Crime 2 Table

Daniel Kien T. Gaudiel, Jr.
, DVM
Exclusive Property of Fraternitas Scintilla Legis BSU Chapter
Recidivist
A recidivist is one who, at the time of his trial for
one crime, shall have been previously convicted by
final judgment of another crime embraced in the
same title of this code.
Who is habitual delinquent?
A person is a habitual delinquent if within a period
of ten years from date of his (last) release or last
conviction of the crimes of (1) serious or less
serious physical injuries, (2) robo, (3) hurto, (4)
estafa, or (5) falsification, he us found guilty of any
of said crimes a third time or oftener.
ART. 4. CRIMINAL LIABILITY.

1. By any person committing a felony (delito)
although the wrongful act done be different from
that which he intended.
2. By any person performing an act which would be
an offense against persons or property, were it not
for
the
inherent
impossibility
of
its
accomplishment or on account of the employment
of inadequate or ineffectual means.
Art. 48. Penalty for complex crimes.

When a single act constitutes 2 or more grave or less grave
felonies, or when an offense is a necessary means for
committing the other, the penalty for the most serious
crime shall be imposed, the same applied in its maximum
period. (as amended by Act no. 4000)
Unauthorized Reproduction will be directly confiscated by the FSL
Article 49. Penalty to be imposed upon the principals when

the crime committed is different from that intended.
In cases in which the felony committed is different from
that which the offender intended to commit, the following
rules shall be observed:
1. If the penalty prescribed for the felony committed
be higher than that corresponding to the offense
which the accused intended to commit, the
penalty corresponding to the latter shall be
imposed in its maximum period.
2. If the penalty prescribed for the felony committed
be lower than that corresponding to the one
which the accused intended to commit, the
penalty for the former shall be imposed in its
maximum period.
3. The rule established by the next preceding
paragraph shall not be applicable if the acts
committed by the guilty person shall also
constitute an attempt or frustration of another
crime, if the law prescribes a higher penalty for
either of the latter offenses, in which case the
penalty provided for the attempted or the
frustrated crime shall be imposed in its maximum
period.
Criminal Law 2 1
Daniel Kien T. Gaudiel, Jr., DVM

Crimes against National Security

114
Treason
Filipino/alien
residing in Phil
war w/c Phil is
involved
1. levies war
against the govt
OR
2. adhere to the
enemies by
giving them aid
and comfort
115
Conspiracy and proposal to
commit treason
in time of war, 2 or
more person come
to an agreement
and decided to
commit it:
1. levy war against
the govt OR
2. adhere to
enemies and to
give them aid or
comfort
116
Misprision of treason
offender is a
Filipino (not
foreigner) owing
allegiance
he has knowledge
of any conspiracy
to commit treason
against the govt
117
Espionage
1. Filipino or resident agent, by

entering, without authority, a
warship. military or naval
establishments to obtain any
information or confidential data
relative to the defense of the Ph
2. public officer, by disclosing to the
representative of a foreign nation
the contents of the art data or
information in Para1 which he
had in his possession by reason of
the public office he holds.
118
Inciting to war or giving
motives for reprisals
offender performs
unlawful or
unauthorized acts
such acts provoke or
give occasion for a
war involving or liable
to involved the Phil or
expose the Filipino
citizens to reprisals on
their persons and
property
119
Violation of neutrality
there is war w/c

Phil is not involved
a regulation is
issued by a
competent
authority to
enforce neutrality
offender violates
such regulation
Criminal Law 2 2

114
Treason
a breach of allegiance to a government,

committed by a person who owes allegiance to it.
a war crime, must have actual hostilities
allegiance
the obligation of fidelity and obedience, which one
owes to the govt under which he lives, in return
for the protection he receives
committed outside the Phil?
Yes, if Filipino citizen
if alien, must be in the Phil except in case of
conspiracy
o CITIZEN owes permanent allegiance
o RESIDENT alien owes temporary allegiance
Case
Case
giving information or commandeering foodstuff

for enemy is evidence of adherence and
aid/comfort
Adherence to the enemy

means that the citizen intellectually or emotionally
favors the enemies and harbors sympathies or
convictions disloyal to his countrys policy or
interest.
intent to betray
adherence alone w/o aid and comfort does not
constitute treason, although it may be inferred
from the acts committed
Case
the sale of alum crystals and water pipes to the

enemy does not per se constitute treason,
because the said materials are not exclusively for
war purpose and their sale does not necessarily
carry an intention on the part of the vendor to
adhere to the enemy.
adherence be proved by:

1. 1 witness
2. from the nature of the act itself
3. from the circumstances surrounding the act
Way of proving treason

1. 2-witness Rule
a. the testimony of 2 witnesses is required to
prove the same overt act of giving aid or
comfort.
b. must refer to the same act, place and
moment in time.
c. if the overt act is separable, 2 witnesses
must also testify to each part of the overt
act.
2. Confession of the accused in open court
a. means pleading guilty in open court that is
before the judge while actually hearing
the case
b. extrajudicial confession or confession
made before the investigators is not
sufficient to convict a person of treason.
case
mere acceptance of public office and discharge of

official duties under the enemy do not constitute
per se the felony of treason, except when the
position is POLICY-DETERMINING
Levying war
must have actual assembling of men for the
purpose of executing a treasonable design by force
must be in collaboration with a foreign enemy
aid and comfort

any act which strengthens or tends to strengthen
the enemy of the govt in the conduct of war
against the govt or an act which weakens or tends
to weaken the power of the govt to resist or to
attack the enemies of the govt
it must be deep or physical activity and intentional
does not mean mere expression of opinion
A testified that he saw X going to the house of C in

search of the latters revolver.
B testified that when C went to the garrison, X
required C to produce his revolver.
2 witness rule?
o NO
o although both acts may logically be
presumed to have answered the same
purpose, that of confiscating Cs revolver,
the singleness of the purpose is not
enough to make one of 2 acts.
Criminal Law 2 3

case
Case
case
1 witness said he heard a gun report, and saw a

smoking gun in the hand of the accused and saw
the victim fall.
another witness, who was deaf, said he saw the
accused raised and point the gun and saw a puff of
smoke from it.
2-witness rule?
o YES
o although the testimonies are not
indentical, the testimonies of both would
certainly be to the same overt act.
suspended allegiance a defense in treason?

NO
sovereignty is not suspended in times of war
what is suspended is only the exercise thereof.
hence, the allegiance of a citizen is not abrogated
by the enemy occupation.
Duress or controllable fear and obedience to the
de facto govt are defenses of treason
commandeering of woman to satisfy the lust of

the enemies or to enliven the entertainment held
in their honor was NOT treason even though the
women and entertainments helped to make like
more pleasant for the enemies.
Case
case
case
Spy and informer of the enemy is treason

strengthen the enemy in the conduct of war
Circumstances inherent in the crime of treason

1. treachery
2. abuse of superior strength
3. evident premeditation
when common crimes (murder robbery, arson) are

committed in the furtherance of the crime of
treason, can they be considered crimes separate
from treason?
NO
o no complex crime of treason with murder
o the common crimes committed in
furtherance of treason are the overt acts
of aid and comfort and are therefore
inseparable from treason itself.
o neither are they considered separate
offenses.
NO stages
mere attempt consummates the crime of treason
treason is a continuing offense

it can be committed by a single act or by series of
acts
it can be committed in one single or different time
the is only one criminal intent
a person who commits treason is not criminally
responsible for as many crimes of treason as the
overt acts as he has intentionally committed to
give aid to the enemy
Treason
Sedition
Violation by a subject of his

allegiance to his sovereign
or country
Raising of commotions or
disturbance in a state
Requires a state of war

with another country
Conflict is merely internal
Treason
The purpose of levying war
is to help the enemy
Rebellion
The purpose is merely to
substitute the govt with the
rebels own form of govt
Criminal Law 2 4

115
conspiracy and proposal to commit treason
it is punishable because the very existence of the
state is in jeopardy
2-witness rule does not apply
The crime of treason is already consummated the

moment the proposal or conspiracy to commit
treason is accepted.
the conspiracy or proposal is then considered
merely as means in the commission thereof
Criminal Law 2 5

116
Misprision Of Treason
case
an exception to the rule that mere silence does

not make a person criminally liable
X, Filipino, has knowledge of treason committed

by someone and does not report its commission to
the proper authorities. misprision?
NO
o does not apply when the crime of treason
is already committed.
Shall be punished as an accessory to the crime of treason

principal to misprision
penalty imposed is that of an accessory of treason
Relatives, art20 are punishable because
1. 116 is of special application, 20 is general
application
2. security of state is more paramount than mere
relationship
3. the offender commits the distinct crime of
misprision of treason which is separate and
distinct from treason
case
117
Espionage
is the offense of gathering, transmitting, or losing

information respecting the national defense with
intent, or there is reason to believe that
information is to be used to the injury of the RP or
to the advantage of any foreign nation
it is not conditioned on citizenship of the offender
First Mode, is it necessary that offender succeeds in

obtaining the information?
NO
it suffices that the offender entered the places
mentioned w/o authority for the purpose of
obtaining information relevant to national security
Case
wiretapping an espionage
depends
o not espionage if the purpose has nothing
to do with the countrys defense or
national security
can be committed in time of peace and war
Acts of espionage punished under CA 616

1. unlawful obtaining of information relative to the
defense of the Phil or to the advantage of any
foreign nation
2. unlawful disclosing of information relative to the
defense of the Phil
3. disloyal acts in time of peace
4. disloyal acts in time of war
5. conspiracy to violate any of the said acts
6. harboring or concealing violators of the law
7. photographing from aircraft of vital military
information
Treason
Committed only in time of
war
Espionage
May be committed both in
time of peace and in time of
war
May be committed in many
ways
Is limited to 2 ways of
committing the crime (A)
levying war and (B)
adhering to the enemy
giving him aid and comfort
Both are crimes not conditioned by the citizenship of the
offender
when the crime of treason is already committed

and the accused does not report its commission to
the proper authorities, misprision?
NO
o treason is already committed
o misprision is during conspiracy to commit
Criminal Law 2 6

118
Inciting to war or giving motives for reprisal
119
Violation of neutrality
Reprisal
it is any kind of forcible or coercive measure
whereby one state seeks to exercise a deterrent
effect or to obtain redress or satisfaction, directly
or indirectly, for consequences of the illegal acts of
another state which has refused to make amends
for such illegal conduct
it is resorted to for the purpose of settling a
dispute or redressing a grievance w/o going to war
committed at time of PEACE
offender is any person, if public officer the penalty
is higher.
extent of reprisals
not limited to military action
could be economic reprisals or denial of entry into
their country
o X burns a Singaporean flag
o if Singapore bans the entry of Filipino, it is
reprisal
committed only in times of war and neutrality of

the Phil is violated
neutrality
is a condition of a nation that, in times of war,
takes no part in the dispute but continues peaceful
dealings with the belligerents
a status created under international law, by means
of a stand on the part of a state not to side with
any of the parties at war.
authority to issue a regulation for the enforcement of
neutrality
must be issued by competent authority like the
Pres of the Phil or the Chief of staff of the AFP,
during a war between different countries in which
Phil is not taking sides.
Criminal Law 2 7

120
Correspondence with hostile country
war w/c Phil is involved

offender makes correspondence
with the enemy country or
territory occupied by enemy
troops
correspondence ether
1. prohibited by the govt
2. carried on a cipher or
conventional signs
3. containing notice or information
which might be useful to the
enemy or intended by the
offender to aid the enemy
121
Flight to enemys country
war w/c phil is involved

offender owes allegiance to
the Phil
offender attempts to flee
to the enemy country
going to enemy country is
prohibited by competent
authority
122
Piracy in general and mutiny on the high
seas or in Philippine waters
vessel is on high seas or Phil waters
offender are not members of its
complement or passengers of the
vessel
offender attack or seize the vessel
1. by attacking or seizing a vessel on
the high seas or in Phil waters
2. by seizing the whole or part of the
cargo or equipment of the vessel
while on the high seas or the
personal belongings of its
complements or passengers.
123
Qualified piracy
seizure of the vessel

by boarding or firing
upon the same
abandonment of the
victims w/o any
means of saving
themselves
when the crime is
accompanied by
murder, homicide,
physical injuries or
rape.
PD 532
Anti-piracy and anti-highway
robbery
a person knowingly
aids or protects
pirates
acquires or receives
property taken by
such pirates, or in any
manner derives any
benefit therefrom
directly and indirectly
abets the commission
of the piracy
Criminal Law 2 8

120
Correspondence with hostile country
121
flight to enemys country
Correspondence
it is communication by means of letters or it may
refer to the letters which pass be
who are liable

Filipino citizens or resident aliens
permanent and temporary allegiance
mere attempt to flee when prohibited
consummates the felony
there must be prohibition by competent authority,
if there is no then no crime
correspondence to hostile country

contemplates correspondence to officials of the
enemy country, not correspondence with private
individuals in the enemy country
even if the correspondence contains innocent
matters, if the correspondence is prohibited by the
govt, it is punishable because of the possibility
that the information useful to the enemy might be
revealed unwittingly.
if cipher were used, there is no need for
prohibition by the govt to consummate the crime.
o if cipher were not used, there is need for
prohibition.
qualifying circumstances
1. notice or information might be useful to the
enemy
2. offender intended to aid the enemy
both may concur
Case
X, with intent to aid the enemy, gave the latter

notice and information. liable 120?
NO
crime is treason if intended to aid the enemy
122
Piracy and munity in high seas
Piracy
is robbery or depredation in the high seas, without
lawful authority and done with animo furandi
(with intent to steal) and in the spirit and intention
of universal hostility
a crime against all mankind
which court has jurisdiction over piracy committed in the

high seas
jurisdiction is with any court where offenders are
found or arrested
piracy has no territorial limit
piracy in phil waters
Phil court
pira cy committed outside the Phil waters, Phil court
jurisdiction
YES
PG 532
Mutiny
unlawful resistance to a superior officer or the
raising of commotions and disturbances on board
a ship against the authority of its commander
High seas
any waters on the sea coast which are without the
boundaries of the low water mark although such
waters may be in the jurisdictional limit of a
foreign govt parts of the sea that are not included
in the exclusive zone, in the territorial seas, or in
the internal waters of a state, or in the
archipelagic waters of an archipelagic state.
Criminal Law 2 9

123
qualEified piracy
heinous crime
Piracy
The offender is an outsider
qualified mutiny
1. when the offenders abandoned the victims w/o
means of saving themselves
2. when mutiny is accompanied by rape, murder,
homicide or physical injuries
No complex crime
only qualified piracy
these are only mere circumstances qualifying
piracy and cannot be punished as separate crimes,
nor can they be complexed with piracy.
considered as special complex crime
PD 532
antipiracy and anti-highway robbery
Robbery of the high seas

The offender is a member of
the complement or a
passenger of the vessel
Piracy
Offenders are strangers to
the vessel. Hence,
offenders are neither
passenger nor crew
members
Mutiny
Offenders are members of
the complement or the
passengers of the vessel
Intent to gain is an element

in piracy
Intent to gain is immaterial

The offenders may only
intend to ignore the ships
officer or they may be
prompted by a desire to
commit plunder
punishes the act of aiding or abetting piracy

piracy may be committed in the Phil waters or in
the high seas by any person
Attack from the outside
122
Piracy in general and
mutiny on the high seas or
in Philippine waters
PD 532
Limits the offenders to nonpassengers or nonmembers of the crew
No qualification as to the
criminal, hence, offender
may be a crew, passenger or
a stranger
Crimes against the law of

nation
Can be prosecuted
anywhere in the world
because these crimes are
considered crime against
humanity
Crimes against national

security
Can be tried only in the Phil
The acts against national
security may be committed
abroad and still be
punishable under out law,
but it cannot be tried under
foreign law
Attack from the inside
Criminal Law 2 10

Crimes against the fundamental laws of the state

124
Arbitrary detention
offender is a public
officer or employee
who detains a person
without legal grounds
1. detaining pa person
without legal grounds
2. a legal ground exists
but the arrest was
made w/o warrant,
and the public officer
does not deliver the
arrested person to the
proper judicial
authority w/on 12, 18,
36 hrs as the case
maybe
3. delaying release by
competent authority
with the same period
mentioned in 2
125
Delay in the delivery of
detained persons to the
proper judicial authority
public officer or
employee
detained a person
for some legal
ground
he fail to deliver
such person to the
proper judicial
authority within
1. 12hrs for light
felonies
2. 18hrs for
correctional penal
3. 36hrs for afflictive
penal
126
Delaying release
127
Expulsion
public officer or employee

there is judicial executive order for the
release of the prisoner or detention
prisoner, or that there is a proceeding upon
a petition for the liberation of such person
without good cause delay
1. service of notice of such order to the
prisoner, or
2. performance of such judicial or executive
order for the release of the prisoner, or
3. proceedings upon a petition for the release
of such person
delaying the performance of judicial or executive
order for the release of a prisoner
unduly delaying the service of the notice of such
order to said prisoner
unduly delaying the proceedings upon any
petition for the liberation of such person

no authorized to do so by
law but he either
1. expels any person from the
Phil
2. compels a person to change
residence
GR
XPN
expelling a person from PH

compelling a person to
change his residence
in cases of ejectment,
expropriation or when
penalty imposed is destierro
128
Violation of domicile

not authorized by judicial
order to enter the dwelling
and/or to make a search for
papers and for other effects
1 entering any dwelling against

the will of the owner
2 searching papers of other effects
found therein without the previous
consent of such owner
3 refusing to leave the premises
after having secretly entered said
dwelling and after having been
required to leave the same
126
the prisoner could be prisoner by final judgment

or detention prisoners
wardens and jailers are the officers most likely to
violate
Criminal Law 2 11

124
Arbitrary detention
even if the victims were nor kept in enclosure
if the act and actuaution of the accused can
produce such fear in the mind of the victim
sufficient to paralyze the latter, to the extent that
the victim is compelled to limit his own actions
and movements in accordance with the wishes of
the accused, then the victim is, for all intent and
purposes, detained against his will.
jurisprudence of kidnapping and illegal detention
detention w/o legal grounds
1. when he has not committed any crime or, at leasr,
there is no reasonable grounds for suspicion that
he has committed a crime. (valid warrantless
arrest)
2. when he is not suffering from a violent insanity or
any other ailment requiring compulsory
confinement in a hospital.
public officer need be a police officer?
NO
public officer must be vested with the authority to
detain or order the detention of persons accused
of a crime such as policemen and other agents of
law, judges or mayors.
the offender is a public officer whose functions
have something to do with the protection of life
and property and maintenance of peace and order
if not function then illegal detention
Case
barangay chairman
yes
has authority to maintain peace and order
Case
private person
YES
if he conspired with such public officer
legal grounds for detention not liable

1. commission of a crime
2. violent insanity or other ailment requiring
compulsory confinement of the patient in a
hospital
3. when the person to be arrested is an escaping
prisoner
XPN
when the peace officer acted in good faith even if
the 3 grounds mentioned above are not obtaining,
there is no arbitrary detention.
o 2 BIR secret agents
arbitray thru negligence?
YES
as when a prisoner was released by a judge but
the police officer believing that the order is illegal,
re-arrested the prisoner.
the greater the penalty is imposed if the

period is longer
arbitrary thru imprudence

YES
police re-arrest a women who released by verbal
order of the judge
police acted without malice, but did not verify the
order of release before re-arresting.
liable for arbitrary thru simple imprudence.
case
Case
Case
public officer who effected the arrest has no such

authority to detain a person, what crime?
ILLEGAL DETENTION
a public officer who is acting outside the scope of
his official duties is no better than a private citizen.
X, police officer, falsely imputes a crime against A

to be able to arrest him but he appears to be not
determined to file a charge against him.
what crime X commit?
o arbitrary detention thru unlawful arrest
suppose X planted evidence to effect the arrest?
o arbitrary detention thru incriminating
innocent persons
PENALTY
the does not fix any minimum period of detention
depends upon the period involved
Criminal Law 2 12

