Crim II Reviewer 2

Criminal Law II Reviewer: Olaso-Coronel!
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Crimes Against Persons!
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MAAM OC: WHAT IS THE DIFFERENCE BETWEEN THE VICTIM DIES
AND THE VICTIM IS KILLED?!
PARRICIDE, MURDER, HOMICIDE AND INFANTICIDE: COMPARED!

QUALIFICATION
Parricide
Relationship
Murder
Qualfiying circumstances outlined in

Article 248
Homicide
No justifying circumstance
Infanticide
Victim is less than 72 hours old
Article 246. Parricide.!
Elements:!
1. That a person is killed;!
2. That the deceased is killed by the accused;!
3. That the deceased is the father, mother, or child, whether legitimate
or illegitimate, or a legitimate other ascendant or other descendant,
or the legitimate spouse, of the accused.!
Notes:!
This is a crime committed by people who are related by blood. !
EXCEPTION: Spouses.!
The relationship between the offender and the offended party must
be legitimate.!
Criminal Law II: Zosa
EXCEPTION: Parent and child.!
Relationship by affinity is not included in the enumeration.!

Knowledge of relationship is not necessary.!
If the victim is the accuseds spouse, the information should allege
the existence of a valid marriage. Otherwise, relationship will merely

be a generic aggravating circumstance. (People v Jumawan)!
Example:!
- A is married to B. A conspires with C to kill B. C is a stranger to A
and B. C killed B with treachery. A knew about the plan and agreed
to the means employed to kill B.!
- What are the respective liabilities of A and C? A will be held liable
for parricide, with a generic aggravating circumstance of
treachery. C will be held liable for murder, with treachery as a
qualifying circumstance.!
- B is the illegitimate daughter of A. B married C. D is their legitimate
daughter. D killed A.!
- What crime did D commit? Homicide or murder. The intervening
illegitimacy (A to B) means that parricide cannot be committed. All
relatives after B are illegitimate to A.!
PENALTY!
Reclusion perpetua to death.!
Article 247. Death or physical injuries

inflicted under exceptional circumstances.!
Elements:!
1. That a legally married person, or a parent, surprises his spouse, or
his daughter (under 18 years of age and living with him), in the act
of committing sexual intercourse with another person;!
2. That he or she kills any or both of them, or inflicts upon any or both
of them any serious physical injury in the act or immediately
thereafter;!
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3. That he or she has not promoted or facilitated the prostitution of his

wife or daughter, or that he or she has not consented to the
infidelity of the other spouse.!
When
surprising
happened
Reacted with? At which

point in time?
Does the article

have application?
Before any
actual
intercourse
Immaterial
NO
After actual
intercourse
Immaterial
Immaterial
NO
During actual
intercourse
Killing/inflicting
serious
physical
injuries
In the act
YES
During actual
intercourse
Killing/inflicting
serious
physical
injuries
After sexual
intercourse
YES, if killed
immediately
thereafter
Immaterial
Notes:!
There is no criminal liability for less serious physical injuries or slight
physical injuries. !
Immediately thereafter: there should be no break of time between
discovery of the sexual act and the killing or inflicting of injury.!
EXCEPTION: If the killing or infliction of the injury was part of the
continuous act of pursuit stemming directly from the point of
discovery. (People v Abarca)!
Article
247 does not define a felony. It grants a privilege. The penalty
is intended more as protection for the accused than as punishment.!

You cannot charge someone with a violation of Article 247. This is
to be invoked by the defense. The prosecution must charge the
accused with: Parricide (if a spouse or daughter is killed), Murder
or homicide (if a paramour or mistress is killed), or Negligence

resulting in homicide (if a third party is killed), or Reckless
imprudence resulting in physical injuries (if a third party is injured).!
The penalty is destierro, but it is still within the jurisdiction of the
RTC and not the MTC because the charge is something else.!
DESTIERRO: precluded form entering the place or places
designated in the sentence, or within the radius therein
designated, which shall include a distance of 25 km at least,
and 250 km at most, from the place designated.*!
Example:!
- A and B are married. A surprised B having sex with C. C escaped. A
gave chase, but could not locate C. A kept search, but eventually
gave up. A started heading home. C came out of hiding.
Unfortunately, A saw him and killed him.!
- Does Article 247 have application? No. A gave up the search.
Giving up the search meant that the killing was not part of a
continuous act of pursuit.!
- A and B are having sex in a motel. A is the 16 year old daughter of
C. C caught A and B in the act of coitus. C killed B.!
- Does Article 247 have application? No. The act was not
committed in the home of C.!
PENALTY!
None. Destierro here is not meant to be a penalty.!
Article 248. Murder.!
Elements:!
1. That a person was killed;!
2. That the accused killed him;!
3. That the killing was attended by any of the following circumstances:!
1. With treachery, taking advantage of superior strength, with the
aid of armed men, or employing means to weaken the defines,
or of means or persons to insure or afford impunity;!
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2. In consideration of a price, reward or promise;!

3. By means of inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault upon a railroad, fall
of an airship, by means of motor vehicles, or with the use of
any there means involving great waste and ruin;!
4. On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic, or any other public
calamity;!
5. With evident premeditation;!
6. With cruelty, by deliberately and inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his person or
corpse;!
4. The killing is not parricide or infanticide.!
Notes:!
One attendant qualifying circumstance is enough. If there is more
than one, the rest will be taken as aggravating circumstances. !
A qualifying circumstance must be alleged in the information.!
If what was alleged was not proven and an un-alleged
circumstance was, it will not qualify the offense to murder.!
Treachery: offended party is denied the opportunity to defend
himself because of the means, methods, and form in executing the
crime deliberately adopted by the offender.!
If despite the means, the offended party was able to put up a
defense, treachery is not available.!
If the killing is on the spur of the moment, it cannot be murder by
treachery a conscious adoption of methods, means, and form
in execution that were not merely incidental to the killing.!
If the victim is killed and the means, methods and form in the
execution is deliberately adopted, even if there was no intent to
kill, there is treachery.!
In
consideration of a price, reward or promise:!
Evident premeditation is absorbed in price, reward or promise for
the inductor, not for the induced.!
The one who gave the price, reward or promise is a principal by
induction. The one receiving is a principal by direct participation.!
By means of inundation, fire, poison, explosion, shipwreck, stranding

of a vessel, derailment or assault upon a railroad, fall of an airship,
by means of motor vehicles, or with the use of any there means
involving great waste and ruin:!
Offender must have intent to kill when these means were used.!
With evident premeditation, must prove:!
The time when the offender determined to kill his victim.!
An act of the offender manifestly indicating that he clung to his
determination.!
A sufficient lapse of time between the determination and the
execution of the killing.!
Example:!
- A is a 5 year old child playing in the street. B happened to chance
upon A and killed her. !
- What is the crime? Murder qualified by treachery. A child is
necessarily weak and incapable of defense. !
- A, B and C had a quarrel with D. One night, they saw D walking and
took him and tied him to a chair as they took turns dealing him
blows. They then left D, not knowing he had died.!
- What is the crime? Murder qualified by treachery. Even if they did
not intend to kill D, the manner adopted by A, B and C was
treacherous and denied D the ability to defend himself. Since D
died as a consequence of the beating, the crime is murder.!
- A wanted to kill B so she set fire to his house. B died in the inferno.!
- What is the crime? Murder qualified by means of fire. The
primordial criminal intent is what matters. If A did not intend to kill
B and merely wished to burn property, the crime would be arson
with homicide, not murder.!
- A was angry and wanted to cause trouble. He threw a hand grenade
at a night market and a dozen people died.!
- What is the crime? Murder qualified by means of explosion.!
PENALTY!
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Article 249. Homicide.!
Elements:!
1. That a person was killed;!
2. That the offender killed him without any justifying circumstances;!
3. That the offender had the intention to kill;!
4. That the killing was not attended by any of the qualifying
circumstances of murder, or by that of parricide or infanticide.!
Notes:!
When several assailants not acting in conspiracy inflicted wounds on
a victim but it cannot be determined who inflicted which wound
caused death, all are liable.!
!
!
MAAM OC: WHY DO YOU SAY THERE IS NO JUSTIFYING

CIRCUMSTANCE? WHY DO YOU SAY THERE IS INTENT TO KILL?!
Example:!
- A accidentally hit B with a bat when he playfully swung it. The
injuries to B were fatal.!
- What is the crime committed? Reckless imprudence resulting in
serious physical injuries. The element of intent to kill is necessary
for frustrated homicide. However, an offense of negligence or
imprudence is necessarily incompatible with intent to kill.!
PENALTY!
Reclusion temporal.!
ATTEMPTED/FRUSTRATED HOMICIDE AND PHYSICAL INJURIES:

COMPARED!
Crime
Intent to kill?
Attempted or frustrated homicide
YES
Physical injuries
NO
Article 251. Death caused in a tumultuous

affray.!
Elements:!
1. That there are several persons;!
2. That they do not compose groups organised for the common
purpose of assaulting and attacking each other reciprocally;!
3. That these several persons quarrelled and assaulted one another
in a confused and tumultuous manner;!
4. That someone was killed in the course of the affray;!
5. That it cannot be ascertained who actually killed the deceased;!
6. That the person or persons who inflicted serious physical injuries or
who used violence can be identified.!
LIABILITY!
The law has assigned a prioritisation:!
The persons who inflicted serious physical injury upon the victim;!
Anyone who may have employed violence on that person.!
Nobody. The crime charged will be different.!
Notes:!
Tumultuous affray: commotion in a tumultuous and confused
manner, to such an extent that it would not be possible to identify
who the killer is if death results, or who inflicted the serious physical
injury, but the person/s who used violence are known.!
ESSENTIAL: the inability to ascertain the actual perpetrator.!
If the groups are organised, this article has no application.!
The person killed does not need to be a participant in the affray.!
Example:!
- Fraternity A and fraternity B engaged in a rumble. Two people died.!
- Does Article 251 have application? No. The crime will be homicide
or murder, with collective responsibility on both sides. The groups
are organised and do not meet the second element of Article 251.!
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PENALTY!
Prision mayor.!
Prision correccional medium and maximum on all who used violence
on the victim, if it cannot be determined who inflicted the serious
physical injuries.!
Arresto mayor from 5 to 15 days on all who used any violence on
Article 253. Giving assistance to suicide.!
Article 252. Physical injuries inflicted in a

tumultuous affray.!
Elements:!
1. That there is a tumultuous affray;!
2. That a participant or some participants thereof suffered serious
physical injuries or physical injuries of a less serious nature only;!
3. That the person responsible cannot be identified;!
4. That all those who appear to have used violence upon the person
of the offended party are known.!
NATURE OF INJURY AND RESPECTIVE LIABILITY IN PHYSICAL

INJURIES INFLICTED IN A TUMULTUOUS AFFRAY!
Nature of the Injury
Does Article 252 have application?
Serious physical injuries
YES
Less serious physical injuries
YES
Slight physical injuries
NO, slight physical injuries are

considered inherent in a tumultuous
affray. If no one can be identified,
there is no complaint.
PENALTY!
Penalty next lower in degree than that provided for the physical
injuries inflicted.!
the offended party, if the physical injuries are of a less serious nature
and the person responsible cannot be identified.!
Acts punished:!
1. Assisting another to commit suicide, whether the suicide is
consummated or not;!
2. Lending assistance to another to commit suicide to the extent of
doing the killing himself.!
Notes:!
The intention to end life comes from the victim himself. Otherwise
the article does not apply.!
The principal actor is the person committing the suicide, but he is
not criminally liable.!
PENALTY!
Prision mayor for Act 1, if consummated.!
Reclusion temporal for Act 2.!
Arresto mayor medium and maximum, if the suicide is not
consummated.!
Article 254. Discharge of firearms.!

