Criminal Law 2 Reviewer

Art Crime Elements/Acts Persons Penalty Notes
TITLE I: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
Treason - breach of allegiance, must be intentional
Enemies must be subject to a foreign power

Filipino Citizen - Ways of Proving treason:
Elements:
reclusion perpetua to 1. Testimony of 2 witnesses to the same overt
1. Offender is a Filipino citizen or an alien residing in the Filipino citizen
death, 4M fine act (not necessary in adherence, only in aid
Philippines or an alien
114 Treason and comfort)
2. There is a war where Philippines is involved residing in the 2. Confession of the accused in open court
Alien - reclusion
3. Offender either levies war against the govt or adheres to the Philippines
temporal to death, 4M
enemies, giving them aid or comfort Note: Adherence alone does not constitute treason.
fine
There must be an overt act
Treason absorbs other common crimes committed in

furtherance of its goals
Conspiracy - committed when in time of war, 2 or more persons

come to an agreement to levy war against the govt or adhere to the Conspiracy - prisión
Filipino citizen
Conspiracy and enemies and to give them aid or comfort, and decide to commit it. mayor, 2M fine
or an alien
115 Proposal to
residing in the
Commit Treason Proposal - committed when in time of war, a person who has decided Proposal - prisión
Philippines
to levy war against the govt or to adhere to the enemies and to give correccional, 1M fine
them aid or comfort proposes its execution to other people.
Elements:
1. Offender must be owing allegiance to the govt and not a Offender must
Who are the authorities to whom this knowledge
foreigner be owing
Misprision of should be disclosed?
116 2. Has knowledge of any conspiracy against the govt allegiance to Prision mayor
Treason 1. Province - governor and fiscal
3. conceals or does not disclose and make known the same as the govt and not
2. City - mayor and fiscal
soon as possible to the governor or fiscal of the province or a foreigner
mayor or fiscal of the city in which he resides
2 Ways of Committing Espionage: Par 1. - any Prision correcional Espionage - offense of gathering, transmitting, or
1. By entering w/o authority therefor, a warship, for, or naval, or person losing info respecting the national defense with
117 Espionage
military establishment or reservation to obtain any Public officer - Prision intent or reason to believe that the info is to be
information, plans, photographs, or other data of a Par 2 - public mayor used to the injury of the Philippines or to the
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confidential nature relative to the defense of the Philippines. officer advantage of any foreign nation
Elements: Intention to obtain info is NECESSARY in

a. Offender enters any of the places mentioned Paragraph 1
b. He has no authority
c. His purpose is to obtain info, plans, photographs or
other data of confidential nature relative to the
defense of the Philippines
2. By disclosing to the representative of a foreign nation the

contents of articles, data, or information referred in the
previous paragraph which he had in his possession by reason
of the public office he holds
Elements:
a. Offender is a public officer
b. He has in his possession the the articles, data or info
by reason of the public office he holds
c. He discloses their contents to a representative of a
foreign nation
Elements: Private individual -

Inciting to war or 1. Offender performs unlawful or unauthorized acts prision mayor
118 giving motives 2. Such acts provoke or give occasion for a war involving or Any person Note: Committed in time of peace
for reprisals liable to involve the Philippines or expose Filipino citizens to Public officer -
reprisals on their persons or property reclusion temporal
Elements:
1. There is a war in which the Philippines is not involved Can be committed in war and peace
Violation of
119 2. There is a regulation issued by a competent authority for the Any person Prision correccional
neutrality
purpose of enforcing neutrality There should be a regulation enforcing neutrality
3. The offender violates such regulation
Elements:
1. In time of war in which the Philippines is involved a. Prision
Correspondence 2. Offender makes correspondence with an enemy country or Correccional
Note: Govt prohibition is not essential in par 2
120 with Hostile territory occupied by enemy troops Any person b. Prision Mayor
and 3
Country 3. Correspondence is either: c. Reclusion
a. Prohibited by govt Temporal
b. Carried on in ciphers or conventional signs
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c. Has notice or info which might be useful to enemy
Elements:
Offender must
Flight to 1. In time of war in which the Philippines is involved Note: An alien resident may be guilty of this
be owing
121 Enemy’s 2. Offender must be owing allegiance to the govt Arresto Mayor because the law does not say “not being a
allegiance to
Country 3. Offender attempts to flee or go to enemy country foreigner”
the govt
4. Going to enemy country is prohibited by competent authority
2 Ways of Committing Piracy:

1. By attacking or seizing a vessel on the high seas or in
Philippine waters
Reclusion perpetua
2. By seizing in the vessel while on the high seas or in
Philippine waters the whole or part of its cargo, its equipment
Piracy and If considered as Mutiny - committed by the other members of the
122 or personal belongings of its complement or passengers Any person
Mutiny terrorism, 40 yrs of complement or passengers of the vessel
imprisonment w/o
Elements:
benefit of parole
1. Vessel is on the high seas or in Philippine waters
2. Offenders are not members of its complement or passengers
3. Offenders does either of the two acts above
Elements:
1. Whenever the offenders have seized the vessel by boarding
or firing upon the same
Reclusion perpetua to
123 Qualified Piracy 2. Whenever the pirates have abandoned their victims w/o Any person
death
means of saving themselves
3. Whenever the crime is accompanied by murder, homicide,
physical injuries, or rape
TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
<3 days - arresto

mayor max period to
prision correccional
Elements: min period
Any public
Arbitrary 1. Offender is a public officer or employee Note: The crime of arbitrary detention can be
124 officer or
Detention 2. He detains a person >3-15 days - prision committed through imprudence
employee
3. Detention is w/o legal grounds correccional med-max
period
>15 days-6 months -
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prision mayor
>6 months - reclusion

temporal
<3 days - arresto

mayor max period to
Elements: min period Note: if the offender is a private person, the
Delay in the 1. Offender is a public office or employee crime is illegal detention
delivery of 2. He has detained a person for some legal ground >3-15 days - prision
Any public
detained 3. Fails to deliver such person to the proper judicial authorities correccional med-max Arrest must be lawful
125 officer or
persons to the w/i: period
employee
proper judicial a. 12 hrs - crimes/offenses punishable by light penalties Duty of the detaining officer is deemed complied
authorities b. 18 hrs - punishable by correctional penalties >15 days-6 months - with upon the filing of the complaint with the
c. 36 hrs - punishable by afflictive or capital penalties prision mayor judicial authority
>6 months - reclusion

temporal
3 Acts Punishable: <3 days - arresto

1. Delaying the performance of a judicial or executive order for mayor max period to
the release of a prisoner prision correccional
2. Unduly delaying the service of the notice of such order to said min period
prisoner
3. Unduly delaying the proceedings upon any petition for the >3-15 days - prision
Any public
Delaying liberation of such person correccional med-max Wardens and jailers are the public officers most
126 officer or
Release period likely to violate this
employee
Elements:
1. Offender is a public officer or employee >15 days-6 months -
2. There is a judicial or executive order for the release of a prision mayor
prisoner or that there is a proceeding upon a petition for the
liberation of such person >6 months - reclusion
3. The offender, w/o good reason does any of the acts above temporal
2 Acts Punishable:
1. Expelling a person from the Philippines Any public
Only the court by a final judgement can order a
127 Expulsion 2. Compelling a person to change his address officer or Prision correccional
person to change his residence
employee
Elements:
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1. Offender is a public officer or employee
2. He expels any person from the Philippines or compels a
person to change his residence
3. Offender is not authorized to do so by law
Acts Punishable:
1. Entering any dwelling against the will of the owner
2. Searching papers or other effects found therein w/o the
previous consent of such owner Prision correccional Circumstances qualifying the offense:
3. Refusing to leave the premises, after having surreptitiously min period 1. Nighttime
Any public
Violation of entered said dwelling and after having been required to leave 2. Any papers or effects not constituting
128 officer or
Domicile the same Nighttime - prision evidence of a crime are not returned
employee
correccional med-max immediately after the search made by the
Elements: period offender
2. He is not authorized by judicial order to enter the dwelling
and/or to make a search therein for papers or other effects
Acts Punishable: Subjects of search warrant:

1. Procuring a search warrant w/o just cause 1. Subject of offense
2. Stolen or embezzled and other fruits of
Elements: offense
1. Offender is a public officer or employee 3. Used or intended to be used as the
Search warrants 2. He procures a search warrant means of committing an offense
Arresto Mayor max
maliciously 3. There is no just cause
Any public period to Prision
obtained, and Requisites of search warrant:
129 officer or Correccional min
abuse in the 2. Exceeding his authority or by using unnecessary severity in 1. Must be issued upon probable cause
employee period and a fine of
service of those executing a search warrant legally procured 2. Must be issued for a single offense
200k pesos
legally obtained 3. The probable cause must be determined
Elements: personally by the issuing judge
1. Offender is a public officer or employee 4. It must contain a particular description of
2. He has legally procured a search warrant the place, persons, or things to be seized
3. He exceeds his authority or uses unnecessary
severity in executing the same Validity of search warrant = 10 days
Elements:
Searching 1. Offender is a public officer or employee Any public Note: Search w/o warrant under the Tariff and
Arresto mayor med-
130 domicile w/o 2. He is armed with search warrant legally procured officer or Customs Code does not include a dwelling
max period
witnesses 3. He searches the domicile, papers, or other belongings of any employee house
person
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4. The owner, or any member of his family, or 2 witnesses
residing in the same locality are not present
Acts Punishable:
1. Prohibiting or interrupting w/o legal ground, the holding of a
peaceful meeting, or by dissolving the same
2. Hindering any person from joining any lawful association or
Prohibition,
from attending any of its meetings
interruption, and Any public
3. Prohibiting or hindering any person from addressing, either Prision correccional
131 dissolution of officer or
alone or together with others, any petition to the authorities min period
peaceful employee
for the correction of abuses or redress of grievances
meetings
Elements:
2. He performs any of the acts mentioned above
Prision correccional
Elements:
min period
1. Offender is a public officer or employee Any public
Interruption of
132 2. Religious ceremonies or manifestations of any religion are officer or
religious worship Violence/threats -
about to take place or are going on employee
3. Offender prevents or disturbs the same
med to max period
Elements:
Note: It is not necessary that there is a religious
1. The acts complained of were performed: Arresto mayor max
ceremony going on when the offender performs
Offending the a. In a place devoted to religious worship period to Prision
133 Any person acts notoriously offensive to the feelings of the
religious feelings b. During the celebration of any religious ceremony Correccional min
faithful when done in a place devoted to religious
2. The acts must be notoriously offensive to the feelings of the period
worship
faithful
TITLE III: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
Elements: Rebellion - object of the movement is to

Leaders - reclusion
1. There be a: completely overthrow and supersede the existing
perpetua
Rebellion or a. Public uprising govt
134 Any person
Insurrection b. Taking arms against the govt
Participants - reclusion
2. The purpose of the uprising is either Insurrection - seeks merely to effect some
temporal
a. To remove from the allegiance to said govt or its laws: change of minor importance or to prevent the
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i. The territory of the Philippines or any part exercise of govt authority with respect to
thereof or; particular matters or subjects
ii. Any body of land, naval, or other armed forces
b. To deprive the Chief Executive or Congress, wholly or Note: Giving aid and comfort is not criminal in
partially, of any of their powers or prerogatives rebellion
Rebellion absorbs other crimes, no art 48
Elements:
1. Offender is a person or persons belonging to the military or Leader - reclusion
police or holding any public office or employment perpetua
2. Committed by means of swift attack accompanied by
Military, police,
134 violence, intimidation, threat, strategy, or stealth Participants - reclusion Note: There must be an active participation,
Coup d’etat public officer or
-A 3. Attack is directed against duly constituted authorities of the temporal max period mere silence or omission is not punishable
employee
Philippines, or any military camp or installation,
communication networks, public utilities or other facilities Private citizen - prision
needed for the exercise and continued possession of power mayor max period
4. Purpose of the attack is to seize or diminish state power
Penalties for
135
134 and 134-A
Coup - prision mayor

min period + 1M fine
Conspiracy and
Military, police,
proposal to Merely agreeing and deciding to rise publicly and take arms against Conspiracy Rebellion -
public officer or No conspiracy when there is no agreement and
136 commit coup the gov’t for the purpose of rebellion or merely proposing the prision correccional
employee no decision to commit rebellion
d’etat, rebellion commission of said acts is already subject to punishment. max period + 1M fine
or insurrection Proposal Rebellion -
Private person
med period + 400k fine
Acts Punished:
Note: Presupposes the existence of rebellion by
Disloyalty of 1. Failing to resist a rebellion by all means in their power
Public officer or Prision correccional other persons
137 Public Officers 2. Continuing to discharge the duties of their offices under the
employee min period
or Employees control of the rebels
*Must not be in conspiracy with the rebels
3. Accepting appointment to office under them
Inciting to Elements:
Prision mayor min
138 rebellion or 1. Offender does not take arms or is not in open hostility against Any person
period
insurrection the govt
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2. He incites others to the execution of any of the acts of
rebellion
3. The inciting is done by means of speeches, proclamation,
writings, emblems, banners, or other representations tending
to the same end
Elements:
1. Offenders rise publicly and tumultuously
2. They employ force, intimidation, or other means outside of
legal methods
3. Offenders employ any of those means for the following
purpose:
a. To prevent the promulgation or execution of any law
or the holding of any popular election Leader - Prision mayor
b. To prevent the nat’l govt or any provincial or municipal min period + 2M fine Public uprising and an object of sedition must
govt or any public officer from freely exercising its or concur
139 Sedition Any person
his functions or to prevent the execution of any Participants - prision
administrative order correccional max Note: Minimum of 4 armed men
c. To inflict any act of hate or revenge upon the person period + 1M fine
or property of any public officer or employee
d. To commit for any political or social end, any act of
hate or revenge against private persons or any social
class
e. To despoil, for any political or social end, any person,
municipality, or province or the nat’l govt of all its
property or any part thereof
Leader - Prision mayor

Penalty for
140
sedition Participants - prision
correccional max period
+ 1M fine
Conspiracy to There must be an agreement and a decision to rise publicly and Prision correccional
141 Any person Proposal to commit sedition is not punishable
commit sedition tumultuously to attain any of the objects of sedition med period + 400k fine
Acts Punishable: Scurrilous - low =, vulgar, mean, or foul

Inciting to 1. Inciting others to the accomplishment of any of the acts, Prision correccional
142 Any person
sedition which constitute sedition by means of speeches, max period + 400k fine 2 Rules Relative to Seditious Words:
proclamations, writings, emblems, etc. 1. Clear and Present Danger Rule
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2. Uttering seditious words or speeches which tend to disturb 2. The Dangerous Tendency Rule
the public peace
3. Writing, publishing, or circulating scurrilous libels against the
govt or any of the duly constituted authorities therein which
tend to disturb the public peace
Elements:
1. Offender does not take direct part in the crime of sedition
2. He incites others to the accomplishment of any of the acts
which constitute sedition
3. The inciting is done by means of speeches, proclamation,
writings, emblems, cartoons, etc
Elements:
Acts tending to 1. There be a projected or actual meeting of the national
prevent the assembly or any of its committees or subcommittees, con
143 meeting of com or divisions thereof, or any of the provincial board or city Any person
OR 40k to 400k fine
Assembly and or municipal council or board
similar bodies 2. The offender who may be any person prevents such meeting
by force or fraud
Elements:
1. There be a meeting of the nat’l assembly or any of its
committees or subcommittees, con com or committees or
divisions thereof, or of any provincial board or city or
Note: It must be a meeting of a legislative body
Disturbance of municipal council or board Arresto Mayor OR 40k
144 Any person or of provincial board or city or municipal council
proceedings 2. Offender does any of the following acts: to 200k fine
or board which is disturbed.
a. Disturbs any of such meetings
b. Behaves while in the presence of any such bodies in
such manner as to interrupt its proceedings or to
impair the respect due to it
Acts Punishable:
1. By using force, intimidation, threats, or frauds to prevent any
Prision mayor
member of the Nat’l Assembly from:
Violation of Note: Parliamentary immunity does not protect
a. Attending the meetings of the assembly or of any of its
145 parliamentary Any person Public officer or members of the national assembly from
committees or subcommittees, con com or
immunity employee - prision responsibility before the legislative body itself
committees or divisions thereof
correccional
b. Expressing his opinions
c. Casting his vote
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Elements:
1. Offender uses force, intimidation, threats, or fraud
2. Purpose of the offender is to prevent any member of
the nat’l assembly from:
a. Attending the meetings of the assembly or of
any of its committees or subcommittees, con
com or committees or divisions thereof
b. Expressing his opinions
c. Casting his vote
2. By arresting or searching any member thereof while the nat’l

assembly is in regular or special session, except in case such
member has committed a crime punishable under the Code
by a penalty higher than prision mayor
Elements:
2. He arrests or searches any member of the nat’l
assembly
3. The assembly, at the time of arrest or search, is in
regular or special session
4. The member arrested or searched has not committed
a crime punishable under the Code by a penalty
higher than prision mayor
Acts Punishable:
1. Any meeting attended by armed persons for the purpose of
When there is an actual inciting, the act would
committing any of the crimes punishable under the Code. Leaders - Prision
not be punishable only as inciting to rebellion or
correccional max
inciting to sedition because in illegal assembly,
Requisites: period to Prision
“in which the audience is incited to the
1. There is a meeting, a gathering, or group of persons Mayor med period
commission of” rebellion or sedition, the persons
Illegal whether in a fixed place or moving
146 Any person liable are the organizers or leaders of, and
Assemblies 2. The meeting is attended by armed persons Participants - Arresto
persons merely present at the meeting.
3. The purpose of the meeting is to commit any of the mayor
crimes punishable under this Code.
Whereas in inciting to rebellion or to sedition, the
Armed persons -
person liable is only the one who shall incite
2. Any meeting in which the audience, whether armed or not, is Prision correccional
others.
incited to the commission of the crime of treason, rebellion or
insurrection, sedition, or assault upon a person in authority or
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his agents
Requisites:
1. There is a meeting, a gathering or a group of persons,
whether in a fixed place or moving
2. The audience, whether armed or not, is incited to the
commission of the crime of treason, rebellion or
insurrection, sedition, or direct assault
Leaders - prision
Acts Punishable:
correccional min and
1. Totally or partially organized for the purpose of committing
Illegal med period + 200k fine
147 any of the crimes punishable under the code Any person
Association
2. Totally or partially organized for some purpose contrary to
Members - Arresto
public morals
Mayor
Acts Punishable: Hitting a policeman in the breast with a fist is not

1. W/o public uprising, by employing force or intimidation for the direct assault - should be more dangerous to civil
attainment of any of the purpose enumerated in defining the society
crimes of rebellion and sedition
Note: The force employed need not be serious
Elements: when the offended party is a person in authority
1. Offender employs force or intimidation
2. Aim of the offender is to attain any of the purposes of The intimidation or resistance must be serious
the crime of rebellion or any of the objects in the crime Prision correccional whether the offended party is an agent only or a
of sedition med and max periods person in authority
3. There is no public uprising + 200k fine
Note: Resistance must be active
148 Direct Assaults Any person
2. W/o public uprising, by attacking or employing force or by If did not lay hand or
seriously intimidating or seriously resisting any persons in no weapon - prision Person in Authority - directly vested with
authority of any of his agents, while engaged in the correccional min jurisdiction to govern and execute the laws
performance of official duties, or on the occasion of such period + 100k fine
performance Agent of person in authority - who, by direct
provision of law or by election or by appointment
Elements: by competent authority, is charged with the
1. Offender makes an attack, employs force, makes a maintenance of public order and the protection
serious intimidation or makes a serious resistance and security of life and property.
2. The person assaulted is a person in authority or his
agent Note: Intent to defy is necessary
3. At the time of the assault the person in authority or his
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agent is engaged in the actual performance of his Qualified Direct Assault:
official duties or that he is assaulted by reason of past 1. With weapon
performance 2. Offender is public officer or employee
4. Offender knows that the one he is assaulting is a 3. Offender lays hands upon a person in
person in authority or his agent in the exercise of his authority
duties
5. There is no public uprising
Elements:
1. A person in authority or his agent is the victim of any of the
forms of direct assault Note: Indirect assault can be committed only
149 Indirect Assault Any person min and med period +
2. A person came to the aid of such authority or his agent when direct assault is also committed
100k fine
3. The offender makes use of force or intimidation upon such
person
Acts Punishable:
Disobedience to
1. Refusing w/o legal excuse, to obey summons
summons
2. Refusing to be sworn or placed under affirmation while being
issued by the
before such legislative or constitutional body or official
Nat’l Assembly,
3. Refusing to answer any legal inquiry or to produce books,
its committees, Arresto mayor OR 40k
150 papers, documents, or records in his possession, when Any person
by the Con to 200k fine OR both
required by them to do so in the exercise of their function
Comm, its
4. Restraining another from attending as a witness in such
committees,
legislative or constitutional body
subcommittees
5. Inducing disobedience to a summon or refusal to be sworn by
or divisions
any such body or official
Elements (par 1):

1. A person in authority or his agent is engaged in the
performance of official duty or gives a lawful order to the
offender
Resistance and
2. The offender resists or seriously disobeys such person in Arresto Mayor + 100k Resistance - failure to comply with orders directly
disobedience to
authority or his agent fine issued by the authorities
a person in
151 3. The act of the offender is not included in the provisions of art Any person
authority or the
148, 149, and 150 Not serious - Arresto Note: For Par 2, the offended party must be only
agents of such
menor + 2k to 20k fine an agent of a person in authority
person
Elements (par 2):
1. An agent of a person in authority is engaged in the
performance of official duty or gives a lawful order to the
offender
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2. Offender disobeys such agent
3. Such disobedience is not of a serious nature
1. Municipal mayor
Person in Authority - directly vested with
2. Division superintendent of schools
jurisdiction to govern and execute the laws
Persons in 3. Public and private school teachers
Authority and 4. Teacher-nurse
Agent of person in authority - who, by direct
152 Agents - Who 5. President of sanitary division
provision of law or by election or by appointment
shall be deemed 6. Provincial fiscal
by competent authority, is charged with the
as such 7. Justice of peace
maintenance of public order and the protection
8. Municipal councilor
and security of life and property.
9. Barrio captain and barangay chairman
Acts Punishable:
Serious disturbance -
1. Causing any serious disturbance in a public place, office, or
Prisión correccional
establishment
min period + 200k fine
2. Interrupting or disturbing performances, functions or
Tumults and gatherings, or peaceful assemblies if the acts is not included
Tumultuous - Prision Tumultuous - caused by more than 3 persons
other in Arts. 131 and 132
153 Any person mayor who are armed or provided with means of
disturbances of 3. Making any outcry tending to incite rebellion or sedition in any
violence
public order meeting, association or public place
Outcry - Arresto Mayor
4. Displaying placards or emblems which provoke a disturbance
of public order in such place
Pomp - Arresto Menor
5. Burying with pomp the body of a person who has been legally
+ 40k fine
executed
Acts Punishable:
1. Publishing or causing to be published, by means of printing,
lithography or any other means of publication, as news any
false news which may endanger the public order, or cause
damage to the interest or credit of the State
Unlawful use of
2. Encouraging disobedience to the law or to the constituted
means of
authorities or by praising, justifying or extolling any act Arresto Mayor + 40k to Note: The offender must know that the news is
154 publication and Any person
punished by law, by the same means or by words, utterances 200k fine false
unlawful
or speeches
utterances
3. Maliciously publishing or causing to be published any official
resolution or document w/o proper authority or before they
have been published officially
4. Printing, publishing, or distributing books (or causing the
same) books, pamphlets, periodicals, or leaflets which do not
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bear the real printer’s name or which are classified as
anonymous.
Acts Punishable:
1. Discharging any firearm, rocket, firecracker, or other
explosives w/in any town or public place, calculated to cause Charivari - includes a medley of discordant
alarm or danger voices, a mock serenade of discordant voices
2. Instigating or taking an active part in any charivari or other made on kettles, tins, horns etc designed to
Alarms and Arresto menor OR 40k
155 disorderly meeting offensive to another or prejudicial to public Any person annoy and insult.
Scandals fine
tranquility
3. Disturbing the public peace while wandering about at night or Note: Disturbance of serious nature falls under
while engaged in any other nocturnal amusements. Art. 153
4. Causing any disturbance or scandal in public places while
intoxicated or otherwise, provided Art 153 is not applicable
Violence, intimidation,
bribery - Arresto
mayor max period to
min period Note: Includes detention prisoners
Elements:
Delivering
1. There is a person confined in a jail or penal establishment
156 prisoners from Any person Otherwise - Arresto If the offender is a public officer who had the
2. The offender removes therefrom such person or helps the
jail mayor prisoner in his custody, he is liable for infidelity in
escape of such person
the custody of a prisoner (Art 223)
Taking guards by
surprise - same
penalties in minimum
period
Note: Not applicable to sentence executed by

deportation
Elements: Prision Correccional
Qualifying Circumstances:
1. Offender is a convict by final judgement med to max period
1. Unlawful entry
Evasion of 2. He is serving his sentence which consists in deprivation of
157 Any convict 2. Breaking doors, windows, gates, walls,
Service liberty Unlawful entry -
roofs, or floors
3. He evades the service of his sentence by escaping during the Prision Correccional
3. Using picklocks, false keys, disguise,
term of his sentence max period
deceit, violence, or intimidation
4. Through connivance with other convicts
or employees of the penal institution
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Elements:
1. Offender is a convict by final judgement
2. There is a disorder arising from:
Evasion of a. Conflagration
Service on the b. Earthquake
Additional 1/5 of the
occasion of c. Explosion
time remaining which Mutiny - implies an organized unlawful resistance
158 disorders, d. Similar catastrophe Any convict
in no case shall to a superior officer; a sedition; a revolt
conflagrations, e. Mutiny in which he has not participated
exceed 6 months
earthquakes, or 3. Offender evades the service of his sentence by leaving the
other calamities penal institution
4. Offender fails to give himself up to the authorities w/in 48 hrs
following the issuance of a proclamation by the Chief
Executive announcing the passing away of such calamity
Note: Condition extends to special laws

min period Offender must be found guilty of subsequent
Other cases of Elements of the offense of violation of conditional pardon: Previous
offense before he can be prosecuted under Art
evasion of 1. Offender was a convict convict who
159 Penalty higher than 6 159
service of 2. He was granted a conditional pardon by the Chief Executive was granted
years - unexpired
sentence 3. He violated any of the conditions of such pardon pardon
portion of original Offender can be arrested and reincarnated w/o
sentence trial if the president deems it that he failed to
comply with the conditions of the pardon
This article refers to quasi-recidivism.

