BOOK ONE
CRIMINAL LAW - branch of public substantive
law which defines crimes, treats of their nature
and provides for their punishment.
CHARACTERISTICS OF CRIMINAL LAW
1. GENERAL - it is binding on all persons
who live or sojourn in the Philippine
territory (Art. 14, NCC)
EXCEPTIONS:
a) Treaty stipulations
b) Laws of preferential application
c) Principles of Public International Law.
The following persons are
exempted:
a. Sovereigns and other chief of
state
b. Ambassadors,ministers,
plenipotentiary, minister resident
and charges d’affaires.

Consuls, vice-consuls and other
commercial representatives of foreign
nation cannot claim the privileges and
immunities accorded to ambassadors and
ministers.
2. TERRITORIAL
GENERAL RULE: Penal laws of the
Philippines are enforceable only within its
territory.
EXCEPTIONS: (Art. 2, RPC) i.e.,
enforceable even outside Philippine
territory.
a) Offense committed while on a
Philippine ship or airship
b) Forging or counterfeiting any coin or
currency note of the Philippines or
obligations and securities issued by
the Government.
Bill of attainder – a legislative act that
inflicts punishment without trial, its
essence being the substitution of
legislative fiat for a judicial determination
of guilt.
2. No person shall be held to answer for a
criminal offense without due process of
law. (Art. III, Sec. 14[1])
- criminal laws must be of general
application and must clearly define the
acts and omissions punished as crimes
THEORIES IN CRIMINAL LAW
1. Classical Theory
- basis of criminal liability is human
free will and the purpose of the penalty is
retribution
c) Introduction into the country of the
above-mentioned obligations and
securities.
d) While being public officers or
employees should commit an offense
in the exercise of their functions.
e) Should commit any of the crimes
against national security and the law
of nations defined in Title One of Book
Two.
EXCEPTION TO THE EXCEPTION:
Penal laws not applicable within or without
Philippine territory if so provided in treaties
and laws of preferential application. (Art.2,
RPC)
3. PROSPECTIVE
GENERAL RULE: Penal laws cannot
make an act punishable in a manner in
which it was not punishable when
committed.
EXCEPTION: (it may be applied
retroactively) When the new law is
favorable to the accused.
EXCEPTIONS TO THE EXCEPTION:
a) The new law is expressly made
inapplicable to pending actions or
existing causes of actions.
b) Offender is a habitual criminal.
LIMITATIONS ON THE POWER OF
CONGRESS TO ENACT PENAL LAWS:
1. No ex post facto law or bill of attainder
shall be enacted. (Art.III, Sec. 22)
Ex post facto law – a law that would
make a previous act criminal although it
was not so at the time it was committed.
- This theory endeavored to establish
a mechanical and direct proportion
between crime and penalty and there is
scant regard to the human element.

RPC is generally governed by this
theory.
2. Positivist Theory
– basis of criminal liability is the sum
of the social, natural and economic
phenomena to which the actor is exposed
wherein prevention and correction is the
purpose of penalty.

This theory is exemplified in the
provisions regarding impossible
crimes and habitual delinquency.

In the case of a foreign warship, the same
3. Eclectic or Mixed Theory is not subject to territorial laws for they are
– combination of positivist and always reputed to be an extension of the
classical thinking wherein crimes that are territory of the country to which they
economic and social in nature should be belong.
dealt in a positive manner, thus, the law is
more compassionate.
TITLE ONE: FELONIES AND
PRELIMINARY TITLE CIRCUMSTANCES WHICH AFFECT
CRIMINAL LIABILITY
 ART. 2 – APPLICATION OF
ITS PROVISIONS Chapter One: Felonies (Arts. 3-10)
RULES ON VESSELS:
1. Philippine vessel or aircraft  ART. 3 – FELONIES

Must be understood as that which is
registered in the Philippine Bureau of FELONIES – are acts or omissions punishable
Customs. by the RPC.

2. In Foreign Merchant Vessels ELEMENTS OF FELONIES (GENERAL):

FRENCH RULE: There must be an act or omission i.e., there
GENERAL RULE: Crimes committed must be external acts.
aboard vessel within the territorial waters The act or omission must be punishable by the
of a country are not triable in the courts of RPC.
said country. The act is performed or the omission incurred
EXCEPTION: When their commission by means of dolo or culpa.
affects the peace and security of the
territory or when the safety of the state is CLASSIFICATION OF FELONIES
endangered. ACCORDING TO THE MEANS BY WHICH
THEY ARE COMMITTED:

ENGLISH RULE: Crimes committed
aboard a vessel within the territorial waters 1. Intentional Felonies – the act is
of a country are triable in the courts of performed or the omission is incurred with
such country. deliberate intent or malice to do an injury.
EXCEPTION: When the crimes merely Requisites of DOLO or MALICE:
affect things within the vessel or when a) Freedom
they only refer to the internal management b) Intelligence
thereof. c) Criminal Intent

In the Philippines, we follow the English 2. Culpable Felonies - performed without

Rule. malice.
Requisites of CULPA:
a) Freedom
b) Intelligence
c) Negligence and Imprudence

REASON FOR PUNISHING ACTS OF

NEGLIGENCE: A man must use common
sense and exercise due reflection in all his
acts; it is his duty to be cautious, careful
and prudent.

Intentional Felony vs. Culpable Felony

INTENTIONAL CULPABLE
1. Act is malicious 1. Not malicious
2. With deliberate 2. Injury caused is
intent unintentional being
incident of another act
performed without
malice
2. That the intention of the accused in tion degree of taken into
performing the act should be lawful. participation of account. All
3. That the mistake must be without fault each in the who
or carelessness on the part of the commission of participated in
the crime is the act are
accused.
taken into punished to the
account. same extent.
MALA PROHIBITA – (the third class of 7. As to Violation of the Violation of
crimes) punishable by SPECIAL LAWS and what laws RPC (General Special Laws
where criminal intent is not, as a rule, are rule) (General rule)
necessary, it being sufficient that the offender violated
has the intent to perpetrate the act prohibited
by the special law.
Intent distinguished from Motive
INTENT MOTIVE
MALA IN SE vs. MALA PROHIBITA 1. Is the purpose to 1. Is the reason
MALA use a particular which impels one to
MALA IN SE means to effect such commit an act for a
PROHIBITA
result definite result
1.As to Wrong from its Wrong because
nature very nature it is prohibited 2. Is an element of 2. Is NOT an
by law the crime, except in element of the crime
2. As to Good faith is a Good faith is
unintentional
use of valid defense; not a defense. felonies (culpable)
good faith unless the 3. Is essential in 3. Is essential only
as a crime is the intentional felonies when the identity of
defense result of culpa. the perpetrator is in
3. As to Intent is an Criminal intent doubt
use of element is immaterial
intent as
an element MOTIVE, WHEN RELEVANT.
4. As to The degree of The act gives 1. When there is doubt as to the identity of
degree of accomplishmen rise to a crime the assailant;
accom- t of the crime is only when it is 2. In ascertaining the truth between two
plishment taken into consummated. antagonistic theories or versions of the
of the account in killing;
crime punishing the 3. Where the identification of the accused
offender.
proceeds from an unreliable source and
5. As to Mitigating and Mitigating and
the testimony is inconclusive and not free
mitigating aggravating aggravating
and aggra- circumstances circumstances from doubt;
vating cir- are taken into are generally 4. Where there are no eyewitnesses to the
cumstan- account in not taken into crime, and where suspicion is likely to fall
ces imposing the account. upon a number of persons;
penalty. 5. If the evidence is merely circumstantial;
6. As to When there is Degree of
degree of more than one participation is
participa- offender, the generally not
 ART. 4 – CRIMINAL LIABILITY PROXIMATE CAUSE – that cause, which, in
the natural and continuous sequence,
PAR. 1 - Criminal Liability for a felony unbroken by any efficient intervening cause,
different from that intended to be produces the injury without which the result
committed would not have occurred.

RATIONALE: He who is the cause of the
cause is the cause of the evil caused.
REQUISITES:
1. That an intentional felony has been
committed.
2. That the wrong done to the aggrieved
party be the direct, natural and logical
consequence of the felony committed.
Thus, the person is still criminally liable in:
1. Error in personae- mistake in the identity
of the victim.
2. Abberatio ictus – mistake in the blow.
3. Praeter intentionem – injurious result is
greater than that intended.
PAR. 2 (Impossible Crime)
REQUISITES:
1. That the act performed would be an
offense against persons or property.
2. That the act was done with evil intent.
3. That its accomplishment is inherently
impossible, or that the means employed is
either inadequate or ineffectual.
4. That the act performed should not
constitute a violation of another provision
of the RPC.
PURPOSE OF PUNISHING IMPOSSIBLE
CRIMES: To suppress criminal propensity or
criminal tendencies.
NOTE: Felony against persons or property
should not be actually committed, for
otherwise, he would be liable for that felony;
there would be no impossible crime to speak
of.
 ART. 6 – CONSUMMATED,
FRUSTRATED & ATTEMPTED FELONIES
STAGES OF EXECUTION:
1. CONSUMMATED FELONY

When all the elements necessary for its
execution and accomplishment are
present.
2. FRUSTRATED FELONY
ELEMENTS:
a) The offender performs all the acts of
execution.
b) All the acts performed would produce
the felony as a consequence.
c) But the felony is not produced.
d) By the reason of causes independent
of the will of the perpetrator.
WHAT CRIMES DO NOT ADMIT OF
FRUSTRATED STAGE?
They are those which, by the definition of a
frustrated felony, the offender cannot possibly
perform all the acts of execution to bring the
desired result without consummating the
offense.
INDETERMINATE OFFENSE: One where the
purpose of the offender in performing an act is
not certain. The accused may be convicted for
a felony defined by the acts performed by him
up to the time of desistance.
DESISTANCE - is an absolutory cause which
negates criminal liability because the law
encourages a person to desist from
committing a crime.
KINDS OF DESISTANCE:
1. Legal desistance – the desistance referred
to in law which would obviate criminal liability
unless the overt or preparatory act already
Examples:
1. Rape, since the gravamen of the offense
is carnal knowledge, hence, no matter how
slight the penetration, the felony is
consummated.
2. Indirect Bribery, because it is committed
by accepting gifts offered to the public
officer by reason of his office. If he does
not accept, he does not commit the crime.
If he accepts, it is consummated.
3. Corruption of Public Officers, because the
offense requires the concurrence of the
will of both parties, such as that when the
offer is accepted, the offense is
consummated. But when the offer is
rejected, the offense is merely attempted.
4. Adultery because the essence of the crime
is sexual congress
5. Physical Injury since it cannot be
determined whether the injury will be
slight, less serious, or serious unless and
until consummated.
3. ATTEMPTED FELONY
ELEMENTS:
a) The offender commences the
commission of the felony directly by
overt acts;
b) He does not perform all the acts of
execution which should produce the
felony;
c) The non-performance of all acts of
execution was due to a cause or
accident other than the offender’s own
spontaneous desistance.
OVERT ACTS – Some physical activity or
deed, indicating intention to commit a
particular crime, more than a mere planning
or preparation, which if carried to its complete
termination following its natural course, without
being frustrated by external obstacles, nor by
voluntary desistance of the perpetrator will
logically ripen into a concrete offense.
committed in themselves constitute a felony
other than what the actor intended. The
desistance is made during the attempted
stage.
2. Factual desistance – actual desistance of
the actor which is made after the attempted
stage of the crime; the actor is still liable for
the attempt.
2 STAGES IN THE DEVELOPMENT OF A
CRIME:
1. Internal acts

Such as mere ideas in the mind of
person.

Not punishable.
2. External acts cover:
a) Preparatory acts - ordinarily not
punished except when considered by
law as independent crimes (e.g. Art.
304, Possession of picklocks and
similar tools).
b) Acts of Execution - punishable under
the RPC.
Attempted stage – marks the
commencement of the subjective
phase.
Subjective Phase – that portion of the
acts constituting the crime included
between the act which begins the
commission of the crime and the last
act performed by the offender which,
with the prior acts, should result in the
consummated crime.
– period occupied by the acts
of the offender over which he has
control – that period between the point
where he begins the point where he
voluntarily desists.

If between those two points the
offender is stopped by reason of any
cause outside of his own voluntary
desistance, the subjective phase has
not been passed and it is an attempt

If he is not so stopped but continues
until he performs the last act, it is
frustrated
Frustrated stage – the end thereof
and the start of the objective phase
Objective Phase – is the result of the
acts of the execution, that is, the
accomplishment of the crime.
GENERAL RULE: Mere conspiracy or
proposal to commit a felony is not punishable
since they are only preparatory acts.
EXCEPTION: in cases in which the law
specially provides a penalty therefore.

RPC SPECIALLY PROVIDES PENALTY
FOR MERE CONSPIRACY IN TREASON,
REBELLION, INSURRECTION, COUP D’
ETAT, SEDITION, AND MONOPOLIES
AND COMBINATIONS IN RESTRAINT
OF TRADE. (TRICSM)

If the subjective and objective phases
are present, there is a consummated
felony.

The spontaneous desistance of the
accused is exculpatory only (a) if
made during the attempted stage, and
(b) provided that the acts already
committed do not constitute any
offense.
 ART. 7 – LIGHT FELONIES

Light Felonies are punishable only when
they have been consummated
EXCEPT: If committed against persons or
property, punishable even if attempted or
frustrated.

The exception with regard to crimes
against persons is actually unnecessary
as the only light felony against persons is
slight physical injuries which in the first
place cannot but be consummated.

The exception can apply however to
attempted or frustrated light felonies
against property BUT only principal and
accomplices are criminally liable while
accessories are exempt.
 ART. 8 – CONSPIRACY AND
PROPOSAL TO COMMIT FELONY
REQUISITES OF CONSPIRACY:
1. That 2 or more persons came to an
agreement.
2. That the agreement pertains to the
commission of a felony.
3. That the execution of the felony was
decided upon.
Conspiracy as a felony, distinguished from
conspiracy as a manner of incurring
criminal liability.

As a felony, conspirators should not
actually commit treason, rebellion, etc., it
being sufficient that two or more persons
agree and decide to commit it.

As a manner of incurring criminal
liability, if they commit it, say, treason,
they will be held liable for treason, and the
conspiracy which they had before
committing treason is only a manner of
incurring criminal liability not a separate
offense.
GENERAL RULE: When conspiracy is
established, all who participated therein,
irrespective of the quantity or quality of his
participation is liable equally, whether
conspiracy is pre-planned or instantaneous.
EXCEPTION: Unless one or some of the
conspirators committed some other crime
which is not part of the intended crime.
EXCEPTION TO THE EXCEPTION: When the
act constitutes a “single indivisible offense”.
DOCTRINE OF IMPLIED CONSPIRACY -
Conspiracy may be inferred if it is proven that
two or more persons aimed their acts towards
the accomplishment of the same unlawful
object, each doing a part so that their acts
although apparently independent were in fact
connected and cooperative, thus indicating a
closeness of personal association and a
concurrence of sentiment.
REQUISITES OF PROPOSAL:
1. That a person has decided to commit a
felony; and
2. That he proposes its execution to some
other person or persons.

RPC SPECIALLY PROVIDES PENALTY
FOR MERE PROPOSAL IN TREASON,
REBELLION, INSURRECTION, AND
COUP D’ ETAT. (TRIC)
 ART. 9 – CLASSIFICATION OF
FELONIES ACCORDING TO GRAVITY
Importance of Classification
1. To determine whether these felonies can
be complexed or not.
2. To determine the prescription of the crime
and the prescription of the penalty.
Grave felonies – are those to which the law
attaches the capital punishment or penalties
which in any of their periods are afflictive, in
accordance with Art. 25 of the Code.
is free from both criminal and civil liability.
There is no civil liability, except in par. 4 of Art.
11, where the civil liability is borne by the
persons benefited by the act.
1. SELF-DEFENSE
Rights included in self-defense:
Self-defense includes not only the defense of
the person or body of the one assaulted but
also that of his rights, the enjoyment of which
is protected by law. Thus, it includes:
1. The right to honor. Hence, a slap on the
face is considered as unlawful aggression
Less grave felonies – are those which the
law punishes with penalties which in their
maximum period are correctional, in
accordance with Art. 25 of the Code.
Light felonies – are those infractions of law
for the commission of which the penalty of
arresto menor or a fine not exceeding 200
pesos, or both, is provided.
 ART. 10 – OFFENSES NOT SUBJECT
TO THE PROVISIONS OF THE RPC
GENERAL RULE: RPC provisions are
supplementary to special laws.
EXCEPTIONS:
1. Where the special law provides otherwise;
and
2. When the provisions of the RPC are
impossible of application, either by
express provision or by necessary
implication.

Thus, when the special law adopts the
penalties imposed in the RPC, such as
reclusión perpetua or reclusión temporal,
the provisions of the RPC on imposition of
penalties based on stage of execution,
degree of participation, and attendance of
mitigating and aggravating circumstances
may be applied by necessary implication.
Chapter Two: Justifying Circumstances
and Circumstances Which Exempt from
Criminal Liability (Arts. 11-12)
 ART. 11. JUSTIFYING CIRCUMSTANCES
JUSTIFYING CIRCUMSTANCES – are those
where the act of a person is said to be in
accordance with law, so that such person is
deemed not to have transgressed the law and
since the face represents a person and his
dignity. It is a serious personal attack; a
physical assault, coupled with a willful
disgrace; and it may, therefore, be
frequently regarded as placing in real
danger a person’s dignity, rights and
safety. (Rugas vs. People, GR No.
147789, Jan. 14, 2004)
2. The defense of property rights can be
invoked if there is an attack upon the
property although it is not coupled with an
attack upon the person of the owner of the
premises. All the elements for justification
 must however be present. (People vs
Narvaez, 121 SCRA 389).
“Stand ground when in the right” - the law
does not require a person to retreat when his
assailant is rapidly advancing upon him with a
deadly weapon. REASON: He runs the risk of
being attacked in the back by the aggressor.
REQUISITES:
1. Unlawful aggression (condition sine qua
non);
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. Lack of sufficient provocation on the part
of the person defending himself.
UNLAWFUL AGGRESSION
- is equivalent to an actual physical
assault or, at least
- threatened assault of an immediate and
imminent kind which is offensive and positively
strong, showing the wrongful intent to cause
injury.
Syndrome do not incur any criminal or civil
liability notwithstanding the absence of any of
the elements for justifying circumstances of
self-defense under the RPC. (Sec. 26, R.A.
No. 9262) The law provides for an additional
justifying circumstance.
Battered Woman Syndrome – refers to a
scientifically defined pattern of psychological
and behavioral symptoms found in women
living in battering relationships as a result of
cumulative abuse.
FOUR CHARACTERISTICS OF THE
SYNDROME:
1. the woman believes that the violence was
her fault;
2. she has an inability to place the
responsibility for the violence elsewhere;
3. she fears for her life and/or her children’s
life; and
4. she has an irrational belief that the abuser
is omnipresent and omniscent.

TEST OF REASONABLENESS Battery – refers to any act of inflicting physical

The means employed depends upon the (1) harm upon the woman or her child resulting to
nature and quality of the weapon used by the physical and psychological or emotional
aggressor, (2) his physical condition, distress.
character, size and other circumstances, (3)
and those of the person defending himself, (4) RETALIATION SELF-DEFENSE
and also the place and occasion of the
Inceptual unlawful Unlawful aggression
assault.
aggression had was still existing when
already ceased when the aggressor was

Perfect equality between the weapons the accused attacked injured by the person
used by the one defending himself and him. making the defense
that of the aggressor is not required,
neither is the material commensurability
between the means of attack and defense. 2. DEFENSE OF RELATIVES
REASON: Because the person assaulted REQUISITES:
does not have sufficient tranquility of mind a) Unlawful Aggression;
to think and to calculate. b) Reasonable necessity of the means
employed to prevent or repel it; and
Under Republic Act 9262, known as the Anti- c) In case the provocation was given by
Violence against Women and their Children the person attacked, the one making
Act of 2004: the defense had no part therein.
Victim-survivors who are found by the
courts to be suffering from Battered Woman
RELATIVES THAT CAN BE DEFENDED: b) Reasonable necessity of the means
1. Spouse employed to prevent or repel it; and
2. Ascendants c) The person defending was not
3. Descendants induced by revenge, resentment or
4. Legitimate, natural or adopted brothers other evil motive.
and sisters, or relatives by affinity in the
same degrees. 4. AVOIDANCE OF GREATER EVIL OR
5. Relatives by consanguinity within the INJURY
fourth civil degree. REQUISITES:
a) That the evil sought to be avoided
3. DEFENSE OF STRANGER actually exists;
REQUISITES: b) That the injury feared be greater than
a) Unlawful Aggression; that done to avoid it; and
 c) There be no other practical and less intelligence, freedom of action, or intent, or on
harmful means of preventing it. the absence of negligence on the part of the
accused.

No civil liability except when there is
another person benefited in which case
JUSTIFYING EXEMPTING
the latter is the one liable.
CIRCUMSTANCE CIRCUMSTANCE
1. It affects the act not 1. It affects the actor

Greater evil must not be brought about by the actor. not the act.
the negligence or imprudence or violation
2. The act is 2. The act complained
of law by the actor.
considered to have of is actually wrongful,
been done within the but the actor is not
5. FULFILLMENT OF DUTY; OR LAWFUL bounds of law; hence, liable.
EXERCISE OF RIGHT OR OFFICE legitimate and lawful in
REQUISITES: the eyes of the law.
a) That the accused acted in the 3. Since the act is 3. Since the act
performance of a duty or in the lawful considered lawful, complained of is
exercise of a right or office; there is no crime. actually wrong there is
a crime but since the
b) That the injury caused or the offense actor acted without
committed be the necessary voluntariness, there is
consequence of the due performance no dolo nor culpa
of duty or the lawful exercise of such 4. Since there is no 4. Since there is a
right or office. crime, nor a criminal, crime committed
there is also no though there is no

Doctrine of “SELF-HELP” under Art. 429 criminal or civil liability. criminal, there is civil
(except Art. 11, par. 4) liability. (except Art.
of the Civil Code is applicable under this
12, par. 4 and 7, where
paragraph. The article states that “The there in no civil liability)
owner or lawful possessor of a thing has
the right to exclude any person from the
enjoyment and disposal thereof. For this 1. IMBECILITY vs. INSANITY
purpose, he may use such force as may Insanity exists when there is a complete
be reasonably necessary to repel or deprivation of intelligence or freedom of the
prevent an actual or threatened unlawful will. Mere abnormality of mental faculties is not
physical invasion or usurpation of his enough especially if the offender has not lost
property. consciousness of his acts.
6. OBEDIENCE TO AN ORDER ISSUED
FOR SOME LAWFUL PURPOSE. Imbecility exists when a person, while of
REQUISITES: advanced age, has a mental development
a) That an order has been issued by a comparable to that of children between two
superior. and seven years of age.
b) That such order must be for some
lawful purpose
An insane person is not so exempt if it can
c) That the means used by the be shown that he acted during a lucid
subordinate to carry out said order is interval. But an imbecile is exempt in all
lawful. cases from criminal liability.

Subordinate is not liable for carrying out TWO TESTS OF INSANITY:

an illegal order if he is not aware of its
illegality and he is not negligent.
 ART. 12. EXEMPTING CIRCUMSTANCES
EXEMPTING CIRCUMSTANCES (or the
circumstances for non-imputability) – are
those grounds for exemption from punishment,
because there is wanting in the agent of the
crime any of the conditions which makes the
act voluntary, or negligent.
BASIS: The exemption from punishment is
based on the complete absence of
1. Test of COGNITION – complete
deprivation of intelligence in committing
the crime.
2. Test of VOLITION – total deprivation of
freedom of will.

The defense must prove that the accused
was insane at the time of the commission
of the crime because the presumption is
always in favor of sanity.
What are the effects of the insanity of the
accused?
At the time of the commission of the crime –
exempt.
During trial – proceedings suspended,
accused is committed to a hospital.
After judgment or while serving sentence –
execution of judgment is suspended, the
accused is committed to a hospital. The period
of confinement in the hospital is counted for
the purpose of the prescription of the penalty.

The fact that a person behaves crazily is
not conclusive that he is insane. The
prevalent meaning of the word “crazy” is
not synonymous with the legal terms
“insane,” “non compos mentis,” “unsound
mind,” “idiot,” or “lunatic.” The popular
conception of the word “crazy” is being
used to describe a person or an act
unnatural or out of the ordinary. A man
may behave in a crazy manner but it does
not necessarily and conclusively prove
that he is legally so. (People vs. Florendo,
G.R. No. 136845. Oct. 8, 2003).
2. PERSON UNDER NINE YEARS OF AGE

An infant under the age of nine years is
absolutely and conclusively presumed to
be incapable of committing a crime.

The phrase “under nine years” should be
construed “nine years or less”
3. PERSON OVER NINE YEARS OF AGE
AND UNDER 15 ACTING WITHOUT
DISCERNMENT

Must have acted without discernment.
DISCERNMENT – mental capacity to fully
appreciate the consequences of an unlawful
act.
Discernment may be shown by:
1. The manner the crime was committed; or
2. The conduct of the offender after its
commission.
4. ACCIDENT WITHOUT FAULT OR
INTENTION OF CAUSING IT
IRRESISTIBLE UNCONTROL-
FORCE LABLE FEAR
Offender uses violence Offender employs
or physical force to intimidation or threat in
compel another person compelling another to
to commit a crime. commit a crime.
7. INSUPERABLE CAUSE
INSUPERABLE CAUSE – some motive which
has lawfully, morally or physically prevented a
person to do what the law commands.
BASIS: Lack of negligence or intent.
ELEMENTS:
a) A person is performing a lawful act;
b) With due care;
c) He causes injury to another by mere
accident;
d) Without fault or intention of causing it.
5. A PERSON WHO ACTS UNDER THE
COMPULSION OF AN IRRESISTIBLE
FORCE
ELEMENTS:
a) That the compulsion is by means of
physical force.
b) That the physical force must be
irresistible.
c) That the physical force must come
from a third person.
BASIS: Complete absence of freedom or
voluntariness.

The force must be so irresistible as to
reduce the actor to a mere instrument who
act not only without will but against his will.
6. UNCONTROLLABLE FEAR
ELEMENTS:
a) That the threat which causes the fear
is of an evil greater than, or at least
equal to, that which he is required to
commit;
b) That it promises an evil of such gravity
and imminence that the ordinary man
would have succumbed to it.

Duress as a valid defense should be
based on real, imminent, or reasonable
fear for one’s life or limb and should not be
speculative, fanciful, or remote fear.
“ACTUS ME INVITO FACTUS NON EST
MEUS ACTUS” – An act done by me against
my will is not my act.
ELEMENTS:
1. That an act is required by law to be done.
2. That a person fails to perform such act.
3. That his failure to perform such act was
due to some lawful or insuperable cause.
Examples:
a) The municipal president detained the
offended party for three days because to
take him to the nearest justice of the
peace required a journey for three days by
boat as there was no other means of
 transportation. (US vs. Vicentillo, 19 Phil.
118)
The distance which required a journey Chapter Three: Circumstances Which
for three days was considered an Mitigate Criminal Liability
insuperable cause.
 ART.13 MITIGATING CIRCUMSTANCES
NOTE: Under the law, the person arrested
must be delivered to the nearest judicial
MITIGATING CIRCUMSTANCES – those
authority at most within 18 hours (now 36
which, if present in the commission of the
hours, Art. 125 RPC); otherwise, the public
crime, do not entirely free the actor from
officer will be liable for arbitrary detention.
criminal liability, but serve only to reduce the
b) A mother who at the time of childbirth was penalty.
overcome by severe dizziness and
extreme debility, and left the child in a
One single fact cannot be made the basis
thicket were said child died, is not liable for of more than one mitigating circumstance.
infanticide because it was physically Hence, a mitigating circumstance arising
impossible for her to take home the child. from a single fact, absorbs all the other
(People vs. Bandian, 63 Phil. 530). mitigating circumstances arising from the
The severe dizziness and extreme same fact.
debility of the woman constitute an
insuperable cause. BASIS: Diminution of either freedom of
action, intelligence, or intent, or on the lesser
ABSOLUTORY CAUSES - are those where perversity of the offender.
the act committed is a crime but for reasons of
public policy and sentiment, there is no penalty CLASSES ORDINARY PRIVILEGED
imposed. Source Subsections 1- Arts. 68, 69
10 of Art. 13 and 64 of RPC
Other absolutory causes: (RPC)
1. Spontaneous desistance (Art. 6) As to the If not offset (by It operates to
2. Accessories who are exempt from criminal effect an aggravating reduce the
liability (Art. 20) circumstance) penalty by one
3. Death or physical injuries inflicted under it will operate to two degrees
exceptional circumstances (Art. 247) to have the depending
4. Persons exempt from criminal liability for penalty upon what the
imposed at its law provides
theft, swindling and malicious mischief
minimum
(Art. 332) period,
5. Instigation provided the
penalty is a

Entrapment is NOT an absolutory cause. divisible one
A buy-bust operation conducted in As to offset May be offset Cannot be
connection with illegal drug-related by aggravating offset
offenses is a form of entrapment. circumstance

ENTRAPMENT INSTIGATION 1. INCOMPLETE JUSTIFYING OR

1. Ways and means 1. Instigator induces EXEMPTING CIRCUMSTANCES
are resorted to for the the would-be accused
capture of lawbreaker to commit the crime,
Applies, when all the requisites necessary
in the execution of his hence he becomes a to justify the act or to exempt from criminal
criminal plan. co-principal. liability are not attendant.
2. The means 2. The law enforcer
originates from the conceives the

But in the case of “incomplete self-
mind of the criminal. commission of the defense, defense of relatives, and defense
crime and suggests to of a stranger”, unlawful aggression must
the accused who be present, it being an indispensable
adopts the idea and requisite.
carries it into
execution. 2. UNDER 18, OR OVER 70 YEARS OLD
3. Not a bar to the 3. It will result in the
prosecution and acquittal of the
It is the age of the accused at the time of
conviction of the accused.
the commission of the crime which should
lawbreaker.
 be determined. His age at the time of the
trial is immaterial.
Legal effects of various ages of offender
Nine (9) years of age and below – exempting
circumstance. (Art. 12, par. 2)
Over 9 but not more than 15 – exempting
unless, he acted with discernment in
which case penalty is reduced to at least
two (2) degrees lower than that imposed.
(Art. 12, par. 3; Art. 68, par. 1)
Above 15 but under 18 - regardless of
discernment, penalty is reduced by one
(1) degree lower than that imposed. (Art.
68 par. 2)
Minor delinquent under 18 years of age -
sentence suspended (Art. 192, PD 603
as amended by PD 1179)
18 years or over – full criminal responsibility.
70 years or over – mitigating, no imposition of
death penalty; if already imposed,
execution of death penalty is suspended
and commuted.
BASIS: Diminution of intelligence
3. NO INTENTION TO COMMIT SO GRAVE
A WRONG
Rule for the application:
Can be taken into account only when the facts
proven show that there is a notable and
evident disproportion between the means
employed to execute the criminal act and its
consequences.

Intention may be ascertained
considering:
a) the weapon used
b) the part of the body injured
c) the injury inflicted
d) the manner it is inflicted

Not applicable to felonies by negligence.

Not applicable to felonies where intention
is immaterial.
PROVOCATION VINDICATION
1. It is made directly 1. The grave offense
only to the person may be committed also
committing the felony. against the offender’s
relatives mentioned by
law.
2. The cause that 2. The offended party
brought about the must have done a grave
provocation need not offense to the offender
be a grave offense. or his relatives
mentioned by law.
BASIS: Intent is diminished.
4. PROVOCATION OR THREAT
PROVOCATION – any unjust or improper
conduct or act of the offended party, capable
of exciting, inciting or irritating any one.
REQUISITES:
1. The provocation must be sufficient.
2. It must originate from the offended party.
3. The provocation must be immediate to the
commission of the crime by the person
who is provoked.

The threat should not be offensive and
positively strong. Otherwise, the threat to
inflict real injury is an unlawful aggression,
which may give rise to self-defense.
BASIS: Diminution of intelligence and intent.
The liability of the accused is mitigated only
insofar as it concerns the harm inflicted on the
person who made the provocation, but not with
regard to the other victims who did not
participate in the provocation (US vs.
Malabanan, 9 Phil. 262)
5. VINDICATION OF GRAVE OFFENSE
REQUISITES:
1. That there be a grave offense done to the
one committing the felony, his spouse,
by ascendants; descendants, legitimate,
natural or adopted brothers or sisters or
relatives by affinity within the same
degrees;
2. That the felony is committed in immediate
vindication of such grave offense.

“Immediate” allows for a lapse of time
unlike in sufficient provocation, as long as
the offender is still suffering from the
mental agony brought about by the
offense to him.
3. It is necessary that 3. The vindication of
the provocation or the grave offense may
threat immediately be proximate, which
preceded the act. admits of an INTERVAL
of time.
Basis to determine gravity of offense in
vindication:
1. social standing of the person
2. place and
3. time when the insult was made

6. PASSION OR OBFUSCATION
It requires that:
1. The accused acted upon an impulse.
2. The impulse must be so powerful that it
naturally produced passion or obfuscation
in him.
REQUISITES:
1. That there be an act, both unlawful and
sufficient to produce such a condition of
mind;
2. That said act which produced the
obfuscation was not far removed from the
commission of the crime by a considerable
length of time, during which the
perpetrator might recover his normal
equanimity.
3. The act causing such obfuscation, was
committed by the victim himself.

A mitigating circumstance only when the
same arose from lawful sentiments.
BASIS: Loss of reasoning and self-control,
thereby diminishing the exercise of his will
power.
WHEN PASSION OR OBFUSCATION NOT
MITIGATING: When committed:
1. In the spirit of lawlessness, or
2. In a spirit of revenge
REQUISITES OF VOLUNTARY
SURRENDER:
1. That the offender had not been actually
arrested;
2. That the offender surrendered himself to a
person in authority or to the latter’s agent;
3. That the surrender was voluntary.
WHEN SURRENDER VOLUNTARY
A surrender to be voluntary must be
spontaneous, showing the intent of the
accused to submit himself unconditionally to
the authorities, either because:
1. he acknowledges his guilt; or
2. he wishes to save them the trouble
and expense necessarily incurred in
his search and capture.
REQUISITES OF VOLUNTARY PLEA OF
GUILTY:
1. That the offender spontaneously
confessed his guilt.
2. That the confession of guilt was made in
open court, that is, before the competent
court that is to try the case; and
3. That the confession of guilt was made
prior to the presentation of evidence for
the prosecution.
REASON: plea of guilty is an act of
repentance and respect for the law; it indicates
a moral disposition in the accused, favorable
to his reform
BASIS: lesser perversity of the offender.

PASSION/
PROVOCATION
OBFUSCATION
produced by an the provocation comes
impulse which may be from the injured party.
caused by provocation
the offense need not must immediately
be immediate. It is precede the
only required that the commission of the
influence thereof lasts crime.
until the moment the
crime is committed

Passion and obfuscation cannot CO-EXIST

with:
1. vindication of grave offense
2. treachery

7. SURRENDER AND CONFESSION OF

GUILT

TWO MITIGATING CIRCUMSTANCES:

1. Voluntary surrender to a person in
authority or his agents.
2. Voluntary confession of guilt before the
court prior to the presentation of evidence
for the prosecution.
8. PHYSICAL DEFECT OF OFFENDER

When the offender is deaf and dumb, blind
or otherwise suffering from some physical
defect, restricting his means of action,
defense or communication with others.

The physical defect must relate to the
offense committed.
BASIS: diminution of element of voluntariness.
9. ILLNESS OF THE OFFENDER
REQUISITES:
a) That the illness of the offender must
diminish the exercise of his will-power.
b) That such illness should not deprive
the offender of consciousness of his
acts.

Includes illness of the mind not amounting
to insanity.
BASIS: Diminution of intelligence and intent.
10. SIMILAR AND ANALOGOUS
CIRCUMSTANCES
EXAMPLES:
1. Impulse of jealousy, similar to passion and
obfuscation.
2. Testifying for the prosecution, analogous
to plea of guilty
3. Over 60 years old with failing sight, similar
to over 70 years of age under par. 2.
Chapter Four: Circumstances which
Aggravate Criminal Liability
AGGRAVATING CIRCUMSTANCES – are
those which, if attendant in the commission of
the crime, serve to have the penalty imposed
in its maximum period provided by law for the
offense or change the nature of the crime.
BASIS: They are based on the greater
perversity of the offender manifested in the
commission of the felony as shown by:
1. the motivating power itself;
2. the place of the commission;
3. the means and ways employed
4. the time; or
5. the personal circumstances of the
offender, or the offended party.
KINDS OF AGGRAVATING
CIRCUMSTANCES:
1. Generic – those which apply to all crimes,
such as:
a) Advantage taken of public position;
b) Contempt or insult of public
authorities;
c) Crime committed in the dwelling of the
offended party;
d) Abuse of confidence or obvious
ungratefulness;
e) Place where crime is committed;
f) Nighttime, uninhabited place, or band;
g) Recidivism (reincidencia);
h) Habituality (reiteracion);
i) Craft, fraud or disguise;
j) Unlawful entry;
k) Breaking of parts of the house;
l) Use of persons under 15 years of age.
2. Specific – those which apply only to
specific crimes, such as ignominy in
crimes against chastity and cruelty and
treachery which are applicable only to
crimes against persons.
a) Disregard of rank, age or sex due the
offended party;
b) Abuse of superior strength or means
be employed to weaken the defense;
c) Treachery (alevosia);
d) Ignominy;
e) Cruelty;
f) Use of unlicensed firearm in the
murder or homicide committed
therewith (RA 8294).
3. Qualifying – those that change the nature
of the crime.

Alevosia (treachery) or evident
premeditation qualifies the killing of a
person to murder.

Art. 248 enumerates the qualifying
aggravating circumstances which
quality the killing of person to murder.
4. Inherent – those which of necessity
accompany the commission of the crime,
therefore not considered in increasing the
penalty to be imposed, such as:
a) Evident premeditation in robbery,
theft, estafa, adultery and
concubinage;
b) Abuse of public office in bribery;
c) Breaking of a wall or unlawful entry
into a house in robbery with the use of
force upon things;
d) Fraud in estafa;
e) Deceit in simple seduction;
f) Ignominy in rape.
5. Special – those which arise under special
conditions to increase the penalty of the
offense and cannot be offset by mitigating
circumstances, such as:
 a) Quasi-recidivism (Art. 160); c) From any personal cause, shall only
b) Complex crimes (Art. 48); serve to aggravate the liability of the
c) Error in personae (Art. 49); principals, accomplices and
d) Taking advantage of public position accessories as to whom such
and membership in an circumstances are attendant. (Art. 62,
organized/syndicated crime group par. 3)
(Par.1[a], Art. 62).
4. The circumstances which consist:
a) In the material execution of the act, or
GENERIC QUALIFYING b) In the means employed to accomplish
AGGRAVATING AGGRAVATING it, shall serve to aggravate the liability
CIRCUMSTANCE CIRCUMSTANCE of those persons only who had
As to its effect knowledge of them at the time of the
Increases the penalty To give the crime its execution of the act or their
which should be proper and exclusive cooperation therein. Except when
imposed upon the name and to place the there is proof of conspiracy in which
accused to the author thereof in such case the act of one is deemed to be
maximum period but a situation as to the act of all, regardless of lack of
without exceeding the deserve no other knowledge of the facts constituting the
limit prescribed by law. penalty than that
circumstance. (Art. 62, par. 4)
specially prescribed by
law for said crime.
5. Aggravating circumstances, regardless of
As to whether it can be offset by a its kind, should be specifically alleged in
mitigating circumstance the information AND proved as fully as the
May be offset by a Cannot be offset by a crime itself in order to increase the
mitigating mitigating penalty. (Sec. 9, Rule 110, 2000 Rules of
circumstance. circumstance
Criminal Procedure)

RULES ON AGGRAVATING 6. When there is more than one qualifying

CIRCUMSTANCES:
1. Aggravating circumstances shall not be
appreciated if:
a) They constitute a crime specially
punishable by law; or
b) They are included by the law in
defining a crime and prescribing a
penalty therefore, shall not be taken
into account for the purpose of
increasing the penalty.
EXAMPLE: “That the crime be committed
by means of …fire,…explosion” (Art. 14,
par. 12) is in itself a crime of arson (Art.
321) or a crime involving destruction (Art.
324). It is not to be considered to increase
the penalty for the crime of arson or for the
crime involving destruction.
2. The same rule shall apply with respect to
any aggravating circumstance inherent in
the crime to such a degree that it must of
necessity accompany the commission
thereof. (Art. 62, par. 2)
3. Aggravating circumstances which arise:
a) From the moral attributes of the
offender; or
b) From his private relations with the
offended party; or
aggravating circumstance present, one of
them will be appreciated as qualifying
aggravating while the others will be
considered as generic aggravating.
 ART. 14 – AGGRAVATING
CIRCUMSTANCES
Par. 1. – That advantage be taken by the
offender of his public position.

Applicable only when the offender is a
public officer.

The public officer must use the influence,
prestige or ascendancy which his office
gives him as the means by which he
realizes his purpose

This circumstance cannot be taken into
consideration in offenses where taking
advantage of official position is made by
law an integral element of the crime, such
as in malversation under Art. 217, or in
falsification of a document committed by
public officers under Art. 171.

Taking advantage of a public position is
also inherent in the case of accessories
under Art. 19, par. 3 (harboring,
concealing, or assisting in the escape of
the principal of the crime), and in crimes
committed by public officers (Arts. 204-
245).
Par. 2 – That the crime be committed in
contempt of or with insult to the public
authorities.
REQUISITES OF THIS CIRCUMSTANCE:
1. That the public authority is engaged in the
exercise of his functions.
2. That the public authority is not the person
against whom the crime is committed.
3. The offender knows him to be a public
authority.
4. His presence has not prevented the
offender from committing the criminal act.
Public authority – sometimes also called a
person in authority, is a public officer who is
directly vested with jurisdiction, that is, a public
officer who has the power to govern and
execute the laws; like a mayor, councilor,
governor, barangay captain and barangay
chairman.

Teachers or professors of a public or
recognized private school and lawyers are
not “public authority within the
contemplation of this paragraph. While
they are persons in authority under Art.
152, that status is only for purposes of Art.
148 (direct assault) and Art. 152
(resistance and disobedience).
Par. 3 – That the act be committed
(1) with insult or in disregard of the
respect due the offended party on account
of his (a) rank, (b) age, or (c) sex, or
(2) that it be committed in the
dwelling of the offended party, if the latter
has not given provocation.

The four circumstances enumerated
should be considered as one aggravating
circumstance only.

Disregard of rank, age or sex is essentially
applicable only to crimes against person or
honor. They are not taken into account in
crimes against property.

To be appreciated as an aggravating
circumstance, there must be evidence that
in the commission of the crime, the
offender deliberately intended to offend or
insult the sex, age and rank of the
offended party.
Rank of the offended party – is the
designation or title of distinction used to fix the
relative position of the offended party in
reference to others.
- there must be a difference in the social
condition of the offender and the offended
party.
Age of the offended party – may refer to old
age or the tender age of the victim.
Sex of the offended party – refers to the
female sex, not to the male sex.
THE AGGRAVATING CIRCUMSTANCE OF
DISREGARD OF RANK, AGE, OR SEX IS
NOT APPLICABLE IN THE FOLLOWING
CASES:
1. When the offender acted with passion and
obfuscation.
2. When there exists a relationship between
the offended party and the offender.
3. When the condition of being a woman is
indispensable in the commission of the
crime. (e.g. in parricide, abduction,
seduction and rape)

Disregard of sex and age are not
absorbed in treachery because treachery
refers to the manner of the commission of
the crime, while disregard of sex and age
pertains to the relationship of the victim
(People vs. Lapaz, March 31, 1989).
Dwelling – must be a building or structure,
exclusively used for rest and comfort. A
“combination of a house and a store” or a
market stall where the victim slept is not a
dwelling.
- dwelling includes dependencies,
the foot of the staircase and enclosure under
the house.

The aggravating circumstance of dwelling
requires that the crime be wholly or partly
committed therein or in any integral part
thereof.

Dwelling does not mean the permanent
residence or domicile of the offended party
or that he must be the owner thereof. He
must, however, be actually living or
dwelling therein even for a temporary
duration or purpose.

It is not necessary that the accused should
have actually entered the dwelling of the
victim to commit the offense; it is enough
that the victim was attacked inside his own
house, although the assailant may have
devised means to perpetrate the assault
from without.
WHAT AGGRAVATES THE COMMISSION
OF THE CRIME IN ONE’S DWELLING:
1. The abuse of confidence which the
offended party reposed in the offender by
opening the door to him; or
2. The violation of the sanctity of the home
by trespassing therein with violence or
against the will of the owner.
MEANING OF PROVOCATION IN THE
AGGRAVATING CIRCUMSTANCE OF
DWELLING:
The provocation must be:
1. Given by the owner of the dwelling,
2. Sufficient, and
3. Immediate to the commission of the crime.

If all these conditions are present, the
offended party is deemed to have given
the provocation, and the fact that the crime
is committed in the dwelling of the
offended party is not an aggravating
circumstance.
REASON: When it is the offended party
who has provoked the incident, he loses
his right to the respect and consideration
due him in his own house.
DWELLING IS NOT AGGRAVATING IN THE
FOLLOWING CASES:
1. When both the offender and the offended
party are occupants of the same house,
and this is true even if offender is a
servant in the house.

EXCEPTION: In case of adultery in
the conjugal dwelling, the same is
aggravating. However, if the paramour
also dwells in the conjugal dwelling,
the applicable aggravating
circumstance is abuse of confidence.
2. When robbery is committed by the use of
force upon things, dwelling is not
aggravating because it is inherent.

But dwelling is aggravating in robbery with
violence against or intimidation of persons
because this class of robbery can be
committed without the necessity of
trespassing the sanctity of the offended
party’s house.
3. In the crime of trespass to dwelling, it is
inherent or included by law in defining the
crime.
4. When the owner of the dwelling gave
sufficient and immediate provocation.

There must exist a close relation
between the provocation made by the
victim and the commission of the
crime by the accused.
5. The victim is not a dweller of the house.
Par. 4. – That the act be committed with
(1) abuse of confidence, or
(2) obvious ungratefulness.

Par. 4 provides two aggravating
circumstances which, if present in the
same case must be independently
appreciated.

While one may be related to the other in
the factual situation in the case, they
cannot be lumped together as abuse of
confidence requires a special confidential
relationship between the offender and the
victim, but this is not so in ungratefulness.
REQUISITES OF ABUSE OF CONFIDENCE:
1. That the offended party had trusted the
offender.
2. That the offender abused such trust by
committing a crime against the offended
party.
3. That the abuse of confidence facilitated
the commission of the crime.

Abuse of confidence is inherent in
malversation (Art. 217), qualified theft (Art.
310), estafa by conversion or
misappropriation (Art. 315), and qualified
seduction (Art. 337).
REQUISITES OF OBVIOUS
UNGRATEFULNESS:
1. That the offended party had trusted the
offender;
2. That the offender abused such trust by
committing a crime against the offended
party.
3. That the act be committed with obvious
ungratefulness.

The ungratefulness contemplated by par.
4 must be such clear and manifest
ingratitude on the part of the accused.
Par. 5 – That the crime be committed
(1) in the palace of the Chief
Executive, or
(2) in his presence, or
(3) where public authorities are
engaged in the discharge of their duties, or
(4) in a place dedicated to religious
worship.

Except for the third which requires that
official functions are being performed at
the time of the commission of the crime,
the other places mentioned are
aggravating per se even if no official duties
or acts of religious worship are being
conducted there.

Cemeteries, however respectable they
may be, are not considered as place
dedicated to the worship of God.
 PAR. 5. Where
public authorities PAR. 2. Contempt
are engaged in the or insult to public
discharge of their authorities
duties
In both
Public authorities are in the performance of their
duties
Place where public duty is performed
In their office. Outside of their office.
The offended party
May or may not be the Public authority should
public authority not be the offended
party
Par. 6. – That the crime be committed
(1) in the nighttime, or
(2) in an uninhabited place, or
(3) by a band, whenever such
circumstance may facilitate the
commission of the offense.

When present in the same case and their
element are distinctly palpable and can
subsist independently, they shall be
considered separately.
WHEN NIGHTTIME, UNINHABITED PLACE
OR BAND AGGRAVATING:
1. When it facilitated the commission of the
crime; or
2. When especially sought for by the offender
to insure the commission of the crime or
for the purpose of impunity; or
3. When the offender took advantage thereof
for the purpose of impunity.
Nighttime (obscuridad) – that period of
darkness beginning at end of dusk and ending
at dawn. Nights are from sunset to sunrise.

