Complete Criminal Law II Reviewer

Criminal Law II Reviewer Vena V.
Verga
Criminal Law II Reviewer
Summary of Book II
Crime Elements Penalty Important Points to Remember
11
!reason
1. Offender is a Filipino citizen or an alien residing in the
Philippines
2. There is war in which the Philippines is involved
3. Offender either:
a. levies war against the government
i. that there be an actual assembling of men
ii. for the purpose of e!ecuting a treasonable design
b" force
b. or adheres to the enemies giving them aid or comfort
!reason # branch of allegiance to a government committed
b" a person who owes allegiance to it
"llegian#e # obligation of fidelit" and obedience which the
individuals owe to the government under which the" live or to
their sovereign in return for the protection the" receive$
either permanent or temporar"
"$%eren#e to Enemy # intent to betra"$ when a citizen
intellectuall" or emotionall" favors the enem" and harbors
s"mpathies or convictions dislo"al to his countr"%s polic" or
interests&
"i$ or Comfort # an act which strengthens or tends to
strengthen the enem" in the conduct of war against the
traitor%s countr" and an act which wea'ens or tends to wea'en
the power of the traitor%s countr" to resist or to attac' the
enem"
&ays of Proving !reason'
1. Testimon" of 2 witnesses at least to the same overt act$
or
2. (onfession of the accused in open court
Filipino (itizen #
)P to death and
a fine not to
e!ceed P1*****
+lien # )T to
death and a fine
not to e!ceed
P1*****
,o comple!
crime of treason
with murder
ph"sical
in-uries.
+ggravating
(ircumstances:
cruelt" ignomin"
+rt. /0 not
strictl" applied to
treason
1ravit" of
seriousness of
acts of treason
are considered
1. Treason cannot be committed in time of
peace
2. 2n treason b" lev"ing war it is not necessar"
that there be a formal declaration of the
e!istence of a state of war
3. The war must be directed against
government
0. The purpose of lev"ing war is to deliver the
countr" in whole or in part to the enem"$
must be in collaboration with foreign enem"
3. The aid or comfort given to the enemies
must be after the declaration of war$ the
enemies must be the sub-ect of foreign
power
/. ,o treason thru negligence
4. 5hen common crimes are charged as overt
acts of treason the" cannot be regarded as
separate crimes or as comple!ed b" treason.
6. Treason b" Filipino citizen ma" be committed
outside the Philippines
7. Treason is a continuous offense
1*. Treason cannot be proved b" circumstantial
evidence or e!tra-udicial confession of
accused
11. Two witness rule is severel" restrictive
12. 8ufficient that witnesses are uniform in their
testimon" on the overt act$ it is not
necessar" that there be corroboration
between them on the point the" testified
13. +dherence ma" be proved b" one witness or
from the nature of the act itself or from the
circumstances surrounding the act
10. 9efense of suspended allegiance and change
of sovereignt" is not accepted
13. 9efense of obedience to de facto
1overnment is acceptable
1/. 9efense of duress or uncontrollable fear is
acceptable
(vvverga Se#on$ Semester) "* +,,-+,,. Page 1 of /.
Criminal Law II Reviewer Vena V. Verga
11.
Conspira#y
an$ Proposal
to Commit
!reason
1. (onspirac" to (ommit Treason P: and a fine not
e!ceeding
P1****
The two witness rule does ,OT appl" to this
article
2. Proposal to (ommit Treason P( and a fine not
e!ceeding
P3***
110
1isprision of
!reason
1. Offender must be owing allegiance to the government and
not a foreigner
2. ;e has 'nowledge of an" conspirac" to commit treason
against the government
3. ;e conceals or does not disclose and ma'e 'nown the
same as soon as possible to governor or fiscal of province
or the ma"or or fiscal of the cit" in which he resides
+ccessor" to the
crime of treason
1. (onspirac" is one to commit treason
2. +rticle 11/ is an e!ception to the rule that
mere silence does not ma'e a person
criminall" liable
11/
Espionage
1. <" entering without authorit" therefore a warship fort or
naval or militar" establishment or reservation to obtain
an" information plans photographs or other data of a
confidential nature relative to the defense of the
Philippines
a. Offender enters an" of the places mentioned therein
b. ;e has no authorit" therefore
c. ;is purpose is to obtain info plans etc. of a
confidential nature relative to defense of )P
2. <" disclosing to the representative of a foreign nation the
contents of the articles data or information referred to in
Par. ,o. 1 which he had in his possession b" reason of the
public office he holds
a. Offender is a public officer
b. ;e has in his possession the articles etc. b" reason of
the public office he holds
c. ;e discloses their contents to a representative of a
foreign nation
P(
Penalt" ne!t
higher in degree
shall be imposed
if the offender be
a public officer or
emplo"ee.
1. =spionage # gathering transmitting or
losing information respecting the national
defense with intent or reason to believe that
the information is to be used to the in-ur" of
the )P or to the advantage of an" foreign
nation
2. To be liable under paragraph 1 the offender
must have the intention to obtain
information relative to the defense of )P
3. 2t is not necessar" that the information is
obtained
0. =spionage distinguished from treason:
a. <oth are crimes not conditioned on
citizenship
b. =spionage # ma" be committed in man"
wa"s both in time of peace or war$
Treason # 2 wa"s of committing$ and
onl" in time of war
112
In#iting to
&ar or 3iving
1otives
1. Offender performs unlawful or unauthorized acts
2. 8uch acts provo'e or give occasion for a war involving or
liable to involve the Philippines or e!pose Filipino citizens
to reprisals on their persons or propert"
)T if public
officer or
emplo"ee
P: if private
individual
1. The intention of offender is immaterial
2. (ommitted in time of peace
114
Violation of
5eutrality
1. There is a war which the Philippines is not involved
2. There is a regulation issued b" competent authorit" for the
purpose of enforcing neutralit"
3. Offender violates such regulation
P( 1. 5eutrality # a nation or power which ta'es
no part in a contest of arms going on
between others is referred to as neutral
2. There must be regulation issued b"
competent authorit" for enforcement of
neutralit"
(vvverga Se#on$ Semester) "* +,,-+,,. Page + of /.
1+,
Correspon$en#
e wit% 6ostile
Country
1. 2t is in time of war in which the Philippines is involved
2. Offender ma'es correspondence with an enem" countr" or
territor" that is occupied b" enem" troops
3. The correspondence is either
a. Prohibited b" the government
P( 1. Correspon$en#e # communicating b"
means of letters$ or it ma" refer to the
letters which pass between those who have
friendl" or business relations
2. =ven if correspondence contains innocent
matters if such has been prohibited b" the
government it is punishable
3. Prohibition b" the government is not
essential in paragraphs 1 and 2
0. >ualif"ing circumstances that must concur
together:
a. The notice or information might be
useful to the enem"
b. The offender intended to aid the enem"
b. (arried in ciphers or conventional signs P:
c. (ontaining notice or information which might be useful
to the enem"
)T if info ma" be
useful to enem"
)T to death if
intention was to
aid the enem"
1+1
7lig%t to
Enemy8s
Country
1. There is a war which the Philippines is involved
2. Offender must be owing allegiance to the government
3. Offender attempts to flee or go to enem" countr"
0. 1oing to enem" countr" is prohibited b" competent
authorit"
+rresto :a"or 1. +n alien resident ma" be guilt" of flight to
enem" countr"
2. :ere attempt to flee or go to enem" countr"
consummates crime
3. +rticle 121 must be implemented b" the
1overnment
1++
Pira#y in
3eneral an$
1utiny on t%e
6ig% Seas or
in P%ilippine
&aters
1. ?essel is on the high seas or in Philippine waters
2. Offenders are not members of its complement or
passengers of the vessel
3. Offenders either
a. attac' or seize the vessel
b. seize the whole or part of the cargo of said vessel it%s
e@uipment or personal belongings of its complement
or passengers
Pira#y # robber" or forcible depredation on the high seas
without lawful authorit" and done with animo furandi and in
the spirit and intention of universal hostilit"
1utiny # unlawful resistance to a superior officer or the
raising of commotions and disturbances on board a ship
against the authorit" of the commander
)P
8ame penalt"
shall be inflicted
in case of mutin"
on the high seas
or in Philippine
waters
1. 6ig% Seas # an" waters on the sea coast
which are without the boundaries of lowA
water mar' although such waters ma" be in
the -urisdictional limits of a foreign
government
+. Pira#y 9istinguis%e$ 7rom Robbery in
6ig% Seas
a. 2n pirac" offender is an outsider$ in
robber" offender is member of crew or
passenger
b. 2n both there is intent to gain and
manner of committing the crime is the
same
:. Pira#y 9istinguis%e$ from 1utiny
a. 2n pirac" the offenders are strangers$ in
mutin" the" are members of the crew or
passengers
b. 2n pirac" intent to gain is essential$ in
mutin" the intention ma" be to ignore
ship%s officers or to commit plunder
1+:
;ualifie$
Pira#y
;ualifying Cir#umstan#es'
1. 8eized vessel b" boarding or firing upon the same$ or
2. Pirates have abandoned their victims without means of
8pecial comple!
crime punishable
b" )P to 9eath
1. +n" person who aids or protects pirates or
abets the commission of pirac" shall be
considered as an accomplice
(vvverga Se#on$ Semester) "* +,,-+,,. Page : of /.
saving themselves$ or
3. (rime is accompanied b" murder homicide ph"sical
in-uries or rape
regardless of
number of
victims
2. ).+. /233 # +n +ct Punishing (ertain +cts
2nimical to (ivil +viation
1+
"rbitrary
9etention
1. Offender is a public officer or emplo"ee
2. ;e detains a person
3. 9etention is without legal grounds
9etention # when a person is placed in confinement or there
is a restraint on his person
9etention is wit%out legal groun$s'
1. 5hen he has not committed an" crime or at least there
is no reasonable ground for suspicion that he has
committed a crime$ or
2. 5hen he is not suffering from violent insanit" or an" other
ailment re@uiring compulsor" confinement in a hospital
,ot e!ceeded 3
da"s # + :a"or
in ma!imum to
P( in minimum
:ore than 3 less
than 13 da"s #
P( in medium
and ma!imum
:ore than 13 not
more than /
months # P:
=!ceeded / mos.
# )T
1. Legal 3roun$s for 9etention of Prisoner:
a. the commission of a crime
b. violent insanit" or o the ailment
re@uiring the compulsor" confinement of
the patient in a hospital
2. +rrest without warrant is the usual cause of
arbitrar" detention
3. +rrest 5ithout 5arrant 5hen Bawful C8ec. 3
)ule 113D
- Personal 'nowledge is re@uired
- + crime must in fact or actuall" have
been committed
0. There is no reasonable ground if officer onl"
wants to 'now the commission of crime
3. There is arbitrar" detention thru imprudence
1+.
9elay in
9elivery of
9etaine$
Person to
Proper
<u$i#ial
"ut%orities
2. ;e has detained a person for some legal ground
3. ;e fails to deliver such person to the proper -udicial
authorities within:
a. 12 hours for offenses punishable b" light penalties or
their e@uivalent
b. 16 hours for offenses punishable b" corrective
penalties or their e@uivalent
c. 3/ hours for offenses punishable b" afflictive or capital
or their e@uivalent
Proper <u$i#ial "ut%orities # means the courts of -ustice or
-udges or said courts vested with -udicial power to order the
temporar" detention or confinement of a person charged with
having committed a public offense
Rig%ts of Person 9etaine$'
1. ;e shall be informed of the cause of his detention
2. ;e shall be allowed upon his re@uest to communicate
and confer at an"time with his attorne" or counsel
Cir#umstan#es #onsi$ere$ in $etermining liability of
offi#er $etaining a person beyon$ legal perio$'
1. means of communication
2. hour of arrest
8ame as ne!t
preceding
article:
5ithin 12 hours
for light penalties
5ithin 16 hours
for corrective
penalties
5ithin 3/ hours
for afflictive or
capital penalties
1. 2f the offender is a private person the crime
is illegal detention
2. 9etention must be for some legal ground
3. +rticle 123 does not appl" when the arrest is
b" virtue of a warrant of arrest but must be
a lawful arrest
0. 9eliver" does not consist in a ph"sical
deliver" but in ma'ing an accusation or
charge or filing of an information against
person
3. 9ut" of the detaining officer is deemed
complied with upon the filing of the
complaint with the -udicial authorit"
/. Provisions of +rticle 123 ma" be waived if
person as's for preliminar" e!amination
4. ?iolation of +rticle 123 does not affect
legalit" of confinement under process issued
b" a court
6. The illegalit" of the detention is not cured b"
the filing of the information in court
7. Fiscal is not liable unless he ordered
detention
1*. +rticle 123 distinguished from +rticle 120 #
in +rt. 120 the detention is illegal from the
beginning$ in +rt. 123 the detention is legal
(vvverga Se#on$ Semester) "* +,,-+,,. Page of /.
3. other circumstances Ctime etc.D in the beginning but the illegalit" of the
detention starts from the e!piration of an" of
the periods of time specified without person
detained having been delivered to proper
-udicial authorit"
1+0
9elaying
Release
1. That offender is a public officer or emplo"ee
2. There is a -udicial or e!ecutive 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
3. The offender without good reason dela"s:
a. the service of the notice of such order to the prisoner
b. the performance of such -udicial or e!ecutive order for
the release of the prisoner
c. the proceedings upon a petition for the release of such
person
8ame as +rticle
120
5ardens and -ailers are the public officers most
li'el" to violate +rticle 12/
1+/
E=pulsion
2. ;e e!pels an" person from the Philippines or compels a
person to change his residence
3. The offender is not authorized to do so b" law
P( Onl" the court b" a final -udgment can order a
person to change his residence
1+2
Violation of
9omi#ile
"#ts Punis%e$'
1. <" entering an" dwelling against the will of the owner
thereof$ or
2. <" searching papers or other effects found therein without
the previous consent of such owner$ or
3. <" refusing to leave the premises after having
surreptitiousl" entered said dwelling and after having been
re@uired to leave the same
=lements (ommon to the Three +cts:
2. ;e is not authorized b" -udicial order to enter the dwelling
and E or to ma'e a search therein for papers and other
effects
P( in minimum
P( in medium
and ma!imum if
with >ualif"ing
circumstances of
nighttime or if
an" papers or
effects not
constituting
evidence of a
crime be not
returned
immediatel"
1. + public officer or emplo"ee is authorized b"
-udicial order when he is armed with a
search warrant dul" issued b" the court
2. F+gainst the will of the ownerG presupposes
opposition or prohibition b" said owner
whether e!press or implied$ if it is onl"
without the consent of the owner the crime
is not committed
3. )ight of officer to brea' into building or
enclosure C8ec 11 )ule 113 1763 )ules on
(riminal ProcedureD
0. (ircumstances >ualif"ing the Offense:
a. 2f the offense is committed at nighttime$
or
b. 2f an" papers or effects not constituting
evidence of a crime are not returned
immediatel" after the search was made
3. Papers of other effects must be found in the
dwelling
(vvverga Se#on$ Semester) "* +,,-+,,. Page . of /.
1+4
Sear#%
&arrants
1ali#iously
>btaine$ an$
"buse in
Servi#e of
!%ose Legally
>btaine$
"#ts Punis%e$'
1. <" procuring a search warrant without -ust cause
a. Offender is a public officer or emplo"ee
b. Procures a search warrant
c. There is no -ust cause
2. <" e!ceeding his authorit" or b" using unnecessar"
severit" in e!ecuting a search warrant legall" procured
a. The offender is a public officer or emplo"ee
b. ;e has legall" procured a search warrant
c. ;e e!ceeds his authorit" or uses unnecessar" severit"
in e!ecuting the same
Sear#% &arrant # an order in writing issued in the name of
the People of the Philippines signed b" a -udge and directed
to a peace officer commanding him to search for personal
propert" described therein and bring it before the court
Probable Cause # such reasons supported b" facts and
circumstances as will warrant a cautious man in the belief
that his action and the means ta'en in prosecuting it are
legall" -ust and proper
Biabilit"
attaching to
Offender for
commission of
an" other
offense Cper-ur"D
and
+ :a"or in
ma!imum to P(
in minimum and
fine not
e!ceeding
P1***
1. Personal Propert" to be 8eized:
a. 8ub-ect of the offense$ or
b. 8tolen or embezzled and other proceeds
or fruits of the offense$ or
c. Hsed or intended to be used as the
means of committing an offense
2. 8earch warrant will not issue e!cept upon
probable cause
3. 8earch warrant is valid for 1* da"s from its
date
0. The true test of lac' of -ust cause is whether
the affidavit filed in support of the
application for search warrant has been
drawn in such a manner that per-ur" could
be charged thereon and affiant be held liable
for damages caused
3. 8earch and seizure without warrant as an
incident to lawful arrest is legal
/. Peace officers ma" enter house of an
offender who committed an offense in their
presence
4. 8earch and seizure of vessels without a
search warrant legal
1:,
Sear#%ing
9omi#ile
&it%out
&itnesses
1. The offender is a public officer or emplo"ee
2. ;e is armed with search warrant legall" procured
3. ;e searches the domicile papers or other belongings of
an" person
0. The owner or an" member of his famil" or two witnesses
residing in the same localit" are not present
+ :a"or in
medium and
ma!imum
1. Sear#% # to go over or loo' thru for the
purpose of finding something$ to e!amine
2. 9istinguish +rticle 126 from +rticle 13* # 2n
violation of domicile the public officer has
not authorit" to ma'e a search warrant$ in
+rticle 13* public officer has a search
warrant
1:1
Pro%ibition)
Interruption)
an$
9issolution of
Pea#eful
1eetings
2. ;e performs an" of the following acts:
a. Prohibiting or interrupting without legal ground the
holding of a peaceful meeting or b" dissolving the
same
b. ;indering an" person from -oining an" lawful
association or from attending an" of its meetings
c. Prohibiting or hindering an" person from addressing
either alone or together with others an" petition to
the authorities for the correction of abuses or redress
of grievances
P( in minimum 1. Private individual cannot commit this crime
2. Hnder paragraph 1 public officer must act
without legal ground
3. 5hen the meeting to be held is not peaceful
there is legal ground for prohibiting it
0. The right to peaceabl" assemble is not
absolute and ma" be regulated
3. The offender must be a stranger not a
participant in the meeting
1:+
Interruption
2. )eligious ceremonies or manifestations of an" religion are
P( in minimum
P( in medium
1. Preventing a religious ceremon" to ta'e
place punishable under this article
of Religious
&ors%ip
about to ta'e place or are going on
3. Offender prevents or disturbs the same
;ualifying Cir#umstan#e'
- if the crime is committed with violence or threats
and ma!imum if
committed with
violence or
threats
2. )eading a bible and then attac'ing certain
churches in a public plaza is not a ceremon"
of manifestation of religion but onl" a
meeting of a religious sect
1::
>ffen$ing t%e
Religious
7eelings
1. +cts complained of were performed:
a. 2n a place devoted to religious worship or
b. 9uring the celebration of an" religious ceremon"
2. The acts must be notoriousl" offensive to the feelings of
the faithful
Religious Ceremonies # religious acts performed outside of
a church such as processions and special pra"ers for bur"ing
dead person
+ :a"or in
ma!imum to P(
in minimum
1. 2t is not necessar" that there is a religious
ceremon" going on when the offender
performs acts notoriousl" offensive to the
feelings of the faithful
2. There must be deliberate intent to hurt the
feelings of the faithful
3. Offense to feelings is -udged from
complainant%s point of view
1:
Rebellion or
Insurre#tion
1. There be a public uprising and ta'ing arms against the
1overnment
2. The purpose of the uprising or movement is either:
a. to remove from the allegiance to said government or
its laws:
i. the territor" of the Philippines or an" part thereof$
or
ii. an" bod" of land naval or other armed forces$ or
b. To deprive the (hief =!ecutive or (ongress wholl" or
partiall" of an" of their powers or prerogatives
Rebellion # used where the ob-ect of the movement is
completel" to overthrow and supersede the e!isting
government
Insurre#tion # used in reference to a movement which see's
merel" to effect some change of minor importance or to
prevent the e!ercise of governmental authorit" with respect to
particular matters or sub-ect
Rebellion $istinguis%e$ from !reason'
1. )ebellion # lev"ing of war during peace time for an" of the
purposes mentioned$ Treason # performed in aid of enem"
during wartime
2. )ebellion alwa"s involves ta'ing up arms against
government$ Treason ma" be committed b" mere
adherence to the enem" giving aid or comfort
)P # person who
promotes
maintains or
heads rebellion
or insurrection
)T # person
merel"
participating or
e!ecuting
commands of
others
1. )ebellion or of inciting it is a crime of
masses of a multitude
2. +ctual clash of arms with the forces of the
government not necessar" to convict the
accused who is in conspirac" with others
actuall" ta'ing arms against the government
3. Purpose of the uprising must be shown
0. 2t is not necessar" that the purpose be
accomplished
3. 1iving aid or comfort not criminal in rebellion
/. )ebellion distinguished from 8ubversion #
rebellion is a crime against public order$
8ubversion # li'e treason against national
securit"
4. :ere silence or omission is not punishable in
rebellion
6. 2t is not a defense in rebellion that the
accuse never too' the oath of allegiance to
or that the" never recognized the
government
7. Those who 'illed persons in pursuance of
movement to overthrow government are
liable for rebellion onl"
1*. There is no comple! crime of rebellion with
murder and other common crimes
C;ernandez rulingD
11. Iilling robbing etc for a private purpose or
profit without an" political motivation
would be separatel" punished and would not
be absorbed in the rebellion
(vvverga Se#on$ Semester) "* +,,-+,,. Page / of /.
1:-"
Coup $8etat
1. Offender is a personCsD belonging to the militar" or police
or holding an" public office or emplo"ment
2. 2t is committed b" means of a swift attac' accompanied
b" violence intimidation threat strateg" or stealth
3. The attac' is directed against dul" constituted authorities
of the Philippines or an" militar" camp or installation
communication networ's public utilities or other facilities
needed for the e!ercise and continued possession of
power
0. The purpose of the attac' is to seize or diminish state
power
Politi#al Crimes 9istinguis%e$ from Common Crimes
- Political crimes are those directl" aimed against the
political order as well as such common crimes as ma"
be committed to achieve a political purpose
- The decisive factor is the intent or motive
)T in ma!imum
# person in
government
service who
participates or
e!ecutes
directions or
commands of
others in
underta'ing a
coup d%etat
P: in ma!imum
# person not in
government
service who
participates or
in an" manner
supports
finances abets
or aids in
underta'ing a
coup d%etat
1. (oup d% etat ma" be committed with or
without civilian participation
2. Those liable for )ebellion 2nsurrection
andEor (oup d% etat C+rticle 133D
a. Beaders
i. an" person who promotes maintains
or heads a rebellion or insurrection
ii. an" person who leads directs or
commands others to underta'e a coup
d%etat
b. Participants
i. +n" person who participates or
e!ecutes the commands of others in
rebellion or insurrection
ii. +n" person in the government service
who participates or e!ecutes
directions or commands of others in
underta'ing a coup d%etat
iii. +n" person not in the government
service who participates supports
abets or aids in underta'ing a coup
d%etat
1:0
Conspira#y
an$ Proposal
to Commit
Coup $8etat)
Rebellion or
Insurre#tion
(onspirac" and Proposal to (ommit (oup d%etat P: in minimum
and fine not to
e!ceed P6***
1. :erel" agreeing and deciding to rise publicl"
and ta'e arms against the government for
the purposes of rebellion or merel"
proposing the commission of said acts is
alread" sub-ect to punishment
2. ,o conspirac" when there is no agreement
and no decision to commit rebellion
(onspirac" to (ommit )ebellion or 2nsurrection P( in ma!imum
and fine not to
e!ceed P3***
Proposal to (ommit )ebellion or 2nsurrection P( in medium
and fine not to
e!ceed P2***
1:/
9isloyalty of
Publi#
>ffi#ers
2. (ommits an" of the following acts of dislo"alt":
a. Failing to resist a rebellion b" all the means in their
power$
b. (ontinuing to discharge the duties of their offices
under the control of the rebels$
c. +ccepting appointment to office under them
P( in minimum 1. The crime of dislo"alt" of public officers
presupposes the e!istence of rebellion b" other
persons
2. The offender under +rticle 134 must not be in
conspirac" with the rebels
1:2
In#iting to
Rebellion
1. Offender does not ta'e arms or is not in open hostilit"
2. ;e incites others to the e!ecution of an" of the acts of
rebellion
3. The inciting is done b" means of speeches proclamations
P: in minimum 1. 2nciting to )ebellion 9istinguished from
Proposal
a. in both the offender induces another to
commit rebellion
b. in proposal person who proposes has
writings emblems banners or other representations
tending to the same end
decided to commit rebellion$ in inciting
it is not re@uired that offender has
decided to commit rebellion
c. in proposal person who proposes uses
secret motive$ in inciting the act is done
publicl"
2. )ebellion should not be committed
1:4
Se$ition
1. The offenders rise publicl" and tumultuousl"
2. The" emplo" force intimidation or other means outside of
legal methods
3. The offenders emplo" an" of those means to attain an" of
the following ob-ects:
a. To prevent the promulgation or e!ecution of an" law
or the holding of an" popular election
b. To prevent the ,ational 1ov%t or an" provincial or
municipal gov%t or an" public officer thereof from
freel" e!ercising its or his functions or prevent the
e!ecution of an" administrative order
c. To inflict an" act of hate or revenge upon the person
or propert" of an" public officer or emplo"ee
d. To commit for an" political or social end an" act of
hate or revenge against private persons or an" social
class$ and
e. To despoil for an" political or social end an" person
municipalit" or province or the national gov%t of all its
propert" or an" part thereof
P: in minimum
and a fine not
e!ceeding
P1**** # for
the leader of
sedition
P( in ma!imum
and a fine not
e!ceeding
P3*** # for
other persons
participating
therein
1. 8edition is the raising of commotions or
disturbances in the state
2. 8edition 9istinguished from )ebellion
a. 2n both there must be public
uprising
b. 2n sedition it is sufficient that public
uprising is tumultuous$ in rebellion
there must be ta'ing up of arms
c. 2n sedition the purpose of offenders
ma" be political or social$ in
rebellion it is alwa"s political
3. 8edition distinguished from treason #
treason is the violation b" a sub-ect of
allegiance to sovereign$ sedition is the
raising of commotions or disturbances in the
8tate
0. Public uprising and an ob-ect of sedition
must concur
3. (ommon crimes are not absorbed in sedition
11
Conspira#y to
Commit
Se$ition
P( in medium
and fine not to
e!ceed P2***
1. There must be an agreement and a decision
to rise publicl" and tumultuousl" to attain
an" of the ob-ects of sedition
2. There is no proposal to commit sedition
1+
In#iting to
Se$ition
9ifferent "#ts Punis%e$'
1. 2nciting to 8edition to +ccomplish an" of its Ob-ects:
a. Offender does not ta'e direct part in the crime of
sedition
b. ;e incites others to the accomplishment of an" of the
acts which constitute sedition
c. The inciting is done b" means of speeches
proclamation writings emblems cartoons banners
or other representations tending to the same end
2. Httering seditious words or speeches which tend to disturb
the public peace
3. 5riting publishing or circulating scurrilous libels against
P( in ma!imum
and fine not to
e!ceed P2***
1. S#urrilous # low vulgar mean or foul
2. Httering seditious words or speeches and
writing publishing or circulating scurrilous
libels are punishable when:
a. the" tend to disturb or obstruct an"
lawful officer in e!ecuting the functions
of his office$ or
b. the" tend to instigate others to cabal
and meet together for unlawful
purposes$ or
c. the" suggest or incite rebellious
conspiracies or riots$ or
the government or an" of the dul" constituted authorities
thereof which tend to disturb the public peace
a. Offender does not ta'e direct part in the crime of
sedition
b. (ommits an" of the following acts of sedition either 2
or 3
d. the" lead or tend to stir up the people
against the lawful authorities or to
disturb the peace of the communit" the
safet" and order of the government
3. Inowingl" concealing such evil practices is
treated and punished as that of the principal
0. Two rules relative to seditious words:
a. (lear and Present 9anger )ule
b. 9angerous Tendenc" )ule
1:
"#ts !en$ing
to Prevent
t%e 1eeting
of Congress
1. There be a pro-ected or actual meeting of (ongress or an"
of its committees or subcommittees constitutional
committees or divisions thereof or of an" provincial board
or cit" or municipal council or board
2. The offender who ma" be an" person prevents such
meeting b" force or fraud
P( or a fine
ranging from
P2** to P2***
or both
(hief of police and ma"or who prevented the
meeting of the municipal council are liable under
+rticle 103 when the defect of the meeting is
not manifest and re@uires an investigation
before its e!istence can be determined
1
9isturban#e
of
Pro#ee$ings
of Congress
an$ Similar
Bo$ies
1. There be a meeting of (ongress or an" of its committees
or subcommittees constitutional commissions or
committees or divisions thereof or of an" provincial board
or cit" or municipal council or board
2. The offender does an" of the following acts:
a. ;e disturbs an" of such meetings
b. ;e behaves while in the presence of an" such bodies
in such a manner as to interrupt its proceedings or to
impair the respect due it.
