CrimLaw UP2008Book2 PDF

UNIVERSITY OF THE PHILIPPINES
COLLEGE OF LAW
Bar Operations 2008
CRIMINAL LAW II
Bar Operations Head Arianne Reyes
Academics Head Henry Aguda

Ryan Balisacan
Subject Head Sam Poblacion (C2010)
Subject Committee Aragones, Rusell (B2011) * Burkley, Fifi (C2010) *

Catedral, Ralph (C2010) * Cunanan, Therese
(B2011) *
Dy, Michelle (D2011) * Geronimo, Luis (B2011) *
Habacon, George (B2011) * Lecchio, Patrich
(B2011) * Lorenzo, Johanna (B2011) * Peña,
Charisse (B2011) * Sabitsana, Mims (C2011) *
Zamora, Kring (B2011)
Information Management Chino Baybay [Head] * Simoun Salinas [Deputy] *

Committee Rania Joya [Design & Lay-out] * Ludee Pulido
[Documentations] * Linus Madamba * Des
Mayoralgo * Jillian De Dumo * Mike Ocampo * Abel
Maglanque * Edan Marri R. Cañete
Criminal Law 2
TITLE I: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF 1

NATIONS
TITLE II: CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE 6
TITLE III: CRIMES AGAINST PUBLIC ORDER 13
TITLE IV: CRIMES AGAINST PUBLIC INTEREST 27
TITLE V: COMPREHENSIVE DANGEROUS DRUGS ACT 38
TITLE VI: CRIMES AGAINST PUBLIC MORALS 41
TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS 46
TITLE VIII: CRIMES AGAINST PERSONS 66
TITLE IX: CRIMES AGAINST PESONAL LIBERTY AND SECURITY 79
TITLE X. CRIMES AGAINST PROPERTY 94
TITLE XI: CRIMES AGAINST CHASTITY 116
TITLE XII: CRIMES AGAINST THE CIVIL STATUS OF PERSONS 126
TITLE XIII: CRIMES AGAINST HONOR 128
TITLE XIV: QUASI-OFFENSES 133
APPENDIX1: RA 9327 (The Human Security Act of 2007) 135
APPENDIX II: CASE UDPATES 138
APPENDIX III: SUGGESTED ANSWERS TO THE 07 BAR QUESTIONS 140
APPENDIX IV: Q&A 144

I. CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS CRIMINAL LAW II
TITLE I: CRIMES AGAINST NATIONAL Almost all of these are crimes committed
SECURITY AND THE LAW OF NATIONS in times of war, except the following,
which can be committed in times of
Crimes against national security: peace:
1. Treason (Art. 114) (1) Espionage, under Article 114 –
2. Conspiracy and proposal to This is also covered by
commit treason (Art. 115) Commonwealth Act No. 616
3. Misprision of treason (Art. which punishes conspiracy to
116); and commit espionage.
4. Espionage (Art. 117) (2) Inciting to War or Giving Motives
for Reprisals, under Article 118 –
This can be committed even if the
Philippines is not a participant.
o Relevant cases:
Crimes against the law of
§ Flor Contemplacion
nations:
1. Inciting to war or giving (1995)
motives for reprisals (Art. § Abner Afuang
118) (3)Violation of Neutrality, under
Article 119 – The Philippines is not
2. Violation of neutrality
a party to a war but there is a war
(Art. 119)
going on.
3. Corresponding with
hostile country (Art. 220)
A. Treason and Espionage
4. Flight to enemy’s country
(Art. 121)
5. Piracy in general and 1. ARTICLE 114
mutiny on the high seas TREASON
(Art. 122)
Elements
1. Offender is a Filipino or resident
alien;
IMPORTANT POINTS TO REMEMBER: 2. There is a war in which the
Ø The crimes under this title can be Philippines is involved;
prosecuted even if the criminal act 3. Offender either –
or acts were committed outside the a. LEVIES WAR AGAINST THE
Philippine territorial jurisdiction. GOVERNMENT; OR
Ø However, prosecution can proceed b. adheres to the enemies, giving
only if the offender is within them aid or comfort within the
Philippine territory or brought to Philippines or elsewhere
the Philippines pursuant to an
extradition treaty.
Ø Crimes against national security
can be tried only in the Philippines, IMPORTANT POINTS TO REMEMBER
as there is a need to bring the IN THIS ARTICLE
offender here before he can be Requirements of levying war
1. Actual assembling of men;
made to suffer the consequences of
2. To execute a treasonable design by
the law. force;
3. Intent is to deliver the country in
Ø In the case of crimes against the
whole or in part to the enemy; and
law of nations, the offender can be
4. Collaboration with foreign enemy or
prosecuted whenever he may be
some foreign sovereign
found because the crimes are
regarded as committed against
Two ways of proving treason
humanity in general.
1. Testimony of at least two witnesses to
Ø When we say national security, it the same overt act; or
should be interpreted as including 2. Confession of accused in open court.
rebellion, sedition and subversion.
Ø The acts against national security

may be committed abroad and still
be punishable under our law, but it
can not be tried under foreign law.
100% UP LAW UP BAROPS 2008 Page 1 of 155

Ø The criminal liability arises if the

2. ARTICLE 115 treasonous activity was still at the
CONSPIRACY AND PROPOSAL TO conspiratorial stage.
COMMIT TREASON
Ø Any person in authority having the
Elements of conspiracy to commit
equivalent jurisdiction (of a mayor,
treason
fiscal or governor), like a provincial
1. There is a war in which the
Philippines is involved; commander, will already negate
2. At least two persons come to an criminal liability.
agreement to –
a. levy war against the Ø Blood relationship is always
government; or subservient to national security.
b. adhere to the enemies, Article 20 does not apply here.
giving them aid or comfort;
c. They decide to commit it. Ø Under the Revised Penal Code, there
is no crime of misprision of rebellion.
Elements of proposal to commit

treason 4. ARTICLE 117
1. There is a war in which the ESPIONAGE
Philippines is involved;
2. At least one person decides to – ACTS PUNISHED
a. levy war against the 1. By entering, without authority
government; or therefore, a warship, fort or naval
b. adhere to the enemies, giving or military establishment or
them aid or comfort; reservation to obtain any
c. He proposes its execution to information, plans, photograph or
some other persons. other data of a confidential nature
relative to the defense of the
Philippines;
Elements
3. ARTICLE 116 a. Offender enters any of the
MISPRISION OF TREASON places mentioned;
b. He has no authority therefore;
Elements c. His purpose is to obtain
1. Offender owes allegiance to the information, plans, photographs
government, and not a foreigner; or other data of a confidential
2. He has knowledge of conspiracy nature relative to the defense
to commit treason against the of the Philippines.
government;
3. He conceals or does not disclose 2. By disclosing to the representative
and make known the same as of a foreign nation the contents of
soon as possible to the governor the articles, data or information
or fiscal of the province in which referred to in paragraph 1 of
he resides, or the mayor or fiscal Article 117, which he had in his
of the city in which he resides. possession by reason of the public
office he holds.
Elements
a. Offender is a public officer;
IMPORTANT POINT TO REMEMBER:
b. He has in his possession the
articles, data or information
Ø Misprision of treason is a crime that
referred to in paragraph 1 of
may be committed only by citizens of Article 117, by reason of the
the Philippines. public office he holds;
c. He discloses their contents to a
Ø The essence of the crime is that there representative of a foreign
are persons who conspire to commit nation.
treason and the offender knew this
and failed to make the necessary
report to the government within the a. COMMONWEALTH ACT 616 (ESPIONAGE
earliest possible time. LAW): AN ACT TO PUNISH ESPIONAGE AND
OTHER OFFENSES AGAINST NATIONAL
Ø What is required is to report it as soon SECURITY
as possible.
Acts punished
1. Unlawfully obtaining or permitting policies or relations of foreign

to be obtained information country or of a political party or
affecting national defense; pertaining to the foreign or
2. Unlawful disclosing of information domestic policies of the
affecting national defense; Philippines,
3. Disloyal acts or words in times of i. unless the propaganda
peace; being issued or the request
4. Disloyal acts or words in times of being made is prefaced or
war; accompanied by a true and
5. Conspiracy to violate preceding accurate statement to the
sections; and effect that such person is
6. Harboring or concealing violators registered as a foreign
of law. agent under this Act.
b. to be a party to any contract,
b. BP 39 (FOREIGN AGENTS ACT OF 1979) agreement, or understanding,
either express or implied, with
Purpose: For reasons of national a foreign principal pursuant to
security and interest, this act shall which the amount or payment
regulate the activities of foreign of the compensation, fee or
agents and require them to register other remuneration of such
and disclose their political activities in agent is contingent in whole or
the Republic of the Philippines, so that in part upon the success of any
the government and the people of the political activity carried out by
Philippines may be informed of their such agent.
identity and may appraise their c. to make, directly or indirectly,
statements and actions. any contribution of money or
other thing or value, or promise
expressly or impliedly to make
Exemptions. any such contribution, in
This Act shall not apply to any connection with any
person engaging or agreeing to convention, caucus or other
engage only — process to select candidates for
1. In private and non-political any political office.
activities in furtherance of the
bona fide trade or commerce of a 2. It shall be unlawful for any
foreign principal; person in the Philippines to
2. In activities in furtherance of solicit, accept, or receive, directly
bona fide charitable, religious, or indirectly, from any foreign
scholastic, academic, artistic or agent or from a foreign principal,
scientific pursuits; any of the contributions, or
3. In the legal representation of a promises to make such
foreign principal before any court contributions, referred to in
or government agency: Provided, subsection (c) of this Section.
That for purposes of this
subsection, legal representation 3. It shall be unlawful for any public
does not include attempts to officer or employee or his spouse
influence or persuade to act as a foreign agent.
government personnel or officials However, the government may
other than in the course of their employ any foreign agent:
ordinary official business. Provided, That the head of the
employing agency certifies that
Unlawful Acts: such employment is required in
1. It shall be unlawful for any the national interest. A
person within the Philippines certification issued under this
who is a foreign agent: paragraph shall be forwarded by
the head of such agency to the
a. to transmit, convey, or Minister who shall cause the
otherwise furnish to any agency same to be filed along with the
or official of the government for registration statement and other
or in the interest of a foreign documents filed by such agent.
principal any political
propaganda, or to request from c. PD1069 (THE PHILIPPINE EXTRADITION
any agency or official for or in LAW)
the interest of such foreign
principal any information or Aims of Extradition: Extradition may
advice pertaining to any be granted only pursuant to a treaty
political or public interests, or convention, and with a view to:
1. A criminal investigation the requesting state or government,

instituted by authorities of the at a time and place to be determined
requesting state or government by the Secretary of Foreign Affairs,
charging the accused with an after consultation with the foreign
offense punishable under the diplomat of the requesting state or
laws both of the requesting state government.
or government and the Republic
of the Philippines by
imprisonment or other form
relevant extradition treaty or Provisional Arrest.
convention; or A request for provisional arrest shall
be sent to the Director of the National
2. The execution of a prison Bureau of Investigation, Manila, either
sentence imposed by a court of through the diplomatic channels or
the requesting state or direct by post or telegraph.
government, with such duration CONST. ART. IV, SECTION 5.
as that stipulated in the relevant Dual allegiance of citizens is inimical
extradition treaty or convention, to the national interest and shall be
to be served in the jurisdiction of dealt with by law.
and as a punishment for an
offense committed by the B. Provoking War and disloyalty in case
accused within the territorial of war
jurisdiction of the requesting
state or government.
1. ARTICLE 118
Request; By whom made;
INCITING TO WAR OR GIVING
Requirements.
MOTIVES FOR REPRISALS
• The request shall be made by the
Foreign Diplomat of the requesting Elements
state or government, addressed to 1. Offender performs unlawful or
the Secretary of Foreign Affairs. unauthorized acts;
2. The acts provoke or give occasion
• Any foreign state or government for –
with which the Republic of the a. a war involving or liable to
Philippines has entered into involve the Philippines; or
extradition treaty or convention b. exposure of Filipino citizens to
reprisals on their persons or
that remains in force, may request
property.
for the extradition of any accused
who is or suspected of being in the
territorial jurisdiction of the
Philippines. 2. ARTICLE 119
VIOLATION OF NEUTRALITY
Issuance of Summons; Temporary
Arrest; Hearing, Service of Notices. Elements
1. Immediately upon receipt of the 1. There is a war in which the
petition, the presiding judge of the Philippines is not involved;
court shall, as soon as practicable, 2. There is a regulation issued by a
summon the accused to appear competent authority to enforce
and to answer the petition on the neutrality;
day and hour fixed in the order. 3. Offender violates the regulation.
2. The order and notice as well as a
copy of the warrant of arrest, if
issued, shall be promptly served
each upon the accused and the
attorney having charge of the case.
Nature and Conduct of Proceedings.
In the hearing, the provisions of the
Rules of Court insofar as practicable
and not inconsistent with the
summary nature of the proceedings,
shall apply to extradition cases.
Surrender of Accused.
After the decision of the court in an
extradition case has become final and
executory, the accused shall be placed
at the disposal of the authorities of
3. ARTICLE 120 Acts punished as piracy

CORRESPONDENCE WITH HOSTILE
COUNTRY 1. Attacking or seizing a vessel on the
high seas or in Philippine waters;
Elements 2. Seizing in the vessel while on the high
1. It is in time of war in which the seas or in Philippine waters the whole
Philippines is involved; or part of its cargo, its equipment or
2. Offender makes correspondence personal belongings of its
with an enemy country or territory complement or passengers.
occupied by enemy troops;
3. The correspondence is either – Presidential Decree No. 532 (The Anti-
a. prohibited by the government; Piracy and Anti-Highway Robbery Law
b. carried on in ciphers or of 1974)
conventional signs; or
c. containing notice or • Was issued in August 1974,
information which might be punishing piracy, but not mutiny,
useful to the enemy. in Philippine territorial waters.
• Thus came about two kinds of
piracy:
(1) that which is punished
4. ARTICLE 121 under the Revised Penal Code if
LIGHT TO ENEMY'S COUNTRY committed in the high seas; and
(2) that which is punished
Elements under Presidential Decree No. 532
1. There is a war in which the if committed in Philippine
Philippines is involved; territorial waters.
2. Offender must be owing Republic Act No. 7659 (AN ACT TO
allegiance to the government; IMPOSE THE DEATH PENALTY ON
3. Offender attempts to flee or go CERTAIN HEINOUS CRIMES,
to enemy country; AMENDING FOR THAT PURPOSE THE
4. Going to the enemy country is REVISED PENAL CODE, AS AMENDED,
prohibited by competent OTHER SPECIAL PENAL LAWS, AND
authority. FOR OTHER PURPOSES)
• amended Presidential Decree No.

C. Piracy and Mutiny on the High Seas or 532 and now punishes piracy, as
in Philippine Waters and Qualified well as mutiny, whether committed
Piracy in the high seas or in Philippine
territorial waters, and the penalty
has been increased to reclusion
perpetua from reclusion temporal.
1. ARTICLE 122.
PIRACY IN GENERAL AND MUTINY • There is still the crime of abetting
ON THE HIGH SEAS OR IN piracy in Philippine waters under
PHILIPPINE WATERS Presidential Decree No. 532.
Elements of piracy • Piracy cannot co-exist with the

1. The vessel is on the high seas or crime of robbery. Robbery,
Philippine waters; therefore, cannot be committed on
2. Offenders are neither members of board a vessel. But if the taking is
its complement nor passengers of without violence or intimidation on
the vessel; persons of force upon things, the
3. Offenders either – crime of piracy cannot be
a. attack or seize a vessel on the committed, but only theft.
high seas or in Philippine
waters; or • PIRACY is a crime against
b. seize in the vessel while on the humanity (hostes humanes
high seas or in Philippine generis)
waters the whole or part of its
cargo, its equipment or
personal belongings of its
complement or passengers;
c. There is intent to gain.
IMPORTANT POINT TO REMEMBER

Anti hi-jacking is another kind of piracy

2. ARTICLE 123. which is committed in an aircraft. In
QUALIFIED PIRACY other countries, this crime is known as
aircraft piracy.
Elements Four situations governed by anti hi-
1. The vessel is on the high seas or jacking law:
Philippine waters; (1)usurping or seizing control of an
2. Offenders may or may not be aircraft of Philippine registry while it
members of its complement, or is in flight, compelling the pilots
passengers of the vessel; thereof to change the course or
3. Offenders either – destination of the aircraft;
a. attack or seize the vessel; or (2)usurping or seizing control of an
b. seize the whole or part of the aircraft of foreign registry while
cargo, its equipment., or within Philippine territory, compelling
personal belongings of the the pilots thereof to land in any part
crew or passengers; of Philippine territory;
4. The preceding were committed (3)carrying or loading on board an
under any of the following aircraft operating as a public utility
circumstances: passenger aircraft in the Philippines,
a. whenever they have seized a any flammable, corrosive, explosive,
vessel by boarding or firing or poisonous substance; and
upon the same; (4)loading, shipping, or transporting on
b. whenever the pirates have board a cargo aircraft operating as a
abandoned their victims public utility in the Philippines, any
without means of saving flammable, corrosive, explosive, or
themselves; or poisonous substance if this was done
c. whenever the crime is not in accordance with the rules and
accompanied by murder, regulations set and promulgated by
homicide, physical injuries or the Air Transportation Office on this
rape. matter.
• The important thing is that before
the anti hi-jacking law can apply,
IMPORTANT POINTS TO REMEMBER IN the aircraft must be in flight. If
THIS ARTICLE not in flight, whatever crimes
Ø If any of the circumstances in Article committed shall be governed by
123 is present, piracy is qualified. the Revised Penal Code.
Ø Murder, rape, homicide, physical
injuries are mere circumstances
qualifying piracy and cannot be
punished as separate crimes, nor can
they be complexed with piracy.
Ø Although in Article 123 merely refers

to qualified piracy, there is also the
crime of qualified mutiny. Mutiny is
qualified under the following
circumstances:
(1)When the offenders

abandoned the victims
without means of saving
themselves; or
(2)When the mutiny is
accompanied by rape,
murder, homicide, or
physical injuries.
Ø Note that the first circumstance
which qualifies piracy does not
apply to mutiny.
1. REPUBLIC ACT NO. 6235 (THE ANTI

HI-JACKING LAW)

II. CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE CRIMINAL LAW II
TITLE II: CRIMES AGAINST

FUNDAMENTAL LAWS OF THE STATE
The crime of arbitrary detention assumes
1. Arbitrary detention (Art. 124); several forms:
2. Delay in the delivery of detained 1. Detaining a person without legal
persons to the proper judicial grounds;
authorities (Art. 125); 2. Having arrested the offended party
3. Delaying release (Art. 126); for legal grounds but without
4. Expulsion (Art. 127); warrant of arrest, and the public
5. Violation of domicile (Art. 128); officer does not deliver the arrested
6. Search warrants maliciously person to the proper judicial
obtained and abuse in the service of authority within the period of 12,
those legally obtained (Art. 129); 18, or 36 hours, as the case may be;
7. Searching domicile without or
witnesses (Art. 130); 3. Delaying release by competent
8. Prohibition, interruption, and authority with the same period
dissolution of peaceful meetings mentioned in number 2.
(Art. 131); IMPORTANT POINTS TO REMEMBER
9. Interruption of religious worship ABOUT THIS ARTICLE:
(Art. 132);
10.Offending the religious feelings (Art. à A public officer is deemed such when
133) he is acting within the bounds of his
official authority or function.
IMPORTANT POINTS TO REMEMBER • A police officer who employs force
ABOUT THIS TITLE: in excess of what is necessary is
acting outside the bounds of his
à Crimes under this title are those that duties and is considered acting in
violate certain provisions in the Bill of his private capacity (Boado,
Rights. Comprehensive Reviewer in
Criminal Law).
à The primary offender in ARTICLES 124-
132 is a public officer acting under à In a case decided by the Supreme
supposed exercise of official functions, Court a Barangay Chairman who
albeit illegally. unlawfully detains another was held to
• A private person may be liable be guilty of the crime of arbitrary
under these articles ONLY WHEN detention.
he: • This is because he is a person in
o Conspires with a public authority vested with jurisdiction
officer; OR to maintain peace and order within
o Becomes an accomplice or his barangay (Milo v. Salanga,
accessory to said crimes 1987).
à If these crimes are committed by à There must be an actual restraint of

private persons alone, they would be liberty of the offended party.
liable under TITLE IX (Crimes Against • The crime committed is only grave
Personal Liberty and Security). or light threat if the offended party
may still go to the place where he
à ARTICLE 133 can be committed by wants to go, even though there
EITHER a public officer OR a private have been warnings.
person.
à If the offender falsely imputes a crime
A. Arbitrary Detention and Expulsion against a person to be able to arrest him
and appear not determined to file a
1. ARTICLE 124. ARBITRARY DETENTION charge against him, the crime is arbitrary
Elements: detention through unlawful arrest
1) Offender is a public officer or (Boado, Comprehensive Reviewer in
employee; Criminal Law).
2) He detains a person;
3) The detention is without legal
grounds, meaning – ARBITRAR ILLEGAL UNLAW-
i. No crime was committed by the Y DETENTI FUL
detained; DETENTIO ON ARREST
ii. Detainee is not violently insane; N
iii. The person detained has no Offend Public 1)Privat Any
ailment which requires er officer e person
compulsory confinement in a who has person;
hospital.
authority OR
to make 2)Public
arrests officer o without the arresting officer

and detain who is filing a formal charge with
persons acting in the proper court.
a private
capacity à The periods stated are counted only
or when the prosecutor’s office is ready to
beyond receive the complaint or information.
the • Nighttime is NOT included in the
scope of period.
his
official CASES:
duty 1. Sayo v. Chief of Police (1948)
Crimin Deny the Deny the Accuse • “Deliver” means the filing of
al offended offended the correct information with the
intent party of party of offended proper court (or constructive
his liberty his party of delivery --- turning over the person
liberty a crime arrested to the jurisdiction of the
he did court).
not o Purpose is to determine
commit, whether the offense is
deliver bailable or not.
him to
the 2. People v. Tan (1998)
proper • The elements of custodial
authorit investigation are:
y, and o The suspect is deprived of
file the liberty in any significant
necessar manner;
y o The interrogation is initiated
charges by law enforcement
to authorities;
incrimin o The interrogation is
ate him inculpatory in character.
2. ARTICLE 125. DELAY IN THE 3. Sanchez v. Demetriou (1993)

DELIVERY OF DETAINED • Where the invitation comes from a
PERSONS TO THE PROPER powerful group composed
JUDICIAL AUTHORITIES predominantly of ranking military
officers and the designated
Elements: interrogation site is a military
1) Offender is a public officer or camp, the same can be easily
employee; taken, NOT as a strictly voluntary
2) He detains a person for some invitation.
legal ground; o It is an authoritative
3) He fails to deliver such person command that one can only
to the proper judicial defy at his peril.
authorities within –
i. 12 hours for light
penalties;
ii. 18 hours for correctional RA 7438: RIGHTS OF PERSONS
penalties; and ARRESTED, DETAINED, OR UNDER
iii. 36 hours for afflictive or CUSTODIAL INVESTIGATION; DUTIES OF
capital penalties PUBLIC OFFICERS
à Be informed, in a language known to

IMPORTANT POINTS TO REMEMBER and understood by him, of his rights to
ABOUT THIS ARTICLE: remain silent and to have competent and
à This is applicable ONLY WHEN the independent counsel
arrest is without a warrant.
à Be assisted by counsel at all times
à At the beginning, the detention is legal • Preferably of his own choice
since it is in the pursuance of a lawful o If the person arrested,
arrest. detained, or under custodial
• Detention becomes arbitrary when investigation cannot afford
the the services of counsel, the
o applicable period lapses investigating officer must
provide him with one.
à Any waiver by a person arrested or

• Counsel shall at all times be detained under the provisions of Article
allowed to confer privately with 125 of the Revised Penal Code, or under
the person custodial investigation, shall be in
writing and signed by such person in the
à Be visited by or have conferences with: presence of his counsel.
• Any member of his immediate
family, which INCLUDES –
o spouse, 3. ARTICLE 126. DELAYING
o fiancé or fiancée, RELEASE
o parent or child,
o brother or sister, Elements:
o grandparent or grandchild, 1) Offender is a public officer or
o uncle or aunt, employee;
o nephew or niece, AND 2) There is a judicial or executive
o guardian or ward order for the release of a
prisoner or detention prisoner,
• Any medical doctor OR priest OR OR
religious minister A proceeding upon a petition
o Chosen by him, or by any for the liberation of such
member of his immediate person;
family, or by his counsel 3) Offender without good reason
delays –
• Any national non-governmental i. the service of the notice of
organization duly accredited by the such order to the prisoner;
Commission on Human Rights or ii. the performance of such
the Office of the President. judicial or executive order for
the release of the prisoner;
à The custodial investigation report shall OR
be reduced to writing by the iii. the proceedings upon a
investigating officer. petition for the release of
• Its contents shall be read and such person.
adequately explained by the
counsel to the person arrested or
detained BEFORE he signs or puts
his thumbmark thereto. 4. ARTICLE 127. EXPULSION
• Otherwise, such investigation Elements:

report shall be null and void and of 1) Offender is a public officer or
no effect whatsoever. employee;
2) He either –
à Any extrajudicial confession made by a i. expels any person from the
person arrested, detained or under Philippines; or
custodial investigation shall be in ii. compels a person to change
writing. residence;
• It shall be signed by the person in 3) Offender is not authorized to do
the presence of his counsel. so by law.
o In the absence of counsel
AND upon a valid waiver, in
the presence of any of the CASES:
following: 1. Villavicencio v. Lukban (1919)
§ Parents; • The city mayor of Manila
§ Elder brothers and committed the crime of expulsion
sisters; when he ordered certain
§ Spouse; prostitutes to be transferred to
§ Municipal mayor, Davao WITHOUT observing due
municipal judge, processes since they have not been
district school charged with any crime.
supervisor; OR
§ Priest or minister of 2. Marcos v. Manglapus (1989)
the gospel as chosen • The request or demand of the
by the person Marcoses to be allowed to return
to the Philippines cannot be
• Otherwise, such extrajudicial considered in light solely of the
confession shall be inadmissible as constitutional provisions
evidence in any proceeding. guaranteeing liberty of abode and

the right to travel which are à Stop and frisk is no longer included.
neither absolute nor inflexible.
à “Against the will” means that the
• Considering the unusual offender ignored the prohibition of the
circumstances and the attendant owner which may be express or implied
national security issues, the matter as when the door is closed even though
can be appropriately addressed by not locked (Boado, Comprehensive
the residual powers of the Reviewer in Criminal Law).
president which are implicit in and
correlative to the paramount duty
residing in that office to safeguard 2. UNLAWFUL USE OF SEARCH
and protect general welfare. WARRANTS (Arts. 129-130)
B. Violation of Domicile
ARTICLE 129. SEARCH WARRANTS
MALICIOUSLY OBTAINED, AND ABUSE
1. ARTICLE 128. VIOLATION OF OF SERVICE OF THOSE LEGALLY
DOMICILE OBTAINED
Acts punished
Elements: 1. Procuring a search warrant
1) Offender is a public officer or without just cause;
employee; Elements:
2) He is not authorized by i. Offender is a public officer or
judicial order – employee;
i. To enter the dwelling, or ii. He procures a search warrant;
ii. To make a search therein iii. There is no just cause.
for papers or other effects;
2. Exceeding his authority or using
OR
unnecessary severity in executing a
iii. He refuses to leave, after search warrant legally procured.
having surreptitiously Elements:
entered such dwelling and i. Offender is a public officer or
been required to leave the employee;
same ii. He has legally procured a search
warrant;
Qualifying Circumstances: iii. He exceeds his authority or uses
1) If committed at nighttime; or unnecessary severity in executing
the same.
2) If any papers or effects not
constituting evidence of a
crime are not returned
immediately after the search
made by offender ARTICLE 130. SEARCHING DOMICILE
WITHOUT WITNESSES
Elements:
IMPORTANT POINTS TO REMEMBER
1) Offender is a public officer or
ABOUT THIS ARTICLE: employee;
2) He is armed with search warrant
à Under RULE 113 OF THE REVISED legally procured;
RULES OF COURT a public officer, who 3) He searches the domicile, papers or
breaks into the premise, incurs no other belongings of any person;
liability WHEN a person to be arrested 4) The owner, or any members of his
enters said premise and closes it family, or two witnesses residing in
thereafter. the same locality are not present.
• The public officer should have first
given notice of an arrest.
RULE 116: SEARCH AND SEIZURE
à According to People vs. Doria (1999) à A search warrant is an order in writing
and People vs. Elamparo (2000)1, the -
following are the accepted exceptions to • Signed by a judge
the warrant requirement:
• Search incidental to an arrest; • Directed to a peace officer,
• Search of moving vehicles; commanding him to search for
• Evidence in plain view; personal property described
• Customs searches; AND therein and bring it before the
• Consented warrantless search. court
à Requisites for issuing a search

1
Compare these two to the earlier case: Malacat v. warrant:
CA, December 1997.
• Probable cause, in connection with age and discretion residing in the

one specific offense, to be same locality.
determined personally by the
judge
o AFTER examination under C. ARTICLE 131. PROHIBITION,
oath or affirmation of the INTERRUPTION AND DISSOLUTION OF
complainant and the witness PEACEFUL MEETINGS
he may produce
Elements:
• Particular description of –
o Place to be searched; AND employee;
o Things to be seized which 2) He performs any of the following
may be anywhere in the acts:
Philippines i. prohibiting or by interrupting,
without legal ground, the
à EVEN IF the search warrant is valid holding of a peaceful meeting,
there is violation of domicile in the or by dissolving the same;
following situations where: ii. hindering any person from
joining any lawful association,
• The officer exceeded his authority
or attending any of its
under the search warrant; meetings;
iii. prohibiting or hindering any
• He employed excessive severity or person from addressing, either
destruction in the house; alone or together with others,
any petition to the authorities
• The search was made when the for the correction of abuses or
occupants were absent and the redress of grievances.
search is conducted without at
least 2 witnesses residing in the
locality where the search was
ABOUT THIS ARTICLE:
made (Boado, Comprehensive
à The government has a right to require
Reviewer in Criminal Law).
a permit before any gathering could be
made.
à An officer may break open any outer or
• HOWEVER, the government only
inner door or window of a house or any
has regulatory, NOT
part of a house or anything therein WHEN
PROHIBITORY, powers with regard
these circumstances concur:
to such requirement.
• He is refused admittance to the
place of directed search;
à The permit should state the day, time,
and place of the gathering.
• His purpose is to execute the
warrant to liberate himself or any
à If the permit is denied arbitrarily, OR
person lawfully aiding him when
the officer dictates the place where the
unlawfully detained therein;
meeting is to be held, this article is
VIOLATED.
• He has given notice of his purpose
and authority.
à If in the course of the assembly, which
started out peacefully, the participants
à The warrant must direct that it be
commited illegal acts like oral defamation
served in the day time.
or inciting to sedition, a public officer or
• HOWEVER, it can be served at any
law enforcer can stop or dissolve the
time of the day or night WHEN the
meeting.
affidavit asserts that the property
is on the person or in the place
à Two criteria to determine whether this
ordered to be searched.
article would be violated:
• Dangerous tendency rule –
à A search warrant shall be valid for ten
applicable in times of national
(10) days from its date.
unrest such as to prevent coup
d’etat.
à The officer seizing the property under
the warrant must give a detailed receipt
• Clear and present danger rule –
for the same to the lawful occupant of
applied in times of peace. Stricter
the premises in whose presence the
rule.
search and seizure were made.
• In the absence of such occupant,
the officer must leave a receipt in
D. Crimes against Religious Worship
the place in which he found the
seized property in the presence of
at least two witnesses of sufficient

viewed through an unbiased

1. ARTICLE 132. INTERRUPTION OF judicial criterion.
RELIGIOUS WORSHIP o This later became the
majority decision in People
Elements: v. Tengson.
employee;
2) Religious ceremonies or 2. People v. Nanoy
manifestations of any religious • The crime is only UNJUST
are about to take place or are VEXATION when the act is NOT
going on; directed to the religious belief
3) Offender prevents or disturbs itself and there is no intention of
the same. causing so serious a disturbance as
to interrupt a religious ceremony.
à Qualified if committed by violence or

threat.
2. ARTICLE 133. OFFENDING THE

RELIGIOUS FEELINGS
Elements:
1) Acts complained of were
performed in a place devoted to
religious worship, OR during the
celebration of any religious
ceremony;
2) The acts must be notoriously
offensive to the feelings of the
faithful.
CASES:
1. People v. Baes (1939)
• An act is NOTORIOUSLY
OFFENSIVE to the religious
feelings when a person:
o ridicules or makes light of
anything constituting a
religious dogma
o works or scoffs at anything
devoted to religious
ceremonies
o plays with or damages or
destroys any object or
veneration by the faithful
• WON an act is offensive to the

religious feelings, is a question of
fact which must be adjudged only
according to the feelings of the
Catholics and not those of other
faithful ones.
o What happened in this case
was that a Catholic priest
complained against a group
that passed by the
churchyard as they were
holding the funeral rites of a
Church of Christ member.
• Laurel Dissent: The determination

should NOT be made to depend
upon more or less broad or narrow
conception of any given religion.
Facts and circumstances should be
III. CRIMES AGAINST PUBLIC ORDER CRIMINAL LAW II
TITLE III: CRIMES AGAINST PUBLIC any of their powers or

ORDER prerogatives.
1. Rebellion or insurrection (Art. 134); IMPORTANT POINTS TO REMEMBER

2. Conspiracy and proposal to commit ABOUT THIS ARTICLE:
rebellion (Art. 136);
3. Disloyalty to public officers or Ø Rebellion—more frequently used
employees (Art. 137); where the object of the movement is
4. Inciting to rebellion (Art. 138); completely to overthrow and
5. Sedition (Art. 139); supersede the existing government
6. Conspiracy to commit sedition (Art. (Reyes, citing 30 Am. Jr. 1)
141);
7. Inciting to sedition (Art. 142); Ø Insurrection—more commonly
8. Acts tending to prevent the meeting of employed in reference to a movement
Congress and similar bodies (Art. which seeks merely to effect some
143); change of minor importance, or to
9. Disturbance of proceedings of prevent the exercise of governmental
Congress or similar bodies (Art. 144); authority with respect to particular
10.Violation of parliamentary immunity matters or subjects (Reyes, citing 30
(Art. 145); Am. Jr. 1)
11.Illegal assemblies (Art. 146);
12.Illegal associations (Art. 147); Ø There is no crime of misprision of
13.Direct assaults (Art. 148); rebellion.
14.Indirect assaults (Art. 149);
15.Disobedience to summons issued by Ø Rebellion cannot be complexed with,
Congress, its committees, etc., by the but absorbs other crimes committed
constitutional commissions, its in furtherance of rebellion. There is no
committees, etc. (Art. 150); complex crime of rebellion with
16.Resistance and disobedience to a murder and other common crimes.
person in authority or the agents of
such person (Art. 151); Ø Rebellion is not covered by Art. 2 on
17.Tumults and other disturbances of extraterritorial jurisdiction.
public order (Art. 153);
18.Unlawful use of means of publication Difference Between Rebellion and
and unlawful utterances (Art. 154); Treason
19.Alarms and scandals (Art. 155);
20.Delivering prisoners from jails (Art. Rebellion Treason
156); The levying of war The levying of war
21.Evasion of service of sentence (Art. against the against the
157); government during government would
22.Evasion on occasion of disorders (Art. peace time for any constitute treason
158); purpose mentioned when performed to
23.Violation of conditional pardon (Art. in Art. 134 aid the enemy
159); Always involves Mere adherence to
24.Commission of another crime during taking up arms the enemy giving
service of penalty imposed for another against the him aid and
previous offense (Art. 160). government. comfort
A. Rebellion, Coup d’ Etat, Sedition and Difference between Rebellion and

Disloyalty Subversion
1. Rebellion or Insurrection Rebellion Subversion

Crime against Crime against
Art. 134: Rebellion/Insurrection pubic order national security
Elements: There must be Being officers and
public uprising to ranking members
1. There is a public uprising and taking overthrow the of subversive
arms against the government; government groups constitute
2. The purpose of the uprising or subversion
movement is –
a. to remove from the allegiance to Difference between Rebellion and
the government or its laws Sedition
Philippine territory or any part
thereof, or any body of land, naval, Rebellion Sedition
or other armed forces; or There must be It is sufficient that
b. to deprive the Chief Executive or taking up or arms the public uprising
Congress, wholly or partially, of against the be tumultuous.
government.
Article 134-A: Coup d’ Etat
The purpose is The purpose may
always political. be political or Elements
social. 1. Offender is a person or persons
belonging to the military or police
or holding any public office or
employment;
1. Enrile v Salazar (1990) 2. It is committed by means of a
Ø The doctrine laid down in People v swift attack accompanied by
Hernandez remains good law. (In violence, intimidation, threat,
Hernandez, the Court ruled that strategy or stealth;
rebellion cannot be complexed with 3. The attack is directed against
common crimes.) Why? the duly constituted authorities of
• There are no new challenges the Republic of the Philippines, or
presented to the Court that are any military camp or installation,
persuasive enough to merit the communication networks, public
reversal of Hernandez. utilities or other facilities needed
• President Aquino repealed PD 942 for the exercise and continued
which sought to nullify Hernandez. possession of power;
By enacting a new provision in the 4. The purpose of the attack is to
RPC which states that, “when seize or diminish state power.
reason, or on the occasion, of an of
the crimes penalized in this
Chapter, acts which constitute IMPORTANT POINTS TO REMEMBER
offenses upon which graver ABOUT THIS ARTICLE:
penalties are imposed by law are
committed, the penalty for the à Essence of the crime: Swift attack
more serious offense in its against the government, its military
maximum period shall be camps an installations, etc.
imposed,” she has reinstated
Hernandez as binding. à It may be committed singly or
collectively
2. Ponce Enrile v Amin (1990)
Ø All crimes, whether punishable under à Requires as a principal offender a
special a or general law, which are member of the AFP, PNP, or a public
mere components or ingredients, or officer with or without civilian support
committed in furtherance thereof,
become absorbed in the crime or à Objective: To destabilize, immobilize,
rebellion and cannot be isolated and or paralyze the existing government by
charged as separate crimes taking over such facilities essential to the
themselves. continued exercise of governmental
powers.
3. People v. Lovedioro (1995)
Ø The political motive of the act should à Committed through force, violation,
be clearly demonstrated. intimidation, threat, strategy or stealth
Ø If this could not be done, the accused (Boado, Comprehensive Reviewer in
should be convicted of the common Criminal Law).
crime not of rebellion.
Penalty for Rebellion, Insurrection or
2. Coup d’ etat Coup d’ etat (Art. 135)
Persons liable for rebellion,

insurrection or coup d' etat
The leaders –
a. Any person who
promotes, maintains or heads a
rebellion or insurrection; or

4. Disloyalty of Public Officers or

b. Any person who leads, Employees
directs or commands others to
undertake a coup d' etat;
Punishable acts:
The participants –
1. Failing to resist a rebellion by all
a. Any person who participates or
means in their power
executes the commands of
2. Continuing to discharge the duties
others in rebellion, insurrection
of their office under the control of the
or coup d' etat;
rebels
b. Any person not in the
3. Accepting appointment to office
government service who
under the rebels.
participates, supports, finances,
abets or aids in undertaking a
coup d' etat. IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
IMPORTANT POINTS TO REMEMBER ØThe crime presupposes rebellion

ABOUT THIS ARTICLE: committed by other persons.
ØMere silence or omission is not ØOffender must not be in conspiracy with

punishable. the rebels.
ØIf under the command of unknown ØEffect of conspiracy: Public officer is

leaders, any person who spoke for, himself guilty of rebellion.
signed receipts and other documents
issued in their name on behalf of the
rebels shall be deemed a leader. 5. Inciting to Rebellion or Insurrection
ØNot a defense: The accused did not take

the oath of allegiance to, or that thy Article 138. Inciting to Rebellion
never recognized the government. or Insurrection
Question: What is a political crime? Elements

1. Offender does not take arms or
Answer: Those directly aimed against the is not in open hostility against
political order; includes common crimes the government;
committed to achieve a political purpose. 2. He incites others to the
Decisive factor: Intent. execution of any of the acts of
rebellion;
3. Conspiracy and Proposal to Commit 3. The inciting is done by means
Rebellion, Insurrection, or Coup d’Etat of speeches, proclamations,
(Art. 136) writings, emblems, banners or
other representations tending
There are two crimes punished here:
IMPORTANT POINT TO REMEMBER ABOUT
Ø Conspiracy to commit rebellion;
THIS ARTICLE:
and
Ø Proposal to commit rebellion.
Ø Can only be committed by civilians who
do not take part therein.
§ Conspiracy—when two or more
persons come to an agreement to rise
Difference Between Inciting to Rebellion
publicly and take arms against
and Proposal to Commit Rebellion
government for any of the purposes of
rebellion and decide to commit it.
Inciting to Proposal to Commit
Rebellion Rebellion
§ Proposal—when the person who has
decided to rise publicly and take arms The offender induces another to commit
against the government for any of the rebellion.
purposes of rebellion proposes its The person who There is no need
execution to some other person or proposes has that the offender
persons. decided to commit has decided to
rebellion. commit rebellion.
The person who The act of inciting
proposes the is done publicly.
execution of the
crime uses secret
means. Comprehensive Reviewer in Criminal

Law).
NOTE: In both, the crime of rebellion
should not be actually committed by the Difference Between Sedition and Treason
persons to whom it is proposed or who
are incited; otherwise, they become Sedition Treason
principals by inducement in the crime of It is the raising of It is the violation
rebellion. commotions or by a subject of his
disturbances in the allegiance to his
6. Sedition State. sovereign.
Article 139: Sedition Note: For differences between Sedition

and Rebellion, please GO to page 15.
Elements:
1. Offenders rise publicly and 1. People v Cabrera
tumultuously; • Definition of Sedition: The raising
2. Offenders employ force, of commotions or disturbance in
intimidation, or other means the State
outside of legal methods; • No distinction! It is not necessary
3. Purpose is to attain any of the that the offender be a private
following objects: citizen and the offended party a
public functionary.
a. To prevent the
promulgation or execution of Persons Liable for Sedition (Art. 140)
any law or the holding of any
popular election;
b. To prevent the national Persons liable for sedition under
government or any provincial Article 140
or municipal government, or
any public officer from 1. The leader of the sedition;
exercising its or his functions 2. Other person participating in
or prevent the execution of an the sedition.
administrative order;
c. To inflict any act of hate or
revenge upon the person or 7. Conspiracy to Commit Sedition (Art.
property of any public officer 141)
or employee;
d. To commit, for any political Ø In this crime, there must be an
or social end, any act of hate agreement and a decision to rise
or revenge against private publicly and tumultuously to attain
persons or any social classes; any of the objects of sedition.
e. To despoil for any political
or social end, any person, Ø There is no proposal to commit
municipality or province, or sedition.
the national government of all
its property or any part
thereof.

ABOUT THIS ARTICLE:
Ø Definition of Tumultuous: If caused by

more than three persons who are
armed or provided with the mans of
violence
Ø The purpose of this crime is not the

overthrow of the government but the
violation of public peace.
Ø Under R.A. 8294, sedition absorbs the

use of unlicensed firearm as an
element thereof; hence, not
aggravating, and the offender can no
longer be prosecuted for illegal
possession of firearm. (Boado,

8. Inciting to Sedition officer concerned or a social class may

amount to Inciting to Sedition. Article
142 is, therefore, quite broad.
Article 142: Inciting to Sedition
Ø Tests relative to seditious words:
Acts punished Clear and Present Danger, and
1. Inciting others to the Dangerous Tendency
accomplishment of any of the
acts which constitute sedition 1. US v Tolentino
by means of speeches, • The manifest, unmistakable
proclamations, writings, tendency of the play, in view of the
emblems, etc.; time, place, and manner of its
2. Uttering seditious words or presentation, was to inculcate a
speeches which tend to disturb spirit of hatred and enmity against
the public peace; the American people and the
3. Writing, publishing, or Government of the US in the
circulating scurrilous libels Philippines.
against the government or any
of the duly constituted B. Crimes Against Popular Representation
authorities thereof, which tend
to disturb the public peace. 1. Acts Tending to Prevent the Meeting of
the Assembly and Similar Bodies
Elements of Act No. 1:
1. Offender does not take direct Article 143. Acts Tending to

part in the crime of sedition; Prevent the Meeting of the
2. He incites others to the Congress of the Philippines
accomplishment of any of the and Similar Bodies
acts which constitute sedition;
Inciting is done by means of Elements
speeches, proclamations,
writings, emblems, cartoons, 1. There is a projected or actual
banners, or other meeting of Congress or any of
representations tending its committees or
towards the same end. subcommittees, constitutional
committees or divisions
Acts No. 2 and No.3 Punishable thereof, or of any provincial
when: board or city or municipal
1. They tend to disturb or council or board;
obstruct any lawful officer in 2. Offender, who may be any
executing the functions of his person, prevents such
office meetings by force or fraud.
2. They tend to instigate others to
cabal and meet together for
unlawful purposes
3. They suggest or incite 2. Disturbance of Proceedings
rebellious conspiracies or riots
4. They lead or tend to stir up the
people against the lawful Article 144. Disturbance of
authorities or disturb the peace Proceedings
of the community, and the
Elements
safety and order of the
1. There is a meeting of Congress or
government.
any of its committees or
subcommittees, constitutional
commissions or committees or
divisions thereof, or of any
ABOUT THIS ARTICLE:
provincial board or city or
municipal council or board;
Ø Only non-participant in sedition may 2. Offender does any of the following
be liable. acts:
a. He disturbs any of such
Ø Considering that the objective of meetings;
sedition is to express protest against b. He behaves while in the
the government and in the process presence of any such bodies in
creating hate against public officers, such a manner as to interrupt its
any act that will generate hatred proceedings or to impair the
against the government or a public respect due it.

Ø Parliamentary immunity does not

IMPORTANT POINTS TO REMEMBER protect members of Congress from
ABOUT THIS ARTICLE: responsibility before Congress itself
Ø 1987 Consti: Members of Congress not
Ø Complaint may be filed by a member of liable for offenses punishable by a
the legislative body. penalty less than prision mayor (6 yrs
and 1 day to 12 yrs), while Congress
Ø One who disturbs may also be punished is in session.
for contempt by Congress.
C. Illegal Assemblies and Associations
3. Violation of Parliamentary Immunity
1. Illegal Assemblies
Article 145. Violation of ARTICLE 146. ILLEGAL

Parliamentary Immunity ASSEMBLIES
Acts punished Acts punished

1. Using force, intimidation, 1. Any meeting attended by
threats, or frauds to prevent armed persons for the purpose
any member of Congress from of committing any of the crimes
attending the meetings of punishable under the Code;
Congress or of any of its
committees or subcommittees, Elements
constitutional commissions or a. There is a meeting, a gathering
committees or divisions or group of persons, whether in
thereof, or from expressing his fixed place or moving;
opinion or casting his vote; b. The meeting is attended by
armed persons;
Elements c. The purpose of the meeting is
a) Offender uses force, to commit any of the crimes
intimidation, threats or fraud; punishable under the Code.
b)The purpose of the offender is to
prevent any member of Congress 2. Any meeting in which the
from: audience, whether armed or
i. attending the meetings of not, is incited to the
the Congress or of any of its commission of the crime of
committees or treason, rebellion or
constitutional commissions, insurrection, sedition, or
etc.; assault upon person in
ii. expressing his opinion; or authority or his agents.
iii. casting his vote.
Elements
2. Arresting or searching any a. There is a meeting, a gathering
member thereof while Congress is or group of persons, whether in
in regular or special session, a fixed place or moving;
except in case such member has b. The audience, whether armed
committed a crime punishable or not, is incited to the
under the Code by a penalty commission of the crime of
higher than prision mayor. treason, rebellion or
insurrection, sedition or direct
Elements assault.
a. Offender is a public officer of
employee;
b. He arrests or searches any
ABOUT THIS ARTICLE:
member of Congress;
c. Congress, at the time of arrest
Ø Persons liable for illegal assembly
or search, is in regular or
1. The organizer or leaders of the
special session;
meeting;
d. The member arrested or
2. Persons merely present at the
searched has not committed a
meeting, who must have a common
crime punishable under the Code
intent to commit the felony of illegal
by a penalty higher than prision
assembly.
mayor.
Ø Presumptions if a person carried an
unlicensed firearm:

ABOUT THIS ARTICLE:
• The purpose of the meeting insofar D. Assault Upon, and Resistance and
as he is concerned is to commit Disobedience to, Persons in Authority
acts punishable under the RPC and their Agents
• He is considered a leader or
organizer of the meeting. (Note: 1. Direct Assault
Not all persons present at the
meeting of the first form of illegal
assembly must be armed.) ARTICLE 148. DIRECT ASSAULT
2. Illegal Associations ACTS PUNISHED

1. Without public uprising, by
ILLEGAL ASSOCIATIONS
employing force or intimidation
1. Associations totally or partially
for the attainment of any of the
organized for the purpose of
purposes enumerated in
committing any of the crimes
defining the crimes of rebellion
punishable under the Code;
and sedition;
2. Associations totally or partially
organized for some purpose
Elements
contrary to public morals.
a. Offender employs force or
IMPORTANT POINTS TO REMEMBER intimidation;
ABOUT THIS ARTICLE: b. The aim of the offender is to
attain any of the purposes of the
Ø Persons liable crime of rebellion or any of the
objects of the crime of sedition;
1. Founders, directors and president
c. There is no public uprising.
of the association;
2. Mere members of the association.
2. Without public uprising, by
attacking, by employing force or
Ø Public Morals- matters which affect
by seriously intimidating or by
the interest of society and public
seriously resisting any person in
convenience and is not limited to good
authority or any of his agents,
customs
while engaged in the
performance of official duties,
Difference Between Illegal Association
or on occasion of such
and Illegal Assembly
performance.
Illegal Assembly Illegal Association
Elements
There must be an Actual meeting not
a. Offender makes an attack,
actual meeting or necessary
employs force, makes a serious
assembly
intimidation, or makes a serious
What is punished What is punished
resistance;
are the meeting and is the act of
b. The person assaulted is a
the attendance forming or
person in authority or his agent;
therein organizing the
c. At the time of the assault, the
association
person in authority or his agent
Persons liable: Persons liable: is engaged in the actual
1. Organizers or 1. Founders, performance of official duties,
leaders of the directors, or that he is assaulted by reason
meeting president of the past performance of
2. Persons 2. The official duties;
present at members d. Offender knows that the one he
the meeting is assaulting is a person in
authority or his agent in the
exercise of his duties.
e. There is no public uprising.

ABOUT THIS ARTICLE:
Ø The first form of direct assault is

tantamount to rebellion or sedition,
except that there is no pubic uprising.
Ø Classifications of direct assault:

simple and qualified.

