Title Eight (As amended by RA. No.

7659)

Elements:
CRIMES AGAINST PERSONS
1. That a person is killed.
What are the crimes against persons? 2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or
They are:
child, whether legitimate Or illegitimate, or
(1) Parricide. (Art. 246) a legitimate other ascendant or other
descendant, or The legitimate spouse, of the
(2) Murder. (Art. 248)
accused.
(3) Homicide. (Art. 249)
(4) Death caused in a tumultuous affray. DISCUSSION:

(Art. 251)  Parents and children are not included in

(5) Physical injuries inflicted in a
tumultuous affray. (Art. 252)
(6) Giving assistance to suicide. (Art.
253)
(7) Discharge of firearms. (Art. 254)
(8) Infanticide. (Art. 255)
(9) Intentional abortion. (Art. 256)
(10) Unintentional abortion. (Art. 257)
(11) Abortion practiced by the woman
herself or by her parents. (Art. 258)
(12) Abortion practiced by a physician
or midwife and dispensing of
Abortives. (Art. 259)
(13) Duel. (Art. 260)
(14) Challenging to a duel. (Art. 261)
(15) Mutilation. (Art. 262)
(16) Serious physical injuries. (Art.
EXAMPLES:
263)
(17) Administering injurious
substances or beverages. (Art. 264)
(18) Less serious physical injuries. (Art.
265)
(19) Slight physical injuries and
maltreatment. (Art. 266)
(20) Rape. (Art. 266-A)
Chapter One
DESTRUCTION OF LIFE
Section One . — Parricide, murder, homicide
Art. 246 . Parricide. — Any person who shall kill
his Father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants or descendants,
or his spouse, shall be guilty of parricide and shall b e
punished by the penalty of Reclusion Perpetua to
death.
the term “ascendants” or “descendants.”
 The term “illegitimate” embraces all
children born out of wedlock. Thus, (a)
adulterine, (b) incestuous, and (c)
sacrilegious children are Included under
the term “illegitimate.”
 Only relatives by blood may be
legitimate or illegitimate. On the other
hand, the “ascendants or Descendants”
must be legitimate. They, too, must be
relatives by blood.
Therefore, an adopted father or adopted
son, or father-in-law or son in-law is not
included in this provision for parricide.
 If you are part of a marriage among
Muslim and you have three wives and
you killed your 2nd wife you can be held
liable for the crime of parricide.
 Parricide by Mistake
 Who kills an illegitimate grandfather or
an illegitimate grandson is not guilty of
parricide, but of simple homicide or
murder as the case may be.
 Pedro is a legitimate son of Juan. Juan
killed Pedro. Is Juan liable for parricide.
Yes, because Juan is the father of Pedro
and Juan is liable for the crime of
parricide for killing his son.
 Parricide by mistake.
If a person wanted to kill a stranger but
by mistake killed his own Father, will it
be parricide? Yes, but Art. 49 applies as
regards the proper Penalty to be
imposed. If a person killed another, not
knowing that the latter was his son, will
he be guilty of parricide? Yes, because
the law does not require knowledge of
relationship between them.
Art . 247 . Death or physical injuries inflicted
under Exceptional circumstances. — Any legally
married person who, having surprised his spouse in
the act of committing Sexual intercourse with another
person, shall kill any of them or both of them In the
act or immediately thereafter, or shall inflict upon
them any serious physical injury, shall suffer the
penalty of destierro.
If he shall inflict upon them physical injuries of any
other kind, he shall be exempt from punishment.
These rules shall be applicable, under the same
circumstances, to parents with respect to their
daughters under eighteen years of age, and their
seducer, while the daughters ae living with their
parents.
Any person who shall promote or facilitate the
prostitution of his wife or daughter, or shall otherwise
have consented to the infidelity of the other spouse
shall not be entitled to the benefits of this article.
Requisites for the application of Art. 247:
1. That a legally married person or a parent
surprises his spouse or his daughter, the
latter under 18 years of age and living with
him, in the act of committing sexual
intercourse with another person.
2. That he or she kills any or both, of them or
inflicts upon any or both of them any serious
physical injury in the act or immediately
thereafter.
3. That he has not promoted or facilitated the
prostitution of his wife or daughter, or that
he or she has not consented to the infidelity
of the other spouse.
DISCUSSION:
 This article does not define a felony, for if
the killing of, or the inflicting of the serious
physical injuries on, the spouse and/or the
paramour is done under the circumstances
mentioned in this article, the accused shall
be sentenced to destierro, instead of the
severe penalty for parricide, homicide, or
serious physical injuries provided for in
Arts. 246, 249, or 263.
 The requisites of Art. 247 must be
established by the evidence of the defense,
because the prosecution will have to charge
the defendant with parricide and/or
homicide, in case death results; or serious
physical injuries in the other case.
 Since Art. 247 does not charge a distinct
crime, the accused charged with killing his
wife’s paramour, cannot enter into a
conditional plea of guilty and be sentenced
immediately to destierro. The court must
receive evidence on the circumstances
surrounding the killing.
 The accused must be a legally married
person.
 Art. 247 must surprise his spouse or
daughter under 18 years old and living with
him in the act of committing sexual
intercourse with another person.
 It does not include merely sleeping on the
same bed or as when he saw her already
rising up and the man buttoning his drawers.
 No criminal liability when less serious or
slight physical injuries are inflicted.
EXAMPLES:
 A husband who, upon arriving home one
night and seeing her wife and a man having
sexual intercourse at bed, killed his wife
who was begging him to pardon her, is
guilty under this art but if he saw a man
jump of the window and did not saw
anything having sexual intercourse and
killed his wife who was begging him to
pardon her, then he is guilty of parricide and
the penalty to be imposed is reclusion
perpetua to death, not destierro as prescribed
in this article.
 When he was approaching the room, the
accused heard low voices. He looked
through a hole into the room and saw Lego
on top of his (accused’s) wife who was
naked from the chest down. Then he
unsheathed his bolo, slowly went up passing
through the kitchen door, and as he was
approaching the door of the room, Lego
came out and he gave him a thrust. Upon
being wounded, Lego jumped out of the
window, but the accused pursued and killed
him. Article 247 applied and the accused
was sentenced to destierro only.
Art . 248 . Murder. — Any person who, not falling
within the provisions of Article 246, shall kill
another, shall be guilty of murder and shall be
punished by reclusion perpetua to death if committed
with any of the following attendant circumstances.
Murder is the unlawful killing of any person which is
not parricide or infanticide, provided that any of the
following circumstances is present:
1 . With treachery, taking advantage of superior
strength, with the aid of armed men, or employing
means to weaken the defense, or of means or persons
to insure or afford impunity;
2. In consideration of a price, reward, or promise;
3. By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or assault
upon a railroad, fall of an airship, by means of motor
vehicles, or with the use of any other means
involving great waste an d ruin;
4. On occasion of any of the calamities enumerated in
the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone, epidemic,
or other public calamity;
5. With evident premeditation;
6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or outraging
or scoffing at hi s person or corpse. (As amended by
RA. No. 7659)
Elements of murder:
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of the
qualifying circumstances mentioned in Art.
248.
4. The killing is not parricide or infanticide.
DISCUSSIONS:
 Penalty for murder. before the 1987
Constitution abolished the death penalty, the
penalty for murder was reclusion temporal in
its maximum period to death. With the
abolition of the death penalty in the 1987
Constitution, the penalty became reclusion
temporal in its maximum period to reclusion
perpetua.
 Rules for the application of the
circumstances which qualify the killing to
murder.
A. That murder will exist
with only one of the
circumstances described
in when more than one
of said circumstances
are present, the others
must be considered as
generic aggravating.
Thus, when in killing
the victim, the
commission of the crime
is attended by: (1)
evident premeditation,
(2) treachery, and (3)
price, reward or
promise, only one of
them shall qualify the
killing to murder and the
other shall be
considered as generic
aggravating
circumstances.
B. That when the other
circumstances are
absorbed or included in
one qualifying
circumstance, they
cannot be considered as
generic Aggravating.
Thus, when there were ten or more armed captors of
the female victim, and one or some of them shot her
at the back, the qualifying circumstance of murder is
either treachery, abuse of superior strength, or with
the aid of armed men, but if treachery is chosen to
qualify the crime, the others are not generic
aggravating circumstances, because they are included
in the qualifying circumstance of treachery.
C. That any of the
qualifying
circumstances
enumerated in Art. 248
must be alleged in the
information.
Thus, even if during the trial the prosecution proves
that the accused killed the deceased with treachery,
but treachery is not alleged in the information,
treachery can not qualify the killing to murder, the
crime charged being only homicide. It is only a
generic aggravating circumstance.
 The killing of a child is murder even if the
manner of attack was not shown. The
qualifying circumstance of treachery or
“alevosia” exists in the commission of the
crime of murder when an adult person
illegally attacks a child of tender years and
causes his death.
EXAMPLES:
 Treachery is present when the shooting of
the victim with a carbine is sudden and
unexpected to the point of incapacitating the
victim to repel or escape it. And where the
hands of the victim were raised as ordered
by the accused who fired at him without any
risk to the accused, treachery is present.
  The deceased, who had been wounded by
one of the accused, was being treated in his
house by his wife when the three accused
pulled him from the stairs to the ground
floor and then they proceeded to stab and
strike him mercilessly and indiscriminately
with their knives inflicting wounds on
different parts of his body. It was held that
since the deceased was wounded, weak and
unarmed he was no match to the three
accused who were all carrying bladed
weapons. The circumstance of superior
strength qualified the killing and raised it to
the category of murder.
Art. 249 . Homicide. — Any person who, not falling
within the provisions of article 246, shall kill another,
without the attendance of any of the circumstances
enumerated in the next preceding article, shall be
deemed guilty of homicide. And be punished by
reclusion temporal.
Elements:
1. That a person was killed;
2. That the accused killed him without any
justifying circumstance;
3. That the accused had the intention to kill,
which is presumed;
4. That the killing was not attended by any of
the qualifying circumstances of murder, or
by that of parricide or infanticide.
DISCUSSIONS:
 Homicide is the unlawful killing of any
person, which is neither parricide, murder,
nor infanticide.
 In homicide, the victim must be killed to
consummate the crime. If the victim is not
killed, it is either attempted or frustrated
homicide.
EXAMPLE:
 A shot C with a pistol. Almost immediately
after A had shot C, B also shot C with his
(B’s) gun. Both wounds inflicted by A and B
were mortal. C was still alive when B shot
him. C died as a result of the wounds
received from A and B, acting independently
of each other.
Since either wound could cause the death of C, both
are liable and each one of them is guilty of homicide.
The burden of proof is on each of the defendants to
show that the wound inflicted by him did not cause
the death. The one who inflicted a wound that
contributed to the death of the victim is equally liable.
Art. 250 . Penalty for frustrated parricide,
murder, or Homicide. — The courts, in view of the
facts of the case, may impose upon the person guilty
of the frustrate d crime or parricide, murder, or
homicide, denned and penalized in the preceding
articles, a penalty lower by one degree than that
which should be imposed under the provisions of
Article 50 . The courts, considering the facts of the
case, may likewise reduce by one degree the penalty
which under Article 51 should be imposed for an
attempt to commit any of such crimes.
DISCUSSION:
 Courts may impose a penalty two degrees
lower for frustrated parricide, murder or
homicide.
 In a case of frustrated murder, in view of the
nature of the wounds inflicted upon the
injured party which were cured in less than
one month, the accused may be given the
benefit of a reduction of the corresponding
penalty.
EXAMPLES:
 Thus, where the defendant had good reason
to be jealous of his wife and attempted to
kill her under the influence of resulting
passion, the accused may be given the
benefit of this article.
Art. 251 . Death caused in a tumultuous affray. —
When, while several persons, not composing groups
organized for the common purpose of assaulting an d
attacking each other reciprocally, quarrel and assault
each other in a confused and tumultuous manner, and
in the course of the affray someone is killed, and it
cannot be ascertained who actually killed the
deceased, but the person or persons who inflicted
serious physical injuries can be identified, such
person or persons shall be punished by prision mayor.
If It cannot be determined who inflicted the serious
physical injuries on the deceased, the penalty of
prision correccional in its medium and maximum
period shall be imposed upon all those who shall have
used violence upon the person of the victim.
Elements:
1. That there be several persons.
2. That they did not compose groups organized
for the common purpose of assaulting and
attacking each other reciprocally.
 3. That these several persons quarreled and
assaulted one another in a confused and
tumultuous manner.
4. That someone was killed in the course of the
affray.
5. That it cannot be ascertained who actually
killed the deceased.
6. That the person or persons who inflicted
serious physical injuries or who used
violence can be identified.
DISCUSSION:
 Tumultuous affray exists when at least four
persons took part.
 There is no crime of death in a tumultuous
affray if the quarrel is between two (2)
well-known groups. When there was
confusion in the fight and the person who
inflicted the wounds could not be
identified, the crime is death caused in a
tumultuous affray.
 Liable for tumultuous affray are:
a. The person or persons who inflicted
the serious physical injuries are
liable .
b. If it is not known who inflicted the
serious physical injuries on the
deceased, all the persons who used
violence upon the person of the
victim are liable, but with lesser
liability.
EXAMPLES:
 Four accused, on one hand, fought against three
other persons, on the other; one of whom was
mortally wounded, but it did not appear who
inflicted the wounds. There was confusion in the
fight. The four accused did not help one another
in attacking the injured person.
The accused were guilty of death caused in a
tumultuous affray, and as the person who
inflicted the wounds could not be identified,
they were all liable under the 2nd paragraph
of Art. 251, because they all used violence.
 After a free-for-all fight, one of the participants
died the next day. there was no convincing
evidence that it was the knife which the accused
wielded upon the body of the deceased that
precisely caused any of the three stab wounds in
the body of the deceased. All the wounds
sustained by the deceased were inflicted by
protagonists not composing groups.
It was held that the accused, having used
violence upon the person of the deceased in
wielding the knife, was liable under the
second paragraph of Art. 251.
Art. 252 . Physical injuries inflicted in a
tumultuous affray. — When in a tumultuous affray
as referred to in the preceding article, only serious
physical injuries are inflicted upon the participants
thereof and the person responsible therefor cannot be
identified, all those who appear to have used violence
upon the person of the offended party shall suffer the
penalty next lower in degree than that provided for
the physical injuries so inflicted. When the physical
injuries inflicted are of a less serious nature and the
person responsible therefor cannot be identified, all
those who appear to have used any violence upon the
person of the offended party shall be punished by
arresto mayor from five to fifteen days.
Elements:
1. That there is a tumultuous affray as referred
to in the preceding article.
2. That a participant or some participants
thereof suffer serious physical injuries or
physical injuries of a less serious nature
only.
3. That the person responsible therefor cannot
be identified.
4. That all those who appear to have used
violence upon the person of the offended
party are known.
DISCUSSIONS:
 When a person is killed in the course of the
affray, and the one who inflicted serious physical
injuries is known, Art. 252 is not applicable to
those who used violence, because that article
applies when in a tumultuous affray, only serious
physical injuries or physical injuries of a less
serious nature are inflicted.
 Unlike the victim in Art. 251, the injured party in
the crime of physical injuries inflicted in a
tumultuous affray must be one or some of the
participants in the affray.
 Penalty is one degree lower than that for the
physical injury inflicted.
 Only the one who used violence is liable.
Art. 253 . Giving assistance to suicide. — Any
person who shall assist another to commit suicide
shall suffer the penalty of prision mayor, if such
person lends his assistance to another to the extent of
doing the killing himself, he shall suffer the penalty
of reclusion temporal. However, if the suicide is not
consummated, the penalty of arresto mayor in its
medium and maximum periods shall be imposed.
Acts punishable as giving assistance to suicide.  The distance of 200 meters was so great that
it is difficult to impute an intention on the
1. By assisting another to commit suicide,
part of the offender to kill the offended
whether the suicide is consummated or not.
party. The discharge was intended merely to
2. By lending his assistance to another to
frighten away the offended party. The crime
commit suicide to the extent of doing the
is only discharge of firearm.
killing himself.
 If in the illegal discharge of firearm the
DISCUSSION: offended party is hit and wounded, there is a
complex crime of discharge of firearm with
 The penalty one or two degrees lower than physical injuries when the physical injuries
that provided for consummated suicide, are serious or less serious.
where the assistance of the offender consists
in performing acts to do the killing himself, EXAMPLES:
should be imposed, depending upon whether
 As the accused aimed the gun at, and was
it is frustrated or it is attempted suicide.
about to shoot, the offended party who was
 A person who attempts to commit suicide is
then seated, a third person tapped it down so
not criminally liable, because society has
that, when it fired, the bullet hit the floor.
always considered a person who attempts to
Illegal discharge of firearm.
kill himself as an unfortunate being, a
 The accused intimidated the complaining
wretched person more deserving of pity
witnesses by pointing his revolver in their
rather than of penalty.
direction, whereupon they threw themselves
 Euthanasia — commonly known as mercy-
upon and disarmed him. In the course of the
killing — is the practice of painlessly
struggle, the accused discharged the revolver
putting to death a person suffering from
so close to one of the complaining witnesses.
some incurable disease.
Illegal discharge of firearm.
 Euthanasia is not lending assistance to
suicide. In euthanasia, the person killed does Section Two . — Infanticide and abortion
not want to die. A doctor who resorts to
Art. 255 . Infanticide. — The penalty provided for
mercy-killing of his patient may be liable for
parricide in Article 246 and for murder in Article 248
murder.
shall be imposed upon any person who shall kill any
Art. 254 . Discharge of firearms. — Any person child less than Three days of age.
who shall shoot at another with any firearm shall
If the crime penalized in this article be committed by
suffer the penalty of prision correccional in its
the mother of the child for the purpose of concealing
minimum and medium periods, unless the facts of the
her dishonor, she shall suffer the penalty of prision
case are such that the act can be held to constitute
mayor in its medium and maximum periods, and if
frustrated or attempted parricide, murder, homicide,
said crime be committed for the same purpose by the
or any other crime for which a higher penalty is
maternal grandparents or either of them, the penalty
prescribed by any of the articles of this Code.
shall be reclusion temporal. (As amended By RA. No.
Elements: 7659)

1. That the offender discharges a firearm Elements of infanticide.

against or at another person.
1. That a child was killed.
2. That the offender has no intention to kill that
2. That the deceased child was less than three
person.
days (72 hours) of age.
DISCUSSION: 3. That the accused killed the said child.

