Criminal Law Reviewer

Crime Elements Penalty Important Points to Remember

114 1. Offender is a Filipino citizen or an alien residing in the Filipino Citizen – RP to death and a fine 1. Treason cannot be committed in time of peace
Treason Philippines not to exceed P100,000 2. In treason by levying war, it is not necessary that
2. There is war in which the Philippines is involved there be a formal declaration of the existence of a
3. Offender either: Alien – RT to death and a fine not to state of war
1. levies war against the government exceed P100,000 3. The war must be directed against government
1. that there be an actual assembling of men, 4. The purpose of levying war is to deliver the country in
2. for the purpose of executing a treasonable No complex crime of treason with whole or in part to the enemy; must be in
design by force murder, physical injuries… collaboration with foreign enemy
2. or adheres to the enemies, giving them aid or 5. The aid or comfort given to the enemies must be
comfort Aggravating Circumstances: cruelty, after the declaration of war; the enemies must be
ignominy the subject of foreign power
Treason – branch of allegiance to a government, 1. No treason thru negligence
committed by a person who owes allegiance to it Art. 64 not strictly applied to treason 2. When common crimes are charged as overt acts
of treason, they cannot be regarded as
Allegiance – obligation of fidelity and obedience which Gravity of seriousness of acts of separate crimes or as complexed by treason.
the individuals owe to the government under which treason are considered 3. Treason by Filipino citizen may be
they live or to their sovereign, in return for the committed outside the Philippines
protection they receive; either permanent or 4. Treason is a continuous offense
temporary 5. Treason cannot be proved by circumstantial
evidence or extrajudicial confession of accused
Adherence to Enemy – intent to betray; when a citizen 6. Two witness rule is severely restrictive
intellectually or emotionally favors the enemy and 7. Sufficient that witnesses are uniform in their
harbors sympathies or convictions disloyal to his testimony on the overt act; it is not necessary
country’s policy or interests] that there be corroboration between them on the
point they testified
Aid or Comfort – an act which strengthens or tends to 8. Adherence may be proved by one witness, or
strengthen the enemy in the conduct of war against from the nature of the act itself, or from
the traitor’s country and an act which weakens or the
tends to weaken the power of the traitor’s country to circumstances surrounding the act
resist or to attack the enemy 1. Defense of suspended allegiance and change of
sovereignty is not accepted
Ways of Proving Treason: 2. Defense of obedience to de facto Government is
1. Testimony of 2 witnesses, at least, to the same overt acceptable
act; or 3. Defense of duress or uncontrollable fear
2. Confession of the accused in open court is acceptable
115 1. Conspiracy to Commit Treason PM and a fine not exceeding P10,000 The two witness rule does NOT apply to this article
Conspiracy and Proposal to
Commit Treason 2. Proposal to Commit Treason PC and a fine not exceeding P5,000
116 1. Offender must be owing allegiance to the Accessory to the crime of treason 1. Conspiracy is one to commit treason
Misprision of Treason government and not a foreigner 2. Article 116 is an exception to the rule that mere
2. He has knowledge of any conspiracy to commit silence does not make a person criminally liable
treason against the government
3. He conceals or does not disclose and make known the
same as soon as possible to governor or fiscal of
province or the mayor or fiscal of the city in which he
resides
117 1. By entering, without authority therefore, a warship, PC 1. Espionage – gathering, transmitting, or losing
Espionage fort or naval or military establishment or reservation Penalty next higher in degree shall be information respecting the national defense with
to obtain any information, plans, photographs or imposed if the offender be a public intent or reason to believe that the information is
other data of a confidential nature relative to the officer or employee. to be used to the injury of the RP or to the
defense of the Philippines advantage of any foreign nation
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Criminal Law Reviewer
Crime Elements Penalty Important Points to Remember
a. Offender enters any of the places mentioned 2. To be liable under paragraph 1, the offender must
therein have the intention to obtain information relative to
b. He has no authority therefore the defense of RP
c. His purpose is to obtain info, plans, etc. of a 3. It is not necessary that the information is obtained
confidential nature relative to defense of RP 4. Espionage distinguished from treason:
d. By disclosing to the representative of a foreign 2. Both are crimes not conditioned on citizenship
nation the contents of the articles, data, or 3. Espionage – may be committed in many ways,
information referred to in Par. No. 1 which he both in time of peace or war; Treason –
had in his possession by reason of the public 2 ways of committing; and only in time of war
office he holds
a. Offender is a public officer
b. He has in his possession the articles, etc. by
reason of the public office he holds
c. He discloses their contents to a representative of
a foreign nation
118 1. Offender performs unlawful or unauthorized acts RT if public officer or employee PM if 1. The intention of offender is immaterial
Inciting to War or Giving 2. Such acts provoke or give occasion for a war private individual 2. Committed in time of peace
Motives involving or liable to involve the Philippines or expose
Filipino citizens to reprisals on their persons or
property
119 1. There is a war which the Philippines is not involved PC 1. Neutrality – a nation or power which takes
Violation of Neutrality 2. There is a regulation issued by competent authority no part in a contest of arms going on between
for the purpose of enforcing neutrality others is referred to as neutral
3. Offender violates such regulation 2. There must be regulation issued by competent
authority for enforcement of neutrality
120 1. It is in time of war in which the Philippines is involved PC 1. Correspondence – communicating by means of
Correspondence with Hostile 2. Offender makes correspondence with an enemy letters; or it may refer to the letters which pass
Country country or territory that is occupied by enemy troops between those who have friendly or business
3. The correspondence is either relations
1. Prohibited by the government 2. Even if correspondence contains innocent matters,
if such has been prohibited by the government, it is
punishable
b. Carried in ciphers or conventional signs PM 3. Prohibition by the government is not essential in
paragraphs 1 and 2
c. Containing notice or information which might be RT if info may be useful to enemy RT to
4. Qualifying circumstances that must concur
useful to the enemy death if intention was to aid the enemy
together:
1. The notice or information might be useful to
the enemy
2. The offender intended to aid the enemy
121 1. There is a war which the Philippines is involved Arresto Mayor 1. An alien resident may be guilty of flight to enemy
Flight to Enemy’s Country 2. Offender must be owing allegiance to the country
government 2. Mere attempt to flee or go to enemy country
3. Offender attempts to flee or go to enemy country consummates crime
4. Going to enemy country is prohibited by competent 3. Article 121 must
authority be implemented by
the Government

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Crime Elements Penalty Important Points to Remember
122 1. Vessel is on the high seas or in Philippine waters RP 1. High Seas – any waters on the sea coast which
Piracy in General and Mutiny on 2. Offenders are not members of its complement or Same penalty shall be inflicted in case are without the boundaries of low-water mark,
the High Seas or in Philippine passengers of the vessel of mutiny on the high seas or in although such waters may be in the jurisdictional
Waters 3. Offenders either Philippine waters limits of a foreign government
1. attack or seize the vessel 2. Piracy Distinguished From Robbery in High
2. seize the whole or part of the cargo of said Seas
vessel, it’s equipment, or personal belongings of 1. In piracy offender is an outsider; in robbery,
its complement or passengers offender is member of crew or passenger
2. In both, there is intent to gain and manner of
Piracy – robbery or forcible depredation on the high committing the crime is the same
seas, without lawful authority and done with animo 3. Piracy Distinguished from Mutiny
furandi and in the spirit and intention of universal 1. In piracy, the offenders are strangers;
hostility in mutiny, they are members of the crew
or passengers
Mutiny – unlawful resistance to a superior officer, or the 2. In piracy, intent to gain is essential; in mutiny,
raising of commotions and disturbances on board a the intention may be to ignore ship’s officers
ship against the authority of the commander or to commit plunder
123 Qualifying Circumstances: Special complex crime punishable by 1. Any person who aids or protects pirates or abets
Qualified Piracy 1.Seized vessel by boarding or firing upon the same; or RP to Death regardless of number of the commission of piracy shall be considered as
2.Pirates have abandoned their victims without means of victims an accomplice
saving themselves; or 2. R.A. 6235 – An Act Punishing Certain Acts Inimical
3.Crime is accompanied by murder, homicide, physical to Civil Aviation
injuries or rape

124 1. Offender is a public officer or employee Not exceeded 3 days – A Mayor in 1. Legal Grounds for Detention of Prisoner:
Arbitrary Detention 2. He detains a person maximum to PC in minimum 1. the commission of a crime
3. Detention is without legal grounds More than 3 less than 15 days – PC in 2. violent insanity or o the ailment requiring the
medium and maximum compulsory confinement of the patient in a
Detention – when a person is placed in confinement or More than 15 not more than 6 months hospital
there is a restraint on his person – PM 2. Arrest without warrant is the usual cause of
Exceeded 6 mos. – RT arbitrary detention
Detention is without legal grounds: 3. Arrest Without Warrant, When Lawful (Sec. 5 Rule
1. When he has not committed any crime or, at least, 113)
there is no reasonable ground for suspicion that he a. Personal knowledge is required
has committed a crime; or b. A crime must in fact or actually have been
2. When he is not suffering from violent insanity or any committed
other ailment requiring compulsory confinement in a c. There is no reasonable ground if officer only
hospital wants to know the commission of crime
1. There is arbitrary detention thru imprudence
125 1. Offender is a public officer or employee Same as next preceding article: Within 1. If the offender is a private person, the crime is
Delay in Delivery of Detained 2. He has detained a person for some legal ground 12 hours for light penalties Within 18 illegal detention
Person to Proper Judicial 3. He fails to deliver such person to the proper judicial hours for corrective penalties 2. Detention must be for some legal ground
Authorities authorities within: Within 36 hours for afflictive or capital 3. Article 125 does not apply when the arrest is by
1. 12 hours for offenses punishable by light penalties virtue of a warrant of arrest but must be a lawful
penalties or their equivalent arrest
2. 18 hours for offenses punishable by corrective 4. Delivery does not consist in a physical delivery, but in
penalties or their equivalent making an accusation or charge or filing of an
3. 36 hours for offenses punishable by afflictive or information against person
capital or their equivalent 5. Duty of the detaining officer is deemed complied
with upon the filing of the complaint with the
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Crime Elements
Proper Judicial Authorities – means the courts of
justice or judges or said courts vested with judicial power
to order the temporary detention or confinement of a
person charged with having committed a public offense
Rights of Person Detained:
•He shall be informed of the cause of his detention
•He shall be allowed, upon his request, to communicate
and confer at anytime with his
attorney or counsel
Circumstances considered in determining liability
of officer detaining a person beyond legal period:
•means of communication
•hour of arrest
•other circumstances (time, etc.)
126 1. That offender is a public officer or employee
Delaying Release 2. There is a judicial or executive order for the release of
a prisoner or detention prisoner, or that
there is a proceeding upon a petition for the liberation of
such person
1. The offender without good reason delays:
1. the service of the notice of such order to the
prisoner
2. the performance of such judicial or executive
order for the release of the prisoner
3. the proceedings upon a petition for the release of
such person
127 1. Offender is a public officer or employee
Expulsion 2. He expels any person from the Philippines or compels
a person to change his residence
3. The offender is not authorized to do so by law
128 Acts Punished:
Violation of Domicile 1.By entering any dwelling against the will of the owner
thereof; or
2.By searching papers or other effects found therein
without the previous consent of such owner; or
3.By refusing to leave the premises, after having
surreptitiously entered said dwelling and after having
been required to leave the same
Elements Common to the Three Acts:
1.Offender is a public officer or employee
2.He is not authorized by judicial order to enter the
dwelling and / or to make a search therein for papers and
other effects
Penalty Important Points to Remember
judicial authority
6.Provisions of Article 125 may be waived if
person asks for preliminary examination
7.Violation of Article 125 does not affect legality
of confinement under process issued by a court
8.The illegality of the detention is not cured by
the filing of the information in court
9.Fiscal is not liable, unless he ordered detention
10.Article 125 distinguished from Article 124 – in
Art. 124, the detention is illegal from the
beginning; in
Art. 125, the detention is legal in the beginning but
the illegality of the detention starts from the
expiration of any of the periods of time specified
without person detained having been delivered to
proper judicial authority
Same as Article 124 Wardens and jailers are the public officers most likely
to violate Article 126
PC Only the court by a final judgment can order a person
to change his residence
PC in minimum 1. A public officer or employee is authorized
by judicial order when he is armed with a
PC in medium and maximum if with search warrant duly issued by the court
Qualifying circumstances of nighttime, 2. “Against the will of the owner” presupposes
or if any papers or effects not opposition or prohibition by said owner, whether
constituting evidence of a crime be not express or implied; if it is only without the
returned immediately consent of the owner, the crime is not committed
3. Right of officer to break into building or enclosure
(Sec 11 Rule 113, 1985 Rules on Criminal
Procedure)
4. Circumstances Qualifying the Offense:
1. If the offense is committed at nighttime; or
2. If any papers or effects not constituting
evidence of a crime are not returned
immediately after the search was made
5. Papers of other effects must be found in the
dwelling
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Crime
129
Search Warrants Maliciously
Obtained and Abuse in Service
of Those Legally Obtained
Elements
Acts Punished:
•By procuring a search warrant without just cause
1. Offender is a public officer or employee
2. Procures a search warrant
3. There is no just cause
1.By exceeding his authority or by using unnecessary
severity in executing a search warrant legally procured
1. The offender is a public officer or employee
2. He has legally procured a search warrant
3. He exceeds his authority or uses unnecessary
severity in executing the same
Search Warrant – an order in writing issued in the name
of the People of the Philippines, 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
Probable Cause – such reasons, supported by facts and
circumstances, as will warrant a cautious man in the belief
that his action, and the means taken in prosecuting it, are
legally just and proper
Penalty Important Points to Remember
Liability attaching to Offender for 1. Personal Property to be Seized:
commission of any other offense 1. Subject of the offense; or
(perjury) and 2. Stolen or embezzled and other proceeds or
A Mayor in maximum to PC in fruits of the offense; or
minimum and fine not exceeding 3. Used or intended to be used as the means of
P1,000 committing an offense
2. Search warrant will not issue except upon
probable cause
3. Search warrant is valid for 10 days from its date
4. The true test of lack of just cause is whether the
affidavit filed in support of the application for
search warrant has been drawn in such a manner
that perjury could be charged thereon and affiant
be held liable for damages caused
a. Search and seizure without warrant as an incident
to lawful arrest is legal
b. Peace officers may enter house of an offender
who committed an offense in their presence
c. Search and seizure of vessels without a search
warrant legal

130 1. The offender is a public officer or employee A Mayor in medium and maximum 1. Search – to go over or look thru for the purpose of
Searching Domicile Without 2. He is armed with search warrant legally procured finding something; to examine
Witnesses 3. He searches the domicile, papers or other belongings 2. Distinguish Article 128 from Article 130 –
of any person In violation of domicile, the public officer has
4. The owner, or any member of his family, or two not authority to make a search warrant; in Article
witnesses residing in the same locality are not 130, public officer has a search warrant
present
131 1. Offender is a public officer or employee PC in minimum 1. Private individual cannot commit this crime
Prohibition, Interruption, and 2. He performs any of the following acts: 2. Under paragraph 1, public officer must act without
Dissolution of Peaceful 1. Prohibiting or interrupting, without legal legal ground
Meetings ground, the holding of a peaceful meeting, or by 3. When the meeting to be held is not peaceful,
dissolving the same there is legal ground for prohibiting it
1. Hindering any person from joining any lawful 4. The right to peaceably assemble is not
association or from attending any of its meetings absolute and may be regulated
2. Prohibiting or hindering any person from 5. The offender must be a stranger, not a
addressing, either alone or together with others, participant, in the meeting
any petition to the authorities for the correction
of abuses or redress of grievances

132 1. Offender is a public officer or employee PC in minimum 1. Preventing a religious ceremony to take place
Interruption of Religious 2. Religious ceremonies or manifestations of any PC in medium and maximum if punishable under this article
Worship religion are about to take place or are going on committed with violence or threats 2. Reading a bible and then attacking
3. Offender prevents or disturbs the same certain churches in a public plaza is not a
Qualifying Circumstance: ceremony of manifestation of religion, but only a
- if the crime is committed with violence or threats meeting of a religious sect

133 1. Acts complained of were performed: A Mayor in maximum to PC in 1. It is not necessary that there is a religious
Offending the Religious 1. In a place devoted to religious worship, or minimum ceremony going on when the offender performs
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Crime Elements
Feelings b. During the celebration of any religious ceremony
2. The acts must be notoriously offensive to the
feelings of the faithful
Religious Ceremonies – religious acts performed
outside of a church, such as processions and
special prayers for burying dead person
134 1. There be a public uprising and taking arms against
Rebellion or Insurrection the Government
2. The purpose of the uprising or movement is either:
1. to remove from the allegiance to said
government or its laws:
1. the territory of the Philippines or any part
thereof; or
2. any body of land, naval or other armed
forces; or
2. To deprive the Chief Executive or Congress,
wholly or partially, of any of their powers or
prerogatives
Rebellion – used where the object of the movement is
completely to overthrow and supersede the existing
government
Insurrection – used in reference to a movement which
seeks merely to effect some change of minor
importance, or to prevent the exercise of
governmental authority with respect to particular
matters or subject
Rebellion distinguished from Treason:
1. Rebellion – levying of war during peace time for any
of the purposes mentioned; Treason –
performed in aid of enemy during wartime
1. Rebellion always involves taking up arms against
government; Treason may be committed by mere
adherence to the enemy, giving aid or comfort
134-A 1. Offender is a person(s) belonging to the military or
Coup d’etat police or holding any public office or employment
2. It is committed by means of a swift attack
accompanied by violence, intimidation, threat,
strategy or stealth
3. The attack is directed against duly constituted
authorities of the Philippines, or any military camp or
installation, communication networks, public utilities
or other facilities needed for the exercise and
continued possession of power
4. The purpose of the attack is to seize or diminish state
power
Penalty
RP – person who promotes, maintains
or heads rebellion or insurrection
RT – person merely participating or
executing commands of others
RT in maximum – person in
government service who participates,
or executes directions or commands of 2.
others in undertaking a coup d’etat
PM in maximum – person not in
government service who participates,
or in any manner supports, finances,
abets or aids in undertaking a coup
d’etat
Important Points to Remember
acts notoriously offensive to the feelings of the
faithful
•There must be deliberate intent to hurt the
feelings of the faithful
•Offense to feelings is judged from
complainant’s point of view
1. Rebellion or of inciting it is a crime of masses, of
a multitude
2. Actual clash of arms with the forces of the
government, not necessary to convict the accused
who is in conspiracy with others actually taking
arms against the government
3. Purpose of the uprising must be shown
4. It is not necessary that the purpose be
accomplished
5. Giving aid or comfort not criminal in rebellion
6. Rebellion distinguished from Subversion – rebellion
is a crime against public order; Subversion – like
treason, against national security
1. Mere silence or omission is not punishable in
rebellion
2. It is not a defense in rebellion that the
accuse never took the oath of allegiance to, or
that they never recognized the government
3. Those who killed persons in pursuance of
movement to overthrow government are liable for
rebellion only
4. There is no complex crime of rebellion with
murder and other common crimes (Hernandez ruling)
5. Killing, robbing, etc for a private purpose or
profit,
without any political motivation, would be
separately punished and would not be absorbed in
the rebellion
1. Coup d’ etat may be committed with or without
civilian participation
Those liable for Rebellion, Insurrection and/or Coup
d’ etat (Article 135)
1. Leaders
1. any person who promotes, maintains, or
heads a rebellion or insurrection
2. any person who leads, directs, or commands
others to undertake a coup d’etat
2. Participants
1. Any person who participates or executes
the commands of others in rebellion
or insurrection
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Crime Elements Penalty Important Points to Remember
Political Crimes Distinguished from Common ii. Any person in the government service who
Crimes participates, or executes directions or
-Political crimes are those directly aimed against the commands of others in undertaking a coup
political order, as well as such common crimes as may be d’etat
committed to achieve a political purpose iii. Any person not in the government service
-The decisive factor is the intent or motive who participates, supports, abets, or aids in
undertaking a coup d’etat
136 Conspiracy and Proposal to Commit Coup d’etat PM in minimum and fine not to exceed 1. Merely agreeing and deciding to rise publicly and
Conspiracy and Proposal to P8,000 take arms against the government for the purposes of
Commit Coup d’etat, rebellion or merely proposing the commission of
Conspiracy to Commit Rebellion or Insurrection PC in maximum and fine not to exceed
Rebellion or Insurrection said acts is already subject to punishment
P5,000
2. No conspiracy when there is no agreement and no
Proposal to Commit Rebellion or Insurrection PC in medium and fine not to exceed decision to commit rebellion
P2,000
137 1. Offender is a public officer or employee PC in minimum 1. The crime of disloyalty of public officers
Disloyalty of Public Officers 2. Commits any of the following acts of disloyalty: presupposes the existence of rebellion by other
1. Failing to resist a rebellion by all the means in persons
their power; 2. The offender under Article 137 must not be in
2. Continuing to discharge the duties of their offices conspiracy with the rebels
under the control of the rebels;
3. Accepting appointment to office under them
138 1. Offender does not take arms or is not in open hostility PM in minimum 1. Inciting to Rebellion Distinguished from Proposal
Inciting to Rebellion against the government a. in both, the offender induces another to
2. He incites others to the execution of any of the acts of commit rebellion
rebellion 1. in proposal, person who proposes has decided
3. The inciting is done by means of speeches, to commit rebellion; in inciting, it is not
proclamations, writings, emblems, banners or other required that offender has decided to commit
representations tending to the same end rebellion
1. in proposal, person who proposes uses secret
motive; in inciting, the act is done publicly
a. Rebellion should not be committed
139 1. The offenders rise publicly and tumultuously PM in minimum and a fine not 1. Sedition is the raising of commotions or
Sedition 2. They employ force, intimidation, or other means exceeding P10,000 – for the leader of disturbances in the state
outside of legal methods sedition 2. Sedition Distinguished from Rebellion
3. The offenders employ any of those means to attain 1. In both, there must be public uprising
any of the following objects: PC in maximum and a fine not 2. In sedition, it is sufficient that public
1. To prevent the promulgation or execution of any exceeding P5,000 – for other persons uprising is tumultuous; in rebellion, there
law or the holding of any popular election participating therein must be taking up of arms against the
2. To prevent the National Gov’t, or any provincial government
or municipal gov’t, or any public officer thereof 3. In sedition, the purpose of offenders may
from freely exercising its or his functions, or be political or social; in rebellion, it is
prevent the execution of any administrative always political
order 3. Sedition distinguished from treason – treason is
3. To inflict any act of hate or revenge upon the the violation by a subject of allegiance to
person or property of any public officer or sovereign; sedition is the raising of commotions or
employee disturbances in the State
4. To commit, for any political or social end, any act 4. Public uprising and an object of sedition must
of hate or revenge against private persons or concur
any social class; and 5. Common crimes are not absorbed in sedition

