BOOK ONE

CRIMINAL LAW, defined. It is that branch or division of municipal law which defines crimes, treats of their nature, and provides for their punishment. Nature of Criminal Law:

1.

SUBSTANTIVE LAW---it defines the State’s right to inflict punishment and the liability of the offenders. 2. PUBLIC LAW---it deals with the relation of the individual with the state. CRIME, defined. It is an act committed or omitted in violation of a public law forbidding or prohibiting it.

The state has the authority, under its POLICE POWER, to define and punish crimes and to lay down the rules on procedure. PHILOSOPHIES CLASSICA L 1. the basis of criminal liability is human free will and the purpose of the penalty is retribution POSITIV IST 1. That man is subdued occasionally by a strange and morbid phenomenon which constrains him to do wrong in spite of or contrary to his volition. 2. That crime is essentially a social and natural phenomenon, and as such, it cannot be treated and checked by the application of abstract principles of law and jurisprudence or by the imposition of a punishment, fixed and determined a priori; BUT RATHER through the enforcement of individual measures in each particular case. MIXED/ ECLECTIC 1. This combines both positivist and classical thinking.

2. That man is essentially a moral creature with an absolute free will to choose between good and evil, thereby placing more stress upon the effect or result of the felonious act done upon the man, the criminal himself.

2. Crimes that are economic and social in nature should be dealt with in a positivist manner, thus the law is more compassionate.

3. It has endeavored to establish a mechanical and direct proportion between crime and penalty. 4. There is a scant regard to the human element.

3. Heinous crimes should be dealt with in a classical manner, thus capital punishment.

LIMITATIONS IN THE ENACTMENT OF PENAL LAWS (GEB-CUE):

1.

Penal laws must be general in application. equal protection clause of the constitution.

Otherwise, it would violate the

2.

Penal laws must NOT partake of the nature of an ex post facto law.

An ex-post facto law is one which (MACAAdD): • Makes criminal an act done before the passage of the law and which was innocent when done, and punishes such an act. • Aggravates a crime, or makes it greater than it was, when committed. • Changes the punishment and inflicts a greater punishment than the law annexed to the crime when committed. • Alters the legal rules on evidence, and authorizes conviction upon less or different testimony than the law required at the time of the commission of the offense. • Assuming to regulate civil rights and remedies only in effect imposes penalty or deprivation of a right for something which when done was lawful • Deprives a person accused of a crime some lawful protection to which he has become entitled, such as the protection of a proclamation of amnesty.

3. Penal laws must NOT partake of the nature of a bill of attainder. • BILL OF ATTAINDER. It is a legislative act which inflicts punishment without trial.
Its essence is the substitution of a legislative act for a judicial determination of guilt.

4. Penal laws must NOT impose cruel and unusual punishment or excessive fine.
CHARACTERISTICS OF CRIMINAL LAW 1. GENERALITY “Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in Philippine territory, subject to the principles of public international law.” (Article 14, New Civil Code)


It applies to all persons within the country regardless of their race, belief, sex, or creed. EXCEPTION:

1. By virtue of the principles of public international law, like (SC-APRC). • Sovereign and other chief of state. • Ambassadors, ministers plenipotentiary, ministers resident, and charges d’affaires.

• N.B. Consuls are NOT diplomatic officers. This includes consul general, vice-consul or any consul in a foreign country, who are therefore NOT immune to the operation or application of the penal law of the foreign where they are assigned. 2. Law of Preferential Application It is NOT applicable when the foreign country adversely affected does not provide similar protection to our diplomatic representatives, under the PRINCIPLE OF RECIPROCITY. 2. TERRITORIALITY Criminal laws undertake to punish crimes committed within Philippine territory. Penal laws of the country have force and effect only within its territory. It CANNOT penalize a crime committed outside the country.

EXCEPTION: Article 2, Revised Penal Code, which provides that its provisions shall be enforced outside of the jurisdiction of the Philippines against those who: 1. Should commit an offense while on a Philippine ship or airship; 2. Should forge or counterfeit any coin or currency note of the Philippines or obligations and securities issued by the Government of the Philippines; 3. Should be liable for acts connected with the introduction into the Philippines of the obligations and securities mentioned in the preceding number;

4. While being public officers or employees, should commit an offense in the exercise of their functions; or 5. Should commit any of the crimes against national security and the law of nations, defined in Title One of Book two of the Revised Penal Code. EXTRATERRITORIALITY [ARTICLE 2, Revised Penal Code] This is the application of the Revised Penal Code outside Philippine territory. Situations where a foreign country may not apply its criminal law even if a crime was committed on board a vessel within its territorial waters: a. when the crime is committed in a war vessel of a foreign country, because war vessels are part of the sovereignty of the country to those naval force they belong; b. When the foreign country in whose territorial waters the crime was committed adopts the FRENCH RULE, which applies only to merchant vessel, EXCEPT when the crime committed affects the national security or public order of such foreign country. FRENCH RULE---the nationality of the vessel follows the flag which the vessel flies, unless the crime committed endangers the national security of a foreign country where the vessel is within jurisdiction in which case such foreign country will never lose jurisdiction over such vessel. ENGLISH/ ANGLO-SAXON RULE---this rule strictly enforces the territoriality of criminal law. The law of the foreign country where a foreign vessel is within its jurisdiction is strictly applied, except if the crime affects only the internal management of the vessel in which case it is subject to the penal law of the country where it is registered.

Composition of territory:

1. TERRITORIAL JURISDICTION---the jurisdiction exercised of a country over bodies of land, 2. 3.
defines in the constitution. FLUVIAL JURISDICTION---the jurisdiction over maritime and interior waters. AERIAL JURISDICTION---the jurisdiction over the atmosphere. Three Theories on Aerial Jurisdiction:

1. OPEN SPACE THEORY---which the atmosphere over the country is free and NOT subject to 2. 3.
the jurisdiction of the subjacent state EXCEPT for the protection of its national security and public order. DELATIVE THEORY---the subjacent state exercises jurisdiction ONLY to the extent that it can effectively exercise control thereof. ABSOLUTE THEORY---the subjacent state has complete jurisdiction over the atmosphere above it SUBJECT ONLY to innocent passage by aircraft of foreign country.

ARCHIPELAGO DOCTRINE OR ARCHIPELAGIC RULE. Under this doctrine, we connect the outmost points of our archipelago with straight baselines and waters enclosed thereby as internal waters. The entire archipelago is regarded as one integrated unit instead of being fragmented into so many thousand islands. As for our territorial seas, these are more defined according to the Jamaica Convention on the Law of the Seas, concluded in 1982, in which the Philippines was a signatory. 3. PROSPECTIVITY

A penal law cannot make an act punishable in a manner in which it was not punishable when committed. “Without prejudice to the provisions contained in Article 22 of this Code, felonies and misdemeanors, committed prior to the date of effectivity of this Code shall be punished in accordance with the Code or Act in force at the time of their commission.” (Article 366, Revised Penal Code)

PROSPECTIVITY is the equivalent of IRRETROSPECTIVITY.

those who are not habitual delinquents even if they are already serving their sentence will receive the benefit of the repealing law. PARTIAL OR RELATIVE REPEAL---when the crime punished under the repealed law continues to be a crime in spite of the repeal. 2. then he will be entitled to a release UNLESS there is a reservation clause in the penal law that it will not apply to those serving sentence at the time of the repeal. In cases already decided and as to those already serving sentence by final judgment. Therefore. 2. EXCEPTION to the EXCEPTION: • 1. it shall be the one applied to him. the same shall be dismissed. 2. 2. the repealing law will be the one to apply UNLESS there is a saving clause in the repealing law that it shall not apply to pending causes of action. then the crime still remains to be a crime. it is wrong only because there is a law that punishes the same. MALA IN SE AND MALA PROHIBITA Mala In Se---the act is inherently evil or bad per se. Malum Prohibitum---the act penalized is not inherently wrong. the subsequent repeal of the repealing law will revive the original law. it can be given a retroactive effect. such that the two laws cannot stand together one of the two laws must give way. Cases pending in court involving the violation of the repealed law. IMPLIED---takes place when there is a law on a particular subject matter but is inconsistent with the first law. This is so because all persons accused of a crime are presumed innocent until they are convicted by final judgment. it will be the repealing law that will henceforth apply to them. But if there is no reservation. As to those already serving sentence in jail---even if the repealing law is partial. They are entitled to release. or wrongful. even though the accused may be a habitual delinquent. . • CONSEQUENCES: 1. IT IS NOT FAVORED. Significance: If a penal law is impliedly repealed. Significance: if the repeal was express. REPEAL Kinds of Repeal: 1. the repeal of the repealing law will not survive the first law. • CONSEQUENCES: 1. so if the repeal is more lenient to them. 4. ABSOLUTE OR TOTAL REPEAL---when the crime punished under the repealed law has been decriminalized by the same. So the act or omission which was punished as a crime under the original law will be revived and the same shall again be crimes although during the implied repeal they may not be punishable. Where the offender is a habitual delinquent. EXPRESS---takes place when a subsequent law contains a provision that such law repeal was earlier enactment. in accordance with the Doctrine of Pro-Reo.• EXCEPTION: Whenever a new statute dealing with the crime establishes conditions more lenient or favorable to the accused. if the convict is not a habitual delinquent. Where the new law is expressly made inapplicable in pending actions or existing cause of action. the accused shall be acquitted. if the case is still pending in court. so this means the repeal merely modified the conditions affecting the crime under the repealed law. Those who are not habitual delinquents will benefit on the effect of that repeal. So whether he is a habitual delinquent or not. Pending prosecution---if the repealing law is more favorable to the offender. so the act or omission will no longer be penalized. 3.

is equivalent to malice which is the intent to do injury to another. but not from the proof of the commission of an act which is not unlawful. When there are more than one offender. 3. defined. - The acts or omissions are voluntary. it being unnecessary that the same be actually produced as the possibility of its production is sufficient. frustrated. the failure to perform a positive duty that one is bound to do. That the act or omission must be punishable by the Revised Penal Code. . it is enough that the prohibited act be voluntarily done. UNLESS the crime is the result of culpa. Good faith is NOT a defense. if the act punished is one which is inherently wrong. Elements of Felonies in general: 1. 2. Omission. Dolo. and consummated stages in the commission of a crime. 2.inaction. 2. defined. Criminal intent on the part of the offender. Thus. Elements (CFI): 1. Intent presupposes the exercise of freedom and the use of intelligence. Freedom of action in doing the act on the part of the offender. If the crime is punished under a special law.• Violations of special laws are mala prohibita. 3. the degree of participation of each in the commission of the crime is taken into account of imposing the penalty. The act gives rise to a crime ONLY when it is consummated. Intelligence on the part of the offender in doing the act. Criminal liability Is based on the moral trait of the offender that is why liability would only arise when there is dolo or culpa in commission of the punishable act. Felonies are acts or omissions punishable by the Revised Penal Code. the same is malum in se. Mitigating and aggravating circumstances are NOT taken into account in imposing the penalty. The moral trait of the offender is NOT considered. and accessory. MALA PROHIBITA 1. accomplice. there are attempted.any bodily movement tending to produce some effect in the external world. There must be a law requiring the doing or performance of an act. 3. 2. and therefore. because the moral trait of the offender is not considered. INFRACTIONS. and 3. The existence of intent is shown by the overt acts of the person. 4. Criminal intent is presumed from the commission of an unlawful act. That the act is performed or the omission incurred by means of dolo or culpa. Thus offenders are classified as principals. 5. the degree of accomplishment of the crime is taken into account in punishing the offender. The degree of participation of any offender is NOT considered. Act. That there must be an act or omission. Title 1 FELONIES AND CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY FELONIES. 4. Good faith or lack of criminal intent is a valid defense. good faith and lack of criminal intent is a valid defense UNLESS it is the product of criminal negligence or culpa. MALA IN SE 1. Infractions are acts or omissions punishable by an ordinance.

distinct from intent. 2. But a crime maybe committed without motive. 4. The prosecution has the burden of proof. The mistake of the accused in performing the act must be lawful. categorized into two: 1. That the intention of the accused in performing the act be lawful.Criminal Intent. It is the design to resolve or the determination by which a person acts. par. Intent is manifested by the instrument used by the offender. criminally liable because he did not act with criminal intent. a crime cannot be committed without intent. That the mistake must be without fault or carelessness on the part of the accused. Criminal negligence on the part of the offender—the crime was the result of negligence. MISTAKE OF FACT It is the misapprehension of fact on the part of the person who caused injury to another. INTENT vs. That the act done would have been lawful had the facts been as the accused believed them to be. or lack of skill. General Specific Intent---is presumed from the mere doing of a wrong act. the burden is upon the wrongdoer to prove that he acted without such criminal intent. lack of foresight. DISCERNMENT is the mental capacity to tell right from wrong. INTENT Purpose to use a particular means to bring about a desired result (not a state of mind. Requisites of mistake of fact as a defense: 1. an aim or purpose of the mind. a. 5. 3) in determining the specific nature of the crime. like intent to kill in the crimes of attempted or frustrated homicide/parricide/murder. however. Specific Criminal Intent---it is NOT presumed because it is an ingredient or element of a crime. not a reason for committing a crime) If intentional. No crime of resistance when there is mistake of fact. Motive is relevant if: 1. 11. • • • • The mistake must be without fault or carelessness on the part of the accused. He is not. 3. mistake of fact is NOT a defense. 2. Freedom of action in doing the act on the part of the offender—he was not acting under duress. reckless imprudence. .imprudence or negligence. Culpa. 7. It relates to the moral significance that a person ascribes to his act and relates to the intelligence as an element of dolo. MOTIVE Reason/ moving power which impels one to commit an act for a definite result (state of mind) When there is motive in the commission of a crime. 2. 249) in determining whether the shooting is intentional or not defense of strangers (Art. the identity of the accused is in question for purposes of defense in determining the sanity of the accused indirect assault (Art. When the accused is negligent. Elements (CFI): 1. 6. So this does not require proof. 2. 3. Intelligence on the part of the offender in performing the negligent act. DISCERNMENT: INTENT is the determination to do a certain thing. it always comes before intent.

or 2. particularly covered by par. In criminal law. 2. a mistake in the identity of the intended victim CANNOT be considered exempting. there is NO criminal intent: while in mistake of identity. There is an active force that intervened between the felony committed and the resulting injury. the penalty for the serious crime is imposed in the maximum period. even if the victim is about to die. By any person performing an act which would be an offense against persons or property. without which such felony could not have resulted. Art. NOR can it be considered reckless imprudence.that being so. • • • Error in Personae/ Mistake in Identity • • The intended victim was not at the scene of the crime. as long as the act of the accused contributed to the death of the victim. that blow landed on somebody else. Wrongful act done be different from what was intended: Aberratio Ictus/ Mistake in the Blow • A person directed the blow at an intended victim but because of poor aim. only it is directed at the wrong person in the belief that he was the proper object of the crime. By any person committing a felony(delito) although the wrongful act done be different from that which he intended. he will still be liable for the felonious act of putting to death that victim. Felony is the proximate cause when: 1. It generally gives rise to a COMPLEX CRIME . The intended victim as well as the actual victim is both at the scene of the crime. Where an unlawful act is willfully done. but he was not the intended victim. Is that cause which sets into motion other causes and which. there was really a mistake in identity. defined. The resulting injury is due to the intentional act of the offended party. upon whom the blow was directed. Mistake of Identity In mistake of fact. It was the actual victim. where it not for the inherent impossibility of its accomplishment or on account of the employment of an inadequate or ineffectual means. The only time when complex crime may not result is when one of the resulting felonies is LIGHT FELONY. there is criminal intent. and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused. . 13—That the offender had no intention to commit so grave a wrong as that committed There must be a notable disparity between the means employed and the resulting felony. It is mitigating if the crime committed is different from that which is intended. unbroken by any efficient supervening cause. PROXIMATE CAUSE. Article 4 Criminal Liability Criminal liability shall be incurred: 1. Praeter Intentionem/ Consequence went beyond the Intention • • It is mitigating. o A proximate cause is NOT necessarily the immediate cause.Mistake of Fact vs. This may be a cause o which is far and remote from the consequence which sets into motion other causes which resulted in the felony. 3. produces a felony. If the crime committed is different from that which was intended. error in personae does not affect the criminal liability of the offender.

2. the felony committed must be the proximate cause of the resulting injury. 1. through the Department of Justice  . which in natural and continuous sequence. which causes the latter to do something resulting in the latter’s injury. Its accomplishment is inherently impossible or that the means employed is either inadequate or ineffectual. 3. for the passage of an appropriate law  Which induces the court to believe that said act (not punished by any law) should be made the subject of litigation. The act performed would be an offense against persons or property. defined. and in cases of excessive penalties. the law punishes the impossible crime because of the criminal propensity or tendencies of the perpetrator. 2. The act was done with evil intent. Legal Impossibility • It would apply to those circumstances where: The motive. hence. There is a performance of the intended physical act. 2. The wrong done to the aggrieved party be the direct. 4. Medina 102 Phil 181) Requisites of paragraph 1: a. Is there really an impossible crime? Objectively. Is an act which would be an offense against person or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inadequate or ineffectual means. • Physical Impossibility Occurs when extraneous circumstances unknown to the actor or beyond his control prevent the consummation of the intended crime. Oanis 74 Phil 257. An intentional felony has been committed. and logical consequence of the felony committed by the offender. Requisites: 1. The act performed should NOT constitute a violation of another provision of the RPC. unbroken by any efficient intervening cause. Proximate cause is that cause. ( Bataclan vs. Duty of the court in connection with acts which should be repressed but which are not covered by the law. IMPOSSIBLE CRIME. In the same way the court shall: Submit to the Chief Executive. not merely performing an act. Subjectively. Nature of Impossibility: 1. 3. the offender has NOT committed a felony. the person is still criminally liable even if there is a mistake in the identity of the victim(error in personae) Pp vs. b. Whenever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law: Article 5  It shall render the proper decision. There is an intention to perform the physical act. when there is mistake in the blow(aberration ictus). desire.• • • • Criminal liability is incurred by any person committing a felony. through the Department of Justice. is liable for the resulting injuries. and  Shall report the matter to the Chief Executive. produces the injury. and expectation is to perform an act in violation of the law. the injurious result is greater than that intended(praeter intentionem) any person who creates in another’s mind an immediate sense of danger. natural. and without which the result would not have occurred. however. he is a criminal. The consequence resulting from the intended act does NOT amount to a crime.

Consummated felonies. the offender has not passed the subjective phase. the offender commences the commission of the felony directly by overt acts. 3. b. c. in attempted felony the offender merely commences the commission of a felony directly by overt acts and does not perform all the acts of execution. do not produce it by reason of causes independent of the will of the perpetrator. there is NO intervention of a foreign or extraneous cause between the beginning of the consummation of the crime and the moment when all of the acts have been performed which should result in the consummated crime. the offender has accomplished his criminal intent. by reason of causes independent of the will of the perpetrator. he does NOT perform all the acts of execution which should produce the felony. In frustrated felony. Elements of Frustrated Felony: a. 1. Consummated Felony: • All the elements necessary for its execution and accomplishment are present. in attempted felony. In attempted felony there is such intervention and the offender does not arrive at the point of performing all of the acts which should produce the crime. the evil intent of the offender is not accomplished. In both. While in frustrated felony. c. b. Such statement or report as may be deemed proper. A felony is consummated when all the elements necessary for its execution and accomplishment are present. d. In other words. the offender has performed all the acts of execution which would produce the felony as a consequence. as well as those which are frustrated and attempted. but the felony is not produced. the offender’s act be NOT stopped by his own spontaneous desistance. 1. Article 6 Consummated. and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. Attempted or frustrated felony distinguished from impossible crime. Frustrated. . and Attempted Felonies. 2. and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which.  When a strict enforcement of the provisions of this code would result in the imposition of a clearly excessive penalty. the offender has reached the objective phase.  Without suspending the execution of the sentence. In attempted or frustrated felony and impossible crime. d.  Taking into consideration the degree of malice and the injury caused by the offense. in frustrated felony. There is an attempted stage when the offender commences the commission of a felony directly by overt acts. the non-performance of all acts of execution was due to cause or accident other than his spontaneous desistance. Every crime has its own elements which must all be present to constitute a culpable violation of a precept of law. Frustrated felony distinguished from attempted felony. nevertheless. Elements of Attempted Felony: a. are punishable. all the acts performed would produce the felony as a consequence. the offender performs all the acts of execution.

In these cases. with the EXCEPTION of those committed against persons or property. participants are conspirators prior to the commission of the crime. 7 and 8). Conspiracy is deduced from the manner of commission.2. . 115). Intriguing against honor (art. 1. • • Conspiracy to commit a felony is punishable in conspiracy to commit Treason (art. Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both. Punishable only when the law expressly so provides. in attempted or frustrated felony. That the agreement concerned the commission of a felony. is provided. Conspiracy as a manner or incurring criminal liability a. Conspiracy and proposal to commit felony are punishable only in the cases in which the law specially provides a penalty therefore. 266). 136). they participated in such a way that they are acting in concert. There is proposal when the person who has decided to commit a felony proposes its execution to some other person or persons. the treason. Conspiracy as a crime 2. 2. Offenders are punished for the crime itself. 4. what prevented its accomplishment is the intervention of certain cause or accident in which the offender had no part. Two or more persons come to an agreement concerning the commission of a felony. the Treason or rebellion need not be actually committed. 313). accomplished. Decide to commit it. As a crime Mere agreement is sufficient to incur criminal liability. 141). • • 1. 5. rebellion or insurrection (art. 329 par. Requisites of conspiracy: That two or more persons come to an agreement. Express---conspirators meet and plan prior to the execution. 3. b. 328 par. the evil intent of the offender cannot be 3. and 2. Means to commit a crime Overt acts are necessary to incur criminal liability. Proposal to commit a felony is punishable in treason and rebellion or insurrection only. Malicious mischief (art. Theft (art. and sedition (art. the evil intent of the offender cannot be accomplished because it is inherently impossible of accomplishment or because the means employed by the offender is inadequate or ineffectual. In these cases. A conspiracy exists when: 1. Kinds of Conspiracy: 1. The light felonies punished by the RPC are (S-T-A-M-I): Slight physical injuries (art. 364) Article 8 Conspiracy and proposal to commit felony. Light felonies are punishable only when they have been consummated. Alteration of boundary marks (art. In impossible crime. rebellion or insurrection. But while in impossible crime. and sedition need not be actually committed. in attempted or frustrated felony the evil intent of the offender is possible of accomplishment. 309 pars. 2. Article 7 When light felonies are punishable. 3). Implied---did NOT meet prior to the commission of the crime. art. 3.

2. Light felonies are those infractions of law for the commission of which the penalty of arresto menor or a fine not exceeding 200 pesos or both. Offenses which are or in the future may be punishable under special laws are NOT subject to the provisions of this Code. is provided. There is NO decided. . • The crimes in which conspiracy and proposal are punishable are against the security of the state or economic security. The latter are controlling with regard to offenses therein specially punished. Less grave felonies are those which the law punishes with penalties which in their maximum period are correctional. in accordance with the above-mentioned article. The first clause should be understood to mean only that the penal code is not intended to supersede special penal laws. 3) and hence. less grave felonies. The person who proposes is NOT determined to commit the felony. That the execution of the felony be decided upon. ________________________________________________________________________________________________________ _______ • Article 9 Grave felonies. and light felonies. That he proposes its execution to some other person or persons. unless the latter should specially provide the contrary. Prision correctional Aresto mayor Destierro Article 10 Offenses not subject to the provisions of this Code.3. CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY: There are only five (5) specifically provided for (CODE: JEMAA): 1) JUSTIFYING CIRCUMSTANCES-those wherein the acts of the actor are in accordance with the law. MITIGATING CIRCUMSTANCES-those that have the effect of reducing the penalty because there is a diminution of any of the elements of DOLO or CULPA which makes the act voluntary or because of the lesser perversity of the offender. There is NO criminal proposal when: 1. it is NOT the execution of the felony that is proposed It is NOT necessary that the person to whom the proposal is made agrees to commit treason or rebellion. 2) EXEMPTING CIRCUMSTANCES-those wherein there is an absence of voluntariness. The afflictive penalties in accordance with article 25 of the Code are: Reclusion perpetua Reclusion temporal Perpetual or temporary absolute disqualification Perpetual or temporary special disqualification Prision mayor The following are correctional penalties. Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive. in accordance with article 25 of this code. there is no criminal liability. 3. Said clause only restates the elemental rule of statutory construction that the special legal provisions prevail over general ones. This code shall be supplementary to such laws. and hence. though there is crime. unless the latter should specially provide the contrary. he incurs no criminal liability. The second clause contains the soul of the article. The main idea and purpose of the article is embodied in the provision that “the code shall be supplementary” to special laws. 2. Requisites of proposal: 1. concrete and formal proposal. that a person has decided to commit a felony.

he cannot invoke the justifying circumstance of avoidance of a greater evil or injury. 2. . • The greater evil should not be brought about by the negligence or imprudence of the actor. • • Paragraph 5 office. When the accused was not avoiding any evil. or relatives by affinity in the same degree and relatives by consanguinity within the fourth civil degree. 5) There are two (2) others which are found in the provisions of the RPC: 1) ABSOLUTORY CAUSE-that which has the effect of absolving the offender from 2) criminal liability. provided that the first and second requisites mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge. ALTERNATIVE CIRCUMSTANCES-those which are either aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission. although not from civil liability. Distinction must be made between relative and stranger is important because of the element of evil motive. Any person who acts in the fulfillment of duty or in the lawful exercise of a right or Requisites: 1. • • • Any person not included in the enumeration of relatives mentioned in paragraph 2 of this article is considered a stranger for the purpose of paragraph 3. The evil which brought about the greater evil must not result from a violation of law by the actor. That there be no other practical or less harmful means of preventing it. Paragraph 1 • Self-defense or defense of one’s self Paragraph 2 • Defense of relatives . Paragraph 4 Any person who. the means employed or the personal circumstances of the offender. Paragraph 3 Anyone who acts in defense of the person or rights of a stranger. natural or adopted brothers or sisters. Second. That the accused acted in the performance of a duty or in the lawful exercise of a right or duty. in order to avoid an evil or injury.relatives who can be defended: Spouse. Includes only up to first cousin. descendants. That the evil sought to be avoided actually exists. That the injury feared be greater than that done to avoid it.(P/P vs Ricohermoso 56 SCRA 431). does an act which causes injury to another. provided that the following requisites are present: First. Third. EXTENUATING CIRCUMSTANCES-that which has the effect of mitigating the criminal liability of the offender. That the injury caused or the offense committed be the necessary consequence of the due performance of duty or the lawful exercise of such right or office. resentment or other evil motive.4) AGGRAVATING CIRCUMSTANCES-those which serve to increase the penalty without exceeding the maximum provided by law because of the greater perversity of the offender as shown by the motivating power of the commission of the crime. the time and place of its commission. legitimate. Ascendants. It has the same effect as exempting circumstances.

The following do not incur criminal liability: Paragraph 1. That an order has been issued by a superior. Epilepsy may be covered by the term insanity. unless the latter has acted during a lucid interval. and Second. unless he has acted with discernment. Article 12 EXEMPTING CICUMSTANCES Circumstances which exempt from criminal liability. he is still liable. To constitute insanity. Self defense Anyone who acts in defense of his person or rights. When such minor is adjudged to be criminally irresponsible. 3. provided that the following circumstances concur: First. Paragraph 2 and 3 A person under nine years of age. the court. An imbecile is exempt in all cases from criminal liability. there must be complete deprivation of intelligence or that there be a total deprivation of the freedom of the will. If the accused becomes insane at the trial and not during the commission of the crime. because the presumption is always in favor of sanity. • • • • • • 2. shall commit him to the care and custody of his family who shall be charged with his surveillance Article 11 Justifying circumstances. which he shall not be permitted to leave without first obtaining the permission of the same court. An imbecile is one who while advance in age has a mental development comparable to that of children between two and seven years of age. The defense must prove that the accused was insane at the time of the commission of the crime. 3. such minor shall be proceeded against in accordance with article 192 of PD 603.Any person who acts in obedience to an order issued by a superior for some lawful purpose. Two (2) tests for exemption on the ground of Insanity: 1. in which case. 2. . The following are exempt from criminal liability: Paragraph 1 An imbecile or an insane person. 2. Reasonable necessity of the means employed to prevent or repel it. That such order must be for some legal purpose. in conformity with the provisions of this and the preceding paragraph. That the means used by the subordinate to carry out said order is lawful. A person over nine years of age and under fifteen. When the imbecile or an insane person has committed an act which the law defines as a felony (delito). Unlawful aggression.Paragraph 6 . the test of COGNITION or whether the accused acted with complete deprivation of intelligence in committing said crime. the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted. Feeblemindedness is not imbecility. the test of VOLITION or whether the accused acted in the total deprivation of freedom of will. Requisites: 1. the insane is not so exempt if it can be shown that he acted during a lucid interval.

that is. Merced 39 Phil 198) Unlawful aggression is equivalent to assault or at least threatened assault of an immediate and imminent kind (People vs. otherwise.Third.A 54 O. or legitimate. One who voluntarily joined a fight cannot claim self defense. Alconga 78 Phil 366) No unlawful aggression when there is agreement to fight. ascendants. Paragraph 2. Defense of Relatives Anyone who acts in defense of the person or rights of his spouse. A strong retaliation for an injury or threat may amount to an unlawful aggression(US vs. . provided that the first and second requisites prescribed in the next preceding circumstance are present. It is a material aggression.G. Alconga 78 Phil 366).(People vs. 914) Mere threatening attitude is not unlawful aggression. ACTUAL-an attack with physical force or with a weapon. IMMINENT-an attack that is impending or at the point of happening. natural.(US vs. Diaz 55 SCRA 178) The fact that the accused declined to give any statement when he surrendered to a policeman is inconsistent with the plea of self defense. Manansala 31 SCRA 401) When the aggressor flees. or adopted brothers or sisters or of his relatives by affinity in the same degrees. he shall be committed to the care of some institution or person mentioned in article 192 of PD 603. Tolentino 54 Phil 77) Improbability of the accused being the aggressor belies the claim of self defense.(People vs. and those by consanguinity within the fourth civil degree. “foot-kick greeting” is not an unlawful aggression(People vs. unlawful aggression no longer exists. • • • • • • • • • • • • • • • • • • • • • • Unlawful aggression is an indispensable requisite.(People vs. It is a physical assault.(People vs. Sabio 19 SCRA 901) No unlawful aggression when there is no imminent and real danger to the life and limb of the accused. A public officer exceeding his authority may become unlawful aggressor. There must be actual physical force or actual use of weapon. Elements: 1) Unlawful aggression 2) reasonable necessity of the means employed to repel it 3) lack of sufficient provocation on the part of the person defending himself Kinds of Unlawful Aggression: a. There is unlawful aggression even if the aggressor used a toy pistol. character. b. Carerro 9 Phil 544) The attack made by the deceased and the killing of the deceased by the defendant should succeed each other without appreciable interval of time. descendants. must actually exist. The person defending is not expected to control his blow. in case the provocation was given by the and education. provided that the accused believed it was a real gun.(People vs.(US vs. coupled with a willful disregard of an individual’s personality. location and extent of wound of the accused allegedly inflicted by the injured party may belie claim of self defense. 7252) The unlawful aggression must come from the person who was attacked by the accused.(People vs. an offensive act which positively determines the intent of the aggressor to cause an injury. Guy-Sayco 13 Phil 292) The reasonableness of the necessity depends upon the circumstances. Hernandez 59 Phil 343) Nature. Lack of sufficient provocation on the part of the person defending himself. (People vs. The danger or peril to one’s life or limb must be present. Boral 11 CA Rep. Arellano C. It must not consist in a mere threatening attitude nor must it be merely imaginary. Aggression must be unlawful Paramour surprised in the act of adultery cannot invoke self-defense if he killed the offended husband who was assaulting him. The intimidating attitude must be offensive and positively strong. and the further requisite .

