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CRIMINAL LAW BOOK 2 REVIEWER

ATENEO CENTRAL BAR OPERATIONS 2001

TITLE ONE 2. Confession of the accused in open court.


CRIMES AGAINST NATIONAL SECURITY Arraignment, pre-trial, trial OK.
AND THE LAWS OF NATIONS a)If he has pleaded NOT guilty already
during arraignment, he can still
CHAPTER 1: CRIMES AGAINST NATIONAL confess in open court by stating the
SECURITY particular acts constituting treason.
b)During trial, simply saying Im guilty is
Section 1 Treason and espionage not enough.
c)Withdrawing plea of not guilty during
Art. 114. Treason Any person who, owing
allegiance to (the United States or) the Government of arraignment not necessary
the Philippine Islands, not being foreigner, levies war d)If during arraignment he pleads guilty,
against them or adheres to their enemies, giving them court will ask if the accused
aid or comfort within the Philippine Islands or understands is plea. Submission of
elsewhere, shall be punished by reclusion temporal to
death and shall pay a fine not to exceed P20,000
affidavit during trial, even if assisted
pesos. by counsel is not enough.

No person shall be convicted of treason unless on the Treason: breach of allegiance to the
testimony of two witnesses at least to the same overt
government, committed by a person who
act or on confession of the accused in open court.
owes allegiance to it. Allegiance: obligation
Likewise, an alien, residing in the Philippine Islands, of fidelity and obedience. It is permanent or
who commits acts of treason as defined in par. 1 of temporary depending on whether the
this Art. Shall be punished by prision mayor to death person is a citizen or an alien.
and shall pay a fine not to exceed P20, 000 pesos.
(As amended by E.O No. 44, May 31, 1945) Evident premeditation, superior strength
ELEMENTS: and treachery are circumstances inherent in
1. That the offender owes allegiance to the treason, and are, therefore, not aggravating.
Government of the Philippines Treason cannot be committed in times of
2. That there is a war in which the Philippines peace, only in times of war actual
is involved hostilities. But no need for declaration of
3. That the offender either war
1) Levies war against the government, Levying of war: a) that there be an actual
a)breech of allegiance assembling of men; b) for the purpose of
b)actual assembling of men executing a treasonable design by force
c)for the purpose of executing a (deliver the country in whole or in part to the
reasonable design enemy)
d)adherence
e)giving aid or comfort to the enemy NOT TREASONOUS:
2) Adheres to the enemies, giving them 1. Acceptance of public office and discharge
aid and comfort of official duties under the enemy does
not constitute per se the felony of treason
WAYS OF PROVING TREASON: (exception: when it is policy determining)
1. 2 witnesses testifying to same overt act 2. Serving in a puppet government
Example: (ministerial functions) and in order to
X saw arms landed in La Union and loaded serve the populace is NOT treasonous.
into a motor vehicle. At this stage, its not But it is treason if: a) there is discretion
sufficient to convict yet. Y later saw the arms involved; b) inflicts harm on Filipinos; c) it
unloaded in a warehouse. Will X + Y be is disadvantageous to them.
sufficient witnesses to convict? 3. Purpose of offender: to deliver the
Answer: NO. Because the law requires that 2 Philippines to enemy country; if merely to
witnesses see the SAME OVERT ACT. change officials not treason

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4. Filipino citizens can commit treason When killings and other common crimes are
outside the Philippines. But that of an charged as overt act of treason, they cannot
alien must be committed in the be regarded as (1) separate crimes or (2) as
Philippines. complex with treason.
5. Only Filipino citizens or permanent resident
aliens can be held liable Art. 115. Conspiracy and proposal to commit
6. Alien: with permanent resident status from treason; Penalty The conspiracy or proposal to
commit the crime of treason shall be punished
the BID it is neither the length of stay in respectively, by prision mayor and a fine not
the Philippines nor the marriage with a exceeding P10,000 pesos, and prision correccional
Filipino that matters. and a fine not exceeding P5,000 pesos.
ELEMENTS conspiracy to commit treason:
ON CITIZENSHIP 1. In time of war
Treason cannot be proved by circumstantial 2. 2 or more persons come to an agreement
evidence or by extra-judicial confession of to
the accused levy war against the government, or
Actual hostilities may determine the date of adhere to the enemies and to give them
the commencement of war aid or comfort,
No such thing as attempted treason; mere 3. They decide to commit it
attempt consummates the crime
Giving aid or comfort material element, ELEMENTS of proposal to commit treason:
enhances forces of the enemy country. Acts 1. In time of war
which strengthen or tend to strengthen the 2. A person who has decided to levy war
enemy in the conduct of war against the against the government, or to adhere to
traitors country or that which weaken and the enemies and to give them aid or
tend to weaken the power of the same. comfort, proposes its execution to some
Example: other person/s.
Financing arms procurement of enemy Mere agreement and decisions to commit
country. But giving of shelter is not treason is punishable
necessarily giving aid and comfort. Mere proposal even without acceptance
is punishable too. If the other accepts,
Adherence and giving aid or comfort must it is already conspiracy.
concur together. Adherence: when a citizen
intellectually or emotionally favors the Art. 116. Misprision of treason Every person
enemy and harbors convictions disloyal to owing allegiance to (the United States) the
Government of the Philippine Islands, without being a
his countrys policy. But membership in the foreigner, and having knowledge of any conspiracy
police force during the occupation is NOT against them, conceals or does not disclose and
treason. make known the same, as soon as possible to the
Example: Giving information to, or governor or fiscal of the province, or the mayor or
fiscal of the city in which he resides, as the case may
commandeering foodstuffs for the enemy. be, shall be punished as an accessory to the crime of
treason.
Adherence may be proved by: (1) one ELEMENTS:
witness; (2) from the nature of the act itself; 1. That the offender must be owing allegiance
(3) from the circumstances surrounding the to the government, and not a foreigner
act. 2. That he has knowledge of any conspiracy
Treason is a CONTINUING CRIME. Even (to commit treason) against the
after the war, offender can be prosecuted. government
If you convict a person for treason by 3. That he conceals or does not disclose and
reason of irresistible force or uncontrollable make known the same as soon as
fear, you may use Art.12. No treason possible to the governor or fiscal of the
through negligence
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province or the mayor or fiscal of the city be used to the injury of the Philippines or
in which he resides the advantage of any foreign nation. It is
not conditioned on citizenship.
Offender is punished as an accessory to the Not necessary that Philippines is at war with
crime of treason the country to which the information was
This crime does not apply if the crime of revealed. What is important is that the
treason is already committed information related is connected with the
Crime of omission defense system of the Philippines.
To report within a reasonable time Wiretapping is NOT espionage if the
depends on time, place and circumstance purpose is not something connected with
the RPC did not fix time. the defense
RPC states 4 individuals, what if you report See CA 616
to some other high-ranking government
official? Ex. PNP Director? Judge Pimentel Section 2 Provoking war and disloyalty in case of
war
says any govt official of the DILG is OK.
Art. 118. Inciting to war or giving motives for
Art. 117. Espionage The penalty of prision reprisals The penalty of reclusion temporal shall be
correccional shall be inflicted upon any person who: imposed upon any public officer or employee, and
1. Without authority therefor, enters a warship, that of prision mayor upon any private individual, who,
fort, or naval or military establishment or by unlawful or unauthorized acts provokes or gives
reservation to obtain any information, plans, occasion for a war involving or liable to involve the
photographs, or other data of a confidential Philippine Islands or exposes Filipino citizens to
nature relative to the defense of the reprisals on their persons or property.
Philippine Archipelago; or
ELEMENTS:
2. Being in possession, by reason of public 1. That the offender performs unlawful or
office he holds, of the articles, data, or
information referred to in the preceding par., unauthorized acts
discloses their contents to a representative 2. That such acts provoke or give occasion
of a foreign nation. for a war involving or liable to involve the
The penalty next higher in degree shall be imposed if Philippines or expose Filipino citizens to
the offender be a public officer or employee.
reprisals on their persons or property
ELEMENTS OF PAR. 1:
1. That the offender enters any of the places
Crime is committed in time of peace, intent
mentioned therein
is immaterial
2. That he has no authority therefore;
3. That his purpose is to obtain information, Inciting to war offender is any person
plans, photographs or other data of a Reprisals is not limited to military action, it
confidential nature relative to the defense could be economic reprisals, or denial of
of the Philippines entry into their country.

ELEMENTS PAR. 2: Example. X burns Chinese flag. If China bans


1. That the offender is a public officer the entry of Filipinos into China, that is
2. That he has in his possession the articles, already reprisal.
data or information referred to in par 1 of
Art. 119. Violation of neutrality The penalty of
art 117, by reason of the public office he prision correccional shall be inflicted upon anyone
holds who, on the occasion of a war in which the
3. That he discloses their contents to a Government is not involved, violates any regulation
representative of a foreign nation issued by competent authority for the purpose of
enforcing neutrality.
Purpose: to gather data
ELEMENTS:
Espionage: the offense of gathering,
1. That there is war in which the Philippines is
transmitting, or losing information respecting
not involved
the national defense with the intent or
reason to believe that the information is to
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2. That there is a regulation issued by If ciphers were not used, there is a need for
competent authority for the purpose of prohibition
enforcing neutrality In any case, it must be correspondence with
3. That the offender violates such regulation the enemy country
Doesnt matter if correspondence contains
Govt must have declared the neutrality of innocent matters if prohibited, punishable
the Phil in a war between 2 other countries
It is neutrality of the Phil that is violated Art. 121. Flight to enemy country The penalty of
Congress has the right to declare neutrality arresto mayor shall be inflicted upon any person who,
owing allegiance to the Government, attempts to flee
or go to an enemy country when prohibited by
Art. 120. Correspondence with hostile country competent authority.
Any person who in time of war, shall have
correspondence with an enemy country or territory
ELEMENTS:
occupied by enemy troops shall be punished: 1. That there is a war in which the Philippines
1. By prision correccional, if the is involved
correspondence has been prohibited by the 2. That the offender (Filipino or resident alien)
Government;
must be owing allegiance to the
2. By prision mayor, if such correspondence be
carried on in ciphers or conventional signs; government
and 3. That the offender attempts to flee or go to
3. By reclusion temporal, if notice or enemy country
information be given thereby which might be 4. That going to enemy country is prohibited
useful to the enemy. If the offender intended by competent authority
to aid the enemy by giving such notice or
information, he shall suffer the penalty of
reclusion temporal to death. Mere attempt consummates the crime
ELEMENTS: There must be a prohibition. If none, even if
1. That it is in time of war in which the went to enemy country no violation
Philippines is involved Alien resident may be guilty here.
2. That the offender makes correspondence
with an enemy country or territory Section 3 Piracy and mutiny on the high seas
occupied by enemy troops
3. That the correspondence is either Art. 122. Piracy in general and mutiny on the high
seas The penalty of reclusion temporal shall be
a)prohibited by the government, or inflicted upon any person who, on the high seas, shall
b)carried on in ciphers or conventional attack or seize a vessel or, not being a member of its
signs, or complement nor a passenger, shall seize the whole or
c)containing notice or information which part of the cargo of said vessel, its equipment, or
personal belongings of its complement or passengers.
might be useful to the enemy
The same penalty shall be inflicted in case of mutiny
Circumstances qualifying the offense: on the high seas.
a. notice or information might be useful to the ELEMENTS:
enemy 1. That a vessel is on the high seas/Philippine
b. offender intended to aid the enemy waters
2. That the offenders are not members of its
Hostile country exist only during hostilities complement or passengers of the vessel
or after the declaration of war 3. That the offenders
Correspondence to enemy country a)attack or seize that vessel or (hence, if
correspondence to officials of enemy committed by crew or passengers, the
country even if related to you. crime is not piracy but robbery in the
It is not correspondence with private high seas)
individual in enemy country b)seize the whole or part of the cargo of
If ciphers were used, no need for prohibition said vessel, its equipment or personal

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belongings of its complement or


passengers Parricide/infanticide should be included
(Judge Pimentel)
2 WAYS OF COMMITTING PIRACY: Note the new rape law. Death is imposed in
1. By attacking or seizing a vessel on the high certain types of rape
seas or in the Philippine waters (PD 532) There is a conflict between this provision
2. By seizing the whole or part of the cargo of and the provision on rape. Ex. If rape is
said vehicles, its equipment or personal committed on someone below 7 death
belongings of its complement or under the new rape law. But if rape
passengers committed on someone below 7 during the
time of piracy RP to death. Irreconcilable.
High seas: any waters on the sea coast Murder/rape/homicide/physical injuries must
which are without the boundaries of the low have been committed on the passengers or
water mark although such waters may be in complement
the jurisdictional limits of a foreign govt
PD 532 has been already repealed
Piracy in high seas jurisdiction is with any TITLE TWO
court where offenders are found or arrested CRIMES AGAINST THE FUNDAMENTAL
Piracy in internal waters jurisdiction is only LAWS OF THE STATE
with Philippine courts
For purpose of Anti-Fencing Law, piracy is CHAPTER 1: ARBITRARY DETENTION OR
part of robbery and theft EXPULSION, VIOLATION OF DWELLING,
Piracy Mutiny PROHIBITION, INTERRUPTION, AND DISSOLUTION
Robbery or forcible Unlawful resistance to a OF PEACEFUL MEETINGS AND CRIMES AGAINST
degradation on the high superior officer, or the RELIGIOUS WORSHIP
seas, without lawful raising of commotion and
authority and done with disturbances on board a Classes of Arbitrary Detention:
animo furandi and in the ship against the authority of
1. By detaining a person without legal ground
spirit and intention of its commander
universal hostility. 2. Delay in the delivery of detained persons to
Intent to gain is an the proper judicial authorities
element. 3. Delaying release
Attack from outside. Attack from the inside.
Offenders are strangers to Section 1 - Arbitrary detention and expulsion
the vessel. (this is the
standing rule with the Art. 124. Arbitrary detention Any public officer or
repeal of PD 532 which employee who, without legal grounds, detains a
made it possible for any person, shall suffer;
person to commit piracy 1. The penalty of arresto mayor in its maximum
including a passenger or period to prision correccional in its minimum
complement of the period, if the detention has not exceeded
vessel). three days;
2. The penalty of prision correccional in its
Art. 123. Qualified piracy The penalty of reclusion medium and maximum periods, if the
temporal to death shall be imposed upon those who detention has continued more than three but
commit any of the crimes referred to in the preceding not more than fifteen days;
article, under any of the following circumstances: 3. The penalty of prision mayor, if the detention
1. Whenever they have seized a vessel by has continued for more than fifteen days but
boarding or firing upon the same; not more than six months; and
2. Whenever the pirates have abandoned their 4. That of reclusion temporal, if the detention
victims without means of saving themselves; shall have exceeded six months.
or The commission of a crime, or violent insanity or any
3. Whenever the crime is accompanied by other ailment requiring the compulsory confinement of
murder, homicide, physical injuries or rape. the patient in a hospital, shall be considered legal
grounds for the detention of any person.
The above may result to qualified mutiny.
ELEMENTS:
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1. That the offender is a public officer or Ramos v. Enrile: Rebels later on retire.
employee (whose official duties include According to the SC, once you have
the authority to make an arrest and detain committed rebellion and have not been
persons; jurisdiction to maintain peace punished or amnestied, then the rebels
and order). continue to engage in rebellion, unless the
2. That he detains a person (actual restraint). rebels renounce his affiliation. Arrest can be
3. That the detention was without legal made without a warrant because this is a
grounds (cannot be committed if with continuing crime.
warrant).
Art. 125. Delay in the delivery of detained persons
Detention: when a person is placed in to the proper judicial authorities The penalties
provided in the next preceding article shall be
confinement or there is a restraint on his imposed upon the public officer or employee who
person. shall detain any person for some legal ground and
Though the elements specify that the shall fail to deliver such person to the proper judicial
offender be a public officer or employee, authorities within the period of; twelve (12) hours, for
crimes or offenses punishable by light penalties, or
private individuals who conspire with public their equivalent; eighteen (18) hours, for crimes or
officers can also be liable. offenses punishable by correctional penalties, or their
Legal grounds for the detention of any equivalent and thirty-six (36) hours, for crimes, or
person: offenses punishable by afflictive or capital penalties,
or their equivalent.
a. commission of a crime
b. violent insanity or other ailment In every case, the person detained shall be informed
requiring compulsory confinement of of the cause of his detention and shall be allowed
the patient in a hospital upon his request, to communicate and confer at any
time with his attorney or counsel. (As amended by
Without legal grounds: E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25,
a. he has not committed any crime or no 1987, respectively).
reasonable ground of suspicion that ELEMENTS:
he has committed a crime 1. That the offender is a public officer or
b. not suffering from violent insanity or employee
any other ailment requiring 2. That he has detained a person for some
compulsory confinement in a hospital legal grounds
Know grounds for warrantless arrest: 3. That he fails to deliver such person to the
a. Crime is about to be, is being, has proper judicial authority within:
been committed a)12 hours, if detained for
b. Officer must have reasonable crimes/offenses punishable by light
knowledge that the person probably penalties, or their equivalent
committed the crime b)18 hours, for crimes/offenses
For escaped prisoner no need for warrant punishable by correctional penalties,
Rolito Go v. CA is an example of arbitrary or their equivalent or
detention (Judge Pimentel) c)36 hours, for crimes/offenses
Example: Y was killed by unknown assailant. punishable by capital punishment or
Officers got a tip and arrested X. X voluntarily afflictive penalties, or their equivalent
admitted to the officers that he did it although
he was not asked. X was detained Really means delay in filing necessary
immediately. According to the SC, there was information or charging of person detained
NO arbitrary detention. Why? Because once in court. May be waived if a preliminary
X made a confession, the officers had a right investigation is asked for.
to arrest him. Does not contemplate actual physical
Continuing crime is different from a delivery but at least there must be a
continuous crime complaint filed. Duty complied with upon the
filing of the complaint with the judicial
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authority (courts, prosecutors though b)the performance of such judicial or


technically not a judicial authority, for executive order for the release of the
purposes of this article, hes considered as prisoner, or
one.) c)the proceedings upon a petition for the
The filing of the information in court does release of such person
not cure illegality of detention. Neither does
it affect the legality of the confinement under Three acts are punishable:
process issued by the court. a)delaying the performance of a judicial or
To escape from this, officers usually ask executive order for the release of a
accused to execute a waiver which should prisoner
be under oath and with assistance of b)delaying the service of notice of such
counsel. Such waiver is not violative of the order to said prisoner
accused constitutional right. c)delaying the proceedings upon any
What is length of waiver? Light offense 5 petition for the liberation of such person
days. Serious and less serious offenses 7 Wardens and jailers are the persons most
to 10 days. (Judge Pimentel) likely to violate this provision
Article does not apply when arrest is via a Provision does not include legislation
warrant of arrest
If offender is a private person, crime is Art. 127. Expulsion The penalty of prision
correccional shall be imposed upon any public officer
illegal detention or employee who, not being thereunto authorized by
Arbitrary Detention (124) Delay in Delivery of law, shall expel any person from the Philippine
Detained (125) Islands or shall compel such person to change his
Detention is illegal from the Detention is legal in the residence.
beginning. beginning, but illegality ELEMENTS:
starts from the expiration of
the specified periods 1. That the offender is a public officer or
without the persons employee
detained having been 2. That he expels any person from the
delivered to the proper Philippines, or compels a person to
judicial authority.
change his residence
3. That the offender is not authorized to do so
Art. 126. Delaying release The penalties provided
for in Article 124 shall be imposed upon any public
by law
officer or employee who delays for the period of time
specified therein the performance of any judicial or 2 ACTS PUNISHABLE:
executive order for the release of a prisoner or a)by expelling a person from the Philippines
detention prisoner, or unduly delays the service of the b)by compelling a person to change his
notice of such order to said prisoner or the
proceedings upon any petition for the liberation of residence
such person.
ELEMENTS: (The crime of expulsion absorbs that of grave
1. That the offender is a public officer or coercion. If done by a private person, will
employee amount to grave coercion)
2. That there is a judicial or executive order i.e.,Villavicencio v. Lukban: prostitutes case
for the release of a prisoner or detention
prisoner, or that there is a proceeding Does not include undesirable aliens;
upon a petition for the liberation of such destierro; or when sent to prison
person If X (Filipino) after he voluntarily left, is
3. That the offender without good reason refused re-entry is considered forcing him
delays: to change his address here
a)the service of the notice of such order Threat to national security is not a ground to
to the prisoner, or expel or change his address.

Section 2 Violation of domicile


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the will of the owner, even if he knew that


Art. 128. Violation of domicile The penalty of someone in that dwelling is having unlawful
prision correccional in its minimum period shall be possession of opium
imposed upon any public officer or employee who, not
being authorized by judicial order, shall enter any 3 acts punishable:
dwelling against the will of the owner thereof, search a. person enters dwelling w/o consent or
papers or other effects found therein without the against the will
previous consent of such owner, or having b. person enters and searches for papers
surreptitiously entered said dwelling, and being
required to leave the premises, shall refuse to do so.
and effects
c. person entered secretly and refuses to
If the offense be committed in the night-time, or if any leave after being asked to
papers or effects not constituting evidence of a crime Being authorized by law means with
be not returned immediately after the search made by
the offender, the penalty shall be prision correccional
search warrant, save himself or do some
in its medium and maximum periods. things good for humanity
ELEMENTS: There must be expression that entry is
1. That the offender is a public officer or denied or that he is asked to leave
employee Papers and effects need not be part of a
2. That he is not authorized by judicial order crime.
to enter the dwelling and/or to make a
search therein for papers or other effects Art. 129. Search warrants maliciously obtained
and abuse in the service of those legally obtained
3. That he commits any of the following acts: In addition to the liability attaching to the offender
a)entering any dwelling against the will of for the commission of any other offense, the penalty
the owner thereof of arresto mayor in its maximum period to prision
b)searching papers or other effects found correccional in its minimum period and a fine not
therein without the previous consent exceeding P1,000 pesos shall be imposed upon any
public officer or employee who shall procure a search
of such owner warrant without just cause, or, having legally procured
c)refusing to leave the premises, after the same, shall exceed his authority or use
having surreptitiously entered said unnecessary severity in executing the same.
dwelling and after having been ELEMENTS of search warrants maliciously
required to leave the same obtained:
1. That the offender is a public officer or
Aggravating Circumstance (medium and employee
maximum of penalty imposed): 2. That he procures a search warrant
a. offense committed at nighttime 3. That there is no just cause
b. papers or effects not constituting
evidence of a crime be not returned ELEMENTS of abuse in the service of those
legally obtained:
immediately
1.That the offender is a public officer or
If the offender who enters the dwelling
employee
against the will of the owner thereof is a
2.That he has legally procured a search
private individual, the crime committed is
warrant
trespass to dwelling (Art 280)
3.That he exceeds his authority or uses
When a public officer searched a person unnecessary severity in executing the
outside his dwelling without a search same
warrant and such person is not legally
arrested for an offense, the crime committed
Search warrant is valid for 10 days from its
by the public officer is grave coercion, if
date
violence or intimidation is used (Art 286), or
Search warrant is an order in writing issued
unjust vexation, if there is no violence or
in the name of the People, signed by the
intimidation (Art 287)
judge and directed to a public officer,
A public officer without a search warrant
commanding him to search for personal
cannot lawfully enter the dwelling against
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property described therein and bring it


before the court Section 3 - Prohibition, interruption and dissolution
of peaceful meetings
No just cause warrant is unjustified
Search limited to what is described in the Art. 131. Prohibition, interruption and dissolution
warrant, all details must be with particularity of peaceful meetings The penalty of prision
Malicious warrant. Example. X was a correccional in its minimum period shall be imposed
respondent of a search warrant for illegal upon any public officer or employee who, without
legal ground, shall prohibit or interrupt the holding of a
possession of firearms. A return was made.
peaceful meeting, or shall dissolve the same.
The gun did not belong to X and the witness
had no personal knowledge that there is a The same penalty shall be imposed upon a public
gun in that place. officer or employee who shall hinder any person from
Abuse examples: joining any lawful association or from attending any of
its meetings.
X owner was handcuffed while search
was going-on. The same penalty shall be imposed upon any public
Tank was used to ram gate prior to officer or employee who shall prohibit or hinder any
announcement that a search will be person from addressing, either alone or together with
others, any petition to the authorities for the correction
made of abuses or redress of grievances.
Persons who were not respondents were ELEMENTS:
searched 1. Offender is a public officer or employee
2. He performs any of the ff. acts:
Art. 130. Searching domicile without witnesses a)prohibiting or interrupting, without legal
The penalty of arresto mayor in its medium and
maximum periods shall be imposed upon a public ground the holding of a peaceful meeting,
officer or employee who, in cases where a search is or dissolving the same (e.g. denial of
proper, shall search the domicile, papers or other permit in arbitrary manner).
belongings of any person, in the absence of the latter, b)hindering any person from joining any
any member of his family, or in their default, without
the presence of two witnesses residing in the same
lawful association or from attending any
locality. of its meetings
ELEMENTS: c)prohibiting or hindering any person from
1. That the offender is a public officer or addressing, either alone or together with
employee others, any petition to the authorities for
2. That he is armed with a search warrant the correction of abuses or redress of
legally procured grievances
3. That he searches the domicile, papers or
other belongings of any person If the offender is a private individual, the
4. That the owner, or any member of his crime is disturbance of public order (Art
family, or two witnesses residing in the 153)
same locality are not present Meeting must be peaceful and there is no
legal ground for prohibiting, dissolving or
Order of those who must witness the interrupting that meeting
search: Meeting is subject to regulation
a. Homeowner Offender must be a stranger, not a
b. Members of the family of sufficient age participant, in the peaceful meeting;
and discretion otherwise, its unjust vexation
c. Responsible members of the Interrupting and dissolving a meeting of the
community (cant be influenced by the municipal council by a public officer is a
searching party) crime against the legislative body, not
Validity of the search warrant can be punishable under this article
questioned only in 2 courts: where issued or The person talking on a prohibited subject
where the case is pending. Latter is at a public meeting contrary to agreement
preferred for objective determination.
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that no speaker should touch on politics When priest is solemnizing marriage, he is a


may be stopped person in authority, although in other cases,
But stopping the speaker who was attacking hes not.
certain churches in public meeting is a
violation of this article Art. 133. Offending the religious feelings The
penalty of arresto mayor in its maximum period to
Prohibition must be without lawful cause or
prision correccional in its minimum period shall be
without lawful authority imposed upon anyone who, in a place devoted to
Those holding peaceful meetings must religious worship or during the celebration of any
comply with local ordinances. Example: religious ceremony shall perform acts notoriously
Ordinance requires permits for meetings in offensive to the feelings of the faithful.
public places. But if police stops a meeting ELEMENTS:
in a private place because theres no permit, 1. That the acts complained of were
officer is liable for stopping the meeting. performed
a)in a place devoted to religious feelings,
Section 4 Crimes against religious worship or (for this element, no need of
religious ceremony, only the place is
Art. 132. Interruption of religious worship The material)
penalty of prision correccional in its minimum period b)during the celebration of any religious
shall be imposed upon any public officer or employee
ceremony
who shall prevent or disturb the ceremonies or
manifestations of any religion 2. That the acts must be notoriously offensive
to the feelings of the faithful (deliberate
If the crime shall have been committed with violence intent to hurt the feelings)
or threats, the penalty shall be prision correccional in 3. The offender is any person
its medium and maximum periods.
4. There is a deliberate intent to hurt the
ELEMENTS:
feelings of the faithful, directed against
1. That the officer is a public officer or
religious tenet
employee
2. That religious ceremonies or
If in a place devoted to religious purpose,
manifestations of any religion are about to
there is no need for an ongoing religious
take place or are going on
ceremony
3. That the offender prevents or disturbs the
Example of religious ceremony (acts
same
performed outside the church). Processions
and special prayers for burying dead
Circumstance qualifying the offense: if
persons but NOT prayer rallies
committed with violence or threats
Acts must be directed against religious
Reading of Bible and then attacking certain
practice or dogma or ritual for the purpose
churches in a public plaza is not a
of ridicule, as mocking or scoffing or
ceremony or manifestation of religion, but
attempting to damage an object of religious
only a meeting of a religious sect. But if
veneration
done in a private home, its a religious
There must be deliberate intent to hurt the
service
feelings of the faithful, mere arrogance or
Religious Worship: people in the act of
rudeness is not enough.
performing religious rites for a religious
Crime Nature of Who are If element
ceremony; a manifestation of religion. Ex. crime liable missing
Mass, baptism, marriage Prohibition, Crime against Public If not by
X, a private person, boxed a priest while the Interruption the officers, public officer
priest was giving homily and while the latter and fundamental Outsiders = tumults
Dissolution law of the
was maligning a relative of X. Is X liable? X of Peaceful state
may be liable under Art 133 because X is a Meeting
private person. (131)
Interruption Crime against Public If by insider =
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of Religious the officers, unjust 1. promotes


Worship fundamental Outsiders vexation 2. maintains, or
(132) law of the If not
state religious =
3. heads a rebellion or insurrection; or
tumult or B. Any person who, while holding any public
alarms office or employment, takes part therein
If not by:
notoriously 1. engaging in war against the forces of
offensive =
unjust the government
vexation 2. destroying property or committing
Offending Crime against Public If not tumults serious violence
the Religious public order officers, = alarms and 3. exacting contributions or diverting
Feeling (133) private scandal public funds from the lawful purpose
persons, If meeting
outsiders illegal at
for which they have been appropriated
onset = (Note: diverting public funds is
inciting to malversation absorbed in rebellion);
sedition or C. Any person merely participating or
rebellion
executing the command of others in
rebellion
TITLE THREE
CRIMES AGAINST PUBLIC ORDER Success is immaterial, purpose is always
political
CHAPTER 1: REBELLION, SEDITION AND Rebellion used where the object of the
DISLOYALTY
movement is completely to overthrow and
Art. 134. Rebellion or insurrection; How supersede the existing government
committed The crime of rebellion or insurrection is Insurrection refers to a movement which
committed by rising publicly and taking arms against seeks merely to effect some change of
the Government for the purpose of removing from the
allegiance to said Government or its laws, the territory minor importance to prevent the exercise of
of the Philippine Islands or any part thereof, of any govt authority w/ respect to particular
body of land, naval or other armed forces, depriving matters or subjects
the Chief Executive or the Legislature, wholly or Actual clash of arms w/ the forces of the
partially, of any of their powers or prerogatives. (As
amended by R.A. 6968).
govt, not necessary to convict the accused
ELEMENTS: who is in conspiracy w/ others actually
1. That there be taking arms against the govt
a)public uprising and Purpose of the uprising must be shown but
b)taking arms against the government it is not necessary that it be accomplished
(force/violence) A change of government w/o external
2. That the purpose of the uprising or participation
movement is either RISING PUBLICLY and TAKING ARMS
a)to remove from the allegiance to said AGAINST GOVERNMENT actual
government or its laws participation. If there is no public uprising,
the territory of the Philippines or the crime is of direct assault.
any part thereof, or Mere giving of aid or comfort is not criminal
any body of land, naval or other in the case of rebellion. Merely
armed forces, or sympathizing is not participation, there must
b)to deprive the chief executive or be ACTUAL participation
congress, wholly or partially, of any of Not necessary that there is killing, mere
their powers or prerogatives threat of removing Phil is sufficient
Rebellion cannot be complexed with any
PERSONS LIABLE FOR REBELLION other crime. However, illegal possession of
A. Any person who: firearms in furtherance of rebellion is distinct
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from the crime of rebellion. Furthermore, it holding any public office or


is a continuing crime such along with the employment; with or without civilian
crime of conspiracy or proposal to commit support or participation
such 8. With or without civilian support or
A private crime may be committed during participation
rebellion. Examples: killing, possessions of 9. Purpose of seizing or diminishing state
firearms, illegal association are absorbed. power
Rape, even if not in furtherance of rebellion
cannot be complexed Crime may be committed by a single
If killing, robbing were done for private person, any government employee and
purposes or for profit, without any political even by civilian
motivation, the crime would be separately Taking up of arms not even necessary, what
be punished and would not be embraced by is important is violence, threat, intimidation,
rebellion (People v. Fernando) strategy or stealth
Read People v. Hernandez and Enrile v. Treason Rebellion Coup Sedition
Salazar (114) (134) detat (139)
(134-A)
Person deemed leader of rebellion in case Nature Crime Crime Crime Crime
he is unknown: of Crime against against against against
Any person who in fact: National Public Public Public Order
a)directed the others Security Order Order
b)spoke for them Overt levying Public See article. Rising
acts war uprising publicly or
c)signed receipts and other documents against AND tumultuously
issued in their name the govt; Taking up (caused by
d)performed similar acts on behalf of the OR arms more than 3
rebels adherence against armed men
and giving the govt or provided
aid or with means
Article 134-A. Coup d'etat; How committed The
comfort to of violence)
crime of coup d'etat is a swift attack accompanied by
enemies
violence, intimidation, threat, strategy or stealth,
directed against duly constituted authorities of the Purpose Deliver the See Seizing or See
Republic of the Philippines, or any military camp or of govt to article. diminishing enumeration
installation, communications network, public utilities or objective enemy state in article.
other facilities needed for the exercise and continued during war power.
possession of power, singly or simultaneously carried
out anywhere in the Philippines by any person or Art. 135. Penalty for rebellion, insurrection or
persons, belonging to the military or police or holding coupdetat Any person who promotes, maintains,
any public office of employment with or without civilian or heads rebellion or insurrection shall suffer the
support or participation for the purpose of seizing or penalty of reclusion perpetua.
diminishing state power. (As amended by R.A. 6968).
ELEMENTS: Any person merely participating or executing the
1. Swift attack commands of others in a rebellion shall suffer the
penalty of reclusion temporal.
2. Accompanied by violence, intimidation,
threat, strategy or stealth Any persons who leads or in any manner directs or
3. Directed against: commands others to undertake a coupdetat shall
4. duly constituted authorities suffer the penalty of reclusion perpetua.
5. any military camp or installation Any person in the government service who
6. communication networks or public utilities participates, or executes directions or commands of
other facilities needed for the exercise others in undertaking a coupdetat shall suffer the
and continued possession of power penalty of prision mayor in its maximum period.
7. Singly or simultaneously carried out
Any person not in the government service who
anywhere in the Philippines participates, in any manner supports, finances, abets
- Committed by any person or persons or aids in undertaking a coupdetat shall suffer the
belonging to the military or police or penalty of reclusion temporal in its maximum period.
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When the rebellion, insurrection, or coupdetat shall Art. 136. Conspiracy and proposal to commit coup
be under the command of unknown leaders, any d'etat, rebellion or insurrection The conspiracy
person who in fact directed the others, spoke for and proposal to commit coup d'etat shall be punished
them, signed receipts and other documents issued in by prision mayor in minimum period and a fine which
their name, as performed similar acts, on behalf or the shall not exceed eight thousand pesos (P8,000.00).
rebels shall be deemed a leader of such a rebellion,
insurrection, or coupdetat. (As amended by RA The conspiracy and proposal to commit rebellion or
6968, approved on October 24, 1990). insurrection shall be punished respectively, by prision
WHO ARE LIABLE? correccional in its maximum period and a fine which
1. Any person who: shall not exceed five thousand pesos (P5,000.00) and
by prision correccional in its medium period and a fine
a)Promotes not exceeding two thousand pesos (P2,000.00). (As
b)Maintains amended by R.A. 6968, approved October 24, 1990).
c)heads a rebellion or insurrection ELEMENTS of conspiracy to commit:
d)engaging in war against the forces of 1. 2 more persons come to an agreement to
the govt rise publicly and take arms against the
e)destroying property or committing government
serious violence 2. For any of the purposes of rebellion
f)exacting contributions or diverting public 3. They decide to commit it
funds from the lawful purpose for
which they have been appropriated ELEMENTS of proposal to commit:
2. Any person who, while holding any public 1. A person who has decided to rise publicly
office or employment, takes part therein and take arms the government
3. Any person merely participating or 2. For any of the purposes of rebellion
executing the command of other in a 3. Proposes its execution to some other
rebellion. person/s
In Government Service Not in Government
Service
Anyone who leads, directs, Anyone who participates or
Organizing a group of soldiers, soliciting
commands others to in an manner, supports, membership in, and soliciting funds for
undertake a coup. finances, abets, aids in a the organization show conspiracy to
coup. overthrow the govt
Serious violence is that inflicted upon The mere fact of giving and rendering
civilians, which may result in homicide. It is speeches favoring Communism would not
not limited to hostilities against the armed make the accused guilty of conspiracy if
force. theres no evidence that the hearers then
Diverting public funds is malversation and there agreed to rise up in arms
absorbed in rebellion against the govt
1. Public officer must take active part Conspiracy must be immediately prior to
because mere silence or omission not rebellion
punishable in rebellion If it is during the rebellion, then it is
2. It is not a defense in rebellion that the already taking part in it.
accused never took the oath of allegiance
to, or that they never recognized the Art. 137. Disloyalty of public officers or
government employees The penalty of prision correccional in
3. Rebellion cannot be complexed with its minimum period shall be imposed upon public
officers or employees who have failed to resist a
murder and other common crimes rebellion by all the means in their power, or shall
committed in pursuance of the movement continue to discharge the duties of their offices under
to overthrow the government the control of the rebels or shall accept appointment
4. Killing, robbing etc for private persons or to office under them. (Reinstated by E.O. No. 187).
for profit, without any political motivation, ELEMENTS:
would be separately punished and would 1. Failing to resist rebellion by all the means
not be absorbed in the rebellion. in their power
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2. Continuing to discharge the duties of their and tumultuously in order to attain by force,
offices under the control of rebels intimidation, or by other means outside of legal
methods, any of the following objects:
3. Accepting appointment to office under 1. To prevent the promulgation or execution of
rebels any law or the holding of any popular
election;
Presupposes existence of rebellion 2. To prevent the National Government, or any
provincial or municipal government or any
Must not be in conspiracy with rebels or public officer thereof from freely exercising
coup plotters its or his functions, or prevent the execution
If there are means to prevent the rebellion of any administrative order;
but did not resist it, then theres disloyalty. If 3. To inflict any act of hate or revenge upon the
person or property of any public officer or
there are no means, no fault employee;
If position is accepted in order to protect the 4. To commit, for any political or social end,
people, not covered by this any act of hate or revenge against private
The collaborator must not have tried to persons or any social class; and
5. To despoil, for any political or social end, any
impose the wishes of the rebels of the person, municipality or province, or the
people. National Government (or the Government of
the United States), of all its property or any
Art. 138. Inciting a rebellion or insurrection The part thereof.
penalty of prision mayor in its minimum period shall ELEMENTS:
be imposed upon any person who, without taking 1. That the offenders rise
arms or being in open hostility against the
Government, shall incite others to the execution of
1) Publicly (if no public uprising = tumult
any of the acts specified in article 134 of this Code, by and other disturbance of public order)
means of speeches, proclamations, writings, 2) Tumultuously (vis--vis rebellion
emblems, banners or other representations tending to where there must be a taking of arms)
the same end. (Reinstated by E.O. No. 187). 3) to prevent the promulgation or
ELEMENTS: execution of any law or the holding of
1. That the offender does not take arms or is any popular election
not in open hostility against the 4) to prevent the national government, or
government any provincial or municipal
2. That he incites others to the execution of government, or any public thereof
any of the acts of rebellion from freely exercising its or his
3. That the inciting is done by means of functions, or prevent the execution of
speeches, proclamations, writings, any administrative order
emblems, banners or other 5) to inflict any act or hate or revenge
representations tending to the same end upon the person or property of any
public officer or employee
Intentionally calculated to seduce others to 6) to commit for any political or social
rebellion end, any act of hate or revenge
There must be uprising to take up arms and against private persons or any social
rise publicly for the purposes indicated in Art class (hence, even private persons
134 may be offended parties)
Proposal to Commit Inciting to Rebellion (138) 7) to despoil, for any political or social
Rebellion (136)
end, any person, municipality or
The person who proposes Not required that the
has decided to commit offender has decided to province, or the national government
rebellion. commit rebellion. of all its property or any part thereof
The person who proposes The inciting is done 2. That they employ force, intimidation, or
the execution of the crime publicly. other means outside of legal methods
uses secret means. 3. That the offenders employ any of those
means to attain any of the following
Art. 139. Sedition; How committed The crime of objects:
sedition is committed by persons who rise publicly

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Sedition: raising of commotion or any person who, without taking any direct part in the
crime of sedition, should incite others to the
disturbances in the State. Its ultimate object
accomplishment of any of the acts which constitute
is a violation of the public peace or at least sedition, by means of speeches, proclamations,
such measures that evidently engenders it. writings, emblems, cartoons, banners, or other
Difference from rebellion object or representations tending to the same end, or upon any
purpose of the surprising. For sedition person or persons who shall utter seditious words or
speeches, write, publish, or circulate scurrilous libels
sufficient that uprising is tumultuous. In against the Government (of the United States or the
rebellion there must be taking up of arms Government of the Commonwealth) of the
against the government. Philippines, or any of the duly constituted authorities
Sedition purpose may be either political or thereof, or which tend to disturb or obstruct any lawful
officer in executing the functions of his office, or which
social. In rebellion always political tend to instigate others to cabal and meet together for
Tumultuous caused by more than 3 unlawful purposes, or which suggest or incite
persons who are armed or provided with rebellious conspiracies or riots, or which lead or tend
means of violence to stir up the people against the lawful authorities or to
disturb the peace of the community, the safety and
Preventing public officers from freely order of the Government, or who shall knowingly
exercising their functions conceal such evil practices. (Reinstated by E.O. No.
In sedition offender may be a private or 187).
public person (Ex. Soldier) ELEMENTS:
Public uprising and the object of sedition 1. That the offender does not take a
must concur direct part in the crime of sedition
Q: Are common crimes absorbed in 2. That he incites others to the
sedition? In P v. Umali, SC held that NO. accomplishment of any of the acts which
Crimes committed in that case were constitute sedition (134)
independent of each other. 3. That the inciting is done by means of
Preventing election through legal means speeches, proclamations, writing, emblems,
NOT sedition cartoons, banners, or other representations
But when sugar farmers demonstrated and tending to the same end (purpose: cause
destroyed the properties of sugar barons commotion not exactly against the
sedition government; actual disturbance not
Persons liable for sedition: necessary)
a) leader of the sedition, and
b) other persons participating in the Different acts of inciting to sedition:
sedition 1. Inciting others to the accomplishment of
any of the acts which constitute sedition
Art. 140. Penalty for sedition The leader of a by means of speeches, proclamations,
sedition shall suffer the penalty of prision mayor in its writings, emblems etc.
minimum period and a fine not exceeding 10,000 2. Uttering seditious words or speeches
pesos. which tend to disturb the public peace or
Other persons participating therein shall suffer the writing, publishing, or circulating
penalty of prision correccional in its maximum period scurrilous [vulgar, mean, libelous] libels
and a fine not exceeding 5,000 pesos. (Reinstated by against the government or any of the duly
E.O. No. 187). constituted authorities thereof, which tend
Art. 141. Conspiracy to commit sedition
to disturb the public peace
Persons conspiring to commit the crime of sedition 3. Knowingly concealing such evil practices
shall be punished by prision correccional in its
medium period and a fine not exceeding 2,000 pesos.
(Reinstated by E.O. No. 187).

