UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

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UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

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UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

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UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

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 TABLE OF CONTENTS
CRIMINAL LAW 1
Fundamental Principles ......... 1
DEFINITION OF CRIMINAL LAW ........................... 1
MALA IN SE AND MALA PROHIBITA ................................ 1
CRIMINAL LAW V. CRIMINAL PROCEDURE ....................... 2
STATE AUTHORITY TO PUNISH CRIME ............................ 2
SOURCES OF CRIMINAL LAW ........................................ 2
RELATION OF RPC TO SPECIAL LAWS: SUPPLETORY
APPLICATION OF RPC ................................................. 2
CONSTRUCTION OF PENAL LAWS .................................. 2
SCOPE OF APPLICATION AND CHARACTERISTICS
OF PHILIPPINE CRIMINAL LAW ........................... 3
GENERALITY ............................................................ 3
TERRITORIALITY ....................................................... 4
PROSPECTIVITY ........................................................ 7
LEGALITY ................................................................ 7
CONSTITUTIONAL LIMITATIONS ON THE POWER
OF CONGRESS TO ENACT PENAL LAWS .............. 7
EQUAL PROTECTION .................................................. 7
DUE PROCESS .......................................................... 7
NON-IMPOSITION OF CRUEL AND UNUSUAL PUNISHMENT
OR EXCESSIVE FINES .................................................. 7
BILL OF ATTAINDER ................................................... 8
EX POST FACTO LAW .................................................. 8
OTHER CONSTITUTIONAL LIMITATIONS .......................... 8
BASIC MAXIMS IN CRIMINAL LAW ................................. 8
Felonies .................................. 9
DIFFERENTIATING FELONIES, OFFENSE,
MISDEMEANOR AND CRIME ............................... 9
FELONIES: HOW COMMITTED ............................. 9
CLASSIFICATION OF FELONIES ........................... 9
INTENTIONAL FELONY V. CULPABLE FELONY ................... 9
ELEMENTS OF CRIMINAL LIABILITY ................... 11
DOLO .................................................................. 11
REQUISITES ............................................................ 11
LIABILITY EVEN IN THE ABSENCE OF CRIMINAL INTENT ..... 12
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CATEGORIES OF CRIMINAL INTENT (GENERAL VS. SPECIFIC
INTENT) ................................................................. 12
DISTINCTION BETWEEN INTENT, DISCERNMENT AND MOTIVE
............................................................................ 12
WHEN MOTIVE BECOMES MATERIAL IN DETERMINING
CRIMINAL LIABILITY ................................................. 12
WRONGFUL ACT DIFFERENT FROM THAT INTENDED ........ 13
PROXIMATE CAUSE V. IMMEDIATE CAUSE V. REMOTE CAUSE
............................................................................ 14
OMISSION ............................................................ 15
PUNISHABLE OMISSIONS IN THE RPC ............................ 15
REQUISITES............................................................. 15
CULPA ................................................................. 15
REQUISITES............................................................. 15
DOCTRINES CONCERNING CULPABLE CRIMES ................. 17
IMPOSSIBLE CRIME ............................................ 17
PURPOSE OF PUNISHING IMPOSSIBLE CRIMES ................ 17
REQUISITES ............................................................ 17
MODIFIED CONCEPT OF IMPOSSIBLE CRIME ................... 18
STAGES OF EXECUTION ...................................... 18
CLASSIFICATION UNDER ART. 6 .................................. 18
TABLE: DEVELOPMENT OF A CRIME .............................. 18
DEVELOPMENT OF A CRIME ............................... 19
INTERNAL ACTS ...................................................... 19
EXTERNAL ACTS ...................................................... 19
ATTEMPTED STAGE .................................................. 19
FRUSTRATED STAGE ................................................ 20
CRIMES WHICH DO NOT ADMIT OF FRUSTRATED STAGE .... 21
CONSUMMATED STAGE ............................................ 22
CONSPIRACY AND PROPOSAL .......................... 22
CONSPIRACY .......................................................... 22
CONSPIRACY AS A FELONY, DISTINGUISHED FROM
CONSPIRACY AS A MANNER OF INCURRING CRIMINAL
LIABILITY .............................................................. 23
PROPOSAL TO COMMIT A FELONY ............................... 23
DOCTRINE OF IMPLIED CONSPIRACY ............................ 24
TABLE: TWO CONCEPTS OF CONSPIRACY ...................... 25
MULTIPLE OFFENDERS (DIFFERENCES, RULES,
EFFECTS) ........................................................... 26
RECIDIVISM ........................................................... 26
HABITUALITY (REITERACION) .................................... 27
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QUASI-RECIDIVISM .................................................. 27
HABITUAL DELINQUENCY .......................................... 27
CONTINUING CRIMES ........................................ 28
COMPLEX CRIMES AND SPECIAL COMPLEX
CRIMES .............................................................. 29
COMPLEX CRIMES ............................................. 30
TWO KINDS OF COMPLEX CRIMES ............................... 30
SPECIAL COMPLEX/COMPOSITE CRIMES .......... 31
Circumstances Affecting
Criminal Liability .................. 32
JUSTIFYING CIRCUMSTANCES .......................... 32
JUSTIFYING VS. EXEMPTING CIRCUMSTANCE ................. 38
ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT
OF 2004 (RA 9262) ............................................... 39
EXEMPTING CIRCUMSTANCES .......................... 39
JUVENILE JUSTICE AND WELFARE ACT OF 2006 (R.A.
9344); ALSO REFER TO CHILD AND YOUTH WELFARE CODE
(P.D. 603, AS AMENDED) ........................................ 40
MITIGATING CIRCUMSTANCES ......................... 43
ORDINARY VS PRIVILEGED MITIGATING CIRCUMSTANCE .. 44
INCOMPLETE JUSTIFYING CIRCUMSTANCES .................. 44
INCOMPLETE EXEMPTING CIRCUMSTANCES .................. 45
PASSION/OBFUSCATION V. IRRESISTIBLE FORCE ........... 48
PASSION/OBFUSCATION V. PROVOCATION ................... 49
VOLUNTARY SURRENDER ......................................... 49
PERSON IN AUTHORITY AND HIS AGENT ....................... 50
PLEA OF GUILT ....................................................... 50
PLEA TO A LESSER OFFENSE ...................................... 50
AGGRAVATING CIRCUMSTANCES ...................... 51
GENERIC ............................................................ 53
FRAUD ................................................................ 61
CRAFT ................................................................. 61
DISGUISE ............................................................ 61
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QUALIFYING ...................................................... 66
DECREE CODIFYING THE LAWS ON ILLEGAL/ UNLAWFUL
POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR
DISPOSITION, OF FIREARMS, AMMUNITION OR EXPLOSIVES
(P.D. 1866, AS AMENDED BY R.A. NO. 8294) AS AN
AGGRAVATING CIRCUMSTANCE ................................. 66
THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
(R.A. NO. 9165) ..................................................... 67
ALTERNATIVE CIRCUMSTANCES ...................... 70
ABSOLUTORY CAUSES ....................................... 71
EXTENUATING CIRCUMSTANCES .................................73
Persons Criminally
Liable/Degree of Participation
................................................ 73
PRINCIPAL ..........................................................73
COLLECTIVE CRIMINAL RESPONSIBILITY ....................... 76
INDIVIDUAL CRIMINAL RESPONSIBILITY ....................... 76
ACCOMPLICE ..................................................... 76
ACCESSORY .........................................................77
DECREE PENALIZING OBSTRUCTION OF
APPREHENSION AND PROSECUTION OF
CRIMINAL OFFENDERS (P.D. 1829) ................... 79
PUNISHABLE ACTS .................................................. 79
COMPARE WITH ART. 20, RPC (ACCESSORIES EXEMPT FROM
CRIMINAL LIABILITY) ............................................... 80
Penalties .............................. 80
GENERAL PRINCIPLES ...................................... 80
ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN
THE PHILIPPINES (R.A. NO. 9346) .............................. 81
PURPOSES .......................................................... 81
CLASSIFICATIONS .............................................. 81
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MAJOR CLASSIFICATION ............................................ 81
OTHER CLASSIFICATIONS OF PENALTIES ...................... 82
DURATION AND EFFECT .................................... 82
PENALTIES WHICH MAY BE IMPOSED ........................... 84
PENALTIES COMMON TO ALL THREE TYPES ................... 86
ACCESSORY PENALTIES ............................................ 88
APPLICATION ..................................................... 91
RULES ON THE COMPUTATION
OF PENALTIES ................................................... 92
EFFECTS OF MITIGATING AND AGGRAVATING
CIRCUMSTANCES .................................................... 95
INDETERMINATE SENTENCE LAW
(RA 4103, AS AMENDED) ....................................... 100
THREE-FOLD RULE ................................................. 103
SUBSIDIARY IMPRISONMENT ....................................104
EXECUTION AND SERVICE ................................105
EXECUTION OF PENALTIES .......................................105
PROBATION LAW (PD 968, AS AMENDED) .................. 106
SUSPENSION IN CASE OF INSANITY OR MINORITY .........109
JUVENILE JUSTICE AND WELFARE ACT OF 2006 (RA 9344);
CHILD AND YOUTH WELFARE CODE (PD 603, AS AMENDED)
..........................................................................109
RA 9344 COMPARED TO PD 603 .............................. 110
Modification and Extinction of
Criminal Liability .................. 112
TOTAL EXTINGUISHMENT .................................112
PARTIAL EXTINGUISHMENT .............................112
PRESCRIPTION OF CRIME; PRESCRIPTION OF
VIOLATIONS OF SPECIAL LAWS
(ACT NO. 3326) ..................................................112
PRESCRIPTION OF PENALTIES ..........................113
PARDON BY OFFENDED PARTY ....................... 114
PARDON BY THE CHIEF EXECUTIVE ................. 114
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AMNESTY .......................................................... 115
CRIMINAL LAW 2
Title I. Crimes against National
Security and the Law of
Nations ................................. 117
CRIMES AGAINST NATIONAL SECURITY ........... 117
ARTICLE 114 - TREASON ........................................... 117
ARTICLE 115 - CONSPIRACY AND PROPOSAL TO COMMIT
TREASON ............................................................. 119
ARTICLE 116 - MISPRISION OF TREASON ..................... 119
ARTICLE 117 ESPIONAGE ....................................... 120
Crimes against the Law of
Nations ................................ 120
ARTICLE 118 - INCITING TO WAR OR GIVING MOTIVES FOR
REPRISALS ........................................................... 120
ARTICLE 119 - VIOLATION OF NEUTRALITY ................... 121
ARTICLE 120 - CORRESPONDENCE WITH HOSTILE COUNTRY
.......................................................................... 121
ARTICLE 121 - FLIGHT TO ENEMY'S COUNTRY ............... 121
ARTICLE 122 - PIRACY IN GENERAL AND MUTINY ON THE
HIGH SEAS OR IN PHILIPPINE WATERS ........................ 121
ARTICLE 123 - QUALIFIED PIRACY .............................. 122
PD 532: ANTI-PIRACY AND ANTI-HIGHWAY
ROBBERY .......................................................... 123
DEFINITION OF TERMS ............................................ 123
PUNISHABLE ACTS ................................................. 123
RA 6235: ANTI-HIJACKING LAW ....................... 124
PUNISHABLE ACTS ................................................. 124
RA 9372: HUMAN SECURITY ACT OF 2007 ....... 124
Title II. Crimes against
Fundamental Laws of the
State .................................... 125
ARTICLE 124 - ARBITRARY DETENTION ...................... 125
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ARTICLE 125 - DELAY IN THE DELIVERY OF DETAINED ARTICLE 144 - DISTURBANCE OF PROCEEDINGS ........... 137
PERSONS TO THE PROPER JUDICIAL AUTHORITIES ........ 126 ARTICLE 145 - VIOLATION OF
ARTICLE 126 - DELAYING RELEASE ............................ 127 PARLIAMENTARY IMMUNITY .................................... 138
ARTICLE 127 EXPULSION ...................................... 127
ARTICLE 128 - VIOLATION OF DOMICILE ...................... 127 CHAPTER III ILLEGAL ASSEMBLIES AND
ARTICLE 129 - SEARCH WARRANTS MALICIOUSLY ASSOCIATIONS ................................................. 138
OBTAINED, AND ABUSE IN THE SERVICE OF THOSE LEGALLY ARTICLE 146 - ILLEGAL ASSEMBLIES .......................... 138
OBTAINED ............................................................ 128 ARTICLE 147 - ILLEGAL ASSOCIATIONS ....................... 139
ARTICLE 130 - SEARCHING DOMICILE WITHOUT WITNESSES
.......................................................................... 128 CHAPTER IV - ASSAULT UPON AND RESISTANCE
ARTICLE 131 - PROHIBITION, INTERRUPTION AND AND DISOBEDIENCE TO, PERSONS IN
DISSOLUTION OF PEACEFUL MEETINGS ....................... 129 AUTHORITY AND THEIR AGENTS ..................... 139
ARTICLE 132 - INTERRUPTION OF RELIGIOUS WORSHIP . 129 ARTICLE 148 - DIRECT ASSAULT ............................... 139
ARTICLE 133 - OFFENDING THE RELIGIOUS FEELINGS .... 129 ARTICLE 152 - PERSONS IN AUTHORITY AND AGENTS OF
PERSONS IN AUTHORITY ........................................ 140
RA 9372: HUMAN SECURITY ACT ..................... 130 ARTICLE 149 - INDIRECT ASSAULT ........................... 140
PERIOD OF DETENTION ........................................... 130 ARTICLE 150 - DISOBEDIENCE TO SUMMONS ISSUED BY
CONGRESS, ITS COMMITTEES OR SUBCOMMITTEES, BY THE
RA 9745: ANTI-TORTURE ACT ...........................131 CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES,
SUBCOMMITTEES OR DIVISIONS ................................ 141
PUNISHABLE ACTS ..................................................131
ARTICLE 151 - RESISTANCE AND DISOBEDIENCE TO A
WHO ARE LIABLE ................................................... 132
PERSON IN AUTHORITY OR THE AGENTS OF
SUCH PERSONS ..................................................... 141
Title III. Crimes against Public
Order .................................... 133 CHAPTER V - PUBLIC DISORDERS .................... 142
ARTICLE 153 - TUMULTS AND OTHER DISTURBANCES OF

CHAPTER I - REBELLION, COUP DETAT, PUBLIC ORDER ...................................................... 142

SEDITION AND DISLOYALTY ............................. 133 ARTICLE 154 - UNLAWFUL USE OF MEANS OF PUBLICATION
AND UNLAWFUL UTTERANCES .................................. 142
ARTICLE 134 - REBELLION /INSURRECTION ................ 133
ARTICLE 155 - ALARMS AND SCANDALS ..................... 142
ARTICLE 134-A - COUP D TAT ................................ 134
ARTICLE 156 - DELIVERING PRISONERS FROM JAIL ....... 143
ARTICLE 135 - PENALTY FOR REBELLION, INSURRECTION OR
COUP D TAT ....................................................... 135
CHAPTER VI - EVASION OF SERVICE OF
ARTICLE 136 - CONSPIRACY AND PROPOSAL TO COMMIT
SENTENCE ........................................................ 143
COUP D TAT, REBELLION OR INSURRECTION ............. 135
ARTICLE 137 - DISLOYALTY OF PUBLIC OFFICERS OR ARTICLE 157 - EVASION OF SERVICE OF SENTENCE ........ 143

EMPLOYEES .......................................................... 135 ARTICLE 158 - EVASION OF SERVICE OF SENTENCE ON THE

ARTICLE 138 - INCITING TO REBELLION OR INSURRECTION OCCASION OF DISORDERS, CONFLAGRATIONS,

.......................................................................... 135 EARTHQUAKES, OR OTHER CALAMITIES .....................144

ARTICLE 139 SEDITION ......................................... 136 ARTICLE 159 - OTHER CASES OF EVASION OF SERVICE OF

ARTICLE 140 - PERSONS LIABLE FOR SEDITION ............ 136 SENTENCE ............................................................ 144

ARTICLE 141 - CONSPIRACY TO COMMIT SEDITION ........ 137

ARTICLE 142 INCITING TO SEDITION ........................ 137
CHAPTER II - CRIMES AGAINST POPULAR
REPRESENTATION ........................................... 137
ARTICLE 143 - ACTS TENDING TO PREVENT THE MEETING OF
THE CONGRESS OF THE PHILIPPINES AND SIMILAR BODIES
.......................................................................... 137
CHAPTER VII - COMMISSION OF ANOTHER CRIME
DURING SERVICE OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFFENSE ....................... 145
ARTICLE 160 - QUASI RECIDIVISM ............................. 145
PD 1866 AS AMENDED BY RA 8294: ILLEGAL POSSESSION
OF FIREARMS ........................................................ 145

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Title IV. Crimes against Public
Interest ................................148
ACTS OF COUNTERFEITING .............................. 149
ARTICLE 161 - COUNTERFEITING THE GREAT SEAL OF THE
GOVERNMENT OF THE PHILIPPINE ISLANDS, FORGING THE
SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE .......... 149
ARTICLE 162 - USING FORGED SIGNATURE OR COUNTERFEIT
SEAL OR STAMP ..................................................... 149
ARTICLE 163 - MAKING AND IMPORTING AND UTTERING
FALSE COINS ......................................................... 149
ARTICLE 164 - MUTILATION OF COINS ........................150
ARTICLE 165 - SELLING OF FALSE OR MUTILATED COIN,
WITHOUT CONNIVANCE ........................................... 150
ARTICLE 166 - FORGING TREASURY OR BANK NOTES OR
OTHER DOCUMENTS PAYABLE TO BEARER; IMPORTING AND
UTTERING SUCH FALSE OR FORGED NOTES AND
DOCUMENTS ......................................................... 150
ARTICLE 167 - COUNTERFEITING, IMPORTING, AND
UTTERING INSTRUMENTS NOT PAYABLE TO BEARER ..... 151
ACTS OF FORGERY ........................................... 151
ARTICLE 168 - ILLEGAL POSSESSION AND USE OF FALSE
TREASURY OR BANK NOTES AND OTHER INSTRUMENTS OF
CREDIT ................................................................ 151
ARTICLE 169 - HOW FORGERY IS COMMITTED .............. 151
ACTS OF FALSIFICATION .................................. 152
ARTICLE 170 - FALSIFICATION OF LEGISLATIVE DOCUMENTS
.......................................................................... 152
ARTICLE 171 - FALSIFICATION BY PUBLIC OFFICER,
EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER .. 152
ARTICLE 172 - FALSIFICATION BY PRIVATE INDIVIDUAL AND
USE OF FALSIFIED DOCUMENTS ................................ 155
ARTICLE 173 - FALSIFICATION OF WIRELESS, CABLE,
TELEGRAPH AND TELEPHONE MESSAGES, AND USE OF SAID
FALSIFIED MESSAGES ............................................. 156
ARTICLE 174 - FALSE MEDICAL CERTIFICATES, FALSE
CERTIFICATES OF MERITS OR SERVICE, ETC. ................ 156
ARTICLE 175 - USING FALSE CERTIFICATES .................. 157
ARTICLE 176 - MANUFACTURING AND POSSESSION OF
INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATION ..... 157
OTHER FALSITIES ............................................. 157
ARTICLE 177 - USURPATION OF AUTHORITY OR OFFICIAL
FUNCTIONS .......................................................... 157
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ARTICLE 178 - USING FICTITIOUS AND CONCEALING TRUE
NAME .................................................................. 157
ARTICLE 179 - ILLEGAL USE OF
UNIFORMS AND INSIGNIA ........................................ 158
ARTICLE 180 - FALSE TESTIMONY
AGAINST A DEFENDANT .......................................... 158
ARTICLE 181 - FALSE TESTIMONY FAVORABLE TO THE
DEFENDANT ......................................................... 158
ARTICLE 182 - FALSE TESTIMONY IN CIVIL CASES .......... 159
ARTICLE 183 - FALSE TESTIMONY IN OTHER CASES AND
PERJURY IN SOLEMN AFFIRMATION ........................... 159
ARTICLE 184 - OFFERING FALSE TESTIMONY
IN EVIDENCE ......................................................... 159
ARTICLE 185 - MACHINATIONS IN PUBLIC AUCTIONS .....160
ARTICLE 186 MONOPOLIES AND COMBINATIONS IN
RESTRAINT OF TRADE .............................................160
ARTICLE 187 IMPORTATION AND DISPOSITION OF FALSELY
MARKED ARTICLES OR MERCHANDISE MADE OF GOLD,
SILVER, OR OTHER PRECIOUS METALS OR THEIR ALLOYS 161
RA 9194 ANTI-MONEY LAUNDERING ACT ................... 161
Title V. Crimes Relative to
Opium and Other Prohibited
Drugs .................................... 161
DEFINITION OF IMPORTANT TERMS ........................... 161
.................................................... 162
ACTS PUNISHED
PENALTIES FOR UNLAWFUL ACTS ................... 162
OTHER IMPORTANT POINTS ..................................... 165
Title VI. Crimes against Public
Morals ................................. 167
CRIMES AGAINST PUBLIC MORALS ................. 167
ARTICLES 195-199 OF THE RPC ................................ 167
ARTICLE 200 - GRAVE SCANDAL ............................... 168
ARTICLE 201 - IMMORAL DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS AND
INDECENT SHOWS .................................................. 168
ARTICLE 202 - VAGRANCY AND PROSTITUTION ........... 169
RA 10158: AN ACT DECRIMINALIZING VAGRANCY,
AMENDING ARTICLE 202 OF THE RPC ........................ 170
RA 9208 (ANTI-TRAFFICKING IN PERSONS ACT)..........170
P.D. 1602 ANTI-GAMBLING ACT AS AMENDED BY R.A.
9287 ILLEGAL NUMBERS GAME WHICH REPEALED
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Title VII. Crimes Committed by
Public Officers ..................... 172
CHAPTER I PRELIMINARY PROVISIONS ........... 173
ARTICLE 222 - OFFICERS INCLUDED IN THE PRECEDING
PROVISIONS ......................................................... 185
CHAPTER V: INFIDELITY OF PUBLIC OFFICERS 185
ARTICLE 223 - CONNIVING WITH OR CONSENTING TO

ARTICLE 203 - WHO ARE PUBLIC OFFICERS ................. 173 EVASION .............................................................. 185
ARTICLE 224 - EVASION THROUGH NEGLIGENCE .......... 186
ARTICLE 225 - ESCAPE OF PRISONER UNDER THE CUSTODY
CHAPTER II: MALFEASANCE AND MISFEASANCE
IN OFFICE .......................................................... 173 OF A PERSON NOT A PUBLIC OFFICER ......................... 186
ARTICLE 226 - REMOVAL, CONCEALMENT, OR
ARTICLE 204 - KNOWINGLY RENDERING UNJUST JUDGMENT
DESTRUCTION OF DOCUMENTS ................................. 186
.......................................................................... 173
ARTICLE 227 - OFFICER BREAKING SEAL ..................... 187
ARTICLE 205 - JUDGMENT RENDERED THROUGH
ARTICLE 228 - OPENING OF CLOSED DOCUMENTS ........ 187
NEGLIGENCE ......................................................... 174
ARTICLE 229 - REVELATION OF SECRETS
ARTICLE 206 - UNJUST INTERLOCUTORY ORDER ......... 174
BY AN OFFICER ...................................................... 187
ARTICLE 207 - MALICIOUS DELAY IN THE ADMINISTRATION
ARTICLE 230 - PUBLIC OFFICERS REVEALING SECRETS OF
OF JUSTICE ........................................................... 174
PRIVATE INDIVIDUALSS ........................................... 188
ARTICLE 208 - PROSECUTION OF OFFENSES; NEGLIGENCE
AND TOLERANCE ................................................... 174
CHAPTER VI: OTHER OFFENSES OR
ARTICLE 209 BETRAYAL OF TRUST BY AN ATTORNEY OR A
IRREGULARITIES BY PUBLIC OFFICERS ...........188
SOLICITOR REVELATION OF SECRETS ....................... 175
ARTICLE 231 - OPEN DISOBEDIENCE ..........................188
ARTICLE 210 - DIRECT BRIBERY ................................ 175
ARTICLE 232 - DISOBEDIENCE TO THE ORDER OF SUPERIOR
ARTICLE 211 - INDIRECT BRIBERY .............................. 176
OFFICER WHEN SAID ORDER WAS SUSPENDED BY INFERIOR
ARTICLE 211-A - QUALIFIED BRIBERY ......................... 177
OFFICER ............................................................... 188
ARTICLE 212 - CORRUPTION OF PUBLIC OFFICIALS ........ 177
ARTICLE 233 - REFUSAL OF ASSISTANCE ....................188
RA 3019 (ANTI-GRAFT & CORRUPT PRACTICES ACT)....177
RA 7080 (ANTI-PLUNDER ACT) ................................. 179 ARTICLE 234 - REFUSAL TO DISCHARGE
ELECTIVE OFFICE .................................................... 188
CHAPTER III: FRAUDS AND ILLEGAL EXACTIONS ARTICLE 235 - MALTREATMENT OF PRISONERS ...........188
AND TRANSACTIONS ....................................... 181 ARTICLE 236 - ANTICIPATION OF DUTIES OF A PUBLIC

ARTICLE 213 - FRAUD AGAINST THE PUBLIC TREASURY AND OFFICER ...............................................................190

SIMILAR OFFENSES ................................................ 181 ARTICLE 237 - PROLONGING PERFORMANCE OF DUTIES AND

ARTICLE 214 - OTHER FRAUDS ................................. 182 POWERS ..............................................................190

ARTICLE 215 - PROHIBITED TRANSACTIONS ................ 182 ARTICLE 238 - ABANDONMENT OF OFFICE
ARTICLE 216 - POSSESSION OF PROHIBITED INTEREST BY A OR POSITION ........................................................190
PUBLIC OFFICER .................................................... 182 ARTICLE 239 - USURPATION OF LEGISLATIVE POWERS ..190
ARTICLE 240 - USURPATION OF
EXECUTIVE FUNCTIONS ........................................... 191
CHAPTER IV: MALVERSATION OF PUBLIC FUNDS
OR PROPERTY .................................................. 182 ARTICLE 241 - USURPATION OF JUDICIAL FUNCTIONS ... 191
ARTICLE 242 - DISOBEYING REQUEST FOR
ARTICLE 217 - MALVERSATION OF PUBLIC FUNDS OR
DISQUALIFICATION ................................................. 191
PROPERTY - PRESUMPTION OF MALVERSATION ........... 182
ARTICLE 243 - ORDERS OR REQUEST BY EXECUTIVE OFFICER
ARTICLE 218 - FAILURE OF ACCOUNTABLE OFFICER TO
TO ANY JUDICIAL AUTHORITY ................................... 191
RENDER ACCOUNTS ............................................... 184
ARTICLE 244 - UNLAWFUL APPOINTMENTS ................ 191
ARTICLE 219 - FAILURE OF A RESPONSIBLE PUBLIC OFFICER
ARTICLE 245 - ABUSES AGAINST CHASTITY ................. 191
TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY 184
RA 3019: ANTI-GRAFT AND CORRUPT PRACTICES ........ 167
ARTICLE 220 - ILLEGAL USE OF PUBLIC FUNDS OR
RA 7080: ANTI-PLUNDER ACT ................................. 170
PROPERTY ............................................................ 184
RA 9372: HUMAN SECURITY ACT .............................. 170
ARTICLE 221 - FAILURE TO MAKE DELIVERY OF PUBLIC
FUNDS OR PROPERTY ............................................. 185

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Title VIII. Crimes against RA 7610 (SPECIAL PROTECTION OF CHILDREN AGAINST

CHILD ABUSE) ....................................................... 210
Persons ................................ 192 RA 9344 (JUVENILE JUSTICE & WELFARE ACT) .......... 211
PD 603 (CHILD & YOUTH WELFARE CODE) ................ 212
CHAPTER I DESTRUCTION OF LIFE .................. 192
ARTICLE 246 - PARRICIDE ....................................... 192 Title IX. Crimes against
ARTICLE 247 - DEATH OR PHYSICAL INJURIES UNDER
EXCEPTIONAL CIRCUMSTANCES ................................ 193
Personal Liberty
ARTICLE 248 - MURDER ......................................... 194 and Security ........................ 212
TREACHERY .......................................................... 194
FIRE .................................................................... 194
CHAPTER I CRIMES AGAINST LIBERTY ............. 213
POISON ............................................................... 195
ARTICLE 267 - KIDNAPPING AND SERIOUS ILLEGAL
EVIDENT PREMEDITATION ....................................... 195
CRUELTY .............................................................. 195
DETENTION .......................................................... 213
ARTICLE 268 - SLIGHT ILLEGAL DETENTION ................ 215
ARTICLE 249 - HOMICIDE ........................................ 196
ARTICLE 269 - UNLAWFUL ARREST ........................... 215
ARTICLE 250 - PENALTY FOR FRUSTRATED PARRICIDE,
ARTICLE 270 - KIDNAPPING AND FAILURE TO RETURN A
MURDER OR HOMICIDE ........................................... 196
MINOR ................................................................. 216
ARTICLE 251 - DEATH CAUSED IN
ARTICLE 271 - INDUCING A MINOR TO
TUMULTUOUS AFFRAY ............................................ 196
ABANDON HIS HOME .............................................. 216
ARTICLE 252 - PHYSICAL INJURIES CAUSED IN TUMULTUOUS
ARTICLE 272 - SLAVERY .......................................... 217
AFFRAY ............................................................... 196
ARTICLE 273 - EXPLOITATION OF CHILD LABOR ............ 217
ARTICLE 253 - GIVING ASSISTANCE TO SUICIDE ........... 197
ARTICLE 274 - SERVICES RENDERED UNDER COMPULSION
ARTICLE 254 - DISCHARGE OF FIREARMS ................... 197
IN PAYMENT OF DEBT ............................................. 217
ARTICLE 255 - INFANTICIDE .................................... 197
ARTICLE 256 - INTENTIONAL ABORTION .................... 198
ABORTION VS. INFANTICIDE ..................................... 198 CHAPTER II: CRIMES AGAINST SECURITY ........ 217
ARTICLE 257 - UNINTENTIONAL ABORTION ................. 198 ARTICLE 275 - ABANDONMENT OF PERSONS IN DANGER
ARTICLE 258 - ABORTION PRACTICED BY THE WOMAN AND ABANDONMENT OF OWN VICTIM ......................... 217
HERSELF OR BY PARENTS ........................................ 199 ARTICLE 276 - ABANDONING A MINOR ....................... 218
ARTICLE 259 - ABORTION BY A PHYSICIAN OR MIDWIFE AND ARTICLE 277 - ABANDONMENT OF MINOR BY PERSON
DISPENSING OF ABORTIVES ..................................... 199 ENTRUSTED WITH CUSTODY; INDIFFERENCE
ARTICLE 260 - RESPONSIBILITY OF PARTICIPANTS IN A DUEL OF PARENTS ......................................................... 218
.......................................................................... 199 ARTICLE 278 - EXPLOITATION OF MINORS .................. 219
ARTICLE 261 - CHALLENGING TO A DUEL ................... 200 ARTICLE 280 - QUALIFIED TRESPASS TO DWELLING ..... 219
ARTICLE 281 - OTHER FORMS OF TRESPASS ................ 221
CHAPTER II PHYSICAL INJURIES ..................... 200 ARTICLE 282 - GRAVE THREATS ............................... 221
ARTICLE 283 - LIGHT THREATS ................................ 222
ARTICLE 262 - MUTILATION .................................... 200
ARTICLE 284 - BOND FOR GOOD BEHAVIOR ............... 222
ARTICLE 263 - SERIOUS PHYSICAL INJURIES ............... 200
ARTICLE 285 OTHER LIGHT THREATS ..................... 222
ARTICLE 264 - ADMINISTERING INJURIOUS SUBSTANCES OR
ARTICLE 286 - GRAVE COERCIONS ........................... 223
BEVERAGES ......................................................... 202
ARTICLE 287 - LIGHT COERCIONS ............................. 223
ARTICLE 265 - LESS SERIOUS PHYSICAL INJURIES ....... 202
ARTICLE 288 - OTHER SIMILAR COERCIONS ............... 224
ARTICLE 266 - SLIGHT PHYSICAL INJURIES AND
ARTICLE 289 - FORMATION, MAINTENANCE, AND
MALTREATMENT .................................................. 202
PROHIBITION OF COMBINATION OF CAPITAL OR LABOR
ARTICLE 266-A - RAPE (AMENDED BY RA 8353) ........ 203
RA 9262 (ANTI-VIOLENCE AGAINST WOMEN & THEIR THROUGH VIOLENCE OR THREATS ............................ 225
CHILDREN) .......................................................... 206
RA 9775 (ANTI-CHILD PORNOGRAPHY LAW) ........... 207 CHAPTER III: DISCOVERY AND REVELATION OF
SECRETS .......................................................... 225
RA 8049 (ANTI-HAZING LAW)............................... 208

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 TABLE OF CONTENTS
ARTICLE 290 - DISCOVERING SECRETS THROUGH SEIZURE
OF CORRESPONDENCE ........................................... 225
ARTICLE 291 - REVEALING SECRETS WITH ABUSE OF OFFICE
......................................................................... 225
ARTICLE 292 - REVELATION OF INDUSTRIAL SECRETS .. 225
RA 4200 (ANTI-WIRE TAPPING ACT)...................... 225
RA 9327 (HUMAN SECURITY ACT) .......................... 226
Title X. Crimes against
Property .............................. 233
CHAPTER I: ROBBERY IN GENERAL ................ 234
ARTICLE 293 - WHO ARE GUILTY OF ROBBERY ............ 234
ARTICLE 294 - WITH VIOLENCE OR INTIMIDATION OF
PERSONS ............................................................ 234
ARTICLE 295 - ROBBERY WITH PHYSICAL INJURIES, IN AN
UNINHABITED PLACE AND BY A BAND ....................... 236
ARTICLE 296 - DEFINITION OF A BAND AND PENALTY
INCURRED BY THE MEMBERS THEREOF ...................... 236
ARTICLE 297 - ATTEMPTED AND FRUSTRATED ROBBERY
WITH HOMICIDE ..................................................... 237
ARTICLE 298 - EXECUTION OF DEEDS THROUGH VIOLENCE
OR INTIMIDATION BY FORCE UPON THINGS .................237
ARTICLE 299 - ROBBERY IN AN INHABITED HOUSE OR
PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP ....237
ARTICLE 301 - WHAT IS AN UNINHABITED HOUSE, PUBLIC
BUILDING DEDICATED TO RELIGIOUS WORSHIP AND THEIR
DEPENDENCIES .................................................... 238
ARTICLE 300 ROBBERY IN AN UNINHABITED PLACE AND
BY A BAND ........................................................... 239
ARTICLE 302 - IN AN UNINHABITED PLACE OR PRIVATE
BUILDING ............................................................ 239
ARTICLE 303 - ROBBERY OF CEREALS, FRUITS OR
FIREWOOD IN AN INHABITED PLACE OR
PRIVATE BUILDING ................................................ 239
ARTICLE 304 - POSSESSION OF PICKLOCK OR SIMILAR
TOOLS ................................................................ 239
ARTICLE 305 - DEFINES FALSE KEYS ......................... 240
CHAPTER 2: BRIGANDAGE
(ARTICLES 306-307) ........................................ 240
ARTICLE 306 - WHO ARE BRIGANDS ......................... 240
ARTICLE 307 - AIDING AND ABETTING A BAND OF BRIGANDS
......................................................................... 240
CHAPTER 3: THEFT .......................................... 240
ARTICLE 308 - WHO ARE LIABLE FOR THEFT .............. 240
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ARTICLE 309 - PENALTIES ...................................... 242
ARTICLE 310 - QUALIFIED THEFT .............................. 242
PD 1612: ANTI-FENCING LAW ................................. 242
RA 6539: ANTI-CARNAPPING LAW ........................... 243
ARTICLE 311 - THEFT OF THE PROPERTY OF THE NATIONAL
LIBRARY AND NATIONAL MUSEUM ........................... 245
CHAPTER 4: USURPATION .............................. 245
ARTICLE 312 - OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN PROPERTY .............. 245
ARTICLE 313 - ALTERING BOUNDARIES OR LANDMARKS 245
CHAPTER 5: CULPABLE INSOLVENCY ............. 245
ARTICLE 314 - FRAUDULENT INSOLVENCY ................. 245
CHAPTER 6: SWINDLING & OTHER DECEITS ... 246
ARTICLE 315 - ESTAFA ........................................... 246
BP 22 (ANTI-BOUNCING CHECKS LAW) .................... 250
ARTICLE 316 - OTHER FORMS OF SWINDLING AND DECEITS
......................................................................... 252
ARTICLE 317 - SWINDLING OF A MINOR ..................... 254
ARTICLE 318 - OTHER DECEITS ................................ 254
CHAPTER 7: CHATTEL MORTGAGE .................. 254
ARTICLE 319 - REMOVAL, SALE, OR PLEDGE OF MORTGAGED
PROPERTY ........................................................... 254
CHAPTER 8: ARSON AND OTHER CRIMES
INVOLVING DESTRUCTION .............................. 255
PD 1613, 1. ARSON .............................................. 255
PD 1613, 2. DESTRUCTIVE ARSON .......................... 256
CHAPTER 9 MALICIOUS MISCHIEF .................. 256
ARTICLE 327 - WHO ARE RESPONSIBLE ..................... 257
ARTICLE 328 - SPECIAL CASES OF MALICIOUS MISCHIEF 257
ARTICLE 329 - OTHER MISCHIEFS ............................ 257
ARTICLE 330 - DAMAGE AND OBSTRUCTION TO MEANS OF
COMMUNICATION ................................................. 257
ARTICLE 331 DESTROYING OR DAMAGING STATUES,
PUBLIC MONUMENTS OR PAINTINGS ......................... 257
CHAPTER 10: EXEMPTION FROM CRIMINAL
LIABILITY ......................................................... 257
Title XI. Crimes against
Chastity .............................. 258
ARTICLE 333 - ADULTERY ....................................... 258
 TABLE OF CONTENTS

ARTICLE 334 - CONCUBINAGE ................................. 259 ARTICLE 357 - PROHIBITED PUBLICATION OF ACTS
ARTICLE 336 - ACTS OF LASCIVIOUSNESS .................. 260 REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS
ARTICLE 337 - QUALIFIED SEDUCTION ....................... 261 (GAG LAW) ...........................................................273
ARTICLE 338 - SIMPLE SEDUCTION ........................... 262 ARTICLE 358 - SLANDER ........................................ 274
ARTICLE 339 - ACTS OF LASCIVIOUSNESS WITH THE ARTICLE 359 - SLANDER BY DEED ............................ 274
CONSENT OF THE OFFENDED PARTY ......................... 262 ARTICLE 360 - PERSONS RESPONSIBLE FOR LIBEL ...... 275
ARTICLE 340 - CORRUPTION OF MINORS ................... 263 ARTICLE 361 - PROOF OF TRUTH .............................. 275
ARTICLE 341 - WHITE SLAVE TRADE .......................... 263 ARTICLE 362 - LIBELOUS REMARKS .......................... 276
ARTICLE 342 - FORCIBLE ABDUCTION ....................... 263
ARTICLE 343 - CONSENTED ABDUCTION .................... 265 CHAPTER II: INCRIMINATORY
ARTICLE 344 - PROSECUTION OF PRIVATE OFFENSES .. 265
MACHINATIONS ............................................... 277
ARTICLE 345: CIVIL LIABILITY .................................. 266
ARTICLE 363 - INCRIMINATING INNOCENT PERSON ...... 277
ARTICLE 346 LIABILITY OF ASCENDANTS, GUARDIANS,
ARTICLE 364 - INTRIGUING AGAINST HONOR .............. 277
TEACHERS AND OTHER PERSONS ENTRUSTED WITH THE
CUSTODY OF THE OFFENDED PARTY .......................... 266
Title XIV. Quasi-Offenses .. 277
RA 9995: ANTI-PHOTO AND VIDEO VOYEURISM
ACT OF 2009 .................................................... 266 ARTICLE 365 - IMPRUDENCE AND
NEGLIGENCE .................................................... 277
Title XII. Crimes against the
Civil Status of Persons ...... 267
CHAPTER I: SIMULATION OF BIRTHS AND
USURPATION OF CIVIL STATUS ...................... 267
ARTICLE 347 - SIMULATION OF BIRTHS, SUBSTITUTION OF
ONE CHILD FOR ANOTHER, AND CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE CHILD ................... 267
ARTICLE 348 - USURPATION OF CIVIL STATUS ............ 268

CHAPTER II: ILLEGAL MARRIAGES .................. 269

ARTICLE 349 BIGAMY ......................................... 269
ARTICLE 350 - MARRIAGE CONTRACTED AGAINST
PROVISIONS OF LAWS ............................................ 269
ARTICLE 351 - PREMATURE MARRIAGE ..................... 269
ARTICLE 352 - PERFORMANCE OF ILLEGAL MARRIAGE
CEREMONY .......................................................... 269

Title XIII. Crimes against Honor

............................................. 270
CHAPTER I: LIBEL ............................................ 270
ARTICLE 353 - DEFINITION OF LIBEL......................... 270
ARTICLE 354 - REQUIREMENT FOR PUBLICITY .............272
ARTICLE 355 - LIBEL BY WRITING OR SIMILAR MEANS ... 273
ARTICLE 356 - THREATENING TO PUBLISH AND OFFER TO
PREVENT SUCH PUBLICATION FOR A COMPENSATION .... 273

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TABLE OF CONTENTS

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UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

Fundamental Principles Mala in se Mala prohibita

As to degree of participation
DEFINITION OF CRIMINAL LAW When there is more Degree of participation
than one offender, the is generally not taken
Criminal Law that branch of public substantive degree of participation into account. All who
law which defines crimes, treats of their nature, of each in the participated in the act
and provides for their punishment. [Reyes, citing commission is taken are punished to the
12 Cyc. 129] into account. same extent.
As to stages of execution
MALA IN SE & MALA PROHIBITA
There are three stages: No such stages of
Mala in se (evil in itself) A crime or an act that attempted, frustrated & execution
is inherently immoral, such as murder, arson or consummated
rape. [Blacks Law Dictionary, 9th Ed.] As to persons criminally liable
Mala prohibita (prohibited evil) An act that is a The principal, Generally, only the
crime merely because it is prohibited by statute, accomplice & accessory. principal is liable.
although the act itself is not necessarily immoral.
[Blacks Law Dictionary, 9th Ed.] Penalty is computed on Penalty of offenders is
the basis of whether he same whether they
is a principal offender or acted as mere
Mala in se Mala prohibita merely an accomplice or accomplices or
As to nature accessory accessories
Wrong from its very Wrong because it is As to what laws are violated
nature; So serious in prohibited by law; Generally, the RPC. Generally, special laws.
their effects on society
As to division of penalties
as to call for
condemnation of Penalties may be There is no such division
members. divided into degrees of penalties.
and periods.
As to use of good faith as defense
GF a valid defense, GF is not a defense. Dolo is not required in crimes mala prohibita.
unless the crime is the
In those crimes which are mala prohibita, the
result of culpa
act alone irrespective of its motives, constitutes
As to WON criminal intent is an element the offense.
Criminal intent is an Criminal intent is Good faith and absence of criminal intent are
element. immaterial, BUT still not valid defenses in crimes mala prohibita.
requires intelligence & When the acts are inherently immoral, they are
voluntariness mala in se, even if punished under special law,
like plunder which requires proof of criminal
As to degree of accomplishment of crime
intent. [Estrada v. Sandiganbayan (2001)]
Degree of The act gives rise to a Where malice is a factor, good faith is a
accomplishment is crime only when defense.
taken into account for consummated. A crime in the RPC can absorb a crime
the punishment. punishable by a special law if it is a necessary
As to mitigating and aggravating circumstances ingredient of the felony defined in the Code but
They are taken into They are not taken into a special law can never absorb a crime
account in imposing account. punishable under the RPC, because violations
penalty of the Revised Penal Code are more serious

PAGE 1
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

than a violation of a special law. [People v. SOURCES OF CRIMINAL LAW

Rodriguez (1960)]
The crime of cattle-rustling is not malum
prohibitum but a modification of the crime of
theft of large cattle under the RPC (i.e. there
are special laws which only modify crimes
under the RPC therefore still mala in se).
[People v. Martinada]
(1) The Revised Penal Code (Act No. 3815) -
enacted January 1, 1932; based on the Spanish
Penal Code, US Penal Code, and Phil.
Supreme Court decisions.
(2) Special penal laws
(3) Penal Presidential Decrees issued during
Martial Law.

CRIMINAL LAW VS. CRIMINAL RELATION OF RPC TO SPECIAL LAWS:

PROCEDURE SUPPLETORY APPLICATION OF RPC
Criminal Law Criminal Procedure General rule: RPC provisions supplement the
provisions of special laws. [Art. 10, RPC]
It is substantive. It is remedial.
Prospective in Retroactive in Exceptions:
application. application. (1) Where the special law provides otherwise. [Art.
10, RPC]
Exception: If it is
(2) When the provisions of the Code are
favorable to the impossible of application, either by express
accused. provision or by necessary implication, as in
Exception to the those instances where the provisions in
Exception: question are peculiar to the Code. [Regalado,
(1) When the accused is Criminal Law Prospectus]
a habitual
delinquent. (Art. 22) In the absence of contrary provision in B.P. Blg.
(2) Where the new law 22, the general provisions of the RPC which, by
expressly made their nature, are necessarily applicable, may be
inapplicable to applied suppletorily. [Ladonga v. People (2005)]
pending actions or
existing causes of CONSTRUCTION OF PENAL LAWS
actions. [Tavera v.
Valdez] STRICT CONSTRUCTION AGAINST THE
Statutory; it is passed May be promulgated by STATE & LIBERALITY IN FAVOR OF THE
by the Legislature. the Legislature (e.g. ACCUSED
jurisdiction of courts) or Pro Reo Doctrine Whenever a penal law is to be
the Judiciary (e.g. Rules construed or applied and the law admits of two
of Court) interpretations - one lenient to the offender and
one strict to the offender, that interpretation
which is lenient or favorable to the offender will
STATE AUTHORITY TO PUNISH be adopted.
CRIMES
Art. II, Sec. 5 (1987 Constitution). Declaration of Basis The fundamental rule that all doubts
Principles and State Policies. The maintenance of shall be construed in favor of the accused and
peace and order, the protection of life, liberty and presumption of innocence of the accused.
property, and promotion of the general welfare
are essential for the enjoyment by all the people The rule that penal statutes should be strictly
of the blessings of democracy. construed against the State may be invoked only
where the law is ambiguous and there is doubt as
to its interpretation. Where the law is clear and
unambiguous, there is no room for the
application of the rule. [People v. Gatchalian]

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UP LAW BOC CRIMINAL LAW 1
Art. III, Sec. 14 (2), 1987 Const. In all criminal
prosecutions, the accused shall be presumed
innocent until the contrary is proved
Equipoise Rule When the evidence of the
prosecution and the defense are equally
balanced, the scale should be tilted in favor of the
accused in obedience to the constitutional
presumption of innocence. [Ursua v. CA (1996);
Corpuz v. People (1991)]
SPANISH TEXT OF THE RPC PREVAILS OVER
ITS ENGLISH TRANSLATION
In the construction or interpretation of the
provision of the RPC, the Spanish text is
controlling, because it was approved by the
Philippine Legislature in its Spanish text. [People
v. Manaba (58 Phil 665. 668)]
There are incorrect translations of the Spanish
text into the English text in the RPC.
RETROACTIVE APPLICATION IF FAVORABLE
TO THE ACCUSED
See Characteristics of Criminal Law, Prospectivity
and Art. 22, RPC.
PRESCRIBED, BUT UNDESERVED PENALTIES
In case of excessive penalties, the court shall not
suspend the execution of the sentence [Par. 2,
Art. 5, RPC]
SCOPE OF APPLICATION &
CHARACTERISTICS OF
PHILIPPINE CRIMINAL LAW
Criminal law has three (3) characteristics:
(1) General
(2) Territorial
(3) Prospective
GENERALITY
General rule: The penal law of the country is
binding on all persons who live or sojourn in
Philippine territory, subject to the principles of
public international law and to treaty
stipulations. [Art. 14, NCC]
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CRIMINAL LAW
Exception:
Art. 2, RPC. Except as provided in the treaties or
laws of preferential application xxx
Art. 14, NCC. xxx subject to the principles of
public international law and to treaty
stipulations.
TREATY STIPULATIONS
Examples
Bases Agreement entered into by the
Philippines and the US on Mar. 14, 1947 and
expired on Sept. 16, 1991.
Visiting Forces Agreement (VFA) is an
agreement between the Philippine and US
Government regarding the treatment of US
Armed Forces visiting the Philippines. It was
signed on Feb. 10, 1998.
Art. V, VFA, which defines criminal jurisdiction
over United States military and civilian
personnel temporarily in the Philippines in
connection with activities approved by the
Philippine Government.
The US and Philippines agreed that:
(1) US shall have the right to exercise within the
Philippines all criminal and disciplinary
jurisdiction conferred on them by the military
law of the US over US personnel in RP;
(2) US authorities exercise exclusive jurisdiction
over US personnel with respect to offenses,
including offenses relating to the security of
the US punishable under the law of the US,
but not under the laws of RP;
(3) US military authorities shall have the primary
right to exercise jurisdiction over US
personnel subject to the military law of the
US in relation to:
(a) Offenses solely against the property or
security of the US or offenses solely against
the property or person of US personnel;
and
(b) Offenses arising out of any act or omission
done in performance of official duty.
[Reyes, The RPC]
Rule on Jurisdiction Under the VFA
(1) If the crime is punishable under Philippine
laws but not under US laws then Philippines
has exclusive jurisdiction.
UP LAW BOC CRIMINAL LAW 1
(2) If the crime is punishable under US laws but
not under Philippine laws then US has
exclusive jurisdiction.
(3) If the crime is punishable under the US and
Philippine laws then there is concurrent
jurisdiction but the Philippines has the right to
primary jurisdiction.
(4) If the crime is committed by a US personnel
against the security and property of the US
alone then US has exclusive jurisdiction.
Generally, the Philippines cannot refuse the
request of the US for waiver of jurisdiction and
has to approve the request for waiver except if the
crime is of national importance:
(1) Those crimes defined under RA 7659 (Heinous
crimes)
(2) Those crimes defined under RA 7610 (Child
Abuse cases)
(3) Those crimes defined under RA 9165
(Dangerous Drugs cases)
LAWS OF PREFERENTIAL APPLICATION
Examples:
Members of Congress are not liable for libel or
slander for any speech in Congress or in any
committee thereof. (Sec. 11, Art. VI, 1987
Constitution)
Any ambassador or public minister of any
foreign State, authorized and received as such
by the President, or any domestic or domestic
servant of any such ambassador or minister are
exempt from arrest and imprisonment and
whose properties are exempt from distraint,
seizure and attachment. (R.A. No. 75)
R.A. No. 75 penalizes acts which would impair
the proper observance by the Republic and
inhabitants of the Philippines of the
immunities, rights, and privileges of duly
accredited foreign diplomatic representatives in
the Philippines.
Exceptions:
(1) The person is a citizen or inhabitant of the
Philippines
(2) The writ or process issued against him is
founded upon a debt contracted before he
entered upon such service or the domestic
servant is not registered with the Dept. of
Foreign Affairs.
Note: RA 75 is not applicable when the foreign
country adversely affected does not provide
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CRIMINAL LAW
similar protection to our diplomatic
representatives.
Warship Rule A warship of another country,
even though docked in the Philippines, is
considered an extension of the territory of its
respective country. This also applies to
embassies.
PRINCIPLES OF PUBLIC INTERNATIONAL
LAW
The following persons are exempt from the
provisions of the RPC:
(1) Sovereigns and other heads of state
(2) Ambassadors, ministers, plenipotentiary,
minister resident and charges d affaires.
[Article 31, Vienna Convention on Diplomatic
Relations]
Note: Consuls and consular officers are NOT
exempt from local prosecution. [See Art. 41,
Vienna Convention on Consular Relations]
Consuls, vice-consuls, and other commercial
representatives of foreign nations do not possess
the status of, and cannot claim the privileges and
immunities accorded to ambassadors and
ministers. [Wheaton, International Law, Sec. 249]
Public vessels of a friendly foreign power are
not subject to local jurisdiction.
Generality has NO reference to territoriality.
TERRITORIALITY
Art. 2, RPC embraces two* scopes of
applications:
(1) Intraterritorial refers to the application of the
RPC within the Philippine territory (land, air
and water).
(2) Extraterritorial refers to the application of
the Revised Penal Code outside the Philippine
territory.
GENERAL RULE
Penal laws of the country have force and effect
only within its territory.
It cannot penalize crimes committed outside its
territory.
The national territory comprises the Philippine
Archipelago [Art. I, 1987 Constitution].
UP LAW BOC
The territory of the country is not limited to the
land where its sovereignty resides but includes
also its maritime and interior waters as well as
its atmosphere. [Art. 2, RPC]
(1) Terrestrial jurisdiction is the jurisdiction
exercised over land.
(2) Fluvial jurisdiction is the jurisdiction
exercised over maritime and interior waters.
(3) Aerial jurisdiction is the jurisdiction exercised
over the atmosphere.
EXCEPTIONS
Extraterritorial crimes, which are punishable even
if committed outside the Philippine territory [Art.
2, RPC]
Crimes committed aboard Philippine ship or
airship (Par. 1)
The RPC is applied to Philippine vessels if the
crime is committed while the ship is treading:
(1) Philippine waters (intraterritorial), or
(2) The high seas i.e. waters NOT under the
jurisdiction of any State (extraterritorial)
Requisites:
(a) The ship or airship must not be within the
territorial jurisdiction of another country
(b) The ship or airship must be registered in the
Philippines under Philippine laws
Two rules as to jurisdiction over crimes committed
aboard merchant vessels while in the territorial
waters of another country
(i.e. a foreign vessel treading Philippine waters
OR Philippine vessels treading foreign waters):
(1) FRENCH RULE - It is the flag or nationality of
the vessel which determines jurisdiction,
UNLESS the crime violates the peace and
order of the host country.
(2) ENGLISH RULE - The location or situs of the
crime determines jurisdiction UNLESS the
crime merely relates to internal management
of the vessel.
The Philippines adheres to the ENGLISH RULE.
However, these rules are NOT applicable if the
vessel is on the high seas when the crime was
committed. In these cases, the laws of the
nationality of the ship will always apply.
When the crime is committed in a war vessel of
a foreign country, the nationality of the vessel
CRIMINAL LAW 1 CRIMINAL LAW
will always determine jurisdiction because war
vessels are part of the sovereignty of the
country to whose naval force they belong.
Note: The country of registry determines the
nationality of the vessel, NOT ITS OWNERSHIP. A
Filipino-owned vessel registered in China must fly
the Chinese flag.
International Theories on Aerial Jurisdiction
(1) Free Zone Theory The atmosphere over the
country is free and not subject to the
jurisdiction of the subjacent state, except for
the protection of its national security and
public order.
(2) Relative Theory The subjacent state
exercises jurisdiction over the atmosphere only
to the extent that it can effectively exercise
control thereof.
(3) Absolute Theory The subjacent state has
complete jurisdiction over the atmosphere
above it subject only to the innocent passage
by aircraft of a foreign country.
Under this theory, if the crime is committed in
an aircraft, no matter how high, as long as it
can be established that it is within the
Philippine atmosphere, Philippine criminal law
(see Anti-Hijacking Law) will govern.
Note: The Philippines adopts the Absolute
Theory.
Forging/counterfeiting of coins or currency
notes in the Philippines (Par. 2)
Forgery is committed by giving to a treasury or
bank note or any instrument payable to bearer or
to order the appearance of a true genuine
document or by erasing, substituting,
counterfeiting or altering, by any means, the
figures, letters, words, or signs contained therein.
Forgery is committed abroad, and it refers only to
Philippine coin, currency note, obligations and
securities.
PAGE 5
UP LAW BOC CRIMINAL LAW 1
Should introduce into the country the above-
mentioned obligations & securities (Par. 3)
The reason for this provision is that the
introduction of forged or counterfeited
obligations and securities into the Philippines is
as dangerous as the forging or counterfeiting of
the same, to the economic interest of the country.
Those who introduced the counterfeit items are
criminally liable even if they were not the ones
who counterfeited the obligations and securities.
On the other hand, those who counterfeited the
items are criminally liable even if they did not
introduce the counterfeit items.
When public officers or employees commit an
offense in the exercise of their functions (Par.
4)
Crime committed pertains to the exercise of the
public officials functions:
The crimes which may be committed are:
(1) Direct bribery [A. 210]
(2) Qualified Bribery [A. 211-A]
(3) Indirect bribery [A. 211]
(4) Corruption [A. 212]
(5) Frauds against the public treasury [A. 213]
(6) Possession of prohibited interest [A. 216]
(7) Malversation of public funds or property [A.
217]
(8) Failure to render accounts [A.218]
(9) Illegal use of public funds or property [A. 220]
(10) Failure to make delivery of public funds or
property [A. 221]
(11) Falsification by a public officer or employee
committed with abuse of his official position
[A.171]
(12) Those having to do with the discharge of their
duties in a foreign country.
The functions contemplated are those, which are,
under the law:
(1) To be performed by the public officer;
(2) In the foreign service of the Phil. government;
(3) In a foreign country.
A crime committed within the grounds of a
Philippine embassy on foreign soil shall be
subject to Philippine penal laws, although it may
or may not have been committed by a public
officer in relation to his official duties. Embassy
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CRIMINAL LAW
grounds are considered as extensions of the
sovereignty of the country occupying them.
Commit any of the crimes against national
security and the law of nations (par. 5; Title
One, Book 2, RPC)
Crimes against national security:
(1) Treason [A. 114]
(2) Conspiracy and proposal to commit treason
[A. 115]
(3) Misprision of treason [A. 116]
(4) Espionage [A. 117]
Crimes against the law of nations:
(1) Inciting to war or giving motives for reprisals
[A. 118]
(2) Violation of neutrality [A. 119]
(3) Correspondence with hostile country [A. 120]
(4) Flight to enemys country [A. 121]
(5) Piracy in general and mutiny on the high seas
or in Philippine waters [A. 122)
Note: Crimes against public order (e.g., rebellion,
coup detat, sedition) committed abroad is under
the jurisdiction of the host country.
Terrorism is now classified as a crime against
national security and the law of nations. (See
R.A. 9372, Human Security Act of 2007).
R.A. 9372, Human Security Act of 2007 has
extraterritorial application
Section 58 provides that the Act shall apply to
individual persons who, although physically
outside the territorial limits of the Philippines
shall:
(1) Conspire or plot to commit any of the crimes in
the Act
(2) Commit any of said crimes on board a
Philippine ship or airship
(3) Commit any of said crimes within the
embassy, consulate, or diplomatic premises
belonging to or occupied by the Philippine
government in an official capacity
(4) Commit said crimes against Philippine citizens
or persons of Philippine descent where their
citizenship or ethnicity was a factor in the
commission of the crimes
(5) Commit said crimes directly against the
Philippine government
UP LAW BOC CRIMINAL LAW 1
PROSPECTIVITY
General rule: Acts or omissions will only be
subject to a penal law if they are committed
AFTER a penal law has taken effect.
Conversely, acts or omissions which have been
committed before the effectivity of a penal law
could not be penalized by such penal law.
Exception: Penal laws shall have a retroactive
effect, insofar as they favor the person guilty of a
felony. [Art. 22, RPC]
Exception to the Exception:
(1) The new law is expressly made inapplicable to
pending actions or existing cause of actions;
or
(2) The offender is a habitual criminal. [Art. 22,
RPC]
EFFECTS OF REPEAL/AMENDMENT OF
PENAL LAW
(1) If the repeal makes the penalty lighter in the
new law:
(a) The new law shall be applied,
(b) EXCEPT when the offender is a habitual
delinquent or when the new law is made
not applicable to pending action or existing
causes of action.
(2) If the new law imposes a heavier penalty:
Law in force at the time of the commission of the
offense shall be applied.
(3) If the new law totally repeals the existing law
so that the act which was penalized under the
old law is no longer punishable:
(a) The crime is obliterated.
(b) Pending cases are dismissed, regardless of
whether the accused is a habitual criminal
(c) Unserved penalties imposed are remitted.
(d) The offender already serving sentence is
entitled to be released unless the repealing
law is expressly made inapplicable to those
who are serving sentence at the time of
repeal.
Note: Habitual criminals will continue serving
sentence
PAGE 7
CRIMINAL LAW
(4) Rule of prospectivity also applies to judicial
decisions, administrative rulings and circulars.
[Art. 8, Civil Code]
RATIONALE FOR THE PROSPECTIVITY RULE
The punishability of an act must be reasonably
known for the guidance of society [Peo v. Jabinal].
LEGALITY
Art. 21. No felony shall be punishable by any
penalty not prescribed by law prior to its
commission.
Nullum crimen nulla poena sine lege There is no
crime when there is no law punishing the same.
Limitation Not every law punishing an act or
omission may be valid as a criminal law. If the law
punishing an act is ambiguous, it is null and void.
CONSTITUTIONAL LIMITATIONS
ON THE POWER OF CONGRESS
TO ENACT PENAL LAWS
EQUAL PROTECTION
Art. III, Sec. 1, 1987 Const. No person shall be
deprived of life, liberty, or property without due
process of law, nor shall any person be denied the
equal protection of the laws.
DUE PROCESS
Art. III, Sec. 14(1), 1987 Const. No person shall be
held to answer for a criminal offense without due
process of law.
NON-IMPOSITION OF CRUEL &
UNUSUAL PUNISHMENT OR
EXCESSIVE FINES
Art III, Sec. 19, 1987 Const. Excessive fines shall not
be imposed, nor cruel, degrading or inhuman
punishment inflicted. Neither shall death penalty
be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter
provides for it. Any death penalty already imposed
shall be reduced to reclusion perpetua.
ACT PROHIBITING THE IMPOSITION OF
DEATH PENALTY (RA 9346)
UP LAW BOC CRIMINAL LAW 1
Repealed the law imposing lethal injection (R.A.
8177) and the law imposing the death penalty
(R.A. 7659). [Sec. 1]
This Act also imposes the punishment of reclusion
perpetua for offenses under any act using the
nomenclature of the RPC [Sec. 2 (a)] and the
punishment of life imprisonment for offenses
under any act which does not use the
nomenclature of the RPC [Sec. 2(b)].
BILL OF ATTAINDER
Art III, Sec. 22, 1987 Const. No ex post facto law or
bill of attainder shall be enacted.
Bill of Attainder A legislative act that inflicts
punishment without trial, its essence being the
substitution of legislative fiat for a judicial
determination of guilt [People v. Ferrer].
EX POST FACTO LAW
Ex Post Facto Law is one which:
(1) Makes criminal an act done before the
passage of the law and which was innocent
when done, and punishes such an act.
(2) Aggravates a crime, or makes it greater than it
was, when committed;
(3) Changes the punishment and inflicts a greater
punishment than the law annexed to the
crime when committed;
(4) Alters the legal rules of evidence, and
authorizes conviction upon less or different
testimony than the law required at the time of
the commission of the offense;
(5) Assumes to regulate civil rights and remedies
only, [but] in effect imposes penalty or
deprivation of a right for something which
when done was lawful; and
(6) Deprives a person accused of a crime some
lawful protection to which he has become
entitled, such as the protection of a former
conviction or acquittal, or a proclamation of
amnesty. [Reyes, The Revised Penal Code citing
In re: Kay Villegas Kami, Inc.]
PAGE 8
CRIMINAL LAW
OTHER CONSTITUTIONAL
LIMITATIONS
Must not provide imprisonment for non-
payment of debts or poll tax. [1987 Const. Art.
III, Sec. 19 (1)]
Must not restrict other constitutional freedoms,
e.g. due process, religion, free speech, and
assembly.
BASIC MAXIMS IN CRIMINAL
LAW
ACTUS NON FACIT REUM, NISI MENS
SIT REA
The act cannot be criminal where the mind is not
criminal.
The general rule is that, if it is proved that the
accused committed the criminal act charged, it
will be presumed that the act was done with
criminal intention. However, it must be borne in
mind that the act from which such presumption
springs must be a criminal act. If the act was not
unlawful and was done in good faith then there is
no crime. The act of a person does not make him
a criminal, unless his mind be criminal. [US v.
Catolico]
ACTUS ME INVITO FACTUS NON EST
MEUS ACTUS
An act done by me against my will is not my
act.
EL QUE ES CAUSA DE LA CAUSA ES
CAUSA DEL MAL CAUSADO
He who is the cause of the cause is the cause of
the evil caused.
This is the rationale in par. 1 of Art. 4 which
enunciates the doctrine of proximate cause.
He who commits an intentional felony is
responsible for all the consequences which may
naturally and logically result therefrom, whether
foreseen or intended or not.
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

The purpose of classifying penalties is to bring

Felonies about a proportionate penalty and equitable
punishment.
DIFFERENTIATING FELONIES, The penalties are graduated according to their
OFFENSE, MISDEMEANOR & degree of severity.
- The stages (Art. 6) may not apply to all kinds
CRIME of felonies.
- There are felonies which do not admit of
Felony Refers only to violations of the Revised division.
Penal Code.

A crime punishable under a special law is not

ACCORDING TO THE MANNER OF
referred to as a felony. Crime or offense is the THEIR COMMISSION
proper term. Under Art. 3, they are classified as:
(1) Intentional felonies Those committed with
Importance: There are certain provisions in the deliberate intent; and
RPC where the term felony is used, which (2) Culpable felonies Those resulting from
means that the provision is not extended to negligence, reckless imprudence, lack of
crimes under special laws. foresight or lack of skill; performed without
malice.
Offense A crime punished under a special law is
called a statutory offense. INTENTIONAL V. CULPABLE FELONY
Intentional felony Culpable felony
Misdemeanor A minor infraction of the law, Act is malicious. Not malicious.
such as a violation of an ordinance.
With deliberate intent. Injury caused is
Crime Whether the wrongdoing is punished unintentional, being just
under the Revised Penal Code or under a special an incident of another
law, the generic word crime can be used. act performed without
malice.
FELONIES: HOW COMMITTED Has intention to cause Wrongful act results
Felonies are committed not only by means of an injury. from imprudence,
deceit (dolo) but also by means of fault (culpa). negligence, lack of
foresight, or lack of skill.
There is deceit when the act is performed with
deliberate intent; and there is fault when the ACCORDING TO THE STAGES OF
wrongful act results from imprudence, THEIR EXECUTION
negligence, lack of foresight, or lack of skill. [Art. Under Art. 6, they are classified as:
3, RPC] (1) Attempted
(2) Frustrated
CLASSIFICATION OF FELONIES (3) Consummated
Felonies are classified as follows:
(1) According to the manner of their commission Note: The classification of stages of a felony in
(2) According to the stages of their execution Article 6 is true only to crimes under the Revised
(3) According to their gravity Penal Code. It does NOT apply to crimes punished
under special laws.
Other classifications:
(1) As to count However, even certain crimes which are punished
(2) As to nature under the Revised Penal Code do not admit of
these stages.

PAGE 9
UP LAW BOC CRIMINAL LAW 1
RELATED TO THIS, CLASSIFICATION
OF FELONIES AS TO:
(1) Formal Crimes Crimes which are
consummated in one instance; by a single act
of the accused consummates the offense as a
matter of law (i.e. physical injuries, acts of
lasciviousness, coercion, slander)
Example: ILLEGAL EXACTION under Art. 213
Mere demanding of an amount different
from what the law authorizes him to collect
will already consummate a crime, whether
the taxpayer pays the amount being
demanded or not.
(2) Material Felonies Crimes that have various
stages of execution
(3) Felonies by omission Crimes which have no
attempted stage.
(4) Crimes which have NO FRUSTRATED STAGE
The essence of the crime is the act itself.
(a) Rape The slightest penetration already
consummates the crime
(b) Arson The slightest burning already
renders the crime complete.
(c) Theft Free disposition of the items
stolen is not in any way determinative of
whether the crime of theft has been
produced. [Valuenzuela vs. People (2007)]
ACCORDING TO THEIR GRAVITY
Under Art. 9, felonies are classified as:
(1) Grave felonies Those to which the law
attaches the capital punishment or penalties
which in any of their periods are afflictive;
(a) Reclusion perpetua
(b) Reclusion temporal
(c) Perpetual or Absolute DQ
(d) Perpetual or Temporary Special DQ
(e) Prision mayor
(f) Fine more than P6,000
(2) Less grave felonies Those which the law
punishes with penalties which in their
maximum period is correctional;
(a) Prision correccional
(b) Arresto mayor
(c) Suspension
(d) Destierro
(e) Fines equal to or more than P200
PAGE 10
CRIMINAL LAW
(3) Light felonies Those infractions of law for the
commission of which the penalty is arresto
menor, or a fine not exceeding P200, or both.
General rule: Light felonies are punishable only
when they have been consummated
Reason: They produce light, insignificant moral,
and material injuries that public conscience is
satisfied with providing a light penalty for their
consummation.
Exception: If committed against persons or
property, punishable even if attempted or
frustrated.
Light felonies under RPC:
(1) Slight physical injuries
(2) Theft when the value of the thing stolen is less
than 5 pesos and theft is committed under the
circumstances enumerated under Art. 308
par. 3
(3) Alteration of boundary marks
(4) Malicious mischief when the value of the
damage does not exceed two hundred pesos
or cannot be estimated
(5) Intriguing against honor.
For light felonies, the only ones who can be held
liable are the principals and accomplices.
WHY IS IT NECESSARY TO DETERMINE
WHETHER THE CRIME IS GRAVE, LESS
GRAVE OR LIGHT?
(1) To determine
(a) Whether these felonies can be complexed
or not;
(b) The prescription of the crime and
(c) The prescription of the penalty.
(2) In other words, these are felonies classified
according to their gravity, stages and the
penalty attached to them.
Take note that when the Revised Penal Code
speaks of grave and less grave felonies, the
definition makes a reference specifically to
Art. 25 of the Revised Penal Code.
Do not omit the phrase In accordance with
Art. 25 because there is also a classification
of penalties under Art. 26 that was not
applied.
UP LAW BOC CRIMINAL LAW 1
This classification of felony according to
gravity is important with respect to the
question of prescription of crimes.
If the penalty is a fine and exactly P200.00, it
is only considered a light felony under Art. 9.
If the fine is imposed as an alternative
penalty or as a single penalty, the fine of
P200.00 is considered a correctional penalty
under Art. 26, hence a less grave penalty.
If the penalty is exactly P200.00, apply Art.
26 (with respect to prescription of penalties). It
is considered as a correctional penalty and it
prescribes in 10 years. If the offender is
apprehended at any time within ten years, he
can be made to suffer the fine.
AS TO COUNT
Plurality of crimes may be in the form of:
(1) Compound Crime
(2) Complex crime; and
(3) Composite crime.
AS TO NATURE
(1) Mala in se
(2) Mala prohibita
ELEMENTS OF CRIMINAL
LIABILITY
ELEMENTS OF FELONIES
(1) There must be an act or omission (actus
reus/physical act)
Act: Any kind of body movement which tends
to produce some effect in the external world;
includes possession.
Omission: The failure to perform a positive
duty which one is bound to do under the law.
(2) That the act or omission must be punishable
by the RPC.
It is important that there is a law requiring
the performance of an act; if there is no
positive duty, there is no liability.
(3) That the act is performed or the omission
incurred by means of dolo or culpa.
The act or omission must be voluntary
PAGE 11
CRIMINAL LAW
DOLO
Dolo is deliberate intent otherwise referred to as
criminal intent, and must be coupled with
freedom of action and intelligence on the part of
the offender as to the act done by him.
Intentional Felonies The act or omission is
performed or incurred with deliberate intent (with
malice) to cause an injury to another.
REQUISITES
(1) Freedom
Voluntariness on the part of the person who
commits the act or omission.
If there is lack of freedom, the offender is
exempt from liability (i.e., presence of
irresistible force or uncontrollable fear)
(2) Intelligence
Capacity to know and understand the
consequences of ones act.
This power is necessary to determine the
morality of human acts, the lack of which
leads to non-existence of a crime.
If there is lack of intelligence, the offender is
exempt from liability. (i.e., offender is an
imbecile, insane or under 15 years of age)
(3) Criminal Intent
The purpose to use a particular means to
effect a result.
The intent to commit an act with malice,
being purely a mental state, is presumed (but
only if the act committed is unlawful). Such
presumption arises from the proof of
commission of an unlawful act.
However, in some crimes, intent cannot be
presumed being an integral element thereof;
so it has to be proven.
Example: In frustrated homicide, specific
intent to kill is not presumed but must be
proven; otherwise it is merely physical
injuries.
Intent which is a mental process presupposes
the exercise of freedom and the use of
intelligence.
If an act is proven to be unlawful, then intent
will be presumed prima facie. [U.S. v. Apostol]
An honest mistake of fact destroys the
presumption of criminal intent which arises
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

from the commission of a felonious act.
[People v. Oanis]
Mens rea "A guilty mind, a guilty or
wrongful purpose or criminal intent." [Black's
Law Dictionary, 5th ed., p. 889]
Intent to kill is essential in attempted and
frustrated homicide (Art. 6 in relation to Art
249), as well as in murder.
In forcible abduction (Art. 342), specific intent
of lewd designs must be proved.

Note: If any of the elements is absent, there is no DISTINCTION BETWEEN INTENT,

dolo. If there is no dolo, there could be no
intentional felony. [Visbal vs. Buban (2003)]
LIABILITY EVEN IN THE ABSENCE OF
CRIMINAL INTENT
Exception to the requirement of criminal intent:
(1) Felonies committed by CULPA.
(2) Offenses MALA PROHIBITA.
DISCERNMENT & MOTIVE
Intent is the determination to do a certain thing,
an aim or purpose of the mind. It establishes the
nature and extent of culpability in intentional
felonies.
The purpose to use a particular means to effect a
definite result. [Reyes]

CATEGORIES OF CRIMINAL INTENT Discernment is the mental capacity to tell right

(GENERAL VS. SPECIFIC INTENT) from wrong. It is integral to the element of
intelligence, NOT intent.
General criminal intent Specific criminal intent
The intention to do The intention to commit Motive it is the moving power which impels one
something wrong. a definite act. to do an act for a definite result (ex. vengeance).
Generally, it is not an essential element of a
Presumed from the Existence is not
crime; hence, it need not be proved for purposes
mere doing of a wrong presumed.
of conviction (except in certain cases enumerated
act.
below).
The burden is upon the Since the specific intent
wrongdoer to prove that is an element of the How motive is proved
he acted without such crime, the burden is Generally, the motive is established by the
criminal intent. upon the prosecution to testimony of witnesses on the acts or statements
establish its existence. of the accused before or immediately after the
commission of the offense, deeds, or words that
The general criminal intent is presumed from may express it or from which his motive or reason
the criminal act; the absence of any general for committing it may be inferred. [Barrioquinto v.
intent is relied upon as a defense; such absence Fernandez (1949)]
must be proved by the accused.
Generally, a specific intent is not presumed. Its WHEN MOTIVE BECOMES MATERIAL
existence, as a matter of fact, must be proved IN DETERMINING CRIMINAL LIABILITY
by the State just as any other essential (1) When the act brings about variant crimes (e.g.
element. kidnapping v. robbery [People v. Puno (1993)])
This may be shown, however, by the nature of (2) When there is doubt as to the identity of the
the act, the circumstances under which it was assailant.
committed, the means employed and the (3) When there is the need to ascertain the truth
motive of the accused between two antagonistic versions of the
In some particular felonies, proof of specific crime.
intent is required. (4) When the identification of the accused
In certain crimes against property, there must proceeds from an unreliable source and the
be intent to gain (Art. 293 robbery, Art 308 testimony is inconclusive and not free from
theft). doubt.

PAGE 12
UP LAW BOC CRIMINAL LAW 1
(5) When there are no eyewitnesses to the crime,
and when suspicion is likely to fall upon a
number of persons.
(6) When the evidence on the commission of the
crime is purely circumstantial.
Lack of motive can aid in achieving acquittal
of the accused, especially where there is
doubt as to the identity of the accused.
[People v. Hassan (1988)]
Proof of motive is not indispensable for a
conviction, particularly where the accused is
positively identified by an eyewitness and his
participation is adequately established.
[People v. Delos Santos]
(7) When the act is alleged to be committed in
defense of a stranger because it must not be
induced by revenge, resentment, or other evil
motive.
Note: Discernment does not indicate the
presence of intent, merely intelligence [People v.
Cordova (1993)]. Thus, discernment is necessary
whether the crime is dolo or culpa.
WRONGFUL ACT DIFFERENT FROM
THAT INTENDED
Art. 4, RPC. Criminal liability shall be incurred:
By any person committing a felony (delito)
although the wrongful act done be different from
that which he intended. xxx xxx xxx
When a person commits a felony with malice, he
intends the consequences of his felonious act.
One who commits an intentional felony is
responsible for all the consequences which may
naturally and logically result therefrom, whether
foreseen or intended or not.
One is not relieved from criminal liability for the
natural consequences of ones illegal acts, merely
because one does not intend to produce such
consequences. [US v. Brobst (1909)]
Rationale El que es causa de la causa es causa
del mal causado (he who is the cause of the cause
is the cause of the evil caused).
REQUISITES
(1) An intentional felony has been committed.
PAGE 13
CRIMINAL LAW
(a) The felony committed should be one
committed by means of dolo (with malice)
because Art. 4, Par. 1 speaks of wrongful
act done different from that which he
intended.
(b) The act should not be punished by a special
law because the offender violating a special
law may not have the intent to do an injury
to another.
(c) No felony is committed when:
(i) The act or omission is not punishable by
the RPC,
(ii) The act is covered by any of the justifying
circumstances enumerated in Art. 11.
(2) The wrong done to the aggrieved party be the
direct, natural and logical consequence of the
felony committed by the offender.
The relation of cause and effect must be
shown:
(1) Unlawful act is the efficient cause
(2) Accelerating cause
(3) Proximate cause
Proximate Cause That cause, which, in a natural
and continuous sequence, unbroken by any
efficient intervening cause, produces the injury
without which the result would not have
occurred.
The proximate legal cause is that acting first and
producing the injury, either immediately or by
setting other events in motion, all constituting a
natural and continuous chain of events, each
having a close causal connection with its
immediate predecessor, the final event in the
chain immediately effecting the injury as a
natural and probable result of the cause which
first acted, under such circumstances that the
person responsible for the first event should, as
an ordinary prudent and intelligent person, have
reasonable ground to expect at the moment of
his act or default that an injury to some person
might probably result therefrom. [Vda. De
Bataclan v. Medina (1957)]
Note: Criminal liability exists from the
concurrence of the mens rea and the actus reus.
UP LAW BOC CRIMINAL LAW 1
Criminal liability for some felonies arises only
upon a specific resulting harm:
(1) Homicide and its qualified forms requires
DEATH of the victim to be consummated.
(2) Estafa requires that the victim incur damage
for criminal liability for the consummated
felony to arise.
General rule: The offender is CRIMINALLY LIABLE
for ALL the natural and logical consequences of
his felonious act, although not intended, if the
felonious act is the proximate cause of the
resulting harm.
Any person who creates in another persons mind
an immediate sense of danger which causes the
latter to do something resulting in the latters
injuries, is liable for the resulting injuries. [People
v. Page citing People v. Toling]
Thus, the person is still criminally liable although
the wrongful act done be different from that which
he intended in the following cases:
(1) Error in personae mistake in the identity of
the victim; injuring one person mistaken for
another (Art. 49 penalty for lesser crime in
its maximum period)
(a) At least two subjects
(b) A has intent to kill B, but kills C
(c) Under Art. 3, if A hits C, he should have no
criminal liability. But because of Art. 4, his
act is a felony.
(2) Aberratio ictus Mistake in the blow; when
offender intending to do an injury to one
person actually inflicts it on another (Art. 48
on complex crimes penalty for graver
offense in its maximum period)
(a) There is only one subject.
(b) The intended subject is a different subject,
but the felony is still the same.
(3) Praeter intentionem Injurious result is greater
than that intended (Art. 13 mitigating
circumstance)
If As act constitutes sufficient means to carry
out the graver felony, he cannot claim praeter
intentionem.
PAGE 14
CRIMINAL LAW
When death is presumed to be the natural
consequence of physical injuries inflicted
(1) That the victim at the time the physical injuries
were inflicted was in normal health.
(2) That death may be expected from the physical
injuries inflicted; and
(3) That death ensued within a reasonable time.
[People v. Datu Baginda]
PROXIMATE CAUSE V. IMMEDIATE
CAUSE V. REMOTE CAUSE
Proximate cause See definition above.
Immediate cause The last event in a chain of
events, though not necessarily the proximate
cause of what follows.
Remote cause A cause that does not necessarily
or immediately produce an event or injury.
The felony committed is not the proximate cause
of the resulting injury when:
(1) There is an efficient intervening cause or an
active force that intervened between the felony
committed and the resulting injury, and the
active force is a distinct act or fact absolutely
foreign from the felonious act of the accused;
or
(2) The resulting injury is due to the intentional act
of the victim.
The following are not efficient intervening cause:
(1) The weak or diseased physical condition of the
victim, as when one is suffering from
tuberculosis or heart disease. [People v.
Illustre]
(2) The nervousness or temperament of the
victim, as when a person dies in consequence
of an internal hemorrhage brought on by
moving about against the doctors orders,
because of his nervous condition due to the
wound inflicted by the accused. [People v.
Almonte]
(3) Causes which are inherent in the victim, such
as (a) the victim not knowing how to swim and
(b) the victim being addicted to tuba drinking.
[People v. Buhay and People v. Valdez]
(4) Neglect of the victim or third person, such as
the refusal by the injured party of medical
attendance or surgical operation, or the failure
of the doctor to give anti-tetanus injection to
the injured person. [U.S. v. Marasigan]
UP LAW BOC CRIMINAL LAW 1
(5) Erroneous or unskillful medical or surgical
treatment, as when the assault took place in
an outlying barrio where proper modern
surgical service was not available. [People v.
Moldes]
OMISSION
Omission It is inaction, the failure to perform a
positive duty which a person is bound to do.
There must be a law requiring the doing or
performing of an act.
PUNISHABLE OMISSIONS IN THE RPC
(1) Art. 116: Misprision of treason.
(2) Art. 137: Disloyalty of public officers or
employees.
(3) Art. 208: Negligence and tolerance in
prosecution of offenses.
(4) Art. 223: Conniving with or consenting to
evasion.
(5) Art. 275: Abandonment of person in danger
and abandonment of ones own victim.
(6) Art. 276: Abandoning a minor
Mistake of Fact (Ignorantia Facti Excusat) It is a
reasonable misapprehension of fact on the part
of the person causing injury to another. Such
person is NOT criminally liable as he acted
without criminal intent.
Under this principle, what is involved is the lack
of intent on the part of the accused. Therefore,
the defense of mistake of fact is an untenable
defense in culpable felonies, where there is no
intent to consider.
An honest mistake of fact destroys the
presumption of criminal intent which arises
upon the commission of a felonious act.
REQUISITES
(a) That the act done would have been lawful had
the facts been as the accused believed them
to be;
(b) That the intention of the accused in
performing the act should be lawful;
(c) That the mistake must be without fault or
carelessness on the part of the accused. When
the accused is negligent, mistake of fact is not
a defense. [People v. Oanis (1993)]
However, mistake of fact is NOT availing in
People v. Oanis (74 Phil. 257), because the
PAGE 15
CRIMINAL LAW
police officers were at fault when they shot
the escaped convict who was sleeping,
without first ascertaining his identity. (It is
only when the fugitive is determined to fight
the officers of law trying to catch him that
killing the former would be justified)
US v. Ah Chong (1910)
A cook who stabs his roommate in the dark,
honestly mistaking the latter to be a robber
responsible for a series of break-ins in the area,
and after crying out sufficient warnings and
believing himself to be under attack, cannot be
held criminally liable for homicide.
(1) Would the stabbing be lawful if the facts were
really what the houseboy believed? Yes. If it
was really the robber and not the roommate
then the houseboy was justified.
(2) Was the houseboys intention lawful? Yes. He
was acting out of self-preservation.
(3) Was the houseboy without fault or negligence?
Yes. His deliberate intent to defend himself
with the knife can be determined by the fact
that he cried out sufficient warnings prior to
the act.
Stabbing the victim whom the accused believed
to be an intruder showed a mistake of fact on his
part which led him to take the facts as they
appear to him and was pressed to take
immediate action.
CULPA
Culpa The act or omission is not malicious; the
injury caused being simply the incident of another
act performed without malice.
The element of criminal intent is replaced by
negligence, imprudence, lack of foresight or lack
of skill.
REQUISITES
(1) Freedom
(2) Intelligence
(3) Negligence, reckless imprudence, lack of
foresight or lack of skill
IS CULPA MERELY A MODE OF COMMITTING
A CRIME OR A CRIME IN ITSELF?
UP LAW BOC CRIMINAL LAW 1
As a MODE
Under Art. 3, it is clear that culpa is just a
modality by which a felony may be committed.
Act of Dolo OR Act of Culpa
INTENTIONAL CRIMINAL
NEGLIGENCE
(ART 365)
FELONIES
People v. Faller (1939)
It was stated indirectly that criminal negligence
or culpa is just a mode of incurring criminal
liability.
In this case, the accused was charged with
malicious mischief.
Malicious mischief is an intentional negligence
under Article 327. Thus, there is no malicious
mischief through simple negligence or reckless
imprudence because it requires deliberateness.
The Supreme Court pointed out that although
the allegation in the information charged the
accused with an intentional felony, yet the words
feloniously and unlawfully, which are standard
languages in an information, covers not only dolo
but also culpa because culpa is just a mode of
committing a felony.
As a CRIME
In Art. 365, criminal negligence is an omission
which the article specifically penalizes.
The concept of criminal negligence is the
inexcusable lack of precaution on the part of the
person performing or failing to perform an act.
Art. 365 creates a distinction between
imprudence and negligence; simple or reckless,
one might think that criminal negligence is the
one being punished.
People v. Buan (1968)
PAGE 16
CRIMINAL LAW
The accused was driving a passenger bus.
Allegedly because of his recklessness, the bus
collided with a jeep injuring the passengers of the
latter.
A case was filed against the accused for slight
physical injuries through reckless imprudence for
which he was tried and acquitted.
Prior to his acquittal, a case for serious physical
injuries and damage to property through reckless
imprudence was filed.
Accused claimed that he was placed twice in
jeopardy.
Held: The second case must be dismissed.
Once convicted or acquitted of a specific act of
reckless imprudence, the accused may not be
prosecuted again for the same act.
For the essence of the quasi-offense under Art.
365 of the RPC lies in the execution of an
imprudent act which would be punishable as a
felony.
The law penalizes the negligent act and not the
result.
The gravity of the consequences is only taken
into account to determine the penalty. It does
not qualify the substance of the offense.
As the careless act is single, whether the injurious
result should affect one person or several
persons, the offense remains one and the same,
and cannot be split into different crimes and
prosecutions.
Negligence Indicates deficiency of perception,
failure to pay proper attention, and to use
diligence in foreseeing the injury or damage
impending to be caused. Usually involves lack of
foresight.
Imprudence Indicates deficiency of action,
failure to take the necessary precaution to avoid
injury to person or damage to property. Usually
involves lack of skill.
Reason for punishing acts of negligence or
imprudence: A man must use his common sense
and exercise due reflection in all his acts; it is his
duty to be cautious, careful and prudent.
UP LAW BOC CRIMINAL LAW 1
DOCTRINES CONCERNING CULPABLE
CRIMES
EMERGENCY RULE
A person who is confronted with a sudden
emergency may be left no time for thought so
he must make a speedy decision based largely
upon impulse or instinct.
Importance: cannot be held to the same
conduct as one who has had an opportunity to
reflect, even though it later appears that he
made the wrong decision.
DOCTRINE OF LAST CLEAR CHANCE
The contributory negligence of the party injured
will NOT defeat the action if it be shown that
the accused might, by the exercise of
reasonable care and prudence, have avoided
the consequences of the negligence of the
injured party.
Last Clear Chance is a defense by the
defendant in a damage suit against liability by
transferring it to the plaintiff.
Except: The doctrine is not applicable in
criminal cases because the liability is penal in
nature and thus liability cannot be transferred
to the other party. [Anuran v. Buno (1966)]
It is not a case between two parties involved in
an incident but rather between an individual
and the State.
RULE OF NEGATIVE INGREDIENT
This is related to the doctrine of proximate cause
and applicable when certain causes leading to
the result are not identifiable.
This rule states that:
(1) The prosecution must first identify what the
accused failed to do.
(2) Once this is done, the burden of evidence
shifts to the accused.
(3) The accused must show that the failure did
not set in motion the chain of events leading
to the injury [Carillo v. People].
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CRIMINAL LAW
IMPOSSIBLE CRIME
PURPOSE OF PUNISHING IMPOSSIBLE
CRIMES
To suppress criminal propensity or criminal
tendencies. Objectively, the offender has not
committed a felony, but subjectively, he is a
criminal.
REQUISITES
(1) That the act performed would be an offense
against persons or property.
(2) That the act was done with evil intent.
(3) That its accomplishment is inherently
impossible, or that the means employed is
either inadequate or ineffectual.
(4) That the act performed should not constitute a
violation of another provision of the RPC
Inadequate Insufficient (e.g. small quantity of
poison)
Ineffectual Means employed did not produce
the result expected (e.g. pressed the trigger of
the gun not knowing that it is empty)
INHERENT IMPOSSIBILITY
The act intended by the offender is by its nature
one of impossible accomplishment.
There must be either:
(1) Legal impossibility The intended acts, even if
completed, would not amount to a crime.
Legal impossibility would apply to those
circumstances where:
(a) The motive, desire and expectation is to
perform an act in violation of the law;
(b) There is intention to perform the physical
act;
(c) There is a performance of the intended
physical act; and
(d) The consequence resulting from the
intended act does not amount to a crime.
[Intod v. CA]
(2) Physical or factual impossibility Extraneous
circumstances unknown to the actor or
beyond his control to prevent the
consummation of the intended crime.
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

In the Philippines, impossibility of

accomplishing the criminal intent is not merely
a defense but an act penalized in itself.
Since the offender in an impossible crime has
already performed the acts for the execution of
the same, there could be no attempted
impossible crime. There is no frustrated
impossible crime either, because the acts
performed by the offender are considered as
constituting a consummated offense.
MODIFIED CONCEPT OF IMPOSSIBLE
CRIME
Intod v. CA
In this case, four culprits, all armed with firearms
and with intent to kill, went to the intended
victims house and after having pinpointed the
latters bedroom, all four fired at and riddled the
said room with bullets, thinking that the intended
victim was already there as it was about 10:00 in
the evening.
It so happened that the intended victim did not
come home that evening and so was not in her
bedroom at that time.
Eventually the culprits were prosecuted and
convicted by the trial court for attempted murder.
As a result, petitioner-accused was sentenced to
imprisonment of only six months of arresto mayor
for the felonious act he committed with intent to
kill: this despite the destruction done to the
intended victims house.
STAGES OF EXECUTION
CLASSIFICATION
Under Art. 6, RPC:
(1) Consummated Felony When all the elements
necessary for its execution and
accomplishment are present; the felony is
produced.
(2) Frustrated Felony When the offender
performs all the acts of execution which would
produce the felony as a consequence but
which, nevertheless, do not produce it by
reason of causes independent of the will of the
perpetrator.
(3) Attempted Felony When the offender
commences the commission of a felony directly
by overt acts, and does not perform all the acts
of execution which should produce the felony
by reason of some cause or accident other than
his own spontaneous desistance.

CA affirmed the judgment but the SC modified

the same and held the petitioner liable only for

DEVELOPMENT OF A CRIME
Elements of
Impossible Crime Attempted Frustrated Consummated
Criminal Liability
Lacking due to:
Inherent Intervention other than own
Actus reus impossibility desistance; some but not all acts
Employment of of execution
inadequate means
Mens rea
Concurrence
Result
Causation

the so-called impossible crime.