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Crime Elements
e. To despoil, for any political or social end, any
person, municipality or province, or the national
gov’t of all its property or any part thereof
141
Conspiracy to Commit Sedition
142 Different Acts Punished:
Inciting to Sedition 1.Inciting to Sedition to Accomplish any of its Objects:
1. Offender does not take direct part in the crime
of sedition
1. He incites others to the accomplishment of any of
the acts which constitute sedition
2. The inciting is done by means of speeches,
proclamation, writings, emblems, cartoons,
banners, or other representations tending to the
same end
•Uttering seditious words or speeches which tend to
disturb the public peace
•Writing, publishing or circulating scurrilous libels against
the government or any of the duly constituted authorities
thereof, which tend to disturb the public peace
1. Offender does not take direct part in the crime of
sedition
2. Commits any of the following acts of sedition
either 2 or 3
143 1. There be a projected or actual meeting of Congress
Acts Tending to Prevent the or any of its committees or subcommittees,
Meeting of Congress constitutional committees or divisions thereof, or of
any provincial board or city or municipal council or
board
2. The offender who may be any person prevents such
meeting by force or fraud
144 1. There be a meeting of Congress or any of its
Disturbance of Proceedings of committees or subcommittees, constitutional
Congress and Similar Bodies commissions or committees or divisions thereof, or of
any provincial board or city or municipal council or
board
2. The offender does any of the following acts:
1. He disturbs any of such meetings
2. He behaves while in the presence of any such
bodies in such a manner as to interrupt its
proceedings or to impair the respect due it.
Penalty
PC in medium and fine not to exceed
P2,000
PC in maximum and fine not to exceed
P2,000
PC or a fine ranging from P200 to
P2,000 or both
A Mayor or a fine of P200 to P1,000
Important Points to Remember
1. There must be an agreement and a decision to rise
publicly and tumultuously to attain any of the
objects of sedition
2. There is no proposal to commit sedition
1. Scurrilous – low, vulgar, mean or foul
2. Uttering seditious words or speeches and writing,
publishing or circulating scurrilous libels are
punishable, when:
1. they tend to disturb or obstruct any lawful
officer in executing the functions of his office;
or
2. they tend to instigate others to cabal and meet
together for unlawful purposes; or
3. they suggest or incite rebellious conspiracies
or riots; or
4. they lead or tend to stir up the people
against the lawful authorities or to disturb the
peace of
the community, the safety and order of the
government
1. Knowingly concealing such evil practices is treated
and punished as that of the principal
2. Two rules relative to seditious words:
1. Clear and Present Danger Rule
2. Dangerous Tendency Rule
Chief of police and mayor who prevented the meeting
of the municipal council are liable under Article 143,
when the defect of the meeting is not manifest
and requires an investigation before its existence
can be determined
1. The complaint for disturbance of proceedings may
be filed by a member of a legislative body
2. One who disturbs the proceedings of the congress
my also be punished for contempt
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Crime Elements
145 First Form
Violation of Parliamentary 1.The offender (any person) uses force, intimidation,
Immunity threats or fraud.
2.The purpose of the offender is to prevent any member
of Congress from:
1. Attending the meetings of Congress or any of its
committees, etc.; or
2. Expressing his opinion; or
3. Casting his vote
Second Form
1.Offender is a public officer or employee
2.He arrests or searches any member of Congress
3.Congress, at the time of arrest or search, is in regular or
special session
4.The member arrested or searched has not committed a
crime punishable under the Code by a penalty higher than
prision mayor
146 1. Any meeting attended by armed persons for the
Illegal Assemblies purpose of committing any of the crimes punishable
under the code
1. there is a meeting, a gathering or group of
persons, whether in a fixed place or moving
2. that the meeting is attended by armed persons
3. that the purpose of the meeting is to commit any
of the crimes punishable under the code
2. Any meeting in which the audience, whether armed
or not, is incited to the commission of treason,
rebellion or insurrection, sedition, or assault upon a
person in authority or his agents
1. there is a meeting, a gathering or group of
persons, whether in a fixed place or moving
2. the audience, whether armed or not, is incited to
the commission of the crime of treason, rebellion
or insurrection, sedition or direct assault
Persons liable for illegal Assembly:
1. Organizers or leaders of the meeting
2. Persons merely present at the meeting
147 Illegal Associations:
Illegal Associations 1.Associations totally or partially organized for the
purpose of committing any of the crimes punishable under
the Code
2.Associations totally or partially organized for some
purpose contrary to public morals
Persons Liable for Illegal Association:
1. Founders, directors and president of the association
Penalty
PM
PC
PC in maximum to PM in medium – for
organizers or leaders of any meeting
under this article
A Mayor – unarmed persons merely
present
PC – armed persons merely present
PC in minimum and medium and a fine Illegal Association distinguished from Illegal Assembly
not exceeding P1,000 – founders,
directors, and presidents A Mayor –
mere members of said association
Important Points to Remember
1. Parliamentary immunity does not protect members
of the Congress from responsibility before the
legislative body itself
2. It is sufficient that the offender, in using
force, intimidation, threats, or frauds, has the
purpose to prevent a member of Congress from
exercising any of his such prerogatives
1. Persons present at the meeting must be armed in
the first form of illegal assembly
2. But not all the persons present at the meeting of
the 1st form of illegal assembly must be armed
3. The unarmed person merely present at the
meeting of the 1st form of illegal assembly is liable
4. If any person present at the meeting carries an
unlicensed firearm:
1. It is presumed that the purpose of the meeting
insofar as he is concerned, is to commit acts
punishable under the Code; and
2. He is considered a leader or organizer of the
meeting
5. Meeting – includes a gathering or group, whether
in a fixed place or moving
•In Illegal Association, it is not necessary that there be
an actual meeting; In illegal Assembly, it is
necessary there is an actual meeting
•In illegal associations, it is the act of forming or
organizing and membership in association that are
punished; in Illegal Assembly, it is the meeting and
attendance at such meeting that are punished
•In illegal associations, the persons liable are the
founders, directors and president and the
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Crime Elements
2. Mere members of the association
148 Two Forms of Direct Assault and Their Requisites:
Direct Assaults 1.Without public uprising, by employing force or
intimidation, for the attainment of any of the purposes
enumerated in defining the crimes of rebellion and
sedition
• the offender employs force or intimidation
• the aim of the offender is to attain any of the
purposes of the crime of rebellion or any of the objects of
crime of sedition
• there is no public uprising
•Without public uprising, by attacking or employing force
or by seriously intimidating or by seriously resisting any
person in authority or any of his agents, while engaged in
the performance of official duties, or on the occasion of
such performance
Simple Assault:
• the offender makes an attack, employs force,
makes a serious intimidation, or makes a serious
resistance
• the person assaulted is a person in authority or
his agent
• at the time of the assault the person in authority
or his agent is engaged in the actual
performance of official duties, or that he is
assaulted by reason of the past performance of
official duties
• the offender knows that the one he is assaulting
is a person in authority or his agent in the
exercise of his duties
• there is no public uprising
Qualified Assault
•when the assault is committed with a weapon
•when the offender is a public officer or employee
•when the offender lays hands upon a person in authority
Person in Authority – any person directly vested with
jurisdiction, whether as an individual or as a member of
some court or governmental corporation, board or
commission, shall be deemed a person in authority
Agent of Person in Authority – one who, by direct
Penalty
PC in medium and maximum periods
and a fine not exceeding P1,000 –
when the assault is committed with a
weapon or when the offender is a
public officer or employee
PC in minimum period and a fine not
exceeding P500 – no circumstances
present
Important Points to Remember
members; In illegal assembly the person liable are
the organizers or leaders of the meeting, and
persons present at such meeting
1. It does not seem that the offended party in the
first form of direct assault must be a person in
authority or his agent
2. If the offended party is only an agent of a person
in authority, the force employed must be of
SERIOUS character to be direct assault
3. The force employed NEED NOT be serious when the
offended party is a person in authority
4. The intimidation or resistance must be serious
whether the offended party is an agent only or he is a
person in authority
1. The resist must be grave, therefore it must be
active resistance
2. Intimidation must produce its effects immediately
3. To determine whether a certain public officer is a
person in authority, the powers and duties vested
in him by law should be determined
4. The status of person in authority being a matter
of law, ignorance thereof is no excuse
5. Functions of the person in authority or his agent
must be clearly shown in the information
6. When a person in authority or their agents
descended to mattes which are private in nature,
an attack made by one against the other is not
direct assault
7. Even if the agent of a person in authority agrees to
fight, it still constitutes direct assault
8. If a person in authority or his agent goes beyond
the scope of the respective powers of
public
officers, if they are fixed, then they are considered
NOT in the performance of official duties
1. Knowledge of the accused that the victim is a
person in authority or his agent is essential
2. Defendant must have the intention to defy the
authorities
3. If is not necessary that the person in authority who
was assaulted was ACTUALLLY performing official
duties
4. Evidence of motive is important when the person
attacked or seriously intimidated is NOT in the
actual performance of his official duty
5. Where in the commission of direct assault, serious
or less serious physical injuries are also inflicted,
the offender is guilty of the complex crime of
direct assault with serious or less serious physical
injuries
6. the crime of slight physical injuries is absorbed in
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Criminal Law Reviewer
Crime Elements Penalty Important Points to Remember
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 a barrio vice-lieutenant, barrio
councilman and barrio policeman, and any person who
comes to the aid of persons in authority

To be an agent of a person of authority, one must be

charged with:
•maintenance of public order; and
•protection and security of life and property

Distinguish Direct Assault from Ordinary Assault:

• Direct assault are crimes against public order;
ordinary assaults are crimes against persons
• Direct assaults are triable by the Court of First
Instance
149 1. A person in authority or his agent is the victim of any PC in minimum and medium periods 1. Indirect assault can be committed only when a
Indirect Assaults of the forms of direct assault defined in Article 148 and a fine not exceeding P500 direct assault is also committed
2. A person comes to the aid of such authority or his 2. The offended party in indirect assault may be
agent a private person
3. The offender makes use of force or intimidation upon
such person coming to the aid of the authority or his
agent

150 Acts Punishable:
Disobedience to Summons •By refusing, without legal excuse, to obey summons of
Issued by Congress, its Congress, its special or standing committees and
Committees, etc. subcommittees or divisions, or by any commission or
committee chairman or member authorized to summon
witnesses
1.By refusing to be sworn or placed under
affirmation while being before such legislative or
constitutional body or official
1.By 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
2.By restraining another from attending as a witness in
such legislative or constitutional body
3.By inducing disobedience to a summons or refusal to be
sworn by any such body or official
151 Resistance and Serious Disobedience (Par.1):
Resistance and Disobedience to 1.A person in authority or his agent is engaged in the
a Person in Authority or Agents performance of official duty or gives a lawful order to the
of Such Person offender
2.The offender resists or seriously disobeys such person
in authority or his agent
3.The act of the offender is not included in the provisions
of Articles 148, 149, and 150
A Mayor or a fine ranging from P200 to 1. Article 150 applies only to disobedience WITHOUT
P1,000 – any person who having been legal excuse
summoned… 2. Any of the acts punished by Article 150 may also
constitute contempt of Congress
Same penalty – any person who shall 3. The court may take any action not amounting to
induce disobedience to a summons or a release of a prisoner of Congress
refusal to be sworn by any such body 4. The power of inquiry, with process to enforce it,
is
an essential and appropriate auxiliary to the
legislative functions
A Mayor and a fine not exceeding P500 Paragraph 1:
– any person shall resist or seriously 1.The juridical conception of the crime of resistance
disobey any person in authority and disobedience to a person in authority or his agents
consists in a failure to comply with orders directly
A Menor or a fine ranging from P10 to issued by the authorities in the exercise of their official
P100 – disobedience to an agent of a duties
person in authority is not of a 2.The person in authority must be in the actual
performance of his official duties
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Crime Elements
Simple Disobedience (Par. 2):
•An agent of a person in authority is engaged in the
performance of official duty or gives a lawful order to the
offender
•The offender disobeys such agent of a person in
authority
•Such disobedience is not of a serious nature
Direct Assault Distinguished from Resistance or
Serious Disobedience:
1.In direct assault, the person in authority or his agent
must be engaged in performance of official duties or that
he is assaulted by reason thereof, but in resistance, the
person in authority or his agent must be in actual
performance of his duties
2.Direct assault (2nd form) is committed in 4 ways;
Resistance is committed only by resisting or seriously
disobeying
3.In both, there is force employed, but the force in
resistance is not so serious, as there is no manifest
intention to defy the law; in direct assault it must be
serious and deliberate;
4.When the one resisted is a person in authority, the use
of any kind or degree of force will give rise to direct
assault; if no force is employed by the offender in
resisting or disobeying, the crime committed is resistance
153 Tumults and Other Disturbances of Public Order:
Tumults and Other •Causing any serious disturbance in a public place, office
Disturbances of Public Order or establishment
•Interrupting or disturbing performances, functions or
gatherings, or peaceful meetings, if the act is
not included in Articles 131 and 132
•Making any outcry tending to incite rebellion or sedition
in any meeting, association or public place
•Displaying placards or emblems which provoke a
disturbance of public order in such place
•Burying with pomp the body of a person who has been
legally executed
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
Circumstances Qualifying the Disturbance or
Interruption
- if tumultuous in character
Tumultuous – the disturbance or interruption shall be
Penalty
serious nature
A Mayor in medium to PC in minimum 1.
and a fine not exceeding P1,000
Penalty next higher in Degree –
person causing any disturbance or
interruption of a tumultuous character
A Mayor – person who shall make any
outcry tending to incite rebellion or 3.
sedition
A Menor and a fine not to exceed P200
– bury with pomp the body of a person
legally executed
Important Points to Remember
3. The disobedience contemplated consists in the
failure or refusal to obey a direct order from the
authority or his agent
4. The accused must have knowledge that the
person arresting him is a peace officer
5. There is justified resistance when the accused had
no right to make the search
Paragraph 2:
3. The order must be lawful
4. If the disobedience to an agent of a person in
authority is of a serious nature, the offender should
be punished under par. 1 of Article 151
5. When the attack or employment of force is
not deliberate, the crime is only resistance
or disobedience
Serious disturbance must be planned or intended
2. If the act of disturbing or interrupting a meeting
or religious ceremony is not committed by
public officers, or if committed by public officers
they are participants therein, Article 153 should be
applied
Inciting to Sedition or Rebellion distinguished from
Public Disorder – It is necessary that offender
should have done the act with the idea
aforethought of inducing his hearers or readers to
commit the crime of rebellion or sedition; if the
outcry is more or less unconscious outburst, which,
although rebellious or seditious in nature, is not
intentionally calculated to induce others to commit
rebellion or sedition, it is only public disorder
4. One who fired a submachine gun to cause
disturbance, but inflicted serious physical injuries
on another, may be prosecuted for 2 crimes
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Crime Elements
deem as such if caused by more than three persons who
are armed or provided with means of violence
154 Acts Punished as Unlawful Use of Means of
Unlawful Use of Means of Publication and Unlawful Utterances:
Publication and Unlawful •Publishing or causing to be published, by means of
Utterances printing, lithography or any other means of publication, as
news any false news which may endanger the public
order, or cause damage to the interest or credit of the
State
•By encouraging disobedience to the law r 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
•By maliciously publishing or causing to be published any
official resolution or document without proper authority,
or before they have been published officially
•By printing, publishing or distributing (or causing the
same) books, pamphlets, periodicals, or
leaflets which do not bear the real printer’s name, or
which are classified as anonymous
155 Acts Punished as Alarms and Scandals:
Alarms and Scandals
•Discharging any firearm, rocket, firecracker, or other
explosive within any town or public place, calculated to
cause (which produces) alarm or danger
1.Instigating or taking an active part in any charivari or
other disorderly meeting offensive to another or
prejudicial to public tranquility
•Disturbing the public peace while wandering about at
night or while engaged in any other nocturnal
amusements
•Causing any disturbance or scandal in public places while
intoxicated or otherwise, provided Article 153 is not
applicable
156 1. There is a person confined in a jail or penal
Delivering Prisoners from Jail establishment
2. The offender removes therefrom such person, or
helps the escape of such person
Qualifying Circumstance
- What constitutes the qualifying circumstance is the
offender’s act of employing bribery as a “means” of
removing or delivering the prisoner from jail, and not
the offender’s act
Penalty
A Mayor and fine ranging from P200 to
P1,000
A Menor or a fine not exceeding P200
A Mayor in maximum to PC in
minimum – any person who shall
remove from any jail any person
confined therein or shall help escape of
such person by means of violence,
intimidation or bribery Same Penalties 4. The guard of the jail, who is off duty, may be
in Minimum – if escape should take
place outside of said establishment by 5. Violence, intimidation or bribery is not necessary
taking guards by surprise
Important Points to Remember
1. It is not necessary that the publication of the
false news actually cased public disorder or
caused damage to the interest or credit of the
State; the mere possibility of causing such danger
or damage is sufficient
2. The offender must know that the news is false
3. If there is no possibility of danger to the
public order or of causing damage to the interest or
credit of the state by the publication of the false news
1. It is the result, not the intent that counts. The
act must produce alarm or danger as a consequence
2. The discharge of the firearm should not be aimed
at a person, otherwise, the offense would fall under
Article 254
3. Article 155 does not make any distinction as to
the particular place in the town or public place
where the discharge of firearm, rocket, etc. is
effected
4. The discharge of firecrackers or rockets during
fiestas or festive occasion are not covered by this
Article
1. Disturbance of serious nature falls under Article
153
2. Charivari – medley of discordant voices, a mock
serenade of discordant noises made on kettles,
tins, horns, etc. designed to annoy and incite
1. Person may be under detention only or by final
judgment
2. Hospital or asylum considered as an extension of
jail or prison
3. Offender is usually an outsider
held liable for delivering prisoner from jail
6. Employment of deceit is not an element of the
offense
7. If the crime committed by the prisoner for which
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Criminal Law Reviewer
Crime Elements
of receiving or agreeing to receive a bribe as a
consideration fro committing the offense
157 1. Offender is a convict by final judgment
Evasion of Service of Sentence 2. He is serving his sentence which consists in
deprivation of liberty
3. He evades the service of the sentence by escaping
during the term of his sentence
Qualifying Circumstances:
1. by means of unlawful entry (by scaling);
2. by breaking doors, windows, gates, walls, roofs or
floors;
3. by using picklocks, false keys, disguise, deceit,
violence, or intimidation; or
4. thru connivance with other convicts or employees of
penal institution
158 1. The offender is a convict by final judgment, who is
Evasion on Occasion of confined in a penal institution
Disorders 2. There is a disorder, resulting from: conflagration,
earthquake, explosion, similar catastrophe, or
mutiny in which he has not participated
3. 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. 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
Mutiny – organized unlawful resistance to a superior
officer; a sedition or revolt; does not include a riot or
if prisoners disarmed the guards and escaped since
they are not their superior officers
159 1. Offender was a convict
Violation of Conditional Pardon 2. He was granted a conditional pardon by the Chief
Executive
3. He violated any of the conditions of such pardon
Conditional Pardon – a contract between the Chief
Executive, who grants the pardon, and the convict,
who accepts it
Penalty
PC in medium and maximum – escape
during term of imprisonment PC in
maximum – if it shall take with any of
the qualifying circumstances
enumerated
Increase of 1/5 of time still remaining
to be served under the original
sentence, which in no case shall
exceed six months
Deduction provided in Article 98 – if
convict shall give himself up within 48
hours
PC in minimum period – if penalty
remitted does not exceed 6 years
Unexpired Portion of Original Sentence 2.
– if penalty remitted is higher than 6
years
Important Points to Remember
he is confined or serving sentence is treason,
murder or parricide, the act of taking the place of
the prisoner in the prison is that of an accessory
and he may be held liable as such, because
he assists in the escape of the principal
8. Prisoner is criminally liable for leaving the
penal institution only when there is evasion of a
sentence
1. The sentence must be “by reason of final
judgment”
2. This article is not applicable to sentence executed
by deportation
3. Escape – flee from, to avoid, to get out of the
way, as to flee to avoid arrest
1. Article 157 is applicable to sentence of destierro,
since it consists in a deprivation of liberty
2. Unlawful entry – scaling or climbing the wall
1. Offender must be a convict by final judgment
2. The convict must leave the penal institution
3. What is punished is not the leaving of the penal
institution, but the failure of the convict to
give himself up to the authorities within 48 hours
after the proclamation announcing the passing
away of the calamity
4. If offender fails to give himself up, he gets
an increased penalty
5. If offender gives himself up he is entitle to a
deduction of 1/5th of his sentence
1. The court cannot require the convict to serve the
unexpired portion of his original sentence if it
does not exceed 6 years
Violation of conditional pardon is not a substantive
offense, because the penalty for such violation is
the unexpired portion of the punishment in the
original sentence
3. Condition extends to special laws
4. Offender must be found guilty of subsequent
offense before he can be prosecuted under Article
159
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Crime Elements Penalty Important Points to Remember
5. Offender can be arrested and re-incarcerated
without trial
6. The period when convict was at liberty, not
deducted in case he is recommitted
7. Duration of the conditions subsequent is limited to
the remaining period of the sentence
160 Quasi-Recidivism Besides the provisions of Rule 5 Article 1. Second crime must be a felony; but the first
Commission of Another Crime 1.The offender was already convicted by final judgment of 62, Maximum of penalty prescribed by crime for which the offender is serving sentence
During Service of Penalty one offense law for the new felony need not be a felony (could be under a special law)
Imposed for Another Previous 2.He committed a new felony before beginning to serve 2. Quasi-Recidivism cannot be offset by ordinary
Offense such sentence or while serving the same mitigating circumstances
3. A quasi-recidivist, who is not a habitual criminal,
Quasi-Recidivism Distinguished from Reiteracion may be pardoned at the age of 70 years if he has
– reiteracion requires that the offender against who it is already served out his original sentence or when he
considered shall have served out his sentences for the shall complete it after reaching said age
prior offenses
161 Acts Punished: RT 1. The offense is not falsification of public document
Forging the Seal of the Gov’t, 1.Forging the Great Seal of the Government of the 2. The President has custody and use of the Great
Signature or Stamp of the Chief Philippines Seal
Executive 2.Forging the signature of the president 3. The signature of the President must be forged
3.Forging the stamp of the president
162 1. That the Great Seal of the Republic was counterfeited P Mayor The offender under this article should not be the forger.
Using Forged Signature or or the signature or stamp of the Chief Executive was
Counterfeit Seal or Stamp forged by another person
2. The offender knew of the counterfeiting or forgery
3. He used the counterfeit seal or forged signature or
stamp
163 1. There be false or counterfeited coins PM in minimum and medium and a fine 1. A coin is false or counterfeited if it is forged or if
Making and Importing and 2. The offender either made, imported or uttered such not to exceed P10,000 – silver coin of it is not authorized by the government as legal
Uttering False Coins coins Philippines or coin of CB tender, regardless of its intrinsic value
3. That in case of uttering such false or counterfeited PC in minimum and medium and a fine 2. Former coins withdrawn from circulation may
coins, he connived with the counterfeiters or not to exceed P2,000 – minor be counterfeited under Article 163
importers coinage of the Philippines or CB PC in 3. Kinds of coins the Counterfeiting of which
minimum and a fine not to is Punished:
Coin – is a piece of metal stamped with certain marks and exceed P1,000 – currency of foreign 1. Silver coin of the Philippines or coin of
made current at a certain value country the Central Bank of the Philippines
2. Coin of minor coinage of the Philippines or of
Counterfeiting – means the imitation of a legal or the Central Bank of the Philippines
genuine coin; there must be an imitation of the 3. Coin of the currency of a foreign country
peculiar design of a genuine coin

