BOOK 1

CRIMINAL LAW

Pros. PETER L. MEDALLE

BOOK 1

CRIMINAL LAW

branch of municipal law which defines crimes, treats of
their nature and provides for their punishment.

branch of public substantive law which defines
offenses and prescribes their penalties. It is substantive
because it defines the state’s right to inflict punishment
and the liability of the offenders. It is public law because
it deals with the relation of the individual with the
state.

Limitations on Penal Laws
1.Penal laws must be general in application.
2.No Ex Post Facto Law
3.No bill of attainder or one which punishes without the
benefit of due process
4.Penal laws must not impose cruel and unusual
punishment nor excessive fines

NCC).Characteristics   Generality. belief. sex and creed.Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory. 14. subject to the principles of public international law and to treaty stipulations (Art. . save for certain exceptions. Criminal law of the country governs all persons within the country regardless of their race.

5.Penal laws have force and effect only within its territory. While being public officers or employees. RPC): 1. 2. Should commit any of the crimes against national security and the law of nations. should commit an offence in the exercise of their functions. . 4. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number. 2. Should commit an offense while on board a Philippine ship or airship. 3. Exceptions(Art. Territoriality. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands.

Penal laws must not punish an act as a crime which when done was legal. . No ex post facto law may be passed.  Prospectivivity/Irrestrospectivity.

“retribution”  Positivist/Realistic Theory.Philosophies underlying our System  Classical/Juristic Theory .“reformation”  Eclectic/Mixed Theory .

the Revised Penal Code. good faith or lack of criminal intent is a defense. . Mala Prohibita  Mala in se • inherently evil • Moral state of the offender. hence. • Generally. frustrated or attempted.Mala In Se vs. • The penalty imposed depends on whether the crime is consummated.

Generally. good faith or lack of criminal intent is not a defense. special penal laws. Mala Prohibita    Voluntariness. unless intent is an element of the crime such as in Sec. hence. 3[e] of RA 3019. . Violation of law is punished only when accomplished or consummated because intent is inherent in attempted or frustrated stage and intent is not relevant in crimes mala prohibita.

or lack of skill. . 3.Felonies    Art. Felonies are committed not only be means of deceit (dolo) but also by means of fault (culpa). — Acts and omissions punishable by law are felonies (delitos). Definitions. There is deceit when the act is performed with deliberate intent and there is fault when the wrongful act results from imprudence. negligence. lack of foresight.

and • Acts committed or omission incurred by means of dolo or culpa. .Elements of a Felony • Act or omission. • Act or omission punishable under RPC.

Dolo vs. Culpa   Dolo • criminal intent • freedom • intelligence Culpa • criminal negligence • freedom • intelligence .

Criminal Liability Art. 4. 2. — Criminal liability shall be incurred: 1. . By any person performing an act which would be an offense against persons or property. Criminal liability. By any person committing a felony (delito) although the wrongful act done be different from that which he intended. were it not for the inherent impossibility of its accomplishment or an account of the employment of inadequate or ineffectual means.

Mistake of fact  when the offender acted out of misapprehension of fact  may only be committed by means of dolo  offender is absolved .

direct. natural and logical consequence of the felonious act  is that cause which sets into motion other causes and which unbroken by any efficient supervening cause. produces a felony without which such felony could not have resulted.PROXIMATE CAUSE. .

4) 1.because of poor aim. Aberratio Ictus/Mistake in the blow. the blow landed on somebody else 2. Praeter Intentionem.consequence went beyond intention . Error in Personae/Mistake in identity 3.ALTHOUGH THE WRONGFUL ACT BE DIFFERENT FROM WHAT WAS INTENDED” (Art.

IMPOSSIBLE CRIME. .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.

are punishable. . and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than this own spontaneous desistance. and it is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which. — Consummated felonies as well as those which are frustrated and attempted.Stages of Execution Art. frustrated. do not produce it by reason of causes independent of the will of the perpetrator. There is an attempt when the offender commences the commission of a felony directly or over acts. A felony is consummated when all the elements necessary for its execution accomplishment are present. and attempted felonies. Consummated. nevertheless. 6.

Rule: Mere conspiracy and proposal is not punishable.when the person who has decided to commit a felony proposes its execution to some other person or persons.Conspiracy and Proposal to Commit a Felony Conspiracy exists when two or more persons come to an agreement concerning the commission of a felony and decide to commit it. Exception: When the law makes it punishable. Proposal. . Two kinds of conspiracy and proposal: • As a crime • As a manner of incurring criminal liability Gen.

Arresto Menor Relevance of this classification: 1. Less grave. Light. Grave. Whether felonies may be complexed or not 2.CLASSIFICATION of FELONIES according to GRAVITY A. To determine the prescription of the crime and the prescription of the penalty .penalties which in their maximum period is correccional C.to which attaches the capital punishment which in any of their period is afflictive B.

CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY  Justifying  Exempting  Mitigating  Aggravating  Alternative .

Defense of a Stranger 4.JUSTIFYING: 1. Fulfillment of duty or lawful exercise of right or office 6. Defense of Relative 3. Obedience to an order issued for some lawful purpose . Avoidance of greater evil or injury 5. Self Defense 2.

Unlawful aggression 2.A. Lack of sufficient provocation . Reasonable necessity of the means employed to prevent or repel the attack 3. SELF-DEFENSE 1.

26.RA 9262 (Anti-Violence against Women and their Children) • Sec. • Battered Women Syndrome.scientifically defined pattern of psychologically and behavioural symptoms found in women living in battering relationships as a result of cumulative abuse .victim-survivors who are found by the courts to be suffering from Battered Women Syndrome do not incur any criminal or civil liability notwithstanding any absence of any of the elements for justifying circumstances of self-defence under the RPC.

the one making the defines had no part in such provocation . In case the provocation was given by the person attacked.B. Reasonable necessity of the means employed to prevent or repel the attack 3. Unlawful aggression 2. DEFENSE OF RELATIVE 1.

resentment or other evil motive “Stranger”. Reasonable necessity of the means employed to prevent or repel the attack 3. Person defending be not induced by revenge.any person not included in the enumeration of relatives mentioned in paragraph 2. Unlawful aggression 2. DEFENSE OF STRANGER 1.C. .