PAGE 18
UP LAW BOC CRIMINAL LAW 1
DEVELOPMENT OF A CRIME
INTERNAL ACTS
Intent, ideas and plans; generally not
punishable, even if, had they been carried out,
they would constitute a crime
The intention and act must concur.
Illustration: Ernie plans to kill Bert
EXTERNAL ACTS
PREPARATORY ACTS
Acts tending toward the crime.
Ordinarily not punished except when
considered by law as independent crimes (i.e.
Art. 304 possession of picklocks)
Proposal and conspiracy to commit a felony are
not punishable except when the law provides
for their punishment in certain felonies.
These acts do not yet constitute even the first
stage of the acts of execution.
Intent not yet disclosed.
Illustration: Ernie goes to the kitchen to get a
knife.
ACTS OF EXECUTION
Usually overt acts with a logical relation to a
particular concrete offense.
Punishable under the RPC.
Illustration: Ernie stabs Bert
A commission of the felony is deemed
commenced when the following are present:
(1) There are external acts.
(2) Such external acts have a direct connection
with the crime intended to be committed.
Indeterminate offense
It is one where the purpose of the offender in
performing an act is not certain. Its nature in
relation to its objective is ambiguous. The
intention of the accused must be viewed from the
nature of the acts executed by him, and not from
his admission. The accused may be convicted of a
felony defined by the acts performed by him up to
the time of desistance.
People v. Lamahong (1935)
Aurelio Lamahang was caught opening with an
iron bar a wall of a store of cheap goods in
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CRIMINAL LAW
Fuentes St. Iloilo. He broke one board and was
unfastening another when a patrolling police
caught him. The owners of the store were
sleeping inside store as it was early dawn.
Lamahang was then convicted of
attempted robbery
Held: The crime committed was only attempted
trespass to dwelling. Attempt should have logical
relation to a particular and concrete offense
which would lead directly to consummation. It is
necessary to establish an unavoidable connection
& logical & natural relation of cause and effect.
Its also important to show clear intent to commit
crime. In the case at bar, we can only infer that
his intent was to enter by force, other inferences
are not justified by facts. Groizard: infer only from
nature of acts executed. Acts susceptible of
double interpretation cant furnish ground for
themselves. The mind should not directly infer
intent.
ATTEMPTED AND FRUSTRATED
FELONIES
The difference between the attempted stage and
the frustrated stage lies in whether the offender
has performed all the acts of execution for the
accomplishment of a felony.
ATTEMPTED STAGE
Elements
(1) The offender commences the commission of
the felony directly by overt acts;
(2) He does not perform all the acts of execution
which should produce the felony;
(3) The non-performance of all acts of execution
was due to cause or accident other than his
own spontaneous desistance.
Overt Act Some physical activity or deed,
indicating the intention to commit a particular
crime, more than a mere planning or preparation,
which if carried to its complete termination
following its natural course, without being
frustrated by external obstacles nor by the
voluntary desistance of the perpetrator, will
logically and necessarily ripen into a concrete
offense.
Marks the commencement of the subjective
phase:
UP LAW BOC CRIMINAL LAW 1
Subjective phase - That portion of the acts
constituting a crime, starting from the point
where the offender begins the commission of
the crime to that point where he still has control
over his acts including their (acts) natural
course
If between those two points, the offender is
stopped by reason of any cause outside of his
own voluntary desistance, the subjective phase
has not been passed and it is merely an
attempt.
Desistance is an absolutory cause which
negates criminal liability because the law
encourages a person to desist from committing
a crime.
But, it does not negate all criminal liability, if
the desistance was made when acts done by
him already resulted in a felony, the offender will
still be criminally liable for the felony brought
about by his act.
What is negated is only the attempted stage,
but there may be other felonies arising from his
act.
Note: Desistance is true only in the attempted
stage of the felony.
If the felony is already in its frustrated stage,
desistance will NOT negate criminal liability.
In the attempted stage, the definition uses the
word directly.
The word directly emphasizes the
requirement that the attempted felony is that
which is directly linked to the overt act
performed by the offender, not the felony he
has in his mind.
There are some acts which are ingredients of a
certain crime, but which are, by themselves,
already criminal offenses like in the case of
People v. Lamahang (1935) where the act of
removing the panel indicates only at most the
intention to enter, he can only be prosecuted
for trespass and not robbery.
People v. Campuhan (2000)
The mother of the 4-year-old victim caught the
houseboy Campuhan in the act of almost raping
her daughter.
The hymen of the victim was still intact. However,
since it was decided in People v. Orita that entry
into labia is considered rape even without rupture
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CRIMINAL LAW
and full penetration of the hymen, a question
arises whether what transpired was attempted or
consummated rape.
Held:
There was only attempted rape.
Mere touching of external genitalia by the penis
is already rape.
Touching should be understood as inherently
part of entry of penis penetration and not mere
touching, in the ordinary sense, of the
pudendum.
Requires entry into the labia, even if there be no
rupture of the hymen or laceration of the
vagina, to warrant a conviction for
consummated rape.
Where entry into the labia has not been
established, the crime amounts to an
attempted rape.
The prosecution did not prove that Campuhans
penis was able to penetrate victims vagina
because the kneeling position of the accused
obstructed the mothers view of the alleged
sexual contact. The testimony of the victim
herself claimed that penis grazed but did not
penetrate her organ.
There was only a shelling of the castle but no
bombardment of the drawbridge yet.
FRUSTRATED STAGE
Elements
(1) The offender performs all the acts of
execution;
(2) All the acts performed would produce the
felony as a consequence;
(3) But the felony is not produced;
(4) By reason of causes independent of the will of
the perpetrator.
The end of the subjective phase and the
beginning of the objective phase.
Objective phase The result of the acts of
execution, that is, the accomplishment of the
crime.
If the subjective and objective phases have
been passed there is a consummated felony.
People v. Listerio (2000)
Brothers Jeonito and Marlon were walking when
they met a group composed of men who blocked
UP LAW BOC CRIMINAL LAW 1
their path and attacked them with lead pipes and
bladed weapons. One stabbed Jeonito from
behind. Jeonitos brother, Marlon, was hit on the
head.
Held:
The SC held that the crime is a frustrated felony
not an attempted offense considering that after
being stabbed and clubbed twice in the head
as a result of which he lost consciousness and
fell. Marlon's attackers apparently thought he
was already dead and fled.
A crime cannot be held to be attempted unless
the offender, after beginning the commission of
the crime by overt acts, is prevented, against his
will, by some outside cause from performing all
of the acts which should produce the crime.
In other words, to be an attempted crime, the
purpose of the offender must be thwarted by a
foreign force or agency which intervenes and
compels him to stop prior to the moment when
he has performed all of the acts which should
produce the crime as a consequence, which
acts it is his intention to perform.
If he has performed all the acts which should
result in the consummation of the crime and
voluntarily desists from proceeding further, it
cannot be an attempt.
Crimes which do not admit of frustrated stage
(1) Rape
The essence of the crime is carnal
knowledge.
No matter what the offender may do to
accomplish a penetration, if there was no
penetration yet, it cannot be said that the
offender has performed all the acts of
execution.
We can only say that the offender in rape
has performed all the acts of execution
when he has effected a penetration.
Once there is penetration, no matter how
slight it is, the offense is consummated. For
this reason, rape admits only of the
attempted and consummated stages, no
frustrated stage. [People v. Orita]
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CRIMINAL LAW
(2) Arson
One cannot say that the offender, in the
crime of arson, has already performed all
the acts of execution which could produce
the destruction of the premises through the
use of fire, unless a part of the premises has
begun to burn.
The crime of arson is therefore
consummated even if only a portion of the
wall or any part of the house is burned. The
consummation of the crime of arson does
not depend upon the extent of the damage
caused. [People v. Hernandez]
(3) Bribery and Corruption of Public Officers
The manner of committing the crime
requires the meeting of the minds between
the giver and the receiver.
If there is a meeting of the minds, there is
consummated bribery or consummated
corruption.
If there is none, it is only attempted.
(4) Adultery
This requires the sexual contact between
two participants.
If that link is present, the crime is
consummated.
(5) Physical Injuries
Under the Revised Penal Code, the crime of
physical injuries is penalized on the basis of
the gravity of the injuries.
There is no simple crime of physical injuries.
There is the need to categorize because
there are specific articles that apply whether
the physical injuries are serious, less serious
or slight.
Thus, one could not punish the attempted or
frustrated stage because one does not know
what degree of physical injury was
committed unless it is consummated.
(6) Theft
Once there is unlawful taking, theft is
consummated.
Either the thing was taken or not.
It does not matter how long the property
was in the possession of the accused; it does
not matter whether the property was
disposed or not
Rule of thumb: Felonies that do not require any
result do not have a frustrated stage.
UP LAW BOC
CONSUMMATED STAGE
If the subjective and objective phases are present.
Factors in Determining the Stage of Execution
of a Felony
(1) The manner of committing the crime;
(2) The elements of the crime; and
(3) The nature of the crime itself.
These three factors are helpful in trying to
pinpoint whether the crime is still in its
attempted, frustrated or consummated stage.
The Manner of Committing the Crime
(a) Formal Crimes consummated in one instant,
no attempt.
(i) Ex. Slander and false testimony
(ii) There can be no attempt, because between
the thought and the deed, there is no
chain of acts that can be severed.
(b) Crimes consummated by mere attempt or
proposal by overt act
Ex. Flight to enemys country (Art. 121) and
corruption of minors (Art. 340)
(c) Felony by omission
There can be no attempted stage when the felony
is by omission, because the offender does not
execute acts, he omits to perform an act which
the law requires him to do.
(d) Crimes requiring the intervention of two
persons to commit them are consummated by
mere agreement
In bribery, the manner of committing the crime
requires the meeting of the minds between the
giver and the receiver.
When the giver delivers the money to the
supposed receiver, but there is no meeting of the
minds, the only act done by the giver is an
attempt.
(e) Material Crimes Have three stages of
execution
Thus, in determining the stage of some crimes,
the manner of execution becomes pivotal in
determining the end of the subjective phase, i.e.
once the offender performs the act in the manner
provided for in the law, HE IS ALREADY DEEMED
CRIMINAL LAW 1 CRIMINAL LAW
TO HAVE PERFORMED EVERY ACT FOR ITS
EXECUTION.
The Elements of the Crime Along with the
manner of execution, there are crimes wherein
the existence of certain elements becomes the
factor in determining its consummation.
In the crime of estafa, the element of damage is
essential before the crime could be
consummated. If there is no damage, even if the
offender succeeded in carting away the personal
property involved, estafa cannot be considered as
consummated.
On the other hand, if it were a crime of theft,
damage or intent to cause damage is not an
element of theft.
What is necessary only is intent to gain, not even
gain is important.
In the crime of abduction, the crucial element is
the taking away of the woman with lewd designs.
The Nature of the Crime Itself In defining of the
frustrated stage of crimes involving the taking of
human life (parricide, homicide, and murder), it is
indispensable that the victim be mortally
wounded.
Hence, the general rule is that there must be a
fatal injury inflicted, because it is only then that
death will follow.
CONSPIRACY & PROPOSAL
CONSPIRACY
Exists when two or more persons come to an
agreement concerning the commission of a
felony and decide to commit it. [Art. 8, RPC]
Agreement may be oral or written, express or
implied.
REQUISITES OF CONSPIRACY
(1) Two or more persons come to an agreement.
Agreement presupposes meeting of the minds
of two or more persons
(2) The agreement pertains to a commission of a
felony. Agreement to effect what has been
conceived and determined.
(3) The execution of the felony was decided upon.
PAGE 22
UP LAW BOC CRIMINAL LAW 1
Note: There must be participation in the criminal
resolution because simple knowledge thereof by
a person may only make him liable as an
accomplice.
General rule: Conspiracy and proposal to commit
a felony are not punishable.
Exception: They are punishable only in the cases
in which the law specially provides a penalty
therefore, i.e.:
Conspiracy to commit:
(1) Treason [Art. 115]
(2) Rebellion [Art. 136]
(3) Insurrection [Art. 136]
(4) Coup dtat [Art. 136]
(5) Sedition [Art. 141]
(6) Monopolies and combinations in restraint of
trade, espionage [Art. 186]
(7) Illegal association [Art. 147]
(8) Highway Robbery [P.D. 532]
(9) Espionage [Sec. 3, C.A. 616]
(10) Selected acts under the Dangerous Drugs
Acts
(11) Arson
(12) Terrorism [R.A. 9372]
Proposal to commit:
(1) Treason [Art. 115]
(2) Coup d etat [Art. 136]
(3) Rebellion [Art. 136]
(4) Inducement not to answer summons, appear
or be sworn in Congress, etc. [Art. 150]
Rationale: Conspiracy and proposal to commit a
crime are only preparatory acts and the law
regards them as innocent or at least permissible
except in rare and exceptional cases.
CONSPIRACY AS A FELONY, DISTINGUISHED
FROM CONSPIRACY AS A MANNER OF
INCURRING CRIMINAL LIABILITY
As a felony, conspirators do not need to actually
commit treason, rebellion, insurrection, etc., it
being sufficient that two or more persons agree
and decide to commit it.
As a manner of incurring criminal liability, if they
commit treason, rebellion, etc., they will be
held liable for it, and the conspiracy which they
had before committing the crime is only a
PAGE 23
CRIMINAL LAW
manner of incurring criminal liability, not a
separate offense.
In conspiracy, the act of one is the act of all.
General rule: When the conspiracy is established,
all who participated therein, irrespective of the
quantity or quality of his participation is liable
equally, whether conspiracy is pre-planned or
instantaneous.
Exception: Unless one or some of the conspirators
committed some other crime which is not part of
the intended crime.
Exception to the Exception: When the act
constitutes a single indivisible offense.
PROPOSAL TO COMMIT A FELONY
When the person who has decided to commit a
felony proposes its execution to some other
person or persons. [Art. 8, RPC]
Examples:
(1) Proposal to commit treason (Art. 115) and
(2) Proposal to commit coup dtat, rebellion or
insurrection (Art. 136).
REQUISITES OF PROPOSAL
(1) That a person has decided to commit a felony;
and
(2) That he proposes its execution to some other
person or persons.
NO CRIMINAL PROPOSAL WHEN
(1) The person who proposes is not determined to
commit the felony;
(2) There is no decided, concrete and formal
proposal;
(3) It is not the execution of a felony that is
proposed.
Note: It is not necessary that the person to whom
the proposal is made agrees to commit treason or
rebellion.
Conspiracy must be established by positive and
conclusive evidence, not by conjectures or
speculations. [People v. Laurio (1991)]
Conspiracy is predominantly a state of mind as
it involves the meeting of the minds and intent
of the malefactors. Consequently, direct proof
UP LAW BOC CRIMINAL LAW 1
is not essential to establish it. [People v. Bello
(2004)]
To establish conspiracy, evidence of actual
cooperation rather than mere cognizance or
approval of an illegal act is required.
Conspiracy is never presumed; it must be
shown to exist as clearly and convincingly as
the commission of the crime itself.
Mere presence of a person at the scene of the
crime does not make him a conspirator for
conspiracy transcends companionship. [People
v. Comadre (2004)]
While it is mandatory to prove conspiracy by
competent evidence, direct proof is not
essential to show it it may be deduced from
the mode, method, and manner by which the
offense was perpetrated, or inferred from the
acts of the accused themselves when such acts
point to a joint purpose and design, concerted
action and community of interest. [People v.
Cenahonon (2007)]
Direct proof is not required, as conspiracy may
be proved by circumstantial evidence. It may be
established through the collective acts of the
accused before, during and after the
commission of a felony that all the accused
aimed at the same object, one performing one
part and the other performing another for the
attainment of the same objective; and that their
acts, though apparently independent, were in
fact concerted and cooperative, indicating
closeness of personal association, concerted
action and concurrence of sentiments. [People
v. Talaogan (2008)]
DOCTRINE OF IMPLIED CONSPIRACY
Conspiracy need not be direct but may be
inferred from the conduct of the parties, their
joint purpose, community of interest and in the
mode and manner of commission of the offense.
[People v. Pangilinan (2003)]
LEGAL EFFECTS OF IMPLIED CONSPIRACY
Not all those present at the crime scene will be
considered conspirators;
Only those who participated in the criminal acts
during the commission of the crime will be
considered co-conspirators;
Mere acquiescence to or approval of the
commission of the crime, without any act of
PAGE 24
CRIMINAL LAW
criminal participation, shall not render one
criminally liable as co-conspirator.
In the absence of any previous plan or
agreement to commit a crime, the criminal
responsibility arising from different acts
directed against one and the same person is
individual and not collective, and that each of
the participants is liable only for his own acts.
[People v. Bagano]
A conspiracy is possible even when participants
are not known to each other. When several
persons who do not know each other
simultaneously attack the victim, the act of one
is the act of all, regardless of the degree of
injury inflicted by any one of them. Everyone
will be liable for the consequences.
One who desisted is not criminally liable. As
pointed out earlier, desistance is true only in
the attempted stage. Before this stage, there is
only a preparatory stage. Conspiracy is only in
the preparatory stage.
In some exceptional situations, having
community of design with the principal does
not prevent a malefactor from being regarded
as an accomplice if his role in the perpetration
of the homicide or murder was, relatively
speaking, of a minor character. [People v.
Nierra]
DETERMINING WHETHER THERE IS AN
IMPLIED CONSPIRACY
In determining whether there is an implied
conspiracy, it must be based on:
(1) Overt acts done before, during, or after the
commission of the crime;
(2) Words, remarks or language used before,
during or after the commission of the crime
(a) They must be distinct from each other,
independent or separate.
(b) They must be closely associated, closely
related, closed linked, and coordinated.
(c) They must be for the common criminal
design, joint criminal interest, unity of
criminal purpose, or concerted action,
geared towards the attainment of the
felony.
DISTINCTIONS BETWEEN THE
LIABILITY OF A CONSPIRATOR & THAT
OF A MEMBER OF A BAND, WHERE
THE CRIME COMMITTED IS ROBBERY,
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

WHICH IS ATTENDED BY OTHER As a felony in itself As a basis for liability

CRIMES
obliterated and the proposal, THERE IS NO
(1) A conspirator is liable only for such other
ACT ITSELF IS CRIME TO BE PUNISHED.
crimes which could be foreseen and which are
PUNISHED.
the natural and logical consequences of the
conspiracy. Thus, if the conspiracy is only to QUANTUM OF QUANTUM OF PROOF:
rob the victim, rape is not a foreseeable PROOF: Conspiracy Reasonably inferred from
consequence. [People v. Castillo] as a crime must be the acts of the offenders
(2) A member of a band in a robbery cuadrilla, on established beyond when such acts disclose or
the other hand, is liable for all assaults, reasonable doubt show a common pursuit of
inclusive of rape and homicide, where he was the criminal objective.
present when these crimes were being [People v. Pinto]
committed but he did not attempt to prevent Illustration
the same. [Art. 296 (2), RPC]
(3) If both conspiracy to rob and cuadrilla are A, B, C, and D came Three persons plan to rob
present, both rules may apply, in this manner: to an agreement to a bank. For as long as the
(a) If a homicide was committed, the lookout is commit rebellion. conspirators merely
liable therefore under the conspiracy theory; Their agreement was entered the bank there is
(b) if a rape was committed and the lookout to bring about the no crime yet. But when
was present but did not try to prevent it, he rebellion on a certain one of them draws a gun
will be liable under the cuadrilla rule; and (c) if date. and disarms the security
the lookout was not present when the Even if none of guard, all of them shall be
homicide was committed, he will not be liable them has performed held liable, unless a co-
for the rape but he will still be liable for the the act of rebellion, conspirator was absent
homicide under the conspiracy theory. there is already from the scene of the
criminal liability crime or he showed up but
arising from the he tried to prevent the
TWO CONCEPTS OF CONSPIRACY conspiracy to commission of the crime.
As a felony in itself As a basis for liability commit the
rebellion.
Stage But if anyone of
Preparatory acts Executory acts them has committed
How incurred the overt act of
rebellion, the crime
Mere agreement Commission of overt act is no longer
Legal requirements conspiracy, but
rebellion itself.
The RPC must Participants acted in
This subsists even
specifically punish concert or simultaneously
though the other co-
the act of conspiring or IN ANY WAY which is
conspirators do not
(and proposing) indicative of a meeting of
know that one of
the minds towards a
them had already
common criminal goal or
done the act of
criminal objective.
rebellion.
Act of meeting together
not necessary as long as a
common objective can be
discerned from overt acts.
The act MUST NOT THE ACT MUST BE
BE ACCOMPLISHED, ACCOMPLISHED, if there
else the conspiracy is is only conspiracy or

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UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

MULTIPLE OFFENDERS
DIFFERENCES, RULES, EFFECTS
Recidivism/ Habituality/ Habitual
Quasi-Recidivism;
Reincindencia; Art. Reiteracion/ Delinquency;
Art. 160
14 (9) Repetition; Art. 14 (10) Art. 62 (5)
Sufficient that the
Specified:
offender has been
(1) Less serious or
previously convicted Necessary that the Before serving or
serious physical
by final judgment for offender shall have while serving
Crimes injuries
another crime served out his sentence, the
committed (2) Robbery
embraced in the sentence for the first offender commits a
(3) Theft
same title of the offense felony (NOT a crime)
(4) Estafa
Code on the date of
(5) Falsification
his trial
Period of time Before serving or Within 10 years from
the crimes are No period of time while serving his last
committed sentence release/conviction
The previous and
The second
Number of subsequent offenses
conviction for an Offender commits a Guilty the third time
crimes must NOT be
offense embraced in felony or oftener
committed embraced in the
the same title of RPC
same title of the RPC
Imposes the
If not offset by any maximum of the
mitigating Not always an penalty for the new An additional
Their effects circumstance, aggravating offense, and cannot penalty shall be
increase the penalty circumstance be offset by any imposed
only to the maximum mitigating
circumstance

RECIDIVISM Note: What is controlling is the time of trial, not

Basis: The greater perversity of the offender, as the time of commission of the crime. [Reyes, The
shown by his inclination to commit crimes. RPC]

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 the Revised Penal Code. [People
v. Lagarto (1991)]
REQUISITES
(1) Offender is on trial for an offense
(2) He was previously convicted by final judgment
of another crime
(3) Both the first and second offenses are
embraced in the same title of the RPC
(4) Offender is convicted of the new offense
MEANING OF AT THE TIME OF HIS TRIAL
FOR ONE CRIME
It is employed in its general sense.
It is meant to include everything that is done in
the course of the trial, from arraignment until
after sentence is announced by the judge in
open court.
In recidivism, it is sufficient that the succeeding
offense be committed after the commission of
the preceding offense provided that at the time
of his trial for the second offense, the accused
had already been convicted of the first offense.
If both offenses were committed on the same
date, they shall be considered as only one,

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UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

hence, they cannot be separately counted in Reiteracion Recidivism

order to constitute recidivism. Also, judgments
of conviction handed down on the same day As to the kind of offenses involved
shall be considered as only one conviction. The previous and Requires that the
To prove recidivism, it is necessary to allege the subsequent offenses offenses be included in
same in the information and to attach thereto must not be embraced the same title of the
certified copy of the sentences rendered in the same title of the Code.
against the accused. Code.
Recidivism must be taken into account no
As to frequency
matter how many years have intervened
between the first and second felonies. Not always an Always to be taken into
Even if the accused was granted a pardon for aggravating consideration in fixing
the first offense, but he commits another felony circumstance. the penalty to be
embraced in the same title of the Code, the first imposed upon the
conviction is still counted to make him a accused.
recidivist, since pardon does not obliterate the
fact of his prior conviction. QUASI-RECIDIVISM
Example of a recidivist is when the accused was Art. 160, RPC. Commission of another crime during
convicted previously of homicide and was now service of penalty imposed for another offense;
convicted of the crime of rape. Both are under
Penalty. Besides the provisions of Rule 5 of
Title Eight of Book Two of the RPC, Crimes Article 62, any person who shall commit a felony
against Persons. [RA 8353 also known as Anti- after having been convicted by final judgment,
Rape Law of 1997 reclassified rape as a crime before beginning to serve such sentence, or while
against persons] serving the same, shall be punished by the
maximum period of the penalty prescribed by law
HABITUALITY (REITERACION) for the new felony.
Basis: Same as recidivism
HABITUAL DELINQUENCY
REQUISITES
(1) Accused is on trial for an offense
REQUISITES
(2) He previously served sentence
(1) Offender had been convicted of any of the
(a) For another offense to which the law
crimes of serious or less serious physical
attaches an equal or greater penalty, OR
injuries, robbery, theft, estafa, or falsification
(b) For two or more crimes to which it attaches
(2) After that conviction or after serving his
lighter penalty than that for the new
sentence, he again committed, and, within 10
offense
years from his release or first conviction, he
(3) He is convicted of the new offense
was again convicted of any of the said crimes
for the second time
If the second offense or crime is punishable under
(3) After his conviction of, or after serving
a special law, it cannot be considered under
sentence for, the second offense, he again
reiteracion because Arts. 13, 14, and 15 of the RPC
committed, and, within 10 years from his last
are not applicable to special law crimes.
release or last conviction, he was again
convicted of any of said offenses, the third
Reiteracion Recidivism time or oftener. [Art. 62, RPC]
As to the first offense
PURPOSE OF THE LAW IN IMPOSING
It is necessary that the It is enough that a final ADDITIONAL PENALTY
offender shall have judgment has been To render more effective social defense and the
served out his sentence rendered in the first reformation of habitual delinquents [Reyes,
for the first offense. offense. quoting People v. Abuyen]

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UP LAW BOC CRIMINAL LAW 1
CONTINUING CRIMES
Continuing crime (continuous or continued) A
single crime, consisting of a series of acts but all
arising from one criminal resolution.
Cuello Calon explains the delito continuado in this
way: When the actor, there being unity of purpose
and of right violated, commits diverse acts, each
one of which, although of a delictual character,
merely constitutes a partial execution of a single
particular delict, such delictual acts is called
delito continuado.
Example: One who on several occasions steals
wheat deposited in a granary. Each abstraction
constitutes theft, but instead of imposing on the
culprit different penalties for each theft
committed, he is punished for only one hurto
continuado for the total sum or value abstracted.
Continuing offense A continuous, unlawful act
or series of acts set on foot by a single impulse
and operated by an unintermittent force, however
long a time it may occupy.
Although there is a series of acts, there is only
one crime committed. Hence, only one penalty
shall be imposed.
REQUISITES
(1) Multiplicity of acts.
(2) Unity of criminal purpose of intent.
(3) Unity of criminal offense violated.
Real or material
Continued crime
plurality
There is a series of acts performed by the
offender.
The different acts
Each act performed
constitute only one
constitutes a separate
crime because all of the
crime because each act
acts performed arise
is generated by a
from one criminal
criminal impulse
resolution.
People v. de Leon (1926)
A thief who took from a yard of a house two game
roosters belonging to two different persons was
ruled to have committed only one crime of theft,
because there is a unity of thought in the criminal
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CRIMINAL LAW
purpose of the offender. The accused was
animated by a single criminal impulse.
Held: A continued crime is not a complex crime.
The offender here does not perform a single act,
but a series of acts, and one offense is not a
necessary means for continuing the other. Hence,
the penalty is not to be imposed in its maximum
period.
A continued crime is different from a transitory
crime (moving crime.) in criminal procedure for
purposes of determining venue.
When a transitory crime is committed, the
criminal action may be instituted and tried in
the court of the municipality, city or province
wherein any of the essential ingredients thereof
took place.
While Article 48 speaks of a complex crime
where a single act constitutes two or more
grave or less grave offenses, those cases
involving a series of acts resulting in two or
more grave and less grave felonies, were
considered by the Supreme Court as a complex
crime when it is shown that the act is the
product of one single criminal impulse.
TIP: If confronted with a problem, the Supreme
Court has extended this class of complex crime
to those cases when the offender performed
not a single act but a series of acts as long as it
is the product of a single criminal impulse
People v. Garcia (1980)
The accused were convicts who were members
of a certain gang and they conspired to kill the
other gang.
Some of the accused killed their victims in one
place within the same penitentiary, some killed
the others in another place within the same
penitentiary.
The Supreme Court ruled that all accused
should be punished under one information
because they acted in conspiracy.
The act of one is the act of all.
Because there were several victims killed and
some were mortally wounded, the accused
should be held for the complex crime of
multiple homicide with multiple frustrated
homicide.
UP LAW BOC CRIMINAL LAW 1
There is a complex crime not only when there is
a single act but a series of acts.
It is correct that when the offender acted in
conspiracy, this crime is considered as one and
prosecuted under one information.
Although in this case, the offenders did not only
kill one person but killed different persons, the
Supreme Court considered this as complex.
Whenever the Supreme Court concludes that the
criminals should be punished only once, because
they acted in conspiracy or under the same
criminal impulse:
(1) It is necessary to embody these crimes under
one single information.
(2) It is necessary to consider them as complex
crimes even if the essence of the crime does
not fit the definition of Art 48, because there is
no other provision in the RPC.
APPLICATION OF THE CONCEPT OF
THE CONTINUED CRIME
Applying the concept of the continued crime, the
following cases have been treated as constituting
one crime only:
(1) People v. Tumlos, (1939): The theft of 13 cows
belonging to two different persons committed
by the accused at the same place and period
of time;
(2) People v. Jaranilla, (1974): The theft of six
roosters belonging to two different owners
from the same coop and at the same period of
time;
(3) People v. Sabbun, (1964): The illegal charging
of fees for service rendered by a lawyer every
time he collected veterans benefits on behalf
of a client who agreed that attorneys fees
shall be paid out of such benefits. The
collections of legal fees were impelled by the
same motive, that of collecting fees for
services rendered, and all acts of collection
were made under the same criminal impulse.
The Supreme Court declined to apply the concept
in the following cases:
(1) People v. Dichupa, (1961): Two estafa cases,
one which was committed during the period
from January 19 to December, 1955 and the
other from January 1956 to July 1956. Said
acts were committed on two different
occasions;
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CRIMINAL LAW
(2) People v. CIV: Several malversations
committed in May, June and July 1936 and
falsifications to conceal said offenses
committed in August and October, 1936. The
malversations and falsifications were not the
result of one resolution to embezzle and
falsify.
APPLICATION IN THEFT CASES
The trend is to follow the single larceny doctrine:
(a) Taking of several things,
(b) Whether belonging to the same or different
owners,
(c) At the same time and place, constitutes one
larceny only.
Abandoned is the doctrine that the government
has the discretion to prosecute the accused for
one offense or for as many distinct offenses as
there are victims.
Note: The concept of delito continuado has been
applied to crimes under special laws since in Art.
10, the RPC shall be supplementary to special
laws, unless the latter provides the contrary.
COMPLEX CRIMES & SPECIAL
COMPLEX CRIMES
PLURALITY OF CRIMES
(Concursu de delitos)
(1) Consists of the successive execution
(2) by the same individual
(3) of different criminal acts
(4) for any of which no conviction has yet been
declared.
PHILOSOPHY BEHIND PLURAL
CRIMES
Through the concept of plural crimes, several
crimes are treated as one. The purpose of this is
to allow leniency towards the offender, who,
instead of being made to suffer distinct penalties
for every resulting crime, is made to suffer one
penalty only, although it is the penalty for the
most serious one and is imposed in its maximum
period.
Note: If by complexing the crime, the penalty
would turn out to be higher, do not complex
anymore.
UP LAW BOC CRIMINAL LAW 1
Plurality of crimes Recidivism
There must be
There is no conviction
conviction by final
for any of the crimes
judgment of the first or
committed.
prior offense.
A complex crime is not just a matter of penalty,
but of substance under the Revised Penal Code.
KINDS OF PLURALITY OF CRIMES
REAL OR MATERIAL PLURALITY
(1) There are different crimes in law as well as in
the conscience of the offender.
(2) In such cases, the offender shall be punished
for each and every offense that he committed.
FORMAL OR IDEAL PLURALITY
(1) There is but one criminal liability in this kind of
plurality.
(2) Divided into 3 groups:
(a) Complex Crimes - When the offender
commits either of the complex crimes
defined in Art. 48 of the Code.
(b) Special Complex Crimes - When the law
specifically fixes a single penalty for 2 or
more offenses committed.
(c) Continuing and Continued Crimes - A single
crime consisting of a series of acts but all
arising from one criminal resolution.
COMPLEX CRIMES
Art. 48. Penalty for complex crimes. When a single
act constitutes two 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 to be
applied in its maximum period.
Art. 48 requires the commission of at least 2
crimes. But the two or more GRAVE or LESS
GRAVE felonies must be:
(a) The result of a single act, or
(b) An offense must be a necessary means for
committing the other.
NATURE OF COMPLEX CRIMES
Although two or more crimes are actually
committed, they constitute only one crime, in
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CRIMINAL LAW
the eyes of the law; and in the conscience of the
offender.
Even in the case where an offense is a
necessary means for committing the other, the
evil intent of the offender is only one. Hence,
there is only one penalty imposed for the
commission of a complex crime.
KINDS OF COMPLEX CRIMES
Compound crime (Delito Compuesto)
A single act results in two or more grave or less
grave felonies.
Requisites:
(1) That only a single act is performed by the
offender
(2) That the single acts produces:
(a) 2 or more grave felonies, or
(b) 1 or more grave and 1 or more less grave
felonies, or
(c) 2 or more less grave felonies.
Single Act Several Acts
Submachine gun
Throwing a hand
because of the number
grenade
of bullets released
A single bullet killing Firing of the revolver
two person twice in succession
Light felonies produced by the same act should
be treated and punished as separate offenses or
may be absorbed by the grave felony.
Illustration: When the crime is committed by force
or violence, slight physical injuries are absorbed.
Reason: the slight physical injuries are the
necessary consequence of the force or violence
inherent in the crime.
So that when an offender performed more than
one act, although similar, if they result in separate
crimes,
(a) There is no complex crime at all,
(b) Instead, the offender shall be prosecuted for
as many crimes as are committed under
separate information.
Compound crimes under Art. 48 is also
applicable to crimes through negligence. Thus, a
UP LAW BOC CRIMINAL LAW 1
municipal mayor who accidentally discharged his
revolver, killing a girl and injuring a boy was
found guilty of complex crime of homicide with
less serious physical injuries through reckless
imprudence. [People v. Castro]
Example of a compound crime:
The victim was killed while discharging his duty
as barangay captain to protect life and property
and enforce law and order in his barrio.
The crime is a complex crime of homicide with
assault upon a person in authority.
When in obedience to an order several accused
simultaneously shot many persons, without
evidence how many each killed, there is only a
single offense, there being a single criminal
impulse.
Complex crime proper (Delito Complejo)
An offense is a necessary means for committing
the other.
In complex crime, when the offender executes
various acts, he must have a single purpose.
But: When there are several acts performed, the
assumption is that each act is impelled by a
distinct criminal impulse, hence each will have
a separate penalty.
Requisites:
(1) That at least two offenses are committed
(2) That one or some of the offenses must be
necessary to commit the other
(3) That both or all the offenses must be punished
under the same statute.
Note: The phrase necessary means does not
mean indispensable means
No complex crime proper:
(1) Subsequent acts of intercourse, after forcible
abduction with rape, are separate acts of rape.
(2) Not complex crime when trespass to dwelling
is a direct means to commit a grave offense.
(3) No complex crime, when one offense is
committed to conceal the other.
(4) When the offender already had in his
possession the funds which he
misappropriated, the subsequent falsification
of a public or official document involving said
offense is a separate offense.
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CRIMINAL LAW
(5) No complex crime where one of the offenses is
penalized by a special law.
(6) There is no complex crime of rebellion with
murder, arson, robbery, or other common
crimes (People v. Hernandez; Enrile v. Salazar).
(7) In case of continuous crimes.
(8) When the other crime is an indispensable
element of the other offense.
GENERAL RULES IN COMPLEXING CRIMES
(1) When two crimes produced by a single act are
respectively within the exclusive jurisdiction of
two courts of different jurisdiction, the court of
higher jurisdiction shall try the complex crime.
(2) The penalty for complex crime is the penalty
for the most serious crime, the same to be
applied in its maximum period.
(3) When two felonies constituting a complex
crime are punishable by imprisonment and
fine, respectively, only the penalty of
imprisonment should be imposed.
(4) Art. 48 applies only to cases where the Code
does not provide a definite specific penalty for
a complex crime.
(5) One information should be filed when a
complex crime is committed.
(6) When a complex crime is charged and one
offense is not proven, the accused can be
convicted of the other.
WHEN RULES IN ART. 48 NOT APPLICABLE
(1) When the crimes subject of the case have
common elements;
(2) When the crimes involved are subject to the
rule of absorption of one crime by the other;
(3) Where the two offenses resulting from a single
act are specifically punished as a single crime,
such as less serious physical injuries with
serious slander of deed, since this is punished
under Article 265 par. 2, as the single crime of
less serious physical injuries with ignominy;
(4) In special complex crimes or composite
crimes;
(5) When the crimes involved cannot be legally
complexed
SPECIAL COMPLEX/COMPOSITE CRIMES
The substance is made up of more than one
crime but which in the eyes of the law is only
(1) A single indivisible offense.
UP LAW BOC CRIMINAL LAW 1
(2) All those acts done in pursuance of the crime
agreed upon are acts which constitute a single
crime.
Special complex crimes:
(1) Robbery with Homicide (Art. 294 (1))
(2) Robbery with Rape (Art. 294 (2))
(3) Robbery with Arson
(4) Kidnapping with serious physical injuries (Art.
267 (3))
(5) Kidnapping with rape
(6) Rape with Homicide (Art. 335)
(7) Arson with homicide
WHEN CRIMES INVOLVED CANNOT BE
LEGALLY COMPLEXED
(1) Malicious obtention or abusive service of
search warrant (Art. 129) with perjury;
(2) Bribery (Art. 210) with infidelity in the custody
of prisoners;
(3) Maltreatment of prisoners (Art. 235) with
serious physical injuries;
(4) Usurpation of real rights (Art. 312) with serious
physical injuries; and
(5) Abandonment of persons in danger (Art. 275)
and crimes against minors (Art. 276 to 278)
with any other felony.
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CRIMINAL LAW
Circumstances Affecting
Criminal Liability
Imputability is the quality by which an act may
be ascribed to a person as its author or owner. It
implies that the act committed has been freely
and consciously done and may, therefore, be put
down to the doer as his very own
Responsibility is the obligation of suffering the
consequences of crime. It is the obligation of
taking the penal and civil consequences of the
crime.
Imputability distinguished from responsibility
while imputability implies that a deed may be
imputed to a person, responsibility implies that
the person must take the consequences of such a
deed.
Guilt is an element of responsibility, for a man
cannot be made to answer for the consequences
of a crime unless he is guilty. [Reyes, The RPC]
JUSTIFYING CIRCUMSTANCES
(1) Self defense
(2) Defense of relatives
(3) Defense of strangers
(4) Avoidance of a greater evil
(5) Fulfillment of duty
(6) Obedience to an order issued for some lawful
purpose.
Justifying Circumstances Those where the act of
a person is said to be in accordance with law, so
that such person is deemed not to have
transgressed the law and is free from both
criminal and civil liability. There is no civil liability
except in par. 4, Art. 11, where the civil liability is
borne by the persons benefited by the act.
Basis: Lack of criminal intent
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

Justifying Exempting Mitigating Aggravating Alternative

THERE IS A THERE IS A THERE IS A THERE IS A
NO WRONG
WRONG FELONY FELONY FELONY
Decreased criminal Increased criminal Increased or
No criminal liability No criminal liability
liability liability decreased liability
No civil liability With civil liability
Except: State of Except: Accident; With civil liability With civil liability With civil liability
necessity Insuperable cause
THERE IS A THERE IS A THERE IS A THERE IS A
NO WRONG
WRONG FELONY FELONY FELONY
ELEMENTS:
An affirmative defense, hence, the burden of (a) Unlawful aggression
proof rests on the accused who must prove the (b) Reasonable necessity of means employed to
circumstance by clear and convincing evidence. prevent or repel it.
There is NO crime committed, the act being (c) Lack of sufficient provocation on the part of
justified. Thus, such persons cannot be the person defending himself.
considered criminals.
Unlawful aggression
PAR. 1: SELF DEFENSE Equivalent to an actual physical assault; OR
Includes not only the defense of the person or threatened assault of an immediate and
body of the one assaulted but also that of his imminent kind which is offensive and positively
rights, the enjoyment of which is protected by strong, showing the wrongful intent to cause
law. It includes: harm.
(a) The defense of honor. Hence, a slap on the The aggression must constitute a violation of
face is considered as unlawful aggression the law. When the aggression ceased to exist,
since the face represents a person and his there is no longer a necessity to defend ones
dignity. [Rugas vs. People] self. EXCEPT: when the aggressor retreats to
(b) The defense of property rights can be obtain a more advantageous position to ensure
invoked if there is an attack upon the the success of the initial attack, unlawful
property although it is not coupled with an aggression is deemed to continue.
attack upon the person of the owner of the Must come from the person attacked by the
premises. All the elements for justification accused.
must however be present. [People v. Unlawful aggression must also be a continuing
Narvaez] circumstance or must have been existing at the
time the defense is made. Once the unlawful
SUBJECTS OF SELF-DEFENSE: aggression is found to have ceased, the one
(a) Defense of Person making the defense of a stranger would
(b) Defense of Rights likewise cease to have any justification for
(c) Defense of Property killing, or even just wounding, the former
(d) Defense of Honor aggressor. [People vs. Dijan (2002)]
Not merely oral threats or threatening stance
SELF-DEFENSE IS LAWFUL BECAUSE: or posture; Mere belief of an impending attack
(a) Impulse of self-preservation; is not sufficient. BUT in relation to mistake of
(b) State cannot provide protection for each of its fact, the belief of the accused may be
constituents. considered in determining the existence of
unlawful aggression
When intent to attack is manifest, picking up a
weapon is sufficient unlawful aggression

PAGE 33
UP LAW BOC CRIMINAL LAW 1
Lawful aggression In fulfilment of a duty or in
the exercise of a right.
Note: No unlawful aggression when there was an
agreement to fight and the challenge to fight was
accepted. BUT aggression which is ahead of an
agreed time or place is unlawful aggression.
Stand ground when in the right The law does
not require a person to retreat when his assailant
is rapidly advancing upon him with a deadly
weapon.
The reason for the rule is that when one flees
from an aggressor, he runs the risk of being
attacked in the back by the aggressor.
Reasonable necessity of means employed to
prevent or repel it
Involves two elements: necessity for the course of
action, and necessity of the means employed,
which should be reasonable
Test of reasonableness
The means employed depends upon:
(a) Nature and quality of the weapon used by the
aggressor
(b) Aggressors physical condition, character, size,
and other circumstances
(c) and those of the person defending himself
(d) the place and occasion of the assault.
This element should be interpreted liberally in
favour of the law-abiding citizen.
Perfect equality between the weapons used by
the one defending himself and that of the
aggressor is not required, neither is the material
commensurability between the means of attack
and defense. Rational equivalence is enough.
Reason: Because the person assaulted does not
have sufficient tranquility of mind to think and to
calculate.
Lack of sufficient provocation on part of
defender
In case there was a provocation on the part of
the person attacked, the attack should not
immediately precede the provocation for
defense to be valid.
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CRIMINAL LAW
Never confuse unlawful aggression with
provocation.
Mere provocation is not enough. It must be real
and imminent. Unlawful aggression is an
indispensable requisite.
If there is unlawful aggression but one of the
other requisites is lacking, it is considered an
incomplete self-defense which mitigates
liability.
Retreat of aggressor Aggression ceases, except
when retreat is made to take a more
advantageous position to insure the success of
the attack, unlawful aggression continues.
People v. Alconga, et al. (1947)
Barion went to the guardhouse where accused
Alconga was doing his duties as home guard.
While the accused was seated, the deceased
swung at him with his pingahan (piece of
bamboo). The accused was able to avoid the blow
however, by falling to the ground under the
bench, with the intention of crawling out of the
guardhouse. The accused was able to go out of
the guardhouse by crawling, and when the
deceased was delivering the third blow, the
accused (still in his crawling position), fired at the
deceased with his revolver. The deceased got up
and drew his dagger this time, while the accused
used his bolo and hand-to-hand fight
commenced.
The deceased obtained several wounds and ran
away, only to be followed by the accused, and
another fight happened. The deceased sustained
more injuries including the mortal bolo blow, and
he fell to the ground.
Held: In the initial stage of the fight, the accused
was acting in self-defense. However, when he
chose to run after the deceased, he was no longer
acting in self-defense for there was no more
aggression to defend against and he could have
chosen to stay where he was. The unlawful
aggression had already ceased and therefore, his
right to self-defense had ceased as well.
UP LAW BOC CRIMINAL LAW 1
Defense of honor
People v. Dela Cruz (1935)
Accused Dela Cruz was found guilty of homicide
for stabbing and killing Rivera. Dela Cruz claimed
that on her way home one evening, Rivera
followed her, embraced and kissed her and
touched her private parts. She didnt know that it
was Rivera and that she was unable to resist the
strength of Rivera so she got a knife from her
pocket and stabbed him in defense of her honor.
Held: She is justified in using the pocketknife in
repelling what she believed to be an attack upon
her honor. It was a dark night and she could not
have identified Rivera. There being no other
means of self-defense.
People v. Jaurigue (1946)
Amado (deceased) has been courting the accused
Avelina in vain. On the day of the crime, Avelina
and Amado were in Church. Amado sat beside
Avelina and placed his hand on her thigh.
Thereafter, Avelina took out her knife and
stabbed Amado in the neck, causing the death of
Amado.
Held: Although the defense of ones honor
exempts one from criminal liability, it must be
proved that there is actual danger of being raped.
In this case, 1) the church was well-lit, 2) there
were several people in the church, including the
father of the accused and other town officials. In
light of these circumstances, accused could not
have possibly been raped. The means employed
in defense of her honor was evidently excessive.
Defense of property
People v. Apolinar
This can only be invoked as justifying
circumstance if
(1) Life and limb of the person making the
defense is also the subject of unlawful
aggression
(2) Life cannot be equal to property.
People v. Narvaez (1983)
Narvaez was taking his rest inside his house when
he heard that the wall of his house was being
chiseled. He saw that Fleischer and Rubia, were
fencing the land of the father of the deceased
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CRIMINAL LAW
Fleischer. He asked the group to stop but they
refused. The accused got mad so he got his
shotgun and shot Fleischer. Rubia ran towards
the jeep and knowing there is a gun on the jeep,
the accused fired at Rubia as well. Narvaez
claimed he acted in defense of his person and
rights.
Held: There was aggression by the deceased not
on the person of the accused but on his property
rights when Fleischer angrily ordered the
continuance of the fencing. The third element of
self-defense is also present because there was no
sufficient provocation on the part of Narvaez
since he was sleeping when the deceased where
fencing.
However, the second element was lacking.
Shooting the victims from the window of his
house is disproportionate to the physical
aggression by the victims. Thus, there is
incomplete self-defense.
Defense of reputation
People v. Chua Hiong (1954)
Cesario Gocheco, a nephew of the accused wrote
an article entitled Doubtful Citizenship
assailing and questioning defendants
citizenship. In response to this defendant wrote a
column saying that Gocheco only wants
personal revenge and that this is the moving
passion in this drama of intrigues and
persecution to which I and my family have been
subjected. He further claims that Solipco, who
wrote him a threatening letter and gave him a
rope which implies that he should just hang
himself, is also the same Gocheco. Prior to this
series of events it is known upon the Court that
Gocheco and defendant had faced each other in a
civil case in which Gocheco lost 2/3 of important
inheritance to Chua Hiong. The defendant was
then charged with libel.
Held: Defendant is acquitted from charges of libel
by the justification of his action through defense
of reputation. If ones reputation had been
attacked by another he is justified to hit back with
another libel but only if such libel is adequate to
the first attack.
PAR. 2: DEFENSE OF RELATIVES
UP LAW BOC CRIMINAL LAW 1
ELEMENTS:
(a) Unlawful aggression
Unlawful aggression may not exist as a
matter of fact; it can be made to depend
upon the honest belief of the one making
the defense.
Reason: The law acknowledges the
possibility that a relative, by virtue of blood,
will instinctively come to the aid of their
relatives.
(b) Reasonable necessity of means employed to
prevent or repel it
(c) In case the provocation was given by the
person attacked, the one making the defense
had no part therein
Although the provocation prejudices the
person who gave it, its effects do not reach
the defender who took no part therein,
because the latter was prompted by some
noble or generous sentiment in protecting
and saving a relative
Basis: It is found not only upon a humanitarian
sentiment, but also upon the impulse of blood
which impels men to rush, on the occasion of
great perils, to the rescue of those close to them
by ties of blood.
RELATIVES ENTITLED TO DEFENSE:
(1) Spouse
(2) Ascendants
(3) Descendants
(4) Legitimate, natural or adopted
Brothers/Sisters
(5) Relatives by Affinity in the same degree
(6) Relatives by Consanguinity w/in the 4th civil
degree
There is no distinction in the Revised Penal Code
whether the descendant should be legitimate or
illegitimate; when the law does not extinguish,
the courts cannot distinguish.
PAR. 3: DEFENSE OF STRANGERS
ELEMENTS:
(a) Unlawful aggression;
(b) Reasonable necessity of the means employed
to prevent or repel it;
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CRIMINAL LAW
(c) The person defending was not induced by
revenge, resentment or other evil motive.
Note: Motive is relevant only in this kind of
defense.
Stranger Any person not included in the
enumeration of relatives under [par. 2 of Art. 11]
If the person being defended is a second cousin, it
will be defense of stranger.
Basis: What one may do in his defense, another
may do for him. The ordinary man would not
stand idly by and see his companion killed
without attempting to save his life.
PAR. 4: AVOIDANCE OF A GREATER
EVIL
ELEMENTS:
(a) Evil sought to be avoided actually exists
The evil or injury sought to be avoided must
not have been produced by the one invoking
the justifying circumstances.
(b) Injury feared be greater than that done to
avoid it
(c) There is no other practical & less harmful
means of preventing it.
General rule: No civil liability in justifying
circumstances because there is no crime.
Exception: There is CIVIL LIABILITY under this
paragraph. Persons benefited shall be liable in
proportion to the benefit which they have
received.
Ty v. People (2004)
Ty's mother and sister were confined at the
Manila Doctors' Hospital. Ty signed the
"Acknowledgment of Responsibility for Payment"
in the Contract of Admission. The total hospital
bills of the two patients amounted to
P1,075,592.95. Ty executed a promissory note
wherein she assumed payment of the obligation
in installments. To assure payment of the
obligation, she drew 7 postdated checks against
Metrobank payable to the hospital which were all
dishonored by the drawee bank due to
insufficiency of funds. As defense, Ty claimed that
she issued the checks because of an
UP LAW BOC CRIMINAL LAW 1
uncontrollable fear of a greater injury. She
averred that she was forced to issue the checks to
obtain release for her mother who was being
inhumanely treated by the hospital. She alleged
that her mother has contemplated suicide if she
would not be discharged from the hospital. Ty
was found guilty by the lower courts of 7 counts
of violation of BP22.
Held: The court sustained the findings of the
lower courts. The evil sought to be avoided is
merely expected or anticipated. So the defense of
an uncontrollable fear of a greater injury is not
applicable. Ty could have taken advantage of an
available option to avoid committing a crime. By
her own admission, she had the choice to give
jewelry or other forms of security instead of
postdated checks to secure her obligation.
Moreover, for the defense of state of necessity to
be availing, the greater injury feared should not
have been brought about by the negligence or
imprudence, more so, the willful inaction of the
actor. In this case, the issuance of the bounced
checks was brought about by Ty's own failure to
pay her mother's hospital bills.
PAR. 5: FULFILLMENT OF DUTY OR
LAWFUL EXERCISE OF RIGHT/OFFICE
ELEMENTS:
(a) Offender acted in performance of duty or in
the lawful exercise of a right or office;
(b) That the injury caused or the offense
committed be the necessary consequence of
the due performance of duty or the lawful
exercise of such right or office.
If the first condition is present, but the second is
not because the offender acted with culpa, the
offender will be entitled to a privileged mitigating
circumstance. The penalty would be reduced by
one or two degrees.
People v. Ulep (2000)
Accused-appellant and the other police officers
involved originally set out to restore peace and
order at Mundog Subdivision where the victim
was then running amuck. The victim threatened
the safety of the police officers despite accused-
appellant's previous warning shot and verbal
admonition to the victim to lay down his weapon.
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CRIMINAL LAW
Held: As a police officer, it is to be expected that
accused-appellant would stand his ground. Up to
that point, his decision to respond with a barrage
of gunfire to halt the victim's further advance was
justified under the circumstances. A police officer
is not required to afford the victim the
opportunity to fight back. Neither is he expected
when hard pressed and in the heat of such an
encounter at close quarters to pause for a long
moment and reflect coolly at his peril, or to wait
after each blow to determine the effects thereof.
But he cannot be exonerated from overdoing his
duty when he fatally shot the victim in the head,
even after the latter slumped to the ground due
to multiple gunshot wounds sustained while
charging at the police officers. Sound discretion
and restraint dictated that a veteran policeman
should have ceased firing at the victim the
moment he saw the latter fall to the ground. The
victim at that point no longer posed a threat.
Shooting him in the head was obviously
unnecessary.
The law does not clothe police officers with
authority to arbitrarily judge the necessity to kill-
it must be stressed that their judgment and
discretion as police officers in the performance of
their duties must be exercised neither
capriciously nor oppressively, but within
reasonable limits.
Mamagun v. People (2007)
A policeman in pursuit of a snatcher accidentally
shot one of the bystanders who were actually
helping him chase the snatcher.
Held: To be sure, acts in the fulfillment of a duty,
without more, do not completely justify the
petitioners firing the fatal gunshot at the victim.
True, petitioner, as one of the policemen
responding to a reported robbery then in
progress, was performing his duty as a police
officer as well as when he was trying to effect the
arrest of the suspected robber and in the process,
fatally shoot said suspect, albeit the wrong man.
However, in the absence of the equally necessary
justifying circumstance that the injury or offense
committed be the necessary consequence if the
due performance of such duty, there can only be
incomplete justification, a privilege mitigating
circumstance under Art. 13 and 69 of the RPC.
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

There can be no quibbling that there was no ELEMENTS:

rational necessity for the killing of Contreras.
Petitioner could have first fired a warning shot
before pulling the trigger against Contreras who
was one of the residents chasing the suspected
robber.
People v. Delima (1922)
Napilon escaped from the jail where he was
serving sentence. Some days afterwards the
policeman, Delima, who was looking for him
found him in the house of Alegria, armed with a
pointed piece of bamboo in the shape of a lance.
Delima demanded the surrender of the weapon
but Napilon refused. Delima fired his revolver to
impose his authority but the bullet did not hit
him. The criminal ran away and Delima went
after him and fired again his revolver, this time
hitting and killing him.
(a) Order must have been issued by a superior
(b) The order is for some lawful purpose
(c) The means used to carry it out must be lawful
A subordinate is not liable for carrying out an
illegal order of his superior if he is not aware of
the illegality of the order and he is not negligent.
People v. Oanis (1943)
Although an officer in making a lawful arrest is
justified in using such force as is reasonably
necessary to secure and detain the offender,
overcome his resistance, prevent his escape,
recapture him if he escapes, and protect himself
from bodily harm, yet he is never justified in using
unnecessary force or in treating him with wanton
violence or in resorting to dangerous means when
the arrest could be effected otherwise.

Held: The killing was done in the performance of People v. Beronilla (1955)
a duty. The deceased was under the obligation to Held: Where the accused acted upon orders of
surrender and had no right, after evading service superior officers that they, as military
of his sentence, to commit assault and subordinates, could not question, and obeyed in
disobedience with a weapon in his hand, which good faith, without being aware of their illegality,
compelled the policeman to resort to such without any fault or negligence on their part, the
extreme means, which, although it proved to be act is not accompanied by criminal intent. A
fatal, was justified by the circumstance. crime is not committed if the mind of the person
performing the act be innocent.
DOCTRINE OF SELF-HELP
Art. 429 of the Civil Code is applicable under this JUSTIFYING VS. EXEMPTING
paragraph. The article states, The owner or CIRCUMSTANCE
lawful possessor of a thing has the right to
exclude any person from the enjoyment and Justifying Exempting
disposal thereof. For this purpose, he may use It affects the act, not It affects the actor, not
such force as may be reasonably necessary to the actor. the act.
repel or prevent an actual or threatened unlawful
physical invasion or usurpation of his property. The act is considered to
have been done within The act complained of
The actual invasion of property may consist of a the bounds of law; is actually wrongful,
mere disturbance of possession or of a real hence, legitimate and but the actor is not
dispossession. If it is a mere disturbance of lawful in the eyes of the liable.
possession, force may be used against it at any law.
time as long as it continues, even beyond the Since the act
prescriptive period of forcible entry. If the invasion complained of is
consists of a real dispossession, force to regain Since the act is actually wrong, there is
possession can be used only immediately after considered lawful, a crime but since the
the dispossession. there is no liability. actor acted without
voluntariness, there is
PAR. 6: OBEDIENCE TO AN ORDER no dolo or culpa.
ISSUED FOR SOME LAWFUL PURPOSE There is no criminal or There is a crime,

PAGE 38
UP LAW BOC CRIMINAL LAW 1
civil liability. although there is no
criminal, so there is civil
liability (Except: Art. 12,
par. 4 and 7 where
there is no civil
liability).
ANTI-VIOLENCE AGAINST WOMEN &
THEIR CHILDREN ACT OF 2004 (RA
9262)
Battery Any act of inflicting physical harm upon
the woman or her child resulting in physical and
psychological or emotional distress.
Battered Woman Woman who is repeatedly
subjected to any forceful physical or
psychological behavior by a man in order to
coerce her to do something he wants her to do
without concern for her rights.
Battered Woman Syndrome refers to a
scientifically defined pattern of psychological and
behavioral symptoms found in women living in
battering relationships as a result of cumulative
abuse.
Battered Woman Syndrome as a Defense
Victim-survivors who are found by the courts to
be suffering from battered woman syndrome do
not incur any criminal and civil liability
notwithstanding the absence of any of the
elements for justifying circumstances of self-
defense under the Revised Penal Code.
In the determination of the state of mind of the
woman who was suffering from battered woman
syndrome at the time of the commission of the
crime, the courts shall be assisted by expert
psychiatrists/ psychologists [Sec. 26, RA 9262]
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CRIMINAL LAW
PHASES OF THE CYCLE OF VIOLENCE OF
BATTERED WOMAN SYNDROME
The battered woman syndrome is characterized
by a CYCLE OF VIOLENCE, which is made up of
three phases [People v. Genosa]
(a) First Phase: Tension Building Phase
Where minor battering occurs, it could be a
verbal or slight physical abuse or another
form of hostile behavior.
The woman tries to pacify the batterer
through a show of kind, nurturing behavior,
or by simply staying out of the way.
But this proves to be unsuccessful as it only
gives the batterer the notion that he has the
right to abuse her.
(b) Second Phase: Acute Battering Incident
Characterized by brutality, destructiveness,
and sometimes death.
The battered woman has no control; only
the batterer can stop the violence.
The battered woman realizes that she
cannot reason with him and resistance
would only worsen her condition.
(c) Third Phase: Tranquil Period
Characterized by guilt on the part of the
batterer and forgiveness on the part of the
woman.
The batterer may show a tender and
nurturing behavior towards his partner and
the woman also tries to convince herself that
the battery will never happen again and that
her partner will change for the better.
FOUR CHARACTERISTICS OF THE
SYNDROME
(a) The woman believes that the violence was her
fault
(b) She has an inability to place the responsibility
for the violence elsewhere;
(c) She fears for her life and/or her childrens life
(d) She has an irrational belief that the abuser is
omnipresent and omniscient.
EXEMPTING CIRCUMSTANCES
(1) Imbecility/Insanity
(2) Minority
(3) Accident
(4) Compulsion of irresistible force
UP LAW BOC CRIMINAL LAW 1
(5) Impulse of uncontrollable fear
(6) Insuperable or lawful cause
Exempting Circumstances Those grounds for
exemption from punishment because there is
wanting in the agent of the crime any of the
conditions which make the act voluntary or
negligent.
The reason for the exemption lies on the
complete absence of intelligence, freedom of
action, or intent, or on the absence of negligence
on the part of the accused.
PAR. 1: INSANITY OR IMBECILITY
Imbecile One who, while advanced in age, has a
mental development comparable to that of a
child between 2 and 7 years of age. Exempt in all
cases from criminal liability
Insane There is a complete deprivation of
intelligence in committing the act but capable of
having lucid intervals. Mere abnormality of
mental faculties is not enough especially if the
offender has not lost consciousness of his acts.
During a lucid interval, the insane acts with
intelligence and thus, is not exempt from criminal
liability.
Insanity is a defense in the nature of confession
and avoidance and must be proved beyond
reasonable doubt.
Evidence of insanity must refer to:
(1) The time preceding the act under prosecution,
or
(2) At the very moment of its execution.
Insanity subsequent to commission of crime is not
exempting.
Feeblemindedness is not imbecility. It is
necessary that there is a complete deprivation of
intelligence in committing the act, that is, the
accused be deprived of reason, that there is no
responsibility for his own acts; that he acts
without the least discernment; that there be
complete absence of the power to discern, or that
there be a complete deprivation of the freedom of
the will. [People vs. Formigones, 1950]
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CRIMINAL LAW
CASES COVERED UNDER THIS ARTICLE:
(1) Dementia praecox [People v. Bonoan, 1937]
Note: Cited in OLD cases, but is a term no
longer used by mental health practitioners
(2) Somnambulism: sleep-walking [People v.
Taneo, 1933]
(3) Malignant malaria: which affects the nervous
system [People v. Lacena]
People v. Dungo (1991)
The insanity that is exempting is limited only to
mental aberration or disease of the mind and
must completely impair the intelligence of the
accused.
TWO TESTS OF INSANITY:
(1) The test of COGNITION, or whether the
accused acted with complete deprivation of
intelligence in committing the said crime;
(2) The test of VOLITION, or whether the accused
acted in total deprivation of freedom of will.
[People vs. Rafanan, 1991]
Both coginition and volition tests are applied.
There must be complete deprivation of the
intellect or will or freedom.
The defense must prove that the accused was
insane at the time of the commission of the crime
because the presumption is always in favor of
sanity.
JURIDICAL EFFECTS OF INSANITY:
(1) If present at the time of the commission of the
crime EXEMPT from liability.
(2) If present during trial proceedings will be
SUSPENDED and accused is committed to a
hospital.
(3) After judgment or while serving sentence
Execution of judgment is SUSPENDED, the
accused is committed to a hospital. The period
of confinement in the hospital is counted for
the purpose of the prescription of the penalty.
Basis: Complete absence of intelligence
UP LAW BOC CRIMINAL LAW 1
PAR. 2 & 3: MINORITY
(Superseded by RA 9344)
JUVENILE JUSTICE & WELFARE ACT OF 2006
(RA 9344); ALSO REFER TO CHILD & YOUTH
WELFARE CODE (PD 603, AS AMENDED)
What is the Juvenile Justice and Welfare
System?
"Juvenile Justice and Welfare System" refers to a
system dealing with children at risk and children
in conflict with the law, which provides child-
appropriate proceedings, including programs and
services for prevention, diversion, rehabilitation,
re-integration and aftercare to ensure their
normal growth and development. [Title V: Juvenile
Justice and Welfare System of RA 9344]
Definition of child in conflict with the law
RA 9344, Sec. 4 (e). Child in conflict with the law.
A child who is alleged as, accused of, or adjudged
as, having committed an offense under Philippine
laws.
Minimum age of criminal responsibility
RA 9344, Sec. 6. Minimum Age of Criminal
Responsibility. - A child fifteen (15) years of age or
under at the time of the commission of the
offense shall be exempt from criminal liability.
However, the child shall be subjected to an
intervention program pursuant to Section 20 of
this Act.
A child above fifteen (15) years but below
eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to
an intervention program, unless he/she has acted
with discernment, in which case, such child shall
be subjected to the appropriate proceedings in
accordance with this Act.
The exemption from criminal liability herein
established does not include exemption from civil
liability, which shall be enforced in accordance
with existing laws.
Determination of Age [Sec. 7, RA 9344]
Presumption: Minority of child in conflict with the
law. S/he shall enjoy all the rights of a child in
conflict with the law until s/he is proven to be 18
years old or older.
The age of a child may be determined from:
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CRIMINAL LAW
(1) The childs birth certificate,
(2) Baptismal certificate, or
(3) Any other pertinent documents.
In the absence of these documents, age may be
based on:
(1) Information from the child himself/herself,
(2) Testimonies of other persons,
(3) The physical appearance of the child, and
(4) Other relevant evidence.
In case of doubt as to the childs age, it shall be
resolved in his/her favor.
Exemption from criminal liability
(1) 15 yrs old or below at the time of commission of
offense: ABSOLUTELY EXEMPT from criminal
liability but subject to intervention program
(2) Over 15 yrs old but below 18: EXEMPT from
criminal liability & subject to intervention
program
If acted w/ discernment subject to diversion
program
(3) Below 18 yrs are exempt from:
(a) Status offense
(b) Vagrancy and Prostitution
(c) Mendicancy (PD 1563)
(d) Sniffing of Rugby (PD 1619)
Discernment Mental capacity to understand the
difference between right and wrong as
determined by the childs appearance, attitude,
comportment and behavior not only before and
during the commission of the offense but also
after and during the trial. It is manifested
through:
(1) Manner of committing a crime Thus, when
the minor committed the crime during
nighttime to avoid detection or took the loot to
another town to avoid discovery, he
manifested discernment.
(2) Conduct of the offender The accused shot
the victim with his sling shot and shouted
Putang ina mo. [People v. Alcabao, 44 OG
5006]
Automatic Suspension of Sentence Once the
child who is under eighteen (18) years of age at
the time of the commission of the offense is
found guilty of the offense charged, the court
shall determine and ascertain any civil liability
which may have resulted from the offense
UP LAW BOC CRIMINAL LAW 1
committed. However, instead of pronouncing the
judgment of conviction, the court shall place the
child in conflict with the law under suspended
sentence, without need of application: Provided,
however, That suspension of sentence shall still
be applied even if the juvenile is already eighteen
years (18) of age or more at the time of the
pronouncement of his/her guilt.
Upon suspension of sentence and after
considering the various circumstances of the
child, the court shall impose the appropriate
disposition measures as provided in the Supreme
Court Rule on Juveniles in Conflict with the Law.
(Sec. 38)
Discharge of the Child in Conflict with the Law -
Upon the recommendation of the social worker
who has custody of the child, the court shall
dismiss the case against the child whose
sentence has been suspended and against whom
disposition measures have been issued, and shall
order the final discharge of the child if it finds
that the objective of the disposition measures
have been fulfilled.
The discharge of the child in conflict with the law
shall not affect the civil liability resulting from the
commission of the offense, which shall be
enforced in accordance with law. (Sec. 39)
Treatment of child below age of responsibility
[Sec. 20, RA 9344]
If it has been determined that the child taken into
custody is fifteen (15) years old or below, the
authority which will have an initial contact with
the child has the duty to:
(1) Immediately release the child to the custody of
his/her parents or guardian, or in the absence
thereof, the child's nearest relative.
(2) Shall give notice to the local social welfare
and development officer who will determine
the appropriate programs in consultation with
the child and to the person having custody
over the child.
(3) If the parents, guardians or nearest relatives
cannot be located, or if they refuse to take
custody, the child may be released to any of
the following:
(a) A duly registered nongovernmental or
religious organization;
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CRIMINAL LAW
(b) A barangay official or a member of the
Barangay Council for the Protection of
Children (BCPC);
(c) A local social welfare and development
officer; or when and where appropriate, the
DSWD.
(4) If the child referred to herein has been found
by the Local Social Welfare and Development
Office to be abandoned, neglected or abused
by his parents, or in the event that the parents
will not comply with the prevention program,
the proper petition for involuntary
commitment shall be filed by the DSWD or the
Local Social Welfare and Development Office
pursuant to Presidential Decree No. 603,
otherwise, known as "The Child and Youth
Welfare Code".
Status offenses under Sec. 57 of RA 9344
Sec. 57. Status Offenses. - Any conduct not
considered an offense or not penalized if
committed by an adult shall not be considered an
offense and shall not be punished if committed by
a child.
Offenses not applicable to children under Sec.
58 of RA 9344
Persons below eighteen (18) years of age shall be
exempt from prosecution for the crime of:
(1) Vagrancy and prostitution under Sec. 202 of
the Revised Penal Code,
(2) Mendicancy under Presidential Decree No.
1563, and
(3) Sniffing of rugby under Presidential Decree
No. 1619,
Such prosecution being inconsistent with the
United Nations Convention on the Rights of the
Child.
Provided, that said persons shall undergo
appropriate counseling and treatment program.
Basis: Complete absence or lack of intelligence.
PAR. 4: ACCIDENT
Accident Something that happens outside the
sway of our will and, although coming about
through some act of our will, lies beyond the
bounds of humanly foreseeable consequences.
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

Under Article 12, paragraph 4, the offender is Basis: Complete absence of freedom.
exempt not only from criminal but also from civil
liability. Irresistible force Uncontrollable fear
ELEMENTS: Irresistible force must Uncontrollable fear
(a) A person is performing a lawful act; operate directly upon may be generated by a
(b) With due care; the person of the threatened act directly
(c) He causes an injury to another by mere accused and the injury to a third person such
accident; feared may be a lesser as the wife of the
(d) Without fault or intention of causing it. degree than the accused, but the evil
damage caused by the feared must be greater
Basis: Lack of negligence and intent. accused. or at least equal to the
damage caused to
PAR. 5: IRRESISTIBLE FORCE avoid it.
Offender uses physical Offender employs
ELEMENTS: force or violence to intimidation or threat in
(a) That the compulsion is by means of physical compel another person compelling another to
force; to commit a crime. commit a crime.
(b) That the physical force must be irresistible;
(c) That the physical force must come from a third PAR. 7: INSUPERABLE OR LAWFUL
person.
CAUSES
Note: Before a force can be considered to be an Insuperable means insurmountable. A cause
irresistible one, it must produce such an effect on which has lawfully, morally or physically
the individual that, in spite of all resistance, it prevented a person to do what the law
reduces him to a mere instrument and, as such, commands.
incapable of committing the crime. [US v.
Elicanal, 1916] ELEMENTS:
(a) That an act is required by law to be done;
To be exempt from criminal liability, a person (b) That a person fails to perform such act;
invoking irresistible force must show that the (c) That his failure to perform such act was due to
force exerted was such that it reduced him to a some lawful or insuperable cause
mere instrument who acted not only without will
but against his will. [People v. Lising (1998)] Basis: Lack of intent.

Basis: Complete absence of freedom. People v. Bandian (1936)

PAR. 6: UNCONTROLLABLE FEAR
ELEMENTS:
(a) That the threat which causes the fear is of an
evil greater than or at least equal to, that
which he is forced to commit;
(b) That it promises an evil of such gravity and
imminence that the ordinary man would have
succumbed to it.
A woman cannot be held liable for infanticide
when she left her newborn child in the bushes
without being aware that she had given birth at
all. Severe dizziness and extreme debility made it
physically impossible for Bandian to take home
the child plus the assertion that she didnt know
that she had given birth.

A threat of future injury is not enough. The

compulsion must be of such a character as to
leave no opportunity to the accused for escape or
self-defense in equal combat.

PAGE 43
UP LAW BOC CRIMINAL LAW 1
MITIGATING CIRCUMSTANCES
(1) Incomplete Justification and Exemption
(2) Under 18 or Over 70 years of age
(3) No intention to commit so grave a wrong
(4) Sufficient Provocation or Threat
(5) Immediate vindication of a grave offense
(6) Passion or obfuscation
(7) Voluntary surrender
(8) Voluntary plea of guilt
(9) Plea to a lower offense
(10) Physical defect
(11) Illness
(12) Analogous Circumstances
Mitigating circumstances or causas attenuates are
those which, if present in the commission of the
crime, do not entirely free the actor from criminal
liability, but serve only to reduce the penalty.
Basis: They are based on the diminution of either
freedom of action, intelligence or intent or on the
lesser perversity of the offender. However,
voluntary surrender and plea of guilt which, being
circumstances that occur after the commission of
the offense, show the accuseds respect for the
law (voluntary surrender) and remorse and
acceptance of punishment (plea of guilt), thereby
necessitating a lesser penalty to effect his
rehabilitation (based on the Positivist School)
The circumstances under Article 13 are generally
ordinary mitigating. However, paragraph 1, is
treated as a privileged mitigating circumstance if
majority of the requisites concurred, otherwise, it
will be treated as an ordinary mitigating
circumstance. [Reyes, citing Art. 69].
Correlate Article 13 with Articles 63 and 64.
Article 13 is meaningless without knowing the
rules of imposing penalties under Articles 63 and
64.
ORDINARY VS. PRIVILEGED
MITIGATING CIRCUMSTANCE
Ordinary MC Privileged MC
Can be offset by any Cannot be offset by
aggravating aggravating
circumstance circumstance
If not offset by The effect of imposing
aggravating upon the offender the
PAGE 44
CRIMINAL LAW
Ordinary MC Privileged MC
circumstance, produces penalty lower by one or
the effect of applying two degrees than that
the penalty provided by provided by law for the
law for the crime in its crime.
min period provided
the penalty is divisible.
PAR. 1: INCOMPLETE JUSTIFYING OR
EXEMPTING CIRCUMSTANCES
The circumstances of justification or exemption
which may give place to mitigation, because not
all the requisites necessary to justify the act or to
exempt from criminal liability in the respective
cases are attendant, are the following:
(1) Self-defense (Art. 11, par. 1)
(2) Defense of relatives (Art. 11, par. 2)
(3) Defense of strangers (Art. 11, par. 3)
(4) State of necessity (Art. 11, par. 4)
(5) Performance of duty (Art. 11, par. 5)
(6) Obedience to the order of superiors (Art. 11,
par. 6)
(7) Minority over 15 years of age but below 18
years of age (Art. 12, par. 3)
(8) Causing injury by mere accident (Art. 12, par.4)
(9) Uncontrollable fear (Art. 12 par. 6)
INCOMPLETE JUSTIFYING CIRCUMSTANCES
Incomplete self-defense, defense of relatives,
defense of stranger
In these 3 classes of defense, UNLAWFUL
AGGRESSION must always be present. It is an
indispensable requisite.
Par. 1 of Art. 13 is applicable only when
(a) Unlawful aggression is present
(b) but one or both of the other 2 requisites are
not present in any of the cases referred to in
circumstances number 1, 2 and 3 or Art. 11.
Note: When two of the three requisites mentioned
therein are present, the case must be considered
as a privileged mitigating circumstance referred
to in Art. 69 of the Code. Article 69 requires that
a majority of the conditions required must be
present.
Incomplete justifying circumstance of
avoidance of greater injury
UP LAW BOC
Requisites [par. 4, Art. 11]:
(a) That the evil sought to be avoided actually
exists;
(b) That the injury feared be greater than that
done to avoid it;
(c) That there be no other practical and less
harmful means of preventing it.
If any of the last two requisites is lacking, there is
only a mitigating circumstance. The first element
is indispensable.
Incomplete justifying circumstance
performance of duty
Requisites [par.5, Art. 11]:
(a) That the accused acted in the performance of
a duty or in the lawful exercise of a right or
office; and
(b) That the injury caused or offense committed
be the necessary consequence of the due
performance of such duty or the lawful
exercise of such right or office.
People v. Oanis (1943)
The SC considered one of the 2 requisites as
constituting the majority. It seems that there is no
ordinary mitigating circumstance under Art. 13
par. 1 when the justifying or exempting
circumstance has 2 requisites only.
Where only one of the requisites was present,
Article 69 was applied.
INCOMPLETE EXEMPTING CIRCUMSTANCES
Incomplete exempting circumstance
avoidance of accident
Requisites [par. 4, Art. 12]:
(a) A person is performing a lawful act
(b) With due care
(c) He causes an injury to another by mere
accident
(d) Without fault or intention of causing it
There is NO SUCH MITIGATING CIRCUMSTANCE
because:
CRIMINAL LAW 1 CRIMINAL LAW
If the 2nd requisite and 1st part of the 4th requisite
are absent, the case will fall under Art. 365 which
punishes reckless imprudence.
If the 1st requisite and 2nd part of the 4th requisite
are absent, it will be an intentional felony [Art. 4,
par. 1].
Incomplete exempting circumstance of
uncontrollable fear
Requisites [par. 6, Art. 12]:
(a) That the threat which caused the fear was of
of an evil greater than, or at least equal to, that
which he was required to commit;
(b) That it promised an evil of such gravity and
imminence that an ordinary person would
have succumbed to it.
Note: If only one of these requisites is present,
there is only a mitigating circumstance.
PAR. 2: UNDER 18 OR OVER 70 YEARS
OF AGE
IN LOWERING THE PENALTY
Based on age of the offender at the time of the
commission of the crime not the age when
sentence is imposed
IN SUSPENSION OF THE SENTENCE
Based on age of the offender (under 18) at the
time the sentence is to be promulgated (See Art.
80, RPC)
PAR. 2 CONTEMPLATES THE FOLLOWING:
(1) An offender over 15 but under 18 years of age
of who acted with discernment.
(2) An offender fifteen or over but under 18 years
of age.
(3) An offender over 70 years old
LEGAL EFFECTS OF VARIOUS AGES OF
OFFENDERS
(1) 15 and below Exempting
(2) Above 15 but under 18 years of age, also an
exempting circumstance, unless he acted with
discernment [Art. 12, par. 3 as amended by RA
9344].
(3) Minor delinquent under 18 years of age, the
sentence may be suspended. [Art. 192, PD No.
603 as amended by PD 1179]
PAGE 45
UP LAW BOC CRIMINAL LAW 1
(4) 18 years or over, full criminal responsibility.
(5) 70 years or over Mitigating, no imposition of
death penalty; if already imposed. Execution
of death penalty is suspended and commuted.
Basis: Diminution of intelligence
PAR. 3: NO INTENTION TO COMMIT
SO GRAVE A WRONG (PRAETER
INTENTIONEM)
There must be a notable disproportion between
the means employed by the offender and the
resulting harm.
The intention, as an internal act, is judged not
only by the proportion of the means employed by
him to the evil produced by his act, but also by:
(1) The weapon used
(2) The part of the body injured
(3) The injury inflicted
(4) The manner it is inflicted
The lack of intention to commit so grave a wrong
can also be inferred from the subsequent acts of
the accused immediately after committing the
offense, such as when the accused helped his
victim to secure medical treatment.
WHEN NOT APPLICABLE:
(1) Crime results from criminal negligence or
culpa
(2) The offender employed brute force
(3) The victim does not die as a result of the
assault in cases of crimes against persons
(4) Murder qualified by treachery
Only applicable to offense resulting in death,
physical injuries, or material harm (including
property damage). It is not applicable to
defamation or slander.
People v. Calleto (2002)
Held: The lack of "intent" to commit a wrong so
grave is an internal state. It is weighed based on
the weapon used, the part of the body injured, the
injury inflicted and the manner it is inflicted. The
fact that the accused used a 9-inch hunting knife
in attacking the victim from behind, without
giving him an opportunity to defend himself,
clearly shows that he intended to do what he
actually did, and he must be held responsible
PAGE 46
CRIMINAL LAW
therefor, without the benefit of this mitigating
circumstance.
People v. Ural (1974)
Held: The intention, as an internal act, is judged
not only by the proportion of the means
employed by him to the evil produced by his act,
but also by the fact that the blow was or was not
aimed at a vital part of the body. Thus, it may be
deduced from the proven facts that the accused
had no intent to kill the victim, his design being
only to maltreat him, such that when he realized
the fearful consequences of his felonious act, he
allowed the victim to secure medical treatment at
the municipal dispensary.
Basis: Diminution of intent.
PAR. 4: SUFFICIENT PROVOCATION
OR THREAT
ELEMENTS:
(a) That the provocation must be sufficient
(b) That it must originate from the offended party
(c) That the provocation must be personal and
directed to the accused
(d) That the provocation must be immediate to
the act, i.e., to the commission of the crime by
the person who is provoked
Provocation Any unjust or improper conduct or
act of the offended party capable of exciting,
inciting, or irritating anyone.
Provocation in order to be mitigating must be
SUFFICIENT and IMMEDIATELY preceding the
act. [People v. Pagal]
Sufficient means adequate to excite a person to
commit a wrong and must accordingly be
proportionate to its gravity. [People v. Nabora]
Sufficiency depends upon:
(1) The act constituting provocation
(2) The social standing of the person provoked
(3) The place and time when the provocation is
made.
Between the provocation by the offended party
and the commission of the crime, there should
not be any interval in time. Reason: When there is
an interval of time between the provocation and
UP LAW BOC CRIMINAL LAW 1
the commission of the crime, the perpetrator has
time to regain his reason.
Sufficient provocation
Provocation as a
as a requisite of
mitigating circumstance
incomplete self-defense
It pertains to its It pertains to its
absence on the part of presence on the part of
the person defending the offended party.
himself. [People v. CA,
G.R. No. 103613, 2001]
TIP: The common set-up given in a bar problem is
that of provocation given by somebody against
whom the person provoked cannot retaliate; thus
the person provoked retaliated on a younger
brother or on the father. Although in fact, there is
sufficient provocation, it is not mitigating because
the one who gave the provocation is not the one
against whom the crime was committed.
CRITERIA
You have to look at two criteria:
(1) If from the element of time,
(a) There is a material lapse of time stated in
the problem, and
(b) There is nothing stated in the problem that
the effect of the threat of provocation had
prolonged and affected the offender at the
time he committed the crime,
Then you use the criterion based on the time
element.
(2) If there is that time element and at the same
time, facts are given indicating that at the time
the offender committed the crime, he is still
suffering from outrage of the threat or
provocation done to him, then he will still get
the benefit of this mitigating circumstance.
Basis: Diminution of intelligence and intent.
Romera v. People (2004)
Provocation and passion or obfuscation are not 2
separate mitigating circumstances. It is well-
settled that if these 2 circumstances are based on
the same facts, they should be treated together as
one mitigating circumstance. It is clear that both
circumstances arose from the same set of facts.
Hence, they should not be treated as two
separate mitigating circumstances.
PAGE 47
CRIMINAL LAW
PAR. 5: IMMEDIATE VINDICATION OF
A GRAVE OFFENSE
ELEMENTS:
(a) That there be a grave offense done to the one
committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted
brothers or sisters, or relatives by affinity
within the same degree.
(b) That the felony is committed in vindication of
such grave offense. A lapse of time is allowed
between the vindication and the doing of the
grave offense.
(c) The vindication need not be done by the
person upon whom the grave offense was
committed
Note: Lapse of time is allowed. The word
immediate used in the English text is not the
correct translation. The Spanish text uses
proxima. Although the grave offense (slapping
of the accused in front of many persons hours
before the killing), which engendered the
perturbation of mind, was not so immediate, it
was held that the influence thereof, by reason of
its gravity, lasted until the moment the crime was
committed. [People v. Parana]
The question whether or not a certain personal
offense is grave must be decided by the court,
having in mind
(1) The social standing of the person,
(2) The place and
(3) The time when the insult was made.
Vindication of a grave offense and passion or
obfuscation cannot be counted separately and
independently.
Provocation Vindication
It is made directly only The grave offense may
to the person be committed against
committing the felony. the offenders relatives
mentioned by law.
The offense need not The offended party
be a grave offense. must have done a
grave offense to the
offender or his
relatives.
The provocation or The grave offense may
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

threat must be proximate, which

immediately precede admits of an interval of Also, the act must be sufficient to produce such a
the act. time between the grave condition of mind. If the cause of loss of self-
offense done by the control is trivial and slight, obfuscation is not
offended party and the mitigating.
commission of the
crime by the accused. Moreover, the defense must prove that the act
which produced the passion or obfuscation took
It is a mere spite It concerns the honor of place at a time not far removed from the
against the one giving the person. commission of the crime. [People v. Gervacio,
the provocation or 1968]
threat.
US v. De la Cruz (1912)
People v. Torpio (2004) De la Cruz, in the heat of passion, killed the
The mitigating circumstance of sufficient deceased who was his querida (lover) upon
provocation cannot be considered apart from the discovering her in the act of carnal
circumstance of vindication of a grave offense. communication with a mutual acquaintance. He
These two circumstances arose from one and the claims that he is entitled to the mitigating
same incident, i.e., the attack on the appellant by circumstance of passion or obfuscation and that
the accused, so that they should be considered as the doctrine in Hicks is inapplicable.
only one mitigating circumstance.
Held: US v. Hicks is not applicable to the case. In
Basis: Diminution of the conditions of Hicks, the cause of the alleged passion and
voluntariness. obfuscation of the aggressor was the convict's
vexation, disappointment and deliberate anger
PAR. 6: PASSION OR OBFUSCATION engendered by the refusal of the woman to
(ARREBATO Y OBCECACION) continue to live in illicit relations with him, which
she had a perfect reason to do. In this case, the
REQUISITES: impulse upon which the defendant acted was the
(a) The accused acted upon an impulse sudden revelation that his paramour was untrue
(b) The impulse must be so powerful that it to him and his discovery of her in flagrante in the
naturally produces passion or obfuscation in arms of another. This was a sufficient impulse in
him. the ordinary and natural course of things to
(c) That there be an act, both unlawful and produce the passion and obfuscation which the
sufficient to produce such condition of mind; law declares to be one of the mitigating
and circumstances to be taken into the consideration
(d) That said act which produced the obfuscation of the court.
was not far removed from the commission of
the crime by a considerable length of time, PASSION AND OBFUSCATION CANNOT CO-
during which the perpetrator might recover his EXIST WITH:
normal equanimity. [People v. Alanguilang] (1) Vindication of grave offense
Exception: When there are other facts closely
PASSION OR OBFUSCATION NOT connected. Thus, where the deceased, had
APPLICABLE WHEN: eloped with the daughter of the accused, and
(1) The act committed in a spirit of later when the deceased saw the accused
LAWLESSNESS. coming, the deceased ran upstairs, there are 2
(2) The act is committed in a spirit of REVENGE. facts which are closely connected, namely: (1)
elopement, which is a grave offense for the
The mitigating circumstance of obfuscation family of old customs, and (2) refusal to deal
arising from jealousy cannot be invoked in favor with him, a stimulus strong enough to produce
of the accused whose relationship with the passion. The court in People v. Diokno (G.R.
woman was illegitimate.

PAGE 48
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

No. L-45100), considered both mitigating PAR. 7: VOLUNTARY SURRENDER &

circumstances in favor of the accused. CONFESSION OF GUILT
(2) Treachery [People v. Wong]
TWO MITIGATING CIRCUMSTANCES UNDER
Basis: Diminution of intelligence and intent. THIS PARAGRAPH
(1) Voluntary surrender to a person in authority or
PASSION/OBFUSCATION V. IRRESISTIBLE his agents;
FORCE (2) Voluntary confession of guilt before the court
Passion/obfuscation Irresistible force prior to the presentation of evidence for the
prosecution.
Mitigating Exempting
Circumstance circumstance Whether or not a warrant of arrest had been
issued is immaterial and irrelevant.
Cannot give rise to Physical force is a
physical force because condition sine qua non. VOLUNTARY SURRENDER
it does not involves
physical force. Requisites:
Passion/obfuscation Irresistible force comes (a) That the offender had not been actually
comes from the from a third person. arrested
offender himself. (b) That the offender surrendered himself to a
person in authority or to the latters agent
Must arise from lawful Irresistible force is (c) That the surrender was voluntary.
sentiments to be unlawful.
mitigating.
For voluntary surrender to be appreciated, the
surrender must be spontaneous, made in such
PASSION/OBFUSCATION V. PROVOCATION a manner that it shows the interest of the
Passion/obfuscation Provocation accused to surrender unconditionally to the
authorities, either because (1) he acknowledges
Passion/obfuscation is Provocation comes
his guilt or (2) wishes to save them the trouble
produced by an from the injured party.
and expenses that would be necessarily
impulse which may be
incurred in his search and capture [Andrada v.
caused by provocation.
People]. If none of these two reasons impelled
The offense which Must immediately the accused to surrender, the surrender is not
engenders the precede the spontaneous and therefore not voluntary
perturbation of mind commission of the [People v. Laurel].
need not be crime. The accused must actually surrender his own
immediate. It is only person to the authorities, admitting complicity
required that the of the crime.
influence thereof lasts Merely requesting a policeman to accompany
until the moment the the accused to the police headquarters is not
crime is committed. voluntary surrender. [People v. Flores]
In both, the effect is the loss of reason and self-
control on the part of the offender. Effect of arrest
General rule: Not mitigating when defendant was
in fact arrested. [People v. Conwi]

Exceptions:
(1) But where a person, after committing the
offense and having opportunity to escape,
voluntarily waited for the agents of the
authorities and voluntarily gave up, he is
entitled to the benefit of the circumstance,

PAGE 49
UP LAW BOC CRIMINAL LAW 1
even if he was placed under arrest by a
policeman then and there. [People v. Parana]
(2) Where the arrest of the offender was after his
voluntary surrender or after his doing an act
amounting to a voluntary surrender to the
agent of a person in authority. [People v.
Babiera; People v. Parana]
Person in authority is one directly vested with
jurisdiction, that is, a public officer who has the
power to govern and execute the laws whether as
an individual or as a member of some court or
governmental corporation, board or commission.
A barrio captain and a barangay chairman are
also persons in authority. (Art. 152, RPC, as
amended by PD No. 299).
Agent of a person in authority is a person, who,
by direct provision of law, or by election or by
competent authority, is charged with the
maintenance of public order and the protection
and security of life and property and any person
who comes to the aid of persons in authority. (Art.
152, as amended by RA 1978).
Time of Surrender The RPC does not distinguish
among the various moments when the surrender
may occur. (Reyes, Revised Penal Code). The fact
that a warrant of arrest had already been issued
is no bar to the consideration of that
circumstance because the law does not require
that the surrender be prior the arrest. (People v.
Yecla and Cahilig). What is important is that the
surrender be spontaneous.
PLEA OF GUILT
Requisites
(1) That the offender spontaneously confessed his
guilt.
(2) That the confession of guilt was made in open
court, that is, before the competent court that
is to try the case; and
The extrajudicial confession made by the
accused is not voluntary confession
because it was made outside the court.
[People v. Pardo]
(3) That the confession of guilt was made prior to
the presentation of evidence for the
prosecution.
PAGE 50
CRIMINAL LAW
The change of plea should be made at the first
opportunity when his arraignment was first set.
A conditional plea of guilty is not mitigating.
Plea of guilt on appeal is not mitigating.
Withdrawal of plea of not guilty before
presentation of evidence by prosecution is still
mitigating. All that the law requires is voluntary
plea of guilty prior to the presentation of the
evidence by the prosecution.
A plea of guilty on an amended information will
be considered as an attenuating circumstance
if no evidence was presented in connection with
the charges made therein. (People v. Ortiz)
Basis: Lesser perversity of the offender.
PLEA TO A LESSER OFFENSE
Rule 116, sec. 2, ROC. At arraignment, the accused,
with the consent of the offended party and
prosecutor, may be allowed by the trial court to
plead guilty to a lesser offense which is
necessarily included in the offense charged. After
arraignment but before trial, the accused may still
be allowed to plead guilty to said lesser offense
after withdrawing his plea of not guilty. No
amendment of the complaint or information is
necessary.
People v. Dawaton (2002)
Information for murder was filed against
Dawaton. When first arraigned he pleaded not
guilty, but during the pre-trial he offered to plead
guilty to the lesser offense of homicide but was
rejected by the prosecution. The trial court
sentenced him to death. He avers that he is
entitled to the mitigating circumstance of plea of
guilty.
Held: While the accused offered to plead guilty to
the lesser offense of homicide, he was charged
with murder for which he had already entered a
plea of not guilty. We have ruled that an offer to
enter a plea of guilty to a lesser offense cannot be
considered as an attenuating circumstance under
the provisions of Art. 13 of RPC because to be
voluntary the plea of guilty must be to the offense
charged.
Also, Sec. 2, Rule 116, of the Revised Rules of
Criminal Procedure requires the consent of the
offended party and the prosecutor before an
UP LAW BOC CRIMINAL LAW 1
accused may be allowed to plead guilty to a
lesser offense necessarily included in the offense
charged. The prosecution rejected the offer of the
accused.
PAR. 8: PHYSICAL DEFECTS
This paragraph does not distinguish between
educated and uneducated deaf-mute or blind
persons.
Physical defect referred to in this paragraph is
such as being armless, cripple, or a stutterer,
whereby his means to act, defend himself or
communicate with his fellow beings are limited.
The physical defect that a person may have must
have a relation to the commission of the crime.
Where the offender is deaf and dumb, personal
property was entrusted to him and he
misappropriated the same, the crime committed
was estafa. The fact that he was deaf and dumb
is not mitigating since that does not bear any
relation to the crime committed.
If a person is deaf and dumb and he has been
slandered, he cannot talk so what he did was he
got a piece of wood and struck the fellow on the
head. The crime committed was physical injuries.
The Supreme Court held that being a deaf and
dumb is mitigating because the only way is to use
his force because he cannot strike back in any
other way.
Basis: Diminution of freedom of action, therefore
diminution of voluntariness.
PAR. 9: ILLNESS
ELEMENTS:
(a) That the illness of the offender must diminish
the exercise of his will-power
(b) That such illness should not deprive the
offender of consciousness of his acts.
It is said that this paragraph refers only to
diseases of pathological state that trouble the
conscience or will.
A mother who, under the influence of a puerperal
fever, killed her child the day following her
delivery.
PAGE 51
CRIMINAL LAW
Basis: Diminution of intelligence and intent.
People v. Javier (1999)
Javier was married to the deceased for 41 years.
He killed the deceased and then stabbed himself
in the abdomen. Javier was found guilty of
parricide. In his appeal, he claims that he killed
his wife because he was suffering from insomnia
for a month and at the time of the killing, his
mind went totally blank and he did not know
what he was doing. He also claims that he was
insane then.
Held: No sufficient evidence or medical finding
was offered to support his claim. The court also
took note of the fact that the defense, during the
trial, never alleged the mitigating circumstance of
illness. The alleged mitigating circumstance was
a mere afterthought to lessen the criminal
liability of the accused.
PAR. 10: ANALOGOUS MITIGATING
CIRCUMSTANCES
Any other circumstance of similar nature and
analogous to the nine mitigating circumstances
enumerated in art. 13 may be mitigating.
(1) The act of the offender of leading the law
enforcers to the place where he buried the
instrument of the crime has been considered
as equivalent to voluntary surrender.
(2) Stealing by a person who is driven to do so out
of extreme poverty is considered as analogous
to incomplete state of necessity.
(3) Over 60 years old with failing sight, similar to
over 70 years of age mentioned in par. 2.
[People v. Reantillo]
(4) Voluntary restitution of stolen goods similar to
voluntary surrender [People v. Luntao]
(5) Impulse of jealous feelings, similar to passion
and obfuscation. [People v. Libria]
(6) Extreme poverty and necessity, similar to
incomplete justification based on state of
necessity. [People v. Macbul]
(7) Testifying for the prosecution, without
previous discharge, analogous to a plea of
guilty. [People v. Narvasca]
AGGRAVATING
CIRCUMSTANCES
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

Aggravating Circumstances are those imposed such as evident premeditation in

circumstances which raise the penalty for a crime theft, robbery, estafa, adultery and
in its maximum period provided by law applicable concubinage.
to that crime or change the nature of the crime.
(5) SPECIAL Those which arise under special
Note: The list in this Article is EXCLUSIVE there conditions to increase the penalty of the
are no analogous aggravating circumstances. offense and cannot be offset by mitigating
circumstances such as:
The aggravating circumstances must be (a) Quasi-recidivism [Art. 160]
established with moral certainty, with the same (b) Complex crimes [Art. 48]
degree of proof required to establish the crime (c) Error in personae [Art. 49]
itself. (d) Taking advantage of public position and
membership in an organized/syndicated
According to the Revised Rules of Criminal crime group [Art. 62]
Procedure, BOTH generic and qualifying
aggravating circumstances must be alleged in Generic aggravating Qualifying aggravating
the Information in order to be considered by the circumstances circumstances
Court in imposing the sentence. (Rule 110, Sec. 9)
The effect of a
The effect of a generic
qualifying AC is not
Basis: Greater perversity of the offender AC, not offset by any
only to give the crime
manifested in the commission of the felony as mitigating
its proper and exclusive
shown by: circumstance, is to
name but also to place
(1) The motivating power behind the act increase the penalty
the author thereof in
(2) The place where the act was committed which should be
such a situation as to
(3) The means and ways used imposed upon the
deserve no other
(4) The time accused to the
penalty than that
(5) The personal circumstance of the offender MAXIMUM PERIOD.
specially prescribed by
and/or of the victim
law for said crime.
KINDS The circumstance
(1) GENERIC Those that can generally apply to affects the nature of
It is not an ingredient of
all crimes. Nos. 1, 2, 3 (dwelling), 4, 5, 6, 9, 10, the crime itself such
the crime. It only
14, 18, 19, and 20 except by means of motor that the offender shall
affects the penalty to
vehicles. A generic aggravating circumstance be liable for a more
be imposed but the
may be offset by a generic mitigating serious crime. The
crime remains the
circumstance. circumstance is
same
actually an ingredient
(2) SPECIFIC Those that apply only to particular of the crime
crimes. Nos. 3 (except dwelling), 15, 16, 17 and The circumstance can Being an ingredient of
21. be offset by an ordinary the crime, it cannot be
mitigating offset by any mitigating
(3) QUALIFYING Those that change the nature circumstance circumstance
of the crime. Art. 248 enumerate the
qualifying AC which qualifies the killing of
person to murder. If two or more possible
qualifying circumstances were alleged and
proven, only one would qualify the offense and
the others would be generic aggravating.

(4) INHERENT Those that must accompany the

commission of the crime and is therefore not
considered in increasing the penalty to be

PAGE 52
UP LAW BOC CRIMINAL LAW 1
AGGRAVATING CIRCUMSTANCES WHICH DO
NOT HAVE THE EFFECT OF INCREASING THE
PENALTY
(1) Aggravating circumstances which in
themselves constitute a crime especially
punishable by law.
(2) Aggravating circumstances which are included
by the law in defining a crime and prescribing
the penalty therefore shall not be taken into
account for the purpose of increasing the
penalty. [Art. 62, par. 1]
(3) The same rule shall apply with respect to any
aggravating circumstance inherent in the
crime to such a degree that it must of
necessity accompany the commission thereof.
[Art. 62, par. 2]
AGGRAVATING CIRCUMSTANCES WHICH
ARE PERSONAL TO THE OFFENDERS.
Aggravating circumstances which arise:
(1) From moral attributes of the offender;
(2) From his private relations with the offended
party; or
(3) From any personal cause, shall only serve to
aggravate the liability of the principals,
accomplices, accessories as to whom such
circumstances are attendant. [Art. 62, par. 3]
AGGRAVATING CIRCUMSTANCES WHICH
DEPEND FOR THEIR APPLICATION UPON
THE KNOWLEDGE OF OFFENDERS.
The circumstances which consist (1) in the
material execution of the act, or (2) in the means
employed to accomplish it, shall serve to
aggravate the liability of those persons only who
had knowledge of them at the time of the
execution of the act or their cooperation therein.
[Art. 62, par. 4]
GENERIC AGGRAVATING CIRCUMSTANCES
(1) Taking advantage of public office
(2) In contempt of or with insult to public
authorities
(3) With insult or lack of regard due to offended
party by reason of rank, age or sex
(4) Abuse of confidence and obvious
ungratefulness
(5) Crime in Palace or in presence of the Chief
Executive
(6) Nighttime; uninhabited Place; with a band
(7) On occasion of a calamity
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CRIMINAL LAW
(8) Aid of armed men or means to ensure
impunity
(9) Recidivism
(10) Reiteration or habituality
(11) Price, reward, or promise
(12) Inundation, fire, poison
(13) Evident premeditation
(14) Craft, fraud or disguise
(15) Superior strength or means to weaken
defense
(16) Treachery
(17) Ignominy
(18) Unlawful entry
(19) Breaking wall, floor, roof
(20) With aid of persons under 15, by motor
vehicle
(21) Cruelty
Par. 1. That advantage be taken by the
offender of his public position
This is applicable only if the offender is a public
officer.
The public officer must:
(a) Use the influence, prestige or ascendancy
which his office gives him
(b) As means by which he realizes his purpose.
The essence of the matter is presented in the
inquiry, Did the accused abuse his office in order
to commit the crime? [U.S. v. Rodriguez]
When a public officer commits a common crime
independent of his official functions and does
acts that are not connected with the duties of his
office, he should be punished as a private
individual without this aggravating circumstance.
Even if defendant did not abuse his office, if it is
proven that he has failed in his duties as such
public officer, this circumstance would warrant
the aggravation of his penalty. Thus, the fact that
the vice-mayor of a town joined a band of
brigands made his liability greater. [U.S. v.
Cagayan]
The circumstance cannot be taken into
consideration in offenses where taking advantage
of official position is made by law an integral
element of the crime such as in malversation [Art.
217] or falsification of public documents [Art. 171].
UP LAW BOC CRIMINAL LAW 1
Taking advantage of public position is also
inherent in the following cases:
(1) Accessories under Art. 19, par. 3 (harboring,
concealing or assisting in the escape of the
principal of the crime); and
(2) Title VII of Book Two of the RPC (Crimes
committed by public officers).
When in the commission of the crime, advantage
was taken by the offender of his public position,
the penalty to be imposed shall be in its
maximum regardless of mitigating
circumstances. [RA 7659]
Basis: Greater perversity of the offender.
Par. 2. That the crime be committed in
contempt of or with insult to the public
authorities
Requisites:
1. That the public authority is engaged in the
exercise of his functions.
2. That the public authority is not the person
against whom the crime is committed.
3. The offender knows him to be a public
authority.
4. His presence has not prevented the offender
from committing the criminal act.
Public Authority / Person in Authority is a
person directly vested with jurisdiction, that is, a
public officer who has the power to govern and
execute the laws. The councilor, mayor, governor,
barangay captain, barangay chairman etc. are
persons in authority. (Art. 152, as amended by P.D.
1232)
A school teacher, town municipal health officer,
agent of the BIR, chief of police, etc. are now
considered persons in authority.
Par. 2 is not applicable if committed in the
presence of an agent only such as a police
officer.
Agent A subordinate public officer charged with
the maintenance of public order and the
protection and security of life and property, such
as barrio policemen, councilmen, and any person
who comes to the aid of persons in authority. [Art.
152, as amended by BP 873]
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CRIMINAL LAW
Knowledge that a public authority is present is
essential.
Lack of such knowledge indicates lack of
intention to insult public authority.
If crime is committed against the public authority
while in the performance of his duty, the offender
commits direct assault without this aggravating
circumstance.
Basis: Greater perversity of the offender as shown
by his lack of respect for the public authorities.
People v. Rodil (1981)
There is the aggravating circumstance that the
crime was committed in contempt of or with
insult to public authorities when the chief of
police was present when the incident occurred.
The chief of police should be considered a public
authority because he is vested with authority to
maintain peace and order over the entire
municipality.
Par. 3. That the act be committed with insult
or in disregard of the respect due the offended
party on account of his rank, age, or sex, or
that it be committed in the dwelling of the
offended party, if the latter has not given
provocation.
Four circumstances are enumerated in this
paragraph, which can be considered singly or
together:
(a) Rank of the offended party
(b) Age of the offended party
(c) Sex of the offended party
(d) Dwelling (Morada)
If all the 4 circumstances are present, they have
the weight of one aggravating circumstance only.
There must be evidence that in the commission of
the crime, the accused deliberately intended to
offend or insult the sex or age of the offended
party. [People v. Mangsat]
Disregard of rank, age or sex may be taken into
account only in crimes against persons or honor.
[People v. Pugal; People vs. Ga]
Rank of the offended party
UP LAW BOC CRIMINAL LAW 1
Designation or title used to fix the relative
position of the offended party in reference to
others.
There must be a difference in the social condition
of the offender and the offended party.
Age of the offended party
May refer to old age or tender age of the victim.
Sex of the offended party
This refers to the female sex, not to the male sex.
The aggravating circumstance is NOT to be
considered in the following cases:
(1) When the offender acted with passion and
obfuscation. [People v. Ibanez]
(2) When there exists a relationship between the
offended party and the offender. [People v.
Valencia]
(3) When the condition of being a woman is
indispensable in the commission of the crime.
Thus, in rape, abduction, or seduction, sex is
not aggravating. [People v. Lopez]
Dwelling (Morada)
Building or structure, exclusively used for rest and
comfort. Thus, in the case of People v. Magnaye, a
combination of a house and a store, or a market
stall where the victim slept is not a dwelling.
This is considered an AC because in certain cases,
there is an abuse of confidence which the
offended party reposed in the offender by
opening the door to him.
Dwelling need not be owned by the offended
party. It is enough that he used the place for his
peace of mind, rest, comfort and privacy.
Dwelling should not be understood in the
concept of a domicile: A person has more than
one dwelling. So, if a man has so many wives and
he gave them places of their own, each one is his
own dwelling. If he is killed there, dwelling will be
aggravating, provided that he also stays there
once in a while.
If a crime of adultery was committed, dwelling is
considered aggravating on the part of the
paramour. However, if the paramour was also
PAGE 55
CRIMINAL LAW
residing in the same dwelling, it will not be
aggravating.
The offended party must not give provocation.
[People v. Ambis]
Provocation in the aggravating circumstance of
dwelling must be:
(a) Given by the offended party
(b) Sufficient, and
(c) Immediate to the commission of the crime.
[People v. Rios, 2000]
It is not necessary that the accused should have
actually entered the dwelling of the victim to
commit the offense: it is enough that the victim
was attacked inside his own house, although the
assailant may have devised means to perpetrate
the assault. [People v. Ompaid, 1969]
Dwelling includes dependencies, the foot of the
staircase and the enclosure under the house.
[U.S. v. Tapan]
Basis: Greater perversity of the offender as shown
by the personal circumstances of the offended
party and the place of commission of the crime.
People v. Tao (2000)
Dwelling cannot be appreciated as an
aggravating circumstance in this case because
the rape was committed in the ground floor of a
two-story structure, the lower floor being used as
a video rental store and not as a private place of
abode or residence.
People v. Arizobal (2000)
Generally, dwelling is considered inherent in the
crimes which can only be committed in the abode
of the victim, such as trespass to dwelling and
robbery in an inhabited place. However, in
robbery with homicide the authors thereof can
commit the heinous crime without transgressing
the sanctity of the victim's domicile. In the case at
bar, the robbers demonstrated an impudent
disregard of the inviolability of the victims' abode
when they forced their way in, looted their
houses, intimidated and coerced their inhabitants
into submission, disabled Laurencio and Jimmy
by tying their hands before dragging them out of
the house to be killed.
UP LAW BOC CRIMINAL LAW 1
Dwelling is not aggravating in the following
cases:
(1) When both offender and offended party are
occupants of the same house [U.S. v.
Rodriguez], and this is true even if offender is a
servant of the house. [People v. Caliso]
(2) When the robbery is committed by the use of
force upon things, dwelling is not aggravating
because it is inherent. [U.S. v. Cas]. But
dwelling is aggravating in robbery with
violence or intimidation of persons because
this class or robbery can be committed
without the necessity of trespassing the
sanctity of the offended partys house. [People
v. Cabato]
(3) In the crime of trespass to dwelling, it is
inherent or included by law in defining the
crime.
(4) When the owner of the dwelling gave
sufficient and immediate provocation. [Art. 14,
par. 3]
Par. 4. That the act be committed with abuse
of confidence or obvious ungratefulness
Par. 4 provides two aggravating circumstances:
(1) Abuse of confidence (abuso de confianza)
(2) Obvious ungratefulness
If present in the same case, they must be
independently appreciated.
Abuse of confidence (Abuso de confianza)
(a) That the offended party had trusted the
offender.
(b) That the offender abused such trust by
committing a crime against the offended
party.
(c) That the abuse of confidence facilitated the
commission of the crime.
The confidence between the offender and the
offended party must be immediate and personal.
It is inherent in malversation [Art. 217], qualified
theft [Art. 310], estafa by conversion or
misappropriation [Art. 315] and qualified
seduction [Art. 337].
a. Obvious ungratefulness
1. That the offended party had trusted the
offender;
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CRIMINAL LAW
2. That the offender abused such trust by
committing a crime against the offended
party;
3. That the act be committed with obvious
ungratefulness.
The ungratefulness must be obvious: (1)
manifest and (2) clear.
Basis: Greater perversity of the offender as shown
by the means and ways employed.
People v. Arrojado (2001)
For the aggravating circumstance of abuse of
confidence to exist, it is essential to show that the
confidence between the parties must be
immediate and personal such as would give the
accused some advantage or make it easier for
him to commit the criminal act. The confidence
must be a means of facilitating the commission
of the crime, the culprit taking advantage of the
offended party's belief that the former would not
abuse said confidence.
Par. 5. That the crime be committed in the
palace of the Chief Executive or in his
presence, or where public authorities are
engaged in the discharge of their duties, or in
a place dedicated to religious worship
If it is the Malacaang Palace or a church, it is
aggravating regardless of whether State or
official or religious functions are being held.
The President need not be in the palace.
His presence alone in any place where the
crime is committed is enough to constitute the
AC.
It also applies even if he is not engaged in the
discharge of his duties in the place where the
crime was committed.
Cemeteries are not places dedicated for
religious worship.
Note: Offender must have the intention to
commit a crime when he entered the place.
[People v. Jaurigue]
As regards the place where the public authorities
are engaged in the discharge of their duties, there
must be some performance of public functions.
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

Basis: Greater perversity of the offender as shown (c) It facilitated the commission of the offense.
by the place of the commission of the crime,
which must be respected. Nighttime by and of itself is not an aggravating
circumstance.
Par. 2: Contempt or Par. 5: Public authorities
insult to public are engaged in the When the place is illuminated by light, nighttime
authorities discharge of their duties is not aggravating.
Public authorities are engaged in the
Nighttime may be absorbed by treachery
performance of their duties.
depending on circumstances.
Public duty is
Public duty is performed
performed in their Nighttime need not be specifically sought for
outside their office
office when:
The offended party The public authority (a) The offender purposely took advantage of
may or may not be the should not be the nighttime; or
public authority offended party (b) It facilitated the commission of the offense.

Uninhabited place
Par. 6. That the crime be committed in the
It is determined not by the distance of the nearest
night time, or in an uninhabited place, or by a
house to the scene of the crime but whether or
band
not in the place of the commission of the offense,
there was a reasonable possibility of the victim
Three aggravating circumstances in this
receiving some help.
paragraph:
(1) Night time, or
Solitude must be sought to better attain the
(2) In an uninhabited place, or
criminal purpose. [People v. Aguinaldo]
(3) By a band, whenever such circumstances may
facilitate the commission of the offense.
The offenders must choose the place as an aid
either (1) to an easy and uninterrupted
These 3 circumstances may be considered
accomplishment of their criminal designs, or (2)
separately:
to insure concealment of the offense, that he
(1) When their elements are distinctly perceived
might thereby be better secured against
and
detection and punishment. [U.S. v. Vitug]
(2) Can subsist independently,
(3) Revealing a greater degree of perversity.
Band
Whenever more than three armed malefactors
Requisites:
shall have acted together in the commission of an
(a) When it facilitated the commission of the
offense, it shall be deemed to have been
crime; or
committed by a band.
(b) When especially sought for by the offender to
insure the commission of the crime or for the
There should:
purpose of impunity; or
(a) Be at least be four persons
(c) When the offender took advantage thereof for
(b) At least 4 of them should be armed
the purpose of impunity.
(c) And are principals by direct participation.
Nighttime
This aggravating circumstance is absorbed in the
The commission of the crime must begin and be
circumstance of abuse of superior strength.
accomplished in the nighttime (after sunset and
before sunrise).
This is inherent in brigandage.
(a) It is specially sought by the offender
(b) The offender purposely took advantage of
The armed men must have acted together in the
nighttime; or
commission of the crime.

PAGE 57
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

Not applicable When both the attacking party

Basis: On the time and place of the commission and the party attacked were equally armed.
of the crime and means and ways employed.
When the accused as well as those who
People v. Librando (2000) cooperated with him in the commission of the
In this case the trial court considered nighttime crime acted under the same plan and for the
and uninhabited place as just one aggravating same purpose.
circumstance.
Casual presence, or when the offender did not
Held: The court did not err in considering avail himself of their aid nor knowingly count
nighttime and uninhabited place as just one upon their assistance in the commission of the
aggravating circumstance. The court cited the crime.
case of People vs. Santos where it has been held
that if the aggravating circumstances of Par. 8: With aid of armed
nighttime, uninhabited place or band concur in Par. 6: By a band
men
the commission of the crime, all will constitute
one aggravating circumstance only as a general Requires more than 3 At least two armed men
rule although they can be considered separately armed malefactors
if their elements are distinctly perceived and can Requires that more This circumstance is
subsist independently, revealing a greater degree than three armed present even if one of
of perversity. malefactors shall have the offenders merely
acted together in the relied on their aid, for
Par. 7. That the crime be committed on the commission of an actual aid is not
occasion of a conflagration, shipwreck, offense necessary
earthquake, epidemic or other calamity or Band members are all Armed men are mere
misfortune principals accomplices
The rationale for this AC is the debased form of
criminality of one who, in the midst of a great Aid of armed men includes armed women.
calamity, instead of lending aid to the afflicted, [People v. Licop]
adds to their suffering by taking advantage of
their misfortune and despoiling them. Note: Aid of armed men is absorbed by
The offender must take advantage of the employment of a band.
calamity or misfortune.
OR OTHER CALAMITY OR MISFORTUNE Basis: Means and ways of committing the crime.
refers to other conditions of distress similar to
conflagration, shipwreck, earthquake or
epidemic.

Basis: To the time of the commission of the crime.

Par. 8. That the crime be committed with the

aid of armed men, or persons who insure or
afford impunity

Requisites:
(a) That the armed men or persons took part in
the commission of the crime, directly or
indirectly.
(b) That the accused availed himself of their aid or
relied upon them when the crime was
committed.

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Par. 9. That the accused is a recidivist Par. 10. That the offender has been previously
(reincidencia) punished by an offense to which the law
attaches an equal or greater penalty or for two
Requisites: or more crimes to which it attaches a lighter
(a) That the offender is on trial for an offense; penalty
(b) That he was previously convicted by final
judgment of another crime; Requisites:
(c) That both the first and the second offenses are (a) That the accused is on trial for an offense;
embraced in the same title of the Code; (b) That he previously served sentence for another
(d) That the offender is convicted of the new offense to which the law attaches:
offense. (i) An equal or
(ii) Greater penalty, or
In recidivism, the crimes committed should be (iii)For 2 or more crimes to which it attaches
felonies. There is no recidivism if the crime lighter penalty than that for the new
committed is a violation of a special law. offense; and
What is controlling is the time of the trial, not (c) That he is convicted of the new offense.
the time of the commission of the offense (i.e.
there was already a conviction by final In reiteracion or habituality, it is essential that the
judgment at the time of the trial for the second offender be previously punished; that is, he has
crime). served sentence.
At the time of the trial means from the
arraignment until after sentence is announced Par. 10 speaks of
by the judge in open court. Penalty attached to the offense,
Recidivism does not prescribe. No matter how Not the penalty actually imposed
long ago the offender was convicted, if he is
subsequently convicted of a crime embraced in Basis: Greater perversity of the offender as shown
the same title of the Revised Penal Code, it is by his inclination to crimes.
taken into account as aggravating in imposing
the penalty. Par. 9: Recidivism Par. 10: Reiteracion
Pardon does not erase recidivism, even if it is
absolute because it only excuses the service of It is enough that a final It is necessary that the
the penalty, not the conviction. However, if a judgment has been offender shall have
person was granted an amnesty, and thereafter rendered in the first served out his sentence
he is convicted of another crime of the same offense. for the first offense.
class as the former crimes, his former The previous and
Requires that the
conviction would not be aggravating. According subsequent offenses
offenses be included in
to Art. 89, amnesty extinguishes not only the must not be embraced
the same title of the
penalty but also its effects. in the same title of the
Code
Code
If the offender has Always to be taken into
Already served his sentence and consideration in fixing Not always an
He was extended an absolute pardon, the penalty to be aggravating
The pardon shall erase the conviction including imposed upon the circumstance
recidivism because there is no more penalty accused

Basis: Greater perversity of the offender, as shown Rationale is the proven Rationale is the proven
by his inclination to crimes. tendency to commit a resistance to
similar offense rehabilitation

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constitute reiteracion, hence the latter cannot

Art. 14, Par. 9: Art. 62 par. 5: Habitual apply to a quasi-recidivist.
Recidivism Delinquency
If the same set of facts constitutes recidivism and
At least three
Two convictions are reiteracion, the liability of the accused should be
convictions are
enough aggravated by recidivism, which can be easily
required
proven.
The crimes are limited
and specified to: Par. 11. That the crime be committed in
(1) Serious physical consideration of a price, reward, or promise
The crimes are not
injuries,
specified; it is enough
(2) Less serious When this AC is present, there must be 2 or more
that they may be
physical injuries, principals:
embraced under the
(3) Robbery, (1) The one who gives or offers the price or
same title of the
(4) Theft, promise; and
Revised Penal Code
(5) Estafa or swindling (2) The one who accepts it.
and
(6) Falsification Both of whom are principals to the former,
There is a time limit of because he directly induces the latter to commit
not more than 10 years the crime, and the latter because he commits it.
between every
There is no time limit conviction computed When this AC is present, it affects not only the
between the first from the first conviction person who received the price or reward, but also
conviction and the or release from the person who gave it.
subsequent conviction. punishment thereof to
Recidivism is conviction computed The evidence must show that one of the accused
imprescriptible. from the second used money or valuable consideration for the
conviction or release purpose of inducing another to perform the deed.
therefrom to the third [U.S. v. Gamao]
conviction and so on
If without previous promise it was given
Habitual delinquency is voluntarily after a crime was committed as an
a special aggravating expression of his appreciation for the sympathy
It is a generic circumstance, hence it and aid shown by the other accused, it should not
aggravating cannot be offset by any be taken into consideration for the purpose of
circumstance, which mitigating increasing the penalty.
can be offset by an circumstance.
ordinary mitigating Aside from the The price, reward or promise:
circumstance. penalty prescribed by Need not consist of or refer to material things;
If not offset, it would law for the crime or
only increase the committed, an That the same were actually delivered,
penalty prescribed by additional penalty shall
It being sufficient that the offer made by the
law for the crime be imposed depending
principal by inducement was accepted by the
committed to its upon whether it is
principal by direct participation before the
maximum period already the third
commission of the offense.
conviction, the fourth,
the fifth and so on
Basis: Greater perversity of the offender, as shown
by the motivating power itself.
Since reiteracion provides that the accused has
duly served the sentence for previous
conviction/s, or is legally considered to have done
so, quasi-recidivism cannot at the same time

PAGE 60
UP LAW BOC
Par. 12. That the crime be committed by
means of inundation, fire, poison, explosion,
stranding of a vessel or intentional damage
thereto, derailment of a locomotive, or by the
use of any other artifice involving great waste
and ruin
Unless used by the offender as a means to
accomplish a criminal purpose, any of the
circumstances in paragraph 12 cannot be
considered to increase the penalty or to change
the nature of the offense.
When another AC already qualifies the crime, any
of these ACs shall be considered as generic
aggravating circumstance only.
Fire is not aggravating in the crime of arson.
Whenever a killing is done with the use of fire, as
when you kill someone, you burn down his house
while the latter is inside, this is murder.
There is no such crime as murder with arson or
arson with homicide. The crime is only murder.
If the intent is to destroy property The crime is
arson even if someone dies as a consequence.
If the intent is to kill There is murder even if the
house is burned in the process.
Basis: Means and ways employed.
Par. 13. That the act be committed with
evident premeditation
Requisites:
(a) The time when the offender determined to
commit the crime;
(b) An act manifestly indicating that the culprit
has clung to his determination; and
(c) A sufficient lapse of time between the
determination and execution, to allow him to
reflect upon the consequences of his act and
to allow his conscience to overcome the
resolution of his will.
Evident premeditation implies
A deliberate planning of the act
Before executing it.
The essence of premeditation
CRIMINAL LAW 1 CRIMINAL LAW
An opportunity to coolly and serenely think and
deliberate
o On the meaning and
o Consequences of what he planned to do,
An interval long enough for his conscience and
better judgment to overcome his evil desire and
scheme. [People v. Durante]
The premeditation must be based upon
external facts, and must be evident, not merely
suspected indicating deliberate planning.
The date and time when the offender
determined to commit the crime is essential,
because the lapse of time for the purpose of the
third requisite is computed from that date and
time.
After the offenders had determined to commit
the crime, there must be a manifest indication
that they clung to their determination.
Where conspiracy is directly established, with
proof of the attendant deliberation and
selection of the method, time and means of
executing the crime, the existence of evident
premeditation can be taken for granted. [U.S. v.
Cornejo]
Evident premeditation is inherent in robbery,
adultery, estafa, and falsification. However, it
may be aggravating in robbery with homicide if
the premeditation included the killing of the
victim. [People v. Valeriano]
In order that premeditation may exist, it is not
necessary that the accused premeditated the
killing of a particular individual. If the offender
premeditated on the killing of any person
(general attack), it is proper to consider against
the offender the aggravating circumstance of
evident premeditation, because whoever is
killed by him is contemplated in the
premeditation. [US v. Manalinde, 1909]
Mere threats without the second element does
not show evident premeditation.
Basis: Reference to the ways of committing the
crime because evident premeditation implies a
deliberate planning of the act before executing it.
PAGE 61
UP LAW BOC CRIMINAL LAW 1
People v. Biso (2003)
Dario, a black belt in karate, entered an eatery,
seated himself beside Teresita and made sexual
advances to her in the presence of her brother,
Eduardo. Eduardo contacted his cousin, Biso, an
ex-convict and a known toughie in the area, and
related to him what Dario had done to Teresita.
Eduardo and Pio, and 2 others decided to
confront Dario. They positioned themselves in the
alley near the house of Dario. When Dario arrived
on board a taxicab, the four assaulted Dario.
Eduardo held, with his right hand, the wrist of
Dario and covered the mouth of Dario with his left
hand. The 2 others held Dario's right hand and
hair. Pio then stabbed Dario near the breast with
a fan knife. Eduardo stabbed Dario and fled with
his three companions from the scene.
Held: There was no evident premeditation. The
prosecution failed to prove that the four intended
to kill Dario and if they did intend to kill him, the
prosecution failed to prove how the malefactors
intended to consummate the crime. Except for
the fact that the appellant and his three
companions waited in an alley for Dario to return
to his house, the prosecution failed to prove any
overt acts on the part of the appellant and his
cohorts showing that that they had clung to any
plan to kill the victim.
Par. 14. That craft, fraud or disguise be
employed
Involves intellectual trickery and cunning on the
part of the accused.
It is employed as a scheme in the execution of
the crime.
Fraud Insidious words or machinations used
To induce the victim
To act in a manner
Which would enable the offender to carry out
his design.
Craft Craft and fraud may be:
Absorbed in treachery if they have been
deliberately adopted as the means, methods or
forms for the treacherous strategy, or
They may co-exist independently where they are
adopted for a different purpose in the
commission of the crime.
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CRIMINAL LAW
Fraud Craft
When there is a The act of the accused
DIRECT INDUCEMENT was done in order NOT
by insidious words or TO AROUSE
machinations SUSPICION
Disguise
Resorting to any device to conceal identity.
The test of disguise is
o Whether the device or contrivance resorted to
by the offender
o Was intended to or did make identification
more difficult, such as the use of a mask,
false hair or beard.
But if in spite of the use of handkerchief to
cover their faces, the culprits were recognized
by the victim, disguise is not considered
aggravating.
Basis: Means employed in the commission of the
crime.
People v. San Pedro
Where the accused pretended to hire the driver in
order to get his vehicle, it was held that there was
craft directed to the theft of the vehicle, separate
from the means subsequently used to
treacherously kill the defenseless driver.
People v. Labuguen (2000)
Craft involves intellectual trickery and cunning on
the part of the offender. When there is a direct
inducement by insidious words or machinations,
fraud is present. By saying that he would
accompany the victim to see the cows which the
latter intended to buy, appellant was able to lure
the victim to go with him.
Par. 15. That advantage be taken of superior
strength, or means be employed to weaken
the defense
To TAKE ADVANTAGE of superior strength
means
To use purposely excessive force
Out of proportion to the means of defense
available to the person attacked.
UP LAW BOC CRIMINAL LAW 1
Superiority may arise from
Aggressors sex, build, weapon or number
As compared to that of the victim (e.g. accused
attacked an unarmed girl with a knife; 3 men
stabbed to death the female victim).
No advantage of superior strength when
One who attacks is overcome with passion and
obfuscation or
When quarrel arose unexpectedly and the fatal
blow was struck while victim and accused were
struggling.
Versus by a band:
In the circumstance of abuse of superior strength,
what is taken into account is:
Not the number of aggressors nor the fact that
they are armed
But their relative physical might vis--vis the
offended party
Means employed to weaken defense
This circumstance is applicable only:
To crimes against persons and
Sometimes against person and property, such
as robbery with physical injuries or homicide.
Note: The means used must not totally eliminate
possible defense of the victim, otherwise it will fall
under treachery
Basis: Means employed in the commission of the
crime.
People v. Carpio
There must be evidence of notorious inequality of
forces between the offender and the offended
party in their age, size and strength, and that the
offender took advantage of such superior
strength in the commission of the crime. The
mere fact that there were two persons who
attacked the victim does not per se constitute
abuse of superior strength
People v. Lobrigas (2002)
The crime committed was murder qualified by the
aggravating circumstance of abuse of superior
strength. To appreciate abuse of superior
strength, there must be a deliberate intent on the
part of the malefactors to take advantage of their
greater number. They must have notoriously
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CRIMINAL LAW
selected and made use of superior strength in the
commission of the crime. To take advantage of
superior strength is to use excessive force that is
out of proportion to the means for self-defense
available to the person attacked; thus, the
prosecution must clearly show the offenders'
deliberate intent to do so.
People v. Sansaet (2002)
Mere superiority in number, even assuming it to
be a fact, would not necessarily indicate the
attendance of abuse of superior strength. The
prosecution should still prove that the assailants
purposely used excessive force out of proportion
to the means of defense available to the persons
attacked.
Finally, to appreciate the qualifying circumstance
of abuse of superior strength, what should be
considered is whether the aggressors took
advantage of their combined strength in order to
consummate the offense. To take advantage of
superior strength means to purposely use
excessive force out of proportion to the means
available to the person attacked to defend
himself.
Par. 16. That the act be committed with
treachery (alevosia)
Treachery when the offender commits any of
the crimes against the person, employing means,
methods, or forms in the execution thereof which
tend directly and specially to insure its execution,
without risk to himself arising from the defense
which the offended party might make.
Requisites:
(1) The employment of means of execution that
gave the person attacked no opportunity to
defend himself or retaliate; and
(2) That the offender consciously adopted the
particular means, method or form of attack
employed by him.
The essence of treachery is that by virtue of the
means, method or form employed by the
offender, the offended party was not able to put
up any defense.
If the offended party was able to put up a
defense, even only a token one, there is no
treachery.
UP LAW BOC CRIMINAL LAW 1
Instead, some other aggravating circumstance
may be present but it is no longer treachery.
Rules Regarding Treachery
(1) Applicable only to crimes against persons.
(2) Means, methods or forms need not insure
accomplishment or consummation of the
crime.
The treacherous character of the means
employed in the aggression does not
depend upon the result thereof but upon the
means itself. Thus, frustrated murder could
be aggravated by treachery.
(3) The mode of attack must be consciously
adopted.
The accused must make some preparation
to kill the deceased in such manner as to
insure the execution of the crime or to make
it impossible or hard for the person attacked
to defend himself or retaliate. [People v.
Tumaob]
It must be a result of meditation, calculation
or reflection. [U.S. v. Balagtas]
(4) Treachery cannot be presumed. The
suddenness of the attack does not, of itself,
suffice to support a finding of alevosia, even if
the purpose was to kill, so long as the decision
was made all of a sudden and the victims
helpless position was accidental [People v.
Lubreo]. It must be proved by clear and
convincing evidence [People v. Santos].
Attacks show intention to eliminate risk:
Victim asleep
Victim half-awake or just awakened
Victim grappling or being held.
Attacked from behind
Additional rules:
When the aggression is CONTINUOUS,
treachery must be present in the BEGINNING of
the assault.
When the assault WAS NOT CONTINUOUS, in
that there was an interruption, it is sufficient
that treachery was present AT THE MOMENT
THE FATAL BLOW WAS GIVEN.
Basis: Means and ways employed in the
commission of the crime.
People v. Malejana
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CRIMINAL LAW
Treachery may still be appreciated even when the
victim was forewarned of danger to his person.
What is decisive is that the execution of the attack
made it impossible for the victim to defend
himself or to retaliate. Thus, even a frontal attack
could be treacherous when unexpected and on
an unarmed victim who would be in no position to
repel the attack or avoid it.
Treachery cannot co-exist with passion and
obfuscation.
People v. Rendaje (2000)
To constitute treachery, two conditions must
concur: (1) the employment of means, methods or
manner of execution that would ensure the
offender's safety from any defense or retaliatory
act on the part of the offended party; and (2) the
offender's deliberate or conscious choice of the
means, method or manner of execution.
Treachery absorbs:
(1) Abuse of superior strength [U.S. v. Estopia]
(2) Use of means to weaken the defense [People v.
Siatong]
(3) Aid of armed men [People v. Ferrera]
(4) Nighttime [People v. Kintuan]
(5) Craft [People v. Malig]
(6) By a band [People v. Ampo-an]
Par. 17. That means be employed or
circumstances brought about which add
ignominy to the natural effects of the act
It is a circumstance pertaining to the moral
order, which adds disgrace to the material injury
caused by the crime.
The means employed or the circumstances
brought about must tend to make the effects of
the crime MORE HUMILIATING or TO PUT THE
OFFENDED PARTY TO SHAME.
Applicable to crimes against chastity, rape, less
serious physical injuries, light or grave coercion
and murder.
Raping a woman from behind is ignominous
because that is not the normal form of
intercourse, it is something which offends the
morals of the offended woman. This is how
animals do it.
Basis: Means employed.
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

People v. Torrefiel (1947) Unlawful entry is inherent in the crime of

The novelty of the manner in which the accused trespass to dwelling and robbery with force
raped the victim by winding cogon grass around upon things but aggravating in the crime of
his genitals augmented the wrong done by robbery with violence against or intimidation of
increasing its pain and adding ignominy thereto. persons.