It is necessary that the commission of the
crime was begun and completed at
nighttime.

When the place of the crime is illuminated
by light, nighttime is not aggravating.
GENERAL RULE: Nighttime is absorbed in
treachery.
EXCEPTION: Where both the treacherous
mode of attack and nocturnity were
deliberately decided upon in the same case,
they can be considered separately if such
circumstances have different factual bases.
Thus:

In People vs. Berdida, et. al. (June 30,
1966), nighttime was considered since it
was purposely sought, and treachery was
further appreciated because the victim’s
hands and arms were tied together before
he was beaten up by the accused.
Uninhabited place (despoblado) – one
where there are no houses at all; a place at a
considerable distance from town, or where the
houses are scattered at a great distance from
each other.

What actually determines whether this
aggravating circumstance should be
considered against the accused, aside
from the distance and isolation of the
place, is the reasonable possibility of the
victim receiving or securing aid from third
persons.
Band (en cuadrilla) – whenever more than
three (i.e., at least four) armed malefactors
shall have acted together in the commission of
an offense, it shall be deemed committed by a
band.

The requisite four armed persons
contemplated in this circumstance must all
be principals by direct participation who
acted together in the execution of the acts
constituting the crime.

If one of them was a principal by
inducement, there would be no cuadrilla
but the aggravating circumstance of
having acted with the aid of armed men
may be considered against the inducer if
the other two acted as his accomplice.

This aggravating circumstance is
absorbed in the circumstance of abuse of
superior strength.

This aggravating circumstance is not
applicable in crimes against chastity.

This aggravating circumstance is inherent
in brigandage.
Par. 7 – That the crime be committed on the
occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or
misfortune.
REASON FOR THE AGGRAVATION:
The debased form of criminality met in one
who, in the midst of a great calamity, instead
of lending aid to the afflicted, adds to their
suffering by taking advantage of their
misfortune to despoil them. Therefore it is
necessary that the offender took advantage of
the calamity or misfortune.
Par. 8 – That the crime be committed with
the aid of:
(1) armed men, or
(2)persons who insure or afford
impunity.
REQUISITES: 3. That both the first and the second offenses
1. That armed men or persons took part in are embraced in the same title of the
the commission of the crime, directly or Code;
indirectly. 4. That the offender is convicted of the new
2. That the accused availed himself of their offense.
aid or relied upon them when the crime
was committed. MEANING OF “at the time of his trial for
one crime.”

This aggravating circumstance requires It is employed in its general sense, including
that the armed men are accomplices who the rendering of the judgment. It is meant to
take part in that minor capacity directly or include everything that is done in the course of
indirectly, and not when they were merely the trial, from arraignment until after sentence
present at the crime scene. Neither should is announced by the judge in open court.
they constitute a band, for then the proper
aggravating circumstance would be “by a
In recidivism it is sufficient that the
band”. succeeding offense be committed after the
commission of the preceding offense
WHEN THIS AGGRAVATING provided that at the time of his trial for the
CIRCUMSTANCE SHALL NOT BE second offense, the accused had already
CONSIDERED: been convicted of the first offense.
1. When both the attacking party and the
party attacked were equally armed.
If both offenses were committed on the
2. When the accused as well as those who same date, they shall be considered as
cooperated with him in the commission of only one, hence, they cannot be
the crime acted under the same plan and separately counted in order to constitute
for the same purpose. recidivism. Also, judgments of convicted
handed down on the same day shall be
considered as only one conviction.
Par. 8. “With the REASON: Because the Code requires that
Par. 6 “By a band”
aid of armed men” to be considered as separate convictions,
at the time of his trial for one crime the
As to their number
Requires more than At least two accused shall have been previously
three armed convicted by final judgment of the other.
malefactors (i.e., at
least four)
To prove recidivism, it is necessary to
allege the same in the information and to
As to their action attach thereto certified copy of the
Requires that more This circumstance is
sentences rendered against the accused.
than three armed present even if one of
malefactors shall have the offenders merely
acted together in the relied on their aid, for
Recidivism must be taken into account no
commission of an actual aid is not matter how many years have intervened
offense. necessary. between the first and second felonies.

If there are four armed men, aid of armed
men is absorbed in employment of a band.
If there are three armed men or less, aid of
armed men may be the aggravating
circumstance.

“Aid of armed men” includes “armed
women.”(People vs. Licop, 94 Phil. 839,
846)
Par. 9 – That the accused is a recidivist
(reincidencia).
REQUISITES:
1. That the offender is on trial for an offense;
2. That he was previously convicted by final
judgment of another crime;

Even if the accused was granted a pardon
for the first offense, but he commits
another felony embraced in the same title
of the Code, the first conviction is still
counted to make him a recidivist since
pardon does not obliterate the fact of his
prior conviction.
The rule is different in the case of
amnesty which theoretically considers the
previous transgressions as not punishable.
Par. 10 – That the offender has been
previously punished (1) for an offense to
which the law attaches an equal or greater
penalty or (2) for two or more crimes to
which it attaches a lighter penalty.
REQUISITES of REITERACION or conviction for a felony. This is a special
HABITUALITY: aggravating circumstance.
1. That the accused is on trial for an offense;
2. That he previously served sentence for
Since reiteracion provides that the
another offense to which the law attaches accused has duly served the sentence for
an his previous conviction/s, or is legally
a) Equal or considered to have done so, quasi-
b) Greater penalty, or recidivism cannot at the same time
c) For two or more crimes to which it constitute reiteracion, hence this
attaches a lighter penalty than that for aggravating circumstance cannot apply to
the new offense; and a quasi-recidivist.
3. That he is convicted of the new offense

If the same set of facts constitutes
recidivism and reiteracion, the liability of
REITERACION RECIDIVISM the accused should be aggravated by
recidivism which can easily be proven.
As to the first offense
It is necessary that the It is enough that a final Par. 11 – That the crime be committed in
offender shall have judgment has been consideration of a price, reward or
served out his rendered in the first promise.
sentence for the first offense.
offense
When this aggravating circumstance is
As to the kind of offenses involved present, there must be two or more
The previous and Requires that the principals, the one who gave or offered the
subsequent offenses offenses be included in price or promise and the one who
must not be embraced the same title of the accepted it, both of whom are principals.
in the same title of the Code.
Code.

If without previous promise it was given
As to frequency voluntarily after the crime had been
Not always an Always to be taken into
committed as an expression of his
aggravating consideration in fixing
circumstance the penalty to be appreciation for the sympathy and aid
imposed upon the shown by the other accused, it should not
accused . be taken into consideration for the purpose
of increasing the penalty.
THE FOUR FORMS OF REPETITION ARE:
1. Recidivism (par. 9, Art. 14) – where a
The price, reward or promise need not
person, on separate occasions, is convicted of consist of or refer to material things or that
two offenses embraced in the same title in the the same were actually delivered, it being
RPC. This is a generic aggravating sufficient that the offer made by the
circumstance. principal by inducement be accepted by
the principal by direct participation before
2. Reiteracion or habituality (par. 10, Art. the commission of the offense.
14) – where the offender has been previously
punished for an offense to which the law Par. 12 – That the crime be committed by
attaches an equal or greater penalty or for two means of inundation, fire, poison,
crimes to which it attaches a lighter penalty. explosion, stranding of a vessel or
This is a generic aggravating circumstance. intentional damage thereto, derailment of a
locomotive, or by the use of any other
3. Multi-recidivism or habitual delinquency artifice involving great waste and ruin.
(Art. 62, par, 5) – where a person within a
period of ten years from the date of his release
When another aggravating circumstance
or last conviction of the crimes of serious or already qualifies the crime, any of these
less serious physical injuries, robbery, theft, aggravating circumstances shall be
estafa or falsification, is found guilty of the said considered as generic aggravating
crimes a third time or oftener. This is an circumstance only.
extraordinary aggravating circumstance.

A killing committed through any of these
4. Quasi-recidivism (Art. 160) – Where a qualifies the crime to murder, except if
person commits felony before beginning to arson was resorted to but without intent to
serve or while serving sentence on a previous kill, in view of P.D. 1613 which provides a
specific penalty for that situation.
 PAR. 7 “on the premeditation, because whoever is killed
PAR. 12 “by means
occasion of a by him is contemplated in his
of inundation, fire,
conflagration, premeditation.
etc.”
shipwreck, etc.
The crime is committed The crime is committed
Evident premeditation, while inherent in
by means of any such on the occasion of a robbery, may be aggravating in robbery
acts involving great calamity or misfortune. with homicide if the premeditation included
waste or ruin. the killing of the victim.

Par. 13 – That the act be committed with Par. 14 – That (1) craft, (2) fraud, or (3)
evident premeditation disguise be employed
REQUISITES: Craft (astucia) – involved the use of
The prosecution must prove – intellectual trickery or cunning on the part of
1. The time when the offender determined to the accused.
commit the crime; - it is a chicanery resorted to by the
2. An act manifestly indicating that the culprit accused to aid in the execution of his criminal
has clung to his determination; and design. It is employed as a scheme in the
3. A sufficient lapse of time between the execution of the crime.
determination and execution, to allow him
to reflect upon the consequences of his Fraud (fraude) – insidious words or
act and to allow his conscience to machinations used to induce the victim to act
overcome the resolution of his will. in a manner which would enable the offender
to carry out his design.

The essence of evident premeditation is
that the execution of the criminal act is
preceded by cool thought and reflection FRAUD CRAFT
upon the resolution to carry out the
criminal intent within a space of time Where there is a direct The act of the accused
sufficient to arrive at a calm judgment. inducement by done in order not to
insidious words or arouse the suspicion of
(People vs. Abadies, GR No. 135975, machinations, fraud is the victim constitutes
August 14, 2002) present. craft.

Evident premeditation is presumed to exist

when conspiracy is directly established.

According to Justice Regalado, the fine
When conspiracy is merely implied,
distinctions between “craft” and “fraud”
evident premeditation cannot be
would not really be called for as these
presumed, the latter must be proved like
terms in Art. 14 are variants of means
any other fact. (People vs. Sapigao, et. al.,
employed to deceive the victim and if all
GR No. 144975, June 18, 2003)
are present in the same case, they shall
be applied as a single aggravating

Premeditation is absorbed by reward or
circumstance.
promise but only insofar as the inducer is
concerned since he obviously reflected

Craft and fraud may be absorbed in
thereon in planning the crime but not the
treachery if they have been deliberately
person induced since one can be a
adopted as the means, methods or forms
principal by direct participation without the
for the treacherous strategy, or they may
benefit of due reflection.
co-exist independently where they are
adopted for a different purpose in the

When the offender decides to kill a
commission of the crime.
particular person and premeditated on the
killing of the latter, but when he carried out

For instance:
his plan he actually killed another person,
 In People vs. San Pedro (Jan. 22,
it cannot properly be said that he
1980), where the accused pretended
premeditated on the killing of the actual
to hire the driver in order to get his
victim.
vehicle, it was held that there was
craft directed to the theft of the

But if the offender premeditated on the
vehicle, separate from the means
killing of any person, it is proper to
subsequently used to treacherously
consider against the offender the
kill the defenseless driver.
aggravating circumstance of
  In People vs. Masilang (July 11, 1986)
Abuse of superior strength is inherent in
there was also craft where after the crime of parricide where the husband
hitching a ride, the accused requested kills the wife. It is generally accepted that
the driver to take them to a place to the husband is physically stronger than the
visit somebody, when in fact they had wife.
already planned to kill the driver.

Abuse of superior strength is also present
Disguise (disfraz) – resorting to any device to when the offender uses a weapon which is
conceal identity. out of proportion to the defense available
to the offended party.

The test of disguise is whether the device
or contrivance resorted to by the offender
was intended to or did make identification “abuse of superior
“by a band”
more difficult, such as the use of a mask strength”
or false hair or beard. The element of band is The gravamen of
appreciated when the abuse of superiority is

But if in spite of the use of handkerchief to offense is committed the taking advantage
cover their faces, the culprits were by more than three by the culprits of their
armed malefactors collective strength to
recognized by the victim, disguise was not regardless of the overpower their
considered aggravating. comparative strength relatively weaker victim
of the victim or victims. or victims.
Par. 15 – That (1) advantage be taken of Hence, what is taken
superior strength, or (2) means be into account here is
employed to weaken the defense. not the number of
aggressors nor the fact

Par. 15 enunciates two aggravating that they are armed,
circumstances, namely, that advantage but their relative
physical strength vis-a
was taken of superior strength, or that
vis the offended party.
means were employed by the offender to
weaken the defense of the victim, either of
which qualifies a killing to murder.
Abuse of superior strength absorbs
cuadrilla (“band”).
MEANING OF “advantage be taken”
To deliberately use excessive force that is out “Means employed to weaken defense” - the
of proportion to the means for self-defense offender employs means that materially
available to the person attacked. (People vs. weakens the resisting power of the offended
Lobrigas, et. al., GR No. 147649, December party.
17, 2002)
EXAMPLES OF “means employed to
NO ADVANTAGE OF SUPERIOR weaken defense”:
STRENGTH IN THE FOLLOWING: 1. Where one, struggling with another,
1. One who attacks another with passion and suddenly throws a cloak over the head of
obfuscation does not take advantage of his opponent and while in this situation he
his superior strength. wounds or kills him.
2. When a quarrel arose unexpectedly and 2. One who, while fighting with another,
the fatal blow was struck at a time when suddenly casts sand or dirt upon the latter
the aggressor and his victim were eyes and then wounds or kills him.
engaged against each other as man to 3. When the offender, who had the intention
man. to kill the victim, made the deceased
intoxicated, thereby materially weakening

For abuse of superior strength, the test is
the latter’s resisting power.
the relative strength of the offender and
his victim, whether or not he took
advantage of his greater strength.
This circumstance is applicable only to
crimes against persons, and sometimes

When there are several offenders against person and property, such as
participating in the crime, they must all be robbery with physical injuries or homicide.
principals by direct participation and their
attack against the victim must be
concerted and intended to be so.
Par. 16 – That the act be committed with
treachery (alevosia).
Treachery (alevosia) – is present when the
offender commits any of the crimes against
person, employing means, methods or forms
in the execution thereof which tend directly
and specially to insure its execution, without
risk to himself arising from the defense which
the offended party might make.
REQUISITES OF TREACHERY:
1. That at the time of the attack, the victim
was not in a position to defend himself;
and
2. That the offender consciously adopted the
particular means, method or form of attack
employed by him.

The test of treachery is not only the
relative position of the parties but, more
specifically, whether or not the victim was
forewarned or afforded the opportunity to
make a defense or to ward off the attack.
RULES REGARDING TREACHERY:
1. Applicable only to crimes against persons.
2. Means, methods or forms need not insure
accomplishment of crime.
3. The mode of attack must be consciously
adopted.

Treachery is taken into account even if the
crime against the person is complexed
with another felony involving a different
classification in the Code.

The suddenness of attack does not, of
itself, suffice to support a finding of
alevosia, even if the purpose was to kill, so
long as the decision was made all of a
sudden and the victim’s helpless position
was accidental.

Treachery must be appreciated in the
killing of a child even if the manner of
attack is not shown. It exists in the
commission of the crime when the adult
person illegally attacks a child of tender
years and causes his death.
WHEN MUST TREACHERY BE PRESENT:
When the aggression is continuous, treachery
must be present in the beginning of the
assault. (People vs. Manalad, GR No.
128593, August 14, 2002)

Thus, even if the deceased was shot while
he was lying wounded on the ground, it
appearing that the firing of the shot was a
mere continuation of the assault in which
the deceased was wounded, with no
appreciable time intervening between the
delivery of the blows and the firing of the
shot, it cannot be said that the crime was
attended by treachery.

When the assault was not continuous, in
that there was interruption, it is sufficient
that treachery was present at the moment
the fatal blow was given.(US vs. Baluyot)
 Hence, even though in the inception of
the aggression which ended in the
death of the deceased, treachery was
not present, if there was a break in the
continuity of the aggression and at the
time of the fatal wound was inflicted
on the deceased he was defenseless,
the circumstance of treachery must be
taken into account.
ALEVOSIA SHOULD BE CONSIDERED
EVEN IF:
1. The victim was not predetermined but
there was a generic intent to treacherously
kill any first two persons belonging to a
class. (The same rule obtains for evident
premeditation).
2. There was aberratio ictus and the bullet hit
a person different from that intended. (The
rule is different in evident premeditation).
3. There was error in personae, hence the
victim was not the one intended by the
accused. (A different rule is applied in
evident premeditation).
REASON FOR THE RULE: When there is
treachery, it is impossible for either the
intended victim or the actual victim to defend
himself against the aggression.
TREACHERY ABSORBS:
1. Craft
2. Abuse of superior strength
3. Employing means to weaken the defense
4. Cuadrilla (“band”)
5. Aid of armed men
6. Nighttime
Treachery cannot co-exist with passion or
obfuscation (People vs. Pansensoy, GR
No. 140634, Sept. 12, 2002)
Par. 17 – That means be employed or
circumstances brought about which add
ignominy to the natural effects of the act.
Ignominy – is a circumstance pertaining to the
moral order, which adds disgrace and obloquy
to the material injury caused by the crime.
MEANING OF “which add ignominy to the
natural effects thereof”
The means employed or the circumstances
brought about must tend to make the effects of
moral suffering. Thus it is incorrect to
appreciate ignominy where the victim was
already dead when his body was
dismembered, for such act may not be
considered to have added to the victim’s moral
suffering or humiliation. (People vs. Carmina,
G.R. No. 81404, January 28, 1991)

Applicable to: (1) crimes against
chastity, (2) less serious physical
injuries, (3) light or grave coercion, and
(4) murder.
Par. 18 – That the crime be committed after
an unlawful entry.
Unlawful entry – when an entrance is
effected by a way not intended for the
purpose.

Unlawful entry must be a means to effect
entrance and not for escape.
REASON FOR AGGRAVATION:
One who acts, not respecting the walls erected
by men to guard their property and provide for
their personal safety, shows a greater
perversity, a greater audacity; hence, the law
punishes him with more severity.
UNLAWFUL ENTRY IS INHERENT IN:
1. robbery with the use of force upon things
2. trespass to dwelling
Par. 19 – That as a means to the
commission of a crime, a wall, roof, floor,
door, or window be broken.

This circumstance is aggravating only in
those cases where the offender resorted
to any of said means to enter the house. If
the wall, etc., is broken in order to get out
of the place, it is not an aggravating
circumstance.
PAR. 19 PAR. 18
It involves the breaking Presupposes that
(rompimiento) of the there is no such
enumerated parts of breaking as by entry
the house. through the window.

If the offender broke a window to enable
himself to reach a purse with money on
the table near that window, which he took
while his body was outside of the building,
the crime more humiliating to victim or to put
the offended party to shame, or add to his
the crime of theft was attended by this
aggravating circumstance. It is not
necessary that the offender should have
entered the building.
Par. 20 – That the crime be committed
(1) with the aid of persons under
fifteen years of age, or
(2) by means of motor vehicles,
airships, or other similar means.
TWO DIFFERENT CIRCUMSTANCES
GROUPED IN THIS PARAGRAPH:
1. With the aid of persons under fifteen years
of age.

Tends to repress, so far as possible,
the frequent practice resorted to by
professional criminals to avail
themselves of minors taking
advantage of their irresponsibility.
2. By means of motor vehicles, airships, or
other similar means.

Intended to counteract the great
facilities found by modern criminals in
said means to commit crime and flee
and abscond once the same is
committed.

Use of motor vehicle is aggravating
where the accused purposely and
deliberately used the motor vehicle (1)
in going to the place of the crime, (2)
in carrying away the effects thereof,
and (3) in facilitating their escape.
MEANING OF “or other similar means”
Should be understood as referring to
motorized vehicles or other efficient means of
transportation similar to automobile or
airplane.
Par. 21 – That the wrong done in the
commission of the crime be deliberately
augmented by causing other wrong not
necessary for its commission.
Cruelty – there is cruelty when the culprit
enjoys and delights in making his victim suffer
slowly and gradually, causing unnecessary
physical pain in the consummation of the
criminal act.
REQUISITES OF CRUELTY:
1. That the injury caused be deliberately
increased by causing other wrong;
2. That the other wrong be unnecessary for
the execution of the purpose of the
offender.
 wounds found on the body of the victim

Cruelty is not inherent in crimes against were inflicted while he was still alive in
persons. In order for it to be appreciated, order unnecessarily to prolong physical
there must be positive proof that the suffering.

If the victim was already dead when the mother’s/father’s affection, care and
acts of mutilation were being performed, protection.
this would also qualify the killing to murder
due to outraging of his corpse. 2. The relationship of adopted parent and
adopted child.

But the relationship of uncle and niece is
IGNOMINY CRUELTY not covered by any of the relationship
(PAR.17) (PAR. 21) mentioned.
Involves moral Refers to physical
suffering suffering WHEN RELATIONSHIP MITIGATING AND
WHEN AGGRAVATING:
1. In crimes against property, as a rule,

Unlike mitigating circumstances (par. 10, relationship is mitigating, by analogy to the
Art. 13), there is no provision for provisions of Art. 332.
aggravating circumstances of a similar or
Thus, relationship is mitigating in the
analogous character. crimes of robbery (Arts. 294-302),
usurpation (Art. 312), fraudulent
insolvency (Art. 314) and arson (Arts.
 ART. 15 – ALTERNATIVE 321-322, 325-326).
CIRCUMSTANCES
2. In crimes against persons –
ALTERNATIVE CIRCUMSTANCES – are a) It is aggravating where the offended
those which must be taken into consideration party is a relative of
as aggravating or mitigating according to the i. a higher degree than the offender,
nature and effects of the crime and the other or
conditions attending its commission. ii. when the offender and the
offended party are relatives of the
BASIS: The nature and effects of the crime same level (e.g. brothers)
and the other conditions attending its b) But when it comes to any of the
commission. physical injuries:
i. It is aggravating when the crime
THE ALTERNATIVE CIRCUMSTANCES against persons is serious
ARE: physical injuries (Art. 263), even if
1. Relationship; the offended party is a descendant
2. Intoxication; and of the offender. But the serious
3. Degree of instruction and education of the physical injuries must not be
offender. inflicted by a parent upon his child
by excessive chastisement.
RELATIONSHIP ii. It is mitigating when the offense
The alternative circumstance of relationship committed is less serious physical
shall be taken into consideration when the injuries or slight physical injuries, if
offended party is the – the offended party is a relative of a
a) Spouse, lower degree; and aggravating if
b) Ascendant, the offended party is a relative of a
c) Descendant, higher degree of the offender.
d) Legitimate, natural, or adopted brother c) When the crime is homicide or
or sister, or murder, relationship is aggravating
e) Relative by affinity in the same degree even if the victim of the crime is a
of the offender. relative of a lower degree.
d) In rape, relationship is aggravating
where a stepfather raped his
OTHER RELATIVES INCLUDED: stepdaughter or in a case where a
1. The relationship of stepfather or father raped his own daughter.
stepmother and stepson or stepdaughter. 3. In crimes against chastity, like acts of
REASON: It is the duty of the stepparents lasciviousness (Art. 336), relationship is
to bestow upon their stepchildren a always aggravating, regardless of whether
 the offender is a relative of a higher or the offender and the offended party, it is
lower degree of the offended party. neither mitigating nor aggravating,
because it is inseparable from and

When the qualification given to the crime inherent in the offense. (e.g. parricide,
is derived from the relationship between adultery and concubinage).
WHEN INTOXICATION MITIGATING AND
WHEN AGGRAVATING:
1. Mitigating – TITLE TWO: PERSONS CRIMINALLY
a) If intoxication is not habitual, or LIABLE FOR FELONIES
b) If intoxication is not subsequent to the
plan to commit a felony.  ART. 16 – WHO ARE
2. Aggravating – CRIMINALLY LIABLE
a) If intoxication is habitual, or
b) If it is intentional (subsequent to the FOR GRAVE AND LESS GRAVE FELONIES:
plan to commit a felony). 1. Principals
2. Accomplices
TO BE ENTITLED TO THE MITIGATING 3. Accessories
CIRCUMSTANCE OF INTOXICATION, IT
MUST BE SHOWN: FOR LIGHT FELONIES:
a) That at the time of the commission of the 1. Principals
criminal act, the accused has taken such 2. Accomplices
quantity of alcoholic drinks as to blur his

Accessories are not liable for light felonies.
reason and deprive him of a certain
REASON: In the commission of light
degree of control, and
felonies, the social wrong as well as the
b) That such intoxication is not habitual, or
individual prejudice is so small that penal
subsequent to the plan to commit the
sanction is deemed not necessary for
felony.
accessories.

To be mitigating, the accused’s state of
The classification of the offenders as

intoxication must be proved. Once principal, accomplice, or an accessory is
intoxication is established by satisfactory essential under the RPC. The
evidence, in the absence of proof to the classification maybe applied to special
contrary, it is presumed to be non-habitual laws only if the latter provides for the same
or unintentional. graduated penalties as those provided
under the RPC.
INSTRUCTION OR EDUCATION
TWO PARTIES IN ALL CRIMES:
- as an alternative circumstance, does
1. Active subject (the criminal)
not refer only to literary but more to the level of

Art. 16 enumerates the active subjects
intelligence of the accused.
of the crime.
- refers to the lack of sufficient
2. Passive subject (the injured party)
intelligence and knowledge of the full

Is the holder of the injured right: the
significance of one’s acts.
man, the juristic person, the group,
- Low degree of instruction and
and the State.
education or lack of it is generally mitigating.
High degree of instruction and education is
Only natural persons can be the active
aggravating, when the offender took subject of crime because of the highly
advantage of his learning in committing the personal nature of the criminal
crime. responsibility.

GENERAL RULE: Lack of sufficient education
However, corporation and partnership can
is mitigating. be a passive subject of a crime.

EXCEPTIONS:
Corpses and animals cannot be passive

1. Crimes against property (e.g. arson,
estafa, theft, robbery)
2. Crimes against chastity, and
3. Treason – because love of country
should be a natural feeling of every
citizen, however unlettered or uncultured
he may be.
subjects because they have no rights that
may be injured.
EXCEPTION: Under Art. 253, the crime of
defamation may be committed if the
imputation tends to blacken the memory of
one who is dead.

This article applies only when the
offenders are to be judged by their
individual, and not collective, liability.
 ART. 17 PRINCIPALS
THE FOLLOWING ARE PRINCIPALS:
1. Those who take a direct part in the
execution of the act (PRINCIPAL BY
DIRECT PARTICIPATION)
2. Those who directly force or induce others
to commit it (PRINCIPAL BY INDUCTION)
3. Those who cooperate in the commission
of the offense by another act without which
it would not have been accomplished
(PRINCIPAL BY INDISPENSABLE
COOPERATION).
Par. 1 – Principals by direct participation
REQUISITES:
That they participated in the criminal
resolution; and
That they carried out their plan and personally
took part in its execution by acts which
directly tended to the same end.
When the second requisite is lacking,
there is only conspiracy.
MEANING OF “personally took part in its
execution”
That the principal by direct participation must
be at the scene of the commission of the
crime, personally taking part in its execution.
Par. 2 – Principals by induction
REQUISITES:
1. That the inducement be made directly with
the intention of procuring the commission
of the crime; and
2. That such inducement be the determining
cause of the commission of the crime by
the material executor.

One cannot be held guilty of having
instigated the commission of the crime
without first being shown that the crime
was actually committed (or attempted) by
another.
Thus, there can be no principal by
inducement (or by indispensable
cooperation) unless there is a principal by
direct participation. But there can be a
principal by direct participation without a
principal by inducement (or by
indispensable cooperation).
TWO WAYS OF BECOMING PRINCIPAL BY
INDUCTION:
1. By directly forcing another to commit a
crime by –
a) Using irresistible force.
b) Causing uncontrollable fear.

In these cases, there is no
conspiracy, not even a unity of
criminal purpose and intention.
Only the one using the force or
causing the fear is criminally
liable. The material executor is not
criminally liable because of Art.
12, pars. 5 and 6 (exempting
circumstances)
2. By directly inducing another to commit a
crime by –
a) Giving of price, or offering of reward or
promise.

The one giving the price or
offering the reward or promise is a
principal by inducement while the
one committing the crime in
consideration thereof is a principal
by direct participation. There is
collective criminal responsibility.
b) Using words of command

The person who used the words of
command is a principal by
inducement while the person who
committed the crime because of
the words of command is a
principal by direct participation.
There is also collective criminal
responsibility.

The inducement must precede the act
induced and must be so influential in
producing the criminal act that without it,
the act would not have been performed.

If the person who actually committed the
crime had reason of his own to commit the
crime, it cannot be said that the
inducement was influential in producing
the criminal act.
OFFENDER WHO
PRINCIPAL BY
MADE PROPOSAL TO
INDUCEMENT
COMMIT A FELONY
In both
There is an inducement to commit a crime
When liable
Becomes liable The mere proposal to
only when the commit a felony is
crime is committed punishable in treason or
by the principal by rebellion. However, the
direct participation. person to whom the
proposal is made should
not commit the crime,
 otherwise, the proponent
becomes a principal by
inducement.
What kind of crime involved
EFFECTS OF ACQUITTAL OF PRINCIPAL
BY DIRECT PARTICIPATION UPON
LIABILITY OF PRINCIPAL BY
INDUCEMENT:
1. Conspiracy is negatived by the acquittal of
co-defendant.
2. One cannot be held guilty of having
instigated the commission of a crime
without first being shown that the crime
has been actually committed by another.

But if the one charged as principal by
direct participation is acquitted
because he acted without criminal
intent or malice, his acquittal is not a
ground for the acquittal of the principal
by inducement.
REASON FOR THE RULE: In
exempting circumstances, such as
when the act is not voluntary because
of lack of intent on the part of the
accused, there is a crime committed,
only that the accused is not a criminal.
Involves any crime The proposal to be
punishable must involve
only treason, rebellion,
insurrection or coup d’
etat. (TRIC)
the same extent. The penalty to be
imposed must be the same for all.

Principals by direct participation have
collective criminal responsibility. Principals
by induction, except those who directly
forced another to commit a crime, and
principals by direct participation have
collective criminal responsibility. Principals
by indispensable cooperation have
collective criminal responsibilities with the
principals by direct participation.
INDIVIDUAL CRIMINAL RESPONSIBILITY

In the absence of any previous conspiracy,
unity of criminal purpose and intention
immediately before the commission of the
crime, or community of criminal design,
the criminal responsibility arising from
different acts directed against one and the
same person is individual and not
collective, and each of the participants is
liable only for the act committed by him.

Par. 3 – Principal by indispensable

cooperation
 ART. 18 ACCOMPLICES

REQUISITES:
1. Participation in the criminal resolution, that
is, there is either anterior conspiracy or
unity of criminal purpose and intention
immediately before the commission of the
crime charged; and
2. Cooperation in the commission of the
offense by performing another act, without
which it would not have been
accomplished.
MEANING OF “cooperation in the
commission of the offense”
Means to desire or wish in common a thing.
But that common will or purpose does not
necessarily mean previous understanding, for
it can be explained or inferred from the
circumstances of each case.

If the cooperation is not indispensable, the
offender is only an accomplice.
COLLECTIVE CRIMINAL RESPONSIBILITY

This is present when the offenders are
criminally liable in the same manner and to
ACCOMPLICES - are persons who, not acting
as principals, cooperate in the execution of the
offense by previous and simultaneous acts,
which are not indispensable to the commission
of the crime.
They act as mere instruments who
perform acts not essential to the perpetration
of the offense.
REQUISITES:
1. That there be community of design; that is,
knowing the criminal design of the
principal by direct participation, he concurs
with the latter his purpose;
2. That he cooperates in the execution of the
offense by previous or simultaneous acts,
with the intention of supplying material or
moral aid in the execution of the crime in
an efficacious way; and
3. That there be a relation between the acts
done by the principal and those attributed
to the person charged as an accomplice.

Before there could be an accomplice,
there must be a principal by direct
participation.
 REQUISITES:

The person charged as an accomplice a) The accessory is a public officer.
should not have inflicted a mortal wound. If b) He harbors, conceals, or assists in the
he inflicted a mortal wound, he becomes a escape of the principal.
principal by direct participation. c) The public officer acts with abuse of
his public functions.
d) The crime committed by the principal

In case of doubt, the participation of the is any crime, provided it is not a light
offender will be considered that of an felony.
accomplice rather than that of a principal.
2. Private persons who harbor, conceal or
ACCOMPLICE CONSPIRATOR assist in the escape of the author of the
crime who is guilty of treason, parricide,
In both they know and agree with the criminal murder, or attempts against the life of the
design.
President, or who is known to be habitually
They come to know They come to know guilty of some other crime.
about it after the the criminal intention
principals have because they REQUISITES:
reached the decision, themselves have a) The accessory is a private person.
and only then do they decided upon such b) He harbors, conceals or assists in the
agree to cooperate in course of action.
escape of the author of the crime.
its execution.
c) The crime committed by the principal
They are merely They are the authors is either:
instruments who of a crime i. Treason;
perform acts not ii. Parricide;
essential to the iii. Murder;
perpetration of the iv. An attempt against the life of the
offense President; or
v. That the principal is known to be
habitually guilty of some other
 ART. 19 ACCESSORIES crime.
ACCESSORIES - are those who:
Where the alleged principal is acquitted, it
1. Having knowledge of the commission of is neither proper nor possible to convict
the crime; and the defendant as an accessory. The
2. without having participated therein either responsibility of the accessory is
as principals or accomplices, take part subordinate to that of the principal in a
subsequent to its commission in any of the crime
following acts: HOWEVER, conviction of an
a) By profiting themselves or assisting accessory is possible notwithstanding the
the offender to profit by the effects of acquittal of the principal, if the crime was
the crime. in fact committed, but the principal was not
b) Assisting the offender to profit by the held liable, because of an exempting
effects of the crime. circumstance (Art. 12), such as insanity or
c) By concealing or destroying the body minority.
of the crime to prevent its discovery.

Neither the letter nor the spirit of the law

In profiting by the effects of the crime, the requires that the principal be convicted
accessory must receive the property from before one may be punished as an
the principal. He should not take it without accessory. As long as the corpus delicti is
the consent of the principal. If he took it proved and the accessory’s participation
without the consent of the principal, he is as such is shown, he can be held
not an accessory but a principal in the criminally responsible and meted out the
crime of theft. corresponding penalty (Inovero vs.
Coronel, CA, 65 O.G. 3160).
TWO CLASSES OF ACCESSORIES
The prescribed acts of the accessory
CONTEMPLATED IN PAR. 3 OF ART. 19: under par. 2 must have been intended to
1. Public officers who harbor, conceal or prevent the discovery of the crime, hence,
assist in the escape of the principal of any mere silence does not make one an
crime (not light felony) with abuse of his accessory. If, however, the crime involved
public functions. is a conspiracy to commit treason, his
silence may hold him liable for misprision
 of treason (Art. 116) but as a principal
thereof.

Where the accused misleads the

authorities by giving them false
information, such act is equivalent to
concealment and he should be held as an
accessory.
 Anti-Fencing Law of 1979
Pres. Decree 1612
FENCING – is an act, with intent to gain, of
buying, selling, receiving, possessing,
keeping, or in any other manner dealing in
anything of value which a person knows or
should have known to be derived from the
proceeds of the crime of robbery or theft.
FENCE – is a person who commits the act of
fencing. A fence who receives stolen property
as above-provided is not an accessory but a
principal in the crime defined in and punished
by the Anti-Fencing Law.
 Mere possession of anything of value
which has been the subject of robbery or
theft shall be prima facie evidence of
fencing.
 ART. 20 – ACCESSORIES WHO ARE
EXEMPT FROM CRIMINAL LIABLITY

The exemption provided for in this article
is based on the ties of blood and the
preservation of the cleanliness of one’s
name, which compels one to conceal
crimes committed by relatives so near as
those mentioned in this article.
AN ACCESSORY IS EXEMPT FROM
CRIMINAL LIABLITY WHEN THE PRINCIPAL
IS HIS –
1. spouse, or
2. ascendant, or
3. descendant, or
4. legitimate, natural or adopted brother,
sister or relative by affinity within the same
degree.
ACCESSORY IS NOT EXEMPT FROM
CRIMINAL LIABILITY EVEN IF THE
PRINCIPAL IS RELATED TO HIM, IF SUCH
ACCESSORY:
1. profited by the effects of the crime, or
2. assisted the offender to profit by the
effects of the crime.
REASON: Because such acts are prompted
not by affection but by a detestable greed.

Public officer contemplated in par. 3 of Art.
19 is exempt by reason of relationship to
the principal, even if such public officer
acted with abuse of his official functions.
REASON: Ties of blood or relationship
constitutes a more powerful incentive than
the call of duty.

P.D. 1829 penalizes the act of any person
who knowingly or willfully obstructs,
impedes, frustrates or delays the
apprehension of suspects and the
investigation and prosecution of criminal
cases.

The benefits of the exception in Art. 20 do
not apply to PD 1829.
TITLE THREE: PENALTIES
Chapter One: Penalties in General (Arts.
21-24)
PENALTY – is the suffering that is inflicted by
the State for the transgression of the law.
DIFFERENT JURIDICAL CONDITIONS OF
PENALTY:
1. Must be productive of suffering, without
however affecting the integrity of the
human personality.
2. Must be commensurate with the offense –
different crimes must be punished with
different penalties.
3. Must be personal – no one should be
punished for the crime of another.
4. Must be legal – it is the consequence of a
judgment according to law.
5. Must be certain – no one may escape its
effects.
6. Must be equal for all.
7. Must be correctional.
PURPOSE OF THE STATE IN PUNISHING
CRIMES: The State has an existence of its
own to maintain, a conscience to assert, and
moral principles to be vindicated. Penal justice
must therefore be exercised by the State in the
service and satisfaction of a duty, and rests
primarily on the moral rightfulness of the
punishment inflicted.

The basis of the right to punish violations
of penal law is the police power of the
State.
THEORIES JUSTIFYING PENALTY:
1. Prevention – to prevent or suppress the
danger to the State arising from the
criminal act of the offender.
2. Self-defense – so as to protect society
from the threat and wrong inflicted by the
criminal.
3. Reformation – the object of punishment in
criminal cases is to correct and reform the
offender.
4. Exemplarity – the criminal is punished to
serve as an example to deter others from
committing crimes.
5. Justice – that crime must be punished by
the State as an act of retributive justice, a
vindication of absolute right and moral law
violated by the criminal.
THREE-FOLD PURPOSE OF PENALTY
UNDER THE CODE:
1. Retribution or expiation – the penalty is
commensurate with the gravity of the
offense.
2. Correction or reformation – shown by the
rules which regulate the execution of the
penalties consisting in deprivation of
liberty.
3. Social defense – shown by its inflexible
severity to recidivists and habitual
delinquents.
CONSTITUTIONAL RESTRICTION ON
PENALTIES
The Constitution directs that “excessive fines
shall not be imposed, nor cruel and unusual
punishment inflicted. (Sec. 19 {1}, Art. 3)”
 ART. 21 – PENALTIES THAT
MAY BE IMPOSED

A felony shall be punishable only by the
penalty prescribed by law at the time of its
commission.

It is a guaranty to the citizen of this country
that no act of his, will be considered
criminal until the Government has made it
so by law and has provided a penalty.
REASON: Because a law cannot be
rationally obeyed unless it is first shown,
and a man cannot be expected to obey an
order that has not been given.
 ART. 22 – RETROACTIVE EFFECT
OF PENAL LAWS
GENERAL RULE: Penal laws are applied
prospectively.
EXCEPTION: When retrospective application
will be favorable to the person guilty of a
felony, Provided that:
1. The offender is NOT a habitual criminal
(delinquent) under Art. 62(5);
2. The new or amendatory law does NOT
provide against its retrospective
application.
Habitual delinquent – a person who, within a
period of ten years from the date of his release
or last conviction of the crimes of serious or
less serious physical injuries, robbery, theft,
estafa, or falsification, is found guilty of any
said crimes a third time or oftener.
EX POST FACTO LAW
An act which when committed was not a
crime, cannot be made so by statute without
violating the constitutional inhibition as to ex
post facto laws. An ex post facto law is one
which:
1. Makes criminal an act done before the
passage of the law and which was
innocent when done;
2. Aggravates a crime, or makes it greater
than it was, when committed;
3. Changes the punishment and inflicts a
greater punishment than the law annexed
to the crime when committed;
4. Alters the legal rules of evidence, and
authorizes conviction upon a less or
different testimony than the law required at
the time of the commission of the offense;
5. Assumes to regulate civil rights and
remedies only, in effect imposing a penalty
or deprivation of a right for something
which when done was lawful; and
6. Deprives a person accused of a crime of
some lawful protection to which he has
become entitled, such as the protection of
a former conviction or acquittal, or a
proclamation of amnesty.

If retroactive effect of a new law is
justified, it shall apply to the defendant
even if he is:
1. presently on trial for the offense;
2. has already been sentenced but
service of which has not begun; or
3. already serving sentence

The retroactive effect of criminal statutes
does not apply to the culprit’s civil liability.
REASON: The rights of offended persons
or innocent third parties are not within the
gift of arbitrary disposal of the State.

The provisions of Art. 22 are applicable
even to special laws which provide more
favorable conditions to the accused.
Criminal liability under the repealed law
subsists:
1. When the provisions of the former law are
reenacted; or

The right to punish offenses
committed under an old penal law is
not extinguished if the offenses are
still punishable in the repealing penal
law.

When the repeal is by implication; or offender, subsequent forgiveness by the wife

When a penal law, which impliedly as offended party shall also produce the same
repealed an old law, is itself repealed, effect.
the repeal of the repealing law revives
the prior penal law, unless the
Pardon by the offended party under Art.
language of the repealing statute 344 is ONLY A BAR to criminal
provides otherwise. prosecution; it is NOT a ground for

If the repeal is absolute, criminal extinguishment of criminal liability.
liability is obliterated.
2. When there is a saving clause.
Nevertheless, civil liability may be

When the repeal is absolute, the extinguished by the EXRESS WAIVER of
offense ceases to be criminal. (People the offended party.
v. Tamayo)
AN OFFENSE CAUSES TWO CLASSES OF

No retroactive effect of penal laws as INJURIES:
regards jurisdiction of court. The
jurisdiction of the court to try a criminal PERSONAL
SOCIAL INJURY
action is to be determined by the law INJURY
in force at the time of instituting the Produced by the Caused to the victim of
action, not at the time of the disturbance and alarm the crime who suffered
commission of the crime. which are the outcome damage either to his
of the offense. person, to his property,
to his honor or to her
 ART. 23- EFFECT OF PARDON BY chastity.
THE OFFENDED PARTY Is sought to be Is repaired through
repaired through the indemnity.
GENERAL RULE: Pardon by the offended imposition of the
party does not extinguish the criminal liability corresponding penalty.
of the offender. REASON: A crime committed The offended party The offended party
is an offense against the State. Only the Chief cannot pardon the may waive the
Executive can pardon the offenders. offender so as to indemnity and the
EXCEPTION: Pardon by the offended party relieve him of the State has no reason to
will bar criminal prosecution in the following penalty. insist in its payment.
crimes:

Adultery and Concubinage (Art. 344, RPC)  ART. 24 – MEASURES OF PREVENTION

- EXPRESS or IMPLIED pardon must
be given by offended party to BOTH offenders.
- Pardon must be given PRIOR to
institution of criminal action.
Seduction, Abduction, Acts of
Lasciviousness (Art. 344, RPC)
- EXPRESS pardon given by offended
party or her parents or grandparents or
guardian
- Pardon must be given PRIOR to the
institution of the criminal action. However,
marriage between the offender and the
offended party EVEN AFTER the institution of
the criminal action or conviction of the offender
will extinguish the criminal action or remit the
penalty already imposed against the offender,
his co-principals, accomplices and accessories
after the fact.
Rape (as amended by R.A. 8353)
- The subsequent valid marriage
between the offender and the offended party
shall extinguish criminal liability or the penalty
imposed. In case the legal husband is the
OR SAFETY WHICH ARE NOT
CONSIDERED PENALTIES
THE FOLLOWING ARE NOT CONSIDERED
AS PENALTIES:
1. The arrest and temporary detention of
accused persons, as well as their
detention by reason of insanity or
imbecility, or illness requiring their
confinement in a hospital.
2. The commitment of a minor to any of the
institutions mentioned in Art. 80 (now Art.
192, PD No. 603) and for the purposes
specified therein.
3. Suspension from the employment or public
office during the trial or in order to institute
proceedings.
4. Fines and other corrective measures
which, in the exercise of their
administrative or disciplinary powers,
superior officials may impose upon their
subordinates.
5. Deprivation of rights and the reparations
which the civil law may establish in penal
form.
Reasons why they are not penalties:
1. Because they are not imposed as a result
of judicial proceedings. Those mentioned
in paragraphs 1, 3 and 4 are merely
preventive measures before conviction of
offenders.
2. The offender is not subjected to or made
to suffer these measures in expiation of or
as punishment for a crime.

Par. 1 does not refer to the confinement of
an insane or imbecile who has not been
arrested for a crime. It refers to “accused
persons” who are detained “by reason of
insanity or imbecility.”

Paragraphs 3 and 4 refer to administrative
suspension and administrative fines and
not to suspension or fine as penalties for
violations of the RPC.

The deprivations of rights established in
penal form by the civil laws is illustrated in
the case of parents who are deprived of
their parental authority if found guilty of the
crime of corruption of their minor children,
in accordance with Art. 332 of the Civil
Code.

Where a minor offender was committed to
a reformatory pursuant to Art. 80 (now, PD
603), and while thus detained he commits
a crime therein, he cannot be considered a
quasi-recidivist since his detention was
only a preventive measure, whereas a
quasi-recidivism presupposes the
commission of a crime during the service
of the penalty for a previous crime.
Chapter Two: Classification of Penalties
(Arts. 25-26)
 ART. 25 – PENALTIES WHICH MAY
BE IMPOSED

The scale in Art. 25 is only a general
classification of penalties based on their
severity, nature and subject matter.

The scale of penalties in Art. 70 is
provided for successive service of
sentences imposed on the same accused,
in consideration of their severity and
natures.

The scales in Art. 71 are for the purpose of
graduating the penalties by degrees in
accordance with the rules in Art. 61.
CLASSIFICATION OF PENALTIES UNDER
ARTICLE 25:
1. Based on their severity or gravity
a) Capital,
b) Afflictive,
c) Correctional,
d) Light

This classification corresponds to the
classification of felonies in Art. 9, into
grave, less grave and light.
2. Based on their nature
a) Principal penalties – those expressly
imposed by the court in the judgment
of conviction. May be further classified
based on divisibility
i. Divisible – are those that have
fixed duration and are divisible
into three periods.
ii. Indivisible – are those which have
no fixed duration. These are:
1) Death
2) Reclusión perpetua
3) Perpetual absolute or special
disqualification
4) Public censure
b) Accessory penalties – are those that
are deemed included in the principal
penalties.
3. Based on subject matter
a) Corporal (death).
b) Deprivation of freedom (reclusion,
prision, arresto).
c) Restriction of freedom (destierro).
d) Deprivation of rights (disqualification
and suspension).
e) Pecuniary (fine).

Perpetual or temporary absolute
disqualification, perpetual or temporary
special disqualification, and suspension
may be principal or accessory penalties.
EXAMPLES:
1. Perpetual absolute disqualification is a
principal penalty in prevaricacion (Art.
204) and perpetual special
disqualification, in malversation (Art.
217).
2. Temporary absolute disqualification is a
principal penalty when the accessory
acts with abuse of public functions (Art,
19[3] and Art. 58) and temporary special
disqualification, in direct bribery (Art.
206).
3. Suspension is a principal penalty in
rendition of unjust interlocutory orders
(Art. 206).

Bond to keep the peace is imposed only in
the crime of threats (Art. 284), either grave
(Art. 282) or light (Art. 283).
 ART. 26 FINE – WHEN AFFLICTIVE,
CORRECTIONAL OR LIGHT
FINE IS:
1. Afflictive – over P6,000.00
2. Correctional – P200.00 to P6,000.00
3. Light penalty – less than P200.00

Same basis may be applied to Bond to
keep the peace by analogy.

This article determines the classification of
a fine whether imposed as a single or as
an alternative penalty for a crime.

The rule herein does not apply where the
fine involved is in a compound penalty,
that is, it is imposed in conjunction with
another penalty.