Commission of
Elements:
another crime The 1st crime for which offender is serving
1. Offender was already convicted by final judgement of one
during service of Convicts of final Penalty for new felony sentence need not be a felony
160 offense
penalty imposed judgement in maximum period
2. He committed a new felony before beginning to serve such
for another Note: Cannot be offset by ordinary mitigating
sentence or while serving the same
previous offense circumstances but can be offset by privilege
mitigating
TITLE IV: CRIMES AGAINST PUBLIC INTEREST
Counterfeiting Great Seal - circular in form, with arms consisting

Acts Punished:
the Great Seal of paleways of two pieces, azure, and gules; a
1. Forging the Great Seal of the Govt of the Philippines
161 of the Govt of Any person Reclusion temporal chief argent studded with 3 golden stars
2. Forging the signature of the president
the Phil Islands, equidistant from each other; in point of honor,
3. Forging the stamp of the president
forging the ovoid argent over the sun rayonnant with eight
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signature or minor and lesser rays; in sinister base gules, the
stamp of the Lion Rampant of Spain; in dexter base azure, the
Chief Executive American eagle displayed proper; and
surrounding the whole is a double marginal circle
within which are the words “Republic of the
Philippines”
Elements:
Using forged 1. The Great Seal of the Republic of the Philippines was
signature or counterfeited or the signature or stamp of the Chief Executive Note: The offender under this article should not
162 Any person Prision Mayor
counterfeit seal was forged by another person be the forger
or stamp 2. The offender knew of the counterfeiting or forgery
3. He used the counterfeit sel or forged signature or stamp
Philippine coin - Prision

Elements: Correccional min and
Making and To utter - to pass counterfeited coin
1. There be a false or counterfeited coins med period + 400k fine
importing and
163 2. The offender either made, imported, or uttered such coins Any person
uttering false Foreign - prision Note: Counterfeiting former coins withdrawn from
3. In case of uttering such false or counterfeited coins, he
coins correccional min period + circulation is also punishable
connived with the counterfeiters or importers
200k fine
Acts Punishable:
Mutilation of Mutilation - to take off part of the metal either by
1. Mutilating coins of legal currency with intent to damage or
Coins and filing it or substituting it for another metal of
defraud another Prision Correccional
164 Importation and Any person inferior quality
2. Importing or uttering such mutilated coins, with the further min period + 400k fine
Utterance of
requirement that there must be connivance with the mutilator
Mutilated Coins Note: Coins of foreign countries are not included
or importer in case of uttering
Acts Punishable:
1. Possession of coin, counterfeited or mutilated by another
person with intent to utter the same, knowing that it is false or
mutilated
Selling of false
Note: Possession of or uttering false coin does
or mutilated Elements:
165 Any person Arresto Mayor not require that the counterfeited coin is legal
coin, without 1. Possession
tender except if it is a mutilated coins
connivance 2. With intent to utter
3. Knowledge
2. Actually uttering such false or mutilated coin, knowing the

same to be false or mutilated
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Elements:
1. Actually uttering
2. Knowledge
Phil Obli/Security -
Reclusion Temporal
Forging - committed by giving to a treasury or
Forging treasury bank or any instrument payable to bearer or to
or bank notes or order the appearance of a true and genuine
Local note - Prision
other documents Acts Punishable: document
Mayor max period+
payable to 1. Forging or falsification of treasury or bank notes or other
1M fine
bearer; documents payable to bearer Falsification - Committed by erasing, substituting,
166 Any person
Importing, and 2. Importation of such false or forged obligations or notes counterfeiting, or altering by any means, the
Foreign document -
uttering such 3. Uttering such false or forged obligations or notes in figures, letters, words, or signs contained therein
Arresto Mayor med
false or forged connivance with the forgers of importers
period + 1M fine
notes and Note: Uttering forged bill must be with
documents connivance
Foreign note - Prision
Mayor min period +
400k fine
Counterfeiting, Elements:
importing and 1. There be an instrument payable to order or other documents
uttering of credit not payable to bearer Note: Application of Art 167 is limited to
167 Any person med to max period +
instruments not 2. The offender either forged, imported, or uttered such instruments payable to order
1.2M
payable to instrument
bearer. 3. In case of uttering, he connived with the forger or importer
Elements:
1. Any treasury or bank note or certificate or other obligation or Note: Intent to possess is not intent to use
Illegal security payable to bearer, or any instrument payable to order
possession and or other document of credit not payable to bearer is forged or A person in possession of falsified document and
Penalty next lower in
use of false falsified by another person who makes use of the same is presumed to be
degree that that
168 treasury or bank 2. The offender knows that any of those instruments is forged or Any person material author of falsification
prescribed in 166 and
notes and other falsified
167
instruments of 3. He performs any of these acts: There is no impossible crime of forgery and
credit a. Using any of such forged or falsified instruments falsification because it’s not a crime against
b. Possessing with intent to use any of such forged or persons or property
falsified instruments
169 How forgery is Forgery includes falsification and counterfeiting Note: Also includes forgery of withdrawn or
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committed demonetized documents
Elements:
1. There be a bill, resolution or ordinance enacted or approved
Falsification of or pending approval by either house of legislature or any Note: Document must be genuine. A fabricated
170 legislative provincial board or municipal council Any person or simulated legislative document is not covered
max period + 1.2M fine
documents 2. The offender alters the same by Art 170.
3. He has no proper authority therefor
4. The alteration has changed the meaning of the documents
Elements:
1. Offender is a public officer, employee, or notary public
2. He takes advantage of his official position
The offender takes advantage of his official
3. He falsifies a document by committing any of these acts:
position when:
a. Counterfeiting or using any handwriting, signature or
1. He has the duty to make or to prepare or
rubric
otherwise intervene in the preparation of
b. Causing it to appear that persons have participated in
the document
any act or proceeding when they did not in fact so
2. He has the official custody of the
participate
document when he falsifies it
c. Attributing to persons who have participated in an act
or proceeding statements other than those in fact
Falsification by Note: In falsification by making alteration or
made by them Public officer,
public officer, intercalation or including in a copy of statement,
d. Making untruthful statements in a narration of facts employee or
employee or Prision Mayor + 1M there must be a genuine document to be falsified
171 e. Altering true dates notary or
notary or fine
f. Making any alteration or intercalation in a genuine ecclesiastical
ecclesiastical In false narration of facts, it must be absolutely
document which changes its meaning minister.
minister. false and must not be a conclusion of law. There
g. Issuing in an authenticated form a document
must be intent to injure
purporting to be a copy of an original document when
no such original exists, or including in such a copy a
Wrongful intent is not essential when the
statement contrary to, or different from, that of the
document falsified is a public document
genuine original
h. Intercelating any instrument or nore relative to the
Note: There is a falsification by omission
issuance thereof in a protocol, registry, or official book
4. In case the offender is an ecclesiastical minister, falsification
In altering true dates, dates must be essential
is committed with respect to any record or document of such
character that its falsificationina may affect the civil status of
persons.
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Acts Punishable:
1. Falsification of public, official, or commercial document by a
private individual
Elements:
1. Offender is a private individual or a public officer or
employee who did not take advantage of his official
position
2. He committed any of the acts of falsification
enumerated in Art 171
3. The falsification was committed in a public or official The possessor is presumed to be the author of
or commercial document falsification
2. Falsification of private documents by any person Note: In Par 1, intent to injure is not necessary
and lack of malice or criminal intent is a defense
Elements:
1. Offender committed any of the acts of falsification, For public documents, there is a complex crime
except those in Par 7, enumerated in Art 171 of estafa and falsification
Falsification by
2. The falsifications was committed in any private
private individual Prision correccional
document Any private There is no complex crime in private documents
172 and use of med to max period +
3. The falsification cause damaged to a 3rd party or at person
falsified 1M fine
least the falsification was committed with intent to Note: In general, falsification has no attempted or
documents.
cause such damage frustrated stage
3. Use of falsified documents Damage is not necessary in the crime of

introducing in judicial proceeding a false
Elements (judicial proceeding) document
1. The offender knew that a document was falsified by
another person Use of falsified document in proceeding not
2. The false document is embraced in Art 171 or in any judicial requires at least intent to cause damage
subdivisions no. 1 and 2 of art 172
3. He introduced said document in evidence in any
judicial proceeding
Elements (any other transaction)

1. Offender knew that a document was falsified by
another person
2. The false document is embraced in Art 171 or in any
subdivisions no. 1 and 2 of art 172
3. He used such documents (not in judicial proceeding)
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4. The use of the false document caused damage to
another or at least it was used with intent to cause
such damage
Acts Punishable:
1. Uttering fictitious wireless, telegraph or telephone message
2. Falsifying wireless, telegraph or telephone message
Elements:
1. Offender is an officer or employee of the govt or of a
Falsification of private corp engaged in the service of sending or Falsification -
wireless, cable, receiving wireless, cable or telephone message Any officer or
Falsification - Prision
telegraph, and 2. Offender commits any of the following acts employee of
Correccional in med to
telephone a. Uttering fictitious wireless, cable, telegraph or govt or private
173 max period
messages, and telephone message corp
use of said b. Falsifying wireless, cable, telegraph or
Use - Arresto Mayor
falsified telephone message Use - any
messages person
3. Using such falsified message
Elements:
1. Accused knew that wireless, cable, telegraph, or
telephone message was falsified by any of the
persons specified in the 1st paragraph
Acts Punishable: Physician and Public

False medical
1. Any physician or surgeon who, in connection with the practice Physician or officer - Arrest mayor
certificates, false
of his profession, shall issue a false certificate; and surgeon, public max period + 200k
174 certificates of Note: Art 174 does not cover property
2. Any public officer who shall issue a false certificate of merit of officer, private
merits or
service, good conduct or similar circumstances. individual Private individual -
service, etc.
Arresto mayor
Elements:
1. A physician or surgeon, public officer, private individual
Using false
175 issues a false certificate Any person Arresto menor
certificates
2. Offender knew that the certificate is false
3. He used the same
Manufacturing Acts Punished: Prision correccional

and possession 1. Making or introducing into the Philippines any stamps, dies, med to max period + The implements confiscated need not form a
176 Any person
of instruments or marks, or other instruments or implements for counterfeiting 1M fine complete set
implements for or falsification
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falsification 2. Possessing with intent to use the instruments or implements Posession - Arresto
for counterfeiting or falsification made in or introduced into the Mayor
Philippines by another person
2 Offenses:
1. Usurpation of Authority
2. Usurpation of official functions
Acts Punished: There must be positive, express, and explicit

Usurpation of
1. By knowingly and falsely representing oneself to be an Prision correccional representation
177 authority or Any person
officer, agent, or representative of any department or agency min to med period
official function
of the Philippine Govt or any foreign govt Note: May be violated by a public officer
2. By performing any act pertaining to any person in authority or
public officer of the Phil Govt or of a foreign govt or any
agency thereof, under pretense of official position w/o being
lawfully entitled to do so.
Elements (Fictitious name):

1. Offender uses a name other than his real name
2. He uses that fictitious name publicly
3. The purpose is:
Fictitious name -
a. To conceal a crime
Using fictitious Arresto mayor + 100k
b. To evade the execution of a judgement
name and fine
178 c. To cause damage to public interest Any person
concealing true
name Concealing true name
Elements (Concealing true name):
- Arresto menor + 40k
1. The offender conceals:
a. His true name
b. All other personal circumstances
2. The purpose is only to conceal his identity
Elements:
1. Offender makes use of insignia, uniform or dress
Note: Wearing the uniform of an imaginary office
Illegal use of 2. The insignia, uniform, or dress pertains to an office not held
is not punishable.
179 uniforms or by the offender or to a class of persons of which he is not a Any person Arresto Mayor
insignia member
An exact imitation of the uniform is not necessary
3. Said insignia, uniform or dress is used publicly and
improperly
False testimony Elements: Death - Reclusion Note: Defendant must at least be sentenced to
180 Any person
against a 1. There be a criminal proceeding temporal correccional penalty or fine or be acquitted
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defendant 2. The offender testifies falsely under oath against the
defendant RT or RP - Prision
3. Offender who gives false testimony knows that it is false Mayor
4. The defendant against him whom the false testimony is given
is either acquitted or convicted in a final judgement Afflictive - Prision
correccional
Correccional, fine or
acquittal - Arresto
Mayor
Afflictive - Arresto
Mayor max period to
False testimony False testimony is punished not because of the effect it actually Prision Correccional
181 favorable to the produces but because of its tendency to favor or to prejudice the Any person min period + 200k
defendant defendant
Other case - Arrest
mayor
Elements:
>1M - Prision
1. The testimony must be given in a civil case
correccional min
2. The testimony must relate to the issues presented in said
period +1.2M fine
case
False testimony Note: Art. 182 is not applicable in special
182 3. Testimony must be false Any person
in civil cases <1M - Arrest mayor proceedings
4. The false testimony must be given by the defendant knowing
max period to Prision
the same to be false
correccional min
5. The testimony must be malicious and given with an intent to
period + 200k fine
affect the issues presented in said cases
Acts Punished: Note: Falsely testifying under oath should not be

1. Falsely testifying under oath in a judicial proceeding
2. Making a false affidavit
Arresto Mayor max
False testimony No perjury if sworn statement is not material to
period to Prision
183 in other cases Elements of perjury: Any person the principal matter under investigation
Correccional min
and perjury 1. Accused made a statement under oath or executed an
period
affidavit upon a material matter Good faith or lack of malice is a defense in
2. The statement or affidavit was made before a competent perjury
officer authorized to receive an administer oath
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3. In that statement of affidavit, the accused made a willful and Affidavit MUST be required by law
deliberate assertion of a falsehood
4. The sworn statement or affidavit containing the falsity is Subordination of perjury - committed by a person
required by law who knowingly and wilfully procures another to
swear falsely and the witness suborned does
testify under circumstances rendering him guilty
of perjury
Art 184 applies when the offender does not

Elements:
induce a witness to testify falsely
Offering false 1. The offender offered in evidence a false witness or false
Respective penalties
184 testimony in testimony Any person
provided in this section Note: Penalty is that for false testimony if
evidence 2. He knew the witness or the testimony was false
committed in a judicial proceeding or that for
3. The offer was made in a judicial or official proceeding
perjury if committed in other official proceeding
Acts Punishable:
1. Soliciting any gift or promise as a consideration for refraining
from taking part in any public auction
Elements:
1. There be a public auction
2. Accused solicited any gift or a promise from any of its
bidders
3. Such gift or promise was the consideration for his
refraining from taking part in that public auction
4. The accused had the intent to cause the reduction of Prision correccional
the price of the thing auctioned min period and a fine
Machination in
185 Any person ranging from 10 to 15 Note: Consummated by mere solicitation
public auctions
percent of the value of
2. Attempting to cause bidders to stay away from an auction by the thing auctioned
threats, gifts, promises, or any other artifice
Elements:
1. There be a public auction
2. Accused attempted to cause the bidders to stay away
from that public auction
3. It was done by threats, gifts, promises, or any other
artifice
4. The accused had the intent to cause the reduction of
the price of the thing auctioned
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Monopolies and
186 combinations in REPEALED BY RA 10667 (PHILIPPINE COMPETITION ACT)
restraint of trade
Articles or merchandise involved:

Importation and 1. Gold
Elements:
disposition of 2. Silver
1. Offender imports, sells or disposes of any of those articles or
falsely marked 3. Other precious metals
merchandise
articles or 4. Their alloys
2. The stamps, brands, or marks of those articles or Prision correccional
187 merchandise Any person
merchandise fail to indicate the actual fineness or quality of OR 40k to 200k fine
made of gold, Note: Selling misbranded articles is not
said metal or alloys
silver, or other necessary
3. The offender knows that the stamps, brands, or marks fail to
precious metals
indicate the actual fineness or quality of the metals or alloys
or their alloys Does not apply to manufacturer - they are liable
for estafa
Substituting and
altering
188 trademarks,
trade names or
service marks
Unfair
competition,
fraudulent REPEALED BY RA 8293 (INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES)
registration of
trade-mark,
189 trade-name or
service mark,
fraudulent
designation of
origin, and false
description
RA 8293 (INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES)
Elements: Trademark - means the name or designation

2yrs to 5yrs
Sec 1. Validity of plaintiff’s mark identifying or distinguishing an enterprise
Infringement Any person imprisonment + 200k
155 2. Plaintiff’s ownership of the marks
fine
3. Use of the mark or its colorable imitation by the alleged The function of trademark is to indicate the origin
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infringer results in “likelihood of confusion” or ownership of the goods to which it is fixed
Trademark must not be merely descriptive or

generic
Test in determining confusing similarity:

1. Dominancy Test - focuses on similarity
2. Hollistic Test - requires that the entirety of
the marks in question in resolving
confusing similarity
Note: SC adopts Dominancy Test
Acts Punishable:
1. Selling of goods and giving them the general appearance of
goods of another manufacturer or dealer
2. By any artifice or device, employing any other means
calculated to induce the false belief that such person is Evidence of actual fraudulent intent is not
offering the services of another who has identified such necessary - intent is inferred from the similarity in
2yrs to 5yrs
Sec Unfair services in the mind of the public the appearance of the goods
Any person imprisonment + 200k
168 Competition 3. Making any false statement in the source of trade or
fine
committing any other act contrary to good faith of a nature Note: There can be a trademark infringement w/o
calculated to discredit the goods, business or services of unfair competition
another
Elements:
1. Confusing similarity in the general appearance of the goods
2. Intent to deceive the public and defraud a competitor
Elements:
1. Likely to cause confusion or to cause mistake or to deceive
False as to the affiliation, connection or association of such person
Sec designation of with another person, or as to the origin, sponsorship or 2yrs to 5yrs
RTC have jurisdiction over violations of
169. origin and false approval of his or her goods, services, or commercial Any person imprisonment + 200k
intellectual property rights
1 description or activities by another person fine
representation 2. In commercial advertising or promotion, misrepresents the
nature, characteristics, qualities, or geographic origin of his or
her another person’s goods, services or commercial activities
TITLE V: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
Limlingan 2018-2109 || 25
190
191
REPEALED BY RA 9165 (COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002)
192
193
RA 9165 (COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002)
Drug - Life imprisonment to death + 500k to 10M

fine
Precursor and essential chemical - 12 yrs, 1 day

to 20 yrs + 100k to 500k fine
Importation of dangerous drugs and/or controlled precursors and
Any person
essential chemicals Use of diplomatic passport - maximum penalty
Financier - maximum penalty
Protector or coddler - 12 yrs, 1 day to 20 yrs +

100k to 500k fine

fine

Sale, trading, administration, dispensation, delivery, distribution and W/in 100m from school - maximum penalty
transportation of dangerous drugs and/or controlled precursors and Any person
essential chemicals Use of Minors or mentally incapacitated -
maximum penalty

100k to 500k fine
Limlingan 2018-2109 || 26
fine

Selling to minor - maximum penalty

Maintenance of a dangerous drug den, dive, or resort Any person
Death, maintainer, owner/operator - fine 1M to
15M

100k to 500k fine
Employees or
visitors of a
Being employees or visitors of a dangerous drug den, dive, or resort dangerous drug 12yrs 1 day to 20 years + 100k to 500k fine
den, dive, or
resort

fine

Manufacturer of dangerous drugs and/or controlled precursors and to 20 yrs + 100k to 500k fine
Any person
essential elements

100k to 500k fine
Illegal chemicals diversion of controlled precursors and essential Precursor and essential chemical - 12 yrs, 1 day
Any person
chemicals to 20 yrs + 100k to 500k fine
Manufacture or delivery of equipment, instrument, apparatus and Manufacture/delivery - 12 yrs, 1 day to 20 yrs +
other paraphernalia for dangerous drugs and/or controlled precursors Any person 100k to 500k fine
and essential chemicals
Limlingan 2018-2109 || 27
Administering - 6months 1 day to 4yrs + 10k to
50k fine
Use of Minors or mentally incapacitated -

maximum penalty
10g, 50g, 500g - Life imprisonment to death +

500k to 10M fine
Possession of dangerous drugs Any person
Less - Life imprisonment + 400k to 500k fine
Possession of equipment, instruments, apparatus, and other

Any person 6months 1 day to 4yrs + 10k to 50k fine
paraphernalia for dangerous drugs
Possession of dangerous drugs during parties, social gatherings or

Any person Maximum penalty
meetings
Possession of equipment, instruments, apparatus, and other

paraphernalia for dangerous drugs during parties, social gathering or Any person Maximum penalty
meetings
1st offense - 6 months rehab

Use of dangerous drugs Any person
2nd offense - 6yrs 1 day tp 12 yrs + 50k to 200k
fine
Life imprisonment to death + 500k to 10M fine
Cultivation or culture of plants classified as dangerous drugs or are Financier - maximum penalty
Any person
sources thereof
100k to 500k fine
Failure to maintain and keep original records of transactions on

dangerous drugs and/or controlled precursors and essential Any person 1 yr 1 day to 6 yrs + 10k to 50k fine
chemicals
Unnecessary prescription of dangerous drugs Any person 12 yrs, 1 day to 20 yrs + 100k to 500k fine
Unlawful prescription of dangerous drugs Any person Life imprisonment to death + 500k to 10M fine
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TITLE VI: CRIMES AGAINST PUBLIC MORALS
PD 1602 (PRESCRIBING STIFFER PENALTIES IN ILLEGAL GAMBLING) [195-199]
med period OR 1k to
6k fine
Acts Punishable: Recidivist - Prision

1. Cockfighting, jueteng, jai-alai, or horse racing to include mayor med period +
bookie operations and game fixing, numbers, bingo and other 5k to 10k fine
forms of lotteries
2. Cara y cruz, pompiang, and the like Maintainer - Prision
3. 7-11 and game using dice mayor med period OR
4. Black jack, lucky nine, poker, and other card games 6k fine
5. Pak que, high and low, mahjong, domino, and other games
Acts punishable using plastic tiles Jueteng, Jai-alai,
195 Any person
in gambling 6. Slot machines, roulette, pinball, and other contraptions, and Lottery - Prision
devices correccional med
7. Dog racing, boat racing, car racing, and other forms of racing period OR 400 to 2k
8. Individual or team contests to include game fixing, point fine
shaving, and other machinations
9. Banking or percentage game or any other game or scheme Brgy Official -
whether upon chance or skill, wherein wagers consisting of temporary absolute
money, articles of value or representative of value are at disqualification
stake or made
Security official -
max period OR 500 to
2k fine
med period OR 1k to
Knowingly permitting any form of gambling referred to above to be 6k fine
carried on in an inhabited or uninhabited place or in any building, Any person
vessel or other means of transportation owned or controlled by him Recidivist - Prision
mayor med period +
5k to 10k fine
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Knowingly permitting any form of gambling to be carried on in a place
which has a reputation of a gambling place or that prohibited Prision correccional
Any person
gambling is frequently carried on therein or in a public or govt max period OR 6k fine
building or brgy hall
Acts punishable:
1. Importing into the Philippines from any foreign place or port Prision correccional
Importation, sale any lottery ticket or advertisement med period OR 1k to
and possession 2. Selling or distributing the name in connivance with the 6k fine Note: It is not necessary that the lottery tickets be
196 of lottery tickets importer Any person genuine. It is enough that they be given the
or 3. Possessing knowingly and with intent to use, lottery tickets or Recidivist - Prision appearance of lottery tickets
advertisements advertisement mayor med period +
4. Selling or distributing the same w/o connivance with the 5k to 10k fine
importer
Official - Prision
correccional max
period + 2k fine
Any other offender -

Prision Correccional
Betting in sports REPEALED BY PD 483 (Betting, Game-Fixing or Point-Shaving and med period + 1k fine
197 Any person
contests Machination in Sports Contests)
Public official or
employee - Prision
Correccional med
period + 1k fine +
perpetual
disqualification
Acts Punishable: Horses race not allowed by law:

1. Arresto menor OR
1. Betting on horse races during the periods not allowed by law 1. July 4 (Independence day)
Illegal betting on 200
198 2. Maintaining or employing a totalizer or other device or Any person 2. Dec 30 (Rizal day)
horse races 2. Arresto mayor OR
scheme for betting on races or realizing profit therefrom, 3. Any registration or voting days
200 to 2k fine
during the periods but allowed by law 4. Holy Thursday and Good friday
Financier - Prision
Correccional max
Illegal
199 REPEALED BY PD 449 Any person period + 2k fine with Note: Spectators in a cockfight are not liable
cockfighting
subsidiary
imprisonment
Limlingan 2018-2109 || 30
Any other offender -
Prision Correccional +
600-2k fine with
subsidiary
imprisonment
Decency - means propriety of conduct; proper

observance of the requirements of modesty,
good taste, etc
Elements:
Customs - established usage, social conventions
1. Offender performs an act or acts
carried on by tradition
2. Such act or acts be highly scandalous as offending against
decency or good customs Arresto Mayor + Public
200 Grave scandal Any person Grave scandal - consists of acts which are
3. The highly scandalous conduct is not expressly falling within censure
offensive to decency and good customs which,
any other article of this Code
having been committed publicly, have given rise
4. The act or acts complained of be committed in a public place
to public scandal to persons who have
or within the public knowledge or view
accidentally witnessed the sa,e
Note: Act must be performed in a public place or

within the public knowledge or view
Acts Punishable: Note: This offense in any of the forms mentioned

1. Publicly expounding or proclaiming doctrines openly contrary in the article is committed only when there is
to public morals publicity
2. Authors of obscene literature, publishing with their knowledge
in any form; the editors publishing such literature; and the Moral - implies conformity with the generally
owners/operators of the establishment selling the same accepted standards of goodness or rightness in
Immoral
3. Those who, in theaters, fairs, cinematographs or any other conduct or character, sometimes, specifically, to
doctrines,
place, exhibit, indecent or immoral plays, scenes, acts or sexual conduct
obscene Prision Mayor + 20k to
201 shows, whether live or in film, which are prescribed by virtue Any person
publications and 200k fine
hereof, shall include those which Obscene - something offensive to chastity,
exhibitions and
a. glorify criminals or condone crimes; decency, or delicacy
indecent shows
b. serve no other purpose but to satisfy the market for
violence, lust or pornography; Indecency - an act against the good behavior
c. offend any race or religion; and a just delicacy
d. tend to abet traffic in and use of prohibited drugs; and
e. are contrary to law, public order, morals, and good TEST OF OBSCENITY:
customs, established policies, lawful orders, decrees Whether the tendency of the matter charged as
Limlingan 2018-2109 || 31
and edicts obscene, is to deprave or corrupt those whose
4. Selling, giving away or exhibiting films, prints, engravings, minds are open to such immoral influences, and
sculpture or literature which are offensive to morals into whose hands such a publication may fall and
also whether or not such publication or act
shocks the ordinary and common sense of men
as an indecency
Acts Punishable:
1. Having no apparent means of subsistence, who has the
physical ability to work and who neglects to apply himself or
herself to some lawful calling
Arresto menor + 20k
2. Loitering about public or semi-public buildings or places or
fine
trampling or wandering about the country or the streets
Art 202 is not applicable to minors
without visible means of support
Vagrants and Recidivist - Arresto
202 3. Any idle or dissolute person who ledges in houses of ill fame; Any person
Prostitutes mayor med period to Only par 1 and 2 require absence of visible
ruffians or pimps and those who habitually associate with
Prision correccional means of support
prostitutes
min period + 20k to
4. Not being included in the provisions of other articles of this
200k fine
Code, shall be found loitering in any inhabited or uninhabited
place belonging to another without any lawful or justifiable
purpose
5. Prostitutes
TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS
Requisites:
1. Taking part in the performance of public functions in the govt
or performing in said govt or in any of its branches public
One appointed as laborer in the govt is not a
duties as an employee, agent or subordinate official of any
public officer
Who are public rank or class
203 -- --
officers 2. That his authority to take part in the performance of public
Note: But temporary performance of public
functions or to perform public duties must be
functions by a laborer makes him a public officer
a. By direct provision of law
b. By popular election
c. By appointment by competent authority
Knowingly Elements: Prision Mayor + Bad faith is the ground of liability

