6 - Criminal Law Green Notes 2018

DE LA SALLE UNIVERSITY COLLEGE OF LAW
Lasallian Commission on Bar Operations 2018
CRIMINAL LAW
Green Notes

Chel Sy Tet Valeza Iris Quintana
LCBO Chairperson Academic Affairs Criminal Law Chairperson
Chairperson
Nico Garcia Virgil Bombita
LCBO Vice Chair for Janine Tutanes Criminal Law Deputy
Internals Rod Zantua Chairperson
Academic Affairs Deputy
Steph Griar Chairpersons Aaron Santos
LCBO Vice Chair for Criminal Law I Subject Head
Externals
Mitzi Dumayas
Pat Costales Criminal Law II Subject Head
LCBO Executive Secretary
Ces Naga
LCBO Executive Treasurer

Criminal Law
INDETERMINATE SENTENCE LAW

(ISL) – Act No. 4103 as amended by Act
No. 4225 ................................................. 56
Table of Contents GRADUATION OF PENALTIES ....... 67
ACCESORY PENALTIES .................... 69
CRIMINAL LAW I................................... 1 COMPUTATION OF PENALTIES .... 70
FUNDAMENTAL AND GENERAL EXECUTION AND SERVICE OF
PENALTIES ........................................... 71
PRINCIPLES ............................................. 1
DEFINITION OF CRIMINAL LAW ...... 1 CRIMINAL AND CIVIL LIABILITY . 78
MALA IN SE AND MALA EXTINCTION OF CRIMINAL
PROHIBITA............................................. 1 LIABILITIES .......................................... 78
APPLICABILITY AND EFFECTIVITY CIVIL LIABILITIES IN CRIMINAL
OF THE PENAL CODE ............................ 2 CASES ........................................................ 81
GENERALITY ......................................... 2
TERRITORIALITY.................................. 2 CRIMINAL LAW II ............................... 84
PROSPECTIVITY .................................... 4 CRIMES AGAINST NATIONAL
FELONIES ................................................. 5 SECURITY AND THE LAW OF
Classifications of felonies ...................... 5 NATIONS ................................................ 84
Elements of Criminal Liability ............. 6 SECTION 1: CRIMES AGAINST
Impossible Crime ................................... 8 SECURITY ............................................. 84
Stages of Execution ................................ 9 SECTION 2: CRIMES AGAINST LAW
Continuing Crimes ............................... 13 OF NATIONS ........................................ 87
Complex crimes and composite crimes SECTION 3: PIRACY AND MUTINY
................................................................. 13 ON THE HIGH SEAS IN PHILIPPINE
CIRCUMSTANCES AFFECTING WATERS ................................................ 88
CRIMINAL LIABILITY .......................... 16 CRIMES AGAINST FUNDAMENTAL
JUSTIFYING CIRCUMSTANCES ...... 16
LAWS OF THE STATE ......................... 89
EXEMPTING CIRCUMSTANCE ....... 20
SECTION 1: ARBITRARY
MITIGATING CIRCUMSTANCES.... 23
DETENTION AND EXPULSION ...... 89
AGGRAVATING CIRCUMSTANCES
SECTION 2: VIOLATION OF
................................................................. 28
DOMICILE ............................................ 91
Alternative circumstances ................... 41
SECTION 3: PROHIBITION,
Absolutory cause .................................. 42
INTERRUPTION AND DISSOLUTION
PERSONS LIABLE AND DEGREE OF
OF PEACEFUL MEETINGS ............... 92
PARTICIPATION .................................... 43
SECTION 4: CRIMES AGAINST
Principals, accomplices and accessories
RELIGIOUS WORSHIP ....................... 92
................................................................. 43
Obstruction of Justice (P.D. No. 1829) 48 CRIMES AGAINST PUBLIC ORDER
.................................................................... 93
PENALTIES............................................. 49
CHAPTER ONE: REBELLION, COUP
CLASSIFICATION OF PENALTIES .. 52
D’ETAT, SEDITION AND
DURATION AND EFFECTS OF
DISLOYALTY ....................................... 94
PENALTIES ........................................... 53
CHAPTER TWO: CRIMES AGAINST
SECTION ONE: Duration of Penalties
POPULAR REPRESENTATION ........ 99
................................................................. 54
SECTION TWO: Effects of the penalties
LEGISLATIVE BODIES AND SIMILAR
according to their respective nature .. 55
BODIES .................................................. 99
APPLICATION OF PENALTIES ....... 56

Criminal Law
SECTION 2: VIOLATION OF SECTION 1: MACHINATIONS,

PARLIAMENTARY IMMUNITY ...... 99 MONOPOLIES AND
CHAPTER THREE: ILLEGAL COMBINATIONS .............................. 119
ASSEMBLIES AND ASSOCIATION . 99 SECTION 2: FRAUDS IN COMMERCE
CHAPTER FOUR: ASSAULT UPON, AND INDISTRY ................................. 120
AND RESISTANCE AND
CRIMES AGAINST PUBLIC MORALS
DISOBEDIENCE TO, PERSONS IN
AUTHORITY AND THEIR AGENTS .................................................................. 123
............................................................... 101 CHAPTER ONE: GAMBLING AND
CHAPTER FIVE: PUBLIC DISORDERS BETTING ............................................. 123
............................................................... 103 CHAPTER TWO: OFFENSES
CHAPTER SIX: EVASION OF AGAINST DECENT AND GOOD
SERVICE OF SENTENCE ................. 105 CUSTOMS ........................................... 126
CRIMES AGAINST PUBLIC CRIMES COMMITTED BY PUBLIC

INTEREST ............................................. 108 OFFICERS ............................................. 128
CHAPTER ONE: FORGERIES.......... 109 CHAPTER ONE: PRELIMINARY
SECTION 1: FORGING THE SEAL OF PROVISIONS ...................................... 129
THE GOVERNMENT OF THE CHAPTER TWO: MALFEASANCE
PHILIPPINE ISLANDS, THE AND MISFEASANCE IN OFFICE... 129
SIGNATURE OR STAMP OF THE SECTION 1: DERELICTION OF DUTY
CHIEF EXECUTIVE ........................... 109 ............................................................... 129
SECTION 2: COUNTERFEITTING SECTION 2: BRIBERY ....................... 131
COINS .................................................. 109 CHAPTER THREE: FRAUDS AND
SECTION 3: FORGING TREASURY ILLEGAL EXACTIONS AND
OR BANK NOTES, OBLIGATIONS TRANSACTIONS ............................... 133
AND SECURITIES; IMPORTING AND CHAPTER FOUR: MALVERSATION
UTTERING FALSE OR FORGED OF PUBLIC FUNDS PROPERTY ..... 134
NOTES, OBLIGATIONS AND CHAPTER FIVE: INFIDELITY OF
SECURITIES ........................................ 110 PUBLIC OFFICERS ............................ 138
Section 4: Falsification of legislative, SECTION 1: INFIDELITY IN THE
public, commercial, and private CUSTODY OF PRISONERS .............. 138
documents, and wireless, telegraph, SECTION 2: INFIDELITY IN THE
and telephone message...................... 112 CUSTODY OF DOCUMENTS .......... 139
Section 5: Falsification of medical SECTION 3: REVELATION OF
certificates, certificates of merit or SECRETS .............................................. 140
services and the like. .......................... 115 CHAPTER SIX: OTHER OFFENSES
Section 6: Manufacturing, importing OR IRREGULARITIES BY PUBLIC
and possession of instruments or OFFICERS ............................................ 141
implements intended for the SECTION 1: DISOBEDIENCE,
commission of falsification. .............. 115 REFUSAL OF ASSISTANCE, AND
CHAPTER TWO: OTHER FALSITIES MALTREATMENT OF PRISONER . 141
............................................................... 116 SECTION 2: FRAUDS IN COMMERCE
SECTION 1: USURPATION OF AND INDUSTRY ............................... 143
AUTHORITY, RANK, TITLE, AND SECTION 3: USURPATION OF
IMPROPERUSE OF NAMES, POWERS AND UNLAWFUL
UNIFORMS AND INSIGNIA ........... 116 APPOINTMENTS .............................. 143
CHAPTER THREE: FRAUDS ........... 119 SECTION 4: ABUSES AGAINST
CHASTITY .......................................... 144

Criminal Law
CRIMES AGAINST PERSONS ........ 144 CHAPTER EIGHT: ARSON AND

CHAPTER ONE: DESTRUCTION OF OTHER CRIMES INVOLVING
LIFE ...................................................... 145 DESTRUCTION .................................. 184
SECTION 1: PARRICIDE, MURDER, CHAPTER NINE: MALICIOUS
HOMICIDE ......................................... 145 MISCHIEF ........................................... 184
SECTION 3: DUEL ............................. 152 CHAPTER TEN: EXEMPTING FROM
CHAPTER TWO: PHYSICAL CRIMINAL CRIMINAL AGAINST
INJURIES ............................................. 153 PROPERTY .......................................... 185
CHAPTER THREE: RAPE................. 155
CRIMES AGAINST CHASTITY ...... 185
CRIMES AGAINST PERSONAL CHAPTER ONE: ADULTERY AND
LIBERTY AND SECURITY ................ 158 CONCUBINAGE ................................ 186
CHAPTER ONE: CRIMES AGAINST CHAPTER TWO: RAPE AND ACTS
LIBERTY .............................................. 159 OF LASCIVIOUSNESS ...................... 187
SECTION 1: ILLEGAL DETENTION CHAPTER THREE: SEDUCTION,
............................................................... 159 CORRUPTION OF MINORS, AND
SECTION 2: KIDNAPPING MINORS WHITE SLAVE TRADE .................... 188
............................................................... 161 CHAPTER FOUR: ABDUCTION .... 190
SECTION 3: SLAVERY AND CRIMES AGAINST THE CIVIL
SERVITURE ......................................... 162
STATUS OF A PERSON..................... 192
CHAPTER TWO: CRIMES AGAINST
CHAPTER ONE: SIMULATION OF
SECURITY ........................................... 163
BIRTHS AND USURPATION OF
SECTION 1: ABANDONMENT OF
CIVIL STATUS .................................... 192
HELPLESS PERSONS AND
CHAPTER TWO: ILLEGAL
EXPLOITATION OF MINORS ......... 163
MARRIAGES ...................................... 193
SECTION 2: TRESPASS TO
DWELLING ......................................... 165 CRIMES AGAINST HONOR............ 194
SECTION 3: THREATS AND CHAPTER ONE: LIBEL .................... 194
COERCION ......................................... 167 SECTION 1: DEFINITION, FORMS,
CHAPTER THREE: DISCOVERY AND AND PUNISHMENT OF THIS CRIME
REVELATION OF SECRETS ............ 171 ............................................................... 194
SECTION 2: GENERAL PROVISIONS
CRIMES AGAINST PROPERTY ...... 172
............................................................... 198
CHAPTER ONE: ROBBERY IN
CHAPTER TWO: INCRIMINATORY
GENERAL ........................................... 173
MACHINATIONS.............................. 199
SECTION 1: ROBBERY WITH
VIOLENCE AGAINST OR QUASI-OFFENSES .............................. 199
INTIMIDATION OF PERSONS ....... 173
FINAL PROVISIONS ......................... 201
SECTION 2: ROBBERY BY THE USE
OF FORCE UPON THINGS ............. 176 SPECIAL PENAL LAWS .................... 202
CHAPTER TWO: BRIGANDAGE ... 178 ANTI ARSON LAW .............................. 202
CHAPTER THREE: THEFT .............. 178 Kinds of Arson ....................................... 202
CHAPTER FOUR: USURPATION ... 180 Arson .................................................... 202
CHAPTER FIVE: CULPABLE Destructive arson................................ 203
INSOLVENCY .................................... 180 ANTI-CARNAPPING LAW ................ 204
CHAPTER SEVEN: CHATTEL UNLAWFUL ACTS ............................... 204
MORTGAGE ....................................... 183 Definitions .............................................. 204
ANTI-CHILD ABUSE LAW ................ 206
Child Prostitution ............................... 207

Criminal Law
Child Trafficking ................................ 208 CONSPIRACY IN BP 22....................... 220

ANTI-CHILD PORNOGRAPHY LAW COMPREHENSIVE DANGEROUS
................................................................... 208 DRUGS .................................................... 221
Unlawful or Prohibited Acts............. 209 Voluntary submission for treatment
Who may file complaint .................... 210 and rehabilitation: .............................. 222
ANTI-FENCING LAW ......................... 210 Compulsory confinement: ................ 222
Elements of Fencing ........................... 210 ILLEGAL POSSESSION OF FIREARMS
Presumption of Fencing .................... 210 ................................................................... 223
ANTI-GRAFT AND CORRUPT Lawful Acquisition or Possession of
PRACTICES ACTS ................................ 211 Firearms and Ammunition ............... 223
What are corrupt practices ................... 211 Aggravating Circumstance: Inherent in
the Commission of RPC Crime ........ 224
ANTI-HAZING LAW.......................... 212
INDETERMINATE SENTENCE LAW
HAZING .................................................. 212
................................................................... 224
WHEN INITIATION RITES ALLOWED
Sentence in the ISL ............................. 224
................................................................... 213
Release of the prisoner on Parole ..... 225
WHAT ARE PUNISHABLE ACTS AND
Reasons for fixing the maximum and
PENALTIES ............................................ 213
minimum terms in the indeterminate
ANTI-HIJACKING LAW ................... 214 sentence ................................................ 226
PUNISHABLE ACTS ............................ 214 Illustration of application of
PENALTIES ............................................ 214 indeterminate sentence law .............. 226
JUVENILE JUSTICE AND WELFARE
ANTI-PIRACY AND ANTI- ACT .......................................................... 226
HIGHWAY ROBBERY........................ 214 Rationale .............................................. 226
ANTI-PLUNDER ACT ......................... 215 OBSTRUCTION OF JUSTICE ............ 228
ANTI-SEXUAL HARASSMENT ........ 216 PROBATION LAW ............................... 229
Liability Of The Employer, Head Of Application ............................................. 229
Office, Educational Or Training Where and When to file the
Institution................................................ 216 Application: ......................................... 229
Penalties .................................................. 216 Effects of Filing and Grant/Denial of
ANTI-TORTURE ACT ......................... 216 Application .......................................... 229
ANTI-TRAFFICKING OF PERSONS Criteria for placing an Offender on
ACT OF 2003 ........................................... 219 Probation ............................................. 230
Unlawful Acts ......................................... 219 Period of Probation ............................... 231
ANTI-VIOLENCE AGAINST WOMEN CYBERCRIME PREVENTION ACT .. 231
AND THEIR CHILDREN .................... 219 HUMAN SECURITY ACT ................... 233
BOUNCING CHECKS LAW ............... 220
PUNISHABLE ACTS ............................ 220
ELEMENTS ............................................. 220

Criminal Law Criminal Law I
FUNDAMENTAL AND GENERAL PRINCIPLES
DEFINITION OF CRIMINAL LAW

Branch or division of law which defines crimes, treats of
their nature, and provides for its punishment.
CRIME; DEFINED
An act committed or omitted in violation of law forbidding
or commanding it.
TWO THEORIES IN CRIMINAL LAW

BAR 1996
(1) Classical Theory.
School of thought followed by the Revised Penal Code.
Characteristics:
A. The basis of criminal liability is human free will;
purpose of penalty is retribution.
B. That man is essentially a moral creature with an
absolute free will to choose between good and evil,
thereby placing more stress upon the effect or
result of the felonious act than upon the man, the
criminal himself.
C. It has endeavored to establish a direct and
mechanical proportion between the crime and the
liability.
D. There is scant regard to the human element.
CRIMINAL LAW I (2) Positivists theory

That crime is essentially a social a natural phenomenon,
and as such, it cannot be treated and checked by the
application of abstract principles of law and
jurisprudence nor by the imposition of a punishment,
fixed and determined as basis; but rather through the
enforcement of individual measures in each particular
case after a thorough, personal, and individual
investigation conduction by a competent body of
psychiatrists and social scientists.
This theory is manifested by impossible crimes, juvenile

delinquency, etc.
MALA IN SE AND MALA PROHIBITA

BAR 1997, 1999, 2001, 2003, 2005
Mala In Se Mala Prohibita
As to Nature
Wrong from its very nature Wrong because it is
prohibited by statute.
Use of Good Faith Defense
Good faith is a valid defense; Good faith is NOT a
unless the crime is the result defense.
of culpa.
Use of intent as an element
Intent is an element. Criminal intent is
immaterial.
Degree of Accomplishment of the Crime
The degree of The act gives rise to a
accomplishment of the crime crime only when it is

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is taken into account in consummated Mala In Se

punishing the offender These are crimes punishable by the RPC.
As to Mitigating and Aggravating Circumstances
Mitigating and aggravating Mitigating and
circumstances are taken into aggravating circumstances APPLICABILITY AND EFFECTIVITY OF
account in imposing the are generally NOT taken THE PENAL CODE
proper penalty. into account in imposing
the proper penalty.
Degree of Participation (1) Generality
When there is more than one Degree of participation is (2) Territoriality
offender, the degree of generally NOT taken into (3) Prospectivity
participation of each in the account. All who
commission of the crime is participated in the act are
taken into account. punished to the same GENERALITY
extent. General Rule: Criminal law is binding on all persons who
As to Persons Criminally Liable live or sojourn in Philippine territory.
Penalty is computed on the The penalty on the
basis of whether he is a offenders is the SAME Exceptions:
principal offender, or merely whether they are merely (1) Article 2 of the RPC
an accomplice, or accessory. accomplices or accessories. A. Treaties (e.g. Bases Agreement between
Laws Violated Philippines and America, RP-US
Revised Penal Code (General Special Laws (General Visiting Forces Accord between
Rule) Rule) Philippines and America, etc.)
As to Stages in Execution B. Law of preferential application (e.g. R.A.
There are three stages: No such stages of 75 which penalizes acts which would
attempted, frustrated, and execution. impair the proper observance by the
consummated. Republic and its inhabitants of the
As to Persons Criminally Liable immunities, rights, and privileges of
There are three persons Unless otherwise duly accredited foreign diplomatic
criminally liable: principal, provided, only the representatives in the Philippines.)
accomplices, and accessories. principal is liable.
As to Division of Penalties Note: Not applicable when the foreign
Penalties may be divided into There is NO such division country adversely affected does not
degrees and periods. of penalties. provide similar protection.
Mala Prohibita Warship Rule

Generally, applies to crimes punishable by special laws. The nationality of such warship determines the
applicable penal laws to crimes committed therein,
General Rule: Criminal intent is NOT necessary, it being as they are considered to be an extension of the
sufficient that the offender has the intent to perpetrate the act territory of the country to which they belong.
prohibited by the special law unless the special law itself Thus, their respective national laws shall apply to
expressly requires intent (“knowingly” or “maliciously”). such vessels wherever they may be found.
(Padilla v. Dizon, 1988)
(2) Article 14 of the New Civil Code
The act alone, in crimes punishable by special laws, Subject to the principles of public international law
constitutes the offense. and to treaty stipulations. Persons exempt from the
operation of our criminal laws by virtue of the
Good faith and absence of criminal intent are NOT valid principles of public international law
defenses. A. Sovereigns and other chiefs of state.
B. Ambassadors, Ministers,
Exceptions: Plenipotentiary, Ministers Resident,
(1) Imperative, incidental, and temporary possession of Charges d’Affaires. (AM, MP, MR, CdA)
firearms.
(2) Assumption that his employer has the requisite license BAR 2011
to possess said firearm. (People v. Cuenco) Note: Consuls, vice-consuls and other commercial
(3) Possession of firearms in good faith as civilian guards. representatives (i.e. commercial attaché) of foreign nation are
(People v. Asa and Balbastro) NOT entitled to the privileges and immunities of an
(4) Possession of firearm was advised due to pending ambassador or minister, in the absence of a treaty to the
application for permanent permit. (People v. Mallari) contrary
(5) Authorized possession to carry out a mission. (People v.
Lucero)
(6) Transient possession of firearm to render the owner TERRITORIALITY
defenseless without the intention to use it. (People vs.
Dela Rosa) General Rule: Penal laws are enforceable only within the
Philippine territory.

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B. Foreign Warships.
Extent of Philippine Territory for purposes of criminal law. The nationality of such warship determines the
applicable penal laws to crimes committed therein,
• The provisions of the said code shall be enforced within as they are considered to be an extension of the
the Philippine Archipelago, including its atmosphere, its territory of the country to which they belong.
interior waters, and maritime zone. (Art. 2, RPC) Thus, their respective national laws shall apply to
such vessels wherever they may be found.
Exception: (Extra-territoriality)
The provisions of the Revised Penal Code shall be enforced (2) Should forge or counterfeit any coin or currency note of
outside of the jurisdiction of the Philippines against who: the Philippine Island or obligations and securities
issued by the Government of the Philippine Islands.
(1) Should commit an offense while on a Philippine ship or
airship; • If forgery was committed abroad, it must
refer only to Philippine coin, currency note, or
Requisites: obligations and securities.
A. It must be registered in the Philippine Bureau of
Customs or MARINA (Maritime Industry • Obligations and securities of the GSIS, SSS,
Authority), as the case may be; and Landbank are not government issuances.
B. The crime must be committed in the Philippine (3) Should be liable for act in connection with the
waters or the high seas, and not within the introduction of the obligations and securities mentioned
territorial jurisdiction of another country. in the preceding number.
A. Foreign merchant vessels. • Those who introduced the counterfeit items are
criminally liable even if they were not the
ENGLISH RULE VS. FRENCH RULE ones who counterfeited the obligations and
English Rule French Rule securities.
(Territoriality or Situs of (Flag or Nationality)
the Crime) • This paragraph only refers to obligations and
General Rule securities issued by the Government of the
Crimes committed aboard a Crimes committed aboard a Philippine Island, not coin or currency note of
vessel within the territorial vessel within the territorial the Philippine Islands.
waters of a country are waters of a country are not
triable in the courts of such triable in the courts of said • Introduction of coin or currency note of the
country. country. Philippine Islands is not subject to this
paragraph.
Note: The three-mile limit:
Territorial waters cover until (4) While being public officer or employee, should commit
three miles from coastline, an offense in the exercise of their functions.
starting from the low water
mark. (Reyes) Crimes committed by public officers:
Exception A. Direct bribery [Art. 210]
When the crimes merely When their commission B. Indirect Bribery [Art. 215]
affect things within the affects the peace and C. Qualified Bribery [Art. 211-A]
vessel or when they only security of the territory or D. Corruption [Art. 212]
refer to the internal when the safety of the state E. Fraud Against Public Treasury and Similar
management thereof. is endangered. Offenses [Art. 213]
F. Possession of Prohibited Interest [Art. 216]
• The Philippines follows the ENGLISH RULE. G. Malversation of Public Funds or Property
[Art. 217]
A distinction must be made between merchant H. Failure to Render Accounts [Art. 218]
ships and warships; the former are more or less I. Failure to Render Accounts Before Leaving
subjected to the territorial laws. the Country [Art. 219]
J. Illegal Use of Public Funds or Property [Art.
English rule application in the Philippines. 220]
K. Failure to Make Delivery of Public
• Foreign merchant vessel in transit: possession of Funds/Property [Art. 221]
dangerous drugs is not punishable, but use of the L. Falsification [Art. 171]
same is punishable.
Note:
• Foreign merchant vessel not in transit: mere A crime committed within the grounds of a
possession of dangerous drugs is punishable Philippine embassy on foreign soil shall be subject
because it can already be considered as illegal to Philippine penal laws, although it may or may
importation. not have been committed by a public officer in
relation to his official duties. Embassy grounds are

3

considered as extensions of the sovereignty of the • Reason: As provided in Article 366 of the RPC,
country occupying them. crimes are punished under the laws in force at the
time of the commission.
(5) Should commit any of the crimes against national
security and law of nations, defined in Title One of Exception: Whenever a new statute dealing with crime
Book Two of this Code. establishes conditions more lenient or favorable to the accused, it
can be given a retroactive effect.
Note: Exception to the Exception:

Limited only to the following crimes: (1) Where the new law is expressly made inapplicable
(1) Treason [Art. 114] to pending actions or existing causes of action.
(2) Conspiracy and proposal to commit treason [Art. (2) Where the offender is a habitual delinquent.
115]
(3) Espionage [Art. 117]
(4) Inciting to war and giving motives for reprisals KINDS OF REPEAL
[Art. 118]
(5) Violation of neutrality [Art. 119]
(1) Absolute or Total Repeal
(6) Correspondence with hostile country [Art. 120]
A repeal is absolute when the crime punished under the
(7) Flight to enemy’s country [Art. 121]
repealed law has been decriminalized by the subsequent law.
(8) Piracy and mutiny on the high seas [Art. 122]
(9) Terrorism [R.A. 9372 - Human Security Act]
(2) Partial or Relative Repeal
A repeal is partial when the crime punished under the
repealed law continues to be a crime in spite of the repeal.
(6) Should forge or counterfeit any coin or currency note of
the Philippines or obligations and securities issued by
EFFECTS OF REPEAL/AMENDMENT ON LAW
the government of the Philippines;
(7) Should be liable for acts connected with the (1) If the repeal/amendment on law makes the penalty
introduction into the Philippines of the obligations and lighter in the new/amended law, the new/amended law
securities mentioned in the preceding number; shall be applied, subject to the exceptions.
(2) If the new/amended law imposes a heavier penalty, the
(8) While being public officers or employees, should law in force at the time of the commission of the offense
commit an offense in the exercise of their functions; shall be applied.
(3) If the new/amended law totally repeals the existing law
(9) Should commit any of the crimes against national so that the act which was penalized under the old law is
security and the laws of the nations, defined in Title no longer punishable, the crime is obliterated.
One of Book Two of the Revised Penal Code. (Art. 2, (4) When the new law and old law penalize the same
RPC) offense, the offender can be tried under the old law.
(5) A person erroneously accused and convicted under a
repealed statute may be punished under the repealing
Note: statute.
The following are NOT triable under the provisions
of the Revised Penal Code: Note: Provided that the accused had an opportunity to
• Those punished under special law, to which the defend himself against the charge brought against him.
Code shall only have suppletory effects. [Art. 10] (6) A self-repealing law has the effect same as though it
• Persons exempted from local criminal jurisdiction had been repealed at the time of its expiration.
by reason of treaty stipulations or laws of
preferential applications.
LEGALITY
• Those persons not subject to local jurisdiction
under the principles of public international law. Nullum Crimen Nulla Poena Sine Lege
There is no crime when there is no law punishing the same.
• Those crimes committed outside the territorial
jurisdiction, except as permitted by Article 2. (Bar Limitation: Not every law punishing an act or omission may
2011) be valid as a criminal law. If the law punishing an act is
ambiguous, it is null and void.
• Those war crimes which are triable by military
commissions. [Regalado]
CONSTRUCTION OF PENAL LAWS
PROSPECTIVITY
General Rule: A penal law cannot make an act punishable in
a manner in which it was not punishable when committed.

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• Penal laws are strictly construed against the The act or omission is performed with deliberate intent
Government and liberally in favor of the accused.1 or malice to do an injury.
• In the construction or interpretation of the provisions of The offender has the intention to cause injury to the
the RPC, the Spanish text is controlling.2 person, property, or right of another.
FELONIES Requisites: (FII)

A. Freedom
Voluntariness on the part of the person to commit
CRIMINAL LIABILITIES AND FELONIES the crime.
Felonies, defined B. Intelligence

Acts and omissions punishable by the Revised Penal Code. Capacity to know and understand the
consequences of one’s act.
ELEMENTS OF FELONIES (GENERAL)
(1) There must be an act or omission. C. (Criminal) Intent
The purpose to use a particular means to effect
An act such result.
Must be understood as any bodily movement tending
to produce some effect in the external world. It must be • (General) Intent to commit an act with malice,
an external act. being a purely mental process, is presumed.
Reason: Internal acts are beyond the sphere of penal law. • Intent presupposes the exercise of freedom
and the use of intelligence.
An omission
Is an inaction or failure to perform a positive duty • Absence of criminal intent is a defense not to
required by law. incur criminal liability.
(2) That the act or omission be punishable by the Revised

Penal Code. GENERAL CRIMINAL INTENT VS. SPECIFIC
CRIMINAL INTENT
(3) That the act3 is performed or the omission incurred by
General Criminal Intent Specific Criminal Intent
means of dolo or culpa.
An intention to do a An intention to commit a
wrong. definite act.
• That the crime committed is either an intentional
Presumed to exist from the Existence of the intent is not
felony or culpable felony, both of which are
mere doing of a wrongful presumed.
voluntary.4
act
CLASSIFICATIONS OF FELONIES The burden of proving the The burden of proving the
absence of intent is upon existence of the intent is upon
the accused. the prosecution; as such intent
ACCORDING TO THE MEANS BY WHICH THEY ARE is an element of the crime.
COMMITTED:
(1) Intentional Felonies (DOLO)
(2) Culpable Felonies (CULPA) (2) Culpable Felonies (CULPA)
Act or omission is not malicious. (Performed
without malice)
(1) Intentional Felonies (DOLO)
Bar 2011
Wrongful act results from imprudence, negligence, lack of
1 May be invoked only where the law is ambiguous and there foresight or lack of skill.
is doubt as to interpretation.
2 Because it was approved by the Philippine Legislature in its • The offender has no intention to cause an injury to
Spanish text. the person, property or right of another.
3 A criminal act is presumed to be voluntary.
4 Reasons why they are voluntary: • Acts executed negligently are voluntary.
1. RPC is classical theory; basis of criminal liability is
human free will. Requisites:
2. RPC acts and omissions are always deemed (1) Freedom
voluntary, since man is a rational being. (2) Intelligence
1. Dolo, act is performed with deliberate intent which (3) Negligence.5
must be voluntary;
2. Culpa, the imprudence consists in voluntarily doing or
failing to do an act from which material injury 5The offender is imprudent, negligent, or lacks foresight or
results. skill while doing the act or omitting to do the act.

5

(2) That the intention of the accused in performing the act

BAR 1996, 1999, 2004 should be lawful;
Intent Motive (3) That the mistake must be without fault or careless on
It is the reason for using a It is the moving power the part of the accused.
particular means to effect which impels one to action
such result. for a definite result.
INTENT VS. MOTIVE
It is an element of the crime, It is not an element of the
except in unintentional crime.
felonies. • Motive is NOT an essential element of crime, and hence,
need not be proved for purposes of conviction.
It is essential in intentional It is essential only when the
felonies. identity of the perpetrator • Good motive does NOT prevent an act from being a
or the specific crime crime. (i.e., technical malversation)
committed is in doubt.
• Proof of motive is NOT sufficient to support conviction.
DISTINCTION BETWEEN IMPRUDENCE AND • Lack of motive may be an aid in showing the innocence
NEGLIGENCE of the accused.
Imprudence Negligence
Deficiency of action Deficiency of perception When Motive is Necessary:
Lack of skill Lack of foresight (1) There is doubt as to the identity of the assailant;
(2) In ascertaining the truth between the conflicting

DOLO VS. CULPA theories or versions of the killing;
Culpable
Intentional (Dolo)
(Culpa) (3) Where the identification of the accused proceeds from
Act is malicious. Not Malicious. an unreliable source and the testimony is inconclusive
With deliberate intent. Injury caused is and not free from doubt;
unintentional being incident
of another act performed (4) Where there are no eyewitnesses to the crime and
without malice. suspicion is most likely to fall upon a number of
Has intention to cause an Wrongful act results from persons;
injury. imprudence, negligence, lack
of foresight or lack of skill. (5) If the evidence is merely circumstantial (Bar 2011)
(6) In ascertaining the motive in defense of stranger.

