Adamsom Criminal Notes Book2 06 Ed.

A D A M S O N C O L L E G E O F L AW
CRIMINAL LAW NOTES (BOOK TWO)

2006 BAR OPERATIONS
with a foreign enemy, otherwise the offender

BOOK II shall be held liable for Rebellion and not for
Treason.
TITLE ONE
CRIMES AGAINST NATIONAL SECURITY AND 2. Adhering to the enemies of the
THE LAW OF NATIONS Philippines refers to giving aid or
comfort.
ART. 114: TREASON
Adherence and giving aid or comfort to
ELEMENTS: the enemy must concur. Adherence to the
enemy presupposes intent to betray.
1. that the offender is a Filipino citizen or an
alien residing in the Philippines; Aid or comfort means an act which
2. that there is a war in which the Philippines is strengthens or tends to strengthen the
involved; enemy in the conduct of war against the
3. that the offender either traitor’s country and an act which weakens
a. levies war against the government, or or tends to weaken the power of the traitor’s
b. adheres to the enemies, giving them aid country to resist or to attack the enemy.
and comfort
KEY: Allegiance/Alien-War-Levies or Adheres The act of giving information to the
(A Wa la) enemy constitutes not only giving aid and
comfort, but also adherence to the enemy.
TREASON Defined: a breach of The extent of aid and comfort should be
allegiance to a government, committed by a manifested by some overt or physical acts
person who owes allegiance to it. and not merely one which is mental.
It is a violation by the subject of his As a general rule, to be treasonous, the

allegiance to his sovereign or to the supreme extent of the aid and comfort given to the
authority of the State. enemies must be to render assistance to
them as enemies and not merely as
E.O. 44 amended Art.114 in that prior to individuals and in addition, be directly in
this order, only Filipino citizens are held liable furtherance of the enemies’ hostile designs.
for treason. Now, resident aliens may be held
liable for Treason. The act committed need not actually
strengthen the enemy. It is not the degree of
Allegiance refers to the obligation of success but rather the aim for which the act
fidelity and obedience which the individuals owe was perpetrated, that determines the
to the government under which they live or to commission of treason.
their sovereign, in return for the protection they
receive. In treason, allegiance referred to may be The aid and comfort given to the
permanent or temporary. enemies must be after the declaration of
war. The enemies must be subject of a
Treason is can be only committed in foreign power.
time of war; it is being considered as a war
crime. However, treasonable acts may actually There is no treason thru negligence
be perpetrated during peace, but there are no because the overt act of giving aid or comfort
traitors until war has started. to the enemy must be intentional.
Treason is punished by the State as a Treason by Filipino citizen may be

measure of self defense and self preservation. committed outside the Philippines, but
The law of Treason is an emergency measure. treason by an alien must be committed
within the Philippines
Two modes of committing Treason:
Treason is a continuous crime. All overt
1. Levying war against the government acts committed by the accused constitute a
Levying war requires the concurrence of: single offense. Proof of one count is
a. An actual assembling of men; sufficient for conviction.
b. The purpose of which is to execute a
treasonable design by force. Two ways of proving treason: (KEY: 2C)
KEY:AP
1. testimony of 2 witnesses, at
The levying of war must be with the intent to least (two- witness rule)
overthrow the government and not merely to 2. confession of the accused in
resist a particular statute or to repel a open court.
particular officer. It must be in collaboration
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Faculty Chair: Atty Hilario Magsino
Over-all Chair: Nerissa Guirao
Academic Committee Head: Celso J. Hernandez Jr. Subject Head: Celso J. Hernandez Jr.
Academic Committee Members: Lisa Tubilleja, Nerissa Guirao (Civil) Christopher Bonoan (Poli) Madonna
Dimaano (Labor) Rey Rabago, Donnalee Silanga ( Remedial) Anthony Malicdem (Tax)
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ART.115: CONSPIRACY AND PROPOSAL TO

COMMIT TREASON: ELEMENTS:
HOW CONSPIRACY AND PROPOSAL ARE a. that the offender enters any of the
COMMITTED: places mentioned therein
b. that he has no authority therefore
a.Conspiracy to commit treason c. that has purpose is to obtain
is committed when in time of information, plans, photos etc. of a
war, two or more persons confidential nature relative to the
come to an agreement to levy defense of the Philippines
war against the government or KEY: ENO
to adhere to the enemies and to
give them aid or comfort, and 2. by disclosing to the representative of a
decide to commit it. foreign nation the contents of the articles,
b. Proposal to commit treason is data or information referred to in par. 1 (Art.
committed when in time of war 117) which he had in his possession by
a person who has decided to reason of the public office he holds.
levy war against the
government or to adhere to the ELEMENTS:
enemies and to give them aid or
comfort, proposes its execution a. that the offender is a public officer
to another person. b. that he has in his possession the
KEY: TaC articles, data or information by reason of
the public office he holds
The two-witness rule is not applicable in c. that he discloses their contents to a
conspiracy and proposal to commit treason representative of a foreign nation.
because this is a separate and distinct offense KEY: PoP D
from treason.
Applicable penalty: Prision correccional
Applicable penalties:
Espionage refers to the offense of
a. conspiracy to commit treason: gathering, transmitting, or losing
Prision Mayor and a fine not exceeding P information respecting the national defense
10,000 with the intent or reason to believe that the
b. proposal to commit treason: information is to be used to the injury of the
Prision correccional and a fine not exceeding Philippines or the advantage of any foreign
P 5,000 nation. It is not conditioned on citizenship.
It is not necessary that Philippines is at
ART. 116: MISPRISION OF TREASON war with the country to which the
information was revealed. What is important
ELEMENTS: is that the information related is connected
with the defense system of the Philippines.
1. that the offender must be owing
allegiance to the Government and NOT Espionage distinguished from Treason:
a foreigner;
2. that he has knowledge or any Espionage as a crime is not conditioned
conspiracy (to commit treason) against by the citizenship of the offender and may
the government; and be committed in time of war or in time of
3. that he conceals or does not disclose peace
and make known the same as soon as Treason may only be committed in time
possible to the governor or fiscal of the of war and is only limited in two ways of
province or mayor or fiscal of the city in committing the crime
which he resides.
KEY: AKC SECTION TWO
PROVOKING WAR AND DISLOYALTY IN
ART. 117: ESPIONAGE CASE OF WAR
TWO MODES OF COMMITTING ESPIONAGE: ART. 118: INCITING TO WAR OR GIVING

MOTIVES FOR REPRISALS
1. by entering, without authority, a
warship, fort, or naval or military ELEMENTS:
establishment or reservation to
obtain any information, plans, 1. that the offender performs
photos, or other data of a unlawful or unauthorized acts
confidential nature relative to 2. that such acts provoke or give
the defense of the Philippines. occasion for a war involving or
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liable to involve the Philippines or c. containing notice or

expose Filipino citizens to reprisals information which might be
on their persons or property useful to the enemy
KEY: PuP KEY: War C pcc
Applicable penalties: CORRESPONDENCE Defined: It is the

Reclusion temporal – if offender is a public communication by means of letters; or it may
officer or employee refer to the letters which pass between those
Prision mayor – if offender is a private who have friendly or business relations.
individual Even if correspondence contains
innocent matters, if the correspondence has
This crime is committed in time of peace. been prohibited by the government, it is
Intent is also immaterial punishable.
Reprisals is not limited to military action, it QUALIFYING CIRCUMSTANCES: the following

could be economic reprisals, or denial of entry must concur:
into their country. Example, when Abner a. that the notice or information
burned the Singaporean flag, Singapore banned might be useful to the enemy
the entry of Filipinos into said country. The b. that the offender intended to aid
banning is already considered as a form of the enemy
reprisal.
ART. 121: FLIGHT TO ENEMY’S COUNTRY
ART. 119: VIOLATION OF NEUTRALITY
ELEMENTS:
ELEMENTS:
1. that there is a war in which the
1. that there is a war in which the Philippines is involved
Philippines. is NOT involved 2. that the offender must be owing
2. that there is a regulation issued by allegiance to the government
competent authority for the purpose of 3. that the offender attempts to flee or go
enforcing neutrality to enemy country
3. that the offender violates such 4. that going to the enemy country is
regulation prohibited by competent authority
KEY: WRen V KEY: WAF-P
PENALTY: Prision Correccional An alien resident may be guilty of flight to

enemy country because the allegiance
NEUTRALITY Defined: A nation or contemplated under this article may be
power which takes no part in a contest of arms temporary or permanent.
going on between others is referred to as
NEUTRAL. The mere attempt to flee or go to enemy
country already consummates the crime.
In the violation of neutrality it is
necessary that the government declared the For the act to be punishable there must be a
neutrality of the Philippines in a war between prohibition. If none, even if went to enemy
two other countries. The Congress also has the country there is no violation
right to declare neutrality.
SECTION THREE
It is the neutrality of the Philippines that PIRACY AND MUTINY ON THE HIGH SEAS
is violated under this article.
ART. 122: PIRACY IN GENERAL AND MUTINY
ART. 120: CORRESPONDENCE WITH ON THE HIGH SEAS OR IN PHIL. WATERS
HOSTILE COUNTRY
PIRACY Defined: it is the robbery or forcible
ELEMENTS: depredation in the high seas or in Philippine
1. that there is a war wherein the waters without lawful authority and done with
Philippines is involved animo furandi and in the spirit and intention of
2. the offender makes correspondence universal hostility.
with the enemy country or territory
occupied by enemy troops TWO MODES OF PIRACY:
3. that the correspondence is either:
a. prohibited by the 1. by attacking or seizing a vessel on the
government, or high seas
b. carried on in ciphers or 2. by seizing the whole or part of the cargo
conventional signs or equipment of the vessel, while on the
high seas, OR the personal belongings
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of its complement of passengers, the 1. seizure of the vessel by boarding or

offenders not being the members of the firing upon the same.
complement or passengers 2. abandonment of victims without
means of saving themselves
3. crime is accompanied by Murder,
ELEMENTS: Homicide, Physical Injuries, or Rape
KEY: SF-AA
1. that a vessel is on high seas
2. that the offenders are strangers to the Murder/rape/homicide/physical injuries
vessel; meaning, they are not members must have been committed on the
of the complement or passengers of the passengers or complement. Any of the above
vessel acts already qualifies piracy.
3. that the offenders: (a) attack that vessel, Qualified Piracy is a special complex
OR (b) seize the whole or part of the crime
cargo of said vessel, its equipment, or
the personal belongings of its QUALIFIED MUTINY- there is qualified
complement or passengers mutiny because of Article 123 which
KEY: Ves-Off-as embraces any of the crimes referred to in
Article 122, which are piracy and mutiny.
If the offenders who seized the vessel by However, the qualifying circumstances for
“violence or intimidation”, or “force upon things” mutiny are limited only to paragraphs (2)
are members of the crew or passengers, piracy and (3) of Article 123.
is NOT committed but robbery in the high seas.
RA 6235
MUTINY IN THE HIGH SEAS- ANTI-AIRCRAFT PIRACY OR HIJACKING LAW
OF 1971
It is the (a) unlawful resistance to a superior
officer, OR (b) the raising of commotion and ACTS PUNISHED:
disturbances on board a ship against the
authority of its commander, while the ship is on 1. Usurping or seizing control of aircraft of
the high seas. Philippine registry, while it is in flight,
compelling the pilots thereof to change
HIGH SEAS refer to any waters on the the course or destination.
seacoasts, which are without the boundaries of 2. Usurping or seizing control of an
the low-water mark, although such waters may aircraft of foreign registry, while within
be the jurisdictional limits of a foreign Philippine territory, compelling the
government. pilots thereof to land in any part of
Philippines territory.
Piracy distinguished from Mutiny 3. Carrying or loading on board an aircraft
operating as a public utility passenger
Piracy refers robbery or forcible aircraft in the Philippines, flammable,
degradation on the high seas, without lawful corrosive, explosive or poisonous
authority and done with animo furandi and in substances; and
the spirit and intention of universal hostility. 4. Loading, shipping, or transporting on
Intent to gain is material board a cargo aircraft operating as a
Mutiny on the other hand refers only the public utility in the Philippines,
unlawful resistance to a superior officer, or the flammable, corrosive, or poisonous
raising of commotion and disturbances on substances, if not done in accordance
board a ship against the authority of its with the rules and regulations of the
commander Air Transportation Office.
In piracy the attack is from outside.
Offenders are strangers to the vessel. Such is AIRCRAFT IS “IN FLIGHT” – from the moment
different from mutiny in where the attack is all exterior doors are closed following
from the inside. embarkation, until such time when any of such
doors are again opened for embarkation.
Jurisdiction:
Piracy committed in high seas – jurisdiction is Title 2
with any court where offenders are found or CRIMES AGAINST THE
arrested FUNDAMENTAL LAWS OF THE STATE
Piracy committed in internal waters – (ARTS. 124-133)
jurisdiction is only with Philippine courts
ART. 124 ARBITRARY DETENTION
ART. 123: QUALIFIED PIRACY ELEMENTS:
1. That the offender is a public
SPECIAL QUALIFYING CIRCUMSTANCES: officer or employee

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2. That he detains a person complaint with the judicial authority (courts,

3. That the detention is without prosecutors – though technically not a judicial
legal grounds. authority, for purposes of this article, he’s
KEY: Poe D Without leg. considered as one.)
The filing of the information in court does
Legal grounds for detention: not cure illegality of detention. Neither does it
1. The commission of a crime affect the legality of the confinement under
2. Violent insanity or other ailment process issued by the court.
requiring compulsory confinement of the To escape from this, officers usually ask
patient in a hospital. accused to execute a waiver which should be
under oath and with assistance of counsel.
Such waiver is not violative of the accused
Without legal grounds: constitutional right.
1. He has not committed any crime or no
reasonable ground of suspicion that he REQUEST FOR PRELIMINARY
has committed a crime INVESTIGATION: The person so arrested
2. The person is not suffering from violent without a warrant may request for a preliminary
insanity or any other ailment requiring investigation, but he must sign a waiver of Art.
compulsory confinement in a hospital 126.
-to avail of this, the penalty must be
Know grounds for warrantless arrest: higher than 4 years and 2 months
a. Crime is about to be, is being, has been
committed Article 125 is NOT applicable when the arrest is
b. Officer must have reasonable knowledge by virtue of a warrant of arrest, in which case he
that the person probably committed the can be detained indefinitely.
crime -an inquest proceeding is done to
determine the validity of the arrest.
For escaped prisoner – no need for warrant
ILLEGAL DETENTION:
ART. 125 DELAY IN THE DELIVERY OF 1. If the offender is a private individual,

DETAINED PERSONS TO THE PROPER then the crime is Illegal detention
JUDICIAL AUTHORITIES 2. in illegal detention, the detention is legal
from the beginning, but becomes illegal
ELEMENTS: after a certain period of time because
the offended party is not delivered to the
1. That the offender is a public officer or proper judicial authority within the
employee period specified.
2. That he has detained a person for some
legal ground (n.b. warrantless arrest) ART. 126: DELAYING RELEASE
3. That he fails to deliver such person to
the proper judicial authorities within the ELEMENTS:
prescribed period.
12 hours – light penalties or their 1. that the offender is a public officer or
equivalent. employee
18 hours – correctional penalties or their 2. that (a) there is a judicial or executive
equivalent order for the release of a prisoner or
36 hours – afflictive penalties or their detention prisoner, OR (b) that there is a
equivalent proceeding upon a petition for the
KEY: Poe- Some leg.- Fails 121836 liberation of such person
3. that the offender without good reason
“Shall fail to deliver to proper (a) delays the service of the notice of
authorities” such order to the prisoner, OR (b) the
performance of such judicial or
- this does NOT mean physical delivery, but executive order for the release of the
the making of an accusation or charge, or prisoner, or the proceedings upon a
filing of an information against the person petition for the release of such person
arrested, with the corresponding court or KEY: Poe-J(oins)P(residency)- Without
judge. good reason
The article really refers to the delay in filing ART. 127: EXPULSION
the necessary information or charging of person
detained in court. ELEMENTS:
It does not contemplate actual physical
delivery but at least there must be a complaint 1. that the offender is a public officer or
filed. Duty complied with upon the filing of the employee
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2. that he: AGGRAVATING CIRCUMSTANCES:(medium

a. expels any person from the and maximum of penalty imposed):
Philippines, (illegal
deportation) OR 1. committed at nighttime
b. compels a person to change his 2. if any papers or effects not constituting
residence evidence of a crime are not returned
3. that the offender is not authorized by immediately, after a search is made by
law to do so the offender.
KEY: PEN
Two acts punishable: “Being authorized by law” – means with search
warrant, save himself or do some things good
a. by expelling a person from the for humanity
Philippines
b. by compelling a person to change his There must be expression that entry is denied
residence or that he is asked to leave
The crime of expulsion absorbs that of grave If the offender who enters the dwelling against
coercion. If done by a private person, it will the will of the owner thereof is a private
amount to grave coercion individual, the crime committed is trespass to
dwelling (Art 280)
DEPORTATION AND CHANGE OF
RESIDENCE AUTHORIZED BY LAW: ART. 129: SEARCH WARRANTS
MALICIOUSLY OBTAINED AND ABUSE IN
1. TO DEPORT: THE SERVICE OF THOSE LEGALLY
-Only President of the Philippines is OBTAINED
authorized to deport aliens under the RAC,
Sec. 69 with (1) investigation by the PUNISHABLE ACTS:
Deportation Board and (2) recommendation
of such Board to the President 1. BY PROCURING a search warrant
without just cause; or
2. TO COMPEL CHANGE OF RESIDENCE: 2. though having procured the same with
-Only the Court by a final judgment jus cause:
can order a person to change his residence.
Threat to national security is not a ground 1. BY EXCEEDING his authority
to expel or change his address OR,
2. BY USING INNECESSARY
ART. 128: VIOLATION OF DOMICILE SEVERITY in executing this
search warrant legally procured
PUNISHABLE ACTS:
ELEMENTS:
1. ENTERING any dwelling against the
will of the owner. The essence of the 1. That the offender is a public officer or
offense is the breaching of the express employee
or implied opposition of prohibition of 2. That he procures a search warrant
the owner. A mere entry without consent 2. That there is no just cause
will not constitute this crime. KEY: PPN
2. SEARCHING papers or other effects
found therein without the previous SEARCH WARRANT DEFINED
consent of such owner. It is an order in writing, issued in the
3. REFUSING to leave the premises: (a) name of the people of the Philippines, signed
after having surreptitiously entered said by a judge and directed to a peace officer
dwelling AND, (b) after having required commanding him to search for personal
to leave the same. THE ESSENCE of the property described therein and bring it
offense is the refusal to leave, and not before the court.
the entrance without consent.
ART. 130: SEARCHING DOMICILE WITHOUT
COMMON ELEMENTS: WITNESSES
1. that the offender is a public officer or ELEMENTS:

employee a. That the offender is a public
2. and that he is not authorized by officer or employee.
judicial order to enter the dwelling, b. That he is armed with a
and/or to make a search for papers and search warrant legally procured
for other effects. c. That he searches the domicile, papers or
other belongings of any person

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d. That the owner, or any member of his Special qualifying aggravating circumstances
family, or two witnesses residing in the a. if committed with violence OR
same locality are not present b. threats
KEY: Poe- Armed-Search- Not Present
ART. 133: OFFENDING RELIGIOUS
Order of those who must witness the search: FEELINGS
a. Homeowner
b. Members of the family of sufficient age ELEMENTS:
and discretion
c. Responsible members of the community 1. that the acts complained of were
performed (a) in a place devoted to
Validity of the search warrant can be religious worship (not necessarily
questioned only in 2 courts: where issued or during a religious worship), OR (b)
where the case is pending. Latter is during the celebration of any religious
preferred for objective determination ceremony (not necessarily in he place of
worship);
ART. 131: PROHIBITION, INTERRUPTION 2. that the acts must be notoriously
AND DISSOLUTION OF PEACEFUL MEETINGS offensive to the feelings of the faithful.
KEY:PN
ELEMENTS:
If in a place devoted to religious purpose, there
a. Offender is a public officer or employee is no need for an ongoing religious ceremony
b. He performs any of the ff. acts:
1. Prohibiting or interrupting, without Acts must be directed against religious practice
legal ground the holding of a or dogma or ritual for the purpose of ridicule, as
peaceful meeting, or dissolving the mocking or scoffing or attempting to damage an
same (e.g. denial of permit in object of religious veneration
arbitrary manner).
2. Hindering any person from joining There must be deliberate intent to hurt the
any lawful association or from feelings of the faithful, mere arrogance or
attending any of its meetings. rudeness is not enough
KEY: P-PH
TITLE III
Meeting must be peaceful and there is no legal CRIMES AGAINST PUBLIC ORDER
ground for prohibiting, dissolving or
interrupting that meeting Chapter I
Rebellion, Coup d’etat, Sedition, and
The offender must be a stranger, and not a Disloyalty
participant thereto otherwise the crime
committed would be unjust vexation. ART. 134: REBELLION or INSURRECTION
If the offender is a private individual, the crime Rebellion – the object of the movement is to
is disturbance of public order (Art 153) overthrow and supersede the
existing government.
The interruption of a peaceful meeting of a Insurrection – it refers to a movement which
municipal council by a public officer is a crime seeks merely to effect some change
against a legislative body and not punished of minor importance, or to prevent
under this Article. the exercise of governmental
authority with respect to particular
If the offender is a private individual, the crime matters or subjects.
is disturbance of public order (Art 153)
Elements:
ART. 132: INTERRUPTION OF RELIGIOUS 1. That there be:
WORSHIP a. public uprising; and
b. taking arms against the
ELEMENTS: government
2. That the purpose of the uprising or
1. that the offender is a public officer or movement is either
employee a. to remove from the allegiance to
2. that religious ceremonies or said Government or its laws
manifestations of any religion are about 1. the territory of the
to take place or are going on, and Philippines or any part
3. that the offender prevents or disturbs thereof; or
the same 2. any body of land, naval
KEY: PRP or other armed forces;
or
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b. to deprive the Chief Executive or Accompanied by: violence,

congress, wholly or partially, of intimidation, threat, strategy or stealth
any of their powers and 2. Directed against:
prerogatives. c. duly constituted authorities of
KEY: DURA the Republic of the Philippines,
or
Persons liable for rebellion d. any military camp or
a. Any person who: installation,
1. promotes e. communication networks,
2. maintains, or f. public utilities or
3. heads a rebellion or insurrection; or g. other facilities needed for the
b. Any person who, while holding any exercise and continued
public office or employment, takes part possession of power.
therein by: 3. Singly or simultaneously carried out
1. engaging in war against the forces of anywhere in the Philippines
the government 4. By any person or persons:
2. destroying property or committing a. belonging to the military or
serious violence police, or
3. exacting contributions or diverting b. holding any public office or
public funds from the lawful purpose employment
for which they have been with or without civilian support or
appropriated (Note: “diverting public participation,
funds” is malversation absorbed in 5. For the purpose of: seizing or
rebellion); diminishing state power.
4. Any person merely participating or
executing the command of others in KEY: Attack-vitss-Drmcuf-SAS
rebellion
ART. 135: PENALTY FOR REBELLION,
Actual clash of arms with the forces of the INSURRECTION OR COUP D’ETAT
Government is not necessary; it is sufficient
that the purpose of the uprising must be shown Who are Liable:
although it was not accomplished.
A. The leaders
Success is immaterial, purpose is always
political. 1. Any person who (a) promotes,
(b) maintains, or (c) heads a
Rebellion is cannot be complexed with any other rebellion or insurrection.
crime. However, illegal possession of firearms in 2. Any person who (a) leads, (b)
furtherance of rebellion is distinct from the directs, or (c) commands others to
crime of rebellion. Furthermore, it is a undertake coup d’etat;
continuing crime such along with the crime of KEY: PHM LCD
conspiracy or proposal to commit such
B. The participants:
A private crime may be committed during
rebellion. Examples: killing, possessions of 1. Any person who (a) participates
firearms, illegal association are absorbed. Rape, or (b) executes the commands of
even if not in furtherance of rebellion cannot be others in rebellion, insurrection
complexed or coup d’etat;
2. Any person not in the
Rebellion v. Treason government service who (a)
Rebellion always involves taking up arms participates, (b) supports, (c)
against the government, giving aid and finances, (d) abets or (e) aids in
comfort is not criminal in rebellion; undertaking a coup d’etat.
Treason may be committed by mere KEY: PE-pasa
adherence to the enemy giving them aid
or comfort. Public officer must take active part, to be liable;
mere silence or omission is not punishable in
Rebellion v. Subversion rebellion.
Subversion is a crime against national
security; Rebellion is a crime against When rebellion, insurrection or coup d’etat shall
public order. be under the command of unknown leaders,
any person who in fact directed the others,
ART. 134-A: COUP D’ETAT spoke for them, signed receipts and other
documents issue in their name, or performed
How committed: similar acts, on behalf of the rebels, shall be
1. It is a swift attack

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deemed a leader of such rebellion, insurrection KEY: NID spewbo

or coup d’etat.
Rebellion should not be committed.
ART. 136: CONSPIRACY AND PROPOSAL TO
COMMIT COUP D’ETAT, REBELLION OR ART. 139: SEDITION
INSURRECTION.
Elements:
There is Conspiracy when:
Two or more persons come to an agreement 1. That the offenders rise (a) publicly and
to commit coup d’etat or rebellion as the (b) tumultuously;
case may be, and decide to commit it. 2. That they employ force, intimidation or
other means outside of the legal
There is Proposal when: methods;
1. There is a person was decided to commit 3. That the offenders employ any of those
the crime of coup d’etat or rebellion as means to attain any of the following
the case may be, and purpose:
2. Proposes its execution to some other a. To prevent the promulgation or
person. execution of any law or the
holding of any popular election;
This is an instance where the law punishes b. To prevent the National
preparatory acts. Government, or any provincial or
municipal government, or any
ELEMENTS: public officer therefrom from
freely exercising its or his
1. Two (2) more persons come to an functions, or prevent the
agreement to rise publicly and take execution of any administrative
arms against the government order;
2. For any of the purposes of rebellion c. To inflict any act of hate or
3. They decide to commit it revenge upon the person or
KEY: AP Dc property of any public officer or
employee;
ART. 137: DISLOYALTY OF PUBLIC d. To commit, for any political or
OFFICERS AND EMPLOYEES social end, any act of hate or
revenge against private persons
Acts of disloyalty which are punished: or any social class; and
e. To despoil, for any political or
1. Failing to resist a rebellion by all the social end, any person,
means in their power; or municipality or province, or the
2. Continuing to discharge the duties of National Government of all its
their offices under the control of the property or any part thereof.
rebels; or KEY: REP Hate2 eed
3. Accepting appointment to office under
them. SEDITION defined : raising of commotion or
disturbances in the State. Its ultimate object
This act presupposes the presence of rebellion is a violation of the public peace or at least
by other persons. such measures that evidently engenders it.
The offender must not be in conspiracy with Distinguished from rebellion – In sedition, it is
the rebels. Otherwise, his crime is the same as sufficient that uprising is tumultuous. In
that of his co-conspirators. rebellion, there must be taking up of arms
against the government.
ART. 138: INCITING TO REBELLION OR In sedition the purpose may be either
INSURRECTION political or social while in rebellion it is
always political
Elements:
Distinguished from treason- Treason is the
1. That the offender does not take arms or violation by a subject of his allegiance to his
is not in open hostility against the sovereign, while sedition is the raising of
government; commotion or disturbances in the state.
2. That he incites others to the execution
of any of the acts of rebellion; Tumultuous – caused by more than 3 persons
3. That the inciting is done by means of who are armed or provided with means of
speeches, proclamations, writings, violence
emblems, banners or other
representations tending to the same Public uprising and the object of sedition must
end. concur
2006 BAR OPERATIONS
1. They tend to disturb or obstruct

In sedition – offender may be a private or public any lawful officer in executing the
person. functions of his office.
2. They tend to instigate others to
Common crimes are not absorbed in sedition. cabal and meet together for
unlawful purposes.
Persons Liable: 3. They suggest or incite rebellious
1. The leader of the sedition conspiracies or riots.
2. Other persons participating in the 4. They lead or tend to stir up the
sedition people against the lawful
authorities; or disturb the peace
CONSPIRACY TO COMMIT SEDITION of the community, the safety and
order of the Government.
Only conspiracy to commit sedition is
punishable, and not proposal to commit There are two rules relative to seditious
sedition. words:
Clear and Present Danger Rule
ART. 142: INCITING TO SEDITION - The words must be of such nature that by
uttering them there is a danger of a public
Punishable Acts: uprising and that such danger should be both
clear and imminent.
1. Inciting others to the accomplishment of
any of the acts of sedition, by means of Dangerous Tendency Rule
speeches, proclamations, writings, - There is inciting to sedition when the words
emblems, etc. uttered or published could easily produce
disaffection among the people and a state of
The essence is the inciting of the people feeling in them incompatible with a disposition
to rise publicly and tumultuously. It is to remain loyal to the Government and obedient
the use of words, emblems…etc. and not to the laws.
the performance of the act of sedition,
which is punished in inciting to sedition. CHAPTER II
CRIMES AGAINST POPULAR
2. Uttering seditious words or speeches REPRESENTATION
which tend to disturb the public peace.
3. Writing, publishing, or circulating ART. 143: ACTS TENDING TO PREVENT
scurrilous libels against the government THE MEETING OF THE ASSEMBLY AND
or any of the duly constituted SIMILAR BODIES
authorities, which tend to disturb the
public peace. ELEMENTS:
Actual disturbance or disorder is NOT 1.That there be a projected meeting or actual

necessary to inciting to sedition. meeting of:
a. the National Assembly (Congress)or
Inciting to sedition to accomplish any of its any of its committees or subcommittees,
objects; constitutional commissions or committees or
divisions, or of any provincial board or city or
ELEMENTS: municipal council or board.
b. That the offender who may be any
1. That the offender does NOT take person prevents such meeting by force or
direct part in the crime of sedition. fraud.
2. That he incites others to the KEY: M cccp P
accomplishment of any of the act
which constitutes sedition. ART. 144: DISTURBANCE OF PROCEEDINGS
3. That the inciting is done by means of
speeches, proclamations, writings, ELEMENTS:
emblems, cartoons, banners, or
other representations tending to 1. That there be a meeting of the Congress
the same end. or any of its committees or
KEY: NID spewboc (SEDITION) subcommittees, Constitutional
Commissions or committees, or any
Uttering seditious words or speeches and provincial board or city or municipal
writing and publishing or circulating council or board.
scurrilous libels are punishable – when: 2. That the offender does any of the
following acts:
a. He disturbs any of such meetings