204 Judge
rendering unjust 1. Offender is a judge Perpetual absolute
Limlingan 2018-2109 || 32
judgement 2. He renders a judgement in a case submitted to him for disqualification Sources of unjust judgement
decision 1. Error
3. The judgement is unjust 2. Ill-will or revenge
4. The judge knows that his judgement is unjust 3. Bribery
Judgement must be contrary to law and not

supported by the evidence
Note: Does not apply to members of a collegiate

court
Elements: Manifestly unjust - even a person having a

Judgement 1. Offender is a judge meager knowledge of the law cannot doubt the
Arresto Mayor +
rendered 2. He renders a judgement in a case submitted to him for injustice
205 Judge temporary special
through decision
disqualification
negligence 3. The judgement is manifestly unjust Note: Abuse of discretion or mere error of
4. It is due to his inexcusable negligence or ignorance judgement is not punishable
Elements: Unjust - Arresto Mayor

Interlocutory order - issued by a court between
1. Offender is a judge min period +
Unjust the commencement and the end of a suit or
2. He performs the following acts: suspension
206 interlocutory Judge action and which decides some point or matter
a. Knowingly renders unjust interlocutory order or decree
order but which is not a final decision of the matter in
b. Renders a manifestly unjust interlocutory order or Negligence -
issue
decree through inexcusable negligence or ignorance suspension
Elements:
1. Offender is a judge
Malicious delay
2. There is a proceeding in his court
in the Prision correccional
207 3. He delays the administration of justice Judge Note: Mere delay w/o malice is not punishable
administration of min period
4. The delay is malicious that is, the delay is caused by the
justice
judge with deliberate intent to inflict damage on either party in
the case
Public officer or
Acts Punishable: officer of the
Prosecution of 1. Maliciously refraining from instituting prosecution against law who has a Crime must be proved before conviction for
offenses; violators of the law duty to cause dereliction
208 min period +
negligence and 2. Maliciously tolerating the commission of offenses the prosecution
suspension
tolerance of, or to Note: Not applicable to revenue officers
Elements: prosecute,
1. Offender is a public officer or officer of the law who has a duty offenses
Limlingan 2018-2109 || 33
to cause the prosecution of, or to prosecute, offenses
2. There is a dereliction of the duties of his office, that is,
knowing the commision of the crimes, he does not cause the
prosecution of the criminal or knowing that a crime is about to
be committed, he tolerates its commission
3. The offender acts with malice and deliberate intent to favor
the violator of the law
Acts punishable:
1. Causing damage to his client, either: In #1, there must be damage to his client
a. By any malicious breach of professional duty
Betrayal of trust
b. By inexcusable negligence or ignorance In #2, damage is not necessary
by an attorney
2. Revealing any of the secrets of his clients learned by him in
209 or solicitor -
his professional capacity Procurador judicial - a person who had some
revelation of
3. Undertaking the defense of the opposing part in the same practical knowledge of law and procedure, but
secrets
case w/o the consent of his 1st client, after having undertaken not a lawyer, and was permitted to represent a
the defense of said 1st client or after having received party in a case before an inferior court
confidential information from said client
Agreeing - Prision
Acts Punishable:
Mayor med to max +
1. Agreeing to perform or by performing, inconsideration of any
fine not less than the
offer, promise, gift, or present - an act constituting a crime, in
value of gift to not less
connection with the performance of his official duties. Note: The gift or present must have a value or be
than 3x the value of
2. Accepting a gift in consideration of the execution of an act capable of pecuniary estimation
the gift
which does not constitute a crime in connection with the
performance of his official duties. A promise to give gifts and a promise to commit
Accepting - Prision
3. Agreeing to refrain or by refraining from doing something an unlawful act by a public officer will be
Correccional med
which it is his official duty to do, in consideration of gift or Public officer or sufficient in direct bribery under the first form -
210 Direct Bribery period + fine note less
promise. employee penalty is for Art 210 and the penalty for the
than 2x the value of
unlawful act
the gift
Elements:
1. Offender is a public officer or employee Note: In the second form, gift must be accepted
Refraining - Prision
2. Offender accepts an offer or promise or receives a gift or
Correccional max
present by himself or through another Direct bribery is a crime involving moral turpitude
period to Prision
3. Such offer or promise be accepted or gift or present received
mayor min period +
by public officer
fine not less than 3x
a. With a view to committing some crime
the value of such gift
b. In consideration of the execution of an act which does
Limlingan 2018-2109 || 34
not constitute a crime, but the act must be unjust
c. To refrain from doing something which it is his official
duty to do
4. The act which the offender agrees to perform or which he
executed be connected with the performance of his official
duties
Gift is usually given to the public officer in

anticipation of future favor
Elements:
Arresto Mayor min to
1. Offender is a public officer
211 Indirect Bribery Public officer med period + public Note: It is necessary that he accepts the gifts
2. He accepts gifts
censure
3. Said gifts are offered to him by reason of his office
Receiving gifts for any occasion including
Christmas is punishable
Elements:
1. Offender is a public officer entrusted with law enforcement
Public officer
2. Offender refrains from arresting or prosecuting an offender
211 entrusted with Reclusion perpetua to
Qualified Bribery who has committed a crime punishable by reclusion perpetua
-A law death
and/or death
enforcement
3. The offender refrains from arresting or prosecuting the
offender in consideration of any promise, gift or present
Agreeing - Prision Mayor

med to max + fine not
less than the value of gift
Elements: to not less than 3x the
1. Offender makes offers or promises or gives gifts or presents value of the gift
Corruption of to a public officer
212 Any person Note: Offender is the giver of gift
public officials 2. The offers or promises are made or the gifts or presents Refraining - Prision
given to a public officer, under circumstances that will make Correccional max period
the public officer liable for direct bribery or indirect bribery to Prision mayor min
period + fine not less
than 3x the value of such
gift
RA 3019 (ANTI-GRAFT AND CORRUPT PRACTICES ACT)
1. Acts Punishable: Public officers 6 years, 1 month to 15 Note: Requesting or receiving gifts is not
Section 3(a)
2. Persuading, inducing, or influencing another public official to Private years + perpetual required
Limlingan 2018-2109 || 35
perform an act constituting a violation of rules and regulation individuals disqualification
or an offense in connection with the official duties of the latter It is necessary that the accused acted for
or allowing himself to be persuaded to commit such violation Public officer - + 1k to consideration and had intended to obtain
5k fine personal gain
Suspension is not automatic and maximum

preventive suspension is 90 days
6 years, 1 month to 15 Note: A preliminary investigation by a fiscal is not

Acts Punishable:
years + perpetual a contract or transaction
Directly or indirectly requesting or receiving any gift, present, share,
disqualification
Section 3(b) percentage or benefit with any contract or transaction between the Public officers
The public officer has to intervene under the law
Government and any other party, wherein the public officer in his
Public officer - + 1k to in any contract or transaction between the
official capacity has to intervene under the law
5k fine Government and any other party.
Acts Punishable:
6 years, 1 month to 15
Directly or indirectly requesting or receiving any gift, present or other
years + perpetual
pecuniary or material benefit, for himself or for another, from any The public officer has secured or obtained, or will
disqualification
Section 3(c) person for whom the public officer, in any manner or capacity, has Public officers secure or obtain, any Government permit or
secured or obtained, any Government permit or license, in license for another person
Public officer - + 1k to
consideration for the help given or to be given, without prejudice to
5k fine
Section 13 of this act.
Public officer had or has a pending official
Acts Punishable: years + perpetual
business with a private enterprise.
Accepting or having any member of his family accept employment in disqualification
Section 3(d) Public officers
a private enterprise which has pending official business with him
Note: Only refers to private enterprise. Does not
during the pendency thereof or within 1 year after his termination. Public officer - + 1k to
include GOCCs
5k fine
Acts Punishable:
Causing any undue injury to any party, including the Government, or 6 years, 1 month to 15 Note: Public officer must act thru manifest
giving any private party any unwarranted benefits, advantage or years + perpetual partiality, evident bad faith, or gross inexcusable
preference in the discharge of his official, administrative or judicial disqualification negligence.
Section 3(e) Public officers
functions through manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply to officers and Public officer - + 1k to The last sentence is intended to make clear the
employees of offices or government corporations charged with the 5k fine inclusion of officers and employees of GOCCs
grant of licenses or permits or other concessions.
Acts Punishable: 6 years, 1 month to 15

Section 3(f) Public officers
Neglecting or refusing, after due demand or request, without years + perpetual
Limlingan 2018-2109 || 36
sufficient justification, to act within a reasonable time on any matter disqualification
pending before him for the purpose of obtaining, directly or indirectly,
from any person interested in the matter some pecuniary or material Public officer - + 1k to
benefit or advantage, or for the purpose of favoring his own interest 5k fine
or giving undue advantage in favor of or discriminating against any
other interested party.
Note: It is not necessary that the public officer
Acts Punishable: years + perpetual
profited or will profit thereby.
Entering, on behalf of the Government, into any contract or disqualification
Section 3(g) Public officers
transaction manifestly and grossly disadvantageous to the same,
The act is malum prohibitum, it is the act that is
whether or not the public officer profited or will profit thereby. Public officer - + 1k to
punished by law.
5k fine
Acts Punishable: Note: Actual intervention is required.
years + perpetual
Director or indirectly having financing or pecuniary interest in any
disqualification
Section 3(h) business, contract or transaction in connection with which he Public officers The official need not dispose his shares in the
intervenes or takes part in his official capacity, or in which he is corporation as long as he does not do anything
prohibited by the Constitution or by any law from having any interest. for the firm in its contract with the office.
5k fine
Acts Punishable:
Directly or indirectly becoming interested, for personal gain, or
having a material interest in any transaction or act requiring the
approval of a board, panel or group of which he is a member, and 6 years, 1 month to 15
which exercises discretion in such approval, even if he votes against years + perpetual
the same or does not participate in the action of the board, disqualification Note: Public officer is liable even if he vote
Section 3(i) Public officers
committee, panel or group. against the same
Interest for personal gain shall be presumed against those public 5k fine
officers responsible for the approval of manifestly unlawful,
inequitable, or irregular transaction or acts by the board, panel or
group to which they belong.
Acts Punishable:
years + perpetual
Knowingly approving or granting any license, permit, privilege or
disqualification Note: Requesting or receiving any gift, present or
Section 3(j) benefit in favor of any person not qualified for or not legally entitled to Public officers
benefit is not required in this provision
such license, permit, privilege or advantage, or of a mere
representative or dummy of one who is not so qualified or entitled.
5k fine
Limlingan 2018-2109 || 37
Acts Punishable:
years + perpetual
Divulging valuable information of a confidential character, acquired
disqualification
Section 3(k) by his office or by him on account of his official position to Public officers
unauthorized persons, or releasing such information in advance of its
authorized release date.
5k fine
Acts Punishable:
(a) Taking advantage of family or close personal relation with public
official Private
Section 4 years + perpetual
Individual
disqualification
(b) Knowingly inducing or causing any public official to commit any of
the offenses defined in Section 3 hereof.
Spouse, any relative by consanguinity or affinity

within the third civil degree
Exceptions:
years + perpetual
Prohibition on certain relatives of the President, Vice President, 1. Any person who already has dealing prior
disqualification
Section 5 Senate President, and Speaker to intervene in any business with the Any person to the assumption of office of their relative
Government 2. Any application filed by him, the approval
of which does not depend on the officer
5k fine
but on compliance of requisites of the law
3. Any act lawfully performed in official
capacity or in the exercise of profession
It shall be unlawful hereafter for any Member of the Congress during

the term for which he has been elected, to acquire or receive any
personal pecuniary interest in any specific business enterprise which
will be directly and particularly favored or benefited by any law or
resolution authored by him previously approved or adopted by the 6 years, 1 month to 15
Congress during the same term. years + perpetual
Members of disqualification
Section 6
The provision of this section shall apply to any other public officer Congress
who recommended the initiation in Congress of the enactment or Public officer - + 1k to
adoption of any law or resolution, and acquires or receives any such 5k fine
interest during his incumbency.
It shall likewise be unlawful for such member of Congress or other

public officer, who, having such interest prior to the approval of such
Limlingan 2018-2109 || 38
law or resolution authored or recommended by him, continues for
thirty days after such approval to retain such interest.
1year imprisonment or
Section 7 Requirement of SALN Public Officer Within the month of January of every other year
not less than 100k fine
Note: Suspension is mandatory but not

automatic. There must be a hearing first on the
validity of the information
Maximum duration of preventive suspension is

Section 13 Suspension and loss of benefits 90 days
RA 1379 or the Anti-Graft Law is not a criminal

proceeding because it does not terminate in the
imposition of penalty but merely in the forfeiture
of properties illegally acquired
Acts Punishable:
1. Entering into an agreement with any interested party or
speculator or making use of any other scheme, to defraud the
Note: The public officer must act in his official
Government, in dealing with any person with regard to
capacity
furnishing supplies, the making of contracts, or the
adjustment or settlement of accounts relating to public
It is not necessary that the gov’t is actually
property or funds
defrauded, it is sufficient that the public officer
who acted in his official capacity had the intent to
Elements: Prision correccional
Frauds against defraud the gov’t
1. Offender is a public officer med period to Prision
the public Public officer or
213 2. He should have taken advantage of his office Mayos min period OR
treasury and employee Mere demand for larger or different amount is
3. He entered into an agreement with any interested 40k - 2M fine OR
similar offenses sufficient to consummate illegal exaction
party or speculator or made use of any other scheme BOTH
with regard to:
When there is deceit in demanding greater fees
a. Furnishing supplies
than those prescribed by law, the crime is estafa
b. Making contracts
and not illegal exaction
c. The adjustment or settlement of accounts
relating public property or funds
Officers of BIR are not covered by this article
4. Accused had intent to defraud the Government
2. Demanding, directly or indirectly, the payment of sums

Limlingan 2018-2109 || 39
different from or larger than those authorized by law, in the
collection of taxes, licenses, fees, and other imposts.
3. Failing voluntarily to issue a receipt, as provided by law, for
any sum of money, collected by him officially, in the collection
of taxes, licenses, fees, and other imposts
4. Collecting or receiving, directly or indirectly, by way of
payment or otherwise, things or objects of a nature different
from that provided by law, in the collection of taxes, licenses,
fees, and other imposts
Elements of Illegal Exaction:

1. Offender is a public officer entrusted with the collection of
taxes, licenses, fees, and other imposts
2. He is guilty of any of the acts or omissions enumerated in 2-3
Elements:
2. He takes advantage of his official position
3. He commits any of the frauds or deceits enumerated in Art
315 to 318
Article 315:
1. With unfaithfulness or abuse of confidence, namely:
(a) By altering the substance, quantity, or quality or anything of value which

the offender shall deliver by virtue of an obligation to do so, even though Penalty prescribed in
such obligation be based on an immoral or illegal consideration. the provision violated Note: The public officer must take advantage of
Public officer or + temporary special his official position
214 Other frauds (b) By misappropriating or converting, to the prejudice of another, money, employee disqualification max
goods, or any other personal property received by the offender in trust or on period to perpetual RTC has jurisdiction when this article is involved
commission, or for administration, or under any other obligation involving special disqualification
the duty to make delivery of or to return the same, even though such
obligation be totally or partially guaranteed by a bond; or by denying having
received such money, goods, or other property.
(c) By taking undue advantage of the signature of the offended party in

blank, and by writing any document above such signature in blank, to the
prejudice of the offended party or of any third person.
2. By means of any of the following false pretenses or fraudulent acts

executed prior to or simultaneously with the commission of the fraud:
Limlingan 2018-2109 || 40
(a) By using fictitious name, or falsely pretending to possess power,
influence, qualifications, property, credit, agency, business or imaginary
transactions, or by means of other similar deceits.
(b) By altering the quality, fineness or weight of anything pertaining to his art
or business.
(c) By pretending to have bribed any Government employee, without

prejudice to the action for calumny which the offended party may deem
proper to bring against the offender. In this case, the offender shall be
punished by the maximum period of the penalty.
(d) By post-dating a check, or issuing a check in payment of an obligation

when the offender therein were not sufficient to cover the amount of the
check. The failure of the drawer of the check to deposit the amount
necessary to cover his check within three (3) days from receipt of notice
from the bank and/or the payee or holder that said check has been
dishonored for lack of insufficiency of funds shall be prima facie evidence of
deceit constituting false pretense or fraudulent act. (As amended by R.A.
4885, approved June 17, 1967.)
(e) By obtaining any food, refreshment or accommodation at a hotel, inn,

restaurant, boarding house, lodging house, or apartment house and the like
without paying therefor, with intent to defraud the proprietor or manager
thereof, or by obtaining credit at hotel, inn, restaurant, boarding house,
lodging house, or apartment house by the use of any false pretense, or by
abandoning or surreptitiously removing any part of his baggage from a
hotel, inn, restaurant, boarding house, lodging house or apartment house
after obtaining credit, food, refreshment or accommodation therein without
paying for his food, refreshment or accommodation.
3. Through any of the following fraudulent means:
(a) By inducing another, by means of deceit, to sign any document.
(b) By resorting to some fraudulent practice to insure success in a gambling

game.
(c) By removing, concealing or destroying, in whole or in part, any court

record, office files, document or any other papers.
Art 316:
1. Any person who, pretending to be owner of any real property, shall
convey, sell, encumber or mortgage the same.
Limlingan 2018-2109 || 41
2. Any person, who, knowing that real property is encumbered, shall
dispose of the same, although such encumbrance be not recorded.
3. The owner of any personal property who shall wrongfully take it from its
lawful possessor, to the prejudice of the latter or any third person.
4. Any person who, to the prejudice of another, shall execute any fictitious
contract.
5. Any person who shall accept any compensation given him under the
belief that it was in payment of services rendered or labor performed by him,
when in fact he did not actually perform such services or labor.
6. Any person who, while being a surety in a bond given in a criminal or civil
action, without express authority from the court or before the cancellation of
his bond or before being relieved from the obligation contracted by him,
shall sell, mortgage, or, in any other manner, encumber the real property or
properties with which he guaranteed the fulfillment of such obligation.
Art 317: Swindling a Minor
Art 318:
Any person who, for profit or gain, shall interpret dreams, make forecasts,
tell fortunes, or take advantage of the credulity of the public in any other
similar manner
Transaction must be one of exchange or

speculation
Elements:
1. Offender is an appointive public officer
Purchasing of stocks or shares is not a violation
2. He becomes interested, directly or indirectly, in any
Prision Correccional of this article but buying regularly securities for
Prohibited transaction of exchange or speculation Public officer or
215 Min Period OR 40k - resale is speculation
Transactions 3. The transaction takes place within the territory subject to his employee
200k fine OR BOTH
jurisdiction
Appointive Public Office:
4. He becomes interested in the transaction during his
1. Justices, judges, fiscals
incumbency
2. Employees engaged in the collection and
administration of public funds
Possession of Acts Punishable: Public officer or Arresto Mayor med

216 Prohibited 1. Public officer who, directly or indirectly, became interested in employee period to Prision Note: Actual fraud is not necessary
Interest by a any contract or business in which it was his official duty to Experts, Correccional min
Limlingan 2018-2109 || 42
Public Officer intervene arbitrators and period OR 40k - 200k
2. Experts, arbitrators, and private accountants who, in like private Fine OR BOTH
manner, took part in any contract or transaction connected accountants
with the estate or property in the appraisal, distribution or Guardians and
adjudication of which they had acted executors
3. Guardians and executors with respect to the property
belonging to their wards or the estate
Malversation - also called embezzlement

<40k - Prision
Correccional med to
Nature of the duties of the public officer and not
max periods
Acts Punishable: the name of the office is controlling.
1. Appropriating public funds or property
40k to 1.2M - Prision
2. Taking or misappropriating the same Funds or property must be received in official
Mayor min to med
3. Consenting or through abandonment or negligence, capacity
period
permitting any other person to take such public funds or
property Note: A public officer having only charge of gov’t
1.2M to 2.4M - Prision
4. Being otherwise guilty of the misappropriation or malversation property w/o authority to part with physical
Mayor max period to
of such funds or property possession of it unless upon order from his
Malversation of Reclusion Temporal
Public officer or immediate superior, cannot be held liable for
217 public funds or min period
Elements: employee malversation.
property
2.4M to 4.4M -
2. He had the custody or control of funds or property by reason A private individual guilty of conspiracy is also
Reclusion Temporal
of the duties of his office liable for malversation
med to max period
3. Those funds or property were public funds or property for
which he was accountable In malversation not committed through
4.4M to 8.8M -
4. He appropriated, took, misappropriated or consented or, negligence, lack of criminal intent or good faith is
Reclusion Temporal
through abandonment or negligence, permitted another a defense
max period
person to take them
Note: There is presumption of malversation if
>8.8M - Reclusion
public funds is missing
perpetua
>return of funds is only mitigating, not exempting
Elements:
Failure of
1. The offender is a public officer, whether in the service or Prision Correccional Note: Demand for accounting is not necessary
accountable Public officer or
218 separated therefrom min period OR 40k to
officer to render employee
2. He must be an accountable officer for public funds or property 1.2M fine OR BOTH Misappropriation is not necessary
accounts
3. He is required by law or regulation to render accounts to the
Limlingan 2018-2109 || 43
COA or to a provincial auditor
4. He fails to do so for a period of 2 months after such accounts
should be rendered
Failure of a Elements:
responsible 1. Offender is a public officer
public officer to 2. He must be an accountable officer for public funds or property Public officer or Arresto Mayor OR 40k The act of leaving the country must be
219
render accounts 3. He must have unlawfully left (or be on the point of leaving) employee to 200k fine OR BOTH unauthorized or not permitted by law
before leaving the Philippines w/o securing from COA a certificate showing
the country that his accounts have been finally settled
Elements: min period OR fine
1. Offender is a public officer ranging from ½ of the
2. There is public fund or property under his administration total value of the sum
Illegal use of Note: There is no technical malversation if there
3. Such public fund or property has been appropriated by law or Public officer or misapplied if there is
220 public funds or is no law or ordinance appropriating public funds
ordinance employee damage
property or property for a particular purpose
4. He applies the same to a public use other than that for which
such fund or property has been appropriated by law or If no damage, 5 to
ordinance 50% of the sum
misapplied
Acts Punishable:
1. Failing to make payment by a public officer who is under
obligation to make such payment from Government funds in
his possession
Failure to make Elements: Arresto Mayor + 5 to

delivery of public 1. The public officer has gov’t funds in his possession Public officer or 25% of the sum he Refusal to make delivery of property must be
221
funds or 2. He is under obligation to make payment from such employee failed to pay but not malicious.
property funds less than 10k
3. He fails to make payment maliciously
2. Refusing to make delivery by a public officer who has been

ordered by competent authority to deliver any property in his
custody or under his administration
Acts Punishable: Public officers Note: Purpose of Art 222 is to extend the
Officers included
1. Private individuals who, in any capacity whatever, have or employee, provisions of this code to private individuals
222 in the preceding
charge of any national, provincial or municipal funds, revenue Private
provisions
or property individuals Sheriffs and receivers fall under the term
Limlingan 2018-2109 || 44
2. Administrator or depository of funds or property, attached, administrator but judicial administrator is not
seized or deposited by public authority, even if such property covered by this article
belongs to a private individual
Final Judgement -
med to max period +
Elements: temporary special Note: Leniency or laxity is not infidelity as long as
1. Offender is a public officer disqualification max the prisoner is still duly guarded
Conniving with
2. He had in his custody or charge, a prisoner, either detention Public officer or period to perpetual
223 or consenting to
prisoner or prisoner by final judgement employee special disqualification However, relaxation of imprisonment to the point
evasion
3. Such prisoner escaped from his custody that the penalty is ineffectual is considered
4. He was in connivance with the prisoner in the latter’s escape Detention - Prision infidelity
Correccional min
period + temporary
special disqualification
What is punished in evasion thru negligence is

Elements: Arresto Mayor max such a definite laxity as all but amounts to
1. Offender is a public officer period to Prision deliberate non-performance of duty on the part of
Evasion through Public officer or
224 2. He is charged with the conveyance or custody of a prisoner, Correccional min the guard
negligence employee
either detention prisoner or prisoner by final judgement period + temporary
3. Such prisoner escapes through his negligence special disqualification Recapturing the prisoner does not afford
complete exculpation
Elements:
1. Offender is a private person
Escape of
2. The conveyance or custody of a prisoner or person under
prisoner under
arrest is confided to him Arrest Menor to
225 the custody of a Private person
3. Prisoner or person under arrest escapes Arresto Mayor
person not a
4. The offender consents to the escape of the prisoner or
public officer
person under arrest, or that the escape takes place through
his negligence
Elements: Serious - Prision Note: Public officer must be officially entrusted

1. Offender is a public officer Mayor + 200k fine with the documents or papers
Removal,
2. He abstracts, destroys or conceals documents or papers
concealment or Public officer or
226 3. The said documents or papers should have been entrusted to Not Serious - Prision The document must be complete and one by
destruction of employee
such public officer by reason of his office Correccional + 200k which a right could be established or an
documents
4. That damage, whether serious or not, to a third party or to the fine obligation could be extinguished
public interests should have been caused
Limlingan 2018-2109 || 45
In both cases, + Note: This article does not include books,
temporary special periodicals, pamphlets, etc
disqualification max
period to perpetual Post office official who retained the mail w/o
special disqualification forwarding the letters to their destination is guilty
of infidelity in the custody of papers
Note: The removal must be for illicit purpose

a. To tamper with it
b. To profit by it
c. To commit an act constituting a breach of
trust in the official care thereof
However, destroying or concealing does not

require proof of illicit purpose
Delivering document to the wrong party is also a

violation of this article
Note: There must be a damage, great or small, to

the 3rd party or to public interest
Elements: Prision Correccional

1. The offender is a public officer min and med period + Note: Damage or intent to cause damage is not
Officer breaking Public officer or
227 2. He is charged with the custody of papers or property temporary special necessary. Crime is consummated by the act of
seal employee
3. These papers or property are sealed by proper authority disqualification + 400k breaking or permitting seal to be broken
4. He breaks the seals or permits them to be broken fine
Elements: Closed documents must be entrusted to the