People v. Cachola (2004) Basis: Means and ways employed to commit the
For ignominy to be appreciated, it is required that crime.
the offense be committed in a manner that tends
to make its effect more humiliating, thus adding Par. 19. That as a means to the commission of
to the victim's moral suffering. Where the victim the crime, a wall, roof, floor, door or window
was already dead when his body or a part thereof be broken
was dismembered, ignominy cannot be taken To be considered as an AC, breaking the door
against the accused. In this case, the information must be utilized as a means to the commission
states that Victorino's sexual organ was severed of the crime.
after he was shot and there is no allegation that it It is only aggravating in cases where the
was done to add ignominy to the natural effects offender resorted to any of said means TO
of the act. We cannot, therefore, consider ENTER the house.
ignominy as an aggravating circumstance. If the wall, etc. is broken in order to get out of
the place, it is not aggravating.
People v. Bumidang (2000)
Because of the phrase as a means to the
The aggravating circumstance of ignominy shall
commission of a crime, it is not necessary that
be taken into account if means are employed or
the offender should have entered the building.
circumstances brought about which add
What aggravates the liability of the offender is
ignominy to the natural effects of the offense; or
the breaking of a part of the building as a
if the crime was committed in a manner that
means to the commission of the crime.
tends to make its effects more humiliating to the
victim, that is, add to her moral suffering. It was
Basis: Means and ways employed to commit the
established that Baliwang used the flashlight and
crime.
examined the genital of Gloria before he ravished
her. He committed his bestial deed in the
Par. 20. That the crime be committed with the
presence of Gloria's old father. These facts clearly
aid of persons under fifteen years of age or by
show that Baliwang deliberately wanted to
means of motor vehicles, motorized
further humiliate Gloria, thereby aggravating and
watercraft, airships, or other similar means
compounding her moral sufferings. Ignominy was
appreciated in a case where a woman was raped
With the aid of persons under 15 years of age
in the presence of her betrothed, or of her
To repress, so far as possible, the frequent
husband, or was made to exhibit to the rapists
practice resorted to by professional criminals of
her complete nakedness before they raped her.
availing themselves of minors taking advantage
of their lack of criminal responsibility (remember
Par. 18. That the crime be committed after an
that minors are given leniency when they commit
unlawful entry.
a crime)
Unlawful Entry
There is unlawful entry when an entrance is
effected by a way not intended for the purpose.
Unlawful entry must be a means to effect
entrance and not for escape.
There is no unlawful entry when the door is
broken and thereafter the accused made an
entry thru the broken door. The breaking of the
door is covered by paragraph 19.

PAGE 65
UP LAW BOC CRIMINAL LAW 1
By means of a motor vehicle
To counteract the great facilities found by
modern criminals in said means to commit crime
and flee and abscond once the same is
committed.
This circumstance is aggravating only when used
in the commission of the offense.
If motor vehicles are used only in the escape of
the offender, it is not aggravating. It must have
been used to facilitate the commission of the
crime to be aggravating.
Or other similar means the expression should
be understood as referring to
MOTORIZED vehicles or
Other efficient means of transportation similar
to automobile or airplane.
Basis: Means and ways employed to commit the
crime.
Par. 21. That the wrong done in the
commission of the crime be deliberately
augmented by causing other wrong not
necessary for its commission
Requisites:
(a) That the injury caused be deliberately
increased by causing other wrong;
(b) That the other wrong be unnecessary for the
execution of the purpose of the offender.
For it to exist, it must be shown that the accused
enjoyed and delighted in making his victim suffer.
If the victim was already dead when the acts of
mutilation were being performed, this would also
qualify the killing to murder due to outraging of
his corpse.
Basis: Ways employed to commit the crime.
Ignominy Cruelty
Shocks the moral
Physical
conscience of man
Refers to the moral Refers to the physical
effect of a crime and it suffering of the victim
pertains to the moral so he has to be alive
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CRIMINAL LAW
order, whether or not
the victim is dead or
alive
People v. Catian (2002)
Catian repeatedly struck Willy with a "chako" on
the head, causing Willy to fall on his knees.
Calunod seconded by striking the victim with a
piece of wood on the face. When Willy finally
collapsed, Sumalpong picked him up, carried him
over his shoulder, and carried Willy to a place
where they burned Willy. The latters skeletal
remains were discovered by a child who was
pasturing his cow near a peanut plantation.
Held: The circumstance of cruelty may not be
considered as there is no showing that the victim
was burned while he was still alive. For cruelty to
exist there must be proof showing that the
accused delighted in making their victim suffer
slowly and gradually, causing him unnecessary
physical and moral pain in the consummation of
the criminal act. No proof was presented that
would show that accused-appellants deliberately
and wantonly augmented the suffering of their
victim.
People v. Guerrero (2002)
Appellant first severed the victim's head before
his penis was cut-off. This being the sequence of
events, cruelty has to be ruled out for it connotes
an act of deliberately and sadistically
augmenting the wrong by causing another wrong
not necessary for its commission, or inhumanely
increasing the victim's suffering. As testified to by
Dr. Sanglay, and reflected in her medical
certificate, Ernesto in fact died as a result of his
head being severed. No cruelty is to be
appreciated where the act constituting the
alleged cruelty in the killing was perpetrated
when the victim was already dead.
UP LAW BOC CRIMINAL LAW 1
QUALIFYING AGGRAVATING
CIRCUMSTANCES
Decree Codifying the Laws on Illegal/
Unlawful Possession, Manufacture, Dealing
in, Acquisition or Disposition, of Firearms,
Ammunition or Explosives (P.D. 1866, as
amended by R.A. No. 8294) as an aggravating
circumstance
Acts punished
(1) Unlawful manufacture, sale, acquisition,
disposition or possession of firearms or
ammunition or instruments used or intended
to be used in the manufacture of firearms or
ammunition PROVIDED, That no other crime
is committed.
(a) If homicide or murder is committed with the
use of an unlicensed firearm, such use of an
unlicensed firearm shall be considered as
an aggravating circumstance.
(b) If the violation of this section is in
furtherance of or incident to, or in
connection with the crime of rebellion or
insurrection, sedition, or attempted coup
d'etat, such violation shall be absorbed as
an element of the crime of rebellion, or
insurrection, sedition, or attempted coup
d'etat.
(2) Unlawful manufacture, sale, acquisition,
disposition or possession of explosives.
(a) When a person commits any of the crimes
defined in the Revised Penal Code or special
laws
With the use of the aforementioned
explosives, detonation agents or incendiary
devices, which results in the death of any
person or persons,
The use of such explosives, detonation
agents or incendiary devices shall be
considered as an aggravating
circumstance.
(3) Tampering of firearm's serial number.
(4) Repacking or altering the composition of
lawfully manufactured explosives.
People vs. De Gracia (1994)
Ownership is not an essential element of illegal
possession of firearms and ammunition.
PAGE 67
CRIMINAL LAW
What the law requires is merely possession which
includes not only actual physical possession but
also constructive possession.
Palaganas vs. Court of Appeals (2006)
With the passage of Republic Act. No. 8294 on 6
June 1997, the use of an unlicensed firearm in
murder or homicide is now considered as a
SPECIAL aggravating circumstance and not a
generic aggravating circumstance.
People vs. Ladjaalam (2000)
If an unlicensed firearm is used in the commission
of any crime, there can be no separate offense of
simple illegal possession of firearms.
Hence, if the other crime is murder or homicide,
illegal possession of firearms becomes merely an
aggravating circumstance, not a separate
offense.
Since direct assault with multiple attempted
homicide was committed in this case, appellant
can no longer be held liable for illegal possession
of firearms.
The Comprehensive Dangerous Drugs Act of
2002 (R.A. No. 9165)
As a qualifying aggravating circumstance
Sec. 25. Qualifying Aggravating Circumstances in
the Commission of a Crime by an Offender Under
the Influence of Dangerous Drugs.
Notwithstanding the provisions of any law to the
contrary, a positive finding for the use of
dangerous drugs shall be a qualifying aggravating
circumstance in the commission of a crime by an
offender, and the application of the penalty
provided for in the Revised Penal Code shall be
applicable.
Immunity from prosecution and punishment,
coverage
Sec. 33. Immunity from Prosecution and
Punishment. Notwithstanding the provisions of
Section 17, Rule 119 of the Revised Rules of
Criminal Procedure and the provisions of Republic
Act No. 6981 or the Witness Protection, Security
and Benefit Act of 1991, any person who has
violated Sections 7, 11, 12, 14, 15, and 19, Article II
of this Act, who voluntarily gives information
about any violation of Sections 4, 5, 6, 8, 10, 13,
UP LAW BOC CRIMINAL LAW 1
and 16, Article II of this Act as well as any violation
of the offenses mentioned if committed by a drug
syndicate, or any information leading to the
whereabouts, identities and arrest of all or any of
the members thereof; and who willingly testifies
against such persons as described above, shall be
exempted from prosecution or punishment for the
offense with reference to which his/her
information or testimony were given, and may
plead or prove the giving of such information and
testimony in bar of such prosecution: Provided,
That the following conditions concur:
(1) The information and testimony are necessary
for the conviction of the persons described
above;
(2) Such information and testimony are not yet in
the possession of the State;
(3) Such information and testimony can be
corroborated on its material points;
(4) The informant or witness has not been
previously convicted of a crime involving moral
turpitude, except when there is no other direct
evidence available for the State other than the
information and testimony of said informant or
witness; and
(5) The informant or witness shall strictly and
faithfully comply without delay, any condition
or undertaking, reduced into writing, lawfully
imposed by the State as further consideration
for the grant of immunity from prosecution and
punishment.
Provided, further, That this immunity may be
enjoyed by such informant or witness who does
not appear to be most guilty for the offense with
reference to which his/her information or
testimony were given: Provided, finally, That there
is no direct evidence available for the State except
for the information and testimony of the said
informant or witness.
Sec. 34. Termination of the Grant of Immunity.
The immunity granted to the informant or witness,
as prescribed in Section 33 of this Act, shall not
attach should it turn out subsequently that the
information and/or testimony is false, malicious or
made only for the purpose of harassing, molesting
or in any way prejudicing the persons described in
the preceding Section against whom such
information or testimony is directed against. In
such case, the informant or witness shall be
subject to prosecution and the enjoyment of all
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CRIMINAL LAW
rights and benefits previously accorded him under
this Act or any other law, decree or order shall be
deemed terminated.
In case an informant or witness under this Act
fails or refuses to testify without just cause, and
when lawfully obliged to do so, or should he/she
violate any condition accompanying such
immunity as provided above, his/her immunity
shall be removed and he/she shall likewise be
subject to contempt and/or criminal prosecution,
as the case may be, and the enjoyment of all
rights and benefits previously accorded him under
this Act or in any other law, decree or order shall
be deemed terminated.
In case the informant or witness referred to
under this Act falls under the applicability of this
Section hereof, such individual cannot avail of the
provisions under Art. VIII of this Act.
Minor offenders
Sec. 66. Suspension of Sentence of a First-Time
Minor Offender. An accused who is over fifteen
(15) years of age at the time of the commission of
the offense mentioned in Section 11 of this Act, but
not more than eighteen (18) years of age at the
time when judgment should have been
promulgated after having been found guilty of
said offense, may be given the benefits of a
suspended sentence, subject to the following
conditions:
(a) He/she has not been previously convicted of
violating any provision of this Act, or of the
Dangerous Drugs Act of 1972, as amended; or
of the Revised Penal Code; or of any special
penal laws;
(b) He/she has not been previously committed to
a Center or to the care of a DOH-accredited
physician; and
(c) The Board favorably recommends that his/her
sentence be suspended.
While under suspended sentence, he/she shall be
under the supervision and rehabilitative
surveillance of the Board, under such conditions
that the court may impose for a period ranging
from six (6) months to eighteen (18) months.
Upon recommendation of the Board, the court
may commit the accused under suspended
sentence to a Center, or to the care of a DOH-
accredited physician for at least six (6) months,
with after-care and follow-up program for not
more than eighteen (18) months.
UP LAW BOC CRIMINAL LAW 1
In the case of minors under fifteen (15) years of
age at the time of the commission of any offense
penalized under this Act, Article 192 of
Presidential Decree No. 603, otherwise known as
the Child and Youth Welfare Code, as amended by
Presidential Decree No. 1179 shall apply, without
prejudice to the application of the provisions of
this Section.
Sec. 67. Discharge After Compliance with
Conditions of Suspended Sentence of a First-Time
Minor Offender. If the accused first time minor
offender under suspended sentence complies with
the applicable rules and regulations of the Board,
including confinement in a Center, the court, upon
a favorable recommendation of the Board for the
final discharge of the accused, shall discharge the
accused and dismiss all proceedings.
Upon the dismissal of the proceedings against
the accused, the court shall enter an order to
expunge all official records, other than the
confidential record to be retained by the DOJ
relating to the case. Such an order, which shall be
kept confidential, shall restore the accused to
his/her status prior to the case. He/she shall not
be held thereafter to be guilty of perjury or of
concealment or misrepresentation by reason of
his/her failure to acknowledge the case or recite
any fact related thereto in response to any inquiry
made of him for any purpose.
Sec. 68. Privilege of Suspended Sentence to be
Availed of Only Once by a First-Time Minor
Offender. The privilege of suspended sentence
shall be availed of only once by an accused drug
dependent who is a first-time offender over fifteen
(15) years of age at the time of the commission of
the violation of Section 15 of this Act but not more
than eighteen (18) years of age at the time when
judgment should have been promulgated.
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CRIMINAL LAW
ec. 69. Promulgation of Sentence for First-Time
Minor Offender. If the accused first-time minor
offender violates any of the conditions of his/her
suspended sentence, the applicable rules and
regulations of the Board exercising supervision
and rehabilitative surveillance over him, including
the rules and regulations of the Center should
confinement be required, the court shall
pronounce judgment of conviction and he/she
shall serve sentence as any other convicted
person.
Sec. 70. Probation or Community Service for a
First-Time Minor Offender in Lieu of Imprisonment.
Upon promulgation of the sentence, the court
may, in its discretion, place the accused under
probation, even if the sentence provided under
this Act is higher than that provided under
existing law on probation, or impose community
service in lieu of imprisonment. In case of
probation, the supervision and rehabilitative
surveillance shall be undertaken by the Board
through the DOH in coordination with the Board
of Pardons and Parole and the Probation
Administration. Upon compliance with the
conditions of the probation, the Board shall
submit a written report to the court
recommending termination of probation and a
final discharge of the probationer, whereupon the
court shall issue such an order.
The community service shall be complied with
under conditions, time and place as may be
determined by the court in its discretion and upon
the recommendation of the Board and shall apply
only to violators of Section 15 of this Act. The
completion of the community service shall be
under the supervision and rehabilitative
surveillance of the Board during the period
required by the court. Thereafter, the Board shall
render a report on the manner of compliance of
said community service. The court in its discretion
may require extension of the community service or
order a final discharge.
In both cases, the judicial records shall be
covered by the provisions of Sections 60 and 64 of
this Act.
If the sentence promulgated by the court
requires imprisonment, the period spent in the
Center by the accused during the suspended
sentence period shall be deducted from the
sentence to be served.
UP LAW BOC CRIMINAL LAW 1
Sec. 71. Records to be kept by the Department of
Justice. The DOJ shall keep a confidential record
of the proceedings on suspension of sentence and
shall not be used for any purpose other than to
determine whether or not a person accused under
this Act is a first-time minor offender
Application/Non application of RPC provisions
(Sec. 98, R.A. No. 9165) provisions (Sec. 98) cf.
Art. 10, RPC
Sec. 98, RA 9165. Limited Applicability of the
Revised Penal Code. Notwithstanding any law,
rule or regulation to the contrary, the provisions of
the Revised Penal Code (Act No. 3814), as
amended, shall not apply to the provisions of this
Act, except in the case of minor offenders. Where
the offender is a minor, the penalty for acts
punishable by life imprisonment to death
provided herein shall be reclusion perpetua to
death.
Art. 10, RPC. Offenses not subject to the provisions
of this Code. Offenses which are or in the future
may be punishable under special laws are not
subject to the provisions of this Code. This Code
shall be supplementary to such laws, unless the
latter should specially provide the contrary.
OTHER AGGRAVATING CIRCUMSTANCES
Organized or Syndicated Crime Group [Art. 62,
RPC]
Organized or syndicated crime group:
(a) A group of two or more persons
(b) Collaborating, confederating or mutually
helping one another
(c) For the purpose of gain in the commission of a
crime.
Special aggravating circumstance
The maximum penalty shall be imposed if the
offense was committed by any person who
belongs to an organized or syndicated crime
group.
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CRIMINAL LAW
ALTERNATIVE CIRCUMSTANCES
THREE TYPES of alternative circumstances under
Art. 15:
(1) Relationship
(2) Intoxication
(3) Degree of education/instruction
Alternative Circumstances are circumstances
which must be taken in consideration as
aggravating or mitigating according to the nature
and effects of the crime
RELATIONSHIP
(1) Spouse
(2) Ascendant
(3) Descendant
(4) Legitimate, natural, or adopted Brother or
Sister
(5) Relative by Affinity in the same degree of the
offender
WHERE RELATIONSHIP IS EXEMPTING
(1) An accessory who is related to the principal
within the relationship prescribed in Art. 20
except if accessory falls within Par. 1 of Art. 19;
(2) A legally married person who having surprised
his spouse in the act of committing sexual
intercourse with another person who shall
inflict upon them physical injuries of any other
kind (i.e. less serious and slight physical
injuries). [Art. 247, RPC]
(3) Spouses, ascendants and descendants, or
relatives by affinity in the same line who
committed the crime of theft, malicious
mischief or swindling (estafa) but there is civil
liability. [Art. 332, RPC]
WHERE RELATIONSHIP IS AGGRAVATING
(1) In CRIMES AGAINST PERSONS in cases where
The offended party is a relative of a higher
degree than the offender (grandson kills
grandfather), or
When the offender and the offended party are
relatives of the same level, as killing a
brother, a brother-in-law, a half-brother or
adopted brother.
(2) When the crime is SERIOUS PHYSICAL
INJURIES (Art. 263), even if the offended party
is a descendant of the offender, relationship is
AGGRAVATING.
UP LAW BOC CRIMINAL LAW 1
But the serious physical injuries must not be
inflicted by a parent upon his child by
excessive chastisement.
(3) When the crime is LESS SERIOUS PHYSICAL
INJURIES OR SLIGHT PHYSICAL INJURIES if
the offended party is a relative of a higher
degree than the offender
(4) When the crime is HOMICIDE OR MURDER if
the victim of the crime is a relative of lower
degree.
(5) In CRIMES AGAINST CHASTITY relationship is
always aggravating
WHERE RELATIONSHIP IS MITIGATING
(1) In Crimes against property, by analogy to the
provisions of Art. 332, relationship is
mitigating in the crimes of robbery [Arts. 294-
3-2], usurpation [Art. 312], fraudulent
insolvency [Art. 314] and arson [Arts. 321-322,
325-326]
(2) When the crime is less serious or slight
physical injuries if the offended party is a
relative of a lower degree than the offender.
People v. Atop (1998)
11-year-old Regina lives with her grandmother.
Atop is the common-law husband of her
grandmother. Atop was found guilty of 4 counts
of rape which was committed in 1993 (2x), 1994
and 1995. The lower court took into account the
Aggravating Circumstance of relationship.
Held: The law cannot be stretched to include
persons attached by common-law relations. In
this case, there is no blood relationship or legal
bond that links Atop to his victim
People v. Marcos (2001)
In order that the alternative circumstance of
relationship may be taken into consideration in
the imposition of the proper penalty, the offended
party must either be the (a) spouse, (b)
ascendant, (c) descendant, (d) legitimate, natural
or adopted brother or sister, or (e) relative by
affinity in the same degree, of the offender.. The
rule is that relationship is aggravating in crimes
against persons as when the offender and the
offended party are relatives of the same level,
such as killing a brother.
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CRIMINAL LAW
INTOXICATION
It is only the circumstance of intoxication which
(a) If not mitigating,
(b) Is automatically aggravating.
WHEN MITIGATING
(1) There must be an indication that
(a) Because of the alcoholic intake of the
offender,
(b) He is suffering from diminished self-
control.
(c) It is not the quantity of alcoholic drink.
(d) Rather it is the effect of the alcohol upon
the offender which shall be the basis of the
mitigating circumstance.
(2) That offender is
(a) Not a habitual drinker and
(b) Did not take alcoholic drink with the
intention to reinforce his resolve to commit
crime
WHEN AGGRAVATING
(1) If intoxication is habitual
(2) If it is intentional to embolden offender to
commit crime
DEGREE OF INSTRUCTION/
EDUCATION
Refers to the lack of sufficient intelligence of
and knowledge of the full significance of ones
act
Being illiterate does not mitigate liability if
crime committed is one which one inherently
understands as wrong (e.g. parricide)
To be considered mitigating, degree of
instruction must have some reasonable
connection to the offense.
ABSOLUTORY CAUSES
(1) Instigation
(2) Pardon
(3) Other absolutory causes
(4) Acts not covered by law and in case of
excessive punishment
Absolutory Causes those where the act
committed is a crime but for reasons of public
policy and sentiment there is no penalty imposed.
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

INSTIGATION introduced Yap to Pacis as an interested buyer.

They negotiated the sale of kg of shabu. Pacis
Entrapment Instigation
handed to Yap a paper bag with the markings
Ways and means are The instigator "Yellow Cab". While examining it, Pacis asked for
resorted to for the practically induces the the payment. Yap gave the "boodle money" to
purpose of trapping would-be accused into Pacis. Upon Pacis's receipt of the payment, the
and capturing the the commission of the officers identified themselves as NBI agents and
lawbreaker in the offense and himself arrested him.
execution of his becomes a co-
criminal plan principal. Held: The operation that led to the arrest of
The law enforcer appellant was an entrapment, not instigation. In
conceives the entrapment, ways and means are resorted to for
The means originate the purpose of trapping and capturing
commission of the
from the mind of the lawbreakers in the execution of their criminal
crime and suggests to
criminal. plan. In instigation, instigators practically induce
the accused who
carries it into execution. the would-be defendant into the commission of
the offense and become co-principals
A public officer or a themselves. Entrapment is sanctioned by law as a
A person has planned
private detective legitimate method of apprehending criminal
or is about to commit a
induces an innocent elements engaged in the sale and distribution of
crime and ways and
person to commit a illegal drugs.
means are resorted to
crime and would arrest
by a public officer to
him upon or after the US v. Phelps (1910)
trap and catch the
commission of the Phelps was charged and found guilty for violating
criminal.
crime by the latter. the Opium Law (Act No. 1761). Phelps was
The accused must be induced by Smith, an employee of the Bureau of
Not a bar to the Internal Revenue, into procuring opium, providing
acquitted because the
prosecution and for a venue and making arrangements for the two
offender simply acts as
conviction of the of them to smoke opium.
a tool of the law
lawbreaker.
enforcers
Held: Smith not only suggested the commission
Example of entrapment: of the crime but also expressed his desire to
A, a government anti-narcotics agent, acted as a commit the offense in paying the amount
poseur buyer of shabu and negotiated with B, a required for the arrangements. Such acts done by
suspected drug pusher who is unaware that A is a employees of government in encouraging or
police officer. A then paid B in marked money and inducing persons to commit a crime in order to
the latter handed over a sachet of shabu. Upon prosecute them are most reprehensible.
signal, the cops closed in on B
PARDON
Example of instigation: General rule: Pardon does not extinguish criminal
A, leader of an anti-narcotics team, approached action [Art. 23].
and persuaded B to act as a buyer of shabu and
transact with C, a suspected pusher. B was given Exception: Pardon by marriage between the
marked money to pay C for a sachet of shabu. accused and the offended party in cases of
After the sale was consummated, the cops closed SEDUCTION, ABDUCTION, RAPE AND ACTS OF
in and arrested both B and C. LASCIVIOUSNESS [Art. 344].

People v. Pacis (2002)

Yap, an NBI agent, received information that a
Pacis was offering to sell kg of "shabu." A buy-
bust operation was approved. The informant

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UP LAW BOC CRIMINAL LAW 1
OTHER ABSOLUTORY CAUSES
(1) Spontaneous desistance [Art. 6]
(2) Light felonies not consummated [Art. 7]
(3) Accessories in light felonies
(4) Accessories exempt under Art. 20
(5) Trespass to dwelling to prevent serious harm
to self [Art. 280]
(6) Exemption from criminal liability in crimes
against property
(7) Under Article 332, exemptions from criminal
liability for cases of theft, swindling and
malicious mischief. There would only be civil
liability.
(8) Death under exceptional circumstances [Art.
247]
(9) Under Article 219, discovering secrets
through seizure of correspondence of the
ward by their guardian is not penalized.
(10) Ways on how criminal liability is extinguished
under Art. 89.
ACTS NOT COVERED BY LAW AND IN
CASE OF EXCESSIVE PUNISHMENT
Art. 5, RPC. Duty of the court in connection with
acts which should be repressed but which are not
covered by the law, and in cases of excessive
penalties.
(1) Whenever a court has knowledge of any act
which it may deem proper to repress and which
is not punishable by law, it shall render the
proper decision, and shall report to the Chief
Executive, through the Department of Justice,
the reasons which induce the court to believe
that said act should be made the subject of
legislation.
(2) In the same way, the court shall submit to the
Chief Executive, through the Department of
Justice, such statement as may be deemed
proper, without suspending the execution of
the sentence, when a strict enforcement of the
provisions of this Code would result in the
imposition of a clearly excessive penalty, taking
into consideration the degree of malice and the
injury caused by the offense.
ART. 5 COVERS TWO SITUATIONS:
(1) Where the court cannot convict the accused
because the act he committed is not
punishable under the law, but the court deems
it proper to repress such act.
The proper judgment is acquittal.
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CRIMINAL LAW
The judge must report to the Chief Executive
that said act be made subject of penal
legislation and the reasons therefore.
(2) Where the court after trial finds the accused
guilty, and the penalty prescribed for the crime
appears too harsh considering the conditions
surrounding the commission of the crime,
The judge should impose the law (not
suspend the execution of the sentence).
The most that he could do is recommend to
the Chief Executive to grant executive
clemency.
People v. Veneracion (1995)
Held: The law plainly and unequivocally provides
that when by reason or on the occasion of rape,
a homicide is committed, the penalty shall be
death. Courts are not concerned with wisdom,
efficacy or morality of law. The discomfort faced
by those forced by law to impose death penalty is
an ancient one, but it is a matter upon which
judges have no choice. The Rules of Court
mandates that after an adjudication of guilt, the
judges should impose the proper penalty and civil
liability provided for by the law on the accused.
EXTENUATING CIRCUMSTANCES
Circumstances which mitigate the criminal
liability of the offender but not found in Article 13
Illustration:
A kleptomaniac is criminally liable. But he would
be given the benefit of a mitigating circumstance
analogous to paragraph 9 of Article 13, that of
suffering from an illness which diminishes the
exercise of his will power without, however,
depriving him of the consciousness of his act.
An unwed mother killed her child in order to
conceal a dishonor. The concealment of dishonor
is an extenuating circumstance insofar as the
unwed mother or the maternal grandparents are
concerned, but not insofar as the father of the
child is concerned. Mother killing her new born
child to conceal her dishonor, penalty is lowered
by two degrees. Since there is a material lowering
of the penalty or mitigating the penalty, this is an
extenuating circumstance.
UP LAW BOC
Persons Criminally Liable/
Degree of Participation
Under the Revised Penal Code, when more than
one person participated in the commission of the
crime, the law looks into their participation
because in punishing offenders, the Revised
Penal Code classifies them as:
(1) Principal
(2) Accomplice
(3) Accessory
This classification is true only under the RPC
and is not applied under special laws, because
the penalties under the latter are never
graduated.
Do not use the term principal when the crime
committed is a violation of special law (use the
term offender/s, culprit/s, accused)
As to the liability of the participants in the grave,
less grave or light felony:
When the felony is grave, or less grave, all
participants are criminally liable.
But when the felony is only light, only the
principal and the accomplice are liable. The
accessory is not.
Basis: In the commission of light felonies, the
social wrong as well as the individual prejudice is
so small that penal sanction is deemed not
necessary.
PRINCIPAL
(1) By direct participation
(2) By inducement
(3) By indispensable cooperation
CRIMINAL LAW 1 CRIMINAL LAW
PRINCIPAL
PARTICIPATION
BY DIRECT
REQUISITES:
(1) That they participated in the criminal
resolution; and
(2) That they participated in the criminal
resolution; and
(3) That they carried out their plan and personally
took part in its execution by acts which directly
tended to the same end.
THOSE WHO ARE LIABLE (PARTICIPATED IN
THE CRIMINAL RESOLUTION):
Materially execute the crime;
Appear at the scene of the crime;
Perform acts necessary in the commission of
the offense.
WHY ONE WHO DOES NOT APPEAR AT THE
SCENE OF THE CRIME IS NOT LIABLE:
His non-appearance is deemed desistance
which is favored and encouraged.
Conspiracy is generally not a crime unless the
law specifically provides a penalty therefore.
There is no basis for criminal liability because
there is no criminal participation.
PRINCIPAL BY INDUCEMENT
ELEMENTS:
(a) That the inducement be made directly with
the intention of procuring the commission of
the crime;
(b) That such inducement be the determining
cause of the commission of the crime by the
material executor.
TWO WAYS OF BECOMING PRINCIPAL BY
INDUCEMENT
By directly forcing another to commit a crime
(1) Using irresistible force - such physical force as
would produce an effect upon the individual
that despite all his resistance, it reduces him
to a mere instrument.
(2) Causing uncontrollable fear such fear that
must be grave, actual, serious and of such kind
that majority of men would succumb to such
moral compulsion. The latter must be such as
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UP LAW BOC
to leave a reasonable fear for ones life or limb
and not speculative, fanciful or remote fear.
By directly inducing another to commit a crime
by:
(1) Giving of price, or offering of reward or promise.
The one giving the price or offering the reward or
promise is a principal by inducement while the
one committing the crime in consideration
thereof is a principal by direct participation.
(2) Using words of command.
The person who used the words of command is a
principal by inducement while the person who
committed the crime because of the words
command is a principal by direct participation.
(a) That the one uttering the words of command
must have the intention of procuring the
commission of the crime;
(b) That the one who made the command must
have an ascendancy or influence over the
person who acted;
(c) That the words used must be so direct, so
efficacious, so powerful as to amount to
physical or moral coercion;
(d) That the words of command must be uttered
prior to the commission of the crime; and
(e) The material executor of the crime has no
personal reason to commit the crime.
Inducement must be strong enough that the
person induced could not resist.
This is tantamount to an irresistible force
compelling the person induced to carry out the
crime.
Ill-advised language is not enough unless he who
made such remark or advice is a co-conspirator in
the crime committed.
When does a principal by induction become
liable?
The principal by induction becomes liable only
when the principal by direct participation
committed the act induced.
The inducement must precede the act induced
and must be so influential in producing the
criminal act that without it, the act would not
have been performed.
CRIMINAL LAW 1 CRIMINAL LAW
What are the effects of acquittal of principal
by direct participation upon the liability of
principal by inducement?
Conspiracy is negated by the acquittal of co-
defendant.
Illustration:
While in the course of a quarrel, a person shouted
to A, Kill him! Kill him! A killed the other person.
Is the person who shouted criminally liable? Is
that inducement? No. The shouting must be an
irresistible force for the one shouting to be liable.
People v. Valderrama (1993)
Ernesto shouted to his younger brother Oscar,
Birahin mo na, birahin mo na! Oscar stabbed
the victim.
It was held that there was no conspiracy.
Joint or simultaneous action per se is not indicia
of conspiracy without showing of common
design. Oscar has no rancor with the victim for
him to kill the latter. Considering that Ernesto
had great moral ascendancy and influence over
Oscar, being much older (35 years old) than the
latter, who was 18 years old, and it was Ernesto
who provided his allowance, clothing as well as
food and shelter,
Ernesto is principal by inducement.
People v. Agapinay (1990)
The one who uttered kill him, we will bury him
while the felonious aggression was taking place
cannot be held liable as principal by inducement.
Utterance was said in the excitement of the hour,
not a command to be obeyed.
People v. Madall (1990)
The son was mauled.
The family was not in good terms with their
neighbors. The father challenged everybody and
when the neighbors approached, he went home
to get a rifle.
The shouts of his wife (Here comes another,
shoot him) cannot make the wife a principal by
inducement.
PAGE 75
UP LAW BOC CRIMINAL LAW 1
It is not the determining cause of the crime in the
absence of proof that the words had great
influence over the husband.
Neither is the wifes act of beaming the victim
with a flashlight indispensable to the killing. She
assisted her husband in taking good aim, but
such assistance merely facilitated the felonious
act of shooting.
Considering that it was not so dark and the
husband could have accomplished the deed
without his wifes help, and considering further
that doubts must be resolved in favor of the
accused, the liability of the wife is only that of an
accomplice.
PRINCIPAL BY INDISPENSABLE
COOPERATION
ELEMENTS:
(a) Participation in the criminal resolution, that is,
there is either anterior conspiracy or unity of
criminal purpose and intention immediately
before the commission of the crime charged;
Requires participation in the criminal
resolution
There must be conspiracy
Concurrence is sufficient
(b) Cooperation in the commission of the offense
by performing another act, without which it
would have been accomplished.
Cooperation must be indispensable
If dispensable, accused is only an
accomplice
If cooperation is necessary in the execution
of the offense, accused is considered as a
principal by direct participation.
Cooperation in the commission of the offense to
desire or wish in common a thing. But that
common will or purpose does not necessarily
mean a previous understanding, for it can be
explained or inferred from the circumstances of
each case.
COLLECTIVE CRIMINAL
RESPONSIBILITY
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CRIMINAL LAW
This is present when the offenders are criminally
liable in the same manner and to the same
extent. The penalty to be imposed must be the
same for all.
Principals by direct participation have collective
criminal responsibility. Principals by induction,
except those who directly forced another to
commit a crime, and principals by direct
participation have collective criminal
responsibility. Principals by indispensable
cooperation have collective criminal
responsibilities with the principals by direct
participation.
INDIVIDUAL CRIMINAL
RESPONSIBILITY
In the absence of any previous conspiracy, unity of
criminal purpose and intention immediately
before the commission of the crime, or
community of criminal design, the criminal
responsibility arising from different acts directed
against one and the same person is individual
and not collective, and each of the participants is
liable only for the act committed by him.
The basis is the importance of the cooperation to
the consummation of the crime.
If the crime could hardly be committed without
such cooperation, then such cooperator would
be a principal.
If the cooperation merely facilitated or
hastened the consummation of the crime, the
cooperator is merely an accomplice.
The focus is not just on participation but on the
importance of participation in committing the
crime.
In case of doubt, favor the lesser penalty or
liability. Apply the doctrine of pro reo.
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

ACCOMPLICE (a) That there be community of design; that is,

Accomplices are persons who, not acting as
principals, cooperate in the execution of the
offense by previous and simultaneous acts, which
are not indispensable to the commission of the
crime.
They act as mere instruments that perform acts
not essential to the perpetration of the offense.
WHEN IS ONE REGARDED AS AN
ACCOMPLICE?
Determine if there is a conspiracy.
If there is, as a general rule, the criminal liability
of all will be the same, because the act of one is
the act of all.
knowing the criminal design of the principal by
direct participation, he concurs with the latter
in his purpose;
(b) That he cooperates in the execution of the
offense by previous or simultaneous acts, with
the intention of supplying material or moral
aid in the execution of the crime in an
efficacious way; and
(c) That there be a relation between the acts done
by the principal and those attributed to the
person charged as accomplice.
Principal by cooperation Accomplice
Cooperation is Cooperation is not
indispensable to the indispensable to the
commission of the act commission of the act

WHAT ARE THE OTHER TRAITS OF AN

ACCOMPLICE? ACCESSORY
Does not have previous agreement or Accessories are those who (1) having knowledge
understanding; or of the commission of the crime and (2) without
Is not in conspiracy with the principal by direct having participated therein, either as principals or
participation. accomplices, (3) take part subsequent to its
commission in any of the manners provided by
Conspirator Accomplice the Art. 19, RPC.

They know and agree WHEN ACCESSORIES ARE NOT

They know of and join
with the criminal CRIMINALLY LIABLE
in the criminal design
design
(1) When the felony committed is a light felony;
Accomplices come to (2) When the accessory is related to the principal
Conspirators know the
know about it after the as
criminal intention
principals have reached (a) Spouse
because they
the decision and only (b) Ascendant, or descendant, or
themselves have
then do they agree to (c) Brother or sister whether legitimate, or
decided upon such
cooperate in its natural or adopted, or
course of action
execution (d) Where the accessory is a relative by affinity
Accomplices merely within the same degree,
Conspirators decide unless the accessory himself profited from the
assent to the plan and
that a crime should be effects or proceeds of the crime or assisted the
cooperate in its
committed offender to profit therefrom.
accomplishment
Accomplices are merely Note: Even if only two of the principals guilty of
instruments who murder are the brothers of the accessory and the
Conspirators are the perform acts not others are not related to him, such accessory is
authors of a crime essential to the exempt from criminal liability.
perpetration of the
offense.

ELEMENTS:

PAGE 77
UP LAW BOC
INSTANCES WHEN ONE BECOMES AN
ACCESSORY
PROFITING ONESELF OR ASSISTING THE
OFFENDER TO PROFIT BY THE EFFECTS OF
THE CRIME
Presidential Decree No. 1612 (Anti-Fencing Law)
One who knowingly profits or assists the principal
to profit by the effects of robbery or theft (i.e. a
fence) is not just an accessory to the crime, but
principally liable for fencing
The penalty is higher than that of a mere
accessory to the crime of robbery or theft.
Mere possession of any article of value which has
been the subject of robbery or theft brings about
the presumption of fencing.
PD 1612 has, therefore, modified Art. 19 of the
RPC.
ACQUIRING THE EFFECTS OF PIRACY OR
BRIGANDAGE
Presidential Decree 532 (Anti-Piracy and
Highway Robbery law of 1974)
If the crime was piracy or brigandage under PD
532, said act constitutes the crime of abetting
piracy or abetting brigandage as the case may be,
although the penalty is that of an accomplice, not
just an accessory, to the piracy or the brigandage.
Section 4 of PD 532 provides that any person who
knowingly and in any manner acquires or receives
property taken by such pirates or brigands or in
any manner derives benefit therefrom, shall be
considered as an accomplice of the principal
offenders in accordance with the Rules
prescribed by the Revised Penal Code.
It shall be presumed that any person who does
any acts provided in this section has performed
them knowingly, unless the contrary is proven.
Although Republic Act 7659, in amending Article
122 of the RPC, incorporated therein the crime of
piracy in Philippine territorial waters and thus
correspondingly superseded PD 532, section 4 of
said Decree, which punishes said acts as a crime
of abetting piracy or brigandage, still stands as it
CRIMINAL LAW 1 CRIMINAL LAW
has not been replaced or modified, and is not
inconsistent with any provision of RA 7659.
CONCEALING OR DESTROYING THE BODY,
EFFECTS OR INSTRUMENTS OF THE CRIME
When the crime is robbery or theft, with respect
to the third involvement of the accessory, do
not overlook the purpose which must be to
prevent discovery of the crime.
The corpus delicti is not the body of the person
who is killed.
o Even if the corpse is not recovered, as long as
that killing is established beyond reasonable
doubt, criminal liability will arise.
o If there is someone who destroys the corpus
delicti to prevent discovery, he becomes an
accessory.
HARBORING OR CONCEALING AN
OFFENDER
In the fourth form or manner of becoming an
accessory, take note that the law distinguishes
between:
A public officer harboring, concealing or
assisting the principal to escape
Requisites:
(1) The accessory is a public officer;
(2) He harbors, conceals, or assists in the escape
of the principal;
(3) The public officer acts with abuse of his public
functions;
(4) The crime committed by the principal is any
crime, provided it is not a light felony.
A private citizen or civilian harboring,
concealing or assisting the principal to escape
Requisites:
(1) The accessory is a private person;
(2) He harbors, conceals, or assists in the escape
of the author of the crime;
(3) The crime committed by the principal is either
treason, parricide, murder, or an attempt to
take the life of the Chief Executive, or is known
to be habitually guilty of some other crime
Public Officer Civilian
The nature of the crime The nature of the crime
is immaterial is material
What is material is that For him to become an
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Public Officer Civilian

The liability of the accused will depend on the
he used his public accessory, the principal quantum of evidence adduced by the prosecution
function in assisting the must have committed against the particular accused but the
escape the crime of treason, prosecution must initiate the proceedings against
parricide, murder or the principal.
attempt on the life of
the Chief Executive Even if the principal is convicted, if the evidence
presented against a supposed accomplice or
PD 1829 (Also Known as accessory does not meet the required proof
Revised Penal Code the Law Penalizing beyond reasonable doubt, then said accused will
Obstruction of Justice) be acquitted.
Specifies the crimes No specification of the So the criminal liability of an accomplice or
that should be crime to be committed accessory does not depend on the criminal
committed in case a by the offender in order liability of the principal but depends on the
civilian aids in the that criminal liability be quantum of evidence.
escape incurred
The offender is the The offender need not But if the evidence shows that the act done does
principal or must be even be the principal or not constitute a crime and the principal is
convicted of the crime need not be convicted acquitted, then the supposed accomplice and
charged of the crime charged accessory should also be acquitted.
An offender of any
crime is no longer an If there is no crime, then there is no criminal
The one who harbored liability, whether principal, accomplice or
accessory but is simply
or concealed an accessory.
an offender without
offender is still an
regard to the crime of
accessory DECREE PENALIZING OBSTRUCTION
the person assisted to
escape OF APPREHENSION & PROSECUTION
OF CRIMINAL OFFENDERS (PD 1829)
WHETHER THE ACCOMPLICE AND THE
ACCESSORY MAY BE TRIED AND WHAT IS IMPOSED
CONVICTED EVEN BEFORE THE Prision correccional in its maximum period, or
Fine ranging from PhP 1,000 6,000, or
PRINCIPAL IS FOUND GUILTY
Both
There is an earlier Supreme Court ruling that the
accessory and accomplice must be charged Upon any person who knowingly or willfully
obstructs, impedes, frustrates or delays the
together with the principal; if the latter is
acquitted, the accomplice and the accessory shall apprehension of suspects and the investigation
and prosecution of criminal cases through the
not be criminally liable, unless the acquittal is
acts enumerated in Sec. 1
based on a defense which is personal only to the
principal.
PUNISHABLE ACTS
However, it is not always true that the
(1) Preventing witnesses from testifying in any
accomplice and the accessory cannot be
criminal proceeding or from reporting the
criminally liable without the principal being first
commission of any offense or the identity of
convicted.
any offender/s by means of bribery,
Under Rule 110 of the Revised Rules on misrepresentation, deceit, intimidation, force
Criminal Procedure, it is required that all those or threats;
involved in the commission of the crime must (2) Altering, destroying, suppressing or
be included in the information that may be concealing any paper, record, document, or
filed. object with intent to impair its veracity,

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authenticity, legibility, availability, or COMPARED WITH ART. 20, RPC

admissibility as evidence in any investigation (ACCESSORIES EXEMPT FROM CRIMINAL
of or official proceedings in criminal cases, or LIABILITY)
to be used in the investigation of, or official
proceedings in, criminal cases; Ground for exemption under Art. 20
(3) Harboring or concealing, or facilitating the The exemption provide in this article is based on
escape of, any persons he knows, or has the ties of blood and the preservation of the
reasonable ground to believe or suspect, has cleanliness of ones name, which compels one to
committed any offense under existing penal conceal crimes committed by relatives so near as
laws in order to prevent his arrest, prosecution those mentioned in this article.
and conviction;
(4) Publicly using a fictitious name for the An accessory is exempt from criminal liability
purpose of concealing a crime, evading when the principal is his
prosecution or the execution of a judgment, or (1) Spouse
concealing his true name and other personal (2) Ascendant
circumstances for the same purpose or (3) Descendant
purposes; (4) Legitimate, natural or adopted brother, sister
(5) Delaying the prosecution of criminal cases by or relative by affinity within the same degree,
obstructing the service of process or court
orders or disturbing proceedings in the fiscals Accessory is not exempt from criminal liability
offices, in Tanodbayan, or in the courts; even if the principal is related to him if he
(6) Making, presenting or using any record, (1) Profited by the effects of the crime, or
document, paper or object with knowledge of (2) Assisted the offender to profit by the effect of
its falsity and with intent to affect the course the crime.
or outcome of the investigation of, or official
proceedings in criminal cases; The punishable acts in PD 1829, compared to
(7) Soliciting, accepting, or agreeing to accept any RPC Art. 20 are prompted by a detestable greed,
benefit in consideration of abstaining from, not by affection. The benefits of the exception in
discontinuing, or impeding the prosecution of Art. 20 do not apply to PD 1829.
a criminal offender;
(8) Threatening directly or indirectly another with
the infliction of any wrong upon his person,
honor or property or that of any immediate
member or members of his family in order to
prevent such person from appearing in the
investigation of, or official proceedings in,
criminal cases, or imposing a condition,
whether lawful or unlawful, in order to prevent
a person from appearing in the investigation
of, or in official proceedings in criminal cases;
(9) Giving a false or fabricated information to
mislead or prevent the law enforcement
agencies from apprehending the offender or
from protecting the life or property of the
victim; or fabricating information from the
data gathered in confidence by investigating
authorities for purposes of background
information and not for publication and
publishing or disseminating the same to
mislead the investigator or the court.

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UP LAW BOC CRIMINAL LAW 1
Penalties
Penalty is the suffering that is inflicted by the
State for the transgression of a law.
DIFFERENT JURIDICAL
CONDITIONS OF PENALTY
(1) Must be PRODUCTIVE OF SUFFERING,
without affecting the integrity of the human
personality.
(2) Must be COMMENSURATE to the offense
different crimes must be punished with
different penalties.
(3) Must be PERSONAL no one should be
punished for the crime of another.
(4) Must be LEGAL it is the consequence of a
judgment according to law.
(5) Must be CERTAIN no one may escape its
effects.
(6) Must be EQUAL for all.
(7) Must be CORRECTIONAL.
GENERAL PRINCIPLES
Art. 21. Penalties that may be imposed. No
felony shall be punishable by any penalty not
prescribed by law prior to its commission.
NULLA POENA SINE LEGE
The Government is prohibited from imposing
punishment to any person for a felony with any
penalty which has not been prescribed by the
law.
Reason: An act or omission cannot be punished
by the State if at the time it was committed there
was no law prohibiting it, because a law cannot
be rationally obeyed unless it is first shown, and a
man cannot be expected to obey an order that
has not been given.
Note: It has no application to any of the
provisions of the RPC for the reason that for every
felony defined in the Code, a penalty has been
prescribed.
MUST BE INDIVIDUAL AND DEFINITE
Penalties must be individual, i.e., not shared, and
definite, e.g., imprisonment, fine, imprisonment
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CRIMINAL LAW
and fine, imprisonment or fine; but not
imprisonment and/or fine.
COURT MUST IMPOSE THE
PRESCRIBED PENALTY, EVEN IF IT IS
EXCESSIVE.
In case of excessive penalties, the court must still
impose the penalty but it shall recommend
reduction, commutation, or other actions to the
Chief Executive. [Art. 5, RPC]
ACT PROHIBITING THE IMPOSITION OF
DEATH PENALTY IN THE PHILIPPINES (RA
9346)
RA 9346 expressly repealed RA 8177 or Act
Designating Death by Lethal Injection and RA
7659 or Death Penalty Law. RA 9346 repealed
all the other laws imposing death penalty.
Sec. 2 states that: In lieu of the death penalty,
the following shall be imposed:
(a) The penalty of reclusion perpetua, when the
law violated makes use of the nomenclature of
the penalties of the Revised Penal Code; or
(b) The penalty of life imprisonment, when the
law violated does not make use of the
nomenclature of the penalties of the Revised
Penal Code.
People v. Bon (2006)
There is no material difference between
imposition and application, for both terms
embody the operation in law of the death
penalty.
Since Article 71 denominates death as an
element in the graduated scale of penalties,
there is no question that the operation of
Article 71 involves the actual application of the
death penalty as a means of determining the
extent which a persons liberty is to be
deprived.
Since RA 9346 unequivocally bars the
application of the death penalty, as well as
expressly repeals all such statutory provisions
requiring the application of the death penalty,
such effect necessarily extends to its relevance
to the graduated scale of penalties under
Article 71.
The court cannot find basis to conclude that RA
9346 intended to retain the operative effects of
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

the death penalty in the graduation of the other PENALTIES THAT ARE EITHER PRINCIPAL OR
penalties in our penal laws. ACCESSORY
Munoz cannot enjoin us to adopt such Perpetual or temporary absolute
conclusion. disqualification
RA is not swaddled in the same restraints Perpetual or temporary special disqualification
appreciated by Muoz on Section 19(1), Article Suspension
III.
The very Congress empowered by the These may be principal or accessory penalties,
Constitution to reinstate the imposition of the because they are formed in the 2 general classes.
death penalty once thought it best to do so, (Asked 3 times in the Bar Exams)
through RA 7650.
Within the same realm of constitutional OTHER CLASSIFICATIONS OF
discretion, Congress has reversed itself. PENALTIES
It must be asserted that today, the legal status
of the suppression of the death penalty in the ACCORDING TO THEIR DIVISIBILITY:
Philippines has never been more secure than at
any time in our political history as a nation. Divisible
Those that have fixed duration
PURPOSES Divisible into three periods
Three-fold purpose of penalty under the RPC:
(1) RETRIBUTION OR EXPIATION Indivisible
The penalty is commensurate with the gravity Those which have no fixed duration:
of the offense. It permits society to exact (1) Death
proportionate revenge, and the offender to (2) Reclusion perpetua
atone for his wrongs. (3) Perpetual absolute or special disqualification
(2) CORRECTION OR REFORMATION (4) Public censure
As shown by the rules which regulate the
execution of the penalties consisting in ACCORDING TO SUBJECT-MATTER
deprivation of liberty. (1) Corporal (death)
(3) SOCIAL DEFENSE (2) Deprivation of freedom (reclusion, prision,
As shown by its inflexible severity to recidivist arresto)
and habitual delinquents. (3) Restriction of freedom (destierro)
(4) Deprivation of rights (disqualification and
CLASSIFICATIONS suspension)
(5) Pecuniary (fine)
MAJOR CLASSIFICATION
(1) PRINCIPAL PENALTIES those expressly ACCORDING TO THEIR GRAVITY
imposed by the court in the judgment of (1) Capital
conviction. (2) Afflictive
(2) ACCESSORY PENALTIES those that are (3) Correctional
deemed included in the imposition of the (4) Light
principal penalties.
(3) SUBSIDIARY PENALTIES those imposed in DURATION AND EFFECT
lieu of principal penalties, i.e., imprisonment in A penal law shall only have retroactive effect if it
case of inability to pay the fine. favors persons guilty of felonies, who are not
considered habitual criminals as defined in
Article 62.

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Art. 22. Retroactive effect of penal laws. Penal

Laws shall have a retroactive effect insofar as they
favor the persons guilty of a felony, who is not a
habitual criminal, as this term is defined in Rule 5
of Article 62 of this Code, although at the time of
the publication of such laws a final sentence has
been pronounced and the convict is serving the
same.
* The table on this page also contains
DISQUALIFICATION as an afflictive penalty,
because its different forms can also be imposed
as a principal although it is primarily categorized
as an accessory penalty.

CAPITAL & AFFLICTIVE PENALTIES

Penalty Duration Effects Accessories
Death (REPEALED) Indivisible
Death, when not executed (1) PAD
due to pardon or (2) Civil interdiction 30
commutation (REPEALED) yrs from sentence
20 years & 1 day (1) PAD
Reclusion perpetua to 40 years (2) Civil interdiction for
(Indivisible) life
(1) Deprivation of public office, even
if by election
(2) Deprivation of right to vote & be
Perpetual absolute
For life voted for
disqualification (PAD)
(3) Disqualification from public
office held
(4) Loss of retirement rights
(1) Deprivation of office,
employment, profession, or
Perpetual special
For life calling affected
disqualification (PSD)
(2) Disqualification from similar
offices or employments
(1) PAD
12 years & 1 day (2) Civil interdiction for
Reclusion temporal
to 20 years duration of
sentence
6 years & 1 day to (1) TAD
Prision mayor
12 years (2) PSD of suffrage
(1) Deprivation of public office, even
if by election
(2) Deprivation of right to vote & be
Temporary absolute 6 years & 1 day to
voted for during sentence
disqualification (TAD) 12 years
(3) Disqualification from public
office held during sentence
(4) Loss of retirement rights
(1) Deprivation of office,
employment, profession, or
Temporary special 6 years & 1 day to
calling affected
disqualification (TSD) 12 years
(2) Disqualification from similar
offices or employments

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CORRECTIONAL PENALTIES
Penalty Duration Effects Accessories
(1) Suspension from public office
(2) Suspension from profession or
Prision 6 months & 1 calling
correccional day to 6 years (3) PSD of suffrage, if the duration
of imprisonment exceeds 18
mos.
(1) Public office
6 months & 1
Suspension (2) Profession or calling (3)
day to 6 years
(3) Suffrage
Prohibition to enter w/in 25-250
6 months & 1
Destierro km radius from the designated (3)
day to 6 years
place
(1) Suspension of right to hold
1 month & 1 day office
Arresto mayor (5)
to 6 months (2) Suspension of the right of
suffrage

LIGHT PENALTIES
Penalty Duration Accessories
Arresto menor 1 day to 30 days Suspension of right to hold office and right of suffrage
Public censure (4)

PENALTIES COMMON TO ALL THREE TYPES

Penalty Duration Accessories
Fine
Bond to keep the As determined by
(5)
peace the court

PENALTIES WHICH MAY BE (3) Correctional penalties: (PC, AM, S, Des)

(a) Prision correccional,
IMPOSED (b) Arresto mayor,
(c) Suspension,
SCALE OF PRINCIPAL PENALTIES (d) Destierro.
(1) Capital punishment: (D) Death. (4) Light penalties: (Am, Pc)
(2) Afflictive penalties: (RP, RT, PAD, TAD, PSD, (a) Arresto menor,
TSD, PM) (b) Public censure.
(a) Reclusion perpetua, (5) Penalties common to the three preceding
(b) Reclusion temporal, classes: (F, Bond)
(c) Perpetual or temporary absolute (a) Fine, and
disqualification, (b) Bond to keep the peace.
(d) Perpetual or temporary special
disqualification,
(e) Prision mayor.

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SCALE OF ACCESSORY PENALTIES to the principal penalty, unless the same shall
(PAD, TAD, PSD, TSD, S, CI, I, F, Pay) have been expressly remitted in the pardon.
(1) Perpetual or temporary absolute
disqualification, Prision Mayor
(2) Perpetual or temporary special Duration: 6 years and 1 day to 12 years
disqualification, Accessory Penalties:
(3) Suspension from public office, the right to vote (1) Temporary Absolute Disqualification
and be voted for, the profession or calling. (2) Perpetual Special Disqualification from the
(4) Civil interdiction, right to suffrage which the offender shall
(5) Indemnification, suffer although pardoned as to the principal
(6) Forfeiture or confiscation of instruments and penalty unless the same shall have been
proceeds of the offense, expressly remitted in the pardon.
(7) Payment of costs
It is imposed in its entirety regardless of any CORRECTIONAL PENALTIES
mitigating or aggravating circumstances that
may have attended the commission of the crime. Prision Correccional
(Art. 63, Revised Penal Code) Duration: 6 months and 1 day to 6 years

Reclusion perpetua is imprisonment for life but Accessory Penalties:

the person sentenced to suffer it shall be
pardoned after undergoing the penalty for thirty
(30) years, unless by reason of his conduct or
some other serious cause, he shall be considered
by the Chief Executive as unworthy of pardon [Art.
27, Revised Penal Code]."
(1) Suspension from public office
(2) Suspension from the right to follow a
profession or calling
(3) Perpetual Special Disqualification for the right
of suffrage, if the duration of the
imprisonment shall exceed 18 months

Reclusion perpetua distinguished from life Arresto Mayor

imprisonment Duration: 1 month and 1 day to 6 months
Life imprisonment Reclusion perpetua
Accessory Penalties:
Imposed for serious (1) Suspension of right to hold office
Prescribed under the
offenses penalized by (2) Suspension of the right of suffrage during the
RPC
special laws term of the sentence.
Does not carry with it Carries with it accessory
accessory penalties penalties LIGHT PENALTIES

Entails imprisonment Arresto Menor

for at least 20 years Duration: 1 day to 30 days
after which the convict
Does not appear to
becomes eligible for Accessory Penalties:
have any definite extent
pardon although the (1) Suspension of right to hold office
or duration
maximum period shall (2) Suspension of the right of suffrage during the
in no case exceed 40 term of the sentence.
years
Public Censure
Reclusion Temporal
Duration: 12 years and 1 day to 20 years
Accessory Penalties:
(1) Civil interdiction for life or during the period of
the sentence as the case may be.
(2) Perpetual Absolute Disqualification which the
offender shall suffer even though pardoned as

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PENALTIES COMMON TO AFFLICTIVE,
CORRECTIONAL & LIGHT PENALTIES
Fine
Fine is:
Afflictive if more than P6,000.
Correctional if P200 to P6,000.
Light Penalty if less than P200.
This article merely classifies fine and has nothing
to do with the definition of light felony.
The court can fix any amount of the fine within
the limits established by law. It must consider (1)
the mitigating and aggravating circumstances,
and more particularly, (2) the wealth or means of
the culprit.
When the law does not fix the minimum of the
fine, the determination of the amount of the fine
to be imposed upon the culprit is left to the sound
discretion of the court, provided it shall not
exceed the maximum authorized by law.
Note: Fines are not divided into 3 equal portions.
Bond to Keep the Peace
Art. 35. Effects of bond to keep the peace.
It shall be the duty of any person sentenced to
give bond to keep the peace, to present two
sufficient sureties who shall undertake that
such person will not commit the offense
sought to be prevented, and that in case such
offense be committed they will pay the
amount determined by the court in the
judgment, or otherwise to deposit such
amount in the office of the clerk of the court
to guarantee said undertaking.
The court shall determine, according to its
discretion, the period of duration of the bond.
Should the person sentenced fail to give the
bond as required he shall be detained for a
period which shall in no case exceed six
months, if he shall have been prosecuted for a
grave or less grave felony, and shall not
exceed thirty days, if for a light felony.
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CRIMINAL LAW
2 ways of giving bond:
(3) The offender must present 2 sufficient sureties
who shall undertake that:
(a) The offender will not commit the offense
sought to be prevented, and
(b) That in case such offense be committed,
they will pay the amount determined by the
court.
(4) The offender must deposit such amount with
the Clerk of Court to guarantee said
undertaking.
The court shall determine the period of duration
of the bond.
The offender may be detained, if he cannot give
the bond, for a period not to exceed 6 months if
prosecuted for grave or less grave felony, or for a
period not to exceed 30 days, if for a light felony.
Bond to keep the peace is different from bail bond
which is posted for the provisional release of a
person arrested for or accused of a crime.
ACCESSORY PENALTIES
(1) Perpetual or temporary absolute
disqualification
(2) Perpetual or temporary special disqualification
(3) Suspension from public office, the right to vote
and be voted for, the profession or calling
(4) Civil interdiction
(5) Indemnification/ Forfeiture or confiscation of
instruments and proceeds of the offense
(6) Payment of costs
Perpetual or Temporary Absolute
Disqualification
Effects:
(1) Deprivation of any public office or employment
of offender;
(2) Deprivation of the right to vote in any election
or to be voted upon;
(3) Loss of rights to retirement pay or pension
Note: Perpetual absolute disqualification is
effective during the lifetime of the convict and
even after the service of the sentence. Temporary
absolute disqualification lasts during the term of
the sentence except (1) deprivation of the public
office or employment; and (2) loss of all rights to
retirement pay or other pension for any office
formerly held. [See Art. 30, par. 3].
UP LAW BOC CRIMINAL LAW 1
Art. 32. Effect of the penalties of perpetual or
temporary special disqualification for the exercise
of the right of suffrage. The perpetual or
temporary special disqualification for the exercise
of the right of suffrage shall deprive the offender
perpetually or during the term of the sentence,
according to the nature of said penalty, of the
right to vote in any popular election for any public
office or to be elected to such office. Moreover, the
offender shall not be permitted to hold any public
office during the period of his disqualification.
Art. 33. Effects of the penalties of suspension from
any public office, profession or calling, or the right
of suffrage. The suspension from public office,
profession or calling, and the exercise of the right
of suffrage shall disqualify the offender from
holding such office or exercising such profession
or calling or right of suffrage during the term of
the sentence.
The person suspended from holding public office
shall not hold another having similar functions
during the period of his suspension.
Art. 34. Civil interdiction. Civil interdiction shall
deprive the offender during the time of his
sentence of the rights of parental authority, or
guardianship, either as to the person or property
of any ward, of marital authority, of the right to
manage his property and of the right to dispose of
such property by any act or any conveyance inter
vivos.
Art. 45. Confiscation and forfeiture of the proceeds
or instruments of the crime. Every penalty imposed
for the commission of a felony shall carry with it
the forfeiture of the proceeds of the crime and the
instruments or tools with which it was committed.
Such proceeds and instruments or tools shall be
confiscated and forfeited in favor of the
Government, unless they be property of a third
person not liable for the offense, but those articles
which are not subject of lawful commerce shall be
destroyed.
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CRIMINAL LAW
Perpetual or Temporary Special
Disqualification
Art. 32. Effect of the penalties of perpetual or
temporary special disqualification for the exercise
of the right of suffrage. The perpetual or
temporary special disqualification for the exercise
of the right of suffrage shall deprive the offender
perpetually or during the term of the sentence,
according to the nature of said penalty, of the
right to vote in any popular election for any public
office or to be elected to such office. Moreover, the
offender shall not be permitted to hold any public
office during the period of his disqualification.
Effects: For public office, profession or calling:
(1) Deprivation of the office, employment,
profession or calling affected;
(2) Disqualification for holding similar offices or
employments during the period of
disqualification.
Effects: For the exercise of right to suffrage:
(1) Deprivation of the right to vote or to be elected
in an office;
(2) Cannot hold any public office during the
period of disqualification. [Art. 31].
The penalty for disqualification if imposed as an
accessory penalty is imposed for PROTECTION
and NOT for the withholding of a privilege.
Note: If temporary disqualification or suspension
is imposed as an accessory penalty, the duration
is the same as that of the principal penalty.
Suspension from Public Office, the Right to
Vote and Be Voted for, the Right to Practice a
Profession or Calling
Effects:
(1) Disqualification from holding such office or the
exercise of such profession or right of suffrage
during the term of the sentence;
(2) Cannot hold another office having similar
functions during the period of suspension.
[Art. 32].
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

Civil Interdiction ACCESSORY PENALTIES

Effects: Deprivation of the following rights:
(1) Parental authority Accessory
(2) Guardianship over the ward Effects
penalty
(3) Marital authority
(4) Right to manage property and to dispose of Deprivation of any public
the same by acts inter vivos. (Note: The convict office or employment of
can still dispose his property mortis causa). Perpetual or offender;
Temporary Deprivation of the right to
Civil interdiction is an accessory penalty to the Absolute vote in any election or to be
following principal penalties: Disqualification voted upon;
(1) Death if commuted to life imprisonment; Loss of rights to retirement
(2) Reclusion perpetua pay or pension
(3) Reclusion temporal For public office, profession or
calling:
Indemnification or Confiscation of Instruments
Deprivation of the office,
or Proceeds of the Offense
employment, profession or
This is included in every penalty for the
calling affected;
commission of the crime. The confiscation is in
Disqualification for holding
favor of the government.
similar offices or
Property of a third person not liable for the Perpetual or employments during the
Temporary period of disqualification;
offense is not subject to confiscation.
Special
If the trial court did not order any confiscation of Disqualification For the exercise of right to
the proceeds of the crime, the government suffrage:
cannot appeal from the confiscation as that Deprivation of the right to
would increase the penalty already imposed. vote or to be elected in an
office;
Payment of Costs Cannot hold any public office
Includes: during the period of
(1) Fees, and disqualification
(2) Indemnities, in the course of judicial Suspension Disqualification from holding
proceedings. from Public such office or the exercise of
Office, the Right such profession or right of
Costs may be fixed amounts already to Vote and Be suffrage during the term of
determined by law or regulations or amounts Voted for, the the sentence;
subject to a schedule. Right to Cannot hold another office
If the accused is convicted; costs may be Practice a having similar functions
charged against him. Profession or during the period of
If he is acquitted, costs are de officio, meaning Calling suspension.
each party bears his own expense.
No costs shall be allowed against the Republic Deprivation of the following
of the Philippines. [Rule 142, Sec. 1] rights:
Whether costs should be assessed against the Parental authority
accused lie within the discretion of the court. Guardianship over the ward
Civil Interdiction
Marital authority
Right to manage property
and to dispose of the same
by acts inter vivos

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Accessory The commitment of a minor mentioned in par. 2

Effects is not a penalty because it is not imposed by the
penalty
court in a judgment of conviction. The imposition
Indemnification Forfeiture in favor of the of the sentence in such case is suspended.
or Confiscation Government of the proceeds of
of Instruments the crime and the instruments EXAMPLES OF DEPRIVATION OF RIGHTS
or Proceeds of or tools with which it was ESTABLISHED IN PENAL FORM:
the Offense committed
Family Code, Art. 229. Unless subsequently
If the accused be convicted, revived by a final judgment, parental authority
the costs may be charged also terminates: xxx
Payment of against him (3) Upon judicial declaration of abandonment of
Costs If he be acquitted, costs are the child in a case filed for the purpose;
de officio, i.e., each party will (4) Upon final judgment of a competent court
bear his/her own expense divesting the party concerned of parental
authority; xxx
MEASURES NOT CONSIDERED
PENALTIES COMPUTATION OF PENALTIES
(1) Preventive detention Art. 28. If the offender shall be in prison, the term
(2) Detention for medical causes of the duration of the temporary penalties shall be
(3) Rehabilitation of minors computed from the day on which the judgment of
(4) Preventive suspension from public office conviction shall have become final.
(5) Administrative fines and penalties
(6) Civil law deprivation of rights and reparations
If the offender be not in prison, the term of the
duration of the penalty consisting of deprivation
Art. 24. Measures of prevention or safety which are of liberty shall be computed from the day that the
not considered penalties. The following shall not offender is placed at the disposal of the judicial
be considered as penalties: authorities for the enforcement of the penalty.
(1) The arrest and temporary detention of accused
persons, as well as their detention by reason of The duration of the other penalties shall be
insanity or imbecility, or illness requiring their computed only from the day on which the
confinement in a hospital. defendant commences to serve his sentence.
(2) The commitment of a minor to any of the
institutions mentioned in Article 80 and for the RULES ON THE COMPUTATION OF
purposes specified therein.
PENALTIES
(3) Suspension from the employment of public
(1) WHEN THE OFFENDER IS IN PRISON The
office during the trial or in order to institute
duration of temporary penalties is from the
proceedings.
day on which the judgment of conviction
(4) Fines and other corrective measures which, in
becomes final.
the exercise of their administrative disciplinary
powers, superior officials may impose upon
(2) WHEN THE OFFENDER IS NOT IN PRISON
their subordinates.
The duration of penalty consisting in
(5) Deprivation of rights and the reparations which
deprivation of liberty, is from the day that the
the civil laws may establish in penal form.
offender is placed at the disposal of judicial
authorities for the enforcement of the penalty.
These are not penalties because they are not
imposed as a result of judicial proceedings. (3) THE DURATION OF OTHER PENALTIES The
duration is from the day on which the offender
Those mentioned in par. 3 and 4 are merely
commences to serve his sentence.
preventive measures before conviction of
offenders.

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EXAMPLES OF TEMPORARY PENALTIES
(1) Temporary absolute disqualification
(2) Temporary special disqualification
(3) Suspension
Rules in cases of temporary penalties:
If offender is under detention, as when he is
undergoing preventive imprisonment, Rule No.
1 on computation applies.
If not under detention, because the offender
has been released on bail, Rule No. 3 on
computation applies.
EXAMPLES OF PENALTIES CONSISTING IN
DEPRIVATION OF LIBERTY
(1) Imprisonment
(2) Destierro
Rules in cases of deprivation of liberty:
When the offender is not in prison, Rule No. 2
applies.
If the offender is undergoing preventive
imprisonment, Rule No. 3 applies but the
offender is entitled to a deduction of full time or
4/5 of the time of his detention.
The accused undergoes preventive imprisonment
when the offense charged is nonbailable, or even
if bailable, he cannot furnish the required bail.
The convict is to be released immediately if the
penalty imposed after trial is less than the full
time or four-fifths of the time of the preventive
imprisonment.
The accused shall be released immediately
whenever he has undergone preventive
imprisonment for a period equal to or more than
the possible maximum imprisonment for the
offense charged.
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CRIMINAL LAW
Art. 29. Period of preventive imprisonment
deducted from term of imprisonment. Offenders
who have undergone preventive imprisonment
shall be credited in the service of their sentence
consisting of deprivation of liberty, with the full
time during which they have undergone
preventive imprisonment, if the detention prisoner
agrees voluntarily in writing to abide by the same
disciplinary rules imposed upon convicted
prisoners, except in the following cases:
(a) When they are recidivists or have been
convicted previously twice or more times of any
crime; and
(b) When upon being summoned for the execution
of their sentence they have failed to surrender
voluntarily.
If the detention prisoner does not agree to abide
by the same disciplinary rules imposed upon
convicted prisoners, he shall be credited in the
service of his sentence with four-fifths of the time
during which he has undergone preventive
imprisonment. (As amended by Republic Act
6127, June 17, 1970)
Whenever an accused has undergone preventive
imprisonment
for a period equal to or more than the possible
maximum imprisonment of the offense charged
to which he may be sentenced
and his case is not yet terminated,
he shall be released immediately without
prejudice to the continuation of the trial thereof or
the proceeding on appeal, if the same is under
review.
In case the maximum penalty to which the
accused may be sentenced is destierro, he shall be
released after thirty (30) days of preventive
imprisonment. (As amended by E.O. No. 214, July
10, 1988).
UP LAW BOC CRIMINAL LAW 1
APPLICATION
HOW TO DETERMINE PENALTY TO BE
IMPOSED
General rule: The penalty prescribed by law in
general terms shall be imposed upon the
principals for consummated felony.
Exception: The exception is when the penalty to
be imposed upon the principal in frustrated or
attempted felony is fixed by law.
Whenever it is believed that the penalty lower by
one or two degrees corresponding to said acts of
execution is not in proportion to the wrong done,
the law fixes a distinct penalty for the principal in
frustrated or attempted felony.
THERE ARE TWO WAYS TO GRADUATE
PENALTIES:
(1) By Degrees, which is affected by the following
factors:
(a) Stage of Execution (consummated,
frustrated, or attempted)
(b) Extent of Participation (principal,
accomplice, or accessory)
(c) Privileged mitigating circumstances
(d) Qualifying circumstances
(e) Indeterminate Sentence Law (minimum,
which is within the range of the penalty 1
lower than the penalty prescribed by the
RPC)
(2) By Periods (for divisible penalties, i.e.,
penalties with minimum, medium, and
maximum periods), which is affected by the
attendant ordinary mitigating/aggravating
circumstances
PRINCIPALS, ACCOMPLICES &
ACCESSORIES IN CONSUMMATED,
FRUSTRATED & ATTEMPTED
FELONIES
Art. 46. Penalty to be imposed upon principals in
general. The penalty prescribed by law for the
commission of a felony shall be imposed upon the
principals in the commission of such felony.
Whenever the law prescribes a penalty for a
felony in general terms, it shall be understood as
applicable to the consummated felony.
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CRIMINAL LAW
Consummated
Attempted
Frustrated
DIAGRAM OF
APPLICATION OF
ARTS. 50 TO 57
Principals 0 1 2
Accomplices 1 2 3
Accessories 2 3 4
0 represents the penalty prescribed by law in
defining a crime, which is to be imposed on the
PRINCIPAL in a CONSUMMATED OFFENSE, in
accordance with the provisions of Art. 46.
The other figures represent the degrees to which
the penalty must be lowered, to meet the
different situations anticipated by law.
Exceptions: Arts. 50 to 57 shall not apply to cases
where the law expressly prescribes the penalty for
frustrated or attempted felony, or to be imposed
upon accomplices or accessories. [Art. 60].
Art. 60. Exception to the rules established in
Articles 50 to 57. The provisions contained in
Articles 50 to 57, inclusive, of this Code shall not
be applicable to cases in which the law expressly
prescribes the penalty provided for a frustrated or
attempted felony, or to be imposed upon
accomplices or accessories.
A DEGREE is one entire penalty, one whole
penalty or one unit of the penalties enumerated
in the graduated scales provided for in Art. 71.
Each of the penalties of reclusion perpetua,
reclusion temporal, prision mayor, etc.,
enumerated in the graduated scales of Art. 71 is a
degree.
When there is a mitigating or aggravating
circumstance, the penalty is lowered or increased
by PERIOD only,
Except when the penalty is divisible and there are
two or more mitigating and without aggravating
circumstances, in which case the penalty is
lowered by degree.
UP LAW BOC CRIMINAL LAW 1
A PERIOD is one of the three equal portions
called the minimum, medium and maximum of a
divisible penalty.
PENALTY IMPOSED UPON AN ACCOMPLICE
General rule: An accomplice is punished by a
penalty one degree lower than the penalty
imposed upon the principal.
Exceptions:
The ascendants, guardians, curators, teachers
and any person who, by abuse of authority or
confidential relationship, shall cooperate as
accomplices in the crimes of rape, acts of
lasciviousness, seduction, corruption of minors,
white slave trade or abduction. (Art. 346)
One who furnished the place for the
perpetration of the crime of slight illegal
detention. (Art. 268)
PENALTY IMPOSED UPON AN ACCESSORY
General rule: An accessory is punished by a
penalty two degrees lower than the penalty
imposed upon the principal.
Exceptions:
(1) When accessory is punished as principal
knowingly concealing certain evil practices is
ordinarily an act of the accessory, but in Art.
142, such act is punished as the act of the
principal.
(2) When accessories are punished with a penalty
one degree lower:
(a) Knowingly using counterfeited seal or
forged signature or stamp of the President
(Art. 162).
(b) Illegal possession and use of a false
treasury or bank note (Art. 168).
(c) Using falsified document (Art. 173 par.3)
(d) Using falsified dispatch (Art. 173 par. 2)
Art. 61 provides for the rules to be observed in
lowering the penalty by one or two degrees:
For the principal in frustrated felony one
degree lower;
For the principal in attempted felony two
degrees lower;
For the accomplice in consummated felony
one degree lower; and
For the accessory in consummated felony
two degrees lower.
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CRIMINAL LAW
Art. 61. Rules for graduating penalties. For the
purpose of graduating the penalties which,
according to the provisions of Articles 50 to 57,
inclusive, of this Code, are to be imposed upon
persons guilty as principals of any frustrated or
attempted felony, or as accomplices or
accessories, the following rules shall be observed:
(a) When the penalty prescribed for the felony is
single and indivisible, the penalty next lower in
degrees shall be that immediately following
that indivisible penalty in the respective
graduated scale prescribed in Article 71 of this
Code.
(b) When the penalty prescribed for the crime is
composed of two indivisible penalties, or of one
or more divisible penalties to be impose to
their full extent, the penalty next lower in
degree shall be that immediately following the
lesser of the penalties prescribed in the
respective graduated scale.
(c) When the penalty prescribed for the crime is
composed of one or two indivisible penalties
and the maximum period of another divisible
penalty, the penalty next lower in degree shall
be composed of the medium and minimum
periods of the proper divisible penalty and the
maximum periods of the proper divisible
penalty and the maximum period of that
immediately following in said respective
graduated scale.
(d) When the penalty prescribed for the crime is
composed of several periods, corresponding to
different divisible penalties, the penalty next
lower in degree shall be composed of the
period immediately following the minimum
prescribed and of the two next following, which
shall be taken from the penalty prescribed, if
possible; otherwise from the penalty
immediately following in the above mentioned
respective graduated scale.
When the law prescribes a penalty for a crime in
some manner not especially provided for in the
four preceding rules, the courts, proceeding by
analogy, shall impose corresponding penalties
upon those guilty as principals of the frustrated
felony, or of attempt to commit the same, and
upon accomplices and accessories.
The rules provided for in Art. 61 should also apply
in determining the MINIMUM of the
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

indeterminate penalty under the Indeterminate
Sentence Law.
The MINIMUM of the indeterminate penalty is
within the range of the penalty next lower than
that prescribed by the RPC for the offense.
Those rules also apply in lowering the penalty by
one or two degrees by reason of the presence of
privileged mitigating circumstance [Arts. 68 and
69], or when the penalty is divisible and there are
two or more mitigating circumstances (generic)
and no aggravating circumstance [Art. 64].
The lower penalty shall be taken from the
graduated scale in Art. 71.
DIVISIBLE & INDIVISIBLE PENALTIES
(b) When the penalty is composed of one or more
divisible penalties to be imposed to their full
extent
Ex. prision correccional to prision mayor
The penalty immediately following the
lesser of the penalties of prision correccional
to prision mayor is arresto mayor.
THIRD RULE
(a) When the penalty is composed of two
indivisible penalties and the maximum period
of a divisible penalty
Ex. reclusion temporal in its MAXIMUM
period to death
The MEDIUM and MINIMUM period of the
divisible penalty and the MAXIMUM of that
immediately following penalty is the penalty
next lower in degree.

INDIVISIBLE PENALTIES Death

(1) Death Penalty for the
Reclusion
(2) Reclusion perpetua principal in
perpetua
(3) Public censure consummated murder
Maximum
Reclusion
Medium Penalty for accomplice;
DIVISIBLE PENALTIES temporal
Minimum or for principal in
(1) Reclusion temporal Maximum frustrated murder
(2) Prision mayor Prision
Medium
(3) Prision correccional mayor
Minimum
(4) Arresto mayor
(5) Destierro
(b) When the penalty is composed of one
(6) Arresto menor
indivisible penalty and the maximum period of
a divisible penalty.
The divisible penalties are divided into three
periods: MINIMUM, MEDIUM and the MAXIMUM Ex. Reclusion temporal in its MAXIMUM
period to Reclusion perpetua
FIRST RULE The same rule shall be observed in lowering
When the penalty is single and indivisible. the penalty by one or two degrees.
Ex. reclusion perpetua
FOURTH RULE
The penalty immediately following it is reclusion
When the penalty is composed of several periods.
temporal. Thus, reclusion temporal is the
penalty next lower in degree. Ex. Prision Mayor in its MEDIUM period to
Reclusion temporal in its MINIMUM period.
SECOND RULE This rule contemplates a penalty composed of
(a) When the penalty is composed of two at least 3 periods. The several periods must
indivisible penalties correspond to different divisible penalties.
Ex. reclusion perpetua to death
The penalty immediately following the
lesser of the penalties, which is reclusion
perpetua, is reclusion temporal.

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Reclusion
Maximum EFFECTS OF MITIGATING &
Medium AGGRAVATING CIRCUMSTANCES
temporal
Minimum Penalty for the
Maximum principal in the Art. 62. Effect of the attendance of mitigating or
Prision aggravating circumstances and of habitual
Medium consummated felony
mayor delinquency. Mitigating or aggravating
Minimum Penalty for the circumstances and habitual delinquency shall be
Maximum accomplice; or taken into account for the purpose of diminishing
Prision principal in frustrated or increasing the penalty in conformity with the
Medium
correccional felony following rules:
Minimum (1) Aggravating circumstances which in
themselves constitute a crime specially
FIFTH RULE punishable by law or which are included by the
(a) When the penalty has two periods law in defining a crime and prescribing the
Ex. Prision correccional in its MINIMUM and penalty therefor shall not be taken into
MEDIUM periods account for the purpose of increasing the
penalty.
Maximum (2) The same rule shall apply with respect to any
Prision Medium The penalty aggravating circumstance inherent in the crime
correccional prescribed for the to such a degree that it must of necessity
Minimum felony accompany the commission thereof.
(3) Aggravating or mitigating circumstances which
Maximum The penalty next arise from the moral attributes of the offender,
Arresto or from his private relations with the offended
lower
mayor Medium party, or from any other personal cause, shall
Minimum only serve to aggravate or mitigate the liability
of the principals, accomplices and accessories
(b) When the penalty has one period. as to whom such circumstances are attendant.
Ex. Prision Mayor in its MAXIMUM period (4) The circumstances which consist in the
If the penalty is any one of the three periods material execution of the act, or in the means
of a divisible penalty, the penalty next lower employed to accomplish it, shall serve to
in degree shall be that period next following aggravate or mitigate the liability of those
the given penalty. persons only who had knowledge of them at
The penalty immediately inferior is prision the time of the execution of the act or their
mayor in its MEDIUM period. cooperation therein.
(5) Habitual delinquency shall have the following
SIMPLIFIED RULES effects:
The rules prescribed in pars. 4 and 5 of Art. 61 (a) Upon a third conviction the culprit shall be
may be simplified as follows: sentenced to the penalty provided by law for
(1) If the penalty prescribed by the Code consists the last crime of which he be found guilty
in 3 periods, corresponding to different and to the additional penalty of prision
divisible penalties, the penalty next lower in correccional in its medium and maximum
degree is the penalty consisting in the 3 periods;
periods down in the scale. (b) Upon a fourth conviction, the culprit shall
(2) If the penalty prescribed by the Code consists be sentenced to the penalty provided for the
in 2 periods, the penalty next lower in degree last crime of which he be found guilty and to
is the penalty consisting in 2 periods down in
the scale.
(3) If the penalty prescribed by the Code consists
in only 1 period, the penalty next lower in
degree is the next period down in the scale.

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the additional penalty of prision mayor in its
minimum and medium periods; and
(c) Upon a fifth or additional conviction, the
culprit shall be sentenced to the penalty
provided for the last crime of which he be
found guilty and to the additional penalty of
prision mayor in its maximum period to
reclusion temporal in its minimum period
(6) Notwithstanding the provisions of this article,
the total of the two penalties to be imposed
upon the offender, in conformity herewith,
shall in no case exceed 30 years.
(7) For the purpose of this article, a person shall
be deemed to be habitual delinquent, if within
a period of ten years from the date of his
release or last conviction of the crimes of
serious or less serious physical injuries, robo,
hurto, estafa or falsification, he is found guilty
of any of said crimes a third time or oftener.
EFFECTS OF THE ATTENDANCE OF
MITIGATING OR AGGRAVATING
CIRCUMSTANCES
(1) Aggravating circumstances which are not
considered for the purpose of increasing the
penalty:
(a) Those that constitute a separate crime
punishable by law.
(b) Those that are inherent in the crime
committed:
(i) Included by law in defining the crime
(ii) Inherent in the crime but of necessity
they accompany the commission thereof
(2) Aggravating or mitigating circumstances that
serve to aggravate or mitigate the liability of
the offender to whom such are attendant.
These are those arising from:
Moral attributes of the offender
His private relations with the offended party
Any other personal cause
(3) Aggravating or mitigating circumstances that
affect the offenders only who had knowledge
of them at the time of the execution of the act
or their cooperation therein.
Legal effects of habitual delinquency
Third conviction The culprit is sentenced to
the penalty for the crime committed and to the
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CRIMINAL LAW
additional penalty of prision correccional in its
medium and maximum period.
Fourth conviction The penalty is that provided
by law for the last crime and the additional
penalty of prision mayor in its minimum and
medium periods.
Fifth or additional conviction The penalty is
that provided by law for the last crime and the
additional penalty of prision mayor in its
maximum period to reclusion temporal in its
minimum period.
Notes: In no case shall the total of the 2 penalties
imposed upon the offender exceed 30 years.
The law does not apply to crimes described in Art.
155.
The imposition of the additional penalty on
habitual delinquents are CONSTITUTIONAL
because such law is neither an EX POST FACTO
LAW nor an additional punishment for future
crimes. It is simply a punishment on future crimes
on account of the criminal propensities of the
accused.
The imposition of such additional penalties is
mandatory and is not discretionary.
Habitual delinquency applies at any stage of the
execution because subjectively, the offender
reveals the same degree of depravity or perversity
as the one who commits a consummated crime.
It applies to all participants because it reveals
persistence in them of the inclination to
wrongdoing and of the perversity of character
that led them to commit the previous crime.
Cases where attending aggravating or
mitigating circumstances are not considered
in the imposition of penalties
(1) Penalty that is single and indivisible
(2) Felonies through negligence
(3) When the penalty is a fine
(4) When the penalty is prescribed by a special
law.
UP LAW BOC CRIMINAL LAW 1
Art. 63. Rules for the application of indivisible
penalties. In all cases in which the law
prescribes a single indivisible penalty, it shall
be applied by the courts regardless of any
mitigating or aggravating circumstances that
may have attended the commission of the
deed.
In all cases in which the law prescribes a
penalty composed of two indivisible penalties,
the following rules shall be observed in the
application thereof:
(1) When in the commission of the deed there
is present only one aggravating
circumstance, the greater penalty shall be
applied.
(2) When there are neither mitigating nor
aggravating circumstances in the
commission of the deed, the lesser penalty
shall be applied.
(3) When the commission of the act is
attended by some mitigating
circumstances and there is no aggravating
circumstance, the lesser penalty shall be
applied.
(4) When both mitigating and aggravating
circumstances attended the commission of
the act, the court shall reasonably allow
them to offset one another in consideration
of their number and importance, for the
purpose of applying the penalty in
accordance with the preceding rules,
according to the result of such
compensation.
Rules for the application of INDIVISIBLE
PENALTIES
(1) Penalty is single and indivisible
(a) The penalty shall be applied regardless of
the presence of mitigating or aggravating
circumstances.
(b) Ex. reclusion perpetua or death
(2) Penalty is composed of 2 indivisible penalties:
(a) One aggravating circumstance present:
HIGHER penalty
(b) No mitigating circumstances present:
LESSER penalty
(c) Some mitigating circumstances present
and no aggravating: LESSER penalty
(d) Mitigating and aggravating circumstances
offset each other
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CRIMINAL LAW
Basis of penalty: Number and importance.
Art. 64. Rules for the application of penalties
which contain three periods. In cases in which
the penalties prescribed by law contain three
periods, whether it be a single divisible
penalty or composed of three different
penalties, each one of which forms a period in
accordance with the provisions of Articles 76
and 77, the court shall observe for the
application of the penalty the following rules,
according to whether there are or are not
mitigating or aggravating circumstances:
(1) When there are neither aggravating nor
mitigating circumstances, they shall
impose the penalty prescribed by law in its
medium period.
(2) When only a mitigating circumstance is
present in the commission of the act, they
shall impose the penalty in its minimum
period.
(3) When an aggravating circumstance is
present in the commission of the act, they
shall impose the penalty in its maximum
period.
(4) When both mitigating and aggravating
circumstances are present, the court shall
reasonably offset those of one class
against the other according to their relative
weight.
(5) When there are two or more mitigating
circumstances and no aggravating
circumstances are present, the court shall
impose the penalty next lower to that
prescribed by law, in the period that it may
deem applicable, according to the number
and nature of such circumstances.
(6) Whatever may be the number and nature
of the aggravating circumstances, the
courts shall not impose a greater penalty
than that prescribed by law, in its
maximum period.
(7) Within the limits of each period, the court
shall determine the extent of the penalty
according to the number and nature of the
aggravating and mitigating circumstances
and the greater and lesser extent of the
evil produced by the crime.
Rules for the application of DIVISIBLE
PENALTIES
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

(1) No aggravating and No mitigating: MEDIUM medium period and the total will represent
PERIOD the maximum of the medium period.
(2) One mitigating: MINIMUM PERIOD Take the maximum of the medium period,
(3) One aggravating: (but regardless of the add 1 day and make it the minimum of the
number of aggravating circumstances, the maximum period; then add the quotient to
courts cannot exceed the penalty provided by the minimum (eliminate the 1 day) of the
law in its maximum period): MAXIMUM maximum period and the total will represent
PERIOD the maximum of the maximum period.
(4) Mitigating and aggravating circumstances
present: To offset each other according to
Art. 67. Penalty to be imposed when not all the
relative weight
requisites of exemption of the fourth circumstance
(5) 2 or more mitigating and no aggravating: One
of Article 12 are present. When all the conditions
degree lower (has the effect of a privileged
required in circumstances Number 4 of Article 12
mitigating circumstance) of this Code to exempt from criminal liability are
not present, the penalty of arresto mayor in its
Note: Art. 64 does not apply to:
maximum period to prision correccional in its
(1) Indivisible penalties
minimum period shall be imposed upon the
(2) Penalties prescribed by special laws
culprit if he shall have been guilty of a grave
(3) Fines
felony, and arresto mayor in its minimum and
(4) Crimes committed by negligence
medium periods, if of a less grave felony.
Where the penalty is not composed of 3
Penalty to be imposed if the requisites of accident
periods
(Art. 12 par 4) are not all present:
Art. 65. Rule in cases in which the penalty is not (1) GRAVE FELONY: arresto mayor maximum
composed of three periods. In cases in which the period to prision correccional minimum period
penalty prescribed by law is not composed of (2) LESS GRAVE FELONY: arresto mayor
three periods, the courts shall apply the rules minimum period and medium period
contained in the foregoing articles, dividing into
three equal portions of time included in the
Art. 69. Penalty to be imposed when the crime
penalty prescribed, and forming one period of
committed is not wholly excusable. A penalty
each of the three portions.
lower by one or two degrees than that prescribed
by law shall be imposed if the deed is not wholly
Meaning of the Rule
excusable by reason of the lack of some of the
(1) Compute and determine first the 3 periods of
conditions required to justify the same or to
the entire penalty.
exempt from criminal liability in the several cases
(2) The time included in the penalty prescribed
mentioned in Article 11 and 12, provided that the
should be divided into 3 equal portions, after
majority of such conditions be present. The courts
subtracting the minimum (eliminate the 1 day)
shall impose the penalty in the period which may
from the maximum of the penalty.
be deemed proper, in view of the number and
(3) The minimum of the minimum period should
nature of the conditions of exemption present or
be the minimum of the given penalty
lacking.
(including the 1 day).
(4) The quotient should be added to the minimum
prescribed (eliminate the 1 day) and the total Penalty to be imposed when the crime committed
will represent the maximum of the minimum is not wholly excusable: One or two degrees
period. lower, if the majority of the conditions for
justification or exemption in the cases provided in
Take the maximum of the minimum period,
Arts. 11 and 12 are present.
add 1 day and make it the minimum of the
medium period; then add the quotient to the
minimum (eliminate the 1 day) of the

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People v. Lacanilao (1988)
Incomplete fulfillment of duty is a privileged
mitigating circumstance which not only cannot
be offset by aggravating circumstances but also
reduces the penalty by one or two degrees than
that prescribed by law. The governing provision is
Art. 69 of the RPC.
SPECIAL RULES FOR CERTAIN
SITUATIONS
COMPLEX CRIMES
Art. 48. Penalty for complex crimes. When a
single act constitutes two 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 to be applied in its maximum period.
The rule for complex crimes is to impose the
penalty for the most serious offense in its
MAXIMUM period.
Monteverde v. People (2002)
Monteverde was purportedly charged with the
complex crime of estafa through falsification of a
commercial document for allegedly falsifying the
document she had submitted to show that the
money donated by PAGCOR was used and spent
for lighting materials for her barangay.
Held: Under Article 48 of the Revised Penal Code,
a complex crime refers to:
(1) The commission of at least two grave or less
grave felonies that must both (or all) be the
result of a single act, or
(2) One offense must be a necessary means for
committing the other (or others).
Using the above guidelines, the acts cannot
constitute a complex crime.
Specifically, the alleged actions showing
falsification of a public and/or a commercial
document were not necessary to commit estafa.
Neither were the two crimes the result of a single
act.
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CRIMINAL LAW
People v. Gonzalez (Supra)
Held: The rules on the imposition of penalties for
complex crimes under Art. 48 of the Revised
Penal Code are not applicable in this case.
Art. 48 applies if a single act constitutes two or
more grave and less grave felonies or when an
offense is a necessary means of committing
another; in such a case, the penalty for the most
serious offense shall be imposed in its maximum
period.
Considering that the offenses committed by the
act of the appellant of firing a single shot are:
one count of homicide, a grave felony, and two
counts of slight physical injuries, a light felony,
the rules on the imposition of penalties for
complex crimes, which requires two or more
grave and/or less grave felonies, will not apply.
People v. Comadre (2004)
The single act by appellant of detonating a hand
grenade may quantitatively constitute a cluster of
several separate and distinct offenses, yet these
component criminal offenses should be
considered only as a single crime in law on which
a single penalty is imposed because the offender
was impelled by a single criminal impulse
which shows his lesser degree of perversity.
People v. Delos Santos (2001)
Held: Considering that the incident was not a
product of a malicious intent but rather the result
of a single act of reckless driving, Glenn should
be held guilty of the complex crime of reckless
imprudence resulting in multiple homicide with
serious physical injuries and less serious physical
injuries.
The slight physical injuries caused by Glenn to
the ten other victims through reckless
imprudence, would, had they been intentional,
have constituted light felonies.
Being light felonies, which are not covered by
Article 48, they should be treated and punished
as separate offenses.
Separate informations should have, therefore,
been filed.
UP LAW BOC CRIMINAL LAW 1
People v. Velasquez (2000)
Velasquez, poked a toy gun and forced Karen to
go with her at his grandmothers house.
Out of fear and not knowing that the gun that
Velasquez was holding is a mere toy, Karen went
with Velasquez.
Velasquez then raped Karen twice.
The trial court convicted Velasquez of two counts
of rape.
Held: Considering that Velasquez forcibly
abducted Karen and then raped her twice, he
should be convicted of the complex crime of
forcible abduction with rape and simple rape.
The penalty for complex crimes is the penalty for
the most serious crime which shall be imposed in
its maximum period.
Rape is the more serious of the two crimes and is
punishable with reclusion perpetua under Article
266-A of the Revised Penal Code and since
reclusion perpetua is a single indivisible penalty,
it shall be imposed as it is.
The subsequent rape committed by Velasquez
can no longer be considered as a separate
complex crime of forcible abduction with rape but
only as a separate act of rape punishable by
reclusion perpetua.
CRIMES DIFFERENT FROM THAT INTENDED
Art. 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
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CRIMINAL LAW
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.
Either the crime committed be more grave than
the crime intended or the crime intended be more
grave than the crime committed, the penalty to
be imposed should be the penalty for the lesser
felony in its MAXIMUM period.
Except: if the lesser felony constitutes an attempt
or frustration of another felony.
Example: If the crime intended was homicide, but
the crime committed was parricide, the penalty to
be imposed is the penalty for homicide in its
MAXIMUM period.
IMPOSSIBLE CRIMES
Art. 59. Penalty to be imposed in case of failure to
commit the crime because the means employed or
the aims sought are impossible. When the
person intending to commit an offense has
already performed the acts for the execution of
the same but nevertheless the crime was not
produced by reason of the fact that the act
intended was by its nature one of impossible
accomplishment or because the means employed
by such person are essentially inadequate to
produce the result desired by him, the court,
having in mind the social danger and the degree
of criminality shown by the offender, shall impose
upon him the penalty of arresto mayor or a fine
from 200 to 500 pesos.
Depending upon the social danger and the
degree of criminality shown by the offender, the
penalty for impossible crimes is arresto mayor or
fine of P200-P500.
PLURAL CRIMES (SUPRA)
UP LAW BOC CRIMINAL LAW 1
ADDITIONAL PENALTY FOR CERTAIN
ACCESSORIES
Art. 58. Additional penalty to be imposed upon
certain accessories. Those accessories falling
within the terms of paragraphs 3 of Article 19 of
this Code who should act with abuse of their
public functions, shall suffer the additional
penalty of absolute perpetual disqualification if
the principal offender shall be guilty of a grave
felony, and that of absolute temporary
disqualification if he shall be guilty of a less grave
felony.
Absolute perpetual disqualification if the
principal offender is guilty of a grave felony.
Absolute temporary disqualification if the
principal offender is guilty of a less grave felony.
WHERE THE OFFENDER IS BELOW 18
YEARS
Art. 68. Penalty to be imposed upon a person
under eighteen years of age.
When the offender is a minor under eighteen
years and his case is one coming under the
provisions of the paragraphs next to the last of
Article 80 of this Code, the following rules shall
be observed:
(1) Upon a person under fifteen but over nine
years of age, who is not exempted from liability
by reason of the court having declared that he
acted with discernment, a discretionary penalty
shall be imposed, but always lower by two
degrees at least than that prescribed by law for
the crime which he committed.
(2) Upon a person over fifteen and under eighteen
years of age the penalty next lower than that
prescribed by law shall be imposed, but always
in the proper period.
PD No. 603. ART. 192. Suspension of Sentence and
Commitment of Youthful Offender. If after hearing
the evidence in the proper proceedings, the court
should find that the youthful offender has
committed the acts charged against him the court
shall determine the imposable penalty, including
any civil liability chargeable against him. However,
instead of pronouncing judgment of conviction,
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CRIMINAL LAW
the court shall suspend all further proceedings
and shall commit such minor to the custody or
care of the Department of Social Welfare, or to
any training institution until he shall have reached
twenty-one years of age or, for a shorter period as
the court may deem proper, after considering the
reports and recommendations of the Department
of Social Welfare or the agency or responsible
individual under whose care he has been
committed.
The youthful offender shall be subject to visitation
and supervision by a representative of the
Department of Social Welfare or any duly licensed
agency or such other officer as the court may
designate subject to such conditions as it may
prescribe.
Art. 68 applies to such minor if his application for
suspension of sentence is disapproved or if while
in the reformatory institution he becomes
incorrigible in which case he shall be returned to
the court for the imposition of the proper penalty.
If 9 to 15 years only with discernment: at least 2
degrees lower.
If 15 to 18 years old: penalty next lower
Except if the act is attended by two or more
mitigating and no aggravating circumstance, the
penalty being divisible, a minor over 15 but under
18 years old may still get a penalty two degrees
lower.
Art. 68 provides for two of the PRIVILEGED
MITIGATING CIRCUMSTANCES.
INDETERMINATE SENTENCE LAW
The Indeterminate Sentence is composed of:
(1) A MAXIMUM taken from the penalty
imposable under the penal code (considering
attendant circumstances)
(2) A MINIMUM taken from the penalty next lower
to that fixed in the code.
It is indeterminate in the sense that after serving
the minimum, the convict may be released on
parole, or if he is not fitted for release, he shall
UP LAW BOC
continue serving his sentence until the end of the
maximum. 1
PURPOSE OF THE LAW
To uplift and redeem valuable human material
and prevent unnecessary and excessive
deprivation of liberty and economic usefulness.
It is necessary to consider the criminal first as an
individual, and second as a member of the
society.
The law is intended to favor the defendant,
particularly to shorten his term of imprisonment,
depending upon his behavior and his physical,
mental and moral record as a prisoner, to be
determined by the Board of Indeterminate
Sentence.
The settled practice is to give the accused the
benefit of the law even in crimes punishable with
death or life imprisonment provided the resulting
penalty, after considering the attending
circumstances, is reclusion temporal or less.
ISL: APPLICATION ON THE IMPOSED
SENTENCE
If the crime is punishable by a special law
If the crime is a violation of a special law, ISL
merely requires that the maximum term thereof
shall not exceed the maximum fixed by the
special law while the minimum shall not be less
than the minimum prescribed therein.
However, where the penalty in the special law
adopts the technical nomenclature and
signification of the penalties under the Revised
Penal Code (RPC), such as prision mayor,
prision correccional maximum, etc., the
ascertainment of the indeterminate sentence will
be based on the rule intended for those crimes
punishable under the RPC.*
If the crime is punishable by the Revised Penal
Code
(1) The maximum is determined in accordance
with the rules and provisions of the RPC
exactly as if the ISL had never been enacted.
1
Revisiting ISLAW by Atty. Harold Huliganga.
http://ca.judiciary.gov.ph/index.php?action=mnuactual_con
tents&ap=j90210&p=y
CRIMINAL LAW 1 CRIMINAL LAW
Factors to be considered:
(a) Penalty imposed for the crime
(b) Extent of participation of the accused
(principal, accomplice, accessory)
(c) Stage of execution (consummated, frustrated,
attempted)
(d) Attendance of mitigating or aggravating
circumstances
(e) Entitlement of accused to a privileged
mitigating circumstance
(2) The minimum depends upon the courts
discretion with the limitation that it must be
within the range of the penalty next lower in
degree to that prescribed by the Code for the
offense committed.
ISL: COVERAGE
The law does not apply to certain offenders:
(a) Those convicted of offenses punished with
death penalty or life imprisonment
(b) Those convicted of treason, conspiracy or
proposal to commit treason
(c) Those convicted of misprision of treason,
rebellion, sedition or espionage
(d) Those convicted of piracy
(e) Those who are habitual delinquents (but
applies to recidivists)
(f) Those who shall have escaped from
confinement or evaded service of sentence
(g) Those who violated the terms of conditional
pardon granted to them by the Chief
Executive
(h) Those whose maximum term of
imprisonment does not exceed one year
(i) Those who, upon the approval of the law, had
been sentenced by final judgment
(j) Those sentenced to the penalty of destierro or
suspension
On No. 6: A minor who escaped from
confinement in the reformatory is entitled to the
benefits of the ISL because his confinement is not
considered imprisonment.
PAGE 101
UP LAW BOC CRIMINAL LAW 1
Inapplicability to offenses punished by
reclusion pepetua
People v. Aquino (1998)
Persons convicted of offenses punishable with
reclusion perpetua cannot avail of the benefits of
the Indeterminate Sentence Law.
People v. Saley (supra)
Under the Indeterminate Sentence Law,
(1) The maximum term of the penalty shall be
"that which, in view of the attending
circumstances, could be properly imposed"
under the Revised Penal Code,
(2) And the minimum shall be "within the range
of the penalty next lower to that prescribed"
for the offense.
The penalty next lower should be based on the
penalty prescribed by the Code for the offense,
without first considering any modifying
circumstance attendant to the commission of the
crime.
The determination of the minimum penalty is left
by law to the sound discretion of the court and it
can be anywhere within the range of the penalty
next lower without any reference to the periods
into which it might be subdivided.
The modifying circumstances are considered only
in the imposition of the maximum term of the
indeterminate sentence.
The fact that the amounts involved in the instant
case exceed P22,000.00 should not be
considered in the initial determination of the
indeterminate penalty;
instead, the matter should be so taken as
analogous to modifying circumstances in the
imposition of the maximum term of the full
indeterminate sentence.
This interpretation of the law accords with the
rule that penal laws should be construed in favor
of the accused. Since the penalty prescribed by
law for the estafa charge against accused-
appellant is prision correccional maximum to
prision mayor minimum, the penalty next lower
would then be prision correccional minimum to
medium. Thus, the minimum term of the
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CRIMINAL LAW
indeterminate sentence should be anywhere
within six (6) months and one (1) day to four (4)
years and two (2) months.
People v. Campuhan (supra)
The penalty for attempted rape is two (2) degrees
lower than the imposable penalty of death for the
offense charged, which is statutory rape of a
minor below seven (7) years.
Two (2) degrees lower is reclusion temporal, the
range of which is twelve (12) years and one (1) day
to twenty (20) years.
Applying the Indeterminate Sentence Law, and in
the absence of any mitigating or aggravating
circumstance, the maximum of the penalty to be
imposed upon the accused shall be taken from
the medium period of reclusion temporal, the
range of which is fourteen (14) years, eight (8)
months and (1) day to seventeen (17) years and
four (4) months,
while the minimum shall be taken from the
penalty next lower in degree, which is prision
mayor, the range of which is from six (6) years
and one (1) day to twelve (12) years, in any of its
periods.
ISL: CONDITIONS OF PAROLE
Sec. 6. Duty of the prisoner released under this
Code: Report personally to such government
officials or other parole officers appointed by the
Board for a period of surveillance equivalent to
the remaining portion of the maximum sentence
imposed upon him or until final release by the
Board. If it is shown that he is a law-abiding
citizen and did not violate any laws of the country,
the Board may issue a final certificate of release
which will entitle him to final release and
discharge.
Sec. 8. Violations of the conditions of the parole: If
he/she violates any of the conditions of the
parole, the Board may issue his warrant of arrest.
If captured/arrested, he shall serve the remaining
unexpired portion of the maximum sentence for
which he was originally committed unless a new
parole was granted.
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

THREE-FOLD RULE OUTLINE OF THE PROVISIONS OF THIS

ARTICLE
Art. 70. Successive service of sentence. When the
(1) When the culprit has to serve 2 or more
culprit has to serve two or more penalties, he shall
penalties, he shall serve them simultaneously
serve them simultaneously if the nature of the
if the nature of the penalties will so permit.
penalties will so permit otherwise, the following
(2) Otherwise, the order of their respective
rules shall be observed:
severity shall be followed.
In the imposition of the penalties, the order of
In the Matter of the petition for Habeas Corpus
their respective severity shall be followed so that
of Pete Lagran (2001)
they may be executed successively or as nearly as
The accused was convicted of 3 counts of
may be possible, should a pardon have been
violating BP22 and was sentenced to
granted as to the penalty or penalties first
imprisonment of 1 year for each count. He was
imposed, or should they have been served out.
detained on Feb. 24, 1999.
For the purpose of applying the provisions of the
On Mar. 19, 2001, he filed a petition for habeas
next preceding paragraph the respective severity
corpus claiming he completed the service of his
of the penalties shall be determined in
sentence.
accordance with the following scale:
Citing Art. 70, RPC, he claimed that he shall serve
(1) Death,
the penalties simultaneously. Thus, there is no
(2) Reclusion perpetua,
more legal basis for his detention.
(3) Reclusion temporal,
(4) Prision mayor,
Held: Art. 70 allows simultaneous service of two
(5) Prision correccional,
or more penalties only if the nature of the
(6) Arresto mayor,
penalties so permit.
(7) Arresto menor,
(8) Destierro,
In the case at bar, the petitioner was sentenced to
(9) Perpetual absolute disqualification,
suffer one year imprisonment for every count of
(10) Temporal absolute disqualification.
the offense committed.
(11) Suspension from public office, the right to
vote and be voted for, the right to follow a
The nature of the sentence does not allow
profession or calling, and
petitioner to serve all the terms simultaneously.
(12) Public censure
The rule of successive service of sentence must be
Notwithstanding the provisions of the rule next
applied.
preceding, the maximum duration of the convict's
sentence shall not be more than three-fold the
THE PENALTIES WHICH CAN BE
length of time corresponding to the most severe of
SIMULTANEOUSLY SERVED ARE:
the penalties imposed upon him.
(1) Perpetual absolute disqualification
(2) Perpetual special disqualification
No other penalty to which he may be liable shall
(3) Temporary absolute disqualification
be inflicted after the sum total of those imposed
(4) Temporary special disqualification
equals the same maximum period.
(5) Suspension
(6) Destierro
Such maximum period shall in no case exceed
(7) Public Censure
forty years.
(8) Fine and Bond to keep the peace
(9) Civil interdiction
In applying the provisions of this rule the duration
(10) Confiscation of payment and costs
of perpetual penalties shall be computed at thirty
years. (As amended).
The above penalties, except destierro, can be
served simultaneously with imprisonment.