Facts from which age is presumed must be stated for the record. 3. • • • • • Condition for suspension of sentence if minor: 2. Conclusive Presumption-if the age of the minor does not exceed 9 years. 9344 also mandates the Courts to automatically suspend the sentence. 9344.Periods of human life under the RPC: Absolute irresponsibility Conditional responsibility Full responsibility Mitigated responsibility 9 years and below >9. 2006. Discernment means the mental capacity of a minor between 9 and 15 years of age to fully appreciate the consequences of his unlawful act. The law mandates an automatic suspension of service of sentence of the youthful offender. The crime committed should not be punishable by the penalty of life imprisonment or the death penalty. 2006.<15-offender discernment. NOTE: On April 28. 4. There is absolute irresponsibility in the case of a minor under nine years of age. but below 18. The crime committed should not carry the penalty of life or death. R. sentence before. If the sentence is promulgated. Age computed up to the time of commission of crime. 64. he is conclusively exempt from criminal liability.A. The law became effective on May 21. 2) 15. <15 18-70 1) >9. the minor offender must be referred to the appropriate government agency for rehabilitation. In all cases. His age at the time of the promulgation of judgment must be below 18. Senility although said to be the second childhood. 1. he is disputably presumed not criminally liable but the prosecutor can present evidence that he acted with discernment. <18 3) over 70 acting with Presumptions: i. Conditions for suspension of sentence of minor: 1. He should not have been given the benefit of suspension of sentence before. The age of the minor at the time of the promulgation of judgment must be . Rebuttable Presumption-if the minor is over 9 but under 15.A. Under R. even though at the time of the commission of the crime. he is criminally liable. he was over 9 and below 15 years of age. minors aged fifteen (15) and below are now absolutely exempt from criminal liability. should the minor above fifteen but below eighteen be found guilty. The minor should not have been given the benefit of suspension of 3. Note: under Section 5 of RA 8539 (Family Court Law). the court will impose a penalty 1 degree lower and in the proper periods subject to rules in Art. If it’s proven that he acted with discernment. However. if the offender is above 15. The allegation of “with intent to kill” in the information is sufficient allegation of discernment. ii.(People vs Navarro CA 51 OG 4062). • • • • • Under nine years to be construed as nine years or less. there is no exemption anymore but he is also given the benefit of a suspended sentence under the three preceding conditions. If a minor above fifteen (15) but below eighteen (18) commits a crime. is only mitigating The minor must have acted without discernment. It is based on complete absence of intelligence. Gloria Arroyo signed into law Republic Act 9344 otherwise known as “JUVENILE JUSTICE and WELFARE ACT OF 2006”. The minor under 15 years acted without discernment is presumed. there is no need to apply or file a Petition for suspension of sentence. 2. he is not exempt from criminal liability unless it is shown that he acted with discernment.

there is no exemption anymore but he is also given the benefit of a suspended sentence under the three preceding conditions. 2. but below eighteen (18). That the compulsion is by means of physical force. Paragraph 6 Any person who acts under the impulse of an uncontrollable fear of an equal or greater injury. A person is performing a lawful act. Elements: 1. it reduces him to a mere instrument. 2. Privilege mitigating. With due care 3. He must act not only without a will but against his will. below eighteen (18). Elements: 1. If the offender is above fifteen (15). Tanedo 15 Phil 196: The accused fired at the wild chicken. causes an injury by mere accident without fault or intention of causing it. Held: Accident Paragraph 5 Any person who acts under the compulsion of an irresistible force.those enumerated in subsections 1-10 of article 13. Elicanal 35 Phil 209) • A grave fear is not uncontrollable if there was an opportunity to verify one’s fear. That the physical force must be irresistible. while performing a lawful act with due care. • The irresistible force must produce such an effect upon the individual that. 2.4. That an act is required by law to be done. Accident-any happening beyond the control of a person the consequence of which are not foreseeable. Without fault or intention of causing it. and as such. 3. vs. Elements: 1. That a person fails to perform such act. 69. incapable of committing a crime. That it promises an evil of such gravity and imminence that the ordinary man would have succumbed to it. even though at the time of the commission of the crime. will operate to Privileged Can never be offset by aggravating circumstances. that which he is required to commit. That the physical force must come from a third person. Paragraph 7 Any person who fails to perform an act required by law. 64.those mentioned in articles 68. That his failure to perform such act was due to some lawful or insuperable cause. he was over nine (9) and below fifteen (15) years of age. 2.(US vs.(P/P vs Vitug 8 CAR {2s} 905. when prevented by some lawful or insuperable cause. 64. Elements: 1. 3. 2. 4. Distinctions As to nature As to Ordinary Can be offset by generic aggravating circumstances If not offset. If the sentence is promulgated. Article 13 Classes of mitigating circumstances: 1. The shot recoiled and hit a visiting cousin. 909) U. in spite of all resistance. He causes an injury to another by mere accident.S. Paragraph 4 Any person who. Operates to reduce the penalty by . Ordinary mitigating. the court will impose a penalty one (1) degree lower and in the proper periods subject to rules in Art. That the threat which caused the fear is of an evil greater than or at least equal to.

if not offset by aggravating circumstance. four requisites must be present. and defense of stranger. It contemplates the following: 1.(US vs Reyes 36 Phil 904) Paragraph 4 That sufficient provocation or threat on the part of the offended party immediately preceded the act. In the case of the minor. whatever anger or diminished self-control may have emerged from the offended party had already vanished or disappeared. Note that in these three classes of defense. What is absent is either one or both of the last two requisites. the case will fall under article 365 which punishes a felony by negligence or imprudence.e. he is entitled only to mitigating circumstance. An offender 15 or over but under 18 years of age 3. in case of divisible penalty. Ordinary mitigating is susceptible of being offset by any aggravating circumstance. 2. If the minor over 9 and under 15 years of age acted with discernment. The following are mitigating circumstances: Paragraph 1 Those mentioned in the preceding chapter. whereas. when all the requisites necessary to justify the act or to exempt from criminal liability in the respective cases are not attendant • • • All the requisites necessary to justify the act are not attendant. he shall be proceeded against in accordance with article 192 of PD 603. That the provocation must be sufficient. Requisites: 1. 2. That it must originate from the offended party. provided. the penalty is divisible. i. to the commission of the crime by the person who is provoked. the law presupposes that during that interval. It can be taken into account only when the facts proven show that there is a notable and evident disproportion between the means employed to execute the criminal act and its consequences. it being an indispensable requisite. An offender over 9 but under 15 years of age who acted with discernment. Mitigating circumstances. of article 12. because not all requisites necessary to exempt from criminal liability are present. produces only the effect of applying the penalty provided by law for the crime in its minimum period. 1 or 2 degrees depending upon what the law provides. CRITERIA: • . Incomplete exempting circumstance of minority over nine and under fifteen years of age. 3. Ordinary mitigating. defense of relatives. Under 4th par. An offender over 70 years old. there is mitigating circumstance because the penalty is lower than that provided for intentional felony. In effect. Paragraph 3 That the offender had no intention to commit so grave a wrong as that committed.effect reduce the penalty to the minimum period. Incomplete exempting circumstance of accident. That the provocation must be immediate to the act. privileged mitigating produces the effect of imposing upon the offender the penalty lower by one or two degrees than that provided by law for the crime. Paragraph 2 That the offender is under 18 years of age or over 70 years. Incomplete self defense. unlawful aggression must be present. • Immediate: if there is a break of time before the provocation or threat and the consequent commission of the crime.. while privileged mitigating cannot be offset by aggravating circumstance. If the 2nd requisite and the first part of the 4th requisite are absent.

or relatives by affinity within the same degrees. natural or adopted brothers or sisters. not preliminary investigation: voluntary plea of guilt contemplates of an arraignment at which the accused voluntarily enters a plea of guilt and admission of guilt during preliminary investigation is immaterial. Requisites of voluntary surrender: 1. facts are given indicating that at the time the offender committed the crime. 2. then he will still get the benefit of a mitigating circumstance. The impulse must be so powerful that it naturally produced passion or obfuscation. . That the offender surrendered himself to a person in authority or to the latter’s agent. 2. descendants. ⇒ Exercise of a right or fulfillment of duty is not proper source of passion of obfuscation. 1. legitimate. TIME. he did not flee.(P/P vs Noynay 58 Phil 393) The passion or obfuscation must arise from an act which is: 1. or that he had voluntarily confessed his guilt before the court prior to the presentation of evidence for the prosecution. ⇒ When there are causes naturally producing in a person natural excitement. 2. A lapse of time is allowed between the vindication and the doing of the grave offense. the offender did not flee and he went with the law enforcers meekly. his spouse. However. 2. That there be a grave offense done to the one committing the felony. he is still suffering from outrage of the threat or provocation done to him. That the felony is committed in vindication of such grave offense. voluntary surrender is not applicable. thereby diminishing the exercise of his will power. or relatives by affinity within the same degrees. his spouse. naturally strong as to condition the mind of the offender to commit the crime 4. there is a material lapse of time stated in the problem that the effect of the threat or provocation had prolonged and affected the offender at the time he committed the crime. then use the criterion based on the time element.(US vs Salandanan 1 Phil 464) ⇒ Passion or obfuscation may constitute a mitigating circumstance only when the same arose from lawful sentiments. ascendants.1. Coming from the offended party. Paragraph 5 That the act was committed in the immediate vindication of a grave offense to the one committing the felony (delito). That the surrender was voluntary and spontaneous. Not far removed from the commission of the crime. 3. That the offender had not been actually arrested. if there is that time element and at the same time. If after committing the crime. he loses his reason and self-control. instead waited for the law enforcers to arrive and he surrendered the weapon he used in killing the victim. natural or adopted brothers or sisters. Paragraph 6 That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation. If from the element of time. 2. Requisites: 1. ⇒ The act of the offended party must be unlawful or unjust. unlawful 3. legitimate. Voluntary Plea of Guilt During arraignment. Requisites. descendants. Paragraph 7 That the offender had voluntarily surrendered himself to a person in authority or his agents. there is voluntary surrender as he had the opportunity to go into hiding. • • If after committing the crime. ascendants. The accused acted upon an impulse.

It is said that this paragraph refers only to diseases of pathological state that trouble the conscience or will. 4) Inherent-those that must of necessity accompany the commission of the crime. Paragraph 10 And. Physical defect must restrict means of action. defense or communication with his fellow beings. as long as it is proven during the trial. it will be considered only as generic. 2.Requisites of Voluntary Plea of Guilt: 1) it must be unconditional 2) spontaneous 3) prior to the presentation of evidence by the prosecution 4) at the earliest possible time 5) Before a court competent to try the same. finally.1-9 of article 13. any other circumstances of a similar nature and analogous to those above mentioned. It considers them on equal footing. it may be an exempting circumstance. This provision does not distinguish between educated and uneducated deaf-mute or blind persons. This authorizes the court to consider in favor of the accused “any other circumstance of a similar nature and analogous to those mentioned” in pars. If it is proven during the trial. Aggravating circumstances. The following are aggravating BASIS: circumstances: They are based on the greater perversity of the offender manifested in the commission of the crime as shown by: 1) the motivating power itself 2) the place of commission 3) the means and ways employed 4) the time 5) the personal circumstances of the offender. . defense or communication with fellow beings. the court would consider the same in imposing the penalty. When the offender completely lost the exercise of will-power. No need to allege this in the information. GENERIC Circumstance can be offset by an ordinary mitigating circumstance. Paragraph 9 Such illness of the offender as would diminish the exercise of the will power of the offender without however depriving him of the consciousness of his acts. If not. That such illness should not deprive the offender of the consciousness of his acts. or the offended party. blind. or otherwise suffering some physical defect which thus restricts his means of action. QUALIFYING It cannot be offset by any mitigating circumstance Must be specifically alleged in the information. Requisites: 1. Article 14 Classification: 1) Generic-those that generally apply to all crimes 2) Specific-those that apply only to a particular crime 3) Qualifying-those that change the nature of the crime. Paragraph 8 That the offender is deaf and dumb. but proven during the trial. That the illness of the offender must diminish the exercise of his will power.

3) it was sought for impunity. 5. That the crime be committed on the occasion of a conflagration. That the act be committed with abuse of confidence or obvious ungratefulness. comfort and privacy. • If the confidence is reposed by another. Requisites: 1) the offended party has trusted the offender. That the crime be committed in the nighttime or in an uninhabited place. 2) he is not the person against whom the crime is committed. or 2) the offender took advantage thereof. Not applicable in crimes against property. Paragraph 4 and 5 4. Paragraph 3 That the act be committed with insult or in disregard of the respect due to the offended party on account of his rank. Band. or where public authorities are engaged in the discharge of their duties or in a place dedicated to religious worship. Elements: 1) the circumstance of night time 2) They facilitate the commission of the crime to conceal the offense. 7. or by a band. or to insure escape. it shall be deemed to have been committed by a band. Requisites: 1) the public authority is engaged in the discharge of his duties. earthquake. and 3) the offender knows of the identity of the public authority. Paragraph 6 and 7 6. the offended party is different from the one who reposed the confidence and abuse of confidence in that case is not aggravating. It must not be the dwelling of the offender. or it be committed in the dwelling of the offended party. Dwelling should not be understood in the concept of domicile. Requisites: 1) offenders are at least four . • • • • • There must be proof that the accused deliberately intended to offend or insult the age or sex of the offended party. Dwelling need not be owned by the offended party. Uninhabited place is determined by the distance of the nearest house to the scene of the crime but whether or not in the place of the commission of the crime. or other calamity or misfortune. or prevent himself from being identified. age. Requisites: 1) night time facilitated the commission of the crime. Whenever more than three armed malefactors shall have acted together in the commission of an offense. • If all these aggravating circumstances concur in the commission of the crime. ease the execution or escape. epidemic. all will constitute one aggravating circumstance. if the latter has not given provocation. 2) the offender abused that trust. shipwreck. Night time. It is enough that he used the place for his peace of mind. That the crime be committed in the palace of the Chief Executive. whenever such circumstances may facilitate the commission of the offense. there was a reasonable possibility of the victim receiving some help. That advantage be taken by the offender of his public position. That the crime be committed in contempt of or with insult to the public authorities. 2.Paragraph 1 and 2 1. or in his presence. 3) the abused facilitated the commission of the crime. or sex.

In the same title of this Code. That the offender has been previously punished for an offense to which the law attaches an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty. even if it is absolute. RECIDIVISM. but not the conviction. Requisites: 1) Armed person took part in the commission of the crime. Robbery. at the time of his trial for one crime. Aid of armed men is absorbed. Recidivism 2 convictions. Recidivism Once. 2) If the person committing the crime and the armed men are in conspiracy. theft. Is one who. 10. at least Felony must be embraced under the same title of the RPC. it shall be considered as a generic aggravating Habitual delinquency Found guilty a third time or oftener. shall have been previously convicted by final judgment of another crime embraced II.2) who are armed 3) who took direct part in the execution of the crime. Serious/less serious physical injuries. because pardon only excuses the service of the penalty. Imprescriptible Quasi-Recidivism 2 convictions at least Any felony 2nd felony must be committed after conviction by final judgment of the 1st but before sentence begins or while serving sentence. Generic aggravating Need not be alleged in the information Recidivism Reiteracion . • If recidivism is not alleged in the information. 2) Accused availed of their aid or relied upon them when the crime was committed. Special aggravating Must be alleged in order to be considered by the court. Generic aggravating Special aggravating. shall have been previously convicted by final judgment of another crime embraced in the same Title. • It does not prescribe • Pardon does not erase recidivism. directly or indirectly. conviction prior Reiteracion One (or more) previous punishment One offense which the law attaches an equal or greater penalty or two offenses to which the law attaches a lighter penalty. Generic aggravating Quasirecidivism One prior conviction Any offense An offense embraced in the same Title of the RPC. estafa. Paragraph 9 and 10 9. at the time of his trial for one crime. or falsification Imposition of additional penalty. defined. A recidivist is one who. I. Reason for being aggravating: The implication is that the offender is specializing on such kind of crime and the law wants to prevent any specialization. Paragraph 8 That the crime be committed with the aid of armed men or persons who insure or afford impunity. That the accused is a recidivist. It is not aggravating: 1) Where the offender and the offended party are equally armed.

reward. d. derailment of a locomotive. At least 2 convictions. if the law attaches an equal or greater penalty. Premeditation must be clear. poison. • • The inducement must be the PRIMARY CONSIDERATION in the commission of the crime. fire. otherwise. and f. if the law attaches an equal or greater penalty. Both the giver/s and receiver/s are offenders. Generic aggravating. Paragraph 13 That the act be committed with the evident premeditation. It is enough that they are embraced under the same title of the RPC Imprescriptible Generic aggravating Circumstance need not be alleged in the information Habitual delinquency At least 3 convictions The crimes are limited and specified: a. The limit of 10 years between every conviction or release from punishment. That the crime be committed by means of inundation. Some crimes where evident premeditation is absorbed: 1) kidnapping for ransom 2) Robbery with force upon things where there is entry into the premises of the offended party. That the crime be committed in consideration of a price. theft. or promise. • • • Evident premeditation shall not be considered when the crime refers to a different person other than the person premeditated against. to allow him to reflect upon the consequences of his act. c. b. robbery. serious physical injuries. Special aggravating Circumstance must be alleged in the information. It is required that there be evidence showing meditation between the time when the offender determined to commit the crime and the time when the offender executed the act. e. Felony depends on the gravity of the penalty attached thereto Generic aggravating Habitual delinquency At least 3 convictions Crimes are specified 10 years prescriptive period Special aggravating Reiteracion At least 2 convictions. less serious physical injuries. estafa or swindling. explosion. It must appear that the offender clung to his determination to commit the crime. stranding of a vessel or intentional damage thereto. 3 if the law attaches a lighter penalty. . falsification. Paragraph 11 and 12 11. at least 3 if succeeding crimes have lighter penalty. Conditions: 1) the time when the accused determined to commit the crime. 2) an act manifestly indicating that the accused has clung to his determination. or by the use of any other artifice involving great waste and ruin. 12. 3) Sufficient lapse of time between such determination and execution. Crimes are not specified Imprescriptible Generic aggravating Recidivism 2 convictions are enough The crimes are not specified. the court cannot acquire jurisdiction to impose additional penalty.2 convictions enough are Felony embraced under the same title of the RPC. Must already served sentence.

Paragraph 15 That advantage is taken of superior strength. The employment of means. There is an unlawful entry when an entrance is effected by a way not intended for the purpose. 2) Such means. 20. • Intentional employment of excessive means out of proportion to the means of defense available to the offended party. 19 and 20 18. Paragraph 17 That means be employed or circumstances brought about which add ignominy to the natural effects of the act. if he is recognized. method and form in the commission of the crime which tend directly and specially to insure its execution without risk to himself arising from the defense which the offended party might make. defined.to enable the offender to conceal his identity and to escape it must conceal the identity of the offender. . There is treachery when the offender commits any of the crimes against the person. 19. methods or manner of execution that ensures his or her safety from the defensive or retaliatory act of the victim. roof. or disguise be employed. That the crime be committed after an unlawful entry.intellectual cunning or trickery Fraud. methods or forms in the execution thereof which tend directly and specially to insure its execution. Requisites: 1) The malefactors employ such means. That as a means to the commission of a crime a wall. or means be employed to weaken the defense. Paragraph 16 That the act be committed with treachery (alevosia). Paragraphs 18. Paragraph 14 That craft. the disguise will not be considered aggravating. Paragraph 21 That the wrong done in the commission of the crime be deliberately augmented by causing other wrong not necessary for its commission. airships. floor. fraud. Craft. whether or not the victim is dead or alive Cruelty Physical Pertains to the physical suffering of the victim so the victim has to be alive.insidious words or machinations Disguise. or window be broken.3) estafa through false pretenses where the offender employs insidious means which cannot happen accidentally. method or form of execution is consciously or deliberately adopted by the accused. That the crime be committed with the aid of persons under fifteen years of age. employing means. or by means of motor vehicle. Ignominy Shocks moral conscience Moral effect of a crime and it pertains to the moral order. door. without risk to himself arising from the defense which the offended party might make. TREACHERY. or other similar means.

Relationship is mitigating. or the common-law-spouse of the parent of the victim. It is not the number of drinks he had that will determine this but the conduct of the offender. if the offender is the spouse. 332) this is an absolutory cause. they should prove that it is HABITUAL and INTENTIONAL. Relationship is exempting when: a) accessory is related to the principal (Art. RELATIONSHIP It shall be taken when the offended party is the: a) spouse b) ascendant c) descendant d) legitimate. In the ABSENCE of this effect. It is aggravating when the offender used his education in the commission of the crime. 335): when the victim is under 18 years of age and the offender is a parent. or descendant or if the offender is a sister or brother-in-law of the offended party and they are living together. murder. there is no cruelty Article 15 Alternative Circumstances Alternative circumstances are those which must be taken into consideration as 1) aggravating or mitigating according to the nature and effects of the crime. 337) b) Rape (Art. Relationship is aggravating in crimes against person. ascendant. and 2) The other conditions attending its commission. generally. (Art. INTOXICATION Intoxication is ipso facto mitigating. ascendant . in crimes against property. natural or adopted brother or sister. relative by consanguinity or affinity within the third civil degree. like rape. malicious mischief and estafa. or e) Relative by affinity in the same degree of the offender. 20) b) a spouse does not incur criminal liability for a crime of less serious physical injuries or serious physical injuries if it was inflicted after having surprised the offended spouse and the paramour actually in the act of having sex. It is mitigating when: The offender has reached that degree of intoxication where he has no control of himself. guardian. EXCEPT where the natural law posits the general and obvious rule that said crime should not be done. or robbery. thus if the prosecution wants to deny the offender the benefit of this mitigating.• There must be evidence showing the accused inflicted the alleged wounds slowly and gradually and that he is delighted in seeing the victim suffer in pain. DEGREE OF INSTRUCTION AND EDUCATION It is mitigating in most crimes. the manner of committing the crime. They are: 1) relationship 2) intoxication 3) Degree of instruction and education of the offender. Title 2 PERSONS CRIMINALLY LIABLE FOR FELONIES . 247) c) in the crimes of theft. step-parent. and his behavior after committing the crime. Relationship is qualifying when: a) Qualified seduction: brother (Art. chastity and honor. (Art.

If the crime could hardly be committed without such cooperation. Requisites: 1) that the inducement be made directly with the intention of procuring the commission of the crime. then such cooperation would bring about a principal. 2.Article 16 The following are criminally liable for GRAVE AND LESS GRAVE FELONIES: 1) Principals 2) Accomplices 3) Accessories The following are criminally liable for LIGHT FELONIES: 1) Principals 2) Accomplices It is necessary to classify offenders when more than 1 took part in the commission of the crime to determine the proper penalty. this would make the cooperator merely an accomplice. favor the lesser penalty/liability. 2) that such inducement be the determining cause of the commission of the crime. • by causing uncontrollable fear. This is tantamount to an irresistible force compelling the person induced to carry out the execution of the crime. do not use the term principal. In case of doubt. When there are several participants. • By giving price or offering reward or promise. . If only 1 person committed a crime. Ways of becoming a principal by inducement: 1. and • by using irresistible force. inducement cannot be said to be the reason for the felonious act. If the inducement was made while the crime is already taking place. But if the cooperation merely facilitated or hastened the consummation of the crime. Who may be considered as a principal by indispensable cooperation? The basis is the importance of the cooperation to the consummation of the crime. Ill advised language is not enough. 3) Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. the first thing to do is find out if there is CONSPIRACY. Article 17 The following are considered principal: 1) Those who take a direct part in the execution of the act. • • The one who induced is merely an accomplice if he merely goaded or provided encouragement to the offender. then notwithstanding the existence of a conspiracy. However. by directly forcing another to commit a crime. • By using words of command. The reason for this is that the law favors a milder form of criminal liability if the act of the participant does not demonstrate clear perversity. such offender may be regarded only as an accomplice. the crime would be committed just as well. INDUCEMENT: One strong enough that the person induced could hardly resist. unless he who made such remark or advice is a coconspirator in the crime committed. Article 18 Accomplices are those persons who. not being included in article 17. by directly inducing another to commit a crime. such that even without his cooperation. cooperate in the execution of the offense or simultaneous acts. if the participation of 1 is so insignificant. 2) Those who directly force or induce others to commit it.

provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason. or the effects or instruments thereof. • One cannot be an accessory unless he knows of the commission of the crime. By profiting themselves or assisting the offender to profit by the effects of the crime. + Descendants. either as principals or accomplices. 4) if the accessory helped the principal to escape. murder. having knowledge of the commission of the crime. knowing the criminal design of the principal by direct participation.e. Decide to commit the crime. Title 3 PENALTIES PENALTY. 2. parricide. defined. 3. not individual. Instances when an accessory may be convicted without conviction on the part of the principal: 1) if the act committed by the accessory is under subsection 1 and 2. The accessory comes into the picture when the crime is already consummated. Merely concur and cooperate in the commission of the crime. or an attempt to take the life of the Chief Executive. Article 20 • An accessory is not also liable if the felony committed is a light felony. + Legitimate. Acts are indispensable. or + Relatives by affinity within the same degree With the SINGLE EXCEPTION of accessories falling within the provisions of paragraph 1 of the next preceding article. That there be community of design. Acts are not indispensable.. The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their + Spouses.• • Accessories before the fact The cooperation is not indispensable. Came to know of the criminal intention after the principals have reached a decision. i. Article 19 Accessories are those who. concealing or assisting in the escape of the principals of the crime. Know of the criminal intention as he is one of the authors. 3) if the principal is not in the custody of proper authorities. Requisites: a. . take part subsequent to its commission in any of the following manners: 1. Authors of the crime. in order to prevent its discovery. and without having participated therein. Merely the instruments who perform essential acts for the perpetration of the offense. 2) if the principal is acquitted by reason of an exempting circumstance. he concurs with the latter in his purpose. or is known to be habitually guilty of some other crime. Co-conspirator Liability is collective. One must not have participated in the commission of the crime. b. + Ascendants. Accomplice Liability is 1 degree lower than that of the principal. by harboring. natural and adopted brothers and sisters. By concealing or destroying the body of the crime. That he performs previous or simultaneous acts that are not indispensable to the commission of the crime.

the detention would violate the constitutional provision that no person shall deprived of life. conviction. Fines and other corrective measures. Otherwise. prision. a vindication of absolute right and moral law violated by the criminal. Must be personal 4. which. superior officials may impose upon their subordinate. 3. • PRINCIPAL PENALTIES – those expressly imposed by the court in the judgment of Principal penalties may either be: . Must be proportional/commensurate with the offense.It is the suffering that is inflicted by the state for the transgression of a law.indivisible those which have no fixed duration • Indivisible penalties are: . 5. 3. 2. Must be legal 5. PREVENTION – the state must punish the criminal to prevent or suppress the danger to the state arising from the criminal acts of the offender.divisible and does that have fixed duration and are divisible into three (3) periods: .public censure CLASSIFICATION OF PENALTIES: AS TO SUBJECT MATTER Corporal (death) Deprivation of freedom (reclusion. MEASURES OF PREVENTION OF SAFETY WHICH ARE NOT CONSIDERED PENALTIES: The arrest and temporary detention of accused persons as well as their detention of accused person as well 1. • The RPC specifies that such detention shall not be considered as a penalty but merely a preventive measure because this gives justification for detaining the accused. The commitment of a minor to any of the institutions mentioned in Art. the constitutional right of an accused to be presumed innocent until the contrary is proved. in the exercise of their administrative disciplinary powers. Must be correctional Theories Justifying Penalty: 1. REFORMATION – the object of punishment in criminal cases is to correct and reform the offender. JUSTICE – that crime must be punished by the state as an act of retributive justice. as their detention by reason of insanity. Judicial conditions of penalty: 1. And also. 2. Deprivation of rights and reparations which the civil laws may establish in penal form. EXEMPLARITY – the criminal is punished to serve as example to deter others from committing crimes. Suspension from the employment or public office during the trial or in order to institute proceedings. Must be productive of suffering.death . 80 for the purposes specified therein. Must be equal for all 7. 4. Must be certain 6. SELF-DEFENSE – the state has a right to punish the criminal as measure of selfdefense so as to protect society from the threat and wrong inflicted by the criminal. 3. CLASSIFICATION OF PENALTY: 1. liberty and property without due process of law.reclusion perpetua . arresto) AS TO GRAVITY Capital Afflictive . 4.perpetual absolute or special disqualification . 5. without however affecting the integrity of the human personality 2. or imbecility or illness requiring their confinement in a hospital.

is from the day that the offender is placed at the disposal of judicial authorities for the enforcement of the penalty. RULES FOR THE COMPUTATION OF PENALTIES: 2. the penalty prescribed for the concubinage is Destierro under ART. when the offender is required to put a bond for good behavior but failed or refused to do so under ART. Situations in which the execution of death penalty be suspended: 1. within a radius not less than 25 kilometers. So it shall be the penalty to be imposed. SUSPENSION AND DESTIERRO – 6 months and 1 day to 6 years. ARRESTO MAYOR – 1 month and 1 day to 6 months. 157. RPC. RECLUSION TEMPORAL – 12 years and 1 day to 20 years. except when suspension is an accessory penalty. When a legally person who had surprised his or her spouse in the act of sexual intercourse with another and while in that act. 6. except when he is not worthy of pardon by reason of his conduct or some other serious cause. 3. • If the convict should enter the prohibited places. should kill or inflict serious physical injuries upon the other spouse and/or the paramour or mistress. PERPETUAL PENALTIES – convict pardoned after undergoing the penalty for 30 years. 3. In the crime of grave threat or light threat. President grants reprieve. 5. 284. 2. 1. he commits the crime of Evasion of Service of sentence under ART. or immediately thereafter. in which case its duration is that of the principal penalty. if convict is pregnant. Where the penalty prescribed by law is Arresto Mayor but then. . WHEN THE OFFENDER IS IN PRISON – the duration of temporary penalties is from the day on which the judgment of conviction becomes final. nor more than 250 kilometers. 334. 2. In the crime of concubinage. crime. 1. the penalty one degree lower is Destierro. 4. the offender is entitled to a privileged mitigating circumstance and lowering the prescribed penalty by one degree. Death Penalty shall not be imposed in the following instances: When the guilty person is below 18 years of age at the time of the commission of the Is more than 70 years of age. DESTIERRO – Is a punishment whereby a convict is banished to a certain place and is prohibited from entering or coming near that place designed in the sentence. DESTIERRO IS IMPOSED IN THE FOLLOWING SITUATIONS: 1. doubt as to the identity of the convict b.Restriction of freedom (destierro) Deprivation of rights (disqualification and suspension) Pecuniary fine DURATION OF EACH DIFFERENT PENALTIES: Correctional Light 1. such convict shall be sentenced to Destierro so that he would not be able to carry out his threat. 3. 2. PRISION MAYOR AND TEMPORARY DISQUALIFICATION – 6 years and 1 day to 12 years. 7. convicts become insane or an imbecile after conviction 3. WHEN THE OFFENDER IS NOT IN PRISON – the duration of the penalty consisting in deprivation of liberty. PRISION CORRECTIONAL. court orders suspension by reason of: a. ARRESTO MENOR – 1 day to 30 days BOND TO KEEP THE PEACE – the period during which the bond shall be effective is discretionary to the court. except when disqualification is accessory penalty. the required majority vote is not obtained for the imposition of he death penalty. 4. in which cases the penalty shall be reclusion perpetua. or within 1 year after her delivery 2. in which case its duration is that of the principal penalty. when upon appeal or automatic review of the case by the Supreme Court. there is a request for executive clemency 4.

3. •

THE DURATION OF OTHER PENALTIES – the duration is from the day on which the offender commences to serve his sentence.

If on appeal, the service of sentence should commence from the date of the promulgation of the decision of the appellate court, not from the date the judgment of the trial court was promulgated. PREVENTIVE IMPRISONMENT The accused undergoes preventive imprisonment when the offense charged is non-bailable or even if bailable he cannot furnish the required bill.

Preventive imprisonment shall be credited in the service of their sentence with the full time during which they have undergone it; PROVIDED: he agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners: • If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his, sentence with four-fifths (4/5) if the time during which he has undergone preventive imprisonment.

OUTLINE OF ACCESSORY PENALTIES INHERENT IN PRINCIPAL PENALTIES: DEATH RECLUSION PERPETUA/ TEMPORAL Civil interdiction for life or during the sentence Perpetual absolute disqualification, unless expressly remitted in the pardon of the principal penalty PRISION MAYOR Temporary absolute disqualification That of perpetual special disqualification from suffrage, unless expressly remitted in the pardon of the principal penalty PRISION CORRECTIONAL Suspension from public office, profession or calling Perpetual special disqualification from suffrage, if the duration of imprisonment exceeds/ 8 months, unless expressly remitted in the pardon of the principal penalty

Perpetual absolute disqualification Civil interdiction during 30 years, if not expressly remitted in the pardon

DESTIERRO has no accessory penalty. Effects of the penalties of perpetual or temporary absolute disqualification: The deprivation of the public offices and employments which the offender may have held even if conferred by popular election. The deprivation of the right to vote in any election for any popular office or to be elected

1.
to such office.

2. The disqualification for the offices or public employments and for the exercise of any of the rights mentioned. 3. The loss of all rights to retirement pay or other pension for any office formerly held. 4. In case of temporary disqualification, the disqualification in 2 and 3 shall last during the term of the sentence. • In absolute disqualification, all these effects last during the lifetime of the convict and even after the service of the sentence. Effects of the penalties of perpetual or temporary special disqualification:
1. The deprivation of the office, employment, profession, or calling affected; 2. The disqualification for holding similar offices or employments either perpetually or during the term of the sentence according to the extent of such disqualification. Special disqualification for the exercise of the right of suffrage: 1. Deprivation of the right to vote or to be elected to an office; 2. Cannot hold any public office during the period of disqualification. CIVIL INTERDICTION, defined. It is the deprivation of the following rights: 1. parental authority 2. guardianship over the person or property of the ward

3. marital authority 4. Right to manage property and to dispose of the same. Bond to keep peace A principal penalty, not an accessory penalty. No particular felony where this is prescribed. The consequence of failure to put up this bond is imprisonment for 6 months or 30 days depending on whether the felony committed is grave or less grave felony or light. PECUNIARY LIABILITIES: 1. 2. 3. 4. • the reparation of the damage caused. indemnification of the consequential damages fine costs of proceedings • 1 and 2 are payable to the offended party. 3 and 4 are payable to the state. Bond for good behavior This penalty is not found in article 25. This is a penalty particular to article 284- grave or light threats. Failure to put up a bond results in destierro.

When is it applicable? It is applicable “in case the property of the offender should not be sufficient for the payment of all his pecuniary liabilities. Hence, if the offender has sufficient or no property, it is not applicable. SUBSIDIARY PENALTY, defined. It is a subsidiary personal liability to be suffered by the convict who has no property with which to meet the fine at the rate of one day for each 8 pesos, subject to the rules provided in Article 39. SUBSIDIARY PENALTY IS APPLIED WHEN: 1. If the subsidiary penalty prescribed for the non payment of fine which goes with the principal penalty, the maximum duration of the subsidiary penalty is one year, so there is no subsidiary penalty that goes beyond one year. But this will only be true if the one year period is higher than 1/3 of the principal penalty, the convict cannot be made to undergo subsidiary penalty more than 1/3 of the duration of the principal penalty and in no principal penalty – whichever is lower. 2. If the subsidiary penalty is to be imposed for non payment of fine and the principal penalty imposed be fine only, which is a single penalty, that means it does not go with another principal penalty, the most that the convict will be required to undergo subsidiary imprisonment is 6 months, if the felony committed is grave or less grave, otherwise, if the felony committed is slight the maximum duration of the subsidiary penalty is only 15 days. When is it proper? It is proper when the convict is insolvent and: 1. when there is a principal penalty of imprisonment or any other principal penalty and carries with it a fine; and 2. When the penalty is only a fine. Penalty Prision correccional or arresto and fine Fine Higher than Prision Correccional Not confinement in a penal institution, but penalty is of fixed duration Duration of stay Remain under confinement until his fine is satisfied; but it shall not exceed 1/3 of the term of sentence, and not more than 1 year. a. grave or less grave felony: not more than 6 months. b. Light: not more than 15 days No imprisonment Follow above rules

FINE: Subsidiary penalty applies only for the non-payment of the fine, criminal aspect; and not the civil aspect. The latter is what article 38 contemplates.

PUBLIC CENSURE AND FINE: If the penalty is public censure and fine even if the public censure is a light penalty, the convict cannot be required to pay the fine for subsidiary penalty for the non payment of the fine because public censure is a penalty that has no fixed duration. • DESTIERRO AND FINE: The convict can be required to undergo the subsidiary penalty, as destierro, though not imprisonment is still a penalty to be served. Hence, subsidiary penalty applies. • TOTALITY OF PENALTY UNDER THE 3-FOLD RULE: Do not consider the totality of the imprisonment that the convict is sentenced to but consider the totality or the duration of the imprisonment that the convict will be required to serve under the 3fold rule. If the totality of the imprisonment under this rule does not exceed 6 years, then even if the totality of the sentences without applying the 3-fold rule will go beyond 6 years, the convict shall be required to undergo subsidiary penalty if he could not pay the fine. COMPLEX CRIME When a single act constitutes 2 or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period.

Philosophy behind:
The treatment of plural crimes as one is to be lenient to the offender, who, instead of being made to suffer distinct penalty only, although it is the penalty for the most serious one and in the maximum period. It is in consonance with the doctrine of pro-reo. A complex crime is either: 1. A single act constituting 2 or more grave or less grave felonies; 2. An offense is a necessary means for committing the other-COMPLEX CRIME PROPER.

Forms: 1. Compound crimes 2. Complex Crime Proper 3. Composite Crime 4. Continued Crime 1. Compound crimes Offender performs a single act and produces 2 or more crimes; no regard for the gravity of crimes, as long as there is only 1 act. Requisites: 1. that only a single act is performed by the offender; 2. that the single act produces: a. 2 or more grave felonies b. I or more grave or I or more less grave felonies c. 2 or more less grave felonies. 2. Complex Crime Proper Requisites: 1. at least 2 offenses are committed 2. 1 or some of the offenses must be necessary to commit the other 3. Both or all the offenses must be punishable under the Revised Penal Code. • One was used to facilitate the commission of the crime.