EXAMPLES OF CRIMES WHICH CANNOT BE
COMMITTED THROUGH IMPRUDENCE OR (7) In verifying the specific intent of the offender which
NEGLIGENCE (AS THEY REQUIRE SPECIFIC INTENT): would therefore determine the correct crime the
(1) Murder offender’s act or acts would fall under.
(2) Treason
(3) Robbery
(4) Malicious Mischief ELEMENTS OF CRIMINAL LIABILITY
(5) Arson
Par. 1:
(Honest) Mistake of Fact By any person committing a felony (delito) although the
A misapprehension of fact on the part of the accused who wrongful act done be different from which he intended.
caused injury to another.
• It covers intentional crimes (dolo) only.
• It destroys the presumption of criminal intent which
arises upon the commission of a felonious act. [People v. • The wrongful act done must NOT result from
Coching, et al. citing People v. Oanis] imprudence, negligence, lack of foresight or lack of skill
of the offender.
• It is NOT applicable in culpable felonies.
Requisites:
• It CANNOT be invoked in error in personae or mistake in
identity. (1) That an intentional felony has been committed.
(2) That the wrong done to the aggrieved party must be the
Requisites: direct, natural, and logical consequence of the felony
(1) That the act done would have been lawful had the facts committed.
been as the accused believed them to be; A. That an intentional felony has been committed.
No felony is committed when:

6

i. The act or omission is not punishable by the distinct act or fact absolutely foreign from the felony
RPC; or committed.
ii. The act is covered by any of the justifying
circumstances (2) The resulting injury is due to the intentional act of the
victim. (i.e. fault or carelessness of the victim must have
• Act or omission should NOT be punished by its origin from his malicious act or omission so as to
a special law. increase the criminal liability of the assailant.
• Any person who creates in another’s mind an

immediate sense of danger, which causes the Instance Criminally liable?
latter to do something resulting in the latter’s When there is an intervening disease
injuries, is liable for the resulting injuries. If disease is closely related to Yes.
the wound.
If disease is unrelated to the No.
B. That the wrong done to the aggrieved party must wound.
be the direct, natural, and logical consequence of If disease is combined force Yes. Mortal wound is
the felony committed. with wound. contributing factor to
victim’s death.
A person is criminally responsible for acts committed
by him in violation of the law and for all the natural, Note:
direct, and logical consequences resulting therefrom. A mortal wound is a
contributing factor when:
Proximate Cause, defined i. The wound is sufficient
That cause, which, in natural and continuous sequence, to cause the victim’s death
unbroken by any efficient intervening cause, produces the along with the disease.
injury, and without which the result would not have
occurred. ii. The mortal wound was
caused by actions
• If the result can be traced back to the original act, then committed by the accused.
the doer of the original act can be held criminally liable. When the death was caused by an infection of the wound
due to the unskilled medical treatment from the doctors.
• The must be a relation of “cause and effect,” the cause If the wound is mortal. Yes. Unskilled treatment
being the felonious act of the offended, the effect being and infection are not
the resultant injuries and/or death of the victim. efficient intervening
causes.
Thus, the person is still criminally liable if the wrongful act If the wound is slight. No. Unskilled treatment
done be different from that which he intended: and infection are efficient
intervening causes.
BAR 1999
(1) Error in Personae
Mistake in the identity of the victim. Efficient Intervening Causes, defined
Causes interrupting the natural flow of events from the
(2) Abberatio Ictus happening of the allegedly felonious act to the resulting
Mistake in the blow injury. This may relieve the offender from criminal liability.
(3) Praeter Intentionem Not efficient intervening causes:

The injurious result is greater than that intended. (1) The weak or diseased physical condition of the victim.
(e.g. tuberculosis, heart disease)
When death is presumed to be the natural consequence of (2) The nervousness or temperament of the victim; (e.g.
physical injuries inflicted: removing the drainage from wound)
(1) That the victim at the time the physical injuries inflicted (3) Causes which are inherent in the victim; (e.g. not
was in normal health. knowing how to swim, tuba addict)
(2) That death may be expected from the physical injuries (4) Neglect of the victim or third person; (ex. Refusal of
inflicted. medical attendance)
(3) That death ensued within a reasonable time. (5) Erroneous or unskilled medical or surgical treatment
(unless the wound is slight or not mortal)
Felony committed is not the proximate cause of the resulting
injury when: • One is accountable only for his own acts and their
natural, direct, and logical consequences, and not for
(1) There is an active force between the felony committed those which bear no relation to the initial cause.
and the resulting injury, such active force is distinct a

7

• The offended party is not obliged to submit to a I. Malicious Mischief [Art. 327 - 331]
surgical operation to relieve the accused from the
natural and ordinary results of the crime. • Felony against persons or property should NOT be
actually committed, for otherwise, he would be liable
• A person is not liable criminally for all possible for that felony; there would be no impossible crime to
consequences which may immediately follow his speak of.
felonious act, but only for such as are proximate.
(2) That its accomplishment is inherently impossible, or

IMPOSSIBLE CRIME that the means employed is either inadequate or
ineffectual; and
Par. 2
By any person performing an act which would be an
Inadequate, meaning
offense against persons or property, were it not for the
Insufficient.
inherent impossibility of its accomplishment or on the
account of employment of inadequate or ineffectual means.
Ineffectual, meaning
Means employed did not produce the result expected.
Impossible Crime, defined
Its commission is indicative of a criminal propensity or
criminal tendency on the part of the actor; he is a potential
Inherent impossibility of its accomplishment:
criminal.
A. Legal impossibility
• It is based on the positivist theory.
Where the intended acts, even if completed would
not amount to crime. (e.g. Stealing a property that
• There is no attempted or frustrated impossible crime. It
turned out to be owned by the stealer). (Intod v.
is always consummated.
CA, 1992)
• Impossible crimes ONLY apply to grave and less grave
B. Physical impossibility
felonies.
When extraneous circumstances unknown to the
actor or beyond his control prevent the
consummation of the intended crime. (e.g. When
REQUISITES OF IMPOSSIBLE CRIME: (PEIN)
one tries to murder a corpse; peppered the victim’s
(1) That the act performed would be an offense against
house with bullets, the victim being absent at the
persons or property.
time)
(2) That the act was done with evil intent.
(3) That its accomplishment is inherently impossible, or
Where the means employed is adequate and the
that the means employed is either inadequate or
result is not produced, it is not an impossible crime,
ineffectual; and
but a frustrated felony. (People v. Domasian, 1993)
(4) That the act performed should NOT constitute a
violation of another provision of the RPC (otherwise,
said act would be punishable under said provision).
Penalty
The penalty for impossible crime is arresto menor or a fine
ranging from 200-500 pesos. (Art. 59, RPC)
(1) That the act performed would be an offense against
persons or property.
Par. 1:
“In connection with acts which should be repressed but
Crimes against persons: (PPRAHMID)
which are not covered by the law.”
A. Parricide [Art. 246]
B. Physical injuries [Art. 262 - 266]
Requisites:
C. Rape [Art. 266 - A]
(1) The act committed by the accused appears not
D. Abortion [Art. 256 - 259]
punishable by any law;
E. Homicide [Art. 249]
(2) But the court deems it proper to repress such act;
F. Murder [Art. 248]
G. Infanticide [Art. 255]
(3) In that case, the court must render the proper decision
H. Duel [Art. 260 - 261]
by dismissing the case and acquitting the accused;
Crimes against property: (BRUT SC2AM2)
(4) The judge must then make a report to the Chief
A. Brigandage [Art. 306 - 307]
Executive, through the Sectary of Justice, stating the
B. Robbery [Art. 294, 297 300, 302 - 303]
reasons which induce him to believe that the said act
C. Usurpation [Art. 312 - 313]
should be made the subject of penal legislation.
D. Culpable Insolvency [Art. 314]
E. Theft [Art. 308, 310, 311]
F. Swindling and other deceits [Art. 315 - 318]
Par. 2
G. Chattel Mortgage [Art. 319]
“In cases of excessive penalties.”
H. Arson and other crimes involving destruction [Art.
320 - 326]

8

Requisites: • It is frustrated if the person returned the money

(1) The court after trial finds the accused guilty; given by the offender.
(2) The penalty provided by law and which the court (5) Material Crimes
imposes for the crime committed appears to be clearly • Crimes which involve the three stages of
excessive, because – execution. (e.g. homicide, murder, robbery, etc.)
A. The accused acted with lesser degree of malice,

and/or; DEVELOPMENT OF CRIME
§ Internal acts
B. There is no injury or the injury case is of lesser Mere ideas in the mind of a person are not punishable.
gravity.
§ External Acts
(3) The court should not suspend the execution of the Cover (a) preparatory acts and (b) acts of execution.
sentence.
Preparatory act
(4) The judge should submit a statement to the Chief Ordinarily, these acts are not punishable.
Executive, through Secretary of Justice, recommending (Except for Art. 8 when the law provides for its
executive clemency. punishment in certain felonies, Art. 304: possession of
picklocks, and Art. 176: possession of implements for
• It is the duty of the judicial officers to respect and committing falsification)
apply law, regardless of their private opinions.
Acts of execution
• The only function of the judiciary is to interpret They are punishable under RPC as provided by Art. 6.
the law and, if not in disharmony with the
Constitution, to apply them.
STAGES OF EXECUTION:6
• Judge has the duty to apply the law as interpreted
by the Supreme Court. ATTEMPTED FELONY
• Not applicable to crimes punished by special laws. Requisites:

(1) That the offender commences the commission of a
felony directly by overt acts.
STAGES OF EXECUTION
(2) That the offender does not perform all the acts of
execution which produce the felony.
MANNER OF COMMITTING CRIMES
Formal Crimes
(3) The offender’s act is not stopped by his own
(1) Formal crimes, defined
spontaneous desistance.
Consummated in one instant, no attempt. It
consummates the crime by mere attempt or proposal or
(4) The non-performance of all acts of execution was
by overt act.
due to a cause or accident other than his own
spontaneous desistance.
E.g. slander, false testimony, mere act of selling or
acting as a broker for the sale of prohibited drugs, flight
to enemy’s country, corruption of minors, treason,
(1) That the offender commences the commission of a
physical injuries, acts of lasciviousness.
felony directly by overt acts
(2) Crimes consummated by mere attempt or proposal or
Felony deemed commenced directly by overt acts when the
by overt act.
following are present:
A. That there be external acts;
(3) Felony by omission
B. Such external acts have direct connection with the
• There is no attempted stage because the offender
crime intended to be committed.
does not execute acts. He omits to perform an act
which the law requires him to do. (Except for
Overt Act
killing a child by starving him) A physical activity or deed, indicating the intention to
commit a crime. [Reyes]
(4) Crimes requiring the intervention of two persons to
commit them are consummated by mere agreement.
Indeterminate Offense
(e.g. betting in sports contests, corruption of public
It is one where the purpose of the offender in
officials, etc.)
performing an act is not certain. Its nature in relation to
• The offer made by one of the parties to the other

constitutes attempted felony if the offer is rejected. 6
Does not apply to crimes under special laws, unless
otherwise provided; crimes by omission; and formal crimes.

9

its objective is ambiguous; thus, the accused may be • In attempted felony, the offender never passes the
convicted of a felony defined by the acts performed by subjective phase of the offense.
him up to the time of desistance.
Subjective Phase (definition)
“Directly by overt acts” That portion of the acts constituting the crime, starting
Only offenders who personally execute the commission from the point where the offender begins the
of a crime can be guilty of attempted felony. Thus, commission of the crime to that point where he still has
principal by inducement cannot be guilty of attempted control over his acts, including the act’s natural course.
felony.
• If between those two points the offender is
stopped by any cause outside of his own voluntary
(2) That the offender does NOT perform all the acts of desistance, the subjective phase has not been
execution which produce the felony. passed and it is an attempt.
Something still remains to be done by the offender. If • If he is not so stopped but continues until he
anything yet remained for him to do, he would be performs the last act, it is frustrated, provided the
guilty of attempted felony. crime is not produced. The acts then of the
offender reached the objective phase.
(3) The offender’s act be not stopped by his own
spontaneous desistance. Attempted Stage
Marks the commencement of the subjective phase.
The offender fails and stops to perform all the acts of
execution which should produce the felony because of Frustrated Stage
some cause or accident, not his own spontaneous desistance. The end of subjective phase and the start of the
objective phase.
(4) That the felony is not produced by reason of some
cause or accident other than his own spontaneous Consummated Stage
desistance. It is the result of the acts of the execution, that is, the
accomplishment of the crime.
If the actor does not perform all the acts of execution by
reason of his own spontaneous desistance, there is no • If both the subjective phase and objective phase are
attempted felony. The law does not punish him. present, there is a consummated felony.
• It is not necessary that spontaneous desistance be

actuated by good motives. The spontaneous desistance of the accused is
• Desistance should be made before all the acts of EXCULPATORY only:
execution are performed.
(1) if made during the attempted stage, and
Desistance
It is an absolutory cause which negates criminal (2) provided that the acts already committed do not
liability because the law encourages a person to constitute any offense.
desist from committing a crime.
• The desistance which exempts from criminal FRUSTRATED FELONY

liability has reference to the crime intended to
be committed, and has no reference to the Requisites:
crime actually committed by the offender (1) The offender performs all the acts of execution;
before his desistance.
(2) All the acts performed would produce the felony
Legal Desistance Factual Desistance as a consequence;
Definition
Desistance referred to in law Actual Desistance of the (3) But the felony is not produced; and
which would obviate the actor; the actor is still liable
criminal liability unless the for the attempt. (4) The felony is not produced by reason of causes
overt act or preparatory act independent of the will of the perpetrator.
already committed in
themselves constitute a Certain causes which may prevent the consummation of
felony other than what the the offense are:
actor intended.
Time or Period Employed A. Intervention of third persons who prevented
Desistance made during the Desistance made after the the consummation of the offense; thus, it
attempted stage. attempted stage of the makes it frustrated.
crime.
B. Perpetrator’s own will; thus, it ceases to be
frustrated.

10

General Rule: Mere conspiracy or proposal to commit a

CONSUMMATED FELONY felony is NOT punishable since they are only preparatory
acts.
When all the elements necessary for its execution and
accomplishment are present. Exception: In cases in which the law specially provides a
penalty therefor.
When not all of the elements of a felony are proved
• When a felony has two or more elements and CONSPIRACY

one of them is not proved, either:
CONSPIRACY, DEFINED
(1) The felony is not shown to have been When two or more persons come to an agreement
committed; or concerning the commission of a crime and decide to commit
it. (Agreement may be oral or written, express or implied.)
(2) Another felony is shown to have been
committed. Requisites:
(1) That two (2) or more persons came to an agreement;
Factors in determining stage of execution of felony:
(1) Nature of the offense; (2) That the agreement pertains to a commission of a felony;
(2) Elements constituting the felony; and
(3) Manner of committing the felony;
(3) That the execution of a felony was decided upon.
a. There must be participation with a criminal resolution

Attempted Frustrated Impossible because simple knowledge thereof by a person may only
Evil intent is not Evil intent is not Evil intent is not make him liable as an accomplice.
accomplished. accomplished. accomplished.
Evil intent is Evil intent is Evil intent is CRIMES WHICH ARE PUNISHABLE BY MERE
possible of possible of impossible to CONSPIRACY: (UNDER RPC)
accomplishment. accomplishment. accomplish. (1) Treason [Art. 115]
What prevented What prevented Evil intent cannot (2) Rebellion [Art. 136]
the the be accomplished (3) Insurrection [Art. 136]
accomplishment accomplishment is because of its (4) Coup d’etat [Art. 141]
is the intervention the intervention of inherently (5) Sedition [Art. 141]
of certain cause or certain cause by a impossible (6) Monopolies and combinations in restraint of trade. [Art.
accident in which third person to accomplishment 186]
the offender had prevent its or the means
no part. consummation or employed by the CRIMES WHICH ARE PUNISHABLE BY MERE
by the own will of offender is CONSPIRACY: (UNDER SPECIAL LAWS)
the perpetrator. inadequate or (1) Espionage,
ineffectual. (2) Highway robbery,
(3) Illegal association,
(4) Selected acts committed under the Dangers Drugs Act,
LIGHT FELONIES, DEFINED (5) Arson, and
Light felonies are those infractions of law for the commission (6) Terrorism under the Human Security Act.
of which the penalty of arresto menor or fine not exceeding
200 pesos, or both, is provided. [Art. 9, Par. 3] As a Manner of Incurring
As A Felony
Criminal Liability
Note: Only principals and accomplices can be held liable for Conspirators should not If the conspirators commit it,
light felonies. actually commit treason, they will be held liable for
rebellion, etc., it being treason, and the conspiracy
General Rule: Light felonies are punishable only when they sufficient that two or which they had before
have been consummated. more persons agree and committing treason is only a
decide to commit it. manner of incurring criminal
Exception: Light felonies committed against persons or liability, not treated as a
property, are punishable even if attempted or frustrated. separate offense.
Felony relates to a crime Conspiracy is not treated as a
LIGHT FELONIES UNDER RPC: actually committed. separate offense but used to
(1) Slight physical injuries and maltreatment [Art. 266] determine the liability of the
(2) Theft [Art. 309, pars. 7 and 8] offenders.
(3) Alteration of boundary marks [Art. 313] In conspiracy, the act of one is
(4) Malicious Mischief [Art. 328, par. 3; Art. 329, par 3] the act of all.
(5) Intriguing against honor [Art. 364]

11

General Rule: When conspiracy is established, all who • The crimes in which conspiracy and proposal are
participated therein, irrespective of the quantity or quality of punishable are against the security of the State or
his participation is liable equally, whether pre-planned or economic security.
instantaneous. (People v. Recones, 1999; People v. Cantuba,
1990)
Grave Felonies, defined
Exception: Unless one or some of the conspirators committed Those to which the law attaches the capital punishment7 or
some other crime which is not part of the intended crime. penalties which in any of their periods are AFFLICTIVE, in
accordance with Article 25 of the Code.
Exception to the exception: When the act constitutes a
“single indivisible offense.” ENUMERATION OF PENALTIES UNDER GRAVE
FELONIES:
BAR 1998, 2003 (1) Reclusion Perpetua;
Doctrine of Implied Conspiracy (2) Reclusion Temporal;
Conspiracy may be inferred if it is proven that two or more (3) Absolute or Temporary Absolute Disqualification;
persons aimed their acts towards the accomplishment of the (4) Absolute or Temporary Special Disqualification;
same unlawful object, each doing a part so that their acts (5) Prision Mayor
although apparently independent were in fact connected and (6) Fines more than 6000 pesos.
cooperative, this indicating a closeness of personal
association and a concurrence of sentiments.
Less Grave Felonies, defined
Those which the law punishes with penalties which in their
• It is enough that at the time of the commission of the maximum are CORRECTIONAL, in accordance with Article
offense, the offenders acted in concert, each doing his 25 of this Code.
part to fulfill their common design.
ENUMERATION OF PENALTIES UNDER LESS GRAVE
• It must be shown that there is unity of purpose and FELONIES:
unity in the execution of the offense. (1) Prision Correctional;
(2) Arresto Mayor;
• A conspiracy must be established by positive and (3) Destierro;
conclusive evidence. (4) Suspension;
(5) Fines equal to or more than 200 pesos but not less than
PROPOSAL 6000 pesos.
Proposal to commit a felony, defined

When a person decides to commit a crime and proposes its RULES ON GRAVE AND LESS GRAVE FELONIES:
execution to some other person or persons.
(1) Where the penalty prescribed for the offense is composed
Requisites: of two or more distinct penalties, the higher of highest of the
(1) That a person has decided to commit a felony; and penalties must be an afflictive/ correctional penalty.
(2) That he proposes its execution to some other person or (2) If the penalty prescribed is composed of two or more
persons. period corresponding to different divisible penalties, the
higher or maximum must be that of an afflictive/
RPC specially provides penalty for mere proposal in: correctional penalty.
(1) Treason
(2) Rebellion (3) If the penalty is composed of two periods of an afflictive/
(3) Insurrection correctional penalty or two periods corresponding to
(4) Coup d’etat different afflictive/ correctional penalties, the offense for
which is prescribed is a grave felony/ less grave felony.
NO criminal proposal when:
(1) The person who proposes is not determined to commit
the felony; Light Felonies, defined
Those infractions of law for the commission of which the
(2) There is no definite, concrete, and formal proposal but a penalty of arresto menor or a fine not exceeding 200 pesos, or
mere suggestion; both, is provided.
(3) It is not the execution of a felony that is proposed. Note:

When the code provides a fine of exactly 200 pesos for the
• It is not necessary that the person to whom the commission of a felony, it is a light felony regardless of the
proposal is made agrees to commit of any of the provision in Article 26 of the Code which provides that a fine
TRIC. not less than 200 pesos is a correctional penalty.
• If the proposal is accepted, it becomes conspiracy.

7 Capital punishment is death.

12

Requisites:
Importance of Classification: (1) Multiplicity of acts;
(1) To determine whether these felonies can be complex (2) Unity of criminal purpose or intent; and
crimes or not. (3) Unity of criminal offense violated.
(2) To determine the prescription of the crime and the
prescription of the penalty. Not a complex crime because the offender does not perform
a single act. But a series of act. And one offense is not a
General Rule: The provisions of the Revised Penal Code are necessary means for committing the other.
supplementary to special laws.
In determining venue, a continued, continuous or continuing
Exceptions: crime is DIFFERENT from a transitory crime (moving crime)
(1) Where the special law provides otherwise. – in the latter case, criminal action may be instituted and
(2) When the provisions of the RPC are impossible of tried in the court of the municipality, city or province
application, either by express provision or by necessary wherein any of the essential ingredients thereof took place.
implication.
PROVISIONS OF THE RPC MADE SUPPLEMENTARY TO Real or material plurality Continued crime
SPECIAL LAWS: There is series of acts There is a series of acts
performed by the offender. performed by the offender.
• Article 8 (regarding conspiracy) Each act performed by the The different acts constitute
offender constitutes a only one crime; all of the
• Article 12, paragraph 3 (regarding exempting separate crime; each act is acts performed arise from
circumstance of minority was applied to R.A. 509, the generated by a distinct one criminal resolution.
Anti-Profiteering Law.) criminal impulse
• Article 17 (regarding the participation of the principal CONTINUING OFFENSE; DEFINED

in the commission of the crime)
A continuous, unlawful act or series of acts set on foot by a
• Article 22 (with reference to the retroactive effect of single impulse and operated by an unintermittent force,
penal law if they favored the accused) however long a time it may occupy.
• Article 100 and 39 (regarding the indemnity and Although there is a series of acts, there is only one crime
subsidiary imprisonment were applied to the Motor committed. Hence, only one penalty shall be imposed.
Vehicle Law)
COMPLEX CRIMES AND COMPOSITE CRIMES
PROVISIONS OF THE RPC WHICH WERE HELD

INAPPLICABLE TO SPECIAL LAWS: Plurality of Crimes, defined
Consists in the successive execution, by the same individual,
(1) Article 6 (regarding attempted or frustrated felonies.) of different criminal acts, upon any of which no conviction
has yet been declared.
(2) Article 13 (regarding mitigating circumstances.)
Kinds:
(1) Real or material plurality
(3) Article 14 (regarding aggravating circumstances.) DIFFERENT crimes in law, as well as in the conscience
of the offender; the offender shall be PUNISHED for
Note: each and every offense that he committed.
Articles 13 and 14 of the RPC are applicable to special
laws if the latter follows the scheme of penalties of the (2) Formal or ideal plurality
RPC. Only ONE criminal liability.
(4) Articles 16 to 19 (regarding accomplices and

accessories.) Three groups under the formal type:
(1) When the offender commits any of the complex crimes
(5) Articles 50 to 57 and Article 64 (regarding the scale of in Art. 48.
penalties.)
(2) When the law specifically fixes a single penalty for two
CONTINUING CRIMES or more offenses committed (Special Complex Crimes).
(3) When the offender commits continuous crimes.

CONTINUING CRIME; DEFINED
A single crime, consisting of a series of act, but all arising

from ONE CRIMINAL RESOLUTION; length of time in the
commission is immaterial.

13

Two kinds of complex crimes:

(1) Compound Crimes
A single act constitutes two or more grave or less grave
felonies.
Requisites:
A. That only a single act is performed by the offender;
B. That the single act produces:
i. Two or more grave felonies

ii. One or more grave and one or more less grave
felonies, or
iii. Two or more less grave felonies.

• Light felonies produced by the same act should be
treated and punished as separate offenses or may be
absorbed by the grave felony or when committed with
force or violence.
• Article 48 excludes crimes punishable by special laws.
• Criminal negligence [Art. 365] can be complexed.

(2) Complex crime proper
An offense is a necessary means for committing another
offense.
Requisites:
A. At least two offenses are committed;
B. One or some of the offenses must be necessary to
commit the other; and
BAR 2004 C. Both or all of the offenses must be punished under

the same statute.
• Note: Necessary means is not equivalent to

indispensable means. It is also not inherent in the
crimes nor defines the other crime so as to
constitute an element of another offense
committed.
• The first offense must be consummated.
NO COMPLEX CRIME IN THE FOLLOWING CASES:

(1) In case of continuous crimes;
(2) When one offense is committed to conceal the other;
(3) When the other crime is an indispensable part or an
element of the other offense or offenses;
(4) Where one of the offenses is penalized by a special
law; and
(5) When the provision provides for a two-tiered penalty.
Note:
• Art. 48 is intended to favor the culprit.
• The penalty for complex crime is the penalty for the

most serious crime, the same to be applied in its
maximum period.
• If different crimes resulting from one single act are

punished with the same penalty, the penalty for any
one of them shall be imposed the same to be applied in
the maximum period.

14

D. Usurpation of real right [Art. 312] with serious

• When two felonies constitute a complex crime, are physical injuries [Art. 263]; and
punishable by imprisonment and fine respectively only
the penalty of imprisonment should be imposed. E. Abandonment of persons in danger [Art. 275] and
crimes against minors [Arts. 276 to 278] with any
• There is no fine imposed in complex crimes. other felony.
SPECIAL COMPLEX CRIMES, DEFINED

• When a complex crime is charged and one offense is not
proven the accused can be convicted of the other.
Those which are expressly treated by law as single
indivisible offenses although comprising more than one
• There is NO complex crime in estafa thru falsification of specific crime and with specific penalty.
private document as both crimes require damage as an
element which, if used for one renders the other Examples:
incomplete, hence, the query is as to which crime was
• Rape with homicide,
committed first.
The homicide must always be consummated; otherwise,
• If at the outset, the accused took a woman away against the two would constitute separate offenses. The rape
her will and with lewd designs on his part and he may either be consummated or attempted.
thereafter raped her, this would clearly be the complex
crime of abduction with rape.8
• Kidnapping with homicide,
• Subsequent acts of intercourse after forcible abduction
• Kidnapping with rape,
with rape are separate acts of rape for even while the
first act of rape was being performed the crime of
• Kidnapping with rape is different from abduction with
forcible abduction was already consummated so that
rape; in the latter, there is lewd design [People vs. Jose
each of the three succeeding rapes cannot be complexed
G.R. No. L -28232, Feb 6, 1971]
with forcible abduction.9
• Robbery with homicide,
• There is no complex crime of rebellion with murder
arson, robbery or other common crimes.
Additional acts of homicide are NOT aggravating.
• Article 48 does not apply to Act Penalized under Article
• Robbery with rape,
365 of the Revised Penal Code.10
Additional acts of rape not aggravating.
Rules in Art. 48 are NOT applicable:
(1) When the crimes subject of the case have common
Note: There is no complex crime of Arson with
elements;
Homicide. (People v. Edna, 2006)
(2) When the crimes involved are subject to the rule of
Bar 2003, 2005
absorption of one crime by the other;
Ordinary complex crime Special complex crime or
(3) Where the two offenses resulting from a single act are composite crime
specifically punished as a single crime, such as less As to their concept
serious physical injuries with serious slander of deed, It is made up of two or It is made up to two or
since this is punished under Art. 265 par. 2 as the single more crimes being more crimes which are
crime of less serious physical injuries with ignominy; punished in distinct considered only as
provisions of the RPC but component of a single
(4) In special complex crimes or composite crimes; alleged in one information indivisible offense being
either because they were punished in one provision
(5) When the crimes involved cannot be legally complexed, brought about by a single of the revised penal code.
viz: felonious act or because
A. Abusive service of search warrant [Art. 129] with one offense is a necessary
perjury [Art. 183]; means for committing the
other offense or offenses.
B. Bribery [Art. 210] with infidelity in the custody of As to penalty
prisoners [Arts. 223-225]; Penalty for the most It is the penalty specifically
serious crime shall be provided for the special
C. Maltreatment of prisoners [Art. 235] with serious imposed and in its complex crime that shall be
physical injuries [Art. 263]; maximum period. applied according to the
rules on imposition of the
penalty.

8 People vs. Oso, 62 Phil. 271
9 People vs. Jose, G.R. No. L-282232, Feb 6, 1971
10 Ivler vs. San Pedro & Ponce, G.R. No. 172716, Nov 17, 2010
Note:

15

Only one information should be filed when a complex crime 2. In the fulfillment of duty.
is committed. b. Unlawful
CIRCUMSTANCES AFFECTING REQUISITES OF SELF DEFENSE: (URL)

CRIMINAL LIABILITY (1) Unlawful aggression11;
(2) Reasonable necessity of the means employed to prevent
or repel it;
IMPUTABILITY, DEFINED
(3) Lack of sufficient provocation on the part of the
The quality by which an act may be ascribed to a person as
offender.
its author.
REQUISITE 1: SELF DEFENSE
RESPONSIBILITY, DEFINED
The obligation of taking the penal and civil consequences of
UNLAWFUL AGGRESSION12
the crime.
Equivalent to an actual physical assault or a threatened
assault of an immediate and imminent kind which is
GUILT, DEFINED
offensive and positively strong, showing the wrongful intent
An element of responsibility without which a man cannot be
to cause injury. There is peril to one’s life, limb, or right.
made to answer for the consequences of a crime.
Actual, defined
The danger must be present, that is, actually in existence.
JUSTIFYING CIRCUMSTANCES
Imminent, defined
JUSTIFYING CIRCUMSTANCES, DEFINED The danger is on the point of happening. It is not required
Those where the act of a person is said to be in accordance that the attack already begins, for it may be too late. There
with law, so that such person is deemed not to have must be actual physical force or actual use of weapon.
transgressed the law and is free from both criminal and civil
liability. There is no civil liability, except in par. 4 of Article Note:
11 where the civil liability is born by the persons benefited A. Hence, insulting words without physical assault does
by the act. not constitute unlawful aggression.
(1) Self-Defense B. Mere push or shove without sub, not followed by other
(2) Defense of Relatives acts, does not constitute unlawful aggression.
(3) Defense of Strangers
(4) Avoidance of greater evil or injury C. Foot-kick greeting is not an unlawful aggression.
(5) Fulfillment of duty or lawful exercise of right or
office D. Slap on the face constitutes unlawful aggression.
(6) Obedience to an order issued for some lawful (defense of honor)
purpose (Art. 11, RPC)
(7) Battered Woman Syndrome (R.A. No. 9262) • Public officer exceeding his authority may
become an unlawful aggressor.
Burden of Proof • When the aggressor flees or desisted,

The burden of proof is on the accused who must prove it by unlawful aggression no longer exists.
clear and convincing evidence.
• When unlawful aggression which has began
Effect of Justifying Circumstance no longer exists, the one making defense has
There is both no crime and no criminal. no more right to kill or even wound the
former aggressor.13
SELF-DEFENSE
Exception: When the aggressor retreated to take a more
Subjects of Self-Defense: (PPRH) advantageous position to insure the success of the attack
(1) Defense of Persons already begun by him, the unlawful aggression is considered
(2) Defense of Property still continuing.
(3) Defense of Rights
(4) Defense of Honor
NO UNLAWFUL AGGRESSION
Self-defense is lawful because: No unlawful aggression when there is agreement to fight
1. Impulse of self-preservation; PROVIDED that:
2. Impossibility on the part of the State to avoid a present
and unjust aggression and protect a person unlawfully
attacked.