Ø When qualified: Ø Teachers, lawyers and heads of

• There is a weapon employed in the schools recognized by government are
attack persons in authority only for purposes
• The offender is a public officer of Art. 152 in relation to Arts. 148 and
• The offender lays hands on a public 151, and in connection with their
authority duties.
Ø When the assault results in the killing Ø A person in authority includes a

of that agent or of a person in barangay chairman and members of
authority, there arises a complex the Lupong Tagapagkasundo as
crime of direct assault with murder or provided under the Local Government
homicide. Code. (Boado, Comprehensive
Reviewer in Criminal Law)
Ø The only time when it is not
complexed is when material 2. Indirect Assault
consequence is a light felony, that is,
slight physical injury. Direct assault
absorbs the lighter felony. ARTICLE 149. INDIRECT ASSAULT
Elements
Ø Resistance or disobedience to an
1. A person in authority or his agent
agent of a person in authority is
is the victim of any of the forms of
always serious, but to an agent of a
direct assault defined in Article
person in authority, it may or may not
148;
be serious.
2. A person comes to the aid of such
authority or his agent;
Ø If the public officer is not a person in
3. Offender makes use of force or
authority, the assault on him is an
intimidation upon such person
aggravating circumstance in Art. 14,
coming to the aid of the authority
no. 3 (rank). (Boado, Comprehensive
or his agent.
Persons in Authority and Agents of

Persons in Authority (Art. 152) IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Public Persons in Agents of a
Officer Authority Person in Can only be committed when a direct
Authority assault is also committed.
Any person Any person Any person
Art. 152 clothes any person who comes
who takes directly who, by
to the aid of a person in authority with
part in the vested with direct
the fiction of an agent of a person in
performanc jurisdiction, provision of
authority. Any assault on him on the
e of public whether as law or by
occasion of his aiding a person in
functions in an individual election or
authority or his agent in indirect
the or as a by
assault.
governmen member of appointmen
t. some court t by
3. Disobedience to Summons Issued by
or competent
Congress, Its Committees or
government authority,
Subcommittees, by the Constitutional
al is charged
Commissions, Its Committees,
corporation, with the
Subcommit-tees or Divisions
board or maintenanc
commission. e of public
order and
he
protection
and
security of
life and
property.

ARTICLE 150. DISOBEDIENCE TO ARTICLE 151. RESISTANCE AND

SUMMONS ISSUED BY CONGRESS, DISOBEDIENCE TO A PERSON IN
ITS COMMITTEES OR AUTHORITY OR THE AGENTS OF SUCH
SUBCOMMITTEES, BY THE PERSON
CONSTITUTIONAL COMMISSIONS,
ITS COMMITTEES, SUBCOMMIT-
TEES OR DIVISIONS Elements of resistance and serious
disobedience:
Acts punished 1. A person in authority or his agent
1. By refusing, without legal is engaged in the performance of
excuse, to obey summons of official duty or gives a lawful order
Congress, its special or to the offender;
standing committees and 2. Offender resists or seriously
subcommittees, the disobeys such person in authority
Constitutional Commissions and or his agent;
its committees, subcommittees 3. The act of the offender is not
or divisions, or by any included in the provision of
commission or committee Articles 148, 149 and 150.
chairman or member authorized
to summon witnesses; Elements of simple disobedience:
2. By refusing to be sworn or 1. An agent of a person in authority
placed under affirmation while is engaged in the performance of
being before such legislative or official duty or gives a lawful order
constitutional body or official; to the offender;
3. By refusing to answer any legal
inquiry or to produce any 2. Offender disobeys such agent of a
books, papers, documents, or person in authority;
records in his possession, when 3. Such disobedience is not of a
required by them to do so in the serious nature.
exercise of their functions;

4. By restraining another from THIS ARTICLE:
attending as a witness in such
legislative or constitutional body; The accused must have knowledge that
5. By inducing disobedience to a the person giving the order is a peace
summons or refusal to be sworn officer.
by any such body or official.
Difference Between Serious Disobedience
and Direct Assault
Serious Direct Assault
THIS ARTICLE:
Disobedience
Only in the The Pub Authority or
The testimony of a person summoned
actual the Agent of the Pub
must be upon matters into which the
performance of Authority must be
legislature has jurisdiction to inquire.
duties engaged in the
performance of
4. Article 151. Resistance and
official duties or that
Disobedience to A Person in Authority or
he is assaulted by
the Agents of Such Person
reason thereof.
Use of force is There is force
not so serious. employed.

E. Public Disorders Ø Definition of outcry: to shout

subversive or provocative words
1. Tumults and Other Disturbances tending to stir up the people to obtain
by means of force or violence any of
the objects of rebellion or sedition.
ARTICLE 153. TUMULTS AND OTHER
DISTURBANCES OF PUBLIC ORDER Ø If done unconsciously: This article
applies.
Acts Punished:
1. Causing any serious disturbance Ø If done with intent to commit
in a public place, office or rebellion or sedition: The crime is
establishment; inciting to rebellion or sedition.
2. Interrupting or disturbing
performances, functions or Ø Definition of tumultuous: If caused by
gatherings, or peaceful more than 3 persons who are armed
meetings, if the act is not or provided with the means of
included in articles 131 and violence
132;
3. Making any outcry tending to Ø Definition of “burying with pomp the
incite rebellion or sedition in body of a person”: ostentatious
any meeting, association or display of a burial
public place;
4. Displaying placards or emblems 2. Unlawful Use of Means of Publication
which provoke a disturbance of and Unlawful Utterances
public order in such place;
5. Burying with pomp the body of a IMPORTANT POINTS TO REMEMBER
person who has been legally ABOUT THIS ARTICLE:
executed.
Ø To be liable, the offender must know
that the news is false
Ø Actual public disorder or actual
damage to the credit of the State is
ABOUT THIS ARTICLE:
not necessary.
Ø Serious disturbance must be planned
or intended.
Article 154: Unlawful Use of Means
Ø This article applies if the disturbance
of Publication and Unlawful
is not caused by a public officer; or, if
Utterances
it is committed by a public officer, he
is a participant therein.
Acts Punished:
1. Publishing or causing to be
published as news any false
news which may endanger the
ARTICLE 155. ALARMS AND public order, or cause damage
SCANDALS to the interest or credit of the
State
Acts Punished 2. Encouraging disobedience to the
1. Discharging any firearm, rocket, law or the constituted
firecracker, or other explosive within authorities or by praising,
any town or public place, calculated justifying or extolling any act
to cause (which produces) alarm of punished law, by the same
danger; means or by words, utterances
or speeches
2. Instigating or taking an active 3. Maliciously publishing or
part in any charivari or other causing to be published any
disorderly meeting offensive to official resolution or document
another or prejudicial to public without authority, or before
tranquility; they have been published
officially
4. Printing, publishing or
distributing (or causing the
same) books, pamphlets,
periodicals, or leaflets which do
no bear the real printer’s name,
or which are classified as
anonymous.

3. Alarms and Scandals private person. Both crimes may be

committed by public officers as well
as private persons.
3. Disturbing the public peace while
wandering about at night or Ø The only point of distinction between
while engaged in any other the two crimes lies on whether the
nocturnal amusements; offender is the custodian of the
4. Causing any disturbance or prisoner or not at the time the
scandal in public places while prisoner was made to escape.
intoxicated or otherwise,
provided Article 153 in not Ø If the prisoner who escapes is only a
applicable. detention prisoner, he does not incur
liability from escaping if he does not
know of the plan to remove him from
jail.
ABOUT THIS ARTICLE: Ø But if such prisoner knows of the plot
to remove him from jail and
Ø The crime alarms and scandal is only cooperates therein by escaping, he
one crime. himself becomes liable for delivering
Ø Scandal here does not refer to moral prisoners from jail as a principal by
scandal; that one is grave scandal in indispensable cooperation.
Article 200.
Ø The essence of the crime is Ø If three persons are involved – a
disturbance of public tranquility and stranger, the custodian and the
public peace. Any kind of disturbance prisoner – three crimes are
of public order where the committed:
circumstance at the time renders the
act offensive to the tranquility (1)Infidelity in the custody of
prevailing, the crime is committed. prisoners;
Ø Definition of charivari: includes a (2)Delivery of the prisoner from jail;
medley of discordant voices, a mock and
serenade of discordant noises made (3)Evasion of service of sentence.
on kettles, tin, horns, etc. designed to
annoy or insult
F. Evasion of Service of Sentence
4. Delivery of Prisoners from Jail
1. Evasion of Service of Sentence
ARTICLE 156. DELIVERY OF

PRISONERS FROM JAIL
ARTICLE 157. EVASION OF SERVICE
OF SENTENCE
Elements
1. There is a person confined in a jail Elements
or penal establishment; 1. Offender is a convict by final
judgment;
2. Offender removes therefrom such
2. He is serving sentence which
person, or helps the escape of
consists in the deprivation of
such person.
liberty;
3. He evades service of his sentence
by escaping during the term of his
IMPORTANT POINTS TO REMEMBER imprisonment.
ABOUT THIS ARTICLE:
Qualifying circumstances as to penalty
Ø In relation to infidelity in the custody imposed if such evasion or escape takes
of prisoners, correlate the crime of place –
delivering person from jail with
infidelity in the custody of prisoners 1. By means of unlawful entry (this
punished under Articles 223, 224 and should be “by scaling” - Reyes);
225 of the Revised Penal Code. 2. By breaking doors, windows, gates,
walls, roofs or floors;
Ø In both acts, the offender may be a 3. By using picklock, false keys, disguise,
public officer or a private citizen. Do deceit, violence or intimidation; or
4. Through connivance with other
not think that infidelity in the custody
convicts or employees of the penal
of prisoners can only be committed by
institution.
a public officer and delivering persons
from jail can only be committed by

IMPORTANT POINTS TO REMEMBER IMPORTANT POINTS TO REMEMBER

ABOUT THIS ARTICLE: ABOUT THIS ARTICLE:
Ø Evasion of service of sentence has Ø The leaving from the penal

three forms: establishment is not the basis of
criminal liability. It is the failure to
(1)By simply leaving or escaping from return within 48 hours after the
the penal establishment under passing of the calamity, conflagration
Article 157; or mutiny had been announced.
(2)Failure to return within 48 hours
after having left the penal Ø Under Article 158, those who return
establishment because of a within 48 hours are given credit or
calamity, conflagration or mutiny deduction from the remaining period
and such calamity, conflagration or of their sentence equivalent to 1/5 of
mutiny has been announced as the original term of the sentence.
already passed under Article 158;
(3) Violating the condition of Ø If the prisoner fails to return within
conditional pardon under Article said 48 hours, an added penalty, also
159. 1/5, shall be imposed but the 1/5
penalty is based on the remaining
Ø In leaving or escaping from jail or period of the sentence, not on the
prison, that the prisoner immediately original sentence. In no case shall
returned is immaterial. It may be that penalty exceed six months.
mitigating, but it will not absolve his
criminal liability. Ø Mutiny is one of the causes which may
authorize a convict serving sentence
in the penitentiary to leave the jail
2. Evasion of Service of Sentence on the provided he has not taken part in the
Occasion of Disorders, Conflagrations, mutiny.
Earthquakes, or Other Calamities
3. Other Cases of Evasion of Service of

ARTICLE 158. EVASION OF SERVICE Sentence
OF SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATIONS,
ARTICLE 159. OTHER CASES OF EVASION
EARTHQUAKES, OR OTHER
OF SERVICE OF SENTENCE
CALAMITIES
Elements
Elements 1. Offender was a convict;
1. Offender is a convict by final 2. He was granted pardon by the Chief
judgment, who is confined in a Executive;
penal institution; 3. He violated any of the conditions of
2. There is disorder, resulting from – such pardon.
a. conflagration;
b. earthquake;
c. explosion; or
ABOUT THIS ARTICLE:
d. similar catastrophe; or
e. mutiny in which he has not
Ø Violation of conditional pardon is a
participated;
distinct crime.
3. He evades the service of his
sentence by leaving the penal
Ø In violation of conditional pardon, as
institution where he is confined,
a rule, the violation will amount to
on the occasion of such disorder
this crime only if the condition is
or during the mutiny;
violated during the remaining period
4. He fails to give himself up to the
of the sentence.
authorities within 48 hours
following the issuance of a
Ø If the condition of the pardon is
proclamation by the Chief
violated when the remaining unserved
Executive announcing the passing
portion of the sentence has already
away of such calamity.
lapsed, there will be no more criminal
liability for the violation.
Ø However, the convict maybe required

to serve the unserved portion of the
sentence, that is, continue serving
original penalty.

G. Quasi-Recidivism REPUBLIC ACT NO. 8294: AMENDING PD

1866 ON ILLEGAL POSSESSION OF
Commission of Another Crime During FIREARMS
Service of Penalty Imposed for Another
Previous Offense Acts punished:
1. Unlawful manufacture, sale,

ARTICLE 160. COMMISSION OF acquisition, disposition or possession
ANOTHER CRIME DURING SERVICE of firearms or ammunition or
OF PENALTY IMPOSED FOR instruments used or intended to be
ANOTHER PREVIOUS OFFENSE used in the manufacture of firearms
or ammunition.
Elements of Quasi-Recidivism Note: If homicide or murder is

committed with the use of an unlicensed
1. Offender was already convicted firearm,
by final judgment of one
offense; such use of an unlicensed firearm shall
2. He committed a new felony be considered as
before beginning to serve such an aggravating circumstance.
sentence or while serving the
same. Note: If the violation of this Sec.
is in furtherance of, or incident to,
or in connection with the crime of
THIS ARTICLE: rebellion, insurrection, sedition or
attempted coup d'etat,
Do not confuse the following:
such violation shall be absorbed as an
Habitual Recidivism Habituality/ element of the crimes of rebellion,

Delinquency Art. 14 (9) Reiteracion
Art. 62 (5) / Repetition insurrection, sedition or attempted
Art. 14 (10) coup d'etat.
Crimes Specified: Sufficient Necessary
a. less that the that the
serious or offender offender The same penalty shall be imposed upon
serious have been shall have the owner, president, manager, director
physical previously served out or other responsible officer of any public
injuries convicted by his
b. robbery final sentence or private firm, company, corporation or
c. theft judgment for for the first entity, who shall willfully or knowingly
d. estafa another offense allow any of the firearms owned by such
e.falsification crime
embraced in firm, company, corporation or entity to
the same be used by any person or persons found
title of the guilty of violating the provisions of the
Code on the
date of his preceding paragraphs or willfully or
trial knowingly allow any of them to use
Period Within 10 No period of unlicensed firearms or firearms without
of time years from time
his last
any legal authority to be carried outside
release or of their residence in the course of their
conviction employment.
Number Guilty the The second The
of third time or conviction previous
crimes oftener for an and The penalty of arresto mayor shall be
offense subsequent imposed upon any person who shall carry
embraced in offenses
the same must NOT
any licensed firearm outside his
title of this be residence without legal authority
Code embraced in therefor.
the same
title of the
Code 2. Unlawful manufacture, sale,
Their An additional If not offset Not always acquisition, disposition or possession of
effects penalty shall by any an
be imposed mitigating aggravating
explosives.
circumstance circumstanc
, increase e Note: When a person commits any of the
the penalty
only to the
crimes defined in the Revised Penal Code
maximum or special laws with the use of the
aforementioned explosives, detonation
agents or incendiary devices, which
results in the death of any person or
persons, the use of such explosives,
detonation agents or incendiary devices statutory offense which is just malum

shall be considered as an aggravating prohibitum.
circumstance. Ø In fine then the killing of a person
with the use of an unlicensed firearm
If the violation of this Sec. may give rise to separate
is in furtherance of, or incident to, prosecutions for (a) violation of
or in section 1 of PD 1866, or (b) murder or
connection with the crime of homicide. The accused cannot plead
one as a bar to another.
rebellion, insurrection, sedition or
attempted coup d'etat, 3. People v Nepomuceno (1999)
Ø Accused can no longer be separately
such violation shall be absorbed as charged with parricide and illegal
an possession of firearms. The
element of the crimes of rebellion, amendment says that the latter is
insurrection, sedition or attempted only to be treated as an aggravating
coup circumstance.
d'etat.
4. People v De Gracia (1994)
The same penalty shall be imposed upon Rule: Ownership is not an essential
the owner, president, manager, director element of illegal possession of
or other responsible officer of any public firearms and ammunition. What the
or private firm, company, corporation or law requires is merely possession
entity, who shall willfully or knowingly which includes not only actual
allow any of the explosives owned by physical possession but also
such firm, company, corporation or constructive possession.
entity, to be used by any person or
persons found guilty of violating the
provisions of the preceding paragraphs.
3. Tampering of firearm's serial number.
4. Repacking or altering the composition

of lawfully manufactured explosives.
Coverage of the Term Unlicensed

Firearm. —
The term unlicensed firearm shall
include:
in the firearms with expired

license; or
unauthorized use of licensed
firearm
the commission of the crime.
1. Advincula v CA (2000)
Two things must be shown to exist:

• The existence of the firearm
• The fact that it is not licensed
However, it should also be shown that
even of he has a license, he cannot
carry the firearm outside his
residence without legal authority
therefore.
2. People v Tiozon (1991)
Ø It may be loosely said that homicide

or murder qualifies the offense. It
does not follow however that the
homicide or murder is absorbed in the
offense.
Ø It would be anomalous: a more
serious crime is absorbed by a

IV. CRIMES AGAINST PUBLIC INTEREST CRIMINAL LAW II
TITLE IV: CRIMES AGAINST PUBLIC 25.Monopolies and combinations in

INTEREST restraint of trade (Art. 186);
26.Importation and disposition of falsely
1. Counterfeiting the great seal of the marked articles or merchandise made
Government of the Philippines (Art. of gold, silver, or other precious
161); metals or their alloys (Art. 187);
2. Using forged signature or 27.Substituting and altering trademarks
counterfeiting seal or stamp (Art. and trade names or service marks
162); (Art. 188);
3. Making and importing and uttering 28.Unfair competition and fraudulent
false coins (Art. 163) registration of trademark or trade
4. Mutilation of coins, importation and name, or service mark; fraudulent
uttering of mutilated coins (Art. 164); designation of origin, and false
5. Selling of false or mutilated coins, description (Art. 189).
without connivance (Art. 165);
6. Forging treasury or bank notes or IMPORTANT POINT TO REMEMBER
other documents payable to bearer, IN THIS TITLE:
importing and uttering of such false or Ø The crimes in this title are in the
forged notes and documents (Art. nature of fraud or falsity to the public.
166); Deceit perpetrated upon the public is
7. Counterfeiting, importing and uttering the act being punished.
instruments not payable to bearer
(Art. 167); A. Forgeries
8. Illegal possession and use of forged
treasury or bank notes and other 1. ACTS OF COUNTERFEITING (161-167)
instruments of credit (art. 168);
9. Falsification of legislative documents
(Art. 170); 1. ARTICLE 161: COUNTERFEITING THE
GREAT SEAL OF THE GOVERNMENT OF
10.Falsification by public officer,
THE PHILIPPINE ISLANDS, FORGING
employee or notary (Art. 171);
THE SIGNATURE OR STAMP OF THE
11.Falsification by private individuals and CHIEF EXECUTIVE
use of falsified documents (Art. 172);
12.Falsification of wireless, cable, Acts punished
telegraph and telephone messages 1. Forging the great seal of the
and use of said falsified messages Government of the Philippines;
(Art. 173); 2. Forging the signature of the
13.False medical certificates, false President;
certificates of merit or service (Art. 3. Forging the stamp of the
174); President.
14.Using false certificates (Art. 175);
15.Manufacturing and possession of IMPORTANT POINT TO REMEMBER
instruments or implements for IN THIS ARTICLE:
falsification (Art. 176); Ø When the signature of the president is
16.Usurpation of authority or official forged, the crime committed is
functions (Art. 177); covered by this provision and not
17. Using fictitious name and concealing falsification of public document.
true name (Art. 178)
18.Illegal use of uniforms or insignia
(Art. 179); 2. ARTICLE 162. USING FORGED SIGNATURE
19.False testimony against a defendant OR COUNTERFEIT SEAL OR STAMP
(Art. 180);
Elements
20.False testimony favorable to the 1. The great seal of the Republic was
defendant (Art. 181); counterfeited or the signature or
21.False testimony in civil cases (Art. stamp of the Chief Executive was
182); forged by another person;
22.False testimony in other cases and 2. Offender knew of the
perjury (Art. 183); counterfeiting or forgery;
23.Offering false testimony in evidence 3. He used the counterfeit seal or
(Art. 184); forged signature or stamp.
24.Machinations in public auction (Art.

185);

IMPORTANT POINTS TO
REMEMBER IN THIS ARTICLE: Ø The first acts of falsification or falsity
Ø Offender under this article should not are
be the forger. • Counterfeiting
• Forgery
Ø The participation of the offender is in
• Falsification
effect that of an accessory.
Ø In so far as coins in circulation are
Ø Although the general rule is that he concerned, there are two crimes that
should be punished by a penalty of may be committed:
two degrees lower, under Art. 162 he • Counterfeiting coins
is punished by a penalty only one • Mutilation of coins
degree lower.
Ø Requisites of mutilation under the
Revised Penal Code
3. ARTICLE 163: MAKING AND IMPORTING (1)Coin mutilated is of legal tender;
AND UTTERING FALSE COINS (2)Offender gains from the precious
metal dust abstracted from the
Elements coin;
(3)It has to be a coin.
1. There be false or counterfeited
coins; Ø The coin mutilated should be of legal
2. Offender either made, imported or uttered tender and only of the Philippines.
such coins;
3. In case of uttering such false or Ø There is no expertise involved here.
counterfeited coins, he connived
with the counterfeiters or Ø The offender must deliberately reduce
importers. the precious metal in the coin.
Ø Deliberate intent arises only when the

Kinds of coins the counterfeiting of which
is punished offender collects the precious metal
Ø Silver coins of the Philippines or dust from the mutilated coin.
coins of the Central Bank of the
Philippines; Ø If the offender does not collect such
Ø Coins of the minor coinage of the dust, intent to mutilate is absent, but
Philippines or of the Central Bank Presidential Decree No. 247 will
of the Philippines; apply.
Ø Coin of the currency of a foreign
country. Presidential Decree No. 247
(Defacement, Mutilation, Tearing,
People vs. Kong Leon, 48 OG 664 Burning or Destroying Central Bank
Notes and Coins)
Ø Former coins withdrawn from
It shall be unlawful for any person to
circulation may be counterfeited willfully deface, mutilate, tear, burn, or
under Art 163 because of the harm destroy in any manner whatsoever,
that may be caused to the public in currency notes and coins issued by the
case it goes into circulation again. Central Bank.
Ø Mutilation under the Revised Penal
Code is true only to coins.
4. ARTICLE 164: MUTILATION OF COINS
Ø It cannot be a crime under the
Acts punished Revised Penal Code to mutilate paper
1. Mutilating coins of the legal bills because the idea of mutilation
currency, with the further
under the code is collecting the
requirements that there be intent
precious metal dust. However, under
to damage or to defraud another;
2. Importing or uttering such Presidential Decree No. 247,
mutilated coins, with the further mutilation is not limited to coins.
requirement that there must be
connivances with the mutilator or Note that persons making bracelets out
importer in case of uttering. of some coins violate Presidential Decree
No. 247.
So, if the act of mutilating coins does not
IMPORTANT POINTS TO involve gathering dust like playing cara y
REMEMBER IN THIS ARTICLE: cruz, that is not mutilation under the

Revised Penal Code because the offender

does not collect the metal dust. But by 7. ARTICLE 167
rubbing the coins on the sidewalk, he COUNTERFEITING, IMPORTING, AND
also defaces and destroys the coin and UTTERING INSTRUMENTS NOT PAYABLE TO
that is punishable under Presidential BEARER
Decree No. 247.
Elements
5. ARTICLE 165 SELLING OF FALSE OR 1. There is an instrument payable to
MUTILATED COIN, WITHOUT CONNIVANCE order or other documents of credit
not payable to bearer;
Acts punished 2. Offender either forged, imported
1. Possession of coin, counterfeited or uttered such instrument;
or mutilated by another person, with 3. In case of uttering, he connived
intent to utter the same, knowing with the forger or importer.
that it is false or mutilated;
IMPORTANT POINT TO REMEMBER IN
THIS ARTICLE
Elements
Ø This covers instruments or other
a. Possession;
b. With intent to utter; and documents of credit issued by a
c. Knowledge. foreign government or bank.
2. Actually uttering such false or 2. ACTS OF FORGERY

mutilated coin, knowing the same to be
false or mutilated.
8. ARTICLE 168: ILLEGAL POSSESSION
Elements AND USE OF FALSE TREASURY OR BANK
a. Actually uttering; and NOTES AND OTHER INSTRUMENTS OF
b. Knowledge. CREDIT
Elements
IMPORTANT POINTS TO REMEMBER IN 1. Any treasury or bank note or
THIS ARTICLE certificate or other obligation
Ø The possession prohibited in this and security payable to bearer,
article pertains not only to physical or any instrument payable to
possession but also to constructive order or other document of
possession or subjection of the thing credit not payable to bearer is
to one’s control. forged or falsified by another
Ø The possessor should not be the person;
counterfeiter, mutilator, or importer 2. Offender knows that any of
of the coins those instruments is forged or
Ø The offender need not connive with falsified;
the counterfeiter or mutilator as long 3.He either –
as he has knowledge that the coin is a. uses any of such forged or
false or mutilated. falsified instruments; or
b. possesses with intent to use
6. ARTICLE 166: FORGING TREASURY OR

BANK NOTES OR OTHER DOCUMENTS People vs. Sendaydiego, 82 SCRA 120
PAYABLE TO BEARER; IMPORTING AND (1978)
UTTERING SUCH FALSE OR FORGED NOTES Ø The rule is that if a person had in his
AND DOCUMENTS possession a falsified document and
he made use of it, taking advantage of
Acts punished it and profiting thereby, the
1. Forging or falsification of presumption is that he is the material
treasury or bank notes or other
author of the falsification.
documents payable to bearer;
2. Importation of such false or
forged obligations or notes;
3. Uttering of such false or forged
obligations or notes in
connivance with the forgers or
importers.

9. Article 169 How forgery is 11. ARTICLE 171: FALSIFICATION BY

committed under PUBLIC OFFICER, EMPLOYEE OR NOTARY OR
1. By giving to a treasury or bank ECCLESIASTICAL MINISTER
note or any instrument payable
to bearer or to order mentioned Elements
therein, the appearance of a true 1. Offender is a public officer,
and genuine document; employee, or notary public;
2. He takes advantage of his official
2. By erasing, substituting, position;
counterfeiting, or altering by any 3. He falsifies a document by
means the figures, letters, committing any of the following
words, or sign contained therein. acts:
a. Counterfeiting or imitating any
handwriting, signature or rubric
– intent or attempt to imitate is
IMPORTANT POINTS TO REMEMBER IN inferred when there is sufficient
THIS ARTICLE resemblance or when it is likely
Ø For possession of false treasury or to deceive an ordinary person
bank note to constitute a criminal receiving or dealing with the doc.
offense, it must be with intent to use. Feigning is covered by this
paragraph, which includes the
Ø The essence of forgery is giving a case of forging signatures of
document the appearance of a true people who do not know how to
write.
and genuine document. Not any
b. Causing it to appear that persons
alteration of a letter, number, figure have participated in any act or
or design would amount to forgery. proceeding when they did not in
At most, it would only be frustrated fact so participate – as opposed
forgery. to the former paragraph,
imitation of signature is not
necessary.
c. Attributing to persons who have
People vs. Galano, 3 SCRA 650 participated in an act or
Ø It was held that forgery can be proceeding statements other
committed through the use of than those in fact made by them;
genuine paper bills that have been d. Making untruthful statements in
a narration of facts – there
withdrawn from circulation, by giving
should be a legal obligation to
them the appearance of some other disclose the truth (Beradio vs.
true and genuine document. CA). There should also be malice
Ø However, the dissenting opinion or deliberate intent unless the
stated that the provision only document falsified is a public one
embraces situations in which (Syquian vs. People).
spurious, false or fake documents are e. Altering true dates – the date
must be essential and could
given the appearance of a true and
change the effects of the
genuine document. document (such as dates of birth,
marriage, or death)
3. ACTS OF FALSIFICATION
A. FALSIFICATION BY PUBLIC OFFICER,

EMPLOYEE OR ECCLESIASTICAL MINISTER

f. Making any alteration or 12. ARTICLE 172 FALSIFICATION BY

intercalation in a genuine PRIVATE INDIVIDUAL AND USE OF FALSIFIED
document which changes its DOCUMENTS
meaning – change or insertion
must affect the integrity or Acts punished
effects of the document. 1. Falsification of public, official or
Furthermore, the alteration commercial document by a private
should make the document individual;
speak something false,
otherwise it would merely be a a. Offender is a private individual or
correction. public officer or employee who did
g. Issuing in an authenticated not take advantage of his official
form a document purporting position;
to be a copy of an original b. He committed any act of
document when no such falsification;
original exists, or including in
such a copy a statement c.The falsification was committed in a
contrary to, or different from, public, official, or commercial
that of the genuine original document or letter of exchange.
h. Intercalating any instrument or 2. Falsification of private document
note relative to the issuance by any person;
thereof in a protocol, registry,
or official book. a. Offender committed any of the acts of
falsification except Article 171(7),
that is,
• issuing in an authenticated form a
A check is not yet a document when it is document purporting to be a
not completed yet. If somebody writes copy of an original document
on it, he makes a document out of it. when no such original exists, or
IMPORTANT POINTS TO REMEMBER IN • including in such a copy a

THIS ARTICLE statement contrary to, or
different from, that of the genuine
There are four kinds of documents: original;
(1)Public document in the execution b. Falsification was committed in any
of which, a person in authority or private document;
notary public has taken part;
c. Falsification causes damage to a third
(2)Official document in the execution
party or at least the falsification was
of which a public official takes
committed with intent to cause such
part;
damage.
(3)Commercial document or any
document recognized by the Code 3. Use of falsified document.
of Commerce or any commercial
law; and In introducing in a judicial
(4)Private document in the execution proceeding
of which only private individuals
1. Offender knew that the document
take part.
was falsified by another person;
Ø To become an official document, there
must be a law which requires a public 2. The false document is in Articles
officer to issue or to render such 171 or 172 (1 or 2);
document. 3. He introduced said document in
evidence in any judicial proceeding.
Ø The element of damage is not
In use in any other transaction –
necessary because it is the interest of
the community which is intended to 1. Offender knew that a document was
be guaranteed. The character of the falsified by another person;
offender and his faithfulness to his 2. The false document is embraced in
duty is the mainly taken into Articles 171 or 172 (1 or 2);
consideration.
3. He used such document;
a. FALSIFICATION BY PRIVATE INDIVIDUALS
4. The use caused damage to another
AND USE OF FALSIFIED DOCUMENTS; or at least used with intent to cause
USING FALSE CERTIFICATES damage.

IMPORTANT POINTS TO REMEMBER IN 15. ARTICLE 175: USING FALSE

THIS ARTICLE CERTIFICATES
Ø Presumption: Elements
1. The following issues a false
People vs. Manansala, 105 Phil 1253 certificate:
Ø The possessor of a falsified document a. Physician or surgeon, in
is presumed to be the author of the connection with the practice of
falsification his profession, issues a false
certificate;
People vs. Sendaydiego, 82 SCRA 120 b. Public officer issues a false
Ø The presumption also holds if the use certificate of merit of service,
was so closely connected in time with good conduct or similar
the falsification and the user had the circumstances;
capacity of falsifying the document c. Physician or surgeon, in
Ø There is no crime of estafa through connection with the practice of
his profession, issues a false
falsification of a private document.
certificate;
• Both crimes require the element of
d. Public officer issues a false
damage which each of the two
certificate of merit of service,
should have its own. good conduct or similar
• The fraudulent gain obtained circumstances;
through deceit should not be the e. Private person falsifies a
very same damage caused by the certificate falling within the
falsification of the private classes mentioned in the two
document. preceding subdivisions.
Ø Since damage is not an element of 2. Offender knows that the

falsification of a public document, it certificate was false;
could be complexed with estafa as a 3. He uses the same.
necessary means to commit the latter.
C. FALSIFICATION OF WIRELESS, CABLE,
Ø There can be falsification of public TELEGRAPH AND TELEPHONE MESSAGES AND USE
document through reckless OF FALSIFIED MESSAGE, OF LEGISLATIVE
imprudence but there is no crime of DOCUMENTS, OF MEDICAL CERTIFICATES AND
falsification of private document CERTIFICATE OF MERIT; SEE ALSO RA 4200
through negligence or imprudence.
Ø If the document is intended by law to 13. ARTICLE 173: FALSIFICATION OF

be part of the public or official record, WIRELESS, CABLE, TELEGRAPH AND
the falsification, although it was TELEPHONE MESSAGES, AND USE OF SAID
private at the time of falsification, is FALSIFIED MESSAGES
regarded as falsification of a public or
official document. Acts punished
1. Uttering fictitious wireless,
telegraph or telephone message;
2. Falsifying wireless, telegraph or
telephone message;
3. Using such falsified message.
Acts punished
1. Uttering fictitious wireless, telegraph
or telephone message;
Elements
a. Offender is an officer or employee
of the government or an officer or
employee of a private corporation,
engaged in the service of sending
or receiving wireless, cable or
telephone message;
b. He utters fictitious wireless, cable,
telegraph or telephone message.
2. Falsifying wireless, telegraph or

telephone message;
Elements FALSIFICATION FORGERY

a. Offender is an officer or employee the commission of as used in Article
of the government or an officer or any of the eight 169 refers to the
employee of a private corporation, acts mentioned in falsification and
engaged in the service of sending Article 171 on counterfeiting of
or receiving wireless, cable or legislative (only the treasury or bank
telephone message; act of making notes or any
b. He falsifies wireless, cable, alteration), public instruments
telegraph or telephone message. or official, payable to bearer
commercial, or or to order.
3. Using such falsified message. private documents,
or wireless, or
Elements telegraph
a. Offender knew that wireless, cable, messages.
telegraph, or telephone message crimes under Forgeries.
was falsified by an officer or
employee of the government or an
officer or employee of a private 14. ARTICLE 174: FALSE MEDICAL
corporation, engaged in the service CERTIFICATES, FALSE CERTIFICATES OF
of sending or receiving wireless, MERITS OR SERVICE, ETC.
cable or telephone message;
b. He used such falsified dispatch; Persons liable
c. The use resulted in the prejudice of 1. Physician or surgeon who, in
a third party or at least there was connection with the practice of
intent to cause such prejudice. his profession, issues a false
certificate (it must refer to the
illness or injury of a person);
10. ARTICLE 170 [The crime here is false medical
FALSIFICATION OF LEGISLATIVE certificate by a physician.]
DOCUMENTS
2. Public officer who issues a false
Elements certificate of merit of service,
1. There is a bill, resolution or good conduct or similar
ordinance enacted or approved or circumstances;
pending approval by either House [The crime here is false
of the Legislature or any certificate of merit or service by
provincial board or municipal a public officer.]
council;
2. Offender alters the same; 3. Private person who falsifies a
3. He has no proper authority certificate falling within the
therefor; classes mentioned in the two
4. The alteration has changed the preceding subdivisions.
meaning of the documents.
RA 4200: ANTI-WIRETAPPING LAW

Ø The writing must be:
• complete in itself; and
Ø It shall be unlawful for any person,
• capable of extinguishing an
obligation or creating rights; or • not being authorized by all the
• capable of becoming evidence of parties to any private
the facts stated therein. communication or spoken word,
◦ to tap any wire or cable, or
Five classes of falsification: ◦ by using any other device or
(1)Falsification of legislative documents;
arrangement, to secretly
(2)Falsification of a document by a public
officer, employee or notary public; overhear, intercept, or record
(3)Falsification of a public or official, or such communication or spoken
commercial documents by a private word by
individual; ▪ using a device commonly
(4)Falsification of a private document by known as a dictaphone or
any person; dictagraph or dictaphone or
(5)Falsification of wireless, telegraph
walkie-talkie or tape
and telephone messages.
Distinction between falsification and recorder, or however
forgery: otherwise described

Ø It shall also be unlawful for any 16. ARTICLE 176: MANUFACTURING AND
person, POSSESSION OF INSTRUMENTS OR
• be he a participant or not in the act IMPLEMENTS FOR FALSIFICATION
or acts penalized in the next
Acts punished
preceding sentence,
1. Making or introducing into the
◦ to knowingly possess any tape Philippines any stamps, dies,
record, wire record, disc record, marks, or other instruments or
or any other such record, or implements for counterfeiting or
copies thereof, of any falsification;
communication or spoken word 2. Possession with intent to use the
instruments or implements for
▪ secured either before or
counterfeiting or falsification
after the effective date of made in or introduced into the
this Act in the manner Philippines by another person.
prohibited by this law;
◦ or to replay the same for any
other person or persons; or to IMPORTANT POINT TO REMEMBER IN
communicate the contents THIS ARTICLE
thereof, either verbally or in
Ø As in Art. 165, the possession
writing, or
contemplated here is constructive
◦ to furnish transcriptions possession. The implements
thereof, whether complete or confiscated need not form a complete
partial, to any other person: set.
• Provided, That the use of such B. Other Falsities

record or any copies thereof as
evidence in any civil, criminal
investigation or trial of offenses 17. ARTICLE 177: USURPATION OF
AUTHORITY OR OFFICIAL
shall not be covered by this
FUNCTIONS
prohibition.
Acts punished
Ø Any person who willfully or knowingly 1. Usurpation of authority. (no
does or who shall aid, permit, or connection with the office
cause to be done any of the acts represented)
declared to be unlawful in the
2. Usurpation of official functions.
preceding section or who violates the
(excess of authority)
provisions of the following section or
of any order issued thereunder, or
aids, permits, or causes such violation Acts punished
shall, upon conviction thereof, be 1. Usurpation of authority. (no
punished by imprisonment for not less connection with the office represented)
than six months or more than six
years and with the accessory penalty Elements
of perpetual absolute disqualification
a. Offender knowingly and falsely
from public office if the offender be a represents himself;
public official at the time of the b. As an officer, agent or
commission of the offense, and, if the representative of any department
offender is an alien he shall be subject or agency of the Philippine
to deportation proceedings. government or of any foreign
government.
2. Usurpation of official functions.

(excess of authority)
Elements
a. Offender performs any act;

b. Pertaining to any person in
authority or public officer of the
Philippine government or any

foreign government, or any agency • Except as provided in the

thereof; preceding article, no person shall
c. Under pretense of official position; use different names and
d. Without being lawfully entitled to
surnames.
do so.
19. ARTCLE 179: ILLEGAL USE OF

UNIFORMS AND INSIGNIA
18. ARTICLE 178: USING FICTITIOUS
AND CONCEALING TRUE NAME Elements
1. Offender makes use of
Acts punished insignia, uniforms or dress;
1. Using fictitious name 2. The insignia, uniforms or dress
pertains to an office not held
a. Offender uses a name other than by such person or a class of
his real name; persons of which he is not a
b. He uses the fictitious name member;
publicly; 3. Said insignia, uniform or dress
c. Purpose of use is to conceal a is used publicly and
crime, to evade the execution of a improperly.
judgment or to cause damage [to
public interest – Reyes].
2. Concealing true name IMPORTANT POINTS TO REMEMBER IN

THIS ARTICLE
a. Offender conceals his true name Ø Exact imitation of a uniform or dress
and other personal circumstances; is unnecessary; a colorable
b. Purpose is only to conceal his resemblance calculated to deceive the
identity. common run of people is sufficient.
Ø RA 75 also punishes using the use of

uniform, decoration or regalia of a
Commonwealth Act No. 142 (Regulating foreign state by people not entitled to
the Use of Aliases) do so.
Ø RA 493 punishes wearing an insignia,

Ø No person shall use any name badge, or emblem of rank of the
different from the one with which he
members of the AFP or constabulary.
was
• registered at birth in the office of 1. FALSE TESTIMONY
the local civil registry, or
• with which he was registered in
the bureau of immigration upon 20. ARTICLE 180: FALSE TESTIMONY
entry; or AGAINST A DEFENDANT
• such substitute name as may have
been authorized by a competent Elements
court. 1. There is a criminal proceeding;
2. Offender testifies falsely under
Ø Exception: oath against the defendant
• Pseudonym solely for literary, therein;
cinema, television, radio, or other 3. Offender who gives false
entertainment and in athletic testimony knows that it is false.
events where the use of 4. Defendant against whom the
pseudonym is a normally accepted false testimony is given is either
practice. acquitted or convicted in a final
judgment.
Ø CC Art. 379
• The employment of pen names or
stage names is permitted,
provided it is done in good faith THIS ARTICLE
and there is no injury to third Ø The witness who gave the false
persons. Pen names and stage testimony is liable even if his
names cannot be usurped. testimony was not considered by
the court.
Ø CC Art. 380.

Three forms of false testimony

1. False testimony in criminal cases IMPORTANT POINT TO REMEMBER IN
under Article 180 and 181; THIS ARTICLE
2. False testimony in civil case under Diaz vs. People, 191 SCRA 86
Article 182; Elements of perjury
3. False testimony in other cases under 1. Offender makes a statement under
Article 183. oath or executes an affidavit upon a
Ø Articles 180 – 184 punish the acts of material matter;
making false testimonies since 2. The statement or affidavit is made
because such acts seriously expose before a competent officer, authorized
to receive and administer oaths;
the court to miscarriage of justice.
3. Offender makes a willful and
deliberate assertion of a falsehood in
21. ARTICLE 181: FALSE TESTIMONY the statement or affidavit;
FAVORABLE TO THE DEFENDANT 4. The sworn statement or affidavit
containing the falsity is required by
Elements law, that is, it is made for a legal
purpose.
1. A person gives false
testimony; Ø The statement should be outside the
2. In favor of the defendant; coverage of art 180-181.
3. In a criminal case.
Ø Because of the requirement that the
assertion of a falsehood be made
IMPORTANT POINTS TO REMEMBER IN willfully and deliberately, there could
THIS ARTICLE be no perjury through negligence or
Ø The testimony need not be beneficial imprudence.
to the defendant. Ø Furthermore, good faith or lack of
malice is a defense in perjury.
Ø Conviction or acquittal of defendant in Ø It is not necessary that there be a law
requiring the statement to be made
the principal case is not necessary.
under oath, as long as it is made for a
legal purpose.
Ø Rectification made spontaneously
after realizing the mistake is not false
testimony. ARTICLE 184: OFFERING FALSE
TESTIMONY IN EVIDENCE
22. ARTICLE 182: FALSE TESTIMONY IN Elements

CIVIL CASES 1. Offender offers in evidence a
false witness or testimony;
Elements 2. He knows that the witness or the
1. Testimony given in a civil case; testimony was false;
2. Testimony relates to the issues 3. The offer is made in any judicial
presented in said case; or official proceeding.
3. Testimony is false;
4. Offender knows that testimony
is false; IMPORTANT POINT TO REMEMBER IN
5. Testimony is malicious and THIS ARTICLE
given with an intent to affect
the issues presented in said Ø The counsel is the one liable in this
case. case.
C. Frauds
THIS ARTICLE
Ø 182 does not apply in special
proceedings. These are covered by
183 under “other cases”.
ARTICLE 183: FALSE TESTIMONY IN OTHER CASES

AND PERJURY IN SOLEMN AFFIRMATION
Acts punished
1. By falsely testifying under oath;
2. By making a false affidavit.

ARTICLE 185: MACHINATIONS IN

PUBLIC AUCTIONS
Acts punished
1. Soliciting any gift or promise as a
consideration for refraining from taking
part in any public auction;
Elements
a. There is a public auction;
b. Offender solicits any gift or a
promise from any of the bidders;
c. Such gift or promise is the
consideration for his refraining
from taking part in that public
auction;
d. Offender has the intent to cause
the reduction of the price of the
thing auctioned.
2. Attempting to cause bidders to

stay away from an auction by threats,
gifts, promises or any other artifice.
Elements
a. There is a public auction;
b. Offender attempts to cause the
bidders to stay away from that
public auction;
c. It is done by threats, gifts,
promises or any other artifice;
d. Offender has the intent to cause
the reduction of the price of the
thing auctioned.

THIS ARTICLE
Ø The crime is consummated by:
• mere solicitation of gift or

promise as consideration for
not bidding, or
• by mere attempt to cause
prospective bidders to stay
away from an auction

V. COMPREHENSIVE DANGEROUS DRUGS ACT CRIMINAL LAW II
• Possession of Dangerous Drugs
Republic Act No. 9165 (Comprehensive During Parties, Social Gatherings
Dangerous Drugs Act of 2002) or Meetings (Section 13)
• Possession of Equipment,
Ø What is the definition of “Dangerous Instrument, Apparatus and Other
Drugs”? Paraphernalia for Dangerous Drugs
During Parties, Social Gatherings
• Dangerous Drugs include those or Meetings (Section 14)
listed in the Schedules annexed to
• Use of Dangerous Drugs (Section
the 1961 Single Convention on
15)
Narcotic Drugs, as amended by the
1972 Protocol, and in the • Cultivation or Culture of Plants
Schedules annexed to the 1971 Classified as Dangerous Drugs or
Single Convention on Psychotropic are Sources Thereof. (Section 16)
Substances as enumerated in the
• Maintenance and Keeping of
attached annex which is an
Original Records of Transactions
integral part of this Act. [Section 3
on Dangerous Drugs and/or
(j), RA 9165]
Controlled Precursors and
Ø What are the unlawful acts defined Essential Chemicals (Section 17)
and punished in Republic Act No. • Unnecessary Prescription of
9165? Dangerous Drugs (Section 18)
• Importation of Dangerous Drugs • Unlawful Prescription of

and/or Controlled Precursors and Dangerous Drugs (Section 19)
Essential Chemical (Section 4) Ø What common penalties and fines are
• Sale, Trading, Administration, applied to those unlawful acts?
Dispensation, Delivery, • The penalty of life imprisonment to
Distribution and Transportation of death and a fine ranging from Five
Dangerous Drugs and/or hundred thousand pesos
Controlled Precursors and (P500,000.00) to Ten million pesos
Essential Chemicals (Section 5) (P10,000,000.00)
• Maintenance of a Den, Dive or ◦ Those acts which include or
Resort. (Section 6) involve any dangerous drugs
(Sections 4, 5, 6, 8, 11, 16 and
• Employees and Visitors of a Den,
19)
Dive or Resort (Section 7)
• The penalty of twelve (12) years
• Manufacture of Dangerous Drugs and one (1) day to twenty (20)
and/or Controlled Precursors and years of imprisonment and a fine
Essential Chemicals (Section 8) ranging from One hundred
thousand pesos (P100,000.00) to
• Illegal Chemical Diversion of Five hundred thousand pesos
Controlled Precursors and (P500,000.00)
Essential Chemicals. (Section 9)
◦ Those acts which involve any
• Manufacture or Delivery of controlled precursor and
Equipment, Instrument, Apparatus, essential chemical (Sections 4,
and Other Paraphernalia for 5, 6, 8, 9 and 10)
Dangerous Drugs and/or
◦ Anyone who acts as a
Controlled Precursors and "protector/coddler" of any
Essential Chemicals. (Section 10) violator of the provisions under
sections 4, 5, 6, 8 and 16
• Possession of Dangerous Drugs
(Section 11) ◦ Sections 7, 10, 16, 17.
• Possession of Equipment, • The maximum penalty provided for

Instrument, Apparatus and Other under sections 4, 5, 6, 8 and 16
Paraphernalia for Dangerous Drugs shall be imposed upon any person,
(Section 12) who organizes, manages or acts as
a "financier" of any of the illegal

activities prescribed in those violation shall be held criminally liable

sections. as a co-principal. (Section 30)
• Any person charged under any ◦ Section 30, Article II, RA 9165
provision of this Act regardless of
the imposable penalty shall not be Ø In addition to the penalties prescribed
allowed to avail of the provision on in the unlawful act committed, any
plea-bargaining. alien who violates such provisions of
◦ Section 23, Article II, RA 9165 this Act shall, after service of
sentence, be deported immediately
without further proceedings, unless
Ø Any person convicted for drug
the penalty is death. (Section 31)
trafficking or pushing under this Act,
regardless of the penalty imposed by ◦ Section 31, Article II, RA 9165
the Court, cannot avail of the privilege
granted by the Probation Law or Ø Accessory Penalties (section 35)
Presidential Decree No. 968, as
• A person convicted under this Act
amended.
shall be disqualified to exercise
◦ Section 24, Article II, RA 9165 his/her civil rights such as but not
limited to,
Ø Notwithstanding the provisions of any
◦ the rights of parental authority
law to the contrary, a positive finding
or guardianship,
for the use of dangerous drugs shall
be a qualifying aggravating ▪ either as to the person or
circumstance in the commission of a property of any ward
crime by an offender, and the ◦ the rights to dispose of such
application of the penalty provided for property by any act or any
in the Revised Penal Code shall be conveyance inter vivos,
applicable.
◦ and political rights such as but
◦ Section 25, Article II, RA 9165 not limited to,
◦ the right to vote and be voted
Ø The maximum penalties of the for.
unlawful acts provided for in this Act
◦ Such rights shall also be
shall be imposed, in addition to
suspended during the pendency
absolute perpetual disqualification
of an appeal from such
from any public office, if those found
conviction.
guilty of such unlawful acts are
government officials and employees. • Section 35, Article II, RA 9165
◦ Section 28, Article II, RA 9165

Ø May a drug dependent who is found
guilty of the use of dangerous drugs
Ø Any person who is found guilty of
voluntarily submit himself for
"planting" any dangerous drug and/or
treatment and rehabilitation?
controlled precursor and essential
chemical, regardless of quantity and • Yes. The drug dependent may, by
purity, shall suffer the penalty of himself/herself or through his/her
death. (Section 29) parent, spouse, guardian or
relative within the fourth degree of
◦ Section 29, Article II, RA 9165
consanguinity or affinity, apply to
the Board or its duly recognized
Ø In case any violation of this Act is representative, for treatment and
committed by a partnership, rehabilitation of the drug
corporation, association or any dependency. Upon such
juridical entity, the partner, president, application, the Board shall bring
director, manager, trustee, estate forth the matter to the Court which
administrator, or officer who consents shall order that the applicant be
to or knowingly tolerates such examined for drug dependency.
• Section 54, Article VIII, RA 9165
Dangerous Drugs Act of 1972 or

Ø Is there also compulsory Republic Act No. 6425, as
confinement? amended; the Revised Penal
Code, as amended; or any
• Yes. Notwithstanding any law, rule special penal laws
and regulation to the contrary, any
person determined and found to be 3. He/she has no record of escape
dependent on dangerous drugs from a Center
shall, upon petition by the Board or 4. He/she poses no serious
any of its authorized danger to himself/herself,
representative, be confined for his/her family or the
treatment and rehabilitation in any community by his/her
Center duly designated or exemption from criminal
accredited for the purpose. liability.
• A petition for the confinement of a Ø Section 55, Article VIII, RA 9165
person alleged to be dependent on
Ø What are the functions of the
dangerous drugs to a Center may
Dangerous Drugs Board?
be filed by any person authorized
by the Board with the Regional • The Board shall:
Trial Court of the province or city ◦ Be the policy-making and
where such person is found. strategy-formulating body in
the planning and formulation of
• Section 61, Article VIII, RA 9165 policies and programs on drug
prevention and control.
◦ develop and adopt a
Ø How long will the drug dependent be
comprehensive, integrated,
confined for treatment and unified and balanced national
rehabilitation? drug abuse prevention and
control strategy.
• Confinement in a Center for ◦ be under the Office of the
treatment and rehabilitation shall President.
not exceed one (1) year, after • Section 77, Article IX, RA 9165
which time the Court, as well as Ø What is the PDEA?
the Board, shall be apprised by the
head of the treatment and • The PDEA is the Philippine Drug
Enforcement Agency
rehabilitation center of the status
of said drug dependent and • It serves as the implementing arm
determine whether further of the Dangerous Drugs Board
confinement will be for the welfare • It shall be responsible for the
efficient and effective law
of the drug dependent and his/her
family or the community. enforcement of all the provisions
• Section 54, Article VIII, RA 9165 on any dangerous drug and/or
controlled precursor and essential
chemical as provided in this Act.
Ø How will a drug dependent who is • Section 82, Article IX, RA 9165
under the voluntary submission
program and is finally discharged
from confinement in the Center be
exempt from criminal liability?
1. He/she has complied with the

rules and regulations of the
center, the applicable rules and
regulations of the Board,
including the after-care and
follow-up program for at least
eighteen (18) months following
temporary discharge from
confinement in the Center
2. He/she has never been charged
or convicted of any offense
punishable under this Act, the

VI. CRIMES AGAINST PUBLIC MORALS CRIMINAL LAW II
TITLE VI: CRIMES AGAINST PUBLIC

MORALS
1. Gambling (Art. 195); ABOUT THIS ARTICLE:
2. Importation, sale and possession of
lottery tickets or advertisements Ø Arts. 195-199 and provisions of PD
(Art. 196); 483 and 9 are repealed insofar as they
3. Betting in sport contests (Art. 197); are inconsistent with PD 1602, which
4. Illegal betting on horse races provides for stiffer penalties for
(Art. 198); violation of the Gambling Laws.
5. Illegal cockfighting (Art. 199);
6. Grave scandal (Art. 200); Ø Definition of Gambling: any game of
7. Immoral doctrines, obscene chance or scheme, whether upon
publications and exhibitions (Art. 201); chance or skill, wherein wagers
8. Vagrancy and prostitution (Art. 202) consisting of money, articles or value
or representative or value are at stake
A. Gambling and Betting or made.
1. Gambling Ø Spectators are not liable in gambling,

because they do not take part directly
or indirectly.
ARTICLE 195. WHAT ACTS ARE
PUNISHABLE IN GAMBLING Ø Before, the Revised Penal Code
considered the skill of the player in
Acts punished classifying whether a game is
gambling or not. But under the new
1. Taking part directly or indirectly gambling law, the skill of the players
in – is immaterial.
a. any game of monte, jueteng, or
any other form of lottery, policy, Ø Even sports contents like boxing,
banking, or percentage game, would be gambling insofar as those
dog races, or any other game or who are betting therein are
scheme the results of which concerned.
depend wholly or chiefly upon
chance or hazard; or wherein Elements of Lottery:
wagers consisting of money, 1. Consideration
articles of value, or 2. Chance
representative of value are 3. Prize or some advantage or
made; or inequality I amount or value
which is in the nature of a prize.
b. the exploitation or use of any
other mechanical invention or
contrivance to determine by Ø There is no lottery when the person
chance the loser or winner of gets the full value for his money.
money or any object or • Example: A package of cigarette
representative of value; sold at P0.30 each includes a
2. Knowingly permitting any form coupon which may allow the buyer
of gambling to be carried on in to win a gold watch. This is not
any place owned or controlled lottery. Winning the watch is only
by the offender; a bonus.
3. Being maintainer, conductor, or Ø Criteria to determine if lottery is

banker in a game of jueteng or already gambling:
similar game;
4. Knowingly and without lawful 1. If the public is made to pay not
purpose possessing lottery list, only for the merchandise that he is
paper, or other matter buying, but also for the chance to
containing letters, figures, signs win a prize out of the lottery.
or symbol which pertain to or Public is made to pay a higher
are in any manner used in the price.
game of jueteng or any similar
game. 2. If the merchandise is not saleable
because of its inferior quality, so
that the public actually does not
buy them, but with the lottery the
public starts patronizing such
merchandise. In effect, the public
is paying for the lottery and not for IMPORTANT POINT TO REMEMBER ABOUT
the merchandise, and therefore the THIS ARTICLE:
lottery is a gambling game. Public
is not made to pay a higher price. Ø The possession of any lottery ticket or
advertisement is prima facie evidence
of an intent to sell, distribute or use
Elements of “Knowingly Permitting the same in the Philippines.
Gambling to be Carried on in a
Place Owned or Controlled by the
Offender”: 2. Article 197. Betting in Sports Contests
1. That a gambling game was
carried on in an inhabited or This article has been repealed by
uninhabited place or in any Presidential Decree No. 483 (Betting,
building, vessel, or other means Game-fixing or Point-shaving and
of transportation Machinations in Sport Contests):
2. That the place, building, vessel
or other means of Section 2. Betting, game-fixing, point-
transportation is owned or shaving or game machination unlawful. –
controlled by the offender Game-fixing, point-shaving, game
3. That the offender permitted the machination, as defined in the preceding
carrying on of such games section, in connection with the games of
knowing that it is a gambling basketball, volleyball, softball, baseball;
game. chess, boxing bouts, jai-alia, sipa, pelota
and all other sports contests, games or
races; as well as betting therein except
Ø The maintainer or conductor in a as may be authorized by law, is hereby
gambling game is likewise punished. declared unlawful.
BETTING
Ø Who is a maintainer?: A person who à betting money or any object or article
sets up and furnishes the means with of value or representative of value upon
which to carry on the gambling game
the result of any game, races and other
or scheme.
sport contests.
Ø Who is a conductor?: A person who GAME-FIXING
manages or carries on the gambling à any arrangement, combinations,
game or scheme. scheme or agreement by which the result
of any game, races or sport contests shall
Ø To be prosecuted for possessing a be predicated and/or known other than
jueteng list, proof that the game took on the basis of the honest playing skill or
place or is about to take place is not ability of the players or participants.
necessary.
POINT-SHAVING
2. Importation, Sale and Possession of à any such arrangement, combination,
Lottery Tickets or Advertisements scheme or agreement by which the skill
of ability of any player or participant in a
game, races or sports contests to make
ARTICLE 196. IMPORTATION, SALE points or scores shall be limited
AND POSSESSION OF LOTTERY deliberately in order to influence the
TICKETS OR ADVERTISEMENTS result thereof in favor one or the other
team, player or participant therein.
Acts punished
1. Importing into the Philippines GAME MACHINATION
from any foreign place or port à any other fraudulent, deceitful, unfair
any lottery ticket or or dishonest means, methods, manner or
advertisement; or practice employed for the purpose of
2. Selling or distributing the same influencing the result of any game, races
in connivance with the importer; or sports contest.
3. Possessing, knowingly and with
intent to use them, lottery 3. Illegal Betting on Horse Race
tickets or advertisements; or
4. Selling or distributing the same
without connivance with the
importer of the same.