PAGE 103
UP LAW BOC CRIMINAL LAW 1
Penalties consisting in deprivation of liberty
cannot be served simultaneously by reason of the
nature of such penalties.
THREE-FOLD RULE
The maximum duration of the convicts sentence
shall not be more than three times the length of
time corresponding to the most severe of the
penalties imposed upon him.
The phrase the most severe of the penalties
includes equal penalties.
The three-fold rule applies only when the convict
has to serve at least four sentences.
All the penalties, even if by different courts at
different times, cannot exceed three-fold the
most severe.
The Rules of Court specifically provide that any
information must not charge more than one
offense.
Necessarily, the various offense punished with
different penalties must be charged under
different informations which may be filed in the
same court or in different courts, at the same
time or at different times.
Subsidiary imprisonment forms part of the
penalty.
Indemnity is a penalty.
Court must impose all the penalties for all the
crimes of which the accused is found guilty, but in
the service of the same, they shall not exceed
three times the most severe and shall not exceed
40 years.
Mejorada v. Sandiganbayan (1987)
The petitioner was convicted of violating Section
3(E) of RA No. 3019 aka the Anti-Graft and
Corrupt Practices Act.
One of the issues raised by the petitioner
concerns the penalty imposed by the
Sandiganbayan which totals 56 years and 8 days
of imprisonment.
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CRIMINAL LAW
He impugns this as contrary to the three-fold rule
and insists that the duration of the aggregate
penalties should not exceed 40 years.
Held: Petitioner is mistaken in his application of
the 3-fold rule as set forth in Art. 70 of the RPC.
This article is to be taken into account not in the
imposition of the penalty but in connection with
the service of the sentence imposed.
Art. 70 speaks of service of sentence, duration
of penalty and penalty to be inflicted.
Nowhere in the article is anything mentioned
about the imposition of penalty.
It merely provides that the prisoner cannot be
made to serve more than three times the most
severe of these penalties the maximum which is
40 years.
SUBSIDIARY IMPRISONMENT
Art. 38. Pecuniary liabilities; Order of payment.
In case the property of the offender should not be
sufficient for the payment of all his pecuniary
liabilities, the same shall be met in the following
order:
(1) The reparation of the damage caused.
(2) Indemnification of consequential damages.
(3) The fine.
(4) The cost of the proceedings.
Art. 39. Subsidiary Penalty. If the convict has no
property with which to meet the fine mentioned in
paragraph 3 of the next preceding article, he shall
be subject to a subsidiary personal liability at the
rate of one day for each amount equivalent to the
highest minimum wage rate prevailing in the
Philippines at the time of the rendition of
judgment of conviction by the trial court, subject
to the following rules:
(1) If the principal penalty imposed be prision
correctional or arresto and fine, he shall remain
under confinement until his fine referred in the
preceding paragraph is satisfied, but his subsi-
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

diary imprisonment shall not exceed one-third EXECUTION AND SERVICE

of the term of the sentence, and in no case
shall it continue for more than one year, and no
fraction or part of a day shall be counted
against the prisoner.
(2) When the principal penalty imposed be only a
fine, the subsidiary imprisonment shall not
exceed six months, if the culprit shall have
been prosecuted for a grave or less grave
felony, and shall not exceed fifteen days, if for a
fight felony.
(3) When the principal penalty imposed is higher
than prision correctional, no subsidiary
imprisonment shall be imposed upon the
culprit.
(4) If the principal penalty imposed is not to be
executed by confinement in a penal institution,
but such penalty is of fixed duration, the
convict, during the period of time established
in the preceding rules, shall continue to suffer
the same deprivations as those of which the
principal penalty consists.
(5) The subsidiary personal liability which the
convict may have suffered by reason of his
insolvency shall not relieve him from the fine in
case his financial circumstances should
improve. (As amended by RA 10159, approved
on April 10, 2012)
Subsidiary penalty it is personal liability to be
suffered by the convict who has no property with
which to meet the fine at the rate of one day for
each amount equivalent to the highest minimum
wage rate prevailing in the Philippines at the time
of the rendition of judgment of conviction by the
trial court, subject to the rules provided for in
Article 39.
An accused cannot be made to undergo
subsidiary imprisonment in case of insolvency to
pay the fine imposed upon him when the
subsidiary imprisonment is not imposed in the
judgment of conviction. [Ramos v. Gonong]
A convict who has property not exempt from
execution sufficient enough to meet the fine
cannot choose to serve the subsidiary penalty.
EXECUTION OF PENALTIES
Art. 78. When and how a penalty is to be executed.
No penalty shall be executed except by virtue of a
final judgment.
A penalty shall not be executed in any other form
than that prescribed by law, nor with any other
circumstances or incidents than those expressly
authorized thereby.
In addition to the provisions of the law, the special
regulations prescribed for the government of the
institutions in which the penalties are to be
suffered shall be observed with regard to
The character of the work to be performed,
The time of its performance, and other incidents
connected therewith,
The relations of the convicts among themselves
and other persons,
The relief which they may receive, and
Their diet.
The regulations shall make provision for the
separation of the sexes in different institutions, or
at least into different departments and also for
the correction and reform of the convicts.
The judgment must be final before it can be
executed, because the accused may still appeal
within 15 days from its promulgation.
But if the defendant has expressly waived in
writing his right to appeal, the judgment
becomes final and executory.
Art. 86. Reclusion perpetua, reclusion temporal,
prision mayor, prision correccional and arresto
mayor. The penalties of reclusion perpetua,
reclusion temporal, prision mayor, prision
correccional and arresto mayor, shall be executed
and served in the places and penal
establishments provided by the Administrative
Code in force or which may be provided by law in
the future.

Subsidiary imprisonment is not an accessory

penalty.

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UP LAW BOC CRIMINAL LAW 1
Art. 87. Destierro. Any person sentenced to
destierro shall not be permitted to enter the place
or places designated in the sentence, nor within
the radius therein specified, which shall be not
more than 250 and not less than 25 kilometers
from the place designated.
Convict shall not be permitted to enter the place
designated in the sentence nor within the radius
specified, which shall not be more than 250 and
not less than 25 km from the place designated.
If the convict enters the prohibited area, he
commits evasion of sentence.
Destierro is imposed:
(1) When the death or serious physical injuries is
caused or are inflicted under exceptional
circumstances (Art. 247);
(2) When a person fails to give bond for good
behavior (Art. 284);
(3) As a penalty for the concubine in the crime of
concubinage (Art. 334);
(4) When after lowering the penalty by degrees,
destierro is the proper penalty.
SERVICE OF THE PENALTY OF ARRESTO
MENOR
Art. 88. Arresto menor. The penalty of arresto
menor shall be served in the municipal jail, or in
the house of the defendant himself under the
surveillance of an officer of the law, when the court
so provides in its decision, taking into
consideration the health of the offender and other
reasons which may seem satisfactory to it.
SUSPENSION OF EXECUTION
PROBATION LAW (PD 968, AS AMENDED)
Definition of terms (Sec. 3)
Probation a disposition under which a
defendant, after conviction and sentence, is
released subject to conditions imposed by the
court and to the supervision of a probation officer.
Probationer a person placed on probation
Probation officer one who investigates for the
court a referral for probation or supervises a
probationer or both.
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CRIMINAL LAW
Purpose (Sec. 2)
(1) Promote the correction and rehabilitation of
an offender by providing him with
individualized treatment
(2) Provide an opportunity for the reformation of a
penitent offender which might be less
probable if he were to serve a prison sentence
(3) Prevent the commission of offenses
Probation does not obliterate the crime for which
the person has been convicted
Office of the Court Administrator v. Librado
(1996)
Unlike pardon, probation does not obliterate the
crime of which the person under probation has
been convicted.
The image of the judiciary is tarnished by conduct
involving moral turpitude.
The reform and rehabilitation of the probationer
cannot justify his retention in the government
service
Grant of probation, manner & conditions (Sec. 4)
Subject to the provisions of this Decree, the trial
court may, after it shall have convicted and
sentenced a defendant and upon application by
said defendant within the period for perfecting an
appeal, suspend the execution of the sentence
and place the defendant on probation for such
period and upon such terms and conditions as it
may deem best: Provided, That no application for
probation shall be entertained or granted if the
defendant has perfected the appeal from the
judgment of conviction.
Probation may be granted whether the sentence
imposes a term of imprisonment or a fine only.
An application for probation shall be filed with
the trial court. The filing of the application shall
be deemed a waiver of the right to appeal.
An order granting or denying probation shall not
be appealable.
The law does not allow simultaneous filing of
application for probation and appeal. The filing of
application for probation shall be deemed a
waiver of the right to appeal, and vice-versa.
UP LAW BOC CRIMINAL LAW 1
Francisco v. CA
The Probation Law requires that an accused must
not have appealed his conviction before he can
avail himself of probation.
However:
Lagrosa vs. People (2003)
A person who appeals his conviction for purposes
of reducing the penalty to that which is within the
probationable limit may still apply for probation.
A person who appeals a judgment of conviction,
when he did not have the option to apply for
probation in the first place, is not deemed to have
forfeited his right to apply for probation. There
was no right to forteit yet.
Colinares v. People (2011)
Accused appealed an erroneous conviction
(frustrated homicide; not probationable). SC
found him guilty of a lesser crime (attempted
homicide; probationable).
He cannot be barred from applying for probation
by the fact that he already appealed.
Conditions of probation (Sec. 10)
Every probation order issued by the court shall
contain conditions requiring that the probationer
shall:
(a) Present himself to the probation officer
designated to undertake his supervision at
such place as may be specified in the order
within 72 hours from receipt of the order;
(b) Report to the probation officer at least once a
month at such time and place as specified by
said officer.
Note: These are the mandatory conditons.
The court may also require the probationer to:
(a) Cooperate with a program of supervision;
(b) Meet his family responsibilities;
(c) Devote himself to a specific employment and
not to change said employment without the
prior written approval of the probation officer;
(d) Undergo medical, psychological or psychiatric
examination and treatment and enter and
remain in a specified institution, when required
for that purpose;
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CRIMINAL LAW
(e) Pursue a prescribed secular study or
vocational training;
(f) Attend or reside in a facility established for
instruction, recreation or residence of persons
on probation;
(g) Refrain from visiting houses of ill-repute;
(h) Abstain from drinking intoxicating beverages
to excess;
(i) Permit the probation officer or an authorized
social worker to visit his home and place of
work;
(j) Reside at premises approved by it and not to
change his residence without its prior written
approval; or
(k) Satisfy any other condition related to the
rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with
his freedom of conscience.
Note: These are the special or discretionary
conditions.
Sec. 10 is not inclusive.
Salgado v. CA (1990)
The conditions enumerated under Sec. 10 of the
Probation Law are not inclusive. Courts are
allowed to impose practically any term it chooses,
the only limitation being that it does not
jeopardize the constitutional rights of the
accused.
Sec. 4: The trial court may place the defendant
on probation for such period and upon such terms
and conditions as it may deem best.
The order of probation providing as one of the
conditions that the civil liability be paid on a
monthly basis (P2000/mo) did not increase or
decrease the civil liability adjudged. It merely
provided for the manner of payment by the
accused of his civil liability during the period of
probation.
UP LAW BOC CRIMINAL LAW 1
Criteria of placing an offender on probation
(Sec. 8)
In considering whether an offender may be
placed on probation, the court shall consider all
information relative to the:
(1) Character,
(2) Antecedents,
(3) Environment,
(4) Mental, and
(5) Physical condition of the offender
(6) Available institutional and community
resources
While application for probation is a right,
probation itself is a privilege. Grant of probation
may be denied if the court finds that:
(1) The offender is in need of correctional
treatment that can be provided most
effectively by his commitment to an
institution.
(2) There is undue risk that during the probation,
the offender will commit another crime.
(3) Probation will depreciate the seriousness of
the offense committed.
Disqualified offenders
Probation under PD No. 968, as amended, is
intended for offenders who are 18 years of age
and above, and who are not otherwise
disqualified by law.
Offenders who are disqualified are those:
(1) Sentenced to serve a maximum term of
imprisonment of more than six years;
(2) Convicted of subversion or any offense against
the security of the State, or the Public Order;
(3) Who have previously been convicted by final
judgment of an offense punished by
imprisonment of not less than one month and
one day and/or a fine of not more than Two
Hundred Pesos;
(4) Who have been once on probation under the
provisions of this Decree; and
(5) Who are already serving sentence at the time
the substantive provisions of PD 968 became
applicable pursuant to Sec. 33 hereof
[Effectivity clause: PD 968s substantive
provisions took effect on 3 January 1978]
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CRIMINAL LAW
The Probation Law does not apply to drug
traffickers and pushers
Sec. 24, RA 9165 (Comprehensive Dangerous Drugs
Act). Any person convicted for drug trafficking or
pushing under this Act, regardless of the penalty
imposed by the Court, cannot avail of the privilege
granted by the Probation Law or Presidential
Decree No. 968, as amended.
Probation is an alternative to imprisonment of a
juvenile
Sec. 42 of RA 9344 (Juvenile Justice & Welfare Act).
The court may, after it shall have convicted and
sentenced a child in conflict with law, and upon
application at any time, place the child under
probation in lieu of service of his/her sentence
taking into account the best interest of the child.
Period of probation (Sec. 14)
(1) If the convict is sentenced to imprisonment of
not more than one year, probation shall not
exceed two years.
(2) If s/he is sentenced to more than one year,
probation shall not exceed six years.
(3) If s/he is sentenced to a fine only and s/he is
made to suffer subsidiary imprisonment,
probation shall be not less than nor more than
twice the total days of subsidiary
imprisonment.
Arrest of probationer (Sec. 15)
At any time during probation, the court may issue
a warrant for the arrest of a probationer for any
serious violation of the conditions of probation.
The probationer, once arrested and detained,
shall immediately be brought before the court for
a hearing of the violation charged. The defendant
may be admitted to bail pending such hearing. In
such case, the provisions regarding release on
bail of persons charged with a crime shall be
applicable to probationers arrested under this
provision.
In the hearing, which shall be summary in nature,
the probationer shall have the right to be
informed of the violation charged and to adduce
evidence in his favor. The court shall not be
bound by the technical rules of evidence but may
inform itself of all the facts which are material
and relevant to ascertain the veracity of the
charge. The State shall be represented by a
UP LAW BOC CRIMINAL LAW 1
prosecuting officer in any contested hearing. If
the violation is established, the court may revoke
or continue his probation and modify the
conditions thereof. If revoked, the court shall
order the probationer to serve the sentence
originally imposed. An order revoking the grant of
probation or modifying the terms and conditions
thereof shall not be appealable.
Termination of probation (Sec. 16)
After the period of probation and upon
consideration of the report and recommendation
of the probation officer, the court may order the
final discharge of the probationer upon finding
that he has fulfilled the terms and conditions of
his probation and thereupon, the case is deemed
terminated.
The final discharge of the probationer shall
operate to restore to him all civil rights lost or
suspended as a result of his conviction and to
fully discharge his liability for any fine imposed as
to the offense for which probation was granted.
The probationer and the probation officer shall
each be furnished with a copy of such order.
The expiration of the probation period alone does
not automatically terminate probation. Probation
is not coterminous with its period. There must
first be issued by the court, an order of final
discharge based on the report and
recommendation of the probation officer. Only
from such issuance can the case of the
probationer be deemed terminated. [Bala v.
Martinez]
SUSPENSION OF THE EXECUTION & SERVICE
OF THE PENALTIES IN CASE OF INSANITY
Art. 79. When a convict shall become insane or an
imbecile after final sentence has been
pronounced, the execution of said sentence shall
be suspended only with regard to the personal
penalty, the provisions of the second paragraph of
circumstance number 1 of Article 12 being
observed in the corresponding cases.
If at any time the convict shall recover his reason,
his sentence shall be executed, unless the penalty
shall have prescribed in accordance with the
provisions of this Code.
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CRIMINAL LAW
The respective provisions of this section shall also
be observed if the insanity or imbecility occurs
while the convict is serving his sentence.
An accused may become insane:
(1) At the time of commission of the crime
He is exempt from criminal liability (Art. 12
par. 1)
(2) At the time of the trial
The Court shall suspend the proceedings and
order his confinement in a hospital until he
recovers his reason.
(3) At the time of final judgment or while serving
sentence
Execution is suspended with regard to the
personal penalty only. If he recovers his
reason, his sentence shall be executed, unless
the penalty has prescribed. Payment of his civil
or pecuniary liabilities shall not be suspended.
MINORITY
Art. 80 of the RPC has been repealed by PD 603,
as amended, and RA 9344.
Juvenile Justice and Welfare Act of 2006 (RA
9344); Child & Youth Welfare Code (PD 603,
as amended)
See also discussion of RA 9344 under Exempting
Circumstances.
Definition of child in conflict with the law [Sec. 4]
Child in conflict with the law A child who is
alleged as, accused of, or adjudged as, having
committed an offense under Philippine laws
Child a person under 18 years
Exemption from criminal liability
(1) Child 15 years of age or under at the time of
the commission of the offense = EXEMPT from
criminal liability
However, the child shall be subjected to an
intervention program (per Sec. 20 of RA
9344)
(2) Child above 15 years but below 18 years of age
(15 Age of child at time of commission of
offense 18) = EXEMPT from criminal liability
and subjected to intervention program
UNLESS the child acted with discernment,
in which case, such child shall be subjected
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

to the appropriate proceedings in PD 603 RA 9344

accordance with RA 9344
government, or duly
Exemption from criminal liability herein licensed agencies or any
established does not include exemption from civil other responsible
liability, which shall be enforced in accordance person, until he shall
with existing laws. [Sec. 6, RA 9344] have reached 21 years of
age or, for a shorter
RA 9344 compared to PD 603 period as the court may
PD 603 RA 9344 deem proper. [Secs. 189
& 192]
Minimum age of criminal responsibility Suspension of sentence
EXEMPT from criminal No automatic Suspension of sentence
liability: suspension of sentence. is automatic.
(1) Child 9 years of age
or under at time of Child 15 years of age or The youthful offender Once the child under 18
commission of under shall be exempt should apply for a is found guilty of the
offense from criminal liability, suspended sentence offense charged, the
(2) 9 Age of child at regardless of whether or and it is discretionary on court shall determine
time of commission not s/he acted with the court to approve the and ascertain any civil
of offense 15 discernment application. The order liability. However,
(UNLESS s/he acted of the court denying an instead of pronouncing
with discernment) application for the judgment of
[Sec. 189] suspension of sentence conviction, the court
Discernment shall not be appealable. shall place the child in
[Sec. 193] conflict with law under
Child over 9 years and
suspended sentence,
under 15 years of age
without need of
who acted w/
application.
discernment court
shall determine
Suspension of sentence
imposable penalty,
shall be applied even if
including any civil
the juvenile is already 18
liability chargeable
years of age or more at
against him.
Child above 15 years but the time of the
below 18 years of age pronouncement of
However, instead of
who acted with his/her guilt. [Sec. 38,
pronouncing judgment
discernment shall be RA 9344]
of conviction, the court,
subjected to the
upon application of the
appropriate The suspension of
youthful offender and if
proceedings in sentence lasts only until
it finds that the best
accordance with the the child in conflict with
interest of the public as
Act. law reaches the
well as that of the
maximum age of 21.
offender will be served
thereby, may suspend
all further proceedings
and shall commit such
minor to the custody or
care of the DSWD or to
any training institution
operated by the

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UP LAW BOC CRIMINAL LAW 1
Juvenile Justice and Welfare System
Juvenile Justice and Welfare System Refers to a
system dealing with children at risk and children
in conflict with the law, which provides child-
appropriate proceedings, including programs and
services for prevention, diversion, rehabilitation,
re-integration and aftercare to ensure their
normal growth and development. [Sec. 4(m), RA
9344]
Diversion Refers to an alternative, child-
appropriate process of determining the
responsibility and treatment of a child in conflict
with the law on the basis of his/her social,
cultural, economic, psychological, or educational
background without resulting to formal court
proceedings.
Diversion Program Refers to the program that
the child in conflict with the law is required to
undergo after he/she is found responsible for an
offense without resorting to formal court
proceedings. [Sec. 4(j), RA 9344]
Development of a Comprehensive Juvenile
Intervention Program
(1) A Comprehensive juvenile intervention
program covering at least a 3-year period shall
be instituted in LGUs from the barangay to the
provincial level.
(2) The LGUs shall set aside an amount necessary
to implement their respective juvenile
intervention programs in their annual budget.
(3) The LGUs, in coordination with the LCPC, shall
call on all sectors concerned, particularly the
child-focused institutions, NGOs, people's
organizations, educational institutions and
government agencies involved in delinquency
prevention to participate in the planning
process and implementation of juvenile
intervention programs. Such programs shall
be implemented consistent with the national
program formulated and designed by the
JJWC. The implementation of the
comprehensive juvenile intervention program
shall be reviewed and assessed annually by
the LGUs in coordination with the LCPC.
Results of the assessment shall be submitted
by the provincial and city governments to the
JJWC not later than March 30 of every year.
[Sec. 18, RA 9344]
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CRIMINAL LAW
Community-based Programs on Juvenile Justice
and Welfare
Community-based programs on juvenile justice
and welfare shall be instituted by the LGUs
through the LCPC, school, youth organizations
and other concerned agencies. The LGUs shall
provide community-based services which respond
to the special needs, problems, interests and
concerns of children and which offer appropriate
counselling and guidance to them and their
families. These programs shall consist of three
levels:
(a) Primary intervention includes general
measures to promote social justice and equal
opportunity, which tackle perceived root
causes of offending;
(b) Secondary intervention includes measures to
assist children at risk; and
(c) Tertiary intervention includes measures to
avoid unnecessary contact with the formal
justice system and other measures to prevent
re-offending. [Sec. 19, RA 9344]
System of Diversion
Children in conflict with the law shall undergo
diversion programs without undergoing court
proceedings subject to the conditions herein
provided:
(a) Where the imposable penalty for the crime
committed is not more than six (6) years
imprisonment, the law enforcement officer or
Punong Barangay with the assistance of the
local social welfare and development officer
or other members of the LCPC shall conduct
mediation, family conferencing and
conciliation and, where appropriate, adopt
indigenous modes of conflict resolution in
accordance with the best interest of the child
with a view to accomplishing the objectives of
restorative justice and the formulation of a
diversion program. The child and his/her
family shall be present in these activities.
(b) In victimless crimes where the imposable
penalty is not more than six (6) years
imprisonment, the local social welfare and
development officer shall meet with the child
and his/her parents or guardians for the
development of the appropriate diversion and
rehabilitation program, in coordination with
the BCPC;
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

(c) Where the imposable penalty for the crime Exception: The crime was concealed, not public,
committed exceeds six (6) years in which case, the prescription thereof would only
imprisonment, diversion measures may be commence from the time the offended party or
resorted to only by the court. [Sec. 23, RA the government learns of the commission of the
9344] crime.

Question: What happens when the last day of the

Modification & Extinction prescriptive period falls on a Sunday or legal
holiday?
of Criminal Liability Answer: The information can no longer be filed on
the next day as the crime has already prescribed.
KINDS OF EXTINGUISHMENT OF
CRIMINAL LIABILITY PRESCRIPTIVE PERIODS OF CRIMES
Penalty Prescriptive period
TOTAL EXTINGUISHMENT Crimes punishable by death,
(1) By prescription of crime reclusion perpetua or 20 years
(2) By prescription of penalty reclusion temporal
(3) By the death of the convict
(4) By service of sentence Afflictive penalties 15 years
(5) By amnesty Correctional penalties 10 years
(6) By absolute pardon
(7) By the marriage of the offended woman and Note: Those punishable
5 years
the offender in the crimes of rape, abduction, by arresto mayor
seduction and acts of lasciviousness. (Art. Note: When the penalty The highest
344) fixed law is a compound penalty shall be
one made a basis
PARTIAL EXTINGUISHMENT Libel 1 year
(1) By conditional pardon
(2) By commutation of sentence Oral defamation and slander
6 months
(3) For good conduct, allowances which the by deed
culprit may earn while he is serving sentence Simple slander 2 months
(4) By parole Grave slander 6 months
(5) By probation
Light offenses 2 months
Important: The Supreme Court ruled that re- Crimes punishable by fines
election to public office is not one of the grounds
Fine is afflictive 15 years
by which criminal liability is extinguished. This is
only true in administrative cases but not in Fine is correctional 10 years
criminal cases. Fine is light 2 months

PRESCRIPTION OF CRIMES, Subsidiary penalty for nonpayment not

PRESCRIPTION OF VIOLATIONS OF
SPECIAL LAWS (ACT NO. 3326)
Definition: The forfeiture or loss of the right of the
State to prosecute the offender, after the lapse of
a certain period of time.
considered in determining the period
When fine is an alternative penalty higher than
the other penalty which is by imprisonment,
prescription of the crime is based on the fine.

General rule: Prescription of the crime begins on PRESCRIPTIVE PERIODS UNDER SPECIAL
the day the crime was committed. LAWS AND MUNICIPAL ORDINANCES (ACT
3763, AMENDING ACT 3326)

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Prescriptive DIFFERENCE BETWEEN PRESCRIPTION OF

Penalty CRIME & PRESCRIPTION OF PENALTY
period
Offenses punished only by fine or Prescription of crime Prescription of penalty
imprisonment for not more than 1 year Forfeiture of the right Forfeiture of the right to
one month or both of the State to execute the final
Imprisonment for more than one prosecute after a lapse sentence after the lapse
4 years
month, but less than two years of a certain time of a certain time
Imprisonment for two years but less
8 years PRESCRIPTIVE PERIODS OF PENALTIES
than six years
Imprisonment for six years or more 12 years Prescriptive
Penalty
period
Offenses under Internal Revenue
5 years Death and reclusion perpetua 20 years
Law
Other afflictive penalties 15 years
Violations of municipal ordinances 2 months
Correctional penalties 10 years
Violations of the regulations or
conditions of certificate of Note: Those punishable by
2 months 5 years
convenience by the Public Service arresto mayor
Commission Light penalties 1 year

Note: Not applicable where the special law COMPUTATION OF PRESCRIPTION OF

provides for its own prescriptive period
COMPUTATION OF PRESCRIPTION OF
OFFENSES (ART. 91)
(1) Commences to run from the day on which the
crime is discovered by the offended party, the
authorities or their agents.
(2) Interrupted by the filing of complaint or
information
(3) It shall commence to run again when such
proceedings terminate without the accused
being convicted or acquitted, or unjustifiably
stopped for any reason not imputable to the
accused.
Note: Termination must be FINAL as to
amount to a jeopardy that would bar a
subsequent prosecution.
(4) The term of prescription shall not run when
the offender is absent from the Philippine
archipelago.
(5) For continuing crimes, prescriptive period
cannot begin to run because the crime does
not end.
PRESCRIPTION OF PENALTIES
Definition: The loss or forfeiture of the right of the
government to execute the final sentence after
the lapse of a certain period of time.
PENALTIES (ART. 93)
Elements:
(a) Penalty is imposed by final judgment
(b) Convict evaded service of sentence by
escaping during the term of his sentence
(c) The convict who has escaped from prison has
not given himself up, or been captured, or
gone to a foreign country with which we have
no extradition treaty, or committed another
crime
(d) The penalty has prescribed because of the
lapse of time from the date of the evasion of
service of the sentence by the convict.
Period commences to run from the date when the
culprit evaded the service of sentence.
Del Castillo v. Torrecampo (2002)
"Escape" in legal parlance and for purposes of
Articles 93 and 157 of the RPC means unlawful
departure of prisoner from the limits of his
custody. Clearly, one who has not been
committed to prison cannot be said to have
escaped therefrom.
Prescription is interrupted when:
(1) The convict gives himself up.
(2) The convict Is captured.
(3) The convict goes to a foreign country with
which the Philippines has no extradition
treaty.

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(4) The convict commits any crime before the
expiration of the period of prescription.
Question: What happens in cases where our
government has extradition treaty with another
country but the crime is not included in the
treaty?
Answer: It would interrupt the running of the
prescriptive period.
Question: What is the effect of the acceptance of
the convict of a conditional pardon?
Answer: It would interrupt the running of the
prescriptive period.
Question: What happens if the culprit is captured
but he evades again the service of his sentence?
Answer: The period of prescription that ran during
the evasion is not forfeited. The period of
prescription that has run in his favor should be
taken into account.
PARDON BY OFFENDED PARTY
Art. 23. Effect of pardon by the offended party. A
pardon of the offended party does not extinguish
criminal action except as provided in Article 344
of this Code; but civil liability with regard to the
interest of the injured party is extinguished by his
express waiver.
This article states the extent of a pardon made by
the offended party. Under this article, a pardon
does not extinguish the criminal liability of an
offender except for cases under Article 344
(Prosecution of the crimes of adultery,
concubinage, seduction, abduction, rape and acts
of lasciviousness).
However, the civil liability with regard to the
interest of the injured party is extinguished.
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CRIMINAL LAW
PARDON BY THE CHIEF EXECUTIVE
ABSOLUTE PARDON
It is an act of grace, proceeding from the power
entrusted with the execution of the laws. It
exempts the individual from the penalty of the
crime he has committed.
Monsanto v Factoran (1989)
(1) Absolute pardon does not ipso facto entitle
the convict to reinstatement to the public
office forfeited by reason of his conviction.
(2) Although pardon restores his eligibility for
appointment to that office, the pardoned
convict must reapply for a new appointment.
CONDITIONAL PARDON
If delivered and accepted, it is a contract between
the executive and the convict that the former will
release the latter upon compliance with the
condition. One usual condition is not again
violate any of the penal laws of the country.
Obligations incurred by a person granted
conditional pardon:
(1) He must comply strictly with the conditions
imposed in the pardon.
(2) Failure to comply shall result to a recovation
of the pardon. The Chief Executive may order
his arrest and reincarceration.
(3) He becomes liable under Art. 159.
Conditional pardon is limited to the unserved
portion of the sentence, unless an intention to
extend it beyond that time is manifest. [Infante v.
Wardern]
EFFECTS OF PARDON OF THE PRESIDENT
Art. 36. Pardon; its effects. A pardon shall not
work the restoration of the right to hold public
office, or the right of suffrage, unless such rights
be expressly restored by the terms of the pardon.
A pardon shall in no case exempt the culprit from
the payment of civil indemnity imposed upon him
by the sentence.
(1) A pardon shall not restore the right to hold
public office or the right of suffrage.
Exception: When any or both such rights is or
are expressly restored by the terms of the
pardon.
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW

(2) It shall not exempt the culprit from the Erases not only the conviction but the crime itself.
payment of the civil indemnity. The pardon
cannot make an exception to this rule. DIFFERENCE BETWEEN AMNESTY AND
ABSOLUTE PARDON
LIMITATIONS UPON THE EXERCISE OF Amnesty Absolute pardon
PARDONING POWER
(1) That the power can be exercised only after Blanket pardon to Includes any crime and
conviction. classes of persons guilty is exercised individually
Thus in applying for pardon, the convict must of political offenses
not appeal the judgment of conviction or the May still be exercised The person is already
appeal must be abandoned. before trial or convicted
(2) That such power does not extend to cases of investigation
impeachment. [Cristobal v. Labrador] Looks backward. It is as Looks forward. He is
if he has committed no relieved from the
Pardon by the Chief Pardon by the offended offense. consequences of the
Executive party offense, but rights are
Does not extinguish not restored unless
criminal liability. explicitly provided by
Although it may the terms of the pardon.
constitute a bar to the Pardon should be given
prosecution of the: (1) Granted only after the
before the institution of
crimes of seduction, conviction.
criminal prosecution.
abduction and acts of
Extinguishes the Both do not extinguish civil liability.
lasciviousness by the
criminal liability of the Public act which the Private act of the
valid marriage of the
offender. court shall take judicial President and must be
offended party and the
offender; and (2) in notice of pleaded and proved by
adultery and the person pardoned
concubinage, by the Valid only when there is Valid if given either
express or implied final judgment before or after final
pardon by the offended judgment
spouse.
The offended party can The effects of amnesty as well as absolute
Cannot include civil
waive the civil liability pardon are not the same. Amnesty erases not
liabilities which the
which the offender must only the conviction but also the crime itself.
offender must pay.
pay.
Conditional or Absolute Cannot be conditional An offender who was convicted of rebellion,
given an amnesty, and who subsequently
Pardon should be given rebelled and was convicted again is not a
Granted only after the
before the institution of recidivist
conviction.
criminal prosecution. He is not a recidivist because the amnesty
granted to him erased not only the conviction but
AMNESTY also the effects of the conviction itself.
An act of the sovereign power granting oblivion or
general pardon for a past offense. Suppose, instead of amnesty, what was given was
absolute pardon, then years later, the offender
Rarely exercised in favor of a single individual; was again captured and charged for rebellion, he
usually extended in behalf of certain classes of was convicted, is he a recidivist?
persons who are subject to trial but have not yet Yes. Pardon, although absolute, does not erase
been convicted. the effects of conviction. Pardon only excuses the
convict from serving the sentence.

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WHEN PARDON MAY ERASE THE EFFECTS

OF CONVICTION
When the pardon was granted when the convict
had already served the sentence such that there is
no more service of sentence to be executed. The
pardon then shall be understood as intended to
erase the effects of the conviction.

So if the convict has already served the sentence

and in spite of that he was given a pardon, that
pardon will cover the effects of the crime.
Therefore, if he will be subsequently convicted for
a felony embracing the same title as that crime,
he cannot be considered a recidivist, because the
pardon wipes out the effects of the crime.

But if he was serving sentence when he was

pardoned, that pardon will not wipe out the
effects of the crime, unless the language of the
pardon absolutely relieves the offender of all the
effects thereof. Considering that recidivism does
not prescribe, no matter how long ago was the
first conviction, he shall still be a recidivist.

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Title I. Crimes against (2) Inciting to War or Giving Motives for Reprisals
[Art. 118] This can be committed even if the
National Security and the Philippines is not a participant.
(3) Violation of Neutrality [Art. 119] The
Law of Nations Philippines is not a party to an on-going war.

CRIMES AGAINST NATIONAL SECURITY: CRIMES AGAINST NATIONAL

(1) Art. 114: Treason SECURITY
(2) Art. 115: Conspiracy and Proposal to Commit
Treason Art. 114: Treason
(3) Art. 116: Misprision of Treason
MODE 1: LEVYING WAR
(4) Art. 117: Espionage
Elements:
(a) The offender is a Filipino or resident alien
CRIMES AGAINST THE LAW OF NATIONS:
(b) There is a war in which the Philippines is
(1) Art. 118: Inciting to War or Giving Motives for
involved
Reprisals (c) The offender levies war against the
(2) Art. 119: Violation of Neutrality
government
(3) Art. 120: Correspondence with Hostile Country
(4) Art. 121: Flight to Enemys Country
MODE 2: ADHERENCE TO THE ENEMY AND
(5) Art. 122: Piracy in General and Mutiny on the
GIVING OF AID OR COMFORT
High Seas or in Philippine Waters
Elements:
(6) Art. 123: Qualified Piracy
(a) The offender is a Filipino or resident alien
The crimes under this title can be prosecuted (b) There is a war in which the Philippines is
even if the criminal act or acts were committed involved
outside the Philippine territorial jurisdiction. (c) That the offender adheres to the enemies,
This is one of the instances where the RPC may giving them aid or comfort
be given extra-territorial application under
Treason is a breach of allegiance to a
[Article 2 (5)] thereof. However, prosecution can
government, committed by a person who owes
proceed only if the offender is:
allegiance to it. It cannot be committed in the
(1) within Philippine territory, OR
time of peace. There are two ways of
(2)brought to the Philippines pursuant to an
committing treason:
extradition treaty. (1) By levying war against the Government and
Crimes against national security can be tried only
(2) By adhering to the enemies of the
in the Philippines, as there is a need to bring the
Philippines, giving them aid or comfort. [Reyes
offender here before he can be made to suffer
(2008)]
the consequences of the law.
To be treasonous, the extent of aid and comfort
In the case of crimes against the law of nations,
given to the enemies must be to render
the offender can be prosecuted wherever he
assistance to them as enemies and not as
may be found because the crimes are regarded
individuals, in the furtherance of the enemies
as committed against humanity in general. hostile designs.
The acts against national security may be
Intent of disloyalty is a vital ingredient in the
committed abroad and still be punishable
crime of treason, which in the absence of
under our law.
admission may be gathered from the nature
and circumstances of each particular case
General rule: Almost all of these are crimes
[People v. Perez].
committed in times of war.
Exceptions: The following can be committed in
times of peace:
(1) Espionage [Art. 117] This is also covered by
Commonwealth Act No. 616 which punishes
conspiracy to commit espionage.

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UP LAW BOC CRIMINAL LAW 2
MODE 1: LEVYING WAR
The following must concur:
(1) That there must be an actual assembling of
men;
(2) For the purpose of executing a treasonable
design by force.
There must be an actual assembling of men. The
mere acceptance of the commission from the
secretary of war of the Katipunan by the
accused, nothing else having been done, was
not an overt act of treason within the meaning
of the law. [U.S. v. De los Reyes]
The levying of war must be directed against the
government. It must be with intent to overthrow
the government as such, not merely to resist a
particular statute or to repel a particular officer.
[Reyes (2008); citing 3 Whartons Criminal Law,
12th Ed.]
The levying of war must be in collaboration with a
foreign enemy. If the levying of war is merely a
civil uprising, without any intention of helping
an external enemy, the crime is not treason. The
offenders may be held liable for rebellion under
Article 135 in relation to Article 134 of the RPC.
[Reyes (2008)]
MODE 2: ADHERENCE TO THE ENEMY
Adherence and giving aid or comfort to the
enemy must concur. Adherence to the enemy
means intent to betray. Aid or comfort means
an act which strengthens or tends to strengthen
the enemy in the conduct of war against the
traitors country and an act which weakens or
tends to weaken the power of the traitors
country to resist or to attack the enemy. [Cramer
v. U.S.]
When there is no adherence to the enemy, the act
which may do aid or comfort to the enemy does
not amount to treason. [Reyes (2008)]
Acceptance of public office and discharge of
official duties under the enemy do not
constitute per se the felony of treason. But
when there is adherence to the enemy, then
such constitute treason. [People v. Sison]
The overt act of aid and comfort to the enemy
must be intentional, as distinguished from
merely negligent or undesigned ones. [Cramer
vs. US]
General Rule: When the killings and other
common crimes are charged as overt acts of
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CRIMINAL LAW
treason, they cannot be regarded: (1) as separate
crimes, or (2) as complexed with treason.
Exception: But this rule would not preclude the
punishment of murder or other common crimes
as such, if the prosecution should elect to
prosecute the culprit specifically for these crimes,
instead of relying on them as an element of
treason. [People vs. Prieto]
Treason by a Filipino citizen can be committed
outside of the Philippines. Treason by an alien
must be committed in the Philippines.
The crime of treason is of such a nature that it
may be committed by one single act, by a series
of acts, or by several series thereof, not only in a
single time, but in different times, it being a
continuous crime. [People vs. Victoria]
Two Ways of Proving Treason
(1) Testimony of at least two witnesses to the
same overt act; or
(2) Confession of accused in open court. [Art.
114(2), RPC]
The Two-witness Rule
The testimony of two witnesses is required to
prove the overt act of giving aid or comfort. It is
not necessary to prove adherence. Each of the
witness must testify to the whole overt act; or if it
is separable, there must be two witnesses to each
part of the overt act. [People vs. Escleto]
Adherence may be proved:
(1) By one witness,
(2) From the nature of the act itself, or
(3) From the circumstances surrounding the act.
Adherence need not be proven by two witness
testimonies may be inferred from one witness,
or from the nature of the act itself or other
circumstances [People vs. Adriano]
Aggravating Circumstances
Cruelty and ignominy are aggravating
circumstances in treason.
But evident premeditation is not considered as
one since adherence and the giving of aid and
comfort to the enemy is usually a long
continued process requiring reflective and
persistent determination and planning. [People
vs. Racaza]
UP LAW BOC CRIMINAL LAW 2
Superior strength and treachery are
circumstances inherent in treason. Treachery is
merged in superior strength. Therefore, they are
not aggravating in treason. [People vs.
Adlawan]
The presence of the aggravating circumstances of
treachery, the aid of armed persons to insure or
afford impunity, and deliberately augmenting
the crimes by causing other wrongs not
necessary in the commission thereof are
inherent in the crime of treason and thus shall
not be appreciated as aggravating
circumstances. [People vs Victoria]
The defenses of Suspended Allegiance and Change
of Sovereignty are not accepted because:
(1) A citizen owes an absolute and permanent
allegiance to his Government;
(2) The sovereignty of the Government is not
transferred to the enemy by mere occupation;
(3) The subsistence of the sovereignty of the
legitimate Government in a territory occupied
by the military forces of the enemy during the
war is one of the rules of International Law; and
(4) What is suspended is the exercise of the
rights of sovereignty.
In addition to the defense of duress or
uncontrollable fear, lawful obedience to a de
facto Government is a good defense in treason.
The Philippine Executive Commission, as well as
the Republic established by the Japanese
occupation army in the Philippines, had all the
characteristics of a de facto Government. [Go
Kim Cham vs. Valdez]
Defense of loss of citizenship by joining the army
of the enemy is not valid. The accused cannot
divest himself of his Philippine citizenship by
the simple expedient of accepting a commission
in the military, naval or air service of such
country. If his contention is sustained, his very
crime would be the shield that would protect
him from punishment. [People vs. Manayao]
Article 115. Conspiracy and Proposal to
Commit Treason
Elements of Conspiracy to commit treason:
(a) There is a war in which the Philippines is
involved
(b) At least two persons come to an agreement to
Article 116 does not apply when the crime of
(1) Levy war against the government; or
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CRIMINAL LAW
(2) Adhere to the enemies, giving them aid or
comfort
(c) That person proposes its execution to other
persons
(d) They decide to commit it
Elements of Proposal to commit treason:
(a) There is a war in which the Philippines is
involved
(b) At least one person decides to
(1) Levy war against the government; or
(2) Adhere to the enemies, giving them aid or
comfort
(c) That the person proposes its execution to other
persons.
General rule: Conspiracy and proposal to commit
a felony is not punishable under Article 8.
Exception: Under Article 115, mere conspiracy or
proposal to commit treason is punishable. This is
because, in treason, the very existence of the
state is endangered. [Reyes (2008)]
The two-witness rule does not apply to
conspiracy or proposal to commit treason
because this is a separate and distinct offense
from that of treason. [U.S. vs. Bautista]
Article 116 - Misprision of Treason
Elements:
(a) Offender owes allegiance to the government,
and is not a foreigner
(b) He has knowledge of conspiracy to commit
treason against the government
(c) He conceals or does not disclose and make
known the same as soon as possible to the
governor or fiscal of the province in which he
resides, or the mayor or fiscal of the city in which
he resides
Misprision of treason is a crime that may be
committed only by citizens of the Philippines. It
cannot be committed by a resident alien.
The essence of the crime is that there are persons
who conspire to commit treason and the
offender knew this and failed to make the
necessary report to the government within the
earliest possible time.
treason is already committed by someone and
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

the accused does not report its commission to the defense of the Philippines, by reason of the
the proper authority. The provision only speaks public office he holds;
of knowledge of any conspiracy against the (c) That he discloses their contents to a
Government of the Philippines, not knowledge representative of a foreign nation.
of treason actually committed by another. The
criminal liability arises if the accused learned of Under paragraph 1 of Article 117, the offender may
the treasonous activity while still at the be any person, but under paragraph 2, the
conspiratorial stage because if he learned of the offender must be a public officer who has in his
treason when it had already erupted into an possession the information by reason of the
overt act, then the implication is that the public office he holds.
government is already aware of it. To be liable under paragraph 1, the offender must
The offender in misprision of treason is punished have the intention to obtain information relative
as an accessory to treason. Note that Article 116 to the defense of the Philippines. It is not
does not provide for a penalty. However, the necessary that the information, etc. is obtained.
offender is a principal in the crime of misprision It is sufficient that the offender has the purpose
of treason. to obtain any of them.
Any person in authority having the equivalent
jurisdiction (of a mayor, fiscal or governor), like a Espionage Treason
provincial commander, will already negate
criminal liability. Not conditioned by the Not conditioned by the
Blood relationship is always subservient to citizenship of the citizenship of the
national security. Article 20 of the RPC offender offender
regarding accessories who are exempt from May be committed both Committed only in time
criminal liability does not apply in this case in time of war and in of war
because persons found liable for this crime are time of peace
not considered accessories, but as principals. May be committed in Limited only to two
Article 116 is an exception to the rule that mere many ways ways of committing the
silence does not make a person criminally crime: levying of war
liable. [US vs. Caballeros] and adhering to the
enemy giving him aid or
Article 117 Espionage comfort
MODE 1: ENTERING OF ESTABLISHMENT TO
OBTAIN CONFIDENTIAL INFORMATION CRIMES AGAINST THE LAW OF
REGARDING DEFENSE OF THE PHILIPPINES NATIONS
Elements:
(a) That the offender enters a warship, fort, or Article 118 - Inciting to War or Giving
naval or military establishment or reservation; Motives for Reprisals
(b) That he has no authority therefor;
(c) That his purpose is to obtain information, Elements:
plans, photographs or other data of a confidential (a) Offender performs unlawful or unauthorized
nature relative to the defense of the Philippines. acts
(b) The acts provoke or give occasion for:
MODE 2: DISCLOSING BY PUBLIC OFFICER OF (1) A war involving or liable to involve the
CONFIDENTIAL INFORMATION TO A Philippines; or
FOREIGN REPRESENTATIVE (2) Exposure of Filipino citizens to reprisals on
their persons or property
Elements:
(a) That the offender is a public officer; This crime is committed in time of peace.
(b) That he has in his possession the articles, data
or information of a confidential nature relative to

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UP LAW BOC CRIMINAL LAW 2
The intention of the offender is immaterial. The
law considers the effects produced by the acts
of the accused. [Reyes (2008) citing Viada]
Examples: The public destruction of the flag or
seal of a foreign state or the public
manifestations of hostility to the head or
ambassador of another state.
Article 119 - Violation of Neutrality
Elements
(a) There is a war in which the Philippines is not
involved
(b) There is a regulation issued by a competent
authority to enforce neutrality
(c) Offender violates the regulation
Neutrality - A nation or power which takes no part
in a contest of arms going on between other
countries.
Article 120 - Correspondence with
Hostile Country
Elements:
(a) It is in time of war in which the Philippines is
involved
(b) Offender makes correspondence with an
enemy country or territory occupied by enemy
troops
(c) The correspondence is either
(1) Prohibited by the government, or
(2) Carried on in ciphers or conventional signs,
or
(3) Containing notice or information which
might be useful to the enemy.
Correspondence - Communication by means of
letters, which pass between those who have
friendly or business relations.
Even if the correspondence contains innocent
matters, if the correspondence has been
prohibited by the Government, it is punishable.
Prohibition by the Government is not essential in
paragraphs 2 and 3 of Article 120.
Circumstances qualifying the offense under
sentence 2, paragraph 3
The following must concur:
(1) That the notice or information might be useful
to the enemy, and
(2) That the offender intended to aid the enemy.
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CRIMINAL LAW
If the offender intended to aid the enemy by
giving such notice or information, the crime
amounts to treason; hence, the penalty is the
same as that for treason. [Reyes, 2008]
Article 121 - Flight to Enemy's Country
Elements:
(a) There is a war in which the Philippines is
involved
(b) Offender must be owing allegiance to the
government
(c) Offender attempts to flee or go to enemy
country
(d) Going to the enemy country is prohibited by
competent authority
An alien resident may be guilty of flight to enemy
country. The law does not say not being a
foreigner. Hence, the allegiance contemplated
in this article is either natural or temporary
allegiance. [Reyes, 2008]
Article 122 - Piracy in General and
Mutiny on the High Seas or in
Philippine Waters
Elements:
(a) The vessel is on the high seas or Philippine
waters
(b) Offenders are neither members of its
complement nor passengers of the vessel
(c) Offenders either
(1) Attack or seize that vessel; or
(2) Seize the whole or part of its cargo, its
equipment or personal belongings of its
complement or passengers
(d) There is intent to gain
Acts Punished in Piracy:
(1) Attacking or seizing a vessel on the high seas
or in Philippine waters
(2) Seizing the whole or part of its cargo,
complement or passengers while the vessel is on
the high seas or in Philippine waters
High Seas - The Convention on the Law of the Sea
defined it as parts of the seas that are not
included in the exclusive economic zone, in the
territorial seas, or in the internal waters of a
state, or in the archipelagic waters of an
archipelagic state.
UP LAW BOC CRIMINAL LAW 2
Piracy - It is robbery or forcible depredation on
the high seas, without lawful authority and
done with animo furandi and in the spirit and
intention of universal hostility. [People vs. Lol-lo]
Mutiny - It is the unlawful resistance to a superior
officer, or the raising of commotions and
disturbances
Mutiny is punished in Article 122. Mutiny is
usually committed by the other members of the
complement and may be committed by the
passengers of the vessel.
Piracy Mutiny
Persons who attack the Persons who attack the
vessel or seize its cargo vessel or seize its cargo
are strangers to said are members of the
vessels crew or passengers
Intent to gain is Intent to gain is not
essential essential. The offenders
may only intend to
ignore the ships
officers or they may be
prompted by a desire to
commit plunder.
Abetting Piracy
In Section 4 of Presidential Decree No. 532, the
act of aiding pirates or abetting piracy is
penalized as a crime distinct from piracy.
Said section penalizes any person who knowingly
and in any manner aids or protects pirates, such
as giving them information about the
movement of the police or other peace officers
of the government, or acquires or receives
property taken by such pirates, or in any manner
derives any benefit therefrom; or who directly or
indirectly abets the commission of piracy.
Also, it is expressly provided in the same section
that the offender shall be considered as an
accomplice of the principal offenders and
punished in accordance with the Revised Penal
Code.
This provision of PD No. 532 with respect to
piracy in Philippine waters has not been
incorporated into the RPC. Neither may it be
considered repealed by RA 7659 since there is
nothing in the amendatory law, which is
inconsistent with said section.
Apparently, there is still the crime of abetting
piracy in Philippine waters under PD No. 532.
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CRIMINAL LAW
RA 9372
A person who commits an act punishable as
piracy and mutiny under Article 122 thereby
sowing and creating a condition of widespread
and extraordinary fear and panic among the
populace, in order to coerce the government to
give in to an unlawful demand shall be guilty of
the crime of terrorism.
Article 123 - Qualified Piracy
Elements:
(a) The vessel is on the high seas or Philippine
waters
(b) Offenders may or may not be members of its
complement, or passengers of the vessel
(c) Offenders either
(1) Attack or seize the vessel; or
(2) Seize the whole or part of its cargo, its
equipment, or personal belongings of its crew
or passengers
(d) The preceding were committed under any of
the following circumstances:
(1) Whenever they have seized a vessel by
boarding or firing upon the same;
(2) Whenever the pirates have abandoned
their victims without means of saving
themselves; or
(3) Whenever the crime is accompanied by
murder, homicide, physical injuries or rape
If any of the circumstances in Article 123 is
present, piracy is qualified.
Paragraph 2 of Article 123 specifically mentions
pirates thereby excluding mutineers from said
paragraph. It would seem, however, that it
should be in paragraph 1 where the word
pirates should be specifically mentioned and
not in paragraph 2, because in paragraph 1, the
mutineers, being already in the vessel, cannot
seize the vessel by boarding or firing upon the
same. [Reyes, 2008]
Murder, rape, homicide, physical injuries are mere
circumstances qualifying piracy and cannot be
punished as separate crimes, nor can they be
complexed with piracy.
Although Article 123 refers to qualified piracy,
there is also the crime of qualified mutiny.
Mutiny is qualified under the following
circumstances:
UP LAW BOC CRIMINAL LAW 2
(1) When the offenders abandoned the victims
without means of saving themselves; or
(2) When the mutiny is accompanied by rape,
murder, homicide, or physical injuries
The first circumstance which qualifies piracy
does not apply to mutiny.
SPECIAL LAW
PD 532: Anti-Piracy and Anti-Highway
Robbery
DEFINITION OF TERMS
Section 2. Definition of Terms. The following
terms shall mean and be understood, as follows:
a. Philippine Waters. It shall refer to all bodies of
water, such as but not limited to, seas, gulfs, bays
around, between and connecting each of the
Islands of the Philippine Archipelago, irrespective
of its depth, breadth, length or dimension, and all
other waters belonging to the Philippines by
historic or legal title, including territorial sea, the
sea-bed, the insular shelves, and other
submarine areas over which the Philippines has
sovereignty or jurisdiction.
b. Vessel. Any vessel or watercraft used for
transport of passengers and cargo from one
place to another through Philippine Waters. It
shall include all kinds and types of vessels or
boats used in fishing.
c. Philippine Highway. It shall refer to any road,
street, passage, highway and bridges or other
parts thereof, or railway or railroad within the
Philippines used by persons, or vehicles, or
locomotives or trains for the movement or
circulation of persons or transportation of goods,
articles, or property or both.
d. Piracy. Any attack upon or seizure of any vessel,
or the taking away of the whole or part thereof or
its cargo, equipment, or the personal belongings
of its complement or passengers, irrespective of
the value thereof, by means of violence against or
intimidation of persons or force upon things,
committed by any person, including a passenger
or member of the complement of said vessel, in
Philippine waters, shall be considered as piracy.
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CRIMINAL LAW
The offenders shall be considered as pirates and
punished as hereinafter provided.
e. Highway Robbery/Brigandage. The seizure of
any person for ransom, extortion or other
unlawful purposes, or the taking away of the
property of another by means of violence against
or intimidation of person or force upon things of
other unlawful means, committed by any person
on any Philippine Highway.
PUNISHABLE ACTS
Section 3. Penalties. Any person who commits
piracy or highway robbery/brigandage as herein
defined, shall, upon conviction by competent
court be punished by:
a. Piracy. The penalty of reclusion temporal in its
medium and maximum periods shall be imposed.
If physical injuries or other crimes are committed
as a result or on the occasion thereof, the penalty
of reclusion perpetua shall be imposed. If rape,
murder or homicide is committed as a result or
on the occasion of piracy, or when the offenders
abandoned the victims without means of saving
themselves, or when the seizure is accomplished
by firing upon or boarding a vessel, the
mandatory penalty of death shall be imposed.
b. Highway Robbery/Brigandage. The penalty of
reclusion temporal in its minimum period shall be
imposed. If physical injuries or other crimes are
committed during or on the occasion of the
commission of robbery or brigandage, the penalty
of reclusion temporal in its medium and
maximum periods shall be imposed. If
kidnapping for ransom or extortion, or murder or
homicide, or rape is committed as a result or on
the occasion thereof, the penalty of death shall
be imposed.
Section 4. Aiding pirates or highway
robbers/brigands or abetting piracy or highway
robbery/brigandage. Any person who knowingly
and in any manner aids or protects pirates or
highway robbers/brigands, such as giving them
information about the movement of police or
other peace officers of the government, or
acquires or receives property taken by such
pirates or brigands or in any manner derives any
benefit therefrom; or any person who directly or
indirectly abets the commission of piracy or
UP LAW BOC CRIMINAL LAW 2
highway robbery or brigandage, shall be
considered as an accomplice of the principal
offenders and be punished in accordance with the
Rules prescribed by the Revised Penal Code.
It shall be presumed that any person who does
any of the acts provided in this Section has
performed knowingly, unless the contrary is
proven.
RA 6235: Anti-Hijacking Law
PUNISHABLE ACTS
Section 1. It shall be unlawful for any person to
compel a change in the course or destination of
an aircraft of Philippine registry, or to seize or
usurp the control thereof, while it is in flight. An
aircraft is in flight from the moment all its
external doors are closed following embarkation
until any of such doors is opened for
disembarkation.
It shall likewise be unlawful for any person to
compel an aircraft of foreign registry to land in
Philippine territory or to seize or usurp the control
thereof while it is within the said territory.
Section 3. It shall be unlawful for any person,
natural or juridical, to ship, load or carry in any
passenger aircraft operating as a public utility
within the Philippines, and explosive, flammable,
corrosive or poisonous substance or material.
Section 4. The shipping, loading or carrying of
any substance or material mentioned in the
preceding section in any cargo aircraft operating
as a public utility within the Philippines shall be
in accordance with regulations issued by the Civil
Aeronautics Administration
RA 9372: Human Security Act of 2007
SEC. 3. Terrorism. Any person who commits an
act punishable under any of the following
provisions of the Revised Penal Code:
1. Article 122 (Piracy in General and Mutiny in the
High Seas or in the Philippine Waters);
2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup dEtat), including acts
committed by private persons;
4. Article 248 (Murder);
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CRIMINAL LAW
5. Article 267 (Kidnapping and Serious Illegal
Detention);
6. Article 324 (Crimes Involving Destruction),
or under
1. Presidential Decree No. 1613 (The Law on
Arson);
2. Republic Act No. 6969 (Toxic Substances and
Hazardous and Nuclear Waste Control Act of
1990);
3. Republic Act No. 5207, (Atomic Energy
Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-piracy and
Anti-highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended
(Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing in,
Acquisition or Disposition of Firearms,
Ammunitions or Explosives)
thereby sowing and creating a condition of
widespread and extraordinary fear and panic
among the populace, in order to coerce the
government to give in to an unlawful demand
shall be guilty of the crime of terrorism and shall
suffer the penalty of forty (40) years of
imprisonment, without the benefit of parole as
provided for under Act No. 4103, otherwise known
as the Indeterminate Sentence Law, as amended.
WHO ARE LIABLE
SEC. 4. Conspiracy to Commit Terrorism. Persons
who conspire to commit the crime of terrorism
shall suffer the penalty of forty (40) years of
imprisonment.
There is conspiracy when two or more persons
come to an agreement concerning the
commission of the crime of terrorism as defined
in Section 3 hereof and decide to commit the
same.
SEC. 5. Accomplice. Any person who, not being a
principal under Article 17 of the Revised Penal
Code or a conspirator as defined in Section 4
hereof, cooperates in the execution of either the
crime of terrorism or conspiracy to commit
terrorism by previous or simultaneous acts shall
suffer the penalty of from seventeen (17) years,
four (4) months one day to twenty (20) years of
imprisonment.
UP LAW BOC CRIMINAL LAW 2
SEC. 6. Accessory. Any person who, having
knowledge of the commission of the crime of
terrorism or conspiracy to commit terrorism, and
without having participated therein, either as
principal or accomplice under Articles 17 and 18
of the Revised Penal Code, takes part subsequent
to its commission in any of the following manner:
(a) by profiting himself or assisting the offender
to profit by the effects of the crime; (b) by
concealing or destroying the body of the crime, or
the effects, or instruments thereof, in order to
prevent its discovery; (c) by harboring, concealing,
or assisting in the escape of the principal or
conspirator of the crime, shall suffer the penalty
of ten (10) years and one day to twelve (12) years
of imprisonment.
Notwithstanding the above paragraph, the
penalties prescribed for accessories shall not be
imposed upon those who are such with respect to
their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and
sisters, or relatives by affinity within the same
degrees, with the single exception of accessories
falling within the provisions of subparagraph (a).
Title II. Crimes against
Fundamental Laws of the
State
(1) Art. 124: Arbitrary Detention
(2) Art. 125: Delay in the Delivery Of Detained
Persons to the Proper Judicial Authorities
(3) Art. 126: Delaying Release
(4) Art. 127: Expulsion
(5) Art. 128: Violation of Domicile
(6) Art.129: Search Warrants Maliciously Obtained
and Abuse in the Service of those Legally
Obtained
(7) Art. 130: Searching Domicile Without
Witnesses
(8) Art. 131: Prohibition, Interruption and
Dissolution of Peaceful Meetings
(9) Art. 132: Interruption of Religious Worship
(10) Art. 133: Offending the Religious Feelings
Crimes under this title are those that violate
certain provisions of the Bill of Rights.
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CRIMINAL LAW
All offenses under this title can only be
committed by public officers; except offending
the religious feelings under Article 133.
A private person may be liable under these
articles ONLY WHEN he:
(1) Conspires with a public officer; OR
(2) He becomes an accomplice or accessory to
said crimes
ARTICLE 133 can be committed by EITHER a
public officer OR a private person.
Article 124 - Arbitrary Detention
Elements:
(a) That the offender is a public officer or
employee
(b) That he detains a person
(c) That the detention is without a legal ground
The Crime of Arbitrary Detention assumes
several forms:
(1) Detaining a person without legal grounds [Art.
124];
(2) Having arrested the offended party for legal
grounds but without warrant of arrest, and the
public officer does not deliver the arrested
person to the proper judicial authority within
the period of 12, 18, or 36 hours, as the case
may be [Art. 125]; or
(3) Delaying release by competent authority with
the same period mentioned in number 2 [Art.
126].
The detention of a person is without legal
ground:
(1) When he has not committed any crime or, at
least, there is no reasonable ground for
suspicion that he has committed a crime, or
(2) When he is not suffering from violent insanity
or any other ailment requiring compulsory
confinement in a hospital.
A public officer is deemed such when he is acting
within the bounds of his official authority or
function.
A police officer who employs force in excess of
what is necessary is acting outside the bounds
of his duties and is considered acting in his
private capacity. [Boado, Comprehensive
Reviewer in Criminal Law]
In the crime of arbitrary detention, although the
offender is a public officer, not any public officer
 UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

can commit this crime. Only those public against commit,

officers whose official duties carry with it the warrantless deliver him
authority to make an arrest and detain persons arrest to the
can be guilty of this crime. proper
In a case decided by the Supreme Court a authority,
Barangay Chairman who unlawfully detains and file the
another was held to be guilty of the crime of necessary
arbitrary detention. This is because he is a charges to
person in authority vested with jurisdiction to incriminate
maintain peace and order within his barangay. him
[Milo v. Salanga (1987)]
There must be an actual restraint of liberty of the
Article 125 - Delay in the Delivery of
offended party.
The crime committed is only grave or light threats Detained Persons to the Proper Judicial
if the offended party may still go to the place Authorities
where he wants to go, even though there have
been warnings. Elements:
If the offender falsely imputes a crime against a (a) Offender is a public officer or employee
person to be able to arrest him and appear not (b) He detains a person for some legal ground
determined to file a charge against him, the (c) He fails to deliver such person to the proper
crime is arbitrary detention through unlawful judicial authorities within
arrest. [Boado, Comprehensive Reviewer in (1) 12 hours for light penalties
Criminal Law] (2) 18 hours for correctional penalties
A case where a DENR team was invited to Mayor (3) 36 hours for afflictive or capital penalties
Astorgas house from 530pm to 230am for
dinner and drinks, does not fall under Arbitrary This is applicable only when the arrest is without a
Detention. Absent any physical restraint, an warrant. But the arrest must be lawful.
element of the said crime is fear. No record on At the beginning, the detention is legal since it is
evidence showed that the mayor instilled fear in the pursuance of a lawful arrest. Detention
into the minds of the DENR team while they becomes arbitrary when the:
were in the Mayors house. [Astorga v. People (1) Applicable period lapses
(2004)] (2) Without the arresting officer filing a formal
Arrest without warrant is the usual cause of charge with the proper court.
arbitrary detention. The periods stated are counted only when the
prosecutors office is ready to receive the
complaint or information. Nighttime is not
ARBITRARY ILLEGAL UNLAWFUL
included in the period.
DETENTION DETENTION ARREST
Delivery - the filing of correct information with the
Offender Public officer Private Any person proper court (or constructive delivery -- turning
who has person; OR over the person arrested to the jurisdiction of
authority to Public officer the court). The purpose is to determine whether
make arrests who is acting the offense is bailable or not. (Upon delivery,
and detain in a private judge or court acquires jurisdiction to issue an
persons capacity or order of release or of commitment of prisoner.)
beyond the [Sayo v. Chief of Police (1948)]
scope of his
official duty The elements of custodial investigation are:
Criminal Violate the Deprive the Accuse the (1) The suspect is deprived of liberty in any
Intent offended offended offended significant manner;
partys party of his party of a (2) The interrogation is initiated by law
constitutional personal crime he enforcement authorities;
freedom liberty did not

PAGE 126
UP LAW BOC CRIMINAL LAW 2
(3) The interrogation is inculpatory in character.
[People v. Tan (1998)]
Where the invitation comes from a powerful
group composed predominantly of ranking
military officers and the designated
interrogation site is a military camp, the same
can be easily taken NOT as a strictly voluntary
invitation. It is an authoritative command that
one can only defy at ones peril. [Sanchez v.
Demetriou (1993)]
Detained person should be released when a
judge is not available. [Albior vs. Aguis (2003)]
Waiver of the provisions of Article 125
Before the complaint or information is filed, the
person arrested may ask for a preliminary
investigation in accordance with Rule 112 of the
Revised Rules of Criminal Procedure, but he
must sign a waiver of the provisions of Article
125 of the Revised Penal Code in the presence
of his counsel. Notwithstanding the waiver, he
may apply for bail and the investigation must be
terminated within fifteen days from its
inception. [Section 7, par. 2, Rule 112 of the
Revised Rules of Criminal Procedure]
Article 126 - Delaying Release
Elements:
(a) Offender is a public officer or employee
(b) There is a:
(1) Judicial or executive order for the release of
a prisoner or detention prisoner, OR
(2) A proceeding upon a petition for the
liberation of such person
(c) Offender without good reason delays
(1) The service of the notice of such order to
the prisoner
(2) The performance of such judicial or
executive order for the release of the
prisoner; OR
(3) The proceedings upon a petition for the
release of such person
Article 127 Expulsion
Elements:
(a) Offender is a public officer or employee
(b) He either
(1) Expels any person from the Philippines; OR
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CRIMINAL LAW
(2) Compels a person to change residence
(c) Offender is not authorized to do so by law
The city mayor of Manila committed the crime of
expulsion when he ordered certain prostitutes
to be transferred to Davao WITHOUT observing
due process since they have not been charged
with any crime. [Villavicencio v. Lukban (1919)]
Article 128 - Violation of Domicile
Acts punished:
(1) Entering any dwelling against the will of the
owner thereof
(2) Searching papers or other effects found
therein without the previous consent of such
owner, OR
(3) Refusing to leave the premises, after having
surreptitiously entered said dwelling and after
having been required to leave the same
Elements COMMON to the three acts:
(a) Offender is a public officer or employee
(b) He is not authorized by judicial order
(1) To enter the dwelling;
(2) To make a search therein for papers or
other effects; or
(3) He refuses to leave, after having
surreptitiously entered such dwelling and
been required to leave the same
Qualifying circumstances:
(1) Night time
(2) Papers or effects not constituting evidence of
a crime are not returned immediately after the
search made by the offender
A public officer who breaks into the premises
incurs no liability WHEN a person to be arrested
enters said premises and closes it thereafter,
provided that the officer first gives a notice of
arrest. [Rule 113, Revised Rules of Court]
The public officer should have first given notice of
an arrest.
According to People vs. Doria (1999) and People
vs. Elamparo (2000), the following are the
accepted exceptions to the warrant
requirement:
(1) Search incidental to an arrest;
(2) Search of moving vehicles;
(3) Evidence in plain view;
(4) Stop and frisk;
(5) Customs searches; AND
UP LAW BOC CRIMINAL LAW 2
(6) Consented warrantless search.
[M]ere suspicion or a hunch will not validate a
"stop and frisk."
A genuine reason must exist, in light of the police
officer's experience and surrounding conditions,
to warrant the belief that the person detained
has weapons concealed about him.
Finally, a "stop-and-frisk" serves a two-fold
interest:
(1) The general interest of effective crime
prevention and detection, which underlies
the recognition that a police officer may,
under appropriate circumstances and in an
appropriate manner, approach a person for
purposes of investigating possible criminal
behavior even without probable cause; and
(2) The more pressing interest of safety and
self-preservation which permit the police
officer to take steps to assure himself that
the person with whom he deals is not armed
with a deadly weapon that could
unexpectedly and fatally be used against the
police officer. [Malacat v. CA (1997)]
Against the will - the offender ignored the
prohibition of the owner which may be express
or implied as when the door is closed even
though not locked. [Boado, Comprehensive
Reviewer in Criminal Law]
The offender must be a public officer or
employee. If the offender is a private individual
then the crime is trespass to dwelling under
Article 280.
Article 129 - Search Warrants
Maliciously Obtained, and Abuse in the
Service of Those Legally Obtained
Elements of procuring a search warrant
without just cause:
(a) Offender is a public officer or employee
(b) He procures a search warrant
(c) There is no just cause
Elements of exceeding authority or using
unnecessary severity in executing a search
warrant legally procured:
(a) Offender is a public officer or employee
(b) He has legally procured a search warrant
(c) He exceeds his authority or uses unnecessary
severity in executing the same
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Article 130 - Searching Domicile
without Witnesses
Elements:
(a) Offender is a public officer or employee
(b) He is armed with search warrant legally
procured
(c) He searches the domicile, papers or other
belongings of any person
(d) The owner, or any members of his family, or
two witnesses residing in the same locality are
not present
RULE 116: SEARCH AND SEIZURE
A search warrant is an order in writing -
(1) Signed by a judge
(2) Directed to a peace officer, commanding him
to search for personal property described
therein and bring it before the court
Requisites for issuing a search warrant:
(1) Probable cause, in connection with one specific
offense, to be determined personally by the
judge AFTER examination under oath or
affirmation of the complainant and the
witness he may produce
(2) Particular description of:
(a) Place to be searched; AND
(b) Things to be seized which may be anywhere in
the Philippines
An officer may break open any outer or inner door
or window of a house or any part of a house or
anything therein WHEN these circumstances
concur:
(1) He is refused admittance to the place of
directed search;
(2) His purpose is to execute the warrant to liberate
himself or any person lawfully aiding him when
unlawfully detained therein; and
(3) He has given notice of his purpose and
authority.
The warrant must direct that it be served in the
daytime. HOWEVER, it can be served at any
time of the day or night WHEN the affidavit
asserts that the property is on the person or in
the place ordered to be searched.
A search warrant shall be valid for ten (10) days
from its date. Thereafter, it shall be void.
The officer seizing the property under the warrant
must give a detailed receipt for the same to the
UP LAW BOC CRIMINAL LAW 2
lawful occupant of the premises in whose
presence the search and seizure were made.
In the absence of such occupant, the officer must:
(1) Leave a receipt in the place in which he found
the seized property;
(2) In the presence of at least two witnesses of
sufficient age and discretion residing in the
same locality.
Article 131 - Prohibition, Interruption
and Dissolution of Peaceful Meetings
Elements:
(a) Offender is a public officer or employee
(b) He performs any of the following acts:
(1) Prohibiting or interrupting, without legal
ground, the holding of a peaceful meeting,
or by dissolving the same
(2) Hindering any person from joining any
lawful association, or from attending any of
its meetings
(3) Prohibiting or hindering any person from
addressing, either alone or together with
others, any petition to the authorities for
the correction of abuses or redress of
grievances
The government has a right to require a permit
before any gathering can be made. HOWEVER,
the government only has regulatory, NOT
PROHIBITORY, powers with regard to such
requirement.
The permit should state the day, time, and place
of the gathering.
If the permit is denied arbitrarily, OR the officer
dictates the place where the meeting is to be
held, this article is VIOLATED.
If in the course of the assembly, which started out
peacefully, the participants committed illegal
acts like oral defamation or inciting to sedition,
a public officer or law enforcer can stop or
dissolve the meeting.
Two criteria to determine whether this article
would be violated:
(1) Dangerous tendency rule applied during
times of national unrest such as to prevent coup
detat.
(2) Clear and present danger rule applied
during times of peace. Stricter rule.
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CRIMINAL LAW
Article 132 - Interruption of Religious
Worship
Elements:
(a) Offender is a public officer or employee
(b) Religious ceremonies or manifestations of any
religion are about to take place or are going on
(c) Offender prevents or disturbs the same
If the crime is committed with violence or threats
the offense is qualified.
Article 133 - Offending the Religious
Feelings
Elements:
(1) Acts complained of were performed in a place
devoted to religious worship, OR during the
celebration of any religious ceremony
(2) The acts must be notoriously offensive to the
feelings of the faithful
In the phrase in a place devoted to religious
worship, it is not necessary that there is a
religious ceremony going on when the offender
performs acts notoriously offensive to the
feelings of the faithful. The phrase during the
celebration is separated by the word or from
the phrase place devoted to religious worship,
which indicates that the religious ceremony
need not be celebrated in a place of worship.
[Reyes (2008)]
Jurisprudence
A Catholic priest complained against a group
that passed by the churchyard as they were
holding the funeral rites of a Church of Christ
member.
An act is NOTORIOUSLY OFFENSIVE to the
religious feelings when a person:
(1) Ridicules or makes light of anything
constituting religious dogma
(2) Works or scoffs at anything devoted to
religious ceremonies
(3) Plays with or damages or destroys any
object of veneration of the faithful
WON an act is offensive to the religious feelings,
is a question of fact which must be adjudged
only according to the feelings of the Catholics
and not those of other faithful ones. [People v.
Baes (1939)]
UP LAW BOC CRIMINAL LAW 2
Laurel Dissent: The determination should NOT
be made to depend upon a more or less broad
or narrow conception of any given religion. Facts
and circumstances should be viewed through
an unbiased judicial criterion. (Note: This later
became the majority decision in [People v.
Tengson])
The crime is only UNJUST VEXATION when the
act is NOT directed at the religious belief itself
and there is no intention of causing so serious a
disturbance as to interrupt a religious
ceremony. [People v. Nanoy]
SPECIAL LAW
RA 9372 : Human Security Act
PERIOD OF DETENTION
SEC. 18. Period of Detention Without Judicial
Warrant of Arrest. The provisions of Article 125 of
the Revised Penal Code to the contrary
notwithstanding, any police or law enforcement
personnel, who, having been duly authorized in
writing by the Anti-Terrorism Council has taken
custody of a person charged with or suspected of
the crime of terrorism or the crime of conspiracy
to commit terrorism shall, without incurring any
criminal liability for delay in the delivery of
detained persons to the proper judicial
authorities, deliver said charged or suspected
person to the proper judicial authority within a
period of three (3) days counted from the
moment the said charged or suspected person
has been apprehended or arrested, detained, and
taken into custody by the said police, or law
enforcement personnel: Provided, That the arrest
of those suspected of the crime of terrorism or
conspiracy to commit terrorism must result from
the surveillance under Section 7 and examination
of bank deposits under Section 27 of this Act.
The police or law enforcement personnel
concerned shall, before detaining the person
suspected of the crime of terrorism, present him
or her before any judge at the latters residence or
office nearest the place where the arrest took
place at any time of the day or night. It shall be
the duty of the judge, among other things, to
ascertain the identity of the police or law
enforcement personnel and the person or
persons they have arrested and presented before
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CRIMINAL LAW
him or her, to inquire of them the reasons why
they have arrested the person and determine by
questioning and personal observation whether or
not the suspect has been subjected to any
physical, moral or psychological torture by whom
and why. The judge shall then submit a written
report of what he/she had observed when the
subject was brought before him to the proper
court that has jurisdiction over the case of the
person thus arrested. the judge shall forthwith
submit his/her report within three (3) calendar
days from the time the suspect was brought to
his/her residence or office.
Immediately after taking custody of a person
charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism, the
police or law enforcement personnel shall notify
in writing the judge of the court nearest the place
of apprehension or arrest: Provided, That where
the arrest is made during Saturdays, Sundays,
holidays or after office hours, the written notice
shall be served at the residence of the judge
nearest the place where the accused was
arrested.
The penalty of ten (10) years and one day to
twelve (12) years of imprisonment shall be
imposed upon the police or law enforcement
personnel who fails to notify any judge as
provided in the preceding paragraph.
SEC. 19. Period of Detention in the Event of an
Actual or Imminent Terrorist Attack. In the event
of an actual or imminent terrorist attack, suspects
may not be detained for more than three (3) days
without the written approval of a municipal, city,
provincial or regional official of a Human Rights
Commission or judge of the municipal, regional
trial court, the Sandiganbayan or a justice of the
Court of Appeals nearest the place of the arrest.
If the arrest is made during Saturdays, Sundays,
holidays or after office hours, the arresting police
or law enforcement personnel shall bring the
person thus arrested to the residence of any of
the officials mentioned above that is nearest the
place where the accused was arrested. The
approval in writing of any of the said officials
shall be secured by the police or law enforcement
personnel concerned within five (5) days after the
date of the detention of the persons concerned:
Provided, however, That within three (3) days
UP LAW BOC CRIMINAL LAW 2
after the detention the suspects, whose
connection with the terror attack or threat is not
established, shall be released immediately.
RA 9745: Anti-Torture Act
PUNISHABLE ACTS
Section 4. Acts of Torture. - For purposes of this
Act, torture shall include, but not be limited to,
the following:
(a) Physical torture is a form of treatment or
punishment inflicted by a person in authority or
agent of a person in authority upon another in
his/her custody that causes severe pain,
exhaustion, disability or dysfunction of one or
more parts of the body, such as:
(1) Systematic beating, headbanging, punching,
kicking, striking with truncheon or rifle butt
or other similar objects, and jumping on the
stomach;
(2) Food deprivation or forcible feeding with
spoiled food, animal or human excreta and
other stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically
heated rods, hot oil, acid; by the rubbing of
pepper or other chemical substances on
mucous membranes, or acids or spices
directly on the wound(s);
(5) The submersion of the head in water or
water polluted with excrement, urine, vomit
and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and
stressful bodily position;
(7) Rape and sexual abuse, including the
insertion of foreign objects into the sex
organ or rectum, or electrical torture of the
genitals;
(8) Mutilation or amputation of the essential
parts of the body such as the genitalia, ear,
tongue, etc.;
(9) Dental torture or the forced extraction of
the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as
sunlight and extreme cold;
(12) The use of plastic bag and other materials
placed over the head to the point of
asphyxiation;
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(i) The administration or drugs to induce
confession and/or reduce mental
competency; or
(ii) The use of drugs to induce extreme pain
or certain symptoms of a disease; and
(13) Other analogous acts of physical torture;
and
(b) "Mental/Psychological Torture" refers to acts
committed by a person in authority or agent of a
person in authority which are calculated to affect
or confuse the mind and/or undermine a person's
dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher
relative(s) with bodily harm, execution or
other wrongful acts;
(3) Confinement in solitary cells or secret
detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial",
public display or public humiliation of a
detainee or prisoner;
(6) Causing unscheduled transfer of a person
deprived of liberty from one place to
another, creating the belief that he/she shall
be summarily executed;
(7) Maltreating a member/s of a person's
family;
(8) Causing the torture sessions to be witnessed
by the person's family, relatives or any third
party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the
person naked, parading him/her in public
places, shaving the victim's head or putting
marks on his/her body against his/her will;
(11) Deliberately prohibiting the victim to
communicate with any member of his/her
family; and
(12) Other analogous acts of
mental/psychological torture.
Section 5. Other Cruel, Inhuman and Degrading
Treatment or Punishment. - Other cruel, inhuman
or degrading treatment or punishment refers to a
deliberate and aggravated treatment or
punishment not enumerated under Section 4 of
this Act, inflicted by a person in authority or agent
of a person in authority against another person in
UP LAW BOC CRIMINAL LAW 2
custody, which attains a level of severity sufficient
to cause suffering, gross humiliation or
debasement to the latter. The assessment of the
level of severity shall depend on all the
circumstances of the case, including the duration
of the treatment or punishment, its physical and
mental effects and, in some cases, the sex,
religion, age and state of health of the victim.
Section 6. Freedom from Torture and Other Cruel,
Inhuman and Degrading Treatment or
Punishment, An Absolute Bight. - Torture and
other cruel, inhuman and degrading treatment or
punishment as criminal acts shall apply to all
circumstances. A state of war or a threat of war,
internal political instability, or any other public
emergency, or a document or any determination
comprising an "order of battle" shall not and can
never be invoked as a justification for torture and
other cruel, inhuman and degrading treatment or
punishment.
Section 7. Prohibited Detention. - Secret
detention places, solitary confinement,
incommunicado or other similar forms of
detention, where torture may be carried out with
impunity are hereby prohibited.
In which case, the Philippine National Police
(PNP), the Armed Forces of the Philippines (AFP)
and other law enforcement agencies concerned
shall make an updated list of all detention
centers and facilities under their respective
jurisdictions with the corresponding data on the
prisoners or detainees incarcerated or detained
therein such as, among others, names, date of
arrest and incarceration, and the crime or offense
committed. This list shall be made available to
the public at all times, with a copy of the
complete list available at the respective national
headquarters of the PNP and AFP. A copy of the
complete list shall likewise be submitted by the
PNP, AFP and all other law enforcement
agencies to the Commission on Human Rights
(CHR), such list to be periodically updated, by the
same agencies, within the first five (5) days of
every month at the minimum. Every regional
office of the PNP, AFP and other law enforcement
agencies shall also maintain a similar list far all
detainees and detention facilities within their
respective areas, and shall make the same
available to the public at all times at their
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respective regional headquarters, and submit a
copy, updated in the same manner provided
above, to the respective regional offices of the
CHR.
WHO ARE LIABLE
Section 13. Who are Criminally Liable. - Any
person who actually participated or induced
another in the commission of torture or other
cruel, inhuman and degrading treatment or
punishment or who cooperated in the execution
of the act of torture or other cruel, inhuman and
degrading treatment or punishment by previous
or simultaneous acts shall be liable as principal
Any superior military, police or law enforcement
officer or senior government official who issued
an order to any lower ranking personnel to
commit torture for whatever purpose shall be
held equally liable as principals.
The immediate commanding officer of the unit
concerned of the AFP or the immediate senior
public official of the PNP and other law
enforcement agencies shall be held liable as a
principal to the crime of torture or other cruel or
inhuman and degrading treatment or
punishment for any act or omission, or
negligence committed by him/her that shall have
led, assisted, abetted or allowed, whether directly
or indirectly, the commission thereof by his/her
subordinates. If he/she has knowledge of or,
owing to the circumstances at the time, should
have known that acts of torture or other cruel,
inhuman and degrading treatment or
punishment shall be committed, is being
committed, or has been committed by his/her
subordinates or by others within his/her area of
responsibility and, despite such knowledge, did
not take preventive or corrective action either
before, during or immediately after its
commission, when he/she has the authority to
prevent or investigate allegations of torture or
other cruel, inhuman and degrading treatment or
punishment but failed to prevent or investigate
allegations of such act, whether deliberately or
due to negligence shall also be liable as
principals.
Any public officer or employee shall be liable as
an accessory if he/she has knowledge that torture
or other cruel, inhuman and degrading treatment
UP LAW BOC CRIMINAL LAW 2
or punishment is being committed and without
having participated therein, either as principal or
accomplice, takes part subsequent to its
commission in any of the following manner:
(a) By themselves profiting from or assisting
the offender to profit from the effects of
the act of torture or other cruel, inhuman
and degrading treatment or punishment;
(b) By concealing the act of torture or other
cruel, inhuman and degrading treatment
or punishment and/or destroying the
effects or instruments thereof in order to
prevent its discovery; or (c) By harboring,
concealing or assisting the escape of the
principal/s in the act of torture or other
cruel, inhuman and degrading treatment
or punishment: Provided, That the
accessory acts are done with the abuse of
the official's public functions.
Title III. Crimes against
Public Order
(1) Article 134 - Rebellion/Insurrection
(2) Article 134-A - Coup d tat
(3) Article 135 - Penalty for Rebellion, Insurrection
or Coup d tat
(4) Article 136 - Conspiracy and Proposal to
Commit Coup d tat, Rebellion or
Insurrection
(5) Article 137 - Disloyalty of Public Officers or
Employees
(6) Article 138 - Inciting to Rebellion or
Insurrection
(7) Article 139 Sedition
(8) Article 141 - Conspiracy to Commit Sedition
(9) Article 142 Inciting to Sedition
(10) Article 140 - Persons Liable for Sedition
(11) Article 143 - Acts Tending to Prevent the
Meeting of the Congress of the Philippines
and Similar Bodies
(12) Article 144 - Disturbance of Proceedings
(13) Article 145 - Violation of Parliamentary
Immunity
(14) Article 146 - Illegal Assemblies
(15) Article 147 - Illegal Associations
(16) Article 148 - Direct Assault
(17) Article 149 - Indirect Assault
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(18) Article 150 - Disobedience to Summons
Issued by Congress, Its Committees or
Subcommittees, by the Constitutional
Commissions, Its Committees, Subcommittees
or Divisions
(19) Article 153 - Tumults and Other Disturbances
of Public Order
(20) Article 151 - Resistance and Disobedience to
a Person in Authority or the Agents of Such
Persons
(21) Article 154 - Unlawful Use of Means of
Publication and Unlawful Utterances
(22) Article 156 - Delivering Persons from Jail
(23) Article 155 - Alarms and Scandals
(24) Article 157 - Evasion of Service of Sentence
(25) Article 159 - Other Cases of Evasion of Service
of Sentence
(26) Article 158 - Evasion of Service of Sentence
on the Occasion of Disorders, Conflagrations,
Earthquakes, or Other Calamities
(27) Article 160 - Quasi Recidivism
Chapter I. Rebellion, Coup detat,
Sedition and Disloyalty
Article 134 - Rebellion /Insurrection
Elements:
(a) There is a public uprising and taking arms
against the government;
(b) The purpose of the uprising or movement is:
(1) To remove from the allegiance to the
government or its laws the Philippine
territory or any part thereof, or any body of
land, naval, or other armed forces; or
(2) To deprive the Chief Executive or Congress,
wholly or partially, of any of their powers or
prerogatives.
Rule on Complexing of Rebellion: Rebellion
cannot be complexed with, but absorbs other
crimes committed in furtherance of rebellion.
There is no complex crime of rebellion with
murder and other common crimes.
Jurisprudence:
The doctrine laid down in People v. Hernandez
remains good law. This prohibits the
complexing of rebellion with any other offense
committed in the occasion thereof, either as a
means to its commission or as an unintended
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effect of an activity that constitutes rebellion. There must be public Being officers and
[Enrile v Salazar (1990)] uprising to overthrow ranking members of
All crimes, whether punishable under special or the government subversive groups
general law, which are mere components or constitute subversion
ingredients, or committed in furtherance NOTE: There is no longer a crime of subversion by
thereof, become absorbed in the crime of virtue of RA 7636, which repealed RA 1700.
rebellion and cannot be isolated and charged as
separate crimes themselves. [Ponce Enrile v
Amin (1990)] Rebellion Sedition
Both motive and overt acts are essential There must be taking It is sufficient that the
components of the crime of rebellion. If the up of arms against the public uprising be
political motive of a supposedly rebellious act government. tumultuous.
cannot be sufficiently proven, the accused
should be convicted of the common crime (e.g. The purpose is always The purpose may be
murder) and not of rebellion. political. political or social.
Rebellion is not covered by Art. 2 on
extraterritorial jurisdiction. [People v. Lovedioro NOTE : When any of the objectives of rebellion is
(1995)] pursued but there is no public uprising in the
legal sense, the crime is direct assault of the
first form.
Rebellion Insurrection
Object is to completely A movement seeking to Article 134-A - Coup d tat
overthrow and supplant effect some change of
the existing minor importance or to Elements:
government prevent the exercise of (1) Offender is a person or persons belonging to
governmental authority the military or police or holding any public
with respect to office or employment;
particular matters or (2) It is committed by means of a swift attack
subjects accompanied by violence, intimidation, threat,
strategy or stealth;
(3) The attack is directed against the duly
constituted authorities of the Republic of the
Rebellion Treason Philippines, or any military camp or
The levying of war The levying of war installation, communication networks, public
against the government against the government utilities or other facilities needed for the
during peace time for would constitute exercise and continued possession of power;
any purpose mentioned treason when (4) The purpose of the attack is to seize or
in Art. 134 performed to aid the diminish state power.
enemy; it would also
constitute adherence to Persons who may commit coup detat:
the enemy, giving him (1) It may be committed singly or collectively
aid and comfort (2) Requires as a principal offender a member of
the AFP, PNP, or a public officer with or
Always involves taking Mere adherence to the without civilian support
up arms against the enemy giving him aid
government. and comfort Coup detat, when considered as Terrorism
NOTE: There is no crime of misprision of A person who commits an act punishable as coup
rebellion. detat under Article 134-A of the Revised Penal
Rebellion Subversion Code, including acts committed by private
persons, thereby sowing and creating a
Crime against public Crime against national condition of widespread and extraordinary fear
order security and panic among the populace, in order to

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coerce the government to give in to an unlawful MODE 1: CONSPIRACY TO COMMIT COUP

demand shall be guilty of the crime of DTAT, REBELLION OR INSURRECTION
terrorism.
Elements:
Article 135 - Penalty for Rebellion, (a) Two or more persons come to an agreement
Insurrection or Coup d tat to swiftly attack or to rise publicly and take
arms against the Government for any of the
Persons liable for rebellion, insurrection or purposes of rebellion or insurrection;
coup d'etat: (b) They decide to commit it.
(1) The leaders:
MODE 2: PROPOSAL TO COMMIT COUP
(a) Any person who promotes, maintains or
DTAT, REBELLION OR INSURRECTION
heads a rebellion or insurrection; or
(b) Any person who leads, directs or Elements:
commands others to undertake a coup d'etat; (a) A person has decided to swiftly attack or to
(2) The participants: rise publicly and take arms against the
(a) Any person who participates or executes Government for any of the purposes of
the commands of others in rebellion or rebellion or insurrection;
insurrection; (b) Such person proposes its execution to some
(b) Any person in the government service who other person or persons.
participates or executes directions or
commands of others in undertaking a coup
detat; Article 137 - Disloyalty of Public
(c) Any person not in the government service Officers or Employees
who participates, supports, finances, abets or
aids in undertaking a coup d'etat. Elements:
If under the command of unknown leaders, any (a) Offender is a public officer or employee;
person who directed the others, spoke for them, (b) Offender commits any of the following acts:
signed receipts and other documents issued in (1) Failing to resist a rebellion by all the means in
their name on behalf of the rebels shall be their power;
deemed a leader. (2) Continuing to discharge the duties of their
It is not a defense in rebellion that the accused offices under the control of the rebels
never took the oath of allegiance to, or that they (3) Accepting appointment to office under them.
never recognized the Government. [US vs. del
Rosario] The crime presupposes rebellion committed by
Mere silence or omission is not punishable in other persons. Offender must not be in
rebellion. [US vs. Ravidas] conspiracy with the rebels. Effect of conspiracy:
Public officer is himself guilty of rebellion.
Article 136 - Conspiracy and Proposal
to Commit Coup d tat, Rebellion or Article 138 - Inciting to Rebellion or
Insurrection Insurrection
Conspiracy Proposal Elements:
When two or more When the person who (a) Offender does not take arms or is not in open
persons come to an has decided to rise hostility against the government;
agreement to rise publicly and take arms (b) He incites others to the execution of any of the
publicly and take arms against the government acts of rebellion;
against government for for any of the purposes (c) The inciting is done by means of speeches,
any of the purposes of of rebellion proposes its proclamations, writings, emblems, banners or
rebellion and decide to execution to some other representations tending to the same
commit it other person or persons end.

NOTE: There is no crime of inciting to treason.

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Proposal to Commit Under R.A. 8294, sedition absorbs the use of

Inciting to Rebellion unlicensed firearm as an element thereof;
Rebellion
hence, it is not an aggravating circumstance,
The offender induces another to commit
and the offender can no longer be prosecuted
rebellion. Rebellion should not be actually
for illegal possession of firearm. [Boado,
committed by the persons to whom it is
Comprehensive Reviewer in Criminal Law]
proposed or who are incited. Otherwise, they
become principals by inducement in the crime of
rebellion. Sedition Rebellion
The person who There is no need that There must be a public uprising.
proposes has decided the offender has It is sufficient that the There must be taking
to commit rebellion. decided to commit public uprising is up of arms against the
rebellion. tumultuous. government.
The person who The act of inciting is The purpose of the The purpose of the
proposes the execution done publicly. offenders may be offenders is always
of the crime uses secret political or social political.
means.
Sedition Coup detat
Article 139 - Sedition
There is no distinction Offender belongs to the
Elements: as to who may commit; military or police or
(a) Offenders rise publicly and tumultuously; a private individual may holding any public
(b) Offenders employ force, intimidation, or other commit the offense office or employment
means outside of legal methods; Primary purpose is to To seize or to diminish
(c) Purpose is to attain any of the following disturb public peace state power
objects:
(1) To prevent the promulgation or execution
of any law or the holding of any popular Sedition Treason
election; It is the raising of It is the violation by a
(2) To prevent the national government or any commotions or subject of his allegiance
provincial or municipal government or any disturbances in the to his sovereign.
public officer from exercising its or his State.
functions, or prevent the execution of an
administrative order; A friction between the Philippine constabulary
(3) To inflict any act of hate or revenge upon and the Manila police escalated and resulted in
the person or property of any public officer the deaths of 6 policemen and 2 civilians and in
or employee; the serious injuries of 3 civilians.
(4) To commit, for any political or social end, The Court held that unlike the crime of rebellion,
any act of hate or revenge against private common crimes committed in the occasion of
persons or any social classes; sedition are to be appreciated as separate
(5) To despoil for any political or social end, crimes. [People v Cabrera (1922)]
any person, municipality or province, or the
national government of all its property or Article 140 - Persons Liable for Sedition
any part thereof. (1) The leader of the sedition;
(2) Other person participating in the sedition.
Tumultuous - If caused by more than three
persons who are armed or provided with the
means of violence. [Art. 163] Article 141 - Conspiracy to Commit
Sedition
The purpose of this crime is not the overthrowing
of the government but the violation of public
peace.

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Elements:
(a) Two or more persons come to an agreement
and a decision to rise publicly and
tumultuously to attain any of the objects of
sedition;
(b) They decide to commit it.
NOTE: There is no proposal to commit sedition.
Article 142 Inciting to Sedition
MODE 1: INCITING OTHERS TO THE
ACCOMPLISHMENT OF ANY OF THE ACTS
WHICH CONSTITUTE SEDITION BY MEANS OF
SPEECHES, PROCLAMATIONS, WRITINGS,
EMBLEMS, ETC.
Elements:
(a) Offender does not take direct part in the crime
of sedition;
(b) He incites others to the accomplishment of
any of the acts which constitute sedition by
means of speeches, proclamations, writings,
emblems, cartoons, banners, or other
representations tending towards the same
end.
MODE 2: UTTERING SEDITIOUS WORDS OR
SPEECHES WHICH TEND TO DISTURB THE
PUBLIC PEACE;
MODE 3: WRITING, PUBLISHING, OR
CIRCULATING SCURRILOUS LIBELS AGAINST
THE GOVERNMENT OR ANY OF THE DULY
CONSTITUTED AUTHORITIES THEREOF,
WHICH TEND TO DISTURB THE PUBLIC
PEACE.
Elements:
(a) Offender does not take part in the crime of
sedition.
(b) He uttered words or speeches and writing,
publishing or circulating scurrilous libels and
that
(1) Tend to disturb or obstruct any lawful
officer in conducting 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; OR
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(4) Lead or tend to stir up the people against
the lawful authorities or to disturb the
peace of the community, the safety and
order of the government
Considering that the objective of sedition is to
express protest against the government and in
the process creating hate against public
officers, any act that will generate hatred
against the government or a public officer
concerned or a social class may amount to
Inciting to Sedition. Article 142 is, therefore,
quite broad.
Constitutional Tests relative to seditious words:
(1) Clear and Present Danger Rule: The words
must be of such nature that by uttering them
there is a danger of a public uprising and that
such danger should be both clear and
imminent. The danger must not only be
probable but very likely inevitable.
(2) Dangerous Tendency Rule: If the words used
tend to create a danger of public uprising, then
those words could properly be the subject of a
penal clause
Chapter II - Crimes against
Popular Representation
Article 143 - Acts Tending to Prevent
the Meeting of the Congress of the
Philippines and Similar Bodies
Elements:
(a) There is a projected or actual meeting of
Congress or any of its committees or
subcommittees, constitutional committees or
divisions thereof, or of any provincial board or
city or municipal council or board;
(b) Offender, who may be any person, prevents
such meetings by force or fraud.
Article 144 - Disturbance of
Proceedings
Elements:
(a) There is a meeting of Congress or any of its
committees or subcommittees, constitutional
commissions or committees or divisions
thereof, or of any provincial board or city or
municipal council or board;
(b) Offender does any of the following acts:
(1) He disturbs any of such meetings;
UP LAW BOC CRIMINAL LAW 2
(2)He behaves while in the presence of any
such bodies in such a manner as to
interrupt its proceedings or to impair the
respect due it.
Complaint may be filed by a member of the
legislative body. One who disturbs may also be
punished for contempt by Congress.
Article 145 - Violation of Parliamentary
Immunity
MODE 1: USING FORCE, INTIMIDATION,
THREATS, OR FRAUDS TO PREVENT ANY
MEMBER OF CONGRESS FROM ATTENDING
THE MEETINGS OF CONGRESS OR OF ANY OF
ITS COMMITTEES OR SUBCOMMITTEES,
CONSTITUTIONAL COMMISSIONS OR
COMMITTEES OR DIVISIONS THEREOF, OR
FROM EXPRESSING HIS OPINION OR
CASTING HIS VOTE;
Elements:
(a) Offender uses force, intimidation, threats or
fraud;
(b) The purpose of the offender is to prevent any
member of Congress from:
(1) Attending the meetings of the Congress or
of any of its committees or constitutional
commissions;
(2) Expressing his opinion; OR
(3) Casting his vote.
Note: Offender in mode 1 is any person
MODE 2: ARRESTING OR SEARCHING ANY
MEMBER THEREOF WHILE CONGRESS IS IN
REGULAR OR SPECIAL SESSION, EXCEPT IN
CASE SUCH MEMBER HAS COMMITTED A
CRIME PUNISHABLE UNDER THE CODE BY A
PENALTY HIGHER THAN PRISION MAYOR.
Elements:
(a) Offender is a public officer of employee;
(b) He arrests or searches any member of
Congress;
(c) Congress, at the time of arrest or search, is in
regular or special session;
(d) The member arrested or searched has not
committed a crime punishable under the Code
by a penalty higher than prision mayor.
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CRIMINAL LAW
Parliamentary immunity does not protect
members of Congress from responsibility in
accordance with the disciplinary rules of
Congress itself.
1987 Constitution: Members of Congress cannot
be arrested for offenses punishable by a penalty
less than prision mayor (6 yrs and 1 day to 12
yrs), while Congress is in session. They can be
prosecuted after Congress adjourns.
Chapter III Illegal Assemblies
and Associations
Article 146 - Illegal Assemblies
MODE 1: ANY MEETING ATTENDED BY
ARMED PERSONS FOR THE PURPOSE OF
COMMITTING ANY OF THE CRIMES
PUNISHABLE UNDER THE CODE;
Elements:
(a) There is a meeting, a gathering or group of
persons, whether in a fixed place or moving;
(b) The meeting is attended by armed persons;
(c) The purpose of the meeting is to commit any
of the crimes punishable under the Code.
MODE 2: ANY MEETING IN WHICH THE
AUDIENCE, WHETHER ARMED OR NOT, IS
INCITED TO THE COMMISSION OF THE CRIME
OF TREASON, REBELLION OR
INSURRECTION, SEDITION, OR ASSAULT
UPON PERSON IN AUTHORITY OR HIS
AGENTS.
Elements:
(a) There is a meeting, a gathering or group of
persons, whether in a fixed place or moving;
(b) The audience, whether armed or not, is incited
to the commission of the crime of treason,
rebellion or insurrection, sedition or direct
assault.
Persons liable for illegal assembly:
(1) The organizer or leaders of the meeting;
(2) Persons merely present at the meeting, who
must have a common intent to commit the
felony of illegal assembly.
In the first form of illegal assembly, the persons
present at the meeting must be armed. But the
law does not require that all the persons
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present must be armed. The unarmed persons
present at the meeting are also liable.
Presumptions if a person carried an unlicensed
firearm:
(1) The purpose of the meeting insofar as he is
concerned is to commit acts punishable under
the RPC
(2) He is considered a leader or organizer of the
meeting.
NOTE: Not all persons present at the meeting of
the first form of illegal assembly must be
armed.
Article 147 - Illegal Associations
(1) Associations totally or partially organized for
the purpose of committing any of the crimes
punishable under the Code;
(2) Associations totally or partially organized for
some purpose contrary to public morals.
Persons liable for illegal associations:
(1) Founders, directors and president of the
association;
(2) Mere members of the association.
Public Morals - matters which affect the interest
of society and public convenience, not limited to
good customs.
Chapter IV - Assault upon and
Resistance and Disobedience to
Persons in Authority and Their
Agents
Article 148 - Direct Assault
MODE 1: WITHOUT PUBLIC UPRISING, BY
EMPLOYING FORCE OR INTIMIDATION FOR
THE ATTAINMENT OF ANY OF THE
PURPOSES ENUMERATED IN DEFINING THE
CRIMES OF REBELLION AND SEDITION;
Elements:
(a) Offender employs force or intimidation;
(b) The aim of the offender is to attain any of the
purposes of the crime of rebellion or any of the
objects of the crime of sedition;
(c) There is no public uprising.
MODE 2: WITHOUT PUBLIC UPRISING, BY
ATTACKING, BY EMPLOYING FORCE OR BY
SERIOUSLY INTIMIDATING OR BY SERIOUSLY
RESISTING ANY PERSON IN AUTHORITY OR
ANY OF HIS AGENTS, WHILE ENGAGED IN
THE PERFORMANCE OF OFFICIAL DUTIES,
OR ON OCCASION OF SUCH PERFORMANCE.