+ :a"or or a fine
of P2** to
P1***
1. The complaint for disturbance of proceedings
ma" be filed b" a member of a legislative
bod"
2. One who disturbs the proceedings of the
congress m" also be punished for contempt
1.
Violation of
Parliamentar
y Immunity
7irst 7orm
1. The offender Can" personD uses force intimidation threats
or fraud.
2. The purpose of the offender is to prevent an" member of
(ongress from:
a. +ttending the meetings of (ongress or an" of its
committees etc.$ or
b. =!pressing his opinion$ or
c. (asting his vote
P: 1. Parliamentar" immunit" does not protect
members of the (ongress from responsibilit"
before the legislative bod" itself
2. 2t is sufficient that the offender in using
force intimidation threats or frauds has
the purpose to prevent a member of
(ongress from e!ercising an" of his such
prerogatives
Se#on$ 7orm
2. ;e arrests or searches an" member of (ongress
3. (ongress at the time of arrest or search is in regular or
special session
0. The member arrested or searched has not committed a
crime punishable under the (ode b" a penalt" higher than
prision ma"or
P(
10
Illegal
1. +n" meeting attended b" armed persons for the purpose
of committing an" of the crimes punishable under the code
P( in ma!imum
to P: in medium
1. Persons present at the meeting must be
armed in the first form of illegal assembl"
(vvverga Se#on$ Semester) "* +,,-+,,. Page 1, of /.
"ssemblies a. there is a meeting a gathering or group of persons
whether in a fi!ed place or moving
b. that the meeting is attended b" armed persons
c. that the purpose of the meeting is to commit an" of
the crimes punishable under the code
2. +n" 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
authorit" or his agents
a. there is a meeting a gathering or group of persons
b. 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 "ssembly'
1. Organizers or leaders of the meeting
2. Persons merel" present at the meeting
# for organizers
or leaders of an"
meeting under
this article
+ :a"or #
unarmed persons
merel" present
P( # armed
persons merel"
present
2. <ut not all the persons present at the
meeting of the 1
st
form of illegal assembl"
must be armed
3. The unarmed person merel" present at the
meeting of the 1
st
form of illegal assembl" is
liable
0. 2f an" person present at the meeting carries
an unlicensed firearm:
a. 2t is presumed that the purpose of the
meeting insofar as he is concerned is to
commit acts punishable under the (ode$
and
b. ;e is considered a leader or organizer of
the meeting
3. 1eeting # includes a gathering or group
1/
Illegal
"sso#iations
Illegal "sso#iations'
1. +ssociations totall" or partiall" organized for the purpose
of committing an" of the crimes punishable under the
(ode
2. +ssociations totall" or partiall" organized for some
purpose contrar" to public morals
Persons Liable for Illegal "sso#iation'
1. Founders directors and president of the association
2. :ere members of the association
P( in minimum
and medium and
a fine not
e!ceeding
P1*** #
founders
directors and
presidents
+ :a"or # mere
members of said
association
2llegal +ssociation distinguished from 2llegal
+ssembl"
1. 2n 2llegal +ssociation it is not necessar" that
there be an actual meeting$ 2n illegal
+ssembl" it is necessar" there is an actual
meeting
2. 2n illegal associations it is the act of forming
or organizing and membership in association
that are punished$ in 2llegal +ssembl" it is
the meeting and attendance at such meeting
that are punished
3. 2n illegal associations the persons liable are
the founders directors and president and
the members$ 2n illegal assembl" the person
liable are the organizers or leaders of the
meeting and persons present at such
meeting
12
9ire#t
"ssaults
!wo 7orms of 9ire#t "ssault an$ !%eir Re?uisites'
1. 5ithout public uprising b" emplo"ing force or
intimidation for the attainment of an" of the purposes
enumerated in defining the crimes of rebellion and sedition
a. the offender emplo"s force or intimidation
b. the aim of the offender is to attain an" of the purposes
of the crime of rebellion or an" of the ob-ects of crime
of sedition
P( in medium
and ma!imum
periods and a
fine not
e!ceeding
P1*** # when
the assault is
committed with a
1. 2t does not seem that the offended part" in
the first form of direct assault must be a
person in authorit" or his agent
2. 2f the offended part" is onl" an agent of a
person in authorit" the force emplo"ed
must be of 8=)2OH8 character to be direct
assault
3. The force emplo"ed ,==9 ,OT be serious
c. there is no public uprising
2. 5ithout public uprising b" attac'ing or emplo"ing force or
b" seriousl" intimidating or b" seriousl" resisting an"
person in authorit" or an" of his agents while engaged in
the performance of official duties or on the occasion of
such performance
Simple "ssault'
a. the offender ma'es an attac' emplo"s force ma'es a
serious intimidation or ma'es a serious resistance
b. the person assaulted is a person in authorit" or his
agent
c. at the time of the assault the person in authorit" or his
agent is engaged in the actual performance of official
duties or that he is assaulted b" reason of the past
performance of official duties
d. the offender 'nows that the one he is assaulting is a
person in authorit" or his agent in the e!ercise of his
duties
e. there is no public uprising
;ualifie$ "ssault
a. when the assault is committed with a weapon
b. when the offender is a public officer or emplo"ee
c. when the offender la"s hands upon a person in
authorit"
Person in "ut%ority # an" person directl" vested with
-urisdiction whether as an individual or as a member of some
court or governmental corporation board or commission shall
be deemed a person in authorit"
"gent of Person in "ut%ority # one who b" direct provision
of law or b" election or b" appointment b" competent
authorit" is charged with the maintenance of public order and
the protection and securit" of life and propert" such as a
barrio viceAlieutenant barrio councilman and barrio policeman
and an" person who comes to the aid of persons in authorit"
!o be an agent of a person of aut%ority) one must be
#%arge$ wit%'
1. maintenance of public order$ and
weapon or when
the offender is a
public officer or
emplo"ee
P( in minimum
period and a fine
not e!ceeding
P3** # no
circumstances
present
when the offended part" is a person in
authorit"
0. The intimidation or resistance must be
serious whether the offended part" is an
agent onl" or he is a person in authorit"
3. The resist must be grave therefore it must
be active resistance
/. 2ntimidation must produce its effects
immediatel"
4. To determine whether a certain public officer
is a person in authorit" the powers and
duties vested in him b" law should be
determined
6. The status of person in authorit" being a
matter of law ignorance thereof is no
e!cuse
7. Functions of the person in authorit" or his
agent must be clearl" shown in the
information
1*. 5hen a person in authorit" or their agents
descended to mattes which are private in
nature an attac' made b" one against the
other is not direct assault
11. =ven if the agent of a person in authorit"
agrees to fight it still constitutes direct
assault
12. 2f a person in authorit" or his agent goes
be"ond the scope of the respective powers
of public officers if the" are fi!ed then the"
are considered ,OT in the performance of
official duties
13. Inowledge of the accused that the victim is
a person in authorit" or his agent is essential
10. 9efendant must have the intention to def"
the authorities
13. 2f is not necessar" that the person in
authorit" who was assaulted was +(TH+BBBJ
performing official duties
1/. =vidence of motive is important when the
person attac'ed or seriousl" intimidated is
,OT in the actual performance of his official
dut"
14. 5here in the commission of direct assault
(vvverga Se#on$ Semester) "* +,,-+,,. Page 1+ of /.
2. protection and securit" of life and propert"
9istinguis% 9ire#t "ssault from >r$inary "ssault:
a. 9irect assault are crimes against public order$
ordinar" assaults are crimes against persons
b. 9irect assaults are triable b" the (ourt of First
2nstance
serious or less serious ph"sical in-uries are
also inflicted the offender is guilt" of the
comple! crime of direct assault with serious
or less serious ph"sical in-uries
16. the crime of slight ph"sical in-uries is
absorbed in direct assault
14
In$ire#t
"ssaults
1. + person in authorit" or his agent is the victim of an" of
the forms of direct assault defined in +rticle 106
2. + person comes to the aid of such authorit" or his agent
3. The offender ma'es use of force or intimidation upon such
person coming to the aid of the authorit" or his agent
P( in minimum
and medium
periods and a
fine not
e!ceeding P3**
1. 2ndirect assault can be committed onl" when
a direct assault is also committed
2. The offended part" in indirect assault ma"
be a private person
1.,
9isobe$ien#e
to Summons
Issue$ by
Congress) its
Committees)
et#.
"#ts Punis%able'
1. <" refusing without legal e!cuse to obe" summons of
(ongress its special or standing committees and
subcommittees or divisions or b" an" commission or
committee chairman or member authorized to summon
witnesses
2. <" refusing to be sworn or placed under affirmation while
being before such legislative or constitutional bod" or
official
3. <" refusing to answer an" legal in@uir" or to produce an"
boo's papers documents or records in his possession
when re@uired b" them to do so in the e!ercise of their
functions
0. <" restraining another from attending as a witness in such
legislative or constitutional bod"
3. <" inducing disobedience to a summons or refusal to be
sworn b" an" such bod" or official
+ :a"or or a fine
ranging from
P2** to P1*** #
an" person who
having been
summoned.
8ame penalt" #
an" person who
shall induce
disobedience to a
summons or
refusal to be
sworn b" an"
such bod"
1. +rticle 13* applies onl" to disobedience
52T;OHT legal e!cuse
2. +n" of the acts punished b" +rticle 13* ma"
also constitute contempt of (ongress
3. The court ma" ta'e an" action not
amounting to a release of a prisoner of
(ongress
0. The power of in@uir" with process to enforce
it is an essential and appropriate au!iliar" to
the legislative functions
1.1
Resistan#e
an$
9isobe$ien#e
to a Person in
"ut%ority or
"gents of
Su#% Person
Resistan#e an$ Serious 9isobe$ien#e @Par.1A'
1. + person in authorit" or his agent is engaged in the
performance of official dut" or gives a lawful order to the
offender
2. The offender resists or seriousl" disobe"s such person in
authorit" or his agent
3. The act of the offender is not included in the provisions of
+rticles 106 107 and 13*
Simple 9isobe$ien#e @Par. +A'
1. +n agent of a person in authorit" is engaged in the
performance of official dut" or gives a lawful order to the
offender
2. The offender disobe"s such agent of a person in authorit"
3. 8uch disobedience is not of a serious nature
+ :a"or and a
fine not
e!ceeding P3**
# an" person
shall resist or
seriousl" disobe"
an" person in
authorit"
+ :enor or a fine
ranging from P1*
to P1** #
disobedience to
an agent of a
Paragrap% 1'
1. The -uridical conception of the crime of
resistance and disobedience to a person in
authorit" or his agents consists in a failure to
compl" with orders directl" issued b" the
authorities in the e!ercise of their official
duties
2. The person in authorit" must be in the actual
performance of his official duties
3. The disobedience contemplated consists in
the failure or refusal to obe" a direct order
from the authorit" or his agent
0. The accused must have 'nowledge that the
person arresting him is a peace officer
(vvverga Se#on$ Semester) "* +,,-+,,. Page 1: of /.
9ire#t "ssault 9istinguis%e$ from Resistan#e or Serious
9isobe$ien#e'
1. 2n direct assault the person in authorit" or his agent must
be engaged in performance of official duties or that he is
assaulted b" reason thereof but in resistance the person
in authorit" or his agent must be in actual performance of
his duties
2. 9irect assault C2
nd
formD is committed in 0 wa"s$
)esistance is committed onl" b" resisting or seriousl"
disobe"ing
3. 2n both there is force emplo"ed but the force in
resistance is not so serious as there is no manifest
intention to def" the law$ in direct assault it must be
serious and deliberate$
0. 5hen the one resisted is a person in authorit" the use of
an" 'ind or degree of force will give rise to direct assault$
if no force is emplo"ed b" the offender in resisting or
disobe"ing the crime committed is resistance
person in
authorit" is not
of a serious
nature
3. There is -ustified resistance when the
accused had no right to ma'e the search
Paragrap% +'
/. The order must be lawful
4. 2f the disobedience to an agent of a person
in authorit" is of a serious nature the
offender should be punished under par. 1 of
+rticle 131
6. 5hen the attac' or emplo"ment of force is
not deliberate the crime is onl" resistance
or disobedience
1.:
!umults an$
>t%er
9isturban#es
of Publi#
>r$er
!umults an$ >t%er 9isturban#es of Publi# >r$er'
1. (ausing an" serious disturbance in a public place office or
establishment
2. 2nterrupting or disturbing performances functions or
gatherings or peaceful meetings if the act is not included
in +rticles 131 and 132
3. :a'ing an" outcr" tending to incite rebellion or sedition in
an" meeting association or public place
0. 9ispla"ing placards or emblems which provo'e a
disturbance of public order in such place
3. <ur"ing with pomp the bod" of a person who has been
legall" e!ecuted
>ut#ry # to shout subversive or provocative words tending to
stir up the people to obtain b" means of force or violence an"
of the ob-ects of rebellion or sedition
Cir#umstan#es ;ualifying t%e 9isturban#e or
Interruption
- if tumultuous in character
!umultuous # the disturbance or interruption shall be deem
as such if caused b" more than three persons who are armed
or provided with means of violence
+ :a"or in
medium to P( in
minimum and a
fine not
e!ceeding
P1***
Penalt" ne!t
higher in 9egree
# person causing
an" disturbance
or interruption of
a tumultuous
character
+ :a"or #
person who shall
ma'e an" outcr"
tending to incite
rebellion or
sedition
+ :enor and a
fine not to
e!ceed P2** #
bur" with pomp
the bod" of a
1. 8erious disturbance must be planned or
intended
2. 2f the act of disturbing or interrupting a
meeting or religious ceremon" is not
committed b" public officers or if committed
b" public officers the" are participants
therein +rticle 133 should be applied
3. 2nciting to 8edition or )ebellion distinguished
from Public 9isorder # 2t is necessar" that
offender should have done the act with the
idea aforethought of inducing his hearers or
readers to commit the crime of rebellion or
sedition$ if the outcr" is more or less
unconscious outburst which although
rebellious or seditious in nature is not
intentionall" calculated to induce others to
commit rebellion or sedition it is onl" public
disorder
0. One who fired a submachine gun to cause
disturbance but inflicted serious ph"sical
in-uries on another ma" be prosecuted for 2
crimes
person legall"
e!ecuted
1.
Bnlawful Bse
of 1eans of
Publi#ation
an$ Bnlawful
Btteran#es
"#ts Punis%e$ as Bnlawful Bse of 1eans of Publi#ation
an$ Bnlawful Btteran#es'
1. Publishing or causing to be published b" means of
printing lithograph" or an" other means of publication as
news an" false news which ma" endanger the public
order or cause damage to the interest or credit of the
8tate
2. <" encouraging disobedience to the law r to the
constituted authorities or b" praising -ustif"ing or
e!tolling an" act punished b" law b" the same means or
b" words utterances or speeches
3. <" maliciousl" publishing or causing to be published an"
official resolution or document without proper authorit" or
before the" have been published officiall"
0. <" printing publishing or distributing Cor causing the
sameD boo's pamphlets periodicals or leaflets which do
not bear the real printer%s name or which are classified as
anon"mous
+ :a"or and fine
ranging from
P2** to P1***
1. 2t is not necessar" that the publication of the
false news actuall" cased public disorder or
caused damage to the interest or credit of
the 8tate$ the mere possibilit" of causing
such danger or damage is sufficient
2. The offender must 'now that the news is
false
3. 2f there is no possibilit" of danger to the
public order or of causing damage to the
interest or credit of the state b" the
publication of the false news
1..
"larms an$
S#an$als
"#ts Punis%e$ as "larms an$ S#an$als'
1. 9ischarging an" firearm roc'et firecrac'er or other
e!plosive within an" town or public place calculated to
cause Cwhich producesD alarm or danger
2. 2nstigating or ta'ing an active part in an" charivari or
other disorderl" meeting offensive to another or pre-udicial
to public tran@uilit"
3. 9isturbing the public peace while wandering about at night
or while engaged in an" other nocturnal amusements
0. (ausing an" disturbance or scandal in public places while
into!icated or otherwise provided +rticle 133 is not
applicable
+ :enor or a fine
not e!ceeding
P2**
1. 2t is the result not the intent that counts.
The act must produce alarm or danger as a
conse@uence
2. The discharge of the firearm should not be
aimed at a person otherwise the offense
would fall under +rticle 230
3. +rticle 133 does not ma'e an" distinction as
to the particular place in the town or public
place where the discharge of firearm roc'et
etc. is effected
0. The discharge of firecrac'ers or roc'ets
during fiestas or festive occasion are not
covered b" this +rticle
3. 9isturbance of serious nature falls under
+rticle 133
/. (harivari # medle" of discordant voices a
moc' serenade of discordant noises made on
'ettles tins horns etc. designed to anno"
and incite
1.0
9elivering
Prisoners
from <ail
1. There is a person confined in a -ail or penal establishment
2. The offender removes therefrom such person or helps the
escape of such person
+ :a"or in
ma!imum to P(
in minimum #
an" person who
1. Person ma" be under detention onl" or b"
final -udgment
2. ;ospital or as"lum considered as an
e!tension of -ail or prison
(vvverga Se#on$ Semester) "* +,,-+,,. Page 1. of /.
;ualifying Cir#umstan#e
- 5hat constitutes the @ualif"ing circumstance is the
offender%s act of emplo"ing briber" as a FmeansG of
removing or delivering the prisoner from -ail and not
the offender%s act of receiving or agreeing to receive a
bribe as a consideration fro committing the offense
shall remove
from an" -ail an"
person confined
therein or shall
help escape of
such person b"
means of
violence
intimidation or
briber"
8ame Penalties
in :inimum # if
escape should
ta'e place
outside of said
establishment b"
ta'ing guards b"
surprise
3. Offender is usuall" an outsider
0. The guard of the -ail who is off dut" ma"
be held liable for delivering prisoner from -ail
3. ?iolence intimidation or briber" is not
necessar"
/. =mplo"ment of deceit is not an element of
the offense
4. 2f the crime committed b" the prisoner for
which he is confined or serving sentence is
treason murder or parricide the act of
ta'ing the place of the prisoner in the prison
is that of an accessor" and he ma" be held
liable as such because he assists in the
escape of the principal
6. Prisoner is criminall" liable for leaving the
penal institution onl" when there is evasion
of a sentence
1./
Evasion of
Servi#e of
Senten#e
1. Offender is a convict b" final -udgment
2. ;e is serving his sentence which consists in deprivation of
libert"
3. ;e evades the service of the sentence b" escaping during
the term of his sentence
1. b" means of unlawful entr" Cb" scalingD$
2. b" brea'ing doors windows gates walls roofs or floors$
3. b" using pic'loc's false 'e"s disguise deceit violence
or intimidation$ or
0. thru connivance with other convicts or emplo"ees of penal
institution
P( in medium
and ma!imum #
escape during
term of
imprisonment
P( in ma!imum
# if it shall ta'e
with an" of the
@ualif"ing
circumstances
enumerated
1. The sentence must be Fb" reason of final
-udgmentG
2. This article is not applicable to sentence
e!ecuted b" deportation
3. Es#ape # flee from to avoid to get out of
the wa" as to flee to avoid arrest
0. +rticle 134 is applicable to sentence of
destierro since it consists in a deprivation of
libert"
3. Bnlawful entry # scaling or climbing the
wall
1.2
Evasion on
>##asion of
9isor$ers
1. The offender is a convict b" final -udgment who is
confined in a penal institution
2. There is a disorder resulting from: conflagration
earth@ua'e e!plosion similar catastrophe or mutin" in
which he has not participated
3. The offender evades the service of his sentence b" leaving
the penal institution where he is confined on the occasion
of such disorder or during the mutin"
0. The offender fails to give himself up to the authorities
within 06 hours following the issuance of a proclamation
b" the chief e!ecutive announcing the passing awa" of
such calamit"
2ncrease of 1E3
of time still
remaining to be
served under the
original
sentence which
in no case shall
e!ceed si!
months
9eduction
provided in
+rticle 76 # if
1. Offender must be a convict b" final
-udgment
2. The convict must leave the penal institution
3. 5hat is punished is not the leaving of the
penal institution but the failure of the
convict to give himself up to the authorities
within 06 hours after the proclamation
announcing the passing awa" of the calamit"
0. 2f offender fails to give himself up he gets
an increased penalt"
3. 2f offender gives himself up he is entitle to a
deduction of 1E3
th
of his sentence
1utiny # organized unlawful resistance to a superior officer$ a
sedition or revolt$ does not include a riot or if prisoners
disarmed the guards and escaped since the" are not their
superior officers
convict shall give
himself up within
06 hours
1.4
Violation of
Con$itional
Par$on
1. Offender was a convict
2. ;e was granted a conditional pardon b" the (hief
=!ecutive
3. ;e violated an" of the conditions of such pardon
Con$itional Par$on # a contract between the (hief
=!ecutive who grants the pardon and the convict who
accepts it
P( in minimum
period # if
penalt" remitted
does not e!ceed
/ "ears
Hne!pired
Portion of
Original
8entence # if
penalt" remitted
is higher than /
"ears
1. The court cannot re@uire the convict to serve
the une!pired portion of his original
sentence if it does not e!ceed / "ears
2. ?iolation of conditional pardon is not a
substantive offense because the penalt" for
such violation is the une!pired portion of the
punishment in the original sentence
3. (ondition e!tends to special laws
0. Offender must be found guilt" of subse@uent
offense before he can be prosecuted under
+rticle 137
3. Offender can be arrested and reAincarcerated
without trial
/. The period when convict was at libert" not
deducted in case he is recommitted
4. 9uration of the conditions subse@uent is
limited to the remaining period of the
sentence
10,
Commission
of "not%er
Crime 9uring
Servi#e of
Penalty
Impose$ for
"not%er
Previous
>ffense
;uasi-Re#i$ivism
1. The offender was alread" convicted b" final -udgment of
one offense
2. ;e committed a new felon" before beginning to serve such
sentence or while serving the same
;uasiARe#i$ivism 9istinguis%e$ from Reitera#ion #
reiteracion re@uires that the offender against who it is
considered shall have served out his sentences for the prior
offenses
<esides the
provisions of
)ule 3 +rticle /2
:a!imum of
penalt"
prescribed b"
law for the new
felon"
1. 8econd crime must be a felon"$ but the first
crime for which the offender is serving
sentence need not be a felon" Ccould be
under a special lawD
2. >uasiA)ecidivism cannot be offset b"
ordinar" mitigating circumstances
3. + @uasiArecidivist who is not a habitual
criminal ma" be pardoned at the age of 4*
"ears if he has alread" served out his
original sentence or when he shall complete
it after reaching said age
101
7orging t%e
Seal of t%e
3ov8t)
Signature or
Stamp of t%e
C%ief
E=e#utive
"#ts Punis%e$'
1. Forging the 1reat 8eal of the 1overnment of the
Philippines
2. Forging the signature of the president
3. Forging the stamp of the president
)T 1. The offense is not falsification of public
document
2. The President has custod" and use of the
1reat 8eal
3. The signature of the President must be
forged
10+ 1. That the 1reat 8eal of the )epublic was counterfeited or P :a"or The offender under this article should not be the
(vvverga Se#on$ Semester) "* +,,-+,,. Page 1/ of /.
Bsing 7orge$
Signature or
Counterfeit
Seal or
Stamp
the signature or stamp of the (hief =!ecutive was forged
b" another person
2. The offender 'new of the counterfeiting or forger"
3. ;e used the counterfeit seal or forged signature or stamp
forger.
10:
1aking an$
Importing
an$ Bttering
7alse Coins
1. There be false or counterfeited coins
2. The offender either made imported or uttered such coins
3. That in case of uttering such false or counterfeited coins
he connived with the counterfeiters or importers
Coin # is a piece of metal stamped with certain mar's and
made current at a certain value
Counterfeiting # means the imitation of a legal or genuine
coin$ there must be an imitation of the peculiar design of a
genuine coin
Import # means to bring them into port
Btter # means to pass counterfeited coins$ includes their
deliver" or act of giving them awa"
P: in minimum
and medium and
a fine not to
e!ceed P1****
# silver coin of
Philippines or
coin of (<
P( in minimum
and medium and
a fine not to
e!ceed P2*** #
minor coinage of
the Philippines or
(<
P( in minimum
and a fine not to
e!ceed P1*** #
currenc" of
foreign countr"
1. + coin is false or counterfeited if it is forged
or if it is not authorized b" the government
as legal tender regardless of its intrinsic
value
2. Former coins withdrawn from circulation ma"
be counterfeited under +rticle 1/3
3. Iinds of coins the (ounterfeiting of which is
Punished:
a. 8ilver coin of the Philippines or coin of
the (entral <an' of the Philippines
b. (oin of minor coinage of the Philippines
or of the (entral <an' of the Philippines
c. (oin of the currenc" of a foreign countr"
10
1utilation of
Coins
"#ts Punis%e$'
1. :utilating coins of the legal currenc" with further
re@uirement that there be intent to damage or to defraud
another
2. 2mporting or uttering such mutilated coins with the
further re@uirement that there must be connivance with
the mutilator or importer in case of uttering
P( in minimum
and a fine not to
e!ceed P2***
1. :utilation # means to ta'e off part of the
metal either b" filing it or substituting it for
another metal of inferior @ualit"$ to diminish
b" ingenuous means the metal in the coin
2. The coin must be of legal tender in
mutilation
3. (oins of foreign countr" not included
10.