3. Composite Crime Are special complex crimes composed of two felonies, punishable under a separate article in the Revised Penal Code. In substance, it is made up of more than 1 crime but in the eyes of the law there is only a single indivisible crime. (Robbery with Homicide/Rape) 4. Continued Crime This is a single crime consisting of a series of overt acts arising from a single criminal resolution or intent not susceptible of division. Test: There must be singularity of act, singularity of singular impulse is not written into the law. So long as the act or acts complained of resulted in a single criminal impulse, it is usually held to constitute a single offense to be punished with the penalty

sentences are promulgated by different courts on different days. it is hardly possible to apply the 3 fold rule. When the offender is an accomplice or accessory only: Penalty is 1 degree lower in case of an accomplice Penalty is 2 degrees lower in the case of an accessory. • • If it is frustrated. If it is attempted. DIAGRAM CONSUMMATED FRUSTRATED 1 2 3 ATTEMPTED 2 3 4 4. • • 2. what is the difference? A continued crime must be understood in the light of substantive law. imposed on its maximum period. 3. it will lower the penalty by 1 or 2 degrees than that prescribed by the law depending on what the particular provision of the RPC states. the penalty next lower in degree shall be the one imposed. This is so. because “a person charged with a transitory offense may be tried in any jurisdiction where the offense is in part committed. Is a Continued crime a continuing crime? If not. 5. When the crime is only attempted or frustrated. The test is not whether one of the two offenses is an essential element of the other. in the light of procedural law. The term ‘continuing’ here must be understood in the sense similar to that of ‘transitory’ and is only intended as a factor in determining the proper venue or jurisdiction for that matter of the criminal action pursuant to Section 14. not simultaneously. Whenever the provision of the code specifically lower the penalty by one or two degrees than what is ordinarily prescribed for the crime committed. the maximum duration of the convict’s sentence shall not be more than 3 times the length of time corresponding to the most severe of the penalties imposed upon him. Rule 110 of the Rules of Court. • If only 2 or 3 penalties corresponding to different crimes committed by the convict are imposed. . PENALTY PRESCRIBED TO A CRIME IS LOWERED BY DEGREES IN THE FOLLOWING CASES: 1. penalty is two degrees lower than that prescribed by law. • Sentences must be more than 3 and served successively. When there is a privilege mitigating circumstance in favor of the offender. Principal s Accompli ces Accessor ies 0 1 2 THREE-FOLD RULE According to the 3 fold rule. When the penalty prescribed for the crime committed is a divisible penalty and there are two or more ordinary mitigating circumstances and no aggravating circumstances whatsoever. penalty is one degree lower than that prescribed by law. while continuing crime. the same to be applied in its maximum period.corresponding to the most serious crime. The penalty for the most serious crime shall be imposed. Immaterial if sentences are the product of 1 information in court.

prescribed. extinguishes criminal liability. whether before or after final judgment. if ever. the convict becomes insane or imbecile. • While the case is on appeal. EXECUTION AND SERVICE OF PENALTY • “No penalty shall be executed except by virtue of a final judgment” • The judgment must be final before it can be executed because the accused may still appeal within 15 days from its promulgation. and as to the pecuniary penalties. Service of sentence does not extinguish the civil liability. • • Amnesty erases not only the conviction but also the crime itself. But the payment of his civil or pecuniary liabilities shall not be suspended. his civil liability is also extinguished. 1157 of the Civil Code. unless the penalty has 2. because one of the juridical conditions of penalty is that it is PERSONAL. you take the most severe and multiply it by 3. 3. • For purposes of the rule. Even if while serving his sentence. • The death of the convict. indivisible penalties shall be given an equivalent duration of 30 years. the offender dies. By service of sentence • Crime is debt incurred by the offender as a consequence of his wrongful act and the penalty is but the amount of his debt. the case on appeal will be dismissed. If he RECOVERS his reason. But if the dependant has expressly waived in writing his right to appeal. so that if he will have to suffer several perpetual disqualification. While amnesty wipes out all traces and vestiges of the crime. Title 4 EXTINCTION OF CRIMINAL LIABILITY  There are two (2) classifications when Criminal Liability are extinguished: a. Defined. By absolute pardon. The rule does not apply to the penalty prescribed but to the penalty imposed as determined by the court. and is usually exerted in behalf of certain classes of persons. By the death of the convict as to personal penalties. the judgment becomes final immediately.• The 3-fold rule must be used only when the product of the greatest penalty multiplied by 3 is less than the sum of all the penalties t be imposed. 2. it does not extinguish the civil liability of the offender. It is an act of the sovereign power granting oblivion or a general pardon for a past offense and is rarely. the execution of said sentence is suspended only as regards the personal penalty. under the rule. . By amnesty which completely extinguishes the penalty and all its effects AMNESTY. RULES IN SUSPENSION OF THE EXECUTION AND SERVICE OF PENALTIES IN CASE OF INSANITY: 1. TOTAL b. his sentence shall be executed. 4. • 4. PARTIAL CRIMINAL LIABILITY IS TOTALLY EXTINGUISHED AS FOLLOWS: 1. exercised in the favor of a single individual. The offended party may file a separate civil action under the Civil Code if any other basis for recovery of civil liability exists as provided under Art. who are subject to trial but have not yet been convicted. 3. At this instance. liability therefore is extinguished only when the death of the offender occurs before final judgment. Article 79 shall be observed. When a convict becomes insane or imbecile after final sentence has been pronounced.

in which case. 3. but the filing of the information in the trial court which will suspend the prescription.exercised when the person is already convicted . as a general rule on the day of the crime was committed.is a blanket of pardon to classes of individually by the president persons on communities who may be guilty of political offenses .amnesty looks backward and abolishes and puts into oblivion the offense itself. that is its abolishes or forgives the punishment . the period will only commence to run when the convict has began to serve the sentence. Defined.PARDON. • The prescription of penalty. is in the nature of a deed. Prescription of the crime begins. AMNESTY AND PARDON DISTINGUISHED. When a complaint is filed in a proper barangay for conciliation or mediation but the suspension of the prescriptive period is good only for 60 days. It is not the filing of the complaint.pardon being a private act of the President must be pleaded and proved by the person pardoned . PARDON AMNESTY . By prescription of the crime. When criminal case is filed in the Fiscal’s Office. It is an act of grace proceeding from the power entrusted with the execution of the laws which exempts the individual on whom it is bestowed from the punishment of the law inflicts for the crime he has committed. whether absolute or conditional. . whether the conciliation or mediation is terminated or not. Prescription of the crime is not waivable. • Pardon. for the validity of which delivery is an indispensable requisite. • • • It is the forfeiture or loss of the right of the state to prosecute the offender after the lapse of a certain time.includes any crime and is exercised . 2. the prescription of the crime is suspended until the accused is convicted or the proceeding is terminated for a cause not attributable to the accused.may be exercised even before trial or investigation is had . is a public act of which the courts should take judicial notice * BOTH DO NOT EXTINGUISH THE CIVIL LIABILITY OF THE OFFENDER 5. the prescription thereof would only commence from the time the offended party or the government learns of the commission of the crime.pardon looks forward and relieves the offender from the consequences of an offense or which he has been convicted. The prescription of the felony is suspended when: 1. the Prescription of the crime will be suspended only when the information is already filed with the trial court. But where the crime is subject to summary Procedure. not public. Prescription of Crimes Reclusion perpetua or temporal Punishable by afflictive penalties Punishable by correctional penalties Punishable by Arresto Mayor Crime of libel/similar offenses Oral defamation/slander by deed Light Offenses 20 years 15 years 10 years 5 years 1 year 6 months 2 months . unless the crime was concealed. after which the prescription will resume to run.amnesty being by proclamation of the chief executive with the concurrence of Congress.

Hence. PRESCRIPTION OF PENALTIES Death and Reclusion Perpetua 20 years Afflictive Penalties 15 years Correccional Penalties 10 years Arresto Mayor 5 years Light Penalties 1 year 6. When 10 justices of the Supreme Court fail to reach a decision for the affirmation of the death penalty 3. When the convict sentenced to death is over 70 years of age. the first day is to be excluded and that last day included When fine is an alternative penalty higher than the other penalty which is imprisonment – the prescription is based on the fine * Whether it is prescription of crime or penalty. PRESCRIPTION OF PENALTIES Death and Reclusion 20 years Perpetua Afflictive Penalties 15 years Correccional Penalties 10 years Arresto Mayor 5 years Light Penalties 1 year 2. or by decreasing the length of the imprisonment or the amount of the fine. the prescriptive period shall remain suspended whenever he is out of the country. marriage contracted only to avoid criminal liability is devoid of legal effects. prescribing the terms upon which the sentence shall be suspended. and went in a country with which the Philippines has no extradition treaty. seduction. INSTANCES WHERE COMMUTATION IS APPLIED: 1. • Conditional pardon delivered and accepted is considered a contract between the sovereign power of the Executive and the convict that the former will release the latter upon compliance with the condition. By conditional pardon. 2. • The mere commission not conviction by the Court. . Parole consists in the suspension of the sentence of a convict after serving the minimum term of the indeterminate penalty. abduction or acts of lasciviousness. By commutation of the sentence. of any crime is sufficient to warrant parolees arrest and reincarnation. 4.• • In computing the period for prescription. For good conduct allowances which the culprit may earn while he is serving sentence. By the marriage of the offended woman. defined. without granting a pardon. • In cases of rape. if the subject left the country. CRIMINAL LIABILITY IS EXTINGUISHED AS FOLLOWS: 1. • It is a change in the decision of the Court made by the Chief Executive by reducing the degree of the penalty inflicted upon the conflict. by parole. PAROLE. • This includes the allowance for loyalty under Article 98 in relation to Article 158.

the convict cannot be prosecuted under Art. and such property must be returned. ACQUITTAL IN THE CRIMINAL ACTION FOR NEGLIGENCE does not preclude the offended party from filing a civil action to recover damages. willfully or negligently causes damage to another shall indemnify the latter for the same. Acquittal on REASONABLE DOUBT – when the guilt of the offender has not been 2. 159. 3) He becomes liable under Art. unless the extinction proceeds from a declaration in a final judgment that the fact. NCC. 4. based on the new theory that the act is a quasi-delict. from which the civil liability might arise did not exist. subject to the provisions of Article 2177. Acquittal from A CAUSE OF NON-IMPUTABILITY – the exemption from criminal liability in favor of an imbecile insane person. 32. contrary. Extinction of the penal action does not carry with it extinction of the civil liability. “Civil obligations arising from criminal offenses shall be governed by the penal laws. 2) Failure to comply with the conditions shall result in the revocation of the pardon.may be given at anytime after final judgment . the convict may be ordered rearrested or reincarnated by the Chief Executive or may be prosecuted under Art. . ACCUSED IS NOT HELD CIVIL LIABILITY MAY EXIST. 34. “Every person who. 3. the offender is not civilly liable even if he is criminally liable for the felony committed. If the felony committed could not or did not cause any damage to another. 1161. Title 5 CIVIL LIABILITY Article 20. This is the Judicial remedy. on Human Relations and Title XVIII of this book. He can be rearrested and reincarcerated to serve the unserved portion of his original penalty OBLIGATIONS OF THE PERSON GRANTED CONDITIONAL PARDON 1) He must comply strictly with the conditions imposed on the pardon. IN CASES OF INDEPENDENT CIVIL ACTIONS under Article 31. and that this finding is the cause of the acquittal. and not criminal responsibility. ALTHOUGH THE CRIMINALLY LIABLE.granted by the Board of Pardons and Parole under the provision of the Indeterminate Sentence Law . 5.for violation of the conditional pardon.DISTINCTION BETWEEN CONDITIONAL PARDON AND PAROLE CONDITIONAL PARDON . 33.may be given after the prisoner has served the minimum penalty . etc. regulating damages: • • • The basis of civil liability is the obligation of everyone to repair or to make whole the damage caused to another by reason of his act or omission. RESTITUTION AND RESTORATION • Restitution or restoration presupposes that the offended party was divested of property.for violation of the terms of the parole. 159 of the Code PAROLE . to law. and of the pertinent provisions of Chapter 2. whether done intentionally or negligently and whether or not punishable by law. New Civil Code (NCC). IN THE FOLLOWING CASES: 1. CIVIL LIABILITY OF THE OFFENDER FALLS UNDER THREE CATEGORIES: 1. 159. Preliminary Title. WHERE THERE IS ONLY CIVIL RESPONSIBILITY – when the Court finds and so states in its judgment that there is only civil responsibility. and 1167 of NCC.granted by the Chief Executive under the provisions of the Administrative Code . proved beyond reasonable doubt. a civil action for damages for the same act or omission may be instituted.

master. except when such third party buys the property from a public sale where the law protects the buyer. servants. they cannot inherit the obligations. while the offender is primarily liable. pupils. but this is only to the extent that they inherit property from the deceased. 4. if they do not inherit. schooling or household chores. this also includes consequential damages to third party who also suffers because of the commission of the crime. Felonies committed by employers. the same shall nevertheless be taken from him and restored to the offended party. he will be required by the Court if found guilty to pay the actual price of the thing plus its sentimental value. The employee must have been found guilty of the crime charged and accordingly held civilly liable. 5. 3. in the course of their employment. At the time the crime was committed the employer-employee relationship must be existing between the two. or owner is subsidiarily liable. hotels. The right of the offended party transcends to heirs upon death. teacher is subsidiarily liable civilly. The person who employed the irresistible force is subsidiarily liable. the liability of the person subsidiary liable is absolute. 3. even though such third party may be a holder for value and a buyer in good faith of the property. Indemnification of consequential damages refers to the loss of earnings. where the crime is committed within their establishment die to non-compliance with general police regulations. even if the offender dies. In case of a felony committed under an impulse of an equal or greater injury. Restitution is applicable only to crimes against property. SUBSIDIARY LIABILITY Requisites: 1. 2. the writ of execution for the satisfaction of the civil liability was returned unsatisfied because the accused-employee does not have enough property to pay the civil liability. it is enough that the writ of execution is returned unsatisfied SUBSIDIARY CIVIL LIABILITY IS IMPOSED IN THE FOLLOWING: o 1. Penalties Time included in the penalty in its entirety From 12 years and 1 day to 20 Time included in its minimum period From 12 years and 1 Time included in its medium period From 14 years. 3. The person who generated such an impulse is subsidiarily liable. and 4. INDEMNIFICATION FOR CONSEQUENTIAL DAMAGES 1. provided he died after judgment became final. all the requisites must concur o there is no need to file a civil action against the employer in order to enforce the subsidiary civil liability for the crime committed by his employee. It is ordinarily the remedy granted to the victims of crimes against persons 2. In case of a felony committed under the compulsion of an irresistible force. the heirs shall assume the burden of the civil liability. inns. In case the accomplice and the principal cannot pay. 2. motels. loss of profits. 8 Time included in its maximum period From 17 years. The employer must be engaged in business or in trade or industry while the accused was his employee. This does not refer only to the consequential damages suffered by the offended part. if the offender who is primarily liable cannot pay the proprietor. 2. REPARATION • When the stolen property cannot be returned because it was sold to an unknown person. 4 months and 1 Reclusion Temporal . The obligation of the offender transcends to his heirs.• • • • If the property is in the hands of a third person/party. The employer. The owners of taverns. The heirs of the offended party step into the shoes of the latter to demand civil liability form the offender.

3. The law became effective on May 21. minors aged fifteen (15) and below are now absolutely exempt from criminal liability. there is no need to apply for or file a Petition for a suspension of sentence. The minor should not have been given the benefit of suspension of sentence before. but below eighteen (18). even though at the time of the commission of the crime. 64. Conditions for suspension of sentence of minor: 1. he was over nine (9) and below fifteen (15) years of age. 2. The crime committed should not be punishable by the penalty of life imprisonment or the death penalty. 9344 must be taken into account.A. If the offender is above fifteen (15). 9344. However. there is no exemption anymore but he is also given the benefit of a suspended sentence under the three preceding conditions.A. he is not exempt from criminal liability unless it is shown that he acted with discernment.A. Under R. The age of the minor at the time of the promulgation of judgment must be below eighteen (18). or whose sentence will be reduced to reclusion perpetua On April 28. suspension and destierro From 6 years and 1 day to 12 years months and 1 day to 17 years From 8 years and 1 day to 10 years day to 20 years From 10 years and 1 day to 12 years From 6 months and 1 day to 6 years From 6 months and 1 day to 2 years and 4 months From 1 month and 1 day to 2 months From 1 to 10 days Arresto Mayor From 1 month and 1 day to 6 months From 1 to 30 days Arresto Menor From 2 years. absolute disqualificatio n and special temporary disqualificatio n Prision Correccional. Gloria Arroyo signed into law Republic Act 9344 otherwise known as “ JUVENILE JUSTICE and WELFARE ACT OF 2006”. the minor offender must be referred to the appropriate government agency for rehabilitation. 2006. 2006. If a minor above fifteen (15) but below eighteen (18) commits a crime. REPUBLIC ACT NO.years day to 14 years and 8 months From 6 years and 1 day to 8 years Prision Mayor. the following shall be imposed: reclusion perpetua – Revised Penal Code life imprisonment – Special Laws not eligible for parole under the Indeterminate Sentence Law : persons convicted of offenses punished by reclusion perpetua. R. The law mandates an automatic suspension of service of sentence of the youthful offender. Note: Under Section 5 of R. 9344 also mandates the Courts to automatically suspend the sentence. 8539 (Family Court Law). 9344 – Juvenile Justice and Welfare Act of 2006 . 9346 – An Act Prohibiting the Imposition of Death Penalty in the Philippines – in lieu of the death penalty. If the sentence is promulgated.A. In all cases. Also. the court will impose a penalty one (1) degree lower and in the proper periods subject to rules in Art. the provisions of R. 4. 4 months and 1 day to 4 years and 2 months From 2 months and 1 day to 4 months From 11 to 20 days From 4 years 2 months and 1 day to 6 years From 4 months 1 day to 6 months From 21 to 30 days REPUBLIC ACT NO. should the minor above fifteen but below eighteen be found guilty.

E. access to legal and other appropriate assistance. it is a war crime. 4. right to be imposed a judgment under the principle of restorative justice 13. right to the imposition of fine as a matter of discretion 14. UNLESS he has acted with discernment. right to automatic suspension of sentence 15. 3. to maintain contact with family. 114: TREASON • 1. adheres to the enemies. that there is a war in which the Philippines is involved.114 in that prior to this order. 2. - . and shall be for the shortest appropriate period of time. a breach of allegiance to a government.Under E.. committed by a person who owes allegiance to It is a violation by the subject of his allegiance to his sovereign or to the supreme authority of the State. giving them aid and comfort TREASON DEFINED: it. . resident aliens may now be held liable for Treason. detention or imprisonment as last resort. or b. 2. rules and regulations Minimum Age of Criminal Responsibility 15 y/o or below at the time of the commission of the offense shall be EXEMPT from criminal liability. Allegiance referred to in the crime of Treason may be permanent or temporary. -does not include exemption from civil liability BOOK TWO TITLE ONE CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS Art. but will be subjected to the intervention program. only Filipino citizens are held liable for treason. 6. right to diversion if qualified or voluntarily avails of the same 12. 44.O. to be a witness in his behalf under the rule on examination of a child witness 10. Above 15 but below 18 y/o shall be EXEMPT from criminal liability and be subjected to an intervention program. right to challenge legality of detention and to a prompt decision on such action 8. Right against deprivation of liberty. that the offender either a. levies war against the government. if qualified 16. right to probation. in which case he shall be subjected to the appropriate proceedings under this Act. right against torture or other cruel.O. 5. Not to be detained together with adult offenders. - Allegiance is the obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign. 7. other rights as provided by existing laws. without the possibility of release 3. right against imposition of the capital punishment or life imprisonment. ELEMENTS: that the offender is a Filipino citizen or an alien residing in the Philippines.Rights of the child in conflict with the law: 1. concealment or misrepresentation 17. in return for the protection they receive. right to have his privacy respected fully at all stages of the proceedings 11. 44 amended Art. right to be free from liability for perjury. Treason cannot be committed in time of peace. inhuman or degrading treatment or punishment. right to bail and recognizance 9.

there must be two witnesses to each part of the overt act. Treason is a continuous crime. giving them aid or comfort. The aid and comfort given to the enemies must be after the declaration of war. Extent of aid and comfort should be manifested by some overt or physical acts and not merely one which is mental. The law of Treason is an emergency measure. This rule is severely restrictive and conviction for treason is difficult. - Adherence and giving aid or comfort to the enemy must concur. The purpose of which is to execute a treasonable design by force. to be treasonous. 2. It is not necessary to prove adherence. - - - - ** 2nd paragraph: Treason cannot be proved by circumstantial evidence or by the extrajudicial confession of the accused ** Ways of proving treason: - 1.- Treasonable acts may actually be perpetrated during peace. Two modes of committing Treason: 1. The defendant’s act of giving information to the enemy constituted not only giving aid and comfort. All overt acts committed by the accused constitute a single offense. The provision requires that each of the witnesses must testify to the whole overt act. Adhering to the enemies of the Phil. The act committed need not actually strengthen the enemy. or if it is separable. The levying of war must be with the intent to overthrow the government and not merely to resist a particular statute or to repel a particular officer. Treason by Filipino citizen may be committed outside the Philippines. the extent of the aid and comfort given to the enemies must be to render assistance to them as enemies and not merely as individuals and in addition. testimony of 2 witnesses. It is not the degree of success but rather the aim for which the act was perpetrated. otherwise the offender shall be held liable for Rebellion and not for Treason. Adherence to the enemy presupposes an intent to betray. b. An actual assembling of men. Levying war against the government Levying war requires the concurrence of: a. Aid or comfort means an act which strengthens or tends to strengthen the enemy in the conduct of war against the traitor’s country and an act which weakens or tends to weaken the power of the traitor’s country to resist or to attack the enemy. but there are no traitors until war has started. at least (two. . Treason is punished by the State as a measure of self defense and self preservation. be directly in furtherance of the enemies’ hostile designs. The enemies must be subject of a foreign power. but treason by an alien must be committed within the Philippines.. that determines the commission of treason. As a general rule. There is no treason thru negligence because the overt act of giving aid or comfort to the enemy must be intentional. Proof of one count is sufficient for conviction. The levying of war must be in collaboration with a foreign enemy. but also adherence to the enemy.witness rule) Required to prove the overt act of giving aid or comfort.

*** DEFENSES: Confession of the accused in open court.115: CONSPIRACY AND PROPOSAL TO COMMIT TREASON: • PENALTY: a. Art. a warship. Art. and That he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or mayor or fiscal of the city in which he resides. ** The two-witness rule does not apply to this crime because this is a separate and distinct offense from treason. Proposal to commit treason is committed when in time of war a person who has decided to levy war against the government or to adhere to the enemies and to give them aid or comfort. photos. 2. • 1. Conspiracy to commit treason is committed when in time of war. or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the Republic of the Philippines or to the advantage of any foreign nation. b. proposal to commit treason: Prision correccional and a fine not exceeding P 5. without authority. or naval or military establishment or reservation to obtain any information. TWO WAYS OF COMMITTING ESPIONAGE: by entering. • conspiracy to commit treason: Prision Mayor and a fine not exceeding P 10. plans. 117: ESPIONAGE • PENALTY: Prision correccional • ESPIONAGE is the offense of gathering. transmitting. 116: MISPRISION OF TREASON • ELEMENTS: that the offender must be owing allegiance to the Government and NOT a foreigner. 1. proposes its execution to another person.000 HOW CONSPIRACY AND PROPOSAL ARE COMMITTED: a. and decide to commit it. Art. ** This crime is an exception to the rule that mere silence does not make a person criminally liable. two or more persons come to an agreement to levy war against the government or to adhere to the enemies and to give them aid or comfort. Defense of obedience to de facto government Defense of duress or uncontrollable fear.2. fort.000 b. or other data of a confidential nature relative to the defense of the Philippines. . 1. 2. 3. that he has knowledge or any conspiracy (to commit treason) against the Government.

That such acts provoke or give occasion for a war involving or liable to involve the Philippines or expose Filipino citizens to reprisals on their persons or property. f. data or information referred to in par. e. That the offender performs unlawful or unauthorized acts 2. ** The crime of inciting to war or giving motives for reprisals is committed IN TIME OF PEACE. c. • PENALTY: Reclusion temporal – if offender is a public officer or employee Prision mayor – if offender is a private individual ELEMENTS: 1. data or information by reason of the public office he holds c. 2. 119: VIOLATION OF NEUTRALITY • PENALTY: Prision correccional . That he discloses their contents to a representative of a foreign nation. that he has in his possession the articles. 117) which he had in his possession by reason of the public office he holds. 1 (Art. b. ELEMENTS: that the offender enters any of the places mentioned therein that he has no authority therefore that has purpose is to obtain information. that the offender is a public officer b. b. d.** Intent to obtain information by the offender is critical. 118: INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS • 1. Art. By disclosing to the representative of a foreign nation the contents of the articles. plans. c. • unlawfully obtaining or permitting to be obtained information affecting national defense unlawful disclosing of information affecting national defense disloyal acts or words in time of peace disloyal acts or words in time of war conspiracy to violate preceding sections harboring or concealing violators of the law ESPIONAGE AND TREASON DISTINGUISHED: espionage as a crime is not conditioned by the citizenship of the offender and may be committed in time of war or in time of peace treason may only be committed in time of war and is only limited in two ways of committing the crime SECTION TWO: PROVOKING WAR AND DISLOYALTY IN CASE OF WAR Art. photos etc. • a. ELEMENTS: • a. COMMONWEALTH ACT 616 AN ACT TO PUNISH ESPIONAGE AND OTHER OFFENSES AGAINST NATIONAL SECURITY • ACTS PUNISHABLE UNDER CA 616: a. of a confidential nature relative to the defense of the Philippines 2.

• prohibited by the government. c. otherwise no crime is committed. b. 4. it is punishable. Art. the following must concur: that the notice or information might be useful to the enemy that the offender intended to aid the enemy ** If the offender intended to aid the enemy by giving such information. the crime amounts to treason. or carried on in ciphers or conventional signs containing notice or information which might be useful to the enemy 1. hence. • QUALIFYING CIRCUMSTANCES: a. that there is a war in which the Philippines is NOT involved that there is a regulation issued by competent authority for the purpose of enforcing neutrality that the offender violates such regulation NEUTRALITY DEFINED: - A nation or power which takes no part in a contest of arms going on between others is referred to as NEUTRAL. 120: CORRESPONDENCE WITH HOSTILE COUNTRY • ELEMENTS: that there is a war wherein the Philippines is involved the offender makes correspondence with the enemy country or territory occupied by enemy troops that the correspondence is either: a. that the offender must be owing allegiance to the government 3. that there is a war in which the Philippines is involved 2. ** Mere attempt to flee or go to enemy country consummates the crime ** Fleeing or going to enemy country must be prohibited by competent authority. 3. 121: FLIGHT TO ENEMY’S COUNTRY • ELEMENTS: 1. ** Even if correspondence contains innocent matters. 3. CORRRESPONDENCE DEFINED: It is the communication by means of letters. SECTION THREE: PIRACY AND MUTINY ON THE HIGH SEAS . if the correspondence has been prohibited by the government. • ELEMENTS: 1. b.• 2. 2. or it may refer to the letters which pass between those who have friendly or business relations. that the offender attempts to flee or go to enemy country that going to the enemy country is prohibited by competent authority ** An alien resident may be guilty of flight to enemy country because the allegiance contemplated under this article may be temporary or permanent. both have the same penalty Art.

• MUTINY IN THE HIGH SEAS: it is the (a) unlawful resistance to a superior officer. Homicide. WATERS • PIRACY DEFINED: it is the robbery or forcible depredation in the high seas or in Philippine Water without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. which are without the boundaries of the low-water mark. OR the personal belongings of its complement or passengers. or “force upon things” are members of the crew or passengers. that the offenders: (a) attack that vessel. while on the high seas. HIGH SEAS. in any manner derives any benefit therefrom 2.refer to any waters on the seacoasts. aids or protects pirates b.Art. 2. while the ship is on the high seas. that a vessel is on high seas 2. TWO MODES OF PIRACY: by attacking or seizing a vessel on the high seas by seizing the whole or part of the cargo or equipment of the vessel. ** Qualified Piracy is a special complex crime ** Any of said crimes that accompany the commission of piracy becomes an element of qualified piracy. they are not members of the complement or passengers of the vessel 3. the offenders not being the members of the complement or passengers ELEMENTS: • 1. PD 532 punishes the act of AIDING or ABETTING PIRACY 1. acquires or receives property taken by such pirates. that the offenders are strangers to the vessel. 122. Physical Injuries. 3. 122: PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHIL. piracy is NOT committed but robbery in the high seas. or the personal belongings of its complement or passengers ** if the offenders who seized the vessel by “violence or intimidation”. 123 which embrace any of the crimes referred to in Art. which are piracy and mutiny. . or c. • 1. or Rape 1. Directly or indirectly abets the commission of piracy. Abandonment of victims without means of saving themselves Crime is accompanied by Murder. although such waters may be the jurisdictional limits of a foreign government. REQUISITES: 1. Art. 2. Distinguished from piracy. its equipment. offenders in piracy are strangers to the vessels and with intent to gain. KNOWINGLY: a. • IS THERE QUALIFIED MUTINY? - There is qualified mutiny because of Art. 123. meaning. OR (b) the raising of commotion and disturbances on board a ship against the authority of its commander. OR (b) seize the whole or part of the cargo of said vessel. the qualifying circumstances for mutiny are limited to pars (2) and (3) of Art. However. 123: QUALIFIED PIRACY • SPECIAL QUALIFYING CIRCUMSTANCES: Seizure of the vessel by boarding or firing upon the same.

4. warrantless arrest) 3. or filing of an information against the person arrested. 1. corrosive. or poisonous substances. but the making of an accusation or charge. REQUEST FOR PRELIMINARY INVESTIGATION: The person so arrested without a warrant may request for a preliminary investigation.b. LEGAL GROUNDS FOR THE DETENTION OR PERSONS: 1. 2. shipping. AIRCRAFT IS “IN FLIGHT” – from the moment all exterior doors are closed following embarkation. That he has detained a person for some legal ground (n. Title 2 CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE (ARTS. while within Philippine territory. compelling the pilots thereof to land in any part of Philippines territory. until such time when any of such doors are again opened for embarkation. IF not done in accordance with the rules and regulations of the Air Transportation Office. with the corresponding court or judge. 125 is NOT applicable when the arrest is by virtue of a warrant of arrest. explosive or poisonous substances. corrosive. flammable. 124-133) Art. 18 hours – correctional penalties or their equivalent 36 hours – afflictive penalties or their equivalent “Shall fail to deliver to proper authorities” . That the offender is a public officer or employee 2. Carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines. flammable. 124: ARBITRARY DETENTION • Elements: 1. That he detains a person 3.does NOT mean physical delivery. Violent insanity or other ailment requiring compulsory confinement of the patient in a hospital.RA 6235 ANTI-AIRCRAFT PIRACY OR HIJACKING LAW OF 1971 • ACTS PUNISHED: Usurping or seizing control of aircraft of Philippine registry. 3. compelling the pilots thereof to change the course or destination. an inquest proceeding is done to determine the validity of the arrest ILLEGAL DETENTION: . and Loading. 125: DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITIES • ELEMENTS: 1. the penalty must be higher than 4 years and 2 months WARRANT OF ARREST: Art. That the offender is a public officer or employee 2. but he must sign a waiver of Art. while it is in flight. Art. Usurping or seizing control of an aircraft of foreign registry. The commission of a crime 2. That he fails to deliver such person to the proper judicial authorities within the prescribed period. That the detention is without legal grounds. 12 hours – light penalties or their equivalent. in which case he can be detained indefinitely. to avail of this. or transporting on board a cargo aircraft operating as a public utility in the Philippines. 126.

1. If the offender is a private individual. TO COMPEL CHANGE OF RESIDENCE: -Only the Court by a final judgment can order a person to change his residence Art. but becomes illegal after a certain period of time because the offended party is not delivered to the proper judicial authority within the period specified. expels any person from the Philippines. Sec. the detention is legal from the beginning. SEARCHING papers or other effects found therein without the previous consent of such owner. (illegal deportation) OR b. REFUSING to leave the premises: (a) after having surreptitiously entered said dwelling AND. then the crime is Illegal detention 2. THE ESSENCE of the offense is the refusal to leave. and not the entrance without consent. 127: EXPULSION • ELEMENTS: 1. 69 with (1) investigation by the Deportation Board and (2) recommendation of such Board to the President 2. ELEMENTS: that the offender is a public officer or employee detention prisoner. and/or to make a search for papers and for other effects. that the offender is a public officer or employee 2. • COMMON ELEMENTS: 1. that the offender is a public officer or employee 2. And that he is not authorized by judicial order to enter the dwelling. A mere entry without consent will not constitute this crime. 128: VIOLATION OF DOMICILE • PUNISHABLE ACTS: 1. that the offender is not authorized by law to do so • AUTHORIZED BY LAW: 1. 3. Art. OR (b) that there is a proceeding upon a petition for the liberation of such person that the offender without good reason (a) delays the service of the notice of such order to the prisoner. committed at nighttime . or the proceedings upon a petition for the release of such person 2. that he: a. the breaching of the express or implied opposition of prohibition of the owner. TO DEPORT: Only President of the Philippines is authorized to deport aliens under the RAC. • SPECIAL AGGRAVATING CIRCUMSTANCES: 1. ENTERING any dwelling against the will of the owner. 126: DELAYING RELEASE • 1. (b) after having required to leave the same. Art. OR (b) the performance of such judicial or executive order for the release of the prisoner. compels a person to change his residence 3. The essence of the offense is 2. In illegal detention. that (a) there is a judicial or executive order for the release of a prisoner or 3.

132: INTERRUPTION OF RELIGIOUS WORSHIP • ELEMENTS: 1. or dissolving the same. any petition to the authorities for the correction of abuses or redress of grievances ** The offender must be a stranger and not a participant thereto otherwise the crime committed would be unjust vexation. that he searches the domicile. after a search is made by the offender. • BY EXCEEDING his authority OR. Prohibiting or interrupting the holding of a peaceful meeting. papers. issued in the name of the people of the Philippines. Art. and 3. though having procured the same with just cause: a. 131: PROHIBITION. that he does any of the following prohibited acts: a. BY USING INNECESSARY SEVERITY in executing this search warrant legally procured SEARCH WARRANT DEFINED: it is an order in writing. if any papers or effects not constituting evidence of a crime are not returned immediately. hindering any person from joining any lawful association or from attending any of its meetings. or other belongings of any person 3. Art. That the owner or any member of his family. either alone or together with others. prohibiting or hindering any person from addressing . INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS • ELEMENTS: 1. BY PROCURING a search warrant without just cause. 130: SEARCHING DOMICILE WITHOUT WITNESSES • ELEMENTS: 1.2. that religious ceremonies or manifestations of any religion are about to take place or are going on. or 2. b. c. there is no legal ground to “prohibit” the meeting. 129: SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED • PUNISHABLE ACTS: 1. Art. that the offender prevents or disturbs the same ** This crime is qualified by violence or threats. that the offender is a public officer or employee 2. or two witnesses residing in the same locality are not present. signed by a judge and directed to a peace officer commanding him to search for personal property described therein and bring it before the court. . Art. ** The interruption of a peaceful meeting of a municipal council by a public officer is a crime against a legislative body and not punished under this Article. that the offender is a public officer or employee 2. without legal ground. b. when the danger is not imminent and the evil to be prevented is not a serious one. that the offender is a public officer or employee 2.