1. Offender is a public officer custody of the accused by reason of his office
Arresto Mayor +
Opening of 2. Any closed papers, documents, or objects are entrusted to
Public officer or temporary special
228 closed his custody Note: The act should not fall under Art 227
employee disqualification + 400k
documents 3. He opens or permits to be opened said closed papers,
fine
documents, or objects Damage or intent to cause damage is not an
4. He does not have proper authority element of the offense
Acts Punishable: Serious - Prision For Act 1, secrets must affect public interests
Revelation of
1. Revealing any secrets known to the offending officer by Public officer or Correccional med to and does not include secrets of private persons.
229 secrets by an
reason of his official capacity employee max period +
officer
Elements: perpetual special This article does not also include confidential
Limlingan 2018-2109 || 46
1. Offender is a public officer disqualification + 400k secrets covered by Art 117 (Espionage)
2. He knows of a secret by reason of his official capacity fine
3. He reveals such secret w/o authority or justifiable Note: There must be damage to public interest
reasons Not Serious - Prision
4. Damage, great or small, be caused to the public Correccional min
interest period + temporary
2. Delivering wrongfully papers or copies of papers of which he + 100k fine
may have charge and which should not be published
Elements:
2. He has charge of papers
3. Those papers should not be published
4. He delivers those papers or copies thereof to a third
person or copies thereof to a third person
5. The delivery is wrongful
6. Damage is caused to public interest
Note: Revelation to one person is sufficient,

Elements: public revelation is not necessary
Public officer
revealing Public officer or Arresto Mayor + 200k
230 2. He knows of the secrets of a private individual by reason of When the offender is an attorney-at-law, Art 230
secrets of employee fine
his office is not applicable. Offense is under 209
private individual
3. He reveals such secrets w/o authority or unjustifiable reason
Damage to private individuals is not necessary
Elements:
1. Offender is a judicial or executive officer
Arresto Mayor med
2. There is a judgement, decision or order of a superior authority
period to Prision
3. Such judgement, decision or order was made within the Judicial or
Open Correccional min
231 scope of the jurisdiction of the superior authority and issued Executive
disobedience period + temporary
with all the legal formalities Officer
4. The offender w/o any legal justification openly refuses to
max period + 200k fine
execute the said judgement, decision or order, which he is
duty bound to obey
Disobedience to Elements: Public officer or Prision Correccional This article does not apply if the order of the
232
order of superior 1. Offender is a public officer Employee min to med period + superior is illegal
Limlingan 2018-2109 || 47
officer, when 2. An order is issued by his superior for execution perpetual special
said order was 3. He has for any reason suspended the execution of such order disqualification Officer will only be liable after the superior
suspended by 4. His superior disapproves the suspension of the execution reiterates the order
inferior officer 5. Offender disobeys his superior despite the disapproval of
suspension
Serious damage -
Arresto Mayor med
period to Prision
Elements:
Correccional min
1. Offender is a public officer Note: There must be a demand from competent
period + perpetual
Refusal of 2. A competent authority demands from the offender that he Public officer or authority
233 special disqualification
assistance lend his cooperation towards the administration of justice or Employee
+ 200k fine
other public service Damage to public interest is essential
3. The offender fails to do so maliciously
Not Serious - Arresto
Mayor med to max
period + 100k fine
Elements:
1. Offender is elected by popular election to public office
Refusal to
2. He refuses to be sworn in or to discharge the duties of said Arresto Mayor OR
234 discharge Elected official Note: Not applicable to appointive officer
office 200k fine OR BOTH
elective office
3. There is no legal motive for such refusal to be sworn in or to
discharge the duties of said office
Elements:
1. Offender is a public officer or employee For letter a - Prision
2. He has under his charge a prisoner or detention prisoner Correccional med
3. He maltreats such prisoner in either of the following manners: period to Prision
Offended party must be a convict or detention
a. By overdoing himself in the correction or handling of a Mayor min period
prisoner
Maltreatment of prisoner or detention prisoner under his charge either: Public officer or
235
prisoners i. By the imposition of punishments not employee For letter b - Prision
Offender may also be liable for physical injuries
authorized by the regulations or; Mayor min period +
or damage caused
ii. By inflicting such punishment (those temporary special
authorized) in a cruel and humiliating manner disqualification + 100k
b. By maltreating such prisoner to extort confession or to fine
obtain some information from the prisoner
Anticipation of Elements: Any person

236 duties of a 1. Offender is entitled to hold a public office or employment, entitled to public 40k to 100k fine
public office either by election or appointment office
Limlingan 2018-2109 || 48
2. The law requires that he should first be sworn in and/or
should first give a bond
3. He assumed the performance of the duties and powers of
such office
4. He has not taken his oath of office and/or given the bond
required by law
Elements: Prision Correccional Officers Contemplated:

Prolonging
1. Offender is holding a public office min period + 1. Suspended
performance of
237 2. The period provided by law, regulations or special provisions Public officer temporary special 2. Separated
duties and
for holding such office, has already expired disqualification min 3. Declared overaged
powers
3. He continues to exercise the duties and powers of such office period + 100k fine 4. Dismissed
Arresto Mayor
Elements:
Title 1,3 - Prision
Abandonment of Public officer or Correccional min to Note: There must be a written or formal
238 2. He formally resigns from his position
office or position employee med periods resignation
3. His resignation has not yet been accepted
4. He abandons his office to the detriment of the public service
Other crimes - Arresto
Mayor
Elements:
1. Offender is an executive or judicial officer Prision Correccional
Usurpation of 2. He either : Judicial or min period +
239 legislative a. Makes general rules or regulations beyond the scope Executive temporary special
powers of his authority Officer disqualification + 200k
b. Attempts to repeal a law fine
c. Suspends the execution thereof
Elements:
1. Offender is a judge
Arresto Mayor med
Usurpation of 2. He either: Note: Legislative officers are not liable under this
period to Prision
240 executive a. Assumes a power pertaining to the executive Judge article. They are liable under Art 177 (Usurpation
Correccional min
functions authorities of authority or official functions)
period
b. Obstructs the executive authorities in the lawful
exercise of their powers
Elements: Arresto Mayor med The purpose of Art 239-241 is to maintain the
Usurpation of Executive
241 1. Offender is an officer of the executive branch of the gov’t period to Prision separation of powers and independence of the
judicial functions officer
2. He either: Correccional min three great branches of gov’t
Limlingan 2018-2109 || 49
a. Assumes judicial powers period
b. Obstructs the execution of any order or decision
rendered by any judge within his jurisdiction
Elements:
2. A proceeding is pending before such public officer
Disobeying Note: The disobedient public officer is liable even
3. There is a question brought before the proper authority Arresto Mayor + 100k
242 request for Public officer if the jurisdictional question is resolved in his
regarding his jurisdiction, which is not yet decided fine
disqualification favor
4. He has been lawfully required to refrain from continuing the
proceeding
5. He continues the proceeding
Elements:
Orders or Purpose of this article is to maintain the
1. Offender is an executive officer
requests by independence of the judiciary
2. He addresses any order or suggestion to any judicial Executive Arresto Mayor + 100k
243 executive
authority officer fine
officers to any Note: Legislative or judicial officers are not liable
3. That the order or suggestion relates to any case or business
judicial authority under this article
coming within the exclusive jurisdiction of the courts of justice
Elements:
1. Offender is a public officer Note: Recommendation is not punishable
2. He nominates a person to a public office
Unlawful Arresto Mayor + 200k
244 3. Such person lacks the legal qualification therefor Public officer There must be a law providing for the
appointments fine
4. The offender knows that his nominee or appointee lacks the qualifications of a person to be nominated or
qualifications at the time he made the nomination or appointed
appointment
Acts Punishable:
1. Soliciting or making immoral or indecent advances to a For #1, 2 - Prision
Note: The mother of the person in custody is not
woman interested in matters pending before the offending Correccional med to
included
officer for decision, or with respect to which he is required to max period +
submit a report to or consult with a superior officer temporary special
Solicit - propose earnestly and persistently
2. Soliciting or making immoral or indecent advances to a disqualification
Abuse against something unchaste and immoral to a woman
245 woman under the offender’s custody Public officer
chastity
3. Soliciting or making immoral or indecent advances to the For #3 - Prision
The crime is consummated by mere proposal
wife, daughter, sister or relative within the same degree by Correccional min to
affinity of any person in the custody of the offending warden med period +
Proof of solicitation is not necessary when there
or officer temporary special
is sexual intercourse
disqualification
Elements:
Limlingan 2018-2109 || 50
2. He solicits or makes immoral to a woman
3. That such woman is any of the mentioned above
Limlingan 2018-2109 || 51
TITLE VIII: CRIMES AGAINST PERSONS
Note: Relationship is the essential element
Elements: The child should not be less than 3 days old,

1. A person is killed otherwise it will be infanticide
2. The deceased is killed by the accused
246 Parricide Any person Reclusion Perpetua
3. The deceased is the father, mother or child, whether Note: Relationship must be alleged in the
legitimate or illegitimate, or a legitimate other ascendant or information
descendant or the legitimate spouse of the accused
Parricide by error in personae is covered by Art
49
Note: This article does not penalize or define a

felony.
Wife is entitled to the benefits of this article
Elements: This article applies only if the daughter is single.

1. A legally married person or a parent surprises his spouse or
daughter, the latter under 18 years of age and living with him, The killing must be the direct by-product of the
Death or in the act of committing sexual intercourse with another accused’s rage
Physical Injuries person
Spouses,
247 Inflicted under 2. He or she kills any or both of them or inflicts upon any or both Destierro Note: There is no criminal liability when less
Parents
Exceptional of them any serious physical injury in the act or immediately serious or slight physical injuries are inflicted
Circumstances thereafter
3. He has not promoted or facilitated the prostitution of his wife In what cases is a person who committed
or daughter, or that he or she has not consented to the parricide not to be punished with reclusion
infidelity of the other spouse perpetua to death?
1. Parricide is committed through
negligence
2. Committed by mistake
3. Committed under exceptional
circumstance
Elements: Note: Intent to kill is necessary but is also presumed

248 Murder Any person Reclusion Perpetua
1. A person is killed when someone is killed and can be inferred from the
Limlingan 2018-2109 || 52
2. The accused killed him actions and weapon of the accused as well as the
3. The killing was attended by any of the following qualifying part of the body of the victim which was attacked
circumstances:
a. Treachery, taking advantage of superior strength, aid However, killing a person with treachery is murder
even if there is no intent to kill
of armed men, employing means to weaken the
defense or of means or persons to insure or afford Rules for the application of the qualifying
impunity circumstances:
b. Price, reward or promise 1. Murder will exist with only 1 of the qc; others
c. By means of inundation, fire, poison, explosion, must be considered aggravating
shipwreck, stranding of a vessel, derailment or assault 2. When other qc is absorbed by another, they
upon a streetcar or locomotive, fall of an airship, by cannot be a generic aggravating
means of motor vehicles, or with the use of any other 3. Any of the qc MUST be alleged in the
means involving great waste and ruin information
d. On occasion of any of the calamities enumerated in
Treachery - sudden and unexpected and the victim
the preceding paragraph, or of an earthquake,
was not in a position to defend themselves. Must be
eruption of a volcano, destructive cyclone, epidemic or consciously adopted by the offender
other public calamity
e. Evident premeditation Note: Killing a child of tender years is murder even if
f. With cruelty, by deliberately and inhumanly the manner of attack is not shown because treachery
augmenting the suffering of the victim, or outraging or exist
scoffing at his person or corpse
4. Killing is not parricide or infanticide In the aid of armed men, the armed men must take
part in the commission of the crime directly or
indirectly and the accused must avail himself of their
aid or rely upon them when the crime is committed
Employing means or persons to insure or afford

impunity
- Means or persons employed to prevent his
being recognized or to secure himself against
detection and punishment
By means of fire, poison, explosion, etc

- There should be an actual design to kill and
that the use of fire should be purposely
adopted as a means to that end
Note: Treachery and premeditation are inherent in

murder by poison
Requisites of Evident Premeditation:

1. The time when the offender determined to kill
Limlingan 2018-2109 || 53
his victim
2. An act of the offender manifestly indicating
that he clung to his determination to kill the
victim
3. Sufficient lapse of time (at least 3hrs)
With cruelty - the victim must be alive, otherwise it’s

outraging or scoffing at his corpse
Outraging - to commit an extremely vicious or deeply

insulting act
Scoffing - to jeer, and implies a showing of

irreverence
Note: Penalty is Reclusion Perpetua when the

victim is under 12 y/o
Evidence of intent to kill is important only in

attempted and frustrated homicide. Absent this, it
Elements:
will only be physical injuries
1. A person was killed
2. The accused killed him w/o any justifying circumstances
249 Homicide Any person Reclusion Temporal Use of unlicensed firearm is an aggravating
3. The accused had the intention to kill, which is presumed
circumstance in homicide
4. The killing was not attended by any of the qualifying
circumstances of murder, or by that of parricide or infanticide
Note: In all crimes against persons in which the
death of the victim is an element of an offense,
there must be satisfactory evidence of:
1. Fact of death
2. Identity of the victim
Penalty for Courts may impose a penalty two degrees lower

Frustrated for frustrated and 3 degrees lower for attempted
250 Parricide,
Murder or Note: An attempt to the life of the Chief Executive
Homicide is punishable by death
Elements: Serious Physical Tumultuous - at least 4 persons

Death Caused in 1. There be several persons injuries - Prision Mayor
251 a Tumultuous 2. They did not compose groups organized for the common Any person When there are 2 identified groups of men who
Affray purpose of assaulting and attacking each other reciprocally Cannot be determined assaulted each other, then there is no
3. These several persons quarreled and assaulted one another - Prision Correccional tumultuous affray because there is unity in the
Limlingan 2018-2109 || 54
in a confused and tumultuous manner med to max period common purpose to attack
4. Someone was killed in the course of the affray
5. It cannot be ascertained who actually killed the deceased
6. The person or persons who inflicted serious physical injuries
or who used violence can be identified
Elements:
1. There is a tumultuous affray as referred to in the preceding Note: The injured party in the crime of physical
article injuries inflicted in a tumultuous affray must be
Physical injuries
2. A participant or some participants thereof suffer serious one or some of the participants in the affray
inflicted in a Arresto Mayor 5-15
252 physical injuries or physical injuries of a less serious nature Any person
Tumultuous days
only Only those who used violence is liable
Affray
3. The person responsible thereof cannot be identified
4. All those who appear to have used violence upon the person Slight physical injuries is excluded
of the offended party are known
Assist - Prision Mayor
Acts Punishable: Extent of doing the

Note: Person who committed suicide is not liable
Giving 1. By assisting another to commit suicide, whether the suicide is killing himself -
253 Assistance to consummated or not Any person Reclusion Temporal
Assistance to suicide is different from mercy
Suicide 2. Lending his assistance to another to commit suicide to the
killing. Latter is murder
extent of doing the killing himself Not consummated -
Arresto Mayor med to
max period
Note: If the firearm is not discharged at a person,

there is no crime under this Article
Elements:
Discharge of Prision Correccional
254 1. Offender discharges a firearm against or at another person Any person THERE MUST BE NO INTENTION TO KILL
Firearms min to med period
2. Offender has no intention to kill that person
The purpose of the offender is only to intimidate
or frighten the offended party
Reclusion Perpetua Note: For the mother or maternal grandparents to

avail of mitigating circumstance, it must be to
Elements:
Mother - Prision Mayor conceal the dishonor of the mother
1. A child was killed
255 Infanticide Any person med to max period
2. Deceased child was less that 3 days old
Mother must be of good reputation
3. The accused killed the said child
Maternal
Grandparents - Stranger cooperating w/ mother is also guilty of
Limlingan 2018-2109 || 55
Reclusion Temporal infanticide but the penalty is for murder
There is no crime if the child is born dead or

although born alive, could not sustain an
independent life when it was killed
Acts Punishable:
1. Using any violence upon the person of a pregnant woman
2. Acting, but w/o using violence, w/o the consent of the woman
(by administering drugs or beverages)
Violence - Reclusion
3. Acting, w/ consent of the pregnant woman (by administering
Temporal
drugs or beverages)
Abortion, not infanticide, was committed if the
Intentional W/o Consent - Prision
256 Elements: Any person foetus could not sustain an independent life after
Abortion Mayor
1. There is a pregnant woman its separation from the maternal womb
2. Violence is exerted, or drugs or beverages administered, or
W/ Consent - Prision
that the accused otherwise acts upon such pregnant woman
Correccional
3. As a result of the use of violence or drugs or beverages upon
her, or any other act of the accused, the foetus dies, either in
the womb or after having expelled therefrom
4. Abortion is intended
Note: Unintentional abortion is committed only by

Elements: violence, that is, actual physical force
1. There is a pregnant woman
2. Violence is used upon such pregnant woman without The violence must be intentionally exerted
Unintentional Prision Correccional
257 intending an abortion Any person Note: The accused must have known of the
Abortion min to med periods
3. The violence is intentionally exerted pregnancy
4. The foetus dies as a result of the violence, either in the womb
or after having been expelled therefrom If the accused is the father of the child, the crim is
parricide with intentional abortion.
A, B, C - Prision
Note: Only the woman or any of her parents is
Elements: Correccional med to
Abortion liable under this Article, if the purpose of the
1. There is a pregnant woman who has suffered an abortion max period
Practiced by the Pregnant latter is to conceal her dishonor
2. The abortion is intended
258 Woman Herself Woman or her
3. The abortion is caused by: Woman to conceal
or by Her Parents There’s no mitigation for parents of pregnant
a. Pregnant woman herself dishonor - Prision
Parents woman even if the purpose is to conceal her
b. Any other person, with her consent Correccional min to
dishonor unlike in infanticide
c. Any of her parents, with her consent for the purpose med period
Limlingan 2018-2109 || 56
of concealing her dishonor
Elements:
1. There is a pregnant woman who has suffered an abortion
2. The abortion is intended
Abortion 3. The offender, who must be a physician or midwife, causes or Physician, Midwife - Note: It is NOT necessary that the pharmacist
Practiced by a assists in causing, the abortion Penalties in Art 256 in knows that the abortive would be used to cause
Physician,
Physician or 4. Said physician or midwife takes advantage of his or her max period an abortion
259 Midwife,
Midwife and scientific knowledge or skill
Pharmacist
Dispensing of Pharmacist - Arresto What is punished is the dispensing of abortive
Abortives Elements as to Pharmacists: Mayor + 100k fine w/o proper prescription from a physician
1. Offender is a pharmacist
2. There is no proper prescription from a physician
3. The offender dispenses any abortive
Duel - a formal or regular combat previously

concerted between 2 parties in the presence of 2
or more seconds of lawful age on each side, who
Act 1 - Reclusion
make the selection of arms and fix all the other
Acts Punishable: Temporal
conditions of the fight.
Responsibility of 1. Killing one’s adversary in a duel
260 Participants in a 2. Inflicting upon such adversary physical injuries Any person Act 2 - penalty
When there is an agreement to fight to the death,
Duel 3. Making a combat although no physical injuries have been according to injury
there is intent to kill on the part of the
inflicted
combatants. However, the Code disregards the
Act 3 - Arresto Mayor
intent to kill in considering the penalty for duel
when only physical injuries are inflicted upon the
adversary
Note: A challenge to fight, w/o contemplating a

Acts Punishable:
duel, is not challenging to a duel
1. Challenging another to a duel
Challenging to a Prision Correccional
261 2. Inciting another to give or accept a challenge to a duel Any person
Duel min period Persons responsible under this article:
3. Scoffing at or decrying another publicly for having refused to
1. Challenger
accept a challenge to a fight a duel
2. Instigators
Castration - Reclusion Mutilation - lopping or the clipping off of some

262 Mutilation Acts Punishable: Any person Temporal to Reclusion part of the body. The putting out of an eye does
1. Intentionally mutilating another by depriving him, either totally Perpetua not fall under this definition
Limlingan 2018-2109 || 57
or partially, of some essential organ for reproduction
Other - Prision Mayor Note: Mutilation MUST be intentional. If not
Elements: med to max period intentional, only serious physical injuries
1. There be a castration, that is, mutilation of organs
necessary for generation, such as the penis or Under 12 y/o - Mayhem - any other intentional mutilation
ovarium Reclusion Perpetua
2. The mutilation is caused and purposely and
deliberately, that is, to deprive the offended party of
some essential organ for reproduction
2. Intentionally making other mutilation, that is, by lopping or the

clipping off of some part of the body of the offended party,
other than the essential organ for reproduction, to deprive him
of that part of his body
Note: There must be no intent to kill
How is the physical injuries committed?

Acts Punishable: 1. Wounding
1. Injured person becomes insane, imbecile, impotent, or blind 2. Beating
Act 1 - Prision Mayor 3. Assaulting (art 263)
2. Injured person becomes: 4. Administering injurious substance (art 264)
a. Loses the use of speech or the power to hear or to Act 2 - Prision
smell or loses an eye, a hand, a foot, an arm, or a leg Correccional med to Impotent - inability to copulate or sterility
b. Loses the use of any such member max period
c. Becomes incapacitated for the work in which he was Under par 1, blindness must be of 2 eyes. Under par
2, loss of an eye only
Serious Physical therefore habitually engaged Act 3 - Prision
263 Any person
Injuries Correccional min to Loss of power to hear must be both ears, if one ear
med period only it’s under par 3
3. When the person injured:
a. Deformed Act 4 - Arresto Mayor Loss of use of hand or incapacity for usual work under
b. Loses any other member of his body max period to Prision par 2 must be permanent
c. Loses the use thereof Correccional min
d. Becomes ill or incapacitated for the performance of period Par 2 covers principal members of the bod, Par 3
the work in which he was habitually engaged for more covers any other member which is not a principal
than 90 days member
Deformity - physical ugliness, permanent and definite

4. The injured person becomes ill or incapacitated for labor for abnormality. Must be conspicuous and visible
more than 30 days
Limlingan 2018-2109 || 58
Note: If the scar is usually covered by dress or
clothes, it would not be conspicuous and visible
The injury contemplated by the Code is an injury that

cannot be repaired by the action of nature
Note: Loss of 1 tooth which impaired appearance is

deformity
Medical attendance is NOT importance in serious

physical injuries
The term work includes studies or preparation for a

preparation
For Par 2 and 3, injured person must have a vocation

or work
For Par 4, refers to any kind of work. Not necessarily

engaged in a vocation at the time of injury
Note: Lessening of efficiency due to injury is not

incapacity
Serious physical injuries by excessive chastisement

by parents not qualified
Elements: Note: It is frustrated murder when there is intent