B. Offenses Against Decency and Good

ARTICLE 198. ILLEGAL BETTING Customs
ON HORSE RACE
1. Grave Scandal
Acts punished
1. Betting on horse races during
periods not allowed by law; ARTICLE 200. GRAVE SCANDAL
2. Maintaining or employing a
totalizer or other device or Elements
scheme for betting on races or 1. Offender performs an act or
realizing profit therefrom acts;
during the periods not allowed 2. Such act or acts be highly
by law. scandalous as offending
against decency or good
customs;
IMPORTANT POINTS TO REMEMBER 3. The highly scandalous conduct
ABOUT THIS ARTICLE: is not expressly falling within
any other article of this Code;
Ø When horse races are not allowed: and
• July 4 (Republic Act No. 137); 4. The act or acts complained of
• December 30 (Republic Act No. be committed in a public place
229); or within the public knowledge
• Any registration or voting days or view.
(Republic Act No. 180, Revised
Election Code); and
• Holy Thursday and Good Friday IMPORTANT POINTS TO REMEMBER
(Republic Act No. 946). ABOUT THIS ARTICLE:
Ø Any race held on the same day and at
the same place shall be held Ø DECENCY: means proprietary of
punishable as a separate offense. conduct; proper observance of the
requirements of modesty, good taste,
4. Article 199. Illegal Cockfighting etc.
This article has been modified or Ø CUSTOMS: established usage, social

repealed by Presidential Decree No. 449 conventions carried on by tradition
(The Cockfighting Law of 1974): and enforced by social disapproval of
any violation thereof.
• Only allows one cockpit per
municipality, unless the population Ø GRAVE SCANDAL: consists of acts
exceeds 100,000 in which case two which are offensive to decency and
cockpits may be established; good customs which, having
• Cockfights can only be held in licensed committed publicly, have given rise to
cockpits on Sundays and legal public scandal to persons who have
holidays and local fiestas for not more accidentally witnessed the same.
than three days;
• Also allowed during provincial, Ø The acts must be performed in a
municipal, city, industrial, agricultural public place or within the public
fairs, carnivals, or exposition not knowledge or view.
more than three days;
• Cockfighting not allowed on December Ø If it is committed in a private place,
30, June 12, November 30, Holy the crime of grave scandal is not
Thursday, Good Friday, Election or committed.
Referendum Day, and registration
days for referendums and elections; Ø In conducts involving lasciviousness,
• Only municipal and city mayors are it is grave scandal only where there is
allowed to issue licenses for such. mutual consent. (Boado,
Comprehensive Reviewer in Criminal
IMPORTANT POINT TO REMEMBER ABOUT Law)
THIS ARTICLE:
Ø Any act which is notoriously offensive
Ø This decree does not punish a person to decency may bring about criminal
attending as a spectator in a liability for the crime of grave scandal
cockfight. To be liable, he must provided such act does not constitute
participate as a bettor. some other crime under the Revised
Penal Code. Grave scandal is a crime
of last resort.

Illustration: Ø MORALS: imply conformity with the

generally accepted standards of
1. A man and a woman went to Luneta goodness or rightness in conduct or
and slept there. They covered character, sometimes, specifically, to
themselves their blanket and made sexual conduct.
the grass their conjugal bed. This is
grave scandal. Ø THE TEST OF OBSCENITY:
2. Immoral Doctrines, Obscene • The test is objective. It is more on

Publications and Exhibitions and the effect upon the viewer and not
Indecent Shows alone on the conduct of the
performer.
ARTICLE 201. IMMORAL DOCTRINES, • If the material has the tendency to

OBSCENE PUBLICATIONS AND deprave and corrupt the mind of
EXHIBITIONS AND INDECENT the viewer then the same is
SHOWS obscene and where such obscenity
is made publicly, criminal liability
Acts punished arises.
1. Those who shall publicly expound
or proclaim doctrines openly • As long as the pornographic matter
contrary to public morals; or exhibition is made privately,
there is no crime committed under
2. a. The authors of obscene the Revised Penal Code because
literature, published with their what is protected is the morality of
knowledge in any form, the the public in general.
editors publishing such literature;
and the owners/operators of the 1. People v Kottinger (1923)
establishment selling the same; • The SC said that the
postcards were not obscene
b. Those who, in theaters, fairs, because the aggregate
cinematographs, or any other judgment of the community,
place, exhibit indecent or immoral and the moral sense of the
plays, scenes, acts, or shows, it people were not shocked by
being understood that the those pictures. They were
obscene literature or indecent or not offensive to chastity but
immoral plays, scenes, acts or merely depicted persons as
shows, whether live or in film, they actually lived.
which are proscribed by virtue
hereof, shall include those which: 2. People v Aparici
• The reaction of the public
1. glorify criminals or condone during the performance of a
crimes; dance by one who had nothing
2. serve no other purpose but to to cover herself with, except
satisfy the market for violence, nylon patches over her breasts
lust or pornography; and too abbreviated pair of
3. offend any race, or religion; ( nylon panties to interrupt her
4. tend to abet traffic in and use of stark nakedness should be
prohibited drugs; and made the gauge in the
5. are contrary to law, public order, determination of whether the
morals, good customs, established dance or exhibition was
policies, lawful orders, decrees indecent or immoral.
and edicts; and
3. People v Padan (1957)
• An actual exhibition of the
sexual act can have no
3. Those who shall sell, give away, redeeming feature—no room for
or exhibit films, prints, art. Therefore, it is a clear and
engravings, sculptures, or unmitigated obscenity.
literature which are offensive to
morals.

THIS ARTICLE:

means of livelihood; it is to prevent

further criminality.
3. Vagrancy and Prostitution Ø Any person found wandering in an

estate belonging to another
whether public or private without
ARTICLE 202. VAGRANCY AND any lawful purpose also commits
PROSTITUTION vagrancy, unless his acts
constitutes some other crime in
Persons Liable: the Revised Penal Code.
1. Any person having no apparent
means of subsistence, who has PD 1563
the physical ability to work and MENDICANCY LAW OF 1978
who neglects to apply himself or
herself to some lawful calling; What is a Mendicant?
2. Any person found loitering about
public or semi-public buildings A mendicant refers to any person (except those
or places or trampling or enumerated in section 4 of the law) who has no
visible and legal means of support, or lawful
wandering about the country or
employment and who is physically able to work but
the streets without visible neglects to apply himself to some lawful calling and
means of support; instead uses begging as a means of living.
3. Any idle or dissolute person who
ledges in houses of ill fame; Those enumerated in section 4, who are not
4. Ruffians or pimps and those who considered mendicants are the following:
habitually associate with
prostitutes; 1. Any infant or child 8 years old and below who is
5. Any person who, not being found begging or is being utilized by a
mendicant for purposes of begging
included in the provisions of
2. Any minor over 9 years of age and under 15
other articles of this Code, shall found begging or is being utilized for purposes
be found loitering in any of begging, and who acted with or without
inhabited or uninhabited place discernment
belonging to another without 3. Any person who is found begging and who is
any lawful or justifiable physically or mentally incapable of gainful
purpose; occupation
Who are punishable?
IMPORTANT POINT TO REMEMBER ABOUT 1. A mendicant shall, upon conviction, be

THIS ARTICLE: punished by a fine not exceeding P500.00 or by
imprisonment for a period not exceeding 2
years or both at the discretion of the court.
Ø PROSTITUTES: women who, for
2. A habitual mendicant (one who has been
money or profit habitually indulge in convicted of mendicancy under this law 2 or
sexual intercourse or lascivious more times) shall be punished by a fine not
conduct exceeding P1000.00 or by imprisonment for a
period not exceeding years, or both at the
Ø VAGRANTS: discretion of the court.
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.
Ø The common concept of a vagrant is a
person who loiters in public places
without any visible means of
livelihood and without any lawful
purpose.
Ø Even millionaires or one who has

more that enough for his livelihood
can commit vagrancy by habitually
associating with prostitutes, pimps,
ruffians, or by habitually lodging in
houses of ill-repute.
Ø The purpose of the law is not simply

to punish a person because he has no

VII. CRIMES COMMITTED BY PUBLIC OFFICERS CRIMINAL LAW II
TITLE VII: CRIMES COMMITTED BY 35.Anticipation of duties of a public office

PUBLIC OFFICERS (Art. 236);
36.Prolonging performance of duties and
1. Who are public officers (Art. 203); powers (Art. 237);
2. Knowingly rendering unjust judgment 37.Abandonment of office or position
(Art. 204); (Art. 238);
3. Judgment rendered through 38.Usurpation of legislative powers (Art.
negligence (Art. 205); 239);
4. Unjust interlocutory order (Art. 206); 39.Usurpation of executive functions
5. Malicious delay in the administration (Art. 240);
of justice (Art. 207); 40.Usurpation of judicial functions (Art.
6. Prosecution of offenses; negligence 241);
and tolerance (Art. 208); 41.Disobeying request for disqualification
7. Betrayal of trust by an attorney or (Art. 242);
solicitor. — Revelation of secrets (Art. 42.Orders or requests by executive
209); officers to any judicial authority (Art.
8. Direct bribery (Art. 210); 243);
9. Indirect bribery (Art. 211); 43.Unlawful appointments (Art. 244);
10. Qualified bribery (Art. 211-A); 44.Abuses against chastity; Penalties
11.Corruption of public officials (Art. (Art. 245);
212);
12.Frauds against the public treasury and IMPORTANT POINTS TO REMEMBER
similar offenses (Art. 213); ABOUT THIS TITLE:
13.Other frauds (Art. 214);
14.Prohibited transactions (Art. 215); Ø This is one of the instances where the
15.Possession of prohibited interest by a Revised Penal Code may be given
public officer (Art. 216); extra-territorial application under
16.Malversation of public funds or Article 2 (5) thereof.
property; Presumption of
malversation (Art. 217); Ø Crimes under this title can be
17.Failure of accountable officer to committed by public officers or a non-
render accounts (Art. 218); public officer, when the latter become
18.Failure of a responsible public officer a conspirator with a public officer, or
to render accounts before leaving the an accomplice, or accessory to the
country (Art. 219); crime. The public officer has to be the
19.Illegal use of public funds or property principal.
(Art. 220);
20.Failure to make delivery of public
funds or property (Art. 221); 1. ARTICLE 203. WHO ARE
21.Officers included in the preceding PUBLIC OFFICERS
provisions (Art. 222);
22.Conniving with or consenting to Requisites:
evasion (Art. 223); 1) Taking part in the
23.Evasion through negligence (Art. performance of public
224); functions in the government;
24.Escape of prisoner under the custody 2) Performing in said
of a person not a public officer (Art. government or in any of its
225); branches public duties as an
25.Removal, concealment or destruction employee, agent or
of documents (Art. 226); subordinate official, or any
26.Officer breaking seal (Art. 227); rank or class;
27.Opening of closed documents (Art. 3) His authority to take part in
228); the performance of public
28.Revelation of secrets by an officer functions or to perform public
(Art. 229); duties must be –
29.Public officer revealing secrets of a. By direct provision of the law;
private individual (Art. 230); b. By popular election; or
30.Open disobedience (Art. 231); c. By appointment by competent
31.Disobedience to order of superior authority.
officers, when said order was
suspended by inferior officer (Art.
232); Ø The term “public officers”
32.Refusal of assistance (Art. 233); embraces every public servant
33.Refusal to discharge elective office from the highest to lowest.
(Art. 234);
34.Maltreatment of prisoners (Art. 235); Ø Officers and employees of
government owned and controlled
corporations included but not

those of a sequestered 4. ARTICLE 206. UNJUST
corporation. INTERLOCUTORY ORDER
A. Malfeasance and Misfeasance in Office Elements:

1. Offender is a judge;
Malfeasance Doing of an act 2. He performs any of the
which a public following acts:
officer should not a. Knowingly rendering an
have done unjust interlocutory order or
Misfeasance Improper doing of decree; or
an act which a b. Rendering a manifestly
person might unjust interlocutory order or
lawfully do decree through inexcusable
Nonfeasance Failure of an agent negligence or ignorance.
to perform his
undertaking for the
principal Ø The crime may be committed only by a
judge of a trial court and never of an
appellate court. The reason for this is
2. ARTICLE 204. KNOWINGLY that in appellate court, not only one
RENDERING UNJUST JUDGMENT magistrate renders or issues the
interlocutory order.
Elements:
2. He renders a judgment in a case Ø If the order leaves something to be
submitted to him for decision; done in the trial court with respect to
3. Judgment is unjust; the merits of the case, it is
4. The judge knows that his interlocutory. If it does not, it is final.
judgment is unjust.
5. ARTICLE 207. MALICIOUS DELAY

Ø No liability if mere error in good faith. IN THE ADMINISTRATION OF
JUSTICE
Ø There must be evidence that the
judgment is unjust for it cannot be Elements:
presumed. 1. Offender is a judge;
2. There is a proceeding in his court;
3. ARTICLE 205. JUDGMENT 3. He delays in the administration of
RENDERED THROUGH NEGLIGENCE justice;
4. The delay is malicious, that is, with
deliberate intent to inflict damage
Elements:
on either party in the case.
2. He renders a judgment in a case
submitted to him for decision;
3. The judgment is manifestly Ø Malice must be proven. Malice is
unjust; present where the delay is sought to
4. It is due to his inexcusable favor one party to the prejudice of the
negligence or ignorance. other.
Ø A manifestly unjust judgment is one

which is so manifestly contrary to law
that even a person having a few
knowledge of the law cannot doubt
the injustice.
Louis Vuitton SA v. Judge Villanueva
The Supreme Court held that a judgment

is said to be unjust when it is contrary to
the standards of conduct prescribed by
law. The test to determine whether an
order or judgment is unjust maybe
inferred from the circumstances that it is
contrary to law or is not supported by
evidence.

6. ARTICLE 208. PROSECUTION OF 7. ARTICLE 209. BETRAYAL OF

OFFENSES; NEGLIGENCE AND TRUST BY AN ATTORNEY OR
TOLERANCE SOLICITOR. — REVELATION OF
SECRETS
Acts Punished:
1. Maliciously refraining from Acts Punished:
instituting prosecution against 1. Causing damage to his client,
violators of the law; either—
2. Maliciously tolerating the a. By any malicious breach of
commission of offenses. professional duty;
b. By inexcusable negligence or
Elements: ignorance.
1. Offender is a public officer or Note: When the attorney acts
officer of the law who has a with malicious abuse of his
duty to cause the prosecution employment or inexcusable
of, or to prosecute, offenses; negligence or ignorance, there
2. There is a dereliction of the must be damage to his client.
duties of his office, that is, 2. Revealing any of the secrets of
knowing the commission of the his client learned by him in his
crime, he does not cause the professional capacity (damage
prosecution of the criminal, or is not necessary);
knowing that a crime is about 3. Undertaking the defense of the
to be committed, he tolerates opposing party in the same
its commission; case, without the consent of his
3. Offender acts with malice and first client, after having
deliberate intent to favor the undertaken the defense of said
violator of the law. first client of after having
received confidential
information from said client.
Ø This crime can only be committed by a
public officer whose official duty is to
prosecute offenders. Ø Communications made with
prospective clients to a lawyer with a
Ø While in Article 208, dereliction of view to engaging his professional
duty refers only to prosecuting services are already privileged even
officers, the term PREVARICACION though the client-lawyer relationship
applies to public officers in general did not eventually materialize.
who is remiss or who is maliciously
refraining from exercising the duties Ø The confidential matters or
of his office. information must be confided to the
lawyer in the latter’s professional
capacity.
Ø Mere malicious breach without
damage is not violative of Article 209;
at most he will be liable
administratively as a lawyer, e.g.,
suspension or disbarment under the
Code of Professional Responsibility.
Ø Several acts which would make a
lawyer criminally liable:
(1)Maliciously causing damage to his
client through a breach of his
professional duty. The breach of
professional duty must be
malicious. If it is just incidental, it
would not give rise to criminal
liability, although it may be the
subject of administrative
discipline;
(2)Through gross ignorance, causing
damage to the client;
(3)Inexcusable negligence;
(4)Revelation of secrets learned in his
professional capacity;

(5)Undertaking the defense of the then there is no agreement and not all
opposite party in a case without the acts necessary to commit the
the consent of the first client crime were present.
whose defense has already been
undertaken. Ø Temporary performance of public
functions is sufficient to constitute a
People v. Sandiganbayan person a public officer.
The Supreme Court held that not all Ø Bribery exists when the gift is:
information received by counsel from a. voluntarily offered by a private
client is classified as privileged. A person
distinction must be made between b. solicited by the public officer and
confidential communications relating to voluntarily delivered by the private
past crimes already committed, and person
future crimes intended to be committed c. solicited by the public officer but
by the client. the private person delivers it out of
fear of the consequences should
the public officer perform his
8. ARTICLE 210. DIRECT BRIBERY functions (here the crime by giver
is not corruption of public officials
Acts punished due to involuntariness)
1. Agreeing to perform, or
performing, in consideration of Ø Under the first type of bribery, actual
any offer, promise, gift or receipt of the gift is not necessary. An
present – an act constituting a accepted offer or promise of a gift is
crime, in connection with the sufficient. However, if the offer is not
performance of his official accepted, only the person offering the
duties; gift is liable for attempted corruption
2. Accepting a gift in of a public officer.
consideration of the execution
of an act which does not Ø Under the second type of bribery, the
constitute a crime, in gift must be accepted by the public
connection with the officer.
performance of his official
duty; Ø The gift must have a value or capable
3. Agreeing to refrain, or by of pecuniary estimation. It could be in
refraining, from doing the form of money, property or
something which it is his services.
official duty to do, in
consideration of gift or Ø If the act required of the public officer
promise. amounts to a crime and he commits it,
he shall be liable for the penalty
Elements corresponding to the crime.
1. Offender is a public officer
within the scope of Article 203; Ø The third type of bribery and
2. Offender accepts an offer or a prevaricacion (art 208) are similar
promise or receives a gift or offenses, both consisting of omissions
present by himself or through to do an act required to be performed.
another; In direct bribery however, a gift or
3. Such offer or promise be promise is given in consideration of
accepted, or gift or present the omission. This is not necessary in
received by the public officer – prevaricacion.
a. With a view to committing Ø Direct bribery does not absorb Art.

some crime; or 208 (dereliction of duty).
b. In consideration of the
execution of an act which
9. ARTICLE 211. INDIRECT BRIBERY
does not constitute a crime,
but the act must be unjust;
Elements:
or
1. Offender is a public officer;
c. To refrain from doing
2. He accepts gifts;
something which it is his
3. The gifts are offered to him by
official duty to do.
reason of his office.
Ø The crime of bribery has no frustrated

stage. If one party does not concur,
Ø The principal distinction between direct bribery

direct and indirect bribery is that in
the former, the officer agrees to Ø The dereliction of the duty punished
perform or refrain from doing an act in under Article 208 of the Revised Penal
consideration of the gift or promise. Code is absorbed.
In the latter case, it is not necessary
that the officer do any act. It is
sufficient that he accepts the gift 11. ARTICLE 212. CORRUPTION OF
offered by reason of his office. PUBLIC OFFICIALS
Ø If after receiving the gift, the officer Elements:

does any act in favor of the giver 1. Offender makes offers or
which is unfair to the others, it ceases promises or gives gifts or
to be indirect but becomes direct presents to a public officer;
bribery. 2. The offers or promises are
made or the gifts or presents
Ø This is always in the consummated given to a public officer, under
stage. There is no attempted much circumstances that will make
less frustrated stage in indirect the public officer liable for
bribery. direct bribery or indirect
bribery.
Ø There must be clear intention on the
part of the public officer
o to take the gift offered and
Ø The offender is the giver of the gift or
o consider the property as his
the offeror of the promise. The act
own for that moment.
may or may not be accomplished.
Ø Mere physical receipt unaccompanied
by any other sign, circumstance or act
Ø The following are the SPECIAL LAWS
to show such acceptance is not
related to the prosecution and
sufficient to convict the officer.
punishment of GRAFT and
CORRUPTION:
Ø Public officers receiving gifts and
private persons giving gifts on any
1. PRESIDENTIAL DECREE NO. 749
occasion, including Christmas are
liable under PD 46.
2. RA NO. 3019 (ANTI-GRAFT AND
CORRUPT PRACTICES ACT)
10. ARTICLE 211-A. QUALIFIED 3. RA NO. 7080 (ANTI-PLUNDER ACT)

BRIBERY
4. RA NO. 1379 (FORFEITURE OF ILL-
Elements: GOTTEN WEALTH)
1. Offender is a public officer
entrusted with law 5. PRESIDENTIAL DECREE NO. 46
enforcement;
2. He refrains from arresting or 6. RA 6713: CODE OF CONDUCT AND
prosecuting an offender who ETHICAL STANDARDS FOR PUBLIC
has committed a crime OFFICIALS AND EMPLOYEES
punishable by reclusion
perpetua and/or death;
3. Offender refrains from PRESIDENTIAL DECREE NO. 749
arresting or prosecuting in
consideration of any offer, Ø Givers of bribes and other gifts as well
promise, gift, or present. as accomplices in bribery and
violations of the Anti-graft and
Corrupt Practices Act are immune
Ø The crime of qualified bribery may be from prosecution under the following
committed only by public officers circumstances:
“entrusted with enforcement” whose a. information refers to
official duties authorize then to arrest consummated violations
or prosecute offenders. b. necessity of the information or
testimony
Ø The penalty is qualified if the public c. the information and testimony
officer is the one who asks or are not yet in the possession of
demands such present. the State
d. information and testimony can
Ø If penalty is lower than reclusion be corroborated on its material
perpetua and/or death, the crime is points
e. informant has been previously or giving any private party any

convicted of a crime involving unwarranted benefits, advantage,
moral turpitude or preference in the discharge of
his official, administrative or
Ø Before the bribe-giver may be judicial function through manifest
dropped from the information, he has partiality, evident bad faith or
to be charged first with the receiver. gross inexcusable negligence. This
provision shall apply to officers
Ø The immunity granted the bribe-giver and employees of offices or
is limited only to the illegal government corporations charged
transaction where the informant gave with the grant of licenses or
voluntarily the testimony. permits or other concessions.
F. Neglecting or refusing, after due
Ø The immunity shall not attach when it demand or request, without
turns out that the information given is sufficient justification, to act
false and malicious, for the purposes within a reasonable time on any
of harassing the officer. The public matter pending before him for the
officer in this even is entitled to the purpose of obtaining directly or
appropriate action against the indirectly, from any person
informant. interested in the matter some
pecuniary or material benefit or
advantage, or for the purpose of
RA NO. 3019 (ANTI-GRAFT AND CORRUPT favoring his own interest of giving
PRACTICES ACT) undue advantage in favor of or
discriminating against any other
Acts Punished (Sec. 3): interested party.
A. Persuading, inducing or influencing G. Entering, on behalf of the
another public officer to perform Government, into any contract or
an act constituting a violation of transaction manifestly and grossly
rules and regulations duly disadvantageous to the same,
promulgated by competent whether or not the public officer
authority or an offense in profited or will profit thereby.
connection with the official duties H. Directly or indirectly having
of the latter, or allowing himself to financial or pecuniary interest in
be persuaded, induced, or any business, contract or
influenced to commit such transaction in connection with
violation or offense. which he intervenes or take part in
B. Directly or indirectly requesting or his official capacity, or in which he
receiving any gift, present, share, is prohibited by the constitution or
percentage, or benefit for himself by any law from having any
or for any other person in interest.
connection with any contract or I. Directly or indirectly becoming
transaction between the interested, for personal gain, or
government and any other party having a material interest in any
wherein the public officer in his transaction or act requiring the
official capacity has to intervene approval of a board, panel, or
under the law. group of which he is a member,
C. Directly, or indirectly requesting or and which exercises discretion in
receiving any gift, present, or such approval, even if he votes
other pecuniary or material against the same or does not
benefit, for himself or for another, participate in the action of the
from any person for whom the board, committee, panel or group.
public officer, in any manner of J. Knowingly approving or granting
capacity, has secured or obtained, any license, permit, privilege, or
or will secure or obtain, any benefit in favor of any person not
Government permit or license, in qualified for or not legally entitled
consideration for the held given or to such license, permit, privilege,
to be given. or advantage, or of a mere
D. Accepting or having any member representative or dummy of one
of his family accept employment in who is not so qualified or entitled.
a private enterprise which has K. Divulging valuable information of a
pending official business with him confidential character, acquired by
during the pendency thereof or his office or by him on account of
within one year after its his official position to unauthorized
termination. persons, or releasing such
E. Causing any undue injury to any information in advance of its
party, including the Government, authorized release date.

F. Any public officer who

Persons Liable: recommended the initiation in
A. Any public officer who shall Congress of the enactment or
perform any of the following acts adoption of any law or resolution
enumerated in Sec. 3 or acquires or receives any such
B. Any person having family or close interest during his incumbency
personal relation with any public (Sec. 6).
official who shall capitalize or G. The member of Congress or other
exploit or take advantage of such public officer who, having such
family or close personal relation by interest prior to the approval of a
directly or indirectly requesting or law or resolution authored or
receiving any present, gift, or recommended by him, continues
material, or pecuniary advantage for thirty days after such approval
from any person having some to retain his interest (Sec. 6).
business, transaction, application, H. Any public officer who shall fail to
request, or contact with the file a true, detailed and sworn
government in which such public statement of assets and liabilities
official has to intervene (Sec. 4) within 30 days after assuming
C. Any person who shall knowingly office and thereafter on or before
induce or cause any public official the 15th day of April following the
to commit any of the offenses close of every calendar year, as
under (A). (Sec. 4) well as upon the expiration of his
D. Spouse or any relative, by term of office, or upon his
consanguinity or affinity, within resignation or separation from
the 3rd civil degree, of the office (Sec. 7).
president of the Philippines, the
vice-president, the president of the Prima Facie Evidence of and Dismissal
Senate, or speaker of the house of due to unexplained Wealth (Sec. 8):
Representatives, who shall Ø If a public official has been found to
intervene, directly or indirectly, in have acquired during his incumbency,
any business transaction, contract whether in his name or in the name of
or application with the gov’t (Sec. other persons, an amount of property
5). and/or money manifestly out of
This prohibition shall not apply to: proportion to his salary and to his
1. Any person who, prior to the other lawful income.
assumption of office of any of Ø Properties in the name of the spouse
the above officials to whom he and dependents of such public official
is related, has been already may be taken into consideration,
dealing with the gov’t along the when their acquisition through
same line of business; legitimate means cannot be
2. Any transaction, contract or satisfactorily shown.
application already existing or Ø Bank deposits in the name of or
pending at the time of such manifestly excessive expenditures
assumption of public office; incurred by the public official, his
3. Any application filed by him, the spouse or any of their dependents
approval of which is not including but not limited to activities
discretionary on the part of the in any club or association or any
official(s) concerned but ostentatious display of wealth
depends upon compliance with including frequent travel abroad of a
requisites provided by law, or non-official character by any public
rules or regulations issued official when such activities entail
pursuant to law; expenses evidently out of proportion
4. Any act lawfully performed an to legitimate income.
official capacity or in the
exercise of a profession. Competent court:
E. Any member of congress, during → All prosecutions under this Act shall
the term for which he has been be within the original jurisdiction of
elected, who shall acquire or the Sandiganbayan (Sec. 10).
receive any personal pecuniary
interest in any specific business
Prescription of offenses:
enterprise which shall be directly
→ All offenses punishable under this Act
and particularly favored or
shall prescribe in 15 years (Sec. 11).
benefited by any law or resolution
authored by him previously
approved or adopted by Congress
during his term (Sec. 6).
Exceptions:

→ Unsolicited gifts or presents of small gotten wealth should be committed by

or insignificant value offered or given a combination or through a series of
as a mere ordinary token of gratitude acts. There should be at least two acts
of friendship according to local otherwise the accused should be
customs or usage, shall be excepted charged with the particular crime
from the provisions of this act (Sec. committed and not with plunder. A
14). combination means at least two acts
of a different category while a series
RA NO. 7080 (ANTI-PLUNDER ACT) means at least two acts of the same
category.
Definition of Ill-gotten wealth:
Ø Any asset, property, business Persons Liable:
enterprise or material possession of A. Any public officer who, by himself or
any person acquired by him directly or in connivance with members of his
indirectly through dummies, family, relatives by affinity or
nominees, agents, subordinates, consanguinity, business associates
and/or business associates by any and subordinates or other persons,
combination or series of the following amasses, accumulates, or acquires ill-
means or similar schemes: gotten wealth through a combination
A. Through misappropriation, or series of overt or criminal acts as
conversion, misuse or described under (I) in the aggregate
malversation of public funds or amount or total value of at least 50
raids on the public treasury. million pesos, shall be guilty of the
B. By receiving, directly or indirectly, crime of plunder (as amended by RA
any commission, gift, share, 7659).
percentage, kickbacks or any other B. Any person who participated with the
form of pecuniary benefit from any said public officer in the commission
person and/or entity in connection of plunder.
with any government contract or
project or by reason of the office Jurisdiction:
or position of the public officer Ø All prosecutions under this Act shall
concerned; be within the original jurisdiction of
C. By the illegal or fraudulent the Sandiganbayan.
conveyance or disposition of assets
belonging to the National Rule of Evidence:
Government or any of its Ø For purposes of establishing the crime
subdivisions, agencies or of plunder, it shall not be necessary to
instrumentalities or government- prove each and every criminal act
owned or controlled corporations done by the accused in furtherance of
and their subsidiaries; the scheme and conspiracy to amass,
D. By obtaining, receiving or accumulate or acquire ill-gotten
accepting, directly or indirectly, wealth, it being sufficient to establish
any shares of stock, equity or any beyond reasonable doubt a pattern of
other form of interest or overt or criminal acts indicative of the
participation, including the overall unlawful scheme or
promise of future employment in conspiracy.
any business enterprise or
undertaking. Prescription of Crime:
E. By establishing agricultural, Ø The crime of plunder shall prescribe in
industrial or commercial 20 years. However, the right of the
monopolies or other combinations, State to recover properties unlawfully
and/or implementation of decrees acquired by public officers from them
and orders intended to benefit or from their nominees or transferees
particular persons or special shall not be barred by prescription,
interests; laches or estoppel.
F. By taking undue advantage of
official position, authority, RA NO. 1379 (FORFEITURE OF ILL-
relationship, connection or GOTTEN WEALTH)
influence to unjustly enrich himself
Ø The proceedings are civil and not
or themselves at the expense and
criminal in nature.
to the damage or prejudice of the
Filipino people and the Republic of
Ø If the public officer is found to have
the Philippines.
amassed wealth out of proportion to
his legitimate income, the said wealth
Estrada v. Sandiganbayan
will be forfeited in favor of the
Ø The Supreme Court held that the
government.
means and schemes to acquire ill-
agent, trustee or nominee in any

Ø No criminal charges can be filed private enterprise regulated,
against the public officer under this supervised or licensed by their
law; however the said public officer office unless expressly allowed
may be held criminally and/or by law;
administratively liable under other 2. Engage in the private practice of
laws. their profession unless
authorized by the Constitution or
PRESIDENTIAL DECREE NO. 46 law, provided, that such practice
will not conflict or tend to conflict
Ø Prohibits giving and acceptance of with their official functions; or
gifts by a public officer or to a public 3. Recommend any person to any
officer, even during anniversary, or position in a private enterprise
when there is an occasion like which has a regular or pending
Christmas, New Year, or any gift- official transaction with their
giving anniversary. office.
C. Public officials and employees shall
Ø Both giver and receiver are punished. not use or divulge, confidential or
classified information officially known
Ø The giving of a party is also to them by reason of their office and
punishable and is not limited to the not made available to the public,
public officer only but also to any either:
member of his family. 1. To further their private
interests, or give undue
RA 6713: CODE OF CONDUCT AND advantage to anyone; or
ETHICAL STANDARDS FOR PUBLIC 2. to prejudice the public
OFFICIALS AND EMPLOYEES interest.
D. Public officials and employees shall
not solicit or accept, directly or
indirectly, any gift, gratuity, favor,
Definition of terms:
entertainment, loan or anything of
A. "Conflict of interest" arises when a
monetary value from any person in
public official or employee is a
the course of their official duties or
member of a board, an officer, or a
in connection with any operation
substantial stockholder of a private
being regulated by, or any
corporation or owner or has a
transaction which may be affected
substantial interest in a business, and
by the functions of their office.
the interest of such corporation or
business, or his rights or duties
therein, may be opposed to or
Gifts or grants from foreign
affected by the faithful performance
governments:
of official duty.
A. The acceptance and retention by a
B. "Divestment" is the transfer of title or
public official or employee of a gift
disposal of interest in property by
of nominal value tendered and
voluntarily, completely and actually
received as a souvenir or mark of
depriving or dispossessing oneself of
courtesy;
his right or title to it in favor of a
B. The acceptance by a public official
person or persons other than his
or employee of a gift in the nature
spouse and relatives as defined in this
of a scholarship or fellowship grant
Act.
or medical treatment; or
C. "Relatives" refers to any and all
C. The acceptance by a public official
persons related to a public official or
or employee of travel grants or
employee within the fourth civil
expenses for travel taking place
degree of consanguinity or affinity,
entirely outside the Philippine
including bilas, inso and balae.
(such as allowances,
transportation, food, and lodging)
of more than nominal value if such
Prohibited Acts and Transactions (sec.
acceptance is appropriate or
7):
consistent with the interests of the
A. Public officials and employees shall
Philippines, and permitted by the
not have any financial or material
head of office, branch or agency to
interest in any transaction requiring
which he belongs.
the approval of their office.
B. Public officials and employees during
Ø These prohibitions shall continue to
their incumbency shall not:
apply for a period of one (1) year after
1. Own, control, manage or accept
resignation, retirement, or separation
employment as officer, employee,
from public office, except in the case
consultant, counsel, broker,
of subparagraph (b) (2) above, but 2. He has taken advantage of his office,
the professional concerned cannot that is, he intervened in the transaction
practice his profession in connection in his official capacity;
with any matter before the office he
used to be with, in which case the 3. He entered into an agreement with
one-year prohibition shall likewise any interested party or speculator or
apply. made use of any other scheme with
regard to:
Divestment (sec 9):
Ø When a conflict of interest arises, he a. furnishing supplies
shall resign from his position in any b. the making of contracts, or
private business enterprise within c. the adjustment or settlement of
thirty (30) days from his assumption accounts relating to public
of office and/or divest himself of his property or funds;
shareholdings or interest within sixty
(60) days from such assumption. 4. He had intent to defraud the
government
Ø The same rule shall apply where the Ø The essence of this crime is making
public official or employee is a partner the government pay for something not
in a partnership. received or making it pay more than
what is due. It is also committed by
B. Frauds and Illegal Exactions and refunding more than the amount
Transactions which should properly be refunded.
Ø It is not necessary that the

12. ARTICLE 213. FRAUDS AGAINST government is actually defrauded by
THE PUBLIC TREASURY AND SIMILAR reason of the transaction. It is
OFFENSES sufficient that the public officer who
acted in his official capacity had the
Acts Punished: intent to defraud the government.
1. Entering into an agreement with
any interested party or speculator Ø The offender must have the duty as
or making use of any other public officer to deal with any person
scheme, to defraud the with regard to furnishing supplies,
government, in dealing with any making of contracts, or the
person with regard to furnishing adjustments or settlement of accounts
supplies, the making of contracts, relating to public property or funds.
or the adjustment or settlement of
accounts relating to public Ø The felony is consummated by merely
property or funds; entering into an agreement with any
2. Demanding, directly or indirectly, interested party or speculator or by
the payment of sums different merely making use of any scheme to
from or larger than those defraud the Government.
authorized by law, in collection of
taxes, licenses, fees, and other Elements of illegal exactions under par. 2
imposts;
3. Failing voluntarily to issue a 1. Offender is a public officer entrusted
receipt, as provided by law, for with the collection of taxes, licenses,
any sum of money collected by fees and other imposts;
him officially, in the collection of
taxes, licenses, fees and other 2. He is guilty of any of the following
imposts; acts or omissions:
4. Collecting or receiving, directly or
indirectly, by way of payment or a. Demanding, directly or indirectly,
otherwise, things or objects of a the payment of sums different
nature different from that from or larger than those
provided by law, in the collection authorized by law; or
of taxes, licenses, fees and other b. Failing voluntarily to issue a
imposts. receipt, as provided by law, for any
sum of money collected by him
officially; or
c. Collecting or receiving, directly or
Elements of frauds against public indirectly, by way of payment or
treasury under paragraph 1 otherwise, things or objects of a
nature different from that provided
1. Offender is a public officer; by law.

Ø This can only be committed principally

by a public officer whose official duty 14. ARTICLE 215. PROHIBITED
is to collect taxes, license fees, import TRANSACTIONS
duties and other dues payable to the
government. Elements:
1. Offender is an appointive public
Ø Mere demand of a larger or different officer;
amount is sufficient to consummate 2. He becomes interested, directly
the crime. The essence is the improper or indirectly, in any transaction
collection (damage to government is of exchange or speculation;
not required) 3. The transaction takes place
within the territory subject to
Ø The act of receiving payment due the his jurisdiction;
government without issuing a receipt 4. He becomes interested in the
will give rise to illegal exaction even transaction during his
though a provisional receipt has been incumbency.
issued. What the law requires is a
receipt in the form prescribed by law,
which means official receipt.
Ø Examples of transactions of exchange
or speculation are: buying and selling
Ø If sums are received without
stocks, commodities, land etc wherein
demanding the same, a felony under
one hopes to take advantage of an
this article is not committed.
expected rise or fall in price
However, if the sum is given as a sort
of gift or gratification, the crime is
Ø Purchasing of stocks or shares in a
indirect bribery.
company is simple investment and not
a violation of the article. However,
Ø When there is deceit in demanding
regularly buying securities for resale
a greater fee than those prescribed by
is speculation
law, the crime committed is estafa and
not illegal exaction.
Ø The offender may also be held liable
under RA 3019 Sec 3(i)
Ø May be complexed with
malversation
Ø Officers and employees of the BIR 15. ARTICLE 216. POSSESSION OF

or Customs are not covered by the PROHIBITED INTEREST BY A
article. The Revised Administrative PUBLIC OFFICER
Code is the applicable law.
Persons liable:
1. Public officer who, directly or
13. ARTICLE 214. OTHER FRAUDS indirectly, became interested in
any contracts or business in
Elements: which it was his official duty to
1. Offender is a public officer; intervene;
2. He takes advantage of his 2. Experts, arbitrators, and private
official position; accountants who, in like manner,
3. He commits any of the frauds or took part in any contract or
deceits enumerated in Article transaction connected with the
315 to 318 (estafa, other forms estate or property in the
of swindling, swindling a minor, appraisal, distribution or
other deceits). adjudication of which they had
acted;
3. Guardians and executors with
respect to the property
belonging to their wards or the
estate
Ø Fraud is not necessary. Intervention

must be by virtue of the public office
held.
Ø The basis here is the possibility that

fraud may be committed or that the
officer may place his own interest

above that of the government or party Ø The funds or property must be

he represents. received in an official capacity.
Otherwise, the crime committed is
C. Malversation of Public Funds or estafa.
Property
Ø If the public officer is not accountable
for the funds or property but someone
16. ARTICLE 217. MALVERSATION OF else, the crime committed is theft or
PUBLIC FUNDS OR PROPERTY; qualified theft if there is an abuse of
PRESUMPTION OF MALVERSATION confidence.
Acts punished: Ø Returning the embezzled funds is not

1. Appropriating public funds or exempting, it is only mitigating
property;
2. Taking or misappropriating the Ø A person whose negligence made
same; possible the commission of
3. Consenting, or through malversation by another can be held
abandonment or negligence, liable as a principal by indispensable
permitting any other person to cooperation
take such public funds or
property; and
Ø Demand as well as damage to the
4. Being otherwise guilty of the
government are not necessary
misappropriation or malversation
elements
of such funds or property.
Elements common to all acts: Ø A private person may also commit

1. Offender is a public officer; malversation under the following
2. He had the custody or control of situations:
funds or property by reason of the (1)Conspiracy with a public officer in
duties of his office; committing malversation;
3. Those funds or property were (2)When he has become an
public funds or property for which accomplice or accessory to a public
he was accountable; officer who commits malversation;
4. He appropriated, took, (3)When the private person is made
misappropriated or consented or, the custodian in whatever capacity
through abandonment or of public funds or property,
negligence, permitted another whether belonging to national or
person to take them. local government, and he
misappropriates the same;
(4)When he is constituted as the
depositary or administrator of
Ø Malversation is otherwise called funds or property seized or
embezzlement attached by public authority even
though said funds or property
Ø The public officer must have official belong to a private individual.
custody or the duty to collect or
receive funds due the government, or Ø Technical malversation is not included
the obligation to account for them. in the crime of malversation.
Ø It is not necessary that the offender Presumption of misappropriation:

profited for as long as the accountable Ø When a demand is made upon an
officer was remiss in his duty of accountable officer and he cannot
safekeeping public funds or property. produce the fund or property involved,
He is liable for malversation if such there is a prima facie presumption
funds were lost or otherwise that he had converted the same to his
misappropriated by another. own use.
Ø It can be committed either with Ø There must be indubitable proof that

malice or through negligence or thing unaccounted for exists. Audit
imprudence. This is one crime in the should be made to determine if there
Revised Penal Code where the penalty was shortage. Audit must be
is the same whether committed with complete and trustworthy. If there is
dolo or culpa. doubt, presumption does not arise.
Ø The nature of the duties of the public Quizo v. Sandiganbayan

officer, not the name of the office, is The accused incurred shortage (P1.74)
controlling. mainly because the auditor disallowed
certain cash advances the accused

granted to employees. But on the same present, the crime would be

date that the audit was made, he partly malversation.
reimbursed the amount and paid it in full
three days later. The Supreme Court
considered the circumstances as negative 18. ARTICLE 219. FAILURE OF A
of criminal intent. The cash advances RESPONSIBLE PUBLIC OFFICER TO
were made in good faith and out of good RENDER ACCOUNTS BEFORE
will to co-employees which was a LEAVING THE COUNTRY
practice tolerated in the office. There
was no negligence, malice, nor intent to Elements:
defraud. 1. Offender is a public officer;
2. He is an accountable officer for
Malversation (Art. Estafa with Abuse public funds or property;
217) of Confidence 3. He unlawfully leaves or
(Art. 315) attempts to leave the
Funds or property Funds/property Philippine Islands without
usually public are always securing a certificate from the
private Commission on Audit showing
Offender is usually Offender is a that his accounts have been
a public officer private individual finally settled.
who is or even a public
accountable for officer who is not
the public accountable for
funds/property public Ø The purpose of the law is to
funds/property discourage responsible or accountable
Crime is Crime is officers from leaving without first
committed by committed by liquidating their accountability. It is
approaching, misappropriating, not necessary that they really
taking, or converting, or misappropriated public funds.
misappropriating/ denying having
consenting, or received money,
through goods or other 19. ARTICLE 220. ILLEGAL USE OF
abandonment or personal property PUBLIC FUNDS OR PROPERTY
negligence,
permitting any Elements:
other person to 1. Offender is a public officer;
take the public 2. There are public funds or
funds/property property under his
No element of There is damage. administration;
damage. 3. Such fund or property were
Demand not There is a need appropriated by law or
necessary. for prior demand. ordinance;
4. He applies such public fund or
property to any public use
17. ARTICLE 218. FAILURE OF other than for which it was
ACCOUNTABLE OFFICER TO appropriated for.
RENDER ACCOUNTS
Elements: Ø Illegal use of public funds or property

1. Offender is public officer, is also known as technical
whether in the service or malversation.
separated therefrom by Ø The term technical malversation is
resignation or any other cause; used because in this crime, the fund
2. He is an accountable officer for or property involved is already
public funds or property; appropriated or earmarked for a
3. He is required by law or certain public purpose.
regulation to render account to
the Commission on Audit, or to Malversation (Art. Technical
a provincial auditor; 217) malversation (Art.
4. He fails to do so for a period of 220)
two months after such The offender The public officer
accounts should be rendered. misappropriates applies the public
public funds or funds or property
property for his under his
Ø Demand for accounting is not own personal use, administration to
necessary. It is also not essential that or allows any other another public use
there be misappropriation because if person to take such different from that
funds or property for which the

for the latter’s own public fund was D.. Infidelity of Public Officers
personal use. appropriated by
law or ordinance.
22. ARTICLE 223. CONNIVING
WITH OR CONSENTING TO
20. ARTICLE 221. FAILURE TO EVASION
MAKE DELIVERY OF PUBLIC
FUNDS OR PROPERTY Elements:
Acts punished: 2. He had in his custody or charge
1. Failing to make payment by a a prisoner, either detention
public officer who is under prisoner or prisoner by final
obligation to make such judgment;
payment from government 3. Such prisoner escaped from his
funds in his possession; custody;
2. Refusing to make delivery by a 4. He was in connivance with the
public officer who has been prisoner in the latter’s escape.
ordered by competent
authority to deliver any
property in his custody or Ø Classes of prisoners involved
under his administration. 1. Those who have been sentenced by
final judgment to any penalty;
Elements: 2. Detention prisoners who are
1. Public officer has government temporarily held in custody for any
funds in his possession; crime or violation of law or
2. He is under obligation to municipal ordinance.
either:
a. make payment from such Ø This includes allowing prisoners to
funds; sleep and eat in the officer’s house or
b. to deliver any property in utilizes the prisoner’s services for
his custody or under his domestic chores.
administration
3. He fails to make the payment Ø The release of a detention prisoner
or refuses to make delivery who could not be delivered to judicial
maliciously. authorities within the time fixed by
law is not infidelity in the custody of a
3. He fails to make the payment prisoner.
maliciously.
23. ARTICLE 224. EVASION

THROUGH NEGLIGENCE
21. ARTICLE 222. OFFICERS
INCLUDED IN THE PRECEDING Elements:
PROVISIONS 1. Offender is a public officer;
2. He is charged with the
Persons Who May Be Held Liable conveyance or custody of a
Under Arts 217 To 221: prisoner or prisoner by final
1. Private individual who, in any judgment;
capacity, have charge of any 3. Such prisoner escapes through
national, provincial or negligence.
municipal funds, revenue, or
property
2. Administrator or depositary of
funds or property that has been Ø This covers only positive carelessness
attached, seized or deposited and definite laxity which amounts to
by public authority, even if deliberate non-performance of duties.
owned by a private individual
Ø The fact that the public officer
recaptured the prisoner who had
escaped from his custody does not
Ø Sheriffs and receivers fall under the afford complete exculpation.
term “administrator”
Ø The liability of an escaping prisoner:
Ø A judicial administrator in charge of a. If he is a prisoner by final
settling the estate of the deceased is judgment, he is liable for
not covered by the article evasion of service (Art. 157)

b. If he is a detention prisoner, he extinguished. If the writings are mere

does not incur criminal liability forms, there is no crime.
(unless cooperating with the Ø Damage to public interest is
offender). necessary. However, material
damage is not necessary.
Ø Removal is consummated upon
24. ARTICLE 225. ESCAPE OF removal or secreting away of the
PRISONER UNDER THE CUSTODY document from its usual place. It is
OF A PERSON NOT A PUBLIC immaterial whether or not the illicit
OFFICER purpose of the offender has been
accomplished
Elements: Ø This could cover failure on the part of
1. Offender is a private person; the post office to forward the letters
2. The conveyance or custody of a to their destination.
prisoner or person under arrest is Ø Damage in this article may consist in
confided to him;
mere alarm to the public or in the
3. The prisoner or person under
arrest escapes; alienation of its confidence in any
4. Offender consents to the escape, or branch of the government service.
that the escape takes place
through his negligence.
26. ARTICLE 227. OFFICER
BREAKING SEAL
Ø If the offender who aided or Elements:

consented to the prisoner’s escaping 1. Offender is a public officer;
from confinement, whether the 2. He is charged with the custody of
prisoner is a convict or a detention papers or property;
3. These papers or property are sealed
prisoner, is not the custodian, the
by proper authority;
crime is delivering prisoners from jail
4. He breaks the seal or permits them
under Article 156. to be broken.
Ø The party who is not the custodian
who conspired with the custodian in
allowing the prisoner to escape does
not commit infidelity in the custody of Ø In "breaking of seal", the word
the prisoner. He commits the crime of "breaking" should not be given a
delivering prisoners from jail. literal meaning. Even if actually, the
Ø Art. 225 not applicable if a private seal was not broken, because the
person was the one who made the custodian managed to open the parcel
arrest and he consented to the escape without breaking the seal.
of the person he arrested.
Ø The element of damage is not
required.
25. ARTICLE 226. REMOVAL,
CONCEALMENT OR DESTRUCTION
27. ARTICLE 228. OPENING OF
OF DOCUMENTS
CLOSED DOCUMENTS
Elements:
Elements:
2. He abstracts, destroys or conceals a
2. Any closed papers, documents, or
document or papers;
objects are entrusted to his custody;
3. Said document or papers should
3. He opens or permits to be opened
have been entrusted to such public
said closed papers, documents or
officer by reason of his office;
objects;
4. Damage, whether serious or not, to
4. He does not have proper authority.
a third party or to the public
interest has been caused.
Ø The act should not fall under 227.