Selling of
7alse or
1utilate$
Coins)
&it%out
Connivan#e
1. Possession of coin counterfeited or mutilated b" another
person with intent to utter the same 'nowing that it is
false or mutilated
a. Possession
b. 5ith intent to utter
c. Inowledge
2. +ctuall" uttering such false or mutilated coins 'nowing
the same to be false and mutilated
a. +ctuall" uttering
b. Inowledge
Penalt" lower b"
one degree than
that prescribed
in said articles
1. Possession of or uttering false coin does not
re@uire that the counterfeited coin is legal tender
2. (onstructive possession included
3. Possession of counterfeiter or importer not
punished as separate offense
0. +ccused must have 'nowledge of the fact that
the coin is false
3. Punishable even if the offender was not in
connivance with counterfeiter or mutilator
100
7orging
"#ts Punis%able'
1. Forging or falsification of treasur" or ban' notes or other
)T in minimum
and fine not to
1. Httering forged bill must be with connivance
to constitute a violation of +rticle 1//
!reasury or
Bank 5otes
or >t%er
9o#uments
Payable to
Bearer
documents pa"able to bearer
2. 2mportation of such false or forged obligations or notes
3. Httering of such false or forged obligations or notes in
connivance with the forgers or importers
7orging # committed b" giving to a treasur" or ban' note or
an" instrument pa"able to bearer or to order the appearance
of a true and genuine document$ to forge an instrument is to
ma'e false instrument intended to be passed for the genuine
one
7alsifi#ation # committed b" erasing substituting
counterfeiting or altering b" an" means the figures letters
words or signs contained therein
Importation # means to bring them into the Philippines
which presupposes that the obligations or notes are forged or
falsified in a foreign countr"
Bttering # means offering obligations or notes 'nowing them
to be false or forged whether such offer is accepted or not
with a representation b" words or actions that the" are
genuine and with an intent to defraud
>bligation or Se#urity # all bonds certificates of
indebtedness national ban' notes coupons treasur" notes
fractional notes certificates of deposits bills chec's drafts
for mone" and other representatives of value under an" act
of (ongress
e!ceed P1****
# obligation or
securit" of
Philippines
P :a"or in
ma!imum period
and a fine not to
e!ceed P3*** #
circulating note
issued b" an"
ban'ing
association dul"
authorized b"
law
P :a"or in
medium and a
fine not to
e!ceed P3*** #
issued b" foreign
gov%t
P :a"or in
minimum and a
fine not to
e!ceed P2*** #
circulating note
or bill issued b"
foreign ban' dul"
authorized
therefore
2. ,otes and other obligations and securities
that ma" be forged or falsified under +rticle
1//:
a. Treasur" or ban' notes
b. (ertificates
c. Other obligations and securities pa"able
to bearer
3. + ban' note certificate or obligation and
securit" is pa"able to bearer when it can be
negotiated b" mere deliver"
0. Penalties depend upon the 'ind of forged
treasure or ban' notes or other documents
3. Forger" is (ommitted: C+rticle 1/7D
a. <" giving to a treasur" or ban' note or
an" instrument pa"able to bearer or to
order mentioned therein the appearance
of a true and genuine document
b. <" erasing substituting counterfeiting
or altering b" an" means the figures
letters words or sign contained therein
10/
Counterfeitin
g
Instruments
5ot Payable
to Bearer
1. There be an instrument pa"able to order or other
document of credit not pa"able to bearer
2. The offender either forged imported or uttered such
instrument
3. 2n case of uttering he connived with the forger or
importer
P( in medium
and ma!imum
and a fine not to
e!ceed P/***
1. +pplication of this article is limited to
instruments pa"able to order
2. 2t includes such instruments or document of
credit issued b" a foreign government or
ban'
3. (onnivance is not re@uired in uttering if the
utterer is the forger
102
Illegal
Possession
an$ use of
7alse
!reasury or
Bank 5otes
1. That an" treasur" or ban' not or certificate or other
obligation and securit" pa"able to bearer or an"
instrument pa"able to order or other document of credit
not pa"able to bearer is forged or falsified b" another
person
2. The offender 'nows that an" of those instruments is
forged or falsified
Penalt" ne!t
lower in degree
than that
prescribed in
said articles
1. 2ntent to posses is not intent to use
2. Possession of false treasur" or ban' notes
alone is not a criminal offense
3. +ccused must have 'nowledge of forged
character of the note
0. + person in possession of falsified document
and who ma'es use of the same is presumed
an$ >t%er
Instruments
of Cre$it
3. ;e performs an" of these acts:
a. using an" of such forged or falsified instruments
b. possessing with intent to use an" of such forged or
falsified instruments
to be material author of falsification
3. 2t is not an impossible crime when the act
performed would have been a crime of illegal
possession of false treasur" notes
1/,
7alsifi#ation
of Legislative
9o#uments
1. That there be a bill resolution or ordinance enacted or
approved or pending approval b" either ;ouse of the
Begislature or an" provincial board or municipal council
2. The offender alters the same
3. ;e has no proper authorit" therefore
0. The alteration has changed the meaning of the document
P( in ma!imum
and a fine not to
e!ceed P/***
1. <ill resolution or ordinance must be genuine
2. Offender is an" person
3. The act of falsification in legislative
document is limited to altering it which
changes its meaning
1/1
7alsifi#ation
by Publi#
>ffi#er)
Employee) or
5otary or
E##lesiasti#al
1inister
1. Offender is a public officer emplo"ee or notar" public
2. ;e ta'es advantage of his official position
a. ;e has dut" to ma'e or to prepare or otherwise
intervene in the preparation of the document$ or
b. ;e has the official custod" of the document which he
falsifies
3. That he falsifies a document b" committing an" of the
following acts:
a. counterfeiting or imitating CfeigningD an" handwriting
signature or rubric
i. that there be an intent to imitate or an attempt to
imitate
ii. that the 2 signatures or handwritings the genuine
and the forged bear some resemblance to each
other
b. causing it to appear that persons have participated in
an" act or proceeding when the" did not in fact so
participate
i. the offender caused it to appear in a document
that a personCsD participated in an act or
proceeding
ii. That such personCsD did not in fact so participate
in the act or proceeding
c. +ttributing to person who have participated in an act
or proceeding statements other than those in fact
made b" them
i. that a personCsD participated in an act or
proceeding
ii. that such personCsD made statements in that act
or proceeding
iii. that the offender in ma'ing the document
attributed to such personCsD statements other than
those in fact made b" such personCsD
P :a"or and a
fine not to
e!ceed P3*** #
first paragraph
8ame penalt" #
ecclesiastical
minister
1. 2n falsification b" ma'ing alteration or
intercalation or including in a cop" a
different statement there must be a genuine
document that is falsified$ in other
paragraphs falsification ma" be committed
b" simulating or fabricating a document
2. Paragraph 1
a. (ounterfeiting # imitating an"
handwriting signature or rubric
b. Feigning # simulating a signature
handwriting or rubric out of one which
does not in fact e!ist
3. Paragraph 2 # when committed b" a private
individual +rticle 142 should appl"
0. Paragraph 0
a. There must be a narration of facts not
of conclusion of law
b. Begal Obligation # there is a law
re@uiring the disclosure of the truth of
the facts narrated
c. Person ma'ing the narration of facts
must be aware of the falsit" of the facts
narrated b" him
d. Perversion of truth must be made with
the wrongful intent of in-uring 3
rd
person
e. 5rongful intent not essential when the
document falsified is a public document
f. 1ood faith is a defense
g. Falsification b" omission is punishable
3. Paragraph 3 # 9ate must be essential
/. Paragraph 4
a. liabilit" of private individual when there
is conspirac" # same as public officer
(vvverga Se#on$ Semester) "* +,,-+,,. Page +, of /.
d. :a'ing untruthful statements in a narration of facts
i. that the offender ma'es in a document statements
in a narration of facts
ii. that he has a legal obligation to disclose the truth
of the facts narrated b" him
iii. that the facts narrated b" the offender are
absolutel" false
e. +ltering true dates
f. :a'ing an" alteration or intercalation in a genuine
document which changes its meaning
i. that there be an alteration CchangeD or
intercalation CinsertionD on a document
ii. that it was made a genuine document
iii. that the alteration or intercalation has changed the
meaning of the document
iv. that the change made the document spea'
something false
g. 2ssuing in authenticated form a document purporting
to be a cop" of an" original document when no such
original e!ists or including in such cop" a statement
contrar" to or different from that of the genuine
original
h. 2ntercalating an" instrument or note relative to the
issuance thereof in a protocol registr" or official boo'.
0. 2n case the offender is an ecclesiastical minister the act of
falsification is committed with respect to an" record or
document of such character that its falsification ma" affect
the civil status of persons
b. 2ntent to gain or pre-udice not necessar"
1/+
7alsifi#ation
by Private
In$ivi$uals
an$ use of
7alsifie$
9o#uments
"#ts Punis%e$ an$ !%eir Re?uisites'
1. Falsification of public official or commercial document b"
a private individual
a. that the offender is a private individual or a public
officer or emplo"ee who did not ta'e advantage of his
official position
b. that he committed an" of the acts of falsification
enumerated in +rticle 141
c. that the falsification was committed in a public or
official or commercial document
2. Falsification of private document b" an" person
a. that the offender committed an" of the acts of
falsification e!cept those in paragraph 4 enumerated
P( in medium
and ma!imum
and a fine of not
more than
P3***
Paragraph 1
1. Four Iinds of 9ocuments
a. Public 9ocument # created e!ecuted or
issued b" a public official in response to
e!igencies of public service or in
e!ecution of which a public official
intervened
b. Official 9ocument # issued b" a public
official in e!ercise of the functions of his
office
c. Private 9ocuments # deed or instrument
e!ecuted b" a private person without the
intervention of notar" public or other
person legall" authorized b" which
document some disposition or
(vvverga Se#on$ Semester) "* +,,-+,,. Page +1 of /.
in +rticle 141
b. that the falsification was committed in an" private
document
c. that the falsification caused damage to a third part" or
at least the falsification was committed with intent to
cause such damage
3. Hse of falsified document
Intro$u#ing in <u$i#ial Pro#ee$ing'
a. that the offender 'new that a document was falsified
b" another person
b. that the false document is embraces in +rticle 141 or
in an" subdivision no 1 or 2 or +rticle 142
c. that he introduced said document in evidence in an"
-udicial proceeding
Bse in "ny >t%er !ransa#tion'
a. that the offender 'new that a document was falsified
b" another person
b. that the false document is embraced in +rticle 141 or
in an" of subdivision no. 1 or 2 of +rticle 142
c. that he used such document Cnot in -udicial
proceedingsD
d. that the use of the false documents caused damage to
another or at least it was used with intent to cause
such damage
agreement is proved evidenced or set
forth
d. (ommercial 9ocuments # defined and
regulated b" the (ode of (ommerce or
an" other commercial law
2. :ere blan' form of official document is not
in itself a document
3. Possessor of a certificate of tile is presumed
to be the author of the falsification that
made possible the transfer of title
0. Possessor of falsified document is presumed
to be author of falsification
3. 1ood faith is a defense
Paragraph 2
1. :ere falsification is not enough$ re@uires:
a. he must have counterfeited the false
document
b. he must have performed an independent
act which operates to pre-udice 3
rd
person
2. 9amage need not be material
3. not necessar" that offender profited or hope
to profit b" falsification
0. Falsification ma" be a necessar" means to
commit other crimes
a. no comple! crime of estafa thru
falsification of private document
b. no falsification thru rec'less imprudence
if document is private and no actual
damage is caused
c. crime is falsification of public document
even if falsification too' place before the
private document becomes part of public
records
1enerall" falsification has no attempted or
frustrated stage
Paragraph 3
1. 9amage not necessar" in crime of
introducing in -udicial proceedings$ 2ntent to
cause damage at least is re@uired in use of
falsified document in proceeding not -udicial
2. Hser deemed author of falsification if
a. the use was so closel" connected in time
(vvverga Se#on$ Semester) "* +,,-+,,. Page ++ of /.
with falsification
b. the user had the capacit" of falsif"ing
the document
1/:
7alsifi#ation
of &ireless)
Cable)
!elegrap%
an$
!elep%one
1essages
"#ts Punis%able
1. Httering fictitious wireless telegraph or telephone
message
a. That the offender is an officer or emplo"ee of the
government or of a private corporation engaged in
the service of sending or receiving wireless cable or
telephone message
b. That the offender commits an" of the following acts:
i. uttering fictitious wireless cable telegraph or
telephone message
ii. falsif"ing wireless cable telegraph or telephone
message
2. Falsif"ing wireless telegraph or telephone message
K same as above
3. Hsing such falsified message
a. that the accused 'new that wireless cable telegraph
or telephone message was falsified b" an" of the
person specified in the 1
st
paragraph of +rticle 143
b. that the accused used such falsified dispatch
c. that the use of the falsified dispatch resulted in the
pre-udice of a 3
rd
part" or that the use thereof was
with intent to cause such pre-udice
P( in medium
and ma!imum #
falsification
Penalt" ne!t
lower in degree #
use of such
falsified dispatch
1. Private individual cannot be a principal b"
direct participation in falsification of
telegraphic dispatches
2. Private individual ma" be held liable as
principal b" inducement in falsification of
telegraph dispatches or telephone messages
1/
7alsifi#ation
of 1e$i#al
Certifi#ates)
Certifi#ates
of 1erit or
Servi#e
Persons Liable'
1. Ph"sician or 8urgeon # must refer to illness or in-ur" of a
person$ called FFalse :edical (ertificate b" a Ph"sicianG
2. Public Officer # includes merit service good conduct or
similar circumstances$ called FFalse (ertificate of :erit or
8ervice b" a Public OfficerG
+ :a"or in
:a!imum to P(
in minimum and
a fine not to
e!ceed P1***
1. Certifi#ate # an" writing b" which
testimon" is given that a fact has or has not
ta'en place
2. Falsification of certificate of large cattle is
now covered b" +rticle 141 or 142 and not
140
3. Private 2ndividual # F False :edical (ertificate b" a Private
2ndividualG or FFalse (ertificate of :erit b" a Private
2ndividualG
+ :a"or
1/.
Bsing 7alse
Certifi#ates
1. That the ph"sician or surgeon had issued a false 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 an" of said certificates
2. that the offender 'new that the certificate was false
3. that he used the same
+ :enor
1/0
1nftg an$
Possession of
"#ts Punis%e$'
1. :a'ing or introducing in to the Philippines an" stamps
dies mar's or other instruments or implements for
P( in medium
and ma!imum
and a fine not to
1. 2mplements confiscated need not form a
complete set
2. +lso punished constructive possession
(vvverga Se#on$ Semester) "* +,,-+,,. Page +: of /.
Implements
for
7alsifi#ation
counterfeiting or falsification
2. Possessing with intent to use the instruments or
implements for counterfeiting or falsification made in or
introduced into the Philippines b" another person
e!ceed P1****
Penalt" ne!t
lower in degree
1//
Bsurpation of
"ut%ority or
>ffi#ial
7un#tions
!wo &ays of Committing t%e Crime'
1. <" 'nowingl" and falsel" representing oneself to be an
officer agent or representative of an" department or
agenc" of the Philippine 1overnment or an" foreign
government
- 2n usurpation of authorit" the mere act of 'nowingl"
and falsel" representing oneself to be an officer etc. is
sufficient$ it is not necessar" that he performs an act
pertaining to a public officer
2. <" performing an" act pertaining to an" person in
authorit" or public officer of the Philippine 1overnment or
of a foreign government or an" agenc" thereof under
pretense of official position and without being lawfull"
entitled to do so
- 2n usurpation of official functions it is essential that the
offender should have performed an act pertaining to a
person in authorit" or public officer in addition to other
re@uirements
P( in minimum
and medium
periods
1. There must be positive e!press and e!plicit
representation
2. The offender should have represented
himself to be an officer agent or
representative of an" department or agenc"
of the government$ or should have
performed an act pertaining to a person in
authorit" or public officer
3. False representation ma" be shown b" acts
0. +rticle 144 ma" be violated b" a public
officer
3. +rticle 144 does not appl" to occupant under
color of title
/. +rticle 144 punishes usurpation of authorit"
or official functions of an" officer of an"
foreign government
4. The act performed without the offender
being lawfull" entitled to do so must pertain
to the government or to an" person in
authorit" or to an" public officer
1/2
Bsing
7i#titious
5ame an$
Con#ealing
!rue 5ame
Bsing 7i#titious 5ame'
1. The offender uses a name other than his real name
2. ;e uses that fictitious name publicl"
3. The purpose of the offender is to conceal a crime to
evade the e!ecution of a -udgment or to cause damage to
public interest
(oncealing True ,ame:
1. That the offender conceals his true name and all other
circumstances
2. That the purpose is onl" to conceal his identit"
9istinction <etween Hse of Fictitious ,ame and (oncealing
True ,ame:
1. 2n use the element of publicit" must be present$ in
concealing true name that element is not necessar"
2. The purpose of use of fictitious name is an" of those 3
enumerated$ in concealing true name it is merel" to
conceal identit"
+ :a"or and a
fine not to
e!ceed P3** #
use of fictitious
name
+ :enor and a
fine not to
e!ceed P2** #
conceal true
name
1. 2f the purpose is for causing damage it must
be damage to public interest
2. 8igning a fictitious name in an application for
passport is publicl" using such fictitious
name
3. 5here a person ta'es the place of another
who has been convicted b" final -udgment
he is guilt" of using a fictitious name
punishable under this +rticle
0. Fictitious ,ame # an" other name which a
person publicl" applies to himself without
authorit" of law
3. (om +ct ,o. 102 regulates the use of aliases
1/4
Illegal Bse of
Bniforms or
Insignia
1. That the offender ma'es use of insignia uniform or dress
2. That the insignia uniform or dress pertains to an office
not held b" the offender or to a class of persons of which
he is not a member
3. That said insignia uniform or dress is used publicl" and
improperl"
+ :a"or 1. 5earing the uniform of an imaginar" office is
not punishable
2. +n e!act imitation of a uniform or dress is
unnecessar"
12,
7alse
!estimony
"gainst a
9efen$ant
1. That there be a criminal proceeding
2. That the offender testifies falsel" under oath against the
defendant therein
3. That the offender who gives false testimon" 'nows that it
is false
0. that the defendant against whom the false testimon" is
given is either ac@uitted or convicted in a final -udgment
7alse !estimony # committed b" a person who being under
oath and re@uired to testif" as to the truth of a certain matter
at a hearing before a competent authorit" shall den" the truth
or sa" something contrar" to it
5ature of Crime of 7alse !estimony # particularl" odious
when committed in -udicial proceedings as it constitutes an
imposition upon the court and seriousl" e!poses it to a
miscarriage of -ustice
)T if the
defendant shall
have been
sentenced to
death
P: if defendant
shall have been
sentenced to )T
or Perpetua
+ :a"or if
defendant shall
have been
sentenced to
correctional
penalt" or a fine
or shall have
been ac@uitted
1. Penalt" for false testimon" against the
defendant in a criminal case depends upon
the sentence imposed on the person against
whom the false testimon" was given
2. 9efendant must be sentenced at least to a
correctional penalt" or a fine or must be
ac@uitted
3. 5itness who gave false testimon" is liable
even if his testimon" was not considered b"
the court
0. The law intends to punish the mere giving of
false testimon"
121
7alse
!estimony
7avorable to
9efen$ant
5ature of t%e Crime # False testimon" favorable to the
defendant is e@uall" repugnant to the orderl" administration of
-ustice
False testimon" is punished because of its tendenc" to favor
or to pre-udice the defendant
+ :a"or in ma!
to P( in
minimum and a
fine not to
e!ceed P1*** #
if prosecution is
for a felon"
punishable b" an
afflictive penalt"
+ :a"or # in an"
other case
1. False testimon" b" negative statement is in
favor of defendant
2. The false testimon" favorable to the
defendant need not benefit the defendant
3. )ectification made spontaneousl" after
realizing the mista'e is not false testimon"
12+
7alse
!estimony in
Civil Cases
1. That the testimon" must be given in a civil case
2. That the testimon" must relate to the issues presented in
said case
3. That the testimon" must be false
0. That the false testimon" must be given b" the defendant
'nowing the same to be false
3. That the testimon" must be malicious and given with an
intent to affect the issues presented in said case
P( in minimum
and a fine not to
e!ceed P/***
+ :a"or in ma!
to P( in
minimum and
fine not to
1. The testimon" given in civil case must be
false
2. +rticle 162 is not applicable when the false
testimon" is given in special proceedings
3. Penalt" depends on amount of the
controvers"
a. P( in minimum and a fine not to e!ceed
P/*** # if amount in controvers" shall
(vvverga Se#on$ Semester) "* +,,-+,,. Page +. of /.
e!ceed P1*** e!ceed P3***
b. + :a"or in ma! to P( in minimum and
fine not to e!ceed P1*** # if amount in
controvers" shall not e!ceed said
amount or cannot be estimated
12:
7alse
!estimony in
>t%er Cases
an$ PerCury
in Solemn
"ffirmation
1. Two wa"s of (ommitting Per-ur"
a. <" falsel" testif"ing under oath$ and
b. <" ma'ing a false +ffidavit
2. =lements of Per-ur"
a. That the accused made a statement under oath or
e!ecuted an affidavit upon a material matter
b. That the statement or affidavit was made before a
competent officer authorized to receive and
administer oath
c. That in the statement or affidavit the accused made a
willful and deliberate assertion of a falsehood$ and
d. That the sworn statement or affidavit containing the
falsit" is re@uired b" law
>at% # an" form of attestation b" which a person signifies
that he is bound in conscience to perform an act faithfull" and
truthfull"
+ffidavit # sworn statement in writing$ a declaration in writing
made upon oath before an authorized magistrate or officer
1aterial 1atter # it is the main fact which is the sub-ect of
the in@uir" or an" circumstance which tends to prove that
fact or an" fact or circumstance which tends to corroborate or
strengthen the testimon" relative to the sub-ect of in@uir" or
which legitimatel" affects the credit of an" witness who
testifies
Competent Person "ut%oriDe$ to "$minister >at% # a
person who has a right to in@uire into the @uestions presented
him upon matters under his -urisdiction
+ :a"or in
ma!imum to P(
in minimum
1. There must be competent proof of
materialit"
2. 9istinguish:
a. :aterial # when it is directed to prove a
fact in issue
b. )elevant # when it tends in an"
reasonable degree to establish the
probabilit" or improbabilit" of a fact in
issue
c. Pertinent # when it concerns collateral
matters which ma'e more or less
probable the proposition at issue
3. 2f the false testimon" given b" the witness 2s
not important essential or material to the
principal matter under investigation it
cannot properl" be held that per-ur" is
committed
0. ,o per-ur" if defendant subscribed and
swore before a cler' in treasurer%s office
since cler' in not a competent person
authorized to administer oaths
3. The assertion of falsehood must be willful
and deliberate
/. 1ood faith or lac' of malice is a defense in
per-ur"
4. =ven if there is no law re@uiring the
statement to be made under oath as long as
it is made for a legal purpose it is sufficient
6. Two contradictor" sworn statements are not
sufficient to convict of per-ur"
7. 8ubornation of Per-ur" # committed b" a
person who 'nowingl" and willfull" procures
another to swear falsel" and the witness
suborned does testif" under circumstances
rendering him guilt"
12
>ffering
7alse
1. That the offender offered in evidence a false witness or
false testimon"
2. That he 'new the witness or the testimon" was false
)espective
penalties
provided in this
1. =ven if there was conspirac" between false
witness and part" who presented him the
witness having desisted before he could
!estimony in
Evi$en#e
3. That the offer was made in a -udicial or official proceeding
>ffer of Evi$en#e begins the moment a witness is called to
the witness stand and interrogated b" counsel
section testif" on an" material matter he is ,OT
liable because desistance during the
attempted stage of e!ecution is an
absolutor" cause which e!empts him from
criminal liabilit"
2. +rticle 160 applies when the offender does
not induce a witness to testif" falsel"
12.