Illegal Assembly Illegal Association Elements:

(a) Offender makes an attack, employs force,
There must be an Actual meeting not
makes a serious intimidation, or makes a
actual meeting or necessary
serious resistance;
assembly
(b) The person assaulted is a person in authority
What is punished are What is punished is the or his agent;
the meeting and the act of forming or (c) At the time of the assault, the person in
attendance therein organizing the authority or his agent is engaged in the actual
association performance of official duties, OR that he is
Persons liable: Persons liable: assaulted by reason of the past performance
(1) Organizers or (1) Founders, directors, of official duties;
leaders of the meeting president (d) Offender knows that the one he is assaulting
(2) Persons present (2) The members is a person in authority or his agent in the
exercise of his duties.
See also: BP 880 - Public Assembly Act of 1985 (e) There is no public uprising.

The first form of direct assault is tantamount to

rebellion or sedition, except that there is no
public uprising.
Classifications of direct assault: simple and
qualified.
Assault is qualified when:
(1) There is a weapon employed in the attack

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(2) The offender is a public officer Article 152 - Persons in Authority and
(3) The offender lays hands on a public Agents of Persons in Authority
authority
Agents of a
Person in authority means any person directly Persons in
Public Officer (Art. Person in
vested with jurisdiction, whether as an Authority (Art.
207) Authority (Art.
individual or as a member of some court or 152)
152)
governmental corporation, board, or
commission, shall be deemed a person in Any person who Any person Any person who,
authority. takes part in the directly vested by direct
Directly vested with jurisdiction means the performance of with jurisdiction, provision of law
power or authority to govern and execute the public functions whether as an or by election or
laws. in the individual or as a by appointment
Teachers, professors and persons in charged with government. member of some by competent
the supervision of public or duly recognized court or authority, is
private schools, colleges and universities shall governmental charged with the
be deemed persons in authority, in applying the corporation, maintenance of
provisions of Articles 148 and 151. For other board or public order and
purposes, such as to increase the penalty by commission. the protection
reason of the aggravating circumstances where and security of
a person in authority is involved, the teachers life and property.
and professors are not persons in authority.
When the assault results in the killing of that Teachers, lawyers and heads of schools
agent or of a person in authority, the offense recognized by government are persons in
committed is complex crime of direct assault authority only for purposes of Art. 152 in relation
with murder or homicide. The only time when it to Arts. 148 and 151, and in connection with their
is not complexed is when material consequence duties.
is a light felony, that is, slight physical injury. A person in authority includes a barangay
Direct assault absorbs the lighter felony. chairman and members of the Lupong
The force employed need not be serious when the Tagapagkasundo as provided under the Local
offended party is a person in authority; Government Code. [Boado]
Intimidation or resistance must be serious The status as a person in authority being a matter
whether the offended party is a person in of law, ignorance thereof is no excuse.
authority OR an agent of a person in authority
If the public officer is not a person in authority, the Article 149 - Indirect Assault
assault on him is an aggravating circumstance
in Art. 14, no. 3 (rank). (Boado, Comprehensive Elements:
Reviewer in Criminal Law). (a) A person in authority or his agent is the victim
There must be however an intent to disregard the of any of the forms of direct assault defined in
victims rank. Article 148;
Gabutero was acting in the performance of his (b) A person comes to the aid of such authority or
duties [as he was trying to pacify Dollantes who his agent;
was causing trouble] as barangay captain when (c) Offender makes use of force or intimidation
he was stabbed to death. Thus, the crime upon such person coming to the aid of the
committed was murder with assault upon a authority or his agent.
person in authority. [People v. Dollantes (1987)] Indirect assault can only be committed when a
direct assault is also committed.
Article 152 clothes any person who comes to the
aid of a person in authority with the fiction of an
agent of a person in authority. Any assault on
him on the occasion of his aiding a person in
authority or his agent is indirect assault.

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Article 150 - Disobedience to Summons
Issued by Congress, Its Committees or
Subcommittees, by the Constitutional
Commissions, Its Committees,
Subcommittees or Divisions
MODE 1: BY REFUSING, WITHOUT LEGAL
EXCUSE, TO OBEY SUMMONS OF CONGRESS,
ITS SPECIAL OR STANDING COMMITTEES
AND SUBCOMMITTEES, THE
CONSTITUTIONAL COMMISSIONS AND ITS
COMMITTEES, SUBCOMMITTEES OR
DIVISIONS, OR BY ANY COMMISSION OR
COMMITTEE CHAIRMAN OR MEMBER
AUTHORIZED TO SUMMON WITNESSES;
MODE 2: BY REFUSING TO BE SWORN OR
PLACED UNDER AFFIRMATION WHILE BEING
BEFORE SUCH LEGISLATIVE OR
CONSTITUTIONAL BODY OR OFFICIAL;
MODE 3: BY REFUSING TO ANSWER ANY
LEGAL INQUIRY OR TO PRODUCE ANY
BOOKS, PAPERS, DOCUMENTS, OR
RECORDS IN HIS POSSESSION, WHEN
REQUIRED BY THEM TO DO SO IN THE
EXERCISE OF THEIR FUNCTIONS;
MODE 4: BY RESTRAINING ANOTHER FROM
ATTENDING AS A WITNESS IN SUCH
LEGISLATIVE OR CONSTITUTIONAL BODY;
MODE 5: BY INDUCING DISOBEDIENCE TO A
SUMMONS OR REFUSAL TO BE SWORN BY
ANY SUCH BODY OR OFFICIAL.
The testimony of a person summoned must be
upon matters into which the legislature has
jurisdiction to inquire.
Article 151 - Resistance and
Disobedience to a Person in Authority
or the Agents of Such Persons
MODE 1: RESISTANCE AND
DISOBEDIENCE
Elements:
(a) A person in authority or his agent is engaged
in the performance of official duty or gives a
lawful order to the offender;
CRIMINAL LAW 2 CRIMINAL LAW
(b) Offender resists or seriously disobeys such
person in authority or his agent;
(c) The act of the offender is not included in the
provision of Articles 148, 149 and 150.
MODE 2: SIMPLE DISOBEDIENCE
Elements:
(a) An agent of a person in authority is engaged in
the performance of official duty or gives a
lawful order to the offender;
(b) Offender disobeys such agent of a person in
authority;
(c) Such disobedience is not of a serious nature.
Resistance and Serious Disobedience
The accused must have knowledge that the
person giving the order is a peace officer. [US vs.
Bautista]
The disobedience contemplated consists in the
failure or refusal to obey a direct order from the
authority or his agent.
Simple Disobedience
In simple disobedience, the offended party must
be only an agent of a person in authority. The
order must be lawful. The disobedience should
not be of a serious nature.
Serious Disobedience Direct Assault
Person in authority or Person in authority or
his agent must be in his agent must be
actual performance of engaged in the
his duties performance of official
duties or he is
assaulted by reason of
the past performance
of official duties
Committed only by Committed in four ways
resisting or seriously (see Art. 148, Mode 2
disobeying a person in above)
authority or his agent
Use of force in There is force employed
resistance is not so
SERIOUS serious
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Chapter V - Public Disorders
Article 153 - Tumults and Other
Disturbances of Public Order
MODE 1: CAUSING ANY SERIOUS
DISTURBANCE IN A PUBLIC PLACE, OFFICE
OR ESTABLISHMENT;
MODE 2: INTERRUPTING OR DISTURBING
PERFORMANCES, FUNCTIONS OR
GATHERINGS, OR PEACEFUL MEETINGS, IF
THE ACT IS NOT INCLUDED IN ARTS. 131 AND
132;
MODE 3: MAKING ANY OUTCRY TENDING TO
INCITE REBELLION OR SEDITION IN ANY
MEETING, ASSOCIATION OR PUBLIC PLACE;
MODE 4: DISPLAYING PLACARDS OR
EMBLEMS WHICH PROVOKE A DOCUMENT OR RESOLUTION WITHOUT
DISTURBANCE OF PUBLIC ORDER IN SUCH
PLACE;
MODE 5: BURYING WITH POMP THE BODY OF
A PERSON WHO HAS BEEN LEGALLY
EXECUTED.
Serious disturbance must be planned or
intended. This article applies if the disturbance
is not caused by a public officer; or, if it is
committed by a public officer, he is a participant
therein.
Outcry - to shout subversive or provocative
words tending to stir up the people to obtain by
means of force or violence any of the objects of
rebellion or sedition.
If done unconsciously or without intent to incite
the listeners to rise to sedition or rebellion, this
article applies.
If done with intent to commit rebellion or
sedition: The crime is inciting to rebellion or
sedition.
Tumultuous - If caused by more than 3 persons
who are armed or provided with the means of
violence
Burying with pomp the body of a person:
ostentatious display of a burial
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Article 154 - Unlawful Use of Means of
Publication and Unlawful Utterances
MODE 1: PUBLISHING OR CAUSING TO BE
PUBLISHED, BY MEANS OF PRINTING,
LITHOGRAPHY OR ANY OTHER MEANS OF
PUBLICATION, AS NEWS ANY FALSE NEWS
WHICH MAY ENDANGER THE PUBLIC ORDER,
OR CAUSE DAMAGE TO THE INTEREST OR
CREDIT OF THE STATE.
MODE 2: ENCOURAGING DISOBEDIENCE TO
THE LAW OR TO THE CONSTITUTED
AUTHORITIES OR PRAISING, JUSTIFYING OR
EXTOLLING ANY ACT PUNISHED BY LAW, BY
THE SAME MEANS OR BY WORDS,
UTTERANCES OR SPEECHES;
MODE 3: MALICIOUSLY PUBLISHING OR
CAUSING TO BE PUBLISHED ANY OFFICIAL
PROPER AUTHORITY, OR BEFORE THEY
HAVE BEEN PUBLISHED OFFICIALLY
MODE 4: PRINTING, PUBLISHING OR
DISTRIBUTING (OR CAUSING THE SAME)
BOOKS, PAMPHLETS, PERIODICALS, OR
LEAFLETS WHICH DO NOT BEAR THE REAL
PRINTERS NAME, OR WHICH ARE
CLASSIFIED AS ANONYMOUS.
To be liable, the offender must know that the
news is false.
Actual public disorder or actual damage to the
credit of the State is not necessary. The mere
possibility of causing such danger or damage is
sufficient.
Article 155 - Alarms and Scandals
MODE 1: DISCHARGING ANY FIREARM,
ROCKET, FIRECRACKER, OR OTHER
EXPLOSIVE WITHIN ANY TOWN OR PUBLIC
PLACE, CALCULATED TO CAUSE (WHICH
PRODUCES) ALARM OR DANGER;
MODE 2: INSTIGATING OR TAKING AN
ACTIVE PART IN ANY CHARIVARI OR OTHER
DISORDERLY MEETING OFFENSIVE TO
ANOTHER OR PREJUDICIAL TO PUBLIC
TRANQUILITY;
UP LAW BOC CRIMINAL LAW 2
MODE 3: DISTURBING THE PUBLIC PEACE
WHILE WANDERING ABOUT AT NIGHT OR
WHILE ENGAGED IN ANY OTHER
NOCTURNAL AMUSEMENTS;
MODE 4: CAUSING ANY DISTURBANCES OR
SCANDAL IN PUBLIC PLACES WHILE
INTOXICATED OR OTHERWISE, PROVIDED
ART. 153 IS NOT APPLICABLE.
The crime alarms and scandal is only one
crime.
Scandal here does not refer to moral scandal;
that one is grave scandal in Article 200.
The essence of the crime is disturbance of public
tranquility and public peace. Disturbance of
serious nature falls under Article 153, not under
paragraph 4 of this article.
Any kind of disturbance of public order where the
circumstance at the time renders the act
offensive to the tranquility prevailing, the crime
is committed.
Charivari - includes a medley of discordant voices,
a mock serenade of discordant noises made on
kettles, tin, horns, etc. designed to annoy or
insult
NOTE: Calculated to cause should be which
produces alarm and danger according to the
correct translation of the RPC. Hence, the
result, and not the intent, that counts. (Reyes)
Article 156 - Delivering Prisoners from
Jail
Elements:
(a) There is a person confined in a jail or penal
establishment;
(b) Offender removes therefrom such person, or
helps the escape of such person.
If the prisoner who escapes is only a detention
prisoner, he does not incur liability from
escaping if he does not know of the plan to
remove him from jail. But if such prisoner knows
of the plot to remove him from jail and
cooperates therein by escaping, he himself
becomes liable for delivering prisoners from jail
as a principal by indispensable cooperation.
If the prisoner removed or whose escape is made
possible by the commission of the crime of
delivering prisoner from jail is a detention
prisoner, such prisoner is not criminally liable. A
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CRIMINAL LAW
prisoner is criminally liable for leaving the penal
institution only when there is evasion of the
service of his sentence which can be committed
only by a convict by final judgment.
Offender is usually an outsider. The violation of
Article 156 is committed by a public officer
when he is not the custodian of the prisoner at
the time the prisoner was made to escape. If the
offender is a public officer who had the prisoner
in his custody or charge, he is liable for infidelity
in the custody of a prisoner under Article 223.
If three persons are involved a stranger, the
custodian and the prisoner three crimes are
committed:
(1) Infidelity in the custody of prisoners [public
officer-custodian];
(2) Delivery of the prisoner from jail [stranger];
and
(3) Evasion of service of sentence [prisoner].
Cledera, as the governor, is the jailer of the
Province. Esmeralda is the Assistant Provincial
Warden. As public officials who have the
custody or charge of the prisoner, they cannot
be prosecuted under Art. 156.
Art 223 would have applied; however, there is
no sufficient evidence to warrant their
prosecution for infidelity in the custody of
prisoner. It is necessary that the public officer
had consented to, or connived in, the escape of
the prisoner under his custody or charge.
[Alberto v. Dela Cruz (1980)]
Chapter VI - Evasion of Service of
Sentence
Article 157 - Evasion of Service of
Sentence
Elements:
(a) Offender is a convict by final judgment;
(b) He is serving sentence which consists in the
deprivation of liberty;
(c) He evades service of his sentence by escaping
during the term of his imprisonment.
Qualifying circumstances as to penalty
imposed if such evasion or escape takes place:
(1) By means of unlawful entry (this should be
by scaling - Reyes);
(2) By breaking doors, windows, gates, walls,
roofs or floors;
UP LAW BOC CRIMINAL LAW 2
(3) By using picklock, false keys, disguise, deceit,
violence or intimidation; or
(4) Through connivance with other convicts or
employees of the penal institution.
Evasion of service of sentence has three forms:
(1) By simply leaving or escaping from the penal
establishment under Article 157;
(2) Failure to return within 48 hours after having
left the penal establishment because of a
calamity, conflagration or mutiny and such
calamity, conflagration or mutiny has been
announced as already passed under Article 158;
(3) Violating the condition of conditional pardon
under Article 159.
In leaving or escaping from jail or prison, that the
prisoner immediately returned is immaterial. It
may be mitigating, but it will not absolve his
criminal liability.
Not applicable to sentence executed by
deportation because the convict was not
sentenced to imprisonment and thereafter
broke jail.
Not applicable to sentence of destierro since
Article 157 refers only to persons who are
imprisoned in a penal institution and
completely deprived of their liberty.
Article 158 - Evasion of Service of
Sentence on the Occasion of Disorders,
Conflagrations, Earthquakes, or Other
Calamities
Elements:
(a) Offender is a convict by final judgment, who is
confined in a penal institution;
(b) There is disorder, resulting from
(1) conflagration;
(2) earthquake;
(3) explosion;
(4) similar catastrophe; or
(5) mutiny in which he has not participated;
(c) He evades the service of his sentence by
leaving the penal institution where he is
confined, on the occasion of such disorder or
during the mutiny;
(d) He fails to give himself up to the authorities
within 48 hours following the issuance of a
proclamation by the Chief Executive
announcing the passing away of such
calamity.
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CRIMINAL LAW
Leaving the penal establishment is not the basis
of criminal liability. What is punished is the
failure to return within 48 hours after the
passing of the calamity, conflagration or mutiny
had been announced.
Under Article 158, those who return within 48
hours are given credit or deduction from the
remaining period of their sentence equivalent to
1/5 of the original term of the sentence.
If the prisoner fails to return within said 48 hours,
there will be an additional penalty of 1/5 of the
time still remaining to be served under the
original sentence. In no case shall that penalty
exceed six months.
Mutiny is one of the causes which may authorize
a convict serving sentence in the penitentiary to
leave the jail provided he has not taken part in
the mutiny.
Article 159 - Other Cases of Evasion of
Service of Sentence
Elements:
(a) Offender was a convict;
(b) He was granted a conditional pardon by the
Chief Executive;
(c) He violated any of the conditions of such
pardon.
Violation of conditional pardon is a distinct crime.
In violation of conditional pardon, as a rule, the
violation will amount to this crime only if the
condition is violated during the remaining
period of the sentence.
Offender must be found guilty of subsequent
offense before he can be prosecuted under
Article 159. [Torres vs. Gonzales]
If the condition of the pardon is violated when the
remaining unserved portion of the sentence has
already lapsed, there will be no more criminal
liability for the violation. However, the convict
maybe required to serve the unserved portion of
the sentence, that is, continue serving original
penalty.
Violation of Conditional Evasion of Service of
Pardon Sentence
Does not cause harm or An attempt at least to
injury to the right of evade the penalty
UP LAW BOC CRIMINAL LAW 2
another person nor inflicted by the courts
does it disturb the upon criminals and
public order; merely an thus defeat the purpose
infringement of the of the law of either
stipulated terms in reforming or punishing
conditional pardon them for having
disturbed the public
order.
Chapter VII - Commission of
Another Crime during Service of
Penalty Imposed for Another
Previous Offense
Article 160 - Quasi Recidivism
Elements:
(a) Offender was already convicted by final
judgment of one offense;
(b) He committed a new felony before beginning
to serve such sentence or while serving the same.
Quasi-recidivism is a special aggravating
circumstance where a person, after having been
convicted by final judgment, shall commit a
new felony before beginning to serve such
sentence, or while serving the same. He shall be
punished by the maximum period of the penalty
prescribed by law for the new felony.
The first crime for which the offender is serving
sentence need not be a felony. [People vs.
Peralta]
SPECIAL LAWS
PD 1866 as amended by RA 8294:
Illegal Possession of Firearms
Section 1. Unlawful manufacture, sale, acquisition,
disposition or possession of firearms or
ammunition or instruments used or intended to be
used in the manufacture of firearms or
ammunition. The penalty of prision correccional
in its maximum period and a fine of not less than
Fifteen thousand pesos (P15,000) shall be
imposed upon any person who shall unlawfully
manufacture, deal in, acquire, dispose, or possess
any low powered firearm, such as rimfire
handgun, .380 or .32 and other firearm of similar
firepower, part of firearm, ammunition, or
machinery, tool or instrument used or intended to
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CRIMINAL LAW
be used in the manufacture of any firearm or
ammunition: Provided, That no other crime was
committed.
The penalty of prision mayor in its minimum
period and a fine of Thirty thousand pesos
(P30,000) shall be imposed if the firearm is
classified as high powered firearm which includes
those with bores bigger in diameter than .38
caliber and 9 millimeter such as caliber .40, .41,
.44, .45 and also lesser calibered firearms but
considered powerful such as caliber .357 and
caliber .22 center-fire magnum and other
firearms with firing capability of full automatic
and by burst of two or three: Provided, however,
That no other crime was committed by the person
arrested.
If homicide or murder is committed with the use
of an unlicensed firearm, such use of an
unlicensed firearm shall be considered as an
aggravating circumstance.
If the violation of this section is in furtherance of
or incident to, or in connection with the crime of
rebellion or insurrection, sedition, or attempted
coup detat, such violation shall be absorbed as
an element of the crime of rebellion, or
insurrection, sedition, or attempted coup detat.
The same penalty shall be imposed upon the
owner, president, manager, director or other
responsible officer of any public or private firm,
company, corporation or entity, who shall willfully
or knowingly allow any of the firearms owned by
such firm, company, corporation or entity to be
used by any person or persons found guilty of
violating the provisions of the preceding
paragraphs or willfully or knowingly allow any of
them to use unlicensed firearms or firearms
without any legal authority to be carried outside
of their residence in the course of their
employment.
The penalty of arresto mayor shall be imposed
upon any person who shall carry any licensed
firearm outside his residence without legal
authority therefor.
Sec. 2. Presumption of Illegal Manufacture of
Firearms or Ammunition. The possession of any
machinery, tool or instrument used directly in the
UP LAW BOC CRIMINAL LAW 2
manufacture of firearms or ammunition, by any
person whose business or employment does not
lawfully deal with the manufacture of firearms or
ammunition, shall be prima facie evidence that
such article is intended to be used in the
unlawful/illegal manufacture of firearms or
ammunition.
Sec. 3. Unlawful manufacture, sale, acquisition,
disposition or possession of explosives. The
penalty of prision mayor in its maximum period to
reclusion temporal and a fine of not less than
Fifty thousand pesos (P50,000) shall be imposed
upon any person who shall unlawfully
manufacture, assemble, deal in, acquire, dispose
or possess hand grenade(s), rifle grenade(s), and
other explosives, including but not limited to
'pillbox,' 'molotov cocktail bombs,' 'fire bombs,' or
other incendiary devices capable of producing
destructive effect on contiguous objects or
causing injury or death to any person.
When a person commits any of the crimes
defined in the Revised Penal Code or special laws
with the use of the aforementioned explosives,
detonation agents or incendiary devices, which
results in the death of any person or persons, the
use of such explosives, detonation agents or
incendiary devices shall be considered as an
aggravating circumstance.
If the violation of this Sec. is in furtherance of, or
incident to, or in connection with the crime of
rebellion, insurrection, sedition or attempted
coup d'etat, such violation shall be absorbed as
an element of the crimes of rebellion,
insurrection, sedition or attempted coup d'etat.
The same penalty shall be imposed upon the
owner, president, manager, director or other
responsible officer of any public or private firm,
company, corporation or entity, who shall willfully
or knowingly allow any of the explosives owned
by such firm, company, corporation or entity, to
be used by any person or persons found guilty of
violating the provisions of the preceding
paragraphs
Sec. 3-A. Unlawful Manufacture, Sales,
Acquisition, Disposition, Importation or Possession
of a Part, Ingredient, Machinery, Tool or
Instrument Used or Intended to be Used for the
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CRIMINAL LAW
Manufacture, Construction, Assembly, Delivery or
Detonation. The penalty of reclusion perpetua
shall be imposed upon any person who shall
willfully and unlawfully manufacture, assemble,
deal in, acquire, dispose, import or possess any
part, ingredient, machinery, tool or instrument of
any explosive or incendiary device, whether
chemical, mechanical, electronic, electrical or
otherwise, used or intended to be used by that
person for its manufacture, construction,
assembly, delivery or detonation, where the
explosive or incendiary device is capable or is
intended to be made capable of producing
destructive effect on contiguous objects or
causing injury or death to any person.
Provided, That the mere possession of any part,
ingredient, machinery, tool or instrument directly
used in the manufacture, construction, assembly,
delivery or detonation of any explosive or
incendiary device, by any person whose business
activity, or employment does not lawfully deal
with the possession of such article shall be prima
facie evidence that such article is intended to be
used by that person in the unlawful/illegal
manufacture, construction, assembly, delivery or
detonation of an explosive or incendiary device.
Provided, however, That a temporary incidental,
casual, harmless or transient possession or
control of any part, machinery, tool or instrument
directly used in the manufacture, construction,
assembly, delivery or detonation of any explosive
or incendiary device, without the knowledge of its
existence or character as part, ingredient,
machinery, tool or instrument directly used in the
manufacture, construction, assembly, delivery or
detonation of any explosive or incendiary device,
shall not be a violation of this Section.
Provided, further, That the temporary, incidental,
casual, harmless, or transient possession or
control of any part, ingredient, machinery, tool or
instrument directly used in the manufacture,
construction, assembly, delivery or detonation of
any explosive or incendiary device for the sole
purpose of surrendering it to the proper
authorities shall not be a violation of this Section.
Provided, finally, That in addition to the instances
provided in the two (2) immediately preceding
paragraphs, the court may determine the
UP LAW BOC CRIMINAL LAW 2
absence of the intent to possess, otherwise
referred to as animus possidendi, in accordance
with the facts and circumstances of each case
and the application of other pertinent laws,
among other things, Articles 11 and 12 of the
Revised Penal Code, as amended.
Sec. 3-B. Penalty for the Owner, President,
Manager, Director or Other Responsible Officer of
Any Public or Private Firm, Company, Corporation
or Entity. The penalty of reclusion perpetua
shall be imposed upon the owner, president,
manager, director or other responsible officer of
any public or private firm, company, corporation
or entity, who shall willfully or knowingly allow
any explosive or incendiary device or parts thereof
owned or controlled by such firm, company,
corporation or entity to be used by any person or
persons found guilty of violating the provisions of
the preceding paragraphs.
Sec. 3-C. Relationship of Other Crimes with a
Violation of this Decree and the Penalty
Therefor. When a violation of Section 3, 3-A or
3-B of this Decree is a necessary means for
committing any of the crimes defined in the
Revised Penal Code or special laws, or is in
furtherance of, incident to, in connection with, by
reason of, or on occasion of any of the crimes
defined in the Revised Penal Code or special
laws, the penalty of reclusion perpetua and a fine
ranging from One hundred Thousand pesos
(P100,000.00) to One million pesos
(P1,000,000.00) shall be imposed.
Sec. 3-D. Former Conviction or Acquittal; Double
Jeopardy. Subject to the provisions of the Rules
of Court on double jeopardy, if the application
thereof is more favorable to the accused, the
conviction or acquittal of the accused or the
dismissal of the case for violation of this Decree
shall be a bar to another prosecution of the same
accused for any offense where the violation of this
Decree was a necessary means for committing
the offense or in furtherance of which, incident to
which, in connection with which, by reason of
which, or on occasion of which, the violation of
this Decree was committed, and vice versa.
Sec. 4. Responsibility and liability of Law
Enforcement Agencies and Other Government
Officials and Employees in Testifying as
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CRIMINAL LAW
Prosecution Witnesses. Any member of law
enforcement agencies or any other government
official and employee who, after due notice, fails
or refuses, intentionally or negligently, to appear
as a witness for the prosecution of the defense in
any proceeding, involving violations of this
Decree, without any valid reason, shall be
punished with reclusion temporal and a fine of
Five hundred Thousand pesos (P500,000.00) in
addition to the administrative liability he/she may
be meted out by his/her immediate superior
and/or appropriate body.
The immediate superior of the member of the law
enforcement agency or any other government
employee mentioned in the preceding paragraph
shall be penalized with prision correccional and a
fine of not less than Ten Thousand pesos
(P10,000.00) but not more than Fifty thousand
pesos (P50,000.00) and in addition, perpetual
absolute disqualification from public office if
despite due notice to them and to the witness
concerned, the former does not exert reasonable
effort to present the latter to the court.
The member of the law enforcement agency or
any other government employee mentioned in
the preceding paragraphs shall not be
transferred or reassigned to any other
government office located in another territorial
jurisdiction during the pendency of the case in
court. However, the concerned member of the
law enforcement agency or government
employee may be transferred or reassigned for
compelling reasons: Provided, That his/her
immediate superior shall notify the court where
the case is pending of the order to transfer or
reassign, within twenty-four (24) hours from its
approval: Provided, further, That his/her
immediate superior shall be penalized with
prision correccional and a fine of not less than
Ten thousand pesos (P10,000.00) but not more
than Fifty thousand pesos (P50,000.00) and in
addition, perpetual absolute disqualification from
public office, should he/she fail to notify the court
of such order to transfer or reassign.
Prosecution and punishment under this Section
shall be without prejudice to any liability for
violation of any existing law.
UP LAW BOC CRIMINAL LAW 2
Sec. 4-A. Criminal Liability for Planting of
Evidence. Any person who is found guilty of
planting any explosive or incendiary device or
any part, ingredient, machinery, tool or
instrument of any explosive or incendiary device,
whether chemical, mechanical, electronic,
electrical or otherwise, shall suffer the penalty of
reclusion perpetua.
Planting of evidence shall mean the willful act by
any person of maliciously and surreptitiously
inserting, placing, adding or attaching, directly or
indirectly, through any overt or covert act,
whatever quantity of any explosive or incendiary
device or any part, ingredient, machinery, tool or
instrument of any explosive or incendiary device,
whether chemical, mechanical, electronic,
electrical or otherwise in the person, house,
effects or in the immediate vicinity of an innocent
individual for the purpose of implicating,
incriminating or imputing the commission of any
violation of this Decree.
Sec. 5. Tampering of Firearms Serial Number.
The penalty of prision correccional shall be
imposed upon any person who shall unlawfully
tamper, change, deface or erase the serial
number of any firearm.
Sec. 6. Repacking or Altering the Composition of
Lawfully Manufactured Explosives. The penalty
of prision correccional shall be imposed upon any
person who shall unlawfully repack, alter or
modify the composition of any lawfully
manufactured explosives.
Sec. 7. Unauthorized Issuance of Authority to
Carry Firearm and/or Ammunition Outside of
Residence. The penalty of prision correccional
shall be imposed upon any person, civilian or
military, who shall issue authority to carry firearm
and/or ammunition outside of residence, without
authority therefor.
RA 9372: Human Security Act (See Special Laws
in Title I)
Title IV. Crimes against
Public Interest
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CRIMINAL LAW
ACTS OF COUNTERFEITING
(1) Article 162 - Using Forged Signature or
Counterfeit Seal or Stamp
(2) Article 161 - Counterfeiting the Great Seal of
the Government of the Philippine Islands, Forging
the Signature or Stamp of the Chief Executive
(3) Article 164 - Mutilation of Coins
(4) Article 163 - Making and Importing and
Uttering False Coins
(5) Article 165 - Selling of False or Mutilated Coin,
Without Connivance
(6) Article 167 - Counterfeiting, Importing, and
Uttering Instruments Not Payable to Bearer
(7) Article 166 - Forging Treasury or Bank Notes
or Other Documents Payable to Bearer;
Importing and Uttering Such False or Forged
Notes and Documents
ACTS OF FORGERY
(1) Article 168 - Illegal Possession and Use of
False Treasury or Bank Notes and Other
Instruments of Credit
(2) Article 169 - How Forgery is Committed
ACTS OF FALSIFICATION
(1) Article 170 - Falsification of Legislative
Documents
(2) Article 171 - Falsification by Public Officer,
Employee or Notary or Ecclesiastical Minister
(3) Article 172 - Falsification by Private Individual
and Use of Falsified Documents
(4) Article 173 - Falsification of Wireless, Cable,
Telegraph and Telephone Messages, and Use of
Said Falsified Messages
(5)Article 175 - Using False Certificates
(6) Article 174 - False Medical Certificates, False
Certificates of Merits or Service, etc.
(7) Article 176 - Manufacturing and Possession of
Instruments or Implements for Falsification
OTHER FALSITIES
(1) Article 177 - Usurpation of Authority or Official
Functions
(2) Article 179 - Illegal Use of Uniforms and
Insignia
(3) Article 178 - Using Fictitious and Concealing
True Name
(4) Article 180 - False Testimony Against a
Defendant
(5) Article 181 - False Testimony Favorable to the
Defendant
(6) Article 182 - False Testimony in Civil Cases
UP LAW BOC CRIMINAL LAW 2
(7) Article 184 - Offering False Testimony in
Evidence
(8) Article 183 - False Testimony in Other Cases
and Perjury in Solemn Affirmation
(9) Article 185 - Machinations in Public Auctions
(10) Article 186 Monopolies and Combinations
in Restraint of Trade
(11) Article 187 Importation and Disposition of
Falsely Marked Articles or Merchandise Made of
Gold, Silver, or other Precious Metals or their
Alloys
The crimes in this title are in the nature of fraud
or falsity to the public. Deceit perpetrated upon
the public is the act being punished.
ACTS OF COUNTERFEITING
Article 161 - Counterfeiting the Great
Seal of the Government of the
Philippine Islands, Forging the
Signature or Stamp of the Chief
Executive
Acts punished:
Forging the:
(1) Great Seal of the Government of the
Philippines;
(2) Signature of the President;
(3) Stamp of the President.
When the signature of the president is forged, the
crime committed is covered by this provision
and not falsification of public document.
Intent to use is necessary. Actual use, however, is
not required, as long as the forger intended to
use it.
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CRIMINAL LAW
Article 162 - Using Forged Signature or
Counterfeit Seal or Stamp
Elements:
(a) The great Seal of the Republic was
counterfeited OR the Signature or stamp of the
Chief Executive was forged by another person;
(b) Offender Knew of the counterfeiting or
forgery;
(c) He used the counterfeit seal or forged
signature or stamp.
Offender under this article should not be the
forger. Otherwise, he will be penalized under
Article 161. The participation of the offender is in
effect that of an accessory.
Although the general rule is that he should be
punished by a penalty of two degrees lower,
under Article 162 he is punished by a penalty
only one degree lower.
Article 163 - Making and Importing and
Uttering False Coins
Elements:
(a) There be False or counterfeited coins;
(b) Offender either made, imported or uttered
such coins;
(c) In case of uttering such false or counterfeited
coins, he Connived with the counterfeiters or
importers.
To utter is to pass counterfeited coins. It includes
delivery or the act of giving them away. A
counterfeited coin is uttered when it is paid,
when the offender is caught counting the
counterfeited coins preparatory to the act of
delivering them, even though the utterer may
not obtain the gain he intended [Decisions of the
Supreme Court of Spain]
To import fake coins means to bring them into
port. The importation is complete before entry
at the Customs House [US vs. Lyman]
Kinds of coins the counterfeiting of which is
punished
(1) Silver coins of the Philippines or coins of the
Central Bank of the Philippines;
(2) Coins of the minor coinage of the Philippines
or of the Central Bank of the Philippines;
(3) Coin of the currency of a foreign country.
The counterfeiting of foreign currency is
punishable, regardless of whether or not it is
still in official circulation. The reason behind this
UP LAW BOC CRIMINAL LAW 2
is not only the harm that it may cause to the
public in case it goes into circulation again, but
also the possibility that the counterfeiter may
later apply his trade to the making of coins in
actual circulation. [People vs. Kong Leon]
Article 164 - Mutilation of Coins
Acts punished
(1) Mutilating coins of the legal currency, with the
further requirement that there be intent to
damage or to 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.
The first acts of falsification or falsity include:
(1) Counterfeiting
(2) Forgery
(3) Falsification
In so far as coins in circulation are concerned,
there are two crimes that may be committed:
(1) Counterfeiting coins
(2) Mutilation of coins
Requisites of Mutilation under the RPC:
(1) Coin mutilated is of legal tender;
(2) Offender gains from the precious metal dust
abstracted from the coin;
(3) It has to be a coin.
Mutilation means to take off part of the metal
either by filling it or substituting it for another
metal of inferior quality.
Since the coins before were made of silver and/or
other precious metal, shaving the metal from
the coins became a practice. Hence, the coins
intrinsic value is diminished.
This is the only article that requires that the
mutilated coin be legal tender.
Foreign coins are covered in this article.
Deliberate intent arises only when the offender
collects the precious metal dust from the
mutilated coin.
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CRIMINAL LAW
Article 165 - Selling of False or
Mutilated Coin, Without Connivance
MODE 1: POSSESSION OF COIN,
COUNTERFEITED OR MUTILATED BY
ANOTHER PERSON, WITH INTENT TO UTTER
THE SAME, KNOWING THAT IT IS FALSE OR
MUTILATED;
Elements:
(a) Possession;
(b) With Intent to utter; and
(c) Knowledge.
MODE 2: ACTUALLY UTTERING SUCH FALSE
OR MUTILATED COIN, KNOWING THE SAME
TO BE FALSE OR MUTILATED.
Elements:
(a) Actually uttering; and
(b) Knowledge.
Possession prohibited in this article is not only
actual and physical possession, but also that of
a constructive one, or the subjection of the thing
to ones control. The possessor should not be
the counterfeiter, mutilator or importer of the
coins.
As long as the offender has knowledge that the
coin is false or mutilated, there is no need for
him to connive with the counterfeiter or
mutilator.
Article 166 - Forging Treasury or Bank
Notes or Other Documents Payable to
Bearer; Importing and Uttering Such
False or Forged Notes and Documents
Acts punished
(1) Forging or falsification of treasury or bank
notes or other documents payable to bearer;
(2) Importation of such false or forged obligations
or notes;
(3) Uttering of such false or forged obligations or
notes in connivance with the forgers or importers.
Forging: By giving any treasury or bank note, or
any instrument payable to bearer, or to order
the appearance of a true and genuine
document.
UP LAW BOC CRIMINAL LAW 2
Falsification: By erasing, substituting,
counterfeiting or altering by any means, the
figures, letters, words, or signs contained
therein.
The instrument is payable to bearer:
(1) When expressed to be so payable
(2) When payable to a person named therein or
bearer
(3) When payable to the order of a fictitious or
non-existing person, and such fact was known to
the person making it so payable
(4) When the name of the payee does not purport
to be the name of any person
(5) When the only or last endorsement is an
endorsement in blank.
Reason for this is that the forging tends to bring
such documents into discredit and the offense
produces a lack of confidence on the part of the
holders of said documents to the prejudice of
society and of the State.
Article 167 - Counterfeiting, Importing,
and Uttering Instruments Not Payable
to Bearer
Elements:
(a) There is an instrument payable to order or
other document of credit not payable to bearer;
(b) Offender either forged, imported or uttered
such instrument;
(c) In case of uttering, he connived with the forger
or importer.
An instrument is payable to order where it is
drawn payable to the order of a specified person
or to him or his order.
This covers instruments or other documents of
credit issued by a foreign government or bank.
Forgery of currency is punished so as to maintain
integrity of the currency and thus insure the
credit standing of the government.
Connivance is not required in uttering if the
utterer is the forger.
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ACTS OF FORGERY
Article 168 - Illegal Possession and Use
of False Treasury or Bank Notes and
Other Instruments of Credit
Elements:
(a) Any treasury or bank note or certificate or
other obligation and security:
(1) Payable to bearer, or any instrument
payable to order or other document of credit
not payable to bearer is
(2) Forged or falsified by another person;
(b) Offender knows that any of those instruments
is forged or falsified;
(c) He either
(1) Uses any of such forged or falsified
instruments; or
(2) Possesses with intent to use any of such
forged or falsified instruments
The rule is that if a person had in his possession a
falsified document and he made use of it, taking
advantage of it and profiting thereby, the
presumption is that he is the material author of
the falsification.
Possession of false treasury or bank notes alone
is not a criminal offense.
Intent to use is sufficient to consummate the
crime when the offender is in possession of false
or falsified notes or obligations. [People vs.
Sendaydiego, (1978)]
The accused must have knowledge of the forged
character of the note.
Article 169 - How Forgery is Committed
(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 sign contained therein.
Forgery includes falsification and counterfeiting.
For possession of false treasury or bank note to
constitute a criminal offense, it must be with
intent to use.
The essence of forgery is giving a document the
appearance of a true and genuine document.
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

Not any alteration of a letter, number, figure or

design would amount to forgery. At most, it Forgery Falsification
would only be frustrated forgery.
Forgery can be committed through the use of As used in Article 169, The commission of any
genuine paper bills that have been withdrawn forgery refers to the of the 8 acts mentioned
from circulation, by giving them the appearance falsification and in Article 171 on
of some other true and genuine document. counterfeiting of legislative (only the act
[People vs. Galano] treasury or bank notes if making alteration)
or any instruments public or official,
ACTS OF FALSIFICATION payable to bearer or to commercial or private
order documents or wireless
or telegraph messages.
Article 170 - Falsification of Legislative
Documents Article 171 - Falsification by Public
Elements:
Officer, Employee or Notary or
(a) There is a Bill, resolution or ordinance enacted Ecclesiastical Minister
or approved or pending approval by either
House of the Legislature or any provincial Elements:
board or municipal council; (a) Offender is a Public officer, employee, or
(b) Offender Alters the same; notary public;
(c) He has No proper authority therefor; (b) He Takes advantage of his official position;
(d) The alteration has Changed the meaning of (c) He falsifies a document by committing any of
the documents. the following acts:
(1) Counterfeiting or imitating any
The writing must be: handwriting, signature or rubric;
(1) complete in itself; and (2) Causing it to appear that persons have
(2) capable of extinguishing an obligation or participated in any act or proceeding when
creating rights; or they did not in fact so participate;
(3) capable of becoming evidence of the facts (3) Attributing to persons who have
stated therein. participated in an act or proceeding
statements other than those in fact made
Five classes of falsification: by them;
(1) Falsification of legislative documents; (4) Making untruthful statements in a
(2) Falsification of a document by a public officer, narration of facts;
employee or notary public; (5) Altering true dates;
(3) Falsification of a public or official, or (6) Making any alteration or intercalation in a
commercial documents by a private individual; genuine document which changes its
(4) Falsification of a private document by any meaning;
person; (7) Issuing in an authenticated form:
(5) Falsification of wireless, telegraph and (i) A document purporting to be a copy of
telephone messages. an original document
(ii) When no such original exists, or
(iii) Including in such a copy a statement
contrary to, or different from, that of the
genuine original;
(8) Intercalating any instrument or note
relative to the issuance thereof in a
protocol, registry, or official book.

1st Element: Persons Liable under this Article

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Under this article, only a public officer,
employee or notary public, or ecclesiastical
minister can be the offender.
The ecclesiastical minister is liable with respect to
any record or document that its falsification
may affect the civil status of persons.
2nd Element: Offender Take Advantage of his
Official Position
Offender takes advantage of his official position
in falsifying a document when:
(1) He has the duty to make or prepare, or
intervene in the preparation of the document; or
(2) He has the official custody of the document
he falsifies.
3rd Element: Offender Falsifies a Document
A document is any written statement by which a
right or status is established or an obligation is
extinguished.
PAR 1: Counterfeiting or imitating any
handwriting, signature or rubric.
2 ways of committing falsification under this
paragraph:
(1) Counterfeiting, which is imitating any
handwriting, signature or rubric
(a) There should be an intent to imitate, or an
attempt to imitate
(b) Two signatures, the genuine and the
forged, should bear some resemblance.
(2) Feigning, which is simulating a signature,
handwriting or rubric out of one which does not
actually exist.
PAR 2: Causing it to appear that persons have
participated in any act or proceeding when
they did not in fact so participate.
Two Requisites:
(1) Offender caused it to appear in a document
that a person/s participated in an act or
proceeding.
(2) Such person/s did not in fact participate.
PAR 3: Attributing to persons who have
participated in an act or proceeding
statements other than those in fact made by
them
Three Requisites:
(1) Person/s participated in an act or proceeding
(2) Such person/s made statements in that act or
proceeding
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CRIMINAL LAW
(3) Offender, in making a document, attributed to
such person/s statements other than those they
in fact made.
PAR 4: Making untruthful statements in a
narration of facts
Four Requisites:
(1) Offender makes in a document statements in a
narration of facts
(2) He has a legal obligation to disclose truth of
facts
(3) Facts narrated are absolutely false
(4) Perversion of truth in the narration was made
with the wrongful intent of injuring a third
person.
There must be narration of facts, not conclusion
of law. There should be a legal obligation to
disclose the truth. [Beradio vs. CA]
The person making the narration of facts must be
aware of the falsity of facts narrated by him. The
narration of facts must be absolutely false. If
there is some colorable truth in such
statements, crime of falsification is not deemed
to have been committed.
The existence of a wrongful intent to injure a third
person is immaterial in falsification of a public
document. [Siquian vs. People]
There can be falsification by omission. An
assistant bookkeeper is guilty of falsification by
intentionally not putting a record in his personal
account of chits and destroyed them so he
could avoid paying the same. [People vs. Dizon]
PAR 5: Altering true dates
(1) The date must be essential
(2) The alteration of the date must affect the
veracity of the documents or the effects thereof
(such as dates of birth, marriage, or death).
PAR 6: Making any alteration or intercalation
in a genuine document which changes its
meaning
Four Requisites:
(1) There be an alteration (change) or
intercalation (insertion) on a document.
(2) It was made on a genuine document.
(3) Alteration or intercalation has changed the
meaning of the document.
(4) Change made the document speak something
false.
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

Change or insertion must affect the integrity or
effects of the document. Furthermore, the
alteration should make the document speak
something false. Otherwise, it would merely be
a correction.
PAR 7: Issuing in an authenticated form a
document purporting to be a copy of an
original document when no such original
exists, or including in such a copy a statement
contrary to, or different from, that of the
genuine original
Falsification in this paragraph cannot be
committed by a private individual, or by a notary
public, or by a public officer, who does not take
advantage of his official position.
This is because authentication of a document can
only be made by the custodian or the one who
prepared and retained a copy of the original.
(1) Purporting to be a copy of the original when
no such original exists.
(2) Including in a copy a statement contrary to,
or different from, that of the genuine original.
A private person who cooperates with a public
officer in the falsification of a public document
is guilty of the crime and incurs the same
liability and penalty.
There are four kinds of documents:
(1) Public document in the execution of which, a
person in authority or notary public has taken
part;
(a) A document created, executed or issued by
a public official
(b) in response to the exigencies of the public
service, or
(c) in execution of w/c public official
intervened.
(2) Official document in the execution of which a
public official takes part;
(a) A document issued by a public official in
the exercise of the functions of his office. It
falls within the larger class called public
documents.
(b) A document required by a bureau to be
filled by its officers for purposes of record
and information is a public document.
(3) Commercial document or any document
recognized by the Code of Commerce or any
commercial law; and
(4) A deed or instrument executed by a private
person without the intervention of a notary
public or other persons legally authorized. -
Private document in the execution of which
only private individuals take part.

PAR 1 PAR 2 PAR 3 PAR 4 The element of damage is not necessary because it
is the interest of the community which is
May be a May be a May be a May be a intended to be guaranteed.
genuine genuine genuine genuine The character of the offender and his faithfulness
(later (later (later (later to his duty is mainly taken into consideration.
falsified) or falsified) or falsified) or falsified) or
an entirely an entirely an entirely an entirely Public and Private writings under the Rules of
fabricated fabricated fabricated fabricated Court:
document document document document The following are public documents:
(1) Written official acts, or records, of the official
PAR 5 PAR 6 PAR 7 PAR 8 acts of the sovereign authority, official
bodies and tribunals, and public officers
May be a There must There must There must (2) Documents acknowledged before a notary
genuine be a be a be a public except last will and testaments
(later genuine genuine genuine (3) Public records kept in the Philippines, of
falsified) or document document document private documents required by law to be
an entirely entered therein.
fabricated All other writings are private.
document
After an investigation, a group of public officers
were caught and convicted of falsifying cash
vouchers.
On appeal the SC held that cash vouchers are
NOT commercial documents because they are

PAGE 154
UP LAW BOC CRIMINAL LAW 2
not documents used by merchants or
businessmen to promote or facilitate credit
transactions nor are they defined and regulated
by the Code of Commerce or other commercial
law.
Rather, they are private documents which have
been defined as:
(a) Deeds or instruments executed by a private
person
(b) Without the intervention of a public notary or
of other person legally authorized,
(c) By which some disposition or agreement is
proved, evidenced or set forth. [People v.
Batulanon (2007)]
Article 172 - Falsification by Private
Individual and Use of Falsified
Documents
MODE 1: FALSIFICATION OF PUBLIC,
OFFICIAL OR COMMERCIAL DOCUMENT BY A
PRIVATE INDIVIDUAL;
Elements:
(a) Offender is a Private individual OR Public
officer or employee who did not take
advantage of his official position;
(b) He committed any act of Falsification (Art.
171);
(c) The falsification was committed in a public,
official, or commercial document or letter of
exchange.
MODE 2: FALSIFICATION OF PRIVATE
DOCUMENT BY ANY PERSON;
Elements:
(a) Offender committed any of the acts of
Falsification except Article 171(7), that is,
(1) Issuing in an authenticated form a
document purporting to be a copy of an
original document when no such original
exists, or
(2) Including in such a copy a statement
contrary to, or different from, that of the
genuine original;
(b) Falsification was committed in any Private
document;
(c) Falsification causes Damage to a third party or
at least the falsification was committed with
intent to cause such damage.
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CRIMINAL LAW
MODE 3: USE OF FALSIFIED DOCUMENT.
Elements in introducing in a judicial
proceeding
(a) Offender knew that the document was
falsified by another person;
(b) The false document is in Articles 171 or 172 (1
or 2);
(c) He introduced said document in evidence in
any judicial proceeding.
Elements in use in any other transaction
(a) Offender knew that a document was falsified
by another person;
(b) The False document is embraced in Articles
171 or 172 (1 or 2);
(c) He used such document;
(d) The use caused Damage to another or at least
used with intent to cause damage.
In the falsification of public or official documents,
it is not necessary that there be present the idea
of gain or the intent to cause damage. This is
because the principal thing punished is the
violation of public faith and destruction of the
truth as therein solemnly proclaimed.
The existence of a wrongful intent to injure a third
person is not necessary when the falsified
document is a public document. [Siquian vs
People]
NOTE: This statement applies as well to
commercial documents, because as to this kind
of document, a credit is sought to be protected.
[Reyes]
Since damage is not an element of falsification of
a public document, it could be complexed with
estafa, theft or malversation as a necessary
means to commit the latter crimes.
There is no crime of falsification of private
document through negligence or imprudence.
If the document is intended by law to be part of
the public or official record, the falsification,
although it was private at the time of
falsification, it is regarded as falsification of a
public or official document.
Falsification through imprudence implies lack of
such intent, thus there is no crime of
falsification of a private document through
negligence or imprudence.
The possessor of a falsified document is
presumed to be the author of the falsification.
[People vs. Manansala]
UP LAW BOC CRIMINAL LAW 2
The presumption also holds if the use was so
closely connected in time with the falsification
and the user had the capacity of falsifying the
document. [People vs. Sendaydiego]
There is no crime of estafa through falsification of
a private document. Both crimes, separately,
require the element of damage, which each of
the two should have its own.
The fraudulent gain obtained through deceit
should not be the very same damage caused by
the falsification of the private document.
Article 173 - Falsification of Wireless,
Cable, Telegraph and Telephone
Messages, and Use of Said Falsified
Messages
MODE 1: UTTERING FICTITIOUS WIRELESS,
TELEGRAPH OR TELEPHONE MESSAGE;
Elements:
(a) Offender is an officer or employee of the
government or an officer or employee of a
private corporation, engaged in the service of
sending or receiving wireless, cable or
telephone message;
(b) He utters fictitious wireless, cable, telegraph
or telephone message.
MODE 2: FALSIFYING WIRELESS,
TELEGRAPH OR TELEPHONE MESSAGE;
Elements:
(a) Offender is an officer or employee of the
government or an officer or employee of a
private corporation, engaged in the service of
sending or receiving wireless, cable or
telephone message;
(b) He falsifies wireless, cable, telegraph or
telephone message.
MODE 3: USING SUCH FALSIFIED MESSAGE.
Elements:
(a) Offender knew that wireless, cable, telegraph,
or telephone message
(1) Was falsified by an officer or employee of
the government or an officer or employee
of a private corporation,
(2) Engaged in the service of sending or
receiving wireless, cable or telephone
message;
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CRIMINAL LAW
(b) He used such falsified dispatch;
(c) The use resulted in the prejudice of a third
party or at least there was intent to cause such
prejudice.
The public officer, to be liable, must be engaged
in the service of sending or receiving wireless,
cable, telegraph or telephone message.
A private individual cannot be a principal by
direct participation in falsification of telegraphic
dispatches under Article 173, unless he is an
employee of a corporation engaged in the
business of sending or receiving wireless,
telegraph or telephone messages. But a private
individual can be held criminally liable as
principal by inducement.
Article 174 - False Medical Certificates,
False Certificates of Merits or Service,
etc.
Persons liable
(1) Physician or surgeon who, in connection with
the practice of his profession, issues a false
certificate (it must refer to the illness or injury of a
person);
Note: The crime here is false medical certificate
by a physician.
(2) Public officer who issues a false certificate of
merit of service, good conduct or similar
circumstances;
Note: The crime here is false certificate of merit or
service by a public officer.
(3) Private person who falsifies a certificate falling
within the classes mentioned in the two
preceding subdivisions.
Note: The crime here is false medical certificate
by a private individual or false certificate of
merit or service by a private individual.
Article 175 - Using False Certificates
Elements:
(a) The following Issues a false certificate:
(1) Physician or surgeon, in connection with the
practice of his profession, issues a false
Medical certificate;
(2) Public officer issues a false certificate of
Merit of service, good conduct or similar
circumstances;
UP LAW BOC CRIMINAL LAW 2
(3) Private Person falsifies a certificate falling
within the 2 preceding subdivisions.
(b) Offender Knows that the certificate was false;
(c) He Uses the same.
When any of the false certificates mentioned in
Article 174 is used in a judicial proceeding,
Article 172 does not apply, because the use of
false document in judicial proceeding under
Article 172 is limited to those false documents
embraced in Articles 171 and 172.
Article 176 - Manufacturing and
Possession of Instruments or
Implements for Falsification
Acts punished:
(1) Making or introducing into the Philippines any
stamps, dies, marks, or other instruments or
implements for counterfeiting or falsification;
(2) Possession with intent to use the instruments
or implements for counterfeiting or falsification
made in or introduced into the Philippines by
another person.
As in Article 165, the possession contemplated
here is constructive possession. The implements
confiscated need not form a complete set.
OTHER FALSITIES
Article 177 - Usurpation of Authority or
Official Functions
MODE 1: USURPATION OF AUTHORITY. (NO
CONNECTION WITH THE OFFICE
REPRESENTED)
The mere act of knowingly and falsely
representing oneself to be an officer is
sufficient. It is not necessary that he perform an
act pertaining to a public officer.
Elements:
(a) Offender knowingly and falsely Represents
himself;
(b) As an Officer, agent or representative of any
department or agency of the Philippine
government or of any foreign government.
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CRIMINAL LAW
MODE 2: USURPATION OF OFFICIAL
FUNCTIONS. (EXCESS OF AUTHORITY)
In usurpation of official functions, it is essential
that the offender should have performed an act
pertaining to a person in authority or public
officer, in addition to other requirements.
Elements:
(a) Offender Performs any act;
(b) Pertaining to any person in authority or public
officer of the Philippine government or any
foreign government, or any agency thereof;
(c) Under Pretense of official position;
(d) Without being lawfully entitled to do so.
The offender should have:
(1) represented himself to be an officer, agent or
representative of any agency of the
government; or
(2) performed an act pertaining to a person in
authority or public officer.
Article 177 may be violated by a public officer.
Article 178 - Using Fictitious and
Concealing True Name
MODE 1: USING FICTITIOUS NAME
Elements:
(a) Offender uses a name other than his real
name;
(b) He uses the fictitious name publicly;
(c) Purpose of use is to conceal a crime, to evade
the execution of a judgment or to cause damage
[to public interest Reyes].
MODE 2: CONCEALING TRUE NAME
Elements:
(a) Offender conceals his true name and other
personal circumstances;
(b) Purpose is only to conceal his identity.
UP LAW BOC CRIMINAL LAW 2
Use of Fictitious Name Concealing True Name
Element of Publicity Publicity not necessary
Purpose is to conceal a Merely to conceal
crime, evade execution identity.
of judgment, cause
damage)
If the purpose is for causing damage, it must be
damage to public interest.
If it is damage to private interest, the crime will
be estafa under Art 315 2(a).
Article 179 - Illegal Use of Uniforms and
Insignia
Elements:
(a) Offender makes Use of insignia, uniforms or
dress;
(b) The insignia, uniforms or dress pertains to an
Office not held by such person or a class of
persons of which he is not a member;
(c) Said insignia, uniform or dress is Used publicly
and improperly.
Exact imitation of a uniform or dress is
unnecessary; a colorable resemblance
calculated to deceive the common run of people
is sufficient.
RA 75 also punishes the use of uniform,
decoration or regalia of a foreign state by
people not entitled to do so.
RA 493 punishes wearing an insignia, badge, or
emblem of rank of the members of the AFP or
constabulary.
Article 180 - False Testimony Against a
Defendant
Elements:
(a) There is a Criminal proceeding;
(b) Offender Testifies falsely under oath against
the defendant therein;
(c) Offender who gives false testimony Knows
that it is false.
(d) Defendant against whom the false testimony
is given is either acquitted or convicted in a Final
judgment.
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CRIMINAL LAW
The witness who gave the false testimony is liable
even if his testimony was not considered by the
court.
False Testimony - Committed by a person who,
being under oath and required to testify as to the
truth of a certain matter at a hearing before a
competent authority, shall deny the truth or say
something contrary to it.
False testimony is punished because of its
tendency to prejudice defendant.
Three forms of false testimony:
(1) False testimony in criminal cases under Article
180 and 181;
(2) False testimony in civil case under Article 182;
(3) False testimony in other cases under Article
183.
Articles 180 184 punish the acts of making false
testimonies because such acts seriously expose
society to miscarriage of justice.
Article 181 - False Testimony Favorable
to the Defendant
Elements:
(a) A person Gives false testimony;
(b) In Favor of the defendant;
(c) In a Criminal case.
The testimony need not in fact be beneficial to
the defendant. It is not necessary that the
testimony should directly influence the decision
of acquittal, it being sufficient that it was given
with the intent to favor the accused.
Conviction or acquittal of defendant in the
principal case is not necessary.
Rectification made spontaneously after realizing
the mistake is not false testimony.
Penalty for false testimony against the accused is
based on the sentence imposed or if accused is
acquitted; that for testimony favorable to the
accused is based on the imposable penalty. The
rationale for the difference is the measure of the
wrong occasioned by the injustice in each case,
i.e. the undeserved sentence and the imposable
penalty avoided, respectively.
UP LAW BOC
Article 182 - False Testimony in Civil
Cases
Elements:
(a) Testimony Given in a civil case;
(b) Testimony Relates to the issues presented in
said case;
(c) Testimony is False;
(d) Offender Knows that testimony is false;
(e) Testimony is Malicious
(f) And given with an intent to affect the issues
presented in said case.
Falsity of testimony must first be established.
Art. 182 does not apply in special proceedings.
These are covered by Art. 183 under other
cases.
Pending the determination of the falsity of the
subject testimonies in the civil case, the criminal
action for false testimony must perforce be
suspended.
Article 183 - False Testimony in Other
Cases and Perjury in Solemn
Affirmation
Acts Punished
(1) By falsely Testifying under oath;
(2) By Making a false affidavit.
The false testimony should not be in a judicial
proceeding. [Diaz vs. People]
Elements of perjury:
(a) Offender Makes a statement under oath or
executes an affidavit upon a material matter;
(b) The statement or affidavit is made Before a
competent officer, authorized to receive and
administer oaths;
(c) Offender makes a Willful and deliberate
assertion of a falsehood in the statement or
affidavit;
(d) The sworn statement or affidavit
containing the falsity is Required by law, that
is, it is made for a legal purpose.
The statement should be outside the coverage of
art 180-181.
Oath: Any form of attestation by which a person
signifies that he is bound by conscience to
perform an act faithfully and truthfully.
CRIMINAL LAW 2 CRIMINAL LAW
Affidavit: Sworn statement in writing;
declaration in writing, made upon oath before an
authorized magistrate or officer.
There could be no perjury through negligence or
imprudence. This is because of the requirement
that the assertion of a falsehood be made
willfully and deliberately. Hence, good faith or
lack of malice is a defense in perjury.
It is not necessary that there be a law requiring
the statement to be made under oath, as long
as it is made for a legal purpose.
Perjury is a crime other than false testimony in
criminal cases or false testimony in civil cases,
which are perversions of truth in judicial
proceedings.
Perjury is an offense which covers false oaths
other than those taken in the course of judicial
proceedings. [US vs. Estrada]
Subornation of perjury is committed by a person
who knowingly and willfully procures another to
swear falsely and the witness suborned does
testify under circumstances rendering him
guilty of perjury. [US vs. Ballena]
Subornation of perjury is not expressly penalized
in the RPC; but the direct induction of a person
by another to commit perjury may be punished
under Article 183 in relation to Article 17.
Material Relevant Pertinent
Directed to Tends in any Concerns
prove a fact in reasonable collateral
issue degree to matters which
establish make more or
probability or less probable
improbability the
of a fact in proposition at
issue issue
Article 184 - Offering False Testimony
in Evidence
Elements:
(a) Offender Offers in evidence a false witness or
testimony;
(b) He Knows that the witness or the testimony
was false;
(c) The offer is made in any Judicial OR Official
proceeding.
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UP LAW BOC CRIMINAL LAW 2
Offer of evidence begins at the moment a witness
is called to the stand and interrogated by
counsel. The witness must testify.
Article 185 - Machinations in Public
Auctions
MODE 1: SOLICITING ANY GIFT OR PROMISE
AS A CONSIDERATION FOR REFRAINING
FROM TAKING PART IN ANY PUBLIC
AUCTION;
Elements:
(a) There is a Public auction;
(b) Offender Solicits any gift or a promise from
any of the bidders;
(c) Such gift or promise is the Consideration for
his refraining from taking part in that public
auction;
(d) Offender has the Intent to cause the reduction
of the price of the thing auctioned.
MODE 2: ATTEMPTING TO CAUSE BIDDERS
TO STAY AWAY FROM AN AUCTION BY
THREATS, GIFTS, PROMISES OR ANY OTHER
ARTIFICE.
Elements:
(a) There is a Public auction;
(b) Offender Attempts to cause the bidders to
stay away from that public auction;
(c) It is Done by threats, gifts, promises or any
other artifice;
(d) Offender had the Intent to cause the reduction
of the price of the thing auctioned.
The crime is consummated by:
(1) Mere solicitation of gift or promise as
consideration for not bidding, or
(2) By mere attempt to cause prospective
bidders to stay away from an auction.
Article 186 Monopolies and
Combinations in Restraint of Trade
MODE 1: COMBINATION TO PREVENT FREE
COMPETITION IN THE MARKET
Elements:
(a) Entering into any contract or agreement; OR
taking part in any conspiracy or combination
in the form of a trust or otherwise;
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(b) In restraint of trade or commerce or to prevent
by artificial means free competition in the
market
MODE 2: MONOPOLY TO RESTRAIN FREE
COMPETITION IN THE MARKET
Elements:
(a) Monopolizing any merchandise or object of
trade or commerce; OR
(b) Combining with any other person or persons
to monopolize said merchandise or object in
order to alter the prices thereof by spreading
false rumors or making use of any other
artifice to restrain free competition in the
market
MODE 3: MANUFACTURER, PRODUCER, OR
PROCESSOR OR IMPORTER COMBINING,
CONSPIRING OR AGREEING WITH ANY
PERSON TO MAKE TRANSACTIONS
PREJUDICIAL TO LAWFUL COMMERCE OR TO
INCREASE THE MARKET PRICE OF
MERCHANDISE
Elements:
(a) Person liable: (1) manufacturer, (2) producer,
(3) processor, or (4) importer of any
merchandise or object of commerce
(b) Crime committed by: (1) combining, (2)
conspiring, or (3) agreeing with any person
(c) Purpose: (1) to make transactions prejudicial to
lawful commerce, or (2) to increase the market
price of any merchandise or object of
commerce manufactured, produced,
processed, assembled, or imported into the
Philippines
Theory of the law: Competition, not combination,
should be the law of trade
Mere conspiracy or combination is punished.
If the offense affects any food substance or other
article of prime necessity, it is sufficient that
initial steps are taken.
When offense is committed by a corporation or
association, the president and directors or
managers are liable.
UP LAW BOC CRIMINAL LAW 2
Article 187 Importation and
Disposition of Falsely Marked Articles
or Merchandise Made of Gold, Silver, or
other Precious Metals or their Alloys
Elements:
(a) Offender imports, sells or disposes of any of
those articles or merchandise (i.e. gold, silver,
other precious metals or their alloys)
(b) The stamps, brands, or marks of those articles
of merchandise fail to indicate the actual
fineness or quality of said metals or alloys
(c) Offender knows that the stamps, brands, or
marks fail to indicate the actual fineness or
quality of the metals or alloys
Selling the misbranded articles is not necessary.
Article 187 does not apply to manufacturer of
misbranded articles he would be liable for
estafa under Art. 315(2)(b).
SPECIAL LAWS
RA 9194: Anti-Money Laundering Act
Covered transaction is a transaction in cash or
other equivalent monetary instrument involving a
total amount in excess of Five hundred thousand
pesos (P500,000.00) within one (1) banking day.
Suspicious transaction are transactions with
covered institutions, regardless of the amounts
involved, where any of the following
circumstances exist:
(1) there is no underlying legal or trade
obligation, purpose or economic justification;
(2) the client is not properly identified;
(3) the amount involved is not commensurate
with the business or financial capacity of the
client;
(4) taking into account all known
circumstances, it may be perceived that the
clients transaction is structured in order to
avoid being the subject of reporting
requirements under the Act;
(5) any circumstance relating to the
transaction which is observed to deviate from
the profile of the client and/or the clients past
transactions with the covered institution;
(6) the transaction is in any way related to an
unlawful activity or offense under this Act that
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is about to be, is being or has been
committed; or
(7) any transaction that is similar or analogous
to any of the foregoing."
SEC. 4. Money Laundering Offense. Money
laundering is a crime whereby the proceeds of an
unlawful activity as herein defined are transacted,
thereby making them appear to have originated
from legitimate sources. It is committed by the
following:
(a) Any person knowing that any monetary
instrument or property represents, involves, or
relates to, the proceeds of any unlawful
activity, transacts or attempts to transact said
monetary instrument or property.
(b) Any person knowing that any monetary
instrument or property involves the proceeds
of any unlawful activity, performs or fails to
perform any act as a result of which he
facilitates the offense of money laundering
referred to in paragraph (a) above.
(c) Any person knowing that any monetary
instrument or property is required under this
Act to be disclosed and filed with the Anti-
Money Laundering Council (AMLC), fails to do
so."
Title V. Crimes Relative to
Opium and Other
Prohibited Drugs
(1) Definition of Important Terms
(2) Acts Punished
(3) Penalties for Unlawful Acts
(4) Immunity from Prosecution and Punishment
(5) Custody and Disposition of Seized Substances
(6) Other Important Points
Arts. 190-194 were repealed by RA 6425, known
as the Dangerous Drug Act of 1972. RA No.
9165, known as the Comprehensive Dangerous
Drug Act of 2002 in turn repealed RA No.
6425.
DEFINITION OF IMPORTANT TERMS
Dangerous drugs: include those listed in:
(1) The Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by
the 1972 Protocol, and
UP LAW BOC CRIMINAL LAW 2
(2) The Schedules annexed to the 1971 Single
Convention on Psychotropic Substances as
enumerated in the attached annex which is an
integral part of this Act. [Section 3(j), RA 9165]
Chemical Diversion: The sale, distribution, supply
or transport of legitimately imported, in-transit,
manufactured or procured controlled precursors
and essential chemicals, in diluted, mixtures, or in
concentrated form, to any person or entity
engaged in the manufactured of any dangerous
drugs, and shall include packaging, labelling, or
concealment of such transaction.
Controlled Precursors and Essential Chemicals:
Include those listed in Tables I and II of the 188
UN Convention Against Illicit Traffic in Narcotics
Drugs and Psychotropic Substances.
ACTS PUNISHED
(1) Importation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemical
[Sec. 4]
(2) Sale, Trading, Administration, Dispensation,
Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals [Sec. 5]
(3) Maintenance of a Den, Dive or Resort. [Sec. 6]
(4) Employees and Visitors of a Den, Dive or
Resort [Sec. 7]
(5) Manufacture of Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals [Sec. 8]
(6) Illegal Chemical Diversion of Controlled
Precursors and Essential Chemicals. [Sec. 9]
(7) Manufacture or Delivery of Equipment,
Instrument, Apparatus, and Other
Paraphernalia for Dangerous Drugs and/or
Controlled Precursors and Essential
Chemicals. [Sec. 10]
(8) Possession of Dangerous Drugs [Sec. 11]
(9) Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
Dangerous Drugs [Sec. 12]
(10) Possession of Dangerous Drugs During
Parties, Social Gatherings or Meetings [Sec. 13]
(11) Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
Dangerous Drugs During (12) Parties, Social
Gatherings or Meetings [Sec. 14]
(13) Use of Dangerous Drugs [Sec. 15]
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(14) Cultivation or Culture of Plants Classified as
Dangerous Drugs or are Sources Thereof. [Sec.
16]
(15) Maintenance and Keeping of Original
Records of Transactions on Dangerous Drugs
and/or Controlled Precursors and Essential
Chemicals [Sec. 17]
(16) Unnecessary Prescription of Dangerous
Drugs [Sec. 18]
(17) Unlawful Prescription of Dangerous Drugs
[Sec. 19]
PENALTIES FOR UNLAWFUL ACTS
(1) The penalty of life imprisonment to death and
a fine ranging from P500,000 to
P10,000,000 - Those acts which include or
involve any dangerous drugs (Sections 4, 5, 6,
8, 11, 16 and 19)
(2) The penalty of 12 years and 1 day to 20 years of
imprisonment and a fine ranging from
P100,000.00 to P500,000
(a) Those acts which involve any controlled
precursor and essential chemical
(Sections 4, 5, 6, 8, 9 and 10)
(b) Anyone who acts as a "protector/
coddler" of any violator of the provisions
under sections 4, 5, 6, 8 and 16
(c) Sections 7, 10, 16, 17.
(3) The maximum penalty provided for under
sections 4, 5, 6, 8 and 16 shall be imposed
upon any person, who organizes, manages or
acts as a "financier" of any of the illegal
activities prescribed in those sections.
(4) Any person charged under any provision of
this Act regardless of the imposable penalty
shall not be allowed to avail of the provision
on plea-bargaining. [Section 23, Article II, RA
9165]
Any person convicted for drug trafficking or
pushing under this Act, regardless of the
penalty imposed by the Court, cannot avail of
the privilege granted by the Probation Law or
Presidential Decree No. 968, as amended.
[Section 24, Article II, RA 9165]
Notwithstanding the provisions of any law to the
contrary, a positive finding for the use of
dangerous drugs shall be a qualifying
aggravating circumstance in the commission of
a crime by an offender, and the application of
the penalty provided for in the Revised Penal
Code shall be applicable. [Section 25, Article II,
RA 9165]
UP LAW BOC CRIMINAL LAW 2
Any attempt or conspiracy to commit the
following unlawful acts shall be penalized by
the same penalty prescribed for the commission
of the same as provided under this Act [Section
26, Article II, RA 9165]:
(a) Importation of any dangerous drug and/or
controlled precursor and essential chemical;
(b) Sale, trading, administration, dispensation,
delivery, distribution and transportation of
any dangerous drug and/or controlled
precursor and essential chemical;
(c) Maintenance of a den, dive or resort where
any dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or
controlled precursor and essential chemical;
(e) Cultivation or culture of plants which are
sources of dangerous drugs.
The maximum penalties of the unlawful acts
provided for in this Act shall be imposed, in
addition to absolute perpetual disqualification
from any public office, if those found guilty of
such unlawful acts are government officials and
employees. [Section 28, Article II, RA 9165]
Any person who is found guilty of "planting" any
dangerous drug and/or controlled precursor
and essential chemical, regardless of quantity
and purity, shall suffer the penalty of death.
[Section 29, Article II, RA 9165]
In case any violation of this Act is committed by a
partnership, corporation, association or any
juridical entity, the partner, president, director,
manager, trustee, estate administrator, or
officer who consents to or knowingly tolerates
such violation shall be held criminally liable as a
co-principal. [Section 30, Article II, RA 9165]
In addition to the penalties prescribed in the
unlawful act committed, any alien who violates
such provisions of this Act shall, after service of
sentence, be deported immediately without
further proceedings, unless the penalty is death.
[Section 31, Article II, RA 9165]
Accessory Penalties: A person convicted under
this Act shall be disqualified to exercise his/her
civil rights such as but not limited to:
(1) the rights of parental authority or
guardianship, either as to the person or
property of any ward;
(2) the rights to dispose of such property by any
act or any conveyance inter vivos,
(3) and political rights such as but not limited to
the right to vote and be voted for.
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Such rights shall also be suspended during the
pendency of an appeal from such conviction.
[Section 35, Article II, RA 9165]
Possession of marijuana is absorbed in the sale
thereof, except where the seller is further
apprehended in possession of another quantity
of the prohibited drugs not covered by or
included in the sale and which are probably
intended for some future dealings or use by the
seller. [People v Lacerna]
IMMUNITY FROM PROSECUTION AND
PUNISHMENT
(1) Any person who has violated Sections 7, 11, 12,
14, 15, and 19, Article II of this Act,
(2) Who voluntarily gives information about any
violation of Sections 4, 5, 6, 8, 10, 13, and 16,
Article II of this Act as well as any violation of
the offenses mentioned if committed by a
drug syndicate, or any information leading to
the whereabouts, identities and arrest of all or
any of the members thereof;
(3) Who willingly testifies against such persons as
described above, shall be exempted from
prosecution or punishment for the offense
with reference to which his/her information of
testimony were given, and may plead or prove
the giving of such information and testimony
in bar of such prosecution: Provided the
following conditions concur:
(a) The information and testimony are
necessary for the conviction of the persons
described above;
(b) Such information and testimony are not yet
in the possession of the State;
(c) Such information and testimony can be
corroborated on its material points;
(d) The informant or witness has not been
previously convicted of a crime involving
moral turpitude, except when there is no
other direct evidence available for the
State other than the information and
testimony of said informant or witness;
(e) The informant or witness shall strictly and
faithfully comply without delay, any
condition or undertaking, reduced into
writing, lawfully imposed by the State as
further consideration for the grant of
immunity from prosecution and
punishment.
Provided, further, That this immunity may be
enjoyed by such informant or witness who does
UP LAW BOC CRIMINAL LAW 2
not appear to be most guilty for the offense with
reference to which the information or testimony
were given: Provided, finally, That there is no
direct evidence available for the State except for
the information and testimony of said informant
or witness. (Section 33, Article II, RA 9165)
Termination of Grant of Immunity [Section 34,
Article II, RA 9165]:
The immunity granted to the informant or
witness, as prescribed in Section 33 of this Act,
shall not attach should it turn out subsequently
that the information and/or testimony is false,
malicious or made only for the purpose of
harassing, molesting or in any way prejudicing
the persons described in the preceding Section
against whom such information or testimony is
directed. In such case, the informant or witness
shall be subject to prosecution and the
enjoyment of all rights and benefits previously
accorded him under this Act or any other law,
decree or order shall be deemed terminated.
In case an informant or witness under this Act
fails or refuses to testify without just cause, and
when lawfully obliged to do so, or violate any
condition accompanying such immunity as
provided above, his/her immunity shall be
removed and he/she shall likewise be subject to
contempt and/or criminal prosecution, as the
case may be, and the enjoyment of all rights
and benefits previously accorded him under this
Act or in any other law, decree or order shall be
deemed terminated.
CUSTODY AND DISPOSITION OF SEIZED
SUBSTANCES
The PDEA shall take charge and have custody of
all dangerous drugs, plant sources of
dangerous drugs, controlled precursors and
essential chemicals, as well as
instruments/paraphernalia and/or laboratory
equipment so confiscated, seized and/or
surrendered, for proper disposition in the
following manner [Section 21, Article II, RA 9165]:
(1) The apprehending team shall physically
inventory and photograph the same in the
presence of the accused, his representative
or counsel, a representative from the
media and the DOJ, and any elected public
official who shall be required to sign the
copies of the inventory and be given a copy
thereof;
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(2) Within 24 hours upon confiscation/seizure
of dangerous drugs, plant sources of
dangerous drugs, controlled precursors
and essential chemicals, as well as
paraphernalia and/or laboratory
equipment, the same shall be submitted to
the PDEA Forensic Laboratory for a
qualitative and quantitative examination;
(3) A certification of the results, done under
oath by the forensic laboratory examiner,
shall be issued within 24 hours after
receipt of the subject items. When the
volume of the subject does not allow the
completion of testing within 24 hours, a
partial report shall be issued stating
therein the quantity of dangerous drugs
still to be examined by the forensic
laboratory; and a final certification shall be
issued on the completed forensic
laboratory examination on the same within
the next 24 hours;
(4) Filing of the criminal case in court.
(5) The Court shall, within 72 hours, conduct
an ocular inspection of the confiscated,
seized and/or surrendered items, including
the instruments and/or laboratory
equipment;
(6) The PDEA shall then within 24 hours
proceed with the destruction or burning of
the same, in the presence of the accused,
his his/her representative or counsel, a
representative from the media and the
DOJ, civil society groups and any elected
public official.
(7) The Board shall then issue a sworn
certification to the fact of destruction or
burning of the subject items which,
together with the representative samples
in the custody of the PDEA, shall be
submitted to the court having jurisdiction
over the case. In all instances, the
representative sample/s shall be kept to a
minimum quantity as determined by the
Board;
(8) After the promulgation and judgment in
the criminal case wherein the
representative sample/s was presented as
evidence in court, the trial prosecutor shall
inform the Board of the final termination of
the case and, in turn, shall request the
court for leave to turn over the said
representative sample/s to the PDEA for
UP LAW BOC CRIMINAL LAW 2
proper disposition and destruction within
24 hours from receipt of the same.
Chain of Custody: the duly recorded authorized
movements and custody of subject items at each
stage, from the time of seizure to presentation to
the court for destruction. Such record of
movements and custody of seized items shall
include the identity and signature of the person
who held temporary custody of the seized items,
the date and time when such transfer of custody
was made in the course of safekeeping and use in
court as evidence, and the final disposition.
(Section 1b, DDB Resolution No. 1, Series of 2002,
implementing RA 9165)
Non-compliance with these requirements under
justifiable grounds, as long as the integrity and
the evidentiary value of the seized items are
properly preserved by the apprehending
officer/team, shall not render void and invalid
such seizures of and custody over said items.
(Section 21a, IRR of RA 9165)
Any person apprehended or arrested for violating
the provisions of the Act shall be subjected to
screening laboratory examination or test within
24 hours, if the apprehending or arresting
officer has reasonable ground to believe that
the person apprehended or arrested, on
account of physical signs or symptoms or other
visible or outward manifestation, is under the
influence of dangerous drugs. If found to be
positive, the results of the screening laboratory
examination or test shall be challenged within
15 days after receipt of the result through a
confirmatory test conducted in any accredited
analytical laboratory equipped with a gas
chromatograph/mass spectrometry equipment
or some such modern and accepted method,
and if confirmed, the same shall be prima facie
evidence that such person has used dangerous
drugs, which is without prejudice for the
prosecution for other violations of the provisions
of the Act: Provided, that a positive screening
laboratory test must be confirmed for it to be
valid in court of law. (Section 38, IRR of RA 9165)
Non-presentation of the forensic chemist in
illegal drug cases is an insufficient cause for
acquittal. The corpus delicti (the body of the
crime) in dangerous drugs cases constitutes the
dangerous drug itself. [People v. Quebral
(2009)]
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The presumption of regularity of official acts does
not apply when police officers have failed to
comply with the standard of procedure set by
law in a way that compromises the integrity and
evidentiary value of the thing seized. In such
case, the indispensable element of corpus
delicti would not be proven. [Fajardo v. People
(2012)]
OTHER IMPORTANT POINTS
Authorized Drug Testing
The following shall be subjected to undergo drug
testing: [Section 36, Article III, RA 9165]
(1) Applicants for drivers license
(2) Applicants for firearms license and permit to
carry firearms outside of residence.
(3) All persons who by the nature of their
profession carry firearms shall undergo drug
testing.
(4) Students of secondary or tertiary schools.
(5) Officers and employees of public and private
offices, whether domestic or overseas, as
contained in the companys work rules and
regulations. Any officer or employee found
positive for use of dangerous drugs shall be
dealt with administratively which shall be a
ground for suspension or termination, subject
to the provisions of Article 282 of the Labor
Code and pertinent provisions of the Civil
Service Law.
(6) Officers and members of the military, police
and other law enforcement agencies
(7) All persons charged before the prosecutor's
office with a criminal offense having an
imposable penalty of imprisonment of not less
than six (6) years and one (1) day shall have to
undergo a mandatory drug test.*
(8) All candidates for public office whether
appointed or elected both in the national or
local government shall undergo a mandatory
drug test.
The testing requirement as to national officials
whose qualification requirements have been set
forth in the Constitution is unconstitutional.
Where the Constitution has expressly set out
the qualifications, these are exclusive and may
not be broadened or circumscribed by
legislative fiat. [SJS v DDB and PDEA (2008)]
*The operative concepts in the mandatory drug
testing are randomness and suspicionless. In
UP LAW BOC CRIMINAL LAW 2
the case of persons charged with a crime before
the prosecutors office, a mandatory drug testing
can never be random or suspicionless. It violates
their right to privacy and self-incrimination, and is
thus unconstitutional. [SJS v DDB and PDEA
(2008)]
May a drug dependent who is found guilty of the
use of dangerous drugs voluntarily submit
himself for treatment and rehabilitation? Yes.
The drug dependent may, by himself/herself or
through his/her parent, spouse, guardian or
relative within the fourth degree of
consanguinity or affinity, apply to the Board or
its duly recognized representative, for treatment
and rehabilitation of the drug dependency.
Upon such application, the Board shall bring
forth the matter to the Court which shall order
that the applicant be examined for drug
dependency [Section 54, Article VIII, RA 9165].
Is there also compulsory confinement? Yes.
Notwithstanding any law, rule and regulation to
the contrary, any person determined and found
to be dependent on dangerous drugs shall,
upon petition by the Board or any of its
authorized representative, be confined for
treatment and rehabilitation in any Center duly
designated or accredited for the purpose.
A petition for the confinement of a person
alleged to be dependent on dangerous drugs to
a Center may be filed by any person authorized
by the Board with the Regional Trial Court of
the province or city where such person is found.
[Section 61, Article VIII, RA 9165].
Any parent, spouse or guardian who, without
valid reason, refuses to cooperate with the
Board or any concerned agency in the treatment
and rehabilitation of a drug dependent who is a
minor, or in any manner, prevents or delays the
after-care, follow-up or other programs for the
welfare of the accused drug dependent,
whether under voluntary submission program
or compulsory submission program, may be
cited for contempt by the court. [Section 73,
Article VIII, RA 9165]
How long will the drug dependent be confined for
treatment and rehabilitation? Confinement in a
Center for treatment and rehabilitation shall
not exceed one (1) year, after which time the
Court, as well as the Board, shall be apprised by
the head of the treatment and rehabilitation
center of the status of said drug dependent and
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determine whether further confinement will be
for the welfare of the drug dependent and
his/her family or the community [Section 54,
Article VIII, RA 9165].
How will a drug dependent who is under the
voluntary submission program and is finally
discharged from confinement in the Center be
exempt from criminal liability?
(1) He/she has complied with the rules and
regulations of the center, the applicable
rules and regulations of the Board, including
the after-care and follow-up program for at
least eighteen (18) months following
temporary discharge from confinement in
the Center
(2) He/she has never been charged or convicted
of any offense punishable under this Act, the
Dangerous Drugs Act of 1972 or Republic
Act No. 6425, as amended; the Revised
Penal Code, as amended; or any special
penal laws
(3) He/she has no record of escape from a
Center
(4) He/she poses no serious danger to
himself/herself, his/her family or the
community by his/her exemption from
criminal liability [Section 55, Article VIII, RA
9165]
What are the functions of the Dangerous Drugs
Board?
(1) Be the policy-making and strategy-
formulating body in the planning and
formulation of policies and programs on
drug prevention and control.
(2) Develop and adopt a comprehensive,
integrated, unified and balanced national
drug abuse prevention and control strategy.
(3) Be under the Office of the President. [Section
77, Article IX, RA 9165]
What is the PDEA? The PDEA is the Philippine
Drug Enforcement Agency. It serves as the
implementing arm of the Dangerous Drugs
Board. It shall be responsible for the efficient
and effective law enforcement of all the
provisions on any dangerous drug and/or
controlled precursor and essential chemical as
provided in this Act. [Section 82, Article IX, RA
916]
UP LAW BOC CRIMINAL LAW 2
Title VI. Crimes against
Public Morals
CHAPTER I: Gambling and Betting
(1) Gambling (Art 195)
(2) Importation, sale and possession of lottery
tickets or advertisements (Art 196)
(3) Betting in sports contests (Art 197)
(4) Illegal betting on horse races (Art 198)
(5) Illegal cockfighting (Art 199)
CHAPTER II: Offenses against Decency and Good
Customs
(1) Grave Scandal (Art 200)
(2) Immoral doctrines, obscene publications and
exhibitions (Art 201)
(3) Vagrancy and prostitution (Art 202)
CHAPTER I: GAMBLING AND
BETTING
Articles 195-199 Gambling and Betting
Gambling Any game or scheme, whether upon
chance or skill, wherein wagers consisting of
money, articles of value or representative of value
are at stake or made.
PD 1602: Anti-Gambling Act
PD 1602, which repealed Articles 195-199 insofar
as they are inconsistent with said Act punishes:
(1) Any person who, in any manner, shall directly
or indirectly take part in any illegal or
unauthorized activities or games of
(a) Cockfighting, jueteng, jai alai or horse
racing to include bookie operations and
game fixing, numbers, bingo and other
forms of lotteries;
(b) Cara y cruz, pompiang and the like;
7-11 and any game using dice;
(c) Black jack, lucky nine, poker and its
derivatives, monte, baccarat, cuajo,
pangguigue and other card games;
(d) Paik que, high and low, mahjong, domino
and other games using plastic tiles and the
like;
(e) Slot machines, roulette, pinball and other
mechanical contraptions and devices;
(f) Dog racing, boat racing, car racing and
other forms of races;
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(g) Basketball, boxing, volleyball, bowling,
pingpong and other forms of individual or
team contests to include game fixing, point
shaving and other machinations;
(h) Banking or percentage game, or any other
game scheme, whether upon chance or
skill, wherein wagers consisting of money,
articles of value or representative of value
are at stake or made;
(2) Any person who shall knowingly permit any
form of gambling referred to in the preceding
subparagraph to be carried on in an inhabited
place or in any building, vessel or other means
of transportation owned or controlled by him.
(3) Any person who shall knowingly permit any
form of gambling to be carried on in a place
which has a reputation of a gambling place or
that prohibited gambling is frequently carried
on therein, or the place is a public or
government building or barangay hall;
(4) The maintainer or conductor of the above
gambling schemes.
Maintainer: a person who sets up and furnishes
the means with which to carry on the gambling
game or scheme.
Conductor: a person who manages or carries on
the gambling game or scheme.
(5) A government official who is a maintainer,
conductor or banker of said gambling
schemes, or the player, promoter, referee,
umpire, judge or coach in case of game fixing,
point shaving and machination.
(6) Any person who shall, knowingly and without
lawful purpose in any hour of any day, possess
any lottery list, paper or other matter
containing letters, figures, signs or symbols
pertaining to or in any manner used in the
games of jueteng, jai-alai or horse racing
bookies, and similar games of lotteries and
numbers which have taken place or about to
take place.
(7) Any barangay official who, with knowledge of
the existence of a gambling house or place in
his jurisdiction fails to abate the same or take
action in connection therewith.
(8) Any security officer, security guard, watchman,
private or house detective of hotels, villages,
buildings, enclosures and the like which have
the reputation of a gambling place or where
gambling activities are being held.
Any person who shall disclose information that
will lead to the arrest and final conviction of the
UP LAW BOC CRIMINAL LAW 2
malefactor shall be rewarded twenty percent of
the cash money or articles of value confiscated
or forfeited in favor of the government. (Section
3)
RA 9287: Increasing the Penalty for
Illegal Numbers Games
Illegal Numbers Game Any form of illegal
gambling activity which uses numbers or
combinations thereof as factors in giving out
jackpots.
The law punishes any person who participates in
any illegal numbers game: (Section 3)
(a) If such person acts as a bettor;
(b) If such person acts as a personnel or staff of
an illegal numbers game operation;
(c) If such person allows his vehicle, house,
building or land to be used in the operation of
the illegal numbers games;
(d) If such person acts as a collector or agent;
(e) If such person acts as a coordinator, controller
or supervisor;
(f) If such person acts as a maintainer, manager
or operator;
(g) If such person acts as a financier or capitalist;
(h) If such person acts as protector or coddler.
The possession of any gambling paraphernalia
and other materials used in the illegal numbers
game operation shall be deemed prima facie
evidence of any offense covered by this Act.
(Section 4)
The games of domino, bingo, poker when not
played with five cards stud, cuajo, pangguingue
and mahjong, provided that they are played as
parlor games or for home entertainment, and
provided further, that they are not played in
places habitually used for gambling and the
betting is not disguised to defeat the intent of
Presidential Decree No. 1602, are hereby
exempted. (Letter of Instruction No. 816)
Lottery is a scheme for the distribution of prices
by chance among persons who have paid, or
agreed to pay, a valuable consideration for the
chance to obtain a prize. It has 3 elements: 1)
Consideration, 2) Chance, 3) Prize or some
advantage or inequality in amount or value
which is in the nature of a prize [U.S. v Filart
(1915)]
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CHAPTER II: OFFENSES AGAINST
DECENCY AND GOOD CUSTOMS
Article 200 - Grave Scandal
Elements:
(a) Offender performs an act or acts;
(b) Such act or acts be highly scandalous as
offending against decency or good customs;
(c) The highly scandalous conduct is not expressly
falling within any other article of this Code;
and
(d) The act or acts complained of be committed in
a public place or within the public knowledge
or view. [Reyes]
Decency: means proprietary of conduct; proper
observance of the requirements of modesty,
good taste, etc.
Customs: established usage, social conventions
carried on by tradition and enforced by social
disapproval of any violation thereof.
Grave Scandal: consists of acts which are
offensive to decency and good customs which,
having been committed publicly, have given rise
to public scandal to persons who have
accidentally witnessed the same.
The acts must be performed in a public place or
within the public knowledge or view. If it is
committed in a private place, the crime of grave
scandal is not committed.
In conducts involving lasciviousness, it is grave
scandal only where there is mutual consent.
[Boado, Comprehensive Reviewer in Criminal
Law]
Any act which is notoriously offensive to decency
may bring about criminal liability for the crime
of grave scandal, Provided such act does not
constitute some other crime under the Revised
Penal Code.
Grave scandal is a crime of last resort.
Article 201 - Immoral Doctrines,
Obscene Publications and Exhibitions
and Indecent Shows
Acts punished (as amended by PD 960, 969)
(1) Those who shall publicly expound or proclaim
doctrines openly contrary to public morals;
(2) (a) The authors of obscene literature,
published with their knowledge in any
UP LAW BOC CRIMINAL LAW 2
form, the editors publishing such literature;
the owners/operators of the establishment
selling the same;
(b) Those who, in theaters, fairs,
cinematographs, or any other place, exhibit
indecent or immoral plays, scenes, acts, or
shows, it being understood that the
obscene literature or indecent or immoral
plays, scenes, acts or shows, whether live or
in film, which are proscribed by virtue
hereof, shall include those which:
(i) glorify criminals or condone crimes;
(ii) serve no other purpose but to satisfy the
market for violence, lust or
pornography;
(iii) offend any race, or religion;
(iv) tend to abet traffic in and use of
prohibited drugs; and
(v) are contrary to law, public order, morals,
good customs, established policies,
lawful orders, decrees and edicts
(3) Those who shall sell, give away or exhibit
films, prints, engravings, sculpture or literature
which are offensive to morals.
Morals: imply conformity with the generally
accepted standards of goodness or rightness in
conduct or character, sometimes, specifically, to
sexual conduct.
Offense in any of the forms mentioned in the
article is committed only when there is publicity
The test of obscenity:
(1) The test is objective.
(2) It is more on the effect upon the viewer and
not alone on the conduct of the performer.
(3) If the material has the tendency to deprave
and corrupt the mind of the viewer then the
same is obscene and where such obscenity is
made publicly, criminal liability arises.
(4) As long as the pornographic matter or
exhibition is made privately, there is no crime
committed under the Revised Penal Code
because what is protected is the morality of
the public in general.
Jurisprudence:
Postcards of Philippine inhabitants in native
attire were not obscene because the aggregate
judgment of the community, and the moral
sense of the people were not shocked by those
pictures. They were not offensive to chastity but
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merely depicted persons as they actually lived.
[People v Kottinger (1923)]
The reaction of the public during the performance
of a dance by one who had nothing to cover
herself with, except nylon patches over her
breasts and too abbreviated pair of nylon
panties to interrupt her stark nakedness should
be made the gauge in the determination of
whether the dance or exhibition was indecent or
immoral. [People v Aparici (1955)]
An actual exhibition of the sexual act can have no
redeeming featureno room for art. Therefore,
it is a clear and unmitigated obscenity. [People v
Padan (1957)]
The Miller Test of Obscenity: [Miller v California
(1973) adopted in Fernando v CA (2006)]
(1) Whether the average person, applying
contemporary standards, would find the work,
taken as a whole, appeals to prurient interest;
(2) Whether the work depicts, in a patently
offensive way, sexual conduct specifically
defined by the applicable state law;
(3) Whether the work, taken as a whole, lacks
serious literary, artistic, political or scientific
value.
Mere possession of obscene materials, without
intent to sell, exhibit or distribute, is not
punishable under Article 201. The offense is
committed only where there is publicity. So long
as the materials are offered for sale, displayed,
or exhibited to the public, one may be liable.
[Fernando v CA (2006)]
Article 202 - Prostitution (Amended by
RA 10158)
Elements:
(a) The offender is a woman;
(b) She habitually indulges in sexual intercourse
or lascivious conduct;
(c) Such indulgence is for money or profit.
The term prostitution is applicable to a woman
who for profit or money habitually engages in
sexual or lascivious conduct. A man who
engages in the same conduct sex for money
is not a prostitute, but a vagrant.
In law, the mere indulging in lascivious conduct
habitually because of money or gain would
amount to prostitution, even if there is no
sexual intercourse. Virginity is not a defense.
UP LAW BOC CRIMINAL LAW 2
Habituality is the controlling factor; it has to be
more than one time.
There cannot be prostitution by conspiracy. One
who conspires with a woman in the prostitution
business like pimps, taxi drivers or solicitors of
clients are guilty of the crime under Article 341
for white slavery.
Before RA 10158, which decriminalized
vagrancy, the following are liable under
Article 202:
(1) Any person, having no apparent means of
subsistence, who has the physical ability to
work and who neglects to apply himself to
some lawful calling;
(2) 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;
(3) Any idle or dissolute person who lodges in
houses of ill-fame, ruffians or pimps and those
who habitually associate with prostitutes;
(4) Any person who, not being included in the
provisions of other articles in this Code, shall
be found loitering in any inhabited or
uninhabited place belonging to another
without any lawful or justifiable purpose;
(5) Prostitutes.
All pending cases under the provisions of Article
202 of the Revised Penal Code on Vagrancy
prior to its amendment by this Act shall be
dismissed upon effectivity of this Act. [Section 2,
RA 10158]
All persons serving sentence for violation of the
provisions of Article 202 on Vagrancy prior to its
amendment by this Act shall be immediately
released upon effectivity of this Act: Provided,
That they are not serving sentence or detained
for any other offense or felony. [Section 3, RA
10158]
Under the Mendicancy Law of 1978 (PD 1563), the
following persons are liable:
(1) The mendicant himselfone who has no
visible and legal means of support, or lawful
employment, and who is physically able to
work but neglects to apply himself to some
lawful calling and instead uses begging as a
means of living.
(2) Any person who abets mendicancy by giving
alms directly to mendicants, exploited
infants and minors on public roads,
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sidewalks, parks and bridges shall be
punished by a fine.
RA 9208: Anti-Trafficking in Persons
Act
Trafficking in Persons: recruitment,
transportation, transfer or harboring, or receipt of
persons with or without the victim's consent or
knowledge, within or across national borders by
means of threat or use of force, or other forms of
coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the
vulnerability of the person, or, the giving or
receiving of payments or benefits to achieve the
consent of a person having control over another
person for the purpose of exploitation which
includes at a minimum, the exploitation or the
prostitution of others or other forms of sexual
exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs. The
recruitment, transportation, transfer, harboring or
receipt of a child for the purpose of exploitation
shall also be considered as "trafficking in
persons" even if it does not involve any of the
aforementioned means.
Acts of Trafficking in Persons - It shall be unlawful
for any person, natural or juridical, to commit any
of the following acts [Section 4, RA 9208]:
(a) To recruit, transport, transfer, harbor, provide,
or receive a person by any means, including
those done under the pretext of domestic or
overseas employment or training or
apprenticeship, for the purpose of prostitution,
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt
bondage;
(b) To introduce or match for money, profit, or
material, economic or other consideration, any
person or, as provided for under Republic Act
No. 6955, any Filipino woman to a foreign
national, for marriage for the purpose of
acquiring, buying, offering, selling or trading
him/her to engage in prostitution,
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt
bondage;
(c) To offer or contract marriage, real or
simulated, for the purpose of acquiring,
buying, offering, selling, or trading them to
engage in prostitution, pornography, sexual
UP LAW BOC CRIMINAL LAW 2
exploitation, forced labor or slavery,
involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel
plans consisting of tourism packages or
activities for the purpose of utilizing and
offering persons for prostitution, pornography
or sexual exploitation;
(e) To maintain or hire a person to engage in
prostitution or pornography;
(f) To adopt or facilitate the adoption of persons
for the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a
person, by means of threat or use of force,
fraud, deceit, violence, coercion, or
intimidation for the purpose of removal or sale
of organs of said person; and
(h) To recruit, transport or adopt a child to
engage in armed activities in the Philippines
or abroad.
Acts that Promote Trafficking in Persons - The
following acts which promote or facilitate
trafficking in persons, shall be unlawful [Section
5, RA 9208]:
(a) To knowingly lease or sublease, use or allow
to be used any house, building or
establishment for the purpose of promoting
trafficking in persons;
(b) To produce, print and issue or distribute
unissued, tampered or fake counseling
certificates, registration stickers and
certificates of any government agency which
issues these certificates and stickers as proof
of compliance with government regulatory
and pre-departure requirements for the
purpose of promoting trafficking in persons;
(c) To advertise, publish, print, broadcast or
distribute, or cause the advertisement,
publication, printing, broadcasting or
distribution by any means, including the use of
information technology and the internet, of
any brochure, flyer, or any propaganda
material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation
or fraud for purposes of facilitating the
acquisition of clearances and necessary exit
documents from government agencies that
are mandated to provide pre-departure
registration and services for departing persons
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for the purpose of promoting trafficking in
persons;
(e) To facilitate, assist or help in the exit and entry
of persons from/to the country at
international and local airports, territorial
boundaries and seaports who are in
possession of unissued, tampered or
fraudulent travel documents for the purpose
of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport,
travel documents, or personal documents or
belongings of trafficked persons in
furtherance of trafficking or to prevent them
from leaving the country or seeking redress
from the government or appropriate agencies;
(g) To knowingly benefit from, financial or
otherwise, or make use of, the labor or services
of a person held to a condition of involuntary
servitude, forced labor, or slavery.
Qualified Trafficking in Persons [Section 6, RA
9208]:
(a) When the trafficked person is a child;
(b) When the adoption is effected through RA
8043, otherwise known as the "Inter-Country
Adoption Act of 1995" and said adoption is for
the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate,
or in large scale. Trafficking is deemed
committed by a syndicate if carried out by a
group of 3 or more persons conspiring or
confederating with one another. It is deemed
committed in large scale if committed against
3 or more persons, individually or as a group;
(d) When the offender is an ascendant, parent,
sibling, guardian or a person who exercises
authority over the trafficked person or when
the offense is committed by a public officer or
employee;
(e) When the trafficked person is recruited to
engage in prostitution with any member of the
military or law enforcement agencies;
(f) When the offender is a member of the military
or law enforcement agencies; and
(g) When by reason or on occasion of the act of
trafficking in persons, the offended party dies,
becomes insane, suffers mutilation or is
afflicted with HIV or AIDS.
UP LAW BOC CRIMINAL LAW 2
Any person who buys or engages the services of
trafficked persons for prostitution shall be
penalized as follows [Section 11, RA 9208]:
(a) First offense - 6 months of community service
as may be determined by the court and a fine
of P50,000;
(b) Second and subsequent offenses -
imprisonment of 1 year and a fine of
P100,000.
Trafficked persons shall be recognized as victims
of the act or acts of trafficking and as such shall
not be penalized for crimes directly related to
the acts of trafficking enumerated in this Act or
in obedience to the order made by the trafficker
in relation thereto. In this regard, the consent of
a trafficked person to the intended exploitation
set forth in this Act shall be irrelevant. [Section
17, RA 9208]
Section 17: Persons trafficked (including
prostitutes) are exempt from criminal liability.
Under RA 9208, persons who hire trafficked
persons are criminally liable (Section 11). Not so
in Art 202 RPC.
Title VII. Crimes Committed
by Public Officers
Chapter 1: Preliminary Provisions
(1) Article 203 Who Are Public Officers
Chapter 2: Malfeasance and Misfeasance in Office
(1) Article 204 - Knowingly Rendering Unjust
Judgment
(2) Article 205 - Judgment Rendered Through
Negligence
(3) Article 206 - Unjust Interlocutory Order
(4) Article 207 - Malicious Delay in the
Administration of Justice
(5) Article 208 - Prosecution of Offenses;
Negligence and Tolerance
(6) Article 209 - Betrayal of Trust by an Attorney
or a Solicitor - Revelation of Secrets
(7) Article 210 - Direct Bribery
(8) Article 211 - Indirect Bribery
(9) Article 211-A - Qualified Bribery
(10) Article 212 - Corruption of Public Officials
(11) Article 214 - Other Frauds
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CRIMINAL LAW
Chapter 3: Frauds and Illegal Exactions and
Transactions
(1) Article 213 - Fraud against the Public Treasury
and Similar Offenses
(2) Article 215 - Prohibited Transactions
(3) Article 216 Possession of Prohibited Interest
by a Public Officer
Chapter 4: Malversation of Public Funds and
Properties
(1) Article 217 - Malversation of Public Funds or
Property - Presumption of Malversation
(2) Article 218 - Failure of Accountable Officer to
Render Accounts
(3) Article 219 - Failure of a Responsible Public
Officer to Render Accounts Before Leaving the
Country
(4) Article 220 - Illegal Use of Public Funds or
Property
(5) Article 221 - Failure to Make Delivery of Public
Funds or Property
(6) Article 222 - Officers Included in the
Preceding Provisions
Chapter 5: Infidelity of Public Officers
(1) Article 223 - Conniving With or Consenting to
Evasion
(2) Article 224 - Evasion through Negligence
(3) Article 225 - Escape of Prisoner under the
Custody of a Person Not a Public Officer
(4) Article 226 - Removal, Concealment, or
Destruction of Documents
(5) Article 227 - Officer Breaking Seal
(6) Article 228 - Opening of Closed Documents
(7) Article 229 - Revelation of Secrets by an
Officer
(8) Article 230 - Public Officers Revealing Secrets
of Private Individuals
Chapter 6: Other Offenses and Irregularities by
Public Officers
(1) Article 231 - Open Disobedience
(2) Article 232 - Disobedience to the Order of
Superior Officer When Said Order Was
Suspended by Inferior Officer
(3) Article 233 - Refusal of Assistance
(4)Article 234 - Refusal to Discharge Elective
Office
(5)Article 235 - Maltreatment of Prisoners
(6)Article 236 - Anticipation of Duties of a Public
Officer
UP LAW BOC CRIMINAL LAW 2
(7) Article 237 - Prolonging Performance of
Duties and Powers
(8) Article 238 - Abandonment of Office or
Position
(9) Article 239 - Usurpation of Legislative Powers
(10) Article 240 - Usurpation of Executive
Functions
(11) Article 241 - Usurpation of Judicial Functions
(12) Article 242 - Disobeying Request for
Disqualification
(13) Article 243 - Orders or Request by Executive
Officer to Any Judicial Authority
(14) Article 244 - Unlawful Appointments
(15) Article 245 - Abuses against Chastity
Remember:
This is one of the instances where the Revised
Penal Code may be given extra-territorial
application under Article 2 (5) thereof.
Crimes under this title can be committed by
public officers or a non-public officer, when the
latter becomes a conspirator with a public
officer, or an accomplice, or accessory to the
crime. The public officer has to be the principal.
CHAPTER I: PRELIMINARY
PROVISIONS
Article 203 - Who Are Public Officers
Requisites:
(1) Taking part in the performance of public
functions in the government;
(2) Performing in said government or in any of its
branches public duties as an employee, agent
or subordinate official, of any rank or class;
(3) His authority to take part in the performance
of public functions or to perform public duties
must be:
(a) By direct provision of the law;
(b) By popular election; or
(c) By appointment by competent authority.
The term public officers embraces every public
servant from the highest to lowest.
Dacumas v. Sandiganbayan expanded the
meaning of official duties. It included those
which may be in ones capacity to perform by
reason of his office.
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CRIMINAL LAW
Officers and employees of government owned
and controlled corporations included but not
those of a sequestered corporation.
The better rule is that GOCCs created by law are
covered while GOCCs registered with the SEC
(including sequestered companies) are not.
[Macalino v. Sandiganbayan]
Based on RA 8249, presidents, directors,
trustees, and managers of all GOCCs,
regardless of type, are subject to the jurisdiction
of the Sandiganbayan when they are involved in
graft and corruption. [People v. Sandiganbayan]
CHAPTER II: MALFEASANCE AND
MISFEASANCE IN OFFICE
Malfeasance The performance of an act
(Direct Bribery which ought not to be done
and Indirect
Bribery)
Misfeasance Improper performance of some
(see Arts 204- act which might lawfully be
207: Acts by a done
judge)
Nonfeasance Omission of some act which
(Prosecution) ought to be performed
Article 204 - Knowingly Rendering
Unjust Judgment
Elements:
(a) Offender is a judge;
(b) He renders a judgment in a case submitted to
him for decision;
(c) Judgment is unjust;
(d) The judge knows that his judgment is unjust.
Judgment: the final consideration and
determination of a court of competent jurisdiction
upon matters submitted to it, in an action or
proceeding.
An unjust judgment is one which is contrary to
law or is not supported by the evidence, or both.
Defense: Mere error in good faith.
There must be positive evidence imputing an
unjust judgment; presumption will not suffice.
The source of an unjust judgment may be either
a) error, b) ill-will or revenge, or c) bribery.
The offense refers only to a judgment of an
individual judge in his court, and not to the
UP LAW BOC CRIMINAL LAW 2
judgment rendered in a collegial court by the
members thereof [In Re: Wenceslao Laureta
(1987)]
Before a criminal action against a judge for
violation of Articles 204 and 205 can be
entertained, there must be a trial or
authoritative judicial declaration that his
decision or order is really unjust which may
result from either an action of certiorari or
prohibition in a higher court. [De Vera v. Pelayo
(2000)]
Article 205 - Judgment Rendered
Through Negligence
Elements:
(a) Offender is a judge;
(b) He renders a judgment in a case submitted to
him for decision;
(c) The judgment is manifestly unjust;
(d) It is due to his inexcusable negligence or
ignorance.
A manifestly unjust judgment is one which is so
manifestly contrary to law that even a person
having basic knowledge of the law cannot
doubt the injustice. Abuse of discretion or mere
error of judgment, not punishable.
The Supreme Court held that a judgment is said
to be unjust when it is contrary to the standards
of conduct prescribed by law.
The test to determine whether an order or
judgment is unjust may be inferred from the
circumstances that it is contrary to law or is not
supported by evidence. [Louis Vuitton SA v.
Judge Villanueva]
Article 206 - Unjust Interlocutory Order
Elements:
(a) Offender is a judge;
(b) He performs any of the following acts:
(1) Knowingly rendering an unjust interlocutory
order or decree; or
(2) Rendering a manifestly unjust interlocutory
order or decree through inexcusable
negligence or ignorance.
If the order leaves something to be done in the
trial court with respect to the merits of the case,
it is interlocutory. If it does not, it is final.
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CRIMINAL LAW
The unjust interlocutory order must have been
issued by the judge with deliberate intent to
cause damage to the party concerned.
Article 207 - Malicious Delay in the
Administration of Justice
Elements:
(a) Offender is a judge;
(b) There is a proceeding in his court;
(c) He delays in the administration of justice;
(d) The delay is malicious, that is, with deliberate
intent to inflict damage on either party in the
case.
Malice must be proven. Malice is present where
the delay is sought to favor one party to the
prejudice of the other.
Mere delay without malice is not a felony under
this provision.
Article 208 - Prosecution of Offenses;
Negligence and Tolerance
MODE 1. MALICIOUSLY REFRAINING FROM
INSTITUTING PROSECUTION AGAINST
VIOLATORS OF THE LAW.
MODE 2. MALICIOUSLY TOLERATING THE
COMMISSION OF OFFENSES.
Elements:
(a) Offender is a public officer or officer of the law
who has a duty to cause the prosecution of, or to
prosecute, offenses;
(b) There is a 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;
(c) Offender acts with malice and deliberate
intent to favor the violator of the law.
Public officer: officers of the prosecution
department, whose duty is to institute criminal
proceedings for felonies upon being informed of
their perpetration, i.e. city attorney, fiscal.
Officer of the law: those who, by reason of the
position held by them, are duty-bound to cause
prosecution and punishment of offenders, i.e.
chief of police, barrio captain.
UP LAW BOC CRIMINAL LAW 2
Also known as prevaricacion.
Negligence in the title must be construed to
mean neglect of the duties of his office by
maliciously failing to move the prosecution and
punishment of the delinquent. The crime
committed by the law violator must be proved
first. [US v. Mendoza]
Liability of the public officer who, having the duty
of prosecuting the offender, harbored,
concealed, or assisted in the escape of the
latter, is that of a principal in the crime of
dereliction of duty in the prosecution of the
offense.
Article 209 Betrayal of Trust by an
Attorney or a Solicitor Revelation of
Secrets
Elements:
(a) Causing damage to his client, either
(1) By any malicious breach of professional
duty;
(2) By inexcusable negligence or ignorance.
(b) Revealing any of the secrets of his client
learned by him in his professional capacity
(damage is not necessary);
(c) Undertaking the defense of the opposing party
in the same case, without the consent of his
first client,
(1) after having undertaken the defense of said
first client, or
(2) after having received confidential
information from said client.
When the attorney acts with malicious abuse of
his employment or inexcusable negligence or
ignorance, there must be damage to his client.
Communications made with prospective clients
to a lawyer with a view to engaging his
professional services are already privileged even
though the client-lawyer relationship did not
eventually materialize.
The confidential matters or information must be
confided to the lawyer in the latters
professional capacity.
Mere malicious breach without damage is not a
violation of Article 209; at most he will be liable
administratively as a lawyer, e.g., suspension or
disbarment under the Code of Professional
Responsibility.
Modes of Commission:
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CRIMINAL LAW
(1) Maliciously causing damage to his client
through a breach of his professional duty.
Note: The breach of professional duty must be
malicious. If it is just incidental, it would not give
rise to criminal liability, although it may be the
subject of administrative discipline;
(2) Through gross ignorance, causing damage to
the client;
(3) Inexcusable negligence;
(4) Revelation of secrets learned in his
professional capacity;
(5) Undertaking the defense of the opposite party
in a case without the consent of the first client
whose defense has already been undertaken.
The Supreme Court held that not all information
received by counsel from the client is classified
as privileged.
A distinction must be made between confidential
communications relating to past crimes already
committed, and future crimes intended to be
committed by the client. The attorney-client
privilege only covers past crimes. [People v.
Sandiganbayan]
Article 210 - Direct Bribery
MODE 1: AGREEING TO PERFORM, OR
PERFORMING, IN CONSIDERATION OF ANY
OFFER, PROMISE, GIFT OR PRESENT; AN
ACT CONSTITUTING A CRIME, IN
CONNECTION WITH THE PERFORMANCE OF
HIS OFFICIAL DUTIES;
MODE 2: ACCEPTING A GIFT IN
CONSIDERATION OF THE EXECUTION OF AN
ACT WHICH DOES NOT CONSTITUTE A
CRIME, IN CONNECTION WITH THE
PERFORMANCE OF HIS OFFICIAL DUTY;
MODE 3: AGREEING TO REFRAIN, OR BY
REFRAINING, FROM DOING SOMETHING
WHICH IS HIS OFFICIAL DUTY TO DO, IN
CONSIDERATION OF GIFT OR PROMISE.
Elements:
(a) Offender is a public officer within the scope of
Article 203;
(b) Offender accepts an offer or a promise or
receives a gift or present by himself or through
another;
UP LAW BOC CRIMINAL LAW 2
(c) Such offer or promise be accepted, or gift or
present received by the public officer
(1) With a view to committing some crime; or
(2) In consideration of the execution of an act
which does not constitute a crime, but the
act must be unjust; or
(3) To refrain from doing something which it is
his official duty to do.
(d) The act which offender agrees to perform or
which he executes be connected with the
performance of his official duties.
The crime of bribery has no frustrated stage. If
one party does not concur, then there is no
agreement and not all the acts necessary to
commit the crime were present.
Temporary performance of public functions is
sufficient to constitute a person a public officer.
Bribery exists when the gift is:
(1) voluntarily offered by a private person;
(2) solicited by the public officer and voluntarily
delivered by the private person;
(3) solicited by the public officer but the private
person delivers it out of fear of the
consequences should the public officer
perform his functions (here the crime by the
giver does not fall under corruption of public
officials due to the involuntariness of the act).
In the FIRST MODE of bribery, actual receipt of
the gift is not necessary.
An accepted offer or promise of a gift is
sufficient. However, if the offer is not accepted,
only the person offering the gift is liable for
attempted corruption of a public officer.
In the SECOND MODE of bribery, the gift must be
accepted by the public officer.
The GIFT must have a value or capable of
pecuniary estimation. It could be in the form of
money, property or services. It cannot consist of
a mere offer or promise of a gift.
If the act required of the public officer amounts to
a crime and he commits it, he shall be liable for
the penalty corresponding to the crime.
The THIRD MODE of bribery and prevaricacion
(Art 208) are similar offenses, both consisting of
omission of an act required to be performed.
In direct bribery however, a gift or promise is
given in consideration of the omission. This is
not necessary in prevaricacion.
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Direct bribery does not absorb Art. 208
(dereliction of duty). See Qualified Bribery (211-
A)
Police Sergeant Malfrosque asked and accepted
money in exchange for the recovery of the
reported stolen gas tanks to the owners.
This made him liable under the 2nd mode of Art
210 since the act of returning the gas tanks to
the owners does not constitute a crime; he
demanded money and said act was in
connection with the performance of his duty as
a policeman. [People v. Malfrosque (2004)]
Article 211 - Indirect Bribery
Elements:
(a) Offender is a public officer;
(b) He accepts gifts;
(c) The gifts are offered to him by reason of his
office.
The principal distinction between direct and
indirect bribery is that in the former, the officer
agrees to perform or refrain from doing an act
in consideration of the gift or promise. In the
latter case, it is not necessary that the officer do
any act. It is sufficient that he accepts the gift
offered by reason of his office.
If after receiving the gift, the officer does any act
in favor of the giver which is unfair to the others,
the crime continues to be indirect bribery.
Precisely the evil of indirect bribery is in its
tendency to produce future, unspecified, and
unwarranted favors from the official.
This is always in the consummated stage. There
is no attempted much less frustrated stage in
indirect bribery.
There must be clear intention on the part of the
public officer:
(1) to take the gift offered and
(2) consider the property as his own for that
moment.
Mere physical receipt unaccompanied by any
other sign, circumstance or act to show such
acceptance is not sufficient to convict the
officer.
"Receiving any gift" includes the act of accepting
directly or indirectly a gift from a person other
than a member of the public officer's immediate
family, in behalf of himself or of any member of
his family or relative within the fourth civil
degree, either by consanguinity or affinity, even
UP LAW BOC CRIMINAL LAW 2
on the occasion of a family celebration or
national festivity like Christmas, if the value of
the gift is under the circumstances manifestly
excessive. (Section 2(c), RA 3019)
Article 211-A - Qualified Bribery
Elements:
(a) Offender is a public officer entrusted with law
enforcement;
(b) He refrains from arresting or prosecuting an
offender who has committed a crime
punishable by reclusion perpetua and/or
death;
(c) Offender refrains from arresting or
prosecuting in consideration of any offer,
promise, gift, or present.
The crime of qualified bribery may be committed
only by public officers entrusted with
enforcement (those whose official duties
authorize them to arrest or prosecute
offenders).
The penalty is qualified if the public officer is the
one who asks or demands such present.
If the penalty imposed is lower than reclusion
perpetua and/or death had the offender been
arrested or the crime prosecuted, the crime is
direct bribery.
The dereliction of the duty punished under Article
208 of the Revised Penal Code is absorbed in
Qualified Bribery.
Article 212 - Corruption of Public
Officials
Elements:
(a) Offender makes offers or promises or gives
gifts or presents to a public officer;
(b) The offers or promises are made or the gifts or
presents given to a public officer, under
circumstances that will make the public officer
liable for direct bribery or indirect bribery.
The offender is the giver of the gift or the offeror
of the promise.
The act may or may not be accomplished.
Whenever any public officer or employee has
acquired during his incumbency an amount of
property which is manifestly out of proportion to
his salary as such public officer or employee and
to his other lawful income and the income from
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legitimately acquired property, said property
shall be presumed prima facie to have been
unlawfully acquired. If the respondent is unable
to show to the satisfaction of the court that he
has lawfully acquired the property in question,
then the court shall declare such property,
forfeited in favor of the State. [R.A. 1379]
The following shall be exempt from prosecution
or punishment for the offense with reference to
which his information and testimony was given:
(1)Any person who voluntarily gives information
about any violation of
(a) Articles 210, 211, and 212 of the RPC;
(b) R.A. 3019, as amended;
(c) Section 345 of the Internal Revenue Code
and Section 3604 of the Tariff and
Customs Code and other provisions of the
said Codes penalizing abuse or
dishonesty on the part of the public
officials concerned;
(d) Other laws, rules and regulations
punishing acts of graft, corruption and
other forms of official abuse;
(2) Any person who willingly testifies against
any public official or employee for such
violation. (Section 1, PD 749)
SPECIAL LAWS
RA 3019: Anti-Graft and Corrupt
Practices
The act covers:
(1) Public Officers (Sec. 3);
(2) Private Individuals (Sec. 4);
(3) Certain Relatives (Sec. 5);
(4) Members of Congress (Sec. 6)
SECTION 3. CORRUPT PRACTICES OF PUBLIC
OFFICERS - IN ADDITION TO ACTS OR
OMISSIONS OF PUBLIC OFFICERS ALREADY
PENALIZED BY EXISTING LAW, THE
FOLLOWING SHALL CONSTITUTE CORRUPT
PRACTICES OF ANY PUBLIC OFFICER AND
ARE HEREBY DECLARED TO BE UNLAWFUL:
(a) 1) Persuading, inducing or influencing another
public officer to perform an act constituting a
violation of rules and regulations duly
promulgated by competent authority or an
offense in connection with the official duties of
the latter, or 2) allowing himself to be persuaded,
UP LAW BOC CRIMINAL LAW 2
induced, or influenced to commit such violation
or offense.
Requesting or receiving any gift, present, or
benefit is not required in this provision (Reyes).
(b) Directly or indirectly requesting or receiving
any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection
with any contract or transaction between the
Government and any other party, wherein the
public officer in his official capacity has to
intervene under the law.
Whether or not the public officer demanded for
gifts or benefits is immaterial, for the Act uses the
words requesting or receiving.
This section refers to a public officer whose
official intervention is required by law in a
contract or transaction. [Jaravata v.
Sandiganbayan (1984)]
(c) Directly or indirectly requesting or receiving
any gift, present or other pecuniary or material
benefit, for himself or for another, from any
person for whom the public officer, in any manner
or capacity, has secured or obtained, or will
secure or obtain, any Government permit or
license, in consideration for the help given or to
be given.
(d) Accepting or having any member of his family
accept employment in a private enterprise which
has pending official business with him during the
pendency thereof or within one year after its
termination.
(e) Causing any undue injury to any party,
including the Government, or giving any private
party any unwarranted benefits, advantage or
preference in the discharge of his official
administrative or judicial functions through
manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply
to officers and employees of offices or
government corporations charged with the grant
of licenses or permits or other concessions.
The fact that the damage was caused when the
accused was no longer in the discharge his
official functions will not remove his
classification as a public officer. It is precisely
the taking advantage of his official position
which showed evident bad faith and caused
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undue injury. [Mejorada v. Sandiganbayan
(1987)]
(f) Neglecting or refusing, after due demand or
request, without sufficient justification, to act
within a reasonable time on any matter pending
before him for the purpose of obtaining, directly
or indirectly, from any person interested in the
matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his own
interest or giving undue advantage in favor of or
discriminating against any other interested party.
(g) Entering, on behalf of the Government, into
any contract or transaction manifestly and
grossly disadvantageous to the same, whether or
not the public officer profited or will profit
thereby.
(h) Directly or indirectly having financial or
pecuniary interest in any business, contract or
transaction in connection with which he
intervenes or takes part in his official capacity, or
in which he is prohibited by the Constitution or by
any law from having any interest.
A mayor who has divested himself of shares in a
corporation which had a contract with the
government before his assumption to office,
even if the divestment was to a relative, is not
liable under 3 (h). What the law wants to
prevent is actual intervention in a transaction in
which the public official has financial or
pecuniary interest. [Trieste v. Sandiganbayan
(1986)]
(i) Directly or indirectly becoming interested, for
personal gain, or having a material interest in any
transaction or act requiring the approval of a
board, panel or group of which he is a member,
and which exercises discretion in such approval,
even if he votes against the same or does not
participate in the action of the board, committee,
panel or group.
Interest for personal gain shall be presumed
against those public officers responsible for the
approval of manifestly unlawful, inequitable, or
irregular transaction or acts by the board, panel
or group to which they belong.
(j) Knowingly approving or granting any license,
permit, privilege or benefit in favor of any person
not qualified for or not legally entitled to such
UP LAW BOC CRIMINAL LAW 2
license, permit, privilege or advantage, or of a
mere representative or dummy of one who is not
so qualified or entitled.
(k) Divulging valuable information of a
confidential character, acquired by his office or by
him on account of his official position to
unauthorized persons, or releasing such
information in advance of its authorized release
date.
SECTION 4. PROHIBITION ON PRIVATE
INDIVIDUALS.
(a) Taking advantage of family or close personal
relation with any public official, by directly or
indirectly requesting or receiving any present
or pecuniary advantage from any person
having some business, transaction,
application, request or contract with the
government, in which such public official has
to intervene.
Family relation: includes the spouse or relatives
by consanguinity or affinity in the third civil
degree.
Close personal relation: includes close personal
friendship, social and fraternal connections, and
professional employment all giving rise to
intimacy which assures free access to such public
officer.
(b) Knowingly inducing or causing any public
official to commit any of the offenses defined
in Sec. 3.
SECTION 5. PROHIBITION ON CERTAIN
RELATIVES.
The spouse or any relative, by consanguinity or
affinity, within the third civil degree, of the
President, Vice-President, President of the
Senate, or Speaker of the House of
Representatives is prohibited from intervening
directly or indirectly, in any business, transaction,
contract or application with the Government.
Exceptions:
(1) Any person who, prior to the assumption of
office of those officials to whom he is related,
has been already dealing with the
Government along the same line of business,
nor to any transaction, contract or
application already existing or pending at
the time of such assumption of public office;
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(2) Any application filed by him the approval of
which is not discretionary on the part of the
official or officials concerned but depends
upon compliance with requisites provided by
law, or rules or regulations issued pursuant
to law;
(3) Any act lawfully performed in an official
capacity or in the exercise of a profession.
SECTION 6. PROHIBITION ON MEMBERS OF
CONGRESS.
(a) A member of Congress during the term for
which he has been elected, to acquire or
receive any personal pecuniary interest in any
specific business enterprise which will be
directly and particularly favored or benefited
by any law or resolution authored by him
previously approved or adopted by Congress
during the same term.
(b) Any other public officer who recommended
the initiation in Congress of the enactment or
adoption of any law or resolution, and
acquires or receives any such interest during
his incumbency.
(c) A member of Congress or other public officer,
who, having such interest prior to the approval
of such law or resolution authored or
recommended by him, continues for thirty
days after such approval to retain such
interest.
SECTION 14. EXCEPTION.
Unsolicited gifts or presents of small or
insignificant value offered or given as a mere
ordinary token of gratitude or friendship
according to local customs or usage, shall be
excepted from the provisions of this Act.
RA 7080: Anti-Plunder Act
SECTION 1. DEFINITION OF TERMS
(a) Public Officer: any person holding any public
office in the Government of the Republic of the
Philippines by virtue of an appointment, election
or contract.
(b) Government: includes the National
Government, and any of its subdivisions, agencies
or instrumentalities, including GOCCs and their
subsidiaries.
(c) Person: includes any natural or juridical
person, unless the context indicates otherwise.
UP LAW BOC CRIMINAL LAW 2
(d) Ill-gotten wealth: any asset, property, business
enterprise or material possession of any person
within the purview of Section 2 (Plunder),
acquired by him directly or indirectly through
dummies, nominees, agents, subordinates and/or
business associates by any combination or series
of the following means or similar schemes:
(1) Through misappropriation, conversion,
misuse, or malversation of public funds or
raids on the public treasury;
(2) By receiving, directly or indirectly, any
commission, gift, share, percentage, kickbacks
or any other form of pecuniary benefit from
any person and/or entity in connection with
any government contract or project or by
reason of the office or position of the public
officer concerned;
(3) By the illegal or fraudulent conveyance or
disposition of assets belonging to the National
Government or any of its subdivisions,
agencies or instrumentalities or government-
owned or -controlled corporations and their
subsidiaries;
(4) By obtaining, receiving or accepting
directly or indirectly any shares of stock, equity
or any other form of interest or participation
including promise of future employment in
any business enterprise or undertaking;
(5) By establishing agricultural, industrial or
commercial monopolies or other
combinations and/or implementation of
decrees and orders intended to benefit
particular persons or special interests; or
(6) By taking undue advantage of official
position, authority, relationship, connection or
influence to unjustly enrich himself or
themselves at the expense and to the damage
and prejudice of the Filipino people and the
Republic of the Philippines.
SECTION 2. DEFINITION OF THE CRIME OF
PLUNDER
A crime committed by any public officer who, by
himself or in connivance with members of his
family, relatives by affinity or consanguinity,
business associates, subordinates or other
persons, amasses, accumulates or acquires ill-
gotten wealth through a combination or series of
overt or criminal acts as described in Section 1(d)
hereof, in the aggregate amount or total value of
at least P75,000,000.
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Penalty: Life imprisonment with perpetual
absolute disqualification from holding any public
office.
Any person who participated with said public
officer in the commission of plunder shall likewise
be punished.
In the imposition of penalties, the degree of
participation and the attendance of mitigating
and extenuating circumstances shall be
considered by the court.
SECTION 4. RULE OF EVIDENCE
For purposes of establishing the crime of plunder,
it shall not be necessary to prove each and every
criminal act done by the accused in furtherance
of the scheme or conspiracy to amass,
accumulate or acquire ill-gotten wealth, it being
sufficient to establish beyond reasonable doubt a
pattern of overt or criminal acts indicative of the
overall unlawful scheme or conspiracy.
Combination: refers to at least 2 acts falling
under different categories of enumeration in Sec.
1 (d) i.e. raids on the public treasury under
subpar. 1 and fraudulent conveyance of assets
belonging to the National Government under
subpar. 3. [Estrada v. Sandiganbayan (2001)]
Series: refers to at least 2 or more overt or
criminal acts falling under the same category of
enumeration in Sec. 1 (d) i.e. misappropriation,
malversation and raids on the public treasury
under subpar. 1 [Estrada v. Sandiganbayan (2001)]
Pattern: consists of at least a combination or
series of overt or criminal acts enumerated in
subsections (1) to (6) of Section 1(d). It is a general
plan of action or method which the principal
accused and the public officer and others
conniving with him follow to achieve the unlawful
scheme or conspiracy to achieve a common goal.
[Estrada v. Sandiganbayan (2001)]
Plunder is a crime malum in se, and the element
of mens rea must be proven in a prosecution for
plunder. [Estrada v. Sandiganbayan (2001)]
UP LAW BOC CRIMINAL LAW 2
CHAPTER III: FRAUDS AND
ILLEGAL EXACTIONS AND
TRANSACTIONS
Article 213 - Fraud against the Public
Treasury and Similar Offenses
MODE 1: ENTERING INTO AN AGREEMENT
WITH ANY INTERESTED PARTY OR
SPECULATOR OR MAKING USE OF ANY
OTHER SCHEME, TO DEFRAUD THE
GOVERNMENT, IN DEALING WITH ANY
PERSON WITH REGARD TO FURNISHING
SUPPLIES, THE MAKING OF CONTRACTS, OR
THE ADJUSTMENT OR SETTLEMENT OF
ACCOUNTS RELATING TO PUBLIC PROPERTY
OR FUNDS;
MODE 2: DEMANDING, DIRECTLY OR
INDIRECTLY, THE PAYMENT OF SUMS
DIFFERENT FROM OR LARGER THAN THOSE
AUTHORIZED BY LAW, IN COLLECTION OF
TAXES, LICENSES, FEES, AND OTHER
IMPOSTS;
MODE 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 IMPOSTS;
MODE 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 IMPOSTS.
Elements of Fraud against Public Treasury
(par.1):
(a) That the offender is a public officer
(b) That he should have taken advantage of his
public office, that is, he intervened in the
transaction in his official capacity
(c) That he entered into an agreement with any
interested party or speculator or made use of
any other scheme with regard to:
(1) Furnishing supplies
(2) The making of contracts
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(3) The adjustment or settlement of accounts
relating to public property or funds
(d) That the accused had intent to defraud the
Government.
Consummated by merely entering into
agreement with any interested party or
speculator or by merely making use of other
scheme to defraud the government.
It is not necessary that the Government is actually
defrauded by the reason of the transaction
Elements of Illegal Exactions (par.2.):
(a) That the offender is a public officer entrusted
with the collection of taxes, licenses, fees and
other imposts;
(b) He is guilty of the following acts or omissions:
(1) Demanding directly or indirectly, the
payment of sums different from or larger
than those authorized by law;
(2) Failing voluntarily to issue a receipt as
provided by law, for any sum of money
collected by him officially; or
(3) Collecting or receiving, directly or
indirectly, by way of payment or otherwise,
things or object of a nature different from
that provided by law
This can only be committed principally by a
public officer whose official duty is to collect
taxes, license fees, import duties and other dues
payable to the government.
Mere demand of a larger or different amount is
sufficient to consummate the crime. The
essence is the improper collection (damage to
government is not required).
The act of receiving payment due the government
without issuing a receipt will give rise to illegal
exaction even though a provisional receipt has
been issued. What the law requires is a receipt
in the form prescribed by law, which means
official receipt.
If sums are received without demanding the
same, a felony under this article is not
committed. However, if the sum is given as a
sort of gift or gratification, the crime is indirect
bribery.
When there is deceit in demanding a greater fee
than those prescribed by law, the crime
committed is estafa and not illegal exaction.
UP LAW BOC CRIMINAL LAW 2
Illegal exaction may be complexed with
malversation if illegal exaction was committed
as a necessary means to commit malversation.
Officers and employees of the BIR or Customs are
not covered by the article. The NIRC or the
Revised Administrative Code is the applicable
law.
Article 214 - Other Frauds
Elements:
(a) Offender is a public officer;
(b) He takes advantage of his official position;
(c) He commits any of the frauds or deceits
enumerated in Article 315 to 318 (estafa, other
forms of swindling, swindling a minor, other
deceits).
Additional penalty of temporary special
disqualification in its maximum period to
perpetual special disqualification, apart from
the penalties imposed in Arts 315-318.
Article 215 - Prohibited Transactions
Elements:
(a) Offender is an appointive public officer;
(b) He becomes interested, directly or indirectly,
in any transaction of exchange or speculation;
(c) The transaction takes place within the territory
subject to his jurisdiction;
(d) He becomes interested in the transaction
during his incumbency.
Examples of transactions of exchange or
speculation are: buying and selling stocks,
commodities, land etc wherein one hopes to
take advantage of an expected rise or fall in
price.
Purchasing of stocks or shares in a company is
simple investment and not a violation of the
article. However, regularly buying securities for
resale is speculation.
The offender may also be held liable under RA
3019 Sec 3(i).
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Article 216 - Possession of Prohibited
Interest by a Public Officer
Persons liable:
(1) Public officer who, directly or indirectly,
became interested in any contract or business
in which it was his official duty to intervene;
(2) Experts, arbitrators, and private accountants
who, in like manner, took part in any contract
or transaction connected with the estate or
property in the appraisal, distribution or
adjudication of which they had acted;
(3) Guardians and executors with respect to the
property belonging to their wards or the
estate.
Fraud is not necessary. Intervention must be by
virtue of the public office held.
The basis here is the possibility that fraud may be
committed or that the officer may place his own
interest above that of the government or party
he represents.
CHAPTER IV: MALVERSATION OF
PUBLIC FUNDS OR PROPERTY
Article 217 - Malversation of Public
Funds or Property - Presumption of
Malversation
MODE 1: APPROPRIATING PUBLIC FUNDS OR
PROPERTY;
MODE 2: TAKING OR MISAPPROPRIATING
THE SAME;
MODE 3: CONSENTING, OR THROUGH
ABANDONMENT OR NEGLIGENCE,
PERMITTING ANY OTHER PERSON TO TAKE
SUCH PUBLIC FUNDS OR PROPERTY; AND
MODE 4: BEING OTHERWISE GUILTY OF THE
MISAPPROPRIATION OR MALVERSATION OF
SUCH FUNDS OR PROPERTY.
Elements common to all modes:
(a) Offender is a public officer;
(b) He had the custody or control of funds or
property by reason of the duties of his office;
(c) Those funds or property were public funds or
property for which he was accountable;
UP LAW BOC CRIMINAL LAW 2
(d) He appropriated, took, misappropriated or
consented or, through abandonment or
negligence, permitted another person to take
them.
Appropriation: Every attempt to dispose of public
funds or property without a right to do so.
Malversation is also called embezzlement.
The public officer must have official custody or
the duty to collect or receive funds due the
government, or the obligation to account for
them, because this provision presupposes
abuse of office.
The nature of the duties of the public officer, not
the name of the office, is controlling. Thus, a
clerk who receives money or property belonging
to the government, in the course of his
employment, for which he is bound to account,
may be liable under Article 217.
If the public officer is not accountable for the
funds or property but someone else is, the crime
committed is theft or qualified theft if there is
an abuse of confidence.
It is not necessary that the offender profited for as
long as the accountable officer was remiss in his
duty of safekeeping public funds or property.
He is liable for malversation if such funds were
lost or otherwise misappropriated by another.
Negligence: the omission of reasonable care and
caution which an ordinary prudent person would
have used in the same situation. The measure of
negligence is the standard of care commensurate
with the occasion.
It can be committed either with malice or through
negligence or imprudence. This is one crime in
the Revised Penal Code where the penalty is the
same whether committed with dolo or through
culpa.
The funds or property must be received in an
official capacity. Otherwise, the crime
committed is estafa.
Returning the malversed funds is not exempting,
it is only mitigating.
A person whose negligence made possible the
commission of malversation by another can be
held liable as a principal by indispensable
cooperation.
Demand as well as damage to the government
are not necessary elements. Demand merely
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raises a prima facie presumption that missing
funds have been put to personal use. Damage
to the government is immaterial because the
penalty is based on the amount involved.
A private person may also commit malversation
under the following situations:
(1) Conspiracy with a public officer in committing
malversation;
(2) When he has become an 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
government, and he misappropriates the same
(Article 222);
(4) When he is constituted as the depositary or
administrator of funds or property seized or
attached by public authority even though said
funds or property belong to a private individual
(Article 222).
Technical malversation (Article 220) is not
included in the crime of malversation.
Presumption of misappropriation: When a
demand is made upon an accountable officer
and he cannot produce the fund or property
involved, there is a prima facie presumption
that he had converted the same to his own use.
There must be indubitable proof that thing
unaccounted for exists.
Audit should be made to determine if there was
shortage. Audit must be complete and
trustworthy. If there is doubt, presumption does
not arise.
The accused incurred shortage (P1.74) mainly
because the auditor disallowed certain cash
advances the accused granted to employees.
But on the same date that the audit was made,
the partly reimbursed the amount and paid it in
full three days later.
The Supreme Court considered the
circumstances as negative of criminal intent.
The cash advances were made in good faith and
out of good will to co-employees which was a
practice tolerated in the office. There was no
negligence, malice, nor intent to defraud. [Quizo
v. Sandiganbayan]
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