 The act constituting the offense is shooting DISCUSSION:

at another with any firearm, without intent to
 Infanticide may be denned as the killing of
kill him. If the firearm is not discharged at a
any child less than three days of age,
person, there is no crime of discharge of
whether the killer is the parent or
firearm.
grandparent, any other relative of the child,
 Intent to kill is negatived by distance of 200
or a stranger.
yards between offender and victim.
  Other person who kills a child less than three
days old, to suffer the penalty for murder.
 Only the mother and maternal grandparents
of the child are entitled to the mitigating
circumstance of concealing the dishonor.
EXAMPLES:
 Infanticide to conceal dishonor.
The accused, an unmarried woman, gave birth to a
living child. She hastily left the house, taking the
infant with her. In a place nearby, she buried the
child. When the body was found, there was an
abrasion on both sides of the nose which might have
been caused by pressure exerted by another person.
The death of the child might have been due to
suffocation. it was held that inasmuch as it was born
alive and in a healthy condition, it is not to be
presumed, without some just reason therefor, that it
die a natural death within the extremely short time
that elapsed between its birth and its burial. The facts
proven clearly revealed her decided intent to kill the
newly born child in order to conceal her dishonor.
Art . 256 . Intentional abortion. — Any person who
shall intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal if he shall
use any violence upon the person of the
pregnant woman.
2. The penalty of prision mayor, if without
using violence, he shall act without the
consent of the woman.
3. The penalty of prision correccional in its
medium and maximum periods, if the
woman shall have consented.
DISCUSSION:
 Abortion as the willful killing of the fetus in
the uterus, or the violent expulsion of the
foetus from the maternal womb which
results ih the death of the fetus.
 If the foetus survives in spite of the attempt
to kill it or the use of violence, abortion is
not consummated. If abortion is intended
and the foetus does not die, it is frustrated
intentional abortion when all the acts of
execution have been performed by the
offender. if abortion is not intended and the
foetus does not die, in spite of the violence
intentionally exerted, the crime may be only
physical injuries. There is no frustrated
unintentional abortion, in view of the lack of
intention to cause an abortion.
 In abortion, the foetus may be over or less
than six months old.
 Two kinds of abortion:
Intentional and unintentional.
a. Ways of committing intentional
abortion:
1. By using any violence upon the
person of the pregnant woman.
2. By acting, but without using
violence, without the consent of the
woman. (By administering drugs or
beverages upon such pregnant
woman without her consent.)
3. By acting (by administering
drugs or beverages), with the
consent of she pregnant woman.
b. Elements of intentional abortion:
1. That there is a pregnant woman;
2. That violence is exerted, or drugs or
beverages administered, or that the accused
otherwise acts upon such pregnant woman;
3. That as a result of the use of violence or
drugs or beverages upon her, or any other act
of the accused, the foetus dies, either in the
womb or after having been expelled
therefrom;
4. That the abortion is intended.
The person who intentionally caused the abortion is
liable under Art. 256. The woman is liable under Art.
258, if she consented to the abortion caused on her. If
she did not consent to the abortion caused on her, she
is not liable.
EXAMPLES:
 A, believing that the child in the womb of a
woman was a sort offish demon, gave her a
“potion” made of herbs. Two hours
thereafter, she gave birth to a child three
months in advance of the full period of
gestation. (abortion by administering
abortive.)
 A mother, who had aborted for taking
“pociones amargas,” buried near her house a
living foetus. The expelled foetus had
already acquired a human form and about
six months old. But it did not have its own
life, independently of the mother. It could
not subsist by itself, outside the maternal
womb. It did not unite all the conditions for
legal viability. A foetus under these
conditions had necessarily to succumb a few
moments after its expulsion from the
maternal womb.
 Held: Abortion, not infanticide, was
committed. If the foetus (1) could sustain an
independent life, after its separation from the
maternal womb, and it (2) is killed, the
crime is infanticide.
Art. 257 . Unintentional abortion. — The penalty of
prision correccional in its minimum and medium
periods hall be imposed upon any person who shall
cause an abortion by violence, but unintentionally.
Elements:
1. That there is a pregnant woman.
2. That violence is used upon such pregnant
woman without intending an abortion.
3. That the violence is intentionally exerted.
4. That as a result of the violence the foetus
dies, either in the womb or after having been
expelled therefrom.
DISCUSSION:
 Unintentional abortion is committed only by
violence.
EXAMPLES:
 Thus, where a man points a gun at a
pregnant woman, at the same time telling her
that he will kill her, and because of the fright
she absorbs, she suffers an abortion, the
offender is guilty of threats only.
 The accused who struck a woman three
months pregnant on her hip with a bottle,
causing hemorrhage and miscarriage was
held guilty of unintentional abortion.
 A truck driven by Romeo Jose on the road
leading to the municipality of San Nicolas,
Ilocos Norte, bumped a calesa from behind
causing the horse drawing it to stumble; that
as a result, the cochero and the passengers of
the calesa were thrown from their seats; that
one of the passengers, Caridad Palacio, who
was then on the sixth month of her
pregnancy, bumped her abdomen against the
front wall of the calesa when she was thrown
off her seat; that as a consequence of her
fright and the force with which she was
thrown against the front wall of the calesa,
she had a momentary loss of consciousness;
that on the evening of the accident blood
came out from Caridad Palacio’s vagina and
she had to call a doctor to examine and treat
her; that the physician’s diagnosis of her
ailment was threatened abortion; and that on
January 21,1951 , or three days later, she did
have an abortion.
Held: The appellant Romeo Jose is hereby
declared guilty of the crime of unintentional
abortion through reckless imprudence and
sentenced to suffer the penalty of 2 months
and 1 day of arresto mayor, with costs.
Art. 258 . Abortion practiced by the woman
herself or by her parents. — The penalty of prision
correccional in its medium and maximum periods
shall be imposed upon a woman who shall practice an
abortion upon herself or shall consent that any other
person should do so. Any woman who shall commit
this offense to conceal her dishonor shall suffer the
penalty of prision correccional in its minimum and
medium periods. If this crime be committed by the
parents of the pregnant woman or either of them, and
they act with the consent of said woman for the
purpose of concealing her dishonor, the offenders
shall suffer the penalty of prision correccional In its
medium and maximum periods.
Elements:
1. That there is a pregnant woman who has
suffered an abortion.
2. That the abortion is intended.
3. That the abortion is caused by ---
a. The pregnant woman herself;
b. Any other person, with her consent;
or
c. Any of her parents, with her
consent for the purpose of
concealing her dishonor.
DISCUSSION:
 Only the woman or any of her parents is
liable under Art. 258, if the purpose of the
latter is to conceal her dishonor.
 Art. 258 covers three cases, namely:
1. Abortion committed by the woman upon
herself or by any other person with her
consent, (par. 1)
2. Abortion by the woman upon herself to
conceal her dishonor. (par. 2)
3. Abortion by any of the parents of the
woman with the latter’s consent to conceal
her dishonor, (par. 3)
Art. 259 . Abortion practiced by a physician or
midwife and dispensing of abortives. — The
penalties provided in Article 256 shall be imposed in
their maximum period, respectively, upon any
physician or midwife who, taking advantage of their
scientific knowledge or skill, shall cause an abortion
or assist in causing the same. Any pharmacist who,
without the proper prescription from a physician,
shall dispense any abortive shall suffer arresto mayor
and a fine not exceeding 1,000 pesos.
Elements:
1. That there is a pregnant woman who has
suffered an abortion.
2. That the abortion is intended.
3. That the offender, who must be a physician
or midwife, causes, or assists in causing, the
abortion.
4. That said physician or midwife takes
advantage of his or her scientific knowledge
or skill.
DISCUSSION:
 As to pharmacists, the elements are:
1. That the offender is a pharmacist.
2. That there is no proper prescription
from a physician.
3. That the offender dispenses any
abortive.
Section Three. — Duel
Art. 260 . Responsibility of participants in a duel.
— The penalty of reclusion temporal ‘ shall be
imposed upon any person who shall kill his adversary
in a duel. If he shall inflict upon the latter physical
injuries only, he shall suffer the penalty provided
therefor, according to their nature.
In any other case, the combatants shall suffer the
penalty of arresto mayor , although no physical
injuries have been inflicted.
The seconds shall in all events be punished as
accomplices.
Acts punished in duel.
1. By killing one’s adversary in a duel.
2. By inflicting upon such adversary physical
injuries.
3. By making a combat although no physical
injuries have been inflicted.
Who are liable in a duel?
1. The person who killed or inflicted physical
injuries upon his adversary, or both
combatants in any other case, as principals.
2. The seconds, as accomplices.
DISCUSSION:
 Duel, It is a formal or regular combat
previously concerted between two parties in
the presence of two or more seconds of
lawful age on each side, who make the
selection of arms and fix all the other
conditions of the fight.
 But the general principle is that when there
is intent to kill, the inflicting of physical
injuries is either attempted or frustrated
homicide. the penalty for duel, when a
person kills his adversary, is the same as that
for homicide, because when death results,
the intent to kill is conclusively presumed.
When there is an agreement to fight to the
death, there is intent to kill on the part of the
combatants. However, the Code disregards
the intent to kill in considering the penalty
for duel when only physical injuries are
inflicted upon the adversary.
Art. 261 . Challenging to a duel. — The penalty of
prision correccional in its minimum period shall be
imposed upon any person who shall challenge
another, or incite another to give or accept a
challenge to a duel, or shall scoff at or decry another
publicly for having refused to accept a challenge to
fight a duel.
Acts punished under Art. 261:
1. By challenging another to a duel.
2. By inciting another to give or accept a
challenge to a duel.
3. By scoffing at or decrying another publicly
for having refused to accept a challenge to
fight a duel.
DISCUSSION:
 A challenge to fight, without contemplating
a duel, is not challenging to a duel. The
person making the challenge must have in
mind a formal combat to be concerted
between him and the one challenged in the
presence of two or more seconds.
 Person responsible under Article 261 are the,
challenger and instigator.
Chapter Two
PHYSICAL INJURIES
What are the crimes of physical injuries?
They are:
1. Mutilation. (Art. 262)
2. Serious physical injuries. (Art. 263)
3. Administering injurious substance or
beverages. (Art. 264)
4. Less serious physical injuries. (Art. 265)
 5. Slight physical injuries and maltreatment.
(Art. 266)
Article 262. Mutilation. — The penalty of reclusion
temporal to reclusion perpetua shall be imposed upon
any person who shall intentionally mutilate another
by depriving him, either totally or partially, of some
essential organ for reproduction. Any other
intentional mutilation shall be punished by prision
mayor in its medium and maximum periods.
DISCUSSION:
 The term “mutilation” means the lopping or
the clipping off of some part of the body.
 The putting out of an eye does not fall under
this definition. Thus, When a robber stabbed
a woman in one eye, and as a result of the
wound thus inflicted she lost the use of the
eye, there is no mutilation.
Two kinds of mutilation:
1. By intentionally mutilating another by
depriving him, either totally or partially, of
some essential organ for reproduction.
 Elements of mutilation of the first kind:
1. That there be a castration, that is,
mutilation of organs necessary for
generation, such as the penis or
ovarium.
2. That the mutilation is caused
purposely and deliberately, that is, to
deprive the offended party of some
essential organ for reproduction.
 Castration which must be made
purposely.
Clearly it is the intention of the law to
punish any person who shall
intentionally deprive another of any
organ necessary for reproduction. An
applicable construction, is that of Viada
in the following language:
“At the head of these crimes, according to their order
of gravity, is the mutilation known by the name of
‘castration’ which consists of the amputation of
whatever organ is necessary for generation. The law
could not fail to punish with the utmost severity such
a crime, which, although not destroying life, deprives
a person of the means to transmit it. But bear in mind
that according to this article in order for ‘castration’
to exist, it is indispensable that the ‘castration’ be
made purposely. The law does not look only to the
result but also to the intention of the act.
Consequently, If by reason of an injury or attack, a
person is deprived of the organs of generation, the
act, although voluntary, not being intentional to that
end, it would not come under the provisions of this
article, but under No. 2 of Article 431.
2. By intentionally making other mutilation,
that is, by lopping or clipping off any part of
the body of the offended party, other than the
essential organ for reproduction, to deprive
him of that part of his body.
 If the mutilation involves a part of the
body, other than an organ for
reproduction, such as the cutting of the
outer ear or arm of the offended party,
with a deliberate purpose of depriving
him of that part of his body, it is other
intentional mutilation, under the second
paragraph of Art. 262.
Article 263 . Serious physical injuries. — Any
person who shall wound, beat, or assault another,
shall be guilty of the crime of serious physical
injuries and shall suffer:
1. The penalty of prision mayor, if in consequence of
the physical injuries inflicted, the injured person shall
become insane, imbecile, impotent, or blind;
2. The penalty of prision correccional in its medium
and maximum periods, if in consequence of the
physical injuries inflicted, the person injured shall
have lost the use of speech or the power to hear or to
smell, or shall have lost an eye, a hand, a foot, an
arm, or a leg, or shall have lost the use of any such
member, o r shall have become incapacitated for the
work in which he was theretofore habitually
engaged ;
3 . The penalty of prision correccional in its minimum
and medium periods, if in consequence of the
physical injuries inflicted, the person injured shall
have become deformed, or shall have lost any other
part of his body, or shall have lost the use thereof, or
shall have been ill or incapacitated for the
performance of the work in which he was habitually
engaged for a period more than ninety days;
4 . The penalty of arresto mayor in its maximum
period to prision correccional in its minimum period
if the physical injuries inflicted shall have caused the
illness or incapacity for labor of the injured person
for more than thirty days.
If the offense shall have been committed against any
of the persons enumerated in Article 246, or with
attendance of any of the circumstances mentioned in
Article 248, the case covered by subdivision number
1 of this article shall be punished by reclusion
temporal in its medium and maximum periods, the
case covered by subdivision number 2 by prision
correccional in its maximum period to prision mayor
in its minimum period the case covered by
subdivision number 3 by prision correccional in its
medium and maximum period and the case covered
by subdivision number 4 by prision correccional in its
minimum and medium periods the provisions of the
preceding paragraph shall not be applicable to a
parent who shall inflict physical injuries upon his
child by excessive chastisement.
DISCUSSION:
 How is the crime of serious physical injuries
committed? it is committed —
(1) By wounding;
(2) By beating; or
(3) By assaulting
(Art. 263); or
(4) By administering
injurious
substance. (Art.
264)
 May be committed by reckless imprudence,
or by simple imprudence or negligence.
 Serious Physical Injuries are:
1. When the injured person becomes insane,
imbecile, impotent or blind in
consequence of the physical injuries
inflicted.
In medical jurisprudence, impotence means inability
to copulate. Properly used of the male; but it also has
been used synonymously with “sterility”.
The Penalty is for the victim under 12 years of age.
2. When the injured person (a) loses the use
of speech or the power to hear or to
smell, or loses an eye, a hand, a foot, an
arm, or a leg, or (b) loses the use of any
such member, or (c) becomes
incapacitated for the work in which he
was theretofore habitually engaged, in
consequence of the physical injuries
inflicted.
It must be loss of power to hear of both ears. If there
is loss of power to hear of one ear only, it is serious
physical injuries under paragraph 3 of Art. 263.
Loss of use of hand or incapacity for usual work must
be permanent.
3. When the person injured (a) becomes
deformed, or (b) loses any other member
of his body, or (c)loses the use thereof, or
(d) becomes ill or incapacitated for the
performance of the work in which he was
habitually engaged for more than 90
days, in consequence of the physical
injuries inflicted.
Covers any member which is not principal member of
the body.
The phrase “any other part of his body” in paragraph
3 of this article should be “any other member”,
meaning any member other than an eye, a hand, a
foot, an arm, or a leg, which are mentioned in
paragraph 2.
The fingers of the hand are not principal members.
The loss of the use of three fingers of a left hand is
serious physical injuries under paragraph 3 of Art.
263. But if it is alleged in the information and proved
that the loss of the use of the three fingers also
resulted in the loss of the use of the hand itself, it is
serious physical injuries under paragraph 2 of said
article.
Deformity defined by deformity it is meant physical
ugliness, permanent and definite abnormality. It must
be conspicuous and visible.
Loss of teeth as deformity. Loss of three incisors is a
visible deformity.
Deformity by loss of teeth refers to injury which
cannot be repaired by the action of nature.
4. When the injured person becomes ill or
incapacitated for labor for more than 30
days (but must not be more than 90
days), as a result of the physical injuries
inflicted.
This article does not refer to labor in which the
offended party is engaged at the time the serious
physical injuries are inflicted. Hence, the incapacity
is for any kind of labor.
Injury requiring hospitalization for more than thirty
days is serious physical injuries.
EXAMPLES:
 The accused, while conversing with the
offended party, drew the latter’s bolo from
its scabbard. The offended party caught hold
of the edge of the blade of his bolo and
wounded himself.
Since the accused did not wound, beat or
assault the offended party, he cannot be
guilty of serious physical injuries.
 During the trial, offended party Eleuterio
Macayan tried to prove that as a result of the
 injury on his left wrist, he permanently lost
the use of it “because the fingers are
paralyzed, the fingers lose their flexibility.”
Art. 263, paragraph 2, presupposes that the
loss of the use of the hand or the incapacity
for usual work is permanent. Offended
party’s uncorroborated testimony does not
sufficiently establish that the loss of the use
of his left hand is lasting and permanent.
Even if he could not use his left hand during
the trial, it does not necessary follow that he
has forever lost the use thereof. It is possible
that he might later on regain its use. No
expert testimony was presented to show that
the nature of Eleuterio Macayan’s injury was
such that he has permanently lost the use of
his left hand by reason thereof. In order to
sustain a conviction under the
aforementioned provision of law, the
prosecution must prove by clear and
conclusive evidence that the offended party