2006 BAR OPERATIONS
b. He behaves while in the presence

of any such bodies, in such a Responsibility of persons merely present at the
manner as to interrupt its meeting:
proceedings or to impair the -if they are not armed, penalty is arresto mayor.
respect due it. -if they carry arms, like bolos or knives, or
KEY: MD db licensed firearms, penalty is prision
correccional.
Complaint must be filed by member of the
Legislative body. If any person carries an unlicensed firearm, it is
presumed that the purpose of the meeting
One who disturbs the proceedings of the insofar as he is concerned is to commit acts
Congress may also be punished for contempt by punishable under the RPC and he is considered
the Congress. a leader or organizer of the meeting.
ART.145: VIOLATION OF PARLIAMENTARY It is necessary that the audience is actually

IMMUNITY incited. If in the meeting the audience is incited
the commission of rebellion or sedition, the
Punishable Acts: crimes committed are ILLEGAL ASSEMBLY as
regards to the organizers or leaders or persons
1. Using force, intimidation, threats, or merely present; INCITING TO REBELLION or
fraud to prevent any member of SEDITION insofar as the one inciting them in
Congress from; concerned.
a. Attending any meetings of the
Congress or any of its committees ART. 147: ILLEGAL ASSOCIATIONS
or subcommittees, Constitutional
Commissions or committees or Prohibited Associations:
divisions; or
b. Expressing his opinions; or 1. Association totally or partially organized
c. Casting his vote for the purpose of committing any of the
crimes punishable under the Code.
Arresting or searching any member 2. Association totally or partially organized
while the Congress is in regular for some purpose contrary to public
session or special session, except in morals.
case such member has committed a
crime punishable under the Code by Persons Liable:
a penalty of Prision Mayor or higher.
(Under the 1987 Constitution: 1. Founders, directors and president of the
privilege from arrest while Congress association.
in session in all offenses punishable 2. Members of the association
by not more than 6 years
imprisonment). ART. 148: DIRECT ASSAULTS
KEY: P ace A
Kinds:
Chapter III
1. Simple Assault
ART.146: ILLEGAL ASSEMBLIES 2. Qualified Assault
Two forms of illegal Assembly: ELEMENTS OF THE 1ST FORM OF DIRECT

ASSAULT
1. 1st form - Any meeting attended by
armed persons for the purpose of 1. That the offender employs force or
committing any of the crimes intimidation.
punishable under the Code. KEY: MAC 2. That the aim of the offender is to attain any
2. 2nd form - Any meeting in which the of the purposes of the crime of rebellion or any
audience, whether armed or not, is of the objects of the crimes of sedition. (victim
incited to the commission of the crime need not be person in authority)
of treason, rebellion or insurrection, 3. That there is no public uprising.
sedition, or assault upon a person in KEY: FPN
authority or his agents. KEY: MI
ELEMENTS OF THE 2ND FORM OF DIRECT
Persons Liable in Illegal Assembly: ASSAULT:
1. The organizers or leaders of the meeting
2. Persons merely present at the meeting 1. That the offender:
(a) makes an attack,
Not all the persons present at the meeting of the (b) employs force,
first form of illegal assembly must be armed (c) makes a serious intimidation, or
2006 BAR OPERATIONS
(d) makes a serious resistance. commission or committee chairman or

2. That the person assaulted is a person in member authorized to summon
authority or his agent. witnesses.
3. That at the time of the assault the person in 2. Refusing to be sworn or placed under
authority or his agent affirmation while before such legislative
(a) is engaged in the actual performance or constitutional body or official.
of official duties (motive is not essential), or 3. Refusing to answer any legal inquiry or
(b)that he is assaulted by reason of the to produce any books, papers,
past performance of official duties (motive is documents, or records in his possession,
essential). when required by them to do so in the
4. That the offender knows that the one he is exercise of their functions.
assaulting is a person in authority or his agent 4. Restraining another from attending as a
in the exercise of his duties (with intention to witness in such legislative or
offend, injure or assault). constitutional body.
5. That there is no public uprising. 5. Inducing disobedience to summons or
KEY: O afir AT pp KN refusal to be sworn by any such body or
official.
Direct Assault is Qualified when: KEY: SARIO
1. Committed with a weapon
2. offender is a public officer or employee ART.151: RESISTANCE DISOBEDIENCE TO A
3. Offender lays hands upon a person in PERSON IN AUTHORITY OR THE AGENT OF
authority SUCH PERSON (par. 1)
Additional penalty for attacking an ambassador ELEMENTS:

or minister (RA 75) 1. That a person in authority or his agent is
engaged in the performance of official
Knowledge of the accused that the victim is a duty or gives a lawful order to the
person in authority or his agent is essential; offender.
must have the intent to defy the authorities. 2. That the offender resists or seriously
disobeys such person in authority or
ART. 149: INDIRECT ASSAULT his agent.
3. That the act of the offender is not
ELEMENTS: included in the provisions of arts. 148,
149 and 150.
1. That a person in authority or his agent is KEY: PDN
the victim of any of the forms of direct
assault defined in Art. 148. SIMPLE DISOBEDIENCE (par. 2)
2. That a person comes to the aid of such ELEMENTS:
authority or his agent. 1. That an agent of a person in authority is
3. That the offender makes use of force or engaged in the performance of official
intimidation upon such person coming duty gives a lawful order to the offender.
to the aid of the authority of his agent. 2. That the offender disobeys such agent of
KEY: VAF a person in authority.
3. That such disobedience is not of a
Can be committed only when a direct assault is serious nature.
also committed KEY: PDD
Offended party may be a private person; any ART. 152: PERSONS IN AUTHORITY/AGENTS
person who comes to the aid of a person in OF PERSONS IN AUTHORITY:
authority of his agent.
Persons in Authority – any person directly
ART. 150: DISOBEDIENCE TO SUMMONS vested with jurisdiction, whether as an
ISSUED BY THE NATIONAL ASSEMBLY, ITS individual or as a member of some court or
COMMITTEES OR SUBCOMMITTEES, BY THE governmental corporation, board or
CONSTITUTIONAL COMMISSION, ITS commission.
COMMITTEES, SUBCOMMITTEES OR Barangay captain
DIVISIONS Barangay chairman
Teachers
Punishable acts: Professors
Persons charged with the supervision of
1. Refusing, without legal excuse, to obey public or duly recognized private
summons of the National Assembly, its schools, colleges and universities
special or standing committees and Lawyers in the actual performance of their
subcommittees, the Constitutional professional duties or on the occasion of
Commissions and its committees, such performance
subcommittees and divisions, or by any

2006 BAR OPERATIONS
Agent of Person in Authority – any person Tumultuous – if caused by more than 3 persons
who, by direct provision of law or by election who are armed or provided with means of
or by appointment by competent authority, violence (circumstance qualifying the
is charged with the maintenance of public disturbance/interruption) – “tumultuous in
order and the protection and security of life character”
and property.
Barrio councilman ART. 154: UNLAWFUL USE OF MEANS OF
Barrio policeman PUBLICATION AND UNLAWFUL UTTERANCES
Barangay leader
Any person who comes to the aid of persons Punishable acts:
in authority
Section 388 of the Local Gov’t Code provides 1. Publishing or causing to be published,
that “for purposes of the RPC, the punong by means of printing, lithography or any
barangay, sangguniang barangay members other means of publication, as news, any
and members of the lupong tagapamayapa false news which may endanger the
in each barangay shall be deemed as public order, or to cause damage to the
persons in authority in their jurisdictions, interest or credit of the State.
while other barangay officials and members 2. Encouraging disobedience to the law or
who may be designated by law or ordinance to the constituted authorities or by
and charged with the maintenance of public praising, justifying or extolling any act
order, protection and the security of life, punished by law, by the same means or
property, or the maintenance of a desirable by words, utterances or speeches.
and balanced environment, and any 3. Maliciously publishing or causing to be
barangay member who comes to the aid of published any official resolution or
persons in authority shall be deemed document without authority, or before
AGENT of persons in authority. they have been published officially.
4. Printing, publishing or disturbing (or
V. CRIMES AGAINST PUBLIC causing the same) books, pamphlets,
DISORDERS periodicals, or leaflets which do not bear
the real printer’s name, or which are
ART. 153: TYPES OF TUMULTS AND OTHER classified as anonymous.
DISTURBANCES OF PUBLIC ORDER: KEY: PEMA
1. Causing any serious disturbance in a Actual public disorder or actual damage to the
public place, office or establishment credit of the State is not necessary.
2. Interrupting or disturbing public
performances, functions, gatherings or The offender must have the knowledge that the
peaceful meetings, if the act is not included news is false.
in Art 131 and 132 (Public officers
interrupting peaceful meetings or religious ART. 155: ALARMS AND SCANDALS
worship).
3. Making any outcry tending to incite Punishable Acts;
rebellion or sedition in any meeting,
association or public place 1. Discharging any firearm, rocket,
4. Displaying placards or emblems which firecracker, or other explosive within any
provoke a disturbance of public order in town or public place calculated to cause
such place alarm or danger (should not be aimed at
5. Burying with pomp the body of a person a person otherwise, shall be liable of Art.
who has been legally executed. 254)
KEY: DIOPP 2. Instigating or taking an active part in
any charivari or other disorderly
If the act of disturbing or interrupting a meeting meeting offensive to another or
or religious ceremony is NOT committed by prejudicial to public tranquility.
public officers, or if committed by public 3. Disturbing the public peace while
officers they are not participants therein, wandering about at night or while
this article applies. Art 131 and 132 engaged in any other nocturnal
punishes the same acts if committed by amusements.
public officers who are NOT participants in 4. Causing any disturbance or scandal in
the meeting public places while intoxicated or
The outcry is merely a public disorder if it is an otherwise, provided 153 is not
unconscious outburst which, although applicable.
rebellious or seditious in nature, is not KEY: DC DS
intentionally calculated to induce others to
commit rebellion or sedition, otherwise, its The act must produce alarm or danger as a
inciting to rebellion or sedition. consequence.

2006 BAR OPERATIONS
CHARIVARI – includes a medley of discordant DISORDERS, CONFLAGRATION,

voices, a mock serenade of discordant noises EARTHQUAKES OR OTHER CALAMITIES.
made on kettles, tin, horns, etc. designed to
annoy or insult.
ELEMENTS:
If the disturbance is of a serious nature, the
case will fall under Art. 153. 1. That the offender is a convict by final
judgment, and is confined in a penal
ART. 156: DELIVERING PRISONERS FROM institution
JAIL 2. That there is disorder resulting from:
a. conflagration,
ELEMENTS: b. earthquake,
c. explosion, or
1. That there is a person confined in a jail d. similar catastrophe, or
or penal establishment (detention e. mutiny in which he has not
included) participated.
2. That the offender removes such person, 3. That the offender evades the service of
or helps the escape of such person. his sentence by leaving the penal
KEY: CR institution where he is confined, on the
occasion of such disorder or during the
Offender is a private individual mutiny.
4. That the offender fails to give himself up
Public officer in custody: Infidelity in the to the authorities within 48 hours
custody of a prisoner. following the issuance of a proclamation
by the Chief Executive announcing the
Prisoner may be detention prisoner or one passing away of such calamity.
sentenced by virtue of a final judgment KEY: CDLF
Circumstances qualifying the offense – violence, If the offender fails to give himself up, he gets
intimidation or bribery. an increased penalty.
Mitigating circumstance – if it takes place
outside the penal establishment by taking Penalty: an increase by 1/5 of the time
the guards by surprise remaining to be served under the original
sentence, in no case to exceed 6 months.
VI. EVASION OF SENTENCE OR SERVICE
If the offender gives himself up, he is entitled to
ART. 157: EVASION OF SERVICE OF a deduction of his sentence. Offender must
SENTENCE escape to be entitled to allowance
ELEMENTS: OTHER CASES OF EVASION OF SENTENCE
1. That the offender is a convict by final ART. 159: VIOLATION OF CONDITIONAL

judgment. PARDON
2. That he is serving his sentence, which
consists in deprivation of liberty. ELEMENTS:
3. That he evades the service of his
sentence by escaping during the term of 1. That the offender was a convict
his sentence. (by reason of final 2. That he was granted a conditional
judgment) pardon by the Chief Executive
KEY: CSE 3. That he violated any of the conditions of
such pardon
Circumstances qualifying the offense: KEY: CPV
1. By means of unlawful entry
2. By breaking doors, windows, gates, Violation of Conditional Pardon is a distinct
walls, roofs or floors. crime; Conditional Pardon is a contract between
3. By using picklocks, false keys, disguise, the convict and the Chief Executive.
deceit, violence, or intimidation
4. Through connivance with other convicts Conditions extend to special laws
or employees of the penal institution.
Offender must be found guilty of subsequent
Evasion of service of sentence is a continuing offense before he can be prosecuted under Art.
offense. 159
ART. 158: EVASION OF SERVICE OF Offender can be arrested and reincarcerated

SENTENCE ON THE OCCASION OF without trial – in accordance with Sec. 64 (1) of
the Revised Administrative Code.
2006 BAR OPERATIONS
ART. 161: COUNTERFEITING THE GREAT

Two penalties provided: SEAL OF THE GOVERNMENT, THE
a. Prision correccional in its minimum period – SIGNATURE, OR THE STAMP OF THE CHIEF
if the penalty remitted does not exceed 6 years EXECUTIVE
b. The unexpired portion of his original sentence
– if the penalty remitted is higher than 6 years Punishable Acts:
VII. COMMISSION OF ANOTHER CRIME 1. Forging the Great Seal of the

Government of the Philippines
ART. 160: COMMISSION OF ANOTHER
CRIME DURING THE SERVICE OF PENALTY 2. Forging the signature of the President
IMPOSED FOR ANOTHER PREVIOUS
OFFENSE (QUASI-RECIDIVISM) 3. Forging the stamp of the President
ELEMENTS: When the signature of the President is forged, it

is not falsification but forging of signature under
1. That the offender was already this article
convicted by final judgment
2. That he committed a new felony ART. 162 USING FORGED SIGNATURE OR
before beginning to serve such COUNTERFEIT SEAL OR STAMP
sentence or while serving the same.
ELEMENTS:
QUASI-RECIDIVISM, defined. 1. That the Great Seal of the Republic was
A special aggravating circumstance where a counterfeited or the signature or stamp
person after having been convicted by final of the Chief Executive was forged by
judgment, shall commit a new felony before another person.
beginning to serve such sentence, or while 2. That the offender knew of the
serving the same. counterfeiting or forgery.
3. That he used the counterfeit seal or
Second crimes must be punishable by the RPC, forged signature or stamp.
not special laws. First crime may be either from
the RPC or special laws.It does not require that The offender should not be the forger/not the
the two offense are embraced in the same title of cause of the counterfeiting.
the Code.
ART. 163: MAKING AND IMPORTING AND
As distinguished from REITERACION which UTTERING FALSE COINS
requires that the offender against whom it is
considered shall have served out his sentences ELEMENTS:
for the prior offenses.
1. That there be false or counterfeited coins
If new felony is evasion of sentence – offender is 2. That the offender either made, imported
not a quasi-recidivist or uttered such coins
3. That in case of uttering such false or
Penalty: maximum period of the penalty for the counterfeited coins, he connived with the
new felony should be imposed (mitigating counterfeiters or importers
circumstance can only be appreciated if the
maximum is divisible) Coin is FALSE or COUNTERFEITED, if it is
forged or if it is not authorized by the
Quasi-Recidivism may be offset by a special Government as legal tender, regardless of its
privileged mitigating circumstance (ex. Minority) intrinsic value.
but not by ordinary mitigating circumstances.
To UTTER is to pass counterfeit coins, includes
Who can be PARDONED: delivery or the act of giving them away.
1. At the age of 70 if he shall have already The article applies to Both Philippine and
served out his original sentence ( NOT A foreign state coins and even to former coins
HABITUAL CRIMINAL); or withdrawn from circulation.
2. When he shall complete it after reaching
the said age, unless by reason of his The essence of article is to prohibit the making
conduct or other circumstances he shall of coins without authority.
not be worthy of such clemency
ART. 164: MUTILATION OF COINS,
TITLE IV IMPORTATION AND UTTERANCE OF
CRIMES AGAINST PUBLIC INTEREST MUTILATED COINS
Punishable Acts:
2006 BAR OPERATIONS
Notes and other Obligations and Securities

1. Mutilating coins of the legal currency, that may be forged or falsified under 166:
with the further requirement that there 1. Treasury or bank notes
be intent to damage or to defraud 2. Certificates
another. 3. Other obligations and securities, payable
2. Importing or uttering such mutilated to bearer.
coins, with the further requirement that
there must be connivance with the Forging – by giving a treasury or bank note or
mutilator or importer in case of uttering. document payable to bearer/order an
appearance of a true and genuine document
Article applies only to Philippines coins being Falsification – by erasing, substituting,
used as legal tender and does not extends to counterfeiting or altering by any means the
foreign currency. figures and letters, words, signs contained
therein
MUTILATION – to take off part of the metal
either by filling it or substituting it for another ART. 167: COUNTERFEITING, IMPORTING
metal of inferior quality. AND UTTERING INSTRUMENTS NOT
PAYABLE TO BEARER
ART. 165: SELLING OF FALSE OR ELEMENTS:
MUTILATED COIN WITHOUT CONNIVANCE 1. That there be an instrument payable to
order or other such document of credit
Punishable Acts: not payable to bearer
1. Possession of coin, counterfeited or 2. That the offender either forged, imported
mutilated by another person, with intent to or uttered such instrument
utter the same, knowing that it is false or 3. That in case of uttering, he connived
mutilated. with the forger or importer.
ELEMENTS: ART. 168: ILLEGAL POSSESSION AND USE

OF FALSE TREASURY OR BANK NOTES AND
a. Possession OTHER INSTRUMENTS OF CREDIT
b. With intent to utter
c. Knowledge ELEMENTS:
2. Actually uttering such false or mutilated 1. That any treasury or bank note or
coin, knowing the same to be false or mutilated certificate or other obligation and
security payable to bearer or any
ELEMENTS: instrument payable to the order or other
document of credit not payable to bearer
a. Actually uttering is forged or falsified by another person.
b. Knowledge 2. That the offender knows that any of
those instruments is forged or falsified.
Possession does not require legal tender in 3. That he performs any of these acts:
foreign coins a. Using any of such forged or
falsified instruments
Article includes constructive possession b. Possession with intent to use of
any of such forged or falsified
Accused must have knowledge of the fact that instruments.
the coin is false
Act sought to be punished: Knowingly
ART. 166: FORGING TREASURY OR BANK possessing with intent to use any of such
NOTES OR OTHER DOCUMENTS PAYABLE forged treasury or bank notes
TO THE BEARER; IMPORTING AND
UTTERING SUCH FALSE OR FORGED NOTES ART. 169: FORGERY
AND DOCUMENTS
How Forgery is committed:
Punishable Acts:
1. By giving a treasury or bank note or any
1. Forging or falsification of treasury or instrument payable to bearer or to order
bank notes or other documents payable mentioned therein, the appearance of a
to bearer true and genuine document.
2. Importation of such false or forged 2. By erasing, substituting, counterfeiting
obligations or notes or altering by means the figures, letters,
3. Uttering of such false or forged words, or sign contained therein.
obligations or notes in connivance with 3. Forgery includes falsification and
the forgers or importers. counterfeiting

2006 BAR OPERATIONS
The accused must exert effort to make it appear

like a genuine document. FALSIFICATION is the commission of any of the
The crime of falsification must involve a writing acts mentioned in Art. 171 on legislative, public
which is a document in the legal sense. or official, commercial, or private documents.
DOCUMENT refers to any written statement by ART. 171: FALSIFICATION BY PUBLIC

which a right is established or an obligation OFFICER, EMPLOYEE; OR NOTARY OR
extinguished. ECCLESIASTICAL MINISTER
Classification of Documents: Elements:

1. Public documents –
a. document created, executed or issued 1. That the offender is public officer,
by a public official in response to exigencies of employee or notary public
the public service, or in execution of which a 2. That he takes advantage of his official
public official intervened; position: (requisites)
b. instrument authorized by a notary a. He has a duty to make or prepare
public or a competent public official with the or otherwise intervene in the
solemnities required by law. preparation of the document
b. He has official custody of the
2. Official document – issued by a public official document which he falsifies.
in the exercise of the functions of his office; also 3. That he falsifies a document by
a public document. committing any of the following acts:
a. Counterfeiting or imitating any
3. Commercial document – defined and handwriting, signature or rubric
regulated by the Code of Commerce or other b. Causing it to appear that persons
Commercial Law. have participated in any act or
proceeding when they did not in
4. Private document – a deed or instrument fact so participate.
executed by a private person without the c. Attributing to persons who have
intervention of a notary public or other person participated in an actor
legally authorized, by which document, some proceeding statements other than
disposition or agreement is proved, evidenced or those in fact made them.
set forth. d. Making untruthful statements in
a narration of facts.
Importance of Classification: e. Altering true dates.
In private documents, criminal liability f. Making any alteration or
will not arise unless there is damage caused to intercalation in a genuine
third person. Mere falsity will not bring about document which changes its
criminal liability. meaning.
In public or commercial documents, g. Issuing in an authenticated form
criminal liability can arise although no third a document purporting to be a
person suffered damage. copy of an original document
when no such original copy
exists, or including in such copy
ART. 170: FALSIFICATION OF LEGISLATIVE to, or different from that of the
DOCUMENTS genuine original.
h. Intercalating any instrument or
Elements: note relative to the issuance in a
protocol, registry or official book.
1. That there be a bill, resolution or 4. In case the offender is an ecclesiastical
ordinance enacted or approved or minister, the act of falsification is
pending approval by the National committed with respect to any record or
Assembly or any provincial board or document of such character that its
municipal council falsification may affect the civil status of
2. That the offender alters the same persons.
3. That he has no proper authority KEY: OTFC
4. That the alteration has changed the
meaning of the document. Falsification may be committed by simulating or
KEY: BANC fabricating a document.
FORGERY as used in Art. 169 refers to the It is not necessary that what is falsified is a
alteration, substitution or counterfeiting of genuine or real document, what is enough is
words, letters, signatures of treasury notes or that it gives an appearance of a genuine article.
bank notes or any instrument payable to bearer However, genuine documents in paragraphs f, g,
or to order. Making it appear like a genuine and h are necessary.
instrument.
2006 BAR OPERATIONS
There is no crime of attempted or frustrated If the estafa was already consummated at the
falsification of public document time of the falsification of the private document,
or that the falsification was committed for the
Feigning refers to the simulating a signature, purpose of concealing the estafa, the
handwriting, or rubric out of one of which does falsification is not punishable because there
not in fact exist was no damage or intent to cause damage with
regard to the falsification.
Persons liable:
1. Any public officer, employee or notary public ART. 173: FALSIFICATION OF WIRELESS,
2. Ecclesiastical minister CABLE, TELEGRAPH AND TELEPHONE
MESSAGES, AND USE OF SAID FALSIFIED
ART.172: FALSIFICATIONS BY PRIVATE MESSAGES
INDIVIDUALS & USE OF FALSIFIED
DOCUMETS Punishable Acts:
PUNISHABLE ACTS: 1. Uttering fictitious wireless, telegraph or

telephone message.
1. Falsification of public , official, 2. Falsifying wireless, telegraph or
commercial document by a private telephone message.
individual 3. Using such falsified message.
a. Possessor of a falsified document
is presumed to be the author of “Using fictitious message or falsifying the
the falsification. same”
b. Damage or intent to cause the ELEMENTS:
damage is not necessary in
Art.172 par.1 1. That the offender is an officer or
employee of the Government or an
2. Falsification of private document by any officer or employee of a private
person corporation, engaged in the service of
a. The offender must have sending or receiving wireless, cable or
counterfeited the false document telephone message.
and he must have performed an 2. That the offender commits any of the
independent act which operates following acts:
to the prejudice of a third person. a. Uttering fictitious wireless,
cable, telegraph or telephone
Use of a falsified document message; or
1. In a Judicial proceeding b. Falsifying wireless, cable,
- as evidence, with knowledge of telegraph, or telephone
falsity message.
2. In any other transaction
-with knowledge of falsity, caused or The public officer, to be liable, must be engaged
with intent to cause damage to in the service of sending or receiving wireless,
another. cable, telegraph or telephone message.
FALSIFICATION as means to commit ESTAFA “Use of said falsified messages”
When committed on a document through any of ELEMENTS:

the acts of falsification enumerated in Art. 171
as a necessary means to commit another crime, 1. That the accused knew that wireless,
the two crimes form a COMPLEX CRIME cable, telegraph, or telephone message
was falsified by any of the persons
But the document falsified as a necessary specified in the first paragraph of Art.
means to commit another crime must be 173.
PUBLIC, OFFICIAL or COMMERCIAL. If one 2. That the accused used such falsified
makes use of a private document, which dispatch.
requires another independent act independent 3. That the use of falsified dispatch
of the falsification, which he falsified, to defraud resulted in the prejudice of a third
another, there results only one crime – party, or that the use thereof was with
FALSIFICATION OF A PRIVATE DOCUMENT intent to cause such prejudice.
If a private document is falsified to conceal the Private individuals cannot be a principal by

misappropriation of the money or other personal direct participation in falsification of telegraphic
property which has been in the possession of dispatches under Art. 173
the offender the crime is – ESTAFA WITH
ABUSE OF CONFIDENCE Act. No. 1851, Sec. 4, punishes private
individuals who forge or alter telegram.
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ART. 176: MANUFACTURING AND