1a#%inations)
1onopolies)
an$
Combinations
1. <" soliciting an" gift or promise as a consideration for
refraining from ta'ing part in an" public auction
a. That there be a public auction
b. That the accused solicited an" gift or promise from
an" of the bidders
c. That such gift or promise was the consideration for his
refraining from ta'ing part in that public auction
d. That the accused had the intent to cause the reduction
of the price of the thing auctioned
2. <" attempting to cause bidders to sta" awa" from an
auction b" threats gifts promises or an" other artifice
a. That there be a public auction
b. That the accused attempted to cause the bidders to
sta" awa" from the public auction
c. That is was done b" threats gifts promises or an"
other artifice
d. That the accused had the intent to cause the reduction
of the price of the thing auctioned
P( in minimum
period and a fine
ranging from
1*L to 3*L of
the value of the
thing auctioned
1. (rime is consummated b" mere solicitation
2. FOther artificeG includes the use of tric'er"
3. +n attempt to cause prospective bidders to
sta" awa" from an auction b" means of
threats gifts etc with the intent that the
thing auctioned should command a lesser
price is sufficient to constitute an offense
0. The threat need not be effective nor the
offer or gift accepted for the crime to arise
3. )eason for the Provision: e!ecution sales
should be opened to free and full
competition in order to secure the ma!imum
benefit for the debtors
120
1onopolies
an$
Combinations
in Restraint
of !ra$e
"#ts Punis%e$ as 1onopolies'
1. (ombination to prevent free competition in the mar'et
- b" entering into an" contract or agreement or ta'ing
part in an" conspirac" or combination in the form of a
trust or otherwise in restraint of trade or commerce
or to prevent b" artificial means free competition in
the mar'et
2. :onopol" to restrain free competition in the mar'et
- b" monopolizing an" merchandise or ob-ect of trade or
commerce or b" combining with an" other personCsD
to monopolize said merchandise or ob-ect in order to
alter the prices thereof b" spreading false rumors or
ma'ing use of an" other artifice to restrain free
competition in the mar'et
3. :anufacturer producer or processor or importer
combining conspiring or agreeing with an" person to
ma'e transactions pre-udicial to lawful commerce or to
increase the mar'et price of merchandise
P( in minimum
or a fine ranging
from P2** to
P/*** or both
1. The theor" in penalizing monopolies and
combinations in restraint of trade is that
competition not combination should be the
law of trade
2. +n" propert" possessed under an" contract
or combination contemplated in this article
shall be forfeited to the 1overnment
3. The law intends to punish the mere
conspirac" or combination at which it is
aimed
0. 2f the offense affects an" food substance
motor fuel or lubricants or other article of
prime necessit" it is sufficient for the
imposition of the higher penalt" that the
initial steps have been ta'en toward carr"ing
out the purposes of combination
3. 5hen the offense is committed b" a
corporation or association the president and
(vvverga Se#on$ Semester) "* +,,-+,,. Page +/ of /.
a. Person Biable # manufacturer producer processor or
importer of an" merchandise or ob-ect of commerce
b. (rime (ommitted b" # combining conspiring or
agreeing with an" person
c. Purpose # to ma'e transactions pre-udicial to lawful
commerce or to increase the mar'et price of an"
merchandise or ob-ect of commerce manufactured
produced processed assembled or imported into the
Philippines
directors or managers are liable as principals
thereof$ <ut the president and directors or
managers are onl" liable if the":
a. 'nowingl" permitted or
b. failed to prevent the commission of such
offense
12/
Importation
an$
9isposition of
7alsely
1arke$
"rti#les
1. That the offender imports sells or disposes of an" of
those articles or merchandise
2. The stamps brands or mar's of those articles of
merchandise fail to indicate the actual fineness or @ualit"
of said metals or allo"s
3. The offender 'nows that stamps brands or mar's fail to
indicate the actual fineness or @ualit" of the metals or
allo"s
P( or a fine
ranging from
P2** to P1***
1. +rticles of merchandise involved: gold
silver other precious metals or their allo"s.
2. 8elling the misbranded articles is not
necessar"
3. +rticle 164 does not appl" to manufacturer
of misbranded articles made of gold silver
etc.
122
Substituting
an$ "ltering
!ra$emarks)
!ra$e
names) or
Servi#e
marks
"#ts Punis%able'
1. <" substituting the trade name or trademar' of some
other manufacturer or dealer or a colorable imitation
thereof for the trade name or trademar' of the real
manufacturer or dealer upon an" article of commerce and
selling the same
2. <" selling or b" offering for sale such articles of
commerce 'nowing that the trade name or trademar' has
been fraudulentl" used
3. <" using or substituting the service mar' or some other
person or a colorable imitation of such mar' in the sale
or advertising of his services
0. <" printing lithographing or reproducing trade name
trademar' or service mar' of one person or a colorable
imitation thereof to enable another person to fraudulentl"
use the same 'nowing the fraudulent purpose for which it
is to be used
!ra$e 5ame # name or designation identif"ing or
distinguishing an enterprise
!ra$e 5ame 9istinguis%e$ from !ra$emark
1. Trade name is used in trade to designate a particular
business of certain individuals considered as an entit"$
trademar' is used to indicate the origin or ownership of
the goods to which it is affi!ed
P( in minimum
or a fine ranging
from P3** to
P2*** or both
1. The trade name etc. used b" the offender
need not be identical with the infringed trade
name etc of the offended part"$ a colorable
imitation is sufficient
2. There must not be differences which are
glaring and stri'ing to the e"e
3. :ar' # an" visible sign capable of
distinguishing the foods Ctrademar'D or
service Cservice mar'D of an enterprise and
shall include a stamped or mar'ed container
0. The trademar'%s function is to indicate the
origin or ownership of the goods to which it
is fi!ed
3. The ob-ects of trademar' are to point out
distinctl" the origin or ownership of the
article to which it is affi!ed to secure to
him who has been instrumental in brining
into mar'et a superior article of
merchandise the fruit of his industr" and
s'ill and to prevent fraud and imposition
/. 2t is not necessar" that the goods of the
prior user and the late user of the trademar'
are of the same categories
4. The trade name or trademar' must be
registered
6. Trademar' must not be merel" descriptive
2. Trade name unli'e trademar's are not necessaril"
attached or affi!ed to the goods of the owner
or generic
7. The e!clusive right to an originall" valid
trademar' or trade name is lost if for some
reason it loses its distinctiveness or has
become Fpublici jurisG
124
Bnfair
Competition)
7rau$ulent
Registration
of !ra$e
5ame)
tra$emark) or
servi#e mark)
7rau$ulent
$esignation
of >rigin) an$
7alse
9es#ription
"#ts Punis%e$'
1. <" selling his goods giving them the general appearance
of the goods of another manufacturer or dealer CHnfair
(ompetitionD
a. That the offender gives his goods the general
appearance of the goods of another manufacturer or
dealer
b. That the general appearance is shown in the CaD goods
themselves or in the CbD wrapping of their pac'ages
or in the CcD device or words therein or CdD an" other
feature of their appearance
c. That the offender offers to sellCsD those goods or gives
other persons a chance or opportunit" to do the same
with a li'e purpose
d. That there is actual intent to deceive public or defraud
a competitor
2. <" CaD affi!ing to his goods or using in connection with his
services a false designation of origin or an" false
description or representation and CbD b" selling such
goods and services
3. <" procuring fraudulentl" from the patent office the
registration of trade name trademar' or service mar'
Smuggling or Illegal Importation'
- re@uisites:
1. that the merchandise must have been fraudulentl" or
'nowingl" imported contrar" to law
2. that the defendant if he is not the importer himself must
have received concealed bought sold or in an" manner
facilitated the transportation concealment or sale of the
merchandise
3. that the defendant must be shown to have 'nowledge that
the merchandise had been illegall" imported
Penalt" provided
for in the ne!t
preceding article
1. :ere offer for sale completes the
commission of the crime
2. =vidence of actual fraudulent intent is not
necessar"
3. The basis for penalizing unfair competition is
that no one shall b" imitating or an" unfair
device induce the public to believe that the
goods he offers for sale are the goods of
another and thereb" appropriate to himself
the value of the reputation which the other
has ac@uired for the products or
merchandise manufactured or sold b" him
0. The true test of unfair competition is
whether certain goods have clothed with an
appearance which is li'el" to deceive
ordinar" purchaser e!ercising ordinar" care
and not whether a certain limited class of
purchaser with special 'nowledge not
possessed b" the ordinar" purchaser could
avoid mista'e b" the e!ercise of this special
'nowledge
3. :aster is liable for acts of servant
/. 2nfringement of Trademar' or Tradename
distinguished from Hnfair (ompetition
a. H( is broader and more inclusive
b. 2n H( the offended part" has identified
in the mind of the public the goods he
manufactures or deals in from those of
others$ while in infringement the
offended part" has identified a peculiar
s"mbolEmar' with his goods and thereb"
has ac@uired a propert" right in such
s"mbolEmar'
c. 2n H( the offender gives his goods the
general appearance of the goods of
another manufacturer E dealer and sells
the same$ while in infringement the
offender uses the trademar' or
tradename of another manufacturer or
dealer and sells his goods on which the
trademar' is affi!ed
4. The use of dul" stamped or mar'ed
containers is regulated
14, E 14 )epealed b" 9angerous 9rugs +ct of 1742
14. E 144 +mended b" P9 1/*2 Prescribing 8tiffer Penalties in 2llegal
1ambling
140
Importation)
sale an$
Possession of
Lottery
!i#kets or
"$s
+cts Punished:
1. <" importing into the Philippines from an" foreign place or
port an" lotter" tic'et or advertisement
2. <" selling or distributing the name in connivance with the
importer
3. <" possessing 'nowingl" and with intent to use lotter"
tic'ets or advertisements
0. <" selling or distributing the same without connivance with
the importer
+ :a"or in
ma!imum to P(
in minimum or a
fine ranging from
P2** to P2***
or both #
importation or
selling and
distributing
+ :enor or fine
not e!ceeding
P2*** or both #
possessing
1. The possession of an" lotter" tic'et or
advertisement is prima facie evidence of an
intent to sell distribute or use of the same
2. 2f the defendant can establish that he did not
'now of the e!istence of the lotter" tic'et
the presumption is destro"ed
3. 2t is not necessar" that the lotter" tic'ets be
genuine as it is enough that the" be given
the appearance of lotter" tic'ets
0. 2f the lotter" tic'ets are counterfeit the"
cannot give rise to the evil sought to be
eradicated
14/ )epealed b" P9 063 <etting 1ameAFi!ing or PointA8having
and :achinations in 8port (ontests
142
Illegal
Betting on
6orse Ra#es
+cts Punishable:
1. <" betting on horse races during the periods ,OT allowed
b" law
+ :enor or fine
not e!ceeding
P2** or both
1. Totalizer # machine for registering and
indicating the number and nature of bets
made on horse races
2. ;orse )aces Prohibited on:
a. Mul" 0
th
of ever" "ear
b. 9ecember 3*
th
of ever" "ear
c. +n" registration or voting da"s
d. ;ol" Thursda" and 1ood Frida"
2. The race held on the same da" and at the
same place is punishable as separate
offenses
3. There is no liabilit" if there is no betting or
use of totalizer
0. <" maintaining or emplo"ing a totalizer or other device or
scheme for betting on races or realizing profit therefrom
during the periods not allowed b" law
+ :a"or or a fine
from P2** to
P2*** or both
144
Illegal
Co#kfig%ting
+mended b" P9 007 (oc'fighting Baw of 1740
Persons Liable:
1. +n" person who directl" or indirectl" participates in
coc'fighting b" betting mone" or other valuable things or
who organizes coc'fights at which bets are made on a
da" other than those permitted b" law
2. +n" person who directl" or indirectl" participates in
+ :enor or a fine
not e!ceeding
P2** or both
1. Permitting gambling of an" 'ind in coc'pit is
punished under the same 9ecree
2. 8pectators in a coc'fight are not liable
(vvverga Se#on$ Semester) "* +,,-+,,. Page :, of /.
coc'fights b" betting mone" or other valuable things or
organizes such coc'fights at a place other than a licensed
coc'pit
+,,
3rave
S#an$al
1. That the offender performs an actCsD
2. That such actCsD be highl" scandalous as offending against
decenc" or good customs
3. That the highl" scandalous conduct is not e!pressl" falling
within an" other article of this (ode
0. That the act or acts complained of be committed in a
public place or within the public 'nowledge or view
3rave S#an$al # consists of acts which are offensive to
decenc" and good customs which having been committed
publicl" have given rise to public scandal to persons who have
accidentall" witnessed the same
+ :a"or and
Public (ensure
1. 9ecenc" # propriet" of conduct$ proper
observance of the re@uirements of modest"
good taste etc.
2. (ustoms # established usage social
conventions carried on b" tradition and
enforced b" social disapproval of an"
violation thereof
3. 2f the actCsD of the offender are punished
under another article of this code +rticle
2** is not applicable
0. The acts must be performed in a public place
or within the public 'nowledge or view
+,1
Immoral
9o#trines)
>bs#ene
Publi#ations
an$
E=%ibitions)
an$ In$e#ent
S%ows
Publicit" is essential
1oral # conformit" with the generall" accepted standards of
goodness or rightness in conduct or character
>bs#ene # something offensive to chastit" decenc" delicac"
Those Biable:
1. Those who shall publicl" e!pound or proclaim doctrines
openl" contrar" to public morals
2. +uthors of obscene literature published with their
'nowledge in an" form the editors publishing such
literature$ and the ownersEoperators of the establishment
selling the same
3. Thos who in theaters fairs cinematographs etc. e!hibit
indecent or immoral pla"s scenes acts etc. it being
understood that the obscene literature or indecent or
immoral la"s etc. whether in live or in file which are
proscribed b" virtue hereof
0. Those who shall sell give awa" or e!hibit films prints
engravings sculptors etc. which are offensive to morals
P: or a fine
ranging from
P/*** to
P12*** or both
1. The author of obscene literature is liable onl"
when it is published with his 'nowledge
2. 2n ever" case the editor publishing is liable
3. The test of obscenit" is whether the
tendenc" 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 ma" fall and
also whether or not such publication or act
shoc's the ordinar" and common sense of
men as an indecenc"
0. :ere nudit" in pictures or paintings is not an
obscenit"
3. F1ive +wa"G should be read as FdistributeG
/. Pictures with slight degree of obscenit" not
used for art%s sa'e but for commercial
purposes fall under this +rticle
4. The ob-ect of the law is to protect the morals
of the public
6. 9isposition of articles # to be forfeited in
favor of the government
+,+
Vagrants an$
Prostitutes
Vagrants'
1. +n" person having no apparent means of subsistence who
has ph"sical abilit" to wor' and who neglects to appl"
himself to some lawful calling
2. +n" person found loitering about public or semiApublic
buildings or places or tramping or wandering about the
countr" or the streets without visible means of support
+ :enor or a fine
not e!ceeding
P2**
2n case of
recidivism +
:a"or in medium
1. Onl" par. 1 and 2 re@uires absence of visible
means of support
2. :endicanc" and abetting mendicanc" are
punished
3. 1iving of alms thru organized agencies
operation under the rules and regulations of
the :inistr" of Public 2nformation is not a
(vvverga Se#on$ Semester) "* +,,-+,,. Page :1 of /.
3. +n" idle or dissolute person who lodges in houses of illA
fame$ ruffians or pimps and those who habituall"
associate with prostitutes
0. +n" person who not being included in the provision of
other articles of this (ode shall be found loitering in an"
inhabited or uninhabited place belonging to another
without an" lawful or -ustifiable purpose
Prostitute # a woman who for mone" or profit habituall"
indulge in se!ual intercourse or lascivious conduct
to P( in
minimum or a
fine from P2** to
P2*** or both
violation of the :endicanc" Baw
0. 9issolute # la! unrestrained immoral
3. )uffians # brutal violent lawless persons
/. Pimp # one who provides gratification for the
lust of others
4. 8e!ual intercourse is not absolutel"
necessar"
+,:
&%o are
Publi#
>ffi#ers
1. Ta'ing part in the performance of public functions in the
1overnment or performing in said 1overnment or in an"
of its branches public duties as an emplo"ee agent or
subordinate official of an" ran' or class$ and
2. That his authorit" to ta'e part in the performance of public
functions or to perform public duties must be:
a. b" direct provision of the law or
b. b" popular election
c. b" appointment b" competent authorit"
1. The term Fpublic officersG embraces ever"
public servant from the highest to the
lowest
2. Temporar" performance of public functions
b" a laborer ma'es him a public officer
+,
Fnowingly
Ren$ering
BnCust
<u$gment
1. That the offender is a -udge$
2. That he renders a -udgment in a case submitted to him for
decision
3. That the -udgment is un-ust
0. That the -udge 'nows that his -udgment is un-ust
1isfeasan#e
- improper performance of some act which might
lawfull" be done
1alfeasan#e
- performance of an act which ought ,OT to be done
5onfeasan#e
P: and Perpetual
+bsolute
9is@ualification
CP+9D
1. Mudgment # final consideration and
determination of a court of competent
-urisdiction upon the matters submitted to it
in an action or proceeding
2. Hn-ust Mudgment # one which is contrar" to
law or is not supported b" the evidence or
both
3. +n un-ust -udgment is rendered 'nowingl"
when it is made deliberatel" and maliciousl"
0. 8ources of Hn-ust Mudgment:
a. =rror # no liabilit" for error in good faith
b. 2llAwill or )evenge
c. <riber"
3. There must be evidence that the -udgment is
(vvverga Se#on$ Semester) "* +,,-+,,. Page :+ of /.
- omission of some act which ought to be performed un-ust # it cannot be presumed
/. Mudgment must be contrar" to law and not
supported b" evidence
4. There must be evidence that the -udge 'new
that his -udgment is un-ust
+,.
Ren$ering
<u$gment
!%ru
5egligen#e
2. that he renders a -udgment in a case submitted to him for
decision
3. That he -udgment is manifestl" un-ust
0. That it is due to his ine!cusable negligence or ignorance
+ :a"or and
Temporar"
8pecial
9is@ualification
CT89D
1. + manifestl" un-ust -udgment is one so
manifestl" contrar" to law that even a
person having a meager 'nowledge of the
law cannot doubt the in-ustice
2. +buse of discretion or mere error of
-udgment where there is not proof or even
allegation of bad faith or ill motive is not
punishable
+,0
Ren$ering
BnCust
Interlo#utory
>r$er
2. That he performs an" of the following acts:
a. 'nowingl" renders un-ust interlocutor" order or
decree$ or
+ :a"or in
minimum and
8uspension
1. 2nterlocutor" Order # issued b" court
between commencement and end of a suit or
action and which decides some pointEmatter
but which however is not a final decision of
matter in issue
2. Test in 9etermining: F9oes it leave
something to be done in the trial court with
respect to the merits of the caseNG
a. if it does # it is interlocutor"
b. if it doesn%t # it is final
b. renders a manifestl" un-ust interlocutor" order or
decree thru ine!cusable negligence or ignorance
8uspension
+,/
1ali#ious
9elay in t%e
"$min of
<usti#e
1. That the offender is a -udge
2. That there is a proceeding in his court
3. That he dela"s the administration of -ustice
0. That the dela" is malicious
P( in minimum 1. :ere dela" without is not a felon" under this
article
2. 9ela" is :alicious # the dela" is cause b" the
-udge with deliberate intent to inflict damage
on either part" in the case
+,2
9ereli#tion of
9uty in
Prose#ution
of >ffenses
"#ts Punis%able'
1. <" maliciousl" refraining from institution prosecution
against violators of the law
2. <" maliciousl" tolerating the commission of offenses
Elements:
1. That the offender is a public officer or officer of the law
who has a dut" to cause the prosecution of or to
prosecute offenses
2. That there is dereliction of the duties of his office$ that is
'nowing the commission of the crime he does not cause
the prosecution of the criminal or 'nowing that a crime is
about to be committed he tolerates its commission
P( in minimum
period and
suspension
1. ,egligence # under this article is not merel"
lac' of foresight or s'ill but neglect of duties
of office b" maliciousl" failing to move the
prosecution and punishment of the
delin@uent
2. :alice is an important element
3. FOfficers of the BawG includes all those of the
prosecution who b" reasons of the position
held b" them are dut"Abound to cause the
prosecution Cincludes (hief of Police and
barrio lieutenantD
0. F:aliciousl"G signifies deliberate intent
3. (rime committed b" the lawAviolator must
be proved first before the person charged
with dereliction can be made liable
(vvverga Se#on$ Semester) "* +,,-+,,. Page :: of /.
/. )P( not applicable to revenue officers
+,4
Betrayal of
!rust by an
"ttorney or
Soli#itor
"#ts Punis%e$'
1. <" causing damage to his client either CaD b" an"
malicious breach of professional dut" CbD b" ine!cusable
negligence or ignorance
2. <" revealing an" of the secrets of his client learned b" him
in his professional capacit"
3. <" underta'ing the defense of the opposing part" in the
same case without the consent of his first client after
having underta'en the defense of said first client or after
having received confidential information from said client
2n addition to
proper
administrative
action P( in
minimum or a
fine ranging
P2** # P1***
1. Hnder first act there must be 9+:+1= to
his client
2. Hnder 2
nd
act damage is ,OT necessar"
3. Hnder 3
rd
act if the client consents to the
attorne"%s ta'ing the defense of the other
part" there is no crime
0. Procurador Judicial # a person who had some
practical 'nowledge of law and procedure
but not a law"er and was permitted to
represent a part" in a case before an inferior
court
+1,
9ire#t
Bribery
"#ts Punis%able in 9ire#t Bribery'
1. <" agreeing to perform or b" performing in consideration
of an" offer promise gift or present # and act constituting
a crime in connection with the performance of his official
duties
2. <" accepting a gift in consideration of the e!ecution of an
act which does not constitute a crime in connection with
the performance of his official dut"
3. <" agreeing to refrain or b" refraining from doing
something which is his official dut" to do in consideration
of gift or promise
Elements'
1. That the offender be a public officer within scope of +rticle
2*3
2. That the offender accepts an offer or a promise or receives
a gift or present b" himself or thru another
3. That such offer or promise be accepted or gift or present
received b" the public officer:
a. with a view to committing some crime$ or
b. in consideration of the e!ecution of an act which does
not constitute a crime but the act must be un-ust
c. to refrain from doing something which it is his official
dut" to do
0. That the act which the offender agrees to perform or
which he e!ecutes be connected with the performance of
his official duties
P: in medium
and ma!imum
and fine of not
less than value
of gift and not
less than 3!
value of gift in
addition to the
penalt"
corresponding to
crime agreed
upon and 8pecial
Temporar"
9is@ualification
C8T9D # if the
same crime
should have
been committed
and if the act
does not
constitute a
crime and officer
e!ecuted the act
P( in medium
and fine of not
less than 2!
value of gift and
8T9 # if act shall
7irst Element'
3. Temporar" performance of public functions is
sufficient to constitute a person a public
officer
0. 2t is believed that it does not cover a private
individual because the additional penalt" of
8T9 has no practical application
Se#on$ Element'
1. 1ift ma" be received b" public officer himself
or thru a 3
rd
person
2. <riber" e!ists:
a. when the gift is offered voluntaril" b" a
private person
b. when the gift is solicited b" a public
officer and the private person voluntaril"
delivers it to the public officer
c. when the gift is solicited b" a public
officer as the consideration for his
refraining from the performance of an
official dut" and the private person
3. + promise of gift to a public officer who
accepts such promise is sufficient under 1
st
paragraph
0. 2n 2
nd
paragraph the gift must be +((=PT=9
3. 2f the offer is not accepted onl" the person
offering the gift is criminall" liable
/. The gift must have a value or be capable of
pecuniar" estimation
Prevari#a#ion @"rt. +,2A 9istinguis%e$ from Bribery'
1. <oth are committed b" refraining doing something which
pertains to the official dut" of the officer
2. 2n briber" the offender refrained from doing his official
dut" in consideration of a gift received or promised$ while
in crime of prevaricacion this element is ,OT necessar"
not have been
accomplished !%ir$ Element'
1. The act which the public officer agrees to
perform must be connected with the
performance of official duties
2. 2t is not briber" if the act is in discharge of a
mere moral dut"
3. The fact that the act agreed to be performed
is in e!cess of his power -urisdiction or
authorit" is no defense =O(=PT: if act is so
foreign to duties of office as to lac' even
color of authorit"
0. 2n briber" the gift or present must be given
to the public officer to corrupt him
+11
In$ire#t
Bribery
1. That the offender is a public officer
2. That he accepts gifts
3. That the said gifts are offered to him b" reason of his
office
9ire#t Bribery 9istinguis%e$ from In$ire#t Bribery'
1. 2n both the public officer receives a gift
2. 2n direct briber" there is an agreement between the
public officer and the giver$ in indirect briber" usuall" no
such agreement e!ists
3. 2n direct briber" the offender agrees to perform or
performs an act or refrains from doing something because
of the gift or promise$ in indirect briber" in is ,OT
necessar" that the officer should do an" particular act or
even promise to do an" act as it is enough that he
accepts gifts offered to him b" reason of his office
+ :a"or
suspension in
minimum and
medium and
public censure
,o attempted or
frustrated
indirect briber"
1. The gift is usuall" 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 ta'e the gift so
offered and consider the same as his own
propert"
3. :ere ph"sical receipt unaccompanied b" an"
other sign circumstance or act to show such
acceptance is ,OT sufficient to lead the
court to conclude that the crime of indirect
briber" has been committed
0. People vs. Pamplona Cpg. 3/1D # considered
indirect briber" even if there was a sort of
agreement between public officer and giver$
reason: the act e!ecuted b" the accused
was ,OT un-ust therefore it cannot be direct
briber"
+11-"
;ualifie$
Bribery
1. That the offender is a public officer or entrusted with law
enforcement
2. That the offender refrains from arresting or prosecuting an
offender who has committed a crime punishable b" )P
andEor death
3. That the offender refrains from arresting or prosecuting
the offender in consideration of an" promise gift or
present
Penalt" for
offense which
was not
prosecuted #
first paragraph
Penalt" of death
# if it is the
public officer
who as's or
demands such
(vvverga Se#on$ Semester) "* +,,-+,,. Page :. of /.
gift or present
+1+
Corruption of
Publi#
>ffi#ials
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 ma'e the public officer liable for direct briber" or
indirect briber"
8ame penalties
imposed upon
officer corrupted
e!cept
dis@ualification
and suspension
1. Offender in this article is the giver or offeror
2. The public officer sought to be bribed is not
criminall" liable unless he accepts the gift or
consents
3. <riber" is usuall" proved b" evidence
ac@uired in entrapment
+1:
7rau$s
"gainst t%e
Publi#
!reasury an$
Similar
>ffenses
+cts Punishable as Frauds +gainst Public Treasur":
1. <" entering into an" agreement with an" interested part"
or speculator or ma'ing use of an" other scheme to
defraud the government in dealing with an" person with
regard to furnishing supplies the ma'ing of contracts or
the ad-ustment or settlement of accounts relating to
propert" or funds.
2. <" demanding directl" or indirectl" the pa"ment of sums
different form or larger than those authorized " law in the
collection of ta!es licenses fees and other imposts.
3. <" failing voluntaril" to issue a receipt as provided b"
law for an" sum of mone" collected b" him officiall" in
the collection of ta!es licenses fees and other imposts
0. <" collecting or receiving directl" or indirectl" b" wa" of
pa"ment or otherwise things or ob-ects of a nature
different from that provided b" law in the collection of
ta!es licenses fees and other imposts
Elements of 7rau$s against Publi# !reasury'
1. That the offender be public officer
2. That he should have ta'en advantage of his office that is
he intervened in the transaction in his official capacit"
3. That he entered into an agreement with an" interested
part" or speculator or made use of an" other scheme with
regard to furnishing supplies the ma'ing of contracts or
the ad-ustment or settlement of accounts relating to public
propert" or funds
0. That the accused had intent to defraud the government
Elements of Illegal E=a#tion'
1. The offender is a public officer entrusted with the
collection of ta!es licenses fees and other imposts
2. ;e is guilt" of acts 2 3 and 0 Cabove in +cts Punishable as
Frauds +gainst Public Treasur"D
P( medium to
P: minimum or
a fine ranging
from P2** to
P1**** or both
Provisions of
+dministrative
(ode # when
culprit is an
officer or
emplo"ee of <2)
or <O(
1. Public officer must act in his official capacit"
# the public officer must have the dut" to
deal with an" person with regard to
furnishing supplies etc.
2. The crime of frauds against public treasur" is
consummated b" merel" entering into an
agreement with an" interested part" or
speculator or b" merel" ma'ing use of an"
other scheme to defraud the government
3. 2t is not necessar" that the government is
actuall" defrauded b" reason of the
transaction.