D. 2. 3. . No other practical and less harmful means of preventing it. AVOIDANCE OF GREATER EVIL OR INJURY (STATE OF NECESSITY) 1. Injury feared be greater that that done to avoid it. Evil sought to be avoided actually exists.

or the lawful exercise of such right or office .E. FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF RIGHT OR OFFICE 1. Injury caused or offence committed is the necessary consequence of the due performance of the duty. Accused acted in the performance of duty or in the lawful exercise of a right or office 2.

Meanse used by subordinate to carry out said order is lawful . The order has a lawful purpose and not patently illegal 3.F. OBEDIENCE TO AN ORDER ISSUED FOR SOME LAWFUL PURPOSE 1. An order has been issued 2.

Imbecility/Insanity 2.EXEMPTING: 1. Under impulse of uncontrollable fear 6. Minority 3. Prevented by an insuperable cause . Accident without fault or intention of causing it (Damnum Absque Injuria) 4. Compulsion of irresistible force 5.

the child shall be subject to an intervention program as provided under Section 20 of the same law. • Child above 15 years old but below 18 years of age who acted without discernment .the following are exempt from criminal liability: • Child 15 years of age or under at the time of the commission of the offence. However.A. MINORITY (Juvenile Justice and Welfare Act of 2006).

ACCIDENT WITHOUT FAULT OR INTENTION OF CAUSING IT 1. Without fault or intention of causing it . He causes an injury to another by mere accident 4.B. A person is performing a lawful act 2. With due care 3.

The physical force must be irresistible 3. IRRESISTIBLE FORCE 1.C. The physical force must come tom a third person . The compulsion is by means of physical force 2.

The fear of an injury is greater that or at least equal to that committed . The fear must be real and imminent 3. UNCONTROLLABLE FEAR 1.D. Existence of an uncontrollable fear 2.

E. INSUPERABLE CAUSE
1. An act is required by law to be done
2. A person fails to perform such act was due to some
awful or insuperable cause

MITIGATING:
1. Incomplete justifying or exempting circumstances
2. Over 15 and under 18, if there is discernment or over 70 years old
3. No intention to commit so grave a wrong
4. Provocation or threat
A. Provocation must be sufficient
B. Must originate from the offended party
C. Must be immediate to the commission of the crime by the person who
is provoked

5. Vindication of a grave offense
A. A grave offense done to the one committing the felony, his spouse,
ascendants, descendants, legitimate, natural or adopted brothers or
sisters or relatives by affinity within the same degree.
B. Felony is committed in immediate vindication of such grave offense.
6. Passion or obfuscation
A. Accused acted upon impulse
B. Impulse must be so powerful that it naturally produced passion or
obfuscation in him

7. The offender surrendered himself to a person in authority or the latter’s agent C. Voluntary surrender A. Person has not been actually arrested B. The surrender was voluntary .

AGGRAVATING: 1. The crime be committed in contempt of or with insult to the public authorities 3. Abuse of confidence 4. Dwelling . Advantage be taken by the offender of his public position 2.

or persons who insure or afford impunity 8. whenever such circumstance may facilitate 7.5. in an uninhabited place C. Recidivism offender previously convicted by final judgment of a felony and subsequently found guilty of another felony embraced in the same title in the RPC . by a band. Uninhabited place 6. in the nighttime B. With the aid of armed men. Committed A.

By means of inundation or fire . In consideration of a price.reward or promise 11.9. Reiteracion or Habituality •Offender has been previously punished: A. for two or more crimes to which it attaches a lighter penalty 10. for an offense to which the law attaches an equal or greater penalty B.

Evident premeditation 13. method or form of attack employed by him 15. Abuse of superior strength 14. Treachery (Alevosia)  At the time of the attack. Ignominy. the victim was not in a position to defend himself  The offender consciously adopted the particular means. which adds disgrace to the material injury caused by the crime .circumstance pertaining to the moral order.12.

natural or adopted brother or sister e. Relative by affinity as the same degree of the offender f. Legitimate. Adopted parent and adopted child . Relationship a. Stepfather or stepmother and stepson or stepdaughter g. Spouse b.ALTERNATIVE: 1. Ascendant c. Descendant d.

the same will immediately aggravate. Education . so that if the prosecution wants to deny the offender the benefit of this mitigation. regardless of the crime committed. The moment it is shown to be habitual or intentional to the commission of the crime. 3. they should prove that it is habitual and that it is intentional.2. Intoxication • This circumstance is ipso facto mitigating. Degree of instruction 4.

Principal by inducement C. Principal by indispensable cooperation • Accomplice • Accessory . Principal by direct action B.PERSONS who are CRIMINALLY LIABLE • Principal A.

then the person who cooperated is a principal.Principal by indispensable cooperation distinguished from an accomplice:  The points not just on participation but on the importance of the participation in committing the crime. .  If the crime could hardly be committed without such cooperation. the offender is merely an accomplice. If it will only bring about consummation of the crime.

• maximum term of imprisonment imposed upon the offender does not exceed six years.is a manner of disposing of an accused who have been convicted by a trial court by placing him under supervision of a probation officer.Probation Law (PD 968) Probation. • may be availed of before convict begins serving sentence by final judgment and provided that he did not anymore appeal his conviction. under such terms and conditions that the four may fix. .