Where the fine in question is exactly P200,
under Art. 9 it is a light felony, hence the
felony involved is a light felony; whereas
under Art. 26, it is a correctional penalty,
hence the offense involved is a less grave
felony. It has been held that this
discrepancy should be resolved liberally in
favor of the accused, hence Art. 9 prevails
over Art. 26 (People vs. Yu Hai, 99 Phil.
725).
HOWEVER, according to Justice
Regalado there is no such discrepancy.
What is really in issue is the prescription of
the offense vis-a-vis the prescription of the
penalty, the former being the forfeiture of
the right of the State to prosecute the
offender and the latter being the loss of its
power to enforce the judgment against the
convict.
Chapter Three: Duration and Effects of
Penalties (Arts. 27-45)
Section One – Duration of Penalties
 ART. 27 – DURATION OF EACH
DIFFERENT PENALTIES
1. Reclusión perpetua – 20 yrs. and 1 day
to 40 yrs.
2. Reclusión temporal – 12 yrs. and 1 day
to 20 yrs.
3. Prisión mayor and temporary
disqualification – 6 yrs. and 1 day to 12
yrs., except when disqualification is an
accessory penalty, in which case its
duration is that of the principal penalty.
4. Prisión correccional, suspensión, and
destierro – 6 mos. and 1 day to 6 yrs.,
except when suspensión is an accessory
penalty, in which case its duration is that
of the principal penalty.
5. Arresto mayor – 1 mo. And 1 day to 6
mos.
6. Arresto menor – 1 day to 30 days
7. Bond to keep the peace – the period
during which the bond shall be effective is
discretionary on the court.

Destierro is a principal, correctional and
divisible penalty.
In what cases is destierro imposed?
1. Serious physical injuries or death under
exceptional circumstances. (Art. 247)
2. In case of failure to give bond for good
behavior. (Art. 284)
3. As a penalty for the concubine in
concubinage. (Art. 334)
4. In cases where after reducing the penalty
by one or more degrees, destierro is the
proper penalty.
 ART. 28 – COMPUTATION OF
PENALTIES
1. When the offender is in prison – the
duration of temporary penalties is from the
day on which the judgment of conviction
becomes final.
2. When the offender is not in prison – the
duration of penalties consisting in
deprivation of liberty, is from the day that
the offender is placed at the disposal of
judicial authorities for the enforcement of
the penalty.
3. The duration of other penalties – the
duration is from the day on which the
offender commences to serve his
sentence.
 ART. 29 – PERIOD OF PREVENTIVE
IMPRISONMENT DEDUCTED FROM TERM
OF IMPRISONMENT
Preventive imprisonment – is the period of
detention undergone by an accused where the
crime with which he is charged is non-bailable
or, even if bailable, he is unable to post the
requisite bail.

These rules on preventive imprisonment
apply to all sentences regardless of the
duration thereof, including the so-called
perpetual penalties as long as they involve
deprivation of liberty. It applies to
destierro.
When is the detention prisoner entitled to
the full credit of his preventive
imprisonment?
If the detention prisoner agrees voluntarily in
writing to abide by the same disciplinary rules
imposed upon convicted prisoners.
When will he be credited only with four-
fifths the time during which he has
undergone preventive imprisonment?
If the detention prisoner does not agree to
abide by the same disciplinary rules imposed
upon convicted prisoners.

In the case of a youthful offender who has
been proceeded against under the Child
and Youth Welfare Code, he shall be
credited in the service of his sentence with
the full time of his actual detention,
whether or not he agreed to abide by the
same disciplinary rules of the institution.
The following offenders are not entitled to
be credited with the full time or four-fifths
of the time of preventive imprisonment:
1. Recidivists or those convicted previously
twice or more times of any crime.
2. Those who, upon being summoned for the
execution of their sentence, failed to
surrender voluntarily.

Habitual delinquents are included in No. 1.

No. 2 refers to convicts who failed to
voluntarily surrender to serve their
penalties under a final judgment, since this
is indicative of a greater defiance of
authority. It does not refer to failure or
refusal to voluntarily surrender after the
commission of the crime.
Section Two – Effects of the penalties
according to their respective nature.

A plebiscite is not mentioned or
contemplated in Art.30, par. 2 (deprivation
of the right to vote), hence, the offender
may vote in that exercise, subject to the
provisions of pertinent election laws at the
time.

Perpetual absolute disqualification is
effective during the lifetime of the convict
and even after the service of the sentence.

Temporary absolute disqualification lasts
during the term of the sentence, and is
removed after the service of the same.
EXCEPT:
a) Deprivation of the public office or
employment, and
b) Loss of all rights to retirement pay or
other pension for any office formerly
held.

Bond to keep the peace is different from
bail bond which is posted for the
provisional release of a person arrested
for or accused of a crime.
CIVIL INTERDICTION IN ART. 34 IS
IMPOSED WHEN THE PENALTY IS:
1. Death which is not carried out,
2. Reclusión perpetua,or
3. Reclusión temporal
 ART. 36 – PARDON; ITS EFFECTS
EFFECTS OF PARDON BY THE
PRESIDENT:
1. A pardon shall not restore the right to hold
public office or the right of suffrage.
EXCEPTION: When any or both such
rights is/are expressly restored by the
terms of the pardon.
2. It shall not exempt the culprit from the
payment of the civil liability.
LIMITATIONS UPON THE EXERCISE OF
THE PARDONING POWER:
1. That the power can be exercised only after
conviction “by final judgment”;
2. That such power does not extend to cases
of impeachment.
GENERAL RULE: When the principal penalty
is remitted by pardon, only the effect of that
principal penalty is extinguished, but not the
accessory penalties attached to it.
EXCEPTION: When an absolute pardon is
granted after the term of imprisonment has
expired, it removes what is left of the
consequences of conviction.
 Can extend to any Applies only to crimes
PARDON BY THE PARDON BY
crime, unless against chastity under
CHIEF EXECUTIVE OFFENDED PARTY otherwise provided by the RPC.
(ART. 36) (ART. 23) or subject to conditions
in the Constitution or
As to the crime covered the laws.

the costs are de oficio, meaning each

As to extinguishment of criminal liability party bearing his own expenses.
Extinguishes criminal Does not extinguish
liability. criminal liability
although it may
No costs shall be allowed against the
constitute a bar to the Republic of the Philippines, unless
prosecution of the otherwise provided by law.
offender in seduction,
The payment of costs is a matter that rests
abduction and acts of entirely upon the discretion of courts.
lasciviousness by the
valid marriage of the
victim and the
offender, and in  ART. 38 - PECUNIARY LIABILITIES
adultery and
concubinage, by the What are the pecuniary liabilities of
express or implied persons criminally liable?
pardon by the offended They are, in the following order:
spouse 1. The reparation of the damage caused
As to the effect on civil liability 2. Indemnification of the consequential
Cannot affect the civil The offended party can damages
liability ex delicto of the waive the civil liability. 3. Fine
offender. 4. Costs of proceedings.
When granted
Can be extended only Can be validly granted When is Art.38 applicable?
after conviction by final only before the In case the property of the offender should not
judgment of the institution of the be sufficient for the payment of all his
accused. criminal action. pecuniary liabilities.
To whom granted
To any or all of the In seduction, abduction
accused and acts of  ART. 39 – SUBSIDIARY PENALTY
lasciviousness, it
benefits the co-
Subsidiary penalty – it is a subsidiary
principals, accomplices
and accessories; personal liability to be suffered by the convict
In adultery and who has no property with which to meet the
concubinage, must fine, at the rate of one day for each eight
include both offenders. pesos (P8.00), subject to the rules provided for
in Art. 39.
As to whether it can be conditional
May be absolute or Cannot validly be
conditional made subject to a
Subsidiary penalty shall be proper only if
condition. the accused has no property with which to
pay the fine, and not as a matter of choice
on his part by opting to go to jail instead of
 ART. 37 – COSTS paying.

Costs or costs of suit – are the expenses of
litigation allowed and regulated by the Rules of
Court to be assessed against or to be
recovered by a party in litigation.
THE FOLLOWING ARE INCLUDED IN
COSTS:
1. Fees, and
2. Indemnities, in the course of judicial
proceedings.

Are chargeable to the accused only in
cases of conviction. In case of acquittal,

Subsidiary penalty is not an accessory
penalty, hence it must be specifically
imposed by the court in its judgment,
otherwise the accused cannot be made to
serve the corresponding subsidiary
imprisonment.
RULES AS TO SUBSIDIARY PENALTY:
1. If the penalty imposed is prisión
correccional or arresto and fine –
subsidiary imprisonment is not to exceed
 1/3 of the term of the sentence, and in no 1. Death, when not executed by reason of
case to continue for more than one year. commutation or pardon
Fraction or part of a day, not counted. a) Perpetual absolute disqualification,
2. When the penalty imposed is fine only – and
subsidiary imprisonment b) Civil interdiction during 30 years, if not
a) not to exceed 6 months – if the culprit expressly remitted in the pardon.
is prosecuted for grave or less grave
felony, and 2. Reclusión perpetua and reclusión
b) not to exceed 15 days – if prosecuted temporal
for light felony. a) Civil interdiction for life or during the
3. When the penalty imposed is higher than sentence, and
prisión correccional – no subsidiary b) Perpetual absolute disqualification,
imprisonment. unless expressly remitted in the
4. If the penalty imposed is not to be pardon of the principal penalty.
executed by confinement, but of fixed
duration – subsidiary penalty shall consist 3. Prisión mayor
in the same deprivations as those of the a) Temporary absolute disqualification,
principal penalty, under the same rules as and
nos. 1, 2 and 3 above. b) Perpetual special disqualification from
5. In case the financial circumstances of the suffrage, unless expressly remitted in
convict should improve, he shall pay the the pardon of the principal penalty.
fine, notwithstanding the fact that the
convict suffered subsidiary personal 4. Prisión correccional
liability therefor. a) Suspension from public office,
profession or calling, and

When the penalty prescribed for the b) Perpetual special disqualification from
offense is imprisonment, it is the penalty suffrage, if the duration of
actually imposed by the Court, not the imprisonment exceeds 18 months,
penalty provided for by the Code, which unless expressly remitted in the
should be considered in determining pardon of the principal penalty.
whether or not subsidiary penalty should
There is perpetual special
be imposed. disqualification from suffrage, only
when the duration of the
NO SUBSIDIARY PENALTY SHALL BE imprisonment exceeds 18 months.
IMPOSED WHERE:
1. The penalty imposed is higher than prisión 5. Arresto – suspension of the right to hold
correccional or 6 years, office and the right of suffrage during the

Additional penalty for habitual term of the sentence.
delinquency should be included in
determining whether or not subsidiary
The Code does not provide for any
penalty should be imposed. accessory penalty for destierro.
2. For non-payment of reparation or
indemnification RECLUSION LIFE
3. For non-payment of costs, PERPETUA IMPRISONMENT
4. Where the penalty imposed is a fine and Has a specific duration Has no definite term or
another penalty without fixed duration, like of 20 years and 1 day accessory penalties.
censure; and to 40 years and
5. The subsidiary penalty, though properly accessory penalties.
imposable is not expressly stated in the Imposable on felonies Imposable on crimes
judgment. punished by the RPC. punishable by special
laws.

The rules on subsidiary penalty in Art. 39
are applicable to crimes punishable by
special laws by force of Art. 10 of the  ART. 45 – CONFISCATION AND
Code. FORFEITURE OF THE PROCEEDS
OF THE CRIME
Section Three – Penalties in which other
accessory penalties are inherent OUTLINE OF THE PROVISION OF THIS
ARTICLE:
OUTLINE OF ACCESSORY PENALTIES 1. Every penalty imposed carries with it the
INHERENT IN PRINCIPAL PENALTIES forfeiture of the proceeds of the crime and
 the instruments or tools used in the
commission of the crime.
2. The proceeds and instruments or tools of
the crime are confiscated and forfeited in
favor of the Government.
3. Property of a third person not liable for the
offense, is not subject to confiscation and
forfeiture.
4. Property not subject of lawful commerce
(whether it belongs to the accused or to
third person) shall be destroyed.

The confiscation and forfeiture of the
proceeds and instruments of a crime is an
accessory penalty.
The provisions of Art. 45 cannot apply
when:
1. The instruments belong to innocent third
parties;
2. Such properties have not been placed
under the jurisdiction of the court; and
3. When it is legally or physically impossible.

This accessory penalty presupposes a
judgment of conviction. However, even if
the accused is acquitted on reasonable
doubt, but the instruments or proceeds are
contraband, the judgment of acquittal shall
order their forfeiture for appropriate
disposition.
Chapter Four: Application of Penalties
(Arts. 46-72)
Section One – Rules for application of
penalties to the persons criminally liable
and for the graduation of the same.
 ART. 46 - PENALTY TO BE IMPOSED
UPON PRINCIPALS IN GENERAL
GENERAL RULE: The penalty prescribed by
law in general terms shall be imposed upon
the principals for a consummated felony.
EXCEPTION: When the penalty to be imposed
upon the principal in frustrated or attempted
felony is fixed by law.
GRADUATION OF PENALTIES:
1. BY DEGREES – refers to
a) the stages of execution
(consummated, frustrated, or
attempted); and
b) the degree of the criminal participation
of the offender (whether as principal,
accomplice or accessory).
2. BY PERIODS – refers to the proper period
of the penalty which should be imposed
when aggravating or mitigating
circumstances attend the commission of
the crime.
 ART. 47 - CASES WHEREIN THE DEATH
PENALTY SHALL NOT BE IMPOSED
1. UNDER AGE. When the offender is below
18 years of age at the time of the
commission of the crime.
2. OVER AGE. When the guilty person is
more than seventy (70) years of age.
3. NO COURT MAJORITY. When upon
appeal or automatic review of the case by
the Supreme Court, the vote of eight
members is not obtained for the imposition
of the death penalty.

Automatic review is available only in cases
where death penalty is imposed (R.A.
7659).

Social defense and exemplarity justify the
penalty of death.
CRIMES PUNISHABLE BY DEATH UNDER
THE DEATH PENALTY LAW (RA 7659)
1. Treason
2. Qualified Piracy
3. Qualified Bribery
4. Parricide
5. Murder
6. Infanticide
7. Kidnapping and Serious Illegal Detention
8. Robbery – with Homicide, Rape,
Intentional Mutilation, or Arson
9. Rape – with the use of a deadly weapon,
or by two or more persons
- where the victim became insane
- with Homicide
10. Qualified Rape
11. Destructive Arson
12. Plunder
13. Violation of certain provisions of the
Dangerous Drugs Act
14. Carnapping
BASIS OF THE DEATH PENALTY LAW
(R.A. 7659)
It is based on the Classical Theory, under
which the basis of criminal responsibility is the
existence of the offender’s free will and the
purpose of the penalty is retribution. The
imposition of penalty under this theory
endeavors to establish a mechanical and
direct proportion between the crime and the
penalty.
  ART. 48 - COMPLEX CRIMES a) Malicious obtention or abusive service
of search warrant (Art. 129) with
CONCEPT: perjury;
1. In complex crime, although 2 or more b) Bribery (Art. 210) with infidelity in the
crimes are actually committed, they custody of prisoners;
constitute only one crime in the eyes of the c) Maltreatment of prisoners (Art. 235)
law as well as in the conscience of the with serious physical injuries;
offender. d) Usurpation of real rights (Art. 312) with
2. The offender has only one criminal intent, serious physical injuries; and
hence there is only one penalty imposed e) Abandonment of persons in danger
for the commission of a complex crime. (Art. 275) and crimes against minors
(Arts. 276-278) with another felony.
TWO KINDS OF COMPLEX CRIMES:
The penalty for complex crime is the
1. COMPOUND CRIME (delito compuesto) – penalty for the most serious crime, the
a single act constitutes 2 or more grave or same to be applied in its maximum period.
less grave felonies.
REQUISITES:
If different crimes resulting from one single
a) That only a single act is performed by act are punished with the same penalty,
the offender; the penalty for any one of them shall be
b) That the single act produces: (1) two imposed, the same to be applied in the
or more grave felonies, or (2) one or maximum period.
more grave and one or more less
grave felonies.
Art. 48 applies to crimes through
negligence. E.g.: offender found guilty of a
2. COMPLEX CRIME PROPER (delito complex crime of homicide with less
complejo) – an offense is a necessary serious physical injuries through reckless
means for committing the other. imprudence.
REQUISITES:
a) That at least two offenses are
committed;
When 2 felonies constituting a complex
b) That one or some of the offenses must crime are punishable by imprisonment and
be necessary to commit the other; fine, respectively, only the penalty of
c) That both or all of the offenses must imprisonment should be imposed.
be punished under the same statute. REASON: fine is not included in the list of
penalties in the order of severity, and it is
NO COMPLEX CRIME IN THE FOLLOWING the last in the graduated scales in Art. 71
CASES: of the RPC.
1. In case of continuing crimes
2. When one offense is committed to conceal
When a complex crime is charged and one
the other. offense is not proven, the accused can be
3. When the other crime is an indispensable convicted of the other.
part or an element of the other offenses.
4. Where one of the offenses is penalized by SPECIAL
a special law. ORDINARY COMPLEX CRIME
COMPLEX CRIME OR COMPOSITE
RULES IN ART. 48 ARE NOT APPLICABLE: CRIME
1. When the crimes subject of the case have As to their Concept
common elements; It is made up of two or It is made up of two or
2. When the crimes involved are subject to more crimes being more crimes which are
the rule of absorption of one crime by the punished in distinct considered only as
other; provisions of the components of a single
3. Where the two offenses resulting from a Revised Penal Code indivisible offense
single act are specifically punished as a but alleged in one being punished in one
single crime, such as less serious physical information either provision of the
because they were Revised Penal Code.
injuries with serious slander of deed, since
brought about by a
this is punished under Art. 265 par. 2, as single felonious act or
the single crime of less serious physical because one offense is
injuries with ignominy; a necessary means for
4. In special complex crimes; committing the other
5. When the crimes involved cannot be offense or offenses.
legally complexed, viz: As to Penalty
 Penalty for the most It is the penalty lower penalty shall be imposed in its
serious crime shall be specifically provided maximum period.
imposed and in its for the special complex 2. If the penalty for the felony committed be
maximum period. crime that shall be lower than the penalty for the offense
applied according to
which the accused intended to commit, the
the rules on imposition
of the penalty. lower penalty shall be imposed in its
maximum period.
3. If the act committed also constitutes an
Plurality of Crimes- consists in the attempt or frustration of another crime, and
successive execution, by the same individual, the law prescribes a higher penalty for
of different criminal acts, upon any of which no either of the latter, the penalty for the
conviction has yet been declared. attempted or frustrated crime shall be
imposed in its maximum period.
KINDS:
1. FORMAL OR IDEAL PLURALITY- only
ONE CRIMINAL LIABILITY.
Art. 49 applies only when there is a
mistake in the identity of the victim of the
crime, and the penalty for the crime
THREE GROUPS UNDER THE FORMAL committed is different from that for the
TYPE: crime intended to be committed.
a) When the offender commits any of the
complex crimes in ART 48.
b) When the law specifically fixes a  ART. 59 - PENALTY TO BE IMPOSED IN
single penalty for two or more CASE OF FAILURE TO COMMIT THE
offenses committed. CRIME BECAUSE THE MEANS EMPLOYED
c) When the offender commits continuing OR THE AIMS SOUGHT ARE IMPOSSIBLE
crimes.
The penalty for impossible crime is Arresto
2. REAL OR MATERIAL PLURALITY - Mayor (imprisonment of 1 mo and 1 day to 6
DIFFERENT CRIMES in law, as well as in mos) or fine ranging from 200-500pesos.
the conscience of the offender; the
offender shall be PUNISHED FOR EACH BASIS FOR THE IMPOSITION OF PROPER
and every offense that he committed. PENALTY:
1. Social danger; and
CONTINUING CRIME – is a single crime, 2. Degree of criminality shown by the
consisting of a series of acts, but all arising offender
from ONE CRIMINAL RESOLUTION; length of
time in the commission is immaterial.  ART. 61 - RULES OF
GRADUATING PENALTIES
REAL OR
CONTINUED
MATERIAL According to Arts. 50-57, the penalty
CRIME
PLURALITY prescribed by law for the felony shall be
1. There is a series of 1. There is a series of lowered by one or two degrees, as follows:
acts performed by the acts performed by the 1. For the principal in frustrated felony – one
offender offender
degree lower;
2. Each act performed 2. The different acts
2. For the principal in attempted felony – two
by the offender constitute only one
constitutes a separate crime, all of the acts degrees lower;
crime, each act is performed arise from 3. For the accomplice in consummated
generated by a one criminal resolution felony – one degree lower;
criminal impulse 4. For the accessory in consummated felony
– two degrees lower;
 ART. 49 - PENALTY TO BE IMPOSED
UPON THE PRINCIPALS WHEN THE CRIME DIAGRAM OF THE APPLICATION OF ARTS.
COMMITTED IS DIFFERENT FROM THAT 50- 57:
INTENDED
CONSUM- FRUS- ATTEMPT-
MATED TRATED ED
RULES: Principal
1. If the penalty for the felony committed be 0 1 2
higher than the penalty for the offense Accom-
1 2 3
which the accused intended to commit, the plice
 Access-
2 3 4 committed, and, within 10 years from his
ory last release or last conviction, he was
again convicted of any of said offenses,
In this diagram, “0” represents the penalty the third time or oftener.
prescribed by law in defining a crime, which is
to be imposed on the principal in a Habituality distinguished from recidivism
consummated offense, in accordance with the HABITUAL
RECIDIVISM
provisions of Art. 64. The other figures DELIQUENCY
represent the degrees to which the penalty As to the CRIMES committed
must be lowered, to meet the different The crimes are It is sufficient that the
situations anticipated by law. specified accused on the date of
his trial, shall have
been previously
EXCEPTIONS TO THE RULES convicted by final
ESTABLISHED IN ARTS. 50 TO 57: judgment of another
Arts. 50 to 57 shall not apply to cases where crime embraced in the
the law expressly prescribes the penalty for a same title.
frustrated or attempted felony, or to be
As to the PERIOD of time the crimes are
imposed upon accomplices or accessories. committed
(Art. 60) The offender is found No period of time
guilty within ten years between the former

Mitigating and aggravating circumstances from his last release or conviction and the last
are disregarded in the application of the last conviction. conviction.
rules for graduating penalties.
As to the NUMBER of crimes committed
The accused must be The second offense is
Section Two – Rules for the application of
found guilty the third for an offense found in
penalties with regard to the mitigating and time or oftener of the the same title.
aggravating circumstances, and habitual crimes specified.
delinquency
As to their EFFECTS
An additional penalty is If not offset by a
 ART. 62. EFFECTS OF THE also imposed mitigating
ATTENDANCE OF MITIGATING OR circumstance, serves
AGGRAVATING CIRCUMSTANCES to increase the penalty
AND OF HABITUAL DELIQUENCY only to the maximum

EFFECTS:  ART. 63 RULES FOR THE APPLICATION

1. Aggravating circumstances (generic and
specific) have the effect of increasing the
penalty, without however exceeding the
maximum period provided by law.
2. Mitigating circumstances have the effect of
diminishing the penalty.
3. Habitual delinquency has the effect, not
only of increasing the penalty because of
recidivism which is generally implied in
habitual delinquency, but also of imposing
an additional penalty.
REQUISITES OF HABITUAL DELIQUENCY:
a) that the offender had been convicted of
any of the crimes of serious or less serious
physical injuries, robbery, theft, estafa or
falsification.
b) that after conviction or after serving his
sentence, he again committed, and, within
10 years from his last release of first
conviction, he was again convicted of any
of the said crimes for the second time.
c) that after his conviction of, or after serving
sentence for the second offense, he again
OF INDIVISIBLE PENALTIES
OUTLINE OF THE RULES:
1. When the penalty is single indivisible, it
shall be applied regardless of any
mitigating (except if privilege mitigating) or
aggravating circumstances.
2. When the penalty is composed of two
indivisible penalties, the following rules
shall be observed:
a) When there is only one aggravating
circumstance, the greater penalty shall
be imposed.
b) When there is neither mitigating nor
aggravating circumstances, the lesser
penalty shall be imposed.
c) When there is a mitigating
circumstance and no aggravating
circumstance, the lesser penalty shall
be imposed.
d) When both mitigating and aggravating
circumstances are present, the court
shall allow them to offset one another.

When the penalty is composed of two
indivisible penalties, the penalty cannot be
lowered by one degree, no matter how
many mitigating circumstances are
present.
EXCEPTION: When a privileged mitigating
circumstance under Art. 68 or Art. 69 is
present.
 ART. 64 - RULES FOR THE
APPLICATION OF PENALTIES, WHICH
CONTAIN THREE PERIODS
OUTLINE OF THE RULES:
1. No aggravating and no mitigating –
medium period.
2. Only mitigating – minimum period.
3. Only aggravating – maximum period.
4. Where there are aggravating and
mitigating – the court shall offset those of
one class against the other according to
their relative weight.
5. Two or more mitigating and no
aggravating – penalty next lower, in the
period applicable, according to the number
and nature of such circumstances.
6. No penalty greater than the maximum
period of the penalty prescribed by law
shall be imposed, no matter how many
aggravating circumstances are present.
7. The court can determine the extent of the
penalty within the limits of each period,
according to the number and nature of the
aggravating and mitigating circumstances
and the greater or lesser extent of the evil
produced by the crime.
CASES IN WHICH MITIGATING AND
AGGRAVATING CIRCUMSTANCES ARE
NOT CONSIDERED IN THE IMPOSITION OF
PENALTY:
1. When the penalty is single and indivisible
(except if privileged mitigating)
2. In felonies through negligence
3. When the penalty is only a fine imposed
by an ordinance
4. When the penalties are prescribed by
special laws.
 ART. 66 - IMPOSITION OF FINES
OUTLINE OF THE PROVISION:
1. The court can fix any amount of the fine
within the limits established by law.
2. The court must consider: (1) the mitigating
and aggravating circumstances; and (2)
more particularly, the wealth or means of
the culprit.
3. The court may also consider: (1) the
gravity of the crime committed; (2) the
heinousness of it s perpetration; and (3)
the magnitude of its effects on the
offender’s victims.
 ART. 68 - PENALTY TO BE IMPOSED
UPON A PERSON UNDER EIGHTEEN
YEARS OF AGE
APPLICATION OF ART. 68:

This article is not immediately applicable
to a minor under 18 years of age, because
such minor, if found guilty of the offense
charged, is not sentenced to any penalty.
The sentence is suspended and he is
ordered committed to the reformatory
institution, if the court therefor approves
his application.

This article is applicable when the minor’s
application for suspension of sentence is
DISAPPROVED or if while in the
reformatory institution he becomes
INCORRIGIBLE, in which case he shall be
returned to the court for the imposition of
the proper penalty.
 ART. 70 - SUCCESSIVE SERVICE
OF SENTENCE
THE THREE-FOLD RULE:
1. THE MAXIMUM DURATION OF THE
CONVICT’S SENTENCE shall not be
more than three times the length of time
corresponding to the most severe of the
penalties imposed upon him.
2. But in no case to exceed 40 years.
3. This rule shall apply only when the convict
is to serve 4 or more sentences
successively.
4. Subsidiary penalty forms part of the
penalty.
DIFFERENT SYSTEMS OF PENALTY,
RELATIVE TO THE EXECUTION OF TWO
OR MORE PENALTIES IMPOSED ON ONE
AND THE SAME ACCUSED:
1. Material accumulation system
No limitation whatever, and
accordingly, all the penalties for all the
violations were imposed even if they
reached beyond the natural span of
human life.
2. Juridical accumulation system
Limited to not more than three-fold the
length of time corresponding to the most
severe and in no case to exceed 40 years.
This is followed in our jurisdiction.
3. Absorption system the accused to an indeterminate sentence,
The lesser penalties are absorbed by the which has a maximum and a minimum term
graver penalties. based on the penalty actually imposed.

ARTICLE ARTICLE ARTICLE
ISL application is mandatory, where

25 70 71 imprisonment would exceed one year.
Penalties are Classifies Provides for
classified into the penal- the scales I. IF THE PENALTY IS IMPOSED BY THE
principal and ties, for the which should RPC:
accessory pe- purpose of be observed 1. The Maximum Term – is that which
nalties. The the success- in graduating
could be properly imposed under the
principal pe- sive service the penalties
nalties are of senten- by degrees
RPC, considering the aggravating and
subdivided into ces, accor- in accor- mitigating circumstances.
capital, afflictive, ding to their dance with 2. The Minimum Term – is within the
correctional and severity. Art. 61. range of the penalty one degree lower
light. than that prescribed by the RPC,
without considering the
circumstances.
 ART. 72 - PREFERENCE IN THE
BUT when there is a privileged
PAYMENT OF CIVIL LIABILITIES mitigating circumstance, so that the
penalty has to be lowered by one
Civil liability is satisfied by following the degree, the STARTING POINT for
chronological order of the dates of the final determining the minimum term of the
judgment. indeterminate penalty is the penalty
next lower than that prescribed by the
Code for the offense.
Section Three – Provisions common in the
last two preceding sections (Arts. 73-77) II. IF THE PENALTY IS IMPOSED BY
SPECIAL PENAL LAW
 ART. 77 - WHEN THE PENALTY IS A 1. The Maximum Term – must not
COMPLEX ONE COMPOSED OF THREE exceed the maximum term fixed by
DISTINCT PENALTIES said law.
2. The Minimum Term – must not be less
COMPLEX PENALTY - is a penalty than the minimum term prescribed by
prescribed by law composed of three distinct the same.
penalties, each forming a period: the lightest of
them shall be the minimum, the next the
For SPECIAL LAWS, it is anything
medium, and the most severe the maximum within the inclusive range of the
period. prescribed penalty. Courts are given
discretion in the imposition of the
INDETERMINATE SENTENCE LAW (ISL) indeterminate penalty. The
Act No. 4103 as amended by Act No. 4225 aggravating and mitigating
circumstances are not considered
CONCEPT OF INDETERMINATE unless the special law adopts the
SENTENCE – is a sentence with a minimum same terminology for penalties as
term and a maximum term which, the court is those used in the RPC (such as
mandated to impose for the benefit of a guilty reclusión perpetua and the like).
person who is not disqualified therefore, when
the maximum imprisonment exceeds one (1) B. WHEN BENEFIT OF THE ISL IS NOT
year. It applies to both violations of Revised APPLICABLE:
Penal Code and special laws. The Indeterminate Sentence Law shall not
apply to the following persons:
PURPOSE: “To uplift and redeem valuable 1. sentenced to death penalty or life
human material, and prevent unnecessary and imprisonment
excessive deprivation of personal liberty and 2. treason, or conspiracy or proposal to
economic usefulness.” commit treason
3. misprision of treason, rebellion, sedition or
A. SENTENCE IN THE ISL espionage
In imposing a prison sentence for an offense 4. piracy
punished by the Revised Penal Code or 5. habitual delinquents
special penal laws, the court shall sentence
6. escaped from confinement, or evaded
sentence granted with conditional pardon
by the President, but violated the terms
thereof
7. maximum term of imprisonment does not
exceed 1 year
8. sentenced to the penalty of destierro or
suspension only
C. RELEASE OF THE PRISONER ON
PAROLE
The Board of Pardons and Parole may
authorize the release of a prisoner on parole,
after he shall have served the minimum
penalty imposed on him, provided that:
a) Such prisoner is fitted by his training for
release,
b) There is reasonable probability that he will
live and remain at liberty without violating
the law,
c) Such release will not be incompatible with
the welfare of society.
D. ENTITLEMENT TO FINAL RELEASE
AND DISCHARGE
If during the period of surveillance such
paroled prisoner shall: (a) show himself to be a
law abiding citizen and, (b) shall not violate
any law, the Board may issue a final
certification in his favor, for his final release
and discharge.
E. SANCTION FOR VIOLATION OF
CONDITIONS OF THE PAROLE
When the paroled prisoner shall violate any of
the conditions of his parole: (a) the Board may
issue an order for his arrest, and thereafter, (b)
the prisoner shall serve the remaining
unexpired portion of the maximum sentence
for which he was originally committed to
prison.
F. REASONS FOR FIXING THE MAXIMUM
AND MINIMUM TERMS IN THE
INDETERMINATE SENTENCE
The minimum and maximum terms in the IS
must be fixed, because they are the basis for
the following:
1. Whenever a prisoner has: (a) served the
MINIMUM penalty imposed on him, and
(b) is fit for release of the prisoner on
parole, upon terms and conditions
prescribed by the Board.
2. But when the paroled prisoner violates any
of the conditions of his parole during the
period of surveillance, he may be
rearrested to serve the remaining
unexpired portion of the MAXIMUM
sentence.
3. Even if a prisoner has already served the
MINIMUM, but he is not fitted for release
on the parole, he shall continue to serve
until the end of the MAXIMUM term.
PROBATION LAW OF 1976
(PD 968, AS AMENDED)
A. CONCEPT
PROBATION is a disposition under which
a defendant after conviction and sentence
is released subject to conditions imposed
by the court and to the supervision of a
probation officer.

Probation is not an absolute right. It is
a mere privilege whose grant rests
upon the discretion of the trial court.
Its grant is subject to certain terms
and conditions that may be imposed
by the trial court. Having the power to
grant the probation, it follows that the
trial court also has the power to order
its revocation in a proper case and
under proper circumstances.
B. PURPOSES:
1. To promote the correction and
rehabilitation of an offender by providing
him with individualized treatment;
2. To provide an opportunity for the
reformation of a penitent offender which
might be less probable if he were to serve
a prison sentence; and
3. To prevent the commission of offenses.
C. APPLICATION
This shall apply to all offenders except
those entitled to benefits under PD 603
and similar laws.
D. RULES ON GRANT OF PROBATION:
1. After having convicted and sentenced a
defendant, the trial court MAY SUSPEND
the execution of the sentence, and place
the defendant on probation, upon
APPLICATION by the defendant within the
period for perfecting an appeal.
2. Probation may be granted whether the
sentence imposed a term of imprisonment
or fine only.
3. NO application for probation shall be
entertained or granted if the defendant has
PERFECTED AN APPEAL from the
judgment of conviction.
4. Filing of application for probation operates
as a WAIVER OF THE RIGHT TO
APPEAL.
5. The application shall be filed with the trial
court, and the order granting or denying
probation shall NOT BE APPEALABLE.
6. Accessory penalties are deemed
suspended once probation is granted.
E. POST-SENTENCE INVESTIGATION
The convict is not immediately placed on
probation. There shall be a prior investigation
by the probation officer and a determination by
the court.
F. CRITERIA FOR PLACING AN
OFFENDER ON PROBATION
The court shall consider:
1. All information relative to the character,
antecedents, environment, mental, and
physical condition of the offender.
2. Available institutional and community
resources.
G. PROBATION SHALL BE DENIED IF THE
COURT FINDS THAT:
1. The offender is in need of correctional
treatment that can be provided
effectively by his commitment to an
institution.
2. There is undue risk of committing
another crime.
3. Probation will depreciate the
seriousness of the offense committed.
H. DISQUALIFIED OFFENDERS
THE BENEFITS OF THE DECREE SHALL
NOT BE EXTENDED TO THOSE:
1. Sentenced to serve a maximum term of
imprisonment of more the 6 years.
2. Convicted of subversion or any crime
against the national security or the public
order.
3. Previously convicted by final judgment of
an offense punished by imprisonment of
not less than 1 month and 1 day and/or a
fine not less than P200.
4. Once placed on probation.
I. CONDITIONS OF PROBATION
2 KINDS OF CONDITIONS IMPOSED:
1. Mandatory or general – once violated, the
probation is cancelled. They are:
a) Probationer: Presents himself to the
probation officer designated to
undertake his supervision, at such
place as may be specified in the order,
within 72 hours from receipt of order;
b) He reports to the probation officer at
least once a month.
2. Discretionary or special – additional
conditions listed, which the courts may
additionally impose on the probationer
towards his correction and rehabilitation
outside prison. HOWEVER, the
enumeration is not inclusive. Probation
statutes are liberal in character and enable
the courts to designate practically ANY
term it chooses, as long as the
probationer’s Constitutional rights are not
jeopardized. Also, they must not be unduly
restrictive of probationer, and not
incompatible with the freedom of
conscience of probationer.
J. PERIOD OF PROBATION
FOR HOW LONG MAY A CONVICT BE
PLACED ON PROBATION?
1. If the convict is sentenced to a term of
imprisonment of NOT more than one year,
the period of probation shall not exceed 2
years.
2. In all other cases, if he is sentenced to
more than one year, said period shall not
exceed 6 years.
3. When the sentence imposes a fine only
and the offender is made to serve
subsidiary imprisonment. The period of
probation shall be twice the total number
of days of subsidiary imprisonment.
K. ARREST OF PROBATIONER AND
SUBSEQUENT DISPOSITIONS
1. At any time during probation, the court
may issue a warrant for the ARREST
of a probationer for any serious
violation of the conditions of probation.
2. If violation is established, the court
may (a) REVOKE his probation, or (b)
continue his probation and MODIFY
the conditions thereof. This order is
not appealable.
3. If revoked, the probationer shall
SERVE the sentence originally
imposed.
L. TERMINATION OF PROBATION
The court may order the final discharge of the
probationer upon finding that, he has fulfilled
the terms and conditions of his probation.
M. EFFECTS OF TERMINATION
OF PROBATION:
1. Case is deemed terminated.
2. Restoration of all civil rights lost or
suspended.
3. Fully discharges liability for any fine
imposed.

Note that the probation is NOT
coterminous with its period. There must be
an order issued by the court discharging
the probationer.
Chapter Five: Execution and Service of
Penalties (Arts. 78-88)
 ART. 79 - SUSPENSION OF THE
EXECUTION AND SERVICE OF THE
PENALTIES IN CASE OF INSANITY
RULES REGARDING EXECUTION AND
SERVICE OF PENALTIES IN CASE OF
INSANITY:
1. When a convict becomes insane or
imbecile after final sentence has been
pronounced, the execution of such
sentence is suspended only as regards
the personal penalty.
2. If he recovers his reason, his sentence
shall be executed unless the penalty has
prescribed.
3. Even if while serving his sentence, the
convict becomes insane or imbecile, the
above provisions shall be observed.
4. But the payment of his civil or pecuniary
liabilities shall not be suspended.
 ART. 83. SUSPENSION OF THE
EXECUTION OF THE DEATH SENTENCE
Death sentence shall be suspended when
accused is a:
1. Woman, while pregnant;
2. Woman, within one year after delivery;
3. Person over 70 years of age; or
4. Convict who becomes insane, after final
sentence of death has been pronounced.
THE CHILD AND YOUTH WELFARE CODE
(PD 603, as amended)
Who is a Youthful Offender?
A youthful offender is a child, minor, or youth,
including one who is emancipated in
accordance with law, who is over nine years
but under eighteen years of age at the time of
the commission of the offense.

A child nine years of age or under at the
time of the commission of the offense shall
be exempt from criminal liability and shall
be committed to the care of his or her
father or mother, or nearest relative or
family friend in the discretion of the court
and subject to its supervision

The same shall be done for a child over
nine years and under fifteen years of age
at the time of the commission of the
offense, unless he acted with discernment,
in which case he shall be proceeded
against in accordance with Article 192.
OUTLINE:
A. The purpose of the Child and Youth
Welfare Code is to avoid a situation where
JUVENILE OFFENDERS would
commingle with ordinary criminals in
prison.
B. If the court finds that the youthful offender
committed the crime charged against him,
it shall DETERMINE the imposable
penalty and the civil liability chargeable
against him.
C. The court may not pronounce judgment of
conviction but instead SUSPEND all
further proceedings if, upon application of
the youthful offender, it finds that the best
interest of the public and that of the
offender will be served thereby.
D. The benefits of Article 192 of PD 603, as
amended, providing for suspension of
sentence, shall NOT APPLY TO (1) a
youthful offender who once enjoyed
suspension of sentence under its
provisions, or (2) one who is convicted of
an offense punishable by death or life
imprisonment.
E. The youthful offender shall be
RETURNED to the committing court for
pronouncement of judgment, when the
youthful offender, (1) has been found
incorrigible, or (2) has willfully failed to
comply with the conditions of his
rehabilitation programs; or (3) when his
continued stay in the training institution
would be inadvisable.
F. When the youthful offender has reached
the age of TWENTY-ONE (now
EIGHTEEN) while in commitment, the
court shall determine whether-
1. To DISMISS the case, if the
youthful offender has behaved
properly and has shown his capability
to be a useful member of the
community; or
2. To PRONOUNCE the judgment of
conviction, if the conditions mentioned
are not met.
G. In the latter case, the convicted offender
may apply for PROBATION. In any case,
the youthful offender shall be credited in
the service of his sentence with the full
time spent in actual commitment and
detention.
H. The final release of a youthful offender,
based on good conduct as provided in Art.
 196 shall not obliterate his CIVIL
LIABILITY for damages.
I. A minor who is ALREADY AN ADULT at
the time of his conviction is not entitled to
a suspension of sentence.
committed survives and maybe pursued in a
separate civil action. Sources of civil liability
other than crime are law, contracts, quasi-
contracts and quasi-delicts. (People vs.
Bayotas, G.R. No. 152007, September 2,
1994)

 ART. 87 - DESTIERRO AMNESTY – is an act of the sovereign power

granting oblivion or general pardon for a past
ONLY IN THE FOLLOWING CASES IS offense, and is rarely if ever exercised in favor
DESTIERRO IMPOSED: of a single individual, and is usually extended
1. Death or serious physical injuries is in behalf of certain classes of persons who are
caused or are inflicted under exceptional subject to trial but have not yet been
circumstances (Art. 247); convicted.
2. Failure to give bond for good behavior in
grave and light threats (Art. 284); PARDON – is an act of grace, proceeding
3. Penalty for the concubine in concubinage from the power entrusted with the execution of
(Art. 334); the laws, which exempts the individual on
4. When, after reducing the penalty by one or whom it is bestowed from the punishment the
more degrees, destierro is the proper law inflicts for the crime he has committed.
penalty.
Pardon distinguished from amnesty
TITLE FOUR: EXTINCTION OF CRIMINAL PARDON AMNESTY
LIABILITY 1. Includes any crime 1. A blanket pardon to
and is exercised classes of persons or
Chapter One: Total Extinction of Criminal individually by the communities who may
Liability (Arts. 89-93) President be guilty of political
offenses.
2. Exercised when the 2. May be exercised
 ART. 89 - CRIMINAL LIABILITY IS person is already even before trial or
TOTALLY EXTINGUISHED convicted investigation is had
3. Merely looks 3. Looks BACKWARD
HOW CRIMINAL LIABILITY TOTALLY FORWARD and and abolishes and puts
EXTINGUISHED: relieves the offender into oblivion the
1. By the DEATH of the convict as to from the offense itself; it so
consequences of an overlooks and
personal penalties; BUT as to pecuniary
offense of which he obliterates the offense
penalties, liability is extinguished only has been convicted; it with which he is
when the death of the offender occurs does not work for the charged that the
before final judgment; restoration of the rights person released by
2. By SERVICE OF SENTENCE; to hold public office, or amnesty stands before
3. By AMNESTY, which completely the right of suffrage, the law precisely as
extinguishes the penalty and all its effects; unless such rights are though he had
4. By ABSOLUTE PARDON; expressly restored by committed no offense.
5. By PRESCRIPTION OF THE CRIME; means of pardon.
4. Does not alter the 4. Makes an ex-convict
6. By PRESCRIPTION OF PENALTY;
fact that the accused is no longer a recidivist,
7. By MARRIAGE OF THE OFFENDED a recidivist as it because it obliterates
WOMAN with the offender in the crimes of produces only the the last vestige of the
rape, seduction, abduction, and acts of extinction of the crime.
lasciviousness. In the crimes of rape, personal effects of the
seduction, abduction, and acts of penalty.
lasciviousness, the marriage, as provided 5. Does not extinguish 5. Does not extinguish
under Art 344, must be contracted in good the civil liability of the the civil liability of the
faith. offender offender
6. Being PRIVATE 6. Being a
EFFECT OF DEATH OF THE ACCUSED ACT by the President, Proclamation of the
PENDING APPEAL OF HIS CONVICTION: must be pleaded and Chief Executive with
proved by the person the concurrence of
The death of the accused pending the appeal pardoned Congress; is a PUBLIC
of his conviction will extinguish his criminal ACT of which the
liability as well as his civil liability arising from courts should take
the crime committed. However civil liability judicial notice
arising from sources other than the crime
  ART. 90 - PRESCRIPTION OF CRIMES
Prescription of the crime – is the forfeiture or
loss of the right of the State to prosecute the
offender, after the lapse of a certain time.
PRESCRIPTIVE PERIODS OF CRIMES:
1. Crimes punishable by
a) Death, reclusión perpetua or reclusión
temporal – 20 years
b) afflictive penalties – 15 years
c) correctional penalties – 10 years
except those punishable by arresto
mayor which shall prescribe in 5
years.

When the penalty fixed by law is a
compound one, the highest penalty
shall be made the basis of the
application of the rules contained
above.
2. Crime of libel – 1 year
3. Offenses of oral defamation and slander
by deed – 6 months

Simple slander – 2months
Grave slander – 6 months
4. Light offenses – 2 months
5. Crimes punishable by fines
a) if fine is afflictive – 15 years
b) if it is correctional – 10 years
c) if it is light – 2 months.

The subsidiary penalty for
nonpayment of the fine should not be
considered in determining the period
of such crimes.

When fine is an alternative penalty
higher than the other penalty which is
by imprisonment, prescription of the
crime is based on the fine.
RULE WHERE LAST DAY OF
PRESCRIPTIVE PERIOD FALLS ON A
SUNDAY OR LEGAL HOLIDAY
Where the last day of the prescriptive period
for filing an information falls on a
Sunday or legal holiday, the information can
no longer be filed on the next day as the crime
has already prescribed.
Is there a conflict between the provisions
of the Revised Penal Code on prescription
of crimes and Section 8, Rule 117 of Rules
of Court (time-bar)?
No, it is but a limitation of the right of the State
to revive a criminal case against the accused
after the Information had been filed but
subsequently provisionally dismissed with the
express consent of the accused. If a criminal
case is dismissed on motion of the accused
because the trial is not concluded within the
period therefor, the prescriptive periods under
the Revised Penal Code are not thereby
diminished. But whether or not the prosecution
of the accused is barred by the statute of
limitations or by the lapse of the time-line
under the new rule, the effect is basically the
same.
 ART. 91 - COMPUTATION OF
PRESCRIPTION OF OFFENSES
OUTLINE:
1. Period of prescription commences to run
from the day on which the crime is
discovered by the offended party, the
authorities, or their agents.
a) It is interrupted by the filing of the
complaint or information
corresponding to the offense
committed.
b) It shall commence to run again when
such proceedings terminate without
the accused being convicted or
acquitted, or unjustifiably stopped for
any reason not imputable to the
accused.
2. The termination contemplated here refers
to a termination that is final as to amount
to a jeopardy that would bar a subsequent
prosecution.
3. The term of prescription shall not run when
the offender is absent from the Philippine
Archipelago.
4. The prescriptive period of continuing
crime, cannot begin to run because there
could be no termination of continuity and
the crime does not end.

The filing of the complaint with the
municipal trial court, although only for
preliminary investigation, interrupted and
suspended the period of prescription in as
much as the jurisdiction of a court in a
criminal case is determined by the
allegation in the complaint or information,
not by the result of proof.
EFFECT OF FILING AN AMENDED
COMPLAINT OR INFORMATION UPON
PERIOD OF PRESCRITPION
If the amendment charges a different crime,
the date of the amended complaint or
information should be considered. If it is
merely a correction of a defect, the date of the
original complaint or information should be
considered.
  ART. 92 - PRESCRIPTION OF prescription that has run in his favor should be
PENALTIES taken into account.