Import – means to bring them into port

Utter – means to pass counterfeited coins; includes their

delivery or act of giving them away

164 Acts Punished: PC in minimum and a fine not to 1. Mutilation – means to take off part of the metal
Mutilation of Coins 1. Mutilating coins of the legal currency, with further exceed P2,000 either by filing it or substituting it for another
requirement that there be intent to damage or to metal of inferior quality; to diminish by ingenuous
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Crime Elements Penalty Important Points to Remember
defraud another means the metal in the coin
2. Importing or uttering such mutilated coins, with •The coin must be of legal tender in mutilation
the further requirement that there must be •Coins of foreign country not included
connivance with the mutilator or importer in case of
uttering
165 1. Possession of coin, counterfeited or mutilated by Penalty lower by one degree than that 1. Possession of or uttering false coin does not require
Selling of False or Mutilated another person, with intent to utter the same, prescribed in said articles that the counterfeited coin is legal tender
Coins, Without Connivance knowing that it is false or mutilated 2. Constructive possession included
1. Possession 3. Possession of counterfeiter
2. With intent to utter or importer not punished as
3. Knowledge separate offense
2. Actually uttering such false or mutilated coins, 4. Accused must have knowledge of the fact that the
knowing the same to be false and mutilated coin is false
1. Actually uttering 5. Punishable even if the offender was not in
2. Knowledge connivance with counterfeiter or mutilator
166 Acts Punishable: RT in minimum and fine not to exceed 1. Uttering forged bill must be with connivance to
Forging Treasury or Bank Notes 1.Forging or falsification of treasury or bank notes or P10,000 – obligation or security of constitute a violation of Article 166
or Other Documents Payable to other documents payable to bearer Philippines 2. Notes and other obligations and securities that may
Bearer 2.Importation of such false or forged obligations or notes P Mayor in maximum period and a fine be forged or falsified under Article 166:
3.Uttering of such false or forged obligations or notes in not to exceed P5,000 – circulating 1. Treasury or bank notes,
connivance with the forgers or importers note issued by any banking association 2. Certificates
duly authorized by law 3. Other obligations and securities, payable to
Forging – committed by giving to a treasury or bank note P Mayor in medium and a fine not to bearer
or any instrument payable to bearer or to order the exceed P5,000 – issued by foreign 3. A bank note, certificate or obligation and security is
appearance of a true and genuine document; to forge an gov’t payable to bearer when it can be negotiated by
instrument is to make false instrument intended to be P Mayor in minimum and a fine not to mere delivery
passed for the genuine one exceed P2,000 – circulating note or bill 4. Penalties depend upon the kind of forged treasure
issued by foreign bank duly authorized or bank notes or other documents
Falsification – committed by erasing, substituting, therefore 5. Forgery is Committed: (Article 169)
counterfeiting, or altering by any means, the figures, 1. By giving to a treasury or bank note or any
letters, words, or signs contained therein instrument payable to bearer or to
order mentioned therein, the appearance of a
Importation – means to bring them into the Philippines, true and genuine document
which presupposes that the obligations or notes are 2. By erasing, substituting, counterfeiting, or
forged or falsified in a foreign country altering by any means the figures, letters,
words, or sign contained therein
Uttering – means offering obligations or notes knowing
them to be false or forged, whether such offer is accepted
or not, with a representation, by words or actions, that
they are genuine and with an intent to defraud

Obligation or Security – all bonds, certificates of

indebtedness, national bank notes, coupons, treasury
notes, fractional notes, certificates of deposits, bills,
checks, drafts for money, and other representatives of
value under any act of Congress

167 1. There be an instrument payable to order or other PC in medium and maximum and a fine 1. Application of this article is limited to instruments
Counterfeiting Instruments document of credit not payable to bearer not to exceed P6,000 payable to order
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Criminal Law Reviewer
Crime
Not Payable to Bearer
168
Illegal Possession and use of
False Treasury or Bank Notes
and Other Instruments of
Credit
170
Falsification of Legislative
Documents
171
Falsification by Public Officer,
Employee, or Notary or
Ecclesiastical Minister
Elements
2. The offender either forged, imported or uttered such
instrument
3. In case of uttering, he connived with the forger or
importer
1. That any treasury or bank not or certificate or other
obligation and security payable to bearer, or any
instrument payable to order or other document of
credit not payable to bearer is forged or falsified by
another person
2. The offender knows that any of those instruments is
forged or falsified
3. He performs any of these acts:
1. using any of such forged or falsified instruments
2. possessing with intent to use any of such forged
or falsified instruments
1. That there be a bill, resolution or ordinance enacted
or approved or pending approval by either House of
the Legislature or any provincial board or municipal
council
2. The offender alters the same
3. He has no proper authority therefore
4. The alteration has changed the meaning of the
document
1. Offender is a public officer, employee or notary public
2. He takes advantage of his official position
1. He has duty to make or to prepare or otherwise
intervene in the preparation of the document; or
2. He has the official custody of the document
which he falsifies
3. That he falsifies a document by committing any of the
following acts:
1. counterfeiting or imitating (feigning) any
handwriting, signature or rubric
1. that there be an intent to imitate, or an
attempt to imitate
2. that the 2 signatures or handwritings, the
genuine and the forged, bear some
resemblance to each other
2. causing it to appear that persons have
participated in any act or proceeding when they
did not in fact so participate
1. the offender caused it to appear in a
document that a person(s) participated in an
act or proceeding
2. That such person(s) did not in fact so
participate in the act or proceeding
3. Attributing to person who have participated in
Penalty
Penalty next lower in degree than that
prescribed in said articles
PC in maximum and a fine not to
exceed P6,000
P Mayor and a fine not to exceed
P5,000 – first paragraph
Same penalty – ecclesiastical minister
Important Points to Remember
2. It includes such instruments or document of credit
issued by a foreign government or bank
3. Connivance is not required in uttering if the
utterer is the forger
1. Intent to posses is not intent to use
2. Possession of false treasury or bank notes alone is
not a criminal offense
3. Accused must have knowledge of forged character
of the note
4. A person in possession of falsified document and
who makes use of the same is presumed to be
material author of falsification
1. It is not an impossible crime when the act
performed would have been a crime of illegal
possession of false treasury notes
1. Bill, resolution or ordinance must be genuine
2. Offender is any person
3. The act of falsification in legislative document is
limited to altering it which changes its meaning
1. In falsification by making alteration or intercalation
or including in a copy a different statement, there
must be a genuine document that is falsified; in
other paragraphs, falsification may be committed
by simulating or fabricating a document
2. Paragraph 1
1. Counterfeiting – imitating any handwriting,
signature or rubric
2. Feigning – simulating a signature, handwriting
or rubric out of one which does not in
fact exist
3. Paragraph 2 – when committed by a
private individual, Article 172 should apply
4. Paragraph 4
1. There must be a narration of facts, not of
conclusion of law
2. Legal Obligation – there is a law requiring the
disclosure of the truth of the facts narrated
3. Person making the narration of facts must be
aware of the falsity of the facts narrated by
him
4. Perversion of truth must be made with the
wrongful intent of injuring 3rd person
5. Wrongful intent not essential when the
document falsified is a public document
6. Good faith is a defense
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Criminal Law Reviewer
Crime Elements Penalty Important Points to Remember
an act or proceeding statements other than g. Falsification by omission is punishable
those in fact made by them •Paragraph 5 – Date must be essential
•that a person(s) participated in an act or •Paragraph 7
proceeding 5. liability of private individual when there is
•that such person(s) made statements in that conspiracy – same as public officer
act or proceeding • Intent to gain or prejudice not necessary
•that the offender, in making the document,
attributed to such person(s) statements other
than those in fact made by such person(s)
•Making untruthful statements in a narration of
facts
• that the offender makes in a document
statements in a narration of facts
• that he has a legal obligation to disclose the
truth of the facts narrated by him
• that the facts narrated by the offender are
absolutely false
•Altering true dates
•Making any alteration or intercalation in a
genuine document which changes its meaning
• that there be an alteration (change) or
intercalation (insertion) on a document
• that it was made a genuine document
• that the alteration or intercalation has
changed the meaning of the document
• that the change made the document speak
something false
•Issuing in authenticated form a document
purporting to be a copy of any original document
when no such original exists, or including in such
copy a statement contrary
to, or different from that of the genuine original
•Intercalating any instrument or note relative to
the issuance thereof in a protocol, registry or
official book.
4. In case the offender is an ecclesiastical
minister, 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

172 Acts Punished and Their Requisites: PC in medium and maximum and a fine Paragraph 1
Falsification by Private of not more than P5,000 1.Four Kinds of Documents
Individuals and use of Falsified 1.Falsification of public, official or commercial document 1. Public Document – created, executed or issued
Documents by a private individual by a public official in response to exigencies
• that the offender is a private individual or a of public service, or in execution of which
public officer or employee who did not take a public official intervened
advantage of his official position 2. Official Document – issued by a public official
• that he committed any of the acts of falsification in exercise of the functions of his office
enumerated in Article 171 a. Private Documents – deed or instrument

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Criminal Law Reviewer
Crime Elements
c. that the falsification was committed in a public or
official or commercial document
• Falsification of private document by any person
• that the offender committed any of the acts of
falsification, except those in paragraph 7,
enumerated in Article 171
• that the falsification was committed in any
private document
• that the falsification caused damage to a third
party or at least the falsification was committed with
intent to cause such damage
• Use of falsified document
Introducing in Judicial Proceeding:
• that the offender knew that a document was
falsified by another person
• that the false document is embraces in Article
171 or in any subdivision no 1 or 2 or Article 172
• that he introduced said document in evidence in
any judicial proceeding
Use in Any Other Transaction:
• that the offender knew that a document was
falsified by another person
• that the false document is embraced in Article
171 or in any of subdivision no. 1 or 2 of Article 172
• that he used such document (not in judicial
proceedings)
• that the use of the false documents caused
damage to another or at least it was used with intent
to cause such damage
Penalty Important Points to Remember
executed by a private person without the
intervention of notary public or other person
legally authorized, by which document some
disposition or agreement is proved, evidenced
or set forth
d. Commercial Documents – defined
and regulated by the Code of Commerce or
any other commercial law
•Mere blank form of official document is not
in itself a document
•Possessor of a certificate of tile is presumed
to be the author of the falsification that made
possible the transfer of title
•Possessor of falsified document is presumed
to be author of falsification
•Good faith is a defense Paragraph 2
•Mere falsification is not enough; requires:
• he must have counterfeited the false document
• he must have performed an independent act
which operates to prejudice 3rd person
•Damage need not be material
•not necessary that offender profited or
hope to profit by falsification
•Falsification may be a necessary means to
commit other crimes
• no complex crime of estafa thru falsification
of private document
• no falsification thru reckless imprudence if
document is private and no actual damage is
caused
• crime is falsification of public document, even
if falsification took place before the private
document becomes part of public records
Generally, falsification has no attempted or
frustrated stage
Paragraph 3
•Damage not necessary in crime of
introducing in judicial proceedings; Intent to
cause damage, at least, is required in use of
falsified document in proceeding not judicial
•User deemed author of falsification if
• the use was so closely connected in time with
falsification
• the user had the capacity of falsifying the
document

173 Acts Punishable PC in medium and maximum – 1. Private individual cannot be a principal by direct
Falsification of Wireless, Cable, 1.Uttering fictitious wireless, telegraph or telephone falsification participation in falsification of telegraphic
Telegraph and Telephone message Penalty next lower in degree – use of dispatches
Messages • That the offender is an officer or employee of such falsified dispatch 2. Private individual may be held liable as principal
by
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Criminal Law Reviewer
Crime
174
Falsification of Medical
Certificates, Certificates of
Merit or Service
175
Using False Certificates
176
Mnftg and Possession of
Implements for Falsification
177
Usurpation of Authority or
Elements Penalty Important Points to Remember
the government or of a private corporation, inducement in falsification of telegraph dispatches
engaged in the service of sending or receiving or telephone messages
wireless, cable or telephone message
•That the offender commits any of the following
acts:
• uttering fictitious wireless, cable, telegraph or
telephone message
• falsifying wireless, cable, telegraph or
telephone message
•Falsifying wireless, telegraph or telephone
message
* same as above
•Using such falsified message
• that the accused knew that wireless, cable,
telegraph, or telephone message was falsified
by any of the person specified in the 1st
paragraph of Article 173
• that the accused used such falsified dispatch
• that the use of the falsified dispatch resulted in
the prejudice of a 3rd party, or that the use
thereof was with intent to cause such
prejudice
Persons Liable: A Mayor in Maximum to PC in minimum 1. Certificate – any writing by which testimony
1.Physician or Surgeon – must refer to illness or injury of and a fine not to exceed P1,000 is given that a fact has or has not taken place
a person; called “False Medical Certificate by a Physician” 2. Falsification of certificate of large cattle is now
2.Public Officer – includes merit,, service, good conduct covered by Article 171 or 172 and not 174
or similar circumstances; called “False Certificate of Merit
or Service by a Public Officer”
3. Private Individual – “ False Medical Certificate by a A Mayor
Private Individual” or “False Certificate of Merit by a
Private Individual”
1. That the physician or surgeon had issued a false A Menor
medical certificate, or a public officer had issued a
false certificate of merit or service, good conduce or
similar circumstance, or a private person had falsified
any of said certificates
2. that the offender knew that the certificate was false
3. that he used the same
Acts Punished: PC in medium and maximum and a fine 1. Implements confiscated need not form a complete
•Making or introducing in to the Philippines any not to exceed P10,000 set
stamps, dies, marks or other instruments or implements Penalty next lower in degree 2. Also punished constructive possession
for counterfeiting or falsification
1.Possessing with intent to use the instruments or
implements for counterfeiting or falsification made in or
introduced into the Philippines by another person
Two Ways of Committing the Crime: PC in minimum and medium periods 1. There must be positive, express and explicit
1. By knowingly and falsely representing oneself to representation
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Criminal Law Reviewer
Crime
Official Functions
Elements
be an officer, agent or representative of any
department or agency of the Philippine Government
or any foreign government
- In usurpation of authority, the mere act of
knowingly and falsely representing oneself to be an
officer, etc. is sufficient; it is not necessary that he
performs an act pertaining to a public officer
2. By performing any act pertaining to any person
in authority or public officer of the Philippine
Government or of a foreign government or any
agency thereof, under pretense of official position,
and without being lawfully entitled to do so
- In usurpation of official functions, it is essential that
the offender should have performed an act pertaining
to a person in authority or public officer, in addition to
other requirements
Penalty Important Points to Remember
2. The offender should have represented himself to be
an officer, agent or representative of any
department or agency of the government; or
should have performed an act pertaining to a
person in authority or public officer
3. False representation may be shown by acts
4. Article 177 may be violated by a public officer
5. Article 177 does not apply to occupant under
color of title
6. Article 177 punishes usurpation of authority or
official functions of any officer of any foreign
government
2. The act performed, without the offender being
lawfully entitled to do so, must pertain to the
government, or to any person in authority, or to
any public officer

178 Using Fictitious Name: A Mayor and a fine not to exceed P500 1. If the purpose is for causing damage, it must be
Using Fictitious Name and 1.The offender uses a name other than his real name – use of fictitious name damage to public interest
Concealing True Name •He uses that fictitious name publicly 2. Signing a fictitious name in an application for
1.The purpose of the offender is to conceal a crime, to A Menor and a fine not to exceed P200 passport is publicly using such fictitious name
evade the execution of a judgment, or to cause damage to – conceal true name 3. Where a person takes the place of another who has
public interest been convicted by final judgment, he is guilty of
Concealing True Name: using a fictitious name punishable under this Article
1.That the offender conceals his true name and all other 4. Fictitious Name – any other name which a person
circumstances publicly applies to himself without authority of law
2.That the purpose is only to conceal his identity 5. Com Act No. 142 regulates the use of aliases

Distinction Between Use of Fictitious Name and

Concealing True Name:
1.In use, the element of publicity must be present;
in concealing true name, that element is not necessary
1.The purpose of use of fictitious name is any of those 3
enumerated; in concealing true name, it is merely to
conceal identity

179 1. That the offender makes use of insignia, uniform or A Mayor 1. Wearing the uniform of an imaginary office is not
Illegal Use of Uniforms or dress punishable
Insignia 2. That the insignia, uniform or dress pertains to an 2. An exact imitation of a uniform or dress is
office not held by the offender or to a class of persons unnecessary
of which he is not a member
3. That said insignia, uniform or dress is used publicly
and improperly
180 1. That there be a criminal proceeding RT if the defendant shall have been 1. Penalty for false testimony against the defendant in a
False Testimony Against a 2. That the offender testifies falsely under oath against sentenced to death criminal case depends upon the sentence
Defendant the defendant therein PM if defendant shall have been imposed on the person against whom the false
3. That the offender who gives false testimony knows sentenced to RT or Perpetua testimony was given
that it is false A Mayor if defendant shall have been 2. Defendant must be sentenced at least to a
4. that the defendant against whom the false sentenced to correctional correctional penalty, or a fine, or must be acquitted
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Criminal Law Reviewer
Crime Elements Penalty Important Points to Remember
testimony is given is either acquitted or convicted in a penalty or a fine, or shall have been 3. Witness who gave false testimony is liable even if
final judgment acquitted his testimony was not considered by the court
4. The law intends to punish the mere giving of false
False Testimony – committed by a person who, testimony
being under oath and required to testify as to the
truth of a certain matter at a hearing before a
competent authority, shall deny the truth or say
something contrary to it

Nature of Crime of False Testimony – particularly

odious when committed in judicial proceedings, as it
constitutes an imposition upon the court and
seriously exposes it to a miscarriage of justice
181 Nature of the Crime – False testimony favorable to the A Mayor in max to PC in minimum and 1. False testimony by negative statement is in favor
False Testimony Favorable to defendant is equally repugnant to the orderly a fine not to exceed P1,000 – if of defendant
Defendant administration of justice prosecution is for a felony punishable 2. The false testimony favorable to the defendant
by an afflictive penalty A Mayor – in need not benefit the defendant
False testimony is punished because of its tendency to any other case 3. Rectification made spontaneously after realizing
favor or to prejudice the defendant the mistake is not false testimony
182 1. That the testimony must be given in a civil case PC in minimum and a fine not to 1. The testimony given in civil case must be false
False Testimony in Civil Cases 2. That the testimony must relate to the issues exceed P6,000 2. Article 182 is not applicable when the false
presented in said case testimony is given in special proceedings
3. That the testimony must be false A Mayor in max to PC in minimum and 3. Penalty depends on amount of the controversy
4. That the false testimony must be given by the fine not to exceed P1,000 1. PC in minimum and a fine not to exceed
defendant knowing the same to be false P6,000 – if amount in controversy shall exceed
5. That the testimony must be malicious and given with P5,000
an intent to affect the issues presented in said case 2. A Mayor in max to PC in minimum and fine
not to exceed P1,000 – if amount in
controversy shall not exceed said amount or
cannot be estimated
183 1. Two ways of Committing Perjury A Mayor in maximum to PC in 1. There must be competent proof of materiality
False Testimony in Other Cases a. By falsely testifying under oath; and minimum 2. Distinguish:
and Perjury in Solemn b. By making a false Affidavit 1. Material – when it is directed to prove a fact in
Affirmation 2. Elements of Perjury issue
a. That the accused made a statement under oath 2. Relevant – when it tends in any
or executed an affidavit upon a material matter reasonable degree to establish the
b. That the statement or affidavit was made before probability or improbability of a fact in issue
a competent officer, authorized to receive and 3. Pertinent – when it concerns collateral matters
administer oath which make more or less probable the
c. That in the statement or affidavit, the accused proposition at issue
made a willful and deliberate assertion of a 3. If the false testimony given by the witness Is not
falsehood; and important, essential or material to the principal
d. That the sworn statement or affidavit containing matter under investigation, it cannot properly be
the falsity is required by law held that perjury is committed
4. No perjury if defendant subscribed and swore
Oath – any form of attestation by which a person signifies before a clerk in treasurer’s office since clerk in
that he is bound in conscience to perform an not a competent person authorized to administer
oaths
5. The assertion of falsehood must be willful and