actually cannot make use of his hand and
that such impairment is permanent. The act
committed by the defendant constitutes the
crime of Serious physical injuries defined
and penalized under paragraph 3, Article 263
of the Revised Penal Code.
Article 264 . Administering injurious substances
or beverages.
— The penalties established by the
next preceding article shall be
applicable in the respective case to
any person who, without intent to
kill, shall inflict upon another any
serious physical injury, by
knowingly administering to him
any injurious substances or
beverages or by taking advantage
of his weakness of mind or
credulity.
Elements:
1. That the offender inflicted upon another any
serious physical injury.
2. That it was done by knowingly
administering to him any injurious
substances or beverages or by taking
advantage of his weakness of mind or
credulity.
3. That he had no intent to kill.
DISCUSSIONS:
 If the accused did not know of the injurious
nature of the substances he administered, he
is not liable under this article.
 Administering injurious substance means
introducing into the body the substance.
Article 265 . Less serious physical injuries. — An y
person who shall inflict upon another physical
injuries not described in the preceding articles, but
which shall incapacitate the offended party for labor
for ten days or more, or shall require medical
attendance for the same period, shall be guilty of less
serious physical injuries and shall suffer the penalty
of arresto mayor.
Whenever less serious physical injuries shall have
been inflicted with the manifest intent to insult or
offend the injured person , or under circumstances
adding ignominy to the offense, I n addition to the
penalty of arresto mayor a fine not exceeding 500
pesos shall be imposed.
Any less serious physical injuries inflicted upon the
offender’s parents, ascendants, guardians, curators,
teachers, or persons of rank, or persons in authority,
shall be punished by prision correccional in its
minimum and medium periods provided that, in the
case of persons in authority, the deed does not
constitute the crime of assault up n such persons.
Matters to be noted in the crime of less serious
physical injuries.
1. That the offended party is incapacitated for
labor for ten days or more (but not more
than 30 days), or needs medical attendance
for the same period of time.
2. That the physical injuries must not be those
described in the preceding Articles.
Thus, if the incapacity is more than 30 days or the
illness lasts for more than 30 days, it is a serious
physical injury under paragraph 4 of Art. 263.
Qualified less serious physical injuries.
(1) A fine not exceeding P500, in
addition to arresto mayor, shall be
imposed for less serious physical
injuries when —
(a) There is a manifest
intent to insult or offend
the injured person, or
(b) There are circumstances
adding ignominy to the
offense.
(2) A higher penalty is imposed when
the victim is either —
 (a) The offender’s parents,
ascendants, guardians,
curators or teachers; or
(b) Persons of rank or
persons in authority,
provided the crime is
not direct assault.
DISCUSSION:
 The law includes two subdivisions, dealing
with (1) the inability for work, and (2) the
necessity for medical attendance. So that
although the wound required medical
attendance for only two days; yet if the
injured party was prevented from attending
to his ordinary labor for a period of twenty-
nine days, the physical injuries are
denominated less serious.
 The crime is less serious physical injuries
even if there was no incapacity, but the
medical treatment was for 13 days.
 Physical injuries which do not prevent the
offended party from engaging in his habitual
work or require medical attendance are
classified as slight. (Art. 266, par. 2) This is
true even if the injuries were cured, but
without medical attendance, say in twenty
days. but suppose the injuries, without
medical attendance, were healed after two
months? In this case, it may be considered
illness for more than 30 days and, hence, the
crime is serious physical injuries under par.
4, Art. 263.
Article 266. Slight physical injuries and
maltreatment. — The crime of slight physical
injuries shall be punished:
1. By arresto menor when the offender has inflicted
physical injuries which shall incapacitate the
offended party for labor from one to nine days, or
shall require medical attendance during the same
period;
2. By arresto menor or a fine not exceeding 200 peso
s and censure when the offender has caused physical
injuries which do not prevent the offended party from
engaging in his habitual work nor require medical
attendance;
3. By arresto menor in its minimum period or a fine
not exceeding 50 pesos when the offender shall ill-
treat another by deed without causing any injury.
Three kinds of slight physical injuries:
1. Physical injuries which incapacitated the
offended party for labor from one (1) to nine
(9) days, or required medical attendance
during the same period.
2. Physical injuries which did not prevent the
offended party from engaging in his habitual
work or which did not require medical
attendance.
3. Ill-treatment of another by deed without
causing any injury.
DISCUSSION:
 In the absence of proof as to the period
of the offended party’s incapacity for
labor or of the required medical
attendance, the crime committed is
slight physical injuries.
 A physical injury which incapacitates
the offended party from working for 9
days and some hours without amounting
to 10 days, is a slight physical injury.
 Where conspiracy to murder is not
proved, and the gravity or duration of
the physical injury resulting from the
fist blows by the accused on the victim
was not established by the evidence, the
accused is presumed, and is held, liable
for slight physical injuries.
EXAMPLES:
 Physical injuries under paragraph 2.
Contusion on the face or black eye produced
by fistic blow.
 Physical injury by ill-treatment.
Any physical violence which does not
produce injury, such as slapping the face of
the offended party, without causing a
dishonor.
Chapter Three
RAP E
Article 266-A. Rape, When and How Committed.
— Rape is committed —
1 ) By a man who shall have carnal knowledge of a
woman under any of the following circumstances:
A) Through force, threat or intimidation;
B) When the offended party is deprived of reason or
is otherwise unconscious;
C) By means of fraudulent machination or grave
abuse of authority;
D) When the offended party is under twelve (12 )
years of age or is demented, even though none of the
circumstances mentioned above be present;
2) By any person who, under any of the
circumstances mentioned in paragraph 1 hereof, shall
commit an act of sexual assault by inserting his penis
into another person’s mouth or anal orifice, or any
instrument or object, into the genital or anal orifice of
another person . (Republic Act No. 8353 which took
effect on October 22,1997)
Article. 266-B. Penalties. — Rape under paragraph 1
of the next preceding article shall be punished b y
reclusion perpetua. Whenever the rape is committed
with the use of a deadly weapon or by two or more
persons, the penalty shall be reclusion perpetua to
death. When by reason or on the occasion of the rape,
the victim has become insane, the penalty shall be
reclusion perpetua to death.
When the rape is attempted and a homicide is
committed by reason or on the occasion thereof, the
penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape,
homicide is committed, the penalty shall be death.
The death penalty shall also be imposed if the crime
of Rape is committed with any of the following
aggravating / qualifying circumstances:
1) When the victim is under eighteen (18 ) years of
age and the offender is a parent, ascendant, step-
parent, guardian, relative by consanguinity or affinity
within the third civil degree, or the common law
spouse of the parent of the victim.
2) When the victim under the custody of the police
or military authorities or any law enforcement or
penal institution.
3) When the rape is committed in full view of the
spouse, parent, any of the children or other relatives
within the third civil degree of consanguinity.
4) When the victim is a religious engaged in
legitimate religious vocation or calling and is
personally known to be such by the offender before
or at the time of the commission of the crime.
5) When the victim is a child below seven (7) year s
old.
6) When the offender knows that he is afflicted with
Human Immuno-Deficiency Virus (HTV)/Acquired
Immune Deficiency Syndrome (ADDS) or any other
sexually transmissible disease and the virus or disease
is transmitted to the victim.
7) When committed by any member of the Armed
Forces of the Philippines or para-military units
thereof or the Philippine National Police or any law
enforcement agency or penal institution, when the
offender took advantage of his position to facilitate
the commission of the crime.
8) When by reason or on the occasion of the rape, the
victim has suffered permanent physical mutilation or
disability.
9) When the offender knew of the pregnancy of the
offended party at the time of the commission of the
crime.
10) When the offender knew of the mental disability,
emotional disorder and/or physical handicap of the
offended party at the time of the commission of the
crime.
Rape under paragraph 2 of the next preceding article
shall be punished by prision mayor.
Whenever the rape is committed with the use of a
deadly weapon or by two or more persons, the
penalty shall be prision mayor to reclusion temporal.
When by reason or on the occasion of the rape, the
victim has become insane, the penalty shall be
reclusion temporal.
When the rape is attempted and a homicide is
committed by reason or on the occasion thereof, the
penalty shall be reclusion temporal to reclusion
perpetua.
When by reason or on the occasion of the rape,
homicide is committed, the penalty shall be reclusion
perpetua.
Reclusion temporal shall also be imposed if the rape
is committed with any of the ten
aggravating/qualifying circumstances mentioned in
this article. (Republic Act No. 8353)
Elements of rape under paragraph 1:
(1) That the offender is a man;
(2) That the offender had carnal
knowledge of a woman;
(3) That such act is accomplished
under any of the following
circumstances:
(a) By using force or
intimidation; or
(b) When the woman is
deprived of reason or
otherwise unconscious;
or
 (c) By means of fraudulent
machination or grave
abuse of authority; or
(d) When the woman is
under 12 years of age or
demented.
Elements of rape under paragraph 2:
(1) That the offender commits an act of
sexual assault;
(2) That the act of sexual assault is
committed by any of the following
means:
(a) By inserting his penis
into another person’s
mouth or anal orifice; or
(b) By inserting any
instrument or object into
the genital or anal
orifice of another
person;
(3) That the act of sexual assault is
accomplished under any of the
following circumstances:
(a) By using force or
intimidation;
(b) When the woman is
deprived of reason or
otherwise unconscious
or
(c) By means of fraudulent
machination or grave
abuse of authority; or
(d) When the woman is
under 12 years of age or
demented.
DISCUSSION:
 Under Republic Act No. 8353, the crime of
rape can now be committed by a male or a
female. Before its amendment, rape could
only be committed by a male person.
 PARAGRAPH 1: RAPE BY SEXUAL
INTERCOURSE
 The contact of the male penis with the
woman’s vagina is referred to as “rape
by sexual intercourse”
 Penetration, even partial is necessary.
The slightest penetration is enough.
Proof of emission is not necessary.
 Even if the attacker’s penis merely
touched the external portions of the
female genitalia.
 When force or intimidation is employed
by the offender, it is not necessary that
the woman be unconscious when he had
carnal knowledge of her.
 PARAGRAPH 2: RAPE THROUGH
SEXUAL ASSAULT
 The sexual abuse under paragraph 2
is categorized as “rape through
sexual assault.”
 Force employed against the victim
of rape need not be of such
character as could be resisted.
 Rape committed by employing
intimidation.
 Moral Ascendancy or Influence,
held to substitute for the element of
physical force or intimidation.
 Consummated rape.
For the consummation of the crime of rape,
it is not essential that there be a complete
penetration of the female organ; neither is it
essential that there be a rupture of the
hymen.
Frustrated rape.
 Frustrated rape is committed upon a girl 3
years and 11 months old, there being no
evidence of penetration of her genital organ.
There is no crime for frustrated rape.
 Attempted rape was committed by the
accused after raising the dress of the woman
then asleep and placing himself on top of
her, and when the woman was awakened the
accused threatened her with a knife, but
because of her continued shouting and
offering of resistance, a neighbor came to
her rescue.
 STATUTORY RAPE: When the girl is under
12 years of age.
EXAMPLES:
 At first, the offended woman shouted for
help, struggled and kicked the accused, but
the latter pressed a hunting knife at her
throat, overcame her resistance, fondled her
and after removing her drawers, succeeded
in having sexual intercourse with her.
 Rosalia was thirteen years, four months and
twenty days old at the time she was raped.
She was an immature teenager. She could
easily be coerced or cowed by a big old
farmer and former security guard like
Garcines (his brother was a policeman). Her
case is not far removed from that on an
eleven-year-old girl with whom voluntary
carnal intercourse is considered rape.
Intimidation includes the moral kind such as
 the fear caused by threatening the girl with a
knife or pistol.
Article 266-D . Presumptions. — Any physical
overt act manifesting resistance against the act of
rape in any degree from the offended party, or where
the offended party is so situated as to render her/him
incapable of giving valid consent, may be accepted as
evidence In the prosecution of the acts punished
under Article 266-A . (Republic Act No. 8353)
Evidence which may be accepted in the
prosecution of rape.
(a) Any physical overt act manifesting
resistance against the act of rape in
any degree from the offended party;
or
(b) Where the offended party is so
situated as to render him/her
incapable of giving consent.
Title Nine
CRIMES AGAINST PERSONAL LIBERTY
AND SECURITY
What are the crimes against liberty?
They are:
(1) Kidnapping and serious illegal
detention. (Art. 267)
(2) Slight illegal detention. (Art. 268)
(3) Unlawful arrest. (Art. 269)
(4) Kidnapping and failure to return a
minor. (Art. 270)
(5) Inducing a minor to abandon his
home. (Art. 271)
(6) Slavery. (Art. 272)
(7) Exploitation of child labor. (Art.
273)
(8) Services rendered under
compulsion in payment of debt.
(Art. 274)
What are the crimes against security?
They are:
1. Abandonment of persons in danger and
abandonment of one’s own victim. (Art.
275)
2. Abandoning a minor. (Art. 276)
3. Abandonment of minor by person entrusted
with his custody; indifference of parents.
(Art. 277)
4. Exploitation of minors. (Art. 278)
5. Trespass to dwelling. (Art. 280)
6.
Other forms of trespass. (Art. 281)
7. Grave threats. (Art. 282)
8. Light threats. (Art. 283)
9. Other light threats. (Art. 285)
10. Grave coercions. (Art. 286)
11. Light coercions. (Art. 287)
12. Other similar coercions — (Compulsory
purchase of merchandise and payment of
wages by means of tokens). (Art. 288)
13. Formation, maintenance and prohibition of
combination of Capital or labor through
violence or threats. (Art. 289)
14. Discovering secrets through seizure of
correspondence. (Art. 290)
15. Revealing secrets with abuse of office. (Art.
291)
16. Revealing of industrial secrets. (Art. 292)
Chapter One
CRIMES AGAINST LIBERTY
Section One . — illegal detention
What are the crimes classified as illegal
detention?
They are:
1. Kidnapping and serious illegal detention.
(Art. 267)
2. Slight illegal detention. (Art. 268)
3. Unlawful arrest. (Art. 269)
Art. 267 . Kidnapping and serious illegal
detention. — Any private individual who shall
kidnap or detain another, or in any other manner
deprive him of his liberty, shall suffer the penalty
of reclusion perpetua to death:
1 . If the kidnapping or detention shall have
lasted more than three days;
2. If it shall have been committed simulating
public authority;
3. If any serious physical injuries shall have been
inflicted upon the person kidnapped or detained,
or if threats To kill him shall have been made;
4 . If the person kidnapped or detained shall be a
minor, except when the accused is any of the
parents, female, or a public officer.
The penalty shall be death where the kidnapping or
detention was committed for the purpose of extorting
ransom from the victim or any other person, even if
none of the circumstances above mentioned were
present in the commission of the offense.
When the victim is killed or dies as a consequence of
the detention, or is raped or is subjected to torture or
dehumanizing acts, the maximum penalty shall be
imposed(As amended by RA.. No. 7659)
Elements:
1. That the offender is a private individual.
2. That he kidnaps or detains another, or in any
other manner deprives the latter of his
liberty.
3. That the act of detention or kidnapping must
be illegal.
4. That in the commission of the offense, any
of the following circumstances is present:
(a) That the kidnapping or detention
lasts for more than 3 days;
(b) That it is committed simulating
public authority;
(c) That any serious physical injuries
are inflicted upon the person
kidnapped or detained or threats to
kill him are made; or
(d) That the person kidnapped or
detained is a minor, female, or a
public officer.
DISCUSSION:
 If the offender is a public officer, the crime
is arbitrary detention.
 As long as the kidnapping or detention was
committed “for the purpose of extorting
ransom,” actual demand for ransom is not
necessary.
 It is essential in the crime of illegal detention
that there be actual confinement or
restriction of the person of the offended
party.
 Detention for more than 3 days is not
necessary when any of the other
circumstances is present.
 Circumstances qualifying the offense.
If the purpose of the kidnapping or detention
is to extort ransom from the victim or any
other person, even if none of the
circumstances mentioned in Art. 267 is
present, the penalty is death. In this case,
death is imposed as a single penalty. It shall
be imposed regardless of the presence and
number of ordinary mitigating
circumstances. (Art. 63, par. 1)
The death penalty prescribed for kidnapping
for ransom is not reduced by the
circumstances of voluntary release by the
captors and non-attainment of the purpose.
(Asistio vs. San Diego, 10 SCRA 673)
However, if the offender is over 15 but
under 16 years of age, it being a privileged
mitigating circumstance, the penalty may be
lowered by one degree. (Art. 68)
 Conspiracy to extort ransom makes all the
conspirators liable under the second
paragraph of Art. 267, including those who
did not take any part of the money.
EXAMPLE:
The offended party testified that the accused had
ordered her not to go out of the agency or to peep
out of the window. But there is no evidence that
the doors of the agency or of its rooms were
locked or closed in such a way as to prevent the
offended party from going out had she wanted to
go out. Neither did she ever feel she wanted to go
out of the building and was prevented from doing
so. On the contrary, she went to the agency on
August 28 voluntarily as there was an offer for
her to work as a maid but she rejected it. There is
no evidence that the three accused conspired to
instill fear into her mind in order to compel and
force her to remain in the agency.
The acts of the accused prohibiting her from
peeping out of the window or going out were
made that she might not be seen by the police.
Held: There is no illegal detention, because the
element of detention or locking up is lacking.
Article 268 . Slight illegal detention. — The
penalty of reclusion temporal shall be imposed
upon any private individual who shall commit
the crimes described in the next preceding Article
without the attendance of any of the
circumstances enumerated therein. The same
penalty shall be incurred by anyone who shall
furnish the place for the perpetration of the
crime.
If the offender shall voluntarily release the
person so kidnapped or detained within three day
s from the commencement of the detention,
without having attained the purpose intended,
and before the institution of criminal proceedings
against him, the penalty shall be prision mayor in
its minimum and medium periods and a fine not
exceeding seven hundred pesos. (As amended by
Republic Act No. 18)
Elements:
1. That the offender is a private individual.
 2. That he kidnaps or detains another, or in any
other manner deprives him of his liberty.