• Actual clash of arms with the forces of the Government is not necessary. and b.Art. or . 134:Rebellion. OR (b) during the celebration of any religious ceremony (not necessarily in he place of worship). Singly or simultaneously carried out anywhere in the Philippines By any person or persons: • • . Insurrection – it refers to a movement which seeks merely to effect some change of minor importance. • Rebellion v.duly constituted authorities of the Republic of the Philippines. COUP D’ETAT How committed: • • • It is a swift attack Accompanied by: violence. it is sufficient that the purpose of the uprising must be shown although it was not accomplished. 134 (Coup d’etat) is Rebellion. of any of their powers and prerogatives. Subversion Subversion is a crime against national security. intimidation. public uprising. Coup d’etat. . 2. Rebellion is a crime against public Levying war against the government during peacetime for any of the purposes mentioned in Art. To deprive the Chief Executive or congress. Treason may be committed by mere adherence to the enemy giving them aid or comfort. giving aid and comfort is not criminal in rebellion.communication networks. TITLE III 1. strategy or stealth Directed against: . or 2) any body of land. CRIMES AGAINST PUBLIC ORDER Chapter I Art. • order. That the acts must be notoriously offensive to the feelings of the faithful. wholly or partially. That there be: a. . threat. • Rebellion v. 133: OFFENDING RELIGIOUS FEELINGS • ELEMENTS: that the acts complained of were performed (a) in a place devoted to religious worship (not necessarily during a religious worship). • ELEMENTS: 1.other facilities needed for the exercise and continued possession of power. taking arms against the government 2. Sedition. naval or other armed forces. or b.any military camp or installation. Treason Rebellion always involves taking up arms against the government. or to prevent the exercise of governmental authority with respect to particular matters or subjects. to remove from the allegiance to said Government or its laws 1) the territory of the Philippines or any part thereof. and Disloyalty Rebellion or Insurrection Rebellion – the object of the movement is to overthrow and supersede the existing government. That the purpose of the uprising or movement is either a.public utilities or .

• • This act presupposes the presence of rebellion by other persons. (d) abets or (e) aids in undertaking a coup d’etat. shall be deemed a leader of such rebellion. Any person who (a) promotes (b) maintains. mere silence or omission is not punishable in rebellion. and 2. • This is an instance where the law punishes preparatory acts. any person who in fact directed the others spoke for them. and Decide to commit it. Accepting appointment to office under them. Insurrection or Coup d’etat Who are Liable: A. 3. Any person who (a) participates or (b) executes the commands of others in rebellion. 136: CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ETAT. writings. The offender must not be in conspiracy with the rebels. 1. Art.holding any public office or employment With or without civilian support or participation. or 3. 2. There is Proposal when: 1. • Public officer must take active part. two or more persons come to an agreement to commit coup d’etat or rebellion as the case may be. Failing to resist a rebellion by all the means in their power. Art. or . 2. REBELLION OR INSURRECTION. (b) supports. on behalf of the rebels. There is a person was decided to commit the crime of coup d’etat or rebellion as the case may be. proclamations. There is Conspiracy when: 2. Proposes its execution to some other person. 137: DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES Acts of disloyalties which are punished: 1. his crime is the same as that of his co-conspirators. emblems. banners or other representations tending to the same end. That he incites others to the execution of any of the acts of rebellion. Any person not in the government service who (a) participates. For the purpose of: seizing or diminishing state power. 138: INCITING TO REBELLION OR INSURRECTION • ELEMENTS: 1. When rebellion. or 2. either as a means to its commission or as an intended effect of an activity that constitutes rebellion.• • . Otherwise.belonging to the military or police. That the inciting is done by means of speeches. Art. signed receipts and other documents issue in their name. B. to be liable. Any person who (a) leads. The participants: 1. insurrection or coup d’etat. The leaders: 1. 2. (c) finances. or (c) heads a rebellion or insurrection. or performed similar acts. (b) directs. insurrection or coup d’etat. insurrection or coup d’etat shall be under the command of unknown leaders. or (c) commands others to undertake coup d’etat. That the offender does not take arms or is not in open hostility against the government. • • Art. Rebellion cannot be complexed with other common crimes on the occasion thereof. . Continuing to discharge the duties of their offices under the control of the rebels. 135: Penalty for Rebellion.

It is the use of words. Inciting to sedition to accomplish any of its objects. or disturb the peace of the community. writings. 2. and e. any act of hate or revenge against private persons or any social class. intimidation or other means outside of the legal methods. the safety and order of the Government. That the inciting is done by means of speeches. 2. d. etc. Sedition is the raising of commotion or disturbances in the state. They tend to instigate others to cabal and meet together for unlawful purposes. • Public Uprising and an object of sedition must concur. They lead or tend to stir up the people against the lawful authorities. 2. or other representations tending to the same end. To commit. which tend to disturb the public peace. To prevent the promulgation or execution of any law or the holding of any popular election. proclamations. They suggest or incite rebellious conspiracies or riots. or any provincial or municipal government. emblems…etc. 3. The leader of the sedition 2. • • 1. Uttering seditious words or speeches which tend to disturb the public peace. 4. They tend to disturb or obstruct any lawful officer in executing the functions of his office. Art. 3. • Uttering seditious words or speeches and writing and publishing or circulating scurrilous libels are punishable – when: 1. for any political or social end. and not the performance of the act of sedition. c. To despoil. That the offenders employ any of those means to attain any of the following objects: a. That he incites others to the accomplishment of any of the act which constitutes sedition. municipality or province. Art.139: SEDITION • ELEMENTS: 1. 3. To prevent the National Government. • Common crimes are not absorbed in sedition.. 141: CONSPIRACY TO COMMIT SEDITION • Only conspiracy to commit sedition is punishable. for any political or social end. Elements: That the offender does NOT take direct part in the crime of sedition. Sedition Treason is the violation by a subject of his allegiance to his sovereign. The Clear and Present Danger Rule • . writings. • Treason v. To inflict any act of hate or revenge upon the person or property of any public officer or employee. any person. There are 2 rules relative to seditious words: 1. which is punished in inciting to sedition. by means of speeches. • The essence is the inciting of the people to rise publicly and tumultuously. Other persons participating in the sedition Art. or circulating scurrilous libels against the government or any of the duly constituted authorities. Persons Liable: 1. 142: INCITING TO SEDITION Punishable Acts: 1. That they employ force. and not proposal to commit sedition. or prevent the execution of any administrative order. publishing. proclamations. That the offenders rise (a) publicly and (b) tumultuously. b. emblems. Writing. 3. Actual disturbance or disorder is NOT necessary to inciting to sedition. or the National Government of all its property or any part thereof. 2. banners. cartoons.• Rebellion should not be committed. or any public officer therefrom from freely exercising its or his functions. Inciting others to the accomplishment of any of the acts of sedition. emblems.

That the offender does any of the following acts: a. is incited to the commission of the crime of treason. 2. Any meeting in which the audience. 143: ACTS TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR BODIES Elements: 1. Attending any meetings of the Congress or any of its committees or subcommittees. b. Constitutional Commissions or committees. The organizers or leaders of the meeting 2. in such a manner as to interrupt its proceedings or to impair the respect due it. 145: Violation OF PARLIAMENTARY IMMUNITY Punishable Acts: 1. constitutional commissions or committees or divisions. or any provincial board or city or municipal council or board. He behaves while in the presence of any such bodies. Casting his vote 2. He disturbs any of such meetings b. • One who disturbs the proceedings of the Congress. whether armed or not. rebellion or insurrection. may also be punished for contempt by the Congress. Persons Liable in Illegal Assembly: 1. That there be a meeting of the Congress or any of its committees or subcommittees. intimidation. Using force. 144: DISTURBANCE OF PROCEEDINGS Elements: 1. threats. Persons merely present at the meeting . except in case such member has committed a crime punishable under the Code by a penalty of Prision Mayor or higher. Art. CHAPTER II CRIMES AGAINST POPULAR REPRESENTATION Art. a projected meeting or actual meeting. Expressing his opinions. The Dangerous Tendency Rule . That there be a. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the Code. or b. a. or of any provincial board or city or municipal council or board. Chapter III ILLEGAL ASSEMBLIES Forms of illegal Assembly: 1. sedition.- The words must be of such nature that by uttering them there is a danger of a public uprising and that such danger should be both clear and imminent. or c. or assault upon a person in authority or his agents. 2. of the National Assembly or any of its committees or subcommittees. That the offender who may be any person PREVENTS such meeting by force or fraud. Constitutional Commissions or committees or divisions. Art. 2. or fraud to prevent any member of Congress from.There is inciting to sedition when the words uttered or published could easily produce disaffection among the people and a state of feeling in them incompatible with a disposition to remain loyal to the Government and obedient to the laws. Arresting or searching any member while the Congress is in regular session or special session. 2.

It is necessary that the audience is actually incited. must have the intent to defy the authorities. its special or standing committees and subcommittees. they may be a private individual. Persons Liable: 1. Founders. Without public uprising. SUBCOMMITTEES OR DIVISIONS Punishable acts: 1. Members of the association Art. 2. • • Can be committed only when a direct assault is also committed Offended party may be a private person. Offender lays hands upon a person in authority • • Additional penalty for attacking an ambassador or minister (RA 75) Knowledge of the accused that the victim is a person in authority or his agent is essential. That a person comes to the aid of such authority or his agent. 2. Simple Assault 2. Qualified Assault 2 Ways to Commit: 1. INCITING TO REBELLION or SEDITION insofar as the one inciting them in concerned. to obey summons of the National Assembly. 150: DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY. 2. Refusing. Art. or by any commission or committee chairman or member authorized to summon witnesses. by employing force or intimidation for the attainment of any purposes enumerated in defining the crimes of sedition and rebellion. while engaged in the performance of official duties. directors and president of the association. any person who comes to the aid of a person in authority of his agent. 148. If any person carries an unlicensed firearm. 148: DIRECT ASSAULTS Kinds: 1. Direct Assault is Qualified when: 1. That the offender makes use of force or intimidation upon such person coming to the aid of the authority of his agent. ITS COMMITTEES OR SUBCOMMITTEES. or on the occasion of such performance. by employing force or seriously intimidating or by seriously resisting any person in authority of any of his agents. 2. Art. offender is a public officer or employee 3. BY THE CONSTITUTIONAL COMMISSION. Association totally or partially organized for the purpose of committing any of the crimes punishable under the Code. by attacking. 2. Without public uprising. 147: ILLEGAL ASSOCIATIONS Prohibited Associations: 1. without legal excuse. Association totally or partially organized for some purpose contrary to public morals. subcommittees and divisions. 3. If in the meeting the audience is incited the commission of rebellion or sedition. Refusing to be sworn or placed under affirmation while before such legislative or constitutional body or official. the Constitutional Commissions and its committees. .• • • Persons merely present at the meeting must have a common intent to commit the felony of illegal assembly. Offended party need not be a person in authority or his agent. Committed with a weapon 2. the crimes committed are ILLEGAL ASSEMBLY as regards to the organizers or leaders or persons merely present. Art. 149: Indirect ASSAULT Elements: 1. That a person in authority or his agent is the victim of any of the forms of direct assault defined in Art. it is presumed that the purpose of the meeting insofar as he is concerned is to commit acts punishable under the RPC and he is considered a leader or organizer of the meeting. ITS COMMITTEES.

3. Refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions. 4. Restraining another from attending as a witness in such legislative or constitutional body. 5. Inducing disobedience to summons or refusal to be sworn by any such body or official.

Art. 151: RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OF
THE AGENTS OF SUCH PERSON Elements of Resistance and Serious Disobedience: 1. That a person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender. 2. That the offender resists or seriously disobeys such person in authority or his agent. 3. That the act of the offender is not included in the provisions of 148 – 150 ( Direct assault, Indirect assault, and Disobedience to summons…, respectively) Elements of Simple Disobedience: 1. That an agent of person in authority is engaged in the performance of official duty or gives a lawful order to the offender. 2. That the offender disobeys such agent of a person in authority. 3. That such disobedience is not of a serious nature. • • The crime consists of the failure to comply with the direct orders issued by the authorities in the exercise of official duties. Distinction:

Direct Assault:The person in authority or his agent must be engaged in the performance of official duties of that he is assaulted by reason thereof. Resistance: Persons in authority or his agent must be in actual performance of duties Direct Assault: That there is force employed. Resistance: Use of force is not so serious, as there is no manifest intention to defy the law and officers enforcing it. • Person in authority - Any person directly vested with jurisdiction, whether as an individual or as a member of some court or government owned or controlled corporation, board or commission. Agent of person in authority - any person who by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as barangay councilman, barangay policeman, barangay leader officers and members of the Barangay Community Brigades, and any person who comes to the aid of persons in authority. Barangay captain and barangay chairs are also deemed as persons in authority. Persons in authority include: 1. Municipal mayor 2. Division superintendent of schools 3. Public and private school teachers 4. Teacher; nurse 5. President of Sanitary division 6. Provincial fiscal 7. Justice of peace 8. Municipal councilor 9. Barrio captain and barangay chair. Professors are persons in authority for Art. 148 and 151, but NOT in Art. 149 (Direct assault)

Art. 153: TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER

Punishable acts: 1. Causing any serious disturbance in public place, office or establishment. 2. Interrupting or disturbing public performances, functions or gatherings, or peaceful meetings, if the act is not included in 131-132 3. Making an outcry tending to incite rebellion or sedition in any meeting, association, or public place. 4. Displaying placards or emblems which provoke a disturbance of public order in such place. 5. Burying with pomp the body of a person who has been legally executed. •

• •

Serious disturbance must be planned or intended. OUTCRY- to shout subversive or provocative words tending to stir up the people to obtain by means of force or violence any of the objects of rebellion or sedition. If TUMULTUOUS, crime is qualified.

Art. 154: UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL
UTTERANCES Punishable acts: 1. Publishing or causing to be published, by means of printing, lithography or any other means of publication, as news, any false news which may endanger the public order, or to cause damage to the interest or credit of the State. 2. Encouraging disobedience to the law or to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches. 3. Maliciously publishing or causing to be published any official resolution or document without authority, or before they have been published officially. 4. Printing, publishing or disturbing (or causing the same) books, pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as anonymous. • • Actual public disorder or actual damage to the credit of the State is not necessary. Offender must know that the news is false

Art. 155: ALARMS AND SCANDALS
Punishable Acts; 1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place calculated to cause alarm or danger (should not be aimed at a person otherwise, shall be liable of Art. 254) 2. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility. 3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements. 4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided 153 is not applicable. •


The act must produce alarm or danger as a consequence. CHARIVARI – includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, tin, horns, etc. designed to annoy or insult. If the disturbance is of a serious nature, the case will fall under Art. 153.

Art. 156: DELIVERING PRISONERS FROM JAIL
Elements: 1. That there is a person confined in a jail or penal establishment (detention included) 2. That the offender removes such person, or helps the escape of such person. • • • The offender is usually an outsider. Public officer in custody: Infidelity in the custody of a prisoner. Violence, intimidation or bribery is not necessary.

Art. 157: EVASION OF SERVICE OF SENTENCE
Elements: 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. (by reason of final judgment) Circumstances qualifying the offense: 1. By means of unlawful entry 2. By breaking doors, windows, gates, walls, roofs or floors. 3. By using picklocks, false keys, disguise, deceit, violence, or intimidation 4. Through connivance with other convicts or employees of the penal institution.

Art. 158: EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATION, EARTHQUAKES OR OTHER CALAMITIES. Elements: 1. That the offender is a convict by final judgment, and is confined in a penal institution 2. That there is disorder resulting from: a. Conflagration b. Earthquake c. Explosion d. Similar catastrophe e. Mutiny in which he has not participated 3. That the offender evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny. 4. That the offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the Chief Executive announcing the passing away of such calamity. • • If the offender fails to give himself up, he gets an increased penalty. If the offender gives himself up, he is entitled to a deduction of his sentence.

Art. 159: OTHER CASES OF EVASION OF SENTENCE (CONDITIONAL PARDON)
Elements: 1. That the offender was a convict 2. That he was granted a conditional pardon by the Chief Executive 3. That he violated any of the conditions of such pardon • • • • • Violation of Conditional Pardon is a distinct crime; Conditional Pardon is a contract between the convict and the Chief Executive. Conditions extend to special laws Offender must be found guilty of subsequent offense before he can be prosecuted under Art. 159 Offender can be arrested and reincarcerated without trial – in accordance with Sec. 64 (1) of the RAC Duration of the conditions subsequent is limited to the remaining period of the sentence.

Art. 160: COMMISSION OF ANOTHER CRIME DURING THE SERVICE OF PENALTY
IMPOSED FOR ANOTHER PREVIOUS OFFENSE (QUASI-RECIDIVISM) QUASI-RECIDIVISM, defined. A special aggravating circumstance where a person after having been convicted by final judgment, shall commit a new felony before beginning to serve such sentence, or while serving the same. Elements: 1. That the offender was already convicted by final judgment 2. That he committed a new felony before beginning to serve such sentence or while serving the same. • The first crime which the offender is serving sentence need not be a felony; new offense need not be of different character from that of the former offense. (the second crime must be a felony) Does not require that the two offenses are embraced in the same title of the Code. As distinguished from REITERACION which requires that the offender against whom it is considered shall have served out his sentences for the prior offenses.

• •

• Cannot be offset by ordinary mitigating circumstances. That in case of uttering such false or counterfeited coins. When he shall complete it after reaching the said age. unless by reason of his conduct or other circumstances he shall not be worthy of such clemency TITLE IV CRIMES AGAINST PUBLIC INTEREST ART. To UTTER is to pass counterfeit coins. or 2. At the age of 70 if he shall have already served out his original sentence ( NOT A HABITUAL CRIMINAL). 164: MUTILATION OF COINS. • The offender should not be the forger Art. That there be false or counterfeited coins 2. IMPORTATION AND UTTERANCE OF MUTILATED COINS Punishable Acts: 1. imported or uttered such coins 3. Mutilating coins of the legal currency. with intent to utter the same. Art. Forging the stamp of the President Art 162: USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP Elements: 1. Possession of coin counterfeited or mutilated by another person. regardless of its intrinsic value. 163: MAKING AND IMPORTING AND UTTERING FALSE COINS Elements: 1. 161: COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT. MUTILATION – to take off part of the metal either by filling it or substituting it for another metal of inferior quality. Elements: . with the further requirement that there be intent to damage or to defraud another. he connived with the counterfeiters or importers • • • • Coin is FALSE or COUNTERFEITED. 3. Who can be PARDONED: 1. includes delivery or the act of giving them away. Forging the signature of the President 3. Former coins withdrawn from circulation may be counterfeited. Importing or uttering such mutilated coins. That the Great Seal of the Republic was counterfeited or the signature or stamp of the Chief Executive was forged by another person. • • • Mutilation of foreign currency not included. That the offender either made. Forging the Great Seal of the Government of the Philippines 2. That the offender knew of the counterfeiting or forgery. with the further requirement that there must be connivance with the mutilator or importer in case of uttering. Coins must be in legal tender Art 165: SELLING OF FALSE OR MUTILATED COIN WITHOUT CONNIVANCE Punishable Acts: 1. THE SIGNATURE. 2. That he used the counterfeit seal or forged signature or stamp. 2. knowing that it is false or mutilated. if it is forged or if it is not authorized by the Government as legal tender. Coins of foreign country not included. OR THE STAMP OF THE CHIEF EXECUTIVE Punishable Acts: 1.

How Forgery is committed: 1. Treasury or bank notes 2. imported or uttered such instrument 3. Possession b. That there be an instrument payable to order or other such document of credit not payable to bearer 2. he connived with the forger or importer. 2. document created. By erasing. executed or issued by a public official in response to exigencies of the public service. Art. DOCUMENT is any written statement by which a right is established or an obligation extinguished. That any treasury or bank note or certificate or other obligation and security payable to bearer or any instrument payable to the order or other document of credit not payable to bearer is forged or falsified by another person. letters. Certificates 3. 167: COUNTERFEITING. or in execution of which a public official intervened. knowing the same to be false or mutilated Elements: a. Notes and other Obligations and Securities that may be forged or falsified under 166: 1. Using any of such forged or falsified instruments b. The crime of falsification must involve a writing which is a document in the legal sense. Possession with intent to use of any of such forged or falsified instruments. Actually uttering b. • • . words. the appearance of a true and genuine document. Knowledge • • Does not require legal tender Accused must have knowledge of the fact that the coin is false Art. Uttering of such false or forged obligations or notes in connivance with the forgers or importers. IMPORTING AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER Elements: 1. or sign contained therein. Classification of Documents: 1. counterfeiting or altering by means the figures. IMPORTING AND UTTERING SUCH FALSE OR FORGED NOTES AND DOCUMENTS Punishable Acts: 1. 166: FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS PAYABLE TO THE BEARER. With intent to utter c. 2. Public documents – a. 3. Knowledge 2. That in case of uttering. Forgery includes falsification and counterfeiting • • The accused must exert effort to make it appear like a genuine document.a. Other obligations and securities. That he performs any of these acts: a. 168: ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF CREDIT Elements: 1. 3. payable to bearer. By giving a treasury or bank note or any instrument payable to bearer or to order mentioned therein. Actually uttering such false or mutilated coin. That the offender either forged. substituting. Forging or falsification of treasury or bank notes or other documents payable to bearer 2. That the offender knows that any of those instruments is forged or falsified. Importation of such false or forged obligations or notes 3. Art.

Importance of Classification: 1.• b. d. g. That he takes advantage of his official position: (requisites) a. resolution or ordinance enacted or approved or pending approval by the National Assembly or any provincial board or municipal council 2. • In case the offender is an ecclesiastical minister. That he falsifies a document by committing any of the following acts: a. substitution or counterfeiting of words. 2. commercial. c.g. Ecclesiastical minister . Commercial document – defined and regulated by the Code of Commerce or other Commercial Law. • Genuine document in pars. Intercalating any instrument or note relative to the issuance in a protocol. That he has no proper authority 4. some disposition or agreement is proved. He has official custody of the document which he falsifies. criminal liability will not arise unless there is damage caused to third person. 4. FALSIFICATION is the commission of any of the acts mentioned in Art. or different from that of the genuine original. also a public document. He has a duty to make or prepare or otherwise intervene in the preparation of the document b. Making it appear like a genuine instrument. signatures of treasury notes or bank notes or any instrument payable to bearer or to order. evidenced or set forth. PERSONS LIABLE: 1. by which document. registry or official book. public or official. Counterfeiting or imitating any handwriting. Making any alteration or intercalation in a genuine document which changes its meaning.h is necessary. 170: FALSIFICATION OF LEGISLATIVE DOCUMENTS Elements: 1. That the offender is public officer. In private documents. Official document – issued by a public official in the exercise of the functions of his office. Art. the act of falsification is committed with respect to any record or document of such character that its falsification may affect the civil status of persons. Altering true dates. That there be a bill. 2. or private documents. OR NOTARY OR ECCLESIASTICAL MINISTER Elements: 1. IMITATING • Feigning to represent by a false appearance. 169 refers to the alteration. resolution. 171: FALSIFICATION BY PUBLIC OFFICER. e. instrument authorized by a notary public or a competent public official with the solemnities required by law. • • • FORGERY as used in Art. In public or commercial documents. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. Any public officer. • Falsification may be committed by simulating or fabricating a document. Mere falsity will not bring about criminal liability. f. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original copy exists. Private document – a deed or instrument executed by a private person without the intervention of a notary public or other person legally authorized. Art. criminal liability can arise although no third person suffered damage. f. letters. to give a mental existence. Making untruthful statements in a narration of facts. employee or notary public 2. The bill. h. 3. 2. That the alteration has changed the meaning of the document. signature or rubric b. employee or notary public 2. ordinance… must be GENUINE. or including in such copy to. 171 on legislative. EMPLOYEE. That the offender alters the same 3. Attributing to persons who have participated in an actor proceeding statements other than those in fact made them.

2. cable. cable or telephone message. 2. caused or with intent to cause damage to another. Uttering fictitious wireless. In any other transaction .Art. That the accused used such falsified dispatch. That the offender is an officer or employee of the Government or an officer or employee of a private corporation. Falsifying wireless. • Damage or intent to cause the damage is not necessary in Art. If a private document is falsified to conceal the misappropriation of the money or other personal property which has been in the possession of the offender the crime is – ESTAFA WITH ABUSE OF CONFIDENCE. 173: FALSIFICATION OF WIRELESS. Use of a falsified document 1. or telephone message was falsified by any of the persons specified in the first paragraph of Art. to defraud another. OFFICIAL or COMMERCIAL. “Using fictitious message or falsifying the same” Elements: 1.172 par. If one makes use of a private document. 2. engaged in the service of sending or receiving wireless. telegraph or telephone message. official.With knowledge of falsity. • FALSIFICATION as a means to commit ESTAFA - When committed on a document through any of the acts of falsification enumerated in Art. which he falsified. • The public officer. AND USE OF SAID FALSIFIED MESSAGES Punishable Acts: 1. telegraph or telephone message. 171 as a necessary means to commit another crime. . CABLE. commercial document by a private individual • Possessor of a falsified document is presumed to be the author of the falsification. or that the falsification was committed for the purpose of concealing the estafa. must be engaged in the service of sending or receiving wireless cable. telegraph or telephone message. 173. TELEGRAPH AND TELEPHONE MESSAGES. “Use of said falsified messages” Elements: 1. which requires another independent act independent of the falsification. That the offender commits any of the following acts: a. cable. telegraph. Uttering fictitious wireless.1 2. telegraph or telephone message. Falsification of public . 3. - - - Art. If the estafa was already consummated at the time of the falsification of the private document. there results only one crime – FALSIFICATION OF A PRIVATE DOCUMENT. or telephone message. cable.172: FALSIFICATIONS BY PRIVATE INDIVIDUALS & USE OF FALSIFIED DOCUMETS PUNISHABLE ACTS: 1.as evidence. with knowledge of falsity 2. the falsification is not punishable because there was no damage or intent to cause damage with regard to the falsification. 3. That the accused knew that wireless. to be liable. In a Judicial proceeding . That the use of falsified dispatch resulted in the prejudice of a third party. or that the use thereof was with intent to cause such prejudice. Falsification of private document by any person • The offender must have counterfeited the false document and he must have performed an independent act which operates to the prejudice of a third person. or b. the two crimes form a COMPLEX CRIME But the document falsified as a necessary means to commit another crime must be PUBLIC. telegraph. Using such falsified message. Falsifying wireless.

195-202) Arts. ETC. The name of the crime is FALSE MEDICAL CERTIFICATE by a physician. 483 and 449 are repealed which are inconsistent with P.000 to P10. 1851. because the use pf false document in judicial proceeding under Art.D. • Art. dies.000 to P6. 176: MANUFACTURING IMPLEMENTS FOR FALSIFICATION. 2. 2.000. or similar circumstances. 195-199. 4. 174: FALSIFICATION OF MEDICAL CERTIFICATES. Acts punishable: 1. or a public officer had issued a false certificate of merit or service.D. in connection with the practice of his profession. Physician or surgeon who. good conduct or similar circumstances. issued a false certificate. The crime is FALSE MEDICAL CERTIFICATE by a private individual or FALSE CERTIFICATE OF MERIT OR SERVICE by a private individual. punishes private individuals who forge or alter telegram. or a private person has falsified any of said certificates. AND POSSESSION OF INSTRUMENT OR Art.• • Private individuals cannot be a principal by direct participation in falsification of telegraphic dispatches under Art. 1 and 2. No. TITLE SIX OF BOOK TWO. • 3. 171 and 172. That he used the same. The name of the crime is FALSE CERTIFICATE OF MERIT OR SERVICE by a public officer. Possessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the Philippines by another person. Provisions of P. 1602 or Presidential Decree Prescribing Stiffer Penalties On Illegal Gambling. Sec. Art. PERSONS LAIBLE FOR FALSIFICATION OF CERTIFICATES: 1. Private individual who falsified a certificate falling in the classes mentioned in nos. 172 does not apply.000 shall be imposed upon: . RPC CRIMES AGAINST PUBLIC MORALS (Arts. marks. the penalty of prision mayor in its medium period or a fine ranging from P6. good conduct. or other instruments or implements for counterfeiting of falsification. FALSE CERTIFICATES OF MERIT OR SERVICE. 3. Art. When any of the false certificates mentioned in Art. 175: USING FALSE CERTIFICATES Elements: 1. (IT MUST REFER TO THE ILLNESS OR INJURY OF A PERSON) • 2. That a physician or surgeon had issued a false medical certificate. 172 is limited to those false documents embraced in Art. 174 is used in the judicial proceeding. (a) The penalty of prision correccional in its medium period or a fine ranging from P1. • That the offender knew that the certificate was false. and in case of recidivism. CERTIFICATE – is any writing by which testimony is given that a fact has or has not taken place. Making or introducing into the Philippines any stamps. 173 Act. Public officer who issued a false certificate of merit or service.

Elements: 1. pak que. (1 to 9). judge or coach in case of game fixing. That the highly scandalous conduct is not expressly falling within any other article of this Code. 184). domino. 200: Grave Scandal Consists of acts which are offensive to decency and good customs which. banking or percentage game. to be carried on in an inhabited or uninhabited place. (Note: Banker is not mentioned in the decree. and other forms of races. black jack. 8. Distinction should be made as to the place where the offensive act was committed: . roullete. high and low. pingpong and other forms of individual or team contests to include game fixing. 4." Chapter III OFFENSES AGAINST DECENCY AND GOOD CUSTOMS Art. 9. having been committed publicly. 5. (d) The penalty of prision correccional in its medium period or a fine ranging from P400 to P2. jai-alai or horse racing to include bookie operations and game fixing. pangguingue and other card games. cuajo. That such act or acts be highly scandalous as offending against decency and good customs. paper. 6. or in a public or government building or barangay hall. lucky nine. That the act or acts complained of be committed in a public place within the public knowledge or view. or in any building. cara y cruz or pompiang and the like. mote. conductor or banker of the gambling schemes is a government official. referee. 200 is not applicable. 3. 3. 4. poker and its derivatives. numbers. directly or indirectly takes part in any illegal or unauthorized activities or games of1. promoter. 2. 2. è Playing of monte for money is not a necessary element (U. boxing. slot machines. è A game or scheme is punishable even if the winning depends upon skill. dog racing. 23 Phil. car racing. mahjong. "when wagers consisting of money. volleyball. jueteng. bingo and other forms of lotteries. signs or symbols pertaining to or in any manner used in the games of jueteng. (2) the maintainer or conductor of the gambling schemes. boat racing. bowling. articles or value or representative of value are at stake or made. If the act or acts of the offender are punished under another article of this Code. (2) Any person who knowingly permits any form of gambling. Nos. in any manner. or where such government official is the player. That the offender performs an act or acts. or other matter containing letters. point shaving and other machinations. whether upon chance or scheme.000 shall be imposed upon any person who knowingly and without lawful purpose in any hour of any day possesses any lottery list. cockfighting. or any other game or scheme.(1) Any person who. and other games using plastic tiles and the like. umpire. Rafael. articles of value or representative of value are at stake or made.000 shall be imposed if the maintainer. Art. point shaving and other machination. vs. pinball and other mechanical contraptions and devices. basketball. è Gambling is a game or scheme the result of which depends wholly or chiefly upon chance or hazard. figures. baccarat.) (c) The penalty of prision mayor in its medium period with temporary absolute disqualification or a fine of P6. 7-11 and any game using dice. wherein wagers consisting of money.S. jai-alai or horse racing bookies and similar games of lotteries and numbers which have taken place or about to take place. 7. have given rise to public scandal to persons who have accidentally witnessed the same. (b) The penalty of prision correccional in its maximum period and a fine of six thousand pesos shall be imposed upon: (1) any person who shall knowingly permit any form of gambling to be carried on in a place which has a reputation of a gambling place or that prohibited gambling is frequently carried on therein. vessel or other means of transportation owned or controlled by him.

in theaters. cinematographs or any other place. the editors publishing such literature. or exhibit films. scenes. decrees and edicts. If in public place. 5. Any person found loitering about public or semipublic buildings or places. who has the physical ability to work and who neglects to apply himself or herself to some lawful calling. for money or profit. and Indecent Shows (As amended by P. b. whether live or in film. or literature. scenes. give away. ruffians or pimps and those who habitually associate with prostitutes. Test of Obscenity: Whether or not the material charged as obscene has the tendency to deprave and corrupt the minds of those open to the influence. Art. acts or shows. 202: Vagrants and Prostitutes Persons liable: 1. Those who shall sell. law enforcers would have no way of checking a person loitering in the wrong place at the wrong time. It is more on the effect upon the viewer and not alone on the conduct of the performer. Offend any race or religion d. Are contrary to law. not being included in the provisions of other articles of this Code. habitually indulge in sexual intercourse or lascivious conduct). or into whose hands such material may come to (Kottinger Rule). shall include those which: a. The authors of obscene literature. Serve no other purpose but to satisfy the market for violence. Any person having no apparent means of subsistence. Prostitutes (women who. public view is required. 969) Persons liable: 1. morals.D. shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose. Even if there was only one person who witnessed the offensive act for as long as the third person was not an intruder. fairs. engravings. or tramping or wandering about the country or the streets without visible means of support. published with their knowledge in any form. established policies. 2. criminal liability arises. public order. Where such obscenity is made publicly. prints. 4. Tend to abet traffic in the use of prohibited drugs and e. 3. which are proscribed by virtue hereof. there is criminal liability irrespective of whether the immoral act was in open public view. lawful orders. Glorify criminals or condone crimes b. Obscene Publications and Exhibitions. 3. 2. TITLE SEVEN CRIMES COMMITTED BY PUBLIC OFFICERS Art. lust or pornography c. 203: Who are public officers . grave scandal is committed provided the acts do not fall under any other crime in the RPC. Any person who. acts or shows. The common concept of a vagrant is a person who loiters in public places without any visible means of livelihood and without any lawful purpose. it being understood that the obscene literature or indecent or immoral plays. Art. The law punishes the act involved here as a stepping stone to the commission of other crimes. If in private place. Prostitution is a term applicable also to a man if he engages in the same conduct: sex for money does not constitute prostitution but vagrancy. 201: Immoral Doctrines. sculptures. Without this article. Those who. exhibit indecent or immoral plays.a. which are offensive to morals. Those who shall publicly expound or proclaim doctrines openly and contrary to public morals. and the owners/operators of the establishment selling the same. 4. Any idle or dissolute person who lodges in houses of ill-fame. Public view does not require numerous persons. good customs.

the performance of some act which ought not to be done NONFEASANCE. the delay is caused by the judge with deliberate intent to inflict damage on either party in the case. 2. classified or not. That the offender is a judge. 4. That the offender is a judge. That he renders a judgment in a case submitted to him for decision. negligence and tolerance . in an action or proceeding. It is possible that such judgment is supported by the facts and the law. 208: Prosecution of offenses. That the judgment is unjust. That it is due to his inexcusable negligence or ignorance. 2. Knowingly renders unjust interlocutory order or decree. that is. contractual or otherwise. 205: Judgment rendered through negligence Elements: 1. 2. That the offender is a judge. 207: Malicious delay in the administration of justice Elements: 1. 3. By appointment by competent authority Under the Anti-Graft and Corrupt Practices Act (AGCPA).Requisites: One must be1. 204: Knowingly rendering unjust judgment Elements: 1. Taking part in the performance of public functions in the Government or performing in said Government or in any of its branches public duties as an employee. Chapter II CRIMES OF MALFEASANCE AND MISFEASANCE IN OFFICE MISFEASANCE. Any person who receives compensation for services rendered is a public officer. That the delay is malicious. or b. 4. That there is a proceeding in his court. By direct provision of law b. That he performs any of the following acts: a. 3. the term public officer is broader and more comprehensive because it includes all persons whether an official or an employee. Art. That the judge knows that his judgment is unjust. 4. That his authority to take part in the performance of public functions or to perform public duties must bea. 206: Unjust interlocutory order Elements: 1. Judgment is a final consideration and determination of a court of competent jurisdiction upon the matters submitted to it. That he renders a judgment in a case submitted to him for decision. 3. That the judgment is manifestly unjust. He renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance. 2. By popular election c. Art. Art. Art.omission of some act which ought to be performed Art. That he delays the administration of justice. temporary or not. agent or subordinate official of any rank or class. A mere fact that the judge promised to the other party that he would decide the case against the complainant does not prove that the judgment is unjust. The rule requires that judgment should be rendered by the judge with conscious and deliberate intent to do an injustice. That the offender is a judge. 2.improper performance of some act which might lawfully be done MALFEASANCE.