Arbitrary detention
Public officer
Has a duty which carries with
it the authority to detain a
person
Illegal detention
Private office
Offender, even if public
officer, does not include as
his function the power to
arrest and detain a person
Arbitrary detention
Public officer with authority
to make arrest
Purpose is to deny him of
his liberty
Unlawful arrest
Any person
Purpose is to accuse the

offended party of a crime
he did not commit, to
deliver the person to the
proper authority, and to file
the necessary charges in a
way trying to incriminate
him.
the crime of unlawful arrest is absorbed in the
crime of arbitrary detention
Arbitrary detention
Detention is illegal at the
very inception because of
the absence of lawful cause
for such arrest
Delay in the delivery of

detained persons
Detention is legal at the
outset but becomes
arbitrary when the
detention exceeds any of
the periods of time, w/o the
person detained having
been charged before the
proper judicial authority
125
delay in delivery
arbitrary
when the period exceeds
delivery
filing of correct information or complaint with the
proper judicial authorities
does not mean physical delivery
proper judicial authorities
judges of said courts vested with judicial power to
order the temporary detention or confinement of
a person charged with having committed a public
offense.
circumstances considered in determining liability of officer
detaining a person beyond legal period?
1. the means of communication
2. the hour of arrest
3. other circumstances such as the time of surrender
and material possibility of the fiscal to make the
investigation and file in time the necessary
information.
125 contemplates
Warrantless arrest
o must be delivered to proper judicial
proceeding
NOT included warrant of arrest
o a person arrested can be detained
indefinitely until his case is decided by the
court or he posts bail for his temporary
release
Case
case
if a person is arrested pursuant to a warrant of

arrest, within what period should a police officer
turn over the arrested person to the judicial
authority?
o no time limit
o except that the return must be made
within a reasonable time.
should the person arrested w/o warrant opt to

avail his right to a preliminary investigation, what
must he execute?
o must waive in writing his rights under 125
o waiver must be under oath and with the
assistance of counsel
length of waiver
light offense
- 5days
serious and less serious offenses 7-10days
Case
person does not want to waive

arresting officer will have to comply and file the
case immediately in court w/o preliminary
investigation
delayed in filing does not cure illegality under 125
Criminal Law 2 13

127
Expulsion
essence
is coercion but it is specifically termed expulsion
when committed by a public officer
if committed by a private person
o grave coercion
Case
Case
Case
villaviciencio v lucban
expulsion
128
Case
aliens are deported w/o order from the president

or the Comm of immigration and deportation after
due proceedings?
expulsion
only the court by a final judgment can order a
person to change his residence
Admin Code only the president of the Phil is
vested with authority to deport aliens
Case
Filipino, who after voluntarily leaving the country,

is illegally refused re-entry by a public officer?
expulsion
o forced to change his address
case
committed by a public officer authorized to

implement a search warrant or warrant of arrest
but at the time of incident, he is not armed with
warrant.
public officer not authorized to execute search

warrants/arrest
o qualified trespass to dwelling
committed by private person
o trespass to dwelling
public officer searches a person outside his

dwelling, not armed with a search warrant or a
warrant of arrest
o grave coercion
not in the dwelling
if violence and intimidation is use
o unjust vexation
no violence
1. if committed at night time
2. of any papers or effects not constituting evidence
of a crime are not returned immediately after the
search is made by the offender.
against the will of the owner
opposition or prohibition by the owner, whether
express or implied, and not merely the absence of
consent
First mode
lack of consent would not suffice as the law
requires that the offenders entry must be over
the owners objection, express or implied.
entry had been made thru an opening not
intended to that purpose, entry over the implied
objection.
Second mode
mere lack of consent is sufficient
third mode
refusal to leave, the entry having been made
surreptitiously / secretly
applicable to tenant or renter

inhabitant is lawful occupant using the premises as
his dwelling although he is not the property
owner.
Criminal Law 2 14

129
Warrants maliciously obtained
and abuse in the service of those
legally obtained
130
Searching domicile without witnesses
131
Prohibition, interruption and dissolution of
peaceful meetings

armed with search warrant
legally procured
he searches the domicile,
papers or other belongings of
any person
owner of any member of his
family, or 2 witnesses residing
in the same locality are not
present
procuring a search
warrant w/o just case
exceeding his authority
or by using unnecessary
severity in executing a
search warrant legally
procured
offender is a public officer

he performs any of the acts
mentioned below
132
Interruption of religious worship
public officer or
employee
religious ceremonies or
manifestation of any
religious are about to
take place or are going
on
offender prevents or
disturbs the same
133
Offending the religious
feelings
performed
in a place devoted to
religious worship (not
necessary that there
is religious worship)
during the
celebration of any
religious ceremony
acts must be notoriously
offensive to the feelings
of the faithful
prohibiting or interrupting w/o legal

ground, the holding of a peaceful
meeting, or by dissolving the same
hindering any person from joining any
lawful association or from attending
any of its meeting
prohibiting or hindering any person
from addressing, either alone to
together with others, any petition to
the authorities for correction of
abuses or redress of grievances
Criminal Law 2 15

129-130
valid search warrant but liability incurred thru the following
situation:
1. search warrant was irregularly obtained
2. the officer exceeded his authority under the warrant
3. when the public officer employs unnecessary or
excessive severity in the implementation of the search
warrant
4. owner or dwelling or any member of the family was
absent, or 2 witnesses residing within the same locality
were not present during the search.
129
Malicious/Abuse warrant
search warrant
order in writing, issued in the name of the People
of the Phil, signed by a judge and directed to a
peace officer, commanding him to search for
personal property described therein and bring it
before the court.
valid for 10days
Reqt for issuance
upon probable cause
in connection with 1 specific offense
to be determined personally by the judge
after examination under oath or affirmation of the
complainant and the witnesses he may produces,
and particularly describing the place to be search

and the thing to be seized which may be anywhere
in the Phil
test for lack of just cause

whether the affidavit filed in support of the
application for search warrant has been drawn in
such a manner that perjury could be charged
thereon and affiant be held liable for damages
caused.
valid search?
o NO
o public officers are required to follow the
search warrant by the latter
o they have no discretion on the matter
128
search warrant under false affidavit

perjury
in addition to the penalty of perjury
130
Searching domicile w/o witnesses
order of who must witness the search
1. homeowner
2. members of the family of sufficient age and
discretion
3. responsible member of the community
case
The public officer is not

armed with a warrant
X, suspected pusher lives in a condominium unit.

agents of the PDEA obtained a search warrant but
the name of person in the search warrant did not
tally with the address indicated
X resisted but the agents insisted on the search
drugs were found and seized and X was
prosecuted and convicted by the trial court.
129 130
Warrants maliciously
obtained and abuse in
the service of those
legally obtained
Searching domicile
without witnesses
The public officer is armed

with a warrant but it was
maliciously obtained or even
if it was issued regularly,
there was abuse in the
implementation thereof
the papers or other belongings must be in the
dwelling of the owner at the time the search is
made
130 does not apply to searches of vehicles and
other means of transportation
Criminal Law 2 16

131
Interruption of peaceful meeting
case
to be held liable, is it necessary that the offender

be stranger, not a participant of a meeting that
has been interrupted and dissolved?
YES
o if participant then Unjust Vexation
interrupting meeting of municipal council by a public

officer
crime against legislative body
143 (preventing meeting of the assembly)
144 (disturbance of proceeding)
interrupting by a private individual
153 (disturbance of public order)
right to peaceful assembly is not absolute
may be regulated in order that it may not be
injurious to the equal enjoyment of others having
equal rights, nor injurious to the right of the
community or society.
in requiring a permit before any meeting or assembly is
held, can it be construed as preventing assemblies?
NO
exercise of the govt regulatory powers and not
really to prevent peaceful assemblies.
legal as long as it is not being exercised as a
prohibitory power
if the application for the permit to peaceably assemble is

arbitrarily denied, what crime?
131 prohibition to peaceably assembly
Case
the officer would not give the permit unless the

meeting is held in particular place which he
dictates and such place defeats the exercise of the
rights to peaceably assemble, 131?
YES
o meeting must be peaceful and there must
be no ground for prohibiting, dissolving, or
interrupting that meeting.
test to determine violation of 131

1. dangerous tendency rule
2. clear and present danger rule
131
Prohibition, interruption
and dissolution of peaceful
meetings
153
Tumults and other
disturbance of public order
Offender must be public

officer
Offender need not be in

public office
The public officer is not a

participants. as far as the
gathering is concerned, the
public officer is a third party
The public officer is a

participant of the assembly
132
Interruption of religious worship
qualified by violence or threats
if the prohibition is committed only in a meeting or rally of

a sect, then 131
reading of bible
attacking certain churches in public plaza
religious worship
includes people in the act of performing religious
rites for religious ceremony or manifestation of
religion.
o mass
o baptism
o marriage ceremony
case
X, private person, boxed a priest while giving

homily.
not liable
X is a private person, 133
Criminal Law 2 17

Crimes against public order

134
Rebellion and insurrection
public uprising and taking

arms against govt
purpose to remove from the
allegiance to said govt or its
law
*** the territory of the Phil
or any part there or any
body of land, naval or other
armed forces
purpose to deprive the chief
executive or congress,
(whole or part) of any of
their powers or prerogative
134 A
Coup detat
offender is a person or persons

belonging to military or police or
holding any public office or
employment
it is committed by means of a swift
attack accompanied by violence,
intimidation, threats, strategy or
stealth
attack is directed against duly
constituted authorities of the RP or
any military camp or installation,
communication networks, public
utilities or other facilities needed
for the exercise and continued
possession of power
purpose of the attack is to seize or
diminish state power
Political crimes
directly aimed against the political order, as well
as such common crimes as may be committed to
achieve a political purpose.
the decisive factor is the intent or motive.
135
Penalty for
rebellion or
insurrection or
coup detat
136
Conspiracy and proposal to commit
rebellion or insurrection
conspiracy to commit rebellion

when 2 or more persons come to
an agreement to rise publicly and
take arms against the govt for
any of the purposes of rebellion
and decide to commit it
proposal to commit rebellion
when the person who has
decided to rise publicly and take
arms against the govt for any of
the purposes of rebellion
proposes it execution to some
other person or persons
137
Disloyalty of public officer and employees
failing to resist a rebellion by all

means in their power
continuing to discharge the duties of
their offices under the control of the
rebels
accepting appointment to office
under them
the offender must be a public

officer or employee and there
must be an actual rebellion
offender must not be in
conspiracy, otherwise it is
rebellion
crimes committed without any political motivation

would be separately punished.
Criminal Law 2 18

134
Rebellion and insurrection
the use of unlicensed firearm is absorbed in the

crime of rebellion if used in furtherance of or
incident to rebellion or insurrection or sedition
if the act is to deprive the judiciary of its power or
prerogatives, the crime committed is sedition.
essence
is public uprising and the taking of arms.
it aims to overthrow the duly constituted govt
generally carried out by civilians
if no public uprising, Direct assault
nature
rebellion is a crime of the masses
requires multitude of people
vast movement of men and a complex network of
intrigues and plots
Rebellion
The object of the
movement is completely to
overthrow and supersede
the existing govt
Insurrection
The movement seeks
merely to effect some
change of minor
importance, or to prevent
the exercise of govtl
authority with respect of
particular matters of
subjects
Rebellion
Treason
The uprising is against the
The levying of war is done
govt
to aid the enemy
To substitute the existing
To deliver the govt to the
govt with another
enemy
mere giving of aid or comfort is not criminal in the
case of rebellion
there must be actual participation
mere silence of public officer is not rebellion
Rebellion
There must be taking up of
arms against the govt
Sedition
It is sufficient that public
uprising be tumultuous
Rebellion
Crime against public order
Purpose is always political,

that is to overthrow the
govt
Purpose may be political or

social that is merely to go
against the established govt
not to overthrow it.
Case
There must be public

uprising to overthrow the
govt
subversion
Crime against national
security
Being officers and ranking
members of subversive
groups constitute
subversion
joselito and Vicente shot to death governor alegre

of laguna
they were members of liquidation squad of NPA,
and killed governor upon order
o Rebellion
o members of NPA and upon order, hence
political motivation
o continuing crime along with conspiracy or
proposal to commit rebellion
Criminal Law 2 19

134-A
Coup detat
essence
is a swift attack upon the facilities of the Phil govt,
military camp and other facilities essential to the
continued possession of govt powers
objective
to destabilize or paralyze the govt thru the seizure
of facilities and utilities essential to the continued
possession and exercise of govt powers
how it carried out
violence
stealth, threat, strategy
principal offender
members of the AFP
members of PNP
public officer w/ or w/o civilian support
Rebellion
Essence of the crime
is public uprising and
taking up arms against
the govt
Requires a public
uprising, or multitude
of people
Offenders need to be
committed by the
uniformed personnel
of the military or
police
The purpose is to
overthrow the
existing govt
Coud detat
Essence is a swift attack against
the govt, its military camp,
communication network and
public facilities and utilities
essential to the continued
exercise of govtl powers
May be carried put singly or
simultaneously
Principal offenders must be
members of the military, national
police or police officer, with or
w/o civilian support
The purpose is merely to paralyze
the existing govt
who shall be deemed leader if he is unknown?

any person who in fact
1. directed the others
2. spoke for them
3. signed receipts and other documents issued in
their name
4. performed similar acts on behalf of the rebels
136
Conspiracy and proposal rebellion/insurrection
conspiracy
when 2 or more persons come to an agreement to
rise publicly and take arms against the govt for any
of the purposes of rebellion and decide to commit
it
proposal
when the person who has decided to rise publicly
and take arms against the govt for any of the
purposes of rebellion proposes its execution to
some other person or persons.
advocacy to communism tantamount to conspiracy?
NO
mere advocacy of theory is insufficient to
constitute conspiracy, unless it is converted into
action
mere speeches is not sufficient, unless there is
evidence that the hearers then and there agreed
to rise up in arms against the govt
Criminal Law 2 20

138
Inciting to rebellion or
insurrection
offenders does not take
arms or is not in open
hostility against the
govt
he incites others to the
execution of any of the
acts of rebellion
inciting is done by
means of speeches,
proclamations,
writings, emblems,
banners, or other
representation tending
to the same end
139
Sedition
offender rise publicly and tumultuously

they employ force, intimidation or other
means outside of legal methods
to attain
(a) prevent the promulgation or execution of any law
or the holding of any popular election
(b) prevent the national govt, or any public officer
from freely exercising its or his functions, or prevent
the execution of any administrative order
(c) inflicting any act or hate or revenge of any person
or property of any public officer or employee
(d) commit, for any political or social end, and act of
hate or revenge against private persons or any social
class
(e) despoil, for any political or social end any person,
municipality or province, or the national govt of all its
property or any part thereof.
140
Penalty for
sedition
141
Conspiracy to commit
sedition
agreement and
determination to
rise publicly and
tumultuously to
attain any of the
objects in 139
NO PROPOSAL
142
Inciting to sedition
inciting others to the accomplishment of

any of the acts which constitute sedition by
means of speeches, writings etc
uttering seditious words or speeches which
tends to disturb the public peace
writing, publishing scandalous libels against
the govt or any of the duly constituted
authorities thereof, which tend to disturb
the public peace
Criminal Law 2 21

138
Inciting to rebellion/insurrection
inciting must have been intentionally calculated to

induce others to commit rebellion
Inciting to rebellion
It is not required that the
offender has decided to
commit rebellion
The act of inciting is done
publicly
Proposal to commit
rebellion
The person who proposes
has decided to commit it.
The person who proposes

the execution of the crime
uses secret means
The offender induces another to commit rebellion
The crime of rebellion should not be actually

committed by the person to whom it is proposed
or who are induced.
if actually committed, he becomes principal by
inducement in the crime of rebellion
139
Sedition
offender either public or private

public uprising and an object of sedition must
concur
What if no public uprising?

Direct Assault
Case
does the crime contemplate rising up of arms

against govt
NO
o the purpose in rising publicly is merely to
create commotion and disturbance by way
of protest to express their dissent and
disobedience to the govt or to the
authorities concerned.
o the objective is not always against the
govt.
o it could be against a private person or
social class
Sedition
Sedition in involves
resulting from tumultuous
uprising
Treason
There is no public uprising
tumultuous acts
if caused by more than 3 persons who are armed
or provided with the means of violence
Sedition
Sedition involves
resulting from tumultuous
uprising
case
Tumults and other

No public uprising
murder is committed in the course of sedition.

complex?
NO
o murder cannot be absorbed
o separate crime
o murder is not object of sedition
Criminal Law 2 22

141
Conspiracy to commit sedition
no proposal to commit sedition

there must be an agreement and determination to
rise publicly and tumultuously to attain any of the
objects in 139
142
Inciting to sedition
scurrilous means low, vulgar, mean or foul

it is the use of words, emblems, etc, and not the
performance of an act that is punished in inciting
to sedition
the offender must not take part in any public or
tumultuous uprising
when seditious words punishable, when they:

1. tend to disturb or obstruct any lawful officer in
executing the functions of his office
2. tend to instigate others to cabal and meet
together for unlawful purposes
3. suggest or incite rebellious conspiracies or riots
4. lead or tend to stir up the whole people against
the lawful authorities or to disturb the peace of
the community, the safety and order of the govt
rules relative to seditious words

1. clear and present danger rule
a. words must be of such nature that by
uttering them there is a danger of public
uprising and that such danger should be
both clear and imminent
2. dangerous tendency rule
a. if words used tend to create a danger of
public uprising, then those words could
properly be subject of penal clause
Dangerous Tendency Rule
generally adopted in the Phil with sedition case
it is enough that the words used may tend to
create danger of public uprising
instances of inciting to sedition
1. meeting for the purpose of discussing hatred
against the govt
2. lambasting govt officials to discredit the govt
Case
if the objective is to overthrow the govt

inciting to rebellion
Criminal Law 2 23

Crimes Against Popular Presentation

143
Acts tending to prevent the meeting
of the congress of the Phil and similar
bodies
there be projected or actual
meeting of the congress or any
of its committees or
subcommittees, constitutional
committees thereof, or of any
provincial board or city or
municipal council/board
offender, who may be any
person, prevents such meeting
by force or fraud
144
Disturbance of proceedings
145
Violation of parliamentary
immunity
146
Illegal assemblies
147
Illegal association
there is a meeting of congress

or any of its committees or
any provincial board or city or
municipality council
disturbs any such meeting
behaves while in the presence
of any such bodies, in such a
manner as to interrupt its
proceedings or to impair the
respect due it
using force, intimidation,

threats, or frauds to
prevent any member of
congress from (A)
attending the meeting of
congress or of any of its
committees , (B)
expressing his opinions,
(C) casting his votes
arresting or searching any
member thereof while
congress is in regular or
special session
any meeting attended by

armed persons for the
purpose of committing
any of the crimes
punishable under RPC
any meeting in which the
audience, whether armed
or not, is incite to the
commission of the crime
of treason, rebellion or
insurrection, sedition, or
assault upon a person in
authority or his agents.
associations totally or
partially organized for the
purpose of committing any
of the crimes punishable
under the RPC
associations totally or
partially organized for some
purpose contrary to public
morals
Criminal Law 2 24

Illegal assembly
The basis of liability is the gathering
for an illegal purpose which
constitutes a crime under RPC
Necessary that there is an actual
meeting or assembly
Meeting and the attendance at such
meeting are the acts punished
Illegal association
The basis is the formation of or
organization of an association to
engage in an unlawful purpose which
is not limited to a violation of the RPC
Not necessary that there be an actual
meeting
Act of forming or organizing and
membership in the association are the
acts punished
Criminal Law 2 25

Assault upon, and resistance and disobedience to,

persons in authority and their agent
148
Direct Assault
1. without public uprising, by
employing force or
intimidation for attainment of
any of the purposes
enumerated in defining the
crimes of rebellion and
sedition
2. w/o public uprising, by
attacking, by employing force,
or by seriously intimidating or
seriously resisting any person
in authority or any of his
agents, while engaged in the
performance of official duties,
or on the occasion of such
performance
149
Indirect assault
person in authority or his

agent is the victim of the
forms of direct assault
a person comes to the aid of
such authority or his agent
offender makes use of force or
intimidation upon such person
coming to the aid of the
authority or his agent.
150
Disobedience to summons
1. refusing without legal
exercise to obey obey
summons of congress, or
member of committee
authorized to summon
witnesses
2. refusing to be sworn or
placed under affirmation
while being presented
before such legislative or
constitutional body
3. refusing to answer any
legal inquiry or produce
books/documents in his
possession, when required
by them to do so in the
exercise of their functions
4. restraining another from
attending as a witness in
such legislative or
constitutional body
5. inducing disobedience to a
summon or refusal to be
sworn by any such body or
official
151
Resistance and serious
disobedience
agent is engaged in the
performance of official
duty or gives a lawful
order to the offender
offender resists or
seriously disobeys such
agent
act of the offender is not
included in the 148, 149,
150
151
Simple disobedience
An agent of a person in
authority is engaged in the
performance of official duty or
gives a lawful order to the
offender
offender disobeys such agent of
a person in authority
such disobedience is not a
serious nature
Criminal Law 2 26

148
Direct Assaults
Second form
there is a need to distinguish a situation where a
person in authority or his agent was attacked
while performing official functions
if the crime was done during the exercise of
official functions, DIRECT ASSAULT
Case
hitting a policeman in the breast in the

performance of duty
o not direct assault
o only an agent of a person in authority
o force must be of serious character to show
defiance of the law and its representative
of all hazards.
if the victim is person in authority (not an agent)
o force necessary need not be serious
Case
what is penalized in the crime of direct assault

punishes the spirit of lawlessness and the
contempt or hatred for the authority or the rule of
law.
Case
Case
knowledge of person in authority

no knowledge means no lawlessness or contempt
not in actual performance of official duties
1. when the person in authority or the agent of a
person in authority exceeds his powers or act w/o
authority
2. unnecessary use of force or violence
3. descended to matters which are private in nature
the person in authority or the agent was killed

when no longer performing official functions, what
crime?
o murder or homicide
Case
can be complex crime?