Ø Can only be committed by the public Ø Damage also not necessary
officer who is made the custodian of
the document in his official capacity.
If the officer was placed in possession
of the document but it is not his duty
to be the custodian thereof, this crime
is not committed.
Ø The document must be complete and
one by which a right could be
established or an obligation could be
the public officer

28. ARTICLE 229. REVELATION OF having charge
SECRETS BY AN OFFICER thereof removes
and delivers
Acts punished: them wrongfully
1. Revealing any secrets known to to a third
the offending public officer by
person.
reason of his official capacity;
Elements:
a. Offender is a public officer; 29. ARTICLE 230. PUBLIC OFFICER
b. He knows of a secret by reason REVEALING SECRETS OF PRIVATE
of his official capacity; INDIVIDUAL
c. He reveals such secret without
authority or justifiable reasons; Elements:
d. Damage, great or small, is 1. Offender is a public officer;
caused to the public interest.
2. He knows of the secrets of a
2. Delivering wrongfully papers or
private individual by reason of
copies of papers of which he may his office;
have charge and which should not 3. He reveals such secrets without
be published. authority or justifiable reason.
Elements:
a. Offender is a public officer;
b. He has charge of papers; Ø Revelation to one person is sufficient
c. Those papers should not be Ø When the offender is a public attorney
published; or a solicitor, the act of revealing the
d. He delivers those papers or secret should not be covered by Art
copies thereof to a third 209.
person; Ø Damage to private individual is not
necessary. The reason for this
provision is to uphold faith and trust
Ø Espionage is not contemplated in this in public service.
article since revelation of secrets of
the State to a belligerent nation is D. Other Offenses or Irregularities by
already defined in Art 117 and CA 616. Public Officers
Ø Secrets must affect public interest.
Secrets of private persons are not
included. 30. ARTICLE 231. OPEN
Ø Charge”: means custody or control. If DISOBEDIENCE
he is merely entrusted with the
papers and not with the custody Elements:
thereof, he is not liable under this 1. Officer is a judicial or executive
article. officer;
2. There is a judgment, decision or
Ø If the papers contain secrets which order of a superior authority;
should not be published, and the 3. Such judgment, decision or
public officer having charge thereof order was made within the
removes and delivers them wrongfully scope of the jurisdiction of the
to a third person, the crime is superior authority and issued
revelation of secrets. On the other with all the legal formalities;
hand, if the papers do not contain 4. He, without any legal
secrets, their removal for an illicit justification, openly refuses to
purpose is infidelity in the custody of execute the said judgment,
documents. decision or order, which he is
Ø Damage is essential to the act duty bound to obey.
committed.
Revelation Of Removal,
Secrets By An Concealment or
Officer (Art. Destruction of
229) Documents (Art.
226)
The papers The papers do not

contain secrets contain secrets but
and therefore their removal is for
should not be an illicit purpose.
published, and
31. ARTICLE 232. DISOBEDIENCE Ø Once an individual is elected to an

TO ORDER OF SUPERIOR office by the will of the people,
OFFICERS, WHEN SAID ORDER discharge of duties becomes a matter
WAS SUSPENDED BY INFERIOR of duty, not only a right.
OFFICER
Ø This only applies for elective, not
Elements: appointive officers.
2. An order is issued by his
superior for execution; 34. ARTICLE 235. MALTREATMENT
3. He has for any reason OF PRISONERS
suspended the execution of
such order; Elements:
4. His superior disapproves the 1. Offender is a public officer or
suspension of the execution of employee;
the order; 2. He has under his charge a
5. Offender disobeys his superior prisoner or detention prisoner;
despite the disapproval of the 3. He maltreats such prisoner in
suspension. either of the following
manners:
a. By overdoing himself in the

correction or handling of a
Ø This does not apply if the order of the
prisoner or detention prisoner
superior is illegal.
under his charge either –
i. By the imposition of
32. ARTICLE 233. REFUSAL OF
punishment not
ASSISTANCE
authorized by the
regulations;
Elements:
ii. By inflicting such
punishments (those
2. A competent authority demands
authorized) in a cruel and
from the offender that he lend
humiliating manner;
his cooperation towards the
administration of justice or
b. By maltreating such prisoners
other public service;
to extort a confession or to
3. Offender fails to do so
obtain some information from
maliciously.
the prisoner.
Ø The request must come from one Ø This is committed only by such public
public officer to another. officer charged with direct custody of
the prisoner.
Ø If he receives consideration therefore,
bribery is committed. But mere Ø Offender may also be held liable for
demand will fall under the prohibition physical injuries or damage caused.
under the provision of Republic Act
No. 3019 (Anti-Graft and Corrupt Ø If the public officer is not the
Practices Act). custodian of the prisoner, and he
manhandles the latter, the crime is
physical injuries.
33. ARTICLE 234. REFUSAL TO
DISCHARGE ELECTIVE OFFICE Ø The offended party can either be a
convict by final judgment or a
Elements: detention prisoner.
1. Offender is elected by popular
election to a public office; Ø To be considered a detention prisoner,
2. He refuses to be sworn in or to the person arrested must be placed in
discharge the duties of said jail even for just a short while.
office;
3. There is no legal motive for Ø The maltreatment does not really
such refusal to be sworn in or to require physical injuries. Any kind of
discharge the duties of said punishment not authorized or though
office. authorized if executed in excess of the
prescribed degree.
Ø If the maltreatment was done in order Ø The offense is qualified when the
to extort confession, the penalty is purpose of the abandonment is to
qualified to the next higher degree. evade the discharge of duties of
preventing, prosecuting, punishing
any of the crimes falling within Title
35. ARTICLE 236. ANTICIPATION One and Chapter One of Title Three of
OF DUTIES OF A PUBLIC OFFICE book two of the RPC.
Elements: Abandonment of Dereliction of

1. Offender is entitled to hold a Office or Position Duty (Art. 208)
public office or employment, (Art. 238)
either by election or Committed by any Committed only
appointment; public officer by public officers
2. The law requires that he should who have the
first be sworn in and/or should duty to institute
first give a bond; prosecution for
3. He assumes the performance of the punishment
the duties and powers of such of violations of
office; the law
4. He has not taken his oath of There is actual Public officer
office and/or given the bond abandonment does not abandon
required by law. through his office but
resignation to merely fails to
evade the prosecute a
discharge of violation of the
duties. law.
36. ARTICLE 237. PROLONGING
PERFORMANCE OF DUTIES AND
POWERS 38. ARTICLE 239. USURPATION OF
LEGISLATIVE POWERS
Elements:
1. Offender is holding a public Elements:
office; 1. Offender is an executive or
2. The period provided by law, judicial officer;
regulations or special provision 2. That he:
for holding such office, has a. makes general rules or
already expired; regulations beyond the
3. He continues to exercise the scope of his authority; or
duties and powers of such b. attempts to repeal a law; or
office. c. suspends the execution
thereof.
Ø The offenders here can be those Ø Arts 239-241 punish interference by

suspended, separated, declared over- public officers of the executive or
aged, or dismissed. judiciary with the functions of another
department of government to keep
them within legitimate confines of
37. ARTICLE 238. ABANDONMENT their respective jurisdictions.
OF OFFICE OR POSITION
Ø Legislative officers are not liable for
Elements: usurpation of powers.
2. He formally resigns from his
position;
3. His resignation has not yet been
accepted;
4. He abandons his office to the
detriment of the public service.
Ø For the resignation to be formal, it has

to be in written form.
39. ARTICLE 240. USURPATION OF 42. ARTICLE 243. ORDERS OR

EXECUTIVE FUNCTIONS REQUESTS BY EXECUTIVE
OFFICERS TO ANY JUDICIAL
Elements: AUTHORITY
2. That he: Elements:
a. assumes a power pertaining 1. Offender is an executive officer;
to the executive authorities, 2. He addresses any order or
or suggestion to any judicial
b. obstructs the executive authority;
authorities in the lawful 3. The order or suggestion relates
exercise of their powers. to any case or business coming
within the exclusive jurisdiction
of the courts of justice.
40. ARTICLE 241. USURPATION OF

JUDICIAL FUNCTIONS
Ø The purpose is to maintain the
Elements: independence of the judiciary from
1. Offender is an officer of the executive dictations.
executive branch of the
government;
2. That he: 43. ART 244. UNLAWFUL
a. assumes judicial powers, or APPOINTMENTS
b. obstructs the execution of
any order or decision Elements:
rendered by any judge 1. Offender is a public officer;
within his jurisdiction. 2. He nominates or appoints a
person to a public office;
3. Such person lacks the legal
qualifications therefore;
41. ARTICLE 242. DISOBEYING 4. Offender knows that his nominee
REQUEST FOR DISQUALIFICATION or appointee lacks the
qualification at the time he made
Elements: the nomination or appointment.
2. A proceeding is pending before
such public officer; Ø This can also be covered by RA 3019.
3. There is a question brought
before the proper authority Ø Recommending, knowing that the
regarding his jurisdiction, person recommended is not qualified
which is not yet decided; is not a crime.
4. He has been lawfully required
to refrain form continuing the Ø There must be a law providing for the
proceeding; qualifications of a person to be
5. He continues the proceeding. nominated or appointed to a public
office.
Ø The disobedient officer is liable even if

the jurisdictional question is resolved
in his favor.

and immoral to a woman. The

44. ART. 245. ABUSES AGAINST advances must be immoral or
CHASTITY indecent.
Acts punished: Ø Proof of solicitation is not necessary

1. Soliciting or making immoral or when there is sexual intercourse.
indecent advances to a woman
interested in matters pending Ø Abuse against chastity is not absorbed
before the offending officer for in rape because the basis of
decision, or with respect to which penalizing the acts is different from
he is required to submit a report to each other.
or consult with a superior officer;
2. Soliciting or making immoral or
indecent advances to a woman
under the offender’s custody;
3. Soliciting or making immoral or
indecent advances to the wife,
daughter, sister or relative within
the same degree by affinity of any
person in the custody of the
offending warden or officer.
Elements:
2. He solicits or makes immoral or
indecent advances to a woman;
3. Such woman is –
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.
Ø The crime is consummated by mere

proposal.
Ø The mother of the person in the

custody of the public officer is not
included but the offender may be
prosecuted under the Section 28 of
Republic Act No. 3019 (Anti-graft and
Corrupt Practices Act).
Ø If the offender were not the

custodian, then crime would fall under
Republic Act No. 3019 (The Anti-Graft
and Corrupt Practices Act).
Ø Solicit: means to propose earnestly

and persistently something unchaste
VIII. CRIMES AGAINST PERSONS CRIMINAL LAW II
TITLE VIII: CRIMES AGAINST PERSONS

1. ARTICLE 246. PARRICIDE
1. Parricide (Art. 246);
2. Death or physical injuries inflicted Elements:
under exceptional circumstances (Art. 1. Person is killed;
247); 2. Deceased is killed by the accused;
3. Murder (Art. 248); 3. Deceased is the
4. Homicide (Art. 249); a. legitimate/illegitimate father
5. Death caused in a tumultuous affray b. legitimate/illegitimate mother
(Art. 251); c. legitimate/illegitimate child
6. Physical injuries inflicted in a o should not be less than 3
tumultuous affray (Art. 252); days old because if so, crime
7. Giving assistance to suicide (Art. is infanticide
253); d. legitimate other ascendant
8. Discharge of firearms (Art. 254); e. legitimate other descendant
9. Infanticide (Art. 255); o legitimate spouse
10.Intentional abortion (Art. 256);
11.Unintentional abortion (Art. 257);
12.Abortion practiced by the woman IMPORTANT POINTS TO REMEMBER
herself or by her parents (Art. 258); REGARDING THIS ARTICLE:
13.Abortion practiced by a physician or
midwife and dispensing of abortives Ø Essential element: relationship of
(Art. 259); offender with the victim; except for
14.Duel (Art. 260); spouses, only relatives by blood and
15.Challenging to a duel (Art. 261); in direct line (adopted are not
16.Mutilation (Art. 262); included)
17.Serious physical injuries (Art. 263); Ø Supreme Court ruled that Muslim
18.Administering injurious substances or husbands with several wives can be
beverages (Art. 264); convicted of parricide only in case the
19.Less serious physical injuries (Art. first wife is killed.
265); Ø Relationship must be alleged. If not,
20.Slight physical injuries and relationship would only be considered
maltreatment (Art. 266); and as aggravating circumstance.
21.Rape (Art. 266-A) Ø Cases of parricide when the penalty
shall not be reclusion perpetua to
IMPORTANT POINTS TO REMEMBER death:
ABOUT THIS TITLE: 1. parricide through negligence (Art
.365)
Ø The essence of crimes involves the 2. parricide by mistake (Art. 49)
taking of human life, destruction of 3. parricide under exceptional
the fetus, or inflicting injuries. circumstances (Art. 247)
Ø Parricide is premised on the
relationship between the offender 1. People vs. Dalag
and the offended. A stranger who A stranger who cooperates and
conspires with the parent is guilty takes part in the commission of the crime
of murder. of parricide, is not guilty of parricide but
Ø In infanticide, the victim is only homicide or murder, as the case may
younger than three days or 72 be. The key element in parricide is the
hours old; can be committed by a relationship of the offender with the
stranger. If a stranger who victim.
conspires with parent, both
commit the crime of infanticide.
A. Destruction of Life

2. ARTICLE 247. DEATH OR 2. People v. Abarca

PHYSICAL INJURIES UNDER The killing must be the direct
EXCEPTIONAL CIRCUMSTANCES result of the outrage suffered by the
cuckolded husband. Although about
Requisites for Application: one hour had passed between the
time the accused discovered his wife
1. The accused is: having sexual intercourse with the
a. legally married person or victim and the time the latter was
b. parent (legitimate/illegitimate) actually killed, it was held that Article
of single daughter under 18 years 247 was applicable, as the shooting
old and living with him was a continuation of the pursuit of
Ø who surprises his spouse (in the victim by the accused.
flagrant adultery) or daughter Inflicting death under exceptional
in the act of committing circumstances is not murder. Two
sexual intercourse with other persons suffered physical
another person injuries as they were caught in the
2. In the act or immediately after, crossfire when the accused shot the
the accused: victim. A complex crime of double
Ø kills any or both or frustrated murder was not committed
Ø inflicts any serious physical as the accused did not have the intent
injuries to kill the two victims. Here, the
3. Accused did not promote or accused did not commit murder when
facilitate the prostitution of his wife he fired at the paramour of his wife.
or daughter, or that he has not No aberratio ictus because he was
consented to the infidelity of acting lawfully.
spouse.
3. ARTICLE 248. MURDER
IMPORTANT POINTS TO REMEMBER Elements:

REGARDING THIS ARTICLE: 1. Person was killed;
2. Accused killed him;
Ø Requisites must be established by 3. Killing attended by any of the
evidence of the defense following qualifying circumstances –
Ø “living with parent” is understood a. With treachery, taking
to be in their own dwelling advantage of superior
because of the embarrassment and strength, with the aid or
humiliation done to the parent and armed men, or employing
parental abode means to waken the defense,
o If done in a motel, article or of means or persons to
does not apply. insure or afford impunity;
Ø ‘surprise’ means “to come upon b. In consideration of a price, reward
suddenly and unexpectedly” or promise;
Ø Article does not apply: If the c. By means of inundation, fire,
surprising took place before any poison, explosion, shipwreck,
actual sexual intercourse could be stranding of a vessel, derailment
done or after the actual sexual or assault upon a railroad, fall of
intercourse was finished an airship, by means of motor
Ø Penalty of destierro for killer vehicles, or with the use of any
spouse is meant to protect him other means involving great
from acts of reprisal by relatives of waste and ruin;
dead spouse. d. On occasion of any of the
Ø No criminal liability when less calamities enumerated in the
serious or slight physical injuries preceding paragraph, or of an
are inflicted. earthquake, eruption of a volcano,
destructive cyclone, epidemic, or
1. People v. Puedan any other public calamity;
Evidence of the victim’s e. With evident premeditation;
promiscuity is inconsequential to the f. With cruelty, by deliberately and
killing. The offender must prove that inhumanly augmenting the
he actually surprised his wife and [her suffering of the victim, or
paramour] in flagrante delicto, and outraging or scoffing at his person
that he killed the man during or or corpse.
immediately thereafter.

IMPORTANT POINTS TO REMEMBER Intent to kill must be present for the use
REGARDING THIS ARTICLE: of fire to be appreciated as a qualifying
circumstance. Intending to make fun of a
Ø One attendant qualifying retard, Pugay poured gasoline on the
circumstance is enough. If there latter while Samson set him on fire. The
are more than one alleged in the retard died. There was no animosity
information for murder, only one between the two accused and the victim
will qualify the killing to murder such that it cannot be said that they
and the other circumstances will resort to fire to kill him. It was merely a
be taken as generic. part of their fun making but because
Ø Any of the qualifying their acts were felonious, they are
circumstances enumerated in Art. criminally liable.
248 must be alleged in the Ø POISON
information. o Treachery and evident
Ø When the other circumstances are premeditation are inherent
absorbed or included in one in murder by poison only if
qualifying circumstance, they the offender has the intent
cannot be considered as generic to kill the victim by use of
aggravating. poison.
Ø When the victim is already dead, Ø EVIDENT PREMEDITATION
intent to kill becomes irrelevant. o act of the offender
It is important only if the victim manifestly indicating that he
did not die to determine if the clung to his determination to
felony is physical injury or kill his victim
attempted or frustrated homicide. o Evident premeditation is
absorbed in price, reward or
Ø TREACHERY promise, if without the
o The essence of treachery is premeditation the inductor
that the offended party was would not have induced the
denied the chance to defend other to commit the act but
himself because of the not as regards the one
means, methods, form in induced.
executing the crime Ø CRUELTY
deliberately adopted by the o Under Article 14, the generic
offender and were not aggravating circumstance of
merely incidental to the cruelty requires that the
killing. victim be alive, when the
o Killing of a child of tender cruel wounds were inflicted
age is murder qualified by and, therefore, must be
treachery. evidence to that effect. Yet,
o Abuse of superior strength is in murder, aside from
inherent in and cruelty, any act that would
comprehended by the amount to scoffing or
circumstance of treachery or decrying the corpse of the
forms part of treachery. victim will qualify the killing
Ø FIRE to murder.
o When a person is killed by
fire, the primordial criminal
intent of the offender is 4. ARTICLE 249. HOMICIDE
considered. If the
primordial criminal intent of Elements:
the offender is to kill and 1. Person was killed;
fire was only used as a 2. Offender killed him without any
means to do so, the crime is justifying circumstances;
only murder. If the 3. Offender had the intention to kill,
primordial criminal intent of which is presumed;
the offender is to destroy 4. Killing was not attended by any of
property with the use of the qualifying circumstances of
pyrotechnics and murder, or by that of parricide or
incidentally, somebody infanticide
within the premises is killed,
the crime is arson with
homicide, a single indivisible
crime penalized under
Article 326, which is death
as a consequence of arson.
1. People v. Pugay and Samson


REGARDING THIS ARTICLE: 5. ARTICLE 251. DEATH CAUSED IN
TUMULTUOUS AFFRAY
Ø Use of unlicensed firearm is an
aggravating circumstance in Elements:
homicide. 1. There are several persons;
Ø In attempted or frustrated 2. They do not compose groups
homicide, there is intent to kill. In organized for the common
physical injuries, there is none. purpose of assaulting and
However, if as a result of the attacking each other
physical injuries inflicted, the reciprocally;
victim died, the crime will be 3. These several persons quarreled
homicide because the law punishes and assaulted one another in a
the result, and not the intent of the confused and tumultuous
act. manner;
Ø Physical injuries are one of the 4. Someone was killed in the
essential elements of frustrated course of the affray;
homicide. 5. It can not be ascertained who
Ø When several assailants not acting actually killed the deceased;
in conspiracy inflicted wounds on a 6. The person or persons who
victim but it cannot be determined inflicted serious physical injuries
who inflicted which would which or who used violence can be
caused the death of the victim, all identified.
are liable for the victim’s death.
Ø In accidental homicide wherein
death of a person is brought about
by a lawful act performed with
REGARDING THIS ARTICLE:
proper care and skill and without
homicidal intent, there is no
Ø Tumultuous affray is a commotion
liability.
in a confused manner to an extent
that it would not be possible to
1. People v. Castillo
identify who the killer is if death
There is no offense of frustrated
results, or who inflicted the serious
homicide through imprudence.
physical injury, but the person or
Accused pharmacist prepared the
persons who used violence are
medicine on prescription but
known.
erroneously used a highly poisonous
Ø If there is conspiracy, this crime is
substance. When taken by the patient,
not committed.
the latter nearly died. Accused is
Ø If nobody could still be traced to
guilty only of physical injuries through
have employed violence upon the
reckless imprudence. The element of
victim, nobody will answer. The
intent to kill in frustrated homicide is
crimes committed might be
incompatible with negligence or
disturbance of public order, or if
imprudence.
participants are armed, it could be
tumultuous disturbance, or if
ARTICLE 250. PENALTY FOR FRUSTRATED property was destroyed, it could be
PARRICIDE, MURDER OR HOMICIDE. malicious mischief.
Courts may impose a penalty:

a. 2 degrees lower for frustrated 6. PHYSICAL INJURIES CAUSED IN
parricide, murder, or homicide TUMULTUOUS AFFRAY (252)
b. 3 degrees lower for attempted
parricide, murder, or homicide Elements
1. There is a tumultuous affray;
2. A participant or some participants
thereof suffered serious physical
injuries or physical injuries of a
less serious nature only;
3. The person responsible thereof can
not be identified;
4. All those who appear to have used
violence upon the person of the
offended party are known.


REGARDING THIS ARTICLE: 8. ARTICLE 254. DISCHARGE OF
FIREARMS
Ø Physical injury should be serious
or less serious Elements:
Ø No crime of physical injuries 1. Offender discharges a
resulting from a tumultuous affray firearm against or at
if the physical injury is only slight. another person.
Slight physical injury is considered 2. Offender has no intention to
as inherent in a tumultuous affray. kill that person.

7. ARTICLE 253. GIVING ASSISTANCE REGARDING THIS ARTICLE:
TO SUICIDE
Ø No crime if firearm is not
Acts punished : discharged.
1. Assisting another to commit suicide, Ø It is essential for prosecution to
whether the suicide is consummated prove that the discharge of firearm
or not; was directed precisely against the
2. Lending his assistance to another to offended party.
commit suicide to the extent of doing Ø If there is intention to kill, it may
the killing himself. be classified as frustrated or
attempted parricide, murder, or
homicide.
Ø No intent to kill if the distance is
200 meters.
Ø There is a special complex crime of
REGARDING THIS ARTICLE:
illegal discharge of firearm with
serious or less serious physical
Ø Giving assistance to suicide means
injuries.
giving means (arms, poison, etc.)
or whatever manner of positive
and direct cooperation (intellectual 9. ARTICLE 255. INFANTICIDE
aid, suggestions regarding the
mode of committing suicide, etc.). Elements:
Ø If the person does the killing 1. A child was killed by the
himself, the penalty is similar to accused;
that of homicide, which is reclusion 2. The deceased child was less than
temporal. There can be no 3 days old.
qualifying circumstance because
the determination to die must
come from the victim. This does IMPORTANT POINTS TO REMEMBER
not contemplate euthanasia or REGARDING THIS ARTICLE:
mercy killing where the crime is
homicide (if without consent; with Ø If the offender is the parent and
consent, covered by Article 253). the victim is less than three days
Ø The person attempting to commit old, the crime is infanticide and not
suicide is not liable if he survives. parricide. The fact that the killing
Ø Euthanasia is not lending was done to conceal her dishonor
assistance to suicide. In will not mitigate the criminal
euthanasia, the victim is not in a liability anymore because
position to commit suicide. A concealment of dishonor in killing
doctor who resorts to euthanasia the child is not mitigating in
of his patient may be liable for parricide.
murder. Ø Only the mother and maternal
grandparents of the child are
entitled to the mitigating
circumstance of concealing the
dishonor.
Ø A stranger who cooperates in the
perpetration of infanticide
committed by the mother or
grandparent on the mother’s side,
is liable for infanticide, but he
must suffer the penalty prescribed
for murder.
Ø Concealment of dishonor is not an
element of infanticide. It merely
lowers the penalty. If the child is employment of adequate and

abandoned without any intent to sufficient means to make the
kill and death results as a pregnant woman abort.
consequence, the crime committed IMPORTANT POINTS TO REMEMBER
is not infanticide but abandonment REGARDING THIS ARTICLE:
under Article 276.
Ø Unintentional abortion requires
physical violence inflicted deliberately
10.ARTICLE 256. INTENTIONAL and voluntarily by a third person upon
ABORTION the pregnant woman.
Ø If the pregnant woman aborted
Elements: because of intimidation, the crime
1. There is a pregnant woman; committed is not unintentional
2. Violence is exerted, or drugs or abortion because there is no violence;
beverages administered, or that the the crime committed is light threats.
accused otherwise acts upon such Ø If the pregnant woman was killed by
pregnant woman; violence by her husband, the crime
3. As a result of the use of violence or committed is the complex crime of
drugs or beverages upon her, or parricide with unlawful abortion.
any other act of the accused, the Ø Unintentional abortion may be
fetus dies, either in the womb or committed through negligence as it is
after having been expelled enough that the use of violence be
therefrom; voluntary.
4. The abortion is intended. Ø If the act of violence is not felonious,
that is, act of self-defense, and there
IMPORTANT POINTS TO REMEMBER is no knowledge of the woman’s
REGARDING THIS ARTICLE: pregnancy, there is no liability. If the
Ways of committing intentional abortion act of violence is not felonious, but
1. Using any violence upon the there is knowledge of the woman’s
person of the pregnant woman; pregnancy, the offender is liable for
2. Acting, but without using violence, unintentional abortion.
without the consent of the woman.
(By administering drugs or 1. People v. Jose
beverages upon such pregnant Jose is declared guilty of the crime of
woman without her consent.) unintentional abortion through reckless
3. Acting (by administering drugs or imprudence for having bumped a calesa
beverages), with the consent of which resulted a pregnant woman to
the pregnant woman. bump her abdomen against the wall of
ABORTION v INFANTICIDE the calesa and eventually led to an
ABORTION INFANTICIDE abortion.
Fetus could not Fetus could sustain
sustain an independent life 2. People v. Salufrania
independent life. after separation Mere boxing of the stomach taken
No legal viability. from the mother’s together with the immediate strangling
womb. of the victim in a fight, is not sufficient
Ø If the mother as a consequence of proof to show an intent to cause
abortion suffers death or physical abortion. The accused must have merely
injuries, you have a complex crime intended to kill the victim but not
of murder or physical injuries and necessarily to cause abortion. The
abortion. accused is liable for complex crime of
Ø In intentional abortion, the parricide with unintentional abortion for
offender must know of the it was merely incidental to the killing.
pregnancy because the particular
criminal intention is to cause an 3. People v. Carnaso
abortion. For the crime of abortion, even
Ø If the woman turns out not to be unintentional, to be held committed, the
pregnant and someone performs accused must have known of the
an abortion upon her, he is liable pregnancy.
for an impossible crime if the
woman suffers no physical injury.
If she does, the crime will be
homicide, serious physical injuries,
etc.
Ø Frustrated abortion is committed if
the fetus that is expelled is viable
and, therefore, not dead as
abortion did not result despite the

11. ARTICLE 257. UNINTENTIONAL
ABORTION
Elements:
1. There is a pregnant woman;
accomplice in the crime of
2. Violence is used upon such
abortion.
pregnant woman without intending
an abortion;
3. The violence is intentionally 14. ARTICLE 260. RESPONSIBILITY
exerted; OF PARTICIPANTS IN A DUEL
4. Result of violence – fetus dies,
either in the womb or expelled Acts punished
therefrom 1. Killing one’s adversary in a duel;
2. Inflicting upon such adversary
IMPORTANT POINTS TO REMEMBER physical injuries;
REGARDING THIS ARTICLE: 3. Making a combat although no
physical injuries have been
Ø If the purpose of abortion is to inflicted.
conceal dishonor, mitigation
applies only to pregnant woman
and not to parents of pregnant Persons liable
woman, unlike in infanticide.
Ø If the purpose of parents is not to 1. The person who killed or inflicted
conceal dishonor, the crime is physical injuries upon his adversary,
intentional abortion. or both combatants in any other case,
as principals.
2. The seconds, as accomplices.
12. ARTICLE 258. ABORTION PRACTICED IMPORTANT POINTS TO REMEMBER
BY THE WOMAN HERSELF OR BY PARENTS REGARDING THIS ARTICLE:
Elements:
Ø Duel is a formal or regular combat
1. There is a pregnant woman who has
suffered an abortion;
previously consented to by two
2. Abortion is intended; parties in the presence of two or
3. Abortion is caused by – more seconds of lawful age on
a. The pregnant woman herself; each side, who make the selection
b. Any other person, with her consent; of arms and fix all the other
or conditions of the fight to settle
c. Any of her parents, with her some antecedent quarrel.
consent for the purpose of Ø There is no such crime nowadays
concealing her dishonor.
because people hit each other even
without entering into any pre-
conceived agreement. This is an
13. ARTICLE 259. ABORTION BY A obsolete provision.
PHYSICIAN OR MIDWIFE AND DISPENSING Ø If these are not the conditions of
OF ABORTIVES the fight, it is not a duel in the
sense contemplated in the Revised
Elements Penal Code. It will be a quarrel
1. There is a pregnant woman who and anyone who killed the other
has suffered an abortion; will be liable for homicide or
2. The abortion is intended; murder, as the case may be.
3. Offender, who must be a
physician or midwife, caused or
assisted in causing the abortion; 15. ARTICLE 261. CHALLENGING TO A DUEL
4. Said physician or midwife took
advantage of his or her scientific Acts punished:
knowledge or skill. 1. Challenging another to a duel;
2. Inciting another to give or accept a
challenge to a duel;
3. Scoffing at or decrying another
IMPORTANT POINTS TO REMEMBER publicly for having refused to accept
REGARDING THIS ARTICLE: a challenge to fight a duel.
Ø If the abortion is produced by a

Persons responsible under Art. 261 are:
physician to save the life of the
1. Challenger
mother, there is no liability.
2. Instigators
Ø Article punishes a pharmacist who
merely dispenses with an abortive
1. People v. Tacomoy
without the proper prescription of
If one challenges another to a duel by
a physician. If pharmacist knew
shouting “Come down, Olympia, let us
that the abortive would be use for
measure your prowess. We will see
abortion, her would be liable as an
whose intestines will come out. You are a
coward if you do not come down”, the

crime of challenging to a duel is not 17.ARTICLE 263. SERIOUS PHYSICAL
committed. What is committed is the INJURIES
crime of light threats under Article 285,
paragraph 1 of the Revised Penal Code. How committed:
1. By wounding;
B. Physical Injuries 2. By beating;
3. By assaulting; or
16. ARTICLE 262. MUTILATION 4. By administering injurious
substance. ( Art. 264 )
Acts punished:
1. Intentionally mutilating another Levels of Penalty:
by depriving him, either totally or When the injured person, in
partially, of some essential organ consequence of the physical injuries
for reproduction; inflicted, …
Elements:
a. There be a castration, that is, 1. … becomes insane, imbecile,
mutilation of organs necessary impotent or blind
for generation, such as the 2. a. …loses the use of speech
penis or ovarium; or the power to hear or to smell,
b. The mutilation is caused or loses an eye, a hand, afoot,
purposely and deliberately an arm, or a leg;
b. …loses the use of any such
2. Intentionally making other member; or
mutilation, that is, by lopping or c. …becomes incapacitated for the
clipping off any part of the body of work in which he was theretofore
the offended party, other than the habitually engaged, in
essential organ for reproduction, consequence of the physical
to deprive him of that part of his injuries inflicted;
body. 3. a. …becomes deformed; or
b. …loses any other member of his
body;
c. …loses the use thereof; or
Ø Intent to mutilate must be d. …becomes ill or incapacitated for
the performance of the work in
established. If there is no intent,
which he was habitually engaged
the crime is only serious physical for more than 90 days in
injury. consequence of the physical
injuries inflicted;
4. …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.
18.ARTICLE 264. ADMINISTERING

INJURIOUS SUBSTANCES OR
BEVERAGES
Elements:
1. Offender inflicted upon another
any serious physical injury;
2. It was done by knowingly
administering to him any injurious
substance or beverages or by
taking advantage of his weakness
of mind or credulity;
3. He had no intent to kill.
Physical Injuries vs. Attempted or

Frustrated homicide
Physical Attempted or
Injuries Frustrated homicide
The offender Attempted homicide

inflicts physical may be committed,
injuries. even if no physical
injuries are inflicted. admission into membership in a

Offender has The offender has an fraternity or sorority or any
no intent to kill intent to kill the organization which places the neophyte
the offended offended party. or applicant in some embarrassing or
party humiliating situations or otherwise
subjecting him to physical or
Ø The reason why there is no attempted or psychological suffering of injury. These
frustrated physical injuries is because do not include any physical, mental,
the crime of physical injuries is psychological testing and training
determined on the gravity of the injury. procedure and practice to determine
It is a crime of result. As long as the and enhance the physical and
injury is not there, there can be no psychological fitness of the prospective
attempted or frustrated stage thereof. regular members of the below.
Ø Organizations include any club or AFP,
Classification of physical injuries: PNP, PMA or officer or cadet corps of
the CMT or CAT.
(1)Between less serious physical injuries
and serious physical injuries, you do Ø Section 2 requires a written notice to
not consider the period of medical school authorities from the head of the
treatment. You only consider the organization seven days prior to the
period when the offended party is rites and should not exceed three days
rendered incapacitated for labor. in duration.
Ø Section 3 requires supervision by head
(2)When the injury created a deformity of the school or the organization of the
upon the offended party, you rites.
disregard the healing duration or the
period of medical treatment Ø Section 4 qualifies the crime if rape,
involved. At once, it is considered sodomy or mutilation results therefrom,
serious physical injuries. if the person becomes insane, an
imbecile, or impotent or blind because
Deformity requires the concurrence of such, if the person loses the use of
of the following conditions: speech or the power to hear or smell or
(1)The injury must produce an eye, a foot, an arm or a leg, or the
ugliness; use of any such member or any of the
(2)It must be visible; serious physical injuries or the less
(3)The ugliness will not disappear serious physical injuries. Also if the
through natural healing victim is below 12, or becomes
process. incapacitated for the work he habitually
engages in for 30, 10, 1-9 days.
Illustration: Ø It holds the parents, school authorities
Loss of molar tooth – This is not who consented or who had actual
deformity as it is not visible. knowledge if they did nothing to
Loss of permanent front tooth – prevent it, officers and members who
This is deformity as it is visible and planned, knowingly cooperated or were
permanent. present, present alumni of the
Loss of milk front tooth – This is organization, owner of the place where
not deformity as it is visible but such occurred liable. This makes
will be naturally replaced. presence a prima facie presumption of
guilt for such.
Ø Serious physical injuries is punished
with higher penalties in the following
cases:
(1) If it is
committed against any of the
persons referred to in the crime of
parricide under Article 246;
(2) If any of the
circumstances qualifying murder
attended its commission.
REPUBLIC ACT NO. 8049

THE ANTI-HAZING LAW
Ø Hazing -- This is any initiation rite or

practice which is a prerequisite for
days, but if the offended party is still

19. ARTICLE 265. LESS SERIOUS PHYSICAL incapacitated for labor beyond nine
INJURIES days, the physical injuries are already
considered less serious physical
Elements:
injuries.
1. Offended party is incapacitated for
labor for 10 days or more (but not Ø Where there is no evidence of actual
more than 30 days), or needs medical injury, it is only slight physical
attendance for the same period of time;
injuries. In the absence of proof as to
2. The physical injuries must not be those
the period of the offended party’s
described in the preceding articles.
incapacity for labor or of the required
Qualified as to penalty medical attendance, the crime
1. A fine not exceeding P 500.00, in committed is slight physical injuries.
addition to arresto mayor, when
a. There is a manifest intent to insult REPUBLIC ACT NO. 7610
or offend the injured person; or SPECIAL PROTECTION OF CHILDREN
b. There are circumstances adding AGAINST CHILD ABUSE, EXPLOITATION
ignominy to the offense. AND DISCRIMINATION ACT
2. A higher penalty is imposed when the
victim is either – (IN RELATION TO MURDER,
a. The offender’s parents, ascendants, MUTILATION OR INJURIES TO A CHILD)
guardians, curators or teachers; or
b. Persons of rank or person in
authority, provided the crime is not Ø The last paragraph of Article VI of
direct assault. Republic Act No. 7610, provides:
“For purposes of this Act, the penalty

for the commission of acts punishable
20. ARTICLE 266. SLIGHT PHYSICAL under Articles 248, 249, 262 (2) and
INJURIES AND MALTREATMENT 263 (1) of Act No 3815, as amended
of the Revised Penal Code for the
Acts punished crimes of murder, homicide, other
1. Physical injuries incapacitated the
intentional mutilation, and serious
offended party for labor from one to
nine days, or required medical
physical injuries, respectively, shall
attendance during the same period; be reclusion perpetua when the victim
2. PHYSICAL INJURIES WHICH DID NOT is under twelve years of age.”
PREVENT THE OFFENDED PARTY FROM
ENGAGING IN HIS HABITUAL WORK OR Ø The reference to Article 249 of the
WHICH DID NOT REQUIRE MEDICAL Code which defines and penalizes the
ATTENDANCE; crime of homicide were the victim is
3. Ill-treatment of another by deed under 12 years old is an error. Killing
without causing any injury.
a child under 12 is murder, not
homicide, because the victim is under
no position to defend himself as held
Ø This involves even ill-treatment where in the case of People v. Ganohon, 196
there is no sign of injury requiring SCRA 431.
medical treatment.
For murder, the penalty provided by
Ø Slapping the offended party is a form
the Code, as amended by Republic Act
of ill-treatment which is a form of
No. 7659, is reclusion perpetua to
slight physical injuries.
death – higher than what Republic Act
Ø But if the slapping is done to cast no. 7610 provides. Accordingly,
dishonor upon the person slapped, or insofar as the crime is murder, Article
to humiliate or embarrass the 248 of the Code, as amended, shall
offended party out of a quarrel or govern even if the victim was under
anger, the crime is slander by deed. 12 years of age. It is only in respect
of the crimes of intentional mutilation
Ø Between slight physical injuries and
in paragraph 2 of Article 262 and of
less serious physical injuries, not only
serious physical injuries in paragraph
the healing duration of the injury will
1 of Article 263 of the Code that the
be considered but also the medical
quoted provision of Republic Act No.
attendance required to treat the
7160 may be applied for the higher
injury. So the healing duration may
penalty when the victim is under 12
be one to nine days, but if the medical
years old.
treatment continues beyond nine
days, the physical injuries would
already qualify as less serious
physical injuries. The medical
treatment may have lasted for nine

Rape instrument on anal orifice of male,

she or he can be liable for rape.
RA 8353 Ø Inserting a finger inside the
AN ACT EXPANDING THE DEFINITION OF genital of a woman is rape through
THE CRIME OF RAPE, RECLASSIFYING sexual assault within the context
THE SAME AS A CRIME AGAINST of ‘object’.
PERSONS
Penalties
Traditional Rape Sexual Assault
ARTICLE 266-A. Rape In general: In general: Prision
Reclusion perpetua mayor
Elements of rape through sexual A. Committed: 1) with the use of a deadly
intercourse without consent of the weapon; or 2) by 2 or more persons
woman: (Traditional Rape) Reclusion perpetua Prision mayor to
4) Offender is a man;
to death reclusion temporal
5) Offender had carnal knowledge of a
woman; B. Victim becomes insane by reason or on
6) Such act is accomplished under any the occasion of rape
of the following circumstances: Reclusion perpetua Reclusion temporal
iv. By using force, threat or to death
intimidation; C. Rape is attempted & homicide is
v. When the woman is deprived of committed by reason or on the occasion
reason or is otherwise thereof
unconscious;
Reclusion perpetua Reclusion temporal
vi. By means of fraudulent
machination or grave abuse of to death to reclusion
authority; perpetua
vii. When the woman is under 12 D. Rape is consummated & homicide is
years of age (Statutory Rape) or committed by reason or on the occasion
is demented. thereof (a special complex crime)
Death Reclusion perpetua
Elements of rape through Sexual
E. Committed with any of the ff.
Assault:
aggravating circumstances:
1) Offender commits an act of sexual
assault;
2) The act of sexual assault is 1) On the VICTIM:
committed by any of the following
means: i. victim is under 18 yrs. old, & the
i. By inserting his penis into offender is a parent, ascendant,
another person's mouth or anal step-parent, guardian, relative by
orifice; or consanguinity or affinity w/in the
ii. By inserting any instrument or
3rd civil degree, or the common law
object into the genital or anal
orifice of another person;
spouse of the parent of the victim
3) The act of sexual assault is ii. victim is under the custody of the
accomplished under any of the police / military authorities / law
following circumstances: enforcement agency
i. By using force or intimidation; or iii. victim is a religious and such
ii. When the woman is deprived of legitimate vocation is known by the
reason or otherwise offender before or at the time of
unconscious; or rape
iii. By means of fraudulent
iv. victim is a child below 7 yrs. old
machination or grave abuse of
v. victim suffered permanent or
authority; or
ix. When the woman is under 12 physical mutilation or disability by
years of age or demented. reason or on the occasion of rape
2) On the OFFENDER:
REGARDING THIS ARTICLE: vi. Offender is afflicted with a sexually
transmissible disease & the virus /
Classification of rape disease is transmitted to the victim
vii. Offender is a member of the AFP /
1) Traditional Rape PNP / any law enforcement agency
Ø Offended party is always a woman / penal institution, & took
Ø Offender is always a man. advantage of his position
viii. Offender knew
2) Sexual assault of the pregnancy of the offended
party at the time of the commission
Ø Rape can now be committed by a of rape
man or a woman, that is, if a ix. Offender knew of the mental
woman or a man uses an disability, emotional disorder, & /
or physical handicap of the offended HELD: For rape to be consummated, a

party at the time of the commission slight brush or scrape of the penis on the
of rape external layer of the vagina will not
suffice. Mere touching of the external
3) On 3RD PERSONS: layer of the vagina is not the same as
x. Rape is committed in full view of the of ‘slightest penetration’. Accused is only
the spouse, parent, any of the children, liable for ATTEMPTED RAPE.
or other relatives w/in the 3rd civil
degree of consanguinity Ø Conviction does not require a medico-
Death Reclusion legal finding of any penetration on the
Temporal part of the woman.
Ø Force employed against the victim of
Old rape law distinguished from RA 8353 the rape need not be of such character
Old Rape Law New Rape Law as could be resisted.
Crime against Crime against Ø When the offender has an ascendancy
chastity persons or influence over the girl, it is not
May be committed Under the 2nd type, necessary that she put up a
by a man against a sexual assault may determined resistance.
woman only be committed by Ø A rape victim does not have the
ANY PERSON burden of proving resistance.
PRIVATE CRIME – May be prosecuted Ø Rape by means of fraudulent
Complaint must be even if the woman machinations and grave abuse of
filed by the woman does not file a authority absorbs the crime of
or her parents, complaint qualified and simple seduction.
grandparents or Ø Statutory rape is consummated when
guardian if the the victim is below 12 yrs. old.
woman was a Victim’s consent is immaterial.
minor or Ø Offender’s knowledge of the victim’s
incapacitated age is immaterial in statutory rape.
Marriage of the Marriage Ø Carnal knowledge of a child below 12
victim w/ one of extinguishes the yrs. old even if she is engaged in
the offenders penal action only as prostitution is still considered
benefits not only to the principal statutory rape.
the principal but (the person who
also the married the 3. People v. Atento
accomplices and victim), and cannot A 16-year old mental retardate, who has
accessories be extended to co- the intellectual capacity of a 9 and 12
principals in case of year old, was repeatedly raped by the
MULTIPLE RAPE accused.
Marital rape NOT Marital rape HELD: The accused was found guilty of
recognized recognized raping a woman deprived of reason or
otherwise unconscious, and was also
Ø Complete penetration is NOT held liable for rape under the Par. that
pertains to a victim under 12
necessary. The slightest penetration—
notwithstanding the victim’s actual age.
contact with the labia—will
consummate the rape. Age requirement was amended to refer
to mental age.
1. People v. Orita
Ø Incestuous rape refers to rape
A soldier raped a 19-year old student by
poking a knife on her neck. Only a committed by an ascendant of the
offended woman.
portion of his penis entered her vagina
because the victim kept on struggling
until she was able to escape. The accused o If the offender is NOT known
to the woman, it is necessary
was convicted of frustrated rape.
that there be evidence of
HELD: There is NO crime of FRUSTRATED
affirmative resistance put up
RAPE because in rape, from the moment
the offender has carnal knowledge of the by the offended woman. A
mere “no, no” is not enough if
victim, he actually attains his purpose, all
the offender is a stranger.
the essential elements of the offense
have been accomplished. o If the rape is incestuous,
uttering a mere “no, no” is
enough.
2. People v. Campuhan
The accused had his pants down and was
on top of the 4-year old child when the 4. People v. Gallo
Gallo was found guilty of the crime of
child’s mother arrived. Medical findings
qualified rape with the penalty of death.
showed no signs of genital injury and the
The information filed against him does
victim’s hymen was intact.
not allege his relationship with the

victim, his daughter, thus, it CANNOT be
considered as a qualifying circumstance.
HELD: Special qualifying circumstances
have to be alleged in the information for
it to be appreciated. The case was
reopened and the judgment is modified
from death to reclusion perpetua.
5. People v. Berana
A 14-year old was raped by her brother-
in-law.
HELD: To effectively prosecute the
accused for the crime of rape committed
by a relative by affinity w/in the 3rd civil
degree, it must be established that:
1) the accused is legally married to
the victim’s sister; and
2) the victim and the accused’s wife
are full or half-blood siblings.
Since relationship qualifies the crime of
rape, there must be clearer proof of
relationship and in this case, it was not
adequately substantiated.
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
Ø Rape shield rule: Character of the

offended woman is immaterial in rape.
Ø An accused may be convicted of rape
on the sole testimony of the offended
woman.
Ø When several persons conspired to
rape a single victim, each shall be
liable for the rape committed
personally by him, as well as those
committed by the others.
Ø An accused may be considered a
principal by direct participation, by
inducement, or by indispensable
cooperation. This is true in a charge of
rape against a woman, provided, a
man is charged together with her.
Effect of Pardon
Ø Subsequent valid marriage

between the offender and the
offended party shall extinguish the
criminal action or the penalty
imposed.
Ø When the legal husband is the
offender, the subsequent
forgiveness by the wife as the
offended party shall extinguish the
criminal action or the penalty,
provided that their marriage is
NOT VOID ab initio.