11 Condition sine qua non. Without with there is no basis for
subsequent elements.
Kinds of aggression 12 People v. Patotoy, 261 SCRA 37
a. Lawful 13 People v. Geneblazo, 361 SCRA 572; People v. Bautista, 424
1. In the exercise of a right;
SCRA 63

16

REASONABLE NECESSITY OF THE MEANS EMPLOYED

a. The challenge is voluntarily accepted. TO PREVENT OR REPEL IT
If NOT voluntarily accepted, an attack subsequent to it is Presupposes the existence of unlawful aggression, which is
becomes an unlawful aggression. either imminent or actual.
b. It occurred at the stipulated time and place. “To prevent or repel”

If NOT at the stipulated time and place, an attack subsequent • A threat to inflict real injury places a person in
to it becomes an unlawful aggression. imminent danger; thus, it must be prevented.
One who voluntarily joins a fight cannot claim self-defense. • An actual physical assault places a person in actual
danger; thus, it must be repelled.
UNLAWFUL AGGRESSION IN DEFENSE OF OTHER Elements of Requisite 2:

RIGHTS. (1) Necessity for the course of action
(2) Necessity of the means employed
• Defense of Right to Chastity
• Embracing a woman, touching her private parts Note: BOTH of elements must be reasonable.
and her breast, and throwing her to the ground
for the purpose of raping her constitute Necessity of the recourse taken
unlawful aggression. • In determining the existence of unlawful
aggression that induced a person to take a course
• Attempt to rape a woman of action, the place and occasion of the assault and the
other circumstances must be considered.
• Placing of hand by a man on the woman’s upper • When the aggressor desisted, refused to fight,
thigh is unlawful aggression. disarmed, or prostrated on the ground, there is
nothing more to prevent or repel.
• Defense of property • When only minor physical injuries are inflicted
after unlawful aggression has ceased to exist, there
• Defense of home. is still self-defense IF mortal wounds were inflicted
at the time the requisites of self-defense were
• Violent entry to another’s house. present, PROVIDED that those relatively minor
• When the picking up of a weapon is preceded physical injuries do not contribute or hasten the
by circumstances indicating the intention of the death of the victim.
deceased to use it in attacking the defendant,
such act is considered unlawful aggression. The person defending himself is not expected to control his blow.
• Aggression must be real, not merely • The suddenness of aggression gives no time to the
imaginary. one defending to determine what course of action
to take.
An aggression that is expected is still real, provided it is • In repelling or preventing an unlawful aggression,
imminent. the one defending must aim at his assailant, and
not indiscriminately fire his deadly weapon.
• Unlawful aggression must come from the person
attacked by the accused. Necessity of the means used.
• The means employed by the person making
• Mere oral threats or threatening stance or posture defense must be rationally necessary to
is not sufficient to be considered as unlawful prevent or repel an unlawful aggression.
aggression.
• It depends upon the (a) nature and quality of
• Mere belief of an impending attack is not the weapon used by the aggressor, (b) his
sufficient. physical condition, (c) character, (d) size, and
(e) other circumstances, and (f) those of the
person defending himself, and also the (g)
MISTAKE OF FACT place and occasion of the assault.
In relation to mistake of facts or good faith and honest belief
of facts, the belief of the accused may be considered in • Reasonable necessity of the means employed
determining the unlawful aggression. does NOT imply material commensurability
or perfect equality between the means of
• There is self-defense even if the aggressor used a toy attack and defense. What the law requires is
gun, provided that the accused believed it to be a real rational equivalence.
gun.
• The means employed by the person under
attack is deemed reasonable if it cannot
REQUISITE 2: SELF-DEFENSE shown that the person assaulted (1) had other
available means or (2) if there was other means, he

17

could coolly choose the less deadly weapon to repel • The attack made by the deceased and the killing of
the assault. the deceased by the defendant should succeed
each other without appreciable interval of time.
• But when a person attacked with fist blows,
he must repel the same with fists also, • The unlawful aggression must come from the
PROVIDED that the aggressor and the one person who was attacked by the person invoking
defending himself are of the same size and self-defense.
strength.
• Nature, character, location, and extent of the
• This element should be interpreted liberally wound of the person invoking self-defense
in favor of the accused. allegedly inflicted by the injured party may belie
claim of self-defense.
REQUISITE 3: SELF-DEFENSE • mprobability of the deceased being the aggressor

LACK OF SUFFICIENT PROVOCATION ON THE PART belies the claim of self-defense.
OF THE OFFENDER
Cases in which the third requisite of self-defense considered DEFENSE OF RELATIVES

present when:
Requisites:
§ No provocation at all was given to the aggressor (1) Unlawful aggression to the relative of the person
by the person defending himself; or invoking defense of relatives;
(2) Reasonable necessity of the means employed to
§ Even if a provocation was given, it was not prevent or repel it; and
sufficient; or (3) In case the provocation was given by the person
attacked, the one making the defense had no part
§ Even if the provocation was sufficient, it was not therein.
given by the person defending himself; or
• The person making defense is prompted by some
§ Even if a provocation was given by the person noble or generous sentiment in protecting and
defending himself, it was not proximate and saving a relative.
immediate to the act of aggression.
• The fact that the relative defended gave
Note: provocation is immaterial.
The exercise of a right cannot give rise to sufficient
provocation. • Inducement to inflict injury is the same as taking
part in the provocation.
How to determine the sufficiency of provocation:
The provocation is sufficient if it is adequate to stir the Relatives that can be defended:
aggressor to its commission. (1) Spouse
(2) Ascendants
The provocation is sufficient: (3) Descendants
(1) When one challenges a person into a fight. (4) Legitimate, natural, or adopted brothers or sisters
(5) Relative by affinity within the same degree
(2) When one hurls invectives at another. (6) Relative by consanguinity within the fourth civil
degree
• The requisite of “lack of sufficient provocation” refers
EXCLUSIVELY to “the person defending himself.” “in-laws” relatives
Survives the death of either party to the marriage which
Thus, if the accused appears to be the aggressor, it cannot be created the affinity.
said that he was defending himself from the effect of
another’s aggression. Blood relatives:
1st. - Parents
2nd. - Legitimate Brothers and sisters
RULES IN SELF-DEFENSE: 3rd. - Uncles, Nieces, Aunts, Nephews
• Retaliation is not a self-defense 4th. - First cousins
In retaliation, the aggression begun by the injured DEFENSE OF STRANGERS

party already ceased when the person invoking
self-defense attacked him. Strangers, defined
Any person not included in the enumeration of relatives
When unlawful aggression ceases, the defendant under par. 2 of Art. 11.
no longer has the right to kill or even wound the
aggressor. • Damage to another includes injury to persons and
damage to property.

18

Delima Doctrine 14
Requisites: The shooting by guards of escaping prisoners is always
(1) Unlawful aggression to the stranger defended; justified.
• Security guards are NOT covered by the said doctrine;
(2) Reasonable necessity of the means employed to they are not guarding prisoners.
prevent or repel it; and • In case of public officers, a public officer could be said
to be acting in the fulfillment of his duty if he is under
(3) The person defending is not induced by revenge, the honest belief that his duty entailed committing the
resentment or other evil motives. act impugned.
It requires the person making defense to be actuated by Lawful exercise of rights or office
disinterested or generous motives. Applying Art. 429 of the Civil Code, if, in protecting his
possession of the property, he injures (not seriously) the one
• Furnishing a weapon to one in serious danger of trying to get it from him, he is justified under this paragraph.
being throttled or about to be throttled is defense [Reyes]
of stranger.
• It is not necessary that there be unlawful aggression
against the person charged with the protection of the
AVOIDANCE OF GREATER EVIL OR INJURY property; otherwise, it will fall under self-defense.
[Reyes]
Requisites:
(1) That the evil sought to be avoided actually exists; OBEDIENCE TO AN ORDER ISSUED FOR SOME
o Evil sought to be avoided must not be merely LAWFUL PURPOSE
expected or anticipated or may happen in the
future. Requisites:
(1) That an order has been issued by a superior;
(2) That the injury feared be greater than that done to avoid (2) That such order must be for some lawful purpose;
it; and
o An exercise of right is not an evil to be justifiably
avoided. (3) That the means used by the subordinate to carry
out said order is lawful.
(3) That there be no other practical or less harmful means
of preventing it. • This circumstance refers to an unlawful order with the
o Greater evil must NOT be brought about by the appearance of legality. Subordinate is not liable for
negligence or imprudence or violation of law by carrying out an illegal order if he is not aware of its
the actor. illegality and has exhibited no negligence.
• It is only in this paragraph of Art. 11 where there is • Presupposes that what was obeyed by the accused was
civil liability, BUT the civil liability is borne by the a lawful order.
persons benefitted. [Art. 101] i.e., if firemen had to
ram cars blocking their entry to a burning If the accused complied with an UNLAWFUL order under a
building, the persons the firemen would save from MISTAKE OF FACT he should not incur a criminal liability.
the fire bear the civil liability.
BAR 2011
State of necessity vs Accident BATTERED WOMAN SYNDROME (BWS)
Article 11, Par. 4 Article 12, Par. 4
Offender deliberately caused Offender accidentally caused R.A. No. 9262, otherwise known as the “Anti-Violence
damage damage Against Women and their Children Act of 2004”, provided
the defense for the Battered Women Syndrome which took
effect on 27 March 2004.
FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF
RIGHT OR OFFICE Battered woman, defined
A woman who is repeatedly subjected to any forceful
Requisites: physical or psychological behavior by a man in order to
(1) That the accused acted in the performance of duty coerce her to submit to his bidding with no concern for her
or in the lawful exercise of a right or office; and rights.
(2) That the injury caused or the offense committed be • Includes wives or women in any form of intimate
the necessary consequence of the due performance relationship with men.
of duty or the lawful exercise of such right or • Successfully invoking the Battered Woman
office. Syndrome will create the effect of a circumstance
of self-defense.

14 People vs. Delima, 46 PHIL. 738

19

B. Children above 15 but below 18 who

THREE PHASES OF THE “CYCLE OF VIOLENCE”: acted without discernment. [Juvenile
(1) Tension building phase; Justice and Welfare Act, R.A. No. 9344]
(3) Accident without fault or intention of causing it
This is the phase where minor batterings in the form of (4) A person who acts under the compulsion of an
verbal or slight physical abuse occurs. Here, the woman tries irresistible force
to pacify the batterer through a show of kind, nurturing (5) Uncontrollable fear
behavior; or by simply staying out of his way. (6) Insuperable cause
(2) Acute battering incident; Burden of Proof

The burden of proof to prove the existence of an exempting
The same is characterized by brutality, destructiveness and circumstances lies with the defense.
sometimes, death. The battered woman usually realizes that
she cannot reason with him and that resistance would only Effects of Exempting Circumstance
exacerbate her condition. • There is wanting in the agent of the crime any of the
conditions which make the act voluntary or negligent.
(3) Tranquil, loving (or, at least, nonviolent) phase.
• There is a crime but neither a criminal nor criminal
This is where the couple experience a compound relief and liability.
the batterer may show a tender and nurturing behavior
towards his partner.
PAR 1: IMBECILITY OR INSANITY
• In order to be classified as a battered woman, the
couple must go through the battering cycle at least Imbecility, defined
twice. Exists when a person, while of advanced age, has a mental
development comparable to that of children between two to
• Crucial to the BWS defense is the state of mind of seven years of age.
the battered woman AT THE TIME OF THE
OFFENSE - she must have actually feared Insanity, defined
imminent harm from her batterer and honestly Exists when there is a complete deprivation of intelligence of
believed in the need to kill him in order to save her freedom of the will. Mere abnormality of mental faculties is
life. 15 not enough especially if the offender has not lost
consciousness of his acts.
Requisites of BWS:16
(1) Each of the phases of the cycle of violence must be • Insanity and imbecility to exempt under Par 1, must be
proven to have characterized at least two battering COMPLETE and they cannot be graduated in degrees
episodes between the appellant and her intimate of gravity. [Regalado, 2009, p.60]
partner.
(2) The final acute battering episode preceding the • An insane person is not so exempt if it can be shown
killing of the batterer must have produced in the that he acted during a lucid interval BUT an imbecile is
battered person’s mind an actual fear of an exempt in all cases from criminal liability.
imminent harm from her batterer and an honest
belief that she needed to use force in order to save • Feeblemindedness is not exempting but can be
her life; considered as mitigating. 18
(3) At the time of the killing, the batterer must have
posed probable -- not necessarily immediate and • Somnambulism or sleepwalking must be clearly proven
actual -- grave harm to the accused, based on the to be considered as an exempting circumstance under
history of violence perpetrated by the former this article.
against the latter17.
• Malignant malaria affects the nervous system and
EXEMPTING CIRCUMSTANCE causes among others such complication as acute
melancholia and insanity at times and if clearly proven
Exempting Circumstances or Circumstances for Non- will be considered as an exempting circumstance under
Imputability this paragraph. 19
(1) Imbecility or Insanity TWO TEST OF INSANITY

(2) Minority (1) Test of COGNITION
A. Children who are 15 years of age or Complete deprivation of intelligence in committing the
under at the time of the commission of crime.
the offense to an intervention program. (2) Test of VOLITION
Total deprivation of freedom of will.

15 People vs. Genosa, G.R. 135981, 15 January 2004
16 ibid 18 People vs. Formigones, 87 Phil 661
17 Ibid 19 People vs. Lacena, 69 Phil 350

20

comportment and behavior not only before and during the

• In the Philippines, both cognition and volition test are commission of the offense but also after and during the trial.
applied there must be complete deprivation of the
intellect (cognition) or will or freedom (volition) It is manifested through:
(1) Manner of committing the crime
• The defense must prove that the accused was insane at (2) Conduct of the offender
the time of commission of the crime because the
presumption is always in favor of sanity. Discernment Intent
Refers to moral significance Refers to the desired result
the person ascribes to the of the person
EFFECTS OF THE INSANITY OF THE ACCUSED act.
Time when accused was
Effect on criminal liability
insane (2) If the child referred herein acted with discernment,
At the time of the Exempt from liability he/she shall undergo diversion programs without
commission of the crime undergoing court proceedings subject to the following
During trial Proceeding will be conditions: (Section 23)
suspended and accused is
committed to a hospital b. Where the imposable penalty is not more
After judgment or while Execution of judgment is than 6 years of imprisonment, the Punong
serving sentence suspended the accused is Barangay or law enforcement officer shall
committed to a hospital the conduct mediation, family conferencing and
period of confinement in the conciliation.
hospital is counted for the
purpose of the prescription c. Where the imposable penalty exceeds 6 years
of the penalty imprisonment, diversion measures may be
resorted to only by the court.
• The fact that a person behaves in a crazy manner is not
(3) Exemption from criminal liability herein established
conclusive of insanity.
does not include exemption from civil liability.
• The prevalent meaning of the word “crazy is not
BAR 2011
synonymous with the legal terms “insane, “non compos
(4) The child in conflict with the law shall enjoy the
mentis,” “unsound mind,” “idiot,” or “lunatic”. The
presumption of minority until he/she is proven to be
popular conception of the word “crazy” is being used to
describe a person or an act unnatural or out of the 18 years old or older (Section 7, par. 1)
ordinary a man may behave in in a crazy manner but it
does not necessarily and conclusively prove that he is
legally so. 20 The prosecutor shall conduct a preliminary investigation and
file information upon determination of probable cause in the
PAR 2 AND 3: MINORITY 21 following instances (Section 33):
JUVENILE JUSTICE AND WELFARE ACT OF 2006 a. When the child in conflict with the law does not
(R.A. 9344) qualify for diversion.
(1) Under R.A. 9344 (Juvenile Justice and Welfare Act of
2006), the following are EXEMPT from criminal b. When the child, his/her parents or guardian does
liability: not agree to diversion.
a. Children who are 15 years of age or under at the c. Upon determination by the prosecutor that
time of the commission of the offense to an diversion is not appropriate for the child in conflict
intervention program. with the law.
• If after the intervention there is no reform the
(5) Automatic Suspension of Sentence
minor shall be returned to the court for the
promulgation of the decision against the
Once the child who is under 18 years of age at the time of
minor: and then the court shall either decide
commission of the offense is found guilty of the offense
on the sentence or extend the intervention.
charged, the court shall determine and ascertain any civil
liability which may have resulted from the offense
b. Children above 15 but below 18 who acted without
committees. However, instead of pronouncing the judgment
discernment.
of conviction, the court shall place the child in conflict with
law under suspended sentence, without need of application
Discernment, defined
and impose the appropriate disposition measures as
Mental capacity to understand the difference between right
provided in the Supreme Court Rule on Juveniles in Conflict
and wrong as determined by the child’s appearance, attitude
with the law. (Section 38)

20 People vs. Florendo, G.R. No 136845, 8 October 2003
21 Amended and superseded by R.A. 9344

21

(6) Upon recommendation of the social worker who has

custody of the child, the court shall order the finals • The force must be irresistible as to reduce the actor to a
discharge of the child. mere instrument who acts not only without will but
against his will.
The discharge of the child in conflict with the law shall not
affect the civil liability resulting from the commission of the • The person who used the force or created the fear is
offense (Section 39.) criminally and primarily civilly liable, but the accused
who performed the act involuntarily and under duress
SUMMARY OF RULES is still secondarily liable. (Art. 101)
• If the judgment is an acquittal, the decision shall
immediately take effect without suspension and • The compulsion must be of such character as to leave no
the decision shall be promulgated and opportunity to the accused for escape or self-defense in
pronounced. equal combat.
• If the judgment is conviction, the promulgation of PAR 6: UNCONTROLLABLE FEAR

the decision and the sentence shall be suspended
by the court, the minor shall be ordered to Elements:
undergo intervention, which shall have the (1) That the threat which causes the fear is of an evil
following effects: greater than, or at least equal to, that which he is
required to commit; and
(1) If after the intervention, there is reform on the (2) That it promises an evil of such gravity and
part of the minor, the minor shall be returned imminence that an ordinary man would have
to the court to dismiss the criminal case and succumbed to it.
dismiss the charges against the minor.
(2) If after the intervention, there is no reform,
• Duress as a valid defense should be based on a real,
the minor shall be returned to the court for
imminent, or reasonable fear for one’s life or limb and
the promulgation of the decision against the
should not be a speculative, fanciful, or remote fear.
minor, and then the court shall either decide
on the sentence or extend the intervention.
• The compulsion must be of such character as to leave no
Note: opportunity to the accused for escape or self-defense in
Only when there is (1) refusal to be subjected to reformation equal combat.
or (2) when there is failure to reform can the child be
subjected to criminal prosecution and the judicial system. • It must presuppose intimidation or threat, not force or
violence, otherwise this would fall under par. 5 on
Irresistible Force.
PAR 4: ACCIDENT WITHOUT FAULT OR INTENTION
OF CAUSING IT. Irresistible Force Uncontrollable Fear
A third person uses violence A third person employs
Accident, defined or physical force to compel intimidation or threat to
An occurrence that happens outside the sway of our will, the person invoking compel the person invoking
and although it comes about through some act of our will, it Irresistible Force to commit a Uncontrollable Fear to
lies beyond the bounds of humanly foreseeable crime. commit a crime.
consequences. Must have been made to May be generated by a
operate directly upon the threatened act directed to a
Elements: person of the accused. third (3rd) person.
(1) A person is performing a lawful act; The injury feared may be of The evil feared must be
(2) With due care; a lesser degree than the greater or at least equal to
(3) He causes injury to another by mere accident; and damage caused by the the damage caused to avoid
(4) Without fault or intention of causing it. accused. it.
• Accident presupposes the lack of intention to

commit a wrong. PAR 7: INSUPERABLE CAUSE
PAR 5: A PERSON WHO ACTS UNDER THE Insuperable cause, defined

COMPULSION OF AN IRRESISTIBLE FORCE A motive which has lawfully, morally or physically
prevented a person to do what the law commands.
Elements: (PIT)
(1) That the compulsion is by means of physical force; • Applies to felonies by omission.
(2) That the physical force must be irresistible; and
(3) That the physical force must come from a third Elements:
person. (1) That an act is required by law to be done;
(2) That a person fails to perform such act; and
• Passion and obfuscation cannot amount to irresistible (3) That his failure to perform such act was due to
force. some lawful or insuperable cause.

22

BAR 2004 two or more ordinary

Justifying Exempting mitigating circumstances
Circumstances Circumstances without any generic
It affects the act not the It affects the actor not the aggravating circumstances.
actor. act. As to the effect
The act is considered to have The act complained of is If not offset (by generic It operates to reduce the
been done within the actually wrongful, but the aggravating circumstances) penalty by one or two
bounds of law; hence, actor is not liable. it will operate to have the degrees.
legitimate and lawful in the penalty imposed at its
eyes of the law. minimum period, provided
Since the act is considered Since the act complained of the penalty is a divisible one.
lawful, there is no crime. is actually wrong, there is a As to offset
crime but, since the actor May be offset by generic Cannot be offset by a generic
acted without voluntariness, aggravating circumstance. circumstance.
there is no dolo or culpa.
No crime There is a crime
No criminal PAR 1: INCOMPLETE JUSTIFYING OR EXEMPTING
No criminal liability CIRCUMSTANCES
No civil liability (except Art. There is civil liability (except
11, par. 4, where there is civil Art. 12, par 4 and 7, where General Rule: Treated as Ordinary Mitigating Circumstance
liability) there is no civil liability
Exception: Treated as Privileged Mitigating Circumstance (If
MITIGATING CIRCUMSTANCES majority of the elements of the justifying or exempting
circumstance is present.)
Mitigating Circumstances, defined
Those which, if present in the commission of the crime, do • If the justifying or exempting circumstance has an
not entirely free the actor from criminal liability, but serve even (2, 4, etc.) number of elements, half of it
only to reduce the penalty, not to change the nature of the would already constitute the majority.
crime.
(1) Incomplete justifying or exempting circumstances Indispensable Requisites of Justifying/Exempting

(2) Over 15 but under 18 years old, if there is discernment Circumstances
or over 70 years old Circumstance Indispensable Element
(3) No intention to commit so grave a wrong Self-Defense Unlawful Aggression
(4) Provocation or Threat Defense of Relatives Unlawful Aggression
(5) Vindication of grave offense Defense of Strangers Unlawful Aggression
(6) Passion or obfuscation State of Necessity The evil sought to be avoided
(7) Voluntary surrender and confession of guilt actually exists
(8) Physical defect of offender Performance of Duty The accused acted in the
(9) Illness of the offender performance of a duty or in the
(10) Similar or analogous circumstances lawful exercise of right or office
Obedience to Order An order has been issued by a
• A mitigating circumstance arising from a single of Superior superior
fact absorbs all the other mitigating circumstances Minority above 15 Age of minor below 18
arising from the same facts. but below 18 years of
age
Ordinary Mitigating Privileged Mitigating Causing injury by The accused in performing a lawful
If not majority of the If majority (which mere accident act
elements of the justifying or necessarily includes the Irresistible Force There is a compulsion by means of
exempting circumstance are indispensable element) of physical force
present the elements of the justifying Uncontrollable Fear There is a threat which causes a feat
or exempting circumstance of an evil greater than, or at least
Subsections 2(2) - 10 of Art. are present, Arts. 68, 69 and equal to, that which he is required
13 (RPC) 64 of RPC. to commit
Paragraph 1 and 2 are

privileged mitigating under PAR 2: OVER 15 BUT UNDER 18 YEARS OLD, IF THERE
Article 68 as amended by IS DISCERNMENT OR OVER 70 YEARS OLD
R.A. 9344 and Article 69. It is the age of the accused at the time of the commission of
the crime which should be determined. His age at the time of
Article 64, which produces the trial is immaterial.
the effect of a privileged
mitigating circumstance, LEGAL EFFECTS OF VARIOUS AGES OF OFFENDER:
applies only when there are (1) 15 and below

23

Exempting Any unjust or improper conduct or act of the offended party

capable of exciting inciting or irritating any one.
(2) Above 15 but under 18
Exempting unless acted with discernment. But even Requisites:
with discernment, penalty is reduced by one (1) degree lower The provocation must be sufficient;
than that imposed. [Art. 68, par. 2, amended by R.A. 9344]
Sufficient means adequate to excite a person to commit the
(3) Minor delinquent under 18 years of age who acted wrong and must accordingly be proportionate to its
with discernment gravity.25
Sentence suspended. [Art. 192, PD 603 as amended by PD
1179, referred to as Children in Conflict with the Law under RA As to whether or not the provocation is sufficient, the
9344] following factors are to be considered:
Child in Conflict with the Law (definition) (1) The act constituting the provocation.
A child who is alleged as, accused of, or adjudged as, having (2) The social standing of the person provoked.
committed an offense under Philippine laws. (3) The place and time when the provocation is made.
(4) 18 years or over It must originate from the offended party;

Full criminal responsibility.
The provocation must be personal and directed to the
(5) 70 years or over accused; and must be immediate to the act, or the
Mitigating, no imposition of death penalty [Art. 47]; if commission of the crime.
already imposed, execution of death penalty is suspended
and commuted. [Art. 83] • The threat should not be offensive and positively
strong. Otherwise, the threat to inflict real injury is
an unlawful aggression, which may give rise to
PAR 3: NO INTENTION TO COMMIT SO GRAVE A self-defense.
WRONG
• A challenge to fight constitutes as a sufficient
Rule for the application: provocation, especially if preceded by insults.26
This can be taken into account only when the facts proven
show that there is a notable and evident disproportion • However, it is not sufficient provocation when the
between the means employed to execute the criminal act and defendant sought the deceased before the
its consequences. challenge was made by the latter.27
• Intention, being an internal state, must be judged by • An attack BEFORE the commencement of the
external acts. agreed fight is sufficient provocation, provided
that it is not that strong so as to amount to an
• Intention may be ascertained by considering: unlawful aggression. Otherwise, the rules on self-
(1) The weapon used defense apply.
(2) The part of the body injured
(3) The injury inflicted • Lawful performance of duty does not give rise to
(4) The manner it is inflicted sufficient provocation.
• NOT applicable to felonies by negligence • Vague threats are not enough so as to amount to
• NOT applicable to felonies where intention is sufficient provocation. (Reyes) (i.e. “If you do not
immaterial agree, beware!”)
• NOT applicable where the offender employed brute
force.22 • The liability of the accused is mitigated only
• Lack of intent to kill is not mitigating in physical insofar as it concerns the harm inflicted upon the
injuries.23However, it is mitigating when the victim dies person who made the provocation, but not with
and the felony charged is homicide. 24 regard to the other victims who did not participate
• NOT appreciated in cases where there is no material in the provocation.28
harm done.
• Intent at the time of the commission of the felony not Provocation as Requisite of Provocation as Mitigating
during the planning stage should be considered. Incomplete Self-Defense Circumstance
PAR 4: PROVOCATION OR THREAT
Provocation, defined

25 People vs. Nabora, 73 Phil 434,435
22 People vs. Yu 26 U.S. vs. Cortes
23 People vs. Galacgac 27 U.S. vs. Mendac
24 People vs. Pugay; Garcia vs. People 28 US vs. Malabanan, 9 Phil. 262

24

It pertains to its absence on It pertains to its presence on The cause that brought The offended party must
the part of the person the part of the offended about the provocation have done a grave offense
defending himself. party.29 need not be a grave to the offender or his
offense. relatives mentioned by
law.
It is necessary that the The vindication of the
PAR 5: VINDICATION OF GRAVE OFFENSE provocation or threat grave offense may be
immediately preceded the proximate, which admits
Requisites: act. of an INTERVAL of time.
(1) That there be a grave offense done to the one It is mere spite against the It concerns the honor of a
committing the felony, his spouse, ascendants, one giving the provocation person.
descendants, legitimate, natural or adopted or threat.
brothers or sisters or relatives by affinity within
the same degrees; and Factors to determine gravity of offense in vindication:
(2) That the felony is committed in immediate (1) Social standing of the person
vindication of such grave offense. (2) Place when the insult was made
(3) Time when the insult was made
“Immediate”
Allows for a lapse of time as long as the offender is still PAR 6: PASSION OR OBFUSCATION
suffering from the mental agony brought about by the
offense to him. Requisites34:
(1) That there be an act, both unlawful and sufficient
to produce such a condition of mind;
“Grave offense” (2) That the said act which produced the obfuscation
Includes any act that is offensive to the offender or his was not far removed from the commission of the
relatives and the same need not be unlawful. crime by a considerable length of time, during
which the perpetrator might recover his normal
• That grave offense must be the proximate cause or equanimity, and
proximate to the act of the offender. (3) The act causing such obfuscation was committed
by the victim himself.
• Relationship by affinity survives the death of
either party to the marriage which created the • May lawfully arise from causes existing only in the
affinity. 30 honest belief of the offender.
• Killing of a relative amounts to a grave offense.31 • The act of the offended party must be unlawful or
unjust.
• The provocation should be proportionate to the
damage caused by the act and adequate to stir one • Exercise of a right or fulfillment of duty is not a proper
to its commission.32 source of passion and obfuscation.
• The grave offense must be directed to the person • This mitigating circumstance may be appreciated even
invoking Vindication of Grave Offense. if the reported act causing the obfuscation was not true,
as long as it was honestly and reasonably believed by
• If it is a remark, the person invoking this defense the accused to be true.35
must not have had sufficient time to suppress his
emotion over said remark.33 • No passion or obfuscation after twenty-four (24) hours,
or several hours or half an hour elapsed between the
• Vindication of grave offense cannot co-exist with cause of the passion or obfuscation and commission of
passion or obfuscation if based on one single fact. the crime.36
• The crime committed must not be planned or calmly

Provocation Vindication meditated or deliberately fermented by him for a
considerable period of time.37
It is made directly only to The grave offense may be
the person committing the committed also against the
felony. offender’s relatives • Obfuscation may arise from jealousy, provided that it
mentioned by law. arises from lawful sentiments. (i.e. not legitimate wife;
in a legitimate relationship)

29 People vs. CA, G.R. No. 103613, 23 February 2001
30 Intestate Estate of Marcelita Gonzales Vda De Carungcong 34 People v. Ignas, 412 SCRA 311
vs. People 35 People vs. Guhiting, 88 Phil. 672
31 People vs. Doniego 36 People vs. Sarikala; People vs. Aguinaldo; People vs.
32 People vs. Lopez Matbagon
33 People vs. Benito 37 People vs. Daos; People vs. Hernandez

25

• The cause producing passion or obfuscation must come PAR 7: VOLUNTARY SURRENDER AND CONFESSION
from the offended party because it only mitigates that OF GUILT
of the crime committed to him.
The paragraph contains two (2) mitigating circumstances:
• Vindication of grave offense cannot co-exist with (1) Voluntary surrender to a person in authority or his
passion or obfuscation if based on one single fact. agents.
(2) Voluntary confession of guilt before the court prior

General Rule: One single fact cannot be made the basis of a to the presentation of evidence for the persecution.
different modifying circumstances.
Note: If both are present, there will be two independent
Exception: When there are other facts, although closely ordinary mitigating circumstances.
connected with the fact upon which one circumstance is
premised, the other circumstance maybe appreciated as BAR 1999
based on other fact. Requisites of voluntary surrender:
(1) That the offender had not been actually arrested.
• Passion or obfuscation is compatible with lack of
intention to commit so grave a wrong.38 (2) That the offender surrendered himself to a person
in authority or to the latter’s agent; and
• Incompatible with treachery and evident
premeditation. (3) That the surrender was voluntary.
Mitigating Circumstances Not Mitigating