YES
o direct assault with murder
o under circumstances or lawlessness or
contempt of authority
A would attack a policeman while engaged in the

performance of his duties, that of maintaining
peace and order during a fiesta, the crime would
be murder of homicide with direct assault.
when the victim intervened to prevent a violent

encounter between the accused and the Ramos
Group, he was discharging his duty as Barangay
Captain to protect life and property and enforce
law and order, thus homicide with direct assault.
barangay Captain
a person in authority if only serious physical
injuries have been inflicted
Exception
not complexed with light felony (slight physical
injury)
direct assault absorbs lighter felony.
Person in authority
directly vested with jurisdiction, whether as an
individual or as a member of some court or govt
corporation, board or commission.
1. mayor
2. division superintendent of school
3. public and private school teachers
4. provincial fiscal
5. judges
6. lawyers (actual performance of duties)
7. sangguniang bayan member
8. Barrio captain and barangay chairman
9. Police
agent of a person in authority
direct provision of law or by election or by
appointment by competent authority, is charged
with the maintenance of public order and the
protection and security of life and property
1. barangay kagawad, barangay tanod,
2. brgy leader (counceilman)
3. and any person who comes to the aid of a
person in authority.
Criminal Law 2 27

it is not important that the offender knows that the person
he is attacking is a person in authority
it is enough that he should know that the offended
party was exercising some form of authority
Force required
must be serious and in such character as to show
contempt of authority
if the assault took place when the offended party
was not engaged in the performance of his official
duties, it must be shown that he assault was
committed by reason of the past performance of
official duties.
the impelling motive of the attack is the
performance of official duty
Qualified direct assault
1. when the assault us committed with a weapon
2. when the offender is a public officer or employee
3. when the offender lays hand upon a person in
authority
crime of slight physical injuries is absorbed by direct
assault if committed against an agent or a prson in
authority
if committed against a person in authority,
separate crime
the crime is not committed when his agent or
authority is suspended during the attack
149
indirect assault
to whom is it directed
to any person who comes in the aid of agent of a
person in authority
comes only when direct assault is committed
what is the crime committed if the person who was

resisted is a person in authority and the offender used
force?
the use of any kind of force result to Direct Assault
if the offender did not use any force
resistance or serious disobedience
151
Simple disobedience
the accused must have knowledge that the person

giving the order is a peace officer.
Resistance or serious
disobedience
Person in authority or his
agent must be in actual
performance of his
duties
Committed only by
resisting or seriously
disobeying a person in
authority or his agent
The use of force is not so

serious, as there is no
manifest intention to
defy the law and the
officers enforcing it.
152
person in authority and its agent
Direct assault
Person in authority or his

agent must be engaged in the
performance of official duties
or that he is assaulted by
reason thereof
Committed by 4ways
1. attacking
2. employing force
3. seriously intimidating
4. seriously resisting a
person in authority or
his agent
The attack or employment of
force which give rise to the
crime of direct assault must be
serious and deliberate
covers failure to comply with orders directly issued

by authorities in the exercise of their official
duties,
not with judicial decisions merely declaratory of
rights or obligation
disobedience consists in the failure or refusal to
obey a direct and lawful order from the authority
or his agent
7,8,9
persons in authority in their jurisdiction
2,3,4,5
only for 148 (direct assault), 151 (disobedience)
Criminal Law 2 28

1.
2.
3.
4.
5.
6.
7.
8.
9.
152
Person in authority
one directly vested with
jurisdiction (the power and
authority to govern and
execute laws)
mayor
division superintendent of
school
public and private school
teachers
provincial fiscal
judges
lawyers (actual performance
of duties)
sangguniang bayan member
barangay chairman
members of the lupong
tagapamayapa (police)
agents of person in authority

any person who by direct
provision of law or by election
or by appointment by
competent authority charge
with the
1. maintenance of public order
2. protection and security of life
and property
barangay kagawad
barangay tanod
barangay councilman
any person who comes to the
aid of persons in authority
Criminal Law 2 29

Public disorder
153
Tumults and disturbances of public
order
1. causing any serious
disturbance in a public place,
office or establishment
2. interrupting or disturbing
performances, functions or
gatherings, or peaceful
meetings, if act is not included
in 131 and 132
3. making any outcry tending to
incite sedition in any meeting,
association or public place
4. displaying placards, or
emblems which provoke a
disturbance of public order in
such place
5. burying with pomp the body
of a person who has been
legally executed.
154
Unlawful use of means of publication
and unlawful utterances
1. publishing news or any false
news which may endanger
2. encouraging disobedience to
the law or to the constituted
authorities or by praising or
extolling any act punished by
law, by the same means or by
words and speeches.
3. maliciously publishing, causing
to be published any official
resolution or document
without proper authority, or
before they have been
published officially
4. printing which do not bear the
real printers name, or which
are classified as anonymous
155
Alarms and scandal
1. discharging, any firearms
or other explosives within
any town or public place,
calculated to cause alarm
or danger
2. instigating or taking an
active part in any charivari
or other disorderly
meeting offensive to
another or prejudicial to
public tranquility
3. disturbing the public
peace while wandering
about at night or while
engaged in any other
nocturnal amusements
4. causing any disturbance or
scandal in public places
while intoxicated or
otherwise not covered by
153
156
Delivering prisoner from jail
there is a person confined

in a jail or penal
establishment
offender removes
therefrom such person or
helps the escape of such
person
157
Evasion of service of sentence
offender is a convict by final

judgment
he is serving his sentence
which consist of deprivation
of liberty
he evades the service of his
sentence by escaping during
the term of his sentence
Criminal Law 2 30

155
Alarms and Scandal
Essence
disturbance of public tranquility and public peace
DISCHARGING OF FIREARMS, CRIMES
(A) Alarms and scandal
if the offender discharges a firearm in a public
place but the firearm is not pointed to a particular
person when discharged
(B) illegal discharge of firearm
if the firearm was directed to a particular person
who was not hit if intent to kill is not proved
charivari
is a mock serenade of discordant noises made of
cans, horns etc designed to annoy and insult.
alarms and scandals
Crime in creating noise and annoyance
1. Alarm and scandal if the disturbance affects the
public in general
2. unjust vexation if the noise is directed to a
particular person or a family
156
delivering prisoners from jail
Case
(C) attempted homicide or murder

if the person was hit, if there is intent to kill
lethal weapon - firearm (intent to kill is inherent)
(D) physical injury
if the person was hit and injured but there was no
intent to kill
(E) grave coercion
if the threat was directed, immediately and serious
and the person is compelled or prevented to do
something against the will
Note:
firearms and rockets during town fiestas and

festival are not covered by the law
as long as the person who was assisted in his

escape is a prisoner, whatever means is employed
by the person who removed him from jail, is
punishable under this law
o if a twin brother of a prisoner helped the
latter escape by substituting himself, and
because of their very similar appearance
was not at once notice by the guard, that
twin brother is liable.
even if the prisoner returned to jail, the one who
removed him from jail is liable.
who is liable
outsider to the jail
an employee of the penal establishment who does
not have custody
a prisoner who helps the escape of another
prisoner.
Case
Case
may also include prisoner in confinement in the

hospital (extension of penal institution)
156 only for prisoner

Not detention prisoner
o A was lock but minutes before the case is
filed in court, B helped him escape, B is
not liable under this article.
Art. 19. Accessories. Accessories are those who, having

knowledge of the commission of the crime, and without
having participated therein, either as principals or
accomplices, take part subsequent to its commission in any
of the following manners:
1. By profiting themselves or assisting the offender to
profit by the effects of the crime;
2. By concealing or destroying the body of the crime
or the effects or instruction thereof, in order to
prevent its discovery;
3. By harboring, concealing, or assisting in the escape
of the principal of the crime, provided the
accessory acts with abuse of his public functions or
whenever the author of the crime is guilty of
treason, parricide, murder, or an attempt to take
the life of the Chief Executive, or is known to be
habitually guilty of some other crimes.
public fxn - What if Thief?
Criminal Law 2 31

Delivering prisoners from
jail
The offender is not the
custodian of the prisoner
at the time of the
escape/removal
Infidelity in the custody of

prisoners
The offender is the
custodian at the time of the
escape/removal
Case
the offender may be a public officer or a private

citizen,
may be convict or detention prisoner
Detention prisoner escape

does not incur criminal liability
unless he knows the plot to remove him from jail
and cooperates therein by escaping, become
principal by indispensable cooperation
violence, intimidation or bribery
bribery
the offenders act of employing bribery as a means
of removing or delivering the prisoner from jail,
and not the offenders act of receiving a bribe as a
consideration for committing the offense
mitigating circumstances
if it takes place outside the penal establishment by
taking the guards by surprise
may also be committed thru imprudence or
negligence.
Michael was convicted of robbery and he is serving

his sentence. Sarah (a friend) and Z (jail warden)
hatched the plan of escaping from the prison
facility which eventually materialized.
o Sarah outsider is liable for delivery of
prisoner from jail
o Z crime of infidelity in the custody of
prisoners
o Michael evasion of sentence
157
a continuing offense which may be prosecuted in

any place where the offender was found
does not apply to minor delinquents, detention
prisoners or deportees
disqualified from ISLAW
1. by means of unlawful entry (by scaling)
2. by breaking doors, windows
3. by using picklocks, false keys, violence or
intimidation
4. through connivance with other convicts or
employees of the penal institution
FORMS OF EVASION OF SENTENCE

157
by simply leaving or escaping from the penal
institution
158
failure to return w/in 48hours after having left the
penal establishment because of a calamity and
such calamity has been announced as already
passed
159
violating the condition of conditional pardon
case
Case
Case
X, prisoner escaped but change his mind only

minutes after
YES liable
o it s enough that he left the penal
establishment
o voluntary return only mitigate (voluntary
surrender)
sentence of destierro
o Yes
o destierro is deprivation of liberty
not applicable to offenses executed
deportation
by
offender escaped w/n 15day period for making an

appeal
not evasion
judgment is not yet final
Criminal Law 2 32

TUMULTS
Making any outcry tending to incite
sedition or rebellion
The meeting at the outset was legal,
and became a public disorder only
because of such outcry
The outburst which by nature may
tend to incite rebellion or sedition
are spontaneous
Violation of conditional pardon

It is not a public offense for it does
not cause harm or injury to the right
of another person nor does it
disturb public order
Inciting to sedition or rebellion
The meeting from the beginning was

unlawful
The words uttered are deliberately
calculated with malice,
aforethought to incite others to
rebellion or sedition

It is a public offense separate and
independent from any other act
Criminal Law 2 33

158
Evasion of service of sentence on the
occasion of disorder
Offender is a convict by final
judgment, who is confined in a
penal institution
there is disorder resulting
from conflagration,
earthquake, explosion, similar
catastrophe, mutiny in which
he has not participated
offender evades the service by
leaving on the occasion of
such disorder of during the
mutiny
offender fails to give himself
within 38hrs following the
issuance of proclamation by
Chief E announcing the
passing away of such calamity
159
Violation of conditional pardon
offender was a convict

he was granted a conditional
pardon by the Chief executive
he violated any of the
conditions of such pardon
Criminal Law 2 34

Crimes against public interest

FORGERIES
161
162
Counterfeiting the great seal,
Used forged signature or counterfeit
Forging the signature or stamp CE
seal or stamp
1. counterfeiting the great seal of
great seal of the Republic was
the govt of the PH
counterfeit or the signature or
2. forging the signature of the
stamp of the CE was forged by
Pres
another person
3. forging the stamp of the Pres
offender knew of the
counterfeiting or forgery
he used the counterfeit seal or
forged signature or stamp
163
Making and importing and
uttering false coins
there be false or
counterfeited coins
offender made, imported
or uttered such coins
in case of uttering such
false or counterfeited
coins, he connived with
the counterfeiters or
importers
COUNTERFEITING COINS
164
Mutilation of coins importation
and utterance of mutilated coins
1. mutilating coins of legal
currency with the further
requirement that there
be intent to damage or
defraud another
2. importing or uttering
such mutilated coins,
with the further
requirement that there
must be connivance with
the mutilator or importer
in case of uttering
165
Selling of false or mutilated coin,
without connivance
1. possession of coins
counterfeited or mutilated
by another person, with
intent to utter the same,
knowing that it is false or
mutilated.
2. actually uttering such false
or mutilated coin, knowing
the same to be false or
mutilated.
Criminal Law 2 35

166
Forging treasury or bank notes
payable to bearer; importing and
uttering such forge notes
1. forging or falsification of
treasury or bank notes or
other documents payable to
bearer
2. importation of such false or
forge obligations or notes
3. uttering obligations or note
knowing them to be false or
forged, whether such offer is
accepted or not, with a
representation
167
Counterfeiting, importing and
uttering instruments not payable to
bearer
there be an instrument
payable to order or other
document of credit not
payable to bearer
offender forged, imported or
uttered such instrument
in case of uttering, he
connived with the forger or
importer
1. forging instrument payable to

order or documents of credit
not payable to bearer
2. importing such false
instruments
3. uttering such false
instruments in connivance
with the forger or the
importer
168
Illegal possession and use of false
treasury or bank notes and other
instruments
any treasury or bank notes
or certificate or other
obligation and security
payable to bearer, or any
instrument payable to
order or other document
of credit not payable to
bearer is forged or
falsified by another
person
offender knows that any
of those instruments is
forged or falsified.
(3) Performed any of these acts
using any of such forged
or falsified instrument
possessing with intent to
use any of such forged or
falsified instruments
169
Forgery
1. by giving to a treasury or
bank note or any
instrument payable to
bearer or to order
mentioned therein, the
appearance of a true and
genuine document.
2. by erasing, substituting,
counterfeiting, or altering
by any means the figures,
letters, words or signs
contained therein.
170
Falsification of legislative
documents
there be a bill, resolution or

ordinance enacted or
approved or pending
approval by either house of
the legislature or any
provincial board or
municipal council
offender alters the same
he has no proper authority
therefore
alteration has changed the
meaning of the document
Criminal Law 2 36

Forgery
Committed by giving to a
treasury or bank note or
any instrument payable to
the bearer or
to order the appearance of
true and genuine document
falsification
Committed by erasing, substituting,
counterfeiting, or altering by any
means, the figures, letters, words, or
signs contained therein
Other documents
Criminal Law 2 37

171
Falsification by public officer, employee
or notary or ecclesiastical ministry
a.
b.
c.
a.
b.
offender is a public officer,

employee, or notary public
he takes advantage of his official
position
he has the duty to make or
prepare or to otherwise
intervene in the preparation of
the documents; or
he has the official custody of the
document which he falsifies
in case the offender is an
ecclesiastical minister, the act of
falsification is committed with
respect to any record or
document of such character that
the falsification may affect the
civil status of person
he falsifies the document by any
act
counterfeiting or imitating any
handwriting signature or rubic
causing it to appear that persons
have participated in any act or
proceeding when they did not in
fact so participate
172
Falsification by private
individuals and use of falsified
documents
Falsification by omission
c. attributing to persons who

have participated in an act
or proceeding statement
other than those in fact
made by them
d. making untruthful
statements in a narration
of facts
1. falsification of public
official or commercial
document by a private
individual
2. falsification of private
document by any
person
that the offender makes in a

document untruthful
statements in a narration of
facts
that he has legal obligation to
disclose the truth of the facts
narrated by him
the facts narrated by the
offender are absolutely false
the untruthful narration must
be such as to effect the
integrity of the document or
to change the effects which it
would otherwise produce
e. altering true dates

f. making any alteration or
intercalation in a genuine
document which changes its
meaning
elements
g. issuing in authenticated
form a document
purporting to be a copy of
any original document
when no such copy a
statement contrary to, or
different from that of the
genuine original
h. intercalating any
instrument or note
relative to the issuance
thereof in a protocol,
registry or official book.
Criminal Law 2 38

Falsification of public document
Mere falsification is enough
Can be complexed with other crimes

if the act of falsification was the
necessary means in the commission
of such crimes, like estafa, theft, or
malversation
Eq. malversation through
falsification of a public document
Eg. EStafa through falsification of a
public document
Falsification of private document

Aside from falsification, prejudice to a
third person or intent to cause it, is
essential
There is no complex crime of estafa
through falsification of a private
document. hence, when one makes
use of a private document, which he
falsified, to defraud another, there
results only one crime: falsification of
private document
Criminal Law 2 39

173
Falsification or wireless, cable,
telegraph, and telephone message,
and use of said falsified messages
1. uttering fictitious, wireless,
telegraph or telephone
message
2. falsifying wireless, telegraph
or telephone message
offender is an officer or
employee of the govt or an
officer or employee of a
private corporation engaged in
the service of sending or
receiving wireless, cable or
telephone message
he falsifies wireless, cable
telegraph or telephone
message
3. using falsified message
offender knew that message
was falsified by an officer or
employee of a private
corporation, engaged in the
service of sending or receiving
wireless, cable or telephone
message
he used such falsified dispatch
the use resulted in the
prejudice of a third party or at
least there was intent to cause
such prejudice
174
False medical certificates, false
certificates of merit or service, etc
1. issuance of false certificate by
a physician or surgeon in
connection with the practice
of his profession
2. issuance of a false certificate
or merit or service, good
conduct or similar
circumstances by a public
officer
3. falsification by a private
person of any certificate
falling within 1 and 2
175
Using false certificate
a physician or surgeon had

issued a false medical
certificate, or public
officer had issue a false
certificate or service, good
conduct, or similar
circumstances, or a
private person had
falsified any of said
certificates
offender knew that the
certificate was false
he used the same
176
Manufacturing and possession of
instruments or implements for
falsification
1. making or introducing
into the Phil any stamps,
marks or other
instrument
2. possessing with intent to
use the instrument or
implements for
counterfeiting or
falsification made in or
introduced into the Phil
by another person
NOTE:
intent to gain is immaterial
if used in consideration of a
promise or reward, the public
officer is liable for bribery.
Criminal Law 2 40

Other Falsities
177
Usurpation of authority or official
functions
178
Using fictitious name and concealing
true name
179
Illegal use of uniform or insigna
Criminal Law 2 41

False Testimony
180
False testimony against the
defendant
there is a criminal proceeding

offender testifies falsely under
oath against the defendant
therein
offender who gives false
testimony knows that it is false
defendant against whom the
false testimony is given is
either acquitted or convicted
in a final judgment
181
False testimony favorable to the
defendant
intent to favor the accused

need not directly influence the
decision of acquittal and it
need not benefit the
defendant
182
False testimony in civil case
testimony must be given

in a civil case
it must relate to the
issuance presented in said
case
it must be false
it must be given by the
defendant knowing the
same to be false
it must be malicious and
given with an intent to
affect the issued
presented in said case
183
False testimony in other cases
and perjury in solemn
affirmation
1. falsely testifying under
oath
2. making a false affidavit
184
Offering false testimony in
evidence
elements
accused made a
statement under path or
executed an affidavit
upon a material matter
statement or affidavit
was made before a
competent officer,
authorized to receive and
administer oath
in that statement or
affidavit, the accused
made a willful and
deliberate assertion of a
falsehood
sworn statement or
affidavit containing the
falsity is required by law
offender offered in evidence

a false witness or false
testimony
he knew the witness or
testimony was false
offer was made in a judicial
or official proceeding
Criminal Law 2 42

Perjury
Any willful and corrupt assertion of
falsehood on material matter under
oath and not given in judicial
proceeding
There is perjury even during the
preliminary investigation
False testimony
Given in the course of a judicial
proceeding
Contemplates actual trial where

judgment of conviction or acquittal is
rendered
Perversion of truth
Criminal Law 2 43

185
Frauds, machination in public
auctions
1. soliciting any gift or promise as

a consideration for refraining
from taking part in any public
auction
2. attempting to cause bidders to
stay away from an auction by
threats, gifts, promises or any
other artifice
186
Monopolies and combination in
restraint of trade
187
Imposition and disposition of
falsely marked artifices or
merchandise made of gold, silver,
or other precious metals or their
alloys
188
Substituting and altering
trademarks, trade names or
service marks
189
Unfair competition, fraudulent
registration of tradename,
fraudulent designation of origin,
and false description
Criminal Law 2 44

Crimes relative to opium and other prohibited drugs
Criminal Law 2 45

Crimes against public morals

200
Grave scandal
offender performs an act or

acts
such act or acts be highly
scandalous as offending
against decency or good
customs
highly scandalous conduct is
not expressly falling within any
article of this code
act or acts complained of be
committed in a public place or
within the public view
201
Immoral doctrines, obscene
publications and exhibitions, and
indecent show
202
vagrants and prostitutes
any person having no

apparent means of
subsistence, who has the
physical ability to work
and who neglects to apply
himself or herself to some
calling.
any person found loitering
about public or semipublic buildings or places
or tramping or wandering
about the country or the
streets without visible
means of support.
Criminal Law 2 46