Prescription of the penalty – is the loss or Chapter Two: Partial Extinction of Criminal
forfeiture of the right of the government to Liability (Arts. 94-99)
execute the final sentence, after the lapse of a
certain time.
 ART. 94 - PARTIAL EXTINCTION
PRESCRIPTIVE PERIODS OF PENALTIES: OF CRIMINAL LIABILITY
1. Death and reclusión perpetua – 20 years
2. Other afflictive penalties – 15 years CRIMINAL LIABILITY IS PARTIALLY
3. Correctional penalties – 10 years except EXTINGUISHED:
for the penalty of arresto mayor which 1. By CONDITIONAL PARDON;
prescribes in 5 years. 2. By COMMUTATION OF SENTENCE;
4. Light penalties – 1 year 3. For GOOD CONDUCT ALLOWANCES
which the culprit may earn while he is
serving his sentence;
 ART. 93 - COMPUTATION OF THE 4. By PAROLE
PRESCRIPTION OF PENALTIES a) Parole – is the suspension of the
sentence of a convict, after serving the
OUTLINE: minimum term of the indeterminate
1. Period of prescription commences to run penalty, without being granted a
from the date when the culprit evaded the pardon, prescribing the terms upon
service of his sentence. which the sentence shall be
2. It is interrupted when the convict suspended
a) gives himself up, b) If the convict fails to observe the
b) is captured, condition of the parole, the Board of
c) goes to a foreign country with which Pardons and Parole is authorized to:
we have no extradition treaty, or i) direct his ARREST AND RETURN
d) commits any crime before the TO CUSTODY and thereafter;
expiration of the period of prescription. ii) to CARRY OUT HIS SENTENCE
WITHOUT DEDUCTION of the
ELEMENTS: time that has elapsed between the
1. That the penalty is imposed by final date of the parole and the
judgment; subsequent arrest.
2. That the convict evaded the service of his 5. By PROBATION. See Probation Law page
sentence by escaping during the term of 43
his sentence;
3. The convict who escaped from prison has Conditional pardon distinguished from
not given himself up, or been captured, or parole
gone to a foreign country with which we CONDITIONAL
PAROLE
have no extradition treaty, or committed PARDON
another crime; 1. May be given at any 1. May be given after

If our Government has extradition time after final the prisoner has
treaty with the country to with the judgment; is granted served the minimum
offender escaped, but the crime by the Chief Executive penalty; is granted by
under the provisions of the Board of Pardons
committed is not included in the treaty,
the Administrative and Parole under the
it is believed that it would interrupt the Code provision of the
running of the prescriptive period. Indeterminate
4. That the penalty has prescribed, because Sentence Law
of the lapse of time from the date of the 2. For violation of the 2. For violation of the
evasion of service of the sentence by the conditional pardon, the terms of the parole, the
convict. convict may be convict CANNOT BE

Acceptance of conditional pardon ordered re-arrested or PROSECUTED
interrupts the prescriptive period. re-incarcerated by the UNDER ART. 159 OF
Chief Executive, or THE RPC, he can be
may be re-arrested and re-
PERIOD OF PRESCRIPTION THAT RAN
PROSECUTED under incarcerated to serve
DURING THE EVASION IS NOT FORFEITED Art. 159 of the Code the unserved portion of
If the culprit is captured and evades again the his original penalty.
service of his sentence, the period of
TITLE FIVE: CIVIL LIABILITY
Chapter One: Persons Civilly Liable for
Felonies (Arts. 100-103)
 ART. 100 - CIVIL LIABILITY OF A
PERSON GUILTY OF FELONY
A CRIME HAS A DUAL CHARACTER:
1. As an offense against the state, because
of the disturbance of the social order; and
2. As an offense against the private person
injured by the crime, UNLESS it involves
the crime of treason, rebellion, espionage,
contempt, and others wherein no civil
liability arises on the part of the offender,
either because there are no damages to
be compensated or there is no private
person injured by the crime.
EFFECT OF ACQUITTAL
Extinction of the penal action does NOT carry
with it extinction of the civil; UNLESS the
extinction proceeds from a declaration in a
final judgment that the fact from which the civil
liability might arise did not exist. (See Section
1, Rule 111 of the 2000 Rules on Criminal
Procedure. Civil liability arising from other
sources of obligations is not impliedly
instituted with the criminal action).
EFFECT OF DISMISSAL OF CASE
The dismissal of the information or the criminal
action does NOT affect the right of the
offended party to institute or continue the civil
action already instituted arising from the
offense, because such dismissal or extinction
of the penal action does not carry with it the
extinction of the civil action.
EFFECT OF DEATH OF THE OFFENDER
If the offender dies prior to the institution of the
action or prior to the finality of judgment, civil
liability ex-delicto is extinguished. (De Guzman
vs. People, G.R. No. 154579. October 8,
2003)

In all these cases, civil liability from
sources other than delict are not
extinguished.
RULE IF THE OFFENDER IS ACQUITTED,
INSOFAR AS THE CIVIL LIABILITY IS
CONCERNED
As a rule, if the offender is acquitted, the civil
liability is extinguished, EXCEPT:
a) if the acquittal is on the ground that
the guilt has not been proved beyond
reasonable doubt;
b) the acquittal was due to an exempting
circumstance like insanity; and
c) when the court finds and states in its
judgment that there is only civil
responsibility.
 ART. 101 - RULES REGARDING CIVIL
LIABILITY IN CERTAIN CASES

Civil liability is still imposed in cases falling
under exempting circumstances.
EXCEPT:
1. No civil liability in paragraph 4 of Art.
12 which provides for injury caused by
mere accident.
2. No civil liability in paragraph 7 of Art.
12 which provides for failure to
perform an act required by law when
prevented by some lawful or
insuperable cause.
PERSONS CIVILLY LIABLE FOR ACTS OF
INSANE OR MINOR EXEMPT FROM
CRIMINAL LIABILITY (Paragraphs 1, 2 and 3
of Article 12)
The civil liability for acts committed by an
imbecile or insane or minor exempt from
criminal liability shall devolve upon the person
having legal capacity or control over them, if
the latter are at fault or negligent. They are
primarily liable.
If there is no fault or negligence on their
part, or even if at fault or negligent but
insolvent, or should there be no person having
such authority or control, the insane, imbecile,
or such minor shall respond with their own
property not exempt from execution.
PERSONS CIVILLY LIABLE FOR ACTS
COMMITTED BY PERSONS ACTING
UNDER IRRESISTIBLE FORCE OR
UNCONTROLLABLE FEAR
The persons using violence or causing the
fear are primarily liable. If there be no such
persons, those doing the act shall be liable
secondarily.

No civil liability is imposed in cases falling
under justifying circumstances
EXCEPT: under paragraph 4 of Article 11,
where a person does an act, causing
damage to another, in order to avoid evil
or injury, the person benefited by the
prevention of the evil or injury shall be
civilly liable in proportion to the benefit he
received.
  ART. 102 - SUBSIDIARY LIABILITY OF
INNKEEPERS, TAVERNKEEPERS, AND
PROPRIETORS OF ESTABLISHMENTS
ELEMENTS UNDER PARAGRAPH 1:
1. That the innkeeper, tavernkeeper or
proprietor of establishment or his
employee committed a violation of
municipal ordinance or some general or
special police regulation.
2. That the crime is committed in such inn,
tavern or establishment.
3. That the person criminally liable is
insolvent.

Concurrence of all elements makes the
innkeeper, tavernkeeper, or proprietor
civilly liable for the crime committed in his
establishment.
ELEMENTS UNDER PARAGRAPH 2:
1. That the guests notified in advance the
innkeeper or the person representing of
the deposit of their goods within the inn or
house.
2. The guests followed the directions of the
innkeeper or his representative with
respect to the care of and vigilance over
such goods.
3. Such goods of the guests lodging therein
were taken by robbery with force upon
things or theft committed within the inn or
house.

An innkeeper or tavernkeeper is
subsidiarily and civilly liable for restitution
of goods taken by means of robbery with
violence and intimidation against persons
when the same is committed by the
innkeeper’s employees.
ART. 103 - SUBSIDIARY CIVIL LIABILITY
OF OTHER PERSONS
ELEMENTS:
1. The employer, teacher, person, or
corporation is engaged in any kind of industry.
Any of their servants, pupils, workmen,
apprentices, or employees commits a felony
while in the discharge of his duties.
The said employee is insolvent and has not
satisfied his civil liability.

The employment of the diligence to be
expected of a good father of a family in the
selection of his employees will not exempt
the parties subsidiarily liable for damages.
Chapter Two: What Civil Liability Includes
(Arts. 104-111)
 ART. 104 - WHAT IS INCLUDED IN
CIVIL LIABILITY
RESTITUTION – restitution of the thing itself
must be made whenever possible even when
found in the possession of a third person
except when acquired by such person in any
manner and under the requirements which, by
law, bar an action for its recovery.
REPARATION OF DAMAGES – reparation
will be ordered by the court if restitution is not
possible. The court shall determine the
amount of damage, taking into consideration
the price of the thing, whenever possible, and
its special sentimental value to the injured
party. It refers generally to crimes against
property.
INDEMNIFICATION FOR DAMAGES –
includes not only those caused the injured
party, but also, those suffered by his family or
by a third person by reason of the crime. It is
ordinarily the remedy granted to the victims of
crimes against persons.
Chapter Three: Extinction and Survival of
Civil Liability (Arts. 112-113)
ART. 112 - EXTINCTION OF
CIVIL LIABILITY
Civil liability is extinguished:
1. By payment or performance;
2. By the condonation or remission of the
debt;
3. By the confusion or merger of the rights of
the creditor and debtor;
4. By compensation;
5. By novation;
6. Other causes of extinguishment of
obligations, such as annulment,
rescission, fulfillment of a resolutory
condition, and prescription.
NOTE: Civil liability in criminal cases is not
extinguished by the loss of the thing due
because reparation will be ordered by the
court in such cases.
 BOOK TWO
Chapter One: Crimes Against National
Security (Arts. 114-123)
Section One – Treason and espionage
 ART. 114-TREASON
Treason – is a breach of allegiance to a
government, committed by a person who owes
allegiance to it.
Allegiance – is the obligation of fidelity and
obedience which the individual owes to the
government under which he lives or to his
sovereign, in return for the protection he
receives. Hence an alien residing in the
Philippines may be prosecuted for acts of
treason due to the temporary allegiance he
owes to the Philippine government.
ELEMENTS OF TREASON:
1. That the offender owes allegiance to the
Government of the Philippines
2. That there is a war in which the Philippines
is involved
3. That the offender either “(modes of
committing)”
a) levies war against the government; or
b) adheres to the enemies, giving them
aid or comfort.
Ways of being committed:
1. Levying war

Means that a) there is an actual
assembling of men b) for the purpose
of executing a treasonable design by
force
Treason by
Rebellion
levying war
The purpose of levying Such purpose is not
war is to help the necessary
enemy e.g. civil uprising
2. Adherence to the enemies, giving them aid
and comfort

requires both a) adherence to the
enemies, and b) giving of aid or
comfort to them.

“The term “alien” applies only to the
subjects of a foreign power. It does not
embrace rebels in insurrection against
there own country, for in that case the
crime would be rebellion.”
“Adherence to enemy”
It means that there is intent to betray;
intellectually or emotionally favors the enemy
and harbors sympathies or convictions disloyal
to his country’s policy or interest
MEANING OF “rendering aid or comfort”
An act which strengthens or tends to
strengthen the enemy in the conduct of war
against the traitor’s country or any act which
weakens or tends to weaken the power of the
traitor’s country to resist or to attack the
enemy
Ways of proving Treason (overt act):
1. Testimony of two witnesses, at least, to
the same overt act (two-witness rule); or
2. Confession of guilt in open court
Adherence may be proved:
1. by one witness;
2. from the nature of the act itself, or
3. from the circumstances surrounding the
act.

The levying of war must be with intent to
overthrow the government as such, not
merely to resist a particular statute or to
repeal a particular officer. It is not
necessary that those attempting to
overthrow the government by force of
arms should have the apparent power to
succeed in their design, in whole or in part.

Treason absorbs crimes committed in
furtherance thereof.

Treason is a CONTINUOUS OFFENSE.
All overt acts of treason the accused has
committed constitute but a single offense.

There is no treason thru negligence. The
overt act of giving aid or comfort to the
enemy must be intentional.

Mere acceptance of public office and
discharge of official duties under the
enemy do not constitute per se the felony
of treason. But when the position is policy-
determining, the acceptance of public
office and the discharge of official duties
constitute treason.

“Treason committed in a foreign country
may be prosecuted in the Philippines.
(Art.2, RPC)”

Treason by an alien must be committed in
the Philippines. (EO 44).

 ART. 115- CONSPIRACY & PROPOSAL
TO COMMIT TREASON

“As a general rule, conspiracy and
proposal to commit a felony is not
punishable (ART.8), Art 115 is an
exception as it specifically penalizes
conspiracy and proposal to commit
treason.”

The two-witness rule does not apply
because this is a separate and distinct
offense.
 ART. 116- MISPRISION OF TREASON
ELEMENTS:
1. That the offender is a citizen of the
Philippines
2. That he has knowledge of any conspiracy
against the Government
3. That the conspiracy is one to commit
treason
4. That he conceals or does not disclose and
make known the same as soon as
possible to the proper authority.

Art. 116 does not apply when treason is
already committed and the accused does
not report its commission.

The phrase “shall be punished as an
accessory to the crime of treason,”
mentioned in the provision, does not mean
that that the offender is, legally speaking,
an accessory to the crime of treason
because he is already a principal in the
crime of misprision of treason. It simply
means that the penalty imposed is that of
an accessory to the crime of treason.
 ART. 117- ESPIONAGE
Espionage – is the offense of gathering,
transmitting, or losing information respecting
the national defense with intent or reason to
believe that the information is to be used to the
injury of the Republic of the Philippines or the
advantage of a foreign nation.
TWO WAYS OF COMMITTING:
1. By entering, without authority, a warship,
fort, or military or naval establishment or
reservation to obtain any information, plan
or other data of confidential nature relative
to the defense of the Philippines.
ELEMENTS:
a) That the offender enters any of the
places mentioned therein;
b) That he has no authority therefore;
c) That his purpose is to obtain
information, plans, photographs or
other data of a confidential nature
relative to the defense of the
Philippines.
2. By disclosing to the representative of a
foreign nation the contents of the articles,
data or information referred to in the
preceding paragraph, which he had in his
possession by reason of the public office
he holds.
ELEMENTS:
a) That the offender is a public officer;
b) That he has in his possession the
articles, data or information referred to
in par. no. 1 of Art. 117, by reason of
the public office he holds;
c) That he discloses their contents to a
representative of a foreign nation.
COMMONWEALTH ACT 616
An Act to Punish Espionage and Other
Offenses Against National Security
Acts Penalized
1. Unlawfully obtaining or permitting to be
obtained information affecting national
defense
2. Unlawfully disclosing information affecting
national defense
3. Disloyal acts or words in time of peace
4. Disloyal acts or words in time of war
5. Conspiracy to commit the preceding acts
6. Harboring or concealing violators of the
Act.
Espionage distinguished from treason
ESPIONAGE TREASON
Both are crimes not conditioned by the
citizenship of the offender.
May be committed Is committed only in
both in time of peace time of war.
and in time of war.
May be committed in Is limited to two ways
many ways. of committing the
crime: levying war, and
adhering to the enemy
giving him aid or
comfort
Section Two – Provoking war and
disloyalty in case of war
 ART. 118- INCITING TO WAR OR
GIVING MOTIVES FOR REPRISALS
ELEMENTS:
1. That the offender performs unlawful or
unauthorized acts; and
2. That such acts provoke or give occasion
for (a) a war involving or liable to involve
the Philippines or (b) expose Filipino
citizens to reprisals on their persons &
property.

Intention of the accused is immaterial.

This is committed in time of peace.
 ART. 119- VIOLATION OF NEUTRALITY
ELEMENTS:
1. That there is a war in which the Philippines
is not involved,
2. That there is a regulation issued by a
competent authority for the purpose of
enforcing neutrality, and
3. That the offender violates such regulation.
 ART. 120- CORRESPONDENCE WITH
HOSTILE COUNTRY
ELEMENTS:
1. That it is made in time of war in which the
Philippines is involved
2. That the offender makes correspondence
with the: (a) enemy country or (b) territory
occupied by the enemy troops
3. That the correspondence is either:
a) prohibited by the Government, or
b) carried on in ciphers or conventional
signs, or
c) if notice or information be given
thereby which might be useful to the
enemy.
Correspondence – communication by means
of letters; or it may refer to the letters which
pass between those who have friendly or
business relations.

“Even if the correspondence contains
innocent matters, if the correspondence
has been prohibited by the government, it
is punishable because of the possibility
that some information useful to the enemy
might be revealed unwittingly.”
Circumstances qualifying the offense: The
following must concur:
1. That the notice or information might be
useful to the enemy;
2. That the offender intended to aid the
enemy.
 ART. 121- FLIGHT TO ENEMY’S
COUNTRY
ELEMENTS:
1. That there is a war in which the Philippines
is involved.
2. That the offender owes allegiance to the
Government.
3. That the offender attempts to flee or go to
the enemy country.
4. That going to the enemy country is
prohibited by the competent authority.

An alien resident may be guilty of flight to
enemy country, because an alien owes
allegiance to the Philippine government
albeit temporary.
Section Three – Piracy and mutiny on the
high seas
 ART. 122- PIRACY IN GENERAL &
MUTINY ON THE HIGH SEAS
Piracy – it is robbery or forcible depredation
on the high seas, without lawful authority and
done with animo furandi and in the spirit and
intention of universal hostility.
TWO WAYS OR MODES OF COMMITTING
PIRACY:
1. By attacking or seizing a vessel on the
high seas or in Philippine waters;
2. By seizing in the vessel while on the high
seas or in Philippine waters the whole or
part of its cargo, its equipment or personal
belongings of its complement or
passengers.
ELEMENTS OF PIRACY:
1. That a vessel is on the high seas or on
Philippine waters
2. That the offenders are not members of its
complement or passengers of the vessel
3. That the offenders
a) attack or seize the vessel; or
b) seize the whole or part of the cargo
of said vessel, its equipment or
personal belongings of its
compliment or passengers
High seas – waters which are beyond the on board a ship against the authority of its
boundaries of the low-water mark. commander.
- parts of the sea that are not
included in the exclusive economic zone, in Piracy distinguished from mutiny
the territorial seas, or in the internal waters of PIRACY MUTINY
a state, or in the archipelagic waters of an The persons who They are members of
archipelagic state (United Nations Convention attack a vessel or the crew or
on the Law of the Sea). seize its cargo are passengers.
strangers to the
Philippine waters – shall refer to all bodies of vessels.
water, such as but not limited to seas, gulfs, Intent to gain is The offenders may
bays, around, between and connecting each of essential. only intend to ignore
the islands of the Philippine Archipelago, the ship’s officers or
irrespective of its depth, breadth, length or they may be prompted
dimension, and all waters belonging to the by a desire to commit
Philippines by historic or legal title, including plunder.
territorial sea, the sea-bed, the insular shelves,
and other submarine areas over which the
Pursuant to Art 122, as amended by R.A.
Philippines has sovereignty and jurisdiction. 7659, Piracy and Mutiny may be
(Sec. 2, P.D. No. 532) committed in Philippine waters.

Piracy distinguished from robbery in the

high seas
ROBBERY ON THE
PIRACY
HIGH SEAS
The offender is an The offender is a member
outsider. of the complement or a
passenger of the vessel.
In both, there is intent to gain and the manner of
committing the crime is the same.

“Piracy is a crime not against any
particular state but against all mankind. It
may be punished in the competent tribunal
of any country where the offender may be
found or into which he may be carried.”
Mutiny – the unlawful resistance to a superior,
or the raising of commotions and disturbances
NOTE: Under PD 532, piracy may be
committed even by a passenger or member of
the complement of the vessel.
 ART. 123- QUALIFIED PIRACY
PD 532 (ANTI-PIRACY AND ANTI-HIGHWAY
ROBBERY LAW OF 1974)
Vessel – any vessel or watercraft used for (a)
transport of passengers and cargo or (b) for
fishing.
Punishes the act of AIDING OR ABETTING
PIRACY.
Requisites:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by
such pirates, or in any manner derives any
benefit therefrom;
3. Directly or indirectly abets the commission
of piracy.

Qualified piracy is a SPECIAL COMPLEX
CRIME punishable by reclusión perpetua
to death, regardless of the number of
victims.

Qualifying Circumstances:
1. Whenever the offenders have seized the
vessel by boarding or firing upon the same
2. Whenever the pirates have abandoned
their victims without means of saving
themselves
3. Whenever the crime is accompanied by
murder, homicide, physical injuries, or
rape

The “crimes” mentioned in the article
which are qualified are piracy and mutiny
on the high seas.
ANTI-HIJACKING LAW
REPUBLIC ACT 6235
ACTS PUNISHED:
1. usurping or seizing control of an aircraft of
Philippine registry while it is in flight;
compelling the pilots thereof to change its
course or destination
2. usurping or seizing control of an aircraft of
foreign registry, while within Philippine
territory, compelling the pilots thereof to
land in any part of Philippine territory
3. carrying or loading on board an aircraft
operating as a public utility passenger
aircraft in the Philippines flammable,
corrosive, explosive or poisonous
substances; and
4. loading, shipping, or transporting on board
a cargo aircraft operating as a public
utility in the Philippines, flammable,
corrosive, or poisonous substance if not
done in accordance with the rules and
regulations of the Air Transportation
Office.
MEANING OF “aircraft is in flight”
From the moment all exterior doors are closed
following embarkation until the same doors are
again opened for disembarkation.
TITLE TWO: CRIMES AGAINST THE
FUNDAMENTAL LAW OF THE STATE

All offenses in this Title are required to be
committed by public officers except
offending the religious feelings
Chapter One: Arbitrary Detention or
Expulsion, Violation of Dwelling,
Prohibition, Interruption, and Dissolution of
Peaceful Meeting and Crimes Against
Religious Worship (Arts. 124-133)
Section One – Arbitrary Detention and
expulsion
 ART. 124- ARBITRARY DETENTION
ELEMENTS:
1. That the offender is a public officer or
employee
2. That he detains a person
3. That the detention is without legal ground
Detention – a person is detained when he is
placed in confinement or there is restraint on
his person.

Detention need not involve any physical
restraint. If the acts and actuations of the
accused can produce such fear in the
mind of the victim sufficient to paralyze the
latter, to the extent that the victim is
compelled to limit his own actions and
movements in accordance with the wishes
of the accused, then the victim is, for all
intents and purposes, detained against his
will (Astorga vs. People, Oct. 1, 2003).
LEGAL GROUNDS FOR THE DETENTION
OF PERSONS:
1. The commission of a crime
2. Violent insanity or other ailment requiring
compulsory confinement of the patient in a
hospital

The public officer liable for arbitrary
detention must be vested with authority to
detain or order the detention of persons
accused of a crime, but when they detain
a person they have no legal grounds
therefor.

The penalty for Arbitrary Detention
depends upon the period of detention
involved, a greater penalty is imposed if
the period is longer.

Arrest without a warrant is the usual cause
of arbitrary detention.
 ART. 125- DELAY IN THE DELIVERY OF
DETAINED PERSONS TO THE PROPER
JUDICIAL AUTHORITIES
ELEMENTS:
1. That the offender is a public officer or
employee
2. That he has detained a person for some
legal ground ( Sec. 5, Rule 113, Rules of
Court)
3. That he fails to deliver such person to the
proper judicial authorities within:
a) 12 hrs. for offenses punishable by light
penalties or their equivalent.
b) 18 hrs. for offenses punishable by
correctional penalties or their
equivalent.
c) 36 hrs. for offenses punishable by
afflictive penalties or their equivalent.
Circumstances considered in determining
liability of officer detaining a person
beyond legal period:
1. The means of communication;
2. The hour of arrest; and
3. Other circumstances such as the time of
surrender and the material possibility of
the fiscal to make the investigation and file
in time the necessary information.
MEANING OF “proper judicial authorities”
Refers to the courts of justice or judges of said
courts vested with judicial power to order the
temporary detention or confinement of a
person charged with having committed a
public offense.
REASON FOR ART. 125
It is intended to prevent any abuse resulting
from confining a person without informing him
of his offense and without permitting him to go
on bail.


If the offender is a private individual – the
crime is ILLEGAL DETENTION under
Art. 267

Art. 125 applies only when the arrest is
made without a warrant of arrest but
lawful. It does not apply when the arrest is
by virtue of a warrant of arrest, in which
case he can be detained indefinitely.

Person arrested may request for a
preliminary investigation but must sign a
waiver of Art. 125.
“Shall fail to deliver to proper authorities”
It means filing of an information against the
person arrested with the corresponding court
or judge.
Art. 125 distinguished from Art. 124
ART. 124 ART. 125
The detention is The detention is legal in the
illegal from the beginning but the illegality of
beginning. the detention starts from the
expiration of any of the
periods of time specified in
Art. 125, without the person
detained having been
delivered to the proper
judicial authority.
 ART. 126- DELAYING RELEASE
THREE ACTS PUNISHED:
1. By delaying the performance of a judicial
or executive order for the release of a
prisoner.
2. By unduly delaying the service of the
notice of such order to said prisoner.
3. By unduly delaying the proceedings upon
any petition for the liberation of such
person.
ELEMENTS:
1. That the offender is a public officer or
employee
2. That there is a judicial or executive order
for the release of a prisoner or detention
prisoner, or that there is a proceeding
upon a petition for the liberation of such
person
3. That the offender without good reason
delays
a) the service of the notice of such order
to the prisoner,
b) the performance of such judicial or
executive order for the release of the
prisoner or
c) the proceedings upon a petition for
the release of such person.
 ART. 127- EXPULSION
TWO ACTS PUNISHED:
1. By expelling a person from the Philippines.
2. By compelling a person to change his
residence.
ELEMENTS:
1. That the offender is a public officer or
employee
2. That he expels any person from the
Philippines, or compels a person to
change his residence
3. That the offender is not authorized to do
so by law

Only the President of the Philippines is
authorized to deport aliens under the
Revised Administrative Code.

Only the court by a final judgment can
order a person to change residence
Section Two – Violation of Domicile
 ART. 128 – VIOLATION OF DOMICILE
PUNISHABLE ACTS:
1. By entering any dwelling against the will of
the owner thereof; or
2. By searching papers or other effects found
therein without the previous consent of
such owner; or
3. By refusing to leave the premises, after
having surreptitiously entered said
dwelling and after having been required to
leave the same.
COMMON ELEMENTS:
1. That the offender is public officer/
employee
2. That he is not authorized by judicial order
to enter the dwelling and/ or to make a
search for papers and for other effects
QUALIFYING CIRCUMSTANCES:
1. If committed at nighttime
2. If any papers or effects, not constituting
evidence of a crime are not returned
immediately after a search is made by the
offender.

The offender must be a public officer or
employee. If he is a private individual, the
crime committed is trespass to dwelling.

In the first mode, lack of consent
would not suffice as the law requires that
the offender’s entry must be over the
owner’s objection.
In the second mode, mere lack of
consent is sufficient.
In the third mode, what is punished is
the refusal to leave, the entry having been
made surreptitiously.

It is believed, however, that if the
surreptitious entry had been made through
an opening not intended for that purpose,
the offender would be liable under the first
mode since it is entry over the implied
objection of the inhabitant.

Although the Code speaks of the owner of
the premises, it would be sufficient if the
inhabitant is the lawful occupant using the
premises as his dwelling, although he is
not the proprietary owner thereof.
MEANING OF “against the will of owner”
Presupposes opposition or prohibition by the
owner, whether express or implied, and not
merely the absence of consent.
 ART. 129- SEARCH WARRANTS
MALICIOUSLY OBTAINED AND ABUSE
IN THE SERVICE OF THOSE
LEGALLY OBTAINED
Punishable Acts:
1. Procuring a search warrant without just
cause

A search warrant shall be valid for ten (10)
days from its date.
 ART. 130- SEARCHING DOMICILE
WITHOUT WITNESSES
ELEMENTS:
1. That the offender is a public officer/
employee
2. That he searches the domicile, papers or
other belongings of any person
3. That he is armed with a warrant
4. That the owner or any member of his
family, or two witnesses residing in the
same locality are not present
ELEMENTS:
a) That the offender is a public officer or
employee.
b) That he procures a search warrant.
c) That there is no just cause.
2. Exceeding his authority or by using
unnecessary severity in executing a
search warrant legally procured
ELEMENTS:
a) That the offender is a public officer or
employee.
b) That he has legally procured a search
warrant.
c) That he exceeds his authority or uses
unnecessary severity in executing the
same.
Search warrant – is an order in writing issued
in the name of the People of the Philippines,
signed by the judge and directed to a peace
officer, commanding him to search for
personal property described therein and bring
it before the court.
Test of lack of just cause
Whether the affidavit filed in support of the
application for search warrant has been drawn
in such a manner that perjury could be
charged thereon and affiant be held liable for
damages caused.

If the search warrant is secured through a
false affidavit, the crime punished by this
article cannot be complexed but will be a
separate crime from perjury since the
penalty herein provided shall be “in
addition to” the penalty of perjury.
Section Three – Prohibition, interruption,
and dissolution of peaceful meetings
 ART.131-PROHIBITION,
INTERRUPTION, & DISSOLUTION OF
PEACEFUL MEETINGS
Punishable Acts:
1. Prohibiting or interrupting, without legal
ground the holding of a peaceful meeting,
or by dissolving the same
2. Hindering any person from joining any
lawful association or from attending any of
its meetings
3. Prohibiting or hindering any person from
addressing, either alone or together with
others, any petition to the authorities for
the correction of abuses or redress of
grievances
COMMON ELEMENTS:
1. That the offender is a public officer
2. That he performs any of the acts
mentioned above

There is no legal ground to prohibit when
the danger is not imminent and the evil
to be prevented is not a serious one

Offender must be a stranger, and not a
participant

Interrupting and dissolving the meeting of
municipal council by a public officer is a
crime against a legislative body, not
punished under Art. 131 but under Art 143
and 144.
Section Four – Crimes against religious
worship
 ART. 132- INTERRUPTION OF
RELIGIOUS WORSHIP
ELEMENTS:
1. That the offender is a public
officer/employee,
2. That religious ceremonies or
manifestations of any religion are about to
take place or are going on, and
3. That the offender prevents/disturbs the
same.

Qualified by violence or threats

If the prohibition or disturbance is
committed only in a meeting or rally of a
sect, it would be punishable under Art.131.
 ART. 133- OFFENDING RELIGIOUS
FEELINGS
ELEMENTS:
1. That the acts complained of were
performed
a) in a place devoted to religious worship
[not necessary that there is religious
worship] or
b) during the celebration of any religious
ceremony,
2. That the acts must be notoriously
offensive to the feelings of the faithful.
Religious ceremonies – are those religious
acts performed outside of a church, such as
procession and special prayers for burying
dead person.
“Acts notoriously offensive to the feelings
of the faithful”
The acts must be directed against religious
practice or dogma or ritual for the purpose of
ridicule, as mocking or scoffing at or
attempting to damage an object of religious
veneration.

May be committed by a public officer or a
private individual

Offense of feeling is judged from
complainant’s point of view.
TITLE THREE: CRIMES AGAINST PUBLIC
ORDER
Chapter One: Rebellion, Coup d’etat,
Sedition, and Disloyalty (Arts. 134-142)
 ART. 134- REBELLION/INSURRECTION
ELEMENTS:
1. That there be
a) public uprising and
b) taking up of arms against the
Government.
2. For the purpose of:
a) Removing from the allegiance to said
Government or its laws
i. The territory of the Philippines, or
any part thereof.
ii. Any body of land, naval or other
armed forces or
b) Depriving the Chief Executive or
Congress, wholly or partially, of any of
their powers or prerogatives.
Rebellion – more frequently used where the
object of the movement is completely to
overthrow and supersede the existing
government. It is a crime of the masses, of
the multitude. It is a vast movement of men
and a complex network of intrigues and plots.
Insurrection – more commonly employed in
reference to a movement which seeks merely
to effect some change of minor importance, or
to prevent the exercise of governmental
authority with respect to particular matters or
subjects.
Rebellion distinguished from treason the exercise and continued possession of
power
REBELLION TREASON 4. That the purpose of the attack is to seize
The levying of war The levying of war
or diminish state power
against the against the
government during government would
The crime of coup d’etat may be
peace time for any constitute treason committed with or without civilian
purpose mentioned in when performed to aid participation.
Art. 134 is rebellion. the enemy.

Always involves taking May be committed by

up arms against the mere adherence to the  ART. 135- PENALTY FOR REBELLION
government. enemy giving him aid OR INSURRECTION OR COUP D’ETAT
and comfort.
PERSONS LIABLE FOR REBELLION,
INSURRECTION AND/OR COUP D’ETAT:

“Giving aid and comfort is not criminal in 1. The leaders –
rebellion.” a) Any person who
i. Promotes,
ii. Maintains. or
iii. Heads a rebellion or insurrection;
Rebellion distinguished from subversion or
REBELLION SUBVERSION b) Any person who –
i. Leads,
Crime against public Crime against national
order. security.
ii. Directs, or
There must be public Being officers and
iii. Commands others to undertake a
uprising to overthrow ranking members of coup d’etat;
the government. subversive groups 2. The participants –
constitute subversion. a) Any person who
i. Participates, or
ii. Executes the commands of

Persons acting as couriers or spies for others in rebellion, or
rebels are guilty of rebellion. insurrection;
b) Any person in the government service

Mere silence regarding the presence of who
rebels despite knowledge of a rebellion is i. Participates, or
not punishable, no crime of misprision of ii. Executes directions or commands
rebellion. of others in undertaking a coup
d’etat;

Rebellion cannot be complexed with, but c) Any person not in the government
absorbs other crimes committed in service who
furtherance of rebellious movement. There i. Participates,
is no complex crime of rebellion with ii. Support,
murder and other common crimes. iii. Finances,
iv. Abets, or
v. Aids in undertaking a coup d’etat.
 ART. 134-A- COUP D’ETAT
Who shall be deemed the leader of the
rebellion, insurrection or coup d’etat in
ELEMENTS OF COUP D’ETAT:
case he is unknown?
1. That the offender is a person or persons
Any person who in fact
belonging to military or police or holding
1. directed the others,
any public office or employment
2. spoke for them,
2. That it is committed by means of a swift
3. signed receipts and other documents
attack, accompanied by violence,
issued in their name, or
intimidation, threat, strategy, or stealth
4. performed similar acts, on behalf of the
3. That the attack is directed against duly
rebels.
constituted authorities of the Republic of
the Philippines or any military camp, or
Political crimes – in contrast to common
installation, or communication networks,
crimes, are those directly aimed against the
public utilities or other facilities needed for
political order, as well as such common crimes
as may be committed to achieve a political
purpose. The decisive factor is the intent or
motive.
 ART. 136- CONSPIRACY & PROPOSAL
TO COMMIT REBELLION , INSURRECTION
OR COUP D’ ETAT
Two Crimes penalized under this article:
1. Conspiracy to commit rebellion, and
2. Proposal to commit rebellion
Conspiracy to commit rebellion – when two
or more persons come to an agreement to rise
publicly and take arms against the
Government for any of the purposes of
rebellion and decide to commit it.
Proposal to commit rebellion – when the
person who has decided to rise publicly and
take arms against the Government for any of
the purposes of rebellion proposes its
execution to some other person or persons.

“This is an instance where the law
punishes preparatory acts.”
 ART. 137- DISLOYALTY OF PUBLIC
OFFICERS /EMPLOYEES
Punishable acts:
1. Failing to resist a rebellion by all means in
their power
2. Continuing to discharge the duties of their
office under the control of the rebels
3. Accepting appointment to office under the
rebels

The crime presupposes the existence of
rebellion by other persons; the offender
must not be in conspiracy with the rebels;
otherwise, he himself will also be guilty of
rebellion.
 ART. 138- INCITING TO REBELLION /
INSURRECTION
Inciting to rebellion distinguished from
proposal to commit rebellion
PROPOSAL TO
INCITING TO
COMMIT
REBELLION
REBELLION
In both crimes, the offender induces another to
commit rebellion
The person who It is not required that
proposes has decided the offender has
to commit rebellion. decided to commit
rebellion.
The person who The act of inciting is
proposes the done publicly.
execution of the crime
uses secret means.
NOTE: In both, the crime of rebellion should not
be actually committed by the persons to whom it
is proposed or who are incited. If they commit
rebellion because of the proposal or inciting, the
proponent or the one inciting may become a
principal by inducement in the crime of rebellion.
 ART. 139- SEDITION
ELEMENTS:
1. That the offenders rise
a) publicly and
b) tumultuously
2. That they employ force, intimidation, or
other means outside of legal methods
3. That the offenders employ any of those
means to attain any of the following
objects:
a) To prevent the promulgation or
execution of any law or the holding of
any popular election.
b) To prevent the government or any
public officer from freely exercising its
or his functions, or prevent the
execution of any Administrative Order.
c) To inflict any act of hate or revenge
upon the person or property of any
public officer/employee.
d) To commit, for any political or social
end, any act of hate or revenge
against private persons or any social
class.
e) To despoil, for any political or social
end, any person or the government of
all its property or any part thereof.

Tumultuous – if caused by more than three

ELEMENTS:
persons who are armed or provided with the
1. That the offender does not take up arms or
means of violence.
is not in open hostility against the
Government
Distinguish sedition from rebellion
2. That he incites others to the execution of
SEDITION REBELLION
any of the acts of rebellion
In both, there must be public uprising
3. That the inciting is done by means of
speeches, proclamations, writings, It is sufficient that the There must be taking
emblems, banners or other public uprising is up of arms against the
representations tending to the same end. tumultuous. Government.
 The purpose of the The purpose is always 2. They tend to instigate others to cabal and
offenders may be political. meet together for unlawful purposes
political or social. 3. They suggest or incite rebellious
conspiracies or riots
Sedition distinguished from treason 4. They lead or tend to stir up the people
SEDITION TREASON against the lawful authorities or disturb the
In its more general In its more general peace of the community, and the safety
sense, it is the raising sense, it is the and order of the Government.
of commotions or violation by a subject
disturbances in the of his allegiance to his RULES RELATIVE TO SEDITIOUS WORDS:
State. sovereign. 1. The clear and present danger rule

It is required that there must be

Public uprising and an object of sedition reasonable ground to believe that the
must concur. danger apprehended is imminent and
that the evil to be prevented is a
 ART. 140- PENALTY FOR SEDITION serious one. There must be the
probability of serious injury to the
PERSONS LIABLE: State.
1) The leader of the sedition 2. Dangerous tendency rule
2) Other persons participating in the sedition
There is inciting to sedition when the
words uttered or published could
 ART. 141- CONSPIRACY TO COMMIT easily produce disaffection among the
SEDITION people and a state of feeling in them
incompatible with a disposition to

Only Conspiracy to commit sedition is remain loyal to the Government and
punishable and not proposal to commit obedient to the laws. The dangerous
sedition. tendency rule is generally adopted in
the Philippines.

There must be an agreement both to attain
an object of sedition and to rise publicly and “Reasons why seditious utterances are
tumultuously. prohibited
If the State were compelled to wait until the
apprehended danger became certain, then its
 ART. 142- INCITING TO SEDITION right to protect itself would come into being
simultaneously with the overthrow of the
Punishable Acts: Government, when there would be neither
1. Inciting others to commit sedition by prosecuting officers nor courts for the
means of speeches, proclamations, enforcement of the law.”
writings, emblems
2. Uttering seditious words or speeches
which tend to disturb the public peace
Chapter Two: Crimes Against Popular
3. Writing, publishing, or circulating scurrilous
Representation (Arts. 143-145)
(meaning vulgar, mean, foul) libels against
the Government or any of its duly
constituted authorities. Section One – Crimes against legislative
bodies and similar bodies
ELEMENTS OF ACT # 1:
1. That the offender does not take direct part  ART.143- ACTS TENDING TO PREVENT
in the crime of sedition THE MEETING OF THE ASSEMBLY AND
2. That he incites others to the SIMILAR BODIES
accomplishment of any of the act which
constitute sedition ELEMENTS:
3. That the inciting is done by means of 1. That there be a projected meeting or
speeches, proclamations, writings, actual meeting of the National Assembly
emblems, cartoons, banners, or other or any of its committees or
representations tending to the same end. subcommittees, constitutional
commissions or committees or divisions,
ACTS # 2 & 3 PUNISHABLE: when - or of any provincial board or city or
1. They tend to disturb or obstruct any lawful municipal council or board
officer in executing the functions of his
office
2. That the offender, who may be any
person, prevents such meeting by force or
fraud
 ART. 144- DISTURBANCE OF
PROCEEDINGS
ELEMENTS:
1. That there be a meeting of Congress or
any of its committees or subcommittees,
constitutional commissions or committees,
or any provincial board or city or municipal
council or board
2. That the offender does any of the following
acts:
a) He disturbs any of such meetings.
b) He behaves while in the presence of
any such bodies in such a manner as
to interrupt its proceedings or to impair
the respect due it.

Disturbance created by a participant in the
meeting is not covered by Art. 144.
Section Two – Violation of parliamentary
immunity
 ART. 145 – VIOLATION OF
PARLIAMENTARY IMMUNITY
Punishable Acts:
1. Using force, intimidation, threats, or frauds
to prevent any member from (a) attending
the meetings of Congress or any of its
committees or subcommittees,
constitutional commissions or committees
or divisions thereof, or from (b) expressing
his opinions or (c) casting his vote.
ELEMENTS:
a) That the offender uses force,
intimidation, threats or fraud.
b) That the purpose of the offender is to
prevent any member of Congress
from--
i) Attending the meetings of the
Congress or any of its committees
or constitutional commissions,
etc.; or
ii) Expressing his opinions; or
iii) Casting his vote.
2. Arresting or searching any member while
Congress is in session, except in cases
where such member has committed a
crime punishable under the Code by a
penalty higher than prision mayor.
ELEMENTS:
a) That the offender is a public officer or
employee;
b) That he arrests or searches any
member of Congress;
c) That the Congress, at the time of
arrest or search, is in regular or
special session;
d) That the member arrested or searched
has not committed a crime punishable
under the Code by a penalty higher
than prision mayor.

Parliamentary immunity does not protect
members of the Congress from
responsibility before the legislative body
itself.

The 1987 Constitution exempts member of
Congress from arrest, while the Congress
is in session, for all offenses punishable by
a penalty less than prision mayor.
Chapter Three: Illegal Assemblies and
Associations (Arts. 146 & 147)
 ART. 146 ILLEGAL ASSEMBLIES
Forms of Illegal Assemblies:
1. Any meeting attended by armed persons
for the purpose of committing any of the
crimes punishable under the Code.
REQUISITES:
a) That there is a meeting, gathering or
group of persons, whether in a fixed
place or moving;
b) That the meeting is attended by armed
persons.
c) That the purpose of the meeting is to
commit any of the crimes punishable
under the Code.
2. Any meeting in which the audience,
whether armed or not, is incited to the
commission of the crime of treason,
rebellion or insurrection, sedition, or
assault upon a person in authority.
REQUISITES:
a) That there is a meeting, a gathering or
group of persons, whether in a fixed
place or moving.
b) That the audiences, whether armed or
not, is incited to the commission of the
 crime of treason, rebellion or It is necessary that It is not necessary that
insurrection, sedition or direct assault. there is an actual there is an actual
meeting or assembly meeting.
of armed persons for
PERSONS LIABLE IN ILLEGAL the purpose specified
ASSEMBLIES: in Art. 146.
1. The organizers or leaders of the meeting
2. Persons merely present at the meeting It is the meeting and It is the act of forming
attendance at such or organizing and
meeting that is membership in the

It is necessary that the audience is punished. association that is
actually incited. If in the meeting the punished.
audience is incited to the commission of
rebellion or sedition, the crimes committed The persons liable are: The persons liable are:
are ILLEGAL ASSEMBLY as regards the 1. the organizers or 1. the founders,
organizers or leaders or persons merely leaders of the directors and
present and INCITING TO REBELLION meetings, and president, and
2. the persons 2. the members.
OR SEDITION insofar as the one inciting present at the
them is concerned meeting.

PRESUMPTIONS: Chapter Four: Assault Upon, and

If any person carries an unlicensed firearm, it Resistance and Disobedience to, Persons
is presumed that: in Authority and their Agents (Arts. 148-
1. the purpose of the meeting insofar as he is 152)
concerned is to commit acts punishable
under the RPC, and  ART. 152- PERSONS IN AUTHORITY &
2. he is considered a leader or organizer of AGENTS OF PERSONS IN AUTHORITY
the meeting.

Not all the persons present at the meeting
of the first form of illegal assembly must be PUBLIC PERSON IN AGENT OF A
armed. OFFICER AUTHORITY PERSON IN
(PO) (PA) AUTHORITY
(APA)
Any Any person Any person who,
 ART. 147 ILLEGAL ASSOCIATIONS
person directly vested by direct
who takes with provision of law
PROHIBITED ASSOCIATIONS: part in the jurisdiction, or by election or
Association totally or partially organized for: performan whether as an by appointment
1. the purpose of committing any of the ce of individual or as by competent
public a member of authority, is
crimes punishable under the Code, or
functions some court or charged with the
2. some purpose contrary to public morals in the governmental maintenance of
governme corporation, public order and
Public morals – refers to matters which affect nt. board or the protection
the interest of society and public convenience commission. and security of
life and property.
and is not limited to good customs

PERSONS LIABLE:
1. Founders, directors, and president of the  ART. 148- DIRECT ASSAULT
association.
2. Members of the association. TWO WAYS TO COMMIT:
1. Without public uprising, by employing
force or intimidation for the attainment of
Illegal association distinguished from any of the purposes enumerated in
illegal assembly defining the crimes of sedition & rebellion
ILLEGAL ILLEGAL
ASSEMBLY ASSOCIATION ELEMENTS:
a) That the offender employs force or
intimidation.
b) That the aim of the offender is to attain
any of the purposes of the crime of
 rebellion or any of the objects of the
crime of sedition.
c) That there is no public uprising.

Offended party need not be a person
in authority or his agent, he may be a
private individual if the object is to attain
an object of sedition
2. Without public uprising, by attacking, by
employing force or seriously intimidating or
by seriously resisting any person in
authority (PA) or any of his agents (APA),
while engaged in the performance of
official duties, or on the occasion of such
performance.
ELEMENTS:
a) That the offender
i) Makes an attack,
ii) Employs force,
iii) Makes a serious intimidation, or
iv) Makes a serious resistance
b) That the person assaulted is a person
in authority or his agent.
c) That at the time of the assault the
person in authority or his agent
i) Is engaged in the actual
performance of official duties, or
ii) That he is assaulted by reason of
the past performance of his official
duties.
d) That the offender knows that the one
he is assaulting is a person in
authority or his agent in the exercise
of his duties.
e) That there is no public uprising.
Considered not in the actual performance
of official duties:
1. When the PA or APA exceeds his powers
or acts without authority
2. unnecessary use of force or violence
3. descended to matters which are private in
nature
TWO KINDS OF DIRECT ASSAULT OF THE
SECOND FORM:
1. Simple assault
2. Qualified assault
DIRECT ASSAULT IS QUALIFIED WHEN:
1. Committed with a weapon
2. Offender is a public officer or employee
3. Offender lays hands upon a person in
authority

“Knowledge of the accused that the victim
is a PA or APA is essential.”

An “attack” is any offensive or antagonistic
movement or action of any kind.

If the offended party is only an APA, force
employed must be of a serious character,
indicates determination to defy the law and
its representative. If the offended party is
PA, employed force need not be serious.

Teachers, professors, and persons in
charge with the supervision of public or
duly recognized private schools, colleges
and universities shall be deemed persons
in authority, in applying Arts. 148 and 151.

Evidence of motive of the offender is
important when the person in authority or
his agent who is attacked or seriously
intimidated is not in the actual
performance of his official duty.

When PA or APA descended to matters
which are private in nature, an attack by
one against the other is not direct assault.

Even when PA or APA agrees to fight, an
attack made by accused constitutes Direct
Assault, except when the attack is made in
lawful defense; the character of a person
in authority or agent is not laid off at will
but attaches to him until he ceases to be in
office.

The crime of slight physical injuries is
absorbed in direct assault.
 ART. 149- INDIRECT ASSAULT
ELEMENTS:
1. That a PA or an APA is the victim of any of
the forms of direct assault defined in Art.
148
2. That a person comes to the aid of the APA
3. That the offender makes use of force or
intimidation upon such person coming to
the aid of the APA.