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Criminal Law Reviewer
Crime Elements
act faithfully and truthfully
Affidavit – sworn statement in writing; a declaration in
writing, made upon oath before an authorized magistrate
or officer
Material Matter – it is the main fact which is the subject
of the inquiry or any circumstance which tends to prove
that fact, or any fact or circumstance which tends to
corroborate or strengthen the testimony relative to the
subject of inquiry, or which legitimately affects the credit
of any witness who testifies
Competent Person Authorized to Administer Oath
– a person who has a right to inquire into the questions
presented him upon matters under his jurisdiction
184 1. That the offender offered in evidence a false witness
Offering False Testimony in or false testimony
Evidence 2. That he knew the witness or the testimony was false
3. That the offer was made in a judicial or official
proceeding
Offer of Evidence begins the moment a witness is called
to the witness stand and interrogated by counsel
185 1. By soliciting any gift or promise as a consideration for PC in minimum period and a fine
Machinations, Monopolies, and refraining from taking part in any public auction
Combinations 1. That there be a public auction
2. That the accused solicited any gift or promise
from any of the bidders
3. That such gift or promise was the
consideration for his refraining from taking part in that
public auction
1. That the accused had the intent to cause the
reduction of the price of the thing auctioned
1. By attempting to cause bidders to stay away from an
auction by threats, gifts, promises or any other
artifice
1. That there be a public auction
2. That the accused attempted to cause the bidders
to stay away from the public auction
3. That is was done by threats, gifts, promises or
any other artifice
4. That the accused had the intent to cause the
reduction of the price of the thing auctioned
186 Acts Punished as Monopolies:
Monopolies and Combinations 1. Combination to prevent free competition in the
in Restraint of market
Penalty
Respective penalties provided in this
section
ranging from 10% to 50% of the value
of the thing auctioned
PC in minimum or a fine ranging from
P200 to P6,000, or both
Important Points to Remember
deliberate
6.Good faith or lack of malice is a defense in perjury
7.Even if there is no law, requiring the statement
to be made under oath, as long as it is made for
a legal purpose, it is sufficient
8.Two contradictory sworn statements are
not sufficient to convict of perjury
9.Subornation of Perjury – committed by a person
who knowingly and willfully procures another to
swear falsely and the witness suborned does testify
under circumstances rendering him guilty
1. Even if there was conspiracy between false
witness and party who presented him, the witness
having desisted before he could testify on any
material matter, he is NOT liable, because
desistance during the attempted stage of execution
is an absolutory cause which exempts him from
criminal liability
2. Article 184 applies when the offender does not
induce a witness to testify falsely
1. Crime is consummated by mere solicitation
2. “Other artifice” includes the use of trickery
3. An attempt to cause prospective bidders to stay
away from an auction by means of threats, gifts,
etc, with the intent that the thing auctioned
should command a lesser price, is sufficient to
constitute an offense
4. The threat need not be effective nor the offer or
gift accepted for the crime to arise
5. Reason for the Provision: execution sales should
be opened to free and full competition in order to
secure the maximum benefit for the debtors
1. The theory in penalizing monopolies and
combinations in restraint of trade is that
competition, not combination, should be the law of
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Criminal Law Reviewer
Crime Elements
Trade - by entering into any contract or agreement or
taking part in any conspiracy or combination in
the form of a trust or otherwise, in restraint of
trade or commerce or to prevent by artificial
means free competition in the market
• Monopoly to restrain free competition in the
market
- by monopolizing any merchandise or object of
trade or commerce, or by combining with any
other person(s) to monopolize said
merchandise or object in order to alter the prices
thereof by spreading false rumors or making use
of any other artifice to restrain free competition
in the market
• Manufacturer, producer, or processor or
importer combining, conspiring or agreeing with
any person to make transactions prejudicial to
lawful commerce or to increase the market price
of merchandise
• Person Liable – manufacturer, producer,
processor, or importer of any merchandise or
object of commerce
• Crime Committed by – combining, conspiring, or
agreeing with any person
• Purpose – to make transactions prejudicial to
lawful commerce, or to increase the market price
of any merchandise or object of
commerce manufactured, produced, processed,
assembled or imported into the Philippines
187 1. That the offender imports, sells, or disposes of any of
Importation and Disposition of those articles or merchandise
Falsely Marked Articles 2. The stamps, brands, or marks of those articles of
merchandise fail to indicate the actual fineness or
quality of said metals or alloys
3. The offender knows that stamps, brands, or marks
fail to indicate the actual fineness or quality of the
metals or alloys
188 Acts Punishable:
Substituting and Altering 1.By substituting the trade name or trademark of some
Trademarks, Trade names, or other manufacturer or dealer, or a colorable imitation
Service marks thereof, for the trade name or trademark of the real
manufacturer or dealer upon any article of commerce and
selling the same
2.By selling or by offering for sale such articles of
commerce, knowing that the trade name or trademark
has been fraudulently used
3.By using or substituting the service mark or some other
person, or a colorable imitation of such mark, in the sale
or advertising of his services
Penalty
PC or a fine ranging from P200 to
P1,000
PC in minimum or a fine ranging from
P500 to P2,000 or both
Important Points to Remember
trade
2.Any property possessed under any contract
or combination contemplated in this article, shall
be forfeited to the Government
3.The law intends to punish the mere conspiracy
or combination at which it is aimed
4.If the offense affects any food substance, motor
fuel or lubricants or other article of prime
necessity, it is sufficient for the imposition of the
higher penalty that the initial steps have been
taken toward carrying out the purposes
of combination
5.When the offense is committed by a corporation
or association, the president and directors
or managers are liable as principals thereof; But
the president and directors or managers are only
liable if they:
2. knowingly permitted, or
3. failed to prevent the commission of such
offense
1. Articles of merchandise involved: gold, silver, other
precious metals, or their alloys.
2. Selling the misbranded articles is not necessary
3. Article 187 does not apply to manufacturer of
misbranded articles made of gold, silver, etc.
1. The trade name, etc. used by the offender need
not be identical with the infringed trade name, etc
of the offended party; a colorable imitation is
sufficient
2. There must not be differences which are
glaring and striking to the eye
3. Mark – any visible sign capable of distinguishing
the foods (trademark) or service (service mark) of
an enterprise and shall include a stamped or
marked container
4. The trademark’s function is to indicate the origin or
ownership of the goods to which it is fixed
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Criminal Law Reviewer
Crime
189
Unfair Competition,
Fraudulent Registration of
Trade Name, trademark, or
service mark, Fraudulent
designation of Origin, and False
Description
Elements
4. By printing, lithographing, or reproducing trade
name, trademark, or service mark of one person, or a
colorable imitation thereof, to enable another person
to fraudulently use the same, knowing the fraudulent
purpose for which it is to be used
Trade Name – name or designation identifying or
distinguishing an enterprise
Trade Name Distinguished from Trademark
• Trade name is used in trade to designate a particular
business of certain individuals considered as an
entity; trademark is used to indicate the origin or
ownership of the goods to which it is affixed
• Trade name, unlike trademarks, are not necessarily
attached or affixed to the goods of the owner
Acts Punished:
•By selling his goods, giving them the general
appearance of the goods of another manufacturer or
dealer (Unfair Competition)
1. That the offender gives his goods the general
appearance of the goods of another
manufacturer or dealer
2. That the general appearance is shown in the
1.goods themselves, or in the (b) wrapping of
their packages, or in the (c) device or words
therein, or (d) any other feature of their
appearance
3. That the offender offers to sell(s) those goods or
gives other persons a chance or
opportunity to do the same with a like purpose
1. That there is actual intent to deceive public or
defraud a competitor
1.By (a) affixing to his goods or using in connection with
his services a false designation of origin, or any false
description or representation, and (b) by selling such
goods and services
2.By procuring fraudulently from the patent office the
registration of trade name, trademark, or service mark
Smuggling or Illegal Importation:
- requisites:
1.that the merchandise must have been fraudulently or
knowingly imported contrary to law
2.that the defendant, if he is not the importer himself,
must have received, concealed, bought,
Penalty Important Points to Remember
5. The objects of trademark are to point out
distinctly the origin or ownership of the article to
which it is affixed, to secure to him, who
has been instrumental in brining into market a
superior article of merchandise, the fruit of his
industry and skill, and to prevent fraud and
imposition
6. It is not necessary that the goods of the prior
user and the late user of the trademark are of the
same categories
7. The trade name or trademark must be registered
8. Trademark must not be merely descriptive or
generic
9. The exclusive right to an originally valid
trademark or trade name is lost, if for some
reason it loses its distinctiveness or has become
“publici juris”
Penalty provided for in the next 1. Mere offer for sale completes the commission of
preceding article the crime
2. Evidence of actual fraudulent intent is not
necessary
3. The basis for penalizing unfair competition is that
no one shall, by imitating or any unfair
device, induce the public to believe that the
goods he offers for sale are the goods of
another, and thereby appropriate to himself the
value of the reputation which the other has
acquired for the products or merchandise
manufactured or sold by him
4. The true test of unfair competition is whether
certain goods have clothed with an appearance
which is likely to deceive ordinary purchaser
exercising ordinary care, and not whether a
certain limited class of purchaser with special
knowledge not possessed by the ordinary
purchaser could avoid mistake by the exercise
of this special knowledge
1. Master is liable for acts of servant
2. Infringement of Trademark or Tradename
distinguished from Unfair Competition
1. UC is broader and more inclusive
2. In UC, the offended party has identified in the
mind of the public the goods he manufactures
or deals in from those of others; while in
infringement, the offended party has identified
a peculiar symbol/mark with his goods and
thereby has acquired a property right in such
symbol/mark
3. In UC, the offender gives his goods the general
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Criminal Law Reviewer
Crime Elements Penalty Important Points to Remember
sold or in any manner facilitated the transportation, appearance of the goods of another
concealment or sale of the merchandise manufacturer / dealer and sells the same;
3. that the defendant must be shown to have while in infringement, the offender uses
knowledge that the merchandise had been illegally the trademark or tradename of
imported another manufacturer or dealer and sells his
goods on which the trademark is affixed
7. The use of duly stamped or marked
containers is regulated
190 – 194 Repealed by Dangerous Drugs Act of 1972
195 – 199 Amended by PD 1602 Prescribing Stiffer Penalties in
Illegal Gambling
196 Acts Punished: A Mayor in maximum to PC in 1. The possession of any lottery ticket or
Importation, sale and 1.By importing into the Philippines from any foreign place minimum or a fine ranging from P200 advertisement is prima facie evidence of an intent
Possession of Lottery Tickets or or port any lottery ticket or advertisement to P2,000, or both – importation or to sell, distribute or use of the same
Ads 2.By selling or distributing the name in connivance with selling and distributing 2. If the defendant can establish that he did not know
the importer A Menor or fine not exceeding P2,000 of the existence of the lottery ticket,
3.By possessing, knowingly and with intent to use, lottery or both – possessing the presumption is destroyed
tickets or advertisements 3. It is not necessary that the lottery tickets be
4.By selling or distributing the same without connivance genuine, as it is enough that they be given the
with the importer appearance of lottery tickets
4. If the lottery tickets are counterfeit, they cannot
give rise to the evil sought to be eradicated
197 Repealed by PD 483 Betting, Game-Fixing or Point-
Shaving and Machinations in Sport Contests
198 Acts Punishable: A Menor or fine not exceeding P200, or 1. Totalizer – machine for registering and indicating
Illegal Betting on Horse Races 1. By betting on horse races during the periods NOT both the number and nature of bets made on horse
allowed by law races
2. Horse Races Prohibited on:
4. By maintaining or employing a totalizer or other A Mayor or a fine from P200 to P2,000, 1. July 4th of every year
device or scheme for betting on races or realizing or both 2. December 30th of every year
profit therefrom, during the periods not allowed by 3. Any registration or voting days
law 4. Holy Thursday and Good Friday
3. The race held on the same day and at the same
place is punishable as separate offenses
4. There is no liability if there is no betting or use of
totalizer
199 Amended by PD 449 Cockfighting Law of 1974 A Menor or a fine not exceeding P200 1. Permitting gambling of any kind in cockpit is
Illegal Cockfighting Persons Liable: or both punished under the same Decree
•Any person who directly or indirectly participates in 2. Spectators in a cockfight are not liable
cockfighting, by betting money or other valuable things,
or who organizes cockfights at which bets are made, on a
day other than those permitted by law
•Any person who directly or indirectly participates in
cockfights, by betting money or other valuable things, or
organizes such cockfights, at a place other than a licensed
cockpit

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Criminal Law Reviewer
Crime Elements
200 1. That the offender performs an act(s) A Mayor and Public Censure
Grave Scandal 2. That such act(s) be highly scandalous as offending
against decency or good customs
3. That the highly scandalous conduct is not expressly
falling within any other article of this Code
4. That the act or acts complained of be committed in a
public place or within the public knowledge or view
Grave Scandal – consists of acts which are offensive
to decency and good customs which, having been
committed publicly, have given rise to public scandal
to persons who have accidentally witnessed the same
201 Publicity is essential
Immoral Doctrines, Obscene
Publications and Exhibitions, Moral – conformity with the generally accepted
and Indecent Shows standards of goodness or rightness in conduct or
character
Obscene – something offensive to chastity, decency,
delicacy
Those Liable:
•Those who shall publicly expound or proclaim doctrines
openly contrary to public morals
•Authors of obscene literature, published with their
knowledge in any form, the editors publishing such
literature; and the owners/operators of the establishment
selling the same
•Thos who, in theaters, fairs, cinematographs, etc.,
exhibit indecent or immoral plays, scenes, acts, etc. it
being understood that the obscene literature or indecent
or immoral lays, etc. whether in live or in file, which are
proscribed by virtue hereof
•Those who shall sell, give away, or exhibit films, prints,
engravings, sculptors, etc. which are offensive to morals
202 Vagrants:
Vagrants and Prostitutes 1.Any person having no apparent means of subsistence,
who has physical ability to work and who neglects to apply
himself to some lawful calling
2.Any person found loitering about public or semi- public
buildings or places, or tramping or wandering about the
country or the streets without visible means of support
3.Any idle or dissolute person who lodges in houses of ill-
fame; ruffians or pimps and those who habitually
associate with prostitutes
4.Any person who, not being included in the provision of
other articles of this Code, shall be
Penalty
PM or a fine ranging from P6,000 to
P12,000 or both
A Menor or a fine not exceeding P200
In case of recidivism, A Mayor in
medium to PC in minimum or a fine
from P200 to P2,000 or both
Important Points to Remember
1. Decency – propriety of conduct; proper
observance of the requirements of modesty, good
taste, etc.
2. Customs – established usage, social conventions
carried on by tradition and enforced by social
disapproval of any violation thereof
3. If the act(s) of the offender are punished under
another article of this code, Article 200 is not
applicable
4. The acts must be performed in a public place or
within the public knowledge or view
1. The author of obscene literature is liable only
when it is published with his knowledge
2. In every case, the editor publishing is liable
3. The test of obscenity is whether the tendency of
the matter charged as obscene is to deprave
or corrupt those minds are open to such
immoral influences, an d into who shads such a
publication
may fall and also whether or not such publication or
act shocks the ordinary and common sense of
men as an indecency
1. Mere nudity in pictures or paintings is not an
obscenity
2. “Give Away” should be read as “distribute”
3. Pictures with slight degree of obscenity not used
for art’s sake but for commercial purposes, fall
under this Article
4. The object of the law is to protect the morals of the
public
5. Disposition of articles – to be forfeited in favor of
the government
1. Only par. 1 and 2 requires absence of visible
means of support
2. Mendicancy and abetting mendicancy are punished
3. Giving of alms thru organized agencies operation
under the rules and regulations of the Ministry of
Public Information is not a violation of the
Mendicancy Law
4. Dissolute – lax, unrestrained, immoral
5. Ruffians – brutal, violent, lawless persons
6. Pimp – one who provides gratification for the lust
of others
7. Sexual intercourse is not absolutely necessary
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Criminal Law Reviewer
Crime Elements Penalty Important Points to Remember
found loitering in any inhabited or uninhabited place
belonging to another without any lawful or justifiable
purpose
Prostitute – a woman who, for money or profit,
habitually indulge in sexual intercourse or lascivious
conduct
203 1. Taking part in the performance of public functions in 1. The term “public officers” embraces every
Who are Public Officers the Government, or performing in said Government public servant from the highest to the lowest
or in any of its branches public duties as an 2. Temporary performance of public functions by
employee, agent or subordinate official, of any rank a laborer makes him a public officer
or class; and
2. That his authority to take part in the performance of
public functions or to perform public duties must be:
1. by direct provision of the law, or
2. by popular election
3. by appointment by competent authority

204 1. That the offender is a judge; PM and Perpetual Absolute 1. Judgment – final consideration and determination
Knowingly Rendering Unjust 2. That he renders a judgment in a case submitted to Disqualification (PAD) of a court of competent jurisdiction upon the
Judgment him for decision matters submitted to it, in an action or proceeding
3. That the judgment is unjust 2. Unjust Judgment – one which is contrary to law,
4. That the judge knows that his judgment is unjust or is not supported by the evidence, or both
3. An unjust judgment is rendered knowingly, when
Misfeasance it is made deliberately and maliciously
1. improper performance of some act which might 4. Sources of Unjust Judgment:
lawfully be done 1. Error – no liability for error in good faith
2. Ill-will or Revenge
Malfeasance 3. Bribery
1. performance of an act which ought NOT to be 5. There must be evidence that the judgment is
done unjust – it cannot be presumed
6. Judgment must be contrary to law and not
Nonfeasance supported by evidence
1. omission of some act which ought to be 7. There must be evidence that the judge knew that
performed his judgment is unjust
205 1. That the offender is a judge; A Mayor and Temporary Special 1. A manifestly unjust judgment is one so manifestly
Rendering Judgment Thru 2. that he renders a judgment in a case submitted to Disqualification (TSD) contrary to law, that even a person having a
Negligence him for decision meager knowledge of the law cannot doubt the
3. That he judgment is manifestly unjust injustice
4. That it is due to his inexcusable negligence or 2. Abuse of discretion or mere error of judgment,
ignorance where there is not proof or even allegation of bad
faith, or ill motive, is not punishable
206 1. That the offender is a judge; A Mayor in minimum and Suspension 1. Interlocutory Order – issued by court between
Rendering Unjust Interlocutory 2. That he performs any of the following acts: commencement and end of a suit or action and
Order 1. knowingly renders unjust interlocutory order or which decides some point/matter but which,
decree; or however, is not a final decision of matter in issue