When: When: PERSON IN AUTHORITY, DEFINED
The accused acted upon an The act is committed in a One directly vested with jurisdiction which is the power to
impulse. spirit of lawlessness. govern and to execute the laws, whether as an individual or
The impulse must be so The act is committed in a as a member of some court or government corporation,
powerful that it naturally spirit of revenge. board or commission.
produced passion or
obfuscation in him. AGENT OF A PERSON IN AUTHORITY, DEFINED
Passion/Obfuscation Provocation One who by direct provision of the law or by election or by
Produced by an impulse The provocation comes from appointment by competent authority is charged with the
which may be caused by the injured party. maintenance of public order and protection and security of
provocation. life and property and any person who comes to the aid of
person in authority [Art. 152, as amended by R.A. 1978]
Offense need not be Must immediately precede
immediate. It is only the commission of the crime.
required that the influence
When surrender is considered voluntary
thereof lasts until the
moment the crime is • It must be spontaneous.
committed.
If obfuscation and provocation arose from one and the same • Intent of the accused to submit himself unconditionally
act, both shall be treated as only one mitigating to the authorities must be either because he
circumstance. acknowledges his guilt or he wishes to save them the
trouble and expense necessarily incurred in his search
and capture the conduct of the accused determines the
Passion/Obfuscation Irresistible Force
spontaneity of the arrest.
It is a mitigating It is an exempting
circumstance circumstance.
• In order to appreciate this circumstance, the surrender
Cannot give rise to Requires physical force.
of the accused must precede the service of warrant of
irresistible force as it is not
arrest to the accused or its return when not served
caused by physical force.
because the accused cannot be located.
Passion or obfuscation is in Must come from a third
the mind of offender person.
HOWEVER, it is not required that, to be appreciated, it be
himself.
prior to the issuance of a warrant of arrest. 39
Must arise from lawful Must arise from physical
sentiments. force.
• Surrender must be made to a person in authority
or his agent. Otherwise, a defense will not be
Passion and obfuscation CANNOT co-exist with:
appreciated under this circumstance, although it
(1) Vindication of Grave offense
may be appreciated under paragraph 10, on
(2) Treachery
analogous circumstances.
(3) Evident premeditation
• Posting of bonds amount to voluntary surrender.40

38 People vs. Cabel 39 People vs. Turalba, G.R. NO L-29118, 28 February 1974

26

• Plea of guilty must not be accompanied by a

• The surrender must be by reason of the condition.
commission of the crime for which the defendant
is prosecuted.41 • Plea of guilty to a lesser offense than that charged
is not mitigating.
• Surrender through an intermediary prior to the
issuance of warrant of arrest is appreciated as Exception: When the prosecution failed to prove a
mitigating.42 circumstance alleged in the information to which the accused
pleaded not guilty to.
When surrender is considered NOT voluntary

• Intention to surrender without actually surrendering is PAR 8: PHYSICAL DEFECT OF OFFENDER
not mitigating
When the offender is deaf and dumb, blind or otherwise
• Not mitigating when defendant was in fact arrested suffering from some physical defect, restricting his means of
action, defense or communication with other.
• Surrender of weapon cannot be equated with voluntary
surrender. It must be the accused in his person. • The physical defect must relate to the offense
committed. (e.g. blindness does not mitigate
• Surrender of accused must not be accompanied by a Estafa.)
condition.
BAR 1999 DUMB, DEFINED

Requisites of voluntary plea of guilty: Lacking the power of human speech
(1) That the offender spontaneously confessed his guilt;
(2) That the confession of guilt was made in open court, Note: This paragraph does not distinguish between the
that is, before the competent court that is to try the educated and uneducated person with physical defects.
case;
(3) That the confession of guilt was made prior to the General Rule: All of the physical defects of the offender
presentation of evidence for the prosecution; and must be proven that such defect restricted his freedom of
action and understanding.
(4) That the confession of guilt was to the offense
charged in the information. Exception: Complete blindness (BAR 2011)
PAR 9: ILLNESS OF THE OFFENDER

• Plea of guilt is NOT mitigating in culpable felonies
and in crime punished by special laws. Requisites:
(1) That the illness of the offender must diminish the
• Where in the original information the accused exercise of his will-power; and
pleaded not guilty, but he pleaded guilty to the (2) That such illness should not deprive the offender
amended information, it is considered a voluntary of consciousness of his acts.
plea of guilty and considered a mitigating
circumstance. 43 • Includes illness of the mind which should not
amount to insanity.
• The plea must be made before the trial begins (on
or before arraignment/prior to the presentation of
the evidence of the prosecution). PAR 10: SIMILAR OR ANALOGOUS CIRCUMSTANCES
• A guilty plea on appeal is not mitigating. It must Examples:

be made at the first opportunity, that is, in the (1) Over 60 years old with failing sight, similar to over
Municipal Trial Court.44 70 years of age under par. 2.
(2) The act of the accused leading the law enforces to
the place where he buried the instruments he used
• An extrajudicial confession is not mitigating.
to commit the crime are similar to voluntary
surrender.
(3) Extreme poverty, as similar to a state of necessity,

which may apply to crimes against poverty but not
40 People vs. Turalba
41 People vs. Semanada
violence, such as murder.
42 People vs. De La Cruz
(4) Outraged feeling of unpaid creditor, as kin to
vindication and obfuscation.
43 People vs. Ortiz, G.R. No. L-19585, 29 November 1965
44 People vs. De La Pena

27

(5) Appeal to the spirit de corps of the accused, as KINDS OF AGGRAVATING CIRCUMSTANCES:
analogous to passion. (1) Generic
Those that can generally apply to all crimes.
(6) Wartime state of confusion resulting in illegal A. Advantage taken of public position;
possession of firearm after the liberation, as being B. Contempt or insult of public authority;
similar to lack of intent to commit so grave a C. Crime committed in the dwelling of the
wrong. offended party;
D. Abuse of confidence or obvious
(7) Voluntary return of funds malversed by the ungratefulness;
accused, as equivalent to voluntary surrender. E. Place where crime is committed;
(BAR 2011) F. Nighttime, uninhabited place, or brand;
G. Recidivism;
(8) Testifying for the prosecution without being H. Habituality;
discharged from the information, as being like a I. Craft, fraud, or disguise;
plea of guilty J. Unlawful entry;
K. Breaking of parts of the house;
L. Use of persons under 15 years of age.
CIRCUMSTANCES WHICH ARE NEITHER EXEMPTING
NOR MITIGATING: (2) Specific
(1) Mistake in the blow (aberratio ictus) Those which apply only to particular crimes.
(2) Mistake in the identity A. Disregard of rank, age, or sex due the
(3) Entrapment offended party in crimes against persons and
(4) Accused is over 18 years of age honor;
B. Abuse of superior strength in crimes against
persons, illegal detention45, robbery with
SPECIFIC MITIGATING CIRCUMSTANCES rape46, multiple rape47, robbery with
homicide48;
(1) Voluntary release within three days; without
C. Means employed to weaken the defense in
attaining purpose; before criminal action (Illegal
crimes against persons and sometimes in
Detention)
crimes against person and property;
(2) Abandonment of spouse (Adultery)
D. Treachery in crimes against persons;
(3) Intent to conceal dishonor of mother E. Ignominy in crimes against chastity;
(Infanticide/Abortion) F. Cruelty in crimes against persons;
G. Band in crimes against property, crimes
against person, illegal detention, and treason.
AGGRAVATING CIRCUMSTANCES
H. Use of unlicensed firearms in the murder or
homicide committed therewith.
AGGRAVATING CIRCUMSTANCES, DEFINED
Those which, if attendant in the commission of the crime, Absorbed in rebellion, insurrection, sedition, and attempted coup
serve to increase the penalty without however, exceeding the d’etat. [R.A. 8294]
maximum of the penalty provided by law for the offense; or
changing the nature of the crime. (3) Qualifying
Those that change the nature of the crime.
BAR 1999 A. Crime committed on the occasion of a
conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune.
B. Aid of armed or persons who insure or afford
impunity.
C. Price, reward, promise.
D. Crime committed by means of inundation,
fire, poison explosion, stranding of a vessel or
intentional damage there, derailment of a
locomotive, or by the use of any other artifice
involving great waste and ruin.
E. Evident Premeditation
F. Abuse of Superior Strength or Employment of
means to weaken defense
G. Treachery (Alevosia)
H. Crimes committed by means of motor vehicle
I. Cruelty

45 U.S. vs. Santiago
46 People vs. Macaraya
47 People vs. Camiloy
48 People vs. Boyles

28

(2) The same rule shall apply with respect to any

(4) Inherent aggravating circumstance inherent in the crime to such
Those which necessarily accompany the a degree that it must of necessity accompany the
commission of the crime, therefore not considered commission thereof. [Art. 62, par.2]
in increasing the penalty to be imposed, such as:
A. Evident premeditation in robbery, theft, (3) Aggravating circumstances which arise from the
estafa, adultery and concubinage; sources listed below shall only serve to aggravate the
B. Abuse of public office in bribery; liability of the principals, accomplices and accessories
C. Breaking of a wall or unlawful entry into a as to whom such circumstances are attendant even if
house in robbery with the use of force upon there was conspiracy:
things;
A. Those from the moral attributes of the
D. Fraud in estafa;
offender; or
E. Deceit in simple seduction; B. Those from his private relations with the
F. Ignominy in rape. offended party; or
C. Those from any personal cause. [Art. 62,
(5) Special par. 3]
Those which arise under special conditions to
increase the penalty of the offense and cannot be (4) The circumstances which consist of the following shall
offset by mitigating circumstances, such as: serve to aggravate the liability of those persons only
A. Quasi-recidivism [Art. 160]; who had knowledge of them at the time of the
B. Complex crimes [Art. 48]; execution of the act or their cooperation therein:
C. Error in personae [Art. 49];
D. Taking advantage of public position and A. In the material execution of the act, or
membership in an organized/syndicated B. In the means employed to accomplish it.
crime group [Par. 1[a], Art. 62]; [Art. 62, par. 4]
E. Use of unlicensed firearm in homicide or
murder. (5) Aggravating circumstances, regardless of its kind,
should be specially alleged in the information AND
proved as fully as the crime itself in order to increase
the penalty. [Sec. 9, Rule 110, 2000 Rules of Criminal
Procedure] Such circumstances are not presumed.49
(Generic aggravating circumstances, even if not alleged in

the information, may be proven during trial over the
objection of the defense and may be appreciated in
imposing the sentence.)
BAR 1999
Generic Aggravating Qualifying Aggravating (6) When there are more than one qualifying aggravating
circumstances present, one of them will be appreciated
As to its effect
as qualifying aggravating while the others will be
Increases the penalty which To give the crime its proper
considered as generic aggravating.
should be imposed upon the and exclusive name and to
accused to the maximum place the author thereof in
period but without such a situation as to deserve
exceeding the limit no other penalty than that PAR 1: THAT ADVANTAGE BE TAKEN BY THE
prescribed by law. specially prescribed by law OFFENDER OF HIS PUBLIC POSITION.
for said crime.
● Applicable only when the offender is a public officer.
As to whether it can be offset by mitigating circumstances
May be offset by an ordinary Cannot be offset by a ● As a means by which he realizes his purpose, the public
mitigating circumstance mitigating circumstance officer must use:
since it is not an ingredient since it is considered an
of the crime. ingredient of the crime. (1) Influence
RULES ON AGGRAVATING CIRCUMSTANCES (2) Prestige or

(1) Aggravating circumstances shall not be appreciated if:
(3) Ascendancy.
A. They constitute a crime especially
punishable by law; or
B. They are included by the law in defining

a crime and prescribing a penalty
therefore.

49 People vs. Legaspi, G.R. Nos. 136164-65, 20 April 2001

29

● It cannot be taken into consideration in offenses where PAR 3: THAT THE ACT BE COMMITTED:
taking advantage of official position is an integral (1) WITH INSULT OR IN DISREGARD OF THE RESPECT
element of a crime. (i.e. Malversation under Art. 217) DUE THE OFFENDED PARTY ON ACCOUNT OF HIS (A)
RANK, (B) AGE, OR (C) SEX; OR
(2) THAT IT BE COMMITTED IN THE DWELLING OF
● It is also inherent in the case of accessories under Art.
THE OFFENDED PARTY, IF THE LATTER HAS NOT
19, par. 3 (harboring, concealing, or assisting in the
GIVEN PROVOCATION.
escape of the principal of the crime), and in crimes
committed by public officers [Arts. 204-245].
Rank of the offended party, defined
● R.A. 7659 provides that crimes committed by a public
The designation or title of distinction used to fix the relative
officer will be given the penalty prescribed at its
position of the offended party in reference to others.
maximum, regardless of the nature and number of
mitigating circumstances.
Age of the offended party, defined
May refer to old age or the tender age of the victim.
● Not aggravating if accused could have perpetrated the
crime without occupying public position.50
Sex of the offended party, defined
Refers to the female sex, not to the male sex.
PAR 2: IN CONTEMPT OF OR WITH INSULT TO THE
PUBLIC AUTHORITIES.
● If all the four circumstances are present, they have the
Requisites: weight of four different aggravating circumstances.
(1) That the public authority is engaged in the exercise of
his functions; ● Disregard of rank, age or sex is essentially applicable
only to crimes against person or honor.
(2) That the public authority is not the person against
whom the crime is committed; ● Offender must deliberately offend the rank, age, or sex
of the offended party.
(3) The offender knows him to be a public authority; and
● The offender must have a superiority over the offended
(4) His presence has not prevented the offender from party in terms of the invoked social condition.
committing the criminal act.
The aggravating circumstance of disregard of rank, age, or
sex is NOT applicable in the following cases:
● Teachers or professor of a public school or recognized (1) When the offender acted with passion and obfuscation;
private school and lawyers are NOT “public authority”
within the contemplation of this paragraph. (2) When the condition of being a woman is indispensable
in the commission of the crime. (e.g. abduction,
seduction and rape)
● Par 2 of Art. 14 do NOT apply when crime is committed
in the presence of an agent only. DWELLING, DEFINED
A building or structure, EXCLUSIVELY USED FOR REST
AND COMFORT.
● Knowledge that a public authority is present is
essential. Lack of such knowledge indicates lack of ● A “combination of a house and a store” or a market stall
intention to insult the public authority. where the victim slept is not a dwelling.
● Dwelling includes dependencies, the foot of the

● If an assault is committed is against the public authority staircase and enclosure under the house.
while in the performance of his duty, the offender
commits direct assault without these aggravating ● The aggravating circumstances of dwelling requires
circumstances. that the crime be wholly or partly committed therein or
in any integral part thereof.
● Dwelling does not mean the permanent residence or

domicile of the offended party or that he must be the
owner thereof. He must, however, be actually living or
dwelling therein even for a temporary duration or
purpose.
50 People vs. Villamor

30

● It is not necessary that the accused should have actually (1) When both the offender and the offended party are
entered the dwelling of the victim to commit the occupants of the same house.
offence.
Exception: In case of adultery in the conjugal dwelling,
the same is aggravating. HOWEVER, if the paramour
● Even if the killing took place outside the dwelling, it is
also dwells in the conjugal dwelling, the applicable
aggravating provided that the commission of the crime aggravating circumstance is abuse of confidence.
began in the dwelling.
(2) When robbery is committed by the use of force upon
● Offended party must not give provocation in order to things, dwelling is not aggravating because it is
appreciate this circumstance. inherent.
(3) In the crime of trespass to dwelling, it is inherent or
● Dwelling may mean “temporary dwelling”.51 included by law in defining the crime.
(4) When the owner of the dwelling gave sufficient and
● The victim need not be the owner or occupant of the immediate provocation
dwelling where he was shot.52 (5) The victim is not a dweller of the house.
● Dwelling is not absorbed in treachery.

PAR 4:
(1) ABUSE OF CONFIDENCE; OR
(2) OBVIOUS UNGRATEFULNESS
What aggravates the commission of the crime in one’s
dwelling:
Requisites of abuse of confidence: (TAF)53
(1) The abuse of confidence which the offended party
reposed in the offender by opening the door to him; or (1) That the offended party had trusted the offender.
(2) The violation of the sanctity of the home by trespassing (2) That the offender abused such trust by committing a
therein with violation or against the will to the owner. crime against the offended party; and
Dwelling was found aggravating in the following cases (3) That the abuse of confidence facilitated the commission of
although the crime was committed NOT in the dwelling of the crime.
the victim:
NOTE:
(1) The victim was raped in the boarding house where she Abuse of confidence is inherent in malversation [Art.
was a bed spacer, but not in her room. 217], qualified theft [Art. 310], estafa by conversation or
misappropriation [Art. 315], and qualified seduction
(2) The victims were raped in their paternal home where [Art. 337].
they were guests.
NOTE: Requisites of obvious ungratefulness:

The Revised Penal Code speaks of “dwelling” NOT domicile. (1) That the offended party had trusted the offender;
(2) That the offender abused such trust by committing a

Meaning of provocation in the aggravating circumstance of crime against the offended party;
dwelling:
The provocation must be: (3) That the act be committed with obvious ungratefulness.
(1) Given by the owner of the dwelling
(2) Sufficient, and ● The ungratefulness contemplated by the said paragraph

must be such obvious, clear and manifest gratitude on
(3) Immediate the part of the accused.
● If all of these conditions are present, it is NOT an

aggravating circumstance.
Dwelling is NOT aggravating in the following cases:

51 People vs. Badilla
52 People vs. Balansi, 187 SCRA 566 53 People v. Caliso, 59 PHIL 283

31

PAR 5: ● When present in the same case and their elements are
(1) IN THE PALACE OF THE CHIEF EXECUTIVE; OR distinctly palpable and can subsist independently, they
shall be considered separately.
(2) IN HIS PRESENCE; OR
● Not applicable when the mitigating circumstances of
(3) WHERE PUBLIC AUTHORITIES ARE ENGAGED IN passion or obfuscation or sufficient provocation are
present in the commission of the crime.
THE DISCHARGE OF THEIR DUTIES; OR
● Nighttime, uninhabited place or band are aggravating
(4) IN A PLACE DEDICATED TO RELIGIOUS when:
WORSHIP.
A. It facilitated the commission of the crime; or
● Must be dedicated to public religious worship; private

chapels not included. B. Especially sought for by the offender to insure the
commission of the crime or for the purpose of
impunity; or
● There must be an intention to desecrate the place
dedicated to public religious worship. 54
C. The offender took advantage thereof for the
● The President or Chief Executive need not be in the
purpose of impunity.
Palace to aggravate the liability of the offender. As long
as he was present, and his presence is known to the
accused when he committed the crime. (1) NIGHTTIME (OBSCURIDAD)
● Except for the third which requires that official Nighttime, defined
functions are being performed at the time of the That period of darkness beginning at end of dusk and
commission of the crime, the other places mentioned ending at dawn. Nights are from sunset to sunrise.
are aggravating per se even if no official duties or acts
of religious worship are being conducted there. ● It is necessary that the commission of the crime
was begun and completed at nighttime and the
● Cemeteries are not considered as place dedicated to the accused took advantage of the nighttime.
worship of God.
● Offender must have intention to commit a crime when ● This circumstance may also be appreciated if the
he entered the place. crime happened at a dimly lit place, whether or
not it was actually nighttime or daytime.
● An electoral precinct or polling place during Election
Day is a place “where public authorities are engaged in ● When the place of the crime is illuminated by light,
the discharge of their duties”. nighttime is not aggravating.
Par. 5. Where public ● It cannot be applied when it is an accidental

Authorities are Engaged in meeting or a chance encounter.
Par. 2. Contempt or Insult to
the Discharge of their
Public Authorities
Duties
● Circumstances of nocturnity, although not
Public authorities are in the performance of their duties
Place where public duty is performed specially sought for, shall aggravate criminal
In their office Outside of their office liability if it facilitated the commission of the
The offended party offense or the offender took advantage of the same
May or may not be the public Public authority should not to commit the crime.
authority be the offended party.
● Lighting of matchstick or use of flashlights does no
PAR 6: negate appreciation of this circumstance. 55
(1) NIGHTTIME; OR
(2) UNINHABITED PLACE; OR General Rule: Nighttime is absorbed in treachery.
(3) BY A BAND Exception: Where both the treacherous mode of attack and
nocturnity were deliberately decided upon in the same case,
they can be considered separately if such circumstances have
different factual bases.

54 People vs. Jaurigue, 76 Phil. 174, 182 55 People vs. Berbal, et al.; People vs. Rogelio Soriano, et al.

32

crimes against property, crimes against persons,

illegal detention, and treason.
(2) UNINHABITED PLACE (DESPOBLADO)
● This aggravating circumstance is inherent in
Uninhabited Place, defined brigandage.
One where there are no houses at all; a place at a
considerable distance from town, or where the houses are
scattered at a great distance from each other. ● When the armed men met up casually with others,
and a crime was thereafter committed, it cannot be
● The determining factor for the existence of this considered as an aggravating circumstance.
circumstance is the reasonable possibility of the
victim receiving or securing aid from third PAR 7: ON THE OCCASION OF A CONFLAGRATION,
persons. SHIPWRECK, EARTHQUAKE, EPIDEMIC OR OTHER
CALAMITY OR MISFORTUNE.
● This should not be considered when the place ● The offender must take advantage of the calamity or
where the crime was committed could be seen and misfortune.
the voice of the deceased could be heard from a
nearby house.
● “Other calamity or misfortune”- refers to other
● It must be appear that the solitude of the place conditions of distress similar to those previously
where the crime was committed was sought in enumerated.
order to better attain the purpose.
PAR 8: WITH THE AID OF:
(1) ARMED MEN; OR
(3) BAND (EN CUADRILLA)
(2) PERSONS WHO INSURE OR AFFORD IMPUNITY.
Band, defined
Whenever more than three (meaning, at least four) Requisites:
armed malefactors shall have acted together in the (1) That armed men or persons took part in the
commission of an offense, it shall be deemed committed commission of the crime, directly or indirectly; and
by a band. (2) That the accused availed himself of their aid or
relied upon them when the crime was committed.
● The four armed persons contemplated in this
circumstance must ALL be principals by direct
● This requires that the armed men are ACCOMPLICES
participation who acted together in the execution who take part in that minor capacity directly or
of the acts constituting the crime. In this case, indirectly, and not when they were merely present at
conspiracy is presumed. the crime scene. Neither should they constitute a band,
for then the proper aggravating circumstance would be
● If one of them was a principal by inducement, the “by a band”.
aggravating circumstance of having acted with the
aid of armed men may be considered. When this aggravating circumstance shall NOT be
considered:
● It absorbs the aggravating circumstances of abuse (1) When both the attacking party and the party attacked
of superior strength and use of firearms (except were equally armed.
when the firearms has no license or there is a lack
of license to carry the firearms) if they are present (2) When the accused as well as those who cooperated with
in the commission of the crime. him in the commission of the crime acted under the
same plan and for the same purpose.
● This aggravating circumstance is NOT applicable
in crimes against chastity, but is considered in

33

Par. 8. “With the Aid Of

Par. 6. “By a Band”
● Mere moral or psychological aid or reliance is sufficient Armed Men”
to constitute this aggravating offense. As to their number
Requires more than three At least two
● If there are four armed men, aid of armed men is armed malefactors (i.e. at
absorbed in employment of a band. least four)
As to their action
● “Aid of armed men” includes “armed women”56 Requires that more than This circumstance is present
three armed malefactors even if one of the offenders
● Persons who insure or afford impunity must have or be shall have acted together in merely relied on their aid,
in a position of afford impunity (e.g. A judge) the commission of an for actual aid is not
offense. necessary.
As to their liability
PAR 9: RECIDIVIST
Band members are all Armed men are mere
principals. accomplices.
Recidivist (reincidencia), defined
One who, at the time of his trial for one crime shall have Also, judgment of conviction handed down on the same
been previously convicted by final judgment of another day shall be considered as only one conviction.
crime embraced in the same title of the Revised Penal Code.
● To prove recidivism, it is necessary to allege the same in
Note: the information and to attach thereto a certified copy of
A recidivist is entitled to the benefits of the indeterminate
the sentences rendered against the accused.
sentence law but is disqualified from availing credit of his
preventive imprisonment.
● Recidivism must be taken into account no matter how
Requisites: many years have elapsed between the first and second
(1) That the offender is on trial for an offense; felonies.
(2) That he was previously convicted by final judgment ● Even if the accused was granted a pardon for the first
of another crime;
offense, but he commits another felony embraced in the
(3) That both the first and the second offences are same title of the code, the first conviction is still counted
embraced in the same title of the code; to make him a recidivist since pardon does not
obliterate the fact of his prior conviction.
(4) That the offender is convicted of the new offense;
● There is no recidivism if the subsequent conviction is
“At the time of his trial for one crime”, meaning
for an offense committed before the offense involved in
It is meant to include everything that is done in the course of
the trial (from arraignment until after sentence is announced the prior conviction. (i.e. Crime 1 committed before
by the judge in open court.) Crime 2. Accused was convicted of Crime 2 first before
Crime 1. There is no recidivism.)
Judgment is considered final when:

(1) After the lapse of period for perfecting an appeal; When the accused is granted:
Pardon Amnesty
(2) When the sentence has been partially or totally served;
The first conviction is still The first offense is no
counted to make him a longer counted to make the
(3) Accused waived his right to appeal; recidivist. Pardon does not accused a recidivist. In the
obliterate the fact of his case of amnesty, it
(4) Accused applied for probation. prior conviction. theoretically considers the
previous transgressions as
not punishable. According
to article 89, amnesty
● In recidivism, it is sufficient that the succeeding offense
extinguishes the penalty
be committed after the commission of the preceding and all its effects.
offence PROVIDED that at the time of his trial for the
second offense, the accused had already been convicted Par 10: That the offender has been previously punished:
of the first offense. (1) For an offense to which the law attaches an equal or
greater penalty; or
● If both offenses were committed on the same date, they
shall be considered as only one; hence, they cannot be (2) For two or more crimes to which it attaches a lighter
separately counted in order to constitute recidivism. penalty.
Requisites of reiteracion or habituality:
56 People vs. Licop, 94 Phil 839 846

34

(1) That the accused is on trial for an offense; ● If without previous promise it was given voluntarily
after the crime had been committed, it should not be
(2) That he previously served sentence for another offense taken into consideration for the purpose of increasing
to which the law attaches an: the penalty.
A. Equal, or BAR 1998

B. Greater penalty, Four Forms of Repetition
Recidivism Where a person, on separate
Or for two or more crimes to which the law attaches a [Art. 14, par. 9] – occasions, is convicted of two
lighter penalty than that for the new offense; and
Generic Aggravating offenses embraced in the same
(3) That he is convicted of the new offense. Circumstance title in the RPC.
Reiteracion or Where the offender has been
Habituality [Art. 14, previously punished for an
● Since reiteracion provides that the accused has duly par. 10] – Generic offense to which the law attaches
served the sentence for his previous conviction/s, or is Aggravating an equal or greater penalty or for
legally considered to have done so, quasi-recidivism Circumstance two crimes to which it attaches a
cannot at the same time constitute reiteracion, hence lighter penalty.
this aggravating circumstance cannot apply to a quasi-
recidivist. Multi-recidivism or Where a person within a period of
Habitual delinquency ten years from the date of his
● If the same set of facts constitutes recidivism and [Art. 62, par. 5.] – release or last conviction of the
reiteracion, the liability of the accused should be Extraordinary crimes of serious physical injuries,
aggravated by recidivism which can easily be proven. Aggravating robbery, theft, estafa or
Circumstance falsification, is found guilty of the
Reiteracion Recidivism said crimes a third time or oftener.
As to the first offense Quasi-recidivism Where a person commits felony
It is necessary that the It is enough that a final [Art. 160] – Special before beginning to serve or while
offender shall have served judgment has been rendered Aggravating serving sentence on a previous
out his sentence for the first in the first offense.
Circumstance conviction for a felony.
offense.
As to the kind of offenses involved
The previous and Requires that the offenses be
subsequent offenses must included in the same title of ● The price, reward or promise need not consist of or
not be embraced in the same the code. refer to material things or that the same were actually
title of the Code. delivered.
As to frequency
Not always an aggravating Always to be taken into
● It is sufficient that the offer made by the principal by
circumstance. consideration in fixing the
penalty to be imposed upon inducement be accepted by the principal by direct
the accused. participation before the commission of the offense.
PAR 12: THAT THE CRIME BE COMMITTED BY MEANS

PAR 11: IN CONSIDERATION OF A PRICE, REWARD OF (FIPE-SAD)
OR PROMISE. (A) INUNDATION,
To consider this circumstance, the price reward or promise
must be the primary reason or primordial motive for the (B) FIRE,
commission of the crime.
(C) POISON,
When liability is Aggravated:
If Alleged as a General If Alleged as Qualifying (D) EXPLOSION,
Circumstance Circumstance
Only the liability of the Both the liability of the giver (E) STRANDING OF A VESSEL OR INTERNATIONAL
receiver is affected. and the receiver are affected. DAMAGE THERETO,
● There must be two or more principals, the one who (F) DERAILMENT OF A LOCOMOTIVE, OR
gave or offered the price or promise and the one who
accepted it, both of whom are principals.
(G) BY THE USE OF ANY OTHER ARTIFICE
INVOLVING GREAT WASTE AND RUIN.
● This appreciated in cases of principal by inducement.

35

Inundation, defined (3) The date and time when the crime was, committed, to
Refers to use of water, or causing the water to flood in the compute the lapse of time; and
commission of the offense.
(4) A sufficient lapse of time between the determination and
● When another aggravating circumstance already execution, to allow him to reflect upon the consequences of
qualifies the crime, any of these aggravating his act and to allow his conscience to overcome the
circumstances shall be considered as a generic resolution of his will.
aggravating circumstance only.
● Mere threats without the second element do not show
● When there is no actual design to kill a person in evident premeditation.
burning a house, it is plain arson even if a person is
killed. Had there been intent to kill, the crime ● Three hours or less can be considered as sufficient lapse
committed is murder, qualified by circumstance that the of time.
crime was committed “by means of fire”.
● Evident premeditation is presumed to exist when

● “Fire”, “explosion”, and “derailment of locomotive” conspiracy is directly established. 57
may be inherent in a particular crime, such as arson,
crimes involving destruction, and damages and
● Premeditation is absorbed by reward or promise but
obstruction to means of communication. In these cases,
only insofar as the inducer is concerned since he
they do not serve to increase the penalty.
obviously reflected thereon in planning the crime but
not the person induced since one can be a principal by
● Unless used by the offender as a means to accomplish a direct participation without the benefit of due
criminal purpose, any of the circumstances in this reflection.
paragraph cannot be considered to increase the penalty
or to change the nature of the offense, as opposed to
paragraph 7. ● Evident premeditation, while inherent in robbery, may
be aggravating in robbery with homicide if the
premeditation included the killing of the victim.
Rules as to the use of fire:
Act of the Accused Crime Committed ● It is a General Rule that evident premeditation is not
Intent was only to burn but Simple arson but with a applicable in error in personae or aberratio ictus, except if
somebody died as a result of specific penalty [Art. 326] there was a general plan to kill anyone to commit the
the fire crime preeditated.
If fire was used as a means to Murder
kill
If fire was used to conceal the Separate crimes of arson and
● Evident premeditation is compatible with the
killing murder/homicide mitigating circumstance of immediate vindication of a
relative for a grave offense.
Par. 12 “By Means of Par. 7 “On the Occasion of a

PAR. 14: THAT (CFD) BE EMPLYOYED
Inundation, Fire, etc.” Conflagration, Shipwreck, etc.”
(1) CRAFT,
The crime is committed The crime is committed on the (2) FRAUD, OR

by means of any such occasion of a calamity or
acts involving great misfortune wherein the offender (3) DISGUISE
waste or ruin. takes advantage of the said
circumstance.
Craft (astucia), defined
Involves the use of intellectual trickery or cunning on the
part of the accused to aid in the execution of his criminal
PAR 13: EVIDENT PREMEDITATION
design.
Requisites:
Fraud (fraude), defined
The prosecution must prove –
Insidious words or machinations used to induce the victim to
(1) The time when the offender determined to commit the
act in a manner which would enable the offender to carry out
crime;
his design.
(2) An act manifestly indicating that the culprit has clung to
his determination;

57 People vs. Sapigao, et al., GR No. 144975, June 18, 2003

36

● Craft and fraud may be absorbed in treachery if they ● When there are several offenders participating in the
have been deliberately adopted as the means, methods crime, they must all be principals by direct participation
or forms for the treacherous strategy, or they may co- and their attack against the victim must be concerted
exist independently.
Fraud Craft
The act of the accused done The act of the accused done
Disguise (disfraz), defined
in order to create a direct in order not to arouse the
Resorting to any device to conceal identity.
inducement by insidious suspicion of the victim
words or machinations. constitutes craft.
● The test of disguise is whether the device or contrivance
This is characterized by the intellectual or mental rather
resorted to by the offender was intended to or did make than the physical means to which the criminal resort to
identification more difficult, such as the use of a mask carry out his design
or false hair or beard. and intended to be so.
It is aggravating when: ● Abuse of superior strength is also present when the

A. The accused is not recognized because of his disguise.
offender uses a weapon which is out of proportion to
the defense available to the offended party.
B. The accused was masked, even though it fell off. 58
Not aggravating when:

● There is abuse of superior strength when a man attacks
A. In spite of the accused’s mask, he was nevertheless
a woman with a weapon. 61
objectively identifiable because his key facial features
are apparent.59
● In parricide against the wife, it is generally accepted
that the husband is physically stronger than the wife.62
B. When disguise is not purposely sought by the offender
to conceal his identity.
● Abuse of superior strength absorbs cuadrilla (band)
PAR 15:
(1) SUPERIOR STRENGTH; OR Note:
The means employed may amount to treachery when the
victim is not able to put up any sort of resistance.
(2) TO WEAKEN THE DEFENSE.
To deliberately use excessive
force that is out of proportion
Paragraph 15 enunciates two (2) aggravating circumstances Advantage be taken to the means for self-defense
either of which qualifies killing to murder. available to the person
attacked.63
The offender employs means
Means employed weaken
that materially weakens the
No advantage of superior strength in the following: defense
resisting power.
(1) One who attacks another with passion and obfuscation
does not take advantage of superior strength. Examples of “means employed to weaken defense”:
(1) Where one, struggling with another, suddenly throws a
cloak over the head of his opponents and while in this
(2) When a quarrel arose unexpectedly and the fatal blow
situation he wounds or kills him.
was struck at a time when the aggressor and his victim
were engaged against each other as man to man. (2) One who, while fighting with another, suddenly casts
sand or dirt upon the latter eyes and then wounds or kills
(3) When the attack was made on the victim alternately.60
him.
● In order to appreciate this circumstance, there must be

● This circumstance is applicable only to crimes against
notorious inequality of forces between the parties and
persons, and sometimes against persons and property,
the accused takes advantage of the same.
such as robbery with physical injuries or homicide.
● For abuse of superior strength, the test is the relative

strength of the offender and his victim.

