aREPUBLIC ACT NO.

6085 - Falsely testifying under oath must NOT be in a

judicial proceeding.
An Act Regulating the Use of Aliases - Testimony must be complete.
R.A 9165 of 2002
General rule:
Comprehensive Dangerous Drugs Act of 2002
No person shall use any name different
from the one with which he was registered at birth Unlawful Acts and Penalties
in the office of the local civil registry, or with which Section 4. Importation of Dangerous Drugs &/or
he was registered in the Bureau of Immigration Controlled Precursors & Essential Chemicals.
upon entry, or such substitute name as may have Offenders:
been authorized by a competent court Penalty:
1. Importer Life to
Exception: Death + P500k-P10M
2. Importer Death
As pseudonym solely for literary, cinema,
+ P10M
television, radio or other entertainment purposes
using Diplomatic Passport
and in athletic events where the use of pseudonym
3. Financier/Organizer, Death
is a normally accepted practice.
+ P10M
Manager of Importation
4. Protector/Coddler 12y1d to 20y +
SECTION TWO: P100k to P500k

FALSE TESTIMONY Unlawful Acts and Penalties

Sec. 5 Acts: Penalty:
False testimony – is committed by any person
Sale Life to
who, being under oath, and required to testify as
Death + P500k
to the truth of a certain matter at a hearing before
Trade to P10M
a competent authority, shall deny the truth or say
Distribute
something contrary to it.
Deliver
Three forms of false testimony Transport
1. False Testimony in Criminal Cases(Art. 180-181) Broker
2. False Testimony in Civil Cases(Art. 182)
3. False Testimony in other cases(Art. 183)
Sec 5. Sale, Trading, Administration, Dispensation,
Delivery, Distribution & Transportation of
ARTICLE 183 Dangerous Drugs &/or Controlled Precursors &
Essential Chemicals
PERJURY Elements:
1. Identity of the buyer and the seller, the
Two ways of committing perjury:
object, and the consideration.
1. By falsely testifying under oath;
2. Delivery of the thing sold and the payment
2. By making a false affidavit.
thereof
 (2) 10 grams or more of morphine;
Maximum Penalty Imposed on : (3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine
1. Committed within 100m from a school hydrochloride;
(5) 50 grams or more of methamphetamine
2. Use of minors or mentally incapacitated
hydrochloride or "shabu";
persons as runners, couriers & (6) 10 grams or more of marijuana resin or
messengers, or in any other capacity marijuana resin oil;
(7) 500 grams or more of marijuana; and
3. If the victim is a minor or mentally
(8) 10 grams or more of other dangerous
incapacitated drugs such as, but not limited to:
4. Dangerous drug is the proximate cause of (MDA) or "ecstasy", (PMA),
(TMA), (LSD), (GHB)
death of victim
5. Organizer, Manages the unlawful acts,
financier Protector/Coddler Other Unlawful Acts
Sec 29. Criminal Liability for Planting of Evidence.
Penalty: 12y1d to 20y + P100k to
Any person who is found guilty of
P500k "planting" any dangerous drug and/or controlled
precursor and essential chemical, regardless of
quantity and purity, shall suffer the penalty of
Sec. 11 Possession of Dangerous Drugs DEATH.
Elements: Chain of Custody Rule:
1. Person is in possession which is
identified to be a prohibited drug; The apprehending team having initial custody and
2. Such possession is not authorized by control of the drugs shall, immediately after
law; seizure and confiscation, physically inventory and
3. Person freely & consciously possessed photograph the same in the presence of the
the said prohibited drug. accused or the person/s from whom such items
were confiscated and/or seized, or his/her
Sec. 11 Possession of Dangerous Drugs (See Sec. representative or counsel, a representative from
13) the media and the DOJ, and any elected public
Life Imprisonment to Death official who shall be required to sign the copies of
and Fine P500k - P10M the inventory and be given a copy thereof
Any person, who, unless authorized by
law, shall possess any dangerous drug in the
following quantities, regardless of the degree of CHAPTER TWO:
purity: OFFENSES AGAINST DECENCY AND
GOOD CUSTOMS
(ARTS. 200-2020)
Unlawful Acts and Penalties
(1) 10 grams or more of opium;
ARTICLE 200
GRAVE SCANDAL Misfeasance – improper performance of some act
which might lawfully be done.
Elements:
Malfeasance – the performance of some act which
1. That the offender performs an act or acts.
ought not to be done.
2. That such act or acts be highly scandalous as
Nonfeasance – omission of some act which ought
offending against decency or good customs.
to be performed.
3. That the highly scandalous conduct is not
ARTICLE 210
expressly falling within any article of this Code. DIRECT BRIBERY
4. That the act or acts complained of be committed
in a public place or within the public knowledge or Elements of direct bribery:
1. That the offender be a public officer;
view
2. That the offender accepts an offer or a promise
or receives a gift or present by himself or through
Grave Scandal Alarms and Scandal another;
Refers to moral Refers to disturbances 3. That such offer or promise be accepted, or gift
scandal. It does not of the public peace or present received by the public officer :
necessarily disturb which are not acts that
a. With a view to committing some crime;
public peace. are offensive to decency
However, it must be or
committed within b. In consideration of the execution of an
public view. act which does not constitute a crime, but the act
must be unjust; or
c. To refrain from doing something which
it is his official duty to do;
ARTICLE 201 4. That the act which the offender agrees to
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS perform or which he executes be connected with
AND EXHIBITIONS, AND INDECENT SHOWS the performance of his official duties.

TITLE SEVEN: Elements:

CRIMES COMMITED BY A PUBLIC OFFICER 1. That the offender is a public officer;
2. That he accepts gifts;
ARTICLE 203 3. That the said gifts are offered to him by reason
WHO ARE PUBLIC OFFICERS of his office.

Direct Bribery Indirect Bribery

CHAPTER TWO: As to consideration
In both crimes the public officer receives gift.
MALFEASANCE AND MISFEASANCE IN OFFICE As to existence of agreement
(ARTS. 204-212) There is agreement No such agreement
SECTION ONE: DERELICTION OF DUTY between the public exists
 officer and the giver As amended by RA 3047,
of gift or present. PD 77, and BP 195
Anti-Graft and Corrupt Practices Act
As to necessity of the performance of the act
The offender agrees to It is not necessary that
perform or performs the officer should do
an act or refrains from any particular act REPUBLIC ACT NO. 7080
doing something, or even promise to do ANTI-PLUNDER ACT
because of the gift an act, as it is enough Means or schemes to acquire ill-gotten
or promise that he accepts gifts wealth aggregate amount or total value of at least
offered to him by 50 million pesos
reason of his office.