IX. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY CRIMINAL LAW II
TITLE IX: CRIMES AGAINST PERSONAL A. Crimes Against Liberty

LIBERTY AND SECURITY
1. Kidnapping and Serious Illegal
CRIMES AGAINST LIBERTY Detention
1. Kidnapping and serious illegal
detention (Art. 267); ARTICLE 267. KIDNAPPING AND
2. Slight illegal detention (Art. 268); SERIOUS ILLEGAL DETENTION
3. Unlawful arrest (Art. 269);
4. Kidnapping and failure to return a
minor (Art. 270); Elements
5. Inducing a minor to abandon his 1. Offender is a private
home (Art. 271); individual;
6. Slavery (Art. 272); 2. He kidnaps or detains
7. Exploitation of child labor (Art. 273); another, or in any other
8. Services rendered under compulsion manner deprives the latter
in payment of debts (Art. 274). of his liberty;
3. The act of detention or
kidnapping must be illegal;
CRIMES AGAINST SECURITY
4. In the commission of the
1. Abandonment of persons in danger
offense, any of the following
and abandonment of one's own victim
circumstances is present:
(Art. 275);
2. Abandoning a minor (Art. 276);
a. The kidnapping lasts for
3. Abandonment of minor by person
more than 3 days;
entrusted with his custody;
b. it is committed simulating
indifference of parents (Art. 277);
public authority;
4. Exploitation of minors (Art. 278);
5. Trespass to dwelling (Art. 280); c. Any serious physical injuries
6. Other forms of trespass (Art. 281); are inflicted upon the person
7. Grave threats (Art. 282); kidnapped or detained or
8. Light threats (Art. 283); threats to kill him are made;
9. Other light threats (Art. 285); or
10.Grave coercions (Art. 286); d. The person kidnapped or
11.Light coercions (Art. 287); detained is a minor, female,
12.Other similar coercions (Art. 288); or a public officer.
13.Formation, maintenance and
prohibition of combination of capital
or labor through violence or threats
(Art. 289); IMPORTANT POINTS TO REMEMBER
14.Discovering secrets through seizure of ABOUT THIS ARTICLE:
correspondence (Art. 290);
15.Revealing secrets with abuse of office Ø Qualifying Circumstances:
(Art. 291); 1. Purpose is to extort ransom.
16. Revealing of industrial secrets (Art. 2. When the victim is killed or dies
292). as a consequence of the
detention.
3. When the victim is raped.
4. When victim is subjected to
torture of dehumanizing acts.
Ø The offenders here are private

individuals or public officers acting in
their private capacity. If they are
public officers, they are covered by
the crimes under Title 2.
Ø When a public officer conspires with a

private person in the commission of
any of the crimes under Title IX, the
crime is also one committed under
this title and not under Title II.
Ø The purpose is immaterial when any

of the circumstances in the first
paragraph of Art. 267 is present.
Ø Essential element: deprivation of

liberty.
Ø Definition of ransom: It is the money, cannot be inferred that the latter’s

price or consideration paid or purpose was to actually detain or
demanded for redemption of a deprive the victim of his liberty,
captured person or persons, a the subsequent killing of the victim
payment that releases a person from did not constitute the crime of
captivity. kidnapping.
• The demand for ransom did not
Ø When the kidnapping was done to convert the crime into kidnapping,
extort ransom, it is not necessary that since no deprivation of liberty was
one or any of circumstances involved.
enumerated be present.
2. People v Luartes (1999)
Ø Actual demand for ransom not • The essence of kidnapping is the
necessary, as long as it can be proven actual deprivation of the victim’s
that the kidnapping was done for the liberty coupled with the intent of
purpose of extorting money. the accused to effect it.
Ø Essential: There be actual 3. People v Pavillare (2000)

confinement or restriction of the • The duration of the detention even
person of the offended party. It is not if only for a few hours does not
necessary that the victim be placed in alter the nature of the crime
an enclosure, as long as he is committed.
deprived, in any manner, of his
liberty. 4. People v. Tomio
• Physical detention is not
Ø When detention is illegal: It is not necessary. It is enough that the
ordered by competent authority nor victim is under the complete
permitted by law. control of the perpetrators as in
this case when the Japanese victim
Ø Special complex crime of Kidnapping had to rely on his abductors for
with Murder: When the victim dies or survival after he was tricked into
is killed as a consequence of the believing that the police was after
detention. him.
• It was also held in this case that
Ø Forcible abduction: If a woman is keeping a person as a collateral for
transported from one place to another payment of an obligation is
by virtue of restraining her of her kidnapping.
liberty, and that act is coupled with
lewd designs.
Article 267 has been modified by
Ø Serious illegal detention: If a woman Republic Act No. 7659 in the following
is transported just to restrain her of respects:
her liberty. There is no lewd design or
lewd intent. (1) Illegal detention becomes serious
when it shall have lasted for more
Ø Grave coercion: If a woman is carried than three days, instead of five
away just to break her will, to compel days as originally provided;
her to agree to the demand or request
by the offender. (2) In paragraph 4, if the person
kidnapped or detained was a minor
Difference Between Illegal Detention and and the offender was anyone of
Arbitrary Detention the parents, the latter has been
Illegal Detention Arbitrary Detention expressly excluded from the
Committed by a Committed by provision. The liability of the
private individual public officer or parent is provided for in the last
who unlawfully employee who paragraph of Article 271;
deprives a person detains a person
of his liberty without legal (3) A paragraph was added to Article
ground 267, which states:
Crime against Crime against the
personal liberty fundamental laws When the victim is killed or
of the State dies as a consequence of
the detention or is raped,
1. People v Padica (1993) or is subjected to torture,
or dehumanizing acts, the
• Where the evident purpose of
maximum penalty shall be
taking the victim was to kill him,
imposed.
and from the acts of the accused it
Ø The amendment introduced in our ARTICLE 269. UNLAWFUL ARREST

criminal statutes the concept of
"special complex crime" of kidnapping Elements
with murder or homicide. 1. Offender arrests or detains
another person;
Ø It eliminated the distinction drawn by 2. The purpose of the offender is
the courts between those cases where to deliver him to the proper
the killing of the kidnapped victim authorities;
was purposely sought by the accused, 3. The arrest or detention is not
and those where the killing of the authorized by law or there is no
victim was not deliberately resorted reasonable ground therefor.
to but was merely an afterthought.

ARTICLE 268. SLIGHT ILLEGAL ABOUT THIS ARTICLE:
DETENTION
Ø This felony consists in making an
Elements arrest or detention without legal or
1. Offender is a private individual; reasonable ground for the purpose of
2. He kidnaps or detains another, delivering the offended party to the
or in any other manner proper authorities.
deprives him of his liberty.
3. The act of kidnapping or Ø Generally, this crime is committed by
detention is illegal; incriminating innocent persons by the
4. The crime is committed offender’s planting evidence to justify
without the attendance of any the arrest – a complex crime results,
of the circumstances that is, unlawful arrest through
enumerated in Article 267. incriminatory machinations under
Article 363.
2. Slight Illegal Detention Ø If the arrest is made without a

warrant and under circumstances not
IMPORTANT POINTS TO REMEMBER allowing a warrantless arrest, the
ABOUT THIS ARTICLE: crime would be unlawful arrest.
Ø This felony is committed if any of the Ø If the person arrested is not delivered
five circumstances in the commission to the authorities, the private
of kidnapping or detention individual making the arrest incurs
enumerated in Article 267 is not criminal liability for illegal detention
present. under Article 267 or 268.
Ø The penalty is lowered if: Ø If the offender is a public officer, the

(1)The offended party is voluntarily crime is arbitrary detention under
released within three days from the Article 124.
start of illegal detention;
(2)Without attaining the purpose; Ø If the detention or arrest is for a legal
(3)Before the institution of the ground, but the public officer delays
criminal action. delivery of the person arrested to the
proper judicial authorities, then
Ø The prevailing rule now is Asistio v. Article 125 will apply.
Judge, which provides that voluntary
release will only mitigate criminal Ø Note: This felony may also be
liability if crime was slight illegal committed by public officers.
detention. If serious, it has no effect.
Difference Between Unlawful Arrest and
Ø The liability of one who furnishes the Delay in the Delivery of Detained Persons
place where the offended party is
being held captive is that of a DELAY IN THE UNLAWFUL
principal and not of an accomplice. DELIVERY OF ARREST (Art.
DETAINED 269)
3. Unlawful Arrest PERSONS (Art. 125)
Detention is for Detention is
some legal ground not
authorized by
law
Crime is committed Committed by 5. Inducing a Minor to Abandon his Home

by failing to deliver making an
such person to the arrest not
proper judicial authorized by ARTICLE 271. INDUCING A MINOR
authority within a law TO ABANDON HIS HOME
certain period
Elements
1. A minor (whether over or under
4. Kidnapping and Failure to Return a seven years of age) is living in
Minor the home of his parents or
guardians or the person
entrusted with his custody;
KIDNAPPING AND FAILURE TO 2. Offender induces said minor to
RETURN A MINOR (270) abandon such home.
Elements
1. Offender is entrusted with the IMPORTANT POINTS TO REMEMBER:
custody of a minor person
(whether over or under seven Ø Inducement must be (a) actual, and
years but less than 18 years of (b) committed with criminal intent
age);
2. He deliberately fails to restore Ø The minor should not leave his home
the said minor to his parents or of his own free will. What constitutes
guardians. the crime is the act of inducing a
minor to abandon his home of his
guardian, and it is not necessary that
the minor actually abandons the
IMPORTANT POINTS TO REMEMBER home.
ABOUT THIS ARTICLE:
Ø Father or mother may commit the
Ø If any of the foregoing elements is crimes in Art. 170 and 171 where they
absent, the kidnapping of the minor are living separately and the custody
will then fall under Article 267. of the minor children is given to one
of them.
Ø The essential element which qualifies
the crime of kidnapping a minor under 6. Slavery
Art. 270 is that the offender is ARTICLE 272. SLAVERY
entrusted with the custody of the
minor. Elements
Ø If the accused is any of the parents, 1. Offender purchases, sells,
Article 267 does not apply; Articles kidnaps or detains a human
270 and 271 apply. being;
2. The purpose of the offender is
Ø If the taking is with the consent of the to enslave such human being.
parents, the crime in Article 270 is
committed.
1. People v. Generosa ABOUT THIS ARTICLE:
• The deliberate failure to return a
minor under one’s custody Ø This is committed if anyone shall
constitutes deprivation of liberty. purchase, kidnap, or detain a human
• Kidnapping and failure to return a being for the purpose of enslaving
minor is necessarily included in him.
kidnapping and serious illegal
detention of a minor under Article Ø The penalty is increased if the
267(4). purpose of the offender is to assign
the offended party to some immoral
2. People v. Mendoza traffic.
• Where a minor child was taken by
the accused without the Ø If the purpose of the kidnapping or
knowledge and consent of his detention is to enslave the offended
parents, the crime is kidnapping party, slavery is committed.
and serious illegal detention under
Article 267, not kidnapping and Ø The crime is slavery if the offender is
failure to return a minor under not engaged in the business of
Article 270. prostitution. If he is, the crime is
white slave trade under Article 341.

acts that promote, facilitate or

Ø The employment or custody of a minor otherwise assist in the commission
with the consent of the parent or of the acts enumerated in Sec. 4.
guardian although against the child’s
own will cannot be considered Ø Under Sec. 6, trafficking is qualified
involuntary servitude. when:
Ø But where is proven that the 1. the trafficked person is a child;

defendant was obliged to render
service in plaintiff’s house as a 2. the inter-country adoption is effected
servant without remuneration for purposes of prostitution,
whatever and to remain there so long pornography, sexual exploitation,
as she has not paid her debt, there is forced labor, slavery, involuntary
slavery. servitude and debt bondage;
RA 9208: ANTI-TRAFFICKING OF 3. trafficking is committed by a

PERSONS ACT OF 2003 syndicate (large-scale);
Ø Sec. 4 enumerates the following as 4. offender is an ascendant, parent,

unlawful: sibling, guardian or otherwise
exercises authority over the trafficked
1. recruiting, transporting, harboring, person or a public officer or employee;
transferring, providing or receiving
persons, even under the pretext of 5. trafficking is made for purposes of
overseas employment, for purposes of engaging in prostitution with law
prostitution, pornography, sexual enforcement/military agencies;
exploitation, forced labor, slavery,
involuntary servitude and debt 6. offender is a member of law
bondage; enforcement/military agencies;
2. facilitating, for profit or consideration, 7. by reason of trafficking, the victim

introductions or mail-order bride dies, becomes insane, suffers
schemes between Filipinas and mutilation or is infected with HIV
foreigners for purposes of virus/ AIDS.
prostitution, pornography, sexual
exploitation, forced labor, slavery, 8. Exploitation of Child Labor
involuntary servitude and debt
bondage;
ARTICLE 273. EXPLOITATION OF
CHILD LABOR
3. offering and contracting marriages for
purposes of prostitution,
Elements
pornography, sexual exploitation,
1. Offender retains a minor in his
forced labor, slavery, involuntary
services;
servitude and debt bondage;
2. It is against the will of the
minor;
4. organizing “sex” tours and similar
3. It is under the pretext of
travel packages;
reimbursing himself of a debt
incurred by an ascendant,
5. hiring persons for purposes of
guardian or person entrusted
prostitution or pornography;
6. adopting children for purposes of IMPORTANT POINT TO REMEMBER ABOUT

prostitution, pornography, sexual THIS ARTICLE:
exploitation, forced labor, slavery,
involuntary servitude and debt Ø The existence of an indebtedness
bondage; constitutes no legal justification for
holding a person and depriving him of
7. engaging in illegal trade of body his freedom to live where he wills.
organs, incl. Abducting and forcing
persons to sell/donate 8. Services Rendered Under Compulsion
organs/tissues. in Payment of Debt
8. adopting/recruiting child soldiers for

armed conflict
Ø Sec. 5 also penalizes

ARTICLE 274. SERVICES ARTICLE 275. ABANDONMENT OF

RENDERED UNDER COMPULSION PERSONS IN DANGER AND
IN PAYMENT OF DEBT ABANDONMENT OF OWN VICTIM
Elements: Acts punished

1. Offender compels a debtor 1. Failing to render assistance to
to work for him, either as a any person whom the offender
household servant or farm finds in an uninhabited place,
laborer; wounded or in danger of dying
2. It is against the debtor’s when he can render such
will; assistance without detriment to
3. The purpose is to require or himself, unless such omission
enforce the payment of a shall constitute a more serious
debt offense.
Elements
RA 9231: ANTI-CHILD LABOR ACT a. The place is not inhabited;
OF 2003 b. Accused found there a person
wounded or in danger of
RA 9231 amended RA 7160 by imposing dying;
heavier penalties on parents, c. Accused can render
guardians and employers of children assistance without detriment
18 yrs. and below who commit any of to himself;
the following acts: d. Accused fails to render
assistance.
5. Making the child work beyond the
maximum no. of working hours 2. Failing to help or render
provided by said law; assistance to another whom the
offender has accidentally
6. Misappropriating the earnings of the wounded or injured;
child and/or failure to set up a trust
fund for the latter and render a semi- 3. By failing to deliver a child,
annual accounting of such; under seven years of age,
whom the offender has found
abandoned, to the authorities
1. Using, procuring or offering the child or to his family, or by failing to
for purposes of prostitution or take him to a safe place.
pornographic activities;
2. Using, procuring or offering the child

for illicit activities, such as trafficking
of drugs and other illegal substances;
3. Making the child work in hazardous
ABOUT THIS ARTICLE:
working conditions;
Ø Does not apply: When a person
4. Subjecting the child to various forms
intentionally wounds another and
of slavery as defined in RA 9208, incl.
leaves him in an uninhabited place
Trafficking of children, recruitment of
child soldiers, etc.
Ø Immaterial: That the offender did not
know that the child is under seven
years.
B. Crimes Against Security
1. Abandonment Of Persons In Danger 2. Abandoning a Minor

And Abandonment Of Own Victim

ARTICLE 276. ABANDONING A Elements

MINOR a. Offender has charge of the
rearing or education of a
Elements minor;
1. Offender has the custody of a b. He delivers said minor to a
child; public institution or other
2. The child is under seven years persons;
of age; c. The one who entrusted
3. He abandons such child; such child to the offender
4. He has no intent to kill the has not consented to such
child when the latter is act; or if the one who
abandoned. entrusted such child to the
offender is absent, the
proper authorities have not
IMPORTANT POINTS TO REMEMBER consented to it.
ABOUT THIS ARTICLE:
2. Neglecting his (offender’s)
Ø Circumstances qualifying the offense: children by not giving them the
education which their station
1. When the death of the minor in life requires and financial
resulted from such abandonment; or condition permits.
2. If the life of the minor was in Elements:

danger because of the abandonment. a. Offender is a parent;
b. He neglects his children by
Ø The purpose in abandoning the minor not giving them education;
under his custody is to avoid the c. His station in life requires
obligation of taking care of said such education and his
minor. financial condition permits
it.
Ø Intent to kill cannot be presumed
from the death of the child. The ruling
that the intent to kill is presumed Difference Between Abandonment of
from the death of the victim of the Minor and Abandonment of Minor by
crime is applicable only to crimes Persons Entrusted with Custody
against persons, and not to crimes
against security, particularly the ABANDONMENT ABANDONMENT
crime of abandoning a minor under OF MINOR BY OF MINOR (ART.
Art. 276. PERSONS 276)
ENTRUSTED WITH
CUSTODY (ART.
3. Abandonment Of Minor By Person 277)
Entrusted With Custody; Indifference Of The custody of the The custody of the
Parents offender is offender is stated
specific, that is , in general
the custody for
ARTICLE 277. ABANDONMENT OF the rearing or
MINOR BY PERSON ENTRUSTED education of the
WITH CUSTODY; INDIFFERENCE minor
OF PARENTS
Minor is under 18 Minor is under 7
yrs. of age years of age
Acts punished
1. Delivering a minor to a public
Minor is delivered Minor is
institution or other persons
to a public abandoned in
without the consent of the one
institution or such a way as to
who entrusted such minor to
other person deprive him of the
the care of the offender or, in
care and
the absence of that one,
protection that his
without the consent of the
tender years need
proper authorities;

4. Exploitation of Minors enjoy working there unaware of the

danger to their own lives and limbs.
ARTICLE 278. EXPLOITATION OF Ø Age: Must be below 16 years.

MINORS
Ø Article 278 has no application if minor
Acts punished is 16 years old and above. But the
exploitation will be dealt with by
1. Causing any boy or girl under Republic Act No. 7610.
16 years of age to perform any
dangerous feat of balancing, Ø If the employer is an ascendant, the
physical strength or crime is not committed, unless the
contortion, the offender being minor is less than 12 years old.
any person;
Ø If the minor so employed would suffer
2. Employing children under 16 some injuries as a result of a violation
years of age who are not the of Article 278, Article 279 provides
children or descendants of the that there would be additional
offender in exhibitions of criminal liability for the resulting
acrobat, gymnast, rope- felony.
walker, diver, or wild-animal
tamer, the offender being an Article 279. Additional penalties for other
acrobat, etc., or circus offenses.
manager or engaged in a
similar calling; The imposition of the penalties
prescribed in the preceding articles, shall
3. Employing any descendant not prevent the imposition upon the
under 12 years of age in same person of the penalty provided for
dangerous exhibitions any other felonies defined and punished
enumerated in the next by this Code.
preceding paragraph, the
offender being engaged in any 5. Qualified Trespass to Dwelling
of the said callings;
4. Delivering a child under 16 ARTICLE 280. QUALIFIED TRESPASS

years of age gratuitously to TO DWELLING
any person following any of
the callings enumerated in Elements
paragraph 2, or to any 1. Offender is a private person;
habitual vagrant or beggar, 2. He enters the dwelling of another;
the offender being an 3. Such entrance is against the latter’s
ascendant, guardian, teacher will.

IMPORTANT POINTS TO REMEMBER ABOUT THIS ARTICLE:
ABOUT THIS ARTICLE:
Ø DWELLING: This is the place that a
Ø Circumstance qualifying the offense: person inhabits. It includes the
If the delivery of the child to any dependencies which have interior
person following any of the calling of communication with the house. It is
acrobat, gymnast, rope-walker, diver, not necessary that it be the
wild-animal tamer or circus manager permanent dwelling of the person;
or to any habitual vagrant or beggar is hence, a person’s room in a hotel may
made in consideration of any price, be considered a dwelling. It also
compensation or promise, the penalty includes a room where one resides as
is higher. a boarder.
Ø The offender is engaged in a kind of Ø If the purpose in entering the

business that would place the life or dwelling is not shown, trespass is
limb of the minor in danger, even committed.
though working for him is not against
the will of the minor. Ø If the purpose is shown, it may be
absorbed in the crime as in robbery
Ø Nature of the Business: this involves with force upon things, the trespass
circuses which generally attract yielding to the more serious crime.
children so they themselves may

Ø If the purpose is not shown and while 2. The flourishing of a bolo against
inside the dwelling he was found by inmates of the house upon gaining an
the occupants, one of whom was entrance
injured by him, the crime committed
will be trespass to dwelling and 5. Other Forms of Trespass
frustrated homicide, physical injuries,
or if there was no injury, unjust
vexation. ARTICLE 281. OTHER FORMS OF
TRESPASS
Ø If the entry is made by a way not
Elements
intended for entry, that is presumed 1. Offender enters the closed
to be against the will of the occupant premises or the fenced estate of
(example, entry through a window). another;
It is not necessary that there be a 2. The entrance is made while either
breaking. of them is uninhabited;
3. The prohibition to enter is
Ø “Against the will”: This means that manifest;
the entrance is, either expressly or 4. The trespasser has not secured the
permission of the owner or the
impliedly, prohibited or the
caretaker thereof.
prohibition is presumed. Fraudulent
entrance may constitute trespass.
The prohibition to enter may be made IMPORTANT POINT TO REMEMBER ABOUT
at any time and not necessarily at the THIS ARTICLE:
time of the entrance.
Ø Premises: signifies distinct and
Ø To prove that an entry is against the definite locality. It may mean a room,
will of the occupant, it is not shop, building or definite area, but in
necessary that the entry should be either case, locality is fixed.
preceded by an express prohibition,
provided that the opposition of the Difference Between Qualified Trespass
occupant is clearly established by the and Other Forms of Trespass
circumstances under which the entry
is made, such as the existence of QUALIFIED OTHER FORMS OF
enmity or strained relations between TRESPASS TO TRESPASS (ART.
the accused and the occupant. DWELLING (ART. 281)
280)
Ø Offender is public officer: Crime is Offender is a The offender is
violation of domicile private person any person
Offender enters a Offender enters
Ø No overt act of the crime intended to dwelling closed premises
be committed: Crime is trespass to or fenced estate
dwelling. Place entered is Place entered is
inhabited uninhabited
Ø Examples of trespass by means of
Act constituting It is the entering
violence:
the crime is the closed
entering the premises or the
1. Pushing the door violently and
dwelling against fenced estate
maltreating the occupants after
the will of the without securing
entering.
owner the permission of
the owner or
2. Cutting of a ribbon or string with
caretaker thereof
which the door latch of a closed room
Prohibition to Prohibition to
was fastened. The cutting of the
enter is express enter must be
fastenings of the door was an act of
or implied manifest
violence.
3. Wounding by means of a bolo, the

owner of the house immediately after
entrance
Ø Examples of trespass by means of

intimidation:
1. Firing a revolver in the air by persons

attempting to force their way into a
house.

7. Article 282. Grave Threats Ø Qualifying Circumstance: If threat was

made in writing or through a
middleman.
ARTICLE 282. GRAVE THREATS Ø It is essential that there be
intimidation.
Acts punished: Ø It is not necessary that the offended
1. Threatening another with the party was present at the time the
infliction upon his person, threats were made. It is sufficient
honor or property or that of that the threats came to his
this family of any wrong knowledge.
amounting to a crime and Ø When consummated: As soon as the
demanding money or imposing threats came to the knowledge of the
any other condition, even offended party.
though not unlawful, and the
offender attained his purpose; 8. Light Threats
2. Making such threat without the
offender attaining his purpose;
3. Threatening another with the ARTICLE 283. LIGHT THREATS
infliction upon his person,
honor or property or that of his Elements
family of any wrong amounting 1. Offender makes a threat to
to a crime, the threat not being commit a wrong;
subject to a condition. 2. The wrong does not constitute
a crime;
Elements of Grave Threats Where 3. There is a demand for money
the Offender Attained His or that other condition is
Purpose: imposed, even though not
unlawful;
1. That the offender threatens 4. Offender has attained his
another person with the purpose or, that he has not
infliction upon the latter’s attained his purpose.
person, honor or property,
or upon that of the latter’s
family, of any wrong. IMPORTANT POINTS TO REMEMBER
2. That such wrong amounts ABOUT THIS ARTICLE:
to a crime.
3. That there is a demand for Ø The harm threatened must not be in
money or that any other the nature of crime and there is a
condition is imposed, even demand for money or any other
though not unlawful. condition is imposed, even though
4. That the offender attains lawful.
his purpose.
Ø Blackmailing may be punished under
this article.
Elements of Grave Threat Not Article 284. Bond for Good Behavior
Subject to a Condition
WHEN A PERSON IS REQUIRED TO
1. That the offender threatens GIVE BAIL BOND
another person with the
infliction upon the latter’s 1. When he threatens another
person, honor or property, under the circumstances
or upon that of the latter’s mentioned in Art. 282.
family, of any wrong. 2. When he threatens another
2. That such wrong amounts under the circumstances
to a crime. mentioned in Art. 283.
3. That the threat is not
subject to a condition.

ABOUT THIS ARTICLE:

9. Other Light Threats

Elements
1. A person prevented another
ARTICLE 285. OTHER LIGHT from doing something not
THREATS prohibited by law, or that
he compelled him to do
Acts punished something against his will;
1. Threatening another with a be it right or wrong;
weapon, or by drawing such 2.
weapon in a quarrel, unless it 2. The prevention or compulsion
be in lawful self-defense; be effected by violence,
threats or intimidation; and
2. Orally threatening another, in
the heat of anger, with some 3. The person that restrained the
harm constituting a crime, will and liberty of another had
without persisting in the idea not the authority of law or the
involved in his threat; right to do so, or in other
words, that the restraint shall
3. Orally threatening to do
not be made under authority of
another any harm not
law or in the exercise of any
constituting a felony.
lawful right.
IMPORTANT POINTS TO REMEMBER IMPORTANT POINTS TO REMEMBER

ABOUT THIS ARTICLE: ABOUT THIS ARTICLE:
Ø Under the first type, the subsequent Ø Purpose Of The Law: To enforce the
acts of the offender must show that principle that no person may take the
he did not persist in the idea involved law into his hands, and that our
in the threat. government is one of law, not of men.
Ø Threats which are ordinarily grave Ø Arises only if the act which the
threats, if made in the heat of anger, offender prevented another to do is
may be other light threats. not prohibited by law or ordinance.
Ø If the threats are directed to a person Ø If a person prohibits another to do an

who is absent and uttered in a act because the act is a crime, even
temporary fit of anger, the offense is though some sort of violence or
only other light threats. intimidation is employed, it would not
give rise to grave coercion.
10. Grave Coercions • It may only give rise to threat or
physical injuries, if some injuries
are inflicted.
ARTICLE 286. GRAVE COERCIONS
Ø In case of grave coercion where the
Acts punished offended party is being compelled to
do something against his will,
1. Preventing another, by means whether it be wrong or not, the crime
of violence, threats or of grave coercion is committed if
intimidation, from doing violence or intimidation is employed
something not prohibited by in order to compel him to do the act.
law;
2. Compelling another, by means Ø A public officer who shall prevent by
of violence, threats or means of violence or threats the
intimidation, to do something ceremonies or manifestations of any
against his will, whether it be religion is guilty of interruption of
right or wrong. religious worship (Art. 132).
Ø Any person who, by force, prevents

the meeting of a legislative body is
liable under Art. 143.
Ø Any person who shall use force or

intimidation to prevent any member
of Congress from attending the
meetings thereof, expressing his

opinions, or casting his vote is liable some physical or material harm

under Art. 145. would, however, unjustifiably
annoy or vex an innocent person.
Ø The crime is not grave coercion when
the violence is employed to seize Ø Unjust Vexation is distinguished from
anything belonging to the debtor of grave coercion by the absence of
the offender. It is light coercion under violence.
Art. 287.
12. Other Similar Coercions
Ø The owner of a thing has no right to
prohibit the interference of another
with the same, if the interference is ART. 288. OTHER SIMILAR
necessary to avert an imminent COERCIONS
danger and the threatened damage,
compared to the damage arising to Acts punished:
the owner from the interference, is 1. Forcing or compelling,
much greater. (Art. 432, Civil Code) directly or indirectly, or knowingly
permitting the forcing or
1. Lee v. CA, 201 SCAR 405 compelling of the laborer or
• Neither the crime of threats nor employee of the offender to
coercion is committed although the purchase merchandise of
accused, a branch manager of a commodities of any kind from
bank made the complainant sign a him;
withdrawal slip for the amount
needed to pay the spurious dollar Elements:
check she had encashed, and also a. Offender is any person, agent
made her execute an affidavit or officer of any association or
regarding the return of the amount corporation;
against her better sense and b. He or such firm or corporation
judgment. has employed laborers or
• The complainant may have acted employees;
reluctantly and with hesitation, but c. He forces or compels, directly
still, it was voluntary. or indirectly, or knowingly
permits to be forced or
11. Light Coercions compelled, any of his or its
laborers or employees to
purchase merchandise or
ARTICLE 287. LIGHT COERCIONS commodities of any kind from
him or from said firm or
Elements
corporation.
1. Offender must be a creditor;
2. He seizes anything belonging to his
debtor: 2. Paying the wages due his
3. The seizure of the thing be laborer or employee by means
accomplished by means of violence of tokens or object other than
or a display of material force the legal tender currency of
producing intimidation; the Philippines, unless
4. The purpose of the offender is to expressly requested by such
apply the same to the payment of laborer or employee.
the debt.
Elements:
IMPORTANT POINTS TO REMEMBER b. Offender pays the wages due a
ABOUT THIS ARTICLE: laborer or employee employed
by him by means of tokens or
Ø Deals with light coercions wherein object;
violence is employed by the offender c. Those tokens or objects are
who is a creditor in seizing anything other than the legal tender
belonging to his debtor for the currency of the Philippines;
purpose of applying the same to the c. Such employee or laborer does
payment of the debt. not expressly request that he
be paid by means of tokens or
Ø Unjust Vexation: objects.
• any act committed without
violence, but which unjustifiably
annoys or vexes an innocent IMPORTANT POINTS TO REMEMBER
person amounts to light coercion. ABOUT THIS ARTICLE:
• should include any human conduct
which, although not productive of
Ø General rule: wages shall be paid in

legal tender and the use of tokens, ARTICLE 290. DISCOVERING
promissory notes, vouchers, coupons SECRETS THROUGH SEIZURE OF
or any other forms alleged to CORRESPONDENCE
represent legal tender is absolutely
prohibited even when expressly ELEMENTS
requested by the employee. (Section 1. Offender is a private individual
1, Rule VIII, Book III, Omnibus Rules or even a public officer not in
Implementing the Labor Code) the exercise of his official
Ø No employer shall limit or otherwise function;
interfere with the freedom of any 2. He seizes the papers or letters
employee to dispose of his wages. He of another;
shall not in any manner force, compel, 3. The purpose is to discover the
oblige his employees to purchase secrets of such another person;
merchandise, commodities or other 4. Offender is informed of the
property from the employer or from contents of the papers or
any other person. (Art. 112, Labor
Code.) IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
13. Formation, Maintenance, and Ø This is a crime against the security of

Prohibition of Combination of Capital or one’s papers and effects. The purpose
Labor through Violence or Threats must be to discover its effects. The
act violates the privacy of
communication.
ARTICLE 289. FORMATION,
MAINTENANCE, AND PROHIBITION OF
Ø According to Ortega, it is not
COMBINATION OF CAPITAL OR LABOR
necessary that the offender should
THROUGH VIOLENCE OR THREATS
actually discover the contents of the
Elements letter. Reyes, citing People v. Singh,
1. Offender employs violence or CA, 40 OG, Suppl. 5, 35, believes
threats, in such a degree as to otherwise.
compel or force the laborers or
employers in the free and legal Ø The last paragraph of Article 290
exercise of their industry or work; expressly makes the provision of the
2. The purpose is to organize,
first and second paragraph thereof
maintain or prevent coalitions of
inapplicable to parents, guardians, or
capital or labor, strike of laborers
or lockout of employers. persons entrusted with the custody of
minors placed under their care or
custody, and to the spouses with
IMPORTANT POINTS TO REMEMBER respect to the papers or letters of
ABOUT THIS ARTICLE: either of them. The teachers or other
persons entrusted with the care and
Ø The act should not be a more serious education of minors are included in
offense. If death or some serious the exceptions.
physical injuries are caused in an
effort to curtail the exercise of the Ø Distinction from estafa, damage to
rights of the laborers and employers, property, and unjust vexation:
the act should be punished in • If the act had been executed with
accordance with the other provisions intent of gain, it would be estafa;
of the Code. • If, on the other hand, the purpose
was not to defraud, but only to
Ø Peaceful picketing is not prohibited. cause damage to another’s, it
would merit the qualification of
Ø Threats made or violence employed by damage to property;
picketers may make them liable for • If the intention was merely to
coercion. cause vexation preventing another
to do something which the law
C. Discovery and Revelation of Secrets does not prohibit or compel him to
execute what he does not want,
1. Discovering Secrets through Seizure of the act should be considered as
Correspondence unjust vexation.
REPUBLIC ACT NO. 4200

AN ACT TO PROHIBIT AND PENALIZE
WIRE TAPPING AND OTHER RELATED
VIOLATIONS OF THE PRIVACY OF
COMMUNICATION, AND FOR OTHER the employer or master so he should

PURPOSES. respect the privacy of matters
personal to the latter.
SECTION 1.Unlawful acts by any person
or participant, not authorized by all the Ø If the matter pertains to the business
parties to any private communication or of the employer or master, damage is
spoken word. necessary and the agent, employee or
servant shall always be liable.
1. To tap any wire or cable Reason: no one has a right to the
2. To use any other device or personal privacy of another.
arrangement to secretly overhear,
intercept or record such
communication by using a device 4. Revelation of Industrial Secrets
known as dictaphone, dictagraph,
detectaphone, walkie-talkie or tape-
recorder. ARTICLE 292. REVELATION OF
3. To knowingly possess any tape/wire INDUSTRIAL SECRETS
or disc record, or copies of any
communication or spoken word Elements
4. To replay the same for any person or 1. Offender is a person in charge,
persons employee or workman of a
5. To communicate the contents thereof, manufacturing or industrial
verbally or in writing establishment;
6. To furnish transcriptions thereof, 2. The manufacturing or
whether complete or partial industrial establishment has a
secret of the industry which
EXCEPTION: the offender has learned;
1) When a peace officer is authorized 3. Offender reveals such secrets;
by written order from the court. 4. Prejudice is caused to the
2) Any recording, communication or owner.
spoken word obtained in violation
of the provisions of this Act – Elements
INADMISSIBLE IN EVIDENCE IN 1. Offender is a person in charge,
ANY JUDICIAL, QUASI-JUDICIAL employee or workman of a
OR ADMINISTRATIVE HEARING OR manufacturing or industrial
INVESTIGATION. establishment;
2. The manufacturing or
industrial establishment has a
3. Revealing Secrets With Abuse Of secret of the industry which
Office the offender has learned;
3. Offender reveals such secrets;
4. Prejudice is caused to the
ARTICLE 291. REVEALING SECRETS owner.
WITH ABUSE OF OFFICE
Elements IMPORTANT POINTS TO REMEMBER

1. Offender is a manager, ABOUT THIS ARTICLE:
employee or servant;
2. He learns the secrets of his à Secrets must relate to manufacturing
principal or master in such processes.
capacity;
3. He reveals such secrets. à The act constituting the crime is
revealing the secret of the industry which
the offender has learned.
IMPORTANT POINTS TO REMEMBER:
à The revelation of the secret might be
Ø An employee, manager, or servant
made after the employee or workman
who came to know of the secret of his had ceased to be connected with the
master or principal in such capacity
establishment.
and reveals the same shall also be
liable regardless of whether or not the à Prejudice is an element of the offense.
principal or master suffered damages.
Ø Essence of this crime is that the

offender learned of the secret in the
course of his employment. He is
enjoying a confidential relation with

X. CRIMES AGAINST PROPERTY CRIMINAL LAW II
TITLE X. CRIMES AGAINST PROPERTY Robbery (293)
1. Who are guilty of robbery (Art 293)

2. Robbery with violence against or 1. ARTICLE 293. WHO ARE GUILTY OF
intimidation of persons (Art 294) ROBBERY
3. Robbery with physical injuries,
committed in an inhabited place and Elements of Robbery in General:
by band, or with the use of firearm on a. That there be (1) personal
a street, road or alley (Art 295) property; (2) belonging to another;
4. Definition of a band and penalty b. That there is (3) unlawful taking of
incurred by the members thereof (Art that property;
296) c. That the taking must be (4) with
5. Attempted and frustrated robbery intent to gain; and
committed under certain d. That there is (5) violence against or
circumstances (Art 297). intimidation of any person, or force
6. Execution of deeds by means of upon anything.
violence or intimidation (Art 298)
7. Robbery in an inhabited house or
public building or edifice devoted to Ø The property taken must be personal,
worship (Art 299) if real property/right is usurped the
8. Robbery in an uninhabited place and crime is usurpation (Art. 312).
by a band (Art 300)
9. What is a inhabited house, public
Ø Prohibitive articles may be the subject
building or building dedicated to
of robbery, e.g., opium
religious worship and their
dependencies (Art 301)
10. Robbery in an uninhabited place or in Ø “Taking”: depriving the offended
a private building (Art 302) party of ownership of the thing taken
11. Robbery of cereal, fruits, or firewood with the character of permanency.
in an uninhabited place or private
building (Art 303) Ø Intent to gain is presumed from the
12. Possession of picklocks or similar unlawful taking. It cannot be
tools (Art 304) established by direct evidence, except
13. Who are liable of theft (Art 308) in case of confession.
14. Penalties (Art 309)
15. Qualified theft (Art 310) VIOLENCE USE OF FORCE
16. Theft the property of the National AGAINST OR UPON THINGS
Library and National Museum (Art INTIMIDATION OF
311) PERSON
17. Occupation of real property or The taking is The taking is
usurpation of real rights in property
always robbery robbery only if
(Art312)
used force to:
18. Altering boundaries or landmarks (Art
VALUE OF THE
313)
19. False keys (Art 305)
PROPERTY TAKEN 1enter the
20. Who are brigands (Art 306) IS IMMATERIAL. building or
21. Aiding and abetting a band of brigands The penalty 2) to break
(Art 307) depends on: (a) doors,
22. Fraudulent insolvency (Art 314) the result of the wardrobes,
23. Swindling (ESTAFA) (Art 315) violence used chests, or any
24. Other forms of swindling (Art 316) (homicide, rape, other kind of
25. Swindling a minor (Art 317) intentional locked or sealed
26. Other deceits (Art 318) mutilation, serious furniture or
27. Removal, sale pledge of mortgaged physical injuries, receptacle inside
property (Art 319) less serious or the building or
28. ARSON & OTHER CRIMES INVOLVING slight physical to force them
DESTRUCTION (REPEALED BY PD1613 injuries resulted) open outside
& RA7659) and (b) the after taking the
29. Who are liable for malicious mischief existence of same from the
(Art 327) intimidation only building (Art.
30. Special cases of malicious mischief
299 & 302)
(Art 328)
If committed in
31. Other mischiefs (Art 329)
32. Damage and obstruction to means of
an inhabited
communication (Art 330) house, public
33. Destroying or damaging statues, building, or
public monuments or paintings (Art edifice devoted
331) to religious
34. Persons exempt from criminal liability worship, the
(Art 332) penalty is based
on: (a) the value
of the thing Ø The crime defined in this article is a

taken and (b) special complex crime.
whether or not
the offenders Ø The violence must be against the
carry arms; person of the offended party, not
upon the thing taken. It must be
1. WITH VIOLENCE AGAINST OR present before the taking of personal
INTIMIDATION OF PERSONS property is complete.
Ø Exception: When the violence results

A. WITH VIOLENCE OR INTIMIDATION in:
OF PERSONS (294) • (1) homicide,
• (2) rape,
Acts punished under Art. 294: • (3) intentional mutilation, or
• (4) any of the serious physical
1. When by reason or on occasion of injuries penalized in paragraphs 1
the robbery, the homicide is & 2 of Art. 263,
committed. ◦ the taking of personal property
is robbery complexed with any
2. When the robbery is accompanied of those crimes under Art. 294,
by rape or intentional mutilation or ◦ even if the taking was already
arson. complete when the violence
was used by the offender.
3. When by reason or on occasion of
such robbery, any of the physical Ø There is no crime as robbery with
injuries resulting in insanity, murder.
imbecility, impotency, or blindness is
inflicted. Ø The crime is still robbery with
homicide if, in the course of the
4. When by reason or on occasion of robbery, a person was killed even if it
robbery, any of the physical injuries was another robber or a bystander.
resulting in the loss of the use of
speech or the power to hear or to Ø Even if the rape was committed in
smell, or the loss of an eye, a hand, a another place, it is still robbery with
foot, an arm or a leg or the loss of the rape.
use of any such member, or
incapacity for the work in which the Ø When the taking of personal property
injured person is theretofore of a woman is an independent act
habitually engaged is inflicted. following defendant’s failure to
consummate the rape, there are two
5. If the violence or intimidation distinct crimes committed: attempted
employed in the commission of the rape and theft.
robbery is carried to a degree clearly
unnecessary for the commission of Ø Additional rapes committed on the
the crime. same occasion of robbery will not
increase the penalty.
6. When in the course of its
execution, the offender shall have Ø When rape and homicide co-exist in
inflicted upon any person not the commission of robbery, the crime
responsible for the commission of the is robbery with homicide, the rape to
robbery any of the physical injuries in be considered as an aggravating
consequence of which the person circumstance only.
injured becomes deformed or loses
any other member of his body or Ø Absence of intent to gain will make
loses the use thereof or becomes ill or the taking of personal property grave
incapacitated for the performance of coercion if there is violence used (Art.
the work in which he is habitually 286).
engaged for labor for more than 30
days NAPOLIS V.CA (1972)
1. If both violence/intimidation of
7. If the violence employed by the persons (294) and force upon
offender does not cause any of the things(299/302) exist it will be
serious physical injuries defined in considered as violation of Art 294
Art. 263, or if the offender employs because it is more serious than in
intimidation only. Art 299/302.
2. BUT when robbery is under Art 294
par 4 & 5 the penalty is lower than

in Art 299 so the complex crime

should be imputed for the higher Article 296. Definition of a Band
penalty to be imposed without and Penalty Incurred by the
sacrificing the principle that Members Thereof
robbery w/ violence against
persons is more severe than that Outline of Art. 296:
w/ force upon things
1. When at least 4 armed
PEOPLEV. MILLIAN (2000) malefactors take part in the
1. When taking of victims gun ws to commission of a robbery, it is
prevent the victim from retaliating deemed committed by a band.
crimes are theft and homicide not
robbery w/homicide 2. When any of the arms used in
the commission of robbery is not
licensed, the penalty upon all the
B. WITH PHYSICAL INJURIES, IN AN malefactors shall be the maximum
UNINHABITED PLACE AND BY A BAND (295, of the corresponding penalty
296) provided by law, without prejudice
to the criminal liability for illegal
possession of such firearms.
Article 295. Robbery with Physical
Injuries, in an Uninhabited Place 3. Any member of a band who was
and by a band present at the commission of a
robbery by the band, shall be
Robbery with violence against or punished as principal of any of the
intimidation or persons is qualified assaults committed by the band,
when it is committed: unless it be shown that he
attempted to prevent the crime.
1. In an uninhabited place, or
2. By a band, or
3. By attacking a moving train, Ø Conspiracy is presumed when
street car, motor vehicle, or robbery is by band.
airship, or
4. By entering the passengers’ Ø There is no crime as “robbery with
compartments in a train, or homicide in band”. Band is only
in any manner taking the ordinary aggravating circumstance
passengers thereof by in robbery w/ homicide
surprise in the respective
conveyances, or People V. Apduhan
5. On a street, road, highway, 1. In order that special aggravating
or alley, and the circumstance of unlicensed firearm be
intimidation is made with appreciated it is condition sine qua
the use of firearms, the non that offense charged be robbery
offender shall be punished by a band under Art 295.
by the maximum periods of 2. Pursuant to Art 295, the
the proper penalties in Art. circumstance of a band is qualifying
294. only in robbery under par 3, 4 &5 of
Art 294. Thus Art. 295 does not apply
to robbery with homicide, or robbery
Ø It cannot be offset by a generic with rape, or robbery with serious
mitigating circumstance. physical injuries under par. 1 of Art.
263.
Ø The intimidation with the use of 3. So special aggravating
firearm qualifies only robbery on a circumstance of unlicensed firearm is
street, road, highway, or alley. inapplicable to robbery w/ homicide
robbery with rape, or robbery with
physical injuries, committed by a band
ATTEMPTED AND FRUSTRATED ROBBERY WITH

HOMICIDE (297)
Ø “Homicide” includes multiple

homicides, murder, parricide, or even
infanticide.
Ø The penalty is the same, whether

robbery is attempted or frustrated.
C. IN AN INHABITED PLACE OR EDIFICE FOR

Ø Robbery with homicide and attempted WORSHIP (299, 301)
or frustrated robbery with homicide
are special complex crimes, not
governed by Art. 48, but by the ARTICLE 299. ROBBERY IN AN INHABITED
special provisions of Arts. 294 & 297, HOUSE OR PUBLIC BUILDING OR EDIFICE
respectively. DEVOTED TO WORSHIP
Elements of robbery with force upon

Ø There is only one crime of attempted
things under SUBDIVISION (A):
robbery with homicide even if slight
physical injuries were inflicted on 1. That the offender entered (a) an
other persons on the occasion or by inhabited house, or (b) public building,
reason of the robbery. or (c) edifice devoted to religious
worship.
C. EXECUTION OF DEEDS THROUGH VIOLENCE OR 2. That the entrance was effected by
INTIMIDATION (298) any of the following means:
a) Through an opening not
intended for entrance or egress;
ARTICLE 298. EXECUTION OF DEEDS b) By breaking any wall, roof, or
floor or breaking any door or
THROUGH VIOLENCE OR INTIMIDATION
window;
c) By using false keys, picklocks or
Elements: similar tools; or
1. That the offender has intent to d) By using any fictitious name or
defraud another pretending the exercise of
2. That the offender compels him public authority.
to sign, execute, or deliver any 3. That once inside the building, the
public instrument or document offender took personal property
3. That the compulsion is by means belonging to another with intent to
gain.
of violence or intimidation.
Ø There must be evidence that accused

Ø If the violence resulted in the death of entered the dwelling house or building
the person to be defrauded, crime is by any of the means enumerated in
robbery with homicide and shall be subdivision (a).
penalized under Art 294 par. 1. Ø In entering the building, there must
be the intent to take personal
Ø Art. 298 applies to private or property.
commercial document.
Ø “Inhabited house”: any shelter, ship,
Ø Art. 298 is not applicable if the or vessel constituting the dwelling of
document is void. one or more persons even though the
inhabitants thereof are temporarily
Ø When the offended party is under absent therefrom when the robbery is
obligation to sign, execute or deliver committed.
the document under the law, it is no
robbery but coercion Ø “Public building”: every building
owned by the Government or
2. BY FORCE UPON THINGS belonging to a private person but
used or rented by the Government,
Ø Robbery by the use of force upon although temporarily unoccupied by
things is committed only when either: the same.
(1) Offender entered a house or building Ø Any of the four means described in
by any of the means specified in Art. 299 subdivision (a) must be resorted to
or Art. 302, or enter a house or building, not to get
out otherwise it is only theft.
(2) Even if there was no entrance by any
of those means, he broke a wardrobe, Ø Illustration: If the culprit had entered
chest, or any other kind of locked or the house through an open door, and
closed or sealed furniture or receptacle in the owner, not knowing that the
the house or building, or he took it away culprit was inside, closed and locked
to be broken or forced open outside. the door from the outside and left,
and the culprit, after taking personal
A. IN AN INHABITED PLACE OR EDIFICE FOR property in the house, went out
WORSHIP (299, 301) through the window, it is only theft,
B. IN AN UNINHABITED PLACE AND BY A not robbery.
BAND (300, 296)
building where it is kept or taken from

Ø The whole body of the culprit must be to be broken outside.
inside the building to constitute
entering. Ø The penalty depends on the value of
property taken and on whether or not
Ø “Breaking”: means entering the offender carries arm.
building. The force used in this means
must be actual, as distinguished from Ø Arm carried must not be used to
that in the other means which is only intimidate.
constructive force.
Ø Even those without are liable to the
Ø “False keys”: genuine keys stolen same penalty.
from the owner or any keys other
than those intended for use in the lock Ø The provision punishes more severely
forcibly opened by the offender. the robbery in a house used as a
dwelling than that committed in an
o The genuine key must be uninhabited place, because of the
stolen, not taken by force or possibility place, because of the
with intimidation, from the possibility that the inhabitants in the
owner. former might suffer bodily harm
during the commission of the robbery.
Ø If false key is used to open wardrobe
or locked receptacle or drawer or ARTICLE 301. WHAT IS AN UNINHABITED
inside door it is only theft HOUSE, PUBLIC BUILDING DEDICATED TO
RELIGIOUS WORSHIP AND THEIR DEPENDENCIES
Elements of robbery with force upon Ø The place is still inhabited even if the
things under SUBDIVISION (B) of Art. occupant was absent.
299:
Ø “Dependencies”: all interior courts,
1. That the offender is inside a corrals, warehouses, granaries or
dwelling house, public building, or inclosed places contiguous to the
edifice devoted to religious worship, building or edifice, having an interior
regardless of the circumstances entrance connected therewith, and
under which he entered it. which form part of the whole (Art.
301, par. 2).
2. That the offender takes personal
property belonging to another, with
intent to gain, under any of the
following circumstances. Requisites:
a) By the breaking of doors,
wardrobes, chests, or any 1. Must be contiguous to the
other kind of locked or sealed building;
furniture or receptacle; or 2. Must have an interior entrance
b) By taking such furniture or connected therewith;
objects away to be broken or 3. Must form part of the whole.
forced open outside the place
of the robbery.
Orchards and lands used for cultivation
or production are not included in the
Ø Entrance into the building by any of
term “dependencies” (Art. 301, par. 3).
the means mentioned in subdivision
(a) is not required in robbery under
A. IN AN UNINHABITED PLACE AND BY A
subdivision (b)
BAND (300, 296)
Ø The term “door” in par. 1, subdivision