3. That the act of kidnapping or detention is
illegal.
4. That the crime is committed without the
attendance of any of the circumstances
enumerated in Art. 267.
DISCUSSION:
 The same penalty is incurred by anyone who
furnished the place for the perpetration of
the crime. (Art. 268, par. 2)
His participation is raised to that of a real
co-principal.
But if the cooperation of the accomplice is
by an act or acts other than furnishing the
place for the perpetration of the crime, the
penalty should be one degree lower than that
provided for the crime of slight illegal
detention.
 If the offender (a) voluntarily releases the
person so kidnapped or detained within three
days from the commencement of the
detention, (b) without having attained the
purpose intended, and © before the
institution of criminal proceedings against
him, his liability is mitigated. In effect, it is a
privileged mitigating circumstance because
the penalty is lower by one degree.
But to impose the lesser penalty, it must be
shown by the offender that he was in a
position to prolong the detention for more
than three days and yet he released the
person detained within that time.
No mitigation of the penalty is allowed
when the proceedings have already been
instituted, for the simple reason that in this
case, the accused acted through fear rather
than through repentance. All the requisites
mentioned in (a), (b) and (c) must concur.
EXAMPLE:
 The accused with threat and intimidation
were able to compel Juana Briones to go
with them to a certain house where she was
kept for two nights and one day. The purpose
of the offenders in keeping her there was to
enable Mantilla to have a talk with her in
private so that he could persuade her into
marrying him. On the third day, Juana was
able to persuade the accused to take her to
the house of her brother, so that they could
talk the matter over with him. She was taken
there and was then and there released. Held:
The crime committed is that of slight illegal
detention under the third paragraph of Art.
268, as amended by Rep. Act No. 18.
Art. 269 . Unlawful arrest. — The penalty of arresto
mayor and a fine not exceeding 500 pesos shall be
imposed upon any person who , In any case other
than those authorized by law, or without reasonable
ground therefor, shall arrest or detain another for the
purpose of delivering him to the proper authorities.
Elements:
1. That the offender arrests or detains another
person.
2. That the purpose of the offender is to deliver
him to the proper authorities.
3. That the arrest or detention is not authorized
by law or there is no reasonable ground
therefor.
DISCUSSION:
 This article punishes any person who
commits the acts denned therein. This article
applies to public officers.
 There is no unlawful arrest, when the arrest
is authorized by a warrant issued by the
court.
EXAMPLE:
 Thus, when F and P had a dispute as to the
right of P to cultivate the land in question, a
fight ensued, and having beaten P, F tied P
with a piece of rope and conducted him to
the municipal jail where the jailer kept P for
several hours, until he was released by the
Justice of the Peace.
Held: The fact that the accused immediately
conducted the complaining witness to the municipal
jail takes the offense out of the article for illegal
detention and brings it within Art. 269.
Section Two. — Kidnapping o f minor s
What are the crimes called kidnapping of minors?
They are:
(1) Kidnapping and failure to return a
minor. (Art. 270)
(2) Inducing a minor to abandon his
home. (Art. 271)
Article 270 . Kidnapping and failure
to return a minor.
 — The penalty of reclusion
perpetua shall be
imposed upon any
person who, being
entrusted with the
custody of a minor
person, shall
deliberately fail to
restore the latter to his
parents or guardians.
(As amended by
Republic Act No. 18)
Elements:
1. That the offender is entrusted with
the custody of a minor person
(whether over or under 7 years but
less than 21 years of age).
2. That he deliberately fails to restore
the said minor to his parents or
guardians.
DISCUSSION:
 The amendment is silent as to the age of the
minor. We are inclined to believe that the
legal provisions cover all minors, whether
under or over 7 years of age, but less than
21.
Art . 271 . Inducing a minor to abandon his home.
— The penalty of prision correccional and a fine not
exceeding seven hundred pesos shall be imposed
upon anyone who shall induce a minor to abandon the
home of his parents or guardians or the persons
entrusted with his custody. If the person committing
any of the crimes covered by the two preceding
article shall be the father or the mother of the minor,
the penalty shall be arresto mayor or a fine not
exceeding three hundred pesos , or both.(As amended
b y Republic Act No. 18)
Elements:
1. That a minor (whether over or under seven
years of age) is living in the home of his
parents or guardian or the person entrusted
with his custody.
2. That the offender induces said minor to
abandon such home.
DISCUSSION:
 The inducement must be actual, committed
with criminal intent, and determined by a
will to cause damage.
EXAMPLE:
 In a conversation she had with the minors
Diansin Yap and Inn Samain, the accused
told said minors that Manila was a big city;
that the movie houses there were bigger and
better than those found in Jolo; that the City
was a better place to live in; that she would
take them with her to Manila; and that they
need not worry about the expenses incident
to their going to and stay in that City as she
would defray them all. The accused was 19
years old and Diansin Yap and Inn Samain
were 14. The accused was a mere maid,
while Diansin Yap and Inn Samain were
school children, the former being the niece
and the latter the daughter of ladies who
were much more affluent than the accused.
Held: The accused is not guilty of the crime of
inducing a minor to abandon his home. In order
for an inducement of a minor to abandon the
home of his parents or guardian or the person
entrusted with his custody to constitute the crime
penalized under Article 271 of the Revised Penal
code, it is essential that the inducement be actual,
committed with criminal intent, and determined
by a will to cause damage. The representations
made by the accused to said minors highly
praising the City of Manila and her offer and
promise to take them to that city, as narrated
above, clearly do not constitute that inducement
which is essential to the act. The phrase “to
induce” means “to influence; to prevail on; to
move by persuasion; to incite by motives.”
Since there was very little difference in their
ages, and there could not have been much
difference in the degree of their intelligence, it
cannot be supposed that the accused commanded
such ascendancy over Diansin Yap and Inn
Samain as to be able to prevail on them, or that
the latter were so gullible as to believe outright
the promise of a mere maid, a minor like them,
with no other source of income except the small
salary that she was receiving as such. The
probabilities are that these girls abandoned their
respective homes moved by the irresponsible
spirit of restlessness and adventure which is
commonly found in the youth of today, and not
because of the offer and promise made them by
the accused.
Section Three . — Slaver y an d servitude
What are the crimes called slavery and servitude?
They are:
 1. Slavery. (Art. 272)
2. Exploitation of child labor. (Art. 273)
3. Services rendered under compulsion in
payment of debt. (Art. 274)
Art. 272 . Slavery. — The penalty of prision mayor
and a fine of not exceeding 10,000 pesos shall be
imposed upon anyone who shall purchase, sell,
kidnap, or detain a human being for the purpose of
enslaving him. If the crime be committed for the
purpose of assigning the offended party to some
immoral traffic, the penalty shall be imposed in its
maximum period.
Elements:
1. That the offender purchases, sells, kidnaps
or detains a human being.
2. That the purpose of the offender is to
enslave such human being.
DISCUSSION:
 If the purpose of the offender is to assign the
offended party to some immoral traffic
(prostitution), the penalty is higher.
Article 273 . Exploitation of child labor. — The
penalty of prision correccional in its minimum and
medium periods and a fine not exceeding 500 pesos
shall be imposed upon anyone who, under the pretext
of reimbursing himself of a debt incurred by an
ascendant, guardian, or person entrusted with the
custody of a minor, shall, against the tatter’s will,
retain him in his service.
Elements:
1. That the offender retains a minor in his
service.
2. That it is against the will of the minor.
3. That it is under the pretext of reimbursing
himself of a debt incurred by an ascendant,
guardian or person entrusted with the
custody of such minor.
DISCUSSION:
 Note the phrase “against the (minor’s)
latter’s will”; hence, if the minor consents to
the offender’s retaining his services, there is
no violation of this Article.
 Indebtedness, not a ground for detention.
Article 274 . Services rendered under compulsion
in payment of debt. — The penalty of arresto mayor
in its maximum period to prision correccional in its
minimum period shall be imposed upon any person
who, in order to require or enforce the payment of a
debt, shall compel the debtor to work for him, against
his will, as household servant or farm laborer.
Elements:
1. That the offender compels a debtor to work
for him, either as household servant or farm
laborer.
2. That it is against the debtor’s will.
3. That the purpose is to require or enforce the
payment of a debt.
DISCUSSION:
 This article, like Art. 273, punishes a form of
slavery. Note that this article does not
distinguish whether the victim is a minor or
not. Under this article, the debtor himself is
the one compelled to work for the offender.
Under Art. 273, it is the minor who is
compelled to render services for the
supposed debt of his parent or guardian.
Under Art. 273, the service of the minor is
not limited to household and farm work.
Article 275 . Abandonment of persons in
danger and abandonment of one’s own victim.
— The penalty of arresto mayor shall be imposed
upon :
1 . Anyone who shall fail to render assistance to
any person whom he shall find in an uninhabited
place wounded or in danger of dying, when he
can render such assistance without detriment to
himself, unless such omission shall constitute a
more serious offense;
2. Anyone who shall fail to help r render
assistance to another whom he has accidentally
wounded or injured;
3. Anyone who, having found an abandoned
child under seven years of age, shall fail to
deliver said child to the authorities or to his
family, shall fail to take him to a safe place.
Acts punishable under Art. 275.
1. By failing to render assistance to any person
whom the offender finds in an uninhabited place
wounded or in danger of dying when he can
render such assistance without detriment to
himself, unless such omission shall constitute a
more serious offense.
Elements:
a. The place is not inhabited;
 b. The accused found there a person wounded or
in danger of dying;
c. The accused can render assistance without
detriment to himself;
d. The accused fails to render assistance.
2. By failing to help or render assistance to
another whom the offender has accidentally
wounded or injured.
3. By failing to deliver a child, under seven years
of age whom the offender has found abandoned,
to the authorities or to his family, or by failing to
take him to a safe place.
DISCUSSION:
 Paragraph 2 of Art. 275 applies only when
someone is accidentally injured by the
accused.
The use of the word "accidentally" in the article.
Hence, if a person intentionally stabs or shoots
another who is wounded and he does not render
him assistance, that person is not liable under
this article. He is liable only for the crime
resulting from the stabbing or shooting, which
may be physical injuries or homicide if the
victim dies.
 The child under seven years of age must be
found by the accused in an unsafe place.
EXAMPLE:
 If the offender, who failed to render
assistance to the person in danger of dying in
an uninhabited place, had the custody of
such person who is a minor under seven
years of age and the minor died as a
consequence, the penalty of prision
correccional in its medium and maximum
periods provided in the 2nd paragraph of
Art. 276 shall be imposed, which is a graver
penalty.
Article. 276 . Abandoning a minor. — The penalty
of arresto mayor and a fine not exceeding 500 pesos
shall be imposed upon anyone who shall abandon a
child under seven years of age, the custody of which
is incumbent upon him.
When the death of the minor shall result from such
abandonment, the culprit shall be punished by prision
correccional in its medium and maximum periods;
but if the life of the minor shall have been in danger
only, the penalty shall be prision correccional in its
minimum and medium periods." The provisions
contained in the two preceding paragraphs shall not
prevent the imposition of the penalty provided for the
act committed, when the same shall constitute a more
serious offense.
Elements:
1. That the offender has the custody of a
child.
2. That the child is under seven years of
age.
3. That he abandons such child.
4. That he has no intent to kill the child
when the latter is abandoned.
DISCUSSION:
 The offender in abandoning a minor has no
intent to kill the latter. His purpose in
abandoning the minor under his custody is to
avoid the obligation of taking care of said
minor.
If there is intent to kill and the child dies, the crime
would be either murder, parricide, or infanticide, as
the case may be. If the child does not die, it is
attempted murder, parricide or infanticide, as the case
may be.
 Under the 1st paragraph of Art. 276, the law
penalizes the mere abandonment of a child
even when his life is not endangered, so long
as there is an interruption of the care and
protection he needs by reason of his tender
age. The abandonment referred to in this
article is not the momentary leaving of the
child, but the abandonment which deprives
him of the care and protection from danger
to his person. The act must be conscious and
deliberate.
 Circumstances qualifying the offense.
1. When the death of the minor resulted
from such abandonment; or
2. If the life of the minor was in danger
because of the abandonment.
Article 277 . Abandonment of minor by person
entrusted with his custody; indifference of parents.
— The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon anyone
who, having charge of the rearing or education of a
minor, shall deliver said minor to a public institution
or other persons, without the consent of the one who
entrusted such child to his care or, in the absence of
the latter, without the consent of the proper
authorities.
The same penalty shall be imposed upon the parents
who shall neglect their children by not giving them
the education which their station in life requires and
financial condition permits.
Acts punished under Article 277 .
1. By delivering a minor to a public institution or
other persons without the consent of the one who
entrusted such minor to the care of the offender or, in
the absence of that one, without the consent of the
proper authorities.
2. By neglecting his (offender's) children by not
giving them the education which their station in life
requires and financial condition permits.
Elements of abandonment of minor by one
charged with the rearing or education of said
minor.
a. That the offender has
charge of the rearing or
education of a minor.
b. That he delivers said
minor to a public
institution or other
persons.
c. That the one who
entrusted such child to
the offender has not
consented to such act; or
if the one who entrusted
such child to the
offender is absent, the
proper authorities have
not consented to it.
Abandonment of minor by person entrusted with
custody distinguished from abandonment of a
minor under Art. 276.
1. In abandoning a minor under Art. 276, the custody
of the offender is stated in general; in Art. 277, the
custody of the offender is specific, that is, the custody
for the rearing or education of the minor.
2. In Art. 276, the minor is under 7 years of age; in
Art. 277, the minor is under 21 years of age.
3. While in Art. 276, the minor is abandoned in such a
way as to deprive him of the care and protection that
his tender years need; in Art. 277, the minor is
delivered to a public institution or other person.
Elements of indifference of parents:
a. That the offender is a parent.
b. That he neglects his children
by not giving them education.
c. That his station in life requires
such education and his
financial condition permits it.
EXAMPLE:
 Thus, when the father lost his employment
and he had no other means of income and
had to rest following medical advice, his
failure to give money for the support and
education of his children is not a violation of
this article. Nobody is obliged to accomplish
the impossible. Art. 277 contemplates cases
in which the father or mother, having the
means, deliberately fails to give to their
children the education which their station in
life requires and financial condition permits.
Article. 278 . Exploitation of minors. — The
penalty of prision correccional in its minimum and
medium periods and a fine not exceeding 500 pesos
shall be imposed upon:
1. Any person who shall cause any boy or girl under
sixteen years of age to perform any dangerous feat of
balancing, physical strength, or contortion.
2. Any person who, being an acrobat, gymnast, rope -
walker, diver, wild-animal tamer or circus manager,
or engaged in a similar calling, shall employ in
exhibitions of these kinds, children under sixteen
years of age who are not his children or descendants.
3. Any person engaged in any of the callings
enumerated in the next preceding paragraph who
shall employ any descendant of his under twelve
years of age in such danger us exhibitions.
4. Any ascendant, guardian, teacher, or person
entrusted in any capacity with the care of a child
under sixteen years of age, who shall deliver such
child gratuitously to any person following any of the
callings enumerated in paragraph 2 hereof, or to any
habitual vagrant or beggar. If the delivery shall have
been made in consideration of any price,
compensation, or promise, the penalty shall in every
case be imposed in its maximum period.
In either case, the guardian or curator convicted shall
also be removed from office as guardian or curator;
and in the case of the parents of the child, the may be
deprived, temporarily or perpetually, in the discretion
of the court, of their parental authority.
5. Any person who shall induce any child under
sixteen years of age to abandon the home of its
ascendants, guardians, curators, or teachers to follow
any person engaged in any of the callings mentioned is inducing a minor
in paragraph 2 hereof, or to accompany any habitual to abandon his
vagrant or beggar. home under Art.
271.
Acts punished under this article:
(2) In inducing a minor
1. By causing any boy or girl under 16 years of age to to abandon his
perform any dangerous feat of balancing, physical home under Art.
strength or contortion, the offender being any person. 271, the victim is a
minor under 21
2. By employing children under 16 years of age who years of age; in
are not the children or descendants of the offender in exploitation of
exhibitions of acrobat, gymnast, ropewalker, diver, or minors, he must be
wild-animal tamer, the offender being an acrobat, under 16 years of
etc., or circus manager or person engaged in a similar age.
calling.
EXAMPLE:
3. By employing any descendant under 12 years of
age in dangerous exhibitions enumerated in the next  Circumstance qualifying the offense.
preceding paragraph, the offender being engaged in If the delivery of the child to any person
any of the said callings. following any of the callings of acrobat,
gymnast, rope-walker, diver, wild-animal
4. By delivering a child under 16 years of age tamer or circus manager or to any habitual
gratuitously to any person following any of the vagrant or beggar is made in consideration
callings enumerated in paragraph 2, or to any habitual of any price, compensation or promise, the
vagrant or beggar, the offender being an ascendant, penalty is higher.
guardian, teacher or person entrusted in any capacity
with the care of such child. Article 279 . Additional penalties for other
offenses. — The imposition of the penalties
5. By inducing any child under 16 years of age to prescribed in the preceding articles, shall not prevent
abandon the home of its ascendants, guardians, the imposition upon the same person of the penalty
curators or teachers to follow any person engaged in provided for any other felonies denned and punished
any of the callings mentioned in paragraph 2 or to by this Code.
accompany any habitual vagrant or beggar, the
offender being any person. Section Two. – Trespass to dwelling