(c) He is required by law or regulation to render

Estafa with Abuse of
Malversation (Art. 217)
Confidence (Art. 315)
Funds or property Funds/property are
usually public always private
account to the Commission on Audit, or to a
provincial auditor;
(d) He fails to do so for a period of two months
after such accounts should be rendered.

Offender is usually a Offender is a private Demand for accounting is not necessary. It is also
public officer who is individual or even a not essential that there be misappropriation
accountable for the public officer who is not because if present, the crime would be
public funds/property accountable for public malversation.
funds/property
Crime is committed by Crime is committed by Article 219 - Failure of a Responsible
appropriating, taking, or misappropriating, Public Officer to Render Accounts
misappropriating/conse converting, or denying Before Leaving the Country
nting or through having received money,
abandonment or goods or other personal Elements:
negligence, permitting property (a) Offender is a public officer;
any other person to take (b) He is an accountable officer for public funds or
the public property;
funds/property (c) He unlawfully leaves or attempts to leave the
No element of damage. There is damage. Philippine Islands without securing a
Demand not necessary. There is a need for prior certificate from the Commission on Audit
demand. showing that his accounts have been finally
settled.
A routine government audit was conducted in The act of leaving the country must be
Wa-Acons office and it was discovered that the unauthorized or not permitted by law.
sacks of rice entrusted to him for safekeeping The purpose of the law is to discourage
were missing. responsible or accountable officers from leaving
Art 217 no longer requires proof by the State without first liquidating their accountability. It is
that the accused actually appropriated, took, or not necessary that they really misappropriated
misappropriated public funds or property; public funds.
instead, a presumption, though disputable and
rebuttable, was installed upon demand by any
duly authorized officer, the failure of a public Article 220 - Illegal Use of Public Funds
officer to have duly forthcoming any public or Property
funds or property which said officer is
accountable for should be prima facie evidence Elements:
that he had put such missing funds or (a) Offender is a public officer;
properties to personal use. [People v. Wa-Acon (b) There are public funds or property under his
(2006)] administration;
(c) Such fund or property were appropriated by
Article 218 - Failure of Accountable law or ordinance;
(d) He applies such public fund or property to any
Officer to Render Accounts public use other than for which it was
appropriated for.
Elements:
(a) Offender is public officer, whether in the Illegal use of public funds or property is also
service or separated therefrom by resignation known as technical malversation. The term
or any other cause; technical malversation is used because in this
(b) He is an accountable officer for public funds or crime, the fund or property involved is already
property; appropriated or earmarked for a certain public

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purpose. Despite the public purpose, the act is deposited by public authority, even if owned
punished because it remains a violation of the by a private individual.
appropriations law.
Regardless of damage or embarrassment to the Sheriffs and receivers fall under the term
public service. administrator. A judicial administrator in
charge of settling the estate of the deceased is
Technical malversation not covered by the article. Conversion of effects
Malversation (Art. 217) in his trust makes him liable for estafa.
(Art. 220)
Private property is included, provided it is (1)
The offender The public officer
attached, (2) seized or (3) deposited by public
misappropriates public applies the public funds
authority.
funds or property for his or property under his
own personal use, or administration to
allows any other person another public use CHAPTER V: INFIDELITY OF
to take such funds or different from that for PUBLIC OFFICERS
property for the latters which the public fund
own personal use. was appropriated by
law or ordinance.
Article 223 - Conniving With or
Consenting to Evasion
Article 221 - Failure to Make Delivery of Elements:
Public Funds or Property (a) Offender is a public officer;
(b) He had in his custody or charge a prisoner,
MODE 1: FAILING TO MAKE PAYMENT BY A either detention prisoner or prisoner by final
PUBLIC OFFICER WHO IS UNDER judgment;
OBLIGATION TO MAKE SUCH PAYMENT (c) Such prisoner escaped from his custody;
FROM GOVERNMENT FUNDS IN HIS (d) He was in connivance with the prisoner in the
POSSESSION; latters escape. (shall consent to the escape)
MODE 2: REFUSING TO MAKE DELIVERY BY A Classes of prisoners involved
PUBLIC OFFICER WHO HAS BEEN ORDERED (1) Those who have been sentenced by final
BY COMPETENT AUTHORITY TO DELIVER judgment to any penalty;
ANY PROPERTY IN HIS CUSTODY OR UNDER (2) Detention prisoners who are temporarily held
HIS ADMINISTRATION. in legal custody, arrested for and charged with
violation of some law or municipal ordinance.
Elements:
(a) Public officer has government funds in his Leniency, laxity, and release of a detention
possession; prisoner who could not be delivered to judicial
(b) He is under obligation to either: authorities within the time fixed by law is not
(1) make payment from such funds; infidelity in the custody of a prisoner.
(2) to deliver any property in his custody or But there is real actual evasion of service of a
under his administration sentence when the custodian permits the
(c) He maliciously fails to make the payment or prisoner to obtain a relaxation in his
refuses to make delivery. imprisonment and to escape the punishment of
being deprived of his liberty, thus making the
Article 222 - Officers Included in the penalty ineffectual, although the convict may
Preceding Provisions not have fled. This includes allowing prisoners
to sleep and eat in the officers house or utilizes
(1) Private individual who, in any capacity, have the prisoners services for domestic chores.
charge of any national, provincial or municipal
funds, revenue, or property
(2) Administrator or depositary of funds or
property that has been attached, seized or

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Article 224 - Evasion through
Negligence
Elements:
(a) Offender is a public officer;
(b) He is charged with the conveyance or custody
of a detention prisoner or prisoner by final
judgment;
(c) Such prisoner escapes through negligence.
This covers only positive carelessness and definite
laxity which amounts to deliberate non-
performance of duties.
The fact that the public officer recaptured the
prisoner who had escaped from his custody
does not afford complete exculpation.
The liability of an escaping prisoner:
(1) If he is a prisoner by final judgment, he is liable
for evasion of service (Art. 157)
(2) If he is a detention prisoner, he does not incur
criminal liability (unless cooperating with the
offender).
Policeman Rodillas escorted detained prisoner
Sacris to the court. After the court adjourned he
let her eat lunch with her family, permitted her
to go to the ladies washroom unescorted and
after her escape, did not report it immediately
to his superiors, instead he went around looking
for her.
SC held that he is guilty of the crime in Art 224
for being negligent in the performance of his
duties which made the escape of Sacris
possible. [People v. Rodillas (1988)]
Article 225 - Escape of Prisoner under
the Custody of a Person Not a Public
Officer
Elements:
(a) Offender is a private person;
(b) The conveyance or custody of a prisoner or
person under arrest is confided to him;
(c) The prisoner or person under arrest escapes;
(d) Offender consents to the escape, or that the
escape takes place through his negligence.
If the offender who aided or consented to the
prisoners escaping from confinement, whether
the prisoner is a convict or a detention prisoner,
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CRIMINAL LAW
is not the custodian, the crime is delivering
prisoners from jail under Article 156.
The party who is not the custodian but who
conspired with the custodian in allowing the
prisoner to escape does not commit infidelity in
the custody of the prisoner.
Art. 225 is not applicable if a private person was
the one who made the arrest and he consented
to the escape of the person he arrested.
Article 226 - Removal, Concealment, or
Destruction of Documents
Elements:
(a) Offender is a public officer;
(b) He abstracts, destroys or conceals a document
or papers;
(c) Said document or papers should have been
entrusted to such public officer by reason of
his office;
(d) Damage, whether serious or not, to a third
party or to the public interest has been
caused.
Can only be committed by the public officer who
is made the custodian of the document in his
official capacity. If the offender is a private
individual, estafa is committed; if there is no
damage, malicious mischief.
If the officer was placed in possession of the
document but it is not his duty to be the
custodian thereof, this crime is not committed.
The document must be complete and one by
which a right could be established or an
obligation could be extinguished.
If the writings are mere forms, there is no crime.
Damage to public interest is necessary. However,
material damage is not necessary.
Removal is consummated upon taking or
secreting away of the document from its usual
place. It is immaterial whether or not the illicit
purpose of the offender has been accomplished.
This could cover failure on the part of the post
office to forward the letters to their destination.
Damage in this article may consist in mere alarm
to the public or in the alienation of its
confidence in any branch of the government
service.
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

Article 227 - Officer Breaking Seal Article 229 - Revelation of Secrets by

an Officer
Elements:
(a) Offender is a public officer; MODE 1: REVEALING ANY SECRETS KNOWN
(b) He is charged with the custody of papers or TO THE OFFENDING PUBLIC OFFICER BY
property; REASON OF HIS OFFICIAL CAPACITY;
(c) These papers or property are sealed by proper
authority; Elements:
(d) He breaks the seal or permits them to be (a) Offender is a public officer;
broken. (b) He knows of a secret by reason of his official
capacity;
In "breaking of seal", the word "breaking" should (c) He reveals such secret without authority or
not be given a literal meaning. The custodian is justifiable reasons;
liable even if the seal was not actually broken (d) Damage, great or small, is caused to the
because the custodian managed to open the public interest.
parcel without breaking the seal.
The element of damage is not required. MODE 2: WRONGFULLY DELIVERING PAPERS
OR COPIES OF PAPERS OF WHICH HE MAY
Revelation Of Secrets By Removal, Concealment HAVE CHARGE AND WHICH SHOULD NOT BE
An Officer (Art. 229) or Destruction of PUBLISHED.
Documents (Art. 226)
Elements:
The papers contain The papers do not (a) Offender is a public officer;
secrets and therefore contain secrets but their (b) He has charge of papers;
should not be removal is for an illicit (c) Those papers should not be published;
published, and the purpose.
(d) He delivers those papers or copies thereof to a
public officer having
third person;
charge thereof removes (e)The delivery is wrongful;
and delivers them (f) Damage is caused to public interest.
wrongfully to a third
person. Espionage is not contemplated in this article
since revelation of secrets of the State to a
Article 228 - Opening of Closed belligerent nation is already defined in Art 117
Documents and CA 616.
Secrets must affect public interest. Secrets of
Elements: private persons are not included.
(a) Offender is a public officer;
(b) Any closed papers, documents, or objects are Charge: means custody or control. If he is
entrusted to his custody; merely entrusted with the papers and not with
(c) He opens or permits to be opened said closed the custody thereof, he is not liable under this
papers, documents or objects; article.
(d) He does not have proper authority.
If the papers contain secrets which should not be
The act should not fall under Art 227. Damage is published, and the public officer having charge
also not necessary. thereof removes and delivers them wrongfully
to a third person, the crime is revelation of
secrets.
On the other hand, if the papers do not contain
secrets, their removal for an illicit purpose is
infidelity in the custody of documents.
Damage is essential to the act committed.

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Article 230 - Public Officers Revealing
Secrets of Private Individuals
Elements:
(a) Offender is a public officer;
(b) He knows of the secrets of a private individual
by reason of his office;
(c) He reveals such secrets without authority or
justifiable reason.
Revelation to one person is sufficient.
When the offender is a public attorney or a
solicitor, the act of revealing the secret should
not be covered by Art 209 (Betrayal of Trust).
Damage to private individual is not necessary.
The reason for this provision is to uphold faith
and trust in public service.
CHAPTER VI: OTHER OFFENSES
OR IRREGULARITIES BY PUBLIC
OFFICERS
Article 231 - Open Disobedience
Elements:
(a) Officer is a judicial or executive officer;
(b) There is a judgment, decision or order of a
superior authority;
(c) Such judgment, decision or order was made
within the scope of the jurisdiction of the
superior authority and issued with all the legal
formalities;
(d) He, without any legal justification, openly
refuses to execute the said judgment, decision
or order, which he is duty bound to obey.
Article 232 - Disobedience to the Order
of Superior Officer When Said Order
Was Suspended by Inferior Officer
Elements:
(a) Offender is a public officer;
(b) An order is issued by his superior for
execution;
(c) He has for any reason suspended the
execution of such order;
(d) His superior disapproves the suspension of the
execution of the order;
(e) Offender disobeys his superior despite the
disapproval of the suspension.
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CRIMINAL LAW
This does not apply if the order of the superior is
illegal.
Article 233 - Refusal of Assistance
Elements:
(a) Offender is a public officer;
(b) A competent authority demands from the
offender that he lend his cooperation towards the
administration of justice or other public service;
(c) Offender maliciously fails to do so.
The request must come from one public officer to
another. If he receives consideration therefore,
bribery is committed.
But mere demand will fall under the prohibition
under the provision of Republic Act No. 3019
[Anti-Graft and Corrupt Practices Act].
Applies whether or not serious damage to the
public interest was committed.
If the offender is a private individual, he may be
held liable for contempt.
Article 234 - Refusal to Discharge
Elective Office
Elements:
(a) Offender is elected by popular election to a
public office;
(b) He refuses to be sworn in or to discharge the
duties of said office;
(c) There is no legal motive for such refusal to be
sworn in or to discharge the duties of said office.
Once an individual is elected to an office by the
will of the people, discharge of duties becomes
a matter of duty, not only a right. This only
applies for elective, not appointive officers.
Article 235 - Maltreatment of Prisoners
Elements:
(a) Offender is a public officer or employee;
(b) He has under his charge a prisoner or
detention prisoner;
(c) He maltreats such prisoner in either of the
following manners:
(1) By overdoing himself in the correction or
handling of a prisoner or detention prisoner
under his charge either
UP LAW BOC CRIMINAL LAW 2
(i) By the imposition of punishment not
authorized by the regulations;
(ii) By inflicting such punishments (those
authorized) in a cruel and humiliating
manner;
(2) By maltreating such prisoners to extort a
confession or to obtain some information from
the prisoner.
This is committed only by such public officer
charged with direct custody of the prisoner.
Offender may also be held liable for physical
injuries or damage caused.
If the public officer is not the custodian of the
prisoner, and he manhandles the latter, the
crime is physical injuries.
The offended party can either be a convict by final
judgment or a detention prisoner. To be
considered a detention prisoner, the person
arrested must be placed in jail even for just a
short while.
The maltreatment does not really require
physical injuries. Any kind of punishment not
authorized or although authorized if executed in
excess of the prescribed degree is covered.
If the maltreatment was done in order to extort
confession, the penalty is qualified to the next
higher degree.
If the acts of maltreatment constitute torture,
there is a separate criminal liability from the
crime under the RPC. Torturous acts are not
absorbed in, nor do they absorb other crimes.
[Section 15, RA 9745]
RA 9372: Human Security Act
FAILURE TO DELIVER SUSPECT TO THE
PROPER JUDICIAL AUTHORITY WITHIN
THREE DAYS [SECTION 20]:
(a) The offender is a police or law enforcement
personnel who has apprehended or arrested,
detained and taken custody of a person;
(b) The person detained is charged with or
suspected of the crime of terrorism or
conspiracy to commit terrorism;
(c) The offender fails to deliver such charged or
suspected person to the proper judicial
authority within the period of 3 days.
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CRIMINAL LAW
EXCEPTION [SECTION 19]:
In the event of an actual or imminent terrorist
attack, suspects may be detained for more than 3
days upon the written approval of:
(1) Municipal, city, provincial or regional official of
the Human Rights Commission;
(2) Judge of the MTC, RTC, or Sandiganbayan; or
(3) Justice of the CA nearest the place of arrest.
The written approval must be procured within 5
days after the date of detention.
Provided that within 3 days after detention,
suspects whose connection with the terror attack
or threat is not established, shall be released
immediately.
If the arrest is made during Saturdays, Sundays,
holidays or after office hours, the arresting police
or law enforcement personnel shall bring the
person thus arrested to the residence of any of
the officials mentioned above that is nearest the
place where the accused was arrested
INFIDELITY IN THE CUSTODY OF DETAINED
PERSONS [SECTION 44]:
(1) The offender is any public officer who has
direct custody of a detained person liable
under the provisions of this Act;
(2) The offender causes or allows the escape of
such detained person by his deliberate act,
misconduct, or inexcusable negligence;
The offender shall suffer the penalty of:
(a) 12 years and 1 day to 20 years of
imprisonment, if the detained person has
already been convicted and sentenced in a
final judgment of a competent court;
(b) 6 years and 1 day to 12 years of imprisonment,
if the detained person has not been convicted
and sentenced in a final judgment of a
competent court.
The public officer is punished under the Human
Security Act and not under infidelity in the
custody of prisoners in the RPC (Articles 223-
224), if the detained person is charged with or
suspected of the crime of terrorism or
conspiracy to commit terrorism.
FALSE PROSECUTION [SECTION 50]:
Upon acquittal, any person who is accused of
terrorism shall be entitled to the payment of
damages in the amount of P500,000 for every
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

day that he/she has been detained or deprived Article 238 - Abandonment of Office or
of liberty or arrested without a warrant as a Position
result of such an accusation.
The amount of damages shall be automatically
charged against the appropriations of the police Elements:
(a) Offender is a public officer;
agency or the Anti-Terrorism Council that
(b) He formally resigns from his position;
brought or sanctioned the filing of the charges
(c) His resignation has not yet been accepted;
against the accused. It shall also be released
(d) He abandons his office to the detriment of the
within 15 days from the date of the acquittal of
public service.
the accused.
The award of damages mentioned above shall be
For the resignation to be formal, it has to be in
without prejudice to the right of the acquitted
accused to file criminal or administrative written form.
The offense is qualified when the purpose of the
charges against those responsible for charging
abandonment is to evade the discharge of
him with the case of terrorism.
duties of preventing, prosecuting, or punishing
Any officer, employee, personnel, or person who
any of the crimes falling within Title One and
delays the release or refuses to release the
Chapter One of Title Three of book two of the
amounts awarded to the individual acquitted of
RPC.
the crime of terrorism as directed in the
paragraph immediately preceding shall suffer
the penalty of 6 months of imprisonment. Abandonment of Office
Dereliction of Duty
or Position
(Art. 208)
(Art. 238)
Article 236 - Anticipation of Duties of a Committed by any Committed only by
Public Officer public officer public officers who have
the duty to institute
Elements: prosecution for the
(a) Offender is entitled to hold a public office or punishment of
employment, either by election or violations of the law
appointment; There is actual Public officer does not
(b) The law requires that he should first be sworn abandonment through abandon his office but
in and/or should first give a bond; resignation to evade the merely fails to prosecute
(c) He assumes the performance of the duties and discharge of duties a violation of the law.
powers of such office;
(d) He has not taken his oath of office and/or
given the bond required by law.
Article 239 - Usurpation of Legislative
Powers
Article 237 - Prolonging Performance of Elements:
Duties and Powers (a) Offender is an executive or judicial officer;
(b) That he:
Elements: (1) makes general rules or regulations beyond
(a) Offender is holding a public office; the scope of his authority; or
(b) The period provided by law, regulations or (2) attempts to repeal a law; or
special provision for holding such office, has (3) suspends the execution thereof.
already expired;
(c) He continues to exercise the duties and Arts 239-241 punish interference by public
powers of such office. officers of the executive or judiciary with the
functions of another department of government
The offenders here can be those suspended, to keep them within legitimate confines of their
separated, declared over-aged, or dismissed. respective jurisdictions.

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Legislative officers are not liable for usurpation of
powers. The remedy is to file a petition for
prohibition or injunction.
Article 240 - Usurpation of Executive
Functions
Elements:
(a) Offender is a judge;
(b) That he:
(1) assumes a power pertaining to the
executive authorities, or
(2) obstructs the executive authorities in the
lawful exercise of their powers.
Article 241 - Usurpation of Judicial
Functions
Elements:
(a) Offender is an officer of the executive branch
of the government;
(b) That he:
(1) assumes judicial powers, or
(2) obstructs the execution of any order or
decision rendered by any judge within his
jurisdiction.
Article 242 - Disobeying Request for
Disqualification
Elements:
(a) Offender is a public officer;
(b) A proceeding is pending before such public
officer;
(c) There is a question brought before the proper
authority regarding his jurisdiction, which is not
yet decided;
(d) He has been lawfully required to refrain from
continuing the proceeding;
(e) He continues the proceeding.
The disobedient officer is liable even if the
jurisdictional question is resolved in his favor.
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CRIMINAL LAW
Article 243 - Orders or Request by
Executive Officer to Any Judicial
Authority
Elements:
(a) Offender is an executive officer;
(b) He addresses any order or suggestion to any
judicial authority;
(c) The order or suggestion relates to any case or
business coming within the exclusive
jurisdiction of the courts of justice.
The purpose is to maintain the independence of
the judiciary from executive dictations.
Article 244 - Unlawful Appointments
Elements:
(a) Offender is a public officer;
(b) He nominates or appoints a person to a public
office;
(c) Such person lacks the legal qualifications
therefore;
(d) Offender knows that his nominee or appointee
lacks the qualification at the time he made the
nomination or appointment.
This can also be covered by RA 3019.
Recommending, knowing that the person
recommended is not qualified is not a crime.
There must be a law providing for the
qualifications of a person to be nominated or
appointed to a public office.
Article 245 - Abuses against Chastity
MODE 1: 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;
MODE 2: SOLICITING OR MAKING IMMORAL
OR INDECENT ADVANCES TO A WOMAN
UNDER THE OFFENDERS CUSTODY;
UP LAW BOC CRIMINAL LAW 2
MODE 3: SOLICITING OR MAKING IMMORAL
OR 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.
Elements:
(a) Offender is a public officer;
(b) He solicits or makes immoral or indecent
advances to a woman;
(c) Such woman is
(1) interested in matters pending before the
offender for decision, or with respect to
which he is required to submit a report to
or consult with a superior officer; or
(2) under the custody of the offender who is a
warden or other public officer directly
charged with the care and custody of
prisoners or persons under arrest; or
(3) the wife, daughter, sister or relative within
the same degree by affinity of the person in
the custody of the offender.
The crime is consummated by mere proposal.
The mother of the person in the custody of the
public officer is not included.
If the offender were not the custodian, then crime
would fall under Republic Act No. 3019.
Solicit: means to propose earnestly and
persistently something unchaste and immoral to
a woman. The advances must be immoral or
indecent.
Proof of solicitation is not necessary when there is
sexual intercourse.
Abuse against chastity is not absorbed in rape
because the basis of penalizing the acts is
different from each other
Title VIII. Crimes against
Persons
Chapter I: Destruction of Life
(1) Article 246 Parricide
(2) Article 247 - Death or Physical Injuries Under
Exceptional Circumstances
(3) Article 248 Murder
(4) Article 249 Homicide
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CRIMINAL LAW
(5) Article 250 - Penalty for Frustrated Parricide,
Murder or Homicide
(6) Article 251 - Death Caused in Tumultuous
Affray
(7) Article 252 - Physical Injuries Caused in
Tumultuous Affray
(8) Article 253 - Giving Assistance to Suicide
(9) Article 254 - Discharge of Firearms
(10) Article 255 Infanticide
(11) Article 256 - Intentional Abortion
(12) Article 257 - Unintentional Abortion
(13) Article 258 - Abortion Practiced by the
Woman Herself or by Parents
(14) Article 259 - Abortion by a Physician or
Midwife and Dispensing of Abortives
(15) Article 260 - Responsibility of Participants in
a Duel
(16) Article 261 - Challenging to a Duel
Chapter II: Physical Injuries
(1) Article 262 Mutilation
(2) Article 263 - Serious Physical Injuries
(3) Article 264 - Administering Injurious
Substances or Beverages
(4) Article 265 - Less Serious Physical Injuries
(5) Article 266 - Slight Physical Injuries and
Maltreatment
(6) Article 266-A - Rape (amended by RA 8353)
About this Title: The essence of crimes involves
the taking of human life, destruction of the fetus,
or inflicting injuries.
CHAPTER I: DESTRUCTION OF
LIFE
Article 246 - Parricide
Elements:
(a) Person is killed;
(b) Deceased is killed by the accused;
(c) Deceased is the
(1) legitimate/illegitimate father
(2) legitimate/illegitimate mother
(3) legitimate/illegitimate child
* should not be less than 3 days old, otherwise
crime is infanticide
(4) other legitimate ascendant
(5) other legitimate descendant
(6) legitimate spouse
UP LAW BOC CRIMINAL LAW 2
Essential element: relationship of offender with
the victim; except for spouses, only relatives by
blood and in direct line. Hence, adopted
children are not included. [Reyes]
Supreme Court ruled that Muslim husbands with
several wives can be convicted of parricide only
in case the first wife is killed.
Parricide when the penalty shall not be reclusion
perpetua to death:
(1) Reckless or simple imprudence [Art. 365]
(2) Parricide by mistake [Art. 49]
(3) Parricide under exceptional circumstances
[Art. 247]
A stranger who cooperates and takes part in the
commission of the crime of parricide is not
guilty of parricide but only homicide or murder,
as the case may be. [People v. Patricio; People v.
Echaluce]
The key element in parricide is the relationship of
the offender with the victim. Ergo, the fact of
the relationship should be alleged in the
information. [People v. Dalag]
Since the accuseds relationship to the victim is
not alleged in the information, she can be
convicted of murder only. Relationship can be
appreciated as a generic aggravating
circumstance only. [People v. Jumawan]
The law does not require knowledge of
relationship between offender and victim.
[Reyes]
Article 247 - Death or Physical Injuries
Under Exceptional Circumstances
Elements:
(a) A legally married person, or a parent,
surprises his spouse or his daughter, the latter
under 18 years of age and living with him in the
act of sexual intercourse with another person;
(b) 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;
(c) He has not promoted or facilitated the
prostitution of his wife or daughter, or that she
has not consented to the infidelity of the other
spouse.
Parents need not be legitimate.
Living with parent(s) is understood to be in their
own dwelling. If done in a motel, article does not
apply.
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Surprise means to come upon suddenly and
unexpectedly.
Immediately thereafter: there is no set time as
jurisprudence has held 1 hour or even 4 hours as
immediately thereafter. However, the act done
must be a direct result of the outrage of the
cuckolded spouse, and a continuous act from the
moment of the surprising.
Article does not apply: If the surprising took place
before any actual sexual intercourse could be
done.
Destierro for killer spouse is not so much a
penalty as it is meant to protect him from acts
of reprisal by relatives of dead spouse. This is
because law regards the act done in Art. 247 as
a lawful action.
If less serious or slight physical injuries are
inflicted, there is no criminal liability. If the
victim is killed or seriously injured, the penalty is
destierro.
Does this article apply even if the daughter is
married? Although the article does not use the
word unmarried, this article applies only when
the daughter is single because while under 18
and single, she is still under parental authority.
If she is married, her husband alone can claim
the benefits of this article.
Evidence of the victims promiscuity is
inconsequential to the killing. The offender
must prove that he actually surprised his wife
and [her paramour] in flagrante delicto, and
that he killed the man during or immediately
thereafter. [People v. Puedan]
Inflicting death under exceptional circumstances
is not murder.
Two other persons suffered physical injuries as
they were caught in the crossfire when the
accused shot the victim. A complex crime of
double frustrated murder was not committed as
the accused did not have the intent to kill the
two victims. Here, the accused did not commit
murder when he fired at the paramour of his
wife. No aberratio ictus because he was acting
lawfully. [People v. Abarca]
If the accused did not surprise the supposed
offenders in the very act of committing adultery
but thereafter, he cannot invoke the privilege of
Art. 247. [People v. Gonzales (1939)]
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Justice Laurels Dissent: Must the offended
husband look on in the meantime and wait until
the very physical act of coition take place? This
interpretation is far from being rational and
certainly does violence to the reason and
purpose of the law.
Article 248 - Murder
Elements:
(a) Person was killed;
(b) Accused killed him;
(c) Killing attended by any of the following
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 a price, reward or
promise;
(3) by means of inundation, fire, poison,
explosion, shipwreck, stranding of a vessel,
derailment or assault upon a railroad, fall
of an airship, by means of motor vehicles,
or with the use of any other means
involving great waste and ruin;
(4) on occasion of any of the calamities
enumerated in the preceding paragraph, or
of an earthquake, eruption of a volcano,
destructive cyclone, epidemic, or any other
public calamity;
(5) with evident premeditation;
(6) with cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at his person or
corpse.
(d) The killing is not parricide or infanticide.
Murder: The unlawful killing of any person which
is not parricide or infanticide with any of the
circumstance mentioned in Art. 248.
One attendant qualifying circumstance is
enough. If there are more than one alleged in
the information for murder, only one will qualify
the killing to murder and the other
circumstances will be taken as generic
aggravating circumstance.
Any of the qualifying circumstances enumerated
in Art. 248 must be alleged in the information.
When the other circumstances are absorbed or
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included in one qualifying circumstance, they
cannot be considered as generic aggravating.
Treachery absorbs the aggravating circumstance
of abuse of superior strength and aid of armed
men. [People v. Sespee (1957)]
When the victim is already dead, intent to kill
becomes irrelevant. It is important only if the
victim did not die to determine if the felony is
physical injury or attempted or frustrated
homicide.
TREACHERY
The essence of treachery is that the offended
party was denied the chance to defend himself
because of the means, methods, or forms of
attack deliberately adopted by the offender
were not merely incidental to the killing.
Killing of a person with treachery is murder even
if there was no intent to kill. [People v. Cagoco
(1933)]
Killing of a child of tender age is murder qualified
by treachery. [People v. Valerio (1988)]
Employing means or persons to insure or afford
impunity: means are employed by the accused to
prevent his being recognized or to secure himself
against detection and punishment
PRICE, REWARD, OR PROMISE
The person who received the price or reward or
who accepted a promise of price or rewards and
would not have killed the victim were it not for
that price, reward, or promise is a principal by
direct participation.
The person who gave the price or reward or who
made the promise is a principal by induction.
FIRE
When a person is killed by fire, the primordial
criminal intent of the offender is considered.
If the primordial criminal intent of the offender is
to kill and fire was only used as a means to do
so, the crime is only murder.
If the primordial criminal intent of the offender is
to destroy property with the use of pyrotechnics
and incidentally, somebody within the premises
is killed, the crime is arson with homicide, a
single indivisible crime penalized under Article
326, which is death as a consequence of arson.
There was no animosity between the two accused
and the victim such that it cannot be said that
UP LAW BOC CRIMINAL LAW 2
they resorted to fire to kill him. It was merely a
part of their fun making but because their acts
were felonious, they are criminally liable. Intent
to kill must be present for the use of fire to be
appreciated as a qualifying circumstance.
Intending to make fun of a mentally-disabled
person, Pugay poured gasoline on the latter
while Samson set him on fire. The victim died.
[People v. Pugay and Samson]
POISON
Treachery and evident premeditation are inherent
in murder by poison only if the offender has the
intent to kill the victim by use of poison.
EVIDENT PREMEDITATION
Act of the offender manifestly indicating that he
clung to his determination to kill his victim.
Evident premeditation is absorbed in price,
reward or promise, if without the premeditation
the inductor would not have induced the other
to commit the act but not as regards the one
induced.
Pariseo Tayag was shot dead by several
policemen in the course of their pursuit to get
his fan knife.
Although it has not been shown which of the
policemen fired the fatal shot each should be
held guilty of murder since they are in
conspiracy to effect the death of the victim.
[People v. Buensuceso (1984)]
The prosecution must prove (1) the time when the
offender determined (conceived) to kill his
victim; (2) an act of the offender manifestly
indicating that he clung to his determination to
kill his victim; and (3) a sufficient lapse of time
between the determination and the execution of
the killing.
CRUELTY
Under Article 14, the generic aggravating
circumstance of cruelty requires that the victim
be alive, when the cruel wounds were inflicted
and, therefore, there must be evidence to that
effect.
Injuries or wounds, not necessary for the killing of
the victim, must be inflicted deliberately by the
offender.
Yet, in murder, aside from cruelty, any act that
would amount to scoffing or decrying the
corpse of the victim will qualify the killing to
murder.
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Outraging: to commit an extremely vicious or
deeply insulting act
Scoffing: to jeer; implies a showing of irreverence
Article 249 - Homicide
Elements:
(a) Person was killed;
(b) Offender killed him without any justifying
circumstances;
(c) Offender had the intention to kill, which is
presumed;
(d) Killing was not attended by any of the
qualifying circumstances of murder, or by that
of parricide or infanticide
Use of unlicensed firearm is an aggravating
circumstance in homicide.
Intent to kill is conclusively presumed when death
resulted. Evidence of intent to kill is important
only in attempted or frustrated homicide.
In attempted or frustrated homicide, there is
intent to kill. In physical injuries, there is none.
However, if as a result of the physical injuries
inflicted, the victim died, the crime will be
homicide because the law presumes intent to
kill and punishes the result, and not the intent
of the act. The accused will, however, be
entitled to the mitigating circumstance of lack
of intent to commit so grave a wrong.
Physical injuries sufficient to cause death are one
of the essential elements of frustrated
homicide.
In accidental homicide wherein death of a person
is brought about by a lawful act performed with
proper care and skill and without homicidal
intent, there is no liability.
There is no offense of frustrated homicide
through imprudence.
The element of intent to kill in frustrated
homicide is incompatible with negligence or
imprudence. [People v. Castillo (1999)]
Corpus delicti: means the actual commission of
the crime charged
In all crimes against persons in which the death
of the victim is an element of the offense, there
must be satisfactory evidence of (1) the fact of
death and (2) the identity of the victim
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Article 250 - Penalty for Frustrated
Parricide, Murder or Homicide
Courts may impose a penalty:
(1) 2 degrees lower for frustrated parricide,
murder, or homicide
(2) 3 degrees lower for attempted parricide,
murder, or homicide.
For frustrated parricide, homicide or murder, the
courts, in view of the facts of the case, may
impose a penalty lower by one degree than that
imposed under Art. 50.
Art. 50 provides that the penalty next lower in
degree than that prescribed by law for the
consummated felony shall be imposed upon a
principal in a frustrated felony. Thus, under Art.
50, the court can impose a penalty of TWO
DEGREES LOWER for frustrated parricide,
murder, or homicide.
For attempted parricide, homicide, or murder, the
courts, in view of the facts of the case may
impose a penalty by one degree than that
imposed under Art. 51.
Art. 51 provides that the penalty lower by two
degrees than that prescribed by law for the
consummated felony shall be imposed upon
the principal in an attempted felony. Thus,
under Art. 250, the court can impose a penalty
of THREE DEGREES LOWER for attempted
parricide, murder, or homicide.
NOTE: Any attempt on, or conspiracy against, the
life of the Chief Executive of the Philippines or
that of any member of his family, or against the
life of any member of his cabinet or that of any
member of the latters family, shall suffer the
penalty of death.
Article 251 - Death Caused in
Tumultuous Affray
Elements:
(a) There are several persons;
(b) They do not compose groups organized for
the common purpose of assaulting and
attacking each other reciprocally;
(c) These several persons quarreled and
assaulted one another in a confused and
tumultuous manner;
(d) Someone was killed in the course of the affray;
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(e) It cannot be ascertained who actually killed
the deceased;
(f) The person or persons who inflicted serious
physical injuries or who used violence can be
identified.
Tumultuous affray is a commotion in a confused
manner to an extent that it would not be
possible to identify who the killer is if death
results, or who inflicted the serious physical
injury, but the person or persons who used
violence are known.
Who are liable?
(a) The person or persons who inflicted the
serious physical injuries
(b) If it is not known who inflicted the serious
physical injuries on the deceased, all persons
who used violence upon the person of the
victim are liable.
If there is conspiracy, this crime is not committed.
The crime would be murder or homicide.
The crimes committed might be disturbance of
public order, or if participants are armed, it
could be tumultuous disturbance, or if property
was destroyed, it could be malicious mischief.
The groups must not be organized to mutually
assault or fight each other, otherwise the
hostilities would not be considered as a
tumultuous affray. [People v. Abiog (1920)]
Article 252 - Physical Injuries Caused in
Tumultuous Affray
Elements:
(a) There is a tumultuous affray;
(b) A participant or some participants thereof
suffered serious physical injuries or physical
injuries of a less serious nature only;
(c) The person responsible thereof cannot be
identified;
(d) All those who appear to have used violence
upon the person of the offended party are
known.
Unlike in Article 251, the injured party in this
article must be one or some of the participants
in the affray.
All those who appear to have used violence shall
suffer the penalty next lower in degree than
that provided for the serious physical injuries
UP LAW BOC CRIMINAL LAW 2
inflicted. For less serious physical injuries, the
penalty is arresto mayor from five to fifteen
days.
Physical injury should be serious or less serious.
No crime of physical injuries resulting from a
tumultuous affray if the physical injury is only
slight.
Slight physical injury is considered as inherent in
a tumultuous affray.
Article 253 - Giving Assistance to
Suicide
MODE 1: ASSISTING ANOTHER TO COMMIT
SUICIDE, WHETHER THE SUICIDE IS
CONSUMMATED OR NOT;
MODE 2: LENDING HIS ASSISTANCE TO
ANOTHER TO COMMIT SUICIDE TO THE
EXTENT OF DOING THE KILLING HIMSELF.
Giving assistance to suicide means giving means
(arms, poison, etc.) or whatever manner of
positive and direct cooperation (intellectual aid,
suggestions regarding the mode of committing
suicide, etc.).
If the person does the killing himself, the penalty
is similar to that of homicide, which is reclusion
temporal.
The relation of the offender to the person
committing suicide is not material. The law
does not distinguish. Hence, penalty would be
the same if the offender is the father, mother or
child.
There can be no qualifying circumstance because
the determination to die must come from the
victim.
The person attempting suicide is not liable.
Reason: He should be pitied, not punished.
Euthanasia: the practice of painlessly putting to
death a person suffering from some incurable
disease
This does not contemplate euthanasia or mercy
killing where the crime is murder. (if without
consent; with consent, covered by Article 253).
Euthanasia is not lending assistance to suicide.
In euthanasia, the victim is not in a position to
commit suicide.
A doctor who resorts to euthanasia of his patient
may be liable for murder. But if the patient
himself asks to be killed by his doctor, this
Article applies.
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CRIMINAL LAW
Article 254 - Discharge of Firearms
Elements:
(a) Offender discharges a firearm against or at
another person.
(b) Offender has no intention to kill that person.
No crime if firearm is not discharged. It is
essential for prosecution to prove that the
discharge of firearm was directed precisely
against the offended party.
The crime is the discharge of firearm, even if the
gun was not pointed at the offended party when
it fired, as long as it was initially aimed by the
accused at or against the offended party
If there is intention to kill, it may be classified as
attempted parricide, murder, or homicide.
No presumed intent to kill if the distance is 200
meters.
There is a special complex crime of illegal
discharge of firearm with serious or less serious
physical injuries.
Article 255 - Infanticide
Elements:
(a) A child was killed by the accused;
(b) The deceased child was less than 3 days old.
Infanticide: the killing of any child less than three
days of age, whether the killer is the parent or
grandparent, any other relative of the child, or a
stranger
If the offender is the parent and the victim is less
than three days old, the crime is infanticide and
not parricide.
It is necessary that the child be born alive and
viable (capable of independent existence). [US
v. Vedra (1908)]
Only the mother and maternal grandparents of
the child are entitled to the mitigating
circumstance of concealing the dishonor.
Concealment of dishonor is not an element of
infanticide, it merely lowers the penalty.
A stranger who cooperates in the perpetration of
infanticide committed by the mother or
grandparent on the mothers side, is liable for
infanticide, but he must suffer the penalty
prescribed for murder.
UP LAW BOC CRIMINAL LAW 2
If the child is abandoned without any intent to kill
and death results as a consequence, the crime
committed is not infanticide but abandonment
under Article 276.
No crime of infanticide is committed when the
child was born dead, or although born alive, it
could not sustain an independent life when it
was killed.
Article 256 - Intentional Abortion
Elements:
(a) There is a pregnant woman;
(b) Violence is exerted, or drugs or beverages
administered, or that the accused otherwise
acts upon such pregnant woman;
(c) 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;
(d) The abortion is intended.
Abortion: the willful killing of the foetus in the
uterus or the violent expulsion of the foetus from
the maternal womb which results in the death of
the foetus.
Ways of committing intentional abortion
(1) Using any violence upon the person of the
pregnant woman;
(2) Acting, but without using violence, without the
consent of the woman. (By administering
drugs or beverages upon such pregnant
woman without her consent.)
(3) Acting (by administering drugs or beverages),
with the consent of the pregnant woman.
ABORTION INFANTICIDE
Fetus could not sustain Fetus could sustain an
independent life. No independent life after
legal viability. separation from the
mothers womb.
If the mother as a consequence of abortion
suffers death or physical injuries, there is a
complex crime of murder or physical injuries
and abortion.
In intentional abortion, the offender must know of
the pregnancy because the particular criminal
intent is to cause an abortion.
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CRIMINAL LAW
If the woman turns out not to be pregnant and
someone performs an abortion upon her, he is
liable for an impossible crime if the woman
suffers no physical injury.
If she dies or suffers injuries, the crime will be
homicide, serious physical injuries, etc.
Frustrated abortion is committed if the fetus that
is expelled is viable and, therefore, not dead as
abortion did not result despite the employment
of adequate and sufficient means to make the
pregnant woman abort.
Article 257 - Unintentional Abortion
Elements:
(a) There is a pregnant woman;
(b) Violence is used upon such pregnant woman
without intending an abortion;
(c) The violence is intentionally exerted;
(d) Result of violence fetus dies, either in the
womb or expelled therefrom
Unintentional abortion requires physical violence
inflicted deliberately and voluntarily by a third
person upon the pregnant woman, without
intention to cause the abortion.
If the pregnant woman aborted because of
intimidation, the crime committed is not
unintentional abortion because there is no
violence; the crime committed is light threats.
If the pregnant woman was killed by violence by
her husband, the crime committed is the
complex crime of parricide with unlawful
abortion.
Unintentional abortion may be committed
through negligence as it is enough that the use
of violence be voluntary.
If the act of violence is not felonious, that is, act of
self-defense, and there is no knowledge of the
womans pregnancy, there is no liability.
Jose is declared guilty of the crime of
unintentional abortion through reckless
imprudence for having bumped a calesa which
resulted in a pregnant woman bumping her
abdomen against the wall of the calesa and
eventually led to an abortion. [People v. Jose]
Mere boxing of the stomach taken together with
the immediate strangling of the victim in a fight,
is not sufficient proof to show an intent to cause
abortion. [People v. Salufrania (1988)]
The accused must have merely intended to kill
the victim but not necessarily to cause abortion.
UP LAW BOC CRIMINAL LAW 2
The accused is liable for complex crime of
parricide with unintentional abortion for it was
merely incidental to the killing.
For the crime of abortion, even unintentional, to
be held committed, the accused must have
known of the pregnancy. [People v. Carnaso]
Article 258 - Abortion Practiced by the
Woman Herself or by Parents
Elements:
(a) There is a pregnant woman who has suffered
an abortion;
(b) Abortion is intended;
(c) Abortion is caused by
(1) The pregnant woman herself;
(2) Any other person, with her consent; or
(3) Any of her parents, with her consent for the
purpose of concealing her dishonour.
The woman is liable under Art. 258 if she
practices an abortion upon herself or if she shall
consent that any other person do so.
If the purpose of abortion is to conceal dishonor,
mitigation applies only to pregnant woman and
not to parents of pregnant woman, unlike in
infanticide.
If the purpose of parents is not to conceal
dishonor, the crime is intentional abortion.
Liability of the pregnant woman is mitigated if
purpose is to conceal dishonor.
No mitigation for parents of pregnant woman
even if the purpose is to conceal dishonor. The
penalty for the parents in this case is the same
as the penalty for a pregnant woman
committing abortion, without the purpose of
concealing dishonor.
Article 259 - Abortion by a Physician or
Midwife and Dispensing of Abortives
Elements:
(a) There is a pregnant woman who has suffered
an abortion;
(b) The abortion is intended;
(c) Offender, who must be a physician or midwife,
caused or assisted in causing the abortion;
(d) Said physician or midwife took advantage of
his or her scientific knowledge or skill.
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The penalties provided for intentional abortion
shall be imposed in the maximum period for
physicians and midwives violating this article.
Reason: heavier guilt in making use of their
knowledge for the destruction of human life,
when it should be used only for its preservation.
If the abortion is produced by a physician to save
the life of the mother, there is no liability.
Elements (for pharmacists):
(a) The offender is a pharmacist;
(b) There is no proper prescription from a
physician;
(c) The offender dispenses any abortive.
Article punishes a pharmacist who merely
dispenses with an abortive without the proper
prescription of a physician.
It is not necessary that the pharmacist knows that
the abortive would be used to cause an
abortion. What is punished is the dispensing of
the abortive without the proper prescription. It
is not necessary that the abortive be actually
used either.
If pharmacist knew that the abortive would be
used for abortion, he would be liable as an
accomplice in the crime of abortion.
Article 260 - Responsibility of
Participants in a Duel
MODE 1: KILLING ONES ADVERSARY IN A
DUEL;
MODE 2: INFLICTING UPON SUCH
ADVERSARY PHYSICAL INJURIES;
MODE 3: MAKING A COMBAT ALTHOUGH NO
PHYSICAL INJURIES HAVE BEEN INFLICTED.
Persons liable
(1) The person who killed or inflicted physical
injuries upon his adversary, or both
combatants in any other case, as principals.
(2) The seconds, as accomplices.
Duel: a formal or regular combat previously
consented to by two parties in the presence of
two or more seconds of lawful age on each side,
who make the selection of arms and fix all the
UP LAW BOC
other conditions of the fight to settle some
antecedent quarrel.
There is no such crime nowadays because people
hit each other even without entering into any
pre-conceived agreement. This is an obsolete
provision.
If these are not the conditions of the fight, it is not
a duel in the sense contemplated in the Revised
Penal Code.
It will be a quarrel and anyone who killed the
other will be liable for homicide or murder, as
the case may be.
Article 261 - Challenging to a Duel
MODE 1: CHALLENGING ANOTHER TO A
DUEL;
MODE 2: INCITING ANOTHER TO GIVE OR
ACCEPT A CHALLENGE TO A DUEL;
MODE 3: SCOFFING AT OR DECRYING
ANOTHER PUBLICLY FOR HAVING REFUSED
TO ACCEPT A CHALLENGE TO FIGHT A DUEL.
Persons Responsible under Art. 261:
(1) Challenger
(2) Instigators
If one challenges another to a duel by shouting
Come down, Olympia, let us measure your
prowess. We will see whose intestines will come
out. You are a coward if you do not come down,
the crime of challenging to a duel is not
committed. What is committed is the crime of
light threats under Article 285, paragraph 1 of
the Revised Penal Code. [People v. Tacomoy]
CHAPTER II PHYSICAL INJURIES
Article 262 - Mutilation
MODE 1. INTENTIONALLY MUTILATING
ANOTHER BY DEPRIVING HIM, EITHER
TOTALLY OR PARTIALLY, OF SOME
ESSENTIAL ORGAN FOR REPRODUCTION;
(MUTILATION)
CRIMINAL LAW 2 CRIMINAL LAW
Elements:
(a) There be a castration, that is, mutilation of
organs necessary for generation, such as the
penis or ovarium;
(b) The mutilation is caused purposely and
deliberately
MODE 2. INTENTIONALLY MAKING OTHER
MUTILATION, THAT IS, BY LOPPING OR
CLIPPING OFF ANY PART OF THE BODY OF
THE OFFENDED PARTY, OTHER THAN THE
ESSENTIAL ORGAN FOR REPRODUCTION, TO
DEPRIVE HIM OF THAT PART OF HIS BODY.
(MAYHEM)
The offender must have the intention to deprive
the offended party of a part of his body. If there
is no such intention, the crime will be serious
physical injuries.
Mutilation: the lopping or clipping off of some
part of the body
Castration: intentionally mutilating another by
depriving him, either totally or partially, of some
essential organ for reproduction
Mayhem: intentionally making mutilation other
than some essential organ for reproduction and
to deprive him of that part of the body
Article 263 - Serious Physical Injuries
Modes of Commission:
(1) By wounding;
(2) By beating;
(3) By assaulting; or
(4) By administering injurious substance. (Art.
264)
Levels of Penalty:
When the injured person, in consequence of the
physical injuries inflicted
(1) becomes insane, imbecilic, impotent or
blind
(2) loses the use of speech or the power to
hear or to smell, or loses an eye, a hand, a
foot, an arm, or a leg;
(3) loses the use of any such member;
(4) becomes incapacitated for the work in
which he was theretofore habitually
engaged, in consequence of the physical
injuries inflicted;
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(5) becomes deformed; or
(6) loses any other member of his body;
(7) loses the use thereof; or
(8) becomes ill or incapacitated for the
performance of the work in which he was
habitually engaged for more than 90 days
in consequence of the physical injuries
inflicted;
(9) becomes ill or incapacitated for labor for
more than 30 days (but must not be more
than 90 days), as a result of the physical
injuries inflicted.
In physical injuries, there must not be intent to
kill, otherwise the crime is frustrated/attempted
murder or homicide as the case may be.
Physical Injuries Attempted or Frustrated
Homicide
No intent to kill May be committed even
offended party if no physical injuries are
inflicted
Offender has intent to
kill party
Impotence under first type means an inability to
copulate. It includes sterility.
Penalty under the first type is one degree higher
when the victim is under 12 years of age.
Blindness under the first type must be of two eyes
while blindness under the second type requires
the loss of an eye only. Mere weakness of vision
is not contemplated.
Loss of power to hear under the second type
must be of both ears. If hearing in only one ear
is lost, it falls under the third type.
Loss of the use of hand, or incapacity for work
under the second type, must be permanent.
All the body parts mentioned in the second type
are principal members of the body (eye, hand,
foot etc.)
The third type covers any other part of the body
which is not a principal member of the body.
Fingers of the hand are not principal members
and the loss of such fall under the third type.
However, if it is proven that the loss of the
fingers resulted in the loss of the use of the
hand itself, it would fall under the second type.
[US v. Punsalan (1912)]
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Deformity physical ugliness, permanent and
definite abnormality. It must be conspicuous and
visible.
Elements of deformity:
(a) physical ugliness,
(b) permanent and definite abnormality, and
(c) it must be conspicuous and visible.
All these elements must concur.
Illustrations:
(1) Loss of molar tooth This is not deformity as it
is not visible.
(2) Loss of permanent front tooth This is
deformity as it is visible and permanent.
(3) Loss of milk front tooth This is not deformity
as it is visible but will be naturally replaced.
Deformity by loss of teeth refers to injury which
cannot be repaired by the action of nature. Loss
of both outer ears is a deformity. Loss of the
lobule of the ear is a deformity. Loss of index
and middle fingers only is either deformity or
loss of a member, not a principal one, of his
body or use of the same. Loss of power to hear
of right ear only is loss of use of other part of
body.
Illness when the wound inflicted did not heal
with a certain period of time.
Note that under serious physical injuries of the
fourth type, illness or incapacity is required,
NOT medical attendance.
Paragraphs 2 and 3 refers to the work in which
he was theretofore habitually engaged
Must the injured party have an avocation at the
time of the injury? YES, insofar as these two
paragraphs are concerned.
Incapacity therefore must related to a certain
kind of work only.
However, in paragraph 4, incapacity for any kind
of work is acceptable, because the phrase
incapacity for labor is used.
Injury requiring hospitalization for more than
thirty days is serious physical injuries under
paragraph 4.
When the category of the offense of serious
physical injuries depends on the period of
illness or incapacity for labor, there must be
evidence of the length of that period; otherwise,
the offense is only slight physical injuries.
Lessening of efficiency due to injury is NOT
incapacity.
UP LAW BOC CRIMINAL LAW 2
Distinguished from mutilation: In mutilation, the
body parts should have been purposely and
deliberately lopped or clipped off. This intention
is not present in serious physical injuries.
The reason why there is no attempted or
frustrated crime of physical injuries is because
this felony is defined by the gravity of the injury.
It is a crime of result. As long as there is no
injury, there can be no attempted or frustrated
stage thereof.
Classification of physical injuries:
(1) Between less serious physical injuries and
serious physical injuries, do not consider the
period of medical treatment. Only consider the
period when the offended party is rendered
incapacitated for labor.
(2) When the injury created a deformity upon the
offended party, disregard the healing duration or
the period of medical treatment involved. At
once, it is considered serious physical injuries.
Serious physical injuries is punished with
higher penalties in the following cases:
(1) If it is committed against any of the persons
referred to in the crime of parricide under Article
246;
(2) If any of the circumstances qualifying murder
attended its commission.
Article 264 - Administering Injurious
Substances or Beverages
Elements:
(a) Offender inflicted upon another any serious
physical injury;
(b) It was done by knowingly administering to him
any injurious substance or beverages or by
taking advantage of his weakness of mind or
credulity;
(c) He had no intent to kill.
If the accused did not know of the injurious
nature of the substances administered, he is not
liable under this article.
Article 265 - Less Serious Physical
Injuries
Elements:
(a) Offended party is incapacitated for labor for 10
days or more (but not more than 30 days), or
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needs medical attendance for the same period
of time;
(b) The physical injuries must not be those
described in the preceding articles.
Qualified as to penalty
(1) A fine not exceeding P 500.00, in addition to
arresto mayor, when
(a) There is a manifest intent to insult or
offend the injured person; or
(b) There are circumstances adding ignominy
to the offense.
(2) A higher penalty is imposed when the victim is
either
(a) The offenders parents, ascendants,
guardians, curators or teachers; or
(b) Persons of rank or person in authority,
provided the crime is not direct assault.
Article 266 - Slight Physical Injuries
and Maltreatment
MODE 1: PHYSICAL INJURIES
INCAPACITATED THE OFFENDED PARTY FOR
LABOR FROM 1-9 DAYS, OR REQUIRED
MEDICAL ATTENDANCE DURING THE SAME
PERIOD;
MODE 2: PHYSICAL INJURIES WHICH DID
NOT PREVENT THE OFFENDED PARTY FROM
ENGAGING IN HIS HABITUAL WORK OR
WHICH DID NOT REQUIRE MEDICAL
ATTENDANCE;
MODE 3: ILL-TREATMENT OF ANOTHER BY
DEED WITHOUT CAUSING ANY INJURY.
This involves even ill-treatment where there is no
sign of injury requiring medical treatment.
Slapping the offended party is a form of ill-
treatment which is a form of slight physical
injuries.
But if the slapping is done to cast dishonor upon
the person slapped, or to humiliate or
embarrass the offended party out of a quarrel or
anger, the crime is slander by deed.
Between slight physical injuries and less serious
physical injuries, not only the healing duration
of the injury will be considered but also the
medical attendance required to treat the injury.
So the healing duration may be one to nine days,
but if the medical treatment continues beyond
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

nine days, the physical injuries would already
qualify as less serious physical injuries.
The medical treatment may have lasted for nine
days, but if the offended party is still
incapacitated for labor beyond nine days, the
physical injuries are already considered less
serious physical injuries.
Where there is no evidence of actual injury, it is
only slight physical injuries.
In the absence of proof as to the period of the
offended partys incapacity for labor or of the
required medical attendance, the crime
committed is slight physical injuries.
Article 266-A - Rape (amended by RA
8353)
(4) When the victim is under 12 years of age or
demented.
CLASSIFICATION OF RAPE
Traditional Rape
(1) Offended party is always a woman
(2) Offender is always a man.
Sexual assault
Rape can now be committed by a man or a
woman, that is, if a woman or a man uses an
instrument on anal orifice of male, she or he can
be liable for rape.
Inserting a finger inside the genital of a woman is
rape through sexual assault within the context of
object.

MODE 1: RAPE THROUGH SEXUAL PENALTIES

INTERCOURSE WITHOUT CONSENT OF THE Traditional Rape Sexual Assault
WOMAN: In general: Reclusion In general: Prision
perpetua mayor
Elements: A. Committed:
(a) Offender is a man; 1) with the use of a deadly weapon; or
(b) Offender had carnal knowledge of a woman; 2) by 2 or more persons
(c) Such act is accomplished under any of the Reclusion perpetua to Prision mayor to
following circumstances: death reclusion temporal
(1) By using force, threat or intimidation; B. Victim becomes insane by reason or on the
(2) When the woman is deprived of reason or occasion of rape
is otherwise unconscious; Reclusion perpetua to Reclusion temporal
(3) By means of fraudulent machination or death
grave abuse of authority; C. Rape is attempted & homicide is committed by
(4) When the woman is under 12 years of age reason or on the occasion thereof
(Statutory Rape) or is demented. Reclusion perpetua to Reclusion temporal to
death reclusion perpetua
MODE 2: RAPE THROUGH SEXUAL ASSAULT D. Rape is consummated & homicide is committed
by reason or on the occasion thereof (a special
Elements: complex crime)
(a) Offender commits an act of sexual assault; Death Reclusion perpetua
(b) The act of sexual assault is committed by any
of the following means:
(1) By inserting his penis into another person's
mouth or anal orifice; or
(2) By inserting any instrument or object into
the genital or anal orifice of another
person;
(c) The act of sexual assault is accomplished
under any of the following circumstances:
(1) By using force or intimidation; or
(2) When the victim is deprived of reason or
otherwise unconscious; or
(3) By means of fraudulent machination or
grave abuse of authority; or

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E. Committed with any of the ff. aggravating w/ one of the offenders the penal action only
circumstances: benefits not only the as to the principal (the
(1) On the VICTIM: principal but also the person who married
(a) victim is under 18 yrs. old, & the offender accomplices and the victim), and cannot
is a parent, ascendant, step-parent, guardian, accessories be extended to co-
relative by consanguinity or affinity w/in the 3rd principals in case of
civil degree, or the common law spouse of the MULTIPLE RAPE
parent of the victim Marital rape NOT Marital rape
(b) victim is under the custody of the police / recognized recognized
military authorities / law enforcement agency
(c) victim is a religious and such legitimate Complete penetration is NOT necessary. The
vocation is known by the offender before or at the slightest penetrationcontact with the labia
time of rape will consummate the rape. There is NO crime of
(d) victim is a child below 7 yrs. old FRUSTRATED RAPE because in rape, from the
(e) victim suffered permanent or physical moment the offender has carnal knowledge of
mutilation or disability by reason or on the the victim, he actually attains his purpose, all
occasion of rape the essential elements of the offense have been
(2) On the OFFENDER: accomplished. [People v. Orita (1990)]
(a) Offender is afflicted with a sexually Rape must have specific intent or lewd design.
transmissible disease & the virus / disease is For rape to be consummated, a slight brush or
transmitted to the victim scrape of the penis on the external layer of the
(b) Offender is a member of the AFP / PNP / vagina will not suffice. Mere touching of the
any law enforcement agency / penal institution, & external layer of the vagina without the intent to
took advantage of his position enter the same cannot be construed as slight
(c) Offender knew of the pregnancy of the penetration. Accused is only liable for
offended party at the time of the commission of ATTEMPTED RAPE.
rape Conviction does not require a medico-legal
(d) Offender knew of the mental disability, finding of any penetration on the part of the
emotional disorder, & / or physical handicap of woman.
the offended party at the time of the commission The presence of any of the four circumstances
of rape mentioned in par. 1 is sufficient.
(3) On 3RD PERSONS: Rape is committed in
full view of the spouse, parent, any of the FORCE, THREAT, OR INTIMIDATION
children, or other relatives w/in the 3rd civil Force employed against the victim of the rape
degree of consanguinity need not be of such character as could be
resisted. When the offender has an ascendancy
Old Anti-Rape Law RA 8353 or influence over the girl, it is not necessary that
Crime against chastity Crime against persons she put up a determined resistance. A rape
May be committed by a Under the 2nd type, victim does not have the burden of proving
man against a woman sexual assault may be resistance.
only committed by ANY It is not necessary that the force employed
PERSON against ANY against the complaining woman in rape to be so
PERSON great or of such a character as could not be
PRIVATE CRIME May be prosecuted resisted. It is sufficient that the force used is
Complaint must be even if the woman does sufficient to consummate the culprits purpose
filed by the woman or not file a complaint of copulating with the offended woman. [People
her parents, v. Savellano (1974)]
grandparents or Intimidation must be viewed in light of the
guardian if the woman victims perception and judgment at the time of
was a minor or rape and not by any hard and fast rule. It is
incapacitated enough that it produces fear fear that if the
Marriage of the victim Marriage extinguishes victim does not yield to the bestial demands of