PRESCRIPTION of PENALTY Prescription of crime begins from the time the crime has been committed. That is. . In prescription of penalty.PRESCRIPTION of CRIME vs. from the moment he evades sentence. unless the crime is concealed. the period will only commence to run when the convict begins to serve his sentence.

in substance. • Composite crime (Special complex crime) is that which. but is treated by law as one indivisible offense.Complex Crime COMPLEX CRIME -one where the offender has to commit an offense as a means for the commission of another offense. • Compound crime is one where a single act produces two or more crimes. is made up of more than one crime. .

when a series of acts are perpetrated in pursuance of a single criminal impulse.Continuing Crime CONTINUING CRIMES. Purpose: venue. .

BOOK 2 .

2. .TITLE I. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS Crimes against national security 1. 3. and 4. 114). Conspiracy and proposal to commit treason (Art. Espionage (Art. 116). 115). Treason (Art. Misprision of treason (Art. 117).

Flight to enemy's country (Art. . Inciting to war or giving motives for reprisals (Art. 4. 2. and 5. Piracy in general and mutiny on the high seas (Art. 119). Violation of neutrality (Art. Corresponding with hostile country (Art. 121). 122). 118).Crimes against the law of nations 1. 3. 120).

under Article 114 – This may be committed both in times of war and in times of peace.The crimes under this title can be prosecuted even if the criminal act or acts were committed outside the Philippine territorial jurisdiction. except the following. Almost all of these are crimes committed in times of war. (2) Inciting to War or Giving Motives for Reprisals. under Article 118 – Exposing the Filipinos or their properties because the offender performed an unauthorized act. under Article 119 – The Philippines is not a party to a war but there is a war going on. (3) Violation of Neutrality. prosecution can proceed only if the offender is within Philippine territory or brought to the Philippines pursuant to an extradition treaty. which can be committed in times of peace: (1) Espionage. However. like those who recruit Filipinos to participate in the gulf war. .

Article 114. Treason
Elements
1. Offender is a Filipino or resident alien;
2. There is a war in which the Philippines is involved;
3. Offender either –
a. levies war against the government; or
b. adheres to the enemies, giving them aid or comfort within
the Philippines or elsewhere

Requirements of levying war
1.

Actual assembling of men;

2.

To execute a treasonable design by force;

3.

Intent is to deliver the country in whole or in part
to the enemy; and

4.

Collaboration with foreign enemy or some foreign
sovereign

Two ways of proving treason
1. Testimony of at least two witnesses to the same overt act;
or
2. Confession of accused in open court.

Article 115. adhere to the enemies. . 2. There is a war in which the Philippines is involved. At least two persons come to an agreement to – a. giving them aid or comfort. 3. Conspiracy and Proposal to Commit Treason Elements of conspiracy to commit treason 1. They decide to commit it. or b. levy war against the government.

. There is a war in which the Philippines is involved. At least one person decides to – a. 2. 3. levy war against the government.Elements of proposal to commit treason 1. giving them aid or comfort. or b. He proposes its execution to some other persons. adhere to the enemies.

3. He conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province in which he resides. Misprision of Treason Elements 1. He has knowledge of conspiracy to commit treason against the government. 2. . Offender owes allegiance to the government. and not a foreigner.Article 116. or the mayor or fiscal of the city in which he resides.

By entering. Offender enters any of the places mentioned. without authority therefore. . Elements 1. Espionage Acts punished 1. photographs or other data of a confidential nature relative to the defense of the Philippines. His purpose is to obtain information. 2. photograph or other data of a confidential nature relative to the defense of the Philippines.Article 117. plans. plans. 3. fort or naval or military establishment or reservation to obtain any information. a warship. He has no authority therefore.

data or information referred to in paragraph 1 of Article 117. 2. Offender is a public officer. 3. Elements 1. data or information referred to in paragraph 1 of Article 117. which he had in his possession by reason of the public office he holds. . by reason of the public office he holds. He discloses their contents to a representative of a foreign nation.2. He has in his possession the articles. By disclosing to the representative of a foreign nation the contents of the articles.

Seizing in the vessel while on the high seas or in Philippine waters the whole or part of its cargo. Piracy in general and Mutiny on the High Seas or in Philippine Waters Acts punished as piracy 1. its equipment or personal belongings of its complement or passengers. 2.Article 122. Attacking or seizing a vessel on the high seas or in Philippine waters. .

2. Offenders are neither members of its complement nor passengers of the vessel. seize in the vessel while on the high seas or in Philippine waters the whole or part of its cargo. There is intent to gain. 3. 4.Elements of piracy 1. The vessel is on the high seas or Philippine waters. or b. its equipment or personal belongings of its complement or passengers. attack or seize a vessel on the high seas or in Philippine waters. . Offenders either – a.

2. seize the whole or part of the cargo. Offenders either – a. attack or seize the vessel. 3. Offenders are either members of its complement. or personal belongings of the crew or passengers. its equipment. The vessel is on the high seas or Philippine waters. or b. or passengers of the vessel.Elements of mutiny 1. Mutiny is the unlawful resistance to a superior officer. . or the raising of commotions and disturbances aboard a ship against the authority of its commander.

Distinction between mutiny and piracy (1) As to offenders Mutiny is committed by members of the complement or the passengers of the vessel. (2) As to criminal intent In mutiny. Piracy is committed by persons who are not members of the complement or the passengers of the vessel. . In piracy. there is no criminal intent. the criminal intent is for gain.

6235 (The Anti HiJacking Law) Anti hi-jacking is another kind of piracy which is committed in an aircraft. Four situations governed by anti hi-jacking law: (1) usurping or seizing control of an aircraft of Philippine registry while it is in flight. . compelling the pilots thereof to change the course or destination of the aircraft.Republic Act No. compelling the pilots thereof to land in any part of Philippine territory. In other countries. this crime is known as aircraft piracy. (2) usurping or seizing control of an aircraft of foreign registry while within Philippine territory.

corrosive. corrosive. explosive. shipping. explosive. any flammable. and (4) loading. or transporting on board a cargo aircraft operating as a public utility in the Philippines. any flammable.(3) carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines. or poisonous substance if this was done not in accordance with the rules and regulations set and promulgated by the Air Transportation Office on this matter. . or poisonous substance.