CHAPTER FOUR:
MALVERSATION OF PUBLIC
ARTICLE 211
FUNDS OR PROPERTY(ARTS. 217-222)
A QUALIFIED BRIBERY

Acts punished:
Elements:
1. By appropriating public funds or property.
1. That the offender is a public officer entrusted
2. By taking or misappropriating the same.
with law enforcement;
3. By consenting, or through abandonment or
2. That the offender refrains from arresting or
negligence, permitting any other person to take
prosecuting an offender who has committed a
such public funds or property.
crime punishable by reclusión perpetua and/or
4. By being otherwise guilty of the
death;
misappropriation or malversation of such funds or
3. That the offender refrains from arresting or
property
prosecuting the offender in consideration of any
promise, gift or present.
Elements:
1. That the offender is a public officer;
2. That there is a public fund or property under his
administration;
ARTICLE 212
3. That such public fund or property has been
CORRUPTION OF PUBLIC OFFICIALS
appropriated by law or ordinance;
4. That he applies the same to a public use other
Elements:
than that for which such funds or property has
1. That the offender makes, offers or promises or
been appropriated by law or ordinance
gives gifts or presents to a public officer; and
2. That the offers or promises are made or the gifts
Illegal Use of Public Malversation
or presents given to a public officer, under
Funds or Property
circumstances that will make the public officer The offenders are accountable
liable for direct bribery or indirect bribery. public officers in both crimes.
The offender does The offender in certain
REPUBLIC ACT NO. 3019 not derive any cases profits from the
 personal gain or proceeds of the crime. DISOBEDIENCE, REFUSALOF ASSISTANCE AND
profit. MALTREATMENT OF PRISONERS
The public fund The public fund
or property is applied or property is applied Elements:
to another public use to the personal use and
1. That the offender is a public officer
benefit of the offender
or of another person. or employee;
2. That he has under his charge
a prisoner convicted by final judgment or a
CHAPTER FIVE: detention prisoner;
INFIDELITY OF PUBLIC OFFICERS 3. That he maltreats such prisoner in either of the
(ARTS. 223-230) following manners:
a. By overdoing himself in the correction
SECTION ONE: or handling of a prisoner or detention prisoner
DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND under his charge either:
MALTREATMENT OF PRISONERS i. by the imposition of punishme
nts not authorized by the regulations, or
ARTICLE 224 ii. by inflicting such
EVASION THROUGH NEGLIGENCE punishments(those authorized) in a cruel and
humiliating manner; or
Elements: b. By maltreating such prisoner to extort a
1. That the offender is a public officer; confession or to obtain some information from the
2. That he is charged with the conveyance prisoner.
or custody of a prisoner, either detention prisoner
or prisoner by final judgment;
3. That such prisoner escapes through his SECTION FOUR:
negligence. ABUSES AGAINST CHASTITY

Liability of escaping prisoner: RA 7877

1. If the fugitive is serving sentence by reason of “Anti-Sexual Harassment Act of 1995”
final judgment, he is liable for evasion of the - which applies where the accused
service of sentence under Art. 157. demands, requests or otherwise requires any
2. If the fugitive is only a detention prisoner, he sexual favors from the victim in a work, education
does not incur criminal liability. or training-related environment.

CHAPTER SIX: TITLE EIGHT:

OTHER OFFENSES OR CRIMES AGAINST PERSONS
IRREGULARITIES BY PUBLIC OFFICERS
(ARTS. 231-245) SECTION ONE:
PARRICIDE, MURDER,HOMICIDE
SECTION ONE:
PARRICIDE
Elements:
1. That a person is killed; 1. With treachery, taking advantage
2. That the deceased is killed by the accused; and of superior strength, with the aid of
3. That the deceased is the father, mother, armed men, or employs means to weaken
or child, whether legitimate or illegitimate, or a the defense, or of means or persons to
legitimate other ascendant or other descendant, insure or afford impunity;
or the legitimate spouse, of the accused. 2. In consideration of a
price, reward or promise;
3. By means of inundation, fire, poison,
shipwreck, stranding of a vessel,
ARTICLE 247 derailment or assault upon a railroad,
DEATH OR PHYSICAL INJURIES INFLICTED fall of an airship, by means of motor
UNDER EXCEPTIONAL CIRCUMSTANCES vehicles, or with the use of any other
means involving great waste and ruin;
Elements: 3. On occasion of any calamities
1. That a legally married person or a parent enumerated in the preceding paragraph,
surprises his spouse or his daughter, the latter or of an earthquake, eruption of a
under 18 years of age and living with him, in the volcano, destructive cyclone, epidemic, or
act of committing sexual intercourse with another any other public calamity;
person; 4. With evident premeditation; or
2. That he or she kills any or both of
them, or inflicts upon any or both of them any 5. With cruelty, by deliberately and
serious physical injury, in the act or immediately inhumanly augmenting the suffering of
thereafter; and the victim, or outraging or scoffing at his
3. That he has not promoted or facilitated the person or corpse.(As amended by RA
prostitution of his wife or daughter, or that he or No.7659)
she has not consented to the infidelity of others.

ARTICLE 248 ARTICLE 249

MURDER
HOMICIDE

Murder Elements:
- unlawful killing of any person which is
not parricide or infanticide. 1. That a person was killed;

2. That the accused killed him

without any justifying circumstance;
Elements:
1. That a person was killed; 3. That the accused had the intention to kill,
2. That the accused killed him; which is presumed; and
3. That the killing was attended by any of the
qualifying circumstances mentioned inArt.248; and
4. That the killing is not parricide or infanticide.
 4. That the killing was not attended by any
of the qualifying circumstances of murder, or ARTICLE 253
by that of parricide or infanticide GIVING ASSISTANCE TO SUICIDE
Acts punished:
1. By assisting another to commit suicide, whether
the suicide is consummated or not;
ARTICLE 251
2. By lending his assistance to another to commit
DEATH CAUSED IN A TUMULTUOUS AFFRAY
suicide to the extent of doing the killing himself.

Elements:
ARTICLE 254
1. That there be several persons;
DISCHARGE OF FIREARMS
2. That they did not compose groups organized for
the common purpose of assaulting and attacking
Elements:
each other reciprocally, otherwise, they may be
1. That the offender discharges a firearm against
held liable as co-conspirators;
or at another person; and
3. That these several persons quarreled and
2. That the offender has no intention to kill that
assaulted one another in a confused and
person.
tumultuous manner;
SECTION TWO:
4. That someone was killed in the course of the
INFANTICIDE AND ABORTION
affray;
5. That it cannot be ascertained who actually killed
ARTICLE 255
the deceased; and
INFANTICIDE
6. That the person or persons who inflicted serious
physical injuries or who used violence can be
Elements:
identified.
1. That a child was killed;
2. That the deceased child was less than three days
ARTICLE 252
(72 hours) of age; and
PHYSICAL INJURIES INFLICTED IN
3. That the accused killed the said child.
A TUMULTUOUS AFFRAY

ARTICLE 256
Elements:
INTENTIONAL ABORTION
1. That there is a tumultuous affray as referred to
in Art. 251;
Elements:
2.That a participant or some participants thereof
1. That there is a pregnant woman;
suffer serious physical injuries or physical injuries
2. That violence is exerted, or drugs or beverages
of a less serious nature only;
administered, or that the accused otherwise acts
3. That the person responsible there for cannot be
upon such pregnant woman;
identified; and
3. That as a result of the use of violence or drugs or
4. That all those who appear to have used violence
beverages upon her, or any other act of the
upon the person of the offended party are known.
accused, the fetus dies, either in the womb or after
having been expelled therefrom; and
4. That the abortion is intended.
ARTICLE 257 How committed:
UNINTENTIONAL ABORTION 1. By wounding;
2. By beating;
Elements: 3. By assaulting; or
1. That there is a pregnant woman; 4. By administering injurious substance.
2. That violence is used upon such pregnant
woman without intending an abortion; Serious physical injuries
3. That the violence is intentionally exerted; and 1. When the injured person becomes insane,
4. That as a result of the violence, the fetus dies, imbecile, impotent or blind in consequence of the
either in the womb or after having been expelled physical injuries inflicted
there from. 2. When the injured person –
a. Loses the use of speech or
CHAPTER TWO: the power to hear or to smell, or loses an eye, a
PHYSICAL INJURIES (ARTS. 262-266) foot, an arm, or a leg;
b. Loses the use of any such member; or
ARTICLE 262 c. Becomes incapacitated for the work in
MUTILATION which he was therefore habitually engaged, in
consequence of the physical injuries inflicted
Two kinds:
1. By intentionally mutilating another by 3.When the person injured - a. Becomes def
depriving him, either totally or partially, ormed, or
of some essential organ for reproduction b. Loses any other member of his body,or
(castration) c. Loses the use thereof, or
2. By intentionally making other mutilation, d. Becomes ill or incapacitated for the
that is, by lopping or clipping off any part performance of the work in which he was
of the body of the offended party, habitually engaged for more than 90 days,
other than the essential organ for in consequence of the physical injuries inflicted.
reproduction, to deprive him of that part 4. When the injured person becomes
of the body(mayhem) ill or incapacitated for labor for more than 30 days
(but must not be more than 90 days),as a result of
ARTICLE 263 the physical injuries inflicted.
SERIOUS PHYSICAL INJURIES
Physical Injuries Attempted or Frustrated
How committed: Homicide
1. By wounding;
2. By beating; The offender Attempted
inflicts physical homicide maybe
3. By assaulting; or
injuries. committed, even if no
4. By administering injurious substance. physical injuries are
inflicted.
ARTICLE 263 The offender has an
SERIOUS PHYSICAL INJURIES intent to kill the offended
 party. (R.A. No. 8049)