0. 2t is sufficient that the government is
actuall" defrauded b" reason of the
transaction.
3. :ere demand for larger or different amount
is sufficient to consummate the crime
/. (ollecting officer must issue official receipts
to be guilt" of illegal e!actions
4. 5hen there is 9=(=2T in demanding greater
fees than those prescribed b" law the crime
committed is estafa and not illegal e!action.
6. Ta! collector need not account for ta!
collected
7. 2f a ta! collector collected a sum larger than
that authorized b" law and spent all of them
is guilt" of 2 crimes$
a. 2llegal e!action for demanding a greater
amount
b. :alversation for misappropriating the
amount e!tracted
1*. Officer or emplo"ee of <2) or <O( not
covered b" this article
+1
>t%er 7rau$s
Elements of t%e Crime'
2. That he ta'es advantage of his official position
3. That he commits an" of the frauds or deceits enumerated
in +rticles 313 to 316
2n addition to the
penalties
prescribed in the
provisions of
(hapter / Title
1* <oo' 2 of
this (ode the
penalt" of T89 in
ma!imum to P89
1. The public officer must ta'e advantage of his
official position
2. Frauds and 9eceits =numerated in (hapter
/ Title 1* <oo' 2 of this (ode:
a. =stafa
b. Other Forms of 8windling
c. 8windling a :inor
d. Other 9eceits
3. The )T( and not the :T( has -urisdiction
when this article is involved regardless of
amount or penalt" involved because the :T(
has not -urisdiction to impose the penalt" of
dis@ualification
+1.
Pro%ibite$
!ransa#tions
1. That the offender is an appointive public officer
2. That he becomes interested directl" or indirectl" in an"
transaction of e!change or speculation
3. That the transaction ta'es place within the territor"
sub-ect to his -urisdiction
0. That he becomes interested in the transaction during his
incumbenc"
=!ample of +ppointive Public Officer:
A -ustices -udges or fiscals emplo"ees engaged in the
collection and administration of public funds
P( minimum or a
fine ranging from
P2** to P1***
or both
1. The transaction must be one of e!change or
speculation
2. 2t is sufficient that the appointive officer has
an interest in an" transaction of e!change or
speculation
3. Purchasing of stoc's or shares in a compan"
is simpl" an investment and is not a violation
of the article
0. <u"ing regularl" securities for resale is
speculation
3. +ppointive officer should not devote himself
to commerce
+10
Possession of
Pro%ibite$
Interest by a
Publi# >ffi#er
People Liable for Possession of Pro%ibite$ Interest'
1. Public officer who directl" or indirectl" became interested
in an" contract or business in which it was his official dut"
to intervene.
2. =!perts arbitrators and private accountants who in li'e
manner too' part in an" contract or transaction
connected with the estate or propert" in the appraisal
distribution or ad-udication of which the" had acted
3. 1uardians and e!ecutors with respect to the propert"
belonging to their wards or estate
+ :a"or medium
period to P(
minimum period
or a fine ranging
from P2** to
P1*** or both
1. +ctual fraud is not necessar"
2. 2ntervention must be b" virtue of public
office held
3. +n officer who intervenes in contract or
transaction which has no connection with his
office (+,,OT commit the crime defined in
+rticle 216
+1/
1alversation
of Publi#
7un$s or
Property E
Presumption
of
1alversation
EmbeDDlement # also called malversation
"#ts Punis%able in 1alversation'
1. <" appropriating public funds or propert"
- includes ever" attempt to dispose of the same without
right
2. <" ta'ing or misappropriating the same
- the funds or propert" ta'en need not be
P( in medium
and ma!imum #
if amount does
not e!ceed P2**
P: minimum and
medium # if
amount is more
1. The offender in malversation under this
article must be a public officer defined in
+rticle 2*3
2. ,ature of the duties of the public officer not
name of office is controlling
3. Funds or propert" must be received in
official capacit"
0. 5hen a public officer had no authorit" to
(vvverga Se#on$ Semester) "* +,,-+,,. Page :/ of /.
misappropriated for it to be consummated
3. <" consenting or thru abandonment or negligence
permitting an" other person to ta'e such public funds or
propert"
- negligence must be positive and clearl" shown to be
ine!cusable appro!imating malice or fraud
0. <" being otherwise guilt" of the misappropriation or
malversation of such funds or propert"
Elements Common to "ll "#ts of 1alversation'
1. That the offender be a public officer
2. That he had the custod" or control of funds or propert" b"
reason of the duties of his office
3. That those funds or propert" were public funds or propert"
for which he was accountable
0. That he appropriated too' misappropriated or consented
or thru abandonment or negligence permitted another
person to ta'e them
!o be guilty of 1alversation) Publi# offi#er must %ave'
1. The official custod" of public funds or propert" or the dut"
to collect or receive funds due the government and
2. The obligation to account for them to the government
than P2** b" not
e!ceeding
P/***
P: ma!imum to
)T minimum if
amount more
than P/*** but
less than
P12***
)T medium and
ma!imum if
amount more
than P12*** but
less than
P22***
)T ma!imum to
)P if amount
e!ceeds P22***
receive the mone" for the government and
upon receipt if the same he misappropriated
it the crime committed is estafa
3. + public officer having onl" a @ualified
charge of government propert" without
authorit" to part with ph"sical possession of
it unless upon order from his immediate
superior cannot be held liable for
malversation C5ebster and 5ic'ersham
rulingsD
/. 5ebster and 5ic'ersham cases not
applicable when the accused had authorit" to
receive mone" pertaining to the government
4. + private person conspiring with an
accountable public officer in committing
malversation is also guilt" of malversation
6. 1overnment funds include revenue funds
and trust funds
7. Private propert" ma" be involved in
malversation
1*. The measure of negligence is the standard of
care commensurate with the occasion
11. 2n malversation not committed thru
negligence lac' of criminal intent or good
faith is a defense
12. Presumption from failure to have dul"
forthcoming public funds or propert" upon
demand: Prima Facie evidence that he has
put such to personal use
13. Presumption ma" be rebutted
10. The return of the funds is onl" mitigation
not e!empting circumstance
13. 5hen a shortage is paid b" the public officer
from his poc'et he is not liable for
malversation
1/. <orrowing mone" to replace funds #
malversation
14. <orrowing mone" to replace funds # when
missing amount is found in some
unaccustomed place he is ,OT liable
16. Previous demand is not necessar" in
malversation in spite of last paragraph of
+rticle 214
17. + person whose negligence made possible
the commission of malversation b" another
can be held liable as principle b"
indispensable cooperation in comple! crime
of malversation thru falsification of a public
document b" rec'less negligence
2*. 9amage to the government is ,OT
necessar"
+12
7ailure of
"##ountable
>ffi#er to
Ren$er
"##ounts
1. That the offender is a public officer whether in the service
or separated therefrom
2. That he must be an accountable officer for public funds or
propert"
3. That he is re@uired b" law or regulation to render accounts
to the (O+ or to a provincial auditor
0. That he fails to do so for a period of two months after such
accounts should be rendered
P( in minimum
or fine ranging
from P2** to
P/*** or both
1. 9emand for accounting is not necessar"
2. )eason wh" :ere Failure to )ender +ccount
is Punishable: performance of the dut"
3. :isappropriation is not necessar" in order to
be liable under this article
+14
7ailure to
Ren$er
"##ounts
before
Leaving t%e
Country
2. That he must be an accountable officer for public funds or
propert"
3. That he must have unlawfull" left Cor be on the point of
leavingD the Philippines without securing from (O+ a
certificate showing that his accounts have been finall"
settled
+ :a"or or fine
ranging from
P2** to P1***
or both
The act of leaving the countr" must be
unauthorized or not permitted b" law
++,
Illegal Bse of
Publi# 7un$s
or Property
2. That there is public fund or propert" under his
administration
3. That such public fund or propert" has been appropriated
b" law or ordinance
0. That he applies the same to a public use other than that
for which such fund or propert" has been appropriated b"
law or ordinance
P( minimum or a
fine ranging from
P to total value
of sum
misapplied with
T89 # if damage
or
embarrassment
resulted
Fine from 3A3*L
of sum
misapplied # if
no damage or
embarrassment
resulted
1. The public finds or propert" must be
appropriated b" law or ordinance for a
particular purpose
2. 2llegal Hse of Public Funds or Propert"
9istinguished from :alversation under
+rticle 214:
a. <oth crimes # offenders are accountable
public officers
b. 2llegal Hse of Public FundsEPropert" #
offender does not derive an" personal
gain or profit$ :alversation # offender in
certain cases profits from proceeds of
crime
c. 2llegal Hse # public fundEpropert" is
applied to another public use$
:alversation # public fund or propert" is
applied to personal use and benefit of
offender or of another person
++1
7ailure to
1ake
9elivery of
Publi# 7un$s
or Property
"#ts Punis%able'
1. <" failing to ma'e pa"ment b" public officer who is under
obligation to ma'e such pa"ment from 1overnment funds
in his possession
2. <" refusing to ma'e deliver" b" a public officer who had
been ordered b" competent authorit" to deliver an"
propert" in his custod" or under his administration
Elements of 7ailure to 1ake Payment'
1. That the public officer has government funds in his
possession
2. That he is under obligation to ma'e pa"ment from such
funds
3. That he fails to ma'e the pa"ment maliciousl"
+ :a"or and fine
from 3A23L of
sum he failed to
pa"
Hnder 2
nd

paragraph Fine
shall be
graduated b"
value to thing
provided that it
shall not be less
than P3*
)efusal to ma'e deliver" of propert" must be
:+B2(2OH8.
+++
>ffi#ers
In#lu$e$ in
t%e Pre#e$ing
Provisions
Private In$ivi$uals &%o 1ay be Liable from "rts. +1/-
++1'
1. Private individuals who in an" capacit" whatever have
charge of an" national provincial or municipal funds
revenue or propert"
2. +dministrator or depositor" of funds or propert" attached
seized or deposited b" pubic authorit" even if such
propert" belongs to a private individual
Provisions of this
chapter shall
appl"
1. Purpose: to e!tend the provision of this
(ode on malversation to private individuals
2. 8heriffs and receivers fall under the term
FadministratorG
3. Mudicial administrator is not covered b" this
article
0. Private propert" is included provided it is
attached seized or deposited with public
authorit"
++:
Conniving
wit% or
Consenting to
Evasion
2. That he had in his custod" or charge a prisoner either
detention prisoner or prisoner b" final -udgment
3. That such prisoner escaped from his custod"
0. That he was in connivance with the prisoner in the latter%s
escape
Classes of Prisoners Involve$'
1. Fugitive sentenced b" final -udgment to an" penalt"
2. Fugitive held onl" as detention prisoner for an" crime or
violation of law or municipal ordinance
P( medium and
ma!imum and
T89 ma!imum to
P89 # sentenced
b" final
-udgment to an"
penalt"
P( minimum and
T89 # fugitive
not finall"
convicted but
onl" held as
detention
prisoner
1. (onnivance with the prisoner in his escape is
an indispensable element
2. 9etention Prisoner # person in legal custod"
arrested for and charged with some crime
or public offense
3. )elease of detention prisoner who could not
be delivered to the -udicial authorit" within
the time fi!ed b" law is not infidelit" in the
custod" of the prisoner
0. Benienc" or la!it" is not infidelit" Ce.g.
prisoner allowed to eat in restaurant near
municipal buildingD
3. )ela!ation of 2mprisonment is considered
infidelit"
++
Evasion
!%roug%
5egligen#e
2. That he is charged with the conve"ance or custod" of a
prisoner either detention prisoner or prisoner b" final
-udgment
3. That such prisoner escapes thru his negligence
+ :a"or
ma!imum to P(
minimum and
T89
1. The prisoner is either a convict b" a final
-udgment or detention prisoner
2. 5hat is punished invasion thru negligence is
such a definite la!it" as all but amounts to
deliberate nonAperformance of dut" on the
part of the guard Ce.g. falling asleep lac' of
(vvverga Se#on$ Semester) "* +,,-+,,. Page , of /.
Liability of Es#aping Prisoner'
1. (onvict b" reason of final -udgment # +rticle 134
2. 9etention Prisoner # no liabilit"
ade@uate precautionsD
3. The fact that public officer recaptured the
prisoner does not afford complete
e!culpation
++.
Es#ape of
Prisoner
un$er t%e
Custo$y of a
Person not a
Publi# >ffi#er
1. That the offender is a private person
2. That the conve"ance or custod" of a prisoner or person
under arrest is confided to him
3. That the prisoner or person under arrest escapes
0. That the offender consents to the escape of the prisoner or
person under arrest or that the escape ta'es place thru
his negligence
Penalt" ne!t
lower in degree
than that
prescribed for
the public officer
This article does not appl" if a private person
was the one who made the arrest and consented
to the escape of the person he arrested
++0
Removal)
Con#eal-ment
or
9estru#tion
of 9o#uments
1. That the offender be a public officer
2. That he abstracts destro"s or conceals documents or
papers
3. That the said documents or papers should have been
entrusted to such public officer b" means of his office
0. That damage whether serious or not to a third part" or
to the public interest should have been caused
"#ts Punis%able in Infi$elity in Custo$y of 9o#uments'
1. )emoving
2. 9estro"ing
3. (oncealing documents or papers officiall" entrusted in the
offending public officer
Infi$elity in Custo$y of 9o#ument $istinguis%e$ from
1alversation an$ 7alsifi#ation
1. :alversation and Falsification # when postmaster received
mone" orders signed as pa"ee collected and
appropriated the respective amounts
2. 2nfidelit" in (ustod" of Papers # when postmaster receives
lettersEenvelopes containing mone" orders and :O are
not sent to addressees the postmaster cashing the same
for his own benefit
9o#ument # written instrument b" which something is proved
or made of record
P: and fine not
e!ceeding
P1*** # serious
damage
P( minimum and
medium and fine
not e!ceeding
P1*** #
damage not
serious
3. Public officer must be officiall" entrusted
with the documents or papers
0. The document must be (O:PB=T= and one
b" which a right could be established or an
obligation could be e!tinguished
3. <oo's periodicals pamphlets etc. are not
documents
/. Papers includes chec's promissor" notes
and paper mone"
4. Post office official who retained the mail
without forwarding to their destination is
guilt" under this article.
6. :one" bills received as e!hibits in court are
papers
7. The removal must be for an illicit purpose
1*. The removal is for an illicit purpose when
intention is to
a. tamper with it or
b. to profit b" it$ or
c. to commit an act constituting breach of
trust in official care thereof
11. 9eemed consummated upon removal from
or secreting awa" from usual place in the
office and after offender had gone out and
loc'ed the door
12. 2nfidelit" in custod" b" destro"ing or
concealing it does not re@uired proof of illicit
purpose
13. There must be damage great or small
++/
>ffi#er
Breaking Seal
2. That he is charged with the custod" of papers or propert"
3. That these papers or propert" are sealed b" proper
P( minimum and
medium T89
and fine not
1. 2t is the brea'ing of the seals not the
opening of a closed envelope which is
punished
authorit"
0. That he brea's the seals or permits them to be bro'en
e!ceeding
P2***
2. 9amage or intent to cause damage is ,OT
necessar"
++2
>pening of
Close$
9o#uments
1. That offender is a public officer
2. That an" closed papers documents or ob-ects are
entrusted to his custod"
3. That he opens or permits to be opened said closed papers
documents or ob-ects
0. That he does not have proper authorit"
+ :a"or T89
and fine not
e!ceeding
P2***
1. (ustod" # guarding$ 'eeping safe$ care
2. (losed documents must be entrusted to the
custod" of the accused b" reason of his
office
3. The act should not fall under +rticle 224
C<rea'ing of 8ealD
0. 9amage or intent to cause damage ,OT
element
++4
Revelation of
Se#rets by an
>ffi#er
Elements of 5o. 1'
2. That he 'nows a secret b" reason of his official capacit"
3. That he reveals such secret without authorit" or -ustifiable
reasons
0. That damage great or small be cause to the public
interest
Elements of 5o. +'
2. That he has charge of papers
3. That those papers should not be published
0. That he delivers those papers or copies thereof to a 3
rd

person
3. That the deliver" is wrongful
/. That damage be caused to public interest
Revelation 9istinguis%e$ from Infi$elity'
1. Papers contain 8ecrets # revelation
2. Papers do not contain 8ecrets A 2nfidelit"
P( medium and
ma!imum P89
and fine not
e!ceeding
P2*** # serious
damage
P( minimum
T89 and fine
not e!ceeding
P3** # not so
serious
1. +cts Punishable:
a. <" revealing an" secrets 'nown to the
offending public officer b" reason of his
official capacit"
b. <" delivering wrongfull" papers or copies
of his papers which he ma" have charge
and which should ,OT be published
2. 8ecrets must affect public interests
3. =spionage is not contemplated in this article
0. This article onl" punishes minor official
betra"als infidelities of little conse@uence
affecting usuall" the administration of
-ustice e!ecutive or official duties or the
general interest of the public order
3. Offender must have charge of papers or
copies of papers
/. 9amage is an element under +rticle 227
+:,
Publi# >ffi#er
Revealing
Se#rets of
Private
In$ivi$ual
2. That he 'nows of the secrets of a private individual b"
reason of his office
3. That he reveals such secrets without authorit" or
-ustifiable reason
+ :a"or and fine
not e!ceeding
P1***
1. )evelation to one person is sufficient for
public revelation is not re@uired.
2. 5hen the offender is an attorne" at law or a
solicitor +rticle 2*7 is applicable and not
23*
3. 9amage to private individuals not necessar"
+:1
>pen 9isobe-
$ien#e
1. That the offender is a -udicial or e!ecutive officer
2. That there is a -udgment decision or order of a superior
authorit"
3. That such -udgment decision or order was made within
the scope of the -urisdiction of the superior authorit" and
issued with all legal formalities
+ :a"or medium
to P( minimum
T89 ma!imum
and fine not
e!ceeding
P1***
The act constitution the crime is the open refusal
to e!ecute -udgment decision or order
0. That the offender without an" legal -ustification openl"
refuses to e!ecute the said -udgment decision or order
which he is dut" bound to obe"
+:+
9isobe$ien#e
to >r$er of
Superior
>ffi#er) &%en
Sai$ >r$er
was
Suspen$e$
by Inferior
>ffi#er
2. That an order is issued b" his superior for e!ecution
3. That he has for an" reason suspended the e!ecution of
such order
0. That his superior disapproves the suspension of the
e!ecution of the order
3. That the offender disobe"s his superior despite the
disapproval of the suspension
P( minimum and
medium and P89
1. )eason for Provision: superior officer ma"
sometimes err or orders ma" proceed from
a mista'en -udgment
2. The article does not appl" if the order of the
superior is illegal
+::
Refusal of
"ssistan#e
2. That a competent authorit" demands from the offender
that he land his cooperation towards the administration of
-ustice or other public service
3. That the offender fails to do so maliciousl"
+ :a"or medium
to P( minimum
P89 and fine not
e!ceeding
P1*** # serious
damage
+ :a"or medium
and ma!imum
fine not
e!ceeding P3**
# not so serious
damage
1. 9emand must be from a competent
authorit"
2. 9amage to public interest is essential great
or small
+:
Refusal to
9is#%arge
Ele#tive
>ffi#e
1. That the offender is elected b" popular election to public
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
+ :a"or or fine
not e!ceeding
P1*** or both
1. )efusal must be without legal motive
2. )eason for Provision: matter of dut" to
discharge duties of said office
3. +rticle 230 ,OT applicable to appointive
officer
+:.
1altreat-
ment of
Prisoners
1. That the offender is a public officer or emplo"ee
2. That he has under his charge a prisoner or detention
prisoner
3. That he maltreats such prisoner in either of the following
manners:
a. b" overdoing himself in the correction or handling of a
prisoner or detention prisoner under his charge either
#
i. b" the imposition of punishments not
authorized b" the regulations or
ii. b" inflicting such punishments Cthose
authorizedD in a cruel and humiliating manner
P( medium
period to P: in
minimum in
addition to
liabilit" for
ph"sical in-uries
or damages
caused under
paragraph 1
1. The public officer must have actual charge of
the prisoner to hold him liable fro
maltreatment of prisoner
2. Offended part" must be a convict or
detention prisoner
3. To be detention prisoner the person
arrested must be placed in -ail even for a
short while
0. The maltreatment must relate to the
correction or handling of the prisoner or
must be for the purpose of e!torting a
confession or of obtaining some information
from the prisoner
3. 2f ph"sical in-uries were due to a personal
grudge it would not fall under this article
/. Offender ma" also be liable for ph"sical
in-uries or damage caused
4. ,o comple! crime of maltreatment with
serious or less serious ph"sical in-uries
b. <" maltreating such prisoner to e!tort a confession or
to obtain some information from the prisoner
P: in minimum
T89 and fine not
e!ceeding
P/*** in
addition to
liabilit" for
ph"sical in-uries
or damage
caused
+:0
"nti#ipation
of 9uties of
Publi# >ffi#e
1. That the offender is entitled to hold a public office or
emplo"ment either b" election or appointment
2. That the B+5 re@uires that he should first be sworn in
andEor should first give a bond
3. ;e assumes performance of duties and powers of such
office
0. That he has not ta'en his oath andEor given bond re@uired
8uspended until
complied with
formalities and
fine from P2**A
P3**
+:/
Prolonging
Performan#e
of 9uties an$
Powers
1. That the offender is holding a public office
2. That the period provided b" law regulations or special
provisions for holding such office has alread" e!pired
3. That he continues to e!ercise the duties and powers of
such office
P( minimum
T89 minimum
and fine not
e!ceeding P3**
Public officer who has been suspended
separated declared overaged or dismissed
cannot continue to perform the duties of his
office
+:2
"ban$onmen
t of >ffi#e or
Position
2. That he formall" resigns from his position
3. That his resignation has not "et been accepted
0. That he abandons his office to the detriment of the public
service
;ualifying Cir#umstan#e'
- preventing prosecuting or punishing an" of the crimes
falling within Title One and (hapter One of Title 3 of
<oo' 2 C(rimes against ,ational 8ecurit" and Baw of
+ :a"or # to
detriment of
public service
P( minimum and
medium and +
:a"or # if to
evade dut" of
preventing
prosecuting or
1. There must be a written or formal
resignation
2. +bandonment 9istinguished from ,egligence
in Prosecution of Offenses C+rticle 2*6D:
a. +bandonment # committed b" an" public
officer$ +rticle 2*6 # committed b"
public officers who have the dut" to
institute prosecution for punishment of
violation of the law
b. +bandonment # public officer abandons
(vvverga Se#on$ Semester) "* +,,-+,,. Page of /.
,ations and (rimes against Public OrderD punishing office to evade discharge of duties$
+rticle 2*6 # public officer does not
abandon office
+:4
Bsurpation of
Legislative
Powers
1. That the offender is a e!ecutive or -udicial officer
2. That he ma'es general rules or regulations be"ond the
scope of his authorit" or attempts to repeal a law or
suspends the e!ecution thereof
P( minimum
T89 and fine
not e!ceeding
P1***
+,
Bsurpation of
E=e#utive
7un#tions
1. That the offender is a -udge
2. That he assumes a power pertaining to the e!ecutive
authorities or obstructs the e!ecutive authorities in the
lawful e!ercise of their powers
+ :a"or in
medium period
to P( in
minimum period
Begislative officers are not liable for usurpation
of powers # onl" +rticle 144 CHsurpation of
authorit" or official functionsD
+1
Bsurpation of
<u$i#ial
7un#tions
1. That the offender is an officer of the e!ecutive branch of
the government
2. That he assumes -udicial powers or obstructs the
e!ecution of an" order or decision rendered b" an" -udge
within his -urisdiction
+ :a"or medium
to P( minimum
+rticles 237A201 punish interference b" officers
of one of the 3 departments of government with
function of officers of another department
++
9isobeying
Re?uest for
9is?ualifi#ati
on
2. That a proceeding is pending before such public officer
3. That there is a @uestion brought before the proper
authorit" regarding his -urisdiction which is not "et
decided
0. That he has been lawfull" re@uired to refrain from
continuing the proceeding
+ :a"or and fine
not e!ceeding
P3**
+:
>r$ers or
Re?uests by
E=e#utive
>ffi#er to any
<u$i#ial
"ut%ority
1. That the offender is an e!ecutive officer
2. That he addressed an" order or suggestion to an" -udicial
authorit"
3. That the order or suggestion relates to an" case or
business coming within the e!clusive -urisdiction of the
courts of -ustice
+ :a"or and
fine note
e!ceeding P3**
1. Purpose of the provision is to maintain the
independence of the -udiciar"
2. Begislative or -udicial officers are not liable
under +rticle 203
+
Bnlawful
"ppointment
s
2. That he nominates or appoints a person to a public office
3. That such person lac's the legal @ualifications therefore
0. That the offender 'nows that his nominee or appointee
lac's the @ualifications at the time he made the
nomination or appointment
+ :a"or and a
fine not
e!ceeding
P1***
1. The offense is committed b" nominating or
b" appointing.
2. )ecommending is not a crime
3. There must be law that provides for the
@ualifications or a person to be nominated or
appointed to a public office
+.