126). Delay in the delivery of detained persons to the proper judicial authorities (Art. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE 1. 3. Delaying release (Art. Arbitrary detention (Art. Expulsion (Art.TITLE II. 127). 128). Violation of domicile (Art. 4. 125). . 5. 124). 2.

6. Search warrants maliciously obtained and abuse in the
service of those legally obtained (Art. 129);
7. Searching domicile without witnesses (Art. 130);
8. Prohibition, interruption, and dissolution of peaceful
meetings (Art. 131);
9. Interruption of religious worship (Art. 132); and
10. Offending the religious feelings (Art. 133);

Article 124. Arbitrary Detention
Elements
1. Offender is a public officer or employee;
2. He detains a person;
3. The detention is without legal grounds.

Meaning of absence of legal grounds
1. No crime was committed by the detained;
2. There is no violent insanity of the detained person; and
3. The person detained has no ailment which requires
compulsory confinement in a hospital.

12 hour for light penalties. 36 hours for afflictive or capital penalties. b. 3. 2. Offender is a public officer or employee. 18 hours for correctional penalties. He fails to deliver such person to the proper judicial authorities within – a. . Delay in the Delivery of Detained Persons to the Proper Judicial Authorities Elements 1. He detains a person for some legal ground. and c.Article 125.

3. . 2. Search Warrants Maliciously Obtained. Procuring a search warrant without just cause. He procures a search warrant. Elements 1. and Abuse in the Service of Those Legally Obtained Acts punished 1. There is no just cause.Article 129. Offender is a public officer or employee.

2. Exceeding his authority or by using unnecessary severity in executing a search warrant legally procured. He has legally procured a search warrant. . 2. Offender is a public officer or employee. He exceeds his authority or uses unnecessary severity in executing the same. Elements 1. 3.

the holding of a peaceful meeting. hindering any person from joining any lawful association. Offender is a public officer or employee. or by dissolving the same. c. b. prohibiting or by interrupting. Interruption. without legal ground. prohibiting or hindering any person from addressing. either alone or together with others. He performs any of the following acts: a. any petition to the authorities for the correction of abuses or redress of grievances. or attending any of its meetings. and Dissolution of Peaceful Meetings Elements 1. Prohibition. .Article 131. 2.

(2) Clear and present danger rule – applied in times of peace.There are two criteria to determine whether Article 131 would be violated: (1) Dangerous tendency rule – applicable in times of national unrest such as to prevent coup d’etat. . Stricter rule.

3. 136). 137). Conspiracy and proposal to commit rebellion (Art. 4. . 139). Disloyalty to public officers or employees (Art. 2. 134). Sedition (Art. Inciting to rebellion (Art. CRIMES AGAINST PUBLIC ORDER Crimes against public order 1.TITLE III. 141). Rebellion or insurrection (Art. 138). 5. Conspiracy to commit sedition (Art. 6.

144). 10. Illegal associations (Art. 9. 142). . 145). 147). 11. Acts tending to prevent the meeting of Congress and similar bodies (Art. Inciting to sedition (Art. 146). Violation of parliamentary immunity (Art. Illegal assemblies (Art. 8. Disturbance of proceedings of Congress or similar bodies (Art.7. 12. 143).

14. (Art. 151). etc. 17. its committees. 150).. its committees. Disobedience to summons issued by Congress. 16. etc. Indirect assaults (Art. . 18. by the constitutional commissions. Tumults and other disturbances of public order (Art. Resistance and disobedience to a person in authority or the agents of such person (Art. 149). 154). 153). 15. Unlawful use of means of publication and unlawful utterances (Art.

Evasion of service of sentence (Art. 155). 159). 158). Violation of conditional pardon (Art. 160). Delivering prisoners from jails (Art. Alarms and scandals (Art. Evasion on occasion of disorders (Art. 156). Commission of another crime during service of penalty imposed for another previous offense (Art. and 24. 22. . 23. 21. 157). 20.19.

2. to deprive the Chief Executive or Congress. to remove from the allegiance to the government or its laws Philippine territory or any part thereof. The purpose of the uprising or movement is – a. or other armed forces. or b.Article 134. Rebellion or Insurrection Elements 1. There is a public uprising and taking arms against the government. of any of their powers or prerogatives. naval. wholly or partially. . or any body of land.

-Rebellion is more frequently used where the object of the movement is completely to overthrow and supersede the existing government. -Insurrection is more commonly employed in reference to a movement which seeks merely to effect some change of minor importance. citing 30 Am.Rebellion and insurrection are not synonymous. . Jr. 1). or to prevent the exercise of governmental authority with respect to particular matters of subjects (Reyes.

(2) As to purpose In rebellion. not to overthrow it. the purpose may be political or social. In sedition. The purpose in sedition is to go against established government.Distinctions between rebellion and sedition (1) As to nature In rebellion. it is sufficient that the public uprising be tumultuous. In sedition. Example: the uprising of squatters against Forbes park residents. there must be taking up or arms against the government. . the purpose is always political.

Coup d' etat Elements 1. communication networks. . Offender is a person or persons belonging to the military or police or holding any public office or employment. The purpose of the attack is to seize or diminish state power. intimidation. The attack is directed against the duly constituted authorities of the Republic of the Philippines. 4. threat. It is committed by means of a swift attack accompanied by violence. public utilities or other facilities needed for the exercise and continued possession of power. 3. or any military camp or installation. 2.Article 134-A. strategy or stealth.