Allowed Initiation Rites

(Section 2)
ARTICLE 265 -Those that have prior written notice to
LESS SERIOUS PHYSICAL INJURIES the school authorities or head of organization 7
days before the conduct of such initiation. The
Elements: written notice shall contain the following:
1. The offended party is incapacitated 1. Period of the initiation activities which
for labor for 10 days or more but not more than 30 shall not exceed 3 days
days, or needs attendance for the same period; 2. Names of those to be subjected to such
and activities
2. The physical injuries must not be those 3. Undertaking that no physical violence
described in the preceding articles. be employed by anybody
What acts are punishable:
Physical Injuries Mutilation All acts so long as it caused physical
No SPECIAL INTENTION There is a SPECIAL injuries at the very least.
to clip off some part of INTENTION to clip
the body so as to off some part of the
deprive the offended body so as to
party of such part. deprive him of such CHAPTER THREE:
part. RAPE
(ARTS. 266-A– 266-B)

ARTICLE 266 ARTICLE 266-A

SLIGHT PHYSICAL INJURIES THE ANTI-RAPE LAW (RA 8353)
AND MALTREATMENT
Elements:
Kinds: a. That the offender is a man;
1. Physical injuries which b. That the offender had carnal knowledge of a
incapacitated the offended party from one to nine woman;
days, or required medical attendance during the c. That such act is accomplished under any of the
same period; following circumstances:
2. Physical injuries which did not prevent i. By using force or intimidation, or
the offended party from engaging in his habitual ii. When the woman is deprived of reason
work or which did not require medical attendance; or otherwise unconscious, or
and iii. By means of fraudulent machination or
3. Ill-treatment of another by deed grave abuse of authority, or
without causing any injury. iv. When the woman is under 12years of
age or demented.

ANTI-HAZING LAW Rape Shield Rule

 Character of the woman is immaterial in 9. When the victim is a child below 7
rape. It is no defense that the woman is of years old;
unchaste character, provided the illicit relations 10. When the offender knows that he is
were committed with force and violence, etc. afflicted with HIV/AIDS or any other sexually
Rape may be committed using the fingers transmissible disease and the virus or disease is
under the second act, but the ‘instrument or transmitted to the victim;
object’ other than the penis must be inserted into 11. When committed by any member of
the genital or anal orifice of another person. the AFP or para-military units thereof of the PNP
(Obaña v. Hon. Soriano, G.R. No. 60353. Aug. 21, or any law enforcement agency or penal
2001) institution, when the offender took advantage of
his position to facilitate the commission of the
ARTICLE 266-B crime;
QUALIFIED RAPE 12. When by reason or on the occasion of
the rape, the victim has suffered permanent
1. When rape is committed with the use of a physical mutilation or disability;
deadly weapon or by two or more persons; 13. When the offender knew of the
2. When by reason or occasion of rape, pregnancy of the offended party at the time of the
the victim has become insane; commission of the crime;
3. When the rape is attempted and a 14. When the offender knew of the
homicide is committed mental disability, emotional disorder
by reason of or on the occasion of rape (special and/or physical disability of the offended party at
complex crime); the time of the commission of the crime.
4. When by reason of or
on occasion of rape, homicide is committed
(special complex crime); ARTICLE 266-C
5. When the victim is under 18 years EFFECT OF PARDON
of age and the offender is a parent, ascendant,
step-parent, guardian, relative by consanguinity or TITLE NINE:
affinity within the third civil degree, or the CRIMES AGAINST PERSONAL
common law spouse of the parent of the victim; LIBERTY AND SECURITY
6. When the victim is under the
custody of the police or military authorities or any SECTION ONE: ILLEGAL DETENTION
law enforcement or penal institution; ARTICLE 267
7. When the rape is committed in full KIDNAPPING AND SERIOUS
view of the spouse, parent, or any of the children ILLEGAL DETENTION
or other relatives within the third civil degree of
consanguinity; Elements: (PICK)
8. When the victim is a religious engaged 1. That the offender is a private individual
in legitimate religious vocation or calling who is not any of the parents of the victim nor a
and is personally known to be such by the female;
offender before or at the time of the
commission of the crime;
 2. That he kidnaps or detains another, or Kidnapping with Rap Forcible Abduction wit
in any other manner deprives the latter of his e h Rape
liberty;
3. That the act of detention or kidnapping Lewd design came At the outset, there is
after the intent to already lewd design
must be illegal;
kidnap the victim
4. That in the commission of the offense,
any of the following circumstances is present: It is a special complex It is a complex crime
a. That the kidnapping or detenti crime. under Article 48 since
on lasts for more than 3 days; or forcible abduction is a
b. That it is committed simulating necessary means
public authority; or of committing the
crime of rape.
c. That any serious physical injuri
es are inflicted upon the person kidnapped If there is an If there is an attempted
or detained or threats to kill him are made; attempted rape, it rape, the crime
or shall be considered a committed is only
d. That the person kidnapped separate crime. forcible abduction, the
or detained is a minor, female, or a public former being an
officer. expression of the lewd
design.

If there are multiple If there are multiple

Qualifying circumstances: rapes, there is only rapes, only one is
Death Penalty is imposed (KERT) one special complex complexed with
1. If the purpose is to extort ransom; crime of Kidnapping forcible abduction and
2. When the victim is killed or dies a consequence with Rape the rests hall be
of the detention; considered as separate
crimes
3. When the victim is raped; or
4. When the victim is subjected to torture
or dehumanizing act.
ARTICLE 268
Illegal Detention Arbitrary Detention SLIGHT ILLEGAL DETENTION

Committed by a Committed by a public

private individual officer or employee Elements: (PIKO)
who unlawfully who detains a person 1. That the offender is a private individual;
kidnaps, detains or without legal ground. 2. That he kidnaps or detains another, or in any
otherwise deprives a Crime against the manner deprives him of his liberty;
person of liberty. fundamental law of the 3. That the act of kidnapping or detention is illegal;
Crime is against State. 4. That the crime is committed without the
personal liberty and
attendance of the circumstances enumerated in
security.
Art. 267.
ARTICLE 269
UNLAWFUL ARREST Elements:
1. That the offender is entrusted with the custody
Elements: of a minor person (less than 18 years old);
1. That the offender arrests or detains 2. That he deliberately fails to restore the said
another person minor to his parents or guardian;
2. That the purpose of the offender is to
deliver him to the proper authorities Art. 267 Art. 270
3. That the arrest or detention is
unauthorized by law or there is no Offender is not Offender is entrusted
reasonable ground there for. entrusted with the with the custody of
custody of the victim the minor

Unlawful Arrest Other Illegal Illegally detaining What is punished is

(Art.269) Detention or kidnapping the the deliberate failure
minor of the offender
Purpose of locking up Any other case. having the custody of
or detaining the victim is the minor to restore
to deliver him to the him to his parents
proper authorities, and or guardian
develops to be unlawful