Elements:!
1. That the offender discharges a firearm against or at another
person;!
2. That the offender had no intention to kill that person.!
Notes:!
This crime cannot be committed through imprudence.!
!
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Example:!
- A directed a firearm to B and pulled the trigger. The firearm did not
fire.!
- What is the offense? Frustrated discharge of firearm.!
!
!
!
Article 255. Infanticide.!
Elements:!
1. That a child was killed;!
2. That the accused killed the child.!
3. That the child was less than 72 hours (3 days) old.!
MITIGATING CIRCUMSTANCE!
Concealment of a womans dishonor.!
WHEN IS ABANDONMENT INFANTICIDE?!
Action
With intent to
kill?
Infanticide?
Can
concealment
of dishonour
mitigate?
Killing the child
YES
YES
YES
Abandoning the
child
YES
YES
YES
Abandoning the
child
NO
NO
N/A
Killing the child
NO
YES
NO
Example:!
- A gave birth to B & killed the child to conceal her dishonor. C helped.!
- What are the respective criminal liabilities of A and C? If B was
already 3 days old or above, As crime is parricide. Because C is a
stranger to B, C committed murder. If B was less than 3 days old,
PENALTY!
Penalty provided for parricide and for murder.!
Prision mayor medium and maximum, if committed by the mother for
the purpose of concealing dishonor.!
Reclusion temporal, if committed by maternal grandparents for the
purpose of concealing dishonor.!
Article 256. Intentional abortion.!
A and C both committed infanticide. The crime of infanticide does

not depend on the relationship between the offender and the
offended party. The mitigating circumstance of concealment of
dishonor will be appreciated in favor of A.!
Elements:!
1. That there is a pregnant woman;!
2. That violence is exerted, or drugs and 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 any other act of the accused, the fetus dies, either in the
womb or after having been expelled therefrom;!
4. That the abortion is intended.!
Acts punished:!
1. Using any violence upon the person of the pregnant woman;!
2. Acting, but without violence, without the consent of the woman;!
3. Acting, with the consent of the woman.!
MITIGATING CIRCUMSTANCE!
Concealment of dishonor.!
Applies to the mother, and to the maternal grandparents of the
fetus if the abortion was performed with the mothers consent.!
Notes:!
This is a crime against the fetus, not the mother.!
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The offender must know of the pregnancy.!

Liability of the physician is under Article 259 of the RPC.!
PENALTY:!
Reclusion temporal, if violence is used on the pregnant woman.!
Prision mayor, if, without violence, the offender acted without the
consent of the woman.!
Prision correccional medium and maximum, if the woman
consented.!
Example:!
- A pregnant woman decided to commit suicide. She jumped off the
roof of a tall building. She did not die, but an abortion followed.!
- Is she liable for unintentional abortion? No. The force or violence
must come from another person.!
PENALTY!
Prision correccional minimum and medium.!
INFANTICIDE AND ABORTION: COMPARED!
INTENTIONAL ABORTION AND UNINTENTIONAL ABORTION:

COMPARED!
Crime
Victim
Intentional abortion
Unintentional abortion
Infanticide
A person less than 3 days old and

capable of living outside the womb
Three modes of commission,

including non violent ones.
Committed only by violence.
Abortion
A fetus, that cannot subsist by itself
Knowledge is necessary.
Knowledge is necessary.
Intent to abort must be present.
Intent to abort is not necessary.
Article 257. Unintentional abortion.!

Elements:!
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 intentionally exerted;!
4. That, as a result of the violence, the fetus dies, either in the woman
or after having been expelled.!
Notes:!
This may be committed through negligence. What is necessary is
the violence be voluntary. Intent to cause an abortion is not.!
Violence must be intentionally exerted.!
Accused must have known of the pregnancy.!
!
!
!
Article 258. Abortion practiced by the woman

herself or by her parents.!
Elements:!
1. That there is a pregnant woman who has suffered an abortion;!
2. That the abortion is intended;!
3. That the abortion is caused by !
1. The pregnant woman herself;!
2. Any other person, with her consent; or!
3. Any of her parents, with her consent for the purpose of
concealing her dishonor.!
!
!
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Notes:!
Unlike the previous Articles on abortion, this crime contemplates the
woman herself, or her parents, as the perpetrator.!
PENALTY!
Prision correccional medium and maximum on the woman.!
Prision correccional minimum and medium on a woman who
commits the offense to conceal her dishonor.!
Prision correccional medium and maximum on parents of a pregnant
woman.!
!
!
!
Article 259. Abortion practiced by a

physician or midwife and dispensing of
abortives.!
Elements to a physician or midwife:!
1. That there is a pregnant woman who has suffered an abortion;!
2. That the abortion is intended;!
3. That the offender, who must be a physician or midwife, caused or
assisted in causing the abortion;!
4. That said physician or midwife took advantage of his or her
scientific knowledge or skill.!
Elements to a pharmacist:!
1. That the offender is a pharmacist;!
2. That there is no proper prescription from a physician;!
3. That the offender dispenses any abortive.!
!
EXCEPTION: Therapeutic abortion.!
!
Notes:!
The abortive does not need to be used.!
!
!
PENALTY!
Penalties provided in intentional abortion in the maximum period on
a physician or midwife.!
Arresto mayor and a fine where x < Php 1,000, to a pharmacist.!
!
!
!
Article 260. Responsibility of participants in a

duel.!
Acts punished:!
1. Killing ones adversary in a duel;!
2. Inflicting upon such adversary physical injuries;!
3. Making a combat, although no physical injuries have been inflicted.!
Persons liable:!
1. The person who killed or inflicted physical injuries upon his
adversary, or both combatants in any other case, as principals.!
2. The seconds, as accomplices.!
Notes:!
DUEL: formal or regular combat previously consented to by 2 parties
in the presence of 2 or more seconds of lawful age on each side,
who select the arms and fix all the other conditions of the fight to
settle some antecedent quarrel.!
Largely obsolete. People just hit each other without pre-agreement.!
PENALTY!
Reclusion temporal, if adversary dies.!
Penalty for corresponding physical injuries, if adversary gets
physical injuries.!
As an accomplice, for seconds.!
!
!
!
!
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Article 261. Challenging to a duel.!

Acts punished:!
1. Challenging another to a duel;!
2. Inciting another to give or accept a challenge to a duel;!
3. Scoffing at or decrying another publicly for having refused to
accept a challenge to fight a duel.!
PENALTY!
Prision correccional minimum.!
!
!
!
Article 262. Mutilation.!
Acts punished:!
1. Intentionally mutilating another by depriving him, either totally or
partially, of some essential organ for reproduction;!
1. There must be castration, that is mutilation of organs necessary
for generation, such as the penis or ovarium;!
2. The mutilation is caused purposely and deliberately, that is, to
deprive the offended party of some essential organ for
reproduction.!
2. Intentionally making other mutilation, that is, by lopping or clipping
off any part of the body of the offended party, other than the
essential organ for reproduction, to deprive him of that part of his
body.!
WHEN IS LOSS OF A BODY PART MUTILATION?!

Result
With intent to
mutilate?
Crime
Loss of part of the body

that does not regrow
Yes
Mutilation
Loss of part of the body

that does not regrow
No
Serious physical injuries
Notes:!
This cannot be committed through criminal negligence.!
There must be intent to deprive the offended party of a part of his
body.!
PENALTY!
Reclusion temporal to reclusion perpetua, if it involves some
essential organ for reproduction.!
Prision mayor medium and maximum, for any other intentional
mutilation.!
!
!
!
Article 263. Serious physical injuries.!
Acts punishable:!
1. Wounding;!
2. Beating;!
3. Assaulting;!
4. Administering injurious substance!
!
!
resulting in!
Injuries:!
1. When the injured person becomes insane, imbecile, impotent or
blind in consequence of the physical injuries inflicted;!
2. When the injured person !
1. Loses the use of speech or the power to hear or to smell, or
loses an eye, a hand, a foot, an arm, or a leg;!
2. Loses the use of any such member; or!
3. Becomes incapacitated for the work in which he was
theretofore habitually engaged, in consequence of the physical
injuries inflicted;!
3. When the injured person !
1. Becomes deformed; or!
2. Loses any other member of his body; or!
3. Loses the use thereof; or!
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4. Becomes ill or incapacitated for the performance of the work in

which he was habitually engaged for more than 90 days in
consequence of the physical injuries inflicted;!
4. When the injured person becomes ill or incapacitated for labor for
more than 30 days (but must not be more than 90 days), as a
result of the physical injuries inflicted.!
EXCEPTION:!
Parent who inflicts physical injuries on his child by excessive
chastisement.!
Notes:!
Physical injuries is always consummated. The crime depends on the
gravity of the injury sustained. Without the injury, there is no crime.!
There must be no intent to kill.!
DEFORMITY is:!
Physical ugliness.!
Permanent and definite abnormality.!
Conspicuous and visible.!
Example:!
- A threw acid on Bs face. A deformity would have been produced on
As face were it not for plastic surgery.!
- What was the crime committed? Serious physical injuries. The
injury would have produced a deformity. The removal of the
deformity is immaterial, because what is considered is the natural
healing process.!
PENALTY!
Prision mayor, for injury 1.!
Prision correccional medium and maximum, for injury 2.!
Prision correccional minimum and medium, for injury 3.!
Arresto mayor maximum to prisin correccional minimum, for injury
4.!
If with the qualification of Article 246 (parricide) or Article 248
(murder):!
Reclusion temporal medium and maximum, for injury 1.!
Prision correccional maximum to prisin mayor minimum, for

injury 2.!
Prision correccional medium and maximum, for injury 3.!

Prision correccional minimum and medium, for injury 4.!
!
!
!
Article 264. Administering injurious
substances or beverages.!
Elements:!
1. That the offender inflicted upon another any serious physical injury;!
2. That it was done by knowingly administering to him any injurious
substance or beverages or by taking advantage of his weakness of
mind or credulity;!
3. That he had no intent to kill.!
PENALTY!
Penalties established in Article 263.!
!
!
!
Article 265. Less serious physical injuries.!
Elements:!
1. The physical injuries must not be those described in the preceding
articles.!
2. The offended party is incapacitated for labor for 10 days or more
(but not more than 30 days), or needs medical attendance for the
same period of time.!
Qualified as to penalty!
1. A fine not exceeding Php 500, in addition to arresto mayor, shall be
imposed for less serious physical injuries when !
1. There is a manifest intent to insult or offend the injured person;
or!
2. There are circumstances adding ignominy to the offence.!
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2. A higher penalty is imposed when the victim is either !

1. The offenders parents, ascendants, guardians, curators or
teachers; or!
2. Persons of rank or person in authority, provided the crime is not
direct assault.!
PENALTY!
Arresto mayor.!
!
!
!
Article 266. Slight physical injuries and
maltreatment.!
What is punished:!
1. Physical injuries that incapacitated the offended party for labor
from 1 to 9 days, or required medical attendance during the same
period;!
2. Physical injuries which did not prevent the offended party from
engaging in his habitual work or which did not require medical
attendance;!
3. Ill-treatment of another by deed without causing any injury.!
Example:!
- A slapped B and told her, Let us meet behind the gym and see who
is the better woman.!
- What is the crime? Challenging to a duel. It is not ill-treatment,
slight physical injuries, or slander by deed.!
- A slapped B during a town hall meeting in order to embarrass the
latter.!
- What is the crime? Slander by deed. Slapping the offended party
is a form of ill-treatment, but with the intention to cast dishonour or
humiliate or embarrass the offended party, the crime becomes
slander by deed.!
PENALTY!
Arresto menor, for injury 1.!
Arresto menor or a fine where x < Php 200 and censure, for injury 2.!
Arresto menor minimum or a fine where x < Php 50, for injury 3.!
SERIOUS PHYSICAL INJURIES, LESS SERIOUS PHYSICAL

INJURIES AND SLIGHT PHYSICAL INJURIES: COMPARED (IN
RELATION TO MEDICAL ATTENDANCE AND LENGTH OF
INCAPACITATION)!
Serious
Less serious
Slight physical
physical injuries physical injuries injuries
Number of days
(for medical
treatment)
Number of days
(of
incapacitation
for labor)
10 to 20 days
30 to 90 days
1 to 9 days
x < 30 days
* To use this table, note that the only fields filled out are the ones
where a distinguishing point can be made.!
Article 266-A. Rape, when and how

committed.!
Elements under paragraph 1:!
1. That the offender is a man;!
2. That the offender had carnal knowledge of a woman;!
3. That such act is accomplish under any of the following
circumstances:!
1. By using force or intimidation;!
2. When the woman is deprived of reason or otherwise
unconscious;!
3. By means of fraudulent machination or grave abuse of
authority;!
4. When the woman is under 12 years of age.!
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Elements under paragraph 2:!