200
Grave Scandal
if acts is punishable under another article, then

200 does not apply
public place dont need public view
private place needs public view
Grave scandal
The scandal involved refers

to moral scandal offensive
to decency, although it does
not disturb public peace.
but since conduct or act
must be open to the public
view
Grave scandal
The performance of
scandalous acts is mutually
consented
201
Immoral doctrines
202
Vagrants and prostitutes
publicity is an essential element

mere nudity in painting is not obscene
pictures with slight degree of obscenity having no
artistic value and intended for commercial
purpose
vagrants
those who loiter around public or private places
w/o any visible means of support but who are
physically able to work and w/o any lawful
purpose
test of obscenity
whether or not the materials charged as obscene
has the tendency to deprave and corrupt the
minds of those open to the influence thereof, or
into whose hands such materials may come to.
it is more on the effect upon the viewer and not
alone on the conduct of the performer
rationale
not to punished but to prevent further criminality
what is penalize is the neglect and refusal to work
and the loitering in or about public places w/o
giving a good account of his presence therein.
Alarm and scandal

The scandalous acts are
committed against the will
of the woman. force or
intimidation is employed
Acts of lasciviousness
The scandalous acts are
committed against the will
of the woman. force or
intimidation is employed
Case
case
writing obscene literature is not punished

but the author is liable if it is published with his
knowledge
the editor publishing it is liable
not liable if viewing is done in private matters

what is protected is the morality of the public
general
Case
person found wandering in an estate belonging to

another, whether public or private, w/o any lawful
purpose, what other crimes may be committed
trespass to property if the estate is fenced there is a
clear prohibition against entering, but the
offender entered w/o the consent of the
owner or overseer thereof
attempted theft if the estate is fenced and the offender
entered the same to hunt therein or fish
from any waters therein or to gather any
farm products therein w/o the consent of
the owner or overseer thereof
vagrancy if the estate is not fenced or there is no clear
prohibition against the entering
Criminal Law 2 47

prostitutes
woman who, for money or profit, habitually
indulge in sexual intercourse or lascivious conduct
case
case
sexual intercourse is not a necessary element

the mere indulging in lascivious conducts
habitually because of money or gain would
amount to prostitution
virginity is not a defense
habituality is the controlling factor
no conspiracy
conspirator is guilty of white slavery
Vagrancy
Can be committed by either

a man or woman
A man if he engages in sex
for money is not a
prostitute, but a vagrant
Prostitution
Only by woman
A woman who for profit or
money habitually engages
in sexual or lascivious
conduct is a prostitute
Criminal Law 2 48

Crimes by Public officers

203
Public officers
take part in the performance

of public functions in the govt,
or in performing in said govt
or in any of its branches public
duties as an employee, agent
or subordinate official, or any
rank or class
that his authority to take part
in the performance of public
functions or to perform public
duties must be by
direct provision of the
law
popular election
appointment by
competent authority
204
Knowingly rendering unjust
judgment
offender is a judge
he renders a judgment in
a case submitted to him
for decision
that the judgment is
unjust
that the judge knows
that his judgment is
unjust
205
Judgment rendered through
negligence
offender is a judge
he renders a judgment
in a case submitted to
him for decision
judgment is manifestly
unjust
it is due to his
inexcusable negligence
or ignorance
not very use, but referred to

GROSS ignorance of the LAW
(reqd substantial evidence)
206
Unjust interlocutory order
offender is a judge
he performs
knowingly renders an unjust
interlocutory order or
decree
renders a manifestly unjust
interlocutory order or
decree through inexcusable
negligence or ignorance
207
Malicious delay in the
administration of justice
offender is a judge
there is a proceeding in his
court
he delays the administration
of justice
delay is malicious, that is,
with deliberate intent to
inflict damage on either
party in the case
mere delay is not punish
Criminal Law 2 49

203
public officer
204
unjust judgment
case
a person coming from private sector and the law

invested him portion of sovereign function of the
govt is a public officer.
Misfeasance
when a public officer performs official acts in the
manner not in accordance with what the law
prescribes
a. knowingly rendering unjust judgment
b. rendering judgment through negligence
c. rendering unjust interlocutory order
d. malicious delay in the administration of justice
nonfeasance
when a public officer willfully refrains or refuses to
perform an official duty which his office requires
him to perform
a. dereliction of duty in the prosecution of offenses
one which is contrary to law or is not supported by

the evidence or both
sources
o error
o ill-will or revenge
o bribery
must have evidence, not presumed (be in bad
faith)
can only be committed by judge of a trial court
205
judgment thru negligence
manifestly unjust judgment
judgment which cannot be explained with
reasonable interpretation or is a clear, and
notorious violation of a legal precept.
contrary to law
205
unjust interlocutory order
interlocutory order
it is one issued by the court deciding a collateral or
incidental matter;
it is not a final determination of the issues of the
action or proceeding
test for interlocutory order
Does it leave something to be done in the trial
with respect t the merits of the case
prevarication
when a public officer regardless of his duty
violates the oath of his office by not carrying out
the duties of his office for which he was sworn to,
thus, amounting to dereliction of duty.
malfeasance
when a public officer performs in his public office
an act prohibited by law
a. direct bribery
b. indirect bribery
Criminal Law 2 50

208
Prosecution of offense; negligence
and tolerance
1. maliciously refraining from
instituting prosecution against
violators of the law
2. maliciously tolerating the
commission of offenses
offender is a public officer or

office of the law who has a
duty to cause the prosecution
of, or to prosecute offenses
there is dereliction of the
duties of his office, that is,
knowing the commission of
the crime, he does not cause
the prosecution of the
criminal, or knowing that a
crime is about to be
committed, he tolerates its
commission
offender acts with malice and
deliberate intent to favor the
violator of the law
209
Betrayal of public trust by an
attorney or solicitor revelation of
secrets
1. causing damage to his client,
either by any malicious breach
of professional duty by
inexcusable negligence or
ignorance
2. revealing any of the secrets of
his client learned by him in his
professional capacity
3. undertaking the defense of
the opposing party in the
same case, w/o the consent of
his first client, after having
undertaken the defense of
said first client or after having
received confidential
information from said client
210
Direct bribery

within the scope of 203
offender accepts an offer or
promise or receives a gift or
present by himself or
through another
such offer be accepted, or
gift received by the public
officer
with a view of
committing some crime
in consideration of the
execution of an act which
does not constitute a
crime, but the act must
be unjust
to refrain from doing
something, which is his
official duty to do
that act which the offender
agrees to perform or which
he executes be connected
with the performance of his
official duties
211
Indirect bribery
officer
he accepts gifts
said gifts are offered
to him by reason of his
office
211-A
Qualified bribery

entrusted with law
enforcement
he refrains from arresting or
prosecuting an offender
who has committed a crime
punishable by reclusion
perpetua and/or death
he refrains from arresting or
prosecuting the offender in
consideration of any
promise, gift or present
the crime is heinous crime
need not receive a gift
because mere offer or
promise is sufficient.
Criminal Law 2 51

Prevaricacion
Applies to public officers in general
who is remiss or who is maliciously
refraining from exercising the duties
of his office
Dereliction of duty
Dereliction of duty refers only to
prosecuting officers
Bribery
The person arrested has committed
the crime and he is threatened to
give money so as not to be
prosecuted
Robbery
The person arrested has not
committed a crime
The transaction is generally mutual

and voluntary
The transaction is neither mutual nor

voluntary but consummated by the
use of force or intimidation
Direct bribery
Indirect bribery
Public officer receives gift
There is agreement between the
public officer and the corruptor
There is no agreement
The public officer is called upon to

perform or refrain from performing
an official act
The public officer is not necessary

called upon to perform any official
act. it is enough that he accepts the
gifts offered to him by reason of his
office.
Criminal Law 2 52

210
Direct bribery
crime of public officer who receives gifts or

promise by reason or in connection with the
performance of his official duties
crime of the receiver
requires the mutual agreement of the corruptor
and the public officer, otherwise it is not
consummated
Kinds of Bribery
1. agreeing to perform or performing an act
pertaining to the duties of the office which
constitutes a crime
a. if the act or omission amount to a crime, it
is not necessary that the corruptor should
deliver the consideration or the doing of
the act
b. mere promise is sufficient
c. the moment there is a meeting of the
minds, even without the delivery of the
consideration, even w/o the public officer
performing the act amounting to a crime,
bribery and corruption is consummated
2. accepting a gift in consideration of the execution
of an act which does not constitute a crime (but
which must be unjust)
a. if the act or omission does not amount to
a crime, the consideration must be
delivered by the corruptor before a public
officer can be prosecuted for bribery.
b. mere agreement is not enough to
constitute the crime because the act to be
done in the first place is legitimate or in

the performance of the official duties of
the public officer.
3. abstaining from the performance of official duties
case
case
traffic officer refrains from issuing a ticket to a

traffic violation in consideration of a gift
Cases:
court stenographer agrees to alter the notes in
consideration of a gift
he agreed to perform falsification, the accused is
liable for falsification of public document
Case
Case
mayor secretary received additional applicant for

the last (10th) position in public market in
consideration of money.
the act is not a crime but unjust, unfair to the real
10th applicant.
A give X, a public officer, a money to aletr the

entry in the registry of the land registration
authority.
Office:
o direct bribery
o falsification of public document
corruptor
o corruption of public officer
o falsification of public document, as
principal by inducement
Case
Case
case
public official accepted the consideration and

turned it over to his superior as evidence of
corruption?
attempted corruption only and not frustrated. the
official did not agree to be corrupted
there is no frustrated stage.
if did not report the same to his superior and
actually accepted it, he allowed himself to be
corrupted?
consummated corruption and consummated
bribery
temporary performance of public function
sufficient to constitute a person a public officer
a private person may commit this crime only in the
case in which custody of prisoners is entrusted to
him.
Direct bribery is a crime involving moral turpitude
moral turpitude can be inferred from the third element.

the fact that the offender agrees to accept a promise or
gift and deliberately commits an unjust act or refrains
from performing an official duty in exchange for some
favors, denotes a malicious intent on the part of the
offender to renege on the duties which he owes his
fellowmen and society in general.
also, the fact that the offender takes advantage of

his office and position is a betrayal of the trust
reposed on him by the public. a conduct contrary
to the accepted rules of right and duty, justice,
honesty and good morals.
Criminal Law 2 53

case
Sheriff Rivas received from the RTC clerk a writ of

execution in the case of ejectment. the judgment
in favor of Estrada, rivas went to her lawyers
office where he was given the necessary amounts
constituting the sheriffs fees and expenses for
execution in the total amount of 550, aside from
2000 in consideration of prompt enforcement of
the writ from Estrada and her lawyer. the writ was
performed, what crime sheriff commit?
direct bribery under second paragraph since 2000
was received by him in consideration of the
prompt enforcement of the writ of execution
which is an official duty of the sheriff to do.
211
Indirect Bribery
case
crime of any public officer who shall accept gifts

offered to him by reason of his office.
if the officer does not accept, then the corruptor is
guilty of corruption of public officials
the article uses GIFT (not promise) and ACCEPT
(receive)
o gift is given in anticipation of future favor
from the public officer.
there should be a clear intention on the part of the

public officer to take the gift offered.
he should consider the property as his own for
that moment
mere physical receipt unaccompanied by any
other sign, circumstances or act to show such
acceptance is not sufficient to convict the officer.
Criminal Law 2 54

212
Corruption of public officials
offender makes offers

or promise or gives
gifts or presents to a
public officer
the offers or promises
are made or the gifts
or presents are given
to a public officer
under circumstances
that will make the
public officer liable for
direct bribery or
indirect bribery
attempted corruption
if officer refuses to be
corrupted
213
Frauds against the public treasury and
similar offenses
1. entering into an agreement with
any interested party or speculator
or making use of any other
scheme, to default the govt, in
dealing with any person or with
regard to furnishing supplies, the
making of contracts, or the
adjustment or settlement of
accounts relating to public
property funds
2. demanding the payment of
sums different or larger than
those authorized by law, in the
collection of taxes, licenses,
fees and other impost
Fraud and illegal exaction and

transactions
3. failing voluntarily to issue a
receipt as provided by law, for
any sum of money collected by
him officially, in the collection
of taxes, licenses, fees and
other impost
4. collecting or receiving directly
or indirectly, by way of
payment or otherwise, things
or objects of a nature different
from that provided by law, in
the collection of taxes,
licenses, fees and other
impost.
fraud is in the implementation of

procurement
Fraud against public treasury

he should have taken advantage
of his office, that is, he
intervened in the transaction in
his official capacity
he entered into an agreement
with any interested party or
speculator or made use of any
other scheme with regard to
furnishing supplies, the making
of contracts or the adjustment
or settlement of accounts
relating to public property or
funds
accused had intent to defraud
the govt
Other frauds
offender is a
public officer
he takes
advantage of his
official position
he commits any of
the frauds or
deceits in 315-318
RTC has jurisdiction over

the offenses regardless of
the amount or penalty
involved, because the
principal penalty is
disqualification
Criminal Law 2 55

Essence of Fraud against Public treasury
making the govt pay for something not received
making it pay more than what is due
illegal exaction, element
1. offender is a public officer entrusted with the
collection of taxes, licenses, fees and other impost
2. he is guilty of illegal exactions
a. demanding the payment of sums different
or larger that those authorized by law
mere demand will consummate the crime,
even if the taxpayer refuse to come across
with the amount being demanded
b. failing voluntarily to issue a receipt as
provided by law for any sum of money
collected by him officially the law
requires a receipt in the form prescribed
by law (official receipt)
c. collecting or receiving by way of payment
or otherwise things or objects of a nature
different from the provided law checks
not belonging to taxpayer should not be
accepted except managers or certified
check.
Essence of illegal exaction

it is not misappropriation of any of the amounts
but the improper making of the collection which
would prejudice the accounting of collected
amounts by the govt
who may be liable
public officer charged with the duty to collect
taxes, license fees, import duties and other dues
payable to the govt
Public officer with such functions but are in the
BIR or Customs are not to be prosecuted under the
RPC but under the NLRC or Revised Admin Code
Case
if money is received w/o demanding the same

not under 213
if money is given as gift, crime is indirect exacting
Complex crime
tax collector collected sum larger than authorized
illegal exaction (demanding greater amount) and
malversation (misappropriating the amount
collected)
Criminal Law 2 56

215
Prohibited transaction
offender is an appointive
public officer
he becomes interested in any
transaction of exchange or
speculation
transaction takes place
within the territory subject to
his jurisdiction
he becomes interested in the
transaction during his
incumbency
Buying and selling stocks
listed in the stock exchange
by an official of the SEC
actual fraud is not required.
Essence
the act being punished is the
possibility that fraud may be
committed or that the officer
may place his own interest
above the govt
216
Possession of prohibited
interest by a public officer
Person liable
1. public officer interested in
any contract or business
w/c was his official duty to
intervene
2. expert and private
accountants who took part
in any contract or
transaction connected
with the estate or
property in the appraisal,
distribution or
adjudication of which they
had acted.
3. guardians and executors
with respect to the
property belonging to
their wards or the estate.
217
Malversation of public funds or property

he had the custody or control of funds
or property by reason of the duties of
his office
those funds or property were public
funds or property for which he was
accountable
he appropriated, misappropriated or
consented, or through abandonment
negligence, permitted another person
to take them
1. appropriating public funds or property

2. taking or misappropriating the same
3. consenting, or through abandonment
or negligence, permitting any other
person to take such public funds or
property
4. being otherwise guilty of the
misappropriation or malversation of
such funds or property
218
Failure of accountable officer to
render account
offender is a public officer,

whether in the service or
separated therefrom
he must be an accountable
officer for public funds or
property
he is required by law or
regulation to render
accounts to the commission
on audit, or to a provincial
auditor
he fails to do so for a period
of 2months after such
accounts should be rendered
felony by omission
misappropriation is not needed
or else liable under 217
demand for accounting is
necessary
219
Failure of a responsible
public officer to render
accounts before leaving the
country
public officer
he must be an
accountable officer
for public funds or
property
he must have
unlawfully left (or
leaving) the Phil w/o
securing from the
COA a certificate
showing that his
accounts have been
finally settled
mere act of leaving
misappropriation is
not needed
Criminal Law 2 57

216
Possession of prohibited interest by a public officer
mere violation is enough, no need to prove fraud

appointive and elective official are liable, even
private individual
Essence
fraud maybe committed, or own interest above
that of the govt/other parties
Constitutional prohibition
congress cannot personally appear as counsel
cannot be interested financially in any special
privilege granted by govt
cannot intervene any matter before the govt
executive cannot hold any other office
Cons.Com cannot hold any other office or engage
in practice of profession or financially interested in
contract by the govt
217
Malversation of public funds or property
Case
the nature of the duties of the public officer not

the name of the office controls
NOTES
malversation is predicated on the relationship of
the offender to the property or funds involved
can be committed only by an officer accountable
for the funds r property which is appropriated
o cashiers, disbursing officer or property
custodian and any public officer having
custody of public funds or property for
which he is accountable
no actual misappropriation of offender is needed
o somebody else may have misappropriated
the funds in question
o it is enough that he has violated the trust
reposed on him in connection with the
property
not necessary that offender profited by his
malversation
o his being remiss in the duty of safekeeping
public funds violates the trust reposed.
the crime is plain malversation whether dolo or
culpa
no damage to the govt necessary
demand is not an element
o only raises a prima facie presumption that
missing funds have been put to personal
use
Cases
if the charge is for intentional malversation but
what was proved was culpable malversation, the
offender can be convicted under the information
the dolor or culpa present in the offense is only a
modality in the perpetration of the felony.
even if the mode charged differs from the mode
proved, the same offense of malversation is
involved and conviction on thereof is proper.
Case
suppose the money is refunded on the same day it

was misappropriated, malversation is still
committed
refund of funds on the same day of
misappropriation does not exempt the offender
from criminal liability.
the return of the funds malversed is only
mitigating not exempting circumstances,
Cases
offender
willing
to
pay
the
amount
misappropriated or willing to make some
restitution of the property misappropriated, he
still be liable for malversation
the payment does not extinguish criminal liability
for malversation but only the civil liability of the
offender.
Criminal Law 2 58

Case
Case
Case
unauthorized disbursement of public funds is not

malversation
only when public officer who has custody of public
funds appropriate, take, misappropriate; or
consent any other person, through abandonment
or negligence, to take such public fund/property
payment made in good faith, only civil not crime
a private propert was attached or levied by the

sheriff, can it be a subject of malversation?
YES
though the property belonged to a private person,
the levy or attachment of the property impressed
it with the character of being part of the public
property it being in custodia legis.
suppose the municipal treasurer allowed a private

persons check to be encashed using the funds in
his custody, liable for malversation?
YES
the act of changing the cash of the govt with the
check of a private person, even though the check
is good.
a check is cleared only after 3days, during that
period the govt is being denied the use of the
public fund.
Private person commit maleversation

1. conspiracy with a public officer in committing
malversation
2. when he has become accomplice or accessory to a
public officer who commits malversation
3. when the private person is made the custodian in
whatever capacity of public funds or property,
whether belonging to national or local govt, and
misappropriate the same.
4. when he is constituted as the depository or
administrator of funds or property seized or
attached by public authority even though said
funds or property belong to a private individual.
Case
is falsification of documents was resorted to for

the purpose of concealing malversation, is a
complex crime committed?
NO
complex crime require that one crime is used to
commit another
if falsification is resorted to for the purpose of
hiding the malversation, the falsification and
malversation are separate offenses.
Case
presumption of misappropriation arise

when a demand is made upon an accountable
officer and he cannot produce the fund or
property involved.
the presumption arises only if at the time the
demand to produce the public funds, the
accountability of the accused is already
determined and liquidated, that is, a complete and
trustworthy audit should have been undertaken.
the moment any money is commingled with the
public fund even if not due the govt, it becomes
impressed with the characteristic of being part of
public funds.
Malversation
Committed by an
accountable public officer
Deals with public funds or

property
May be committed without
personal misappropriation,
as when the accountable
officer allows another to
misappropriate the same
Estafa
Committed by a private
person or even a public
officer who acts in a private
capacity
Deals with private property
Committed by personal
misappropriation only
Criminal Law 2 59

Case
a municipal treasurer, accountable for public funds

or property, encashed with public funds private
checks drawn in favor of his wife. The checks
bounced, the drawer not having enough cash in
the drawee bank. The municipal treasurer, in
encashing private checks from public funds,
violated regulations of his office. Notwithstanding
restitution of the amount of the checks, can the
Treasurer be criminally liable? what crime
committed?
YES
notwithstanding the restitution of the amount of
the check, the treasurer will be criminally liable as
restitution does not negate criminal liability
although it may be considered as mitigating
circumstances similar or analogous to voluntary
surrender.
however, if the restitution was made immediatety
under vehement protest against an imputation of
malversation and without leaving the office, he
may not be criminally liable.
Criminal Law 2 60