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Criminal Law Reviewer
Crime Elements
b. renders a manifestly unjust interlocutory order
or decree thru inexcusable negligence or
ignorance
207 1. That the offender is a judge
Malicious Delay in the Admin of 2. That there is a proceeding in his court
Justice 3. That he delays the administration of justice
4. That the delay is malicious
208 Acts Punishable:
Dereliction of Duty in 1.By maliciously refraining from institution prosecution
Prosecution of Offenses against violators of the law
2.By maliciously tolerating the commission of offenses
Elements:
1.That the offender is a public officer or officer of the law
who has a duty to cause the prosecution of, or to
prosecute, offenses
2.That there is dereliction of the duties of his office; that
is, knowing the commission of the crime, he
does not cause the prosecution of the criminal or knowing
that a crime is about to be committed, he tolerates its
commission
209 Acts Punished:
Betrayal of Trust by an 1.By causing damage to his client, either (a) by any
Attorney or Solicitor malicious breach of professional duty, (b) by inexcusable
negligence or ignorance
2.By revealing any of the secrets of his client learned by
him in his professional capacity
3.By undertaking the defense of the opposing party in the
same case, without the consent of his first
client, after having undertaken the defense of said first
client or after having received confidential information
from said client
210 Acts Punishable in Direct Bribery:
Direct Bribery •By agreeing to perform, or by performing, in
consideration of any offer, promise, gift or present
– and act constituting a crime, in connection with the
performance of his official duties
•By accepting a gift in consideration of the execution of an crime should have been committed
act which does not constitute a crime, in connection with
the performance of his official duty
•By agreeing to refrain, or by refraining, from doing
something which is his official duty to do, in consideration
of gift or promise
Penalty
Suspension
PC in minimum
PC in minimum period and suspension
In addition to proper administrative
action, PC in minimum or a fine
ranging P200 – P1,000
PM in medium and maximum and fine
of not less than value of gift and not
less than 3x value of gift, in addition to
the penalty corresponding to crime
agreed upon and Special Temporary
Disqualification (STD) – if the same
and if the act does not constitute a
crime and officer executed the act
PC in medium and fine of not less than 3.Bribery exists:
2x value of gift and STD – if act shall
not have been
Important Points to Remember
2. Test in Determining: “Does it leave something to
be done in the trial court with respect to the merits
of the case?”
2. if it does – it is interlocutory
3. if it doesn’t – it is final
1. Mere delay without is not a felony under this article
2. Delay is Malicious – the delay is cause by the judge
with deliberate intent to inflict damage on either
party in the case
1. Negligence – under this article is not merely lack of
foresight or skill, but neglect of duties of office by
maliciously failing to move the prosecution and
punishment of the delinquent
2. Malice is an important element
3. “Officers of the Law” includes all those of the
prosecution who, by reasons of the position held by
them, are duty-bound to cause the prosecution
(includes Chief of Police and barrio lieutenant)
4. “Maliciously” signifies deliberate intent
5. Crime committed by the law-violator must be
proved first before the person charged with
dereliction can be made liable
1. RPC not applicable to revenue officers
1. Under first act, there must be DAMAGE to his client
2. Under 2nd act, damage is NOT necessary
3. Under 3rd act, if the client consents to the
attorney’s taking the defense of the other party,
there is no crime
4. Procurador Judicial – a person who had some
practical knowledge of law and procedure, but not
a lawyer, and was permitted to represent a party in a
case before an inferior court
First Element:
3.Temporary performance of public functions is
sufficient to constitute a person a public officer
4.It is believed that it does not cover a private
individual because the additional penalty of STD has
no practical application
Second Element:
•Gift may be received by public officer himself or thru
a 3rd person
3. when the gift is offered voluntarily by a
private person
4. when the gift is solicited by a public officer
and
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Criminal Law Reviewer
Crime Elements
Elements:
1.That the offender be a public officer within scope of
Article 203
2.That the offender accepts an offer or a promise or
receives a gift or present by himself or thru another
3.That such offer or promise be accepted, or gift or
present received by the public officer:
1. with a view to committing some crime; or
2. in consideration of the execution of an act
which does not constitute a crime, but the act must be
unjust
1. to refrain from doing something which it is his
official duty to do
1.That the act which the offender agrees to perform or
which he executes be connected with the performance of
his official duties
Prevaricacion (Art. 208) Distinguished from
Bribery:
1.Both are committed by refraining doing something
which pertains to the official duty of the officer
2.In bribery, the offender refrained from doing his official
duty in consideration of a gift received or promised; while
in crime of prevaricacion this element is NOT necessary
211 1. That the offender is a public officer
Indirect Bribery 2. That he accepts gifts
3. That the said gifts are offered to him by reason of his
office
Direct Bribery Distinguished from Indirect Bribery:
1. In both, the public officer receives a gift
2. In direct bribery, there is an agreement between the
public officer and the giver; in indirect bribery,
usually, no such agreement exists
3. In direct bribery, the offender agrees to perform or
performs an act or refrains from doing something,
because of the gift or promise; in indirect bribery, in
is NOT necessary that the officer should do any
particular act or even promise to do any act, as it is
enough that he accepts gifts offered to him by reason
of his office
211-A 1. That the offender is a public officer or entrusted with
Qualified Bribery law enforcement
2. That the offender refrains from arresting or
prosecuting an offender who has committed a crime
punishable by RP and/or death
Penalty
accomplished
A Mayor, suspension in minimum and
medium and public censure
No attempted or frustrated indirect
bribery
Penalty for offense which was not
prosecuted – first paragraph
Penalty of death – if it is the public
officer who asks or demands such
Important Points to Remember
the private person voluntarily delivers it to
the public officer
c. when the gift is solicited by a public
officer, as the consideration for his refraining
from the performance of an official duty and
the private person
•A promise of gift to a public officer who
accepts such promise is sufficient under 1st
paragraph
•In 2nd paragraph, the gift must be ACCEPTED
•If the offer is not accepted, only the
person offering the gift is criminally liable
•The gift must have a value or be capable
of
pecuniary estimation
Third Element:
•The act which the public officer agrees to
perform must be connected with the
performance of official duties
•It is not bribery if the act is in discharge of
a mere moral duty
•The fact that the act agreed to be performed
is in
excess of his power, jurisdiction, or authority
is no defense, EXCEPT: if act is so foreign to
duties of office as to lack even color of authority
•In bribery, the gift or present must be given
to the public officer to corrupt him
1. The gift is usually given to the public officer
in anticipation of future favor from the public officer
2. There must be a clear intention on the part of the
public officer to take the gift so offered and
consider the same as his own property
3. Mere physical receipt unaccompanied by any other
sign, circumstance or act to show such acceptance is
NOT sufficient to lead the court to conclude that
the crime of indirect bribery has been committed
1. People vs. Pamplona (pg. 361) – considered
indirect bribery even if there was a sort of
agreement between public officer and giver;
reason: the act executed by the accused was
NOT unjust, therefore it cannot be direct bribery
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Criminal Law Reviewer
Crime
212
Corruption of Public Officials
213
Frauds Against the Public
Treasury and Similar Offenses
Elements
3. That the offender refrains from arresting or
prosecuting the offender in consideration of any
promise, gift or present
1. That the offender offers or promises or gives gifts or
presents to a public officer
2. That the offers or promises are made or the gifts or
presents given to a public officer, under
circumstances that will make the public officer liable
for direct bribery or indirect bribery
Acts Punishable as Frauds Against Public Treasury:
•By entering into any agreement with any interested
party or speculator or making use of any other scheme, to
defraud the government, in dealing with any person with
regard to furnishing supplies, the making of contracts, or
the
adjustment or settlement of accounts relating to property
or funds.
1.By demanding, directly or indirectly, the payment of
sums different form or larger than those authorized y law,
in the collection of taxes, licenses, fees, and other
imposts.
2.By failing voluntarily to issue a receipt, as provided by
law, for any sum of money collected by him officially, in
the collection of taxes, licenses, fees, and other imposts
3.By collecting or receiving, directly or indirectly, by way
of payment or otherwise, things or objects of a nature
different from that provided by law, in the collection of
taxes, licenses, fees, and other imposts
Elements of Frauds against Public Treasury:
•That the offender be public officer
•That he should have taken advantage of his office, that
is, he intervened in the transaction in his official capacity
•That he entered into an agreement with any interested
party or speculator or made use of any other scheme with
regard to furnishing supplies, the making of contracts, or
the adjustment or settlement of accounts relating to
public property or funds
•That the accused had intent to defraud the government
Elements of Illegal Exaction:
1. The offender is a public officer entrusted with the
collection of taxes, licenses, fees and other imposts
Penalty
gift or present
Same penalties imposed upon officer 1.
corrupted except disqualification and 2.
suspension
PC medium to PM minimum, or a fine
ranging from P200 to P10,000, or both
Provisions of Administrative Code –
when culprit is an officer or employee
of BIR or BOC
Important Points to Remember
Offender in this article is the giver or offeror
The public officer sought to be bribed, is not
criminally liable, unless he accepts the gift or
consents
3. Bribery is usually proved by evidence acquired in
entrapment
1. Public officer must act in his official capacity – the
public officer must have the duty to deal with any
person with regard to furnishing supplies, etc.
2. The 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
1. It is not necessary that the government is actually
defrauded by reason of the transaction.
2. It is sufficient that the government is actually
defrauded by reason of the transaction.
3. Mere demand for larger or different amount is
sufficient to consummate the crime
4. Collecting officer must issue official receipts to be
guilty of illegal exactions
5. When there is DECEIT in demanding greater fees
than those prescribed by law, the crime
committed is estafa and not illegal exaction.
6. Tax collector need not account for tax collected
7. If a tax collector collected a sum larger than that
authorized by law and spent all of them is guilty
of
2 crimes;
1. Illegal exaction, for demanding a greater
amount
2. Malversation, for misappropriating the amount
extracted
10. Officer or employee of BIR or BOC not covered by
this article
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Criminal Law Reviewer
Crime Elements
2. He is guilty of acts 2, 3 and 4 (above in Acts
Punishable as Frauds Against Public Treasury)
214 Elements of the Crime:
Other Frauds •That the offender is a public officer
•That he takes advantage of his official position
1.That he commits any of the frauds or deceits
enumerated in Articles 315 to 318
215 1. That the offender is an appointive public officer
Prohibited Transactions 2. That he becomes interested, directly or indirectly, in
any transaction of exchange or speculation
3. That the transaction takes place within the territory
subject to his jurisdiction
4. That he becomes interested in the transaction during
his incumbency
Example of Appointive Public Officer:
- justices, judges or fiscals, employees engaged in the
collection and administration of public funds
216 People Liable for Possession of Prohibited Interest: A Mayor medium period to PC
Possession of Prohibited •Public officer who, directly or indirectly, became
Interest by a Public Officer interested in any contract or business in which it was his from P200 to P1,000, or both
official duty to intervene.
•Experts, arbitrators, and private accountants who, in like
manner, took part in any contract or transaction
connected with the estate or property in the appraisal,
distribution or adjudication of which they had acted
•Guardians and executors with respect to the property
belonging to their wards or estate
217 Embezzlement – also called malversation
Malversation of Public Funds or
Property – Presumption of Acts Punishable in Malversation:
Malversation •By appropriating public funds or property
- includes every attempt to dispose of the same
without right
•By taking or misappropriating the same
- the funds or property taken need not be
misappropriated for it to be consummated
•By consenting, or thru abandonment or negligence,
permitting any other person to take
Penalty
In addition to the penalties prescribed 1.
in the provisions of Chapter 6, Title 10,
Book 2 of this Code, the penalty of TSD 2.
in maximum to PSD
PC minimum or a fine ranging from
P200 to P1,000, or both
minimum period, or a fine ranging
PC in medium and maximum – if
amount does not exceed P200
PM minimum and medium – if amount
is more than P200 by not exceeding
P6,000
PM maximum to RT minimum, if
amount more than P6,000 but less
than P12,000
Important Points to Remember
The public officer must take advantage of his official
position
Frauds and Deceits Enumerated in Chapter 6, Title 10,
Book 2 of this Code:
1. Estafa
2. Other Forms of Swindling
3. Swindling a Minor
4. Other Deceits
3. The RTC, and not the MTC, has jurisdiction when this
article is involved, regardless of amount or penalty
involved because the MTC has not jurisdiction to
impose the penalty of disqualification
1. The transaction must be one of exchange or
speculation
2. It is sufficient that the appointive officer has an
interest in any transaction of exchange or speculation
3. Purchasing of stocks or shares in a company is simply
an investment and is not a violation of the article
4. Buying regularly securities for resale is speculation
5. Appointive officer should not devote himself to
commerce
1. Actual fraud is not necessary
2. Intervention must be by virtue of public office held
3. An officer who intervenes in contract or transaction
which has no connection with his office CANNOT
commit the crime defined in Article 218
1. The offender in malversation under this article must
be a public officer defined in Article 203
2. Nature of the duties of the public officer, not name of
office, is controlling
3. Funds or property must be received in official capacity
4. When a public officer had no authority to receive
the money for the government and upon receipt if the
same he misappropriated it, the crime committed is
estafa
1. A public officer having only a qualified charge of
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Criminal Law Reviewer
Crime Elements
such public funds or property
- negligence must be positive and
clearly shown to be inexcusable, approximating
malice or fraud
4. By being otherwise guilty of the
misappropriation or malversation of such funds or
property
Elements Common to All Acts of Malversation:
•That the offender be a public officer
•That he had the custody or control of funds or
property by reason of the duties of his office
•That those funds or property were public funds or
property for which he was accountable
•That he appropriated, took, misappropriated or
consented or, thru abandonment or negligence,
permitted another person to take them
To be guilty of Malversation, Public officer must
have:
•The official custody of public funds or property or
the duty to collect or receive funds due the
government, and
•The obligation to account for them to the
government
218 1. That the offender is a public officer, whether in the
Failure of Accountable Officer service or separated therefrom
to Render Accounts 2. That he must be an accountable officer for public
funds or property
3. That he is required by law or regulation to render
accounts to the COA, or to a provincial auditor
4. That he fails to do so for a period of two months after
such accounts should be rendered
Penalty
RT medium and maximum, if amount
more than P12,000 but less than
P22,000
RT maximum to RP if amount exceeds
P22,000
PC in minimum, or fine ranging from
P200 to P6,000, or both
Important Points to Remember
government property without authority to part with
physical possession of it unless upon order from his
immediate superior, cannot be held liable for
malversation (Webster and Wickersham rulings)
•Webster and Wickersham cases not applicable when
the accused had authority to receive money
pertaining to the government
•A private person conspiring with an accountable
public officer in committing malversation is also guilty
of malversation
•Government funds include revenue funds and trust
funds
•Private property may be involved in malversation
•The measure of negligence is the standard of care
commensurate with the occasion
•In malversation not committed thru negligence, lack
of criminal intent or good faith is a defense
•Presumption from failure to have duly forthcoming
public funds or property upon demand: Prima Facie
evidence that he has put such to personal use
•Presumption may be rebutted
•The return of the funds is only mitigation, not
exempting circumstance
•When a shortage is paid by the public officer from his
pocket, he is not liable for malversation
•Borrowing money to replace funds – malversation
•Borrowing money to replace funds – when missing
amount is found in some unaccustomed place, he is
NOT liable
•Previous demand is not necessary in malversation in
spite of last paragraph of Article 217
•A person whose negligence made possible the
commission of malversation by another can be held
liable as principle by indispensable cooperation in
complex crime of malversation thru falsification of a
public document by reckless negligence
•Damage to the government is NOT necessary
1. Demand for accounting is not necessary
2. Reason why Mere Failure to Render Account is
Punishable: performance of the duty
3. Misappropriation is not necessary in order to be liable
under this article
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Criminal Law Reviewer
Crime
219
Failure to Render Accounts
before Leaving the Country
220
Illegal Use of Public Funds or
Property
221
Failure to Make Delivery of
Public Funds or Property
Elements
1. That the offender is a public officer
2. That he must be an accountable officer for public
funds or property
3. That he must have unlawfully left (or be on the point
of leaving) the Philippines without securing from COA
a certificate showing that his accounts have been
finally settled
1. That the offender is a public officer
2. That there is public fund or property under his
administration
3. That such public fund or property has been
appropriated by law or ordinance
4. 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
Acts Punishable:
•By failing to make payment by public officer who is under
obligation to make such payment from Government funds
in his possession
•By refusing to make delivery by a public officer who had
been ordered by competent authority to deliver any
property in his custody or under his administration
Penalty
A Mayor or fine ranging from P200 to
P1,000, or both
PC minimum or a fine ranging from
½ to total value of sum misapplied,
with TSD – if damage or
embarrassment resulted
Fine from 5-50% of sum misapplied
– if no damage or embarrassment
resulted
A Mayor and fine from 5-25% of sum
he failed to pay
Under 2nd paragraph, Fine shall be
graduated by value to thing, provided
that it shall not be less than P50
Important Points to Remember
The act of leaving the country must be unauthorized or not
permitted by law
1. The public finds or property must be appropriated by
law or ordinance for a particular purpose
2. Illegal Use of Public Funds or Property Distinguished
from Malversation under Article 217:
1. Both crimes – offenders are accountable public
officers
1. Illegal Use of Public Funds/Property – offender
does not derive any personal gain or profit;
Malversation – offender in certain cases profits
from proceeds of crime
2. Illegal Use – public fund/property is applied to
another public use; Malversation – public fund or
property is applied to personal use and
benefit of offender or of another person
Refusal to make delivery of property must be MALICIOUS.

Elements of Failure to Make Payment:

•That the public officer has government funds in his
possession
•That he is under obligation to make payment from
such funds
•That he fails to make the payment maliciously

222 Private Individuals Who May be Liable from Arts.
Officers Included in the 217-221:
Preceding Provisions •Private individuals who, in any capacity whatever, have
charge of any national, provincial or municipal funds,
revenue, or property
•Administrator or depository of funds or property,
attached, seized or deposited by pubic authority, even if
such property belongs to a private individual
Provisions of this chapter shall apply
1. Purpose: to extend the provision of this Code on
malversation to private individuals
2. Sheriffs and receivers fall under the term
“administrator”
1. Judicial administrator is not covered by this article
2. Private property is included, provided it is attached,
seized, or deposited with public authority

223 1. That the offender is a public officer PC medium and maximum and TSD 1. Connivance with the prisoner in his escape is an
Conniving with or Consenting 2. That he had in his custody or charge, a prisoner, maximum to PSD – sentenced by final indispensable element
to Evasion either detention prisoner or prisoner by final judgment to any penalty 2. Detention Prisoner – person in legal custody, arrested
judgment PC minimum and TSD – fugitive not for, and charged with, some crime or public offense
3. That such prisoner escaped from his custody finally convicted but only held as
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Crime
224
Evasion Through Negligence
225
Escape of Prisoner under the
Custody of a Person not a
Public Officer
226
Removal, Conceal-ment or
Destruction of Documents
Elements
4. That he was in connivance with the prisoner in the detention prisoner
latter’s escape
Classes of Prisoners Involved:
• Fugitive sentenced by final judgment to any penalty
• Fugitive held only as detention prisoner for any crime
or violation of law or municipal ordinance
1. That the offender is a public officer
2. That he is charged with the conveyance or custody
of a prisoner, either detention prisoner or prisoner by final
judgment
1. That such prisoner escapes thru his negligence
Liability of Escaping Prisoner:
1. Convict by reason of final judgment – Article 157
2. Detention Prisoner – no liability
1. That the offender is a private person
2. That the conveyance or custody of a prisoner or
person under arrest is confided to him
3. That the prisoner or person under arrest escapes
4. That the offender consents to the escape of the
prisoner or person under arrest, or that the escape
takes place thru his negligence
1. That the offender be a public officer
2. That he abstracts, destroys or conceals documents or
papers
3. That the said documents or papers should have been
entrusted to such public officer by means of his office
4. That damage, whether serious or not, to a third party
or to the public interest should have been
caused
Acts Punishable in Infidelity in Custody of
Documents:
1. Removing
2. Destroying
3. Concealing, documents or papers officially entrusted
in the offending public officer
Infidelity in Custody of Document distinguished
from Malversation and Falsification
1. Malversation and Falsification – when postmaster
received money orders, signed as payee, collected
and appropriated the respective amounts
2. Infidelity in Custody of Papers – when postmaster
receives letters/envelopes containing money orders,
and MO are not sent to addressees, the postmaster
cashing the same for his own benefit
Penalty
A Mayor maximum to PC minimum and 1.
TSD
2.
Penalty next lower in degree than that
prescribed for the public officer
PM and fine not exceeding P1,000 –
serious damage
PC minimum and medium and fine not
exceeding P1,000 – damage not
serious
Important Points to Remember
3. Release of detention prisoner who could not be
delivered to the judicial authority within the time fixed
by law, is not infidelity in the custody of the prisoner
4. Leniency or laxity is not infidelity (e.g. prisoner
allowed to eat in restaurant near municipal building)
5. Relaxation of Imprisonment is considered infidelity
The prisoner is either a convict by a final judgment or
detention prisoner
What is punished invasion thru negligence is such a
definite laxity as all but amounts to deliberate non-
performance of duty on the part of the guard (e.g.
falling asleep, lack of adequate precautions)
3. The fact that public officer recaptured the prisoner
does not afford complete exculpation
This article does not apply if a private person was the one
who made the arrest and consented to the escape of the
person he arrested
3. Public officer must be officially entrusted with the
documents or papers
4. The document must be COMPLETE and one by which a
right could be established or an obligation could be
extinguished
5. Books, periodicals, pamphlets, etc. are not
documents
6. Papers includes checks, promissory notes, and paper
money
7. Post office official who retained the mail without
forwarding to their destination is guilty under this article.
3. Money bills received as exhibits in court are papers
4. The removal must be for an illicit purpose
5. The removal is for an illicit purpose when intention is
to
3. tamper with it, or
4. to profit by it; or
5. to commit an act constituting breach of trust in
official care thereof
6. Deemed consummated upon removal from or
secreting away from usual place in the office and after
offender had gone out and locked the door
7. Infidelity in custody by destroying or concealing it
does not required proof of illicit purpose
8. There must be damage, great or small
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Crime Elements Penalty Important Points to Remember
Document – written instrument by which something is
proved or made of record

227 1. That the offender is a public officer PC minimum and medium, TSD and 1. It is the breaking of the seals, not the opening of a
Officer Breaking Seal 2. That he is charged with the custody of papers or fine not exceeding P2,000 closed envelope, which is punished
property 2. Damage or intent to cause damage is NOT necessary
3. That these papers or property are sealed by proper
authority
4. That he breaks the seals or permits them to be
broken
228 1. That offender is a public officer A Mayor, TSD and fine not exceeding 1. Custody – guarding; keeping safe; care
Opening of Closed Documents 2. That any closed papers, documents, or objects are P2,000 2. Closed documents must be entrusted to the custody
entrusted to his custody of the accused by reason of his office
3. That he opens or permits to be opened said closed 3. The act should not fall under Article 227 (Breaking of
papers, documents or objects Seal)
4. That he does not have proper authority 4. Damage or intent to cause damage NOT element
229 Elements of No. 1: PC medium and maximum, PSD, and 1. Acts Punishable:
Revelation of Secrets by an •That the offender is a public officer fine not exceeding P2,000 – serious a. By revealing any secrets known to the offending
Officer 1.That he knows a secret by reason of his official capacity damage public officer by reason of his official capacity
2.That he reveals such secret without authority or b. By delivering wrongfully papers or copies of his
justifiable reasons PC minimum, TSD, and fine not papers which he may have charge and which
3.That damage, great or small, be cause to the public exceeding P500 – not so serious should NOT be published
interest a. Secrets must affect public interests
b. Espionage is not contemplated in this article
Elements of No. 2: c. This article only punishes minor official betrayals,
1.That the offender is a public officer infidelities of little consequence, affecting usually the
2.That he has charge of papers administration of justice, executive or official duties,
3.That those papers should not be published or the general interest of the public order
4.That he delivers those papers or copies thereof to a 3rd d. Offender must have charge of papers or copies of
person papers
•That the delivery is wrongful 1. Damage is an element under Article 229
•That damage be caused to public interest

Revelation Distinguished from Infidelity:

•Papers contain Secrets – revelation
1.Papers do not contain Secrets – Infidelity

230 1. That the offender is a public officer A Mayor and fine not exceeding P1,000 1. Revelation to one person is sufficient, for public
Public Officer Revealing Secrets 2. That he knows of the secrets of a private individual by revelation is not required.
of Private Individual reason of his office 2. When the offender is an attorney at law or a solicitor,
3. That he reveals such secrets without authority or Article 209 is applicable and not 230
justifiable reason 3. Damage to private individuals not necessary
231 1. That the offender is a judicial or executive officer A Mayor medium to PC minimum, TSD The act constitution the crime is the open refusal to
Open Disobe-dience 2. That there is a judgment, decision or order of a maximum, and fine not exceeding execute judgment, decision or order
superior authority P1,000
3. That such judgment, decision or order was made
within the scope of the jurisdiction of the superior
authority and issued with all legal formalities
4. That the offender without any legal justification

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Crime Elements
openly refuses to execute the said judgment,
decision or order, which he is duty bound to obey
232 1. That the offender is a public officer
Disobedience to Order of 2. That an order is issued by his superior for execution
Superior Officer, When Said 3. That he has for any reason suspended the execution
Order was Suspended by of such order
Inferior Officer 4. That his superior disapproves the suspension of the
execution of the order
5. That the offender disobeys his superior despite the
disapproval of the suspension
233 1. That the offender is a public officer
Refusal of Assistance 2. That a competent authority demands from the
offender that he land his cooperation towards the
administration of justice or other public service
1. That the offender fails to do so maliciously
234 1. That the offender is elected by popular election to
Refusal to Discharge Elective public office.
Office 2. That he refuses to be sworn in or to discharge the
duties of said office
3. That there is no legal motive for such refusal to be
sworn in or to discharge the duties of said office
235 1. That the offender is a public officer or employee
Maltreat-ment of Prisoners 2. That he has under his charge a prisoner or detention
prisoner
3. That he maltreats such prisoner in either of the
following manners:
1. by overdoing himself in the correction or
handling of a prisoner or detention prisoner under his
charge either –
1. by the imposition of punishments not
authorized by the regulations, or
2. by inflicting such punishments (those
authorized) in a cruel and humiliating
manner
1. By maltreating such prisoner to extort a
confession or to obtain some information from
the prisoner
Penalty
PC minimum and medium and PSD
A Mayor medium to PC minimum, PSD
and fine not exceeding P1,000
– serious damage
A Mayor medium and maximum, fine
not exceeding P500 – not so serious
damage
A Mayor or fine not exceeding P1,000 1.
or both 2.
PC medium period to PM in minimum,
in addition to liability for physical
injuries or damages caused under
paragraph 1
Important Points to Remember
1. Reason for Provision: superior officer may
sometimes err, or orders may proceed from a
mistaken judgment
2. The article does not apply if the order of the superior
is illegal
1. Demand must be from a competent authority
2. Damage to public interest is essential, great or small
Refusal must be without legal motive
Reason for Provision: matter of duty to discharge
duties of said office
3. Article 234 NOT applicable to appointive officer
1. The public officer must have actual charge of the
prisoner to hold him liable fro maltreatment of
prisoner
2. Offended party must be a convict or detention
prisoner
3. To be detention prisoner, the person arrested must be
placed in jail even for a short while
4. The maltreatment must relate to the correction or
handling of the prisoner, or must be for the purpose of
extorting a confession or of obtaining some
information from the prisoner
1. If physical injuries were due to a personal grudge, it
would not fall under this article
2. Offender may also be liable for physical injuries or
damage caused
3. No complex crime of maltreatment with serious or
less serious physical injuries
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Crime Elements Penalty Important Points to Remember
236 1. That the offender is entitled to hold a public office or Suspended until complied with
Anticipation of Duties of Public employment, either by election or appointment formalities and fine from P200-P500
Office 2. That the LAW requires that he should first be sworn in
and/or should first give a bond
3. He assumes performance of duties and powers of
such office
4. That he has not taken his oath and/or given bond
required
237 1. That the offender is holding a public office PC minimum, TSD minimum, and fine Public officer who has been suspended, separated,
Prolonging Performance of 2. That the period provided by law, regulations or not exceeding P500 declared overaged, or dismissed cannot continue to
Duties and Powers special provisions for holding such office, has already perform the duties of his office
expired
1. That he continues to exercise the duties and powers
of such office
238 1. That the offender is a public officer A Mayor – to detriment of public 1. There must be a written or formal resignation
Abandonment of Office or 2. That he formally resigns from his position service 2. Abandonment Distinguished from Negligence in
Position 3. That his resignation has not yet been accepted Prosecution of Offenses (Article 208):
4. That he abandons his office to the detriment of the PC minimum and medium, and A 1. Abandonment – committed by any public officer;
public service Mayor – if to evade duty of preventing, Article 208 – committed by public officers who
prosecuting or punishing have the duty to institute prosecution for
Qualifying Circumstance: punishment of violation of the law
- preventing, prosecuting or punishing any of the 2. Abandonment – public officer abandons office to
crimes falling within Title One, and Chapter One of evade discharge of duties; Article 208 – public
Title 3 of Book 2 (Crimes against National Security officer does not abandon office
and Law of Nations and Crimes against Public Order)