1. That the offender commits an act of sexual assault;!
2. That the act of sexual assault is committed by any of the following
means:!
1. By inserting his penis into another persons mouth or anal
orifice; or!
2. By inserting any instrument or object into the genital or anal
orifice of another person;!
3. That the act of sexual assault is accomplished under any of the
following circumstances:!
1. By using force or intimidation; or!
2. When the woman is deprived of reason or otherwise
unconscious; or!
3. BY means of fraudulent machination or grave abuse of
authority; or!
4. When the woman is under 12 years of age.!
Notes:!
RA 8353 changed the nature of rape from a private crime. It can now
be prosecuted even if the woman does not file a complaint.!
An offended woman may pardon the offender through a subsequent
valid marriage, extinguishing liability.!
If rape is committed by an ascendant of the offended woman, the
force and intimidation need not be of such nature as would be
required if the offender had been a stranger. !
Moral ascendancy or influence can substitute for the element of
physical force.!
Mere sexual intercourse with a victim below 12 years old is rape.
(People v Mangalino)!
Statutory rape, must prove:!
The age of the complainant.!
Original or certified true copy of birth certificate (best
evidence).!
Similar authentic documents baptismal certificate, etc.!
Credible testimony of the mother or any relative by
consanguinity or affinity qualified to testify on matters
respecting pedigree.!
Testimony of the victim, provided it is expressly and clearly

admitted by the accused.!
The identity of the accused.!

The sexual intercourse between the accused and the
complainant.!
If the victim is a retardate, it is rape. Either she has the mentality
of a girl less than 12 years old, or she will be considered to have
been deprived of reason. (People v Atento)!
Conviction
does not require a finding of full penetration.
The
slightest penetration will consummate the rape. (People v Orita)!

Frustrated rape does not exist.!
ATTEMPTED RAPE AND ACTS OF LASCIVIOUSNESS:

COMPARED!
Crime
Intent
Attempted rape
To effect sexual congress
Acts of lasciviousness
No intent to lie with the woman
Republic Act 8353 (Rape Law)!

RAPE UNDER THE SECOND PARAGRAPH: By any person who,
under any of the circumstance mentioned in paragraph 1 hereof, shall
commit an act of sexual assault by inserting his penis into another
persons mouth or anal orifice, or any instrument or object, into the
genital or anal orifice of another person.!
Any person: can be committed by both males and females.!
another persons mouth or anal orifice: refer to either a male or
female victim.!
into the genital or anal orifice of another person: contemplates a
female offender.!
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PARAGRAPH 1 AND PARAGRAPH 2: COMPARED!

Paragraph 1
Paragraph 2
Offender
Man
Man or woman
Victim
Woman
Man or woman
Method
Sexual intercourse (a
must)
Sexual assault!
Inserting a penis into
another persons
mouth or anal orifice!
Inserting any
instrument or object
into the genital or anal
orifice of another
person
!
!
!
Republic Act 8049 (Anti-Hazing Law)!
HAZING!
- Any initiation rite or practice which is a prerequisite for admission
into membership in a fraternity or sorority or any organization which
places the neophyte or applicant in some embarrassing or
humiliating situations or otherwise subjecting him to physical or
psychological suffering of injury.!
Elements of hazing:!
1. That the act is a prerequisite for admission into membership;!
2. That the neophyte is placed in either a/an !
1. Embarrassing situation;!
2. Humiliating situation;!
3. Physical suffering;!
4. Psychological suffering.!
REQUIRED:!
- Rites should not exceed 3 days in duration.!
- A written notice to school authorities from the head of the

organisation 7 days prior to the rites.!
- Rites should be supervised by the head of the school or of the org.!

- There should be no physical violence.!
QUALIFYING CIRCUMSTANCES!
- If rape, sodomy or mutilation results;!
- If the person becomes insane, an imbecile, or impotent or blind;!
- If the person loses the use of speech or the power to hear or smell
or an eye, a foot, an arm or a leg, or the use of any such member;!
- Serious physical injuries; or!
- Less serious physical injuries;!
- If the victim is below 12;!
- If the victim becomes incapacitated for the work he habitually
engages in for 30, 10, 1-9 days.!
WHO ARE LIABLE!

- Parents who had actual knowledge if they did nothing to prevent it,
as principals!
- School authorities including faculty members who consented to the
hazing or had actual knowledge thereof but failed to take any action
to prevent it, as accomplices !
- Officers and members who planned it, although not present,
knowingly cooperated or were present, as principals!
- Alumni of the organisation who were present!
- Owner of the place where the hazing occurred as an accomplice
when he has actual knowledge of the hazing but failed to take any
action to prevent it!
If he is an actual member, he will be punished as a principal.!
WHO CAN FILE A CASE!

Inherent in this law is the lack of cooperation, so it can be anyone.
The law is meant to solve a collective action problem.!
EXCEPTION!
AFP and PNP procedures, as approved and duly recommended by
appropriate officials!
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Notes:!
PRESUMPTION: Presence is prima facie evidence of guilt.!
Even if they had no idea it is happening, they are liable.!
Mitigating circumstance of no intention to commit so grave a wrong
will be unavailable.!
Those who engage in, or promote, facilitate or induce child
Republic Act 7610 (Anti-Child Abuse)!
!
!
!
Punishable acts include:!

1. Child prostitution and other sexual abuse;!
2. Attempt to commit child prostitution;!
3. Child trafficking;!
4. Attempt to commit child trafficking;!
5. Child pornography and indecent shows and publication;!
6. Other acts of neglect, abuse, cruelty or exploitation and other
conditions prejudicial to the childs development.!
Elements to child prostitution and other sexual abuse:!

1. That there is a child, whether male or female,!
2. Who for money, profit, or other consideration or due to coercion or
influence of adult, syndicate or group,!
3. Indulge in sexual intercourse or lascivious conduct.!
1. LASCIVIOUS CONDUCT: intentional touching, either directly or
through clothing, of the genitalia, anus, groin, breast, inner
thigh, or buttocks; or any act of lewdness done with force or
intimidation, fraudulent machination or grave abuse of authority;
or where the offended party is deprived of reason or otherwise
unconscious with intent to abuse, humiliate, harass, degrade
the child, or arouse or gratify the sexual desire of any person.!
1. Bestiality, masturbation, lascivious exhibition of the genitals
or pubic area of a person.!
WHO ARE LIABLE CHILD FOR PROSTITUTION AND OTHER

SEXUAL ABUSE!
prostitution which includes, but are not limited to, the following:!
Acting as a procurer of a child prostitute;!
Inducing a person to be a client of a child prostitute;!
Taking advantage of influence or relationship to procure a child as
a prostitute;!
Threatening or using violence towards a child to engage him as a
prostitute;!
Giving monetary consideration/pecuniary benefit.!
PENALTY!
Reclusion temporal medium to reclusion perpetua.!
Elements to attempt to commit child prostitution:!

A.!
1. That the offender is not a relative of the child;!
2. That the offender is found alone with the said child inside the room
or cubicle of a house, an inn, hotel, motel, pension house, apartelle
or other similar establishment, vessel, vehicle or any other hidden
or secluded area which would lead a reasonable person to believe
that the child is about to be exploited in prostitution and other
sexual abuse.!
B.!
1. That a person receives services from a child;!
2. That the services were rendered in a sauna parlor or bath,
massage clinic, health club and other similar establishment.!
PENALTY!
2 degrees lower than that prescribed for the consummated felony.!
Element to child trafficking:!

That a person engages in trading and dealing with children,
including, but not limited to, the act of buying and selling of a child
for money, or for any other consideration or barter.!
PENALTY!
Reclusion temporal to reclusion perpetua.!
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Maximum period, if the victim is under 12 years of age.!
Punishable acts to attempt to commit child trafficking:!

1. Allowing a child to travel alone to a foreign country;!
2. A pregnant womans execution of an affidavit of consent to
adoption of an unborn child for consideration;!
3. Recruitment of woman or couples for child bearing for purposes of
child trafficking;!
4. The simulation of birth by a doctor, hospital, clinic official, etc for
the purpose of child trafficking;!
5. Finding children among low-income families, hospitals, etc to sell.!
PENALTY!
2 degrees lower from the consummated felony.!
Elements to obscene publications and indecent shows:!

1. That the offender s any ascendant, guardian, or person entrusted
in any capacity with care of a child;!
2. That the offender shall cause and/or allow such child to be
employed or to participate in an obscene play, scene, act, movie or
show or in any other acts covered by this section.!
Punishable acts to other acts of abuse:!

A.!
1. That the offender commits any other acts of child abuse, cruelty or
exploitation or be responsible for other conditions prejudicial to the
childs development including those covered by Article 59 of PD
603, but not covered by the RPC.!
B.!
1. That the offender keeps in his company a minor, 12 years or under
or who is 10 years or more his junior or who is 10 years or more his
junior in any public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or massage parlor,
beach and/or other tourist resort or similar places.!
2. That the offender is not related to the child within the 4th degree of
consanguinity or affinity, nor by any other bond recognized by law,
local customs and tradition.!
C.!
1. That the offender induces or delivers or offers a minor to anyone
prohibited under RA 7610.!
D.!
1. That the offender is the owner, manager or one trusted with the
operation of any public or private place of accommodation, whether
for occupancy, food, drink, or otherwise, including residential
places;!
2. That he allows any person to take along with him to such place or
places any minor herein descried.!
E.!
1. That the offender uses, coerces, forces or intimidates a street child
or any other child to:!
1. Beg or use begging as a means of living;!
2. Act as a conduit or middleman in drug trafficking or pushing;!
3. Conduct any illegal activities.!
F.!
1. That the offender is a teacher or administrator in a public school, a
probation officer, government lawyer, law enforcement officer,
barangay official, corrections officers and other government
officials and employees whose work involves dealing with children,
or is the administrator or head of the hospital, clines or similar
institution concerned;!
2. That he or she fails to report a possible case of child abuse.!
PROCEDURE!
Department to act within 48 hours upon receipt of a reported
incidence of child abuse.!
If there is sexual abuse, serious physical injury or life threatening
neglect of the child, the child will be immediately removed and put
under protective custody.!
WHO MAY FILE A COMPLAINT!

Offended party.!
Parents or guardians.!
Ascendant or collateral relative within 3rd degree of consanguinity.!
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Officeer, social worker or representative of a licensed child-caring

institution;!
Officer or social worker of the DSWD.!

Barangay chairman.!
Three concerned, responsible citizens where the offence was
committed.!
Notes:!
CHILDREN: persons below 18 years of age, or those over but are
unable to fully take care of themselves or protect themselves from
abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition.!
CHILD ABUSE: maltreatment, whether habitual or not, of the child.!
Psychological and physical abuse, neglect, cruelty, sexual abuse
and emotional maltreatment;!
Any act by deeds or words which debases, degrades or demeans
the intrinsic worth and dignity of a child as a human being;!
Unreasonable deprivation of his basic needs for survival, such as
food and shelter;!
Failure to immediately give medical treatment to an injured child
resulting in serious impairment of his growth and development or
in his permanent incapacity or death.!
When the victim is under 12 years of age:!
The penalties for murder, homicide, other intentional mutilation,
and serious physical injuries will be reclusion perpetua.!
The penalties for qualified seduction, acts of lasciviousness with
consent corruption of minors, white slave trade will be one degree
higher than that imposed by law.!
PRESUMPTION
OF GOOD FAITH: a person who reports a case of
child abuse shall be free from any civil or administrative liability, if

the reporting is done in good faith.!
PENALTY!
Prision minimum, for A.!
Prision mayor maximum and a fine where x > Php 50,000, for B.!
Prision mayor medium and a fine where x > Php 50,000, for C.!
Prision mayor medium and a fine where x > Php 50,000, for D.!
Prision correccional medium to reclusion perpetua, for E.!