Art. 142. Inciting to sedition The penalty of WHEN PUNISHABLE:


prision correccional in its maximum period and a fine
not exceeding 2,000 pesos shall be imposed upon

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1. when they tend to disturb or obstruct any any provincial board or city or municipal council or
lawful officer in executing the functions of board, or in the presence of any such bodies should
behave in such manner as to interrupt its proceedings
his office; or or to impair the respect due it. (Reinstated by E.O.
2. when they tend to instigate others to cabal No. 187).
and meet together for unlawful purposes ELEMENTS:
3. when they suggest or incite rebellious 1. That there be a meeting of Congress or
conspiracies or riots; or any of its committees, constitutional
4. when they lead or tend to stir up the commissions or committees or divisions
people against the lawful authorities or to thereof, or of any provincial board or city
disturb the peace of the community, the or municipal council or board
safety and order of the government 2. That the offender does any of the following
acts:
CHAPTER 2: CRIMES AGAINST POPULAR a) he disturbs any of such meetings
REPRESENTATION b) he behaves while in the presence of
any such bodies in such a manner as
Section 1 Crimes against legislative bodies ad to interrupt its proceedings or to
similar bodies
impair the respect due it
Art. 143. Act tending to prevent the meeting of the
Assembly and similar bodies The penalty of Complaint must be filed by member of the
prision correccional or a fine ranging from 200 to Legislative body. Accused may also be
2,000 pesos, or both, shall be imposed upon any punished for contempt.
person who, by force or fraud, prevents the meeting
of the National Assembly (Congress of the
Section 2 Violation of parliamentary immunity
Philippines) or of any of its committees or
subcommittees, constitutional commissions or
committees or divisions thereof, or of any provincial Art. 145. Violation of parliamentary immunity
board or city or municipal council or board. The penalty of prision mayor shall be imposed upon
(Reinstated by E.O. No. 187). any person who shall use force, intimidation, threats,
or fraud to prevent any member of the National
ELEMENTS: Assembly (Congress of the Philippines) from
1. That there be a projected or actual attending the meetings of the Assembly (Congress) or
meeting of Congress or any of its of any of its committees or subcommittees,
committees or subcommittees, constitutional commissions or committees or divisions
thereof, from expressing his opinions or casting his
constitutional commissions or committees vote; and the penalty of prision correccional shall be
or division thereof, or of any provincial imposed upon any public officer or employee who
board or city or municipal council or board shall, while the Assembly (Congress) is in regular or
2. That the offender who may be any special session, arrest or search any member thereof,
persons prevents such meeting by force except in case such member has committed a crime
punishable under this Code by a penalty higher than
or fraud prision mayor.
ACTS PUNISHABLE:
Chief of Police and mayor who prevented 1. By using force, intimidation, threats, or
the meeting of the municipal council are frauds to prevent any member of
liable under Art 143, when the defect of the Congress from
meeting is not manifest and requires an a) attending the meeting of the assembly
investigation before its existence can be or any of its committees, constitutional
determined. commissions or committees or
divisions thereof, or from
Art. 144. Disturbance of proceedings The
b) expressing his opinions or
penalty of arresto mayor or a fine from 200 to 1,000
pesos shall be imposed upon any person who c) casting his vote
disturbs the meetings of the National Assembly 2. By arresting or searching any member
(Congress of the Philippines) or of any of its thereof while Congress is in a regular or
committees or subcommittees, constitutional special session, except in case such
commissions or committees or divisions thereof, or of
member has committed a crime
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punishable under the code by a penalty 2) purpose : to commit any of crimes


higher than prision mayor punishable under the code
3) meeting attended by armed persons
ELEMENTS: b. Meeting of the second form
1. That the offender is a public officer or 1) Meeting, gathering or group of
employee persons whether in a fixed place or
2. That he arrests or searches any member of moving
Congress 2) Audience whether armed or not, is
3. That Congress, at the time of arrest or incited to the commission of the crime
search, is in a regular or special session of treason, rebellion or insurrection,
4. That the member searched has not sedition or direct assault.
committed a crime punishable under the
code by a penalty higher than prision Not all the persons present at the meeting
mayor (1987 constitution: privilege from of the first form of illegal assembly must be
arrest while congress in session in all armed
offenses punishable by not more than 6 Persons liable for illegal assembly:
years imprisonment). a. the organizers or leaders of the
meeting
Article partly inoperative because of the b. persons merely present at the
1987 Constitution meeting (except when presence is out
of curiosity not liable)
CHAPTER 3: ILLEGAL ASSEMBLIES AND Responsibility of persons merely present at
ASSOCIATIONS the meeting:
a. if they are not armed, penalty is
Art. 146. Illegal assemblies The penalty of prision
correccional in its maximum period to prision mayor in
arresto mayor
its medium period shall be imposed upon the b. if they carry arms, like bolos or knives,
organizers or leaders of any meeting attended by or licensed firearms, penalty is prision
armed persons for the purpose of committing any of correccional
the crimes punishable under this Code, or of any
Presumptions if person present at the
meeting in which the audience is incited to the
commission of the crime of treason, rebellion or meeting carries an unlicensed firearm:
insurrection, sedition or assault upon a person in a. purpose of the meeting is to commit
authority or his agents. Persons merely present at acts punishable under the RPC
such meeting shall suffer the penalty of arresto b. considered as leader or organizer of
mayor, unless they are armed, in which case the
penalty shall be prision correccional. the meeting

If any person present at the meeting carries an Art. 147. Illegal associations The penalty of
unlicensed firearm, it shall be presumed that the prision correccional in its minimum and medium
purpose of said meeting, insofar as he is concerned, periods and a fine not exceeding 1,000 pesos shall be
is to commit acts punishable under this Code, and he imposed upon the founders, directors, and presidents
shall be considered a leader or organizer of the of associations totally or partially organized for the
meeting within the purview of the preceding purpose of committing any of the crimes punishable
paragraph. under this Code or for some purpose contrary to
public morals. Mere members of said associations
As used in this article, the word "meeting" shall be shall suffer the penalty of arresto mayor. (Reinstated
understood to include a gathering or group, whether by E.O. No. 187).
in a fixed place or moving. (Reinstated by E.O. No. ELEMENTS:
187). 1. Organized totally or partially for the
2 TYPES OF ILLEGAL ASSEMBLIES: purpose of committing any of the crimes
a. Meeting of the first form in RPC
1) meeting, gathering or group of 2. Or for some purpose contrary to public
persons whether in a fixed place or morals
moving

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PERSONS LIABLE: intimidation, or (d) makes a serious


1. founders, directors and president of the resistance.
association 2. That the person assaulted is a person in
2. mere members of the association authority or his agent.
Illegal Assembly (146) Illegal Association (147) 3. That at the time of the assault the person
Must be an actual meeting No need for such in authority or his agent (a) is engaged in
of armed persons to commit the actual performance of official duties
any of the crimes
punishable under the RPC,
(motive is not essential), or that he is
or of individuals who, assaulted (b) by reason of the past
although not armed, are performance of official duties (motive is
incited to the commission of essential).
treason, rebellion, sedition
4. That the offender knows that the one he is
or assault upon a person in
authority of his agent. assaulting is a person in authority or his
It is the meeting and the Act of forming or agent in the exercise of his duties (with
attendance at such that are organizing and intention to offend, injure or assault).
punished membership in the 5. That there is no public uprising.
association
Persons liable: leaders and Founders, directors,
those present president and members
Always complexed with the material
consequence of the act (e.g. direct assault
CHAPTER 4: ASSAULT UPON, AND RESISTANCE with murder) except if resulting in a light
AND DISOBIDIENCE TO, PERSONS IN AUTHORITY felony, in which case, the consequence is
AND THEIR AGENTS absorbed
Hitting the policeman on the chest with fist
Art. 148. Direct assaults Any person or persons is not direct assault because if done against
who, without a public uprising, shall employ force or
intimidation for the attainment of any of the purpose an agent of a person in authority, the force
enumerated in defining the crimes of rebellion and employed must be of serious character
sedition, or shall attack, employ force, or seriously The force employed need not be serious
intimidate or resist any person in authority or any of when the offended party is a person in
his agents, while engaged in the performance of
official duties, or on occasion of such performance,
authority (ex. Laying of hands)
shall suffer the penalty of prision correccional in its The intimidation or resistance must be
medium and maximum periods and a fine not serious whether the offended party is an
exceeding P1,000 pesos, when the assault is agent only or a person in authority (ex.
committed with a weapon or when the offender is a
public officer or employee, or when the offender lays
Pointing a gun)
hands upon a person in authority. If none of these
circumstances be present, the penalty of prision Force Intimidation/resistance
correccional in its minimum period and a fine not employed
exceeding P500 pesos shall be imposed. Person in Need not be Serious
ELEMENTS of the 1st form: Authority serious
1. That the offender employs force or Agent Must be of Serious
serious
intimidation. character
2. That the aim of the offender is to attain any
Person in authority: any person directly
of the purposes of the crime of rebellion
vested with jurisdiction (power or authority
or any of the objects of the crimes of
to govern and execute the laws) whether as
sedition. (victim need not be person in
authority) an individual or as a member of some court
or governmental corporation, board or
3. That there is no public uprising.
commission
A barangay captain is a person in authority,
ELEMENTS of the 2nd form: so is a Division Superintendent of schools,
1. That the offender (a) makes an attack, (b) President of Sanitary Division and a teacher
employs force, (c) makes a serious
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Agent: is one who, by direct provision of law 2. That a person comes to the aid of such
or by election or by appointment by authority or his agent.
competent authority, is charged with the 3. That the offender makes use of force or
maintenance of public order and the intimidation upon such person coming to
protection and security of life and property. the aid of the authority or his agent.
(Example. Barrio councilman and any
person who comes to the aid of the person Indirect assault can be committed only
in authority, policeman, municipal treasurer, when a direct assault is also committed
postmaster, sheriff, agents of the BIR, To be indirect assault, the person who
Malacaang confidential agent) should be aided is the agent (not the person
Even when the person in authority or the in authority because it is already direct
agent agrees to fight, still direct assault. assault, the person coming to the aid of the
When the person in authority or the agent person in authority being considered as an
provoked/attacked first, innocent party is agent and an attack on the latter is already
entitled to defend himself and cannot be direct assault). Example. Aiding a
held liable for assault or resistance nor for policeman under attack.
physical injuries, because he acts in
legitimate self-defense Art. 150. Disobedience to summons issued by the
National Assembly, its committees or
There can be no assault upon or subcommittees, by the Constitutional
disobedience to one authority by another Commissions, its committees, subcommittees or
when they both contend that they were in divisions The penalty of arresto mayor or a fine
the exercise of their respective duties. ranging from two hundred to one thousand pesos, or
both such fine and imprisonment shall be imposed
When assault is made by reason of the
upon any person who, having been duly summoned
performance of his duty there is no need for to attend as a witness before the National Assembly,
actual performance of his official duty when (Congress), its special or standing committees and
attacked subcommittees, the Constitutional Commissions and
Circumstances qualifying the offense its committees, subcommittees, or divisions, or before
any commission or committee chairman or member
(Qualified Assault): authorized to summon witnesses, refuses, without
a. when the assault is committed with a legal excuse, to obey such summons, or being
weapon present before any such legislative or constitutional
b. when the offender is a public officer or body or official, refuses to be sworn or placed under
affirmation or to answer any legal inquiry or to
employee produce any books, papers, documents, or records in
c. when the offender lays hand upon a his possession, when required by them to do so in the
person in authority exercise of their functions. The same penalty shall be
Complex crime of direct assault with imposed upon any person who shall restrain another
from attending as a witness, or who shall induce
homicide or murder, or with serious physical disobedience to a summon or refusal to be sworn by
injuries. any such body or official.
Direct assault cannot be committed during ACTS PUNISHABLE:
rebellion. 1. refusing without legal excuse to obey
summons
Art. 149. Indirect assaults The penalty of prision 2. refusing to be sworn or placed under
correccional in its minimum and medium periods and
a fine not exceeding P500 pesos shall be imposed affirmation
upon any person who shall make use of force or 3. refusing to answer any legal inquiry to
intimidation upon any person coming to the aid of the produce books, records etc.
authorities or their agents on occasion of the 4. restraining another from attending as
commission of any of the crimes defined in the next
preceding article.
witness in such body
ELEMENTS: 5. inducing disobedience to a summons or
1. That a person in authority or his agent is refusal to be sworn
the victim of any of the forms of direct Art. 151. Resistance and disobedience to a person
assault defined in ART. 148.
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in authority or the agents of such person The and other articles of this Code, any person directly
penalty of arresto mayor and a fine not exceeding 500 vested with jurisdiction, whether as an individual or as
pesos shall be imposed upon any person who not a member of some court or governmental corporation,
being included in the provisions of the preceding board, or commission, shall be deemed a person in
articles shall resist or seriously disobey any person in authority. A barrio captain and a barangay chairman
authority, or the agents of such person, while shall also be deemed a person in authority.
engaged in the performance of official duties.
A person who, by direct provision of law or by election
When the disobedience to an agent of a person in or by appointment by competent authority, is charged
authority is not of a serious nature, the penalty of with the maintenance of public order and the
arresto menor or a fine ranging from 10 to P100 protection and security of life and property, such as a
pesos shall be imposed upon the offender.c barrio councilman, barrio policeman and barangay
ELEMENTS PAR. 1: leader and any person who comes to the aid of
persons in authority, shall be deemed an agent of a
1. That a person in authority or his agent is person in authority.
engaged in the performance of official
duty or gives a lawful order to the In applying the provisions of Articles 148 and 151 of
offender. this Code, teachers, professors and persons charged
2. That the offender resists or seriously with the supervision of public or duly recognized
private schools, colleges and universities, and
disobeys such person in authority or his lawyers in the actual performance of their professional
agent. duties or on the occasion of such performance, shall
3. That the act of the offender is not be deemed persons in authority. (As amended by PD
included in the provisions of arts. 148, No. 299, Sept. 19, 1973 and Batas Pambansa Blg.
873, June 12, 1985).
149 and 150.

ELEMENTS PAR. 2: Persons in Authority any person directly


1. That an agent of a person in authority is vested with jurisdiction, whether as an
engaged in the performance of official individual or as a member of some court or
duty gives a lawful order to the offender. governmental corporation, board or
2. That the offender disobeys such agent of commission.
a person in authority. 1) Barangay captain
3. That such disobedience is not of a 2) Barangay chairman
serious nature. 3) Teachers
Direct Assault (148) Resistant and 4) Professors
Disobedience to a Person 5) Persons charged with the supervision
in Authority or Agents of of public or duly recognized private
such Person (151) schools, colleges and universities
PIA or his agent must be PIA or his agent must be in 6) Lawyers in the actual performance of
engaged in the the actual performance of his
performance of official duties. their professional duties or on the
duties or that he is occasion of such performance
assaulted
Direct assault is Committed by resisting or Agent of Person in Authority any person
committed in 4 ways by seriously disobeying a PIA or who, by direct provision of law or by election
attacking, employing his agent.
force, and seriously or by appointment by competent authority,
resisting a PIA or his is charged with the maintenance of public
agent. order and the protection and security of life
Use of force against an Use of force against an and property.
agent of PIA must be agent of a PIA is not so 1) Barrio councilman
serious and deliberate. serious; no manifest intention
to defy the law and the 2) Barrio policeman
officers enforcing it. 3) Barangay leader
4) Any person who comes to the aid of
Art. 152. Persons in authority and agents of persons in authority
persons in authority; Who shall be deemed as
such In applying the provisions of the preceding

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Section 388 of the Local Govt Code 2. Interrupting or disturbing public


provides that for purposes of the RPC, the performances, functions, gatherings or
punong barangay, sangguniang barangay peaceful meetings, if the act is not
members and members of the lupong included in Art 131 and 132 (Public
tagapamayapa in each barangay shall be Officers interrupting peaceful meetings or
deemed as persons in authority in their religious worship).
jurisdictions, while other barangay officials 3. Making any outcry tending to incite
and members who may be designated by rebellion or sedition in any meeting,
law or ordinance and charged with the association or public place
maintenance of public order, protection and 4. Displaying placards or emblems which
the security of life, property, or the provoke a disturbance of public order in
maintenance of a desirable and balanced such place
environment, and any barangay member 5. Burying with pomp the body of a person
who comes to the aid of persons in authority who has been legally executed.
shall be deemed AGENT of persons in
authority. If the act of disturbing or interrupting a
meeting or religious ceremony is NOT
CHAPTER 5: PUBLIC DISORDERS committed by public officers, or if committed
by public officers they are not participants
Art. 153. Tumults and other disturbance of public therein, this article applies. Art 131 and 132
orders; Tumultuous disturbance or interruption
liable to cause disturbance The penalty of punishes the same acts if committed by
arresto mayor in its medium period to prision public officers who are NOT participants in
correccional in its minimum period and a fine not the meeting
exceeding 1,000 pesos shall be imposed upon any The outcry is merely a public disorder if it is
person who shall cause any serious disturbance in a
public place, office, or establishment, or shall interrupt
an unconscious outburst which, although
or disturb public performances, functions or rebellious or seditious in nature, is not
gatherings, or peaceful meetings, if the act is not intentionally calculated to induce others to
included in the provisions of Articles 131 and 132. commit rebellion or sedition, otherwise, its
inciting to rebellion or sedition.
The penalty next higher in degree shall be imposed
upon persons causing any disturbance or interruption Tumultuous if caused by more than 3
of a tumultuous character. persons who are armed or provided with
means of violence (circumstance qualifying
The disturbance or interruption shall be deemed to be the disturbance/interruption) tumultuous
tumultuous if caused by more than three persons who
are armed or provided with means of violence. in character

The penalty of arresto mayor shall be imposed upon Art. 154. Unlawful use of means of publication and
any person who in any meeting, association, or public unlawful utterances The penalty of arresto mayor
place, shall make any outcry tending to incite rebellion and a fine ranging from P200 to P1,000 pesos shall
or sedition or in such place shall display placards or be imposed upon:
emblems which provoke a disturbance of the public
order. 1. Any person who by means of printing,
lithography, or any other means of
The penalty of arresto menor and a fine not to exceed publication shall publish or cause to be
P200 pesos shall be imposed upon these persons published as news any false news which
who in violation of the provisions contained in the last may endanger the public order, or cause
clause of Article 85, shall bury with pomp the body of damage to the interest or credit of the State;
a person who has been legally executed. 2. Any person who by the same means, or by
words, utterances or speeches shall
encourage disobedience to the law or to the
constituted authorities or praise, justify, or
TYPES: extol any act punished by law;
1. Causing any serious disturbance in a 3. Any person who shall maliciously publish or
public place, office or establishment cause to be published any official resolution
or document without proper authority, or
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before they have been published officially; or offensive to another or prejudicial to


4. Any person who shall print, publish, or public tranquility
distribute or cause to be printed, published,
or distributed books, pamphlets, periodicals, 3. Disturbing the public peace while
or leaflets which do not bear the real printer's wandering about at night or while
name, or which are classified as anonymous. engaged in any other nocturnal
TYPES: amusement
1. Publishing or causing to be published, by 4. Causing any disturbance or scandal in
means of printing, lithography or any public places while intoxicated or
other means of publication as news any otherwise, provided the act is not covered
false news which may endanger the by Art 153 (tumult).
public order, or cause damage to the
interest or credit of the State. Charivari mock serenade or discordant
2. Encouraging disobedience to the law or to noises made with kettles, tin horns etc,
the constituted authorities or by praising, designed to deride, insult or annoy
justifying or extolling any act punished by Firearm must not be pointed at a person,
law, by the same means or by words, otherwise, it is illegal discharge
utterances or speeches What governs is the result, not the intent
3. Maliciously publishing or causing to be CRIME Nature of Crime Who are
published any official resolution or Liable
document without proper authority, or Tumults and other Crime against Private
before they have been published officially Disturbances (153) Public Order persons,
outsider
4. Printing, publishing or distributing or
Alarms and Crime against Private
(causing the same) books, pamphlets, Scandals (155) Public Order persons,
periodicals or leaflets which do not bear outsider
the real printers name or which are
classified as anonymous. Art. 156. Delivery of prisoners from jails The
penalty of arresto mayor in its maximum period of
Art. 155. Alarms and scandals The penalty of prision correccional in its minimum period shall be
arresto menor or a fine not exceeding P200 pesos imposed upon any person who shall remove from any
shall be imposed upon: jail or penal establishment any person confined
1. Any person who within any town or public therein or shall help the escape of such person, by
place, shall discharge any firearm, rocket, means of violence, intimidation, or bribery. If other
firecracker, or other explosives calculated to means are used, the penalty of arresto mayor shall be
cause alarm or danger; imposed.
2. Any person who shall instigate or take an
active part in any charivari or other disorderly If the escape of the prisoner shall take place outside
meeting offensive to another or prejudicial to of said establishments by taking the guards by
public tranquility; surprise, the same penalties shall be imposed in their
3. Any person who, while wandering about at minimum period.
night or while engaged in any other nocturnal ELEMENTS:
amusements, shall disturb the public peace; 1. That there is a person confined in a jail or
or
4. Any person who, while intoxicated or
penal establishment.
otherwise, shall cause any disturbance or 2. That the offender removes therefor such
scandal in public places, provided that the person, or helps the escape of such
circumstances of the case shall not make the person (if the escapee is serving final
provisions of Article 153 applicable. judgement, he is guilty of evasion of
TYPES: sentence).
1. Discharging any firearm, rocket, 3. Offender is a private individual
firecracker, or other explosive within any
town or public place, calculated to cause Prisoner may be detention prisoner or one
alarm or danger sentenced by virtue of a final judgment
2. Instigating or taking active part in any
charivari or other disorderly meeting
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A policeman assigned to the city jail as d. connivance with other convicts or


guard who while off-duty released a employees of the penal institution
prisoner is liable here
It may be committed through negligence Art. 158. Evasion of service of sentence on the
occasion of disorder, conflagrations,
Circumstances qualifying the offense is earthquakes, or other calamities A convict who
committed by means of violence, shall evade the service of his sentence, by leaving the
intimidation or bribery. penal institution where he shall have been confined,
Mitigating circumstance if it takes place on the occasion of disorder resulting from a
conflagration, earthquake, explosion, or similar
outside the penal establishment by taking catastrophe, or during a mutiny in which he has not
the guards by surprise participated, shall suffer an increase of one-fifth of the
time still remaining to be served under the original
CHAPTER 6: EVASION OF SERVICE OF sentence, which in no case shall exceed six months, if
SENTENCE he shall fail to give himself up to the authorities within
forty-eight hours following the issuance of a
Art. 157. Evasion of service of sentence The proclamation by the Chief Executive announcing the
penalty of prision correccional in its medium and passing away of such calamity.
maximum periods shall be imposed upon any convict
who shall evade service of his sentence by escaping Convicts who, under the circumstances mentioned in
during the term of his imprisonment by reason of final the preceding paragraph, shall give themselves up to
judgment. However, if such evasion or escape shall the authorities within the above mentioned period of
have taken place by means of unlawful entry, by 48 hours, shall be entitled to the deduction provided in
breaking doors, windows, gates, walls, roofs, or Article 98.
floors, or by using picklocks, false keys, deceit, ELEMENTS:
violence or intimidation, or through connivance with 1. That the offender is a convict by final
other convicts or employees of the penal institution, judgement who is confined in a penal
the penalty shall be prision correccional in its
maximum period. institution.
ELEMENTS: 2. That there is disorder, resulting from-
1. That the offender is a convict by final a. conflagration,
judgment. b. earthquake,
2. That he is serving his sentence which c. explosion, or
consists in deprivation of liberty (destierro d. similar catastrophe, or
included) e. mutiny in which he has not
3. That he evades the service of his participated.
sentence by escaping during the term if 3. That the offender evades the service of
his sentence. (fact of return immaterial). his sentence by leaving the penal
institution where he is confined, on the
A continuing offense. occasion of such disorder or during the
mutiny.
Offenders not minor delinquents nor
4. That the offender fails to give himself up
detention prisoners
to the authorities within 48 hours following
If escaped within the 15 day appeal period
the insurance of a proclamation by the
no evasion
chief executive announcing the passing
No applicable to deportation as the away of such calamity.
sentence
Flimsy excuse for violating destierro not
Penalty: an increase by 1/5 of the time
acceptable remaining to be served under the original
Circumstances qualifying the offense (done sentence, in no case to exceed 6 months.
thru): Offender must escape to be entitled to
a. unlawful entry (by scaling)
allowance
b. breaking doors, windows, gates,
Mutiny organized unlawful resistance to a
walls, roofs or floors
superior officer, a sedition, a revolt
c. using picklocks, false keys, disguise,
deceit, violence or intimidation Disarming the guards is not mutiny
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after reaching the said age, unless by reason of his


Art. 159. Other cases of evasion of service of conduct or other circumstances he shall not be worthy
sentence The penalty of prision correccional in its of such clemency.
minimum period shall be imposed upon the convict ELEMENTS:
who, having been granted conditional pardon by the 1. That the offender was already convicted
Chief Executive, shall violate any of the conditions of
by final judgement of one offense.
such pardon. However, if the penalty remitted by the
granting of such pardon be higher than six years, the 2. That he committed a new felony before
convict shall then suffer the unexpired portion of his beginning to serve such sentence or while
original sentence. serving the same.
ELEMENTS:
1. That the offender was a convict. Quasi-recidivism : a person after having
2. That he was granted a conditional pardon been convicted by final judgement shall
by the chief executive. commit a new felony before beginning to
3. That he violated any of the conditions of serve such sentence, or while serving the
such pardon. same.
Second crimes must belong to the RPC, not
Condition extends to special laws special laws. First crime may be either from
violation of illegal voting the RPC or special laws
Offender must have been found guilty of Reiteracion: offender shall have served out
the subsequent offense before he can be his sentence for the prior offense
prosecuted under this Article. But if under A quasi-recidivist may be pardoned at age
Revised Admin Code, no conviction 70. Except: Unworthy or Habitual
necessary. President has power to arrest, Delinquent
reincarnate offender without trial. If new felony is evasion of sentence
VIOLATION OF PARDON ORDINARY EVASION offender is not a quasi-recidivist
Infringement of To evade the penalty given
conditions/terms of by the courts disturbs the
Penalty: maximum period of the penalty for
President public order the new felony should be imposed
(mitigating circumstance can only be
TWO PENALTIES PROVIDED: appreciated if the maximum is divisible)
1. prision correccional in its minimum period Quasi-Recidivism may be offset by a special
if the penalty remitted does not exceed privileged mitigating circumstance (ex.
6 years Minority)
2. the unexpired portion of his original
sentence if the penalty remitted is TITLE FOUR
higher than 6 years CRIMES AGAINST PUBLIC INTEREST

Section 1: Forging the seal of the Government of


CHAPTER 7: COMMISSION OF ANOTHER CRIME
the Philippine Islands, the signature or stamp of the
DURING SERVICE OF PENALTY IMPOSED FOR
Chief Executive
ANOTHER PREVIOUS OFFENSE

Art. 160. Commission of another crime during Art. 161. Counterfeiting the great seal of the
service of penalty imposed for another offense; Government of the Philippine Islands, forging the
Penalty Besides the provisions of Rule 5 of Article signature or stamp of the Chief Executive The
62, any person who shall commit a felony after having penalty of reclusion temporal shall be imposed upon
been convicted by final judgment, before beginning to any person who shall forge the Great Seal of the
serve such sentence, or while serving the same, shall Government of the Philippine Islands or the signature
be punished by the maximum period of the penalty or stamp of the Chief Executive.
prescribed by law for the new felony. TYPES:
1. Forging the great seal of the Government
Any convict of the class referred to in this article, who 2. Forging the signature of the President
is not a habitual criminal, shall be pardoned at the age
of seventy years if he shall have already served out 3. Forging the stamp of the President
his original sentence, or when he shall complete it

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When the signature of the President is


forged, it is not falsification but forging of Coin is counterfeit if it is forged, or if it is
signature under this article not an article of the government as legal
Signature must be forged, others signed it tender, regardless if it is of no value
not the President. Counterfeiting imitation of legal or genuine
coin (may contain more silver, different
Art. 162. Using forged signature or counterfeit design) such as to deceive an ordinary
seal or stamp The penalty of prision mayor shall person in believing it to be genuine
be imposed upon any person who shall knowingly
make use of the counterfeit seal or forged signature Utter to pass counterfeited coins, deliver
or stamp mentioned in the preceding article. or give away
ELEMENTS: Import to bring to port the same
1. That the great seal of the republic was Both Philippine and foreign state coins
counterfeited or the signature or stamp of Applies also to coins withdrawn from
the chief executive was forged by another circulation
person. Essence of article: making of coins without
2. That the offender knew of the authority
counterfeiting or forgery.
3. That he used the counterfeit seal or Art. 164. Mutilation of coins; Importation and
forged signature or stamp. utterance of mutilated coin. The penalty of
prision correccional in its minimum period and a fine
not to exceed P2,000 pesos shall be imposed upon
Offender is NOT the forger/not the cause of any person who shall mutilate coins of the legal
the counterfeiting currency of the United States or of the Philippine
Islands or import or utter mutilated current coins, or in
Section 2 Counterfeiting coins connivance with mutilators or importers.
ELEMENTS:
Art. 163. Making and importing and uttering false This has been repealed by PD 247. Under
coins Any person who makes, imports, or utters, this PD, the acts punishable are:
false coins, in connivance with counterfeiters, or 1. willful defacement
importers, shall suffer:
1. Prision mayor in its minimum and medium 2. mutilation
periods and a fine not to exceed P10,000 3. tearing
pesos, if the counterfeited coin be silver coin 4. burning
of the Philippines or coin of the Central Bank 5. destruction of Central Bank notes and
of the Philippines of ten centavo
denomination or above.
coins
2. Prision correccional in its minimum and
medium periods and a fine of not to exceed Mutilation to take off part of the metal
P2,000 pesos, if the counterfeited coins be either by filling it or substituting it for
any of the minor coinage of the Philippines
or of the Central Bank of the Philippines
another metal of inferior quality, to
below ten-centavo denomination. diminish by inferior means (to diminish
3. Prision correccional in its minimum period metal contents).
and a fine not to exceed P1,000 pesos, if the Foreign notes and coins not included.
counterfeited coin be currency of a foreign
Must be legal tender.
country. (As amended by R.A. No. 4202,
approved June 19, 1965). Must be intention to mutilate.
ELEMENTS:
1. That there be false or counterfeited coins Art. 165. Selling of false or mutilated coin, without
connivance The person who knowingly, although
(need not be legal tender). without the connivance mentioned in the preceding
2. That the offender either made, imported articles, shall possess false or mutilated coin with
or uttered such coins. intent to utter the same, or shall actually utter such
3. That in case of uttering such false or coin, shall suffer a penalty lower by one degree than
that prescribed in said articles.
counterfeited coins, he connives with
counterfeiters or importers. 2 TYPES:

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1. Possession of coin, counterfeited or issued by a foreign government.


mutilated by another person, with intent to 4. By prision mayor in its minimum period and a
fine not to exceed P2,000 pesos, when the
utter the same, knowing that it is false or forged or altered document is a circulating
mutilated. note or bill issued by a foreign bank duly
ELEMENTS: authorized therefor.
a. possession
b. with intent to utter, and ACTS PUNISHABLE:
c. knowledge 1. Forging or falsity of treasury/bank notes
2. Actually uttering such false or mutilated or documents payable to bearer
coin, knowing the same to be false or 2. Importing of such notes
mutilated. 3. Uttering of such false or forged
ELEMENTS: obligations and notes in connivance with
a. actually uttering, and forgers and importers
b. knowledge.
Forging by giving a treasury or bank note
Possession does not require legal tender in or document payable to bearer/order an
foreign coins appearance of a true and genuine
Includes constructive possession document
Read RA 427 Falsification by erasing, substituting,
counterfeiting or altering by any means the
Section 3 Forging treasury or bank notes, figures and letters, words, signs contained
obligations and securities; importing and uttering therein
false or forged notes, obligations and securities
E.g. falsifying lotto or sweepstakes ticket.
Art. 166. Forging treasury or bank notes on other Attempted estafa through falsification of an
documents payable to bearer; importing, and obligation or security of the Phil
uttering such false or forged notes and PNB checks not included here its
documents The forging or falsification of treasury falsification of commercial document under
or bank notes or certificates or other obligations and
securities payable to bearer and the importation and
Article 172
uttering in connivance with forgers or importers of Obligation or security includes: bonds,
such false or forged obligations or notes, shall be certificate of indebtedness, bills, national
punished as follows: bank notes, coupons, treasury notes,
1. By reclusion temporal in its minimum period
and a fine not to exceed P10,000 pesos, if
certificate of deposits, checks, drafts for
the document which has been falsified, money, sweepstakes money
counterfeited, or altered, is an obligations or
security of the United States or of the Art. 167. Counterfeiting, importing and uttering
Philippines Islands. instruments not payable to bearer Any person
The word obligation or security of the United States who shall forge, import or utter, in connivance with the
or of the Philippine Islands shall be held to mean all forgers or importers, any instrument payable to order
bonds, certificates of indebtedness, national bank or other document of credit not payable to bearer,
notes, fractional notes, certificates of deposit, bills, shall suffer the penalties of prision correccional in its
checks, or drafts for money, drawn by or upon medium and maximum periods and a fine not
authorized officers of the United States or of the exceeding P6,000 pesos.
Philippine Islands, and other representatives of value, ELEMENTS:
of whatever denomination, which have been or may
1. That there be an instrument payable to
be issued under any act of the Congress of the United
States or of the Philippine Legislature. order or other document of credit not
2. By prision mayor in its maximum period and payable to bearer.
a fine not to exceed P5,000 pesos, if the 2. That the offender either forged, imported
falsified or altered document is a circulating or uttered such instruments.
note issued by any banking association duly
authorized by law to issue the same. 3. That in case of uttering, he connived with
3. By prision mayor in its medium period and a the forger or importer.
fine not to exceed P5,000 pesos, if the
falsified or counterfeited document was Art. 168. Illegal possession and use of false
26
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treasury or bank notes and other instruments of be imposed upon any person who, without proper
credit Unless the act be one of those coming authority therefor alters any bill, resolution, or
under the provisions of any of the preceding articles, ordinance enacted or approved or pending approval
any person who shall knowingly use or have in his by either House of the Legislature or any provincial
possession, with intent to use any of the false or board or municipal council.
falsified instruments referred to in this section, shall ELEMENTS:
suffer the penalty next lower in degree than that
prescribed in said articles.
1. That these be a bill, resolution or
ELEMENTS: ordinance enacted or approved or
pending approval by the national
1. That any treasury or bank note or
assembly or any provincial board or
certificate or other obligation and security
payable to bearer, or any instrument municipal council.
2. That the offender (any person) alters the
payable to order or other document of
same.
credit not payable to bearer is forged or
3. That he has no proper authority therefor.
falsified by another person.
4. That the alteration has changed the
2. That the offender knows that any of those
meaning of the document.
instruments is forged or falsified.
3. That he performs any of these acts
a) using any of such forged or falsified Accused must not be a public official
instrument, or entrusted with the custody or possession of
b) possessing with intent to use any of such document otherwise Art 171 applies.
such forged or falsified instrument.
Art. 171. Falsification by public officer, employee
or notary or ecclesiastic minister The penalty of
Act sought to be punished: Knowingly prision mayor and a fine not to exceed P5,000 pesos
possessing with intent to use any of such shall be imposed upon any public officer, employee,
forged treasury or bank notes or notary who, taking advantage of his official
position, shall falsify a document by committing any of
the following acts:
Art. 169. How forgery is committed The forgery 1. Counterfeiting or imitating any handwriting,
referred to in this section may be committed by any of signature or rubric;
the following means: 2. Causing it to appear that persons have
1. By giving to a treasury or bank note or any participated in any act or proceeding when
instrument, payable to bearer or order they did not in fact so participate;
mentioned therein, the appearance of a true 3. Attributing to persons who have participated
genuine document. in an act or proceeding statements other
2. By erasing, substituting, counterfeiting or than those in fact made by them;
altering by any means the figures, letters, 4. Making untruthful statements in a narration
words or signs contained therein. of facts;
HOW FORGERY IS COMMITTED: 5. Altering true dates;
1. if all acts done but genuine appearance is 6. Making any alteration or intercalation in a
not given, the crime is frustrated genuine document which changes its
meaning;
2. by giving to a treasury or bank note or 7. Issuing in an authenticated form a document
any instrument payable to bearer or to purporting to be a copy of an original
order, the appearance of a true and document when no such original exists, or
genuine document including in such a copy a statement
contrary to, or different from, that of the
3. by erasing, substituting, counterfeiting,
genuine original; or
altering by any means the figures, letters 8. Intercalating any instrument or note relative
or words, or signs contained therein. to the issuance thereof in a protocol, registry,
or official book.
Section 4 Falsification of legislative, public, The same penalty shall be imposed upon any
commercial and private documents, and wireless, ecclesiastical minister who shall commit any of the
telegraph, and telephone message offenses enumerated in the preceding paragraphs of
this article, with respect to any record or document of
Art. 170. Falsification of legislative documents such character that its falsification may affect the civil
The penalty of prision correccional in its maximum status of persons.
period and a fine not exceeding P6,000 pesos shall
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ELEMENTS: REQUISITES OF PAR. 5 & 6:


1. That the offender is a public officer, 1. That there be an alteration (change) or
employee, or notary public. intercalation (insertion) on a document
2. That he takes advantage of his official 2. That it was made on a genuine document
position. 3. That the alteration/intercalation has
3. That he falsifies a document by changed the meaning of the document
committing any of the following acts: 4. That the change made the document
speak something false.
REQUISITES OF PAR. 1: 5. Issuing in an authenticated form a
1. That there be an intent to imitate, or an document purporting to be a copy of an
attempt to imitate original document when no such original
2. That the two signatures or handwritings, exists, or including in such copy a
the genuine and the forged, bear some statement contrary to, or different from,
resemblance, to each other that of the genuine original; (if no
knowledge, falsification through
(lack of similitude/imitation of a genuine negligence) or
signature will not be a ground for conviction 6. Intercalating any instrument or note
under par. 1 but such is not an impediment relative to the issuance thereof in a
to conviction under par. 2) protocol, registry, or official book.
(genuine document)
REQUISITES OF PAR. 2 & 3: 7. In case the offender is an ecclesiastical
1. That the offender caused it to appear in a minister, the act of falsification is
document that a person/s participated in committed with respect to any record or
an act or a proceeding; and document of such character that its
2. That such person/s did not in fact so falsification may affect the civil status of
participate in the act or proceeding persons.