239 1. That the offender is a executive or judicial officer PC minimum, TSD, and fine not
Usurpation of Legislative 2. That he makes general rules or regulations beyond exceeding P1,000
Powers the scope of his authority, or attempts to repeal a
law, or suspends the execution thereof
240 1. That the offender is a judge A Mayor in medium period to PC in Legislative officers are not liable for usurpation of powers
Usurpation of Executive 2. That he assumes a power pertaining to the minimum period – only Article 177 (Usurpation of authority or official
Functions executive authorities, or obstructs the executive functions)
authorities in the lawful exercise of their powers
241 1. That the offender is an officer of the executive branch A Mayor medium to PC minimum Articles 239-241 punish interference by officers of one of
Usurpation of Judicial of the government the 3 departments of government with function of officers
Functions 2. That he assumes judicial powers, or obstructs the of another department
execution of any order or decision rendered by any
judge within his jurisdiction
242 1. That the offender is a public officer A Mayor and fine not exceeding P500
Disobeying Request for 2. That a proceeding is pending before such public
Disqualification officer
3. That there is a question brought before the proper
authority regarding his jurisdiction, which is not yet
decided
4. That he has been lawfully required to refrain from
continuing the proceeding

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Crime Elements Penalty Important Points to Remember
243 1. That the offender is an executive officer A Mayor, and fine note exceeding P500 1. Purpose of the provision is to maintain the
Orders or Requests by 2. That he addressed any order or suggestion to any independence of the judiciary
Executive Officer to any Judicial judicial authority 2. Legislative or judicial officers are not liable under
Authority 3. That the order or suggestion relates to any case or Article 243
business coming within the exclusive jurisdiction of
the courts of justice
244 1. That the offender is a public officer A Mayor and a fine not exceeding 1. The offense is committed by nominating or by
Unlawful Appointments 2. That he nominates or appoints a person to a public P1,000 appointing.
office 2. Recommending is not a crime
3. That such person lacks the legal qualifications 3. There must be law that provides for the
therefore qualifications or a person to be nominated or appointed to
4. That the offender knows that his nominee or a public office
appointee lacks the qualifications at the time he made the
nomination or appointment
245 1. That the offender is a public officer PC medium and maximum and TSD 1. Solicit – propose earnestly and persistently
Abuses Against Chastity 2. That he solicits or makes immoral or indecent something unchaste and immoral to a woman
advances to a woman 2. The advances must be immoral or indecent
3. That such woman must be: 3. The crime is consummated by mere proposal
1. Interested in matters pending before the 4. Proof of solicitation is not necessary when there is
offender for decision, or with respect to which he sexual intercourse
is required to submit a report to or consult with a
superior officer; or
2. 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 arrest; or
3. The wife, daughter, sister or relative within the
same degree by affinity of the person in the
custody of the offender
246 1. That a person is killed What if a stepfather killed his 1.
Relationship of the offender with the victim is the
Parricide 2. That the deceased is killed by the accused stepson? essential element of this crime
3. That the deceased is the father, mother, or child, 2. Parents and children are not included in the term
whether legitimate or illegitimate, or a legitimate other The stepfather is not liable for “ascendants” or “descendants”
ascendant or other descendent, or the legitimate parricide. It can either be murder or 1. The child should not be less than 3 days old, otherwise
spouse, of the accused homicide, as the case may be, because the crime is infanticide
their relationship is not based on 2. Spouse must be legitimate
Note: blood. 3. Relationship must be alleged
1. Other ascendants or descendants must be legitimate Again, the relationship must be 4. There is crime of parricide thru reckless imprudence
2. Father, mother, or child may be legitimate or legitimate, in the direct line and by 5. There is also parricide by mistake
illegitimate blood. 6. A stranger who cooperates in parricide will not be
guilty of parricide but only homicide or murder

247
Death or Physical Injuries
Inflicted Under Exceptional
Circum-stances
1. That a legally married person or a parent surprises
his spouse or his daughter, the latter under 18 years
of age and living with him, in the act of committing
sexual intercourse with another person
2. That he or she kills any or both, of them or inflicts
upon any or both of them any serious physical injury
in the act or immediately thereafter
3. That he has not promoted or facilitated the
* Note: 1. Required to be a legally married person
This article does not define and 2. The article does not seem to require that the parent
penalize a penalty be legitimate, it requires only that she is under 18 and
that she is living with her parents
Destierro – if accused killed or inflicted 3. The article does not seem to apply to a married
serious physical injuries on spouse or daughter
other person 4. Surprising the spouse or daughter in ACT of sexual
intercourse in indispensable
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Crime Elements
prostitution of his wife or daughter, or that he or she
had not consented to the infidelity of the other
spouse
Surprise – to come upon suddenly and unexpectedly from reprisals by relatives of deceased
248 1. That a person was killed
Murder 2. That the accused killed him
3. That the killing was attended by any of the qualifying
circumstances mentioned in Article 248
4. The killing is not parricide or infanticide
Murder – unlawful killing of any person which is NOT
parricide or infanticide, provided the following
circumstances are present:
1. With treachery, taking advantage of superior
strength, with the aid of armed men, or employing
means to weaken the defense, or of means or persons to
insure or afford impunity
1. In consideration of a price, reward or promise
2. By means of inundation, fire, poison, explosion,
shipwreck, stranding of vessel, derailment or assault
upon a railroad, fall of an airship, by means of motor
vehicles, or with the use of any other means involving
great waste and ruin
3. On occasion of any of the calamities enumerated in
the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone, great
waste and ruin
4. With evident premeditation
5. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or outraging
or scoffing at his person or corpse
*Note: read discussion in Article 13 on Aggravating
Circumstances
Penalty Important Points to Remember
Exempt from punishment – if inflicted 5.This article is not applicable when the accused
physical injuries of any kind did not see his spouse in the act of sexual
intercourse with another person
Destierro is intended to protect spouse • It is enough however that the circumstances show
reasonably that the carnal act is being committed or
spouse has just been committed
• There is conflict of opinion on whether “sexual
intercourse” includes preparatory acts
• The killing or inflicting of injuries must be: (a) in the
act of sexual intercourse, or (2) immediately
thereafter
• The killing must be the direct by-product of the
accused’s rage
• The killing of the spouse by accused must be by
reason of having surprised her in the act of sexual
intercourse with another person
• No criminal liability if physical injuries are less serious
or slight
• Accused cannot be held liable for injuries sustained by
3rd persons as a result thereof, since he was NOT
committing a felony
RP to Death 1. The offender must have intent to kill to be liable for
murder committed by means of fire, or other means
enumerated in par. 3 of Article 248
2. Killing a person with treachery is murder even if there
is no intent to kill
3. Rules for application of the circumstances which
qualify the killing to murder:
1. Murder will exist with only one of the
circumstances described in Article 248
2. When the other circumstances are absorbed or
included in one qualifying circumstance, they
cannot be considered as generic aggravating
1. Any of the qualifying circumstances enumerated
in Article 248 must be ALLEGED in the
information
1. Treachery and premeditation are inherent in murder
by poison
2. When the intention of accused was merely to sexually
excite a woman, and not to kill her, the crime is
homicide
3. Outraging – commit an extremely vicious or deeply
insulting act
4. Scoffing – jeer, and implies a showing of irreverence
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Crime Elements
249 1. That a person is killed
Homicide 2. That the accused killed him without any justifying
circumstances
3. That the accused had the intention to kill, which is
presumed
4. That the killing was not attended by any of the
qualifying circumstances of murder, or by that of
parricide or infanticide
Homicide – unlawful killing of any person, which is
neither parricide, murder nor infanticide
Accidental Homicide – death of a person brought about
by a lawful act performed with proper care and skill,
and without homicidal intent
Corpus Delicti – actual commission of the crime
charged; means that the crime was actually
perpetrated, and does not refer to the body of the
murdered person
250 Frustrated Parricide, Murder or Homicide - Penalty
Penalty lower by one degree than that which should be imposed
under provisions of Article 50
Attempted Parricide, Murder or Homicide –
Penalty lower by one under provisions of Article 51
251 1. That there be several persons
Death Caused in Tumultuous 2. That they did not compose groups organized for the
Affray common purpose of assaulting and attacking each
other reciprocally
3. That there several persons quarreled and
assaulted one another in a confused and tumultuous
manner
1. That someone was killed in the course of the affray
2. That it cannot be ascertained who actually killed the
deceased
3. That the person or persons who inflicted serious
physical injuries or who used violence can be
identified
Tumultuous Affray – the disturbance is caused by more
than three persons who are armed or are provided
with means of violence
Persons Liable for Death in Tumultuous Affray:
1. Person(s) who inflicted the serious physical injuries
2. If it is not known who inflicted the serious physical
injuries on the deceased, all the persons who used
violence upon the person of the victim are liable,
Penalty
RT
PM – in case of death of victim, though 1.
it cannot be ascertained who killed
him, if person who inflicted serious
physical injuries can be identified
PC in medium and maximum – all
those who used violence upon victim
Important Points to Remember
1. Penalty for homicide will be one degree higher when
the victim is under 12 years of age
2. Intent to kill is conclusively presumed when death
results
3. Evidence of intent to kill is important only in
attempted or frustrated homicide
4. Intent to kill must be proven beyond reasonable
doubt
5. That the death of the deceased was due to his refusal
to be operated on is NOT a defense
6. The killing must not be justified
7. No offense of frustrated homicide thru imprudence
8. Where the wounds that caused death were inflicted by
2 different persons, even if they were not in
conspiracy, each of them is guilty of homicide
9.
1. This article is permissive, not mandatory
2. Court may impose penalty 2 degrees lower for
frustrated parricide, murder or homicide
3. Court may impose penalty 3 degrees lower for
attempted parricide, murder or homicide
4. An attempt against the life of the Chief Executive, etc.
is punishable by death
When there are two identified groups of men who
assaulted each other, then there is no tumultuous
affray
2. The person killed in the course of the affray need not
be one of the participants in the affray
3. If the one who inflicted the fatal wound is know, the
crime is NOT homicide in tumultuous affray but
HOMICIDE under Article 249 against the one who
inflicted the fatal wound
4. The serious physical injuries, if inflicted by one of the
participants, should not be the cause of the death of
the deceased
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Crime Elements Penalty Important Points to Remember
but with lesser liability

252 1. That there is a tumultuous affray as referred to in the
Physical Injuries Caused in preceding article
Tumultuous Affray 2. That a participant(s) thereof suffer serious physical
injuries or physical injuries of a less serious nature
only
3. That the person responsible therefore cannot be
identified
4. That all those who appear to have used violence
upon the person of the offended party are known
253 Acts Punishable as Giving Assistance to Suicide:
Giving Assistance to Suicide •By assisting another to commit suicide, whether the
suicide is consummated or not
•By lending his assistance to another to commit suicide to
the extend of doing the killing himself
1st paragraph – Penalty next lower in
degree than that provided for the
physical injuries so inflicted
2nd Paragraph – A Mayor from 5 to 15
days
PM – any person who shall assist
another to commit suicide
RT – lending assistance to the extent
of doing the killing himself
A Mayor medium and maximum – if
suicide is not consummated
1. Victim must be one or some of the participants in the
affray
2. Only the one who used violence in liable
3. The 2nd paragraph seems to refer to less serious
physical injuries
4. It is believed that in providing the penalty of
Arresto Mayor for physical injuries of a less serious nature
in a tumultuous affray, the legislature intended to
EXCLUDE slight physical injuries
1. This article does not distinguish and does not make
any reference to the relation of the offender with the
person committing suicide
2. A person who attempts to commit suicide is not
criminally liable
3. A pregnant woman who tried to commit suicide by
means of poison, but instead of dying, the fetus in her
womb was expelled is NOT liable for abortion
4. Assistance to suicide is different from mercy-killing
5. Euthanasia – practice of painlessly putting to death
a person suffering from some incurable disease
6. Euthanasia is not lending assistance to suicide. In
euthanasia, the person killed does not want to die.
7. A doctor who resorts to mercy killing of his patient
may be liable for suicide

254 1. That the offender discharges a firearm against or at PC minimum and medium – any 1. There must be no intention to kill
Discharge of Firearms another person person who shall shoot at another 2. The purpose of offender is only to intimidate or
2. That the offender has no intention to kill that person firearm unless frustrated or attempted frighten the offended party
parricide, murder or homicide, or any 3. If the firearm is NOT discharged at a person, there is
other crime for which a higher penalty no crime of discharge of firearm
is prescribed by articles of this code 4. Discharge towards the house of victim is not illegal
discharge of victim
5. Firing a gun against the house of the offended party at
random, not knowing in what part of the house the
people inside were, is only crime of Alarm
6. Complex crime of illegal discharge of firearm with
serious or less serious physical injuries – when in
illegal discharge of firearm, the offended party is hit
and wounded
7. There is no complex crime when only slight physical
injuries (light felony) are inflicted
8. A public officer who fires his revolver in the air in
order to capture some gamblers and to prevent them
from escaping is NOT guilty of this crime

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Crime Elements
255 1. That a child was killed
Infanticide 2. That the deceased child was less than 3 days (72
hours) of age
3. That the accused killed the said child
Infanticide – killing of any child less than three days of
age, whether the killer is the parent or grandparent,
any other relative of the child, or a stranger
256 Ways of Committing Intentional Abortion:
Intentional Abortion •By using any violence upon the person of the pregnant
woman
•By acting, but without using violence, without the
consent of the woman (by administering drugs or
beverages upon such pregnant woman without her
consent)
•By acting (by administering drugs or beverages), with
the consent of the pregnant woman
Elements:
•That there is a pregnant woman
1.That violence is exerted, or drugs or beverages
administered, or that the accused otherwise acts upon
such pregnant woman
2.That as a result of the use of violence or drugs or
beverages upon her, or any other act of the accused, the
fetus dies, either in the womb or after having been
expelled therefrom
•That the abortion is intended
Penalty
Penalty provided for parricide (Art.
246) and Murder (Art. 248)
PM medium and maximum – if
committed by the mother of child for
purposes of concealing dishonor
RT – if crime committed for same
purpose by maternal grandparents or
either of them
RT – if he shall use any violence upon 1. Persons Liable for Intentional Abortion
the person of the pregnant woman
PM – if, without using violence, he
shall act without the consent of the
woman
PC medium and maximum – if woman
shall have consented
Important Points to Remember
1. The penalty is for parricide or murder, but the name
of the crime is always infanticide
1. Father or mother or legitimate ascendant who
kills child of less than 3 days old to suffer penalty
of parricide
2. Other persons who kills a child less than 3 days
old to suffer the penalty for murder
2. Concealing dishonor is not an element of infanticide; it
merely mitigates the liability of mother or maternal
grandparents
3. Reason for mitigating circumstance: obfuscation for
fear of dishonor
4. Delinquent mother who claim concealing dishonor
must be of good reputation
5. No crime of infanticide is committed where the child
was born dead, or although born alive, it could not
sustain an independent life when it was killed
6. A fetus about 6 months old cannot subsist by itself,
outside the maternal womb
1. Person who intentionally caused abortion –
under Article 256
1. Woman, if she consented – under Art. 258
2. Woman, if she did not consent – NOT liable
a. Abortion distinguished from Infanticide
a. Infanticide – if fetus can sustain an independent
life after its separation from the maternal womb,
and is killed
b. Abortion – otherwise
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Criminal Law Reviewer
Crime Elements Penalty Important Points to Remember
257 1. That there is a pregnant woman PC minimum and medium 1. This crime is committed only by violence
Unintentional Abortion 2. That violence is used upon such pregnant woman 2. The violence must be intentionally exerted
without intending an abortion 3. There is unintentional abortion thru imprudence
3. That the violence is intentionally exerted 4. There are conflicting decisions on whether the
4. That as a result of the violence, the fetus dies, either accused is liable for abortion even if he did not know
in the womb or after having been expelled therefrom that the woman was pregnant
5. There is a complex crime of homicide with
* Note: unintentional abortion
- Violence is actual physical force 6. There is complex crime of parricide with abortion
7. Article 257 does not apply when there is no intent to
cause abortion and there is no violence
258 1. That there is a pregnant woman who has suffered an PC medium and maximum – woman 1. Woman is liable:
Abortion Practiced by the abortion who practices abortion on herself; a. when she shall practice an abortion upon herself
Woman Herself or by her 2. That the abortion is intended parents of woman or either of them to b. when she shall consent that any other person
Parents 3. That the abortion is caused by: conceal dishonor should do so
1. the pregnant woman herself a. Liability of pregnant woman is mitigated if purpose is
2. any other person, with her consent PC minimum and medium – any to conceal dishonor
3. any of her parents, with her consent, for the woman who does it to conceal b. No mitigation for parents of pregnant woman even if
purpose of concealing her dishonor dishonor the purpose is to conceal dishonor, unlike in
Cases Covered by Article 258: infanticide
1. Abortion committed by woman upon herself or by any
other person with her consent
2. Abortion by the woman upon herself to conceal her
dishonor
3. Abortion by any of the parents of the woman with the
latter’s consent to conceal her dishonor
259 Elements for Physician or Midwife Penalties provided for in Article 256 in 1. Penalty for intentional abortion is imposed in
Abortion Practiced by a 1.That there is a pregnant woman who has suffered an maximum period – who takes maximum period on physician or midwife
Physician or Midwife and abortion advantage of scientific knowledge or 2. Reason for Maximum penalty: used knowledge for
Dispensing of Abortives •That the abortion is intended skill destruction of human life, where it should only be
•That the offender, who must be a physician or midwife, used for preservation
causes, or assists in causing, the abortion A Mayor and a fine not exceeding 3. It is not necessary that the pharmacist knows that the
•That said physician or midwife takes advantage of his or P1,000 – pharmacist abortive would be used to cause an abortion
her scientific knowledge or skill 4. What is punished is the act of dispensing abortive;
it’s not necessary that the abortive be actually used
Elements for Pharmacists:
•That the offender is a pharmacist
•That there is no proper prescription from a physician
1.That the offender dispenses any abortive

260 Acts Punishable in Duel:
Duel 1.By killing one’s adversary in duel
2.By inflicting upon such adversary physical injuries
•By making a combat although no physical injuries have
been inflicted
Duel – formal or regular combat previously concerted
between two parties in the presence of two or more
seconds of lawful age on each side, who makes the
selection of arms and fix all other conditions of the
RT – if he should kill his adversary
Penalty provided therefore, according
to their nature – in case of physical
injuries
A Mayor – combatants, although no
physical injuries have been inflicted
1. If death results, the penalty is the same as that for
homicide
2. General principle: when there is intent to kill, the
inflicting of physical injuries is either attempted or
frustrated homicide
3. The code disregards the intent to kill in considering
the penalty for duel when only physical injuries are
inflicted upon the adversary
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Criminal Law Reviewer
Crime Elements Penalty Important Points to Remember
fight

Persons Liable in Duel:

1.The person who killed or inflicted physical injuries upon
his adversary, or both combatants in any other case, as
principles
•The seconds, as accomplices
261 Acts Punished under this Article: PC minimum Persons Responsible Under this Article:
Challenging to Duel •By challenging another to a duel 1.Challenger
1.By inciting another to give or accept a challenge to a 2.Instigator
duel
•By scoffing at or decrying another publicly for
having refused to accept a challenge to fight a duel

262 1. By intentionally mutilating another by depriving him, RT to RP – essential organ for 1. Mutilation of the first kind is castration which must be
Mutilation either totally or partially, of some essential organ for reproduction made purposely.
reproduction 2. The penalty shall be one degree higher than that
1. That there be castration (mutilation of organs PM medium and maximum – other imposed by law when the victim is under 12 years of
necessary for generation such as a penis or mutilation age.
ovarium) 3. The offender must have the intention to deprive the
2. That the mutilation is caused purposely or offended party of a part of his body.
deliberately, that is, to deprive the offended party of 4. Mutilation – lopping or clipping off of some part of the
some essential organ for reproduction body
1. By intentionally making other mutilation, that is, by 5. Mayhem – other intentional mutilation
lopping or clipping off any part of the body of the
offended party, other than the essential organ for
reproduction, to deprive him of that part of his body.