ARTICLE 300. ROBBERY IN AN UNINHABITED
(b) of Art. 299, refers only to “doors,
PLACE AND BY A BAND
lids or opening sheets” of furniture or
other portable receptacles—not to
inside doors of house or building. Ø Robbery in an inhabited house, public
building or edifice to religious worship
Ø Breaking the keyhole of the door of a is qualified when committed by a band
wardrobe, which is locked, is breaking and located in an uninhabited place.
a locked furniture.
To qualify Robbery To qualify Robbery
Ø It is theft, if the locked or sealed w/ force upon with violence
receptacle is not forced open in the things (Art 299) against or
intimidation
It must be It must be furniture or receptacle, or removal

committed in committed in an thereof to be broken open elsewhere.
uninhabited place uninhabited place Ø Breaking padlock is use of force upon
AND by a band (Art OR by a band (Art. things.
300) 295) Ø Use of fictitious name or pretending
the exercise of public authorities is
not covered under this article.
Art. 296. Definition of a band and penalty Ø The receptacle must be “closed” or
incurred by the members thereof. — “sealed”.
When more than three armed Ø Penalty is based only on value of
malefactors take part in the commission property taken.
of a robbery, it shall be deemed to have
been committed by a band. When any of ROBBERY IN A STORE
the arms used in the commission of the Punishable under Punishable under
offense be an unlicensed firearm, the Art 299 Art 302
penalty to be imposed upon all the 1. If the store is 1. If the store was
malefactors shall be the maximum of the used as a dwelling not actually
corresponding penalty provided by law, of one or more occupied at the
without prejudice of the criminal liability persons, the time of the robbery
for illegal possession of such unlicensed robbery committed and was not used
firearms. therein would be as a dwelling,
considered as since the owner
Any member of a band who is present at committed in an lived in a separate
the commission of a robbery by the band, inhabited house house, the robbery
shall be punished as principal of any of (People v Suarez) committed therein
the assaults committed by the band, (People v
unless it be shown that he attempted to 2. If the store is Silvestre)
prevent the same. located on the
ground floor of the
house belonging to
IN AN INHABITED PLACE OR PRIVATE BUILDING the owner, having
(302) an interior
entrance
Elements: connected
1. That the offender entered an therewith, it is a
uninhabited place or a building which dependency of an
was not a dwelling house, not a public inhabited house
building, or not an edifice devoted to
and the robbery
religious worship.
2. That any of the following committed
circumstances was present: therein(US v
a) The entrance was effected Tapan).
through an opening not intended
for entrance or egress; 3. CEREALS, FRUITS OR FIREWOOD IN AN
b) A wall, roof, floor, or outside door INHABITED PLACE OR PRIVATE BUILDING (303)
or window was broken
c) The entrance was effected
Ø The penalty is one degree lower
through the use of false keys,
picklocks or other similar tools;
Ø The palay must be kept by the owner as
d) A door, wardrobe, chest, or any “seedling” or taken for that purpose
sealed or closed furniture or by the robbers.
receptacle was broken; or
e) A closed or sealed receptacle was
removed, even if the same be ARTICLE 304. POSSESSION OF PICKLOCK
broken open elsewhere. OR SIMILAR TOOLS
3. That with intent to gain, the offender
took therefrom personal property Elements
belonging to another. 1. Offender has in his possession
picklocks or similar tools;
2. Such picklock or similar tools
are especially adopted to the
Ø “Building”: includes any kind of
commission of robbery;
structure used for storage or
3. Offender does not have lawful
safekeeping of personal property,
cause for such possession.
such as (a) freight car ad (b)
warehouse.
Ø Entrance through an opening not
intended for entrance or egress is not Article 305 defines false keys to include
necessary, if there is breaking of the following:
wardrobe, chest, or sealed or closed 1. Tools mentioned in Article 304;
2. Genuine keys stolen from the owner; extortion or to to commit only a

3. Any key other than those intended by obtain ransom, or particular robbery it
the owner for use in the lock forcibly (3) for any other is robbery in band.
opened by the offender. purpose to be
attained by means of
force and violence
B. Brigandage (306-307) Mere formation of a Necessary to prove
band for any of the that robbery actually
ARTICLE 306. WHO ARE BRIGANDS purposes mentioned committed as mere
in the law is conspiracy to
punished commit robbery is
ARTICLE 306. WHO ARE >no need to show not punishable.
BRIGANDS that the band
actually committed
Elements of Brigandage robbery
1. There be at least 4 armed

persons ARTICLE 307. AIDING AND ABETTING A
2. They formed a band of robbers BAND OF BRIGANDS
3. The purpose is any of the
following: Elements:
a) To commit robbery in the 1. That there is a band of
highway; or brigands
b) To kidnap persons for the 2. That the offender knows the
purpose of extortion or to band to be of brigands
obtain ransom; or 3. That the offender does any of
c) To attain by means of force the following acts:
and violence any other a) He in any manner aids,
purpose. abets or protects such band
of brigands; or
b) He gives them information
Ø Presumption of law as to brigandage: of the movements of the
all are presumed highway robbers or police or other peace
brigands, if any of them carries officers of the Government;
unlicensed firearm. or
c) He acquires or receives the
Ø The arms carried may be any deadly property taken by such
weapon. brigands.
Ø The main object of the law is to

prevent the formation of band of Ø It is presumed that the person
robbers. performing any of the acts provided in
this article has performed them
Ø The term “highway” includes city knowingly, unless the contrary is
streets. proven.
Ø Any person who aids or protects

The following must be proved: highway robbers or abets the
commission of highway robbery or
1. That there is an organization of more than
3 armed persons forming a band of robbers
brigandage shall be considered as an
2. That the purpose of the band is any of accomplice.
those enumerated in Art. 306.
3. That they went upon the highway or
roamed upon the country for that purpose. PD 532 ANTI-PIRACY AND ANTI-
4. That the accused is a member of such HIGHWAY ROBBERY
band.
Highway robbery/Brigandage: seizure of
Brigandage Robbery in Band any person for ransom, extortion or other
unlawful purposes, or by taking away
Both require that the offenders form a band property of another, by means of violence
of robbers. against or intimidation of persons or
PURPOSE: Any of the PURPOSE: To force upon things or other unlawful
ff: (1) to commit commit robbery, not means, committed by any person any
robbery in the necessarily in the Philippine highway (PD 532; People v.
highway, or (2) to highway. Agomo-o 2000)
kidnap persons for If more than 3
the purpose of armed men agreed
Philippine Highway: any road, street,

passage, highway, bridges or other parts ARTICLE 308. WHO ARE LIABLE FOR
thereof, or railway or railroad within the THEFT
Philippines used by persons, or vehicles,
Persons liable for theft:
or locomotives r trains for the movement
or circulation of persons or 1. Those who,
transportation of goods, articles or (a) with intent to gain,
property or both (b)but without violence against or
intimidation of persons nor force upon
things,
à Number of perpetrators is no longer
(c) take,
an essential element of crime of (d) personal property,
brigandage as per PD 532 (People v. (e) of another,
Mendoza; Boado, Comprehensive (f) without the latter’s consent.
2. Those who,
(a) having found lost property,
PD 532 Brigandage in RPC (b) fail to deliver the same to the local
Crime must be Mere formation of authorities or to its owner.
committed band is punishable
1 malefactor will At least 4 3. Those who,
(a) after having maliciously damaged
suffice malefactors the property of another,
No preconceived Pre-conceived (b) remove or make use of the fruits
target victim or object of the damage caused by
them.
Proof of prior Proof of prior
4. Those who,
robberies robberies not (a) enter an inclosed estate or field
required required where
(b) trespass is forbidden or which
belongs to another and, without the
consent of its owner,
Theft (308, 309, 311) and Qualified Theft
(c) hunt or fish upon the same or
(310) gather fruits, cereals, or other forest
or farm products.
Ø Theft: committed by any person who,
with intent to gain but without
violence against or intimidation of
Ø The theft was consummated & taking
persons nor force upon things, shall
complete when the culprits were able
take personal property of another
to place the thing taken under his
without the latter’s consent.
control and in such a situation as he
could dispose of it at once.
Elements of Theft:
Valenzuela v. People (June 2007)
1) That the there be taking of personal There is no frustrated theft because of
property the definition of theft in Art 308. The
2) That said property belongs to offender has either complete control of
another the property (consummated) or without
3) That the taking be done with intent (attempted)
to gain.
4) That the taking be done without the
consent of the owner.
Ø There is “taking” even if the offender
5) That the taking be accomplished received the thing from the offended
without the use of violence against or party.
intimidation of persons or force upon
things. Ø If juridical possession of thing was
transferred as opposed to physical
possession and thing was
appropriated the crime is ESTAFA not
theft
Ø Selling share of a partner or co-owner

is not theft.
Ø Employee is not the owner of

separation pay which is not actually
delivered to him.
Ø Actual or real gain is not necessary in

theft.

Ø The consent contemplated in the § (2) the value and nature of the
element of theft refers to consent property taken, or
freely given and not mere lack of § (3) the circumstances that
opposition by owner of the property impelled the culprit to commit
taken. the crime.
Ø It is not robbery when violence is for Ø If there is no evidence of the value of

a reason entirely foreign to the fact of the property stolen, the court should
taking. impose the minimum penalty
corresponding to theft involving the
People v. Gulinao value of P5.00. The court may also
1. Gulinao shot Dr. Chua take judicial notice of its value in the
& left. Then he went back & took proper cases.
Dr. Chua’s diamond ring.
2. The crime was Theft and
not robbery as the taking of the ARTICLE 310. QUALIFIED THEFT
ring was just an afterthought.
Violence used in killing Dr. Chua Theft is qualified if:
had no bearing on the taking of the
ring. 1) The theft is committed by a
domestic servant
2) The theft is committed with grave
Ø One in possession of part of recently abuse of confidence
stolen property is presumed to be 3) The property stolen is (a) motor
thief of all. vehicle,1 (b) mail matter, or (c)
large cattle
Ø “Lost property”: embraces loss by 4) The property stolen consists of
stealing or by act of he owner or by a coconuts taken from the premises
person other than the owner, or of a plantation
through some casual occurrence. 5) The property stolen is fish taken
from a fishpond or fishery
6) 6.The property is taken on the
It is necessary to prove the following in order occasion of fire, earthquake,
to establish theft by failure to deliver or return typhoon, volcanic eruption, or any
lost property:
other calamity, vehicular accident
1) The time of the seizure of the thing
or civil disturbance.
2) That it was a lost property belonging to
another; and
3) That the accused having had the Ø The penalty for qualified theft is 2
opportunity to return or deliver the lost
degrees higher.
property to its owner or to the local
authorities, refrained from doing so. Ø Theft by domestic servant is always
qualified. There’s no need to prove
grave abuse of discretion.
Ø The law does not require knowledge of Ø The abuse of confidence must be
the owner of the property. grave. There must be allegation in the
information and proof of a relation, by
reason of dependence, guardianship
Elements of hunting, fishing or gathering
fruits, etc., in enclosed estate:
or vigilance, between the accused and
the offended party, that has created a
1) That there is an enclosed estate high degree of confidence between
or a field where trespass is them, which the accused abused.
forbidden or which belongs to Ø Theft of any material, spare part,
another product or article by employees and
2) That the offender enters the same laborers is heavily punished under PD
3) That the offender hunts or fishes 133.
upon the same or gathers fruits,
Ø “Motor vehicle”: all vehicles propelled
cereals or other forest or farm
products in the estate or field;
by power, other than muscular power.
and Ø When the purpose of taking the car is
4) That the hunting or fishing or to destroy by burning it, the crime is
gathering of products is without arson.
the consent of the owner. Ø If a private individual took a letter
containing postal money order it is
qualified theft. If it was the
postmaster, to whom the letter was
ARTICLE 309. PENALTIES delivered, the crime would be
infidelity in the custody of documents.
Ø The basis of the penalty in theft is
§ (1) the value of the thing RA 6539 ANTI-CARNAPPING
stolen, or
Carnapping: taking, with intent to gain, him, to have been derived from the
of motor vehicle belonging to another proceeds of the crime of robbery or theft.
without the latter’s consent or by means
of violence against or intimidation of
persons, or by force upon things (Izon v. Elements:
People, 1981)
1. The crime of robbery or theft has
Motor Vehicle: any vehicle which been committed.
ismotoried using the streets which 2. The accused, who is not a
arepublic,not exclusivelyfor private use principal or accomplice in the
(Boado, Comprehensive Reviewer in commission of the crime of
Criminal Law) robbery or theft, buys, receives,
possesses, keeps, acquires,
PD 533 ANTI-CATTLE RUSTLING LAW conceals, sells or disposes, or
buys and sells, or in any manner
Cattle rustling: taking away by deals in any article, item, object,
means,methors or schemes, without the or anything of value, which has
consent of theowner/raiser, of any large been derived from the proceeds
cattle whether or not for profit, or of the said crime.
whether committed with or without 3. The accused knows or should
violence against or intimidation of person have known that the said article,
or force upon things. It includes killing of item, object or anything of value
large cattle, taking itsmeat or hide has been derived from the
without the consent of owner/raiser. proceeds of the crime of robbery
or theft.
Large cattle: include cow, carabao, horse, 4. There is, on the part of the
mule, ass, other domesticated member of accused, intent to gain for
bovine family. A goat is not included himself or another.
because it is not large (Boado,
Comprehensive Reviewer in Criminal
Law)
Ø Mere possession of any good, article,
Presumption: Every person in possession item, object, or anything of value
of large cattle shall upon demand by which has been the subject of robbery
competent authorities exhibit required or thievery shall be prima facie
documents. Failure to do so is prima facie evidence of fencing.
evidence that large cattle in possession
are fruits of crime of cattle rustling Ø Robbery/theft and fencing are separate
and distinct offenses.
à Killing of owner is absorbed in cattle
rustling (Boado, Comprehensive ARTICLE 311. THEFT OF THE PROPERTY
Reviewer in Criminal Law) OF THE NATIONAL LIBRARY AND
NATIONAL MUSEUM
PD 704 ILLEGAL FISHING
Ø Theft of property of the National
Prima facie presumption of illegal fishing Museum and National Library has a
when: fixed penalty regardless of its value.
1) Explosive, obnoxious or poisonous But if it was with grave abuse of
substance or equipment or device confidence, the penalty for qualified
for electric fishing are found in the theft shall be imposed.
fishing boat or in the possession of
fisherman; or Usurpation (312, 313)
2) When fish caught with the use of
explosives, obnoxious or poisonous
substances or by electricity are
found in a fishing boat
PD 1612: ANTI-FENCING LAW
Fencing: the act of any person who, with

intent to gain for himself or for another,
shall buy, receive, keep, acquire, conceal,
sell, or dispose of, or shall buy an d sell
or in any other manner deal in any
article, item, object, or anything of value
which he knows, or should be known to

ARTICLE 312. OCCUPATION OF REAL

ARTICLE 313. ALTERING BOUNDARIES OR
PROPERTY OR USURPATION OF LANDMARKS
REAL RIGHTS IN PROPERTY
Elements:
Acts punishable under Art. 312: 1. That there be boundary marks or
monuments of towns, provinces, or
1. Taking possession of any real estates, or any other marks intended to
property belonging to another by designate the boundaries of the same.
means of violence against or 2. That the offender alters said boundary
marks.
intimidation of persons
2. Usurping any real rights in
property belonging to another by
Ø Art. 313 does not require intent to gain.
means of violence against or
intimidation of persons.
Ø The word “alter” may include:
a. destruction of stone monument
Elements:
b. taking it to another place
c. removing a fence
a) That the offender takes
possession of any real property
or usurps any real rights in Culpable Insolvency (314)
property
b) That the real property or real ART 314. FRAUDULENT INSOLVENCY
rights belong to another
c) That violence against or Elements:
intimidation of persons is used by 1. That the offender is a debtor; that is, he
the offender in occupying real has obligations due and payable
property or usurping real rights 2. That he absconds with his property
in property. 3. That there be prejudice to his creditors
d) That there is intent to gain.
Ø Actual prejudice, not intention alone,

Ø If no violence or intimidation only civil is required. Even if the debtor
liability exists. disposes of his property, unless it is
shown that itl has actually prejudiced
Ø Art. 312 does not apply when the his creditor, conviction will not lie.
violence or intimidation took place Fraudulent concealment of property is
subsequent to the entry into the not sufficient if the debtor has some
property. Violence or intimidation property with which to satisfy his
must be the means used in occupying obligation.
real property or in usurping real
rights. Ø “Abscond”: does not require that the
debtor should depart and physically
Ø Art. 312 does not apply to a case of conceal his property. Real property
open defiance of the writ of execution could be the subject matter of Art.
issued in the forcible entry case. 314.
Ø Criminal action for usurpation of real Ø The person prejudiced must be

property is not a bar to civil action for creditor of the offender.
forcible entry.
Art 314 Insolvency law
Usurpation Theft/Robbery No need to have Crime should be
In both crimes, there is intent to gain defendant committed after
Mode: By Mode: By taking or adjudged bankrupt the institution of
occupation asportation or insolvent insolvency
Real property or Personal property proceedings
right is taken
Ø RA 947 punishes entering or

occupying public agricultural land
including lands granted to private
individuals.

SIMPLIFYING the Ways of Committing ESTAFA

W/ ABUSE OF CONFIDENCE BY MEANS OF DECEIT
1. With unfaithfulness or 2. By means of false pretenses or 3. Through fraudulent means
abuse of confidence fraudulent acts;
315 par(1)(A-C) 315 par(2)(A-E), BP22 315 par(3)(A-C)
a) Altering substance, a) Using fictitious name or false a) By inducing another, through
quantity or quality of pretenses at power, influence… or deceit, to sign any document
object subject of obligation other similar deceits (315, par (315 par 3(a))
to deliver (315 par 1(a)) 2(a))
b) By resorting to some fraudulent
b) Misappropriation and b) By altering the quality, fineness practice to ensure success in a
Conversion (315 par.1(b)) or weight of anything pertaining gambling game (315 par.3(b))
to art or business (315 par 2(b))
c) Taking advantage of c) c) By removing, concealing or
signature in blank (315 c) By pretending to have bribed any destroying any court record,
par.1(c)) government employee (315 par. office files, document or any
2(c)) other papers (315 par.3(c))
d) By postdating a check or issuing a

bouncing check (315 par 2(d))
e) BP 22
f) By obtaining food, refreshment or

accommodation w/ intent to
defraud through nonpayment
(315 par 2(e))
Ø When the fraud committed consists in

Swindling and other deceits the adulteration or mixing of some
extraneous substance in an article of
food so as to lower its quantity, it may
ESTAFA (315) be a violation of the Pure Food Law.
Elements of Estafa in General:
Ø It’s not estafa if the thing delivered is
1. That the accused defrauded another not acceptable to the complainant
(a) by abuse of confidence; or (b) when there is no agreement as to its
by means of deceit; and quality.
2. That damage or prejudice capable
of pecuniary estimation is caused to Ø Estafa may arise even if thing
the offended party or third person. delivered, is not subject of lawful
commerce, such as opium.
WITH UNFAITHFULNESS OR ABUSE OF

CONFIDENCE (315 PAR. 1(A) (B) (C)) MISAPPROPRIATION AND CONVERSION (315
PAR.1(B))
ALTERING SUBSTANCE, QUANTITY OR QUALITY OF

OBJECT SUBJECT OF OBLIGATION TO DELIVER (315 Elements:
PAR 1(A))
1. That money, goods, or other personal
Elements: property be received by the offender
1. That the offender has an onerous in trust, or in commission, or for
obligation to deliver something of administration, or under any other
value. obligation involving the duty to make
2. That he alters its substance, delivery of, or to return, the same;
quantity, or quality 2. That there be misappropriation or
3. That damage or prejudice is caused conversion of such money or
to another property by the offender, or denial on
his part of such receipt;
3. That such misappropriation or
Ø Deceit is not an essential element of conversion or denial is to the
estafa with abuse of confidence. prejudice of another; and
4. That there is a demand made by the
Ø Damage or prejudice must be capable offended party to the offender
of estimation, because it is the basis
of the penalty
Ø Delivery of anything of value must be Ø The 4th element is not necessary

“by virtue of an onerous obligation to when there is evidence of
do so”. misappropriation of goods by the
defendant.

Ø Check is included in the word

“money”. a) Transaction sale fails, there is no
estafa if the accused refused to
Ø Money, goods or other personal return the advance payment.
property must be received by the b) The money or personal property
offender under certain kinds of received by accused is not to be
transaction transferring juridical used for a particular purpose or to
possession to him. be returned.
c) Thing received under a contract of
Ø When the thing received by the sale on credit
offender from the offended party (1)
in trust, or (2) on commission, or (3) Ø Payment by students to the school for
for administration, the offender the value of materials broken is not
acquires both physical possession and mere deposit.
juridical possession
Ø uridical possession”: means a Ø Novation of contract of agency to one
possession which gives the transferee of sale, or to one of loan, relieves
a right over the thing which he may defendant from incipient criminal
set up even against the owner. liability under the first contract.
Ø When the delivery of a chattel does

not transfer juridical possession/title,
3 Ways Of Committing Estafa With Abuse
it is presumed that the
Of Confidence Under Art. 315 Par. (B):
possession/title of the thing remain
w/ owner. 1. By misappropriating the thing
received.
Ø Failure to turn over to the bank the 2. By converting the thing received.
proceeds of sale of goods covered by 3. By denying that the thing was
trust receipts is estafa. received.
Ø The phrase “or under any obligation

involving the duty to make delivery of,
or to return the same”, includes Ø “Conversion”: presupposed that the
quasi-contracts and certain contracts thing has been devoted to a purpose
of bailment. or use different from that agreed
upon.
Ø The obligation to return the thing Ø The fact that an agent sold the thing
must be contractual but without received on commission for a lower
transferring to accused ownership of price than the one fixed, does not
the thing. constitute estafa (US v Torres).
Ø The law does not distinguish between
Ø When ownership is transferred to temporary and permanent
recipient, his failure to return it misappropriations.
results in civil liability only. Ø No estafa under Art. 315 par (b) when
there is neither misappropriation nor
Applicable Civil Code provisions: conversion.
Right of agent to deduct commission

Art. 1477. The ownership of the thing from amounts collected:
sold shall be transferred to the vendee
upon actual or constructive delivery If agent is authorized to retain his
thereof. commission out of the amounts he
collected, there is no estafa. Otherwise
Art. 1482. Whenever earnest money is he is guilty of estafa, because his right to
given in a contract of sale, it shall be commission does not make the agent a
considered as part of the price and as co-owner of money collected.
proof of the perfection of the contract.
Ø 3rd element of estafa w/ abuseof
confidence is that the conversion, or
Ø In estafa with abuse of confidence denial by offender resulted in the
under par. (b), subdivision 1 of Art. prejudice of the offended party.
315, the thing received must be Ø “To the prejudice of another”: not
returned if there is an obligation to necessarily of the owner of the
return it. If no obligation to return property.
there is only civil liability. Ø Partners are not liable for estafa of
money or property received for the
Ø NO ESTAFA WHEN:
partnership when the business misappropriation of the same is

commenced and profits accrued. estafa.
• Exception: When the offender
Estafa with abuse Theft received the thing from the offended
of confidence party, with the obligation to delver it
If acquired If acquired to a third person and, instead of
juridical physical doing so, misappropriated it to the
possession of thing possession only of prejudice of the owner, the crime
misappropriated thing committed is qualified theft.
misappropriated Ø Sale of thing received to be pledged
Offender receives Offender takes the for owner is theft, when the intent to
the thing from the thing appropriate existed at the time it was
victim received.
Ø Failure of partner to account for
partnership funds may give rise to Estafa with abuse Malversation
civil obligation only, not estafa. of confidence
• Exception: when partner Offenders are entrusted with funds or
misappropriates the share of another property
partner in the profits, the act Both are continuing offenses
constitutes estafa. Funds or property Usually public
Ø A co-owner is not liable for estafa, but are always private funds or property
he is liable if, after the termination of Offender is a Offender who is
the co-ownership, he misappropriates private individual usually a public
the thing which has become the or even a public officer is
exclusive property of the other. officer who is not accountable for
Ø But when the money or property had accountable for public funds or
been received by a partner for specific public funds or property
purpose and he misappropriated it, property
there is estafa. Ccmmitted by Committed by
Ø Under the 4th element of estafa with misappropriating, misappropriating,
abuse of confidence demand may be converting or or thru
required. denying having abandonment or
§ In estafa by means of deceit, received money, negligence, letting
demand is not needed, because the other personal other person to
offender obtains the thing wrongfully property take the public
from the start. In estafa with abuse of funds or property
confidence, the offender receives the
thing under a lawful transaction. Ø When in prosecution for malversation
§ Demand is not required by law, but the public officer is acquitted, the
it may be necessary, because failure private individual in conspiracy w/
to account upon demand is him may be held liable for estafa.
circumstantial evidence of Ø Misappropriation of firearms received
misappropriation. by a police:
§ Presumption arises only when the o ESTAFA: if it is not involved in
explanation of the accused is the commission of a crime
absolutely devoid of merit. o MALVERSATION: if it is involved
§ The mere failure to return the thing in the commission of a crime.
received for safekeeping or under any
other obligation w/ the duty to return
the same or deliver the value thereof TAKING ADVANTAGE OF SIGNATURE IN BLANK (315
to the owner could only give rise to a PAR.1(C))
civil action and does not constitute
the crime of estafa. Elements:
Ø There is no estafa through negligence.
Ø The gravity of the crime of estfa is 1. That the paper with the signature of the
based on the amount not returned offended party be in blank.
before the institution of the criminal 2. That the offended party should have
delivered it to the offender.
action.
3. That above the signature of the
Ø Test to distinguish theft from estafa: offended party a document is written
In theft, upon the delivery of the thing by the offender without authority to do
to the offender, the owner expects an so.
immediate return of the thing to him. 4. That the document so written creates a
(Albert) liability of, or causes damage to, the
Ø When the owner does not expect the offended party or any third person.
immediate return of the thing he
delivered to the accused, the

• be made prior to, or, at least

ESTAFA BY MEANS OF FRAUDULENT ACTS simultaneously with,
(315 PAR. 2(A) (B) (C)(D) (E) ; BP22): • the delivery of the thing by the
complainant.
Ø It is essential that such false
THROUGH FALSE PRETENSES OR FRAUDULENT statement or fraudulent
ACTS (315 PAR 2(A) TO (E)) representation
• constitutes the cause or only
Elements of estafa by means of deceit: motive which induced the
complainant to part with the thing.
1. That there must be a false pretense, • If there be no such prior or
fraudulent act or fraudulent means.
simultaneous false statement or
2. That such false pretense, fraudulent
act or fraudulent means must be fraudulent representation,
made or executed prior to or • any subsequent act of the accused,
simultaneously with the commission however fraudulent and suspicious
of the fraud. it may appear,
3. That the offended party must have ◦ cannot serve as a basis for
relied on the false pretense, prosecution for the class of
fraudulent act, or fraudulent means, estafa.
that is, he was induced to part with
his money or property because of
Ø A creditor who deceived his debtor is
the false pretense, fraudulent act,
or fraudulent means. liable for estafa.
4. That as a result thereof, the
offended party suffered damage. Ø In estafa by means of deceit under
Art. 315 2(a), there must be evidence
that the pretense of the accused is
false. Without such proof, criminal
Ø The acts must be fraudulent. Acts intent to deceive cannot be inferred.
must be founded on, deceit, trick, or
cheat. Ø Fraud must be proved with clear and
positive evidence.
Ø In false pretenses the deceit consists
in the use of deceitful words, in Ø Where commission salesman took
fraudulent acts the deceit consists back the machines from prospective
principally in deceitful acts. customers and misappropriated them,
the it is theft, not estafa.
Ø The fraudulent acts must be Ø Estafa through false pretense made in
performed prior to or simultaneously writing is only a simple crime of
with the commission of the fraud. estafa, not a complex crime of estafa
through falsification.
Ø The offender must be able to obtain
something from the offended party Ø Manipulation of scale is punished
because of the fraudulent acts. under the Revised Administrative
Code
USING FICTITIOUS NAME OR FALSE PRETENSES
AT POWER, INFLUENCE… OR OTHER SIMILAR
DECEITS (315, PAR 2(A)) BY ALTERING THE QUALITY, FINENESS OR WEIGHT
OF ANYTHING PERTAINING TO ART OR BUSINESS
Ways of committing the offense: (315 PAR 2(B))
1. By using fictitious name;

BY PRETENDING TO HAVE BRIBED ANY
2. By falsely pretending to possess:
(a) power,
GOVERNMENT EMPLOYEE (315 PAR. 2(C))
(b) influence,
(c) qualifications, Ø Person would ask money from
(d) property, another for the alleged purpose of
(e) credit, bribing a government employee but
(f) agency, just pocketed the money.
(g)business or imaginary
transactions;
3. By means of other similar deceits.
Ø For estafa under Art. 315 par. 2(a), it

is indispensable that the false
statement or fraudulent
representation of the accused,

Ø PD 818 applies only to estafa under

BY POSTDATING A CHECK OR ISSUING A BOUNCING par 2(d) of Art. 315, and does not
CHECK (315 PAR 2(D)) apply to other forms of estafa.
(People v Villaraza, 81 SCRA 95).
Elements:
Hence, the penalty prescribed in PD
1. That the offender postdated a check, 818, not the penalty provided for in
or issued a check in payment of an Art. 315, should be imposed when the
obligation; estafa committed is covered by par
2. That such postdating or issuing a 2(d) of Art. 315.
check was done when the offender had
no funds in the bank, or his funds Ø Estafa by issuing a bad check is a
deposited therein were not sufficient continuing crime.
to cover the amount of the check.
ANTI-BOUNCING CHECKS LAW (BP22)

Ø The check must be genuine, and not
falsified. BP 22 may be violated in 2 ways:
Ø The check must be postdated or for an

obligation contracted at the time of Elements of the offense defined in the
the issuance and delivery of the check 1st paragraph of Sec. 1:
and not for pre-existing obligation.
1. That a person makes or draws and
issued any check
Ø Exception: 2. That the check is made or drawn
• When postdated checks are issued and issued to apply on account or
and intended by the parties only as for value.
promissory notes 3. That the person who makes or
• When the check is issued by a draws and issues the check knows
guarantor at the time of issue that he does not
have sufficient funds in or credit
Ø The accused must be able to obtain with the drawee bank for the
payment of such check in full upon
something from the offended party by
its presentment.
means of the check he issues and 4. That the check is subsequently
delivers. dishonored by the drawee bank for
insufficiency of funds or credit, or
Ø The mere fact that the drawer had would have been dishonored for the
insufficient or no funds in the bank to same reason had not the drawer,
cover the check at the time he without any valid reason, ordered
postdated or issued a check, is the bank to stop payment.
sufficient to make him liable for
Elements of the offense defined in the
estafa.
2nd paragraph of Sec. 2:
Ø RA 4885 deleted the phrase “the 1. That a person has sufficient funds in
offender knowing at the time he had or credit with the drawee bank
no funds in the bank” when he makes or draws and issues
a check.
• the failure of the drawer to 2. That he fails to keep sufficient funds
deposit the amount needed to or to maintain a credit to cover the
cover his check full amount of the check if presented
within a period of 90 days from the
• within 3 days from receipt of
date appearing thereon.
notice of dishonor of check for 3. That the check is dishonored by the
lack or insufficiency of funds drawee bank.
• shall be prima facie evidence of
deceit constituting false pretense
or fraudulent act. The gravamen of BP 22 is the issuance of
a check.
Ø Good faith is a defense in a charge of
estafa by postdating or issuing a Rule of Preference in imposing penalties
check. in BP 22:
Ø One who got hold of a check issued by Administrative Circular No. 12-2000
another, knowing that the drawer had
no sufficient funds in the bank, and This circular establishes a rule of
used the same in the purchase of preference in the application of the penal
goods, is guilty of estafa (People v. provision of BP 22. The determination of
Isleta). whether the circumstances warrant the
imposition of fine alone rests solely upon
the judge. Should the judge decide that
imprisonment is the more appropriate refusal to pay stamped or written

penalty, Administrative Circular No. 12- thereon, or attached thereto.
2000 ought not to be deemed a
hindrance. Ø Not be necessary to prove:
The maker’s knowledge of the 1) the making or issuance of the

insufficiency of funds is legally presumed check by the drawer;
from the dishonor of his check. 2) the due presentment of the check
to the drawee for payment and the
Exceptions: dishonor thereof; 3) that the same
was properly dishonored for the
a) When the check is presented after reason written, stamped or attached
90 days from the date of the check. by the drawee on the dishonored
b) When the maker or drawer pays check.
the holder thereof the amount due
thereon, or makes arrangements Ø Issuing a bum check may be punished
for payments in full by the drawee under the RPC or BP 22, or both.
of such check within 5 banking
days after receiving notice that BP 22 RPC
such check has not been paid by deceit and requires deceit
the drawee. damage are and damage
immaterial
Prima facie evidence does not arise
where notice of non-payment is not sent
to the maker of check. BY OBTAINING ANY FOOD, REFRESHMENT OR
ACCOMMODATION WITH INTENT TO DEFRAUD
Sec. 3 requires the drawee: THROUGH NONPAYMENT (315 PAR 2(E))
1. Who refuses to pay the check to the 3 ways of committing the offense:
holder to cause to be written, 1. By obtaining food, refreshment or
accommodation at a hotel, inn,
printed or stamped or attached
restaurant, boarding house, lodging
thereto, the reason for dishonor or house or apartment house without
refusal to pay. Where there are no paying therefor, with intent to defraud
sufficient funds the bank shall the proprietor or manager thereof;
explicitly state that fact in the 2. By obtaining credit ay any of said
notice of dishonor or refusal. establishments by the use of any false
pretense; or
2. If the drawee bank received an 3. By abandoning or surreptitiously
order to stop payment from the removing any part of his baggage from
any of said establishments after
drawer, the former shall state in the
obtaining credit, food, refreshment or
notice that there were no sufficient accommodation therein, without
funds in or credit with it for the paying therefor.
payment in full of the check, if such
be the fact.
Ø In all prosecutions under BP 22, the THROUGH OTHER FRAUDULENT MEANS (315 PAR
introduction in evidence of any unpaid 3(A) (B) (C))
and dishonored check with the
drawee’s refusal to pay stamped or
BY INDUCING ANOTHER, THROUGH DECEIT, TO SIGN
written thereon, or attached thereto, ANY DOCUMENT (315 PAR 3(A))
shall be prima facie evidence of:
Elements:
a. The maiking or issuance of the 1. That the offender induced the offended
check; party to sign a document.
b. The due presentment to the 2. That deceit be employed to make him
drawee for payment and the sign the document.
3. That the offended party personally
dishonor thereof; and
signed the document.
c. The fact that the same was
4. That prejudice be caused.
properly dishonored for the
reason written, stamped, or
attached by the drawee on such Ø Offender must induce the offended
dishonored check. party to sign the document.
Ø If offended party is willing from the
Ø The prosecution has to present in start to sign the document, because
evidence only the unpaid and the contents are different from those
dishonored check with the drawee’s which the offended told the accused

to state in the document, the crime is ARTICLE 316. OTHER FORMS OF SWINDLING
falsification.
BY RESORTING TO SOME FRAUDULENT PRACTICE

TO ENSURE SUCCESS IN A GAMBLING GAME (315 PAR 1. BY CONVEYING, SELLING, ENCUMBERING,
PAR.3(B)) OR MORTGAGING ANY REAL PROPERTY,
PRETENDING TO BE THE OWNER OF THE SAME
BY REMOVING, CONCEALING OR DESTROYING ANY Elements:

COURT RECORD, OFFICE FILES, DOCUMENT OR ANY 1. That the thing be immovable, such as
OTHER PAPERS (315 PAR.3(C)) a parcel of land or a building.
2. That the offender who is not the
Elements: owner of said property should
represent that he is the owner
1. That there be court record, office files, thereof.
documents or any other papers. 3. That the offender should have
2. That the offender removed, concealed executed an act of ownership (selling,
or destroyed any of them. encumbering or mortgaging the real
3. That the offender had intent to defraud property).
another. 4. That the act be made to prejudice of
the owner or a third person.
Ø If there is no malicious intent to

defraud, the destruction of court Ø The thing disposed of must be real
record is malicious mischief. property. If it’s chattel, crime is
Estafa.
Ø Elements of deceit and abuse of
confidence may co-exist. Ø There must be existing real property.
Ø If there is neither deceit nor abuse of Ø Even if the deceit is practiced against
confidence, it’s not estafa, even if the second purchaser but damage is
there is damage. There is only civil incurred by the first purchaser, there
liability. is violation of par.1 of Art. 316.
The element of damage or prejudice Ø Since the penalty is based on the

capable of pecuniary estimation may “value of the damage” there must be
consist in: actual damage caused.
1. The offended party being deprived of
his money or property, as result of
PARAGRAPH 2. BY DISPOSING OF REAL PROPERTY
the defraudation;
AS FREE FROM ENCUMBRANCE, ALTHOUGH SUCH
2. Disturbance in property right; or
ENCUMBRANCE BE NOT RECORDED
3. Temporary prejudice
Elements:
1. That the thing disposed of be real
Ø Payment subsequent to the property.
commission of estafa does not 2. That the offender knew that the real
extinguish criminal liability or reduce property was encumbered, whether
the encumbrance is recorded or not.
the penalty.
3. That there must be express
representation by the offender that
Ø The crime of estafa is not obliterated the real property is free from
by acceptance of promissory note. encumbrance.
4. That the act of disposing of the real
Ø A private person who procures a loan property be made to the damage of
by means of deceit through a falsified another.
public document of mortgage, but
paid loan within the period agreed
upon, is not guilty of estafa but only Ø “Encumbrance”: includes every right
falsification of a public document. or interest in the land which exists in
favor of third persons.
Ø Accused cannot be convicted of estafa
with abuse of confidence if charged Ø The offended party would not have
w/ estafa by means of deceit. granted the loan had he known that
the property was already
OTHER FORMS OF SWINDLING AND encumbered.
DECEITS (316-318)
Ø When the loan had already been
granted when defendant offered the

property as security for the loan, Art.

316 par. 2 is not applicable. PARAGRAPH 5. BY ACCEPTING ANY
COMPENSATION FOR SERVICES NOT RENDERED
Ø Usurious loan with equitable OR FOR LABOR NOT PERFORMED
mortgage is not an encumbrance on
the property. Elements:
1. Accepting a compensation given to
Ø If 3rd element not established, there accused for service not rendered
is no crime. 2. Malicious failure to return the
compensation wrongfully received
Ø There must be damage caused. It is (fraud)
not necessary that act prejudice the
owner of the land.
Ø There must be fraud otherwise it
Ø The omitted phrase “as free from willonly be solutio indebiti, with civil
encumbrance” in par 2 of Art. 316 is obligation to return the wrong
the basis of the ruling that silence as payment.
to such encumbrance does not involve
a crime. Ø If the money in payment of a debt
was delivered to a wrong person, Art.
316 par 5 is not applicable, in case the
PARAGRAPH 3. BY WRONGFULLY TAKING BY THE person who received it later refused
OWNER OF HIS PERSONAL PROPERTY FROM ITS
or failed to return it to the owner of
LAWFUL POSSESSOR
the money. Art. 315 subdivision 1(b)
Elements: is applicable.
1. That the offender is the owner of
personal property.
2. That said property is in the lawful PARAGRAPH 6. BY SELLING,
possession of another. MORTGAGING OR ENCUMBERING REAL
3. That the offender wrongfully takes it PROPERTY OR PROPERTIES WITH WHICH
from its lawful possessor. THE OFFENDER GUARANTEED THE
4. That prejudice is thereby caused to the
FULFILLMENT OF HIS OBLIGATION AS
lawful possessor or third person.
SURETY
Ø Offender must wrongfully take the Elements:

personal property from the lawful 1. That the offender is a surety in
possessor. a bond given in a criminal or
civil action.
Ø If the owner took the personal 2. That he guaranteed the
property from its lawful possessor fulfillment of such obligation
without the latter’s knowledge and with his real property or
later charged him with the value of properties.
the property, the crime is theft (US v 3. That he sells, mortgages, or, in
Albao). any other manner encumbers
said real property.
Ø If the thing is taken by means of 4. That such sale, mortgage, or
violence, without intent to gain, it is encumbrance is (a) without
not estafa, but grave coercion. express authority from the
court, or (b)made before the
Ø If there is intent to charge the bailee cancellation of his bond, or (c)
with its value, the crime is robbery before being relieved from the
(US v Albao) obligation contracted by him.
PARAGRAPH 4. BY EXECUTING ANY FICTITIOUS Ø There must be damage caused under

CONTRACT TO THE PREJUDICE OF ANOTHER
Art. 316.
Illustration:
A person who simulates a conveyance of

his property to another, to defraud his
creditors. If the conveyance is real and
not simulated, the crime is fraudulent
insolvency.

ARTICLE 317. SWINDLING OF A MINOR ARTICLE 319. REMOVAL, SALE, OR

PLEDGE OF MORTGAGED PROPERTY
Elements:
1. That the offender takes Acts punishable under Art. 319:
advantage of the inexperience 1. By knowingly removing any
or emotions or feelings of a personal property mortgaged under
minor. the Chattel Mortgage Law to any
2. That he induces such minor (1) province or city other than the one
to assume an obligation, or (2) in which it was located at the time of
to give release, or (3) to execute execution of the mortgage, without
a transfer of any property right. the written consent of the
3. That the consideration is (1) mortgagee or his executors,
some loan of money, (2) credit, administrators or assigns.
or (3) other personal property.
4. That the transaction is to the 2. By selling or pledging personal
detriment of such minor. property already pledged, or any
part thereof, under the terms of the
Chattel Mortgage Law, without the
à Real property is not included since a consent of the mortgagee written on
minor cannot convey real property the back of the mortgage and noted
without judicial authority. on the record thereof in the office of
the register of deeds of the province
where such property is located.
ARTICLE 318. OTHER DECEITS
Other deceits are: Ø Chattel mortgage must be valid and

subsisting. If chattel mortgage does
not contain an affidavit of good faith
1. By defrauding or damaging
another by any other deceit not and is not registered, it is void and
mentioned in the preceding cannot be prosecuted under Art 319
articles.
2. By interpreting dreams, by Elements of knowingly removing

making forecasts, by telling mortgaged personal property:
fortunes, or by taking advantage
of the credulity of the public in 1. That personal property is
any other manner, for profit or mortgaged under the Chatter
gain. Mortgage Law.
2. That the offender knows that
such property is so mortgaged.
3. That he removes such mortgaged
Ø Any other kind of conceivable deceit personal property to any province
may fall under this article. As in other or city other than the one in
cases of estafa, damage to the which it was located at the time
offended party is required. of the execution of the mortgage.
4. That the removal is permanent.
Ø The deceits in this article include 5. That there is no written consent
false pretenses and fraudulent acts. of the mortgagee or his
executors, administrators or
assigns to such removal.
Chattel Mortgage (319)
Ø A person other than the mortgagor

Ø The object of the Chattel Mortgage Law who removed the property to another
is to give the necessary sanction to the province, knowing it to be mortgaged,
statute, so that mortgage debtors may may be liable.
be deterred from violating its provisions
and mortgage creditors may be Ø The removal of the mortgaged
protected against loss of inconvenience personal property must be coupled
from wrongful removal or sale of with intent to defraud. No felonious
mortgaged property. intent if transfer of personal property
is due to change of residence.
Ø If the mortgagee opted to file for

collection, not foreclosure,
abandoning the mortgage as basis for
relief, the removal of property to

another province is not a violation of Attempted arson: A person, intending to
Art 319 par1 burn a wooden structure, collects some
rags, soaks them in gasoline and places
them beside the wooden wall of the
Elements of selling or pledging building. When he about to light a match
personal property already pledged: to set fire to the rags, he is discovered by
another who chases him away.
1. That personal property is already
pledged under the terms of the Frustrated arson: If that person is able to
Chattel Mortgage Law. light or set fire to the rags but the fire
2. That the offender, who is the was put out before any part of the
mortgagor of such property, sells building was burned.
or pledges the same of any part
thereof. Consummated arson: If before the fire
3. That there is no consent of the was put out, it had burned a part of the
mortgagee written on the back of building.
the mortgage and noted on the
record thereof in the office of the Ø In attempted arson, it is not
register of deeds. necessary that there be a fire.
Ø If the property burned is an inhabited

house or dwelling, it is not required
Ø The consent of the mortgagee must be hat the house be occupied by one or
(1) in writing, (2) on the back of the more persons and the offender knew
mortgage, and (3) noted on the it when the house was burned.
record thereof in the office of the
register of deeds. Ø No complex crime of arson with
homicide. If by reason of or on the
Ø Damage is not essential. occasion of arson death results, the
penalty of reclusion perpetua to death
Ø Chattel mortgage may give rise to shall be imposed. Homicide is
estafa by means of deceit. absorbed.
Art 319 Art 316 Estafa Ø Any of 7 circumstances in Sec. 6 of PD
In both there is selling of a mortgaged 1613 is sufficient to establish fact of
property. arson if unexplained.
Personal property Property involved
is real PD 1613, §1.
property(Art. 316 DESTRUCTIVE ARSON
par 2)
Committed by the Committed by
SEC. 2. Destructive Arson—The penalty of
mere failure to selling real
Reclusion Temporal in its maximum
obtain consent of property
period to Reclusion Perpetua shall be
the mortgagee in mortgaged as free,
imposed if the property burned is any of
writing, even if even though the
the following:
offender should vendor may have
inform the obtained the
1. Any ammunition factory and other
purchaser that the consent of the
establishment where explosives,
thing sold is mortgagee in
inflammable or combustible materials
mortgaged writing.
are stored.
Purpose: to Purpose: to protect
protect the the purchaser (1st
2. Any archive, museum, whether public
mortgagee or 2nd)
or private, or any edifice devoted to
culture, education or social services.
Arson and other Crimes Involving
Destruction 3. Any church or place of worship or
other building where people usually
Kinds of Arson: assemble.
1. Arson (PD 1613, Sec. 1) 4. Any train, airplane or any aircraft,

2. Destructive arson (Art. 320, as vessel or watercraft, or conveyance
amended by RA 7659) for transportation of persons or
3. Other cases of arson (Sec. 3, PD 1613) property.
Attempted, Frustrated, and 5. Any building where evidence is kept

Consummated Arson: for use in any legislative, judicial, or
administrative or other official includes defacing it. (People v Asido,

proceeding. et. Al, 59 OG 3646)
6. Any hospital, hotel, dormitory, lodging

house, housing tenement, shopping 2. SPECIAL CASES OF MALICIOUS
center, public or private market, MISCHIEF (328)
theater or movie house or any similar
place or building.
Special cases of malicious
7. Any building, whether used as a mischief: (qualified malicious
dwelling or not, situated in a mischief)
populated or congested area.
1. causing damage to obstruct the
SEC. 3. Other Cases of Arson—The performance of public functions
penalty of Reclusion Temporal to 2. using any poisonous or
Reclusion Perpetua shall be imposed if corrosive substance
the property burned is any of the 3. spreading infection or
following: contagion among cattle
4. causing damage to property of
1. Any building used as offices of the the National Museum or
government or any of its agencies National Library, or to any
archive ore registry,
2. Any inhabited house or dwelling waterworks, road, promenade,
or any other thing used in
3. Any industrial establishment, common by the public.
shipyard, oil well or mine shaft,
platform or tunnel
3. OTHER MISCHIEFS (329)
4. Any plantation, farm, pasture land,
growing crop, grain field, orchard, Ø Other mischiefs not included in Art.
bamboo grove or forest; 328 are punished based on value of
the damage caused.
5. Any rice mill, sugar mill, cane mill or
mill central Ø If the amount involved cannot be
estimated, the penalty of arresto
6. Any railway or bus station, airport, menor of fine not exceeding P200 is
wharf or warehouse fixed by law.
Ø People v Dumlao, 38 OG 3715: When

Malicious Mischief several persons scattered coconut
remnants which contained human
1. WHO ARE RESPONSIBLE FOR (327) excrement on the stairs and floor of
the municipal building, including its
interior, the crime committed is
Elements of malicious mischief: malicious mischief under Art. 329.
1. That the offender deliberately Damage and obstruction to means and

caused damage to the property communication (330)
of another.
2. That such act does not Ø Committed by damaging any railway,
constitute arson or other crimes telegraph, or telephone lines.
involving destruction
3. That the act of damaging Ø If the damage shall result in any
another’s property be derailment of cars, collision, or other
committed merely for the sake accident, a higher penalty shall be
of damaging it. imposed. (Qualifying Circumstance)
Ø Telegraph/phone lines must pertain to

Ø If no malice in causing damage, the railways.
obligation to pay for the damages is
only civil (Art. 2176) Q: When as a result of the damage
caused to railway, certain passengers of
Ø Damage means not only loss but also the train are killed:
diminution of what is a man’s own.
Thus, damage to another’s house A:It depends. Art. 330 says “without
prejudice to the criminal liability of the
offender for other consequences of his
criminal act.” If there is no intent to kill,

the crime is “damages to means to
means of communication” with homicide
because of the first paragraph of Art. 4
and Art. 48. If there is intent to kill, and
damaging the railways was the means to
accomplish the criminal purpose, the
crime is murder.
Destroying or damaging statues, public

monuments or paintings (331)
Ø The penalty is lower if the thing

destroyed is a public painting, rather
than a public monument.
Exemption from Criminal Liability in

Crimes Against Property (332)
Crimes involved in the exemption:
1. theft
2. swindling (estafa)
3. malicious mischief
Persons exempt from criminal liability:
1. Spouses, ascendants and

descendants, or relatives by affinity
in the same line.
2. The widowed spouse with respect
to the property which belonged to
the deceased spouse before the
same passed into the possession of
another.
3. brothers and sisters and brothers-
in-law and sisters-in-law, if living
together.
Ø There is no criminal, but only civil

liability.
Ø Art. 332 does not apply to a stranger

who participates in the commission of
the crime.
Ø People v Alvarez, 52 Phil 65; People v

Adame, et. al., CA., 40 OG Supp. 21,
63: Stepfather and stepmother are
included as ascendants by affinity.
Ø Guevara: An adopted or natural child

should also be considered as included
in the term “descendants” and a
concubine or paramour within the
term “spouses”.
Ø Art. 144, CC; People v Constantino,

CA, 60 OG 3605: Art. 332 applies to
common-law spouses.
XI. CRIMES AGAINST CHASTITY CRIMINAL LAW II
TITLE XI: CRIMES AGAINST CHASTITY maintenance of a family not his

own.
1. Adultery (Art. 333);
2. Concubinage (Art. 334); Ø Abandonment without justification is
3. Acts of lasciviousness (Art. 336); not exempting, but only mitigating.
4. Qualified seduction (Art. 337);
5. Simple seduction (Art. 338); o Both defendants are entitled to
6. Acts of lasciviousness with the consent this mitigating circumstance.
of the offended party (Art. 339);
7. Corruption of minors (Art. 340); Ø A married man who is not liable for
8. White slave trade (Art. 341); adultery, because he did not know
9. Forcible abduction (Art. 342); and that the woman was married, may be
10. Consented abduction (Art. 343) held liable for concubinage. If the
woman knew that the man was
A. Adultery married, she may be held liable for
concubinage as well.
1. ARTICLE 333. ADULTERY Ø A married man might not be guilty of

adultery because he did not know that
Elements: the woman was married. He will only
7) The woman is married; be held liable for concubinage if he
8) She has sexual intercourse with a appeared to be guilty of any of the
man not her husband; acts defined in Art. 334.
9) As regards the man with whom she
has sexual intercourse, he must Ø Acquittal of one of the defendants
know her to be married. does not operate as a cause of
acquittal of the other.
IMPORTANT POINTS REGARDING THIS
ARTICLE: Effect of death of paramour:
Ø Offending wife may still be

Ø Offended party must be legally
married to the offender at the time of prosecuted.
the criminal case. Ø The requirement that both
offenders should be included in the
Ø There is adultery even if the marriage complaint is absolute only when
of the guilty woman with the offended the two offenders are alive.
husband is subsequently declared
Effect of death of offended party:
void.
Ø Carnal knowledge may be proved by Ø The proceedings may continue.