-there must be damage to the client 2. Breach of professional duty. not under this provision. Maliciously refraining from instituting prosecution against violators of the law 2. Breach of confidential relation. Undertaking the defense of the opposing party in the same case. that is. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of. The mere breach of confidential relation is punishable. The thrust of prevaricacion is the breach of the oath of office by the public officer who does an act in relation to his official duties. agents. violates the oath of his office by not carrying out the duties of his office for which he was sworn to office thus amounting to dereliction of duty. knowing the commission of the crime. • • • Art. An officer of the law • Prevaricacion used to be a crime under the Spanish Codigo Penal wherein a public officer. shall be punished under that law. or employees who. without the consent of his first client. or after having received confidential information from said client. 2. or b.Punishable acts: 1. or tardiness on the part of the defense counsel leading to declaration of default and adverse judgment. BIR officers. Persons liable: 1. regardless of his duty. Inexcusable negligence or ignorance. no crime "With a view to engaging-" disclosure here is already confidential (Revised Rules on Evidence). That there is dereliction of the duties of his office. The nominal liability under this article may be constituted either from breach of professional duties in the handling of the case or it may arise out of the confidential relation between the lawyer and the client. having knowledge or information of a violation of the Internal Revenue Law.revealing information obtained or taking advantage thereof by accepting the engagement with the adverse party. 3. By any malicious breach of professional duty. There is no need to prove that the client suffered damages. -if there is consent. Causing damage to his client.tardiness in the prosecution or the case for which reason the case was dismissed for being non-prosecuted. Revealing any of the secrets of his client learned by him in his professional capacity. The crime committed by the law violator must be proved first. or to prosecute offenses. Maliciously tolerating the commission of offenses Prevaricacion: Dereliction of duty in the prosecution of offenses: Elements: 1. he tolerates its commission. after having undertaken the defense of the said first client. That the offender acts with malice and deliberate intent to favor the violator of the law. either: a. Public officer 2. If the guilt of the lawviolator is not proved. -damage is not necessary 3. . he does not cause the prosecution of the criminal or knowing that a crime is about to be committed. fail to report such knowledge or information to their superiors. the person charged with dereliction of duty under this article is not liable. 209: Betrayal of trust by an attorney or solicitor è Punishable acts: • • • • 1.

Agreeing to refrain. 210: Direct bribery Punishable acts: 1. Not necessary that the officer would do any particular act or even promise to do an act. 2. in consideration of any offer. 2. That the said gifts are offered to him by reason of his office. • Bribery refers to the act of the receiver and the act of the giver is Corruption of Public Official. 3. or by performing. in connection with the performance of his official duty. The gift may be received by the public officer himself or through a third person.committed by public officers entrusted with the enforcement of law and whose duty is to arrest and prosecute those who violate them where the penalty for the same is reclusion perpetua or higher. Entering into an agreement with any interested party or speculator or making use of any other scheme. 211: Indirect bribery Elements: 1. Art. The gift or present must be capable of pecuniary estimation. the offender must have performed all the acts of execution which would produce the felony as a consequence. That the offender is a public officer. or by refraining. Art. 2. promise. in connection with the performance of his official duties. the temporary performance of public functions is sufficient to constitute a person a public officer. -No attempted or frustrated stage Art 212: Corruption of public officials Elements: 1. to defraud the Government. it is not necessary that the corruptor should deliver the consideration on the doing of the act. gift or presentan act constituting a crime. Agreeing to perform. consider whether the official act which the public officer agreed to do is a crime or not: 1. under circumstances that will make the public officer liable for direct bribery or indirect bribery. because in frustrated felony. in consideration of gift or promise. in dealing with any person . DIRECT BRIBERY Public officer receives a gift There is an agreement between the public officer and the giver of the gift or present The offender agrees to perform or performs an act or refrains from doing something because of the gift or promise INDIRECT BRIBERY Public officer receives a gift Usually no such agreement Qualified bribery. If it will amount to a crime. If it is not a crime. The crime of direct bribery may be committed only in the attempted and consummated stages. • • • • For purposes of punishing bribery. 3. the consideration must be delivered by the corruptor before a public officer can be prosecuted for bribery. That the offender makes offers or promises or gives gifts or presents to a public officer. from doing something which it is his official duty to do.Art. 2. 213: Frauds against the public treasury and similar offenses Punishable Acts: 1. Accepting a gift in consideration of the execution of an act which does not constitute a crime. as it is enough that he accepts gifts offered to him by reason of his office In Direct bribery. That the offers or promises are made or the gifts or present given to a public officer. That he accepts gifts.

and other imposts. and other imposts. Failing voluntarily to issue a receipt. as provided by law. That he commits any of the frauds or deceits enumerated in Articles 315 to 318. Elements of illegal exactions: 1. that is. 1): 1. That will not affect the consummation of the crime. for any sum of money collected by him officially. fees. in the collection of taxes. 3. • Officers or employees of the Bureau of Internal Revenue or Bureau of Customs not covered by this article. 2. 3. The National Internal Revenue Code or the Administrative Code applies. That he takes advantage of his official position. payment of checks not belonging to the taxpayer but that of checks of other persons. should not be accepted to settle the obligation of that person. the making of contracts. the payment of sums different from or larger that those authorized by law. fees. Collecting or receiving. by way of payment or otherwise. 2. That the accused had intent to defraud the Government. • Crime of frauds against public treasury is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any other scheme to defraud the Government. Under the rules and regulations of the government. and other imposts. • When there is deceit in demanding greater fees than those prescribed. That he should have taken advantage of his office. things or objects of a nature different from that provided by law. Failing voluntarily to issue a receipt as provided by law. 4. Elements of frauds against public treasury (par. • In this form. 214: Other frauds Elements: 1. • First form: shall demand an amount different from what the law provides payable to the Government. He commits any of the following acts: a. things or objects of a nature different from that provided by law. or (3) the adjustment or settlement of accounts relating to public property or funds. 4. • The essence of the crime is not misappropriation of any of the amounts but the improper making of the collection which would prejudice the accounting of collected amounts by the Government. fees. in the collection of taxes. The act of receiving payment due the government without issuing a receipt will give rise to illegal exaction even though a provisional receipt has been issued. the payment of sums different from or larger that those authorized by law. directly or indirectly. Demanding. That the offender be a public officer. directly or indirectly. he intervened in the transaction in his official capacity.with regard to furnishing supplies. or the adjustment or settlement of accounts relating to public property or funds. Second form: Shall collect payment due the government without issuing an official receipt or receipt prescribed by law. or c. 3. That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to (1) furnishing supplies (2) the making of contracts. even if the taxpayer shall refuse to come across with the amount being demanded. directly or indirectly. What the law requires is a receipt in the form prescribed by law. • Mere demand for larger or different amount is sufficient to consummate the crime. 2. mere demand will consummate the crime. That the offender is a public officer. by way of payment or otherwise. Collecting or receiving. fees. b. Third form: shall accept by way of payment due to the government that which is not in the form prescribed by law. in the collection of taxes. licenses. Art. directly or indirectly. the crime is ESTAFA and NOT ILLEGAL EXACTION. which means official receipt. Demanding. for any sum of money collected by him officially. The offender is a public officer entrusted with the collection of taxes. and other imposts. licenses. . 2. licenses. licenses.

14 of the 1987 Constitution. 2. 2. 4. 4. and private accountants who. Guardians and executors with respect to the property belonging to their wards or the estate. Being otherwise guilty of the misappropriation or malversation of such funds or property Common elements: 1. Those who are accessory or accomplice to a public officer. 3. Experts. • • Damage not necessary to the Government. official custody of public funds or property or the duty to collect or receive funds due to the Government b. took part in any contract or transaction connected with the estate or property in the appraisal. by permitting any other person to take such public funds or property 4. 2. That those funds or property were public funds or property for which he was accountable. permitted another person to take them. 3. buying and selling stocks. misappropriated or consented or through abandonment or negligence. VII Sec.. Accountable officer does not refer only to cashier. The crime bears a relation between the offender and the funds or property involved. arbitrators. became interested in any contract or business which it was his official duty to intervene. That he becomes interested in the transaction during his incumbency. 215: Prohibited transactions Elements: 1. 216: Possession of prohibited interest by a public officer Persons liable: 1. such as. Correlate with Art. That the offender is a public officer who has: a. Depositary or administrator of public funds or property. distribution or adjudication of which they had acted. hoping to take advantage of an expected rise or fall in price. Art. land. Taking or misappropriating the same 3. disbursing officers. IX-A Sec. took. directly or indirectly. Art. etc. in like manner. VI Sec. not the relatively important name given to • . in any transaction of exchange or speculation. Those in conspiracy with public officers guilty of malversation. 217- Art. • • • Actual fraud is not necessary. 217: Malversation of public funds or property Punishable Acts: 1. That he had the custody or control of funds or property by reason of the duties of his office. 3. Intervention must be by virtue of the public office held. Consenting or through abandonment or negligence. 13 and Art. Public officer who. 2. Custodian of public funds or property in whatever capacity. Appropriating public funds or property 2. property custodian. That the offender is an appointive public officer. That he appropriated. directly or indirectly. That the transaction takes place within the territory subject to his jurisdiction. 2. That he becomes interested.Art. It is the nature of the duties. • It is sufficient under this article that the appointive officer has an interest in any transaction of exchange or speculation. commodities. 3. 221) CRIMES CALLED MALVERSATION OF PUBLIC FUNDS OR PROPERTY (Arts. for the crime can be committed only by an officer accountable for the funds or property which is appropriated. Malversation may be committed by private individuals in the following cases: 1. 4. the obligation to account for them to the Government.

whether in the service or separated therefrom. That the offender is a public officer. • When an accountable officer leaves the country without first settling his accountability or otherwise securing a clearance from the COA regarding such accountability. It will be qualified theft if there is abuse of confidence. Presumption of misappropriation. That he unlawfully left (or be on the point of leaving) the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled. 3. That he fails to do so for a period of 2 mos. 218: Failure of accountable officer to render accounts Elements: 1. 219: Failure of a responsible public officer to render accounts before leaving the country Elements: 1. That he is required by law or regulation to render accounts to the Commission on Audit. Any overage or excess in the collection of an accountable public officer should not be extracted by him and it is commingled with the public funds. upon order from his immediate superior. It is sufficient that there is a law or regulation requiring him to render account. Art. Elements: 1. cannot be held liable for malversation. 3. there is public fund or property under his administration. 3. That he must be an accountable public officer for public funds or property. which is the controlling factor in determining whether or not the accused is an accou4ntable public officer. Lack of criminal intent or good faith is a defense in malversation not committed through negligence. That he applies the same to a public use other than that for which such fund or property has been appropriated by law or ordinance. Art. • The act of leaving the country must be unauthorized or not permitted by law. 4. He is only civilly liable. 2. A public officer having only a qualified charge of government property without authority to part with physical possession of it.• • • • • • • • • the office. That he must be an accountable officer for public funds or property. 2. 220: Illegal use of public funds or property This crime is known as technical malversation because the fund or property is already earmarked or appropriated for a certain public purpose. That the offender is a public officer. • Misappropriation is not necessary. he is not liable for malversation. After such accounts should be rendered. When private property is attached or seized by public authority and the public officer accountable therefor misappropriates the same. the accountability of the accused is already determined and liquidated. and then endeavor to ascertain how far short of this standard falls the act or omission in question. the crime committed is theft. • Demand for accounting is not necessary. Presumption arises only if at the time the demand to produce the public funds was made. There can be presumption unless and until the amount of his accountability is already known. unless. or to a provincial auditor. Art. 4. Malversation may be committed by abandonment or negligence. When an accountable public officer makes a wrong payment through honest mistake as to the law or to the facts concerning his duties.when a demand is made upon an accountable officer and he cannot produce the fund or property involved. 2. malversation is also committed. . If the offender is not the one accountable but somebody else. there is prima facie presumption that he had converted the same to his own use. The measure of negligence is the standard of care commensurate with the occasion. That the offender is a public officer. That such public fund or property has been appropriated by law or ordinance. the implication is that he left the country because he has misappropriated the funds under his accountability.

2. That he is charged with the conveyance or custody of a prisoner. That the offender is a public officer. revenue. That the prisoner or person under arrest escapes. That such prisoner escapes through negligence. 224: Evasion through negligence Elements: 1. Failing to make payment by a public officer who is under obligation to make such payment from Government funds in his possession. 125. . That he had in his custody or charge. because he could not file a complaint against them within the time fixed in Art. Refusing to make delivery by public officer who has been ordered by competent authority to deliver any property in his custody or under his administration. • The crime is infidelity in the custody of prisoners if the offender involved is the custodian of the prisoner. • There is real and actual evasion of service of a sentence when the custodian permits the prisoner to obtain a relaxation of his imprisonment and to escape the punishment of being deprived of his liberty. 225: Escape of prisoner under the custody of a person not a public officer Elements: 1. 2. provincial or municipal funds. 222: Officers included in the provisions Private individuals who may be liable under Arts. 3. Art. a prisoner. (Refusal must be malicious) Art. either detention prisoner or prisoner by final judgment. 223: Conniving with or consenting to evasion Elements: 1. 217-221: 1. Art. thus making the penalty ineffectual. • If the jail guard who allowed the prisoner to escape is already off-duty at that time and he is no longer the custodian of the prisoner. 2. 3. Private individuals who.MALVERSATION Offenders are accountable public officers Offenders in certain cases profit from the proceeds of the crime The public fund is to be applied to the personal use and benefit of the offender or of another person ILLEGAL USE Offenders are accountable public officers Offenders do not derive personal gain or profit The public fund or property is applied to another public use Art. or deposited by public authority even if such property belongs to a private individual. have charge of any national. either detention prisoner or prisoner by final judgment. attached. 2. the crime committed by him is delivering prisoners from jail. • • What is punished under this is such a definite laxity as all but amounts to deliberate non-performance of duty on the part of the guard. That the offender is a private person. seized. 4. 4. The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete exculpation. That he was in connivance with the prisoner in the latter's escape. although the convict may not have fled. 2. 3. in any capacity whatever. 221: Failure to make delivery of public funds or property Punishable Acts: 1. That the offender is a public officer. or property. That the conveyance or custody of a prisoner or person under arrest is confided to him. That such prisoner escaped from his custody. • The crime can be committed also by a private person if the custody of the prisoner has been confided to a private person. That the offender consents to the escape of the prisoner or person under arrest. or that the escape takes place through his negligence. • When a chief of police released a detention prisoner/s. he is not guilty of infidelity in the custody of prisoners. Art. Administrator or depository of funds or property.

• If the officer was placed in possession of the document but it is not his duty to be the custodian thereof. concealment. That he breaks the seal or permits them to be broken. 228: Opening of closed documents Elements: 1. 227: Officer breaking seal Elements: 1. • With respect to official documents. this crime is not committed. 2. Art. 230: Public officer revealing secrets of private individual Elements: 1. That the offender be a public officer. That the offender is a public officer. It is not required that there be damage caused or that there be intent to cause damage. That the offender is a public officer. Art. That he reveals such secrets without authority or justifiable reason. 3. Damage to private individuals is not necessary. • Damage to public interest is necessary. because such acts are already defined and punished as espionage in Art. it is evident that the purpose thereof is to ensure their preservation.• This article does not apply the principle in conspiracy that "the act of one is the act of all. infidelity is committed by destroying the documents. Removal must be for illicit purpose with the intention either to: a. 2. 117 or CA No. Art." If the offender is not the custodian of the prisoner. 3. That the offender is a public officer. or destruction of documents Elements: 1. whether serious or not. Revealing any secrets known to the offending public officer by reason of his official capacity. • • Where documents are sealed by competent authorities. 231: Open disobedience Elements: 1. 3. That he does not have proper authority. • This article does not include the revelation of secrets of the State to belligerent nation. for public revelation is not required. to a third party or to the public interest should have been caused. even though without opening them or taking the moneys they contained. or objects are entrusted to his custody. That he opens or permits to be opened said closed papers. That these papers or property are sealed by proper authority. Art. 229: Revelation of secrets by an officer Punishable Acts: 1. 616. material damage is not necessary. 226: Removal. That any closed papers. 4. That he knows of the secrets of a private individual by reason of his office. That he abstracts. Commit an act constituting a breach of trust in the official care thereof. 4. 2. tamper with it b. Art. profit by it c. already constitutes infidelity on the part of the post office official. destroys or conceals a document or papers. he is guilty of the crime of delivering prisoners from jail. That the said document or papers should have been entrusted to such public officer by reason of his office. 4. documents or objects. • • Revelation to one person is sufficient. That the offender is a judicial or executive officer. documents. 3. Art. 2. • The simple act of retaining the mail without forwarding the letters to their destination. That he is charged with the custody of papers or property. • Damage is an element of an offense. However. or removing the document or concealing the document. 2. Delivering wrongful papers or copies of papers of which he may have charge and which should not be published. . That damage.

or by inflicting such punishments (those authorized) in a cruel and humiliating manner. decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities. 232: Disobedience to order of superior officer when said order was suspended by inferior officer Elements: 1. That the offender is a public officer. • Art. 235: Maltreatment of prisoners Element: 1. That he has for any reason suspended the execution of such order. refusal to discharge the duties of an appointive office is not covered by this article. That he maltreats such prisoner in either of the following manners: a. If the public officer is not the custodian of the prisoner and he manhandled the latter. That he assumes the performance of the duties and powers of such office. 233: Refusal of assistance Elements: 1. 3. 5. That the offender disobeys his superior despite the disapproval of the suspension. 3. That the offender is a public officer. That a competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service. 236: Anticipation of duties of a public office Elements: 1. That the law requires that he should first be sworn in and/or should first give a bond. That the offender fails to do so maliciously Art 234: Refusal to discharge elective office Elements: 1. of said office. Art. or (2) must be for the purpose of extorting a confession or of obtaining some information from the prisoner. . By overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either(1) (2) by the imposition of punishments not authorized by the regulations. 3. 3. That an order is issued by his superior for execution. That he has not taken his oath of office and/or given the bond required by law. 4. which he is duty bound to obey. That the offender is elected by popular election to a public office. • The order of the superior must be legal. 3. 2.2. Art. By maltreating such prisoner to extort a confession or to obtain some information from the prisoner. If the maltreatment was done in order to extort confession thereof. • • The maltreatment (1) must relate to the correction or handling of the prisoner. otherwise. decision or order. Art. That such judgment. 2. either by election or appointment. 2. That he has under his charge a prisoner or detention prisoner 3. this article is inapplicable. the crime is physical injuries. That the offender without any legal justification openly refuses to execute the said judgment. 4. That there is no legal motive for such refusal to be sworn in or to discharge the duties • • The refusal must be without legal motive. 2. Art. the constitutional right of the prisoner is further violated. or b. decision or order of a superior authority. That his superior disapproves the suspension of the execution of the order. 234 penalizes refusal to discharge the duties of an elective office. That the offender is a public officer 2. That the offender is entitled to hold a public office or employment. That there is a judgment. 4. That he refuses to be sworn in or to discharge the duties of said office. The penalty is qualified to the next higher degree.

That the offender is a public officer. That a proceeding is pending before such public officer. 242: Disobeying request for disqualification Elements: 1. Art. That the offender is holding a public office. 2. That the offender is a public officer. 4. That he abandons his office to the detriment of the public service. 5. 2. 3. 2. 3. 244: Unlawful appointments Elements: 1. Art. That he (a) assumes a power pertaining to the executive authorities. Art. That he (a) makes general rules or regulations beyond the scope of his authority or (b) attempts to repeal a law or (c) suspends the execution thereof. That he nominates or appoints a person to a public office. 240: Usurpation of executive functions Elements: 1. That the offender is an executive or judicial officer. That the offender knows that his nominee or appointee lacks the qualifications at the time he made the nomination or appointment. 239: Usurpation of legislative powers Elements: 1. which is not yet decided. By soliciting or making immoral or indecent advances to a woman under the offender’s custody . The purpose of this article is to maintain the separation and independence of the 3 departments of the government and to keep the 3 branches within the legitimate confines of their respective jurisdictions and the officers thereof within the scope of their lawful authority. That the offender is an executive officer. has already expired. regulations or special provisions for holding such office. or (b) obstructs the executive authorities in the lawful exercise of their powers. or (b) obstructs the execution of any order or decision rendered by any judge within his jurisdiction. That he addresses any order or suggestion to any judicial authority. 3. That the period provided by law. 241: Usurpation of judicial functions Elements: 1. That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice. That he (a) assumes judicial powers. That the offender is a judge. 3. 2. Art. 237. 2.Art.Prolonging performance of duties and powers Elements: 1. Art. 2. That the offender is an officer of the executive branch of the Government. 4. Art. That his resignation has not yet been accepted. That he formally resigns from his position. Art. 238: Abandonment of office or position Elements: 1. By soliciting or making immoral or indecent advances to a woman interested in matters pending respect to which he is required to submit a report to or consult with a superior officer. That he continues to exercise the duties and powers of such office. That the offender is a public officer 2. 3. 2. That such person lacks the legal qualifications thereof 4. 2. Art. That he has been lawfully required to refrain from continuing the proceeding. 245: Abuses against chastity Ways of committing abuses against chastity: 1. 243: Orders or requests by executive officers to any judicial authority Elements: 1. That there is a question brought before the proper authority regarding his jurisdiction. That he continues the proceeding.

That he solicits or makes immoral or indecent advances to woman. the accused can not be convicted of parricide as the accused was denied information of the nature of the charge against him. daughter. 365). Only relatives by blood and in the direct line. That such woman must be: a. 246: PARRICIDE Elements: 1. Marriage certificate is the best evidence. there must be a valid subsisting marriage at the time of the killing. That the offender is a public officer. sister or relative within the same degree by affinity of the person in the custody of the offender • The essence of the crime is mere making of immoral or indecent solicitation or advances. failure to allege the same. There is no parricide in the killing of brothers or sisters being merely collateral. there is no parricide in the killing of the adopter of the adoptee or vice versa. Art. are considered in parricide. 2. except the spouse. whether legitimate or illegitimate. daughter.3. or the legitimate spouse of the accused. that the deceased is killed by the accused 3. 3. the wife. Cases when a person committed a parricide but not imposed the severe penalty (reclusion perpetua to death). 1196) The fact of marriage is necessarily included in the information. • The crime is also committed if the woman is a prisoner and the offender is her jail warden. It must be a legitimate relationship except for parent and child where relationship could either be legitimate or illegitimate. • • • Relationship of the offender with the victim is the essential element. Malabago Dec. that the deceased is the father. b. By blood. or c. 249). Also the information should allege the fact of such marriage between accused and the victim. • Parricide though negligence (Art. in the absence oral evidence of the fact of marriage may be considered by the trial court if such proof is not objected to. or with respect to which he is required to submit a report to or consult with a superior officer. otherwise the crime is infanticide. sister or relative within the same degree by affinity of any person in the custody of the offending warden or officer Elements 1. except for husband and wife. interested in matters pending before the offender for decision. By soliciting or making immoral or indecent advances to the wife. or child. under the custody of the offender who is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrests. Relationship is essential element 1. The child should not be less than 3 days old. • PARRICIDE Based on relationship Committed only by relatives enumerated Conspiracy cannot be applied because INFANTICIDE Based on age of the child May be committed by strangers Conspiracy is applicable but only . mother. or a legitimate other ascendant or other descendant. TITLE 8 CRIMES AGAINST PERSONS Chapter One DESTRUCTION OF LIFE Art. 2. (People v. 3. Parricide by mistake (Art. 247: Parricide under exceptional circumstances • In the killing of a spouse. that a person is killed 2.

By means of fire. poison. Where mere physical injuries were inflicted there is no liability to speak of. 2. This Article does not define a crime but provides a privilege. eruption of a volcano. the latter under 18 years of age and living with him. destructive cyclone. taking advantage of superior strength . Where third persons were injured in the course of the firing by the accused of the paramour. • Treachery and evident premeditation are inherent in murder by means of poison. or promise. 2. With evident premeditation. A person was killed. Separate information must be filed for parricide the murder or homicide on the part of the nonrelative conspirator as the case may be. or that he or she has not consented to the infidelity of the other spouse. 248: Murder Elements: 1. 5. and as such they cannot be considered as aggravating. (People v. 248. Take note that the discovery. or employing means to weaken defense. the accused cannot be held liable as inflicting death under the exceptional circumstances is not murder. one information shall be prepared for all the conspirators. etc. 1) DEATH or Physical Injuries Inflicted Under Exceptional Circumstances Elements: a) a legally married person or a parent surprises his spouse or his daughter. The accused killed him. Destierro is not a penalty because there is no criminal liability. 4. the pursuit and the killing must all form part of one continuous act. the rationale for this is that the killing or injury was without sufficient intelligence because of the overwhelming passion. Qualifying Circumstances: 1. Applicable if the daughter is still single. To conceal mothers dishonor is mitigating. Killing is not parricide or infanticide. or any other public calamity. Art. Killing was accompanied by any of the qualifying circumstances mentioned in Art. 3. explosion. 2. To conceal dishonor of the mother is not a mitigating circumstance. 4. or of an earthquake. in the act of committing sexual intercourse with another. 6. and c) He has not promoted of facilitated prostitution of his wife or daughter. the escape.relationship is an element. with the aid of armed men. b) 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. Was the killing made during that time or immediately thereafter. 3. Note that the killing must always be the direct by product of the accused rage. the same being continuous even though the killing took place at a latter time. on occasion of any calamities enumerated in the preceding paragraph. Abarca September 1987) • • • • • • • ISSUES to be resolved: 1. With cruelty. With treachery. reward. . by deliberately and inhumanly augmenting the suffering of the victim. in consideration of price. Was the surprising made while the intercourse is taking place. it is simply provided for the protection of the accused against retaliation or vendetta. or outraging or scoffing at his person or corpse. or of means or persons to insure or afford impunity.

248 is an ingredient of murder and not merely qualifying circumstances. a person was killed. and 6. That murder will exist with only one of circumstances described in Art. 2. Evidence of intent to kill is important only in attempted or frustrated homicide. • • • Tumultuous affray exists when at least four persons took part.. 4. which is presumed. aggravated by homicide as ruled by the trial court as it is the former offense which aggravates the homicide under amendatory law. conclusively presumed when death resulted. when the victim does not die. 3. Ortega. 248. 249: Homicide Elements: 1. July 1997) • • How should homicide committed with the use of an unlicensed firearm be dominated? The crime should be homicide. Rules for the application of the circumstances which qualify the killing to murder: 1. • Intent to kill. A person charged with homicide by stabbing cannot be convicted when the cause of death is drowning. it now provides that if homicide or murder is committed with the use of an unlicensed firearm. That when the other circumstances are absorbed or included in one qualifying circumstance. Killing was not attended by any of the qualifying circumstances of murder. That any of the qualifying circumstance under Art. . 3. or by that of parricide or infanticide. intent to kill becomes a specific criminal intent which must be established beyond reasonable doubt. aggravated by illegal possession of firearm. 2. (People v. Feb. Art. It is a hornbook doctrine that an accused cannot be charged of an offense unless it is clearly charged in the complaint or information. such use of unlicensed firearm shall be considered as aggravating circumstance. 2. 2. If person who inflicted fatal wound is known. it is not murder because any of the qualifying circumstances in Art. 3. crime is not homicide in tumultuous affray but homicide under ART. 5. a. the others must be considered as generic aggravating. these several persons quarreled and assaulted one another in a confused and tumultuous manner. otherwise the crime shall fall under physical injuries. 2000) • RA 8294 amended PD 1866. and not illegal possession of firearm. Castillo. they cannot be considered as generic aggravating. it cannot be ascertained who actually killed the deceased. Art.• Where the circumstances alleged in the information are not the circumstances proved in the trial. they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally. accused had intention to kill. 249. 251: Death caused in a tumultuous affray Elements: 1. Person killed in the course of the affray need not be one of the participants thereof. When more than one of said circumstances is present. someone was killed in the course of the affray. and 4. person or persons who inflicted serious physical injuries. if not known who inflicted serious physical injuries on the deceased. Jr. accused killed him without any justifying circumstance. Persons liable for death in tumultuous affray: 1. there be several persons. 248 must be alleged in the information. all persons who used violence upon the person of the victim are liable. Person or persons who inflicted serious physical injuries or who use violence can be identified. (People v.

two crimes are committed. and 2. without the consent of the woman.) of age. • Slight injuries excluded. 256: Intentional Abortion ACTS PUNISHABLE: 1. person responsible thereof cannot be identified. by using any violence upon a pregnant woman. and . deceased child was less than 3 days (72 hrs. Art. 2. by acting but without using force. otherwise the crime is not infanticide but abortion. If the injury was slight. Offender has no intention to kill that person. 3. by lending his assistance to another to commit suicide to the extent of doing the killing himself. it is still abortion. all who appear to have used violence upon offended party are known. • If there was no intent to kill and the person shot at was hit. Art. there is a pregnant woman. If the fetus had an intra-uterine life of less than seven months and it was destroyed within 24 hours after its complete separation from the womb. a child was killed. Not considered as lending assistance to suicide because the person killed does not want to die. assisting another to commit suicide. (by administering drugs or beverages) with the consent of pregnant. What is required if the victim is fetus? The fetus must already be viable. Art. 254: Discharge of firearms Elements: 1. Offender discharges a firearm against or at another person.• The “someone” that is killed may be a participant in the affray or a mere passerby. Accused killed the child. A doctor who resorts to mercy-killing of his patient may be liable for murder. and 3. 252: Physical injuries inflicted in a tumultuous affray Elements: 1. violence is exerted. illegal discharge of firearm and slight physical injury. Art.mercy killing . Art. • Concealing dishonor is not an element of infanticide but the same may mitigate liability only of the mother or maternal grandparents. 3. 2. By acting. 2. ( by administering drugs or beverages upon such pregnant woman without her consent). a participant or some participants thereof suffer serious physical injuries or physical injuries or less serious physical injuries only. • Penalty is one degree lower than that for physical injury inflicted. 2. or accused otherwise acts upon such pregnant woman. ELEMENTS: 1. • Only one who used violence is liable. or by administering drugs and beverages. 253: Giving Assistance to Suicide Act Punishable: 1. and 4. • Injured party must be one or some of the participants in the tumultuous affray. 255: Infanticide Elements: 1. whether same is consummated or not. the crime would be a complex crime of illegal discharge of firearm with serious physical injuries.the practice of painlessly putting to death a person suffering from some incurable disease. Euthanasia. there is tumultuous affray. 2.

violence is used upon such pregnant woman. • RA # 4729 regulates sale dispensation and distribution of contraceptive drugs and devises. any other person with her consent.3. Offender dispenses any abortive. it is an impossible crime of abortion. Art. INTENTIONAL With or without violence May be by strangers or by the woman herself or the parents Stranger knows of the pregnancy of the woman UNINTENTIONAL With violence (physical) By strangers only Stranger may not know the pregnancy Art. 2. there is pregnant woman who suffered abortion. offender is a pharmacist. c. Physician or midwife takes advantage of his/her scientific knowledge or skill. 259: Abortion practiced by a physician or midwife and dispensing of abortives ELEMENTS: 1. 2. abortion is intended. 3. violence is intentionally committed. same may mitigate liability of the mother only. 258: Abortion practiced by the woman herself or by her parents ELEMENTS. b. 2. If the non-pregnant woman suffered physical injuries. there is a pregnant woman who suffered abortion. 257: Unintentional Abortion ELEMENTS: 1. ELEMENTS WITH RESPECT TO PHARMACIST: 1. no proper prescription from a physician. 4. Any other person with her consent for the purpose of concealing her dishonor. 3. 3. ABORTION Fetus is still drawing life from its mother Umbilical cord is not yet cut The baby had an intra-uterine life of less than seven months and is killed within 24 hours • • • INFANTICIDE Victim is already a person Umbilical chord is cut and the infant is still alive The baby had an intra-uterine life of less than 7 months and it is killed after 24 hours In both cases. caused or assists in causing abortion. 3. abortion is intended. who must be physician or midwife. 1. otherwise it is abortion. and 4. The “intentional” or “unintentional” refer to the kind of abortion and not the ways of committing it whether by dolo or culpa. either in the womb or after having been expelled therefrom. the woman turned out to be not pregnant. the pregnant woman herself. • Note: If foetus could sustain an independent life and is killed. then the liability is for physical injuries and not for impossible crime which is crime of last resort. If when committing intentional abortion. or any acts of the accused. . it is infanticide. the killing by the woman to conceal dishonor is an extenuating circumstance only in the case of mother and grandparents. as a result of such violence or by administering drugs or beverages. either in the womb or after having been expelled therefrom. • If the same is sought to conceal dishonor. Art. there is pregnant woman. offender. foetus dies. As a result of such violence fetus dies. abortion is caused by: a. 2.