220
Illegal use of public funds or
property
Technical malversation
public officer
there is public fund or
property under his
administration
such public fund or property
has been appropriated by law
or ordinance
he applies the same to a
public use other than that for
which such fund or property
has been appropriated by law
or ordinance
221
Failure to make delivery of
public funds or property
that the public officer

has govt funds in his
possession
he is under obligation to
make payments from
such funds
he fails to make
payment maliciously
1. failing to make payment

by a public officer who
is under obligation to
make such payment
from govt funds in his
possession
2. refusing to make
delivery by a public
officer who has been
ordered by competent
authority to deliver any
property in his custody
or under his admin
222
Officers included in the preceding
provisions
liability under 217-221
1. private individual who in any
capacity whatsoever, have
charge of any national,
provincial or municipal funds,
revenue or property
2. administrator, depository of
duns or property attached,
seized or deposited by public
authority even if such
property belongs to a private
individual.
sheriff and receiver are
administrator
judicial administrator not
included
private property is included if
it is attached, seized or
deposited by a public
authority.
223
Conniving with or consenting to
evasion
224
Evasion through negligence
public officer
who shall consent to the
escape of a prisoner in his
custody or charge

he is charged with the
conveyance or custody of
a prisoner, either
detention prisoner or
prisoner by final judgment
such prisoner escapes
through his negligence
Criminal Law 2 61

220
Illegal use of public funds or property
the presumption of criminal intent will not,

however, automatically apply to all changes of
technical malversation because disbursement of
public funds for public use is per se not an
unlawful act
technical malversation
the fund or property involved is already
appropriated or earmarked for a certain public
purpose
instead of applying it to the public purpose for
which the fund or property was already
appropriated by law, the public officer applied it to
another purpose.
Case
suppose the funds had been appropriated for a

particular purpose, but the same was applied to
private purpose, what is the crime?
simple malversation only
Technical malversation
Malversation
Offender are accountable public officers in both crimes
Offender derives no
personal gain or benefit
Generally, the offender

derives personal benefit
Public fund or property is

diverted to another public
use other than that
provided for in the law
Conversion is for the

personal interest of the
offender or of another
person
Cases
X appropriated the salary differentials of
secondary school teachers of the Sulu State
College contrary to the authorization issued by the
DBM.
NO technical malversation
absent of third element
the authorization by DBM is not an ordinance or
law
Case
suppose the application made proved to be more

beneficial to the public than the original purpose
YES
damage is not essential element
223
Conniving with or consenting to evasion
malversation by private person
1. when he conspired with a public officer
2. he is an accomplice or accessory
3. where a private person was constituted a
custodian in whatever capacity even w/o a public
officer involved and he misappropriated the same.
Case
AA was designated custodian of the distrained
property of JJ by the BIR. He assumed the specific
undertakings which included the promise that he
will preserve and the equipment. subsequently, he
reported to the BIR that JJ surreptitiously took the
distrained property. Did AA become a public
officer by virtue of his designation as custodian of
distrained property by the BIR?
NO.
to be public officer, one must:
o take part in the performance of public
functions in the govt, or in performing in
said govt or in any of its branches public
duties as an employee, agent or
subordinate official, or any rank or class
o that his authority to take part in the
performance of public functions or to
perform public duties must be by
direct provision of the law
popular election
appointment
by
competent
authority
Criminal Law 2 62

224
evasion through negligence
Note
Case
Case
there must have been definite laxity amounting to

deliberate non-performance of duty.
there is real and actual evasion of service of
sentence when the custodian permits the prisoner
t obtain relaxation of his imprisonment
the fact that the public officer recaptured the
prisoner who escaped from his custody does not
afford complete exculpation
if a policemen on guard duty unlocked the door of

the jail to let a detention prisoner to go out so he
can clean the premises, but on the latters third
trip to a nearby faucet, he walked behind the
police headquarters, climbed over the wall and
escape , this crime is not committed.
mere order, however to prisoner to keep close

while answering the telephone is not a sufficient
precaution under the circumstances and of the
escape of the prisoner, he is liable under this
article.
he should have locked the prisoner back in jail
before answering the telephone as there was
nothing in the call necessitating preferences to
accuseds official duty of locking him back in jail.
Case
will mere laxity amount to negligence within 224?

YES
it is the duty og any police officer having custody
of a prisoner to take necessary precautions to
assure the absence of any means of escape.
a failure to undertake these precautions will make
his act one of define laxity or negligence
amounting to deliberate non-performance of duty
Note
Liability of the escaping the prisoner
1. if the fugitive is serving his sentence by reason of
final judgment he is liable for evasion of the
service of sentence (157)
2. if the fugitive is only a detention prisoner he
does not incur any criminal liability.
Case
people v Nava
negligence here is one which approximates malice
or deliberate non-performance of duty.
charged administratively but not criminally
not every negligence or distraction o f a guard is
penalized
it is only that positive carelessness that is short of
deliberate non-performance of his duties as a
guard that is the graveman of the crime of
infidelity under 224.
not every little mistake or distraction of a guard
leading to prisoners taking advantage of a
dilapidated condition of the building he finds in, is
negligence under 224.
Criminal Law 2 63

225
Escape of prisoner under the custody
if a person not a public officer
offender is a public person

conveyance or custody of
prisoner or person under
arrest is confined to him
prisoner or person under
arrest escapes
offender consents to the
escape of the prisoner or
person under arrest or that
the escape takes place
through his negligence
226
Removal, concealment or
destruction of document
Infidelity in the custody of
documents
officer
he abstracts, destroys,
or conceals documents
or papers
said document or
papers should have
been entrusted to such
public officer by reason
of his office
damage, whether
serious or not, to a third
party or to the public
interest should have
been caused.
227
Office breaking seal
officer
he is charged with the
custody of paper or
property
these papers or
property are sealed by
proper authority
he breaks the seals or
permits them to be
broken
228
Opening of closed documents
public officer
any closed papers,
documents or objects are
entrusted to his custody
he opens or permits to be
opened said closed papers,
documents or objects
he does not have proper
authority
229
Revelation secrets by an officer
1. revealing any secrets known to the

offending public officer by reason of
public officer
he knows of a secret by reason of
he reveals such secret without
authority or justifiable reasons
damage, great or small, is caused to
the public interest
2. delivering wrongfully papers or copies
of papers of which he may have charge
and which should not be published.
public officer
charged with papers
those papers should not be
published
he delivers those papers or copies
thereof to a third person.
delivery is wrongful
damage is caused to public interest
Criminal Law 2 64

225
Escape of prisoner under the custody if a person
not a public officer
Case
Case
the elements of this felony are similar to that of

infidelity in the custody of prisoners, except that
the offender is a private person to whom the
custody of prisoner shall have been confined.
226
removal, concealment or destruction of
document
when such private person shall accept any

consideration or gift for the non-performance of a
duty confided to him, bribery is committed in
addition because he is performing a public
function, hence, at that instance, he is deemed to
be a public officer.
not applicable if a private person was the one who

made the arrest and he consented to the escape
of the person arrested.
Infidelity committed by private person

private person to whom the prisoner was
entrusted and he connived with the prisoner (223)
or through his negligence (224) the prisoner was
allowed to escape.
if the escape was with consideration, bribery is
deemed committed in addition because he was
performing a public function, hence is, at that
instances, deemed to be a public officer.
destroying or concealing document or papers does

not require proof of illicit purpose
the document must be complete and one by which
a right can be established or an obligation could be
extinguished.
damage to third persons or to the public must be
actual but need not be pecuniary or material
damage may consist in mere alarm to the public or
in the alienation of its confidence in any branch of
the govt service
if the act charged is removal of the documents,
there must be proof of an illicit or unlawful
purpose on the part of the offender unlike in cases
of destroying or concealing the same for which no
proof of criminal purpose or objective is required
Removal be for an illicit purpose

YES
when intention is to
o tamper with it
o profit by it
o commit an act constituting a breach of
trust in the official care thereof
Consummation of crime
the crime of removal of public document in breach
of official trust is consummated upon its removal
or secreting away from its usual place in the office
and after the offender had gone out and locked
the door, it being immaterial whether he has or
has not actually accomplished the illicit purpose
for which he removed said document.
what is punished is the breach of public trust
what way may it be committed?
1. removal
a. presupposes appropriation of the official
documents.
b. does not require that the record be
brought out of the premises where it is
kept
c. it is enough that the record be removed
from the place where it should be
transferred to another place where it is
not supposed to be kept.
2. destruction
a. is equivalent to rendering useless or the
obliteration of said document
b. the complete destruction is not necessary
3. concealment
a. means that the documents are not
forwarded to their destination and it is not
necessary that they are secreted away in a
place where they could not be found.
Criminal Law 2 65

Case
suppose, in the case of bribery or corruption, the

monetary consideration was marked as exhibits,
the custodian spent the money so marked.
o Infidelity in the custody of document
o the money adduced as exhibits partake
the nature of a document and not as
money
also includes delivering the document to the
wrong party
Criminal Law 2 66

230
Pubic officer revealing secrets of
private individual
public officer
he knows of the secret of
private individual by reason
of his office
he reveals such secrets w/o
authority or justifiable reason
Criminal Law 2 67

Other offenses or irregularities by public officer

231
Open disobedience
offender is a judicial or
executive officer
there is judgment, decision or
order of a superior authority
offender without any legal
justification openly refuses to
execute the said judgment,
decision or order, which he is
duty bound to obey
232
Disobedience to order of
superior officer, when said
order was suspended by
inferior officer
public officer
an order is issued by his
superior for execution
he has for any reason
suspended the
execution of such order
his superior disapproves
the suspension of the
execution of the order
offender disobeys his
superior despite the
disapproval of the
suspension
233
Refusal of assistance
public officer
competent authority
demands from the
offender that he lend
cooperation towards
the administration of
justice or other public
service
offender fails to do so
maliciously
234
Refusal to discharge elective office
offender is elected by
popular election to a public
office
he refuses to be sworn in or
to discharge the duties of
said office
there is no legal motive for
such refusal to be sworn in
or to discharge the duties of
said office
235
Maltreatment of prisoner

under his charge a prisoner or
detention prisoner
he maltreats such prisoner by:
1. by overdoing himself in the
correction or handling of a prisoner
or detention prisoner under his
charge by (A) by the imposition of
punishments not authorized by the
regulation, (B) by inflicting such
punishment (those authorized) in a
cruel or humiliating manner
2. by maltreating such prisoner to
extort a confession or to obtain
some information from the
prisoner.
Criminal Law 2 68

236
Anticipation of duties of a public office
offender is entitled to hold public

office or employment, either by
election or appointment
law requires that he should first be
sworn in and/or should first give a
bond
he assumes the performance of
the duties and powers of such
office
he has not taken his oath of office
and/or give the bond required by
law
237
Prolonging performance of
duties and powers
offender is holding a
public office
period provided by law,
regulations or special
provisions for holding
such office, has already
expired.
he continues to exercise
the duties and powers
of such office.
238
Abandonment of office
position
officer
he formally resigns
from his position
he resignation has not
yet been accepted
he abandons his office
to the detriment of
the public service
239
Usurpation of legislative powers
offender is an executive or
judicial officer
offender makes general
rules or regulations beyond
the scope of his authority
or attempts to repeal a law
or suspends the execution
thereof
241
Usurpation of executive functions
offender is a judge
(A) assumes a power pertaining
to the executive authority
(B) obstruct executive
authorities in the lawful exercise
of their powers.
Criminal Law 2 69

242
Usurpation of judicial functions

proceeding is pending before
such public officer
there is a question brought
before the proper authority
regarding his jurisdiction,
which is yet to be decided
he has been lawfully required
to refrain from continuing the
proceeding
he continues the proceeding
243
Orders or request by executive
officers to any judicial authority
offender is an executive
officer
he addresses to any
order or suggestion to
any judicial authority
the order or suggestion
relates to any case or
business coming within
the exclusive jurisdiction
of the courts of justice
244
Unlawful appointments
public officer
he nominates or
appoints a person to a
public office
such person lacks the
legal qualification
thereof
offender knows that his
nominee or employee
lacks the qualifications
at the time he made
the nomination or
appointment
245
Abuses against chastity
public officer
he solicits or makes immoral
or indecent advances to a
woman
soliciting or making immoral or

indecent advances to a woman
interested in matters pending
before the offending officer for
decision, or with respect to which
he is required to submit a report to
or consult with a superior officer
soliciting or making immoral or
indecent advances to a woman
under the offenders custody
soliciting or making indecent
advances to the wife, daughter,
sister or relative within the same
degree by affinity of any person in
the custody of the offending
warden or officer
Criminal Law 2 70

CRIMES AGAINST PERSONS DESTRUCTION OF LIFE

246
Parricide
deceased is killed by the

accused
deceased is the
father
mother
child, legitimate or
illegitimate
legitimate other
ascendant or other
descendant
legitimate spouse of
the accused
247
Death or physical injury inflicted under
exceptional circumstances
a legally married person or a
parent surprises his spouse or
daughter, the latter under
18years of age and living with
him, in the act of committing
sexual intercourse
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
he 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
248
Murder
that a person was killed

that the accused killed him
that the killing was attended
by any of the qualifying
circumstances mentioned in
art 248
that the killing is nor
parricide or infanticide
Qualifying circumstances
1. with treachery, taking
advantage of superior
strength, with the aid of
armed men, or
employing means to
weaken the defense, or
of means or persons to
insure or afford
impunity
2. in consideration of
price, reward or promise
3. by means of inundation,
fire, poison, explosion,
shipwreck, standing on a
vessel, derailment or
assault on a railroad, fall
of an airship, by motor
vehicles, or with the use
of any other means
involving great waste or
ruin
4. on occasion of any of the

calamities enumerated in
the preceding paragraph,
or of an earthquake,
eruption of volcano,
destructive cyclone,
epidemic, or 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
Criminal Law 2 71

249
Homicide
that a person is killed

that the accused killed him
without any justifying
circumstances
the accused had intention
to kill which is presumed
the killing was not attended
by any of the qualifying
circumstances of murder,
or by that of parricide or
infanticide
251
Death caused in a tumultuous
affray
there be several persons
they did not compose
groups organized for the
common purpose of
assaulting and attacking
each other reciprocally and
assaulted one another in a
confused and tumultuous
manner
someone was killed in the
course of the affray
it cannot be ascertained
who actually killed the
deceased
the person or persons who
inflicted serious physical
injuries or who used
violence can be identified
252
Physical injuries in a tumultuous
affray
there is a tumultuous affray
as referred to in the
preceding article
a participant or some
participant thereof suffers
physical injuries of a less
serious nature only
person responsible thereof
cannot be identified
all those who appear to have
used violence upon the
person of the offended party
are known
253
Giving assistance to suicide
assisting another to
commit suicide,
whether the suicide is
consummated or not
lending assistance to
another to commit
suicide to the extent of
doing the killing himself
254
Discharge of firearms
offender discharges a
firearm against another
person
offender has no intention
to kill the person
Criminal Law 2 72

251
Death caused in a tumultuous affray
Tumultuous Affray
means a commotion in a tumultuous and confused
manner, to such an extent that it would not be
possible to identify who the killer if death results,
or who inflicted the serious physical injuries, but
the person or person who used violence are
known.
tumultuous must be more than 3 persons
does not apply on concerted fight between 2 organized
groups
members of different gangs
there is conspiracy
Essence
the inability to ascertain actual perpetrator
the very person who caused the death cannot be
known, not that he cannot be identified (under
fictitious name like John Doe)
Case
if the quarrel or rumble involving organized groups
resulted in the death of a person and it cannot be
identified who in particular committed the killing,
what is the crime committed?
o homicide or murder
o collective responsibility on both sides
Case
as long as it cannot be determined who killed the

victim, all those persons who inflicted serious
physical injuries will be collectively answerable for
the death of that fellow
if those who inflicted serious physical injuries
cannot be ascertained, those who used violence
upon the deceased shall be punished by prision
correctional in it medium and maximum period.
o kicking, boxing
if persons responsible for killing is identified, then
those who inflicts physical injuries are liable for
said offenses provided no conspiracy.
Who are the victim

participant
passerby
Persons liable for death/physical injuries in tumultuous
affray
1. person who inflicted serious physical injuries upon
the victim
2. if unknown, anyone who employed violence
3. if unknown, crime committed is
a. disturbance of public order (unarmed)
b. tumultuous disturbance (armed)
c. malicious mischief (property is destroyed)
252
Physical injuries in a tumultuous affray
What kind of injury?
serious or less serious physical injuries and
resulting from a tumultuous affray
slight physical injuries are inherent in tumultuous
affray
who are the victim
participant
who are liable
those who used violence are punished
the one caused the physical injuries are known, he
will be liable for physical injuries actually
committed and not under this article
Criminal Law 2 73

253
Giving assistance to suicide
the intention must be for the person who asking

the assistance of another to commit suicide
the penalty of the one assisting is mitigated if
suicide is not successful
giving assistance to suicide

giving arms, poison, etc, or whatever manner of
positive and direct cooperation, intellectual aid,
suggestion regarding the mode of committing the
suicide
Case
suppose the intention is not to commit suicide, as

when he just wanted to have a picture taken of
him to impress upon the world that he is
committing suicide because he is not satisfied of
the govt?
o inciting to sedition
o the person giving assistance becomes a coconspirator in the crime of inciting to
sedition, but not of giving assistance to
suicide because the assistance must be
given the one who is really determined to
commit suicide
liability of person attempting to suicide if he survive

no liability for suicide
liable for disturbance of public order if indeed
serious disturbance of public peace occurred due
to his attempt to commit suicide
case
one who upon a plea of his friend to pull the

trigger of the gun to which he himself poked on his
temple as he could no longer bear the pain due to
a brain cancer, squeezed the said trigger is liable
even if the suicide did not materialize, he is liable
but lowered by 1-2 degrees depending upon
attempted or frustrated.
Giving assistance
to suicide
The principal actor is the

person committing the
suicide
Mercy killing or
euthanasia
The victim is not in a

position to commit suicide.
Whoever would heed his
advice is not really giving
assistance to suicide but
doing the killing himself
the intention to end the life comes from the victim
himself
the victim must persistently induce the offender to
end his life
254
Discharge of firearms
purpose
merely frighten or intimidate the offended party
imprudence?
NO
discharge must be directed to another
case
Case
Case
if the firearm is directed at the person and the

trigger was pressed but did not fire.
o frustrated discharge of firearm
resulted to serious physical injury
o complex crime of serious physical injury
with illegal discharge of firearm
Slight physical injury
o 2 crimes
o illegal discharge and slight physical injury
o there should be no intent to kill
Criminal Law 2 74

255
Infanticide
a child was killed by the

accused
deceased child was less
than 3days old or less then
72hours of age
accused killed the said child
256
Intentional abortion
there is a pregnant woman

violence is exerted, or drugs or
beverages administered, or that
the accused otherwise acts upon
such pregnant woman
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
abortion intended
1. using any violence upon the

person of the pregnant woman
2. by administering drugs or
beverages upon such pregnant
woman w/o her consent
3. by administering drugs or
beverages with consent of the
pregnant woman
257
Unintentional abortion
there is a pregnant
woman
violence is used upon
such pregnant woman
w/o intending an
abortion
violence is intentionally
exerted
as a result of the violence
exerted, the fetus dies
either in the womb or
after having being
expelled therefrom.
258
Abortion practice by the woman
herself or by her parents
there is a pregnant
woman who as suffered
abortion
abortion is intended
abortion caused by:
pregnant woman
herself
any other person,
with her consent
any of her parents,
with her consent for
the purpose of
concealing her
dishonor
liability of pregnant
woman is mitigated
parent has no mitigation
259
Abortion practiced by physician
midwife and dispensing of abortive
there is a pregnant woman
who has suffered abortion
abortion is intended
the offender must be a
physician or midwife who
causes or assisted in
causing the abortion
said physician or midwife
takes advantage of his
scientific knowledge or skill
pharmacist
offender is pharmacist
there is no proper
prescription from a
physician
offender dispenses an
abortive
Criminal Law 2 75

255
infanticide
note
case
case
case
is the killing of any child less than 3days old or