61 People vs. Guzman
58 People vs. Piring 62 People vs. Galapia
59 People vs. Reyes 63 People vs. Lobrigas, et al, G.R. no 147649 December 17,
60 People vs. Narciso 2002

37

PAR. 16: TREACHERY (ALEVOSIA)

By Band Abuse of Superior Strength
TREACHERY, DEFINED
Appreciated when the The gravamen of abuse of
Present when the offender commits any of the crimes against
offense is committed by more superiority is the taking
persons, employing means, methods or forms in the
than three armed malefactors advantage by the culprits of
execution thereof which tend directly and specially to insure
regardless of the comparative their collective strength to
its execution, without risk to himself arising from the defense
strength of the victim or overpower their relatively
which the offended party might make.
victims. weaker victim or victims.
What is taken into account
Requisites of treachery:
here is not the number of
(1) That at the time of the attack, the victim was not in a
aggressors nor the fact that
position to defend himself; and
they are armed, but their
relative physical strength vis-
(2) That the offender consciously adopted the particular a-vis the offended party.
means, method, or form of attack employed by him. the aggression and at the time of the fatal wound was
inflicted on the deceased he was defenseless, the
circumstance of treachery must be taken into account.
● The TEST of treachery is not only the relative position
of the parties but, more specifically, whether or not the Treachery cannot be presumed
victim was forewarned or afforded the opportunity to
There is no treachery when:
make a defense or to ward off the attack.
(1) The crime is preceded by an altercation. (It is
impulsively done)
Rules regarding treachery:
(2) The crime is preceded by a warning from the accused.
(1) Applicable only to crimes against persons.
(The victim is given the opportunity to defend himself;
(2) Means, methods or forms need not insure thus, there is an absence of the 2nd requisite.)
accomplishment of crime.
(3) The mode of attack must be consciously adopted. ● An attack on the front of the victim does not
automatically negate treachery. The same goes with an
(4) Treachery is taken into account even if the crime against attack at the back.
the person is complexed with another felony involving
a different classification in the Code.
● There can be treachery in the following cases:
(5) The suddenness of attack does not, of itself, suffice to
support a finding of alevosia, even if the purpose was to (1) Directing the beam of flashlight on the face of the
kill, so long as the decision was made all of a sudden victim.66
and the victim’s helpless position was accidental.
(2) Victim is in the state of intoxication that he cannot
(6) Treachery must be appreciated in the killing of a child put up any sort of defense.67
even if the manner of attack is not shown.
(3) Victim is a child of tender age.
(7) Treachery is appreciated when the accused employed
means to render the victim defenseless before the
commission of the crime, or to eliminate the risk of Treachery should be considered even if:
defense on the part of the offended party.
(1) The victim was not predetermined but there was a
When must treachery is present: generic intent to treacherously kill any first two
● When the aggression is continuous, treachery must be persons belonging to a class. (The same rule
obtains for evident premeditation).
present in the BEGINNING of the assault.64
(2) There was aberratio ictus and the bullet hit a person
● When the assault was not continuous, in that there was different from that intended.
interruption, it is sufficient that treachery was present at
the moment the fatal blow was given.65 (3) There was error in personae, hence the victim was
not the one intended by the accused.
Hence, even though in the inception of the aggression
which ended in the death of the deceased, treachery Treachery absorbs:
was not present, if there was a break in the continuity of

64 People vs. Manalad, G.R. No. 128593, August 14, 2002 66 People vs. Pengol
65 U.S. vs. Baluyot, 40 Phil 385, 1919 67 People vs. Dacasin

38

(1) Craft Unlawful entry is inherent in:

(1) Robbery with the use of force upon things;
(2) Abuse of superior strength (2) Trespass to dwelling.
(3) Nighttime
PAR 19: BROKEN (WRFDW)
(4) Aid of armed men (1) WALL,
(5) Cuadrilla (“band”) (2) ROOF,
(6) Employing means to weaken the defense (3) FLOOR,

● Treachery cannot co-exist with passion or obfuscation.
68
(4) DOOR, OR
(5) WNDOW
Means to weaken
Treachery Superior Strength
defense
This circumstance is aggravating only in those cases where
Means, methods, or The offender does The offender, like
the offender resorted to any of said means TO ENTER the
forms of attack are not employ means, in treachery,
house.
employed by the methods, or forms employs means but
offender to make it of attack; he only the means
Par. 19 Par. 18
impossible or hard takes advantage of employed only
It involves the breaking Presupposes that there is
for the offended his superior materially weakens
(rompimiento) of the no such breaking as by
party to put up any strength. the resisting power
enumerated parts of the entry through the window.
sort of resistance. of the offender
house.
party.
● If the offender broke a window to enable himself to
PAR 17: IGNOMINY
reach a purse with money on the table near that
window, which he took while his body was outside of
IGNOMINY; DEFINED
A circumstance pertaining to the moral order, which adds the building, the crime of theft was attended by this
disgrace and obloquy to the material injury caused by the aggravating circumstance. It is not necessary that the
offender should have entered the building.
crime.
● Ignominy is inherent in libel and acts of lasciviousness. Where breaking of door or window is lawful:
(1) Rule 113, Section 11 of the Revised Rules of Criminal
Procedure (An officer, in order to make an arrest either
“which add ignominy to the natural effects thereof”,
meaning by virtue of a warrant, or without a warrant as
The means or the circumstances must tend to make the provided in section 5, may break into any building or
effects of the crime more humiliating to the victim or to put enclosure where the person to be arrested is or is
the offended party to shame, or add to his moral suffering.69 reasonably believed to be, if he is refused admittance
thereto, after announcing his authority and purpose)
● Injured party must not be dead when the act causing
ignominy was inflicted to him. (2) Rule 126, Section 7 of the Revised Rules of Criminal
Procedure (The officer, if refused admittance to the
Applicable to: place of directed search after giving notice of his
(1) Crimes against chastity,
purpose and authority, may break open any outer or
inner door or window of a house or any part of a house
(2) Less serious physical injuries,
or anything therein to execute the warrant or liberate
himself or any person lawfully aiding him when
(3) Light or grave coercion, and
unlawfully detained therein)
(4) Murder
PAR 20: THAT THE CRIME BE COMMITTED:
(1) WITH THE AID OF PERSONS UNDER FIFTEEN
PAR 18: AFTER AN UNLAWFUL ENTRY
YEARS OF AGE; OR
Unlawful entry, defined
When an entrance (and not for escape) is affected by a way (2) BY MEANS OF MOTOR VEHICLES, AIRSHIP, OR
not intended for the purpose. OTHER SIMILAR MEANS.

68 People vs. Pansensoy, GR No. 140634, Sept. 12, 2002 Two (2) different circumstances grouped in this paragraph:
69 People vs. Carmina, G.R. No. 81404, January 28, 1991) (1) With the aid of persons under fifteen years of age.

39

(2) By means of motor vehicles, airships, or other ● There is no cruelty when the series of acts causing
similar means. unnecessary suffering to the victim took place in rapid
succession.71
Use of motor vehicle is aggravating where the accused

● There must be appreciable time intervening between
purposely and deliberately used the motor vehicle in:
the infliction of one wound and that of another.72
(1) Going to the place of the crime; or
Ignominy (Par. 17) Cruelty (Par. 21)
(2) Carrying away the effects thereof; or Involves moral suffering Refers to physical suffering
(3) In facilitating their escape. Note:

Unlike with mitigating circumstances [Par. 10, Art. 13], there
is no provision for aggravating circumstances of a similar or
● If motor vehicle is used as a means to kill a person, it is analogous character. As such, the list is exclusive.
appreciated as qualifying circumstance.
Other Aggravating Circumstances Under Special Penal
Laws
● The use of motor vehicle must be purposely sought and
When a crime is committed
deliberately used for the commission of the crime; the by an offender who is under
use is not merely incidental. R.A 9165,
the influence of dangerous
Comprehensive
drugs, such state shall be
Dangerous Drugs Act
“or other similar means”, meaning considered as a qualifying
Of 2002
It should be understood as referring to motorized vehicles or aggravating circumstance.
other efficient means of transportation similar to automobile If homicide or murder is
or airplane. committed with the use of an
unlicensed firearm, such use
PAR 21: WRONG DONE IN THE COMMISSION OF THE of an unlicensed firearm shall
CRIME BE DELIBERATELY AUGMENTED BY CAUSING be considered as an
ANOTHER WRONG NOT NECESSARY FOR ITS aggravating circumstance
COMMISSION (CRUELTY). [Sec. 1, par. 3]
Use of Unlicensed
When a person commits any
Firearm
CRUELTY, DEFINED crime under the Revised
(PD No. 1866 as
When the culprit enjoys and delights in making his victims Penal Code or special laws
Amended by R.A,
suffer slowly and gradually, causing unnecessary physical with the use of explosives
8294)
pain in the consummation of the criminal act. including but not limited to
pillbox, Molotov cocktail
bombs, denotation agents or
Requisites: incendiary devices resulting
(1) That the injury caused be deliberately increase by causing in the death of a person, the
another wrong; and same is aggravating. [Sec. 3]
The maximum penalty shall
(2) That the other wrong be unnecessary for the execution of be imposed if the offense was
Organized/Syndicated
the purpose of the offender. committed by a person who
Crime Group under
belongs to an organized
R.A. 7659
Cruelty is inherent in: /syndicated crime group.
(1) Crimes against persons
(2) Mutilation
ORGANIZED /SYNDICATED CRIME GROUP, DEFINED
A group of two or more persons collaborating, confederating
● There must be positive proof that the wounds found on
or mutually helping one another for the purpose of gain in
the body of the victim were inflicted while he was still the commission of any crime. [Art. 23, R.A. 7659]
alive in order to unnecessarily prolong physical
suffering.
Specific Aggravating Circumstances
● Number of wounds alone does not show cruelty; it is (1) Violation of domicile (nighttime; papers and effects not
necessary to show that the accused deliberately and returned immediately)
inhumanly increased the sufferings of the victims.70
(2) Interruption of religious worship (violence or threats)

71 People vs. Beleno
70 People vs. Aguinaldo, 55 Phil. 610, 615-616 72 People vs. Dayug

40

(3) Direct Assault (offender lays hands upon a person in • Relationship by affinity survives the death of either
authority) party to the marriage which created the affinity. 73
(4) Grave threats (in writing; through a middleman) Relationship is mitigating in the following cases:
(1) In crimes against property, as a rule, relationship is
(5) Slavery (crime is committed to assign the victim to mitigating, by analogy to the provisions of Art. 332.
some immoral traffic)
● Thus, relationship is mitigating in the crimes of
(6) Robbery with violence against or intimidation of robbery [Arts. 294-302], usurpation [Art. 312],
persons (uninhabited place, band) fraudulent insolvency [Art. 314] and arson [Art.
321-322, 325-326].
EXCEPT: robbery with homicide or robbery with rape.
● Relationship is exempting in the crimes of theft,
(7) Robbery with force upon things (uninhabited place and
estafa, and malicious mischief. [Art. 332]
by a band)
(2) In crimes against persons
ALTERNATIVE CIRCUMSTANCES
• In cases where the offense committed is less
ALTERNATIVE CIRCUMSTANCES, DEFINED serious physical injuries or slight physical injuries,
Those which must be taken into consideration as aggravating
mitigating if the offended party is a relative of a
or mitigating according to the nature and effects of the crime
and the other conditions attending its commission. lower degree; and aggravating if the offended
party is a relative of a higher degree of the
The alternative circumstances are: offender.
(1) Relationship;
Relationship is aggravating in the following cases:
(2) Intoxication; and (1) In crimes against persons
(3) Degree of instruction and education of the offender. It is aggravating where:

● The offended party is a relative of a higher
Relationship degree than the offender; or
The alternative circumstances of relationship shall be taken
into consideration when the offended party is the:
(1) Spouse, ● When the offender and the offended party are
relatives of the same level (e.g. Brothers)
(2) Ascendant,
In physical injuries:
(3) Descendant, A. It is aggravating when the crime against persons
is serious physical injuries [Art. 263], even if the
(4) Legitimate, natural, or adopted brother or sister, or offended party is a descendant of the offender.
But the serious physical injuries must not be
(5) Relative by affinity in the same degree of the offender. inflicted by a parent upon his child as excessive
chastisement.
Other relatives included: B. It is aggravating when the offense committed is

● The relationship of stepfather or stepmother and less serious physical injuries or slight physical
injuries, if the offended party is a relative of a
stepson or stepdaughter.
higher degree of the offender.
• When the crime is homicide or murder,

● The relationship of adopted parent and adopted child.
relationship is aggravating even if the
Adoption refers only to brothers and sisters but not to
victim of the crime is a relative of a lower
the adopting parents.
degree.
BAR 2011 • In rape, relationship is aggravating where

● But the relationship of uncle and niece is not covered by a stepfather raped his stepdaughter or in a
any of the relationship mentioned.
●

Intestate Estate of Marcelita Gonzales Vda De Carungcong
73
vs. People

41

case where a father raped his own ● In order for lack of education or instruction to be
daughter. appreciated as mitigating, the offender must not
have reached the first grade of elementary school.74
(2) In crimes against chastity, like acts or lasciviousness [Art.
336], relationship is always aggravating, regardless of ● The mitigating circumstance of lack of sufficient
whether the offender is a relative of a higher or lower degree instruction cannot be justified if accused is a city
of the offended party. resident and even knows how to sign his name.75
• When the qualification given to the crime is General Rule: Lack of sufficient education is mitigating.
derived from the relationship between the
offender and the offended party, it is neither Exceptions:
mitigating nor aggravating, because it is (1) Crimes against property
(2) Crimes against chastity;
inseparable from and inherent in the offense.
(3) Treason
(e.g. parricide, adultery, and concubinage). (4) Murder; and
(5) Rape. 76
• The relationship always qualifies the crime
first; thus, other aggravating circumstances,
generic or qualifying, are given the effect of
ABSOLUTORY CAUSE
ordinary aggravating circumstance.

When intoxication is mitigating and when it is aggravating: ABSOLUTORY CAUSES, DEFINED
Mitigating Aggravating
• The presumption is that intoxication is accidental, not
If intoxication is not habitual If intoxication is habitual
habitual. If the offender did not use If the offender did use
intoxication as a stimulant intoxication as a stimulant
to commit a crime or to commit a crime or
To be entitled to the mitigating circumstance of suffocate any remorse. suffocate any remorse.
intoxication, it must be shown: Causes which, for reasons of public policy and sentiment,
prevent penalty from being imposed for an act which would
(1) That at the time of the commission of the criminal act, ordinarily result in criminal liability.
the accused has taken such quantity of alcoholic drinks
as to blur his reason and deprive him of a certain degree Examples of absolutory causes:
of control; and (1) Spontaneous desistance [Art.6]
(2) Attempted or frustrated light felonies [Art.7]

(2) That such intoxication is neither habitual nor used a
stimulant to commit the felony or suffocate remorse. (3) Accessories who are exempt from criminal liability
by reason or relationship [Art. 20] and in light
Habitual Drunkard, defined felonies
One given to intoxication by excessive use of intoxicating
drinks. (4) Slight of less nervous physical injuries inflicted
under exceptional circumstances [Art. 247]
● To be mitigating, the accused’s state of intoxication
must be proved. Once intoxication is established by (5) Person exempt from criminal liability for theft,
satisfactory evidence, in the absence of proof to the swindling and malicious mischief [Art. 332]
contrary, it is presumed to be non-habitual or
unintentional. (6) Instigation
(7) Trespass to dwelling when the purpose of entering

Instruction or Education another’s dwelling against the latter’s will is to
As an alternative circumstance, it does not only refer to prevent some serious harm to himself, the
literacy but more to the level of intelligence of the accused. occupants of the dwelling or a third person, or for
the purpose of rendering some service to
● Refers to the lack of sufficient intelligence and humanity or justice, or when entering cafes,
knowledge of the full significance of one’s acts. taverns, inns and other public houses, while the
same are open [Art. 280, par. 2]
● Low degree of instruction and education or its lack
thereof is generally mitigating. High degree of
instruction and education is aggravating only
when the offender took advantage of his learning 74 People vs. Limaco; People vs. Luna
in committing the crime.
75 People vs. Cabrito
76 Malesa vs. Director of Prison, 59 Phil. 406, 408

42

(8) Marriage of the offender and the offended party in (4) Accessories are not liable for light felonies, even if they
cases of seduction, abduction, acts of are committed against persons or property.([Art. 16,
lasciviousness and rape [Art. 344) RPC)
(9) Adultery and concubinage if the offended party

shall have consented or pardoned the offenders. Two parties in all crime:
[Art. 344] (1) Active subject (the criminal)
(10) Legal Ground for arbitrary detention. [Art. 124] ● Art. 16 enumerates the active subjects of the crime
● Entrapment is NOT an absolutory cause.
● Only natural persons can be the active subject of
● A buy-bust operation conducted in connection with the crime because of the highly personal nature of
illegal drug-related offenses is a form of entrapment. the criminal.
● As a rule, juridical persons cannot be held

● If the one who made the instigation is a private
criminally liable, though they may be subject to
individual, not performing public function, both
he and the one induced are criminally liable for the fines under the appropriate laws. [Aquino, p.13]
crime committed: the former, as principal by
induction; and the latter, as principal by direct
participation. Reasons:
A. The RPC requires that culprits act with
● There is neither instigation nor entrapment when personal malice or negligence, artificial
the violation of the law is simply discovered.
Entrapment Instigation
PERSONS LIABLE AND DEGREE OF
Measures are resorted to for Instigator induces the
PARTICIPATION the capture of lawbreaker would-be accused to
in the execution of his commit the crime, hence he
PRINCIPALS, ACCOMPLICES AND ACCESSORIES criminal plan becomes a co-principal
The means of committing The law enforcer conceives
the crime originates from the commission of the
For grave and less grave felonies the mind of the criminal. crime and suggests to the
(1) Principal accused who adopts the
(2) Accomplices idea and carries it into
(3) Accessories execution.
Not a bar to the prosecution It will result in the acquittal
For light felonies:
and conviction of the of the accused.
(1) Principal
lawbreaker.
(2) Accomplices
persons cannot act with malice or negligence.
• Punishable ONLY WHEN consummated.
B. A juridical person like a corporation cannot
• Accessories are NOT liable for light felonies. commit a crime that requires willful purpose
or malicious intent.
• The classification of the offenders as principal,
accomplice or an accessory is essential under the RPC. C. There is substitution of deprivation of liberty
for pecuniary penalties in case of insolvency
• The classification may be applied to special laws only if of the accused.
the latter provides for the same graduated penalties as
those provided under the RPC. D. Other penalties can be executed only against
individuals only.
Rules relative to light felonies:
(1) Light felonies are punishable only when they have been
consummated. (Art. 7, RPC) (2) Passive subject (the injured party)
(2) But when light felonies are committed against persons ● The holder of the injured right: the man, the
or property, they are punishable even if they are only in juristic person, the group, and the State.
the attempted or frustrated stage of execution. (Art. 7,
RPC) ● Corporation and partnership can be a passive
subject of a crime.
(3) Only principals and accomplices are liable for light
felonies. (Art. 16, RPC)
● The dead and animals cannot be passive subjects
because they have no rights that may be injured.

43

Exception: Under Art. 253, the crime of ● In cases of implied conspiracy, the liability of a
defamation may be committed if the imputation conspirator for acts performed by his co-
tends to blacken the memory of one who is dead. conspirators before he joined the conspiracy
depends on the nature of those acts, thus:
● This article applies only when the offenders are to
be judged by their individual, and not collective, ● If the anterior acts were the beginning of a
liability. felony which was consummated after he
joined the conspiracy, he is liable for these
● Classification of offenders is not necessary when anterior acts; and
there is conspiracy. The act of one is the act of all.
● If those prior acts were separate felonies and
Principal by Principal by
Principal by
Direct Indispensable
PRINCIPALS BY DIRECT PARTICIPATION Induction
Participation Cooperation
Those who take a Those who Those who
Requisites: direct part in the directly force or cooperate in the
(1) That they participated in the criminal resolution; and execution of the induce others to commission of
(2) That they carried out their plan and personally took part act. commit it. the offense by
in its execution by acts which directly tended to the same another act
without which it
end.
would not have
been
● When the second requisite is lacking, there is only accomplished.
conspiracy. unilateral to those committed after his joining
the conspiracy, he is not liable for hose
(1) “That they participated in the criminal preceding acts.
resolution”
● It is well-settled that a person maybe convicted for ● In the absence of conspiracy, each of the accused is
the criminal acts of another when there has been responsible only for the consequences of his acts.
conspiracy or unity of purpose and, intention in
the commission of the crime charged between ● Conspiracy is presumed when crime is committed
them. by a band.
To be a party to a conspiracy, one must have the ● Conspiracy does not presuppose evident
intention to participate in the criminal transaction premeditation.
with a view to the furtherance of the common
design and purpose. [Reyes] ● A conspirator is not liable for another’s crime
when it is neither an object of the conspiracy nor a
● Conspiracy may be express or implied. necessary and logical consequence thereof. [Art. 4]
Exception: Robbery by a band [Art. 296]

Doctrine of implied conspiracy
If it is proved that two or more persons aimed, by their
Exception to the exception: If it is shown that he
acts, at the accomplishment of the same unlawful
object, each doing a part so that their acts, though attempted to prevent the occurrence of the act
apparently independent, were in fact connected that is not an object to the conspiracy.
and cooperative, indicating a closeness of personal
association and concurrence of sentiment, a • When there is conspiracy, the fact that an element
conspiracy may be inferred though no actual of the offense is not present as regards one of the
meeting among them to concert ways and means is conspirators is immaterial.
proved.77
● Direct participation is necessary. Exception: Art. 62(3) and (4). (i.e. relationship,
treachery, etc.) – Aggravating circumstances which
Exception: Persons not in the scene of the crime are purely personal to one would not affect the
(i.e. leaders, masterminds, prime movers) others.
(2) “That they carried out their plan and personally

● Formal agreement or previous acquaintance
between persons is not necessary in conspiracy. took part in its execution by acts which directly
tended to the same end.”
General Rule: The principal must be at the scene of the

crime, personally taking part in its execution.
77 People v. Mateo, Jr.

44

Exceptions:
(1) Leaders Two ways of becoming a principal by Inducement:
(2) Masterminds (1) By directly forcing another to commit a crime by:
(3) Prime movers
(4) Co-conspirators who has already performed their A. Using irresistible force.
part of the crime.
Irresistible Force, defined
In conspiracy by prior agreement, the principal by direct Such physical force as would produce an effect
participation who does not appear at the scene of the crime is upon the individual that in spite of all resistance, it
NOT liable because: reduces him to a mere instrument.
(1) His non-appearance is deemed desistance which is B. Causing uncontrollable fear.

favored and encouraged.
Uncontrollable Fear, defined
(2) Conspiracy is generally not a crime unless the law Compulsion by means of intimidation or threat
specifically provides a penalty therefore. (Art 8) Thus, that promises an evil of such gravity and eminence
by merely conspiring, they would be participator has that the ordinary man would have succumbed to
not yet committed any crime unless he would appear at it.78
the scene of the crime and perform any act directly or
indirectly in the accomplishment of the conspiracy. • In these cases, there is no conspiracy, not
even a unity of criminal purpose and
(3) There is no basis for criminal liability because there is intention. Only the one using the force or
no criminal participation. causing the fear is criminally liable. The
material executor is not criminally liable
“personally took part in its execution” meaning because of Art. 12, pars. 5 and 6 (exempting
That the principal by direct participation must be at the circumstances).
scene of the commission of the crime, personally taking part
in its execution except when there is conspiracy and the (2) By directly inducing another to commit a crime by:
principal by direct participation has already performed his
part prior to the actual commission of the crime. A. Giving of price, or offering of reward or promise.
The one giving the price or offering the

PRINCIPALS BY INDUCTION reward or promise is a principal by
inducement while the one committing the
Requisites: crime in consideration thereof is a principal
(1) That the inducement be made directly with the by direct participation. There is collective
intention of procuring the commission of the crime; and criminal responsibility.
(2) That such inducement is the determining cause of the B. Using words of command
commission of the crime by the material executor.
The person who used the words of command
• One cannot be held guilty of having instigated the is a principal by inducement while the person
commission of the crime without first being shown that who committed the crime because of the
the crime was actually directly committed (or attempt) words of command is a principal by direct
by another. participation. There is also collective criminal
responsibility.
Thus, there can be NO principal by inducement (or by
indispensable cooperation) unless there is a principal by Requisites:
direct participation. But there can be a principal by • That the one uttering the words of command
direct participation without a principal by inducement must have the intention of procuring the
(or by indispensable cooperation). commission of the crime;
• This inducement must be the determining cause of the • That the one who made the command must
commission of the crime by the principal by direct have an ascendancy or influence over the
participation; without such inducement, the crime person who acted;
would not have been committed.
• The words used must be so direct, so
• The inducement must precede the act and must be so efficacious, so powerful as to amount to
influential; hence if there is a price or reward involved, physical or moral coercion (this requirement
without prior promise, there can be no inducement. does not apply to inducing another to commit
a crime with the giving or offering of a price,
• If the crime committed is not contemplated in the order reward or promise);
given, inducement is not material and not the
determining cause thereof.

78 U.S. vs. Elicanal, 35 Phil 209, 212, 213, 1916

45

• Cooperation must be indispensable.