REQUISITES OF PAR. 4: There is no crime of attempted or frustrated


1. That the offender makes in a document falsification of public document
statements in a narration of facts Persons liable public officer, employee or
2. That he has a legal obligation to disclose notary public or ecclesiastical minister
the truth of the facts narrated by him; If offender does not take advantage of his
(required by law to be done) and public position, he may still be liable for
3. That the facts narrated by the offender falsification of documents by a private
are absolutely false; and person
4. That the perversion or truth in the Document: any written statement by which a
narration of facts was made with the right is established or an obligation is
wrongful intent of injuring a third person extinguished
Not necessary that what is falsified is a
There must be a narration of facts, not a genuine or real document, enough that it
conclusion of law. Must be on a material gives an appearance of a genuine article
matter Counterfeiting imitating any handwriting,
Legal obligation means that there is a law signature or rubric
requiring the disclosure of the truth of the Feigning simulating a signature,
facts narrated. Ex. Residence certificates handwriting, or rubric out of one of which
The person making the narration of facts does not in fact exist
must be aware of the falsity of the facts
narrated by him. This kind of falsification Art. 172. Falsification by private individual and
may be committed by omission use of falsified documents The penalty of prision
correccional in its medium and maximum periods and
a fine of not more than P5,000 pesos shall be
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imposed upon: 1. That the offender committed any of the


1. Any private individual who shall commit any acts of falsification, except those in
of the falsifications enumerated in the next
preceding article in any public or official paragraph 7 and 8, enumerated in art.
document or letter of exchange or any other 171.
kind of commercial document; and 2. That the falsification was committed in
2. Any person who, to the damage of a third any private document (must affect the
party, or with the intent to cause such
damage, shall in any private document
truth or integrity of the document)
commit any of the acts of falsification 3. That the falsification caused damage
enumerated in the next preceding article. (essential element; hence, no crime of
3. Any person who shall knowingly introduce in estafa thus falsification of private
evidence in any judicial proceeding or to the document) to a third party or at least the
damage of another or who, with the intent to
cause such damage, shall use any of the falsification was committed with intent to
false documents embraced in the next cause such damage.
preceding article, or in any of the foregoing
subdivisions of this article, shall be punished Not necessary that the offender profited or
by the penalty next lower in degree.
hoped to profit from the falsification
ELEMENTS PAR. 1:
A document falsified as a necessary means
1. That the offender is a private individual or
to commit another crime must be public,
a public officer or employee who did not
official or commercial
take advantage of his official position.
There is no complex crime of estafa through
2. That he committed any of the acts of
falsification enumerated in ART. 171. falsification of a private document because
the immediate effect of the latter is the
same as that of estafa
Under this paragraph, damage is not
essential, it is presumed If the estafa was already consummated at
the time of the falsification of a private
Defense: lack of malice or criminal intent
document was committed for the purpose of
The following writings are public: concealing the estafa, the falsification is not
a) the written acts or records of cats of
punishable, because as regards the
the sovereign authority of official falsification of the private document there
bodies and tribunals, and of the public
was no damage or intent to cause damage.
officers, legislative, judicial and
A private document may acquire the
executive, whether of the Philippines
character of a public document when it
or of a foreign country.
becomes part of an official record and is
b) Public records kept in the Philippines.
certified by a public officer duly authorized
Examples of commercial documents
by law
warehouse receipts, airway bills, bank
The crime is falsification of public
checks, cash files, deposit slips and bank
documents even if falsification took place
statements, journals, books, ledgers, drafts,
before the private document becomes part
letters of credit and other negotiable
of the public records.
instruments
Cash disbursement vouchers or receipts ELEMENTS PAR. 3:
evidencing payments are not commercial 1. Introducing in a judicial proceeding:
documents
1) That the offender knew that a
A mere blank form of an official document is document was falsified by another
not in itself a document person.
The possessor of falsified document is 2) That the false document is embraced
presumed to be the author of the in art. 171 or in any subdivisions nos.
falsification 1 and 2 of art. 172.
3) That he introduced said document in
ELEMENTS PAR. 2 : evidence in any judicial proceeding.
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(intent to cause damage not receiving wireless, cable or telephone


necessary) message.
4) that the offender knew that a 2) That the accused commits any of the
document was falsified by another following acts:
person. a. uttering fictitious wireless, cable,
5) That the false document is embraced telegraph, or telephone message, or
in art. 171 or in any of subdivisions b. falsifying wireless, cable, telegraph, or
nos. 1 and 2 of art. 172. telephone message
6) That he used such documents (not in 2. Using such falsified message
judicial proceedings). Requisites:
7) That the use of the documents caused 1) That the accused knew that wireless,
damage to another or at least was cable, telegraph, or telephone message
used with intent to cause such was falsified by any of the person
damage. specified in the first paragraph of art. 173.
2. Use in any other transaction 2) That the accused used such falsified
The user of the falsified document is dispatch.
deemed the author of falsification, if: 3) That the use of the falsified dispatch
a) the use is so closely connected in resulted in the prejudice of a third party,
time with the falsification or that the use thereof was with intent to
b) the user had the capacity of falsifying cause such prejudice.
the document
The public officer, to be liable must be
Falsification of Private Falsification of engaged in the service of sending or
Documents Public/Official Documents receiving wireless, cable and telegraph or
Prejudice to third party is Prejudice to third persons is telephone message
an element of the immaterial, what is punished
offense. is the violation of public faith
and perversion of truth which Section 5 Falsification of medical certificates,
the document proclaims. certificates of merit or services and the like

Art. 174. False medical certificates, false


Art. 173. Falsification of wireless, cable, telegraph
certificates of merits or service, etc. The
and telephone messages, and use of said falsified
penalties of arresto mayor in its maximum period to
messages The penalty of prision correccional in its
prision correccional in its minimum period and a fine
medium and maximum periods shall be imposed upon
not to exceed P1,000 pesos shall be imposed upon:
officer or employee of the Government or of any
1. Any physician or surgeon who, in
private corporation or concern engaged in the service connection, with the practice of his
of sending or receiving wireless, cable or telephone
profession, shall issue a false certificate; and
message who utters a fictitious wireless, telegraph or
2. Any public officer who shall issue a false
telephone message of any system or falsifies the
certificate of merit of service, good conduct
same.
or similar circumstances.
The penalty of arresto mayor shall be
Any person who shall use such falsified dispatch to imposed upon any private person who shall
the prejudice of a third party or with the intent of
falsify a certificate falling within the classes
cause such prejudice, shall suffer the penalty next
mentioned in the two preceding subdivisions.
lower in degree.
ACTS PUNISHABLE:
PERSONS LIABLE:
1. Uttering fictitious or falsifying wireless,
telegraph or telephone message 1. Physician or surgeon who, in connection
Requisites: with the practice of his profession, issued
a false certificate (note: such certificate
1) That the offender is an officer or
must refer to the illness or injury of a
employee of the government or an officer
person)
or employee of a private corporation,
2. Public officer who issued a false
engaged in the service of sending or
certificate of merit of service, good
conduct or similar circumstances
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3. Private individual who falsified a Section 1 Usurpation of authority, rank, title, and
certificate under (1) and (2) improper use of names, uniforms and insignia

Art. 177. Usurpation of authority or official


Art. 175. Using false certificates The penalty of
functions Any person who shall knowingly and
arresto menor shall be imposed upon any one who
falsely represent himself to be an officer, agent or
shall knowingly use any of the false certificates
representative of any department or agency of the
mentioned in the next preceding article.
Philippine Government or of any foreign government,
ELEMENTS: or who, under pretense of official position, shall
1. That a physician or surgeon has issued a perform any act pertaining to any person in authority
false medical certificate, or a public officer or public officer of the Philippine Government or any
has issued a false certificate of merit or foreign government, or any agency thereof, without
being lawfully entitled to do so, shall suffer the penalty
service, good conduct, or similar of prision correccional in its minimum and medium
circumstances, or a private person had periods.
falsified any of said certificates. 2 WAYS OF COMMITTING THE CRIME:
2. That the offender knew that the certificate 1. By knowingly and falsely representing
was false. oneself to be an officer, agent or
3. That he used the same. representative of any department or
agency of the Philippine govt or any
Section 6 Manufacturing, importing and foreign govt.
possession of instruments or implements intended
for the commission of falsification 2. By performing an act pertaining to any
person in authority or public officer of the
Art. 176. Manufacturing and possession of Phil govt or foreign govt under the
instruments or implements for falsification The pretense of such official position, and
penalty of prision correccional in its medium and without being lawfully entitled to do so.
maximum periods and a fine not to exceed P10,000
pesos shall be imposed upon any person who shall
make or introduce into the Philippine Islands any In usurpation of authority: The mere act of
stamps, dies, marks, or other instruments or knowingly and falsely representing oneself
implements intended to be used in the commission of is sufficient. Not necessary that he performs
the offenses of counterfeiting or falsification an act pertaining to a public officer.
mentioned in the preceding sections of this Chapter.
In usurpation of official functions: It is
Any person who, with the intention of using them, essential that the offender should have
shall have in his possession any of the instruments or performed an act pertaining to a person in
implements mentioned in the preceding paragraphs, authority
shall suffer the penalty next lower in degree than that
provided therein. A public officer may also be an offender
ACTS PUNISHABLE: The act performed without being lawfully
1. Making or introducing into the Philippines entitled to do so must pertain:
any stamps, dies or marks or other a. to the govt
instruments or implements for b. to any person in authority
counterfeiting or falsification c. to any public office
2. Possessing with intent to use the
instruments or implements for Art. 178. Using fictitious name and concealing
true name The penalty of arresto mayor and a fine
counterfeiting or falsification made in or not to exceed 500 pesos shall be imposed upon any
introduced into the Philippines by another person who shall publicly use a fictitious name for the
person purpose of concealing a crime, evading the execution
of a judgment or causing damage.
The implement confiscated need not form a
complete set Any person who conceals his true name and other
personal circumstances shall be punished by arresto
Constructive possession is also punished menor or a fine not to exceed 200 pesos.
ELEMENTS (using fictitious name) :
CHAPTER 2: OTHER FALSIFICATIONS

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1. That the offender uses a name other than reclusion temporal or reclusion perpetua;
his real name. 3. The penalty of prision correccional, if the
defendant shall have been sentenced to any
2. That he uses that fictitious name publicly. other afflictive penalty; and
3. That the purpose of the offender is 4. The penalty of arresto mayor, if the
a. To conceal a crime, defendant shall have been sentenced to a
b. To evade the execution of a judgment, correctional penalty or a fine, or shall have
been acquitted.
or In cases provided in subdivisions 3 and 4 of this
c. To cause damage to public interest. article the offender shall further suffer a fine not to
(ex. Signing fictitious name for a passport) exceed 1,000 pesos.
ELEMENTS:
ELEMENTS (concealing true name): 1. That there be a criminal proceeding.
1. That the offender conceals 2. That the offender testifies falsely under
2. His true name, and oath against the defendant therein.
3. All other personal circumstances. 3. That the offender who gives false
a. That the purpose is only to conceal testimony knows that it is false.
his identity. 4. That the defendant against whom the
Use of Fictitious Name Concealing True false testimony is given is either acquitted
(178) Name (178) or convinced in a final judgment
Element of publicity must Publicity not necessary (prescriptive period starts at this point)
be present
Purpose is to conceal a Purpose is to conceal Requires criminal intent, cant be committed
crime, to evade the identity
through negligence. Need not impute guilt
execution of a judgement,
or to cause damage
upon the accused
The defendant must at least be sentenced
Art. 179. Illegal use of uniforms or insignia The
to a correctional penalty or a fine or must
penalty of arresto mayor shall be imposed upon any have been acquitted
person who shall publicly and improperly make use of The witness who gave false testimony is
insignia, uniforms or dress pertaining to an office not liable even if the court did not consider his
held by such person or to a class of persons of which
he is not a member.
testimony
ELEMENTS: Penalty is dependent upon sentence
1. That the offender makes use of insignia, imposed on the defendant
uniform or dress.
Art. 181. False testimony favorable to the
2. That the insignia, uniform or dress defendants Any person who shall give false
pertains to an office not held by the testimony in favor of the defendant in a criminal case,
offender or to a class of persons of which shall suffer the penalties of arresto mayor in its
he is not a member. maximum period to prision correccional in its
minimum period a fine not to exceed 1,000 pesos, if
3. That said insignia, uniform or dress is
the prosecution is for a felony punishable by an
used publicly and improperly. afflictive penalty, and the penalty of arresto mayor in
any other case.
an exact imitation of the dress or uniform is
unnecessary False testimony by negative statement is in
favor of the defendant
Section 2 False testimony False testimony need not in fact benefit the
defendant
Art. 180. False testimony against a defendant
Any person who shall give false testimony against the A statement of a mere opinion is not
defendant in any criminal case shall suffer: punishable
1. The penalty of reclusion temporal, if the Conviction or acquittal is not necessary
defendant in said case shall have been (final judgement is not necessary). The
sentenced to death;
2. The penalty of prision mayor, if the false testimony need not influence the
defendant shall have been sentenced to acquittal
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A defendant who voluntarily goes up on the 1. That an accused made a statement under
witness stand and falsely imputes the oath or made an affidavit upon a material
offense to another person the commission matter.
of the offense is liable under this article. If 2. That the statement or affidavit was made
he merely denies the commission of the before a competent officer, authorized to
offense, he is not liable. receive and administer oath.
Basis of penalty: gravity of the felony 3. That in that statement or affidavit, the
charged against the defendant accused made a willful and deliberate
assertion of a falsehood, and
Art. 182. False testimony in civil cases Any 4. That the sworn statement or affidavit
person found guilty of false testimony in a civil case containing the falsity is required by law.
shall suffer the penalty of prision correccional in its
minimum period and a fine not to exceed 6,000
pesos, if the amount in controversy shall exceed 2 WAYS OF COMMITTING PERJURY:
5,000 pesos, and the penalty of arresto mayor in its 1. by falsely testifying under oath
maximum period to prision correccional in its 2. by making a false statement
minimum period and a fine not to exceed 1,000
pesos, if the amount in controversy shall not exceed
said amount or cannot be estimated. Subornation of perjury: procures another to
ELEMENTS: swear falsely. Solemn affirmation: refers to
1. That the testimony must be given in a civil non-judicial proceedings and affidavits
case. A false affidavit to a criminal complaint may
2. That the testimony must relate to the give rise to perjury
issues presented in said case. A matter is material when it is directed to
3. That the testimony must be false. prove a fact in issue
4. That the false testimony must be given by A competent person authorized to
the defendant knowing the same to be administer an oath means a person who
false. has a right to inquire into the questions
5. That the testimony must be malicious and presented to him upon matters under his
given with an intent to affect the issues jurisdiction
presented in the said case There is no perjury through negligence or
imprudence since the assertion of falsehood
Not applicable when testimony given in a must be willful and deliberate
special proceeding (in this case, the crime is Even if there is no law requiring the
perjury) statement to be made under oath, as long
Basis of penalty: amount involved in the civil as it is made for a legal purpose, it is
case sufficient
Perjury is an offense which covers false
Art. 183. False testimony in other cases and oaths other than those taken in the course
perjury in solemn affirmation The penalty of of judicial proceedings
arresto mayor in its maximum period to prision
correccional in its minimum period shall be imposed False testimony before the justice of the
upon any person, who knowingly makes untruthful peace during the P.I. may give rise to the
statements and not being included in the provisions of crime of perjury because false testimony in
the next preceding articles, shall testify under oath, or judicial proceedings contemplates an actual
make an affidavit, upon any material matter before a trial where a judgment of conviction or
competent person authorized to administer an oath in
cases in which the law so requires. acquittal is rendered
A person who knowingly and willfully
Any person who, in case of a solemn affirmation procures another to swear falsely commits
made in lieu of an oath, shall commit any of the subornation of perjury and the witness
falsehoods mentioned in this and the three preceding suborned does testify under circumstances
articles of this section, shall suffer the respective
penalties provided therein.
rendering him guilty of perjury.
ELEMENTS:
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The false testimony is not in a judicial ELEMENTS of attempting to cause bidders to


proceeding stay away:
1. That there be a public auction.
Art. 184. Offering false testimony in evidence 2. That the accused attempted to cause the
Any person who shall knowingly offer in evidence a bidders to stay away from that public
false witness or testimony in any judicial or official auction
proceeding shall be punished as guilty of false
testimony and shall suffer the respective penalties
3. That it was done by threats, gifts,
provided in this section. promises, or any other artifice.
ELEMENTS: 4. That the accused had the intent to cause
1. That the offender offered in evidence a the reduction of the price of the thing
false witness or false testimony. auctioned.
2. That he knew the witness or the
testimony was false. Art. 186. Monopolies and combinations in
restraint of trade The penalty of prision
3. That the offer was made in a judicial or correccional in its minimum period or a fine ranging
official proceeding. from 200 to 6,000 pesos, or both, shall be imposed
upon:
Article applies when the offender without 1. Any person who shall enter into any contract or
agreement or shall take part in any conspiracy or
inducing another, but knowing him to be a combination in the form of a trust or otherwise, in
false witness, presented him and the latter restraint of trade or commerce or to prevent by
testified falsely in a judicial or official artificial means free competition in the market;
proceeding 2. Any person who shall monopolize any
merchandise or object of trade or commerce, or
The false witness need not be convicted of shall combine with any other person or persons
false testimony. The mere offer is sufficient. to monopolize and merchandise or object in order
to alter the price thereof by spreading false
CHAPTER 3: FRAUD rumors or making use of any other article to
restrain free competition in the market;
Section 1 Machinations, monopolies and 3. Any person who, being a manufacturer, producer,
combinations or processor of any merchandise or object of
commerce or an importer of any merchandise or
Art. 185. Machinations in public auctions Any object of commerce from any foreign country,
person who shall solicit any gift or promise as a either as principal or agent, wholesaler or retailer,
consideration for refraining from taking part in any shall combine, conspire or agree in any manner
public auction, and any person who shall attempt to with any person likewise engaged in the
cause bidders to stay away from an auction by manufacture, production, processing, assembling
threats, gifts, promises, or any other artifice, with or importation of such merchandise or object of
intent to cause the reduction of the price of the thing commerce or with any other persons not so
auctioned, shall suffer the penalty of prision similarly engaged for the purpose of making
correccional in its minimum period and a fine ranging transactions prejudicial to lawful commerce, or of
from 10 to 50 per centum of the value of the thing increasing the market price in any part of the
auctioned. Philippines, of any such merchandise or object of
commerce manufactured, produced, processed,
ELEMENTS of machinations in public assembled in or imported into the Philippines, or
auction: of any article in the manufacture of which such
1. That there be a public auction. manufactured, produced, or imported
2. That the accused solicited any gift or a merchandise or object of commerce is used.
promise from any of the bidders.
If the offense mentioned in this article affects any food
3. That such gifts or promise was the substance, motor fuel or lubricants, or other articles of
consideration for his refraining from taking prime necessity, the penalty shall be that of prision
part in that public auction. mayor in its maximum and medium periods it being
4. That the accused had the intent to cause sufficient for the imposition thereof that the initial
steps have been taken toward carrying out the
the reduction of the price of the thing purposes of the combination.
auctioned.
Any property possessed under any contract or by any
combination mentioned in the preceding paragraphs,

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and being the subject thereof, shall be forfeited to the 1. to make transactions prejudicial to lawful
Government of the Philippines. commerce
Whenever any of the offenses described above is 2. to increase the market price of any
committed by a corporation or association, the merchandise or object of commerce
president and each one of its agents or manufactured, produced, processed,
representatives in the Philippines in case of a foreign assembled or imported into the Phil
corporation or association, who shall have knowingly
permitted or failed to prevent the commission of such
offense, shall be held liable as principals thereof. ALSO LIABLE AS PRINCIPALS:
ACTS PUNISHED: 1. corporation/association
1. Combination to prevent free competition 2. agent/representative
in the market 3. director/manager who willingly
2. By entering into a contract or agreement permitted or failed to prevent commission
or taking part in any conspiracy or of above offense
combination in the form of a trust or
otherwise, in restraint of trade or AGGRAVATED IF ITEMS ARE:
commerce or prevent by artificial means 1. food substance
free competition in the market (It is 2. motor fuel or lubricants
enough that initial steps are taken. It is 3. goods of prime necessity
not necessary that there be actual
Section 2 Frauds in commerce and industry
restraint of trade)
3. Monopoly to restrain free competition in
Art. 187. Importation and disposition of falsely
the market marked articles or merchandise made of gold,
- By monopolizing any merchandise or silver, or other precious metals or their alloy
object of trade or commerce, by The penalty of prision correccional or a fine ranging
combining with any person or persons from 200 to 1,000 pesos, or both, shall be imposed on
any person who shall knowingly import or sell or
to monopolize said merchandise or dispose of any article or merchandise made of gold,
object in order to alter the prices silver, or other precious metals, or their alloys, with
thereof by spreading false rumors or stamps, brands, or marks which fail to indicate the
making use of any other artifice to actual fineness or quality of said metals or alloys.
restrain free competition in the market
Any stamp, brand, label, or mark shall be deemed to
4. Manufacturer, producer or processor or fail to indicate the actual fineness of the article on
importer combining, conspiring or which it is engraved, printed, stamped, labeled or
agreeing with any person to make attached, when the rest of the article shows that the
transactions prejudicial to lawful quality or fineness thereof is less by more than one-
half karat, if made of gold, and less by more than four
commerce or to increase the market price one-thousandth, if made of silver, than what is shown
of the merchandise. by said stamp, brand, label or mark. But in case of
watch cases and flatware made of gold, the actual
PERSON/S LIABLE: fineness of such gold shall not be less by more than
three one-thousandth than the fineness indicated by
1. manufacturer said stamp, brand, label, or mark.
2. producer ELEMENTS:
3. processor
1. That the offender imports, sells or
4. importer
disposes of any of those articles or
merchandise.
CRIME IS COMMITTED BY:
2. That the stamps, brands, or marks or
1. combining
those articles or merchandise fails to
2. conspiring
indicate the actual fineness or quality of
3. agreeing with another person
said metals or alloys.
3. That the offender knows that the said
THE PURPOSE IS:
stamp, brand, or mark fails to indicate the

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actual fineness or quality of the metals or 3. By using or substituting the service mark
alloys. of some other person, or a colorable
imitation of such marks, in the sale or
Art. 188. Subsisting and altering trade-mark, advertising of services
trade-names, or service marks The penalty of 4. By printing, lithographing or reproducing
prision correccional in its minimum period or a fine
ranging from 50 to 2,000 pesos, or both, shall be t/n, t/m or service mark of one person, or
imposed upon: a colorable limitation thereof, to enable
1. Any person who shall substitute the trade name another person to fraudulently use the
or trade-mark of some other manufacturer or same, knowing the fraudulent purpose for
dealer or a colorable imitation thereof, for the
trademark of the real manufacturer or dealer
which it is to be used.
upon any article of commerce and shall sell the
same; Art. 189. Unfair competition, fraudulent
2. Any person who shall sell such articles of registration of trade-mark, trade-name or service
commerce or offer the same for sale, knowing mark, fraudulent designation of origin, and false
that the trade-name or trade- mark has been description The penalty provided in the next
fraudulently used in such goods as described in proceeding article shall be imposed upon:
the preceding subdivision; 1. Any person who, in unfair competition and for the
3. Any person who, in the sale or advertising of his purposes of deceiving or defrauding another of
services, shall use or substitute the service mark his legitimate trade or the public in general, shall
of some other person, or a colorable imitation of sell his goods giving them the general
such mark; or appearance of goods of another manufacturer or
4. Any person who, knowing the purpose for which dealer, either as to the goods themselves, or in
the trade-name, trade-mark, or service mark of a the wrapping of the packages in which they are
person is to be used, prints, lithographs, or in any contained or the device or words thereon or in
way reproduces such trade-name, trade-mark, or any other features of their appearance which
service mark, or a colorable imitation thereof, for would be likely to induce the public to believe that
another person, to enable that other person to the goods offered are those of a manufacturer or
fraudulently use such trade-name, trade-mark, or dealer other than the actual manufacturer or
service mark on his own goods or in connection dealer or shall give other persons a chance or
with the sale or advertising of his services. opportunity to do the same with a like purpose.
2. Any person who shall affix, apply, annex or use in
A trade-name or trade-mark as herein used is a word connection with any goods or services or any
or words, name, title, symbol, emblem, sign or device, container or containers for goods a false
or any combination thereof used as an advertisement, designation of origin or any false description or
sign, label, poster, or otherwise, for the purpose of representation and shall sell such goods or
enabling the public to distinguish the business of the services.
person who owns and uses said trade-name or trade- 3. Any person who by means of false or fraudulent
mark. representation or declarations orally or in writing
or by other fraudulent means shall procure from
A service mark as herein used is a mark used in the the patent office or from any other office which
sale or advertising of services to identify the services may hereafter be established by law for the
of one person and distinguish them from the services purposes the registration of a trade-name, trade-
of others and includes without limitation the marks, mark or service mark or of himself as the owner
names, symbols, titles, designations, slogans, of such trade-name, trade-mark or service mark
character names, and distinctive features of radio or or an entry respecting a trade-name, trade-mark
other advertising. or service mark.
ACTS PUNISHABLE: ACTS PUNISHED:
1. By (a) substituting the trade name (t/n) or 1. Unfair competition by selling his goods,
trademark (t/m) of some other giving them the general appearance of
manufacturer or dealer or a colorable the goods of another manufacturer or
imitation thereof, for the t/n or t/m of the dealer
real manufacturer or dealer upon any 2. Fraudulent designation of origin; false
article of commerce and (b) selling the description by (a) affixing to his goods or
same. using in connection with his services a
2. By selling or by offering for sale such false designation of origin; or any false
article of commerce, knowing that the t/n description or representation, and (b)
or t/m has been fraudulently used selling such goods or services
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3. Fraudulent registration by procuring whether used as reefers, resin, extract, tincture or in


fraudulently from the patent office the any other form whatsoever.
registration of t/m, t/m or service mark. By narcotic drug is meant a drug that produces a
condition of insensibility and melancholy dullness of
ELEMENTS: mind with delusions and may be habit-forming.
1. That the offender gives his goods the
2. Anyone who shall maintain a dive or resort where
general appearance of the goods of any prohibited drug is used in any form, in
another manufacturer or dealer violation of the law.
2. That the general appearance is shown in
the (a) goods themselves, or in the (b) Art. 191. Keeper, watchman and visitor of opium
wrapping of their packages, or in the (c) den The penalty of arresto mayor and a fine
ranging from 100 to 300 pesos shall be imposed
device or words therein, or in (d) any upon:
other feature of their appearance 1. Anyone who shall act as a keeper or watchman
3. That the offender offers to sell or sells of a dive or resort where any prohibited drug is
those goods or gives other persons a used in any manner contrary to law; and
2. Any person who, not being included in the
chance or opportunity to do the same with provisions of the next preceding article, shall
a like purpose. knowingly visit any dive or resort of the character
4. That there is actual intent to deceive the referred to above.
public or defraud a competitor.
Art. 192. Importation and sale of prohibited drugs
The penalty of prision correccional in its medium
TITLE FIVE and maximum periods and a fine ranging from 300 to
CRIMES RELATED TO OPIUM AND 10,000 pesos shall be imposed upon any person who
OTHER PROHIBITED DRUGS (190-194) shall import or bring into the Philippine Islands any
prohibited drug.
Art. 190. Possession, preparation and use of
prohibited drugs and maintenance of opium dens The same penalty shall be imposed upon any person
The penalty of arresto mayor in its medium period who shall unlawfully sell or deliver to another
to prision correccional in its minimum period and a prohibited drug.
fine ranging from 300 to 1,000 pesos shall be
imposed upon: Art. 193. Illegal possession of opium pipe or other
1. Anyone who unless lawfully authorized shall paraphernalia for the use of any prohibited drug
possess, prepare, administer, or otherwise use The penalty of arresto mayor and a fine not
any prohibited drug. exceeding 500 pesos shall be imposed upon any
person who, not being authorized by law, shall
"Prohibited drug," as used herein includes opium, possess any opium pipe or other paraphernalia for
cocaine, alpha and beta eucaine, Indian hemp, their smoking, injecting, administering or using opium or
derivatives, and all preparations made from them or any prohibited drug.
any of them, and such other drugs, whether natural or
synthetic, having physiological action as a narcotic The illegal possession of an opium pipe or other
drug. paraphernalia for using any other prohibited drug shall
be prima facie evidence that its possessor has used
"Opium" embraces every kind, class, and character of said drug.
opium, whether crude or prepared; the ashes on
refuse of the same; narcotic preparations thereof or Art. 194. Prescribing opium unnecessary for a
therefrom; morphine or any alkaloid of opium, patient The penalty of prision correccional or a fine
preparation in which opium, morphine or any kind of ranging from 300 to 10,000 pesos, or both shall be
opium, enter as an ingredient, and also opium leaves imposed upon any physician or dentist who shall
or wrappings of opium leaves, whether prepared or prescribe opium for any person whose physical
not for their use. condition does not require the use of the same.

"Indian hemp" otherwise known as marijuana, THE DANGEROUS DRUGS ACT OF 1972
cannabis, Americana, hashish, bhang, guaza, (RA No. 6425, as amended)
churruz, and ganjah embraces every kind, class and
character of Indian hemp, whether dried or fresh,
I. Acts punishable:
flowering or fruiting tops of the pistillate plant 1. importation of prohibited drugs
cannabis satival, from which the resin has not been
extracted, including all other geographic varieties
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2. sale, administration, delivery, unless the owner thereof can prove that
distribution and transportation of he did not know of such cultivation or
prohibited drugs culture despite the exercise of due
3. maintenance of a den, dive or resort diligence on his part.
for prohibited drug users Qualifying Circumstance if the land
4. being employees or visitors of drug involved is part of the public domain, the
den maximum of the penalty herein provided
5. manufacture of prohibited drugs shall be imposed.
6. possession or use B. Failure to keep records of prescription,
7. cultivation of plants sales, purchases, acquisitions and/or
8. failure to comply with provisions deliveries of prohibited/regulated drugs
relative to keeping of records of PERSONS LIABLE: Pharmacist, Physician,
prescription Dentist, Veterinarian, Manufacturer,
9. unnecessary prescription Wholesaler, Importer, Distributor, Dealer,
10. possession of opium pipe and other Retailer
paraphernalia C. Unlawful prescription of
11. Importation, sale, etc. of regulated prohibited/regulated drugs
drugs D. Unnecessary prescription of
prohibited/regulated drugs
Importation of prohibited/regulated drugs. PERSONS LIABLE: Physician or dentist who
Sale, administration, delivery, distribution shall prescribe any prohibited/regulated drug
and transaction of prohibited/regulated for any person whose physical/physiological
drugs. condition does not require the use of thereof.
E. Possession of opium pipe, equipment,
Qualifying Circumstances if the victim of apparatus or any paraphernalia fit or
the offense is a minor or should a intended for smoking, consuming,
prohibited/regulated drug involve in any administering, injecting, ingesting, or
offense under this section be the proximate otherwise using opium or any other
cause of the death of a victim thereof, the prohibited drug, shall be prima facie
maximum penalty herein shall be imposed. evidence that the possessor has smoked,
Maintenance of a den, dive, or resort consumed, administered to himself,
for prohibited/regulated drug users. injected or used a prohibited drug.
Qualifying Circumstance where a F. Attempt and conspiracy to commit the
prohibited/regulated drug is administered, following offenses:
delivered, or sold to a minor who is allowed to 1. Importation of dangerous drugs
use the same in such place, or should a 2. Sale, administration, delivery,
prohibited drug be the proximate cause of the distribution and transportation of
death of the person using the same in such dangerous drugs
den, dive or resort, the maximum of the 3. Maintenance of a den, dive or resort
penalty shall be imposed. for prohibited drugs
Manufacture of prohibited/regulated 4. Manufacture of dangerous drugs
drugs. 5. Cultivation or culture of plants which
Possession of prohibited/regulated are sources of prohibited drugs
drugs. OTHER PERSONS LIABLE:
A. Cultivation of plants which are sources of a. If the violation of the Act is committed
prohibited drugs. by a partnership, corporation,
Note: The land/portions thereof and/or association or any judicial person, the
greenhouses in which any of the said partner, president, director, or
plants is cultivated or cultured shall be manager who consents to or
confiscated and escheated to the State, knowingly tolerates such violation

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shall be held criminally liable as co- rehabilitation by the drug dependent


principal. himself or through his parent, guardian or
b. Partner, president, director, manager, relative within the 4th civil degree of
officer or stockholder, who knowingly consanguinity or affinity, in a center and
authorizes, tolerates, or consents to compliance with such conditions therefor
the use of a vehicle, vessel, or aircraft as the Dangerous Drugs Board may
as an instrument in the importation, prescribe shall exempt from criminal
sale, delivery, distribution or liability for possession or use of the
transportation of dangerous drugs, or prohibited/regulated drug.
to the use of their equipment, 2. Should the drug dependent escape from
machines or other instruments in the the center, he may submit himself for
manufacture of any dangerous drugs, confinement within 1 week from the date
if such vehicle, vessel, aircraft, of his escape, of his parent guardian or
equipment, or other instrument, is relative may, within the same period
owned or under the control and surrender him for confinement.
supervision of the partnership, 3. Upon application of the Board, the Court
corporation, association or judicial shall issue an order for recommitment if
entity to which they are affiliated. the drug dependent does not resubmit
c. Government official, employee or himself for confinement or if he is not
officer who is found guilty of planting surrendered for recommitment.
any dangerous drugs in the person or 4. If, subsequent to such recommitment, he
in the immediate vicinity of another as should escape again, he shall no longer
evidence to implicate the latter. be exempt from criminal liability for the
II. For the purpose of enforcing the use or possession of any dangerous drug.
provisions of this Act, all school heads, 5. If a person charged with an offense is
supervisors and teachers shall be found by the fiscal or by the Court at any
deemed to be persons in authority and, stage of the proceedings, to be a drug
as such, are vested with the power to dependent, the fiscal or court as the case
apprehend, arrest, or cause the may be, shall suspend all further
apprehension or arrest of any person who proceedings and transmit records of the
shall violate any of the said provision. case to the Board.
NOTE: They shall be considered as 6. After his rehabilitation, he shall be
persons in authority id they are in the prosecuted for such violation. In case of
school or within its immediate vicinity, or conviction, the judgement shall, if the
beyond such immediate vicinity of they accused is certified by the treatment and
are in attendance in any school or class rehabilitation center to have maintained
function in their official capacity as school good behavior, indicate that he shall be
heads, supervisors or teachers. given full credit for the period he was
Any teacher or school employee who confined in the center.
discovers or finds that any person in the
school or within its immediate vicinity is NOTE: When the offense is possession or
violating this Act shall have the duty to use of dangerous drugs and the accused is
report the violation to the school head or not a recidivist, the penalty thereof shall be
supervisor who shall, in turn, report the deemed to have been served in the center
matter to the proper authorities. Failure to upon his release therefrom.
report in either case shall, after hearing,
constitute sufficient cause for disciplinary 7. The period of prescription of the offense
action. (Sec. 28) charged shall not run during the time that
III. Rules: the respondent/accused is under
1. Voluntary submission of a drug detention or confinement in a center.
dependent to confinement, treatment and
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8. Requisites of suspension of sentence for conspiracy to sell, deliver, import already a


first offense in a minor: crime under Article 8
a) If accused is a minor (under 18 years f) Buy Bust Operation no law or rule to
of age at the time of the commission require policemen to adopt a uniform way
of the offense but not more than 21 of identifying BUY MONEY (P v. Abedes)
years of age when the judgement g) Absence of ultraviolet power is not fatal in
should have been promulgated. the prosecution
b) He has not been previously convicted h) Transportation/importation of MJ
of violating any provision of this Act or immaterial whether there may or may not
of the RPC or placed on probation. be a distinction for the MJ
Sentence shall be deferred and the i) Distinguish Entrapment and
accused shall be placed on probation Instigation:
under the supervision of the Board. 1. If prosecution can prove the crime
In case of violation of conditions of without presenting the informer or
pardon, court shall pronounce judgement asset not necessary because their
of conviction and he shall serve sentence. testimonies are merely corroborative.
If accused did not violate conditions of Poseur buyer it depends on whether
probation, case shall be dismissed upon the prosecution can prove the crime
expiration of the designated period. without their testimonies (P v.
NOTES: Rosalinda Ramos)
a) Cultivation of plants Sec 9 land, 2. Under the RA, special aggravating
portions of land, greenhouse on which circumstance if a crime has been
any of the plants is cultivated committed while the accused was
confiscated and escheated to the State. high on drugs (P v. Anthony Belgar)
UNLESS: owner can prove that he had no 3. Delivery or Sale of Prohibited Drugs
knowledge of the cultivation despite due the accused must be aware that what
diligence he is selling or delivering was
b) If land is part of the public domain prohibited drug. But the moment the
maximum penalty imposed fact of sale or delivery is proved by
c) Possession of opium pipe and other prosecution, the burden to prove that
paraphernalia prima facie evidence that the accused is not aware that drugs
the possessor has smoked, consumed, are prohibited falls on the defense (P
administered himself, used prohibited v. Aranda)
drugs 4. P v. Angelito Manalo burden of
d) Drug penalties of Reclusion Perpetua to proving the authority to possess
Death or a fine of Php 500,000 to 10M shabu is a matter of defense
apply when: 5. P v. Hilario Moscaling court may
Opium 40 grams up take judicial notice of the word
Morphine 40 grams up shabu
Shabu 200 grams up 6. Criminal liabilities of a policeman who
Heroin 40 grams up sold the drugs confiscated from a
Indian hemp 750 grams up
MJ resin 50 grams up
pusher: violation of RA 6425 and
Cocaine 40 grams up malversation under RPC.
Other drugs Quantity far beyond j) Planting evidence to implicate another
therapeutic reqt k) Buy Bust Operation form of entrapment
(if quantity is less than prescribed penalty is (P v. Alberto) not necessary to have
PC to RP depending upon the quantity) prior police surveillance (P v. Carlos
e) RA 7659 PD 1619 Possession and Franca)
Use of Volatile Substances l) Possession constructive or actual not
mere attempt to sell, import already a crime necessary to adduce the marked money
under Article 6 as evidence (P v. Romeo Macara)
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m) Separate crimes sale/possession of MT directly, or indirectly take part in any game of