ART. 174: FALSIFICATION OF MEDICAL POSSESSION OF INSTRUMENT OR
CERTIFICATES, FALSE CERTIFICATES OF IMPLEMENTS FOR FALSIFICATION.
MERIT OR SERVICE, ETC.
Acts punishable:
CERTIFICATE – is any writing by which ]
testimony is given that a fact has or has not 1. Making or introducing into the
taken place. Philippines any stamps, dies, marks, or
other instruments or implements for
PERSONS LIABLE FOR FALSIFICATION OF counterfeiting of falsification.
CERTIFICATES:
2. Possessing with intent to use the
1. Physician or surgeon who, in connection instruments or implements for
with the practice of his profession, counterfeiting or falsification made in or
issued a false certificate. (IT MUST introduced into the Philippines by
REFER TO THE ILLNESS OR INJURY another person.
OF A PERSON)
II. OTHER FALSITIES
 The name of the crime is FALSE
MEDICAL CERTIFICATE by a ART 177: USURPATION OF AUTHORITY OR
physician. OFFICIAL FUNCTIONS:
2. Public officer who issued a false Two ways of committing the crime:
certificate of merit or service, good
conduct or similar circumstances. 1. By knowingly and falsely representing
oneself to be an officer, agent or
 The name of the crime is FALSE representative of any department or
CERTIFICATE OF MERIT OR agency of the Philippine government or
SERVICE by a public officer. any foreign government.
3. Private individual who falsified a 2. By performing an act pertaining to

certificate falling in the classes any person in authority or public officer
mentioned in nos. 1 and 2. of the Phil government or foreign
government under the pretense of such
 The crime is FALSE MEDICAL official position, and without being
CERTIFICATE by a private individual lawfully entitled to do so.
or FALSE CERTIFICATE OF MERIT
OR SERVICE by a private individual. In usurpation of authority, the mere act of
knowingly and falsely representing oneself is
ART. 175: USING FALSE CERTIFICATES sufficient. It is not necessary that he performs
an act pertaining to a public officer.
ELEMENTS:
In usurpation of official functions, it is
1. That a physician or surgeon had issued essential that the offender should have
a false medical certificate, or a public performed an act pertaining to a person in
officer had issued a false certificate of authority
merit or service, good conduct, or
similar circumstances, or a private A public officer may also be an offender
person has falsified any of said
certificates. The act performed without being lawfully
entitled to do so must pertain:
2. That the offender knew that the -to the government
certificate was false. -to any person in authority
-to any public office
3. That he used the same.
ART.178:USING FICTITIOUS NAME AND
When any of the false certificates mentioned CONCEALING TRUE NAME
in Art. 174 are used in the judicial
proceeding, Art. 172 does not apply, ELEMENTS (using fictitious name) :
because the use pf false document in
judicial proceeding under Art. 172 is limited 1. That the offender uses a name other than his
to those false documents embraced in Art. real name.
171 and 172. 2 That he uses that fictitious name publicly.
3. That the purpose of the offender is –
a. To conceal a crime,
b. To evade the execution of a judgment OR
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c. To cause damage to public interest. 1. False testimony by negative statement is in

favor of the defendant
ELEMENTS (concealing true name): 2. False testimony need not in fact benefit the
defendant
1. that the offender conceals –
a. his true name, and A statement of a mere opinion is not punishable
b. all other personal circumstances.
that the purpose is only to conceal Conviction or acquittal is not necessary likewise
his identity. there is no need that the false testimony
influenced the acquittal.
ART. 179: ILLEGAL USE OF UNIFORM OR
INSIGNIA A defendant who voluntarily goes up on the
witness stand and falsely imputes the offense to
ELEMENTS: another person the commission of the offense is
liable under this article. If he merely denies the
1. That the offender makes use of commission of the offense, he is not liable.
insignia, uniform or dress.
2. That the insignia, uniform or dress The basis of penalty under this article depends
pertains to an office not held by the on the gravity of the felony charged against the
offender or to a class of persons of defendant.
which he is not a member.
3. That said insignia, uniform or dress is ART. 182: FALSE TESTIMONY IN CIVIL
used publicly and improperly. CASES
In illegal use of uniform and insignia, the exact ELEMENTS:

imitation of the dress or uniform is unnecessary
1. That the testimony must be given in a
ART. 180: FALSE TESTIMONY AGAINST A civil case.
DEFENDANT 2. That the testimony must relate to the
issues presented in said case.
ELEMENTS: 3. That the testimony must be false.
4. That the false testimony must be given
1. That there be a criminal proceeding. by the defendant knowing the same to
2. That the offender testifies falsely under be false.
oath against the defendant therein. 5. That the testimony must be malicious
3. That the offender who gives false and given with an intent to affect the
testimony knows that it is false. issues presented in the said case
4. That the defendant against whom the KEY: CIF DM
false testimony is given is either
acquitted or convinced in a final Article is not applicable when testimony given in
judgment (the prescriptive period starts a special proceeding, in this case the crime
at this point) committed is perjury
KEY: PTKA
The basis of penalty is the amount involved in
In giving false testimony against a defendant the civil case
there is always the present of criminal intent. It
cannot be committed through negligence. ART. 183: FALSE TESTIMONY IN OTHER
CASES AND PERJURY IN SOLEMN
The defendant must at least be sentenced to a AFFIRMATION
correctional penalty or a fine or must have been
acquitted ELEMENTS:
The liability of the witness who gave false 1. That an accused made a statement
testimony still exists even if the court did not under oath or made an affidavit upon a
consider his testimony material matter.
2. That the statement or affidavit was made
The penalty being imposed under this article is before a competent officer, authorized to
dependent upon sentence imposed on the receive and administer oath.
defendant. 3. That in that statement or affidavit, the
accused made a willful and deliberate
ART. 181: FALSE TESTIMONY IN FAVOR OF assertion of a falsehood, and
DEFENDANT in a criminal case 4. That the sworn statement or affidavit
containing the falsity is required by law.
ELEMENTS: KEY: SMWR
Two ways of committing perjury:

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1. by falsely testifying under oath III. FRAUDS

2. by making a false statement
ART 185: MACHINATIONS IN PUBLIC
Subornation of perjury- procures another to AUCTION
swear falsely.
ELEMENTS:
Solemn affirmation refers to non-judicial
proceedings and affidavits 1. That there be a public auction.
2. That the accused solicited any gift or a
A false affidavit to a criminal complaint may give promise from any of the bidders.
rise to perjury 3. That such gifts or promise was the
consideration for his refraining from
A matter is material when it is directed to prove taking part in that public auction.
a fact in issue 4. That the accused had the intent to cause
the reduction of the price of the thing
A “competent person authorized to administer auctioned.
an oath” refers to a person who has a right to
inquire into the questions presented to him ELEMENTS OF ATTEMPTING TO CAUSE
upon matters under his jurisdiction BIDDERS TO STAY AWAY:
There is no perjury through negligence or 1. That there be a public auction.
imprudence since the assertion of falsehood 2. That the accused attempted to cause the
must be willful and deliberate bidders to stay away from that public
auction
Even if there is no law requiring the statement 3. That it was done by threats, gifts,
to be made under oath, as long as it is made for promises, or any other artifice.
a legal purpose, it is sufficient 4. That the accused had the intent to cause
the reduction of the price of the thing
Perjury is an offense which covers false oaths auctioned.
other than those taken in the course of judicial
proceedings ART. 186: MONOPOLIES AND
COMBINATIONS IN RESTRAINT OF TRADE:
False testimony before the justice of the peace
during the preliminary injunction may give rise Acts punished:
to the crime of perjury because false testimony
in judicial proceedings contemplates an actual 1. Combination to prevent free competition in
trial where a judgment of conviction or acquittal the market.
is rendered 2. By entering into a contract or agreement or
taking part in any conspiracy or
A person who knowingly and willfully procures combination in the form of a trust or
another to swear falsely commits subornation of otherwise, in restraint of trade or commerce
perjury and the witness suborned does testify or prevent by artificial means free
under circumstances rendering him is guilty of competition in the market (It is enough that
perjury. initial steps are taken. It is not necessary
that there be actual restraint of trade)
ART. 184: OFFERING FALSE TESTIMONY IN 3. Monopoly to restrain free competition in the
EVIDENCE market
ELEMENTS: By monopolizing any merchandise or
object of trade or commerce, by
1. That the offender offered in evidence a combining with any person or persons to
false witness or false testimony. monopolize said merchandise or object
2. That he knew the witness or the in order to alter the prices thereof by
testimony was false. spreading false rumors or making use of
3. That the offer was made in a judicial or any other artifice to restrain free
official proceeding. competition in the market
KEY: EKO
Manufacturer, producer or processor or
The article applies when the offender without importer combining, conspiring or agreeing
inducing another, but knowing him to be a false with any person to make transactions
witness, presented him and the latter testified prejudicial to lawful commerce or to increase
falsely in a judicial or official proceeding the market price of the merchandise.
The false witness need not be convicted of false Person/s liable:
testimony. The mere offer is sufficient. manufacturer
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producer 3. By using or substituting the service mark

processor of some other person, or a colorable
importer imitation of such marks, in the sale or
advertising of services
Crime is committed by: 4. By printing, lithographing or reproducing
combining trade name, trademark or service mark
conspiring of one person, or a colorable limitation
agreeing with another person thereof, to enable another person to
fraudulently use the same, knowing the
The purpose is: fraudulent purpose for which it is to be
1. to make transactions prejudicial to lawful used.
commerce
2. to increase the market price of any ART. 189: UNFAIR COMPETITION,
merchandise or object of commerce FRAUDULENT REGISTRATION OF
manufactured, produced, processed, TRADENAME, TRADEMARK SERVICE MARK,
assembled or imported into the Phil FRAUDULENT DESIGNATION OF ORIGIN,
AND FALSE DESCRIPTION
Also liable as principals:
corporation/association Acts punished:
agent/representative 1. Unfair competition by selling his goods,
director/manager – who willingly permitted giving them the general appearance of
or failed to prevent commission of above the goods of another manufacturer or
offense dealer
2. Fraudulent designation of origin; false
Aggravated if items are: description by (a) affixing to his goods or
food substance using in connection with his services a
motor fuel or lubricants false designation of origin; or any false
goods of prime necessity description or representation, and (b)
selling such goods or services
ART.187: IMPORTATION AND DISPOSITION 3. Fraudulent registration by procuring
OF FALSELY MARKED ARTICLES OR fraudulently from the patent office the
MERCHANDISE MADE OF GOLD, SILVER, OR registration of t/m, t/m or service mark.
OTHER PRECIOUS METALS OR THEIR
ALLOYS ELEMENTS:
ELEMENTS: 1. That the offender gives his goods the

general appearance of the goods of
1. That the offender imports, sells or another manufacturer or dealer
disposes of any of those articles or 2. That the general appearance is shown in
merchandise. the (a) goods themselves, or in the (b)
2. That the stamps, brands, or marks or wrapping of their packages, or in the (c)
those articles or merchandise fails to device or words therein, or in (d) any
indicate the actual fineness or quality of other feature of their appearance
said metals or alloys. 3. That the offender offers to sell or sells
3. That the offender knows that the said those goods or gives other persons a
stamp, brand, or mark fails to indicate chance or opportunity to do the same
the actual fineness or quality of the with a like purpose.
metals or alloys. 4. That there is actual intent to deceive the
public or defraud a competitor.
ART. 188: SUBSTITUTING – ALTERING
TRADE-MARK, TRADENAME, OR SERVICE TITLE FIVE
MARK CRIMES RELATED TO OPIUM AND OTHER
PROHIBITED DRUGS (190-194)
Acts punishable:
THE DANGEROUS DRUGS ACT OF 1972
1. By (a) substituting the trade name or (RA No. 6425, as amended)
trademark of some other manufacturer
or dealer or a colorable imitation thereof, Acts Punishable:
for the trade name or trademark of the
real manufacturer or dealer upon any 1. importation of prohibited drugs
article of commerce and (b) selling the 2. sale, administration, delivery, distribution
same. and transportation of prohibited drugs
2. By selling or by offering for sale such 3. maintenance of a den, dive or resort for
article of commerce, knowing that the prohibited drug users
trade name or trademark has been 4. being employees or visitors of drug den
fraudulently used 5. manufacture of prohibited drugs
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6. possession or use physical/physiological condition does not

7. cultivation of plants require the use of thereof
8. failure to comply with provisions relative to
keeping of records of prescription Possession of opium pipe, equipment,
9. unnecessary prescription apparatus or any paraphernalia fit or
10. possession of opium pipe and other intended for smoking, consuming,
paraphernalia administering, injecting, ingesting, or
11. importation, sale, etc. of regulated drugs otherwise using opium or any other
prohibited drug, shall be prima facie
Importation of prohibited/regulated drugs. evidence that the possessor has smoked,
Sale, administration, delivery, distribution consumed, administered to himself, injected
and transaction of prohibited/regulated or used a prohibited drug.
drugs. Attempt and conspiracy to commit the
following offenses:
Qualifying Circumstances – if the victim of the
offense is a minor or should a 1. Importation of dangerous drugs
prohibited/regulated drug involve in any offense 2. Sale, administration, delivery,
under this section be the proximate cause of the distribution and transportation of dangerous
death of a victim thereof, the maximum penalty drugs
herein shall be imposed. 3. Maintenance of a den, dive or resort
for prohibited drugs
Maintenance of a den, dive, or resort for 4. Manufacture of dangerous drugs
prohibited/regulated drug users. 5. Cultivation or culture of plants which
are sources of prohibited drugs
Qualifying Circumstance – where a
prohibited/regulated drug is administered, Other persons liable:
delivered, or sold to a minor who is allowed to
use the same in such place, or should a If the violation of the Act is committed by a
prohibited drug be the proximate cause of the partnership, corporation, association or any
death of the person using the same in such den, judicial person, the partner, president,
dive or resort, the maximum of the penalty shall director, or manager who consents to or
be imposed. knowingly tolerates such violation shall be
held criminally liable as co-principal.
Manufacture of prohibited/regulated drugs.
Possession of prohibited/regulated drugs. Partner, president, director, manager, officer
Cultivation of plants which are sources of or stockholder, who knowingly authorizes,
prohibited drugs. tolerates, or consents to the use of a vehicle,
vessel, or aircraft as an instrument in the
The land/portions thereof and/or greenhouses importation, sale, delivery, distribution or
in which any of the said plants is cultivated or transportation of dangerous drugs, or to the
cultured shall be confiscated and escheated to use of their equipment, machines or other
the State, unless the owner thereof can prove instruments in the manufacture of any
that he did not know of such cultivation or dangerous drugs, if such vehicle, vessel,
culture despite the exercise of due diligence on aircraft, equipment, or other instrument, is
his part. owned or under the control and supervision
of the partnership, corporation, association
Qualifying Circumstance – if the land involved or judicial entity to which they are affiliated.
is part of the public domain, the maximum of
the penalty herein provided shall be imposed. Government official, employee or officer who
is found guilty of “planting” any dangerous
Failure to keep records of prescription, sales, drugs in the person or in the immediate
purchases, acquisitions and/or deliveries of vicinity of another as evidence to implicate
prohibited/regulated drugs the latter.
Persons liable: II. For the purpose of enforcing the

Pharmacist, Physician, Dentist, provisions of this Act, all school
Veterinarian, Manufacturer, Wholesaler, heads, supervisors and teachers shall
Importer, Distributor, Dealer, Retailer be deemed to be persons in authority
and, as such, are vested with the
power to apprehend, arrest, or cause
Unlawful prescription of the apprehension or arrest of any
prohibited/regulated drugs person who shall violate any of the
said provision.
Persons Liable: Physician or dentist who
shall prescribe any prohibited/regulated They shall be considered as persons in
drug for any person whose authority if hey are in the school or
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within its immediate vicinity, or beyond recidivist, the penalty thereof shall be
such immediate vicinity of they are in deemed to have been served in the center
attendance in any school or class upon his release therefrom.
function in their official capacity as
school heads, supervisors or teachers. The period of prescription of the offense
charged shall not run during the time that
Any teacher or school employee who the respondent/accused is under detention
discovers or finds that any person in the or confinement in a center.
school or within its immediate vicinity is
violating this Act shall have the duty to Requisites of suspension of sentence for
report the violation to the school head or first offense in a minor:
supervisor who shall, in turn, report the
matter to the proper authorities. Failure If accused is a minor (under 18 years of age
to report in either case shall, after at the time of the commission of the offense
hearing, constitute sufficient cause for but not more than 21 years of age when the
disciplinary action. (Sec. 28) judgement should have been promulgated.
Rules: He has not been previously convicted of

violating any provision of this Act or of the
Voluntary submission of a drug dependent RPC or placed on probation.
to confinement, treatment and rehabilitation Sentence shall be deferred and the accused
by the drug dependent himself or through shall be placed on probation under the
his parent, guardian or relative within the supervision of the Board.
4th civil degree of consanguinity or affinity,
in a center and compliance with such In case of violation of conditions of pardon,
conditions therefor as the Dangerous Drugs court shall pronounce judgement of conviction
Board may prescribe shall exempt from and he shall serve sentence.
criminal liability for possession or use of the
prohibited/regulated drug. If accused did not violate conditions of
probation, case shall be dismissed upon
Should the drug dependent escape from the expiration of the designated period.
center, he may submit himself for
confinement within 1 week from the date of Cultivation of plants – Sec 9 – land,
his escape, of his parent guardian or relative portions of land, greenhouse on which any
may, within the same period surrender him of the plants is cultivated – confiscated and
for confinement. escheated to the State. UNLESS: owner can
prove that he had no knowledge of the
Upon application of the Board, the Court cultivation despite due diligence
shall issue an order for recommitment if the
drug dependent does not resubmit himself Possession of opium pipe and other
for confinement or if he is not surrendered paraphernalia – prima facie evidence that
for recommitment. the possessor has smoked, consumed,
administered himself, used prohibited drugs
If, subsequent to such recommitment, he
should escape again, he shall no longer be Drug penalties of Reclusion Perpetua to
exempt from criminal liability for the use or Death or a fine of Php 500,000 to 10M apply
possession of any dangerous drug. when:
Opium 40 grams up
If a person charged with an offense is found Morphine 40 grams up
by the fiscal or by the Court at any stage of Shabu 200 grams up
the proceedings, to be a drug dependent, the Heroin 40 grams up
fiscal or court as the case may be, shall Indian hemp 750 grams up
suspend all further proceedings and MJ resin 50 grams up
transmit records of the case to the Board. Cocaine 40 grams up
Other drugs: Quantity far beyond
After his rehabilitation, he shall be therapeutic requirement (if quantity is less
prosecuted for such violation. In case of than prescribed – penalty is Prision
conviction, the judgment shall, if the Correctional to Reclusion Perpetua
accused is certified by the treatment and depending upon the quantity)
rehabilitation center to have maintained
good behavior, indicate that he shall be RA 7659 – PD 1619 – Possession and Use
given full credit for the period he was of Volatile Substances
confined in the center.
1. mere attempt to sell, import – already
When the offense is possession or use of a crime under Article 6
dangerous drugs and the accused is not a
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2. conspiracy to sell, deliver, import – -found guilty of possession or use of

already a crime under Article 8 prohibited or regulated drugs
-not been previously convicted of
Buy Bust Operation – no law or rule to violating any provision of this Act or the
require policemen to adopt a uniform way of RPC
identifying BUY MONEY -not been placed on probation
-defer sentence, place on probation
Absence of ultraviolet power is not fatal in for 6 months to 1 year
the prosecution -violation of probation – pronounce
sentence – convict and serve sentence
Transportation/importation of MJ – -no violation – discharge him and
immaterial whether there may or may not be dismiss the proceeding
a distinction for the MJ -if minor is drug dependent – commit
to a center for treatment and
Distinguish Entrapment and Instigation: rehabilitation
If prosecution can prove the crime without TITLE SIX

presenting the informer or asset – not CRIMES AGAINST PUBLIC MORALS
necessary because their testimonies are (Arts. 195-202)
merely corroborative. Poseur buyer – it
depends on whether the prosecution can
prove the crime without their testimonies (
Articles 195-199, Provisions of P.D.
Under the RA, special aggravating 483 and 449 are repealed which are
circumstance if a crime has been committed inconsistent with P.D. 1602 or Presidential
while the accused was high on drugs Decree Prescribing Stiffer Penalties on Illegal
Gambling.
Delivery or Sale of Prohibited Drugs – the
accused must be aware that what he is (a) The penalty of prision correccional in its
selling or delivering was prohibited drug. medium period or a fine ranging from P1,000 to
But the moment the fact of sale or delivery P6,000, and in case of recidivism, the penalty of
is proved by prosecution, the burden to prision mayor in its medium period or a fine
prove that the accused is not aware that ranging from P6,000 to P10,000 shall be
drugs are prohibited falls on the defense imposed upon:
Criminal liabilities of a policeman who sold (1) Any person who, in any manner,
the drugs confiscated from a pusher: directly or indirectly takes part in
violation of RA 6425 and malversation under any illegal or unauthorized
RPC. activities or games of-
1. cockfighting, jueteng, jai-
Possession – constructive or actual – not alai or horse racing to
necessary to adduce the marked money as include bookie operations
evidence and game fixing, numbers,
bingo and other forms of
Separate crimes – sale/possession of MT lotteries;
found in his possession after he was frisked 2. cara y cruz or pompiang
but he can’t be convicted for possession of and the like;
MJ that he sold 3. 7-11 and any game using
dice;
If victim is minor or drug is proximate cause 4. black jack, lucky nine,
of death – max penalty is imposed under Sec poker and its derivatives,
4, 5, 15, 15-a mote, baccarat, cuajo,
pangguingue and other
If imposable penalty: Reclusion Perpetua to card games;
death – no plea bargaining 5. pak que, high and low,
mahjong, domino, and
If offender: government official, employees, other games using plastic
officers or found guilty of planting evidences tiles and the like;
– same penalty 6. slot machines, roullete,
pinball and other
First offense of a minor – suspension of mechanical contraptions
sentence and devices;
-under 18 at time of commission but 7. dog racing, boat racing,
not more than 21 at time when car racing, and other
judgment was promulgated forms of races;

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8. basketball, boxing, consisting of money, articles or value or

volleyball, bowling, representative of value are at stake or made."
pingpong and other forms OFFENSES AGAINST DECENCY AND GOOD
of individual or team CUSTOMS (Arts. 200-202)
contests to include game
fixing, point shaving and ART. 200: GRAVE SCANDAL
other machinations;
9. banking or percentage ELEMENTS:
game, or any other game
or scheme, whether upon 1. That the offender performs an act or
chance or scheme, wherein acts.
wagers consisting of 2. That such act or acts be highly
money, articles of value or scandalous as offending against
representative of value are decency and good customs.
at stake or made. 3. That the highly scandalous conduct is
(2) Any person who knowingly not expressly falling within any other
permits any form of gambling, article of this Code.
Nos. (1 to 9), to be carried on in 4. That the act or acts complained of be
an inhabited or uninhabited committed in a public place within
place, or in any building, vessel the public knowledge or view.
or other means of transportation KEY: PSNP
owned or controlled by him.
(b) The penalty of prision correccional in If the act or acts of the offender are
its maximum period and a fine of six punished under another article of this Code,
thousand pesos shall be imposed upon: Art. 200 is not applicable.
(1) any person who shall knowingly
permit any form of gambling to Distinction should be made as to the place
be carried on in a place which where the offensive act was committed:
has a reputation of a gambling a. If in public place, there is criminal
place or that prohibited gambling liability irrespective of whether the
is frequently carried on therein, immoral act was in open public view;
or in a public or government b. If in private place, public view is
building or barangay hall; required.
(2) the maintainer or conductor of
the gambling schemes. (Note: Public view does not require numerous
Banker is not mentioned in the persons. Even if there was only one person who
decree.) witnessed the offensive act for as long as the
(c) The penalty of prision mayor in its third person was not an intruder, grave scandal
medium period with temporary absolute is committed provided the acts do not fall under
disqualification or a fine of P6,000 shall any other crime in the RPC.
be imposed if the maintainer, conductor
or banker of the gambling schemes is a Grave scandal: consists of acts which are
government official, or where such offensive to decency and good customs. They
government official is the player, are committed publicly and thus, give rise to
promoter, referee, umpire, judge or coach public scandal to persons who have
in case of game fixing, point shaving and accidentally witnessed the acts
other machination.
(d) The penalty of prision correccional in Decency: means properly observing the
its medium period or a fine ranging from requirements of modesty, good taste etc
P400 to P2,000 shall be imposed upon
any person who knowingly and without Customs: refers to established usage, social
lawful purpose in any hour of any day conventions carried on by tradition and
possesses any lottery list, paper, or other enforced by social disapproval in case of
matter containing letters, figures, signs or violation
symbols pertaining to or in any manner
used in the games of jueteng, jai-alai or If the acts complained of are punishable under
horse racing bookies and similar games of another provision of the RPC, Art 200 is not
lotteries and numbers which have taken applicable
place or about to take place.
The essence of grave scandal is publicity and
Gambling is a game or scheme the result of that the acts committed are not only
which depends wholly or chiefly upon chance or contrary to morals and good customs but
hazard. must likewise be of such character as to
cause public scandal to those witnessing it.
A game or scheme is punishable even if the
winning depends upon skill, "when wagers
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ART. 201- IMMORAL DOCTRINES, OBSCENE 1. Any person having no apparent

PUBLICATIONS AND EXHIBITIONS, AND means of subsistence, who has the
INDECENT SHOWS (As amended by P.D. 969) physical ability to work and who
neglects to apply himself or herself to
Persons liable: some lawful calling;
2. Any person found loitering about
1. Those who shall publicly expound public or semipublic buildings or
or proclaim doctrines openly and places, or tramping or wandering
contrary to public morals; about the country or the streets
2. The authors of obscene literature, without visible means of support;
published with their knowledge in 3. Any idle or dissolute person who
any form; the editors publishing lodges in houses of ill-fame; ruffians
such literature; and the or pimps and those who habitually
owners/operators of the associate with prostitutes;
establishment selling the same; 4. Any person who, not being included
3. Those who, in theaters, fairs, in the provisions of other articles of
cinematographs or any other place, this Code, shall be found loitering in
exhibit indecent or immoral plays, any inhabited or uninhabited place
scenes, acts or shows, it being belonging to another without any
understood that the obscene lawful or justifiable purpose;
literature or indecent or immoral 5. Prostitutes (women who, for money or
plays, scenes, acts or shows, profit, habitually indulge in sexual
whether live or in film, which are intercourse or lascivious conduct).
proscribed by virtue hereof, shall
include those which: Prostitution is a term applicable also to a
a. Glorify criminals or condone man if he engages in the same conduct however
crimes sex for money by a man does not constitute
b. Serve no other purpose but to prostitution but vagrancy.
satisfy the market for violence,
lust or pornography The common concept of a vagrant is a
c. Offend any race or religion person who loiters in public places without any
d. Tend to abet traffic in the use of visible means of livelihood and without any
prohibited drugs and lawful purpose.
e. Are contrary to law, public
order, morals, good customs, The law punishes the act involved here
established policies, lawful since it is being used as a stepping stone to the
orders, decrees and edicts; commission of other crimes.
4. Those who shall sell, give away, or
exhibit films, prints, engravings, TITLE SEVEN
sculptures, or literatures which are CRIMES COMMITTED BY PUBLIC OFFICERS
offensive to morals.
ART. 203: WHO ARE PUBLIC OFFICERS
KEY:DOES
Requisites:
Test of Obscenity: Whether or not the material
charged as obscene has the tendency to deprave One must be-
and corrupt the minds of those open to the 1. Taking part in the performance of
influence, or into whose hands such material public functions in the Government
may come to (Kottinger Rule). Where such or performing in said Government or
obscenity is made publicly, criminal liability in any of its branches public duties
arises. as an employee, agent or
subordinate official of any rank or
It is more on the effect upon the viewer and not class.
alone on the conduct of the performer. 2. That his authority to take part in
the performance of public functions
Mere nudity in paintings and pictures is not or to perform public duties must be:
obscene but pictures with a slight degree of a. By direct provision of law
obscenity having no artistic value and b. By popular election
intended for commercial purposes fall within c. By appointment by competent
this article authority
KEY: Feas D lea
Publicity is an essential element
Under the Anti-Graft and Corrupt
ART. 202: VAGRANTS AND PROSTITUTES Practices Act (AGCPA), the term public officer
is broader and more comprehensive because
Persons liable: it includes all persons whether an official or
2006 BAR OPERATIONS
an employee, temporary or not, classified or 1. That the offender is a judge;

not, contractual or otherwise. Any person 2. That he renders a judgment in a case
who receives compensation for services submitted to him for decision;
rendered is a public officer. 3. That the judgment is manifestly
unjust;
CRIMES OF MALFEASANCE AND 4. That it is due to his inexcusable
MISFEASANCE IN OFFICE (Arts. 204-211) negligence or ignorance.
KEY: J JUN
MISFEASANCE- improper performance of some
act which might lawfully be done Manifestly unjust judgment refers to one that is
so contrary to law that even a person having
MALFEASANCE- the performance of some act meager knowledge of the law cannot doubt the
which ought not to be done injustice
NONFEASANCE- omission of some act which ART. 206: UNJUST INTERLOCUTORY ORDER
ought to be performed
ELEMENTS:
ART. 204: KNOWINGLY RENDERING UNJUST
JUDGMENT 1. That the offender is a judge;
2. That he performs any of the following
ELEMENTS: acts:
a. Knowingly renders unjust
1. That the offender is a judge; interlocutory order or decree; or
2. That he renders a judgment in a case b. He renders a manifestly unjust
submitted to him for decision; interlocutory order or decree
3. That the judgment is unjust; through inexcusable negligence
4. That the judge knows that his or ignorance.
judgment is unjust.
KEY: J JUK Interlocutory order: one issued by the court
deciding a collateral or incidental matter. It is
Judgment is a final consideration and not a final determination of the issues of the
determination of a court of competent action or proceeding
jurisdiction upon the matters submitted to
it, in an action or proceeding.
ART. 207: MALICIOUS DELAY IN
A mere fact that the judge promised to the ADMINISTRATION OF JUSTICE
other party that he would decide the case
against the complainant does not prove ELEMENTS:
that the judgment is unjust. It is possible
that such judgment is supported by the 1. That the offender is a judge;
facts and the law. 2. That there is a proceeding in his
court;
An unjust judgment may result from: 3. That he delays the administration of
error with bad faith, ill-will or revenge, justice;
bribery. 4. That the delay is malicious, that is,
the delay is caused by the judge with
There must be evidence that the decision deliberate intent to inflict damage on
rendered is unjust. It is not presumed either party in the case.
KEY: J PDM
Abuse of discretion or mere error of
judgment cannot likewise serve as basis Malice is essential under this article thus mere
for rendering an unjust judgment in the delay is not punishable
absence of proof or even an allegation of
bad faith (motive or improper ART. 208: PROSECUTION OF OFFENSES;
consideration). NEGLIGENCE AND TOLERANCE
The rule requires that the judgment Punishable acts:

should be rendered by the judge with
conscious and deliberate intent to do an 1. Maliciously refraining from
injustice. instituting prosecution against
violators of the law
ART. 205: JUDGMENT RENDERED THROUGH 2. Maliciously tolerating the
NEGLIGENCE commission of offenses
KEY: M-RT
ELEMENTS:

2006 BAR OPERATIONS
Prevaricacion: Dereliction of duty in the -if there is consent, no crime

prosecution of offenses:
"With a view to engaging-" disclosure here is
1. That the offender is a public officer or already confidential (Revised Rules on
officer of the law who has a duty to Evidence).
cause the prosecution of, or to
prosecute offenses. The nominal liability under this article may
2. That there is dereliction of the duties be constituted either from breach of
of his office; that is, knowing the professional duties in the handling of the
commission of the crime, he does not case or it may arise out of the
cause the prosecution of the criminal confidential relation between the lawyer
or knowing that a crime is about to and the client.
be committed, he tolerates its
commission. Breach of professional duty- tardiness in
3. That the offender acts with malice the prosecution or the case for which
and deliberate intent to favor the reason the case was dismissed for being
violator of the law. non-prosecuted; or tardiness on the part
of the defense counsel leading to
Persons liable: declaration of default and adverse
1. Public officer judgment.
2. An officer of the law Breach of confidential relation- revealing
information obtained or taking
Prevaricacion used to be a crime under the advantage thereof by accepting the
Spanish Codigo Penal wherein a public officer, engagement with the adverse party.
regardless of his duty, violates the oath of his There is no need to prove that the client
office by not carrying out the duties of his office suffered damages. The mere breach of
for which he was sworn to office thus confidential relation is punishable.
amounting to dereliction of duty.
DIRECT BRIBERY INDIRECT BRIBERY
The thrust of prevaricacion is the breach of the Public officer receives a gift Public officer receives a gift
oath of office by the public officer who does an There is an agreement Usually no such agreement
act in relation to his official duties. between the public officer and
the giver of the gift or present
The crime committed by the law violator must The offender agrees to Not necessary that the officer
be proved first. If the guilt of the law-violator is perform or performs an act or would do any particular act or
not proved, the person charged with dereliction refrains from doing something even promise to do an act, as it
of duty under this article is not liable. because of the gift or promise is enough that he accepts gifts
offered to him by reason of his
BIR officers, agents, or employees who, having office
knowledge or information of a violation of the
Internal Revenue Law, fail to report such
knowledge or information to their superiors, ART. 210- DIRECT BRIBERY
shall be punished under that law, not under
this provision. Punishable acts:
1. Agreeing to perform, or by
ART. 209- BETRAYAL OF TRUST BY AN performing, in consideration of any
ATTORNEY OR SOLICITOR offer, promise, gift or present- an
act constituting a crime, in
Punishable acts: connection with the performance of
1. Causing damage to his client, either: his official duties.
a. By any malicious breach of 2. Accepting a gift in consideration of
professional duty; or the execution of an act which does
b. Inexcusable negligence or not constitute a crime, in
ignorance. connection with the performance of
-there must be damage to the client his official duty.
2. Revealing any of the secrets of his 3. Agreeing to refrain, or by
client learned by him in his refraining, from doing something
professional capacity. which it is his official duty to do, in
-damage is not necessary consideration of gift or promise.
3. Undertaking the defense of the KEY: PGR
opposing party in the same case,
without the consent of his first client, Qualified bribery- committed by public officers
after having undertaken the defense entrusted with the enforcement of law and
of the said first client, or after having whose duty is to arrest and prosecute those who
received confidential information from violate them where the penalty for the same is
said client. reclusion perpetua or higher.
2006 BAR OPERATIONS
d. Accepting or having any member of his

For purposes of punishing bribery, the family accept employment in a private
temporary performance of public functions is enterprise which has pending official
sufficient to constitute a person a public officer. business with him during the
pendency thereof or within one year
The gift may be received by the public officer after its termination.
himself or through a third person. It must be e. Causing any undue injury to any party,
capable of pecuniary estimation. including the Government, or giving
any private party any unwarranted
The crime of direct bribery may be committed benefits, advantage, or preference in
only in the attempted and consummated stages, the discharge of his official,
because in frustrated felony, the offender must administrative or judicial function
have performed all the acts of execution which through manifest partiality, evident
would produce the felony as a consequence. bad faith or gross inexcusable
negligence. This provision shall apply
In Direct bribery, consider whether the to officers and employees of offices or
official act which the public officer agreed to government corporations charged with
do is a crime or not: the grant of licenses or permits or
1. If it will amount to a crime, it is not other concessions.
necessary that the corruptor should f. Neglecting or refusing, after due demand
deliver the consideration on the doing or request, without sufficient
of the act. justification, to act within a reasonable
2. If it is not a crime, the consideration time on any matter pending before him
must be delivered by the corruptor for the purpose of obtaining directly or
before a public officer can be indirectly, from any person interested in
prosecuted for bribery. the matter some pecuniary or material
benefit or advantage, or for the purpose
Bribery refers to the act of the receiver and the of favoring his own interest of giving
act of the giver is Corruption of Public Official. undue advantage in favor of or
discriminating against any other
RA 3019 interested party.
ANTI-GRAFT AND CORRUPT PRACTICES ACT g. Entering, on behalf of the Government,
into any contract or transaction
Persons Liable: manifestly and grossly disadvantageous
to the same, whether or not the public
1. Any public officer who shall perform any of officer profited or will profit thereby.
the following acts: h. Directly or indirectly having financial or
a. Persuading, inducing or influencing pecuniary interest in any business,
another public officer to perform an act contract or transaction in connection
constituting a violation of rules and with which he intervenes or take part in
regulations duly promulgated by his official capacity, or in which he is
competent authority or an offense in prohibited by the constitution or by any
connection with the official duties of law from having any interest.
the latter, or allowing himself to be i. Directly or indirectly becoming interested,
persuaded, induced, or influenced to for personal gain, or having a material
commit such violation or offense. interest in any transaction or act
b. Directly or indirectly requesting or requiring the approval of a board, panel,
receiving any gift, present, share, or group of which he is a member, and
percentage, or benefit for himself or for which exercises discretion in such
any other person in connection with approval, even if he votes against the
any contract or transaction between same or does not participate in the
the government and any other party action of the board, committee, panel or
wherein the public officer in his official group.
capacity has to intervene under the j. Knowingly approving or granting any
law. license, permit, privilege, or benefit in
c. Directly, or indirectly requesting or favor of any person not qualified for or
receiving any gift, present, or other not legally entitled to such license,
pecuniary or material benefit, for permit, privilege, or advantage, or of a
himself or for another, from any mere representative or dummy of one
person for whom the public officer, in who is not so qualified or entitled.
any manner of capacity, has secured k. Divulging valuable information of a
or obtained, or will secure or obtain, confidential character, acquired by his
any Government permit or license, in office or by him on account of his official
consideration for the held given or to position to unauthorized persons, or
be given. releasing such information in advance of
its authorized release date.
2006 BAR OPERATIONS
l. Any person having family or close

personal relation with any public official II. Prima Facie Evidence of and Dismissal due
who shall capitalize or exploit or take to unexplained Wealth (Sec. 8)
advantage of such family or close
personal relation by directly or indirectly If a public official has been found to have
requesting or receiving any present, gift, acquired during his incumbency, whether in his
or material, or pecuniary advantage from name or in the name of other persons, an
any person having some business, amount of property and/or money manifestly
transaction, application, request, or out of proportion to his salary and to his other
contact with the government in which lawful income.
such public official has to intervene (Sec.
4) Properties in the name of the spouse and
m. Any person who shall knowingly induce dependents of such public official may be taken
or cause any public official to commit into consideration, when their acquisition
any of the offenses under (A). (Sec. 4) through legitimate means cannot be
n. Spouse or any relative, by consanguinity satisfactorily shown.
or affinity, within the 3rd civil degree, of
the president of the Philippines, the vice- Bank deposits in the name of or manifestly
president, the president of the Senate, or excessive expenditures incurred by the public
speaker of the house of Representatives, official, his spouse or any of their dependents
who shall intervene, directly or including but not limited to activities in any
indirectly, in any business transaction, club or association or any ostentatious display
contract or application with the of wealth including frequent travel abroad of a
government (Sec. 5). non-official character by any public official
when such activities entail expenses evidently
This prohibition shall not apply to: out of proportion to legitimate income.
1. Any person who, prior to the III. Competent court: All prosecutions under
assumption of office of any of the this Act shall be within the original jurisdiction
above officials to whom he is related, of the Sandiganbayan (Sec. 10).
has been already dealing with the
gov’t along the same line of business; IV. Prescription of offenses: all offenses
2. Any transaction, contract or punishable under this Act shall prescribe in 15
application already existing or years (Sec. 11).
pending at the time of such
assumption of public office; V. Exceptions: Unsolicited gifts or presents of
3. Any application filed by him, the small or insignificant value offered or given as a
approval of which is not mere ordinary token of gratitude of friendship
discretionary on the part of the according to local customs or usage, shall be
official(s) concerned but depends excepted from the provisions of this act (Sec.
upon compliance with requisites 14).
provided by law, or rules or
regulations issued pursuant to law; ART. 211- INDIRECT BRIBERY
4. Any act lawfully performed in official
capacity or in the exercise of a ELEMENTS:
profession.
5. Any member of congress, during the 1. That the offender is a public officer.
term for which he has been elected, 2. That he accepts gifts.
who shall acquire or receive any 3. That the said gifts are offered to him
personal pecuniary interest in any by reason of his office.
specific business enterprise which
shall be directly and particularly The gift is given in anticipation of future favor
favored or benefited by any law or from the public officer
resolution authored by him
previously approved or adopted by There must be clear intention on the part of the
Congress during his term. public officer to take the gift offered and
6. Any public officer who shall fail to file consider the property as his own for that
a true, detailed and sworn statement moment. Mere physical receipt unaccompanied
of assets and liabilities within 30 by any other sign, circumstance or act to show
days after assuming office and such acceptance is not sufficient to convict the
thereafter on or before the 15th day of officer
April following the close of every
calendar year, as well as upon the There is no attempted or frustrated indirect
expiration of his term of office, or bribery
upon his resignation or separation
from office (Sec. 7).
2006 BAR OPERATIONS
The principal distinction between direct and the collection of taxes, licenses, fees,
indirect bribery is that in the former, the officer and other imposts.
agrees to perform or refrain from doing an act in 3. Failing voluntarily to issue a receipt
consideration of the gift or promise. In the latter as provided by law, for any sum of
case, it is not necessary that the officer do any money collected by him officially, in
act. It is sufficient that he accepts the gift the collection of taxes, licenses, fees,
offered by reason of his office and other imposts.
4. Collecting or receiving, directly or
Public officers receiving gifts and private indirectly, by way of payment or
persons giving gifts on any occasion, including otherwise, things or objects of a
Christmas are liable under PD 46. nature different from that provided by
law, in the collection of taxes,
The criminal penalty or imprisonment is distinct licenses, fees, and other imposts.
from the administrative penalty of suspension
from the service Elements of frauds against public treasury (par.
1):
ART. 212: CORRUPTION OF PUBLIC 1. That the offender be a public officer.
OFFICIAL 2. That he should have taken advantage of
his office, that is, he intervened in the
ELEMENTS: transaction in his official capacity.
3. That he entered into an agreement with
1. That the offender makes offers or any interested party or speculator or
promises or gives gifts or presents to made use of any other scheme with
a public officer. regard to (1) furnishing supplies (2)
2. That the offers or promises are made the making of contracts, or (3) the
or the gifts or present given to a adjustment or settlement of accounts
public officer, under circumstances relating to public property or funds.
that will make the public officer liable 4. That the accused had intent to defraud
for direct bribery or indirect bribery. the Government.
Under PD 749, givers of bribes and other gifts Crime of frauds against public treasury is
as well as accomplices in bribery and other consummated by merely entering into an
graft cases are immune from prosecution agreement with any interested party or
under the following circumstances: speculator or by merely making use of any other
scheme to defraud the Government.
a. information refers to consummated
violations Elements of illegal exactions:
b. necessity of the information or testimony
c. the information and testimony are not yet 1. The offender is a public officer
in the possession of the State entrusted with the collection of taxes,
d. information and testimony can be licenses, fees, and other imposts.
corroborated on its material points He commits any of the following
e. informant has been previously convicted acts:
of a crime involving moral turpitude a. Demanding, directly or
indirectly, the payment of sums
II. FRAUDS AND ILLEGAL EXACTIONS AND different from or larger that those
TRANSACTIONS authorized by law;
b. Failing voluntarily to issue a
ART. 213- FRAUDS AGAINST THE PUBLIC receipt, as provided by law, for
TREASURY AND SIMILAR OFFENSES any sum of money collected by
him officially; or
Punishable Acts: c. Collecting or receiving, directly
or indirectly, by way of payment
1. Entering into an agreement with any or otherwise, things or objects of
interested party or speculator or a nature different from that
making use of any other scheme, to provided by law.
defraud the Government, in dealing
with any person with regard to Mere demand for larger or different amount is
furnishing supplies, the making of sufficient to consummate the crime.
contracts, or the adjustment or
settlement of accounts relating to When there is deceit in demanding greater fees
public property or funds. than those prescribed, the crime is ESTAFA
2. Demanding, directly or indirectly, the and NOT ILLEGAL EXACTION.
payment of sums different from or
larger that those authorized by law, in Officers or employees of the Bureau of Internal
Revenue or Bureau of Customs not covered by
2006 BAR OPERATIONS
this article. The National Internal Revenue Code It is sufficient under this article that the
or the Administrative Code applies. appointive officer has an interest in any
transaction of exchange or speculation, such as,
The essence of the crime is not buying and selling stocks, commodities, land,
misappropriation of any of the amounts but the etc., hoping to take advantage of an expected
improper making of the collection which would rise or fall in price.
prejudice the accounting of collected amounts
by the Government.
Art. 216- POSSESION OF PROHIBITED
First form: shall demand an amount different INTEREST BY A PUBLIC OFFICER
from what the law provides payable to the
Government. Persons liable:
In this form, mere demand will
consummate the crime, even if the taxpayer 1. Public officer who, directly or
shall refuse to come across with the amount indirectly, became interested in any
being demanded. That will not affect the contract or business which it was his
consummation of the crime. official duty to intervene.
2. Experts, arbitrators, and private
Second form: Shall collect payment due the accountants who, in like manner,
government without issuing an official receipt or took part in any contract or
receipt prescribed by law. transaction connected with the estate
The act of receiving payment due the or property in the appraisal,
government without issuing a receipt will give distribution or adjudication of which
rise to illegal exaction even though a provisional they had acted.
receipt has been issued. What the law requires 3. Guardians and executors with respect
is a receipt in the form prescribed by law, which to the property belonging to their
means official receipt. wards or the estate.
Third form: shall accept by way of payment due Actual fraud is not necessary under this
to the government that which is not in the form article. The intervention must be by virtue of
prescribed by law. the public office held.
Under the rules and regulations of the
government, payment of checks not belonging to Correlate with Art. VI Sec. 14 of the 1987
the taxpayer but that of checks of other Constitution; Art. VII Sec. 13 and Art. IX-A
persons, should not be accepted to settle the Sec. 2.
obligation of that person.
RA 7080
ART. 214: OTHER FRAUDS AN ACT DEFINING AND PENALIZING THE
CRIME OF PLUNDER
ELEMENTS:
Definition of Ill-gotten wealth:
1. That the offender is a public officer. Any asset, property, business enterprise
2. That he takes advantage of his official or material possession of any person acquired
position. by him directly or indirectly through dummies,
3. That he commits any of the frauds or nominees, agents, subordinates, and/or
deceits enumerated in art. 315 and business associates by any combination or
316. (estafa; swindling) series of the following means or similar
schemes:
The RTC has jurisdiction over the offense a.Through misappropriation, conversion,
because the principal penalty is disqualification misuse or malversation of public
funds or raids on the public
ART. 215: PROHIBITED TRANSACTIONS treasury.
b. By receiving, directly or indirectly,
ELEMENTS: any commission, gift, share,
1. That the offender is an appointive percentage, kickbacks or any other
public officer. form of pecuniary benefit from any
2. That he becomes interested, directly or person and/or entity in connection
indirectly, in any transaction of with any government contract or
exchange or speculation. project or by reason of the office or
3. That the transaction takes place within position of the public officer
the territory subject to his concerned;
jurisdiction. c. By the illegal or fraudulent
4. That he becomes interested in the conveyance or disposition of assets
transaction during his incumbency. belonging to the National
Government or any of its
subdivisions, agencies or
2006 BAR OPERATIONS
instrumentalities or government-
owned or controlled corporations and CRIMES CALLED MALVERSATION OF PUBLIC
their subsidiaries; FUNDS OR PROPERTY (Arts. 217-221)
d. By obtaining, receiving or accepting,
directly or indirectly, any shares of ART. 217: MALVERSATION OF PUBLIC
stock, equity or any other form of FUNDS OR PROPERTY :
interest or participation, including
the promise of future employment in Punishable Acts:
any business enterprise or
undertaking. 1. Appropriating public funds or property
e. By establishing agricultural, industrial 2. Taking or misappropriating the same
or commercial monopolies or other 3. Consenting or through abandonment
combinations, and/or or negligence, by permitting any other
implementation of decrees and person to take such public funds or
orders intended to benefit particular property
persons or special interests; 4. Being otherwise guilty of the
f. By taking undue advantage of official misappropriation or malversation of
position, authority, relationship, such funds or property
connection or influence to unjustly KEY: CAT-G
enrich himself or themselves at the
expense and to the damage or ELEMENTS:
prejudice of the Filipino people and
the Republic of the Philippines. 1. That the offender is a public
officer who has:
Persons Liable: a. official custody of public funds
1. Any public officer who, by himself or or property or the duty to collect or
in connivance with members of his receive funds due to the Government
family, relatives by affinity or b. the obligation to account for
consanguinity, business associates them to the Government.
and subordinates or other persons, c. that he had the custody or
amasses, accumulates, or acquires control of funds or property by reason
ill-gotten wealth through a of the duties of his office.
combination or series of overt or d. that those funds or property
criminal acts as described under (I) were public funds or property for
in the aggregate amount or total which he was accountable.
value of at least 50 million pesos,
shall be guilty of the crime of plunder 2. That he appropriated, took,
(as amended by RA 7659). misappropriated or consented or
2. Any person who participated with the through abandonment or negligence,
said public officer in the commission permitted another person to take
of plunder. them.
Jurisdiction: All prosecutions under this At Malversation may be committed by private

shall be within the original jurisdiction individuals in the following cases:
of the Sandiganbayan.
1. Those in conspiracy with public
Rule of Evidence: officers guilty of malversation;
For purposes of establishing the crime of 2. Those who are accessory or
plunder, it shall not be necessary to accomplice to a public officer;
prove each and every criminal act done 3. Custodian of public funds or
by the accused in furtherance of the property in whatever capacity;
scheme and conspiracy to amass, 4. Depositary or administrator of public
accumulate or acquire ill-gotten wealth, funds or property.
it being sufficient to establish beyond
reasonable doubt a pattern of overt or Malversation is otherwise called embezzlement
criminal acts indicative of the overall
unlawful scheme or conspiracy. Damage not necessary to the Government.
Prescription of Crime: The crime bears a relation between the

The crime of plunder shall prescribe in offender and the funds or property involved,
20 years. However, the right of the State for the crime can be committed only by an
to recover properties unlawfully acquired officer accountable for the funds or property
by public officers from them or from which is appropriated.
their nominees or transferees shall not
be barred by prescription, laches or Accountable officer does not refer only to
estoppel. cashier, disbursing officers, property
2006 BAR OPERATIONS
custodian. It is the nature of the duties, not the accountability of the accused is already
the relatively important name given to the determined and liquidated. There can be
office, which is the controlling factor in presumption unless and until the amount of his
determining whether or not the accused is accountability is already known.
an accountable public officer.
Returning the embezzled funds is not
A public officer having only a qualified exempting, it is only mitigating
charge of government property without
authority to part with physical possession of ART. 218: FAILURE OF ACCOUNTABLE
it, unless, upon order from his immediate OFFICER TO RENDER ACCOUNTS
superior, cannot be held liable for
malversation. ELEMENTS:
If the offender is not the one accountable 1. That the offender is a public officer,
but somebody else, the crime committed is whether in the service or separated
theft. It will be qualified theft if there is therefrom.
abuse of confidence. 2. That he must be an accountable
officer for public funds or property.
When private property is attached or seized 3. That he is required by law or
by public authority and the public officer regulation to render accounts to the
accountable therefor misappropriates the Commission on Audit, or to a
same, malversation is also committed. provincial auditor.
4. That he fails to do so for a period of
Any overage or excess in the collection of an two (2) months. After such accounts
accountable public officer should not be should be rendered.
extracted by him and it is commingled with
the public funds. Misappropriation is not necessary under
this article.
Malversation may be committed by
abandonment or negligence. The measure of Demand for accounting is likewise not
negligence is the standard of care necessary. It is sufficient that there is a law
commensurate with the occasion, and then or regulation requiring him to render
endeavor to ascertain how far short of this account.
standard falls the act or omission in
question. ART. 219: FAILURE OF A RESPONSIBLE
PUBLIC OFFICER TO RENDER ACCOUNTS
MALVERSATION ILLEGAL USE BEFORE LEAVING THE COUNTRY
Offenders are Offenders are
accountable public accountable public ELEMENTS:
officers officers
Offenders in certain Offenders do not derive 1. That the offender is a public officer.
cases profit from the personal gain or profit 2. That he must be an accountable
proceeds of the crime public officer for public funds or
The public fund is to The public fund or property.
be applied to the property is applied to 3. That he unlawfully left (or be on the
personal use and another public use point of leaving) the Philippines
benefit of the offender without securing from the
or of another person Commission on Audit a certificate
showing that his accounts have been
When an accountable public officer makes a finally settled.
wrong payment through honest mistake as KEY: PAUl
to the law or to the facts concerning his
duties, he is not liable for malversation. He The act of leaving the country must be
is only civilly liable. unauthorized or not permitted by law.
Lack of criminal intent or good faith is a When an accountable officer leaves the
defense in malversation not committed country without first settling his
through negligence. accountability or otherwise securing a
clearance from the COA regarding such
Presumption of misappropriation- when a accountability, the implication is that he left
demand is made upon an accountable the country because he has misappropriated
officer and he cannot produce the fund the funds under his accountability.
or property involved, there is prima facie
presumption that he had converted the ART. 220: ILLEGAL USE OF PUBLIC FUNDS
same to his own use. OR PROPERTY
Presumption arises only if at the time the
demand to produce the public funds was made,
2006 BAR OPERATIONS
ELEMENTS: 2. That he had in his custody or charge,

a prisoner, either detention prisoner
1. That the offender is a public officer. or prisoner by final judgment.
2. That there is public fund or property 3. That such prisoner escaped from his
under his administration. custody.
3. That such public fund or property has 4. That he was in connivance with the
been appropriated by law or prisoner in the latter's escape.
ordinance. KEY: P2 EC
4. That he applies the same to a public
use other than that for which such Detention prisoner: refers to a person in legal
fund or property has been custody, arrested for and charged with some
appropriated by law or ordinance. crime or public offense
This crime is known as technical malversation The crime is infidelity in the custody of
because the fund or property is already prisoners if the offender involved is the
earmarked or appropriated for a certain public custodian of the prisoner.
purpose.
The release of a detention prisoner who could
To distinguish this article with Art 217, just not be delivered to judicial authorities within
remember that in illegal use of public funds or the time fixed by law is not infidelity in the
property, the offender does not derive any custody of a prisoner. Neither is mere leniency
personal gain, the funds are merely devoted to or laxity in the performance of duty constitutive
some other public use of infidelity
Absence of damage is only a mitigating When a chief of police released a detention

circumstance prisoner/s, because he could not file a
complaint against them within the time fixed in
ART. 221: FAILURE TO MAKE DELIVERY OF Art. 125, he is not guilty of infidelity in the
PUBLIC FUNDS OR PROPERTY custody of prisoners.
Punishable Acts: There is real and actual evasion of service of a

1. Failing to make payment by a public sentence when the custodian permits the
officer who is under obligation to prisoner to obtain a relaxation of his
make such payment from imprisonment and to escape the punishment of
Government funds in his possession. being deprived of his liberty, thus making the
2. Refusing to make delivery by public penalty ineffectual, although the convict may
officer who has been ordered by not have fled.
competent authority to deliver any
property in his custody or under his If the jailguard who allowed the prisoner to
administration. (Refusal must be escape is already off-duty at that time and he is
malicious) no longer the custodian of the prisoner, the
crime committed by him is delivering prisoners
Penalty is based on value of funds/property to from jail.
be delivered
The crime can be committed also by a private
ART. 222: PERSONS WHO MAY BE HELD person if the custody of the prisoner has been
LIABLE UNDER ARTS 217 TO 221 confided to a private person.
a. Private individual who, in any
capacity, have charge of any ART. 224: EVASION THROUGH NEGLIGENCE
national, provincial or municipal
funds, revenue, or property ELEMENTS:
b. Administrator or depositary of funds
or property that has been attached, 1. That the offender is a public officer.
seized or deposited by public 2. That he is charged with the
authority, even if owned by a private conveyance or custody of a prisoner,
individual either detention prisoner or prisoner
by final judgment.
IV. INFIDELITY OF PUBLIC OFFICERS 3. That such prisoner escapes through
negligence.
ART. 223: CONNIVING WITH OR KEY: PCN
CONSENTING TO EVASION
What is punished under this article is such
ELEMENTS: definite laxity as all but amounts to
deliberate non-performance of duty on the
1. That the offender is a public officer. part of the guard.

2006 BAR OPERATIONS
The fact that the public officer recaptured If the officer was placed in possession of the
the prisoner who had escaped from his document but it is not his duty to be the
custody does not afford complete custodian thereof, this crime is not committed.
exculpation.
With respect to official documents, infidelity is
ART. 225- ESCAPES OF PRISONERS UNDER committed by destroying the documents, or
THE CUSTODY OF A PERSON NOT A PUBLIC removing the document or concealing the
OFFICER document.
ELEMENTS: Removal is consummated upon removal or

secreting away of the document from its usual
1. That the offender is a private person. place. It is immaterial whether or not the illicit
2. That the conveyance or custody of a purpose of the offender has been accomplished
prisoner or person under arrest is
confided to him. Damage to public interest is necessary.
3. That the prisoner or person under However, material damage is not necessary. The
arrest escapes. damage may either be great or small
4. That the offender consents to the
escape of the prisoner or person The simple act of retaining the mail without
under arrest, or that the escape takes forwarding the letters to their destination, even
place through his negligence. though without opening them or taking the
KEY: P CEN moneys they contained, already constitutes
infidelity on the part of the post office official.
This article does not apply the principle in
conspiracy that "the act of one is the act of Delivering the document to the wrong party is
all." If the offender is not the custodian of infidelity in the custody thereof
the prisoner, he is guilty of the crime of
delivering prisoners from jail. Infidelity in the custody of documents through
destruction or concealment does not require
ART. 226: REMOVAL, CONCEALMENT, OR proof of an illicit purpose
DESTRUCTION OF DOCUMENTS
ART. 227: OFFICER BREAKING SEAL
ELEMENTS :
ELEMENTS:
1. That the offender be a public officer.
2. That he abstracts, destroys or 1. That the offender is a public officer.
conceals a document or papers. 2. That he is charged with the custody of
3. That the said document or papers papers or property.
should have been entrusted to such 3. That these papers or property are
public officer by reason of his office. sealed by proper authority.
4. That damage, whether serious or not, 4. That he breaks the seal or permits
to a third party or to the public them to be broken.
interest should have been caused. The article seeks to punish the breaking of the
seals and not the opening of a closed envelope.
Removal must be for illicit purpose with the
intention either to: Where documents are sealed by competent
a. tamper with it authorities, it is evident that the purpose
b. profit by it thereof is to ensure their preservation.
c. commit an act constituting a breach
of trust in the official care thereof. It is not required that there be damage caused
or that there be intent to cause damage.
The document must be complete and one by
which a right could be established or an ART. 228: OPENING OF CLOSED
obligation could be extinguished DOCUMENTS
Books, periodicals, pamphlets etc are not ELEMENTS:

documents
1. That the offender is a public officer.
“Papers” would include checks, promissory 2. That any closed papers, documents,
notes and paper money or objects are entrusted to his
custody.
The offender must be in custody of such 3. That he opens or permits to be
documents opened said closed papers,
documents or objects.
4. That he does not have proper
authority.

2006 BAR OPERATIONS
2. That there is a judgment, decision or

Under this article damage not necessary order of a superior authority.
3. That such judgment, decision or order
ART. 229: REVELATION OF SECRET BY AN was made within the scope of the
OFFICER jurisdiction of the superior authority
and issued with all the legal
Punishable Acts: formalities.
4. That the offender without any legal
1. Revealing any secrets known to the justification openly refuses to execute
offending public officer by reason of the said judgment, decision or order,
his official capacity. which he is duty bound to obey.
2. Delivering wrongful papers or copies
of papers of which he may have ART. 232: DISOBEDIENCE TO ORDER OF
charge and which should not be SUPERIOR OFFICER WHEN SAID ORDER
published. WAS SUSPENDED BY INFERIOR OFFICER
This article does not include the revelation of ELEMENTS:

secrets of the State to belligerent nation,
because such acts are already defined and 1. That the offender is a public officer.
punished as espionage in Art. 117 or CA No. 2. That an order is issued by his
616. superior for execution.
3. That he has for any reason suspended
Secret must affect public interest, secrets of a the execution of such order.
private individual is not included 4. That his superior disapproves the
suspension of the execution of the
Charge means custody or control. If he is merely order.
entrusted with the papers and not with the 5. That the offender disobeys his
custody thereof, he is not liable under this superior despite the disapproval of
article the suspension.
If the papers contain secrets which should not The order of the superior must be legal,
be published, and the public officer having otherwise, the article is inapplicable.
charge thereof removes and delivers them
wrongfully to a third person, the crime is ART. 233: REFUSAL OF ASSISTANCE
revelation of secrets. On the other hand, if the
papers do not contain secrets, their removal for ELEMENTS:
an illicit purpose is infidelity in the custody of
documents 1. That the offender is a public officer.
2. That a competent authority demands from
Damage is an element of an offense. the offender that he lend his cooperation
towards the administration of justice or
ART. 230: PUBLIC OFFICER REVEALING other public service.
SECRETS OF PRIVATE INDIVIDUAL 3. That the offender fails to do so maliciously
ELEMENTS: The article involves a request from one public

officer to another
1. That the offender is a public officer. Damage to the public interest or third party is
2. That he knows of the secrets of a private essential.
individual by reason of his office.
3. That he reveals such secrets without Demand is likewise necessary.
authority or justifiable reason.
Revelation to one person is sufficient, for public ART. 235: MALTREATMENT OF PRISONERS
revelation is not required.
ELEMENTS:
Damage to private individuals is not necessary.
1. That the offender is a public officer
V. OTHER OFFENSES OR IRREGULARITIES 2. That he has under his charge a prisoner
BY PUBLIC OFFICERS or detention prisoner
3. That he maltreats such prisoner in
ART. 231: OPEN DISOBEDIENCE either of the following manners:
a. By overdoing himself in the
ELEMENTS: correction or handling of a
prisoner or detention prisoner
1. That the offender is a judicial or under his charge either-
executive officer.