72hours of age, whether the killer is the parent or
grandparent, any relative of the child, or a
stranger
if the killer is parent or legitimate grandparent, the
penalty is of parricide.
not committed if the child is born dead, or if the
child is already dead
Infanticide
The age of the victim is less
than 3days old
The victim is 3days old or

above
If done in conspiracy with a

stranger, both the parent
and conspirator are liable
for infanticide
The co-conspirator is liable

for murder because of the
absence of relationship
Concealment of dishonor in
killing the child is mitigating
concealment of dishonor merely lowers the

penalty
only the mother or maternal grandparent are
entitled to mitigating circumstances of concealing
dishonor.
o mother must be in good reputation
other person who cooperates with the mother will
suffer the penalty of murder
parricide
case
Concealment of dishonor in
killing the child is not a
mitigating circumstance
both have intent to kill the child
suppose the child is abandoned w/o any intent to

kill and death results as a consequences
o abandonment not infanticide
child more than 3days old

mother is parricide, co-conspirator is murder
there is no imprudence to conceal dishonor

o there is malice in the concealment
Criminal Law 2 76

256
intentional abortion
Abortion
is the willful killing of the fetus in the uterus, or
the violent expulsion of the fetus from the
maternal womb that results in the death of the
fetus
crime against the fetus not against the woman
person liable
person who actually caused the abortion
the pregnant woman if she consented under 258
o the offender must know of the pregnancy
because the particular criminal intention is
to cause an abortion
what determines personality
art 40, CC
o birth determines personality
o a person is considered born at the time
when the umbilical cord is cut
o he then acquires a personality separate
and distinct from his mother
art 41, CC
o if the fetus had an intra-uterine life of less
than 7months, it must survive at least 24
hours after the umbilical cord is cut for it
to be considered born.
note
as long as the fetus dies, abortion exist even if
over or less than 7months.
if the fetus having an intra-uterine life less than
7months, could sustain an independent life the
crime is INFANTICIDE
case
case
case
case
case
7months, if umbilical cord is cut, the child if not

killed would have survived beyond 24hours
o infanticide
o conceived child is already considered born
if shown that child, if not killed, would NOT survive
beyond 24hs
o abortion
fetus should die to consummate abortion

o there is frustrated intentional abortion
if abortion is not intended
o physical injuries
suppose the mother suffers death or physical
injuries
o complex crime of murder or physical
injuries with abortion
the offender must know of pregnancy
o intentional otherwise unintentional
if fetus is viable but unable to sustain life outside
the maternal womb
o frustrated abortion because abortion is
consummated only if the fetus is dead
suppose the expelled viable fetus could sustain life

from the mothers womb
o infanticide
Abortion
Infanticide
The victim is not viable but

remains to be fetus
The victim is already a

person less than 3days old
or 72hours and is viable or
capable of living separately
from the mothers womb
No mitigation for parents of

pregnant woman even if
the purpose is to conceal
dishonor
Mitigated if with consent
with pregnant woman
The mother and maternal

grandparents of the child
are entitled to the
mitigating circumstance of
concealing the dishonor
case
case
note
case
suppose the means employed is inadequate or

insufficient
o impossible crime of abortion
not pregnant but performed abortion
o impossible crime of abortion
abortion performed by parents with consent to

conceal dishonor
o penalty is the same to woman who
practiced the abortion upon herself
a sister who persuades abortion is co-principal
a lover who looks for physicians for her pregnant
lover is an accomplice
Criminal Law 2 77

case
257
Unintentional abortion
note
case
case
case
requires physical violence inflicted deliberately

and voluntarily by a third person
if A pointed a gun at a pregnant lady causing
abortion is not liable because there is no violence.
o if he intended the abortion, then
intentional abortion
mere intimidation is not enough unless the degree
of intimidation already approximates violence.
is the crime committed if the pregnant woman

aborted because of intimidation
o NO
o no violence
o light threats
a quarrel ensued between a husband and wife.
violence was resorted by the husband causing
abortion and death of wife
o complex crime of parricide with
unintentional abortion
pregnant woman killed by husbad
o complex crime of parricide with unlawful
abortion
can be committed with negligence
Note
case
case.
case
Note
2 woman quarrel, the A has no knowledge that the B is

pregnant hit the B in the stomach causing abortion.
o YES, despite of A lack of knowledge of B
pregnancy
o ART 4 RPC, act different from intended
o the act of employing physical force upon
woman is already a felony.
o it is not material if the offender knew about
the woman being pregnant
if violence is not felonious (self defense) and NO

knowledge of pregnancy
o NO liability
if violence is not felonious but there is knowledge
o unintentional abortion
pregnant woman decided to commit suicide
o NO, violence must come from another
person
o no intention to commit abortion
pregnant woman commit abortion
o intentional abortion
abortive drug used is prohibited drug RA 9165
o intentional abortion and violation of RA
9165
complex crime of grave threats and intentional
abortion
separate crimes of light threats and intentional
abortion
259
Abortion practiced by physician, midwife
and dispensing of abortive
Note
case
case
case
as to pharmacist, the crime is consummated by

dispensing an abortive w/o proper prescription
from a physician
not necessary that abortive is actually used.
immaterial that pharmacist knows abortive would
be used, otherwise liable as accomplice if abortion
should result.
abortion is resorted to save the mother life

o No
o therapeutic abortion, there is medical
necessity that warrant abortion
abortion performed without medical necessity but

was consented by woman and husband
o YES
o consent is not enough to justify abortion.
woman got sick and physician administered durg

causing abortion
o unintentional abortion thru negligence or
imprudence
Criminal Law 2 78

260
Responsibility of participants in a
duel
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
261
Challenging to a duel
260
Responsibilities of participants in a duel
duel
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
it is a formal or regular combat previously

consented between 2 parties, in the presence of 2
or more seconds of lawful age on each side, who
make the selection of arms and fix all the other
conditions of the fight to settle some antecedent
quarrels.
note
a mere fight as a result of an agreement is not

necessarily a duel
o a duel implies an agreement to fight under
determined conditions and with the
participation and intervention of seconds
who fixed the conditions.
if the fight is not a duel, then the injury or death is
homicide, murder or physicals injuries
duel needs a seconds who shall fixed the
conditions of the fight in a more or less formal
manner.
o in a heated argument then challenge to
fight the crime is homicide.
261
challenging to a duel
the punishable act is challenging to a duel

not challenging to a fight
o light threats (art 282-2)
persons liable
challenger
instigator
Criminal Law 2 79

Physical injuries
262
Mutilation
intentionally mutilating
another by depriving him,
either totally or partially, of
some essential organ for
reproduction
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
263
Serious physical injuries
when the injured Person
becomes insane, imbecile,
impotent, or blind in
consequence of the
physical injuries inflicted
when the injured person:
when the injured
a.
loses the use of speech or the

power to hear or to smell, or
looses an eye, a hand, a foot, or
arm or a leg
loses the use of any such member
becomes incapacitated for work
in which he was therefore
habitually engaged in
consequence of the physical
injuries inflicted
a.
b.
becomes deformed
loses any other member of this
body
loses the use thereof
becomes ill or incapacitated for
the performance of the work in
which he was habitually engaged
for more than 90days, in
consequence of the physical
injuries inflicted
b.
c.
c.
d.
when the injured person

becomes ill or incapacitated
for labor for more than 30
days (but must not be more
than 90days), as a result of
the physical injuries inflicted
Criminal Law 2 80

264
Administering injurious substances
or beverages
the offender inflicted serious
physical injuries upon
another
it was done by knowingly
administering to him any
injurious substances or
beverages or by taking
advantage of his weakness of
mind or credulity
he had no intent to kill
265
Less serious physical injuries
offended party is
incapacitated for labor for
10days or more (but nor
more than 30days), or shall
required medical
attendance for the same
period of time
physical injuries must not
be those described in the
preceding articles
266
Slight physical injuries and
maltreatment
physical injuries which

incapacitated the offended
party for labor from 19days, or required medical
attendance during the
same period
physical injuries which did

not prevent the offended
party from engaging in his
habitual work or which did
not require medical
attendance
ill-treatment of another by
deed without causing any
injury (slapping related to
slander by deed)
Criminal Law 2 81

266-A
Rape by carnal knowledge
offender is a man
offender had carnal
knowledge of the woman
such act is accomplished
under any of the following
circumstances
a.
b.
c.
d.
thru force, threat or intimidation

when the offended party is deprived
of reason or is otherwise
unconscious
by means of fraudulent machination
or grave abuse of authority
when the offended party is under
12years of age or is demented, even
though none of the above
circumstances mentioned above be
present
Rape by sexual assault

offended commits an act of
sexual assault
the act of sexual assault is
committed by any of the ff
a.
b.
the act of sexual assault is

accomplished under the ff
a.
b.
by using force or intimidation

when the woman is deprived of
reason or otherwise unconscious
by means of fraudulent
machination or grave abuse of
authority
when the woman is under 12
years of age or demented
d.
2.
by inserting his penis into

another persons mouth or anal
orifice
by inserting any instrument or
object into the genital or anal
orifice of another person
c.
1.
3.
4.
Qualified Rape
when by reason or an
occasion of the rape,
homicide is committed
when the victim is under
18y/o and the offender is a
parent, ascendant, stepparent, guardian, relative
by consanguinity or affinity
within the third civil
degree, or the common law
spouse of the victim (stepsiblings are not included)
when the victim is under
the custody of the police or
military authorities or any
law enforcement or penal
institution
when rape is committed in
full view of the husband,
parent, any of the children
or other relatives within
the third civil degree of
consanguinity
5. when the victim is engaged

in a legitimate religious
vocation or calling and is
personally known to be such
by the offender before or
after the commission of the
crime
6. when the victim is a child
below 7y/o
7. when the offender knows
that he is inflicted with
HIV/AIDS or any other
sexually transmissible
disease and the virus or
decease is transferred to the
victim
8. when committed by any
member of the AFP or
paramilitary units thereof of
the PNP or any law
enforcement agency or
penal institution, when the
offender took advantage of
his position to facilitate the
commission of the crime
9. when by reason or on
occasion of the rape, the
victim has suffered
permanent physical
mutilation or disability
10. when the offender knew of
the pregnancy of the
offended party at the time
of the commission of the
rape
11. when the offender knew of
the mental disability,
emotional disorder, and/or
physical handicap of the
offended party at the time
of the commission of the
crime
Criminal Law 2 82

267
Kidnapping and Serious Illegal
Detention
offender is a private
individual who is not any of
the parents of the victim
he kidnaps or detains
another, or in any other
manner deprives the matter
of his liberty
act of detention or
kidnapping must be illegal
in the commission of the
offense, any of the ff is
present
a.
b.
c.
d.
kidnapping or detention last for

more than 3days
it is committed simulating public
authority
any serious physical injuries are
inflicted upon the person kidnapped
or detained or threats to kill him are
made
the person kidnapped or detained is
a minor, female or public officer
268
Slight illegal detention
269
Unlawful arrest
offender is a private
individual
he kidnaps or detains
another, or in any other
manner deprives him of his
liberty
act of kidnapping or
detention is illegal
crime is committed without
the attendance of any of
the circumstances in 267
Note:
Offender arrests or detains

another person (private or
public person/see 124)
purpose of the offender is
to deliver him to the
proper authorities
arrest or detention is not
authorized by law or there
is no reasonable ground
thereof
270
Kidnapping and failure to return a
minor
offender is entrusted with
the custody of a minor
person (below18y/o)
he deliberately fails to
restore the said minor to his
parents or guardians
271
Inducing a minor to abandon his
home
a minor is living in the home
of his parents or guardian or
the person entrusted with
his custody
offender induces said minor
to abandon such home
may be committed by unlawful

arrest through incriminatory
machination
Criminal Law 2 83

272
Slavery
that the offender purchases,

sells, kidnaps or detains a
human being
that the purpose of the
offender is to enslave such
human being
273
Exploitation of child labor
offender retains a minor in

his service
it is against the will of the
minor
it is under the pretext of
reimbursing himself of a
debt incurred by an
ascendant, guardian or
person entrusted with the
custody of such minor
274
Services rendered under
compulsion in payment of debt
offender compels a debtor

to work for him, either as
household servant or farm
laborer
it is against the debtors
will
the purpose is to require or
enforce the payment of a
debt
275
Abandonment of persons in danger
and abandonment of ones own
victim
failing to render assistance
to any person whom the
offender finds in an
uninhabited place wounded
or in danger or dying when
he can render such
assistance without
detriment to himself, unless
such omission shall
constitute a more serious
offense
failing to help or render
assistance to another whom
the offender has
accidentally wounded or
injured
failing to deliver a child
under 7y/o whom the
offender has founded
abandoned, to the
authorities or to his family,
or failing to take him to a
safe place
276
Abandoning a minor
offender has the custody of

the child
child is under 7 y/o
he abandons such child
he has no intent to kill the
child when the latter is
abandoned
Criminal Law 2 84

277
Abandonment of minor by a person
entrusted with his custody;
offender has charge of the
rearing of education of a
minor
he delivers said minor to a
public institution or other
persons
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
278
Exploitation of minor
indifference of parents
offender is a parent
he neglects his children by
not giving them education
his station is life requires
such education and his
financial condition permits
it
Criminal Law 2 85

280
Qualified Trespass to Dwelling
offender is a private person

he enters the dwelling of
another
such entrance is against the
latters will
281
Other forms of trespass to
dwelling
offender enter the closed
premises, or the fenced
estate of another
entrance is made while
either of them is
uninhabited
prohibition to enter is
manifest
trespasser has not secured
the permission of the
owner or the caretaker
thereof
Criminal Law 2 86

282
Grave Threats
threatening another with
the infliction upon his
person, honor or property or
that of this 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
making such threat w/o the
offender attaining his
purpose
the infliction upon his
person, honor or property or
that of his family of any
wrong amounting to a
crime, the threat not being
subject to a condition
283
Light Threats
offender makes a threat
to commit a wrong
the wrong does not
constitute a crime
there is a demand for
money or that other
condition is imposed,
even though not
unlawful
offender has attained
his purpose or, that he
has not attained his
purpose.
285
Other Light Threats
a weapon, or by drawing
such weapon in a
quarrel, unless it be in
lawful self-defense.
orally threatening
another, in the heat of
anger, with some harm
constituting a crime, w/o
persisting in the idea
involved in his threat
orally threatening to do
another any harm not
constituting a felony.
286
Grave Coercions
preventing another, by means of
violence, threats or intimidation,
from doing something not
prohibited by law
compelling another, by means of
violence, threats or intimidation,
to do something against his will,
whether it be right or wrong.
ELEMENTS
a person prevented another from
doing something not prohibited by
law, or that he compelled him to
do something against his will; be it
ring or wrong
the prevention or compulsion be
effected by violence, threats or
intimidation
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
287
Light Coercions
offender must be a
creditor
he seizes anything
belonging to his
debtor
the seizure of the
thing be accomplished
by means of violence
or a display of material
force producing
intimidation
the purpose of the
offender is to apply
the same to the
payment of the debt
Criminal Law 2 87

282
Grave threats
threat
is a declaration of an intention or determination to
injure another by the commission upon his person,
honor or property or upon that of his family of
some wrong which may or may not amount to
crime.
grave threats
when the wrong threatened to be inflicted
amounts to a crime
light threats
if it does not amount to a crime (283)
note
but even if the harm intended is in the nature of a

crime, if made orally and in the heat of anger and
after the oral threat, the issue of the threat did not
pursue the act, the crime is only other light threats
in 285.
to constitute grave threats the threats must refer
to a future wrong and is committed by acts or
through words of such efficiency to inspire terror
or fear upon another,
o characterized by moral pressure that
produces disquietude or alarm
the greater perversity of the offender is
manifested when the threats are made demanding
money or imposing any condition, whether lawful
or not, and the offender shall have attained his

purpose.
o the law imposes upon him the penalty
next lower in degree than that prescribed
for the crime threatened to be committed
o but if the purpose is not attained, the
penalty lower by 2 degrees is imposed
o the maximum period of penalty is imposed
if the threats are made in writing or
through a middleman as they manifest
evident premeditation
Threat from coercion
coercion essens is violence or intimidation
o no condition involved
o no futurity in the harm or wrong done;
only direct and personal
threat
o the wrong or harm done is future and
conditional
threat and robbery

intimidation
robbery is actual and immediate
threat, future and conditional
nature of intimidation
robbery, personal
threat, maybe thru an intermediary
subject matter
robbery refers to personal property
threat refer to the person, honor or property
intent to gain
robbery, essential
threats, not as essential element
other
robbery makes the danger involved is his threats
directly imminent to the victim and the
obtainment of his gain immediate, thereby also
taking rights to his person, by opposition or
resistance which the victim might offer
threat, the danger to the victim is not instantly
imminent not the gain of the culprit immediate
Criminal Law 2 88

283
Light threats
in order to convict a person the harm threatened

must not be in the nature of crime and there is a
demand for money or any other condition is
imposed even though lawful.
Case; blackmailing what crime?

light threat
o if there is no threat to publish any libelous
or slanderous matter against the offended
party
Libel
o if there is threat to make a slanderous or
libelous publication against the offended
party
o a person threatens to expose the affairs of
married man if the latter does not give
him money. No intimidation done under a
demand
the law imposes the penalty of bond for good
behavior only in case of grave and light threats.
o if the offender cannot post the bond, he
will be banished by way of destierro to
prevent him from carrying out his threat.
286
Grave Coercions
note
case
arises only
if the act which the offender
prevented another to do is not prohibited by law
or ordinance (not illegal)
if a person prohibits another to do an act because

the cat is a crime even though some sort of
violence or intimidation is employed, it would not
give rise to grave coercion.
o only threat or physical injury
if grave coercion where the offended party is
being compelled to do something against his will,
whether it be wrong or not, the crime of grave
coercion is committed if violence or intimidation is
employed in order to compel him to do the act,
compelling the debtor to deliver some of his

properties to pay a creditor will amount to
coercion although the creditor may have a right to
collect payment from the debtor, even if the
obligation is long over due.
Note
case
Note
the violence employed in grave coercion must be

immediate, actual or imminent
essence is an attack on individual liberty
physical violence is exerted to
o prevent a person from doing something he
wants to do
o compel to do something he does not want
to do
if a man compels another to show the contents of

the latters pockets, and takes the wallet, this is
robbery and not grave coercion
the intimidation is a means of committing robbery
with violence or intimidation of persons.
violence is inherent in the crime of robbery with
violence or intimidation upon persons and in
usurpation of real properties because it is the
means of committing the crime
exception to the rule that physical violence must

be exerted
o where intimidation is so serious that it is
not a threat anymore it approximates
violence
Criminal Law 2 89

case
it was held that neither the crime of threats nor

coercion is committed although the accused, a
branch manager of a bank made the complainant
sign a withdrawal slip for the amount needed to
pay the spurious dollar check she had encashed,
and also made her execute an affidavit regarding
the return of the amount against her better sense
and judgment
in court, the complainant may have acted
reluctantly and with hesitation, but still it was
voluntary
o it is different when a complainant refuses
absolutely to act such an extent that she
becomes a mere automation and acts
mechanically only, not of her own will.
o the complainant ceases to exists as an
independent personality and the person
who employs force or intimidation is, in
the eyes of the law, the one acting; while
the hand of the complainant sign, the will
that moves it is the hand of the offender.
287
Light coercion
first paragraph deals with light coercions wherein

violence is employed by the offender who is a
creditor in seizing anything belonging to his debtor
for the purpose of applying the same to the
payment of the debt
Unjust Vexation
in other light coercions or unjust vexation
embraced in the 2 paragraph, violence is absent
in unjust vexation, any act committed without
violence but which unjustifiably annoys or vexes
an innocent person amounts to light coercion
as a punishable act, unjust vexation should include
any human conduct which, although not
productive of some physical or material harm
would, however, unjustifiably annoy or vex an
innocent person.
different from light coercion in 1 paragraph by the
absence of violence
Case
Note
persons stoning someone elses house

so long as stoning is not serious and it is intended
to annoy, it is unjust vexation
if disturbs the peace of mind
the main purpose is to enforce the principle that

no person may take the law into his hands
that our govt is one of laws not of men
essence is the attack on individual liberty
Criminal Law 2 90

288
Other Similar Coercions
forcing or compelling directly or

indirectly, or knowingly permitting
the forcing or compelling of the
laborer or employee of the offender
to purchase merchandise of
commodities of any kind from him
ELEMENTS
offender is any person , agent or
officer of any association or
corporation
he or such firm or corporation has
employed laborers or employees
he forces or compels, directly or
indirectly, or knowingly permits to be
forced or compelled, any of his or its
laborers or employees to purchase
merchandise or commodities of any
kind from him or from said firm or
corporation
paying the wages due his

laborer or employee by means
of token or object other than
the legal tender currency of the
Phil, unless expressly requested
by such laborer or employee
ELEMENTS
offender pays the wages due a
laborer or employee employed
by him by means of tokens or
objects
those tokens or objects are
other than the legal tender
currency of Phil
such employee or laborer does
not expressly request that he
be paid by means of tokens or
objects
289
Formation, maintenance, and
prohibition of combination of capital or
labor thru violence o threats
offender employs violence or
threats, in such a degree as to
compel or force the laborers or
employers in the free and legal
exercise of their industry or work
the purpose is to organize,
maintain or prevent coalitions of
capital or labor, strike of laborers
or lockout of employers
290
Discovering secrets thru seizure of correspondence
offender is a private individual or even a

public officer not in the exercise of his
official function
he seizes the papers or letters of another
the purpose is to discover the secrets of
such another person
offender is informed of the contents of the
papers or letter seized.
Criminal Law 2 91