found in his possession after he was monte, jueteng or any other form of lottery,
policy, banking, or percentage game, dog races,
frisked but he cant be convicted for or any other game of scheme the result of which
possession of MJ that he sold depends wholly or chiefly upon chance or hazard;
n) If victim is minor or drug is proximate or wherein wagers consisting of money, articles
cause of death max penalty is imposed of value or representative of value are made; or
in the exploitation or use of any other mechanical
under Sec 4, 5, 15, 15-a invention or contrivance to determine by chance
1. If imposable penalty: RP to death no the loser or winner of money or any object or
plea bargaining representative of value.
2. If offender: government official, 2. Any person who shall knowingly permit any form
employees, officers or found guilty of of gambling referred to in the preceding
subdivision to be carried on in any unhabited or
planting evidences same penalty uninhabited place of any building, vessel or other
3. First offense of a minor suspension means of transportation owned or controlled by
of sentence him. If the place where gambling is carried on
has the reputation of a gambling place or that
prohibited gambling is frequently carried on
under 18 at time of commission but not therein, the culprit shall be punished by the
more than 21 at time when judgment was penalty provided for in this article in its maximum
promulgated period.
found guilty of possession or use of
(b) The penalty of prision correccional in its maximum
prohibited or regulated drugs degree shall be imposed upon the maintainer,
not been previously convicted of violating conductor, or banker in a game of jueteng or any
any provision of this Act or the RPC similar game.
not been placed on probation (c) The penalty of prision correccional in its medium
degree shall be imposed upon any person who shall,
defer sentence, place on probation for 6 knowingly and without lawful purpose, have in his
months to 1 year possession and lottery list, paper or other matter
violation of probation pronounce containing letters, figures, signs or symbols which
sentence convict and serve sentence pertain to or are in any manner used in the game of
jueteng or any similar game which has taken place or
no violation discharge him and dismiss about to take place.
the proceeding
if minor is drug dependent commit to a Art. 196. Importation, sale and possession of
center for treatment and rehabilitation lottery tickets or advertisements The penalty of
arresto mayor in its maximum period to prision
correccional in its minimum period or a fine ranging
TITLE SIX from 200 to 2,000 pesos, or both, in the discretion of
CRIMES AGAINST PUBLIC MORALS the court, shall be imposed upon any person who
shall import into the Philippine Islands from any
foreign place or port any lottery ticket or
CHAPTER 1: GAMBLING AND BETTING
advertisement or, in connivance with the importer,
shall sell or distribute the same.
GAMBLING (195-99 repealed by PDs 449,
483 and 1602 as amended) Any person who shall knowingly and with intent to use
1. Illegal cockfighting (PD 449) them, have in his possession lottery tickets or
advertisements, or shall sell or distribute the same
2. Betting, game-fixing or point shaving and without connivance with the importer of the same,
machinations in sports contests (PD 438) shall be punished by arresto menor, or a fine not
3. Illegal gambling exceeding 200 pesos, or both, in the discretion of the
court.
Art. 195. What acts are punishable in gambling
(a) The penalty of arresto mayor or a fine not The possession of any lottery ticket or advertisement
exceeding two hundred pesos, and, in case of shall be prima facie evidence of an intent to sell,
recidivism, the penalty of arresto mayor or a fine distribute or use the same in the Philippine Islands.
ranging from two hundred or six thousand pesos,
shall be imposed upon: Art. 197. Betting in sports contests The penalty
1. Any person other than those referred to in of arresto menor or a fine not exceeding 200 pesos,
subsections (b) and (c) who, in any manner shall or both, shall be imposed upon any person who shall
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bet money or any object or article of value or both, in the discretion of the court, shall be imposed
representative of value upon the result of any boxing upon:
or other sports contests. 1. Any person who directly or indirectly participates
in cockfights, by betting money or other valuable
Art. 198. Illegal betting on horse race The things, or who organizes cockfights at which bets
penalty of arresto menor or a fine not exceeding 200 are made, on a day other than those permitted by
pesos, or both, shall be imposed upon any person law.
who except during the period allowed by law, shall be 2. Any person who directly or indirectly participates
on horse races. The penalty of arresto mayor or a fine in cockfights, at a place other than a licensed
ranging from 200 to 2,000 pesos, or both, shall be cockpit.
imposed upon any person who, under the same
circumstances, shall maintain or employ a totalizer or COCKFIGHTING LAW OF 1974
other device or scheme for betting on horse races or
realizing any profit therefrom. PD 449
1. Scope This law shall govern the
For the purposes of this article, any race held in the establishment, operation, maintenance
same day at the same place shall be held punishable and ownership of cockpits.
as a separate offense, and if the same be committed
by any partnership, corporation or association, the 2. Rules:
president and the directors or managers thereof shall 1) Only Filipino citizens not otherwise
be deemed to be principals in the offense if they have inhibited by existing laws shall be
consented to or knowingly tolerated its commission. allowed to own, manage and operated
cockpits.
PENALIZING BETTING, GAME-FIXING OR 2) Only one cockpit shall be allowed in
POINT-SHAVING AND each city or municipality with a
MACHINATIONS IN SPORTS CONTESTS population of 100,000 or less.
PD 483 3) Cockpits shall be constructed and
ACTS PUNISHABLE: operated within the appropriate areas
1. Betting: Betting money or any object or as prescribed in the Zoning Law or
article of value of representative value ordinance.
upon the result of any game, races and 4) When allowed:
other sports contests. a. Cockfighting shall be allowed only in
2. Game-fixing: any arrangement, licensed cockpits during Sundays and
combination, scheme or agreement by legal holidays and during local fiestas
which the result of any game, races, or for not more than 3 days; or
sports contests shall be predicated and/or b. During provincial, city or municipal,
known other than on the basis of the agricultural, commercial or industrial
honest playing skill or ability of the fair, carnival or exposition for a similar
players or participants. period of 3 days upon resolution of the
3. Point-shaving: any such arrangement province, city or municipality where
combination, scheme or agreement by such fair, carnival or exposition is to
which the skill or ability of any player or be held, subject to the approval of the
participant in a fame, races, or sports Chief of Constabulary or his
contests to make points of scores shall be authorized representative.
limited deliberately in order to influence 3. Limitations:
the result thereof in favor of one or other a. No cockfighting on the occasion of
team, player or participant. such fair, carnival or exposition shall
4. Game Machination: any other fraudulent, be allowed within the month of the
deceitful, unfair or dishonest means, local fiesta or for more than 2
method, manner or practice employed for occasions a year in the same city of
the purpose of influencing the result of municipality.
any game, races or sports contest. b. No cockfighting shall be held on
December 30, June 12,November 30,
Art. 199. Illegal cockfighting The penalty of Holy Thursday, Good Friday, Election
arresto menor or a fine not exceeding 200 pesos, or
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Day and during registration days for give rise to public scandal to persons who
such election/referendum. have accidentally witnessed the acts
Decency: means properly observing the
If the purpose is for the entertainment of requirements of modesty, good taste etc
foreign dignitaries or for tourists, or for Customs: refers to established usage,
returning balikbayans, or for the support social conventions carried on by tradition
of national fund-raising campaigns for and enforced by social disapproval in
charitable purposes as may be authorized case of violation
by the Office of the President upon If the acts complained of are punishable
resolution of a provincial board, city or under another provision of the RPC, Art
municipal council, in licensed cockpits or 200 is not applicable
in playgrounds or parks. The essence of grave scandal is publicity
Limitations: This privilege shall be extended and that the acts committed are not only
for only one time, for a period not exceeding contrary to morals and good customs but
3 days, within a year to a province, city or must likewise be of such character as to
municipality. cause public scandal to those witnessing
a. No gambling of any kind shall be it.
permitted on the premises of the
cockpit or place of cockfighting during Art. 201. Immoral doctrines, obscene publications
cockfights. and exhibitions and indecent shows The penalty
b. City or municipal mayors are of prision mayor or a fine ranging from six thousand to
twelve thousand pesos, or both such imprisonment
authorized to issue licenses for the and fine, shall be imposed upon:
operation and maintenance of 1. Those who shall publicly expound or
cockpits. proclaim doctrines openly contrary to public
morals;
2. (a) the authors of obscene literature,
CHAPTER 2: OFFENSES AGAINST DECENCY published with their knowledge in any form;
AND GOOD CUSTOMS
the editors publishing such literature; and the
owners/operators of the establishment
Art. 200. Grave scandal The penalties of arresto selling the same;
mayor and public censure shall be imposed upon any (b) Those who, in theaters, fairs, cinematographs or
person who shall offend against decency or good any other place, exhibit, indecent or immoral plays,
customs by any highly scandalous conduct not scenes, acts or shows, whether live or in film, which
expressly falling within any other article of this Code. are prescribed by virtue hereof, shall include those
ELEMENTS: which (1) glorify criminals or condone crimes; (2)
1. Offender performs an act serve no other purpose but to satisfy the market for
violence, lust or pornography; (3) offend any race or
2. Act is highly scandalous as offending
religion; (4) tend to abet traffic in and use of prohibited
against decency or good customs drugs; and (5) are contrary to law, public order,
3. Highly scandalous conduct does not morals, and good customs, established policies,
expressly fall within any other article of lawful orders, decrees and edicts;
the RPC 3. Those who shall sell, give away or exhibit
films, prints, engravings, sculpture or
4. Committed in a public place or within the literature which are offensive to morals. (As
public knowledge or view. (The public amended by PD Nos. 960 and 969).
view is not required, it is sufficient if in
public place. For public knowledge, it PERSONS LIABLE:
may occur even in a private place; the 1. Those who publicly expound or proclaim
number of people who sees it is not doctrines that are contrary to public
material). morals
2. Authors of obscene literature, published
Grave scandal: consists of acts which are with their knowledge in any form
offensive to decency and good customs. 3. Editors publishing such obscene literature
They are committed publicly and thus,

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4. Owners or operators of establishments or wandering about the country or the streets


selling obscene literature without visible means of support;
3. Any idle or dissolute person who ledges in
5. Those who exhibit indecent or immoral houses of ill fame; ruffians or pimps and
plays, scenes, acts or shows ion theaters, those who habitually associate with
fairs, cinemas or any other place prostitutes;
6. Those who sell, distribute, or exhibit 4. Any person who, not being included in the
provisions of other articles of this Code, shall
prints, engraving, sculptures or literature be found loitering in any inhabited or
which are offensive to morals uninhabited place belonging to another
without any lawful or justifiable purpose;
Morals: implies conformity to generally 5. Prostitutes.
accepted standards of goodness or For the purposes of this article, women who, for
money or profit, habitually indulge in sexual
rightness in conduct or character intercourse or lascivious conduct, are deemed to be
Test of obscenity: whether the matter has prostitutes.
a tendency to deprave or corrupt the
minds of those who are open to immoral Any person found guilty of any of the offenses
covered by this articles shall be punished by arresto
influences. A matter can also be menor or a fine not exceeding 200 pesos, and in case
considered obscene if it shocks the of recidivism, by arresto mayor in its medium period to
ordinary and common sense of men as prision correccional in its minimum period or a fine
indecency. ranging from 200 to 2,000 pesos, or both, in the
discretion of the court.
However, Art 201 enumerates what are
WHO ARE CONSIDERED VAGRANTS:
considered as obscene literature or
1. Those who have no apparent means of
immoral or indecent plays, scenes or
subsistence and who have the physical
acts:
ability to work yet neglect to apply
a. those w/c glorify criminals or condone
themselves to some useful calling
crimes
2. Persons found loitering around public and
b. those w/c serve no other purpose but
semi-public places without visible means
to satisfy the market for violence, lust
of support
or pornography
3. Persons tramping or wandering around
c. those w/c offend against any race or
the country or the streets with no visible
religion
means of support
d. those w/c tend to abet the traffic in
4. Idle or dissolute persons lodging in
and the use of prohibited drugs
houses of ill-fame
e. those that are contrary to law, public
5. Ruffians or pimps and those who
order, morals, good customs,
habitually associate with prostitutes (may
established policies, lawful orders,
include even the rich)
decrees and edicts
6. Persons found loitering in inhabited or
Mere nudity in paintings and pictures is
uninhabited places belonging to others,
not obscene
without any lawful or justifiable reason
Pictures w/ a slight degree of obscenity provided the act does not fall within any
having no artistic value and intended for other article of the RPC
commercial purposes fall within this
If fenced and with Trespass to dwelling
article prohibition of entry
Publicity is an essential element If fenced and entered to Attempted theft
hunt/fish
Art. 202. Vagrants and prostitutes; penalty The
If not fenced and with no Vagrancy
following are vagrants:
1. Any person having no apparent means of prohibition of entry
subsistence, who has the physical ability to
work and who neglects to apply himself or Who are considered prostitutes refer to
herself to some lawful calling;
women who habitually indulge in sexual
2. Any person found loitering about public or
semi-public buildings or places or trampling intercourse or lascivious conduct for
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money or profit (if a man indulges in the judgment in any case submitted to him for decision,
same conduct: vagrancy) shall be punished by prision mayor and perpetual
absolute disqualification.

TITLE SEVEN
Malfeasance Doing of an act which a public officer
CRIMES COMMITTED BY PUBLIC should not have done
OFFICERS Misfeasance Improper doing of an act which a
person might lawfully do
CHAPTER 1: PRELIMINARY PROVISIONS Nonfeasance Failure of an agent to perform his
undertaking for the principal
Art. 203. Who are public officers For the purpose ELEMENTS OF KNOWINGLY RENDERING
of applying the provisions of this and the preceding AN UNJUST JUDGMENT:
titles of this book, any person who, by direct provision
of the law, popular election or appointment by
1. Offender is a judge
competent authority, shall take part in the 2. Renders a judgment in the case
performance of public functions in the Government of submitted to him for judgment
the Philippine Islands, of shall perform in said 3. Judgment is unjust
Government or in any of its branches public duties as 4. Knowledge that the decision is unjust
an employee, agent or subordinate official, of any
rank or class, shall be deemed to be a public officer.
NOTES:
WHO ARE PUBLIC OFFICERS: 1. Judgment: is a final consideration and
1. Takes part in the performance of public determination by a court of competent
functions in the Government, or jurisdiction of the issues submitted to it in
2. Performs public duties as an employee, an action or proceeding
agent or subordinate official in the govt or 2. Unjust judgment: one which is contrary to
any of its branches law, or not supported by the evidence, or
NOTES: both
1. Public officer must derive his authority 3. An unjust judgment may result from:
from: a) There must be evidence that the decision
2. direct provision of law rendered is unjust. It is not presumed
3. popular election b) Abuse of discretion or mere error of
4. appointment by competent authority judgment cannot likewise serve as basis
5. Public officers: embraces every public for rendering an unjust judgment in the
servant from the lowest to the highest absence of proof or even an allegation of
rank bad faith (motive or improper
6. A government laborer is not a public consideration).
officer. However, temporary performance 4. error (with bad faith)
by a laborer of public functions makes 5. ill-will or revenge
him a public officer 6. bribery
7. Misfeasance: means improper
Art. 205. Judgment rendered through negligence
performance of an act which might be Any judge who, by reason of inexcusable
properly be performed negligence or ignorance shall render a manifestly
8. Malfeasance: means performance of an unjust judgment in any case submitted to him for
act which ought not to be done decision shall be punished by arresto mayor and
9. Nonfeasance: means omission of an act temporary special disqualification.
which ought to be done ELEMENTS:
1. Offender is a judge
CHAPTER 2: MALFEASANCE AND 2. Renders a judgment in a case submitted
MISFEASANCE IN OFFICE to him for decision
3. Judgment is manifestly unjust
Section 1 Dereliction of duty 4. Due to inexcusable negligence or
ignorance
Art. 204. Knowingly rendering unjust judgment
Any judge who shall knowingly render an unjust

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Manifestly unjust judgment: one that is so 1. That the offender is a public officer or
contrary to law that even a person having officer of the law who has a duty to cause
meager knowledge of the law cannot the prosecution of, or to prosecute
doubt the injustice offenses.
2. That there is dereliction of the duties of
Art. 206. Unjust interlocutory order Any judge his office, that is, knowing the commission
who shall knowingly render an unjust interlocutory of the crime, he does not cause (a) the
order or decree shall suffer the penalty of arresto
mayor in its minimum period and suspension; but if he
prosecution of the criminal (People vs.
shall have acted by reason of inexcusable negligence Rosales, G.R. no. 42648) or (b) knowing
or ignorance and the interlocutory order or decree be that a crime is about to be committed he
manifestly unjust, the penalty shall be suspension. tolerates its commission (if gift/promise is
ELEMENTS: a consideration for his conduct: direct
1. That the offender is a judge. bribery)
2. That he performs any of the following 3. That the offender acts with malice and
acts: deliberate intent to favor the violator of
a. knowingly renders unjust interlocutory the law.
order or decree, or
b. renders a manifestly unjust PREVARICACION: negligence and
interlocutory order or decree through tolerance in the prosecution of an offense
inexcusable negligence or ignorance. There must be a duty on the part of the
public officer to prosecute or move for the
Interlocutory order: one issued by the prosecution of the offender. Note
court deciding a collateral or incidental however, that a fiscal is under no
matter. It is not a final determination of compulsion to file an information based
the issues of the action or proceeding upon a complaint if he is not convinced
that the evidence before him does not
Art. 207. Malicious delay in the administration of warrant filing an action in court
justice The penalty of prision correccional in its
minimum period shall be imposed upon any judge The crime must be proved first before an
guilty of malicious delay in the administration of officer can be convicted of dereliction of
justice. duty
ELEMENTS: A public officer who harbors, conceals, or
1. That the offender is a judge. assists in the escape of an offender,
2. That there is a proceeding in his court. when it is his duty to prosecute him is
3. That he delays the administration of liable as principal in the crime of
justice. dereliction of duty in the prosecution of
4. That the delay is malicious, that is, the offenses. He is not an accessory
delay is caused by the judge with Article not applicable to revenue officers
deliberate intent to inflict damage on
either party in the case. Art. 209. Betrayal of trust by an attorney or
solicitor Revelation of secrets. In addition to
Mere delay without malice is not the proper administrative action, the penalty of prision
correccional in its minimum period, or a fine ranging
punishable from 200 to 1,000 pesos, or both, shall be imposed
upon any attorney-at-law or solicitor ( procurador
Art. 208. Prosecution of offenses; negligence and judicial) who, by any malicious breach of professional
tolerance The penalty of prision correccional in its duty or of inexcusable negligence or ignorance, shall
minimum period and suspension shall be imposed prejudice his client, or reveal any of the secrets of the
upon any public officer, or officer of the law, who, in latter learned by him in his professional capacity.
dereliction of the duties of his office, shall maliciously
refrain from instituting prosecution for the punishment The same penalty shall be imposed upon an attorney-
of violators of the law, or shall tolerate the at-law or solicitor (procurador judicial) who, having
commission of offenses. undertaken the defense of a client or having received
ELEMENTS: confidential information from said client in a case,

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shall undertake the defense of the opposing party in by Batas Pambansa Blg. 872, June 10, 1985).
the same case, without the consent of his first client. ELEMENTS:
ELEMENTS (not necessarily a public officer 1. That the offender be a public officer within
although all lawyers are officers of the court): the scope of Art 203
1. Causing damage to client (prejudice is 2. That the offender accepts an offer or
essential) either promise or receives a gift or present by
a. by any malicious breach of himself or through another
professional duty, or 3. That such offer or promise be accepted or
b. by inexcusable negligence or gift/present received by the public officer
ignorance. (mere agreement consummates the
2. Revealing any of the secrets of his client crime)
learned by him in his professional a. with a view to committing some crime
capacity (damage not necessary) (delivery of consideration is not
3. Undertaking the defense of the opposing necessary) or
party of the 1st client and/or having b. in consideration of an execution if an
received confidential information from the act which does not constitute a crime,
latter and without the latters consent but the act must be unjust (delivery of
(damage not necessary) consideration is necessary), or
c. to refrain from doing something which
Section 2 - Bribery is his official duty to do
4. That the act which the offender agrees to
Art. 210. Direct bribery Any public officer who
shall agree to perform an act constituting a crime, in perform or which he executes be
connection with the performance of this official duties, connected with the performance of his
in consideration of any offer, promise, gift or present official duties
received by such officer, personally or through the
mediation of another, shall suffer the penalty of
prision mayor in its medium and maximum periods
For purposes of this article, temporary
and a fine [of not less than the value of the gift and] performance of public functions is
not less than three times the value of the gift in sufficient to constitute a person a public
addition to the penalty corresponding to the crime officer. A private person may commit this
agreed upon, if the same shall have been committed. crime only in the case in which custody of
If the gift was accepted by the officer in consideration prisoners is entrusted to him
of the execution of an act which does not constitute a Applicable also to assessors, arbitrators,
crime, and the officer executed said act, he shall appraisal and claim commissioners,
suffer the same penalty provided in the preceding experts or any other person performing
paragraph; and if said act shall not have been
accomplished, the officer shall suffer the penalties of public duties
prision correccional, in its medium period and a fine of Cannot be frustrated, only attempted or
not less than twice the value of such gift. consummated.
Bribery exists when the gift is:
If the object for which the gift was received or
promised was to make the public officer refrain from a. voluntarily offered by a private person
doing something which it was his official duty to do, b. solicited by the public officer and
he shall suffer the penalties of prision correccional in voluntarily delivered by the private
its maximum period and a fine [of not less than the person
value of the gift and] not less than three times the
value of such gift.
c. solicited by the public officer but the
private person delivers it out of fear of
In addition to the penalties provided in the preceding the consequences should the public
paragraphs, the culprit shall suffer the penalty of officer perform his functions (here the
special temporary disqualification. crime by giver is not corruption of
The provisions contained in the preceding paragraphs public officials due to involuntariness).
shall be made applicable to assessors, arbitrators, Actual receipt of the gift is not necessary.
appraisal and claim commissioners, experts or any An accepted offer or promise of a gift is
other persons performing public duties. (As amended
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sufficient. However, if the offer is not the public officer in his official capacity
accepted, only the person offering the gift has to intervene under the law.
is liable for attempted corruption of a c) Directly, or indirectly requesting or
public officer receiving any gift, present, or other
The gift must have a value or capable of pecuniary or material benefit, for himself
pecuniary estimation. It could be in the or for another, from any person for whom
form of money, property or services the public officer, in any manner of
If the act required of the public officer capacity, has secured or obtained, or will
amounts to a crime and he commits it, he secure or obtain, any Government permit
shall be liable for the penalty or license, in consideration for the held
corresponding to the crime given or to be given.
The third type of bribery and d) Accepting or having any member of his
prevaricacion (art 208) are similar family accept employment in a private
offenses, both consisting of omissions to enterprise which has pending official
do an act required to be performed. In business with him during the pendency
direct bribery however, a gift or promise is thereof or within one year after its
given in consideration of the omission. termination.
This is not necessary in prevaricacion e) Causing any undue injury to any party,
Bribery (210) Robbery (294) including the Government, or giving any
When the victim has When the victim did not private party any unwarranted benefits,
committed a crime and commit a crime and he is advantage, or preference in the discharge
gives money/gift to avoid intimidated with arrest of his official, administrative or judicial
arrest or prosecution. and/or prosecution to
deprive him of his personal function through manifest partiality,
property. evident bad faith or gross inexcusable
Victim parts with his Victim is deprived of his negligence. This provision shall apply to
money or property money or property by force officers and employees of offices or
voluntarily. or intimidation. government corporations charged with
the grant of licenses or permits or other
ANTI-GRAFT AND CORRUPT PRACTICES concessions.
ACT f) Neglecting or refusing, after due demand
RA 3019 or request, without sufficient justification,
to act within a reasonable time on any
I. PERSONS LIABLE: matter pending before him for the
1. Any public officer who shall perform any purpose of obtaining directly or indirectly,
of the following acts: from any person interested in the matter
a) Persuading, inducing or influencing some pecuniary or material benefit or
another public officer to perform an act advantage, or for the purpose of favoring
constituting a violation of rules and his own interest of giving undue
regulations duly promulgated by advantage in favor of or discriminating
competent authority or an offense in against any other interested party.
connection with the official duties of the g) Entering, on behalf of the Government,
latter, or allowing himself to be into any contract or transaction manifestly
persuaded, induced, or influenced to and grossly disadvantageous to the
commit such violation or offense. same, whether or not the public officer
b) Directly or indirectly requesting or profited or will profit thereby.
receiving any gift, present, share, h) Directly or indirectly having financial or
percentage, or benefit for himself or for pecuniary interest in any business,
any other person in connection with any contract or transaction in connection with
contract or transaction between the which he intervenes or take part in his
government and any other party wherein official capacity, or in which he is

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prohibited by the constitution or by any has been already dealing with the
law from having any interest. govt along the same line of business;
i) Directly or indirectly becoming interested, 2. Any transaction, contract or
for personal gain, or having a material application already existing or pending
interest in any transaction or act requiring at the time of such assumption of
the approval of a board, panel, or group public office;
of which he is a member, and which 3. Any application filed by him, the
exercises discretion in such approval, approval of which is not discretionary
even if he votes against the same or does on the part of the official(s) concerned
not participate in the action of the board, but depends upon compliance with
committee, panel or group. requisites provided by law, or rules or
j) Knowingly approving or granting any regulations issued pursuant to law;
license, permit, privilege, or benefit in 4. Any act lawfully performed an official
favor of any person not qualified for or not capacity or in the exercise of a
legally entitled to such license, permit, profession.
privilege, or advantage, or of a mere 5. Any member of congress, during the
representative or dummy of one who is term for which he has been elected,
not so qualified or entitled. who shall acquire or receive any
k) Divulging valuable information of a personal pecuniary interest in any
confidential character, acquired by his specific business enterprise which
office or by him on account of his official shall be directly and particularly
position to unauthorized persons, or favored or benefited by any law or
releasing such information in advance of resolution authored by him previously
its authorized release date. approved or adopted by Congress
2. Any person having family or close during his term.
personal relation with any public official 6. Any public officer who shall fail to file
who shall capitalize or exploit or take a true, detailed and sworn statement
advantage of such family or close of assets and liabilities within 30 days
personal relation by directly or indirectly after assuming office and thereafter
requesting or receiving any present, gift, on or before the 15th day of April
or material, or pecuniary advantage from following the close of every calendar
any person having some business, year, as well as upon the expiration of
transaction, application, request, or his term of office, or upon his
contact with the government in which resignation or separation from office
such public official has to intervene (Sec. (Sec. 7).
4) II. Prima Facie Evidence of and
3. Any person who shall knowingly induce or Dismissal due to unexplained Wealth
cause any public official to commit any of (Sec. 8)
the offenses under (A). (Sec. 4) If a public official has been found to have
4. Spouse or any relative, by consanguinity acquired during his incumbency, whether
or affinity, within the 3rd civil degree, of the in his name or in the name of other
president of the Philippines, the vice- persons, an amount of property and/or
president, the president of the Senate, or money manifestly out of proportion to his
speaker of the house of Representatives, salary and to his other lawful income.
who shall intervene, directly or indirectly, Properties in the name of the spouse and
in any business transaction, contract or dependents of such public official may be
application with the govt (Sec. 5). taken into consideration, when their
This prohibition shall not apply to: acquisition through legitimate means
1. Any person who, prior to the cannot be satisfactorily shown.
assumption of office of any of the
above officials to whom he is related,
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Bank deposits in the name of or officer agrees to perform or refrain from


manifestly excessive expenditures doing an act in consideration of the gift or
incurred by the public official, his spouse promise. In the latter case, it is not
or any of their dependents including but necessary that the officer do any act. It is
not limited to activities in any club or sufficient that he accepts the gift offered by
association or any ostentatious display of reason of his office
wealth including frequent travel abroad of Public officers receiving gifts and private
a non-official character by any public persons giving gifts on any occasion,
official when such activities entail including Christmas are liable under PD 46.
expenses evidently out of proportion to The criminal penalty or imprisonment is
legitimate income. distinct from the administrative penalty of
III. Competent court: All prosecutions suspension from the service
under this Act shall be within the
original jurisdiction of the ELEMENTS OF QUALIFIED BRIBERY
Sandiganbayan (Sec. 10). 1. Public officer entrusted with law
IV. Prescription of offenses: all offenses enforcement
punishable under this Act shall 2. Refrains from arresting/prosecuting
prescribe in 15 years (Sec. 11). offender for crime punishable by reclusion
V. Exceptions: Unsolicited gifts or perpetua and/or death
presents of small or insignificant value 3. (if lower penalty than stated above, the
offered or given as a mere ordinary crime is direct bribery)
token of gratitude of friendship 4. In consideration of any offer, promise or
according to local customs or usage, gift
shall be excepted from the provisions
of this act (Sec. 14). Art. 212. Corruption of public officials The same
penalties imposed upon the officer corrupted, except
those of disqualification and suspension, shall be
Art. 211. Indirect bribery The penalties of prision
imposed upon any person who shall have made the
correccional in its medium and maximum periods, and
offers or promises or given the gifts or presents as
public censure shall be imposed upon any public
described in the preceding articles.
officer who shall accept gifts offered to him by reason
of his office. (As amended by Batas Pambansa Blg. ELEMENTS:
872, June 10, 1985). 1. That the offender makes offers or
ELEMENTS: promises or gives gifts or present to a
1. That the offender is a public officer. public officer.
2. That he accepts gifts. 2. That the offers or promises are made or
3. That the said gifts are offered to him by the gifts or presents given to a public
reason of his office. officer, under circumstances that will
The gift is given in anticipation of future make the public officer liable for direct
favor from the public officer bribery or indirect bribery
There must be clear intention on the part of
the public officer to take the gift offered and The offender is the giver of the gift or the
consider the property as his own for that offeror of the promise. The act may or may
moment. Mere physical receipt not be accomplished
unaccompanied by any other sign, Under PD 749, givers of bribes and other
circumstance or act to show such gifts as well as accomplices in bribery and
acceptance is not sufficient to convict the other graft cases are immune from
officer prosecution under the following
There is no attempted or frustrated indirect circumstances:
bribery a. information refers to consummated
The principal distinction between direct and violations
indirect bribery is that in the former, the
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b. necessity of the information or or settlement of account relating to a


testimony public property or funds.
c. the information and testimony are not 4. That the accused had intent to defraud
yet in the possession of the State the government.
d. information and testimony can be
corroborated on its material points The public officer must act in his official
e. informant has been previously capacity
convicted of a crime involving moral The felony is consummated by merely
turpitude entering into an agreement with any
See the Anti-graft and Corrupt Practices Act interested party or speculator or by merely
making use of any scheme to defraud the
CHAPTER 3: FRAUDS AND ILLEGAL Government
EXTRACTIONS AND TRANSACTIONS
ELEMENTS OF ILLEGAL EXACTIONS:
Art. 213. Frauds against the public treasury and
similar offenses The penalty of prision 1. The offender is a public officer entrusted
correccional in its medium period to prision mayor in with the collection of taxes, licenses, fees
its minimum period, or a fine ranging from 200 to and other imposts.
10,000 pesos, or both, shall be imposed upon any 2. He is guilty of any of the following acts or
public officer who:
1. In his official capacity, in dealing with any
omissions:
person with regard to furnishing supplies, the a. demanding, directly or indirectly the
making of contracts, or the adjustment or payment of sums different from or
settlement of accounts relating to public larger than those authorized by law, or
property or funds, shall enter into an
b. failing voluntarily to issue a receipt, as
agreement with any interested party or
speculator or make use of any other provided by law, for any sum of
scheme, to defraud the Government; money collected by him officially, or
2. Being entrusted with the collection of taxes, c. Collecting or receiving, directly or
licenses, fees and other imposts, shall be indirectly, by way of payment or
guilty or any of the following acts or
omissions:
otherwise, things or objects of a
(a) Demanding, directly, or indirectly, the nature different from that provided by
payment of sums different from or larger law.
than those authorized by law.
(b) Failing voluntarily to issue a receipt, as
provided by law, for any sum of money
Mere demand of a larger or different
collected by him officially. amount is sufficient to consummate the
(c) Collecting or receiving, directly or indirectly, crime. The essence is the improper
by way of payment or otherwise things or collection (damage to govt is not
objects of a nature different from that required)
provided by law.
When the culprit is an officer or employee of the If sums are received without demanding
Bureau of Internal Revenue or the Bureau of the same, a felony under this article is not
Customs, the provisions of the Administrative Code committed. However, if the sum is given
shall be applied. as a sort of gift or gratification, the crime
ELEMENTS OF FRAUDS AGAINST is indirect bribery
PUBLIC TREASURY: When there is deceit in demanding larger
1. That the offender be a public officer. fees, the crime committed is estafa
2. That he should have taken advantage of May be complexed with malversation
his office, that is, he intervened in the
Officers and employees of the BIR or
transaction in his official capacity.
Customs are not covered by the article
3. That he entered into an agreement with
The NIRC of Administrative Code is the
any interested party or speculator or
applicable law
made use of any other scheme with
regard to (a) furnishing supplies (b) the Art. 214. Other frauds In addition to the penalties
making of contracts, or (c) the adjustment
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prescribed in the provisions of Chapter Six, Title Ten, This provisions is applicable to experts, arbitrators
Book Two, of this Code, the penalty of temporary and private accountants who, in like manner, shall
special disqualification in its maximum period to take part in any contract or transaction connected with
perpetual special disqualification shall be imposed the estate or property in appraisal, distribution or
upon any public officer who, taking advantage of his adjudication of which they shall have acted, and to the
official position, shall commit any of the frauds or guardians and executors with respect to the property
deceits enumerated in said provisions. belonging to their wards or estate.
ELEMENTS: WHO ARE LIABLE:
1. That the offender is a public officer. 1. Public officer in any contract or
2. That he takes advantage of his official business in which it is his official duty to
position. intervene.
3. That he commits any of the frauds or 2. Experts, arbitrators and private
deceits enumerated in art. 315 and 316. accountants in any contract or
(estafa; swindling) transaction connected with the estate or
Note: RTC has jurisdiction over the offense property in the approval, distribution or
because the principal penalty is adjudication of which they had acted.
disqualification 3. Guardians and executors with respect
to property belonging to their wards or the
Art. 215. Prohibited transactions The penalty of estate.
prision correccional in its maximum period or a fine NOTES:
ranging from 200 to 1,000 pesos, or both, shall be
imposed upon any appointive public officer who, a. Actual fraud is not necessary.
during his incumbency, shall directly or indirectly b. Act is punished because of the possibility
become interested in any transaction of exchange or that fraud may be committed or that the
speculation within the territory subject to his officer may place his own interest above
jurisdiction.
that of the Government or party which he
ELEMENTS: represents
1. That the offender is an appointive public
officer. AN ACT DEFINING AND PENALIZING THE
2. That he becomes interested, directly or CRIME OF PLUNDER
indirectly, in any transaction of exchange RA 7080
or speculation. 1. Definition of Ill-gotten wealth:
3. That the transaction takes place within
the territory subject to his jurisdiction. Any asset, property, business enterprise or
4. That he becomes interested in the material possession of any person acquired
transaction during his incumbency. by him directly or indirectly through dummies,
nominees, agents, subordinates, and/or
Examples of transactions of exchange or business associates by any combination or
speculation are: buying and selling series of the following means or similar
stocks, commodities, land etc wherein schemes:
one hopes to take advantage of an 1) Through misappropriation,
expected rise or fall in price conversion, misuse or malversation of
Purchasing of stocks or shares in a public funds or raids on the public
company is simple investment and not a treasury.
violation of the article. However, regularly 2) By receiving, directly or indirectly, any
buying securities for resale is speculation commission, gift, share, percentage,
Art. 216. Possession of prohibited interest by a
kickbacks or any other form of
public officer The penalty of arresto mayor in its
medium period to prision correccional in its minimum pecuniary benefit from any person
period, or a fine ranging from 200 to 1,000 pesos, or and/or entity in connection with any
both, shall be imposed upon a public officer who government contract or project or by
directly or indirectly, shall become interested in any reason of the office or position of the
contract or business in which it is his official duty to
intervene. public officer concerned;

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3) By the illegal or fraudulent accused in furtherance of the scheme and


conveyance or disposition of assets conspiracy to amass, accumulate or acquire
belonging to the National Government ill-gotten wealth, it being sufficient to establish
or any of its subdivisions, agencies or beyond reasonable doubt a pattern of overt
instrumentalities or government- or criminal acts indicative of the overall
owned or controlled corporations and unlawful scheme or conspiracy.
their subsidiaries; 5. Prescription of Crime:
4) By obtaining, receiving or accepting, The crime of plunder shall prescribe in 20
directly or indirectly, any shares of years. However, the right of the State to
stock, equity or any other form of recover properties unlawfully acquired by
interest or participation, including the public officers from them or from their
promise of future employment in any nominees or transferees shall not be barred
business enterprise or undertaking. by prescription, laches or estoppel.
5) By establishing agricultural, industrial
or commercial monopolies or other CHAPTER 4: MALVERSATION OF PUBLIC FUNDS
combinations, and/or implementation OR PROPERTY
of decrees and orders intended to
benefit particular persons or special Art. 217. Malversation of public funds or property;
Presumption of malversation Any public officer
interests; who, by reason of the duties of his office, is
6) By taking undue advantage of official accountable for public funds or property, shall
position, authority, relationship, appropriate the same or shall take or misappropriate
connection or influence to unjustly or shall consent, through abandonment or negligence,
shall permit any other person to take such public
enrich himself or themselves at the
funds, or property, wholly or partially, or shall
expense and to the damage or otherwise be guilty of the misappropriation or
prejudice of the Filipino people and malversation of such funds or property, shall suffer:
the Republic of the Philippines.
2. Persons Liable: 1. The penalty of prision correccional in its medium
1) Any public officer who, by himself or in and maximum periods, if the amount involved in the
misappropriation or malversation does not exceed two
connivance with members of his
hundred pesos.
family, relatives by affinity or
consanguinity, business associates 2. The penalty of prision mayor in its minimum and
and subordinates or other persons, medium periods, if the amount involved is more than
amasses, accumulates, or acquires ill- two hundred pesos but does not exceed six thousand
gotten wealth through a combination pesos.
or series of overt or criminal acts as
described under (I) in the aggregate 3. The penalty of prision mayor in its maximum period
to reclusion temporal in its minimum period, if the
amount or total value of at least 50 amount involved is more than six thousand pesos but
million pesos, shall be guilty of the is less than twelve thousand pesos.
crime of plunder (as amended by RA
7659). 4. The penalty of reclusion temporal, in its medium
2) Any person who participated with the and maximum periods, if the amount involved is more
said public officer in the commission than twelve thousand pesos but is less than twenty-
two thousand pesos. If the amount exceeds the latter,
of plunder. the penalty shall be reclusion temporal in its
3. Jurisdiction: All prosecutions under this At maximum period to reclusion perpetua.
shall be within the original jurisdiction of
the Sandiganbayan. In all cases, persons guilty of malversation shall also
4. Rule of Evidence: suffer the penalty of perpetual special disqualification
and a fine equal to the amount of the funds malversed
or equal to the total value of the property embezzled.
For purposes of establishing the crime of
plunder, it shall not be necessary to prove
The failure of a public officer to have duly forthcoming
each and every criminal act done by the
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any public funds or property with which he is a. when they are in conspiracy with
chargeable, upon demand by any duly authorized public officers; and
officer, shall be prima facie evidence that he has put
such missing funds or property to personal use. (As b. when they have charge of national,
amended by RA 1060). provincial or municipal funds,
ELEMENTS: revenues or property in any capacity
1. That the offender be a public officer (or In malversation through negligence, the
private person if entrusted with public negligence of the accountable public
funds or connived with public officers) officer must be positively and clearly
2. That he had the custody or control of shown to be inexcusable, approximating
funds or property (if not accountable for fraud or malice
the funds, theft or qualified theft) The measure of negligence to be
3. That those funds or property were public observed is the standard of care
funds or property (even if private funds if commensurate with the occasion
attached, seized, deposited or When malversation is not committed
commingled with public funds) through negligence, lack of criminal intent
4. That he: or good faith is a defense
a. Appropriated the funds or property The failure of a public officer to have any
b. Took or misappropriated them duly forthcoming public funds or property
c. Consented or, through abandonment upon demand, by any authorized officer,
or negligence, permitted any other shall be prima facie evidence that he has
person to take such public funds or put such missing funds or property to
property. (it is not necessary that the personal use. However, if at the very
offender profited thereby. His being moment when the shortage is discovered,
remiss in the duty of safekeeping the accountable officer is notified, and he
public funds violates the trust immediately pays the amount from his
reposed) pocket, the presumption does not arise
Returning the embezzled funds is not
Malversation is otherwise called exempting, it is only mitigating
embezzlement There is also no malversation when the
It can be committed either with malice or accountable officer is obliged to go out of
through negligence or imprudence his office and borrow the amount
In determining whether the offender is a corresponding to the shortage and later,
public officer, what is controlling is the the missing amount is found in an
nature of his office and not the unaccustomed place
designation A person whose negligence made
The funds or property must be received in possible the commission of malversation
an official capacity. Otherwise, the crime by another can be held liable as a
committed is estafa principal by indispensable cooperation
When a public officer has official custody Demand as well as damage to the
or the duty to collect or receive funds due government are not necessary elements
the government, or the obligation to Malversation (217) Estafa with Abuse of
account for them, his misappropriation of Confidence (315)
the same constitutes malversation Funds or property usually public Funds/property are
always private
A public officer who has qualified charge Offender is usually a public Offender is a private
of govt property without authority to part officer who is accountable for individual or even a
with its physical possession upon order of the public funds/property public officer who is
an immediate superior, he cannot be held not accountable for
liable under this article public funds/property
Crime is committed by Crime is committed by
Private individuals can also be held liable approaching, taking, or misappropriating,
for malversation under 2 circumstances: misappropriating/consenting, or converting, or denying
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through abandonment or having received penalty of prision correccional in its minimum period
negligence, permitting any other money, goods or other or a fine ranging from one-half to the total of the sum
person to take the public personal property misapplied, if by reason of such misapplication, any
funds/property damages or embarrassment shall have resulted to the
public service. In either case, the offender shall also
suffer the penalty of temporary special
Art. 218. Failure of accountable officer to render
disqualification.
accounts Any public officer, whether in the service
or separated therefrom by resignation or any other
cause, who is required by law or regulation to render If no damage or embarrassment to the public service
account to the Insular Auditor, or to a provincial has resulted, the penalty shall be a fine from 5 to 50
auditor and who fails to do so for a period of two per cent of the sum misapplied.
months after such accounts should be rendered, shall ELEMENTS (technical malversation):
be punished by prision correccional in its minimum 1. That the offender is a public officer.
period, or by a fine ranging from 200 to 6,000 pesos,
or both.
2. That there is public fund or property under
ELEMENTS: his administration.
1. That the offender is a public officer, 3. That such public fund or property has
whether in the service or separated been appropriated by law or ordinance
therefrom. (without this, it is simple malversation
2. That he must be an accountable officer even if applied to other public purpose).
for public funds property. 4. That he applies the same to a public use
3. That he is required by law or regulation to other than for which such fund or property
render accounts to the commission on has been appropriated by law or
audit, or to a provincial auditor. ordinance.
4. That he fails to do so for a period of two To distinguish this article with Art 217, just
months after such accounts should be remember that in illegal use of public
rendered. funds or property, the offender does not
Note: Demand and misappropriation are not derive any personal gain, the funds are
necessary merely devoted to some other public use
Absence of damage is only a mitigating
Art. 219. Failure of a responsible public officer to circumstance
render accounts before leaving the country Any
public officer who unlawfully leaves or attempts to Art. 221. Failure to make delivery of public funds
leave the Philippine Islands without securing a or property Any public officer under obligation to
certificate from the Insular Auditor showing that his make payment from Government funds in his
accounts have been finally settled, shall be punished possession, who shall fail to make such payment,
by arresto mayor, or a fine ranging from 200 to 1,000 shall be punished by arresto mayor and a fine from 5
pesos or both. to 25 per cent of the sum which he failed to pay.
ELEMENTS:
1. That the offender is a public officer. This provision shall apply to any public officer who,
2. That he must be an accountable officer being ordered by competent authority to deliver any
property in his custody or under his administration,
for public funds or property.
shall refuse to make such delivery.
3. That he must have unlawfully left (or be
on the point of leaving) the Philippines The fine shall be graduated in such case by the value
without securing from the Commission on of the thing, provided that it shall not less than 50
Audit a certificate showing that his pesos.
accounts have been finally settled. ELEMENTS:
Note: The act of leaving the Philippines must 1. Offender has govt funds or property in his
be unauthorized or not permitted by law possession
2. He is under obligation to either:
Art. 220. Illegal use of public funds or property a. make payment from such funds
Any public officer who shall apply any public fund or b. to deliver property in his custody or
property under his administration to any public use
other than for which such fund or property were administration when ordered by
appropriated by law or ordinance shall suffer the competent authority
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3. He maliciously fails or refuses to do so 2. That he is charged with the conveyance