2006 BAR OPERATIONS
(1) by the imposition of

punishments not authorized by ELEMENTS:
the regulations, or
(2) by inflicting such 1. That the offender is a public officer.
punishments (those authorized) 2. That he formally resigns from his
in a cruel and humiliating position.
manner; or 3. That his resignation has not yet been
b. By maltreating such prisoner to accepted.
extort a confession or to obtain 4. That he abandons his office to the
some information from the detriment of the public service.
prisoner.
There must be formal or written resignation
The maltreatment (1) must relate to the
correction or handling of the prisoner, or (2) The offense is qualified if the purpose behind
must be for the purpose of extorting a the abandonment is to evade the discharge
confession or of obtaining some information of duties consisting of preventing,
from the prisoner. prosecuting or punishing any of the crimes
against national security. The penalty is
If the public officer is not the custodian of higher. This involves the following crimes:
the prisoner and he manhandled the latter, treason
the crime is physical injuries. conspiracy and proposal to commit
conspiracy
If the maltreatment was done in order to misprision of treason
extort confession therefor, the constitutional espionage
right of the prisoner is further violated. The inciting to war or giving motives to
penalty is qualified to the next higher reprisals
degree. violation of neutrality
correspondence with hostile country
flight to enemy country
ART. 236: ANTICIPATION OF DUTIES OF A piracy and mutiny on the high seas
PUBLIC OFFICE rebellion
conspiracy and proposal to commit
ELEMENTS: rebellion
disloyalty to public officers
1. That the offender is entitled to hold a inciting to rebellion
public office or employment, either by sedition
election or appointment. conspiracy to commit sedition
2. That the law requires that he should inciting to sedition
first be sworn in and/or should first
give a bond. ART. 239: USURPATION OF LEGISLATIVE
3. That he assumes the performance of POWERS
the duties and powers of such office.
4. That he has not taken his oath of ELEMENTS:
office and/or given the bond required
by law. 1. That the offender is an executive or
judicial officer.
2. That he (a) makes general rules or
ART. 237: PROLONGING PERFORMANCE OF regulations beyond the scope of his
DUTIES AND POWERS authority or (b) attempts to repeal a
law or (c) suspends the execution
ELEMENTS: thereof.
1. That the offender is holding a public ART. 240: USURPATION OF EXECUTIVE

office. FUNCTIONS
2. That the period provided by law,
regulations or special provisions for ELEMENTS:
holding such office, has already
expired. 1. That the offender is a judge.
3. That he continues to exercise the 2. That he (a) assumes a power
duties and powers of such office. pertaining to the executive
The article contemplates officers who have been authorities, or (b) obstructs the
suspended, separated or declared over-aged or executive authorities in the lawful
dismissed exercise of their powers.
3.
ART. 238: ABANDONMENT OF OFFICE OR Legislative officers are not liable for usurpation
POSITION of executive functions
2006 BAR OPERATIONS
4. That the offender knows that his

ART. 241: USURPATION OF JUDICIAL nominee or appointee lacks the
FUNCTIONS qualification at the time he made the
nomination or appointment.
ELEMENTS:
Recommending, knowing that the person
1. That the offender is an officer of the recommended is not qualified is not a crime
executive branch of the Government. There must be a law providing for the
2. That he (a) assumes judicial powers, or qualifications of a person to be nominated or
(b) obstructs the execution of any order appointed to a public office
or decision rendered by any judge within
his jurisdiction. ART. 245: ABUSES AGAINST CHASTITY
The purpose of this article is to maintain the ELEMENTS:

separation and independence of the
departments of the government and to keep the 1. That the offender is a public officer.
three branches within the legitimate confines of 2. That he solicits or makes immoral or
their respective jurisdictions and the officers indecent advances to a woman.
thereof within the scope of their lawful 3. That such woman must be –
authority. a. interested in matters pending
before the offender for decision, or
ART. 242- DISOBEYING REQUEST FOR with respect to which he is required
DISQUALIFICATION to submit a report to or consult with
a superior officer, or
ELEMENTS: b. under the custody of the offender
who is a warden or other public
1. That the offender is a public officer. officer directly charged with care
2. That a proceeding is pending before and custody of prisoners or person
such public officer. under arrest, or
3. That there is a question brought c. the wife, daughter, sister or
before the proper authority regarding relative within the same degree by
his jurisdiction, which is not yet affinity of the person in the custody
decided. of the offender
KEY: PIW-pwr
4. That he has been lawfully required to
refrain from continuing the The mother of the person in the custody of the
proceeding. public officer is not included
5. That he continues the proceeding.
Solicit: means to propose earnestly and
Art. 243: ORDERS OR REQUESTS BY persistently something unchaste and
EXECUTIVE OFFICER TO ANY JUDICIAL immoral to a woman
AUTHORITY
The advances must be immoral or indecent
ELEMENTS:
The crime is consummated by mere proposal
1. That the offender is an executive officer.
2. That the addresses any order or Proof of solicitation is not necessary when there
suggestion to any judicial authority. is sexual intercourse
3. That the order or suggestion relates to
any case or business coming within the CRIMES AGAINST PERSONS
exclusive jurisdiction of the courts of
justice. A. DESTRUCTION OF LIFE
Legislative or judicial officers are not liable ART. 246: PARRICIDE

under this article
ELEMENTS:
ART. 244: UNLAWFUL APPOINTMENTS
1. that a person is killed
ELEMENTS: 2. that the deceased is killed by the
accused
1. That the offender is a public officer. 3. that the deceased is the (family) father,
2. That he nominates or appoints a person mother, or child, whether legitimate or
to a public office. illegitimate, or a legitimate other
3. That such person lacks the legal ascendant or other descendant, or the
qualification therefor. legitimate spouse of the accused.
KEY: KAF

2006 BAR OPERATIONS
To conceal To conceal mothers

Relationship of the offender with the victim is dishonor of the dishonor is
the essential element. mother is not a mitigating.
mitigating
The child should not be less than 3 days old, circumstance.
otherwise the crime is infanticide.
Relationship is essential element

1. Only relatives by blood and in the ART. 247: DEATH OR PHYSICAL INJURIES
direct line, except spouse, is UNDER EXCEPTIONAL
considered in parricide. There is CIRCUMSTANCES
no parricide in the killing of
brothers or sisters being merely REQUISITES:
collateral.
2. It must be a legitimate 1. A legally married person or a parent
relationship except for parent surprises his spouse or his daughter, the
and child where relationship latter under 18 years of age and living with
could either be legitimate or him, in the act of committing sexual
illegitimate. intercourse with another;
3. By blood except for husband and 2. He or she kills any or both of them or inflicts
wife, there is no parricide in the upon any or both of them any serious
killing of the adopter of the physical injury in the act or immediately
adoptee of vice versa. thereafter; and
3. He has not promoted of facilitated
Cases when a person committed a parricide prostitution of his wife or daughter, or that
but not imposed the severe penalty he or she has not consented to the infidelity
(reclusion perpetua to death). of the other spouse.
-Parricide though negligence (Art. 365). KEY: S(a)K(i)N
-Parricide by mistake (Art. 249).
-Parricide under exceptional Article is applicable if the daughter is still
circumstances single.
In the killing of a spouse, there must be a valid The discovery, the escape, the pursuit and the
subsisting marriage at the time of the killing. killing must all form part of one continuous act.
The information should allege the fact of such
marriage between accused and the victim. The article does not define a crime but provides
Marriage certificate is the best evidence, in the a privilege; the rationale for this is that the
absence oral evidence of the fact of marriage killing or injury was without sufficient
may be considered by the trial court if such intelligence because of the overwhelming
proof is not objected to. passion.
The fact of marriage is necessarily included in Destierro is not a penalty because there is no
the information, failure to allege the same, the criminal liability, it is simply provided for the
accused can not be convicted of parricide as the protection of the accused against retaliation or
accused was denied information of the nature of vendetta.
the charge against him.
Where mere physical injuries were inflicted
PARRICIDE INFANTICIDE there is no liability to speak of.
Based on Based on age of the
relationship child Note that the killing must always be the direct
Committed only by May be committed by product of the accused rage, the same being
relatives by strangers continuous even though the killing took place at
enumerated a latter time.
Conspiracy cannot Conspiracy is
be applied because applicable but only Where third persons were injured in the course
relationship is an one information of the firing by the accused of the paramour, the
element. Separate shall be prepared accused cannot be held liable as inflicting death
information must for all the under the exceptional circumstances is not
be filed for conspirators. murder. (People v. Abarca September 1987)
parricide the
murder or ISSUES to be resolved:
homicide on the 1. Was the surprising made while the
part of the non- intercourse is taking place,
relative conspirator 2. Was the killing made during that
as the case may time or immediately thereafter.
be.
2006 BAR OPERATIONS
ART. 248: MURDER

3. That any of the qualifying circumstance
ELEMENTS: under Art. 248 must be alleged in the
information.
1. A person was killed;
2. The accused killed him; ART. 249: HOMICIDE
3. Killing was accompanied by any of the
qualifying circumstances mentioned in ELEMENTS:
Art. 248;
4. Killing is not parricide or infanticide. 1. a person was killed;
KEY: K-QAN 2. accused killed him without any
justifying circumstance;
Qualifying Circumstances: 3. accused had intention to kill, which is
presumed; and
1. With treachery, taking advantage of 4. killing was not attended by any of the
superior strength , with the aid of armed qualifying circumstances of murder, or
men, or employing means to weaken by that of parricide or infanticide.
defense, or of means or persons to KEY: KWIN
insure or afford impunity;
Intent to kill is conclusively presumed when
2. In consideration of price, reward, or death resulted, when the victim does not
promise; die, intent to kill becomes a specific criminal
intent which must be established beyond
3. By means of fire, poison, explosion, etc. reasonable doubt, otherwise the crime shall
fall under physical injuries.
4. On occasion of any calamities
enumerated in the preceding paragraph, Evidence of intent to kill is important only in
or of an earthquake, eruption of a attempted or frustrated homicide.
volcano, destructive cyclone, or any
other public calamity; It is a hornbook doctrine that an accused
cannot be charged of an offense unless it is
5. With evident premeditation. clearly charged in the complaint or
information. A person charged with
6. With cruelty, by deliberately and homicide by stabbing cannot be convicted
inhumanly augmenting the suffering of when the cause of death is drowning.
the victim, or outraging or scoffing at his (People v. Ortega, Jr., July 1997)
person or corpse.
How should homicide committed with the
 Treachery and evident use of an unlicensed firearm be dominated?
premeditation are inherent in The crime should be homicide, aggravated by
murder by means of poison, and illegal possession of firearm, and not illegal
as such they cannot be possession of firearm, aggravated by homicide
considered as aggravating. as ruled by the trial court as it is the former
offense which aggravates the homicide under
Where the circumstances alleged in the amendatory law. (People v. Castillo, Feb. 2000)
information are not the circumstances proved in
the trial, it is not murder because any of the RA 8294 amended PD 1866, it now provides
qualifying circumstances in Art. 248 is an that if homicide or murder is committed with
ingredient of murder and not merely qualifying the use of an unlicensed firearm, such use of
circumstances. unlicensed firearm shall be considered as
aggravating circumstance.
Rules for the application of the
circumstances which qualify the killing to ART.251: DEATH CAUSED IN A TUMULTOUS
murder: AFFRAY
1. That murder will exist with only one of ELEMENTS:

circumstances described in Art. 248.
a. When more than one of said 1. there be several persons;
circumstances are present, the 2. they did not compose groups organized
others must be considered as for the common purpose of assaulting
generic aggravating. and attacking each other reciprocally;
3. these several persons quarreled and
2. That when the other circumstances are assaulted one another in a confused and
absorbed or included in one qualifying tumultuous manner;
circumstance, they cannot be considered 4. someone was killed in the course of the
as generic aggravating; affray;

2006 BAR OPERATIONS
5. it cannot be ascertained who actually 1. assisting another to commit suicide,

killed the deceased; and whether same is consummated or not;
6. person or persons who inflicted serious 2. by lending his assistance to another to
physical injuries or who use violence can commit suicide to the extent of doing the
be identified. killing himself.
KEY: SNAK-CI
Euthanasia- mercy killing
Tumultuous affray simply means a commotion - the practice of painlessly
in a tumultuous and confused manner, putting to death a person suffering from
to such an extent that it would not be some incurable disease. Not considered
possible to identify who the killer is if as lending assistance to suicide because
death results, or who inflicted the the person killed does not want to die. A
serious physical injury, but the person doctor who resorts to mercy-killing of his
or persons who used violence are patient may be liable for murder.
known.
ART. 254: DICHARGE OF FIREARM
Tumultuous affray exists when at least four
persons took part; ELEMENTS:
Person killed in the course of the affray need not 1. offender discharges a firearm against or
be one of the participants thereof. at another person; and
2. offender has no intention to kill that
If person who inflicted fatal wound is known, person.
crime is not homicide in tumultuous affray but
homicide under ART. 249. If there was no intent to kill and the person shot
at was hit, the crime would be a complex crime
Persons liable for death in tumultuous affray: of illegal discharge of firearm with serious
1. person or persons who inflicted serious physical injuries. If the injury was slight, two
physical injuries; crimes are committed, illegal discharge of
2. if not known who inflicted serious firearm and slight physical injury.
physical injuries on the deceased, all
persons who used violence upon the This crime cannot be committed through
person of the victim are liable. imprudence because it requires that the
discharge must be directed at another.
The “someone” that is killed may be a
participant in the affray or a mere passerby. If the firearm is directed at a person and the
trigger was pressed but did not fire, the crime is
frustrated discharge of firearm.
PHYSICAL INJURIES INFLICTED IN If the discharge is not directed at a person, the

TUMULTOUS AFFRAY crime may constitute alarm and scandal.
Elements: ART. 255: INFANTICIDE

1. there is tumultuous affray;
2. a participant or some participants ELEMENTS:
thereof suffer serious physical injuries or
physical injuries or less serious physical 1. a child was killed;
injuries only; 2. deceased child was less than 3 days (72
3. person responsible thereof cannot be hrs.) of age; and
identified; and 3. accused killed the child.
4. all who appear to have used violence KEY: A CHILD LESS 3 DAYS WAS KILLED
upon offended party are known.
Concealing dishonor is not an element of
Injured party must be one or some of the infanticide but the same may mitigate liability
participants in the tumultuous affray. only of the mother or maternal grandparents.
Only one who used violence is liable. This is a crime based on the age of the victim.
The victim should be less than three days old.
Penalty is one degree lower than that for
physical injury inflicted. The offender may actually be the parent of the
child. But you call the crime infanticide, not
Slight injuries excluded. parricide, if the age of the victim is less than
three days old. If the victim is three days old or
ART. 253: GIVING ASSISTANCE TO SUICIDE above, the crime is parricide.
Act Punishable: ART. 256: INTENTIONAL ABORTION

2006 BAR OPERATIONS
Under the Article 40 of the Civil Code, birth

Acts punishable: determines personality. A person is considered
1. by using any violence upon a pregnant born at the time when the umbilical cord is cut.
woman; He then acquires a personality separate from
2. by acting but without using force, the mother.
without the consent of the woman, ( by
administering drugs or beverages upon But even though the umbilical cord has been
such pregnant woman without her cut, Article 41 of the Civil Code provides that if
consent); the fetus had an intra-uterine life of less than
3. By acting, (by administering drugs or seven months, it must survive at least 24 hours
beverages) with the consent of pregnant. after the umbilical cord is cut for it to be
KEY: CVW considered born. (Dean Ortega)
ELEMENTS: ART. 257: UNINTENTIONAL ABORTION
1. there is a pregnant woman; ELEMENTS:

2. violence is exerted, or by administering
drugs and beverages, or accused 1. there is pregnant woman;
otherwise acts upon such pregnant 2. violence is used upon such pregnant
woman; and woman;
3. as a result of such violence or by 3. violence is intentionally committed; and
administering drugs or beverages, or any 4. as a result of such violence fetus dies,
acts of the accused, foetus dies, either either in the womb or after having been
in the womb or after having been expelled there from.
expelled therefrom. KEY: P-VID
KEY: PVF
Unintentional abortion can also be committed
Abortion is the violent expulsion of a fetus from through negligence
the maternal womb.
The accused can only be held liable if he knew
If the fetus has been delivered but it could not that the woman was pregnant
subsist by itself, it is still a fetus and not a
person. Thus, if it is killed, the crime committed If there is no intention to cause abortion and
is abortion not infanticide. neither was violence exerted, arts 256 and 257
does not apply
Distinction between infanticide and abortion
INTENTIONAL UNINTENTIONAL
It is infanticide if the victim is already a person With or without violence With violence
less that three days old or 72 hours and is (physical)
viable or capable of living separately from the May be by strangers or By strangers only
mother’s womb. by the woman herself or
the parents
It is abortion if the victim is not viable but Stranger knows of the Stranger may not
remains to be a fetus. pregnancy of the woman know the pregnancy
Abortion is not a crime against the woman but ART. 258: ABORTION PRACTICED BY A
against the fetus. If mother as a consequence of WOMAN HERSELF OR BY HER PARENTS
abortion suffers death or physical injuries, you
have a complex crime of murder or physical ELEMENTS:
injuries and abortion.
1. there is pregnant woman who suffered
In intentional abortion, the offender must know abortion;
of the pregnancy because the particular 2. abortion is intended;
criminal intention is to cause an abortion. 3. abortion is caused by:
Therefore, the offender must have known of the a. the pregnant woman herself;
pregnancy for otherwise, he would not try an b. any other person with her
abortion. consent;
c. any other person with her
If the woman turns out not to be pregnant and consent for the purpose of
someone performs an abortion upon her, he is concealing her dishonor.
liable for an impossible crime if the woman
suffers no physical injury. If she does, the Liability of the pregnant woman is mitigated
crime will be homicide, serious physical if the purpose is to conceal her dishonor.
injuries, etc. However, there is no litigation for the
parents of the pregnant women even if their
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purpose is to conceal their daughter’s 1. person who killed or inflicted physical

dishonor injuries upon his adversary, or both
combatants any other case as principals;
In infanticide, parents can avail of the 2. seconds and accomplices.
mitigating circumstance of concealing the
dishonor of their daughter. This is not so for DUEL- formal or regular combat previously
art 258 concerted between two parties in the presence
of two or more seconds of lawful age on its side,
ART. 259: ABORTION PRACTICED BY who make selection of arms and fix all other
PHYSICIAN OR MIDWIFE IN DISPENSING conditions of the fight.
ABORTIVES
ART. 261: CHALLENGING TO DUEL
ELEMENTS:
Acts punishable;
1. there is a pregnant woman who suffered
abortion; 1. by challenging another to duel;
2. abortion is intended; 2. inciting another to give or accept a
3. offender, who must be physician or challenge to duel;
midwife, caused or assists in causing 3. scoffing or decrying another publicly for
abortion; having refused to accept a challenge to
4. physician or midwife takes advantage of fight in a duel.
his/her scientific knowledge or skill. If one is moved by ill-feeling or hatred it is not
KEY: PIKA challenging to duel.
ELEMENTS WITH RESPECT TO Persons Responsible:

PHARMACIST: 1. challenger
2. instigator
1. offender is a pharmacist; A person who challenges another to a duel
2. no proper prescription from a physician; commits grave coercion. If killing occurs, it is
3. offender dispenses any abortive. homicide or murder as the case may be.
RA 4729 regulates sale dispensation and II PHYSICAL INJURIES

distribution of contraceptive drugs and devises.
ART. 262: MUTILATION
In both cases, the killing by the woman to
conceal dishonor is an extenuating KINDS:
circumstance only in the case of mother and
grandparents. 1. Intentionally mutilating another by
depriving him, either totally or partially
The “intentional” or “unintentional” refer to the of some essential organ for reproduction;
kind of abortion and not the ways of committing
it whether by dolo or culpa. 2. Intentionally making other mutilation
that is by looping or clipping off any part
If when committing intentional abortion, the of the body of the offended party other
woman turned out to be not pregnant, it is an than the essential organ for reproduction
impossible crime of abortion. If the non- to deprive him of that part of the body.
pregnant woman suffered physical injuries, then KEY: M-OM
the liability is for physical injuries and not for
impossible crime which is crime of last resort. ELEMENTS:
The woman cannot commit unintentional 1. that there be a castration, that is,
abortion against herself, it is always intentional. mutilation of organs necessary for
generation such as penis and ovarium;
ART. 260: RESPONSIBILITY OF 2. that mutilation is caused purposely and
PARTICIPANTS IN A DUEL deliberately, that is to deprive the
offended party of some essential organ of
Acts punishable: reproduction.
1. by killing one’s adversary in a duel; KEY: CASTRATE DELIBERATELY
2. by inflicting upon such adversary
physical injuries; and Mutilation is the lopping or clipping off of some
3. by making a combat although no part of the body.
physical injuries have been inflicted.
The common mistake is to associate this with
Persons Liable: reproductive organs only. Mutilation includes
any part of the human body that is not
susceptible to grow again. (Mayhem)
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Loss of use of hand or incapacity of usual work

If what was cut off was a reproductive organ, in par 2 must be permanent
the penalty is much higher than that for
homicide. Par 2 refers to principal members of the body.
Par 3 on the other hand, covers any other
This cannot be committed through criminal member which is not a principal part of the
negligence. body. In this respect, a front tooth is considered
as a member of the body, other than a principal
member
PHYSICAL INJURIES
Deformity: means physical ugliness,
It is a formal crime because it is permanent and definite abnormality. Not
penalized on the basis of the gravity of the curable by natural means or by nature. It must
injury. What is punished is the consequence be conspicuous and visible. Thus, if the scar is
and not the stage of execution. Hence it cannot usually covered by a dress, it would not be
be committed in an attempted or frustrated conspicuous and visible
stage.
The loss of 3 incisors is a visible deformity. Loss
ART.263: SERIOUS PHYSICAL INJURIES of one incisor is not. However, loss of one tooth
which impaired appearance is a deformity
How Committed:
Deformity by loss of teeth refers to injury which
a. Wounding cannot be impaired by the action of the nature
b. Beating
c. Assaulting Loss of both outer ears constitutes deformity
d. Administering injurious substances and also loss of the power to hear. Meanwhile,
loss of the lobule of the ear is only a deformity
What are serious physical injuries:
a. Injured person becomes insane, imbecile, Loss of the index and middle fingers is either a
impotent or blind deformity or loss of a member, not a principal
b. Injured person – one of his body or use of the same
1. loses the use of speech or the power
to hear or to smell, loses an eye, a hand, Loss of the power to hear in the right ear is
foot, arm or leg considered as merely loss of use of some other
2. loses the use of any such member part of the body
3. becomes incapacitated for the work in
which he had been habitually If the injury would require medical attendance
engaged for more than 30 days, the illness of the
c. Injured person – offended party may be considered as lasting
1. becomes deformed more than 30 days. The fact that there was
2. loses any other member of his body medical attendance for that period of time
3. loses the use thereof shows that the injuries were not cured for that
4. becomes ill or incapacitated for the length of time
performance of the work in which he
had been habitually engaged in for Under par 4, all that is required is illness or
more than 90 days incapacity, not medical attendance
5. Injured person becomes ill or
incapacitated for labor for more than In determining incapacity, the injured party
30 days (but not more than 90 days) must have an avocation at the time of the
injury. Work: includes studies or preparation for
Serious physical injuries may be committed a profession
through reckless imprudence or simple
imprudence When the category of the offense of serious
physical injuries depends on the period of the
There must be no intent to kill illness or incapacity for labor, there must be
evidence of the length of that period. Otherwise,
Impotence should include inability to copulate the offense will only be considered as slight
and sterility physical injuries
Blindness requires lost of vision in both eyes. There is no incapacity if the injured party could
Mere weakness in vision is not contemplated still engage in his work although less effectively
than before
Loss of power to hear must involve both ears.
Otherwise, it will be considered as serious Serious physical injuries is qualified when the
physical injuries under par 3 crime is committed against the same persons
enumerated in the article on parricide or when
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it is attended by any of the circumstances