"buses
"gainst
C%astity
2. That he solicits or ma'es immoral or indecent advances to
a woman
3. That such woman must be:
a. 2nterested in matters pending before the offender for
decision or with respect to which he is re@uired to
submit a report to or consult with a superior officer$ or
P( medium and
ma!imum and
T89
1. 8olicit # propose earnestl" and persistentl"
something unchaste and immoral to a
woman
2. The advances must be immoral or indecent
3. The crime is consummated b" mere proposal
0. Proof of solicitation is not necessar" when
there is se!ual intercourse
b. Hnder the custod" of the offender who is a warden or
other public officer directl" charged with the care and
custod" of prisoners or persons under arrest$ or
c. The wife daughter sister or relative within the same
degree b" affinit" of the person in the custod" of the
offender
+0
Parri#i$e
1. That a person is 'illed
2. That the deceased is 'illed b" the accused
3. That the deceased is the father mother or child whether
legitimate or illegitimate or a legitimate other ascendant
or other descendent or the legitimate spouse of the
accused
5ote:
1. Other ascendants or descendants must be legitimate
2. Father mother or child ma" be legitimate or illegitimate
)P to 9eath 1. )elationship of the offender with the victim
is the essential element of this crime
2. Parents and children are not included in the
term FascendantsG or FdescendantsG
3. The child should not be less than 3 da"s old
otherwise the crime is infanticide
0. 8pouse must be legitimate
3. )elationship must be alleged
/. There is crime of parricide thru rec'less
imprudence
4. There is also parricide b" mista'e
6. + stranger who cooperates in parricide will
not be guilt" of parricide b" onl" homicide or
murder
+/
9eat% or
P%ysi#al
InCuries
Infli#te$
Bn$er
E=#eptional
Cir#um-
stan#es
1. That a legall" married person or a parent surprises his
spouse or his daughter the latter under 16 "ears of age
and living with him in the act of committing se!ual
intercourse with another person
2. That he or she 'ills an" or both of them or inflicts upon
an" or both of them an" serious ph"sical in-ur" in the act
or immediatel" thereafter
3. That he has not promoted or facilitated the prostitution of
his wife or daughter or that he or she had not consented
to the infidelit" of the other spouse
Surprise # to come upon suddenl" and une!pectedl"
Cases w%en Parri#i$e is not punis%e$ wit% RP to 9eat%'
1. Parricide committed through negligence C+rticle 3/3D
2. 5hen it is committed b" mista'e C+rticle 207D
3. 5hen it is committed under e!ceptional circumstances
C+rticle 204D
K ,ote:
A Mustification for this article: burst of passion
K ,ote:
This article does
not define and
penalize a
penalt"
9estierro # if
accused 'illed or
inflicted serious
ph"sical in-uries
on spouse or
other person
=!empt from
punishment # if
inflicted ph"sical
in-uries of an"
'ind
9estierro is
intended to
protect spouse
from reprisals b"
1. )e@uired to be a legall" married person
2. The article does not seem to re@uire that the
parent be legitimate it re@uires onl" that
she is under 16 and that she is living with
her parents
3. The article does not seem to appl" to a
married daughter
0. 8urprising the spouse or daughter in +(T of
se!ual intercourse in indispensable
3. This article is not applicable when the
accused did not see his spouse in the act of
se!ual intercourse with another person
/. 2t is enough however that the circumstances
show reasonabl" that the carnal act is being
committed or has -ust been committed
4. There is conflict of opinion on whether
Fse!ual intercourseG includes preparator"
acts
6. The 'illing or inflicting of in-uries must be:
CaD in the act of se!ual intercourse or C2D
immediatel" thereafter
7. The discover" the escape the pursuit and
the 'illing must all form part of one
relatives of
deceased spouse
continuous act
1*. The 'illing must be the direct b"Aproduct of
the accused%s rage
11. The 'illing of the spouse b" accused must be
b" reason of having surprised her in the act
of se!ual intercourse with another person
12. +rticle 204 applies onl" when spouse
surprises other spouse in flagrant adulter"
13. ,o criminal liabilit" if ph"sical in-uries are
less serious or slight
10. +ccused cannot be held liable for in-uries
sustained b" 3
rd
persons as a result thereof
since he was ,OT committing a felon"
+2
1ur$er
1. That a person was 'illed
2. That the accused 'illed him
3. That the 'illing was attended b" an" of the @ualif"ing
circumstances mentioned in +rticle 206
0. The 'illing is not parricide or infanticide
1ur$er # unlawful 'illing of an" person which is ,OT parricide
or infanticide provided the following circumstances are
present:
1. 5ith treacher" ta'ing advantage of superior strength
with the aid of armed men or emplo"ing means to
wea'en the defense or of means or persons to insure or
afford impunit"
2. 2n consideration of a price reward or promise
3. <" means of inundation fire poison e!plosion shipwrec'
stranding of vessel derailment or assault upon a railroad
fall of an airship b" means of motor vehicles or with the
use of an" other means involving great waste and ruin
0. On occasion of an" of the calamities enumerated in the
preceding paragraph or of an earth@ua'e eruption of a
volcano destructive c"clone great waste and ruin
3. 5ith evident premeditation
/. 5ith cruelt" b" deliberatel" and inhumanl" augmenting
the suffering of the victim or outraging or scoffing at his
person or corpse
K,ote: read discussion in +rticle 13 on +ggravating
(ircumstances
)P to 9eath 1. The offender must have intent to 'ill to be
liable for murder committed b" means of
fire or other means enumerated in par. 3 of
+rticle 206
2. Iilling a person with treacher" is murder
even if there is no intent to 'ill
3. )ules for application of the circumstances
which @ualif" the 'illing to murder:
a. :urder will e!ist with onl" one of the
circumstances described in +rticle 206
b. 5hen the other circumstances are
absorbed or included in one @ualif"ing
circumstance the" cannot be considered
as generic aggravating
c. +n" of the @ualif"ing circumstances
enumerated in +rticle 206 must be
+BB=1=9 in the information
0. Treacher" and premeditation are inherent in
murder b" poison
3. 5hen the intention of accused was merel" to
se!uall" e!cite a woman and not to 'ill her
the crime is homicide
/. Outraging # commit an e!tremel" vicious or
deepl" insulting act
4. 8coffing # -eer and implies a showing of
irreverence
+4
6omi#i$e
1. That a person is 'illed
2. That the accused 'illed him without an" -ustif"ing
circumstances
)T 1. Penalt" for homicide will be one degree
higher when the victim is under 12 "ears of
age
(vvverga Se#on$ Semester) "* +,,-+,,. Page / of /.
3. That the accused had the intention to 'ill which is
presumed
0. That the 'illing was not attended b" an" of the @ualif"ing
circumstances of murder or b" that of parricide or
infanticide
6omi#i$e # unlawful 'illing of an" person which is neither
parricide murder nor infanticide
"##i$ental 6omi#i$e # death of a person brought about b" a
lawful act performed with proper care and s'ill and without
homicidal intent
Corpus Delicti # actual commission of the crime charged$
means that the crime was actuall" perpetrated and does not
refer to the bod" of the murdered person
2. 2ntent to 'ill is conclusivel" presumed when
death results
3. =vidence of intent to 'ill is important onl" in
attempted or frustrated homicide
0. 2ntent to 'ill must be proven be"ond
reasonable doubt
3. That the death of the deceased was due to
his refusal to be operated on is ,OT a
defense
/. The 'illing must not be -ustified
4. ,o offense of frustrated homicide thru
imprudence
6. 5here the wounds that caused death were
inflicted b" 2 different persons even if the"
were not in conspirac" each of them is
guilt" of homicide
7.
+.,
Penalty
7rustrate$ Parri#i$e) 1ur$er or 6omi#i$e A Penalt" lower
b" one degree than that which should be imposed under
provisions of +rticle 3*
"ttempte$ Parri#i$e) 1ur$er or 6omi#i$e # Penalt" lower
b" one under provisions of +rticle 31
1. This article is permissive not mandator"
2. (ourt ma" impose penalt" 2 degrees lower
for frustrated parricide murder or homicide
3. (ourt ma" impose penalt" 3 degrees lower
for attempted parricide murder or homicide
0. +n attempt against the life of the (hief
=!ecutive etc. is punishable b" death
+.1
9eat% Cause$
in
!umultuous
"ffray
1. That there be several persons
2. That the" did not compose groups organized for the
common purpose of assaulting and attac'ing each other
reciprocall"
3. That there several persons @uarreled and assaulted one
another in a confused and tumultuous manner
0. That someone was 'illed in the course of the affra"
3. That it cannot be ascertained who actuall" 'illed the
deceased
/. That the person or persons who inflicted serious ph"sical
in-uries or who used violence can be identified
!umultuous "ffray # the disturbance is caused b" more than
three persons who are armed or are provided with means of
violence
Persons Liable for 9eat% in !umultuous "ffray'
1. PersonCsD who inflicted the serious ph"sical in-uries
2. 2f it is not 'nown who inflicted the serious ph"sical in-uries
P: # in case of
death of victim
though it cannot
be ascertained
who 'illed him if
person who
inflicted serious
ph"sical in-uries
can be identified
P( in medium
and ma!imum #
all those who
used violence
upon victim
1. 5hen there are two identified groups of men
who assaulted each other then there is no
tumultuous affra"
2. The person 'illed in the course of the affra"
need not be one of the participants in the
affra"
3. 2f the one who inflicted the fatal wound is
'now the crime is ,OT homicide in
tumultuous affra" but ;O:2(29= under
+rticle 207 against the one who inflicted the
fatal wound
0. The serious ph"sical in-uries if inflicted b"
one of the participants should not be the
cause of the death of the deceased
on the deceased all the persons who used violence upon
the person of the victim are liable but with lesser liabilit"
+.+
P%ysi#al
InCuries
Cause$ in
!umultuous
"ffray
1. That there is a tumultuous affra" as referred to in the
preceding article
2. That a participantCsD thereof suffer serious ph"sical
in-uries or ph"sical in-uries of a less serious nature onl"
3. That the person responsible therefore cannot be identified
0. That all those who appear to have used violence upon the
person of the offended part" are 'nown
1
st
paragraph #
Penalt" ne!t
lower in degree
than that
provided for the
ph"sical in-uries
so inflicted
2
nd
Paragraph #
+ :a"or from 3
to 13 da"s
1. ?ictim must be one or some of the
participants in the affra"
2. Onl" the one who used violence in liable
3. The 2
nd
paragraph seems to refer to less
serious ph"sical in-uries
0. 2t is believed that in providing the penalt" of
+rresto :a"or for ph"sical in-uries of a less
serious nature in a tumultuous affra" the
legislature intended to =O(BH9= slight
ph"sical in-uries
+.:
3iving
"ssistan#e to
Sui#i$e
"#ts Punis%able as 3iving "ssistan#e to Sui#i$e'
1. <" assisting another to commit suicide whether the
suicide is consummated or not
2. <" lending his assistance to another to commit suicide to
the e!tend of doing the 'illing himself
P: # an" person
who shall assist
another to
commit suicide
)T # lending
assistance to the
e!tent of doing
the 'illing
himself
+ :a"or medium
and ma!imum #
if suicide is not
consummated
1. This article does not distinguish and does not
ma'e an" reference to the relation of the
offender with the person committing suicide
2. + person who attempts to commit suicide is
not criminall" liable
3. + pregnant woman who tried to commit
suicide b" means of poison but instead of
d"ing the fetus in her womb was e!pelled is
,OT liable for abortion
0. +ssistance to suicide is different from merc"A
'illing
3. Eut%anasia # practice of painlessl" putting
to death a person suffering from some
incurable disease
/. =uthanasia is not lending assistance to
suicide. 2n euthanasia the person 'illed
does not want to die.
4. + doctor who resorts to merc" 'illing of his
patient ma" be liable for suicide
+.
9is#%arge of
7irearms
1. That the offender discharges a firearm against or at
another person
2. That the offender has no intention to 'ill that person
P( minimum and
medium # an"
person who shall
shoot at another
firearm unless
frustrated or
attempted
parricide murder
or homicide or
an" other crime
for which a
1. There must be no intention to 'ill
2. The purpose of offender is onl" to intimidate
or frighten the offended part"
3. 2f the firearm is ,OT discharged at a person
there is no crime of discharge of firearm
0. 9ischarge towards the house of victim is not
illegal discharge of victim
3. Firing a gun against the house of the
offended part" at random not 'nowing in
what part of the house the people inside
were is onl" crime of +larm
higher penalt" is
prescribed b"
articles of this
code
/. (omple! crime of illegal discharge of firearm
with serious or less serious ph"sical in-uries
# when in illegal discharge of firearm the
offended part" is hit and wounded
4. There is no comple! crime when onl" slight
ph"sical in-uries Clight felon"D are inflicted
6. + public officer who fires his revolver in the
air in order to capture some gamblers and to
prevent them from escaping is ,OT guilt" of
this crime
+..
Infanti#i$e
1. That a child was 'illed
2. That the deceased child was less than 3 da"s C42 hoursD of
age
3. That the accused 'illed the said child
Infanti#i$e # 'illing of an" child less than three da"s of age
whether the 'iller is the parent or grandparent an" other
relative of the child or a stranger
Penalt" provided
for parricide C+rt.
20/D and :urder
C+rt. 206D
P: medium and
ma!imum # if
committed b"
the mother of
child for
purposes of
concealing
dishonor
)T # if crime
committed for
same purpose b"
maternal
grandparents or
either of them
1. The penalt" is for parricide or murder but
the name of the crime is alwa"s infanticide
a. Father or mother or legitimate ascendant
who 'ills child of less than 3 da"s old to
suffer penalt" of parricide
b. Other persons who 'ills a child less than
3 da"s old to suffer the penalt" for
murder
2. (oncealing dishonor is not an element of
infanticide$ it merel" mitigates the liabilit" of
mother or maternal grandparents
3. )eason for mitigating circumstance:
obfuscation for fear of dishonor
0. 9elin@uent mother who claim concealing
dishonor must be of good reputation
3. ,o 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 'illed
/. + fetus about / months old cannot subsist b"
itself outside the maternal womb
+.0
Intentional
"bortion
&ays of Committing Intentional "bortion'
1. <" using an" violence upon the person of the pregnant
woman
2. <" acting but without using violence without the consent
of the woman Cb" administering drugs or beverages upon
such pregnant woman without her consentD
3. <" acting Cb" administering drugs or beveragesD with the
consent of the pregnant woman
Elements'
1. That there is a pregnant woman
)T # if he shall
use an" violence
upon the person
of the pregnant
woman
P: # if without
using violence
he shall act
without the
consent of the
woman
1. Persons Biable for 2ntentional +bortion
a. Person who intentionall" caused abortion
# under +rticle 23/
b. 5oman if she consented # under +rt.
236
c. 5oman if she did not consent # ,OT
liable
2. +bortion distinguished from 2nfanticide
a. 2nfanticide # if fetus can sustain an
independent life after its separation from
the maternal womb and is 'illed
b. +bortion # otherwise
(vvverga Se#on$ Semester) "* +,,-+,,. Page ., of /.
2. That violence is e!erted or drugs or beverages
administered or that the accused otherwise acts upon
such pregnant woman
3. That as a result of the use of violence or drugs or
beverages upon her or an" other act of the accused the
fetus dies either in the womb or after having been
e!pelled therefrom
0. That the abortion is intended
P( medium and
ma!imum # if
woman shall
have consented
+./
Bnintentional
"bortion
1. That there is a pregnant woman
2. That violence is used upon such pregnant woman without
intending an abortion
3. That the violence is intentionall" e!erted
0. That as a result of the violence the fetus dies either in
the womb or after having been e!pelled therefrom
K ,ote:
A ?iolence is actual ph"sical force
P( minimum and
medium
1. This crime is committed onl" b" violence
2. The violence must be intentionall" e!erted
3. There is unintentional abortion thru
imprudence
0. There are conflicting decisions on whether
the accused is liable for abortion even if he
did not 'now that the woman was pregnant
3. There is a comple! crime of homicide with
unintentional abortion
/. There is comple! crime of parricide with
abortion
4. +rticle 234 does not appl" when there is no
intent to cause abortion and there is no
violence
+.2
"bortion
Pra#ti#e$ by
t%e &oman
6erself or by
%er Parents
1. That there is a pregnant woman who has suffered an
abortion
3. That the abortion is caused b":
a. the pregnant woman herself
b. an" other person with her consent
c. an" of her parents with her consent for the purpose
of concealing her dishonor
Cases Covere$ by "rti#le +.2'
1. +bortion committed b" woman upon herself or b" an"
other person with her consent
2. +bortion b" the woman upon herself to conceal her
dishonor
3. +bortion b" an" of the parents of the woman with the
latter%s consent to conceal her dishonor
P( medium and
ma!imum #
woman who
practices
abortion on
herself$ parents
of woman or
either of them to
conceal dishonor
P( minimum and
medium # an"
woman who does
it to conceal
dishonor
1. 5oman is liable:
a. when she shall practice an abortion upon
herself
b. when she shall consent that an" other
person should do so
2. Biabilit" of pregnant woman is mitigated if
purpose is to conceal dishonor
3. ,o mitigation for parents of pregnant woman
even if the purpose is to conceal dishonor
unli'e in infanticide
+.4
"bortion
Pra#ti#e$ by
a P%ysi#ian
or 1i$wife
Elements for P%ysi#ian or 1i$wife
1. That there is a pregnant woman who has suffered an
abortion
3. That the offender who must be a ph"sician or midwife
Penalties
provided for in
+rticle 23/ in
ma!imum period
# who ta'es
1. Penalt" for intentional abortion is imposed in
ma!imum period on ph"sician or midwife
2. )eason for :a!imum penalt": used
'nowledge for destruction of human life
where it should onl" be used for
(vvverga Se#on$ Semester) "* +,,-+,,. Page .1 of /.
an$
9ispensing of
"bortives
causes or assists in causing the abortion
0. That said ph"sician or midwife ta'es advantage of his or
her scientific 'nowledge or s'ill
Elements for P%arma#ists'
1. That the offender is a pharmacist
2. That there is no proper prescription from a ph"sician
3. That the offender dispenses an" abortive
advantage of
scientific
'nowledge or
s'ill
+ :a"or and a
fine not
e!ceeding
P1*** #
pharmacist
preservation
3. 2t is not necessar" that the pharmacist
'nows that the abortive would be used to
cause an abortion
0. 5hat is punished is the act of dispensing
abortive$ it%s not necessar" that the abortive
be actuall" used
+0,
9uel
"#ts Punis%able in 9uel'
1. <" 'illing one%s adversar" in duel
2. <" inflicting upon such adversar" ph"sical in-uries
3. <" ma'ing a combat although no ph"sical in-uries have
been inflicted
9uel # formal or regular combat previousl" concerted
between two parties in the presence of two or more seconds
of lawful age on each side who ma'es the selection of arms
and fi! all other conditions of the fight
Persons Liable in 9uel'
1. The person who 'illed or inflicted ph"sical in-uries upon his
adversar" or both combatants in an" other case as
principles
2. The seconds as accomplices
)T # if he should
'ill his adversar"
Penalt" provided
therefore
according to
their nature # in
case of ph"sical
in-uries
+ :a"or #
combatants
although no
ph"sical in-uries
have been
inflicted
1. 2f death results the penalt" is the same as
that for homicide
2. 1eneral principle: when there is intent to
'ill the inflicting of ph"sical in-uries is either
attempted or frustrated homicide
3. The code disregards the intent to 'ill in
considering the penalt" for duel when onl"
ph"sical in-uries are inflicted upon the
adversar"
+01
C%allenging
to 9uel
"#ts Punis%e$ un$er t%is "rti#le'
1. <" challenging another to a duel
2. <" inciting another to give or accept a challenge to a duel
3. <" scoffing at or decr"ing another publicl" for having
refused to accept a challenge to fight a duel
P( minimum Persons Responsible Bn$er t%is "rti#le'
1. (hallenger
2. 2nstigator
+0+
1utilation
1. <" intentionall" mutilating another b" depriving him
either totall" or partiall" of some essential organ for
reproduction
a. That there be castration Cmutilation of organs
necessar" for generation such as a penis or ovariumD
b. That the mutilation is caused purposel" or
deliberatel" that is to deprive the offended part" of
some essential organ for reproduction
2. <" intentionall" ma'ing other mutilation that is b"
lopping or clipping off an" part of the bod" of the offended
part" other than the essential organ for reproduction to
deprive him of that part of his bod".
)T to )P #
essential organ
for reproduction
P: medium and
ma!imum #
other mutilation
1. :utilation of the first 'ind is castration which
must be made purposel".
2. The penalt" shall be one degree higher than
that imposed b" law when the victim is
under 12 "ears of age.
3. The offender must have the intention to
deprive the offended part" of a part of his
bod".
0. :utilation # lopping or clipping off of some
part of the bod"
3. :a"hem # other intentional mutilation
(vvverga Se#on$ Semester) "* +,,-+,,. Page .+ of /.
+0:
Serious
P%ysi#al
InCuries
Serious P%ysi#al InCuries'
1. 5hen the in-ured person becomes insane imbecile
impotent or blind in conse@uence of the ph"sical in-uries
inflicted.
2. 5hen the in-ured person CaD loses the use of speech or the
power to hear or to smell or loses an e"e a hand a foot
an arm or a leg or CbD loses the use of an" such member
or CcD becomes incapacitated for the wor' in which we
were theretofore habituall" engaged in conse@uence of
the ph"sical in-uries inflicted.
3. 5hen the person in-ured CaD becomes deformed or CbD
loses an" other member of his bod" or CcD loses the use
thereof or CdD becomes ill or incapacitated for the
performance of the wor' in which he was habituall"
engaged for more than 7* da"s in conse@uence of the
ph"sical in-uries inflicted.
0. 5hen the in-ured person becomes ill or incapacitated for
labor for more than 3* da"s Cbut must not be more than
7* da"sD as a result of the ph"sical in-uries inflicted.
(lasses of 8erious ph"sical in-uries: CaD conse@uences of the
in-uries inflicted CbD nature and character of the wound
inflicted and CcD the proper penalt"
P%ysi#al InCuries 9istinguis%e$ from "ttempte$ or
7rustrate$ 6omi#i$e'
a. 2n both the offender inflicts ph"sical in-uries however
homicide ma" be committed even if no ph"sical
in-uries are inflicted
b. There is no intent to 'ill in ph"sical in-uries
>r$inary P%ysi#al InCuries 9istinguis%e$ from
1utilation'
1. :utilation # must have been caused purposel" and
deliberatel"
2. Ph"sical 2n-uries # this intention is not present
P: # under no. 1
P( medium and
ma!imum #
under no. 2
P( minimum and
medium # under
no. 3
+ :a"or
ma!imum to P(
minimum #
under no. 0
1. (ommitted b" wounding beating assaulting
or administering in-urious substance
2. :a" be committed b" rec'less imprudence
or b" simple imprudence or negligence.
3. There must not be intent to 'ill
0. <lindness C:ust be (ompleteD and Boss of an
="e
a. Paragraph 1 # must be both e"es
b. Paragraph 2 # one e"e onl"
3. Boss of Power to ;ear
a. Paragraph 2 # both ears
b. Paragraph 3 # one ear onl"
/. Boss of hand or incapacit" of usual wor'
must be permanent
4. Paragraph 2 refers to principal members of
the bod" while Paragraph 3 covers an"
other member which is not principal member
of bod"
6. 9eformit" re@uires CaD ph"sical ugliness CbD
permanent and definite abnormalit" and CcD
conspicuous and visible.
7. 9eformit" b" loss of teeth refers to in-ur"
which cannot be repaired b" action of nature
1*. There is illness for a certain period of time
when the wound inflicted did not heal within
that period
11. :edical attendance is not important in
serious ph"sical in-uries
12. 2n Par 2 and 3 offended part" must have an
avocation or wor' at the time of the in-ur"
13. Par 0 spea's of incapacit" for an" 'ind of
labor
10. 5here the categor" of the offense of serious
ph"sical in-uries depends on the period of
illness or incapacit" for labor there must be
evidence of the length of that period$
otherwise the offense is onl" slight ph"sical
in-uries
13. Bessening of efficienc" is not incapacit"
1/. 8erious ph"sical in-uries b" e!cessive
chastisement b" parents is not @ualified.
(vvverga Se#on$ Semester) "* +,,-+,,. Page .: of /.
+0
"$minis-
tering
InCurious
Substan#es
or Beverages
1. That the offender inflicted upon another an" serious
ph"sical in-ur"
2. That it was done b" 'nowingl" administering to him an"
in-urious substance or beverages or b" ta'ing advantage
of his wea'ness of mine or credulit"
3. That he had no intent to 'ill
Penalties
established b"
the ne!t
preceding article
1. Inowingl" administering is an essential
element
2. +dministering in-urious substance means
introducing into the bod" the substance
3. This article does not appl" when the ph"sical
in-uries that result are less serious or slight
0. Ta'ing advantage of wea'ness or credulit"
ma" ta'e place in case of witchcraft
philters magnetism etc.
+0.
Less Serious
P%ysi#al
InCuries
;ualifie$ Less Serious P%ysi#al InCuries
1. Paragraph 2:
a. there is manifest intent to insult or offend the in-ured
person
b. there are circumstances adding ignomin" to the
offense
2. Paragraph 3:
a. the offender%s parents ascendants guardians
curators or teachers
b. persons of ran' or persons in authorit" provided the
crime is not direct assault
Fine not
e!ceeding P3**
in addition to +
:a"or # 2
nd

paragraph
P( in minimum
and medium #
paragraph 3
1. :atters to ,ote:
a. That the offended part" is incapacitated
for labor for 1* da"s or more Cbut not
more than 3*D or needs medial
attendance for same period of time
b. That the ph"sical in-uries must not be
those described in the preceding articles
2. :edical attendance or incapacit" is re@uired
3. 2t is onl" slight ph"sical in-ur" when there is
no medical attendance or incapacit" for labor
0. +ctual medical attendance is re@uired
+00
Slig%t
P%ysi#al
InCuries an$
1altreat-
ment
Fin$s of Slig%t P%ysi#al InCuries'
1. Ph"sical in-uries which incapacitated the offended part" for
labor from 1 to 7 da"s or re@uired medical attendance
during the same period
2. Ph"sical in-uries which did not prevent the offended part"
from engaging in his habitual wor' or which did not
re@uire medical attendance
3. 2llAtreatment of another b" deed without causing an"
in-ur"
+ :enor # par 1
+ :enor or fine
not e!ceeding
P2** # par 2
+ :enor
minimum or fine
not e!ceeding
P3* A par 3
1. 5hen there is no evidence of actual in-ur" it
is onl" slight ph"sical in-uries
2. =!ample of paragraph 3 is slapping the face
of offended part"
+00-"
Rape
+00-B
Penalties
Paragrap% 1'
1. Offender is a man
2. Offender had carnal 'nowledge of a woman
3. 8uch act is accomplished under an" of the ff circumstance:
a. b" using force or intimidation$ or
b. when the woman is deprived of reason or otherwise
unconscious$ or
c. b" means of fraudulent machination or grave abuse of
authorit"$ or
d. when the woman is under 12 "ears of age or
demented
)ape committed
under an" of the
0 (ircumstances:
a. Par. 1 # )P
b. Par. 2 # P:
)ape committed
with use of
deadl" weapon
or b" 2 or more
persons:
a. Par. 1 # )P
1. Offender ma" now be a male or female.
2. 2n rape under par. 1 there must be se!ual
intercourse
3. Penetration even partial is necessar"
0. Onl" one of the four circumstances is
necessar"
3. Force need not be irresistible but it should
be present and brings the desired results
/. Force emplo"ed need not be of such
character as could be resisted
4. 2ntimidation includes the moral 'ind such as
the fear caused b" threatening
Paragrap% +'
1. Offender commits an act of se!ual assault
2. That the act of se!ual assault is committed b" an" of the
following means:
a. b" inserting his penis into another person%s mouth or
anal orifice$ or
b. b" inserting an" instrument or ob-ect into the genital
or anal orifice of another person
3. That the se!ual act is accomplished under the
circumstances mentioned in paragraph 1
1. 5hen b" reason or on occasion of the rape a homicide is
committed
2. 5hen victim is under 16 and offender is parent
ascendant stepparent guardian relative b" consanguinit"
or affinit" within 3
rd
civil degree or commonAlaw spouse of
the parent of victim
3. 5hen the victim is under the custod" of the police or
militar" authorities or an" law enforcement or penal
institution
0. 5hen the rape is committed in full view of the husband
parent an" of the children or other relatives within the 3
rd

civil degree of consanguinit"
3. 5hen the victim is a religious engaged in legitimate
religious vocation or calling and is personall" 'nown to be
such b" the offender before or at the time of the
commission of the crime
/. 5hen the victim is a child below 4 "ears of age.