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the accused, something would happen to her at
the moment or thereafter, as when she is
threatened with death if she reports the
incident. [People v. Metin (2003)]
The Supreme Court has ruled that the moral
ascendancy or influence exercised by the
accused over the victim substitutes for the
element of physical force or intimidation such
as those committed by:
Fathers against their daughters [People v.
Bayona, 2000]
Stepfathers against their stepdaughters [People
v. Vitor, 2002]
A godfather against his goddaughter [People v.
Casil, 1995]
Uncles against their nieces [People v. Betonio,
1997]
The first cousin of the victims mother [People v.
Perez, 1999]
WHEN THE OFFENDED PARTY IS DEPRIVED
OF REASON OR IS OTHERWISE
UNCONSCIOUS
A 16-year old mental retardate, who has the
intellectual capacity of a 9, was repeatedly
raped by the accused. The accused was found
guilty of raping a woman deprived of reason or
otherwise unconscious, and was also held liable
for rape under the provision that pertains to a
victim under 12 notwithstanding the victims
actual age.
Age requirement was subsequently amended to
refer also to mental age.
Deprived of reason or unconscious means that
the victim has no will to give consent
intelligently and freely. The inquiry should
likewise determine whether the victim was fully
informed of all considerations so as to make a
free and informed decision regarding the grant
of consent.
Whether the complaint stated that the victim was
fast asleep or half-asleep or drowsy or semi-
conscious is not determinative of the crime of
rape. For he who lies with a woman while the
latter is in a state of being drowsy is guilty of
rape. Drowsiness is defined as the state of being
drowsy, i.e., ready to fall asleep or half-asleep.
[People v. Siarza, Jr., GR No. L-117682, Aug. 18,
1997]
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CRIMINAL LAW
BY MEANS OF FRAUDULENT MACHINATION
OR GRAVE ABUSE OF AUTHORITY
Rape by means of fraudulent machinations and
grave abuse of authority absorbs the crime of
qualified and simple seduction.
STATUTORY RAPE
Statutory Rape is the rape of a woman who is
below 12 years of age. In statutory rape, the
under twelve years old victim is conclusively
presumed incapable of giving consent to sexual
intercourse with another. [People v. Negosa
(2003)]
Statutory rape is consummated when the victim
is below 12 yrs. old. Victims consent is
immaterial. Offenders knowledge of the
victims age is immaterial in statutory rape.
Carnal knowledge of a child below 12 yrs. old
even if she is engaged in prostitution is still
considered statutory rape.
Incestuous rape refers to rape committed by an
ascendant of the offended woman.
Gallo was found guilty of the crime of qualified
rape with the penalty of death. The information
filed against him does not allege his
relationship with the victim, his daughter, thus,
it CANNOT be considered as a qualifying
circumstance. Special qualifying circumstances
have to be alleged in the information for it to be
appreciated. The case was reopened and the
judgment is modified from death to reclusion
perpetua. [People v. Gallo]
A 14-year old was raped by her brother-in-law. To
effectively prosecute the accused for the crime
of rape committed by a relative by affinity w/in
the 3rd civil degree, it must be established that:
(1) the accused is legally married to the victims
sister; and
(2) the victim and the accuseds wife are full or
half-blood siblings. [People v. Berana]
Since relationship qualifies the crime of rape,
there must be clear proof of relationship and in
this case, it was not adequately substantiated.
RAPE THROUGH SEXUAL ASSAULT
The insertion of appellants fingers constituted
consummated rape through sexual assault
under RA 8353. The contact of the males penis
with the womans vagina is referred to as rape
with sexual intercourse, while the sexual abuse
under par.2 of Art.266-A, RPC is categorized as
UP LAW BOC CRIMINAL LAW 2
rape through sexual assault. In People vs.
Soriano [G.R. No. 142779-95, 388 SCRA 140], it
was ruled that the appellant is guilty of Rape
through Sexual Assault when he inserted his
finger into the vagina of the victim. [People v.
Palma, GR No. 148869-74, Dec. 11, 2003]
Insertion of penis into the mouth of a 10-year old
boy is Rape by Sexual Assault punished under
par.2, Article 266-A, RPC. [Ordinario v. People,
et al., GR No. 155415, May 20, 2004]
EVIDENCE WHICH MAY BE ACCEPTED IN THE
PROSECUTION OF RAPE:
Any physical overt act manifesting resistance
against the act of rape in any degree from the
offended party; or
Where the offended party is so situated as to
render him/her incapable of giving his consent
Rape shield rule: Character of the offended
woman is immaterial in rape.
An accused may be convicted of rape on the sole
testimony of the offended woman.
When several persons conspired to rape a single
victim, each shall be liable for the rape
committed personally by him, as well as those
committed by the others.
What Determines the Number of Times the
Victim was Raped?
Appellant ejaculated twice during the time that
he consummated the rape. Appellant did not
withdraw his penis to insert it again into the
vagina or to touch the labia majora and the
labia minora when he ejaculated the second
time. It is not the number of times that
appellant ejaculated but the penetration or
touching that determines the consummation
of the sexual act. Thus appellant committed
only one count of rape. [People v. Ferrer, GR No.
142662, Aug. 14, 2001; People v. Orilla, GR No.
148939-40, Feb. 13, 2004]
EFFECT OF PARDON
(1) Subsequent valid marriage between the
offender and the offended party shall extinguish
the criminal action or the penalty imposed but
only as to the husband
(2) When the legal husband is the offender, the
subsequent forgiveness by the wife as the
offended party shall extinguish the criminal
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action or the penalty, provided that their
marriage is NOT VOID ab initio.
Rape with homicide is a special complex crime if
it is committed by reason or on the occasion of
the rape.
Rape may, likewise, be committed in a room
adjacent to where the victim's family is sleeping,
or even in a room shared with other people.
There is no rule that rape can only be
committed in seclusion. [People v. Glivano
(2008)]
The force, violence or intimidation in rape is a
relative term, depending not only on the age,
size, and strength of the parties but also on
their relationship with each other. Because of
the victims youthfulness, coupled with the fact
that the assailant is her stepfather, it was easy
for her to believe that appellant would make
good his threat to kill her should she resist.
[People v. Tuazon (2007)]
SPECIAL LAWS
RA 9262: Anti-Violence against
Women and their Children
Punishable Acts:
SECTION 5. Acts of Violence Against Women and
Their Children - The crime of violence against
women and their children is committed through
any of the following acts:
(a) Causing physical harm to the woman or her
child;
(b) Threatening to cause the woman or her child
physical harm;
(c) Attempting to cause the woman or her child
physical harm;
(d) Placing the woman or her child in fear of
imminent physical harm;
(e) Attempting to compel or compelling the
woman or her child to engage in conduct
which the woman or her child has the right to
desist from or desist from conduct which the
woman or her child has the right to engage in,
or attempting to restrict or restricting the
woman's or her child's freedom of movement
or conduct by force or threat of force, physical
or other harm or threat of physical or other
harm, or intimidation directed against the
woman or child. This shall include, but not
limited to, the following acts committed with
UP LAW BOC CRIMINAL LAW 2
the purpose or effect of controlling or
restricting the woman's or her child's
movement or conduct:
(1) Threatening to deprive or actually depriving
the woman or her child of custody to
her/his family;
(2) Depriving or threatening to deprive the
woman or her children of financial support
legally due her or her family, or deliberately
providing the woman's children insufficient
financial support;
(3) Depriving or threatening to deprive the
woman or her child of a legal right;
(4) Preventing the woman in engaging in any
legitimate profession, occupation, business
or activity or controlling the victim's own
money or properties, or solely controlling
the conjugal or common money, or
properties;
(f) Inflicting or threatening to inflict physical harm
on oneself for the purpose of controlling her
actions or decisions;
(g) Causing or attempting to cause the woman or
her child to engage in any sexual activity
which does not constitute rape, by force or
threat of force, physical harm, or through
intimidation directed against the woman or
her child or her/his immediate family;
(h) Engaging in purposeful, knowing, or reckless
conduct, personally or through another, that
alarms or causes substantial emotional or
psychological distress to the woman or her
child. This shall include, but not be limited to,
the following acts:
(1) Stalking or following the woman or her
child in public or private places;
(2) Peering in the window or lingering outside
the residence of the woman or her child;
(3) Entering or remaining in the dwelling or on
the property of the woman or her child
against her/his will;
(4) Destroying the property and personal
belongings or inflicting harm to animals or
pets of the woman or her child; and
(5) Engaging in any form of harassment or
violence;
(i) Causing mental or emotional anguish, public
ridicule or humiliation to the woman or her
child, including, but not limited to, repeated
verbal and emotional abuse, and denial of
financial support or custody of minor children
of access to the woman's child/children.
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RA 9775: Anti-Child Pornography Law
Section 3. Definition of Terms. -
(a) "Child" refers to a person below eighteen (18)
years of age or over, but is unable to fully take
care of himself/herself from abuse, neglect,
cruelty, exploitation or discrimination because
of a physical or mental disability or condition.
For the purpose of this Act, a child shall also refer
to:
(1) a person regardless of age who is presented,
depicted or portrayed as a child as defined
herein; and
(2) computer-generated, digitally or manually
crafted images or graphics of a person who is
represented or who is made to appear to be a
child as defined herein.
(b) "Child pornography" refers to any
representation, whether visual, audio, or
written combination thereof, by electronic,
mechanical, digital, optical, magnetic or any
other means, of child engaged or involved in
real or simulated explicit sexual activities.
(c) "Explicit Sexual Activity" includes actual or
simulated -
(1) As to form:
(i) sexual intercourse or lascivious act
including, but not limited to, contact
involving genital to genital, oral to genital,
anal to genital, or oral to anal, whether
between persons of the same or opposite
sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse;
(5) lascivious exhibition of the genitals,
buttocks, breasts, pubic area and/or anus; or
(6) use of any object or instrument for
lascivious acts
(d) "Internet address" refers to a website, bulletin
board service, internet chat room or news
group, or any other internet or shared network
protocol address.
(e) "Internet cafe or kiosk" refers to an
establishment that offers or proposes to offer
services to the public for the use of its
computer/s or computer system for the
purpose of accessing the internet, computer
games or related services.
UP LAW BOC CRIMINAL LAW 2
(f) "Internet content host" refers to a person who
hosts or who proposes to host internet content
in the Philippines.
(g) "Internet service provider (ISP)" refers to a
person or entity that supplies or proposes to
supply, an internet carriage service to the
public.
(h) "Grooming" refers to the act of preparing a
child or someone who the offender believes to
be a child for sexual activity or sexual
relationship by communicating any form of
child pornography. It includes online
enticement or enticement through any other
means.
(i) "Luring" refers to the act of communicating, by
means of a computer system, with a child or
someone who the offender believes to be a
child for the purpose of facilitating the
commission of sexual activity or production of
any form of child pornography.
(j) "Pandering" refers to the act of offering,
advertising, promoting, representing or
distributing through any means any material
or purported material that is intended to
cause another to believe that the material or
purported material contains any form of child
pornography, regardless of the actual content
of the material or purported material.
(k) "Person" refers to any natural or juridical
entity.
Section 4. Unlawful or Prohibited Acts. - It shall
be unlawful for any person:
(a) To hire, employ, use, persuade, induce or
coerce a child to perform in the creation or
production of any form of child pornography;
(b) To produce, direct, manufacture or create any
form of child pornography;
(c) To publish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or
import any form of child pornography;
(d) To possess any form of child pornography with
the intent to sell, distribute, publish, or
broadcast: Provided. That possession of three
(3) or more articles of child pornography of the
same form shall be prima facie evidence of the
intent to sell, distribute, publish or broadcast;
(e) To knowingly, willfully and intentionally
provide a venue for the commission of
prohibited acts as, but not limited to, dens,
private rooms, cubicles, cinemas, houses or in
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CRIMINAL LAW
establishments purporting to be a legitimate
business;
(f) For film distributors, theaters and
telecommunication companies, by themselves
or in cooperation with other entities, to
distribute any form of child pornography;
(g) For a parent, legal guardian or person having
custody or control of a child to knowingly
permit the child to engage, participate or
assist in any form of child pornography;
(h) To engage in the luring or grooming of a child;
(i) To engage in pandering of any form of child
pornography;
(j) To willfully access any form of child
pornography;
(k) To conspire to commit any of the prohibited
acts stated in this section. Conspiracy to
commit any form of child pornography shall
be committed when two (2) or more persons
come to an agreement concerning the
commission of any of the said prohibited acts
and decide to commit it; and
(l) To possess any form of child pornography
RA 8049: Anti-Hazing Law
Definition:
Section 1. Hazing, as used in this Act, is an
initiation rite or practice as a prerequisite for
admission into membership in a fraternity,
sorority or organization by placing the recruit,
neophyte or applicant in some embarrassing or
humiliating situations such as forcing him to do
menial, silly, foolish and other similar tasks or
activities or otherwise subjecting him to physical
or psychological suffering or injury.
The term "organization" shall include any club or
the Armed Forces of the Philippines, Philippine
National Police, Philippine Military Academy, or
officer and cadet corp of the Citizen's Military
Training and Citizen's Army Training. The
physical, mental and psychological testing and
training procedure and practices to determine
and enhance the physical, mental and
psychological fitness of prospective regular
members of the Armed Forces of the Philippines
and the Philippine National Police as approved by
the Secretary of National Defense and the
National Police Commission duly recommended
by the Chief of Staff, Armed Forces of the
Philippines and the Director General of the
UP LAW BOC CRIMINAL LAW 2
Philippine National Police shall not be considered
as hazing for the purposes of this Act.
Allowed Initiation Rites:
Section 2. No hazing or initiation rites in any form
or manner by a fraternity, sorority or organization
shall be allowed without prior written notice to
the school authorities or head of organization
seven (7) days before the conduct of such
initiation. The written notice shall indicate the
period of the initiation activities which shall not
exceed three (3) days, shall include the names of
those to be subjected to such activities, and shall
further contain an undertaking that no physical
violence be employed by anybody during such
initiation rites.
Section 3. The head of the school or organization
or their representatives must assign at least two
(2) representatives of the school or organization,
as the case may be, to be present during the
initiation. It is the duty of such representative to
see to it that no physical harm of any kind shall
be inflicted upon a recruit, neophyte or applicant.
Who Are Liable/Punishable Acts:
Section 4. If the person subjected to hazing or
other forms of initiation rites suffers any physical
injury or dies as a result thereof, the officers and
members of the fraternity, sorority or
organization who actually participated in the
infliction of physical harm shall be liable as
principals. The person or persons who
participated in the hazing shall suffer:
1. The penalty of reclusion perpetua (life
imprisonment) if death, rape, sodomy or
mutilation results therefrom.
2. The penalty of reclusion temporal in its
maximum period (17 years, 4 months and 1 day to
20 years) if in consequence of the hazing the
victim shall become insane, imbecile, impotent or
blind.
3. The penalty of reclusion temporal in its
medium period (14 years, 8 months and one day
to 17 years and 4 months) if in consequence of the
hazing the victim shall have lost the use of
speech or the power to hear or to smell, or shall
have lost an eye, a hand, a foot, an arm or a leg or
shall have lost the use of any such member shall
have become incapacitated for the activity or
work in which he was habitually engaged.
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4. The penalty of reclusion temporal in its
minimum period (12 years and one day to 14 years
and 8 months) if in consequence of the hazing
the victim shall become deformed or shall have
lost any other part of his body, or shall have lost
the use thereof, or shall have been ill or
incapacitated for the performance on the activity
or work in which he was habitually engaged for a
period of more than ninety (90) days.
5. The penalty of prison mayor in its maximum
period (10 years and one day to 12 years) if in
consequence of the hazing the victim shall have
been ill or incapacitated for the performance on
the activity or work in which he was habitually
engaged for a period of more than thirty (30)
days.
6. The penalty of prison mayor in its medium
period (8 years and one day to 10 years) if in
consequence of the hazing the victim shall have
been ill or incapacitated for the performance on
the activity or work in which he was habitually
engaged for a period of ten (10) days or more, or
that the injury sustained shall require medical
assistance for the same period.
7. The penalty of prison mayor in its minimum
period (6 years and one day to 8 years) if in
consequence of the hazing the victim shall have
been ill or incapacitated for the performance on
the activity or work in which he was habitually
engaged from one (1) to nine (9) days, or that the
injury sustained shall require medical assistance
for the same period.
8. The penalty of prison correccional in its
maximum period (4 years, 2 months and one day
to 6 years) if in consequence of the hazing the
victim sustained physical injuries which do not
prevent him from engaging in his habitual activity
or work nor require medical attendance.
The responsible officials of the school or of the
police, military or citizen's army training
organization, may impose the appropriate
administrative sanctions on the person or the
persons charged under this provision even before
their conviction. The maximum penalty herein
provided shall be imposed in any of the following
instances:
(a) when the recruitment is accompanied by
force, violence, threat, intimidation or deceit on
the person of the recruit who refuses to join;
(b) when the recruit, neophyte or applicant
initially consents to join but upon learning that
UP LAW BOC CRIMINAL LAW 2
hazing will be committed on his person, is
prevented from quitting;
(c) when the recruit, neophyte or applicant having
undergone hazing is prevented from reporting
the unlawful act to his parents or guardians, to
the proper school authorities, or to the police
authorities, through force, violence, threat or
intimidation;
(d) when the hazing is committed outside of the
school or institution; or
(e) when the victim is below twelve (12) years of
age at the time of the hazing.
The owner of the place where hazing is
conducted shall be liable as an accomplice, when
he has actual knowledge of the hazing conducted
therein but failed to take any action to prevent
the same from occurring. If the hazing is held in
the home of one of the officers or members of the
fraternity, group, or organization, the parents
shall be held liable as principals when they have
actual knowledge of the hazing conducted
therein but failed to take any action to prevent
the same from occurring.
The school authorities including faculty members
who consent to the hazing or who have actual
knowledge thereof, but failed to take any action
to prevent the same from occurring shall be
punished as accomplices for the acts of hazing
committed by the perpetrators.
The officers, former officers, or alumni of the
organization, group, fraternity or sorority who
actually planned the hazing although not present
when the acts constituting the hazing were
committed shall be liable as principals. A
fraternity or sorority's adviser who is present
when the acts constituting the hazing were
committed and failed to take action to prevent
the same from occurring shall be liable as
principal.
The presence of any person during the hazing is
prima facie evidence of participation therein as
principal unless he prevented the commission of
the acts punishable herein.
Any person charged under this provision shall not
be entitled to the mitigating circumstance that
there was no intention to commit so grave a
wrong.
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This section shall apply to the president,
manager, director or other responsible officer of a
corporation engaged in hazing as a requirement
for employment in the manner provided herein.
RA 7610: Special Protection of Children
Against Child Abuse
Child Prostitution / Punishable Acts:
Section 5. Child Prostitution and Other Sexual
Abuse. Children, whether male or female, who
for money, profit, or any other consideration or
due to the coercion or influence of any adult,
syndicate or group, indulge in sexual intercourse
or lascivious conduct, are deemed to be children
exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium
period to reclusion perpetua shall be imposed
upon the following:
(a) Those who engage in or promote, facilitate or
induce child prostitution which include, but are
not limited to, the following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child
prostitute by means of written or oral
advertisements or other similar means;
(3) Taking advantage of influence or relationship
to procure a child as prostitute;
(4) Threatening or using violence towards a child
to engage him as a prostitute; or
(5) Giving monetary consideration goods or other
pecuniary benefit to a child with intent to engage
such child in prostitution.
(b) Those who commit the act of sexual
intercourse of lascivious conduct with a child
exploited in prostitution or subject to other sexual
abuse; Provided, That when the victims is under
twelve (12) years of age, the perpetrators shall be
prosecuted under Article 335, paragraph 3, for
rape and Article 336 of Act No. 3815, as
amended, the Revised Penal Code, for rape or
lascivious conduct, as the case may be: Provided,
That the penalty for lascivious conduct when the
victim is under twelve (12) years of age shall be
reclusion temporal in its medium period; and
(c) Those who derive profit or advantage
therefrom, whether as manager or owner of the
establishment where the prostitution takes place,
or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a
UP LAW BOC CRIMINAL LAW 2
cover or which engages in prostitution in addition
to the activity for which the license has been
issued to said establishment.
Section 6. Attempt To Commit Child Prostitution.
There is an attempt to commit child prostitution
under Section 5, paragraph (a) hereof when any
person who, not being a relative of a child, is
found alone with the said child inside the room or
cubicle of a house, an inn, hotel, motel, pension
house, apartelle or other similar establishments,
vessel, vehicle or any other hidden or secluded
area under circumstances which would lead a
reasonable person to believe that the child is
about to be exploited in prostitution and other
sexual abuse.
There is also an attempt to commit child
prostitution, under paragraph (b) of Section 5
hereof when any person is receiving services from
a child in a sauna parlor or bath, massage clinic,
health club and other similar establishments. A
penalty lower by two (2) degrees than that
prescribed for the consummated felony under
Section 5 hereof shall be imposed upon the
principals of the attempt to commit the crime of
child prostitution under this Act, or, in the proper
case, under the Revised Penal Code.
Child Trafficking / Punishable Acts:
Section 7. Child Trafficking. Any person who
shall engage in trading and dealing with children
including, but not limited to, the act of buying
and selling of a child for money, or for any other
consideration, or barter, shall suffer the penalty
of reclusion temporal to reclusion perpetua. The
penalty shall be imposed in its maximum period
when the victim is under twelve (12) years of age.
Section 8. Attempt to Commit Child Trafficking.
There is an attempt to commit child trafficking
under Section 7 of this Act:
(a) When a child travels alone to a foreign country
without valid reason therefor and without
clearance issued by the Department of Social
Welfare and Development or written permit or
justification from the child's parents or legal
guardian;
(c) When a person, agency, establishment or
child-caring institution recruits women or couples
to bear children for the purpose of child
trafficking; or
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(d) When a doctor, hospital or clinic official or
employee, nurse, midwife, local civil registrar or
any other person simulates birth for the purpose
of child trafficking; or
(e) When a person engages in the act of finding
children among low-income families, hospitals,
clinics, nurseries, day-care centers, or other child-
caring institutions who can be offered for the
purpose of child trafficking.
A penalty lower two (2) degrees than that
prescribed for the consummated felony under
Section 7 hereof shall be imposed upon the
principals of the attempt to commit child
trafficking under this Act.
RA 9344: Juvenile Justice and Welfare
act
Punishable Acts:
SEC. 60. Prohibition Against Labeling and
Shaming. - In the conduct of the proceedings
beginning from the initial contact with the child,
the competent authorities must refrain from
branding or labeling children as young criminals,
juvenile delinquents, prostitutes or attaching to
them in any manner any other derogatory names.
Likewise, no discriminatory remarks and practices
shall be allowed particularly with respect to the
child's class or ethnic origin.
SEC. 61. Other Prohibited Acts. - The following
and any other similar acts shall be considered
prejudicial and detrimental to the psychological,
emotional, social, spiritual, moral and physical
health and well-being of the child in conflict with
the law and therefore, prohibited:
(a) Employment of threats of whatever kind and
nature;
(b) Employment of abusive, coercive and punitive
measures such as cursing, beating, stripping, and
solitary confinement;
(c) Employment of degrading, inhuman end cruel
forms of punishment such as shaving the heads,
pouring irritating, corrosive or harmful
substances over the body of the child in conflict
with the law, or forcing him/her to walk around
the community wearing signs which embarrass,
humiliate, and degrade his/her personality and
dignity; and
UP LAW BOC CRIMINAL LAW 2
(d) Compelling the child to perform involuntary
servitude in any and all forms under any and all
instances.
SEC. 62. Violation of the Provisions of this Act or
Rules or Regulations in General. - Any person who
violates any provision of this Act or any rule or
regulation promulgated in accordance thereof
shall, upon conviction for each act or omission, be
punished by a fine of not less than Twenty
thousand pesos (P20,000.00) but not more than
Fifty thousand pesos (P50,000.00) or suffer
imprisonment of not less than eight (8) years but
not more than ten (10) years, or both such fine
and imprisonment at the discretion of the court,
unless a higher penalty is provided for in the
Revised Penal Code or special laws. If the
offender is a public officer or employee, he/she
shall, in addition to such fine and/or
imprisonment, be held administratively liable and
shall suffer the penalty of perpetual absolute
disqualification.
PD 603: Child and Youth Welfare Code
Punishable Acts:
Article 59. Crimes. - Criminal liability shall attach
to any parent who:
1. Conceals or abandons the child with intent to
make such child lose his civil status.
2. Abandons the child under such circumstances
as to deprive him of the love, care and protection
he needs.
3. Sells or abandons the child to another person
for valuable consideration.
4. Neglects the child by not giving him the
education which the family's station in life and
financial conditions permit.
5. Fails or refuses, without justifiable grounds, to
enroll the child as required by Article 72.
6. Causes, abates, or permits the truancy of the
child from the school where he is enrolled.
"Truancy" as here used means absence without
cause for more than twenty schooldays, not
necessarily consecutive.
7. It shall be the duty of the teacher in charge to
report to the parents the absences of the child
the moment these exceed five schooldays.
8. Improperly exploits the child by using him,
directly or indirectly, such as for purposes of
begging and other acts which are inimical to his
interest and welfare.
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9. Inflicts cruel and unusual punishment upon
the child or deliberately subjects him to
indignation and other excessive chastisement
that embarrass or humiliate him.
10. Causes or encourages the child to lead an
immoral or dissolute life.
11. Permits the child to possess, handle or carry a
deadly weapon, regardless of its ownership.
12. Allows or requires the child to drive without a
license or with a license which the parent knows
to have been illegally procured. If the motor
vehicle driven by the child belongs to the parent,
it shall be presumed that he permitted or ordered
the child to drive.
"Parents" as here used shall include the guardian
and the head of the institution or foster home
which has custody of the child.
Article 60. Penalty. - The act mentioned in the
preceding article shall be punishable with
imprisonment from two or six months or a fine
not exceeding five hundred pesos, or both, at the
discretion of the Court, unless a higher penalty is
provided for in the Revised Penal Code or special
laws, without prejudice to actions for the
involuntary commitment of the child under Title
VIII of this Code.
See Also: RA 9372: Human Security Act
Title IX. Crimes against
Personal Liberty and
Security
Chapter I: Crimes against Liberty
(1) Article 267 - Kidnapping and Serious Illegal
Detention
(2) Article 268 - Slight Illegal Detention
(3) Article 269 - Unlawful Arrest
(4) Article 270 - Kidnapping and Failure to Return
a Minor
(5) Article 271 - Inducing a Minor to Abandon His
Home
(6) Article 272 Slavery
(7) Article 273 - Exploitation of Child Labor
(8) Article 274 - Services Rendered Under
Compulsion in Payment of Debt
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Chapter II: Crimes against Security
(1) Article 275 - Abandonment of Persons in
Danger and Abandonment of Own Victim
(2) Article 276 - Abandoning a Minor
(3) Article 277 - Abandonment of Minor by Person
Entrusted With Custody; Indifference of Parents
(4) Article 278 - Exploitation of Minors
(5) Article 280 - Qualified Trespass to Dwelling
(6) Article 281 - Other Forms of Trespass
(7) Article 282 - Grave Threats
(8) Article 283 - Light Threats
(9) Article 284 - Bond for Good Behavior
(10) Article 285 - Other Light Threats
(11) Article 286 - Grave Coercions
(12) Article 287 - Light Coercions
(13) Article 288 - Other Similar Coercions
(14) Article 289 - Formation, Maintenance, and
Prohibition of Combination of Capital or Labor
through Violence or Threats
Chapter III: Discovery and Revelation of Secrets
(1) Article 290 - Discovering Secrets through
Seizure of Correspondence
(2) Article 291 - Revealing Secrets with Abuse of
Office
(3) Article 292 - Revelation of Industrial Secrets
CHAPTER I: CRIMES AGAINST
LIBERTY
Article 267 - Kidnapping and Serious
Illegal Detention
Elements:
(a) Offender is a private individual;
(b) He kidnaps or detains another, or in any other
manner deprives the latter of his liberty;
(c) The act of detention or kidnapping must be
illegal;
(d) In the commission of the offense, any of the
following circumstances is present:
(1) The kidnapping lasts for more than 3 days;
(2) It is committed simulating public authority;
(3) Any serious physical injuries are inflicted
upon the person kidnapped or detained or
threats to kill him are made; or
(4) The person kidnapped or detained is a
minor, female, or a public officer.
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The essential element of kidnapping is the
deprivation of the offended partys liberty under
any of the four instances enumerated. But when
the kidnapping was committed for the purpose
of extorting ransom, it is not necessary that one
or any of circumstances enumerated be present.
If kidnapping be committed under element 4 (b),
(c), or (d), it is not necessary that the kidnapping
last for more than 3 days.
Qualifying Circumstances:
(1) Purpose is to extort ransom.
(2) When the victim is killed or dies as a
consequence of the detention.
(3) When the victim is raped.
(4) When victim is subjected to torture or
dehumanizing acts.
The offenders here are private individuals or
public officers acting in their private capacity. If
they are public officers, they are covered by the
crimes under Title 2.
When a public officer conspires with a private
person in the commission of any of the crimes
under Title IX, the crime is also one committed
under this title and not under Title II.
The purpose is immaterial when any of the
circumstances in the first paragraph of Art. 267
is present.
Definition of ransom: In the crime of Kidnapping
for Ransom, ransom means money, price or
consideration paid or demanded for the
redemption of a captured person that would
release him from captivity. No specific form of
ransom is required to consummate the felony as
long as the ransom was intended as a
bargaining chip in exchange for the victims
freedom. Whether or not ransom is actually
paid to or received by the perpetrator is of no
moment. [People v. Jatulan, GR No. 171653, April
24, 2007]
Actual demand for ransom is not necessary, as
long as it can be proven that the kidnapping
was done for the purpose of extorting money.
Essential: There be actual confinement or
restriction of the person of the offended party. It
is not necessary that the victim be placed in an
enclosure, as long as he is deprived, in any
manner, of his liberty.
It suffices that there be actual or manifest
restraint on the person or liberty of the victim.
UP LAW BOC CRIMINAL LAW 2
Accused were guilty of kidnapping although the
victim was found, at the time of her rescue,
outside of the house where she was brought,
talking to the house owner who was the uncle of
the accused. Her failure to attempt to escape
was explained by her to be due to her fear and
threats of the accused to kill her should she do
so. In kidnapping, it is not necessary that the
offended party be kept within an enclosure to
restrict her freedom of locomotion. [People v.
Cortez, et al., GR No. 131619-20, Feb 1, 2000]
The victims lack of consent is also a fundamental
element of kidnapping and serious illegal
detention. The involuntariness of the seizure
and detention is the very essence of the crime.
Although the victim may have inceptually
consented to go with the offender to a place,
but the victim is thereafter prevented, with the
use of force, from leaving the place where he
was brought to with his consent and is detained
against his will, the offender is still guilty of
kidnapping and serious illegal detention.
[People v. Pickrell, GR No. 120409, Oct. 23, 2003]
When detention is illegal: It is not ordered by
competent authority nor permitted by law.
Special complex crime of Kidnapping with Murder:
When the victim dies or is killed as a
consequence of the detention, which is covered
by the last paragraph of Art. 267 as amended.
Forcible abduction: If a woman is transported
from one place to another by virtue of
restraining her of her liberty, and that act is
coupled with lewd designs.
Serious illegal detention: If a woman is
transported just to restrain her of her liberty.
There is no lewd design or lewd intent.
Grave coercion: If a woman is carried away just to
break her will, to compel her to agree to the
demand or request by the offender.
Illegal Detention Arbitrary Detention
Committed by a Committed by public
private individual who officer or employee who
unlawfully deprives a detains a person without
person of his liberty legal ground
Crime against personal Crime against the
liberty fundamental laws of the
State
Where the evident purpose of taking the victim
was to kill him, and from the acts of the accused
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it cannot be inferred that the latters purpose
was to actually detain or deprive the victim of
his liberty, the subsequent killing of the victim
did not constitute the crime of kidnapping. The
demand for ransom did not convert the crime
into kidnapping, since no deprivation of liberty
was involved. [People v Padica (1993)]
The essence of kidnapping is the actual
deprivation of the victims liberty coupled with
the intent of the accused to effect it. [People v
Luartes (1999)]
Physical detention is not necessary. It is enough
that the victim is under the complete control of
the perpetrators as in this case when the
Japanese victim had to rely on his abductors for
survival after he was tricked into believing that
the police was after him.
It was also held in this case that keeping a person
as collateral for payment of an obligation is
kidnapping. [People v. Tomio]
Leaving a child in a place from which he did not
know the way home, even if he had the freedom
to roam around the place of detention, would
still amount to deprivation of liberty, for under
such a situation, the childs freedom remains at
the mercy and control of the abductor. [People v
Baluya, GR 181822, April 13, 2011]
The elements of kidnapping for ransom under
Article 267 of the Revised Penal Code (RPC), as
amended by Republic Act (R.A.) 7659
warranting the imposition of the death penalty,
are as follows:
(1) intent on the part of the accused to deprive
the victim of his liberty;
(2) actual deprivation of the victim of his liberty;
and
(3) motive of the accused, which is extorting
ransom for the release of the victim.
Neither actual demand for nor payment of
ransom is necessary for the consummation of
the felony. It is sufficient that the deprivation of
liberty was for extorting ransom even if none of
the four circumstances mentioned in Article 267
were present in its perpetration. [People v.
Cenahonon (2007)]
Article 267 has been modified by Republic Act No.
7659 (AN ACT TO IMPOSE THE DEATH PENALTY
ON CERTAIN HEINOUS CRIMES, AMENDING
FOR THAT PURPOSE THE REVISED PENAL
LAWS, AS AMENDED, OTHER SPECIAL PENAL
UP LAW BOC
LAWS, AND FOR OTHER PURPOSES) in the
following respects:
(1) Illegal detention becomes serious when it shall
have lasted for more than three days, instead
of five days as originally provided;
(2) In paragraph 4, if the person kidnapped or
detained was a minor and the offender was
anyone of the parents, the latter has been
expressly excluded from the provision. The
liability of the parent is provided for in the last
paragraph of Article 271;
(3) A paragraph was added to Article 267, which
states: When the victim is killed or dies as a
consequence of the detention or is raped, or is
subjected to torture, or dehumanizing acts,
the maximum penalty shall be imposed.
(4) The amendment introduced in our criminal
statutes the concept of "special complex
crime" of kidnapping with murder or homicide.
(5) It eliminated the distinction drawn by the
courts between those cases where the killing
of the kidnapped victim was purposely sought
by the accused, and those where the killing of
the victim was not deliberately resorted to but
was merely an afterthought.
(6) Although the victim was raped 27 times, there
is only one crime of kidnapping with rape, not
kidnapping with rape and 26 separate counts
of rape. In a way, R.A. 7659 depreciated the
seriousness of rape because no matter how
many times the victim was raped, like in the
present case, there is only one crime
committed the special complex crime of
kidnapping with rape. [People v Felipe
Mirandilla, GR 186417, July 27, 2011]
Kidnapping with Rape Forcible Abduction w/
Rape
Lewd design came after At the outset, there is
the intent to kidnap the already lewd design
victim
It is a special complex It is a complex crime
crime. under RPC 48 since
forcible abduction is a
necessary means of
committing the crime
of rape.
It there is an attempted If there is an attempted
rape, it shall be rape, the crime
considered as a committed is only
CRIMINAL LAW 2 CRIMINAL LAW
separate crime. forcible abduction, the
former being an
expression of a lewd
design.
If there are multiple If there are multiple
rapes, there is only one rapes, only one is
special complex crime complexed with forcible
of Kidnapping with abduction and the rest
Rape. shall be considered as
separate crimes.
Article 268 - Slight Illegal Detention
Elements:
(a) Offender is a private individual;
(b) He kidnaps or detains another, or in any other
manner deprives him of his liberty.
(c) The act of kidnapping or detention is illegal;
(d) The crime is committed without the
attendance of any of the circumstances
enumerated in Article 267.
This felony is committed if any of the five
circumstances in the commission of kidnapping
or detention enumerated in Article 267 is not
present.
The penalty is lowered if:
(1) The offended party is voluntarily released
within three days from the start of illegal
detention;
(2) Without attaining the purpose;
(3) Before the institution of the criminal action.
The prevailing rule now is Asistio v. Judge, which
provides that voluntary release will only
mitigate criminal liability if crime was slight
illegal detention. If serious, it has no effect.
The liability of one who furnishes the place where
the offended party is being held captive is that
of a principal and not of an accomplice.
Article 269 - Unlawful Arrest
Elements:
(a) Offender arrests or detains another person;
(b) The purpose of the offender is to deliver him
to the proper authorities;
(c) The arrest or detention is not authorized by
law or there is no reasonable ground therefor.
(unauthorized)
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This felony consists in making an arrest or
detention without legal or reasonable ground
for the purpose of delivering the offended party
to the proper authorities.
Generally, this crime is committed by
incriminating innocent persons by the offenders
planting evidence to justify the arrest a
complex crime results, that is, unlawful arrest
through incriminatory machinations under
Article 363.
If the arrest is made without a warrant and under
circumstances not allowing a warrantless
arrest, the crime would be unlawful arrest.
If the person arrested is not delivered to the
authorities, the private individual making the
arrest incurs criminal liability for illegal detention
under Article 267 or 268.
If the offender is a public officer, the crime is
arbitrary detention under Article 124.
If the detention or arrest is for a legal ground, but
the public officer delays delivery of the person
arrested to the proper judicial authorities, then
Article 125 will apply.
Note: This felony may also be committed by
public officers.
Delay in the delivery of Unlawful arrest
detained persons (Art. 125) (Art. 269)
Detention is for some legal Detention is not
ground. authorized by law.
Crime is committed by Committed by
failing to deliver such person making an arrest
to the proper judicial not authorized by
authority within a certain law
period.
Article 270 - Kidnapping and Failure to
Return a Minor
Elements:
(a) Offender is entrusted with the custody of a
minor person (whether over or under seven years
but less than 18 years of age)
(b) He deliberately fails to restore the said minor
to his parents or guardians
If any of the foregoing elements is absent, the
kidnapping of the minor will then fall under
Article 267.
The essential element which qualifies the crime
of kidnapping a minor under Art. 270 is that the
CRIMINAL LAW 2 CRIMINAL LAW
offender is entrusted with the custody of the
minor.
If the accused is any of the parents, Article 267
does not apply; Articles 270 and 271 apply.
If the taking is with the consent of the parents,
the crime in Article 270 is committed.
What is punished is the deliberate failure of the
custodian of the minor to restore the latter to
his parents or guardians.
The deliberate failure to return a minor under
ones custody constitutes deprivation of liberty.
Kidnapping and failure to return a minor is
necessarily included in kidnapping and serious
illegal detention of a minor under Article
267(4). [People v. Generosa]
Where a minor child was taken by the accused
without the knowledge and consent of his
parents, the crime is kidnapping and serious
illegal detention under Article 267, not
kidnapping and failure to return a minor under
Article 270. [People v. Mendoza]
Art. 270 Art. 267
Offender is entrusted The offender is not
with the custody of the entrusted with the
minor custody of the minor.
What is punished is What is punished is
the illegal detaining or the deliberate failure
kidnapping of the of the offender having
minor custody of the minor
to restore him to his
parents or guardians
Article 271 - Inducing a Minor to
Abandon His Home
Elements:
(a) A minor (whether over or under seven years of
age) is living in the home of his parents or
guardians or the person entrusted with his
custody;
(b) Offender induces said minor to abandon such
home.
Inducement must be (a) actual, and (b)
committed with criminal intent
The minor should not leave his home of his own
free will.
What constitutes the crime is the act of inducing
a minor to abandon the home of his guardian,
and it is not necessary that the minor actually
abandons the home.
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Father or mother may commit the crimes in Art. The existence of indebtedness constitutes no
170 and 171 where they are living separately and legal justification for holding a person and
the custody of the minor children is given to one depriving him of his freedom to live where he
of them. wills.
The law is intended to discourage and prevent Note the phrase against the (minors) latters
disruption of filial relationships and undue will. Hence, if minor consents to the offenders
interference with the parents right and duty to retaining his services, there is no violation of this
the custody of their minor children and to rear article.
them.
Article 274 - Services Rendered Under
Article 272 - Slavery Compulsion in Payment of Debt
Elements: Elements:
(a) Offender purchases, sells, kidnaps or detains a (a) Offender compels a debtor to work for him,
human being; either as a household servant or farm laborer;
(b) The purpose of the offender is to enslave such (b) It is against the debtors will;
human being. (c) The purpose is to require or enforce the
payment of a debt.
This is committed if anyone shall purchase,
kidnap, or detain a human being for the Service under Exploitation of Child
purpose of enslaving him. Compulsion Labor
The penalty is increased if the purpose of the Does not distinguish Victim must be a
offender is to assign the offended party to some whether or not the minor
immoral traffic. victim is a minor
If the purpose of the kidnapping or detention is to The debtor himself isThe minor is
enslave the offended party, slavery is the one compelled to compelled to render
committed. work for the offenderservices for the
The crime is slavery if the offender is not engaged supposed debt of his
in the business of prostitution. If he is, the crime parents or guardian
is white slave trade under Article 341. Limited to household Service is not limited
The employment or custody of a minor with the work or farm labor
consent of the parent or guardian, although
against the childs own will, cannot be
considered involuntary servitude. CHAPTER II: CRIMES AGAINST
But where it is proven that the defendant was SECURITY
obliged to render service in plaintiffs house as a
servant without remuneration whatever and to Article 275 - Abandonment of Persons
remain there so long as she has not paid her
debt, there is slavery.
in Danger and Abandonment of Own
See Special Law: RA 9208 (Anti-Trafficking of Victim
Person Act of 2003)
MODE 1: FAILING TO RENDER ASSISTANCE
Article 273 - Exploitation of Child Labor TO ANY PERSON WHOM THE OFFENDER
Elements: FINDS IN AN UNINHABITED PLACE,
(a) Offender retains a minor in his services; WOUNDED OR IN DANGER OF DYING WHEN
HE CAN RENDER SUCH ASSISTANCE
(b) It is against the will of the minor;
WITHOUT DETRIMENT TO HIMSELF, UNLESS
(c) It is under the pretext of reimbursing himself
SUCH OMISSION SHALL CONSTITUTE A
of a debt incurred by an ascendant, guardian
MORE SERIOUS OFFENSE.
or person entrusted with the custody of such
minor.

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Elements:
(a) The place is not inhabited;
(b) Accused found there a person wounded or in
danger of dying;
(c) Accused can render assistance without
detriment to himself;
(d) Accused fails to render assistance.
MODE 2: FAILING TO HELP OR RENDER
ASSISTANCE TO ANOTHER WHOM THE
OFFENDER HAS ACCIDENTALLY WOUNDED
OR INJURED;
MODE 3: BY FAILING TO DELIVER A CHILD,
UNDER SEVEN YEARS OF AGE, WHOM THE
OFFENDER HAS FOUND ABANDONED, TO
THE AUTHORITIES OR TO HIS FAMILY, OR BY
FAILING TO DELIVER HIM TO A SAFE PLACE.
Does not apply: When a person intentionally
wounds another and leaves him in an
uninhabited place.
Immaterial: That the offender did not know that
the child is under seven years.
The child under seven years of age must be found
by the accused in an unsafe place.
Article 276 - Abandoning a Minor
Elements:
(a) Offender has the custody of a child;
(b) The child is under seven years of age;
(c) He abandons such child;
(d) He has no intent to kill the child when the
latter is abandoned.
Circumstances qualifying the offense:
(1) When the death of the minor resulted
from such abandonment; or
(2) If the life of the minor was in danger
because of the abandonment.
The purpose in abandoning the minor under his
custody is to avoid the obligation of taking care
of said minor.
A permanent, conscious and deliberate
abandonment is required in this article. There
must be an interruption of the care and
protection the minor needs by reason of his age.
Intent to kill cannot be presumed from the death
of the child.
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CRIMINAL LAW
When there is intent to kill, this article does not
apply. The purpose in abandoning the minor
must be to avoid the obligation of taking care of
said minor
The ruling that the intent to kill is presumed from
the death of the victim of the crime is applicable
only to crimes against persons, and not to
crimes against security, particularly the crime of
abandoning a minor under Art. 276.
If the offender is the parent of the minor who is
abandoned, he shall be deprived of parental
authority. [Civil Code, Art. 332]
Article 277 - Abandonment of Minor by
Person Entrusted With Custody;
Indifference of Parents
MODE 1:DELIVERING A MINOR TO A PUBLIC
INSTITUTION OR OTHER PERSONS WITHOUT
THE CONSENT OF THE ONE WHO
ENTRUSTED SUCH MINOR TO THE CARE OF
THE OFFENDER OR, IN THE ABSENCE OF
THAT ONE, WITHOUT THE CONSENT OF THE
PROPER AUTHORITIES;
Elements:
(a) Offender has charge of the rearing or
education of a minor;
(b) He delivers said minor to a public institution or
other persons;
(c) The one who entrusted such child to the
offender has not consented to such act; or if
the one who entrusted such child to the
offender is absent, the proper authorities have
not consented to it.
MODE 2. NEGLECTING HIS (OFFENDERS)
CHILDREN BY NOT GIVING THEM THE
EDUCATION WHICH THEIR STATION IN LIFE
REQUIRES AND FINANCIAL CONDITION
PERMITS.
Elements:
(a) Offender is a parent;
(b) He neglects his children by not giving them
education;
(c) His station in life requires such education and
his financial condition permits it.
Obligation to educate children terminates, if the
mother and children refuse without good
reason to live with the accused.
UP LAW BOC
Failure to give education must be due to
deliberate desire to evade such obligation. If the
parents cannot give education because they
had no means to do so, then they will not be
liable under this article.
Article 278 - Exploitation of Minors
MODE 1. CAUSING ANY BOY OR GIRL UNDER
16 YEARS OF AGE TO PERFORM ANY
DANGEROUS FEAT OF BALANCING,
PHYSICAL STRENGTH OR CONTORTION, THE
OFFENDER BEING ANY PERSON;
MODE 2. EMPLOYING CHILDREN UNDER 16
YEARS OF AGE WHO ARE NOT THE
CHILDREN OR DESCENDANTS OF THE
OFFENDER IN EXHIBITIONS OF ACROBAT,
GYMNAST, ROPE-WALKER, DIVER, OR WILD-
ANIMAL TAMER, THE OFFENDER BEING AN
ACROBAT, ETC., OR CIRCUS MANAGER OR
ENGAGED IN A SIMILAR CALLING;
MODE 3. EMPLOYING ANY DESCENDANT
UNDER 12 YEARS OF AGE IN DANGEROUS
EXHIBITIONS ENUMERATED IN THE NEXT
PRECEDING PARAGRAPH, THE OFFENDER
BEING ENGAGED IN ANY OF THE SAID
CALLINGS;
MODE 4. DELIVERING A CHILD UNDER 16
YEARS OF AGE GRATUITOUSLY TO ANY
PERSON FOLLOWING ANY OF THE CALLINGS
ENUMERATED IN PARAGRAPH 2, OR TO ANY
HABITUAL VAGRANT OR BEGGAR, THE
OFFENDER BEING AN ASCENDANT,
GUARDIAN, TEACHER OR PERSON
ENTRUSTED IN ANY CAPACITY WITH THE
CARE OF SUCH CHILD;
MODE 5. INDUCING ANY CHILD UNDER 16
YEARS OF AGE TO ABANDON THE HOME OF
ITS ASCENDANTS, GUARDIANS, CURATORS
OR TEACHERS TO FOLLOW ANY PERSON
ENGAGED IN ANY OF THE CALLINGS
MENTIONED IN PARAGRAPH 2 OR TO
ACCOMPANY ANY HABITUAL VAGRANT OR
BEGGAR, THE OFFENDER BEING ANY
PERSON.
CRIMINAL LAW 2 CRIMINAL LAW
Circumstance qualifying the offense:
(1) If the delivery of the child to any person
following any of the calling of acrobat,
gymnast, rope-walker, diver, wild-animal
tamer or circus manager or to any habitual
vagrant or beggar is made in consideration of
any price, compensation or promise, the
penalty is higher.
(2) The offender is engaged in a kind of business
that would place the life or limb of the minor
in danger, even though working for him is not
against the will of the minor.
Nature of the Business: this involves circuses
which generally attract children so they
themselves may enjoy working there unaware of
the danger to their own lives and limbs.
Age: Must be below 16 years. Article 278 has no
application if minor is 16 years old and above,
but the exploitation will be dealt with by RA
7610.
If the employer is an ascendant, the crime is not
committed, unless the minor is less than 12
years old.
If the minor so employed would suffer some
injuries as a result of a violation of Article 278,
Article 279 provides that there would be
additional criminal liability for the resulting
felony.
EXPLOITATION OF INDUCING A MINOR TO
MINORS (RPC 278, ABANDON HIS HOME
PAR. 5) (RPC 271)
Purpose of inducing the No such purpose
minor to abandon his
home is to follow any
person engaged in any
of the callings
mentioned
Victim is under 16 years Victim is a minor (below
of age 18 years of age)
Article 280 - Qualified Trespass to
Dwelling
Elements
(a) Offender is a private person;
(b) He enters the dwelling of another;
(c) Such entrance is against the latters will.
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UP LAW BOC CRIMINAL LAW 2
DWELLING: This is the place that a person
inhabits. It includes the dependencies which have
interior communication with the house.
It is not necessary that it be the permanent
dwelling of the person; hence, a persons room
in a hotel may be considered a dwelling.
It also includes a room where one resides as a
boarder.
If the purpose in entering the dwelling is not
shown, trespass is committed.
If the purpose is shown, it may be absorbed in the
crime as in robbery with force upon things, the
trespass yielding to the more serious crime.
If the purpose is not shown and while inside the
dwelling he was found by the occupants, one
whom he subsequently injured if there was a
struggle, the crime committed will be trespass
to dwelling and frustrated homicide or physical
injuries, or if there was no injury, unjust
vexation.
If the entry is made by a way not intended for
entry, it is presumed to be against the will of the
occupant (example, entry through a window).
It is not necessary that there be a breaking.
Against the will: This means that the entrance
is, either expressly or impliedly, prohibited or the
prohibition is presumed.
It is a well-settled rule that whoever enters the
dwelling of another at late hour of the night
after the inmates have retired and closed their
doors does so against their will. Prohibition is
presumed. [US v Mesina; US v Panes]
Prohibition must be in existence prior to or at the
time of entrance, but prohibition is not
necessary when violence or intimidation is
employed by the offender (qualified trespass).
Fraudulent entrance may constitute trespass.
The prohibition to enter may be made at any
time and not necessarily at the time of the
entrance.
To prove that an entry is against the will of the
occupant, it is not necessary that the entry
should be preceded by an express prohibition,
provided that the opposition of the occupant is
clearly established by the circumstances under
which the entry is made, such as the existence
of enmity or strained relations between the
accused and the occupant.
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CRIMINAL LAW
Offender is public officer: crime is violation of
domicile.
No overt act of the crime intended to be
committed: Crime is trespass to dwelling.
Examples of trespass by means of violence:
(1) Pushing the door violently and
maltreating the occupants after entering.
(2) Cutting of a ribbon or string with which
the door latch of a closed room was
fastened. The cutting of the fastenings of the
door was an act of violence.
(3) Wounding by means of a bolo, the owner
of the house immediately after entrance
Examples of trespass by means of intimidation:
(1) Firing a revolver in the air by persons
attempting to force their way into a house.
(2) The flourishing of a bolo against inmates
of the house upon gaining an entrance
In the prosecution for trespass, the material fact
or circumstance to be considered is the
occurrence of the trespass. The gravamen of the
crime is violation of possession or the fact of
having caused injury to the right of the
possession. [Marzalado v. People]
If a person was killed after trespass by the
offender, the following crimes are committed:
(1) If there was no intent to kill when he
entered separate crimes of homicide or
murder qualified by trespass to dwelling
(2) If there was intent to kill when he entered
the crime of homicide/murder with
dwelling as an aggravating circumstance
Trespass may be committed by the owner of a
dwelling (i.e. lessor enters the house leased to
another against the latters will)
Cases to which the provision of this article is NOT
applicable:
(1) If the entrance to anothers dwelling is
made for the purpose of preventing some
serious harm to himself, the occupants of
the dwelling, or a third person.
(2) If the purpose is to render some service to
humanity or justice.
(3) If the place where entrance is made is a
caf, tavern, inn, and other public house,
while the same are open.
Note: A person who believes that a crime has
been committed against him has every right to
go after the culprit and arrest him without any
warrant even if in the process he enters the
house of another against the latters will. [Sec.
6, Rule 113, Rules of Court]
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

(b) That such wrong amounts to a crime.

Article 281 - Other Forms of Trespass
Elements:
(a) Offender enters the closed premises or the
fenced estate of another;
(b) The entrance is made while either of them is
uninhabited;
(c) The prohibition to enter is manifest;
(d) The trespasser has not secured the permission
of the owner or the caretaker thereof.
Premises signifies distinct and definite locality.
It may mean a room, shop, building or definite
area, but in either case, locality is fixed.
(c) That there is a demand for money or that any
other condition is imposed, even though not
unlawful.
(d) That the offender attains his purpose.
MODE 2: MAKING SUCH THREAT WITHOUT
THE OFFENDER ATTAINING HIS PURPOSE;
MODE 3: THREATENING ANOTHER WITH THE
INFLICTION UPON HIS PERSON, HONOR OR
PROPERTY OR THAT OF HIS FAMILY OF ANY
WRONG AMOUNTING TO A CRIME, THE
THREAT NOT BEING SUBJECT TO A
CONDITION.

Qualified trespass to Other forms of trespass Elements:

dwelling (Art. 280) (Art. 281) (a) That the offender threatens another person
with the infliction upon the latters person,
Offender is a private The offender is any honor or property, or upon that of the latters
person person family, of any wrong.
Offender enters a Offender enters closed (b) That such wrong amounts to a crime.
dwelling premises or fenced (c) That the threat is not subject to a condition.
estate
Qualifying Circumstance: If threat was made
Place entered is Place entered is
(1) in writing OR
inhabited uninhabited
(2) through a middleman.
Act constituting the It is the entering the It is essential that there be intimidation.
crime is entering the closed premises or the As the crime consists in threatening another with
dwelling against the fenced estate without some future harm, it is not necessary that the
will of the owner securing the permission offended party was present at the time the
of the owner or threats were made. It is sufficient that the
caretaker thereof threats, came to the knowledge of the offended
Prohibition to enter is Prohibition to enter party.
express or implied must be manifest When consummated: As soon as the threats
came to the knowledge of the offended party.
Threats made in connection with the commission
Article 282 - Grave Threats of other crimes are absorbed by the latter.
MODE 1: THREATENING ANOTHER WITH THE The offender in grave threats does not demand
INFLICTION UPON HIS PERSON, HONOR OR the delivery on the spot of the money or other
PROPERTY OR THAT OF THIS FAMILY OF ANY personal property demanded by him. When
WRONG AMOUNTING TO A CRIME AND threats are made and money is taken on the
DEMANDING MONEY OR IMPOSING ANY spot, the crime may be robbery with
OTHER CONDITION, EVEN THOUGH NOT intimidation.
UNLAWFUL, AND THE OFFENDER ATTAINED The penalties for the first two types of grave
HIS PURPOSE; threats depend upon the penalties for the
crimes threatened to be committed. One degree
Elements: lower if the purpose is attained, and two
(a) That the offender threatens another person degrees lower if the purpose is not attained.
with the infliction upon the latters person, If the threat is not subject to a condition, the
honor or property, or upon that of the latters penalty is fixed at arresto mayor and a fine not
family, of any wrong. exceeding 500 pesos.

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In the first two types, if the threat is made in NOT a distinct penalty A distinct penalty
writing or through a middleman, the penalty is
to be imposed in its maximum period.
Article 285 Other Light Threats
The third type of grave threats must be serious
and deliberate; the offender must persist in the MODE 1. THREATENING ANOTHER WITH A
idea involved in his threats. The threat should WEAPON, OR BY DRAWING SUCH WEAPON
not be made in the heat of anger, because such IN A QUARREL, UNLESS IT BE IN LAWFUL
is punished under Article 285. If the condition is SELF-DEFENSE;
not proved, it is grave threats of the third type.
MODE 2. ORALLY THREATENING ANOTHER,
Article 283 - Light Threats IN THE HEAT OF ANGER, WITH SOME HARM
CONSTITUTING A CRIME, WITHOUT
Elements: PERSISTING IN THE IDEA INVOLVED IN HIS
(a) Offender makes a threat to commit a wrong; THREAT;
(b) The wrong does not constitute a crime;
(c) There is a demand for money or that other MODE 3. ORALLY THREATENING TO DO
condition is imposed, even though not ANOTHER ANY HARM NOT CONSTITUTING A
unlawful; FELONY.
(d) Offender has attained his purpose or, that he
has not attained his purpose. Under the first type, the subsequent acts of the
offender must show that he did not persist in
The harm threatened must not be in the nature of the idea involved in the threat.
crime and there is a demand for money or any Threats which are ordinarily grave threats, if
other condition is imposed, even though lawful. made in the heat of anger, may be other light
Blackmailing may be punished under this article. threats.
If the threats are directed to a person who is
Grave threats Light threats absent and uttered in a temporary fit of anger,
Act threatened Act threatened does the offense is only other light threats.
amounts to a crime not amount to a crime
OTHER LIGHT GRAVE THREATS AND
THREATS LIGHT THREATS
Article 284 - Bond for Good Behavior
No demand for money In certain cases,
When a person is required to give bail bond: demand for money is
(1) When he threatens another under the material
circumstances mentioned in Art. 282. No condition imposed In certain cases,
(2) When he threatens another under the imposed condition is
circumstances mentioned in Art. 283. material.

Bond for Good Behavior Bond to Keep the Peace Threat is not deliberate Threat is deliberate
Applicable only to Not made applicable to
grave & light threats any particular case
If offender fails to give If the offender fails to
bail, he shall be give bond, he shall be
sentenced to destierro detained for a period
not exceeding 6
months (if prosecuted
for grave/less grave
felony) or not exceeding
30 days (light felony)

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Article 286 - Grave Coercions
MODE 1: PREVENTING ANOTHER, BY MEANS
OF VIOLENCE, THREATS OR INTIMIDATION,
FROM DOING SOMETHING NOT PROHIBITED
BY LAW;
MODE 2: COMPELLING ANOTHER, BY MEANS
OF VIOLENCE, THREATS OR INTIMIDATION,
TO DO SOMETHING AGAINST HIS WILL,
WHETHER IT BE RIGHT OR WRONG.
Elements:
(a) A person prevented another from doing
something not prohibited by law, or that he
compelled him to do something against his
will; be it right or wrong;
(b) The prevention or compulsion be effected by
violence, threats or intimidation; and
(c) 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.
Two ways of committing Grave Coercion:
(1) Preventive - by preventing another, by means
of violence, threats, or intimidation, from
doing something not prohibited by law
(2) Compulsive Compelling another, by means
of violence, threats, or intimidation, to do
something against his will, whether it be right
or wrong
Purpose of the Law: To enforce the principle that
no person may take the law into his hands, and
that our government is one of law, not of men.
Arises only if the act which the offender
prevented another to do is not prohibited by law
or ordinance.
If a person prohibits another to do an act because
the act is a crime, even though some sort of
violence or intimidation is employed, it would
not give rise to grave coercion. It may only give
rise to threat or physical injuries, if some injuries
are inflicted.
In case of 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.
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CRIMINAL LAW
A public officer who shall prevent by means of
violence or threats the ceremonies or
manifestations of any religion is guilty of
interruption of religious worship [Art. 132].
Any person who, by force, prevents the meeting
of a legislative body is liable under Art. 143.
Any person who shall use force or intimidation to
prevent any member of Congress from
attending the meetings thereof, expressing his
opinions, or casting his vote is liable under Art.
145.
The crime is not grave coercion when the violence
is employed to seize anything belonging to the
debtor of the offender. It is light coercion under
Art. 287.
Coercion is consummated even if the offended
party did not accede to the purpose of coercion.
The owner of a thing has no right to prohibit the
interference of another with the same, if the
interference is necessary to avert an imminent
danger and the threatened damage, compared
to the damage arising to the owner from the
interference, is much greater. [Art. 432, Civil
Code]
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. The complainant
may have acted reluctantly and with hesitation,
but still, it was voluntary. [Lee v. CA]
Article 287 - Light Coercions
Elements:
(a) Offender must be a creditor;
(b) He seizes anything belonging to his debtor:
(c) The seizure of the thing be accomplished by
means of violence or a display of material
force producing intimidation;
(d) The purpose of the offender is to apply the
same to the payment of the debt.
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.
UP LAW BOC CRIMINAL LAW 2
Unjust Vexation: Any act committed without
violence, but which unjustifiably annoys or vexes
an innocent person amounts to light coercion. It
should include any human conduct which,
although not productive of some physical or
material harm would, however, unjustifiably
annoy or vex an innocent person.
Unjust Vexation is distinguished from grave
coercion by the absence of violence.
THREATS COERCION
Intimidation is essential Intimidation or violence
is the essence of the
crime
Intimidation is future Force or violence must
and conditional be imminent, actual,
and immediate
Intimidation is directed Intimidation is directed
against the victim or his against the victim only
family
Article 288 - Other Similar Coercions
MODE 1. 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:
(a) Offender is any person, agent or officer of any
association or corporation;
(b) He or such firm or corporation has employed
laborers or employees;
(c) 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.
MODE 2. PAYING THE WAGES DUE HIS
LABORER OR EMPLOYEE BY MEANS OF
TOKENS OR OBJECT OTHER THAN THE
LEGAL TENDER CURRENCY OF THE
PHILIPPINES, UNLESS EXPRESSLY
REQUESTED BY SUCH LABORER OR
EMPLOYEE.
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CRIMINAL LAW
Elements:
(a) Offender pays the wages due a laborer or
employee employed by him by means of
tokens or object;
(b) Those tokens or objects are other than the
legal tender currency of the Philippines;
(c) Such employee or laborer does not expressly
request that he be paid by means of tokens or
objects.
General rule: wages shall be paid in legal tender
and the use of tokens, promissory notes,
vouchers, coupons or any other forms alleged to
represent legal tender is absolutely prohibited
even when expressly requested by the
employee. [Section 1, Rule VIII, Book III, Omnibus
Rules Implementing the Labor Code]
No employer shall limit or otherwise interfere
with the freedom of any employee to dispose of
his wages. He shall not in any manner force,
compel, oblige his employees to purchase
merchandise, commodities or other property
from the employer or from any other person.
[Art. 112, Labor Code.]
Article 289 - Formation, Maintenance,
and Prohibition of Combination of
Capital or Labor through Violence or
Threats
Elements:
(a) 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;
(b) The purpose is to organize, maintain or
prevent coalitions of capital or labor, strike of
laborers or lockout of employers.
Repealed by the Labor Code.
UP LAW BOC CRIMINAL LAW 2
CHAPTER III: DISCOVERY AND
REVELATION OF SECRETS
Article 290 - Discovering Secrets
through Seizure of Correspondence
Elements:
(a) Offender is a private individual or even a
public officer not in the exercise of his official
function;
(b) He seizes the papers or letters of another;
(c) The purpose is to discover the secrets of such
another person;
(d) Offender is informed of the contents of the
papers or letters seized.
This is a crime against the security of ones
papers and effects. The purpose must be to
discover its effects. The act violates the privacy
of communication.
According to Dean Ortega, it is not necessary that
the offender should actually discover the
contents of the letter. Reyes, citing People v.
Singh, CA, 40 OG, Suppl. 5, 35, believes
otherwise.
The last paragraph of Article 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.
Distinction from estafa, damage to property, and
unjust vexation:
(1) If the act had been executed with intent to
gain, it would be estafa;
(2) If, on the other hand, the purpose was not to
defraud, but only to cause damage to another, it
would merit the qualification of damage to
property;
(3) 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, the act should be
considered as unjust vexation.
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CRIMINAL LAW
Article 291 - Revealing Secrets with
Abuse of Office
Elements:
(a) Offender is a manager, employee or servant;
(b) He learns the secrets of his principal or master
in such capacity;
(c) He reveals such secrets.
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 master suffered damages.
Essence of this crime is that the offender learned
of the secret in the course of his employment.
He is enjoying a confidential relation with the
employer or master so he should respect the
privacy of matters personal to the latter.
Reason: no one has a right to the personal
privacy of another.
Article 292 - Revelation of Industrial
Secrets
Elements:
(a) Offender is a person in charge, employee or
workman of a manufacturing or industrial
establishment;
(b) The manufacturing or industrial
establishment has a secret of the industry which
the offender has learned;
(c) Offender reveals such secrets;
(d) Prejudice is caused to the owner.
Secrets must relate to manufacturing processes.
The act constituting the crime is revealing the
secret of the industry which the offender has
learned.
The revelation of the secret might be made after
the employee or workman had ceased to be
connected with the establishment.
Prejudice is an element of the offense.
SPECIAL LAWS
RA 4200 (Anti Wire Tapping Act)
Punishable Acts:
Section 1. It shall be unlawful for any person, not
being authorized by all the parties to any private
communication or spoken word, to tap any wire
UP LAW BOC CRIMINAL LAW 2
or cable, or by using any other device or
arrangement, to secretly overhear, intercept, or
record such communication or spoken word by
using a device commonly known as a dictaphone
or dictagraph or dictaphone or walkie-talkie or
tape recorder, or however otherwise described:
It shall also be unlawful for any person, be he a
participant or not in the act or acts penalized in
the next preceding sentence, to knowingly
possess any tape record, wire record, disc record,
or any other such record, or copies thereof, of any
communication or spoken word secured either
before or after the effective date of this Act in the
manner prohibited by this law; or to replay the
same for any other person or persons; or to
communicate the contents thereof, either
verbally or in writing, or to furnish transcriptions
thereof, whether complete or partial, to any other
person: Provided, That the use of such record or
any copies thereof as evidence in any civil,
criminal investigation or trial of offenses
mentioned in section 3 hereof, shall not be
covered by this prohibition.
Section 2. Any person who willfully or knowingly
does or who shall aid, permit, or cause to be done
any of the acts declared to be unlawful in the
preceding section or who violates the provisions
of the following section or of any order issued
thereunder, or aids, permits, or causes such
violation shall, upon conviction thereof, be
punished by imprisonment for not less than six
months or more than six years and with the
accessory penalty of perpetual absolute
disqualification from public office if the offender
be a public official at the time of the commission
of the offense, and, if the offender is an alien he
shall be subject to deportation proceedings.
Exceptions:
Section 3. Nothing contained in this Act, however,
shall render it unlawful or punishable for any
peace officer, who is authorized by a written order
of the Court, to execute any of the acts declared
to be unlawful in the two preceding sections in
cases involving the crimes of treason, espionage,
provoking war and disloyalty in case of war,
piracy, mutiny in the high seas, rebellion,
conspiracy and proposal to commit rebellion,
inciting to rebellion, sedition, conspiracy to
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commit sedition, inciting to sedition, kidnapping
as defined by the Revised Penal Code, and
violations of Commonwealth Act No. 616,
punishing espionage and other offenses against
national security: Provided, That such written
order shall only be issued or granted upon
written application and the examination under
oath or affirmation of the applicant and the
witnesses he may produce and a showing: (1) that
there are reasonable grounds to believe that any
of the crimes enumerated hereinabove has been
committed or is being committed or is about to
be committed: Provided, however, That in cases
involving the offenses of rebellion, conspiracy and
proposal to commit rebellion, inciting to
rebellion, sedition, conspiracy to commit sedition,
and inciting to sedition, such authority shall be
granted only upon prior proof that a rebellion or
acts of sedition, as the case may be, have actually
been or are being committed; (2) that there are
reasonable grounds to believe that evidence will
be obtained essential to the conviction of any
person for, or to the solution of, or to the
prevention of, any of such crimes; and (3) that
there are no other means readily available for
obtaining such evidence.
RA 9327 (Human Security Act)
Surveillance of Suspects and Interception and
Recording of Communications
SEC. 7. Surveillance of Suspects and Interception
and Recording of Communications. - The
provisions of Republic Act No. 4200 (Anti-wire
Tapping Law) to the contrary notwithstanding, a
police or law enforcement official and the
members of his team may, upon a written order
of the Court of Appeals, listen to, intercept and
record, with the use of any mode, form, kind or
type of electronic or other surveillance equipment
or intercepting and tracking devices, or with the
use of any other suitable ways and means for that
purpose, any communication, message,
conversation, discussion, or spoken or written
words between members of a judicially declared
and outlawed terrorist organization, association,
or group of persons or of any person charged with
or suspected of the crime of terrorism or
conspiracy to commit terrorism.
Provided, That surveillance, interception and
recording of communications between lawyers
UP LAW BOC CRIMINAL LAW 2
and clients, doctors and patients, journalists and
their sources and confidential business
correspondence shall not be authorized.
SEC. 8. Formal Application for Judicial
Authorization. - The written order of the
authorizing division of the Court of Appeals to
track down, tap, listen to, intercept, and record
communications, messages, conversations,
discussions, or spoken or written words of any
person suspected of the crime of terrorism or the
crime of conspiracy to commit terrorism shall
only be granted by the authorizing division of the
Court of Appeals upon an ex parte written
application of a police or of a law enforcement
official who has been duly authorized in writing
by the Anti-Terrorism Council created in Section
53 of this Act to file such ex parte application,
and upon examination under oath or affirmation
of the applicant and the witnesses he may
produce to establish: (a) that there is probable
cause to believe based on personal knowledge of
facts or circumstances that the said crime of
terrorism or conspiracy to commit terrorism has
been committed, or is being committed, or is
about to be committed; (b) that there is probable
cause to believe based on personal knowledge of
facts or circumstances that evidence, which is
essential to the conviction of any charged or
suspected person for, or to the solution or
prevention of, any such crimes, will be obtained;
and, (c) that there is no other effective means
readily available for acquiring such evidence.
SEC. 9. Classification and Contents of the Order of
the Court. - The written order granted by the
authorizing division of the Court of Appeals as
well as its order, if any, to extend or renew the
same, the original application of the applicant,
including his application to extend or renew, if
any, and the written authorizations of the Anti-
Terrorism Council shall be deemed and are
hereby declared as classified information:
Provided, That the person being surveilled or
whose communications, letters, papers,
messages, conversations. Discussions, spoken or
written words and effects have been monitored,
listened to, bugged or recorded by law
enforcement authorities has the right to be
informed of the acts done by the law enforcement
authorities in the premises or to challenge, if he
or she intends to do so, the legality of the
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interference before the Court of Appeals which
issued the written order. The written order of the
authorizing division of the Court of Appeals shall
specify the following: (a) the identity, such as
name and address, if known, of the charged or
suspected person whose communications,
messages, conversations, discussions, or spoken
or written words are to be tracked down, tapped,
listened to, intercepted, and recorded and, in the
case of radio, electronic, or telephonic (whether
wireless or otherwise) communications,
messages, conversations, discussions, or spoken
or written words, the electronic transmission
systems or the telephone numbers to be tracked
down, tapped, listened to, intercepted, and
recorded and their locations or if the person
suspected of the crime of terrorism or conspiracy
to commit terrorism is not fully known, such
person shall be subject to continuous surveillance
provided there is a reasonable ground to do so;
(b) the identity (name, address, and the police or
law enforcement organization) of the police or of
the law enforcement official, including the
individual identity (names, addresses, and the
police or law enforcement organization) of the
members of his team, judicially authorized to
track down, tap, listen to, intercept, and record
the communications, messages, conversations,
discussions, or spoken or written words; (c) the
offense or offenses committed, or being
committed, or sought to be prevented; and, (d)
the length of time within which the authorization
shall be used or carried out.
SEC. 10. Effective Period of Judicial Authorization. -
Any authorization granted by the authorizing
division of the Court of Appeals, pursuant to Sec.
9 (d) of this Act, shall only be effective for the
length of time specified in the written order of the
authorizing division of the Court of Appeals,
which shall not exceed a period of thirty (30) days
from the date of receipt of the written order of the
authorizing division of the Court of Appeals by
the applicant police or law enforcement official.
The authorizing division of the Court of Appeals
may extend or renew the said authorization for
another non-extendible period, which shall not
exceed thirty (30) days from the expiration of the
original period: Provided, That the authorizing
division of the Court of Appeals is satisfied that
such extension or renewal is in the public interest:
UP LAW BOC CRIMINAL LAW 2
and Provided, further, That the ex parte
application for extension or renewal, which must
be filed by the original applicant, has been duly
authorized in writing by the Anti-Terrorism
Council.
In case of death of the original applicant or in
case he is physically disabled to file the
application for extension or renewal, the one next
in rank to the original applicant among the
members of the team named in the original
written order of the authorizing division of the
Court of Appeals shall file the application for
extension or renewal: Provided, That, without
prejudice to the liability of the police or law
enforcement personnel under Section 20 hereof,
the applicant police or law enforcement official
shall have thirty (30) days after the termination of
the period granted by the Court of Appeals as
provided in the preceding paragraphs within
which to file the appropriate case before the
Public Prosecutors Office for any violation of this
Act.
If no case is filed within the thirty (30)-day period,
the applicant police or law enforcement official
shall immediately notify the person subject of the
surveillance, interception and recording of the
termination of the said surveillance, interception
and recording. The penalty of ten (10) years and
one day to twelve (12) years of imprisonment shall
be imposed upon the applicant police or law
enforcement official who fails to notify the person
subject of the surveillance, monitoring,
interception and recording as specified above.
SEC. 11. Custody of Intercepted and Recorded
Communications. - All tapes, discs, and
recordings made pursuant to the authorization of
the authorizing division of the Court of Appeals,
including all excerpts and summaries thereof as
well as all written notes or memoranda made in
connection therewith, shall, within forty-eight
(48) hours after the expiration of the period fixed
in the written order of the authorizing division of
the Court of Appeals or within forty-eight (48)
hours after the expiration of any extension or
renewal granted by the authorizing division of the
Court of Appeals, be deposited with the
authorizing Division of the Court of Appeals in a
sealed envelope or sealed package, as the case
may be, and shall be accompanied by a joint
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affidavit of the applicant police or law
enforcement official and the members of his
team.
In case of death of the applicant or in case he is
physically disabled to execute the required
affidavit, the one next in rank to the applicant
among the members of the team named in the
written order of the authorizing division of the
Court of Appeals shall execute with the members
of the team that required affidavit.
It shall be unlawful for any person, police officer
or any custodian of the tapes, discs and
recording, and their excerpts and summaries,
written notes or memoranda to copy in whatever
form, to remove, delete, expunge, incinerate,
shred or destroy in any manner the items
enumerated above in whole or in part under any
pretext whatsoever.
Any person who removes, deletes, expunges
incinerates, shreds or destroys the items
enumerated above shall suffer a penalty of not
less than six (6) years and one day to twelve (12)
years of imprisonment.
SEC. 12. Contents of Joint Affidavit. - The joint
affidavit of the police or of the law enforcement
official and the individual members of his team
shall state: (a) the number of tapes, discs, and
recordings that have been made, as well as the
number of excerpts and summaries thereof and
the number of written notes and memoranda, if
any, made in connection therewith; (b) the dates
and times covered by each of such tapes, discs,
and recordings; (c) the number of tapes, discs,
and recordings, as well as the number of excerpts
and summaries thereof and the number of
written notes and memoranda made in
connection therewith that have been included in
the deposit; and (d) the date of the original
written authorization granted by the Anti-
Terrorism Council to the applicant to file the ex
parte application to conduct the tracking down,
tapping, intercepting, and recording, as well as
the date of any extension or renewal of the
original written authority granted by the
authorizing division of the Court of Appeals.
The joint affidavit shall also certify under oath
that no duplicates or copies of the whole or any
UP LAW BOC CRIMINAL LAW 2
part of any of such tapes, discs, and recordings,
and that no duplicates or copies of the whole or
any part of any of such excerpts, summaries,
written notes, and memoranda, have been made,
or, if made, that all such duplicates and copies
are included in the sealed envelope or sealed
package, as the case may be, deposited with the
authorizing division of the Court of Appeals.
It shall be unlawful for any person, police or law
enforcement official to omit or exclude from the
joint affidavit any item or portion thereof
mentioned in this Section.
Any person, police or law enforcement officer who
violates any of the acts proscribed in the
preceding paragraph shall suffer the penalty of
not less than ten (10) years and one day to twelve
(12) years of imprisonment.
SEC. 13. Disposition of Deposited Materials. - The
sealed envelope or sealed package and the
contents thereof, which are deposited with the
authorizing division of the Court of Appeals, shall
be deemed and are hereby declared classified
information, and the sealed envelope or sealed
package shall not be opened and its contents
(including the tapes, discs, and recordings and all
the excerpts and summaries thereof and the
notes and memoranda made in connection
therewith) shall not be divulged, revealed, read,
replayed, or used as evidence unless authorized
by written order of the authorizing division of the
Court of Appeals, which written order shall be
granted only upon a written application of the
Department of Justice filed before the authorizing
division of the Court of Appeals and only upon a
showing that the Department of Justice has been
duly authorized in writing by the Anti-Terrorism
Council to file the application with proper written
notice to the person whose conversation,
communication, message discussion or spoken or
written words have been the subject of
surveillance, monitoring, recording and
interception to open, reveal, divulge, and use the
contents of the sealed envelope or sealed
package as evidence.
Any person, law enforcement official or judicial
authority who violates his duty to notify in writing
the persons subject of the surveillance as defined
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above shall suffer the penalty of six (6) years and
one day to eight (8) years of imprisonment.
SEC. 14. Application to Open Deposited Sealed
Envelop or Sealed Package. - The written
application with notice to the party concerned to
open the deposited sealed envelope or sealed
package shall clearly state the purpose or reason:
(a) for opening the sealed envelope or sealed
package; (b) for revealing or disclosing its
classified contents; (c) for replaying, divulging,
and or reading any of the listened to, intercepted,
and recorded communications, messages,
conversations, discussions, or spoken or written
words (including any of the excerpts and
summaries thereof and any of the notes or
memoranda made in connection therewith); and,
(d) for using any of said listened to, intercepted,
and recorded communications, messages,
conversations, discussions, or spoken or written
words (including any of the excerpts and
summaries thereof and any of the notes or
memoranda made in connection therewith) as
evidence.
Any person, law enforcement official or judicial
authority who violates his duty to notify as
defined above shall suffer the penalty of six (6)
years and one day to eight (8) years of
imprisonment.
SEC. 15. Evidentiary Value of Deposited Materials. -
Any listened to, intercepted, and recorded
communications, messages, conversations,
discussions, or spoken or written words, or any
part or parts thereof, or any information or fact
contained therein, including their existence,
content, substance, purport, effect, or meaning,
which have been secured in violation of the
pertinent provisions of this Act, shall absolutely
not be admissible and usable as evidence against
anybody in any judicial, quasi-judicial, legislative,
or administrative investigation, inquiry,
proceeding, or hearing.
SEC. 16. Penalty for Unauthorized or malicious
Interceptions and/or Recordings. - Any police or
law enforcement personnel who, not being
authorized to do so by the authorizing division of
the Court of Appeals, tracks down, taps, listens
to, intercepts, and records in whatever manner or
form any communication, message, conversation,
UP LAW BOC CRIMINAL LAW 2
discussion, or spoken or written word of a person
charged with or suspected of the crime of
terrorism or the crime of conspiracy to commit
terrorism shall be guilty of an offense and shall
suffer the penalty of ten (10) years and one day to
twelve (12) years of imprisonment.
In addition to the liability attaching to the
offender for the commission of any other offense,
the penalty of ten (10) years and one day to
twelve (12) years of imprisonment and the
accessory penalty of perpetual absolute
disqualification from public office shall be
imposed upon any police or law enforcement
personnel who maliciously obtained an authority
from the Court of Appeals to track down, tap,
listen to, intercept, and record in whatever
manner or form any communication, message,
conversation, discussion, or spoken or written
words of a person charged with or suspected of
the crime of terrorism or conspiracy to commit
terrorism: Provided, That notwithstanding
Section 13 of this Act, the party aggrieved by such
authorization shall be allowed access to the
sealed envelope or sealed package and the
contents thereof as evidence for the prosecution
of any police or law enforcement personnel who
maliciously procured said authorization.
Restriction on Travel
SEC. 26. Restriction on Travel. In cases where
evidence of guilt is not strong, and the person
charged with the crime of terrorism or conspiracy
to commit terrorism is entitled to bail and is
granted the same, the court, upon application by
the prosecutor, shall limit the right of travel of the
accused to within the municipality or city where
he resides or where the case is pending, in the
interest of national security and public safety,
consistent with Article III, Section 6 of the
Constitution. Travel outside of said municipality
or city, without the authorization of the court,
shall be deemed a violation of the terms and
conditions of his bail, which shall then be
forfeited as provided under the Rules of Court.
He or she may also be placed under house arrest
by order of the court at his or her usual place of
residence.
While under house arrest, he or she may not use
telephones, cellphones, e-mails, computers, the
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internet or other means of communications with
people outside the residence until otherwise
ordered by the court.
The restrictions abovementioned shall be
terminated upon the acquittal of the accused or
of the dismissal of the case filed against him or
earlier upon the discretion of the court on motion
of the prosecutor or of the accused.
Examination of Bank Deposits and Documents
Judicial Authorization
SEC. 27. Judicial Authorization Required to
Examine Bank Deposits, Accounts, and Records. -
The provisions of Republic Act No. 1405 as
amended, to the contrary notwithstanding, the
justices of the Court of Appeals designated as a
special court to handle anti-terrorism cases after
satisfying themselves of the existence of probable
cause in a hearing called for that purpose that (1)
a person charged with or suspected of the crime
of terrorism or conspiracy to commit terrorism, (2)
of a judicially declared and outlawed terrorist
organization, association, or group of persons,
and (3) of a member of such judicially declared
and outlawed organization, association, or group
of persons, may authorize in writing any police or
law enforcement officer and the members of
his/her team duly authorized in writing by the
anti-terrorism council to: (a) examine, or cause
the examination of, the deposits, placements,
trust accounts, assets and records in a bank or
financial institution; and (b) gather or cause the
gathering of any relevant information about such
deposits, placements, trust accounts, assets, and
records from a bank or financial institution. The
bank or financial institution concerned shall not
refuse to allow such examination or to provide
the desired information, when so ordered by and
served with the written order of the Court of
Appeals.
Application
SEC. 28. Application to Examine Bank Deposits,
Accounts, and Records. - The written order of the
Court of Appeals authorizing the examination of
bank deposits, placements, trust accounts,
assets, and records: (1) of a person charged with
or suspected of the crime of terrorism or
conspiracy to commit terrorism, (2) of any
judicially declared and outlawed terrorist
organization, association, or group of persons, or
UP LAW BOC CRIMINAL LAW 2
(3) of any member of such organization,
association, or group of persons in a bank or
financial institution, and the gathering of any
relevant information about the same from said
bank or financial institution, shall only be granted
by the authorizing division of the Court of
Appeals upon an ex parte application to that
effect of a police or of a law enforcement official
who has been duly authorized in writing to file
such ex parte application by the Anti-Terrorism
Council created in Section 53 of this Act to file
such ex parte application, and upon examination
under oath or affirmation of the applicant and the
witnesses he may produce to establish the facts
that will justify the need and urgency of
examining and freezing the bank deposits,
placements, trust accounts, assets, and records:
(1) of the person charged with or suspected of the
crime of terrorism or conspiracy to commit
terrorism, (2) of a judicially declared and
outlawed terrorist organization, association or
group of persons, or (3) of any member of such
organization, association, or group of persons.
SEC. 29. Classification and Contents of the Court
Order Authorizing the Examination of Bank
Deposits, Accounts, and Records. - The written
order granted by the authorizing division of the
Court of Appeals as well as its order, if any, to
extend or renew the same, the original ex parte
application of the applicant, including his ex
parte application to extend or renew, if any, and
the written authorizations of the Anti Terrorism
Council, shall be deemed and are hereby
declared as classified information: Provided, That
the person whose bank deposits, placements,
trust accounts, assets, and records have been
examined, frozen, sequestered and seized by law
enforcement authorities has the right to be
informed of the acts done by the law enforcement
authorities in the premises or to challenge, if he
or she intends to do so, the legality of the
interference. The written order of the authorizing
division of the Court of Appeals designated to
handle cases involving terrorism shall specify: (a)
the identity of the said: (1) person charged with or
suspected of the crime of terrorism or conspiracy
to commit terrorism, (2) judicially declared and
outlawed terrorist organization, association, or
group of persons, and (3) member of such
judicially declared and outlawed organization,
association, or group of persons, as the case may
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be, whose deposits, placements, trust accounts,
assets, and records are to be examined or the
information to be gathered; (b) the identity of the
bank or financial institution where such deposits,
placements, trust accounts, assets, and records
are held and maintained; (c) the identity of the
persons who will conduct the said examination
and the gathering of the desired information;
and, (d) the length of time the authorization shall
be carried out.
SEC. 30. Effective Period of Court Authorization to
Examine and Obtain Information on Bank
Deposits, Accounts, and Records. - The
authorization issued or granted by the
authorizing division of the Court of Appeals to
examine or cause the examination of and to
freeze bank deposits, placements, trust accounts,
assets, and records, or to gather information
about the same, shall be effective for the length
of time specified in the written order of the
authorizing division of the Court of Appeals,
which shall not exceed a period of thirty (30) days
from the date of receipt of the written order of the
authorizing division of the Court of Appeals by
the applicant police or law enforcement official.
The authorizing division of the Court of Appeals
may extend or renew the said authorization for
another period, which shall not exceed thirty (30)
days renewable to another thirty (30) days from
the expiration of the original period, provided that
the authorizing division of the Court of Appeals is
satisfied that such extension or renewal is in the
public interest, and provided further that the
application for extension or renewal, which must
be filed by the original applicant, has been duly
authorized in writing by the Anti-Terrorism
Council.
In case of death of the original applicant or in
case he is physically disabled to file the
application for extension or renewal, the one next
in rank to the original applicant among the
members of the team named in the original
written order of the authorizing division of the
Court of Appeals shall file the application for
extension or renewal: Provided, That, without
prejudice to the liability of the police or law
enforcement personnel under Section 19 hereof,
the applicant police or law enforcement official
shall have thirty (30) days after the termination of
UP LAW BOC CRIMINAL LAW 2
the period granted by the Court of Appeals as
provided in the preceding paragraphs within
which to file the appropriate case before the
Public Prosecutors Office for any violation of this
Act.
If no case is filed within the thirty (30)-day period,
the applicant police or law enforcement official
shall immediately notify in writing the person
subject of the bank examination and freezing of
bank deposits, placements, trust accounts, assets
and records. The penalty of ten (10) years and one
day to twelve (12) years of imprisonment shall be
imposed upon the applicant police or law
enforcement official who fails to notify in writing
the person subject of the bank examination and
freezing of bank deposits, placements, trust
accounts, assets and records.
Any person, law enforcement official or judicial
authority who violates his duty to notify in writing
as defined above shall suffer the penalty of six (6)
years and one day to eight (8) years of
imprisonment.
SEC. 31. Custody of Bank Data and Information
Obtained after Examination of Deposits,
Placements, Trust Accounts, Assets and Records. -
All information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, and other
documents obtained from the examination of the
bank deposits, placements, trust accounts, assets
and records of: (1) a person charged with or
suspected of the crime of terrorism or the crime
of conspiracy to commit terrorism, (2) a judicially
declared and outlawed terrorist organization,
association, or group of persons, or (3) a member
of any such organization, association, or group of
persons shall, within forty-eight (48) hours after
the expiration of the period fixed in the written
order of the authorizing division of the Court of
Appeals or within forty-eight (48) hours after the
expiration of the extension or renewal granted by
the authorizing division of the Court of Appeals,
be deposited with the authorizing division of the
Court of Appeals in a sealed envelope or sealed
package, as the case may be, and shall be
accompanied by a joint affidavit of the applicant
police or law enforcement official and the persons
who actually conducted the examination of said
bank deposits, placements, trust accounts, assets
and records.
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SEC. 32. Contents of Joint Affidavit. - The joint
affidavit shall state: (a) the identifying marks,
numbers, or symbols of the deposits, placements,
trust accounts, assets, and records examined; (b)
the identity and address of the bank or financial
institution where such deposits, placements, trust
accounts, assets, and records are held and
maintained; (c) the number of bank deposits,
placements, trust accounts, assets, and records
discovered, examined, and frozen; (d) the
outstanding balances of each of such deposits,
placements, trust accounts, assets; (e) all
information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, documents,
records examined and placed in the sealed
envelope or sealed package deposited with the
authorizing division of the Court of Appeals; (f)
the date of the original written authorization
granted by the Anti-Terrorism Council to the
applicant to file the ex parte application to
conduct the examination of the said bank
deposits, placements, trust accounts, assets and
records, as well as the date of any extension or
renewal of the original written authorization
granted by the authorizing division of the Court of
Appeals; and (g) that the items enumerated were
all that were found in the bank or financial
institution examined at the time of the
completion of the examination.
The joint affidavit shall also certify under oath
that no duplicates or copies of the information,
data, excerpts, summaries, notes, memoranda,
working sheets, reports, and documents acquired
from the examination of the bank deposits,
placements, trust accounts, assets and records
have been made, or, if made, that all such
duplicates and copies are placed in the sealed
envelope or sealed package deposited with the
authorizing division of the Court of Appeals.
It shall be unlawful for any person, police officer
or custodian of the bank data and information
obtained after examination of deposits,
placements, trust accounts, assets and records to
copy, to remove, delete, expunge, incinerate,
shred or destroy in any manner the items
enumerated above in whole or in part under any
pretext whatsoever.
UP LAW BOC CRIMINAL LAW 2
Any person who copies, removes, deletes,
expunges incinerates, shreds or destroys the
items enumerated above shall suffer a penalty of
not less than six (6) years and one day to twelve
(12) years of imprisonment.
Unauthorized Revelation of Classified
Materials
SEC. 46. Penalty for Unauthorized Revelation of
Classified Materials. - The penalty of ten (10) years
and one day to twelve (12) years of imprisonment
shall be imposed upon any person, police or law
enforcement agent, judicial officer or civil servant
who, not being authorized by the Court of
Appeals to do so, reveals in any manner or form
any classified information under this Act.
See also: RA 9208: Anti-Trafficking in Persons
Act
Title X. Crimes against
Property
Chapter I: Robbery in General
(1) Article 293 - Who Are Guilty of Robbery
(2) Article 294 - With Violence or Intimidation of
Persons
(3) Article 295 - Robbery with Physical Injuries, in
an Uninhabited Place and by a Band
(4) Article 296 - Definition of a Band and Penalty
Incurred by the Members Thereof
(5) Article 297 - Attempted and Frustrated
Robbery with Homicide
(6) Article 298 - Execution of Deeds through
Violence or Intimidation
(7) Article 299 - Robbery in an Inhabited House or
Public Building or Edifice Devoted to Worship
(8) Article 300 - Robbery in an Uninhabited Place
and by a Band
(9) Article 302 - In an Uninhabited Place or
Private Building
(10) Article 303 - Robbery of Cereals, Fruits or
Firewood in an Inhabited Place or Private
Building
(11) Article 304 - Possession of Picklock or Similar
Tools
(12) Article 305 - False Keys
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CRIMINAL LAW
Chapter II: Brigandage
(1) Article 306 - Who Are Brigands
(2) Article 307 - Aiding and Abetting a Band of
Brigands
Chapter III: Theft
(1) Article 308 - Who Are Liable for Theft
(2) Article 309 Penalties
(3) Article 310 - Qualified Theft
(4) Article 311 - Theft of the Property of the
National Library and National Museum
Chapter IV: Usurpation
(1) Article 312 - Occupation of Real Property or
Usurpation of Real Rights in Property
(2) Article 313 - Altering Boundaries or
Landmarks
Chapter V: Culpable Insolvency
(1) Article 314 - Fraudulent Insolvency
Chapter VI: Swindling
(1) Article 315 Estafa
(2) Article 316 - Other Forms of Swindling
(3) Article 317 - Swindling of a Minor
(4) Article 318 - Other Deceits
Chapter VII: Chattel mortgage
(1) Article 319 - Removal, Sale, or Pledge of
Mortgaged Property
Chapter VIII: Arson and other Crimes involving
Destruction
Chapter IX: Malicious mischief
(1) Article 327 - Who Are Responsible
(2) Article 328 - Special Cases of Malicious
Mischief
(3) Article 329 - Other Mischiefs
(4) Article 330 - Damage and Obstruction to
Means of Communication
(5) Article 331 - Destroying or Damaging Statues,
Public Monuments or Paintings
Chapter X: Exemption from Criminal Liability
(1) Article 332 - Exemption from Criminal Liability
in Crimes Against Property
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

CHAPTER I: ROBBERY IN When is violence committed?

GENERAL RULE: Violence or intimidation must
GENERAL be present BEFORE the taking of personal
property is complete.
Article 293 - Who Are Guilty of Robbery EXCEPTION: When violence results in homicide,
rape, intentional mutilation, or any of the
Elements of Robbery in General: serious physical injuries penalized in par. 1 and
(a) Personal property 2 of Art. 263, the taking of the personal
(b) Belonging to another property is robbery complexed with any of those
(c) There be Unlawful taking crimes under Art. 294, even if the taking was
(d) With Intent to gain already complete when violence was used by
(e) Violence against or intimidation of any person the offender.
OR force upon anything

The property taken must be personal, if real VIOLENCE AGAINST OR USE OF FORCE UPON
property/right is usurped the crime is INTIMIDATION OF THINGS
usurpation (Art. 312). PERSON
Prohibitive articles may be the subject of robbery, The taking is always The taking is robbery
e.g., opium robbery. only if force is used to:
From the moment the offender gains possession (1) enter the building
of the object, even without the chance to (2) break doors,
dispose of the same, the unlawful taking is wardrobes, chests, or
complete. any other kind of locked
Taking: depriving the offended party of or sealed furniture or
possession of the thing taken with the character receptacle inside the
of permanency. building; OR
Intent to gain is presumed from the unlawful (3) force them open
taking. It cannot be established by direct outside after taking the
evidence, except in case of confession. same from the building
It is not necessary that violence or intimidation is (Art. 299 & 302)
present from the beginning. If the violence or
intimidation at any time before asportation is Value of the thing taken If committed in an
complete, the taking of property is qualified to is immaterial. The inhabited house, public
robbery. penalty depends on: building, or edifice
1) the result of the devoted to religious
When is UNLAWFUL TAKING complete? violence used worship, the penalty is
In Robbery with violence against or intimidation of (homicide, rape, based on:
persons, even if the culprit has had no intentional mutilation, (1) the value of the
opportunity to dispose of the same, the serious physical thing taken and
unlawful taking is complete. There is no injuries, less serious or (2) whether or not the
frustrated stage. slight physical injuries offenders carry arms;
In Robbery with force upon things, the thing must resulted) and
be taken out of the building to consummate the 2) the existence of
crime. There is a FRUSTRATED STAGE. (e.g. intimidation only
when the culprit had already broken the floor of
the bodega, had entered it, and had removed Article 294 - With Violence or
one sack of sugar from the pile, but was caught Intimidation of Persons
in the act of taking out the sack through the
opening of the door, crime committed is Acts punished:
FRUSTRATED ROBBERY) (1) When by reason or on occasion of the robbery,
Homicide is committed. (Robbery with
Homicide)

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When the robbery is accompanied by Rape or
Intentional Mutilation or Arson. (Robbery with
Rape, Robbery with Intentional Mutilation,
Robbery with Arson)
(b) When by reason or on occasion of such
robbery, any of the Physical Injuries resulting
in insanity, imbecility, impotency, or blindness is
inflicted.
(c) When by reason or on 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.
(d) If the Violence or Intimidation employed in the
commission of the robbery is carried to a
degree clearly Unnecessary for the commission
of the crime.
(e) 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
labor for more than 30 days
(f) If the violence employed by the offender does
not cause any of the serious physical injuries
defined in Art. 263, or if the offender employs
intimidation only.
The crime defined in this article is a special
complex crime.
On the occasion and by reason mean that
homicide or serious physical injuries must be
committed in the course or because of the
robbery.
The violence must be against the person, not
upon the thing taken. It must be present before
the taking of personal property is complete.
Homicide is used in its generic sense, as to
include parricide and murder. Hence, there is no
robbery with murder. The crime is still robbery
with homicide even if, in the course of the
robbery, the person killed was another robber or
a bystander.
Even if the rape was committed in another place,
it is still robbery with rape. When the taking of
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CRIMINAL LAW
personal property of a woman is an
independent act following defendants failure to
consummate the rape, there are two distinct
crimes committed: attempted rape and theft.
Additional rape committed on the same
occasion of robbery will not increase the
penalty.
Absence of intent to gain will make the taking of
personal property grave coercion if there is
violence used (Art. 286).
If both violence/intimidation of persons (294) and
force upon things (299/302) co-exist, it will be
considered as violation of Art 294 because it is
more serious than in Art 299/302.
BUT when robbery is under Art 294 par 4 & 5 the
penalty is lower than in Art 299 so the complex
crime should be imputed for the higher penalty
to be imposed without sacrificing the principle
that robbery w/ violence against persons is
more severe than that w/ force upon things.
[Napolis v. CA (1972)]
When the taking of the victims gun was to
prevent the victim from retaliating, then the
crimes committed are theft and homicide not
robbery with homicide. [People v. Millian (2000)]
These offenses are known as SPECIAL COMPLEX
CRIMES. Crimes defined under this article are
the following:
(1) Robbery with homicide
(2) Robbery with rape
(3) Robbery with intentional mutilation
(4) Robbery with arson
(5) Robbery with serious physical injuries
ROBBERY WITH HOMICIDE; (Absorption
Theory applied)
Attempted homicide or attempted murder
committed during or on the occasion of the
robbery, as in this case, is absorbed in the crime
of Robbery with Homicide which is a special
complex crime that remains fundamentally the
same regardless of the number of homicides or
injuries committed in connection with the
robbery. [People v. Cabbab, Jr. (2007)]
ROBBERY WITH RAPE
If the intention of the accused was to rob, but
rape was committed even before the
asportation, the crime is the special complex
crime of Robbery with Rape. So long as the
intent of the accused is to rob, rape may be
committed before, during or after the robbery.
UP LAW BOC CRIMINAL LAW 2
But if the primary intent of the accused was to
rape and his taking away the belongings of the
victim was only a mere afterthought, two
separate felonies are committed: Rape and
Theft or Robbery depending upon the
circumstances surrounding the unlawful taking.
[People v. Naag, GR No. 1361394, Feb. 15, 2001]
Article 295 - Robbery with Physical
Injuries, in an Uninhabited Place and
by a Band
Robbery with violence against or intimidation
of persons is qualified when it is committed:
(1) In an Uninhabited place, or
(2) By a Band, or
(3) By Attacking a moving train, street car, motor
vehicle, or airship, or
(4) By Entering the passengers compartments in
a train, or in any manner taking the
passengers thereof by surprise in the
respective conveyances, or
(5) On a Street, road, highway, or alley, AND the
intimidation is made with the use of Firearms,
the offender shall be punished by the
maximum periods of the proper penalties in
Art. 294.
It cannot be offset by a generic mitigating
circumstance.
The intimidation with the use of firearm qualifies
only robbery on a street, road, highway, or alley.
Any of these qualifying circumstances must be
alleged in the information and proved during
the trial.
Article 296 - Definition of a Band and
Penalty Incurred by the Members
Thereof
Outline of Art. 296:
When at least 4 armed malefactors take part in
the commission of a robbery, it is deemed
committed by a band.
When any of the arms used in the commission of
robbery is not licensed, penalty upon all the
malefactors shall be the maximum of the
corresponding penalty provided by law, without
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CRIMINAL LAW
prejudice to the criminal liability for illegal
possession of such firearms.
Any member of a band who was present at the
commission of a robbery by the band, shall be
punished as principal of any of the assaults
committed by the band, unless it be shown that
he attempted to prevent the crime.
Requisites for Liability for the acts of the other
members:
(1) Member of the band.
(2) Present at the commission of the robbery.
(3) Other members committed an assault.
(4) He did not attempt to prevent assault.
Conspiracy is presumed when robbery is by band.
When the robbery was not committed by a band,
the robber who did not take part in the assault
by another is not liable for that assault.
When the robbery was not by a band and
homicide was not determined by the accused
when they plotted the crime, the one who did
not participate in the killing is liable for robbery
only. It is only when the robbery is in band that
all those present in the commission of the
robbery may be punished for any of the assaults
which any of its members might commit.
But when there is conspiracy to commit homicide
and robbery, all the conspirators, even if less
than 4 armed men, are liable for the special
complex crime of robbery with homicide.
Art 296 is not applicable to principal by
inducement, who was not present at the
commission of the robbery, if the agreement
was only to commit robbery.
The article speaks of more than 3 armed
malefactors who takes part in the commission
of the robbery and member of a band who is
present at the commission of a robbery by a
band. Thus, a principal by inducement, who did
not go with the band at the place of the
commission of the robbery, is not liable for
robbery with homicide, but only for robbery in
band, there being no evidence that he gave
instructions to kill the victim or intended that
this should be done.
When there was conspiracy for robbery only but
homicide was also committed on the occasion
thereof, all members of the band are liable for
robbery with homicide.
UP LAW BOC CRIMINAL LAW 2
Whenever homicide is committed as a
consequence of or on the occasion of a robbery,
all those who took part in the commission of the
robbery are also guilty as principals in the crime
of homicide unless it appears that they
endeavored to prevent the homicide.
Proof of conspiracy is not essential to hold a
member of the band liable for robbery with
homicide actually committed by the other
members of the band.
There is no crime as robbery with homicide in
band.
Band is only ordinary aggravating circumstance
in robbery w/ homicide
In order that special aggravating circumstance of
unlicensed firearm be appreciated, it is
condition sine qua non that offense charged be
robbery by a band under Art 295.
Pursuant to Art 295, circumstance of a band is
qualifying only in robbery under par 3, 4 & 5 of
Art 294.
Hence, Art. 295 does not apply to robbery with
homicide, or robbery with rape, or robbery with
serious physical injuries under par. 1 of Art. 263.
Special aggravating circumstance of unlicensed
firearm is inapplicable to robbery w/ homicide,
or robbery with rape, or robbery with physical
injuries, committed by a band. [People v.
Apduhan]
Article 297 - Attempted and Frustrated
Robbery with Homicide
Homicide includes multiple homicides, murder,
parricide, or even infanticide.
The penalty is the same, whether robbery is
attempted or frustrated.
Robbery with homicide and attempted or
frustrated robbery with homicide are special
complex crimes, not governed by Art. 48, but by
the special provisions of Arts. 294 & 297,
respectively.
There is only one crime of attempted robbery with
homicide even if slight physical injuries were
inflicted on other persons on the occasion or by
reason of the robbery.
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Article 298 - Execution of Deeds
through Violence or Intimidation
Elements:
(a) Offender has Intent to defraud another
(b) Offender Compels him to sign, execute, or
deliver any public instrument or document
(c) Compulsion is by means of Violence or
Intimidation.
If the violence resulted in the death of the person
to be defrauded, crime is robbery with homicide
and shall be penalized under Art 294 par. 1.
Art. 298 applies to private or commercial
document, but it does not apply if document is
void.
When the offended party is under obligation to
sign, execute or deliver the document under the
law, it is not robbery but coercion.
By Force Upon Things
Robbery by the use of force upon things is
committed only when either:
(1) Offender entered a house or building by
any of the means specified in Art. 299 or Art.
302, or
(2) Even if there was no entrance by any of
those means, he broke a wardrobe, chest, or
any other kind of locked or closed or sealed
furniture or receptacle in the house or
building, or he took it away to be broken or
forced open outside.
Article 299 - Robbery in an Inhabited
House or Public Building or Edifice
Devoted to Worship
Elements of robbery with force upon things
under SUBDIVISION (A):
(a) Offender entered
(1) Inhabited House
(2) Public Building
(3) Edifice devoted to Religious Worship
(b) Entrance was effected by any of the following
means:
(1) Through an opening Not intended for
entrance or egress;
(2) By Breaking any wall, roof, or floor, or door
or window;
(3) By using False keys, picklocks or similar
tools; or
UP LAW BOC CRIMINAL LAW 2
(4) By using any Fictitious name or pretending
the exercise of public authority.
(c) That once inside the building, the offender
Took personal property belonging to another
with intent to gain.
There must be evidence that accused entered the
dwelling house or building by any of the means
enumerated in subdivision (a). In entering the
building, there must be the intent to take
personal property.
Inhabited house: any shelter, ship, or vessel
constituting the dwelling of one or more
persons even though the inhabitants thereof are
temporarily absent when the robbery is
committed.
Public building: every building owned by the
Government or belonging to a private person
but used or rented by the Government,
although temporarily unoccupied by the same.
Any of the four means described in subdivision (a)
must be resorted to enter a house or building,
not to get out otherwise it is only theft. The
whole body of the culprit must be inside the
building to constitute entering.
Illustration: If the culprit had entered the house
through an open door, and the owner, not
knowing that the culprit was inside, closed and
locked the door from the outside and left, and
the culprit, after taking personal property in the
house, went out through the window, it is only
theft, not robbery.
Breaking: means entering the building. The
force used must be actual, as distinguished
constructive force.
False keys: genuine keys stolen from the owner
or any keys other than those intended for use in
the lock forcibly opened by the offender. The
genuine key must be stolen, not taken by force
or with intimidation, from the owner.
If false key is used to open wardrobe or locked
receptacle or drawer or inside door it is only
theft
Elements of robbery with force upon things
under SUBDIVISION (B) of Art. 299:
(a) Offender is inside a dwelling house, public
building, or edifice devoted to religious
worship, regardless of the circumstances
under which he entered it.
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CRIMINAL LAW
(b) Offender takes personal property belonging to
another, with intent to gain, under any of the
following circumstances.
(1) Breaking of doors, wardrobes, chests, or
any other kind of locked or sealed furniture
or receptacle; or
(2) Taking such furniture or objects away to be
broken or forced open outside the place of
the robbery.
Entrance into the building by any of the means
mentioned in subdivision (a) is not required in
robbery under subdivision (b)
The term door in par. 1, subdivision (b) of Art.
299, refers only to doors, lids or opening
sheets of furniture or other portable
receptaclesnot to inside doors of house or
building.
Breaking the keyhole of the door of a wardrobe,
which is locked, is breaking a locked furniture.
It is theft if the locked or sealed receptacle is not
forced open in the building where it is kept or
taken from to be broken outside.
The penalty depends on the value of property
taken and on whether or not offender carries
arm. Arms carried must not be used to
intimidate. Liability for carrying arms is
extended to all those who participated in the
robbery, including those without arms.
The provision punishes more severely the robbery
in a house used as a dwelling than that
committed in an uninhabited place, because of
the possibility that the inhabitants in the former
might suffer bodily harm during the robbery.
Article 301 - What is an Uninhabited
House, Public Building Dedicated to
Religious Worship and Their
Dependencies
Even if the occupant was absent during the
robbery, the place is still inhabited if the place
was ordinarily inhabited and intended as a
dwelling.
Dependencies: all interior courts, corrals,
warehouses, granaries or inclosed places
contiguous to the building or edifice, having an
interior entrance connected therewith, and
which form part of the whole (Art. 301, par. 2).
Requisites:
(1) Contiguous to the building;
UP LAW BOC CRIMINAL LAW 2
(2) Interior entrance connected therewith;
(3) Form part of the whole.
Orchards and lands used for cultivation or
production are not included in the term
dependencies (Art. 301, par. 3).
Article 300 Robbery in an
Uninhabited Place and by a Band
Robbery in an inhabited house, public building or
edifice dedicated to religious worship is
qualified when committed by a band and
located in an uninhabited place.
See discussion on Art. 296 for definition of
band.
To qualify Robbery w/ To qualify Robbery w/
force upon things (Art violence against or
299) intimidation of persons
Must be committed in Must be committed in
uninhabited place AND an uninhabited place
by a band (Art 300) OR by a band (Art.
295)
Article 302 - In an Uninhabited Place or
Private Building
Elements:
(a) 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.
(b) That any of the following circumstances was
present:
(1) Entrance was effected through an opening
Not intended for entrance or egress;
(2) A Wall, roof, floor, or outside door or
window was broken
(3) Entrance was effected through the use of
False keys, picklocks or other similar tools;
(4) A Door, wardrobe, chest, or any sealed or
closed furniture or receptacle was broken;
or
(5) A Closed or sealed receptacle was
removed, even if the same be broken open
elsewhere.
(c) With intent to gain, the offender took
therefrom personal property belonging to
another.
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CRIMINAL LAW
Building: includes any kind of structure used for
storage or safekeeping of personal property,
such as (a) freight car and (b) warehouse.
Entrance through an opening not intended for
entrance or egress is not necessary, if there is
breaking of wardrobe, chest, or sealed or closed
furniture or receptacle, or removal thereof to be
broken open elsewhere.
Breaking padlock is use of force upon things.
Use of fictitious name or pretending the exercise
of public authority is not covered under this
article.
A receptacle is a container, which must be
closed or sealed.
Penalty is based only on value of property taken.
Article 303 - Robbery of Cereals, Fruits
or Firewood in an Inhabited Place or
Private Building
The penalty is one degree lower only when
robbery is committed by use of force upon
things, without intimidation or violence against
a person.
Cereals are seedlings which are the immediate
product of the soil. The palay must be kept by
the owner as seedling or taken for that
purpose by the robbers.
Article 304 - Possession of Picklock or
Similar Tools
Elements:
(a) Offender has in his possession Picklocks or
similar tools;
(b) Such picklock or similar tools are especially
Adopted to the commission of robbery;
(c) Offender does Not have lawful cause for such
possession.
Possession of such tools, without lawful cause, is
punished. Actual use is not necessary. Since
picking of locks is one way to gain entrance to
commit robbery, a picklock is per se specially
adapted to the commission of robbery. [People v
Lopez, GR L-18766, May 20, 1965]
If the person who makes such tools is a locksmith,
the penalty is higher.
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

Article 305 - False Keys means of force

or violence
TO INCLUDE THE FOLLOWING:
Proof Mere formation It is necessary
(1) Tools mentioned in Article 304;
of a band for to prove that
(2) Genuine keys stolen from the owner;
any of the the band
(3) Any key other than those intended by the
above actually
owner for use in the lock forcibly opened by
purposes is committed the
the offender.
sufficient. robbery.
There is no Conspiracy to
CHAPTER II: BRIGANDAGE requirement commit
that the robbery is not
Article 306 - Who Are Brigands brigands punishable.
consummate
Elements of Brigandage: the crime.
(a) There be at least 4 armed persons
(b) They formed a Band of robbers Article 307 - Aiding and Abetting a
(c) The Purpose is any of the following:
(1) To commit Robbery in the highway; or Band of Brigands
(2) To Kidnap for the purpose of extortion or to
Elements:
obtain ransom; or
(a) There is a Band of brigands
(3) To Attain by means of force and violence
(b) Offender Knows the band to be of brigands
any other purpose.
(c) Offender Does any of the following acts:
Presumption of law as to brigandage: all are (1) He in any manner Aids, abets or protects
presumed highway robbers or brigands, if any of such band of brigands; or
them carries unlicensed firearm. (2) He gives them Information of the
The arms carried may be any deadly weapon. movements of the police or other peace
The main object of the law is to prevent the officers; or
formation of band of robbers. (3) He Acquires or receives the property taken
The term highway includes city streets. by such brigands.

The following must be proved: It is presumed that the person performing any of
(1) Organization of more than 3 armed persons the acts provided in this article has performed
forming a band of robbers them knowingly, unless the contrary is proven.
(2) Purpose of the band is any of those Any person who aids or protects highway robbers
enumerated in Art. 306. or abets the commission of highway robbery or
(3) That they went upon the highway or roamed brigandage shall be considered as an
upon the country for that purpose. accomplice.
(4) That the accused is a member of such band.
CHAPTER III: THEFT
BRIGANDAGE ROBBERY IN
BAND Article 308 - Who Are Liable for Theft
Purpose (1) Commit Commit
robbery in a robbery, and Elements of Theft:
highway not necessarily (a) Taking of personal property
(2) Kidnap to in a highway (b) That Belongs to another
extort or get (c) With Intent to gain.
ransom (d) Without the Consent of the owner.
(3) Any other (e) Accomplished Without the use of violence
purpose to be against or intimidation of persons or force
achieved by upon things.