defining the crime of murder. However, serious Serious Less serious Slight PI
physical injuries resulting from excessive Physica PI
chastisement by parents is not qualified serious l Injury
physical injuries Incapacity for 10-30 days 1-9 days
work is beyond duration of duration of
ART. 264: ADMINISTERING INJURIOUS 30 days. healing or healing or
SUBSTANCES OR BEVERAGES treatment, treatment,
incapacitated however if
ELEMENTS: from work for medical
less than 30 treatment
1. That the offender inflicted upon another days. exceeds 9
person any serious physical injury days it would
2. That it was done knowingly administering qualify as
to him any injurious substances or Less Serious.
beverages or by taking advantage of his Deformity is This involves
weakness of mind of credulity created upon ill treatment
3. He had no intent to kill the offended where there
party, healing is no sign of
Administering means introducing into the body duration or injury
the substance, thus throwing of the acid in the period of requiring
face is not contemplated treatment is medical
disregarded. treatment.
ART. 265: LESS SERIOUS PHYSICAL Deformity; Ill-treatment-
INJURIES a) The is committed
injury by inflicting
ELEMENTS: brought of pain
1.That the offended party is incapacitated for about although
labor for 10 days or more (but not more an there is no
than 30 days), or needs medical ugliness wound but
attendance for the same period of time upon the pain
2.That the physical injuries must not be the suffered
those described in the preceding articles offended gives rise to
; slight
Circumstances qualifying the offense: b) Such physical
1. when there is manifest intent to insult or ugliness injuries.
offend the injured person would
2. when there are circumstances adding not
ignominy to the offense disappe
3. when the victim is either the ar
offender’s parents, ascendants, through
guardians, curators or teachers natural
4. when the victim is a person of rank or healing
person in authority, provided the process.
crime is not direct assault
Physical Injuries Attempted or frustrated
It falls under this article even if there was no homicide/murder
incapacity but the medical treatment was for 13 The means Intent to kill is
days employed is not determined,
capable of resulting
ART. 266: SLIGHT PHYSICAL INJURIES: to death.  How?
Determined by the
Three Kinds: means employed, an
overt act to kill must
1. That which incapacitated the offended be established and it
party for labor from 1-9 days or required cannot simply be
medical attendance during the same manifested by oral
period threats.
2. That which did not prevent the
offended party from engaging in his Republic Act No. 8049 (The Anti-Hazing Law)
habitual work or which did not require
medical attendance (ex. Black-eye) Hazing -- This is any initiation rite or practice
3. Ill-treatment of another by deed which is a prerequisite for admission into
without causing any injury (ex. slapping membership in a fraternity or sorority or any
but without causing dishonor) organization which places the neophyte or
KEY: I- DID NOT PREVENT-ILL TREATMENT applicant in some embarrassing or humiliating
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situations or otherwise subjecting him to 249 of the Code which defines and penalizes the
physical or psychological suffering of injury. crime of homicide were the victim is under 12
These do not include any physical, mental, years old is an error. Killing a child under 12 is
psychological testing and training procedure murder, not homicide, because the victim is
and practice to determine and enhance the under no position to defend himself as held in
physical and psychological fitness of the the case of People v. Ganohon, 196 SCRA
prospective regular members of the below. 431.
Organizations include any club or AFP, PNP, For murder, the penalty provided by the Code,
PMA or officer or cadet corps of the CMT or CAT. as amended by Republic Act No. 7659, is
reclusion perpetua to death – higher than what
Section 2 requires a written notice to school Republic Act no. 7610 provides. Accordingly,
authorities from the head of the organization insofar as the crime is murder, Article 248 of
seven days prior to the rites and should not the Code, as amended, shall govern even if the
exceed three days in duration. victim was under 12 years of age. It is only in
respect of the crimes of intentional mutilation in
Section 3 requires supervision by head of the paragraph 2 of Article 262 and of serious
school or the organization of the rites. physical injuries in paragraph 1 of Article 263 of
the Code that the quoted provision of Republic
Section 4 qualifies the crime if rape, sodomy or Act No. 7160 may be applied for the higher
mutilation results there from, if the person penalty when the victim is under 12 years old.
becomes insane, an imbecile, or impotent or
blind because of such, if the person loses the
use of speech or the power to hear or smell or RAPE
an eye, a foot, an arm or a leg, or the use of any
such member or any of the serious physical Republic Act No. 8353 (An Act Expanding the
injuries or the less serious physical injuries. Definition of the Crime of Rape,
Also if the victim is below 12, or becomes Reclassifying the Same as A Crime against
incapacitated for the work he habitually engages Persons, Amending for the Purpose the
in for 30, 10, 1-9 days. Revised Penal Code) repealed Article 335 on
rape and added a chapter on Rape under Title
It holds the parents, school authorities who 8.
consented or who had actual knowledge if they
did nothing to prevent it, officers and members How committed:
who planned, knowingly cooperated or were
present, present alumni of the organization, 1. By a man who shall have carnal knowledge
owner of the place where such occurred liable. of a woman under any of the following
Makes presence a prima facie presumption of circumstances:
guilt for such. a. Through force, threat or intimidation;
b. When the offended party is deprived of
Republic Act No. 7610 (Special Protection of reason or otherwise unconscious;
Children against Child Abuse, Exploitation c. By means of fraudulent machination
and Discrimination Act),* or grave abuse of authority; and
d. When the offended party is under
* In relation to murder, mutilation or injuries to twelve (12) years of age or is demented,
a child even though none of the circumstances
mentioned above is present.
The last paragraph of Article VI of Republic Act
No. 7610, provides: 2. By any person who, under any of the
circumstances mentioned in paragraph 1
“For purposes of this Act, the penalty for the hereof, shall commit an act of sexual assault by
commission of acts punishable under Articles inserting his penis into another person’s mouth
248, 249, 262 (2) and 263 (1) of Act No 3815, as or anal orifice, or any instrument or object, into
amended of the Revised Penal Code for the genital or anal orifice of another person.
crimes of murder, homicide, other intentional KEY: CK-fit-df-12-C
mutilation, and serious physical injuries,
respectively, shall be reclusion perpetua when Aggravating/Qualifying Circumstances
the victim is under twelve years of age.” increases penalty to DEATH
The provisions of Republic Act No. 7160 1. Victim is under 18 and offender is the
modified the provisions of the Revised Penal parent, ascendant, step-parent, and
Code in so far as the victim of the felonies guardian, relative by consanguinity or
referred to is under 12 years of age. The clear affinity within the 3rd civil degree, or the
intention is to punish the said crimes with a common-law of the parent of the victim.
higher penalty when the victim is a child of
tender age. Incidentally, the reference to Article
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2. Victim is under the custody of the police Force may not be irresistible, all that is
or military authorities or any law necessary that the force used by the accused is
enforcement or penal institution. sufficient to consummate his evil purpose, or
3. Rape is committed in full view of the that it was successfully used.
spouse, parent, any of the children or
other relatives within the 3rd civil degree. Intimidation in rape
NOTE: Jurisprudence used presence This includes moral kind that is, threatening
instead of full-view, therefore, hearing the victim with knife. Intimidation is addressed
distance is possible, relation by affinity to the mind of the victim and is, therefore
not included. subjective. Its presence cannot be tested by any
4. Victim is a religious engaged in hard and fast rule, but must be viewed in the
legitimate religious vocation or calling light of the victim’s perception and judgment at
and is personally known to be such by the time of the crime. The working of the human
the offender before the time of the mind under emotional state are unpredictable,
commission of the crime. people react differently in such situations.
5. Victim is under 7 years old.
6. Offender knows that he has AIDS or any Statutory Rape
STD and the virus or disease is This is carnal knowledge of a woman below
transmitted to the victim. 12 years old. Force and intimidation need not
7. When committed by any member of then be proved, sweetheart defense is not a defense.
AFP or paramilitary units thereof or the The birth certificate is the best evidence.
PNP or any law enforcement agency or Consent is immaterial, what is at stake is that
penal institution, when the offender took the child is of tender age and does not have a
advantage of his position to facilitate the will of her own.
commission of the crime.
8. When by reason or on the occasion of Some doctrinal principles:
the rape, the victim has suffered 1. Full or complete penetration of
permanent physical mutilation or the private parts is not necessary as the
disability. only essential point to prove is the
9. When the offender knew of the entrance r at least the introduction of the
pregnancy of the offended party at the male organ in the labia of the pudendum.
time of the commission of the crime. 2. The absence of medical findings
10. When the offender knew of the mental by the medico-legal officer does not
disability, emotional disorder and or disprove the commission of rape, neither is
physical handicap of the offended party the presentation of the victims torn panty
at the time of the commission of the fatal to the prosecutions case.
crime. The purpose of the medical examination is
corroborative in nature. Furthermore, the
The above stated circumstances must be alleged presence of a laceration in the vagina is
in the information to be appreciated as such. not an essential prerequisite to prove that
a victim has been raped.
The Supreme Court did not impose death on 3. So long as the testimony of the
the following: victim meets the test of credibility, the
1. age of the victim was not alleged in the accused may be convicted of the offense.
information; 4. In incestuous the moral
2. relationship of the offender and offended ascendancy of the parent takes the place
not alleged though proved; of force or violence.
3. minority and relationship not alleged;
4. where the accused was alleged as CRIMES AGAINST PERSONAL LIBERTY AND
stepfather in the information but proved SECURITY
later that he is merely a common-law
spouse of the parent of the offended. ART. 267: KIDNAPPING AND SERIOUS
ILLEGAL DETENTION:
Pardon by the offended party
The valid marriage between the offender and ELEMENTS:
the offended party shall extinguish the action or
penalty imposed. 1) that the offender is a private individual
2) that he kidnaps or detains another, or
Force in Rape in any manner deprives the latter of his
It does not mean violently, but with the liberty
description of force which must be exercised in 3) that the act of detention or kidnapping
order to accomplish the act for there is no doubt must be illegal.
that unlawful connection with a woman in a 4) that in the commission of the offense,
state of consciousness, produced by profound any of the ff. circumstances is present.
sleep, stupor or otherwise amounts to rape. a. that the kidnapping or detention
lasts for more than three( 3) days
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b. that it is committed simulating unlawfully detains a

public authority kidnaps, person without
c. that any serious physical detains or legal ground.
injuries are inflicted upon person otherwise
kidnapped or detained or threats deprives a
to kill him are made. person of
d. That the person kidnapped or liberty.
detained is a minor, female or a  Crime is  Crime against
public officer. against the
KEY: PDIC-tiam personal liberty fundamental
and security law of the state.
Detention for more than 3 days not necessary
when any of the other circumstances is present
ART. 268: SLIGHT ILLEGAL DETENTION
Victim need not be placed in an enclosure
restraint need not be permanent. ELEMENTS:
Qualifying Circumstance: Death Penalty 1) that the offender is private individual

1. Purpose is to extort ransom 2) that he kidnaps or detains another, or
2. If victims is killed, raped or tortured as a in any manner deprives him of his
consequence liberty
3) that the act of kidnapping or detention
Ransom: Money, price or consideration paid or is illegal
demanded for redemption of a captured person 4) that the crime is committed without
that would release then from captivity. the attendance of any of the
circumstances enumerated in 267
Kidnapping connotes the idea of transporting KEY: Pi-KIW
the offended party from one place to another
Under this article the same liability is incurred
Illegal detention connotes the idea that a person by an accomplice who furnished the place for
is restrained of his liberty without necessarily the perpetration of the crime
transporting him from one place to another
Privileged Mitigating Circumstances
When victim is killed because of his refusal to
pay the ransom kidnapping being necessary to If the offender:
commit the murder it is complex crime of a) voluntarily releases the person so
kidnapping with murder. kidnapped or detains within three days
from the commencement of the detention
But where he was taken for the purpose of b) without having attained the purpose
killing him and not for detaining him, crime intended
committed is murder. c) before the institution of criminal
proceedings against him.
RA 7659 modified Art. 267, the amendment
brings about a composite crime of Kidnapping When the victim is a female, the detention is
with Homicide when it is the victim of the punished under Art. 267. Voluntary release is
kidnapping who was killed, or dies as a not mitigating circumstance under Art. 267.
consequence of the detention and thus only one
penalty is imposed which is death. Art 48 on ART: 269 UNLAWFUL ARREST
complex crimes does not govern
In kidnapping, it is not only that of transporting ELEMENTS:
one person from one place to another, the 1) that the offender arrests or detains
criminal intent must be established. another person
2) that the purpose of the offender is to
FORCIBLE ABDUCTION- if a woman is deliver him to the proper authorities.
transported from one place to another by virtue 3) that the arrest or detention is not
of her of her liberty and that act is coupled with authorized by law or there is no
lewd designs. reasonable ground therefore.
KEY: DDN
In KIDNAPPING FOR RANSOM voluntary release
will not mitigate the crime because this crime is Offender is any person, so either a public
penalized with the extreme penalty of death officer or private individual
Illegal Detention Arbitrary Detention Refers to warrantless arrests

 Committed by  Committed by a
a private public officer or No period of detention is fixed by law, but
individual who employee who the motive of the offender is controlling
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child having been given to one of them, the

Distinction between Art.125 and Art.269 other parent of such minor child from the
one having the lawful custody of said child
Art. 125 Art. 269 or induces such minor to leave his home.
 Detention is  Detention is not
for some legal authorized by ART. 272: SLAVERY
ground law
 Crime is  Committed by ELEMENTS:
committed by making an
failing to arrest not 1. that the offender purchases, sells,
deliver such authorized by kidnaps or detains a human being
person to the law 2. that the purpose of the offender is to
proper judicial enslave such human being.
authority
within a Qualifying circumstance – if the purpose of the
certain period offender is to assign the offended party to some
of time even if immoral traffic (prostitution), the penalty is
the arrest be higher
for a legal
ground. This is committed if anyone shall purchase,
kidnap, or detain a human being for the
ART. 270: KIDNAPPING AND FAILURE TO purpose of enslaving him.
RETURN A MINOR
The penalty is increased if the purpose of the
ELEMENTS: offender is to assign the offended party to some
immoral traffic
1. that the offender is entrusted with the
custody of a minor person (over or under The employment or custody of a minor with the
7 but less than 21) consent of the parent or guardian although
2. that he deliberately fails to restore the against the child’s own will cannot be
said minor to his parents or guardian. considered involuntary servitude.
KEY: EF
ART. 273: EXPLOITATION OF CHILD LABOR
When committed by either parents, penalty is
arrest to major or a fine not exceeding P300, or ELEMENTS:
both Art 267 does not apply ; Art 270/ 271
applies. 1. the offender retains a minor in
his service
If any of the foregoing elements is absent , the 2. that it is against the will of the
kidnapping of the minor will then fall under minor
Art. 267 3. that it is under the pretext of
reimbursing himself of a debt
If the taking is with the consent of the parents, incurred by an ascendant,
the crime is committed under this article. guardian a person entrusted
with the custody of such minor.
ART. 271: INDUCING A MINOR TO ABANDON KEY:SER
HIS HOME
ART. 274: SERVICES RENDERED UNDER
ELEMENTS: COMPULSION IN PAYMENT OF DEBT
1. that minor (whether over or under 7 ELEMENTS:

years of age) is living in the home of his
parents or guardian or the person 1. that the offender compels a
entrusted with his custody. debtor to work for him, either as
2. that the offender induces said minor to household servant or farm
abandon such home. laborer.
KEY: Minor-Abandon 2. that it is against the debtor’s
will
Under this article the inducement being 3. that the purpose is to require or
contemplated must be actual,committed enforce the payment of a debt.
with criminal intent and determined by a
will to cause damage. CRIMES AGAINST SECURITY
A Father or a mother may commit crimes ART. 275: ABANDONMENT OF PERSON IN

under this article– where they are living DANGER AND ABANDONMENT OF ONE’S
separately and the custody of their minor OWN VICTIM
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2. If the life of the minor was in danger

Punishable Acts: because of the abandonment
1. failure to render assistance to any person If the offender is the parent of the minor
whom the offender finds in an uninhabited who is abandoned he shall be deprived of
place, wounded or in danger of dying when parental authority
he can render such assistance without to
himself, unless such omission shall ART. 277: ABANDONMENT OF MINOR BY
constitute a more serious offense PERSON ENTRUSTED WITH HIS CUSTODY;
2. failing to help/render assistance to INDIFFERENCE OF PARENTS
another whom the offender has
accidentally wounded or injured. Elements of the Abandonment of Minor:
3. failing to deliver a child, under seven years
whom the offender has found 1. That he delivers said minor to a public
abandonment, to the authorities or to his institution or other persons
family, by failing to state him to a safe 2. That the one who entrusted such child
place. to the offender has not consented to
such act, or if the one who entrusted
ELEMENTS: such child to the offender is absent, the
proper authorities have not consented to
1. the place is not inhabited it.
2. the accused found there a person
wounded or in danger of dying Elements of the Indifference of Parents:
3. the accused can render assistance
without detriment to himself 1. That the offender is a parent
4. the accused failed to render assistance 2. That he neglects his children by not
giving them education
It is immaterial that the offender did not know 3. That his station in life requires such
that the child is under 7 yrs. Old education and his financial condition
permits it.
Paragraph 2 of this article applies only when 4. Failure to give education must be due to
someone is accidentally injured by the accused deliberate desire to evade such
obligation
ART. 276: ABANDONING A MINOR
ART. 278: EXPLOITATION OF MINORS
ELEMENTS:
1. that the offender has the custody Acts Punished:

of a child
2. that the child is under seven 1. Causing any boy or girl under 16 to
years perform any dangerous feat of balancing,
3. that he abandons such child physical, or contortion, the offender
4. that he has no intent to kill the being any person.
child when the latter is 2. Employing children 16 who are not
abandoned children or descendants of the offender
KEY: CANS in exhibitions of acrobat, gymnast, rope-
walker, diver or wild animal tamer, the
Where there is intent to kill, this article offender being an acrobat, etc. or circus
does not apply. The intent to kill is manager or engaged in a similar calling.
cannot be presumed from the death of 3. Employing any descendant under 12
the child. years of age in dangerous exhibitions
enumerates in the next preceding
The ruling that the intent to kill is paragraph, the offender being engaged in
presumed from the death of the victim of any of the said calling.
the crime is applicable only to crimes 4. Delivering a child under 16 gratuitously
against person, and not to crimes to any person in any of the callings
against security, particularly the crime enumerated, or to any habitual vagrant
of abandoning a minor. or beggar, the offender being an
ascendant, guardian, teacher, or person
A permanent, conscious and deliberate entrusted in any capacity with the care
abandonment is required in this article. of such child.
5. Inducing any child under 16 to abandon
Circumstances Qualifying the Offense: the home of its ascendants, guardians,
curators or teachers to fallow any person
1. When the death of the minor resulted engaged in any callings mentioned or to
from such abandonment
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accompany any habitual vagrant or Absolute Causes:

beggar, the offender being any person.
1) If the entrance to another’s dwelling is
made for purpose of preventing some serious
Circumstance Qualifying the Offense harm to himself, the occupants of the dwelling
or third person;
If the delivery of the child to any person
following any of the callings of acrobat, rope- 2) If the purpose is to render some
walker, diver or wild-animal trainer or circus service to humanity or justice; and
manager or to any habitual vagrant of beggar is
made in consideration of any price, 3) If the place where entrance is made is
compensation or promise, the penalty is higher. a café, tavern, inn and other public house, while
the same are open.
If the offense is committed by means of violence
or intimidation, the penalty is higher. Prohibited is implied in entrance through the
window
Republic Act 7610 punished abuse, exploitation
and discrimination of minors. Prohibited must be in existence prior to or at
the time of entrance
The exploitation of minors must refer to act
endangering the life or safety of the minor. Prohibited, not necessary when violence or
intimidation is employed by the offender.
ART. 280: QUALIFIED TRESPASS TO
DWELLING All trespassers, ordinarily have intention to
commit another crime, but if there is no overt
ELEMENTS: act of the crime intended to be committed the
crime is only trespass to dwelling.
1. That the offender is a private
person Against The Will- means that the entrance is
2. That he enters the dwelling of either expressly or impliedly prohibited or the
another prohibition is presumed. Fraudulent entrance
3. That such entrance is against may constitute trespass. The prohibition to
the latter’s will enter may be made at any time and not
KEY: PDA necessarily at the time of the entrance
Circumstance qualifying the offense Cases when Art 280 does not apply:
a)when the purpose of the entrance is to
- If the offense is committed by prevent serious harm to himself, the
means of violence or intimidation, the occupant or third persons
penalty is higher. b) when the purpose of the
- Dwelling includes room when occupied offender in entering is to render some
by another person service to humanity or justice
c)anyone who shall enter cafes, taverns,
Dwelling is defined as any building or structure inns and other public houses while they
exclusively devoted for rest and comfort, as are open.
distinguished from places devoted to business,
offices etc. ART. 281: OTHER FORMS OF TRESPASS
Dwelling is not necessary that it be the ELEMENTS:

permanent dwelling of the person. So, a 1. That the offender enters the
person’s room in a hotel may be considered a closed premises or the fenced
dwelling. It also includes a room where one estate of another.
resides as a boarder. 2. That the entrance is made while
either of them is uninhabited.
If the purpose in entering the dwelling is not 3. That the prohibition to enter be
shown, trespass is committed. If the purpose is manifest.
shown, it may be absorbed in the crime as in 4. That the trespasser has not
robbery with force upon things, the trespass secured the permission of the
yielding to the more serious crime. But if the owner or the caretaker thereof.
purpose is not shown and while inside the
dwelling he was found by the occupants, one of Premises defined
whom was injured by him, the crime committed signifies distinct and definite locality. It may
will be trespass to dwelling and frustrated mean a room, shop, building or definite area,
homicide, physical injuries, or if there was no but in either case, locality is fixed.
injury, unjust vexation.

2006 BAR OPERATIONS
Entering a warehouse may be trespass under Elements:

this article because the warehouse is a closed a. That the offender threatens another person
premise. with the infliction upon the latter’s person,
honor or property, or upon that of the latter’s
Art. 280 Art. 281 family, of any wrong.
 Offender is a  Detention is b. That such wrong amounts to a crime.
private person not authorized c. That the threat is not subject to a condition
by law KEY: TCN
 Offender enters  Offender enters
a dwelling closed premises Aggravating circumstances: if made in writing
house or fenced or thru a middleman
estate.
 Place entered is  Place enter is Frustrated – if not received by the person being
inhabited uninhabited threatened
 Act  It is entering
constituting the closed Art 284 bond from good behavior may be
the crime is premises or the imposed (only in these offenses)
entering the fenced estate
dwelling without ART. 283: LIGHT THREATS
against the will securing the
of the owner permission on ELEMENTS:
of the owner or
care taker 1. That the offender makes a threat to commit a
thereof. wrong.
 Prohibition to  Prohibition to 2. That the wrong does not constitute a crime.
enter is express enter must be 3. That there is a demand for money or that
or implied manifest. other condition is imposed, even though not
unlawful
P.D 772: Penalizes squatting and other similar 4. That the offender has attained his purpose
acts or, that he has not attained his purpose
ART. 282: GRAVE THREATS WHERE Art 284 bond from good behavior may be
OFFENDER ATTAINED HIS PURPOSE imposed
Acts punishable: ART. 284: BOND FOR GOOD BEHAVIOR

1. By threatening another with the infliction
upon his person, honor or property that of Cases when a person is obliged to file the
his family of any wrong amounting to a bond
crime and demanding money or imposing
any other condition, even though not 1. When the threatens another under
unlawful and the offender (Note: threat is circumstances mentioned in 282
with condition) 2. When the threatens another under
circumstances mentioned under 283
ELEMENTS:
ART. 285 OTHER LIGHT THREATS
a. That the offender threatens another person
with the infliction upon the Acts punished:
latter’s person, honor or
property, or upon that of the 1. Threatening another with a weapon, or
latter’s family, of any wrong. by drawing such weapon in a quarrel,
b. That such wrong amounts to a crime. unless it be in lawful self-defense;
c. That there is a demand for money or that any
other condition is imposed, even though not 2. Orally threatening another, in the heat
unlawful. of anger, with some harm constituting a
d. That the offender attains his purpose. crime, without persisting in the idea
KEY: T WAD involved in his threat;
2. By making such threat without the offender 3. Orally threatening to do another any
attaining his purpose harm not constituting a felony.
3. By threatening another with the infliction ART.286: GRAVE COERCIONS

upon his person, honor or property or that
of his family of any wrong amounting to a ELEMENTS:
crime, the threat not being subject to a
condition (Note: threat is without condition)

2006 BAR OPERATIONS
1. That a person prevented another from doing b) That he or such firm or

something OR not to do something against corporation has employed
his will, be it right or wrong; laborers or employees.
2. That the prevention or compulsion be effected c) That he forces or compels,
by violence, of force as would produce directly or indirectly, or
intimidation and control the will. knowingly permits to be forced or
3. That the person that restrained the will and compelled, any of his or its
liberty by another had not the authority of laborers or employees to
law or the right to do so, or, in other words, purchase merchandise of
that the restraint shall not be made under commodities of any kind from
authority of law or in the exercise of any him or from said firm or
lawful right. corporation
ART. 287: LIGHT COERCIONS Elements of Act. No. 2
ELEMENTS: a) That the offender pays the wages

due a laborer or employee
1. That the offender must be a creditor. employed by him by means of
2. That he seizes anything belonging to his tokens or objects.
debtor. b) That these tokens or objects one
3. That the seizure of the thing be other than the legal tender
accomplished by means of violence or a currency of the Philippines.
display of material force producing c) That such employee or laborer
intimidation; does not expressly request that
4. That the purpose of the offender is to apply he be paid by means of tokens or
the same to the payment of the debt. objects.
KEY: CASA
ART. 289: FORMATION, MAINTENANCE, AND
If no violence employed, crime is unjust PROHIBITION OF COMBINATION OF
vexation. CAPITAL OR LABOR THROUGH
VIOLENCE OR THREATS
Unjust vexation includes any human conducts
which although not productive of some physical ELEMENTS:
or material would, however, unjustly annoy or
vex an innocent person. 1) That the offender employs
violence or threats, in such a
Kissing a girl, without performing acts of degree as to compel or force the
lasciviousness, is unjust vexation. laborers or employers in the free
and legal exercise of their
There is no violence or intimidation in unjust industry or work.
vexation 2) That the purpose is to organize,
maintain or prevent coalitions of
ART. 288: OTHER SIMILAR COERCIONS capital or labor, strike of laborers
or lockout of employers.
Punishable Acts:
The act should not be a more pervious offense
1. forcing or compelling, directly or
indirectly, or knowingly Peaceful picketing is part of freedom of speech
permitting the forcing or and therefore, cannot be prohibited
compelling of the laborer or
employee of the offender to Employing violence or making threat by piketers
purchase merchandise or may make them liable for coercion.
commodities of any kind from Preventing employee from joining any registered
him. labor organization is punished under the labor
2. paying the wages due his laborer code, not under the revised penal code
or employee by means of tokens
or objects other that the legal DISCOVERY AND REVELATION OF SECRETS
tender currency of the Phil.,
unless expressly requested by ART. 290: DISCOVERING SECRETS
such laborer or employee. THROUGH SEIZURE OF CORRESPONDENCE
Elements of Act. No. 1 ELEMENTS:

1. that the offender is a private
a) that the offender is any person, individual or even a public officer
agents or officer of any not in the exercise of his official
association or corporation. function.
2006 BAR OPERATIONS
2. that the seizes the papers of The revelation of the secret might be made after
letters of another the employee or workman had ceased to be
3. that the purpose is to discover connected with the establishment.
the secrets of such another
person Prejudice is an essential element of the offense.
4. that offender is informed of the
contents of the papers of letters Presidential Decree 1612- Anti – Fencing Law
seized.
KEY: N PIS Fencing refers to the act of any person who,
with intent to gain for himself or for another,
This article does not require that the offended shall buy, receive, possess, keep, acquire,
party be prejudiced. conceal, sell or dispose of, or shall buy and sell,
or in any other manner deal in any article, item,
Circumstance qualifying the offense: object or anything of value which he knows, or
When the offender reveals the contents of such should be known to him, to have been derived
paper or letters of another to a third person, the from the proceeds of the crime of robbery or
penalty is higher. theft.
Thisarticle is inapplicable to: Fence includes any person, firm, association,

a) parents corporation, or partnership or other
b) guardians organization who/which commits the act of
c) or persons entrusted with the custody of fencing.
minors under their care
d) spouse Liability of Officials of Juridical Persons
e) teachers or other persons entrusted with If the fence is a partnership, firm, corporation,
the care and education of the minor or association, the president or the manager or
any officer thereof who knows or should have
ART. 291: REVEALING SECRETS WITH known the commission of the offense shall be
ABUSE OF OFFICE liable.
ELEMENTS: Presumption of Fencing

Mere possession of any good, article, item,
1. that the offender is a manager, object, or anything of value which has been the
employee or servant subject of robbery thievery shall be prime facie
2. that the learns the secrets of is evidence of fencing.
principal of master in such
capacity. Clearance/Permit to sell used Secondhand
3. that he reveals such secrets. Articles
For purpose of this act, all stores,
It is needed that the secret must have come to establishments or entities dealing in the buy
their knowledge by reason of their office or and sell of any good, article, item, objects or
position. anything of value obtained from an unlicensed
dealer or supplier theory, shall before offering
Damage is not necessary under this article. the same for sale to the public, secure the
necessary clearance or permit from the station
ART. 292: REVELATION OF INDUSTRIAL commander of the Integrated National Police in
SECRETS the town or city where such store,
establishment or entity is located.
ELEMENTS:
Any person who fails to secure the clearance or
1. That the offender is a person in permit requires by this section or who violates
charge, employee or workman of any of the rules and regulations promulgated
a manufacturing or industrial hereunder shall upon conviction be punished as
establishment. Fence.
2. That the manufacturing or
industrial establishment has a CRIMES AGAINST PROPERTY
secret of the industry which the
offender has learned. ART. 293: ROBBERY IN GENERAL
3. That the offender reveals such
secrets. ROBBERY, Defined: Robbery is the taking of
4. That prejudice is caused to the personal property belonging to another, with
owner. intent to gain, by means of violence against, or
intimidation of any person, or using force upon
Secrets contemplated under this article must anything, shall be guilty of robbery.
relate to manufacturing processes
CLASSIFICATION OF ROBBERY:
2006 BAR OPERATIONS
performance of the work in which he is

1. Robbery with violence against, or habitually engaged for more than 90
intimidation of persons. (Articles days or the person injured becomes ill or
294,297 and 298) incapacitated for labor for more than 30
days;
2. Robbery by the use of force upon things. 7. If the violence employed by the offender
(Articles 299 and 302) does not cause any of the serious
physical injuries defined in Article 263,
ELEMENTS OF ROBBERY IN GENERAL or if the offender employs intimidation
only.
a. That there be of (1)personal property (2) KEY: HIV RP
belonging to another;
b. That there is (3) unlawful taking of the
property; The phrases “on the occasion” and “by reason”
c. That the taking must be (4) with intent to of the robbery mean that the homicide, rape a
gain; serious physical injuries defined in paragraphs
d. That there is (5) violence against or 1 and 2 of Article 263 must be committed in the
intimidation of any person or force upon course or because of the robbery.
anythings.
Robbery is a complex crime because there one
In the commission of robbery, it is not penalty prescribed, even if two crimes are
necessary that the person, from whom the committed. Article 48 applies only when a
property is taken by means of threats and complex crime is not punished with a specific
violence, shall be the owner thereof. It is penalty.
sufficient if the property is taken from him by
such means, for the purpose of gain, on the part ROBBERY WITH HOMICIDE
of the person appropriating it. The term “HOMICIDE” is used in the generic
sense and the complex crime there in
ART. 294: ROBBERY WITH VIOLENCE contemplated comprehends not only robbery
AGAINST OR INTIMIDATION OF PERSONS with homicide in its restricted sense but also
with robbery with murder.
Kinds of Robbery with violence against or
intimidation of persons: Any and all forms of killing (murder, parricide,
1. When by reason or on occasion of the infanticide) is referred to as HOMICIDE.
robbery (taking of personal property
belonging to another with intent to gain), As long as there is only one (1) robbery,
the crime of homicide is committed; regardless of the persons killed, the crime will
only be one count of robbery with homicide.
2. When the robbery is accompanied by The fact that there multiple killings committed
rape or intentional mutilation or arson in the course of the robbery will be considered
3. When by reason of on occasion of such only as AGGRAVATING so as to call for the
robbery, any of the physical injuries imposition of the maximum penalty prescribed
resulting in insanity, imbecility, by law.
impotency or blindness is inflicted;
4. When by reason or on occasion of If somebody is killed and physical injuries are
robbery, any of the physical injuries also inflicted by reason or on the occasion of the
resulting in the loss of the use of speech robbery, the physical injuries inflicted are only
or the power to hear or to smell, or the considered AGGRAVATING CIRCUMSTANCES
loss of an eye, a hand, a foot, an arm, or in the crime of robbery with homicide.
a leg or the loss of the use of any such
member or incapacity for the work in If in the course of the robbery another robber is
which the injured person is theretofore killed by his companion, the crime committed is
habitually engaged is inflicted; still robbery with homicide. The law does not
5. If the violence or intimidation employed require that the person killed is the owner of the
in the commission of the robbery is property taken. The same is true even if the
carried to a degree unnecessary for the person killed was an innocent bystander and
commission of the crime; not the person robbed.
6. When in the course of its execution, the
offender shall have inflicted upon any ROBBERY WITH RAPE
person not responsible for the
commission of the robbery any of the This is usually committed when, while some
physical injuries in consequence of robbers are ransacking for personal property in
which the person injured becomes the house, the other is raping a woman in the
deformed or loses any other member of same house.
his body or loses the sue thereof or
becomes ill or incapacitated for the
2006 BAR OPERATIONS
If is not necessary that the rape be committed 3. by attacking a moving train, street car,
prior to our simultaneously with the robbery. motor vehicle, or airship, or
For the law says, in the definition of the crime, 4. by entering the passenger’s
that when the robbery is accompanied by rape compartments in a train, or in any
on mutilation, etc. manner taking the passengers there of
by surprise in the respective
conveyances, or
There is no such crime as robbery with 5. on a street, road highway, or alley, and
attempted rape, because a robbery cannot be a the intimidation is made with the use of
necessary means to commit attempted rape; nor firearms, the offender shall be punished
attempted rape, to commit robbery. Both by the maximum periods of the proper
crimes cannot be the result of a SINGLE ACT. penalties prescribed in Article 294.
The rape must be consummated.
Any of these five QUALIFYING
If rape was the primary objective of the CIRCUMSTANCES of robbery with physical
occurred, and his taking of the jewels of the injuries or intimidation must be alleged in the
victim was NOT WITH INTENT TO GAIN but just information and proved during the trial.
to have some tokens of her supposed consent to
the coition, the accused committed two district It cannot be offset by GENERIC MITIGATING
crimes of rape and unjust vexation. CIRCUMSTANCES.
If the woman raped pardoned or married the The qualifying circumstances do not apply with
robber, the crime remains robbery with rape. Robbery with Homicide, Rape or with Serious
The rape is not erased, because the crime is Physical Injuries under subdivision 1 of Article
robbery which is a crime against property. 263. If said circumstances are present, they are
only GENERIC AGGRAVATING
ROBBERY WITH PHYSICAL INJURIES CIRCUMSTANCES.
If an the occasion of the robbery, one of the ART. 296: DEFINITION OF A BAND AND
offenders inflicted upon another robber physical PENALTY INCURRED BY THE MEMBERS
injuries, there is no crimes of robbery with THEREOF
physical injuries because the wording of the law
says “UPON ANY PERSON NOT RESPONSIBLE BAND, Defined.
FOR ITS COMMISSION.”
1. When at least four (4) armed malefactors take
However, if the physical injuries inflicted are part in the commission of a robbery, it is denied
those falling under subdivision 1 and 2 of committed by a band.
Article 263, even though the physical injuries
were inflicted upon one of the robbers 2. When any of the arms used in the
themselves, and even though it had been commission of, the robbery is not licensed, the
inflicted after the robbery was already penalty upon all the malefactors shall be the
consummated, the crime will still be robbery maximum of the corresponding penalty provided
with serious physical injuries. There will only by law, without prejudice to the criminal
be one count of accusation. liability for illegal possession of such firearms.
The physical injuries must always be serious. If 3. Any number of the band who was present at
they are only LESS SERIOUS OR SLIGHT they the commission of a robbery by the band shall
are absorbed in the robbery. be punished as principal of any of the assaults
committed by the band, unless it is shown that
However if the less serious physical injuries are he attempted to prevent the same.
committed after the robbery was already
consummated, there will be a separate charge But when there is CONSPIRACY to commit
for less serious physical injuries. homicide and robbery, all the persons in the
conspiration, even if less than four armed men,
ART. 295: QUALIFIED ROBBERY WITH are liable for the special complex crime of
VIOLENCE OR INTIMIDATION robbery with homicide, rape, etc.
ROBBERY WITH VIOLENCE AGAINST OR ART. 297: ATTEMPTED AND FRUSTRATED