Exploitation of minors (Art. 278, par. 5) Art. 280. Qualified trespass to dwelling. – Any
distinguished from inducing a minor to abandon private person who shall enter the dwelling of another
his home (Art. 271). against the latter’s will shall be punished by arresto
mayor and a fine not exceeding Two hundred
(1) If the purpose of thousand pesos (₱200,000).
inducing the minor
to abandon the If the offense be committed by means of violence or
home is to follow intimidation, the penalty shall be prisión correccional
any person engaged in its medium and maximum periods and a fine not
in any of the exceeding Two hundred thousand pesos (₱200,000).
callings of being an
The provisions of this article shall not be applicable
acrobat, gymnast,
to any person who shall enter another’s dwelling for
rope-walker, diver,
the purpose of preventing some serious harm to
wild-animal tamer
himself, the occupants of the dwelling or a third
or circus manager
person, nor shall it be applicable to any person who
or to accompany
shall enter a dwelling for the purpose of rendering
any habitual
some service to humanity or justice, nor to anyone
vagrant or beggar
who shall enter cafes, taverns, inns and other public
(Art. 278, par. 5), it
houses, while the same are open. (As amended by
is exploitation of
R.A. 10951)
minors; if there is
no such purpose, it
ELEMENTS OF TRESPASS TO DWELLING:
(280)
1) That the offender is a private person.
2) That he enters the dwelling of another.
3) That such entrance is against the latter’s
will.
Notes:
1) Qualifying circumstance: if the offense is
committed by means of violence or
intimidation, the penalty is higher
2) There must be an opposition to the entry of
the accused
3) Implied prohibition is present considering
the situation – late at night and everyone’s
asleep or entrance was made through the
window
4) Prohibition is not necessary when violence
or intimidation is employed by the offender
5) When there is no overt act of the crime
intended to be committed, this is the crime
6) May be committed even by the owner (as
against the actual occupant)
7) Not applicable to:
1. Entrance is for the purpose of
preventing harm to himself, the
occupants or a third person
2. Purpose is to render some service to
humanity or justice
3. Place is a café, tavern etc while
open
Art. 281. Other forms of trespass. – The penalty of
arresto menor or a fine not exceeding Forty thousand
pesos (₱40,000), or both, shall be imposed upon any
person who shall enter the closed premises or the
fenced estate of another, while either or both of them
are uninhabited, if the prohibition to enter be manifest
and the trespasser has not secured the permission of
the owner or the caretaker thereof. (As amended by
R.A. 10951)
ELEMENTS OF OTHER FORMS OF
TRESPASS: (281)
1) That the offender enters the closed premises
or the fenced estate of another.
2) That the entrance is made while either of
them is uninhabited.
3) That the prohibition to enter be manifest.
4) That the trespasser has not secured the
permission of the owner or the caretaker
thereof.
Section Three. – Threats and Coercion
Art. 282. Grave threats. – Any person who shall
threaten another with the infliction upon the person,
honor or property of the latter or of his family of any
wrong amounting to a crime, shall suffer:
1. The penalty next lower in degree
than that prescribed by law for the
crime he threatened to commit, if
the offender shall have made the
threat demanding money or
imposing any other condition, even
though not unlawful, and said
offender shall have attained his
purpose. If the offender shall not
have attained his purpose, the
penalty lower by two (2) degrees
shall be imposed.
If the threat be made in writing or through a
middleman, the penalty shall be imposed in its
maximum period.
2. The penalty of arresto mayor and a
fine not exceeding One hundred
thousand pesos (₱100,000), if the
threat shall not have been made
subject to a condition. (As amended
by R.A. 10951)
Article 283. Light threats. – Any threat to commit a
wrong not constituting a crime, made in the manner
expressed in subdivision 1 of the next preceding
article, shall be punished by arresto mayor.
Article 284. Bond for good behavior. – In all cases
falling within the two next preceding articles, the
person making the threats may also be required to
give bail not to molest the person threatened, or if he
shall fail to give such bail, he shall be sentenced to
destierro.
Art. 285. Other light threats. – The penalty of
arresto menor in its minimum period or a fine not
exceeding Forty thousand pesos (₱40,000) shall be
imposed upon:
1. Any person who, without being
included in the provisions of the
 next preceding article, shall
threaten another with a weapon, or
draw such weapon in a quarrel,
unless it be in lawful self-defense.
2. Any person who, in the heat of
anger, shall orally threaten another
with some harm not constituting a
crime, and who by subsequent acts
shows that he did not persist in the
idea involved in his threat:
Provided, That the circumstances of
the offense shall not bring it within
the provisions of Article 282 of this
Code.
3. Any person who shall orally
threaten to do another any harm not
constituting a felony. (As amended
by R.A. 10951)
Art. 286. Grave coercions. – The penalty of prisión
correccional and a fine not exceeding One hundred
thousand pesos (₱100,000) shall be imposed upon
any person who, without any authority of law, shall,
by means of violence, threats, or intimidation,
prevent another from doing something not prohibited
by law, or compel him to do something against his
will, whether it be right or wrong.
If the coercion be committed in violation of the
exercise of the right of suffrage, or for the purpose of
compelling another to perform any religious act, or to
prevent him from exercising such right or from so
doing such act, the penalty next higher in degree shall
be imposed. (As amended by R.A. 10951)
Art. 287. Light coercions. – Any person who, by
means of violence, shall seize anything belonging to
his debtor for the purpose of applying the same to the
payment of the debt, shall suffer the penalty of arresto
mayor in its minimum period and a fine equivalent to
the value of the thing, but in no case less than Fifteen
thousand pesos (₱15,000).
Any other coercions or unjust vexations shall be
punished by arresto menor or a fine ranging from One
thousand pesos (₱1,000) to not more than Forty
thousand pesos (₱40,000), or both. (As amended by
R.A. 10951)
Art. 288. Other similar coercions; (Compulsory
purchase of merchandise and payment of wages
by means of tokens. – The penalty of arresto mayor
or a fine ranging from Forty thousand pesos
(₱40,000) to One hundred thousand pesos
(₱100,000), or both, shall be imposed upon any
person, agent or officer of any association or
corporation who shall force or compel, directly or
indirectly, or shall knowingly permit any laborer or
employee employed by him or by such firm or
corporation to be forced or compelled, to purchase
merchandise or commodities of any kind.
The same penalties shall be imposed upon any person
who shall pay the wages due a laborer or employee
employed by him, by means of tokens or objects
other than the legal tender currency of the
Philippines, unless expressly requested by the laborer
or employee. (As amended by R.A. 10951)
Art. 289. Formation, maintenance and prohibition
of combination of capital or labor through
violence or threats. – The penalty of arresto mayor
and a fine not exceeding Sixty thousand pesos
(₱60,000) shall be imposed upon any person who, for
the purpose of organizing, maintaining or preventing
coalitions of capital or labor, strike of laborers or
lock-out of employers, shall employ violence or
threats in such a degree as to compel or force the
laborers or employees in the free and legal exercise of
their industry or work, if the act shall not constitute a
more serious offense in accordance with the
provisions of this Code. (As amended by R.A. 10951)
Chapter Three: Discovery and Revelation of Secrets
Art. 290. Discovering secrets through seizure of
correspondence. – The penalty of prisión
correccional in its minimum and medium periods and
a fine not exceeding One hundred thousand pesos
(₱100,000) shall be imposed upon any private
individual who in order to discover the secrets of
another, shall seize his papers or letters and reveal the
contents thereof.
If the offender shall not reveal such secrets, the
penalty shall be arresto mayor and a fine not
exceeding One hundred thousand pesos (₱100,000).
This provision shall not be applicable to parents,
guardians, or person entrusted with the custody of
minors with respect to the papers or letters of the
children or minors placed under their care or custody,
nor to spouses with respect to the papers or letters of
either of them. (As amended by R.A. 10951)
Art. 291. Revealing secrets with abuse of office. –
The penalty of arresto mayor and a fine not exceeding
One hundred thousand pesos (₱100,000) shall be
imposed upon any manager, employee or servant
who, in such capacity, shall learn the secrets of his
principal or master and shall reveal such secrets. (As
amended by R.A. 10951)
Art. 292. Revelation of industrial secrets. – The
penalty of prisión correccional in its minimum and
medium periods and a fine not exceeding One
hundred thousand pesos (₱100,000) shall be imposed
upon the person in charge, employee or workman of
any manufacturing or industrial establishment who, to
the prejudice of the owner thereof, shall reveal the
secrets of the industry of the latter. (As amended by
R.A. 10951)
Title 10 – Crimes Against Property, Book Two,
Revised Penal Code
Article 293. Who are guilty of robbery. – Any
person who, with intent to gain, shall take any
personal property belonging to another, by means of
violence or intimidation of any person, or using force
upon anything shall be guilty of robbery.
ELEMENTS OF ROBBERY IN GENERAL: (293)
1) That there be personal property belonging to
another.
2) That there is unlawful taking of that
property.
3) That the taking must be with intent to gain,
and
4) That there is violence against or intimidation
of any person, or force upon anything.
Notes:
1) Belonging to another – person from whom
property was taken need not be the owner,
legal possession is sufficient
2) Name of the real owner is not essential so
long as the personal property taken does not
belong to the accused except if crime is
robbery with homicide
3) Taking of personal property – must be
unlawful; if given in trust – estafa
4) As to robbery with violence or
intimidation – from the moment the
offender gains possession of the thing even
if offender has had no opportunity to dispose
of the same, the unlawful taking is complete
5) As to robbery with force upon things –
thing must be taken out of the building
6) Intent to gain – presumed from unlawful
taking
7) Taking must not be under the claim of title
or ownership
8) When there’s no intent to gain but there is
violence in the taking – grave coercion
9) Violence or intimidation must be against the
person of the offended party, not upon the
thing
10) General rule: violence or intimidation must
be present before the “taking” is complete
11) Except: when violence results in –
homicide, rape, intentional mutilation or any
of the serious physical injuries in par 1 and 2
of art 263, the taking of the property is
robbery complexed with any of these crimes
under art 294, even if taking is already
complete when violence was used by the
offender
12) Use of force upon things – entrance to the
building by means described in arts 299 and
302 (offender must enter)
13) When both violence or intimidation and
force upon things concur – it is robbery with
violence
Article 294. Robbery with violence against or
intimidation of persons; Penalties. – Any person
guilty of robbery with the use of violence against or
intimidation of any person shall suffer:
1. The penalty of reclusion perpetua
to death, when by reason or on
occasion of the robbery, the crime
of homicide shall have been
committeed.
2. The penalty of reclusion temporal
in its medium period to reclusion
perpetua when the robbery shall
have been accompanied by rape or
intentional mutilation, or if by
reason or on occasion of such
robbery, any of the physical injuries
penalized in subdivision 1 of
Article 263 shall have been
inflicted; Provided, however, that
when the robbery accompanied
with rape is committed with a use
of a deadly weapon or by two or
more persons, the penalty shall be
reclusion perpetua to death (As
amended by PD No. 767).
3. The penalty of reclusion temporal,
when by reason or on occasion of
the robbery, any of the physical
injuries penalized in subdivision 2
 of the article mentioned in the next
preceding paragraph, shall have
been inflicted.
4. The penalty of prision mayor in its
maximum period to reclusion
temporal in its medium period, if
the violence or intimidation
employed in the commission of the
robbery shall have been carried to a
degree clearly unnecessary for the
commission of the crime, or when
the course of its execution, the
offender shall have inflicted upon
any person not responsible for its
commission any of the physical
injuries covered by sub-divisions 3
and 4 of said Article 23.
5. The penalty of prision correccional
in its maximum period to prision
mayor in its medium period in other
cases. (As amended by R. A. 18).
ELEMENTS OF ROBBERY WITH VIOLENCE
AGAINST OR INTIMIDATION OF PERSON:
(294)
Acts punished as robbery with violence against or
intimidation of persons
By reason or on occasion of the robbery, the
following are committed:
1) Homicide
2) Robbery accompanied with rape or
intentional mutilation, SPI – insane,
imbecile, impotent or blind
3) SPI – lost the use of speech, hear, smell, eye,
hand, foot, arm, leg, use of any such
member, incapacitated for work habitually
engaged in
4) Violence/intimidation shall have been
carried to a degree clearly unnecessary for
the crime or when in the cause of its
execution – SPI/deformity, or shall have lost
any part of the body or the use thereof or
shall have been ill or incapacitated for the
performance of the work for > 90 days; > 30
days
5) Any kind of robbery with less serious
physical injuries or slight physical injuries
Article 295. Robbery with physical injuries,
committed in an uninhabited place and by a band,
or with the use of firearm on a street, road or alley.
– If the offenses mentioned in subdivisions three,
four, and five of the next preceding article shall have
been committed in an uninhabited place or by a band,
or by attacking a moving train, street car, motor
vehicle or airship, or by entering the passenger’s
compartments in a train or, in any manner, taking the
passengers thereof by surprise in the respective
conveyances, or on a street, road, highway, or alley,
and the intimidation is made with the use of a
firearm, the offender shall be punished by the
maximum period of the proper penalties.
In the same cases, the penalty next higher in degree
shall be imposed upon the leader of the band.
QUALIFIED ROBBERY WITH VIOLENCE OR
INTIMIDATION (295)
Notes:
1) Must be alleged in the information
2) Can’t be offset by generic mitigating
3) Art 295 will not apply to: robbery w/
homicide, rape or SPI under par 1 of art 263
Article 296. Definition of a band and penalty
incurred by the members thereof. – When more
than three armed malefactors take part in the
commission of a robbery, it shall be deemed to have
been committed by a band. When any of the arms
used in the commission of the offense be an
unlicensed firearm, the penalty to be imposed upon
all the malefactors shall be the maximum of the
corresponding penalty provided by law, without
prejudice of the criminal liability for illegal
possession of such unlicensed firearms.
Any member of a band who is present at the
commission of a robbery by the band, shall be
punished as principal of any of the assaults
committed by the band, unless it be shown that he
attempted to prevent the same.
ROBBERY BY A band: (296)
Notes:
1) More than 3 armed malefactors
2) Liability for the acts of the other members of
the band
3) Conspiracy to commit robbery with
homicide – even if less than 4 armed men
4) Conspiracy to commit robbery only but
homicide was committed also on the
 occasion thereof – all members of the band 1. Through an opening not
are liable for robbery with homicide intended for entrance or
egress.
5) Conspiracy is presumed when 4 or more
armed persons committed robbery 2. By breaking any wall,
roof, or floor or
6) Unless the others attempted to prevent the
breaking any door or
assault – guilty of robbery by band only
window.
1. He was a member of the band
3. By using false keys,
2. He was present at the commission picklocks or similar
of a robbery by that band tools.