PAGE 240
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Theft: committed by any person who, with intent
to gain but without violence against or
intimidation of persons nor force upon things,
shall take personal property of another without
the latters consent.
Persons liable for theft:
(1) Those who,
(a) with intent to gain,
(b) without violence against or intimidation of
persons nor force upon things,
(c) take,
(d) personal property,
(e) of another,
(f) without the latters consent.
(2) Those who,
(a) having found lost property,
(b) fail to deliver the same to the local
authorities or to its owner.
(3) Those who,
(a) after having maliciously damaged the
property of another,
(b) remove or make use of the fruits or object
of the damage caused by them.
(4) Those who,
(a) enter an inclosed estate or field where
(b) trespass is forbidden or which belongs to
another and,
(b) without the consent of its owner, hunt or fish
upon the same or gather fruits, cereals, or
other forest or farm products.
The theft is consummated & taking completed
once the culprit is able to place the thing taken
under his control, and in such a situation that
he could dispose of it at once.
In accordance with the definition in Art 308, there
is no frustrated theft. The offender has either
complete control of the property
(consummated) or without (attempted). Intent
to gain is presumed from the unlawful taking of
personal property belonging to another.
[Valenzuela v. People (2007)]
If a person takes property of another, believing it
to be his own, presumption of intent to gain is
rebutted. Hence, he is not guilty of theft.
If one takes personal property openly and
avowedly under claim of title made in good
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faith, he is not guilty of theft even though claim
of ownership is later found to be untenable.
If possession was only material or physical, the
crime is THEFT. If possession was juridical,
crime is ESTAFA.
Selling share of a partner or co-owner is not theft.
Actual or real gain is not necessary in theft.
The consent contemplated in this article refers to
consent freely given, and not mere lack of
opposition by owner of the property taken.
It is not robbery when violence is for a reason
entirely foreign to the fact of taking.
Gulinao shot Dr. Chua and left. Then he went
back & took Dr. Chuas diamond ring. The crime
was Theft and not robbery. Circumstances show
that the taking was merely an afterthought.
Violence used in killing Dr. Chua had no bearing
on the taking of the ring. [People v. Gulinao,
(1989)]
Properties were taken after accused has already
carried out his primary criminal intent of killing
the victim. Considering that the victim was
already heavily wounded when his properties
were taken, there was no need to employ
violence against or intimidation upon his
person. Hence, accused can only be held guilty
of the separate offense of theft. [People vs
Basao (1999)]
One in possession of part of recently stolen
property is presumed to be thief of all.
Lost property: embraces loss by stealing or by
act of the owner or by a person other than the
owner, or through some casual occurrence.
It is necessary to prove the following in order
to establish theft by failure to deliver or return
lost property:
(1) Time of the seizure of the thing
(2) It was a lost property belonging to another;
and
(3) That the accused having had the opportunity
to return or deliver the lost property to its
owner or to the local authorities, refrained
from doing so.
The law does not require knowledge of the owner
of the property.
UP LAW BOC CRIMINAL LAW 2
Elements of hunting, fishing or gathering
fruits, etc., in enclosed estate:
(a) That there is an enclosed estate or a field,
where trespass is forbidden or which belongs
to another
(b) Offender enters the same
(c) Offender hunts or fishes upon the same or
gathers fruits, cereals or other forest or farm
products in the estate or field; and
(d) That the hunting or fishing or gathering of
products is without the consent of the owner.
Corpus Delicti in Theft
To be caught in possession of the stolen property
is not an element of the corpus delicti in theft.
Corpus delicti means the body or substance of
the crime, and, in its primary sense, refers to the
fact that the crime has been actually
committed.
In theft, corpus delicti has two elements, namely:
(1) that the property was lost by the owner, and
(2) that it was lost by felonious taking. [Gan vs.
People (2007)]
Article 309 - Penalties
The basis of the penalty in theft is
(1) the value of the thing stolen, or
(2) the value and nature of the property taken, or
(3) the circumstances that impelled the culprit to
commit the crime.
If there is no evidence of the value of the property
stolen, the court should impose the minimum
penalty corresponding to theft involving the
value of P5.00. The court may also take judicial
notice of its value in the proper cases.
Article 310 - Qualified Theft
Theft is qualified if:
(a) Committed by a Domestic servant
(b) Committed with Grave abuse of confidence
(c) The property stolen is
(1) motor vehicle,
(2) mail matter, or
(3) large cattle
(4) consists of coconuts taken from the
premises of a plantation
(5) fish taken from a fishpond or fishery
(d) The property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any
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other calamity, vehicular accident or civil
disturbance.
The penalty for qualified theft is 2 degrees higher.
Theft by domestic servant is always qualified.
There is no need to prove grave abuse of
confidence.
The abuse of confidence must be grave. There
must be allegation in the information and proof
of a relation, by reason of dependence,
guardianship or vigilance, between the accused
and the offended party that has created a high
degree of confidence between them, which the
accused abused.
Theft of any material, spare part, product or
article by employees and laborers is heavily
punished under PD 133.
Motor vehicle: all vehicles propelled by power,
other than muscular power. Theft of motor
vehicle may now fall under the Anti-carnapping
law.
When the purpose of taking the car is to destroy it
by burning it, the crime is arson.
If a private individual took a letter containing
postal money order it is qualified theft. If it was
the postmaster, to whom the letter was
delivered, the crime would be infidelity in the
custody of documents.
Regarding the theft of coconuts and fish, what
matters is not the execution, but the location
where it is taken. It should be in the plantation
or in the fishpond.
PD 1612: Anti-Fencing Law
Fencing the act of any person who, with intent
to gain for himself or for another, shall buy,
receive, keep, acquire, conceal, sell, or dispose
of, or shall buy and sell or in any other manner
deal in any article, item, object, or anything of
value which he knows, or should be known to
him, to have been derived from the proceeds of
the crime of robbery or theft.
Elements:
(a) Robbery or theft has been committed.
(b) The accused, who is not a principal or
accomplice in the crime of robbery or theft,
buys, receives, possesses, keeps, acquires,
conceals, sells or disposes, or buys and sells,
or in any manner deals in any article, item,
object, or anything of value, which has been
derived from the proceeds of the said crime.
UP LAW BOC CRIMINAL LAW 2
(c) The accused knows or should have known that
the said article, item, object or anything of
value has been derived from the proceeds of
the crime of robbery or theft.
(d) There is, on the part of the accused, intent to
gain for himself or another.
Mere possession of any good, article, item, object,
or anything of value which has been the subject
of robbery or thievery shall be prima facie
evidence of fencing. [People v. Dizon-
Pamintuan]
Robbery/theft and fencing are separate and
distinct offenses.
RA 6539: Anti-Carnapping Act
Registration
Section 3. Registration of motor vehicle engine,
engine block and chassis. Within one year after
the approval of this Act, every owner or possessor
of unregistered motor vehicle or parts thereof in
knock down condition shall register with the Land
Transportation Commission the motor vehicle
engine, engine block and chassis in his name or in
the name of the real owner who shall be readily
available to answer any claim over the registered
motor vehicle engine, engine block or chassis.
Thereafter, all motor vehicle engines, engine
blocks and chassis not registered with the Land
Transportation Commission shall be considered
as untaxed importation or coming from an illegal
source or carnapped, and shall be confiscated in
favor of the Government.
All owners of motor vehicles in all cities and
municipalities are required to register their cars
with the local police without paying any charges.
Section 5. Registration of sale, transfer,
conveyance, substitution or replacement of a
motor vehicle engine, engine block or chassis.
Every sale, transfer, conveyance, substitution or
replacement of a motor vehicle engine, engine
block or chassis of a motor vehicle shall be
registered with the Land Transportation
Commission. Motor vehicles assembled and
rebuilt or repaired by replacement with motor
vehicle engines, engine blocks and chassis not
registered with the Land Transportation
Commission shall not be issued certificates of
registration and shall be considered as untaxed
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CRIMINAL LAW
imported motor vehicles or motor vehicles
carnapped or proceeding from illegal sources.
Section 6. Original Registration of motor vehicles.
Any person seeking the original registration of a
motor vehicle, whether that motor vehicle is
newly assembled or rebuilt or acquired from a
registered owner, shall within one week after the
completion of the assembly or rebuilding job or
the acquisition thereof from the registered owner,
apply to the Philippine Constabulary for
clearance of the motor vehicle for registration
with the Land Transportation Commission. The
Philippine Constabulary shall, upon receipt of the
application, verify if the motor vehicle or its
numbered parts are in the list of carnapped
motor vehicles or stolen motor vehicle parts. If
the motor vehicle or any of its numbered parts is
not in that list, the Philippine Constabulary shall
forthwith issue a certificate of clearance. Upon
presentation of the certificate of clearance from
the Philippine Constabulary and after verification
of the registration of the motor vehicle engine,
engine block and chassis in the permanent
registry of motor vehicle engines, engine blocks
and chassis, the Land Transportation
Commission shall register the motor vehicle in
accordance with existing laws, rules and
regulations.
Who are Liable
Section 7. Duty of Collector of Customs to report
arrival of imported motor vehicle, etc. The Collector
of Customs of a principal port of entry where an
imported motor vehicle, motor vehicle engine,
engine block chassis or body is unloaded, shall,
within seven days after the arrival of the imported
motor vehicle or any of its parts enumerated
herein, make a report of the shipment to the Land
Transportation Commission, specifying the make,
type and serial numbers, if any, of the motor
vehicle engine, engine block and chassis or body,
and stating the names and addresses of the
owner or consignee thereof. If the motor vehicle
engine, engine block, chassis or body does not
bear any serial number, the Collector of Customs
concerned shall hold the motor vehicle engine,
engine block, chassis or body until it is numbered
by the Land Transportation Commission.
Section 8. Duty of importers, distributors and
sellers of motor vehicles to keep record of stocks.
UP LAW BOC CRIMINAL LAW 2
Any person engaged in the importation,
distribution, and buying and selling of motor
vehicles, motor vehicle engines, engine blocks,
chassis or body, shall keep a permanent record of
his stocks, stating therein their type, make and
serial numbers, and the names and addresses of
the persons from whom they were acquired and
the names and addresses of the persons to whom
they were sold, and shall render an accurate
monthly report of his transactions in motor
vehicles to the Land Transportation Commission.
Section 10. Clearance and permit required for
assembly or rebuilding of motor vehicles. Any
person who shall undertake to assemble or
rebuild or cause the assembly or rebuilding of a
motor vehicle shall first secure a certificate of
clearance from the Philippine Constabulary:
Provided, That no such permit shall be issued
unless the applicant shall present a statement
under oath containing the type, make and serial
numbers of the engine, chassis and body, if any,
and the complete list of the spare parts of the
motor vehicle to be assembled or rebuilt together
with the names and addresses of the sources
thereof.
In the case of motor vehicle engines to be
mounted on motor boats, motor bancas and
other light water vessels, the applicant shall
secure a permit from the Philippine Coast Guard,
which office shall in turn furnish the Land
Transportation Commission the pertinent data
concerning the motor vehicle engines including
their type, make and serial numbers.
Punishable Acts
Section 2. Definition of terms
"Carnapping" is the taking, with intent to gain, of
a motor vehicle belonging to another without the
latter's consent, or by means of violence against
or intimidation of persons, or by using force upon
things.
"Motor vehicle" is any vehicle propelled by any
power other than muscular power using the
public highways, but excepting road rollers,
trolley cars, street-sweepers, sprinklers, lawn
mowers, bulldozers, graders, fork-lifts, amphibian
trucks, and cranes if not used on public highways,
vehicles, which run only on rails or tracks, and
tractors, trailers and traction engines of all kinds
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CRIMINAL LAW
used exclusively for agricultural purposes.
Trailers having any number of wheels, when
propelled or intended to be propelled by
attachment to a motor vehicle, shall be classified
as separate motor vehicle with no power rating.
"Defacing or tampering with" a serial number is
the erasing, scratching, altering or changing of
the original factory-inscribed serial number on
the motor vehicle engine, engine block or chassis
of any motor vehicle. Whenever any motor vehicle
is found to have a serial number on its motor
engine, engine block or chassis which is different
from that which is listed in the records of the
Bureau of Customs for motor vehicles imported
into the Philippines, that motor vehicle shall be
considered to have a defaced or tampered with
serial number.
Section 12. Defacing or tampering with serial
numbers of motor vehicle engines, engine blocks
and chassis. It shall be unlawful for any person to
deface or otherwise tamper with the original or
registered serial number of motor vehicle
engines, engine blocks and chassis.
Section 13. Penal Provisions. Any person who
violates any provisions of this Act shall be
punished with imprisonment for not less than two
years nor more than six years and a fine equal in
amount to the acquisition cost of the motor
vehicle, motor vehicle engine or any other part
involved in the violation: Provided, That if the
person violating any provision of this Act is a
juridical person, the penalty herein provided shall
be imposed on its president or secretary and/or
members of the board of directors or any of its
officers and employees who may have directly
participated in the violation.
Any government official or employee who directly
commits the unlawful acts defined in this Act or is
guilty of gross negligence of duty or connives with
or permits the commission of any of the said
unlawful act shall, in addition to the penalty
prescribed in the preceding paragraph, be
dismissed from the service with prejudice to his
reinstatement and with disqualification from
voting or being voted for in any election and from
appointment to any public office.
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

Section 14. Penalty for Carnapping. Any person If no violence or intimidation only civil liability
who is found guilty of carnapping, as this term is exists. Violence or intimidation must be the
defined in Section two of this Act, shall, means used in occupying real property or in
irrespective of the value of motor vehicle taken, usurping real rights.
be punished by imprisonment for not less than Art. 312 does not apply when the violence or
fourteen years and eight months and not more intimidation took place subsequent to the entry
than seventeen years and four months, when the into the property.
carnapping is committed without violence or Art. 312 does not apply to a case of open defiance
intimidation of persons, or force upon things; and of the writ of execution issued in the forcible
by imprisonment for not less than seventeen entry case.
years and four months and not more than thirty Criminal action for usurpation of real property is
years, when the carnapping is committed by not a bar to civil action for forcible entry.
means of violence against or intimidation of any RA 947 punishes entering or occupying public
person, or force upon things; and the penalty of agricultural land including lands granted to
life imprisonment to death shall be imposed private individuals.
when the owner, driver or occupant of the
carnapped motor vehicle is killed in the Theft or
commission of the carnapping. Usurpation
Robbery
Act Occupation or Taking or
Article 311 - Theft of the Property of the Usurpation asportation
National Library and National Museum What is Taken Real property Personal
Theft of property of the National Museum and or Real Right property
National Library has a fixed penalty regardless
of its value. But if it was with grave abuse of
confidence, the penalty for qualified theft shall Intent To Gain To Gain
be imposed.
Article 313 - Altering Boundaries or
CHAPTER IV: USURPATION Landmarks

Article 312 - Occupation of Real Elements:

Property or Usurpation of Real Rights
in Property
Acts punishable under Art. 312:
(1) Taking possession of any real property
belonging to another by means of violence
against or intimidation of persons
(2) Usurping any real rights in property belonging
to another by means of violence against or
intimidation of persons.
Elements:
(a) Offender takes possession of any real property
OR usurps any real rights in property
(b) Real property or real rights belong to another
(c) Violence against or intimidation of persons is
used by the offender in occupying real
property or usurping real rights in property.
(d) There is intent to gain.
(a) That there be boundary marks or monuments
of towns, provinces, or estates, or any other
marks intended to designate the boundaries
of the same.
(b) That the offender alters said boundary marks.
Provision does not require intent to gain.
The word alter may include:
(1) destruction of stone monument
(2) taking it to another place
(3) removing a fence
CHAPTER V: CULPABLE
INSOLVENCY
Article 314 - Fraudulent Insolvency
Elements:
(a) That the offender is a debtor; that is, he has
obligations due and payable

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UP LAW BOC CRIMINAL LAW 2
(b) That he absconds with his property
(c) That there be prejudice to his creditors
Actual prejudice, not intention alone, is required.
Even if the debtor disposes of his property,
unless it is shown that it has actually prejudiced
his creditor, conviction will not lie.
Fraudulent concealment of property is not
sufficient if the debtor has some property with
which to satisfy his obligation.
Abscond: does not require that the debtor
should depart and physically conceal his
property. Real property could be the subject
matter of Art. 314.
The person prejudiced must be creditor of the
offender.
Art 314 Insolvency law
No need for insolvency Crime should be
proceedings. committed after the
institution of insolvency
No need to be proceedings
adjudged bankrupt or
insolvent
CHAPTER 6: SWINDLING AND
OTHER DECEITS
Article 315 - Estafa
Elements of Estafa in General:
(a) That the accused defrauded another
(1) by abuse of confidence; or
(2) by means of deceit; and
(b) That damage or prejudice capable of
pecuniary estimation is caused to the offended
party or third person.
With Unfaithfulness or Abuse of
Confidence [315 par. 1(a) (b) (c)]
PAR 1(A): ALTERING SUBSTANCE, QUANTITY
OR QUALITY OF OBJECT SUBJECT OF
OBLIGATION TO DELIVER
Elements:
(a) Offender has an Onerous obligation to deliver
something of value.
(b) That he Alters its substance, quantity, or
quality
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CRIMINAL LAW
(c) That Damage or prejudice is caused to
another
Deceit is NOT an essential element of estafa with
abuse of confidence.
Damage or prejudice must be capable of
estimation, because it is the basis of the
penalty.
Delivery of anything of value must be by virtue of
an onerous obligation to do so.
It is not estafa if the thing delivered is not
acceptable to the complainant when there is no
agreement as to its quality.
Estafa may arise even if thing delivered is not
subject of lawful commerce, such as opium.
PAR.1(B): MISAPPROPRIATION AND
CONVERSION
Elements:
(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) 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 a demand made by the offended
party to the offender
The 4th element is not necessary when there is
evidence of misappropriation of goods by the
defendant.
Check is included in the word money.
Money, goods or other personal property must be
received by the offender under certain kinds of
transaction transferring juridical possession to
him.
The offender acquires both physical possession
and juridical possession when the thing is
received by the offender from the offended
party
(1) in trust, or
(2) on commission, or
(3) for administration,
Juridical possession: means a possession which
gives the transferee a right over the thing which
he may invoke even as against the owner.
UP LAW BOC CRIMINAL LAW 2
When the delivery of a chattel does not transfer
juridical possession/title, it is presumed that the
possession/title of the thing remain w/ owner.
Failure to turn over to the bank the proceeds of
sale of goods covered by trust receipts is estafa.
The phrase or under any obligation involving the
duty to make delivery of, or to return the same,
includes quasi-contracts and certain contracts
of bailment. The obligation to return the thing
must be contractual but without transferring to
accused ownership of the thing.
When ownership is transferred to recipient, his
failure to return it results in civil liability only.
Applicable Civil Code provisions:
(1) Art. 1477. The ownership of the thing sold
shall be transferred to the vendee upon
actual or constructive delivery thereof.
(2) Art. 1482. Whenever earnest money is
given in a contract of sale, it shall be
considered as part of the price and as proof
of the perfection of the contract.
In estafa with abuse of confidence under par. (b),
subdivision 1 of Art. 315, the thing received must
be returned if there is an obligation to return it.
If no obligation to return there is only civil liability.
No estafa when:
(1) Transaction sale fails. There is no estafa if the
accused refused to return the advance
payment.
(2) The money or personal property received by
accused is not to be used for a particular
purpose or to be returned.
(3) Thing received under a contract of sale on
credit
Payment by students to the school for the value
of materials broken is not mere deposit.
Novation of contract of agency to one of sale, or
to one of loan, relieves defendant from incipient
criminal liability under the first contract.
He exerted all efforts to retrieve dump truck,
albeit belatedly and to no avail. His ineptitude
should not be confused with criminal intent.
Criminal intent is required for the conviction of
estafa. Earnest effort to comply with obligation
is a defense against estafa. [Manahan vs CA
(1996)]
3 Ways of Committing Estafa With Abuse Of
Confidence Under Art. 315 Par. (B):
(1) Misappropriating the thing received.
(2) Converting the thing received.
(3) Denying that the thing was received.
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CRIMINAL LAW
Misappropriating: means to own, to take
something for one's own benefit.
Converting: Using or disposing of anothers
property as if it were ones own.
Conversion: presupposes that the thing has
been devoted to a purpose or use different from
that agreed upon.
The fact that an agent sold the thing received on
commission for a lower price than the one fixed,
does not constitute estafa [US v Torres].
The law does not distinguish between temporary
and permanent misappropriations.
No estafa under Art. 315 par (b) when there is
neither misappropriation nor conversion.
Right of agent to deduct commission from
amounts
If agent is authorized to retain his commission
out of the amounts he collected, there is no
estafa.
Otherwise he is guilty of estafa, because his
right to commission does not make the agent a
co-owner of money
3rd element of estafa with abuse of confidence is
that the conversion, or denial by offender
resulted in the prejudice of the offended party.
To the prejudice of another: not necessarily of
the owner of the property.
General rule: Partners are not liable for estafa of
money or property received for the partnership
when the business commenced and profits
accrued. Failure of partner to account for
partnership funds may give rise to civil
obligation only, not estafa.
Exception: When a partner misappropriates the
share of another partner in the profits, the act
constitutes estafa.
A co-owner is not liable for estafa, but he is liable
if, after the termination of the co-ownership, he
misappropriates the thing which has become
the exclusive property of the other.
Estafa with abuse of
Theft
confidence
With juridical Only with physical /
possession of thing material possession of
misappropriated thing misappropriated
Offender receives the Offender takes the
thing from the victim thing
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

But when the money or property had been Offender is a private Offender is a public
received by a partner for specific purpose and individual or public officer accountable for
he misappropriated it, there is estafa. officer not accountable public funds or property
Under the 4th element of estafa with abuse of for public funds or
confidence demand may be required. property
In estafa by means of deceit, demand is not
needed, because the offender obtains the thing Committed by Committed by
wrongfully from the start. In estafa with abuse misappropriating, misappropriating, or
of confidence, the offender receives the thing converting or denying thru abandonment or
under a lawful transaction. having received money, negligence, letting
Demand is not required by law, but it may be other personal property other person to take the
necessary, because failure to account upon public funds or property
demand is circumstantial evidence of There is no estafa There can be
misappropriation. Presumption arises only through negligence. malversation through
when the explanation of the accused is abandonment or
absolutely devoid of merit. negligence.
The mere failure to return the thing received for
safekeeping or under any other obligation w/ When in prosecution for malversation the public
the duty to return the same or deliver the value officer is acquitted, the private individual in
thereof to the owner could only give rise to a conspiracy w/ him may be held liable for estafa,
civil action and does not constitute the crime of depending on the nature of the funds.
estafa.
There is no estafa through negligence. Misappropriation of firearms received by a police
The gravity of the crime of estafa is based on the (1) ESTAFA: if it is not involved in the
amount not returned before the institution of commission of a crime
the criminal action. (2) MALVERSATION: if it is involved in the
Test to distinguish theft from estafa: In theft, upon commission of a crime.
the delivery of the thing to the offender, the
owner expects a return of the thing to him. PAR.1(C): TAKING ADVANTAGE OF
SIGNATURE IN BLANK
General rule: When the owner does not expect
the immediate return of the thing he delivered Elements:
to the accused, the misappropriation of the (a) Paper with the signature of the offended party
same is estafa. be in blank.
Exception: When the offender received the thing (b) Offended party should have delivered it to the
from the offended party, with the obligation to offender.
deliver it to a third person and, instead of doing (c) That above the signature of the offended party
so, misappropriated it to the prejudice of the a document is written by the offender without
owner, the crime committed is qualified theft. authority to do so.
(d) That the document so written creates a
Sale of thing received to be pledged for owner is liability of, or causes damage to, the offended
theft, when the intent to appropriate existed at party or any third person.
the time it was received.
ESTAFA BY MEANS OF FALSE PRETENSES OR
Estafa with abuse of FRAUDULENT ACTS (315 PAR. 2(A) (B) (C) (D)
Malversation (E); BP22):
confidence
Entrusted with funds or property Elements of estafa by means of deceit:
Both are continuing offenses (a) There must be a False pretense, fraudulent
act or fraudulent means.
Funds or property are Funds or property
(b) That such false pretense, fraudulent act or
always private usually public
fraudulent means must be made or executed

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UP LAW BOC CRIMINAL LAW 2
Prior to or Simultaneously with the
commission of the fraud.
(c) Offended party must have Relied on the false
pretense, fraudulent act, or fraudulent means,
that is, he was induced to part with his money
or property because of the false pretense,
fraudulent act, or fraudulent means.
(d) As a result thereof, the offended party
suffered Damage.
The acts must be fraudulent. Acts must be
founded on deceit, trick, or cheat, and such
must be made prior to or simultaneously with
the commission of the fraud.
In false pretenses the deceit consists in the use of
deceitful words, in fraudulent acts the deceit
consists principally in deceitful acts. The
fraudulent acts must be performed prior to or
simultaneously with the commission of the
fraud.
The offender must be able to obtain something
from the offended party because of the
fraudulent acts.
Knowledge of criminal intent of the principal is
essential to be convicted as an accomplice in
estafa through falsification of commercial
document. There must be knowing assistance in
the execution of the offense. [Abejuela vs People
(1991)]
In a tenant-landowner relationship, it was
incumbent upon the tenant to hold in trust and,
eventually, account for the share in the harvest
appertaining to the landowner, failing which the
tenant could be held liable for
misappropriation.
As correctly pointed out by the respondents,
share tenancy has been outlawed for being
contrary to public policy as early as 1963, with
the passage of R.A. 3844. What prevails today,
under R.A. 6657, is agricultural leasehold
tenancy relationship, and all instances of share
tenancy have been automatically converted into
leasehold tenancy. In such a relationship, the
tenants obligation is simply to pay rentals, not
to deliver the landowners share.
Given this dispensation, the petitioners
allegation that the respondents
misappropriated the landowners share of the
harvest as contained in the information is
untenable. Accordingly, the respondents cannot
be held liable under Article 315, paragraph 4,
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CRIMINAL LAW
No. 1(b) of the Revised Penal Code. [People v.
Vanzuela (2008)]
It is well established in jurisprudence that a
person may be convicted of both illegal
recruitment and estafa. The reason, therefore, is
not hard to discern: illegal recruitment is
malum prohibitum, while estafa is malum in se.
In the first, the criminal intent of the accused is
not necessary for conviction. In the second,
such intent is imperative. Petitioners claim that
she did not represent herself as a licensed
recruiter, but that she merely tried to help the
complainants secure a tourist visa could not
make her less guilty of illegal recruitment, it
being enough that she gave the impression of
having had the authority to recruit workers for
deployment abroad; consequently she is also
held liable for the violation of estafa under
Article 315(2)(a). [Lapasaran v. People (2009)]
PAR 2(A): USING FICTITIOUS NAME OR
FALSE PRETENSES AT POWER, INFLUENCE
OR OTHER SIMILAR DECEITS
Ways of committing the offense:
(a) By using fictitious name;
(b) By falsely pretending to possess:
(1) power,
(2) influence,
(3) qualifications,
(4) property,
(5) credit,
(6) agency,
(7) business or imaginary transactions;
(c) By means of other similar deceits.
For estafa under Art. 315 par. 2(a), it is
indispensable that the false statement or
fraudulent representation of the accused,
(1) be made prior to, or, at least simultaneously
with,
(2) the delivery of the thing by the complainant.
It is essential that such false statement or
fraudulent representation constitutes the cause
or only motive which induced the complainant
to part with the thing. If there be no such prior
or simultaneous false statement or fraudulent
representation, any subsequent act of the
accused, however fraudulent and suspicious it
may appear, cannot serve as a basis for
prosecution for this class of estafa.
A creditor who deceived his debtor is liable for
estafa.
UP LAW BOC CRIMINAL LAW 2
In estafa by means of deceit under Art. 315 2(a),
there must be evidence that the pretense of the
accused is false. Without such proof, criminal
intent to deceive cannot be inferred. Fraud must
be proved with clear and positive evidence.
Estafa through false pretenses made in writing is
only a simple crime of estafa, not a complex
crime of estafa through falsification.
PAR 2(B): BY ALTERING THE QUALITY,
FINENESS OR WEIGHT OF ANYTHING
PERTAINING TO ART OR BUSINESS
PAR. 2(C): BY PRETENDING TO HAVE BRIBED
ANY GOVERNMENT EMPLOYEE
Manipulation of scale is punished under the
Revised Administrative Code
Person would ask money from another for the
alleged purpose of bribing a government
employee but just pocketed the money.
PAR 2(D): BY POSTDATING A CHECK OR
ISSUING A BOUNCING CHECK
Elements:
(a) Offender 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.
The check must be genuine, and not falsified.
The check must be postdated or for an obligation
contracted at the time of the issuance and
delivery of the check and not for pre-existing
obligation.
Exception:
(1) When postdated checks are issued and
intended by the parties only as promissory
notes
(2) When the check is issued by a guarantor
The accused must be able to obtain something
from the offended party by means of the check
he issues and delivers.
The mere fact that the drawer had insufficient or
no funds in the bank to cover the check at the
time he postdated or issued a check is sufficient
to make him liable for estafa.
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RA 4885 deleted the phrase the offender
knowing at the time he had no funds in the
bank:
(1) The failure of the drawer to deposit the
amount needed to cover his check
(2) Within 3 days from receipt of notice of
dishonor of check for lack or insufficiency of
funds
(3) Shall be prima facie evidence of deceit
constituting false pretense or fraudulent act.
Good faith is a defense in a charge of estafa by
postdating or issuing a check. One who got hold
of a check issued by another, knowing that the
drawer had no sufficient funds in the bank, and
used the same in the purchase of goods, is
guilty of estafa. [People v. Isleta]
PD 818, which increases the penalty for estafa
committed by means of bouncing checks,
applies only to estafa under par 2(d) of Art. 315,
and does not apply to other forms of estafa.
[People v Villaraza, 81 SCRA 95] Hence, the
penalty prescribed in PD 818, not the penalty
provided for in Art. 315, should be imposed
when the estafa committed is covered by par
2(d) of Art. 315.
Estafa by issuing a bad check is a continuing
crime.
BP 22 (Anti-Bouncing Checks Law)
PUNISHABLE ACTS:
1.(a) A person makes or draws and issues any
check to apply on account or for value;
(b) He knows at the time of issuance that he
does not have sufficient funds in or credit
with the drawee bank for the payment of
such check in full upon its presentment; and
(c) The check is subsequently dishonored by the
drawee bank for insufficiency of funds or
credit or would have been dishonored for the
same reason had not the drawer, without
any valid reason, ordered the bank to stop
payment.
2.(a) A person has sufficient funds in or credit
with the drawee bank when he makes or
draws and issues a check;
(b) He fails to keep sufficient funds or to
maintain a credit to cover the full amount
of the check if presented within a period of
UP LAW BOC CRIMINAL LAW 2
ninety (90) days from the date appearing
thereon;
(c) For which reason, the check is dishonored
by the drawee bank.
Where the check is drawn by a corporation,
company or entity, the person or persons who
actually signed the check in behalf of such
drawer shall be liable under this Act.
EVIDENCE OF KNOWLEDGE OF INSUFFICIENT
FUNDS
Section 2. Evidence of knowledge of insufficient
funds. - The making, drawing and issuance of a
check payment of which is refused by the drawee
because of insufficient funds in or credit with such
bank, when presented within ninety (90) days
from the date of the check, shall be prima facie
evidence of knowledge of such insufficiency of
funds or credit unless such maker or drawer pays
the holder thereof the amount due thereon, or
makes arrangements for payment in full by the
drawee of such check within (5) banking days
after receiving notice that such check has not
been paid by the drawee.
Preference of Imposition of Fine
The decision by Supreme Court in Vaca vs. CA
modified the sentence imposed for violation of
B.P. Blg. 22 by deleting the penalty of
imprisonment and imposing only the penalty of
fine in an amount double the amount of the
check. In justification thereof, the Court said:
Petitioner are first-time offenders. In Lim vs.
People of the Philippines, the Court deleted the
penalty of imprisonment and sentenced the
drawer of the bounced check to the maximum of
the fine allowed by B.P. Blg. 22, i.e., P200,000,
and concluded that such would best serve the
ends of criminal justice. (A.C. 12-2000)
In a subsequent Administrative Circular, the
Court clarified that:
1. A.C. 12-2000 does not remove imprisonment as
an alternative penalty for violations of B.P. Blg.
22;
2. The Judges concerned may, in the exercise of
sound discretion, and taking into consideration
the peculiar circumstances of each case,
determine whether the imposition of a fine alone
would best serve the interests of justice or
whether forbearing to impose imprisonment
would depreciate the seriousness of the offense,
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CRIMINAL LAW
work violence on the social order, or otherwise be
contrary to the imperatives of justice;
3. Should only a fine be imposed and the accused
be unable to pay the fine, there is no legal
obstacle to the application of the Revised Penal
Code provisions on subsidiary imprisonment.
Double jeopardy does not apply because estafa in
RPC is a distinct crime from BP 22. Deceit and
damage are essential elements of RPC, which
are not required in BP 22. [Nierras vs Dacuycuy
(1990)]
Estafa Through Other Fraudulent
Means (315 Par 3 (a) (b) (c))
PAR 3 (A): BY INDUCING ANOTHER,
THROUGH DECEIT, TO SIGN ANY DOCUMENT
Elements:
(a) Offender Induced the offended party to sign a
document.
(b) That deceit be Employed to make him sign the
document.
(c) Offended party Personally signed the
document.
(d) That Prejudice be caused.
Offender must induce the offended party to sign
the document. If offended party is willing from
the start to sign the document, because the
contents are different from those which the
offended told the accused to state in the
document, the crime is falsification.
There can be no conviction for estafa in the
absence of proof that defendant made
statements tending to mislead complainant.
PAR.3 (B): BY RESORTING TO SOME
FRAUDULENT PRACTICE TO ENSURE
SUCCESS IN A GAMBLING GAME
PAR.3 (C): BY REMOVING, CONCEALING OR
DESTROYING ANY COURT RECORD, OFFICE
FILES, DOCUMENT OR ANY OTHER PAPERS
Elements:
(a) That there be court Record, office files,
documents or any other papers.
(b) That the offender Removed, concealed or
destroyed any of them.
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

(c) That the offender had Intent to defraud Elements:

another. (a) That the thing be immovable, such as a parcel
of land or a building.
If there is no malicious intent to defraud, the (b) Offender who is not the owner of said property
destruction of court record is malicious should represent that he is the owner thereof.
mischief. (c) Offender should have executed an act of
Elements of deceit and abuse of confidence may ownership (selling, encumbering or
co-exist. mortgaging the real property).
If there is neither deceit nor abuse of confidence, (d) Act be made to the prejudice of the owner or a
it is not estafa, even if there is damage. There is third person.
only civil liability.
The thing disposed of must be real property. If it
is chattel, crime is Estafa.
Deceit through Infidelity in Custody of There must be existing real property.
Fraudulent Means Documents Even if the deceit is practiced against the second
Offender is a private Offender is a public purchaser but damage is incurred by the first
person OR a public person entrusted with purchaser, there is violation of par.1 of Art. 316.
person not entrusted the documents Since the penalty is based on the value of the
w/ documents damage there must be actual damage caused.

There is intent to Intent to defraud is not PAR. 2. BY DISPOSING OF REAL PROPERTY

defraud required
The element of damage or prejudice capable of
pecuniary estimation may consist in:
(1) The offended party being deprived of his
money or property, as result of the fraud;
(2) Disturbance in property right; or
(3) Temporary prejudice
Payment subsequent to the commission of estafa
does not extinguish criminal liability or reduce
the penalty.
The crime of estafa is not obliterated by
acceptance of promissory note.
A private person who procures a loan by means of
deceit through a falsified public document of
mortgage, but paid loan within the period
agreed upon, is not guilty of estafa but only
falsification of a public document.
Accused cannot be convicted of estafa with abuse
of confidence if charged w/ estafa by means of
deceit
Article 316 - Other Forms of Swindling
and Deceits
PAR 1. BY CONVEYING, SELLING,
ENCUMBERING, OR MORTGAGING ANY REAL
PROPERTY, PRETENDING TO BE THE OWNER
OF THE SAME
AS FREE FROM ENCUMBRANCE, ALTHOUGH
SUCH ENCUMBRANCE BE NOT RECORDED
Elements:
(a) That the thing disposed of be real property.
(b) Offender knew that the real property was
encumbered, whether the encumbrance is
recorded or not.
(c) There must be express representation by the
offender that the real property is free from
encumbrance.
(d) Act of disposing of the real property be made
to the damage of another.
Act constituting the offense is disposing of the
real property representing that it is free from
encumbrance.
Dispose: includes encumbering or mortgaging.
Encumbrance: includes every right or interest in
the land which exists in favor of third persons.
The offended party would not have granted the
loan had he known that the property was
already encumbered. When the loan had
already been granted when defendant offered
the property as security for the loan, Art. 316
par. 2 is not applicable.
Usurious loan with equitable mortgage is not an
encumbrance on the property.
If 3rd element not established, there is no crime.
There must be damage caused. It is not

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necessary that act prejudice the owner of the
land.
The omitted phrase as free from encumbrance
in par 2 of Art. 316 is the basis of the ruling that
silence as to such encumbrance does not involve
a crime.
PAR. 3. BY WRONGFULLY TAKING BY THE
OWNER OF HIS PERSONAL PROPERTY FROM
ITS LAWFUL POSSESSOR
Elements:
(a) Offender is the Owner of personal property.
(b) Said property is in the Lawful possession of
another.
(c) Offender wrongfully takes it from its lawful
possessor.
(d) Prejudice is thereby caused to the lawful
possessor or third person.
Offender must wrongfully take the personal
property from the lawful possessor. Wrongfully
take does not include the use of violence or
intimidation.
If the thing is taken by means of violence, without
intent to gain, it is not estafa, but grave
coercion.
If the owner took the personal property from its
lawful possessor without the latters knowledge
and later charged him with the value of the
property, the crime is theft. If there is intent to
charge the bailee with its value, the crime is
robbery. [US v Albao]
PAR. 4. BY EXECUTING ANY FICTITIOUS
CONTRACT TO THE PREJUDICE OF ANOTHER
Illustration: A person who simulates a
conveyance of his property to another to
defraud his creditors. If the conveyance is real
and not simulated, the crime is fraudulent
insolvency.
PAR. 5. BY ACCEPTING ANY COMPENSATION
FOR SERVICES NOT RENDERED OR FOR
LABOR NOT PERFORMED
Elements:
(a) Accepting a compensation given to accused
for service not rendered
(b) Malicious failure to return the compensation
wrongfully received (fraud)
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CRIMINAL LAW
There must be fraud. Otherwise, it will only be
solutio indebiti, with civil obligation to return
the wrong payment.
If the money in payment of a debt was delivered
to a wrong person, Art. 316 par 5 is not
applicable.
In case the person who received it later refused or
failed to return it to the owner of the money,
Art. 315 subdivision 1(b) is applicable.
PAR. 6. BY SELLING, MORTGAGING OR
ENCUMBERING REAL PROPERTY OR
PROPERTIES WITH WHICH THE OFFENDER
GUARANTEED THE FULFILMENT OF HIS
OBLIGATION AS SURETY
Elements:
(a) Offender is a Surety in a bond given in a
criminal or civil action.
(b) He Guaranteed the fulfillment of such
obligation with his real property or properties.
(c) He Sells, mortgages, or, in any other manner
encumbers said real property.
(d)That such sale, mortgage, or encumbrance is
(1) Without express authority from the court, or
(2) Made Before the cancellation of his bond,
or
(3) Before being relieved from the obligation
contracted by him.
There must be damage caused under Art. 316.
ESTAFA UNDER PD 1689: INCREASING THE
PENALTY FOR CERTAIN FORMS OF
SWINDLING OR ESTAFA
Syndicated estafa
(a) Estafa or other forms of swindling as defined
by Art. 315 and 316 RPC was committed;
(b) The swindling is committed by a syndicate
consisting of five or more persons formed with
the intention of carrying the unlawful or illegal
act/transaction/enterprise/scheme; and
(c) The defraudation results in the
misappropriation of money contributed by
stockholders, or members of rural banks,
cooperative, samahang nayon(s), or farmers
association, or of funds solicited by
corporations/associations from the general
public.
Penalty: Life imprisonment to death
UP LAW BOC CRIMINAL LAW 2
Large-scale Estafa
(a) Estafa or other forms of swindling as defined
by Art. 315 and 316 RPC was committed;
(b) The swindling is NOT committed by a
syndicate as defined above;
(c) The defraudation results in the
misappropriation of money contributed by
stockholders, or members of rural banks,
cooperative, samahang nayon(s), or farmers
association, or of funds solicited by
corporations/associations from the general
public; and
(d) Amount of fraud exceeds Php. 100,000
Penalty: Reclusion temporal to reclusion
perpetua
Article 317 - Swindling of a Minor
Elements:
(a) That the offender Takes advantage of the
inexperience or emotions or feelings of a
minor.
(b) That he induces such minor
(1) to Assume an obligation, or
(2) to Give release, or
(3) to Execute a transfer of any property right.
(c) That the consideration is
(1) some Loan of money,
(2) Credit, or
(3) Other Personal property.
(d) That the transaction is to the Detriment of
such minor.
Real property is not included because only
money, credit and personal property are
enumerated, and because a minor cannot
convey real property without judicial authority.
Article 318 - Other Deceits
Other deceits are:
(1) By Defrauding or damaging another by any
other deceit not mentioned in the preceding
articles.
(2) By Interpreting dreams, by making forecasts,
by telling fortunes, or by taking advantage of the
credulity of the public in any other manner, for
profit or gain.
Any other kind of conceivable deceit may fall
under this article. As in other cases of estafa,
damage to the offended party is required.
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CRIMINAL LAW
The deceits in this article include false pretenses
and fraudulent acts.
CHAPTER VII: CHATTEL
MORTGAGE
Chattel Mortgage
The object of the Chattel Mortgage Law is to give
the necessary sanction to the statute, so that
mortgage debtors may be deterred from
violating its provisions and mortgage creditors
may be protected against loss or inconvenience
from wrongful removal or sale of mortgaged
property.
Article 319 - Removal, Sale, or Pledge
of Mortgaged Property
Acts punishable under Art. 319:
(1) By knowingly removing any personal property
mortgaged under the Chattel Mortgage Law
to any province or city other than the one in
which it was located at the time of execution
of the mortgage, without the written consent
of the mortgagee or his executors,
administrators or assigns.
(2) By selling or pledging personal property
already pledged, or any part thereof, under
the terms of the Chattel Mortgage Law,
without the consent of the mortgagee written
on the back of the mortgage and noted on the
record thereof in the office of the register of
deeds of the province where such property is
located.
Chattel mortgage must be valid and subsisting.
If chattel mortgage does not contain an affidavit
of good faith and is not registered, it is void and
cannot be prosecuted under Art 319
Elements of knowingly removing mortgaged
personal property:
(a) Personal property is mortgaged under the
Chatter Mortgage Law.
(b) Offender knows that such property is so
mortgaged.
(c) He removes such mortgaged personal
property to any province or city other than the
one in which it was located at the time of the
execution of the mortgage.
(d) That the removal is permanent.
UP LAW BOC CRIMINAL LAW 2
(e) That there is no written consent of the
mortgagee or his executors, administrators or
assigns to such removal.
A person other than the mortgagor who removed
the property to another province, knowing it to
be mortgaged, may be liable. The removal of
the mortgaged personal property must be
coupled with intent to defraud.
No felonious intent if transfer of personal
property is due to change of residence.
If the mortgagee opted to file for collection, not
foreclosure, abandoning the mortgage as basis
for relief, the removal of property to another
province is not a violation of Art 319 par1.
In estafa, the property involved is real property. In
sale of mortgaged property, it is personal
property.
Elements of selling or pledging personal
property already pledged:
(a) That personal property is already pledged
under the terms of the Chattel Mortgage Law.
(b) That the offender, who is the mortgagor of
such property, sells or pledges the same or
any part thereof.
(c) That there is no consent of the mortgagee
written on the back of the mortgage and
noted on the record thereof in the office of the
register of deeds.
The consent of the mortgagee must be
(1) in writing,
(2) on the back of the mortgage, and
(3) noted on the record thereof in the office of the
register of deeds.
Damage is NOT essential.
Chattel mortgage may give rise to estafa by
means of deceit.
Art 319 Art 316 Estafa
In both there is selling of a mortgaged property.
Personal property Property involved is real
property(Art. 316 par 2)
Committed by the mere Committed by selling
failure to obtain real property
consent of the mortgaged as free,
mortgagee in writing, even though the vendor
even if offender should may have obtained the
inform the purchaser consent of the
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CRIMINAL LAW
that the thing sold is mortgagee in writing.
mortgaged
Purpose: to protect the Purpose: to protect the
mortgagee purchaser (1st or 2nd)
CHAPTER VIII: ARSON AND
OTHER CRIMES INVOLVING
DESTRUCTION
KINDS OF ARSON:
(1) Arson (PD 1613, Sec. 1)
(2) Destructive arson (Art. 320, as amended by
RA 7659)
(3) Other cases of arson (Sec. 3, PD 1613)
PD 1613, 1. ARSON
Section 1. Arson. Any person who burns or sets fire
to the property of another shall be punished by
Prision Mayor.
The same penalty shall be imposed when a
person sets fire to his own property under
circumstances which expose to danger the life or
property of another.
Attempted, Frustrated, and Consummated
Arson
Attempted arson: A person, intending to burn a
wooden structure, collects some rags, soaks them
in gasoline and places them beside the wooden
wall of the building. When he was about to light a
match to set fire to the rags, he is discovered by
another who chases him away. In attempted
arson, it is not necessary that there be a fire.
Frustrated arson: If that person is able to light or
set fire to the rags, but the fire was put out before
any part of the building was burned.
Consummated arson: If before the fire was put
out, it had burned a part of the building.
If the property burned is an inhabited house or
dwelling, it is not required that the house be
occupied by one or more persons and the
offender knew it when the house was burned.
No complex crime of arson with homicide. If by
reason of or on the occasion of arson death
results, the penalty of reclusion perpetua to
death shall be imposed. Homicide is absorbed.
UP LAW BOC
Any of 7 circumstances in Sec. 6 of PD 1613 is
sufficient to establish fact of arson if
unexplained.
How is the crime of Arson proved?
In the prosecution for Arson, proof of the crime
charged is complete where the evidence
establishes:
1. the corpus delicti, i.e., a fire because of criminal
agency; and
2. the identity of the defendant as the one
responsible for the crime.
In Arson, the corpus delicti rule is satisfied by
proof of the bare fact of the fire and of it having
been intentionally caused. [Gonzales, Jr. v. People,
GR No. 159950, Feb. 12, 2007]
PD 1613, 2. DESTRUCTIVE ARSON
SEC. 2. Destructive ArsonThe penalty of
Reclusion Temporal in its maximum period to
Reclusion Perpetua shall be imposed if the
property burned is any of the following:
(1) Any ammunition factory and other
establishment where explosives, inflammable or
combustible materials are stored.
(2) Any archive, museum, whether public or
private, or any edifice devoted to culture,
education or social services.
(3) Any church or place of worship or other
building where people usually assemble.
(4) Any train, airplane or any aircraft, vessel or
watercraft, or conveyance for transportation of
persons or property.
(5) Any building where evidence is kept for use in
any legislative, judicial, or administrative or other
official proceeding.
(6) Any hospital, hotel, dormitory, lodging house,
housing tenement, shopping center, public or
private market, theater or movie house or any
similar place or building.
(7) Any building, whether used as a dwelling or
not, situated in a populated or congested area.
SEC. 3. Other Cases of ArsonThe penalty of
Reclusion Temporal to Reclusion Perpetua shall
be imposed if the property burned is any of the
following:
(1) Any building used as offices of the government
or any of its agencies
(2) Any inhabited house or dwelling
CRIMINAL LAW 2 CRIMINAL LAW
(3) Any industrial establishment, shipyard, oil well
or mine shaft, platform or tunnel
(4) Any plantation, farm, pasture land, growing
crop, grain field, orchard, bamboo grove or forest;
(5) Any rice mill, sugar mill, cane mill or mill
central
(6) Any railway or bus station, airport, wharf or
warehouse
Article 320, RPC, as amended, with respect to
destructive arson, and the provisions of PD 1613
respecting other cases of arson provide only one
penalty for the commission of arson, whether
destructive or otherwise, where death results
therefrom. The raison detre is that arson is itself
the end and death is simply the consequence.
In cases where both burning and death occur, in
order to determine what crime/crimes was/were
perpetrated whether arson, murder, or arson
and homicide/murder, it is de rigueur to ascertain
the main objective of the malefactor: (a) if the
main objective is the burning of the building or
edifice, but death results by reason or on the
occasion of arson, the crime is simply Arson, and
the resulting homicide is absorbed; (b) if, on the
other hand, the main objective is to kill a
particular person who may be in a building or
edifice, when fire is resorted to as the means to
accomplish such goal, the crime committed is
Murder only; and lastly, (c) if the objective is,
likewise, to kill a particular person, and in fact the
offender has already done so, but fire is resorted
to as means to cover up the killing, then there are
two separate and distinct crimes committed
Homicide/Murder and Arson
CHAPTER IX: MALICIOUS
MISCHIEF
MALICIOUS MISCHIEF: It is the willful causing of
damage to anothers property for the sake of
causing damage because of hate, revenge or
other evil motive.
Article 327 - Who Are Responsible
Elements of malicious mischief:
(a) Offender deliberately caused damage to the
property of another.
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(b) Such act does not constitute arson or other
crimes involving destruction
(c) Act of damaging anothers property be
committed merely for the sake of damaging it.
If there is no malice in causing damage, the
obligation to pay for the damages is only civil
(Art. 2176)
Damage means not only loss but also diminution
of what is a mans own. Thus, damage to
anothers house includes defacing it. [People v
Asido]
Article 328 - Special Cases of Malicious
Mischief
Special cases of malicious mischief: (qualified
malicious mischief)
(1) Causing damage to obstruct the performance
of public functions
(2) Using any poisonous or corrosive substance
(3) Spreading infection or contagion among
cattle
(4) Causing damage to property of the National
Museum or National Library, or to any archive or
registry, waterworks, road, promenade, or any
other thing used in common by the public.
Article 329 - Other Mischiefs
Other mischiefs not included in Art. 328 are
punished based on value of the damage
caused.
If the amount involved cannot be estimated, the
penalty of arresto menor or fine not exceeding
P200 is fixed by law.
When several persons scattered coconut
remnants which contained human excrement
on the stairs and floor of the municipal building,
including its interior, the crime committed is
malicious mischief under Art. 329. [People v
Dumlao]
Article 330 - Damage and Obstruction
to Means of Communication
Committed by damaging any railway, telegraph,
or telephone lines. If the damage shall result in
any derailment of cars, collision, or other
accident, a higher penalty shall be imposed.
(Qualifying Circumstance)
Telegraph/phone lines must pertain to railways.
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CRIMINAL LAW
What is the crime when, as a result of the damage
caused to railway, certain passengers of the train
are killed? It depends. Art. 330 says without
prejudice to the criminal liability of the offender
for other consequences of his criminal act.
If there is no intent to kill, the crime is damages
to means of communication with homicide
because of the first paragraph of Art. 4 and Art.
48.
If there is intent to kill, and damaging the
railways was the means to accomplish the
criminal purpose, the crime is murder
Article 331 Destroying or Damaging
Statues, Public Monuments or
Paintings
The penalty is lower if the thing destroyed is a
public painting, rather than a public monument.
CHAPTER X: EXEMPTION FROM
CRIMINAL LIABILITY
Article 332 - Exemption from Criminal
Liability in Crimes Against Property
Crimes involved in the exemption:
(1) Theft
(2) Swindling (estafa)
(3) Malicious mischief
If the crime is robbery, exemption does not lie.
Persons exempt from criminal liability:
(1) Spouses, ascendants and descendants, or
relatives by affinity in the same line.
(2) The widowed spouse with respect to the
property which belonged to the deceased
spouse before the same passed into the
possession of another.
(3) Brothers and sisters and brothers-in-law
and sisters-in-law, if living together.
The law recognizes the presumed co-ownership
of the property between the offender and the
offended party. There is no criminal, but only
civil liability.
Art. 332 does not apply to a stranger who
participates in the commission of the crime.
Stepfather and stepmother are included as
ascendants by affinity. [People v Alvarez; People
v Adame]
UP LAW BOC CRIMINAL LAW 2
Guevarra: An adopted or natural child should
also be considered as included in the term
descendants and a concubine or paramour
within the term spouses.
Art. 332 also applies to common-law spouses.
[Art. 144, CC; People v Constantino]
See Also: RA 9372: Human Security Act
Title XI. Crimes against
Chastity
(1) Art. 333: Adultery
(2) Art. 334: Concubinage
(3) Art. 336: Acts of Lasciviousness
(4) Art. 337: Qualified Seduction
(5) Art. 338: Simple Seduction
(6) Art. 339: Acts of Lasciviousness with the
consent of the offended party
(7) Art. 340: Corruption of minors
(8) Art. 341: White Slave Trade
(9) Art. 342: Forcible Abduction
(10) Art. 343: Consented Abduction
(11) Art. 344: Prosecution of the crimes of Adultery
(12) Art. 345: Civil Liability
(13) Art. 346: Liability of ascendants, guardians,
teachers, or other persons entrusted with
custody of the offended party
Article 333 - Adultery
Elements:
(a) That the woman is married;
(b) That she has sexual intercourse with a man
not her husband;
(c) That as regards the man with whom she has
sexual intercourse: he must know her to be
married.
Offenders: Married woman and/or the man who
has carnal knowledge of her, knowing her to be
married, even if the M be subsequently declared
void. It is not necessary that there be a valid M
(i.e. void ab initio)
Essence of adultery: violation of the marital vow
Gist of the crime: the danger of introducing
spurious heirs into the family, where the rights
of the real heirs may be impaired and a man
may be charged with the maintenance of a
family not his own. [US v. Mata]
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CRIMINAL LAW
The offended party must be legally married to the
offender at the time of the filing of the complaint,
even if the marriage be subsequently declared
void.
Each sexual intercourse constitutes a crime of
adultery.
Abandonment without justification is not
exempting, but only mitigating. Both
defendants are entitled to this mitigating
circumstance.
The man, to be guilty of adultery, must have
knowledge of the married status of the woman.
A married man who is not liable for adultery,
because he did not know that the woman is
married, may be held liable for concubinage.
Acquittal of one of the defendants does not
operate as a cause of acquittal of the other.
Under the law, there is no accomplice in adultery.
Direct proof of carnal knowledge is not necessary.
Circumstantial evidence is sufficient. (i.e. love
letters signed by the paramour, photos showing
intimate relations, testimony of witnesses)
Pardon by the husband does not exempt the
adulterous woman and her paramour from
criminal liability for adulterous acts committed
subsequent to such pardon, because the
pardon refers to previous and not to subsequent
adulterous acts
Effect of Pardon - applies to Concubinage as
well:
(1) The pardon must come before the institution of
the criminal prosecution; and
(2) Both the offenders must be pardoned by the
offended party. Act of sexual intercourse
subsequent to adulterous conduct is
considered as an implied pardon.
(3) Pardon of the offenders by the offended party
is a bar to prosecution for adultery or
concubinage.
(4) Delay in the filing of complaint, if satisfactorily
explained, does not indicate pardon.
Effect of consent: The husband, knowing that his
wife, after serving sentence for adultery,
resumed living with her co-defendant, did
nothing to interfere with their relations or to
assert his rights as husband. The second charge
of adultery should be dismissed because of
consent. [People v. Sensano and Ramos]
UP LAW BOC CRIMINAL LAW 2
Agreement to separate may be used as evidence
to show consent by the husband to the infidelity
of his wife.
Effect of death of paramour: Offending wife may
still be prosecuted. The requirement that both
offenders should be included in the complaint is
absolute only when the two offenders are alive.
Effect of death of offended party: The proceedings
may continue. Art. 353 seeks to protect the
honor and reputation not only of the living but
of dead persons as well.
Article 334 - Concubinage
Elements:
(a) That the man must be married;
(b) That he committed any of the following acts:
(1) keeping a mistress in the conjugal dwelling;
(2)Having sexual intercourse under
scandalous circumstance with a woman
not his wife;
(3) Cohabiting with her in any other place;
(c) That as regards the woman, she must know
him to be married.
Offenders: married man and the woman who
knows him to be married.
The woman only becomes liable if she knew him
to be married prior to the commission of the
crime.
In the 3rd way of committing the crime, mere
cohabitation is sufficient; Proof of scandalous
circumstances not necessary. [People v. Pitoc, et.
al.]
A married man is not liable for concubinage for
mere sexual relations with a woman not his wife.
A man would only be guilty of concubinage if he
appeared to be guilty of any of the acts
punished in Art. 334.
A married man who is not liable for adultery
because he did not know that the woman was
married, may be held liable for concubinage. If
the woman knew that the man was married, she
may be held liable for concubinage as well.
Mistress a woman taken by the accused to live
with him in the conjugal dwelling as his
mistress/concubine. [People v. Bacon and People
v. Hilao]
Keeping a mistress in the conjugal dwelling no
positive proof of sexual intercourse is necessary
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CRIMINAL LAW
Conjugal Dwelling the home of the H and the W
even if the wife appears to be temporarily
absent on any account.
The dwelling of the spouses was constructed
from the proceeds of the sale of their conjugal
properties.
The fact that W never had a chance to reside
therein and that H used it with his mistress
instead, does not detract from its nature.
[People v. Cordova (1959)]
Cohabit to dwell together as husband and wife
for a period of time (i.e. A week, a month, year
or longer)
Scandalous circumstances Scandal consists in
any reprehensible word or deed that offends
public conscience, redounds to the detriment of
the feelings of honest persons, and gives
occasion to the neighbors spiritual damage or
ruin. [People v. Santos]
It is only when the mistress is kept elsewhere
(outside the conjugal dwelling) that
scandalous circumstances become an
element of the crime. [US v. Macabagbag]
Qualifying expression: Sexual act which may be
proved by circumstantial evidence
Scandal produced by the concubinage of
husband:
(1) H and mistress live in the same room of a
house
(2) They appear together in public,
(3) Perform acts in sight of the community which
give rise to criticism and general protest
among the neighbors.
When spies are employed for the purpose of
watching the conduct of the accused and it
appearing that none of the people living in the
vicinity has observed any suspicious conduct,
there is no evidence of scandalous
circumstances. [US v. Campos Rueda]
Reason: Adultery is punished more severely than
concubinage because adultery makes possible
the introduction of another mans offspring into
the family so that the offended husband may
have another mans son bearing husbands
name and receiving support from him.
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

Article 336 - Acts of Lasciviousness Acts of Lasciviousness Attempted Rape

Elements: Same means of committing the crime:
(a) That the offender commits any act of (1) Force, threat, or intimidation is employed; or
lasciviousness or lewdness; (2) By means of fraudulent machination or grave
(b) That the act is committed against a person of abuse of authority; or
either sex; (3) The offended party is deprived of reason or
(c) That it is done under any of the ff. otherwise unconscious; or
circumstances: (4) Victim is under 12 yrs. of age or is demented
(1) By using force or intimidation; or Offended party is a person of either sex.
(2) When the offended party is deprived of
reason or otherwise unconscious; The performance of acts of lascivious character
(3) When the offended party is under 12 years Acts performed do not Acts performed clearly
of age or is demented. indicate that the indicate that the
accused was to lie w/ accuseds purpose was
Lewd obscene, lustful, indecent, lecherous; the offended party. to lie w/ the offended
signifies form of immorality which has relation woman.
to moral impurity or that which is carried in
Lascivious acts are the Lascivious acts are only
wanton manner
final objective sought the preparatory acts to
Motive of lascivious acts is not important because by the offender. the commission of rape.
the essence of lewdness is in the very act itself.
Example: If the kissing etc. was done inside
church (which is a public place), absence of Offenses against
Abuses against Chastity
lewd designs may be proven, and the crime is Chastity
unjust vexation only. But if the kissing was done Committed by a private Committed by a public
in the house of a woman when she was alone, individual, in most officer only
the circumstances may prove the accuseds cases
lewd designs. Some act of Mere immoral or
Absent any of the circumstances of rape under lasciviousness should indecent proposal
the 3rd element, the crime is UNJUST have been executed by made earnestly and
VEXATION. (e.g. touching of breast) the offender. persistently is sufficient.
Lascivious intent is implied from the nature of the
act and the surrounding circumstances.
The accused followed the victim, held her,
Consider the act and the environment to
embraced her, tore her dress, and tried to touch
distinguish between Acts of Lasciviousness and
her breast. When a complaint for acts of
Attempted Rape. Desistance in the commission
lasciviousness was filed against him, accused
of attempted rape may constitute acts of
claimed that he had no intention of having
lasciviousness.
sexual intercourse with her and that he did the
No attempted and frustrated acts of
acts only as revenge. TC found the accused
lasciviousness.
guilty of FRUSTRATED ACTS OF
LASCIVIOUSNESS. SC held that there is no
Acts of Lasciviousness Grave Coercion frustrated crime against chastity which includes
Compulsion or force is Compulsion or force is acts of lasciviousness, adultery, and rape.
included in the the very act [People v. Famularcano]
constructive element of constituting the offense From the moment the offender performs all the
force. of grave coercion. elements necessary for the existence of the
felony, he actually attains his purpose.
Must be accompanied Moral compulsion Motive of revenge is of no consequence since the
by acts of amounting to element of lewdness is in the very act itself.
lasciviousness or intimidation is Example: Compelling a girl to dance naked
lewdness. sufficient. before a man is an act of lasciviousness, even if

PAGE 260
UP LAW BOC CRIMINAL LAW 2
the dominant motive is revenge, for her failure
to pay a debt.
Lascivious Conduct under RA 7610
The elements of sexual abuse under Section 5 (b)
of RA 7610 that must be proven in addition to
the elements of acts of lasciviousness are as
follows:
(a) The accused commits the act of sexual
intercourse or lascivious conduct.
(b) The said act is performed with a child
exploited in prostitution or subjected to other
sexual abuse.
(c) The child, whether male or female, is below
18 years of age. [Navarrete vs. People (2007)]
Comparison with art. 366, RPC
Acts of lasciviousness is punished under RA 7610
when performed on a child below 18 years of
age exploited in prostitution or subjected to
other sexual abuse.
The sweetheart theory applies in acts of
lasciviousness and rape, felonies committed
against or without the consent of the victim. It
operates on the theory that the sexual act was
consensual. It requires proof that the accused
and the victim were lovers and that she
consented to the sexual relations.
For purposes of sexual intercourse and lascivious
conduct in child abuse cases under RA 7610, the
sweetheart defense is unacceptable. A child
exploited in prostitution or subjected to other
sexual abuse cannot validly give consent to
sexual intercourse with another person. [Malto
v. People (2007)]
Article 337 - Qualified Seduction
Elements:
(a) That the offended party is a virgin, which is
presumed if she is unmarried and of good
reputation;
(b) That the she must be over 12 and under 18 yrs.
of age; (13-17 years 11 months 29 days)
(c) That the offender has sexual intercourse with
her;
(d) That there is abuse of authority, confidence, or
relationship on the part of the offender.
Seduction - enticing a woman to unlawful sexual
intercourse by promise of marriage or other
means of persuasion without use of force. It
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CRIMINAL LAW
applies when there is abuse of authority
(qualified seduction) or deceit (simple
seduction).
Two classes of Qualified Seduction:
(1) Seduction of a virgin over 12 years and under 18
years of age by certain persons such as, a
person in authority, priest, teacher or any
person who, in any capacity shall be entrusted
with the education or custody of the woman
seduced.
(2) Seduction of a sister by her brother, or
descendant by her ascendant, regardless of her
age or reputation.
Virgin - a woman of chaste character and of good
reputation. The offended party need not be
physically a virgin.
If there is no sexual intercourse and only acts of
lewdness are performed, the crime is acts of
lasciviousness. If any of the circumstances in the
crime of rape is present, the crime is not to be
punished under Art. 337.
The accused charged with rape cannot be
convicted of qualified seduction under the same
information.
Offenders in Qualified Seduction:
(1) Those who abused their authority:
(a) Person in public authority;
(b) Guardian;
(c) Teacher;
(2) Person who, in any capacity, is entrusted with
the education or custody of the woman
seduced.
(3) Those who abused confidence reposed in
them:
(a) Priest;
(b) House servant;
(c) Domestic
(4) Those who abused their relationship:
(a) Brother who seduced his sister;
(b) Ascendant who seduced his descendant.
Domestic - a person usually living under the
same roof, pertaining to the same house.
Not necessary that the offender be the teacher of
the offended party; it is sufficient that he is a
teacher in the same school.
Qualified seduction may also be committed by a
master to his servant, or a head of the family to
any of its members.
UP LAW BOC CRIMINAL LAW 2
Qualified seduction of a sister or descendant, also
known as INCEST, is punished by a penalty next
higher in degree.
The age, reputation, or virginity of the sister or
descendant is irrelevant. The relationship need
not be legitimate.
A 15-year old virgin, who was brought by her
mother to the house of the accused and his wife
to serve as a helper, repeatedly yielded to the
carnal desires of the accused, as she was
induced by his promises of marriage and
frightened by his acts of intimidation.
HELD: DECEIT, although an essential element
of ordinary or simple seduction, does not need
to be proved or established in a charge of
qualified seduction. It is replaced by ABUSE OF
CONFIDENCE. [People v. Fontanilla]
The accused, a policeman, brought a 13-year old
girl with low mentality, to the ABC Hall where
he succeeded in having sexual intercourse with
her. The complaint did not allege that the girl
was a virgin. The accused was charged with
RAPE but convicted of QUALIFIED
SEDUCTION.
HELD: Though it is true that virginity is presumed
if the girl is over 12 but under 18, unmarried and
of good reputation, virginity is still an essential
element of the crime of qualified seduction and
must be alleged in the complaint. Accused is
guilty of RAPE, considering the victims age,
mental abnormality and deficiency. There was
also intimidation with the accused wearing his
uniform. [Babanto v. Zosa]
Perez succeeded in having sexual intercourse
with Mendoza after he promised to marry her.
As he did not make good on said promise,
Mendoza filed a complaint for Consented
Abduction. Trial Court found that the acts
constituted seduction, acquitting him on the
charge of Consented Abduction. Mendoza then
filed a complaint for Qualified Seduction. Perez
moved to dismiss the case on the grounds of
double jeopardy.
HELD: There are similar elements between
consented abduction and qualified seduction,
namely:
(1) the offended party is a virgin, and
(2) over 12 but under 18 yrs. of age
However, an acquittal for CONSENTED
ABDUCTION will not preclude the filing of a
charge for QUALIFIED SEDUCTION because the
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CRIMINAL LAW
elements of the two crimes are different. [Perez
v. CA]
NOTE: The fact that the girl gave consent to the
sexual intercourse is not a defense.
Article 338 - Simple Seduction
Elements:
(a) That the offended party is over 12 and under
18 years of age;
(b) That she is of good reputation, single or
widow;
(c) That the offender has sexual intercourse with
her;
(d) That it is committed by means of deceit.
Purpose of the law - To punish the seducer who by
means of promise of marriage, destroys the
chastity of an unmarried female of previous
chaste character
Virginity of offended party is not essential, good
reputation is sufficient.
Deceit generally takes the form of unfulfilled
promise of marriage.
Promise of marriage must be the inducement and
the woman must yield because of the promise
or other inducement.
What about unfulfilled promise of material
things, as when the woman agrees to sexual
intercourse in exchange for jewelry? This is not
seduction because she is a woman of loose
morals.
Promise of marriage after sexual intercourse does
not constitute deceit. Promise of marriage by a
married man is not a deceit, if the woman knew
him to be married.
Seduction is not a continuing offense.
Article 339 - Acts of Lasciviousness
with the Consent of the Offended Party
Elements:
(a) Offender commits acts of lasciviousness or
lewdness;
(b) The acts are committed upon a woman who is
a virgin or single or widow of good reputation,
under 18 yrs. of age but over 12 yrs., or a sister
or descendant, regardless of her reputation or
age;
(c) The offender accomplishes the acts by abuse
of authority, confidence, relationship, or
deceit.
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

Habituality is not a necessary element of white

It is necessary that it be committed under slave trade.
circumstances which would make it qualified or Under any pretext one who engaged the
simple seduction had there been sexual services of a woman allegedly as a maid, but in
intercourse, instead of acts of lewdness only. reality for prostitution, is guilty under this
When the victim is under 12 yrs., the penalty shall article.
be one degree higher than that imposed by law. Victim is under 12 yrs., penalty shall be one
[Sec. 10 of R.A. 7610] degree higher.
Males cannot be the offended party. Offender need not be the owner of the house.
Maintainer or manager of house of ill-repute
Acts of Lasciviousness Acts of Lasciviousness need not be present therein at the time of raid
(Art. 336) with consent (Art. 339) or arrest.
Committed under Committed under
circumstances w/c, had circumstances w/c, had Corruption of Minors White Slave Trade
there been carnal there been carnal
knowledge, would knowledge, would Minority of victims Minority is not required
amount to rape amount to either essential
qualified or simple Victims may be male or Applies only to females
seduction female
Offended party is a Offended party should May not necessarily be Generally for profit
female or male only be female for profit
Committed by a single Generally committed
Article 340 - Corruption of Minors act habitually

Acts punishable: Article 342 - Forcible Abduction

The promotion or facilitation of the prostitution or
corruption of persons under age (minors), to
satisfy the lust of another
Habituality or abuse of authority or confidence is
not necessary.
It is not necessary that the unchaste acts shall
have been done.
Mere proposal will consummate the offense.
The victim must be of good reputation, not a
prostitute or corrupted person.
SEE ALSO: RA 7610: Special Protection of
Children against Child Abuse, Exploitation and
Discrimination
There is a crime of Attempted Child Prostitution.
[Sec. 6, RA 7610]
Article 341 - White Slave Trade
Elements:
(a) The person abducted is any woman,
regardless of her age, civil status or reputation;
(b) The abduction is against her will;
(c) The abduction is with lewd designs.
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
the intent to marry or to corrupt her.
Crimes against chastity where age and
reputation are immaterial:
(1) Acts of lasciviousness against the will or
without the consent of the offended party
(2) Qualified seduction of sister or descendant
(3) Forcible abduction

Acts punishable: The taking away of the woman must be against

(1) Engaging in business of prostitution her will.
(2) Profiting by prostitution The taking away of the woman may be
(3) Enlisting the services of women for the accomplished by means of deceit first and then
purpose of prostitution. by means of violence and intimidation.

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If the female abducted is under 12, the crime is

forcible abduction, even if she voluntarily goes Forcible Abduction
with her abductor. Kidnapping with rape
with Rape
When the victim was abducted by the accused
The violent taking of Not so motivated
without lewd designs, but for the purpose of
the woman is
lending her to illicit intercourse with others, the
motivated by lewd
crime is not abduction but corruption of minors.
designs.
Rape may absorb forcible abduction, if the main
objective was to rape the victim. Crime against chastity Crime against liberty
Sexual intercourse is not necessary in forcible
abduction. Forcible Abduction with Rape - a complex crime
Lewd designs may be shown by the conduct of under Art. 48, and not a special complex crime
the accused. When there are several The victim was abducted by the accused and was
defendants, it is enough that one of them had brought to a hotel where the latter succeeded in
lewd designs. Husband is not liable for having sexual intercourse with her.
abduction of his wife, as lewd design is wanting. HELD: The elements of both rape and forcible
Attempt to rape is absorbed in the crime of abduction are proven. The presence of lewd
forcible abduction, thus there is no complex designs in forcible abduction is manifested by
crime of forcible abduction with attempted the subsequent rape of the victim. [People v.
rape. Sunpongco]
Nature of the crime - The act of the offender is Maggie was abducted and brought to a hotel,
violative of the individual liberty of the where the 4 accused took turns in raping her.
abducted, her honor and reputation, and public HELD: While the first act of rape was being
order. performed, the crime of forcible abduction had
already been consummated, hence, forcible
Forcible Abduction Grave Coercion abduction can only be attached to the first act of
rape, detached from the 3 subsequent acts of
There is violence or intimidation by the offender. rape. The effect therefore would be one count of
The offended party is compelled to do forcible abduction with rape and 4 counts of
something against her will. rape for each of the accused. [People v. Jose]
The accused and 2 other men raped the victim.
Abduction is No lewd design,
The victim was a jeepney passenger who was
characterized by lewd provided that there is
prevented from leaving the jeepney. She was
design. no deprivation of liberty
taken to a remote place where she was raped.
for an appreciable
HELD: The accused is guilty of FORCIBLE
length of time.
ABDUCTION WITH RAPE. It was proven that
the victim was taken against her will and with
lewd design, and was subsequently forced to
Forcible Abduction Corruption of Minors submit to the accuseds lust, rendering her
Purpose is to effect his Purpose is to lend the unconscious in the process. [People v. Alburo]
lewd designs on the victim to illicit There can only be one complex crime of forcible
victim. intercourse with others. abduction with rape.
The victim witnessed the killing of another by the
2 accused. Upon seeing her, the accused
Forcible Abduction Serious Illegal Detention dragged her to a vacant lot where they took
There is deprivation of There is deprivation of turns in raping her. TC convicted them of rape.
liberty and lewd liberty and no lewd HELD: FORCIBLE ABDUCTION is absorbed in
designs. designs the crime of RAPE if the main objective is to rape
the victim. Conviction of acts of lasciviousness is
not a bar to conviction of forcible abduction.
[People v. Godines]

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Article 343 - Consented Abduction
Elements:
(a) Offended party is a virgin;
(b) She is over 12 and under 18 yrs. of age;
(c) Offender takes her away with her consent, after
solicitation or cajolery from the offender;
(d) The taking away is with lewd designs.
Purpose of the law - Not to punish the wrong
done to the girl because she consents to it, but
to prescribe punishment for the disgrace to her
family and the alarm caused by the
disappearance of one who is, by her age and
sex, susceptible to cajolery and deceit.
If the virgin is under 12 or is deprived of reason,
the crime is forcible abduction because such is
incapable of giving a valid consent.
The taking away of the girl need not be with some
character of permanence. Offended party need
not be taken from her house.
When there was no solicitation or cajolery and no
deceit and the girl voluntarily went with the
man, there is no crime committed even if they
had sexual intercourse.
Article 344 - Prosecution of Private
Offenses
(1) Adultery
(2) Concubinage
(3) Seduction
(4) Abduction
(5) Acts of lasciviousness
Nature of the complaint: The complaint must be
filed in court, not with the fiscal. In case of
complex crimes, where one of the component
offenses is a public crime, the criminal
prosecution may be instituted by the fiscal.
The court motu proprio can dismiss the case for
failure of the aggrieved party to file the proper
complaint even if the accused never raised the
question on appeal.
Crimes against chastity cannot be prosecuted de
oficio.
Adultery and Concubinage
Who may file the complaint: Adultery and
Concubinage must be prosecuted upon
complaint signed by the offended spouse.
The offended party cannot institute criminal
prosecution without including BOTH the guilty
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CRIMINAL LAW
parties if they are alive. Both parties must be
included in the complaint even if one of them is
not guilty.
Consent and pardon bar the filing of a criminal
complaint.
The imputation of a crime of prostitution against
a woman can be prosecuted de oficio, but
crimes against chastity cannot.
Prosecution of rape may be made upon
complaint by any person.
Effect of Pardon:
Effect of Pardon in Adultery applies also to
Concubinage
Condonation or forgiveness of one act of adultery
or concubinage is not a bar to prosecution of
similar acts that may be committed by the
offender in the future.
Consent:
May be express or implied
Given before the adultery or concubinage was
committed
Agreement to live separately may be evidence of
consent.
Affidavit showing consent may be a basis for new
trial.
Seduction, abduction, acts of lasciviousness
Seduction, abduction, or acts of lasciviousness
must be prosecuted upon complaint signed by
(1) Offended party - When the offended party is a
minor, her parents may file the complaint.
When the offended party is of age and is in
complete possession of her mental and physical
faculties, she alone can file the complaint.
(2) Parents, Grandparents or Guardian in that
order
When the offended is a minor or incapacitated
and refuses to file the complaint, any of the
persons mentioned could file.
The term guardian refers to legal guardian. He
must be legally appointed by the Court.
The State may also file the complaint as parens
patriae when the offended party dies or
becomes incapacitated before she could file the
complaint and has no known parents,
grandparents, or guardians
Effect of Pardon:
(1) Offended party cannot institute criminal
proceedings if the offender has been
UP LAW BOC CRIMINAL LAW 2
EXPRESSLY pardoned by the offended party,
or her parents, grandparents or guardian.
(2) Pardon by the parent, grandparent, or
guardian must be accompanied by the express
pardon of the offended woman.
(3) The right to file action of the parents,
grandparents and guardian shall be
EXCLUSIVE of other persons and shall be
exercised successively in the order provided.
(4) Pardon by the offended party who is a minor
must have the concurrence of parents,
EXCEPT when the offended party has no
parents.
Rape complexed with another crime against
chastity need NOT be signed by the offended
woman, since rape is a public crime. When the
evidence fails to prove a complex crime of rape
with another crime, and there is no complaint
signed by the offended woman, the accused
CANNOT be convicted of rape.
Marriage of the offender with the offended party
in seduction, abduction, acts of lasciviousness
and rape, extinguishes criminal action or remits
the penalty already imposed.
Marriage (in cases of seduction, abduction, and
acts of lasciviousness) extinguishes the criminal
action even as to co-principals, accomplices,
and accessories.
Marriage must be entered into in good faith.
Marriage may take place AFTER criminal
proceedings have commenced, or even after
conviction (extinguishes criminal action and
remits penalty).
Article 345: Civil Liability
Those guilty of rape, seduction or abduction:
(1) To indemnify the offended woman
(2) To acknowledge the offspring, unless the law
should prevent him from doing so
(3) In every case to support the offspring,
EXCEPT:
(a) in cases of adultery and concubinage
(b) where either of the offended party or
accused is married
(c) when paternity cannot be determined, such
as in multiple rape
(d) other instances where the law prevents
such
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The adulterer and the concubine can be
sentenced only to indemnify for damages
caused to the offended spouse.
In rape of a married woman, only indemnity is
allowed.
Article 346 Liability of ascendants,
guardians, teachers and other persons
entrusted with the custody of the
offended party
Liability of ascendants, guardians, teachers or
other persons entrusted with the custody of
the offended party
(1) Persons who cooperate as accomplices but are
punished as principals in rape, seduction,
abduction, etc.
(a) ascendants
(b) guardians
(c) curators
(d) teachers, and
(e) any other person, who cooperate as
accomplice with abuse of authority or
confidential relationship
(2) The teachers or persons entrusted with
education and guidance of the youth shall
also be penalized with disqualification.
SPECIAL LAWS
RA 9995: Anti-Photo and Video
Voyeurism Act of 2009
Punishable acts
Section 4. Prohibited Acts. - It is hereby
prohibited and declared unlawful for any person:
(a) To take photo or video coverage of a person or
group of persons performing sexual act or any
similar activity or to capture an image of the
private area of a person/s such as the naked or
undergarment clad genitals, public area,
buttocks or female breast without the consent of
the person/s involved and under circumstances in
which the person/s has/have a reasonable
expectation of privacy;
(b) To copy or reproduce, or to cause to be copied
or reproduced, such photo or video or recording
of sexual act or any similar activity with or without
consideration;
UP LAW BOC CRIMINAL LAW 2
(c) To sell or distribute, or cause to be sold or
distributed, such photo or video or recording of
sexual act, whether it be the original copy or
reproduction thereof; or
(d) To publish or broadcast, or cause to be
published or broadcast, whether in print or
broadcast media, or show or exhibit the photo or
video coverage or recordings of such sexual act or
any similar activity through VCD/DVD, internet,
cellular phones and other similar means or
device.
See also: RA 9208: Anti-Trafficking in Persons
Act and RA 9262 Anti-Violence Against Women
and Their Children
Title XII. Crimes against the
Civil Status of Persons
Chapter I: Simulation of Births and Usurpation of
Civil Status
(1) Art 347: Simulation of births, substitution of
one child for another and concealment or
abandonment of a legitimate child
(2) Art 348: Usurpation of civil status
Chapter II: Illegal Marriages
(1) Art 349: Bigamy
(2) Art 350: Marriage contracted against
provisions of law
(3) Art 351: Premature marriages
(4) Art 352: Performance of illegal marriage
ceremony
CHAPTER I: SIMULATION OF
BIRTHS AND USURPATION OF
CIVIL STATUS
Article 347 - Simulation of Births,
Substitution of One Child for Another,
and Concealment or Abandonment of a
Legitimate Child
MODE 1: SIMULATION OF BIRTHS;
MODE 2: SUBSTITUTION OF ONE CHILD FOR
ANOTHER;
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MODE 3: CONCEALING OR ABANDONING
ANY LEGITIMATE CHILD WITH INTENT TO
CAUSE SUCH CHILD TO LOSE ITS CIVIL
STATUS.
The object of the crime under Art. 347 is the
creation of false, or the causing of loss of, civil
status.
Simulation of birth
Takes place when the woman pretends to be
pregnant when in fact she is not, and on the day
of the supposed delivery, takes the child of
another as her own.
The simulation of birth which is a crime is that
which alters the civil status of a person.
The fact that the child will be benefited by the
simulation of its birth is not a defense.
Substitution of one child for another
This is committed when a child of a couple is
exchanged with a child of another couple
without the knowledge of the respective
parents.
The substitution can also happen by placing a live
child of a woman in place of anothers dead
child.
Concealing or abandoning any legitimate child
Requisites:
(1) The child must be legitimate
(2) The offender conceals or abandons such child;
and
(3) The offender has the intent to cause such
child to lose its civil status.
The unlawful sale of a child by his father is not a
crime under this article.
Abandon as used in Art. 347 - The practice of
abandoning newly born infants and very young
child at the door of hospitals and churches.
Art. 347 Art. 246
Offender: Any person Offender: The one who
has the custody of the
child
Purpose: To cause the Purpose: To avoid
child to lose his civil obligation of rearing
status. and caring for the child.
UP LAW BOC CRIMINAL LAW 2
A physician or surgeon or public officer, who
cooperates in the execution of these crimes, is
also liable if he acts in violation of the duties of
his profession or office.
Article 348 - Usurpation of Civil Status
This crime is committed when a person
represents himself to be another and assumes
the filiation or the parental or conjugal rights of
such another person.
Usurpation of profession may be punished under
Art. 348.
There must be an intent to enjoy the rights arising
from the civil status of another.
CHAPTER II: ILLEGAL
MARRIAGES
Article 349 Bigamy
Elements:
(a) Offender has been legally married;
(b) The 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 the Civil Code;
(c) He contracts a second or subsequent
marriage;
(d) The second or subsequent marriage has all
the essential requisites for validity.
The first marriage must be valid.
Nullity of marriage, not a defense in bigamy.
The fact that the first marriage is void from the
beginning is not a defense. As with voidable
marriage, there must be a judicial declaration of
nullity of marriage before contracting the
second marriage.
Good faith is a defense in bigamy.
Failure to exercise due diligence to ascertain the
whereabouts of the first wife is bigamy through
reckless imprudence.
One who contracted a subsequent marriage
before the declaration of presumptive death of
the absent spouse is guilty of bigamy.
The second marriage must have all the essential
requisites for validity.
One convicted of bigamy may also be prosecuted
for concubinage as both are distinct offenses.
The first is an offense against civil status, which
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CRIMINAL LAW
may be prosecuted at the instance of the state;
the second is an offense against chastity, and
may be prosecuted only at the instance of the
offended party.
The test is not whether the defendant has already
been tried for the same act, but whether he has
been put in jeopardy for the same offense.
The second spouse is not necessarily liable for
bigamy.
Whether the second spouse should be included in
the information is a question of fact that was to
be determined by the fiscal who conducted the
preliminary investigation. (People v.
Nepomuceno, Jr., 64 SCRA 518)
The second husband or wife who knew of first
marriage is an accomplice.
The witness who falsely vouched for the capacity
of either of the contracting parties is also an
accomplice.
Bigamy is not a private crime.
Jurisprudence
In Marbella-Bobis v. Bobis, we laid down the
elements of bigamy thus:
(a) The offender has been legally married;
(b) The first marriage has not been legally
dissolved, or in case his or her spouse is
absent, the absent spouse has not been
judicially declared presumptively dead;
(c) He contracts a subsequent marriage; and
(d) The subsequent marriage would have been
valid had it not been for the existence of the
first.
Applying the foregoing test to the instant case,
we note that the trial court found that there was
no actual marriage ceremony performed
between Lucio and Lucia by a solemnizing
officer. Instead, what transpired was a mere
signing of the marriage contract by the two,
without the presence of a solemnizing officer.
The first element of bigamy as a crime requires
that the accused must have been legally
married. But in this case, legally speaking, the
petitioner was never married to Lucia Barrete.
Thus, there is no first marriage to speak of.
Under the principle of retroactivity of a marriage
being declared void ab initio, the two were never
married from the beginning. The contract of
marriage is null; it bears no legal effect.
UP LAW BOC CRIMINAL LAW 2
Taking this argument to its logical conclusion,
for legal purposes, petitioner was not married to
Lucia at the time he contracted the marriage
with Maria Jececha. The existence and the
validity of the first marriage being an essential
element of the crime of bigamy, it is but logical
that a conviction for said offense cannot be
sustained where there is no first marriage to
speak of. The petitioner, must, perforce be
acquitted of the instant charge. [Lucio Morigo v.
People (2002)]
The subsequent judicial declaration of the nullity
of the first marriage was immaterial because
prior to the declaration of nullity, the crime had
already been consummated. Moreover,
petitioner's assertion would only delay the
prosecution of bigamy cases considering that
an accused could simply file a petition to
declare his previous marriage void and invoke
the pendency of that action as a prejudicial
question in the criminal case. We cannot allow
that.
The outcome of the civil case for annulment of
petitioner's marriage to Narcisa had no bearing
upon the determination of petitioner's
innocence or guilt in the criminal case for
bigamy, because all that is required for the
charge of bigamy to prosper is that the first
marriage be subsisting at the time the second
marriage is contracted. Thus, under the law, a
marriage, even one which is void or voidable,
shall be deemed valid until declared otherwise
in a judicial proceeding.
In this case, even if petitioner eventually
obtained a declaration that his first marriage
was void ab initio, the point is, both the first and
the second marriage were subsisting before the
first marriage was annulled. [Abunado v. People
(2004)]
A careful study of the disputed decision reveals
that respondent Judge had been less than
circumspect in his study of the law and
jurisprudence applicable to the bigamy case. In
his comment, respondent Judge stated: That
the accused married Manuel P. Diego in the
honest belief that she was free to do so by virtue
of the decree of divorce is a mistake of fact.
This Court, in People v. Bitdu, carefully
distinguished between a mistake of fact, which
could be a basis for the defense of good faith in
a bigamy case, from a mistake of law, which
does not excuse a person, even a lay person,
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CRIMINAL LAW
from liability. Bitdu held that even if the
accused, who had obtained a divorce under the
Mohammedan custom, honestly believed that
in contracting her second marriage she was not
committing any violation of the law, and that
she had no criminal intent, the same does not
justify her act.
This Court further stated therein that with
respect to the contention that the accused
acted in good faith in contracting the second
marriage, believing that she had been validly
divorced from her first husband, it is sufficient to
say that everyone is presumed to know the law,
and the fact that one does not know that his act
constitutes a violation of the law does not
exempt him from the consequences thereof.
Moreover, squarely applicable to the criminal
case for bigamy, is People v. Schneckenburger,
where it was held that the accused who secured
a foreign divorce, and later remarried in the
Philippines, in the belief that the foreign divorce
was valid, is liable for bigamy. [Diego v. Castillo
(2004)]
Article 350 - Marriage Contracted
against Provisions of Laws
Elements:
(a) Offender contracted marriage;
(b) He knew at the time that
(1) The requirements of the law were not
complied with; or
(2) The marriage was in disregard of a legal
impediment.
Bigamy is a form of illegal marriage.
Illegal marriage includes also such other
marriages which are performed without
complying with the requirements of law, or
marriages where the consent of the other is
vitiated, or such marriage which was
solemnized by one who is not authorized to
solemnize the same.
Conviction of a violation of Art. 350 involves a
crime of moral turpitude. [Villasanta v. Peralta,
101 Phil. 313]
Article 351 - Premature Marriage
Persons liable:
(1) A widow who is married within 301 days from
the date of the death of her husband, or
UP LAW BOC CRIMINAL LAW 2
before having delivered if she is pregnant at
the time of his death;
(2) A woman who, her 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.
The purpose of the law punishing premature
marriages is to prevent doubtful paternity.
[People v. Rosal, 49 Phil. 509]
The Supreme Court considered the reason behind
making such marriages within 301 days
criminal, that is, because of the probability that
there might be a confusion regarding the
paternity of the child who would be born.
If this reason does not exist because the former
husband is impotent, OR was shown to be
sterile such that the woman has had no child
with him, that belief of the woman that after all
there could be no confusion even if she would
marry within 301 days may be taken as evidence
of good faith and that would negate criminal
intent.
Article 352 - Performance of Illegal
Marriage Ceremony
PERSONS LIABLE:
Priests or ministers of any religious denomination
or sect, or civil authorities who shall perform or
authorize any illegal marriage ceremony
The offender must be authorized to solemnize
marriages.
Title XIII. Crimes against
Honor
Chapter I: Libel
(1) Art 353: Definition of Libel
(2) Art 354: Privileged communication
(3) Art 355: Libel by means of writings or similar
means
(4) Art 356: Threatening to publish and offer to
prevent such publication for a compensation
(5) Art. 357: Prohibited Publication of Acts
Referred to in the course of Official Proceedings
(6) Art 358: Slander
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(7) Art 359: Slander by Deed
Chapter II: Incriminatory Machinations
(1) Art 363: Incriminating innocent person
(2) Art 364: Intriguing against honor
CHAPTER I: LIBEL
Article 353 - Definition of Libel
Elements:
(a) There must be an imputation of
(1) a crime,
(2) a vice or defect, real or imaginary, OR
(3) any act, omission, condition, status, or
circumstance;
(b) The imputation must be made publicly;
(c) It must be malicious;
(d) The imputation must be directed at a natural
or juridical person, or one who is dead; and
(e) The imputation must tend to cause dishonor,
discredit or contempt of the offended party.
Defamation is composed of:
(1) Libel written defamation
(2) Slander- oral defamation
(3) Slander by deed defamation through acts
Test of the defamatory character of words used:
Whether they are calculated to induce the
hearers to suppose and understand that the
person against whom they (i.e. the defamatory
words) were uttered was guilty of certain
offenses; OR are sufficient to impeach his
honesty, virtue or reputation, or to hold him up
to public ridicule. [U.S. vs. OConnell]
First element:
There must be an imputation of a crime, a vice or
defect, real or imaginary, OR any act, omission,
condition, status, or circumstance;
Imputation of a criminal act may be implied from
the acts and statements of the accused.
Imputation of criminal intention is not libelous.
An expression of opinion by one affected by the
act of another and based on actual fact is not
libelous.
Second element:
The imputation must be made publicly.
Publication: communication of the defamatory
matter to some third person or persons. There is
UP LAW BOC CRIMINAL LAW 2
no crime if the defamatory imputation is not
published.
Sending an unsealed libelous letter to the
offended party constitutes publication. [Magno
vs. People (2006)]
In libel, publication means making the
defamatory matter, after it is written, known to
someone other than the person against whom it
has been written.
Petitioners subject letter-reply itself states that
the same was copy furnished to all concerned.
Also, petitioner had dictated the letter to his
secretary. It is enough that the author of the
libel complained of has communicated it to a
third person. Furthermore, the letter, when
found in the mailbox, was open, not contained
in an envelope thus, open to public. [Buatis vs.
People (2006)]
Third element:
The publication must be malicious.
Malice in fact may be shown by proof of ill-will,
hatred or purpose to injure.
Malice in law presumed from a defamatory
imputation. Proof of malice is not required. (Art.
354, par.1)
But where the communication is privileged,
malice is not presumed from the defamatory
words.
Malice in law is not necessarily inconsistent with
honest or laudable purpose. Even if the
publication is injurious, the presumption of
malice disappears upon proof of good
intentions and justifiable motive.
But where malice in fact is present, justifiable
motive cannot exist, and the imputations
become actionable.
Fourth element:
The imputation must be directed at a natural or
juridical person, or one who is dead.
In order to maintain a libel suit, it is essential that
the victim be identifiable, although it is not
necessary that the person be named. It is
enough if by intrinsic reference the allusion is
apparent or if the publication contains matters
of description or reference to facts and
circumstances from which others reading the
article may know the person alluded to, or if the
latter is pointed out by extraneous
circumstances so that those knowing such
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CRIMINAL LAW
person could and did understand that he was
the person referred to.
Kunkle v. Cablenews-American and Lyons laid the
rule that this requirement is complied with
where a third person recognized or could
identify the party vilified in the article. [People
vs. Ogie Diaz (2007)]
Defamatory remarks directed at a group of
persons is not actionable unless the statements
are all-embracing or sufficiently specific for the
victim to be identifiable.
Libel published in different places may be taken
together to establish the identification of the
offended party.
While it is true that a publication's libelous nature
depends on its scope, spirit and motive taken in
their entirety, the article in question as a whole
explicitly makes mention of private complainant
Rivera all throughout. It cannot be said that the
article was a mere general commentary on the
alleged existing state of affairs at the
aforementioned public market. Rivera was not
only specifically pointed out several times
therein but was even tagged with derogatory
names. Indubitably, this name-calling was, as
correctly found by the two courts below,
directed at the very person of Rivera himself.
[Figueroa vs. People (2006)]
Fifth element:
The imputation must tend to cause dishonor,
discredit or contempt of the offended party.
Dishonor disgrace, shame or ignominy
Discredit loss of credit of reputation; disesteem
Contempt state of being despised
For a statement to be considered malicious, it
must be shown that it was written or published
with the knowledge that they are false OR in
reckless disregard of WON they were false.
Reckless disregard the defendant entertains
serious doubt as to the truth of the publication,
OR that he possesses a high degree of
awareness of their probable falsity.
To avoid self-censorship that would necessarily
accompany strict liability for erroneous
statements, rules governing liability for injury to
reputation are required to allow an adequate
margin of error by protecting some
inaccuracies. [Borjal v. CA (1999)]
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

in Congress
Fine preferred penalty in libel cases (2) Statements made in Based on par 1 and 2 of
Administrative Circular No. 08-2008 stated the judicial proceedings as Art 354, although the
rule of preference of fine only rather than long as they are list is not exclusive
imprisonment in libel cases, having in mind the ff. relevant to the issue
principles: (3) Military affairs
1) The circular does not remove imprisonment as
an alternative penalty Art 354 does not cover absolute privilege because
2) Judges may, in the exercise of their discretion, character of communications mentioned therein
determine whether the imposition of fine alone is lost upon proof of malice in fact.
would best serve the interest of justice.
3) Should only a fine be imposed and the accused
MALICE IN LAW MALICE IN FACT
unable to pay the fine, there is no legal obstacle
to the application of the RPC on subsidiary Presumed from To be proved by
imprisonment. defamatory character prosecution ONLY IF
of statement malice in law has been
Article 354 - Requirement for Publicity rebutted
General rule: MALICE IS PRESUMED in every Statement is presented Can be negated by
defamatory imputation. to court, and the latter evidence of:
will decide whether it is (1) Good motives AND
Exception: In privileged communications, namely: defamatory or not Justifiable ends; or
(1) A private communication to an officer or a (2) Privileged character
board, or superior, having some interest or
duty in the matter, made by any person in the Requisites of privileged communication under par.
performance of any legal, moral or social duty; 1 of art. 354:
(2) A fair and true report, made in good faith, 1) That the person who made the communication
without any comments or remarks, of had a legal, moral or social duty to make the
(a) any judicial, legislative or other official communication, or, at least, he had an interest
proceedings which are not of confidential to be upheld;
nature, OR 2) That the communication is addressed to an
(b) any statement, report or speech delivered in officer or board, or superior, having some
said proceedings, OR interest or duty in the matter.
(c) any other act performed by public officers in 3) That the statements in the communication are
the exercise of their functions. made in good faith without malice in fact.
Defamatory remarks are PRESUMED malicious. Applying to the wrong person due to honest
The presumption of malice is REBUTTED, if it is mistake does not take the case out of privilege.
shown by the accused that (see discussion of [US v. Bustos, 37 Phil. 731]
Art. 361) Unnecessary publicity destroys good faith.
(1) The defamatory imputation is true, IN CASE The privileged character simply does away with
the law allows proof of the truth of the the presumption of malice.
imputation; The rule is that a communication loses its
(2) It is published with good intention; AND privileged character and is actionable on proof
(3) There is justifiable motive for making it of actual malice.
Privileged communication is NOT PRESUMED That the statement is a privileged communication
malicious. is a matter of defense. To overcome the defense
of privileged communication under par. 1 of Art.
ABSOLUTE QUALIFIED 354, it must be shown that:
NOT actionable. Actionable IF Malice or (1) The defendant acted with malice in fact; or
Narrow and few: Bad faith is proven (2) There is no reasonable ground for believing
(1) Privileged speeches (malice in fact) the charge to be true.

PAGE 272
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Fair and true report of official proceedings
Official proceedings refer to proceedings of the 3
branches of the government: judiciary,
legislative, and executive.
Requisites:
(1) That it is a fair and true report of a judicial,
legislative, or other official proceedings
which are not confidential in nature, or of a
statement, report, or speech delivered in said
proceedings, or of any other act performed
by a public officer in the exercise of his
functions.
(2) That it is made in good faith; and
(3) That it is without comments or remarks
The communication must be pertinent and
material to the subject matter.
Doctrine of fair comment: Fair commentaries on
matters of public interest are privileged and
constitute a valid defense in an action for libel
or slander.
In order that a discreditable imputation to a
public official may be actionable, it must either
be:
(1) A false allegation of fact; OR
(2) A comment based on a false supposition.
[People v. Velasco (2000)]
PUBLIC FIGURE one who, by his
accomplishments, fame, mode of living, OR by
adopting a profession or calling which gives the
public a legitimate interest in his doings, his
affairs and his character, has become a public
personage [Ayer Productions v. Capulong
(1988)]
Based on the ruling in US v. Ocampo, proof of
knowledge of and participation in the
publication of the offending article is not
required, if the accused has been specifically
identified as author, editor, or proprietor or
printer/publisher of the publication.
Article 355 - Libel by Writing or Similar
Means
Libel may be committed by means of:
(1) Writing;
(2) Printing;
(3) Lithography;
(4) Engraving;
(5) Radio;
(6) Photograph;
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CRIMINAL LAW
(7) Painting;
(8) Theatrical exhibition;
(9) Cinematographic exhibition; or
(10) Any similar means. (e.g. video broadcast)
Common characteristic of written libel: their
permanent nature as a means of publication.
Use of amplifier system is not libel but oral
defamation (slander). But the defamation made
in the television program is libel.
Article 356 - Threatening to Publish
and Offer to Prevent Such Publication
for a Compensation
Acts Punished:
(1) Threatening another to publish a libel
concerning him, his parents, spouse, child or
other members of his family
(2) Offering to prevent the publication of such
libel for compensation or money
consideration.
The essence of this crime is blackmail, which is
defined as any unlawful extortion of money by
threats of accusation or exposure.
Blackmail can also be in the form of light threats,
which is punished under ARTICLE 283.
Article 357 - Prohibited Publication of
Acts Referred to in the Course of
Official Proceedings (Gag Law)
Elements:
(a) Offender is a reporter, editor or manager of a
newspaper, daily or magazine;
(b) He publishes facts connected with the private
life of another;
(c) Such facts are offensive to the honor, virtue
and reputation of said person.
Requisites of violation:
(1) That the article published contains facts
connected with the private life of an individual;
and
(2) That such facts are offensive to the honor,
virtue and reputation of said person.
This article is referred to as the Gag Law.
Prohibition applies even if the facts are involved
in official proceedings.
UP LAW BOC CRIMINAL LAW 2
Newspaper reports on cases pertaining to
adultery, divorce, legitimacy of children, etc. are
barred from publication.
Under RA 1477, a newspaper reporter cannot be
compelled to reveal the source of the news
report he made, UNLESS the court or a House
or committee of Congress finds that such
revelation is demanded by the security of the
state.
Article 358 - Slander
Slander, or oral defamation is composed of
two kinds:
(1) Simple slander
(2) Grave slander
Factors that determine the gravity of the oral
defamation:
(1) Expressions used
(2) Personal relations of the accused and the
offended party.
(3) The surrounding circumstances.
Illustration of grave slander:
A woman of violent temper hurled at a
respectable married lady with young daughters
offensive and scurrilous epithets including
words imputing unchastity to the mother and
tending to injure the character of the daughters
[U.S. vs. Toloso]
Illustration of simple slander:
(1) Calling a person a gangster
(2) Uttering defamatory words in the heat of
anger with some provocation on the part of the
offended party
The Court does not condone the vilification or
use of scurrilous language on the part of
petitioner, but following the rule that all
possible circumstances favorable to the
accused must be taken in his favor, it is our
considered view that the slander committed by
petitioner can be characterized as slight slander
following the doctrine that: uttering defamatory
words in the heat of anger, with some
provocation on the part of the offended party,
constitutes only a light felony. [Villanueva vs.
People (2006)]
(3) The word putang ina mo is a common
expression in the dialect that is often employed
not really to slander but rather to express anger
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CRIMINAL LAW
or displeasure. It is seldom, if ever taken in its
literal sense by the hearer, that is, as a reflection
on the virtue of a mother. [Reyes vs. People]
The slander need not be heard by the offended
party.
Article 359 - Slander by Deed
Elements:
(1) Offender performs any act not included in any
other crime against honor;
(2) Such act is performed in the presence of other
person or persons; and
(3) Such act casts dishonor, discredit or contempt
upon the offended party.
Slander by deed is a crime against honor which is
committed by performing any act which casts
dishonor, discredit, or contempt upon another
person.
Slander by deed is of two kinds
(1) Simple slander by deed
(2) Grave slander by deed
There is no fixed standard in determining whether
a slander is serious or not; hence the courts
have sufficient discretion to determine the
same, basing the finding on the attendant
circumstances and matters relevant thereto.
Slapping the face of another is slander by deed if
the intention of the accused is to cause shame
or humiliation.
Fighting the offended party with intention to
insult him is slander by deed.
Pointing a dirty finger constitutes simple slander
by deed.
Slander by deed and acts of lasciviousness
distinguished by presence of lewd designs. If
such is present, it is an act of lasciviousness.
Slander by deed and maltreatment the nature
and effect of maltreatment determines the
crime committed. If the offended party suffered
from shame or humiliation caused by the
maltreatment, it is slander by deed.
Slander by deed and unjust vexation If it merely
annoys and irritates, without any other
concurring factor, it is unjust vexation. If the
irritation or annoyance was attended by
publicity and dishonor, it is slander by deed.
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

Article 360 - Persons Responsible for If he is a public officer, the criminal action can
Libel only be instituted in either:
(1) The person who publishes, exhibits or causes (1) RTC of the province or city where the libelous
the publication or exhibition of any defamation article is printed and first published, OR
in writing or similar means. (2) RTC of the province or city where he held
(2) The author or editor of a book or pamphlet. office at the time of the commission of the
(3) The editor or business manager of a daily offense
newspaper, magazine or serial publication.
If he is a private person, the criminal action
(4) The owner of the printing plant which
may be brought in:
publishes a libelous article with his consent
(1) RTC of the province or city where the libelous
and all other persons who in any way
article is printed and first published, OR
participate in or have connection with its
(2) RTC of the province or city where he actually
publication.
resided at the time of the commission of the
Liability of the editor is the same as that of the offense
author.
In order to obviate controversies as to the venue
Lack of participation in the preparation of libelous
of the criminal action for written defamation,
articles does not shield the persons responsible
the complaint or information should contain
from liability.
allegations as to whether, at the time the
Under Republic Act 8792, otherwise known as
offense was committed, the offended party was
the
a public officer or a private individual and where
Electronic Commerce Act, a party or person
he was actually residing at that time.
acting as a service provider incurs NO civil or
Whenever possible, the place where the written
criminal liability in the making, publication,
defamation was printed and first published
dissemination or distribution of libelous
should likewise be alleged. That allegation
material if:
would be a sine qua non if the circumstance as
(1) The service provider does not have actual
to where the libel was printed and first
knowledge, or is not aware of the facts or
published is used as the basis of the venue of
circumstances from which it is apparent that
the action. [Macasaet v. People (2005)]
making, publication, dissemination or
Civil and criminal action must be filed with the
distribution of such material is unlawful or
same court.
infringes any rights;
Offended party must file the complaint for
(2) The service provider does not knowingly
defamation imputing a crime which cannot be
receive a financial benefit directly
prosecuted de officio.
attributable to the infringing activity;
Libel imputing a vice or defect, not being an
(3) The service provider does:
imputation of a crime, is always prosecuted
(a) not directly commit any infringement or
upon information signed and filed by the fiscal.
other unlawful act and
(b) does not induce or cause another person or
party to commit any infringement or other
Article 361 - Proof of Truth
unlawful act
(c) and/or does not benefit financially from the When admissible?
infringing activity or unlawful act of another (1) When the act or omission imputed constitutes
person or party [Section 30, in relation to a crime regardless of whether the offended
Section 5, E-Commerce Law]. party is a private individual or a public officer.
(2) When the offended party is a Government
Where to file the criminal action? It depends on
employee, even if the imputation does not
who the offended party is.
constitute a crime, provided it is related to the
discharge of his official duties.

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Rule of actual malice [or malice in fact]: Even if
the defamatory statement is false, NO liability
can attach IF it relates to official conduct,
UNLESS the public official concerned proves
that the statement was made with actual
malice, i.e., with knowledge that it was false or
with reckless disregard of WON it was false.
That the publication of the article was an honest
mistake is not a complete defense but serves
only to mitigate damages where article is
libelous per se.
Libel against a public official
An open letter addressed to the stockholders of
OPMC was the subject of a full-page
advertisement published in 5 major daily
newspapers. Coyiuto, Jr., wrote in his capacity as
Chairman of the Board and President of OPMC,
that there was a sweetheart deal between
Commissioner Mario Jalandoni of the PCGG and
Rizal Commercial Banking Corp. (RCBC) to the
prejudice of the Government.
In the recent case of Vasquez v. Court of Appeals,
et. al., the Court ruled that: "The question is
whether from the fact that the statements were
defamatory, malice can be presumed so that it
was incumbent upon petitioner to overcome
such presumption. Under Art. 361 of the
Revised Penal Code, if the defamatory
statement is made against a public official with
respect to the discharge of his official duties
and functions and the truth of the allegation is
shown, the accused will be entitled to an
acquittal even though he does not prove that
the imputation was published with good
motives and for justifiable ends."
Moreover, the Court has ruled in a plethora of
cases that in libel cases against public officials
which relate to official conduct liability will
attach only if the public official concerned
proves that the statement was made with
actual malice, that is, with knowledge that it
was false.
Imputations regarding official conduct do not
carry the presumption of malice, hence even if
the defamatory statement is false, if malice was
not proven, there is no libel. Here petitioner
failed to prove actual malice on the part of the
private respondents. Nor was the Court of the
opinion that the open letter was written to cast
aspersion on the good name of the petitioner.
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CRIMINAL LAW
The paid advertisement merely served as a
vehicle to inform the stockholders of the
goings-on in the business world and only
exposed the irregularities surrounding the
PCGG and RCBC deal and the parties involved.
[Mario C.V Jalandoni v Secretary of Justice
(2000)]
Truth is a legitimate defense but only under the
condition that the accused has been prompted
in making the statement by good motives and
for justifiable ends.
There must be sufficient evidence to permit the
conclusion that the accused in fact entertained
serious doubts as to the truth of the statement
he published. Gross/extreme negligence is not
sufficient to establish actual malice. The
prosecution bears the burden of proving the
presence of actual malice in instances where
such element is required to establish guilt. The
defense of absence of actual malice, even when
the statement turns out to be false, is available
where the offended party is a public official or
public figure.
Malice is presumed, however, when the
offended party is a private individual. The law
presumes its existence (RPC Art 354) and the
accused has the burden of proof to show that
he has a justifiable reason for the defamatory
statement. [Disini v. Secretary of Justice (2014)]
Article 362 - Libelous Remarks
(1) Libelous remarks or comments
(2) connected with the matter privileged under
the provisions of Art. 354,
(3) if made with malice,
(4) shall NOT exempt the author thereof nor the
editor or managing editor of a newspaper from
criminal liability.
Libelous remarks or comments on matters
privileged, if made with malice in fact, do not
exempt the author and editor.
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

CHAPTER II: INCRIMINATORY the truth of a defamatory utterance, repeats the

same and pass it on to another, to the damage
MACHINATIONS of the offended party
This crime is committed by any person who shall
Article 363 - Incriminating innocent make any intrigue which has for its principal
person purpose to blemish the honor or reputation of
another person.
Slander Incriminating
Intriguing
innocent
against honor
person Title XIV. Quasi-Offenses
The source of Offender made Offender
the the utterance, performs an Article 365 - Imprudence and
defamatory where the act by which
utterance is source of the he directly
Negligence
unknown and defamatory incriminates or
the offender nature of the imputes to an Quasi-offenses punished:
simply repeats utterance is innocent (1) Committing through reckless imprudence any
or passes the known, and person the act which, had it been intentional, would
same to offender commission of constitute a grave or less grave felony or light
blemish the makes a a crime felony;
honor or republication (2) Committing through simple imprudence or
reputation of thereof negligence an act which would otherwise
another constitute a grave or a less serious felony;
(3) Causing damage to the property of another
through reckless imprudence or simple
As far as this crime is concerned, this has been
imprudence or negligence;
interpreted to be possible only in the so-called
(4) Causing through simple imprudence or
planting of evidence. If this act is resorted to, to
negligence some wrong which, if done
enable officers to arrest the subject, the crime is
maliciously, would have constituted a light felony.
unlawful arrest through incriminating innocent
persons.
This crime cannot be committed through verbal Imprudence Negligence
incriminatory statements. Lack of skill Lack of foresight
Deficiency of action Deficiency of perception
Incriminating Perjury by Defamation
innocent making false Failure in precaution Failure in advertence
person accusations
Imprudence or negligence is not a crime itself; it
Act of planting Giving of false Public and
is simply a way of committing a crime. It
evidence and statement malicious
becomes punishable only when it results in a
the like in order under oath or imputation
crime.
to incriminate making a false calculated to
The rules for graduating penalties (under Art. 64)
an innocent affidavit, cause
based on mitigating and aggravating
person imputing to the dishonor,
circumstances are NOT applicable to offenses
person the discredit, or
punishable thru criminal negligence.
commission of contempt upon
Qualifying Circumstance: failure to render
a crime the offended
immediate assistance to the injured party. This
party
qualifying circumstance must be distinguished
from the punishable omission under Article 275.
Article 364 - Intriguing against Honor If the danger that may result from the criminal
Intriguing against honor is referred to as negligence is clearly perceivable, the
gossiping: the offender, without ascertaining imprudence is reckless. If it could hardly be

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perceived, the criminal negligence would only
be simple.
Criminal negligence is only a modality in
incurring criminal liability. This is so because
under Article 3, a felony may result from dolo or
culpa. therefore, even if there are several results
arising from only one carelessness, the accused
may only be prosecuted under one count for the
criminal negligence. Otherwise, double jeopardy
would arise.
Reckless Imprudence:
(a) The offender does or fails to do an act
(b) The doing of or the failure to do the act is
voluntary
(c) It be without malice
(d) Material damage results
(e) There is inexcusable lack of precaution on the
part of the offender, taking into consideration:
(1) His employment/occupation
(2) Physical condition
(3) Degree of intelligence
(4) Other circumstances regarding the
persons, time and place
Inexcusable lack of precaution
Factors to be considered in determining
inexcusable lack of precaution:
(1) Employment or occupation
(2) Degree of intelligence and physical condition
of the offender; and
(3) Other circumstances regarding persons,
time, and place.
Force majeure is an event which cannot be
foreseen, or which being foreseen is inevitable;
it implies an extraordinary circumstance
independent of the will of the actor.
Once malice is proven, recklessness disappears.
[People v. Agliday (2001)]
Simple Imprudence
(a) There is lack of precaution on the part of the
offender
(b) The damage impending to be caused is not
immediate or the danger is not clearly
manifest.
Test of negligence: Would a prudent man, in the
position of the person to whom negligence is
attributed, foresee harm as a result of the
course actually pursued? If so, it was the duty of
the actor to refrain from that course or to take
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CRIMINAL LAW
precautions against its mischievous results, and
the failure to do so constitutes negligence.
The measure of the damage should be the
difference in value of property immediately
before the incident and immediately after the
repair.
Art. 64 relative to mitigating and aggravating
circumstances is not applicable to crimes
committed through negligence.
The penalties provided in Art. 365 are not
applicable in the ff. cases:
(1) When the penalty provided for the offense is
equal to or lower than those provided in the
first two paragraphs of Art. 365, in which
case the courts shall impose the penalty
next lower in degree that that which should
be imposed, in the period which they may
deem proper to apply.
(2) When, by imprudence or negligence and
with violation of the Automobile Law, the
death of a person shall be caused, in which
case the defendant shall be punished by
prision correccional in its medium and
maximum periods.
(3) When death or serious bodily injury to any
person has resulted, the motor vehicle driver
at fault shall be punished under the Penal
Code.
Contributory negligence is not a defense. It only
mitigates criminal liability.
Sec. 59 of Act 3992 (Revised Motor Vehicle Law)
gives the right of way to the driver coming from
the right of another, when both are travelling on
intersecting streets of the same class. The grant
of right of way does not relieve the motorist
from the duty of keeping a lookout for motorists
entering the intersection from his left or right.
Doctrine of last clear chance
The contributory negligence of the party injured
will not defeat the action if it be shown that the
accused might, by exercise of reasonable care
and prudence, have avoided the consequences
of the negligence of the injured party.
Emergency rule
An automobile driver who, by negligence of
another and not by his own negligence, is
suddenly placed in an emergency and
compelled to act instantly to avoid collision or
injury is not guilty of negligence if he makes
such a choice which a person of ordinary
UP LAW BOC CRIMINAL LAW 2
prudence placed in such situation might make
even though he did not make the wisest choice.
One who suddenly finds himself in a place of
danger, and is required to act without time to
consider the best means that may be adopted
to avoid the impending danger, is not guilty of
negligence, if he fails to adopt what
subsequently and upon reflection may appear
to have been a better method, unless the
emergency in which he finds himself is brought
about by his own negligence. [Gan v. CA (1988)]
Violation of a rule or regulation or law is proof of
negligence. But negligence cannot be
predicated upon the mere fact of minority or
lack of an operators license.
The penalty next higher in degree is imposed if
the offender fails to lend on the spot to the
injured parties such help as may be in his hands
to give.
The gravamen of SIMPLE NEGLIGENCE is the
failure to exercise the diligence necessitated or
called for by the situation which was NOT
immediately life-destructive BUT which
culminated, as in the present case, in the death
of a human being 3 days later. [Carillo v. People
(1994)]
Medical malpractice, which is a form of
negligence, consists in the failure of a physician
or surgeon to apply to his practice of medicine
that degree of care and skill which is ordinarily
employed by the profession generally, under
similar conditions, and in like surrounding
circumstances. [Garcia-Rueda v. Pascasio (1997)]
Res ipsa loquitur the fact of the occurrence of
an injury, taken with the surrounding
circumstances, may permit an inference or raise a
presumption of negligence, or make out a
plaintiffs prima facie case, and present a
question of fact for the defendant to meet with an
explanation. [Ramos v. CA (1999)]
Requisites for the application of res ipsa
loquitur:
(1) The accident was of a kind which does NOT
ordinarily occur UNLESS someone is negligent;
(2) The instrumentality or agency which caused
the injury was under the exclusive control of the
person in charge; and
(3) The injury suffered must NOT have been due
to any voluntary action or contribution of the
person injured.
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Ordinarily, only physicians and surgeons of skill
and experience are competent to testify as to
whether a patient has been treated or operated
upon with a reasonable degree of skill and care.
HOWEVER, testimony as to the statements and
acts of physicians and surgeons, external
appearances, and manifest conditions which are
observable by any one may be given by non-
expert witnesses. [Reyes v. Sis. of Mercy Hospital
(2000)]
It would appear that accused-appellants are
members of a cult and that the bizarre ritual
performed over the victim was consented to by
the victim's parents. With the permission of the
victim's parents, accused-appellant Carmen,
together with the other accused-appellants,
proceeded to subject the boy to a "treatment"
calculated to drive the "bad spirit" from the
boy's body. Unfortunately, the strange
procedure resulted in the death of the boy.
Thus, accused-appellants had no criminal
intent to kill the boy.
Their liability arises from their reckless
imprudence because they ought that to know
their actions would not bring about the cure.
They are, therefore, guilty of reckless
imprudence resulting in homicide and not of
murder. [People v. Carmen (2001)]
Art. 365 of the Revised Penal Code, as amended,
states that reckless imprudence consists in
voluntarily, but without malice, doing or failing
to do an act from which material damage
results by reason of inexcusable lack of
precaution on the part of the person performing
such act.
Compared to intentional felonies, such as
homicide or murder, what takes the place of the
element of malice or intention to commit a
wrong or evil i: the failure of the offender to take
precautions due to lack of skill taking into
account his employment, or occupation, degree
of intelligence, physical condition, and other
circumstances regarding persons, time and
place.
The elements of reckless imprudence are
apparent in the acts done by accused-
appellants which, because of their lack of
medical skill in treating the victim of his alleged
ailment, resulted in the latter's death. As
already stated, accused-appellants, none of
whom is a medical practitioner, belong to a
religious group, known as the Missionaries of
UP LAW BOC CRIMINAL LAW 2 CRIMINAL LAW

Our Lady of Fatima, which is engaged in faith

healing.
Ivler v. Modesto-San Pedro (2010): The accused
got involved in a car accident for which he was
charged with two separate offenses (RI
resulting to slight physical injuries and RI
resulting to homicide and damage to property).
He was convicted of the first offense and he
wanted the second information quashed on the
ground of double jeopardy. The Court held that
the Reckless Imprudence is a single crime and
the consequences on persons and property are
material only to determine the penalty. The
conviction or acquittal of such quasi-offense
bars subsequent prosecution for the same
quasi-offense, regardless of its various resulting
acts. The law penalizes the negligent act and
not its result.
Much of the confusion has arisen from the
common use of such descriptive phrase as
'homicide through reckless imprudence', and
the like; when the strict technical sense is, more
accurately, 'reckless imprudence resulting in
homicide'; or 'simple imprudence causing
damages to property'." [Rafael Reyes Trucking v.
People (2000)]

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