circumstantial evidence.
Ø Pardon by the offended party to be
o Direct proof of carnal effective must be granted to both
knowledge is not necessary. offenders before the institution of
criminal proceedings.
Ø Each sexual intercourse constitutes a
crime of adultery. Acts of intercourse w/ the offending
spouse subsequent to adulterous conduct
is an implied pardon.
Ø Even if the husband pardons the
adulterous wife, such pardon would
not exempt the wife and her Ø An express pardon is not
paramour from criminal liability for necessary.
adulterous acts committed after the Ø An express pardon operates as
pardon had been granted, because the such whether the sexual
pardon refers to previous and not to intercourse accompanies the same
or not.
subsequent adulterous acts. (Cuello
Calon, Derecho Penal, and Viada, and
Groizard) Effect of consent:
Ø What is the essence of the crime of 1. People v. Sensano and Ramos

adultery? The husband, knowing that his wife, after
o the danger of introducing serving sentence for adultery, resumed
spurious heirs into the family, living with her co-defendant, did nothing
where the rights of the real to interfere with their relations or to
heirs may be impaired and a assert his rights as husband. The second
man may be charged with the charge of adultery should be dismissed
because of consent.

o the home of the husband and

Agreement to separate wife even if the wife happens to
be temporarily absent on any
Ø may be used as evidence to show account
consent by the husband to the
infidelity of his wife o a house constructed from the
proceeds of the sale of the
Ø Under the law, there is no accomplice conjugal properties of the
in adultery. spouses
B. Concubinage o That the wife never had a chance

to reside therein or that the
husband used it with his
2. ARTICLE 334. CONCUBINAGE mistress instead, does not
detract from its nature.
Elements:
1) The man is married; Concubinage by having sexual
2) He is either: intercourse under scandalous
i. keeping a mistress in the circumstances
conjugal dwelling; or
ii. having sexual intercourse, Ø only occurs when the mistress is
under scandalous kept elsewhere (outside of the
circumstances, with a woman conjugal dwelling)
who is not his wife; or
iii. cohabiting with a woman who Ø ‘Scandal circumstance’ - consists
is not his wife in any other in any reprehensible word or deed
place. that offends public conscience,
3) As regards the woman, she knows redounds to the detriment of the
that the man is married. feelings of honest persons, and
gives occasion to the neighbors’
spiritual damage or ruin. (this is
IMPORTANT POINTS REGARDING THIS essential only in concubinage of
ARTICLE: the 2nd type)
Acts punishable: Ø There is scandal when:
1) Keeping a mistress in the conjugal 1) a married man and his mistress

dwelling; live in the same room of a
2) Having sexual intercourse, under house
scandalous circumstances; 2) they appear together in public
3) Cohabiting with her in any other and perform scandalous acts
place.
Ø “under scandalous circumstances”
Ø Concubinage is a violation of the
marital vow. o the act of sexual intercourse
w/c may be proved by
Ø A married man is not liable for circumstantial evidence.
concubinage for mere sexual relations
with a woman not his wife. Ø When spies are employed, there is
no evidence of scandalous
Ø The woman becomes liable only when circumstances.
she knew him to be married prior to
the commission of the crime. Ø People in the vicinity are the best
witnesses to prove scandalous
Ø Who is a mistress? circumstances.
o a woman taken by the accused Ø In the third way of committing the

to live with him in the conjugal crime, mere cohabitation is
dwelling, as his concubine sufficient.
o ‘Keeping a mistress in the o Proof of scandalous

conjugal dwelling’ – no positive circumstances is not necessary.
proof of actual intercourse
necessary “cohabit”
Ø What is a conjugal dwelling? o to dwell together as husband

and wife for a period of time

(i.e. a week, a month, or a the constructive constituting the

year, or longer) element of force. offense of grave
coercion.
Ø Adultery is more severely punished Must be Moral compulsion
than concubinage. accompanied by amounting to
acts of intimidation is
o Reason: Offended husband lasciviousness or sufficient.
may have another man’s son lewdness.
bearing his (husband’s) name
and receiving support from Abuses against chastity (Art. 245)
him. distinguished from acts of lasciviousness
(Art. 336)
Acts of Lasciviousness Offenses against Abuses against

Chastity Chastity
Committed by a Committed by a
3. ARTICLE 336. ACTS OF private individual, public officer only
LASCIVIOUSNESS in most cases
Some act of Mere immoral or
Elements: lasciviousness indecent proposal
1) Offender commits any act of should have been made earnestly and
lasciviousness or lewdness; executed by the persistently is
2) The act is committed against offender. sufficient.
a person of either sex;
3) It is done under any of the ff. Acts of lasciviousness distinguished from
circumstances: attempted rape
i. By using force or
intimidation; or Acts of Attempted Rape
ii. When the offended party Lasciviousness
is deprived of reason or Same means of committing the crime:
otherwise unconscious; 1) force, threat, or intimidation is
iii. By means of fraudulent employed; or
machination or grave 2) by means of fraudulent
abuse of authority; or machination or grave abuse of
iv. When the offended party authority; or
is under 12 yrs. of age or 3) the offended party is deprived of
is demented. reason or otherwise unconscious;
or
4) victim is under 12 yrs. of age or is
Ø Motive of lascivious acts is not demented
important because the essence of Offended party is a person of either sex.
lewdness is in the very act itself. The performance of acts of lascivious
character
Ø Example: If the kissing etc. was done Acts performed do Acts performed
inside church, absence of lewd not indicate that the clearly indicate
designs may be proven, and the crime accused was to lie that the accused’s
is unjust vexation only. But if the w/ the offended purpose was to lie
kissing was done in the house of a party. w/ the offended
woman when she was alone, the woman.
circumstances may prove the Lascivious acts are Lascivious acts
accused’s lewd designs. the final objective are only the
sought by the preparatory acts
Ø Absent any of the circumstances of offender. to the commission
rape under the 3rd element, the crime of rape.
is UNJUST VEXATION.
Ø Consider the act and the environment
Ø Lascivious intent is implied from the to distinguish between Acts of
nature of the act and the surrounding Lasciviousness and Attempted Rape.
circumstances.
Acts of lasciviousness distinguished from Ø Desistance in the commission of
grave coercion attempted rape may constitute acts of
lasciviousness.
Acts of Grave Coercion
Lasciviousness
Compulsion or Compulsion or
force is included in force is the very act

RA 7610 Two classes of qualified seduction:

SPECIAL PROTECTION OF CHILDREN
AGAINST CHILD ABUSE, EXPLOITATION, 1. Seduction of a virgin over 12 years and
AND DISCRIMINATION under 18 years of age by certain
persons, such as a person in authority,
1. People v. Famularcano priest, teacher; and
The accused followed the victim, held 2. Seduction of a sister by her brother, or
her, embraced her, tore her dress, and descendant by her ascendant,
tried to touch her breast. regardless of her age or reputation.
When a complaint for acts of
lasciviousness was filed against him, Ø Virginity: a woman of chaste
accused claimed that he had no intention character and of good reputation.
of having sexual intercourse with her and o The offended party need not be
that he did the acts only as revenge. physically a virgin.
Trial Court found the accused guilty of
FRUSTRATED ACTS OF LASCIVIOUSNESS. Ø No sexual intercourse and only acts of
HELD: There is no frustrated crime lewdness are performed, the crime is
against chastity which includes acts of acts of lasciviousness.
lasciviousness, adultery, and rape. From
the moment the offender performs all the Ø If any of the circumstances in the
elements necessary for the existence of crime of rape is present, the crime is
the felony, he actually attains his not to be punished under Art. 337.
purpose. Motive of revenge is of no
consequence since the element of Ø The accused charged with rape cannot
lewdness is in the very act itself. be convicted of qualified seduction
under the same information.
Ø NO attempted and frustrated acts of
lasciviousness.
RA 7877 Ø Who are persons liable under this

ANTI-SEXUAL HARASSMENT ACT OF 1995 article?
1. Those who abused their authority:

D. Qualified Seduction
i. Person in public authority;
ii. Guardian;
Two kinds of seduction:
iii. Teacher;
iv. Person who, in any capacity, is
1. Qualified seduction (Art. 337)
entrusted with the education or
2. Simple seduction (Art. 338)
custody of the woman seduced.
2. Those who abused confidence
reposed in them:
4. ARTICLE 337. QUALIFIED
i. Priest;
SEDUCTION
ii. House servant;
iii. Domestic
Elements:
3. Those who abused their
1) Offended party is a virgin, which
relationship:
is presumed if she is unmarried
i. Brother who seduced his sister;
and of good reputation;
ii. Ascendant who seduced his
2) She must be over 12 and under
descendant.
18 yrs. of age;
3) Offender has sexual intercourse
Ø “Domestic”: a person usually living
with her;
under the same roof, pertaining to the
4) There is abuse of authority,
same house.
confidence, or relationship on
the part of the offender.
Ø Not necessary that the offender be the
teacher of the offended party; it is
sufficient that he is a teacher in the
Ø Seduction: enticing a woman to same school.
unlawful sexual intercourse by
promise of marriage or other means Ø Qualified seduction may also be
of persuasion without use of force. It committed by a master to his servant,
applies when there is abuse of or a head of the family to any of its
authority (qualified seduction) or members.
deceit (simple seduction).
Ø Qualified seduction of a sister or
descendant, also known as INCEST, is
punished by a penalty next higher in

degree. The age, reputation, or Means: Requires the Requires

virginity of the sister or descendant is taking away abuse of
irrelevant. The relationship need not of the victim authority,
be legitimate. w/ her confidence
consent or
1. People v. Fontanilla relationship
A 15-year old virgin, who was brought by Act: Offender Taking away
her mother to the house of the accused has sexual with lewd
and his wife to serve as a helper, intercourse. designs
repeatedly yielded to the carnal desires Wronged: The girl The girl’s
of the accused, as she was induced by his family
promises of marriage and frightened by
his acts of intimidation. Ø That the girl gave consent to the
HELD: DECEIT, although an essential sexual intercourse is not a defense.
element of ordinary or simple seduction,
does not need to be proved or E. Simple Seduction
established in a charge of qualified
seduction. It is replaced by ABUSE OF
CONFIDENCE. 5. ARTICLE 338. SIMPLE SEDUCTION
F. Babanto v. Zosa Elements:

The accused, a policeman, brought a 13- 1) Offended party is over 12 and
year old girl with low mentality, to the under 18 yrs. of age;
ABC Hall where he succeeded in having 2) She is of good reputation, single
sexual intercourse with her. The or widow;
complaint did not allege that the girl was 3) Offender has sexual intercourse
a virgin. The accused was charged with with her;
RAPE but convicted of QUALIFIED 4) It is committed by means of
SEDUCTION. deceit.
HELD: Though it is true that virginity is
presumed if the girl is over 12 but under
Ø What is the purpose of the law?
18, unmarried and of good reputation,
virginity is still an essential element of
o To punish the seducer who by
the crime of qualified seduction and must
means of promise of marriage,
be alleged in the complaint. Accused is
destroys the chastity of an
guilty of RAPE, considering the victim’s
unmarried female of previous
age, mental abnormality and deficiency.
chaste character
There was also intimidation with the
accused wearing his uniform.
Ø Virginity of offended party is not
required, good reputation is sufficient.
G. Perez v. CA
Perez succeeded in having sexual
Ø Deceit generally takes the form of
intercourse with Mendoza after he
unfulfilled promise of marriage.
promised to marry her. As he did not
make good on said promise, Mendoza
filed a complaint for Consented
Ø What about unfulfilled promise of
Abduction. Trial Court found that the acts
material things, as when the woman
constituted seduction, acquitting him on
agrees to sexual intercourse in
the charge of Consented Abduction.
exchange for jewelry?
Mendoza then filed a complaint for
Qualified Seduction. Perez moved to
dismiss the case on the grounds of
o This is not seduction because
double jeopardy.
she is a woman of loose
HELD: There are similar elements
morals.
between consented abduction and
qualified seduction, namely:
Ø Promise of marriage after sexual
1) the offended party is a virgin,
intercourse does not constitute deceit.
and
2) over 12 but under 18 yrs. of age
Ø Promise of marriage by a married man
However, an acquittal for CONSENTED
is not a deceit, if the woman knew
ABDUCTION will not preclude the filing of
him to be married.
a charge for QUALIFIED SEDUCTION
because the element of the two crimes
Ø Seduction is not a continuing offense.
are different.
F. Acts of Lasciviousness with the
Consented Qualified
Consent of the Offended Party
Abduction Seduction
disqualification (As amended by BP

6. ARTICLE 339. ACTS OF 92).
LASCIVIOUSNESS WITH THE
CONSENT OF THE OFFENDED PARTY Ø Habituality or abuse of authority or
confidence is not necessary.
Elements:
1) Offender commits acts of Ø It is not necessary that the unchaste
lasciviousness or lewdness; acts shall have been done.
2) The acts are committed upon a
woman who is a virgin or single Ø Mere proposal will consummate the
or widow of good reputation, offense.
under 18 yrs. of age but over 12
yrs., or a sister or descendant, RA 7610
regardless of her reputation or SPECIAL PROTECTION OF CHILDREN
age AGAINST CHILD ABUSE, EXPLOITATION,
3) The offender accomplishes the AND DISCRIMINATION ACT
acts by abuse of authority,
confidence, relationship, or Ø There is a crime of ATTEMPTED CHILD
deceit. PROSTITUTION. (Sec. 6, RA 7610)
H. White Slave Trade

Ø It is necessary that it be committed
under circumstances which would Acts penalized under Art. 341:
make it qualified or simple seduction
had there been sexual intercourse, 1. Engaging in business of prostitution
instead of acts of lewdness only. 2. Profiting by prostitution
3. Enlisting the services of women for the
Ø When the victim is under 12 yrs., the purpose of prostitution.
penalty shall be one degree higher
than that imposed by law. Ø Habituality is not a necessary element
of white slave trade.
Art. 336 distinguished from Art. 339
Ø ‘Under any pretext’ – one who
Acts of Acts of engaged the services of a woman
Lasciviousness Lasciviousness allegedly as a maid, but in reality for
(Art. 336) (Art. 339) prostitution, is guilty under this
Committed under Committed under article.
circumstances w/c, circumstances w/c,
had there been had there been Ø Victim is under 12 yrs., penalty shall
carnal knowledge, carnal knowledge, be one degree higher.
would amount to would amount to
rape either qualified or Ø Offender need not be the owner of the
simple seduction house.
Offended party is a Offended party
female or male should only be Ø Maintainer or manager of house of ill-
female repute need not be present therein at
the time of raid or arrest.
G. Corruption of Minors
Corruption of White Slave Trade
Act punishable: The promotion or Minors
facilitation of the prostitution or Minority of victims Minority is not
corruption of persons under age essential required
(minors), to satisfy the lust of another Victims may be Applies only to
male or female females
Ø Who can be liable? May not necessarily Generally for profit
be for profit
o Any person Committed by a Generally
single act committed
o Punishable by prision mayor habitually
o A public officer or employee,

including those in government-
owned or controlled corporations
o shall also be penalized by

temporary absolute

I. Forcible Abduction o The act of the offender is

violative of the individual
liberty of the abducted, her
9. ARTICLE 342. FORCIBLE honor and reputation, and
ABDUCTION public order.
Elements: Forcible abduction distinguished from

1) The person abducted is any grave coercion
woman, regardless of her age,
civil status or reputation; Forcible Abduction Grave Coercion
2) The abduction is against her will;
3) The abduction is with lewd There is violence or intimidation by the
designs. offender.
The offended party is compelled to do
something against her will.
Ø Abduction: the taking away of a Abduction is No lewd design,
woman from her house or the place characterized by provided that there
where she may be for the purpose of lewd design. is no deprivation of
carrying her to another place with the liberty for an
intent to marry or to corrupt her. appreciable length
of time.
Two kinds of abduction: Forcible abduction distinguished from

corruption of minors
1. Forcible abduction (Art. 342)
2. Consented abduction (Art. 343) Forcible Abduction Corruption of
Minors
Crimes against chastity where age and Purpose is to effect Purpose is to lend
reputation are immaterial: his lewd designs on the victim to illicit
the victim. intercourse with
1. Acts of lasciviousness against the will others.
or without the consent of the offended
party Forcible abduction distinguished from
2. Qualified seduction of sister or kidnapping / serious illegal detention
descendant
3. Forcible abduction Forcible Abduction Serious Illegal
Detention
Ø The taking away of the woman may be There is There is
accomplished by means of deceit first deprivation of deprivation of
and then by means of violence and liberty and lewd liberty and no lewd
intimidation. designs. designs.
Commission of
Ø If the female abducted is under 12, other crimes during
the crime is forcible abduction, even if confinement of
she voluntarily goes with her victim is immaterial
abductor. to the charge of
kidnapping w/
Ø Sexual intercourse is not necessary in serious illegal
forcible abduction. detention.
Ø Lewd designs may be shown by the Forcible Abduction with Rape

conduct of the accused.
Ø a complex crime under Art. 48, and
Ø When there are several defendants, it not a special complex crime
is enough that one of them had lewd
designs.
1. People v. Sunpongco
Ø Husband is not liable for abduction of The victim was abducted by the accused
his wife, as lewd design is wanting. and was brought to a hotel where the
latter succeeded in having sexual
Ø Attempt to rape is absorbed in the intercourse with her.
crime of forcible abduction, thus there HELD: The elements of both rape and
is no complex crime of forcible forcible abduction are proven. The
abduction with attempted rape. presence of lewd designs in forcible
abduction is manifested by the
Ø What is the nature of the crime? subsequent rape of the victim.

2. People v. Jose J. Consented Abduction

This is the Maggie Dela Riva story
wherein Maggie was abducted and
brought to a hotel, where the 4 accused 10. ARTICLE 343. CONSENTED
took turns in raping her. ABDUCTION
HELD: While the first act of rape was
being performed, the crime of forcible Elements:
abduction had already been 1) Offended party is a virgin;
consummated, hence, forcible abduction 2) She is over 12 and under 18 yrs.
can only be attached to the first act of of age;
rape, detached from the 3 subsequent 3) Offender takes her away with her
acts of rape. consent, after solicitation or
cajolery from the offender;
3. People v. Alburo 4) The taking away is with lewd
The accused and 2 other men raped the designs.
victim. The victim was a jeepney
passenger who was prevented from
leaving the jeepney. She was taken to a Ø What is the purpose of the law?
remote place where she was raped.
HELD: The accused is guilty of FORCIBLE o To prescribe punishment for
ABDUCTION WITH RAPE. It was proven the disgrace to her family and
that the victim was taken against her will the alarm caused by the
and with lewd design, and was disappearance of one who is,
subsequently forced to submit to the by her age and sex,
accused’s lust, rendering her unconscious susceptible to cajolery and
in the process. deceit.
Forcible abduction with rape Ø If the virgin is under 12 or is deprived

distinguished from kidnapping (with of reason, the crime is forcible
rape) abduction because such is incapable
of giving a valid consent.
Forcible Abduction Kidnapping (with
with Rape rape) Ø The taking away of the girl need not
The violent taking Not so motivated be with some character of
of the woman is permanence.
motivated by lewd
designs. Ø Offended party need not be taken
Crime against Crime against from her house.
chastity liberty
Ø When there was no solicitation or
Ø There can only be one complex crime cajolery and no deceit and the girl
of forcible abduction with rape. voluntarily went with the man, there
is no crime committed even if they
4. People v. Godines had sexual intercourse.
The victim witnessed the killing of
another by the 2 accused. Upon seeing K. Prosecution of private offenses
her, the accused dragged her to a vacant (adultery, concubinage, seduction,
lot where they took turns in raping her. abduction, and acts of lasciviousness)
TC convicted them of rape.
HELD: FORCIBLE ABDUCTION is absorbed Ø Who may file the complaint?
in the crime of RAPE if the main objective
is to rape the victim. o Adultery and concubinage must
be prosecuted upon complaint
Ø Conviction of acts of lasciviousness is signed by the offended spouse.
not a bar to conviction of forcible
abduction. 1. Pilapil v. Ibay-Somera
A foreigner, married to a Filipina, was
able to obtain a decree of divorce in
another country against the latter. After
the issuance of the decree of divorce, the
foreigner filed 2 complaints of adultery
against the accused.
HELD: The person who initiates an
ADULTERY / CONCUBINAGE case must be
an offended spouse, and by this is meant
that he is still married to the accused

spouse, at the time of the filing of the Ø Pardon must exist before the
complaint. institution of the criminal action.
o Seduction, abduction, or acts of Ø Both offenders must be pardoned

lasciviousness must be by the offended party.
prosecuted upon complaint Ø Delay in the filing of complaint, if
signed by-- satisfactorily explained, does not
2) offended party indicate pardon.
3) her parents Ø Condonation or forgiveness of one
4) grandparents, or act of adultery or concubinage is
5) guardians, in the order in not a bar to prosecution of similar
which they are named acts that may be committed by the
above. offender in the future.
Ø The court motu proprio can dismiss Consent:

the case for failure of the aggrieved
party to file the proper complaint even Ø may be express or implied
if the accused never raised the Ø given before the adultery or
question on appeal. concubinage was committed
Ø Agreement to live separately may
Ø Crimes against chastity cannot be be evidence of consent.
prosecuted de oficio. Ø Affidavit showing consent may be
a basis for new trial.
Adultery and Concubinage
Seduction, abduction, acts of
Ø The offended party cannot institute lasciviousness
criminal prosecution without including
BOTH the guilty parties if they are Ø Must be prosecuted upon the
alive. complaint signed by:
Ø Consent and pardon bar the filing of a 1) offended party

criminal complaint. i. even if a minor
ii. of legal age and not
Ø The imputation of a crime of incapacitated, only she can
prostitution against a woman can file the complaint
prosecuted de oficio. iii. minor or incapacitated and
refuses to file, either of the
Ø Both parties must be included in the following persons may file
complaint even if one of them is not 2) either of the parents
guilty. 3) either of the grandparents,
paternal or maternal side
Ø Prosecution of rape may be made 4) legal or judicial guardians
upon complaint by any person. 5) the State as parens patriae
when the offended party dies
Ø When the offended party is a minor, or becomes incapacitated
her parents may file the complaint. before she could file the
complaint and has no known
Ø When the offended party is of age and parents, grandparents, or
is in complete possession of her guardians
mental and physical faculties, she
alone can file the complaint. Effect of Pardon:
Ø Offended party cannot institute
Ø The term “guardian” refers to legal criminal proceedings if the
guardian. offender has been EXPRESSLY
Ø The complaint must be filed in court, pardoned by the offended party, or
not with the fiscal. her parents, grandparents or
Ø In case of complex crimes, where one guardian.
of the component offenses is a public Ø Pardon by the parent, grandparent,
crime, the criminal prosecution may or guardian must be accompanied
be instituted by the fiscal. by the express pardon of the
offended woman.
Effect of Pardon: Ø The right to file action of the
parents, grandparents and
Ø Pardon of the offenders by the guardian shall be EXCLUSIVE of
offended party is a bar to other persons and shall be
prosecution for adultery or exercised successively in the order
concubinage. provided.

Ø Pardon by the offended party who iv. other instances where the law
is a minor must have the prevents such
concurrence of parents, EXCEPT
when the offended party has no Ø The adulterer and the concubine can
parents. be sentenced only to indemnify for
damages caused to the offended
Ø When the offended party is a minor, spouse.
her parents may file the complaint.
Ø Under the RPC, there is no civil
Ø Offended party is of age and is in liability for acts of lasciviousness.
complete possession of her mental and
physical faculties, she alone can file Ø Art. 2219, CC: moral damages may be
the complaint. recovered in seduction, abduction,
rape, or other lascivious acts, as well
Ø The guardian must be legally appointed as in adultery and concubinage.
by the court.
Ø The parents of the female seduced,
Ø Rape complexed with another crime abducted, raped, or abused may also
against chastity need NOT be signed by recover moral damages.
the offended woman, since rape is a
public crime. Ø In multiple rape, all the offenders
must support the offspring.
Ø When the evidence fails to prove a
complex crime of rape with another Ø Art. 283 (1), CC: Judgment to
crime, and there is no complaint signed recognize the offspring may only be
by the offended woman, the accused given if there is pregnancy within the
CANNOT be convicted of rape. period of conception, which is within
120 days from the commission of the
Ø Marriage of the offender with the offense.
offended party in seduction, abduction,
acts of lasciviousness and rape, Ø In rape of a married woman, only
extinguishes criminal action or remits indemnity is allowed.
the penalty already imposed.
M. Liability of ascendants, guardians,
Ø Marriage (in cases of seduction, teachers or other persons entrusted
abduction, and acts of lasciviousness) with the custody of the offended party
extinguishes the criminal action even
as to co-principals, accomplices, and Persons who cooperate as accomplices
accessories. but are punished as principals in rape,
seduction, abduction, etc. (see list below
Ø Marriage must be entered into in good for the complete set of crimes referred to
faith. in this article):
1) ascendants
Ø Marriage may take place AFTER 2) guardians
criminal proceedings have commenced, 3) curators
or even after conviction (extinguishes 4) teachers, and
criminal action and remits penalty). 5) any other person, who cooperate as
accomplice with abuse of authority
L. Civil Liability of Persons Guilty of Crimes or confidential relationship
Against Chastity
Ø The teachers or persons entrusted
Civil liability of persons guilty of rape, with education and guidance of the
seduction or abduction: youth shall also be penalized with
disqualification.
1) To indemnify the offended woman
2) To acknowledge the offspring, unless “Crimes embraced in the 2nd, 3rd, & 4th of
the law should prevent him from this title”:
doing so 1) rape
3) In every case to support the offspring, 2) acts of lasciviousness
EXCEPT: 3) qualified seduction
i. in cases of adultery and 4) simple seduction
concubinage 5) acts of lasciviousness with consent
ii. where either of the offended party of the offended party
or accused is married 6) corruption of minors
iii. when paternity cannot be 7) white slave trade
determined, such as in multiple 8) forcible abduction
rape 9) consented abduction

XII. CRIMES AGAINST THE CIVIL STATUS OF PERSONS CRIMINAL LAW II
TITLE XII: CRIMES AGAINST THE CIVIL Ø Civil status seems to include one’s
STATUS OF PERSONS profession.
Crimes against the civil status of persons Ø There must be an intent to enjoy the
rights arising from the civil status of
1. Simulation of births, substitution of another.
one child for another and concealment
or abandonment of a legitimate child B. Illegal Marriages
(art. 347);
2. Usurpation of civil status (Art. 348);
3. Bigamy (Art. 349); 3. ARTICLE 349. BIGAMY
4. Marriage contracted against
provisions of law (Art. 350); Elements:
5. Premature marriages (Art. 351); 1. Offender has been legally
6. Performance of illegal marriage married;
ceremony (Art. 352). 2. The marriage has not been
legally dissolved or, in case his
or her spouse is absent, the
A. Simulation of births and Usurpation of absent spouse could not yet be
Civil Status presumed dead according to the
Civil Code;
3. He contracts a second or
1. ARTICLE 347. SIMULATION OF subsequent marriage;
BIRTHS, SUBSTITUTION OF ONE 4. The second or subsequent
CHILD FOR ANOTHER, AND marriage has all the essential
CONCEALMENT OR ABANDON- requisites for validity.
MENT OF A LEGITIMATE CHILD
Acts punished: Ø Good faith is a defense in bigamy.

1. Simulation of births;
2. Substitution of one child for Ø Failure to exercise due diligence to
another; ascertain the whereabouts of the first
3. Concealing or abandoning any wife is bigamy through reckless
legitimate child with intent to imprudence.
cause such child to lose its civil
status. Ø A judicial declaration of the nullity of
a marriage, that is, that the marriage
was void ab initio, is now required.
Illustration:
Ø One convicted of bigamy may also be
Ø People who have no child and who prosecuted for concubinage as both
buy and adopt the child without going are distinct offenses. The first is an
through legal adoption. offense against civil status, which
may be prosecuted at the instance of
Ø Same is true even if the child was the state; the second is an offense
kidnapped but they knew that the against chastity, and may be
kidnappers are not the real parents of prosecuted only at the instance of the
the child. offended party. The test is not
whether the defendant has already
Ø When the real parents make it appear been tried for the same act, but
in the birth certificate that the parents whether he has been put in jeopardy
who bought the child are the real for the same offense.
parents
2. ARTICLE 348. USURPATION OF

CIVIL STATUS
Ø This crime is committed when a

person represents himself to be
another and assumes the filiation or
the parental or conjugal rights of such
another person.

XII. CRIMES AGAINST THE CIVIL STATUS OF PERSONS CRIMINAL LAW II
2. ARTICLE 350. MARRIAGE 6. ARTICLE 352. PERFORMANCE OF

CONTRACTED AGAINST ILLEGAL MARRIAGE CEREMONY
PROVISIONS OF LAWS (ILLEGAL
MARRIAGE) PERSONS LIABLE:
Priests or ministers of any
Elements: religious denomination or sect, or
1. Offender contracted marriage; civil authorities who shall perform or
2. He knew at the time that – authorize any illegal marriage
a. The requirements of the law ceremony
were not complied with; or
b. The marriage was in
disregard of a legal
impediment.
Ø Bigamy is a form of illegal marriage.

Illegal marriage includes also such
other marriages which are performed
without complying with the
requirements of law, or marriages
where the consent of the other is
vitiated, or such marriage which was
solemnized by one who is not
authorized to solemnize the same.
5. ARTICLE 351. PREMATURE

MARRIAGE
Persons liable:
1. A widow who is married
within 301 days from the
date of the death of her
husband, or before having
delivered if she is pregnant
at the time of his death;
2. A woman who, her marriage
having been annulled or
dissolved, married before
her delivery or before the
expiration of the period of
301 days after the date of
the legal separation.
Ø The Supreme Court considered the

reason behind making such marriages
within 301 days criminal, that is,
because of the probability that there
might be a confusion regarding the
paternity of the child who would be
born.
If this reason does not exist because
the former husband is impotent, or
was shown to be sterile such that the
woman has had no child with him,
that belief of the woman that after all
there could be no confusion even if
she would marry within 301 days may
be taken as evidence of good faith and
that would negate criminal intent.

XIII. CRIMES AGAINST HONOR CRIMINAL LAW II
TITLE XIII: CRIMES AGAINST HONOR Ø When the alleged defamation is

directed at a group or class, it is
1. Libel by means of writing or similar essential that the statement must be
means (Art. 355); –
2. Threatening to publish and offer to • so sweeping or all-embracing as to
prevent such publication for apply to every individual in that
compensation (Art. 356); group or class; OR
3. Prohibited publication of acts referred
to in the course of official proceedings • sufficiently specific so that each
(Art. 357); individual in the class or group can
4. Slander (Art. 358); prove that the defamatory
5. Slander by deed (Art. 359); statement specifically pointed to
6. Incriminating innocent person (Art. him, so that he can bring the
363); action separately, if need be
7. Intriguing against honor (Art. 364) (Newsweek Inc. vs. IAC).
A. Libel 1. Borjal v. CA (1999)

• For a statement to be considered
malicious, it must be shown that it
ARTICLE 353. DEFINITION OF LIBEL was written or published with the
knowledge that they are false OR
Elements: in reckless disregard of WON they
1) There must be an imputation of– were false
i. a crime, o RECKLESS DISREGARD – the
ii. a vice or defect, real or defendant entertains serious
imaginary, OR doubt as to the truth of the
iii. any act, omission, condition, publication, OR that he
status, or circumstance; possesses a high degree of
2) The imputation must be made awareness of their probable
publicly; falsity
3) It must be malicious;
4) The imputation must be directed at • To avoid self-censorship that
a natural or juridical person, or one would necessarily accompany
who is dead; strict liability for erroneous
5) The imputation must tend to cause statements, rules governing
the dishonor, discredit or contempt liability for injury to reputation are
of the person defamed. required to allow an adequate
margin of error by protecting some
inaccuracies.
IMPORTANT POINTS TO REMEMBER 2. People v. Velasco (2000)

ABOUT THIS ARTICLE: • DOCTRINE OF FAIR COMMENT: Fair
commentaries on matters of public
Ø A man’s reputation is the estimate in interest are privileged and
which others hold him. constitute a valid defense in an
action for libel or slander.
Ø Test of the defamatory character of
words used: • In order that a discreditable
• Whether they are calculated to imputation to a public official may
induce the hearers to suppose and be actionable, it must either be:
understand that the person against o A false allegation of fact; OR
whom they were uttered was o A comment based on a false
guilty of certain offenses; or supposition.
• are sufficient to impeach his 3. Ayer Productions v. Capulong (1988)

honesty, virtue or reputation, or to • PUBLIC FIGURE – one who, by his
hold him up to public ridicule. accomplishments, fame, mode of
living, OR by adopting a profession
Ø There is no crime if the defamatory or calling which gives the public a
imputation is not published, meaning, legitimate interest in his doings,
it is not communicated to a third his affairs and his character, has
person. become a “public personage”
Ø It is essential that the victim be

identifiable, although it is not ARTICLE 354. REQUIREMENT FOR
necessary that he be named. PUBLICITY

Ø MALICE IS PRESUMED in every à Unnecessary publicity destroys good

defamatory imputation, EXCEPT in faith.
privileged communications, namely:
• A private communication to an
officer or a board, or superior, ARTICLE 355. LIBEL BY WRITING OR
having some interest or duty in the SIMILAR MEANS
matter, made by any person in the
performance of any legal, moral or Libel may be committed by means of:
social duty; 1) Writing;
2) Printing;
• A fair and true report, made in 3) Lithography;
good faith, without any comments 4) Engraving;
or remarks, of 5) Radio;
o any judicial, legislative or 6) Photograph;
other official proceedings 7) Painting;
which are not of confidential 8) Theatrical exhibition;
nature, OR 9) Cinematographic exhibition; or
o any statement, report or 10) Any similar means.
speech delivered in said
proceedings, OR
o any other act performed by IMPORTANT POINTS TO REMEMBER
public officers in the ABOUT THIS ARTICLE:
exercise of their functions.
Ø Defamation through amplifier system
Ø Privileged statements are of 2 kinds: is slander not libel.
• Absolute – NOT actionable at all
o Statements by lawyers in Ø If defamatory remarks are made in
pleadings which are relevant the heat of passion which culminated
to the case in a threat, the derogatory statements
o Statements made in the will not constitute an independent
course of judicial crime of libel but a part of the more
proceedings, REGARDLESS serious crime of threats.
of their defamatory tenor
and the presence of malice Ø In a libel case filed in August 2006
against RP Nuclear Solutions and
• Qualified – allows plaintiff to prove blogger Abe Olandres, the Pasig City
malice IN FACT Prosecutor dismissed the charges
o Statements by lawyers in against them because they have no
pleadings which are NOT participation in the creation nor
relevant to the case authority to modify the content of the
site being hosted where the allegedly
Ø The presumption of malice is libelous remarks were posted.2
REBUTTED, if it is shown by the • The prosecutor however ordered
accused that – the filing of cases against two
• The defamatory imputation is true, other respondents who never
IN CASE the law allows proof of denied authorship of the posted
the truth of the imputation; comments.
• It is published with good intention; Ø It remains debatable when the

AND moment of publication occurs with
respect to statements made over the
• There is justifiable motive for Internet.3
making it. • One view holds that there is
publication once the statement is
MALICE IN LAW MALICE IN FACT uploaded or posted on a website.
• Presumed from • To be proved by
defamatory prosecution ONLY • The other view maintains that
character of IF malice in law publication occurs only when
statement has been rebutted another person gains access or
• Statement is • Can be negated reads the statement on the site.
presented to by evidence of:
court, and the o Good motives
latter will decide AND Justifiable
whether it is ends; or 2
defamatory or not o Privileged http://newsinfo.inquirer.net/breakingnews/infotech/view

_article.php?article_id=68456
character
…
printed media • Can be grave

ARTICLE 356. THREATENING TO or simple
PUBLISH AND OFFER TO PREVENT
SUCH PUBLICATION FOR A
COMPENSATION B. ARTICLE 358. SLANDER
Acts Punished: Factors that determine the gravity

1) Threatening another to publish a of the oral defamation:
libel concerning – 1. expressions used
i. him, 2. personal relations of the
ii. his parents, accused and the offended
iii. spouse, party.
iv. child, or 3. the surrounding circumstances.
v. other members of his family; 4. social standing and position of
2) Offering to prevent the publication the offended party.
of such libel for compensation or
money consideration.
C. ARTICLE 359. SLANDER BY

DEED
ABOUT THIS ARTICLE: Elements:
1) Offender performs any act not
Ø The essence of this crime is blackmail, included in any other crime
which is defined as any unlawful against honor;
extortion of money by threats of 2) Such act is performed in the
accusation or exposure. presence of other person or
persons;
Ø Blackmail can also be in the form of 3) Such act casts dishonor,
light threats, which is punished under discredit or contempt upon the
ARTICLE 283. offended party.
ARTICLE 357. PROHIBITED ALSO of two kinds:

PUBLICATION OF ACTS REFERRED TO à Simple
IN THE COURSE OF OFFICIAL à Grave: of a serious nature
PROCEEDINGS
COMPARE:
Elements:
1) Offender is a reporter, editor or ACTUS REUS resulting in ANNOYANCE =
manager of a newspaper, daily or UNJUST VEXATION
magazine;
2) He publishes facts connected with ACTUS REUS resulting in DAMAGE TO
the private life of another; PROPERTY =
3) Such facts are offensive to the honor, MALICIOUS MISCHIEF
virtue and reputation of said person.
ACTUS REUS + PUBLICITY resulting in
IMPORTANT POINTS TO REMEMBER DISHONOR = SLANDER BY DEED
ABOUT THIS ARTICLE:
à This article is referred to as the Gag
Law. ACTUS REUS + CIRCUMSTANCES IN RAPE
(NO CARNAL KNOWLEDGE) + LEWD
à Newspaper reports on cases pertaining DESIGNS =
to adultery, divorce, legitimacy of ACTS OF LASCIVIOUSNESS
children, etc. are barred from publication.
à Under RA 1477, a newspaper reporter

cannot be compelled to reveal the source
of the news report he made, UNLESS –
• the court or a House or committee
of Congress finds that such
revelation is demanded by the
security of the state.
LIBEL SLANDER
• Defamation is • Oral
in writing OR defamation

D. General Provisions Where to file the criminal action?

Who is the offended party?
ARTICLE 360. PERSONS
RESPONSIBLE FOR LIBEL
CFI of the province or
1. The person who publishes, city where the libelous
exhibits or causes the article is printed and
first published
publication or exhibition of
PUBLIC OFFICER
any defamation in writing or
similar means. CFI of the province or
2. The author or editor of a city where he held
office at the time of the
book or pamphlet. commission of the
offense
3. The editor or business
manager of a daily
CFI of the province or
newspaper magazine or
city where the libelous
serial publication. article is printed and
PRIVATE PERSON first published
4. The owner of the printing
plant which publishes a CFI of the province or
libelous article with his city where he actually
consent and all other persons resided at the time of
the commission of the
who in any way participate in offense
or have connection with its
publication.
ARTICLE 361. PROOF OF TRUTH

Ø Under Republic Act no. 8792, When admissible?
otherwise known as the
Electronic Commerce Act, a party or 1. When the act or omission imputed
constitutes a crime regardless of
person acting as a service provider
whether the offended party is a
incurs NO civil or criminal liability in private individual or a public officer.
the making, publication, 2. When the offended party is a
dissemination or distribution of Government employee, even if the
libelous material if: imputation does not constitute a
crime, provided it is related to the
a) the service provider does not discharge of his official duties.
have actual knowledge, or is not
aware of the facts or
circumstances from which it is
apparent that making, publication, IMPORTANT POINTS TO REMEMBER
dissemination or distribution of ABOUT THIS ARTICLE:
such material is unlawful or
infringes any rights; Ø RULE OF ACTUAL MALICE: Even if the
defamatory statement is false, NO
b) the service provider does not liability can attach IF it relates to
knowingly receive a financial official conduct, UNLESS ---
benefit directly attributable to the • The public official concerned
infringing activity; proves that the statement was
c) the service provider does not made with actual malice, i.e., with
directly commit any infringement knowledge that it was false or with
or other unlawful act and does not reckless disregard of whether it
induce or cause another person or was false or not
party to commit any infringement
or other unlawful act and/or does ARTICLE 362. LIBELOUS REMARKS
not benefit financially from the
infringing activity or unlawful act à Libelous remarks or comments
of another person or party (Section connected with the matter privileged
30, in relation to Section 5, E- under the provisions of Art. 354, if made
Commerce Law, cited in with malice, shall NOT exempt the author
http://thewarriorlawyer.com/200 thereof nor the editor or managing editor
7/03/04/libel-on-the-internet- of a newspaper from criminal liability.
under-philippine-law-part-ii/)

E. Incriminatory Machinations
à This crime is committed by any person
who shall make any intrigue which has
ARTICLE 363. INCRIMINATING for its principal purpose to blemish the
INNOCENT PERSON honor or reputation of another person.
Elements:
1) Offender performs an act;
2) By such an act, he incriminates INTRIGUIN SLANDER INCRIMINATI
or imputes to an innocent G AGAINST NG INNOCENT
person the commission of a HONOR PERSON
crime; the source offender offender
3) Such act does not constitute of the made the performs an
perjury. defamator utterance, act by which
y utterance where the he directly
is source of incriminates
IMPORTANT POINTS TO REMEMBER unknown the or imputes to
ABOUT THIS ARTICLE: and the defamatory an innocent
offender nature of person the
Ø As far as this crime is concerned, this simply the commission of
has been interpreted to be possible repeats or utterance a crime
only in the so-called planting of passes the is known,
evidence. same to and
• If this act is resorted to, to enable blemish offender
officers to arrest the subject, the the honor makes a
crime is unlawful arrest through or republicati
incriminating innocent persons. reputation on thereof
of another
Ø This crime cannot be committed
through verbal incriminatory
statements.
INCRIMINATI PERJURY BY DEFAMA

NG INNOCENT MAKING TION
PERSON FALSE
ACCUSATIO
NS
act of planting giving of public
evidence and false and
the like in statement maliciou
order to under oath s
incriminate an or making a imputati
innocent false on
person affidavit, calculat
imputing to ed to
the person cause
the dishono
commission r,
of a crime discredi
t, or
contem
pt upon
the
offende
d party
ARTICLE 364. INTRIGUING AGAINST

HONOR
à Intriguing against honor is referred to

as gossiping: the offender, without
ascertaining the truth of a defamatory
utterance, repeats the same and pass it
on to another, to the damage of the
offended party.
QUASI-OFFENSES CRIMINAL LAW II
TITLE XIV: QUASI-OFFENSES o Otherwise, double jeopardy

would arise.
ARTICLE 365. IMPRUDENCE AND 1. Carillo v. People (1994)

NEGLIGENCE • The gravamen of SIMPLE
NEGLIGENCE is the failure to
Quasi-offenses punished: exercise the diligence necessitated
1. Committing through reckless
or called for by the situation which
imprudence any act which, had it
been intentional, would constitute
was NOT immediately life-
a grave or less grave felony or destructive BUT which culminated,
light felony; as in the present case, in the death
of a human being 3 days later.
2. Committing through simple
imprudence or negligence an act 2. Garcia-Rueda v. Pascasio (1997)
which would otherwise constitute • MEDICAL MALPRACTICE, which is a
a grave or a less serious felony; form of negligence, consists in the
failure of a physician or surgeon to
3. Causing damage to the property of
another through reckless
apply to his practice of medicine
imprudence or simple imprudence that degree of care and skill which
or negligence; is ordinarily employed by the
profession generally, under similar
4. Causing through simple conditions, and in like surrounding
imprudence or negligence some circumstances.
wrong which, if done maliciously,
would have constituted a light 3. Reyes v. Sis. of Mercy Hospital (2000)
felony.
• Elements involved in medical
negligence cases:
o Duty
o Breach
IMPRUDENCE NEGLIGENCE o Injury
• Both indicate a deficiency of o Proximate causation
action
• Failure in • Failure in Ø Acronym: D.B.P.I.
precaution advertence
• Requisites for the application of
res ipsa loquitur:
IMPORTANT POINTS TO REMEMBER o The accident was of a kind
ABOUT THIS ARTICLE: which does NOT ordinarily
Ø The rules for graduating penalties occur UNLESS someone is
(under Art. 64) based on mitigating negligent;
and aggravating circumstances are o The instrumentality or
NOT applicable to offenses punishable agency which caused the
thru criminal negligence. injury was under the
exclusive control of the
Ø QUALIFYING CIRCUMSTANCE: failure person in charge; and
to render immediate assistance to the o The injury suffered must
injured party NOT have been due to any
• This qualifying circumstance must voluntary action or
be distinguished from the contribution of the person
punishable OMISSION under injured.
Article 275.
• Ordinarily, only physicians and
Ø If the danger that may result from the surgeons of skill and experience
criminal negligence is clearly are competent to testify as to
perceivable, the imprudence is whether a patient has been treated
RECKLESS. If it could hardly be or operated upon with a
perceived, the criminal negligence reasonable degree of skill and
would only be simple. care.
o HOWEVER, testimony as to
Ø Criminal negligence is only a modality the statements and acts of
in incurring criminal liability. physicians and surgeons,
• THEREFORE, even if there are external appearances, and
several results arising from ONLY manifest conditions which
ONE CARELESSNESS, the accused are observable by any one
may only be prosecuted under one may be given by non-expert
count for the criminal negligence. witnesses.

QUASI-OFFENSES CRIMINAL LAW II
o When the doctrine of res

ipsa loquitur is appropriate,
all that the patient must do
is prove a nexus between
the particular act or
omission complained of and
the injury sustained while
under the custody and
management of the
defendant.
• Emergency Rule (as a defense):

one who suddenly finds himself in
a place of danger, and is required
to act without time to consider the
best means that may be adopted to
avoid the impending danger, is
NOT guilty of negligence, if he fails
to adopt what subsequently and
upon reflection may appear to
have been a better method
o UNLESS the emergency in
which he finds himself is
brought about by his own
negligence.

APPENDIX I: RA 9327 CRIMINAL LAW II
APPENDIX I: RA 9327
→ Intercept and record, with the use of
Policy (Sec. 2) any mode, form, kind or type of
→ Protect life, liberty and property from electronic or other surveillance
acts of terrorism; equipment of intercepting and
tracking devices, or with the use of
→ Condemn terrorism as inimical and any other suitable ways and means for
dangerous to the national security of that purpose, any communication,
the country and to the welfare of the message, conversation, discussion, or
people spoken or written words between
members of a judicially declared and
→ Make terrorism a crime against the outlawed terrorist organization,
Filipino people, against humanity and association or group of persons or of
against the law of nations any person charged with or suspected
of the crime of terrorism or of
Terrorism (Sec. 3) conspiracy to commit terrorism
→ Three-part definition:
1. predicate act, Formal Application for Judicial
2. results/consequences and Authorization (Sec. 8)
3. objective → There must be an ex parte application
by the police or law enforcement
1. Predicate acts official
a. Piracy and mutiny on high seas
(Art. 122) → The applicant must have been
b. Rebellion or insurrection (Art. 134) authorized in writing by the Anti-
c. Coup d’etat (Art. 134-A) Terrorism Council
d. Murder (Art. 248)
e. Kidnapping and Serious Illegal → Examination under oath or affirmation
Detention (Art. 267) of the applicant and the witnesses he
f. Arson (Art. 324*; PD 1613) may produce to esyablish:
g. RA No. 6969 (Toxic substances and a. there is probable cause to believe
Hazardous and Nuclear Waste based on personal knowledge of
Control Act of 1990) facts and circumstances that the
h. RA No. 5207 (Atomic Energy said crime of terrorism or
Regulatory and Liability Act of conspiracy to commit terrorism has
1968) been committed or is being
i. RA No. 6235 (Anti-Hijacking Law) committed or is about to be
j. PD No. 532 (Anti-Piracy and Anti- committed;
Highway Robbery Law of 1974) b. there is probable cause to believe
k. PD No. 1866 (Illegal Possession of based on personal knowledge of
Firearms and Ammunition) facts or circumstances that
evidence, which is essential to the
2. Results/Consequences conviction of any charged or
→ thereby sowing and creating a suspected person for, or to the
condition of widespread and solution or prevention of, any such
extraordinary fear and panic crimes, will be obtained, and
among the populace c. that there is no other effective
means readily available for
3. Objective acquiring such evidence
→ in order to coerce the
government to give in to an Proscription of Terrorist Organizations,
unlawful demand Association or Group of Persons (Sec. 17)
→ Any organization, association or group
→ Penalty is 40 years of imprisonment of persons organized for the purpose
without the benefit of parole of engaging in terrorism, or which
although not organized for this
Conspiracy to Commit Terrorism (Sec. 4) purpose, actually uses the acts to
→ Penalty is 40 years of imprisonment. terrorize shall, upon application of the
Department of Justice before a
Surveillance of suspects and interception competent Regional Trial Court, with
and recording of communications (Sec. due notice and opportunity to be
7) heard given to the organization,
→ Upon written order of the Court of association or group of persons
Appeals concerned, be declared as a terrorist
and outlawed organization,
→ “The provisions of RA 4200 to the association, or group of persons by
contrary notwithstanding” the court.

→ Authorize in writing any police or law

Periods of Detention without Judicial enforcement officer to:
Warrant of Arrest (Sec. 18) a. Examine, or cause the
→ The provisions of Article 125 of the examination of, the deposits,
Revised Penal Code to the contrary placements, trust accounts,
notwithstanding” assets and records in a bank or
financial institution; and
→ Custody of a person “charged with or b. Gather or cause the gathering of
suspected of the crime of terrorism or any relevant information about
the crime of conspiracy to commit such deposits, placements, trust
terrorism” accounts, assets, and records
from a bank or financial
→ Deliver to the proper judicial authority institution.
within a period of three days counted
from the moment the charged or Seizure and Sequestration (Sec. 39)
suspected person has been → The deposits and their outstanding
apprehended or arrested, detained balances of persons suspected of
and taken into custody. terrorism shall be seized, sequestered,
and frozen in order to prevent their
→ The arrest of the persons without a use, transfer, or conveyance for
judicial warrant must result from purposes that are inimical to the
surveillance under Sec. 7 and safety and security of the people or
examination of bank records under injurious to the interest of the State.
Sec. 27.
Expanded Role of the Commission
Periods of Detention in the Event of an on Human Rights (Sec. 55)
Actual or Imminent Terrorist Attack (Sec. → CHR shall give highest priority to the
19) investigation and prosecution of
→ Suspects may be detained for more violations of civil and political rights of
than 3 days with the written approval persons in relation to the
of the municipal, city, provincial or implementation of this Act;
regional official of a Human Rights
Commission or judge of the nearest → CHR given the concurrent jurisdiction
court, Sandiganbayan or CA. to prosecute public officials, law
enforcers, and other persons who may
Restriction on Travel (Sec. 26) have violated the civil and political
→ Situation contemplated: Bail is rights of persons suspected of,
granted because “evidence of guilt is accused of, or detained for the crime
not strong” of terrorism or conspiracy to commit
terrorism.
→ Court may, upon application of the
prosecution, limit the right to travel of Extraterritoriality (Sec. 58)
the accused to within the municipality → Subject to treaty, HSA shall apply to:
or city where he resides or where the 1. individual persons who commit
case is pending, in the interest of any of the crimes defined and
national security and public safety; punished within the territory of
→ May also be placed under house arrest the Philippines;
by order of the court at his or her 2. to individuals who, although
usual place of residence; while under physically outside the territory of
house arrest, he/she may not use the Philippines, commit, conspire
telephones, cellphones, emails, or plot to commit any of the
computers, the internet or other crimes defined in the HSA inside
means of communication with people the territory of the Philippines;
outside the residence until otherwise 3. to individuals who, although
ordered by the court. physically outside the territory of
the Philippines, commit any of the
Judicial Authorization Required to crimes defined on board any
Examine Bank Deposits, Accounts, and Philippine ship;
Records (Sec. 27) 4. to individuals who, although
→ Upon written order of the Court of physically outside the territory of
Appeals the Philippines, commit any of the
crimes defined within any
→ Provisions of Republic Act No. 1405 as embassy;
amended, to the contrary 5. to individuals who, although
notwithstanding physically outside the territory of
the Philippines, commit the
crimes defined against Filipinos

or persons of Philippine descent

where their ethnicity was a
factor;
6. to individuals who, although
physically outside the territory of
the Philippines, commit the
crimes directly against the
Philippines.
Special Effectivity Clause (Sec. 62)

→ The provisions of this Act shall be
suspended one month before and two
months after the holding of any
election.