Administering 1. Offender inflicted upon another any serious physical injury to kill
Injurious 2. It was done by knowingly administering to him any injurious Penalties under Art
264 Any person
Substance or substances or beverages or by taking advantage of his 263 If the accused did not know of the injurious
Beverages weakness of mind or credulity nature of the substances he administered, he is
3. He had no intent to kill not liable under this article
Arresto Mayor
Qualifying Circumstances:
Elements:
Insult - Arresto Mayor 1. There is a manifest intent to insult or
1. Offended party is incapacitated for labor for 10 days or more
Less Serious + 50k fine offend the injured person
265 or needs medical attendance for the same period of time Any person
Physical Injuries 2. Victim is the offender’s parents,
2. The physical injuries must not be those described in the
Parents, Authority - ascendants, guardians, curators, or
preceding articles
Prision Correccional teachers
min to med period 3. Victim is persons of rank or persons in
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authority, provided the crime is not direct
assault
Note: Medical attendance or incapacity is require

in less serious physical injuries. It MUST be
actual medical attendance. There must be proof
as to the period of the required medical
attendance
It is only slight physical injury when there is no

medical attendance or incapacity for labor
Acts Punishable: Act 1 - Arrest Menor When there is no evidence of actual injury, it is
1. Incapacitating the offended party for labor from 1-9 days or only slight physical injuries
Slight Physical required medical attendance during the same period Act 2 - Arresto Menor
266 Injuries and 2. Physical injuries which did not prevent the offended party Any person OR 40k fine Supervening event converting the crime into
Maltreatment from engaging in his habitual work or which did not require serious physical injuries after the filing of the
medical attendance Act 3 - Arrest Menor information for slight physical injuries can still be
3. Ill-treatment of another deed w/o causing any injury min period OR 5k fine subject of a new charge
RA 9262: Anti-Violence Act Against Women and Their Children Act of 2004
Acts Punishable: (a) Acts falling under Violence against women and their children - any
a. Causing physical harm to the woman or her child Section 5(a) act or a series of acts committed by any person
b. Threatening to cause the woman or her child physical harm constituting attempted, against a woman who is his wife, former wife, or
c. Attempting to cause the woman or her child physical harm frustrated or against a woman with whom the person has or
d. Placing the woman or her child in fear of imminent physical consummated had a sexual or dating relationship, or with whom
harm parricide or murder or he has a common child, or against her child
e. Attempting to compel or compelling the woman or her child to homicide whether legitimate or illegitimate, within or
Sec 5 engage in conduct which the woman or her child has the right Any person without the family abode, which result in or is
to desist from or desist from conduct which the woman or her Acts falling under likely to result in physical, sexual, psychological
child has the right to engage in, or attempting to restrict or Section 5(b) shall be harm or suffering, or economic abuse including
restricting the woman's or her child's freedom of movement or punished by threats of such acts, battery, assault, coercion,
conduct by force or threat of force, physical or other harm or imprisonment of two harassment or arbitrary deprivation of liberty
threat of physical or other harm, or intimidation directed degrees lower than the
against the woman or child. This shall include, but not limited prescribed penalty for Physical Violence - acts that include bodily or
to, the following acts committed with the purpose or effect of the consummated physical harm
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controlling or restricting the woman's or her child's movement crime as specified in
or conduct: the preceding Sexual violence - an act which is sexual in
i. Threatening to deprive or actually depriving the paragraph but shall in nature, committed against a woman or her child
woman or her child of custody to her/his family; no case be lower than a. rape, sexual harassment, acts of
ii. Depriving or threatening to deprive the woman or her arresto mayor. lasciviousness, treating a woman or her
children of financial support legally due her or her child as a sex object, making demeaning
family, or deliberately providing the woman's children (b) Acts falling under and sexually suggestive remarks,
insufficient financial support; Section 5(c) and 5(d) physically attacking the sexual parts of
iii. Depriving or threatening to deprive the woman or her shall be punished by the victim's body, forcing her/him to watch
child of a legal right; arresto mayor; obscene publications and indecent shows
iv. Preventing the woman in engaging in any legitimate or forcing the woman or her child to do
profession, occupation, business or activity or (c) Acts falling under indecent acts and/or make films thereof,
controlling the victim's own money or properties, or Section 5(e) shall be forcing the wife and mistress/lover to live
solely controlling the conjugal or common money, or punished by prision in the conjugal home or sleep together in
properties; correccional; the same room with the abuser;
f. Inflicting or threatening to inflict physical harm on oneself for b. acts causing or attempting to cause the
the purpose of controlling her actions or decisions (d) Acts falling under victim to engage in any sexual activity by
g. Causing or attempting to cause the woman or her child to Section 5(f) shall be force, threat of force, physical or other
engage in any sexual activity which does not constitute rape, punished by arresto harm or threat of physical or other harm
by force or threat of force, physical harm, or through mayor; or coercion;
intimidation directed against the woman or her child or her/his c. Prostituting the woman or child.
immediate family (e) Acts falling under
h. Engaging in purposeful, knowing, or reckless conduct, Section 5(g) shall be Psychological violence - acts or omissions
personally or through another, that alarms or causes punished by prision causing or likely to cause mental or emotional
substantial emotional or psychological distress to the woman mayor; suffering of the victim such as but not limited to
or her child. This shall include, but not be limited to, the intimidation, harassment, stalking, damage to
following acts: (f) Acts falling under property, public ridicule or humiliation, repeated
i. Stalking or following the woman or her child in public Section 5(h) and verbal abuse and mental infidelity. It includes
or private places; Section 5(i) shall be causing or allowing the victim to witness the
ii. Peering in the window or lingering outside the punished by prision physical, sexual or psychological abuse of a
residence of the woman or her child; mayor. member of the family to which the victim belongs,
iii. Entering or remaining in the dwelling or on the or to witness pornography in any form or to
property of the woman or her child against her/his will; fine in the amount of witness abusive injury to pets or to unlawful or
iv. Destroying the property and personal belongings or not less than One unwanted deprivation of the right to custody
inflicting harm to animals or pets of the woman or her hundred thousand and/or visitation of common children.
child; and pesos (P100,000.00)
v. Engaging in any form of harassment or violence; but not more than Economic abuse - acts that make or attempt to
i. Causing mental or emotional anguish, public ridicule or three hundred make a woman financially dependent which
humiliation to the woman or her child, including, but not thousand pesos includes, but is not limited to the following:
limited to, repeated verbal and emotional abuse, and denial of (300,000.00)
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financial support or custody of minor children of access to the 1. withdrawal of financial support or preventing
woman's child/children the victim from engaging in any legitimate
profession, occupation, business or activity,
except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as
defined in Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial

resources and the right to the use and enjoyment
of the conjugal, community or property owned in
common;
3. destroying household property;
4. controlling the victims' own money or

properties or solely controlling the conjugal
money or properties.
Battery - an act of inflicting physical harm upon

the woman or her child resulting to the physical
and psychological or emotional distress.
Battered Woman Syndrome - scientifically

defined pattern of psychological and behavioral
symptoms found in women living in battering
relationships as a result of cumulative abuse.
Acts Punishable: Act 1 refers to the contact of the male penis with
1. Rape by Sexual Intercourse a woman’s vagina.
Elements: In Act 1, penetration, even partial or slightest, is

Rape, When 1. Offender is a man necessary. It is NOT enough that the penis
266
and How 2. Offender had carnal knowledge of a woman Any person See 266 - B merely touched the EXTERNAL portion of the
-A
Committed 3. Such act is accomplished under any of the following female genitalia. It MUST touch the labia majora
circumstances: or the labia minora of the pudendum to
a. Using force or intimidation consummate rape
b. Woman is deprived of reasons or unconscious
c. By means of fraudulent machination or grave In Act 2, a violation of the body orifices by the
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abuse of authority fingers is within the expanded definition of rape
d. Woman is under 12 y/o or demented
A verbal refusal alone will not do, there must be
2. Rape through Sexual Assault physical struggle, taxing her powers to the
utmost
Elements:
1. Offender commits an act of sexual assault When the girl defended herself as long as she
2. The act of sexual assault is committed by any of the could, but he overpowered her and held her till
following means: her strength gave out, and then accomplished his
a. Inserting his penis into another person’s mouth vicious purpose, there is evidence of sufficient
or anal orifice force
b. Inserting any instrument or object into the
genital or anal orifice of another person Note: Resistance, when futile, does not amount
3. The act of sexual assault is accomplished under any to consent
of the following circumstances:
a. Using force or intimidation In rape through intimidation, it is enough that it
b. Woman is deprived of reasons or unconscious produces fear - fear that if the victim does not
c. By means of fraudulent machination or grave yield to the bestial demands of the accused,
abuse of authority something would happen to her
d. Woman is under 12 y/o or demented
Intimidation includes the moral kind such as the
fear caused by threatening the girl with a knife or
pistol
Note: Moral ascendency or influence is held to

substitute for the element of physical force or
intimidation. In such case, it is not necessary that
she put up a determined resistance
Rape may be proved by the uncorroborated

testimony of the offended woman. The testimony
must be conclusive, logical, and probable.
Note: Intercourse with a deaf-mute woman is

note rape, in the absence of proof that she is an
imbecile
THERE IS NO FRUSTRATED RAPE
To prove attempted rape, intent to rape must be
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proven by the overt act of the accused
Statutory Rape - victim is under 12 y/o
Aggravating Circumstances:
Act 1 - Reclusion Perpetua 1. Under 18 y/o and the offender is a parent,
ascendant, step-parent, guardian, relative by
consanguinity or affinity w/in the 3rd civil
Deadly Weapon / 2 or more persons - Reclusion Perpetua
degree or the common law spouse of the
parent of the victim
Victim becomes Insane - Reclusion Perpetua 2. Victim is under custody of the police or
military authorities or any law enforcement or
Attempted w/ Homicide - Reclusion Perpetua penal institution
3. Rape is committed in full view of the spouse,
Homicide - Death (but no death anymore so Reclusion Perpetua) parent, any of the children or other relatives
w/in the 3rd civil degree of consanguinity
Aggravating - Death (but no death anymore so Reclusion Perpetua) 4. Victim is a religious engaged in legitimate
religious vocation or calling and is personally
266 known to the offender
Penalties Act 2 - Prision Mayor 5. Child below 7 y/o
-B
6. Offender knows that he is afflicted w/ HIV or
Act 2 w/ Deadly weapon or 2 more persons - Prision Mayor to AIDS or any other STD and the virus or
Reclusion Temporal disease is transmitted to the victim
7. Committed by any member of the AFP or
Act 2 Insane - Reclusion Temporal paramilitary units therefor the PNP or any law
enforcement agency or penal institution, when
Act 2 attempted w/ homicide - Reclusion Temporal to Reclusion the offender took advantage of his position to
Perpetua facilitate the commission of the crime
8. Victim suffered permanent mutilation or
disability
Act 2 w/ Homicide - Reclusion Perpetua
9. Offender knew of the pregnancy of the victim
10. Offender knew of the mental disability,
Act 2 w/ Aggravating - Reclusion Temporal emotional disorder, and/or physical handicap
of the offended party
1. Marriage extinguishes not only the penal action but also the
penalty that may be imposed
- Extinguishes action only as to the person marrying the
266 victim.
Effect of Pardon
-C - It also does not extinguish penal action in multiple
rape as to the other penal action of other of which he
is a co-principal
2. Forgiveness by wife if the legal husband is the offender
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Evidence which may be accepted in the prosecution of rape:
1. Any physical overt act manifesting resistance from the
266
Presumption offended party
-D
2. Where the offended party is so situated as to render him/her
incapable of giving consent
TITLE IX: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
Note: If the offender is a public officer, the crime is

arbitrary detention
Intention to deprive the victim of his liberty for the

purpose of extorting ransom on the part of the
accused is essential in the crime of kidnapping
Elements:
1. Offender is a private individual Note: Actual demand of ransom is not necessary
2. He kidnaps or detains another, or in any other manner
deprives the latter of his liberty Freedom of locomotion but no freedom to leave is
3. The act of detention or kidnapping must be illegal deprivation of liberty
Kidnapping and - Deprivation of liberty is the essential element
4. Any of the following circumstances is present: Private
267 Serious Illegal Reclusion Perpetua
a. Kidnapping or detention lasts for more than 3 days Individual When the kidnapping or detention is committed for
Detention
b. Committed simulating public authority ransom, it is not necessary that any of the
c. Any serious physical injury are inflicted or threats to circumstances enumerated be present
kill him are made
d. Person kidnapped or detained is a minor, female, or a Note: Detention need NOT be more than 3 days if b,
public officer c, d is present
The purpose is immaterial when any of the

circumstances mentioned is present
When Maximum Penalty is Imposed:

1. Purpose is to extort ransom
Limlingan 2018-2109 || 65
2. Victim is killed
3. Victim is raped
4. victim is subjected to torture or dehumanizing
acts
Elements: Anyone who furnished the place for the detention is a

Reclusion Temporal co-principal
1. Offender is a private individual
Slight Illegal 2. He kidnaps or detains another, or in any other manner Private
268 Voluntary Release - Elements of Privileged Mitigating Circumstance:
Detention deprives him of his liberty Individual 1. Voluntary release w/in 3 days
Prision Mayor min to
3. The act of kidnapping is illegal 2. W/o attaining the purpose intended
med period
4. Crime is w/o the attending circumstances of Art 267 3. Before start of criminal proceedings
If the public officer has NO authority to arrest and

detain a person, unlawful arrest
Elements:
If he has authority but w/o legal ground, arbitrary
1. Offender arrests or detains another person
detention
2. The purpose of the offender is to deliver him to the proper Arrest Mayor + 100k
269 Unlawful Arrest Any person
authorities fine
No period of detention is fixed by law in Art 269
3. Arrest or detention is not authorized by law or there is no
but the motive is controlling. If the offender is to
reasonable ground thereafter
deliver him to the proper authorities, it is still
unlawful arrest
What is punished is the deliberate failure of the

custodian of the minor to restore the latter to his
Elements:
Reclusion Perpetua parents or guardians
Kidnapping and 1. The offender is entrusted with the custody of a minor person
270 Failure to Return (whether over or under 7 y/o but less than 21 y/o) Any person
Parents - Arresto Essential element is that the offender is
a Minor 2. He deliberately fails to restore the said minor to his parents or
Mayor OR 40k fine entrusted with the custody of the minor
guardian
Note: Art 270 is absorbed by Art 267
Note: Age of minor is under 21 y/o
The inducement must be actual, committed with

Elements: Prision Correcional +
criminal intent and determined by a will to cause
Inducing a Minor 1. A minor (whether over or under 7 y/o) is living in the home of 100k fine
damage
271 to Abandon his his parents or guardian or the persons entrusted with his Any person
Home custody Parents - Arresto
What constitute the crime is the act of
2. Offender induces said minor to abandon such home Mayor OR 40k fine
inducement. It is NOT necessary that the minor
actually abandon the home
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Note: The minor should not leave his home of his
own free will
Circumstance Qualifying the offense: If the

purpose of the offender is to assign the victim to
Elements:
Prision Mayor + 10k some immoral traffic
272 Slavery 1. Offender purchases, sells, kidnaps or detains a human being Any person
fine
2. The purpose of the offender is to enslave such human being
The purpose is controlling. It must be to enslave
the victim
Elements:
1. Offender retains a minor to his service
Note: Service of minor must be against his will
Exploitation of 2. It is against the will of the minor Prision Correccional +
273 Any person
Child Labor 3. It is under the pretext of reimbursing himself of a debt 500 fine
Indebtedness is not a ground for detention
incurred by an ascendant, guardian, or person entrusted with
the custody of such minor
Note: This article is limited only to household

Elements:
Services Arresto Mayor max to servant or farm laborer
1. Offender compels a debtor to work for him, either as
Rendered under period to Prision
274 household servant or farm laborer Any person
Compulsion in Correccional min It must be the debtor himself who is compelled to
2. It is against the debtor’s will
Payment of Debt period work. It does not distinguish whether the victim is
3. The purpose is to require or enforce the payment of a debt
a minor or not
Acts Punishable:
1. Failing to render assistance to any person whom the offender
finds in an uninhabited place wounded or in danger of dying
Note: Act 2 applied only when someone is
Abandonment of when he can render such assistance w/o detriment to himself,
accidentally injured, not if intentional
Persons in unless such omission shall constitute a more serious offense
Danger and
275 Any person Arresto Mayor It is immaterial that the offender did not know that
Abandonment of Elements:
the child is under 7 y/o
One’s Own a. Place is uninhabited
Victim b. Accused found there a person wounded or in danger
This article also applies to lost children
of dying
c. The accused can render assistance w/o detriment to
himself
d. Accused fails to render assistance
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2. Failing to help or render assistance to another whom the
offender has accidentally wounded or injured
3. Failing to deliver a child, under 7 y/o of age whom the
offender has found abandoned, to the authorities or to his
family, or by failing to take him to a safe place
Note: There should be NO intent to kill, otherwise

Arresto Mayor + 100k it will be murder, homicide, etc.
fine
Intent to kill cannot be presumed because intent
Elements:
Death - Prision to kill is applicable only in crimes against persons
1. Offender has the custody of a child
Abandoning a Correccional med to
276 2. The child is under 7 y/o Any person
Minor max period A permanent, conscious and deliberate
3. He abandons such child
abandonment is required
4. He has no intent to kill the child when the latter is abandoned
Danger - Prision
Correccional min to Circumstances Qualifying the Offense:
med period 1. Death of minor
2. Life of minor was endangered
Acts Punishable:
1. Delivering a minor to a public institution or other persons w/o
Rear - to bring to maturity by educating,
the consent of the one who entrusted such minor to the care
nourishing, etc
of the offender or, in the absence of that one, w/o the consent
of the proper authorities
Note: Under Act 1, only the person charged w/
Abandonment of the rearing or education of the minor is liable
Elements:
Minor by Person
a. Offender has charge of the rearing or education of a
Entrusted with Arresto Mayor + 100k Minor here is under 21 y/o
277 minor Any person
His Custody; fine
b. He delivers said minor to a public institution or other
Indifference of Obligation to educate children terminates if
persons
Parents mother and children refuse w/o good reason to
c. Without the consent of the one who entrusted such
live with the accused
child to offender or by proper authorities
Failure to give education must be due to
2. Neglecting his children by not giving them the education
deliberate desire to evade such obligation
which their station in life requires and financial condition
permits
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Elements:
a. Offender is parent
b. He neglects his children by not giving them education
c. His station in life requires such education and his
financial condition permits it
Acts Punishable:
1. Causing any child under 16 y/o to perform any dangerous
feat of balancing, physical strength or contortion, the offender
being any person
2. Employing children under 16 y/o who are not children or
descendants of the offender in exhibitions of acrobat,
gymnast, ropewalker, diver, or wild-animal tamer, the
offender being an acrobat etc or circus manager or persons
engaged in the same calling Circumstance Qualifying the Offense: If the
3. Employing any descendant under 12 y/o in dangerous delivery under Act 4 is made in consideration of
Exploitation of exhibitions mentioned above, the offender being engaged in any price, compensation, or promise
278 Any person min to med period +
Minors such.
100k fine
4. Delivering a child under 16 y/o gratuitously to any person Exploitation of minor must refer to any act
following any of the above callings or to any habitual vagrant endangering the life or safety of the minor
or beggar, the offender being an ascendant, guardian,
teacher, or person entrusted in any capacity with the care of
such child
5. By inducing any child under 16 y/o to abandon the home of its
ascendants, guardians, curators or teachers to follow any
person engaged in any of the callings above or to accompany
any habitual vagrant or beggar, the offender being any
person
Additional
279 penalties for
other offenses
Arresto Mayor + 200k Dwelling - any building or structure exclusively

Elements: fine devoted for rest and comfort
Qualified
1. Offender is a private person Private
280 Trespass to Qualifying Circumstance: With violence or intimidation
2. He enters the dwelling of another Individual Qualified - Prision
Dwelling
3. Such entrance is against the latter’s will Correccional med to Offender MUST be a private person. If public officer,
max period + 200k fine its violation of domicile under Art 128
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To commit trespass, the entrance should be against
the presumed or expressed prohibition of the
occupant.
Lack of permission does not amount to prohibition
Prohibition is implied in entrance through means not

intended for ingress
Prohibition must be in existence prior to or at the time

of entrance
Violence or intimidation may take place immediately

after the entrance
Note: Prohibition is NOT necessary when violence or

intimidation is employed by offender
Trespass may be committed by owner against actual

occupant
Cases to which this Art is not applicable:

1. Made for the purpose of preventing some
serious harm
2. Purpose is to render some service to
humanity or justice
3. Place where entrance is made is a cafe,
tavern, inn and other public houses, while the
same are open
Elements:
1. Offender enters the closed premises or the fenced estate of
another
Other Forms of Arresto Menor OR 40k
281 2. The entrance is made while either of them is uninhabited Any person Premises - signifies distinct and definite locality
Trespass fine OR BOTH
3. The prohibition to enter be manifest
4. The trespasser has not secured permission of the owner or
the caretaker thereof
Acts Punishable: Note: Even though the condition is not unlawful,

1. Threatening another with the infliction upon his person, No condition - Arresto if the threat amounts to a crime - still liable for
282 Grave Threats Any person
honor, or property or that of his family of any wrong Mayor + 100k fine grave threats
amounting to a crime and demanding money or imposing
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another condition, even though not unlawful, and the offender Circumstance Qualifying the Offense: If the
attained his purpose threat is made in writing or through a middleman
Elements: Note: Act 3 must be serious and deliberate

a. Offender threatens another person with the infliction purpose of creating in the mind of the person
upon his person, honor, or property or that of his threatened the belief that the threats will be
family of any wrong carried into effect
b. Such wrong amounts to a crime
c. There is a demand for money or that any other The essence of the crime is intimidation
condition is imposed even though not unlawful
d. Offender attains his purpose The act threatened to be committed must be
WRONG
2. Making such threat without attaining his purpose
It is not necessary that the offended party was
3. Threatening another with the infliction upon his person, present at the time the threats were made. It is
honor, or property or that of his family of any wrong sufficient that the threats, after they had been
amounting to a crime, the threat not being subject to a made in his absence, came to the knowledge of
condition the offended party
Elements: The crime is consummated as soon as the

1. Offender threatens another person with the infliction threats come to the knowledge of the person
upon his person, honor, or property or that of his threatened
family of any wrong
2. Such wrong amounts to a crime
3. There is no condition
Elements: Note: Threat should NOT amount to a crime

1. Offender makes a threat to commit a wrong
2. The wrong does not constitute a crime There should be a demand for money
283 Light Threats 3. There is a demand for money or that other condition is Any person Arresto Mayor
imposed, even though not unlawful Blackmailing - the unlawful extortion of money by
4. The offender has attained his purpose, or that he has not an appeal to the fear of the victim, or by threats
attained his purpose of accusation or exposure
Bond for Good The person committing grave and light threats may also be required
284 Any person Destierro
Behavior to give bail not to molest the person threatened, failure of which will
result to destierro
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Acts Punishable:
1. Threatening another with a weapon or by drawing such
Note: There should be no demand for money
weapon in a quarrel unless it be in lawful self-defense
Other Light 2. Orally threatening another in the heat of anger with some Arresto Menor OR 40k
285 Any person Threats which ordinarily are grave threats, if
Threats harm constituting a crime w/o persisting in the idea involved fine
made in the heat of anger, may be other light
in his threats
threats
3. Orally threatening to do another any harm not constituting a
felony
Note: What is prevented must NOT be prohibited by

law
Offender must have NO authority or is not exercising

a lawful right
There is no grave coercion when the accused acts in

Acts Punishable: good faith in the performance of his duty
1. Preventing another, by means of violence, threats or
intimidation, from doing something not prohibited by law In grave coercion, the act of preventing by force must
2. Compelling another by means of violence, threats or be made at the time the offended party was doing or
intimidation, to do something against his will, whether it be about to do the act to be prevented.
right or wrong
If the act was already done when violence is exerted,
Elements: the crime is unjust vexation
Grave Prision Correccional +
286 1. A person prevented another from doing something not Any person Compelling another to do something includes the
Coercions 100k fine
prohibited by law or that he compelled him to do something offender’s act of doing it himself while subjecting
against his will, whether it’s right or wrong another to his will
2. The prevention or compulsion be effected with violence,
threats or intimidation Forcing someone to give up a possession is grave
3. The person that restrained the will and liberty of another had coercion
no authority of law or the right to do so or in other words, that
the restraint shall not be made under authority of law or in the The crime is not grave coercion when the thing
exercise of any lawful right belongs to the debtor of the offender. It’s light
coercion
Note: The force must be immediate, actual or

imminent
Coercion is consummated even if the offended party

did not acceded to the purpose of coercion
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Note: Offender must be a creditor of the offended
party
Actual violence need not be employed
Unjust vexation - includes any human conduct which,

although not productive of some physical or material
Elements: harm would, however, unjustly annoy or vex an
1. Offender must be a creditor Arresto Mayor min innocent person
2. He seizes anything belonging to his debtor period + 15k fine
The paramount question to be considered, in
287 Light Coercion 3. The seizure of the thing be accomplished by means of Any person determining whether the crime of unjust vexation is
violence or a display of material force producing intimidation Arresto Menor OR 1k committed, is whether the offender’s act caused
4. The purpose of the offender is to apply the same to the to 40k fine annoyance, irritation, vexation, torment, distress or
payment of the debt disturbance to the mind of the person to whom it is
directed
Note: The is NO violence or intimidation in unjust

vexation
When the act of the accused has no connection with

his previous acts of violence, it is only unjust vexation
Acts Punishable:
1. Forcing or compelling, directly or indirectly, or knowingly
permitting the forcing or compelling of the laborer or
employee of the offender to purchase merchandise or
commodities of any kind from him
Elements:
a. Offender is any person, agent or officer of any As a general rule, the use of tokens, promissory
association or corporation notes, vouchers, coupons, or any other form
Other similar Arresto Mayor OR 40k
288 b. He or such firm or corporation has employed laborers Any person alleged to represent legal tender is absolutely
coercions to 100k fine OR BOTH
or employees prohibited even when expressly requested by the
c. He forces or compels, directly or indirectly, or employee
knowingly permits him to be forced or compelled, any
of his or its laborers or employees to purchase
merchandise or commodities of any kind from him or
from said firm or corporation
2. Paying the wages due his laborer or employee by means of

token or objects other than the legal tender currency of the
Limlingan 2018-2109 || 73
Philippines, unless expressly requested by such laborer or
employee
Elements:
1. Offender pays the wages due a laborer employee
employed by him by means of tokens or objects
2. Those tokens or objects are other than the legal
tender currency of the Philippines
3. Such employee or laborer does not expressly request
that he be paid by means of tokens or objects
Formation,
Maintenance, Elements: Note: The act should not be a more serious
and Prohibition 1. Offender employs violence or threats in such a degree as to offense
of Combination compel or force the laborers or employees in the free and Arresto Mayor + 60k
289 Any person
of Capital or legal exercise of their industry or work fine Peaceful picketing is not prohibited but
Labor through 2. The purpose is to organize, maintain or prevent coalitions of employing violence or making threat by picketers
Violence or capital or labor, strike of laborers or lockout of employers may make them liable for coercion
Threats
Seize - to place in the control of someone a thing

or to give him the possession thereof and it is not
necessary that there should be force or violence
Elements:
1. Offender is a private individual or public officer not in the There must be taking possession of papers or
Private min to med periods +
Discovering exercise of his official function letters even for a short time only
individual or 100k
Secrets Through 2. He seizes the papers or letters of another
290 Public Officer in
Seizure of 3. The purpose is to discover the secrets of such another The purpose of the offender must be to discover
Private No Revelation -
Correspondence person the secrets of another
Capacity Arresto Mayo + 100k
4. Offender is informed of the contents of the papers or letters
fine
seized Note: Prejudice or damage to another is not
necessary
Qualifying Circumstance: Revealing of secrets
Revealing Elements: Manager, Note: Secrets must be learned by reason of their

Arresto Mayor + 100k
291 Secrets with 1. Offender is a manager, employee, or servant Employee, or employment
fine
Abuse of Office 2. He learns the secrets of his principal or master in such Servant
Limlingan 2018-2109 || 74
capacity It MUST be revealed. If the offender does not
3. He reveals such secrets reveal the secrets, the crime is not commited
Damage is NOT necessary
Elements:
Secrets must relate to the manufacturing process
1. Offender is a person in charge, employee, or workman of a
and MUST be revealed by the offender to
Revelation of manufacturing or industrial establishment Prision Correccional
Private consummate the crime
292 Industrial 2. The manufacturing or industrial establishment has a secret of min to med period +
Individual
Secrets the industry which the offender has learned 100k fine
Note: Prejudice is an essential element of the
3. The offender reveals such secrets
offense
4. Prejudice is caused to the owner
TITLE X: CRIMES AGAINST PROPERTY
Note: Property MUST be personal property
If real property is occupied or real right is usurped by

means of violence against or intimidation of person,
the crime is usurpation
Item must NOT belong to the offender because there