4. 5hen the offender 'nows that he is afflicted with
;2?E+298 or an" other se!uall" transmissible disease and
the virus or disease is transmitted to the victim.
6. 5hen committed b" an" member of +FP or paramilitar"
units thereof or the P,P or an" law enforcement agenc" or
penal institution when the offender too' advantage of his
position to facilitate the commission of the crime
7. 5hen b" reason or on the occasion of the rape the victim
has suffered permanent ph"sical mutilation or disabilit"
1*. 5hen the offender 'new of the pregnanc" of the offended
part" at the time of the commission of the crime
11. 5hen the offender 'new of the mental disabilit"
emotional disorder andEor ph"sical handicap of the
offended part" at the time of the commission of the crime
to death
b. Par. 2 # P:
to )T
)ape where
victim becomes
insane:
a. Par. 1 # )P
to death
b. Par. 2 # )T
+ttempted )ape
and ;omicide:
a. Par. 1 # )P
to death
b. Par. 2 # )T
to )P
)ape with
;omicide:
a. Par. 1 #
death
b. Par. 2 # )P
)ape with
+ggravating
(ircumstances:
a. Par. 1 #
death
b. Par. 2 A )T
6. 5hen the offender has ascendanc" or
influence over victim it is not necessar" that
she put up a determined resistance
7. )ape ma" be proved b" the uncorroborated
testimon" of the offended
1*. 9eprivation of reason contemplated b" law
need not be complete
11. 8tages of )ape:
a. (onsummated # enough that there was
penetration even partialEslight
b. Frustrated # none
c. +ttempted # intent on the part of
accused to have carnal 'nowledge of
woman
12. )esignation to consummated act is ,OT
consent
13. (haracter of offended woman immaterial in
rape
10. There is a crime of multiple rape b" 2 or
more offenders
13. )ape is punished b" death when an" of the
@ualif"ing circumstances are present
1/. )ape with homicide is a special comple!
crime
14. 5hen homicide is committed ,OT b" reason
or on the occasion of the rape such as while
the woman was d"ing the accused had
carnal intercourse with her it ma" be
considered as ignomin".
16. 2ndemnit" in )ape # P3****
17. 2ndemnit" in >ualified )ape # P43***
2*. 2ndemnit" in )ape with ;omicide # P3****
and P3**** respectivel" CP1*****D
21. 9amages in )ape
a. :oral 9amages # P3**** without need
of proof
b. =!emplar" 9amages # if one or more
aggravating circumstances was
committed
(vvverga Se#on$ Semester) "* +,,-+,,. Page .. of /.
+00-C
Effe#t of
Par$on
1. 8ubse@uent valid marriage between the offender and the
offended part" shall e!tinguish the criminal action or the
penalt" imposed.
2. 2n case it is the legal husband who is the offender the
subse@uent forgiveness b" the wife as the offended part"
shall e!tinguish the criminal action or the penalt"
1. =ffect of marriage # e!tinguishes not onl"
the penal action but li'ewise the penalt"
that ma" be imposed
2. :arriage e!tinguishes the penal action and
the penalt" onl" as to the principal and not
to the accomplices and accessories
3. The crime shall not be e!tinguished or the
penalt" shall not be abated if the marriage is
void ab initio
+00-9
Presumptions
1. +n" ph"sical overt act manifesting resistance against the
act of rape in an" degree from the offended part"$ or
2. 5here the offended part" is so situated as to render
himEher incapable of giving consent
+0/
Fi$napping
an$ Serious
Illegal
9etention
1. That the offender is a private individual
2. That he 'idnaps or detains another or in an" other
manner deprives the latter of his libert"
3. That the act of detention or 'idnapping must be illegal
0. That in the commission of the offense an" of the following
circumstances are present:
a. The 'idnapping or detention lasts for more than 3
da"s or$
b. 2t is committed simulating public authorit" or$
c. +n" serious ph"sical in-uries are inflicted upon the
person 'idnapped or detained or threats to 'ill him are
made$ or
d. The person 'idnapped or detained is a minor Ce!cept
when the accused is an" of the parentsD female or a
public officer.
Spe#ial Comple= Crime of Fi$napping wit% 1ur$er #
effectivel" eliminated the distinction drawn b" courts between
those cases where the 'illing was purposel" sought b" the
accused and those where the 'illing of the victim was not
deliberatel" resorted to but was merel" an afterthought
Illegal 9etention 9istinguis%e$ from "rbitrary
9etentionG
1. 2llegal 9etention is committed b" a private individual who
unlawfull" 'idnaps detains or otherwise deprives a person
of libert"$ +rbitrar" 9etention is committed b" public
officer or emplo"ee who detains a person without legal
ground
2. 2llegal 9etention is a crime against personal libert" and
)P to 9eath #
an" of the 0
circumstances
9eath # purpose
of e!torting
ransom
:a!imum
penalt" # if
victim is 'illed or
dies or raped or
sub-ect to
torture or
dehumanizing
acts
1. 2f the offender is a public officer the crime is
arbitrar" detention
2. 5hen a victim is a minor and the accused is
one of the parents # + ma"or or a fine not
e!ceeding P3** or both
3. 2ntention to deprive victim of his libert" for
purpose of e!torting ransom is essential in
crime
0. +ctual demand for ransom is not necessar"
3. The accused is not liable when there is lac'
of motive to resort to 'idnapping
/. 9etention or loc'ing up of victim is essential
but it is not necessar" that it is an inclosure
and restraint need not be permanent
4. 9etention must be illegal i.e. when not
ordered b" competent authorit" or not
permitted b" law
6. 9eprivation of one%s libert" is essential
element
7. )estraint b" robbers is not illegal detention
1*. The purpose is immaterial when an" of the 0
circumstances in the first paragraph is
present
11. 5here a person is ta'en from one place to
another solel" for the purpose of 'illing him
12. )ansom # mone" price or consideration paid
or demanded for redemption of a captured
persons a pa"ment that releases from
captivit"
13. (onspirac" to e!tort ransom ma'es all
securit"$ +rbitrar" 9etention is a crime against the
fundamental law of the 8tate
conspirators liable under the 2
nd
paragraph
including those who did not ta'e an" part of
the mone"
+02
Slig%t Illegal
9etention
1. That the offender is a private individual
2. That he 'idnaps or detains another or in an" other
manner deprives him of his libert"
3. That the act of 'idnapping or detention is illegal
0. That the crime is committed without the attendance of an"
of the circumstances enumerated in +rticle 2/4
)T # offender
and person who
furnished place
for perpetration
of crime
P: minimum and
medium and a
fine not
e!ceeding P4**
# voluntar"
release
1. Participation of accomplice in furnishing
place is raised to that of a real coA principal
2. Privileged mitigating circumstance in slight
illegal detention:
a. ?oluntaril" releases person so 'idnapped
or detained within 3 da"s from
commencement of detention
b. 5ithout having attained purpose
intended
c. <efore the institution of criminal
proceedings against him
+04
Bnlawful
"rrest
1. That the offender arrests or detains another person
2. That the purpose of the offender is to deliver him to the
proper authorities
3. That the arrest or detention is not authorized b" law or
there is no reasonable ground therefore
Bnlawful arrest $istinguis%e$ from ot%er illegal
$etention' if the purpose of loc'ing up or detaining is to
deliver to authorities the crime is unlawful arrest$ otherwise
it is other illegal detention
+ :a"or and a
fine note
e!ceeding P3**
1. The offender is an" person whether a public
officer or a private individual
2. There is no unlawful arrest when the arrest
is authorized b" a warrant issued b" the
court
3. 9istinguished from +rticle 123:
a. +rticle 12/ # detention is for legal
grounds$ in unlawful arrest # detention
is illegal
b. +rticle 123 # crime is failing to deliver
person$ in unlawful arrest # crime is
ma'ing unauthorized arrest
0. :otive of offender is controlling
3. ,o period of detention is fi!ed
+/,
Fi$napping
an$ 7ailure to
Return a
1inor
1. That the offender is entrusted with the custod" of a minor
person Cbelow 21 "ears of ageD
2. That he deliberatel" fails to restore the said minor to his
parents or guardians

9istinguis%ing "rti#le +0/ an$ "rti#le +/,'
1. 2n +rticle 2/4 # the offender is not entrusted with custod"
2. 2n +rticle 24* # the offender is entrusted with custod" of
minor
)P
+ :a"or or a fine
not e!ceeding
P3** or both #
when the crime
is committed b"
father or mother
1. This covers all minors whether under or
over 4 "ears of age
2. 5hat is punished is the deliberate failure of
the custodian of the minor to restore the
latter to his parents or guardians
3. Iidnapping and failure to return a minor is
necessaril" included in Iidnapping and
8erious 2llegal 9etention
+/1
In$u#ing a
1inor to
"ban$on 6is
6ome
1. That a minor is living in the home of his parents or
guardian or person entrusted with his custod"
2. That the offender induces said minor to leave such home
P( and a fine not
e!ceeding P4**
# offender is an"
person
+ :a"or or a fine
not e!ceeding
1. The inducement must be actual committed
with criminal intent and determined b" a
will to cause damage
2. The minor should not leave his home on his
own free will
(vvverga Se#on$ Semester) "* +,,-+,,. Page ./ of /.
P3** or both #
offender is
parent
+/+
Slavery
1. That the offender purchases sells 'idnaps or detains a
human being.
2. That the purpose of the offender is to enslave such human
being
8laver" and Iidnapping or 2llegal 9etention 9istinguished:
a. 8laver" # purpose is to enslave victim
b. Iidnapping or 2llegal 9etention # an" other purpose
P: and a fine not
e!ceeding
P1****
:a!imum Period
# if purpose is to
assign to
immoral traffic
1. 2f the purpose of the offender is to assign
the offended part" to some immoral traffic
CprostitutionD the penalt" is higher.
2. The emplo"ment or custod" of a minor with
the consent of the parent or guardian
although against the child%s will cannot be
considered to be involuntar" servitude
+/:
E=ploitation
of C%il$ Labor
1. That the offender retains a minor in his service
2. That it is against the will of the minor
3. That it is under the prete!t of reimbursing himself of a
debt incurred b" an ascendant guardian or person
entrusted with the custod" of such minor
P( minimum and
medium and a
fine not
e!ceeding P3**
1. The service of the minor must be against his
will
2. The e!istence of indebtedness constitutes no
legal -ustification for holding a person and
depriving him of his freedom to live where
he wills
+/
Servi#es
Ren$ere$
Bn$er
Compulsion
in Payment
1. That the offender compels a debtor to wor' for him either
as household servant or farm laborer
2. That it is against the debtor%s will
3. That the purpose is to re@uire or enforce the pa"ment of a
debt
+ :a"or
ma!imum to P(
minimum
1. The article specificall" provides that the
debtor is compelled to wor' as household
servant or farm laborer and not an" other
wor'
2. This article li'e +rticle 243 punishes a form
of slaver" but +rticle 240 does not
distinguish whether the victim is a minor or
not
3. Hnder this article it is the debtor who is
compelled to wor' for the offender while in
+rticle 243 it is the minor
+/.
"ban$onmen
t of Persons
in 9anger
an$
"ban$onmen
t of >ne8s
>wn Vi#tim
"#ts Punis%able'
1. Failing to render assistance to an" person whom offender
finds in an uninhabited place wounded or in danger of
d"ing when he can render such assistance without
detriment to himself unless such omission shall constitute
a more serious offense
a. The place is uninhabited
b. The accused found there a person wounded or in
danger of d"ing
c. The accused can render assistance without detriment
to himself
d. The accused fails to render assistance
2. Failing to help or render assistance to another whom the
offender has accidentall" wounded or in-ured
3. Failing to deliver a child under 4 "ears of age whom the
+ :a"or 1. Paragraph 2 of this article applies onl" when
someone is accidentall" in-ured b" the
accused
2. 2t is immaterial that the offender did not
'now that the child is under 4 "ears old
3. Paragraph 3 applies to one who found a lost
child
0. The child under 4 "ears of age must be
found b" the accused in an unsafe place

offender has found abandoned to the authorities or to his
famil" or b" failing to ta'e him to a safe place
+/0
"ban$o-ning
a 1inor
1. That the offender has the custod" of a child
2. That the child is under 4 "ears of age
3. That he abandons such child
0. That he has not intent to 'ill the child when the latter is
abandoned
1. 5hen death of the minor resulted from such
abandonment or
2. if the life of the minor was in danger because of the
abandonment
+ :a"or and a
fine not
e!ceeding P3**
P( medium and
ma!imum #
results in death
of minor
P( minimum and
medium #
endanger life of
minor
1. 5hen there is intent to 'ill this article does
not appl"
2. 2ntent to 'ill cannot be presumed from the
death of a child
a. (rimes against Persons # intent to 'ill is
presumed
b. (rimes against 8ecurit" # intent to 'ill is
not presumed
3. + permanent conscious and deliberate
abandonment is re@uired b" this article
0. Parents guilt" of abandoning their children
shall be deprived of parental authorit"
+//
"ban$on-
ment of
1inor by
Person
Entruste$
wit% 6is
Custo$yG
In$ifferen#e
of Parents
"#ts Punis%e$'
1. <" delivering a minor to a public institution or other
persons without the consent of the one who entrusted
such minor to the care of the offender or in the absence
of that one without the consent of the proper authorities
a. The offender has charge of the rearingEeducation of a
minor
b. ;e delivers minor to a public institution or other
persons
c. The one who entrusted such child to the offender has
not consented to such act$ or if the one who entrusted
such child to the offender is absent the proper
authorities have not consented to it
2. <" neglecting his Coffender%sD children b" not giving them
the education which their station in life re@uires and
financial condition permits
a. That the offender is a parent
b. That he neglects his children b" not giving them
education
c. That his station in life re@uires such education and his
financial condition permits it
+ :a"or and a
fine not
e!ceeding P3**
1. )ear # bring to maturit" b" educating
nourishing
2. Onl" the person charged with Fthe rearing or
educationG of the minor is liable
3. +rticle 24/ 9istinguished from +rticle 244
a. +rticle 24/ # the custod" of the offender
is general$ +rticle 244 # the custod" of
the offender is specific Ccustod" for the
rearing or education of minorD
b. +rticle 24/ # minor is under 4$ +rticle
244 # minor is under 21 Q16&
c. +rticle 24/ # minor is abandoned in such
a wa" as to deprive him of the care and
protection that his tender "ears need$
+rticle 244 # minor is delivered to a
public institution or other person
0. Failure to give education must be due to
deliberate desire to evade such obligation
+/2
E=ploitation
of 1inors
"#ts Punis%e$'
1. <" causing an" bo" or girl under 1/ to perform an"
dangerous feat of balancing ph"sical strength or
contortion the offender being an" person
2. <" emplo"ing children under 1/ who are not the children
or descendants of the offender in e!hibitions of acrobat
g"mnast rope wal'er diver or wildAanimal tamer the
offender being an acrobat etc. or circus manager or
P( in minimum
and medium and
a fine not
e!ceeding P3**
:a!imum period
# if deliver" shall
have been made
1. =!ploitation of minors distinguished from
2nducing a minor to abandon his home
a. =!ploitation of minors # if the purpose is
to follow an" of the mentioned callings$
2nducing :inor # if there is no such
purpose
b. =!ploitation # victim must be under 1/$
2nducing minor # minor under 21 Q16&
person engaged in a similar calling
3. <" emplo"ing an" descendant under 12 in dangerous
e!hibitions enumerated in the ne!t preceding paragraph
the offender being engaged in an" of the said callings
0. <" delivering a child under 1/ gratuitousl" to an" person
following an" of the calling enumerated in paragraph 2 or
to an" habitual vagrant or beggar the offender being an
ascendant guardian teacher or person entrusted in an"
capacit" with the care of such child
3. <" inducing an" child under 1/ to abandon the home of its
ascendants guardians curators or teachers to follow an"
person engaged in an" of the callings mentioned in
paragraph 2 or to accompan" an" habitual vagrant or
beggar the offender being an" person
in consideration
of an" price
compensation or
promise
2. Offender shall be deprived of parental
authorit" or guardianship
3. =!ploitation of minors must refer to act
endangering the life or safet" of the minor
0. >ualif"ing (ircumstance # if deliver" is made
in consideration of an" price compensation
or promise
+/4
"$$itional
Penalties
The imposition of the penalties prescribed in the preceding
articles shall not prevent the imposition upon the same
person of the penalt" provided for an" other felonies defined
and punished b" this (ode.
+2,
;ualifie$
!respass to
9welling
1. That the offender is a private person
2. That he enters the dwelling of another
3. That such entrance is against the latter%s will
=!ceptions:
1. 2f the entrance to another%s dwelling is made for the
purpose of preventing some serious harm to himself the
occupants of the dwelling or a 3
rd
person
2. 2f the purpose is to render some service to humanit" or
-ustice
3. 2f the place where entrance is made is a cafR tavern inn
and other public houses while the same are still open
>ualif"ing (ircumstance # if the offense is committed b"
means of violence or intimidation
9welling Place # an" building or structure e!clusivel" devoted
for rest and comfort
+ :a"or and fine
note e!ceeding
P1***
P( medium and
ma!imum and
fine not
e!ceeding
P1*** #
committed b"
means of
violence
3. 2f the offender is a public officer the crime
would be violation of domicile
/. Bac' of permission does not amount to
prohibition there must be opposition on the
part of the owner of the house to the entr"
of the accused
4. Prohibition ma" be implied in certain
instances Ce.g. considering time door was
closed etc.D
6. Prohibition must be in e!istence prior to or
at the time of the entrance
7. 5hat is intended to be protected and
preserved is the privac" of one%s dwelling
1*. ?iolence does not refer to persons onl"
11. ?iolence or intimidation ma" ta'e place
immediatel" after the entrance
12. Trespass ma" be committed b" owner of
dwelling
13. 2f there is no overt act to commit another
crime the crime is onl" trespass to dwelling
+21
>t%er 7orms
of !respass
1. That the offender enters the closed premises or the fenced
estate of another
2. That the entrance is made while either of them is
uninhabited
3. That the prohibition to enter be manifest
+ :enor or a fine
not e!ceeding
P2** or both
1. Premises # distinct and definite localit"
2. +rt 261 9istinguished from Trespass to
9welling:
a. Trespass # offender is private person$
Other Trespass # an" person
(vvverga Se#on$ Semester) "* +,,-+,,. Page 0, of /.
0. That the trespasser has not secured the permission of the
owner or the careta'er thereof
b. Trespass # offender enters a dwelling
house$ Other Trespass # enters closed
premises or fenced in estate
c. Trespass # inhabited$ Other Trespass #
uninhabited
d. Trespass # against the will of the owner$
Other Trespass # without securing
permission of owner or careta'er
e. Trespass # prohibition is
e!pressEimplied$ Other Trespass #
prohibition to enter is manifest
+2+
3rave
!%reats
"#ts Punis%e$'
1. <" threatening another with the infliction upon his person
honor or propert" or that of his famil" of an" wrong
amounting to a crime and demanding mone" or imposing
an" other condition even thought not unlawful and the
offender attained his purpose
a. That the offender threatens another person with the
infliction upon the latter%s person honor or propert"
or upon that of the latter%s famil" of an" wrong
b. That such wrong amounts to a crime
c. That there is a demand for mone" or that an" other
condition is imposed even though not unlawful
d. That the offender attains his purpose
2. <" ma'ing such threat without the offender attaining his
purpose
3. <" threatening another with the infliction upon his person
honor or propert" or that of his famil" of an" wrong
amounting to a crime the threat not being sub-ect to a
condition
a. That the offender threatens another person with
the infliction upon the latter%s person honor or
propert" or upon the latter%s famil" of an" wrong
b. That such wrong amounts to a crime
c. That the threat is not sub-ect to a condition
Penalt" ne!t
lower in degree
than that
prescribed b"
law for the crime
he threatened to
commit
Penalt" lower b"
2 degrees # if
offender did not
attain his
purpose
:a!imum Period
# if threat in
writing or thru a
middleman
+ :a"or and a
fine not
e!ceeding P3**
# if no condition
1. Penalt" will depend on whether or not
offender attained his purpose$ if the threat is
not sub-ect to a condition the penalt" is
fi!ed
2. >ualif"ing (ircumstances:
a. Threat made in writing
b. Threat made thru a middleman
3. Third form of grave threats must be serious
and deliberate
0. 2f the threat is made in a heat of anger it is
not punished under this article
3. 2f the condition is not proved it is grave
threats under subAparagraph 2
/. =ssence of the crime of threats is
intimidation
4. The act threatened to be committed must be
wrong
6. 1rave threats ma" be committed even if the
complainant is absent when challenge is
made
7. (rime of grave threats is consummated as
soon as the threats come to the 'nowledge
of the person threatened
1*. Threats made in connection with the
commission of other crimes are absorbed b"
the latter.
11. The offender in grave threats does not
demand the deliver" on the spot of the
mone" or other personal propert" as'ed of
him Ccrime of robber"D
+2:
Lig%t !%reats
1. That the offender ma'es a threat to commit a crime
2. That the wrong does not constitute a crime
+ :a"or 1. Bight threats are committed in the same
manner as grave threats e!cept that the act
3. That there is a demand for mone" or that other condition
is imposed even though not lawful
0. That the offender has attained or not attained his purpose
threatened to be committed should not be a
crime
2. <lac'mailing ma" be punishable under this
article
+2
Bon$ for
3oo$
Be%avior
Re?uire$ to 3ive Bail not to 1olest "not%er'
1. 5hen he threatens another under the circumstances
mention in +rticle 262
2. 5hen he threatens another under the circumstances
mention in +rticle 263
9estierro Compare$ wit% "rti#le :.
1. +rt. 33 is a distinct penalt" which provides
for bond to 'eep the peace$ this article
provides for bond for good behavior
2. +rticle 33 not made applicable to an"
particular case$ this article applicable onl" to
cases of grave and light threats
3. Failure to give in +rticle 33 # detained$ this
article # destierro
+2.
>t%er Lig%t
!%reats
1. <" threatening another with a weapon or b" drawing such
weapon in a @uarrel unless it be in lawful selfAdefense
a. Threatening to draw a weapon even if there is no
@uarrel
b. 9rawing a weapon in a @uarrel which is not in lawful
selfAdefense
2. <" orall" threatening another in the heat of anger with
some harm constituting a crime without persisting in the
idea involved in his threat
3. <" orall" threatening to do another an" harm not
constituting a felon"
+ :enor
minimum or a
fine not
e!ceeding P2**
1. +rticle 263 compared with +rticle 262 and
263
a. +rticle 263 Par. 2 is similar to 3
rd
form of
grave threats because the harm
threatened to be committed is a crime
b. +rticle 263 Par. 3 is similar to light
threats because harm threatened to be
committed is not a crime
c. +rticle 263 # there is no demand for
mone" or condition or threat is not
deliberate
2. Threats which ordinaril" would be grave
threats if made in heat of anger ma" fall
under this article
3. Bight threats ma" be committed where the
person to whom it is directed is absent
+20
3rave
Coer#ions
&ays to Commit'
1. <" preventing another b" means of violence threats or
intimidation from doing something not prohibited b" law
2. <" compelling another b" means of violence threats or
intimidation to do something against his will whether it
be right or wrong
Elements'
1. That a person prevented another from doing something
not prohibited b" law or that he compelled him to do
something against his will be it right or wrong
2. That the prevention or compulsion be effected b" violence
threats or intimidation
P( and a fine not
e!ceeding
P/***
Penalt" ne!t
higher in degree
# violation of
right of suffrage$
or committed to
compel another
to perform an"
religious act$ or
committed to
1. 5hat is prevented must not be prohibited b"
law
2. The act of preventing b" force must be made
at the time the offended part" was doing or
about to do the act to be prevented
3. 2f the act was alread" done when violence is
e!erted the crime is un-ust ve!ation.
0. (ompelling another to do something includes
the offender%s act of doing it himself while
sub-ecting another to his will
3. 5hen the complainant is in actual
possession of a thing even if he has not
right to that possession compelling him b"
(vvverga Se#on$ Semester) "* +,,-+,,. Page 0+ of /.