• The words of command must be uttered prior • If dispensable, accused is only an accomplice.
to the commission of the crime; and • If cooperation is necessary in the execution of the
offense, accused is considered as a principal by
• The material executor of the crime has no direct participation.
personal reason to commit the crime.
The term “cooperation in the commission of the
• If the person who actually committed the offense,” involves acting with the desires or wishes of
crime had reason of his own to commit the the Principal by Direct Participation.
crime, it cannot be said that the inducement
was influential in producing the criminal act.
Collective criminal responsibility
This is present when the offenders are criminally liable
Offender who made
Principal by in the same manner and to the same extent. The penalty
Proposal to commit a
Inducement to be imposed must be the same for all.
Felony
In both • Principal by direct participation have collective criminal
There is an inducement to commit a crime responsibility.
When liable
Becomes liable only when The mere proposal to • Principals by induction, except those who directly
the crime is committed by commit a felony is forced another to commit a crime, and principals by
the principal by direct punishable in treason or direct participation have collective criminal
participation. rebellion. However, the responsibility.
person to whom the
proposal is made should not • Principals by indispensable cooperation have collective
commit the crime; otherwise, criminal responsibilities with the principal by direct
the proponent becomes a participation.
principal by inducement.
What kind of crime involved
Involves any crime The proposal to be Individual criminal responsibility
punishable must involve In the absence of any previous conspiracy, unity of criminal
only treason, rebellion, purpose and intention immediately before the commission of
insurrection or coup d’ etat. the crime, or community of criminal design, the criminal
responsibility arising from different acts directed against one
Effects of acquittal of principal by direct participation and the same person is individual and not collective, and
upon liability of principal by inducement: each of the participants is liable only for the act committed
(1) Conspiracy is negated by the acquittal of co-defendant. by him.79
(2) One cannot be held guilty of having instigated the ACCOMPLICES

commission of a crime without first being shown that
the crime has been actually committed by another. ACCOMPLICES; DEFINED
Persons who, not acting as principals, cooperate in the
• But if the one charged as principal by direct execution of the offense by previous and simultaneous acts,
participation is acquitted because he acted without which are not indispensable to the commission of the crime
criminal intent or malice, his acquittal is not a ground (Art. 18, RPC).
for the acquittal of the principal by inducement.
They act as mere instruments who perform acts not essential
to the perpetration of the offense.
PRINCIPAL BY INDISPENSABLE COOPERATION
Requisites:
(1) That there be community of design; that is, knowing
Requisites: the criminal design of the principal by direct
(1) Participation in the criminal resolution, that is, there is participation, he concurs with the latter’s purpose;
either prior conspiracy or unity of criminal purpose and
intention immediately before the commission of the crime (2) That he cooperates in the execution of the offense by
charged; and previous or simultaneous acts, with the intention
• Requires participation in the criminal resolution of supplying material or moral aid in the execution
• There must be conspiracy of the crime in an efficacious manner; and
• Concurrence is sufficient.
• Cooperation is indispensable. (3) That there be a relation between the acts done by
the principal and those attributed to the person
(2) Cooperation in the commission of the offense by charged as an accomplice.
performing another act without which it would not have
been accomplished.
79
U.S. v. Magcomot

46

Note: They are merely instruments They are the authors of a

• An accomplice is not in conspiracy with the principal by who perform acts not essential crime.
direct participation; otherwise, he becomes a co- to the perpetration of the
principal. offense.
Principal by Indispensable
Accomplice
An accomplice acquires knowledge of the criminal design Cooperation
of the principal when: Cooperation must be Cooperation must be
(1) The principal informs or tells the accomplice of the dispensable. indispensable.
former’s criminal purpose.
Cooperates in the execution Has participation in the
(2) The accomplice sees the criminal acts of the principal. of the offense by previous criminal resolution, that is,
or simultaneous acts, with there is either anterior
• The community of design need not be to commit the the intention of supplying conspiracy or unity of
crime actually committed. It is sufficient if there was a material or moral aid in the criminal purpose and
common purpose to commit a particular crime and that execution of the crime in an intention immediately before
the crime actually committed was a natural and efficacious way. the commission of the crime
probable consequence of the intended crimes. charged.
• Cooperation of accomplice is only beneficial, not There must be conspiracy

indispensable. There must be no between the principals liable
conspiracy between
• Previous or simultaneous acts can be through oral principals and accomplices.
support or moral aid through advice, encouragement,
or agreement, provided that is it not the determining
cause of the commission of the crime of the principals.80 ACCESSORIES; DEFINED
Persons who:
• An accomplice may be held liable for a crime different (1) Having knowledge of the commission of the crime; and
from that which the principal committed by application
of aggravating and mitigating circumstances in relation (2) Without having participated therein either as principals
to Art. 62(3) and (4). or accomplices, take part subsequent to its commission
in any of the following acts:
• Where the accused acted in a dispensable manner,
jurisprudence has held them liable as accomplices, even A. By profiting them or assisting the offender to profit
if they were co-conspirators, in view of the rule in favor by the effects of the crime;
of “milder liability.”81
1. In profiting through the effect of the crime,
• Before there could be an accomplice, there must be a the accessory must receive the property from
principal by direct participation. the principal. He should not take it without
the consent of the principal. If he took it
• One can be an accomplice even if he did not know of without the consent of the principal, he is not
the actual specific crime intended to be committed by an accessory but a principal of the crime of
the principal, provided he was aware that the objective theft.
of the acts he was tasked to do was illicit.
2. Knowledge of the commission of the crime
• The person charged as an accomplice should not have after acquisition of stolen property is
inflicted a mortal wound. If he inflicted a mortal sufficient.
wound, he becomes a principal by direct participation.
3. Mere suspicion that a crime has been
• In case of doubt, the participation of the offender will be committed is not enough.
considered that of an accomplice rather than that of a
B. By concealing or destroying the body, effects or
principal.
instruments of the crime to prevent its discovery;
Accomplice Conspirator
“Body of the crime”
They know and agree with the criminal design.
is equivalent to corpus delicti.
They come to know about the They come to know the
same after the principals have criminal intention because
1. There must be an attempt to hide the body of
reached the decision, and only they themselves have
the crime such as burying the cadaver and/or
then do they agree to decided upon such course
cooperate in its execution. of action. concealing or destroying the effects of or the
instruments of the crime to prevent its
discovery.
80
Otherwise, the accomplice becomes a principal by
inducement. Requisites:
81
People v. Anin, 1975

47

(1) The fact that the crime was committed; was not held liable, because of an exempting
and circumstance [Art. 12], such as insanity or
(2) The participation of the offender in the minority.
commission of the crime.
• Neither the letter nor the print of the law requires
• What is concealed is the body of the that the principal be convicted before one may be
crime, not the accused. punished as an accessory. As long as the corpus
delicti is proven and the accessory’s participation
(3) By harboring, concealing, or assisting in as such is shown, he can be held criminally
the escape of the principal of the crime, responsible and meted out the corresponding
provided the accessory acts with abuse penalty. 82
of his public functions or whenever the
author of the crime is guilty of treason, • The prescribed acts of the accessory under par. 2
parricide, murder, or an attempt to take must have been intended to prevent the discovery
the life of the Chief Executive, or is of the crime; hence, mere silence is NOT
known to be habitually guilty of some punishable.
other crime (Art. 19, RPC)
Exceptions:
a. if, however, the crime involved is conspiracy to
Two classes of accessories contemplated in paragraph 3 of commit treason, his silence may hold him liable for
Art. 19: misprision of treason [Art. 116] but as a principal
thereof.
(1) Public officers, who harbor, conceal or assist in the escape
of the principal of any crime (not light felony) with abuse of b. Committing the acts of knowingly concealing evil
his public functions. practices as enumerated in Art. 142 makes the
accomplice also punishable as a principal in
Requisites: inciting to Sedition [Art. 142].
• The accessory is a public officer;
• He harbors, conceal, or assist in the escape of the 1. Where the accused misleads the authorities by
principal; giving them false information, such act is
• The public officer acts with abuse of his public equivalent to concealment and he should be held
functions; and as an accessory.
• The crime committed by the principal is any crime,
provided it is not a light felony.
PD 1612: ANTI-FENCING LAW OF 1979
(2) Private persons, who harbor, conceal or assist in the Fencing, defined
escape of the author of the crime who is guilty of treason, An act, with intent to gain, of buying, selling, receiving,
parricide, murder, or attempts against the life of the Chief processing, keeping, or in any other manner dealing in
Executive (President), or who is known to be habitually anything of value which a person knows or should have
guilty of some other crime. known to be derived from the proceeds of the crime of
robbery or theft.
Requisites:
• The accessory is a private person; Fence, defined
• He harbors, conceal or assists in the escape of the Any person, firm, association, corporation, partnership or
author of the crime; and The crime committed by other organization, who/which commits the act of fencing. A
the principal is either: fence who receives stolen property as above-provided is not
A. Treason; an accessory but a principal in the crime defined in and
B. Parricide; punished by the Anti-Fencing Law.
C. Murder;
D. An attempt against the life of the President; • Mere possession of anything of value which has been
the subject of robbery or theft shall be prima facie
OR that the principal is known to be evidence of fencing, which will create a rebuttable
habitually guilty of some other crime. presumption of fencing.
• Where the alleged principal is acquitted due to OBSTRUCTION OF JUSTICE (P.D. NO. 1829)
insufficiency of evidence as to the corpus delicti of
the crime, it is neither proper nor possible to PD 1829: PENALIZING OBSTRUCTION OF
convict the defendant as an accessory. APPREHENSION AND PROSECUTION OF CRIMINAL
OFFENDERS
General Rule: The responsibility of the accessory is
subordinate to that of the principal in a crime. P.D. 1829 penalizes the act of any person who knowingly or
willfully obstructs, impedes, frustrates or delays the
• HOWEVER, conviction of an accessory is possible
notwithstanding the acquittal of the principal, if
the crime was in fact committed, but the principal 82 Inovero vs. Coronel, CA, 65 O.G. 3160

48

apprehension of suspects and the investigation and PENALTY, DEFINITION

prosecution of criminal cases. The suffering that is inflicted by the State for the
transgression of a law.
• The act enumerated under this decree are
commonly referred to as ‘OBSTRUCTION OF Different juridical conditions of penalty: (P2C3EL)
JUSTICE.” It penalizes, inter alia, the act of (1) Must be productive of suffering without however
harboring or concealing, or facilitating the escape affecting the integrity of the human personality
of any person he knows or has reasonable ground
to believe or suspect, has committed any offense (2) Must be commensurate with the offense-different crime
under existing penal laws in order to prevent his must be punished with different penalties
arrest, prosecution and conviction. Here, he shall
be punished as a principal in the crime of (3) Must be personal – no one should be punished for the
obstruction of justice. crime of another
Art. 19. RPC P.D. 1829 (4) Must be legal – it is the consequence of a judgment
The principal who was assisted The person who was according to law
committed only any of the assisted committed any
enumerated felonies (MAPHaT) crime. (5) Must be certain– no one may escape its effect
unless the accessory is a public
officer who acts with abuse of (6) Must be equal for all
public functions.
The crime committed by the The crime committed (7) Must be correctional
principal must be under the RPC. by the principal is
punishable under any
existing penal law, Three-fold purpose of penalty under RPC:
including the RPC. (1) Retribution or expiation
The person who gave assistance is The person who gave (2) Correction or reformation
punished as an accessory in the assistance is punished (3) Social defense
offense committed by the as a principal in the
principal. crime of obstruction of
justice. Constitutional restriction on penalties
The Constitution directs that “excessive fines shall not be
imposed, nor cruel and unusual punishment inflicted.” (Sec.
Art. 20, RPC – Accessories exempt from liability 19 [1], Art. 3)
The exemption provided for in this article is based on the ties
of blood and the preservation of the cleanliness of one’s
name, which compels one to conceal crimes committed by Art. 21, RPC – Imposable penalties
relatives so near as those mentioned in this article.
A felony shall be punishable only by the penalty prescribed
An accessory is exempt from criminal liability when the by law AT THE TIME OF ITS COMMISSION.
principal is his/her – (SADL)
(1) Spouse, or • It has no application to any of the provisions of the RPC
(2) Ascendant, or for the reason that, for every felony defined in the Code,
(3) Descendant, or a penalty has been prescribed. [Reyes]
(4) Legitimate, natural or adopted brother, sister or relative
by affinity within the same degree. • This article can be invoked when a person is being tried
for an act or omission for which no penalty has been
Accessory is NOT exempt from criminal liability even if prescribed by law.
the principal is related to him, if such accessory:
(1) Profited by the effects of the crime, or
(2) Assisted the offender to profit by the effects of the Art. 22, RPC – Retroactivity of Penal laws
crime.
General Rule: Penal law is applied prospectively.
• The public officer contemplated in par. 3 of Art. 19
is exempt by reason of relationship to the Exception: When retroactive application will be favorable to
principal, even if such public officer acted with the person guilty of a felony, provided that:
abuse of this official functions.
• The offender is NOT a habitual criminal
Note: (delinquent) under Art. 62(5);
The benefits of the exception in Art. 20 do not apply to
P.D. 1829. • The new or amendatory law does NOT prohibit its
retroactive application.
PENALTIES
Habitual delinquent, defined

49

A person who, within a period of ten years from the date of a. The principle that criminal statutes are retroactive so far
his release or last conviction of the crimes of serious or less as they favor the culprit does not apply to the latter's
serious physical injuries, robbery, theft, estafa, or falsification civil liability, because the rights of offended persons or
(FRETSeL), is found guilty of any said crimes a third time or innocent third parties are not within the gift of arbitrary
oftener. disposal of the State.
Ex post facto law, defined Criminal liability under the repealed law subsists:
A law which makes criminal an act which, when committed,
was not a crime. • When the provisions of the former law are
reenacted; or if the offenses are still punishable in
An ex post facto law is one which: the repealing penal law;
• Makes an innocent act done before the passage of
the law criminal; • When the repeal is by implication; or
• Aggravates a crime, or makes it greater than it When there is a repeal of the repealing law, which
was, when committed; revives the prior penal law, unless the language of
• Changes the punishment and inflicts a greater the repealing statute provides otherwise.
punishment than that provided by the law
annexed to the crime when committed; • When there is a saving clause.
• Alters the legal rules of evidence, and authorizes Note:

conviction upon a less or different testimony than The new law which increases the civil liability of the accused
the law required at the time of the commission of cannot be given retroactive effect.
the offense;
• Assumes to regulate civil rights and remedies BAR 2011

only, in effect imposing a penalty or deprivation of • When the repeal is absolute, the offense ceases to be criminal.
a right for something which when done was 84 The pending case charging the accused of the repealed
lawful; and crime is to be dismissed.
• Deprives a person accused of a crime of some

lawful protection to which he has become entitled,
Note:
such as the protection of a former conviction or
No retroactive effect of penal law as regards jurisdiction of
acquittal, or a proclamation of amnesty.
court. The jurisdiction of the court to try a criminal action is
to be determined by the law in force at the time of instituting
If retroactive effect of a new law is favorable to the
the action, not at the time of the commission of the crime.
defendant, it shall apply to him even if he is:
Jurisdiction of courts in criminal cases is determined by the
(1) Presently on trial for the offense;
allegations of the complaint or informant, and not by the
(2) Has already been sentenced but service of which has
findings the court may make after trial.85
not begun; or
(3) Already serving sentence.
Art. 23, RPC – Effect of pardon by offended party
• The exception applies to a law dealing with the
General Rule: Pardon by the offended party does NOT
prescription of a crime.
extinguish the criminal liability of the offender.
• The retroactive effect of criminal statutes does not (1) In criminal cases, the intervention of the aggrieved
apply to the culprit’s civil liability, regardless of it parties is limited to being witnesses for the prosecution.
being favorable or unfavorable
(2) Compromise upon the civil liability arising from an
• No retroactive effect even when favorable to the offense may be had; but such compromise shall not
accused if the new law is expressly made extinguish the public action for the imposition of the
inapplicable to pending actions or existing causes legal penalty. (Art. 2034, Civil Code)
of action.83
(3) A contract stipulating for the renunciation of the right
• The provisions of Art. 22 are applicable even to to prosecute an offense or waiving the criminal liability
special laws which provide more favorable is VOID. [Arts. 1306, 1352, 1409, Civil Code]
conditions to the accused.
Exception:
Not applicable to civil liability Pardon by the offended party will bar criminal prosecution
in the following crimes:

83 Tavera vs. Valdez, 1 Phil. 468, 1902 84 People vs. Tamayo, 61 Phil. 226 (1935).
85 People vs. Romualdo, 87 Phil. 641, 642

50

• Adultery and Concubinage [Art. 344, RPC] • The commitment of a minor to any the institution
• EXPRESS or IMPLIED pardon must be given by mentioned in Art. 80 (now Art 192, PD No. 603) and for
offended party to BOTH offenders. purposes specified therein.
• Pardon must be given PRIOR to institution of criminal • Suspension from the employment or public office
action. during the trial or order to institute proceedings.
• Seduction, Abduction, Acts of Lasciviousness [Art. • Fines and other corrective measures which, in the
344, RPC] exercise of their administrative or disciplinary powers,
superior official may impose upon their subordinates.
• EXPRESS pardon given by offended party or her
parents or grandparents or guardian.
• Deprivation of right and the reparations which the civil
law may establish in penal form. [Art. 24, RPC]
Note:
The pardon by the parents, standing alone, is Reasons why they are NOT penalties:
inefficacious. Similarly, the express pardon of a person • They are not imposed as a result of judicial proceedings.
guilty of attempted abduction of a minor, granted by Those mentioned in paragraphs 1, 3 and 4 are merely
the latter’s parents, is not sufficient to remove criminal preventive measures before conviction of offenders.
responsibility, but must be accompanied by the express
pardon of the girl herself.86 • The offender is not subjected to or made to suffer these
measures in expiation of or as punishment for a crime.
• Pardon must be given PRIOR to the institution of
the criminal action.
• Par. 1 does not refer to the confinement of an insane or
Exception: However, marriage between the offender
imbecile who has not been arrested for a crime it refers
and the offended party EVEN AFTER the institution of
to accused persons” who are detained by reason of
the criminal action or conviction of the offender will
insanity or imbecility.
extinguish the criminal action or remit the penalty
already imposed against the offender, his co-principals,
• Paragraphs 3 and 4 refer to administrative suspension
accomplices, and accessories after the fact.
and administrative fines and not suspension or fine as
penalties for violations of the RPC.
Note:
Not applicable in rape, where there are two or more
• The deprivation of rights established in penal form by
principals involved and in case of multiple rape.
the civil laws is illustrated in the case of parents who
are deprived of their parental authority if found guilty
• Rape (as amended by R.A. 8353)
of the crime of corruption of their minor children, in
accordance with Art. 332 of the Civil Code.
The subsequent valid marriage between the offender
and the offended party shall extinguish criminal • Where a minor offender was committed to a
liability or the penalty imposed. In case the legal reformatory pursuant to Art. 80 (now, PD 603), and
husband is the offender, subsequent forgiveness by the while thus detained he commits a crime therein, he
wife as offended party shall also produce the same cannot be considered a quasi-recidivist since his
effect. detention was only a preventive measure, whereas
quasi-recidivism presupposes the commission of a
• Pardon by the offended party under Art. 344 is crime during the service of the penalty for a previous
ONLY A BAR to criminal prosecution; it is NOT a crime.
ground for extinguishment of criminal liability.
• CIVIL LIABILITY may be extinguished by the Art. 26, RPC – Fines; classified
EXPRESS WAIVER of the offended party. Fine is:
(1) Afflictive – over P6,000.00
(2) Correctional – P200.00 to P6,000.00
Art. 24, RPC – Measures of prevention or safety which are (3) Light penalty – less than P200.00
not considered penalties
• Same basis may be applied by analogy
The following are NOT considered as penalties: to bond to keep the peace
• Arrest and temporary detention of accused persons, as
well as their detention by reason of insanity or • These articles determine the
imbecility, or illness requiring their confinement in a classification of a fine whether imposed
hospital. as a single or as an alternative penalty
for a crime.
• Where the fine in question is exactly

P200, under Art. 9 it is a light felony,
86 People vs. Lacson, [ICA] 55 OG 9460 whereas under Art. 26 it is a correctional

51

penalty, hence the offense involved is a A. Principal penalties

less grave felony. It has been held that Those expressly imposed by the court in the
this discrepancy should be resolved judgment of conviction. It may be further classified
liberally in favor of the accused, hence based on divisibility.
Art. 9 prevail over Art. 26. 87
Divisible
Note: Those that have fixed duration and are divisible
In determining the prescription of crimes, apply Art. 9 into three periods.
(P200 fine is light felony). In determining the
prescription of penalty, apply Art. 26 (P200 fine Indivisible
prescribes in 10 years). Those which have no fixed duration. These are:
(1) Death
(2) Reclusion perpetua
RA NO. 9346, (3) Perpetual absolute or special
AN ACT PROHIBITING THE IMPOSITION OF disqualification
DEATH PENALTY IN THE PHILIPPINES (4) Public censure
Sec. 2 of said law provides that in lieu of death penalty, the Reclusion Perpetua Life Imprisonment
following shall be imposed: Eligible for parole after 30 Not eligible for parole after
years of imprisonment 30 years of imprisonment
(1) The penalty of reclusion perpetua, when the law Carries accessory penalties Does not carry accessory
violated makes use of the nomenclature of the penalties with it penalties with it
of the Revised Penal Code; or Imposed by RPC Imposed by Special Laws
(2) The penalty of life imprisonment, when the law

violated does not make use of the nomenclature of the B. Accessory penalties
penalties of the Revised Penal Code. Those that are deemed included in the principal
penalties.
Section 3. Persons convicted of offenses punished with
reclusion perpetua, or whose sentences will be reduced to (3) Based on subject matter
reclusion perpetua, by reason if this Act shall not be eligible a. Corporal (death).
for parole under Act No. 4103, otherwise known as the b. Deprivation of freedom (reclusion perpetua and
indeterminate sentence law, as amended. temporal, prision mayor and correccional, arresto
mayor and menor).
c. Restriction of freedom (destierro)
CLASSIFICATION OF PENALTIES d. Deprivation of rights (disqualification and
suspension).
Art. 25, RPC – Penalties, classified e. Pecuniary (fine).
• The scale in Art. 25 is only a general classification of
penalties based on their severity, nature and subject • Perpetual or temporary absolute disqualification,
matter. perpetual, or temporary special disqualification, and
suspension may be principal or accessory penalties.
• The scale of penalties in Art. 70 is provided for
successive service of sentences imposed on the same • Bond to keep the place is imposed only in the crime of
accused, in consideration of their severity and natures. threats [Art. 284], either grave [Art. 282] or light threats
[Art. 283].
• The scales in Art. 71 are for the purpose of graduating
the penalties by degrees in accordance with the rules in
Art. 61.
Classification of penalties under article 25:

(1) Based on their severity or gravity
A. Capital,
B. Afflictive,
C. Correctional,
D. Light
This classification corresponds to the classification of

felonies in Art. 9, into grave, less grave and light.
(2) Based on their nature

87 People vs. Yu Hai, 99 Phil. 725, 1956

52

DURATION AND EFFECTS OF PENALTIES

Table Showing the Duration of Divisible Penalties and the Time Included in Each of their Periods
PENALTIES TIME INCLUDED IN TIME INCLUDED IN TIME INCLUDED IN TIME INCLUDED IN
THE PENALTY IN ITS ITS MINIMUM ITS MEDIUM ITS MAXIMUM
ENTIRETY PERIOD PEDIOD PERIOD
From 12 years and 1 day From 12 years and 1 From 14 years, 8 From 17 years, 4
to 20 years. day to 14 years and 8 months and 1 day to 17 months and 1 day to 20
Reclusion temporal months. years and 4 months. years.
Prision mayor,absolute From 6 years and 1 day From 6 years and 1 From 8 years and 1 day From 10 years and 1
disqualification and special to 12 years. day to 8 years. to 10 years. day to 12 years
temporary disqualification
From 6 months and 1 From 6 months and 1 From 2 years, 4 months From 4 years, 2 months
Prision
day to 6 years. day to 2 years and 4 and 1 day to 4 years and 1 day to 6 years.
correccional,suspension
months. and 2 months.
anddestierro
From 1 month and 1 day From 1 to 2 months. From 2 months and 1 From 4 months and 1
Arresto mayor to months. day to 4 months. day to 6 months.
From 1 to 30 days. From 1 to 10 days. From 11 to 20 days. From 21 to 30 days.

Arresto menor

53

A. Penalties consisting in deprivation of liberty and

SECTION ONE: DURATION OF PENALTIES the offender are undergoing preventive
imprisonment; but the offender is entitled to a
deduction of the entirety of the time spent in
Art. 27, RPC - Durations detention (should the detention prisoner agree, in
writing and with counsel, to abide by the same
Afflictive Penalties: disciplinary rules imposed upon convicted
(1) Reclusion Perpetua – 20 years and 1 day to 40 years prisoners) or 4/5ths of the time of his detention
(should the detention prisoner not agree to the
(2) Reclusion Temporal – 12 years and 1 day to 20 years same, also in writing and with counsel).
(3) Prision Mayor and Temporary Disqualification – 6 years B. Temporary penalties and the offender is not under
and 1 day to 12 years except when disqualification is an detention because the offender is released on bail.
accessory penalty, in which case its duration is that of
the principal penalty.
Art. 29, RPC – Deduction/Credit of Detention period
Correctional Penalties:
(1) Prision Correccional, suspension and destierro – 6 Bar 1994
months and 1 days to 6 years except when suspension is Preventive Imprisonment
an accessory penalty, in which case its duration is that Period of detention undergone by an accused where the
of the principal penalty. crime with which he is charged is non-bailable or, even if
bailable, he is unable to post the requisite bail:
(2) Arresto mayor - 1 months and 1 day to 6 months.
• These rules on preventive imprisonment apply to
(3) Arresto menor - 1 day to 30 days
all sentences regardless of the duration thereof,
including the so-called perpetual penalties as long
(4) Bond to keep the peace - The period during which the
as they involve deprivation of liberty.
bond shall be effective is discretionary on the court.
It applies to destierro.
In what cases is destierro imposed?
(1) Serious physical injuries or death under exceptional
If the maximum possible penalty to be imposed is
circumstances. [Art. 247]
destierro, the accused should be released
immediately after 30 days from his arrest and
(2) In case of failure to give bond for good behavior. [Art.
detention.
284]
Reason: In destierro, the accused sentenced to that
(3) As a penalty for the concubine in concubinage [Art. 334]
penalty does not serve it in prison. [Reyes]
(4) In cases where after reducing the penalty by one or
more degrees, destierro is the proper penalty. Bar 1994
When is the detention prisoner entitled to the full credit of
his preventive imprisonment?
Art. 28, RPC - Computation If the detention prisoner agrees voluntarily in writing and
with counsel to abide by the same disciplinary rules imposed
Rules: (to be done by Director of Prisons or warden) upon convicted prisoners.
(1) When the offender is in prison – the duration of When will he be credited only four-fifths (4/5) the time
temporary penalties starts from the day the judgment of during which he has undergone preventive imprisonment?
conviction becomes final. If the detention prisoner does not agree to abide by the same
disciplinary rules imposed upon convicted prisoners. Said
Applies in cases of temporary penalties and the disagreement shall also be in writing and be made with
offender is under detention (under preventive assistance of counsel.
imprisonment)
(2) When the offender is not in prison – the duration of • In the case of a youthful offender who has been
penalties consisting in deprivation of liberty, starts from proceeded against under the Child and Youth
the day that the offender is placed at the disposal of Welfare Code, he shall be credited in the service of
judicial authorities for the enforcement of the penalty. his sentence with the full time of his actual
detention, whether or not he agreed to abide by the
Applies in cases of penalties consisting in deprivation of same disciplinary rules of the institution.
liberty and the offender is not in prison.
The following offenders are NOT entitled to be credited
(3) The duration of other penalties – the duration starts with the full time or four-fifths of the time of preventive
from the day on which the offender commences to serve imprisonment:
his sentence. Applies in cases of:

54

(1) Recidivists or those convicted previously twice or more Art. 33 & 34, RPC – Civil Interdiction; effects
times of any crime (reiteracion of 2 or more light
felonies). Civil interdiction deprives the offender of:
Includes habitual delinquents. • The right of parental authority or guardianship of
any ward (person or property);
(2) Those who, upon being summoned for the execution of
their sentence, failed to surrender voluntarily. • Marital authority;
Refers to convicts who failed to voluntarily surrender to • The right to manage his property and of the right
serve their penalties under a final judgment, since this is to dispose of such property by any act or any
indicative of a greater defiance of authority. conveyance inter vivos.
• The accused shall be released immediately whenever he But he can dispose of such property by will or
has undergone preventive imprisonment for a period donation mortis causa.
equal to or more than the possible maximum
imprisonment for the offense charged.
Civil interdiction is imposed when the penalty is:
(1) Death which is not carried out;
• The convict shall also be released immediately if the
(2) Reclusion perpetua; or
penalty imposed after trial is less than the full or 4/5ths (3) Reclusion temporal.
of his preventive imprisonment, provided that the same
is credited. Art. 35, RPC – Bond to keep the peace; effects
Effects of bond to keep the peace

SECTION TWO: EFFECTS OF THE PENALTIES
ACCORDING TO THEIR RESPECTIVE NATURE • The offender must present two sufficient sureties
who shall undertake that the offender will not
commit the offense sought to be prevented, and
Art. 30, RPC – Absolute/Temporary Disqualification; effects that in case such offense be committed they will
pay the amount determined by the court; or
Disqualification is the withholding of a privilege, not a
denial of right – a restriction upon the right of suffrage or to • The offender must deposit such amount with the
hold office. clerk of court to guarantee said undertaking; or
Absolute disqualification; defined

• The offender may be detained, if he cannot give
A disqualification to enter public offices and employments,
the bond, for a period not to exceed 6 months if
the right to vote for any popular office, the right to be elected
prosecuted for a grave or less grave felony, or for a
to such office.
period not to exceed 30 days, if for a light felony.
Perpetual absolute disqualification; defined
An absolute disqualification effective during the lifetime of • Bond to keep the peace is different from bail bond
the convict and even after the service of the sentence. which is posted for the provisional release of a
person arrested for or accused of a crime
Temporary absolute disqualification; defined
An absolute disqualification which lasts during the term of • Imposed as a penalty in threats [Art. 284].
the sentence, and is removed after the service of the same.
Art. 36, RPC – Pardon; effects
• A plebiscite is NOT mentioned or contemplated in Art.
30, par. 2 (deprivation of the right to vote), hence, the Effects of pardon by the president:
offender may vote in that exercise, subject to the (1) A pardon shall not restore the right to hold public office
provisions of pertinent election laws at the time. or the right of suffrage.
Exception: When any or both such rights is or are

Art. 31 & 32, RPC – Special Disqualification; effects expressly restored by the terms of the pardon.
(Absolute or conditional)
Special Disqualification deprives the offender perpetually
or during the term of the sentence of: (2) It shall not exempt the culprit from the payment of the
(1) The right to vote in any popular election for any public civil liability.
office, or
(2) To be elected to such office. • Acceptance of pardon shall not operate as an
abandonment of appeal or waiver of the appeal.
BAR 2011 Limitations upon the exercise of the pardoning power:

It does not deprive the offender of the right to vote in a (1) That the power can be exercised only after conviction
plebiscite. “by final judgment”;

55

(2) That such power does not extend to cases of These are the expenses of litigation allowed and regulated by
impeachment; the Rules of Court to be assessed against or to be recovered
by a party in litigation.
(3) No pardon, amnesty, parole or suspension of sentence
for violation of election laws, rules, and regulation shall The following are included in costs:
be granted by the president without the favorable (1) Fees, and
recommendation of the COMELEC.88 (2) Indemnities, in the course of judicial proceedings.
General Rule: When the principal penalty is remitted by • Costs are changeable to the accused only in cases of
pardon, only the effect of that principal penalty is conviction. In case of acquittal, the costs are de officio,
extinguished, but not the accessory penalties attached to it. meaning each party bearing their own expenses.
Exception: When an absolute pardon is granted, it removes • No costs shall be allowed against the Republic of the
all the consequences of conviction, and it takes effect even Philippines, unless otherwise provided by law.
after the term of imprisonment has expired.
• The payment of cost is a matter that rests entirely upon
Pardon by the Chief Pardon by the Offended the discretion of courts.
Executive [Art. 36] Party [Art. 23]
As to the crime covered • The court cannot disregard the order of payment.
Can extend to any crime, Applies only to crimes
unless otherwise provided by against chastity under the
or subject to conditions in the RPC and marital rape. APPLICATION OF PENALTIES
Constitution or the laws.
As to the effect on civil liability
INDETERMINATE SENTENCE LAW (ISL) – ACT NO.
Cannot affect the civil liability The offended party can
4103 AS AMENDED BY ACT NO. 4225
ex delicto of the offender. waive the civil liability.
As to extinguishment of criminal liability
Extinguishes criminal liability. Does NOT extinguish Concept of Indeterminate Sentence – is a sentence with a
criminal liability. minimum term and a maximum term which, the court is
mandated to impose for the benefit of a guilty person who is
Although it may constitute not disqualified therefore, when the maximum
a bar to the prosecution of imprisonment exceeds one (1) year. It applies to both
the offender in seduction, violations of Revised Penal Code and special laws.
abduction and acts of
lasciviousness by the valid Sentence in the ISL
marriage of the victim and
If the penalty is imposed If the penalty is imposed
the offender, and in
by the RPC by Special Penal Laws
adultery and concubinage,
by the express or implied
pardon by the offended
Maximum Term
spouses.
When granted That which could be Must not exceed the
Can be extended only after Can be validly granted properly imposed under maximum term fixed by
conviction by final judgment only before the institution the RPC, considering the said law.
of the accused. of the criminal action. aggravating and
To whom granted mitigating circumstances
To any or all of the accused. In seduction, abduction
and acts of lasciviousness,
it benefits the co -
principals, accomplices
Minimum term
and accessories.
In adultery and
concubinage, it must
include both offenders.
As to whether it can be conditional
May be absolute or Cannot validly be made
conditional. subject to a condition.
Art. 37, RPC – Costs or costs of suit; defined

88 Art. IX. C. Sec.5 1987 Constitution

56

Within the range of the Must not be less than the

penalty one degree lower minimum term
than that prescribed by prescribed by the same. • The modifying circumstances are considered only in the
the RPC, without imposition of the maximum term of the indeterminate
considering the Note: For special laws, it sentence (They are not considered in fixing the
circumstances is anything within the minimum).
inclusive range of the
Note: BUT when there is prescribed penalty. • BUT a first-time recidivist may be given the benefits of
a privileged mitigating Courts are given the ISL.
circumstance, so that the discretion in the
penalty has to be lowered imposition of the BAR 1999, 2003
by one degree, the indeterminate penalty. When benefit of the ISL is not applicable:
STARTING POINT for The aggravating and
determining the mitigating circumstances The Indeterminate Sentence Law shall NOT apply to the
minimum term of the are not considered unless following persons:
indeterminate penalty is the special law adopts the (1) Those sentenced to death penalty, reclusion perpetua, or
the penalty next lower same terminology for life imprisonment;
than that prescribed by penalties as those used in
the Code for the offense. the RPC (such as (2) Those convicted of treason, or conspiracy or proposal to
reclusion perpetua and
commit treason;
the like)
(3) Those convicted of misprision of treason, rebellion,

In imposing a prison sentence for an offense punished by the sedition or espionage;
Revised Penal Code or special penal laws, the court shall
sentence the accused to an indeterminate sentence, which (4) Those convicted of piracy;
has a maximum and a minimum term based on the penalty
which would have been ACTUALLY IMPOSED. (5) Habitual delinquents;
• ISL application is mandatory, where imprisonment (6) Those who have escaped from confinement as a
would exceed one year. prisoner, or evaded sentence;
• BUT it is only mandatory when ISL would be favorable (7) Those granted with conditional pardon by the
to the accused; if it would result in lengthening his president, but subsequently violated the terms thereof;
prison sentence, ISL should NOT be applied.
(8) Those with a maximum term of imprisonment actually
• The following articles serves as suppletory provisions
imposed does not exceed 1 year;
to the indeterminate sentence law: (Reyes)
(1) Art. 46 – Penalty to be imposed upon Principals in (9) Those sentenced to the penalty of destierro or
general suspension only.
(2) Art. 48 – Complex Crimes
(3) Art. 50-57 – Penalties to be imposed upon RELEASE OF THE PRISONER ON PAROLE
principals, accomplices, and accessories in
consummated, frustrated, or attempted crimes. The Boards of Pardons and Parole may authorize the release
of a prisoner on parole, after he shall have served the
(4) Art. 61 – Rules for graduating penalties minimum penalty imposed on him, PROVIDED that:
• Such prisoner is fitted by his training for release;
(5) Art. 62(5) – Habitual Delinquency
• There is reasonable probability that he will live and
(6) Art. 64 – Rules for the application of penalties remain at liberty without violating the law;
which contains three periods
• Such release will not be incompatible with the welfare
(7) Art. 65 – Rule in cases in which the penalty is not of society.
composed of three periods
(8) Art. 68 – Penalty to be imposed upon a person ENTITLEMENT TO FINAL RELEASE AND DISCHARGE
under 18 years of age
If during the period of surveillance, such paroled prisoner
(9) Art. 69 – Penalty to be imposed when the crime shall:
committed is not wholly excusable • Show himself to be law-abiding citizen; and
• Shall not violate any law.
(10) Art. 71(Scale no. 1) – Graduated Scales