Note: Penalty is based on value of or custody of a prisoner, either detention
funds/property to be delivered prisoner or prisoner by final judgment.
3. That such prisoner escaped from his
Art. 222. Officers included in the preceding custody
provisions The provisions of this chapter shall 4. That he was in connivance with the
apply to private individuals who in any capacity
whatever, have charge of any insular, provincial or prisoner in the latters escape
municipal funds, revenues, or property and to any
administrator or depository of funds or property Detention prisoner: refers to a person in
attached, seized or deposited by public authority, legal custody, arrested for and charged
even if such property belongs to a private individual.
with some crime or public offense
PERSONS WHO MAY BE HELD LIABLE
The release of a detention prisoner who
UNDER ARTS 217 TO 221:
could not be delivered to judicial
1. Private individual who, in any capacity,
authorities within the time fixed by law is
have charge of any national, provincial or
not infidelity in the custody of a prisoner.
municipal funds, revenue, or property
Neither is mere leniency or laxity in the
2. Administrator or depositary of funds or
performance of duty constitutive of
property that has been attached, seized
infidelity
or deposited by public authority, even if
There is real and actual evasion of
owned by a private individual
service of sentence when the custodian
permits the prisoner to obtain a relaxation
Sheriffs and receivers fall under the term
of his imprisonment
administrator
A judicial administrator in charge of Art. 224. Evasion through negligence If the
settling the estate of the deceased is not evasion of the prisoner shall have taken place through
covered by the article the negligence of the officer charged with the
conveyance or custody of the escaping prisoner, said
officer shall suffer the penalties of arresto mayor in its
CHAPTER 5: INFIDELITY OF PUBLIC OFFICERS maximum period to prision correccional in its
minimum period and temporary special
Section 1 Infidelity in the custody of disqualification.
prisoners ELEMENTS:
1. That the offender is a public officer.
Art. 223. Conniving with or consenting to evasion 2. That he is charged with the conveyance
Any public officer who shall consent to the escape
or custody of a prisoner, either detention
of a prisoner in his custody or charge, shall be
punished: prisoner or prisoner by final judgment.
3. That such prisoner escapes through his
1. By prision correccional in its medium and maximum negligence.
periods and temporary special disqualification in its 4. Penalty based on nature of imprisonment
maximum period to perpetual special disqualification,
if the fugitive shall have been sentenced by final
The article punishes a definite laxity
judgment to any penalty.
which amounts to deliberate non-
2. By prision correccional in its minimum period and performance of a duty
temporary special disqualification, in case the fugitive The fact that the public officer recaptured
shall not have been finally convicted but only held as the prisoner who had escaped from his
a detention prisoner for any crime or violation of law custody does not afford complete
or municipal ordinance.
exculpation
ELEMENTS:
The liability of an escaping prisoner:
1. That the offender is a public officer (on
a. if he is a prisoner by final judgment,
duty).
he is liable for evasion of service (art
157)

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b. if he is a detention prisoner, he does 3. That the said document or paper should


not incur criminal liability (unless have been entrusted to such public officer
cooperating with the offender). by reason of his office.
4. That damage, whether serious or not, to a
Art. 225. Escape of prisoner under the custody of third party or to the public interest should
a person not a public officer Any private person have been caused.
to whom the conveyance or custody or a prisoner or
person under arrest shall have been confided, who
shall commit any of the offenses mentioned in the two The document must be complete and one
preceding articles, shall suffer the penalty next lower by which a right could be established or
in degree than that prescribed for the public officer. an obligation could be extinguished
ELEMENTS: Books, periodicals, pamphlets etc are not
1. That the offender is a private person documents
(note: must be on duty) Papers would include checks,
2. That the conveyance or custody of a promissory notes and paper money
prisoner or person under arrest is A post office official who retained the mail
confined to him. without forwarding the letters to their
3. That the prisoner or person under arrest destination is guilty of infidelity in the
escapes.
custody of papers
4. That the offender consents to the escape
Removal of a document or paper must be
of the prisoner or person under arrest, or
for an illicit purpose. There is illicit
that the escape takes place through his
purpose when the intention of the
negligence
offender is to:
NOTE: This article is not applicable if a
a. tamper with it
private person made the arrest and he
b. to profit by it
consented to the escape of the person he
c. to commit any act constituting a
arrested
breech of trust in the official thereof
Section 2 Infidelity in the custody of Removal is consummated upon removal
document or secreting away of the document from
its usual place. It is immaterial whether or
Art. 226. Removal, concealment or destruction of not the illicit purpose of the offender has
documents Any public officer who shall remove, been accomplished
destroy or conceal documents or papers officially Infidelity in the custody of documents
entrusted to him, shall suffer: through destruction or concealment does
not require proof of an illicit purpose
1. The penalty of prision mayor and a fine not
exceeding 1,000 pesos, whenever serious damage
Delivering the document to the wrong
shall have been caused thereby to a third party or to party is infidelity in the custody thereof
the public interest. The damage may either be great or small
The offender must be in custody of such
2. The penalty of prision correccional in its minimum documents
and medium period and a fine not exceeding 1,000
pesos, whenever the damage to a third party or to the
Art. 227. Officer breaking seal Any public officer
public interest shall not have been serious.
charged with the custody of papers or property sealed
by proper authority, who shall break the seals or
In either case, the additional penalty of temporary permit them to be broken, shall suffer the penalties of
special disqualification in its maximum period to prision correccional in its minimum and medium
perpetual disqualification shall be imposed. periods, temporary special disqualification and a fine
ELEMENTS: not exceeding 2,000 pesos.
1. That the offender be a public officer. ELEMENTS:
2. That he abstracts, destroys or conceals a 1. That the offender is a public officer.
document or papers. 2. That he is charged with the custody of
papers or property.
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3. That these papers or property are sealed 4. That damage, great or small, be caused
by proper authority. to the public interest. (damage is
4. That he breaks the seals or permits them essential)
to be broken.
Secret must affect public interest
It is the breaking of the seals and not the Secrets of a private individual is not
opening of a closed envelope which is included
punished Espionage for the benefit of another State
Damage or intent to cause damage is not is not contemplated by the article. If
necessary; damage is presumed regarding military secrets or secrets
affecting state security, the crime may be
Art. 228. Opening of closed documents Any espionage.
public officer not included in the provisions of the next
preceding article who, without proper authority, shall
open or shall permit to be opened any closed papers, ELEMENTS; delivering wrongfully papers or
documents or objects entrusted to his custody, shall copies of papers of which he may have charge and
suffer the penalties or arresto mayor, temporary which should not be published
special disqualification and a fine of not exceeding 1. That the offender is a public officer.
2,000 pesos. 2. That he has charge of papers.
ELEMENTS: 3. That those papers should not be
1. That the offender is a public officer. published.
2. That any closed papers, documents, or 4. That he delivers those papers or copies
objects are entrusted to his custody. thereof to a third person.
3. That he opens or permits to be opened 5. That the delivery is wrongful.
said closed papers, documents or 6. That damage be caused to public interest.
objects.
4. That he does not have proper authority. Charge: means custody or control. If he
NOTE: Damage also not necessary is merely entrusted with the papers and
not with the custody thereof, he is not
Section 3 Revelation of secrets liable under this article
If the papers contain secrets which should
Art. 229. Revelation of secrets by an officer Any not be published, and the public officer
public officer who shall reveal any secret known to
him by reason of his official capacity, or shall having charge thereof removes and
wrongfully deliver papers or copies of papers of which delivers them wrongfully to a third person,
he may have charge and which should not be the crime is revelation of secrets. On the
published, shall suffer the penalties of prision other hand, if the papers do not contain
correccional in its medium and maximum periods,
perpetual special disqualification and a fine not
secrets, their removal for an illicit purpose
exceeding 2,000 pesos if the revelation of such is infidelity in the custody of documents
secrets or the delivery of such papers shall have Damage is essential to the act committed
caused serious damage to the public interest;
otherwise, the penalties of prision correccional in its Art. 230. Public officer revealing secrets of private
minimum period, temporary special disqualification individual Any public officer to whom the secrets
and a fine not exceeding 50 pesos shall be imposed. of any private individual shall become known by
reason of his office who shall reveal such secrets,
ELEMENTS: by reason of his official capacity shall suffer the penalties of arresto mayor and a fine
1. That the offender is a public officer. not exceeding 1,000 pesos.
2. That he knows of a secret by reason of ELEMENTS:
his official capacity. 1. That the offender is a public officer
3. That he reveals such secret without 2. That he knows of the secret of a private
authority or justifiable reasons. individual by reason of his office.
3. That he reveals such secrets without
authority or justification reason.

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Revelation to one person is sufficient 4. That the offender disobeys his superior
If the offender is an attorney, he is despite the disapproval of the
properly liable under Art 209 (betrayal of suspension.
trust by an attorney) NOTE: A public officer is not liable if the order
Damage to private individual is not of the superior is illegal
necessary
Art. 233. Refusal of assistance The penalties of
arresto mayor in its medium period to prision
CHAPTER 6: OTHER OFFENSES OR correccional in its minimum period, perpetual special
IRREGULARITIES BY PUBLIC OFFICERS disqualification and a fine not exceeding 1,000 pesos,
shall be imposed upon a public officer who, upon
Art. 231. Open disobedience Any judicial or demand from competent authority, shall fail to lend his
executive officer who shall openly refuse to execute cooperation towards the administration of justice or
the judgment, decision or order of any superior other public service, if such failure shall result in
authority made within the scope of the jurisdiction of serious damage to the public interest, or to a third
the latter and issued with all the legal formalities, shall party; otherwise, arresto mayor in its medium and
suffer the penalties of arresto mayor in its medium maximum periods and a fine not exceeding 500 pesos
period to prision correccional in its minimum period, shall be imposed.
temporary special disqualification in its maximum ELEMENTS:
period and a fine not exceeding 1,000 pesos.
1. That the offender is a public officer.
ELEMENTS:
2. That a competent authority demands from
1. That the offender is a judicial or executive
the offender that he lend his cooperation
officer.
towards the administration of justice or
2. That there is a judgment, decision or
other public service.
order of superior authority.
3. That the offender fails to do so
3. That such judgment, decision or order
maliciously.
was made within the scope of the
jurisdiction of the superior authority and
Involves a request from one public officer
issued with all the legal formalities.
to another
4. That the offender without any legal
justification openly refuses to execute the Damage to the public interest or third
said judgment, decision or under which party is essential
he is duty bound to obey. Demand is necessary
NOTE: Judgment should have been rendered
Art. 234. Refusal to discharge elective office
in a hearing and issued within proper The penalty of arresto mayor or a fine not exceeding
jurisdiction with all legal solemnities required 1,000 pesos, or both, shall be imposed upon any
person who, having been elected by popular election
Art. 232. Disobedience to order of superior to a public office, shall refuse without legal motive to
officers, when said order was suspended by be sworn in or to discharge the duties of said office.
inferior officer Any public officer who, having for ELEMENTS:
any reason suspended the execution of the orders of 1. That the offender is elected by popular
his superiors, shall disobey such superiors after the
latter have disapproved the suspension, shall suffer election to a public office.
the penalties of prision correccional in its minimum 2. That he refuses to be sworn in or
and medium periods and perpetual special discharge the duties of said office.
disqualification. 3. That there is no legal motive for such
ELEMENTS: refusal to be sworn in or to discharge the
That the offender is a public officer. duties of said office.
1. That an order is issued by his superior for NOTE: Even if the person did not run for the
execution. office on his own will as the Constitution
2. That he has for any reason suspended provides that every citizen may be required to
the execution of such order. render service
3. That his superior disapproves the
suspension of the execution of the order. Art. 235. Maltreatment of prisoners The penalty
of arresto mayor in its medium period to prision
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correccional in its minimum period, in addition to his required by law, shall be suspended from such office
liability for the physical injuries or damage caused, or employment until he shall have complied with the
shall be imposed upon any public officer or employee respective formalities and shall be fined from 200 to
who shall overdo himself in the correction or handling 500 pesos.
of a prisoner or detention prisoner under his charge, ELEMENTS:
by the imposition of punishment not authorized by the
regulations, or by inflicting such punishment in a cruel
1. That the offender is entitled to hold a
and humiliating manner. public office or employment, either by
election or appointment.
If the purpose of the maltreatment is to extort a 2. That the law requires that he should first
confession, or to obtain some information from the be sworn in and/or should first give a
prisoner, the offender shall be punished by prision bond.
correccional in its minimum period, temporary special 3. That he assumes the performance of the
disqualification and a fine not exceeding 500 pesos, in
addition to his liability for the physical injuries or duties and powers of such office.
damage caused. 4. That he has not taken his oath of office
ELEMENTS: and./or given the bond required by law.
1. That the offender is a public officer or
employee. Art. 237. Prolonging performance of duties and
powers Any public officer shall continue to
2. That he has under charge a prisoner or exercise the duties and powers of his office,
detention prisoner (otherwise the crime is employment or commission, beyond the period
physical injuries) provided by law, regulation or special provisions
3. That he maltreats such prisoner in either applicable to the case, shall suffer the penalties of
of the following manners: prision correccional in its minimum period, special
temporary disqualification in its minimum period and a
a. by overdoing himself in the correction fine not exceeding 500 pesos.
or handling of a prisoner or detention ELEMENTS:
prisoner under his charge either 1. That the offender is holding a public
by the imposition of punishments office.
not authorized by the regulations, 2. That the period provided by law,
or regulations or special provisions for
by inflicting such punishments holding such office has already expired.
(those authorized) in a cruel and 3. That he continues to exercise the duties
humiliating manner, or and powers of such office.
b. by maltreating such prisoner to extort NOTE: The article contemplates officers who
a confession or to obtain some have been suspended, separated or declared
information from the prisoner. over-aged or dismissed

The public officer must have actual Art. 238. Abandonment of office or position Any
charge of the prisoner in order to be held public officer who, before the acceptance of his
liable resignation, shall abandon his office to the detriment
of the public service shall suffer the penalty of arresto
To be considered a detention prisoner, mayor.
the person arrested must be placed in jail
even for just a short while If such office shall have been abandoned in order to
Offender may also be held liable for evade the discharge of the duties of preventing,
prosecuting or punishing any of the crime falling
physical injuries or damage caused within Title One, and Chapter One of Title Three of
Book Two of this Code, the offender shall be
Section 2 Anticipation, prolongation and punished by prision correccional in its minimum and
abandonment of the duties and powers of medium periods, and by arresto mayor if the purpose
of such abandonment is to evade the duty of
public office preventing, prosecuting or punishing any other crime.
ELEMENTS:
Art. 236. Anticipation of duties of a public office
Any person who shall assume the performance of the 1. That the offender is a public officer.
duties and powers of any public officer or employment 2. That he formally resigns from his position.
without first being sworn in or having given the bond
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3. That his resignation has not yet been 1. That the offender is an executive or
accepted. judicial officer.
4. That he abandons his office to the 2. That he (a.) makes general rules or
detriment of the public service. regulations beyond the scope of his
authority or (b.) attempts to repeal a law
There must be formal or written or (c.) suspends the execution thereof.
resignation
The offense is qualified if the purpose Art. 240. Usurpation of executive functions Any
behind the abandonment is to evade the judge who shall assume any power pertaining
discharge of duties consisting of to the executive authorities, or shall obstruct
preventing, prosecuting or punishing any the latter in the lawful exercise of their powers,
of the crimes against national security. shall suffer the penalty of arresto mayor in its
The penalty is higher. This involves the medium period to prision correccional in its
following crimes: minimum period.
1) treason ELEMENTS:
2) conspiracy and proposal to commit 1. That the offender is a judge.
conspiracy 2. That he (a.) assumes a power pertaining
3) misprision of treason to the executive authorities, or (b.)
4) espionage obstructs executive authorities in the
5) inciting to war or giving motives to lawful exercise of their powers.
reprisals NOTE: Legislative officers are not liable for
6) violation of neutrality usurpation of executive functions
7) correspondence with hostile country
8) flight to enemy country Art. 241. Usurpation of judicial functions The
9) piracy and mutiny on the high seas penalty of arresto mayor in its medium period to
10) rebellion prision correccional in its minimum period and shall
11) conspiracy and proposal to commit be imposed upon any officer of the executive branch
of the Government who shall assume judicial powers
rebellion or shall obstruct the execution of any order or
12) disloyalty to public officers decision rendered by any judge within its jurisdiction.
13) inciting to rebellion ELEMENTS:
14) sedition 1. That the offender is an officer of the
15) conspiracy to commit sedition executive branch of the government.
16) inciting to sedition 2. That he (a.) assumes judicial powers, or
Abandonment of Office or Dereliction of Duty (208) (b.) obstruct the execution of any order
Position (238)
decision rendered by any judge within his
There is actual Public officer does not
abandonment through abandon his office but jurisdiction.
resignation to evade the merely fails to prosecute a NOTE: A mayor is guilty under this article
discharge of duties. violation of the law. when he investigates a case while a justice of
the peace is in the municipality
Section 3 Usurpation of powers and
unlawful appointments Art. 242. Disobeying request for disqualification
Any public officer who, before the question of
jurisdiction is decided, shall continue any proceeding
Art. 239. Usurpation of legislative powers The
after having been lawfully required to refrain from so
penalties of prision correccional in its minimum
doing, shall be punished by arresto mayor and a fine
period, temporary special disqualification and a fine
not exceeding 500 pesos.
not exceeding 1,000 pesos, shall be imposed upon
any public officer who shall encroach upon the ELEMENTS:
powers of the legislative branch of the Government, 1. That the offender is a public officer.
either by making general rules or regulations beyond 2. That a proceeding is pending before such
the scope of his authority, or by attempting to repeal a public officer.
law or suspending the execution thereof.
ELEMENTS:
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3. That there is a question brought before disqualification shall be imposed:


the proper authority regarding his
jurisdiction, which is not yet decided. 1. Upon any public officer who shall solicit or make
immoral or indecent advances to a woman interested
4. That he has been lawfully required to
in matters pending before such officer for decision, or
refrain from continuing the proceeding. with respect to which he is required to submit a report
5. That he continues the proceeding. to or consult with a superior officer;

Art. 243. Orders or requests by executive officers 2. Any warden or other public officer directly charged
to any judicial authority Any executive officer with the care and custody of prisoners or persons
who shall address any order or suggestion to any under arrest who shall solicit or make immoral or
judicial authority with respect to any case or business indecent advances to a woman under his custody.
coming within the exclusive jurisdiction of the courts
of justice shall suffer the penalty of arresto mayor and
If the person solicited be the wife, daughter, sister of
a fine not exceeding 500 pesos.
relative within the same degree by affinity of any
ELEMENTS: person in the custody of such warden or officer, the
1. That the offender is an executive officer. penalties shall be prision correccional in its minimum
2. That the addresses any order or and medium periods and temporary special
suggestion to any judicial authority. disqualification.
3. That the order or suggestion relates to ELEMENTS:
any case or business coming within the 1. That the offender is a public officer.
exclusive jurisdiction of the courts of 2. That he solicits or makes immoral or
justice. indecent advances to a woman.
NOTE: Legislative or judicial officers are not 3. That such woman must be
liable under this article a. interested in matters pending before
the offender for decision, or with
Art. 244. Unlawful appointments Any public respect to which he is required to
officer who shall knowingly nominate or appoint to any submit a report to or consult with a
public office any person lacking the legal superior officer, or
qualifications therefor, shall suffer the penalty of b. under the custody of the offender who
arresto mayor and a fine not exceeding 1,000 pesos.
is a warden or other public officer
ELEMENTS:
directly charged with care and custody
1. That the offender is a public officer.
of prisoners or person under arrest, or
2. That he nominates or appoints a person
c. the wife, daughter, sister or relative
to a public office.
within the same degree by affinity of
3. That such person lacks the legal
the person in the custody of the
qualification therefor.
offender
4. That the offender knows that his nominee
or appointee lacks the qualification at the
time he made the nomination or The mother of the person in the custody
appointment. of the public officer is not included
Solicit: means to propose earnestly and
Recommending, knowing that the person persistently something unchaste and
recommended is not qualified is not a immoral to a woman
crime The advances must be immoral or
There must be a law providing for the indecent
qualifications of a person to be nominated The crime is consummated by mere
or appointed to a public office proposal
Proof of solicitation is not necessary when
Section 4 Abuses against chastity there is sexual intercourse

Art. 245. Abuses against chastity; Penalties The TITLE EIGHT


penalties of prision correccional in its medium and CRIMES AGAINST PERSONS
maximum periods and temporary special

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CHAPTER 1: DESTRUCTION OF LIFE daughters under eighteen years of age, and their
seducer, while the daughters are living with their
parents.
Section 1 Parricide, murder, homicide
Any person who shall promote or facilitate the
Art. 246. Parricide Any person who shall kill his
prostitution of his wife or daughter, or shall otherwise
father, mother, or child, whether legitimate or
have consented to the infidelity of the other spouse
illegitimate, or any of his ascendants, or descendants,
shall not be entitled to the benefits of this article.
or his spouse, shall be guilty of parricide and shall be
punished by the penalty of reclusion perpetua to REQUISITES:
death. 1. A legally married person or parent
ELEMENTS: surprises his spouse or daughter (the
1. That a person is killed. latter must be under 18 and living with
2. That the deceased is killed by the them) in the act of committing sexual
accused. intercourse with another person
3. That the deceased is the father, mother, 2. He/she kills any or both of them or inflicts
or child, whether legitimate or illegitimate, upon any or both of them any serious
or a legitimate other ascendant or other physical injury in the act or immediately
descendant, or the legitimate spouse of thereafter
the accused. 3. He has not promoted or facilitated the
prostitution of his wife or daughter, or that
The relationship of the offender with the he has not consented to the infidelity of
victim is the essential element of the the other spouse.
felony
Parents and children are not included in Article does not define or penalize a
the term ascendants or descendants felony
The other ascendant or descendant must Not necessary that the parent be
be legitimate. On the other hand, the legitimate
father, mother or child may be legitimate Article applies only when the daughter is
or illegitimate single
The child should not be less than 3 days Surprise: means to come upon suddenly
old. Otherwise, the offense is infanticide or unexpectedly
Relationship must be alleged Art 247 is applicable when the accused
A stranger who cooperates in committing did not see his spouse in the act sexual
parricide is liable for murder or homicide intercourse with another person.
Even if the offender did not know that the However, it is enough that circumstances
person he had killed is his son, he is still reasonably show that the carnal act is
liable for parricide because the law does being committed or has been committed
not require knowledge of the relationship Sexual intercourse does not include
preparatory acts
Art. 247. Death or physical injuries inflicted under Immediately thereafter: means that the
exceptional circumstances Any legally married discovery, escape, pursuit and the killing
person who having surprised his spouse in the act of
committing sexual intercourse with another person,
must all form parts of one continuous act
shall kill any of them or both of them in the act or The killing must be the direct by-product
immediately thereafter, or shall inflict upon them any of the rage of the accused
serious physical injury, shall suffer the penalty of No criminal liability is incurred when less
destierro.
serious or slight physical injuries are
inflicted. Moreover, in case third persons
If he shall inflict upon them physical injuries of any
other kind, he shall be exempt from punishment. caught in the crossfire suffer physical
injuries, the accused is not liable. The
These rules shall be applicable, under the same principle that one is liable for the
circumstances, to parents with respect to their consequences of his felonious act is not
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applicable because he is not committing a of the victim or outraging or scoffing at


felony his person or corpse
4. The killing is not parricide or infanticide.
Art. 248. Murder. Any person who, not falling
within the provisions of Article 246 shall kill another, The victim must be killed in order to
shall be guilty of murder and shall be punished by
reclusion temporal in its maximum period to death, if consummate the offense. Otherwise, it
committed with any of the following attendant would be attempted or frustrated murder
circumstances: Murder will exist with only one of the
1. With treachery, taking advantage of superior circumstances. The other circumstances
strength, with the aid of armed men, or employing
means to weaken the defense or of means or persons are absorbed or included in one qualifying
to insure or afford impunity. circumstance. They cannot be considered
2. In consideration of a price, reward, or promise. as generic aggravating circumstances
3. By means of inundation, fire, poison, explosion, Any of the qualifying circumstances must
shipwreck, stranding of a vessel, derailment or
assault upon a street car or locomotive, fall of an be alleged in the information. Otherwise,
airship, by means of motor vehicles, or with the use of they will only be considered as generic
any other means involving great waste and ruin. aggravating circumstances
4. On occasion of any of the calamities enumerated in Treachery and premeditation are inherent
the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone, epidemic
in murder with the use of poison.
or other public calamity.
5. With evident premeditation. Art. 249. Homicide Any person who, not falling
6. With cruelty, by deliberately and inhumanly within the provisions of Article 246, shall kill another
augmenting the suffering of the victim, or outraging or without the attendance of any of the circumstances
scoffing at his person or corpse. enumerated in the next preceding article, shall be
ELEMENTS: deemed guilty of homicide and be punished by
reclusion temporal.
1. That a person was killed.
ELEMENTS:
2. That the accused killed him.
1. That a person was killed.
3. That the killing was attended by any of
2. That the accused killed him without any
the following qualifying circumstances
justifying circumstances.
a. with treachery, taking advantage of
3. That the accused had the intention to kill,
superior strength, with the aid or
which is presumed.
armed men, or employing means to
4. That the killing was not attended by any
weaken the defense or of means or
of the qualifying circumstances of murder,
persons to insure or afford impunity
or by that of parricide or infanticide.
b. in consideration of price, reward or
promise
c. by means of inundation, fire, poison, Intent to kill is conclusively presumed
when death resulted. Hence, evidence of
explosion, shipwreck, stranding of
intent to kill is required only in attempted
vessel, derailment or assault upon a
street car or locomotive, fall of airship, or frustrated homicide
by means of motor vehicles or with There is no crime of frustrated homicide
the use of any other means involving through negligence
great waste or ruin When the wounds that caused death
d. on occasion of any of the calamities were inflicted by 2 different persons, even
enumerated in the preceding if they were not in conspiracy, each one
paragraph, or of an earthquake, of them is guilty of homicide
eruption of a volcano, destructive In all crimes against persons in which the
cyclone, epidemic or any other public death of the victim is an element, there
calamity must be satisfactory evidence of (1) the
e. with evident premeditation fact of death and (2) the identity of the
f. with cruelty, by deliberately and victim
inhumanely augmenting the suffering Art. 250. Penalty for frustrated parricide, murder

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or homicide The courts, in view of the facts of the if it is not known who inflicted serious
case, may impose upon the person guilty of the
physical injuries on the deceased, all
frustrated crime of parricide, murder or homicide,
defined and penalized in the preceding articles, a persons who used violence upon the
penalty lower by one degree than that which should person of the victim.
be imposed under the provision of Article 50.
Art. 252. Physical injuries inflicted in a tumultuous
The courts, considering the facts of the case, may affray When in a tumultuous affray as referred to
likewise reduce by one degree the penalty which in the preceding article, only serious physical injuries
under Article 51 should be imposed for an attempt to are inflicted upon the participants thereof and the
commit any of such crimes. person responsible thereof cannot be identified, all
those who appear to have used violence upon the
person of the offended party shall suffer the penalty
Art. 251. Death caused in a tumultuous affray
next lower in degree than that provided for the
When, while several persons, not composing groups
physical injuries so inflicted.
organized for the common purpose of assaulting and
attacking each other reciprocally, quarrel and assault
each other in a confused and tumultuous manner, and When the physical injuries inflicted are of a less
in the course of the affray someone is killed, and it serious nature and the person responsible therefor
cannot be ascertained who actually killed the cannot be identified, all those who appear to have
deceased, but the person or persons who inflicted used any violence upon the person of the offended
serious physical injuries can be identified, such party shall be punished by arresto mayor from five to
person or persons shall be punished by prision fifteen days.
mayor. ELEMENTS:
1. That there is a tumultuous affray as
If it cannot be determined who inflicted the serious referred to in the preceding article.
physical injuries on the deceased, the penalty of 2. That a participant or some participants
prision correccional in its medium and maximum
periods shall be imposed upon all those who shall thereof suffer serious physical injuries or
have used violence upon the person of the victim. physical injuries of a less serious nature
ELEMENTS OF ART. 251: only.
1. That there be several persons. 3. That the person responsible therefor
2. That they did not compose groups cannot be identified.
organized for the common purpose of 4. That all those who appear to have used
assaulting and attacking each other violence upon the person of the offended
reciprocally. party are known.
3. That these several persons quarreled and
assaulted one another in a confused and Art. 253. Giving assistance to suicide Any
person who shall assist another to commit suicide
tumultuous manner. shall suffer the penalty of prision mayor; if such
4. That someone was killed in the course of person leads his assistance to another to the extent of
the affray. doing the killing himself, he shall suffer the penalty of
5. That it cannot be ascertained who reclusion temporal. However, if the suicide is not
consummated, the penalty of arresto mayor in its
actually killed the deceased.
medium and maximum periods, shall be imposed.
6. That the person or persons who inflicted ACTS PUNISHABLE:
serious physical injuries or who used
1. Assisting another to commit suicide,
violence can be identified.
whether the suicide is consummated or
not
Tumultuous affray exists hen at least 4 2. Lending his assistance to another to
persons take part in it commit suicide to the extent of doing the
When there are 2 identified groups of killing himself.
men who assaulted each other, there is
no tumultuous affray A person who attempts to commit suicide
Persons liable are: is not criminally liable
person/s who inflicted serious physical A pregnant woman who tried to commit
injuries suicide by means of poison but instead of

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dying, the fetus in her womb was Art. 255. Infanticide The penalty provided for
expelled, is not liable for abortion parricide in Article 246 and for murder in Article 248
shall be imposed upon any person who shall kill any
Assistance to suicide is different from child less than three days of age.
mercy-killing. Euthanasia/mk is the
practice of painlessly putting to death a If the crime penalized in this article be committed by
person suffering from some incurable the mother of the child for the purpose of concealing
disease. In this case, the person does not her dishonor, she shall suffer the penalty of prision
want to die. A doctor who resorts to correccional in its medium and maximum periods, and
if said crime be committed for the same purpose by
euthanasia may be held liable for murder the maternal grandparents or either of them, the
Penalty is mitigated if suicide is not penalty shall be prision mayor.
successful. ELEMENTS:
1. That a child was killed.
Art. 254. Discharge of firearms Any person who 2. That the deceased child was less than
shall shoot at another with any firearm shall suffer the
three days (72 hours) of age.
penalty of prision correccional in its minimum and
medium periods, unless the facts of the case are such 3. That the accused killed the said child.
that the act can be held to constitute frustrated or
attempted parricide, murder, homicide or any other When the offender is the father, mother or
crime for which a higher penalty is prescribed by any legitimate ascendant, he shall suffer the
of the articles of this Code.
penalty prescribed for parricide. If the
ELEMENTS:
offender is any other person, the penalty
1. That the offender discharges a firearm
is that for murder. In either case, the
against or at another person.
proper qualification for the offense is
2. That the offender has no intention to kill
infanticide
that person.
When infanticide is committed by the
mother or maternal grandmother in order
The offender must shoot at another with
to conceal the dishonor, such fact is only
any firearm without intention of killing him.
mitigating
If the firearm is not discharged at a
person, the act is not punished under this The delinquent mother who claims that
article she committed the offense to conceal the
dishonor must be of good reputation.
A discharge towards the house of the
Hence, if she is a prostitute, she is not
victim is not discharge of firearm. On the
entitled to a lesser penalty because she
other hand, firing a gun against the house
has no honor to conceal
of the offended party at random, not
knowing in what part of the house the There is no infanticide when the child was
people were, it is only alarm under art born dead, or although born alive it could
not sustain an independent life when it
155.
was killed.
Usually, the purpose of the offender is
only to intimidate or frighten the offended Art. 256. Intentional abortion Any person who
party shall intentionally cause an abortion shall suffer:
Intent to kill is negated by the fact that the 1. The penalty of reclusion temporal, if he shall use
distance between the victim and the any violence upon the person of the pregnant woman.
2. The penalty of prision mayor if, without using
offender is 200 yards violence, he shall act without the consent of the
A person can be held liable for discharge woman.
even if the gun was not pointed at the 3. The penalty of prision correccional in its medium
offended party when it fired for as long as and maximum periods, if the woman shall have
it was initially aimed at or against the consented.
offended party. ELEMENTS:
1. That there is a pregnant woman.
Section 2 Infanticide and abortion 2. That violence is exerted, or drugs or
beverages administered, or that the
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accused otherwise acts upon such a. the pregnant woman herself


pregnant woman. b. any other person, with her consent, or
3. That as a result of the use of violence or c. any of her parents, with her consent
drugs or beverages upon her, or any for the purpose of concealing her
other act of the accused, the fetus dies, dishonor.
either in the womb or after having been
expelled therefrom. Liability of the pregnant woman is
4. That the abortion is intended. mitigated if the purpose is to conceal her
dishonor. However, there is no litigation
Art. 257. Unintentional abortion The penalty of for the parents of the pregnant women
prision correccional in its minimum and medium even if their purpose is to conceal their
period shall be imposed upon any person who shall
cause an abortion by violence, but unintentionally. daughters dishonor
ELEMENTS: In infanticide, parents can avail of the
1. That there is a pregnant woman. mitigating circumstance of concealing the
2. That violence is used upon such pregnant dishonor of their daughter. This is not so
woman without intending an abortion. for art 258
3. That the violence is intentionally exerted.
Art. 259. Abortion practiced by a physician or
4. That as a result of the violence that fetus
midwife and dispensing of abortives The
dies, either in the womb or after having penalties provided in Article 256 shall be imposed in
been expelled therefrom. its maximum period, respectively, upon any physician
or midwife who, taking advantage of their scientific
Unintentional abortion can also be knowledge or skill, shall cause an abortion or assist in
causing the same.
committed through negligence
a. The accused can only be held liable if
Any pharmacist who, without the proper prescription
he knew that the woman was from a physician, shall dispense any abortive shall
pregnant suffer arresto mayor and a fine not exceeding 1,000
b. If there is no intention to cause pesos.
abortion and neither was violence ELEMENTS:
exerted, arts 256 and 257 does not 1. That there is a pregnant woman who has
apply. suffered an abortion.
2. That the abortion is intended.
Art. 258. Abortion practiced by the woman herself 3. That the offender, who must be a
of by her parents The penalty of prision physician or midwife, causes or assists in
correccional in its medium and maximum periods
causing the abortion.
shall be imposed upon a woman who shall practice
abortion upon herself or shall consent that any other 4. That said physician or midwife takes
person should do so. advantage of his or her scientific
knowledge or skill.
Any woman who shall commit this offense to conceal
her dishonor, shall suffer the penalty of prision It is not necessary that the pharmacist
correccional in its minimum and medium periods.
knew that the abortive would be used to
cause abortion. What is punished is the
If this crime be committed by the parents of the
pregnant woman or either of them, and they act with act of dispensing an abortive without the
the consent of said woman for the purpose of proper prescription. It is not necessary
concealing her dishonor, the offenders shall suffer the that the abortive be actually used
penalty of prision correccional in its medium and If the pharmacist knew that the abortive
maximum periods.
would be used to cause abortion and
ELEMENTS:
abortion results, he is liable as an
1. That there is a pregnant woman who has
accomplice
suffered an abortion.
2. That the abortion is intended.
Section 3 - Duel
3. That the abortion is caused by
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1. Challenger
Art. 260. Responsibility of participants in a duel 2. Instigators
The penalty of reclusion temporal shall be imposed
upon any person who shall kill his adversary in a duel.
CHAPTER 2: PHYSICAL INJURIES
If he shall inflict upon the latter physical injuries only,
Art. 262. Mutilation The penalty of reclusion
he shall suffer the penalty provided therefor,
temporal to reclusion perpetua shall be imposed upon
according to their nature.
any person who shall intentionally mutilate another by
depriving him, either totally or partially, or some
In any other case, the combatants shall suffer the essential organ of reproduction.
penalty of arresto mayor, although no physical injuries
have been inflicted.
Any other intentional mutilation shall be punished by
prision mayor in its medium and maximum periods.
The seconds shall in all events be punished as ELEMENTS:
accomplices.
1. There be a castration i.e. mutilation of
ACTS PUNISHED:
organs necessary for generation
1. Killing ones adversary in a duel
2. Mutilation is caused purposely and
2. Inflicting upon the adversary serious
deliberately
physical injuries
3. Making a combat although no physical
KINDS OF MUTILATION
injuries have been inflicted
1. Intentionally mutilating another by
depriving him, totally or partially, of some
PERSONS LIABLE:
essential organ for reproduction
1. Principals person who killed or inflicted
2. Intentionally making another mutilation,
physical injuries upon his adversary, or
i.e. lopping, clipping off any part of the
both combatants in any other cases
body of the offended party, other than the
2. Accomplices as seconds
essential organ for reproduction, to
deprive him of that part of the body
Duel: a formal or regular combat
previously concerted between 2 parties in
In the first kind of mutilation, the
the presence of 2 or more seconds of
castration must be made purposely.
lawful age on each side, who make the
Otherwise, it will be considered as
selection of arms and fix all the other
mutilation of the second kind
conditions of the fight
Mayhem: refers to any other intentional
If death results, the penalty is the same
mutilation
as that for homicide
Art. 263. Serious physical injuries Any person
Art. 261. Challenging to a duel The penalty of who shall wound, beat, or assault another, shall be
prision correccional in its minimum period shall be guilty of the crime of serious physical injuries and
imposed upon any person who shall challenge shall suffer:
another, or incite another to give or accept a 1. The penalty of prision mayor, if in consequence of
challenge to a duel, or shall scoff at or decry another the physical injuries inflicted, the injured person shall
publicly for having refused to accept a challenge to become insane, imbecile, impotent, or blind;
fight a duel. 2. The penalty of prision correccional in its medium
ACTS PUNISHABLE: and maximum periods, if in consequence of the
1. Challenging another to a duel physical injuries inflicted, the person injured shall
2. Inciting another to give or accept a 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
challenge to a duel arm, or a leg or shall have lost the use of any such
3. Scoffing at or decrying another publicly member, or shall have become incapacitated for the
for having refused to accept a challenge work in which he was therefor habitually engaged;
to fight a duel 3. The penalty of prision correccional in its minimum
and medium periods, if in consequence of the
physical injuries inflicted, the person injured shall
PERSONS LIABLE: have become deformed, or shall have lost any other