ARTICLE 271
Delay in the Delivery Unlawful Arrest INDUCING A MINOR TO ABANDON HIS HOME
of Detained Persons (Art. 269)
(Art. 125)
Elements:
Detention is for some Detention is not 1. That a minor (less than 18 years old) is
legal ground authorized by law living in the home of his parents or guardian or the
person entrusted with his custody;
Committed by failing Committed by making 2. That the offender induces said minor
to deliver such person an arrest not to abandon such home.
to the proper judicial authorized bylaw
authority within a
TITLE NINE:
certain period
CRIMES AGAINST PERSONAL
LIBERTY AND SECURITY
TITLE NINE:
CRIMES AGAINST PERSONAL SECTION THREE: SLAVERY AND SERVITUDE
LIBERTY AND SECURITY
CHAPTER TWO:
SECTION TWO: KIDNAPPING OF MINORS CRIMES AGAINST SECURITY (ARTS. 275-289)

ARTICLE 270 SECTION ONE:

FAILURE TO RETURN A MINOR
ABANDONMENT OF HELPLESS PERSONS AND
EXPLOITATION OF MINORS Simple Trespass to Qualified Trespass to
Dwelling Dwelling

Abandonment Abandonment Offender enters the Offender enters the

of Minor by Persons of Minor dwelling of another dwelling of another
Entrusted with (Art. 276) and the entrance is against the latter’s will
Custody against and the offense is
(Art. 277) the latter’s will. committed by means
of violence or
intimidation.
The custody of the The custody of the
offender is specific, offender is stated in
that is, the custody for general.
the rearing or
education of the SECTION THREE: THREATS AND COERCION
minor
ARTICLE 282
Minor is under 18 yrs. Minor is under 7 years GRAVE THREATS
of age of age
Acts punished:
Minor is delivered to a Minor is abandoned in
public institution such a way as to 1. By threatening another with
or other person deprive him of the the infliction upon his person, honor, or property
care and protection or that of his family of any wrong amounting to a
that his tender years crime and demanding money or imposing any
need other condition even though not unlawful, and the
offender attained his purpose.(with condition)
2. By making such threat without the offe
nder attaining his purpose.(with condition)
CHAPTER TWO:
3. By threatening another with
CRIMES AGAINST SECURITY (ARTS. 275-289)
the infliction upon his person, honor or property or
that of his family of any wrong amounting to a
SECTION TWO: TRESPASS TO DWELLING
crime, the threat not being subject to a condition.
(without condition)
ARTICLE 280
QUALIFIED TRESPASS TO DWELLING
Grave Threats Light Threats

Elements: Act threatened Act threatened does not

1. That the offender is a private person; amounts to a crime amount to a crime
2. That he enters the dwelling of another;
3. That such entrance is against the latter’s will.
Qualifying Circumstance: Threats Coercion
If committed by means of
violence/intimidation. Intimidation is essenti Intimidation or Violenc
al e is the essence of the
 crime demand for money is
material
Intimidation is future Force or Violence must No condition imposed. In certain cases,
and conditional. be imminent, actual imposed condition is
and immediate. material.

Intimidation is Intimidation is Threat is not deliberate Threat is deliberate

directed against the directed against the
victim or his family. victim only.

ARTICLE 286
GRAVE COERCION
ARTICLE 283
LIGHT THREATS Two Ways of Committing Grave Coercion:
1. By preventing another by means
Elements: of violence, threats or intimidation, from doing
1. That the offender makes a threat to commit a something not prohibited by law.
wrong; (Preventive)
2. That the wrong does not constitute a crime; 2. By compelling another, by means
3. That there is a demand for money or that other of violence, threats or intimidation, to do
condition is imposed even though not unlawful; something against his will, whether it be right or
4. That the offender has attained his purpose or, wrong. (Compulsive)
that he has
not attained his purpose.
Grave Coercion Unjust Vexation

ARTICLE 285 The act of preventing The act was already

OTHER LIGHT THREATS by force must be done when the
made at the time the violence was exerted
Prohibited Acts: offended party was
doing or about to do
1. Threatening another with a weapon,
the act prevented.
or drawing such weapon in a quarrel, unless it be
in lawful self-defense.
Grave Coercion Illegal Detention
2. Orally threatening another, in the heat
of anger, with some harm constituting a crime, Intent to deprive the Intent to deprive is
without persisting in the idea involved in his offended party of his present.
threat. liberty is not clear (i.e.
3. Orally threatening to do another any may freely leave the
house but is
harm not constituting a felony.
compelled to return)

Art. 285 Art. 282 and Art. 283

Grave Coercion Maltreatment
No demand for money. In certain cases,
 of Prisoners 1. That there be personal property
(bienes muebles) belonging to another;
If the offended party is If the offended party 2. That there is unlawful
not a is a prisoner, taking (apoderamiento or asportacion)of that
prisoner ,extracting extracting information
property;
information using using force or
force or intimidation is intimidation is 3. That the taking must be with intent to
coercion. maltreatment. gain(animus lucrandi);
4. That there is violence against
or intimidation of any person or force used upon
ARTICLE 287 things.
LIGHT COERCION
SECTION ONE:
Elements:
1. That the offender must be a creditor;
2. That he seizes anything belonging to his debtor;
3. That the seizure of the thing be accomplished by
means of
violence or a display of material force producing ARTICLE 294
intimidation; ROBBERY WITH VIOLENCE AGAINST OR
4. That the purpose of the offender is to apply the INTIMIDATION OF PERSONS
same to the payment of the debt.
Acts Punished under this Article:
TITLE TEN: 1. (a) When by reason or on occasion of the
CRIMES AGAINST PROPERTY robbery, the crime of homicide is committed;
(b) or when the robbery is
ARTICLE 293 accompanied by rape or intentional mutilation or
WHO ARE GUILTY OF ROBBERY arson.
2. When by reason or on occasion of such robbery
Robbery– is the taking of personal property any of the physical injuries resulting in insanity,
belonging to another, with intent to gain, by imbecility, impotency or blindness is inflicted.
means of violence against, or intimidation of any (subdivision 1 of Art. 263)
person, or using force upon anything. 3. When by reason or on occasion of robbery, any
of the physical injuries penalized in subdivision 2 of
Classification of Robbery: Art. 263 is inflicted.
1. Robbery with violence against, or intimidation of
persons Special Complex Crime of Robbery
(Arts. 294, 297 and 298). 1. Robbery with homicide
2. Robbery by use of force upon things(Arts.299 2. Robbery with rape
and 302). 3. Robbery with intentional mutilation
4. Robbery with arson
Elements of Robbery in general: 5. Robbery with serious physical injuries
 OR IN A PRIVATE BUILDING

ARTICLE 303
Threats to Extort Robbery thru ROBBERY OF CEREALS, FRUITS, ORFIREWOOD IN
Money Intimidation AN UNINHABITEDPLACE OR PRIVATE BUILDING

Intimidation is Intimidation is PRESIDENTIAL DECREE 532

conditional or actual and
Modified Arts. 306 & 307
future immediate

Intimidation may be Intimidation Brigandage Robbery in Band

through an ispersonal.
intermediary. Purpose: Purpose:
Commit Commit robbery, not
Intimidation may refer Intimidation is robbery in necessarily
to person, honor directed only to the highway; or to in highways
or property of the person of the victim. kidnap person
offended party or of for ransom; or
his family. any
other purpose
The gain of the culprit The gain of the culprit attained by
is is immediate. force and
not immediate. violence

Agreement is t Agreement is to commit

o commit a particular robbery.
several
Robbery Grave Coercion
robberies
With intent to gain No intent to gain
Mere Actual commission of robber
formation y is necessary.
Is punished

CHAPTER THREE:
ARTICLE 299 THEFT (ARTS. 308-311)
ROBBERY IN AN INHABITED HOUSE/
PUBLIC BUILDING OR EDIFICE DEVOTED TO WHO ARE LIABLE FOR THEFT
WORSHIP
Elements:
ARTICLE 300 1. That there be taking of personal property;
ROBBERY IN AN UNINHABITED 2. That said property belongs to another;
PLACE AND BY A BAND 3. That the taking be done with intent
to gain;
ARTICLE 302 4. That the taking be done without the
ROBBERY IN AN UNINHABITED PLACE consent of the owner;
 5. That the taking be accomplished without CHAPTER FOUR:
the use of violence against or intimidation USURPATION
of persons or force upon things. (ARTS. 312-313)