Sedition Elements 1. 2. intimidation. . Offenders employ force.Article 139. Offenders rise publicly and tumultuously. or other means outside of legal methods.

any act of hate or revenge against private persons or any social classes. Purpose is to attain any of the following objects: a. . e. To prevent the promulgation or execution of any law or the holding of any popular election. or any public officer from exercising its or his functions or prevent the execution of an administrative order. d.3. any person. To prevent the national government or any provincial or municipal government. municipality or province. To despoil for any political or social end. To commit. or the national government of all its property or any part thereof. b. c. for any political or social end. To inflict any act of hate or revenge upon the person or property of any public officer or employee.

2. . Offender employs force or intimidation. Without public uprising. 3.Article 148. Elements 1. The aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crime of sedition. by employing force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition. Direct Assault Acts punished 1. There is no public uprising.

2. while engaged in the performance of official duties. or that he is assaulted by reason of the past performance of official duties. At the time of the assault. or on occasion of such performance. employs force. 4. Offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties. . Offender makes an attack. There is no public uprising. by employing force or by seriously intimidating or by seriously resisting any person in authority or any of his agents. 5. makes a serious intimidation. the person in authority or his agent is engaged in the actual performance of official duties. The person assaulted is a person in authority or his agent. by attacking. or makes a serious resistance.2. Without public uprising. 3. Elements 1.

Indirect Assault Elements 1.Article 149. . 3. A person in authority or his agent is the victim of any of the forms of direct assault defined in Article 148. Offender makes use of force or intimidation upon such person coming to the aid of the authority or his agent. 2. A person comes to the aid of such authority or his agent.

firecracker. calculated to cause (which produces) alarm of danger. or other explosive within any town or public place. 2. 3. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility.Article 155. . rocket. 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. Discharging any firearm. provided Article 153 in not applicable. Alarms and Scandals Acts punished 1.

or performing in said government or in any of its branches public duties as an employee. Taking part in the performance of public functions in the government. . (b) By popular election. or (c) By appointment by competent authority. 2. His authority to take part in the performance of public functions or to perform public duties must be – (a) By direct provision of the law. 204). agent or subordinate official.CRIMES COMMITTED BY PUBLIC OFFICERS Knowingly rendering unjust judgment (Art. • Requisites to be a public officer under Article 203 1. or any rank or class.

(2) Misfeasance . Example: bribery.when a public officer willfully refrains or refuses to perform an official duty which his office requires him to perform. (3) Nonfeasance . .when a public officer performs in his public office an act prohibited by law.when a public officer performs official acts in the manner not in accordance with what the law prescribes.Breach of oath of office partakes of three forms: (1) Malfeasance .

4. 3. Judgment is unjust. Offender is a judge. 205). 1. The judge knows that his judgment is unjust .Judgment rendered through negligence (Art. 2. He renders a judgment in a case submitted to him for decision. .

promise.Direct bribery (Art. in consideration of gift or promise. 210). Agreeing to refrain. Acts punished 1. . gift or present – an act constituting a crime. Agreeing to perform. in consideration of any offer. from doing something which it is his official duty to do. Accepting a gift in consideration of the execution of an act which does not constitute a crime. in connection with the performance of his official duty. or by refraining. in connection with the performance of his official duties. 2. 3. or performing.

but the act must be unjust. Offender accepts an offer or a promise or receives a gift or present by himself or through another. Offender is a public officer within the scope of Article 203. 2. or (b) In consideration of the execution of an act which does not constitute a crime. or gift or present received by the public officer – (a) With a view to committing some crime.Elements 1. . 3. Such offer or promise be accepted. or (c) To refrain from doing something which it is his official duty to do.

4. Invariably. . but this is wrong. The act which offender agrees to perform or which he executes be connected with the performance of his official duties. Bribery refers to the act of the receiver and the act of the giver is corruption of public official. the act refers to the giver. you refer to the one corrupting the public officer. It is a common notion that when you talk of bribery.

. 3. The gifts are offered to him by reason of his office. 2. Elements 1. 211). He accepts gifts. Offender is a public officer.Indirect bribery (Art.

Offender is a public officer entrusted with law enforcement. Offender refrains from arresting or prosecuting in consideration of any offer.Qualified bribery (Art. He refrains from arresting or prosecuting an offender who has committed a crime. Offender has committed a crime punishable by reclusion perpetua and/or death. Elements 1. 4. or present. . gift. 211-A). 3. promise. 2.

212). 2. • Elements 1.Corruption of public officials (Art. The offers or promises are made or the gifts or presents given to a public officer. Offender makes offers or promises or gives gifts or presents to a public officer. . under circumstances that will make the public officer liable for direct bribery or indirect bribery.

3019. from the government (Sec. social and fraternal connections. Close personal relations include close personal relationship.having family or close personal relations with any public official (Family relation includes the spouse or relatives by consanguinity or affinity in the third civil degree.ANTI-GRAFT AND CORRUPT PRACTICES ACT (R.A. (b) Private individuals -. AS AMENDED) Coverage (1) The law covers the corrupt practices of any: (a) Public officers -. 2[b]). whether in the classified or unclassified or exemption service receiving compensation.which includes elective and appointive officials and employees. 4). permanent or temporary. and professional employment all giving rise to intimacy which assures free access to such public officer) (Sec. . even nominal.