263 Serious Physical Injuries:
Serious Physical Injuries 1.When the injured person becomes insane, imbecile,
impotent or blind in consequence of the physical injuries
inflicted.
2.When the injured person (a) loses the use of speech or
the power to hear or to smell, or loses an eye, a hand, a
foot, an arm, or a leg, or (b) loses the use of any such
member, or (c) becomes incapacitated for the work in
which we were theretofore habitually engaged, in
consequence of the physical injuries inflicted.
3.When the person injured (a) becomes deformed, or (b)
loses any other member of his body, or (c) loses the use
thereof, or (d) becomes ill or incapacitated for the
performance of the work in which he was habitually
engaged for more than 90 days, in consequence of the
physical injuries inflicted.
4.When the injured person becomes ill or incapacitated
for labor for more than 30 days (but must not be more
than 90 days), as a result of the physical injuries inflicted.
PM – under no. 1 1.Committed by wounding, beating, assaulting or
administering injurious substance
PC medium and maximum – under no. 2. May be committed by reckless imprudence, or by
2 simple imprudence or negligence.
3. There must not be intent to kill
PC minimum and medium – under no. 4. Blindness (Must be Complete) and Loss of an Eye
3 1. Paragraph 1 – must be both eyes
2. Paragraph 2 – one eye only
A Mayor maximum to PC minimum – 5. Loss of Power to Hear
under no. 4 1. Paragraph 2 – both ears
2. Paragraph 3 – one ear only
6. Loss of hand or incapacity of usual work must be
permanent
7. Paragraph 2 refers to principal members of the body,
while Paragraph 3 covers any other member which is
not principal member of body
8. Deformity requires (a) physical ugliness, (b)
permanent and definite abnormality, and (c)
conspicuous and visible.
9. Deformity by loss of teeth refers to injury which
cannot be repaired by action of nature
10. There is illness for a certain period of time, when
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Criminal Law Reviewer
Crime
264
Adminis-tering Injurious
Substances or Beverages
265
Less Serious Physical Injuries
266
Slight Physical Injuries and
Maltreat-ment
Elements
Classes of Serious physical injuries: (a) consequences of
the injuries inflicted, (b) nature and character of the
wound inflicted, and (c) the proper penalty
Physical Injuries Distinguished from Attempted or
Frustrated Homicide:
•In both, the offender inflicts physical injuries, however
homicide may be committed, even if no physical injuries
are inflicted
•There is no intent to kill in physical injuries
Ordinary Physical Injuries Distinguished from
Mutilation:
•Mutilation – must have been caused purposely and
deliberately
•Physical Injuries – this intention is not present
1. That the offender inflicted upon another any serious
physical injury
2. That it was done by knowingly administering to him
any injurious substance or beverages or by taking
advantage of his weakness of mine or credulity
3. That he had no intent to kill
Qualified Less Serious Physical Injuries
1.Paragraph 2:
• there is manifest intent to insult or offend the
injured person
a. there are circumstances adding ignominy to the
offense
•Paragraph 3:
1. the offender’s parents, ascendants, guardians,
curators or teachers
2. persons of rank or persons in authority, provided
the crime is not direct assault
Kinds of Slight Physical Injuries:
1.Physical injuries which incapacitated the offended party
for labor from 1 to 9 days, or required medical attendance
during the same period
2.Physical injuries which did not prevent the offended
party from engaging in his habitual work or which did not
require medical attendance
3.Ill-treatment of another by deed without causing any
injury
Penalty
Penalties established by the next
preceding article
Fine not exceeding P500 in addition to
A Mayor – 2nd paragraph
PC in minimum and medium –
paragraph 3
A Menor – par 1
A Menor or fine not exceeding P200
– par 2
A Menor minimum or fine not
exceeding P50 - par 3
Important Points to Remember
the wound inflicted did not heal within that period
•Medical attendance is not important in serious
physical injuries
•In Par 2 and 3, offended party must have an
avocation or work at the time of the injury
•Par 4 speaks of incapacity for any kind of labor
•Where the category of the offense of serious physical
injuries depends on the period of illness or incapacity
for labor, there must be evidence of the length of that
period; otherwise the offense is only slight physical
injuries
•Lessening of efficiency is not incapacity
•Serious physical injuries by excessive chastisement
by parents is not qualified.
1. Knowingly administering is an essential element
2. Administering injurious substance means introducing
into the body the substance
3. This article does not apply when the physical injuries
that result are less serious or slight
4. Taking advantage of weakness or credulity may take
place in case of witchcraft, philters, magnetism, etc.
1. Matters to Note:
1. That the offended party is incapacitated for labor
for 10 days or more (but not more than 30), or
needs medial attendance for same period of time
2. That the physical injuries must not be those
described in the preceding articles
a. Medical attendance or incapacity is required
b. It is only slight physical injury when there is no
medical attendance or incapacity for labor
1. Actual medical attendance is required
1. When there is no evidence of actual injury, it is only
slight physical injuries
2. Example of paragraph 3 is slapping the face of
offended party
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Criminal Law Reviewer
Crime Elements
266-A Paragraph 1:
Rape 1.Offender is a man
2.Offender had carnal knowledge of a woman
266-B 3.Such act is accomplished under any of the ff
Penalties circumstance:
1. by using force or intimidation; or
• when the woman is deprived of reason or
otherwise unconscious; or
• by means of fraudulent machination or grave
abuse of authority; or
• when the woman is under 12 years of age or
demented
Paragraph 2:
•Offender commits an act of sexual assault
1.That the act of sexual assault is committed by any of the
following means:
1. by inserting his penis into another person’s
mouth or anal orifice; or
2. by inserting any instrument or object into the
genital or anal orifice of another person
2.That the sexual act is accomplished under the
circumstances mentioned in paragraph 1
Qualifying Circumstances:
1.When by reason or on occasion of the rape, a homicide
is committed
2.When victim is under 18 and offender is parent,
ascendant, stepparent, guardian, relative by
consanguinity or affinity within 3rd civil degree, or
common-law spouse of the parent of victim
3.When the victim is under the custody of the police
or military authorities or any law enforcement or penal
institution
1.When the rape is committed in full view of the husband,
parent, any of the children or other relatives within the 3rd
civil degree of consanguinity
2.When the victim is a religious engaged in legitimate
religious vocation or calling and is personally known to be
such by the offender before or at the time of the
commission of the crime
3.When the victim is a child below 7 years of age.
4.When the offender knows that he is afflicted with
HIV/AIDS or any other sexually transmissible disease and
the virus or disease is transmitted to the victim.
5.When committed by any member of AFP or paramilitary
units thereof or the PNP or any law
Penalty
Under the new law, rape is
committed by a person who shall
have carnal knowledge of another
person “when the offended party is
under 16 years of age or is
demented, even though none of
the circumstances mentioned
above be present.”- R.A 11648
Important Points to Remember
1. Offender may now be a male or female.
2. In rape under par. 1, there must be sexual
intercourse
3. Penetration, even partial, is necessary
4. Only one of the four circumstances is necessary
5. Force need not be irresistible, but it should be present
and brings the desired results
6. Force employed need not be of such character as
could be resisted
7. Intimidation includes the moral kind, such as the fear
caused by threatening
8. When the offender has ascendancy or influence
over victim, it is not necessary that she put up a
determined resistance
1. Rape may be proved by the uncorroborated
testimony of the offended
2. Deprivation of reason contemplated by law need not
be complete
3. Stages of Rape:
1. Consummated – enough that there was
penetration, even partial/slight
2. Frustrated – none
3. Attempted – intent on the part of accused to
have carnal knowledge of woman
4. Character of offended woman immaterial in rape
5. There is a crime of multiple rape by 2 or more
offenders
6. Rape is punished by death when any of the qualifying
circumstances are present
7. Rape with homicide is a special complex crime
8. When homicide is committed NOT by reason or on the
occasion of the rape, such as while the woman
was dying, the accused had carnal intercourse with her, it
may be considered as ignominy.
1. Indemnity in Rape – P50,000
2. Indemnity in Qualified Rape – P75,000
3. Indemnity in Rape with Homicide – P50,000 and
P50,000 respectively (P100,000)
4. Damages in Rape
1. Moral Damages – P50,000 without need of proof
2. Exemplary Damages – if one or more
aggravating circumstances was committed
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Criminal Law Reviewer
Crime Elements
enforcement agency or penal institution, when the
offender took advantage of his position to facilitate
the commission of the crime
•When by reason or on the occasion of the rape, the
victim has suffered permanent physical mutilation or
disability
•When the offender knew of the pregnancy of the
offended party at the time of the commission of the
crime
•When the offender knew of the mental disability,
emotional disorder and/or physical handicap of the
offended party at the time of the commission of the
crime
266-C 1. Subsequent valid marriage between the offender and
Effect of Pardon the offended party shall extinguish the criminal action
or the penalty imposed.
2. In case it is the legal husband who is the offender, the
subsequent forgiveness by the wife as the offended
party shall extinguish the criminal action or the
penalty
266-D 1.
Any physical overt act manifesting resistance against
Presumptions the act of rape in any degree from the offended
party; or
2. Where the offended party is so situated as to render
him/her incapable of giving consent
267 1. That the offender is a private individual
Kidnapping and Serious Illegal 2. That he kidnaps or detains another, or in any other
Detention manner deprives the latter of his liberty
3. That the act of detention or kidnapping must be
illegal
4. That in the commission of the offense, any of the
following circumstances are present:
1. The kidnapping or detention lasts for more
than 3 days or;
1. It is committed simulating public authority or;
2. Any serious physical injuries are inflicted upon
the person kidnapped or detained or threats to
kill him are made; or
3. The person kidnapped or detained is a minor
(except when the accused is any of the parents),
female or a public officer.
Special Complex Crime of Kidnapping with Murder
– effectively eliminated the distinction drawn by
courts between those cases where the killing was
purposely sought by the accused, and those where
the killing of the victim was not deliberately resorted
to but was merely an afterthought
Penalty
RP to Death – any of the 4
circumstances
Death – purpose of extorting ransom
Maximum penalty – if victim is killed or 3. Intention to deprive victim of his liberty for purpose of
dies, or raped or subject to torture or
dehumanizing acts
Important Points to Remember
1. Effect of marriage – extinguishes not only the penal
action, but likewise the penalty that may be imposed
2. Marriage extinguishes the penal action and the
penalty only as to the principal and not to the
accomplices and accessories
3. The crime shall not be extinguished or the penalty
shall not be abated if the marriage is void ab initio
1. If the offender is a public officer, the crime is arbitrary
detention
2. When a victim is a minor and the accused is one of the
parents – A mayor or a fine not exceeding P300, or
both
extorting ransom is essential in crime
4. Actual demand for ransom is not necessary
5. The accused is not liable when there is lack of motive
to resort to kidnapping
6. Detention or locking up of victim is essential, but it is
not necessary that it is an inclosure and restraint need
not be permanent
7. Detention must be illegal, i.e. when not ordered by
competent authority or not permitted by law
8. Deprivation of one’s liberty is essential element
9. Restraint by robbers is not illegal detention
10. The purpose is immaterial when any of the 4
circumstances in the first paragraph is present
11. Where a person is taken from one place to another
solely for the purpose of killing him
12. Ransom – money, price or consideration paid or
demanded for redemption of a captured persons, a
payment that releases from captivity
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Criminal Law Reviewer
Crime Elements Penalty Important Points to Remember
Illegal Detention Distinguished from Arbitrary 13. Conspiracy to extort ransom makes all conspirators
Detention; liable under the 2nd paragraph, including those who
1.Illegal Detention is committed by a private individual did not take any part of the money
who unlawfully kidnaps, detains or otherwise deprives a
person of liberty; Arbitrary Detention is committed by
public officer or employee who detains a person without
legal ground
2.Illegal Detention is a crime against personal liberty and
security; Arbitrary Detention is a crime
against the fundamental law of the State

268 1. That the offender is a private individual RT – offender and person who 1. Participation of accomplice in furnishing place is
Slight Illegal Detention 2. That he kidnaps or detains another, or in any other furnished place for perpetration of raised to that of a real co- principal
manner deprives him of his liberty crime 2. Privileged mitigating circumstance in slight illegal
3. That the act of kidnapping or detention is illegal PM minimum and medium and a fine detention:
4. That the crime is committed without the attendance not exceeding P700 – voluntary 1. Voluntarily releases person so kidnapped or
of any of the circumstances enumerated in Article release detained within 3 days from commencement of
267 detention
2. Without having attained purpose intended
3. Before the institution of criminal proceedings
against him
269 1. That the offender arrests or detains another person A Mayor and a fine note exceeding 1. The offender is any person, whether a public officer or
Unlawful Arrest 2. That the purpose of the offender is to deliver him to P500 a private individual
the proper authorities 2. There is no unlawful arrest when the arrest is
3. That the arrest or detention is not authorized by law authorized by a warrant issued by the court
or there is no reasonable ground therefore 3. Distinguished from Article 125:
1. Article 126 – detention is for legal grounds; in
Unlawful arrest distinguished from other illegal unlawful arrest – detention is illegal
detention: if the purpose of locking up or detaining 2. Article 125 – crime is failing to deliver person; in
is to deliver to authorities, the crime is unlawful unlawful arrest – crime is making unauthorized
arrest; otherwise, it is other illegal detention arrest
4. Motive of offender is controlling
5. No period of detention is fixed
270 1. That the offender is entrusted with the custody of a RP 1. This covers all minors, whether under or over 7 years
Kidnapping and Failure to minor person (below 21 years of age) A Mayor or a fine not exceeding P300 of age
Return a Minor 2. That he deliberately fails to restore the said minor to or both – when the crime is committed 2. What is punished is the deliberate failure of the
his parents or guardians by father or mother custodian of the minor to restore the latter to his
parents or guardians
Distinguishing Article 267 and Article 270: 3. Kidnapping and failure to return a minor is necessarily
1. In Article 267 – the offender is not entrusted with included in Kidnapping and Serious Illegal Detention
custody
2. In Article 270 – the offender is entrusted with
custody of minor
271 1. That a minor is living in the home of his parents or PC and a fine not exceeding P700 – 1. The inducement must be actual, committed with
Inducing a Minor to Abandon guardian or person entrusted with his custody offender is any person criminal intent, and determined by a will to cause
His Home 2. That the offender induces said minor to leave such A Mayor or a fine not exceeding P300, damage
home or both – offender is parent 2. The minor should not leave his home on his own free
will

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Criminal Law Reviewer
Crime Elements
272 1. That the offender purchases, sells,
Slavery kidnaps or detains a human being.
2. That the purpose of the offender is to
enslave such human being
Slavery and Kidnapping or Illegal
Detention Distinguished:
1. Slavery – purpose is to enslave
victim
2. Kidnapping or Illegal Detention –
any other purpose
273 1. That the offender retains a minor in his
Exploitation of Child service
Labor 2. That it is against the will of the minor
3. That it is under the pretext of
reimbursing himself of a debt incurred
by an ascendant, guardian or person
entrusted with the custody of such
minor
274 1. That the offender compels a debtor to
Services Rendered work for him, either as household
Under Compulsion in servant or farm laborer
Payment 2. That it is against the debtor’s will
3. That the purpose is to require or
enforce the payment of a debt
Penalty Important Points to
Remember
PM and a fine not exceeding 1. If the purpose of the offender is to
P10,000 assign the offended party to some
immoral traffic (prostitution), the
Maximum Period – if penalty is higher.
purpose is to assign to 2. The employment or custody of a minor
immoral traffic with the consent of the parent or
guardian although against the child’s
will cannot be considered to be
involuntary servitude
PC minimum and medium 1. The service of the minor must be
and a fine not exceeding against his will
P500 2. The existence of indebtedness
constitutes no legal justification for
holding a person and depriving him of
his freedom to live where he wills
A Mayor maximum to PC 1. The article specifically provides that the
minimum debtor is compelled to work as
household servant or farm laborer and
not any other work
2. This article, like Article 273, punishes a
form of slavery, but Article 274 does
not distinguish whether the victim is a
minor or not
3. Under this article it is the debtor who is
compelled to work for the offender,
while in Article 273 it is the minor
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 275 Acts Punishable: A Mayor 1. Paragraph 2 of this article applies only
Abandonment of 1.Failing to render assistance to any when someone is accidentally injured
Persons in Danger and person whom offender finds in an by the accused
Abandonment of One’s uninhabited place wounded or in danger of 2. It is immaterial that the offender did
Own Victim dying when he can render such assistance not know that the child is under 7 years
without detriment to himself, unless such old
omission shall constitute a more serious 3. Paragraph 3 applies to one who found a
offense lost child
1. The place is uninhabited 4. The child under 7 years of age must be
2. The accused found there a person found by the accused in an unsafe
wounded or in danger of dying place
3. The accused can render assistance
without detriment to himself
4. The accused fails to render
assistance
2.Failing to help or render assistance to
another whom the offender has
accidentally wounded or injured
3.Failing to deliver a child, under 7 years
of age whom the offender has found
abandoned, to the authorities or to his
family, or by failing to take him to a safe
place
276 1. That the offender has the custody of a A Mayor and a fine not 1. When there is intent to kill this article
Abando-ning a Minor child exceeding P500 does not apply
2. That the child is under 7 years of age 2. Intent to kill cannot be presumed from
3. That he abandons such child PC medium and maximum – the death of a child
4. That he has not intent to kill the child results in death of minor 1. Crimes against Persons – intent to
when the latter is abandoned PC minimum and medium – kill is presumed
Criminal Law Reviewer
Crime Elements
Qualifying Circumstances: endanger life of minor
1.When death of the minor resulted from
such abandonment, or
2.if the life of the minor was in danger
because of the abandonment
277 Acts Punished:
Abandon-ment of 1.By delivering a minor to a public
Minor by Person institution or other persons without the
Entrusted with His consent of the one who entrusted such
Custody; Indifference minor to the care of the offender or, in the
of Parents absence of that one, without the consent
of the proper authorities
1. The offender has charge of the
rearing/education of a minor
2. He delivers minor to a public
institution or other persons
3. The one who entrusted such child
to the offender has not consented
to such act; or if the one who
entrusted such child to the offender
is absent, the proper authorities
have
not consented to it
1.By neglecting his (offender’s) children
by not giving them the education which
their station in life requires and financial
condition permits
• That the offender is a parent
1. That he neglects his children by not
giving them education
2. That his station in life requires such
education and his financial
condition permits it
Penalty Important Points to
Remember
b. Crimes against Security – intent to
kill is not presumed
• A permanent, conscious and
deliberate abandonment is required
by this article
• Parents guilty of abandoning their
children shall be deprived of
parental authority
A Mayor and a fine not 1. Rear – bring to maturity by educating,
exceeding P500 nourishing,
2. Only the person charged with “the
rearing or education” of the minor is
liable
3. Article 276 Distinguished from Article
277
1. Article 276 – the custody of the
offender is general; Article 277 –
the custody of the offender is
specific (custody for the rearing or
education of minor)
2. Article 276 – minor is under 7;
Article 277 –
minor is under 21 [18]
1. Article 276 – minor is abandoned in
such a way as to deprive him of the
care and protection that his tender
years need; Article 277 – minor is
delivered to a public institution
or other person
1. Failure to give education must be due
to deliberate desire to evade such
obligation
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 278 Acts Punished:
Exploitation of Minors 1.By causing any boy or girl under 16 to
perform any dangerous feat of balancing,
physical strength
or contortion, the offender being any
person
1.By employing children under 16 who are
not the children or descendants of the
offender in exhibitions of acrobat,
gymnast, rope walker, diver, or wild-
animal tamer, the offender being an
acrobat, etc. or circus manager or person
engaged in a similar calling
2.By employing any descendant under 12
in dangerous exhibitions enumerated in
the next preceding paragraph, the
offender being engaged in any of the said
callings
3.By delivering a child under 16
gratuitously to any person following any of
the calling enumerated in paragraph 2, or
to any habitual vagrant or beggar, the
offender being an ascendant, guardian,
teacher, or person entrusted in any
capacity with the care of such child
4.By inducing any child under 16 to
abandon the
PC in minimum and medium 1. Exploitation of minors distinguished
and a fine not exceeding from Inducing a minor to abandon his
P500 home
1. Exploitation of minors – if the
Maximum period – if purpose is to
delivery shall have been follow any of the mentioned callings;
made in consideration of Inducing Minor – if there is no such
any price, compensation, or purpose
promise 1. Exploitation – victim must be under
16; Inducing minor – minor under
21 [18]
1. Offender shall be deprived of parental
authority or guardianship
2. Exploitation of minors must refer to act
endangering the life or safety of the
minor
3. Qualifying Circumstance – if delivery is
made in consideration of any price,
compensation or promise
Criminal Law Reviewer
Crime Elements
home of its ascendants, guardians,
curators, or teachers to follow any
person engaged in any of the callings
mentioned in paragraph 2 or to
accompany any habitual vagrant or
beggar, the offender being any person
280 1. That the offender is a private person
Qualified Trespass to 2. That he enters the dwelling of another exceeding P1,000
Dwelling 3. That such entrance is against the
latter’s will
Exceptions:
1. If the entrance to another’s dwelling is means of violence
made for the purpose of preventing
some serious harm to himself, the
occupants of the dwelling or a 3rd
person
2. If the purpose is to render some
service to humanity or justice
3. If the place where entrance is made is
a café,
tavern, inn, and other public houses, while
the same are still open
Qualifying Circumstance – if the offense is
committed by means of violence or
intimidation
Dwelling Place – any building or structure
exclusively devoted for rest and
comfort
Penalty Important Points to
Remember
A Mayor and fine note 5. If the offender is a public officer, the
crime would be violation of domicile
6. Lack of permission does not amount to
PC medium and maximum prohibition,
and fine not exceeding there must be opposition on the part of the
P1,000 – committed by owner of the house to the entry of the
accused
5. Prohibition may be implied in certain
instances (e.g. considering time, door
was closed, etc.)
6. Prohibition must be in existence prior
to or at the time of the entrance
7. What is intended to be protected and
preserved is the privacy of one’s
dwelling
8. Violence does not refer to persons only
9. Violence or intimidation may take place
immediately after the entrance
10.Trespass may be committed by owner
of dwelling
11.If there is no overt act to commit
another crime, the crime is only
trespass to dwelling
Lore –ADDU Page 54
 281 1. That the offender enters the closed
Other Forms of premises or the fenced estate of
Trespass another
2. That the entrance is made while either
of them is uninhabited
3. That the prohibition to enter be
manifest
4. That the trespasser has not secured
the permission of the owner or the
caretaker thereof
282 Acts Punished:
Grave Threats 1. By threatening another with the
infliction upon his person , honor or
property or that of his family of any wrong to commit
amounting to a crime and demanding
money or imposing any other condition,
even thought not unlawful, and the
offender attained his
A Menor or a fine not 1. Premises – distinct and definite locality
exceeding P200, or both 2. Art 281 Distinguished from Trespass to
Dwelling:
1. Trespass – offender is private
person; Other Trespass – any
person
2. Trespass – offender enters a
dwelling house;
Other Trespass – enters closed premises
or fenced in estate
1. Trespass – inhabited; Other
Trespass –
uninhabited
1. Trespass – against the will of the
owner; Other Trespass – without
securing permission of owner or
caretaker
2. Trespass – prohibition is
express/implied; Other Trespass –
prohibition to enter is manifest
Penalty next lower in degree 1. Penalty will depend on whether or not
than that prescribed by law offender attained his purpose; if the
for the crime he threatened threat is not subject to a condition, the
penalty is fixed
Penalty lower by 2 degrees 2. Qualifying Circumstances:
– if offender did not attain 1. Threat made in writing
his purpose 2. Threat made thru a middleman
Criminal Law Reviewer
Crime Elements
purpose
a.That the offender threatens another
person with the infliction upon the
latter’s person, honor or property, or
upon that of the latter’s family, of any
wrong
b.That such wrong amounts to a crime
c.That there is a demand for money or
that any other condition is imposed,
even though not unlawful
d.That the offender attains his purpose
e.By making such threat without the
offender attaining his purpose
f.By threatening another with the
infliction upon his person, honor or
property or that of his family of any
wrong amounting to a crime, the
threat not being subject to a condition
a. That the offender threatens
another person with the
infliction upon the latter’s
person, honor, or property, or
upon the latter’s family, of any
wrong
b. That such wrong amounts to a
crime
c. That the threat is not subject to
a condition
283 1. That the offender makes a threat to
Light Threats commit a crime
2. That the wrong does not constitute a
crime
3. That there is a demand for money or
that other condition is imposed, even
though not lawful
4. That the offender has attained or not
attained his purpose
Penalty Important Points to
Remember
Maximum Period – if threat 3. Third form of grave threats must be
in writing or thru a serious and deliberate
middleman 4. If the threat is made in a heat of anger,
it is not punished under this article
A Mayor and a fine not 5. If the condition is not proved, it is
exceeding P500 – if no grave threats under sub-paragraph 2
condition 6. Essence of the crime of threats is
intimidation
7. The act threatened to be committed
must be wrong
8. Grave threats may be committed even
if the complainant is absent when
challenge is made
9. Crime of grave threats is consummated
as soon as the threats come to the
knowledge of the person threatened
10.Threats made in connection with the
commission of other crimes are
absorbed by the latter.
11.The offender in grave threats does not
demand the delivery on the spot of the
money or other personal property
asked of him (crime of robbery)
A Mayor 1. Light threats are committed in the
same manner as grave threats, except
that the act threatened to be
committed should not be a crime
2. Blackmailing may be punishable under
this article
Lore –ADDU Page 56
 284 Required to Give Bail not to Molest Destierro
Bond for Good Another:
Behavior •When he threatens another under the
circumstances mention in Article 282
•When he threatens another under the
circumstances mention in Article 283
285 1. By threatening another with a weapon, A Menor minimum or a fine
Other Light Threats or by drawing such weapon in a
quarrel, unless it be in lawful self-
defense
1. Threatening to draw a weapon,
even if there is no quarrel
2. Drawing a weapon in a quarrel,
which is not in lawful self-defense
2. By orally threatening another, in the
heat of anger, with some harm
constituting a crime, without persisting
in the idea involved in his threat
3. By orally threatening to do another any
harm not
Compared with Article 35
1.Art. 35 is a distinct penalty which
provides for bond
to keep the peace; this article provides for
bond for good behavior
1.Article 35 not made applicable to any
particular case; this article applicable only
to cases of grave and light threats
2.Failure to give in Article 35 – detained;
this article
– destierro
1. Article 285 compared with Article 282
not exceeding P200 and 283
1. Article 285 Par. 2 is similar to 3rd
form of grave threats because the
harm threatened to be committed is
a crime
2. Article 285 Par. 3 is similar to light
threats, because harm threatened
to be committed is not a crime
3. Article 285 – there is no demand for
money or condition or threat is not
deliberate
2. Threats, which ordinarily would be
grave threats, if made in heat of anger,
may fall under this article
Criminal Law Reviewer
Crime Elements
constituting a felony
286 Ways to Commit:
Grave Coercions 1.By preventing another, by means of
violence, threats or intimidation, from
doing something not prohibited by law
2.By compelling another, by means of
violence, threats or intimidation, to do
something against
his will, whether it be right or wrong
Elements:
•That a person 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
•That the prevention or compulsion be
effected by violence, threats or
intimidation
•That the person that restrained the will
and liberty of another had not the
authority of law or the right
to do so, or, in other words, that the
restraint shall not be made under
authority of law or in the exercise of lawful
right
Coercion Distinguished from Illegal
Detention:
- illegal detention requires
actual confinement or restraint of the
person
Penalty Important Points to
Remember
3. Light threats may be committed
where the person to whom it is directed
is absent
1. What is prevented must not be
PC and a fine not exceeding
prohibited by law
P6,000 Penalty next higher 2. The act of preventing by force must be
in degree – made at the time the offended party
violation of right of was doing or about to do the act to be
suffrage; or
prevented
committed to compel
3. If the act was already done when
another to perform any
violence is exerted, the crime is unjust
religious act; or
vexation.
committed to prevent
4. Compelling another to do something
another from performing
includes the offender’s act of doing it
any religious act
himself while subjecting another to his
will
5. When the complainant is in actual
possession of a thing, even if he has
not right to that possession, compelling
him by means of violence to give up
possession, even by owner, is grave
coercion
6. Not intimidation by display of force, if
arms are not used
7. The force or violence must be
immediate, actual or imminent
8. There is no grave coercion when the
accused acts in good faith in
performance of duty
9. Purpose of Law – enforce the principle
that no person may take the law into
his own hands
10.Coercion is consummated even if the
offended
party did not accede to the purpose of the
coercion
Lore –ADDU Page 58
 287 1. That the offender must be a creditor
Light Coercions 2. That he seizes anything belonging to
his debtor
3. That the seizure of the thing be
accomplished by means of violence or
a display of material force
producing intimidation
1. That the purpose of the offender is to
apply the same to the payment of the
debt
288 1. By forcing or compelling, directly or
Other Similar indirectly, or knowingly permitting the from P200
Coercions forcing or compelling of the laborer or - P500, or both
employee of the offender to purchase
merchandise or commodities of any
kind
1. That the offender is any person,
agent or officer of any association
or corporation
2. That he or such firm or corporation
has employed laborers or
employees
3. That he forces or compels, directly
or indirectly, or knowingly permits
to be forced
A Mayor in minimum and
fine equivalent to value of
thing, but in no case less
than P75
A Menor or a fine P5-P200,
or both –
any other coercion or unjust
vexation
A Mayor or a fine ranging
1. Actual physical violence need not be
employed
2. Unjust vexation – includes any human
conduct which, although not productive
or some physical or material harm
would, however, unjustly annoy or
vex an innocent person
1. There is no violence or intimidation in
unjust vexation
2. Difference between grave and light
coercion: use of violence
3. When the act of the accused has no
connection with previous acts of
violence, it is only unjust vexation
1. Laborers or employees have the right
to receive just wages in legal tender
2. Inducing an employee to give up any
part of his wages by force, stealth,
intimidation, threat or by any other
means is unlawful under the Labor
Code, not under the RPC
Criminal Law Reviewer
Crime Elements Penalty Important Points to
Remember
or compelled, any of his or its
laborers or employees to purchase
merchandise or commodities of any
kind from him or from said firm or
corporation
•By paying wage due his laborer or
employee by means of tokens or
objects other than the legal tender
currency of the Philippines, unless
expressly requested by such
laborer or employee
• That the offender pays the wages
due a laborer or employee
employed by him by
means of tokens or objects
• That those tokens or objects are
other than the legal tender
currency of the Philippines
• That such employee or laborer does
not expressly request that he be
paid by means of tokens or objects
289 1. That the offender employs violence or A Mayor and a fine not 1. The act should not be a more serious
Formation, threats, in such a degree as to compel exceeding P300 offense, otherwise it shall be punished
Maintnance, and or force the laborers or employers in under another article
Prohibition of the free and legal exercise of their 2. Peaceful picketing is part of freedom of
Combina-tion of industry or work speech and is not prohibited
Capital or Labor 2. That the purpose is to organize, 3. Employing violence or making threats
maintain or prevent coalitions of by picketers may make them liable for
capital or labor, strike of laborers or coercion
lockout of employers 4. Preventing employee from joining any
registered labor organization is
punished under the LC and not under
the RPC