ARTICLE 310
QUALIFIED THEFT CHAPTER SIX:
SWINDLING AND OTHER DECEITS
1. If theft is committed by a domestic servant (ARTS. 315-318)
2. If committed with grave abuse of confidence
3. If the property stolen is:
(a) motor vehicle, (b) mail matter or (c) ARTICLE 315
large cattle SWINDLING/ESTAFA
4. If the property stolen consists of coconuts taken
from the premises of plantation. Elements in general:
5. If the property stolen is taken from a fishpond or 1. That the accused defrauded another by
fishery abuse of confidence, or by means of deceit;
6. If property is taken on the occasion of fire, 2. That the damage or prejudice capable
earthquake, typhoon, volcanic eruption, or any of pecuniary estimation is caused to the offended
other calamity, vehicular accident or civil party or third persons.
disturbance
Damage or prejudice may consist of:
1. Offended party being deprived of his
ANTI CARNAPPING ACT of 1972 money or property as a result of the defraudation;
(R.A. 6539) 2. Disturbance in property rights;
3. Temporary prejudice.
CATTLE RUSTLING LAW of 1974
(P.D. 533) I. Estafa with Unfaithfulness or Abuse
of Confidence
LAW ON ILLEGAL FISHING A. Estafa with unfaithfulness(Article315,
(P.D. 534) No. 1-A)
B. Estafa with abuse of confidence(Article
ANTI –FENCING LAW 315 No.1-B)
(P.D. 1612) C. Estafa by taking undue advantage of
the signature in blank(Article315, No. 1-C)
PRESIDENTIAL DECREE NO. 401 II. Estafa by Means of Deceit(Article 315,No. 2)
Penalizing the Unauthorized Installation of Water, Ways of commission:
Electrical or Telephone Connections, the Use of A. Art. 315 No. 2 (A):
Tampered Water or Electrical Meters, and other 1. By using a fictitious name.
Acts 2. By falsely pretending to posses
(March 1, 1974) s:
 (a) power, (b) influence, (c)qualifications, MALICIOUS MISCHIEF
(d) property, (e)credit, (f) agency, (g) business
or imaginary transactions. Elements:
3. By means of other similar dece 1. That the offender deliberately caused
its damage to the property of another;
2. That such act does not constitute arson
or other crimes involving destruction;
ILLEGAL RECRUITMENT 3. That the act of damaging another’s
Under the Migrant Workers Act property be committed merely for the
(R.A. No. 8042) sake of damaging it

ARTICLE 332
BOUNCING CHECKS LAW PERSON EXEMPT FROM CRIMINAL LIABILITY
(B.P. Blg. 22)
Offenses Punished under BP 22: Crimes involved in the exemption:
1. Theft 2. Swindling
A. Making or Drawing and issuing a check 3. Malicious mischief
knowing at the time of issue that he does not have
sufficient funds. Persons exempted:
B. Failing to keep sufficient funds to 1. Spouses, ascendants and descendants,
cover the full amount of the check or relatives by affinity on the same line.
2. The widowed spouse with respect
to the property which belonged to the deceased
spouse before the same shall have passed to the
ARTICLE 320-326-B possession of another.
REPEALED BY PD 1613 3. Brothers and sisters and brothers in law
PD 1613-AMENDING THE LAW ON ARSON and sisters in law, if living together.
4. Stepfather, adopted father, natural
Kinds of Arson: children, concubine, paramour included as
1. Destructive arson(Art. 320, as amended by RA ascendants by affinity.
No. 7659)
(Structures: both public and private, The crimes against chastity which
hotels, buildings, edifices, trains, vessels, aircraft, Cannot be prosecuted de officio are:
factories ad military and government
establishments.) a. Adultery (Art. 333)
2. Simple arson(Sec. 3, PD No.1613) b. Concubinage (Art. 334)
(Houses, dwellings, farms, mills, c. Acts of lasciviousness with or without consent
plantations, railways, bus stations, airports, (Arts. 336, 339)
wharves and other industrial establishments. d. Seduction whether qualified or simple(Arts. 337,
338),
e. Abduction which may be forcible or consented
ARTICLE 327 (Arts. 342, 343)
 with an intent to abuse, humiliate, harass,
CHAPTER ONE: degrade, or arouse or gratify the sexual desire
ADULTERY AND CONCUBINAGE of any person; bestiality, masturbation, lascivious
(ARTS. 333-334) exhibition of the genitals or pubic area of a
person.”
ARTICLE 333
ADULTERY Elements:
1.That the offender commits any act
Elements: of lasciviousness or lewdness;
1. That the woman is married; 2. That the act of lasciviousness is committed
2. That she has sexual intercourse with a against a person of either sex;
man not her husband; 3. That it is done under any of the following
3. That as regards the man with whom she circumstances: a. By using force or intimidation
has sexual intercourse, he must know b. When the offended party is deprived of
her to be married reason or otherwise unconscious
c. By means of fraudulent machination or
ARTICLE 334 grave abuse of authority
CONCUBINAGE d. When the offended party is under
12years of age or is demented.
Elements:
1. That the man must be married;
2. That he committed any of the following ARTICLE 337
acts: QUALIFIED SEDUCTION
a. Keeping a mistress in the conjugal
dwelling (mistress must live therein as such); Two classes:
b. Having sexual intercourse 1. Seduction of a virgin over 12 years and under 18
under scandalous circumstances with a woman years of age by persons who abuse their authority
who is not his wife or the confidence reposed.
c. Cohabiting with her in any other ; 2. Seduction of a sister by her brother
3. As regards to the woman, she must know him to or descendant by her ascendant, regardless of her
be married. age and reputation

ARTICLE 338
ARTICLE 336 SIMPLE SEDUCTION
ACTS OF LASCIVIOUSNESS
Elements:
Lascivious Conduct 1. That the offended party is over 12 and under 18
“The intentional touching, either directly years of age;
or through clothing, of the genitalia, anus, groin, 2. That she must be of good reputation, single or
breast, inner thigh or buttocks; or the introduction widow;
of any object into the genitalia, anus or mouth of 3. That the offender has sexual intercourse with
any person, whether of the same or opposite sex, her;
4. That it is committed by means of deceit.

Two Kinds of Abduction:

1. Forcible abduction (Art. 342)
2. Consented abduction (Art. 343)

ARTICLE 339 ARTICLE 342

ACTS OF LASCIVIOUSNESS WITH FORCIBLE ABDUCTION
THE CONSENT OF THE OFFENDED PARTY
Elements:
Elements: 1. That the person abducted is a woman;
1. That the offender commits acts regardless of her age, civil status, or reputation;
of lasciviousness or lewdness; 2. That the abduction is against her will;
2. That the acts are committed upon a 3. That the abduction is with lewd design.
woman who is a virgin or single or a
widow of good reputation, under 18 years ARTICLE 343
of age but over 12 years, or a sister CONSENTED ABDUCTION
or descendant regardless of her
reputation or age; Elements:
3. That the offender accomplishes the acts by 1. That the offended party must be a virgin;
abuse of authority, confidence, relationship or 2. That she must be over 12 and under 18years if
deceit. age;
3. That the taking away of the offended party must
be with her consent, after solicitation or cajolery
from the offender;
ARTICLE 340 4. That the taking away of the offended party must
CORRUPTION OF MINORS be with lewd designs.
(AS AMENDED BY BP 92)

Prohibited acts
– to promote or facilitate the prostitution
or corruption of persons under age to satisfy the
lust of another.
The victim must be of good reputation ARTICLE 349
and not a prostitute or corrupted person. BIGAMY