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part of his body, or shall have lost the use thereof, or


shall have been ill or incapacitated for the
Serious physical injuries may be
performance of the work in which he as habitually
engaged for a period of more than ninety days; committed through reckless imprudence
4. The penalty of arresto mayor in its maximum period or simple imprudence
to prision correccional in its minimum period, if the There must be no intent to kill
physical injuries inflicted shall have caused the illness
or incapacity for labor of the injured person for more
Impotent should include inability to
than thirty days. copulate and sterility
Blindness requires lost of vision in both
If the offense shall have been committed against any eyes. Mere weakness in vision is not
of the persons enumerated in Article 246, or with contemplated
attendance of any of the circumstances mentioned in Loss of power to hear must involve both
Article 248, the case covered by subdivision number 1
of this Article shall be punished by reclusion temporal ears. Otherwise, it will be considered as
in its medium and maximum periods; the case serious physical injuries under par 3
covered by subdivision number 2 by prision Loss of use of hand or incapacity of usual
correccional in its maximum period to prision mayor in work in par 2 must be permanent
its minimum period; the case covered by subdivision
number 3 by prision correccional in its medium and Par 2 refers to principal members of the
maximum periods; and the case covered by body. Par 3 on the other hand, covers any
subdivision number 4 by prision correccional in its other member which is not a principal part
minimum and medium periods. of the body. In this respect, a front tooth is
considered as a member of the body,
The provisions of the preceding paragraph shall not other than a principal member
be applicable to a parent who shall inflict physical
injuries upon his child by excessive chastisement. Deformity: means physical ugliness,
HOW COMMITTED permanent and definite abnormality. Not
1. Wounding curable by natural means or by nature. It
2. Beating must be conspicuous and visible. Thus, if
3. Assaulting the scar is usually covered by a dress, it
4. Administering injurious substances would not be conspicuous and visible
The loss of 3 incisors is a visible
What are serious physical injuries: deformity. Loss of one incisor is not.
1. Injured person becomes insane, imbecile, However, loss of one tooth which
impotent or blind impaired appearance is a deformity
2. Injured person Deformity by loss of teeth refers to injury
a. loses the use of speech or the power which cannot be impaired by the action of
to hear or to smell, loses an eye, a the nature
hand, foot, arm or leg Loss of both outer ears constitutes
b. loses the use of any such member deformity and also loss of the power to
c. becomes incapacitated for the work in hear. Meanwhile, loss of the lobule of the
which he had been habitually ear is only a deformity
engaged Loss of the index and middle fingers is
3. Injured person either a deformity or loss of a member,
a. becomes deformed not a principal one of his body or use of
b. loses any other member of his body the same
c. loses the use thereof Loss of the power to hear in the right ear
d. becomes ill or incapacitated for the is considered as merely loss of use of
performance of the work in which he some other part of the body
had been habitually engaged in for If the injury would require medical
more than 90 days attendance for more than 30 days, the
4. Injured person becomes ill or illness of the offended party may be
incapacitated for labor for more than 30 considered as lasting more than 30 days.
days (but not more than 90 days) The fact that there was medical
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attendance for that period of time shows Art. 265. Less serious physical injuries Any
that the injuries were not cured for that person who shall inflict upon another physical injuries
not described in the preceding articles, but which shall
length of time incapacitate the offended party for labor for ten days
Under par 4, all that is required is illness or more, or shall require medical assistance for the
or incapacity, not medical attendance same period, shall be guilty of less serious physical
In determining incapacity, the injured injuries and shall suffer the penalty of arresto mayor.
party must have an avocation at the time
Whenever less serious physical injuries shall have
of the injury. Work: includes studies or been inflicted with the manifest intent to kill or offend
preparation for a profession the injured person, or under circumstances adding
When the category of the offense of ignominy to the offense in addition to the penalty of
serious physical injuries depends on the arresto mayor, a fine not exceeding 500 pesos shall
be imposed.
period of the illness or incapacity for
labor, there must be evidence of the
Any less serious physical injuries inflicted upon the
length of that period. Otherwise, the offenders parents, ascendants, guardians, curators,
offense will only be considered as slight teachers, or persons of rank, or persons in authority,
physical injuries shall be punished by prision correccional in its
There is no incapacity if the injured party minimum and medium periods, provided that, in the
case of persons in authority, the deed does not
could still engage in his work although constitute the crime of assault upon such person.
less effectively than before ELEMENTS:
Serious physical injuries is qualified when 1. That the offended party is incapacitated
the crime is committed against the same for labor for 10 days or more (but not
persons enumerated in the article on more than 30 days), or needs medical
parricide or when it is attended by any of attendance for the same period of time
the circumstances defining the crime of 2. That the physical injuries must not be
murder. However, serious physical those described in the preceding articles
injuries resulting from excessive
chastisement by parents is not qualified Circumstances qualifying the offense:
serious physical injuries a. when there is manifest intent to insult
or offend the injured person
Art. 264. Administering injurious substances or
beverages The penalties established by the next b. when there are circumstances adding
preceding article shall be applicable in the respective ignominy to the offense
case to any person who, without intent to kill, shall c. when the victim is either the offenders
inflict upon another any serious, physical injury, by parents, ascendants, guardians,
knowingly administering to him any injurious
substance or beverages or by taking advantage of his
curators or teachers
weakness of mind or credulity. d. when the victim is a person of rank or
ELEMENTS: person in authority, provided the crime
1. That the offender inflicted upon another is not direct assault
person any serious physical injury It falls under this article even if there was
2. That it was done knowingly administering no incapacity but the medical treatment
to him any injurious substances or was for 13 days
beverages or by taking advantage of his
weakness of mind of credulity Art. 266. Slight physical injuries and maltreatment
The crime of slight physical injuries shall be
3. He had no intent to kill punished:
1. By arresto menor when the offender has inflicted
It is frustrated murder when there is intent physical injuries which shall incapacitate the offended
to kill party for labor from one to nine days, or shall require
medical attendance during the same period.
Administering means introducing into the 2. By arresto menor or a fine not exceeding 20 pesos
body the substance, thus throwing of the and censure when the offender has caused physical
acid in the face is not contemplated. injuries which do not prevent the offended party from
engaging in his habitual work nor require medical
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assistance. b. the rape is attempted and a homicide is


3. By arresto menor in its minimum period or a fine committed by reason or on the occasion
not exceeding 50 pesos when the offender shall ill-
treat another by deed without causing any injury. thereof
3 KINDS: DEATH when
1. That which incapacitated the offended homicide is committed
party for labor from 1-9 days or required victim under 18 years and offender is:
medical attendance during the same parent
period ascendant
2. That which did not prevent the offended step-parent
party from engaging in his habitual work guardian
or which did not require medical relative by consanguinity or affinity with the
attendance (ex. Black-eye) 3rd civil degree or
3. Ill-treatment of another by deed without common law spouse of parent of victim
causing any injury (ex. slapping but c. under the custody of the police or military
without causing dishonor) authorities or any law enforcement or penal
institution
committed in full view of the spouse, parent
F. RAPE (ART 355) or any of the children or other relatives within
The Anti-Rape Law of 1997 (RA 8353) now the 3rd degree of consanguinity
classified the crime of rape as Crime Against victim is a religious engaged in legitimate
Persons incorporated into Title 8 of the RPC religious vocation or calling and is personally
known to be such by the offender before or at
to be known as Chapter 3
Elements: Rape is committed the time of the commission of the crime
By a man who have carnal knowledge of a a child below 7 years old
g. offender knows he is afflicted with HIV or
woman under any of the following
AIDS or any other sexually transmissible
circumstances:
through force, threat or intimidation disease and the virus is transmitted to the
victim
when the offended party is deprived of
h. offender; member of the AFP, or para-
reason or otherwise unconscious
military units thereof, or the PNP, or any law
by means of fraudulent machination or grave
enforcement agency or penal institution,
abuse of authority
when the offender took advantage of his
when the offended party is under 12 years of
position to facilitate the commission of the
age or is demented, even though none of the
crime
circumstances mentioned above be present
By any person who, under any of the victim suffered permanent physical mutilation
or disability
circumstances mentioned in par 1 hereof,
j. the offender knew of the pregnancy of
shall commit an ac of sexual assault by
the offended party at the time of the
inserting
commission of the crime; and
his penis into another persons mouth or anal
orifice, or k. when the offender knew of the mental
disability, emotional disorder and/or physical
any instrument or object, into the genital or
handicap or the offended party at the time of
anal orifice of another person
Rape committed under par 1 is punishable the commission of the crime
Rape committed under par 2 is punishable
by:
by:
reclusion perpetua
reclusion perpetuato DEATH when 1. prision mayor
2. prision mayor to reclusion temporal
victim became insane by reason or on the
use of deadly weapon or
occasion of rape
by two or more persons
reclusion temporal when the victim has
become insane
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reclusion temporal to reclusion pepetua b. that it is committed simulating public


rape is attempted and homicide is committed authority
reclusion perpetua homicide is committed c. that any serious physical injuries are
by reason or on occasion of rape inflicted upon the person kidnapped or
reclusion temporal committed with any of detained or threats to kill him are
the 10 aggravating circumstances mentioned made, or
above d. that the person kidnapped or detained
Notes: is a minor (except if parent is the
The underscored words are the amendments offender), female or a public officer
provided by RA 8353
Dividing age in rape: When death penalty is imposed:
less than 7 yrs old, mandatory death 1. if kidnapping is committed for the purpose
less than 12 yrs old, statutory rape of extorting ransom either from the victim
less than 18 yrs old and there is relationship or from any other person even if none of
(e.g. parent etc); mandatory death the aforementioned are present in the
commission of the offense (even if none
TITLE NINE of the circumstances are present)
CRIMES AGAINST PERSONAL LIBERTY 2. when the victim is killed or dies as a
AND SECURITY consequence of the detention or is raped
or is subjected to torture or dehumanizing
CHAPTER 1: CRIMES AGAINST LIBERTY acts

Art. 267. Kidnapping and serious illegal detention Art. 268. Slight illegal detention The penalty of
Any private individual who shall kidnap or detain reclusion temporal shall be imposed upon any private
another, or in any other manner deprive him of his individual who shall commit the crimes described in
liberty, shall suffer the penalty of reclusion perpetua to the next preceding article without the attendance of
death: any of circumstances enumerated therein.
1. If the kidnapping or detention shall have lasted
more than five days. The same penalty shall be incurred by anyone who
2. If it shall have been committed simulating public shall furnish the place for the perpetration of the
authority. crime.
3. If any serious physical injuries shall have been
inflicted upon the person kidnapped or detained; or if
threats to kill him shall have been made. If the offender shall voluntarily release the person so
4. If the person kidnapped or detained shall be a kidnapped or detained within three days from the
minor, female or a public officer. commencement of the detention, without having
attained the purpose intended, and before the
institution of criminal proceedings against him, the
The penalty shall be death where the kidnapping or penalty shall be prision mayor in its minimum and
detention was committed for the purpose of extorting medium periods and a fine not exceeding seven
ransom from the victim or any other person, even if hundred pesos.
none of the circumstances above-mentioned were
present in the commission of the offense. ELEMENTS
ELEMENTS: 1. Offender is a private person
1. Offender is a private individual 2. He kidnaps or detains another or in any
2. He kidnaps or detains another, or in any other manner deprives him of his liberty /
other manner deprives the latter of his furnished place for the perpetuation of the
liberty crime
3. The act of detention or kidnapping must 3. That the act of detention or kidnapping
be illegal must be illegal
4. That in the commission of the offense, 4. That the crime is committed without the
any of the following circumstances are attendant of any of the circumstances
present (becomes serious) enumerated in Art 267
a. that the he kidnapping/detention lasts
for more than 3 days Privileged mitigating circumstances:
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If the offender: The penalty of prision correccional and a fine not


exceeding seven hundred pesos shall be imposed
1. voluntarily releases the person so
upon anyone who shall induce a minor to abandon
kidnapped or detained within 3 days from the home of his parent or guardians or the persons
the commencement of the detention entrusted with his custody.
2. without having attained the purpose
intended and If the person committing any of the crimes covered by
3. before the institution of criminal the two preceding articles shall be the father or the
proceedings against him mother of the minor, the penalty shall be arresto
mayor or a fine not exceeding three hundred pesos,
or both.
Art. 269. Unlawful arrest The penalty of arresto
mayor and a fine not exceeding 500 pesos shall be
ELEMENTS:
imposed upon any person who, in any case other 1. That the minor (whether over or under 7)
than those authorized by law, or without reasonable is living in the home of his parents or
ground therefor, shall arrest or detain another for the guardians or the person entrusted with his
purpose of delivering him to the proper authorities. custody
ELEMENTS: 2. That the offender induces a minor to
1. That the offender arrests or detains abandon such home
another person
2. That the purpose of the offender is to Inducement must be actual, committed
deliver him to the proper authorities with criminal intent and determined by a
3. That the arrest or detention is not will to cause damage
authorized by law or there is no
Minor should not leave his home of his
reasonable ground therefor
own free will
Mitigating if by father or mother
Offender is any person, so either a public
officer or private individual Art. 272. Slavery The penalty of prision mayor and
Refers to warrantless arrests a fine of not exceeding 10,000 pesos shall be
In art 125, the detention is for some legal imposed upon anyone who shall purchase, sell,
ground while here, the detention is not kidnap or detain a human being for the purpose of
enslaving him.
authorized by law
In art 125, the crime pertains to failure to If the crime be committed for the purpose of assigning
deliver the person to the proper judicial the offended party to some immoral traffic, the penalty
authority within the prescribed period shall be imposed in its maximum period.
while here, the arrest is not authorized by ELEMENTS:
law 1. That the offender purchases. Sells,
kidnaps or detains a human being.
Section 2 Kidnapping of minors 2. That the purpose of the offender is to
enslave such human being.
Art. 270. Kidnapping and failure to return a minor NOTE: Qualifying circumstance if the
The penalty of reclusion perpetua shall be imposed purpose of the offender is to assign the
upon any person who, being entrusted with the
custody of a minor person, shall deliberately fail to offended party to some immoral traffic
restore the latter to his parents or guardians. (prostitution), the penalty is higher

ELEMENTS: Art. 273. Exploitation of child labor The penalty


of prision correccional in its minimum and medium
1. That the offender is entrusted with the periods and a fine not exceeding 500 pesos shall be
custody of a minor person (whether over imposed upon anyone who, under the pretext of
or under 7 but less than 18 yrs old) reimbursing himself of a debt incurred by an
2. That he deliberately fails to restore the ascendant, guardian or person entrusted with the
custody of a minor, shall, against the latters will,
said minor to his parents retain him in his service.
ELEMENTS:
Art. 271. Inducing a minor to abandon his home

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1. That the offender retains a minor in his 1. By failing to render assistance to any
service. person whom the offender finds in an
2. That it is against the will of the minor. inhabited place wounded or in danger of
3. That it is under the pretext of reimbursing dying, when he can render such
himself of a debt incurred by an assistance without detriment to himself,
ascendant, guardian or person entrusted unless such omission shall constitute a
with the custody of such minor. more serious offense
2. By failing to help or render assistance to
Art. 274. Services rendered under compulsion in another whom the offender has
payment of debt The penalty of arresto mayor in accidentally wounded or injured
its maximum period to prision correccional in its
minimum period shall be imposed upon any person 3. By failing to deliver a child, under 7 whom
who, in order to require or enforce the payment of a the offender has found abandoned, to the
debt, shall compel the debtor to work for him, against authorities or to his family, or by failing to
his will, as household servant or farm laborer. take him to a safe place.
ELEMENTS:
1. That the offender compels a debtor to Art. 276. Abandoning a minor The penalty of
work for him, either as household servant arresto mayor and a fine not exceeding 500 pesos
or farm laborer. shall be imposed upon any one who shall abandon a
child under seven years of age, the custody of which
2. That it is against the debtors will. is incumbent upon him.
3. That the purpose is to require or enforce
the payment of a debt. When the death of the minor shall result from such
abandonment, the culprit shall be punished by prision
CHAPTER 2: CRIMES AGAINST SECURITY correccional in its medium and maximum periods; but
if the life of the minor shall have been in danger only,
the penalty shall be prision correccional in its
Section 1 Abandonment of helpless minimum and medium periods.
persons and exploitation of minors
The provisions contained in the two preceding
Art. 275. Abandonment of person in danger and paragraphs shall not prevent the imposition of the
abandonment of ones own victim The penalty penalty provided for the act committed, when the
of arresto mayor shall be imposed upon: same shall constitute a more serious offense.
ELEMENTS:
1. Any one who shall fail to render assistance to any 1. That the offender has the custody of a
person whom he shall find in an uninhabited place
wounded or in danger of dying, when he can render child.
such assistance without detriment to himself, unless 2. That the child is under seven years of
such omission shall constitute a more serious offense. age.
2. Anyone who shall fail to help or render assistance 3. That he abandons such child.
to another whom he has accidentally wounded or
injured.
4. That he has no intent to kill the child when
3. Anyone who, having found an abandoned child the latter is abandoned.
under seven years of age, shall fail to deliver said
child to the authorities or to his family, or shall fail to Conscious, deliberate, permanent, unless
take him to a safe place.
punishable by a more serious offense
Qualifying circumstances:
ELEMENTS: a. when the death of the minor resulted
1. That place is not inhabited. from such abandonment
2. The accused found there a person b. if the life of the minor was in danger
wounded or in danger of dying. because of the abandonment
3. The accused can render assistance
without detriment to himself. Art. 277. Abandonment of minor by person
4. The accused fails to render assistance. entrusted with his custody; indifference of
parents The penalty of arresto mayor and a fine
ACTS PUNISHABLE: not exceeding 500 pesos shall be imposed upon
anyone who, having charge of the rearing or
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education of a minor, shall deliver said minor to a exhibitions of these kinds children under sixteen years
public institution or other persons, without the consent of age who are not his children or descendants.
of the one who entrusted such child to his care or in
the absence of the latter, without the consent of the 3. Any person engaged in any of the callings
proper authorities. enumerated in the next paragraph preceding who
shall employ any descendant of his under twelve
The same penalty shall be imposed upon the parents years of age in such dangerous exhibitions.
who shall neglect their children by not giving them the
education which their station in life require and 4. Any ascendant, guardian, teacher or person
financial conditions permit. entrusted in any capacity with the care of a child
ACTS PUNISHED: under sixteen years of age, who shall deliver such
By delivering a minor to a public child gratuitously to any person following any of the
institution or other persons w/o consent of callings enumerated in paragraph 2 hereof, or to any
habitual vagrant or beggar.
the one who entrusted such minor to the
care of the offender or, in the absence of If the delivery shall have been made in consideration
that one, without the consent of the of any price, compensation, or promise, the penalty
proper authorities shall in every case be imposed in its maximum period.

ELEMENTS of abandonment of minor by In either case, the guardian or curator convicted shall
person entrusted with his custody: also be removed from office as guardian or curator;
and in the case of the parents of the child, they may
1. That the offender has charged of the
be deprived, temporarily or perpetually, in the
rearing or education of a minor. discretion of the court, of their parental authority.
2. That he delivers said minor to a public
institution or other persons. 5. Any person who shall induce any child under
3. That the one who entrusted such child to sixteen years of age to abandon the home of its
the offender has not consented to such ascendants, guardians, curators, or teachers to follow
any person engaged in any of the callings mentioned
act, or if the one who entrusted such child
in paragraph 2 hereof, or to accompany any habitual
to the offender is absent; the proper vagrant or beggar.
authorities have not consented to it. ACTS PUNISHED:
4. By neglecting his (offenders) children by 1. By causing any boy or girl under 16 to
not giving them education which their perform any dangerous feat of balancing,
station in life requires and financial physical strength or contortion, the
condition permits offender being any person
2. By employing children under 16 who are
ELEMENTS of indifference of parents: not the children or descendants of the
1. That the offender is a parent. offender in exhibitions of acrobat,
2. That he neglects his children by not giving gymnast, rope-walker, diver, or wild-
them education. animal tamer or circus manager or
3. That his station in life requires such engaged in a similar calling
education and his financial condition 3. By employing any descendant under 12 in
permits it. dangerous exhibitions enumerated in the
next preceding paragraph, the offender
Art. 278. Exploitation of minors The penalty of
prision correccional in its minimum and medium
being engaged in any of said callings
periods and a fine not exceeding 500 pesos shall be 4. By delivering a child under 16 gratuitously
imposed upon: to any person following any of the callings
enumerated in par 2 or to any habitual
1. Any person who shall cause any boy or girl under vagrant or beggar, the offender being an
sixteen years of age to perform any dangerous feat of ascendant, guardian, teacher or person
balancing, physical strength, or contortion.
entrusted in any capacity with the care of
such child
2. Any person who, being an acrobat, gymnast, rope-
walker, diver, wild-animal tamer or circus manager or 5. By inducing any child under 16 to
engaged in a similar calling, shall employ in abandon the home of its ascendants;
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guardians, curators or teachers to follow everyones asleep or entrance was made


any person engaged in any of the callings through the window
mentioned in par 2 or to accompany any Prohibition is not necessary when
habitual vagrant or beggar, the offender violence or intimidation is employed by
being any person the offender
NOTE: Qualifying Circumstance: if the When there is no overt act of the crime
delivery of the child to any person following intended to be committed, this is the
any of the callings of acrobat, rope-walker, crime
diver or wild-animal trainer or circus manager May be committed even by the owner (as
or to any habitual vagrant of beggar is made against the actual occupant)
in consideration of any price, compensation Not applicable to:
or promise, the penalty is higher. a. entrance is for the purpose of
preventing harm to himself, the
Art. 279. Additional penalties for other offenses occupants or a third person
The imposition of the penalties prescribed in the
preceding articles, shall not prevent the imposition b. purpose is to render some service to
upon the same person of the penalty provided for any humanity or justice
other felonies defined and punished by this Code. c. place is a caf, tavern etc while open
Medina case: when the accused entered
Section 2 Trespass to dwelling the dwelling through the window, he had
no intent to kill any person inside, but the
Art. 280. Qualified trespass to dwelling Any intention to kill came to his mind when he
private person who shall enter the dwelling of another
against the latters will shall be punished by arresto
was being arrested by the occupants
mayor and a fine not exceeding 1,000 pesos. thereof, the crime of trespass to dwelling
is a separate and distinct offense from
If the offense be committed by means of violence or frustrated homicide
intimidation, the penalty shall be prision correccional
in its medium and maximum periods and a fine not Art. 281. Other forms of trespass The penalty of
exceeding 1,000 pesos. arresto menor or a fine not exceeding 200 pesos, or
both, shall be imposed upon any person who shall
The provisions of this article shall not be applicable to enter the closed premises or the fenced estate of
any person who shall enter anothers dwelling for the another, while either or them are uninhabited, if the
purpose of preventing some serious harm to himself, prohibition to enter be manifest and the trespasser
the occupants of the dwelling or a third person, nor has not secured the permission of the owner or the
shall it be applicable to any person who shall enter a caretaker thereof.
dwelling for the purpose of rendering some service to ELEMENTS:
humanity or justice, nor to anyone who shall enter 1. That the offender enters the closed
cafes, taverns, inn and other public houses, while the
same are open.
premises or the fenced estate of another.
ELEMENTS: 2. That the entrance is made while either of
them is uninhabited.
1. That the offender is a private person.
3. That the prohibition to enter be manifest.
2. That he enters the dwelling of another.
4. That the trespasser has not secured the
3. That such entrance is against the latters
permission of the owner or the caretaker
will.
thereof.
Qualifying circumstance: if the offense is
Section 3 Threats and coercion
committed by means of violence or
intimidation, the penalty is higher Art. 282. Grave threats Any person who shall
There must be an opposition to the entry threaten another with the infliction upon the person,
of the accused honor or property of the latter or of his family of any
Implied prohibition is present considering wrong amounting to a crime, shall suffer:
the situation late at night and
1. The penalty next lower in degree than that
prescribed by law for the crime be threatened to
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commit, if the offender shall have made the threat Aggravating circumstances: if made in
demanding money or imposing any other condition,
writing or thru a middleman
even though not unlawful, and said offender shall
have attained his purpose. If the offender shall not Frustrated if not received by the person
have attained his purpose, the penalty lower by two being threatened
degrees shall be imposed. Art 284 bond from good behavior may be
imposed (only in these offenses)
If the threat be made in writing or through a
middleman, the penalty shall be imposed in its Art. 283. Light threats Any threat to commit a
maximum period. wrong not constituting a crime, made in the manner
expressed in subdivision 1 of the next preceding
2. The penalty of arresto mayor and a fine not article, shall be punished by arresto mayor.
exceeding 500 pesos, if the threat shall not have been ELEMENTS:
made subject to a condition.
1. That the offender makes a threat to
ELEMENTS: commit a wrong.
1. That the offender threatens another 2. That the wrong does not constitute a
person with the infliction upon the latters crime.
person, honor or property, or upon that of 3. That there is a demand for money or that
the latters family, of any wrong. other condition is imposed, even though
2. That such wrong amounts to a crime. not unlawful
3. That the threat is not subject to a 4. That the offender has attained his
condition purpose or, that he has not attained his
purpose
ELEMENTS: grave threats where offender
attained his purpose: Art. 284. Bond for good behavior In all cases
1. That the offender threatens another falling within the two next preceding articles, the
person with the infliction upon the latters person making the threats may also be required to
person, honor or property, or upon that of give bail not to molest the person threatened, or if he
shall fail to give such bail, he shall be sentenced to
the latters family, of any wrong. destierro.
2. That such wrong amounts to a crime.
The wrong does not amount to a crime
3. That there is a demand for money or that
(only in these offenses)
any other condition is imposed, even
though not unlawful. Art. 285. Other light threats The penalty of
4. That the offender attains his purpose. arresto menor in its minimum period or a fine not
5. By making such threat without the exceeding 200 pesos shall be imposed upon:
offender attaining his purpose
6. By threatening another with the infliction 1. Any person who, without being included in the
upon his person, honor or property or that provisions of the next preceding article, shall threaten
another with a weapon or draw such weapon in a
of his family of any wrong amounting to a quarrel, unless it be in lawful self-defense.
crime, the threat not being subject to a
condition (Note: threat is without 2. Any person who, in the heat of anger, shall orally
condition) threaten another with some harm not constituting a
crime, and who by subsequent acts show that he did
ACTS PUNISHABLE: not persist in the idea involved in his threat, provided
that the circumstances of the offense shall not bring it
1. By threatening another with the infliction within the provisions of Article 282 of this Code.
upon his person, honor or property that of
his family of any wrong amounting to a 3. Any person who shall orally threaten to do another
crime and demanding money or imposing any harm not constituting a felony.
any other condition, even though not ELEMENTS:
unlawful and the offender (Note: threat is 1. Person shall threaten another with a
with condition) weapon, or draw weapon in a quarrel
unless in self-defense.

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2. In the heat of anger, person orally 4. That the purpose of the offender is to
threatens another with some harm apply the same to the payment of the
constituting a crime, without persisting in debt.
the idea involved in the threat.
Subsequent acts did not persist. Art. 288. Other similar coercions; (Compulsory
3. Person orally threatens another with harm purchase of merchandise and payment of wages by
means of tokens.) The penalty of arresto mayor or
not constituting a felony. a fine ranging from 200 to 500 pesos, or both, shall be
imposed upon any person, agent or officer, of any
Art. 286. Grave coercions The penalty of arresto association or corporation who shall force or compel,
mayor and a fine not exceeding 500 pesos shall be directly or indirectly, or shall knowingly permit any
imposed upon any person who, without authority of laborer or employee employed by him or by such firm
law, shall, by means of violence, prevent another from or corporation to be forced or compelled, to purchase
doing something not prohibited by law, or compel him merchandise or commodities of any kind.
to do something against his will, whether it be right or
wrong.
The same penalties shall be imposed upon any
person who shall pay the wages due a laborer or
If the coercion be committed for the purpose of employee employed by him, by means of tokens or
compelling another to perform any religious act or to objects other than the legal tender currency of the
prevent him from so doing, the penalty next higher in laborer or employee.
degree shall be imposed. ELEMENTS PAR. 1
ELEMENTS: 1. That the offender is any person, agent or
1. That a person prevented another from officer of any association or corporation.
doing something OR not to do something 2. That he or such firm or corporation has
against his will, be it right or wrong; employed laborers or employees.
2. That the prevention or compulsion be 3. That he forces or compels, directly or
effected by violence, of force as would indirectly, or knowingly permits to be
produce intimidation and control the will. forced or compelled, any of his or its
3. That the person that restrained the will laborers or employees to purchase
and liberty by another had not the merchandise or commodities of any kind
authority of law or the right to do so, or, in from his or from said firm or corporation.
other words, that the restraint shall not be
made under authority of law or in the ELEMENTS OF PAR. 2
exercise of any lawful right. 1. That the offender pays the wages due a
laborer or employee employed by him by
Art. 287. Light coercions Any person who, by
means of tokens or objects.
means of violence, shall seize anything belonging to
his debtor for the purpose of applying the same to the 2. That those tokens or objects are other
payment of the debt, shall suffer the penalty of arresto than the legal tender currency to the
mayor in its minimum period and a fine equivalent to Philippines.
the value of the thing, but in no case less than 75 3. That such employee or laborer does not
pesos.
expressly request that he be paid by
means of tokens or objects.
Any other coercions or unjust vexations shall be
punished by arresto menor or a fine ranging from 5
pesos to 200 pesos, or both. Art. 289. Formation, maintenance and prohibition
ELEMENTS: of combination of capital or labor through
violence or threats The penalty of arresto mayor
1. That the offender must be a creditor. and a fine not exceeding 300 pesos shall be imposed
2. That he seizes anything belonging to his upon any person who, for the purpose of organizing,
debtor. maintaining or preventing coalitions or capital or labor,
3. That the seizure of the thing be strike of laborers or lock-out of employees, shall
employ violence or threats in such a degree as to
accomplished by means of violence or a compel or force the laborers or employers in the free
display of material force producing and legal exercise of their industry or work, if the act
intimidation; shall not constitute a more serious offense in
accordance with the provisions of this Code.

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ELEMENTS: employee, or servant who, in such capacity, shall


1. That the offender employs violence or learn the secrets of his principal or master and shall
reveal such secrets.
threats, in such a degree as to compel or
ELEMENTS:
force the laborers or employers in the free
1. That the offender is a manager, employee
and legal exercise of their industry or
or servant.
work
2. That he learns the secrets of his principal
2. That the purpose is to organize, maintain
or master in such capacity.
or prevent coalitions of capital or labor,
3. That he reveals such secrets.
strike of laborers or lockout of employees.
Art. 292. Revelation of industrial secrets The
CHAPTER 3: DISCOVERY AND REVELATION OF penalty of prision correccional in its minimum and
SECRETS medium periods and a fine not exceeding 500 pesos
shall be imposed upon the person in charge,
Art. 290. Discovering secrets through seizure of employee or workman of any manufacturing or
correspondence The penalty of prision industrial establishment who, to the prejudice of the
correccional in its minimum and medium periods and owner thereof, shall reveal the secrets of the industry
a fine not exceeding 500 pesos shall be imposed of the latter.
upon any private individual who in order to discover ELEMENTS:
the secrets of another, shall seize his papers or letters
and reveal the contents thereof. 1. That the offender is a person in charge,
employee or workman of a manufacturing
If the offender shall not reveal such secrets, the or industrial establishment.
penalty shall be arresto mayor and a fine not 2. That the manufacturing or industrial
exceeding 500 pesos. establishment has a secret of the industry
which the offender has learned.
The provision shall not be applicable to parents, 3. That the offender reveals such secrets.
guardians, or persons entrusted with the custody of
minors with respect to the papers or letters of the
4. That the prejudice is caused to the owner.
children or minors placed under their care or study,
nor to spouses with respect to the papers or letters of TITLE TEN
either of them. CRIMES AGAINST PROPERTY
ELEMENTS:
1. That the offender is a private individual or CHAPTER 1: ROBBERY IN GENERAL
even a public officer not in the exercise of
his official function, Art. 293. Who are guilty of robbery Any person
2. That he seizes the papers or letters of who, with intent to gain, shall take any personal
another. property belonging to another, by means of violence
or intimidation of any person, or using force upon
3. That the purpose is to discover the anything shall be guilty of robbery.
secrets of such another person. ELEMENTS:
4. That offender is informed of the contents 1. That there be personal property belonging
or the papers or letters seized. to another.
2. That there is unlawful taking of that
Not applicable to parents with respect to property.
minor children 3. That the taking must be with intent to
Contents need not be secret but purpose gain, and
prevails 4. That there is violence against or
Circumstances qualifying the offense: intimidation of any person, or force upon
when the offender reveals contents of anything.
such papers or letters of another to a 3 rd
person, the penalty is higher Belonging to another person from whom
property was taken need not be the
Art. 291. Revealing secrets with abuse of office owner, legal possession is sufficient
The penalty of arresto mayor and a fine not exceeding
500 pesos shall be imposed upon any manager,
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Name of the real owner is not essential so X didnt commit crime but is X has committed a crime
long as the personal property taken does intimidated to deprive him of and gives money as way
his property to avoid arrest or
not belong to the accused except if crime prosecution
is robbery with homicide Deprived of Php thru force or Giving of Php is in one
Taking of personal property must be intimidation sense voluntary
unlawful; if given in trust estafa Neither Transaction is voluntary
As to robbery with violence or intimidation and mutual
from the moment the offender gains Ex. defendant demands
payment of P2.00 with
possession of the thing even if offender threats of arrest and
has had no opportunity to dispose of the prosecution, therefore,
same, the unlawful taking is complete robbery because (a) intent to
As to robbery with force upon things gain and (b) immediate harm
thing must be taken out of the building
Intent to gain presumed from unlawful Section 1 Robbery with violence or
taking intimidation of persons
Taking must not be under the claim of title
Art. 295. Robbery with violence against or
or ownership intimidation of persons; Penalties Any person
When theres no intent to gain but there is guilty of robbery with the use of violence against or
violence in the taking grave coercion intimidation of any person shall suffer:
Violence or intimidation must be against
the person of the offended party, not upon 1. The penalty of reclusion perpetua to death, when
the thing by reason or on occasion of the robbery, the crime of
homicide shall have been committed.
General rule: violence or intimidation 2. The penalty of reclusion temporal in its medium
must be present before the taking is period to reclusion perpetua when the robbery shall
complete have been accompanied by rape or intentional
Except: when violence results in mutilation, or if by reason or on occasion of such
robbery, any of the physical injuries penalized in
homicide, rape, intentional mutilation or subdivision 1 of Article 263 shall have been inflicted;
any of the serious physical injuries in par Provided, however, that when the robbery
1 and 2 of art 263, the taking of the accompanied with rape is committed with a use of a
property is robbery complexed with any of deadly weapon or by two or more persons, the
penalty shall be reclusion perpetua to death (As
these crimes under art 294, even if taking amended by PD No. 767).
is already complete when violence was 3. The penalty of reclusion temporal, when by reason
used by the offender or on occasion of the robbery, any of the physical
Use of force upon things entrance to the injuries penalized in subdivision 2 of the article
mentioned in the next preceding paragraph, shall
building by means described in arts 299 have been inflicted.
and 302 (offender must enter) 4. The penalty of prision mayor in its maximum period
When both violence or intimidation and to reclusion temporal in its medium period, if the
force upon things concur it is robbery violence or intimidation employed in the commission
of the robbery shall have been carried to a degree
with violence clearly unnecessary for the commission of the crime,
Robbery with Grave threats Grave coercion or when the course of its execution, the offender shall
violence have inflicted upon any person not responsible for its
Intent to gain No intent to gain None commission any of the physical injuries covered by
Immediate Intimidation; Intimidation (effect) is sub-divisions 3 and 4 of said Article 23.
harm promises some immediate and 5. The penalty of prision correccional in its maximum
future harm or offended party is period to prision mayor in its medium period in other
injury compelled to do cases. (As amended by R. A. 18).
something against his ELEMENTS:
will (w/n right or
wrong)
1. Acts punished as robbery with violence
against or intimidation of persons
2. By reason or on occasion of the robbery,
Robbery Bribery
the following are committed:
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a. homicide a. in an uninhabited place or


b. robbery accompanied with rape or b. by a band or
intentional mutilation, SPI insane, c. by attacking a moving train, street car,
imbecile, impotent or blind motor vehicle or airship, or
c. SPI lost the use of speech, hear, d. by entering the passengers
smell, eye, hand, foot, arm, leg, use of compartments in a train, or in any
any such member, incapacitated for manner taking the passengers thereof
work habitually engaged in by surprise in the respective
d. Violence/intimidation shall have been conveyances, or
carried to a degree clearly e. on a street, road, highway or alley and
unnecessary for the crime or when in the intimidation is made with the use
the cause of its execution of firearms, the offender shall be
SPI/deformity, or shall have lost any punished by the max period of the
part of the body or the use thereof or proper penalties prescribed in art 294
shall have been ill or incapacitated for
the performance of the work for > 90 Art. 295. Robbery with physical injuries,
days; > 30 days committed in an uninhabited place and by a band,
or with the use of firearm on a street, road or alley
e. Any kind of robbery with less serious If the offenses mentioned in subdivisions three,
physical injuries or slight physical four, and five of the next preceding article shall have
injuries been committed in an uninhabited place or by a band,
or by attacking a moving train, street car, motor
vehicle or airship, or by entering the passengers
SPECIAL COMPLEX CRIMES (specific compartments in a train or, in any manner, taking the
penalties prescribed) passengers thereof by surprise in the respective
1. robbery with homicide if original design conveyances, or on a street, road, highway, or alley,
is robbery and homicide is committed and the intimidation is made with the use of a firearm,
the offender shall be punished by the maximum
robbery with homicide even though
period of the proper penalties.
homicide precedes the robbery by an
appreciable time. If original design is not In the same cases, the penalty next higher in degree
robbery but robbery was committed after shall be imposed upon the leader of the band.
homicide as an afterthought 2 separate Must be alleged in the information
offenses. Still robbery with homicide if Cant be offset by generic mitigating
the person killed was an innocent Art 295 will not apply to: robbery w/
bystander and not the person robbed and homicide, rape or SPI under par 1 of art
if death supervened by mere accident. 263
2. robbery with rape intent to commit
robbery must precede rape. Prosecution Art. 296. Definition of a band and penalty incurred
of the crime need not be by offended by the members thereof When more than three
party fiscal can sign the information. armed malefactors take part in the commission of a
When rape and homicide co-exist, rape robbery, it shall be deemed to have been committed
by a band. When any of the arms used in the
should be considered as aggravating only commission of the offense be an unlicensed firearm,
and the crime is still robbery with the penalty to be imposed upon all the malefactors
homicide shall be the maximum of the corresponding penalty
3. robbery with intimidation acts done by provided by law, without prejudice of the criminal
liability for illegal possession of such unlicensed
the accused which by their own nature or
firearms.
by reason of the circumstances inspire
fear in the person against whom they are Any member of a band who is present at the
directed commission of a robbery by the band, shall be
4. qualifying circumstances in robbery with punished as principal of any of the assaults
violence or intimidation of persons, if any committed by the band, unless it be shown that he
of the offenses defined in subdivisions 3, attempted to prevent the same.
4 and 5 of Art 294 is committed: More than 3 armed malefactors
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Liability for the acts of the other members Section 2 Robbery by the use of force
of the band upon things
Conspiracy to commit robbery with
homicide even if less than 4 armed men Art. 299. Robbery in an inhabited house or public
building or edifice devoted to worship Any
Conspiracy to commit robbery only but armed person who shall commit robbery in an
homicide was committed also on the inhabited house or public building or edifice devoted
occasion thereof all members of the to religious worship, shall be punished by reclusion
band are liable for robbery with homicide temporal, if the value of the property taken shall
exceed 250 pesos, and if:
Conspiracy is presumed when 4 or more
armed persons committed robbery
(a) The malefactors shall enter the house or building
Unless the others attempted to prevent in which the robbery was committed, by any of the
the assault guilty of robbery by band following means:
only 1. Through a opening not intended for entrance or
a. he was a member of the band egress.
2. By breaking any wall, roof, or floor or breaking any
b. he was present at the commission of door or window.
a robbery by that band 3. By using false keys, picklocks or similar tools.
c. other members of the band committed 4. By using any fictitious name or pretending the
an assault exercise of public authority.
d. he did not attempt to prevent the
assault Or if