Acts Punishable: must be intent to gain
1. Robbery with violence against, or intimidation of persons
2. Robbery by the use of force upon things However, possession of the property is sufficient.
Ownership is not necessary
Who are Guilty Elements:
293 Any person
of Robbery 1. There be a personal property belonging to another Robbert can be committed only by taking personal
2. There is unlawful taking of that property property of another against the latter’s will
3. The taking must be with intent to gain
4. There is violence against or intimidation of any person or Note: The taking must be unlawful
force upon anything
Unlawful taking, when complete:
1. With violence or intimidation
- From the moment the offender gains
possession of the thing, even if the
culprit has had no opportunity to
dispose of the same, the unlawful
taking is complete
Limlingan 2018-2109 || 75
2. With force upon things
- The thing must be taken out of the
building to consummate the crime
Note: Taking must be of permanent character
Intent to gain is presumed from the unlawful taking of

personal property
Taking must not be under the claim of ownership or

with good faith
Note: There must be BOTH intent to gain and

property belonging to another
In violence or intimidation, the violence must be

against the person not upon the thing taken
Intimidation exist when it causes fear or fright of the

victim
Violence or intimidation must be present BEFORE the

taking of personal property is completed
Note: The use of force upon things will NOT make the
taking robbery if the culprit NEVER ENTERED the
house or building except if it’s committed by breaking
wardrobes, chests, etc.
Acts Punishable: Homicide, Rape - This article defines a special complex crime thus, Art
1. By reason or on occasion of the robbery, homicide is Reclusion Perpetua 48 does not apply
committed
2. Robbery is accompanied by rape or intentional mutilation or Insanity, Blind - Note: “On the occasion” and “by reason” means it
arson Reclusion Temporal must be committed in the course or because of the
Robbery with 3. By reason or on occasion of such robbery, insanity, imbecility, med period to robbery. It will be separate offenses if not such so.
Violence or impotency, or blindness is inflicted Reclusion Perpetua
294 Any person
Intimidation of 4. By reason or on occasion of such robbery, physical injuries ROBBERY WITH HOMICIDE
Persons resulting in the loss of the use of speech, or the power to hear Principal Parts - Homicide includes parricide and murder
or to smell or the loss of the use of an eye, a hand, a foot, an Reclusion Temporal - NOT limited to a singular death, multiple
arm, or a leg or the use of any such member or incapacity for deaths are merged in the composite offense
work in which the injured person is therefore habitually Unnecessary Violence of robbery with homicide so long as all the
engaged is inflicted - Prision Mayor max killings were perpetrated by reason or on
5. The violence or intimidation employes in the commision of the period to Reclusion occasion of the robbery
Limlingan 2018-2109 || 76
robbery is carried to a degree clearly unnecessary for the Temporal med period
commission of the crime When committed in a dwelling, robbery with homicide
6. In the course of its execution, the offender shall have inflicted Other - Prision does NOT require that robbery with force upon things
upon any person not responsible for the commission of the Correccional max is first committed. This need not be committed in a
building either
robbery any of the physical injuries in which the person period to Prision
becomes deformed or loses any other member of his body or Mayor med period Intent to take personal property belonging to another
loses the use thereof or becomes ill or incapacitated for the with intent to gain MUST precede the killing
performance of the work in which he is habitually engaged for
more than 90 days or the person becomes ill or incapacitated Killing a person to escape after the commission of
for more than 30 days robbery is robbery with homicide
7. The violence employed by the offender does not cause any
serious physical injuries or if the offender employs The crime is still robbery with homicide even if the
intimidation only person killed was NOT the person who was robbed
All who participated in the robbery as principals are

principals in robbery with homicide, unless it clearly
appears that they endeavored to prevent the same
ROBBERY WITH RAPE

Intent to gain MUST precede the rape
When the taking of personal property of a woman is

an independent act following defendant’s failure to
consummate the rape, there are 2 distinct crimes
Additional rapes committed on the same occasion of

robbery will NOT increase the penalty
When the taking of property after the rape is NOT with

intent to gain, there is neither theft nor robbery, just
plain rape and unjust vexation
When the rape and homicide coexist with robbery, the

liability is robbery with homicide, rape being merely
aggravating
ROBBERY WITH SERIOUS PHYSICAL INJURIES

Applies when the serious physical injuries are
committed “upon any person NOT responsible for its
commission
If the serious physical injuries were inflicted on a

fellow robber, there are 2 distinct offenses, robbery
Limlingan 2018-2109 || 77
and physical injuries
ROBBERY WITH UNNECESSARY VIOLENCE AND

INTIMIDATION
The violence here need not result in serious physical
injuries
Violence employed must be unnecessary to the

commission of robbery
Requisites:
1. Any of the physical injuries defined in Par 3 &
4, Art 263 was inflicted in the course of the
robbery
2. Any of them was inflicted upon any person
NOT responsible for the commission of the
robbery
ROBBERY WITH THE USE OF VIOLENCE

AGAINST/ INTIMIDATION OF ANY PERSON
Simple Robbery - The use of violence against any
person does NOT result to any of the mentioned
above
When it does result to such, a special complex crime

is committed
The violence need NOT be present before or at the

exact moment when the object is take, it may enter
any time before the owner is finally deprived of his
personal property
Intimidation exists when the acts executed/ words

uttered by the offender are capable of producing fear
in the person threatened
Robbery with Qualifying Circumstances: Note: Qualifying circumstance must be alleged in

Physical 1. Committed in an uninhabited place the information and such QC can’t be offset by a
Injuries, 2. By a band Maximum period of generic mitigating circumstance
295 Any person
Committed in an 3. By attacking a moving train, street car, motor vehicle, or respective penalties
Uninhabited airship The intimidation with the use of firearms qualifies
Place and by a 4. By entering the passenger compartment in a train or in any only robbery on a street, road, highway, or alley
Limlingan 2018-2109 || 78
Band, or with manner taking the passengers thereof by surprise in the
the Use of respective conveyances This article does not apply to:
Firearm on a 5. On a street, road, highway or alley and the intimidation is 1. When homicide is also committed
Street, Road or made with the use of firearms, the offender shall be punished 2. Robbery is accompanied by rape,
Alley by the maximum periods of the proper penalties intentional mutilation, or arson
3. Insanity, imbecility, impotency or
blindness is inflicted
Requisites for Liability for Acts of the Other

Members of the band:
1. He was a member of the band
2. He was present at the commission of the
robbery by that band
3. The other members of the band
committed an assault
4. He did not prevent the assault
Outline of the Article:
1. When at least 4 armed malefactors take part in the When the robbery was not committed by a band,
commission of a robbery, it is deemed committed by a band the robber who did not take part in the assault by
Definition of a
2. When any of the arms used is not licensed, penalty for all will another is not liable for that assault except when
Band and
be maximum corresponding penalty w/o prejudice to the there is conspiracy to commit such assault and
296 Penalty Incurred Any person Maximum penalty
criminal liability for illegal possession of such firearm robbery
by the Members
3. Any member of the band who was present during commission
Thereof
of robbery shall be punished as principal of any assault A principal by inducement, who did not go with
committed by band unless it be shown that he attempted to the band at the place of the commission of the
prevent the same robbery, is not liable for the assault but only for
the robbery in band if there’s no evidence that he
ordered the assault
Proof of conspiracy is not necessary when 4 or

more armed persons committed robbery
Note: There is no crime as robbery with homicide

in band
Attempted and When by reason or on occasion of an attempted or frustrated robbery Note: The penalty is the same, whether the
Reclusion Temporal
Frustrated a homicide is committed, the person guilty of such offenses shall be robbery is attempted or frustrated
297 Any person max period to
Robbery punished by reclusion temporal in its maximum period to reclusion
Reclusion Perpetua
Committed perpetua, unless the homicide committed shall deserve a higher If there is treachery in the killing, the charge
Limlingan 2018-2109 || 79
under Certain penalty under the provisions of this Code. should be murder or parricide because it is more
Circumstances severe
There is only one crime of attempted robbery

with homicide even if slight physical injuries on
other persons on the occasion or by reason of
the robbery
Execution of Elements:
Note: This article also applies to private or
Deeds by 1. Offender has intent to defraud another
commercial document
298 Means of 2. Offender compels him to sign, execute, or deliver any public Any person See Art 294 and 297
Violence or instrument or document
Art 298 is not applicable if the document is void.
Intimidation 3. The compulsion is by means of violence or intimidation
Acts Punishable: There must be evidence or the facts must show that
1. Robbery by entering an inhabited house or public building the accused entered the dwelling house or building by
any of the means mentioned
Elements: Where the manner of entrance into the house was not
a. Offender entered the following: proven, the crime is theft and not robbery
i. Inhabited place
ii. Public building In entering the building, the offender MUST have an
iii. Edifice devoted to religious worship intention to take personal property, otherwise it’s just
b. The entrance was effected by any of the following trespass to dwelling
means:
i. Through an opening not intended entrance or Note: The place entered MUST be a house or building
>50k - Reclusion
Robbery in an egress
Temporal
Inhabited House ii. By breaking any wall, roof, or floor, or breaking
299 Any person Inhabited House - any shelter constituting the dwelling
or Public any door or such window of one or more persons even if the inhabitants are
No arms or armed but
Building iii. By using false keys, picklocks, or similar tools temporarily absent therefrom when the robbery was
<50k - Prision Mayor
iv. By using any fictitious name or pretending the committed
exercise of public authority
c. Once inside, the offender took personal property Public Building - owned or rented by the government
belonging to another with intent to gain although temporarily unoccupied by the same
2. Robbery by breaking doors, wardrobes, chests, or any other It should be the entrance through an opening not
kind of locked or sealed furniture or receptacle; or by taking intended for egress, and not exit
such furniture or object to be broken or forced open outside
Note: The whole body of the culprit must be inside the
building to constitute entering
Elements:
a. Offender is inside a dwelling house, public building, or It must be an outside door or outside wall that is
Limlingan 2018-2109 || 80
edifice devoted to religious worship, regardless of the broken
circumstances under which he entered it
b. Offender takes personal property belonging to Note: The genuine key MUST be stolen, not taken by
another, with intent to gain, under any of the following force or intimidation and such is used to ENTER the
building
circumstances:
i. By the breaking of doors, wardrobes, chests, It is only theft when the false key is used to open
or any other kind of locked or sealed furniture wardrobe or locked receptacle
or receptacle
ii. By taking such furniture or objects away to be The use of fictitious name or the act of pretending to
broken or forced open outside the place of the exercise authority must be to enter the building
robbery
The term doors in Act 2 only refers to “doors, lids, or
opening sheets” of furniture or other portable
receptacles and not to inside doors of house or
building
Breaking the keyhole is breaking of furniture
It is estafa or theft if the locked or sealed receptacle is

not forced open in the building where it is kept or
taken therefrom to be broken outside
Note: Arms carried must not be used to intimidate
Even those w/o arms are liable to the same penalty
Note: By a band and in an uninhabited place

must concur
Robbery in an Elements:
Such must be alleged in the information to qualify
Uninhabited 1. Robbery under Art 299 must be committed
300 Any person Maximum penalty the offense
Place and by a 2. By a band
Band 3. In an uninhabited place
The inhabited house, public bldg, or edifice
devoted to religious worship must be located in
an uninhabited place
What is an Inhabited House - any shelter constituting the dwelling of one or Requisites for Dependencies:
Inhabited Place, more persons even if the inhabitants are temporarily absent 1. Must be contiguous to the building
Public Building, therefrom when the robbery was committed 2. Must have an interior entrance connected
301
or Building therewith
Dedicated to Public Building - owned or rented by the government although 3. Must form part of the whole
Religious temporarily unoccupied by the same
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Worship and Note: Orchards and lands used for cultivation are
their Dependencies - all interior courts, corrals, warehouses, granaries, not dependencies
Dependencies barns, coach-houses, stables, or other departments or enclosed
spaces contiguous to the building or edifice, having an interior
entrance connected therewith and which form part of the whole
Elements:
1. Offender entered an uninhabited place or building which was
not a dwelling house, not a public building or not an edifice Note: The uninhabited place is an uninhabited
devoted to religious worship building
2. Any of the following circumstances are present:
a. Entrance was effected through an opening no Breaking padlock is use of force upon things
Robbery in an intended for entrance or egress
Uninhabited b. A wall, roof, or outside door or window was broken Prision Correccional Use of fictitious name or pretending to exercise
302 Any person
Place or in a c. The entrance was effected through the use of false med to max period authority is not applicable here because the
Private Building keys, picklocks, or other similar tools place is uninhabited
d. A door, wardrobe, chest, or any sealed or closed
furniture or receptacle was broken Note: The receptacle must be closed or sealed
e. A closed or sealed receptacle was removed even if
the same be broken elsewhere Penalty is based on value of property taken
3. With intent to gain, the offender took therefrom personal
property belonging to another
Robbery of
Cereals, Fruits,
or Firewood in Next lower in degree
303 Cereals - seedlings which are immediate products from the soil Any person Note: Must be W/O violence or intimidation
an Uninhabited that Art 299 and 302
Place or Private
Building
Arresto Mayor max

Elements: period to Prision
Possession of 1. Offender has in his possession picklocks or similar tools Correccional min period
Note: Actual use of picklocks or similar tools, not
304 Picklocks or 2. Suck picklocks or similar tools are specially adopted to the Any person
Locksmith - Prision necessary in illegal possession thereof
Similar Tools commission of robbery
3. Offender does not have lawful cause for such possession Correccional med to max
period
The term "false keys" shall be deemed to include:

Note: Possession of number 2 and 3 are not
305 False Keys
punishable
1. The tools mentioned in the next preceding articles.
Limlingan 2018-2109 || 82
2. Genuine keys stolen from the owner.
3. Any keys other than those intended by the owner for use in the
lock forcibly opened by the offender.
The only things to prove are:

1. There is an organization of more than 3
armed persons forming a band of robbers
2. The purpose of the band is any of those
mentioned
3. They went upon the highway or roamed upon
the country for that purpose
Elements: 4. The accused is a member of such band
1. There be at least 4 armed persons
2. They formed a band of robbers Note: Just the existence of the band is sufficient. It is
Prision Mayor med
Who are 3. The purpose is any of the following: not necessary to show that they actually committed
306 Any person period to Reclusion their purpose
Brigands a. Commit robbery in the highway
Temporal min period
b. Kidnap persons for extortion or ransom
c. Attain by means of force or violence any other Unlicensed firearms gives rise to the presumption that
purpose they were brigands
Note: The arms they carry may be any weapon
The main object of the law is to prevent the formation

of band of robbers
Note: The term “highway” includes city streets
Elements:
1. There is a band of brigands Note: It is presumed that the offender performed
2. Offender knows the band to be of brigands the acts knowingly unless the contrary is proven
Aiding and 3. Offender does any of the following acts: Prision Correccional
307 Abetting a Band a. He aids, abets or protects such band of brigands Any person med period to Prision Any person who aids or protects highway
of Brigands b. He gives them information of the movements of the Mayor min period robbers or abets the commission of highway
police or other peace officers of the gov’t robbery or brigandage shall be considered as an
c. He acquires or receives the property taken by such accomplice
brigands
Acts Punishable: 12k to 22k - Prision Note: Taking or Carrying is not required.
1. With intent to gain, but w/o violence against or intimidation of Mayor min to med
Who are Liable The theft is consummated when the culprits were able
308 persons nor force upon things, takes personal property of Any person period to take possession of the thing taken by them. It’s
for Theft
another w/o the latter’s consent enough that the thing is under his control
2. Having found lost property, failing to deliver the same to the 6k to 12k - Prision
Limlingan 2018-2109 || 83
local authorities or to its owner Correccional med to The element of taking referred to in the law means the
3. After having maliciously damaged the property of another, max period act of depriving another of the possession and
removing or making use of the fruits or object of the damage dominion of movable thing coupled with the intention,
caused by them 200 to 6k - Prision at the time of the taking, of withholding it with the
character of permanency
4. Entering an inclosed estate or a field where trespass is Correccional min to
forbidden or which belongs to another and w/o the consent of med period The offender must have the intention of making
its owner, hunt or fish upon the same or gather fruits, cereals, himself the owner of the thing taken
or other forest or farm products 50 to 200 - Arresto
Mayor med period to Note: There may still be taking even if the offender
Prision Correccional received the thing from the offended party if there’s
Elements: min period NO transfer of juridical possession
1. There be taking of personal property
2. Said property belongs to another 5 to 50 - Arresto Intent to gain is presumed from the unlawful taking of
3. The taking be done with intent to gain Mayor max period personal property belonging to another
4. The taking be done w/o the consent of the owner
Satisfaction and pleasure derived from the act of
5. The taking be accomplished w/o the use of violence against <5 - Arresto Mayor min giving to another what had been stolen is a real gain
or intimidation of persons or force upon things. to med period
Note: Actual gain is not necessary, intent is enough
Cereals - Arresto
Elements of Hunting, Fishing, or Gathering of Fruits: Menor OR 200 fine Allegation of owner’s lack of consent cannot be
1. There is an enclosed or a field where trespass is forbidden or dispensed with in charging an ordinary theft
which belongs to another Hunger - Arresto
2. Offender enters the same Menor min period OR Note: In ROBBERY, it must be against the will. In
3. Offender hunts or fishes upon the same or gathers fruits 50 fine THEFT, consent is just lacking
cereals or other forest or farm products in the estate or field
How to Prove Theft in Lost Things:
4. The hunting or fishing or gathering of products is without the 1. The time of the seizure of the thing
consent of the owner 2. It was a lost property belonging to another
3. The accused having had the opportunity to
return or deliver the lost property to its owner
or to the local authorities, refrained from doing
so
The finder of lost property has only the physical

possession, not juridical possession
Intent to gain is inferred from deliberate failure to

deliver the lost property to the proper person
Note: Theft is NOT a continuing offense
Limlingan 2018-2109 || 84
Basis of Penalty:
1. Value of the thing stolen If there is no evidence as to the value of the
309 Penalties
2. Circumstances or causes that impelled the culprit to commit thing, it will be based to Php5
the crime
Note: Theft by domestic servant is always qualified
There must be allegation in the information and proof

Qualifying Circumstances: of a relation, by reason of dependence, guardianship,
1. Committed by a domestic servant or vigilance, between the accused and the offended
2. Committed with grave abuse of confidence party, that has created a high degree of confidence
3. Property stolen is a: between them, which the accused abused
a. Motor vehicle
b. Mail matter Theft by housemate and laborer is not always
qualified
310 Qualified Theft c. Large cattle Any person Two degrees higher
4. Property stolen consists of coconuts taken from the premises The confidence gravely abused must be that existing
of a plantation between the offended party and the offender
5. Property stolen is fish taken from a fishpond or fishery
6. Property is taken on the occasion of fire, earthquake, Novation Theory applies only when there is
typhoon, volcanic eruption, or any other calamity, vehicular contractual relationship between the accused and the
accident or civil disturbance complainant
Note: The unlawful taking of motor vehicles is now

covered by the Anti-Carnapping Law
P.D. 1612: ANTI-FENCING LAW
12k to 22k - Prision Fencing - act of any person who, with intent to
Elements: Mayor min to med gain for himself or for another, shall buy, receive,
1. Robbery or theft has been committed period possess, keep, acquire, conceal, sell, or dispose
2. The accused, who is not a principal or accomplice in the of, or shall buy and sell, or in any manner deal in
commission of such, buys, receive, possess, keep, acquire, 6k to 12k - Prision any article, item, object, or anything of value
conceal, sell, or dispose of, or shall buy and sell, or in any Correccional med to which he knows, or should be known to him, to
manner deal in any article, item, object, or anything of value, max period have been derived from the proceeds of the
Any person
which has been derived from the proceeds of the said crime crime of robbery or theft
3. The accused knows or should have known that the said 200 to 6k - Prision
article, item, object or anything of value has been derived Correccional min to Fence - any person, firm, association,
from the proceeds of the crime of robbery or theft med period corporation, or partnership or other organizations
4. There is, on the part of the accused, intent to gain for himself who/which commits the act of fencing
or another 50 to 200 - Arresto
Mayor med period to Note: Mere possession of any good, article, item,
Limlingan 2018-2109 || 85
Prision Correccional object, or anything of value which has been the
min period subject of robbery or thievery shall be prima facie
evidence of fencing
5 to 50 - Arresto
Mayor max period
<5 - Arresto Mayor min

to med period
Theft of the If the property stolen be any property of the National Library or the
Property of the National Museum, the penalty shall be arresto mayor or a fine Theft of property in either has fixed penalty
Arresto Mayor OR 40k
311 National Library ranging from 200 to 500 pesos, or both, unless a higher penalty Any person regardless of its value except when another
to 100k fine OR BOTH
and National should be provided under other provisions of this Code, in which crime with a higher penalty is committed
Museum case, the offender shall be punished by such higher penalty.
Note: The real property or real rights must belong

Acts Punishable:
to another
1. Taking possession of any real property belonging to another
by means of violence against or intimidation of persons
There is only civil liability if there is no violence or
2. Usurping any real rights in property belonging to another by Respective penalty for
intimidation in taking possession of real property
Occupation of means of violence against or intimidation of persons violence or injury + 50
Real Property or to 100% of the gain
Violence or intimidation must be the means used
312 Usurpation of Elements: Any person
in occupying real property or usurping real right
Real Rights in 1. Offender takes possession of any real property or usurps any If value can’t be
belonging to another
Property real rights in property ascertained - 40k to
2. The real property or real rights belong to another 100k fine
Note: Criminal action for usurpation of real
3. Violence against or intimidation of persons is used by the
property is not a bar to civil action for forcible
offender
entry. There is no double jeopardy because the
4. There is intent to gain
causes of action are different
Elements:
Altering 1. There be boundary marks or monuments of towns, provinces,
Arresto Menor OR 20k
313 Boundaries or or estates, or any other marks intended to designate the Any person Note: Intent to gain is NOT necessary in Art 313
fine OR BOTH
Landmarks boundaries of the same
2. The offender alters said boundary marks
Limlingan 2018-2109 || 86
Note: Actual prejudice is required. Mere intention
Merchant - Prision
Elements: is not enough
Mayor
1. Offender is a debtor; that is, he has obligations due and
Fraudulent
314 payable Any person Real property is included in this article
Insolvency Prision Correccional
2. He absconds with his property
max period to Prision
3. There be prejudice to his creditors The person prejudiced must be the creditor of the
Mayor med period
offender
General Elements: The amount of the damage or prejudice is the basis of

1. The accused defrauded another by: the penalty for estafa
a. Abuse of confidence or
b. By means of deceit (fraudulent acts/fraudulent means) ESTAFA WITH UNFAITHFULNESS OR ABUSE OF
2. Damage or prejudice capable of pecuniary estimation is CONFIDENCE
Altering
caused to the offended party or to a third person
Note: Deceit is NOT an essential requisite of estafa
with abuse of confidence
ESTAFA WITH UNFAITHFULNESS OR ABUSE OF CONFIDENCE 12k to 22k - Prision There MUST be an existing obligation to deliver
Acts Punishable: Mayor min to med something of value and such obligation must be
1. Altering the substance, quantity or quality of anything of value period onerous
Elements: 6k to 12k - Prision When there is no agreement as to the quality of the

a. Offender has an onerous obligation to deliver Correccional med to thing to be delivered, the delivery of the thing not
something of value max period acceptable to the complainant is NOT estafa
Swindling b. He alters its substance, quantity, or quality
315 Any person Misappropriating
(Estafa) c. Damage or prejudice is caused to another 200 to 6k - Prision Note: Check is included in the word “money”
Correccional min to
2. Misappropriating or converting money, goods, or any other med period Money, goods, or other personal property must be
personal property received in trust or on commission or for received by the offender thru the kinds of transactions
administration or under any obligation involving the duty to 50 to 200 - Arresto enumerated
make delivery of or to return the same; or by denying having Mayor med period to > juridical possession MUST be transferred
received such goods/money Prision Correccional
min period Juridical Possession - possession which gives the
Elements: transferee a right over the thing which the transferee
may set up even against the owner
a. The money, goods, or other personal property must
be received by the offender in trust or on commission Note: The thing received MUST be the same thing to
or for administration or under any obligation involving be delivered
delivery or return of the same
b. There is misappropriation or conversion of such In quasi-contracts, the person who receives the thing
money or property by the offender; or denial on his also acquires juridical possession of the thing
part of such receipt received
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c. There is intent to prejudice another
d. There is demand made by the offended party Note: Ownership must not be transferred in obligation
to return or deliver the thing, as in sales
3. Taking undue advantage of the signature of the offended > when ownership is transferred, only civil liability
arises
party in blank and by writing any document above such
signature in blank It must be clearly demonstrated that it’s for:
1. Safekeeping
Elements: 2. On commission
1. The paper with the signature of the offended party is 3. For administration
in blank 4. Or other circumstances giving rise to the
2. The offended party should have delivered it to the obligation to make delivery or return the same
offender
3. Above the signature of the offended party, a Note: There is no estafa when the money or other
document is written by the offender w/o authority to do personal property received by the accused is not to be
used for a particular purpose or to be returned
so
4. The document so written creates a liability of, or Criminal liability for estafa is not affected by novation
causes damage to, the offended party or any 3rd of contract. The novation MUST take place BEFORE
person the criminal liability is incurred
Conversion - the thing has been devoted to a purpose

ESTAFA BY MEANS OF FALSE PRETENSES OR FRAUDULENT or use different from that agreed upon
ACTS
Note: Fraudulent intent is necessary
Acts Punishable:
There MUST be prejudice or damage to the owner or
1. Using fictitious name or falsely pretending to possess power,
to a third party
influence, qualifications, property, credit, agency, business, or
imaginary transactions; or by other similar deceits Demand is NOT necessary when there is evidence of
2. By altering the quality, fineness, or weight of anything misappropriation
pertaining to his art or business
3. Pretending to have bribe any gov’t employee Note: There is no estafa thru negligence because
4. Postdating a check or issuing a check in payment of an intent is necessary
obligation when the offender had no funds in the bank or his
funds deposited therein were not sufficient to cover the In estafa, the offender receives the thing, he does not
amount of the check take the thing w/o the consent of the owner
Signature in Blank Document

Elements: The paper with the signature in blank must be
a. Offender postdated a check, or issued a check in delivered by the offended party to the offender
payment of an obligation
b. Such postdating or issuing a check was done when ESTAFA BY MEANS OF FALSE PRETENSES OR
the offender had no funds in the bank or his funds FRAUDULENT ACTS
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deposited therein were not sufficient to cover the
amount of the check It is indispensable that the element of deceit be made
PRIOR TO or at least simultaneously with the delivery
5. Obtaining any food, refreshment, or accommodation at a of the thing by the complainant
hotel, inn, restaurant, boarding house, and the like w/o paying
It is necessary that such deceit is the very cause or
therefor; or by obtaining credit at the said places by the use of the only motive which induces the complainant to part
false pretense; or surreptitiously removing any part of his with the thing
baggage from the same w/o paying for his food, refreshment
or accommodation Fictitious Name, etc
In the absence of proof that the representation of the
accused was actually false, criminal intent to deceive
ESTAFA THROUGH FRAUDULENT MEANS cannot be inferred
1. Inducing another, by means of deceit, to sign any document
The offended party must be deprived of his property
by any of the false pretenses mentioned
Elements:
a. Offender induced the offended party to sign a Postdating a check
document Note: The check issued must be genuine and not
b. Deceit is employed to make him sign the document falsified
c. Offended party signed the document
d. Prejudice is caused Issuing of check should be the cause of parting with
the property of the victim
2. Resorting to some fraudulent practice to insure success in a
gambling game The check must be issued in PAYMENT of an
3. Removing, concealing, or destroying any court record, office obligation contracted at the time of the issuance and
delivery of the check
files, documents or any other papers
The accused must be able to obtain something from
Elements: the offended party by means of the check he issues
a. There are court records, office files, documents, or and delivers
any other papers
b. Offender removed, concealed or destroyed any of Note: If such checks were issued and intended only
them as promissory notes, there is no estafa even if the
c. Offender had intent to defraud another funds are insufficient
When the check is issued by a guarantor, there is no

estafa
The mere fact that the drawer had insufficient or no

funds in the bank to cover the check at the time he
postdated or issued a check, is sufficient to make him
liable for estafa
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Note: Damage or prejudice is necessary
ESTAFA THROUGH FRAUDULENT MEANS