57

• The board may issue a final certification in his favor of • Minimum term- anywhere within the range of
his final release and discharge. prision mayor without reference to any of its
periods.
SANCTION FOR VIOLATION OF CONDITION OF THE There is one aggravating circumstance

PAROLE • Maximum term – reclusion temporal in its
maximum period after considering the
When the paroled prisoner shall violate any of the conditions aggravating circumstance.
of his parole:
• The board may issue an order for his arrest; and • Minimum term anywhere within the range of
thereafter, prision mayor without reference to any of its
periods.
• The prisoner shall serve the remaining unexpired
portion of the maximum sentence for which he was Under special law/s:
originally committed to prison. Individual X is convicted of illegal possession of firearms,
which is punishable by 1 year and 1 day to 5 years of
imprisonment.
REASONS FOR FIXING THE MAXIMUM AND
MINIMUM TERMS IN THE INDETERMINATE Maximum term – shall not exceed 5 years as fixed by
SENTENCE law.
The minimum and maximum terms in the ISL must be fixed Minimum term – shall not be less than the minimum of
because they are the basis for the following: 1 year and 1 day prescribed by said law.
Whenever a prisoner has (a) served the MINIMUM
penalty imposed on him and (b) is fit for release of the
prisoner on parole, upon terms and conditions SECTION 1: RULES FOR APPLICATION OF PENALTIES
prescribed by the board. TO THE PERSONS CRIMINALLY LIABLE AND FOR
THE GRADUATION OF THE SAME
But when the paroled prisoner violates any of the
condition of his parole during the period of Art. 46, RPC – Imposable penalties on principals
surveillance, he may be rearrested to serve the
remaining unexpired portion of the MAXIMUM General rule: The penalty prescribed by law in general terms
sentence. shall be imposed upon the principals for a consummated
felony.
Even if a prisoner has already served the MINIMUM,
but he is not fitted for release on the parole, he shall Exception: When the penalty to be imposed upon the
continue to serve until the end of the MAXIMUM term. principal in a frustrated or attempted felony is fixed by law.
• In fixing the minimum penalty, it is necessary for the Graduation of penalties:

court to consider the criminal first as an individual and (1) By degrees – refers to:
second as a member of society. a. Stages of execution (consummated, frustrated, or
attempted); and
ILLUSTRATION OF APPLICATION OF b. Degree of the criminal participation of the offender

INDETERMINATE SENTENCE LAW (whether as principal, accomplice or accessory).
Under the Revised Penal Code: (2) By periods - Refers to the proper period of the penalty
A penalty of reclusion temporal was imposed upon the which should be imposed when aggravating or
individual X for committing homicide. mitigating circumstances attend the commission of the
There is a mitigating or aggravating circumstance crime.
• Maximum term – reclusion temporal which
should be imposed in the medium period. SUSPENSION OF THE DEATH PENALTY
[Art 64 par. 1]
(1) Section 19 (1), Article III of the 1987 Constitution
• Minimum term – anywhere within the range provides that:
of prision mayor the penalty next lower from “Excessive fines shall not be imposed, nor cruel,
reclusion temporal. degrading or inhuman punishment inflicted.
Neither shall death penalty be imposed, unless for
There is one ordinary mitigating circumstance compelling reasons involving heinous crimes, the
• Maximum term – reclusion temporal, in its Congress hereafter provides for it. Any death
minimum period, after considering the mitigating penalty already imposed shall be reduced to
circumstance. reclusion perpetua.”
(2) A reading of said Section will readily show that there is
really nothing therein which expressly declares the

58

abolition of death penalty. The 1987 Constitution

merely suspended the imposition of the death penalty.
PENALTY RULES TO BE IMPOSED UPON THE
R.A. NO. 7659 AND R.A. NO. 9346 PRINCIPALS WHEN THE CRIME COMMITTED IS
DIFFERENT FROM THAT INTENDED
• Republic Act No. 7659 which took effect on December • In cases in which the felony committed is different from
31, 1993, restored the death penalty for certain heinous that which the offender intended to commit, the
crimes. Republic Act No. 9346 which was enacted on following rules shall be observed:
June 24, 2006 prohibited the imposition of the death (1) If the penalty for the felony committed be higher than
penalty, and provided for the imposition of the penalty the penalty for the offense which the accused intended
of reclusion perpetua in lieu of death. to commit, the lower penalty shall be imposed in its
(a) In other words, R.A. No. 7659 restored maximum period.
the death penalty while R.A. No. 9346 (2) If the penalty for the felony committed be lower than
prohibited the imposition of the death the penalty for the offense which the accused intended
penalty. to commit, the lower penalty shall be imposed in its
• Likewise, no death penalty shall be imposed upon maximum period.
children in conflict with law under Sec. 59, R.A. 9344. (3) If the act committed also constitutes an attempt or
frustration of another crime, and the law prescribes a
higher penalty for either of the latter, the penalty for the
CONTINUOUS CRIME attempted or frustrated crime shall be imposed in its
maximum period. (Art. 49, RPC)
DEFINITION
Continuous crime is a single crime, consisting of a series of ART. 49 APPLIES ONLY WHEN:
act, but all arising from ONE CRIMINAL RESOLUTION;
length of time in the commission is immaterial. (1) There is a mistake in the identity of the victim of the
crime, and the penalty for the crime committed is
Although there is a series of acts, there is only one crime different from that for the crime intended to be
committed. Hence, only one penalty shall be imposed. committed.
REQUISITES • Article 49 cannot apply to cases involving aberratio

ictus (mistake in blow) or praeter intentionem
(1) Multiplicity of acts; (where a more serious consequence not intended
(2) Unity of criminal purpose or intent; and by the offender befalls the same person).
(3) Unity of criminal offense violated.
• However, in error in personae, since only one
CONTINUED CRIME NOT A COMPLEX CRIME crime is produced by the act of the offender, there
could be no complex crime, which presupposes the
Not a complex crime because the offender does not perform commission pf at least two crimes. It will be noted
a single act. But a series of act. And one offense is not a that only one person was affected by the single act
necessary means for committing the other. Hence, the of the offender; hence, only one crime was
penalty is not to be imposed in the maximum period. produced. For this reason, it is Article 49, and not
Article 48, that is applicable. (Reyes, 2012, p. 709)
CONTINUED CRIME DIFFERENT FROM A
TRANSITORY CRIME (2) The intended crime and the crime actually committed
are punished with different penalties. (i.e. qualified by
In determining venue, a continued, continuous or continuing relationship)
crime is DIFFERENT from a transitory crime (moving crime) (3)
– in the latter case, criminal action may be instituted and • The rules prescribed in paragraphs 1 and 2 of
tried in the court of the municipality, city or province Article 49 contemplate of cases where the intended
wherein any of the essential ingredients thereof took place. crime and the crime actually committed are
The singleness of the crime, committed by executing two or punished with different penalties by reason of
more acts, is not considered. relationship between the offender and the
offended party, which qualifies one of the crimes.
DISTINCTION BETWEEN REAL OR MATERIAL
PLURALITY FROM CONTINUED CRIME • If the intended crime and the crime actually
committed are punished with same or equal
Real or material plurality Continued crime penalties, Article 49 is not applicable. (Reyes, 2012,
There is series of acts There is a series of acts p. 710)
performed by the offender. performed by the offender.
Each act performed by the The different acts DISTINCTION BETWEEN ARTICLES 48 & 49
offender constitutes a separate constitute only one crime;
crime; each act is generated by all of the acts performed Article 49 Article 48
a distinct criminal impulse arise from one criminal Lesser penalty is imposed, to Penalty for the more or most
resolution. be applied in its maximum serious crime shall be

59

period. imposed, to be applied in its generally implied in habitual delinquency, but also of
maximum period. imposing an additional penalty.
RULE NO. 3 IN ARTICLE 49 UNDER PARAGRAPH 1 OF ARTICLE 62:
• The rule in paragraph 3 of Article 49 is not necessary • Aggravating circumstances which (a) in themselves
because the cases contemplated in that paragraph may constitute a crime especially punished by law (e.g.
well be covered by Article 48, in view of the fact that the crime committed by means of fire is not considered
same act committed by the guilty person, which gives aggravating in arson) or which (b) are included by the
rise to one crime, also constitute(s) an attempt or a law in defining a crime and prescribing the penalty
frustration of another crime. (Reyes, 2012) therefore are not to be taken into account to increase the
penalty (e.g. abuse in confidence is not qualified theft
Note: committed with grave abuse of confidence).
For Articles 50-57 and 60, refer to Art. 61 herein provided.
WHEN MAXIMUM PENALTY IMPOSED
ADDITIONAL PENALTIES FOR PUBLIC OFFICERS IN • When in the commission of the crime, advantage was
SECTION 58 WHO ARE GUILTY AS ACCESSORIES taken by the offender of his public position; or
UNDER PARAGRAPH 3 OF ARTICLE 19 • If the offense was committed by any person who
belongs to an organized/syndicated crime group which
• Public officers who help the author of the crime by means a group of two or more persons collaborating
misusing their office and duties shall suffer the confederating or mutually helping one another for
additional penalties of: purpose of gain in the commission of any crime.
a. Absolute perpetual disqualification, if the
principal offender is guilty of a grave felony; UNDER PARAGRAPH 2 OF ARTICLE 62:
b. Absolute temporary disqualification if the
principal offender is guilty of less grave felony. • The same rule applies with respect to aggravating
(Sec. 58) circumstances which are inherent in the crime (e.g.
• This article applies only to public officers who abused evident premeditation is inherent in robbery and theft).
their public functions.
• The additional penalty prescribed in this article will be UNDER PARAGRAPH 3 OF ARTICLE 62
imposed only on those accessories whose participation
in the crime is characterized by the misuse of public • Aggravating or mitigating circumstances which arise
office or authority. This is so because Article 58 says from the following serve to aggravate or mitigate the
“who should act with abuse of their public functions.” liability of the principals, accomplices and accessories
(Reyes, 2012) as to whom such circumstances are attendant:
• The moral attributes of the offender; or

PENALTY FOR IMPOSSIBLE CRIME
The state of the offender’s minds are different.
• The penalty for impossible crime is arresto mayor Hence, when an offender used evident
(imprisonment of 1 month and 1 day to 6 months) or premeditation in killing the victim, it should affect
fine ranging from 200-500 pesos. (Sec. 59) and aggravate only his penalty, while when the
other offender applied passion and obfuscation in
BASIS FOR THE IMPOSITION OF PROPER PENALTY the crime, only he will benefit in mitigating his
liability. (Reyes, 2012, p. 730)
Social danger; and
Degree of criminality shown by the offender. • From his private relations from the offended party;
A, son of B, and C, father of B, inflicted slight

RULES FOR THE APPLICATION OF PENALTIES WITH physical injuries on B. In this case, the alternative
REGARD TO THE MITIGATING AND AGGRAVATING circumstance of relationship as aggravating shall
CIRCUMSTANCES, AND HABITUAL DELINQUENCY be taken into account against A only, because he is
EFFECTS OF THE ATTENDANCE OF AGGRAVATING a relative of a lower degree than the offended
OR MITIGATING CIRCUMSTANCES OR OF party, B. Relationship is mitigating as regards C,
HABITUAL DELINQUENCY: he being a relative of a higher degree than the
offended party, B. (Reyes, 2012, p. 730)
• Aggravating circumstances (generic and specific) have
the effect of increasing the penalty, without however • Or from any other personal cause.
exceeding the maximum period provided by law.
• Mitigating circumstances have the effect of diminishing A and B committed a crime. A was under 16 years
the penalty. of age and B was a recidivist. (Reyes, 2012, p.730)
• Habitual delinquency has the effect, not only of
increasing the penalty because of recidivism which is
UNDER PARAGRAPH 4 OF ARTICLE 62:

60

• The circumstances which consist in the following shall Note: The crimes are specified in habitual delinquency. If not
serve to aggravate or mitigate the liability only of those among those enumerated, offender cannot be a habitual
persons who had knowledge of them at the time of the delinquent even if he was convicted for the third time.
execution of the act or their cooperation therein:
(2) That after conviction or after serving his sentence, he
• Material execution of the act; or again committed, and within 10 years from his last
When the offender was present and had release of first conviction, he was again convicted of any
knowledge of the treachery with which the crime of the said crimes for the second time.
was committed by the other offenders, he is also
liable for murder, qualified by treachery. (3) That after his conviction of, or after serving sentence for
However, such circumstance should not be the second offense, he again committed, and within 10
considered against the principal by induction years from his last release or last conviction, he was
when he left to the principal by direct participation again convicted of any of said offenses, the third time or
the means, modes or methods of the commission oftener.
of the felony. (Reyes, 2012, p. 731)
COMPUTATION OF TEN YEAR PERIOD
• The means employed to accomplish it;
When the offender did not know that the other • The law expressly mentions the defendant’s last
offender employed an act not known by the conviction OR (last) release as the starting point from
former, such aggravating circumstance is only which the ten-year period should be counted.
applicable to the latter. • If the starting point is only the date of the last
conviction, there will be a case where the offender
NO MITIGATING CIRCUMSTANCE RELATING TO cannot be considered a habitual delinquent.
THE MEANS EMPLOYED IN THE EXECUTION OF THE
CRIME ADDITIONAL PENALTY FOR HABITUAL
DELINQUENCY:
• It is impossible to conceive of any mitigating
circumstances which can properly be considered as to Upon 3rd conviction
one of the defendants, but is not equally applicable to • Culprit shall be sentenced to the penalty provided by
the others, even to those who had no knowledge of the law for the last crime of which he is found guilty and to
same at the time of the commission of the crime, or their the additional penalty of prision correccional in its
cooperation therein. (Reyes, 2012, p. 732) medium and maximum periods.
DIFFERENCE BETWEEN:
Upon a 4th conviction
• The culprit shall be sentenced to the additional penalty
Circumstance relating to the Circumstances consisting in
of prision mayor in its minimum and medium periods.
persons participating in the the material execution or
crime means employed
Do not affect all the Have a direct bearing upon Upon 5th or additional conviction
participants in the crime, but the criminal liability of the • The culprit shall be sentenced to the additional penalty
only those to whom they defendants who had of prision mayor in its maximum period to reclusion
particularly apply. knowledge thereof at the temporal in its minimum period.
time of the commission of
the crime, or their
cooperation therein. TOTAL OF THE TWO PENALTIES SHALL NOT EXCEED
30 YEARS
• The two penalties refer to (1) the penalty for the last
UNDER PARAGRAPH 5 OF ARTICLE 62:
crime of which he is found guilty and (2) the additional
penalty for being a habitual delinquent.
DEFINITION
A person is a habitual delinquent if within a period of ten
REASON FOR IMPOSING ADDITIONAL PENALTY
years from the date of his (last) release or last conviction of
the crimes of (1) serious or less serious physical injuries, (2)
• He is deemed to have shown a dangerous propensity to
robo, (3) hurto, (4) estafa, or (5) falsificacion, he is found
crimes. Hence, he is punished with a severer penalty for
guilty of any of said crimes a third time or oftener.
committing any of those crimes the third time or
oftener.
REQUISITES OF HABITUAL DELINQUENCY
(1) That the offender had been convicted of any of the
crimes of:
PURPOSE OF THE LAW IN IMPOSING ADDITIONAL
A. Serious or less serious physical injuries,
PENALTY
B. Robbery,
C. Theft,
• To render more effective social defense and the
D. Estafa, or
reformation of multirecidivists.
E. Falsification.

61

increase the penalty only to increase the penalty only to

the maximum. AND an the maximum.
SUBSEQUENT CRIME MUST BE COMMITTED AFTER additional penalty is also
CONVICTION OF FORMER CRIME imposed.
• In order that an accused may be legally deemed a

habitual criminal, it is necessary that he committed the RULINGS ON HABITUAL DELINQUENCY
second crime after his conviction of, or after service of
sentence for, the first crime; that he committed the third • Ten year period computed either from last conviction or
crime after his conviction of, or after the service of last release.
sentence for the second crime and so on. (Reyes, 2012, p. • Ten year period is counted not to the date of
738) commission of subsequent offense, but to the date of
conviction thereof in relation to the date of his last
release or last conviction.
WHAT MUST BE ALLEGED IN THE INFORMATION • When an offender has committed several crimes
mentioned in the definition of habitual delinquent,
• The dates of the commission of the previous crimes. without being first convicted of any of them before
• The date of the last conviction or release. committing the others, he is not a habitual delinquent.
• The dates of other previous convictions or releases. • Convictions on the same day or about the same time are
(People vs. Venus) considered as one only.
• Crimes committed on the same date, although
• A plea of guilty to an information which fails to allege convictions on different dates are considered only one.
the dates of commission of previous offenses, of • Previous convictions are considered every time a new
convictions and of releases is not an admission that the offense is committed.
offender is a habitual delinquent, but only a recidivist. • The commission of any of those crimes need not be
• However, failure to allege the said dates in the consummated.
information is deemed cured where the accused did not • Habitual delinquency applies to accomplices and
object to the admission of decisions for previous accessories.
offenses which show the dates of his convictions. • The imposition of the additional penalty prescribed by
(Reyes, 2012, p. 739) law is mandatory.
• Modifying circumstances applicable to additional
penalty.
RECIDIVIST, DEFINED
• Habitual delinquency is not a crime but simply a fact or
circumstance which gives rise to the imposition of
• A recidivist is one who at the time of his trial for one additional penalties.
crime, shall have been previously convicted by final
• Penalty for habitual delinquency is a real penalty that
judgment of another crime embraced in the same title of
determines jurisdiction.
this Code.
• A habitual delinquent is necessarily a recidivist. But a
convict can be a habitual delinquent without being a
recidivist when no two of the crimes committed are
HABITUAL DELINQUENCY DISTINGUISHED FROM
embraced in the same title of the RPC.
RECIDIVISM
• But in imposing the additional penalty, recidivism is
not aggravating because inasmuch as recidivism is a
Habitual Delinquency Recidivism
qualifying or inherent circumstance in habitual
As to the CRIMES committed
delinquency, it cannot be considered an aggravating
The crimes are specified It is sufficient that the
circumstance at the same time. (Reyes, 2012, 739-744)
accused on the date of his
trial, shall have been
CONSTITUTIONALITY OF ADDITIONAL PENALTY
previously convicted by
final judgment of another
• The imposition of additional penalty for habitual
crime embraced in the same
delinquency is constitutional because it is neither an ex
title.
post facto law nor does its imposition constitute double
As to the PERIOD of time the crimes are committed
jeopardy since it is not imposed to punish the same
The offender is found guilty No period of time between offense but to punish the moral depravity of the
within ten years from his last the former conviction and accused.
release or last conviction. the last conviction.
As to the NUMBER of crimes committed
The accused must be found The second offense is for an IMPOSABLE PENALTY, DEFINED
guilty the third time or offense found in the same
oftener of the crimes title. • The penalty that will be imposed after applying the
specified. RPC and ISL.
As to their EFFECTS
If not offset by a mitigating If not offset by a mitigating
circumstance, it serves to circumstance, it serves to PRESCRIBED PENALTY, DEFINED

62

cooreccional, arresto mayor, arresto menor, or prision

• The penalty prescribed by the RPC after considering the correccional to reclusion temporal because they are
mitigating and aggravating circumstances. divisible into three periods; namely, minimum, medium
and maximum.
OUTLINE OF THE RULES UNDER ARTICLE 63 WHEN NOT APPLICABLE
(1) When the penalty is single indivisible, it shall be applied • It does not apply to (1) indivisible penalties, (2)
regardless of any mitigating (except if privileged mitigating) penalties prescribed by special laws, and (3) fines.
or aggravating circumstances.
(2) When the penalty is composed of two indivisible OUTLINE OF THE RULES
penalties, the following rules shall be observed:
A. When there is only one aggravating circumstance, (1) No aggravating and no mitigating
the greater penalty shall be imposed. Medium period.
B. When there is neither mitigating nor aggravating (2) Only mitigating
circumstances, the lesser penalty shall be imposed. Minimum period.
C. When there is a mitigating circumstance and no (3) Only aggravating
aggravating circumstance, the lesser penalty shall Maximum period.
be imposed. (4) Where there are aggravating and mitigating
D. When both mitigating and aggravating The court shall offset those of one class against the
circumstances are present, the court shall allow other according to their relative weight.
them to offset one another.
BAR 1997
Note: Moral value, not numerical weight, of (5) Two or more mitigating and no aggravating
circumstances should prevail under (d). Penalty next lower, in the period applicable, according to
the number and nature of such circumstances.
One aggravating only Greater Penalty

No mitigating nor Lesser penalty (6) If there are three mitigating circumstances but two
aggravating aggravating circumstances
One mitigating only Lesser penalty The court shall offset those of one class against the
Mitigating and Courts allow them to offset one other according to their relative weight.
aggravating another
(7) No penalty greater than the maximum period of the
penalty prescribed by law shall be imposed, no matter how
WHEN ARTICLE 63 NOT APPLIED many aggravating circumstances are present.
• Article 63 does not apply when the penalty prescribed (8) The court can determine the extent of the penalty within
by the Code is reclusion temporal in its maximum the limits of each period, according to the number and
period to death, because although the penalty includes nature of the aggravating and mitigating circumstances and
the two indivisible penalties of death and reclusion the greater or lesser extent of the evil produced by the crime.
perpetua, it has three periods; namely, the minimum
(reclusion temporal maximum), medium (reclusion
perpetua) and maximum (death). Hence, in that case, CASES IN WHICH MITIGATING AND AGGRAVATING
Article 64 shall apply. (Reyes, 2012, p. 746) CIRCUMSTANCES ARE NOT CONSIDERED IN THE
IMPOSITION OF PENALTY
GENERAL RULE (1) When the penalty is single and indivisible (except if
privileged mitigating)
• When the penalty is composed of two indivisible
penalties, the penalty cannot be lowered by one degree, (2) In felonies through negligence (Art. 365 applies instead)
no matter how many ordinary mitigating circumstances
are present. • The penalty to be imposed upon a Moro or other
non-Christian inhabitants
EXCEPTION
• When the penalty is only a fine imposed by an
• When a privileged mitigating circumstance under ordinance
Article 68 or Article 69 is present.
• When the penalties are prescribed by special laws.
(Reyes, 2012, p. 754)
WHEN ARTICLE 64 IS APPLIED
MEANING OF THE RULE UNDER ARTICLE 65
• It is applied when the penalty prescribed by law for the
offense is reclusion temporal, prision mayor, prision

63

(1) Compute and determine the first three periods of • Where a person found guilty is a man of standing or
the entire penalty. station in the community, the maximum penalty should
(2) The time included in the penalty prescribed be imposed.
should be divided into three equal portions, after
subtracting the minimum (eliminate the 1 day) of
the given penalty. WHEN ARTICLE 67 IS APPLIED
(3) The minimum of the minimum period should be
the minimum of the given penalty (including the 1 • It applies only when all the requisites of the exempting
day). circumstance of accident are not present.
(4) The quotient should be added to the minimum o The following conditions are necessary to
prescribed (eliminate the 1 day) and the total will exempt from liability under Subsection 4 of
represent the maximum of the minimum period. Article 12:
Take the maximum of the minimum period, add 1 (1) That the act causing the injury be lawful; that
day and make it the minimum of the medium is, permitted not only by law but also by
period; then add the quotient to the minimum regulations.
(eliminate the 1 day) of the medium period and the (2) That it be performed with due care;
total will represent the maximum of the medium (3) That the injury be caused by mere accident,
period. Take the maximum of the medium period, by an unforeseen event.
add 1 day and make it the minimum of the (4) That there be no fault or intention to cause
maximum period; then add the quotient to the injury.
minimum (eliminate the 1 day) of the maximum • If not all the conditions necessary to exempt from
period and the total will represent the maximum liability under art 12 (4) are present, the act should be
of the maximum period. considered as:
(1) Reckless imprudence if the act is executed
without taking those precautions or measures
• The courts shall apply the rules in the preceding articles which the most common prudence would
by: require; and
(1) Dividing into three (3) equal portions the time (2) Simple imprudence if it is a mere lack of
included in the penalty prescribed, and precaution in those cases where either the
(2) Forming one period of each of the three portions. 2threatened harm is not imminent or the
danger is not openly visible.
• The penalty provided in Article 67 is the same as that in
OUTLINE OF THE PROVISIONS UNDER ARTICLE 66 Article 365.
(1) The court can fix any amount of the fine within the limits
established by law. PENALTY TO BE IMPOSED WHEN THE CRIME
COMMITTED IS NOT WHOLLY EXCUSABLE UNDER
(2) The court must consider: ARTICLE 69
A. The mitigating and aggravating circumstances;
B. More particularly, the wealth or means of the • Lower by one or two degrees than that prescribed
culprit. by law.
(3) The court may also consider: WHEN ARTICLE 69 IS APPLIED

A. The gravity of the crime committed;
B. The heinousness of its perpetration; and • When there is lack of some of the conditions
C. The magnitude of its effect on the offender’s required to justify the deed or to exempt from
victim.89 criminal liability in the several cases mentioned in
Arts. 11 and 12; PROVIDED THAT, majority of
• When the minimum of the fine is not fixed by law, the such conditions be present.
determination of the amount of fine is left to the sound • When two of the essential requisites for justification
discretion of the court, provided it shall not exceed the are present, the penalty lower by two degrees may
maximum authorized by law. be imposed. Where only unlawful aggression is
• The courts are not bound to divide the amount of fine present, the penalty next lower may be imposed.
prescribed by law into three equal portions as in the • When the majority of the requisites of self-defense
case of imprisonment imposed in relation to a divisible and two mitigating circumstance without
penalty. aggravating circumstances are present, the penalty
• Wealth or means of culprit is the main consideration in is three degrees lower.
the imposition of fines because a fixed amount of fine
for all offenders of a particular crime, will result in an INDISPENSABILITY OF UNLAWFUL AGGRESSION IN
inequality. SEF DEFENSE
• Unlawful aggression is indispensable in self-defense,

defense of relatives and defense of stranger, without
which, the offender is not entitled to reduction.
89 People vs. Manuel CA-G.R. Nos. 14648-61-R, July 6, 1957

64

Example:
OUTLINE OF THE PROVISIONS OF ARTICLE 70 A person is sentenced to suffer- 14 years, 8 months and
1 day for homicide; 17 years, 4 months and 1 day in
(1) When the culprit has to serve two or more penalties, he another case; 14 years and 8 months in the third case;
shall serve them simultaneously if the nature of the and in a case of frustrated homicide, he is sentenced to
penalties will so permit. 12 years, or a total of 59 years, 8 months and 2 days.
(2) Otherwise, the order of their severity (under this article) The most severe of those penalties is 17 years, 4 months
shall be followed. and 1 day. Three times that penalty is 52 years and 3
(3) The respective severity of the penalties is as follows: days. But since the law has limited the duration of the
A. Death, maximum term of imprisonment to not more than 40
B. Reclusion perpetua, years, the accused will have to suffer 40 years only.
C. Reclusion temporal,
D. Prision mayor, Note: The phrase “the most severe penalties” includes
E. Prision correccional, equal penalties. Thus, the petitioner for habeas corpus
F. Arresto mayor, who had been sentenced in 6 different cases of estafa, in
G. Arresto menor, each of which he was penalized with 3 months and 11
H. Destierro, days of arresto mayor, cannot be made to suffer more
I. Perpetual absolute disqualification, than 3 months and 11 days multiplied by 3 or 9 months
J. Temporary absolute disqualification, and 33 days.
K. Suspension from public office, the right to vote
and be voted for, the right to follow a profession or (2) But in no case to exceed 40 years, even if imposed by
calling, and different courts.
L. Public censure.
The law has limited the duration of the maximum term
of imprisonment to not more than 40 years, hence the
PENALTIES WHICH MAY BE SIMULTANEOUSLY accused will have to suffer 40 years only.
SERVED ARE THE FOLLOWING:
After serving one reclusion perpetua, which is
(1) Perpetual absolute disqualification, computed at 30 years, the accused will serve 10 years
(2) Perpetual special disqualification, more. All other penalties will not be served. (People vs.
(3) Temporary absolute disqualification, Mendoza, 1950)
(4) Temporary special disqualification,
The three-fold rule is applied, not in the imposition of
(5) Suspension,
the penalties, but in connection with the service of the
(6) Destierro, sentences imposed. (Reyes, 2012, p. 772)
(7) Public censure,
(8) Fine and bond to keep the peace, (3) This rule shall apply only when the convict is to serve
(9) Civil interdiction, and at least four or more sentences successively or the sum
(10) Confiscation and payment of costs. total of all the penalties exceed the most severe one
multiplied by 3.
• The above-listed penalties can be simultaneously a. If only two or three penalties corresponding to
served with imprisonment except for destierro. different crimes committed by the convict are
• If the sum total of all the penalties does NOT imposed, it is hardly possible to apply the
exceed the most severe of all the penalties three-fold rule.
multiplied by three, the three-fold rule does NOT
apply. Example:
Suppose, A was sentenced for a crime for 12 years
ORDER OF RESPECTIVE SEVERITY OF PENALTIES and 1 day, then for another crime of 14 years, 8
SHALL BE FOLLOWED months and last crime for 17 years, 4 months and 1
day. Total of all the penalties is 44 years and 3
• Thus, where the convict was sentenced on different days.
dates, it was held that he should serve the two terms
successively and the time of the second sentence did not 17 years, 4 months and 1 day being the most
commence to run until the expiration of the first. severe will be multiplied by 3. The answer is 52
• Imprisonment must be served before destierro. Arresto years and 3 days. The three-fold rule does not
menor is more severe than destierro. (Reyes, 2012, p. 767) apply, because the total of all the penalties is less
than the most severe multiplied by 3.
THE THREE-FOLD RULE: (3:4:40) b. The three-fold rule applies although the
(1) The maximum duration of the convict’s sentence shall penalties were imposed for different crimes, at
NOT be more than three times the length of time different times, and under separate
corresponding to the most severe of the penalties informations.
imposed upon him.