290
discovering secrets thru seizure of
correspondence
Note
Case
this crime is against the security of ones papers

and effects
the purpose must be to discover its effects
the act violates the privacy of communication
the last paragraph of 290 expressly makes the

provision of the first and second paragraph
thereof inapplicable to parents, guardians, or
persons entrusted with the custody of minors
placed under their care or custody, and to the
spouses with respect to the papers or letters of
either of them
the teachers or other persons entrusted with the
care and education of minors are included in the
exceptions
estafa, damage to property and unjust vexation

Estafa
if the act had been executed with intent of gain
damage to property
if the purpose was not to defraud, but only to
cause damage to anothers
unjust vexation
if the intention was merely to cause vexation
preventing another to do something which the law
does not prohibit or compel him to execute what
he does not want
note
revelation of secrets discovered not an element of

the crime but only increases the penalty
a spouse who rummaged and found love letters of

husband to mistress does not commit this crime,
but the letters are inadmissible in evidence
because of unreasonable search and seizure.
wife should have applied for a search warrant
Criminal Law 2 92

291
Revealing secrets with abuse of
office
offender is a manager,
employee or servant
he learns the secrets of his
principal or master in such
capacity
he reveals such secrets
292
Revelation of industrial secrets
offender is a person in
charge, employee or
workman of a
manufacturing or
industrial establishment
the manufacturing or
industrial establishment
has a secret of the
industry which the
offender has learned
offender reveals such
secrets
prejudice is caused to
the owner
291
revealing secrets with abuse of office
Note
an employee manager, or servant who came to know of the secret of his master or principal in such
capacity and reveals the same shall also be liable regardless of whether or not the principal or aster
suffered damages
essence is that the offender learned of the secret in the course of his employment
o he is enjoying a confidential relation with the employer or master so he should respect the
privacy of matters personal to the latter.
if the matter pertains to the business of the employment or master damage is necessary and the agent,
employee or servant is necessary and the agent employee or servant shall always be liable.
o No one has a right to the personal privacy of another
292
revelation of industrial secrets
Note
a business secret must not be known to other

business entities or persons.
it is a matter to be discovered known and used by
and must belong to one person or entity
exclusively
one who merely copies their machines from those

already existing and functioning cannot claim to
have a business secret, much less, a discovery
within the contemplation of 292.
Criminal Law 2 93

CRIMES AGAINST PROPERTY

293
Robbery
there is personal property

belonging to another
there is unlawful taking of
that property
the taking must be with
intent to gain
there is violence against or
intimidation of any person,
or force upon anything
294
Robbery with violence against
or intimidation of person
occasion of the robbery
(taking of personal
another with intent to
gain), the crime of
homicide is committed
2. when the robbery is
accompanied by rape or
intentional mutilation or
arson
3. when by reason of on
occasion of such
robbery, any of the
physical injuries
resulting in insanity,
imbecility, impotent or
blindness is inflicted
occasion of 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
90days or the person injured
becomes ill or incapacitated for
labor for more than 30days.
7. if the violence
employed by the
offender does not
cause any of the
serious physical
injuries in 263, or if
the offender employs
intimidation only.
Criminal Law 2 94

293
Robbery
Case
taking of personal property belonging to another,

with intent to gain, by means of violence against,
or intimidation of any person, or using force upon
anything.
Estafa/malversation
o if object is subject to a valid search
warrant but unlawfully misappropriated
robbery
o if it was not lawful to seize the object
(opium) in order to appropriate it.
Case
case
note
294
Robbery with violence against or
intimidation of person
note
violence or intimidation upon persons may result in

death or mutilation or rape or serious physical injuries
Robbery with homicide

1 robbery, many homicide
1 count of robbery with homicide
o multiple killing in the course of robbery
will be considered only as aggravating
(maximum penalty)
robbery, killing and physical injuries
o physical injuries are aggravating
special complex crime
o specific penalty is provided by law.
in Napolis v CA
violence/intimidation and force upon things in
robbery
complex crime under 48
case
robbery with violence

o the taking is complete when the offender
has already the possession of the thing
even if he has no opportunity to dispose of
it.
robbery with force upon things
o the things must be brought outside the
building for consummated robbery
robbery with homicide

if death result from robbery, provided that the
robbery is consummated
the crime is against property
note
case
homicide in its generic sense (infanticide, murder,

parricide)
robbers enter the window and step a child 3 days

old
robbers commit numbers of killing in a boarder (1
count of robbery with homicide)
o 1 criminal intent to rob
o several killing is only aggravating
o number of killing is immaterial
o all the killings are merge when killing is by
reason or occasion of the robbery
robbing each quarter in a compound
o 1 count of robbery
o 1 criminal intent
robbing different owners but at the same time
o 1 criminal intent
who gets killed is immaterial (victim, bystander or

the co-accused himself)
he need not also be in the place of the robbery
homicide is committed by reason or occasion of
the robbery
robber cheat the other robber in their loot then
got killed
o robbery with homicide
storeowner suffered stroke then died
Criminal Law 2 95

note
case
robbery with physical injuries

if the motive is to kill and the taking is committed
thereafter
o homicide and theft (person is already
dead)
if the intent is to rob, then the victim is killed
before being rob
intent to rob must precede the taking of life
case
robbery with rape
note
note
the rape accompanies the robbery

only if rape is consummated
if not consummated
o 1 robbery and 1 attempted rape
even if the robber married the woman he raped,
or the woman pardoned the rapist
o still robbery with rape
o not considered a private crime, crime
against property (single indivisible offense)
in unconsummated rape, if the woman pardoned
the rape then criminal liability is extinguished
because attempted rape is a separate
the intention must to commit robbery
but if the intention is rape and snatch the jewel
o attempted rape and theft
no complex crime in 48, because rape is not a
means necessary to commit theft
note
note
physical injuries must always be serious

o less serious injuries is absorbed in robbery
o absorbed if it was inflicted in the course of
the execution of the robbery
if slight/less serious injuries is committed after the
robbery was consummated, separate charge
the owner chase the robbers and suffered less

serious physical injuries
o robbery and less serious physical injury
if the victim suffered death
if the victim suffered serious physical injury
o robbery with physical injuries
Art 299
it is only when the physical injuries resulted in the
deformity or incapacitated the offended party
from labor for more than 30days that the law
requires such physical injuries to have been
inflicted in the course of the execution of the
robbery, and only upon persons who are not
responsible in the commission of the robbery
but if the physical injuries inflicted are those 1&2

in 263, even inflicted upon one of the robbers
themselves/after consummation of robbery
o robbery with serious physical injury
case
case
case
case
after robbery and quarreled in dividing the loot,

shot one of the robbers causing impotent, blind
o robbery with serious physical injury
robbers quarreled of the loot, hack one robber
causing deformity in face
o robbery and serious physical injuries
because when it is a deformity that is caused, the
law require that the deformity must have been
inflicted upon one who is not a participant in the
robbery
o must have been inflicted in the course of
the execution of the robbery or while the
robbery was taking place.
if it was inflicted during dividing of the loot
o already not in the course of execution of
the robbery
o separate charges
during robbery there is killing, rape and physical
injuries
o one as violence or intimidation
rape and physical injuries are aggravating
robbery with homicide and robbery with force

upon things
o complex crime of robbery with homicide
and robbery with force upon things
robbery with violence and intimidation is separate
from robbery with force upon things
Criminal Law 2 96

robbery with arson
note
note
case
case

robbery with intentional mutilation
robbery with rape
o not qualified by band or uninhabited place
o qualifying robbery with physical injuries in
299 (2,3,4)
RA 7659
composite crime of robbery with arson if arson is

committed by reason of or on occasion of the
robbery
o if there is no homicide, rape, intentional
mutilation arson is aggravating
robbery precedes the arson

o band or uninhabited is generic
complex crime of robbery with serious physical

injuries and serious illegal detention
o detain the children in order to compel the
offended party to come out with the
money
but if the detention is because of the timely arrival
of the police, as hostage
o detention is absorbed in robbery
note
note
component in robbery with violence against or

intimidation of person in 294
not a component in robbery by the use of force
upon things in 299 and 302
2 distinct crimes
o robbery by use of force upon things
o arson
Criminal Law 2 97

295
Robbery with physical injuries,
committed in an uninhabited place
and by a band
uninhabited place
by a band
by attacking a moving train,
street car, motor vehicle, or
airship
by entering the passengers
compartment in a train, or in
any manner taking the
passengers thereof by
surprise in the respective
conveyances
on a street, road, highway or
alley, and the intimidation is
made with the use of
firearms, the offender shall
be punished by the
maximum periods of the
proper penalties prescribed
in art 294
296
Robbery by a by a band
(at least 4 armed malefactors
take part in the commission of
a robbery
Requisites for liability for the
acts if the other members if the
bad
he was a member of the
band
he was present at the
commission of a robbery
by that band
the other members of
the band committed an
assault
he did not attempt to
prevent the assault
298
Execution of deeds by means of
violence or intimidation
offender has intent to

defraud another
offender compels him to
sign, execute, or deliver
any public instrument or
document
the compulsion is by
means of violence or
intimidation
299
Robbery in an inhabited house or public building or edifice devoted to
worship
Subdivision A
offender entered an
inhabited house, public
building
the entrance was effected by
any of the following means
thru an opening not
intended for entrance
or egress
by breaking any wall,
roof or floor, or
breaking any door or
window
by using false keys,
picklocks or similar
tools
by using any fictitious
name or pretending he
exercise of public
authority
once inside the building,
offender took personal
another with intent to gain
Subdivision B
offender is inside a dwelling
house, public building, or
edifice devoted to religious
worship, regardless of the
circumstances under which
he entered it.
offender takes personal
another, with intent to
gain, under any of the
following:
by the breaking of
doors, wardrobes,
chests, or any other
kind of locked or
sealed furniture or
receptacle
by taking such
furniture or objects
away to be broken or
forced open outside
the place of the
robbery
Criminal Law 2 98

299
Robbery in an inhabited house or public building
or edifice devoted to worship
Force upon things
requires elements of trespass into the
establishment where the robbery was committed
offender must have entered the premises where
the robbery was committed
if no entry, even if there is force, the crime is only
theft
2 predicates that will give rise to robbery
1. by mere entering alone, a robbery will be
committed if any personal property is taken from
within
2. the entering will not give rise to robbery even if
something is taken inside. it is the breaking of the
receptacle, closet, cabinet where the personal
property is kept that will give rise to robbery, or
the taking of a sealed, locked receptacle to be
broken outside the premises.
note
if by mere entering, that would already qualify the

taking of any personal property inside as robbery,
it is immaterial whether the offender stays inside
the premises
the breaking of things inside the premises will only
be important to consider if the entering by itself
will not characterize the crime as robbery with
force upon things.
Modes of entering that would give rise to the crime of

robbery with force upon things if something is taken inside
the premises
entering into an opening not intended for
entrance or egress
case
case
the entry was made thru a fire escape

o not ROBBERY
if the entering were done thru the window, even if
the window was not broken
o taking of personal property inside as
robbery
sari-sari store, a vehicle bump the wall causing

small opening
man entered thru a wall
o robbery if he stakes property from within
because that is not an opening for that
purpose.
even if there is breaking of all, if the offender did
not enter not robbery with force upon things.
breaking of the door

even if only the lock is broken not door
the conduct inside would give rise to the robbery
breaking of sealed, locked or closed receptacles in
order to get the personal belonging where it is
kept.
case
case
in case where the interior doors are broken, the

taking from inside the room where the door leads
to will only give rise to theft
the breaking if doors refers to the main door of
the house and not the interior door.
but if it is the door of a cabinet that is broken and

the valuable inside the cabinet was taken
o robbery
the cabinet keeps the content thereof.
Use of picklocks or false keys

must be use in main door
if use in interior door or receptacle (not robbery
with force upon things)
only use to gain entrance
Robbery with force upon things
1. an inhabited place
2. public buildings
3. place devoted to religious worship
Note
robbery in inhabited place, public building or

religious place, the use of fictitious name or
authority to gain entrance is robbery with force
upon things.
Criminal Law 2 99

Cases
men pretending with authority entered a
warehouse
loaded some merchandise claiming it was
hoarding
o theft
o not an inhabited house, public building or
religion
means must be employed in entering
o means of entrance
o means of taking the personal property
if the offender had already entered when these
means were employed, anything taken inside, w/o
breaking of any sealed or closed receptacle, is
theft
Case
A found B inside As house

B claimed he is an inspector
anything he took inside w/o breaking of any sealed
or closed receptacle is theft
o simulation of public authority was made
not in order to enter but when he has
already entered
Criminal Law 2 100

301
Inhabited house
any shelter, ship, or vessel
constituting the dwelling of
one or more persons, even
though the inhabitants
thereof shall temporarily be
absent therefrom when the
robbery is committed
public building
includes every building
owned by the govt or
belonging to a private
person but used or rented
by the govt, although
temporarily unoccupied by
the same
Dependence of an inhabited
house, public building or
building dedicated to religious
worship
all interior courts,
corrals, warehouse,
granariers, barns, or
enclosed interior
entrance connected
therewith and which
form art of the whole.
orchards and other
lands used for
cultivation or
production are not
included, even if closed,
contiguous to the
building, and having
direct connection
therwith
302
Robbery in an uninhabited place or in a private
building
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
any of the following circumstances was
present
the entrance was effected thru an
opening not intended for entrance
or egress
a wall, roof, floor, or outside door
or window was broken
the entrance was effected thru the
use of false keys, picklocks or
other similar tools
a door, wardrobe, chest, or any
sealed or closed furniture or
receptacle was broken
a closed or sealed receptacle was
removed, even if the same be
broken open elsewhere.
offender took therefrom personal
property belonging to another with intent
to gain
303
if robbery under 299 and

302 consist in the taking
of cereals, fruits, or
firewood, the penalty
imposable is lower
304
Possession of picklock or
similar tools
offender has in his
possession picklocks or
similar tools
such picklock or similar
tools are especially
adopted to the
commission of robbery
offender does not have
lawful cause for such
possession
Criminal Law 2 101

305
False keys
tools mentioned in 304

genuine keys stolen from
the owner
any key other than those
intended by the owner for
use in the lock forcibly
opened by the offender
306
Brigands
Brigandage
crime committed by more
than 3 armed persons who
form a band of robbers for
the purpose of committing
robbery in the highway or
kidnapping persons for the
purpose of extortion or to
obtain ransom, or for any
other purpose to be
attained by means of force
and violence
at least 4 armed persons

they formed a band of
robbers
the purpose is any of the
following
to commit robbery in
the hiway
to kidnap persons for
extortion or ransom
to attain by means of
force and violence any
other purpose
307
Aiding or abetting a band of
brigands
there is a band of brigands
offender knows the band to
be of brigands
offender does any of the
following acts
he in any manner aids,
abets or protects such
band of brigands
he gives them info of the
movements of the police
or other peace officers of
the govt
he acquires or receives
the property taken by
such brigands.
Criminal Law 2 102

306
Brigandage
RPC from PD 532
RPC
refers to the formation of a band of robbers by

more than 3 armed persons for the purpose of
committing robbery in the highway, kidnapping for
purposes of extortion or ransom, or for any other
purpose to be attained by force and violence
the mere forming of band, which requires at least
four armed persons, if for any of the criminal
purposes stated in 306, gives rise to brigandage
PD 532
the seizure of any person for ransom, extortion or
for any other lawful purposes, or the taking away
of the property of another by means of violence
against or intimidation of persons or force upon
things or other unlawful means committed by any
person on any Phil highway
refers to the actual commission of the robbery on
the highway and can be committed by one person
alone
note
case
case
not any robbery in a highway is brigandage or

highway robbery
Brigandage in RPC
a single act of robbery against a particular person
chosen by the offender as his specific victim, even
if committed on a highway
PD 532 (highway robbery)

ordinary robbery committed on a highway
purpose is indiscriminate robbery in highways
o if the purpose is only a particular robbery,
the crime is only robbery or robbery in
band, if there are at least four armed men.
does not require 4 armed persons forming a band
or robbers
Criminal Law 2 103

308
Theft
any person who, with intent
to gain but w/o violence
against or intimidation of
persons nor force upon
thing, shall take personal
property of another w/o the
latters consent
1.
2.
3.
4.
Liable
those who, with intent to
gain, but without violence
persons nor force upon
things, take personal
property of another w/o the
latters consent
those who having found lost
property, fail to deliver the
same to the local authorities
or to its owner
those who after having
maliciously damaged the
property of another, remove
or make use of the fruits or
object of the damage
caused by them
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 or
farm products
elements
there is taking of personal
property
property taken belongs to
another
taking was done with
intent to gain
taking was done without
the consent of the owner
taking is accomplished
without use of violence
persons of force upon
things
1.
2.
3.
4.
5.
6.
310
Qualified theft
if theft is committed by a
domestic servant
committed with grave abuse
of confidence
if the property stolen us a
motor vehicle, mail matter or
large cattle (SPECIAL LAW)
if the property stolen consist
of coconuts taken from the
premises of a plantation
if the property stolen is fish
taken from a fishpond or
fishery
if property is taken on the
occasion of fire, earthquake,
or any other calamity,
accidents or civil disturbance
Criminal Law 2 104

311
Theft of the property of the
national library and national
museum
312
Occupation or real property or
usurpation or real rights in property
taking possession of any real

another
usurping any real rights in
another
313
Altering boundaries and
landmarks
314
Culpable insolvency
Fraudulent insolvency
offender is a debtor, that is,

he has obligations due and
payable
he absconds with his
property
there is prejudice to his
creditors
elements
offender takes possession of
any real property or usurps
any real right in property
real property or real rights
belong to another
violence against or
intimidation of persons is
used by the offender in
occupying real property or
usurping real rights in
property
there is intent to gain
Criminal Law 2 105

315
Swindling or estafa
Any person who shall defraud another by any means mentioned hereinbelow shall be punishable by
FIRST. the penalty of prision correccional in its maximum period to prision mayor in its
SECOND. The penalty of
THIRD. the penalty of arresto
minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000
prision correccional in its
mayor in its maximum period to
pesos: and if such amount exceeds the latter sum, the penalty provided in this paragraph shall
minimum and medium
prision correccional in its
be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the
periods, if the amount of the minimum period, if such amount
total penalty which may be imposed shall not exceed twenty years. In such case, and in
fraud is over 6,000 pesos
is over 200 pesos but does not
connection with the accessory penalties which may be imposed and for the purpose of the
but does not exceed 12,000 exceed 6,000 pesos; and
other provisions of this code, the penalty shall be termed prision mayor or reclusion temporal,
pesos;
as the case may be
(1) with unfaithfulness or abuse of confidence,
namely:
(a) by altering the substance, quantity, or quality of
anything of value which the offender shall deliver by
virtue of an obligation to do so, even though such
obligation be based on an immoral or illegal
consideration
(b)by misappropriating or converting, to the prejudice
of another, money, goods or any other personal
property received by the offender in trust, or on
commission, or for administration, or under any other
obligation involving the duty to make obligation be
totally or partially guaranteed by a bond; or by denying
having received such money, goods, or other property;
(c) by taking undue advantage of the signature of the
offended party in blank, and by writing any document
above such signature in blank, to the prejudice of the
offended party or any third person.
(2) By means of any of the following false pretenses or fraudulent acts executed prior to or simultaneously with the
commission of the fraud:
(a) by using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency,
business or imaginary transactions; or by means of other similar deceits.
(b) by altering the quality, fineness, or weight of anything pertaining to his art or business
FOURTH. by arresto mayor

in its medium and maximum
periods, if such amount does
not exceed 200 pesos,
provided that in the four
cases mentioned, the fraud
be committed by any of the
following:
(3) through any of the
following fraudulent means:
(a) by inducing another, by
means of deceit, to sign any
document
(c) by 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. In this case, the offender shall be punished by the
maximum period of the penalty
(b) by resorting to some

fraudulent practice to insure
success in a gambling game
(d) by postdating check, or issuing a check in payment of an obligation when the offender had no funds in the bank, or
his funds deposited therein were not sufficient to cover the amount of the check. The failure of the drawer of the
check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank
and/or the payee or holder that said check has been dishonored for lack or insufficient of funds shall be prima facie
evidence of deceit constituting false pretense or fraudulent act
(c) by removing, concealing,

or destroying, in whole or in
part, any court record, office
files, document, r any other
papers.
(e) by obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house,
or apartment house and the like without paying therefore, with intent to defraud the proprietor or manager thereof,
or by obtaining credit at a hotel, inn, restaurant, boarding house, lodging house, or apartment house by the use of any
false pretense, or by abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant,
boarding house, lodging house, or apartment house after obtaining credit, food, refreshment, or accommodation
therein without paying for his food, refreshment, or accommodation.
Criminal Law 2 106