3. Other members of the band 4. By using any fictitious

committed an assault
4. He did not attempt to prevent the
assault
Article 297. Attempted and frustrated robbery
committed under certain circumstances. – When
by reason or on occasion of an attempted or frustrated
robbery a homicide is committed, the person guilty of
such offenses shall be punished by reclusion temporal
in its maximum period to reclusion perpetua, unless
the homicide committed shall deserve a higher
penalty under the provisions of this Code.
ATTEMPTED OR FRUSTRATED ROBBERY
WITH HOMICIDE: (297)
Notes:
1) Whether robbery is attempted or frustrated,
penalty is the same
2) Where offense committed is attempted or
frustrated robbery with serious physical
injuries – article 48 is applicable
Article 298. Execution of deeds by means of
violence or intimidation. – Any person who, with
intent to defraud another, by means of violence or
intimidation, shall compel him to sign, execute or
deliver any public instrument or documents, shall be
held guilty of robbery and punished by the penalties
respectively prescribed in this Chapter.
Art. 299. Robbery in an inhabited house or public
building or edifice devoted to worship. – Any
armed person who shall commit robbery in an
Inhabited house or public building or edifice devoted
to religious worship, shall be punished by reclusion
temporal, if the value of the property taken shall
exceed Fifty thousand pesos (₱50,000), and if—
(a) The malefactors shall enter the
house or building in which the
robbery was committed, by any of
the following means:
name or pretending the
exercise of public
authority.
Or if—
(b) The robbery be committed under
any of the following circumstances:
1. By the breaking of
doors, wardrobes,
chests, or any other kind
of locked or sealed
furniture or receptacle.
2. By taking such furniture
or objects away to be
broken or forced upon
outside the place of the
robbery.
When the offenders do not carry arms, and the value
of the property taken exceeds Fifty thousand pesos
(₱50,000), the penalty next lower in degree shall be
imposed.
The same rule shall be applied when the offenders are
armed, but the value of the property taken does not
exceed Fifty thousand pesos (₱50,000).
When said offenders do not carry arms and the value
of the property taken does not exceed Fifty thousand
pesos (₱50,000), they shall suffer the penalty
prescribed in the two (2) next preceding paragraphs,
in its minimum period.
If the robbery be committed in one of the
dependencies of an inhabited house, public building,
or building dedicated to religious worship, the
penalties next lower in degree than those prescribed
in this article shall be imposed. (As amended by R.A.
10951)
Article 300. Robbery in an uninhabited place and
by a band. – The robbery mentioned in the next
preceding article, if committed in an uninhabited
place and by a band, shall be punished by the
maximum period of the penalty provided therefor.
Article 301. What is an inhabited house, public
building or building dedicated to religious worship
and their dependencies. – Inhabited house means
any shelter, ship or vessel constituting the dwelling of
one or more persons, even though the inhabitants
thereof shall temporarily be absent therefrom when
the robbery is committed.
All interior courts, corrals, waterhouses, granaries,
barns, coach-houses, stables or other departments or
inclosed places contiguous to the building or edifice,
having an interior entrance connected therewith, and
which form part of the whole, shall be deemed
dependencies of an inhabited house, public building
or building dedicated to religious worship.
Orchards and other lands used for cultivation or
production are not included in the terms of the next
preceding paragraph, even if closed, contiguous to the
building and having direct connection therewith.
The term “public building” includes every building
owned by the Government or belonging to a private
person not included used or rented by the
Government, although temporarily unoccupied by the
same.
Art. 302. Robbery in an uninhabited place or in a
private building. – Any robbery committed in an
uninhabited place or in a building other than those
mentioned in the first paragraph of Article 299, if the
value of the property taken exceeds Fifty thousand
pesos (₱50,000), shall be punished by prisión
correccional in its medium and maximum periods
provided that any of the following circumstances is
present:
1. If the entrance has been effected
through any opening not intended
for entrance or egress.
2. If any wall, roof, floor or outside
door or window has been broken.
3. If the entrance has been effected
through the use of false keys,
picklocks or other similar tools.
4. If any door, wardrobe, chest, or any
sealed or closed furniture or
receptacle has been broken.
5. If any closed or sealed receptacle,
as mentioned in the preceding
paragraph, has been removed, even
if the same be broken open
elsewhere.
When the value of the property taken does not exceed
Fifty thousand pesos (₱50,000), the penalty next
lower in degree shall be imposed.
In the cases specified in Articles 294, 295, 297, 299,
300, and 302 of this Code, when the property taken is
mail matter or large cattle, the offender shall suffer
the penalties next higher in degree than those
provided in said articles. (As amended by R.A.
10951)
Article 303. Robbery of cereals, fruits, or firewood
in an uninhabited place or private building. – In
the cases enumerated in Articles 299 and 302, when
the robbery consists in the taking of cereals, fruits, or
firewood, the culprit shall suffer the penalty next
lower in degree than that prescribed in said articles.
Article 304. Possession of picklocks or similar tools.
– Any person who shall without lawful cause have in
his possession picklocks or similar tools especially
adopted to the commission of the crime of robbery,
shall be punished by arresto mayor in its maximum
period to prision correccional in its minimum period.
The same penalty shall be imposed upon any person
who shall make such tools. If the offender be a
locksmith, he shall suffer the penalty of prision
correccional in its medium and maximum periods.
Article 304. Possession of picklocks or similar
tools. – Any person who shall without lawful cause
have in his possession picklocks or similar tools
especially adopted to the commission of the crime of
robbery, shall be punished by arresto mayor in its
maximum period to prision correccional in its
minimum period.
The same penalty shall be imposed upon any person
who shall make such tools. If the offender be a
locksmith, he shall suffer the penalty of prision
correccional in its medium and maximum periods.
Article 305. False keys. – The term “false keys”
shall be deemed to include:
1. The tools mentioned in the next
preceding articles.
2. Genuine keys stolen from the
owner.
3. Any keys other than those intended
by the owner for use in the lock
forcibly opened by the offender.
Chapter Two: Brigandage
NB: Brigandage under the RPC has been superseded
by P.D. 532, a.k.a. the Anti-Highway Robbery Law of
1974.
Chapter Three: Theft
Article 308. Who are liable for theft. – Theft is
committed by any person who, with intent to gain but
without violence against or intimidation of persons
nor force upon things, shall take personal property of
another without the latter’s consent.
Theft is likewise committed by:
1. Any person who, having found lost
property, shall fail to deliver the
same to the local authorities or to
its owner;
2. Any person who, after having
maliciously damaged the property
of another, shall remove or make
use of the fruits or object of the
damage caused by him; and
3. Any person who shall enter an
inclosed estate or a field where
trespass is forbidden or which
belongs to another and without the
consent of its owner, shall hunt or
fish upon the same or shall gather
cereals, or other forest or farm
products.
ELEMENTS OF THEFT: (308)
1) That there be taking of personal property.
2) That said property belongs to another.
3) That the taking be done with intent to gain.
4) That the taking be done without the consent
of the owner.
5) That the taking be accomplished without the
use of violence against or intimidation of
persons or force upon things.
Art. 309. Penalties. – Any person guilty of theft
shall be punished by:
1. The penalty of prisión mayor in its
minimum and medium periods, if
the value of the thing stolen is more
than One million two hundred
thousand pesos (₱1,200,000) but
does not exceed Two million two
hundred thousand pesos
(₱2,200,000); but if the value of the
thing stolen exceeds the latter
amount, the penalty shall be the
maximum period of the one
prescribed in this paragraph, and
one (1) year for each additional
One million pesos (₱1,000,000),
but the total of the penalty which
may be imposed shall not exceed
twenty (20) years. In such cases,
and in connection with the
accessory penalties which may be
imposed and for the purpose of the
other provisions of this Code, the
penalty shall be termed prisión
mayor or reclusion temporal, as the
case may be.
2. The penalty of prisión correccional
in its medium and maximum
periods, if the value of the thing
stolen is more than Six hundred
thousand pesos (₱600,000) but does
not exceed One million two
hundred thousand pesos
(₱1,200,000).
3. The penalty of prisión correccional
in its minimum and medium
periods, if the value of the property
stolen is more than Twenty
thousand pesos (₱20,000) but does
not exceed Six hundred thousand
pesos (₱600,000).
4. Arresto mayor in its medium period
to prisión correccional in its
minimum period, if the value of the
property stolen Is over Five
thousand pesos (₱5,000) but does
not exceed Twenty thousand pesos
(₱20,000).
5. Arresto mayor to its full extent, if
such value is over Five hundred
pesos (₱500) but does not exceed
Five thousand pesos (₱5,000).
6. Arresto mayor in its minimum and
medium periods, if such value does
not exceed Five hundred pesos
(₱500).
7. Arresto menor or a fine not
exceeding Twenty thousand pesos
 (₱20,000), if the theft is committed
under the circumstances
enumerated in paragraph 3 of the
next preceding article and the value
of the thing stolen does not exceed
Five hundred pesos (₱500). If such
value exceeds said amount, the
provisions of any of the five
preceding subdivisions shall be
made applicable.
8. Arresto menor in its minimum
period or a fine of not exceeding
Five thousand pesos (₱5,000),
when the value of the thing stolen
is not over Five hundred pesos
(₱500), and the offender shall have
acted under the impulse of hunger,
poverty, or the difficulty of earning
a livelihood for the support of
himself or his family. (As amended
by R.A. 10951)
Article 310. Qualified theft. – The crime of theft
shall be punished by the penalties next higher by two
degrees than those respectively specified in the next
preceding article, If committed by a domestic servant,
or with grave abuse of confidence, or if the property
stolen is motor vehicle, mail matter or large cattle or
consists of coconuts taken from the premises of the
plantation or fish taken from a fishpond or fishery, or
if property is taken on the occasion of fire,
earthquake, typhoon, volcanic erruption, or any other
calamity, vehicular accident or civil disturbance. (As
amended by R.A. 120 and B.P. Blg. 71. May 1,
1980).
ELEMENTS OF QUALIFIED THEFT: (310)
1) Committed by domestic servant, or
2) With grave abuse of confidence, or
3) Property stolen is:
4) Motor vehicle
5) Mail matter
6) Large cattle
7) Coconut from plantation
8) Fish from fishpond or fishery, or
9) On occasion of calamities and civil
disturbance.
Notes:
1) “grave abuse” – high degree of confidence
e.g. guests
2) No confidence, not qualified theft
3) Theft – material possession’ estafa –
juridical possession
4) Qualified: if done by one who has access to
place where stolen property is kept e.g.,
guards, tellers
5) Novation theory applies only if there’s a
relation
6) Industrial partner is not liable for QT
(estafa)
7) When accused considered the deed of sale as
sham (modus) and he had intent to gain, his
absconding is QT
8) See carnapping law: RA 6539
9) Motor vehicle in kabit system sold to
another-theft. Motor vehicle not used as PU
in kabit system but under K of lease-estafa
10) mail matter – private mail to be QT, Not
postmaster – Art. 226
11) theft of large cattle
Art. 311. Theft of the property of the National
Library and National Museum.— If the property
stolen be any property of the National Museum, the
penalty shall be arresto mayor or a fine ranging from
Forty thousand pesos (₱40,000) to One hundred
thousand pesos (₱100,000), or both, unless a higher
penalty should be provided under other provisions of
this Code, in which case, the offender shall be
punished by such higher penalty. (As amended by
R.A. 10951)
Chapter Four: Usurpation
Art. 312. Occupation of real property or
usurpation of real rights in property. – Any person
who, by means of violence against or intimidation of
persons, shall take possession of any real property or
shall usurp any real rights in property belonging to
another, in addition to the penalty incurred for the
acts of violence executed by him, shall be punished
by a fine from fifty (50) to one hundred (100) per
centum of the gain which he shall have obtained, but
not less than Fifteen thousand pesos (₱15,000).
If the value of the gain cannot be ascertained, a fine
from Forty thousand pesos (₱40,000) to One hundred
thousand pesos (₱100,000) shall be imposed. (As 1. With unfaithfulness or abuse of
amended by R.A. 10951) confidence, namely:

Art. 313. Altering boundaries or landmarks. – Any (a) Altering the substance,
person who shall alter the boundary marks or quantity, or quality of
monuments of towns, provinces, or estates, or any anything of value which
other marks intended to designate the boundaries of the offender shall
the same, shall be punished by arresto menor or a fine deliver by virtue of an
not exceeding Twenty thousand pesos (₱20,000), or obligation to do so, even
both. (As amended by R.A. 10951) though such obligation
be based on an immoral
Chapter Five: Culpable Insolvency
or illegal consideration.
Article 314. Fraudulent insolvency. – Any person
(b) By misappropriating or
who shall abscond with his property to the prejudice
converting, to the
of his creditors, shall suffer the penalty of prision
prejudice of another,
mayor, if he be a merchant and the penalty of prision
money, goods, or any
correccional in its maximum period to prision mayor
other personal property
in its medium period, if he be not a merchant.
received by the offender
Chapter Six: Swindling and Other Deceits in trust or on
commission, or for
Art. 315. Swindling (estafa). – Any person who shall administration, or under
defraud another by any of the means mentioned any other obligation
hereinbelow shall be punished by: involving the duty to
make delivery of or to
1st. The penalty of prisión correccional in its
return the same, even
maximum period to prisión mayor in its minimum
though such obligation
period, if the amount of the fraud is over Two million
be totally or partially
four hundred thousand pesos (₱2,400,000) but does
guaranteed by a bond; or
not exceed Four million four hundred thousand pesos
by denying having
(₱4,400,000), and if such amount exceeds the latter
received such money,
sum, the penalty provided in this paragraph shall be
goods, or other property.
imposed in its maximum period, adding one year for
each additional Two million pesos (₱2,000,000); but
the total penalty which may be imposed shall not
exceed twenty years. In such cases, and in connection (c) By taking undue
with the accessory penalties which may be imposed advantage of the
and for the purpose of the other provisions of this signature of the
Code, the penalty shall be termed prisión mayor or offended party in blank,
reclusion temporal, as the case may be. and by writing any
document above such
2nd. The penalty of prisión correccional in its signature in blank, to the
minimum and medium periods, if the amount of the prejudice of the
fraud is over One million two hundred thousand offended party or any
pesos (₱1,200,000) but does not exceed Two million third person.
four hundred thousand pesos (₱2,400,000).
2. By means of any of the following
3rd. The penalty of arresto mayor in its maximum false pretenses or fraudulent acts
period to prisión correccional in its minimum period, executed prior to or simultaneously
if such amount is over Forty thousand pesos with the commission of the fraud:
(₱40,000) but does not exceed One million two
hundred thousand pesos (₱1,200,000). (a) By using fictitious
name, or falsely
4th. By arresto mayor in its medium and maximum pretending to possess
periods, if such amount does not exceed Forty power, influence,
thousand pesos (₱40,000): Provided, That in the four qualifications, property,
cases mentioned, the fraud be committed by any of credit, agency, business
the following means:
 or imaginary
transactions, or by
means of other similar
deceits.
(b) By altering the quality,
fineness or weight of
anything pertaining to
his art or business.
(c) By pretending to have
bribed any Government
employee, without
prejudice to the action
for calumny which the
offended party may
deem proper to bring
against the offender. In
this case, the offender
shall be punished by the
maximum period of the
penalty.
(d) By postdating a check,
or issuing a check in
payment of an
obligation when the
offender had no funds in
the bank, or his funds
deposited therein were
not sufficient to cover
the amount of the check.
The failure of the
drawer of the check to
deposit the amount
necessary to cover his
check within three (3)
clays from receipt of
notice from the bank
and/or the payee or
holder that said check
has been dishonored for
lack or insufficiency of
funds shall be prime
facie evidence of deceit
constituting false
pretense or fraudulent
act.
1) Any person who shall defraud another by
means of false pretenses or fraudulent acts
as defined in paragraph 2(d) hereof shall be
punished by: Article 316. Other forms of swindling. – The
penalty of arresto mayor in its minimum and medium
2) 1st. The penalty of reclusion temporal in its
period and a fine of not less than the value of the
maximum period, if the amount of fraud is
over Four million four hundred thousand
pesos (₱4,400,000) but does not exceed
Eight million eight hundred thousand pesos
(₱8,800,000). If the amount exceeds the
latter, the penalty shall be reclusion
perpetua.
3) 2nd. The penalty of reclusion temporal in its
minimum and medium periods, if the
amount of the fraud is over Two million four
hundred thousand pesos (₱2,400,000) but
does not exceed Four million four hundred
thousand pesos (₱4,400,000).
4) 3rd. The penalty of prisión mayor in its
maximum period, if the amount of the fraud
is over One million two hundred thousand
pesos (₱1,200,000) but does not exceed Two
million four hundred thousand pesos
(₱2,400,000).
5) 4th. The penalty of prisión mayor in its
medium period, if such amount is over Forty
thousand pesos (₱40,000) but does not
exceed One million two hundred thousand
pesos (₱1,200,000).
6) 5th. By prisión mayor in its minimum
period, if such amount does not exceed Forty
thousand pesos (₱40,000).
3. Through any of the following
fraudulent means:
(a) By inducing another, by
means of deceit, to sign
any document.
(b) By resorting to some
fraudulent practice to
insure success in a
gambling game.
(c) By removing,
concealing or
destroying, in whole or
in part, any court record,
office files, document or
any other papers. (As
amended by R.A.
10951)
damage caused and not more than three times such
value, shall be imposed upon:
1. Any person who, pretending to be
owner of any real property, shall
convey, sell, encumber or mortgage
the same.
2. Any person, who, knowing that real
property is encumbered, shall
dispose of the same, although such
encumbrance be not recorded.
3. The owner of any personal property
who shall wrongfully take it from
its lawful possessor, to the
prejudice of the latter or any third
person.
4. Any person who, to the prejudice of
another, shall execute any fictitious
contract.
5. Any person who shall accept any
compensation given him under the
belief that it was in payment of
services rendered or labor
performed by him, when in fact he
did not actually perform such
services or labor.
6. Any person who, while being a
surety in a bond given in a criminal
or civil action, without express
authority from the court or before
the cancellation of his bond or
before being relieved from the
obligation contracted by him, shall
sell, mortgage, or, in any other
manner, encumber the real property
or properties with which he
guaranteed the fulfillment of such
obligation.
Article 317. Swindling a minor. – Any person who
taking advantage of the inexperience or emotions or
feelings of a minor, to his detriment, shall induce him
to assume any obligation or to give any release or
execute a transfer of any property right in
consideration of some loan of money, credit or other
personal property, whether the loan clearly appears in
the document or is shown in any other form, shall
suffer the penalty of arresto mayor and a fine of a
sum ranging from 10 to 50 per cent of the value of
the obligation contracted by the minor.
Art. 318. Other deceits. – The penalty of arresto
mayor and a fine of not less than the amount of the
damage caused and not more than twice such amount
shall be imposed upon any person who shall defraud
or damage another by any other deceit not mentioned
in the preceding articles of this Chapter.
Any person who, for profit or gain, shall interpret
dreams, make forecasts, tell fortunes, or take
advantage of the credulity of the public in any other
similar manner, shall suffer the penalty of arresto
mayor or a fine not exceeding Forty thousand pesos
(₱40,000). (As amended by R.A. 10951)
Chapter Seven: Chattel Mortgage
Article 319. Removal, sale or pledge of mortgaged
property. – The penalty or arresto mayor or a fine
amounting to twice the value of the property shall be
imposed upon:
1. Any person who shall knowingly
remove any personal property
mortgaged under the Chattel
Mortgage Law to any province or
city other than the one in which it
was located at the time of the
execution of the mortgage, without
the written consent of the
mortgagee, or his executors,
administrators or assigns.
2. Any mortgagor who shall sell or
pledge personal property already
pledged, or any part thereof, under
the terms of the Chattel Mortgage
Law, without the consent of the
mortgagee written on the back of
the mortgage and noted on the
record hereof in the office of the
Register of Deeds of the province
where such property is located.
Chapter Eight: Arson and Other Crimes involving
Destructions
Art. 320. Destructive Arson. – The penalty of
reclusion perpetua to death shall be imposed upon
any person who shall burn:
1. One (1) or more buildings or
edifices, consequent to one single
act of burning, or as a result of
simultaneous burnings, committed
on several or different occasions.
2. Any building of public or private
ownership, devoted to the public in
general or where people usually
gather or congregate for a definite
purpose such as, but not limited to,
 official governmental function or
business, private transaction,
commerce, trade, workshop,
meetings and conferences, or
merely incidental to a definite
purpose such as but not limited to
hotels, motels, transient dwellings,
public conveyances or stops or
terminals, regardless of whether the
offender had knowledge that there
are persons in said building or
edifice at the time it is set on fire
and regardless also of whether the
building is actually inhabited or
not.
3. Any train or locomotive, ship or
vessel, airship or airplane, devoted
to transportation or conveyance, or
for public use, entertainment or
leisure.
4. Any building, factory, warehouse
installation and any appurtenances
thereto, which are devoted to the
service of public utilities.
5. Any building the burning of which
is for the purpose of concealing or
destroying evidence of another
violation of law, or for the purpose
of concealing bankruptcy or
defrauding creditors or to collect
from insurance.
Irrespective of the application of the above
enumerated qualifying circumstances, the penalty of
reclusion perpetua to death shall likewise be imposed
when the arson is perpetrated or committed by two
(2) or more persons or by a group of persons,
regardless of whether their purpose is merely to burn
or destroy the building or the burning merely
constitutes an overt act in the commission or another
violation of law.
The penalty of reclusion perpetua to death shall also
be imposed upon any person who shall burn:
1. Any arsenal, shipyard, storehouse
or military powder or fireworks
factory, ordnance, storehouse,
archives or general museum of the
Government.
2. In an inhabited place, any
storehouse or factory of
inflammable or explosive materials.
If as a consequence of the commission of any of the
acts penalized under this Article, death results, the
mandatory penalty of death shall be imposed. (as
amended by R.A. 7659)
ELEMENTS OF ARSONS OF PROPERTY OF
SMALL VALUES
1) That an uninhabited hut, storehouse, barn,
shed or any other property is burned
2) That the value of the property burned does
not exceed 25 pesos
3) That the burning was done at a time or under
circumstances which clearly exclude all
danger of the fire spreading
Article 321. Other forms of arson. – When the
arson consists in the burning of other property and
under the circumstances given hereunder, the
offender shall be punishable:
1. By reclusion temporal or reclusion
perpetua:
(a) If the offender shall set
fire to any building,
farmhouse, warehouse,
hut, shelter, or vessel in
port, knowing it to be
occupied at the time by
one or more persons;
(b) If the building burned is
a public building and
value of the damage
caused exceeds 6,000
pesos;
© If the building burned is a public building and the
purpose is to destroy evidence kept therein to be used
in instituting prosecution for the punishment of
violators of the law, irrespective of the amount of the
damage;
(c) If the building burned is
a public building and the
purpose is to destroy
evidence kept therein to
be used in legislative,
judicial or
administrative
proceedings,
irrespective of the
amount of the damage;
Provided, however, That
if the evidence
destroyed is to be used
 against the defendant for
the prosecution of any
crime punishable under
existing laws, the
penalty shall be
reclusion perpetua;
€ If the arson shall have been committed with the
intention of collecting under an insurance policy
against loss or damage by fire.
ELEMENTS OF CRIME INVOLVING
DESTRUCTION
1. That the offender causes
destruction of the property
2. That the destruction was done by
means of:
1) Explosion
2) Discharge of electric current
3) Inundation
4) Sinking or stranding of a vessel
5) Damaging the engine of the vessel
6) Taking up rails from the railway track
7) Destroying telegraph wires and posts or
those of any other system
8) Other similar effective means of destruction
C. ELEMENTS OF BURNING ONE’S
PROPERTY AS A MEANS TO COMMIT ARSON
1) That the offender set fire to or destroyed his
own property
2) That the purpose of the offender in doing so
was to commit arson or to cause a great
destruction
3) That the property belonging to another was
burned or destroyed
D. ELEMENTS OF ARSON
1) That the property burned is the exclusive
property of the offender
2) That (a) the purpose of the offender is
burning it is to defraud or cause damage to
another or (b) prejudice is actually caused,
or (c) the thing burned is a building in an
inhabited place
Article 322. Cases of arson not included in the
preceding articles. – Cases of arson not included in
the next preceding articles shall be punished:
1. By arresto mayor in its medium and
maximum periods, when the
damage caused does not exceed 50
pesos;
2. By arresto mayor in its maximum
period to prision correccional in its
minimum period, when the damage
caused is over 50 pesos but does
not exceed 200 pesos;
3. By prision correccional in its
minimum and medium periods, if
the damage caused is over 200
pesos but does not exceed 1,000
pesos; and
4. By prision correccional in its
medium and maximum periods, if it
is over 1,000 pesos.
Article 323. Arson of property of small value. –
The arson of any uninhabited hut, storehouse, barn,
shed, or any other property the value of which does
not exceed 25 pesos, committed at a time or under
circumstances which clearly exclude all danger of the
fire spreading, shall not be punished by the penalties
respectively prescribed in this chapter, but in
accordance with the damage caused and under the
provisions of the following chapter.
Article 324. Crimes involving destruction. – Any
person who shall cause destruction by means of
explosion, discharge of electric current, inundation,
sinking or stranding of a vessel, intentional damaging
of the engine of said vessel, taking up the rails from a
railway track, maliciously changing railway signals
for the safety of moving trains, destroying telegraph
wires and telegraph posts, or those of any other
system, and, in general, by using any other agency or
means of destruction as effective as those above
enumerated, shall be punished by reclusion temporal
if the commission has endangered the safety of any
person, otherwise, the penalty of prision mayor shall
be imposed.
Article 325. Burning one’s own property as means
to commit arson. – Any person guilty of arson or
causing great destruction of the property belonging to
another shall suffer the penalties prescribed in this
chapter, even though he shall have set fire to or
destroyed his own property for the purposes of
committing the crime.
Article 326. Setting fire to property exclusively
owned by the offender. – If the property burned shall
be the exclusive property of the offender, he shall be
punished by arresto mayor in its maximum period to
prision correccional in its minimum period, if the
arson shall have been committed for the purpose of
defrauding or causing damage to another, or prejudice
shall actually have been caused, or if the thing burned
shall have been a building in an inhabited place.
Article 326-A. In cases where death resulted as a
consequence of arson. – If death resulted as a
consequence of arson committed on any of the
properties and under any of the circumstances
mentioned in the preceding articles, the court shall
impose the death penalty.
Article 326-B. Prima facie evidence of arson. –
Any of the following circumstances shall constitute
prima facie evidence of arson:
The penalty of prision correccional shall be imposed
on one who plants the articles above-mentioned, in
order to secure a conviction, or as a means of
extortion or coercion. (As amended by R.A. 5467,
approved May 12, 1969).
Chapter Nine: Malicious Mischief
Article 327. Who are liable for malicious mischief. –
Any person who shall deliberately cause the property
of another any damage not falling within the terms of
the next preceding chapter shall be guilty of
malicious mischief.
ELEMENTS OF MALICIOUS MISCHIEF: (326)
1) That the offender deliberately caused
damage to the property of another.
2) That such act does not constitute arson or
other crimes involving destruction.