Inducing to sign a document
Note: There MUST be an inducement and deceit must
be employed
Removing documents
Note: If there is no intent to defraud, the act of
destroying court record will be malicious mischief
If there is no deceit, no abuse of confidence, there is

no estafa even if there is damage. There is only civil
liability
Element of Damage or Prejudice may consist in:

1. Offended party being deprived of his money
or property as a result of defraudation
2. Disturbance in property rights
3. Temporary prejudice
Payment made subsequent to the commission of

estafa does not extinguish criminal liability or reduce
the penalty
The crime of estafa is not obliterated by acceptance of

promissory note
The accused can’t be convicted of estafa w/ abuse of

confidence under an information alleging deceit
BATAS PAMBANSA BLG 22
Acts Punishable: Note: The gravamen is the issuance of the check itself
1. Making or drawing and issuing any check to apply on account and not the nonpayment of an obligation
or for value, knowing at the time of issue that he does not
have sufficient funds in or credit with the drawing bank for the BP Blg 22 requires that the person who made or drew
and issued the check knew at the time of issue that he
payment of such check in full upon its presentment, which Any person
did not have sufficient funds in or credit with the
check is subsequently dishonored by the drawee bank for drawee bank
insufficiency of funds or credit or would have been
dishonored for the same reason had not the drawer, w/o any Note: Personal written notice of dishonor is necessary
valid reason, ordered the bank to stop payment
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No disputable presumption of knowledge of
Elements: insufficiency of funds when there is no receipt of
a. A person makes or draws and issues any check notice of dishonor
b. The check is made or drawn and issued to apply on
There is presumption of knowledge of the
account or for value
insufficiency when the check is presented within 90
c. The person who makes or draws and issues the days
check knows at the time that he does not have
sufficient funds in or credit with the drawee bank for Exceptions:
the payment of such check in full upon its 1. When the check is presented after 90 days
presentment 2. When the drawer was able to pay in full w/in 5
d. The check is subsequently dishonored by the drawee banking days after receiving the notice
bank for insufficiency of funds or credit, or would have
been dishonored for the same reason had not the Prima facie evidence does not arise where notice of
drawer, w/o valid reason, ordered the bank to stop non-payment is not sent to the maker or drawer of the
check
payment
Such act of issuing both without or with insufficient
2. Having sufficient funds in or credit with the drawee bank funds may be punished under both laws.
when he makes or draws and issues a check, by failing to
keep sufficient funds or to maintain a credit to cover the full There is no double jeopardy if each statute requires
amount of the check if presented w/in 90 days from the date proof of an additional fact which the other does not.
appearing thereon, for which reason it is dishonored by
drawee bank In estafa, there must be damage. In BP 22, there
must be knowledge
Elements:
Estafa by issuing a bad check is a continuing crime
1. A person has sufficient funds in or credit with the
drawee bank when he makes or draws and issues a
check
2. He fails to keep sufficient funds or to maintain a credit
to cover the full amount of the check if presented w/in
90 days from the date appearing thereon
3. The check is dishonored by the drawee bank
Acts Punishable: Note: Actual damage is necessary in Acts 1-4, 6

1. Conveying, selling, encumbering or mortgaging any real Arresto Mayor min to
Other Forms of property and pretending to be the owner of the same med period + fine not ACT 1
316 Any person Deceit consisting in false pretense as to ownership of
Swindling less than 2x the value
Elements: but not more than 3x the real property must be employed by the offender
a. The thing is immovable
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b. The offender, who is not the owner of the property, Note: Mere intent to cause damage is NOT sufficient.
represents that he is the owner There must be actual damage
c. He executes acts of ownership
d. The act is made to the prejudice of the owner or a 3rd ACT 2
Encumbrance - every right or interest in the land
person
which exists in favor of 3rd persons
2. Disposing or real property as free from encumbrance, The act constituting the offense is the disposing of the
although such encumbrance is not recorded real property falsely representing that it is free from
encumbrance
Elements:
a. The thing disposed is real property Offended party must have been deceived, that is, he
b. The offender knew that the real property was would not have granted the loan had he known that
encumbered, whether the encumbrance is recorded or the property is already encumbered
not
Note: When loan is first granted before offering the
c. There is express representation by the offender that
property as security, this article is not applicable
the real property is free from encumbrance
d. The act of disposing of the real property is made to The encumbrance MUST be recorded because there
the damage of another is no encumbrance until such is registered
3. Wrongful taking by the owner of his property from its rightful Usurious loan with equitable mortgage is not an
possessor encumbrance on the property
Elements: Note: The offender MUST know that the property is

a. Offender is the owner of the personal property encumbered
b. Property is in the lawful possession of another
There MUST be deceit, fraud or misrepresentation.
c. Offender wrongfully takes it from its lawful possessor Such cannot be implied or presumed
d. Prejudice is thereby caused to the possessor or to a
3rd person When there is no fraud, deceit or misrepresentation,
there is no crime
4. Executing any fictitious contract to the prejudice of another
5. Accepting any compensation for services not rendered or for ACT 3
labor not performed Note: Offender must be the owner of the personal
6. Selling, mortgaging, or encumbering real property or proper
properties with which the offender guaranteed the fulfillment
ACT 4
of his obligation as surety
If the conveyance is real and not simulated, the crime
is fraudulent insolvency
Elements:
a. Offender is a surety in a bond given in a criminal or ACT 5
civil action Note: This kind of estafa required fraud. If there is no
b. He guaranteed the fulfillment of such obligation with fraud, it becomes solutio indebiti and only civil liability
Limlingan 2018-2109 || 92
his real property arises
c. He sells, mortgage, or in any other manner
encumbers said real property What constitute the crime is the malicious failure to
d. Such sale, mortgage or encumbrance is: return the compensation wrongfully received
i. W/o express authority from the court
ACT 6
ii. Made before cancellation of his bond Note: There must be damage.
iii. Made before being relieved from the obligation
contracted by him
Elements:
1. Offender takes advantage of the inexperience or emotions or
feelings of a minor Actual proof of deceit or misrepresentation is
2. He induces such minot to: NOT essential. It is sufficient that the offender
a. Assume an obligation takes advantage of the inexperience or emotions
Arresto Mayor + fine of
Swindling a b. Give release of the minor
317 Any person 10 to 50% of the value
Minor c. Execute a transfer of any property right
of the obligation
3. The consideration is: Note: Real property is not included
a. Some loan of money
b. Credit Age of minor is under 21 y/o
c. Other personal property
4. The transaction is to the detriment of such minor
Arresto Mayor + fine of

not less than the
Acts Punishable:
amount of the damage
1. Defrauding or damaging another by any other deceit not Note: Damage is required
caused and not more
mentioned in the preceding articles
318 Other Deceits Any person than twice such
2. Interpreting dreams, making forecasts, telling fortunes or The deceits in this article include false pretenses
amount
taking advantage of the credulity of the public in any other and fraudulent acts
similar manner, for profit or gain
Fortune teller - Arresto
Mayor OR 40k fine
Acts Punishable: Note: The chattel mortgage must be valid and

1. Knowingly removing any personal property mortgaged under subsisting.
Removal, Sale,
the Chattel Mortgage Law to any province or city other than Arresto Mayor + fine
or Pledge of
319 the one in which it was located at the time of execution of the Any person 2x the value of the If the chattel mortgage does not contain an
Mortgage
mortgage, w/o written consent of the mortgagee or his thing affidavit of good faith and is not registered, it is
Property
executors, administrators, or assigns void
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Elements: Note: Offender is any person who knows of the
a. Personal property is mortgaged under the Chattel mortgage in Act 1, not necessarily the owner.
Mortgage Law
b. Offender knows that such property is mortgaged The removal of the mortgaged personal property
c. He removes such mortgaged personal property to any MUST be coupled with intent to defraud
province or city other than the one in which it was
located at the time of the execution of the mortgage Filing a civil action for collection, not for
d. The removal is permanent foreclosure of chattel mortgage, relieved the
e. There is no written consent of the mortgagee or his accused of criminal liability
executors or assigns to such removal
Note: Damage is NOT necessary
2. Selling or pledging personal property already pledged, or any
part thereof, under the terms of the Chattel Mortgage Law, The consent must be:
without the consent of the mortgagee written on the back of 1. In writing
the mortgage and noted on the record thereof in the office of 2. On the back of the mortgage
the registrar of deeds of the province where such property is 3. Noted on the record thereof in the office
located of the register of deeds
Elements: Chattel mortgage may give rise to estafa by

a. Personal property is already pledged under the terms means of deceit if there is damage
of the Chattel Mortgage Law
b. The offender, who is mortgagor of such property, sells
or pledges the same or any part thereof
c. There is no consent of the mortgage written on the
back of the mortgage and noted on the record thereof
in the office of the register of deeds
320 Destructive Arson
Other Forms of
321 Arson
Cases of Arson REPEALED

Not Included in
322
the Preceding
Articles
Arson of Property
323 of Small Value
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Crimes Involving
324 Destruction
Burning One’s
own Property as a
325
means to commit
arson
Setting Fire to
Property
326 Exclusively
Owned by the
Offender
In cases where
326
death resulted as
-A a consequence
326 Prima Facie

-B Evidence of Arson
P.D. No. 1613: AMENDING THE LAW ON ARSON
Kinds of Arson: Arson - malicious destruction of property by fire

1. Simple Arson Simple - Prision Mayor
a. Burning or setting fire to the property of another Elements of Destructive Arson:
b. Setting fire to his own property under circumstances Destructive - 1. Offender causes destruction
which expose to danger the life or property of another Reclusion Temporal 2. Destruction is caused by any of the
max period to following means:
2. Destructive Arson Reclusion Perpetua a. Explosion
a. Any ammunition factory and other establishment b. Discharge of electric current
where explosives, inflammable or combustible Other - Reclusion c. Inundation, sinking, or stranding of
Any person
materials are stored. Temporal to Reclusion a vessel, or intentional damaging
b. Any archive, museum, whether public or private, or Perpetua of the engine of said vessel
any edifice devoted to culture, education or social d. Taking up the rails from a railway
services. Death - Reclusion track
c. Any church or place of worship or other building Perpetua e. Maliciously changing railway
where people usually assemble. signals for the safety of moving
d. Any train, airplane or any aircraft, vessel or watercraft, Conspiracy - Prision trains
or conveyance for transportation of persons or Mayor min period f. Destroying telegraph wires and
property telegraph posts or those of any
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e. Any building where evidence is kept for use in any other system
legislative, judicial, administrative or other official g. Using any other agency or means
proceedings. of destruction as effective as
f. Any hospital, hotel, dormitory, lodging house, housing those above enumerated
tenement, shopping center, public or private market,
theater or movie house or any similar place or Burning of houses is considered as Simple Arson
building.
g. Any building, whether used as a dwelling or not, If the property burned is an inhabited house or
situated in a populated or congested area. dwelling, it is not required that the house be
occupied by one or more persons and the
3. Other Cases of Arson offender knew it when the house was burned
a. Any building used as offices of the government or any
of its agencies;
b. Any inhabited house or dwelling;
c. Any industrial establishment, shipyard, oil well or mine
shaft, platform or tunnel;
d. Any plantation, farm, pastureland, growing crop, grain
field, orchard, bamboo grove or forest;
e. Any rice mill, sugar mill, cane mill or mill central; and
f. Any railway or bus station, airport, wharf or
warehouse.
Special Aggravating Circumstances:

1. With intent to gain There is no complex crime of Arson with
2. For the benefit of another Homicide. If by reason or on occasion of arson,
3. Offender is motivated by spite or hatred towards the owner or death results, the crime of Homicide is absorbed
occupant of the property burned in arson
4. Committed by a syndicate
Prima Facie Evidence of Arson: Attempted Arson - commences the commission

1. The fire started simultaneously in more than 1 part of the bldg but was not able to execute all acts
2. A substantial amount of flammable materials are stored in the - Pouring gasoline on rags but when was
building about to light the match, he was
3. Gasoline, kerosene, petroleum or other flammable or discovered
combustible substances or materials soaked therewith or - It is not necessary that there be a fire
containers thereof, or any mechanical, electrical, chemical, or
electronic contrivance designed to start a fire, or ashes or Frustrated Arson - was able to light the match but
traces of any of the foregoing are found in the ruins or fire was put out before it had burned any part of
premises of the burned building or property the bldg
4. The building or property is insured for substantially more than
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its actual value at the time of the issuance of the policy Consummated Arson - if before the fire was put
5. If during the lifetime of the corresponding fire insurance policy out, it has already burned or charred a part of the
more than two fires have occurred in the same or other building
premises owned or under the control of the offender and/or
insured Note: Setting fire to the contents of a bldg
6. If shortly before the fire, a substantial portion of the effects constitutes consummated arson even if no part of
insured and stored in a building or property had been the bldg was burned
withdrawn from the premises except in the ordinary course of
business
7. Demand for money or other valuable consideration was made
before the fire in exchange for the desistance of the offender
or for the safety of the person or property of the victim
Note: The 3rd element presupposes that the

offender acted due to hate, revenge, or other evil
motive
The offender should act under the impulse of a

specific desire to inflict injury to another
Malicious Mischief CANNOT be committed thru

negligence because culpa and malice are
Elements:
incompatible
1. Offender deliberately caused damage to the property of
Who are liable another
Malicious mischief embraces those attempts
327 for Malicious 2. Such act does not constitute arson or other crimes involving Any person
against another’s property inspired sometimes by
Mischief destruction
hatred, or a desire for revenge and sometime by
3. The act of damaging another’s property be committed merely
the mere pleasure of destroying
for the sake of damaging it
Note: If there is no malice, there is only civil
liability
Damage means not only loss but also diminution

of what is a man’s own. Damage to another’s
house includes defacing it
Damage must not result from a crime

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A person may be charged with malicious
mischief thru reckless imprudence
Acts Punishable:
>1k - Prision
1. Causing damage to obstruct the performance of public
Correccional min to
function
med period
Special Cases 2. Using any poisonous or corrosive substance
328 of Malicious 3. Spreading any infection or contagion among cattle Any person This article refers to qualified malicious mischief
1k to 200 - Arresto
Mischief 4. Causing damage to the property of the National Museum or
Mayor
National Library or to any archive or registry, waterworks,
road, promenade, or any other thing used in common by the
<200 - Arresto Menor
public
>1k - Arresto Mayor

med to max period
1k to 200 - Arresto
If the amount cannot be estimated, penalty is still
329 Other Mischiefs Other mischiefs not included in Art 328 Any person Mayor min to med
Arresto Menor
period
<200 - Arresto Menor

OR fine
Note: The derailment or collision should not have

been purposely sought for by the offender
Damage and Acts Punishable:
med to max period
Obstruction to 1. Damaging any railway, telegraph or telephone lines It should NOT be removing rails from railway
330 Any person
Means of 2. Qualified if the damage results in any derailment of cars, track to cause destruction
Derailment - Prision
Communication collision or other accidents
Mayor
Not applicable when the telegraph or telephone
lines do not pertain to railways
Statues - Prision
Destroying or Acts Punishable: Correccional min
Damaging 1. Destroying or damaging statues or any other useful or period
331 Statues, Public ornamental public monuments Any person
Monuments, or 2. Destroying or damaging any useful or ornamental painting of Paintings - Arresto
Paintings a public nature Menor OR 40k fine OR
BOTH
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Note: The crime robbery or estafa through
falsification is not included. The list is exclusive
There is only civil liability

Crimes Involved:
1. Theft This article does not apply to stranger who
2. Swindling (estafa) participates in the commission of the crime
3. Malicious Mischief
Note: Stepfather, and stepmother are included as
Persons Exempt
Persons Exempt: ascendants by affinity
332 from Criminal
1. Spouses, ascendants and descendants, or relatives by
Liability
affinity in the same line. An adopted or natural child should also be
2. The widowed spouse with respect to the property which considered as relatives included in the term
belonged to the deceased spouse before the same shall have “descendants” and a concubine or paramour
passed into the possession of another; and within the term “spouses”
3. Brothers and sisters and brothers-in-law and sisters-in-law, if
living together. Note: Art 332 applies to common-law spouses
Brothers and sisters and brothers-in-law and

sisters-in-law MUST be living together
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TITLE XI: CRIMES COMMITTED BY PUBLIC OFFICERS
Note: The woman MUST be legally married and

the man MUST know that she is married
There is still adultery even if the marriage was

subsequently annulled or declared void
Direct proof of carnal knowledge is not

necessary, circumstantial evidence is enough
Adultery is not a continuing offense and each

sexual intercourse constitute a crime of adultery
The gist of the crime of adultery is the danger of

introducing spurious heirs into the family, where
Elements: the rights of the real heirs may be impaired and a
med to max period
Who are Guilty 1. The woman is married Married Woman man may be charged with the maintenance of a
333
of Adultery 2. She has sexual intercourse with a man not her husband and the Man family not his own, thus the penalty is higher
Abandoned - Arresto
3. As regards the man, he must know her to be married
Mayor
Abandonment w/o just cause or sheer necessity
is a mitigating circumstance for both parties
Requisites for Pardon:

1. Must come before the institution of the
criminal prosecution
2. Both the offenders must be pardoned
Note: Act of intercourse between the married

couple after an adulterous conduct is an implied
pardon
There can be no adultery when there is consent
Acts Punishable: Prision Correccional Note: Penalty is lighter than adultery because infidelity
334 Concubinage Married man
1. Keeping a mistress in the conjugal dwelling min to med period of the husband does not bring into the family a
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2. Having sexual intercourse, under scandalous circumstances, spurious offspring
with a woman who is not his wife Woman - Destierro
3. Cohabiting with her in any other place Offender MUST be a married man. The woman
becomes liable only if she knows that he is married
Elements:
A married man is not liable for concubinage for mere
1. The man must be married sexual relations with a woman not his wife. Such
2. He committed any of the acts above. MUST be scandalous.
3. As regards the woman, she must know him to be married
But scandalous circumstances is not necessary if he
is keeping the mistress in the conjugal dwelling or
cohabiting with her
Instances of Scandalous Circumstance:

1. He and his mistress live in the same room of
a house
2. They appear together in public
3. Perform acts in sight of the community which
give rise to criticism and general protest
among the neighbors
Note: Sexual intercourse may be proved by

circumstantial evidence
The people in the vicinity are the best witnesses to

prove scandalous circumstance
When spies are employed, no scandalous

circumstance is necessarily proved
Cohabit - dwell together, in the manner of husband

and wife, for some period of time, as distinguished
from occasional
A person who keeps a mistress in an apartment

furnished by him is not guilty of concubinage if he
does not live or sleep with her in said apartment
When & How

335 REPEALED
Rape is Committd
Elements: Lewd - obscene, lustful, indecent, lecherous. It

Acts of
336 1. Offender commits any act of lasciviousness or lewdness Any person Prision Correccional signifies the form of immorality which has relation to
Lasciviousness moral impurity or that which is carried on a wanton
2. The act of lasciviousness is committed against a person of
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either sex manner
3. It is done under any of the following circumstances:
a. By using force or intimidation Note: Motive of lascivious acts is not important
b. When the offended party is deprived of reason or because the essence of lewdness is in the very act
itself
otherwise unconscious
c. By means of fraudulent machination or grave abuse of The presence or absence of lewd design is inferred
authority from the nature of the acts themselves and the
d. When the offended party is under 12 years of age or environmental circumstances
is demented
Note: Lover’s embraces and kisses are not acts of
lasciviousness
Placing a man’s private parts over a girl’s genital

organ is an act of lasciviousness
Note: Moral compulsion amounting to intimidation is

sufficient. It is not necessary that the intimidation or
physical force be irresistible
Desistance in the commission of attempted rape may

constitute acts of lasciviousness
Note: No attempted or frustrated crime of acts of

lasciviousness
Who Could be the Offenders in Qualified Seduction:

Acts Punishable: 1. Those who abused their authority
a. Person in public authority
1. Seduction of a virgin over 12 y/o and under 18 y/o by certain
b. Guardian
persons c. Teacher
d. Person, who in any capacity, is
Elements: Education - Prision entrusted with the education or
1. The offended party is a virgin, which is presumed if Correccional min to custody of the woman seduced
Qualified she is unmarried and of good reputation med period 2. Those who abused confidence reposed in
337 Any person
Seduction 2. She must be over 12 y/o and under 18 y/o them
3. The offender has sexual intercourse with her Ascendant - Prision a. Priest
4. There is abuse of authority, confidence or relationship Mayor b. House servant
on the part of the offender c. Dometic
3. Those who abused their relationship
a. Brother who seduced his sister
2. Seduction of a sister by her brother, or descendant by her b. Ascendant who seduced his
ascendant regardless of her age or reputation descendant
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Note: The offended party must be a virgin, over 12 y/o
and 18 y/o but NOT necessarily physically virgin
The virginity to which the Penal Code refers is not be

understood in so material in a sense as to exclude the
idea of abduction of a virtuous woman of good
reputation
There must be sexual intercourse in qualified

seduction
The character of the offender is what qualifies the

crime
Note: Deceit is not an element of qualified seduction.

It is replaced by abuse of confidence
Consent of the girl is not a defense because lack of

consent is not an element of the crime
Elements: Note: Victim MUST be over 12 y/o and under 18

1. Offended party is over 12 y/o and under 18 y/o y/o
Simple
338 2. She must be of good reputation, single or widow Any person Arresto Mayor
Seduction
3. Offender has sexual intercourse with her Virginity is NOT required. There MUST be sexual
4. Committed by means of deceit intercourse to consummate the crime
Note: Males cannot be the offended party in this

Elements:
crime
1. Offender commits acts of lasciviousness or lewdness
Acts of 2. The acts are committed upon a woman who is:
It is necessary that the crime is committed under
Lasciviousness a. a virgin or single or widow of good reputation
circumstances which would make it qualified or
339 with the Consent b. under 18 y/o but over 12 y/o Any person Arresto Mayor
simple seduction had there been sexual
of the Offended c. a sister or descendant regardless of her reputation or
intercourse
Party age
3. Offender accomplishes the acts of abuse of authority,
Consent is obtained by abuse of authority,
confidence, relationship, or deceit
confidence or relationship or by deceit
Prision Mayor Note: Habituality or abuse of authority or

Acts Punishable: confidence is not necessary
Corruption of
340 1. Promoting or facilitating the prostitution or corruption of Any person Publiv Officer - Prision
Minors
minors to satisfy the lust of another Mayor + Temporary It is not necessary that the unchaste acts shall
Absolute have been done
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Disqualification
Note: Victim MUST be below 21 y/o
Victim must be of good reputation
R.A No. 7610: Special Protection of Children Against Abuse, Exploitation and Discrimination Act
Acts Punishable:
1. Engaging in or promoting, facilitating or inducing child
prostitution which include but not limited to:
a. Acting as a procurer of a child prostitute
b. Inducing a person to be a client of a child prostitute by
means of written or oral advertisements or other
similar means
c. Taking advantage of influence or relationship to
procure a child as prostitute
d. Threatening or using violence towards a child to
Child
engage him as a prostitute Reclusion Temporal
Sec Prostitution and
e. Giving monetary consideration, goods, other Any person med period to
5 Other Sexual
pecuniary benefit to a child with the intent to engage Reclusion Perpetua
Abuse
such child in prostitution
2. Committing the act of sexual intercourse of lascivious conduct
with a child exploited in prostitution or subject to other sexual
abuse
3. Deriving profit or advantage therefrom, whether as manager
or owner of the establishment where the prostitution takes
place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which
engages in prostitution in addition to the activity for which the
license has been issued to said establishment
There is an attempt to commit child prostitution under Section 5,

paragraph (a) hereof when any person who, not being a relative of a
child, is found alone with the said child inside the room or cubicle of a
Attempt to house, an inn, hotel, motel, pension house, apartelle or other similar
Sec
Commit Child establishments, vessel, vehicle or any other hidden or secluded area
6
Prostitution under circumstances which would lead a reasonable person to
believe that the child is about to be exploited in prostitution and other
sexual abuse.
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There is also an attempt to commit child prostitution, under
paragraph (b) of Section 5 hereof when any person is receiving
services from a child in a sauna parlor or bath, massage clinic, health
club and other similar establishments. A penalty lower by two (2)
degrees than that prescribed for the consummated felony under
Section 5 hereof shall be imposed upon the principals of the attempt
to commit the crime of child prostitution under this Act, or, in the
proper case, under the Revised Penal Code.
One of the acts punishable is sufficient to

constitute the offense
Acts Punishable:
White Slave 1. Engaging in the business of prostitution Prision Correccional Note: Habituality is not necessary
341 Any person
Trade 2. Profiting by prostitution med to max period
3. Enlisting the services of women for the purpose of prostitution Offender need not be the owner of the house and
the mainter or manager of house of ill-repute
need not be present at the time of raid or arrest
Crimes Against Chastity Where Age and Reputation

of Victim are Immaterial:
1. Rape
2. Acts of Lasciviousness w/o consent
3. Qualified seduction of sister or descendant
4. Forcible abduction
Note: The taking away of the woman MUST be

Elements: against her will and may be accomplished by means
1. Person abducted is any woman, regardless, of her age, civil of deceit first then followed by violence and
Forcible
342 status, or reputation Any person Reclusion Temporal intimidation
Abduction
2. The abduction is against her will
3. The abduction is with lewd designs If victim is below 12 y/o, crime is forcible abduction
even if she goes voluntarily
Note: Sexual intercourse is not necessary in forcible

abduction
Intent to marry does not constitute unchaste designs

when both defendant and the woman have the
required age for consenting to marriage
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When there are several defendants, it is enough that
one of them had lewd designs
If victim is below 12 y/o, it’s forcible abduction
The taking away of the girl need NOT be of