261: Challenging to a duel ACTS PUNISHED. Mutilation includes any part of the human body that is not susceptible to grow again. • If one is moved by ill-feeling or hatred it is not challenging to duel. mutilation of organs necessary for generation such as pen 2. Persons Responsible: 1. Intentionally making other mutilation that is by looping 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 the body. Hence it cannot be committed in an attempted or frustrated stage. and 3. instigator • A person who challenges another to a duel commits grave coercion. 2. Intentionally mutilating another by depriving him. Scoffing or decrying another publicly for having refused to accept a challenge to fight in a duel. challenger 2. Art. 2. by inflicting upon such adversary physical injuries. it is homicide or murder as the case may be. 3.• The woman cannot commit unintentional abortion against herself. who make selection of arms and fix all other conditions of the fight. Art. by challenging another to duel. Person’s Liable: 1. 2. by making a combat although no physical injuries have been inflicted. that is to deprive the offended party of some essential organ of reproduction. either totally or partially of some essential organ for reproduction. is and ovarium. Seconds and accomplices. • The common mistake is to associate this with reproductive organs only. If killing occurs. ACTS PUNISHABLE: 1. it is always intentional. 2. (Mayhem) PHYSICAL INJURIES It is a formal crime because it is penalized on the basis of the gravity of the injury. by killing one’s adversary in a duel.formal or regular combat previously concerted between two parties in the presence of two or more seconds of lawful age on its side. Serious Physical Injury Incapacity for work is Less serious PI 10-30 days duration of Slight PI 1-9 days duration of healing . or both combatants any other case as principals. 1. PHYSICAL INJURIES Art. ELEMENTS: 1. 260: Responsibility of participants in a duel DUEL. That mutilation is caused purposely and deliberately. person who killed or inflicted physical injuries upon his adversary. that is. 3. inciting another to give or accept a challenge to duel. What is punished is the consequence and not the stage of execution. that there be a castration. 262: Mutilation KINDS: 1.

any of the children or other relatives within the 3rd civil degree. or treatment. Ill-treatment. Physical Injuries The means employed is not capable of resulting to death. By any person who. incapacitated from work for less than 30 days. b) Such ugliness would not disappear through natural healing process. 8353) Art. threat or intimidation. Aggravating/Qualifying Circumstances increases penalty to DEATH 1. step-parent. RAPE (R. Deformity is created upon the offended party. c) By means of fraudulent machination or grave abuse of authority. 7. . even though none of the circumstances mentioned above is present. healing duration or period of treatment is disregarded. Victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before the time of the commission of the crime. hearing distance is possible. 2. relation by affinity not included. relative by consanguinity or affinity within the 3rd civil degree. however if medical treatment exceeds 9 days it would qualify as Less Serious.A. under any of the circumstances mentioned in paragraph 1 hereof. Victim is under 7 years old. and d) When the offended party is under twelve (12) years of age or is demented. 3. 5. when the offender took advantage of his position to facilitate the commission of the crime.beyond 30 days. and guardian. When and How Committed Rape is committed1. by a man who shall have carnal knowledge of a woman under any of the following circumstances: a) Through force. b) When the offended party is deprived of reason or otherwise unconscious. frustrated • How? Determined by the means employed. parent. This involves ill treatment where there is no sign of injury requiring medical treatment.is committed by inflicting of pain although there is no wound but the pain suffered gives rise to slight physical injuries. shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice. When committed by any member of then AFP or paramilitary units thereof or the PNP or any law enforcement agency or penal institution. 4. Attempted or homicide/murder Intent to kill is determined. 266-A: Rape. Victim is under 18 and offender is the parent. healing or treatment. 2. therefore. or any instrument or object. ascendant. Offender knows that he has AIDS or any STD and the virus or disease is transmitted to the victim. or the common-law of the parent of the victim. Victim is under the custody of the police or military authorities or any law enforcement or penal institution. 6. Rape is committed in full view of the spouse. Deformity. an overt act to kill must be established and it cannot simply be manifested by oral threats. into genital or anal orifice of another person. NOTE: Jurisprudence used presence instead of full-view. a) The injury brought about an ugliness upon the offended.

Force and intimidation need not be proved. sweetheart defense is not a defense. 4. When the offender knew of the mental disability. When a public officer conspires with a private person in the commission of any of the crimes under Title IX. 2. Where the accused was alleged as stepfather in the information but proved later that he is merely a common-law spouse of the parent of the offended. The Supreme Court did not impose death on the following: 1. Force may not be irresistible. Intimidation in rape This includes moral kind that is. neither is the presentation of the victim’s torn panty fatal to the prosecutions case. which has no corresponding provision with crimes under Title II. the crime is also one committed under this title and not under Title II. . If there is a corresponding crime under Title II. emotional disorder and or physical handicap of the offended party at the time of the commission of the crime. 3. minority and relationship not alleged. 4. Furthermore. 2. but must be viewed in the light of the victim’s perception and judgment at the time of the crime. age of the victim was not alleged in the information. then the offender may be a public officer or a private person. the presence of a laceration in the vagina is not an essential prerequisite to prove that a victim has been raped. Statutory Rape This is carnal knowledge of a woman below 12 years old. relationship of the offender and offended not alleged though proved. Full or complete penetration of the private parts is not necessary as the only essential point to prove is the entrance or at least the introduction of the male organ in the labia of the pudendum. 5. but with the description of force which must be exercised in order to accomplish the act for there is no doubt that unlawful connection with a woman in a state of consciousness. what is at stake is that the child is of tender age and does not have a will of her own. Intimidation is addressed to the mind of the victim and is. In incestuous the moral ascendancy of the parent takes the place of force or violence. NOTE: The above stated circumstances must be alleged in the information to be appreciated as such.8. stupor or otherwise amounts to rape. CRIMES AGAINST LIBERTY • • If there is any crime under Title IX. 9. 10. • Some doctrinal principles: 1. The absence of medical findings by the medico-legal officer does not disprove the commission of rape. Its presence cannot be tested by any hard and fast rule. therefore subjective. 3. threatening the victim with knife. the offender under Title IX for such similar crime is a private person. Force in Rape It does not mean violently. When the offender knew of the pregnancy of the offended party at the time of the commission of the crime. the accused may be convicted of the offense. all that is necessary that the force used by the accused is sufficient to consummate his evil purpose. So long as the testimony of the victim meets the test of credibility. The working of the human mind under emotional state are unpredictable. When by reason or on the occasion of the rape. Pardon by the offended party? The valid marriage between the offender and the offended party shall extinguish the action or penalty imposed. The birth certificate is the best evidence. people react differently in such situations. the victim has suffered permanent physical mutilation or disability. The purpose of the medical examination is corroborative in nature. produced by profound sleep. or that it was successfully used. Consent is immaterial.

price or consideration paid or demanded for redemption of a captured person that would release then from captivity. 4) That in the commission of the offense. Qualifying Circumstance: Death Penalty 1. Purpose is to extort ransom 2. • • • • Kidnapping connotes the idea of transporting the offended party from one place to another Illegal detention connotes the idea. FORCIBLE ABDUCTION. • • Detention for more than 3 days not necessary when any of the other circumstances is present Victim need not be placed in an enclosure restraint need not be permanent. d. • • • • • Illegal Detention • Committed by a private individual who unlawfully kidnaps.it is the money. that it is committed simulating public authority c. 268: Slight illegal detention Elements: 1) that the offender is private individual 2) that he kidnaps or detains another. circumstances is present. raped or tortured as a consequence Ransom: Money. the amendment brings about a composite crime of Kidnapping with Homicide when it is the victim of the kidnapping who was killed. But where he was taken for the purpose of killing him and not for detaining him. That the person kidnapped or detained is a minor. RA 7659 modified Art. 267: Kidnapping and serious illegal detention Elements: 1) that the offender is a private individual 2) that he kidnaps or detains another. that any serious physical injuries are inflicted upon person kidnapped or detained or threats to kill him are made. any of the ff. a. or in any 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 267 • The same liability is incurred by an accomplice who furnished the place for the perpetration of the crime . • Crime against the fundamental law of the state. 267. • Crime is against personal liberty and security Art. it is not only that of transporting one person from one place to another. price or consideration paid or demanded for redemption of the victim/ payment in exchange of the liberty of the victim Arbitrary Detention • Committed by a public officer or employee who detains a person without legal ground. or in any manner deprives the latter of his liberty 3) That the act of detention or kidnapping must be illegal. female or a public officer. that the kidnapping or detention lasts for more than 3 days b.if a woman is transported from one place to another by virtue of her of her liberty and that act is coupled with lewd designs. the criminal intent must be established. that is restrained of his liberty without necessarily transporting him from one place to another When victim is killed because of his refusal to pay the ransom kidnapping being necessary to commit the murder it is complex crime of kidnapping with murder. detains or otherwise deprives a person of liberty. Art 48 on complex crimes does not govern In kidnapping. In KIDNAPPING FOR RANSOM voluntary release will not mitigate the crime because this crime is penalized with the extreme penalty of death Ransom. If victims is killed. or dies as a consequence of the detention and thus only one penalty is imposed which is death.Art. crime committed is murder.

269 • Detention is not authorized by law • Committed by making an arrest not authorized by law Art. the other parent of such minor child from the one having the lawful custody of said child or induce such minor to leave his home. That minor (whether over or under 7 years of age) is living in the home of his parents or guardian or the person entrusted with his custody. or both Art 267 does not apply. • Inducement must be actual. Note: When the victim is a female. 267. Art. 267. the kidnapping of the minor will then fall under Art.Privileged Mitigating Circumstances If the offender: a) voluntarily releases the person so kidnapped or detains within three days from the commencement of the detention b) without having attained the purpose intended c) Before the institution of criminal proceedings against him. No period of detention is filed by law. 271: Inducing a minor to abandon his home Elements: 1. Voluntary release is not mitigating circumstance under Art. 269: Unlawful arrest 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. whether public officer or private individual. penalty is arrest to major or a fine not exceeding P300. Art. 271 – Where they are living separately and the custody of their minor child having been given to one of them. That he deliberately fails to restore the said minor to his parents or guardian. 125 • Detention is for some legal ground • Crime is committed by failing to deliver such person to the proper judicial authority within a certain period of time even if the arrest be for a legal ground. 270: Kidnapping and failure to return a minor Elements: 1. 272: Slavery Elements: . Father or mother may commit crimes under Art. If any of the foregoing elements is absent. Art. • • • Offender is any person. 267 If the taking is with the consent of the parents. • • • When committed by either parent. 270 and Art. but the motive of the offender is controlling Must be with intention to deliver detainee to proper authorities. 2. the detention is punished under Art. That the offender induces said minor to abandon such home. Art 270/ 271 applies. Art. 3) That the arrest or detention is not authorized by law or there is no reasonable ground therefore. committed with criminal intent and determined by a will to cause damage. that the offender is entrusted with the custody of a minor person (over or under 7 but less than 21) 2. • Art. the crime is committed under this article.

Art. 275 applies only when someone is accidentally injured by the accused – Art. either as household servant or farm laborer. That it is under the pretext of reimbursing himself of a debt incurred by an ascendant. – CRIMES AGAINST SECURITY Abandonment of helpless persons And exploitation of minors Art. the penalty is higher. 2. 273: Exploitation of Child Labor Elements: 1. Art. the offender retains a minor in his service 2. • If the purpose of the offender is to assign the offended party to some immoral traffic (prostitution). failure to render assistance to any person whom the offender finds in an uninhabited place. that the offender purchases. That the offender compels a debtor to work for him.it is immaterial that the offender did not know that the child is under 7 yrs. that it is against the debtor’s will 3. 275: Abandonment of Persons in danger and Abandonment of one’s own victim Punishable Acts: 1. old 3. guardian a person entrusted with the custody of such minor. to the authorities or to his family. .1. the accused found there a person wounded or in danger of dying . This is committed if anyone shall purchase. kidnaps or detains a human being 2. Elements: 1. That the purpose is to require or enforce the payment of a debt. the place is not inhabited 2. unless such omission shall constitute a more serious offense Elements: 1. that it is against the will of the minor 3. or detain a human being for the purpose of enslaving him.It is immaterial that the offender did not know that the child is under 7 yrs. The accused failed to render assistance Failing to help/render assistance to another whom the offender has accidentally wounded or injured. 2. kidnap. that the offender has the custody of a child . sells. old Paragraph 2 of Art. • The penalty is increased if the purpose of the offender is to assign the offended party to some immoral traffic • The employment or custody of a minor with the consent of the parent or guardian although against the child’s own will cannot be considered involuntary servitude. 3. That the purpose of the offender is to enslave such human being. wounded or in danger of dying when he can render such assistance without to himself. The accused can render assistance without detriment to himself 4. under seven years whom the offender has found abandonment. Does not distinguish whether the victim is a minor or not. Failing to deliver a child. 274: Services Rendered Under Compulsion in Payment of Debt. 276: Abandoning a Minor Elements: 1. by failing to state him to a safe place.

3. teacher. 277: Abandonment of Minor by Person Entrusted with his Custody. 4. or if the one who entrusted such child to the offender is absent. that he has no intent to kill the child when the latter is abandoned – • Where there is intent to kill. 7610 punished abuse. 278: Exploitation of Minors Acts Punished: 1. the penalty is higher. 4. Delivering a child under 16 gratuitously to any person in any of the callings enumerated. the offender being engaged in any of the said calling. That he delivers said minor to a public institution or other persons 2. rope-walker. Employing children 16 who are not children or descendants of the offender in exhibitions of acrobat. That the one who entrusted such child to the offender has not consented to such act. etc. Failure to give education must be due to deliberate desire to evade such obligation – Obligation to educate children terminates. that the child is under seven years 3. or contortion. this article does not apply. the offender being an acrobat.2. physical. particularly the crime of abandoning a minor. Circumstances Qualifying the Offense 1. 3. If the life of the minor was in danger because of the abandonment – If the offender is the parent of the minor who is abandoned he shall be deprived of parental authority Art. Causing any boy or girl under 16 to perform any dangerous feat of balancing. the offender being an ascendant. conscious and deliberate abandonment is required in this article. the offender being any person. or to any habitual vagrant or beggar. Note: RA. Circumstance Qualifying the Offense If the offense is committed by means of violence or intimidation. Elements of the Indifference of Parents: 1. indifference of parents Elements of the Abandonment of Minor: 1. Inducing any child under 16 to abandon the home of its ascendants. Art. diver or wild animal tamer. curators or teachers to fallow any person engaged in any callings mentioned or to accompany any habitual vagrant or beggar. When the death of the minor resulted from such abandonment 2. Intent to kill cannot be presumed from the death of the child The ruling that the intent to kill is presumed from the death of the victim of the crime is applicable only to crimes against person. exploitation and discrimination of minors. guardian. or person entrusted in any capacity with the care of such child. 2. That the offender is a parent That he neglects his children by not giving them education That his station in life requires such education and his financial condition permits it. the offender being any person. or circus manager or engaged in a similar calling. - . 2. the proper authorities have not consented to it. Employing any descendant under 12 years of age in dangerous exhibitions enumerates in the next preceding paragraph. gymnast. and not to crimes against security. 5. that he abandons such child 4. guardians. if mother and children refuse without good reason to live with accused. – A permanent.

.Signifies distinct and definite locality. Fraudulent entrance may constitute trespass. That the offender is a private person 2. Premises defined . • All trespassers ordinarily have intention to commit another crime. building or definite area. Entering a warehouse may be trespass under this article because the warehouse is a closed premise. but if there is no overt act of the crime intended to be committed the crime is only trespass to dwelling. the penalty is higher. • Art. It may mean a room.The exploitation of minors must refer to act endangering the life or safety of the minor. Absolutely Causes: 1) If the entrance to another’s dwelling is made for purpose of preventing some serious harm to himself. tavern. 280: Qualified Trespass to Dwelling Elements: 1.. That the offender enters the closed premises or the fenced estate of another. That the trespasser has not secured the permission of the owner or the caretaker thereof. and while • • • 3) If the place where entrance is made is a café. the occupants of the dwelling or third person. Dwelling includes room when occupied by another person Dwelling defined - Any building or structure exclusively devoted for rest and comfort. but in either case. inns and other public houses while they are open. not necessary when violence or intimidation is employed by the offender. offices etc. inn and other public house. locality is fixed. the same are open. The prohibition to enter may be made at any time and not necessarily at the time of the entrance Cases when Art 280 does not apply: a) when the purpose of the entrance is to prevent serious harm to himself. shop. That he enters the dwelling of another 3.means that the entrance is either expressly or impliedly prohibited or the prohibition is presumed. That the entrance is made while either of them is uninhabited. That such entrance is against the latter’s will Circumstance qualifying the offense If the offense is committed by means of violence or intimidation. 4. 2) If the purpose is to render some service to humanity or justice. 5. 3. That the prohibition to enter be manifest. even though working for him is not against the will of the child. taverns. • Against The Will. as distinguished from places devoted to business. 2. Prohibited is implied in entrance through the window Prohibited must be in existence prior to or at the time of entrance Prohibited. • The offender is engaged in a kind of business that would place the life or limb of the minor in danger. Art. 281: Other Forms of Trespass Elements: 1. the occupant or third persons b) when the purpose of the offender in entering is to render some service to humanity or justice c) Anyone who shall enter cafes.

- Art. That the offender makes a threat to commit a wrong. and the offender attained his purpose.D 772: Penalizes squatting and other similar acts Threats and coercion Art. the threat is not being subject to a condition. - Penalty to be imposed: if the offender attained his purpose. Threats made in connection with commission of other crimes are absorbed by the latten. 283: Light Threats Element: 1. 2. By threatening another with the infliction upon this person. the penalty one degree lower of the penalty for the crime threatened to be committed shall be imposed If the threat is not subject to a condition. the crime is Grave Threats. otherwise the crime is robbery with intimidation. By taking such without the offender attaining his purpose. but if the threat was made with the deliberate purpose of creating in the mind of the person threatened the belief that the threat would be carried into effect. • Place enter is uninhabited • It is entering the closed premises or the fenced estate without securing the permission on of the owner or care taker thereof. that the offender has or. That there is a demand for money or that other condition is imposed. 2. 280 • Offender is a private person • • • Offender enters a dwelling house Place entered is inhabited Act constituting the crime is entering the dwelling against the will of the owner Prohibition to enter is express or implied • Art. honor or property or that of his family of any wrong amounting to a crime. has not attained his purpose - Light are committed in the same manner as grave threats. Blackmailing may be punished under Art. even though not unlawful. 3. and the minor crime which accompanied it should be disregarded. except that the act threatened to be committed should not be a crime. • Prohibition to enter must be manifest. By threatening another with the infliction upon his person honor or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition. That the wrong does not constitute a crime. Essence of the crime of threats is intimidation Qualifying Circumstances: if threat was made in writing or through a middleman The act threatened must be wrong The crime is consummated as soon as the threats come to the knowledge of the person threatened. P. not necessary that the offended party was present at the time the threats were made. 3. 4. even though not unlawful. The offender in grave threats does not demand the delivery on the spot of the money or offer personal property asked by him.Art. 282: Grave Threats Punishable Acts: 1. 283 Art 284: Bond for Good Behavior . 281 • Detention is not authorized by law • Offender enters closed premises or fenced estate. the penalty is fixed.

actual or imminent. that a person presented another from doing something not prohibited by law. o In grave coercion. that the person that restrained the will and liberty of another had not the authority of law or the right to do so. that the prevention or compulsion be effected by violence. Orally threatening another. The essence of coercion is an attack on individual liberty - Art. the offense is only light threats. If the act was already done when violence is exerted. without persisting in the idea involved in his threat. Coercion is consummated even if the offended party did not accede to the purpose of the coercion. or. or by inducing such weapon in a quarrel. By compelling another. that the restraint shall not be made under authority of law or in the exercise of any lawful right. o grave coercion arises only if the act which the offender prevented to do so is not prohibited by law or ordinance o The violence employed must be immediate. Threatening another with a weapon. and 3. Elements: 1. to do something against his Will. 285: Other light threats Prohibited Acts: 1. when the threatens another under circumstances mentioned under 283 Art. by orally threatening to do another any harm not constituting a felony. the crime is unjust vexation.Cases when a person is obliged to file the bond 1. That the offender must be a creditor 2. by means of violence. be it right or wrong. unless it is in lawful self-defense. threats or intimidation. 2. o o Other light threats can be committed even the person to whom it is directed is absent Where the threats are directed to a person who is absent and uttered in a temporary fit of anger. . the act of preventing by force must be made at the time the offended party was doing or about to do the act to be prevented. threats or intimidation. in other words. with some harm constituting a crime. THREATS The intimidation is clear and conditional It maybe through an intermediary Refers to a person. honor or property Gain is not an essential element The danger to the victim is not instant ROBBERY Intimidation is actual and immediate Intimidation is personal Refers to personal property There in intent to gain Imminent to the victim • • Art. ART 286: Grave Coercions: something not Two ways of committing Grave Coercions: 1. 35 • bond to keep the peace • not made applicable to any particular case it is an additional penalty applicable only to cases of grave threats and light threats. from doing prohibited by law . By preventing another. 3. 2. That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation. or that he compelled him to do something against his will. 2. whether it be right or wrong. by means of violence. That he seizes anything belonging to his debtor 3. When the threatens another under circumstances mentioned in 282 2. 287: Light Coercion Elements: 1. threats or intimidation. in the heat of anger.

Circumstance qualifying the offense: . That the offender is a private individual or even a public officer not in the exercise of his official function. is unjust vexation. Elements of Act. o o If there is no violence employed. That offender is informed of the contents of the papers of letters seized. the act is punishable under paragraph 2 of article 287 Unjust includes any human conducts which although not productive of some physical or material would. No. 2. 1 a) that the offender is any person. not prohibited Peaceful picketing is part of freedom of speech and therefore. c) That such employee or laborer does not expressly request that he be paid by means of tokens or objects. without performing acts of lasciviousness. Art 289: Formation. or knowingly permits to be forced or compelled. • Preventing employee from joining any registered labor organization is punished under the labor code. directly or indirectly or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind from him. in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work. - Kissing a girl. That the purpose of the offender is to apply the same to the payment of the debt. agents or officer of any association or corporation. cannot be prohibited • Employing violence or making threat by picketers may make them liable for coercion. 290: Discovering secrets through of correspondence Elements: 1. • • This article does not require that the offended party be prejudiced. There is no violence or intimidation in unjust vexation Art 288: Other similar coercions (compulsory purchase of merchandise and payment of wages by means of tokens) Punishable Acts: 1. directly or indirectly. Forcing or compelling. The act should mot be a more pervious offense Peaceful picketing. any of his or its laborers or employees to purchase merchandise of commodities of any kind from him or from said firm or corporation Elements of Act. that the purpose is to discover the secrets of such another person 4. maintenance.. strike of laborers or lockout of employers. b) That he or such firm or corporation has employed laborers or employees. unless expressly requested by such laborer or employee. unjustly annoy or vex an innocent person. 2. 2) That the purpose is to organize. however. Paying the wages due his laborer or employee by means of tokens or objects other that the legal tender currency of the Phil. maintain or prevent coalitions of capital or labor. not under the revised penal code • • o Art. 2 a) That the offender pays the wages due a laborer or employee employed by him by means of tokens or objects. Elements: 1) That the offender employs violence or threats. that the seizes the papers of letters of another 3. No.4. b) That these tokens or objects one other than the legal tender currency of the Philippines. and prohibition of combination of capital or labor through violence or threats. c) That he forces or compels.

sell or dispose of. the president or the manager or any officer thereof who knows or should have known the commission of the offense shall be liable. to have been derived from the proceeds of the crime of robbery or theft. objects or anything of value obtained from an unlicensed dealer or supplier theory. article. the penalty is higher.Secrets must relate to manufacturing processes .D. employee or servant 2. item. or shall buy and sell. object. CRIMES AGAINST PROPERTY . conceal. That the offender reveals such secrets. Any person who fails to secure the clearance or permit requires by this section or who violates any of the rules and regulations promulgated hereunder shall upon conviction be punished as Fence. Fence = includes any person. object or anything of value which he knows. 3.The revelation of the secret might be made after the employee or workman had ceased to be connected with the establishment. or in any other manner deal in any article. Damage is not necessary Art. . 2. *this article is inapplicable to: a) parents b) guardians c) or persons entrusted with the custody of minors under their care d) spouse e) teachers or other persons entrusted with the care and education of the minor o Art 291: Revealing secrets with abuse of Office Elements: 1. 3. or association. article. • Presumption of Fencing Mere possession of any good. shall buy. corporation. That the offender learns the secrets of is principal of master in such capacity. employee or workman of a manufacturing or industrial establishment. That the manufacturing or industrial establishment has a secret of the industry which the offender has learned. establishments or entities dealing in the buy and sell of any good. item. acquire. • Liability of Officials of Juridical Persons If the fence is a partnership. keep. or should be known to him. shall before offering the same for sale to the public. 292: Revelation of Industrial Secrets Elements: 1. item.Prejudice is an element of the offense. . all stores. or partnership or other organization who/which commits the act of fencing. with intent to gain for himself or for another. Anti – Fencing Law (P. that the offender is a manager. 1612) Fencing = is that act of any person who. receive. 4.When the offender reveals the contents of such paper or letters of another to a third person. - The secret must have come to their knowledge by reason of their office or position. secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store. That he reveals such secrets. That the offender is a person in charge. firm. establishment or entity is located. corporation. or anything of value which has been the subject of robbery thievery shall be prime facie evidence of fencing. That prejudice is caused to the owner. association. • Clearance/Permit to sell used Secondhand Articles For purpose of this act. firm. possess.

If the violence or intimidation employed shall have been carried to a degree unnecessary for the commission of the crime. the offender inflicted upon any person not responsible for its commission any of the physical injuries covered by subdivisions 3 and 4 or Article 263. regardless of the persons killed. it is not necessary that the person for whom the property is taken by means of threats and violence. or when robbery is accompanied by rape or intentional mutilation or arson. CLASSIFICATION OF ROBBERY: 1. The fact that there multiple killings committed in the course of the robbery will be considered only as . c. anythings. HOMICIDE. (Articles 299 and 302) ELEMENTS OF ROBBERY IN GENERAL a. or intimidation of persons. When by reason of robbery or on occasion of the robbery homicide shall have been committed. 2.297 and 298) 2. on the part of the person appropriating it. Article 48 applies only when a complex crime is not punished with a specific penalty. 3. Robbery with violence against. with the intent to charge the bailee with its value. When by reason on occasion of such robbery serious physical injuries penalized in subdivision 2 of Article 263 shall have been inflicted. Robbery by the use of force upon things. • Even the owner of the property may be guilty of robbery when. for the purpose of gain. or when in the course of its execution. shall be guilty of robbery. ROBBERY WITH HOMICIDE The form “HOMICIDE” is used in the generic sense and the complex crime there in contemplated comprehends not only robbery with homicide in its restricted sense but also with robbery with murder. • • Any and all forms of killing (murder.ROBBERY IN GENERAL ROBBERY. b. (Articles 294. for a instance he takes it from the possession of a bailee. Defined: Robbery is the taking of personal property belonging to another. infanticide) are referred to as As long as there is only one (1) robbery. 4. When or by reason or on occasion of such robbery serious physical injuries penalized in subdivision 1 of Article 263 shall have been inflicted. or intimidation of any person. 294: ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS Kinds of Robbery with violence against or intimidation of persons: 1. d. with intent to gain. Art. parricide. That there be of (1)personal property (2) belonging to another. Other cases of violence or intimidation • The phrases “on the occasion” and “by reason” of the robbery mean that the homicide. That there is (3) unlawful taking of the property. 5. • Robbery is a complex crime because there one penalty prescribed. by means of violence against. That the taking must be (4) with intent to gain. rape and serious physical injuries defined in paragraphs 1 and 2 of Article 263 must be committed in the course or because of the robbery. or using force upon anything. That there is (5) violence against or intimidation of any person or force upon • In the commission of the crime of robbery. the crime will only be one count of robbery with homicide. It is sufficient if the property is taken from him by such means. even if two crimes are committed. shall be the owner thereof.

the crime will still be robbery with serious physical injuries. if the physical injuries inflicted are those falling under subdivision 1 and 2 of Article 263. ⇒ If is not necessary that the rape be committed prior to our simultaneously with the robbery. there is no crime of robbery with physical injuries because the wording of the law says “UPON ANY PERSON NOT RESPONSIBLE FOR ITS COMMISSION. on a street. because the crime is robbery which is a crime against property. and his taking of the jewels of the victim was NOT WITH INTENT TO GAIN but just to have some tokens of her supposed consent to the coition. in an uninhabited place. ROBBERY WITH QUALIFIED WHEN: VIOLENCE AGAINST OR INTIMIDATION OF PERSONS IS ⇒ If in the occasion of the robbery. • If somebody is killed and physical injuries are also inflicted by reason or on the occasion of the robbery. ⇒ There is no such crime as robbery with attempted rape. or by a band. physical injuries. the other is raping a woman in the same house. and even though it had been inflicted after the robbery was already consummated. while some robbers are ransacking for personal property in the house. . Both crimes cannot be the result of a SINGLE ACT. the crime remains robbery with rape. The law does not require that the person killed is the owner of the property taken. street car. the accused committed two district crimes of rape and unjust vexation. ⇒ If rape was the primary objective of the occurred. The rape is not erased.” However. because a robbery cannot be a necessary means to commit attempted rape. ROBBERY WITH PHYSICAL INJURIES another robber. • When homicide is not proved. The crime becomes merely robbery. or by entering the passenger’s compartments in a train. For the law says. nor attempted rape. • If in the course of the robbery another robber is killed by his companion. If the rape is committed against a woman in a house other than that the robbery is committed. the crime is only robbery. road highway. If they are only LESS SERIOUS OR SLIGHT they are absorbed in the robbery. 3. the offender shall be punished by the maximum periods of the proper penalties prescribed in Article 294. to commit robbery. ROBBERY WITH RAPE ⇒ This is usually committed when. or in any manner taking the passengers there of by surprise in the respective conveyances.B. by attacking a moving train. etc. there will be a separate charge for less serious physical injuries.AGGRAVATING so as to call for the imposition of the maximum penalty prescribed by law. 2. and the intimidation is made with the use of firearms. ⇒ If the woman raped pardoned or married the robber. the rape should be considered a separate offense. 4. or alley. or 5. the physical injuries inflicted are only considered AGGRAVATING CIRCUMSTANCES in the crime of robbery with homicide. N. ⇒ But if the less serious physical injuries are committed after the robbery was already consummated. one of the offenders inflicted upon If any of the offenses defined in subdivisions 3. The rape must be consummated. or airship. the crime committed is still robbery with homicide. even though the physical injuries were inflicted upon one of the robbers themselves. The same is true even if the person killed was an innocent bystander and not the person robbed. in the definition of the crime. There will only be one count of accusation. that when the robbery is accompanied by rape on mutilation. motor vehicle. ⇒ The physical injuries must always be serious. 4 and t of Article 294 is committed 1.

That the offender compels him to sign. ⇒ The qualifying circumstances do not apply with Robbery with Homicide. II. Article 297 provides that whether the robbery is attempted or frustrated. etc. • Any number of the band who was present at the commission of a robbery by the band shall be punished as principal of any of the assaults committed by the band. That the compulsion is by means of violence or intimidation. the killing of the victim is qualified by treachery or relationship. The offender must have FORCED . respectively. the penalty is still the same. the penalty upon all the malefactors shall be the maximum of the corresponding penalty provided by law. ROBBERY BY THE USE OF FORCE UPON THINGS The “force upon things” contemplated requires some element of trespass into the establishment where the robbery was committed.” The adjective “PUBLIC” must therefore describe the word “INSTRUMENT” only. even if less than four armed men. Article 48 is applicable. 3. they are only GENERIC AGGRAVATING CIRCUMSTANCES. However. it is denied committed by a band. Rape or with Serious Physical Injuries under subdivision 1 of Article 263. That the offender has intent to defraud another. Art. in an attempted or frustrated robbery. If said circumstances are present. • not applicable if the document is VOID. execute. • But when there is CONSPIRACY to commit homicide and robbery. rape. all the acts of conspiracy. without prejudice to the criminal liability for illegal possession of such firearms. unless it is shown that he attempted to prevent the same. 2. Hence. The Spanish test of this article says “ESCRITURA PUBLICA O DOCUMENTO. ⇒ It cannot be offset by GENERIC MITIGATING CIRCUMSTANCES. When any of the arms used in the commission of the robbery is not licensed. However. Robbery with Homicide and/or Attempted or Frustrated Robbery with homicide is a SPECIAL COMPLEX CRIME not governed by Article 48. 298 EXECUTION OF DEEDS BY MEANS OF VIOLENCE OF INTIMIDATION ELEMENTS: 1. when the offense committed is attempted or frustrated robbery with serious physical injuries. delivered is a private or commercial paper. The document need not be PUBLIC. the proper penalty for murder or parricide shall be imposed because it is more severe.⇒ Any of these five (5) QUALIFYING CIRCUMSTANCES of robbery with physical injuries or intimidation most be alleged in the information and proved during the trial. When at least four (4) armed malefactors take part in the commission of a robbery. are liable for the special complex crime of robbery with homicide. or deliver any public instrument or document. DEFINITION OF A BAND AND PENALTY INCURRED BY THE MEMBERS THEREOF: BAND Defined. ART. 296. but by the special provisions of Articles 297.

that would characterize the taking of personal property inside as robbery. By mere entering alone. That once inside the building. The offender must “ENTER” house or building in which the robbery is committed. By using false keys. the crime will only be THEFT. even if the window is not broken. the offender took personal property belonging to another with intent to gain. There must be evidence or the facts must show that the accused entered the dwelling. That the offender entered (a) an inhabited house. and which form part of the whole. ⇒ If the entering was done through the window. the taking from within is only THEFT. 2. changes. or b. . having an interior entrance connected therewith. Through an opening not intended for entrance or egress. Thus. That the offender is inside a dwelling house. 2. roof. by taking much furniture or objects way to be broken as forced open the pace of the group. warehouses. or (c) edifice devoted to religious worship. the crime committed is THEFT.TO ENTER INTO the premises when the robbery was committed. It’s the breaking of the receptacle or closet or cabinet where the personal property is kept that will give rise to robbery. picklocks or similar tools. The entering will not give rise to robbery even if something is taken inside. UNDER THE FIRST PREDICATE THE ELEMENTS ARE: 1. or d. THE ELEMENTS ARE: 1. under any other following. by the breaking of doors wardrobe. 295) DEPENDENCIES. if the offender merely inserted his hard through an opening in the wall or used a pole through the window to get the clothes inside the room. If the picklock of false key was used not to enter the premises because the offender had already entered but was used to unlock an interior door or even a receptacle where the valuable or personal belonging was taken. must be committed in an UNINHABITED PLACE and BY INTIMIDATION OF PERSONS must be committed in an (1. not ROBBERY. there must be save damage. TWO (2) PREDICATES THAT WILL GIVE RISE TO THE CRIME AS ROBBERY: 1. If no entry was effected even through force may have been employed actually in the taking of the property from within the premises. If the door was not damaged but only the lack attached to the door was broken. b. house or building by any of the means enumerated. ROBBERY WITH FORCE UPON THINGS (299). Defined: Are all interior courts. the interpretation was that in order that there be a breaking of the door in contemplation of law. and not to extract personal belongings from the place where it is biro kept. granaries or enclosed places contiguous to the building or edifice. or (b) public building. ⇒ Ordinarily. c. UNDER THE SECOND PREDICATE. in order to be qualified. with the initial to gain. public building or edifice development to religious worship regardless ok the circumstances: 2. because the window is not an opening intended for entrance. the use of false keys or pick lock will not give rise to robbery with force upon things entrance. or any my other kind of locked or sealed furniture or receptacle. BUT THE RULING IS NOW ABANDONED BECAUSE THE DOOR IS CONSIDERED USELESS WITHOUT THE LOCK. By breaking any wall.)UNINHABITED PLACE or (2) BY A BAND (Art. while the offender remained outside the house or building. 2. a. corrals. a robbery will be committed if any personal property is taken from within. or floor or breaking any door or window. That he offend personal property belonging to another. That the entrance was effected by any of the following means: a. By using any fictitious name or pretending the exercise of public authority.