INTIMIDATION OF PERSONS IS QUALIFIED ROBBERY COMMITTED UNDER CERTAIN
WHEN: CIRCUMSTANCES
If any of the offenses defined in subdivisions 3, The article provides, that whether the robbery is
4 and t of Article 294 is committed attempted or frustrated, The penalty is still the
same.
1. in an uninhabited place, or
2. by a band;

2006 BAR OPERATIONS
However, in an attempted or frustrated robbery,

The killing of the victim is qualified by treachery UNDER THE FIRST PREDICATE THE
or relationship, The proper penalty for murder ELEMENTS ARE:
or parricide shall be imposed because it is more
severe. 1. That the offender entered (a) an
inhabited house, or (b) public building,
Robbery with Homicide and/or Attempted or or (c) edifice devoted to religious
Frustrated Robbery with homicide is a SPECIAL worship.
COMPLEX CRIME not governed by Article 48, 2. That the entrance was effected by any of
but by the special provisions of Articles 297, the following means:
respectively. However, when the offense a. Through an opening not intended
committed is attempted or frustrated robbery for entrance or egress;
with serious physical injuries, Article 48 is b. By breaking any wall, roof, or
applicable. floor or breaking any door or
window;
ART. 298: EXECUTION OF DEEDS BY MEANS c. By using false keys, picklocks or
OF VIOLENCE OF INTIMIDATION similar tools; or
d. By using any fictitious name or
ELEMENTS: pretending the exercise of public
authority.
1. That the offender has intent to defraud 3. That once inside the building, the
another. offender took personal property
2. That the offender compels him to sign, belonging to another with intent to gain.
execute, or deliver any public instrument
or document. The offender must “ENTER” the house or
3. That the compulsion is by means of building in which the robbery is committed.
violence or intimidation. There must be evidence or the facts must show
that the accused entered the dwelling, house or
The document need not be PUBLIC. The building by any of the means enumerated.
Spanish test of this article says “ESCRITURA Thus, if the offender merely inserted his hand
PUBLICA O DOCUMENTO.” The adjective through an opening in the wall or used a pole
“PUBLIC” must therefore describe the word through the window to get the clothes inside the
“INSTRUMENT” only. Hence, delivered is a room, while the offender remained outside the
private or commercial paper. house or building, the crime committed is only
THEFT and not ROBBERY.
The article is not applicable if the document is
VOID. If the entering was done through the window,
even if the window is not broken, that would
II. ROBBERY BY THE USE OF FORCE UPON characterize the taking of personal property
THINGS inside as robbery, because the window is not an
opening intended for entrance.
The “force upon things” contemplated
under the law requires some element of trespass Ordinarily, the interpretation was that in order
into the establishment where the robbery was that there be a breaking of the door in
committed. The offender must have entered the contemplation of law, there must be somee
premises when the robbery was committed. If damage. If the door was not damaged but only
no entry was effected even through force may the lack attached to the door was broken, the
have been employed actually in the taking of the taking from within is only THEFT. But the
property from within the premises, the crime ruling is noww abandoned because the door is
will only be THEFT. considered useless without the lock.
ART. 299: ROBBERY IN AN INHABITED If the picklock of false key was used not to enter
HOUSE OR PUBLIC BUILDING OR EDIFICE the premises because the offender had already
DEVOTED TO WORSHIP: entered but was used to un-lock an interior
door or even a receptacle where the valuable or
TWO (2) PREDICATES THAT WILL GIVE RISE personal belonging was taken, the use of false
TO THE CRIME AS ROBBERY: keys or pick lock will not give rise to by robbery
with force upon things.
1. By mere entering alone, a robbery will be
committed if any personal property is UNDER THE SECOND PREDICATE, THE
taken from within. ELEMENTS ARE:
2. The entering will not give rise to robbery
even if something is taken inside. It’s 1. That the offender entered (a) an inhabited
the breaking of the receptacle or closet house, or (b) public buildings, or (c) edifice
or cabinet where the personal property is devoted to religious worship.
kept that will give rise to robbery.
2006 BAR OPERATIONS
2. That the entrance was effected by any of the

following means: Same manner as 299 except that was
a. Through an opening not intended for entered into was an uninhabited place or a
entrance or egress. building other than the 3 mentioned in 299.
b. By breaking any wall, roof, or floor or Exception: does not include use of fictitious
breaking any door or window. name or pretending the exercise of public
c. By using false keys, picklocks or authority
similar tools or. Breaking of padlock (but not door) is only
d. By using any fictitious name or theft
pretending the exercise of public
authority. ART. 303: ROBBERY OF CEREALS, FRUITS,
3. That once inside the building, the offender OR FIREWOOD IN AN UNINHABITED PLACE
took personal property belonging to another OR PRIVATE BUILDING:
with intent to gain.
When the robbery described in Articles 299 and
ART. 300: ROBBERY IN AN UNINHABITED 302 consists of taking of cereals, fruit, or
PLACE AND BY A BAND firewood. The penalty of the next lower degree
than what are prescribed in said articles shall
Penalty for Article 299 is imposed in its be imposed.
maximum period when:
1. Committed in an uninhabited place; and ART. 304: ILLEGAL POSSESSION OF
2. Committed by a band. PICKLOCKS OF SIMILAR
ART. 301: WHAT IS AN UNINHABITED ELEMENTS:

HOUSE, PUBLIC BUILDING OR BUILDING
DEDICATED TO RELIGIOUS WORSHIP AND 1. That the offender has in his possession
THEIR DEPENDENCIES pick/labels on similar tools.
2. That they are especially adopted
DEPENDENCIES, Defined: 3. That the offender does not have lawful
cause for such possession.
Are all interior courts, corrals, 4. It is not necessary that they actually
warehouses, granaries or inclosed places used to commit flattered.
contiguous to the building or edifice, having an
interior entrance connected therewith, and ART. 305: FALSE KEYS
which form part of the whole.
INCLUSIONS:
ART. 302: ROBBERY IN AN UNINHABITED 1) Tools not mentioned in the next preceding
PLACE OR IN A PRIVATE BUILDING article
2) Genuine keys stolen from the owner
ELEMENTS: 3) Any keys other than those intended by the
owner for use in the lock forcibly opened by the
1. That the offender entered an offender
uninhabited place or a building which
was not a dwelling house, not a public
building, or not an edifice devoted to CHAPTER II
religious worship.
2. That any of the following circumstances ART. 306: BRIGANDAGE
was present:
a. The entrance was effected There is brigandage when:
through an opening not intended
for entrance or egress; 1. There be at least four (4) armed person.
b. A wall, roof, floor, or outside door 2. They formed a band of robbers.
or window was broken; 3. The purpose is any or the following:
c. The entrance was effected a. To commit robbery in the
through the use of false keys, highway; or
picklocks or other similar tools; b. To kidnap persons for the
d. A door, wardrobe, chest, or any purpose of extortion or to obtain
sealed or closed furniture or ransom; or
receptacle was broken; or c. To attain by means of force and
e. A closed or sealed receptacle violence ay other purpose.
was removed, even if the same be KEY: 4 armed – robbers- commit K-R-F
broken open elsewhere.
3. That with intent to gain, the offender The existence of any of the purposes mentioned
took therefrom personal property is sufficient. It would not be necessary to show
belonging to another. in a prosecution under this article that a
KEY: UC forrb P member or members of the band actually
2006 BAR OPERATIONS
committed highway robbery, etc., in order to 1. That there be taking of personal

convict them, because the main object of law is property.
to prevent formation of band of robbers. 2. That said property belongs to another.
3. That the taking be done with intent to
ART. 307: AIDING AND ABETTING A BAND gain.
OF BRIGANDS 4. That the taking be done without the
consent of the owner.
ELEMENTS: 5. That the taking be accomplished without
1. That, there is a band of brigands. the use of violence against or
2. That the offender knows the band to be intimidation of persons or force upon
brigands. things. (U.S. vs. De Vera, 43 Phil. 1000;
3. That the offender does any of the People vs. Yusay, 50 Phil. 598)
following acts:
a. He is any manner aids, abets or BASIS OF PENALTY ARE THE FOLLOWING:
protects such band of brigands;
b. He gives information of the police 1. The value of the things stolen;
or other please qualification. 2. The value and also the nature of the
c. He acquires or receives often property taken; or
property taken by finish 3. The circumstances or causes that
brigands. impelled the culprit to commit the crime.
KEY: BB D air
Theft is consummated when the offender/s were
Under Presidential Decree 532 brigandage is able to take possession of the thing taken by
defined as seizure of any person for: (a) ransom; them. It is not an indispensable element of
(b) extortion or other unlawful purpose; (c) theft that the thief carries, more or less away,
taking away of property by violence or the thing token by him from its owner.
intimidation or force upon things or other
unlawful means The taking is considered complete only when
the offender is able to place the thing taken
Committed by any person on any Philippine under his control and in such a situation as he
highway. could dispose of it at once.
CHAPTER III On other cases, it was held that transportation

ART. 308: THEFT is complete from the moment the offender had
full possession of the thing, even if he did not
THEFT Defined: have an opportunity to dispose of the same.
Theft is committed by any person, who
intent to gain but without violence against or “Intent to gain” is presumed from the unlawful
intimidation of a persons nor force upon things, taking of personal property belonging to
shall take personal property of another without another.
the latters consent.
It is not necessary that there was real or actual
PERSONS LIABLE FOR THEFT: gain in the part of the offender or that he
removed the stolen animals in order to make
1. Those who, (a) with intent to gain, (b) use of or device some benefit from them. It is
but without violence against or enough that on taking them, he was then
intimidation of persons nor force upon actuated by the desire or intent to gain.
things, (c)take (d) personal property (e) of
another (f) without the latter’s consent. PRESUMPTION (DOCRTINE OF POSSESSION)
2. Those who, (a) having found lost when a person has in his possession, part of the
property, (b) fail to deliver the same to recently stolen property, he is pressured to be
the local authorities or to its owner. the thief of all, in the absence of satisfactory
3. Those who, (a) after having maliciously explanation of his possession.
damaged the property of another, (b)
remove or make use of the fruits or FINDER OF LOST PROPERTY, Things to be
objects of the damage caused by them. considered/ proved:
4. Those who (a) enter an inclosed estate or
a field where (b)trespass is forbidden or 1. The time of seizure of the thing;
which belongs to another and, without 2. That he accused having the opportunity
the consent of its owner, (c) hunt or fish to return or deliver the lost property to
upon the same or gather fruits, cereals its owner or to the local authorities,
or other forest or farm products. refrained from doing so.
ELEMENTS OF THEFT: Intent to gain is inferred, from the deliberate

failure to deliver the lost property to the

2006 BAR OPERATIONS
proper person, the finder knowing that the a. That the offender takes possession of
property does not belong to him. any real property or usurps any real
rights in property.
Paragraph No. 3 Art. 308: HUNTING, b. That the real property or real rights
FISHING, OR GATHERING FRUITS, etc., IN belong to another.
ENCLOSED ESTATE: c. That violence against or intimidation of
persons is used by the offender in
ELEMENTS: occupying real property or usurping real
rights in property.
1. That there is an enclosed estate or a field d. That there is intent to gain.
where trespass is forbidden or which
belongs to another; Criminal action for usurpation or real property
2. That he offender enters the same; is not a far for the filing of civil action for
3. That the offender hunts or fishes upon FORCIBLE ENTRY.
the same or gathers fruits, cereals or
other forest or farm products in the ART. 313: ALTERING BOUNDARIES OF
estate or field; and LANDMARKS
4. That the hunting or fishing or gathering
of products is without the consent of the ELEMENTS:
owner.
1. That there be boundary marks or
ART. 310: QUALIFIED THEFT monuments of towns provinces, or
states, or any other marks intended to
THEFT IS QUALIFIED IF: designate the boundaries of the same.
2. That eh offender alters said boundary
1. If the theft is committed by a domestic marks.
servant.
2. If the theft is committed with grave Mere alteration is punishable. Intent to gain is
abuse of confidence. not necessary.
3. If the property stolen is a (a) motor
vehicle, (b) mail matter, or (c) large CHAPTER V
cattle. CULPABLE INSOLVENCY
4. If the property stolen consists of
coconuts taken from the premises of a ART. 314: FRAUDULENT INSOVENCY
plantation.
5. If the property stolen is fish taken from a ELEMENTS:
fishpond or fishery.
6. If property is taken on the occasion of 1. That the offender is a debtor; that is, he
fire, earthquake, typhoon, volcanic has obligation due and payable.
eruption, or any other calamity vehicular 2. That he absconds with his property, real
accident or civil disturbance. or personal.
3. That there be prejudice to his creditors.
Grave Abuse refers high degree of
confidence. Fraudulent concealment of property is not
sufficient if the debtor has some other
properties with which to satisfy his
CHAPTER V obligation.
USURPATION
CHAPTER VI
ART. 312: OCCUPATION OF REAL PROPERTY SWINDLING AND OTHER DECEITS
OR USURPATION OF REAL RIGHTS IN
PROPERTY ART. 315: ESTAFA IN GENERAL
ACTS PUNISHABLE: ELEMENTS:
1. By taking possession of any real 1. That the accused defrauded another (a)
property belonging to another by means by abuse of confidence, or (b) by means
of violence against or intimidation of of deceit; and
persons. 2. That damage or prejudice capable of
2. By usurping any real rights in property pecuniary estimation is caused to the
to another by means of violence against offended party or third person.
or intimidation of persons.
Under this article it is necessary that the
ELEMENTS: damage or prejudice be capable of pecuniary
estimation, because the amount or damage or
prejudice is the basis of the penalty.

2006 BAR OPERATIONS
party under a lawful transaction, unlike in

THE FIRST ELEMENT COVERS THE THREE estafa in by means of deceit, demand is not
DIFFERENT WAYS OF COMMITTING ESTAFA necessary, because the offender obtains
UNDER ARTICLE 315, NAMELY: delivery of the thing wrongfully from the
beginning.
1. with unfaithfulness or abuse of
confidence; DEMAND is not required by law; but it is
2. by means of false pretenses or necessary because failure to account, upon
fraudulent acts; or demand, is circumstantial evidence of
3. through fraudulent means. misappropriation.
ART. 315: ESTAFA WITH UNFAITHFULNESS: It must be to the prejudice of the offended
party to the prejudice of another not
ELEMENTS: necessarily of the owner of the property.
1. That the offender has an onerous ELEMENTS OF ESTAFA BY TAKING UNDUE

obligation to deliver something of value. ADVANTAGE OF THE SIGNATURE IN BLANK:
2. That he alters his substances, quantity
or quality. 1. That the paper with the signature of the
3. That damage or prejudice is caused to offended party be in blank.
another. 2. That the offended party should have
delivered it to the offender.
ELEMENT OF ESTAFA WITH ABUSE OF 3. That above the signature of the offended
CONFIDENCE: party a document is written by the
offender without authority to do so.
1. That money, goods, or other personal 4. That the document so written creates a
property be received by the offender in liability of, or causes damage to, the
trust, or on commission, or for offended party or any third person.
administration, or under any other
obligation involving the duty to make ELEMENTS OF ESTAFA BY MEANS OF
delivery of, or to return, the same; DECEIT:
2. That there be misappropriation or
conversion of such money or property by a. That there must be a false pretense,
the offender, or denial on his part of fraudulent act or fraudulent means.
such receipt; b. That such false pretense, fraudulent act
3. That such misappropriation or or fraudulent means must be made or
conversion or denial is the prejudice of executed prior to or simultaneously with
another; and the commission of the fraud.
4. That there is a demand made by the c. That the offended party must have relied
offended party to the offender. on the false pretense, fraudulent act, or
fraudulent means, that is, he was
JUDICIAL POSSESSION refers to a possession induced to part with his money or
which gives the transfer a right over the thing property because of the false pretense,
which the transferee set up even against the fraudulent act, or fraudulent means.
owner. d. That as a result thereof, the offended
part suffered damage.
THREE (3) WAYS OF COMMITTING ESTAFA
WITH ABUSE OF CONFIDENCE: ESTAFA BY MEANS OF FRAUDULENT ACTS:
1. By misappropriating the thing received. The acts must be characterized by or founded

This refers to owning or taking on deceit, trick or cheat.
something for one’s own benefit.
ELEMENTS OF ESTAFA BY INDUCING
2. By converting the thing received. ANOTHER TO SIGN ANY DOCUMENT:
This refers to the act of using or
disposing of another’s property as if it 1. That the offender induced the offended
were one’s own or devoting the property party to sign a document;
to a purpose or use different from that 2. That deceit be employed to make him
agreed upon. sign the document;
3. That the offended party personally
3. By denying that the thing was received. signed the document.
4. That prejudice be caused.
This is the kind of estafa under Article 315,
where DEMAND may be required, because The offender must induce the offender
in estafa with abuse of confidence, the party to sign the document. If the
offender receives the thing from the offended offended party is WILLING and READY
2006 BAR OPERATIONS
from the beginning to sign the document with the intent that another might profit
and there is deceit as to the character or thereby.
contents of the document, because the
content are different from those which PARAGRAPH 4 – By executing any fictitious
the offended part told the accused to contract to the prejudice of another.
state in the document, the crime is
FALSIFICATION. The crime of estafa by executing a
fictitious contract to the prejudice of another
ART: 316: OTHER FORMS OF SWINDLING may be illustrated in the case of a person who
SIMULATES a conveyance of his property to
PARAGRAPH 1 another, for the purpose of defrauding his
ELEMENTS: creditors.
1. That the thing be immovable, such as a If the conveyance is real and made for a
parcel of land or a building. consideration and not simulated, to prejudice a
2. That he offender who is not the owner of creditor, the case would be FRAUDULENT
said property should represent that he is INSOLVENCY.
the owner thereof.
3. That the offender should have executed PARAGRAPH 5
an act of ownership (selling, leasing,
encumbering or mortgaging in the real The crime in this paragraph consists in
property) accepting any compensation given the accused
4. That the act be made to the prejudice of who did not render the service or perform the
the owner or a third person. labor for which payment was made.
The real property must be existing, if not, the But this kind of estafa requires fraud as an
offense is estafa by means of false pretense important element. If there is no fraud, it
under paragraph 2(a) of Article 315. becomes payment not owing, known as solution
indebiti under the Civil Code, with civil
PARAGRAPH 2 obligation to return the wrong payment.
ELEMENTS:
It will seem that what constitutes estafa under
1. That the thing disposed of be real this paragraph is the malicious failure to return
property. the compensation wrongfully received.
2. That the offender knew that the real
property was encumbered, whether the If the money in payment of a debt was delivered
encumbrance is recorded or not. to a wrong person, Art. 316, par.5, is not
3. That there must be express applicable, in case the person who received it
representation by the offender that the later refused or failed to return it to the owner of
real property is free from encumbrance. the money, Art. 315, subdivision 1 (b), is
4. That the act of disposing of the real applicable.
property be made to the damage of
another. PARAGRAPH 6 – By selling, mortgaging or
ENCUMBRANCE, Defined: Includes every right encumbering real properties with which the
or interest in the land which exist in favor of offender guaranteed the fulfillment of his
third person/s. obligation as surety.
The offender must know that the real property ELEMENTS:

is encumbered.
1. That the offender is a surety in a bond
PARAGRAPH 3 given in a criminal or civil action.
ELEMENTS: 2. That he guaranteed the fulfillment of
such obligation with his real property or
1. That the offender is the owner of properties.
personal property. 3. That he self, mortgages, or, in my other
2. That said personal property is in manner encumbers said real property.
the lawful possession of another. 4. That such sale, mortgage, or
3. That the offender wrongfully encumbrance is (a) without express
takes it from its lawful possessor. authority from the court, or (b)made
4. That prejudice is thereby caused before the cancellation of his bond, or
to the possessor or third person. (c)before being relieved from the obligation
contracted by him.
The offender must be the owner of the personal
property. If he is a third person and his ART. 317: SWINDLING A MINOR
purpose in taking it is to return it to the owner,
it is THEFT, since the abstracting was made ELEMENTS:

2006 BAR OPERATIONS
Article 2140 of the Civil Code makes it

1. That the offender takes advantage of the indispensable that the document be
inexperience or emotions or feeling of a REGISTERED. If the chattel mortgage is not
minor. registered, there is no violation of Article
2. That he induces such minor (1) to 139.
assume an obligation, or (2) to give
release, or (3) to execute a transfer of
any property right. CHAPTER VIII
3. That the consideration is (1) some loan ARSON AND OTHER CRIMES INVOLVING
of money, (2) credit or (3) other personal DESTRUCTION
property.
4. That the transaction is to the detriment PD 1613 expressly repealed or amended Arts
of such minor. 320-326, but PD 1744 revived Art 320)
KEY: ATM C
ELEMENTS OF ARSONS OF PROPERTY OF
ART. 318: OTHER DECEITS ARE: SMALL VALUES
1.That an uninhabited hut, storehouse, barn,
1. By defrauding or damaging another by shed or any other property is burned
any other deceit not mentioned in the 2.That the value of the property burned does
preceding articles. not exceed 25 pesos
2. By interpreting dreams, by making 3.That the burning was done at a time or under
forecasts, by telling fortune, or by taking circumstances which clearly exclude all
advantage of the credibility of the public danger of the fire spreading
in any other similar manner, for profit or
gain. ELEMENTS OF CRIME INVOLVING
DESTRUCTION
CHAPTER VII 1. That the offender causes destruction of the
CHATTEL MORTGAGE property
2. That the destruction was done by means of:
ART.319: KNOWINGLY REMOVING explosion
MORTGAGED PERSONAL PROPERTY discharge of electric current
Punishable Acts: inundation
1. By knowingly removing any personal sinking or stranding of a vessel
property mortgaged under the Chattel damaging the engine of the vessel
Mortgage Law to any proving or city taking up rails from the railway track
other than the one in which it was destroying telegraph wires and posts or
located at the time of execution of the those of any other system
mortgage, without the written consent of other similar effective means of
the mortgages or his executors, destruction
administrators or assigns.
SELLING OR PLEDGING PERSONAL ELEMENTS OF BURNING ONE’S PROPERTY
PROPERTY ALREADY PLEDGED AS A MEANS TO COMMIT ARSON
Punishable Acts: 1. That the offender set fire to or destroyed his
2. By selling or pledging personal property own property
already pledged, or any part thereof, 2. That the purpose of the offender in doing so
under the terms of the Chattel Mortgage was to commit arson or to cause a great
Law, without the consent of the destruction
mortgagee written on the back of the 3. That the property belonging to another was
mortgage and noted on the record burned or destroyed
thereof in the office of the register of
deeds of the province where such ELEMENTS OF ARSON
property is located.
1. That the property burned is the exclusive
It is essential that there be a valid and property of the offender
subsisting chattel mortgage. If the chattel 2. That (a) the purpose of the offender is
mortgage does not contain an affidavit of burning it is to defraud or cause damage to
good faith and is not registered, it is void another or (b) prejudice is actually caused,
and cannot be the basis of a criminal or (c) the thing burned is a building in an
prosecution under Art. 319. inhabited place
The offender can be any person who shall ATTEMPTED ARSON

knowingly remove the mortgaged personal When the offender is about to set fire to
property to another province or city without the rag full of gasoline besides the building and
the written consent of the mortgage. he was discovered by another who chases him
away.