Fine where x < Php 2,000, for F.!
!
!
!
Republic Act 9262 (Anti-Violence Against

Women and Their Children Act)!
Punishable acts:!
1. PHYSICAL VIOLENCE: acts that include bodily or physical harm.!
2. SEXUAL VIOLENCE: act which is sexual in nature, committed
against a woman or her child, including but not limited to:!
1. Rape, sexual harassment, acts of lasciviousness, treating a
woman or her child as a sex object, making demeaning and
sexually suggestive remarks, physically attacking the sexual
parts of the victims body, forcing her/him to watch obscene
publications and indecent shows or forcing the woman or her
child to do indecent acts and/or make fils thereof, forcing the
wife and mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser;!
2. Acts causing or attempting to cause the victim to engage in any
sexual activity by force, threat of force, physical or other harm
or threat of physical or other harm or coercion;!
3. Prostituting the woman or her child.!
3. PSYCHOLOGICAL VIOLENCE: acts or omissions causing or likely
to cause mental or emotional suffering of the victim such as but not
limited to intimidation, harassment, stalking, damage to property,
public ridicule or humiliation, repeated verbal abuse and marital
infidelity. It includes causing or allowing the victim to witness the
physical, sexual or psychological abuse of a member of the family
to which the victim belongs, or to witness pornography in any form
or to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of common
children.!
4. ECONOMIC ABUSE: acts that make or attempt to make a woman
financially dependent, including but not limited to:!
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1. Withdrawal of financial support or preventing the victim from

engaging in any legitimate profession, occupation, business or
activity except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in
Article 73 of the Family Code;!
2. Deprivation or threat of deprivation of financial resources and
the right to the use and enjoyment of the conjugal, community
or property owned in common;!
3. Destroying household property;!
4. Controlling the victims own money or properties or solely
controlling the conjugal money or properties.!
WHAT CAN WOMEN AND CHILDREN DO UNDER THE LAW!

Secure barangay protection order and/or temporary or permanent
protection order.!
PROTECTION ORDER: order prescribed in the Anti-VAWC Act to
prevent further abuse or violence against a woman and her child.
It also provides them relief from said abuse or violence.!
File and independent civil action for damages and criminal action for
the violation of the anti-VAWC Act.!
WHO MAY FILE THE PROTECTION ORDER!

Parent or guardian.!
Grandparents.!
Children and grandchildren.!
Relatives (aunts, uncles, cousins, in-laws).!
Local officials and DSWD social workers.!
Police.!
Lawyers.!
Counselors.!
Therapists.!
Health care providers (nurses, doctors, barangay health workers).!
Any two people who came from the city or municipality where VAWC
happened and who have personal knowledge of the crime.!
WHO ARE THE OFFENDERS!

Intimate partners.!
Husband or ex-husband.!
Live-in partner or ex-live-in partner.!
Boyfriend/girlfriend or ex-boyfriend/ex-girlfriend.!
Dating partner or ex-dating partner.!
Notes:!
VAWC: any act or a series of acts committed by any person against
a woman who is his wife, former wife, or against a woman with
whom the person has or has a sexual or dating relationship, or with
whom he has a common child, or against her child whether
legitimate or illegitimate, within or without the family abode, which
result in or is likely to result in physical, sexual, psychological harm
or suffering, or is likely to result in physical, sexual, psychological
harm or suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation of
liberty.!
CHILDREN: those below 18 years of age, or older but are incapable
of taking care of themselves.!
Includes the biological children of the victim and other children
under her care.!
DATING
RELATIONSHIP: one which has a romantic involvement.!
Women can also be found liable under this law.!

Lesbian partners/girlfriends or former partners of the victim with
whom she has or had a sexual or dating relationship.!
Acknowledged
the existence of the Battered Woman Syndrome.!
Custody of the children will go to the woman in every case, even if

she has BWS.!
A male spouse/ partner who is abused should file a complaint under
the RPC.!
PENALTY!
Imprisonment, the length of which depends on the gravity of the
crime, damages from Php 100,000 to Php 300,000, and to undergo
psychological or psychiatric treatment.!
!
!
!
17 of 43
Crimes Against Personal Liberty and

Security!
Article 267. Kidnapping and serious illegal

detention.!
Elements:!
1. That the offender is a private individual;!
2. That he kidnaps or detains another, or in any other manner
deprives the latter of his liberty;!
3. That the act of detention or kidnapping is illegal;!
4. That in the commission of the offense, any of the following
circumstances occur:!
1. The kidnapping lasts for more than 3 days;!
2. It is committed simulating public authority;!
3. Any serious physical injuries are inflicted upon the person
kidnapped or detained, or threats to kill him are made; or!
4. The person kidnapped or detained is a minor, female, or a
public officer.!
!
!
MAAM OC: CAN KIDNAPPING AND ILLEGAL DETENTION HAPPEN

INDIVIDUALLY OR DO THEY NECESSARILY HAPPEN TOGETHER?!
KIDNAPPING VS ILLEGAL DETENTION!

Act
Essence
Purpose
Kidnapping
Implies the
transporting of
the offended
party from one
place to the
another
To extort ransom
Is never
voluntary
Act
Essence
Illegal detention Implies that one

is restrained of
his liberty, no
necessary
transport
Purpose
Person is
transported not
for ransom
Can sometimes
be voluntary.
Sometimes
detention can
start legally.
THE VICTIM IN THIS CASE IS A WOMAN, AND SHE IS

TRANSPORTED FROM ONE PLACE TO ANOTHER!
Intent
Crime
With lewd designs
Forcible abduction
No lewd design or intent; just for

restraint of liberty
Serious illegal detention
To break her will, compel her to

agree to a demand or request
Grave coercion
Notes:!
This article defines one offense, committed in three different ways.!
Only one of the qualifying circumstances need to be present to
qualify the offense to serious illegal detention.!
If the victim is a woman or a public officer, the crime is always
serious, no matter the period of detention.!
If a parent kidnaps his/her minor child, the liability is provided for in
the last paragraph of Article 271 of the RPC and the appropriate
remedy is a petition for habeas corpus.!
COMPOSITE CRIMES!
Kidnapping with homicide uses homicide as a generic term. It
does not matter if the purpose of the kidnapping was to kill the
victim\.!
Kidnapping with rape means that no matter how many times the
victim was raped, there will only be one kidnapping with rape.!
Kidnapping with physical injuries embraces the possibility of a
victim being subjected to torture.!
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PENALTY!
Death, where the kidnapping was for the purpose of extorting
ransom.!
Maximum penalty, where the victim is killed or dies as a
consequence of the detention.!
!
!
!
Article 268. Slight illegal detention.!
Elements:!
1. That the offender is a private individual;!
2. That he kidnaps or detains another, or in any other manner
deprives him of his liberty;!
3. That the act of kidnapping or detention is illegal;!
4. That the crime is committed without the attendance of any of the
circumstances enumerated in Article 267.!
MITIGATING CIRCUMSTANCES: all must concur!

The offended party is voluntarily released within 3 days from the
start of the illegal detention;!
Without attaining the purpose;!
Before the institution of the criminal action.!
Notes:!
RANSOM: money, price or consideration paid or demanded for
redemption of a captured person/s.!
Article 269. Unlawful arrest.!

Elements:!
1. That the offender arrests or detains another person;!
2. That the purpose of the offender is to deliver him to the proper
authorities;!
3. That the arrest or detention is not authorised by law or there is no
reasonable ground therefor.!
Notes:!
The offended party may also be detained but the crime is not illegal
detention because the purpose is to prosecute the person arrested.
The detention is incidental!
If a private individual arrests a person and does not deliver such
person to the authorities, the criminal liability incurred is that of
illegal detention.!
This may also be committed by public officers.!
PENALTY!
Arresto mayor and a fine where x < Php 500.!
!
!
!
UNLAWFUL ARREST AND DELAY IN THE DELIVERY OF

DETAINED PERSONS TO THE PROPER JUDICIAL AUTHORITY:
COMPARED!
Unlawful arrest
Delay in the delivery of detained

persons to the proper judicial
authority
Article 125
Article 269
The detention is not authorised by

law.
The detention is for some legal

ground.
PENALTY!
Reclusion temporal.!
Same as above for he who furnishes the place for perpetration.!
Prision mayor in its minimum and medium periods and a fine where
x < Php 700, if all privileged mitigating circumstances concur.!
!
!
!
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Unlawful arrest
Delay in the delivery of detained

persons to the proper judicial
authority
The crime is committed by making

an arrest not authorised by law.
The crime is committed by failing to

deliver such person to the proper
judicial authority within a certain
period of time.
!
!
!
PENALTY!
Prision correccional and a fine where x < Php 700.!
Arresto mayor, or a fine where x < Php 300, if the privileged
mitigating circumstance applies.!
!
!
!
ILLEGAL DETENTION, KIDNAPPING AND FAILURE TO RETURN A

MINOR AND INDUCING A MINOR TO ABANDON HIS HOME:
COMPARED, THE VICTIM IN THIS CASE IS A CHILD!
Illegal detention
Kidnapping and
Inducing a minor to
failure to return a abandon his home
minor
Offender
Any person
A person entrusted Any person

with the custody of
a minor person
Gravame
n
Kidnaps and
detains the minor
against his will
taking.
Deliberately fails
to restore the
minor to his
parents/guardians
continued
possession.
Induces the minor to

abandon the home
possession/taking not
necessary.
Victim
Any minor
A minor entrusted
to the offenders
custody
A minor living in the

home of his parents or
guardians.
Article 270. Kidnapping and failure to return

a minor.!
Elements:!
1. That the offender is entrusted with the custody of a minor person.!
2. That he deliberately fails to restore the said minor to his parents or
guardians.!
PENALTY!
Reclusion perpetua.!
!
!
!
!
!
!
MAAM OC: CAN A PARENT BE A KIDNAPPER?!
Article 271. Inducing a minor to abandon his

home.!
Elements:!
1. That a minor is living in the home of his parents or guardians of the
person entrusted with his custody;!
2. That the offender induces said minor to abandon such home.!
PRIVILEGED MITIGATING CIRCUMSTANCE!
The offender is the father or mother of the minor.!
!
!
!
Article 272. Slavery.!
Elements:!
1. That the offender purchases, sells, kidnaps or detains a human
being;!
2. That the purpose of the offender is to enslave such human being.!
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Notes:!
In this crime, the victim is the offenders property. Labor has no
compensation.!
Article 274. Services rendered under

compulsion in payment of debt.!
PENALTY!
Prision mayor and a fine where x < Php 10,000.!
Maximum period, if the crime was committed for the purpose of
assigning the offended party to some immoral traffic.!
Elements:!
1. That the offender compelled a debtor to work for him, either as a
household servant or farm laborer;!
2. That is it against the debtors will;!
3. That the purpose is to require or enforce the payment of a debt.!
!
!
!
ILLEGAL DETENTION, SLAVERY AND WHITE SLAVE TRADE:

COMPARED!
Crime
Purpose
Illegal detention
To restrain
Slavery
To enslave
White slave trade
Offender is engaged in prostitution
!
!
!
PENALTY!
Arresto mayor maximum to prisin correccional minimum.!
!
!
!
SLAVERY, EXPLOITATION OF CHILD LABOR AND SERVICES