Art 315
Estafa
Elements of estafa
1. that the accused defrauded another
a. by abuse of confidence
b. by means of deceit
2. that damage or prejudice capable of pecuniary
estimation is caused to the offended party or third
person
a. because the amount of the damage or
prejudice is the basis of the penalty for
estafa
Estafa can be committed in 3 ways
1. with unfaithfulness or abuse of confidence
2. by means of false pretenses or fraudulent acts
3. through fraudulent means
Summary only 2 ways
1. estafa with abuse of confidence
2. estafa by means of deceit
Note
deceit is not essential requisite of estafa with

abuse of confidence
with unfaithfulness or abuse of confidence
by altering the substance, quantity, or quality of

anything of value which the offender shall deliver by
virtue of an obligation to do so, even though such
obligation be based on an immoral or illegal
consideration
a. not necessary when there is evidence of

misappropriation of the goods by the
defendant
Element of estafa with Unfaithfulness, par.a

a) that the offender has an onerous obligation to
deliver something of value
b) that he alters its substance, quantity, or quality
c) that damage or prejudice is caused to another
by virtue of an onerous obligation
if partial payment, there is no estafa even if there
is alteration of the substance (no damage caused)
note
when there is no agreement as to the quality of

the thing to be delivered, the delivery of the thing
not acceptable to the complainant is not estafa.
even though such obligation be based on an
immoral or illegal consideration
Element of Estafa with Abuse of confidence

under No1,par.b
a) that money, goods, or other personal property be
received by the offender in trust, or in
commission, or for administration, or under any
other obligation involving the duty to make
delivery of, or to return, the same
b) that there be misappropriation or conversion of
such money or property by the offender, or denial
on his part of such receipt
c) that such misappropriation or conversion or denial
is to the prejudice of another; and
d) that there is demand made by the offended party
to the offender
e) note there is demand made by the offended party
to the offender
Note
note
money, goods or other personal property must be

received by the offender under certain kinds of
transaction transferring judicial possession to him
juridical possession
o possession which gives the transferee a
right over the thing which the transferee
may set up even against the owner.
failure to turn over to the bank the proceeds of
the sale of goods (or the said goods if not sold)
covered by trust receipts is estafa
Element of Estafa with Abuse of confidence

under No1,par.c
a) the paper with the signature of the offended
party is in blank
b) offended party delivered it to the offender
c) above the signature of the offended party, a
document is written by the offender w/o
authority to do so
d) the document so written creates a liability of,
or causes damage to, the offended party or
any third person
Criminal Law 2 107

Estafa by means of false pretense/fraudulent

acts
1. Paragraph A
a. using fictitious name
b. falsely pretending to possess power,
influence, qualification, agency or business
c. by means of other similar deceits
2. paragraph B
a. altering the quality, fineness, or weight of
anything pertaining to his art or business
3. paragraph C
a. pretending to have bribed any govt
employee, w/o prejudice to the action for
calumny which the offended party may
deem proper to bring against the offender
4. paragraph D
a. offended postdated a check, or issued a
check in payment of an obligation
b. such postdating or issuing a check was
done when the offender had no funds in
the bank, or his funds, deposited therein
were not sufficient to cover the amount of
the check
Estafa through Fraudulent Means

1. paragraph A
a. offender induced the offended party to
sign a document
b. deceit was employed to make him sign the
document
c. offended party personally signed the
document
d. prejudice was caused
2. paragraph B
a. resorting to some fraudulent practice to
insure success in a gambling game
3. paragraph C
a. offender removed, concealed or destroyed
b. any court record, office files, documents
or any other papers
c. with intent to defraud another
Robbery
Personal property
Force upon things
or violence
Penalty not depend
in amount
Takes w/o the
consent by threats
or violence
Theft
Estafa
Personal property
Not
May be real prop

Not
Penalty depend in
amount
Takes w/o consent
and w/o threats or
violence
Penalty depend in
amount
Offender receives
the property
Estafa with abuse of

confidence
Malversation
Private property or funds

Private offender or pubic
officer not accountable for
public funds
Misappropriating, denying or
having receive goods
Public funds or property

Public officer accountable for
public funds
Misappropriating,
abandonment of public
funds/property
Offenders are entrusted with funds or property
Continuing offenses
Criminal Law 2 108

316
Other forms of swindling
1. conveying, selling,
encumbering, or mortgaging
any real property,
pretending to be the owner
of the same
2. disposing real property
knowing it to be
encumbered even if the
encumbrance be not
recorded
3. wrongful taking of personal
property from its lawful
possessor to the prejudice of
the latter or a third person
4. executing any fictitious
contract to the prejudice of
another
5. accepting any compensation
given to him under the
belief it was in payment of
services or labor when he
did not actually perform
such services or labor.
Selling or mortgaging or in
any manner encumbering
real property while being a
surety in bond w/o express
authority from the court or
before being relieved from
the obligation
317
Swindling a minor
offender takes advantage of

the inexperience or
emotions or feelings of a
minor
he induces such minor to
assume an obligation, or to
give release, or to execute a
transfer of any property
right
consideration is some loan
of money, credit or other
personal property
transaction is to the
detriment of such minor
318
Other deceits
defrauding or damaging
another by any other
deceit not mentioned in
the preceding articles
interpreting dreams,
making forecasts, telling
fortunes, or taking
advantage of the credulity
of the public in any other
similar manner, for profit
or gain
319
Removal, sale or pledge or
mortgaged property
1. 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, w/o the written consent
of the mortgagee or his
executors, administrators or
assigns
2. selling or pledging personal
property already pledge, or any
part thereof, under the terms of
the chattel mortgage law, w/o
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
Criminal Law 2 109

320
Arson
Kinds of arson
1. simple Arson
2. Destructive arson
3. other cases of arson
simple arson
less significant social,
economic, political and
national security
destructive arson
burning of buildings and
edifices
Destructive Arson (320)

Any person who shall burn
one or more buildings
consequent to one single act
of burning, or as a result of
simultaneous burnings, or
committed on several or
different occasions
any building of public or
private owners devoted to
the public use whether the
building is actually inhabited
or not
any train, ship, airship,
devoted for transportation
or conveyance, or for public
use, entertainment
any building, factory,
warehouse installation and
any appurtenances thereto,
which are devoted to the
service of public utilities
any building the burning of
which is for the purpose of
concealing or destroying
evidence of another
violation of law, or for
purpose of concealing
bankruptcy or defrauding
creditors or to collect from
insurance
2 or more persons or by a group

of persons, regardless of whether
their purpose is merely to burn or
destroy the building or the burning
merely constitutes an overt act in
the commission of another
violation of law.
Any person who shall burn

any arsenal, shipyard,
storehouse or military
powder or fireworks
factory, ordinance,
storehouse, archives or
general museum of the
govt
in an inhabited place, any
storehouse or factory of
inflammable or explosive
materials.
Other kinds of arson

The property burned is any of the
following
a. any building used as offices
of the govt or its agencies
b. any inhabited house or
dwelling
c. any industrial establishment,
shipyard, oil well or mine
shaft, platform or tunnel
d. any plantation, farm, pasture,
land, crop/grain field, forest
e. any rice mill and other mill
f. any railway or bus station,
warehouse
Special aggravating circumstances

1. with intent to gain
2. for the benefit of another
3. offender is motivated by
spite or hatred towards the
owner or occupant
4. by a syndicate (3 or more
persons)
Criminal Law 2 110

327
Malicious Mischief
is the willful damaging of
anthers property by any act
not constituting arson or
crimes of destruction due to
hate, revenge or mere
pleasure of destroying
Offender deliberately
caused damage to the
property of another
such act does not constitute
arson or other crimes
involving destruction
act of damaging anothers
property be committed
merely for the sake of
damaging it
328
Qualified malicious Mischief
1. causing damage to obstruct
the performance of public
functions
2. using any poisonous or
corrosive substance
3. spreading any infections
among cattle
4. causing damage to the
property of the National
Museum/Library, or
Criminal Law 2 111

EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY
332
Persons exempt from criminal
liability
Theft
swindling
malicious mischief
spouses, ascendants and
descendants, or relatives by
affinity in the same line
the widowed spouse with
respect to the property
which belonged to the
deceased spouse before the
same passed into the
possession of another
brothers and sisters and inlaws (brothers and sisters) if
living together
includes stepfather, adopted
children, natural children,
concubine, and paramour,
common-law spouses
Anti-fencing law
a crime of robbery or theft

has been committed
accused who is not a
principal or accomplice in
the crime, buys, receives,
conceals any item, which
has been derived from the
proceeds of the crime of
robbery or theft
the accused knows or
should have known that said
article derived from the
proceeds of the crime of
robbery or theft
there is, on the part of the
accused, intent to gain for
himself or for another
Estafa should not be complexed with

any other crime in order for
exemption to operate
Bouncing check law
any person who makes or

draws and issues any check
to apply on account or for
value, knowing at the time
of issue that he does not
have sufficient funds in or
credit with the drawee
bank for the payment
having insufficient funds in
or credit with the drawee
bank when he makes or
draws and issues a check,
shall fall to keep sufficient
funds or to maintain a
credit to cover the full
amount of the check if
presented within 90days
from the date, for which
reason it is dishonored by
the drawee bank.
Anti-carnapping
the taking, with intent to

gain, of a motor vehicle
belonging to another without
the latters consent, or by
means of violence against or
intimidation of person, or by
using force upon things.
Criminal Law 2 112

CRIMES AGAINST CHASTITY
333
Adultery
woman is married
she has sexual intercourse
with a man not her husband
as regards the man with
whom she has sexual
intercourse, he must know
her to be married.
334
Cuncubinage
keeping a mistress in the
conjugal dwelling
having sexual intercourse,
under scandalous
circumstances, with a
woman who is not his wife
cohabitating with her in any
other place
Acts of Lasciviousness
336
339 with consent
offender commits any act
offender commits acts of
of lasciviousness or
lasciviousness or lewdness
lewdness
acts are committed upon a
act of lasciviousness is
woman who is virgin or single
committed against a
or widow of good reputation,
person of either sex
under 18y/o but over 12, or a
sister or descendant
it is done under any of the
regardless of her reputation
following
or age
by using force or
intimidation
offender accomplishes the
when the offended party
acts by abuse of authority,
is deprived of reason or
confidence, relationship or
otherwise unconscious
deceit
by means of fraudulent
male cannot be the offended

machination or grave
party
abuse of authority
when the offended party
is under 12 years of age or

is demented
Offended party may be

man or woman
Criminal Law 2 113

337
Qualified seduction
Seduction of a virgin over 12 years
and under 18 years of age by certain
persons, such as, a person in
authority, priest, teacher
a.
b.
c.
d.
offended party is a virgin which is

presumed if she is unmarried and
of good reputation
she is over 12 and under 18
offender has sexual intercourse
with her
there is abuse of authority,
confidence or relationship on the
part of the offender
Seduction of a sister by her brother,

or descendant by her ascendant,
regardless of her age or reputation
338
Simple Seduction
offender party is over 12
and under 18
she must be of good
reputation, single or widow
offender has sexual
intercourse with her
it is committed by means of
deceit
SEDUCTION
enticing a woman to
unlawful sexual ntercourse
by promise of marriage or
other means of persuasion
without use of force
340
Corruption of Minors
any person who shall
promote or facilitate the
prostitution or corruption of
persons under age to satisfy
the lust of another
mere proposal consummates the
offense
341
White Slave trade
engaging in the business of
prostitution
profiting by prostitution
enlisting the service of
woman for the purpose of
prostitution
Criminal Law 2 114

Abduction
the taking away of a woman
from her house or the place
where she may be for the
purpose of carrying her to
another place with intent to
marry or to corrupt her
342
Forcible Abduction
person abducted is any
woman, regardless of her
age, civil status, or
reputation
abduction is against her will
abduction is with lewd
design
Note
343
Consented abduction
offended party must be a
virgin
12-18 years old
taking away of the offended
party must be with her
consent, after solicitation or
cajolery
taking away of the offended
party must be with lewd
design
if the offended party is under

12years of age, crime is forcible
abduction, even if the girl agrees to
the elopement
Criminal Law 2 115

347
Simulation of birth and
abandonment of legitimate child
Simulation of birth
when the woman pretends to be

pregnant, and on the day of the
supposed delivery, takes the child
or another as her own
the child is baptized or

registered in the registry of
birth as the offenders
the child loses it status and
acquires a new one
the offenders spouse was
the cause the loss of any
trace as to the childs true
filiation
348
Usurpation of civil status
when a person represents

himself to be another and
assumes the filiation or the
parental or conjugal rights of
such another person
Abandoning of legitimate child

the child must be legitimate
the offender conceals or
abandons such child
the offender has the intent
to cause the child to lose its
civil status
CRIMES AGAINST CIVIL STATUS

349
Illegal Marriages
Note
offender has been legally

married
marriage has not been
legally dissolved or, in case
his or her spouse is absent,
the absent spouse could not
yet be presumed dead
according to NCC
he contracts a second or
subsequent marriage
second or subsequent
marriage has all the
essential requisites for
validity
350
Marriage contracted against
provisions of law
offender contracted
marriage
he knew at the time that the
reqt of the law were not
complied with
marriage was in disregard of

a legal impediment
351
Premature Marriages
1. widow who married within
301 days from the date of
the death of her husband, or
before having delivered if
she is pregnant at the time
of his death
2. woman whose marriage
having been annulled or
dissolved, married before
her delivery or before the
expiration of the period of
301 days after the date of
the legal separation
validity of second marriage is a

prejudicial question to liability
for bigamy.
Criminal Law 2 116

352
Performance of illegal marriage
Ceremony
punishes priest or ministers
of any religious
denomination or sect, or
civil authorities who shall
perform or authorize any
illegal marriage ceremony
check 177
Criminal Law 2 117

CRIMES AGAINST HONOR

353
Libel
A public and malicious imputation of
a crime, or of a vice or defect, real or
imaginary, or any act, omission,
condition, status, or circumstances
tending to cause the dishonor,
discredit, or contempt of a natural
or juridical person, or to blacken the
memory of one who is dead
is a defamation committed
by means of writing,
printing, phonograph, and
others
Who are liable

any person who shall
publish, exhibit or cause the
publication or exhibition of
any defamation in writing or
by similar means
the author or editor of a
book or pamphlet, or the
editor or business manager
of a daily newspaper,
magazine or serial
publication, for defamation
contained therein to the
same extent as if he were
the author thereof.
Elements
there must be an imputation
of a crime, or of a vice or
defect, real or imaginary, or
any act, omission, condition,
status or circumstances
imputation must be made
publicly
it must be malicious
it must be directed at a
natural or juridical person,
or one who is dead
it must tend to cause the
dishonor, discredit or
contempt of the person
defamed.
356
Blackmail
threatening another to
publish libel concerning him,
or his parents, spouse, child,
or other members of his
family
offering to prevent the
publication of such libel for
compensation, or money
consideration
Criminal Law 2 118

358
Slander (oral defamation)
359
Slander by deed
crime against honor which is
committed by performing any act
which casts dishonor, discredit, or
contempt upon another person
Slander
Oral defamation
Malicious imputation of any
act, omission, condition or
circumstance against a
person, done orally in
public, lending to cause
dishonor, discredit,
contempt and
embarrassment or ridicule
to the latter
A crime against honor
offender performs any act

not included in any other
crime against honor
such act is performed in the
presence of other person
such act cast dishonor,
discredit or contempt upon
the offended party
263
Incriminating innocent person
offender performs an act
by such act he directly
incriminate or imputes to an
innocent person the
commission of a crime
such act does not constitute
perjury
364
Intriguing against honor
any person who shall make
any intrigue which has for its
principal purpose to blemish
the honor or reputation of
another person
limited to planting evidence and

the like, which tend directly to
cause false prosecution
Criminal conversation
Used in making a polite
reference to sexual
intercourse as in certain
crimes, like rape, seduction,
and adultery
Has no definite concept
Incriminating an innocent
Committed by performing
an act by which the
offender directly
incriminates or imputes to
an innocent person the
commission of a crime
Limited to the act of
planting evidence
Perjury by false accus

The gravamen of the
offense is the imputation
itself, falsely made, before
an officer
Incriminatory machination
Act that directly impute an
innocent person
Defamation
Offender avails himself of
written/spoken words in
besmirching the victims
Giving of false statement

under oath/false affidavit
Intriguing against honor

The source of the
defamatory utterance is
unknown and the offender
simply repeats or passes
the same, w/o subscribing
to the truth thereof
reputation
Slander
Offender made the
utterance, where the
source of the defamatory
nature of the utterance is
known, and offender makes
a republication thereof,
even though he repeats the
libelous statement as
coming from another, as
long as the source is
identified.
Criminal Law 2 119

CRIMINAL NEGLIGENCE
365
Criminal negligence and imprudence
1. committing thru reckless imprudence any
act which, had it been intentional, would
constitute a grave or less grave felony or
light felony
2. committing thru simple imprudence or
negligence an act which would otherwise
constitute a grave or less serious felony
3. causing damage to the property of
another thru reckless imprudence or
simple imprudence or negligence
4. causing thru simple imprudence or
negligence some wrong which, if done
maliciously, would have constituted a
light felony
Reckless imprudence
1. offender does or fail to do an act
2. the doing of or the failure to do
that act is voluntary
3. it be without malice
4. material damage results
5. there is an inexcusable lack of
precaution on the part of the
person performing or failing to
perform such act taken into
consideration:
employment or occupation
degree of intelligence
physical condition
other circumstances regarding persons,
time and place
Negligence
Deficiency of perception
Failure in advertence
Avoided by paying proper
attention and using the
diligence in foreseeing them
Simple imprudence
1. there is lack of
precaution on the part
of the offender
2. damage impending to
be caused is not
immediate nor the
danger clearly
manifested
Doctrine of last clear chance

the contributory negligence of
the party injured will not defeat
the action if it be shown that the
accised might, by the exercise of
reasonable care and prudence,
have avoided the consequences
of the negligence of the injured
party
Emergency rule
an automobile driver who, by the
negligence of another and not by
his own negligence, is suddenly
placed in an emergency and
compelled to act instantly to
avoid a collision or injury is not
guilty of negligence if he makes
such a choice which a person of
ordinary prudence placed in such
position might make even though
he did not make the wisest
choice.
imprudence
Deficiency of action
Failure in precaution
Taking necessary
precaution once foreseen
Criminal Law 2 120

Crime 2 Table

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Daniel Kien T. Gaudiel, Jr.

ART. 4. CRIMINAL LIABILITY.

Art. 48. Penalty for complex crimes.

Unauthorized Reproduction will be directly confiscated by the FSL

Article 49. Penalty to be imposed upon the principals when

Daniel Kien T. Gaudiel, Jr., DVM

Crimes against National Security

Unauthorized Reproduction will be directly confiscated by the FSL

1. Filipino or resident agent, by

there is war w/c

Daniel Kien T. Gaudiel, Jr., DVM

a breach of allegiance to a government,

giving information or commandeering foodstuff

Adherence to the enemy

the sale of alum crystals and water pipes to the

adherence be proved by:

Way of proving treason

mere acceptance of public office and discharge of

aid and comfort

Unauthorized Reproduction will be directly confiscated by the FSL

A testified that he saw X going to the house of C in

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1 witness said he heard a gun report, and saw a

suspended allegiance a defense in treason?

commandeering of woman to satisfy the lust of

Spy and informer of the enemy is treason

Circumstances inherent in the crime of treason

when common crimes (murder robbery, arson) are

treason is a continuing offense

Unauthorized Reproduction will be directly confiscated by the FSL

Violation by a subject of his

Requires a state of war

Conflict is merely internal

Daniel Kien T. Gaudiel, Jr., DVM

The crime of treason is already consummated the

Unauthorized Reproduction will be directly confiscated by the FSL

Daniel Kien T. Gaudiel, Jr., DVM

an exception to the rule that mere silence does

X, Filipino, has knowledge of treason committed

Shall be punished as an accessory to the crime of treason

is the offense of gathering, transmitting, or losing

First Mode, is it necessary that offender succeeds in

Acts of espionage punished under CA 616

when the crime of treason is already committed

Unauthorized Reproduction will be directly confiscated by the FSL

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committed only in times of war and neutrality of

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Daniel Kien T. Gaudiel, Jr., DVM

war w/c Phil is involved

war w/c phil is involved

Unauthorized Reproduction will be directly confiscated by the FSL

seizure of the vessel

Daniel Kien T. Gaudiel, Jr., DVM

who are liable

correspondence to hostile country

X, with intent to aid the enemy, gave the latter

which court has jurisdiction over piracy committed in the

Unauthorized Reproduction will be directly confiscated by the FSL

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Robbery of the high seas

Intent to gain is an element

Intent to gain is immaterial