Indirect assault can be committed only
when a direct assault is also committed.
  ART. 150- DISOBEDIENCE TO Direct assault distinguished from
SUMMONS ISSUED BY THE NAT’L resistance or serious disobedience
ASSEMBLY, ITS COMMITTEES OR DIRECT ASSAULT RESISTANCE
SUBCOMMITTEES, BY THE The PA or APA must Only in actual
CONSTITUTIONAL COMMISSION, ITS be engaged in the performance of duties.
COMMITTEES, SUBCOMMITTEES OR performance of official
DIVISIONS duties or that he is
assaulted by reason
thereof.
PUNISHABLE ACTS:
There is force Use of force is not so
1. Refusing, without legal excuse, to obey employed. serious.
summons of Congress, or any commission
or committee chairman or member
authorized to summon witnesses;
2. Refusing to be sworn or placed under Chapter Five: Public Disorder (ARTS. 153-
affirmation while before such legislative or 156)
constitutional body or official;
3. Refusing to answer any legal inquiry or to  ART. 153- TUMULTS & OTHER
produce any books, papers, documents, or DISTURBANCES OF PUBLIC ORDER
records in his possession, when required
by them to do so in the exercise of their PUNISHABLE ACTS:
functions; 1. Causing any serious disturbance in a
4. Restraining another from attending as a public place, office or establishment.
witness in such legislative or constitutional 2. Interrupting or disturbing public
body; performances, functions or gatherings, or
5. Inducing disobedience to summons or peaceful meetings, if the act is not
refusal to be sworn by any such body or included in Arts. 131-132.
official. 3. Making an outcry tending to incite rebellion
or sedition in any meeting, association or

The testimony of a person summoned public place
must be upon matters into which the 4. Displaying placards or emblems which
legislature has jurisdiction to inquire. provoke a disturbance of public order in
such place
5. Burying with pomp the body of a person
 ART. 151- RESISTANCE & who has been legally executed
DISOBEDIENCE TO A PERSON IN
AUTHORITY OR THE AGENTS OF SUCH
Serious disturbance must be planned or
PERSON intended

ELEMENTS OF RESISTANCE & SERIOUS Outcry – to shout spontaneously subversive

DISOBEDIENCE: or provocative words tending to stir up the
1. That a person in authority or his agent is people so as to obtain by means of force or
engaged in the performance of official duty violence any of the objects of rebellion or
or gives a lawful order to the offender sedition
2. That the offender resists or seriously
disobeys such person in authority or his Burying with pomp the body of a person –
agent ostentatious display of a burial
3. That the act of the offender is not included
in the provisions of Arts. 148-150 Inciting to sedition or rebellion
distinguished from public disorder
ELEMENTS OF SIMPLE DISOBEDIENCE: INCITING TO
1. That an APA is engaged in the PUBLIC
SEDITION OR
performance of official duty or gives a DISORDER
REBELLION
lawful order to the offender;
2. That the offender disobeys such APA;
3. That such disobedience is not of a serious
nature.

The accused must have knowledge that

the person giving the order is a peace
officer.
 The outcry or The outcry is more or 3. Disturbing the public peace while
displaying of emblems less unconscious wandering about at night or while engaged
or placards should outburst which, in any other nocturnal amusements
have been done with although rebellious or 4. Causing any disturbance or scandal in
the idea aforethought seditious in nature, is
public places while intoxicated or
of inducing his hearers not intentionally
or readers to commit calculated to induce otherwise, provided Art. 153 is not
the crime of rebellion others to commit applicable
or sedition. rebellion or sedition.

If the disturbance is of a serious nature,
the case will fall under Art. 153

The penalty next higher in degree shall be
imposed upon persons causing any Charivari - includes a medley of discordant
disturbance or interruption of a tumultuous voices, a mock serenade of discordant noises
character. made on kettles, tin, horns, etc. designed to
annoy or insult
 ART. 154- UNLAWFUL USE OF MEANS
The reason for punishing instigating or
OF PUBLICATION & UNLAWFUL taking active part in charivari and other
UTTERANCES disorderly meeting is to prevent more
serious disorders.
PUNISHABLE ACTS:
1. Publishing or causing to be published as
news any false news which may endanger  ART. 156- DELIVERING PRISONERS
the public order, or cause damage to the FROM JAIL
interest or credit of the State
2. Encouraging disobedience to the law or to ELEMENTS:
the constituted authorities or by praising, 1. That there is a person confined in a jail or
justifying or extolling any act punished by penal establishment
law, by the same means or by words, 2. That the offender removes such person, or
utterances or speeches helps the escape of such person
3. Maliciously publishing or causing to be
published any official resolution or Committed in two ways:
document without authority, or before they 1. by removing a prisoner confined in jail or
have been published officially penal institution – to take away a person
4. Printing, publishing or distributing (or from confinement with or without the active
causing the same) books, pamphlets, participation of the person released
periodicals, or leaflets which do not bear 2. by helping said person to escape – furnish
the real printer’s name, or which are material means to facilitate escape
classified as anonymous

The prisoner may be a detention prisoner

The offender must know that the news is or one sentenced by virtue of a final
false, to be liable. judgment.

R.A. No. 248 prohibits the reprinting,
If the prisoner was confined in a hospital
reproduction or republication of when he was assisted in escaping
government publications and official constitutes a violation of Art. 156 because
documents without previous authority. the hospital may be considered as an
extension of the jail.
 ART. 155- ALARMS & SCANDALS
If the offender is a public officer who is
actually and presently in custody or charge
PUNISHABLE ACTS: of the prisoner, (e.g. a guard on duty) he is
1. Discharging any firearm, rocket, liable for infidelity in the custody of a
firecracker, or other explosive within any prisoner.
town or public place, calculated to cause
alarm or danger (should not be aimed at a
But if the crime committed by the prisoner
person otherwise illegal discharge of for which he is confined or serving
firearm under Art. 254) sentence is treason, murder, or parricide,
2. Instigating or taking an active part in any the act of taking the place of the prisoner
charivari or other disorderly meeting in prison is that of an accessory under Art.
offensive to another or prejudicial to public 19, par. 3
tranquility
Chapter Six: Evasion of Service of
Sentence (Arts. 157-159)
 ART.157- EVASION OF SERVICE
OF SENTENCE
ELEMENTS:
1. That the offender is a convict by final
judgment
2. That he is serving his sentence, which
consists in deprivation of liberty
3. That he evades the service of his
sentence by escaping during the term of
his sentence.
CIRCUMSTANCES QUALIFYING THE
OFFENSE:
1. By means of unlawful entry (this should be
“by scaling”)
2. By breaking doors, windows, gates, walls,
roofs or floors
3. By using picklocks, false keys, disguise,
deceit, violence, or intimidation
4. Through connivance with other convicts or
employees of the penal institution.

Minor delinquents who escape
confinement are not liable for evasion of
service of sentence.

Art. 157 is applicable to sentence by
destierro.
 ART. 158- EVASION OF SENTENCE
ON THE OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES,
OR OTHER CALAMITIES
ELEMENTS:
1. That the offender is a convict by final
judgment, and is confined in a penal
institution
2. That there is disorder, resulting from:
a) Conflagration
b) Earthquake
Chapter Seven: Commission of Another
Crime During Service of Penalty Imposed
for Another Previous Offense
 ART. 160- COMMISSION OF ANOTHER
CRIME DURING THE SERVICE OF
PENALTY IMPOSED FOR ANOTHER
PREVIOUS OFFENSE (Quasi-Recidivism)
ELEMENTS OF QUASI-RECIDIVISM:
1. That the offender was already convicted
by final judgment
2. That he committed a new felony before
beginning to serve such sentence or while
serving the same
c) Explosion
d) similar catastrophe
e) mutiny in which he has not
participated
3. That the offender leaves the penal
institution where he is confined, on the
occasion of such disorder or during the
mutiny
4. That the offender fails to give himself up to
the authorities within 48 hrs. following the
issuance of a proclamation by the Chief
Executive announcing the passing away of
such calamity.

If the offender fails to give himself up, he
gets an increased penalty; if the offender
gives himself up, he is entitled to a
deduction of 1/5 of his sentence.
 ART. 159 – OTHER CASES
OF EVASION OF SENTENCE
(CONDITIONAL PARDON)
ELEMENTS:
1. That the offender was a convict.
2. That he was granted a conditional pardon
by the Chief Executive.
3. That he violated any of the conditions of
such pardon.

Violation of conditional pardon is a distinct
crime.

Offender can be arrested and
reincarcerated without trial – in
accordance with Sec. 64(I) of the Revised
Administrative Code.

The condition imposed upon the prisoner
that he should not commit another crime,
extends to offenses punishable by special
laws.
WHO CAN BE PARDONED:
1. At the age of 70, if he shall have already
served out his original sentence (and not a
habitual criminal) or
2. When he shall have completed it after
reaching the said age, unless by reason of
his conduct or other circumstances he
shall not be worthy of such clemency.

In reiteracion, the offender against whom it
is considered shall already have served
out his sentence for the prior offenses.

Quasi-recidivism is a special aggravating
circumstance which cannot be offset by
ordinary mitigating circumstances.

First crime for which the offender is
serving sentence need not be a felony; but
the second crime must be a felony.
TITLE IV: CRIMES AGAINST PUBLIC
INTEREST
Chapter One: Forgeries
Section 1- Forging the Seal of the
Government of the Philippine Islands, the
signature or stamp of the Chief Executive
 ART. 161 – COUNTERFEITING SEAL
OF GOVERNMENT, SIGNATURE AND
STAMP OF PRESIDENT
Acts punished:
1. Forging the Great Seal of the Government
of the Philippines.
2. Forging the signature of the President
3. Forging the stamp of the President

If the signature of the president is forged, it
is not falsification of public document
 ART. 162- USE OF FORGED
SIGNATURE, COUNTERFEIT SEAL
OR STAMP
ELEMENTS:
1. that the seal of the Republic was
counterfeited, or signature or stamp forged
by another person.
2. that the offender knew of the counterfeiting
or forgery
3. that he used the counterfeit seal or forged
signature or stamp

The offender must not be the forger
otherwise the crime committed is forgery
under Art. 161.

In using the forged signature or stamp of
the President or forged seal, the
participation of the offender is in effect that
of an accessory. Although the general rule
is that he should be punished by a penalty
two (2) degrees lower, under Article 162
he is punished by a penalty only one
degree lower.
Section Two - Counterfeiting Coins
 ART. 163 – MAKING AND IMPORTING
AND UTTERING FALSE COINS
ELEMENTS:
1. that there be false or counterfeited coins
2. that the offender either made, imported or
uttered such coins
3. that in case of uttering such false or
counterfeited coins, he connived with the
counterfeiters or importers
“COUNTERFEITING” - means the imitation of
a legal or genuine coin.
“UTTERING” - to pass counterfeited coins
KINDS OF COINS THE COUNTERFEITING
OF WHICH IS PUNISHED:
1. Silver coins of the Philippines or coin of
the Central Bank
2. Coin of the minor coinage of the
Philippines or the Central Bank
3. Coin of the currency of a foreign country

Former coins withdrawn from circulation
maybe counterfeited.

Par 1 and 2 of Article 163 mention “coin”
without qualifying word.

As regard par 3, the used of the word
“currency” is not correct because the
Spanish text uses the word “moneda”
which embraces not only those that are
legal tender but also those out of
circulation.
 ART. 164 - MUTILATION OF COINS-
IMPORTATION AND UTTERANCE
OF MUTILATED COINS
Acts Punished:
1. Mutilating coins of the legal currency, with
the further requirement that there be intent
to damage or to defraud another
2. Importing or uttering such mutilated coins,
with the further requirement that there
must be connivance with the mutilator or
importer in case of uttering
“MUTILATION”- to take off part of the metal
either by filing it or substituting it for another
metal of inferior quality.

The coin must be of legal tender in
mutilation
  ART. 165 - SELLING OF FALSE OR
MUTILATED COIN, WITHOUT
CONNIVANCE
Acts Punished:
1. Possession of coin, counterfeited or
mutilated by another with intent to utter the
same knowing that it is false or mutilated
2. Actually uttering false or mutilated coin,
knowing it to be false or mutilated

Does not require that false coin is legal
tender
Section Three - Forging treasury or bank
notes, obligations and securities;
importing and uttering false or forged
notes, obligations and securities
 ART. 166 - FORGING TREASURY OR
BANK NOTES OR OTHER DOCUMENTS
AND UTTERING THE SAME
Acts Penalized:
1. Forging or falsification of treasury or bank
notes or other documents payable to
bearer
2. Importation of the same
3. Uttering the same in connivance with
forgers or importers
 ART. 167 - COUNTERFEITING,
IMPORTING AND UTTERING INSTRUMENT
NOT PAYABLE TO BEARER
ELEMENTS:
1. That there be an instrument payable to
order or other document of credit not
payable to bearer
2. That the offender either forged, imported
or uttered such instrument
3. That in case of uttering he connived with
the importer or forger
 ART. 168 - ILLEGAL POSSESSION AND
USE OF FALSE TREASURY OR BANK
NOTES AND OTHER INSTRUMENTS
OF CREDIT
ELEMENTS:
1. That the treasury or bank note or
certificate or other obligation and
certificate payable to bearer or any
instrument payable to order or other
document of credit not payable to bearer is
forged or falsified by another.
2. The offender knows that any of these
instrument is forged or falsified
3. That he performs any of these acts:
a) Using any of such forged or falsified
instruments
b) Possession with intent to use, any of
the forged or falsified documents
 ART. 169 - HOW FORGERY IS
COMMMITTED
How Committed:
1. By giving to treasury or bank note or any
instrument payable to bearer or to order
the appearance of a true and genuine
document.
2. By erasing, substituting, or altering by any
means the figures, letters, words or
signatures contained therein

Includes falsification and counterfeiting
Sec. 4 - Falsification of legislative, public,
commercial and private documents and
wireless, telegraph and telephone
messages
 ART. 170 - FALSIFICATION OF
LEGISLATIVE DOCUMENT
ELEMENTS:
1. That there be a bill, resolution or
ordinance enacted by or approved or
pending approval by either House of the
Legislative or any provincial board or
municipal council
2. The offender alters the same
3. That alteration changed the meaning of
the document
 ART. 171 - FALSIFICATION BY PUBLIC
OFFICER, EMPLOYEE OR NOTARY OR
ECCLESIASTICAL MINISTER
ELEMENTS:
1. That the offender is a public officer,
employee or notary public or ecclesiastical
minister.
2. That he takes advantage of his official
position
When:
a) He has the duty to make or prepare or
otherwise to intervene in the
preparation of the document
 b) He has the official custody of the
document which he falsifies

If he did not take advantage of his
official position, he would be guilty of
falsification of public document by a
private individual.
3. The offender falsifies a document.
DOCUMENT- any written statement by which
a right is established or an obligation
extinguished or by which a fact may be proven
or affirmed
DIFFERENT MODES OF FALSIFYING A
DOCUMENT:
A. COUNTERFEITING OR IMITATING ANY
HANDWRITING, SIGNATURE OR
RUBRIC
REQUISITES:
1. That there be an intent to imitate or an
attempt to imitate
2. The two signature or handwriting, the
genuine and the forged bear some
resemblance to each other
B. CAUSING IT TO APPEAR THAT
PERSONS HAVE PARTICIPATED IN AN
ACT OR PROCEEDING
REQUISITES:
1. that the offender caused it to appear in a
document that a person or persons
participated in an act or proceeding
2. that such persons did not in fact so
participate in the action proceeding
C. ATTRIBUTING TO PERSONS WHO
HAVE PARTICIPATED IN ANY ACT OR
PROCEEDING STATEMENTS OTHER
THAN THOSE IN FACT MADE BY THEM
REQUISITES:
1. that persons participated in an act or
proceeding
2. that such person or persons made
statements in that act or proceeding
3. that the offender in making a document,
attributed to such person, statements
other than those in fact made by such
person.
D. MAKING UNTRUTHFUL STATEMENTS
IN A NARRATION OF FACTS
REQUISITES:
1. That the offender makes in a document
statements in a narration of facts
2. That he has the legal obligation to disclose
the truth of the facts narrated by him
3. That the facts narrated by the offender are
absolutely false
4. That the perversion of truth in the narration
of facts was made with the wrongful intent
of injuring a third person
E. ALTERING TRUE DATES

Date must be essential.

The alteration of the date or dates in a
document must affect either the veracity of
the document or the effects thereof.

Alteration of dates in official receipts to
prevent discovery of malversation is
falsification
F. MAKING ALTERATION OR
INTERCALATION IN GENUINE
DOCUMENT WHICH CHANGSE ITS
MEANING
REQUISITES:
1. That there be an alteration or intercalation
(insertion) on a document
2. That it was made on a genuine document
3. That the alteration and intercalation has
changed the meaning of the document
4. That the change made the document
speak something false
G. ISSUING IN AN AUTHENTICATED FORM
A DOCUMENT PURPORTING TO BE A
COPY OF AN ORIGINAL DOCUMENT
WHEN NO SUCH ORIGINAL EXIST OR
INCLUDING IN SUCH A COPY A
STATEMENT CONTRARY TO OR
DIFFERENT FROM THAT OF THE
GENUINE ORIGINAL

CANNOT be committed by a private
individual or by a notary or public officer
who DOES NOT take advantage of his
official position.

Intent to gain or prejudice is not necessary
H. INTERCALATING ANY INSTRUMENT OR
NOTE RELATIVE TO THE ISSUANCE IN
A PROTOCOL, REGISTRY OR OFFICIAL
BOOK
 ART. 172 - FALSIFICATION BY PRIVATE
INDIVIDUALS AND USE OF FALSIFIED
DOCUMENTS
Acts Punished: DOCUMENT
1. Falsification of public, official or When committed as a Even when committed
commercial document by a private necessary means to as a necessary means
individual commit estafa, complex to commit estafa, the
ELEMENTS: crime is committed crime is either estafa or
falsification only,
a) The offender is a private individual or
because in this type of
a public officer or employee who did falsification, an act
not take advantage of his official independent of
position falsification is required
b) That he committed any of the acts of to show intent to
falsification enumerated in Art.171 defraud
c) That the falsification was committed in
a public or official or commercial
document FALSIFICATION BY PRIVATE INDIVIDUAL
VS. FALSIFICATION OF PUBLIC OFFICER
2. Falsification of private document by any Art. 172 Art. 171
person
ELEMENTS: The prejudice to a third Prejudice to third
a) That the offender committed any of party is taken into person is immaterial;
account so that if what is punished is the
the acts of falsification except those in damage is not violation of public faith
par. 7, enumerated in Art.171. apparent, or at least if and the perversion of
b) That the falsification was committed in with no intent to cause truth
a private document. it, the falsification is
c) That the falsification caused damage not punishable
to a third party or at least the
falsification was committed with the
intent to cause damage
 ART. 173 - FALSIFICATION OF
WIRELESS, CABLE, TELEGRAPH AND
2. Use of falsified documents
TELEPHONE MESSAGES AND USE OF
ELEMENTS:
SAID FALSIFIED MESSAGES
Introducing in a judicial proceeding-
a) that the offender knew that the
Acts Punished:
document was falsified by another
1. Uttering fictitious wireless, telegraph, or
person
telephone messages
b) that the false document was
2. Falsifying wireless, telegraph or telephone
embraced in Art. 171 or in any
messages
subdivisions No.1 or 2 of art. 172
3. Using such falsified messages
c) that he introduced said document in
evidence in any judicial proceeding

With respect to Nos. 1 and 2, the offender
is an officer or employee of the

no damage is required
government, or an officer or employee of a
private corporation, engaged in the service
Use in any other transaction-
of sending or receiving wireless, cable or
a) That the offender knew that the
telephone message.
document was falsified by another
person

With respect to No. 3, the offender may
b) that the false document was
not be connected to the government or to
embraced in Art. 171 or in any of
such corporation.
subdivision No. 1 or 2 of Art. 172
c) that he used such document (not in
judicial proceeding)
Section Five – Falsification of medical
d) that the use of the false document
certificates, certificates of merit or service
caused damage to another or at least
and the like
it was used with intent to cause
damage

FALSIFICATION AS A MEANS TO COMMIT

ESTAFA
FALSIFICATION OF FALSIFICATION OF
PUBLIC/OFFICIAL PRIVATE
OR COMMERCIAL DOCUMENT
  ART. 174 - FALSE MEDICAL
CERTIFICATES, FALSE CERTIFICATE
OF MERIT OR SERVICE
PERSONS LIABLE:
1. physician or surgeon who, in connection
with the practice of profession issued a
false certificate
2. public officer who issued a false certificate
of merit or service, good conduct or similar
circumstances
3. private individual who falsified a certificate
falling in the classes mentioned in Nos. 1
and 2
 ART. 175 - USING FALSE CERTIFICATES
ELEMENTS:
1. that a false certificate mentioned in the
preceding article was issued
2. that the offender knew that the certificate
was false
3. that he used the same
Section Six – Manufacturing, importing and
possession of instruments or implements
intended for the commission of falsification
 ART. 176 - MANUFACTURING AND
POSSESSION OF INSTRUMENTS AND
IMPLEMENTS FOR FALSIFICATION
Acts Punished:
1. Making or introducing into the Philippines
any stamps, dies, marks, or other
instruments or implements for
counterfeiting
2. Possession with intent to use the
instruments or implements for
counterfeiting or falsification made in or
introduced into the Philippines by another
person
Chapter Two: Other Falsities (Arts. 177-
184)
Section One – Usurpation of authority,
rank, title, and improper use of names,
uniforms and insignia
 ART. 177 - USURPATION OF AUTHORITY
OR OFICIAL FUNCTIONS
HOW COMMITTED:
1. By misrepresenting oneself to be an
officer, agent or representative of the
government, whether local, national or
foreign
2. By performing any act pertaining to a
person in authority or public officer of the
government under the pretense of official
position and without authority

May be violated by a public officer.

Does not apply to occupant under color of
title.

Republic Act No. 75 provides penalty for
usurping authority of diplomatic, consular
or other official of a foreign government.
 ART. 178 - USING FICTITIOUS NAME
AND CONCEALING TRUE NAME
ELEMENTS: (using fictitious name)
1. That the offender uses a name other than
his real name
2. That he uses that fictitious name publicly
3. That the purpose of the offender is-
a) To conceal a crime
b) To evade the execution of a judgment
c) To cause damage to public interest
ELEMENTS: (Concealing true name)
1. That the offender conceals-
a) his true name,
b) all other personal circumstances
2. That the purpose is only to conceal his
identity

CA 142 punishes illegal use of alias.
 ART. 179 - ILLEGAL USE OF UNIFORM
OR INSIGNIA
ELEMENTS:
1. That the offender make use of insignia,
uniform or dress
2. That the insignia, uniform or dress pertains
to an office not held by the offender or to a
class of person of which he is not a
member
3. That said insignia, uniform or dress is
used publicly and improperly

Republic Act No. 493 punishes the
wearing of insignia, badge or emblem of
rank of the members of the Armed Forces
of the Philippines or Constabulary.
Section Two - False Testimony
FALSE TESTIMONY- is committed by any
person who, being under oath, and required to
testify as to the truth of a certain matter at a
hearing before a competent authority, shall
deny the truth or say something contrary to it.
 ART. 180 - FALSE TESTIMONY
AGAINST A DEFENDANT
ELEMENTS:
1. That there be a criminal proceeding
2. That the offender testifies falsely under
oath against the defendant therein
3. That the defendant who gives false
testimony knows that it is false
4. That the defendant against whom the false
testimony is given is either acquitted or
convicted in a final judgment

Defendant must be sentenced to at least a
correctional; penalty or a fine, or must be
acquitted.

The offender is liable even if his testimony
was not considered by court. The law
intends to punish the mere giving of false
testimony.
 ART.181 - FALSE TESTIMONY
FAVORABLE TO THE DEFENDANT

Conviction or acquittal of defendant in
principal case is not necessary
 ART. 182 - FALSE TESTIMONY IN
CIVIL CASES
ELEMENTS:
1. That the testimony must be given in a civil
case
2. That the testimony must relate to the
issues presented in said case
3. That the testimony must be false
4. That the false testimony must be given by
the defendant knowing it to be false
5. That the testimony must be malicious and
given with an intent to affect the issues
presented in said case.
 ART. 183 - PERJURY
Two ways of committing perjury:
1. By falsely testifying under oath
2. By making a false affidavit
ELEMENTS:
1. That the accused made a statement under
oath or executed an affidavit upon a
material matter
2. That the statement or affidavit was made
before a competent officer authorized to
receive and administer oath
3. That in that statement or affidavit, the
accused made a willful and deliberate
assertion of a falsehood
4. That the sworn statement or affidavit
containing the falsity is required by law
 ART.184 - OFFERING FALSE
TESTIMONY IN EVIDENCE
ELEMENTS:
1. That the offender offered in evidence a
false witness or testimony
2. That he knew the witness or testimony
was false
3. That the offer was made in a judicial or
official proceeding
Chapter Three: Frauds (Arts. 185-189)
 ART. 185 - MACHINATIONS IN
PUBLIC AUCTIONS
Acts Punishable:
1. Soliciting any gift or promise as a
consideration for refraining from taking
part in the public auction
2. Attempting to cause bidders to stay away
from an auction by threats, gifts, promises
or any artifice

There should be an intention to reduce the
price
 ART. 186 - MONOPOLIES AND
COMBINATIONS IN RESTRAINT OF TRADE
Acts Punishable:
1. Combination or conspiracy to prevent free
competition in market
2. Monopoly to restrain free competition in
market
3. Making transactions prejudicial to lawful
commerce or to increase the market price
of merchandise

If the offense affects any food substance
or other particles of prime necessity, it is
sufficient that initial steps are taken.
 ART. 187 - IMPORTATION AND
DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF
GOLD, SILVER OR OTHER PRECIOUS
METALS OR THEIR ALLOYS

ELEMENTS:
1. That the offender imports, sells or
disposes any of those articles
2. That the stamps, brands or marks of those
articles or merchandise fail to indicate the
actual fineness or quality of said metal or
alloy
3. That the offender knows that the stamps,
brands, or marks fail to indicate the actual
fineness or quality of said metal or alloy
NOTE: Arts. 188 and 189 have been repealed
by the Intellectual Property Code.
RA 455- LAW ON SMUGGLING
Acts Punishable:
1. That the merchandise must have been
fraudulently or knowingly imported
contrary to law
2. That the defendant if he is not the importer
himself, must have received, concealed,
bought, sold or in any manner facilitated
the transportation, concealment, or sale of
the merchandise and that he must be
shown to have knowledge that the
merchandise had been illegally imported.
TITLE FIVE: CRIMES RELATED TO OPIUM
AND OTHER PROHIBITED DRUGS
REPUBLIC ACT NO. 9165
COMPREHENSIVE DANGEROUS DRUGS
ACT OF 2002
(Repealing RA No. 6425, otherwise known as
the Dangerous Drugs Act of 1972)
Declaration of Policy (Sec. 2)
1. It is the policy of the State to safeguard the
integrity of its territory and the well-being
of its citizenry particularly the youth, from
the harmful effects of dangerous drugs on
their physical and mental well-being and to
defend the same against acts or omissions
detrimental to their development and
preservation.
2. To provide effective mechanisms or
measures to re-integrate into society
individuals who have fallen victims to drug
abuse or dangerous drug dependence
through sustainable programs of treatment
and rehabilitation.
Controlled Precursors and Essential
Chemicals – include those listed in Tables I
and II of the 1988 UN Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic
Substances.
Dangerous Drugs – include those listed in the
Schedules annexed to the 1961 Single
Convention on Narcotic Drugs, as amended by
the 1972 Protocol, and in the Schedules
annexed to the 1971 Single Convention on
Psychotropic Substances.
UNLAWFUL ACTS AND PENALTIES
(ART. II)
Dangerous Drugs
1. Importation

MAXIMUM PENALTY is imposed
upon any person who:
a) without being authorized, shall
import or bring into the Philippines
dangerous drugs through the use
of diplomatic passport, diplomatic
facilities or any other means
involving his/her official status
intended to facilitate the unlawful
entry of the same. In addition, the
diplomatic passport shall be
confiscated and cancelled.
b) Organizes, manages or acts as
“financier” of any of the illegal
activities prescribed herein

any person who acts as a
"protector/coddler" of any violator is
also liable.

A Financier is any person who pays
for, raises or supplies money for or
underwrites any of the illegal activities
proscribed under RA 9165.

A Protector/Coddler is any person who
knowingly or willfully consents to
unlawful act provided for in this Act
and uses his/her influence, power or
position in shielding, harboring,
screening or facilitating the escape of
any person he or she knows or has
reasonable ground to believe or
suspects has violated the provisions of
this Act in order to prevent the arrest,
prosecution and conviction of the
violator.
2. Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation

MAXIMUM PENALTY is imposed:
a) If the sale, trading, etc. transpires
within one hundred (100) meters
from the school.
 b) For drug pushers who use minors
or mentally incapacitated
individuals as runners, couriers
and messengers, or in any other
capacity directly connected to the
trade.
c) If the victim of the offense is a
minor or a mentally incapacitated
individual, or should a dangerous
drug involved in any offense
herein provided be the proximate
cause of death of a victim thereof.
d) Upon any organizer, manager or
“financier” of any of the illegal
activities prescribed herein

any person who acts as a
"protector/coddler" of any violator is
also liable.

Persons who act as “broker” in any of
such transaction are also criminally
liable.

The consummation of the crime of illegal
sale of drugs may be sufficiently
established even in the absence of an
exchange of money. The payment could
precede or follow delivery of the drug sold.
In a "buy-bust" operation, what is
important is the fact that the poseur-buyer
received the shabu from the offender and
that the same was presented as evidence
in Court. (People vs. Yang, G.R. No.
148077, February 16, 2004)

Without evidence that the accused handed
over the shabu to the poseur buyer, he
may not be convicted of consummated
sale of shabu. However, where the
accused intended to sell shabu and
commenced by overt acts the commission
of the intended crime by showing the
substance to the poseur-buyer, he will be
guilty of the crime of attempted sale of
shabu. (People vs. Adam, G.R. No.
143842, October 13, 2003)
3. Maintenance of a Den, Dive or Resort

MAXIMUM PENALTY shall be
imposed:
a) Where any dangerous drug is
administered, delivered or sold to
a minor who is allowed to use the
same in such place.
b) Should any dangerous drug be the
proximate cause of the death of a
person using the same in such
den, dive or resort.
c) Upon any organizer, manager or
“financier” of any of the illegal
activities prescribed herein

any person who acts as a
"protector/coddler" of any violator is
also liable.

If such den, dive or resort is owned by
a third person, the same shall be
confiscated and escheated in favor of
the government.
4. Employment at or visiting a Den, Dive or
Resort, provided that the employee or
visitor is aware of the nature of the place
as such.
5. Manufacture of Dangerous Drugs

PRESUMPTION: The presence of any
controlled precursor and essential
chemical or laboratory equipment in
the clandestine laboratory is a prima
facie proof of manufacture of any
dangerous drug.

AGGRAVATING IF is undertaken or
established under the following
circumstances:
a) Any phase of the manufacturing
process was conducted in the
presence or with the help of
minor/s:
b) Any phase or manufacturing
process was established or
undertaken within one hundred
(100) meters of a residential,
business, church or school
premises;
c) Any clandestine laboratory was
secured or protected with booby
traps;
d) Any clandestine laboratory was
concealed with legitimate
business operations; or
e) Any employment of a practitioner,
chemical engineer, public official
or foreigner.

MAXIMUM PENALTY is imposed
upon any organizer, manager or
“financier” of any of the illegal
activities prescribed herein

any person who acts as a
"protector/coddler" of any violator is
also liable.
6. Manufacture or Delivery of Equipment,
Instrument, Apparatus and Other
Paraphernalia

MAXIMUM PENALTY is imposed
upon any person who uses a minor or
a mentally incapacitated individual to
deliver such equipment, instrument,
etc.
7. Possession of Dangerous Drugs
8. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia

PRESUMPTION: The possession of
such equipment, instrument, etc. shall
be prima facie evidence that the
possessor has smoked, consumed,
administered to himself/herself,
injected, ingested or used a prescription for any dangerous drug
dangerous drug.
9. Possession of Dangerous Drugs During
Parties, Social Gatherings and Meetings,
or in the proximate company of at least 2
persons

maximum penalties shall be imposed,
regardless of the quantity and purity of
such dangerous drugs
10. Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia
During Parties, Social Gatherings or
Meetings
11. Use of Dangerous Drugs
12. Cultivation or Culture of Plants Classified
as Dangerous Drugs or are Sources
thereof.

MAXIMUM PENALTY shall be
imposed upon the offender if the land
involved is part of the public domain.

If the land used is private land, the
same shall be confiscated and
escheated in favor of the State, unless
the owner thereof can prove lack of
knowledge despite the exercise of due
diligence on his part.

MAXIMUM PENALTY is imposed
upon any organizer, manager or
“financier” of any of the illegal
activities prescribed herein

any person who acts as a
"protector/coddler" of any violator is
also liable.
13. Failure to maintain or keep original records
of transactions on dangerous drugs

Imposed upon any practitioner,
manufacturer, wholesaler, importer,
distributor, dealer or retailer

An additional penalty shall be imposed
through the revocation of the license
to practice his /her profession, in case
of a practitioner, or of the business, in
case of a manufacturer, seller,
importer, etc.
14. Unnecessary Prescription of Dangerous
Drugs

prescribing any dangerous drug to any
person whose physical or
physiological condition does not
require the use or in the dosage
prescribed
15. Unlawful Prescription of Dangerous Drugs

making or issuing a prescription or any
other writing purporting to be a
16. Misappropriation, misapplication or failure
to account for confiscated, seized or
surrendered dangerous drugs, plant
sources of dangerous drugs, instruments,
paraphernalia etc. including the proceeds
or properties obtained from the unlawful
act committed

Applies to public officer or employee
17. Benefiting from the proceeds of trafficking
of dangerous drugs

Applies only to public officials (elective
local or national)
18. Receiving financial or material
contributions or donations from persons
found guilty of trafficking of dangerous
drugs

Applies only to public officials (elective
local or national)
19. Planting dangerous drugs as evidence
20. Consenting to or knowingly tolerating any
violation of this Act

Applies only to officers of juridical
entities, in which case they shall be
liable as co-principals
21. Consenting to or knowingly tolerating or
authorizing the use of a vehicle, vessel,
aircraft, equipment or other facility, as an
instrument in the importation, sale, trading,
administration, dispensation, delivery,
distribution, transportation or manufacture
of dangerous drugs if the same is owned
by or under the control or supervision of
the juridical entity
22. Violating any rule or regulation issued by
the Dangerous Drugs Board pursuant to
this Act
23. Issuance of false or fraudulent dangerous
drugs test results
24. Violation of the confidentiality rule on
records of drug dependents under the
voluntary submission program
25. Failure or refusal to appear as a witness
for any violation of this Act
26. Delay and bungling in the prosecution of
drug-related cases
Controlled Precursors and Essential
Chemicals
1. Importation

MAXIMUM PENALTY is imposed
upon any person who:
a) without being authorized, shall
import or bring into the Philippines
dangerous drugs through the use
of diplomatic passport, diplomatic
facilities or any other means
involving his/her official status
intended to facilitate the unlawful
entry of the same. In addition, the
diplomatic passport shall be
confiscated and cancelled.
b) Organizes, manages or acts as
“financier” of any of the illegal
activities prescribed herein

any person who acts as a
"protector/coddler" of any violator is
also liable.
2. Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation

MAXIMUM PENALTY is imposed:
e) If the sale, trading, etc. transpires
within one hundred (100) meters
from the school.
f) For drug pushers who use minors
or mentally incapacitated
individuals as runners, couriers
and messengers, or in any other
capacity directly connected to the
trade.
g) If the victim of the offense is a
minor or a mentally incapacitated
individual, or should a dangerous
drug involved in any offense
herein provided be the proximate
cause of death of a victim thereof.
h) Upon any organizer, manager or
“financier” of any of the illegal
activities prescribed herein

any person who acts as a
"protector/coddler" of any violator is
also liable.

Persons who act as “broker” in any of
such transaction are also criminally
liable.
3. Maintenance of a Den, Dive or Resort

any person who acts as a
"protector/coddler" of any violator is
also liable.

If such den, dive or resort is owned by
a third person, the same shall be
confiscated and escheated in favor of
the government.
4. Employment at or visiting a Den, Dive or
Resort, provided that the employee or
visitor is aware of the nature of the place
as such.
5. Manufacture of Controlled Precursors and
Essential Chemicals
6. Illegal Chemical Diversion of Controlled
Precursors and Essential Chemicals
7. Manufacture or Delivery of Equipment,
Instrument, Apparatus and Other
Paraphernalia

MAXIMUM PENALTY is imposed
upon any person who uses a minor or
a mentally incapacitated individual to
deliver such equipment, instrument,
etc.
8. Failure to maintain or keep original records
of transactions on dangerous drugs

Imposed upon any practitioner,
manufacturer, wholesaler, importer,
distributor, dealer or retailer

An additional penalty shall be imposed
through the revocation of the license
to practice his /her profession, in case
of a practitioner, or of the business, in
case of a manufacturer, seller,
importer, etc.
9. Misappropriation, misapplication or failure
to account for confiscated, seized or
surrendered dangerous drugs, plant
sources of dangerous drugs, instruments,
paraphernalia etc. including the proceeds
or properties obtained from the unlawful
act committed

Applies to public officer or employee
10. Planting controlled precursors and
essential chemicals as evidence
11. Consenting to or knowingly tolerating or
authorizing the use of a vehicle, vessel,
aircraft, equipment or other facility, as an
instrument in the importation, sale, trading,
administration, dispensation, delivery,
distribution, transportation or manufacture
or chemical diversion if the same is owned
 by or under the control or supervision of
the juridical entity
12. Violating any rule or regulation issued by
the Dangerous Drugs Board pursuant to
this Act

Every penalty imposed shall carry with it
the confiscation and forfeiture, in favor of
the government, of all the proceeds and
properties derived from the unlawful act,
including, but not limited to:
a) money and other assets obtained
thereby, and
b) the instruments or tools with which the
particular unlawful act was committed,
unless they are the property of a third
person not liable for the unlawful act,
but those which are not of lawful
commerce shall be ordered destroyed.
(Sec. 20)

Any person charged under any provision
of this Act regardless of the imposable
penalty shall not be allowed to avail of the
provisions of plea-bargaining. (Sec. 23)

Any person convicted for drug trafficking
or pushing under this Act, regardless of
the penalty imposed by the Court, cannot
avail of the privilege granted by the
Probation Law (PD No. 968, as amended).
(Sec. 24)

Notwithstanding the provisions of the law
to the contrary, a positive finding for the
use of dangerous drugs shall be a
qualifying aggravating circumstance in the
commission of a crime by an offender, and
the applicable penalty provided for in the
RPC shall be applicable. (Sec. 25)
Attempt or Conspiracy to commit the
following unlawful acts shall be penalized
by the same penalty prescribed for the
commission of the same under this Act:
a) Importation of any dangerous drug and/or
controlled precursor and essential
chemical;
b) Sale, trading, administration, dispensation,
delivery, distribution and transportation of
any dangerous drug and/or controlled
precursor and essential chemical;
c) Maintenance of a den, dive or resort
where any dangerous drug is used in any
form;
d) Manufacture of any dangerous drug and/or
controlled precursor and essential
chemical; and
e) Cultivation or culture of plants which are
sources of dangerous drugs. (Sec. 26)

The maximum penalties of the unlawful
acts shall be imposed, in addition to
absolute perpetual disqualification from
any public office, if those found guilty of
such unlawful acts are government
officials and employees. (Sec. 28)

Any person who is found guilty of
“planting” any dangerous drug and/or
controlled precursor and essential
chemical, regardless of quantity and
purity, shall suffer the penalty of death.
(Sec. 29)

In addition to the penalties prescribed in
the unlawful act committed, any alien who
violates such provisions of this Act shall,
after service of sentence, be deported
immediately without further proceedings,
unless death is the penalty. (Sec. 31)
DANGEROUS DRUGS TEST AND RECORD
REQUIREMENT (ART. III)
The following shall be subjected to undergo
drug testing:
a) Applicants for driver’s license.
b) Applicants for firearm’s license and for
permit to carry firearms outside of
residence.

All persons who by the nature of their
profession carry firearms shall
undergo drug testing.
c) Students of secondary and tertiary
schools.
d) Officers and employees of public and
private offices (whether domestic or
overseas)

Shall be subjected to undergo a
random drug test. Any officer or
employee found positive of use of
dangerous drugs shall be dealt with
administratively which shall be a
ground for suspension or termination
subject to the provisions of Art. 282 of
the Labor Code and pertinent
provisions of the Civil Service Law.
e) Officers and members of the military,
police and other law enforcement
agencies shall undergo an annual
mandatory drug test.
f) All persons charged before the
prosecutor’s office with a criminal offense
having an imposable penalty of
imprisonment of not less that six (6) years
and one (1) day shall have to undergo a
mandatory drug test.
g) All candidates for public office whether
appointed or elected both in the national or
local government shall undergo a
mandatory drug test.

Those found to be positive for dangerous
drugs shall be subject to the provisions of
Sec. 15 (Use of Dangerous Drugs), which
involves rehabilitation for a minimum
period of 6 months for the first offense, or
imprisonment of 6 to 12 years for the
second offense.

The privilege of suspended sentence shall
be availed of only once by an accused
drug dependent who is a first-time
offender over fifteen (15) years of age at
the time of the commission of the violation
of Section 15 (Use of Dangerous Drugs)
but not more than eighteen (18) years of
age at the time when judgment should be
promulgated. (Sec. 68)
DANGEROUS DRUGS BOARD AND
PHILIPPINE DRUG ENFORCEMENT
AGENCY (ARTICLE IX)
Dangerous Drugs Board – shall be the
policy-making and strategy-formulating body in
the planning and formulation of policies and
programs on drug prevention and control.
Philippine Drug Enforcement Agency
(PDEA) – shall serve as the implementing arm
of the Board, and shall be responsible for the
efficient and effective law enforcement of all
the provisions on any dangerous drug and/or
controlled precursor and essential chemical as
provided in the Act.

Among the powers and duties of the
PDEA is to prepare for prosecution or
cause the filing of appropriate criminal and
civil cases violation of all laws on
dangerous drugs, controlled precursors
and essential chemicals, and other similar
controlled substances, and assist, support
and coordinate with other government
 ART. 196 – IMPORTATION SALE AND
POSSESSION OF LOTTERY TICKETS
OR ADVERTISEMENTS
ACTS PUNISHED RELATIVE TO LOTTERY
TICKETS OR ADVERTISEMENTS:
1. By importing into the Philippines from any
foreign place or port any lottery ticket or
advertisement.
agencies for the proper and effective
prosecution of the same. (Sec. 84 [h])

The PDEA shall be the lead agency in the
investigation of any violation of RA No.
9165. (Sec. 86, last par.)
TITLE SIX: CRIMES AGAINST PUBLIC
MORALS
Chapter One: Gambling and Betting (Arts.
195-199)

Arts. 195-199 and provisions of PD 483
and 449 are repealed insofar as they are
inconsistent with PD 1602, which provides
for stiffer penalties for violation of the
Gambling Laws.
GAMBLING - is any game of chance or
scheme, whether upon chance or skill,
wherein wagers consisting of money, articles
or value or representative of value are at stake
or made.
ELEMENTS OF LOTTERY:
1. consideration
2. chance
3. prize or some advantage or inequality in
amount or value which is in the nature of a
prize.
KNOWINGLY PERMITTING GAMBLING TO
BE CARRIED ON IN A PLACE OWNED OR
CONTROLLED BY THE OFFENDER
ELEMENTS:
1. That a gambling game was carried on in
an inhabited or uninhabited place or in any
building, vessel or other means of
transportation.
2. That the place, building, vessel or other
means of transportation is owned or
controlled by the offender.
3. That the offender permitted the carrying on
of such games, knowing that it is a
gambling game.
2. By selling or distributing the same in
connivance with the importer.
3. By possessing, knowingly and with intent
to use, lottery tickets or advertisements.
4. By selling or distributing the same without
connivance with the importer.

The possession of any lottery ticket or
advertisement is prima facie evidence of
an intent to sell, distribute or use the
same.

 ART. 198 – ILLEGAL BETTING ON
HORSE RACES
ACTS PUNISHABLE IN ILLEGAL BETTING
ON HORSE RACES:
1. By betting on horse races during the
periods not allowed by law.
2. By maintaining or employing a totalizer or
other device or scheme for betting on
races or realizing profit therefrom, during
the periods not allowed by law.
Chapter Two: Offenses Against Decency
and Good Customs ((Arts. 200-202)
 ART. 200 – GRAVE SCANDAL
ELEMENTS:
1. That the offender performs an act or acts.
2. That such act or acts be highly scandalous
as offending against decency or good
customs.
3. That the highly scandalous conduct is not
expressly falling within any article of this
code.
4. That the act or acts complained of be
committed in a public place or within the
public knowledge or view.
DECENCY - means proprietary of conduct;
proper observance of the requirements of
modesty , good taste, etc.
CUSTOMS - established usage, social
conventions carried on by tradition and
enforced by social disapproval of any violation
thereof.
GRAVE SCANDAL - consists of acts which
are offensive to decency and good customs
which, having committed publicly, have given
rise to public scandal to persons who have
accidentally witnessed the same.