RENDERED UNDER COMPULSION IN PAYMENT OF DEBT:
COMPARED!
Slavery
Exploitation of
child labor
Services
rendered under
compulsion in
payment of debt
Victim
Any human being A minor
A debtor
Article 273. Exploitation of child labor.!
Act
Elements:!
1. That the offender retains a minor in his services;!
2. That it is against the will of the minor;!
3. That it is under the pretext of reimbursing himself of a debt incurred
by an ascendant, guardian or person entrusted with the custody of
such minor.!
PENALTY!
Prision correccional minimum to medium and a fine where x < Php
500.!
Purchase, sell,
kidnap or detain
Retain in his
services
Made to work
either as a
household
servant or farm
laborer
Purpose
To enslave
To pay the debt

of an ascendant
or person
entrusted with
custody of the
minor/victim
To pay the debt

of the victim
Does the labor

have value?
NO
YES
YES
!
!
!
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ACT 1
ACT 2
ACT 3
Article 275. Abandonment of persons in

danger and abandonment of ones own
victim.!
Failing to render
assistance
Failing to help or render

assistance
Failing to deliver a
child to safety
Acts punished:!
1. By failing to render assistance to any person whom the offender
finds in an uninhabited place wounded or in danger of dying when
he can render such assistance without detriment to himself, unless
such omission shall constitute a more serious offense.!
1. The place is not inhabited;!
2. The accused found there a person wounded or in danger of
dying;!
3. The accused can render assistance without detriment to
himself;!
4. The accused fails to render assistance.!
2. By failing to help or render assistance to another whom the
offender has accidentally wounded or injured;!
3. By failing to deliver a child, under 7 years of age, whom the
offender has found abandoned, to the authorities or to his family, or
by failing to take him to a safe place.!
4.
DIFFERENT ACTS IN ABANDONMENT OF PERSONS IN DANGER
AND ABANDONMENT OF ONES OWN VICTIM: COMPARED!
ACT 1
ACT 2
ACT 3
The person in need of

help is found, in danger
of dying
The person in need of

help was accidentally
wounded or injured by
the offender
A child under 7 years

of age, found
abandoned
In an uninhabited place
Anywhere
Anywhere
Accused can render

assistance without
detriment to himself
Immaterial
Immaterial
* The offender does not need to know that the minor is below 7 years.!
PENALTY!
Arrestor mayor.!
!
!
!
Article 276. Abandoning a minor.!
Elements:!
1. That the offender has the custody of a child;!
2. That the child is under 7 years of age;!
3. That he abandons such child;!
4. That he has no intent to kill the child when the latter is abandoned.!
AGGRAVATING CIRCUMSTANCES:!
1. When the death of the minor resulted from such abandonment;!
2. If the life of the minor was in danger because of the abandonment.!
Notes:!
This article does not apply when there is intent to kill.!
The abandonment must be permanent, conscious and deliberate.!
PENALTY!
Prision correccional medium to maximum, if the first aggravating
circumstance is present.!
Prision correccional minimum to medium, if the second aggravating
circumstance is present.!
!
!
!
22 of 43
Article 277. Abandonment of minor by

person entrusted with his custody;
indifference of parents.!
Acts punished:!
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;!
1. That the offender has charge of the rearing or education of a
minor;!
2. That he delivers said minor to a public institution or other
persons;!
3. That 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 (offenders) children by not giving them the
education which their station in life requires and financial condition
permits.!
1. That the offender is a parent;!
2. That he neglects his children by not giving them education;!
3. That his station in life requires such education and his financial
condition permits it.!
2. Employing children under 16 years of age who are not the children
or descendants of the offender in exhibitions of acrobat, gymnast,
rope-walker, diver, or wild-animal tamer, the offender being an
acrobat, etc., or circus manager or engaged in a similar calling;!
3. Employing any descendant under 12 years of age in dangerous
exhibitions enumerated in the next preceding paragraph, the
offender being engaged in any of the said callings;!
4. Delivering a child under 16 years of age gratuitously to any person
following any of the callings enumerated in paragraph 2, or to any
habitual vagrant or beggar, the offender being an ascendant,
guardian, teacher or person entrusted in any capacity with the care
of such child; and!
5. Inducing any child under 16 years of age to abandon the home of
its ascendants, guardians, curators or teachers to follow any
person engaged in any of the callings mentioned in paragraph 2 or
to accompany any habitual vagrant or beggar, the offender being
any person.!
EXPLOITATION OF MINORS: SUMMARY OF ACTS PUNISHED!

Offender
ACT 1 Any person
Victim
Act
Boy or girl under

16 years of age
Cause to perform
dangerous feat of
balancing, physical
strength, contortion
PENALTY!
!
!
!
Article 278. Exploitation of minors.!
Acts punished:!
1. Causing any boy or girl under 16 years of age to perform any
dangerous feat of balancing, physical strength or contortion, the
offender being any person;!
ACT 2 An acrobat, gymnast, Chid under 16

rope-walker, diver,
years of age
wild-animal tamer,
circus manager or
engaged in a similar
calling!
Stranger to the
victim
Employing for
exhibitions
23 of 43
Offender
Victim
Act
ACT 3 An acrobat, gymnast,

rope walker, diver,
wild animal tamer,
circus manager or
engaged in a similar
calling!
Victims ascendant
Descendant of
the offender
under 12 years of
age
Employing for
exhibitions
ACT 4 An ascendant,
guardian, teacher or
person entrusted in
any capacity with the
care of such child
Child under 16
years of age
ACT 5 Any person
Child under 16
years of age
ACT 6 Any person
Child below 18
years of age
consideration of any price, compensation, or promise.!
!
!
!
Article 280. Qualified trespass to dwelling.!
Delivering a child
gratuitously to:!
Any acrobat, gymnast,
rope-walker, diver, wild
animal tamer, circus
manager or engaged in
a similar calling!
Any habitual vagrant or
beggar
Inducing to abandon
the home of its
ascendants, guardians,
curators or teachers:!
To follow any person
engaged in any of the
callings mentioned
above!
To accompany any
habitual vagrant or
beggar
**any not covered by
the above will still be
subject to RA 7610
PENALTY!
Prision correccional minimum to medium and a fine where x < Php
500.!
Maximum period, if the delivery in 4 shall have been made in
Elements:!
1. That the offender is a private person;!
2. That he enters the dwelling of another;!
3. That such entrance is against the latters will.!
ABSOLUTORY CAUSES:!
1. When the purpose of the entrance is to prevent serious harm to
himself, the occupant or third persons;!
2. When the purpose of the offender in entering is to render some
service to humanity or justice;!
3. Anyone who shall enter cafes, taverns, inns and other public
houses while they are open.!
PENALTY!
Arresto mayor and a fine where x < Php 1,000.!
Prision correccional medium to maximum and fine where x < Php
1,000, if the offense was committed by means of violence or
intimidation.!
!
!
!
Article 281. Other forms of trespass.!
Elements:!
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 is manifest;!
4. That the trespasser has not secured the permission of the owner or
the caretaker thereof.!
24 of 43
PENALTY!
Arresto menor or a fine where x < Php 200, or both.!
!
!
!
QUALIFIED TRESPASS TO DWELLING AND TRESPASS TO
PROPERTY/OTHER FORMS OF TRESSPASS: COMPARED!
Qualified trespass to
dwelling
Trespass to property/
Other forms of
trespass
Provision
Article 280
Article 281
Offender
Any private person
Any person
Act
Entering against the

will of the owner
Entering without
securing the
permission of the
owner.
What
Dwelling of another
Closed premises or
fenced estate of
another
Status of what is
entered
Inhabited
Uninhabited
Consent status
Implied prohibition
Manifest prohibition
against entering!
Qualification
Breaks in with force

and violence
!
!
!
!
MAAM OC: DISTINGUISH GRAVE THREATS AND GRAVE COERCION
WELL.!
Article 282. Grave threats.!

Acts punished:!
1. Threatening another with the infliction upon his person, honour or
property, or that of his family, of any wrong amounting to a crime
and demanding money or imposing any other condition, even
though not unlawful, and the offender attained his purpose;!
2. Making such threat without the offender attaining his purpose;!
3. Threatening another with the infliction upon his person, honour or
property, or that of his family of any wrong amounting to a crime,
the threat not being subject to a condition.!
Notes:!
Threat is a declaration of an intention.!
The offence is characterised by moral pressure. The threats must
refer to a future wrong and is committed by acts or through words of
such efficiency to inspire fear or terror upon another.!
The offended party does not need to do anything to consummate the
offense.!
PENALTY!
Penalty next lower in degree than that prescribed by law for the
crime he threatened to commit, if the offender shall have made the
threat demanding money or imposing any other condition.!
!
!
!
Article 283. Light threats.!
Elements:!
1. That the offender makes a threat to commit a wrong;!
2. That the wrong does not constitute a crime;!
3. That there is a demand for money or that other condition is
imposed, even though not unlawful;!
4. That the offended has attained his purpose or, that he has not
attained his purpose.!
!
!
25 of 43
PENALTY!
Arresto mayor.!
!
!
!
Article 285. Other light threats.!
Acts punished:!
1. Threatening another with a weapon, or by drawing such weapon in
a quarrel, unless it be in lawful self-defense;!
2. Orally threatening another, in the heat of anger, with some harm
constituting a crime, without persisting in the idea involved in his
threat;!
3. Orally threatening to do another any harm not constituting a felony.!
PENALTY!
Arresto menor minimum or a fine where x < Php 200.!
!
!
!
GRAVE THREATS AND LIGHT THREATS: COMPARED!
Grave threats
Light threats
Provision
Article 282
Article 283
Wrong threatened
Amounts to a crime
Not a crime
!
!
!
Article 286. Grave coercions.!
Acts punished:!
1. Preventing another, by means of violence, threats or intimidation,
from doing something not prohibited by law;!
2. Compelling another, by 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 by law, or that he compelled the latter to do something
against his will be it right or wrong;!
2. That the prevention or compulsion be effected by violence, threats
or intimidation; and!
3. That the person that restrained the will and liberty of another had
not the authority of law or the right to do so, or in other words, that
the restraint shall not be made under authority of law or in the
exercise of any lawful right.!
!
!
!
Article 287. Light coercions.!
Elements:!
1. That the offender must be a creditor;!
2. That he seizes anything belonging to his debtor;!
3. That the seizure of the thing be accomplished by means of
violence or a display of material force producing intimidation;!
4. That the purpose of the offender is to apply the same to the
payment of the debt.!
Notes:!
UNJUST VEXATION: any act committed without violence, but which
unjustifiably annoys or vexes an innocent person.!
!
!
!
THREAT AND COERCION: COMPARED!
Threat
Coercion
Provisions
Articles 282, 283, 285
Article 286, 287
Nature of harm
Future and conditional.
Direct and personal.
26 of 43
Threat
How to consummate The offended party does
not need to do anything.
Coercion
The offended party must
do something,
!
!
!
Article 288. Other similar coercions.!
Acts punished:!
1. Forcing or compelling, directly or indirectly, or knowingly permitting
the forcing or compelling of the labourer or employee of the
offender to purchase merchandise of commodities of any kind from
him;!
1. That the offender is any person, agent or officer of any
association or corporation;!
2. That he or such firm or corporation has employed labourers or
employees;!
3. That he forces or compels, directly or directly, or knowingly
permits to be forced or compelled, any of his labourers or
employees to purchase merchandise or commodities of any
kind from him or from said firm or corporation.!
2. Paying the wages due his labourer or employee by means of
tokens or objects other than the legal tender currency of the
Philippines, unless expressly required by such labourer or
employee.!
1. That the offender pays the wages due a labourer or employee
employed by him by means of tokens or object;!
2. That those tokens or objects are other than the legal tender
currency of the Philippines;!
3. That such employee or labourer does not expressly request
that he be paid by means of tokens or objects.!
!
!
!
Article 289. Formation, maintenance, and

prohibition of combination of capital or labor
through violence or threats.!
Elements:!
1. That the offender employs violence or threats, in such a degree as
to compel or force the labourers or employers in the free and legal
exercise of their industry or work;!
2. That the purpose is to organize, maintain or prevent coalitions of
capital or labor, strike of labourers or lockout of employers.!
!
!
!
Article 290. Discovering secrets through

seizure of correspondence.!
Elements:!
1. That the offender is a private individual, or a public office not in the
exercise of his official function;!
2. That he seizes papers or letters of another;!
3. That the purpose is to discover the secrets of such another person;!
4. That the offender is informed of the contents of the papers or the
letters seized.!
EXCEPTIONS:!
Parents, guardians, or person entrusted with the custody of minors
placed under their care or custody!
Spouses with respect to the papers or letters of either of them!
Teachers, other persons entrusted with care & education of minors.!
!
!
!
!
!
27 of 43
Article 291. Revealing secrets with abuse of

office.!
Elements:!
1. That the offender is a manager, employee or servant;!
2. That he learns the secrets of his principal or master in such
capacity;!
3. That he reveals such secrets.!
Notes:!
There is liability regardless of whether or not there was damage.!
The essence of this crime is the abuse of confidence.!
!
!
!
Article 292. Revelation of industrial secrets.!
Elements:!
1. That the offender is a person in charge, employee or workman of a
manufacturing or industrial establishment;!
2. That the manufacturing or industrial establishment has a secret of
the industry which the offender has learned;!
3. That the offender reveals such secrets.!
4. That prejudice is caused to the owner.!
!
!
!
Crimes Against Property!
!
Article 293. Who are guilty of robbery.!
Elements of robbery in general:!