(c) Relatives -. 6). 5). . Vice President. of the President.spouse of or any relative by consanguinity or affinity within the third civil degree. Senate President. and Speaker of the House (Sec. (d) Members of Congress (Sec.

induced. induce or influence another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter.Some Acts Punishable (1) In addition to acts or omissions of public officers already penalized by existing law. or influenced to commit such violation or offense. the following acts under Section 3 of the law constitute corrupt practices of any public officer: (a) Persuade. . or allowing himself to be persuaded.

percentage. or benefit. wherein the public officer in his official capacity has to intervene under the law.(b) Directly or indirectly request or receive any gift. for himself or for any other person. (xxx) . in connection with any contract of transaction between the Government and any other party. share. present.

without sufficient justification to act within a reasonable time on any matter pending before him for the purpose of obtaining directly or indirectly. from any person interested in the matter some pecuniary or material benefit or advantage.(f) Neglect or refuse. or for purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party. (xxx) . after due demand or request.

mother. The deceased is killed by the accused. of the accused.CRIMES AGAINST PERSONS Parricide (Art. or a legitimate other ascendant or other descendant. A person is killed. Elements 1. or child. The deceased is the father. 3. whether legitimate or illegitimate. 2. . 246). or the legitimate spouse.

(b) In consideration of a price.Murder (Art. 248). with the aid or armed men. Accused killed him. 2. . Elements 1. The killing was attended by any of the following qualifying circumstances – (a) With treachery. 3. reward or promise. or employing means to weaken the defense. taking advantage of superior strength. or of means or persons to insure or afford impunity. A person was killed.

by deliberately and inhumanly augmenting the suffering of the victim. 4. (e) With evident premeditation. poison. derailment or assault upon a railroad. eruption of a volcano. or of an earthquake. (f) With cruelty. The killing is not parricide or infanticide. or outraging or scoffing at his person or corpse. epidemic. fire. fall of an airship. (d) On occasion of any of the calamities enumerated in the preceding paragraph. explosion. stranding of a vessel. or with the use of any other means involving great waste and ruin. . or any other public calamity. by means of motor vehicles.(c) By means of inundation. shipwreck. destructive cyclone.

. 249). which is presumed. 2.Homicide (Art. A person was killed. Offender had the intention to kill. The killing was not attended by any of the qualifying circumstances of murder. 3. Elements 1. or by that of parricide or infanticide. 4. Offender killed him without any justifying circumstances.

2.    This crime cannot be committed through imprudence because it requires that the discharge must be directed at another. Offender had no intention to kill that person. If the discharge is not directed at a person. the crime may constitute alarm and scandal. Offender discharges a firearm against or at another person. . 1.Discharge of firearms (Art. If the firearm is directed at a person and the trigger was pressed but did not fire. the crime is frustrated discharge of firearm. 254).

The deceased child was less than 72 hours old. . 2. not parricide. the crime is parricide. The offender may actually be the parent of the child. But you call the crime infanticide. A child was killed by the accused. if the age of the victim is less than three days old. The victim should be less than three days old.   This is a crime based on the age of the victim. 255) Elements 1. If the victim is three days old or above.Infanticide (Art.

an arm. . When the injured person – (a) Loses the use of speech or the power to hear or to smell.Serious physical injuries (Art. (b) Loses the use of any such member. 263). or loses an eye. 2. imbecile. or a leg. impotent or blind in consequence of the physical injuries inflicted. When the injured person becomes insane. 1. a hand. a foot. in consequence of the physical injuries inflicted. or (c) Becomes incapacitated for the work in which he was theretofore habitually engaged.

. When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days). or (d) Becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days in consequence of the physical injuries inflicted. as a result of the physical injuries inflicted. When the person injured – (a) Becomes deformed. 4. or (b) Loses any other member of his body. or (c) Loses the use thereof.3.

By beating. . By assaulting. By administering injurious substance.How committed: 1. By wounding. 3. or 4. 2.

Less serious physical injuries (Art. or needs medical attendance for the same period of time. The physical injuries must not be those described in the preceding articles. 2. Offended party is incapacitated for labor for 10 days or more (but not more than 30 days). . 1. 265).

Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance.Slight physical injuries and maltreatment (Art. . 2. Physical injuries incapacitated the offended party for labor from one to nine days. or required medical attendance during the same period. 3. Ill-treatment of another by deed without causing any injury. Acts punished 1. 266).

(c) By means of fraudulent machination or grave abuse of authority. or (d) When the woman is under 12 years of age or demented. Offender had carnal knowledge of a woman. Offender is a man.Rape (Art 266-A) Elements under paragraph 1 1. 3. (b) When the woman is deprived of reason or otherwise unconscious. Such act is accomplished under any of the following circumstances: (a) By using force or intimidation. . 2.

Offender commits an act of sexual assault.Elements under paragraph 2 1. 2. or (b) By inserting any instrument or object into the genital or anal orifice of another person. The act of sexual assault is committed by any of the following means: (a) By inserting his penis into another person's mouth or anal orifice. .

.3. or (c) By means of fraudulent machination or grave abuse of authority. or (d) When the woman is under 12 years of age or demented. or (b) When the woman is deprived of reason or otherwise unconscious. The act of sexual assault is accomplished under any of the following circumstances: (a) By using force or intimidation.

Reclassifying the Same as A Crime against Persons. 8353 An Act Expanding the Definition of the Crime of Rape. . that is. Amending for the Purpose the Revised Penal Code Classification of rape (1) Traditional concept under Article 335 – carnal knowledge with a woman against her will. she or he can be liable for rape. if a woman or a man uses an instrument on anal orifice of male. The offended party or the offender can either be man or woman.committed with an instrument or an object or use of the penis with penetration of mouth or anal orifice.Republic Act No. (2) Sexual assault . The offended party is always a woman and the offender is always a man.

or demented.Rape is committed when a man has carnal knowledge of a woman under the following circumstances: (1) Where intimidation or violence is employed with a view to have carnal knowledge of a woman. . or (4) Where the victim is under 12 years of age. (3) Where the rape was made possible because of fraudulent machination or abuse of authority. even though no intimidation nor violence is employed. (2) Where the victim is deprived of reason or otherwise unconscious.