Elements: permanent character
1. The offended party must be a virgin
2. She must be over 12 y/o and under 18 y/o Offended party need not be taken from her
Consented Prision Correccional
343 3. The taking away of the offended party must be with her Any person house. It is sufficient that he was instrumental to
Abduction min to med period
consent, after solicitation or cajolery from the offender her escape
4. The taking away of the offended party must be with lewd
designs When there is no solicitation or cajolery or deceit,
there is no crime
The taking away MUST be with lewd designs
Crimes against chastity cannot be prosecuted de

oficio out of consideration for the offended woman
and her family who might prefer to suffer the outrage
in silence rather than go through with the scandal of a
public trial
Note: Rape is now a crime against persons and thus,

may be prosecuted de oficio by any person
Prosecution of Rules::
the Crimes of 1. Adultery and concubinage must be prosecuted upon Adultery and concubinage may not be prosecuted
Adultery, complaint signed by the offended spouse except upon the complaint of the offended spouse
Concubinage, 2. Seduction, abduction, rape, or acts of lasciviousness must be and only the offended spouse can file the complaint
344 Seduction, prosecuted upon complaint signed by: -- --
Abduction, a. Offended party Both the guilty parties, if both alive, must be included
Rape, and Acts b. Her parents in the complaint for adultery and concubinage even if
of c. Grandparents one of them is not guilty because it is for the court to
decide the guilt of the parties
Lasciviousness d. Guardians in the order in which they are named above
In the case of seduction, abduction, rape or acts of
lasciviousness, the offended party can file the
complaint even if she is a minor given that she is not
insane or physically disabled
When the offended party is a minor and she does not

file the complaint, such may be done by her parents
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When the offended party is of age and is in complete
possession of her mental and physical faculties, she
alone can file the complaint
The complaint, which must be signed by the offended

party, must be filed in court and not with the fiscal
Rape complexed with a another crime need not

signed by the offended woman because public
interest is always paramount to private interest
Express pardon of the offender by the victim or other

persons named in the law, as the case may be, is a
bar to prosecution for seduction, abduction, rape, or
acts of lasciviousness
Pardon by the victim who is a minor MUST have the

concurrence of her parents
Marriage extinguishes criminal liability in abduction,

acts of lasciviousness, seduction and rape
Civil Liability in Rape, Seduction or Abduction:

Civil Liability of Note: No civil liability for acts of lasciviousness
1. To indemnify the offended woman
Persons Guilty
345 2. To acknowledge the offspring, unless the law should prevent -- --
of Crimes In multiple rape, all the accused must support the
him from doing so
Against Chastity offspring
3. In every case, to support the offspring
The ascendants, guardians, curators, teachers and any person who,

by abuse of authority or confidential relationships, shall cooperate as Persons who Cooperate as Accomplices but are
Liability of
accomplices in the perpetration of the crimes embraced in chapters, Punished as Principals in Rape, Seduction,
Ascendants,
second, third and fourth, of this title, shall be punished as principals. Abduction, Etc:
Guardians,
1. Ascendants
Teachers, or
Teachers or other persons in any other capacity entrusted with the 2. Guardians
346 Other Persons
education and guidance of youth, shall also suffer the penalty of 3. Curators
Entrusted with
temporary special disqualification in its maximum period to perpetual 4. Teachers
the Custody of
special disqualification. 5. Any other person, who cooperates as
the Offended
accomplice with abuse of authority or
Party
Any person falling within the terms of this article, and any other confidential relationship
person guilty of corruption of minors for the benefit of another, shall
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be punished by special disqualification from filling the office of
guardian.
TITLE XII: CRIMES AGAINST THE CIVIL STATUS OF PERSONS
Note: The object of the crime under this article is the

creation of false, or the causing of the loss of, civil
status
Acts Punishable:
Simulation of Birth - takes place when the woman
1. Simulation of births pretends to be pregnant when in fact she is not, and
Simulation of
2. Substitution of one child for another on the day of the supposed delivery, takes the child of
Births, Prision Mayor + 200k
3. Concealing or abandoning any legitimate child with intent to another as her own.
Substitution of fine
cause such child to lose its civil status
One Child for
Elements: When the purpose of such woman is to just belie the
347 Another, and Any person Physician - Prision reputation that she is sterile but introduces no strange
a. Child must be legitimate
Concealment or Mayor + 200k fine + child in the family and causes no child to lose his civil
b. Offender conceals or abandons such child
Abandonment of temporary special status, and in fact, occasions no damage, no liability
c. Offender has intent to cause such child to lose its civil
a Legitimate disqualification
status
Child Note: The fact that the child will be benefited by the
simulation of its birth is not a defense
There MUST be intent to cause such child to lose its

civil status in abandoning or concealing a legitimate
child
The term “civil status” includes one’s public

station, or the rights, duties, capacities and
incapacities which determine a person to a given
Prision Mayor class.
Acts Punishable: - Includes one’s profession
Usurpation of
348 Representing oneself to another and assuming the filiation or Any person Fraud - Prision
Civil Status
the parental or conjugal rights of such person Correccional med to Note: There MUST be intent to enjoy the rights
max period arising from the civil status of another
The purpose of defrauding the victim or his heirs

qualifies the crime
349 Bigamy Elements: Married person Prision Mayor Nullity of marriage is not a defense in bigamy,
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1. Offender has been legally married because there MUST be a judicial declaration of
2. Marriage has not been legally dissolved or in case his or her nullity of a marriage before contracting a 2nd marriage
spouse is absent, the absent spouse could not yet be
presumed dead according to Civil Code Art 349 punishes the act of contracting a second or
subsequent marriage before the dissolution of the
3. He contracts a second or subsequent marriage
former marriage
4. The second or subsequent marriage has all the essential
requisites for validity Rule on Divorce:
1. If the spouse is Filipino citizen, still guilty
2. If the spouse is alien, not guilty
Important Notes:
1. The first marriage MUST be valid
2. A declaration of presumptive death should
first be obtained from the courts
3. 2nd marriage MUST have all the essential
requisites
- If the 2nd marriage is void, there is no
bigamy
Note: Validity of 2nd marriage is a prejudicial question

to liability for bigamy
Second spouse is NOT necessarily liable for bigamy,

such question is up to fiscal
If the second spouse KNEW of the first marriage,

he/she is an accomplice as well as the witnesses
Note: Bigamy is NOT a private crime
A person convicted of bigamy may still be prosecuted

for concubinage
Qualifying Circumstance: If the consent is obtained by

means of violence, intimidation
Marriage Elements:
med to max period Note: Offender MUST not be guilty of bigamy
Contracted 1. Offender contracted marriage
350 Against 2. He knew at the time that Any person
Violence - Prision Conviction of a violation of Art 350 involves moral
Provisions of a. The requirements of the law were not complied with turpitude
Correccional max
Laws b. The marriage was in disregard of a legal impediment
period
Requirements of the Law for Valid Marriage:
1. Legal capacity of the contracting parties who
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must be a male and female
2. Consent freely given in the presence of the
solemnizing officer
3. Authority of the solemnizing officer
4. A valid marriage license, except in marriages
of exceptional character
5. A marriage ceremony which takes place with
the appearance of the contracting parties
before the solemnizing office and their
personal declaration that they take each other
as husband and wife in the presence of not
less than 2 witnesses of legal age
This provision is intended to prevent confusion in

connection with filiation and paternity, inasmuch as
the widow might have conceived and become
Persons Liable for Premature Marriages: pregnant by her late husband
1. A widow who married within 301 days from the date of the
death of her husband or before having delivered if she is Widow and Note: The purpose of the law is to prevent doubtful
Premature
351 pregnant at the time of his death Annulled Arresto Mayor paternity
Marriages
2. A woman who, her marriage having been annulled or Woman
dissolved married before her delivery or before the expiration The period of 301 days may be disregarded if the 1st
of the period of 301 days after the date of the legal separation husband is sterile or impotent
The period of 301 says is important only for cases

where the woman is not pregnant
Note: Offender MUST be authorized to

solemnize marriages
Performance of Priests,
Act Punishable: Offender is punished under the Marriage Law
352 Illegal Marriage Ministers, Civil --
Performing or authorizing any illegal marriage ceremony
Ceremony Authorities
A clergyman who performed a marriage
ceremony, not knowing that one of the
contracting parties is a minor is not liable
TITLE XIII: CRIMES AGAINST HONOR
353 Definition of Elements of Defamation: Any person --
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Libel 1. There must be an imputation of a crime, or of a vice or defect, Note: Defamation is the proper term for libel as used
or imaginary, or any act, omission, status, or circumstance in Art 353
2. The imputation must be made publicly
3. It must be malicious Defamation
- includes libel and slander
4. The imputation must be directed to natural or juridical or one
- The offense of injuring a person’s character,
who is dead fame or reputation through false and
5. The imputation must tend to cause the dishonor, discredit, or malicious statements
contempt of the person defamed - Tends to injure reputation
- Publication of anything which is injurious to
Coverage of Defamatory Imputation: the good name or reputation of another or
1. Crime allegedly committed by the offended party tends to bring him into disrepute
2. Vice or defect, real or imaginary of the offended party
3. Any act, omission, condition, status of, or circumstance Slander - oral defamation
relating to the offended party
Libel - defamation committed by means of writing,
printing, lithography, engraving, radio, phonograph,
painting or theatrical or cinematographic exhibition or
similar means
The alleged libelous article must be construed as a

whole, the meaning of the writer is immaterial
- The meaning of the writer is immaterial, it is
the meaning CONVEYED to the minds of
persons of reasonable understanding that the
law looks at, taking into consideration the
surrounding circumstances
Imputation of a crime may be implied from the acts

and statements of the accused
Note: Imputation of criminal intention is NOT libelous

because intent to commit a crime is not a violation of
the law
An expression of opinion by one affected by the act of

another and based on actual fact is not libelous
In order to avoid liability, communication MUST be

made in the performance of a “legal, moral, or social
duty”
Note: Imputation MUST be made PUBLICLY
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Publication - communication of the defamatory matter
to some third person or persons
Note: Delivering the article to the typesetter is

sufficient publication
Sending a letter in a sealed envelope through a

messenger, is NOT publication but when such letter is
not seated, there is publication
There is NO crime if the defamatory imputation is

NOT published
Note: There MUST be malice
Malice - term used to indicate the fact that the

offender is prompted ill-will or spite and speaks not in
response to duty, but merely to injure the reputation of
the person defamed
Two Kinds of Malice:

1. Malice in Fact
- May be shown by proof of ill-will,
hatred or purpose to injure
2. Malice in Law
- Presumed from a defamatory
imputation
Where the communication is privileged, malice is not

presumed from the defamatory words; the prosecution
must prove malice whenever the imputation appears
in a privileged communication
Malice in law is not necessarily inconsistent with an

honest or even laudable purpose. But where malice in
fact is present, justifiable motive cannot exist and the
imputation becomes actionable
Note: Identification of the offended party IS

REQUIRED
It is not sufficient that the offended party recognized

himself as the person attacked or defamed, it must be
shown that at least a third person could identify him
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as the object of the libelous publication
Purpose MUST be to injure the reputation of the

offended party
Note: Malice in law is presumed from every

defamatory imputation
Exception to Presumption of Malice: Presumption is Rebutted When:
1. A private communication made by any person to another in 1. The defamatory imputation is true, in case the
the performance of any legal, moral, or social duty law allows proof of the truth of the imputation
2. It is published with good intention
Requisites of Privileged Communication: 3. There is justifiable motive for making it
a. The person who made the communication had a legal,
moral or social duty to make the communication, or at Two Kinds of Privileged Communication:
least, had an interest to be upheld 1. Absolute
b. The communication is addressed to an officer or - NOT actionable, EVEN IF its author
has acted in bad faith
board or superior having some interest or duty in the
2. Conditional or Qualified
matter - Those which, although containing
c. The statements in the communication are made in defamatory imputations, would not be
good faith and without malice actionable UNLESS made with malice
or bad faith
Requirement for 2. A fair and true report, made in good faith, without any - Loss by proof of malice
354 -- --
Publicity comments or remarks of any judicial, legislative, or other
official proceeding which are not of confidential nature, or of Note: The charges or accusations MUST be made in
any statement, report or speech delivered in said private communication
proceedings, or of any other act performed by public officers
Even when the statements are found to be false, if
in the exercise of their functions
there is probable cause for belief in their truthfulness
and the charge is made in good faith, the mantle of
Requisites of Fair and True Report: privilege may sill cover the mistake of the individual
a. It is a fair and true report of a judicial, legislative or
other official proceeding which are NOT of a But the statement MUST be made under an honest
confidential nature; or a statement/speech/report sense of duty; a self-seeking motive is destructive
delivered in said proceeding, or of any other act
performed by a public official in the exercise of his Generally speaking, truth is NOT a defence in libel.
functions An offender may NOT invoke ‘truth’ as a defence in
b. It is made in good faith libel, because libel is a punishable act wherein the law
looks at the effect to the minds of the public and NOT
c. It is without any comments or remarks
at the intrinsic value of the publication
Malice in law is presumed from every defamatory
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imputation, EVEN IF it were true, the presumption still
exists if no good intention and justifiable motive for
making it is shown
A report with comments or remarks is not privileged
Note: In order to overcome the privilege of a fair and

true report, malice MUST be shown
Only matters which are NOT confidential can be

published
Doctrine of Fair Comment

- While in general, every discreditable
imputation publicly made is deemed false,
because every man is presumed innocent
until his guilt is judicially proved, and every
false imputation is deemed malicious
nevertheless, when the discreditable
imputation is directed against a public person
in his public capacity
Note: Retaliation or vindictiveness CANNOT be a

basis of self-defense in defamation
R.A. No. 4200: THE ANTI-WIRE TAPPING ACT
Acts Punishable: Requirements for Written Order:

1. Tapping any wire or cable 1. There are reasonable grounds to believe that
2. Using any other device or arrangement, to secretly overhear, any of the crimes enumerated hereinabove
intercept, or record such communication or spoken word by has been committed or about to be committed
using a device commonly known as dictaphone or dictagraph Imprisonment for not 2. There are reasonable grounds to believe that
or detecta-phone or walkie talkie or tape recorder or however less than 6 months or evidence will be obtained essential to the
conviction of any person for, or to the solution
otherwise described Any person more than 6 years +
of, or to the prevention of, any such crimes
3. Knowingly possessing any tape record, wire record, disc perpetual absolute 3. There are no other means readily available
record, or any other such record or copies thereof, of any disqualification for obtaining such evidence
communication or spoken word secured either before or after
the effective date of this Act in the manner prohibited by this The Order Shall Specify:
law 1. The identity of the person or persons whose
4. Replaying the same for any other person or persons communications, conversations, discussions,
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5. Communicating the contents thereof, either verbally or in or spoken words are to be overheard,
writing intercepted, or recorded and, in case of
6. To furnish transcriptions thereof, whether complete or partial, telegraphic or telephonic communications, the
to any other person telegraph line or the telephone number
involved and its location
2. The identity of the peace officer authorized to
overhear intercept, or record the
communications, conversations, or spoken
words
3. The offense or offenses committed or sought
to be prevented
4. The period of the authorization
Any evidence obtained in violation of this law is

inadmissible in evidence
Note: This law does not cover an extension line
A Libel May Be Committed By Means Of:

1. Writing
2. Printing Defamation through amplifier is not libel but oral
3. Lithography defamation
Libel by Means 4. Engraving Prision Correccional
355 of Writing or 5. Radio Any person min to med period OR Means of publication MUST be of permanent
Similar Means 6. Phonograph 40k to 1.2M fine nature
7. Painting
8. Theatrical exhibition Defamation made in television program is libel
9. Cinematographic exhibition
10. Similar means
Note: Refers to blackmail

Threatening to
Acts Punishable: Blackmail - any unlawful extortion of money by
Publish and
1. Threatening another to publish a libel concerning him, or his threats of accusation or exposure
Offer to Prevent Arresto Mayor OR 40k
356 parents, spouse, child, or other members of his family Any person
Such Publication to 400k fine OR BOTH
2. Offering to prevent the publication of such libel for Felonies Which Refers to Blackmail:
for a
compensation, or money consideration 1. Light Threats (Art 283)
Compensation
2. Threatening to publish, or offering to
prevent the publication of, a libel for
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compensation (Art 356)
Note: This article refers to Gag Law
Prohibition applies even if the facts are involved

in official proceedings
Prohibited Elements:
Publication of 1. The offender is a reporter, editor or manager of a newspaper Two Things to Constitute a Violation of the
Acts Referred to daily or magazine Arresto Mayor OR 40k Prohibition:
357 Any person
in the Course of 2. He publishes facts connected with the private life of another to 200k fine OR BOTH 1. The article published contains facts
Official 3. Such facts are offensive to the honor, virtue, and reputation of connected with the private life of an
Proceedings said person individual
2. Such facts are offensive to the honor,
virtue, and reputation of said person
Note: The 2 requisites MUST concur
Slander - Oral defamation
Factors That Determine The Gravity of Oral

Defamation:
1. Upon the expressions used
2. On the personal relations of the accused and
Simple - Arresto the offended party
Mayor max period to 3. The circumstances surrounding the case
Two Kinds of Oral Defamation: Prision Correccional 4. Social standing and the position of the
358 Slander 1. Simple Slander Any person min period offended party
2. Grave Slander, when it is of a serious and insulting nature
Grave - Arresto Menor Note: The slander need not be heard by the offended
+ 20k fine party
There is oral defamation, even if other persons and

not the offended party heard the slanderous words,
because a man’s reputation is the estimate in which
others hold him, not the good opinion which he has of
himself
Elements: Serious - Arresto Slander by Deed - a crime against honor which is

1. Offender performs any act not included in any other crime Mayor max period to committed by performing any act which casts
359 Slander by Deed against honor Any person Prision Correccional dishonor, discredit, or contempt upon another
2. Such act is performed in the presence of other person or min period OR 20k to person
persons 100k fine
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3. Such act casts dishonor, discredit or contempt upon the Two Kinds:
offended party Not Serious - Arresto 1. Simple slander by deed
Menor OR 20k fine 2. Grave slander by deed, which is of a
serious nature
Note: Slander by deed refers to performance of

an act, not use of words
Note: The prime requisite of the crime of libel is not

necessarily the composing of the article but the
publishing of it
The editor of a daily newspaper, magazine or serial

publication is liable for the defamation contained
therein to the same extent as if he were the author
thereof
Venue for Criminal and Civil Action:

1. Where the libelous article is printed and first
Persons Responsible for Libel: published
1. Person who publishes, exhibits, or causes the publication or 2. Where any of the offended parties actually
exhibition of any defamation in writing or similar means resides at the time of the commission of the
2. Author or editor of a book or pamphlet offense
Persons
360 3. Editor or business manager of a daily newspaper magazine Any person 3. If the offended party is a public officer, at the
Responsible province or city where he held office
or serial publication
4. Owner of the printing plant which publishes a libelous article
with his consent and all other persons who in any way Note: Civil and criminal actions must be filed in the
participate in or have connection with its publication same court
The court where the criminal action or civil action for

damages is first file shall acquire jurisdiction to the
exclusion of other courts
Note: Actual damages need not be proved, at least

where the publication is libelous per se o when the
amount of the award is more or less nominal
No remedy for damages for slander or libel in case of

absolutely privileged communication
When Proof of Truth is Admissible: When the imputation involves the private life of a gov’t
Proof of the employee which is not related to the discharge of his
361 1. The act or omission imputed constitutes a crime regardless of -- --
Truth official duties, the offender can not prove the truth
whether the offended party is a private individual or a public thereof
Limlingan 2018-2109 || 117
officer
2. The offended party is a gov’t employee, even if the act or The proof of the truth of the accusation cannot be
omission imputed does not constitute a crime, provided, it is made to rest upon mere hearsay, rumors, or
related to the discharge of his official duties suspicion.
It MUST rest upon positive, direct evidence upon

which a definite finding may be made the Court
Three Requisites of Defense in Defamation:

1. If it appears that the matter charged as
libelous is true
2. It was published with good motives
3. And for justifiable ends
The goodness of the intention is not always sufficient

by itself to justify the publication of an injurious fact.
Retraction and mistake of publication is only a

mitigating circumstance
Libelous remarks or comments connected with the matter privileged

If remarks or comments are made upon a matter
Libelous under the provisions of art.354, if made with malice, shall not exempt
362 -- -- privileged, and malice in a fact is proved, the
Remarks the author thereof, nor the editor of a newspaper from criminal
author and the editor are liable
liability
Elements:
Note: This article is limited to acts of “planting”
1. Offender performs an act
Incriminating evidence and the like, which do not in
363 2. Such act he directly incriminates or imputes to an innocent Any person Arresto Mayor
Innocent Person themselves constitute false prosecution but tend
person the commission of a crime
directly to cause false prosecutions
3. Act does not constitute perjury
Includes in its scope any scheme or plot which

consists of some trickery for the above-defined
purpose
Acts Punishable: Gossiping, which is done by availing directly of

Intriguing Arresto Menor OR 20k
364 Making any intrigue which has for its principal purpose to Any person spoken words = Defamation, NOT intriguing
Against Honor fine
blemish the honor or reputation of another person against honour
Where the source of the information given can be

pinpointed and definitely determined, and it
passes from one to another for the purpose of
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causing dishonour, the crime is Slander
But where the source or the author of the

derogatory information cannot be determined
and the defendant borrows that information and
without subscribing to the truth thereof, passes it
to others, the crime is intriguing against honour
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TITLE XIV: QUASI OFFENSES (CRIMINAL NEGLIGENCE)
Reckless Imprudence - voluntarily, but WITHOUT

malice, doing or failing to do an act from which
material damage results by reason of inexcusable
Acts Punishable: lack of precaution on the part of the person
1. Committing through reckless imprudence any act which, had performing or failing to perform such act, taking into
it been intentional, would constitute a grave or less grave or consideration his employment or occupation, degree
light felony of intelligence, physical condition and other
circumstances regarding persons, time and place
2. Committing through simple imprudence or negligence an at
which would otherwise constitute a grave or a less serious Simple Imprudence - consists in the lack of precaution
felony displayed in those cases wherein the damage
3. Causing damage to the property of another through reckless impending to be caused is not immediate nor the
imprudence or simple imprudence or negligence danger clearly manifest
4. Causing through simple imprudence or negligence some
wrong, which if done maliciously, would have constituted a Note: *If the act performed would NOT constitute a
light felony felony (grave/less grave/light) under any other
provision of the Code which defines intentional felony,
art.365 is not applicable. There is no crime committed.
Elements of Reckless Imprudence:
Imprudence and
365 1. Offender does or fails to do an act Any person See Article 365 Imprudence or negligence is NOT a crime in itself, but
Negligence
2. The doing of/failure to do that act is voluntary rather a way of committing one; it merely determines
3. It is without malice a lower degree of criminal liability and becomes
4. Material damage results punishable ONLY when it results in a felony
5. There is inexcusable lack of precaution on the part of the
offender, taking into consideration: Criminal negligence is a quasi-offense, dealt with
a. His employment or occupation separately from wilful offenses; what is principally
b. Degree of intelligence, physical condition penalized is the mental attitude or condition behind
c. Other circumstances regarding persons, time and the act, the dangerous recklessness, the lack of care
place or foresight
Imprudence - deficiency of ACTION; failure in

Elements of Simple Imprudence: PRECAUTION
1. There is a lack of precaution on the part of the offender
2. The damage impending to be caused is not immediate or the Negligence - deficiency of PERCEPTION; failure in
danger is not clearly manifest ADVERTENCE
Criminal Negligence presupposes lack of intention to
Limlingan 2018-2109 || 120

commit the wrong done, but that it came about due to
imprudence on the part of the offender
Art.64 relative to mitigating and aggravating

circumstances is NOT applicable to crimes committed
through negligence; courts shall exercise sound
discretion by judging on a case-by-case basis
Contributory Negligence is NOT a complete defence,

it merely mitigates criminal liability
Doctrine of Last Clear Chance

- the contributory negligence of the injured
party will not the defeat the action if it is
shown that the accused might have avoided
the consequences of the negligence of the
injured party by the exercise of reasonable
care and prudence
Emergency Rule
- An accused who, by the negligence of
another and not by his own negligence, is
suddenly placed in an emergency and
compelled to act instantly to avoid injury is not
guilty of negligence if he makes such a choice
which a person of ordinary prudence placed
in such a position might make, even though
he did not make the wisest choice
Qualifying Circumstance: Failure lend help
Note: Violation of a rule and regulation or law is proof

of negligence
Limlingan 2018-2109 || 121

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Art Crime Elements/Acts Persons Penalty Notes

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

Treason - breach of allegiance, must be intentional

Enemies must be subject to a foreign power

Treason absorbs other common crimes committed in

Conspiracy - committed when in time of war, 2 or more persons

Elements: Intention to obtain info is NECESSARY in

2. By disclosing to the representative of a foreign nation the

Elements: Private individual -

2 Ways of Committing Piracy:

TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

<3 days - arresto

>15 days-6 months -

>6 months - reclusion

<3 days - arresto

>6 months - reclusion

3 Acts Punishable: <3 days - arresto

Acts Punishable: Subjects of search warrant:

Art Crime Elements/Acts Persons Penalty Notes

Elements: Rebellion - object of the movement is to

Rebellion absorbs other crimes, no art 48

Coup - prision mayor

Leader - Prision mayor

Acts Punishable: Scurrilous - low =, vulgar, mean, or foul

2. By arresting or searching any member thereof while the nat’l

Acts Punishable: Hitting a policeman in the breast with a fist is not

Elements (par 1):

Note: Not applicable to sentence executed by

Note: Condition extends to special laws

This article refers to quasi-recidivism.

TITLE IV: CRIMES AGAINST PUBLIC INTEREST

Counterfeiting Great Seal - circular in form, with arms consisting

Philippine coin - Prision

2. Actually uttering such false or mutilated coin, knowing the

3. Use of falsified documents Damage is not necessary in the crime of

Elements (any other transaction)

Acts Punishable: Physician and Public

Manufacturing Acts Punished: Prision correccional

Acts Punished: There must be positive, express, and explicit

Elements (Fictitious name):

Acts Punished: Note: Falsely testifying under oath should not be

Art 184 applies when the offender does not

Articles or merchandise involved:

RA 8293 (INTELLECTUAL PROPERTY CODE OF THE PHILIPPINES)

Elements: Trademark - means the name or designation

Trademark must not be merely descriptive or

Test in determining confusing similarity:

Note: SC adopts Dominancy Test

TITLE V: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

RA 9165 (COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002)

Drug - Life imprisonment to death + 500k to 10M

Precursor and essential chemical - 12 yrs, 1 day

Financier - maximum penalty

Protector or coddler - 12 yrs, 1 day to 20 yrs +

Drug - Life imprisonment to death + 500k to 10M

Precursor and essential chemical - 12 yrs, 1 day

Financier - maximum penalty

Protector or coddler - 12 yrs, 1 day to 20 yrs +

Precursor and essential chemical - 12 yrs, 1 day

Selling to minor - maximum penalty

Financier - maximum penalty

Protector or coddler - 12 yrs, 1 day to 20 yrs +

Drug - Life imprisonment to death + 500k to 10M

Precursor and essential chemical - 12 yrs, 1 day