2006 BAR OPERATIONS
CONSUMMATED ARSON ART. 329: OTHER MISCHIEF:

If the fire had burned part of the
building. It is not necessary that the wood The article refers to those not included in Article
should be ablaze, mere charring of the wood is 328
sufficient.
Examples: scattering human excrement and
Special Aggravating Circumstances: killing of cow as an act of revenge
1. if committed with intent to gain;
2. if committed for the benefit of another; ART. 330: DAMAGE AND OBSTIVATION TO
3. if offender is motivated by spite or hatred MEANS OF COMMUNICATION
towards owner or occupant of the burned
property; or It is committed by damaging any railway,
4. if committed by a syndicate. telegraph or telephone lines.
CHAPTER IX If the damage shall result in any derailment of

MALICIOUS MISCHIEF cars, collision and other accidents, a higher
penalty shall be imposed.
ART. 326: MALICIOUS MISCHIEF
ART. 331: DESTROYING OR DAMAGING
ELEMENTS: STATUES, PUBLIC MONUMENTS OR
PAINTINGS
1. That the offender deliberately caused
damage to the property of another. CHAPTER X
2. That such act does not constitute arson
or other crimes involving destruction. ART. 332: EXEMPTION FROM CRIMINAL
3. That act of damaging another’s property LIABILITY IN CRIMES AGAINST PROPERTY
be committed merely for the sake of
damaging it. PERSONS EXEMPT:
KEY: DND
1. Spouses, ascendants and descendants,
Malicious mischief – willful damaging of or relatives by affinity in the same line;
another’s property for the sake of causing 2. The windowed spouse with respect to the
damage due to hate, revenge or other evil property which belonged to the deceased
motive spouse before the same shall passed into
the possession or another; and
It cannot be committed through 3. Brothers and sisters and brothers-in-law
NEGLIGENCE. The offender should act and sisters-in-law, if living together.
under the impulse of a specific desire to
inflict injury to another. The exemption established shall not be
applicable to strangers participating into the
If there is no malice in causing the damage, commission of the crime.
the obligation to repair or pay for damages is
only civil. CRIMES INVOLVED:
But after damaging the thing, the offender 1. Theft

used it is already theft. 2. Swindling (Estafa)
3. Malicious Mischief
The damage refered to by tha article should
not be an incident of a crime (breaking No criminal; but only CIVIL LIABILITY shall
windows in robbery) result from the commission of any said crimes,
ART. 328: SPECIAL CAUSES OF MALICIOUS committed or caused mutually by those
MISCHIEF or QUALIFIED MALICIOUS persons.
MISCHIEF:
Stepfather, adopted father, natural children,
1. Causing damage to obstruct the concubine and paramour are INCLUDED.
performance of public functions.
2. Using any poisonous or corrosive An adopted or natural child is included in the
substance. form “relatives”.
3. Spreading any infection or contagion
among cattle. TO BE EXEMPT FROM CRIMINAL LIABILITY,
4. Causing damage to the property of the THE WIDOWED SPOUSE WHO COMMITS
National Museum, National Library, or to THEFT, ESTAFA OR MALICIOUS MISCHIEF, IT
any achieve or registry, waterworks, IS REQUIRED THAT:
road, promenade, or any other thing and
in common by the public. 1. The property belongs to the deceased
spouse; and

2006 BAR OPERATIONS
2. It has not passed into the possession of honest persons and gives occasions to the
a third person. neighbor’s spiritual damage and ruin
CRIMES AGAINST CHASTITY With respect to concubinage the same principle

applies: only the offended spouse can bring the
ART. 333: ADULTERY prosecution. This is a crime committed by the
married man, the husband. Similarly, it
Adultery defined: Committed by any married includes the woman who had a relationship
woman who shall have sexual intercourse with with the married man.
a man not her husband and by the man who
has carnal knowledge of her, knowing her to be Under the article , the woman must know him
married, even if the marriage be subsequently to be married.
declared void.
ADULTERY CONCUBINAGE
ELEMENTS: - A single act of sexual Prove the ffg:
intercourse by a married - husband keeping the mistress
1. The woman is married; woman is enough. in the conjugal dwelling, or
2. She has sexual intercourse with a man - by having sexual intercourse,
not her husband; under scandalous
3. As regards the man with whom she has circumstances with a woman
sexual intercourse, he must know her to who is not his wife;
be married. - by cohabiting with her in any
other place.
Adultery is a crime not only of the married -
woman but also of the man who had intercourse
with a married woman knowing her to be -Complaint from the offended - complaint from the offended
married. Even if the man proves later on that spouse is necessary. spouse is necessary.
he does not know the woman to be married, at - each act of sexual
the beginning, he must still be included in the intercourse is a single count
complaint or information. This is so because of adultery.
whether he knows the woman to be married or
not is a matter of defense and its up to him to ART. 336: ACTS OF LASCIVIOUSNESS
ventilate that in formal investigations or a
formal trial. ELEMENTS:
There is no frustrated adultery because of the 1.That the offender commits any act of
nature of the offense. lasciviousness or lewdness.
2.That it is done under any of the following
Adultery is an instantaneous crime which is circumstances:
consummated and completed at the moment of a. by using force or intimidation, or
the carnal union. Each sexual intercourse b.when the offended party is deprived
constitutes a crime of adultery. Adultery is not of reason or otherwise unconscious,
a continuing crime unlike concubinage. or
c.when the offended party is under
ART. 334: CONCUBINAGE 12 years of age.
3.That the offended party is another person of
CONCUBINAGE Defined: either sex.
Any husband who shall keep a mistress in
the conjugal dwelling, or shall have sexual ART. 337: QUALIFIED SEDUCTION OF A
intercourse under scandalous circumstances, VIRGIN
with a woman who is not his wife, or shall
cohabit with her in any other place.
ELEMENTS: Two classes of qualified seduction:
1. That the man must be married.
2. That he committed any of the following acts: 1. Seduction of a virgin over 12 and under 18
a. Keeping a mistress in the conjugal years of age by certain persons, such as a
dwelling. person in authority, priest, teachers etc
b. Having sexual intercourse under and
scandalous circumstances with a 2. Seduction of a sister by her brother or
woman who is not his wife. descendant by her ascendant, regardless
c. Cohabiting with her in any other of her age or reputation (incestuous
place. seduction)
Scandal consists in any reprehensible Elements:

word/deed that offends public conscience,
redounds to the detriment of the feelings of

2006 BAR OPERATIONS
1. offended party is a virgin, which is longer be a virgin or a

presumed if she is unmarried and of widow and deceit
good reputation; employed is the very
2. that she must be over 12 and under 18 factor that persuaded
years of age; the woman to yield.
3. that the offender had sexual
intercourse with her, and
4. that there is abuse of authority, RAPE SEDUCTION
confidence, or relationship on the part of - the age is less than -the girl maybe more
the offender. 12 (statutory), or if 12 than 12 but less than
KEY: VASA but less than 18, there 18 and the crime is by
is force and means of cajolery.
Persons liable: intimidation, or the
girl may or may not be - In qualified
a.Those who abuse their authority: a virgin. seduction: the girl
persons in public authority must be a virgin.
guardian Virginity- is not
teacher physical but moral,
person who, in any capacity, is i.e., that the woman
entrusted with the education or does not have sexual
custody of the woman seduced experience.
b.Those who abused the confidence reposed
in them: ART. 339: ACTS OF LASCIVIOUSNESS WITH
priest THE CONSENT OF THE OFFENDED PARTY
house servant
domestic ELEMENTS:
c.Those who abused their relationship:
brother who seduced his sister 1. that the offender commits acts of
ascendant who seduced his descendant lasciviousness or lewdness.
2. that the acts are committed upon a woman
ART. 338: SIMPLE SEDUCTION who is virgin or single or widow of good
reputation, under 18 years of age but over
ELEMENTS: 12 years, or a sister or descendant
regardless of her reputation or age.
1.That the offender commits acts of 3. that the offender accomplishes the acts by
lasciviousness or lewdness. abuse of authority, confidence, relationship,
2.That the acts are committed upon a woman or deceit.
who is virgin or single or widow of good KEY: VAL
reputation, under 18 years of age but over 12
years, or a sister or descendant regardless of ART. 340: CORRUPTION OF MINORS
her reputation or age.
3.That the offender accomplishes the acts by Act punishable:
abuse of authority, confidence, relationship, or By promoting or facilitating the prostitution or
deceit. corruption of persons underage to satisfy the
lust of another
QUALIFIED SIMPLE SEDUCTION
SEDUCTION Committed where a minor is used to satisfy the
- the woman is virgin - the woman is single, lust of another and not the corruptor’s own lust.
(morally) widow of good
reputation. ART. 341: WHITE SLAVE TRADE
- offender is any - offender may be any
person in public person. Acts penalized:
authority, priest, 1. Engaging in the business of prostitution
house servant, 2. Profiting by prostitution
domestic, guardian, 3. Enlisting the servicxe of women for the
teacher or any person purpose of prostitution
entrusted with the
education of custody In relation to RA 7160-Child Abuse Law the
of the woman seduced. following are punishable;
- when the offender is - the victim is always
the brother or an over 12 but under 18. 1. Promote, facilitate or induce child
ascendant, the victim prostitution which include, but are not limited
may be over 18, the to the following:
age and reputation of
the girl is not material. a. acting as procurer of a child prostitute;
- a woman may no
2006 BAR OPERATIONS
b. Inducing a person to be a client of a disturbance to the done to the woman.

child prostitute by means of written or parents and the family
oral advertisements or other similar of the victim and the
means; infringement of their
c. Taking advantage of influence or rights.
relationship to procure a child as
prostitute; ART. 343: CONSENTED ABDUCTION
d. Threatening or using violence towards a
child to engage him as a prostitute; ELEMENTS:
e. Giving monetary consideration, goods or
other pecuniary benefit to a child with 1. That the offended party must be a virgin.
the intent to engage such child in 2. That she must be over 12 and under 18 years
prostitution. of age.
3. That the taking away of the offended party
2. Those commit act of sexual intercourse or must be with her consent, after solicitation
lascivious conduct with a child exploited in or cajolery from the offender.
prostitution; 4. That the taking away of the offended party
must be with lewd designs.
3. Those who derive profit or advantage
therefrom; ART. 344: PROSECUTION OF ADULTERY,
CONCUBINAGE, SEDUCTION, ABDUCTION
4. Attempt to commit child prostitution. RAPE AND ACTS OF LASCIVIOUSNESS
ART. 342: FORCIBLE ABDUCTION Adultery and concubinage must be prosecuted

upon complaint signed by the offended spouse
Abduction of any woman against her will with
lewd designs. Seduction, abduction, rape or acts of
lasciviousness must be prosecuted upon
ELEMENTS: complaint signed by:
offended party
1. that the person abducted is any woman, by her parents
regardless of her age, civil status or grandparents
reputation; guardians in the order in which they are
2. that the abduction is against her will; named above
and
3. that the abduction is with lewd design. Marriage of the offender with the offended party
KEY: Wa-LD extinguishes the criminal action or remit the
penalty already imposed upon him. This applies
Lewd design- obscene, lustful, lascivious, as well to the accomplices, accessories-after-
lecherous. It signifies that form of immorality the-fact. But marriages must be in good faith.
which has relation to moral impurity, one This rule does not apply in case of multiple rape
carried in a wanton manner.
ART. 345: CIVIL LIABILITY OF PERSONS
Where the girl is under 12, the crime is always GUILTY OF RAPE, SEDUCTION OR
forcible abduction with or without the consent ABDUCTION
of the child. The law presumes that the
abduction is against her will. Sexual intercourse 1. To idemnify the offended women
is not necessary, it is enough that that the 2. To acknowledge the offspring, unless the law
woman is taken against her will with lewd should prevent him from doing so
designs. 3. In every case to support the offspring
Only when the rape is consummated can the ART. 346: LIABILITY OF ASCENDANTS,
complex crime of forcible abduction with rape OTHER PERSONS ENTRUSTED WITH
be committed or if the taking of the woman CUSTODY OF OFFENDED PARTY WHO BY
amounts to forcible abduction and thereafter ABUSE OF AUTHORITY OR CONFIDENCE
she was abused. SHALL COOPERATE AS ACCOMPLIES:
Crimes against chastity where age and TITLE TWELVE

reputation of victim are immaterial: rape, CRIMES AGAINST THE CIVIL STATUS OF
acts of lasciviousness, qualified seduction of PERSONS
sister/descendant, forcible abduction
ART. 347: SIMULATION OF BIRTHS,
CONSENTED SEDUCTION SUBSTITUTION OF ONE CHILD FOR
ABDUCTION ANOTHER, AND CONCEALMENT OR
- the gravamen of the - the gravamen of the ABANDONMENT OF A LEGITIMATE CHILD
crime is the alarm and offense is the wrong
2006 BAR OPERATIONS
Acts Punished:
ART. 349: BIGAMY
1. Simulation of births
2. Substitution of one child for another ELEMENTS:
3. Concealing or abandoning any legitimate
child with intent to cause such child to 1. that the offender has been legally
lose its civil status. married
2. that the marriage has not been dissolved
Object of the crime under Art. 347 is the or, in case of his or her spouse is absent,
creation of false or causing of the loss of civil the absent spouse could not yet
states. presumed dead according to the civil
code.
Simulation of Birth 3. that he contracts a second marriage or
subsequent marriage.
Takes place when the women pretends to be 4. that the second or subsequent marriage
pregnant when in fact she is not and on the has all the essential requisites for
day of the supposed delivery takes the child of validity.
another as her own. KEY: MNSV
The simulation which is a crime is that which The nullity of first marriage is not a defense in
alters the civil status of a person. bigamy.
Fact that the child will be benefited by the The Supreme Court held that there is need of a
simulation of its birth is not a defense. judicial declaration of the fact that the marriage
of a person is void before that person can marry
Concealing or abandoning any legitimate again; otherwise the second marriage be void.
child
Requisites: The second marriage must have all the essential
1. The child must be legitimate requisites for validity
2. The offender conceals or abandons such
child, and Validity of second marriage is a prejudicial
3. The offender has the intent to cause question to liability for bigamy.
such child to lose its civil status.
Bigamy not a private offense: the crime of
Abandonment of a child should be understood bigamy does not fall within the category of
under Art. 347 as leaving the child a public private crimes that can be prosecuted only at
place where other people may find it, and the instance of the offended party. The offense is
causing the child lose it civil status.Concealing committed not only against the first and second
a legitimate child before the purpose of causing wife but also against the state.
it to lose its civil status.
A person convicted of bigamy may still be
Liability of Physician or Surgeon prosecuted for concubinage.
A physician or surgeon or public officer, who
cooperates in the executive of any of these Under the article the second spouse who knows
crimes, is also liable if he acts in violation of the of the first marriage is an accomplice, as well as
duties of his profession. the person who vouched for the capacity of
either of the contracting parties.
ART. 348 USURPATION OF CIVIL STATUS
Good faith is can be used as a defense in
Usurping the civil status of another is Bigamy.
committed by assuming the filiations or the
parental or conjugal rights of another. ART. 350: MARRIAGE CONTRACTED
AGAINST PROVISION OF LAWS
ELEMENTS:
1. that the offender contracted marriage
Civil Status – Includes one’s public status or 2. that he knew at the time that
the rights, duties, capabilities and incapabilities a) the requirements of the law were
which determine a person to a given class, i.e not complied with or
usurpation of a profession. the marriage was in disregard of a
legal impediment
There must be intent to enjoy the right arising 3. the marriage does not constitute bigamy.
from the civil status of another.
Qualifying Circumstance: If either of the
The purpose of defrauding the offended party or contracting parties obtains the consent of the
his heirs qualifies the crime. other by means violence, intimidation or fraud.

2006 BAR OPERATIONS
When a person in an article imputes upon

ART. 351: PREMATURE MARRIAGES the person mentioned therein, lascivious
and immoral habits, that article is of a
Persons liable for Premature Marriage libelous nature as it tends to discredit the
persons libeled in the minds of those
1. A widow who married within 301 days reading the article.
from the date of the death of her
husband, or before having delivered if Publication is the communication of the
she is pregnant at the time of his death. defamatory matter to some third person or
persons.
2. a woman who, her marriage having been
annulled or dissolved, married before Writing a letter to another person other than
delivery or before expiration of the period the person defamed is sufficient to
of 301 days after the date of legal constitute publication, for the person to
separation. whom the letter is addressed is a third
person in relation to its writer and the
The period may be disregarded if the first person defamed therein.
husband was impotent or sterile.
THERE IS NO CRIME IF THE IMPUTATION
The period of 301 days provided by the article is IS NOT PUBLISHED. But the publication
important only for cases where the woman is need not refer by name to the offended
not pregnant of without knowledge of such party. It is sufficient if it is shown that the
pregnancy. If the woman is pregnant, offended party is the person meant or
prohibition is good only up to time of delivery. alluded to therein.
ART. 352: PERFORMANCE OF ILLEGAL The defamatory remarks directed at a group

MARRIGE CEREMONY of persons is not actionable unless the
statements are all-embracing or sufficiently
Act punished: performance of any illegal specific for the victim to be identifiable.
marriage ceremony by a priest or minister of
any religious denomination or sect or by civil Publication and Identification
authorities There is publication if the material is
communicated to a third person. It is not
Offender must be authorized to solemnize required that the person defamed has read or
marriages otherwise he is liable under Article heard about the libelous remark. What is
177 for usurpation of authority. important is that a third person has read or
heard of the libelous statement, for a mans
reputation is the estimate in which others hold
CRIMES AGAINST HONOR him, not the good opinion which he has in
himself.
ART. 353: LIBEL DEFAMATION As regards identification, it must be shown
that at least a third person or a stranger was
LIBEL Defined- Is a public and malicious able to identify him as the object of the
imputation of a crime, or of a vice or defect real defamatory statement.
or imaginary, or any act, omission, condition,
status or circumstance tending to cause the TEST TO DETERMINE WHETHER WORDS
dishonor, discredit or contempt of a natural or USED ARE LIBELOUS
juridical person, or to blacken the memory of If they tend to induce hearers to suppose
one who is dead. and understand that persons against whom
they were uttered was guilty of certain offenses,
ELEMENTS: or are sufficient to impeach his honesty, virtue
1. That there must be an imputation of a or reputation, or to hold him up to public
crime, or of a vice or defect, real or ridicule.
imaginary, or any act, omission,
condition, status or circumstance. Doctrine of Fair Comment means that while in
2. That the imputation must be made general every discernible imputation publicly
publicly. made is deemed false, because every man is
3. That it must be malicious. presumed innocent until his guilt is judicially
4. That the imputation must be directed at proved, and every false imputation is directed
a natural or juridical person, or one who against a public person in his public capacity, it
is dead. is not necessarily actionable.
5. That the imputation must tend to cause
dishonor, discredit or contempt of the ART. 354: REQUIREMENT OF PUBLICITY
person defamed.
KEY: IMP PC Two kinds of privileged communication

2006 BAR OPERATIONS
1. Absolutely privileged – not actionable even if Hence, the complainant here does not have to
the actor has acted in bad faith prove the existence because it is presumed by
2. Qualifiedly privileged – those which although law.
containing defamatory imputations could not be
actionable unless made with malice or bad faith Malice in fact
It is malice which the complainant has to
General Rule: Every defamatory imputation is prove to exist. The offender must prove the
presumed malicious even if it be true, if no good existence of malice in order to hold the offender
intention and justifiable motive for making it is criminally and civilly liable.
shown
Art. 355 LIBEL BY MEANS OF WRITING OR
Exceptions: SIMILAR MEANS
1. A private communication made by any Enumerates the means by which libel may be
person to another in the performance of any committed: writing, printing, lithography,
legal, moral or security duty; engraving, radio phonograph, painting,
theatrical or cinematographic exhibitions or any
Requisites: similar means
a. that the person who made the
communication had a legal, moral or Art. 356: THREATENING TO PUBLISH LIBEL
social duty to make the AND OFFER TO PREVENT SUCH
communication or at least he had an PUBLICATION FOR A COMPENSATION
interest to be upheld
b. that the communication is addressed ACTS PUNISHED:
to an officer or a board, or superior,
having some interest or duty on the 1. By threatening another to publish a libel
matter concerning him, or his parents, spouse,
c. that the statements in the child, or other members of his family; or
communication are made in good
faith without malice in fact 2. By offering to prevent the publication of
2. A fair and true report, made in good faith, such libel for compensation or money
without any comments or remarks, of any consideration.
judicial, legislative or any other official
proceedings which are not of confidential Blackmail- is defined as any unlawful extortion
nature, or of any statement, report of speech of money by threats of accusation or exposure.
delivered in said proceedings, or of any other It is possible in light threats under Article 283,
act performed by public officers in the and threatening to publish, or offering to
exercise of their function. prevent the publication of libel for
compensation, under Article 356.
Requisites:
a. that the publication of a report of The article does not only contemplates not just
an official proceeding is a fair and a case of blackmail but to any unlawful
true report of a judicial, legislative, extortion of money by threats of accusation and
or other official proceedings which exposure
are not of confidential nature, or of a
statement, report, or speech Art. 357: PROHIBITED PUBLICATION OF
delivered in said proceedings, or of ACTS REFERRED TO IN THE COURSE OF
any other act performed by a public OFFICIAL PROCEEDINGS
officer
b. that it is made in good faith ELEMENTS:
c. that it is made without any
comments or remarks 1. offender is a reporter, editor or manager
of a newspaper, daily or magazine;
Rule of Actual Malice 2. he publishes facts connected with
This rule states that even if the defamatory private life of another; and
statement is false, no liability can attach if it 3. such facts are offensive to the honor,
relates to official conduct, unless the public virtue and reputation of said person.
official concerned proves that the statement was
made with actual malice, that is, with This provision constitutes the so-called Gag
knowledge that it was false or with reckless Law.
disregard of whether it was false or not.
Even though made in connection with or under
Malice in law the pretext that it is necessary in the narration
It is malice which the law presumes to be of any judicial or administrative proceedings
present where the offender cannot establish wherein such facts have been mentioned.
justifiable reasons or good motives therefore.
2006 BAR OPERATIONS
ART. 358: ORAL DEFAMATION/SLANDER participate in or have connection with its

publication
KINDS:
1. Simple slander- light insult or Venue of criminal and civil action for
defamation , not serious in nature damages in cases of written defamation:
2. Grave Slande- action of a serious and
insulting nature a. where the libelous article is printed and
first published OR
Factors that determine gravity of the b. where any of the offended parties actually
offense: resides at the time of the commission of
the offense
a. expressions used
b. personal relations of the accused and the Where one of the offended parties is a public
offended party officer:
c. circumstances surrounding the case a. if his office is in the City of Manila
- RTC of Manila OR
ART. 359: SLANDER BY DEED: -city/province where the article is printed
and first published
ELEMENTS: b. otherwise
- RTC of the city/province where he held
1. offender performs any act not included office at the time of offense OR
in any other crime against; - where the article is first published
2. such act is performed in the presence of
other person or person or persons; and Where one of the offended parties is a
3. such act casts dishonor, discredit or private individual:
contempt upon the offended party. a. RTC of province/city where he actually
KEY:PPD resides at the time of the crime
b. where article was printed or first
The commission of this crime depends upon the published
social standing of the offended party, the
circumstances under which the act was The offended party must file complaint for
committed, the occasion and others. defamation imputing a crime which cannot be
prosecuted de oficio (e.g. adultery, concubinage,
Distinctions: rape, seduction, abduction, and acts of
lasciviousness)
a. Unjust Vexation-irritation or
annoyance/anything that annoys or
irritates without justification. ART. 361: PROOF OF THE TRUTH
b. Slander by Deed-irritation or annoyance
with attending publicity and dishonor or Admissible when:
contempt. a. the act or omission imputed
c. Acts of lasciviousness-irritation or constitutes a crime regardless of whether
annoyance plus any of 3 circumstance the offended party is a private individual
provided in Art335 of RPC on rape or a public officer
1. use of force or intimidation b. the offended party is a government
2. deprivation of reason or rendering the employee, even if the act or omission
offended unconscious imputed does not constitute a crime
3. offended party under 12 yrs of age provided it is related to the discharge of
with lewd designs his official duties
ART. 360: PERSONS RESPONSIBLE FOR Requisites for Acquittal:

LIBEL a. it appears that the matter charged as
libelous is TRUE (for situations 1 and 2
Who are liable: above)
b. it was published with good motives
a. person who publishes, exhibits or causes and for a justifiable end (for situation 1
the publication or exhibition of any only)
defamation in writing or similar
means(par.1) The proof of the truth of the accusation cannot
b.author or editor of a book or pamphlet be made to rest upon mere hearsay, rumors, or
c. editor or business manager of a daily suspicion. It must rest upon positive direct
newspaper magazine or serial evidence, upon which a definite finding may be
publication(par.2) made by the court
d. owner of the printing plant which
publishes a libelous article with his consent ART. 362: LIBELOUS REMARKS
and all other persons who in any way
2006 BAR OPERATIONS
Libelous remarks or comments on privileged Under the law a peace officer is exempt if acts
matters (under Art. 354) if made with malice in done under lawful order of the court. You can
fact will not exempt the author and editor. only use the recording for the case for which it
was validly requested.
This article is a limitation to the defense of
privileged communication. Information obtained in violation of the Act is
inadmissible in evidence in any hearing or
ART. 363 INCRIMINATING INNOCENT investigation.
PERSON
In Gaanan v IAC the court held that an
ELEMENTS: extension phone is not one of those prohibited
under RA 4200. There must be either a physical
1. offender performs an act; interruption through the wiretap or the
deliberate installation of a device or
2. that by such act he directly incriminates arrangement in order to overhear, intercept or
or imputes to an innocent person the record the spoken words. The extension phone
commission of a crime; and was not installed for such purpose.
3. such act does not constitute perjury.
KEY: PIN QUASI-OFFENSES
The article is limited to planting evidence and ART. 365: RECKLESS IMPRUDENCE
the likes.
ELEMENTS:
ART. 364: INTRIGUING AGAINST HONOR
1. offender does or fails to do an act;
ELEMENTS: 2. the doing of or failure to do the act is
voluntary;
1. committed by any person; 3. that it be without malice;
2. such person makes any intrigue; and 4. that material damage results; and
3. purpose is to blemish honor or 5. there is inexcusable lack of precaution
reputation of another person. on the part of the offender, taking into
KEY: PIB consideration:
a. his employment or occupation;
Intriguing against honor refers to any scheme or b. degree of intelligence, physical
plot designed to blemish the reputation of condition, and
another or of such trickery or secret plot. c. other circumstances regarding
persons, time and place.
It is committed by saying to others an
unattributable thing, if said to the person SIMPLE IMPRUDENCE
himself it is slander.
ELEMENTS:
RA4200 The Anti-WireTapping Act 1. lack of precaution on the part of the

offender; and
Acts punished: 2. the damage impending to be cause used
is not immediate or danger is not clearly
1) any person, not authorized by all the parties manifest.
to any private communication or spoken word
a) taps any wire of cable OR
b) uses any other device or arrangement,
to secretly overhear, intercept, or record Imprudence Negligence
such communication or spoken word by 1. deficiency of action 1. deficiency of
using a device commonly known as a perception
dictaphone or dictagraph or walkie talkie 2. failure of precaution 2. failure in
or tape recorder advertense
2) any person, whether or not a participant in
the above-mentioned acts:
a) knowingly possesses any tape record, Reckless Imprudence Simple Imprudence
wire record, disc record, or any other It is the inexcusable It consists of the lack
such record or copies thereof of any lack of precaution of a of precaution
communication or spoken word person taking into displayed in those
b) replays the same for any other person consideration his cases in which the
c)communicates the contents thereof, employment or damage impending to
whether complete or partial, to any other occupation, degree of be caused is not
person intelligence, physical immediate or the
condition and other danger clearly
2006 BAR OPERATIONS
circumstances manifests
regarding time, person
and place
Such inexcusable
negligence results in
material damage to
another.
Since this is the mode of incurring criminal

liability, if there is only one carelessness, even if
there are several results, the accused may only
be prosecuted under one count for criminal
negligence. So there would only be single
information to be filed, even if the negligence
may bring about resulting injuries which are
slight.
Punishable Quasi-offenses:
1. Committing through reckless

imprudence any act which, had it been
intentional, would constitute a grave or
less grave felony or light felony.
2. Committing through simple imprudence
or negligence an act which would
otherwise constitute a grave or less
serious felony.
3. Causing damage to the property of
another through reckless imprudence or
negligence;
4. Causing through simple imprudence or
negligence some wrong which if done
maliciously, would have constituted a
light felony.

2006 BAR OPERATIONS


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A D A M S O N C O L L E G E O F L AW

CRIMINAL LAW NOTES (BOOK TWO)

with a foreign enemy, otherwise the offender

It is a violation by the subject of his As a general rule, to be treasonous, the

Treason is punished by the State as a Treason by Filipino citizen may be

2006 BAR OPERATIONS 1

ART.115: CONSPIRACY AND PROPOSAL TO

TWO MODES OF COMMITTING ESPIONAGE: ART. 118: INCITING TO WAR OR GIVING

liable to involve the Philippines or c. containing notice or

Applicable penalties: CORRESPONDENCE Defined: It is the

Reprisals is not limited to military action, it QUALIFYING CIRCUMSTANCES: the following

PENALTY: Prision Correccional An alien resident may be guilty of flight to

of its complement of passengers, the 1. seizure of the vessel by boarding or

2006 BAR OPERATIONS 4

2. That he detains a person complaint with the judicial authority (courts,

ART. 125 DELAY IN THE DELIVERY OF 1. If the offender is a private individual,

2. that he: AGGRAVATING CIRCUMSTANCES:(medium

1. that the offender is a public officer or ELEMENTS:

2006 BAR OPERATIONS 6

b. to deprive the Chief Executive or Accompanied by: violence,

2006 BAR OPERATIONS 8

deemed a leader of such rebellion, insurrection KEY: NID spewbo

1. They tend to disturb or obstruct

Actual disturbance or disorder is NOT 1.That there be a projected meeting or actual

2006 BAR OPERATIONS 10

b. He behaves while in the presence

ART.145: VIOLATION OF PARLIAMENTARY It is necessary that the audience is actually

Two forms of illegal Assembly: ELEMENTS OF THE 1ST FORM OF DIRECT

(d) makes a serious resistance. commission or committee chairman or

Additional penalty for attacking an ambassador ELEMENTS:

2006 BAR OPERATIONS 12

2006 BAR OPERATIONS 13

CHARIVARI – includes a medley of discordant DISORDERS, CONFLAGRATION,

ELEMENTS: OTHER CASES OF EVASION OF SENTENCE

1. That the offender is a convict by final ART. 159: VIOLATION OF CONDITIONAL

ART. 158: EVASION OF SERVICE OF Offender can be arrested and reincarcerated

ART. 161: COUNTERFEITING THE GREAT

VII. COMMISSION OF ANOTHER CRIME 1. Forging the Great Seal of the

ELEMENTS: When the signature of the President is forged, it

Notes and other Obligations and Securities

ELEMENTS: ART. 168: ILLEGAL POSSESSION AND USE

2006 BAR OPERATIONS 16

The accused must exert effort to make it appear

DOCUMENT refers to any written statement by ART. 171: FALSIFICATION BY PUBLIC

Classification of Documents: Elements:

PUNISHABLE ACTS: 1. Uttering fictitious wireless, telegraph or

FALSIFICATION as means to commit ESTAFA “Use of said falsified messages”

When committed on a document through any of ELEMENTS:

If a private document is falsified to conceal the Private individuals cannot be a principal by

ART. 176: MANUFACTURING AND

3. Private individual who falsified a 2. By performing an act pertaining to

c. To cause damage to public interest. 1. False testimony by negative statement is in

In illegal use of uniform and insignia, the exact ELEMENTS:

Two ways of committing perjury:

1. by falsely testifying under oath III. FRAUDS

producer 3. By using or substituting the service mark

ELEMENTS: 1. That the offender gives his goods the

6. possession or use physical/physiological condition does not

Persons liable: II. For the purpose of enforcing the

Rules: He has not been previously convicted of

2. conspiracy to sell, deliver, import – -found guilty of possession or use of

If prosecution can prove the crime without TITLE SIX

2006 BAR OPERATIONS 25

8. basketball, boxing, consisting of money, articles or value or