or (2) Where an instrument or object is inserted into the genital or oral orifice. .Sexual assault is committed under the following circumstances: (1) Where the penis is inserted into the anal or oral orifice.

or against her child whether legitimate or illegitimate. or economic abuse including threats of such acts. . harassment or arbitrary deprivation of liberty. assault. psychological harm or suffering. which result in or is likely to result in physical. who is his wife.ANTI-VIOLENCE AGAINST WOMEN AND CHILDREN (RA 9262) "Violence against women and their children”. battery. or against a woman with whom the person has or had a sexual or dating relationship. within or without the family abode. former wife.refers to any act or a series of acts committed by any person against a woman: 1. sexual. coercion. or 2. with whom he has a common child.

by means of violence against. 2. Robbery – This is the taking or personal property belonging to another. 294). There is personal property belonging to another. The taking must be with intent to gain. or intimidation of any person. and 4. with intent to gain. or using force upon anything. There is violence against or intimidation of any person. 3. Elements of robbery in general 1. There is unlawful taking of that property.CRIMES AGAINST PROPERTY (293-332) Robbery with violence against or intimidation of persons (Art. . or force upon anything.

the crime of homicide is committed. impotency or blindness is inflicted. imbecility. . When by reason of on occasion of such robbery. When by reason or on occasion of the robbery (taking of personal property belonging to another with intent to gain).Acts punished 1. When the robbery is accompanied by rape or intentional mutilation or arson. 2. any of the physical injuries resulting in insanity. 3.

When by reason or on occasion of robbery. a hand. . a foot. If the violence or intimidation employed in the commission of the robbery is carried to a degree unnecessary for the commission of the crime. an arm. any of the physical injuries resulting in the loss of the use of speech or the power to hear or to smell. or the loss of an eye. 5. or a leg or the loss of the use of any such member or incapacity for the work in which the injured person is theretofore habitually engaged is inflicted.4.

the offender shall have inflicted upon any person not responsible for the commission of the robbery any of the physical injuries in consequence of which the person injured becomes deformed or loses any other member of his body or loses the sue thereof or becomes ill or incapacitated for the performance of the work in which he is habitually engaged for more than 90 days or the person injured becomes ill or incapacitated for labor for more than 30 days. or if the offender employs intimidation only. When in the course of its execution. . If the violence employed by the offender does not cause any of the serious physical injuries defined in Article 263.6. 7.

and the complex crime therein contemplated comprehends not only robbery with homicide in its restricted sense. but also with robbery with murder.On robbery with homicide The term ―homicide is used in the generic sense. .

If during the robbery. there is only a crime of robbery with rape if both the robbery and the rape are consummated. the crimes would be separate. one for robbery and one for the attempted rape. attempted rape were committed. that is. In this case where rape and not homicide is committed.On robbery with rape This is another form of violence or intimidation upon person. The rape accompanies the robbery. .

they are absorbed in the robbery. But if the less serious physical injuries were committed after the robbery was already consummated. If the physical injuries are only less serious or slight. . The same is true in the case of slight physical injuries. there would be a separate charge for the less serious physical injuries. It will only be absorbed in the robbery if it was inflicted in the course of the execution of the robbery.On robbery with physical injuries To be considered as such. the physical injuries must always be serious. The crime becomes merely robbery.

Theft (Art. 308). Those who with intent to gain. Those who having found lost property. . fails to deliver the same to the local authorities or to its owner. but without violence against or intimidation of persons nor force upon things. 2. take personal property of another without the latter’s consent. Persons liable 1.

4. Those who enter an enclosed estate or a field where trespass is forbidden or which belongs to another and.3. . hunt or fish upon the same or gather fruits. without the consent of its owner. cereals or other forest or farm products. after having maliciously damaged the property of another. remove or make use of the fruits or objects of the damage caused by them. Those who.

. 4. The taking is accomplished without the use of violence against or intimidation of persons of force upon things. The taking was done with intent to gain. 5.Elements 1. 3. There is taking of personal property. The taking was done without the consent of the owner. 2. The property taken belongs to another.

Committed by a domestic servant. mail matter. Committed with grave abuse of confidence. or any other calamity. If property is taken on the occasion of fire. 4. The property stolen consists of coconuts taken from the premises of a plantation. 310). 2. or 6. 3. volcanic eruption. The property stolen is fish taken from a fishpond or fishery. earthquake. or civil disturbance. The property stolen is a motor vehicle. typhoon. vehicular accident. 1. or large cattle.Qualified theft (Art. 5. .

(b) By means of false pretenses or fraudulents acts. or (c) Through fraudulent means. and This covers the three different ways of committing estafa under Article 315.Swindling (Art. Elements in general 1. thus. (The first form under subdivision 1 is known as estafa with abuse of confidence. and the second and third forms under subdivisions 2 and 3 cover cover estafa by means of deceit.) . 315). estafa is committed – (a) With unfaithfulness or abuse of confidence. Accused defrauded another by abuse of confidence or by means of deceit.

quantity.2. Damage or prejudice capable of pecuniary estimation is caused to the offended party or third person. 2. Elements of estafa with unfaithfulness of abuse of confidence under Article 315 (1) Under paragraph (a) 1. He alters its substance. . or quality. Damage or prejudice is caused to another. Offender has an onerous obligation to deliver something of value. 3.

Such misappropriation or conversion or denial is to the prejudice of another. and 4. goods. Money. the same. or for administration. or on commission. 3. There is misappropriation or conversion of such money or property by the offender. or denial on his part of such receipt. There is a demand made by the offended party to the offender. or under any other obligation involving the duty to make delivery of. 2. or other personal property is received by the offender is trust.Under paragraph (b) 1. . or to return.

2. . or issued a check in payment of an obligation. or his funds deposited therein were not sufficient to cover the amount of the check.Under paragraph (d) 1. Offender postdated a check. Such postdating or issuing a check was done when the offender had no funds in the bank.