304 ILLEGAL POSSESSION OF PICKLOCKS OR SIMILAR TOOLS ELEMENTS: 1. To commit robbery in the highway. . picklocks or other similar tools. c. c.. That with intent to gain. unless the contrary is proven. The purpose is any or the following: a. To kidnap persons for the purpose of extortion or to obtain ransom. That the offender does any of the following acts: a. or e. 2. That any of the following circumstances was present: a. not a public building. 4. To attain by means of force and violence ay other purpose. FRUITS. A closed or sealed receptacle was removed. There be at least four (4) armed person. The entrance was effected through the use of false keys. in order to convict them. It is not necessary that they actually used to commit flattered. chest. wardrobe. That the offender knows the land to be brigands. That the offender has in his possession pick/labels on similar tools. A wall. roof. The entrance was effected through an opening not intended for entrance or egress. 3. ART. b. etc. Thereby. He in any manner aids. OR FIREWOOD IN AN UNINHABITED PLACE OR PRIVATE BUILDING: When the robbery described in Articles 299and 302 consists in the taking of cereals. He acquires or receives often property taken by finish brigands. It would not be necessary to show in a prosecution under this article that a member or members of the band actually committed highway robbery. b. the offender took therefrom personal property belonging to another. That the offender entered an uninhabited place or a building which was not a dwelling house. ROBBERY OF CEREALS. 3. because the main object of law is to prevent formation of band of robbers. because the place uninhabited and 20 no problem could be deceived. 3. or b. PRESUMPTION: It shall be presumed that the person performing any of the acts provided in the article has performed them knowingly. A door. 307 AIDING AND ABETTING A BAND OF BRIGANDS ELEMENTS: 1. 2. there is a band of brigands. The existence of any of the purposes mentioned is sufficient. The penalty next loaner mi degree than that prescribed in said articles shall be imposed ART. 2. That they are especially adopted That the offender does not have lawful cause for such possession. or firewood. They formed a band of robbers. 2. CHAPTER II BRIGANDAGE THERE IS BRIGANDAGE WHEN: 1. That. or c.ART. or outside door or window was broken. abets or protects such band of brigands. or any sealed or closed furniture or receptacle was broken. floor. or not an edifice devoted to religious worship. fruit. 2. 302 ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING ELEMENTS: 1. • The use of fictitious name or pretending the exercise of public authority is not a means of entering the building under this article. even if the same be broken open elsewhere. d. He gives information of the police or other please qualification.

from the deliberate failure to deliver the lost property to the proper person. That said property belongs to another. part of the recently stolen property. 2. 43 Phil. in the absence of satisfactory explanation of his possession. it was held that asportation is complete from the moment the offender had full possession of the thing. vs. Yusay. even if he did not have an opportunity to dispose of the same. shall take personal property of another without the latter’s consent. Those who. 50 Phil. 2. (a) after having maliciously damaged the property of another. It is enough that on taking them. who intent to gain but without violence against or intimidation to persons nor force upon things. cereals or other forest or farm products. Things to be considered OR proved: 1. (c) hunt or fish upon the same or gather fruits. Those who (a) enter an enclosed estate or a field where (b)trespass is forbidden or which belongs to another and. (b) fail to deliver the same to the local authorities or to its owner. 598) BASIS OF PENALTY ARE THE FF: 1. It is not necessary that there was real or actual gain in the part of the offender or that he removed the stolen animals in order to make use of or device some benefit from them. 2.CHAPTER III THEFT THEFT. he is pressured to be the thief of all. the finder knowing that the property does not belong to him. Theft is consummated when the offender/s were able to take possession of the thing taken by them. 1000. without the consent of its owner. 4. Those who. • “Intent to gain” is presumed from the unlawful taking of personal property belonging to another. That the taking be done with intent to gain. he was then actuated by the desire or intent to gain. refrained from doing so. or 3. more or less away. (c)take (d) personal property (e) of another (f) without the latter’s consent. 5. The taking is considered complete only when the offender is able to place the thing taken under his control and in such a situation as he could dispose of it at once. (a) having found lost property. That the taking be done without the consent of the owner.S. ⇒ PRESUMPTION (DOCTRINE OF POSSESSION) when a person has in his possession. Those who. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things. Defined: Theft is committed by any person. The time of seizure of the thing. ⇒ Intent to gain is inferred. . 4. (a) with intent to gain. (b) but without violence against or intimidation of persons nor force upon things. That there be taking of personal property. The value of the things stolen. the thing token by him from its owner. The value and also the nature of the property taken. • On other cases. ELEMENTS OF THEFT: 1. PERSONS LIABLE FOR THEFT: 1. (U. That he accused having the opportunity to return or deliver the lost property to its owner or to the local authorities. 2. (b) remove or make use of the fruits or objects of the damage caused by them. De Vera. The circumstances or causes that impelled the culprit to commit the crime. 3. It is not an indispensable element of Theft that the thief carries. 3. People vs. FINDER OF LOST PROPERTY.

313: ALTERING BOUNDARIES OF LANDMARKS ELEMENTS: 1. property. etc. That violence against or intimidation of persons is used by the offender in occupying real property or usurping real rights in property. or states. That eh offender alters said boundary marks. 6. That the offender hunts or fishes upon the same or gathers fruits. That there is intent to gain. ⇒ That there not be allegation in the information the proof of relation by reason of dependence. That the offender takes possession of any real property or usurps any real rights in b. guardianship or vigilance. . OR GATHERING FRUITS. THEFT IS QUALIFIED IF: 1. That the real property or real rights belong to another. c. or any other calamity vehicular accident or civil disturbance. between the accused and the offended parts. That there be boundary marks or monuments of towns provinces. 2. That he offender enters the same.HUNTING. volcanic eruption. 311) CHAPTER V USURPATION Art. or any other marks intended to designate the boundaries of the same. or (c) large cattle. ⇒ Theft of Property of National Library and Museum has a fixed penalty regardless of its value (Art. cereals or other forest or farm products in the estate or field. Mere alteration is punishable. FISHING. and 4. By usurping any real rights in property to another by means of violence against or intimidation of persons. ⇒ It is not necessary that the domestic servant committed the crime with grave abuse of authority. If the property stolen is fish taken from a fishpond or fishery. If the theft is committed by a domestic servant. earthquake. ELEMENTS: a. By taking possession of any real property belonging to another by means of violence against or intimidation of persons. 2. Art. • Criminal action for usurpation of real property is not a far for the filing of civil action for FORCIBLE ENTRY. d. • Intent to gain is not necessary. That the hunting or fishing or gathering of products is without the consent of the owner. IN ENCLOSED ESTATE: ELEMENTS: 1. (b) mail matter. If the property stolen consists of coconuts taken from the premises of a plantation. 3. 4.. that has created a high degree of confidence between then. which the accused abused. 2. That there is an enclosed estate or a field where trespass is forbidden or which belongs to another. 2. 5. If the theft is committed with grave abuse of confidence. If the property stolen is a (a) motor vehicle. 3. 312: OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY ACTS PUNISHABLE: 1. typhoon. If property is taken on the occasion of fire.

goods. . That there be prejudice to his auditors. through fraudulent means. 2. and 4. 2. THE FIRST ELEMENT COVERS THE TREE DIFFERENT WAYS OF COMMITTING ESTAFA UNDER ARTICLE 315. • It is necessary that the damage or prejudice be capable of pecuniary estimation. he has obligation due and payable. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person. with unfaithfulness or abuse of confidence. or other personal property be received by the offender in trust. because the amount or damage or prejudice is the basis of the penalty of estafa. when they were delivered.CHAPTER V CULPABLE INSOLVENCY Art. ILLUSTRATION: Altering the Quantity Pedro who. ILLUSTRATION: Altering the Substances Pedro sold 500 tin cans of condensed milk to Juan. or under any other obligation involving the duty to make delivery of. delivers to Juan 450 can only. That damage or prejudice is caused to another. 200 cans contained evaporated milk. or for administration. 3. CHAPTER VI SWINDLING AND OTHER DECEITS ELEMENTS OF ESTAFA IN GENERAL: 1. quantity or quality. it was found to be locally made. But when they were delivered to Juan. That there is a demand made by the offended party to the offender. and 2. or on commission. 2. That the offender has an onerous obligation to deliver something of value. Defined. • Fraudulent concealment of property is not sufficient in the debtor has some other property/properties with which to satisfy his obligation. 3. That he alters his substances. 2. That such misappropriation or conversion or denial is the prejudice of another. that is. ILLUSTRATION: Altering the Quality Pedro agreed to sell to Juan imported condensed milk and received from Juan the purchase price thereof. and having received the payment thereof. or to return. ELEMENT OF ESTAFA WITH ABUSE OF CONFIDENCE: 1. The damage consists in the difference in the value of the milk. NAMELY: 1. 315: FRAUDULENT INSOVENCY ELEMENTS: 1. That there be misappropriation or conversion of such money or property by the offender. by means of false pretenses or fraudulent acts. ELEMENTS OF ESTAFA WITH UNFAITHFULNESS: 1. or denial on his part of such receipt. That money. after having agreed to the sale of 500 cans of milk. or 3. That he absconds with his property. 3. JURIDICIAL POSSESSION. the same. That the accused defrauded another (a) by abuse of confidence. That the offender is a debtor. or (b) by means of deceit. real or personal.

• Devoting the property to a purpose or use different from that agreed upon. The offender must induce the offender party to sign the document. where DEMAND may be required. 3. That such false pretense. THREE (3) WAYS OF COMMITTING ESTAFA WITH ABUSE OF CONFIDENCE: 1. If the offended party is WILLING and READY from the beginning to sign the document and there is deceit as to the character or contents of the document. unlike in estafa in by means of deceit. ESTAFA BY MEANS OF FRAUDULENT ACTS: • The acts must be characterized by or founded on deceit. demand is not necessary. fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud. because the offender obtains delivery of the thing wrongfully from the beginning. That above the signature of the offended party a document is written by the offender without authority to do so. That the offended party personally signed the document. ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENT: 1. That the offender induced the offended party to sign a document. because the content are different from those which the offended part told the accused to state in the document. That deceit be employed to make him sign the document. the crime is FALSIFICATION. That the offended party must have relied on the false pretense. 3. 2. That the paper with the signature of the offended party be in blank. the offender receives the thing from the offended party under a lawful transaction. or fraudulent means. 4. • There is no estafa through NEGLIGENCE. That as a result thereof. • It must be to the prejudice of the offended party to the prejudice of another not necessarily of the owner of the property. to take something for one’s own benefit. That the document so written creates a liability of. By misappropriating the thing received. 4. or fraudulent means. • DEMAND is not required by law. 2. upon demand. ELEMENT OF ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE IN BLANK: 1. That the offended party should have delivered it to the offender.Means a possession which gives the transfer a right over the thing which the transferee set up even against the owner. the offended part suffered damage. he was induced to part with his money or property because of the false pretense. By converting the thing received. OTHER FORMS OF SWINDLING . This is the kind of estafa under Article 315. • The act of using or disposing of another’s property as if it were one’s own. trick or cheat. ELEMENTS OF ESTAFA BY MEANS OF DECEIT: a. fraudulent act. • Means to own. 3. fraudulent act or fraudulent means. fraudulent act. By denying that the thing was received. 2. is circumstantial evidence of misappropriation. or causes damage to. the offended party or any third person. b. because in estafa with abuse of confidence. c. that is. but it is necessary because failure to account. That there must be a false pretense. That prejudice be caused. d.

pretending to be the owner of the same ELEMENTS: 1. since the abstracting was made with the intent that another might profit thereby. An enforceable verbal agreement. That prejudice is thereby caused to the possessor or third person. 2.PARAGRAPH 1. encumbering or mortgaging in the real property) 4. to mortgage. previously made. selling.By disposing of real property as free from encumbrance. because a promise to mortgage is not an encumbrance. 4. if not. The offender must know that the real property is encumbered. or mortgaging any real property. That the act be made to the prejudice of the owner or a third person. the case would be FRAUDULENT INSOLVENCY. That the thing be immovable. The crime of estafa by executing a fictitious contract to the prejudice of another may be illustrated in the case of a person who SIMULATES a conveyance of his property to another. That said personal property is in the lawful possession of another. • The offender must be the owner of the personal property. The real property as a security for a loan is an encumbrance on the property.By accepting any compensation for services not rendered or for labor not performed The crime in this paragraph consists in accepting any compensation given the accused who did not render the service or perform the labor for which payment was made.By conveying. PARAGRAPH 3.By wrongfully taking by the owner his personal property from its lawful possessor. Defined: Includes every right or interest in the land which exist in favor of third person/s. 2. . That the offender is the owner of personal property. the offense is estafa by means of false pretense under paragraph 2(a) of Article 315. for the purpose of defrauding his creditors. 4. • The real property must be existing. PARAGRAPH 2. it is THEFT. 3. That the act of disposing of the real property be made to the damage of another. That the offender should have executed an act of ownership (selling. ELEMENTS: 1. If he is a third person and his purpose in taking it is to return it to the owner. 2. 2. 3. leasing. That the offender wrongfully takes it from its lawful possessor. That the thing disposed of be real property. such as a parcel of land or a building. That he offender who is not the owner of said property should represent that he is the owner thereof. to prejudice a creditor. That the offender knew that the real property was encumbered. 1. encumbering. PARAGRAPH 4 – By executing any fictitious contract to the prejudice of another. 3. • If the conveyance is real and made for a consideration and not simulated. whether the encumbrance is recorded or not. although such encumbrance be not recorded ELEMENTS: 1. That there must be express representation by the offender that the real property is free from encumbrance. PARAGRAPH 5. ENCUMBRANCE.

or (3) to execute a transfer of any property right. or any part thereof. is not applicable. for profit or gain. or by taking advantage of the credibility of the public in any other similar manner. By interpreting dreams.5. by making forecasts. • It is essential that there be a valid and subsisting chattel mortgage. without the consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds of the province where such property is located. 4. par. subdivision 1 (b). 2. (2) credit or (3)other personal property. If there is no fraud. By knowingly removing any personal property mortgaged under the Chattel Mortgage Law to any proving or city other than the one in which it was located at the time of execution of the mortgage. That the offender takes advantage of the inexperience or emotions or feeling of a minor. By defrauding or damaging another by any other deceit not mentioned in the preceding articles. Art. 2. by telling fortune. That the transaction is to the detriment of such minor. By selling or pledging personal property already pledged. Art. 316. administrators or assigns. That he induces such minor (1) to assume an obligation. mortgage. Art. is applicable. If the money in payment of a debt was delivered to a wrong person. 315. or (b) made before the cancellation of his bond. That he self. If the chattel mortgage does not contain an affidavit of good faith and is not registered. ELEMENTS: 1. mortgaging or encumbering real properties with which the offender guaranteed the fulfillment of his obligation as surety. 3. since a minor cannot convey real property without judicial authority. • Real property is not induced because it cannot be made to disappear. 2. It will seem that what constitutes estafa under this paragraph is the malicious failure to return the compensation wrongfully received. or (c)before being relieved from the obligation contracted by him. That such sale. known as solution indebiti under the Civil Code. mortgages. Art. it becomes payment not owing. 317: SWINDLING A MINOR ELEMENTS: 1. or encumbrance is (a) without express authority from the court. 319. with civil obligation to return the wrong payment. without the written consent of the mortgages or his executors. in case the person who received it later refused or failed to return it to the owner of the money.But this kind of estafa requires fraud as an important element. . 2. or (2) to give release. under the terms of the Chattel Mortgage Law. That he guaranteed the fulfillment of such obligation with his real property or properties. CHAPTER VII CHATTEL MORTGAGE ACTS PUNISHABLE: 1. 318: OTHER DECEITS 1. 3. in my other manner encumbers said real property. or. PARAGRAPH 6 – By selling. 4. That the consideration is (1) some loan of money. That the offender is a surety in a bond given in a criminal or civil action. it is void and cannot be the basis of a criminal prosecution under Art.

or any other thing and in common by the public. or to any achieve or registry. It is committed by damaging any railway. • If there is no malice in causing the damage< the obligation to repair or pay for damages is only civil. Spreading any infection or contagion among cattle. 328: SPECIAL CAUSES OF MALICIOUS MISCHIEF or QUALIFIED MALICIOUS MISCHIEF: 1. That the offender deliberately caused damage to the property of another. he is discovered by another who chases him away. ascendants and descendants. 2. Using any poisonous or corrosive substance. and 3. CHAPTER X EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY PERSONS EXEMPT: 1. Brothers and sisters and brothers-in-law and sisters-in-law. The offender should act under the impulse of a specific desire to inflict injury to another. If the chattel mortgage is not registered. CHAPTER IX MALICIOUS MISCHIEF MALICIUOS MISCHIEF ELEMENTS: 1. It is not necessary that the wood should be ablaze. promenade. 330: DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION 1. It cannot be committed through NEGLIGENCE. road. National Library. there is no violation of Article 139. That act of damaging another’s property be committed merely for the sake of damaging it. Art. or relatives by affinity in the same line. The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall passed into the possession or another. 2. CHAPTER VIII ARSON AND OTHER CRIMES INVOLVING DESTRUCTION ATTEMPTED ARSON When the offender is about to set fire to the rag full of gasoline beside the building. That such act does not constitute arson or other crimes involving destruction. were charring of the wood is sufficient. Spouses. collision and other accidents. CONSUMMATED ARSON If the fire had burned part of the building or whole of the building then it is in its consummated stage. 3. 4. Causing damage to obstruct the performance of public functions. Causing damage to the property of the National Museum. 3. • Article 2140 of the New Civil Code makes it indispensable that the document REGISTERED. . waterworks. a higher penalty shall be imposed. • Art.• The offender can be any person who shall knowingly remove the mortgaged personal property to another province or city without the WRITTEN CONSENT of the mortgage. 2. telegraph or telephone lines. if living together. If the damage shall result in any derailment of cars. • The exemption established shall not be applicable to strangers participating into the commission of the crime. 2.

334: CONCUBINAGE ELEMENTS 1. committed or caused mutually by those persons. but only CIVIL LIABILITY shall result from the commission of any said crimes. The property belongs to the deceased spouse. That he committed any of the following acts: a. because the requirement that both he the offenders should be included in the complaint is absolute only when the two offenders are alive • Proceedings must continue despite death of the offended party • Effect of pardon: Art. Art. Applies to common-law spouses Concubine a paramour within the form “spouse”. ESTAFA OR MALICIOUS MISCHIEF. 344 require that1.by having sexual intercourse. It has not passed into the possession of a third person. Both the offenders must be pardoned by the offended party. under scandalous circumstances with a woman . • Stepfather. Swindling (Estafa) 3. she must know him to be married ADULTERY . adapted father. natural children. • Death of paramour will not bar the prosecution against the unfaithful wife. and 2. Having sexual intercourse under scandalous circumstances with a woman who is not his wife c. That the woman is married 2. That the man must be married 2.Cohabiting with her in any other place 3. and 2. IT IS REQUIRED THAT: 1. THE WIDOWED SPOUSE WHO COMMITS THEFT. That as regard the man with whom she has sexual intercourse. or . he must know her to be married. The pardon must come before the institution of the criminal prosecution. CRIMES INVOLVED: 1. An adopted or natural child is included in the form “relatives”. 333: ADULTERY ELEMENTS 1. Keeping a mistress in a conjugal dwelling b. the husband cannot file a complaint against his wife for having adulterous relationship.husband keeping the mistress in the conjugal dwelling.A single act of sexual intercourse by a married woman is enough. • • • • • Stepfather and stepmother are included as a ascendants by affinity.1411 of the Civil Code. The concept of pari delicto is not present in the Revised Penal Code but only in Art. That she has sexual intercourse with a man not her husband 3.• The reason for exemption from criminal liability is that the law recognizes the presumed co-ownership of the property between the offender and the offended party. CONCUBINAGE Prove the ff: . concubine and paramour are INCLUDED. Will the Doctrine of in pari delicto applicable in adultery? In the Guinucud case where the husband agreed with the wife that they live separately and free to marry other persons. Theft 2. Malicious Mischief No criminal. As regards the woman. TITLE XI CRIMES AGAINST CHASTITY Art. TO BE EXCEPT FROM CRIMINAL LIABILITY.

offender is any person in public authority. teacher or any person entrusted with the education of custody of the woman seduced. That there is abuse of authority. 3. . that she must be over 12 and under 18 years of age. or descendant regardless of her age or reputation Elements of qualified seduction of a virgin: 1. single. . 336: Acts of Lasciviousness ELEMENTS: 1. Art. the victim may be over 18.. Seduction of a sister by her brother. That she must be of good reputation. • Adultery is more severely punished than concubinage because adultery makes possible the introduction of another man’s blood into the family so that the offended husband may have another man’s son bearing his (husband’s) name and receiving support from him. that the offender had sexual intercourse with her.The age is less than 12 (statutory). That it is done under any of the following circumstances: a. Art. etc. such as. or widow.When the offender is the brother or an ascendant. RAPE . When the offended party is another person of either sex Chapter III Art. When the offended party is deprived of reason or otherwise unconscious.by cohabiting with her in any other place. That it is committed by means of deceit QUALIFIED SEDUCTION . priest. guardian.Offender may be any person.a woman may no longer be a virgin or a widow and deceit employed is the very factor that persuaded the woman to yield. That the offender has sexual intercourse with her. or c. 2. which is presumed if she is unmarried and of good reputation. 3. That the offended party is over 12 and under 18 years of age 2. . . house servant. confidence. or relationship on the part of the offender.Complaint from the offended spouse is necessary. and 2.who is not his wife. domestic. 338: Simple Seduction Elements: 1. . the age and reputation of the girl is not material. . or b. a person in authority. priest. By using force or intimidation. and 4. widow of good reputation. Seduction of a virgin over 12 years and under 18 years of age by certain persons.The woman is single. . 4.The victim is always over 12 but under 18. 337: Qualified Seduction TWO CLASSES: 1. That the offender commits any act of lasciviousness or lewdness 2. teacher. SIMPLE SEDUCTION . SEDUCTION -the girl maybe more than 12 but less than . -Complaint from the offended spouse is necessary.the woman is virgin (morally) . offended party is a virgin.Each act of sexual intercourse is a single count of adultery.

340: Corruption of Minors Committed by one who promotes or facilitates the prostitution or corruption of minor in order to satisfy the lust of another and not the corruptor’s own lust. 342: Consented Abduction . Giving monetary consideration. e. Elements Forcible Abduction with Rape: 1. b. 341: White Slave Trade Acts penalized: 1. there is force and intimidation. CHAPTER IV ABDUCTION Art. that the person abducted is any woman. facilitate or induce child prostitution which include. are punishable. 4. It signifies that form of immorality which has relation to moral impurity. acting as procurer of a child prostitute. Sexual intercourse is not an element of abduction. The law presumes that the abduction is against her will. 18 and the crime is by means of cajolery. it is enough that that the woman is taken against her will with lewd designs. Attempt to commit child prostitution. d. one carried in a wanton manner.. Those who derive profit or advantage therefrom. Enlisting the services of women for the purpose of prostitution In relation to RA 7160-Child Abuse Law the ff. Threatening or using violence towards a child to engage him as a prostitute. lascivious. Virginity. Sexual intercourse is not necessary in forcible abduction Art. Engaging in the business of prostitution 2.In qualified seduction: the girl must be a virgin. lustful. Art. civil status or reputation. but are not limited to the following: a.e. 2. 1. Those commit act of sexual intercourse or lascivious conduct with a child exploited in prostitution. the crime is always forcible abduction with or without the consent of the child. that the woman does not have sexual experience. or the girl may or may not be a virgin. goods or other pecuniary benefit to a child with the intent to engage such child in prostitution. regardless of her age. Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means.or if 12 but less than 18. 342: Forcible abduction Abduction of any woman against her will with lewd designs. Only when the rape is consummated can the complex crime of forcible abduction with rape be committed or if the taking of the woman amounts to forcible abduction and thereafter she was abused. c. that the abduction is against her will. Taking advantage of influence or relationship to procure a child as prostitute. lewd design. 3.obscene. that the abduction is with lewd design. . 2. Art. lecherous. Profiting by prostitution 3. • • • Where the girl is under 12. Promote. i. and 3.is not physical but moral.

The offender conceals or abandons such child. 347: Simulation of Birth • • • Takes place when the women pretends to be pregnant when in fact she is not and on the day of the supposed delivery takes the child of another as her own. That the offended party must be a virgin 2. The child must be legitimate 2. substitution of one child for another. Fact that the child will be benefited by the simulation of its birth is not a defense. .e. 347 1. Civil Status – • Includes one’s public station or the rights. • Object of the crime under Art. i. 347 as leaving the child a public place where other people may find it. The simulation which is a crime is that which alters the civil status of a person.The gravamen of the crime is the alarm and disturbance to the parents and the family of the victim and the infringement of their rights. The offender has the intent to cause such child to lose its civil status. Concealing a legitimate child before the purpose of causing it to lose its civil status. • • Abandonment of a child should be understood under Art. An exception would be marriage under the antirape law. duties. pardon must be given before the prosecution of the crime. after solicitation or cajolery from the offender 4. and 3. usurpation of a profession. • In rape cases the pardon must be granted not only by the parents of the offended but also the offended herself. Title Twelve Crimes against Civil State of Persons Simulation of births. and causing the child lose it civil status. and concealment or abandonment of a legitimate child. Concealing or abandoning any legitimate child Requisites: 1. That the taking away of the offended party must be with lewd design CONSENTED ABDUCTION . SEDUCTION . Acts Punished under Art. When should pardon be given by the offended party? To be effective. Liability of Physician or Surgeon A physician or surgeon or public officer. The civil liability shall be extinguished by express waiver of the offended. 347 is the creation of false or causing of the loss of civil status.The gravamen of the offense is the wrong done to the woman. Substitution of one child for another 3. Concealing or abandoning any legitimate child with intent to cause such child to lose into civil status. is also liable if he acts in violation of the duties of his profession. That she must be over 12 and under 18 years of age 3. Simulation of births 2. That the taking away of the offended party must be with her consent. • There must be intent to enjoy the right arising from the civil status of another. Art. capabilities and incapability which determine a person to a given class. What are the effects of pardon by the offended party? It does not extinguish criminal liability.Elements: 1. who cooperates in the executive of any of these crimes. 348: Usurpation of Civil Status Usurping the civil status of another is committed by assuming the filiations or the parental or conjugal rights of another. Art.

that the offender has been legally married 2. that the marriage has not been dissolved or. The offense is committed not only against the first and second wife but also against the state. 349: BIGAMY Elements: 1. not a defense in bigamy charge The Supreme Court held that there is need of a judicial declaration of the fact that the marriage of a person is void before that person can marry again. her marriage having been annulled or dissolved. A judicial declaration of the nullity of a marriage Ab Initio is now required. • Nullity of first marriage. that he contracts a second marriage or subsequent marriage. (Wiegel vs. 2. Sempio-Diy) 143 SCSS 499 • • The second marriage must have all the essential requisites for validity Validity of second marriage is a prejudicial question to liability for bigamy. Bigamy not a private offense: the crime of bigamy does not fall within the category of private crimes that can be prosecuted only at the instance of the offended party. Art. intimidation or fraud. 4. as well as the person who vouched for the capacity of either of the contracting parties. The marriage does not constitute bigamy. Failure to exercise due diligence to ascertain the whereabouts of the first wife is bigamy through reckless Imprudence. that the second or subsequent marriage has all the essential requisites for validity. Good faith is a defense in Bigamy. a woman who. the absent spouse could not yet presumed dead according to the civil code. that the offender contracted marriage 2.• The Purpose of defrauding the offended party or his heirs qualifies the crime. 350: MARRIAGE CONTRACTED AGAINST PROVISION OF LAWS Elements: 1. 3. Marriage is solemnized by a minister/priest who does not have the required authority to solemnize marriage. • A person convicted of bigamy may still be prosecuted for concubinage. 351: PREMATURE MARRIAGES Persons liable for Premature Marriage 1. Chapter Two Illegal Marriages Art. • Period may be disregarded if the first husband was impotent or sterile. otherwise the second marriage be void. . married before delivery or before expiration of the period of 301 days after the date of legal separation. in case of his or her spouse is absent. The second spouse who knows of the first marriage is an accomplice. or before having delivered if she is pregnant at the time of his death. A widow who married within 301 days from the date of the death of her husband. • • • • • Art. b) the marriage was in disregard of a legal impediment 2. that he knew at the time that a) the requirements of the law were not complied with or Ex. • qualifying Circumstance: Is either of the contracting parties obtains the consent of the other by means violence.

3. without any comments or remarks. 4. That the imputation must tend to cause dishonor. The defamatory remarks directed at a group of persons are not actionable unless the statements are all-embracing or sufficiently specific for the victim to be identifiable. When a person in an article imputes upon the person mentioned therein. ELEMENTS of Defamation: 1. omission. 1. 4. But the publication need not refer by name to the offended party. it must be shown that at least a third person or a stranger was able to identify him as the object of the defamatory statement. for a man’s reputation is the estimate in which others hold him. or ministers of any religious denomination or sect or civil authorities who shall perform or authorize any legal marriage ceremony. Instances where defamatory statement is a defense 1. It is sufficient if it is shown that the offended party is the person meant or alluded to therein. THERE IS NO CRIME IF THE IMPUTATION IS NOT PUBLISHED. 352: PERFORMANCE OF ILLEGAL MARRIGE CEREMONY • • Priest. status or circumstance tending to cause the dishonor. 177 for usurpation of authority. made in good faith. A private communication made by any person to another in the performance of any legal. lascivious and immoral habits. discredit or contempt of the person defamed. That there must be an imputation of a crime. 5. That the imputation must be made publicly. or any act. that article is of a libelous nature as it tends to discredit the persons libeled in the minds of those reading the article. or any act. How are the elements of publication and identification satisfied? There is publication if the material is communicated to a third person. or of a vice or defect. or one who is dead. 2. Writing a letter to another person other than the person defamed is sufficient to constitute publication. real or imaginary. 3. discredit or contempt of a natural or juridical person. condition. A fair and true report. What is important is that a third person has read or heard of the libelous statement. 5. 2. As regards identification. It is not required that the person defamed has read or heard about the libelous remark. definition • Is a public and malicious imputation of a crime or of a vice or defect real or imaginary. Title Thirteen CRIMES AGAINST HONOR Chapter One Libel Libel. of any judicial. That the imputation must be directed at a natural or juridical person. 6. prohibition is good only up to time of delivery.• Period of 301 days is important only for cases where the woman is not pregnant of without knowledge of such pregnancy. omission. not the good opinion which he has in himself. Offender must be authorized to solemnize marriages. If the woman is pregnant. otherwise he is liable under Art. legislative or any other official proceedings which are not of . Publication is the communication of the defamatory matter to some third person or persons. 2. or to blacken the memory of one who is dead. That it must be malicious. for the person to whom the letter is addressed is a third person in relation to its writer and the person defamed therein. condition. Art. moral or security duty. status or circumstance.

oral defamation KINDS: 1. By threatening another to publish a libel concerning him. printing. lithography. theatrical exhibition. • This provision constitutes the so-called Gag Law. TEST TO DETERMINE WHETHER WORDS USED ARE LIBELOUS If they tend to induce hearers to suppose and understand that persons against whom they were uttered was guilty of certain offenses. cinematographic exhibition. the circumstances under which the act was committed. The personal relations of the accused and the offended party 3.confidential nature. virtue and reputation of said person. Art. any similar means. or are sufficient to impeach his honesty. offender is a reporter. It is possible in light threats under Art. or other members of his family. 3. 5. no liability can attach if it relates to official conduct. 359: Slander by Deed ELEMENTS: 1. engraving. or offering to prevent the publication of libel for compensation. or 2. Simple slander 2. virtue or reputation. The circumstances surrounding the case 4. Such facts are offensive to the honor. and threatening to publish. and 3. • The commission of this crime depends upon the social standing of the offended party. 9. Art. 2. child. 356. editor or manager of a newspaper. 283. Rule of Actual Malice This rule states that even if the defamatory statement is false. phonograph. discredit or contempt upon the offended party. 2. 2. offender performs any act not included in any other crime against. 8. Grave Slander. such act is performed in the presence of other person or person or persons. Such act casts dishonor. when it is of a serious and insulting nature Factors that determine the gravity of oral defamation: 1. Persons responsible for libel are: . 356: Threatening to Publish and Offer to Prevent such Publication for a Compensation ACTS PUNISHED: 1. Social standing and the position of the offended party Art. 7. or of any other act performed by public officers in the exercise of their function. or his parents. Art. writing. unless the public official concerned proves that the statement was made with actual malice. or to hold him up to public ridicule.is defined as any unlawful extortion of money by threats of accusation or exposure. or of any statement. with knowledge that it was false or with reckless disregard of whether it was false or not. Blackmail. painting. 6. that is. report of speech delivered in said proceedings. spouse. 358: Slander. radio. 10. the occasion and others. Expression used 2. Libel By Means of Writings or Similar Means Committed by means of the following: 1. he publishes facts connected with private life of another. and 3. By offering to prevent the publication of such libel for compensation or money consideration. daily or magazine. 4. under Art. 357: Prohibited Publication of Acts Referred To In The Course Of Official Proceedings ELEMENTS: 1.