1. That there is personal property belonging to another;!
2. That there is unlawful taking of that property;!
3. That the taking must be with intent to gain; and!
4. That there is violence against or intimidation of any person, or force
upon anything.!
Example:!
- A, B and C decide to commit a robbery, which turned out to be a
boarding house. There were different aggrieved parties.!
- How many counts of robbery are there? There is only one. They
were only impelled by one criminal intent to rob.!
!
!
!
Article 294. Robbery with violence against or

intimidation of persons.!
Acts punished:!
1. When by reason or on occasion of the robbery, the crime of
homicide is committed;!
2. When the robbery is accompanied by rape or intentional mutilation
or arson;!
3. When by reason of or on occasion of such robbery, any of the
physical injuries resulting in insanity, imbecility, impotency or
blindness is inflicted;!
4. When by reason or on occasion of the robbery, any of the physical
injuries resulting in the loss of the use of speech or the power to
hear or to smell, or the loss of an eye, a hand, a foot, an arm, or a
leg or the loss of the use of any such member or incapacity for the
work in which the injured person is theretofore habitually engaged
is inflicted;!
5. If the violence or intimidation employed in the commission of the
robbery is carried to a degree unnecessary for the commission of
the crime;!
6. When in the course of its execution, the offender shall have
inflicted upon any person not responsible for the commission of the
robbery any of the physical injuries in consequence of which the
person injured becomes deformed or loses any other member of
his body or loses the use thereof or becomes ill or incapacitated for
the performance of the work in which he is habitually engaged for
more than 90 days or the person injured becomes ill or
incapacitated for labor for more than 30 days;!
28 of 43
7. If the violence employed by the offender does not cause any of the
serious physical injuries defined in Article 263, or if the offender
employs intimidation only.!
ROBBERY WITH HOMICIDE (Act 1)!

homicide: used in the generic sense. Any kind of killing by reason
or on the occasion of a robbery will bring about the crime of robbery
with homicide.!
As long as there is only one robbery, there is only one crime of
robbery with homicide, irrespective of how many people were killed.!
It is immaterial who gets killed. As long as someone dies, it is
robbery with homicide. It can be one of the robbers, one of the
offended parties, or a bystander.!
It does not matter how the person died. Even if the killing was a
result of negligence, the crime will still be robbery with homicide. It is
only the result that matters.!
The homicide must be committed by reason or on occasion of the
robbery in the course or because of the robbery.!
MOTIVE IS WHAT SETS ROBBERY WITH HOMICIDE APART FROM

OTHER INCARNATIONS OF KILLING AND ROBBING!
Motive
Subsequent action
Crime
To kill
Taking
Homicide/murder, theft
To kill
Robbery
Homicide/murder, robbery
To rob
Kill, because victim

gave chase
Robbery with homicide
* The intent to commit robbery must precede the taking of human life.!
Example:!
- A hated B. A killed her. A saw that B had a nice watch and took it.!
- What is the crime? Homicide/murder and theft. The person is
already dead when the taking was done, and the killing of the B
was not for the purpose of robbing her.!
ROBBERY WITH RAPE (Act 2)!

The RPC does not differentiate whether the rape was committed
before, during or after the robbery. It is enough that the robbery
accompanied the rape. Robbery must not be a mere afterthought.!
STAGES OF RAPE IN RELATION TO THE COMPOSITE CRIME!

Rape: Stage of commission
Charge
Consummated
Robbery with rape
Attempted
Robbery, attempted rape
ROBBERY WITH PHYSICAL INJURIES (Act 3 and 4)!

The physical injuries must always be serious. If the physical injuries
are less serious or slight, they are absorbed in the robbery.!
If the physical injuries inflicted are those under subdivision 1 and 2
of Article 263, even though the physical injuries were inflicted upon
one of the robbers themselves, even if it had been inflicted after the
robbery was consummated, the crime will still be robbery with
serious physical injuries.!
Example:!
- A and B robbed C. While fighting over the loot, A sliced into Bs face
causing a deformity.!
- What is the crime? A and B will be charged with robbery for what
they did to C, and A will be charged with serious physical injuries
for what she did to B. The injury caused falls under subdivision 3
of Article 263, which means it must be inflicted on a nonparticipant and must have been inflicted in the course of the
execution of the robbery!
!
!
MAAM OC: WHAT HAPPENS IF THERE IS A ROBBERY AND THERE IS A

KILLING, A RAPE, AND SERIOUS PHYSICAL INJURIES ARE INFLICTED? !
ROBBERY WITH ARSON!

The intent must still be to rob.!
29 of 43
Article 295. Robbery with physical injuries,

committed in an uninhabited place and by a
band.!
Robbery with violence against or intimidation of persons is qualified if it
is with physical injuries and if it is committed!
1. In an uninhabited place;!
2. By a band;!
3. By attacking a moving train, street car, motor vehicle, or airship;!
4. By entering the passengers compartments in a train, or in any
manner taking the passengers thereof by surprise in the respective
conveyances; or!
5. On a street, road, highway or alley, and the intimidation is made
with the use of firearms the offender shall be punished by the
maximum periods of the proper penalties prescribed in Article 294!
!
!
!
Article 296. Robbery by a band.!
Requisites for liability:!

1. That he was a member of the band;!
2. That he was present at the commission of a robbery by that band;!
3. That the other members of the band committed an assault;!
4. That he did not attempt to prevent the assault.!
Notes:!
BAND: at least four armed malefactors taking part in the commission
of a robbery.!
!
!
!
!
Article 298. Execution of deeds by means of

violence or intimidation.!
Elements:!
1. That the offender has intent to defraud another;!
2. That the offender compels him to sign, execute, or deliver any
public instrument or document.!
3. That the compulsion is by means of violence of intimidation.!
!
!
!
Article 299. Robbery in an inhabited house or

public building or edifice devoted to worship.!
Elements under subdivision (a)!
1. That the offender entered an inhabited house or public building;!
2. That the entrance was effected by any of the following means:!
1. Through an opening not intended for entrance or egress;!
2. By breaking any wall, roof or floor, or breaking any door or
window;!
3. By using false keys, picklocks or similar tools; or!
4. By using any fictitious name or pretending the exercise of
public authority!
3. That once inside the building, the offender took personal property
belonging to another with intent to gain.!
Elements under subdivision (b)!

1. That the offender is inside a dwelling house, public building, or
edifice devoted to religious worship, regardless of the
circumstances under which he entered it;!
2. That the offender takes personal property belonging to another with
intent to gain, under any of the following circumstances:!
1. By the breaking of doors, wardrobes, chests, or any other kind
of locked or sealed furniture or receptacle; or!
2. By taking such furniture or objects away to be broken or forced
open outside the place of the robbery.!
!
30 of 43
Notes:!
FORCE UPON THINGS: requires some element of trespass into the
establishment where the robbery was committed. There must be
entry. If no entry was effected, the crime will only be theft.!
Even if there is a breaking of wall, roof, floor or window, if the
offender did not enter, it is not robbery with force upon things.!
If the entering does not characterise the taking as one of robbery
with force upon things, it is the conduct inside that would give rise to
the robbery if there would be a breaking of sealed, locked or closed
receptacles or cabinet.!
Use of picklocks or false keys refers to the entering into the
premises.!
Example:!
- Certain men pretended to be from the Price Control Commission
and went to a warehouse purportedly to see if the private person is
hoarding essential commodities there. The guard obliged. They went
inside and broke in. They loaded some of the merchandise inside
claiming that it is the product of hoarding and then drove away.!
- What crime was committed? It is only theft. They employed the
simulation of public authority. Taking was done not in an inhabited
house, a public building or a place devoted to religious worship.!
!
!
!
Article 301.!
Notes:!
INHABITED HOUSE: any shelter, ship, or vessel constituting the
dwelling of one or more persons, even though the inhabitants shall
temporarily be absent therefrom when the robbery is committed.!
PUBLIC BUILDING: includes every building owned by the
government or belonging to a private person but used or rented by
the government, although temporarily unoccupied by the same.!
DEPENDENCIES OF AN INHABITED HOUSE, PUBLIC BUILDING,
OR BUILDING DEDICATED TO RELIGIOUS WORSHIP: all interior
courts, corrals, warehouses, granaries, barns, coachhouses,
stables, or other departments, or enclosed interior entrance

connected therewith and which form part of the whole.!
!
!
!
Article 302. Robbery in an uninhabited place

or in a private building.!
Elements:!
1. That the offender entered an uninhabited place or a building which
was not a dwelling house, not a public building, or not an edifice
devoted to religious worship;!
2. That any of the following circumstances was present:!
1. The entrance was effected through an opening not intended for
entrance or egress;!
2. A wall, roof, floor, or outside door or window was broken;!
3. The entrance was effected through the use of false keys,
picklocks or other similar tools;!
4. A door, wardrobe, chest, or any sealed or closed furniture or
receptacle was broken; or!
5. A closed or sealed receptacle was removed, even if the same
be broken open elsewhere.!
3. That the offender took therefrom personal property belonging to
another with intent to gain.!
!
!
!
ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF

PERSONS AND ROBBERY WITH FORCE UPON THINGS:
COMPARED!
Violence against or
intimidation of
persons
What is taken into The extent of damage/
account/how does injury to the persons
it become robbery involved.
Force upon things
Means of entrance!
Means of taking personal
property from within
31 of 43
Violence against or
intimidation of
persons
Force upon things
The taking is complete

when the offender has
possession, even if he
has no opportunity to
dispose of it.
The things must be brought

outside the building, in
paragraph 2.
Value of what is
taken
Immaterial to the
penalty
If inhabited: value +
carrying of arms.!
If uninhabited: only value.
Effect of arson
Arson can be a
component and the
crime is composite.
Arson is not a component

and two distinct crimes will
be committed.
When
consummated
!
!
!
Republic Act 6539 (Anti-Carnapping Law)!
Elements:!
1. That there is a motor vehicle belonging to another;!
2. That the offender takes such motor vehicle;!
3. That the taking was !
1. Without the consent of the owner; or!
2. By means of violence or intimidation of persons; or!
3. By using force upon things.!
Qualified theft (Article 310)
Owner yielded material or physical

possession to the offender.
Estafa (Article 315b)
Owner yielded juridical possession to

the offender.
!
!
!
Article 304. Possession of picklock or similar

tools.!
Elements:!
1. That the offender has in his possession picklocks or similar tools;!
2. That such picklock or similar tools are especially adopted to the
commission of robbery;!
3. That the offender does not have lawful cause for such possession.!
!
!
!
Article 305.!
What are false keys!

1. Tools mentioned in Article 304;!
2. Genuine keys stolen from the owner;!
3. Any key other than those intended by the owner for use in the lock
forcibly opened by the offender.!
How the offender came to possess

the motor vehicle
!
!
!
Offender takes!
Without the consent of the owner;!
By means of violence or
intimidation;!
By using force upon things.
Elements:!
1. That there are at least four armed persons;!
2. That they formed a band of robbers;!
3. That the purpose is any of the following:!
THERE IS A MOTOR VEHICLE !
Carnapping (RA 6539)
How the offender came to possess

the motor vehicle
Article 306. Who are brigands.!
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1. To commit robbery in the highway;!

2. To kidnap persons for the purpose of extortion or to obtain
ransom; or!
3. To attain by means of force and violence any other purpose.!
!
!
!
Article 307. Aiding and abetting a band of

brigands.!
Elements:!
1. That there is a band of brigands;!
2. That the offender knows the band to be of brigands;!
3. That the offender does any of the following acts:!
1. He in any manner aids, abets or protects such band of
brigands;!
2. He gives them information of the movements of the police or
other peace officers of the government; or!
3. He acquires or receives the property taken by such brigands.!
!
!
!
Presidential Decree 532 (Anti-Highway

Robbery)!
!
!
MAAM OC: DID PD 532 AMEND, REPEAL OR MODIFY OR WHATEVER

ARTICLE 306?!
Elements of piracy:!
1. That the offender !
1. Attacks or seizes any vessel; or!
2. Takes away whole or part of its cargo, equipment or the
personal belongings of its complement or passengers.!
2. That the offense is committed by means of violence against or
intimidation of persons or force upon things;!
3. That the offense is committed in Philippine waters.!
Elements of highway robbery:!