Special Protection of Children Elements:

Against Child Abuse Act 1. That the offender is legally married;
2. That the marriage has not been dissolved or, in
(R.A. 7610) case the spouse is absent the absent spouse could
– Child prostitution and attempt to commit child not yet be presumed dead according to the Civil
prostitution are punished under this Act. Code;
3. That he contracts a second marriage ARTICLE 358
or subsequent marriage; and Slight Oral Defamation
4. That the second or subsequent marriage has all
the essential requisites for validity. ARTICLE 359
Slander by Deed, Grave or Slight
ARTICLE 355
LIBEL ARTICLE 363
Incriminating Innocent Person
Elements of Defamation:
1. Defamatory Statement ARTICLE 364
2. Malice Intriguing Against Honor
3. Publication
4. Identity of the person Defamed
Revised Penal Code
Libel is committed by means of writing, printing, Book Two
lithography, engraving, radio, phonograph, CRIMES and PENALTIES
painting, theatrical exhibition, cinematographic
exhibition, or any other similar means. Crimes Against National Security:
1. Treason
2. Conspiracy and Proposal to Commit
R.A No. Cyber Crime Prevention Act of 2012 Treason
3. Misprision of Treason
4. Espionage
ARTICLE 354
Qualified Privileged Communication Crimes against the Law of Nations:
1. Inciting to war or giving motives for
Qualified Privileged Communication: reprisals
1. A private communication made by any 2. Violation of Neutrality
person to another in the performance of 3. Correspondence with hostile country
any legal, moral or social duty; 4. Flight to enemy’s country
2. A fair and true report, made in good faith, 5. Piracy in general and mutiny on the high
without any comments or remarks, of any seas or in Philippine Waters
judicial, legislative or other official
proceedings;
3. Commentaries on matters of public Article 114. Treason
interest; - a breach of allegiance to a government,
4. Criticisms on acts of public figures. committed by a person who owes allegiance to it

Elements:
ARTICLE 358 1. That the offender owes allegiance to the
Grave Oral Defamation Government of the Philippines;
 (a Filipino citizen or an alien residing in Rebellion vs. Treason
the Philippines.) Rebellion Treason
2. That there is a war in which the Philippines is
involved; Crimes Against Public Crimes Against
3. That the offender either (modes of committing) Order National Security

1. To remove from The delivery of

a. Levies war against the government; or the allegiance to the Philippines to
b. Adheres to the enemies, giving them said Government a foreign power.
aid or comfort. or the laws of the
territory of the
Philippines of any
body of land,
naval or other
Modes of Committing armed forces; or
1. Levying War 2. TO deprive the
Treason vs. Rebellion Chief Executive or
Treason: The purpose of levying war is to help the Congress or any
enemy. of their powers
Rebellion: Such purpose is not necessary. (e.g.civil
In times of peace In times of war
uprising)
Only in the Philippines In the Philippines
2.Adherence to the enemies, giving them aid and or elsewhere
comfort
(Both act must concur) Any person Only by a Filipino
Ex: Giving information to or commandeering citizen or an alien
foodstuffs for the enemy is evidence of both residing in the
adherence and aid or comfort. Philippines

Ways of Proving Treason:

1. Testimony of two witnesses, at least, to
the same overt act
Human Security Act of 2007
(two-witness rule)
Republic Act No. 9372
2. Confession of guilt by the accused in open court.

Terrorism
Article 114. Treason
– refers to any act punishable under the
Acts of Aid and Comfort
provision of the Revised Penal Code and Special
Penal Laws which sows and creates a condition of
2. Acting as “finger woman” when a barrio was
widespread and extraordinary fear and panic
“zonified” by the Japanese, pointing out the
among the populace, in order to coerce the
Japanese several men whom she accused as
government to give in to an unlawful demand.
guerillas

Crimes related to Terrorism:

 1. Piracy 5. Murder 2. By seizing in the vessel while on the high seas or
2. Rebellion 6. Crimes in Philippine waters the whole or part of its cargo,
Involving Destruction its equipment or personal belongings of its
3. Coup d’etat complement or passengers.
4. Kidnapping
ARTICLE 122
PIRACY IN GENERAL AND MUTINY
Article 117. Espionage ON THE HIGH SEAS

Espionage Elements:
– the offense of gathering, transmitting, 1. That a vessel is on the high seas or on Philippine
or losing information respecting the national waters;
defense with intent or reason to believe that the 2. That the offenders are NOT members of its
information is to be used to the injury of the complement or passengers of the vessel;
Republic of the Philippines or to the advantage of a 3. That the offenders:
foreign nation. a. Attack or seize the vessel; or
b. Seize the whole or part of the cargo
SECTION TWO: PROVOKING WAR AND of said vessel, its equipment or personal
DISLOYALTY IN CASE OF WAR belongings of its complement
or passengers.
SECTION THREE: PIRACY AND MUTINY ON THE
HIGH SEAS
ARTICLE 123
QUALIFIED PIRACY
ARTICLE 122 (Special Complex Crime)
PIRACY IN GENERAL AND MUTINY
ON THE HIGH SEAS Qualifying Circumstances:
1. Whenever the offenders have seized the vessel
Piracy by boarding or firing upon the same;
– it is robbery or forcible depredation on the high 2. Whenever the pirates have abandoned their
seas, without lawful authority and done with victims without means of saving themselves;
“animo furandi” and in the spirit and intention of 3. Whenever the crime is accompanied by murder,
universal hostility. homicide, physical injuries, or rape.

ARTICLE 122 REPUBLIC ACT NO. 6235

PIRACY IN GENERAL AND MUTINY ANTI-HIJACKING LAW
ON THE HIGH SEAS
Meaning of “aircraft is in flight”
Two ways or modes of committing piracy: - from the moment all exterior doors are
1. By attacking or seizing a vessel on the high seas closed following embarkation until the same doors
or in Philippine waters; are again opened for disembarkation.
 PROHIBITION, INTERRUPTION, AND DISSOLUTION
REPUBLIC ACT NO. 6235 OF PEACEFUL MEETING AND CRIMES AGAINST
ANTI-HIJACKING LAW RELIGIOUS WORSHIP (ARTS.124-133

Acts Punished ARTICLE 124

1. Usurping or seizing control ARBITRARY DETENTION
of an aircraft of Philippine registry while it is in
flight; or compelling the pilots thereof to change Elements:
its course or destination; 1. That the offender is a public
2. Usurping or seizing control officer or employee;
of an aircraft of foreign registry, while within 2. That he detains a person;
Philippine territory, or compelling the pilots 3. That the detention is without legal ground
thereof to land in any part of Philippine territory;

ARTICLE 124
ARBITRARY DETENTION

Legal grounds for the detention of persons:

1. The commission of a crime
2. Violent insanity or other ailment requiring
TITLE TWO:CRIMES AGAINST THE FUNDAMENTAL compulsory confinement of the patient in a
LAW OF THE STATE hospital

All offenses in this Title are required to be The public officer liable for arbitrary detention
committed by public officers except offending the must be vested with authority to detain or order
religious feelings. the detention of persons accused of a crime, but
when they detain a person they have no legal
Art. 203. Who Are Public Officers. - For the purpose grounds therefor.
of applying the provisions of this and the If the detention is perpetrated by
preceding titles of this book, any person who, by other public officers NOT vested with authority or
direct provision of the law, popular election or any private individual, the crime committed is
appointment by competent authority, shall take illegal detention
part of the performance of public functions in the (Art. 267 or 268).
Government of the Philippine Islands, or shall Arrest without a warrant is the usual
perform in said Government or in any of its cause of arbitrary detention. The crime
branches public duties as an employee, agent or of unlawful arrest is, however, absorbed in the
subordinate official, of any rank or class, shall be crime of arbitrary detention.
deemed to be a public officer.
Sec. 5, Rule 113
Revised Rules of Criminal Procedure
CHAPTER ONE: ARBITRARY DETENTION OR
EXPULSION, VIOLATION OF DWELLING,
1. When, in his presence, the person to be The detention is illegal The detention is legal
arrested has committed, is actually committing, or from the beginning in the beginning, but
is attempting to commit an offense; the illegality of the
detention starts from
the expiration of any
2. When an offense has in fact just been
of the periods
committed, and he has probable cause to believe
based on personal knowledge of facts and
circumstances that the person to be arrested has
committed it;
3. When the person to be arrested is a
prisoner, has escaped from a penal establishment, ARTICLE 127
or place where he is serving final judgment or EXPULSION
temporarily confined while his case is pending, or
has escaped while being transferred from one Two acts punished:
confinement to another. 1. By expelling a person from the
ARTICLE 125 Philippines;
DELAY IN THE DELIVERY OF DETAINED PERSONS 2. By compelling a person to change his
TO THE PROPER JUDICIAL AUTHORITIES residence.