The author or editor of a book or pamphlet 3. the court is given the discretion to impose the penalty of imprisonment or fine or both for the crime of libel. 7691 to inferior courts cannot be applied to libel cases. Hence. 2. and defamation by overt acts or slander by deed.is the giving of false statement under oath or the making of a false affidavit. Complete liberty to comment on the conduct of public men is . The owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its publication Chapter Two Incriminatory Machinations Art. committed by any person. and 3. May the court impose a penalty of fine instead of imprisonment? Yes. 364: intriguing Against Honor ELEMENTS: 1. Purpose is to blemish honor or reputation of another person.the gravamen of the offense is the imputation itself. The offender must prove the existence of malice in order to hold the offender criminally and civilly liable. • In cases of planted evidence. written defamation or libel. falsely made. The editor or business manager of a daily newspaper magazine or serial publication 4. the expanded jurisdiction conferred by R. Such act does not constitute perjury. 2.is limited to the act of planting evidence and the like. before an officer . and 3. exhibits or causes the publication or exhibition of any defamation in writing or similar means 2. and the like which do not in themselves constitute false prosecutions but tend directly to cause false prosecution PERJURY BY MAKING FALSE ACCUSATION . When is truth a defense in defamation? The interest of society and the maintenance of a good government demand a full discussion of public affairs. The person who publishes. imputing to a person the commission of a crime INCRIMINATING INNOCENT PERSON . the complainant here does not have to prove the existence because it is presumed by law. Humanitarian reasons as held in Torralba v. Malice in fact It is malice which the complainant has to prove to exist. hence.committed by performing an act by which the offender directly incriminates o imputes to an innocent person the commission of a crime . such person makes any intrigue. Malice in law It is malice which the law presumes to be present where the offender cannot establish justifiable reasons or good motives therefore. Under. that by such act he directly incriminates or imputes to an innocent person the commission of a crime. offender performs an act. CA 1996. What are the different crimes of defamation? They are the oral defamation or slander. in order to incriminate an innocent person Art. 363: Incriminating Innocent Person ELEMENTS: 1. Article 355. What court has jurisdiction in libel cases? The Regional Trial Court have the exclusive jurisdiction over libel cases.A.1.

Simple Imprudence ELEMENTS: 1. Causing through simple imprudence or negligence some wrong which if done maliciously. and c. deficiency of perception 2.a scalpel in the case of free speech. Causing damage to the property of another through reckless imprudence or negligence. taking into consideration: a. Who is a public figure? One who by his accomplishments. He is in other words a celebrity. Imputation against a public officer and the same relates to his public function. his affairs and his character has become a public personage.(art. his employment or occupation. the doing of or failure to do the act is voluntary. offender does or fails to do an act. 4. lack of precaution on the part of the offender. deficiency of action 2. it is not necessarily actionable. Exceptions: 1. 365: Imprudence and Negligence Punishable Quasi-offenses 1. The Doctrine of Fair Comment means that while in general every discernible imputation publicly made is deemed false. Reckless Imprudence ELEMENTS: 1. because every man is presumed innocent until his guilt is judicially proved. and 2. May evidence proving the truthfulness of the imputation be received? No. failure in advertence Simple Imprudence . Truth alone is not enough. par. and every false imputation is directed against a public person in his public capacity. the accused must show that he acted out of good motives and justifiable end. b. would have constituted a light felony. or by adopting a profession or calling which gives the public a legitimate interest in his doings. failure of precaution Reckless Imprudence Negligence 1. would constitute a grave or less grave felony or light felony. that it be without malice. 2. Imputation of crime against any person. in some cases truth is not a defense at all. par. (Art. Evidence proving the imputation is objectionable because such is inadmissible. the wound can be assuaged with the balm of a clear conscience. the damage impending to be cause used is not immediate or danger is not clearly manifest. other circumstances regarding persons. Committing through reckless imprudence any act which. Imprudence 1. had it been intentional. Title Fourteen QUASI-OFFENSES Art. 361. 361. fame. physical condition. that material damage results. degree of intelligence. 4. Committing through simple imprudence or negligence an act which would otherwise constitute a grave or less serious felony. time and place.2b) The offended may adduce evidence of the truth of such imputation. 2. What is the nature of fair commentaries on matters of public interest? They are privileged and constitute a valid defense in an action for slander or libel. there is inexcusable lack of precaution on the part of the offender. 3. and 5.2a)But the mere fact that the truth is proved. 2. mode of living. 3. Men in public life may suffer under a hostile and unjust accusation.

person and place Such inexcusable negligence material damage to another. • results in It consists of the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate or the danger clearly manifests Since this is the mode of incurring criminal liability. physical condition and other circumstances regarding time. physical injuries in one information for the slight physical injuries.It is the inexcusable lack of precaution of a person taking into consideration his employment or occupation. . if there is only one carelessness. serious physical injuries and slight physical injuries do not join only the homicide. NOTE: Do not separate the accusation from the slight physical injuries from the other material result of the negligence. even if the negligence may bring about resulting injuries which are slight. If you split the criminal negligence. degree of intelligence. even if there are several results. So there would only be one information to be filed. • Illustration: If the criminal negligence resulted in homicide. You are not complexing slight when you join it in the same information. the accused may only be prosecuted under one count for criminal negligence. It is just that you are not splitting the criminal negligence because the real basis of the criminal liability is the negligence. then double jeopardy will arise.

giving him aid or comfort There are only two ways of proving treason: a) testimony of 2 witnesses.SUMMARY OF BOOK TWO Treason (134) Crime against National Security Can only be committed in times of war Maybe committed by mere adherence to the enemy. at least. to the same overt act Rebellion (134) Crime against Public Order Maybe committed in times of peace Always involves taking up of arms against the government Sedition (139) Crime against Public Order Subversion (PD 885) Special Law Direct Assault 1st part (148) Crime against Public Order b) confession of the accused in open court There is a public uprising but there must be taking up of arms against the government There is a public uprising but it is sufficient that such is tumultuous Punishes mere affiliation or membership in a subversive organization Offender employs force or intimidation to attain any of the purposes of rebellion or sedition but with NO public uprising Violation by a subject of his allegiance to his sovereign or the Raising of commotion or disturbances in the State .

. interruption and dissolution of peaceful meetings (131) Maybe committed only by public officers and employees who are acting as such (BUT private individuals who conspire with public officers are guilty of this Disturbance of public order (1530 Committed by private individuals or public officers and employees acting in their private capacity. Chapter 1) There is intent to gain The manner of committing the crime is through violence against or intimidation of persons or force upon things The offender is a member of the complement or a passenger of the vessel Arbitrary Detention (124) and Delay in the delivery of detained persons to the proper judicial authorities (125) Maybe committed only by public officers and employees who are acting as such (BUT private individuals who conspire with public officers are guilty of this crime) Illegal Detention (267 & 268) Committed by private individuals or public officers and employees acting in their private capacity Violation of Domicile (128 – 130) Maybe committed only by public officers and employees who re acting as such (BUT private individuals who conspire with public officers are guilty of this crime) Trespass to dwelling (280) Committed by private individuals or public officers and employees acting in their private capacity Prohibition.Supreme Authority the State of Piracy (122) There is intent to gain The manner of committing the crime is through violence against or intimidation of persons or force upon things The offender is an outsider Robbery on the High Seas (Title X.

sedition or direct assault. whether in a fixed place or moving That the audience is incited to the commission of the crime of treason. the founders. whether in a fixed place or moving It doesn’t matter whether the audience is armed or not That the audience is incited to the commission of the crime of treason. organizers or leaders of the meeting b. sedition or direct assault Illegal Assembly (146) There is an actual meeting or assembly Meeting and attendance at such meeting is punished The persons liable are: a. a gathering or group of persons. a gathering or group of persons.crime) 1st way of committing the crime of Illegal Assembly (146) That there is a meeting. directors and president 2. whether in a fixed place or moving That the meeting is attended by armed persons That the purpose is to commit any of the crimes punishable under the RPC 2nd way of committing the crime of Illegal Assembly (146) That there is a meeting. the members . a gathering or group of persons. rebellion or insurrection. rebellion or insurrection. persons present at the meeting Illegal Association (147) It is not necessary that there be an actual meeting The act of forming or organizing and membership in the association is punished The persons liable are: 1. Illegal Assembly (146) There is an actual meeting or assembly Meeting and attendance at such meeting is punished That the purpose is to commit any of the crimes punishable under the RPC Illegal Association (147) It is not necessary that there be an actual meeting That there is a meeting.

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by attacking. by employing force or by seriously intimidating or be seriously resisting any person in authority or any of his agents. or b) he is assaulted by reason of the past performance of official duties The employed serious resistance must be Resistance & Serious Disobedience (151. It need not be serious when the offended party is a person in authority The person in authority or his agent can either be: a)engaged in the actual performance of official duties.1) No force is employed in resisting or disobeying Simple Disobedie nce (151. 2) The offended party is a person who comes to the aid of a person in authority or his agent The offended party is a person in authority or his agent The offended party is a person in authority or his agent.Direct Assault (148) Indirect Assault (149) Committed only when a direct assault is also committed There are 2 ways of committing direct assault. by employing force or intimidation for the attainment of the purposes of rebellion and sedition b) with out public uprising. a) without public uprising. the offended party is a person in authority or his agent The force employed of the agent of a person in authority must be serious. The person in authority must be in the actual performance of his official duties The person in authority must be in the actual performan ce of his official duties or gives a lawful order thereof The resistance here is not serious . par. par. or on the occasion of such performance In the 2nd form of Direct Assault. while engaged in the performance of official duties.

board or commission. is charged with the maintenance of public order and the protection and security of life and property.1) Disturbance of Public Order (153) Crime against Public Order The disturbance must be serious in nature Crime against Public Morals The discharge of firearm is aimed at a person but without intent to kill That the highly scandalous conduct is NOT expressly falling with any other article in the Code Delivering Persons from jail (156) The officer removes or helps in the Evasion of Service of Sentence (157) The offender is the prisoner Conniving with or consenting to evasion (223) The offender is a public officer Evasion through negligence (224) The offender is a public officer .4) The discharge of the firearm should NOT be aimed at a person (par. and any person who comes to the aid of persons in authority Grave (200) Scandal Discharge of Firearm (254) Crime against Public Persons Alarms and Scandals (155) Crime against Public Order The disturbance must NOT be serious in nature (par.Person in authority Any person directly vested with jurisdiction. shall be deemed a person in authority Agent of a person in authority One who. by direct provision of law or by election or by appointment by competent authority. whether as an individual or as a member of some court or governmental corporation.

estafa. 14. par. par. 14. 9) It is enough that a final judgment has been rendered in the 1st offense Requires that the offenses be included in the same title of the Code Serves to increase the penalty into its maximum No period of time between the former conviction and the last conviction is fixed by law Ordinary mitigating circumstance which can be offset by a mitigating circumstance Reiteracion (Art. 5) The accused must be found guilty the 34d time or oftener of any of the crimes specified below Only the crimes of robbery. theft. 62. par. falsification and physical injuries are taken into consideration An additional penalty is also imposed Quasirecidivism (Art. 160) The accused are yet to serve or are serving their sentences at the time of the commission of the crime Previous and subsequent offenses do not need to be embraced in the same title of the Code Punished by the maximum penalty prescribed by law for the new felony Period of the commission must be before serving out the sentence or during the service of such sentence Special aggravating circumstance which cannot be offset by a mitigating circumstance Offender is found guilty of any of the crimes specified within 10 years from his last release or last conviction Special aggravating circumstance which cannot be offset by a mitigating circumstance .escape of a prisoner The prisoner may be a detention prisoner or a prisoner by final judgment The prisoner must be a convict by final judgment The prisoner may be a detention prisoner or a prisoner by final judgment The public officer was in connivance with the prisoner The prisoner may be a detention prisoner or a prisoner by final judgment The prisoner escapes through the public officer’s negligence Recidivism (Art. 10) It is necessary that the offender shall have served out his sentence for the 1st offense Previous and subsequent offenses must not be embraced in the same title of the Code Serves to increase the penalty into its maximum No period of time between the former conviction and the last conviction is fixed by law Ordinary mitigating circumstance which can be offset by a mitigating circumstance Multirecidivism or Habitual Delinquency (Art.

the offender connived with the counterfeiters or importers Mutilation of coins and importation and utterance of mutilated coins (164) The coin must be of “legal tender” and does not include foreign coins There is connivance with the mutilator or importer in case of uttering Selling of false or mutilated coins without connivance (165) The coin must be “legal tender” There is no connivance but there is knowledge that the coin is false .Making. importing and uttering false coins (163) The coin uttered (passed) maybe currency of a foreign country or that which has been withdrawn from circulation In case of uttering.

g. estafa. official or commercial document Offender falsifies private document a The falsification must cause damage or at least there was an intent to cause damage NOTE: If falsification is committed as a means to commit other crimes (e. this applies only to public.Falsification of legislative documents (170) Falsification by public officer.10 The offender is a private individual or a public officer or employee who does not take advantage of his position The offender is any person Falsification by private individuals and use of falsified documents (172. theft or malversation) the 2 crimes form a complex crime. par. HOWEVER. par. official or commercial documents. Damage or intent to cause damage is NOT necessary . employee or notary public who takes advantage of his official position (in case the offender is an ecclesiastical minister. employee or notary or ecclesiastical minister (171) The offender is a public officer. There is no complex crime when it is a private document because damage or intent to cause it is an essential element.2) The offender is any person Offender alters a legislative document and such alteration changes the meaning of the document Offender falsifies a public. the falsification affects the civil status of a person) Offender falsifies a public or official document Falsification by private individuals and use of falsified documents (172.

par. par.a) The purpose is to cause damage False testimony in a criminal case favorabel to the defendant (181) There is a criminal proceeding False testesmo nies in civil cases (182) False testimon y in other cases and perjury (183) The testimony is under oath but NOT in a judicial proceedin g Offering false testimony in evidence (184) There is a criminal proceeding The testimony is given in a civil case There is judicial proceeding a Defendant must be sentenced at last to a correctional penalty. a fine or must acquitted Conviction or acquittal of the defendant is NOT necessary. presented him and the latter testified falsely .Using fictitious name (178. par. evade an execution of a judgment or cause damaged to public interest False testimony in a criminal case against defendant (180) Concealing true name (178. subdivision2.2) Element of publicity need not be present Element of publicity need not be present the purpose is merely conceal one’s identity Estafa ()315. 1) Element of publicity must be present The purpose is to counsel a crime. it is sufficient that the defendant is prosecuted for a felony Offender knows the falsity of the witness.

WITHOUT INDUCEMENT. If there is inducement, Arts. 180 – 183 in relation to Art. 7 par.2 will apply Infringement of Trademarks (188) Limited range, so one who fails to establish the exclusive property right which is essential to the validity of a trademark, may yet obtain relief on the ground of unfair competition The offended party here has identified peculiar symbol or mark with his goods and thereby has acquired a property right in such symbol or mark Offender was the trademark or trade name of another manufacturer or dealer and sells his goods on which on which the trademark is affixed Unfair competition (189) Broader and more inclusive

The offended party has identified in the mind of the public the goods he manufactures are deals in from those of others, whether or not a mark or trade name is employed, and has a property manufacturer or dealer and sells the same. Offender gives his good the general appearance of the goods of another manufacturer or cleanser and sells the same.

Knowingly rendering unjust judgement (204) Offender is a judge The judgmental is unjust and that judge knows that it is unjust

Judgment rendered through negligence (205) Offender is a judge The judgment is manifested unjust and due to his inexcusable negligence or ignorance

Unjust interlocutory order (206) Offender is a judge He knowingly rendered an unjust interlocutory order or rendered one manifestly unjust through in excusable negligence of ignorance

Malicious delay in the administration of justice (207) Offen0der is a judge The delay is caused with deliberate with intent to inflict damage on either party

Direct (210)

Bribery

Indirect Bribery (211) No agreement

Anti-Graft and Corrupt Practices Act (RA 3019)

Agreement between the officer and the giver of the gift or present Offender agrees to perform or performs act or refrains from doing something because of the gift to promise

It is not necessary that the officer should do any particular act or even promise to do an act as it is enough that he accepts gifts offered to him by reason of his office

In par. (a), it is NOT required that there is a requesting or receiving of any gift, present or benefit. In par. (b), the public officer requesting or receiving has to intervene under the law in any contract or transaction between the government and any other party. In par. (c), the public officer requesting or receiving is in connection with securing or obtaining a government permit or license.

Under the 2nd paragraph of Art. 210, the act executed must be unjust

The act here is not unjust

Prohibited transactions (215) Offender is an appointive public officer

Possession of prohibited interest by a public officer (216) Offender is a public officer who has an official duty to intervene in the contract or business

Anti-Graft and Corrupt Practices Act (RA 3019, par. g and h) Any public officer

He becomes interested, directly or indirectly, or any transaction exchange of speculation

He is directly or indirectly interested in any contract or business in which it was his official duty to intervene

In par. (g) the pubic officer enters into ANY transaction manifestly and grossly disadvantageous

Anti-Graft and Corruption Practices Act (RA 3019, par 1) Public appearance who is a member of a board, pane or group which exercises discretion in the approval of any transaction or act Directly or indirectly becoming interested, for personal again, or having material interest

to the government, weather or not the public officer will profit. In par. (h), the public officer directly or indirectly has financial or pecuniary interest in a business, contract or transaction which is prohibited by the constitutional any law

in any transaction or act requiring the approval of such board panel or group.

Malversatio n of public funds or property (217)

Failure of accountab le officer to render accounts (218) The public officer is required by law or reputation render accounts to the Commissio n on Adult, or to a provincial auditor and he fails to do so for a period of 2 such accounts render accounts to the Commissio n on Audit, or to a provincial auditor and he fails to

a) The public officer appropriat es public funds or property b) The public officer takes or misappropriat e a public funds of property c) The public officer consents or through abandon ment or negligenc e, permits any other person to take such

Failure of a responsible officer to render before leaving the country (219) The public officer has unlawfully left the Philippines without securing from cure from the commission on Audit a certificate showing that his accounts have finally settled without securing from Commission on Audit a certificate showing that his accounts have been finally settled.

Illegal use of public funds or property (220)

Failure to make delivery of public funds or property (221) Public officer MALICIOUSL Y Fail maliciously fails to make plan payment when he is under obligation make sure payment from government buy here refuses to make delivery even though ordered by competent authority to property o him payment when he is under obligation to make such

The public officer applied a public fund or property to a public use other than that for which such has been approach by law of ordinance to a public use other than that to which such has been appropriated by law or ordinance

or the refuses to make delivery even though ordered by competent authority to deliver in his custody administratio n Revelation of secrets by an officer (229) The secret affects public interest Damage interest is caused to public Public officer revealing secrets of private individuals (230) The secret is that of a private individual and public revelation is NOT required Damage is NOT necessary Usurpation of Usurpation of legislative powers executive functions (239) (240) Offender is an Offender is a judge executive or judicial officer a) makes a) assumes a power general rules or pertaining to the regulations executive authorities beyond the scope of his authority b) obstructs the executive authorities b) attem in the lawful exercise pts to repeal a of their powers law c) suspe nds the execution thereof Usurpation off judicial functions (241) Offender is an officer of the executive branch of the government a) assumes judicial powers b) obstructs the execution of any order or decision rendered by any judge within his jurisdiction Parricide (246) Death under exceptional Murder (248) Homicide (249) Infanticide (255) . do so for a period of 2 months after such accounts should be rendered payment from government funds in his possession.public funds or property d) The public officer is other wise guilty of the misapprop riation or malversati on of such funds or property.

Offender is ANY person The deceased is the father. mother. but he purpose must be to conceal her dishonor Intent to commit abortion Way commission: Any method of Intent to commit abortion Way commission: of u Intentional violence is The physician or midwife takes . or a legitimate other ascendant or other descendant. parricide or infanticide Offender is ANY person The decreased is a child which was less than 3 days of age Unintentional Abortion (257) Abortion practiced by the woman herself by her parents (258) The offender may be a) b) a pregnant woman The offender is NOT the pregnant woman The offender is NOT the pregnant woman Abortion practiced by a physician or midwife and dispensing of abortives (259) The offender must be a physician or midwife Intent to commit abortion Way of commission: a) sing NO intent to commit abortion Way commission: of any of her parents. with her consent. or the legitimate spouse of the accused Intentional Abortion (256) circumstance s (247) Offender is a legally married person or a parent The deceased or victim of serious physical injury is the spouse or daughter of the accused and his paramour Offender is ANY person The deceased was killed with the presence of qualifying aggravatin g circumstan ces Offender is ANY person The decrease was killing without me attendance of any of eh qualifying circumstance s of murder. or child whether legitimate or illegitimate.

or needs medical attendance for the same period of time The physical injuries must not be those a) Victim is incapacitated for labor from 1 9 days. without the consent of the pregnant woman c) a cting with the consent of the pregnant woman Mutilation (262) The mutilation of organs necessary for generation or any other part of the body must be for the purpose of depriving the victim of the part of his body exerted advantage of his or her scientific knowledge or skill Serious Physical Injuries (2630 The purpose is to inflict injury Less Serious Physical Injuries (265) The purpose is to inflict injury Slight Physical injuries and Maltreatment (266) The purpose is to inflict injury a) Vi ctim becomes insane. a hand. or required medical attendance during the same period b) Victim was not prevented form engaging in his habitual work or did not require medical b) . a foot. or a leg. or loses an eye.violence b) a cting without using violence. imbecile. or loses the use of any a) Victim is incapacitated for labor for 10 days or more (but not more than 30 days). impotent or blind b) Vi ctim loses the use of speech or the power to hear or to smell. an arm.

such member. (3) victim is the parent. or becomes incapacitated for the work in which he was therefore habitually engaged c) Vi ctim becomes deformed. or loses any other member of his body. or loses the use thereof. ascendant. guardian. (4) offended party is a person of rank or a person in authority provided the crime is NOT direct assault Physical Injuries Offender inflicts physical injuries Offender has not intent to kill the offended party Kidnapping and Serious Illegal Slightly Illegal Detention Attempted or Frustrated Homicide Attempted homicide may be committed even without physical injuries Offender has an intent to kill the offended party Unlawful Arrest (269) Kidnappi ng and Failure Slavery (272) . or becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days d) Vi ctim becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days described in the preceding articles attendance c) Victim was illtreated by deed without causing any injury c) Qualified less serious physical injuries (1) there is a manifest intent to insult or offend the inured person. (2) there are circumstance adding ignominy to the offense. curator or teacher of the offender.

or in any manner deprives the latter of his liberty Offender kidnaps or detains another. or in any manner deprives the latter of his liberty Purpose of the offender is to deliver him to the proper authorities Return a Minor (2700 Offender is entrusted with the custody of minor person Offender deliberat ely fails to restore the said minor to his parents or guardians Offender is ANY person The purpose is to enslave the victim The act detention kidnapping illegal of or is The arrest or detention is not authorized by law circumstances no reasonable ground thereof The following circumstance are present: a) it lasts for more than 3 days b) It is committed simulating public authority c) Any serious physical injuries are inflicted upon the victim or threats to kill him are made The circumstances in kidnapping and serious illegal detention is not present . or in any manner deprives the latter of his liberty The act of kidnapping is illegal Offender kidnaps or detains another.Detention (267) Offender is private individual a (268) Offender is private individual a Offender is ANY person Officer kidnaps or detains another.

kidnaps or detains a human being Purpose is to enslave Abandoning a minor (276) Custody of the offender is stated in general Minor is under 7 years of age Minor is abandoned in such a way as to deprive him of the care and protection that his tender years need White Slavery (341) Crime Against Chastity Offender either engages in the business of prostitution. female. or a public officer Slavery (272) Crime against Personal Liberty and Security Offender purchases. sells. Indifference of parents (277) Custody of the offender is specific. or enlists the series of women Purpose is for prostitution Abandoning a minor by a person entrusted with his custody. that is the custody for rearing or education of the minor Minor is under 21 years of age Minor is delivered to a public institution or other person . profits by it.d) Victim is a minor.

But it should be made in the heat of anger c) the threat is not subject to a condition but it must be deliberate . or properly or that of his family of any wrong Such wrong amounts to a crime Light Threats (283) Offender makes a threat to commit a wrong The wrong does not constitute a crime Other (285) Light Threats Acts: a) a demand for money and any condition is imposed even though not unlawful and the offender attains his purpose b) the offender does not attain his purpose Acts: a) a demand for money and any other condition is imposed even though not unlawful and the offender attains his purpose b) the offender does not be subject to a condition Threats under par.Grave Threats (282) Threatening another with infliction upon his person. 3 here is similar to light threats because the harm threatened to be committed is NOT a crime. for money or no condition is imposed or the threat is not deliberate Threats under par. But the difference is that here. there is no demand. 2 here is the same as the 3rd form of grave threats because the harm to be committed is a crime. honor.

agent or officer of any association or corporation which has employed employees Offender forces or compels. directly or indirectly. par. or knowingly permits to be forced or compelled any employee to purchase merchandise of any kind from the Offender employs violence or threats in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work .1) Offender is any person. par. 20 Offender pays the wages due an employee by means of tokens or objects other than legal tender The employee or laborer does not expressly request than the paid by means of tokens or objects Coercion affecting labor capital (289) Offender is ANY person Other similar coercion (288.Qualified trespass to dwelling (280) Offender is a private person Offender enters a dwelling house Place entered is inhabited The act constituting the crime is entering the dwelling against the will of the owner Prohibition to enter is express or implied Grave Coercion (286) Offender is any person that restrains the will and liberty of another and who has no authority or the right to do so Offender prevented another from doing something not prohibited by law or that he compelled him to do something against his will be it right or wrong Light Coercion (287) Offender is a creditor who seizes anything belonging to his debtor Other forms of trespass (281) Offender is ANY person Offender enters closed premises or fenced estate Place entered is uninhabited The act is entering the closed premises or the fenced estate without securing the permission of the owner or caretaker thereof Prohibition to enter must be manifest Other similar coercion (288.

execute or deliver the document under the law.corporation The prevention or compulsion be effected by violence. threats or intimidation The seizure of the thing be accomplish ed by means of violence or a display of material force producing intimidatio n Purpose of the offender is to apply the same to the payment of the debt Purpose is to organize. strike of laborers or lockout of employers Maltreatment of Prisoners (235) Execution of Deeds by means of Violence or Intimidation (298) Offender has an intent to defraud another Offended party is NOT under obligation to sign. maintain or prevent coalitions of capital or labor. but the offender makes him thorough violence or intimidation Grave Coercion (286) Illegal Detention (267) Offender may have any other purpose Offended is ANY person The purpose of the offender is clear and it is deprivation of liberty The offender is a public officer who must have actual charge of the prisoner Offended party is a prisoner Discovering secrets through seizure of correspondence (290) Offender is a private Revealing secrets with abuse confidence (291) Offender is Revealing of industrial secrets (292) of a Offender is a person in- .

employee servant or charge employee or workman of a manufacturing or industrial establishment Offender learns the secrets of his principal or master in such a capacity Offender reveals such secrets Offender reveals a secret of the industry and prejudice is caused to the owner Theft (308-311) Taking of personal property belonging to another with intent to gain and without the latter’s consent Robbery (294-305) Taking of personal property belonging to another with intent to gain by means of: Violence against or intimidation of persons If this is employed. wardrobes. chests. that is. NOT immediate c) Intimidation may be .individual or even a public officer NOT in the exercise of his official function Offender seizes the papers or letters of another for the purpose of discovering the secrets of such person Offender is informed of the contents of the papers or letters signed manager. the taking of personal property belonging to another is always robbery Force upon things The taking is robbery ONLY if the force is used either to enter the building or to break doors. or any other kind of locked or sealed furniture or receptacle inside the building or to force them open outside after taking the same from the building Value of the property taken is considered Value of the property taken is immaterial Robbery (294 – 305) With Homicide (294): Intent to gain is the main purpose Thru Intimidation (294): a) There is intimidation and the purpose is to obtain gain b) Intimidation actual and immediate c) personal Intimidation is is Distinguished from other crimes Homicide (249): To kill is the main purpose Threats to extort money (282): a) There is intimidation and the purpose is to obtain gain b) Intimidation is conditional or future.

honor or property of the offended party or that of his family Gain of the culprit is NOT intent to gain Grave Coercion (280): a) There is violence used by the offender e) With Violence(294): a) There is violence used by the offender b) gain There is intent to b) gain There is NO intent to Robbery (294 – 305) When the victim did not commit a crime and he is intimidated with arrest and/or prosecution to deprive him of his personal liberty Victim is deprived of his money or property by force or intimidation Bribery (210) When the victim has committed a crime and gives money or gifts to avoid arrest or prosecution Victim pats with his property “voluntarily” money or Robbery with force upon things (299 – 305) If a false key is used to enter a building.made through an intermediary d) Intimidation is directed only to the person of the victim e) Gain of the culprit is immediate d) Intimidation may refer to any person. Theft (308 – 311) A locked receptacle is found on the side street and forcibly opened and the contents thereof taken . locked receptacle or drawer is broken to get a property inside Robbery with force upon things (299 – 305) The locked or sealed receptacle is forced open in the building where it is kept or taken therefrom to be broken outside Estafa (315) A person opens by force certain locked receptacle which has been confided into his custody and takes the money contained therein. then it is only theft. But if the room opened is a separate dwelling place. locked receptacle or drawer. it is robbery Theft (308 – 311) If the false key or picklock was used to open a door inside the building. it may give rise to robbery If a false key is used to open a wardrobe. it is merely theft. It is robbery when a wardrobe.

and destruction. and someone is someone is killed in someone is killed in the killed in the the process. this the usurpation killing another. and killed. 3 ng circumsta nce in accordance with Art. but there was no intent no intent to kill. 3 When the When the crime When the crime crime committed is one committed is one committed is involving involving derailment of a Arson. the penalty would but the penalty be death would be reclusion perpetua to death in accordance with PD 1613 When someone When someone is When someone is killed. but process. 248. locomotive is done after is set on fire. circumstance. 248. still destruction and damage to means of this is still not this circumstance is communication with considered an inherent in that homicide (or murder) aggravating offense. a becomes a qualifying purpose of Real property or becomes real right is Personal property is involved this becomes a qualifying aggravating killing involved qualifying aggravating circumstance in another aggravating circumstance in accordance with Art.“By means of “By derailment of a means of locomotive” poison” When the When a person uses When property is crime is Arson a hand grenade to damaged as a result of (320 and PD create an explosion. this another person. aggravati par. par. the derailment of a 613 as the Offender one locomotive. and then an and derailment of a then the house explosion is done. and locomotive. this circumstance accordance with 248. 248 par. 3 becomes a in accordance Art. the crime is a complex crime of intent to kill. par. there are two the killing. the Offender takes the crime is receives the Offender crime takes the amended receptacle thing involves committed is damage receptacle by that to locked from the locked RA 7659). person. without thethis destruction (324) owner’s offended party means without the of owner’s is not with force an communication (330) consent consent aggravating upon things circumstance. is killed. there is there was not to kill. However. but there was process. there are there are two separate crimes two separate crimes separate of destruction and of derailment of crimes of murder (or locomotive and murder arson and homicide) (or homicide) murder (or homicide) This becomes This becomes an This becomes an This an aggravating aggravating aggravating becomes circumstance circumstance ONLY circumstance ONLY an ONLY when when there is when there is another aggravatin there is another aggravating g “By means of fire” “By means explosion” of . since it is inherent in the crime Occupation of real property Theft or Robbery When When rights or usurpation of realan explosion When derailment of a When something is and propertyis is used for the locomotive is used for poison (312) set on fire foroccupation of or There is taking or asportation used purpose killing the purpose of killing for There is the purpose of another person. 3 qualifying with Art.

subdivision 2 & 3) Offender postdated a check. permitting any other person to take the public funds or property Estafa be means of deceit (315. or through abandonment or negligence. subdivision 2 & 3) Funds or property are always private Offender is a private individual or public officer who is not accountable for public funds or property Committed by misappropriating. documents or any other papers (315. taking or misappropriating or consenting. converting or denying having received money. or issued one in payment or an obligation. It can’t apply to guarantees Damage or prejudice is caused BP 22 Mere act of issuing a check is punished not the non-payment of an obligation May apply to a guarantee Damage is NOT an essential element Estafa by removing. in whole or in part. No. any court record. goods or other personal property Malversation (217) Usually public funds or property Offender is usually a public officer who is accountable for public funds or property Committed by appropriating. 3 (c)) Offender is a private individual or even a public officer who is not officially entrusted with the documents There is an intent to defraud Infidelity in the documents (226) custody of Offender is a public officer who is officially entrusted with the documents Intent to defraud is NOT necessary .Estafa be means of deceit (315. or destroying. office files. concealing.

there abuse of confidence. of authority or relationship . In simple seduction there must be deceit There is not sexual There sexual is . 20 Acts of the offender do not clearly indicate that he wants to lie with the offended woman Lascivious acts are themselves the final objective of the offender The acts are committed under circumstanc es which had there been carnal knowledge. relationship or deceit There is no sexual In qualified seduction. Consent is present but there must be either abuse of confidence.Adultery (333) Offender is a married woman Acts of Lascivious ness (336) Rape (266 – A) Concubinage (334) Offender is a married man Acts of Lasciviousn ess with the consent of the offended party Acts of the offender do not clearly indicate that he wants to lie with the offended woman Qualified or Simple seduction (377 & 338) Unjust Vexation (287. would amount to rape Acts performed by the offender clearly indicate that his purpose was to lie with the offended woman Lascivious acts are but the preparatory acts to the commission of rape There are NO acts of lasciviousne ss Lascivious acts are themselves the final objective of the offender The acts are committed under circumstance s which had there been carnal knowledge. of authority. par. would amount to either qualified or simple seduction.

intercourse intercourse intercourse Forcible Abductio n (342) Offended party must be a woman Grave Coercion (286) Offended party be ANY person Corruption of Minors (340) Offended party must be a minor Acts of Lasciviousne ss (336) Offended party maybe ANY person There is an element of lewd designs It is enough that libidinous designs may exist. actual commissio n of acts of lascivious ness is NOT necessary Bigamy (349) There is NO lewd design There is NO lewd design There is an element of lewd designs Lecherous acts must have actually been committed Consented Abduction (343) Offended party must be over 12 and under 18 years of age and was taken away with her consent after solicitation or cajolery from the offender There is an element of lewd designs Marriage contracted against provisions of laws (350) That the offender knew at the time of marriage that requisites of the law were not complied with or the marriage was in disregard of a legal impediment Premature marriages (351) Adultery or Concubina ge (333 or 334) That a legally married offender contracts a subsequent marriage which has all the essential The offender may either be: a) a woman who married within 301 days from the date of the .

discredit. her marriage having annulled or dissolved. or contempt of a natural or juridical person. so it is a distinct offense Libel (353) A public and malicious imputation of a crime. or any act. real or imaginary. or before having delivered is she is pregnant at the time of his death b) a woman who. par. 30) No dishonor was caused Unjust Vexation (287. status. or circumstance tending to cause the dishonor. 2) Acts of Lasciviousness (3360 . par.requisites for validity when the 1st marriage has not been legally dissolved or in case of an absent spouse. omission. or to blacken the memory of one who is dead Slander (358) Oral defamation Slander by deed (359) The offended party suffered from shame or Maltreatment (266. married before her delivery or before the expiration of the period of 301 days after the date of the legal separation Crime against civil status of persons Crime against civil status of persons Crime against civil status of persons Crime against Chastity. such spouse could not yet be presumed dead death of her husband. or of a vice or defect. condition.

there is attendant publicity and dishonor or contempt Anything that annoys or irritates another without justification In addition to irritation or annoyance. there was lewd designs done by using force or intimidation.humiliation cause by the maltreatme nt In addition to irritation or annoyance. . or when the offended party is deprived of reason or otherwise unconscious or when the offended party is another person of either sex.

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