1. That the offender !
1. Seizes any person for ransom, extortion or other unlawful
purposes; or!
2. takes away the property of another.!
2. That the offense is committed on any Philippine highway.!
Notes:!
PHILIPPINE WATERS: all bodies of water around, between and
connecting each of the islands of the Philippine Archipelago, and all
other waters belonging to the Philippines over which the Philippines
has sovereignty or jurisdiction.!
VESSEL: Any vessel or watercraft used for transport of passengers
and cargo from one place to another through Philippine waters.!
PHILIPPINE HIGHWAY: any road, street, passage, highway and
bridges or other parts thereof, or railway or railroad within the
Philippines, used for the movement of persons or circulation of
goods.!
!
!
!
ARTICLE 306 (BRIGANDAGE) AND PRESIDENTIAL DECREE 532
(ANTI HIGHWAY ROBBERY): COMPARED!
Brigandage
Highway robbery
Source
RPC, Article 306
PD 532
Number of
offenders
More than 3 armed persons
One or more
Victim
Predetermined
The victim is random
Distinguishing
feature
Formation of a group for the

purpose of committing robbery
in the highway, kidnapping for
extortion or ransom, or any
other purpose to be attained by
force and violence
Indiscriminate conduct
of a robbery;
presumably the
malefactors are
habitually engaged
33 of 43
Brigandage
Highway robbery
Gravamen of
the offense
Mere forming of the band
Actual commission of
the robbery on the
highway
Effect of
carrying an
unlicensed
firearm
Presumption of being a
brigand attaches!
The penalty is in the
maximum period.
No presumption
attaches
!
!
!
Article 308. Who are liable for theft.!
Elements:!
1. That there is taking of personal property;!
2. That the property taken belongs to another;!
3. That the taking was done with intent to gain;!
4. That the taking was done without the consent of the owner;!
5. That the taking is accomplished without the use of violence against
or intimidation of persons or force upon things.!
Persons liable:!
1. Those who, with intent to gain, but without violence against or
intimidation of persons nor force upon things, take personal
property of another without the latters consent;!
2. Those who, having found lost property, fails to deliver the same to
the local authorities or to its owner;!
3. Those who, after having maliciously damaged the property of
another, remove or make use of the fruits or objects of the damage
caused by them;!
4. Those who enter an enclosed estate or a field where trespass is
forbidden or which belongs to another and, without the consent of
its owner, hunt or fish upon the same or gather fruits, cereals or
other forest or farm products.!
Presidential Decree 1612 (Anti-Fencing Law)!

Elements:!
1. That there is a theft or robbery;!
2. That the offender buys, receives, possesses, keeps, acquires,
conceals, sells or disposes of, or shall buy and sell, or in any other
manner deals in any article, item, object, or anything of value;!
3. That the offender knows that such article, item, object or thing of
value, or should know, has been derived from the proceeds of the
crime of robbery or theft.!
Notes:!
Fencing is not a continuing offense. The place where the theft or
robbery was committed is inconsequential.!
PRIMA FACIE EVIDENCE OF FENCING: mere possession of
anything of value which has been subject of theft or robbery.!
PRESUMPTION: a possessor of stolen goods is presumed to have
knowledge that the goods found in his possession were stolen.!
The offense is malum prohibitum, so intent is immaterial.!
Knowledge refers to a mental state of awareness about a fact.!
PRESIDENTIAL DECREE 1612 (ANTI-FENCING LAW): EFFECT!

Pre-PD 1612 World
Post-PD 1612 World
The fence could only be prosecuted

for, and held liable as, an accessory.
The fence became a principal.
The penalty applicable to an

accessory is light under the rules of
the RPC.
The penalty became higher than that

prescribed by the RPC, based on the
value of the property.
!
!
!
Article 310. Qualified theft.!
QUALIFYING CIRCUMSTANCES:!
1. That the theft was committed by a domestic servant;!
2. That the theft was committed with grave abuse of confidence;!
34 of 43
3. That the property stolen is a motor vehicle, mail matter, or large

cattle;!
4. That the property stolen consist of coconuts taken form the
premises of a plantation;!
5. That the property stolen is fish taken from a fishpond or fishery; or!
6. That the property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or any other calamity, vehicular
accident, or civil disturbance.!
!
!
!
Presidential Decree 533 (Anti-Cattle Rustling

Law)!
Punishable acts!
1. The taking, by any means, method or scheme of any large cattle,
with or without intent to gain and whether committed with or without
violence against or intimidation of persons or force upon things, so
long as the taking is without the consent of the owner.!
2. The killing or destruction of large cattle without the consent of the
owner.!
Elements for punishable act 1:!

1. That the offender takes, by any means, method or scheme, any
large cattle;!
2. That the large cattle belongs to another;!
3. That the taking is done without the consent of the owner.!
Elements for punishable act 2:!

1. That the offender kills or destroys large cattle;!
2. That the large cattle belongs to another;!
3. That the killing or destruction is done without the consent of the
owner.!
Notes:!
PD 533 is not a special law in the context of Article 10 of the RPC. It
merely modified the penalties for theft of large cattle.!
ARTICLE 310 (QUALIFIED THEFT) AND PRESIDENTIAL DECREE

533 (ANTI-CATTLE RUSTLING): COMPARED!
Qualified theft (of
cattle)
Cattle rustling
Source
RPC, Article 310
PD 533
Application
Large cattle is received The large cattle is

by the offender from the taken, killed, or
owner, not taken.
destroyed.
!
!
!
Presidential Decree 330 (Anti-Timber

Smuggling and Illegal Logging from Public
Forests and Forest Reserves)!
WHO ARE LIABLE!
Natural persons!
Juridical persons!
Guilty officer or officers of the corporation, firm, partnership or
association.!
Elements:!
1. That the offender cuts, gathers, removes or smuggles timber or
other forest products;!
2. That the subject timber or forest product comes from !
1. Public forest, forest reserves, other kinds of public forests,
whether license or lease; or!
2. Any privately owned forest lands, in violation of existing laws,
rules and regulations.!
!
!
!
35 of 43
Presidential Decree 705 (Anti-Illegal Logging,

Revising the Forestry Reform Code of the
Philippines)!
Acts punished:!
1. Cutting gathering collection or removing of timber or other forest
products from any forest land without authority;!
2. Cutting, gathering, collecting or removing of timber from alienable
or disposable public land or from private land;!
3. Possession of timber or other forest products without the legal
documents as required under existing forest laws and regulations.!
Elements of act punished (1):!

1. That there must be cutting, gathering, collecting or removing of
timber or other forest products;!
2. That the timber or other forest products is cut, gathered, collected
or removed from any forest land;!
3. That the cutting, gathering collecting or removing is without
authority.!
Elements of act punished (2):!

1. That there must be cutting, gathering, collecting or removing of
timber;!
2. That the timber is cut, gathered, collected or removed from
alienable or disposable public land or from private land;!
3. That the cutting, gathering, collecting or removing is without
authority.!
Elements to act punished (3):!

1. That the offender possesses timber or other forest products;!
2. That the possession is without the legal documents as required
under existing forest laws.!
WHO ARE LIABLE!

Natural persons!
Juridical persons!
Guilty officer or officers of the corporation, firm, partnership or
association.!
Notes:!
TIMBER: any piece of wood having an average diameter or at least
15 centimeters and at least 1.5 meters long, except all mangrove
species which in all cases, shall be considered as timber regardless
of size.!
FOREST PRODUCT: timber, pulpwood, firewood, bark, tree top,
resin, gum, wood, oil, honey, beeswax, nipa, rattan, or other forest
growth such as grass, grub and flowering plant, the associated
water fish, game, scenic, historical, recreational and geologic
resources in the forest lands.!
PUBLIC FOREST: mass of lands of the public domain which has not
been the subject of the present system of classification for the
determination of which lands are needed for forest purposes and
which are not.!
FOREST RESERVE: lands of the public domain which have been
the subject of the present system of classification and determined to
be needed for forest purposes.!
Also known as permanent forests.!
ALIENABLE AND DISPOSABLE LANDS: lands of the public domain
which have been the subject of the present system of classification
and declared as not needed for forest purposes.!
FOREST LANDS: includes the public forest, the permanent forest or
forest reserves, and forest reservations.!
Possession embraces the transportation of the timber or other forest
products without documentation.!
!
!
!
PRESIDENTIAL DECREE 330 AND PRESIDENTIAL DECREE 705:

SUMMARY!
Who is punishable
PD 330
PD 705
Any person
Any person
36 of 43
PD 330
PD 705
Cut, gather, remove,

smuggle
1. Cut, gather, remove,

collect;!
2. Possession.
From
1. Public forest, forest

reserve, other kinds
of public forests;!
2. Privately owned
forest lands.
Alienable and
disposable public lands,
private lands.
Circumstance
considered
1. Whether under
license or lease;!
2. In violation of
existing laws, rules
and regulations
1. Without authority
under a license
agreement, lease,
license or permit;!
2. Without
documentation.
RPC Provision
Article 308 309, 310
Article 309, 310
Additional Penalties
Deportation (if alien)
Deportation (if alien)!

Confiscation of
timber/forest products!
Confiscation of
machinery, tools,
implements,
equipment!
Forfeiture of
improvements!
Cancellation of
license agreement,
lease, license or
permit!
Perpetual
disqualification from
acquiring the privilege
What is punishable
!
!
!
Article 311. Theft of the property of the

national library or national museum.!
Elements:!
1. That there is a theft;!
2. That the property subject of theft is any property of the National
Library or National Museum.!
!
!
!
Article 312. Occupation of real property or

usurpation of real rights in property.!
Elements:!
1. That the ofender takes possession of any real property or usurps
any real rights in property;!
2. That the real property or real rights belongs to another;!
3. That violence against or intimidation of persons is used by the
offender in occupying real property or usurping real rights in
property;!
4. That there is intent to gain.!
Acts punished:!
1. Taking possession of any real property belonging to another by
means of violence against or intimidation of persons;!
2. Usurping any real right sin property belonging to another by means
of violence against or intimidation of persons.!
!
!
!
ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF

PERSONS AND USURPATION OF REAL RIGHTS: COMPARED!
Source
Robbery with violence against

or intimidation of persons
Usurpation of real
rights
Article 294
Article 312
37 of 43
Robbery with violence against

or intimidation of persons
Usurpation of real
rights
Method of
With violence against or
commission intimidation of persons
With violence against or

intimidation of persons
Nature of
property
Real property
Personal property
!
!
!
Urban Development and Housing Act!
Who are squatters:!

1. Those who have the capacity or means to pay rent or for legitimate
housing but are squatting anyway;!
2. The persons who were awarded lots but sold or leased them out;!
3. Intruders of lands reserved for socialised housing, pre-empting
possession by occupying the same.!
!
!
!
Article 313. Altering boundaries or

landmarks.!
Elements:!
1. That there are boundary marks or monuments of towns, provinces,
or estates, or any other marks intended to designate the
boundaries of the same;!
2. That the offender alters said boundary marks.!
!
!
!
Article 314. Fraudulent insolvency.!
Elements:!
1. That the offender is a debtor, that is he has obligations due and
payable;!
2. That he absconds with his property;!

3. That there is prejudice to his creditors.!
!
!
!
Article 315. Swindling (Estafa).!
Elements in general:!
1. That the accused defrauded another by abuse of confidence or by
means of deceit;!
2. That damage or prejudice capable of pecuniary estimation is
caused to the offended party or third person.!
Elements of estafa with unfaithfulness or abuse of confidence under

Article 315(1) paragraph (a)!
1. That the offender has an onerous obligation to deliver something of
value;!
2. That the offender alters its substance, quantity, or quality;!
3. That damage or prejudice is caused to another.!

Article 315(1) paragraph (b)!
1. That money, goods, or other personal property is received by the
offender in trust, or on commission, or for administration, or under
any other obligation involving the duty to make delivery of, or to
return the same;!
2. That there is misappropriation or conversion of such money or
property by the offender, or denial on his part of such receipt;!
3. That such misappropriation or conversion or denial is to the
prejudice of another; and!
4. That there is a demand made by the offended party to the offender.!