Lore –ADDU Page 60

 290 1. That the offender is a private individual
PC in minimum and medium 1. Seize – to place in the control of
Discovery of Secrets or even a public officer not in the and a fine note exceeding someone a thing or to give him the
Thru Seizure of exercise of his official functions P500 if offender reveals possession thereof
Correspondence 2. That he seizes the papers or letters of
secrets 2. There must be a taking possession of
another papers or letters of another, even for a
3. That the purpose is to discover the A Mayor and a fine not short time only
secrets of such another person exceeding P500 if offender 3. The purpose of the offender must be to
4. That offender is informed of the shall not reveal such secrets discover the secrets of another
contents of the papers or letters seized 4. The offender must be informed of
contents of papers or letters
Exception: Article 290 not applicable to 5. This article does not require that the
offended
parents, guardians, or persons
party be prejudiced
entrusted with the custody of minors
1. Qualifying Circumstance: revealing
with respect to papers or letters of the the secret
children or minors placed under their 2. Distinguished from Public Officer
care or custody, or to spouses with Revealing Secrets of Private Individual
respect to the papers or letters of (Article 230):
either of them 1. Article 230 – public officer comes to
know secrets by reason of his office
2. Article 290 – private individual who
seizes papers of another to discover
secrets of latter
291 1. That offender is a manager, employee A Mayor and fine not 1. Secrets must be learned by reason of
Revealing Secrets with or servant exceeding P500 their employment
Abuse of Office 2. That he learns of the secrets of his 2. The secrets must be revealed by the
principal or master in such capacity offender
3. That he reveals such secrets 3. If the offender does not reveal the
secrets, the crime is not committed
4. Damage is not necessary under this
article
Criminal Law Reviewer
Crime Elements
292 1. That offender is a person in charge, employee or
Revelation of workman of a manufacturing or industrial
Industrial Secrets establishment
2. That the manufacturing or industrial
establishment has a secret of the industry which
the offender has learned
3. The offender reveals such secrets
4. That prejudice is caused to the owner
293 Classification:
Who are Guilty of 1.Robbery with violence against, or intimidation of
Robbery persons (RVAIP)
2.Robbery with the use of force upon things (RFUT)
1. Robbery in Inhabited House or Public Building
or Edifice devoted to Public Worship
2. Robbery in Uninhabited House or in a Private
Building
Elements of Robbery in General:
1.That there be personal property belonging to
another
2.That there is unlawful taking of that property
3.That the taking must be with intent to gain
4.That there is violence against or intimidation of any
person, or force upon anything
Distinctions Between Effects of Employment of
VAIAP and those of use FUT:
1.Whenever violence against or intimidation of any
person is used, the taking is always robbery; If there
is no violence or intimidation, but only FUT, taking is
robbery if force is used to either enter building or to
break doors, etc.
2.In RVAIP, value of personal property is immaterial;
penalty depends on:
1. result of violence used
2. existence of intimidation only
3.In RFUT, the penalty is based on:
1. Value of property taken
2. On whether or not the offenders carry arms
In RFUT in an uninhabited building, the penalty is
based on the value of the property taken
Penalty Important Points to Remember
PC minimum and 1. Secrets must relate to manufacturing processes
medium and a fine 2. The act constituting the crime is revealing the secret of
not exceeding the industry or employer
P500 3. Revelation may be made after employee has ceased to
be connected with the establishment
4. Prejudice is an essential element of the offense
1. The property taken must be personal property and not
real property.
2. Prohibitive articles may be subject matter of robbery
3. The property must belong to another
4. Ownership is not necessary; the possession of property
is sufficient
5. Naming of the owner is a matter of essential description
of the crime of robbery with homicide and not in RVAIP
or RFUT
6. The personal property is taken against will of owner
7. Taking must be unlawful
8. Unlawful Taking is complete:
1. RVAIP – from moment offender gains possession of
the thing
2. RFUT – thing must be taken out of building
9. Taking means depriving offended party of ownership of
thing taken with character of permanency
10. Intent to gain is presumed from unlawful taking of
personal property
11. “Intent to gain” and “personal property belonging to
another” must concur
12. Violence must be against person of offended party and
not upon thing taken
13. Intimidation need not be threat of bodily harm
14.General Rule: Violence or intimidation must be
present before taking personal property is complete
Exception: When violence results in (1) homicide,
(2) rape, (3) intentional mutilation, or (4) any of the serious
physical injuries penalized in par. 1 and 2 of Art. 263,
taking of personal property is complexed with any of
those crimes under Art. 294, even if taking was already
complete when violence was used by the offender
1. R.A. 6539 is the law applicable when property taken in
Lore –ADDU Page 62
robbery is a motor vehicle
Criminal Law Reviewer
Crime Elements
294 Acts Punished:
Robbery with 1.When by reason or on occasion of robbery, crime of
Violence Against homicide is committed
or Intimidation 2.When robbery is accompanied by rape or intentional
of Persons mutilation or arson
3.When by reason or on occasion of such robbery, any of
the physical injuring resulting in insanity, imbecility,
impotency or blindness is inflicted
4.When by reason or on occasion of such robber, any of
the physical injuries resulting in loss of use
of speech or the power to hear or to smell, or the loss of
an eye, a hand, a foot, an arm, 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
1.If the violence or intimidation employed in the
commission of the robbery is carried to a degree clearly
unnecessary for the commission of the crime
2.When in the course of its execution, 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 use 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 fro labor for more
than 30 days
1.If the violence employed by the offender does not
cause any of the serious physical injuries defined in Art.
263, or if the offender employs intimidation
only
RVAIP under Paragraph 5 of Art. 294
- known as simple robbery, because the
violence against any person does not result in homicide,
rape, intentional mutilation, or any serious physical
injuries that give rise to a special complex crime
Penalty Important Points to Remember
RP to death – Robbery with Homicide
paragraph 1 (no. 1 1.Crime defined in this article is a special complex crime
and 2) 2.“On the occasion” or “by reason” means that it must be
committed in the course of or because of the robbery
RT medium to RP – 3.Robbery and homicide are separate offenses, when the
paragraph 2 (no. 3) homicide was not committed “on occasion” or “by reason”
of robbery
RT – paragraph 3 4.Homicide – should be understood in general sense
(no. 4) 5.Juridical concept of robbery with homicide does not limit
taking of life to 1 single victim or to ordinary homicide – all
PM maximum to RT homicides or murders are merged in the composite,
medium – integrated whole that is robbery with homicide so long as
paragraph 4 (no. 5 all the killings were perpetrated by reason or on the
and 6) occasion of the robbery
6.There is no such crime as robbery with murder
PC maximum to PM 7.Robbery with homicide in dwelling does not require that
medium – RFUT is first committed
paragraph 5 (no. 7) 8.An intent to take personal property belonging to another
with intent to gain must precede killing
9.Homicide may precede robbery or may occur after
robbery
10.The killing of any person by reason of or on occasion of
robbery is punished by highest penalty regardless of the
person killed, and even if death
supervened due to an accident.
1.Where homicide is not proved, the crime is only robbery
and vice versa
2.An accessory to robbery with homicide must have
knowledge of the commission of both crimes to be
liable, not just robbery
Robbery with Rape
1.Even if the rape is committed at another place, it is still
robbery with rape
2.There is no such crime as robbery with attempted rape,
because robbery cannot be a necessary means to commit
attempted rape or vice versa
3.When taking of personal property is an independent act
following defendant’s failure to consummate the rape,
there are 2 crimes: theft and attempted rape
4.Additional rapes committed on same occasion of robbery
will not increase penalty
5.If rape and homicide with robbery co-exist, the Page
Lore –ADDU rape 63will
be considered as an aggravating circumstance
Criminal Law Reviewer
Crime Elements
Threats to Extort Money
Distinguished from Robbery Thru
Intimidation:
•Both, there is intimidation by offender
•Both, purpose is identical: to obtain gain
•In robbery, intimidation is actual and
immediate; In threats, intimidation is
conditional or future
•In robbery, intimidation is personal; In
threats, it may be done thru an
intermediary
•In robbery, intimidation is directed only
to person of victim; In threats,
intimidation may refer to person, honor or
property of offended party or that of his
family
•In robbery, gain of culprit is immediate;
in threats, gain is not immediate
Robbery with Violence Distinguished
from Grave Coercion:
•Both, there is violence used by offender
•In robber, there is intent to gain; in grave
coercion, there is not such element
Penalty Important Points to
Remember
Robbery Under Paragraph 5:
•Violence/intimidation need not be
present at any time before or at exact
moment when object taken
•Reason: Asportation is a complex fact, a
whole divisible into parts, a series of acts,
in course of which personal
violence/intimidation may be injected
•In robbery with intimidation, there must
be acts done by the accused which, either
by their own nature or by reason of the
circumstances under
which they are executed, inspire fear in
person against whom they are directed

Robbery and Bribery Distinguished:

•Robbery if victim did not commit a crime
and is
intimidated with arrest and/or prosecution
to deprive him of his personal property;
Bribery when victim has committed a
crime and give money or gift to avoid
arrest or prosecution
•In robbery, victim is deprived of
money/property by force or intimidation;
in bribery, he parts with
money/property in a sense voluntarily
Lore –ADDU Page 64
 295 Qualifying Circumstances in RVAIP:
Robbery with Physical •in an uninhabited place, or
Injuries, committed •by a band, or
Uninhabited Place and 1.by attacking a moving train, street car,
motor vehicle or airship, or
by a •by entering passengers’ compartments
band, or use of Firearm in a train,
or in any manner taking the passengers
thereof by surprise in the respective
conveyances
•on a street, road, highway, or alley, and
the intimidation is made with the use of
firearms
296 Outline:
Definition of a Band 1.When at least 4 armed malefactors take
and Penalty Incurred part in commission of a robbery, it is
deemed to be committed by a band
2.When any of the arms used in the
commission of robber is not licensed, the
penalty upon ALL the malefactors shall be
the maximum period of corresponding
penalty provided by law, without prejudice
to criminal liability for illegal possession of
such unlicensed firearms
3.Any member of a band who was present
at the commission of a robbery by the
band, shall be
Maximum period of proper 1. Any of the qualifying circumstances
penalties must be alleged
2. Being qualifying, it cannot be offset by
a generic mitigating circumstance
3. The intimidation with use of firearm
qualifies only robbery on a street, road,
etc.
4. Article 295 does not apply to robbery
with homicide, or rape, or serious
physical injuries under par. 1 or Art.
263
Maximum period of 1. To avoid liability, there must be proof
corresponding penalty that he made an endeavor to prevent
provided by law, without the assault committed by another
prejudice to criminal liability member of the band, in order that he
for illegal possession of such may not be held liable for such assault
unlicensed firearms 2. Clubs are considered as arms
3. When the robbery was not committed
by a band, the robber who did not take
part in the assault by another is not
liable for that assault
4. When robbery was not by a band and
homicide was not determined by the
accused when they plotted the crime,
the one who did not participate in the
killing is liable for robbery only
Criminal Law Reviewer
Crime Elements
punished as principal of any of the
assaults committed by the band,
unless it be shown that he attempted
to prevent the same
Requisites for Liability for Acts of
the Other Members of the Band:
•That he was a member of the band
•That he was present at commission of
a robbery by that band
•That the other members of the band
committed an assault
•That he did not attempt to prevent
the assault
297
Attempted and
Frustrated Robbery
Committed Under
Certain Circumstances
Penalty Important Points to
Remember
5. When there is conspiracy to commit
homicide and robbery, all the
conspirators, even if less than 4 armed
men, are liable for special complex
crime of robbery with homicide
6. Member must be present at the
commission of the robbery to be held
liable
7. Proof of conspiracy not necessary when
4 or more armed persons committed
robbery
8. Use of firearm, whether licensed or
unlicensed, in making the intimidation
is a qualifying
circumstance in any of the paragraphs 3, 4
and 5 of Art. 294 is committed on a
street, etc.
RT maximum to RP, unless 1. “Homicide” is used in its generic sense
homicide committed shall 2. Penalty is the same, whether
deserve a higher penalty attempted or frustrated
under the RPC 3. Not attempted or frustrated if there is
not overt act of robbery
4. Robbery with Homicide and attempted
or frustrated robbery with Homicide are
special complex crimes
5. Article 48 is applicable when offense
committed is
attempted or frustrated robbery with
serious physical injuries
Lore –ADDU Page 66
 298 1. That the offender has intent to defraud
Execution of Deeds by another;
means of Violence of 2. That the offender compels him to sign,
Intimidation execute, or deliver any public,
instrument or document; and
3. That the compulsion is by means of
violence or intimidation.
299 1. That the offender entered (a) an
Robbery in an inhabited house, or (b) public building,
Inhabited House or or (c) edifice devoted to religious
Public Building or worship;
Edifice Devoted to 2. That the entrance was effected by any
Worship of the following means:
1. Through an opening not intended
for entrance or egress,
2. By breaking any wall, roof, or floor
or breaking any door or window,
3. By using false keys, picklocks or
similar tools, or
4. By using any fictitious name or
pretending the exercise of public
authority; and
3. That once inside the building, the
offender took personal property
belonging to another with intent to
gain.
1. This article is not applicable if the
document is void.
2. Applies even if document signed,
executed or delivered is a private or
commercial document.
Mitigating Circumstance: 5. Inhabited house is any shelter, ship or
1.Offenders do not carry vessel constituting the dwelling of one
arms and the value of the or more person even though
property taken exceeds 250 temporarily absent therefrom when
pesos. robbery is committed. It includes
2.Offenders are armed, but dependencies, courts, corals, barns,
the value does not exceed etc. It does not include orchards and
250 pesos. lands for cultivation.
3.Offenders do not carry 6. In robbery by use of force upon things,
arms and the value does not it is necessary that offender enters the
exceed 250 pesos penalty building or where object may be found.
of a) or b) in minimum When there was no entry, no robbery
period. was committed.
•Committed in 7. Whole body must be inside the house,
dependencies public building or place devoted to
worship to constitute entering.
8. In entering the building, the offender
must have an intention to take
personal property (People vs. Tayag).
Criminal Law Reviewer
Crime Elements
Robbery with force upon things
1.That the offender is inside a dwelling house, public
building, or edifice devoted to religious worship,
regardless of the circumstances under which he
entered it; and
2.That the offender takes personal property belonging
to another with intent to gain, under any of the
following circumstances:
1. by the breaking of doors, wardrobes,
chests, or any other kind of locked or
sealed furniture or receptacle, or
• by taking such furniture or objects away to
be broken or forced open outside the place
of the robbery.
Note:
1.It is not necessary that entrance was made through
any of the means mentioned in subdivision (a).
•Offender may be servants or guests.
•Destruction of keyhole of cabinet is robbery under
this subsection. When sealed box is taken out for
the purpose of breaking it, crime is already
consummated robbery. There is no need to actually
open it inside the building from where it was taken.
•But if the box was confided into the custody of
accused and he takes the money contained
therein, the crime is estafa.
•The crime is theft if the box was found outside of the
building and the accused forced it open.
300 1. Robbery in an inhabited house, public building or
Robbery in an edifice devoted to religious worship is qualified
Uninhabited Place when committed by a band and in an uninhabited
and by a band
place.
Penalty Important Points to Remember
9. Public building includes every building owned, rented
or used by the government although owned by private
persons or temporarily vacant.
10. Passing through an open door but getting out of a
window is not robbery but theft.
11. To constitute robbery, the outside door must be broken
or smashed. If the lock was merely removed or door
was merely pushed, crime is only theft.
12. False keys are genuine keys stolen from the owner
or any keys other than those intended by the owner for use
in the lock w/c was forcibly opened by the offender.
9. Picklocks are those specially adopted for commission of
the robbery.
10. The key must have been stolen not by force.
Otherwise, it’s robbery by violence and intimidation
against persons.
11. False key must have been used in opening house and
not any furniture inside. Otherwise, the crime is only
theft.
12. General Rule: If false key/picklock was used to open an
inside door (Ex. door of a room) and offender took
personal property, the crime is only theft.
13. Exception: If the room is a separate dwelling place,
crime is robbery.
14. The use of fictitious name or the act of pretending to
exercise authority must be committed for the purpose
of entering the building.
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