If the act or acts of the offender are
punished under another article of the
Revised Penal Code, Article 200 is not
applicable.
 ART. 201 – IMMORAL DOCTRINES,
OBSCENE PUBLICATIONS AND
EXHIBITIONS, AND INDECENT SHOWS
PERSONS LIABLE:
1. Those who shall publicly expound or
proclaim doctrines openly and contrary to
public morals.
2. The authors of obscene literature,
published with their knowledge in any
form; the editors publishing such literature;
and the owners, operating the
establishment or selling the same.
3. Those who, in theaters, fairs,
cinematographs or any other place, exhibit
indecent or immoral shows which are
proscribed or are contrary to morals, good
customs, established policies, lawful
orders, decrees and edicts
4. Those who shall give away or exhibit films,
prints, engravings, sculpture or literature
which are offensive to morals

Publicity is required
MORALS - imply conformity with the generally
accepted standards of goodness or rightness
in conduct or character, sometimes,
specifically, to sexual conduct.
THE TEST OF OBSCENITY
The test is whether the tendency of the matter
charged as obscene, is to corrupt those whose
minds are open to such influences, and into
whose hands such a publication may fall and
also whether or not such publication or act
shocks the ordinary and common sense of
men as an indecency.
INDECENCY - an act against the good
behavior and a just delicacy
DISPOSITION OF PROHIBITED ARTICLES:
The disposition of the literature, films, prints,
engravings, sculptures, paintings or other
materials involved in violation shall be
governed by the following rules:
1. Upon conviction of the offender – to be
forfeited in favor of the government to be
destroyed.
2. Where the criminal case against the
violator of the decree results in an
acquittal – to be forfeited in favor of the
government to be destroyed, after
forfeiture proceedings conducted by the
chief constabulary.
3. The person aggrieved by the forfeiture
action of the Chief of Police may, within 15
days after his receipt of the copy of the
decision, appeal the matter to the
Secretary of the National Defense for
review. The decision of the Secretary of
the National Defense shall be final and
unappealable. (sec. 2, P.D. 969)
 ART. 202 – VAGARANTS AND
PROSTITUTES
PERSONS LIABLE:
1. Any person having no apparent means of
subsistence, who has the physical ability
 to work and who neglects to apply himself
to some lawful calling
2. Any person found loitering about public or
semipublic buildings or places or tramping
or wondering about the country or the
streets without visible means of support
3. Any idle or dissolute person who lodges in
houses of ill fame; ruffians or pimps and
those who habitually associate with
prostitutes
4. Any person who, not being included in the
provisions of other articles of this code,
shall be found loitering in any inhabited or
uninhabited place belonging to another
without any lawful or justifiable purpose
PROSTITUTES - women who, for money or
profit habitually indulge in sexual intercourse
or lascivious conduct
VAGRANTS:
1. An idle or dissolute person who lodges in
houses of ill-fame
2. Ruffian or pimp; or
3. One who habitually associates with
prostitutes.
Persons Liable under P.D. No. 1563 or the
Mendicancy Law:
1. Mendicant – one who has no visible and
legal means of support, or lawful
employment and who is physically able to
work but neglects to apply himself to some
lawful calling and instead uses begging as
a means of living.
2. Any person who abets mendicancy by
giving alms directly to mendicants,
exploited infants, and minors on public
roads, sidewalks, parks and bridges.
TITLE SEVEN: CRIMES COMMITTED BY
PUBLIC OFFICERS
Chapter One: Preliminary Provisions (Art.
203)
 ART. 203 - WHO ARE PUBLIC OFFICERS
REQUISITES:
To be a public officer one must be –
1. Taking part in the performance of public
functions in the government, or performing
in said Government or in any of its
branches public duties as an employee,
agent or subordinate official, of any rank or
class; and
2. That his authority to take part in the
performance of public functions or to
perform public duties must be-
a) by direct provision of the law, or
b) by popular election, or
c) by appointment by competent
authority
Chapter Two: Malfeasance and
Misfeasance in Office (Arts. 204-212)
Section One – Dereliction of Duty
Misfeasance – improper performance of some
act which might lawfully be done.
Malfeasance – the performance of some act
which ought not to be done.
Nonfeasance – omission of some act which
ought to be performed
 ART. 204 – KNOWINGLY RENDERING
UNJUST JUDGMENT
ELEMENTS:
1. That the offender is a judge
2. That he renders a judgment in a case
submitted to him for decision
3. That the judgment is unjust
4. That the judge knows that his judgment is
unjust
JUDGMENT - the final consideration and
determination of a court of competent
jurisdiction upon the matters submitted to it,
in an action or proceeding.
SOURCES OF UNJUST JUDGMENT:
1. Error, or
2. ill-will or revenge, or
3. Bribery

There is no liability at all for a mere error in
good faith.
 ART. 205 - JUDGMENT RENDERED
THROUGH NEGLIGENCE
ELEMENTS:
1. That the offender is a judge
2. That he renders a judgment in a case
submitted to him for decision
3. That the judgment is manifestly unjust
4. That it is due to his inexcusable
negligence or ignorance
MEANING OF “manifestly unjust judgment”
It so manifestly contrary to law, that even a
person having a meager knowledge of the law
cannot doubt the injustice
  ART.206 – UNJUST INTERLOCUTORY
ORDER
ELEMENTS:
1. That the offender is a judge
2. That he performs any of the following acts:
a) knowingly renders unjust interlocutory
order or decree, or
b) renders a manifestly unjust
interlocutory order or decree through
inexcusable negligence or ignorance
 ART. 207 – MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
ELEMENTS:
1. That the offender is a judge
2. That there is a proceeding in court
3. That he delays the administration of justice
4. That the delay is malicious, that is, the
delay is caused by the judge with
deliberate intent to inflict damage on either
party in the case
 ART. 208 - PROSECUTION OF
OFFENSES; NEGLIGENCE AND
TOLERANCE
PUNISHABLE ACTS:
1. By maliciously refraining from instituting
prosecution against violators of the law
2. By maliciously tolerating the commission
of a crime
REQUISITES:
1. That the offender is a public officer who
has a duty to cause the prosecution of, or
to prosecute offenses
2. That knowing the commission of the crime,
he does not cause the prosecution of the
criminal or knowing that a crime is about to
be committed he tolerates its commission
3. That the offender acts with malice and
deliberate intent to favor the violator of the
law
 ART. 209 - BETRAYAL OF TRUST BY
AN ATTORNEY OR SOLICITOR -
REVELATION OF SECRETS
PUNISHABLE ACTS:
1. Causing damage to his client, either:
a) by any malicious breach of
professional duty; or
b) inexcusable negligence or ignorance
2. Revealing any of the secrets of his client
learned by him in his professional capacity

damage not necessary
3. Undertaking the defense of the opposing
party in the same case without the consent
of his first client

if the client consents to the attorney’s
taking the defense of the other party,
there is no crime
PROCURADOR JUDICIAL - a person who
had some practical knowledge of law and
procedure, but not a lawyer, and was
permitted to represent a party in a case before
an inferior court.
Section Two – Bribery
 ART. 210 – DIRECT BRIBERY
PUNISHABLE ACTS:
1. By agreeing to perform, or by performing
in consideration of any offer, promise, gift
or present, an act constituting a crime, in
connection with the performance of official
duties.
2. By accepting a gift in consideration of the
execution of an act which do not constitute
a crime, in connection with the
performance of his official duty.
3. By agreeing to refrain, or by refraining,
from doing something which it is his official
duty to do, in consideration of a gift or
promise.
ELEMENTS OF DIRECT BRIBERY:
1. That the offender be a public officer
2. That the offender accepts an offer or a
promise or receives a gift or present by
himself or through another
3. That such offer or promise be accepted, or
gift or present received by the public
officer-
a) with a view to committing some crime;
or
b) in consideration of the execution of an
act which does not constitute a crime,
but the act must be unjust; or
c) to refrain from doing something which
it is his official duty to do.
4. That the act which the offender agrees to
perform or which he executes be
connected with the performance of his
official duties

For the purpose of punishing bribery, the
temporary performance of public functions
is sufficient to constitute a person a public
officer
  ART. 211 – INDIRECT BRIBERY Section 2. Definition of Terms

ELEMENTS: Government – the national government, the

1. That the offender is a public officer local government, the GOCCs and all other
2. That he accepts gifts instrumentalities or agencies of the
3. That the said gifts are offered to him by government
reason of his office
Public Officer - elective & appointive officials
DIRECT BRIBERY INDIRECT BRIBERY and employees, permanent or temporary,
As to consideration whether in the classified or unclassified or
In both crimes the public officer receives gift exempt services receiving compensation, even
As to existence of agreement nominal from the government
There is agreement No such agreement
between the public exist Section 3. Corrupt Practices of Public
officer and the giver of Officials:
the gift or present
As to necessity of the performance of the A. Persuading, inducing or influencing
act another public official officer to perform an
The offender agrees to It is not necessary that act constituting a violation of rules and
perform or performs an the officer should do regulations duly promulgated by
act or refrains from any particular act or
competent authority or an offense in
doing something, even promise to do an
because of the gift or act, as it is enough that connection with the official duties of the
promise he accepts gifts offered latter, or allowing himself to be persuaded,
to him by reason of his induced, or influenced to commit such
office violation or offense.

B. Directly or indirectly requesting or

 ART. 211-A - QUALIFIED BRIBERY
ELEMENTS:
1. That the offender is a public officer
entrusted with law enforcement
2. That the offender refrains from arresting or
prosecuting an offender who has
committed a crime punishable by reclusión
perpetua and/or death
3. That the offender refrains from arresting or
prosecuting the offender in consideration
of any promise, gift or present
receiving any gift, present, share,
percentage, or benefit, for himself or for
any other person, in connection with any
other contract or transaction between the
government and any other party, wherein
the public officer in his official capacity
has to intervene under the law.

The lack of “demand” is immaterial. After
all, Section 3(b) of R.A. 3019 uses the
word “or” between requesting and
receiving.

There must be a clear intention on the part

 ART. 212 – CORRUPTION OF
PUBLIC OFFICIALS
ELEMENTS:
1. That the offender makes offers or
promises or gives gifts or presents to a
public officer
2. That the offers or promises are made or
the gifts or presents given to a public,
officer, under circumstances that will make
the public officer liable for direct bribery or
indirect bribery
ANTI-GRAFT AND CORRUPT
PRACTICES ACT
(RA 3019 as amended by RA 3047,
PD 77 and BP 195)
of the public officer to take the gift so
offered and consider it as his or her own
property from then on. Mere physical
receipt unaccompanied by any other sign,
circumstance or act to show acceptance is
not sufficient to lead the court to conclude
that the crime has been committed.
(Peligrino vs. People, G.R. No. 136266,
August 31, 2001)
C. Directly or indirectly requesting or
receiving any gift, present or other
pecuniary or material benefit, for himself or
for another, from any person for whom the
public officer, in any manner or capacity
has secured or obtained, or will secure or
obtain, any government permit or license,
in consideration for the help given or to be
 given, without prejudice to Sec. 13 of this
act.
D. Accepting or having any member of his
family accept employment in a private
enterprise which has pending official
business with him during the pendency
thereof or within 1 year after his
termination.
E. Causing any undue injury to any party,
including the government, or giving any
private party any unwarranted benefits,
advantage or preference in the discharge
of his administrative or judicial functions
through manifest partiality, evident bad
faith or gross inexcusable negligence. This
provision shall apply to officers and
employees of offices or Government
corporations charged with the grant of
licenses or permits or other concessions.

To be held liable under said section, the
act of the accused which caused undue
injury must have been done with evident
bad faith or gross inexcusable negligence.
Gross negligence has been defined as
negligence characterized by the want of
even slight care acting or omitting to act in
a situation where there is a duty to act, not
inadvertently but willfully and intentionally
with a conscious indifference to
consequences in so far as other persons
may be affected. It is the omission of that
care which even inattentive and
thoughtless men never fail to take on their
property. (Alejandro v. People, 170 SCRA
400) In case of public officials, there is
gross negligence when a breach of duty is
flagrant and palpable. (Quibal v.
Sandiganbayan, 244 SCRA 224)
F. Neglecting or refusing, after due demand
or request, without sufficient justification,
to act within reasonable time on any
matter pending before him for the purpose
of obtaining, directly or indirectly, from any
person interested in the matter some
pecuniary or material benefit or
advantage, or for the purpose of favoring
his own interest or giving undue
advantage in favor of or discriminating
against any other interested party.
G. Entering on behalf of the Government, into
any contract or transaction manifestly and
grossly disadvantageous to the same,
whether or not the public officer profited or
will profit thereby.
H. Directly or indirectly having financial or
pecuniary interest in any business,
contract or transaction in connection with
which he intervenes or takes part in his
official capacity, or in which he is
prohibited by the Constitution or by law
from having any interest.
I. Directly or indirectly becoming interested,
for personal gain, or having material
interest in any transaction or act requiring
the approval of a board, panel or group
which he is a member; and which
exercises discretion in such approval,
even if he votes against the same or does
not participate in the action of the board,
committee, panel or group.

Interest for personal gain shall be
presumed against those public officers
responsible for the approval of manifestly
unlawful, inequitable, or irregular
transactions or acts by the board, panel or
group to which they belong.
J. Knowingly approving or granting any
license, permit, privilege or benefit in favor
of any person not qualified for or not
legally entitled to such license, permit,
privilege or advantage, or of a mere
representative or dummy of one who is not
qualified or entitled.
K. Divulging valuable information of a
confidential character, acquired by his
office or by him on account of his official
position to unauthorized persons, or
releasing such information in advance of
its authorized date.

The Anti-Graft and Corrupt Practices Act
expressly provides that in addition to acts
and omissions of public officers already
penalized by existing law (such as those
under Title Seven of the Revised Penal
Code), the acts or omissions described
therein constitute corrupt practices of
public officers and are punishable thereby.
(R.A. No. 3019, Sec. 3)
Section 4. Prohibition on Private individuals.
• Taking advantage of family or personal
close relation with public official is
punished.
• Knowingly inducing or causing any public
official to commit any of the offenses
defined in Section 3.
Section 5. Prohibition on certain relatives


The spouse or any relative, by
rd
consanguinity, within the 3 civil degree,
of the President, the Vice-President,
Senate President, or the Speaker of the
House of Representatives is prohibited to
intervene directly or indirectly, in any
business, transaction, contract or
application with the government.
EXCEPTIONS TO THE PROVISIONS:
1. Any person who prior to the assumption of
office of any of those officials to whom he
is related, has been already dealing with
the government along the same line of
business, nor to any transaction, contract
or application already existing or pending
at the time of such assumption of public
office.
2. Any application filed by him, the approval
of which is not discretionary on the part of
the official or officials concerned but
depends upon compliance with the
requisites provided by law, or rules or
regulations issued pursuant to law.
3. Any act lawfully performed in an official
capacity or in the exercise of a profession
Section 6. Prohibition on Members of
Congress

Members of Congress during their term
are prohibited to acquire or receive any
personal pecuniary interest in any specific
business enterprise which will be directly
and particularly favored or benefited by
any law or resolution authored by them

The prohibition shall also apply to any
public officer who recommended the
initiation in Congress of the enactment or
adoption of any law or resolution and
acquires or receives any such interest
during his incumbency

The member of Congress or other public
officer, who, having such interest prior to
the approval of a law or resolution
authored or recommended by him,
continues for thirty days after such
approval to retain his interest also violates
this section.
Section 8. Prima facie evidence of and
dismissal due to unexplained wealth.

A public official who has been found to
have acquired during his incumbency,
whether in his name or the name of other
persons, an amount of property and/or
money manifestly out of proportion to his
salary and to his lawful income (RA 1319)
– GROUND FOR FORFEITURE OF
UNEXPALINED WEALTH
Section 11. Prescription of offenses

15 YEARS – prescriptive period of all
offenses under the Act
Section 12. Termination of office
NO PUBLIC OFFICER IS ALLOWED TO
RESIGN OR RETIRE:
1. Pending investigation, criminal or
administrative or
2. Pending a prosecution against him
3. For any offense under the Act or under the
provisions of the RPC on Bribery
Section 14. Exception

Unsolicited gifts or presents of small or
insignificant value offered or given as a
mere ordinary token of gratitude of
friendship according to local custom or
usage
ANTI-PLUNDER ACT
(RA 7080)
Means or schemes to acquire ill-gotten
wealth:
1. Through misappropriation, conversion,
misuse or malversation of public funds or
raids on the public treasury
2. By receiving directly or indirectly, any
commission, gift, share, percentage or any
other form of pecuniary benefit from any
person and/or entity in connection with any
government contract/project or by reason
of his office/position
3. By the illegal or fraudulent conveyance or
disposition of assets belonging to the
government
4. By obtaining, receiving or accepting,
directly or indirectly, any shares of stock,
equity or any other form of interest or
participation including the promise of
future employment in any business
enterprise or undertaking
5. By establishing agricultural, industrial or
commercial monopolies or other
combinations and/or implementing
decrees and orders intended to benefit
particular persons or special interests
6. By taking undue advantage of official
position, authority, relationship, connection
or influence to unjustly enrich himself or
themselves

These should be committed by a
combination or through a series of
acts. There should be at least two acts
otherwise the accused should be charged
with the particular crime committed and
not with plunder. A combination means at
least two acts of a different category while
a series means at least two acts of the
same category (Estrada vs.
Sandiganbayan, November 21, 2001).
Section 2. Definition of the Crime of Plunder;
Penalties
PLUNDER - a crime committed by any public
officer, by himself , or in connivance with his
family, relatives by affinity or consanguinity,
business associates, subordinates or other
persons, by amassing, accumulating or
acquiring ill-gotten wealth in the aggregate
amount or total value of at least 50 million
pesos

PENALTY: Reclusion Perpetua to Death

MITIGATING AND EXTENUATING
CIRCUMSTANCES shall be considered by
the courts in the imposition of penalty
Section 4. Rule of Evidence

It is not necessary to prove each and
every criminal act done. A pattern of overt
or criminal acts indicative of the over-all
unlawful scheme or conspiracy shall be
sufficient
Section 6. Prescription of Crimes

The crime punishable under this Act shall
prescribe in 20 years. However, the right
of the State to recover properties
unlawfully acquired by public officers from
them or from their nominees or transferees
shall not be barred by prescription or
laches or estoppel.

Plunder is a crime of malum in se because
the constitutive crimes are mala in se. The
elements of mens rea must be proven in a
prosecution for plunder. (Estrada vs.
Sandiganbayan, G.R. No. 148560,
November 21, 2001)
Chapter Three: Frauds and Illegal
Exactions and Transactions (Arts. 213-216)
 ART. 213 – FRAUD AGAINST THE
TREASURY AND SIMILAR OF OFFENSES
PUNISHABLE ACTS:
1. By entering into an agreement with any
interested party or speculator or making
use of any other scheme, to defraud the
Government, in dealing with any person
with regard to furnishing supplies, the
making of contracts, or the adjustment or
settlement of accounts relating to public
property or funds.
2. By demanding, directly or indirectly, the
payment of sums different from or larger
than those authorized by law, in the
collection of taxes, licenses, fees, and
other imposts.
3. By failing voluntarily to issue a receipt, as
provided by law, for any sum of money
collected by him officially, in the collection
of taxes, licenses, fees and other imposts.
4. By collecting or receiving, directly or
indirectly, by way of payment or otherwise,
things or objects of a nature different from
that provided by law, in the collection of
taxes, licenses, fees and other imposts.
ELEMENTS OF FRAUDS AGAINST PUBLIC
TREASURY:
1. That the offender be a public officer.
2. That he should have taken advantage of
his office, that is, he intervened in the
transaction in his official capacity.
3. That he entered into an agreement with
any interested party or speculator or made
use of any other scheme with regard to
a) furnishing supplies
b) the making of contracts, or
c) the adjustment or settlement of
accounts relating to public property or
funds
4. That the accused had intent to defraud the
Government.
ELEMENTS OF ILLEGAL EXACTIONS:
1. The offender is a public officer entrusted
with the collection of taxes, licenses, fees
and other imposts.
2. He is guilty of any of the following acts or
omissions:
a) Demanding, directly or indirectly, the
payment of sums different from or
larger than those authorized by law; or
b) Failing voluntarily to issue a receipt,
as provided by law , for any sum of
money collected by him officially; or
c) Collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or objects of a
nature different from that provided by
law.

 ART. 214 – OTHER FRAUDS
ELEMENTS:
1. That the offender is a public officer
2. That he takes advantage of his official
position
3. That he commits any of the frauds or
deceits enumerated in Arts. 315 to 318
(estafa, other forms of swindling, swindling
a minor, and other deceits)
 ART. 215 - PROHIBITED TRANSACTIONS
ELEMENTS:
1. That the offender is an appointive public
officer.
2. That he becomes interested, directly or
indirectly, in any transaction or exchange
or speculation
3. That the transaction takes place within the
territory subject to his jurisdiction
4. That he becomes interested in the
transaction during his incumbency

The transaction must be one of exchange
or speculation, such as buying stocks and
selling stocks, commodities, land, etc.,
hoping to take advantage of an expected
rise and fall in price.
 ART. 216 – POSSESSION OF
PROHIBITED INTEREST BY A PUBLIC
OFFICER
PERSONS LIABLE:
1. Public officer who, directly or indirectly,
became interested in any contract or
business in which it was his official duty to
intervene.
2. Experts, arbitrators, and private
accountants who, in like manner, took part
in any contract or transaction connected
with the estate or property in the appraisal,
distribution or adjudication of which they
had acted.
3. Guardians and executors with respect to
the property belonging to their wards or
the estate.
Chapter Four: Malversation of Public
Funds or Property (Arts. 217-222)
 ART. 217 - MALVERSATION OF PUBLIC
FUNDS OR PROPERTY-PRESUMPTION
OF MALVERSATION
PUNISHABLE ACTS:
1. By appropriating public funds or property.
2. By taking or misappropriating the same.
3. By consenting, or through abandonment or
negligence, permitting any other person to
take such public funds or property.
4. By being otherwise guilty of the
misappropriation or malversation of such
funds or property.
COMMON ELEMENTS:
1. That the offender be a public officer.
2. That he had custody or control of funds or
property by reason of the duties of his
office
3. That those funds or property were public
funds or property for which he was
accountable.
4. That he appropriated, took,
misappropriated or consented, or through
abandonment or negligence, permitted
another person to take them.
MALVERSATION MAY BE COMMITTED BY
PRIVATE INDIVIDUALS IN THE
FOLLOWING CASES:
1. Those in conspiracy with public officers
guilty of malversation
2. Those who are accessory or accomplice to
a public officer
3. Custodian of public funds or property in
whatever capacity
4. Depositary or administrator of public funds
or property
PRESUMPTION
When demand is made to the accountable
officer to account for the funds and property
and the same is not forthcoming, the
presumption is that he misappropriated the
funds
Malversation is principally distinguished
from estafa by:
1. The public or private character of the
accused.
2. The nature of the funds.
3. The fact that conversion is not required in
malversation.
4. The rule that there is no need of prior
demand in malversation.
5. The absence of a requirement of damage
in malversation.
 ART. 218 – FAILURE OF ACCOUNTABLE
OFFICER TO RENDER ACCOUNTS
ELEMENTS:
1. That the offender is a public officer,
whether in the service or separated
therefrom.
2. That he must be an accountable officer for
public funds or property.
3. That he is required by law or regulation to
render accounts to the Commission on
Audit, or to a provincial auditor.
4. That he fails to do so for a period of two
months after such accounts should be
rendered.
 ART. 219 - FAILURE OF RESPONSIBLE
PUBLIC OFFICER TO RENDER ACCOUNTS
BEFORE LEAVING THE COUNTRY
ELEMENTS:
1. That the offender is a public officer.
2. That he must be an accountable officer for
public funds or property.
3. That he must have unlawfully left (or be on
the point of leaving) the Philippines without
securing from the Commission on Audit a
certificate showing that his accounts have
been finally settled.
 ART. 22O - ILLEGAL USE OF PUBLIC
FUNDS OR PROPERTY
ELEMENTS:
1. That the offender is a public officer.
2. That there is a public fund or property
under his administration.
3. That such public fund or property has
been appropriated by law or ordinance.
4. That he applies the same to a public use
other than that for which such funds or
property has been appropriated by law or
ordinance.
Illegal use of public funds or property vs.
malversation under Art. 217
ILLEGAL USE OF
PUBLIC FUNDS OR MALVERSATION
PROPERTY
The offenders are accountable public officers in
both crimes.
The offender does not The offender in certain
derive any personal cases profits from the
gain or profit proceeds of the crime.
The public fund or The public fund or
property is applied to property is applied to
another public use the personal use and
benefit of the offender
or of another person.
 ART. 221 - FAILURE TO MAKE DELIVERY
OF PUBLIC FUNDS OR PROPERTY
PUNISHABLE ACTS:
1. By failing to make payment by a public
officer who is under obligation to make
such payment from Government funds in
his possession.
2. By refusing to make delivery by a public
officer who has been ordered by
competent authority to deliver any property
in his custody or under his administration.
ELEMENTS OF REFUSAL TO MAKE
PAYMENT:
1. That the public officer has Government
funds in his possession.
2. That he is under obligation to make
payments from such funds.
3. That he fails to make payment maliciously.
 ART. 222 – OFFICERS INCLUDED IN THE
PRECEEDING PROVISIONS
Private individuals who may be liable under
Art. 217-221:
1. Private individuals who, in any capacity
whatsoever, have charge of any national,
provincial or municipal funds, revenue or
property
2. Administrator, depository of funds or
property attached, seized, or deposited by
public authority even if such property
belongs to a private individual
Chapter Five: Infidelity of Public Officers
(Arts. 223-230)
Section One – Disobedience, refusal of
assistance, and maltreatment of prisoners
 ART.223 – CONNIVING WITH OR
CONSENTING TO EVASION
ELEMENTS:
1. That the offender is a public officer.
2. That he had in his custody or charge, a
prisoner, either detention prisoner or
prisoner by final judgment.
3. That such prisoner escaped from his
custody.
4. That he was in connivance with the
prisoner in the latter’s escape.
CLASSES OF PRISONER INVOLVED:
1. If the fugitive has been sentenced by final
judgment to any penalty.
2. If the fugitive is held only as detention
prisoner for any crime or violation of law or
municipal ordinance.
 ART.224 – EVASION THROUGH
NEGLIGENCE
ELEMENTS:
1. That the offender is a public officer.
2. That he is charged with the conveyance or
custody of a prisoner, either detention
prisoner or prisoner by final judgment.
3. That such prisoner escapes through his
negligence.

Not every negligence or distraction of a
guard is penalized. It is only that positive
carelessness that is short of deliberate
non-performance of his duties as guard
that is the gravamen of the crime of
infidelity under Article 224.
Liability of escaping prisoner:
1. If the fugitive is serving sentence by
reason of final judgment, he is liable for
evasion of the service of sentence under
Art. 157.
2. If the fugitive is only a detention prisoner,
he does not incur criminal liability.
 ART. 225 – ESCAPE OF PRISONER
UNDER THE CUSTODY OF A PERSON NOT
A PUBLIC OFFICER
ELEMENTS:
1. That the offender is a private person.
2. That the conveyance or custody of a
prisoner or person under arrest is confided
to him.
3. That the prisoner or person under arrest
escapes.
4. That the offender consents to the escape
of the prisoner or person under arrest, or
that the escape takes place through his
negligence.

Article 225 is not applicable if a private
person was the one who made the arrest
and he consented to the escape of the
person he arrested.
 ART.226 – REMOVAL CONCEALMENT,
OR DESTRUCTION OF DOCUMENTS
ELEMENTS:
1. That the offender be a public officer.
2. That he abstracts, destroys or conceals
documents or papers.
3. That the said documents or papers should
have been entrusted to such public officer
by reason of his office.
4. That damage, whether serious or not, to a
third party or to the public interest should
have been caused.

Damage in this article may consist in mere
alarm to the public or in the alienation of
its confidence in any branch of the
government service.
 ART.227 – OFFICER BREAKING SEAL
ELEMENTS:
1. That the offender is a public Officer.
2. That he is charged with the custody of
papers or property.
3. That these papers or property are sealed
by proper authority.
4. That he breaks the seals or permits them
to be broken.

Damage or intent to damage is not
necessary
 ART.228 – OPENING OF CLOSED
DOCUMENTS
ELEMENTS:
1. That the offender is a public officer.
2. That any closed papers, documents, or
objects are entrusted to his custody.
3. That he opens or permits to be opened
said closed papers, documents, or objects.
4. That he does not have the proper
authority.
 ART. 229 – REVELATION OF SECRETS
BY AN OFFICER
PUNISHABLE ACTS:
1. By revealing any secret known to the
offending public officer by reason of his
official capacity.
2. By delivering wrongfully papers or copies
of papers of which he may have charge
and which should not be published.
ELEMENTS OF NO. 1:
1. That the offender is a public officer.
2. That he knows of the secret by reason of
his official capacity.
3. That he reveals such secret without
authority or justifiable reasons.
4. That damage, great or small, be caused to
public interest.

This article punishes minor official
betrayals, infidelities of little consequence,
affecting usually the administration of
justice, executive or official duties, or the
general interest of the public order.
2. That there is a judgment, decision or order
of a superior authority.
3. That such judgment, decision or order was
made within the scope of the jurisdiction of
the superior authority and issued with all
legal formalities.
4. That the offender without any legal
justification openly refuses to execute said
judgment, decision or order, which he is
duty bound to obey.

ELEMENTS OF NO. 2:
1. That the offender is a public officer.  ART. 232 – DISOBEDIENCE TO ORDER
2. That he has charge of papers. OF SUPERIOR OFFICER WHEN SAID
3. That those papers should not be ORDER WAS SUSPENDED BY
published. INFERIOR OFFICER
4. That he delivers those papers or copies
thereof to a third person. ELEMENTS:
5. That the delivery is wrongful. 1. That the offender is a public officer.
6. That damage be caused to public interest. 2. That an order is issued by his superior for
execution.
3. That he has for any reason suspended the
REVELATION OF INFIDELITY IN THE execution of such order.
SECRETS BY AN CUSTODY OF 4. That his superior disapproves the
OFFICER DOCUMENT OR suspension of the execution of the order.
PAPERS BY 5. That the offender disobeys his superior
REMOVING THE despite the disapproval of the suspension.
SAME
The papers contain The papers do not
secrets and therefore contain secrets but their  ART. 233 – REFUSAL OF ASSISTANCE
should not be removal is for an illicit
published, and the purpose
ELEMENTS:
public officer having
charge thereof removes 1. That the offender is a public officer.
and delivers them 2. That a competent authority demands from
wrongfully to a third the offender that he lend his cooperation
person towards the administration of justice or
other public service.
3. That the offender fails to do so maliciously.
 ART. 230 – PUBLIC OFFICER
REVEALING SECRETS OF
PRIVATE INDIVIDUAL  ART. 234 – REFUSAL TO DISCHARGE
ELECTIVE OFFICE
ELEMENTS:
1. That the offender is a public officer. ELEMENTS:
2. That he knows of the secrets of a private 1. That the offender is elected by popular
individual by reason of his office. election to a public office.
3. That he reveals such secrets without 2. That he refuses to be sworn in or to
authority or justifiable reason. discharge the duties of said office.
3. That there is no legal motive for such
refusal to be sworn in or to discharge the
Chapter Six: Other Offenses or duties of said office.
Irregularities by Public Officers (Arts. 231-
245)
 ART. 235 – MALTREATMENT OF
Section One – Disobedience, refusal of PRISONERS
assistance and maltreatment of prisoners
ELEMENTS:
 ART. 231 – OPEN DISOBEDIENCE 1. That the offender is a public officer or
employee.
ELEMENTS: 2. That he has under his charge a prisoner or
1. That the offender is a judicial or executive detention prisoner.
officer.
3. That he maltreats such prisoner in either NEGLIGENCE AND
of the following manners: ABANDONMENT OF TOLERANCE
a) By overdoing himself in the correction OFFICE IN PROSECUTION
or handling of a prisoner or detention (ART. 238) OF OFFENSES
prisoner under his charge either (ART. 208)
i. by the imposition of Committed by any Committed only by
punishments not authorized by public officer public officers who have
the regulations, or the duty to institute
ii. by inflicting such punishments prosecution for the
punishment of
(those authorized ) in a cruel violations of the law
and humiliating manner; or
b) By maltreating such prisoner to extort The public officer The public officer does
abandons his office to not abandon his office
a confession or to obtain some evade the discharge of but he fails to prosecute
information from the prisoner. his duty an offense by
dereliction of duty or by
malicious tolerance of
Section Two – Anticipation, prolongation the commission of
and abandonment of the duties and powers offenses.
of public office

Section Three – Usurpation of powers and

 ART. 236 – ANTICIPATION OF DUTIES unlawful appointment
OF A PUBLIC OFFICE

ELEMENTS:  ART. 239 – USURPATION OF

1. That the offender is entitled to hold a
public office or employment, either by
election or appointment.
2. That the law requires that he should first
be sworn in and/or should first give a
bond.
3. That he assumes the performance of the
duties and powers of such office.
4. That he has not taken his oath of office
and/or given the bond required by law.
LEGISLATIVE POWER
ELEMENTS:
1. That the offender is an executive or
judicial officer.
2. That he
a) makes general rules or regulations
beyond the scope of his authority or
b) attempts to repeal a law or
c) suspends the execution thereof.

 ART. 237 – PROLONGING  ART. 240 – USURPATION OF

PERFORMANCE OF DUTIES AND POWERS EXECUTIVE FUNCTIONS

ELEMENTS:
1. That the offender is holding a public office.
2. That the period provided by law,
regulations or special provisions for
holding such office, has already expired.
3. That he continues to exercise the duties
and powers of such office.
ELEMENTS:
1. That the offender is a judge.
2. That he
a) assumes a power pertaining to the
executive authorities, or
b) obstructs the executive authorities in
the lawful exercise of their powers.

 ART. 238 – ABANDONMENT OF OFFICE  ART. 241 – USURPATION OF JUDICIAL

ELEMENTS:
1. That the offender is a public officer.
2. That he formally resigns from his position.
3. That his resignation has not yet been
accepted.
4. That he abandons his office to the
detriment of the public service.
FUNCTIONS
ELEMENTS:
1. That the offender is an officer of the
executive branch of the Government.
2. That he
a) assumes judicial powers, or
b) obstructs the execution of any order or
decision rendered by any judge within
his jurisdiction.

 ART. 242 - DISOBEYING REQUEST FOR
DISQUALIFICATION
ELEMENTS:
1. That the offender is a public officer.
2. That a proceeding is pending before such
public officer.
3. That there is a question brought before the
proper authority regarding his jurisdiction,
which is not yet decided.
4. That he has been lawfully required to
refrain from continuing the proceeding.
5. That he continues the proceeding.
 ART. 243 – ORDERS OR REQUESTS
BY EXECUTIVE OFFICERS TO ANY
JUDICIAL AUTHORITY
ELEMENTS:
1. That the offender is an executive officer.
2. That he addresses any order or
suggestion to any judicial authority.
3. That the order or suggestion relates to any
case or business coming within the
exclusive jurisdiction of the courts of
justice.
 ART.244 – UNLAWFUL APPOINTMENTS
ELEMENTS:
1. That the offender is a public officer.
2. That he nominates or appoints a person to
a public office.
3. That such person lacks the legal
qualifications therefor.
4. That the offender knows that his nominee
or appointee lacks the qualification at the
time he made the nomination or
appointment.
Section Four – Abuses against chastity
 ART. 245 – ABUSES AGAINST
CHASTITY-PENALTIES
ELEMENTS:
1. That the offender is a public officer.
2. That he solicits or makes immoral or
indecent advances to a woman.
3. That such woman must be-
a) interested in matters pending before
the offender for decision, or with
respect to which he is required to
submit a report to or consult with a
superior officer; or
b) under the custody of the offender who
is a warden or other public officer
directly charged with the care and
custody of prisoners or persons under
arrest; or
c) the wife, daughter, sister or relative
within the same degree by affinity of
the person in the custody of the
offender

The mother of the person in the custody of
the offender is not included.
Ways of committing abuses against
chastity:
1. By soliciting or making immoral or
indecent advances to a woman interested
in the matters pending before the
offending officer for decision, or with
respect to which he is required to submit a
report to or consult with a superior officer.
2. By soliciting or making immoral or
indecent advances to a woman under the
offender’s custody.
3. By soliciting or making immoral or
indecent advances to the wife, daughter,
sister or relative within the same degree
by affinity of any person in the custody of
the offending warden or officer.
TITLE EIGHT: CRIMES AGAINST PERSONS
Chapter One: Destruction of Life (Arts. 246-
261)
Section One - Parricide, Murder, Homicide
 ART. 246 - PARRICIDE
ELEMENTS:
1. That a person is killed;
2. That the deceased is killed by the
accused; and
3. That the deceased is the father, mother, or
child, whether legitimate or illegitimate, or
a legitimate other ascendant or other
descendant, or the legitimate spouse, of
the accused.
CASES OF PARRICIDE WHEN THE
PENALTY SHALL NOT BE RECLUSION
PERPETUA TO DEATH:
1. Parricide through negligence (Art. 365)
2. Parricide by mistake (Art. 249)
3. Parricide under exceptional circumstances
(Art. 247)

Relationship of the offender with the victim
is the essential element of the crime.
Hence:

If a person wanted to kill a stranger
but by mistake killed his own father,
he will be held liable for parricide BUT
Art. 49 will apply as regards the proper
penalty to be imposed.

A stranger who cooperates and takes
part in the commission of the crime of
parricide is not guilty of parricide but
only of homicide or murder, as the
case may be. The key element in
parricide is the relationship of the
offender with the victim. (People vs.
Dalag, G.R. No. 129895, April 30,
2003)

The law does not require knowledge of
relationship, thus, a person who killed
another not knowing that the latter was his
son will still be held guilty of parricide.

The fact that the wife was not shot in a
vital part of her body does not negate
intent to kill on the part of husband. The
extent of the injuries sustained by the wife
manifests the intention to extinguish her
life. (People vs. Nepomuceno, G.R. No.
127818, November 11, 1998)

Under Art. 246 of the RPC, in case of
other ascendants like grandparents, great-
grandparents, etc., the relationship with
the killer must be legitimate. The same is
true with other descendants like
grandchildren, great grandchildren, etc.
 ART. 247 - DEATH OR PHYSICAL
INJURIES INFLICTED UNDER
EXCEPTIONAL CIRCUMSTANCES
ELEMENTS:
1. That a legally married person or a parent
surprises his spouse or his daughter, the
latter under 18 years of age and living with
him, in the act of committing sexual
intercourse with another person;
2. That he or she kills any or both of them, or
inflicts upon any or both of them any
serious physical injury, in the act or
immediately thereafter; and
3. That he has not promoted or facilitated the
prostitution of his wife or daughter, or that
he or she has not consented to the
infidelity of others.

This article does not define and penalize a
felony. It provides for the imposition of the
penalty of destierro rather than the
ordinary penalty for parricide.

The requisites of Art. 247 must be
established by the evidence of the defense
since the prosecution will have to charge
the defendant with parricide and/or
homicide, in case death results, or of
serious physical injuries in other cases.

For Art. 247 to apply, the offender must
prove that he actually surprised his wife
and (her paramour) in flagrante delicto,
and that he killed the man during or
immediately thereafter. Evidence of the
victim’s promiscuity, is inconsequential to
the killing. (People vs. Puedan, G.R. No.
139576, September 2, 2002)

The discovery, the escape, the pursuit and
the killing must all form part of one
continuous act.

The accused must be a legally married
person.

Applicable only when daughter is single.
JUSTIFICATION for Art. 247:
The law considers the spouse or parent as
acting in a justified burst of passion.
 ART. 248 - MURDER
MURDER - unlawful killing of any person
which is not parricide or infanticide, provided
that any of the following circumstances is
present:
1. With treachery, taking advantage of
superior strength, with the aid of armed
men, or employs means to weaken the
defense, or of means or persons to insure
or afford impunity;
2. In consideration of a price, reward or
promise;
3. By means of inundation, fire, poison,
shipwreck, stranding of a vessel,
derailment or assault upon a railroad, fall
of an airship, by means of motor vehicles,
or with the use of any other means
involving great waste and ruin;
4. On occasion of any calamities enumerated
in the preceding paragraph, or of an
earthquake, eruption of a volcano,
destructive cyclone, epidemic, or any other
public calamity;
5. With evident premeditation; or
6. With cruelty, by deliberately and
inhumanly augmenting the suffering of the
victim, or outraging or scoffing at his
person or corpse. (As amended by R.A.
no. 7659)
ELEMENTS:
1. That a person was killed;
2. That the accused killed him;
3. That the killing was attended by any of the
qualifying circumstances mentioned in Art.
248; and
4. That the killing is not parricide or
infanticide.
RULES FOR THE APPLICATION OF THE
CIRCUMSTANCES WHICH QUALIFY THE
KILLING TO MURDER:
A. That murder will exist with only one of the
circumstances described in Art. 248.
B. That when the other circumstances are
absorbed or included in one qualifying
circumstance, they cannot be considered
as generic aggravating.
C. That any of the qualifying circumstances
enumerated in Art. 248 must be alleged in
the information.

Dismemberment of a dead body is one
manner of outraging or scoffing at the
corpse of the victim, and qualifies the
killing to murder (People vs. Guillermo,
G.R. No. 147786. January 20, 2004)

Outraging (physical act) – means to
commit an extremely vicious or deeply
insulting act.

Scoffing (verbal act) – means to jeer, and
implies a showing of irreverence.

R.A. 7659 restored the death penalty and
increased the penalty for murder to
reclusion perpetua to death.

If homicide or murder is committed with
the use of an unlicensed firearm, such use
of an unlicensed firearm shall be
considered as an aggravating
circumstance. (R.A. NO. 8294, Sec. 1)
 ART. 249 - HOMICIDE
HOMICIDE - The unlawful killing of any
person, which is neither parricide, murder nor
infanticide.

Intent to kill is conclusively presumed
when death results; evidence of intent to
kill is important only in attempted or
frustrated homicide.

Intent to kill is usually shown by the kind of
weapon used and part of the body
wounded.
ELEMENTS:
1. That a person was killed;
2. That the accused killed him without any
justifying circumstance;
3. That the accused had the intention to kill,
which is presumed; and
4. That the killing was not attended by any of
the qualifying circumstances of murder, or
by that of parricide or infanticide.
ACCIDENTAL HOMICIDE - is the death of a
person brought about by a lawful act
performed with proper care and skill and
without homicidal intent. e.g. death in boxing
bout.
In all crimes against persons in which the
death of the victim is an element of an offense,
there must be satisfactory evidence of (1) the
fact of death and (2) the identity of the victim.
When there is no way of determining how the
attack was committed, treachery cannot be
considered and the accused is guilty of
homicide only. (People vs. Dela Cruz, G.R.
No. 152176, October 1, 2003)
 ART. 250 - PENALTY FOR FRUSTRATED
PARRICIDE, MURDER, OR HOMICIDE

Courts may impose a penalty two degrees
lower for frustrated parricide, murder or
homicide.

Courts may impose a penalty three
degrees lower for attempted parricide,
murder or homicide.
 ART. 251 - DEATH CAUSED IN A
TUMULTUOUS AFFRAY
ELEMENTS:
1. That there be several persons;
2. That they did not compose groups
organized for the common purpose of
assaulting and attacking each other
reciprocally;
3. That these several persons quarreled and
assaulted one another in a confused and
tumultuous manner;
4. That someone was killed in the course of
the affray;
5. That it cannot be ascertained who actually
killed the deceased; and
6. That the person or persons who inflicted
serious physical injuries or who used
violence can be identified.
PERSONS LIABLE:
1. The person or persons who inflicted the
serious physical injuries are liable.
2. If it is not known who inflicted the serious
physical injuries on the deceased – all the
persons who used violence upon the
person of the victim are liable, but with
lesser liability.
TUMULTUOUS AFFRAY - a melee or free-
for-all, where several persons not comprising
definite or identifiable groups attack one
another in a confused and disorganized
manner resulting in the death or injury of one
or some of them.

When the quarrel is between a distinct
group of individuals, one of whom was
sufficiently identified as the principal
author of the killing, as against a common,
particular victim, it is not a "tumultuous
affray" within the meaning of Art. 251 of
the RPC. (People vs. Unlagada, GR No.
141080, September 17, 2002) In such a
case, the crime committed is homicide
under Art. 249.

The victim may be a participant or non-
participant thereof.
 ART. 252 - PHYSICAL INJURIES
INFLICTED IN A TUMULTUOUS AFFRAY
ELEMENTS:
1. That there is a tumultuous affray as
referred to in Art. 251;
2. That a participant or some participants
thereof suffer serious physical injuries or
physical injuries of a less serious nature
only;
3. That the person responsible therefor
cannot be identified; and
4. That all those who appear to have used
violence upon the person of the offended
party are known.

Injured/victim must be a participant in the
affray
 ART. 253 - GIVING ASSISTANCE TO
SUICIDE
PUNISHABLE ACTS:
1. By assisting another to commit suicide,
whether the suicide is consummated or
not;
2. By lending his assistance to another to
commit suicide to the extent of doing the
killing himself.

A person who attempts to commit suicide
is not criminally liable.

The penalty for giving assistance to
suicide if the offender is the father, mother,
child or spouse of the one committing
suicide is the same since the law does not
distinguish.
EUTHANASIA or “Mercy-Killing” - is a
practice of painlessly putting to death a person
suffering from some incurable disease.

A doctor who resorted to euthanasia may
be held liable for murder under Art. 248
since euthanasia is not giving assistance
to suicide.
 ART. 254 - DISCHARGE OF FIREARMS
ELEMENTS:
1. That the offender discharges a firearm
against or at another person; and
2. That the offender has no intention to kill
that person.

It is not applicable to police officers in the
performance of their duties.

The PURPOSE of the offender is only to
intimidate or frighten the offended party.

If in the discharge of firearm, the offended
party is hit and wounded, there is a
complex crime of discharge of firearm with
serious or less serious physical injuries;
BUT if only slight physical injuries were
inflicted, there is no complex crime since
such physical injuries constitute a light
felony.

The crime is discharge of firearm even if
the gun was not pointed at the offended
party when it was fired, as long as it was
initially aimed by the accused at or against
the offended party.
Section Two - Infanticide and Abortion
 ART. 255 - INFANTICIDE
INFANTICIDE - is the killing of any child less
than three days of age, whether the killer is the
parent or grandparent, any other relative of the
child, or a stranger.
ELEMENTS:
1. That a child was killed;
2. That the deceased child was less than
three days (72 hours) of age; and
3. That the accused killed the said child.

No crime of infanticide is committed if the
child has been dead or if, although born
alive, it could not sustain an independent
life when it was killed.

Father or mother or legitimate other
ascendant who kills a child less than three
days old - to suffer penalty for parricide.

Other person who kills or who cooperates
with the mother or maternal grandparent in
killing a child less than three days old - to
suffer the penalty for murder.

Only the mother and the maternal
grandparents of the child are entitled to
the mitigating circumstance of concealing
the dishonor.
 ART. 256 - INTENTIONAL ABORTION
INTENTIONAL ABORTION - willful killing of
the foetus in the uterus or the violent expulsion
of the foetus from the maternal womb of the
mother.
Ways of Committing Intentional Abortion
1. By using any violence upon the person of
the pregnant woman;
2. By acting, without using violence and
without the consent of the woman (by
administering drugs or beverages upon
such pregnant woman without her
consent); and
3. By acting, with the consent of the pregnant
woman (by administering drugs or
beverages).
ELEMENTS:
1. That there is a pregnant woman;
2. That violence is exerted, or drugs or
beverages administered, or that the
accused otherwise acts upon such
pregnant woman;
3. That as a result of the use of violence or
drugs or beverages upon her, or any other
act of the accused, the foetus dies, either
in the womb or after having been expelled
therefrom; and
4. That the abortion is intended
Person liable in Intentional Abortion:
1. The person who intentionally caused the
abortion under Art. 256;
2. The pregnant woman if she consented
under Art. 258.

As long as the foetus dies as a result of
the violence used or the drugs
administered, the crime of abortion exists,
even if the foetus is over or less than 6
months, or is full term.

If the foetus could sustain an independent
life (the foetus must have an intrauterine
life of not less than 7 months) after its
separation from the maternal womb, and it
is killed, the crime is infanticide, not
abortion.
 ART. 257 - UNINTENTIONAL ABORTION
ELEMENTS:
1. That there is a pregnant woman;
2. That violence is used upon such pregnant
woman without intending an abortion;
3. That the violence is intentionally exerted;
and
4. That as a result of the violence, the foetus
dies, either in the womb or after having
been expelled therefrom.
 ART. 258 - ABORTION PRACTICED BY
THE WOMAN HERSELF OR HER PARENTS
ELEMENTS:
1. That there is a pregnant woman who has
suffered an abortion;
2. That the abortion is intended; and
3. That the abortion is caused by –
a) the pregnant woman herself;
b) any other person , with her consent; or
c) any of her parents, with her consent,
for the purpose of concealing her
dishonor.

Under a and b above, the woman is liable
under Art. 258; while the third person
under b is liable under Art. 256.

If the purpose is other than to conceal the
woman’s dishonor, abortion by any of her
parents falls under Art. 256.

Liability of the pregnant woman is
mitigated if the purpose is to conceal her
dishonor.
 ART. 259 - ABORTION PRACTICED BY A
PHYSICIAN OR MIDWIFE IN DISPENSING
OF ABORTIVES

ELEMENTS:
1. That there is a pregnant woman who has
suffered an abortion;
2. That the abortion is intended;
3. That the offender, who must be a
physician or midwife, causes, or assists in
causing the abortion; and
4. That said physician or midwife takes
advantage of his or her scientific
knowledge or skill.
As to PHARMACISTS, the ELEMENTS are:
1. That the offender is a pharmacist;
2. That there is no proper prescription from a
physician; and
3. That the offender dispenses any abortive.

As to pharmacists, crime is consummated
by dispensing abortive without proper
prescription from a physician. It is not
necessary that the abortive was actually
used.

It is immaterial that the pharmacist knows
that the abortive would be used for
abortion. Otherwise, he shall be liable as
an accomplice should abortion result from
the use thereof.
Section Three - Duel
 ART. 260 - RESPONSIBILITY OF
PARTICIPANTS IN A DUEL
PUNISHABLE ACTS:
1. By killing one’s adversary in a duel;
2. By inflicting upon such adversary physical
injuries; and
3. By making a combat although no physical
injuries have been inflicted.
PERSONS LIABLE:
1. The person who killed or inflicted physical
injuries upon his adversary or both
combatants in any other case, as
principals.
2. The seconds, as accomplices.
DUEL - a formal or regular combat previously
concerted between two parties in the presence
of two or more seconds of lawful age on each
side, who make the selection of arms and fix
all other conditions of the fight.
SECONDS – the persons who make the
selection of the arms and fix the other
conditions of the fight
 ART. 261 - CHALLENGING TO A DUEL
PUNISHABLE ACTS:
1. By challenging another to a duel;
2. By inciting another to give or accept a
challenge to a duel; and
3. By scoffing or decrying another publicly for
having refused to accept a challenge to
fight a duel.
PERSONS LIABLE:
1. Challenger
2. Instigators
Chapter Two: Physical Injuries (Arts. 262-
266)
 ART. 262 - MUTILATION
TWO KINDS:
1. By intentionally mutilating another by
depriving him, either totally or partially, of
some essential organ for reproduction
(castration).
2. By intentionally making other mutilation,
that is, by lopping or clipping off any part
of the body of the offended party, other
than the essential organ for reproduction,
to deprive him of that part of the body
(mayhem).
ELEMENTS OF THE FIRST KIND:
1. That there be castration, that is, mutilation
of organs necessary for generation, such
as penis or ovarium; and
2. That the mutilation is caused purposely
and deliberately, that is, to deprive the
offended party of some essential organ for
reproduction.

The law looks not only to the result but
also to the intention or purpose of the act

As to the second kind, the offender must
have the deliberate intention to deprive the
offended party of a part of his body.
 ART. 263 - SERIOUS PHYSICAL
INJURIES
HOW COMMITTED:
1. by wounding;
2. by beating;
3. by assaulting; or
4. by administering injurious substance.
SERIOUS PHYSICAL INJURIES
1. When the injured person becomes insane,
imbecile, impotent or blind in consequence
of the physical injuries inflicted;
2. When the injured person –
a) loses the use of speech or the
power to hear or to smell, or loses an
eye, a hand, a foot, an arm, or a leg;
b) loses the use of any such
member; or
c) becomes incapacitated for the
work in which he was therefore
habitually engaged, in consequence of
the physical injuries inflicted;
3. When the person injured -
a) becomes deformed, or
b) loses any other member of his body,
or
c) loses the use thereof, or
d) becomes ill or incapacitated for the
performance of the work in which he
was habitually engaged for more than
90 days, in consequence of the
physical injuries inflicted.
4. When the injured person becomes ill or
incapacitated for labor for more than 30
days (but must not be more than 90 days),
as a result of the physical injuries inflicted.