APPENDIX II: CASE UPDATES CRIMINAL LAW II
APPENDIX II: CASE UDPATES affidavit. “Indeed, the State has lost its
right to prosecute Romualdez for the
Book 1 offenses pending before the
Page 35 | significant decisions Sandiganbayan and the Regional Trial
GR Nos. 165510-33, Romualdez v. Court of Manila,” the Court said.
Marcelo The Court also held that the silence
28 July 2006 in section 2 of RA 3326 as to whether the
absence of the offender from the
Granting his motion for reconsideration, Philippines bars the running of the
the Supreme Court dismissed on the prescriptive period can only be
ground of prescription the graft charges interpreted to mean that section 2 did
against former Ambassador Benjamin not intend such an interruption of the
“Kokoy” T. Romualdez, brother of former prescription unlike the explicit mandate
first lady Imelda Romualdez Marcos, of Article 91 of the Revised Penal Code.
pending before the Sandiganbayan and Under section 2, the prescriptive period
the Manila City Regional Trial Court in shall be interrupted “when proceedings
connection with his alleged failure to file are instituted against the guilty person.”
his Statements of Assets and Liabilities However, the Court noted that there is no
(SALs) for 1963-1985. such proceeding instituted against
Romualdez had been charged with Romualdez to warrant the tolling of the
violation of section 7 of RA 3019, the prescriptive periods of the offenses
“Anti-Graft and Corrupt Practices Act,” charged against him.
for allegedly failing to file his SALs for
1967-1985 during his tenure as
Ambassador Extraordinary and Criminal Procedure
Plenipotentiary and for 1963-1966 during GR No. 167693, People v. Cabalquinto
his tenure as Technical Assistant in the 19 September 2006
Department of Foreign Affairs. The Court The Court directed that names of
ruled that the prescriptive period of women and child victims in sexual abuse
Romualdez’s offenses began to run from cases be withheld in Supreme Court
the discovery of the offense in 1987 decisions “to respect the dignity and
when the PCGG filed the cases. The Court protect the privacy of women and child
noted that the prescriptive period for victims.” Instead, fictitious initials will be
offenses punishable under RA 3019 was used. Likewise, personal circumstances
only 10 years prior to its amendment to of the victim-survivors or any other
15 years by BP Blg. 195 in 1982 and that information tending to establish or
section 2 of RA 3326, “Act to Establish compromise their identities, as well as
Periods of Prescription for Violations those of their immediate family or
Penalized by Special Acts and Municipal household members, shall not be
Ordinances and to Provide When disclosed. The Court said its ruling
Prescription Shall Begin To Run,” states effectuates the provisions of RA 7610,
that “prescription shall begin to run from “The Special Protection of Children
the day of the commission of the Against Child Abuse, Exploitation, and
violation of the law, and if the same be Discrimination Act,” and its implementing
not known at the time, from the rules; RA 9262, or “The Anti-Violence
discovery thereof and the institution of Against Women and Their Children Act of
judicial proceedings for its investigation 2004,” and its implementing rules; and
and punishment.” the Court’s own “Rule on Violence
“The applicable 10-and-15-year Against Women and their Children.”
prescriptive periods in the instant case,
were not interrupted by any event from Book 1
the time they began to run on May 8, GR No. 166401, People v. Bon
1987. As a consequence, the alleged 30 October 2006
offenses committed by [Romualdez] for The Court ruled that RA 9346 not
the years 1962-1982 prescribed in 10 only prohibits the physical imposition of
years from May 8, 1986 or on May 8, the death penalty but also effectively
1997. On the other hand, the alleged removed the penalty of “death” from the
offenses committed by the petitioner for graduation of penalties under Article 71
the years 1983-1985 prescribed in 15 of the Revised Penal Code.
years from May 8, 1987 or on May 8, The Court also clarified that the
2002,” the Court said. prohibition against the death penalty did
Thus the Court ruled that not result in the reclassification of those
Romualdez’s alleged offenses had crimes previously defined as “heinous.”
already prescribed when the Office of the It underscored the fact that the
Special Prosecutor initiated the amendatory effects of the law pertain
preliminary investigation in 2004 by only to the application of the death
requiring the former to submit counter-

APPENDIX II: CASE UPDATES CRIMINAL LAW II
penalty and not to the classification of made in relation to Section 10(a) of RA

felonies. 7610 which provides:
While the Court conceded that it
had no choice but to adhere to Article 22 SEC. 10. Other Acts
of the Revised Penal Code and extend the of Neglect, Abuse, Cruelty
retroactive benefits of the enactment of or Exploitation and Other
RA 9346 to persons previously convicted Conditions Prejudicial to
of capital offenses (except habitual the Child’s Development. –
criminals), it stressed that “this decision
does not make operative the release of (a) Any person who
such convicts” as there are other shall commit any other acts
remedies under the law which could be of child abuse, cruelty or
utilized to secure the reasonable release exploitation or be
of such prisoners. responsible for other
conditions prejudicial to the
Book 1 child’s development
G.R. No. 139369, Sullon vs. People including those covered by
27 June 2005 Article 59 of PD No. 603, as
Self-Defense amended, but not covered
In order to consider that unlawful by the Revised Penal Code,
aggression was actually committed, it is as amended, shall suffer
necessary that an attack or material the penalty of prision
aggression, an offensive act positively mayor in its minimum
determining the intent of the aggressor period. (emphasis supplied)
to cause an injury shall have been made;
a mere threatening or intimidating The law expressly penalizes any
attitude is not sufficient to justify the person who commits other acts of
commission of an act which is punishable neglect, child abuse, cruelty or
per se, and allow a claim of justification exploitation or be responsible for other
on the ground that it was committed in conditions prejudicial to the child’s
self-defense. (emphasis ours) development including those covered by
Article 59 of PD 603 “but not covered by
Book 1 and 2 the Revised Penal Code.”
G. R. No. 160188, Valenzuela vs. People The “neglect of child” punished
21 June 2007 under Article 59(4) of PD 603 is also a
Who may be Liable for Theft crime (known as “indifference of
Unlawful taking, or apoderamiento, parents”) penalized under the second
is deemed complete from the moment the paragraph of Article 277 of the Revised
offender gains possession of the thing, Penal Code. Hence, it is excluded from
even if he has no opportunity to dispose the coverage of RA 7610.
of the same. We make no determination of
Unlawful taking, which is the petitioner’s guilt or innocence of the
deprivation of one’s personal property, is crime charged. The presumption of
the element which produces the felony in innocence in his favor still stands. What
its consummated stage. At the same has been ascertained is simply the
time, without unlawful taking as an act of existence of probable cause for
execution, the offense could only be petitioner’s indictment for the charge
attempted theft, if at all. against him, that is, whether there is
With these considerations, we can sufficient ground to engender a well-
only conclude that under Article 308 of founded belief that a crime has been
the Revised Penal Code, theft cannot committed and that petitioner is probably
have a frustrated stage. Theft can only be guilty thereof, and should thus be held
attempted or consummated. for trial. Petitioner’s guilt should still be
proven beyond reasonable doubt in
Special Penal Laws Criminal Case No. 0431-00.
G.R. No. 156013, De Guzman vs. Perez
25 July 2006
PD 603 and RA 7610
May a parent who fails or refuses
to do his part in providing his child the
education his station in life and financial
condition permit, be charged for neglect
of child under Article 59(4) of PD 603?
However, while petitioner can be
indicted for violation of Article 59(4) of
PD 603, the charge against him cannot be

APPENDIX III: SUGGESTED ANSWERS TO THE 07 BAR QUESTIONS CRIMINAL LAW II
APPENDIX III: SUGGESTED ANSWERS TO moment the place was raided by police,
THE 07 BAR QUESTIONS indicating that he never took part in the
pot session at all.
CRIMINAL LAW
Alternative Answer:
Section 7 of RA 9165 is relevant to
I. the case at bar.
(10%)
What are the penalties that may be Section 7. Employees and Visitors of a
served simultaneously? Den, Dive or Resort. - The penalty of
imprisonment ranging from twelve (12)
Answer: years and one (1) day to twenty (20)
According to Article 70 of the years and a fine ranging from One
Revised Penal Code, the penalties which hundred thousand pesos (P100,000.00)
could be simultaneously served are the to Five hundred thousand pesos
principal penalties and the following: (P500,000.00) shall be imposed upon:
1. perpetual absolute disqualification, (a) Any employee of a den, dive or
2. perpetual special disqualification, resort, who is aware of the nature
3. temporary absolute of the place as such; and
disqualification, (b)Any person who, not being
4. temporary special disqualification, included in the provisions of the
5. suspension, next preceding, paragraph, is
6. destierro, aware of the nature of the place as
7. public censure, such and shall knowingly visit the
8. fine and bond to keep the peace, same
9. civil interdiction, and
10.confiscation and payment of costs. A den, dive or resort is defined in
Section 1 of the said law as place
Alternative Answer: where any dangerous drug and/or
The penalties that may be served controlled precursor and essential
simultaneously are the principal with the chemical is administered,
accessory penalties. With the exception delivered, stored for illegal
when you are penalized with two counts purposes, distributed, sold or used
or more of death penalty. Several counts in any form.
of death penalty is simultaneously served
for the convict could only be executed
once. III.
(10%)
II. Jervis and Marlon asked their

(10%) friend, Jonathan, to help them rob a
Tiburcio asked Anastacio to join bank. Jervis and Marlon went inside the
their group for a "session". Thinking that bank, but were unable to get any money
it was for a mahjong session, Anastacio from the vault because the same was
agreed. Upon reaching Tiburcio’s house, protected by a time-delay mechanism.
Anastacio discovered that it was actually They contented themselves with the
a shabu session. At that precise time, the customer’s cellphones and a total of
place was raided by the police, and P5,000 in cash. After they dashed out of
Anastacio was among those arrested. the bank and rushed into the car,
What crime can Anastacio be Jonathan pulled the car out of the curb,
charged with, if any? Explain your hitting a pedestrian which resulted in the
answer. latter’s death.
What crime or crimes did Jervis,
Answer: Marlon and Jonathan commit? Explain
Based on the given facts, it would your answer.
seem that Anastacio MAY BE CHARGED
WITH violation of the comprehensive Answer:
dangerous drugs act. but for his Jervis, Marlon and Jonathan
exculpation, he may assert that he had committed a special complex crime of
no intention to perpetrate the same. robbery with homicide.
The facts of the case show that It is robbery with homicide
Anastacio was invited by Tiburcio to go because the original design of the three
over their house (maybe by text or malefactors was robbery and the
telephone) to join their group for a homicide occurred during the robbery.
“session”. Upon his arrival at Tiburcio’s Settled is the rule that the crime is still
house Anastacio discovered that it was robbery with homicide if the person killed
actually a shabu session and at that very was an innocent bystander and not the
person robbed and even if the death was prohibited substances? Explain
supervened by mere accident. your answer.
Jervis and Marlon cannot claim
that it was Jonathan who ran over and
killed the pedestrian and therefore they Answer:
are not liable for robbery with homicide Macky is not entitled to ISLAW.
because it is well entrenched in our One of the grounds for the
jurisprudence that when a homicide disqualification for the application of
takes place as a consequence of or on ISLAW is evasion of sentence. As the fact
occasion of robbery, all those who took provided, while he is serving his
part in the robbery are guilty as sentence, he entered the prohibited area,
principals in the special complex crime of and such entry is already an evasion of
robbery with homicide, even if they did his sentence of destierro, and while
not actually participate in the homicide. evading his sentence, he committed
another crime. For this reason, he is not
entitled to ISLAW.
IV. Although destierro does not
(10%) involve imprisonment, it is settled that a
Macky, a security guard, arrived sentence imposing the penalty of
home late one night after rendering destierro is evaded when the convict
overtime. He was shocked to see Joy, his enters any of the place he is forbidden
wife, and Ken, his best friend, in the act from entering under the sentence (PP vs.
of having sexual intercourse. Macky Abilong, GR No. L-1960, 26 Nov. 1948)
pulled out his service gun and shot and
killed Ken.
The court found that Ken died V.
under exceptional circumtances and (10%)
exonerated Macky of murder but a. Distinguish between an accomplice
sentenced him to destierro, conformably and a conspirator.
with Article 247 of the Revised Penal b. What are the three (3) classes of
Code. The court also ordered Macky to offender in the crime of qualified
pay indemnity to the heirs of the victim seduction? Give an example of each.
in the amount of P50,000.
a. Did the court correctly order Macky Answer:
to pay indemnity even though he (a) An accomplice is one who knew the
was exonerated of murder? Explain criminal design of the principal and
your answer. knowingly or intentionally
participated therewith by an act which
Answer: even if not rendered, the crime would
Yes, the court is correct. Macky be committed just the same; a
was exonerated of murder because of the conspirator is one who enters into an
benefit granted to him by law under Art. agreement with one or more person to
247 of the Revised Penal Code, which is commit a crime and decide to commit
an absolutory cause or exempting it.
circumstances. (b)The three classes of offender in the
As a rule, exemption from criminal crime of qualified seduction are :
liability by reason of an exempting 1. Those of abuse their authority (ex.
circumstances does not include teacher)
exemption from civil liability. There are 2. Those who abuse the confidence
only two circumstances which are reposed in them (ex. priest)
allowed as exceptions to this rule, they 3. Those who abuse their
are : 1) injury caused by mere accident , relationship (ex. brother who
and 2) failure to perform an act required seduced his sister)
by law when prevented by some lawful or
insuperable cause. The case at bar shows
that the act committed by Macky is not VI.
one of these circumstances. (10%)
Therefore, he is not exempt from What are the different acts of inciting to
payment of indemnity although exempt sedition?
from criminal liability.
Answer:
b. While serving his sentenced, 1. Inciting others to the accomplishment
Macky entered the prohibited area of any of the acts which constitute
and had a pot session with Ivy sedition by means of speeches,
(Joy’s sister). Is Macky entitled to proclamations, writings, emblems etc;
an indeterminate sentence in case
he is found guilty of the use of
2. Uttering seditious words or speeches ailment and none of whom is a medical

which tend to disturb the public practitioner.
peace; They are, therefore, guilty of
3. Writing, publishing, or circulating reckless imprudence resulting in
scurrilous libels against the homicide and NOT of murder.
government or any of the duly
constituted authorities thereof, which
tend to disturb the public peace, or VIII
4. Knowingly concealing such evil (10%)
practice Fe is the manager of a rice mill in
Bulacan. In order to support a gambling
debt, Fe made it appear that the rice mill
was earning less than it actually was by
VII. writing in a "talaan" or ledger a figure
(10%) lower than what was collected and paid
Eddie brought his son Randy to a by their customers. Fe then pocketed the
local faithhealer known as "Mother difference. What crime/s did Fe commit,
Himala." He was diagnosed by the If any? Explain your answer.
faithhealer as being possessed by an evil
spirit. Eddie thereupon authorized the Answer:
conduct of a "treatment" calculated to Fe committed a complex crime of
drive the spirit from the boy’s body. qualified theft through falsification of
Unfortunately, the procedure conducted commercial document.
resulted in the boy’s death. It is qualified theft because the
The faith healer and three others facts of the case show that Fe took a
who were part of the healing ritual were personal property belonging to the rice
charged with murder and convicted by mill owner without the latter’s consent;
the lower court. If you are appellate she did it with intent to gain (she
court Justice, would you sustain the pocketed the money and used it to
conviction upon appeal? Explain your support her gambling debt); she
answer. accomplished the crime without the use
of violence against or intimidation of
Answer: persons or force upon things; and she
Note: The facts of the case are exactly committed the theft with grave abuse of
same as those in People of the confidence, which qualified the crime of
Philippines vs. Carmen, et al., G.R. No. theft. The fact that she as manager had
137268, 26 March 2001. The examiner custody of the ledger and had access in
only changed the actors. the preparation of financial report
suffices to designate the crime as
No, I would not sustain the qualified theft as she gravely abused the
conviction of the lower court. confidence reposed in her by the rice mill
In the case at bar, it must be owner.
observed that the “treatment” performed The crime of qualified theft was
over the victim was consented to by complexed with the falsification of
Eddie, the boy’s father. With the commercial document because the latter
permission of Eddie, the faithhealer and crime was a necessary means to commit
three others proceeded to subject the the crime of qualified theft. There was an
boy to a “treatment” calculated to drive evident falsification of commercial
the bad spirit from the boy’s body. document since Fe, a private individual,
Unfortunately, the “treatment” resulted made an untruthful financial statement in
in the death of the boy. Thus, the the ledger (a private document).
accused-appellants had no criminal intent
to kill the boy. Their liability arises from Alternative Answer:
reckless imprudence because they ought My answer is anchored on the
that to know their actions would not principle that a servant, domestic or
bring about the cure. employee who misappropriates a thing of
Moreover, the elements of reckless his master is guilty of qualified theft, not
imprudence are evident in the acts done estafa.
by accused-appellants which consists in It cannot be estafa (through
voluntarily, but without malice, doing or unfaithfulness and abuse of confidence)
failing to do an act from which material because the element of “demand made
damage results by reason of inexcusable by offended party against the
lack of precaution on the part of the malefactor” is not present in the case at
person performing such act. The facts bar. Not only that. Fe has no onerous
show the accused-appellants lack obligation to deliver something of value,
medical skill in treating the boy’s alleged which is an essential element.

There is no crime of estafa through X.

falsification of private document because (10%)
the immediate effect of the latter is same Pinky was a lessee of a market
as that of estafa. [A. Gregorio, stall owned by Giovanni. When Pinky
Fundamentals of Criminal Law Review refused to pay her rental, Giovanni nailed
(9th ed., 1997), p. 464] some wooden barricades on one of the
sides of the market stall and posted this
Another Alternative Answer: warning: "We have closed this portion of
Fe committed a crime of the door. Do not open it or else
falsification of private document. something may happen to you."
It is falsification of private What crime/s did Giovanni commit,
document because of the presence of all if any? Explain your answer.
elements of this crime in the case at bar,
which are : (1) that the offender Answer:
committed an act of falsification [making Note: This is an old CA case, People vs.
untruthful statement of facts on the Banzon, 66 OG 10533, in toto copied from
ledger]; (2) that the falsification was Reyes Book 2, page 599.
committed in any private document There is a recent case having
[ledger]; and (3) that the falsification similar facts with the case at bar. We
caused damage to a third party [rice mill may refer to Maderazo vs. People, G.R.
owner suffered pecuniary loss]. No. 165065, 26 September 2006. In this
The crime is not estafa because case the SC ruled that the crime is not
falsification of private document was grave coercion but unjust vexation.
committed as a means to commit estafa. The act of the accused is not such
Unchallenged is the rule that if the a serious threat amounting to coercion
falsification of a private document is but merely the crime of unjust vexation.
committed as a means to commit estafa, The crime merely annoys the victim.
the proper crime to be charged is
falsification of private document only.
Neither the crime is a complex Source:
crime of estafa through falsification of 2007 Bar Questions. Bar Exams Forum
private document because it is settled (Philippines).
that there is no such complex crime.
Available
http://phbar.org/viewforum.php?f=33&
IX. sid=02b73c31f470c9889204de4fa6ea4cff
(10%) . 09 June 2008.
During a concert of Gary V. and in
order to prevent the crowd from rushing
to the stage, Rafael Padilla {a security
guard} pointed his gun at the onrush of
people. When the crowd still pushed
forward, Rafael fired his gun into air to
scare them off. However, the bullet hit
one of the metal roof supports,
ricocheted and then hit one of the stage
crew members, causing injuries which
resulted in the latter’s confinement in a
hospital for twelve days.
What crime/s did Rafael commit?
Explain your answer.
Answer:
It was reckless imprudence
resulting to less serious physical injuries.
I was tempted to answer illegal
discharge of firearm and have it
complexed but I refrained since his
discharge of firearm was lawful and that
is to warn the crowd and prevent them
from rushing to the stage but he lacked
the necessary care in disregarding that
the bullet might ricochet and hit the
people.

APPENDIX IV: Q&A CRIMINAL LAW II
APPENDIX IV: Q&A Q5. The offended party was brought to a

place which he could not leave
Q1. In the course of the hi-jack, a because he does not know where he
passenger or complement was shot is, although free to move about. Was
and killed. What crime or crimes were arbitrary or illegal detention
committed? committed?
A. The crime remains to be a violation of A. Either arbitrary detention or illegal
the anti hi-jacking law, but the detention was committed. If a person
penalty thereof shall be higher is brought to a safe house,
because a passenger or complement blindfolded, even if he is free to move
of the aircraft had been killed. The as he pleases, but if he cannot leave
crime of homicide or murder is not the place, arbitrary detention or
committed. illegal detention is committed.
Q2. The hi-jackers threatened to detonate Q6. A had been collecting tong from
a bomb in the course of the hi-jack. drivers. B, a driver, did not want to
What crime or crimes were contribute to the tong. One day, B
committed? was apprehended by A, telling him
A. Again, the crime is violation of the that he was driving carelessly.
anti hi-jacking law. The separate Reckless driving carries with it a
crime of grave threat is not penalty of immediate detention and
committed. This is considered as a arrest. B was brought to the Traffic
qualifying circumstance that shall Bureau and was detained there until
serve to increase the penalty. the evening. When A returned, he
opened the cell and told B to go home.
Was there a crime of arbitrary
Q3. A janitor at the Quezon City Hall was detention or unlawful arrest?
assigned in cleaning the men’s room. A. Arbitrary detention. The arrest of B
One day, he noticed a fellow urinating was only incidental to the criminal
so carelessly that instead of urinating intent of the offender to detain him.
at the bowl, he was actually urinating But if after putting B inside the cell,
partly on the floor. The janitor he was turned over to the
resented this. He stepped out of the investigating officer who booked him
men’s room and locked the same. He and filed a charge of reckless
left. The fellow was able to come out imprudence against him, then the
only after several hours when people crime would be unlawful arrest. The
from the outside forcibly opened the detention of the driver is incidental to
door. Is the janitor liable for arbitrary the supposed crime he did not
detention? commit. But if there is no supposed
A. No. Even if he is a public officer, he is crime at all because the driver was
not permitted by his official function not charged at all, he was not given
to arrest and detain persons. place under booking sheet or report
Therefore, he is guilty only of illegal arrest, then that means that the only
detention. While the offender is a purpose of the offender is to stop him
public officer, his duty does not from driving his jeepney because he
include the authority to make arrest; refused to contribute to the tong.
hence, the crime committed is illegal
detention.
Q7. Within what period should a police
officer who has arrested a person
Q4. A municipal treasurer has been under a warrant of arrest turn over
courting his secretary. However, the the arrested person to the judicial
latter always turned him down. authority?
Thereafter, she tried to avoid him. A. There is no time limit specified except
One afternoon, the municipal that the return must be made within a
treasurer locked the secretary inside reasonable time. The period fixed by
their office until she started crying. law under Article 125 does not apply
The treasurer opened the door and because the arrest was made by
allowed her to go home. What crime virtue of a warrant of arrest.
was committed?
A. Illegal detention. This is because the When a person is arrested without a
municipal treasurer has no authority warrant, it means that there is no
to detain a person although he is a case filed in court yet. If the arresting
public officer. officer would hold the arrested person
there, he is actually depriving the
arrested of his right to bail. As long

as there is no charge in the court yet,

the arrested person cannot obtain bail Q13. Can there be a complex crime of
because bail may only be granted by coup d’etat with rebellion?
the court. The spirit of the law is to A. Yes, if there was conspiracy between
have the arrested person delivered to the offender/s committing the coup
the jurisdiction of the court. d’etat and the offenders committing
the rebellion. By conspiracy, the crime
of one would be the crime of the other
Q8. The arrest of the suspect was done in and vice versa. This is possible
Baguio City. On the way to Manila, because the offender in coup d’etat
where the crime was committed, may be person or persons belonging
there was a typhoon so the suspect to the military, national police or a
could not be brought to Manila until public officer, whereas rebellion does
three days later. Was there a not so require. Moreover, the crime of
violation of Article 125? coup d’etat may be committed singly,
A. There was a violation of Article 125. whereas rebellion requires a public
The crime committed was arbitrary uprising and taking up arms to
detention in the form of delay in the overthrow the duly constituted
delivery of arrested person to the government. Since the two crimes are
proper judicial authority. The typhoon essentially different and punished
or flood is a matter of defense to be with distinct penalties, there is no
proved by the accused, the arresting legal impediment to the application of
officer, as to whether he is liable. In RPC Art. 48.
this situation, he may be exempt
under Article 12(7).
Q14. Can coup d’etat be complexed with
sedition?
Q9. Certain aliens were arrested and they A. (Suggested): Yes. Coup d’etat and
were just put on the first aircraft sedition are essentially different and
which brought them to the country so distinctly punished under the RPC.
that they may be out without due Sedition may not be directed against
process of law. Was there a crime the Government for it can be non-
committed? political in objective but coup d’etat is
A. Yes. Expulsion. political in objective for it is directed
against the Government and led by
persons/public officers belonging to
Q10. If a Filipino citizen is sent out of the the military/national police. Art. 48
country, what crime is committed? may be applied.
A. Grave coercion, not expulsion,
because a Filipino cannot be deported. (Alternative): No, coup d’etat may not
This crime refers only to aliens. be complexed with sedition. While
Q11. It was raining heavily. A policeman their principal offenders may be
took shelter in one person’s house. different, both crimes are political in
The owner obliged and had his purpose and directed against the
daughter serve the police some Government. The essence is the same
coffee. The policeman made a pass and thus constitute only one crime.
at the daughter. The owner of the When the two crimes are not distinct,
house asked him to leave. Does this Art. 48 does not properly apply.
fall under Article 128?
A. No. It was the owner of the house
who let the policeman in. The Q15. Is the violation of conditional pardon
entering is not surreptitious. a substantive offense?
A. Under Article 159, there are two
situations provided:
Q12. A person surreptitiously enters the
dwelling of another. What crime or (1)There is a penalty of prision
crimes were possibly committed? correccional minimum for the
A. The crimes committed are (1) violation of the conditional
qualified trespass to dwelling under pardon;
Article 280, if there was an express or
implied prohibition against entering. (2)There is no new penalty imposed
This is tantamount to entering against for the violation of the
the will of the owner; and (2) conditional pardon. Instead, the
violation of domicile in the third form convict will be required to serve
if he refuses to leave after being told the unserved portion of the
to. sentence.

If the remitted portion of the sentence Q18. When the image of Jose Rizal on a
is less than six years or up to six five-peso bill is transformed into
years, there is an added penalty of that of Randy Santiago, is there a
prision correccional minimum for the violation of Presidential Decree No.
violation of the conditional pardon; 247?
hence, the violation is a substantive A. Yes. Presidential Decree No. 247 is
offense if the remitted portion of the violated by such act.
sentence does not exceed six years
because in this case a new penalty is
imposed for the violation of the Q19. Sometime before martial law was
conditional pardon. imposed, the people lost confidence
in banks that they preferred
But if the remitted portion of the hoarding their money than
sentence exceeds six years, the depositing it in banks. Former
violation of the conditional pardon is President Ferdinand Marcos declared
not a substantive offense because no upon declaration of martial law that
new penalty is imposed for the all bills without the Bagong Lipunan
violation. sign on them will no longer be
recognized. Because of this, the
In other words, you have to qualify people had no choice but to
your answer. surrender their money to banks and
exchange them with those with the
The Supreme Court, however, has Bagong Lipunan sign on them.
ruled in the case of Angeles v. Jose However, people who came up with
that this is not a substantive offense. a lot of money were also being
This has been highly criticized. charged with hoarding for which
reason certain printing presses did
the stamping of the Bagong Lipunan
Q16. X has in his possession a coin which sign themselves to avoid
was legal tender at the time of prosecution. Was there a violation
Magellan and is considered a of Presidential Decree No. 247?
collector’s item. He manufactured A. Yes. This act of the printing presses is
several pieces of that coin. Is the a violation of Presidential Decree No.
crime committed? 247.
A. Yes. It is not necessary that the coin
be of legal tender. The provision
punishing counterfeiting does not Q20. An old woman who was a cigarette
require that the money be of legal vendor in Quiapo refused to accept
tender and the law punishes this even one-centavo coins for payment of
if the coin concerned is not of legal the vendee of cigarettes he
tender in order to discourage people purchased. Then came the police
from practicing their ingenuity of who advised her that she has no
imitating money. If it were right to refuse since the coins are of
otherwise, people may at the legal tender. On this, the old woman
beginning try their ingenuity in accepted in her hands the one-
imitating money not of legal tender centavo coins and then threw it to
and once they acquire expertise, they the face of the vendee and the
may then counterfeit money of legal police. Was the old woman guilty of
tender. violating Presidential Decree No.
247?
A. She was guilty of violating
Q17. The people playing cara y cruz, Presidential Decree No. 247 because if
before they throw the coin in the air no one ever picks up the coins, her act
would rub the money to the would result in the diminution of the
sidewalk thereby diminishing the coin in circulation.
intrinsic value of the coin. Is the
crime of mutilation committed?
A. Mutilation, under the Revised Penal Q21. A certain customer in a restaurant
Code, is not committed because they wanted to show off and used a P
do not collect the precious metal 20.00 bill to light his cigarette. Was
content that is being scraped from the he guilty of violating Presidential
coin. However, this will amount to Decree No. 247?
violation of Presidential Decree No. A. He was guilty of arrested for violating
247. of Presidential Decree No. 247.
Anyone who is in possession of
defaced money is the one who is the
violator of Presidential Decree No.

247. The intention of Presidential the currency note and placed it on

Decree No. 247 is not to punish the top of the twenty-peso bill and put
act of defrauding the public but what some weight on top of the paper.
is being punished is the act of After sometime, he removed it and
destruction of money issued by the the printing on the twenty-peso bill
Central Bank of the Philippines. was reproduced on the mimeo
paper. He took the reverse side of
the P20 bill, applied toothache drops
Q22. Instead of the peso sign (P), and reversed the mimeo paper and
somebody replaced it with a dollar pressed it to the paper. After
sign ($). Was the crime of forgery sometime, he removed it and it was
committed? reproduced. He cut it out, scraped it
A. No. Forgery was not committed. The a little and went to a sari-sari store
forged instrument and currency note trying to buy a cigarette with that
must be given the appearance of a bill. What he overlooked was that,
true and genuine document. The when he placed the bill, the printing
crime committed is a violation of was inverted. He was apprehended
Presidential Decree No. 247. Where and was prosecuted and convicted of
the currency note, obligation or forgery. Was the crime of forgery
security has been changed to make it committed?
appear as one which it purports to be A. The Supreme Court ruled that it was
as genuine, the crime is forgery. In only frustrated forgery because
checks or commercial documents, this although the offender has performed
crime is committed when the figures all the acts of execution, it is not
or words are changed which possible because by simply looking at
materially alters the document. the forged document, it could be seen
that it is not genuine. It can only be a
consummated forgery if the document
Q23. An old man, in his desire to earn which purports to be genuine is given
something, scraped a digit in a the appearance of a true and genuine
losing sweepstakes ticket, cut out a document. Otherwise, it is at most
digit from another ticket and pasted frustrated.
it there to match the series of digits
corresponding to the winning
sweepstakes ticket. He presented Q25. A is one of those selling residence
this ticket to the Philippine Charity certificates in Quiapo. He was
Sweepstakes Office. But the brought to the police precincts on
alteration is so crude that even a suspicion that the certificates he
child can notice that the supposed was selling to the public proceed
digit is merely superimposed on the from spurious sources and not from
digit that was scraped. Was the old the Bureau of Treasury. Upon
man guilty of forgery? verification, it was found out that
A. Because of the impossibility of the certificates were indeed printed
deceiving whoever would be the with a booklet of supposed
person to whom that ticket is residence certificates. What crime
presented, the Supreme Court ruled was committed?
that what was committed was an A. Crime committed is violation of Article
impossible crime. Note, however, that 176 (manufacturing and possession of
the decision has been criticized. In a instruments or implements for
case like this, the Supreme Court of falsification). A cannot be charged of
Spain ruled that the crime is falsification because the booklet of
frustrated. Where the alteration is residence certificates found in his
such that nobody would be deceived, possession is not in the nature of
one could easily see that it is a “document” in the legal sense. They
forgery, the crime is frustrated are mere forms which are not to be
because he has done all the acts of completed to be a document in the
execution which would bring about legal sense. This is illegal possession
the felonious consequence but with intent to use materials or
nevertheless did not result in a apparatus which may be used in
consummation for reasons counterfeiting/forgery or falsification.
independent of his will.
Q26. Public officers found a traffic

Q24. A person has a twenty-peso bill. He violation receipts from a certain
applied toothache drops on one side person. The receipts were not
of the bill. He has a mimeograph issued by the Motor Vehicle Office.
paper similar in texture to that of

For what crime should he be consent of the owner or overseer

prosecuted for? thereof;
A. It cannot be a crime of usurpation of
official functions. It may be the (3) Vagrancy under Article 202
intention but no overt act was yet if the estate is not fenced or there
performed by him. He was not is no clear prohibition against
arrested while performing such overt entering.
act. He was apprehended only while
he was standing on the street
suspiciously. Neither can he be Q30. Can there be prostitution by
prosecuted for falsification because conspiracy?
the document is not completed yet, A. No. One who conspires with a woman
there being no name of any erring in the prostitution business like
driver. The document remains to be a pimps, taxi drivers or solicitors of
mere form. It not being completed clients are guilty of the crime under
yet, the document does not qualify as Article 341 for white slavery.
a document in the legal sense.
Q31. The Central Bank, by resolution of

Q27. Can the writing on the wall be the Monetary Board, hires Theof Sto.
considered a document? Tomas, a retired manager of a
A. Yes. It is capable of speaking of the leading bank as a consultant. Theof
facts stated therein. Writing may be later receives a valuable gift from a
on anything as long as it is a product bank under investigation by the
of the handwriting, it is considered a Central Bank. May Theof be
document. prosecuted under RA 3019 for
accepting the gift? Explain.
A. No, Theof may not be prosecuted
Q28. In a case where a lawyer tried to under RA 3019 but he can be
extract money from a spinster by prosecuted for violation of PD 46,
typing on a bond paper a subpoena under which such act of receiving a
for estafa. The spinster agreed to valuable gift is punished. Although
pay. The spinster went to the Theof is a “public officer” within the
prosecutor’s office to verify the application of RA 3019, his act of
exact amount and found out that receiving the gift does not appear to
there was no charge against her. be included among the acts punished
The lawyer was prosecuted for by said law since he did not intervene
falsification. He contended that only in his official capacity in the
a genuine document could be investigation of the bank that gave
falsified. Rule. the gift. Penal laws must be construed
A. As long as any of the acts of against the state and Theof is also
falsification is committed, whether the administratively liable.
document is genuine or not, the crime
of falsification may be committed.
Even totally false documents may be Q32. What crime under the Revised Penal
falsified. Code carries the same penalty
whether committed intentionally or
through negligence?
Q29. When a person is apprehended A. Malversation under Article 217. There
loitering inside an estate belonging is no crime of malversation through
to another, what are the crimes that negligence. The crime is
may have been committed? malversation, plain and simple,
A. (1)Trespass to property under Article whether committed through dolo or
281 if the estate is fenced and culpa. There is no crime of
there is a clear prohibition against malversation under Article 365 – on
entering, but the offender entered criminal negligence – because in
without the consent of the owner malversation under Article 217, the
or overseer thereof. What is same penalty is imposed whether the
referred to here is estate, not malversation results from negligence
dwelling. or was the product of deliberate act.
(2)Attempted theft under Article 308, The crime of malversation can be

paragraph 3, if the estate is fenced committed only by an officer
and the offender entered the same accountable for the funds or property
to hunt therein or fish from any which is appropriated. This crime,
waters therein or to gather any therefore, bears a relation between
farm products therein without the

the offender and the funds or property requested his employee B to watch
involved. over his table while he goes to the
restroom. B took advantage of A’s
The offender, to commit malversation, absence and took P50.00 out of the
must be accountable for the funds or collections. A returned and found
property misappropriated by him. If his money short. What crimes have
he is not the one accountable but been committed?
somebody else, the crime committed A. A is guilty of malversation through
is theft. It will be qualified theft if negligence because he did not
there is abuse of confidence. exercise due diligence in the
safekeeping of the funds when he did
Accountable officer does not refer not lock the drawer of his table.
only to cashier, disbursing officers or Insofar as B is concerned, the crime is
property custodian. Any public officer qualified theft.
having custody of public funds or
property for which he is accountable Under jurisprudence, when the public
can commit the crime of malversation officer leaves his post without locking
if he would misappropriate such fund his drawer, there is negligence. Thus,
or property or allow others to do so. he is liable for the loss.
Q33. An unlicensed firearm was Q37. The sheriff, after having levied on
confiscated by a policeman. Instead the property subject of a judgment,
of turning over the firearm to the conducted a public auction sale. He
property custodian for the received the proceeds of the public
prosecution of the offender, the auction. Actually, the proceeds are
policeman sold the firearm. What to be delivered to the plaintiff. The
crime was committed? sheriff, after deducting the sheriff’s
A. The crime committed is malversation fees due to the office, spent part of
because that firearm is subject to his that amount. He gave the balance to
accountability. Having taken custody the plaintiff and executed a
of the firearm, he is supposed to promissory note to pay the plaintiff
account for it as evidence for the the amount spent by him. Is there a
prosecution of the offender. crime committed?
A. The Supreme Court ruled that the
Q34. Can the buyer be liable under the sheriff committed the crime of
Anti-fencing law? malversation because the proceeds of
A. No. The crime is neither theft nor the auction sale was turned over to
robbery, but malversation. the plaintiff, such proceeds is
impressed with the characteristic of
being part of public funds. The sheriff
Q35. A member of the Philippine National is accountable therefore because he is
Police went on absence without not supposed to use any part of such
leave. He was charged with proceeds.
malversation of the firearm issued
to him. After two years, he came
out of hiding and surrendered the Q38. If a private person approached the
firearm. What crime was committed? custodian of the prisoner and for a
A. The crime committed was certain consideration, told the
malversation. Payment of the amount custodian to leave the door of the
misappropriated or restitution of cell unlocked for the prisoner to
property misappropriated does not escape. What crime had been
erase criminal liability but only civil committed?
liability. A. It is not infidelity in the custody of
prisoners because as far as the
When private property is attached or private person is concerned, this
seized by public authority and the crime is delivering prisoners from jail.
public officer accountable therefor The infidelity is only committed by the
misappropriates the same, custodian.
malversation is committed also.
This crime can be committed also by a
private person if the custody of the
Q36. There was a long line of payors on prisoner has been confided to a
the last day of payment for private person.
residence certificates. Employee A
of the municipality placed all his
collections inside his table and

Q39. A pregnant woman decided to with serious physical injuries because

commit suicide. She jumped out of a the injuries produced a scar. He was
window of a building but she landed convicted under Article 263 (4). He
on a passerby. She did not die but appealed because, in the course of the
an abortion followed. Is she liable trial, the scar disappeared. It was
for unintentional abortion? held that accused can not be
A. No. What is contemplated in convicted of serious physical injuries.
unintentional abortion is that the He is liable only for slight physical
force or violence must come from injuries because the victim was not
another. If it was the woman doing incapacitated, and there was no
the violence upon herself, it must be evidence that the medical treatment
to bring about an abortion, and lasted for more than nine days.
therefore, the crime will be intentional
abortion. In this case, where the
woman tried to commit suicide, the Q43. In a free-for-all brawl that ensued
act of trying to commit suicide is not a after some customers inside a night
felony under the Revised Penal Code. club became unruly, guns were fired
The one penalized in suicide is the one by a group, among them A and B,
giving assistance and not the person that finally put the customers back
trying to commit suicide. to their senses. Unfortunately, one
customer died. Subsequent
investigation revealed that B’s
Q40. If the abortive drug used in abortion gunshot had inflicted a fatal wound
is a prohibited drug or regulated on the deceased and A’s gunshot
drug under Presidential Decree No. never materially contributed to it. A
6425 (The Dangerous Drugs Act of contends his liability, if at all, is
1972), as amended, what are the limited to slight physical injury. Do
crimes committed? you agree?
A. The crimes committed are (1) A. Suggested): No. He should be liable
intentional abortion; and (2) violation for attempted homicide because he
of the Dangerous Drugs Act of 1972. inflicted said injury with the use of a
firearm that is a lethal weapon. Intent
to kill is inherent in the use of a
Q41. What is the liability of a physician firearm (Araneta vs. CA).
who aborts the fetus to save the life
of the mother? A(Alternative): Yes, because he fired
A. None. This is a case of therapeutic his gun only to pacify the unruly
abortion which is done out of a state customers of the club and had no
of necessity. Therefore, the requisites intent to kill. B’s gunshot that inflicted
under Article 11, paragraph 4, of the the fatal wound may not be imputed
Revised Penal Code must be present. to A because conspiracy does not
There must be no other practical or exist in a free-for-all brawl or
less harmful means of saving the life tumultuous affray. A and B are liable
of the mother to make the killing only for their acts.
justified.
Q44. Blackmailing constitutes what

Q42. The offender threw acid on the face crime?
of the offended party. Were it not A. It is a crime of light threat under
for timely medical attention, a Article 283 if there is no threat to
deformity would have been publish any libelous or slanderous
produced on the face of the victim. matter against the offended party. If
After the plastic surgery, the there is such a threat to make a
offended party was more handsome slanderous or libelous publication
than before the injury. What crime against the offended party, the crime
was committed? In what stage was will be one of libel, which is penalized
it committed? under Article 356. For example, a
A. The crime is serious physical injuries person threatens to expose the affairs
because the problem itself states that of married man if the latter does not
the injury would have produced a give him money. There is intimidation
deformity. The fact that the plastic done under a demand.The law
surgery removed the deformity is imposes the penalty of bond for good
immaterial because in law what is behavior only in case of grave and
considered is not the artificial light threats. If the offender can not
treatment but the natural healing post the bond, he will be banished by
process.In a case decided by the way of destierro to prevent him from
Supreme Court, accused was charged carrying out his threat.

the time of the negotiation.

Otherwise, he is not criminally liable.
Q45. Certain men pretended to be from B who accommodated A with his
the Price Control Commission and check may be prosecuted under BP 22
went to a warehouse owned by a for having issued the check, knowing
private person. They told the guard that he had no sufficient funds at that
to open the warehouse purportedly time and that A will negotiate it to buy
to see if the private person is a new tire, i.e. for value. B is not liable
hoarding essential commodities for estafa because facts indicate he
there. The guard obliged. They had no intent to defraud anyone in
went inside and broke in. They issuing the check. Dolo is absent since
loaded some of the merchandise B issued the check only to help A.
inside claiming that it is the product
of hoarding and then drove away.
What crime was committed? Q47. A woman who has given birth to a
A. It is only theft because the premises child abandons the child in a certain
where the simulation of public place to free herself of the obligation
authority was committed is not an and duty of rearing and caring for
inhabited house, not a public building, the child. What crime is committed
and not a place devoted to religious by the woman?
worship. Where the house is a private A. The crime committed is abandoning a
building or is uninhabited, even minor under Article 276.
though there is simulation of public
authority in committing the taking or
even if he used a fictitious name, the Q48. Suppose that the purpose of the
crime is only theft. woman is abandoning the child is to
preserve the inheritance of her child
Note that in the crime of robbery with by a former marriage, what then is
force upon things, what should be the crime committed?
considered is the means of entrance A. The crime would fall under the second
and means of taking the personal paragraph of Article 347. The purpose
property from within. If those means of the woman is to cause the child to
do not come within the definition lose its civil status so that it may not
under the Revised Penal Code, the be able to share in the inheritance.
taking will only give rise to theft.
Those means must be employed in Q49. Suppose a child, one day after his
entering. If the offender had already birth, was taken to and left in the
entered when these means were midst of a lonely forest, and he was
employed, anything taken inside, found by a hunter who took him
without breaking of any sealed or home. What crime was committed
closed receptacle, will not give rise to by the person who left it in the
robbery. forest?
A. It is attempted infanticide, as the act
of the offender is an attempt against
Q46. A & B agreed to meet at the latter’s the life of the child. See US v. Capillo,
house to discuss B’s financial et al., 30 Phil. 349.
problems. On his way, one of A’s car
tires blew up. Before A left the Q50. During a seminar workshop
following meeting, he asked B to attended by government employees
lend him money so he could buy a from the Bureau of Customs and
new spare tire. B temporarily BIR, A, the speaker, in the course of
exhausted his bank deposits, leaving his lecture, lamented the fact that a
a zero balance. Anticipating, great majority of those serving in
however, a replenishment of his the said agencies were utterly
account soon, B issued A a post- dishonest and corrupt. The next
dated check that the latter morning, the whole group of
negotiated for a new tire. When employees in the two agencies who
presented, the check bounced for attended the seminar filed a criminal
lack of funds. The tire company filed complaint against A for uttering
criminal charges against A and B. what they claimed to be defamatory
What would be the criminal liability, statements of the lecturer. In court,
if any, of each of the two accused? A filed a Motion to Quash the
A. (Suggested): A who negotiated the information, claiming the facts
unfounded check of B may only be alleged do not constitute an offense.
prosecuted for estafa if he was aware If you were the judge, how would
that there were insufficient funds at you resolve the motion?

A. (Suggested): I would grant the Questions from Bar Exams 2006

motion to quash on the ground that
the facts alleged do not constitute an Q53. When can a Filipino citizen residing
offense since there is no definite in this country use an alias legally?
person/s dishonored. The crime of Give 3 instances. 2.5%
libel or slander is a crime against
honor such that the person/s
dishonored must be identifiable even Q54. Under what situations may a private
by innuendoes: otherwise the crime person enter any dwelling,
against honor is not committed residence, or other establishments
(Newsweek vs. IAC). Moreover, A is without being liable for trespass to
not making a malicious imputation but dwelling
merely stating an opinion. He was,
without malice, delivering a lecture
during the seminar workshop. Malice Q55. What are the 3 ways of committing
being inherently absent in the arbitrary detention? Explain each.
utterance, the statement is not 2.5%
actionable as defamatory.
Q56. What are the legal grounds for

Q51. Is contributory negligence punished detention? 2.5%
under Article 365?
A. No. It is not applicable in cases under
this article on the criminal aspect, and Q57. Eduardo Quintos, a widower for the
is only mitigating for the civil liability past 10 years, felt that his
(People vs. Quinones). In People vs. retirement at the age of 70 gave him
Tan, it was held that the parents of a the opportunity to engage in his
child who died in a vehicular accident favorite pastime - voyeurism. If not
can also be persecuted I they were using his high-powered binoculars
themselves negligent and not merely to peep at his neighbor's homes and
contributorily so, without prejudice to domestic activities, his second
the liability of the driver for choice was to follow sweet young
negligence. girls. One day, he trailed a teenage
girl up to the LRT station at EDSA-
Buendia. While ascending the stairs,
Q52. When can a driver leave his vehicle he stayed one step behind her and in
without aiding the victim? a moment of bravado, placed his
A. If he is in imminent danger of being hand on her left hip and gently
harmed, if he wants to report to the massaged it. She screamed and
nearest officer of the law or if he shouted for help. Eduardo was
wants to summon medical assistance arrested and charged with acts of
for the injured (Sec. 55 of the Land lasciviousness. Is the designation of
Transportation Code, RA 4136) the crime correct? 5%

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UNIVERSITY OF THE PHILIPPINES

Bar Operations Head Arianne Reyes

Academics Head Henry Aguda

Subject Head Sam Poblacion (C2010)

Subject Committee Aragones, Rusell (B2011) * Burkley, Fifi (C2010) *

Information Management Chino Baybay [Head] * Simoun Salinas [Deputy] *

TITLE I: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF 1

TITLE II: CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE 6

TITLE III: CRIMES AGAINST PUBLIC ORDER 13

TITLE IV: CRIMES AGAINST PUBLIC INTEREST 27

TITLE V: COMPREHENSIVE DANGEROUS DRUGS ACT 38

TITLE VI: CRIMES AGAINST PUBLIC MORALS 41

TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS 46

TITLE VIII: CRIMES AGAINST PERSONS 66

TITLE IX: CRIMES AGAINST PESONAL LIBERTY AND SECURITY 79

TITLE X. CRIMES AGAINST PROPERTY 94

TITLE XI: CRIMES AGAINST CHASTITY 116

TITLE XII: CRIMES AGAINST THE CIVIL STATUS OF PERSONS 126

TITLE XIII: CRIMES AGAINST HONOR 128

TITLE XIV: QUASI-OFFENSES 133

APPENDIX1: RA 9327 (The Human Security Act of 2007) 135

APPENDIX II: CASE UDPATES 138

APPENDIX III: SUGGESTED ANSWERS TO THE 07 BAR QUESTIONS 140

APPENDIX IV: Q&A 144

Ø The acts against national security

100% UP LAW UP BAROPS 2008 Page 1 of 155

Ø The criminal liability arises if the

Elements of proposal to commit

1. Unlawfully obtaining or permitting policies or relations of foreign

1. A criminal investigation the requesting state or government,

3. ARTICLE 120 Acts punished as piracy

• amended Presidential Decree No.

Elements of piracy • Piracy cannot co-exist with the

IMPORTANT POINT TO REMEMBER

Anti hi-jacking is another kind of piracy

Ø Although in Article 123 merely refers

(1)When the offenders

1. REPUBLIC ACT NO. 6235 (THE ANTI

100% UP LAW UP BAROPS 2008 Page 6 of 155

TITLE II: CRIMES AGAINST

à If these crimes are committed by à There must be an actual restraint of

arrests officer o without the arresting officer

2. ARTICLE 125. DELAY IN THE 3. Sanchez v. Demetriou (1993)

à Be informed, in a language known to

à Any waiver by a person arrested or

• Otherwise, such investigation Elements:

100% UP LAW UP BAROPS 2008 Page 9 of 155

à Requisites for issuing a search

• Probable cause, in connection with age and discretion residing in the

100% UP LAW UP BAROPS 2008 Page 11 of 155

viewed through an unbiased

à Qualified if committed by violence or

2. ARTICLE 133. OFFENDING THE

• WON an act is offensive to the

• Laurel Dissent: The determination

TITLE III: CRIMES AGAINST PUBLIC any of their powers or

1. Rebellion or insurrection (Art. 134); IMPORTANT POINTS TO REMEMBER

A. Rebellion, Coup d’ Etat, Sedition and Difference between Rebellion and

1. Rebellion or Insurrection Rebellion Subversion

Persons liable for rebellion,

100% UP LAW UP BAROPS 2008 Page 14 of 155

4. Disloyalty of Public Officers or