Elements: Elements:
1. That the offender is a public officer 1. That the offender is a public officer
or employee; or employee;
2. That he has detained a person for some legal 2. That he expels any person from the Philippines,
ground(Sec. 5, Rule 113, Rules of Court); or compels a person to change his residence;
3. That he fails to deliver such person to the 3. That the offender is not authorized to do so by
proper judicial authorities within: law.
a.
12 hrs. for offenses punishable by light ARTICLE 128
penalties or their equivalent. VIOLATION OF DOMICILE
b. 18 hrs. for offenses punishable by
correctional penalties or their equivalent. Acts Punished
c. 36 hrs. for offenses punishable by 1. By entering any dwelling against the will of the
afflictive penalties or their owner thereof;
equivalent 2. By searching papers or other effects found
therein without the previous consent of such
owner;
Arbitrary Detention vs. Delay in the Delivery 3. By refusing to leave the premises, after having
surreptitiously entered said dwelling and after
Arbitrary Detention Delay in the Delivery having been required to leave the same.

No warrant of Arrest No warrant of Arrest, Common elements:

but with legal ground
1. That the offender is public officer or employee;
2. That he is not authorized by judicial order to Instances when a warrantless search
enter the dwelling and/ or to make a search for and seizure is valid:
papers and for other effects. 1. Consented searches;
2. As an incident to a lawful arrest;
3. Searches of vessels and aircraft for violation of
immigration, customs, and drug laws;
4. Searches of moving vehicles;
Qualifying circumstances: 5. Searches of automobiles at borders
1. If committed at nighttime; or constructive borders;
2. If any papers or effects, not constituting 6. Where the prohibited articles are in "plain
evidence of a crime are not returned immediately view";
after a search is made by the offender. 7. Searches of buildings and premises to enforce
fire, sanitary, and building regulations; and
ARTICLE 129 8. "stop and frisk" operations.
SEARCH WARRANTS MALICIOUSLY OBTAINED
AND ABUSE IN THE SERVICE OF THOSE LEGALLY ARTICLE 130
OBTAINED SEARCHING DOMICILE WITHOUT WITNESSES

Acts Punished: Elements:

1. Procuring a search warrant without just cause 1. That the offender is a public
Elements: officer or employee;
a. That the offender is a public officer or employee; 2. That he searches the domicile, papers or other
b. That he procures a search warrant; belongings of any person;
c. That there is no just cause. 3. That he is armed with a warrant;
4. That the owner or any member of his family or
2. Exceeding his authority or by using unnecessary two witnesses residing in the same locality are not
severity in executing a search warrant legally present.
procured
Elements:
a. That the offender is a public officer or employee;
b. That he has legally procured a search warrant;
c. That he exceeds his authority or uses
unnecessary severity in executing the same.

Search warrant Violation of Domicile vs. Search Warrant

Maliciously Obtained vs. Searching Domicile
– is an order in writing issued in the name of the Without Witnesses
People of the Philippines, signed by the judge and
directed to a peace officer, commanding him to Violation Search Searching
search for personal property described therein and of Warrant Domicile
bring it before the court. Domicile Maliciously Without
 Obtained Witnesses Title 3:
Crimes Against Public Order
There is no The Public There was abuse
search Officer is in the ARTICLE 134
warrant armed with a implementation
REBELLION/ INSURRECTION
warrant but of a valid search
such was warrant
maliciously Elements:
obtained 1. That there be:
a. Public uprising; and
b. Taking up of arms against the
government.
SECTION THREE: PROHIBITION,INTERRUPTION, 2. For the purpose of:
AND DISSOLUTION OF PEACEFUL MEETINGS a. Removing from the allegiance to said
Government or its laws:
SECTION FOUR: i. The
CRIMES AGAINST territory of the Philippines, or any part thereof; or
RELIGIOUS WORSHIP ii. Any body of land, naval or
other armed forces; or
ARTICLE 132 b. Depriving the Chief Executive
INTERRUPTION OF RELIGIOUS WORSHIP or Congress, wholly or partially, of any of their
powers or prerogatives.
Elements:
1. That the offender is a public officer
or employee; Rebellion
2. That religious ceremonies or manifestations of - more frequently used where the object of
any religion are about to take place or are going the movement is to completely overthrow and
on; supersede the existing government. It is a crime of
3. That the offender prevents or disturbs the same. the masses, of the multitude. It is a vast
movement of men and a complex network of
ARTICLE 133 intrigues and plots.. It may constitute other crimes
OFFENDING RELIGIOUS FEELINGS like sedition or kidnapping.

Elements: Insurrection
1. That the acts complained of were performed: - more commonly employed in reference
a. In a place devoted to religious worship to a movement which seeks merely to effect some
(not necessary that there is a religious change of minor importance, or to prevent the
worship); or b. During the celebration of exercise of governmental authority with respect to
any religious ceremony; particular matters or subjects.
2. That the acts must be notoriously offensive to
the feelings of the faithful.
ARTICLE 134-A
COUP D’ETAT
 c. To inflict any act of hate or revenge upon
Elements: the person or property of any public
1. That the offender is a person or officer or employee;
persons belonging to military or police or holding d. To commit, for any political or social end ,
any public office or employment; any act of hate or revenge against
2. That it is committed by means of a swift private persons or any social class;
attack, accompanied by violence, intimidation, e. To despoil, for any political or social end,
threat, strategy, or stealth; any person or the government of all its
3. That the attack is directed against duly property or any part thereof.
constituted authorities of the Republic of the
Philippines or any military camp, or installation, or
communication networks, public utilities or other
facilities needed for the exercise and continued
possession of power;
4. That the purpose of the attack is ARTICLE 140
to seize or diminish state power. PENALTY FOR SEDITION