3. That the person that restrained the will and libert" of
another had not the authorit" of law or the right to do so
or in other words that the restraint shall not be made
under authorit" of law or in the e!ercise of lawful right
Coer#ion 9istinguis%e$ from Illegal 9etention'
- illegal detention re@uires actual confinement or
restraint of the person
prevent another
from performing
an" religious act
means of violence to give up possession
even b" owner is grave coercion
/. ,ot intimidation b" displa" of force if arms
are not used
4. The force or violence must be immediate
actual or imminent
6. There is no grave coercion when the accused
acts in good faith in performance of dut"
7. Purpose of Baw # enforce the principle that
no person ma" ta'e the law into his own
hands
1*. (oercion is consummated even if the
offended part" did not accede to the purpose
of the coercion
+2/
Lig%t
Coer#ions
1. That the offender must be a creditor
2. That he seizes an"thing belonging to his debtor
3. That the seizure of the thing be accomplished b" means of
violence or a displa" of material force producing
intimidation
0. That the purpose of the offender is to appl" the same to
the pa"ment of the debt
+ :a"or in
minimum and
fine e@uivalent to
value of thing
but in no case
less than P43
+ :enor or a fine
P3AP2** or both
# an" other
coercion or
un-ust ve!ation
1. +ctual ph"sical violence need not be
emplo"ed
2. Hn-ust ve!ation # includes an" human
conduct which although not productive or
some ph"sical or material harm would
however un-ustl" anno" or ve! an innocent
person
3. There is no violence or intimidation in un-ust
ve!ation
0. 9ifference between grave and light coercion:
use of violence
3. 5hen the act of the accused has no
connection with previous acts of violence it
is onl" un-ust ve!ation
+22
>t%er Similar
Coer#ions
1. <" forcing or compelling directl" or indirectl" or
'nowingl" permitting the forcing or compelling of the
laborer or emplo"ee of the offender to purchase
merchandise or commodities of an" 'ind
a. That the offender is an" person agent or officer of an"
association or corporation
b. That he or such firm or corporation has emplo"ed
laborers or emplo"ees
c. That he forces or compels directl" or indirectl" or
'nowingl" permits to be forced or compelled an" of
his or its laborers or emplo"ees to purchase
merchandise or commodities of an" 'ind from him or
from said firm or corporation
2. <" pa"ing wage due his laborer or emplo"ee b" means of
to'ens or ob-ects other than the legal tender currenc" of
+ :a"or or a fine
ranging from
P2** A P3** or
both
1. Baborers or emplo"ees have the right to
receive -ust wages in legal tender
2. 2nducing an emplo"ee to give up an" part of
his wages b" force stealth intimidation
threat or b" an" other means is unlawful
under the Babor (ode not under the )P(
(vvverga Se#on$ Semester) "* +,,-+,,. Page 0: of /.
the Philippines unless e!pressl" re@uested b" such laborer
or emplo"ee
a. That the offender pa"s the wages due a laborer or
emplo"ee emplo"ed b" him b" means of to'ens or
ob-ects
b. That those to'ens or ob-ects are other than the legal
tender currenc" of the Philippines
c. That such emplo"ee or laborer does not e!pressl"
re@uest that he be paid b" means of to'ens or ob-ects
+24
7ormation)
1aintnan#e)
an$
Pro%ibition of
Combina-tion
of Capital or
Labor
1. That the offender emplo"s violence or threats in such a
degree as to compel or force the laborers or emplo"ers in
the free and legal e!ercise of their industr" or wor'
2. That the purpose is to organize maintain or prevent
coalitions of capital or labor stri'e of laborers or loc'out
of emplo"ers
+ :a"or and a
fine not
e!ceeding P3**
1. The act should not be a more serious
offense otherwise it shall be punished under
another article
2. Peaceful pic'eting is part of freedom of
speech and is not prohibited
3. =mplo"ing violence or ma'ing threats b"
pic'eters ma" ma'e them liable for coercion
0. Preventing emplo"ee from -oining an"
registered labor organization is punished
under the B( and not under the )P(
+4,
9is#overy of
Se#rets !%ru
SeiDure of
Correspon$en#
e
1. That the offender is a private individual or even a public
officer not in the e!ercise of his official functions
2. That he seizes the papers or letters of another
3. That the purpose is to discover the secrets of such another
person
0. That offender is informed of the contents of the papers or
letters seized
E=#eption: +rticle 27* not applicable to parents guardians
or persons entrusted with the custod" of minors with respect
to papers or letters of the children or minors placed under
their care or custod" or to spouses with respect to the papers
or letters of either of them
P( in minimum
and medium and
a fine note
e!ceeding P3**
if offender
reveals secrets
+ :a"or and a
fine not
e!ceeding P3**
if offender shall
not reveal such
secrets
1. 8eize # to place in the control of someone a
thing or to give him the possession thereof
2. There must be a ta'ing possession of papers
or letters of another even for a short time
onl"
3. The purpose of the offender must be to
discover the secrets of another
0. The offender must be informed of contents
of papers or letters
3. This article does not re@uire that the
offended part" be pre-udiced
/. >ualif"ing (ircumstance: revealing the
secret
4. 9istinguished from Public Officer )evealing
8ecrets of Private 2ndividual C+rticle 23*D:
a. +rticle 23* # public officer comes to
'now secrets b" reason of his office
b. +rticle 27* # private individual who
seizes papers of another to discover
secrets of latter
+41
Revealing
Se#rets wit%
"buse of
1. That offender is a manager emplo"ee or servant
2. That he learns of the secrets of his principal or master in
such capacit"
3. That he reveals such secrets
+ :a"or and fine
not e!ceeding
P3**
1. 8ecrets must be learned b" reason of their
emplo"ment
2. The secrets must be revealed b" the
offender
>ffi#e 3. 2f the offender does not reveal the secrets
the crime is not committed
0. 9amage is not necessar" under this article
+4+
Revelation of
In$ustrial
Se#rets
1. That offender is a person in charge emplo"ee or wor'man
of a manufacturing or industrial establishment
2. That the manufacturing or industrial establishment has a
secret of the industr" which the offender has learned
3. The offender reveals such secrets
0. That pre-udice is caused to the owner
P( minimum and
medium and a
fine not
e!ceeding P3**
1. 8ecrets must relate to manufacturing
processes
2. The act constituting the crime is revealing
the secret of the industr" or emplo"er
3. )evelation ma" be made after emplo"ee has
ceased to be connected with the
establishment
0. Pre-udice is an essential element of the
offense
+4:
&%o are
3uilty of
Robbery
Classifi#ation:
1. )obber" with violence against or intimidation of persons
C)?+2PD
2. )obber" with the use of force upon things C)FHTD
a. )obber" in 2nhabited ;ouse or Public <uilding or
=difice devoted to Public 5orship
b. )obber" in Hninhabited ;ouse or in a Private <uilding
Elements of Robbery in 3eneral'
1. That there be personal propert" belonging to another
2. That there is unlawful ta'ing of that propert"
3. That the ta'ing must be with intent to gain
0. That there is violence against or intimidation of an"
person or force upon an"thing
!%ose 3uilty of Robbery # +n" person who with intent to
gain shall ta'e an" personal propert" belonging to another
b" means of violence against or intimidation of an" person or
using force upon an"thing shall be guilt" of robber"
9istin#tions Between Effe#ts of Employment of V"I"P
an$ t%ose of use 7B!'
1. 5henever violence against or intimidation of an" person is
used the ta'ing is alwa"s robber"$ 2f there is no violence
or intimidation but onl" FHT ta'ing is robber" if force is
used to either enter building or to brea' doors etc.
2. 2n )?+2P value of personal propert" is immaterial$
penalt" depends on:
a. result of violence used
b. e!istence of intimidation onl"
1. The propert" ta'en must be personal
propert" and not real propert".
2. Prohibitive articles ma" be sub-ect matter of
robber"
3. The propert" must belong to another
0. Ownership is not necessar"$ the possession
of propert" is sufficient
3. ,aming of the owner is a matter of essential
description of the crime of robber" with
homicide and not in )?+2P or )FHT
/. The personal propert" is ta'en against will of
owner
4. Ta'ing must be unlawful
6. Hnlawful Ta'ing is complete:
a. )?+2P # from moment offender gains
possession of the thing
b. )FHT # thing must be ta'en out of
building
7. Ta'ing means depriving offended part" of
ownership of thing ta'en with character of
permanenc"
1*. 2ntent to gain is presumed from unlawful
ta'ing of personal propert"
11. F2ntent to gainG and Fpersonal propert"
belonging to anotherG must concur
12. ?iolence must be against person of offended
part" and not upon thing ta'en
13. 2ntimidation need not be threat of bodil"
harm
10. 3eneral Rule: ?iolence or intimidation
must be present before ta'ing personal
(vvverga Se#on$ Semester) "* +,,-+,,. Page 0. of /.
3. 2n )FHT the penalt" is based on:
a. ?alue of propert" ta'en
b. On whether or not the offenders carr" arms
2n )FHT in an uninhabited building the penalt" is based
on the value of the propert" ta'en
propert" is complete
E=#eption: 5hen violence results in C1D
homicide C2D rape C3D intentional
mutilation or C0D an" of the serious ph"sical
in-uries penalized in par. 1 and 2 of +rt. 2/3
ta'ing of personal propert" is comple!ed
with an" of those crimes under +rt. 270
even if ta'ing was alread" complete when
violence was used b" the offender
13. Ta'ing of propert" need not be immediatel"
after the intimidation
1/. ).+. /337 is the law applicable when
propert" ta'en in robber" is a motor vehicle
+4
Robbery wit%
Violen#e
"gainst or
Intimi$ation
of Persons
"#ts Punis%e$'
1. 5hen b" reason or on occasion of robber" crime of
homicide is committed
2. 5hen robber" is accompanied b" rape or intentional
mutilation or arson
3. 5hen b" reason or on occasion of such robber" an" of
the ph"sical in-uring resulting in insanit" imbecilit"
impotenc" or blindness is inflicted
0. 5hen b" reason or on occasion of such robber an" of the
ph"sical in-uries resulting in loss of use of speech or the
power to hear or to smell or the loss of an e"e a hand a
foot an arm or a leg or the loss of the use of an" such
member or incapacit" for the wor' in which the in-ured
person is theretofore habituall" engaged is inflicted
3. 2f the violence or intimidation emplo"ed in the commission
of the robber" is carried to a degree clearl" unnecessar"
for the commission of the crime
/. 5hen in the course of its e!ecution the offender shall
have inflicted upon an" person not responsible for the
commission of the robber" an" of the ph"sical in-uries in
conse@uence of which the person in-ured becomes
deformed or loses an" other member of his bod" or loses
the use thereof or becomes ill or incapacitated for the
performance of the wor' in which he is habituall" engaged
for more than 7* da"s or the person in-ured becomes ill or
incapacitated fro labor for more than 3* da"s
4. 2f the violence emplo"ed b" the offender does not cause
an" of the serious ph"sical in-uries defined in +rt. 2/3 or
if the offender emplo"s intimidation onl"
)P to death #
paragraph 1 Cno.
1 and 2D
)T medium to )P
# paragraph 2
Cno. 3D
)T # paragraph 3
Cno. 0D
P: ma!imum to
)T medium #
paragraph 0 Cno.
3 and /D
P( ma!imum to
P: medium #
paragraph 3 Cno.
4D
Robbery wit% 6omi#i$e
1. (rime defined in this article is a special
comple! crime
2. FOn the occasionG or Fb" reasonG means that
it must be committed in the course of or
because of the robber"
3. )obber" and homicide are separate offenses
when the homicide was not committed Fon
occasionG or Fb" reasonG of robber"
0. ;omicide # should be understood in general
sense
3. Muridical concept of robber" with homicide
does not limit ta'ing of life to 1 single victim
or to ordinar" homicide # all homicides or
murders are merged in the composite
integrated whole that is robber" with
homicide so long as all the 'illings were
perpetrated b" reason or on the occasion of
the robber"
/. There is no such crime as robber" with
murder
4. )obber" with homicide in dwelling does not
re@uire that )FHT is first committed
6. +n intent to ta'e personal propert"
belonging to another with intent to gain
must precede 'illing
7. ;omicide ma" precede robber" or ma" occur
after robber"
1*. The 'illing of an" person b" reason of or on
occasion of robber" is punished b" highest
Re?uisites of Robbery un$er Se#on$ Case of Paragrap%
'
1. That an" of the ph"sical in-uries defined in paragraphs 3
and 0 of +rt. 2/3 was inflicted in the course of the robber"
2. That an" of them was inflicted upon an" person not
responsible for the commission of the robber"
RV"IP un$er Paragrap% . of "rt. +4
- 'nown as simple robber" because the violence against an"
person does not result in homicide rape intentional
mutilation or an" serious ph"sical in-uries that give rise to
a special comple! crime
!%reats to E=tort 1oney 9istinguis%e$ from Robbery
!%ru Intimi$ation'
1. <oth there is intimidation b" offender
2. <oth purpose is identical: to obtain gain
3. 2n robber" intimidation is actual and immediate$ 2n
threats intimidation is conditional or future
0. 2n robber" intimidation is personal$ 2n threats it ma" be
done thru an intermediar"
3. 2n robber" intimidation is directed onl" to person of
victim$ 2n threats intimidation ma" refer to person honor
or propert" of offended part" or that of his famil"
/. 2n robber" gain of culprit is immediate$ in threats gain is
not immediate
Robbery wit% Violen#e 9istinguis%e$ from 3rave
Coer#ion'
1. <oth there is violence used b" offender
2. 2n robber there is intent to gain$ in grave coercion there
is not such element
Robbery an$ Bribery 9istinguis%e$'
1. )obber" if victim did not commit a crime and is
intimidated with arrest andEor prosecution to deprive him
of his personal propert"$ <riber" when victim has
committed a crime and give mone" or gift to avoid arrest
or prosecution
2. 2n robber" victim is deprived of mone"Epropert" b" force
or intimidation$ in briber" he parts with mone"Epropert"
in a sense voluntaril"
penalt" regardless of the person 'illed and
even if death supervened due to an accident.
11. 5here homicide is not proved the crime is
onl" robber" and vice versa
12. +n accessor" to robber" with homicide must
have 'nowledge of the commission of both
crimes to be liable not -ust robber"
Robbery wit% Rape
1. =ven if the rape is committed at another
place it is still robber" with rape
2. There is no such crime as robber" with
attempted rape because robber" cannot be
a necessar" means to commit attempted
rape or vice versa
3. 5hen ta'ing of personal propert" is an
independent act following defendant%s failure
to consummate the rape there are 2 crimes:
theft and attempted rape
0. +dditional rapes committed on same
occasion of robber" will not increase penalt"
3. 2f rape and homicide with robber" coAe!ist
the rape will be considered as an
aggravating circumstance
Robbery Bn$er Paragrap% .'
1. ?iolenceEintimidation need not be present at
an" time before or at e!act moment when
ob-ect ta'en
2. )eason: +sportation is a comple! fact a
whole divisible into parts a series of acts in
course of which personal
violenceEintimidation ma" be in-ected
3. 2n robber" with intimidation there must be
acts done b" the accused which either b"
their own nature or b" reason of the
circumstances under which the" are
e!ecuted inspire fear in person against
whom the" are directed
+4.
Robbery wit%
;ualifying Cir#umstan#es in RV"IP'
1. in an uninhabited place or
:a!imum period
of proper
1. +n" of the @ualif"ing circumstances must be
alleged
(vvverga Se#on$ Semester) "* +,,-+,,. Page 0/ of /.
P%ysi#al
InCuries)
#ommitte$
Bnin%abite$
Pla#e an$ by
a ban$) or
use of
7irearm
2. b" a band or
3. b" attac'ing a moving train street car motor vehicle or
airship or
0. b" entering passengers% compartments in a train or in an"
manner ta'ing the passengers thereof b" surprise in the
respective conve"ances
3. on a street road highwa" or alle" and the intimidation is
made with the use of firearms
penalties 2. <eing @ualif"ing it cannot be offset b" a
generic mitigating circumstance
3. The intimidation with use of firearm @ualifies
onl" robber" on a street road etc.
0. +rticle 273 does not appl" to robber" with
homicide or rape or serious ph"sical
in-uries under par. 1 or +rt. 2/3
+40
9efinition of
a Ban$ an$
Penalty
In#urre$
>utline'
1. 5hen at least 0 armed malefactors ta'e part in
commission of a robber" it is deemed to be committed b"
a band
2. 5hen an" of the arms used in the commission of robber is
not licensed the penalt" upon +BB the malefactors shall
be the ma!imum period of corresponding penalt" provided
b" law without pre-udice to criminal liabilit" for illegal
possession of such unlicensed firearms
3. +n" member of a band who was present at the
commission of a robber" b" the band shall be punished as
principal of an" of the assaults committed b" the band
unless it be shown that he attempted to prevent the same
Re?uisites for Liability for "#ts of t%e >t%er 1embers of
t%e Ban$'
1. That he was a member of the band
2. That he was present at commission of a robber" b" that
band
3. That the other members of the band committed an assault
0. That he did not attempt to prevent the assault
:a!imum period
of corresponding
penalt" provided
b" law without
pre-udice to
criminal liabilit"
for illegal
possession of
such unlicensed
firearms
1. To avoid liabilit" there must be proof that
he made an endeavor to prevent the assault
committed b" another member of the band
in order that he ma" not be held liable for
such assault
2. (lubs are considered as arms
3. 5hen the robber" was not committed b" a
band the robber who did not ta'e part in
the assault b" another is not liable for that
assault
0. 5hen robber" was not b" a band and
homicide was not determined b" the accused
when the" plotted the crime the one who
did not participate in the 'illing is liable for
robber" onl"
3. 5hen there is conspirac" to commit
homicide and robber" all the conspirators
even if less than 0 armed men are liable for
special comple! crime of robber" with
homicide
/. :ember must be present at the commission
of the robber" to be held liable
4. Proof of conspirac" not necessar" when 0 or
more armed persons committed robber"
6. Hse of firearm whether licensed or
unlicensed in ma'ing the intimidation is a
@ualif"ing circumstance in an" of the
paragraphs 3 0 and 3 of +rt. 270 is
committed on a street etc.
+4/
"ttempte$
an$
7rustrate$
Robbery
Committe$
)T ma!imum to
)P unless
homicide
committed shall
deserve a higher
penalt" under
1. F;omicideG is used in its generic sense
2. Penalt" is the same whether attempted or
frustrated
3. ,ot attempted or frustrated if there is not
overt act of robber"
0. )obber" with ;omicide and attempted or
Bn$er Certain
Cir#umstan#e
s
the )P( frustrated robber" with ;omicide are special
comple! crimes
3. +rticle 06 is applicable when offense
committed is attempted or frustrated
robber" with serious ph"sical in-uries
::/
;ualifie$
Se$u#tion
1. Offended part" is a virgin which is presumed if she is
unmarried and of good reputation
2. that she must be over 12 and under 16 "ears of age
3. that the offender has se!ual intercourse with her
0. That there is abuse of authorit" confidence or relationship
on the part of the offender
1. People vs. <albar Cdirect assault and act of
lasciviousness in a classroom where offended
part" conduct her classesD # the presence or
absence of lewd designs is inferred from the
nature of the acts themselves and the
environmental circumstances. (onsidering
the manner place and time under which the
acts were done lewd designs can be hardl"
attributed to <albar.
2. H8 vs. 8H+, # there is no seduction when
the offended part" had other illicit
relationships with other men. 8=9H(T2O,
lies on the chaste character or the woman.
::2
Simple
Se$u#tion
1. That the offended part" is over 12 and under 16 "ears of
age
2. That she must be of good reputation single or widow
3. That the offender has se!ual intercourse with her
0. That it is committed b" means of deceit
+ :a"or 1. 2f the girl is under 12 the crime is rape$ if
she is over 16 and there is no force or
intimidation or she is not unconscious or
otherwise deprived of reason there is no
crime even if deceit was used
2. ?irginit" of the offended part" is not
re@uired
3. There must be se!ual intercourse otherwise
the crime is acts of lasciviousness
0. + man is liable though willing to marr" girl
seduced b" him
3. Promise of marriage b" a married man or
after se!ual intercourse is not seduction
/. There is no continuing offense of seduction
4. Purpose: to punish the seducer
6.
::4
"#ts of
Las#iviousnes
s wit%
Consent of
>ffen$e$
Party
1. That the offender commits acts of lasciviousness or
lewdness
2. That the acts are committed upon a woman who is a virgin
or single or widow of good reputation under 16 "ears of
age but over 12 "ears or a sister or descendant
regardless of her reputation or age
3. That the offender accomplishes the acts b" abuse of
+ :a"or 1. :ale cannot be offended part" in this crime
2. 2t is necessar" that crime is committed
under circumstances which would ma'e it
@ualified or simple seduction had there been
se!ual intercourse instead of acts of
lewdness onl"
3. 9istinguished from +cts of Basciviousness
authorit" confidence relationship or deceit C33/D
a. <oth treat of acts of lasciviousness
b. +rt. 33/ # acts are committed under
circumstances which had there been
carnal 'nowledge would amount to rape
c. +rt. 337 # acts of lasciviousness are
committed under the circumstances
which had there been carnal 'nowledge
would amount to either @ualified
seduction or simple seduction
:,
Corruption of
1inors
1. Offender is person under age
2. Person promotes or facilitates prostitution or corruption of
person under age
3. Purpose is to satisf" lust of another
P: # to satisf"
lust of another
2n addition T+9
# public officer or
emplo"ee
1. ;abitualit" or abuse of authorit" or
confidence is not necessar"
2. One who casts for his own lust is not liable
here
3. 8ingle act without abuse of authorit" or
confidence is now a crime
0. ,ot necessar" that unchaste acts have been
done
3. ?ictim must be of good reputation not a
prostitute or corrupted person
/. + mere proposal will consummate offense
:1
&%ite Slave
!ra$e
"#ts PenaliDe$'
1. =ngaging in business of prostitution
2. Profiting b" prostitution
3. =nlisting services of women for the purpose of prostitution
P( medium and
ma!imum
1. One of the mentioned acts is sufficient to
constitute the offense
2. ;abitualit" is not a necessar" element
3. Person engaged in the business of
prostitution need not be owner of the house
0. :aintainer or manager of house of illArepute
need not be present therein at time of raid
or arrest to be liable
:+
7or#ible
"b$u#tion
1. That the person abducted is an" woman regardless of her
age civil status or reputation
2. That the abduction is against her will
3. That the abduction is with lewd designs
)T 1. 5oman abducted ma" be married
2. ?irginit" is not an essential element of this
crime
3. (rimes against (hastit" where age and
reputation are immaterial: rape acts of
lasciviousness agains the will or without the
consent of offended part" @ualified
seduction of sister or descendant and
forcible abduction
0. 5hen female is under 12 it is not necessar"
that she be ta'en against her will
3. 8e!ual intercourse is not necessar"
/. Bewd designs ma" be shown b" the conduct
of the accused
(vvverga Se#on$ Semester) "* +,,-+,,. Page /, of /.
4. when there are several defendants it is
enough that one has lewd designs
6. ;usband is not liable for abduction of wife
7. ,ature of (rime: violative of individual
libert" of abducted her honor and reputation
and public order
1*. 9istinguished from 1rave (oercion:
a. 2n both # there is violence or
intimidation b" offender
b. 1rave (oercion # no element of lewd
design
11. 9istinguished from
::
Consente$
"b$u#tion
1. That the offender must be a virgin
2. That she must be over 12 and under 16 "ears of age
3. That the ta'ing awa" of the offended prat" must withoher
consent after solicitation or ca-oler" from the offender
0. That the ta'ing awa" of the offended part" must be with
lewd designs
Purpose of Baw: prescribe punishment for the disgrace to her
famil" and the alarm caused therein
?irginit" is not to be understood in a material a sense as to
e!clude the idea of abduction of a virtuous woman of good
reputation
P( minimum and
medium
1. 2f offender is under 12 it is forcible
abduction.
2. The ta'ing awa" of the girl need not be with
some character of permanenc"
3. +bductor need not actuall" and personall"
have ta'en the abducted female from her
parents% home or induced her to abandon it$
it is sufficient that he was instrumental in
her escape
0. 5hen there was no solicitation of ca-oler"
and no deceit and the girl voluntaril" went
with man there is no crime committed even
if the" had se!ual intercourse
3. +ctual se!ual intercourse is not necessar"
since the important element is merel" lewd
designs
:
Prose#ution
of Crimes of
"$ultery)
Con#ubinage)
"b$u#tion)
Rape) an$
"#ts of
Las#iviousnes
s
1. +dulter" and concubinage must be prosecuted upon
complaint signed b" the offended part"
2. 8eduction abduction or acts of lasciviousness must be
prosecuted upon complaint signed b":
a. Offended part"
b. ;er parents
c. 1randparents or
d. 1uardians in the order in which the" are named above
Hnderl"ing Principle wh" (rimes against (hastit" (annot be
Prosecuted de oficio: out of consideration for the offended
woman and her famil" who might prefer to suffer the outrage
in silence rather than go thru with the scandal of a public trial
1uardian # legal not natural guardian that is guardian
2. The court motu proprio can dismiss the case
for failure of the aggrieved part" to file the
proper complaint
3. )ape ma" be prosecuted de oficio
0. 2mputation of crime of prostitution against a
woman can be prosecuted de oficio.
3. +dulter" or (oncubinage
a. Onl" offended spouse can file the
complaint
b. <oth parties if both alive must be
included in complaint
c. <oth parties must be included even if
one of them is not guilt"
/. 8eduction +bduction or +cts of
Basciviousness
(vvverga Se#on$ Semester) "* +,,-+,,. Page /1 of /.
legall" appointed in accordance with the provision of the law
Par$on in Crimes of C%astity'
- onl" offended part" ma" pardon
- Pardon of offended part" who is a minor must have
concurrence of parents Ce!cept: when she has no
parentsD
- (ondonation is not pardon in concubinage or adulter"$
an" act of infidelit" subse@uent to condonation
constitutes a new offense
1. +dulter" or (oncubinage # bars prosecution of crime
- effective if made:
a. <efore the institution of the criminal action and
b. <oth offenders must be pardoned b" both parties
2. +cts of Basciviousness 8eduction and +bduction # bars
prosecution of crime
a. must be =OP)=88
b. <efore the institution of criminal action

a. The right to file action granted to
parents grandparents or guardian shall
be e!clusive of all other persons and
shall be e!ercise successivel"
b. 2t is e!clusive because if the parent for
e!ample refuse to file the grandparents
cannot file the complaint
c. 5hen offended part" is a minor her
parents ma" file complaint
d. 5hen offended part" is of age and she
is complete possession of her mental and
ph"sical faculties she alone can file the
complaint
e. The father if living is not necessaril"
preferred to the mother in filing the
complaint
4. (omplaint must be filed in court not with
the fiscal
6. )ape comple!ed with another crime Ca public
crimeD need not be signed b" offended
woman
7. +ctual :arriage with offended part"
a. =!tinguishes criminal action or remits
the penalt" alread" imposed
b. <enefits the coAprincipals accomplices
and accessories
1*. :arriage between parties guilt" of adulter"
or concubinage does not e!tinguish the
criminal action
:.
Civil Liability
of Persons
3uilty of
Crimes
"gainst
C%astity
8eduction or +bduction:
1. To indemnif" the offended woman
2. To ac'nowledge offspring unless the law should prevent
him form doing so
3. 2n ever" case to support the offspring
+dulter" or (oncubinage
- 2ndemnif" damages caused to offended spouse
1. Hnder the )P( there is no civil liabilit" for
acts of lasciviousness
2. )easons for 2ndemnit" in +dulter" or
(oncubinage: ac'nowledgment of offspring
is not legall" possible support is not
included because the person who give birth
if at all is one of the offenders and not the
offended part"
3. :oral damages are recoverable b" both
offended part" and her parents
0. Hnder the Famil" (ode since children are
classified as legitimate or illegitimate the
man Cadulter" or concubinageD should now
be sentenced to support offspring in
(vvverga Se#on$ Semester) "* +,,-+,,. Page /+ of /.
addition to indemnit"
:0
Liability of
"s#en$ants)
3uar$ians)
!ea#%ers or
>t%er
Persons
Entruste$
wit% Custo$y
Persons Liable
- cooperate as accomplices but are punished as
principals:
1. +scendants
2. 1uardian
3. (urators
0. Teachers and
3. +n" other person who cooperates as accomplice with
abuse of authorit" or confidential relationship
Penalties
prescribed in
(hapters 2 3 0
Teachers # T89
ma!imum to P89
Other Person #
8pecial
dis@ualification
from filling office
of guardian
(rimes =mbraces in (hapters 2 3 and 0:
1. +cts of Basciviousness
2. >ualified 8eduction
3. 8imple 8eduction
0. +cts of lasciviousness with the consent
of the offended part"
3. (orruption of minors
/. 5hite slave trade
4. Forcible +bduction
6. (onsented +bduction
:0.
Impru$en#e
an$
5eligen#e
1. Offended part" must choose the civil liabilit"
(vvverga Se#on$ Semester) "* +,,-+,,. Page /: of /.

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