1. If after the fire, are found materials 3) That the act damaging another’s property be
or substances soaked in gasoline, committed merely for the sake of damaging
kerosene, petroleum, or other it.
inflammables, or any mechanical,
Notes:
electrical chemical or traces or any
of the foregoing. 1) Malicious mischief – willful damaging of
another’s property for the sake of causing
2. That substantial amount of
damage due to hate, revenge or other evil
inflammable substance or materials
motive
were stored within the building not
necessary in the course of the 2) No negligence
defendant’s business; and
3) Example. Killing the cow as revenge
3. That the fire started simultaneously
4) If no malice – only civil liability
in more than one part of the
building or locale under 5) Damage is also diminution in value
circumstances that cannot normally
be due to accidental or 6) But after damaging the thing, he used it =
unintentional causes: Provided, theft
however, That at least one of the
7) Damage is not incident of a crime (breaking
following is present in any of the
windows in robbery)
three above-mentioned
circumstances: Art. 328. Special cases of malicious mischief. – Any
person who shall cause damage to obstruct the
(a) That the total insurance
performance of public functions, or using any
carried on the building
poisonous or corrosive substance; or spreading any
and/or goods is more
infection or contagion among cattle; or who causes
than 80 per cent of the
damage to the property of the National Museum or
value of such building
National Library, or to any archive or registry,
and/or goods at the time
waterworks, road, promenade, or any other thing used
of the fire;
in common by the public, shall be punished:
(b) That the defendant after
1. By prisión correccional in its
the fire has presented a
minimum and medium periods, if
fraudulent claim for
the value of the damage caused
loss.
 exceeds Two hundred thousand
pesos (₱200,000);
2. Bv arresto mayor if such value does
not exceed the abovementioned
amount but is over Forty thousand
pesos (₱40,000); and
3. By arresto menor, if such value
does not exceed Forty thousand
pesos (₱40,000).
SPECIAL CASES OF MALICIOUS MISCHIEF:
(328)
1) Obstruct performance of public functions.
2) Using poisonous or corrosive substances.
3) Spreading infection or contagious among
cattle.
4) Damage to property of national museum or
library, archive, registry, waterworks, road,
promenade, or any other thing ised in
common by the public.
Note: Qualified malicious mischief – no uprising or
sedition (#1)
Art. 329. Other mischiefs. – The mischiefs not
included in the next preceding article shall be
punished:
1. By arresto mayor in its medium and
maximum periods, if the value of
the damage caused exceeds Two
hundred thousand pesos
(₱200,000);
2. By arresto mayor in its minimum
and medium periods, if such value
is over Forty thousand pesos
(₱40,000) but does not exceed Two
hundred thousand pesos
(₱200,000); and
3. By arresto menor or a fine of not
less than the value of the damage
caused and not more than Forty
thousand pesos (₱40,000), if the
amount involved does not exceed
Forty thousand pesos (₱40,000) or
cannot be estimated. (As amended
by R.A. 10951)
ELEMENTS OF OTHER MISCHIEF: (329)
1) Not included in 328
2) Scattering human excrement
3) Killing of cow as an act of revenge
Article 330. Damage and obstruction to means of
communication. – The penalty of prision
correccional in its medium and maximum periods
shall be imposed upon any person who shall damage
any railway, telegraph or telephone lines.
If the damage shall result in any derailment of cars,
collision or other accident, the penalty of prision
mayor shall be imposed, without prejudice to the
criminal liability of the offender for the other
consequences of his criminal act.
For the purpose of the provisions of the article, the
electric wires, traction cables, signal system and other
things pertaining to railways, shall be deemed to
constitute an integral part of a railway system.
ELEMENTS OF DAMAGE AND OBSTIVATION
TO MEANS OF COMMUNICATION: (330)
Notes:
1) Done by damaging railways, telegraph,
telephone lines, electric wires, traction
cables, signal system of railways
2) Removing rails from tracks is destruction
(art 324)
3) Not applicable when telegraph/phone lines
don’t pertain to railways (example: for
transmission of electric power/light)
4) People killed as a result:
5) Circumstance qualifying the offense if the
damage shall result in any derailment of
cars, collision or other accident – a higher
penalty shall be imposed
Art. 331. Destroying or damaging statues, public
monuments or paintings. – Any person who shall
destroy or damage statues or any other useful or
ornamental public monument, shall suffer the penalty
of arresto mayor in its medium period to prisión
correccional in its minimum period.
Any person who shall destroy or damage any useful
or ornamental painting of a public nature shall suffer
the penalty of arresto menor or a fine not exceeding
Forty thousand pesos (₱40,000), or both such fine
and imprisonment, in the discretion of the court. (As
amended by R.A. 10951)
Chapter Ten: Exemption from Criminal Liability
in Crimes Against Property
Article 332. Persons exempt from criminal
liability. – No criminal, but only civil liability, shall
result from the commission of the crime of theft,
swindling or malicious mischief committed or caused
mutually by the following persons:
1. Spouses, ascendants and
descendants, or relatives by affinity
in the same line.
2. The widowed spouse with respect
to the property which belonged to
the deceased spouse before the
same shall have passed into the
possession of another; and
3. Brothers and sisters and brothers-
in-law and sisters-in-law, if living
together.
The exemption established by this article shall not be
applicable to strangers participating in the
commission of the crime.
ELEMENTS OF EXEMPTION FROM
CRIMINAL LIABILITY IN CRIMES AGAINST
PROPERTY: (332)
Persons exempt from criminal liability:
1) Spouse, ascendants and descendants or
relatives by affinity in the same line
2) The widowed spouse with respect to the
property w/c belonged to the deceased
spouse before the same passed into the
possession of another
3) Brothers and sisters and brothers-in-law and
sisters-in-law, if living together
Offenses involved in the exemption:
1) Theft
2) Swindling
3) Malicious mischief
Notes:
1) Exemption is based on family relations
2) Parties to the crime not related to the
offended party still remains criminally liable
3) Persons exempt include:
4) Stepfather/mother (ascendants by affinity)
5) Adopted children (descendants)
6) Concubine/paramour (spouse)
7) Common law spouse (propert is part of their
earnings)
Title 11 – Crimes Against Chastity, Book Two,
Revised Penal Code
Chapter One: Adultery and Concubinage
Article 333. Who are guilty of adultery. – Adultery
is committed by any married woman who shall have
sexual intercourse with a man not her husband and by
the man who has carnal knowledge of her knowing
her to be married, even if the marriage be
subsequently declared void.
Adultery shall be punished by prision correccional in
its medium and maximum periods.
If the person guilty of adultery committed this offense
while being abandoned without justification by the
offended spouse, the penalty next lower in degree
than that provided in the next preceding paragraph
shall be imposed.
ELEMENTS OF ADULTERY: (333)
1) That the woman
is married (even
if marriage
subsequently
declared void)
2) That she has
sexual intercourse
with a man not
her husband.
3) That as regards
the man with
whom she has
sexual
intercourses, he
must know her to
be married.
Notes:
1) Mitigated if wife was abandoned without
justification by the offended spouse (man is
not entitled to this mitigating circumstance)
2) Attempted: caught disrobing a lover
Article 334. Concubinage. – Any husband who shall
keep a mistress in the conjugal dwelling, or shall
have sexual intercourse, under scandalous
circumstances, with a woman who is not his wife, or
shall cohabit with her in any other place, shall be
punished by prision correccional in its minimum and
medium periods.
The concubine shall suffer the penalty of destierro.
ELEMENTS OF CONCUBINAGE: (334)
1) That the man must be married.
2) That he committed any of the following acts:
3) Keeping a mistress in the conjugal dwelling.
4) Having sexual intercourse under scandalous
circumstances with a woman who is not his
wife.
5) Cohabiting with her in any other place.
6) That as regards the woman she must know
him to be married.
Note: “Scandal” consists in any reprehensible
word/deed that offends public conscience, redounds
to the detriment of the feelings of honest persons and
gives occasions to the neighbor’s spiritual damage
and ruin
Chapter Two: Rape and Acts of Lasciviousness
Article 335. When and how rape is committed. –
Rape is committed by having carnal knowledge of a
woman under any of the following circumstances:
1. By using force or intimidation;
2. When the woman is deprived of
reason or otherwise unconscious;
and
3. When the woman is under twelve
years of age, even though neither of
the circumstances mentioned in the
two next preceding paragraphs shall
be present.
The crime of rape shall be punished by reclusion
perpetua.
Whenever the crime of rape is committed with the
use of a deadly weapon or by two or more persons,
the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the
victim has become insane, the penalty shall be death.
When rape is attempted or frustrated and a homicide
is committed by reason or on the occasion thereof,
the penalty shall be likewise death.
When by reason or on the occasion of the rape, a
homicide is committed, the penalty shall be death.
(As amended by R.A. 2632, approved June 18, 1960,
and R.A. 4111, approved June 20, 1964).
Article 336. Acts of lasciviousness. – Any person
who shall commit any act of lasciviousness upon
other persons of either sex, under any of the
circumstances mentioned in the preceding article,
shall be punished by prision correccional.
Minors and the White Slave Trade
Article 337. Qualified seduction. – The seduction of
a virgin over twelve years and under eighteen years
of age, committed by any person in public authority,
priest, home-servant, domestic, guardian, teacher, or
any person who, in any capacity, shall be entrusted
with the education or custody of the woman seduced,
shall be punished by prision correccional in its
minimum and medium periods.
The penalty next higher In degree shall be imposed
upon any person who shall seduce his sister or
descendant, whether or not she be a virgin or over
eighteen years of age.
Under the provisions of this Chapter, seduction is
committed when the offender has carnal knowledge
of any of the persons and under the circumstances
described herein.
Article 338. Simple seduction. – The seduction of a
woman who is single or a widow of good reputation,
over twelve but under eighteen years of age,
committed by means of deceit, shall be punished by
arresto mayor.
Article 339. Acts of lasciviousness with the consent
of the offended party. – The penalty of arresto
mayor shall be imposed to punish any other acts of
lasciviousness committed by the same persons and
the same circumstances as those provided in Articles
337 and 338.
Article 340. Corruption of minors. – Any person
who shall promote or facilitate the prostitution or
corruption of persons underage to satisfy the lust of
another, shall be punished by prision mayor, and if
the culprit is a pubic officer or employee, including
those in government-owned or controlled
corporations, he shall also suffer the penalty of
temporary absolute disqualification. (As amended by
Batas Pambansa Blg. 92).
Article 341. White slave trade. – The penalty of
prision mayor in its medium and maximum period
shall be imposed upon any person who, in any
manner, or under any pretext, shall engage in the
business or shall profit by prostitution or shall enlist
the services of any other for the purpose of
prostitution (As amended by Batas Pambansa Blg.
186.)
Chapter Four: Abduction
Article 342. Forcible abduction. – The abduction of
any woman against her will and with lewd designs
shall be punished by reclusion temporal.
The same penalty shall be imposed in every case, if
the female abducted be under twelve years of age.
Article 343. Consented abduction. – The abduction
of a virgin over twelve years and under eighteen
years of age, carried out with her consent and with
lewd designs, shall be punished by the penalty of
prision correccional in its minimum and medium
periods.
Chapter Five: Provisions Relative to the Preceding
Chapters of Title Eleven
Article 344. Prosecution of the crimes of adultery,
concubinage, seduction, abduction, rape and acts
of lasciviousness. – The crimes of adultery and
concubinage shall not be prosecuted except upon a
complaint filed by the offended spouse.
The offended party cannot institute criminal
prosecution without including both the guilty parties,
if they are both alive, nor, in any case, if he shall have
consented or pardoned the offenders.
The offenses of seduction, abduction, rape or acts of
lasciviousness, shall not be prosecuted except upon a
complaint filed by the offended party or her parents,
grandparents, or guardian, nor, in any case, if the
offender has been expressly pardoned by the above
named persons, as the case may be.
In cases of seduction, abduction, acts of
lasciviousness and rape, the marriage of the offender
with the offended party shall extinguish the criminal
action or remit the penalty already imposed upon
him. The provisions of this paragraph shall also be
applicable to the co-principals, accomplices and
accessories after the fact of the above-mentioned
crimes.
Article 345. Civil liability of persons guilty of
crimes against chastity. – Person guilty of rape,
seduction or abduction, shall also be sentenced:
1. To indemnify the offended woman.
2. To acknowledge the offspring,
unless the law should prevent him
from so doing.
3. In every case to support the
offspring.
The adulterer and the concubine in the case provided
for in Articles 333 and 334 may also be sentenced, in
the same proceeding or in a separate civil proceeding,
to indemnify for damages caused to the offended
spouse.
Article 346. Liability of ascendants, guardians,
teachers, or other persons entrusted with the
custody of the offended party. – The ascendants,
guardians, curators, teachers and any person who, by
abuse of authority or confidential relationships, shall
cooperate as accomplices in the perpetration of the
crimes embraced in chapters, second, third and
fourth, of this title, shall be punished as principals.
Teachers or other persons in any other capacity
entrusted with the education and guidance of youth,
shall also suffer the penalty of temporary special
disqualification in its maximum period to perpetual
special disqualification.
Any person falling within the terms of this article,
and any other person guilty of corruption of minors
for the benefit of another, shall be punished by
special disqualification from filling the office of
guardian.
Title 12 – Crimes Against the Civil Status of
Persons, Book Two, Revised Penal Code
Chapter One: Simulation of Births and
Usurpation of Civil Status
Art. 347. Simulation of births, substitution of one
child for another and concealment or
abandonment of a legitimate child. – The
simulation of births and the substitution of one child
for another shall be punished by prisión mayor and a
fine of not exceeding Two hundred thousand pesos
(₱200,000).
The same penalties shall be imposed upon any person
who shall conceal or abandon any legitimate child
with intent to cause such child to lose its civil status.
Any physician or surgeon or public officer who, in
violation of the duties of his profession or office.
Shall cooperate in the execution of any of the crimes
mentioned in the two (2) next preceding paragraphs,
shall suffer the penalties therein prescribed and also
the penalty of temporary special disqualification. (As
amended by R.A. 10951)
Article 348. Usurpation of civil status. – The
penalty of prision mayor shall be imposed upon any
person who shall usurp the civil status of another,
should he do so for the purpose of defrauding the
offended part or his heirs; otherwise, the penalty of
prision correccional in its medium and maximum
periods shall be imposed.
Chapter Two: Illegal Marriages
Article 349. Bigamy. – The penalty of prision mayor
shall be imposed upon any person who shall contract
a second or subsequent marriage before the former
marriage has been legally dissolved, or before the
absent spouse has been declared presumptively dead
by means of a judgment rendered in the proper
proceedings.
Article 350. Marriage contracted against
provisions of laws. – The penalty of prision
correccional in its medium and maximum periods
shall be imposed upon any person who, without being
included in the provisions of the next proceeding
article, shall have not been complied with or that the
marriage is in disregard of a legal impediment.
If either of the contracting parties shall obtain the
consent of the other by means of violence,
intimidation or fraud, he shall be punished by the
maximum period of the penalty provided in the next
preceding paragraph.
Article 351. Premature marriages. – Any widow
who shall marry within three hundred and one day
from the date of the death of her husband, or before
having delivered if she shall have been pregnant at
the time of his death, shall be punished by arresto
mayor and a fine not exceeding 500 pesos.
The same penalties shall be imposed upon any
woman whose marriage shall have been annulled or
dissolved, if she shall marry before her delivery or
before the expiration of the period of three hundred
and one day after the legal separation. Article 352.
Performance of illegal marriage ceremony. – Priests
or ministers of any religious denomination or sect, or
civil authorities who shall perform or authorize any
illegal marriage ceremony shall be punished in
accordance with the provisions of the Marriage Law.
Title 13 – Crimes Against Honor, Book Two,
Revised Penal Code
Chapter One: Libel
Section One. – Definitions, forms, and punishment
of this crime.
Article 353. Definition of libel. – A libel is public
and malicious imputation of a crime, or of a vice or
defect, real or imaginary, or any act, omission,
condition, status, or circumstance tending to cause the
dishonor, discredit, or contempt of a natural or
juridical person, or to blacken the memory of one
who is dead.
Article 354. Requirement for publicity. – Every
defamatory imputation is presumed to be malicious,
even if it be true, if no good intention and justifiable
motive for making it is shown, except in the
following cases:
1. A private communication made by
any person to another in the
performance of any legal, moral or
social duty; and
2. A fair and true report, made in good
faith, without any comments or
remarks, of any judicial, legislative
or other official proceedings which
are not of confidential nature, or of
any statement, report or speech
delivered in said proceedings, or of
any other act performed by public
officers in the exercise of their
functions.
Art. 355. Libel by means of writings or similar
means. – A libel committed by means of writing,
printing, lithography, engraving, radio, phonograph,
painting, theatrical exhibition, cinematographic
exhibition, or any similar means, shall be punished by
prisión correccional in its minimum and medium
periods or a fine ranging from Forty thousand pesos
(₱40,000) to One million two hundred thousand
pesos (₱1,200,000), or both, in addition to the civil
action which may be brought by the offended party.
Art. 356. Threatening to publish and offer to
prevent such publication for a compensation. –
The penalty of arresto mayor or a fine from Forty
thousand pesos (₱40,000) to Four hundred thousand
pesos (₱400,000), or both, shall be imposed upon any
person who threatens another to publish a libel
concerning him or the parents, spouse, child, or other
member of the family of the latter, or upon anyone
who shall offer to prevent the publication of such
libel for a compensation or money consideration. (As
amended by R.A. 10951)
Art. 357. Prohibited publication of acts referred to
in the course of official proceedings. – The penalty
of arresto mayor or a fine of Forty thousand pesos
(₱40,000) to Two hundred thousand pesos
(₱200,000), or both, shall be imposed upon any
reporter, editor or manager of a newspaper, daily or
magazine, who shall publish facts connected with the
private life of another and offensive to the honor,
virtue and reputation of said person, even though said
publication be made in connection with or under the
pretext that it is necessary in the narration of any
judicial or administrative proceedings wherein such
facts have been mentioned.
Art. 358. Slander. – Oral defamation shall be
punished by arresto mayor in its maximum period to
prisión correccional in its minimum period if it is of a
serious and insulting nature; otherwise the penalty
shall be arresto menor or a fine not exceeding Twenty
thousand pesos (₱20,000). (As amended by R.A.
10951)
Art. 359. Slander by deed. – The penalty of arresto
mayor in its maximum period to prisión correccional
in its minimum period or a fine ranging from Twenty
thousand pesos (₱20,000) to One hundred thousand
pesos (₱100,000) shall be imposed upon any person
who shall perform any act not included and punished
in this title, which shall cast dishonor, discredit or
contempt upon another person. If said act is not of a
serious nature. The penalty shall be arresto menor or
a fine not exceeding Twenty thousand pesos
(₱20,000). (As amended by R.A. 10951)
Section Two. – General provisions
Article 360. Persons responsible. – Any person who
shall publish, exhibit, or cause the publication or
exhibition of any defamation in writing or by similar
means, shall be responsible for the same.
The author or editor of a book or pamphlet, or the
editor or business manager of a daily newspaper,
magazine or serial publication, shall be responsible
for the defamations contained therein to the same
extent as if he were the author thereof.
The criminal and civil action for damages in cases of
written defamations as provided for in this chapter,
shall be filed simultaneously or separately with the
court of first instance of the province or city where
the libelous article is printed and first published or
where any of the offended parties actually resides at
the time of the commission of the offense: Provided,
however, That where one of the offended parties is a
public officer whose office is in the City of Manila at
the time of the commission of the offense, the action
shall be filed in the Court of First Instance of the City
of Manila, or of the city or province where the
libelous article is printed and first published, and in
case such public officer does not hold office in the
City of Manila, the action shall be filed in the Court
of First Instance of the province or city where he held
office at the time of the commission of the offense or
where the libelous article is printed and first
published and in case one of the offended parties is a
private individual, the action shall be filed in the
Court of First Instance of the province or city where
he actually resides at the time of the commission of
the offense or where the libelous matter is printed and
first published: Provided, further, That the civil action
shall be filed in the same court where the criminal
action is filed and vice versa: Provided, furthermore,
That the court where the criminal action or civil
action for damages is first filed, shall acquire
jurisdiction to the exclusion of other courts: And,
provided, finally, That this amendment shall not
apply to cases of written defamations, the civil and/or
criminal actions which have been filed in court at the
time of the effectivity of this law.
Preliminary investigation of criminal action for
written defamations as provided for in the chapter
shall be conducted by the provincial or city fiscal of
the province or city, or by the municipal court of the
city or capital of the province where such action may
be instituted in accordance with the provisions of this
article.
No criminal action for defamation which consists in
the imputation of a crime which cannot be prosecuted
de oficio shall be brought except at the instance of
and upon complaint expressly filed by the offended
party. (As amended by R.A. 1289, approved June 15,
1955, R.A. 4363, approved June 19, 1965).
Article 361. Proof of the truth. – In every criminal
prosecution for libel, the truth may be given in
evidence to the court and if it appears that the matter
charged as libelous is true, and, moreover, that it was
published with good motives and for justifiable ends,
the defendants shall be acquitted.
Proof of the truth of an imputation of an act or
omission not constituting a crime shall not be
admitted, unless the imputation shall have been made
against Government employees with respect to facts
related to the discharge of their official duties.
In such cases if the defendant proves the truth of the
imputation made by him, he shall be acquitted.
Article 362. Libelous remarks. – Libelous remarks
or comments connected with the matter privileged
under the provisions of Article 354, if made with
malice, shall not exempt the author thereof nor the
editor or managing editor of a newspaper from
criminal liability.
Chapter Two: Incriminatory Machinations
Article 363. Incriminating innocent person. – Any
person who, by any act not constituting perjury, shall
directly incriminate or impute to an innocent person
the commission of a crime, shall be punished by
arresto menor.
Art. 364. Intriguing against honor. – The penalty of
arresto menor or fine not exceeding Twenty thousand
pesos (₱20,000) shall be imposed for any intrigue
which has for its principal purpose to blemish the
honor or reputation of a person. (As amended by R.A.
10951)
Title 14 – Quasi-Offenses, Book Two, Revised
Penal Code
Sole Chapter: Criminal Negligence
Art. 365. Imprudence and negligence.— Any
person who, by reckless imprudence, shall commit
any act which, had it been intentional, would
constitute a grave felony, shall suffer the penalty of
arresto mayor in its maximum period to prisión
correccional in its medium period; if it would have
constituted a less grave felony, the penalty of arresto
mayor in its minimum and medium periods shall be
imposed; if it would have constituted a light felony,
the penalty of arresto menor in its maximum period
shall be imposed.
Any person who, by simple imprudence or
negligence, shall commit an act which would
otherwise constitute a grave felony, shall suffer the
penalty of arresto mayor in its medium and maximum
periods; if it would have constituted a less serious
felony, the penalty of arresto mayor in its minimum
period shall be imposed.
When the execution of the act covered by this article
shall have only resulted in damage to the property of
another, the offender shall be punished by a fine
ranging from an amount equal to the value of said
damages to three (3) times such value, but which
shall in no case be Less than Five thousand pesos
(₱5,000).
those provided in the first two (2)
paragraphs of this article, in which
case the court shall impose the
penalty next lower in degree than
that which should be imposed in the
period which they may deem
proper to apply.
2. When, by imprudence or
negligence and with violation of the
Automobile Law, the death of a
person shall be caused, in which
case the defendant shall be
punished by prisión correccional in
its medium and maximum periods.
Reckless imprudence consists in voluntarily, but
without malice, doing or failing to do an act from
which material damage results by reason of
inexcusable lack of precaution on the part of the
person performing or failing to perform such act,
taking into consideration his employment or
occupation, degree of intelligence, physical condition
and other circumstances regarding persons, time and
place.
Simple imprudence consists in the lack of precaution
displayed in those cases in which the damage
impending to be caused is not immediate nor the
danger clearly manifest.
The penalty next higher in degree to those provided
for in this article shall be imposed upon the offender
who fails to lend on the spot to the injured parties
such help as may be in his hands to give. (As
amended by R.A. 10951)

A fine not exceeding Forty thousand pesos (₱40.000)

and censure shall be imposed upon any person, who,
by simple imprudence or negligence, shall cause
some wrong which, if done maliciously, would have
constituted a light felony.

In the imposition of these penalties, the court shall

exercise their sound discretion, without regard to the
rules prescribed in Article 64.

The provisions contained in this article shall not be

applicable:

1. When the penalty provided for the

offense is equal to or lower than