Art. 297. Attempted and frustrated robbery (b) The robbery be committed under any of the
committed under certain circumstances When following circumstances:
by reason or on occasion of an attempted or 1. By the breaking of doors, wardrobes, chests, or any
frustrated robbery a homicide is committed, the other kind of locked or sealed furniture or receptacle;
person guilty of such offenses shall be punished by 2. By taking such furniture or objects to be broken or
reclusion temporal in its maximum period to reclusion forced open outside the place of the robbery.
perpetua, unless the homicide committed shall
deserve a higher penalty under the provisions of this When the offenders do not carry arms, and the value
Code. of the property taken exceeds 250 pesos, the penalty
Whether robbery is attempted or next lower in degree shall be imposed.
frustrated, penalty is the same
Where offense committed is attempted or The same rule shall be applied when the offenders
are armed, but the value of the property taken does
frustrated robbery with serious physical not exceed 250 pesos.
injuries article 48 is applicable
When said offenders do not carry arms and the value
Art. 298. Execution of deeds by means of violence of the property taken does not exceed 250 pesos,
or intimidation Any person who, with intent to they shall suffer the penalty prescribed in the two next
defraud another, by means of violence or intimidation, preceding paragraphs, in its minimum period.
shall compel him to sign, execute or deliver any public
instrument or documents, shall be held guilty of
If the robbery be committed in one of the
robbery and punished by the penalties respectively
dependencies of an inhabited house, public building,
prescribed in this Chapter.
or building dedicated to religious worship, the
ELEMENTS: penalties next lower in degree than those prescribed
1. That the offender has intent to defraud in this article shall be imposed.
another. ELEMENTS: robbery in an inhabited house or
2. That the offender compels him to sign, public building or edifice devoted to worship:
execute, or deliver any public instrument 1. That the offender entered (a) an inhabited
or document. house, or (b) public buildings, or (c)
3. That the compulsion is by means of edifice devoted to religious worship.
violence or intimidation. 2. That the entrance was effected by any of
the following means:

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a. Through an opening not intended for False key used in opening house and
entrance or egress. not furniture inside, otherwise, theft (for
b. By breaking any wall, roof, or floor or latter to be robbery., must be broken and
breaking any door or window. not just opened)
c. By using false keys, picklocks or Gen. Rule: outside door. Exception:
similar tools or. inside door in a separate dwelling
d. By using any fictitious name or E.g. pretending to be police to be able to
pretending the exercise of public enter (not pretending after entrance)
authority.
3. That once inside the building, the offender ELEMENTS: robbery with force upon
took personal property belonging to subdivision:
another with intent to gain. 1. That the offender is inside a dwelling
Includes dependencies (stairways, house, public building, or edifice devoted
hallways, etc.) to religious worship, regardless of the
Inhabited house any shelter, ship or circumstances under which he entered it
vessel constituting the dwelling of one or 2. That the offender takes personal property
more person even though temporarily belonging to another with intent to gain,
absent dependencies, courts, corals, under any of the following circumstances.
barns, etc. a. by the breaking of doors, wardrobes,
Not included: orchard, lands for chests, or any other kind of locked or
cultivation. sealed furniture or receptacle, or
Important for robbery by use of force b. by taking such furniture or objects
upon things, it is necessary that offender away to be broken or forced open
enters the building or where object may outside the place of the robbery.
be found. NO ENTRY, NO ROBBERY
Entrance is necessary mere insertion of Entrance ( no matter how done)
hand is not enough (whole body); not to Offender may be servants or guests
get out but to enter therefore, evidence Destruction of keyhole of cabinet is
to such effect is necessary robbery here
P v. Lamahang intent to rob being When sealed box is taken out for the
present is necessary purpose of breaking it, no need to open
Place: house or building; not car already consummated robbery
Public building every building owned, Estafa if box is in the custody of acc
rented or used by the government Theft if box found outside and forced
(though owned by private persons) open
though temporarily vacant
Not robbery: passing through open door Art. 300. Robbery in an uninhabited place and by
a band The robbery mentioned in the next
but getting out of a window preceding article, if committed in an uninhabited place
Outside door must be broken, smashed. and by a band, shall be punished by the maximum
Theft if lock is merely removed or door period of the penalty provided therefor.
was merely pushed
False keys genuine keys stolen from Art. 301. What is an inhabited house, public
building or building dedicated to religious
the owner or any keys other than those worship and their dependencies Inhabited house
intended by the owner for use in the lock means any shelter, ship or vessel constituting the
Picklocks specially made, adopted for dwelling of one or more persons, even though the
commission of robbery inhabitants thereof shall temporarily be absent
therefrom when the robbery is committed.
Key stolen not by force, otherwise, its
robbery by violence and intimidation
All interior courts, corrals, waterhouses, granaries,
against persons barns, coach-houses, stables or other departments or
inclosed places contiguous to the building or edifice,
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having an interior entrance connected therewith, and 1. That the offender entered an uninhabited
which form part of the whole, shall be deemed place or a building which was not a
dependencies of an inhabited house, public building
or building dedicated to religious worship. dwelling house, not a public building, or
not an edifice devoted to religious
Orchards and other lands used for cultivation or worship.
production are not included in the terms of the next 2. That any of the following circumstances
preceding paragraph, even if closed, contiguous to was present:
the building and having direct connection therewith. a. that entrance was effected through an
opening not intended for entrance or
The term public building includes every building
egress.
owned by the Government or belonging to a private
person not included used or rented by the b. a wall, roof, floor, or outside door or
Government, although temporarily unoccupied by the window was broken.
same. c. the entrance was effected through the
use of false keys, picklocks or other
1. dependencies are all interior courts, similar tools.
corrals, warehouses, granaries or d. a door, wardrobe, chest, or any
enclosed places: sealed or closed furniture or
a. contiguous to the building receptacle was broken or
b. having an interior entrance connected e. a closed or sealed receptacle was
therewith removed, even if the same be broken
c. which form part of the whole open elsewhere.
2. Garage must have 3 requirements. 3. That with intent to gain the offender took
Exception: orchards/lands therefrom personal property belonging to
another.
Art. 302. Robbery is an uninhabited place or in a
private building Any robbery committed in an
uninhabited place or in a building other than those
Second kind of robbery with force upon
mentioned in the first paragraph of Article 299, if the things
value of the property taken exceeds 250 pesos, shall Uninhabited place is an uninhabited
be punished by prision correccional if any of the building (habitable, not any of the 3
following circumstances is present:
places mentioned)
Ex. warehouse, freight car, store.
1. If the entrance has been effected through any
opening not intended for entrance or egress. Exception: pigsty
2. If any wall, roof, flour or outside door or window has Same manner as 299 except that was
been broken. entered into was an uninhabited place or
3. If the entrance has been effected through the use a building other than the 3 mentioned in
of false keys, picklocks or other similar tools.
4. If any dorm, wardrobe, chest or by sealed or closed 299. Exception: does not include use of
furniture or receptacle has been broken. fictitious name or pretending the exercise
5. If any closed or sealed receptacle, as mentioned in of public authority
the preceding paragraph, has been removed even if Breaking of padlock (but not door) is only
the same to broken open elsewhere.
theft
When the value of the property takes does not exceed
False keys genuine keys stolen from
250 pesos, the penalty next lower in degree shall be the owner or any other keys other than
imposed. those intended by the owner for use in the
lock forcibly opened
In the cases specified in Articles 294, 295, 297, 299,
300, and 302 of this Code, when the property taken is Art. 303. Robbery of cereals, fruits, or firewood in
mail matter or large cattle, the offender shall suffer the an uninhabited place or private building In the
penalties next higher in degree than those provided in cases enumerated in Articles 299 and 302, when the
said articles. robbery consists in the taking of cereals, fruits, or
ELEMENTS: firewood, the culprit shall suffer the penalty next lower

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in degree than that prescribed in said articles. committed by them are not punishable by higher
penalties, in which case, they shall suffer such high
Art. 304. Possession of picklocks or similar tools penalties.
Any person who shall without lawful cause have in
his possession picklocks or similar tools especially If any of the arms carried by any of said persons be
adopted to the commission of the crime of robbery, an unlicensed firearms, it shall be presumed that said
shall be punished by arresto mayor in its maximum persons are highway robbers or brigands, and in case
period to prision correccional in its minimum period. of convictions the penalty shall be imposed in the
maximum period.
The same penalty shall be imposed upon any person Brigands more than three armed
who shall make such tools. If the offender be a persons forming a band
locksmith, he shall suffer the penalty of prision
correccional in its medium and maximum periods.
PURPOSE:
ELEMENTS OF ART. 304
1. Robbery in highway
1. That the offender has in his possession
2. Kidnapping for extortion or ransom.
picklocks or similar tools.
3. Any other purpose to be obtained by
2. That such picklocks or similar tools are
means of force and violence.
specially adopted to the commission of
robbery.
PRESUMPTION OF BRIGANDAGE:
3. That the offender does not have lawful
1. if members of lawless band and
cause for such possession.
possession of unlicensed firearms (any of
NOTE: Actual use of the same is not
them)
necessary
2. possession of any kind of arms (not just
Art. 305. False keys The term false keys shall be
firearm)
deemed to include: BRIGANDAGE ROBBERY IN BAND
1. The tools mentioned in the next preceding articles. Purposes are given Only to commit robbery, not
2. Genuine keys stolen from the owner. necessarily in hi-way
3. Any keys other than those intended by the owner Mere formation of a If the purpose is to commit a
for use in the lock forcibly opened by the offender. band for the above part robbery
ELEMENTS: purpose
1. Picklocks, etc. Necessary to prove that band
actually committed robbery
2. Genuine key stolen from owner.
3. Any key other than those intended by
Art. 307. Aiding and abetting a band of brigands
owner for use in the lock forcibly opened Any person knowingly and in any manner aiding,
by the offender abetting or protecting a band of brigands as described
in the next preceding article, or giving them
Possession of false keys here not information of the movements of the police or other
peace officers of the Government (or of the forces of
punishable the United States Army), when the latter are acting in
If key was entrusted and used to steal, aid of the Government, or acquiring or receiving the
not robbery (not stolen) property taken by such brigands shall be punished by
prision correccional in its medium period to prision
mayor in its minimum period.
CHAPTER 2: BRIGANDAGE
Art. 306. Who are brigands; Penalty When more It shall be presumed that the person performing any
than three armed persons form a band of robbers for of the acts provided in this article has performed them
the purpose of committing robbery in the highway, or knowingly, unless the contrary is proven.
kidnapping persons for the purpose of extortion or to ELEMENTS:
obtain ransom or for any other purpose to be attained 1. That there is a band of brigands.
by means of force and violence, they shall be deemed
highway robbers or brigands.
2. That the offender knows the band to be of
brigands.
Persons found guilty of this offense shall be punished
3. That the offender does any of the
by prision mayor in its medium period to reclusion following acts:
temporal in its minimum period if the act or acts

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a. he in any manner aids, abets or c) take


protects such band if brigands, or d) personal property
b. he gives them information of the e) of another
movements of the police or other f) without the latters consent
peace officers of the government or Those who
c. he acquires or receives the property a) having found lost property
taken by such brigands. b) fail to deliver the same to local
authorities or its owner
PD 532 brigandage. Seizure of any
person for: (a) ransom; (b) extortion or Retention of money/property found is
other unlawful purpose; (c) taking away of theft. Retention is failure to return (intent
property by violence or intimidation or to gain)
force upon things or other unlawful means Knowledge of owner is not required,
Committed by any person knowledge of loss is enough
On any Phil hi-way Finder in law is liable
Those who:
CHAPTER 3: THEFT a) after having maliciously damaged the
property of another
Art. 308. Who are liable for theft Theft is b) remove or make use of the fruits or
committed by any person who, with intent to gain but
without violence against or intimidation of persons nor
object of the damage caused by them
force upon things, shall take personal property of Killing of cattle of another which
another without the latters consent. destroyed his property and getting meat
for himself
Theft is likewise committed by: Those who:
1. Any person who, having found lost property, shall a) enter an enclosed estate or a field
fail to deliver the same to the local authorities or to its
owner; where
2. Any person who, after having maliciously damaged b) trespass is forbidden or which belongs
the property of another, shall remove or make use of to another and, without the consent of
the fruits or object of the damage caused by him; and its owner
3. Any person who shall enter an inclosed estate or a
field where trespass is forbidden or which belongs to
c) hunts or fish upon the same or gather
another and without the consent of its owner, shall fruits, cereals or other forest or farm
hunt or fish upon the same or shall gather cereals, or products
other forest or farm products.
ELEMENTS OF THEFT: Theft is consummated when offender is
1. That there be taking of personal property. able to place the thing taken under his
2. That said property belongs to another. control and in such a situation as he could
3. That the taking be done with intent to disclose of it at once (though no
gain. opportunity to dispose) i.e, the control test
4. That the taking be done without the P v. Dino applies only in theft of bulky
consent of the owner. goods (meaning there has to be capacity
5. That the taking be accomplished without to dispose of the things). Otherwise, P v.
the use of violence against or intimidation Espiritu full possession is enough
of persons or force upon things. Servant using car without permission
deemed qualified theft though use was
PERSONS LIABLE: temporary
Those who Reyes says: there must be some
a) with intent to gain character of permanency in depriving
b) but without violence against or owner of the use of the object and making
intimidation of persons not force upon himself the owner, therefore must exclude
things joyride
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Theft: if after custody (only material be.


2. The penalty of prision correccional in its medium
possession) of object was given to the
and maximum periods, if the value of the thing stolen
accused, it is actually taken by him (no is more than 6,000 pesos but does not exceed 12,000
intent to return) e.g. felonious conversion. pesos.
But it is estafa if juridical possession is 3. The penalty of prision correccional in its minimum
transferred e.g., by contract of bailment and medium periods, if the value of the property
stolen is more than 200 pesos but does not exceed
Includes electricity and gas 6,000 pesos.
inspector misreads meter to earn 4. Arresto mayor in its medium period to prision
one using a jumper correccional in its minimum period, if the value of the
property stolen is over 50 pesos but does not exceed
Selling share of co-partner is not theft 200 pesos.
Salary must be delivered first to 5. Arresto mayor to its full extent, if such value is over
employee; prior to this, taking of Php is 5 pesos but does not exceed 50 pesos.
theft 6. Arresto mayor in its minimum and medium periods,
if such value does not exceed 5 pesos.
If offender claims property as his own (in 7. Arresto menor or a fine not exceeding 200 pesos, if
good faith) not theft (though later found the theft is committed under the circumstances
to be untrue. If in bad faith theft) enumerated in paragraph 3 of the next preceding
Gain is not just Php satisfaction, use, article and the value of the thing stolen does not
exceed 5 pesos. If such value exceeds said amount,
pleasure desired, any benefit (e.g. the provision of any of the five preceding subdivisions
joyride) shall be made applicable.
Actual gain is not necessary (intent to 8. Arresto menor in its minimum period or a fine not
gain necessary) exceeding 50 pesos, when the value of the thing
stolen is not over 5 pesos, and the offender shall have
Allege lack of consent in info is important acted under the impulse of hunger, poverty, or the
difficulty of earning a livelihood for the support of
ELEMENTS PAR. 3: himself or his family.
1. That there is an enclosed estate or a field
where trespass is forbidden or which Art. 310. Qualified theft The crime of theft shall
belongs to another; be punished by the penalties next higher by two
degrees than those respectively specified in the next
2. That the offender enters the same. preceding article, if committed by a domestic servant,
3. That the offender hunts or fishes upon the or with grave abuse of confidence, or if the property
same or gathers fruits, cereals or other stolen is motor vehicle, mail matter or large cattle or
forest or farm products, and consists of coconuts taken from the premises of the
4. That the hunting or fishing or gathering of plantation or fish taken from a fishpond or fishery, or if
property is taken on the occasion of fire, earthquake,
products is without the consent of the typhoon, volcanic erruption, or any other calamity,
owner. vehicular accident or civil disturbance. (As amended
NOTE: Fish not in fishpond, otherwise, by R.A. 120 and B.P. Blg. 71. May 1, 1980).
qualified ELEMENTS:
1. Committed by domestic servant, or
Art. 309. Penalties Any person guilty of theft shall 2. With grave abuse of confidence, or
be punished by: 3. Property stolen is:
a. motor vehicle
1. The penalty of prision mayor in its minimum and b. mail matter
medium periods, if the value of the thing stolen is
more than 12,000 pesos but does not exceed 22,000 c. large cattle
pesos, but if the value of the thing stolen exceeds the d. coconut from plantation
latter amount the penalty shall be the maximum e. fish from fishpond or fishery, or
period of the one prescribed in this paragraph, and f. on occasion of calamities and civil
one year for each additional ten thousand pesos, but
disturbance.
the total of the penalty which may be imposed shall
not exceed twenty years. In such cases, and in
connection with the accessory penalties which may grave abuse high degree of
be imposed and for the purpose of the other confidence e.g. guests
provisions of this Code, the penalty shall be termed
prision mayor or reclusion temporal, as the case may
no confidence, not qualified theft
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theft material possession estafa 4. That there is intent to gain.


juridical possession
qualified: if done by one who has access Art. 313. Altering boundaries or landmarks Any
person who shall alter the boundary marks or
to place where stolen property is kept monuments of towns, provinces, or estates, or any
e.g., guards, tellers other marks intended to designate the boundaries of
novation theory applies only if theres a the same, shall be punished by arresto menor or a
relation fine not exceeding 100 pesos, or both.
industrial partner is not liable for QT ELEMENTS:
(estafa) 1. That there be boundary marks or
when accused considered the deed of monuments of towns, provinces, or
sale as sham (modus) and he had intent estates, or any other marks intended to
to gain, his absconding is QT designate the boundaries of the same.
see carnapping law: RA 6539 2. That the offender alters said boundary
motor vehicle in kabit system sold to marks.
another-theft. Motor vehicle not used as
CHAPTER 5: CULPABLE INSOLVENCY
PU in kabit system but under K of lease-
estafa
Art. 314. Fraudulent insolvency Any person who
mail matter private mail to be QT, Not shall abscond with his property to the prejudice of his
postmaster Art. 226 creditors, shall suffer the penalty of prision mayor, if
theft of large cattle he be a merchant and the penalty of prision
correccional in its maximum period to prision mayor in
its medium period, if he be not a merchant.
Art. 311. Theft of the property of the National
Library and National Museum If the property ELEMENTS: (culpable insolvency)
stolen be any property of the National Library or the 1. That the offender is a debtor; that is, he
National Museum, the penalty shall be arresto mayor was obligations due and payable.
or a fine ranging from 200 to 500 pesos, or both, 2. That he absconds with his property.
unless a higher penalty should be provided under
other provisions of this Code, in which case, the 3. That there be prejudice to his creditors.
offender shall be punished by such higher penalty.
CHAPTER 6: SWINDLING AND OTHER DECEITS
CHAPTER 4: USURPATION Art. 315. Swindling (estafa) Any person who shall
defraud another by any of the means mentioned
hereinbelow shall be punished by:
Art. 312. Occupation of real property or
usurpation of real rights in property Any person
who, by means of violence against or intimidation of 1st. The penalty of prision correccional in its
persons, shall take possession of any real property or maximum period to prision mayor in its minimum
shall usurp any real rights in property belonging to period, if the amount of the fraud is over 12,000 pesos
another, in addition to the penalty incurred for the acts but does not exceed 22,000 pesos, and if such
of violence executed by him, shall be punished by a amount exceeds the latter sum, the penalty provided
fine from 50 to 100 per centum of the gain which he in this paragraph shall be imposed in its maximum
shall have obtained, but not less than 75 pesos. period, adding one year for each additional 10,000
pesos; but the total penalty which may be imposed
If the value of the gain cannot be ascertained, a fine shall not exceed twenty years. In such cases, and in
connection with the accessory penalties which may
of from 200 to 500 pesos shall be imposed.
be imposed under the provisions of this Code, the
ELEMENTS: penalty shall be termed prision mayor or reclusion
1. That the offender takes possession of any temporal, as the case may be.
real property or usurps any real rights in
property. 2nd. The penalty of prision correccional in its
2. That the real property or real rights minimum and medium periods, if the amount of the
fraud is over 6,000 pesos but does not exceed 12,000
belong to another.
pesos;
3. That violence against or intimidation of
persons is used by the offender in 3rd. The penalty of arresto mayor in its maximum
occupying real property or usurpation real period to prision correccional in its minimum period if
rights in property.
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such amount is over 200 pesos but does not exceed proprietor or manager thereof, or by obtaining credit
6,000 pesos; and at hotel, inn, restaurant, boarding house, lodging
house, or apartment house by the use of any false
4th. By arresto mayor in its maximum period, if such pretense, or by abandoning or surreptitiously
amount does not exceed 200 pesos, provided that in removing any part of his baggage from a hotel, inn,
the four cases mentioned, the fraud be committed by restaurant, boarding house, lodging house or
any of the following means: apartment house after obtaining credit, food,
refreshment or accommodation therein without paying
for his food, refreshment or accommodation.
1. With unfaithfulness or abuse of confidence, 3. Through any of the following fraudulent means:
namely: (a) By inducing another, by means of deceit, to sign
any document.
(a) By altering the substance, quantity, or quality or (b) By resorting to some fraudulent practice to insure
anything of value which the offender shall deliver by success in a gambling game.
virtue of an obligation to do so, even though such (c) By removing, concealing or destroying, in whole or
obligation be based on an immoral or illegal in part, any court record, office files, document or any
consideration. other papers.
(b) By misappropriating or converting, to the prejudice ELEMENTS of estafa in general:
of another, money, goods, or any other personal 1. That the accused defrauded another (a.)
property received by the offender in trust or on
commission, or for administration, or under any other by abuse of confidence, or (b) or means
obligation involving the duty to make delivery of or to of deceit and
return the same, even though such obligation be 2. That damage or prejudice capable of
totally or partially guaranteed by a bond; or by pecuniary estimation is caused to the
denying having received such money, goods, or other
property.
offended party or third person
(c) By taking undue advantage of the signature of the
offended party in blank, and by writing any document ELEMENTS of estafa with unfaithfulness:
above such signature in blank, to the prejudice of the 1. That the offender has an onerous
offended party or of any third person. obligation to deliver something of value.
2. That he alters its substance, quantity, or
2. By means of any of the following false pretenses or
fraudulent acts executed prior to or simultaneously
quality.
with the commission of the fraud: 3. That damage or prejudice is caused to
another.
(a) By using fictitious name, or falsely pretending to
possess power, influence, qualifications, property, ELEMENTS of estafa with abuse of confidence
credit, agency, business or imaginary transactions, or under subdivision no.1 par. (b)
by means of other similar deceits. 1. That money, goods, or other personal
(b) By altering the quality, fineness or weight of
anything pertaining to his art or business.
property be received by the offender in
(c) By pretending to have bribed any Government trust, or on commission, or for
employee, without prejudice to the action for calumny administration, or under any other
which the offended party may deem proper to bring obligation involving the duty to make
against the offender. In this case, the offender shall delivery of or to return, the same.
be punished by the maximum period of the penalty.
(d) [By post-dating a check, or issuing a check in 2. That there be misappropriation or
payment of an obligation when the offender therein conversion of such money or property by
were not sufficient to cover the amount of the check. the offender, or dental on his part of such
The failure of the drawer of the check to deposit the receipt.
amount necessary to cover his check within three (3)
days from receipt of notice from the bank and/or the
3. That such misappropriation or conversion
payee or holder that said check has been dishonored or dental is to the prejudice of another
for lack of insufficiency of funds shall be prima facie and
evidence of deceit constituting false pretense or 4. That there is a demand made by the
fraudulent act. (As amended by R.A. 4885, approved offended party to the offender.
June 17, 1967.)]
(e) By obtaining any food, refreshment or
accommodation at a hotel, inn, restaurant, boarding 2ND ELEMENT of estafa with abuse of confidence
house, lodging house, or apartment house and the under paragraph (b), subdivision n0.1
like without paying therefor, with intent to defraud the 3 WAYS OF COMMITTING:
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1. By misappropriating the thing received. received for specific purpose and is


2. By converting the thing received. misappropriated estafa!
3. By denying that the thing was received. Failure to account after the DEMAND is
circumstantial evidence of
Unfaithful or Abuse of Confidence misappropriation
a. by altering the substance DEMAND is not a condition precedent to
b. existing obligation to deliver even if existence of estafa when
it is not a subject of lawful commerce misappropriation may be established by
c. thing delivered has not been fully or other proof
partially paid for not estafa In theft, upon delivery of the thing to the
no agreement as to quality No estafa if offender, the owner expects an immediate
delivery is unsatisfactory return of the ting to him otherwise,
By misappropriating and converting Estafa
a. thing is received by offender under Servant, domestic or employee who
transactions transferring juridical misappropriates a thing he received from
possession, not ownership his master is NOT guilty of estafa but of
b. under PD 115 (Trust Receipts Law) qualified theft
failure to turn over to the bank the Estafa with abuse of Malversation
proceeds of the sale of the goods confidence
covered by TR Estafa Offenders are entrusted with offenders are entrusted
funds or property and are with funds or property and
c. same thing received must be returned continuing offenses are continuing offenses
otherwise estafa; sale on credit by Funds: always private Funds: public funds or
agency when it was to be sold for property
cash estafa Offender: private individual, Offender: public officer
d. Estafa not affected by Novation of or public officer not accountable for public
Contract because it is a public offense accountable funds
e. Novation must take place before Committed by Committed by
misappropriating, appropriating, taking,
criminal liability was incurred or converting, denying having misappropriating
perhaps prior to the filing of the received money
criminal information in court by state ELEMENTS of estafa by taking undue advantage
prosecutors of the signature in blank:
f. Misappropriating to take something 1. That the paper with the signature of the
for ones own benefit offended party be in blank.
g. Converting act of using or disposing 2. That the offended party should have
of anothers property as if it was ones delivered it to offender.
own; thing has been devoted for a 3. That above the signature of the offended
purpose or use different from that party a document is written by the
agreed upon offender without authority to do so.
There must be prejudice to another not 4. That the document so written creates a
necessary that offender should obtain liability of, or causes damage to, the
gain offended party or any third person.
When in the prosecution for malversation NOTE: If the paper with signature in blank
the public officer is acquitted, the private was stolen Falsification if by making it
individual allegedly in conspiracy with him appear that he participated in a transaction
may be held liable for estafa when in fact he did not so participate.
Partners No estafa of money or
property received for the partnership ELEMENTS of estafa by means of deceit:
when the business is commercial and 1. That there must be a false pretense,
profits accrued. BUT if property is fraudulent means must be made or
executed prior to or

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2. That such false pretense, fraudulent act 2. That the check is made or drawn and
or fraudulent means must be made or issued to apply on account or for value.
executed prior to or simultaneously with 3. That the person who makes or draws and
the commission of the fraud. issues the check knows at the time of
3. That the offended party must have relied issue that he does not have sufficient
on the false pretense, fraudulent act, or funds in or credit with the drawee bank for
fraudulent means, that is, he was induced the payment of such check in full upon its
to part with his money or property presentment.
because of the false pretense, fraudulent That the check is subsequently
act, or fraudulent means. dishonored by the drawee bank for
4. That as a result thereof, the offended insufficiency of funds or credit, or
party suffered damage. would have been
Dishonored for the same reason had not
False pretenses or fraudulent acts the drawee, without any valid reason,
executed prior to or simultaneously with ordered the bank to stop payment.
delivery of the thing by the complainant NOTE: Failure to make good within 5 banking
There must be evidence that the pretense days prima facie evidence of knowledge of
of the accused that he possesses lack and insufficiency
power/influence is false.
ELEMENTS of the offense defined in the second
ELEMENTS of estafa by postdating a check or paragraph of section 1: BP 22
issuing a check in payment of an obligation: 1. That a person has sufficient funds in or
1. That the offender postdated a check, or credit with the drawee bank when he
issued a check in payment of an makes or draws and issues a check.
obligation. 2. That he fails to keep sufficient funds or to
2. That such postdatig or issuing a check maintain a credit to cover the full amount
was done when the offender had no funds of the check if presented within a period
in the bank or his funds deposited therein of 90 days from the date appearing
were not sufficient to cover the amount of thereon.
the check. 3. That the check is dishonored by the
Good faith is a defense. (PP. VS. drawee bank.
VILLAPANDO, 56 PHIL.31) NOTE: Failure to make good within 5 banking
Dishonor from lack of funds to prima facie days prima facie evididence of knowledge of
evidence of deceit or failure to make good lack and insufficiency
within three days after notice of.
No funds in the bank or his funds are not ELEMENTS of estafa by inducing another to sign
sufficient any documents:
If check was issued in payment of pre- 1. That the offender induced the offended
existing debt no estafa party to sign a document.
2. That deceit be employed to make him
Offender must be able to obtain
sign the document.
something from the offended party by
3. That the offended party personally signed
means of the check he issues and
the document.
delivers
4. That prejudice be caused.
If postdating a check issued as mere NOTE: If offended party willingly signed the
guarantee/promissory note no estafa.
document and there was deceit as to the
character or contents of the document
ELEMENTS of offense defined in the first
paragraph of section 1: BP 22
falsification; but where the accused made
1. That a person makes or draws and issues representation to mislead the complainants
any check. as to the character of the documents estafa

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ELEMENTS of estafa by removing, concealing or encumbering or mortgaging the real


destroying documents: property).
1. That there be court records, office files, 4. That the act be made to the prejudice of
documents or any other papers. the owner or a third person.
2. That the offender removed, concealed or ESTAFA INFIDELITY IN THE CUSTODY
destroyed any of them. OF DOCUMENTS
3. That the offender had intent to defraud Private individual Public officer entrusted
another. was entrusted
NOTE: No intent to defraud destroying or Intent to defraud No intent to defraud
removal = malicious mischief ELEMENTS OF SWINDLING PAR 2:
1. That the thing disposed of be real
ELEMENTS of damage or prejudice may consist property.
of the ff: 2. That the offender knew that the real
1. The offender party being deprived of his property was encumbered, whether the
money or property, as a result of the encumbrance is recorded or not.
defraudation. 3. That there must be express
2. Disturbance in property right or representation by the offender that the
3. Temporary prejudice. real property is free from encumbrance.
4. That the act of disposing of the real
Art. 316. Other forms of swindling The penalty of property be made to the damage of
arresto mayor in its minimum and medium period and another.
a fine of not less than the value of the damage
caused and not more than three times such value,
shall be imposed upon: ELEMENTS OF SWINDLING PAR 3:
1. That the offender is the owner of personal
1. Any person who, pretending to be owner of any property.
real property, shall convey, sell, encumber or 2. That said personal property is in the
mortgage the same. lawful possession of another.
2. Any person, who, knowing that real property is
encumbered, shall dispose of the same, although
3. That the offender wrongfully takes it from
such encumbrance be not recorded. its lawful possessor.
3. The owner of any personal property who shall 4. That prejudice is thereby caused to the
wrongfully take it from its lawful possessor, to the possessor or third person.
prejudice of the latter or any third person.
4. Any person who, to the prejudice of another, shall
execute any fictitious contract.
ELEMENTS OF SWINDLING PAR 6:
5. Any person who shall accept any compensation 1. That the offender is a surety in a bond
given him under the belief that it was in payment of given in a criminal or civil action.
services rendered or labor performed by him, when in 2. That he guaranteed the fulfillment of such
fact he did not actually perform such services or labor.
6. Any person who, while being a surety in a bond
obligation with his real property or
given in a criminal or civil action, without express properties.
authority from the court or before the cancellation of 3. That he sells, mortgages, or, in any other
his bond or before being relieved from the obligation manner encumbers said real property.
contracted by him, shall sell, mortgage, or, in any 4. That such sale, mortage or encumbrance
other manner, encumber the real property or
properties with which he guaranteed the fulfillment of is (a) without express authority from the
such obligation. court, or (b) made before the cancellation
ELEMENTS OF SWINDLING PAR 1: of his bond, or (c) before being relieved
1. That the thing be immovable, such as a from the obligation contracted by him.
parcel of land or a building.
2. That the offender who is not the owner of Art. 317. Swindling a minor Any person who
taking advantage of the inexperience or emotions or
said property represented that he is the feelings of a minor, to his detriment, shall induce him
owner thereof. to assume any obligation or to give any release or
3. That the offender should have executed execute a transfer of any property right in
an act of ownership (selling, leasing, consideration of some loan of money, credit or other

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personal property, whether the loan clearly appears in ELEMENTS of selling or pledging personal
the document or is shown in any other form, shall property already pledged:
suffer the penalty of arresto mayor and a fine of a 1. That personal property is already pledged
sum ranging from 10 to 50 per cent of the value of the
obligation contracted by the minor. under the terms of the chattel mortgage
ELEMENTS: law.
1. That the offender takes advantage of the 2. That the offender, who is the mortgagee
inexperience or emotions or feelings of a of such property, sells or pledges the
minor. same or any part thereof.
2. That he induces such minor (a) ro 3. That there is no consent of the mortgagee
assume an obligation, or (b) to give written on the back of the mortgage and
release, or (c) to execute a transfer of any noted on the record thereof in the office of
property right. the register of deeds.
3. That the consideration is (a) some loan of
money (b) credit or (c) other personal ELEMENTS of knowingly removing mortgaged
personal property:
property.
1. That personal property is mortgaged
4. That the transaction is to the detriment of
under the chattel mortage law.
such minor.
2. That the offender knows that such
Art. 318. Other deceits The penalty of arresto
property is so mortaged.
mayor and a fine of not less than the amount of the 3. That he removes such mortgaged
damage caused and not more than twice such personal to any province or city other than
amount shall be imposed upon any person who shall the one in which it was located at the time
defraud or damage another by any other deceit not of the execution of the mortgage.
mentioned in the preceding articles of this chapter.
4. That the removal is permanent.
Any person who, for profit or gain, shall interpret
5. That there is no written consent of the
dreams, make forecasts, tell fortunes, or take mortgagee or his executors,
advantage of the credulity of the public in any other administration or assigns to such
similar manner, shall suffer the penalty of arresto removal.
mayor or a fine not exceeding 200 pesos.
ELEMENTS: CHAPTER 8: ARSON AND OTHER CRIMES
1. not mentioned above; INVOLVING DESTRUCTIONS
2. interpretation of dreams, forecast, future-
telling for profit or gain. NOTE: PD 1613 expressly repealed or
amended Arts 320-326, but PD 1744 revived
CHAPTER 7: CHATTEL MORTGAGE Art 320

Art. 319. Removal, sale or pledge of mortgaged Art. 320. Destructive arson The penalty of
property The penalty or arresto mayor or a fine reclusion temporal in its maximum period to reclusion
amounting to twice the value of the property shall be perpetua shall be imposed upon any person who shall
imposed upon: burn:

1. Any person who shall knowingly remove any 1. Any arsenal, shipyard, storehouse or military
personal property mortgaged under the Chattel powder or fireworks factory, ordinance, storehouse,
Mortgage Law to any province or city other than the archives or general museum of the Government.
one in which it was located at the time of the 2. Any passenger train or motor vehicle in motion or
execution of the mortgage, without the written consent vessel out of port.
of the mortgagee, or his executors, administrators or 3. In an inhabited place, any storehouse or factory of
assigns. inflammable or explosive materials.
2. Any mortgagor who shall sell or pledge personal
property already pledged, or any part thereof, under
Art. 321. Other forms of arson When the arson
the terms of the Chattel Mortgage Law, without the
consists in the burning of other property and under
consent of the mortgagee written on the back of the
the circumstances given hereunder, the offender shall
mortgage and noted on the record hereof in the office
be punishable:
of the Register of Deeds of the province where such
property is located.
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1. By reclusion temporal or reclusion perpetua: imposed.