Article 315(1) paragraph (c)!
1. That the paper with the signature of the offended party is in blank;!
2. That the offended party delivered it to the offender;!
38 of 43
3. That, above the signature of the offended party, a document is

written by the offender without authority to do so;!
4. That the document so written creates a liability of, or causes
damage to, the offended party or any third person.!
Elements of estafa by means of false pretences or fraudulent acts
under Article 315(2) paragraph (a)!
Acts punished:!
1. Using fictitious name;!
2. Falsely pretending to possess power, influence, qualifications,
property, credit, agency, business or imaginary transactions; or!
3. By means of other similar deceits.!
b. Without paying therefor;!

c. With intent to defraud the proprietor or manager.!
2.!
a. Obtaining credit at a hotel, inn, restaurant, boarding house, lodging
house, or apartment house;!
b. Using false pretenses.!
3.!
a. Abandoning or surreptitiously removing any part of his baggage in
the establishment;!
b. After obtaining credit, food, refreshment, accommodation;!
c. Without paying.!

under Article 315(2) paragraph (b)!
Altering the quality, fineness, or weight of anything pertaining to his art
or business.!
Estafa through any of the following fraudulent means under Article

315(3) paragraph (a)!
1. That the offender induced the offended party to sign a document;!
2. That deceit was employed to make him sign the document;!
3. That the offended party personally signed the document;!
4. That prejudice was caused.!
!
!

under Article 315(2) paragraph (c)!
Pretending to have bribed any government employee, without
prejudice to the action for calumny which the offended party may deem
proper to bring against the offender.!

under Article 315(2) paragraph (d)!
Elements:!
1. That the offender postdated a check, or issud a check in payments
of an obligation;!
2. That such postdating or issuing of a check was done when the
offender had no funds in the bank, or his funds deposited wherein
were not sufficient to cover the amount of the check.!
Acts punished in estafa by means of false pretenses or fraudulent acts

under Article 315(2) paragraph (e)!
1.!
a. Obtaining food, refreshment, or accommodation at a hotel, inn,
restaurant, boarding house, lodging house, or apartment house;!
Elements of estafa through any of the following fraudulent means

under Article 315(2) paragraph (b)!
Reorting to some fraudulent practice to insure success in a gambling
game;!
Elements of estafa through any of the following fraudulent means

under Article 315(2) paragraph (c)!
Elements:!
1. That the offender removed, concealed or destroyed any court
record, office files, documents or any other papers;!
2. With intent to defraud another.!
Notes:!
CONVERSION: unauthorised assumption of an exercise of the right
of ownership over goods and chattels belonging to another, resulting
the alteration of their condition, or the exclusion of the owners
rights.!
39 of 43
Prosecution under this law is without prejudice to any liability for
Batas Pambansa Blg 22 (Bouncing Checks

Law)!
Double jeopardy may not be invoked.!

BP 22 is malum prohibitum and is punished as a crime against the
How violated:!
A.!
1. A person makes or draws and issues any check;!
2. The check is made or drawn and issues to apply on account or for
value;!
3. The person who makes or draws and issued the check knows at
the time of issue that he does not have sufficient funds in or credit
with the drawee bank for the payment of such check in full upon its
presentment;!
4. The check is subsequently dishonoured by the drawee back for
insufficiency of funds or credit, or would have been dishonored for
the same reason had not the drawer, without any valid reason,
ordered the bank to stop payment.!
B.!
1. A person has sufficient funds in or credit with the drawee bank
when he makes or draws and issues a check;!
2. He fails to keep sufficient funds or to maintain a credit to cover the
full amount of the check if presented within 90 days from the date
appearing;!
3. The check is dishonored by the drawee bank.!
EXCEPTIONS!
When the check was presented after 90 days from date;!
When the maker or drawer !
Pays the holder of the check the amount due within 5 banking
days after receiving notice that such check has not been paid by
the drawee;!
Makes arrangements for payment in full by the drawee of such
check within five banking days after notice of non-payment.!
Notes:!
violating any provision of the RPC.!
public interest, for undermining the banking system.!

PRIMA FACIE EVIDENCE OF KNOWLEDGE OF INSUFFICIENCY
OF FUNDS: When the check was presented within 90 days from the
date appearing on the check and was dishonored.!
The dishonored check with the stamped information is prima facie
evidence of:!
The making or issuance of the check;!
The due presentment to the drawee for payment and the
dishonour thereof; and!
The fact that the check was properly dishonoured for the
reason stamped on the check.!
ARTICLE 315(2) PARAGRAPH D (ESTAFA BY MEANS OF FALSE

PRETENSES OR FRAUDULENTS ACTS-D) AND BATAS
PAMBANSA BLG 22 (BOUNCING CHECKS LAW): COMPARED!
Estafa by means of false
pretenses or fraudulent acts
issuing a bum check
Bouncing Checks Law
RPC, Article 315(2) paragraph (d)
BP 22
Crime against property
Crime against public interest
The obligation should not be preexisting.
Can also apply to pre-existing

obligations.
The gravamen is the deceit

employed.
The gravamen is the issuance of the

check.
Deceit and damage are material.!

Must be prior to or simultaneous
with damage done, that is, the
seller relied on the check to part
with the goods.
Deceit and damage are not material.
40 of 43
Estafa by means of false

pretenses or fraudulent acts
issuing a bum check
Bouncing Checks Law
Knowledge of insufficient funds is not Knowledge of insufficient funds is

required.
required.!
Drawer must be given notice of
dishonour and given 5 banking
days from notice within which to
deposit or pay the amount stated in
the check to negate the
presumption that he knew of the
insufficiency.
Good faith is a defense.
Good faith is not a defense.
!
!
!
!
Article 316. Other forms of swindling.!
Elements of Paragraph 1: By conveying selling, encumbering, or

mortgaging any real property, pretending to be the owner of the same.!
1. That there is an immovable, such as a parcel of land or a building;!
2. That the offender, who is not the owner, represents himself as the
owner thereof;!
3. That the offender executes an act of ownership such as selling,
leasing, encumbering or mortgaging the real property;!
4. That the act is made to the prejudice of the owner or a third person.!
Elements of Paragraph 2: By disposing of real property as free from

encumbrance, although such encumbrance be not recorded.!
1. That the thing disposed is real property;!
2. That the offender knew that the real property was encumbered,
whether the encumbrance is recorded or not;!
3. That there must be express representation by the offender that the
real property is free from encumbrance;!
4. That the act of disposing of the real property is made to the

damage of another.!
Elements of Paragraph 3: By wrongfully taking by the owner of his
personal property from its lawful possessor.!
1. That the offender is the owner of personal property;!
2. That said personal property is in the lawful possession of another;!
3. That the offender wrongfully takes it from its lawful possessed;!
4. That prejudice is thereby caused to the possessor or third person.!
Paragraph 4: By executing any fictitious contract to the prejudice of

another.!
Paragraph 5: By accepting any compensation for services not

rendered or for labor not performce.!
Elements of Paragraph 6: By selling, mortgaging, or encumbering real

properties with which the offender guaranteed the fulfilment of his
obligation as surety.!
1. That the offender is a surety in a bond given in a criminal or civil
action;!
2. That he guaranteed the fulfilment of such obligation with his real
property or properties;!
3. That he sells, mortgages, or in any manner encumbers said real
property;!
4. That such sale, mortgage or encumbrance is without express
authority from the court, or made before the cancellation of his
bond, or before being relieved from the obligation contracted by
him.!
!
!
!
Article 317. Swindling a minor.!
Elements:!
1. That the offender takes advantage of the inexperience or emotions
or feelings of a minor;!
41 of 43
2. That he induces such minor to assume an obligation or to give

release or to execute a transfer of any property right;!
3. That the consideration is some loan of money, credit or other
personal property;!
4. That the transaction is to the detriment of such minor!
!
!
!
Article 318. Other deceits.!
Acts punished:!
1. By defrauding or damaging another by any other deceit not
mentioned in the preceding articles;!
2. By interpreting dreams, by making forecasts, or by taking
advantage of the credulity of the public in any other similar manner,
for profit or gain.!
!
!
!
Article 319. Removal, sale or pledge of

mortgaged property.!
Elements of: Knowingly removing any personal property mortgaged
under the Chattel Mortgage Law to any province or city other than the
one in which it was located at the time of execution of the mortgage,
without the written consent of the mortgagee or his executors,
administrators or assigns;!
1. That personal property is mortgaged under the Chattel Mortgage
Law;!
2. That the offender knows that such property is so mortgaged;!
3. That the offender removes such mortgaged personal property to
any province or city other than the one in which it was located at
the time of execution of the mortgage;!
4. That the removal is permanent;!
5. That there is no written consent of the mortgage or his executors,
administrators or assigns to such removal.!
Elements of: Selling or pledging personal property already pledged, or

any part thereof, under the terms of the Chattel Mortgage Law, without
the consent of the mortgagee written on the back of the mortgage and
noted on the record thereof in the office of the register of deeds of the
province where such property is located.e!
6. That personal property is already pledged under the terms of the
Chattel Mortgage Law;!
7. That the offender, who is the mortgagor of such property, sells or
pledges the same or any part thereof;!
8. That there is no consent of the mortgagee written on the back of
the mortgage and noted on the record thereof in the office of the
register of deeds.!
!
!
!
Article 327. Who are liable for malicious

mischief.!
Elements:!
1. That the offender deliberately caused damage to the property of
another;!
2. That such act does not constitute arson or other crimes involving
destruction;!
3. That the act of damaging anothers property was committed merely
for the sake of damaging it.!
!
!
!
Article 328. Special case of malicious

mischief.!
Acts punished:!
1. Causing damage to obstruct the performance of public functions;!
2. Using any poisonous or corrosive substance;!
3. Spreading any infection or contagion among cattle;!
42 of 43
4. Causing damage to the property of the National Museum or

National Library, or to any archive or registry, waterworks, road,
promenade, or any other thing used in common by the public.!
!
!
!
Article 329. Other mischiefs.!
All other mischiefs not included in the next preceding article.!
!
!
!
Article 330. Damage and obstruction to

means of communication.!
2. Widowed spouse with respect to the property which belonged to

the deceased spouse before the same passed into the possession
of another;!
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living
together.!
Notes:!
Third parties who participate are not exempt.!
!
!
!
!
!
This is committed by damaging any railway, telegraph or telephone

lines.!
!
Article 331. Destroying or damaging statues,

public monuments, or paintings.!
!
!
!
Article 332. Persons exempt from criminal

liability.!
Crimes involved in the exemption!
1. Theft;!
2. Estafa; and!
3. Malicious mischief.!
Persons exempted from criminal liability!

1. Spouse, ascendants and descendants, or relatives by affinity in the
same line;!
43 of 43

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PARRICIDE, MURDER, HOMICIDE AND INFANTICIDE: COMPARED!

Qualfiying circumstances outlined in

Victim is less than 72 hours old

Article 246. Parricide.!

Criminal Law II: Zosa

EXCEPTION: Parent and child.!

Relationship by affinity is not included in the enumeration.!

the existence of a valid marriage. Otherwise, relationship will merely

Article 247. Death or physical injuries

3. That he or she has not promoted or facilitated the prostitution of his

Reacted with? At which

Does the article

is intended more as protection for the accused than as punishment.!

Criminal Law II: Zosa

or homicide (if a paramour or mistress is killed), or Negligence

Article 248. Murder.!

2. In consideration of a price, reward or promise;!

Criminal Law II: Zosa

By means of inundation, fire, poison, explosion, shipwreck, stranding

Article 249. Homicide.!

MAAM OC: WHY DO YOU SAY THERE IS NO JUSTIFYING

ATTEMPTED/FRUSTRATED HOMICIDE AND PHYSICAL INJURIES:

Attempted or frustrated homicide

Criminal Law II: Zosa

Article 251. Death caused in a tumultuous

Arresto mayor from 5 to 15 days on all who used any violence on

Article 253. Giving assistance to suicide.!

Article 252. Physical injuries inflicted in a

NATURE OF INJURY AND RESPECTIVE LIABILITY IN PHYSICAL

Does Article 252 have application?

Serious physical injuries

Less serious physical injuries

Slight physical injuries

NO, slight physical injuries are

Article 254. Discharge of firearms.!

Article 255. Infanticide.!

Killing the child

Killing the child

Criminal Law II: Zosa

Article 256. Intentional abortion.!

A and C both committed infanticide. The crime of infanticide does

The offender must know of the pregnancy.!

INFANTICIDE AND ABORTION: COMPARED!

INTENTIONAL ABORTION AND UNINTENTIONAL ABORTION:

A person less than 3 days old and

Three modes of commission,

Committed only by violence.

A fetus, that cannot subsist by itself

Intent to abort must be present.

Intent to abort is not necessary.

Article 257. Unintentional abortion.!

Criminal Law II: Zosa

Article 258. Abortion practiced by the woman

Article 259. Abortion practiced by a

Criminal Law II: Zosa

Article 260. Responsibility of participants in a

Article 261. Challenging to a duel.!

WHEN IS LOSS OF A BODY PART MUTILATION?!

Loss of part of the body

Loss of part of the body

Serious physical injuries

Criminal Law II: Zosa

4. Becomes ill or incapacitated for the performance of the work in