There must be NO INTENT TO KILL;
otherwise, the crime would be attempted
or frustrated homicide, parricide or murder,
as the case maybe.

Where the category of the offense of
serious physical injuries depends on the
period of illness or incapacity for labor,
there must be evidence of that length of
that period; otherwise, the offense shall
only be slight physical injuries.
Attempted or
Physical Injuries Frustrated
Homicide
The offender inflicts Attempted homicide
physical injuries. may be committed,
even if no physical
injuries are inflicted.
Offender has no intent The offender has an
to kill the offended intent to kill the
party. offended party.
REQUISITES OF DEFORMITY:
1. Physical ugliness;
2. Permanent and definite abnormality; and
3. Must be conspicuous and visible.

Medical Attendance is not important in
serious physical injuries
QUALIFYING CIRCUMSTANCES:
1. Offense committed against persons
enumerated in the crime of parricide.
2. With the attendance of circumstance
which qualify the crime to murder.

The “qualified penalties” are not applicable
to parents who inflict serious physical
injuries upon their children by excessive
chastisement.
 ART. 264 - ADMINISTERING INJURIOUS
SUBSTANCE OR BEVERAGES
ELEMENTS:
1. That the offender inflicted upon another
any serious physical injury;
2. That it was done by knowingly
administering to him any injurious
substances or beverages or by taking
advantage of his weakness of mind or
credulity; and
3. That he had no intent to kill.

It is frustrated murder if there was intent to
kill.
 ART. 265 - LESS SERIOUS
PHYSICAL INJURIES
ELEMENTS:
1. The offended party is incapacitated for
labor for 10 days or more but not more
than 30 days, or needs attendance for the
same period; and
2. The physical injuries must not be those
described in the preceding articles.
QUALIFIED LESS SERIOUS PHYSICAL
INJURIE:
1. A fine not exceeding P500, in addition to
arresto mayor, shall be imposed for less
serious physical injuries when:
a) there is manifest intent to insult or
offend the injured person; or
b) there are circumstances adding
ignominy to the offense.
2. A higher penalty is imposed when the
victim is either:
a) The offender’s parent, ascendant,
guardian, curator or teacher; or
b) Persons of rank or persons in
authority, provided the crime is not
direct assault.
The law includes 2 subdivisions, to wit:
1. the inability for work; and
2. the necessity for medical attendance

Therefore, although the wound required
medical attendance for only 2 days, yet, if
the injured party was prevented from
attending to his ordinary labor for a period
of 29 days, the physical injuries sustained
are denominated as less serious.

In the absence of proof as to the period of
the offended party’s incapacity for labor or
of required medical attendance, offense
committed is only slight physical injuries.
 ART. 266 - SLIGHT PHYSICAL INJURIES
AND MALTREATMENT
KINDS:
1. Physical injuries which incapacitated the
offended party from one to nine days, or
required medical attendance during the
same period;
2. Physical injuries which did not prevent the
offended party from engaging in his
habitual work or which did not require
medical attendance; and
3. Ill-treatment of another by deed without
causing any injury

When there is no evidence of actual injury,
it is only slight physical injuries.
ANTI-HAZING LAW
(R.A. No. 8049)
HAZING – is an initiation rite or practice as a
prerequisite for admission into membership in
a fraternity, sorority or organization by placing
the recruit, neophyte or applicant in some
embarrassing or humiliating situations such as
forcing him to do menial, silly, foolish, and
similar activities or otherwise subjecting him to
physical or psychological suffering or injury.
PERSONS LIABLE:
1. Officers and members of the fraternity,
sorority or organization who actually
participated in the infliction of physical
harm shall be liable as principals - if the
person subjected to hazing suffers any
physical injury or dies as a result thereof.
2. Owner of the place where the hazing is
conducted shall be liable as an accomplice
- when he has actual knowledge of the
hazing conducted therein but failed to take
any action to prevent the same from
occurring.
3. Parents shall be liable as principals - when
they have actual knowledge of the hazing
conducted in the home of one of the
officers or members of the fraternity,
sorority or organization, but failed to
prevent the same.

The presence of “any person” (i.e. whether
or not member of the fraternity/sorority)
during the hazing is prima facie evidence
of participation therein as a principal
UNLESS he prevented the commission of
the prohibited acts.

The mitigating circumstance that there
was no intention to commit so grave a
wrong shall not apply. (Sec. 4, par. e, R.A.
No. 8049)
Chapter Three: RAPE (Arts. 266-A – 266-B)
 ART. 266-A - THE ANTI-RAPE LAW
(RA 8353)
Classification of Rape
1. Traditional Rape under Art. 335
2. Sexual Assault under R.A. 8353
How rape is committed:
1. By a man who shall have carnal
knowledge of a woman under any of the
following circumstances:
a) Through force, threat or intimidation
b) When the offended party is deprived
of reason or otherwise unconscious
c) By means of fraudulent machinations
or grave abuse of authority
d) When the offended party is under
twelve (12) years of age or is
demented, even though none of the
circumstances mentioned above be
present
2. By any person who, under any of the
circumstances mentioned in paragraph 1
hereof, shall commit an act of sexual
assault by inserting his penis into another
person’s mouth or anal orifice of another
person.

Under R.A. 8353, the crime of rape can
now be committed by a male or a female.

There is no crime of frustrated rape. The
slightest penetration or mere touching of
the genitals consummates the crime of
rape.

In Statutory Rape, the offender’s
knowledge of the victim’s age is
IMMATERIAL.

 ART. 266-B - QUALIFIED RAPE
(Punishable by DEATH)
1. When the victim is under 18 years of age
and the offender is a parent, ascendant,
step-parent, guardian, relative by
consanguinity or affinity within the third
civil degree, or the common law spouse of
the parent of the victim;

The statement that the victim “is the
minor daughter” of the offender is not
enough. It is essential that the
information must state the exact age
of the victim at the time of the
commission of the crime. (People v.
Baniguid, G.R. No. 137714, Sept. 8,
2000.)

The relationship of stepdaughter and
stepfather presupposes a legitimate
relationship between the victim’s
mother and the offender, i.e., they
were married after the marriage of the
victim’s mother to her father was
dissolved. (People vs. Melendres,
G.R. 133999-4001, Aug. 31, 2000).
2. When the victim is under the custody of
the police or military authorities or any law
enforcement or penal institution;
3. When the rape is committed in full view of
the spouse, parent, or any of the children
or other relatives within the third civil
degree of consanguinity;
4. When the victim is a religious engaged in
legitimate religious vocation or calling and
is personally known to be such by the
offender before or at the time of the
commission of the crime;
5. When the victim is a child below 7 years
old;
6. When the offender knows that he is
afflicted with HIV/AIDS or any other
sexually transmissible disease and the
virus or disease is transmitted to the
victim;
7. When committed by any member of the
AFP or para-military units thereof of the
PNP or any law enforcement agency or
penal institution, when the offender took
advantage of his position to facilitate the
commission of the crime;
8. When by reason or on the occasion of the
rape, the victim has suffered permanent
physical mutilation or disability;
9. When the offender knew the pregnancy of
the offended party at the time of the
commission of the crime;
10. When the offender knew the mental
disability, emotional disorder and/or
physical disability of the offended party at
the time of the commission of the crime.

Death shall also be imposed when
homicide is committed (this is a special
complex crime).
 ART. 266-C - EFFECT OF PARDON
EFFECTS OF PARDON:
1. The subsequent valid marriage between
the offender and the offended party shall
extinguish criminal liability;
2. The subsequent forgiveness of the wife to
the legal husband shall extinguish the
criminal action or the penalty.

Since rape is now a crime against
persons, marriage extinguishes that penal
action and the penalty only as to the
principal, i.e. the husband, but not as to
the accomplices and accessories.

The principle does not apply where
MULTIPLE RAPE was committed because
while marriage with one defendant,
extinguishes the criminal liability, its
benefits cannot be extended to the acts
committed by the others of which he is a
co-principal.
 ART. 266-D - PRESUMPTIONS
EVIDENCE WHICH MAY BE ACCEPTED IN
THE PROSECUTION OF RAPE:
1. Any physical overt act manifesting
resistance against the act of rape in any
degree from the offended party; or
2. Where the offended party is so situated as
to render him/her incapable of giving his
consent

Initial penetration consummates the crime
even if there is no resistance afterwards.
TITLE NINE: CRIMES AGAINST PERSONAL
LIBERTY AND SECURITY
Chapter One: Crimes Against Liberty (Arts.
267-274)
Section One – Illegal detention
 ART. 267 – KIDNAPPING AND SERIOUS
ILLEGAL DETENTION
accused intended to deprive their victims
of their liberty for some time and for some
purpose, and there being no appreciable
interval between their being taken and
their being shot from which kidnapping
may be inferred, the crimes committed
were murder and frustrated murder and
not the complex crimes of kidnapping with
murder and kidnapping with frustrated
murder.

ELEMENTS:
There is no kidnapping with murder, but

1. That the offender is a private individual. only murder where a 3-year old child was
2. That he kidnaps or detains another, or in gagged, hidden in a box where it died and
any other manner deprives the latter of his ransom asked. The demand for ransom
liberty. did not convert the offense in to
3. That the act of detention or kidnapping kidnapping with murder. The defendant
must be illegal. was well aware that the child would be
4. That in the commission of the offense, any suffocated to death in a few moments after
of the following circumstances is present: she left. The demand for ransom is only a
a) That the kidnapping or detention lasts part of the diabolic scheme of the
for more than 3 days. defendant to murder the child, to conceal
b) That it is committed simulating public his body and then demand money before
authority. the discovery of the cadaver. (People vs.
c) That any serious physical injuries are Lora, G.R. No.49430. March 30, 1982)
inflicted upon the person kidnapped or
detained or threats to kill him are ILLEGAL ARBITRARY
made; or DETENTION DETENTION
d) That the person kidnapped or Committed by a private Committed by a public
detained is a minor, female, or a individual who officer or employee who
public officer (cited in People vs. unlawfully kidnaps, detains a person
Mercado) detains or otherwise without legal ground
deprives a person of
liberty.
QUALIFYING CIRCUMSTANCES: DEATH Crime is against Crime against the
PENALTY IS IMPOSED personal liberty and fundamental law of the
a) Purpose is to extort ransom, or security State
b) If victim is killed, raped or tortured as a
consequence  ART. 268 – SLIGHT ILLEGAL
DETENTION

The essential element or act which makes
the offense kidnapping is the deprivation ELEMENTS:
of an offended party’s liberty under any of 1. That the offender is a private individual.
the four circumstances enumerated. BUT 2. That he kidnaps or detains another, or in
when the kidnapping or detention was any manner deprives him of his liberty.
committed for the purpose of extorting 3. That the act of kidnapping or detention is
ransom, it is not necessary that one or any illegal.
of such circumstances enumerated in the 4. That the crime is committed without the
first par. of Art. 267 be present. attendance of the circumstances
enumerated in Art. 267.

Where the person kidnapped is killed in
the course of the detention, regardless of LIABILITY IS MITIGATED WHEN:
whether the killing was purposely sought 1. Offender voluntarily releases the person
or was merely an afterthought, the so kidnapped or detained within three
kidnapping and murder or homicide can no days from the commencement of the
longer be complexed under Art. 48 nor be detention
treated as separate crimes but shall be 2. Without having attained the purpose
punished as special complex crime under intended; and
the last paragraph of Art. 267, as 3. Before the institution of criminal
amended by RA 7659. proceedings against him.

Where there is no showing that the
1, 2, and 3 must concur.

 ART. 269 – UNLAWFUL ARREST
ELEMENTS:
1. That the offender arrests or detains
another person
2. That the purpose of the offender is to
deliver him to the proper authorities
3. That the arrest or detention is not
authorized by law

Inducement must be (a) actual, (b)
committed with criminal intent and (c)
determined by a will to cause damage.

Father or mother may commit crimes
under ARTS. 270 & 271- where they are
living separately and the custody of the
minor children has been given to one of
them

No period of detention is fixed by law Section Three – Slavery and Servitude

under Art. 269 but the motive of the
offender is controlling.  ART. 272 – SLAVERY

DELAY IN THE ELEMENTS:

DELIVERY OF UNLAWFUL 1. That the offender purchases, sells,
DETAINED ARREST (Art. 269) kidnaps or detains a human being
PERSONS (Art. 125) 2. That the purpose of the offender is to
Detention is for some Detention is not enslave such human being
legal ground authorized by law QUALIFYING CIRCUMSTANCE: When the
Crime is committed by Committed by making purpose of the offender is to assign the
failing to deliver such an arrest not authorized offended party to some immoral traffic
person to the proper by law
judicial authority within
a certain period
 ART. 273 – EXPLOITATION OF CHILD
LABOR
Section Two – Kidnapping of minors ELEMENTS:
1. The offender retains a minor in his service
 ART. 270 – KIDNAPPING AND FAILURE
2. Against the will of the minor
TO RETURN A MINOR 3. That it is under pretext of reimbursing
himself of a debt incurred by an
ELEMENTS:
ascendant, guardian or person entrusted
1. That the offender is entrusted with the with the custody of such minor
custody of a minor person (less than 18
years old)
2. That he deliberately fails to restore the  ART. 274 – SERVICES RENDERED
said minor to his parents or guardian UNDER COMPULSION IN PAYMENT

When committed by either parent, penalty ELEMENTS:
is only arresto mayor. 1. That the offender compels a debtor to
work for him, either as household servant
or farm laborer.
Art. 267 Art. 270 2. That it is against the debtor’s will.
Offender is not Offender is entrusted 3. That the purpose is to require or enforce
entrusted with the with the custody of the the payment of a debt.
custody of the victim minor
Art. 273 Art. 274
 ART. 271 – INDUCING A MINOR TO Victim is a minor Does not distinguish
ABANDON HIS HOME whether the victim is a
minor or not
Minor is compelled to Debtor himself is the
ELEMENTS: render services for the one compelled to work
1. That a minor (less than 18 years old) is supposed debt of his for the offender
living in the home of his parents or parent or guardian
guardian or the person entrusted with his Service of minor is not Limited to household
custody. limited to household and farm work
2. That the offender induces said minor to and farm work
abandon such home.
  ART. 277 – ABANDONMENT OF MINOR
Chapter Two: Crimes Against Security ENTRUSTED WITH HIS CUSTODY;
(Arts. 275-289) INDIFFERENCE OF PARENTS

Section One – Abandonment of helpless

persons and Exploitation of minors PUNISHABLE ACTS:
1. By delivering a minor to a public institution
 ART. 275 – ABANDONMENT OF or other persons without the consent of the
PERSONS IN DANGER AND one who entrusted such minor to the care
ABANDONMENT OF ONE’S OWN VICTIM of the offender or, in the absence of that
one, without the consent of the proper
PUNISHABLE ACTS: authorities.
1. By failing to render assistance to any 2. By neglecting his (offender’s) children by
person whom the offender finds in an not giving them the education which their
uninhabited place wounded or in danger of station in life requires and financial
dying when he can render such assistance condition permits.
without detriment to himself, unless such
omission shall constitute a more serious
offense. ELEMENTS OF ABANDONMENT OF
MINOR:
ELEMENTS: 1. That the offender has charge of the
a) The place is not inhabited rearing or education of a minor
b) The accused found there a person 2. That he delivers said minor to a public
wounded or in danger of dying institution or other persons
c) The accused can render assistance 3. That the one who entrusted such child to
without detriment to himself the offender has not consented to such
d) The accused fails to render assistance act, or if the one who entrusted such child
to the offender is absent, the proper
2. By failing to help or render assistance to authorities have not consented to it
another whom the offender has
accidentally wounded or injured.
ELEMENTS OF INDIFFERENCE OF
3. By failing to deliver a child, under seven PARENTS:
years of age whom the offender has found 1. That the offender is a parent
abandoned, to the authorities or to his 2. That he neglects his children by not giving
family, or by failing to take him to a safe them education
place. 3. That his station in life requires such
education and his financial condition
permits it
 ART. 276 – ABANDONING A MINOR

Failure to give education must be due to
ELEMENTS: deliberate desire to evade such obligation.
1. That the offender has the custody of a
child. ABANDONMENT OF
2. That the child is under seven years of age. MINOR BY
ABANDONMENT OF
3. That he abandons such child. PERSONS
MINOR
4. That he has no intent to kill the child when ENTRUSTED WITH
CUSTODY
(ART. 276)
the latter is abandoned.
(ART. 277)
Circumstances qualifying the offense: The custody of the The custody of the
offender is specific, that offender is stated in
1. When the death of the minor resulted from is, the custody for the general
such abandonment; or rearing or education of
2. If the life of the minor was in danger the minor
because of the abandonment Minor is under 18 yrs. Minor is under 7 years
of age of age

The act must be conscious and deliberate Minor is delivered to a Minor is abandoned in
such that the abandonment deprives the public institution or such a way as to
child of the care and protection from other person deprive him of the care
danger to his person. and protection that his
tender years need

Imposition of the penalties prescribed in
 ART. 278 – EXPLOITATION OF MINORS. the preceding articles shall not prevent the
imposition upon the same person of the
PROHIBITED ACTS: penalty provided for any other felonies
1. Causing any boy or girl under 16 years of defined and punished under the code
age to perform any dangerous feat of
balancing, physical strength, or contortion,
the offender being any person Section Two – Trespass to dwelling
2. Employing children under 16 years of age
who are not children or descendants of the  ART. 280 – QUALIFIED TRESPASS TO
offender in exhibitions of acrobat, DWELLING
gymnast, rope-walker, diver, or wild animal
tamer, the offender being an acrobat, etc., ELEMENTS:
or circus manager or engaged in a similar 1. That the offender is a private person.
calling 2. That he enters the dwelling of another.
3. Employing any descendant under 12 years 3. That such entrance is against the latter’s
of age in dangerous exhibitions will.
enumerated in the next preceding
paragraph, the offender being engaged in QUALIFYING CIRCUMSTANCE: If committed
any of said callings by means of violence/intimidation.
4. Delivering a child under 16 gratuitously to
any person following any calling
Dwelling place means any building or
enumerated in paragraph two, or to any structure exclusively devoted for rest and
habitual vagrant or beggar, the offender comfort.
being an ascendant, guardian, teacher, or
person entrusted in any capacity with the
In general, all members of a household
care of such child must be presumed to have authority to
5. Inducing any child under 16 to abandon extend an invitation to enter the house.
the home of its ascendants, guardians,
curators or teachers to follow any person
There is an implied prohibition when
engaged in any calling mentioned in entrance is made through means not
paragraph two, or to accompany any intended for ingress.
habitual vagrant or beggar, the offender
being any person EXAMPLES OF TRESPASS BY MEANS OF
VIOLENCE:
QUALIFYING CIRCUMSTANCE: Delivery of a) Pushing the door violently and maltreating
the child is made in consideration of any price, the occupants after entering.
compensation or promise b) Cutting of a ribbon or string with which the
door latch of a closed room was fastened.
The cutting of the fastenings of the door
was an act of violence.
EXPLOITATION OF INDUCING A MINOR
c) Wounding by means of a bolo, the owner
MINORS TO ABANDON HIS
of the house immediately after entrance
(ART 278, PAR. 5) HOME (ART. 271)
The purpose of No such purpose EXAMPLES OF TRESPASS BY MEANS OF
inducing the minor to INTIMIDATION:
abandon the home is to a) Firing a revolver in the air by persons
follow any person attempting to force their way into a house.
engaged in any of the
callings mentioned
b) The flourishing of a bolo against inmates
of the house upon gaining an entrance
Victim is a minor (under Victim is under 16 years
18) of age
Prohibition is not necessary when violence
or intimidation is employed by the

R.A. 7610 punishes abuse, exploitation offender.
and discrimination of minors

Trespass may be committed by the owner
of a dwelling (i.e. lessor enters the house
 ART. 279 – ADDITIONAL PENALTIES leased to another against the latter's will)
FOR OTHER OFFENSES
CASES TO WHICH THE PROVISION OF
THIS ARTICLE ARE NOT APPLICABLE:
1. If the entrance to another’s dwelling is
made for the purpose of preventing some
serious harm to himself, the occupants of
the dwelling or a third person.
2. If the purpose is to render some service to
humanity or justice.
3. If the place where entrance is made is a
café, tavern, inn and other public house,
while the same are open.
any other condition even though not
unlawful, and the offender attained his
purpose.
2. By making such threat without the offender
attaining his purpose.
3. By threatening another with the infliction
upon his person, honor or property or that
of his family of any wrong amounting to a
crime, the threat not being subject to a
condition.

 ART. 281 – OTHER FORMS OF QUALIFYING CIRCUMSTANCE: If threat was

TRESPASS made in writing or through a middleman

ELEMENTS: ELEMENTS OF GRAVE THREATS WHERE

1. That the offender enters the closed THE OFFENDER ATTAINED HIS PURPOSE:
premises or the fenced estate of another. 1. That the offender threatens another
2. That the entrance is made while either of person with the infliction upon the latter’s
them is uninhabited. person, honor or property, or upon that of
3. That the prohibition to enter be manifest. the latter’s family, of any wrong.
4. That the trespasser has not secured the 2. That such wrong amounts to a crime.
permission of the owner or the caretaker 3. That there is a demand for money or that
thereof. any other condition is imposed, even
though not unlawful.
QUALIFIED 4. That the offender attains his purpose.
OTHER FORMS OF
TRESPASS TO
TRESPASS
DWELLING ELEMENTS OF GRAVE THREATS NOT
(ART. 281)
(ART. 280) SUBJECT TO A CONDITION:
Offender is a private The offender is any 1. That the offender threatens another
person person person with the infliction upon the latter’s
Offender enters a Offender enters closed person, honor, or property, or upon that of
dwelling house premises or fenced the latter’s family, of any wrong.
estate without securing
2. That such wrong amounts to a crime.
the permission of the
owner or caretaker 3. That the threat is not subject to a
thereof condition.
Place entered is Place entered is
inhabited uninhabited
In the crime of threats, it is essential that
Act constituting the It is the entering the there be intimidation.
crime is entering the closed premises or the
dwelling against the will fenced estate without  ART. 283 – LIGHT THREATS
of the owner securing the permission
of the owner or ELEMENTS:
caretaker thereof
1. That the offender makes a threat to
Prohibition to enter is Prohibition to enter
express or implied must be manifest commit a wrong.
2. That the wrong does not constitute a
crime.
Premises – signifies distinct and definite 3. That there is a demand for money or that
locality. It may mean a room, shop, building or other condition is imposed even though
definite area, but in either case, locality is not unlawful.
fixed. 4. That the offender has attained his purpose
or, that he has not attained his purpose.
Section Three – Threats and coercion
 ART. 284 - BOND FOR GOOD BEHAVIOR
 ART. 282 – GRAVE THREATS
WHEN A PERSON IS REQUIRED TO GIVE
PUNISHABLE ACTS: BAIL BOND:
1. Threatening another with the infliction 1. When he threatens another under the
upon his person, honor, or property or that circumstances mentioned in Art. 282.
of his family of any wrong amounting to a 2. When he threatens another under the
crime and demanding money or imposing circumstances mentioned in Art. 283.
 the exercise of the right of suffrage.
Art. 35 Art. 284 2. if the coercion is committed to compel
another to perform any religious act
Provides for bond to Provides for bond for 3. if the coercion is committed to prevent
keep the peace good behavior
another from performing any religious act
Not made applicable to Applicable only to
any particular case cases of grave threats
and light threats
It is a distinct penalty It is an additional  ART. 287 – LIGHT COERCION
penalty
If the offender fails to If he shall fail to give ELEMENTS:
give the bond, he shall bail, he shall be 1. That the offender must be a creditor.
be detained for a period sentenced to destierro 2. That he seizes anything belonging to his
not exceeding 6 mos (if debtor
prosecuted for 3. That the seizure of the thing be
grave/less grave felony) accomplished by means of violence or a
or not exceeding 30
display of material force producing
days (if prosecuted for
light felony) intimidation
4. That the purpose of the offender is to
apply the same to the payment of the debt.
 ART. 285 – OTHER LIGHT THREATS
UNJUST VEXATION (Art. 287, par. 2)

Includes any human conduct which
PROHIBITED ACTS:
although not productive of some physical
1. Threatening another with a weapon, or by
or material harm would, however, unjustly
drawing such weapon in a quarrel, unless
annoy or vex an innocent person.
it be in lawful self-defense.

In determining whether the crime of unjust
2. Orally threatening another, in the heat of
vexation is committed, the offender's act
anger, with some harm constituting a
must have caused annoyance, irritation,
crime, without persisting in the idea
vexation, torment, distress or disturbance
involved in his threat
to the mind of the person to whom it is
3. Orally threatening to do another any harm
directed
not constituting a felony. st

Light coercion under the 1 par. Of Art.
287 will be unjust vexation if the 3rd
element is absent.
 ART. 286 – GRAVE COERCION

TWO WAYS OF COMMITTING GRAVE

 ART. 288 – OTHER SIMILAR
COERCION:
COERCIONS (COMPULSORY PURCHASE
1. By preventing another by means of
OF MERCHANDISE & PAYMENT OF
violence, threats or intimidation, from WAGES BY MEANS OF TOKENS)
doing something not prohibited by law.
2. By compelling another, by means of
PROHIBITED ACTS:
violence, threats or intimidation, to do
1. Forcing or compelling, directly or indirectly,
something against his will, whether it be
or knowingly permitting the forcing or
right or wrong.
compelling of the laborer or employee of
the offender to purchase merchandise or
ELEMENTS:
commodities of any kind from him
1. That a person prevented another from
doing something not prohibited by law, or
ELEMENTS:
by compelling him to do something against a) That the offender is any person, agent
his will, be it right or wrong.
or officer of any association or
2. That the prevention or compulsion be
corporation.
effected by violence, either material force
b) That he or such firm or corporation
or such display of force as would produce
has employed laborers or employees
intimidation and control the will of the
c) That he forces or compels, directly or
offended party.
indirectly, or knowingly permits to be
3. That the person that restrained the will and
forced or compelled, any of his or its
liberty of another had no authority.
laborers or employees to purchase
merchandise or commodities of any
WHEN PRISION MAYOR SHALL BE
kind from him or from said firm or
IMPOSED:
corporation.
1. If the coercion is committed in violation of

2. Paying the wages due his laborer or
employee by means of tokens or objects
other than the legal tender currency of the
Philippines, unless expressly requested by
such laborer or employee
ELEMENTS:
a) That the offender pays the wages due
a laborer or employee employed by
him by means of tokens or objects
b) That those tokens or objects are other
than the legal tender currency of the
Philippines.
c) That such employee or laborer does
not expressly request that he be paid
by means of tokens or objects.
 ART. 289 – FORMATION ,
MAINTENANCE, & PROHIBITION OF
COMBINATION OF CAPITAL OR LABOR
THROUGH VIOLENCE OR THREATS
ELEMENTS:
1. That the offender employs violence or
threats, in such a degree as to compel or
force the laborers or employers in the free
and legal exercise of their industry or
work.
2. That the purpose is to organize, maintain
or prevent coalitions of capital or laborers
or lockout of employers.

The act should not be a more serious
offense

Preventing employee from joining any
registered labor organization is punished
under the Labor Code, not under the RPC.
Chapter Three: Discovery and Revelation
of Secrets (Arts. 290-292)
 ART. 290 – DISCOVERING SECRETS
THROUGH SEIZURE OF
CORRESPONDENCE

Prejudice is an essential element of this
offense
TITLE TEN: CRIME AGAINST PROPERTY
Chapter One: Robbery in General (Arts.
293-305)
 ART. 293 WHO ARE GUILTY
OF ROBBERY
ELEMENTS:
1. That the offender is a private individual or
even a public officer not in the exercise of
his official function
2. That he seizes the papers or letters of
another
3. That the purpose is to discover the secrets
of such other person
4. That the offender is informed of the
contents of the papers or letters seized
QUALIFYING CIRCUMSTANCE: Offender
reveals the contents of such paper or letter of
another to a third person.
ART. 290 NOT APPLICABLE:
1. parents, guardians, or persons entrusted
with the custody of minors with respect to
the papers or letters of the children or
minors placed under their care or study,
2. spouses with respect to the papers or
letters of either of them.
 ART. 291 – REVEALING SECRETS WITH
ABUSE OF OFFICE
ELEMENTS:
1. That the offender is a manager, employee
or servant
2. That he learns the secrets of his principal
or master in such capacity
3. That he reveals such secrets

Damage not necessary
 ART. 292 – REVELATION OF
INDUSTRIAL SECRETS
ELEMENTS:
1. That the offender is a person in charge,
employee or workman of a manufacturing
or industrial establishment
2. That the manufacturing/industrial
establishment has a secret of the industry
which the offender has learned
3. That the offender reveals such secrets
4. That prejudice is caused to the owner
CLASSIFICATION OF ROBBERY:
1. Robbery with violence against, or
intimidation of persons (294, 297, 298)
2. Robbery by use of force upon things
(299& 302)
ELEMENTS OF ROBBERY IN GENERAL:
1. That there be personal property (bienes
muebles) belonging to another;
2. That there is unlawful taking
(apoderamiento or asportacion) of that
property.
3. That the taking must be with intent to
gain (animus lucrandi)
4. That there is violence against or
intimidation of any person/ or force used
upon things
PERSONAL PROPERTY
As long as the personal property does not
belong to the accused who has a valid claim
thereover, it is immaterial whether said
offender stole it from the owner, a mere
possessor, or even a thief of the property.
UNLAWFUL TAKING:
1. Unlawful taking means appropriating a
thing belonging to another and placing it
under one's control or possession.
2. Unlawful taking is COMPLETE:
a) robbery with violence against or
intimidation of persons—offender has
already the possession of the thing
even if he has no opportunity to
dispose of it
b) robbery with force upon things—the
thing must be brought outside the
building for consummated robbery to
be committed
INTENT TO GAIN
Intent to gain is presumed from the unlawful
taking of personal property
VIOLENCE OR INTIMIDATION
Violence or intimidation must be present
before the taking of personal property is
complete. But when the violence results in
homicide, rape, intentional mutilation or any of
the serious physical injuries penalized in Par.
1 and 2 of Art 263, the taking of the personal
property is robbery complexed with any of
those crimes under Art. 294, even if the taking
was already complete when the violence was
used by the offender.

Art. 294 applies only where robbery with
violence against or intimidation of persons
takes place without entering an inhabited
house under the circumstances in Art.
299. When both circumstances are
present, the offense shall be considered
as a complex crime under Art. 48, and the
penalty shall be for the graver offense in
the maximum period. (Napolis v. CA, Feb
28, 1972)

If it is the owner who forcibly takes the
personalty from its lawful possessor, the
crime is estafa under Art. 316(3) since the
former cannot commit robbery on his own
property even if he uses violence or
intimidation.
Section One – Robbery with violence
against or intimidation of persons
 ART. 294- ROBBERY WITH
VIOLENCE AGAINST OR INTIMIDATION
OF PERSONS
ACTS PUNISHED UNDER THIS ARTICLE:
1. When by reason or on occasion of the
robbery, the crime of homicide is
committed; or when the robbery is
accompanied by rape or intentional
mutilation or arson.
2. When by reason or on occasion of such
robbery any of the physical injuries
resulting in insanity, imbecility, impotency
or blindness is inflicted (subdivision 1 of
Art. 263).
3. When by reason or on occasion of
robbery, any of the physical injuries
penalized in subdivision 2 of Art. 263 is
inflicted.
4. If the violence or intimidation employed in
the commission of the robbery is carried to
a degree clearly unnecessary for the
commission of the crime; or when in the
course of its execution, the offender shall
have inflicted upon any person physical
injuries covered by subdivisions 3 and 4 of
Art. 263.
5. If the violence employed by the offender
does not cause any of the serious physical
injuries defined in Art. 263, or if the
offender employs intimidation only.

These offenses are known as SPECIAL
COMPLEX CRIMES.

The term “homicide” is used in its generic
sense and includes any kind of killing,
whether parricide or murder or where
several persons are killed and the name of
this special complex crime shall remain as
robbery with homicide. The qualifying
circumstance (e.g. treachery in murder)
will only become an aggravating
circumstance.

Additional rape/s or homicide/s are not
considered aggravating. Unless and until
a law is passed providing that the
additional rape/s (or homicide/s) may be
considered aggravating, the Court must
construe the penal law in favor of the
offender as no person may be brought
within its terms if he is not clearly made so
by the statue. (People vs. Sultan, April 27,
2000)

Par. 5 is known as simple robbery
because they only involve slight or less
serious physical injuries, which are
absorbed in the crime of robbery as an
element thereof.
Threats to Extort Money vs. Robbery
through Intimidation
THREATS TO ROBBERY THRU
EXTORT MONEY INTIMIDATION
Intimidation is Intimidation is
conditional or future and immediate
Intimidation may be Intimidation is personal
through an intermediary
Intimidation may refer Intimidation is directed
to person, honor or only to the person of
property of the offended the victim
party or of his family
The gain of the culprit is The gain of the culprit is
not immediate immediate
Robbery vs. Bribery
ROBBERY BRIBERY
The victim is deprive of
He parts with his money
his money, property by
in a sense voluntarily
force or intimidation
Robbery vs. Grave Coercion
ROBBERY GRAVE COERCION
With intent to gain No intent to gain
 ART. 295-ROBBERY WITH
PHYSICAL INJURIES, COMMITTED
IN AN UNINHABITED PLACE BY A
BAND OR WITH THE USE OF FIREARM
ON A STREET, ROAD OR ALLEY
Qualified Robbery with Force Upon Things
or Intimidation of Persons:
Nos. 3,4,5 of Article 294: if committed
a) In an uninhabited place (despoblado); or
b) By a band (en cuadrilla); or
c) By attacking a moving train, street car,
motor vehicle, or airship; or
d) By entering the passengers’
compartments in a train, or in any manner
taking the passengers by surprise in their
respective conveyances; or
e) On a street, road, highway, or alley, and
the intimidation is made with use of
firearms, the offender shall be punished by
the maximum period or the proper
penalties prescribed in Art. 294.

This article provides five special
aggravating circumstances which,
because they impose the penalty in the
maximum period and cannot be offset, are
also considered as qualifying
circumstances.
Art. 294 Art. 300
Despoblado and en Both must concur
cuadrilla need not
actual concur

If the crime committed is robbery with
homicide, rape, mutilation or arson (Par. 1)
or with physical injuries under subdivision
1 of Art. 263 (Par. 2), despoblado and
cuadrilla will each be considered only as a
generic aggravating circumstance.
 ART. 296-DEFINITION OF A BAND
AND PENALTY INCURRED BY THE
MEMBERS THEREOF
OUTLINE:
a) When at least four armed malefactors take
part in the commission of a robbery, it is
deemed committed by a band.
b) When any of the arms used in the
commission of robbery is not licensed, the
penalty upon all malefactors shall be the
maximum of the corresponding penalty
provided by law without prejudice to the
criminal liability for illegal possession of
firearms.
c) Any member by a band who was present
at the commission of a robbery by the
band, shall be punished as principal of any
assaults committed by the band, unless it
be shown that he attempted to prevent the
same.

Art. 296, just like Art. 295, also applies
only to robbery under Pars. 3, 4 and 5 of
Art. 294, and not to robbery with homicide,
rape, intentional mutilation, arson or the
physical injuries in Par. 1 of Art. 263.

PD 1866 penalizes illegal possession of
firearm in addition to criminal liability for
robbery by a band.
REQUISITES FOR LIABILITY FOR THE
ACTS OF OTHER MEMBERS OF THE
BAND:
1. He was a member of the band
2. He was present at the commission of a
robbery by that band
3. The other members of that band
committed an assault
4. He did not attempt to prevent the assault

 ART. 297-ATTEMPTED AND
FRUSTRATED ROBBERY COMMITTED
UNDER CERTAIN CIRCUMSTANCES
SPECIAL COMPLEX CRIME: When by
reason or on occasion of an attempted or
frustrated robbery a homicide is committed

“Homicide” under this article is also used
in its generic sense, to include any other
unlawful killing. However, if the killing
legally constituted murder or parricide, the
offense will continue to be covered by Art.
297 with the technical name stated
therein, but the penalty shall be for murder
or parricide because Art. 297 states,
“unless the homicide (killing) committed
shall deserve a higher penalty under this
Code.”
If physical injuries were inflicted on the
victim, but no intent to kill was proved and
the victim did not die, the liability of the
offender may be as follows:
a) If the physical injuries were by reason of
the attempted or frustrated robbery as the
means for the commission of the latter, the
injuries are absorbed by the latter and the
crime shall only be attempted or frustrated
robbery.
b) If the physical injuries were inflicted only
on the occasion of the aborted robbery but
not employed as a means of committing
the latter, these will be separate crimes of
attempted or frustrated robbery and
physical injuries.
c) If both killing and physical injuries were
committed on that occasion, the crime will
be penalized in accordance with Art. 297
but the physical injuries will be absorbed.
 ART. 298-EXECUTION OF DEEDS
BY MEANS OF VIOLENCE OR
INTIMIDATION
ELEMENTS:
1. That the offender has intent to defraud
another.
2. That the offender compels him to sign,
execute, or deliver any public instrument
or document
3. That the compulsion is by means of
violence or intimidation.
Section Two – Robbery with the use of
force upon things
 ART. 299-ROBBERY IN AN
INHABITED HOUSE/PUBLIC BUILDING
OR EDIFICE DEVOTED TO WORSHIP
ELEMENTS: (Subdivision A)
1. The offender entered (a) an inhabited
house (b) a public building or (c) an edifice
devoted to religious worship
2. The entrance was effected by any of the
following means:
a) Through an opening not intended for
entrance or egress;
b) By breaking any wall, roof, floor, door,
or window;
c) By using false keys, picklocks or
similar tools; or
d) By using any fictitious name or
pretending the exercise of public
authority.
3. That once inside the building, the offender
took personal property belonging to
another with intent to gain

The whole body of the culprit must be
inside the building to constitute entering.

Not every physical force exerted by the
offender is covered by Art. 299, hence
breaking store windows to steal something
but without entry, is only theft.
ELEMENTS: (Subdivision B)
1. Offender is inside a dwelling house, public
building or edifice devoted to religious
worship, regardless of the circumstances
under which he entered.
2. The offender takes personal property
belonging to another with intent to gain
under any of the following circumstances:
a) by the breaking of doors, wardrobes,
chests, or any other kind of sealed
furniture or receptacle
b) by taking such furniture or objects
away to be broken open outside the
place of the robbery

It is estafa or theft, if the locked or sealed
receptacle is not forced open in the
building where it is kept or taken therefrom
to be broken outside.
 ART. 300 – ROBBERY IN AN
UNINHABITED PLACE AND BY A BAND

Under this article, robbery is committed in
an uninhabited place AND by a band, as
distinguished from Qualified Robbery with
Violence or Intimidation of Persons (Art
295) which is committed in an uninhabited
place OR by a band.

 ART. 301 – WHAT IS AN INHABITED
HOUSE, PUBLIC BUILDING OR BUILDING
DEDICATED TO RELIGIOUS WORSHIP
AND THEIR DEPENDENCIES
Inhabited house - means any shelter, ship, or
vessel constituting the dwelling of one or more
persons, even though the inhabitants thereof
shall temporarily be absent therefrom when
the robbery is committed.
Dependencies of an inhabited house,
public building or building dedicated to
religious worship - all interior courts, corrals,
warehouses, granaries or enclosed places (1)
contiguous to the building or edifice, (2) having
an interior entrance connected therewith, and
(3) which form part of the whole.

Orchards and other lands used for
cultivation or production are not included
in the terms of the next preceding
paragraph, even if closed, contiguous to
the building and having direct connection
therewith.
Public building - includes every building
owned by the Government or belonging to a
private person not included used or rented by
the Government, although temporarily
unoccupied by the same.
 ART. 302 – ROBBERY IN AN
UNINHABITED PLACE OR IN A
PRIVATE BUILDING

Same manner of commission as Article
299

The only difference between Arts. 299 and
302 is that the use of fictitious name or
simulation of public authority can be used
only in Art. 299 which refers to inhabited
buildings and not in Art. 302 which
involves uninhabited or other places.

While Art. 302 provides for robbery in an
“uninhabited place,” it actually means an
uninhabited house.
 ART. 303 – ROBBERY OF CEREALS,
FRUITS, OR FIREWOOD IN AN
UNINHABITED PLACE OR
PRIVATE BUILDING

Penalty is 1 degree lower when cereals,
fruits, or firewood are taken in robbery with
force upon things

Cereals are seedlings which are the
immediate product of the soil

The palay must be kept by the owner as
“seedling” or taken for that purpose by the
robbers.
 ART. 304 – POSSESSION OF
PICKLOCKS OR SIMILAR TOOLS
ELEMENTS:
1. That the offender has in his possession
picklocks or similar tools
2. That such picklocks or similar tools are
specially adopted to the commission of
robbery
3. That the offender does not have lawful
cause for such possession
 ART. 305 FALSE KEYS
INCLUSIONS:
1. Tools not mentioned in the next preceding
article
2. Genuine keys stolen from the owner
3. Any keys other than those intended by the
owner for use in the lock forcibly opened
by the offender.

A master key is a picklock and its
possession is punishable.
Chapter Two: Brigandage (Arts. 306-307)
PRESIDENTIAL DECREE 532 – modified
Arts. 306 & 307
Highway Robbery/Brigandage – is the
seizure of any person for ransom, extortion or
other unlawful purposes, or the taking away of
the property of another by means of violence
against or intimidation of persons or force
upon things or other unlawful means,
committed by any person on any Philippine
Highway.

Any person who aids or protects highway
robbers or abets the commission of
highway robbery or brigandage shall be
considered as an ACCOMPLICE.
 BRIGANDAGE b) by aiding, abetting or protecting such
PD 532
(ART. 306, RPC) band or brigands
Mere conspiracy to Mere formation of a c) by acquiring or receives property
constitute the offense of band for any purpose taken by such brigands
brigandage is not indicated in the law is
punishable punishable
(presupposes that acts
defined are actually Chapter Three: Theft (Arts. 308-311)
committed)
 ART. 308 – WHO ARE LIABLE
Offenders need not Offenders must be a
constitute a band band of robbers
FOR THEFT

ELEMENTS:
1. That there be taking of personal property
 ART. 306 BRIGANDAGE 2. That said property belongs to another
3. That the taking be done with intent to gain
ELEMENTS: 4. That the taking be done without the
1. There be at least four armed persons consent of the owner
2. They formed a band of robbers 5. That the taking be accomplished without
3. The purpose is any of the following: the use of violence against or intimidation
a) To commit robbery in a highway; or of persons or force upon things
b) To kidnap persons for the purpose of
extortion or to obtain ransom; or THE FOLLOWING ARE LIABLE FOR
c) To attain by means of force or THEFT:
violence any other purpose 1. Those who (a) with intent to gain, (b)
without violence or intimidation of persons
The only things to prove are: nor force upon things, (c) take (d) personal
1. That there is an organization of more than property (e) of another (f) without the
three armed persons forming a band of latter’s consent
robbers 2. Those who (a) having found lost property,
2. That the purpose of the band is any of (b) fail to deliver the same to the local
those enumerated in Art. 306 authorities or to its owner
3. That they went upon the highway or 3. Those who (a) after having maliciously
roamed upon the country for that purpose. damaged the property of another, (b)
4. That the accused is a member of such remove or make use of the fruits or objects
band. of the damaged caused by them
4. Those who (a) enter an enclosed estate or
BRIGANDAGE ROBBERY IN BAND a field where (b) trespass is forbidden or
Purpose: commit Purpose: commit which belonged to another, and without
robbery in highway; or robbery, not necessarily the consent of the owner, (c) hunt or fish
to kidnap person for in highways upon the same or gather fruits, cereals or
ransom; or any other
other forest or farm products
purpose attained by
force and violence
Agreement is to Agreement is to commit
Theft is not a continuing offense.
commit several a particular robbery
robberies
What distinguishes THEFT from
Mere formation is Actual commission of ROBBERY is that in theft the offender
punished robbery necessary does not use violence or intimidation or
does not enter a house or building through
any of the means specified in Art. 299 or
 ART. 307 AIDING OR ABBETING Art. 302 in taking personal property of
A BAND OF BRIGANDS another with intent to gain

ELEMENTS:
From the moment the offender gained

1. That there is a band of brigands
2. That the offender knows the band to be of
brigands
3. That the offender commits any of the
following acts:
a) by giving information about the
movement of police or other peace
officers of the government
possession of the thing, even if the culprit
had no opportunity to dispose of the same,
the unlawful taking is complete (People vs.
Salvilla, April 26, 1990).

Theft is not limited to an actual finder of
lost property who does not return or
deposit it with the local authorities but
 includes a policeman to whom he
entrusted it and who misappropriated the
same, as the latter is also a finder in law.

Theft of electricity is also punishable under
RA 7832, the Anti-Electricity and Electric
Transmission Lines/Materials Pilferage Act
of 1994.
 ART. 309 PENALTIES
THE BASIS OF PENALTY IN THEFT IS:
1. The value of the thing stolen, and in some
cases,
2. The value and the nature of the property
taken, or
3. The circumstances or causes that impelled
the culprit to commit the crime.
 ART. 310-QUALIFIED THEFT
There is qualified theft in the following
instances:
1. If theft is committed by a domestic servant
2. If committed with grave abuse of
confidence
3. If the property stolen is (a) motor vehicle,
(b) mail matter or (c) large cattle
4. If the property stolen consists of coconuts
taken from the premises of plantation.
5. If the property stolen is taken from a
fishpond or fishery
6. If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or
any other calamity, vehicular accident or
civil disturbance

Penalty for qualified theft is two degrees
higher than that provided in Art. 309.
ANTI CARNAPPING ACT of 1972
(R.A. 6539)
CARNAPPING – is the taking, with intent to
gain, of motor vehicle belonging to another
without the latter’s consent, or by means of
violence against or intimidation of persons, or
by using force upon things.

If the owner, driver or occupant of
carnapped vehicle is killed or raped in the
course of the commission of the
carnapping or on the occasion thereof, the
penalty of reclusion perpetua to death
shall be imposed.

Since Sec. 14 of RA 6539 uses the words
“IS KILLED,” no distinction must be made
between homicide and murder.
CATTLE RUSTLING LAW of 1974
(P.D. 533)
Cattle Rustling – is defined as the taking
away by means, method or scheme, without
the consent of the owner/raiser, of any large
cattle whether or not for profit or gain, or
whether committed with or without violence
against or intimidation of persons or force
upon things. It includes the killing of large
cattle or taking it as meat or hide without the
consent of the owner/raiser.
Large cattle – shall include the cow, carabao,
horse, mule, ass, or other domesticated
member of the bovine family. Goats are not
large cattle.
Presumption of Cattle Rustling: Failure to
exhibit the required documents by any person
having in his possession, control, or custody of
large cattle, upon demand by competent
authorities shall be prima facie evidence that
the large cattle in his possession, control and
custody are the fruits of the crime of cattle
rustling.
LAW ON ILLEGAL FISHING
(P.D. 534)
Illegal Fishing- the act of any person to catch,
take or gather or cause to be caught, taken or
gathered fish or fishery/aquatic products in
Philippine waters with the use of explosives,
obnoxious or poisonous substances or by the
use of electricity.
PRESIDENTIAL DECREE 581 –
“HIGHGRADING” OR THEFT OF GOLD
“Highgrading” or Theft of Gold – the act of
any person who shall take gold-bearing ores
or rocks from a mining claim or mining camp
or shall remove, collect or gather gold-bearing
ores or rocks in place or shall extract or
remove the gold; from such ores or rocks, or
shall prepare and treat such ores or rocks to
recover or extract the gold content thereof,
without the consent of the operator of the
mining claim.

Presumption: unauthorized possession
by any person within a mining claim or
mining camp of gold-bearing ores or rocks,
or of gold extracted or removed from such
ores or rocks, shall be prima facie
evidence that they have been stolen from
the operator of a mining claim (Sec. 2)

ANTI – FENCING LAW
(P.D. 1612)
ELEMENTS:
1. Crime of robbery has been committed
2. Accused, who is not a principal or
accomplice in the commission of the crime
of robbery or theft, buys, receives,
possesses, keeps, acquires, conceals,
sells, or disposes of, or shall buy and sell,
or in any other manner deal any article,
item, object or anything of value which he
knows, or should be known to him, to have
been derived from the proceeds of said
crime
3. accused knows or should have known that
said article, item, object or anything of
value has been derived from the proceeds
of theft or robbery.
4. Accused has intent to gain for himself or
another
Section 2. Definition of Terms.
Fencing – the act of any person who, w/ intent
to gain for himself or for another, shall buy,
receive, possess, keep, acquire, conceal, sell,
or dispose of, or shall buy and sell, or in any
other manner deal any article, item, object or
anything of value which he knows, or should
be known to him, to have been derived from
the proceeds of the crime of robbery or theft.
Section 5. Presumption of Fencing

Mere possession of any good, article,
item, object, or anything of value which
has been the subject of robbery or thievery
shall be prima facie evidence of fencing.
Section 6. Clearance/Permit to Sell Used/
Second Hand Articles.