For example. (Remember that it is the check that is supposed to be the sole consideration for the other party to have entered into the obligation. . The jeweler sells her the bracelet solely because of the consideration in the check. Rose wants to purchase a bracelet and draws a check without insufficient funds. (2) The check is drawn to enter into an obligation.Note that this only applies if – (1) The obligation is not pre-existing.) (3) It does not cover checks where the purpose of drawing the check is to guarantee a loan as this is not an obligation contemplated in this paragraph.

makes the drawer liable under Batas Pambansa Blg. The person who makes or draws and issued the check knows at the time of issue that he does not have sufficient funds in or credit with the drawee bank for the payment of such check in full upon its presentment. . A person makes or draws and issues any check. whether the check is intended to serve merely as a guarantee or as a deposit. The check is made or drawn and issued to apply on account or for value. 2.BATAS BILANG 22 (BOUNCING CHECKS LAW) The mere issuance of any kind of check regardless of the intent of the parties. it can apply to pre-existing obligations. Thus. too. 22 if the check bounces. 1. 3.

The woman is married. 333). Elements 1. She has sexual intercourse with a man not her husband. 3. he must know her to be married. As regards the man with whom she has sexual intercourse. . 2. Adultery is a crime not only of the married woman but also of the man who had intercourse with a married woman knowing her to be married.CRIMES AGAINST CHASTITY Adultery (Art.

334). Keeping a mistress in the conjugal dwelling. . 2. Cohabiting with her in any other place. 3.Concubinage (Art. Having sexual intercourse. under scandalous circumstances. Acts punished 1.

3. (b) Having sexual intercourse under scandalous circumstances woman who is not his wife.Elements 1. The man is married. she knows that the man is married. . As regards the woman. 2. He is either – (a) Keeping a mistress in the conjugal dwelling. (c) Cohabiting with a woman who is not his wife in any other place.

(b) When the offended party is deprived or reason of otherwise unconscious. 2.Acts of lasciviousness (Art. 336). Elements 1. Offender commits any act of lasciviousness or lewdness. . It is done under any of the following circumstances: (a) By using force or intimidation. or (c) When the offended party is another person of either sex.

Two kinds of Acts of Lasciviousness: Article 336 Under this article. or otherwise unconscious. . being over 12 years of age. the offended party may be a man or a woman. or while the offender party was deprived of reason. or b. the lascivious acts were committed on him or her through violence or intimidation. Offended party is eithera. under 12 years of age.

the offender took advantage of his position of ascendancy over the offender woman either because he is a person in authority. a househelp. a domestic. or there was a deceitful promise of marriage which never would really be fulfilled. . The circumstances under which the lascivious acts were committed must be that of qualified seduction or simple seduction. a priest. a teacher or a guardian. that is.Article 339 Under this article. the victim is limited only to a woman.

337). and Elements (a) Offended party is a virgin. priest. . teacher.Qualified seduction (Art. such as a person in authority. (b) She is over 12 and under 18 years of age. Acts punished 1. Seduction of a virgin over 12 years and under 18 years of age by certain persons. which is presumed if she is unmarried and of good reputation.

Seduction of a sister by her brother. (d) There is abuse of authority. 2. or descendant by her ascendant. regardless of her age or reputation.(c) Offender has sexual intercourse with her. confidence or relationship on the part of the offender. .

(b) Guardian. . is entrusted with the education or custody of the woman seduced.Person liable 1. in any capacity. (c) Teacher. (d) Person who. Those who abused their authority – (a) Person in public authority.

3. (c) Domestic. (b) Ascendant who seduced his descendant. Those who abused confidence reposed in them – (a) Priest. . (b) House servant.2. Those who abused their relationship – (a) Brother who seduced his sister.

after solicitation or cajolery. Offended party is a virgin. 2. Offender takes her away with her consent. Elements 1. She is over 12 and under 18 years of age.Consented abduction (Art. 4. 3. The taking away is with lewd designs. 343). .

CRIMES AGAINST HONOR
Libel by means of writings or similar means (Art. 355);
A libel is a public and malicious imputation of a crime, or
of a vice or defect, real or imaginary, or any act, omission,
condition, status, or circumstances tending to cause the
dishonor, discredit, or contempt of a natural or juridical
person, or to blacken the memory of one who is dead.

Elements:
1. There must be an imputation of a crime, or of a vice or defect, real
or imaginary, or any act, omission, condition, status, or circumstance;
2. The imputation must be made publicly;
3. It must be malicious;
4. The imputation must be directed at a natural or juridical person, or
one who is dead;
5. The imputation must tend to cause the dishonor, discredit or
contempt of the person defamed.

Slander (Art. 358);
Slander is oral defamation.
Slander by deed (Art. 359);
Elements
1. Offender performs any act not included in any other crime against honor;
2. Such act is performed in the presence of other person or persons;
3. Such act casts dishonor, discredit or contempt upon the offended party.
Slander by deed refers to performance of an act, not use of words.

2. Committing through reckless imprudence any act which. . 3. would constitute a grave or less grave felony or light felony. 4.CRIMINAL NEGLIGENCE Quasi-offenses punished: 1. if done maliciously. Committing through simple imprudence or negligence an act which would otherwise constitute a grave or a less serious felony. Causing through simple imprudence or negligence some wrong which. would have constituted a light felony. Causing damage to the property of another through reckless imprudence or simple imprudence or negligence. had it been intentional.

the criminal negligence would only be simple. If the danger that may result from the criminal negligence is clearly perceivable. . the imprudence is reckless. If it could hardly be perceived.Distinction between reckless imprudence and negligence: The two are distinguished only as to whether the danger that would be impending is easily perceivable or not.

Medalle . Pros.Justice and Equity. Peter L.