(a) if the offender shall set fire to any building, 6. The penalty of prision correccional in its
farmhouse, warehouse, hut, shelter, or vessel in port, medium and maximum periods, if the damage
knowing it to be occupied at the time by one or more caused in the case mentioned in paragraph (b) of
persons; subdivision 3 of this article does not exceed 6,000
(b) If the building burned is a public building and value pesos but is over 200 pesos.
of the damage caused exceeds 6,000 pesos; 7. The penalty of prision correccional in its
(c) If the building burned is a public building and the minimum and medium periods, if the damage
purpose is to destroy evidence kept therein to be caused in the case mentioned paragraph (b)
used in instituting prosecution for the punishment of subdivision 3 of this article does not exceed 200
violators of the law, irrespective of the amount of the pesos.
damage; 8. The penalty of arresto mayor and a fine ranging
(d) If the building burned is a public building and the from fifty to one hundred per centum if the
purpose is to destroy evidence kept therein to be damage caused shall be imposed, when the
used in legislative, judicial or administrative property burned consists of grain fields, pasture
proceedings, irrespective of the amount of the lands, forests, or plantations when the value of such
damage; Provided, however, That if the evidence property does not exceed 200 pesos. (As amended
destroyed is to be used against the defendant for the by R.A. 5467, approved May 12, 1969).
prosecution of any crime punishable under existing
laws, the penalty shall be reclusion perpetua; Art. 322. Cases of arson not included in the
(e) If the arson shall have been committed with the preceding articles Cases of arson not included in
intention of collecting under an insurance policy the next preceding articles shall be punished:
against loss or damage by fire.
2. By reclusion temporal:
(a) If an inhabited house or any other building in 1. By arresto mayor in its medium and maximum
which people are accustomed to meet is set on fire, periods, when the damage caused does not exceed
and the culprit did not know that such house or 50 pesos;
building was occupied at the time, or if he shall set fire 2. By arresto mayor in its maximum period to prision
to a moving freight train or motor vehicle, and the correccional in its minimum period, when the damage
value of the damage caused exceeds 6,000 pesos; caused is over 50 pesos but does not exceed 200
(b) If the value of the damage caused in paragraph (b) pesos;
of the preceding subdivision does not exceed 6,000 3. By prision correccional in its minimum and medium
pesos; periods, if the damage caused is over 200 pesos but
(c) If a farm, sugar mill, cane mill, mill central, bamboo does not exceed 1,000 pesos; and
groves or any similar plantation is set on fire and the 4. By prision correccional in its medium and maximum
damage caused exceeds 6,000 pesos; and periods, if it is over 1,000 pesos.
(d) If grain fields, pasture lands, or forests, or
plantings are set on fire, and the damage caused Art. 323. Arson of property of small value The
exceeds 6,000 pesos. arson of any uninhabited hut, storehouse, barn, shed,
3. By prision mayor: or any other property the value of which does not
(a) If the value of the damage caused in the case exceed 25 pesos, committed at a time or under
mentioned in paragraphs (a), (c), and (d) in the next circumstances which clearly exclude all danger of the
preceding subdivision does not exceed 6,000 pesos; fire spreading, shall not be punished by the penalties
(b) If a building not used as a dwelling or place of respectively prescribed in this chapter, but in
assembly, located in a populated place, is set on fire, accordance with the damage caused and under the
and the damage caused exceeds 6,000 pesos; provisions of the following chapter.
4. By prision correccional in its maximum period
to prision mayor in its medium period: Art. 324. Crimes involving destruction Any
(a) If a building used as dwelling located in an person who shall cause destruction by means of
uninhabited place is set on fire and the damage explosion, discharge of electric current, inundation,
caused exceeds 1,000 pesos; sinking or stranding of a vessel, intentional damaging
(b) If the value or the damage caused in the case of the engine of said vessel, taking up the rails from a
mentioned in paragraphs (c) and (d) of subdivision 2 railway track, maliciously changing railway signals for
of this article does not exceed 200 pesos. the safety of moving trains, destroying telegraph wires
5. By prision correccional in its medium period to and telegraph posts, or those of any other system,
prision mayor in its minimum period, when the and, in general, by using any other agency or means
damage caused is over 200 pesos but does not of destruction as effective as those above
exceed 1,000 pesos, and the property referred to in enumerated, shall be punished by reclusion temporal
paragraph (a) of the preceding subdivision is set on if the commission has endangered the safety of any
fire; but when the value of such property does not person, otherwise, the penalty of prision mayor shall
exceed 200 pesos, the penalty next lower in degree be imposed.
than that prescribed in this subdivision shall be
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Art. 325. Burning ones own property as means to 1. If after the fire, are found materials or substances
commit arson Any person guilty of arson or soaked in gasoline, kerosene, petroleum, or other
causing great destruction of the property belonging to inflammables, or any mechanical, electrical chemical
another shall suffer the penalties prescribed in this or traces or any of the foregoing.
chapter, even though he shall have set fire to or
destroyed his own property for the purposes of 2. That substantial amount of inflammable substance
committing the or materials were stored within the building not
ELEMENTS of arsons of property of small necessary in the course of the defendants business;
values: and
1. That an uninhabited hut, storehouse,
barn, shed or any other property is 3. That the fire started simultaneously in more than
burned one part of the building or locale under circumstances
2. That the value of the property burned that cannot normally be due to accidental or
unintentional causes: Provided, however, That at
does not exceed 25 pesos least one of the following is present in any of the three
3. That the burning was done at a time or above-mentioned circumstances:
under circumstances which clearly
exclude all danger of the fire spreading (a) That the total insurance carried on the building
and/or goods is more than 80 per cent of the value of
ELEMENTS of crime involving destruction: such building and/or goods at the time of the fire;
(b) That the defendant after the fire has presented a
1. That the offender causes destruction of fraudulent claim for loss.
the property
2. That the destruction was done by means The penalty of prision correccional shall be imposed
of: on one who plants the articles above-mentioned, in
a. explosion order to secure a conviction, or as a means of
b. discharge of electric current extortion or coercion. (As amended by R.A. 5467,
approved May 12, 1969).
c. inundation
ELEMENTS of arson:
d. sinking or stranding of a vessel
1. That the property burned is the exclusive
e. damaging the engine of the vessel
property of the offender
f. taking up rails from the railway track
2. That (a) the purpose of the offender is
g. destroying telegraph wires and posts
burning it is to defraud or cause damage
or those of any other system
to another or (b) prejudice is actually
h. other similar effective means of
caused, or (c) the thing burned is a
destruction
building in an inhabited place
ELEMENTS of burning ones property as a
means to commit arson:
1. That the offender set fire to or destroyed CHAPTER 9: MALICIOUS MISCHIEF
his own property
Art. 327. Who are liable for malicious mischief
2. That the purpose of the offender in doing Any person who shall deliberately cause the property
so was to commit arson or to cause a of another any damage not falling within the terms of
great destruction the next preceding chapter shall be guilty of malicious
3. That the property belonging to another mischief.
was burned or destroyed ELEMENTS:
1. That the offender deliberately caused
Art. 326-A. In cases where death resulted as a damage to the property of another.
consequence of arson If death resulted as a 2. That such act does not constitute arson or
consequence of arson committed on any of the other crimes involving destruction.
properties and under any of the circumstances
mentioned in the preceding articles, the court shall 3. That the act damaging anothers property
impose the death penalty. be committed merely for the sake of
damaging it.
Art. 326-B. Prima facie evidence of arson Any of
the following circumstances shall constitute prima Malicious mischief willful damaging of
facie evidence of arson:
anothers property for the sake of causing
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damage due to hate, revenge or other evil ELEMENTS:


motive 1. Not included in 328
No negligence a. scattering human excrement
Example. Killing the cow as revenge b. killing of cow as an act of revenge
If no malice only civil liability
Damage is also diminution in value Art. 330. Damage and obstruction to means of
communication. The penalty of prision
But after damaging the thing, he used it = correccional in its medium and maximum periods
theft shall be imposed upon any person who shall damage
Damage is not incident of a crime any railway, telegraph or telephone lines.
(breaking windows in robbery)
If the damage shall result in any derailment of cars,
Art. 328. Special cases of malicious mischief. collision or other accident, the penalty of prision
Any person who shall cause damage to obstruct the mayor shall be imposed, without prejudice to the
performance of public functions, or using any criminal liability of the offender for the other
poisonous or corrosive substance; or spreading any consequences of his criminal act.
infection or contagion among cattle; or who cause
damage to the property of the National Museum or For the purpose of the provisions of the article, the
National Library, or to any archive or registry, electric wires, traction cables, signal system and other
waterworks, road, promenade, or any other thing things pertaining to railways, shall be deemed to
used in common by the public, shall be punished: constitute an integral part of a railway system.
ELEMENTS:
1. By prision correccional in its minimum and medium Done by damaging railways, telegraph,
periods, if the value of the damage caused exceeds telephone lines, electric wires, traction
1,000 pesos;
2. By arresto mayor, if such value does not exceed
cables, signal system of railways
the abovementioned amount but it is over 200 pesos; Removing rails from tracks is destruction
and (art 324)
3. By arresto menor, in such value does not exceed Not applicable when telegraph/phone
200 pesos.
lines dont pertain to railways (example:
SPECIAL CASES of malicious mischief:
for transmission of electric power/light)
1. Obstruct performance of public functions.
People killed as a result:
2. Using poisonous or corrosive substances.
3. Spreading infection or contagious among Circumstance qualifying the offense if the
cattle. damage shall result in any derailment of
4. Damage to property of national museum cars, collision or other accident a higher
or library, archive, registry, waterworks, penalty shall be imposed
road, promenade, or any other thing ised Murder if derailment is means of intent
in common by the public. to kill
NOTE: Qualified malicious mischief no None art 48
uprising or sedition (#1)
Art. 331. Destroying or damaging statues, public
monuments or paintings. Any person who shall
Art. 329. Other mischiefs. The mischiefs not destroy or damage statues or any other useful or
included in the next preceding article shall be ornamental public monument shall suffer the penalty
punished: of arresto mayor in its medium period to prision
correccional in its minimum period.
1. By arresto mayor in its medium and maximum
periods, if the value of the damage caused exceeds
Any person who shall destroy or damage any useful
1,000 pesos; or ornamental painting of a public nature shall suffer
2. By arresto mayor in its minimum and medium the penalty of arresto menor or a fine not exceeding
periods, if such value is over 200 pesos but does not 200 pesos, or both such fine and imprisonment, in the
exceed 1,000 pesos; and discretion of the court.
3. By arresto menor or fine of not less than the value
of the damage caused and not more than 200 pesos,
if the amount involved does not exceed 200 pesos or CHAPTER 10: EXEMPTION FROM CRIMINAL
cannot be estimated. LIABILITY IN CRIMES AGAINST PROPERTY

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Art. 332. Persons exempt from criminal liability Adultery shall be punished by prision correccional in
No criminal, but only civil liability, shall result from the its medium and maximum periods.
commission of the crime of theft, swindling or
malicious mischief committed or caused mutually by If the person guilty of adultery committed this offense
the following persons: while being abandoned without justification by the
1. Spouses, ascendants and descendants, or offended spouse, the penalty next lower in degree
relatives by affinity in the same line.ch than that provided in the next preceding paragraph
2. The widowed spouse with respect to the property shall be imposed.
which belonged to the deceased spouse before
the same shall have passed into the possession ELEMENTS:
of another; and 1. That the woman is married (even if
3. Brothers and sisters and brothers-in-law and marriage subsequently declared void)
sisters-in-law, if living together. 2. That she has sexual intercourse with a
The exemption established by this article shall not be
man not her husband.
applicable to strangers participating in the 3. That as regards the man with whom she
commission of the crime. has sexual intercourses, he must know
Persons exempt from criminal liability: her to be married.
1. Spouse, ascendants and descendants or
relatives by affinity in the same line mitigated if wife was abandoned without
2. The widowed spouse with respect to the justification by the offended spouse (man
property w/c belonged to the deceased is not entitled to this mitigating
spouse before the same passed into the circumstance)
possession of another attempted: caught disrobing a lover
3. Brothers and sisters and brothers-in-law
and sisters-in-law, if living together Art. 334. Concubinage Any husband who shall
keep a mistress in the conjugal dwelling, or shall have
sexual intercourse, under scandalous circumstances,
Offenses involved in the exemption: with a woman who is not his wife, or shall cohabit with
1. Theft her in any other place, shall be punished by prision
2. Swindling correccional in its minimum and medium periods.
3. Malicious mischief
The concubine shall suffer the penalty of destierro.
Exemption is based on family relations ELEMENTS:
Parties to the crime not related to the 1. That the man must be married.
offended party still remains criminally 2. That he committed any of the following
liable acts:
Persons exempt include: 3. Keeping a mistress in the conjugal
stepfather/mother (ascendants by affinity) dwelling.
a. adopted children (descendants) 4. Having sexual intercourse under
b. concubine/paramour (spouse) scandalous circumstances with a woman
c. common law spouse (propert is part of who is not his wife.
their earnings) 5. Cohabiting with her in any other place.
6. That as regards the woman she must
TITLE ELEVEN know him to be married.
CRIMES AGAINST CHASTITY NOTE: Scandal consists in any
reprehensible word/deed that offends public
CHAPTER 1: ADULTERY AND CONCUBINAGE conscience, redounds to the detriment of the
feelings of honest persons and gives
Art. 333. Who are guilty of adultery Adultery is occasions to the neighbors spiritual damage
committed by any married woman who shall have and ruin
sexual intercourse with a man not her husband and
by the man who has carnal knowledge of her knowing
her to be married, even if the marriage be CHAPTER 2: RAPE AND ACTS OF
subsequently declared void. LASCIVIOUSNESS

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Art. 335. When and how rape is committed with the education or custody of the woman seduced,
Rape is committed by having carnal knowledge of a shall be punished by prision correccional in its
woman under any of the following circumstances: minimum and medium periods.

1. By using force or intimidation; The penalty next higher in degree shall be imposed
2. When the woman is deprived of reason or upon any person who shall seduce his sister or
otherwise unconscious; and descendant, whether or not she be a virgin or over
3. When the woman is under twelve years of age, eighteen years of age.
even though neither of the circumstances mentioned
in the two next preceding paragraphs shall be Under the provisions of this Chapter, seduction is
present. committed when the offender has carnal knowledge of
The crime of rape shall be punished by reclusion any of the persons and under the circumstances
perpetua. described herein.
TWO CLASSES:
Whenever the crime of rape is committed with the use
1. Seduction of a virgin over 12 and under
of a deadly weapon or by two or more persons, the
penalty shall be reclusion perpetua to death. 18 years of age by certain persons, such
as a person in authority, priest, teachers
When by reason or on the occasion of the rape, the etc and
victim has become insane, the penalty shall be death. 2. Seduction of a sister by her brother or
descendant by her ascendant, regardless
When rape is attempted or frustrated and a homicide of her age or reputation (incestuous
is committed by reason or on the occasion thereof, seduction)
the penalty shall be likewise death.
ELEMENTS:
When by reason or on the occasion of the rape, a
homicide is committed, the penalty shall be death. (As 1. That the offended party is a virgin, which
amended by R.A. 2632, approved June 18, 1960, and is (presumed if she unmarried and of
R.A. 4111, approved June 20, 1964). good reputation.)
2. That she must be over 12 and under 18
Art. 336. Acts of lasciviousness Any person who years of age.
shall commit any act of lasciviousness upon other 3. That the offender has sexual intercourse
persons of either sex, under any of the circumstances
mentioned in the preceding article, shall be punished with her.
by prision correccional. 4. That there is abuse of authority,
ELEMENTS of acts of lasciviousness: confidence or relationship on the part of
1. That the offender commits any act of the offender ( person entrusted with
lasciviousness or lewdness. education or custody of victim; person in
2. That it is done under any of the following public authority, priest; servant)
circumstances:
a. by using force or intimidation, or PERSONS LIABLE:
b. when the offended party is deprived of 1. Those who abuse their authority:
reason or otherwise unconscious, or a. persons in public authority
c. when the offended party is under 12 b. guardian
years of age. c. teacher
3. That the offended party is another person d. person who, in any capacity, is
of either sex. entrusted with the education or
custody of the woman seduced
CHAPTER 3: SEDUCTION, CORRUPTION OF 2. Those who abused the confidence
MINORS AND WHITE SLAVE TRADE reposed in them:
a. priest
Art. 337. Qualified seduction The seduction of a b. house servant
virgin over twelve years and under eighteen years of c. domestic
age, committed by any person in public authority,
priest, home-servant, domestic, guardian, teacher, or 3. Those who abused their relationship:
any person who, in any capacity, shall be entrusted a. brother who seduced his sister

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b. ascendant who seduced his imposed upon any person who, in any manner, or
descendant under any pretext, shall engage in the business or
shall profit by prostitution or shall enlist the services of
any other for the purpose of prostitution (As amended
Art. 338. Simple seduction The seduction of a by BP Blg. 186.)
woman who is single or a widow of good reputation,
over twelve but under eighteen years of age,
ACTS PENALIZED:
committed by means of deceit, shall be punished by 1. Engaging in the business of
arresto mayor. prostitution
2. Profiting by prostitution
ELEMENTS: 3. Enlisting the servicxe of women for
1. That the offended party is over 12 and the purpose of prostitution
under 18 years of age.
2. That she must be of good reputation, CHAPTER 4: ABDUCTION
single or widow.
3. That the offender has sexual intercourse Art. 342. Forcible abduction The abduction of
any woman against her will and with lewd designs
with her. shall be punished by reclusion temporal.
4. That it is committed by means of deceit.
NOTE: common form is unconditional The same penalty shall be imposed in every case, if
promise to marry the female abducted be under twelve years of age.
ELEMENTS:
Art. 339. Acts of lasciviousness with the consent 1. That the person abducted is any woman,
of the offended party The penalty of arresto
mayor shall be imposed to punish any other acts of
regardless of her age, civil status, or
lasciviousness committed by the same persons and reputation.
the same circumstances as those provided in Articles 2. That the abduction is against her will.
337 and 338. 3. That the abduction is with lewd designs.
ELEMENTS: NOTE: Sexual intercourse is NOT necessary
1. That the offender commits acts of Crimes against chastity where age and
lasciviousness or lewdness. reputation of victim are immaterial: rape,
2. That the acts are committed upon a acts of lasciviousness, qualified seduction
woman who is virgin or single or widow of of sister/descendant, forcible abduction.
good reputation, under 18 years of age
but over 12 years, or a sister or Art. 343. Consented abduction The abduction of
descendant regardless of her reputation a virgin over twelve years and under eighteen years
or age. of age, carried out with her consent and with lewd
designs, shall be punished by the penalty of prision
3. That the offender accomplishes the acts correccional in its minimum and medium periods.
by abuse of authority, confidence, ELEMENTS:
relationship, or deceit. 1. That the offended party must be a virgin.
2. That she must be over 12 and under 18
Art. 340. Corruption of minors Any person who
shall promote or facilitate the prostitution or corruption
years of age.
of persons underage to satisfy the lust of another, 3. That the taking away of the offended
shall be punished by prision mayor, and if the culprit party must be with her consent, after
is a pubic officer or employee, including those in solicitation or cajolery from the offender.
government-owned or controlled corporations, he 4. That the taking away of the offended
shall also suffer the penalty of temporary absolute
disqualification. (As amended by BP Blg. 92). party must be with lewd designs.
Act punishable: By promoting or
facilitating the prostitution or corruption of CHAPTER 5: PROVISIONS RELATIVE TO THE
PRECEDING CHAPTERS OF TITLE ELEVEN
persons underage to satisfy the lust of
another Art. 344. Prosecution of the crimes of adultery,
concubinage, seduction, abduction, rape and acts
Art. 341. White slave trade The penalty of prision of lasciviousness The crimes of adultery and
mayor in its medium and maximum period shall be concubinage shall not be prosecuted except upon a

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complaint filed by the offended spouse. CIVIL LIABILITY of persons guilty of rape,
seduction or abduction:
The offended party cannot institute criminal 1. To idemnify the offended women
prosecution without including both the guilty parties, if
2. To acknowledge the offspring, unless the
they are both alive, nor, in any case, if he shall have
consented or pardoned the offenders. law should prevent him from doing so
3. In every case to support the offspring
The offenses of seduction, abduction, rape or acts of
lasciviousness, shall not be prosecuted except upon a Art. 346. Liability of ascendants, guardians,
complaint filed by the offended party or her parents, teachers, or other persons entrusted with the
grandparents, or guardian, nor, in any case, if the custody of the offended party The ascendants,
offender has been expressly pardoned by the above guardians, curators, teachers and any person who, by
named persons, as the case may be. abuse of authority or confidential relationships, shall
cooperate as accomplices in the perpetration of the
crimes embraced in chapters, second, third and
In cases of seduction, abduction, acts of
fourth, of this title, shall be punished as principals.
lasciviousness and rape, the marriage of the offender
with the offended party shall extinguish the criminal
action or remit the penalty already imposed upon him. Teachers or other persons in any other capacity
The provisions of this paragraph shall also be entrusted with the education and guidance of youth,
applicable to the co-principals, accomplices and shall also suffer the penalty of temporary special
accessories after the fact of the above-mentioned disqualification in its maximum period to perpetual
crimes. special disqualification.

1. Adultery and concubinage must be Any person falling within the terms of this article, and
any other person guilty of corruption of minors for the
prosecuted upon complaint signed by the benefit of another, shall be punished by special
offended spouse disqualification from filling the office of guardian.
2. Seduction, abduction, rape or acts of
lasciviousness must be prosecuted upon TITLE TWELVE
complaint signed by: CRIMES AGAINST THE CIVIL STATUS OF
a. offended party PERSONS
b. by her parents
c. grandparents CHAPTER 1: SIMULATION OF BIRTHS AND
d. guardians in the order in which they USURPATION OF CIVIL STATUS
are named above
NOTE: Marriage of the offender with the Art. 347. Simulation of births, substitution of one
child for another and concealment or
offended party extinguishes the criminal abandonment of a legitimate child The
action or remit the penalty already imposed simulation of births and the substitution of one child
upon him. This applies as well to the for another shall be punished by prision mayor and a
accomplices, accessories-after-the-fact. But fine of not exceeding 1,000 pesos.
marriages must be in good faith. This rule
does not apply in case of multiple rape. The same penalties shall be imposed upon any
person who shall conceal or abandon any legitimate
child with intent to cause such child to lose its civil
Art. 345. Civil liability of persons guilty of crimes
status.
against chastity Person guilty of rape, seduction
or abduction, shall also be sentenced:
Any physician or surgeon or public officer who, in
violation of the duties of his profession or office, shall
1. To indemnify the offended woman. cooperate in the execution of any of the crimes
2. To acknowledge the offspring, unless the law
mentioned in the two next preceding paragraphs,
should prevent him from so doing. shall suffer the penalties therein prescribed and also
3. In every case to support the offspring.
the penalty of temporary special disqualification.

The adulterer and the concubine in the case provided ACTS PUNISHED:
for in Articles 333 and 334 may also be sentenced, in
the same proceeding or in a separate civil
1. Simulation of births
proceeding, to indemnify for damages caused to the 2. Substitution of one child for another
offended spouse.
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3. Concealing or abandoning any legitimate be presumed dead according to the civil


child with the intent to cause such child to code.
lose its civil status 3. That he contracts a second or
subsequent marriage.
REQUISITES: 4. That the second or subsequent marriage
1. The child must be legitimate has all the essential requisites for validity.
2. The offender conceals or abandons such
child The crime does not fall within the
3. The offender has the intent to cause the category of private crimes that can be
child to lose its civil status prosecuted only at the instance of the
offended party
ELEMENTS: A simulated marriage is not marriage at
1. Child is baptized or registered in the all and can be used as a defense for
Registry of birth as hers bigamy
2. Child loses its real status and acquiires a There must be a summary proceeding to
new one declare the absent spouse presumptively
3. Actors purpose was to cause the loss of dead for purposes of remarriage
any trace as to the childs true filiation Failure to exercise due diligence to
ascertain the whereabouts of the 1st wife
Art. 348. Usurpation of civil status The penalty is bigamy through reckless imprudence
of prision mayor shall be imposed upon any person
who shall usurp the civil status of another, should he A judicial declaration of the nullity of a
do so for the purpose of defrauding the offended part marriage void ab initio is now required
or his heirs; otherwise, the penalty of prision One convicted for bigamy may be
correccional in its medium and maximum periods
shall be imposed.
prosecuted for concubinage as both are
distinct offenses
Committed by a person who represents
One who vouches that there is no legal
himself as another and assumes the
impediment knowing that one of the
filiation or rights pertaining to such person
parties is already married is an
There must be criminal intent to enjoy the
accomplice.
civil rights of another by the offender
knowing he is not entitled thereto Art. 350. Marriage contracted against provisions
Committed by asuming the filiation, or the of laws The penalty of prision correccional in its
parental or conjugal rights of another medium and maximum periods shall be imposed upon
Circumstances qualifying the offense: any person who, without being included in the
provisions of the next proceeding article, shall have
penalty is heavier when the purpose of not been complied with or that the marriage is in
the impersonation is to defraud the disregard of a legal impediment.
offended party or hios heirs.
If either of the contracting parties shall obtain the
CHAPTER 2: ILLEGAL MARRIAGES consent of the other by means of violence,
Art. 349. Bigamy The penalty of prision mayor intimidation or fraud, he shall be punished by the
shall be imposed upon any person who shall contract maximum period of the penalty provided in the next
a second or subsequent marriage before the former preceding paragraph.
marriage has been legally dissolved, or before the ELEMENTS:
absent spouse has been declared presumptively dead 1. That the offender contracted marriage.
by means of a judgment rendered in the proper
proceedings.
2. That he knew at the time that
ELEMENTS: 3. the requirement of the law were not
1. That the offender has been legally complied with, or
married. 4. The marriage was in disregard of a legal
2. That the marriage has not been legally impediment.
NOTE: Circumstance qualifying the offense: if
dissolved or, in case his or her spouse is
absent, the absent spouse could not yet either of the contracting parties obtains the
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consent of the other by means of violence, 1. That there must be an imputation of a


intimidation or fraud. crime, or of a vice or defect, real or
imaginary, or any act, omission, condition,
Art. 351. Premature marriages Any widow status, or circumstances.
who shall marry within three hundred and one 2. That the imputation must be made
day from the date of the death of her husband, publicly.
or before having delivered if she shall have been 3. That it must be malicious.
pregnant at the time of his death, shall be
4. That the imputation must be directed at a
punished by arresto mayor and a fine not
exceeding 500 pesos.
natural or juridical person, or one who is
dead.
The same penalties shall be imposed upon any
5. That the imputation must tend to cause
woman whose marriage shall have been the dishonor, discredit or contempt of the
annulled or dissolved, if she shall marry before person defamed.
her delivery or before the expiration of the period
of three hundred and one day after the legal Libel is a public and malicious imputation
separation. of a crime, or a vice or defect, real or
ACTS PUNISHED: imaginary or any act, commission,
1. A widow who within 301 days from death condition, status or circumstances tending
of husband, got married or before her to cause the dishonor, discredit or
delivery, if she was pregnant at the time contempt of a natural or juridical person,
of his death or to blacken the memory of one who is
2. A woman whose marriage having been dead
dissolved or annulled, married before her Kinds of malice: (a) malice in law; (b)
delivery or within 301 days after the legal malice in fact
separation. Malice is presumed to exist in injurious
publications
Art. 352. Performance of illegal marriage Publication is the communication of the
ceremony Priests or ministers of any religious
denomination or sect, or civil authorities who shall defamatory matter to some third person/s
perform or authorize any illegal marriage ceremony Person libeled must be identified. But the
shall be punished in accordance with the provisions of publication need not refer by name to the
the Marriage Law. libeled party. If not named it must be
Act punished: performance of any illegal shown that the description of the person
marriage ceremony by a priest or minister referred to in the defamatory publication
of any religious denomination or sect or was sufficiently clear so that at least a 3 rd
by civil authorities person would have identified the plaintiff.
There are as many crimes as there are
TITLE THIRTEEN persons defamed.
CRIMES AGAINST HONOR To presume publication there must be a
reasonable probability that the alleged a
CHAPTER 1: LIBEL libelous matter was thereby exposed to
Section 1 - Definitions, forms, and be read or seen by 3rd persons.
Criterion to determine whether statements
punishment of this crime
are defamatory
Art. 353. Definition of libel A libel is public and 1. words are calculated to induce the
malicious imputation of a crime, or of a vice or defect, hearers to suppose and understand that
real or imaginary, or any act, omission, condition, the person against who they are uttered
status, or circumstance tending to cause the dishonor, were guilty of certain offenses, or are
discredit, or contempt of a natural or juridical person,
or to blacken the memory of one who is dead.
sufficient to impeach their honesty, virtue
ELEMENTS: or reputation, or to hole the person up to
public ridicule(US v OConnel)
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2. 2 )construed not only as to the expression 3. That the statements in the communication
used but also with respect to the whole are made in good faith without malice in
scope and apparent object of the writer.(P fact
v Encarnacion) 4. Fair and true report, made in good faith,
Libel Perjury without any comments and remarks
-false accusation need not be -false accusation is
made under oath made under oath REQUISITES:
1. that the publication of a report of an
official proceeding is a fair and true report
Art. 354. Requirement for publicity Every
defamatory imputation is presumed to be malicious, of a judicial, legislative, or other official
even if it be true, if no good intention and justifiable proceedings which are not of confidential
motive for making it is shown, except in the following nature, or of a statement, report, or
cases: speech delivered in said proceedings, or
of any other act performed by a public
1. A private communication made by any person to officer
another in the performance of any legal, moral or
social duty; and 2. that it is made in good faith
3. that it is made without any comments or
2. A fair and true report, made in good faith, without remarks
any comments or remarks, of any judicial, legislative
or other official proceedings which are not of Art. 355. Libel means by writings or similar means
confidential nature, or of any statement, report or A libel committed by means of writing, printing,
speech delivered in said proceedings, or of any other lithography, engraving, radio, phonograph, painting,
act performed by public officers in the exercise of their theatrical exhibition, cinematographic exhibition, or
functions. any similar means, shall be punished by prision
KINDS of privileged communication: correccional in its minimum and medium periods or a
fine ranging from 200 to 6,000 pesos, or both, in
1. Absolutely privileged not actionable addition to the civil action which may be brought by
even if the actor has acted in bad faith the offended party.
2. Qualifiedly privileged those which NOTE: Enumerates the means by which libel
although containing defamatory may be committed: writing, printing,
imputations could not be actionable lithography, engraving, radio phonograph,
unless made with malice or bad faith painting, theatrical or cinematographic
exhibitions or any similar means
GENERAL RULE:
Every defamatory imputation is presumed Art. 356. Threatening to publish and offer to
malicious even if it be true, if no good present such publication for a compensation
intention and justifiable motive for making The penalty of arresto mayor or a fine from 200 to
2,000 pesos, or both, shall be imposed upon any
it is shown person who threatens another to publish a libel
EXCEPTION: concerning him or the parents, spouse, child, or other
Private communication in performance of members of the family of the latter or upon anyone
legal, moral or social duty who shall offer to prevent the publication of such libel
for a compensation or money consideration.
ELEMENTS: NOTE: Clearly, just a case of blackmail-any
1. That the person who made the unlawful extortion of money by threats of
communication had a legal, moral or accusation and exposure
social duty to make the communication or -possible in light threats Art 283 and in threat
at least he had an interest to be upheld to publish Art 356.
2. That the communication is addressed to
Art. 357. Prohibited publication of acts referred to
an officer or a board, or superior, having in the course of official proceedings The penalty
some interest or duty on the matter of arresto mayor or a fine of from 20 to 2,000 pesos,
or both, shall be imposed upon any reporter, editor or
manager or a newspaper, daily or magazine, who
shall publish facts connected with the private life of
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another and offensive to the honor, virtue and contempt upon another person. If said act is not of a
reputation of said person, even though said serious nature, the penalty shall be arresto menor or
publication be made in connection with or under the a fine not exceeding 200 pesos.
pretext that it is necessary in the narration of any ELEMENTS:
judicial or administrative proceedings wherein such 1. That the offender performs any act not
facts have been mentioned.
included in any other crime against honor.
ELEMENTS:
2. That such act is performed in the
1. That the offender is a reporter, editor or
presence of other person or persons.
manager of a newspaper, daily or
3. That such act casts dishonor, discredit or
magazine.
contempt upon the offended party.
2. That he publishes facts connected with
the private life of another.
3. That such facts are offensive to the Seriousness depends on the social
honor, virtue and reputation of said standing of offended party, the
person. circumstances surrounding the act, the
occasion, etc.
Even though made in connection with or The acts of slapping and boxing the
under the pretext that it is necessary in woman, a teacher, in the presence of
the narration of any judicial or many people has put her to dishonor,
administrative proceedings wherein such contempt and ridicule. (P v Costa)
facts have been mentioned.
DISTINCTIONS:
Art. 358. Slander Oral defamation shall be 1. Unjust Vexation-irritation or
punished by arresto mayor in its maximum period to annoyance/anything that annoys or
prision correccional in its minimum period if it is of a irritates without justification.
serious and insulting nature; otherwise the penalty 2. Slander by Deed-irritation or annoyance +
shall be arresto menor or a fine not exceeding 200
pesos.
attendant publicity and dishonor or
ELEMENTS: contempt.
1. action of a serious and insulting nature 3. Acts of lasciviousness-irritation or
(Grave slander) annoyance + any of 3 circumstance
2. light insult or defamation not serious in provided in Art335 of RPC on rape
nature (simple slander) a. use of force or intimidation
3. Factors that determine gravity of the b. deprivation of reason or rendering the
offense: offended unconscious
a. expressions used c. offended party under 12 yrs of
b. personal relations of the accused and age+lewd designs
the offended party Section 2 - General provisions
c. circumstances surrounding the case
Art. 360. Persons responsible Any person who
Words uttered in the heat of anger shall publish, exhibit, or cause the publication or
constitute light oral defamation (P v exhibition of any defamation in writing or by similar
Doronilla) means, shall be responsible for the same.
If the utterances were made publicly and
were heard by many people and the The author or editor of a book or pamphlet, or the
editor or business manager of a daily newspaper,
accused at the same time levelled his magazine or serial publication, shall be responsible
finger at the complainant, oral defamation for the defamations contained therein to the same
is committed (P v Salleque) extent as if he were the author thereof.

Art. 359. Slander by deed The penalty of arresto The criminal and civil action for damages in cases of
mayor in its maximum period to prision correccional in written defamations as provided for in this chapter,
its minimum period or a fine ranging from 200 to shall be filed simultaneously or separately with the
1,000 pesos shall be imposed upon any person who court of first instance of the province or city where the
shall perform any act not included and punished in libelous article is printed and first published or where
this title, which shall cast dishonor, discredit or
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any of the offended parties actually resides at the time 2. Venue of criminal and civil action for
of the commission of the offense: Provided, however, damages in cases of written
That where one of the offended parties is a public
officer whose office is in the City of Manila at the time defamation:
of the commission of the offense, the action shall be a. where the libelous article is printed
filed in the Court of First Instance of the City of and 1st published OR
Manila, or of the city or province where the libelous b. where any of the offended parties
article is printed and first published, and in case such
public officer does not hold office in the City of Manila,
actually resides at the time of the
the action shall be filed in the Court of First Instance commission of the offense
of the province or city where he held office at the time 3. Where one of the offended parties is a
of the commission of the offense or where the libelous public officer:
article is printed and first published and in case one of a. if his office is in the City of Manila
the offended parties is a private individual, the action
shall be filed in the Court of First Instance of the RTC of Manila OR
province or city where he actually resides at the time city/province where the article is
of the commission of the offense or where the libelous printed and 1st published
matter is printed and first published: Provided, further, b. Otherwise
That the civil action shall be filed in the same court
where the criminal action is filed and vice versa: - RTC of the city/province where he
Provided, furthermore, That the court where the held office at the time of offense OR
criminal action or civil action for damages is first filed, - where the article is 1st published
shall acquire jurisdiction to the exclusion of other 4. Where one of the offended parties is a
courts: And, provided, finally, That this amendment
shall not apply to cases of written defamations, the
private individual:
civil and/or criminal actions which have been filed in 1. RTC of province/city where he
court at the time of the effectivity of this law. actually resides at the time of the
crime
Preliminary investigation of criminal action for written 2. where article was printed or 1st
defamations as provided for in the chapter shall be published
conducted by the provincial or city fiscal of the
NOTE: Offended party must file complaint for
province or city, or by the municipal court of the city or
capital of the province where such action may be defamation imputing a crime which cannot be
instituted in accordance with the provisions of this prosecuted de oficio (e.g. adultery,
article. concubinage, rape, seduction, abduction, and
acts of lasciviousness)
No criminal action for defamation which consists in
the imputation of a crime which cannot be prosecuted Art. 361. Proof of the truth In every criminal
de oficio shall be brought except at the instance of prosecution for libel, the truth may be given in
and upon complaint expressly filed by the offended evidence to the court and if it appears that the matter
party. (As amended by R.A. 1289, approved June 15, charged as libelous is true, and, moreover, that it was
1955, R.A. 4363, approved June 19, 1965). published with good motives and for justifiable ends,
1. Who are liable the defendants shall be acquitted.
a. person who publishes, exhibits or
causes the publication or exhibition of Proof of the truth of an imputation of an act or
any defamation in writing or similar omission not constituting a crime shall not be
admitted, unless the imputation shall have been made
means(par.1)
against Government employees with respect to facts
b. author or editor of a book or pamphlet related to the discharge of their official duties.
c. editor or business manager of a daily
newspaper magazine or serial In such cases if the defendant proves the truth of the
publication(par.2) imputation made by him, he shall be acquitted.
d. owner of the printing plant which ADMISSIBLE WHEN:
publishes a libelous article with his 1. the act or omission imputed constitutes a
consent and all other persons who in crime regardless of whether the offended
any way participate in or have party is a private individual or a public
connection with its publication (US v officer
Ortiz) 2. the offended party is a government
employee, even if the act or omission
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imputed does not constitute a crime be imposed for any intrigue which has for its principal
provided it is related to the discharge of purpose to blemish the honor or reputation of a
person.
his official duties
HOW COMMITTED: by any person who shall
make any intrigue which has for its principal
REQUISITES FOR ACQUITTAL:
purpose to blemish the honor or reputation of
1. it appears that the matter charged as
another person
libelous is TRUE (for situations 1 and 2
above)
2. it was published with good motives and Intriguing against honor refers to any
for a justifiable end (for situation 1 only) scheme or plot designed to blemish the
NOTES: The proof of the truth of the reputation of another or of such trickery or
accusation cannot be made to rest upon secret plot.
mere hearsay, rumors, or suspicion. It must Committed by saying to others an
rest upon positive direct evidence, upon unattributable thing, if said to the person
which a definite finding may be made by the himself it is slander.
court (US v Sotto)
The Anti-WireTapping Act (R.A. 4200)
Art. 362. Libelous remarks Libelous remarks or
comments connected with the matter privileged under ACTS PUNISHED:
the provisions of Article 354, if made with malice, shall 1. any person, not authorized by all the
not exempt the author thereof nor the editor or parties to any private communication or
managing editor of a newspaper from criminal liability.
spoken word
Libelous remarks or comments on a. taps any wire of cable OR
privileged matters (under Art. 354) if b. uses any other device or
made with malice in fact will not exempt
arrangement, to secretly overhear,
the author and editor. intercept, or record such
*This article is a limitation to the defense of communication or spoken word by
privileged communication. using a device commonly known as a
dictaphone or dictagraph or walkie
CHAPTER 2: INCRIMINATORY MACHINATIONS talkie or tape recorder
Art. 363. Incriminating innocent person Any
person who, by any act not constituting perjury, shall 2. any person, whether or not a participant
directly incriminate or impute to an innocent person in the above-mentioned acts:
the commission of a crime, shall be punished by a. knowingly possesses any tape record,
arresto menor. wire record, disc record, or any other
ELEMENTS: such record or copies thereof of any
1. That the offender performs an act. communication or spoken word
2. That by such act he directly incriminates b. replays the same for any other person
or imputes to an innocent person the c. communicates the contents thereof,
commission of a crime. whether complete or partial, to any
3. That such act does not constitute perjury. other person
4.
TWO KINDS: Peace officer is exempt if acts done under
1. making a statement which is lawful order of the court. You can only
a. defamatory or use the recording for the case for which it
b. ii. perjurious (if made under oath and was validly requested.
is false) Information obtained in violation of the Act
2. planting evidence is inadmissible in evidence in any hearing
NOTE: article is limited to planting evidence or investigation.
and the like
TITLE FOURTEEN
Art. 364. Intriguing against honor The penalty of
arresto menor or fine not exceeding 200 pesos shall
QUASI-OFFENSES
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taking into consideration his employment or


SOLE CHAPTER: CRIMINAL NEGLIGENCE occupation, degree of intelligence, physical condition
and other circumstances regarding persons, time and
place.
Art. 365. Imprudence and negligence Any
person who, by reckless imprudence, shall commit
any act which, had it been intentional, would Simple imprudence consists in the lack of precaution
constitute a grave felony, shall suffer the penalty of displayed in those cases in which the damage
arresto mayor in its maximum period to prision impending to be caused is not immediate nor the
correccional in its medium period; if it would have danger clearly manifest.
constituted a less grave felony, the penalty of arresto
mayor in its minimum and medium periods shall be The penalty next higher in degree to those provided
imposed; if it would have constituted a light felony, the for in this article shall be imposed upon the offender
penalty of arresto menor in its maximum period shall who fails to lend on the spot to the injured parties
be imposed. such help as may be in this hand to give. (As
amended by R.A. 1790, approved June 21, 1957).
Any person who, by simple imprudence or ELEMENTS of reckless imprudence:
negligence, shall commit an act which would 1. That the offender does or fails to do an
otherwise constitute a grave felony, shall suffer the
penalty of arresto mayor in its medium and maximum act.
periods; if it would have constituted a less serious 2. That the doing of or the failure to do that
felony, the penalty of arresto mayor in its minimum act is voluntary.
period shall be imposed. 3. That it be without malice.
4. That material damage results.
When the execution of the act covered by this article 5. That there is inexcusable lack of
shall have only resulted in damage to the property of
another, the offender shall be punished by a fine
precaution on the part of the offender,
ranging from an amount equal to the value of said taking into consideration
damages to three times such value, but which shall in a. his employment or occupation
no case be less than twenty-five pesos. b. degree of intelligence, physical
condition, and
A fine not exceeding two hundred pesos and censure c. other circumstances regarding
shall be imposed upon any person who, by simple
imprudence or negligence, shall cause some wrong
persons, time and place.
which, if done maliciously, would have constituted a
light felony. ELEMENTS of simple imprudence:
1. That there is lack of precaution on the
In the imposition of these penalties, the court shall part of the offender.
exercise their sound discretion, without regard to the 2. That the damage impending to be caused
rules prescribed in Article sixty-four.
in not immediate or the danger is not
clearly manifest.
The provisions contained in this article shall not be
applicable:
1. When the penalty provided for the offense is equal Art.64 on mitigating and aggravating
to or lower than those provided in the first two circumstances not applicable.
paragraphs of this article, in which case the court Failure to lend on the spot assistance to
shall impose the penalty next lower in degree than
that which should be imposed in the period which they victim of his negligence:penalty next
may deem proper to apply. higher in degree.
2. When, by imprudence or negligence and with Abandoning usually punishable under Art
violation of the Automobile Law, to death of a person 275, if charged under Art365 is only
shall be caused, in which case the defendant shall be
punished by prision correccional in its medium and qualifying and if not alleged cannot even
maximum periods. be an aggravating circumstance.
Contributory negligencenot a defense,
Reckless imprudence consists in voluntary, but only mitigating
without malice, doing or falling to do an act from
which material damage results by reason of Last clear chance doctrine -
inexcusable lack of precaution on the part of the
person performing of failing to perform such act,

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The contributory negligence of the injured


party will no t 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

Emergency rule-
An automobile driver, who, by the
negligence of another, is suddenly placed
in an emergency and compelled to act
instantly to avoid a collision or injury is not
guilty of negligence if he makes a choice
which a person of ordinary prudence
placed in such a position might make
even though he did not make the wisest
choice.

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