All stores, establishments or entities
dealing in the buy and sell of any good,
article, item, object or anything of value
shall, before offering the same for sale to
the public, secure the necessary
clearance or permit from the station
commander of the Integrated National
Police in the town or city where such
store, establishment or entity is located.

Any person who fails to secure the
required clearance/permit shall also be
punished as a fence.
 ART. 311 - THEFT OF THE PROPERTY
OF THE NATIONAL LIBRARY AND
NATIONAL MUSEUM

Theft of property on National Library and
Museum has a fixed penalty regardless of
its value
Chapter Four: Usurpation (Arts. 312-313)
 ART. 312-OCCUPATION OF REAL
PROPERTY OR USURPATION OF REAL
RIGHTS IN PROPERTY
ELEMENTS:
1. That the offender takes possession of any
real property or usurps any real rights in
property.
2. That the real property or real rights belong
to another.
3. That violence against or intimidation of
persons is used by the offender in
occupying real property or usurping real
property or usurping real right in property.
4. That there is intent to gain.
ACTS PUNISHABLE UNDER ART. 312:
1. By taking possession of any real property
belonging to another by means of violence
against or intimidation of persons
2. By usurping any real rights in property
belonging to another by means of violence
against or intimidation of persons
THEFT/ROBBERY ART. 312
Personal property is Real property or real
taken right involved
 ART. 313 – ALTERING BOUNDARIES
OR LANDMARK
ELEMENTS:
1. That there be boundary marks or
monuments of towns, provinces, or
estates, or any other marks intended to
designate the boundaries of the same
2. That the offender alters said boundary
marks
Chapter Five: Culpable Insolvency (Art.
314)
 ART. 314- FRAUDULENT INSOLVENCY
ELEMENTS:
1. That the offender is a debtor
2. That he absconds with his property
3. That there be prejudice to his creditors

Unlike in the Insolvency Law, Art. 314
does not require for its application that the
 criminal act should have been committed received. The default in the return of the
after the institution of insolvency thing received will only entail civil liability.
proceedings.

The thing to be delivered or returned by
Chapter Six: Swindling and Other Deceits the offender must the very object which he
(Arts. 315-318) received.

 ART. 315-SWINDLING/ESTAFA GENERAL RULE: There must be a formal

demand on the offender to comply with his
ELEMENTS in general obligation before he can be charged with
1. That the accused defrauded another by estafa.
abuse of confidence, or by means of
deceit EXCEPTIONS:
2. That the damage or prejudice capable of 1. When the offender’s obligation to comply
pecuniary estimation is caused to the is subject to a period, and
offended party or third persons 2. When the accused cannot be located
despite due diligence.
Damage or prejudice may consist in:
1. offended party being deprived of his NOVATION THEORY
money or property as a result of the May apply prior to the filing of the criminal
defraudation information in court by the state prosecutor,
2. disturbance in property rights because up to that time, the original trust
3. temporary prejudice relation may be converted by the parties into
an ordinary creditor-debtor situation, thereby
placing the complainant in estoppel to insist on
I. ESTAFA WITH UNFAITHFULNESS OR the original trust. But after the judicial
ABUSE OF CONFIDENCE authorities have taken cognizance of the crime
and instituted action in court, the offended
ESTAFA WITH UNFAITHFULNESS (ART. party may no longer divest the prosecution of
315, NO. 1 A) its power to exact the criminal liability, as
ELEMENTS: distinguished from the civil liability. (People vs.
1. That the offender has an onerous Nery, 10 SCRA 244)
obligation to deliver something of value
2. That he alters its substance, quantity or
quality THEFT ESTAFA
3. That damage or prejudice capable of if the offender had if in receiving the thing
pecuniary estimation is caused to the acquired only the from the offended party,
offended party or third persons material or physical the offender acquired
possession of the thing also the juridical
ESTAFA WITH ABUSE OF CONFIDENCE possession of the thing
and the later
(Art. 315 NO.1 B)
misappropriated it
ELEMENTS:
1. That money, goods, or other personal
property be received by the offender in ESTAFA MALVERSATION
trust, or on commission, or for The funds or property Usually public funds or
are private property
administration, or under any other
obligation involving the duty to make Offender is a private Offender who is usually
delivery of, or to return, the same individual or even a a public officer is
2. That there be misappropriation or public officer who is accountable for public
conversion of such money or property by not accountable for funds or property
public funds or
the offender, or denial on his part of such property.
receipt
3. That such misappropriation or conversion Crime is committed by Crime is committed by
or denial is to the prejudice of another misappropriating, appropriating taking or
4. That there is demand made by the converting or denying misappropriating or
having received money, consenting, or through
offender party to the offender goods, or other abandonment or
personal property negligence, permitting

Art. 315, No. 1 (b) does not apply when any other person to
the contract between the accused and take the public funds or
complainant has the effect of transferring property
to the accused ownership of the thing
ESTAFA BY TAKING UNDUE ADVANTAGE
OF THE SIGNATURE IN BLANK (ART. 315,
NO. 1)
ELEMENTS:
1. That the paper with the signature of the
offended party be in blank
2. That the offended party should have
delivered it to the offender
3. That above signature of the offended party
a document is written by the offender
without authority to do so
4. That the document so written creates a
liability of, or causes damage to the
offended party or any third person
II. ESTAFA BY MEANS OF DECEIT (Art.
315, NO 2)
ELEMENTS:
1. That there must be false pretense,
fraudulent act or fraudulent means
2. That such false pretense, act or fraudulent
means must be made or executed prior to
or simultaneously with the commission of
fraud
3. That the offended party must have relied
on the false pretense, fraudulent act, or
fraudulent means, that is, he was induced
to part with is money or property because
of fraudulent means
4. That as a result thereof, the offended party
suffered damage
WAYS OF COMMISSION:
A. Art. 315 No. 2 (A):
1. By using a fictitious name
2. By falsely pretending to possess
power, influence, qualifications,
property, credit, agency, business or
imaginary transactions
3. By means of other similar deceits
ILLEGAL RECRUITMENT
Under the Migrant Workers Act
(R.A. No. 8042)
Illegal Recruitment - Any act of canvassing,
enlisting, hiring, or procuring workers,
including referring contract services, promising
or advertising for employment abroad, whether
for profit or not, when undertaken by a non-
licensee or non-holder of authority.
Any such non-licensee or non-holder of
authority who, for a fee, offers and promises
employment abroad to two or more persons
shall be deemed so engaged in illegal
recruitment.
Economic Sabotage:
a) Illegal recruitment by syndicate -
committed by a group of three (3) or more
persons conspiring or confederating with
one another.
b) Large Scale Illegal Recruitment –
committed against three (3) or more
persons.

Penalty for Illegal Recruitment involving
economic sabotage is punishable by life
imprisonment and fine of P500,000 to
P1,000,000.
B. Art. 315 No. 2 (B)

By altering, the quality, fineness or
weight of anything pertaining to his
business
C. Art. 315 No. 2 (C)

By pretending to have bribed any
Government employee

The accused, by pretending to have
bribed a government employee, can
be held further liable for such calumny
in a criminal action for either slander
or libel depending on how he
recounted the supposed bribery.
D. Art. 315 No. 2 (D)
ELEMENTS:
1. That the offender postdated a check,
or issued a check in payment of an
obligation
2. That such postdating or issuing a
check was done when the offender
had no funds in the bank, or his funds
deposited therein were not sufficient to
cover the amount of the check

The issuance by the offender of the check
(whether postdated or not), prior to or
simultaneous with the transaction, must be
for the purpose of contracting the
obligation, otherwise if the check is issued
in payment of a preexisting obligation, no
estafa is committed.

If the check was issued by the debtor only
for security of the creditor, as in the nature
of promissory notes but not to be
encashed, no estafa will be involved.
BOUNCING CHECKS LAW
(B.P. Blg. 22)
Section 1. Checks Without Sufficient Funds
OFFENSES PUNISHED UNDER BP 22:
1. Making or Drawing and issuing a check
knowing at the time of issue that he does
not have sufficient funds.
ELEMENTS:
a) That a person makes or draws and
issues any check
b) That the check is made or drawn and
issued to apply on account or for
value.
c) That the person knows that at the time
of issue he does not have sufficient
funds in or credit with the drawee bank
for the payment of such check upon its
presentment
d) That the check is subsequently
dishonored by the drawee bank for
insufficiency of funds or credit, or
would have been dishonored for the
same reason had not the drawer,
without any valid reason, ordered the
bank to stop payment.
2. Failing to keep sufficient funds to cover
check if presented within a period of 90
days from the date appearing thereon.
ELEMENTS:
a) That a person has sufficient funds with
the drawee bank when he makes or
draws and issues a check
b) That he fails to keep sufficient funds or
to maintain a credit to cover the full
amount if presented within a period of
90 days from the date of appearing
thereon.
c) That the check is dishonored by the
drawee bank
Evidence of Knowledge of Insufficient
Funds:

Refusal of drawee bank to pay the check
due to insufficiency of funds when
presented within 90 days from the date of
the check shall be prima facie knowledge
of insufficiency of funds, unless the drawer
or maker pays the holder the amount due
thereon or makes arrangements for the
payment thereof by the drawee within five
(5) banking days after receipt of notice that
the check was dishonored.

That the checks were presented beyond
the 90-day period provided in Sec. 2 of BP
22 is not an element of the offense but
merely a condition for the prima facie
presumption of knowledge of the
insufficiency of funds. (Nagrampa vs.
People, G.R. No. 146211. August 6,
2002)
Under SC Administrative Circular 12-2000:
Where the circumstances of both the
offense and the offender clearly indicate good
faith or a clear mistake of fact without taint of
intelligence, the imposition of fine alone should
be considered as the more appropriate
penalty.
It mere lays down a rule of preference
in the application of the penalties provided for
in B.P. 22. The circular does not delete the
penalty of imprisonment, for should the judge
decide that imprisonment is the more
appropriate penalty, the circular ought not to
be a hindrance.

Prosecution under BP 22 shall be without
prejudice to any liability for any violation in
the RPC.

The fine under BP22 is based on the
amount of the check and is without regard
to the amount of damage caused.

The accused will be liable for the dishonor
of the check even if it was issued in
payment of a preexisting legal obligation
as he issued that check “to apply on
account.”
BP Blg. 22 vs. Estafa
BP 22 RPC
1. endorser is not liable; 1. endorser who acted
with deceit knowing that
the check is worthless
will be criminally liable;
2.malum prohibitum; 2. malum in se;
3. Issuance of check is 3. it is the means to
for value or on account obtain the valuable
consideration from the
payee (debt is not
preexisting)
4. Deceit and damage 4. False pretenses or
are not elements of the deceit and damage, or
crime; the gravamen of at least intent to cause
the offense is the damage, are essential
issuance of the check and the false pretenses
must be prior to or
simultaneous with the
damage caused.
5. The drawer is given 5 5. given 3 days after
days after receiving receiving notice of
notice of dishonor dishonor; documents or any other papers
within which to pay or 2. That the offender removed, concealed
make arrangements for or destroyed any of them
payment; 3. That the offender had intent to defraud
6. that there are no 6. that there are no another
funds or no sufficient funds or there are
funds at the time of insufficient funds at the
issuance or at the time time of issuance
of presentment if made INFIDELITY IN
within 90 days. CUSTODY OF ESTAFA
DOCUMENT (Art. 315 C)
7. The maker or drawer 7. Not necessary that (Art. 226)
and issuer knows at the the drawer should know
time of issue that he at the time that he Offender is a public The offender is a
does not have sufficient issued the check that officer who is officially private individual who is
fund in or credit with the the funds deposited in entrusted with the not officially entrusted
drawee bank for the the bank were not document with the documents
payment of the check in sufficient to cover the
full amount of the check.

If there is no intent to defraud, it could be
malicious mischief.
E. Art. 315, NO. 2(E)
1. By obtaining food, refreshment or
accommodation at hotel, inn,
 ART. 316-OTHER FORMS OF
restaurant, boarding house, lodging
SWINDLING
house or apartment house without
paying thereof, with intent to defraud
PERSONS LIABLE:
the proprietor or manager thereof
1. Any person who, pretending to be the
2. By obtaining credit at any of the said
owner of any real property, shall convey,
establishments by the use of any false
sell, encumber or mortgage the same.
pretense
3. By abandoning or surreptitiously
ELEMENTS:
removing any part of his baggage from
a) That the thing be immovable, such as
any of the said establishment after
a parcel of land or a building.
obtaining credit, food, refreshment or
b) That the offender who is not the owner
accommodation therein, without
of said property should represent that
paying therefor
he is the owner thereof.
c) That the offender should have
III. ESTAFA THROUGH THE FOLLOWING
executed an act of ownership (selling,
MEANS
leasing, encumbering or mortgaging
the real property).
A. ESTAFA BY INDUCING ANOTHER TO
d) That the act be made to the prejudice
SIGN ANY DOCUMENT (ART. 315 NO.
of the owner or a third person.
3A)
2. Any person who, knowing that real
ELEMENTS:
property is encumbered, shall dispose of
1. That the offender induced the
the same, although such encumbrance be
offended party to sign a document
not recorded.
2. That deceit be employed to make him
sign the document ELEMENTS:
3. That the offended party personally
a) That the thing disposed of be real
signed the document
property.
4. That prejudice be caused
b) That the offender knew that the real
property was encumbered, whether
B. ESTAFA BY RESORTING TO SOME
the encumbrance is recorded or not.
FRAUDULENT PRACTICE TO INSURE
c) That there must be express
SUCCESS IN GAMBLING (315 No. 3B)
representation by the offender that the
real property is free from
C. ESTAFA BY REMOVING, CONCEALING
encumbrance.
OR DESTROYING DOCUMENTS (ART. 315
d) That the act of disposing of the real
NO. 3C)
property be made to the damage of
another.
ELEMENTS:
1. That there be court record, office files,
3. The owner of any personal property who
shall wrongfully take it from its lawful
possessor, to the prejudice of the latter or
any third person
ELEMENTS:
a) That the offender is the owner of
personal property.
b) That said personal property is in the
lawful possession of another.
c) That the offender wrongfully takes it
from its lawful possessor.
d) That prejudice is thereby caused to
the possessor or third person.
4. Any person who, to the prejudice of
another, shall execute any fictitious
contract
5. Any person who shall accept any
compensation for services not rendered or
for labor not performed.
6. Any person who shall sell, mortgage or
encumber real property with which the
offender guaranteed the fulfillment of his
obligation as surety.
ELEMENTS:
a) that the offender is a surety in a bond
given in a criminal or civil action
b) that he guaranteed the fulfillment of
such obligation with his real property
or properties
c) that he sells, mortgages, or, in any
manner encumbers said real property.
d) that such sale, mortgage or
encumbrance is (1) without express
authority from the court, or (2) made
before the cancellation of his bond, or
(3) before being relieved from the
obligation contracted by him
 ART. 317-SWINDLING A MINOR
ELEMENTS:
1. That the offender takes advantage of
the inexperience or emotions or
feelings of a minor
2. That he induces such minor to
assume an obligation, or to give
release, or to execute a transfer of any
property right.
3. That the consideration is some loan of
money, credit, or other personal
property
4. That the transaction is to the detriment
of such minor
 ART. 318-OTHER DECEITS
1. By defrauding or damaging another by any
other deceit not mentioned in the
preceding articles
2. By interpreting dreams, by making
forecasts telling fortunes, by taking
advantage of the credulity of the public in
any other manner, for profit or gain
Chapter Seven: Chattel Mortgage (Arts.
319)
 ART. 319-REMOVAL, SALE OR PLEDGE
OF MORTGAGED PROPERTY
A. REMOVAL OF MORTGAGED
PROPERTY
ELEMENTS:
1. Personal property mortgaged under
Chattel Mortgage Law
2. Offender knows such mortgage
3. He removes personal property to any
province or city other than the one in
which it was locate at the time of the
execution of the mortgage
4. Removal is permanent
5. No written consent of mortgagee,
executors, administrators, or assigns
to such removal
B. SALE OR PLEDGE OF MORTGAGED
PROPERTY
ELEMENTS:
1. Personal property pledged under
Chattel Mortgage Law.
2. Offender, who is the mortgagor, sells
or pledges the same property or any
part thereof
3. No consent of mortgagee written at
the back of the mortgage and noted
on the record thereof in the Office of
the Register of Deeds

Damage to the mortgagee not essential
Art. 319 distinguished from estafa (Art. 316)
by disposing of encumbered property
ART. 319 ART. 316 (PAR. 2)
The property involved is The property involved is
personal property. real property.
Selling or pledging of To constitute estafa, it
personal property already is sufficient that the real
pledged or mortgaged is mortgaged be sold as
committed by the mere
free, even though the
failure to obtain the vendor may
consent of the mortgagee obtained the consent of
in writing, even if the the mortgagee
offender should inform
writing.
the purchaser that the
thing sold is mortgaged.
The purpose of the law The purpose is to protect
is to protect the the purchaser, whether
mortgagee. the first or the second.
Chapter Eight: Arson and Other Crimes
Involving Destructions (Arts. 320-326B)
 ART. 320-326-b
REPEALED BY PD 1613
PD 1613-AMENDING THE LAW ON ARSON
KINDS OF ARSON:
1. Arson (Sec. 1, PD No. 1613)
2. Destructive arson (Art. 320, as amended
by RA No. 7659)
3. Other cases of arson (Sec. 3, PD No.
1613)
ARSON – when any person burns or sets fire
to the property of another, or his own property
under circumstance which expose to danger
the life or property of another.
DESTRUCTIVE ARSON
Burning of:
1. One (1) or more buildings or edifices,
consequent to one single act of burning, or
as a result of simultaneous burnings,
committed on several or different
occasions.
2. Any building of public or private
ownership, devoted to the public in
general or where people usually gather or
congregate for a definite purpose such as,
but not limited to, official governmental
function or business, private transaction,
commerce trade workshop, meetings and
conferences, or merely incidental to a
definite purpose such as but not limited to
hotels, motels, transient dwellings, public
conveyances or stops or terminals,
regardless of whether the offender had
knowledge that there are persons in said
building or edifice at the time it is set on
fire and regardless also of whether the
building is actually inhabited or not.
3. Any train or locomotive, ship or vessel,
airship or airplane, devoted to
transportation or conveyance, or for public
use, entertainment or leisure.
4. Any building, factory, warehouse
installation and any appurtenances
thereto, which are devoted to the service
of public utilities.
have
5. Any building the burning of which is for the
in purpose of concealing or destroying
evidence of another violation of law, or for
the purpose of concealing bankruptcy or
defrauding creditors or to collect from
insurance.
QUALIFYING CIRCUMSTANCES: reclusion
perpetua to death shall be imposed upon any
person who shall burn:
a) Any arsenal, shipyard, storehouse or
military powder or fireworks factory,
ordnance, storehouse, archives or
general museum of the Government.
b) In an inhabited place, any storehouse or
factory of inflammable or explosive
materials.
OTHER CASES OF ARSON
Burning of:
1. Any building used as offices of the
Government or any of its agencies
2. Any inhabited house or dwelling
3. Any industrial establishment, shipyard, oil,
well or mine shaft, platform or tunnel
4. Any plantation farm, pasture land, growing
crop or grain field, orchard, bamboo grove
or forest
5. Any rice mill, sugar mill, cane mill, or mill
central
6. Any railway or bus station, airport, wharf,
or warehouse
SPECIAL AGGRAVATING CIRCUMSTAN-
CES IN ARSON:
1. If committed with intent to gain
2. If committed for the benefit of another
3. If the offender be motivated by spite or
hatred towards the owner or occupant of
the property burned
4. If committed by a syndicate

The offense is committed by a syndicate if
it is planned or carried out by a group of
three or more persons

If a part of the building commences to
burn, the crime is consummated arson,
however small is the portion burned.

When there is fire, the crime committed is
either frustrated or consummated arson,
never attempted.

Mere conspiracy to commit arson is
punishable.

There is no complex crime of arson with
homicide. The crime of homicide is
absorbed.
Chapter Nine: Malicious Mischief (Arts.
327-331)
 ART. 327 – MALICIOUS MISCHIEF
ELEMENTS:
1. That the offender deliberately caused
damage to the property of another
2. That such act does not constitute arson or
other crimes involving destruction
3. That the act of damaging another’s
property be committed merely for the sake
of damaging it.
 ART. 328 SPECIAL CASES OF
MALICIOUS MISCHIEF (QUALIFIED)
1. Causing damage to or obstructing the
performance of public functions.
2. Using poisonous or corrosive substances
3. Spreading any infection or contagion
among cattle.
4. Causing damage to the property of the
National Museum or National Library, or to
any archive or registry, waterworks, road,
promenade, or any other thing used in
common by the public.
 ART. 329 OTHER MISCHIEFS
Mischief not included in the next preceding
article.
 ART. 330 DAMAGE AND
OBSTRUCTION TO MEANS OF
COMMUNICATION.
PERSON LIABLE: Any person who shall
damage any railway, telegraph or telephone
lines.
QUALIFYING CIRCUMSTANCE: Damage
shall result in the derailment of cars, collision
or other accident.

Art. 330 does not apply when the
telegraph or telephone do not pertain to
railways
 ART. 331 - DESTROYING OR
DAMAGING STATUES, PUBLIC
MONUMENTS OR PAINTINGS
PERSONS LIABLE:
1. Any person who shall destroy or damage
statues or any other useful or ornamental
public monuments
2. Any person who shall destroy or damage
any useful or ornamental painting of a
public nature
Chapter Ten: Exemption from Criminal
Liability in Crimes Against Property (Arts.
332)
 ART.332 – PERSON EXEMPT FROM
CRIMINAL LIABILITY
CRIMES INVOLVED IN THE EXEMPTION:
1. Theft
2. Swindling
3. Malicious mischief
PERSONS EXEMPTED:
1. Spouses, ascendants and descendants, or
relatives by affinity on the same line.
2. The widowed spouse with respect to the
property which belonged to the deceased
spouse before the same shall have
passed to the possession of another.
3. Brothers and sisters and brothers in law
and sisters in law, if living together.

Stepfather, adopted father, natural
children, concubine, paramour included as
ascendants by affinity

Also applies to common-law spouses.
TITLE ELEVEN: CRIMES AGAINST
CHASTITY

Crimes against chastity are also referred
to as private crimes, or crimes which
cannot be prosecuted de oficio, because
of the requirement that the prosecution
thereof be upon a sworn written complaint
of the offended party or certain persons
authorized by law.
The crimes against chastity which cannot
be prosecuted de oficio are:
1. Adultery (Art. 333)
2. Concubinage (Art. 334)
3. Acts of lasciviousness with or without
consent (Arts. 336, 339)
4. Seduction whether qualified or simple
(Arts. 337, 338), and
5. Abduction which may be forcible or
consented (Arts. 342, 343)

But corruption of minors (Art. 340) and
white slave trade (Art. 341) can be
prosecuted de oficio.
Chapter One: Adultery and Concubinage
(Arts. 333-334)
 ART. 333 – ADULTERY
ELEMENTS:
1. That the woman is married
2. That she has sexual intercourse with a
man not her husband
3. That as regards the man with whom she
has sexual intercourse, he must know her
to be married.

Adultery is committed even if the marriage
is subsequently declared void.

Each occasion of sexual intercourse
constitute a crime of adultery.

A married man who does not know of the
married status of the woman may be liable
for concubinage.
Requirements of pardon:
1. must come before the institution of the
criminal prosecution
2. both offenders must be pardoned.
 ART. 334 – CONCUBINAGE
ELEMENTS:
1. That the man must be married
2. That he committed any of the ff. acts:
a) Keeping a mistress in the conjugal
dwelling.
b) Having sexual intercourse under
scandalous circumstances with a
woman who is not his wife
c) Cohabiting with her in any other place
3. As regards to the woman, she must know
him to be married.

Cohabitation is committed even if the man
slept with the woman only once.

Adultery is more severely punished than
concubinage.
REASON: Because adultery makes
possible the introduction of another man’s
blood into the family so that the offended
husband may have another man’s son
bearing his (husband’s) name and
receiving support from him.
Chapter Two: Acts of Lasciviousness (Art.
336)
(Art. 335 has been repealed by RA No. 8353
(Anti-Rape Law of 1997) effective Oct. 22,
1997. Provisions on Rape are found in Arts.
266-A to 266-D under Crimes Against
Persons)
 ART. 336 – ACTS OF LASCIVIOUSNESS
ELEMENTS:
1. That the offender commits any act of
lasciviousness or lewdness;
2. That the act of lasciviousness is
committed against a person of either sex;
3. That it is done under any of the following
circumstances:
a) By using force or intimidation
b) When the offended party is deprived
of reason or otherwise unconscious
c) By means of fraudulent machination or
grave abuse of authority
d) When the offended party is under 12
years of age or is demented.

The crime is unjust vexation in the
absence of any of the above-mentioned
circumstances (circumstances of rape).
ATTEMPTED ACTS OF
RAPE LASCIVIOUSNESS
The acts performed by There is no intent to
offender clearly indicate have sexual intercourse
that his purpose was to lie
with the offended woman,
it is attempted or
frustrated rape
The lascivious acts are The lascivious acts are
but the preparatory acts to the final objective
the commission of rape sought by the offender
Manner of commission is the same
The performance of lascivious character is common
to both

What constitutes lewd or lascivious
conduct must be determined from the
circumstances of each case. The
presence or absence of the lewd designs
is inferred from the nature of the acts
themselves and the environmental
circumstances.

Just like rape, there can be no frustrated
acts of lasciviousness.
Chapter Three: Seduction, Corruption of
Minors, and White Slave Trade (Arts. 337-
341)
  ART. 337 – QUALIFIED SEDUCTION
TWO CLASSES:
1. Seduction of a virgin over 12 years and
under 18 years of age by persons who
abuse their authority or the confidence
reposed.
2. Seduction of a sister by her brother or
descendant by her ascendant, regardless
of her age and reputation.

It is not required in simple seduction that
the victim be a virgin.

The gist of qualified seduction is the abuse
of authority, confidence, or relationship as
the means of committing the crime. In
simple seduction, it is the use of deceit.
But in both kinds of seduction, there must
be sexual intercourse.

ELEMENTS:
1. That the offended party is a virgin;  ART. 339 – ACTS OF
2. She must be over 12 and under 18 years LASCIVIOUSNESS WITH THE
of age; CONSENT OF THE OFFENDED PARTY
3. That the offender had sexual intercourse
with her; ELEMENTS:
4. That there is abuse of authority, 1. That the offender commits acts of
confidence or relationship on the part of lasciviousness or lewdness;
the offender. 2. That the acts are committed upon a
woman who is a virgin or single or a widow
VIRGIN – refers to a woman of chaste of good reputation, under 18 years of age
character or a woman of good reputation. but over 12 years, or a sister or
Virginity in this sense does not mean physical descendant regardless of her reputation or
virginity. ag;
3. That the offender accomplishes the acts
The following are the OFFENDERS: by abuse of authority, confidence,
1. Those who abused their authority relationship or deceit.
a) Persons in public authority
b) Guardian
c) Teacher Art. 336 and 339 compared
d) Person who, in any capacity, is ART. 336 ART. 339
entrusted with the education or The acts are The acts of
custody of the woman seduced committed under lasciviousness are
2. Those who abused confidence reposed in circumstances which, committed under the
them had there been carnal circumstances which,
a) Priest knowledge, would had there been carnal
amount to rape knowledge, would
b) House servant
amount to either
c) Domestic qualified seduction or
3. Those who abused their relationship simple seduction
a) Brother who seduced his sister The acts are The lascivious acts are
b) Ascendant who seduced his committed under the committed under
descendant circumstances circumstances which,
attendant in rape had there been carnal

A “domestic” is different from a house knowledge, would
servant, it means any person living under constitute either
the same roof as a member of the same qualified seduction or
simple seduction
household, and includes boarders or
The offended party is a The offended party
houseguests but not transients or visitors. female or a male should only be female
Both treat of acts of lasciviousness
 ART. 338 – SIMPLE SEDUCTION

ELEMENTS:
There is an oversight in the law where the

1. That the offended party is over 12 and
under 18 years of age;
2. That she must be of good reputation,
single or widow;
3. That the offender has sexual intercourse
with her;
4. That it is committed by means of deceit.
victim is exactly 12 years of age. If the
victim is below 12, the crime will be rape,
or unconsented acts of lasciviousness or
forcible abduction. Hence Art. 339 stating
“over 12 years of age” should be
construed as twelve years of age and
 over, thus construing the doubt in favor of May have victims of Limited only to females
the accused. either sex
May not necessarily be Generally for profit
for profit
ANTI-SEXUAL HARRASMENT ACT
(R.A. No. 7877) Committed by a single Generally committed
act habitually
PERSONS PENALIZED:
Employer, employee, manager, supervisor,
teacher, professor, instructor, coach, trainor, Chapter Four: Abduction Arts. 342-343
or any other person having authority,
influence, or oral ascendancy over another in ABDUCTION – is meant the taking away of a
a work, education or training-related woman from her house or the place where she
environment. may be for the purpose of carrying her to
another place with intent to marry or corrupt
PROHIBITED ACTS: her.
Demanding, requesting, or otherwise requiring
any sexual favor from the other, regardless of TWO KINDS OF ABDUCTION:
whether the demand, request, or requirement 1. Forcible abduction (Art. 342)
is accepted by the object of the act. 2. Consented abduction (Art. 343)

 ART. 340 – CORRUPTION OF MINORS  ART. 342 - FORCIBLE ABDUCTION

(AS AMENDED BY BP 92)
PROHIBITED ACTS - to promote or facilitate
the prostitution or corruption of persons under
age to satisfy the lust of another.
ELEMENTS:
1. That the person abducted is a woman;
2. That the abduction is against her will;
3. That the abduction is with lewd design.

The victim must be of good reputation and GRAVE

FORCIBLE
not a prostitute or corrupted person. COERCION/
ABDUCTION
KIDNAPPING
With Lewd design No lewd design
SPECIAL PROTECTION OF CHILDREN There is no There is deprivation of
AGAINST CHILD ABUSE ACT (R.A. 7610) – deprivation of liberty liberty
Child prostitution and attempt to commit child
prostitution are punished under this Act.
Conviction of acts of lasciviousness is not
a bar to conviction of forcible abduction
Sec. 5. Child Prostitution and other Sexual
Abuse – Children whether male or female,
Attempted Rape is absorbed by Forcible
who for money, profit or other consideration or Abduction as the former constitutes the
due to the coercion or influence of any adult element of lewd design.
syndicate or group, indulge in sexual
Crime is Forcible Abduction if the victim is
intercourse or lascivious conduct are deemed under 12 years of age even if she
to be children exploited in prostitution and voluntarily goes with her abductor; If girl is
other sexual abuse. under 12 – ALWAYS FORCIBLE
ABDUCTION.

 ART. 341 - WHITE SLAVE TRADE  ART. 343- CONSENTED ABDUCTION

PROHIBITED ACTS: ELEMENTS:

1. Engaging in the business of prostitution; 1. That the offended party must be a virgin;
2. Profiting by prostitution; 2. That she must be over 12 and under 18
3. Enlisting the services of women for the years if age;
purpose of prostitution. 3. That the taking away of the offended party
must be with her consent, after solicitation
CORRUPTION OF WHITE SLAVE or cajolery from the offender;
MINORS TRADE 4. That the taking away of the offended party
must be with lewd designs.
It is essential that Minority need not be
victims are minors involved
CRIMES AGAINST CHASTITY WHERE AGE
AND REPUTATION OF THE VICTIM ARE
IMMATERIAL:
1. Acts of lasciviousness against the will of
the offended party or against a sister or
descendant
2. Qualified Seduction of sister or
descendant
3. Forcible Abduction
Chapter Five: Provisions Relating to the
Preceding Chapters of Title Eleven (Arts.
344-346)
 ART. 344- PROSECUTION OF
THE CRIMES OF ADULTERY,
CONCUBINAGE, SEDUCTION,
ABDUCTION, RAPE AND ACTS OF
LASCIVIOUSNESS
1. Adultery and concubinage must be
prosecuted upon the complaint signed by
the offended spouse.
2. Seduction, abduction and acts of
lasciviousness must be prosecuted upon
the complaint signed by:
a) Offended party
i. even if a minor
ii. if of legal age and not
incapacitated, only she can file
complaint
iii. If a minor or incapacitated and
refuses to file either of the next
succeeding persons may file:
b) Either of the parents
c) Either of the grandparents whether
paternal or maternal side
d) Legal or judicial guardians
e) The State, as parens patriae when the
offended party dies or becomes
incapacitated before she could file the
complaint and she has no known
parents, grandparents or guardians.

Pardon in adultery and concubinage may
be express or implied; whereas express
pardon of the offender is required to bar
prosecution for seduction, abduction, or
acts of lasciviousness.

Condonation is not pardon in concubinage
or adultery – any subsequent act of the

Furthermore, all those falling within the
terms of this article shall be punished with
special disqualification from the office of
guardian.
offender showing that there was no
repentance will not bar the prosecution of
the offense.

Pardon by the offended party who is a
minor must have the concurrence of
parents – except when the offended party
has no parents.

Marriage of the offender with the offended
party in seduction, abduction and acts of
lasciviousness extinguishes criminal action
or remits the penalty already imposed, and
it benefits the co-principals, accomplices
and accessories. In rape, it extends only
as to the principal.
 ART. 345 – CIVIL LIABILITY OF
PERSONS GUILTY OF CRIMES
AGAINST CHASTITY.
PERSONS WHO ARE GUILTY OF RAPE,
SEDUCTION, OR ABDUCTION SHALL
ALSO BE SENTENCED:
1. To indemnify the offended woman;
2. To acknowledge the offspring, EXCEPT:
a) in adultery and concubinage since
only a natural child may be
acknowledged
b) where either the offended party or the
accused is married
c) when paternity cannot be determined
as in multiple rape
d) other instances where the law should
prevent the offender from doing so;
3. In every case to support the offspring.
 ART. 346 – LIABILITY OF ASCENDANTS,
GUARDIANS, TEACHERS, OR OTHER
PERSONS ENTRUSTED WITH THE
CUSTODY OF THE OFFNEDED PARTY

Persons who act as accomplices in crimes
against chastity (EXCEPT adultery and
concubinage where there can be no
accomplices or accessories), shall be
punished as principals.

In addition, teachers or persons entrusted
with education and guidance of the youth
are penalized with disqualification.
TITLE TWELVE: CRIMES AGAINST THE
CIVIL STATUS OF PERSONS
Chapter One: Simulation of Births and
Usurpation of Civil Status (Arts. 347-348)
  ART. 347 – SIMULATION OF BIRTHS,
A person convicted of bigamy may still be
SUBSTITUTION OF ONE CHILD FOR prosecuted for concubinage.
ANOTHER, CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE CHILD
The second spouse who knew of the first
marriage is an accomplice, as well as the
ACTS PUNISHED: person who vouched for the capacity of
1. Simulation of births either of the contracting parties.
2. Substitution of one child for another
3. Concealing or abandoning any legitimate
child with intent to cause such child to lose  ART. 350 – MARRIAGE CONTRACTED
its civil status AGAINST PROVISIONS OF LAWS
(Illegal Marriage)

Object of the crime under ART. 347 is the
creation of false or the causing of the loss ELEMENTS:
of civil status. 1. That the offender contracted marriage
2. That he knew at the time that
Art. 276 distinguished from Art. 347 a) The requirements of the law were not
ART. 276 ART. 347 complied with; or
b) The marriage was in disregard of a
Crime against security. Crime against the civil
legal impediment.
status of a person.
The offender must be The offender is any
The offender must not be guilty of bigamy.
the one who has the person.
custody of the child. QUALIFYING CIRCUMSTANCE: if either of
The purpose of the The purpose is to the contracting parties obtains the consent of
offender is to avoid the cause the child to lose the other by means of violence, intimidation or
obligation of rearing its civil status. fraud.
and caring for the
child.
 ART. 351 – PREMATURE
MARRIAGES
 ART. 348 – USURPATION OF CIVIL
STATUS PERSONS LIABLE:
1. A widow who married within 301 days from

Usurping the civil status of another is the date of the death of her husband, or
committed by assuming the filiation, or the before having delivered if she is pregnant
parental or conjugal rights of another with at the time of his death.
intent to enjoy the rights arising from the 2. A woman whose marriage having been
civil status of the latter. annulled or dissolved, married before
delivery or before expiration of the period

Crime is qualified if the purpose is to of 301 days after the date of legal
defraud offended parties and heirs. separation.

Period may be disregarded if the first

Chapter Two: Illegal Marriages (Arts. 349- husband was impotent or sterile or if the
352) woman was pregnant before the death of
the first husband and gave birth within the
 ART. 349 – BIGAMY said period.

ELEMENTS:
1. That the offender is legally married
2. That the marriage has not been dissolved
or, in case the spouse is absent the
absent spouse could not yet be presumed
dead according to the Civil Code.
3. That he contracts a second marriage or
subsequent marriage
4. That the second or subsequent marriage
has all the essential requisites for validity.
 ART. 352 – PERFORMANCE OF ILLEGAL
MARRIAGES

Priests, or ministers of any religious
denomination or sect, or civil authorities
who shall perform or authorize any legal
marriage ceremony shall be punished
under the Marriage Law.
TITLE THIRTEEN: CRIMES AGAINST
HONOR
Chapter One: Libel (Arts. 353-362)
Section One – Definitions, forms, and
punishment of this crime
 ART. 353 LIBEL
ELEMENTS:
1. That, there must be an imputation of a
crime, or a vice or defect, real or
imaginary, or any act, omission, condition,
status or circumstance;
2. That the imputation must be made
publicly;
3. That it must be malicious;
4. That the imputation must be directed at a
natural person or a juridical person, or one
who is dead;
5. That the imputation must tend to cause the
dishonor, discredit, or contempt of the
person defamed.
TEST OF DEFAMATORY IMPUTATION:
It is what the article conveyed to a fair and
reasonable man that should be considered,
not the intent of the writer.
IMPUTATION MAY COVER:
1. Crime allegedly committed by the offended
party;
2. Vice or defect, real or imaginary, of the
offended party;
3. Any act, omission, condition, status of, or
circumstances relating to the offended
party.
2 TYPES OF MALICE:
1. Malice in fact – shown by proof of ill-will,
hatred, or purpose to injure; also known as
EXPRESS MALICE.
2. Malice in law – presumed to be malicious
from the defamatory imputation even if it is
true; proof is not required because it is
presumed to exist from the defamatory
imputation.

When the communication is PRIVILEGED,
malice is not presumed from the
defamatory words.

Therefore, qualified privileged
communications must be made with
malice and bad faith in order to be
actionable.

An absolutely privileged communication is
not actionable even if made in bad faith.
GUIDELINES WHEN SEVERAL PERSONS
ARE DEFAMED:
a) If the defamation is made on different
occasions or by independent acts, there
are as many crimes of libel as there are
persons directly addressed with such
statements or directly referred to.
b) If the defamation is made on a single
occasion:
i. Where the same was directed at a
class or group of numerous persons in
general terms only without any
particular person being directly
addressed, there is no victim identified
or identifiable, hence no actionable
libel.
ii. If the statement is so sweeping or all
embracing as to apply to every
individual in that group or class so that
each individual therein can prove that
the defamatory statement specifically
pointed to him, he can bring his action
separately.
iii. If several identifiable victims are
libeled in a single article, there are as
many crimes of libel as there are
persons defamed.
 ART. 354 – REQUIREMENT FOR
PUBLICITY
The PRESUMPTION is rebutted if it is
shown by the accused that –
a) The defamatory imputation is true, in case
the law allows proof of the truth of the
imputation (see Art. 361)
b) It is published with good intention
c) There is justifiable motive for making it
MALICE is not presumed in the following
cases involving qualifiedly privileged
communication:
a) Private communication made by any
person to another in the performance of
any legal, moral or social duty.
b) A fair and true report of any judicial,
legislative, or other proceedings which are
not of confidential nature or of any
statement, report, or speech delivered in
said proceedings, or of any other act
performed by public officers in the
exercise of their functions.
Specifically recognized in the Constitution
as absolutely privileged are statements
made in official proceedings of Congress
by members thereof, as an implementation
of their parliamentary immunity.

Statements made in judicial proceedings
are privileged but only if pertinent or
relevant to the case involved.
THE ANTI-WIRE TAPPING ACT
(R.A. No. 4200)
Unlawful acts by any person or
participant, not authorized by all the
parties to any private communication or
spoken word:
1. To tap any wire or cable
2. To use any other device or arrangement to
secretly overhear, intercept or record such
communication by using a device known
as dictaphone, dictagraph, detectaphone,
walkie-talkie or tape-recorder.
3. To knowingly possess any tape/wire or
disc record, or copies of any
communication or spoken word
4. To replay the same for any person or
persons
5. To communicate the contents thereof,
verbally or in writing
6. To furnish transcriptions thereof, whether
complete or partial
EXCEPTION: When a peace officer is
authorized by written order from the court.

Any recording, communication or spoken
word obtained in violation of the provisions
of this Act – INADMISSIBLE IN
EVIDENCE IN ANY JUDICIAL, QUASI-
JUDICIAL OR ADMINISTRATIVE
HEARING OR INVESTIGATION.
 ART. 355 – LIBEL BY MEANS OF
WRITINGS OR SIMILAR MEANS
Committed by means of:
1. Writing
2. Printing
3. Lithography
4. Engraving or theatrical exhibition
5. Radio
6. Phonograph
7. Painting
8. Cinematographic
9. Or any similar means

Defamation through amplifier system is
slander not libel.

If defamatory remarks are made in the heat
of passion which culminated in a threat, the
derogatory statements will not constitute an
independent crime of libel but a part of the
more serious crime of threats.
 ART. 356 THREATENING TO
PUBLISH AND OFFER TO PREVENT
SUCH PUBLICATION FOR A
COMPENSATION
ACTS PUNISHED:
1. Threatening another to publish a libel
concerning him, or his parents, spouse,
child or other members of the family.
2. Offering to prevent the publication of such
libel for compensation or money
consideration

This is also known as blackmail. Art. 283
regarding light threats is another form of
blackmail.

It is essential that the threat to publish, or
to offer to prevent the publication of libel
must be for a compensation or money
consideration, in order it may be penalized
under this article.
 ART. 357 – PROHIBITED PUBLICATION
OF ACTS REFERRED TO IN THE COURSE
OF OFFICIAL PROCEEDINGS
ELEMENTS:
1. That the offender is a reporter, editor or
manager of a newspaper, daily or
magazine
2. He publishes facts connected with the
private life of another
3. Such facts are offensive to the honor,
virtue and reputation of said person

This article is referred to as the Gag Law
because while a report of an official
proceeding is allowed, it gags those who
would publish therein facts which this
article prohibits, and punishes any
violation thereof.

The Gag Law bars from publication of
cases relating to adultery, divorce,
legitimacy of children, etc.
Under Republic Act No. 1477:
A newspaper reporter cannot be compelled to
reveal the source of the news report he made,
unless the court or a House or committee of
Congress finds that such revelation is
demanded by the security of the state.
 ART. 358 – SLANDER (oral defamation)
KINDS:
1. Simple slander
2. Grave slander, when it is of a serious and
insulting nature
Factors that determine the gravity of the
oral defamation:
a) expressions used
b) personal relations of the accused and the
offended party.
c) circumstances surrounding the case.
d) social standing and position of the
offended party.

The slander need not be heard by the
offended party
 ART. 361 - PROOF OF TRUTH
WHEN PROOF OF THE TRUTH IS
ADMISSIBLE IN A CHARGE FOR LIBEL:
1. When the act or omission imputed
constitutes a crime regardless of whether
the offended party is a private individual or
a public officer.
2. When the offended party is a Government
employee, even if the imputation does not
constitute a crime, provided it is related to
the discharge of his official duties.

 ART. 359 - SLANDER BY DEED
SLANDER BY DEED – is a crime committed
by performing any act which casts dishonor,
discredit or contempt upon another person.
Defense in Defamation:
1. It appears that the matters charged as
libelous is true;
2. It was published with good motives; AND
3. for a justifiable end.

ELEMENTS:  ART. 362 LIBELOUS REMARKS

1. That the offender performs any act not
included in any other crime against honor;
2. That such act is performed in the presence
of other persons;
3. That such act cast dishonor, discredit, or
contempt upon the offended party.

Common Element of Slander by deed
and Unjust Vexation: Irritation or
Annoyance; Without any other concurring
factor, it is only Unjust Vexation; if the
purpose is to shame or humiliate, Slander
by deed.

Libelous remarks or comments connected
with the matter privileged under the
provisions of Art. 354, if made with malice,
shall not exempt the author thereof nor the
editor or managing editor of a newspaper
from criminal liability.
Chapter Two: Incriminatory Machinations
(Art. 363-364)
 ART. 363 – INCRIMINATING
INNOCENT PERSONS

Section Two – General Provisions ELEMENTS:

1. That the offender performs an act;
 ART. 360 - PERSONS RESPONSIBLE 2. That by such act he directly incriminates or
FOR LIBEL imputes to an innocent person the
commission of a crime;
1. The person who publishes exhibits or 3. That such act does not constitute perjury.
causes the publication or exhibition of any
defamation in writing or similar means. INCRIMINATING PERJURY BY
2. The author or editor of a book or INNOCENT MAKING FALSE
pamphlet. PERSONS ACCUSATIONS
3. The editor or business manager of a daily
newspaper magazine or serial publication. Limited to the act of Giving of false
4. The owner of the printing plant which planting evidence and statement under oath
publishes a libelous article with his the like in order to or making a false
incriminate an innocent affidavit, imputing to
consent and all other persons who in any
person the person the
way participate in or have connection with commission of a crime
its publication.
Offender does not Imputation is public
INCRIMINATING avail himself of written and malicious
INNOCENT DEFAMATION or spoken word in calculated to cause
PERSONS besmirching the dishonor, discredit, or
victim’s reputation contempt upon the
offended party.

The defense of contributory negligence
does not apply in criminal cases through
 ART. 364. INTRIGUING AGAINST HONOR reckless imprudence since one cannot
allege negligence of another to evade the

Committed by any person who shall make effects of ones own negligence.
any intrigue which has for its principal
purpose to blemish the honor or reputation THE PENALTIES PROVIDED FOR IN
of another. ARTICLE 365 ARE NOT APPLICABLE
WHEN:
a) the penalty provided for the offense is
TITLE FOURTEEN: QUASI-OFFENSES equal to or lower than those provided in
the first two paragraphs of Art 365
Sole Chapter: Criminal Negligence (Art. b) by imprudence or negligence, and with
365) violation of the Automobile Law, the death
of a person shall be caused
 ART. 365 – IMPRUDENCE AND
NEGLIGENCE QUALIFYING CIRCUMSTANCE: Failing to
lend help. It raises the penalty one degree
Reckless Imprudence – consists in higher.
voluntarily but without malice, doing or failing EXCEPT: Sec. 55 of RA 4136, the driver can
to do an act from which material damage leave his vehicle without aiding the victims if:
results by reason of inexcusable lack of 1. he is in imminent danger of being
precaution on the part of the person harmed,
performing or failing to perform such act, 2. he wants to report to the nearest officer
taking into consideration his employment or of the law, or
occupation, degree of intelligence, physical 3. he desires to summon a physician or
condition and other circumstances regarding a nurse for medical assistance to the
persons, time and place.
injured.
ELEMENTS (RECKLESS IMPRUDENCE):
1. That the offender does or fails to do an
act.
2. That the doing of or the failure to do that
act is voluntary.
3. That it be without malice.
4. That material damage results.
5. That there is inexcusable lack of
precaution on the part of the person
performing or failing to perform such act
taking into consideration -
a) Employment or occupation.
b) Degree of intelligence, physical
condition. and
c) Other circumstances regarding
persons, time and place.

Simple Imprudence - consists in the lack of

precaution displayed in those cases in which
the damage impending to be caused is not
immediate nor the danger clearly manifest.

ELEMENTS (SIMPLE IMPRUDENCE):

1. That there is lack of precaution on the part
of the offender.
2. That the damage impending to be caused
is not immediate nor the danger clearly
manifest.

Art 64 relative to mitigating and

aggravating circumstances is not
applicable to crimes committed through
negligence.