ARTICLE 136 ARTICLE 141

CONSPIRACY & PROPOSAL TO COMMIT CONSPIRACY TO COMMIT SEDITION
REBELLION, INSURRECTION
OR COUP D’ ETAT ARTICLE 142
INCITING TO SEDITION
ARTICLE 139
SEDITION
CHAPTER TWO: CRIMES AGAINST POPULAR
Elements: REPRESENTATION
1. That the offenders rise: (ARTS. 143-145)
a. Publicly; and
b. Tumultuously; Illegal Assemblies and Association
2. That they employ force, intimidation,
or other means outside of legal methods; CHAPTER FOUR:
ASSAULT UPON, AND RESISTANCE &
3. That the offenders employ any of those means DISOBEDIENCE TO, PERSONS IN AUTHORITY AND
to attain any of the following objects: THEIR AGENTS
a. To prevent the promulgation or execution (ARTS. 148-152)
of any law or the holding of any
popular election;
b. To prevent the government or any public
officer from freely exercising its or his ARTICLE 152
functions, or prevent the execution of any PERSONS IN AUTHORITY &
Administrative Order; AGENTS OF PERSONS IN AUTHORITY
 Public Person in Agent of a 3. Postmaster
Officer (PO) Authority (PA) Person in 4. Rural Policeman(Brgy. Tanod)
Authority 5. Sheriff
(APA) 6. Agents of the BIR
7. Malacañang Confidential Agent
Any person Any person Any person
who takes directly vested who, by 8. Brgy. Chief Tanod
part in the with direct
performance jurisdiction, provision of
of public whether as an law or by ARTICLE 148
functions in individual or election or by DIRECT ASSAULT
the as a member appointment
government. of some court by competent
Two ways to commit:
or authority, is
governmental charged with 1. Without public uprising, by employing
corporation, the force or intimidation for the attainment of any of
board or maintenance the purposes enumerated in defining the crimes
commission. of public of sedition & rebellion
order and the
protection
Elements:
and security
a. That the offender employs force
of life and
property. or intimidation;
b. That the aim of the offender is to attain
any of the purposes of the crime of rebellion or
any of the objects of the crime of sedition;
ARTICLE 152 c. That there is no public uprising
PERSONS IN AUTHORITY &
AGENTS OF PERSONS IN AUTHORITY 2. Without public uprising, by attacking,
by employing force or seriously intimidating or by
The Following are persons in authority: seriously resisting any person in authority (PA) or
1. The municipal mayor any of his agents (APA), while engaged in the
2. Division Superintendent of Schools performance of official duties, or on the occasion
3. Public and private teachers of such performance.
4. Teacher-Nurse
5. President of Sanitary Division
6. Provincial Fiscal Elements:
7. Justice of the Peace a. That the offender:
8. Municipal Councilor i. Makes an attack, ii. Employs force
9. Barrio Captain and Barangay Chairman iii. Makes a serious resistance iv. Makes
a serious resistance
The Following are agents of persons in authority: b. That the person assaulted is a person in
1. Policeman authority or his agent;
2. Municipal Treasurer c. That at the time of the assault the person in
authority or his agent: 1. is engaged in the actual
performance of official duties, or that he is THE NAT’L ASSEMBLY, ITS COMMITTEES
assaulted, 2. by reason of the past performance of OR SUBCOMMITTEES, BY THE CONSTITUTIONAL
official duties. COMMISSION, ITS COMMITTEES, SUBCOMMITTEE
d. That the offender knows that the one he is OR DIVISIONS
assaulting is a person on authority or his agent on
the exercise of his duties.
e. That there is no public uprising. CHAPTER FIVE: PUBLIC DISORDER
(ARTS. 153-156)

Considered NOT in the actual performance of

official duties:
1. When the PA or APA exceeds his
powers or acts without authority; ARTICLE 154
2. Unnecessary use of force or violence; UNLAWFUL USE OF MEANS OF PUBLICATION AND
3. Descended to matters which are UNLAWFUL UTTERANCES
private in nature.
Two kinds of direct assault of the second form:
1. Simple assault 2. Qualified assault ARTICLE 155
Direct assault is qualified when: ALARMS & SCANDALS
1. Committed with a weapon;
2. Offender is a public officer or employee; Acts punished:
3. Offender lays hands upon a person in authority 1. Discharging any firearm, rocket,
firecracker, or other explosive within any town or
public place, which produces alarm or danger;
ARTICLE 149 2. Instigating or taking an active part
INDIRECT ASSAULT in any charivari or other disorderly meeting
offensive to another or prejudicial to public
Elements: tranquility;
3. Disturbing the public peace while
1. That a PA or an APA is the victim of any of the wandering about at night or while engaged in any
forms of direct assault defined in Art.148; other nocturnal amusements;
2. That a person comes to the aid of the APA; 4. Causing any disturbance or scandal in
3. That the offender makes use of force public places while intoxicated or otherwise,
or intimidation upon such person coming to the provided Art. 153 is not applicable.
aid of the APA.
- Indirect assault can be committed only
when a direct assault is also committed. Act Crime Committed
- The offended party in indirect assault
maybe a private person. Firearm is fired or Alarm and Scandal
discharged and is not
pointed to a particular
ARTICLE 150
person.
DISOBEDIENCE TO SUMMONS ISSUED BY
 Prisoner: Prisoner:
Firearm is discharged Illegal discharge of May be a convict or a May be a convict or a
and is pointed to a firearm detainee detainee
particular person but
the offender has no
intention whatsoever
to kill the person. CHAPTER SIX:
EVASION OF SERVICE OF SENTENCE
Firearm is discharged Attempted or
(ARTS. 157-159)
and is pointed to a Frustrated Homicide
particular person with or Murder
the offender having in Elements:
mind the intention to
kill the offended party. 1. That the offender is a convict by final judgment;

2. That he is serving his sentence, which consists in

deprivation of liberty;

3. That he evades the service of his sentence by

escaping during the term of his sentence.

ARTICLE 156
ARTICLE 158
DELIVERING PRISONERS FROM JAIL
EVASION OF SENTENCE ON THE OCCASION OF
DISORDERS,CONFLAGRATIONS,
Elements:
EARTHQUAKES,OR OTHER CALAMITIES
1. That there is a person confined in a jail
or penal establishment;
Elements:
2. That the offender removes such person
1. That the offender is a convict by
, or
final judgment, and is
helps the escape of such person.
confined in a penal institution;
2. That there is disorder, resulting from:
a. Conflagration,
Delivering Prisoners Infidelity in the
b. Earthquake,
from Jail Custody of Prisoners
c. Explosion,
Offender: Offender: d. Similar catastrophe,
usually committed by public officer who e. Mutiny in which he has not
an outsider. It may also had the prisoner in participated;
apply to an employee his custody or charge 3. That the offender leaves the penal institution
of the penal who was in where he is confined, on the occasion of such
establishment, connivance with the
disorder or during the mutiny;
provided he does not prisoner in the
have custody or charge latter’s escape 4. That the offender fails to give himself up to the
of such person. authorities within 48 hrs. following the issuance of
a proclamation by the Chief Executive announcing committed. either
the passing away of such calamity. estafa
or falsification only,
because in this type
of falsification, an act
ARTICLE 159
independent
OTHER CASES OF EVASION OF SENTENCE of falsification is
(CONDITIONAL PARDON) required to show
intent to defraud.
Elements:
1. That the offender was a convict;
2. That he was granted a conditional pardon by the
Chief Executive; Article 172 Article 171
3. That he violated any of the conditions of such
The prejudice to a Prejudice to third
pardon.
third party is taken person is immaterial;
into account so that what is punished is
SECTION FOUR: if damage is not the violation of public
FALSIFICATION OF LEGISLATIVE, PUBLIC, apparent, or at least if faith and the
COMMERCIAL AND PRIVATE DOCUMENTS AND with no intent to perversion of truth
WIRELESS,TELEGRAPH AND TELEPHONE cause it, the
MESSAGES falsification is not
punishable

Acts punished:
1. Falsification of public, official
or commercial document by a private CHAPTER TWO:
individual OTHER FALSITIES (ARTS.177- 184)
2. Falsification of private document by any
person ARTICLE 177
3. Use of falsified documents USURPATION OF AUTHORITY OR OFFICIAL
FUNCTIONS
Two offenses contemplated in Art. 177:
1. Usurpation of authority
Falsification as a Means to Commit Estafa 2. Usurpation of official functions

Falsification Falsification
of Public/Official of Private Document
or Commercial
Document

When committed as a Even when ARTICLE 178

necessary means to committed as a USING FICTITIOUS NAME AND
commit necessary means to CONCEALING TRUE NAME
estafa, commit
complex crime is estafa, the crime is
Using Fictitious Name Concealing True Name

Element of publicity Element of publicity is

must be present. not necessary.

The purpose is either The purpose is merely

to conceal a crime, to to conceal identity.
evade the execution
of a judgment, or to
cause damage