65

The Rules of Court specifically provide that an • Subsidiary penalty is NOT AN ACCESSORY
information must not charge more than one PENALTY, hence it must be SPECIFICALLY imposed
offense. Necessarily, the various offenses punished by the court in its judgment. Therefore, the culprit
with different penalties must be charged under cannot be made to undergo subsidiary imprisonment
different information which may be filed in the unless the judgment expressly so provides. (People v.
same court or in different courts, at the same time Fajardo)
or at different times. (Reyes, 2012, p. 769-770)
RULES AS TO SUBSIDIARY LIABILITY IN RPC
(4) Subsidiary penalty forms part of the penalty.
Penalty imposed Subsidiary Penalty
The imposition of three-fold maximum penalty under 1. Prision correccional or Subsidiary imprisonment is
Article 70 does not preclude subsidiary imprisonment arresto AND fine90 not to exceed 1/3 of the term
for failure to pay a fine. of the sentence, and in no
case is it to continue for
The rule is to multiply the highest penalty by 3 and the more than one year. A
result will be the aggregate principal penalty which the fraction or a part of a day is
prisoner has to serve, plus the payment of all not counted.
indemnities with or without subsidiary imprisonment, 2. Fine only Subsidiary imprisonment:
provided the principal penalty does not exceed six a. Not to exceed 6 months if
years. (Reyes, 2012, p.770) the culprit is prosecuted for
a grave or less grave felony,
and
DIFFERENT SYSTEMS OF PENALTY, RELATIVE TO
THE EXECUTION OF TWO OR MORE PENALTIES b. Not to exceed 15 days if
IMPOSED ON ONE AND THE SAME ACCUSED: prosecuted for a light felony.
3. Higher than prision No subsidiary
(1) Material accumulation system correccional91 imprisonment.
No limitations whatsoever, and accordingly, all the 4. If the penalty imposed is Subsidiary penalty shall
penalties for all the violations were imposed even if not to be executed by consist in the same
they reached beyond the natural span of human life. confinement, but of fixed deprivation as those of the
duration with fine. principal penalty, under the
(2) Juridical accumulation system same rules as No. 1, 2 and 3
Limited to not more than three-fold the length of time above.
corresponding to the most severe and in no case to
exceed 40 years. This is followed in our jurisdiction. • In case the financial circumstances of the convict should
improve, he shall pay the fine, notwithstanding the fact
(3) Absorption system that the convict suffered subsidiary personal liability
The lesser penalties are absorbed by the graver therefore.
penalties. • When the penalty prescribed for the offense is
imprisonment, it is the penalty actually imposed by the
Court, not the penalty provided for by the Code, which
should be considered in determining whether or not
subsidiary penalty should be imposed.
• R.A. 10159 has already amended Art. 39 of the RPC. It
SUBSIDIARY PENALTY, DEFINED
now provides minimum wage rate of the region,
instead of P8.00.
It is a subsidiary personal liability to be suffered by the
convict who has no property with which to meet the fine, at
the rate of one day for each eight pesos (P8.00), subject to the
RULES AS TO SUBSIDIARY LIABILITY IN SPECIAL
rules provided for in Art. 39.
LAWS (ACT. 1732 OF PHILIPPINE COMMISSION)
• Subsidiary penalty shall be proper only if the accused
Penalty imposed Subsidiary penalty
has no property with which to pay the fine and not as a
Fine only Subsidiary liability shall not exceed 6
matter of choice on his part by opting to go to jail
months, at the rate of one day of
instead of paying.
imprisonment for every P2.50.
• There is no subsidiary penalty for nonpayment of: (1)
Fine and The subsidiary penalty shall not
the reparation of the damage caused; (2)
imprisonment exceed 1/3 of the term of
indemnification of the consequential damages; and (3)
the costs of the proceedings. (Ramos vs. Gonong)
• A fine, whether imposed as a single or as an alternative 90 Includes additional penalty of habitual delinquency in
penalty, should not and cannot be reduced or converted determining whether or not subsidiary penalty to be imposed,
into a prison term. There is no rule for transmutation of provided that the imprisonment does not exceed 6 years.
91 Includes additional penalty of habitual delinquency in
the amount of a fine into a term of imprisonment.
(People vs. Dacuycuy, 1989) determining whether or not subsidiary penalty to be
imposed, provided that the imprisonment does not
exceed 6 years.

66

imprisonment, and in no case shall it Refers to the proper period of the penalty which should
exceed 1 year. be imposed when aggravating or mitigating
Violation of any The rate is one day for every P1.00, circumstances attend the commission of the crime.
municipal until the fine is satisfied, provided,
ordinance or that the total subsidiary imprisonment
ordinance of the does not exceed 6 months, if the RULES FOR GRADUATING PENALTIES IN RULE 61
City of Manila penalty imposed is fine alone, and not
more than 1/3 of the principal penalty, According to Article 46, the penalty prescribed by law in
if it is imposed together with general terms shall be imposed upon the principal in a
imprisonment. consummated felony. According to Articles 50-57, the
penalty prescribed by law for the felony shall be lowered by
NO SUBSIDIARY PENALTY SHALL BE IMPOSED one or two degrees, as follows:
WHERE:
For the principal in frustrated felony
(1) The penalty imposed is higher than prision correccional or One degree lower;
6 years;
For the principal in attempted felony
Additional penalty for habitual delinquency should be Two degrees lower;
included in determining whether or not subsidiary
penalty should be imposed. For the accomplice in consummated felony
One degree lower;
(2) For nonpayment of reparation of the damage caused,
indemnification of the consequential damages and the cost of For the accessory in consummated felony
the proceedings;
Two degrees lower;
(3) Where the penalty imposed is a fine and another penalty
without fixed duration, like censure; and
DIAGRAM OF THE APPLICATION OF ARTS. 50-57
(4) The subsidiary penalty, through properly imposable is
not expressly stated in the judgment. Consummated Frustrated Attempted
Note: The rules on subsidiary penalty in Art. 39 are Principal 0 1 2

applicable to crimes punishable by special laws by force of
Article 10 of this Code. Accomplice 1 2 3
Accessory 2 3 4
GRADUATION OF PENALTIES
In this diagram, “0” represents the penalty prescribed by law in
defining a crime, which is to be imposed on the principal in a
RULES FOR APPLICATION OF PENALTIES TO THE
consummated offense, in accordance with the provisions of Art. 46.
PERSONS CRIMINALLY LIABLE AND FOR THE
The other figures represent the degrees to which the penalty must
GRADUATION OF THE SAME
be lowered, to meet the different situations anticipated by law.
GENERAL RULE
BASES FOR THE DETERMINATION OF THE EXTENT
The penalty prescribed by law in general terms shall be
OF PENALTY TO BE IMPOSED UNDER THE RPC:
imposed upon the principals for a consummated felony.
(1) Stage reached by the crime in its development
(attempted, frustrated or consummated).
EXCEPTION
(2) Participations therein of the persons liable.
When the penalty to be imposed upon the principal in a
frustrated or attempted felony is fixed by law. (3) Aggravating or mitigating circumstances which
attended the commission of the crime.
GRADUATION OF PENALTIES DEGREE, DEFINED
• By degrees – refers to: One unit of the penalties enumerated in the graduated scales
o Stages of execution (consummated, frustrated, or provided for in Art. 71.
attempted); and
o Degree of the criminal participation of the offender • When there is mitigating or aggravating circumstance,
(whether as principal, accomplice or accessory).
the penalty is lowered or increased by period only;
• By periods
PERIOD, DEFINED

67

One of the three equal portions, called minimum, medium a. If the penalty prescribed by the code consists in
and maximum, of a divisible penalty. three periods, corresponding to different divisible
penalties, the penalty next lower in degrees is the
penalty consisting in the three periods down in the
EXCEPTIONS TO THE RULES ESTABLISHED IN scale;
ARTICLES 50-57 (ARTICLE 60) b. If the penalty prescribed by the Code consists of
two periods, the penalty next lower in degree is
Articles 50 to 57 shall NOT apply to cases where the law the penalty consisting in the three periods down in
expressly prescribes the penalty for a frustrated or attempted the scale;
felony, or to be imposed upon accomplices or accessories. c. If the penalty prescribed by the code consists of
[Art. 60] only one period, the penalty next lower in degree
GENERAL RULE is the next period down in the scale.
(1) An accomplice is punished by a penalty one MITIGATING AND AGGRAVATING

degree lower than the penalty imposed upon the CIRCUMSTANCES ARE DISREGARDED IN THE
principal. APPLICATION OF THE RULES FOR GRADUATING
PENALTIES
EXCEPTIONS
● It will be noted that each paragraph of Article 61 begins
The following accomplices are punished with the same with the phrase, “when the penalty prescribed for the
penalty imposed upon the principal: felony” or “crime”. Hence, in lowering the penalty, the
penalty prescribed by the Revised Penal Code for the
(1) The ascendants, guardians, curators, teachers, and any crime is the basis, without regard to the mitigating or
person who by abuse of authority or confidential aggravating circumstance which attended the
relationship, shall cooperate as accomplices in the crime commission of the crime.
of rape, acts of lasciviousness, seduction, corruptions of ● It is only after the penalty next lower in degree is
minors, white slave trade or abduction [Art. 346]; and already determined that the mitigating and/or
(2) One who furnished the place for the perpetration of the aggravating circumstances should be considered.
crime of slight illegal detention. (Art. 268, RPC)
APPLY ARTICLE 71 IN DETERMINING THE PROPER
DEGREE WHERE THE LAW PRESCRIBES A PENALTY
LOWER OR HIGHER BY TWO OR MORE DEGREES
ILLUSTRATION OF THE RULES THAN ANOTHER GIVEN PENALTY
FIRST RULE Scale No. 1 Scale No. 2

(1) Death (1) Perpetual absolute
• When penalty prescribed is single and indivisible such
(2) Reclusion perpetua disqualification
as that found in Scale No. 1 of Article 71, the penalty (3) Reclusion temporal (2) Temporary absolute
immediately following reclusion perpetua (for the crime (4) Prision mayor disqualification
of kidnapping and failure to return a minor) is reclusion (5) Prision correccional (3) Suspension from public
temporal. The penalty next lower in degree, therefore, is
(6) Arresto mayor office, the right to vote and
reclusion temporal.
(7) Destierro be voted for, and the right
(8) Arresto menor to follow a profession or
SECOND RULE (9) Public censure calling
(10) Fine (4) Public censure
● One divisible penalty to be imposed to its full extent is d. Fine
reclusion temporal; and two divisible penalties to be
imposed to their full extent are prision correccional to All personal penalties such as All penalties consisting in
prision mayor. The penalty immediately following the deprivation of life and liberty deprivation of political
divisible penalty of reclusion temporal in Scale No. 1 of are grouped together. rights are grouped
Article 71 is prision mayor; and the penalty together.
immediately following the lesser of the penalties of
prision correccional to prision mayor is arresto mayor.
DEATH IN THE GRADUATED SCALES
THIRD RULE
(1) Since R.A. No. 9346 unequivocally bars the application
of the death penalty, as well as expressly repeals all
● When the penalty prescribed is composed of two such statutory provisions requiring the application of
indivisible penalties and one divisible penalty in its the death penalty, such effect necessarily extends to its
maximum period – the penalty next lower in degree relevance to the graduated scale of penalties under
shall be composed of the medium and minimum of the Article 71.
proper divisible penalty and the maximum of the (2) Henceforth, “death”, as utilized in Article 71 of the
penalty immediately following in the graduated scale; Revised Penal Code, shall no longer form part of the
equation in the graduation of the penalties. (People vs.
SIMPLIFIED RULES FOR FOURTH AND FIFTH RULE Bon, 2006)

68

OUTLINE OF ACCESSORY PENALTIES INHERENT IN

DESTIERRO NEXT IN DEGREE FROM ARRESTOR PRINCIPAL PENALTIES UNDER ARTICLE 40 TO 44
MAYOR
(1) Death, when not executed by reason of commutation or
● The scale of penalties in Article 71 which places pardon
destierro below arresto mayor cannot be A. Perpetual absolute disqualification; and
disregarded and the respective severities of arresto B. Civil interdiction during 30 years, if not expressly
mayor and destierro must not be judged by the remitted in the pardon.
duration of each of these penalties, but by the
degree of deprivation of liberty involved. The (2) Reclusion perpetua and reclusion temporal
penalty next lower in degree from arresto mayor is A. Civil interdiction for life or during the sentence;
destierro. (Uy Chin Hua vs. Dinglasan) and
● Destierro, although a correctional penalty consisting B. Perpetual absolute disqualification, unless
in banishment with a duration of 6 months and 1 expressly remitted in the pardon of the principal
day to 6 years is considered not higher than arresto penalty.
mayor which is imprisonment of 1 month and 1
day to 6 months. (3) Prision mayor
● Under B.P. Blg. 129, MTCs shall exercise exclusive A. Temporary absolute disqualification; and
original jurisdiction over all offenses punishable B. Perpetual special disqualification from suffrage,
with imprisonment not exceeding 6 years unless expressly remitted in the pardon of the
irrespective of the amount of fine, etc. principal penalty.
(4) Prision correccional

ARTICLES 25, 70 AND 71, COMPARED A. Suspension from public office, profession or
calling; and
Article 25 Article 70 Article 71 B. Perpetual special disqualification from suffrage, if
Penalties are Penalties are Provides for the the duration of imprisonment exceeds 18 months,
classified into classified for the scales which unless expressly remitted in the pardon of the
principal and purpose of the should be principal penalty.
accessory successive observed in
penalties. The service of graduating the Note: There is a perpetual special disqualification
principal sentences penalties by from suffrage, only when the duration of the
penalties are according to degrees in imprisonment exceeds 18 months.
subdivided into their severity. accordance with
capital, afflictive, Article 61. (5) Arresto
correctional and Suspension of the right to hold office and the right of
light. suffrage during the term of the sentence.
Destierro is Destierro is Destierro is
placed above placed under placed above Note: The code does NOT provide for any accessory penalty
arresto menor, arresto menor arresto menor. for destierro.
because it is according to Reason for
classified as a their respective which is that
correctional severity. destierro being EXPRESSLY REMITTED IN THE PARDON
penalty. Destierro is classified as a
considered correctional (1) The accessory penalties mentioned in Article 40-43 must
lighter than penalty is higher be suffered by the offender, although pardoned as to
arresto menor. than arresto the principal penalties. To be relieved, the same must be
This speaks of menor, a light expressly remitted in the pardon.
severity. penalty. This (2) Absolute pardon for any crime for which oneyear
speaks of lower imprisonment or more was meted out restores the
or higher. prisoner to his political rights. Where the penalty is less
The different than one year, disqualification does not attach, except
penalties when the crime committed is one against property.
provided for in
Article 25 are
classified and ACCESSORY PENALTIES DEEM IMPOSED
grouped into
two graduated (1) The accessory penalties are understood to be always
scales. imposed upon the offender by the mere fact that the
law fixes a certain penalty for a given crime. Article 73
provides that it must be understood that the accessory
ACCESORY PENALTIES penalties are also imposed upon the convict.
(2) Thus, when the law provides that those guilty of
homicide shall be punished by reclusion temporal, it is
understood that it includes civil interdiction during the

69

period of the sentence and perpetual absolute reasonable doubt, but the instruments or proceeds are
disqualification. not the subject of lawful commerce, the judgment of
acquittal shall order their forfeiture for appropriate
disposition.
DISTINGUISH RECLUSION PERPETUA FROM LIFE
IMPRISONMENT
COMPUTATION OF PENALTIES
Bar 1994, 2001
Reclusion Perpetua Life Imprisonment
Has a specific duration of 20 Has no definite term. RULES FOR THE COMPUTATION OF PENALTIES (TO
years and 1 day to 40 years. BE DONE BY DIRECTOR OF PRISONS OR WARDEN)
Imposable on felonies Imposable on crimes
punished by the RPC. punishable by special laws. § When the offender is in prison – the duration of
Carries with it accessory Does not carry with it temporary penalties starts from the day the judgment of
penalties. accessory penalties. conviction becomes final.
Applies in cases of temporary penalties and the
OUTLINE OF THE PROVISION OF ARTICLE 45 ON offender is under detention (under preventive
CONFISCATION AND FOREFEITURE OF THE imprisonment)
PROCEEDS OR INSTRUMENTS OF THE CRIME
§ When the offender is not in prison – the duration of
(1) Every penalty imposed carries with it the penalties consisting in deprivation of liberty, starts from
forfeiture of the proceeds of the crime and the the day that the offender is placed at the disposal of
instruments or tools used in the commission of the judicial authorities for the enforcement of the penalty.
crime. (There can be no forfeiture when there is no
Applies in cases of penalties consisting in deprivation of
criminal case filed.)
liberty and the offender is not in prison.
(2) The proceeds and instruments or tools of the crime
are confiscated and forfeited in favor of the § The duration of other penalties – the duration starts
Government. from the day on which the offender commences to serve
(3) Property of a third person not liable for the offense his sentence. Applies in cases of:
is not subject to confiscation and forfeiture.
(4) Property not subject of lawful commerce, whether (1) Penalties consisting in deprivation of liberty and
it belongs to the accused or to third person, shall the offender are undergoing preventive
be destroyed. imprisonment; but the offender is entitled to a
deduction of the entirety of the time spent in
• The confiscation and forfeiture of the proceeds and detention (should the detention prisoner agree, in
instruments of a crime is an accessory penalty and an writing and with counsel, to abide by the same
additional penalty, the imposition of which to an disciplinary rules imposed upon convicted
appealed case constitutes double jeopardy, if the prisoners) or 4/5ths of the time of his detention
prosecution appealed the case.92 (should the detention prisoner not agree to the
• However, when the accused has appealed the case, same, also in writing and with counsel).
confiscation and forfeiture not ordered by the trial court
(2) Temporary penalties and the offender is not under
may be imposed by the appellate court.
detention because the offender is released on bail.
• Articles which are forfeited, when the order or
forfeiture is already final, cannot be returned even in
case of an acquittal. PREFERENCE IN THE PAYMENT OF THE CIVIL
• This only applies to criminal cases. LIABILITIES UNDER ARTICLE 72
(1) Civil liability is satisfied by following the chronological

WHEN PROVISIONS OF ARTICLE 45 CANNOT APPLY: order of the dates of the final judgment.
(2) While criminal liability is satisfied by successive service
(1) The instruments belonging to innocent third of sentences in the order of respective severity (Art. 70),
parties; civil liability is satisfied by the following the
(2) Such properties which have not been placed under chronological order of the dates of the final judgments.
the jurisdiction of the court because they must be
presented in evidence and identified in judgment;
and WHEN APPLIED
(3) The provisions of Article 45 also cannot apply
when its application is legally or physically • This applies when the offender who is found guilty of
impossible. two or more offenses is required to pay the
corresponding civil liabilities resulting from different
• This accessory penalty presupposes a judgment of offenses.
conviction. However, even if the accused is acquitted on

92 People v Sanchez

70

PRESUMPTION IN REGARD TO THE IMPOSITION OF maximum, the court can impose any amount not
ACCESSORY PENALTIES UNDER ARTICLE 73 exceeding such maximum.
• Accessory penalties are also deemed imposed upon the (7) When the law fixes both the minimum and the
convict without the necessity of making an express maximum, the court can impose an amount higher than
announcement of their imposition. the maximum; whereas, when only the maximum is
fixed, it cannot impose an amount higher than the
• However, subsidiary imprisonment is not an accessory maximum.
penalty and therefore, the judgment of conviction must
expressly state that the offender shall suffer the LEGAL PERIOD OF DURATION OF DIVISIBLE
subsidiary imprisonment in case of insolvency. (People PENALTIES UNDER ARTICLE 76
vs. Fajardo)
• The legal period of duration of penalties shall be
considered as divided into three parts, forming three
PENALTY HIGHER THAN RECLUSION PERPETUA IN periods, the minimum, the medium, and the maximum.
CERTAIN CASES UNDER ARTICLE 74
DISTINCTION BETWEEN PERIOD AND DEGREE
• The penalty higher than reclusion perpetua, when
death is not provided by law shall be the same penalty Period Degree
and the accessory penalties of Article 40. Each of the three equal The diverse penalties
parts of a divisible penalty. mentioned by name in the
• Furthermore, the penalty of death must be specifically Revised Penal Code.
imposed by law as a penalty for a given crime.
COMPLEX PENALTY, DEFINED
HOW APPLIED
• A penalty prescribed by law composed of three distinct
• The Code has meant to say here that the judgment penalties, each forming a period; the lightest of them
should provide that the convict should not be given the shall be the minimum, the next the medium, and the
benefit of Article 27 until 40 years have elapsed; most severe, the maximum period.
otherwise, there would be no difference at all between
reclusion perpetua when imposed as the penalty next
higher in degree and when it is imposed as the penalty WHEN THE PENALTY IS COMPOSED OF THREE
fixed by law. In this opinion, the given penalty is DISTINCT PENALTIES
reclusion perpetua. (Reyes, 2012, p. 782)
• When the law prescribes a penalty composed of three
distinct penalties, each one shall form a period.
REASON FOR THE PROVISION
• The penalty higher than reclusion perpetua cannot be PECUNIARY LIABILITIES UNDER ARTICLE 38
death, because the penalty of death must be specifically
imposed by law as a penalty for a given crime. • Pecuniary liabilities in the following order:
(1) Civil
A. The reparation of the damage caused.
INCREASING OR REDUCING THE PENALTY OF FINE B. Indemnification of the consequential
BY ONE OR MORE DEGREES damages
(2) Pecuniary
• When necessary, the penalty of fine shall be increased A. Fine
or reduced for each degree, by ¼ of the maximum B. Costs of proceedings.
amount prescribed by law, without however, changing
the minimum.
WHEN ARTICLE 38 IS APPLIED
• Fines are graduated into degrees for the accomplices
and accessories and for the principals in frustrated and • It is applicable in case the property of the offender
attempted felonies. should not be sufficient for the payment of all his
pecuniary liabilities. The order of payment is provided
in this article.
DISTINCTION BETWEEN FINE WITH A MINIMUM • Hence, if the offender has sufficient or no property,
AND FINE WITHOUT A MINIMUM: there is no use for Article 38.
(5) In both, the law fixes the maximum of the fine. EXECUTION AND SERVICE OF PENALTIES
(6) When the law fixes the minimum of the fine, the court ARTICLE 68 IN RELATION TO RA 9344 OR THE
cannot change the minimum; whereas, when the law JUVENILE AND JUSTICE WELFARE ACT
does not state the minimum of the fine but only the

71

APPLICATION OF ARTICLE 68:
• This article is NOT immediately applicable to a minor THREE – FOLD PURPOSE

under 18 years of age, because when such minor is
found guilty of the offense charged, the court shall (1) To promote the correction and rehabilitation of an
determine the penalty in the judgment of conviction but offender by providing him with individualized
shall suspend the promulgation (not the execution) and treatment;
orders commitment to a reformatory institution, if the
court there for approves his application. (2) To provide an opportunity for the reformation of a
penitent offender which might be less probable if he
• Upon the recommendation of the social worker who has were to serve a prison sentence; and
custody of the child, the court shall dismiss the case
against the child and shall order the final discharge of (3) To prevent the commission of offenses.
the child if it finds that the objective of the disposition
measure have been fulfilled.
APPLICATION
• This article has been repealed or amended in the sense
that accused in par. 1 thereof is completely absolved • This shall apply to all offenders except those entitled to
from criminal liability under R.A. 9344, hence there is benefits under PD 603 and similar laws.
no basis for considering any privileged mitigating • May be granted even if the sentence is a fine only, but
circumstance in his favor. with subsidiary imprisonment in case of insolvency.
• That circumstance may, however be involved in its par.

2 where the accused is over 15 and below 18 years of WHERE AND WHEN TO FILE THE APPLICATION:
age but he acted with discernment, and he is returned
to the other correlative proceeding, if any have not • An APPLICATION for probation shall be filed by the
achieved their purposes and, in effect the accused has defendant with the trial court within the period for
been found to be incorrigible. [Regalado] perfecting an appeal.
• NO application for probation shall be entertained or
• If the court finds that the objective the disposition granted if the defendant has PERFECTED AN APPEAL
measures imposed upon the child in conflict with the from the judgment of conviction.
law have not been fulfilled, or if the child in conflict
with the law has willfully failed to comply with the
conditions of his/her disposition or rehabilitation EFFECTS OF FILING AND GRANT/DENIAL OF
program, the child in conflict with the law shall be APPLICATION:
brought before the court for promulgation (not
execution) of judgment. (1) Filing of application for probation operates as a waiver
of the right to appeal.
• If said child in conflict with the law has reached (2) The order granting or denying probation shall not be
eighteen (18) years of age while under suspended appealable.
sentence, the court shall determine whether to (3) Accessory penalties are deemed suspended once
discharge the child, to order execution of sentence, or to probation is granted and are fully restored upon final
be extend the suspended sentence for a certain specified discharge of probationer.
period or until the child reaches the maximum age of (4) Final discharge of probationer totally extinguishes
twenty-one (21) years. [R.A. 9344] criminal liability for the offense subject of the probation
[RA 10707, a July 27, 2015 amendment to this law]
(5) Civil liability is not affected by the suspension of the
PROBATION LAW OF 1976: P.D. 968, as amended sentence imposed on the accused that is granted
probation; court must hear the civil aspects.
PROBATION, DEFINED
• The court may, after it shall have convicted and
Disposition under which a defendant, after conviction and sentenced a child in conflict with the law, and upon
sentence, is released subject to conditions imposed by the application at any time, place the child on probation in
court and to the supervision of a probation officer. lieu of his/her sentence, taking into account the best
interest of the child. For this purpose, Section 4 of
presidential Decree No. 968, otherwise, known as the
CONCEPT “Probation Law of 1976” is hereby amended
accordingly. [Sec. 42, R.A. 9344, Juvenile Delinquency
Probation is NOT an absolute right. It is a mere privilege Law]
which rests upon the discretion of the trial court. Its grant is
subject to certain terms and conditions that may be imposed
by the trial court. Having the power to grant the probation, it
follows that the trial court also has the power to order its
revocation in a proper case and under proper circumstances. POST-SENTENCE INVESTIGATION

72

A. Probationer: Presents himself to the probation

• The convict is not immediately placed on probation. officer designated to undertake his supervision, at
There shall be a prior investigation by the probation such place as may be specified in the order, within
officer and a determination by the court. He may, 72 hours from receipt of order;
however, be released under his bail filed in the criminal
B. He reports to the probation officer at least once a
case or on recognizance.
month.
(2) Discretionary or special – additional conditions listed,
CRITERIA FOR PLACING AN OFFENDER ON which the court may additionally impose on the
PROBATION probationer towards his correction and rehabilitation
outside prison. HOWEVER, the enumeration is not
The court shall consider: exclusive. Probation statutes are liberal in character and
(1) All information relative to the character, antecedents, enable the courts to designate practically any term it
environment, mental, and physical condition of the chooses, as long as the probationer’s constitutional
offender; rights are not jeopardized. Also, they must not be
(2) Available institutional and community resources. unduly restrictive of probationer, and not incompatible
with the freedom of conscience of probationer.
PROBATION SHALL BE DENIED IF THE COURT FINDS BAR 2004

THAT: Period of Probation
For how long may a convict be placed on probation?
(1) The offender is in need for correctional treatment that ii. If the convict is sentenced to a term of imprisonment of
can be provided effectively by his commitment to an NOT more than one year, the period of probation shall
institution; not exceed 2 years.
(2) There is undue risk of committing another crime;
(3) Probation will depreciate the seriousness of the offense iii. In all other cases, if he is sentenced to more than one
committed. year, said period shall not exceed 6 years.
iv. When the sentence imposes a fine only and the

DISQUALIFIED OFFENDERS offender is made to serve subsidiary imprisonment.
The period of probation shall be twice the total of the
The benefits of the Decree shall NOT be extended to those: number of days of subsidiary imprisonment.
(1) Sentenced to serve a maximum term of
imprisonment of more the 6 years;
(2) Convicted of any crime against the national
security;
Pardon Probation
(3) Who have previously been convicted by final
Includes any crime and is Exercised individually by the
judgment of an offense punished by imprisonment
exercised individually by trial court.
of more than six months and one day and/or a fine
the President.
not less than P1,000.00;
(4) Once placed on probation; Exercised when the person Must be exercised within the
(5) Who appealed; is already convicted. period for perfecting an
(6) Convicted of drug trafficking or drug pushing; appeal.
(7) Convicted of election offenses under the Omnibus
Election Code. Merely looks forward It promotes the correction and
(prospective) and relieves the rehabilitation of an offender
Note: No. 5 does not apply to minor offenders. A child in offender from the by providing him with
conflict with law can apply probation ANYTIME. consequences of an offense individualized treatment;
of which he has been provides an opportunity for
HOWEVER, if through an appeal or review, a non- convicted; it does not work the reformation of a penitent
probationable penalty is modified to a probationable penalty, for the restoration of public offender which might be less
the defendant shall be allowed to apply for probation based office, or the right of probable if he were to serve a
on the modified decision before it becomes final, provided he suffrage, unless such rights prison sentence; and prevent
does not seek an appeal for the same. Such application shall are expressly restored by the commission of offenses.
be made in the trial court imposing the non-probationable means of pardon.
penalty. [RA 10707, a July 27, 2015 amendment to this law]
Does not alter the fact that Does not alter the fact that the
the accused is a recidivist as accused is a recidivist as it
CONDITIONS OF PROBATION it produces only the provides only for an
extinction of the personal opportunity of reformation to
TWO KINDS OF CONDITIONS IMPOSED: effects of the penalty. the penitent offender.
Does not extinguish the Does not extinguish the civil

(1) Mandatory or general – once violated, the probation is civil liability of offender. liability of the offender.
cancelled. They are:
Being a private act by the Being a grant by the trial

73

President, it must be court; it follows that the trial (2) The court may not pronounce judgment of conviction
pleaded and proved by the court also has the power to but instead, suspend93 all further proceedings.
person pardoned order its revocation in a
proper circumstances. (3) The youthful offender shall be returned to the
committing court for the pronouncement of judgment,
when the youthful offender: (1) has been found
incorrigible, or (2) has wilfully failed to comply with the
EXECUTION AND SERVICE OF PENALTIES conditions of his rehabilitation programs; or (3) when
his continued stay in the training institution would be
SECTION 1: GENERAL PROVISIONS inadvisable.
WHEN AND HOW PENALTY IS TO BE EXECUTED (4) When the youthful offender has reached the age of
UNDER ARTICLE 78 eighteen (18) while in commitment, the court shall
determine whether:
• Only penalties by final judgment can be executed.
Paragraph 1 of the Article provides that no penalty shall A. To dismiss the case, if the youthful offender has
be executed except by virtue of a final judgment. behaved properly and has shown his capability to be
• It shall be executed in accordance to the form prescribed a useful member of the community; or
by law and with any circumstances or incidents
expressly authorized thereby. B. To pronounce the judgment of conviction if the
abovementioned conditions were not met.
SUSPENSION OF THE EXECUTION AND SERVICE OF (5) Considering the latter case, the convicted offender may
THE PENALTIES IN CASE OF INSANITY UNDER apply for probation and the youthful offender shall be
ARTICLE 79 credited in the service of his sentence with the full time
spent in actual commitment and detention.
GUIDELINES:
(6) The final release of a youthful offender, based on good
• When a convict becomes insane or imbecile after the conduct as provided in Art. 196 shall not obliterate his
final sentence has been pronounced, the execution of civil liability for damages.
such sentence is suspended only as regards the personal
penalty.
SECTION 2: EXECUTION OF PRINCIPAL PENALTIES
• In the event that the offender has recovered reason, his
sentence shall be executed unless the penalty has • This refers to the execution of the Death Penalty.
prescribed.
• In view of the enactment of R.A. No. 9346, the death
• The above provisions shall be observed even if the penalty may NOT be imposed. Thus, Articles 81 to 85 of
convict only becomes insane or imbecile while serving the Revised Penal Code have no application.
his sentence. •
• This pertains to the execution and service of other
• The obligation to pay his civil liability or pecuniary penalties (reclusion perpetua, reclusion temporal, prision
liabilities shall not be suspended. mayor, prision correccional and arresto mayor)
The provisions of Article 80 of the Revised Penal Code have Destierro, defined
been repealed by P.D. 603 (The Child and Youth Welfare Any person sentenced to destierro shall not be permitted to
Code) and by the provisions of R.A. 9344 or the Juvenile enter the place or places designated in the sentence, nor
Justice & Welfare Code. within the radius therein specified, which shall be not more
than 250 and not less than 25 kilometers from the place
designated.
Youthful Offender, defined This penalty is considered as a principal correctional and
A child, 15 years of age or below is exempt from criminal divisible penalty. Therefore, jurisdiction over crimes
liability. If the child is over 15 but less than 18 years of age, punishable with destierro lies with the Municipal Trial
he is likewise exempt from criminal liability unless the child Court.94
acted with discernment.
Application
Guidelines:
(1) If the court finds that the youthful offender committed
the crime charged against him, it shall determine the 93 Suspension of sentence shall not apply to the following: (1)
imposable penalty and the civil liability chargeable youthful offenders who once enjoyed the suspension of
against him. sentence under its provisions; and (2) one who is convicted
of an offense punishable by death or life imprisonment.
94 Entering the prohibited area is evasion of the service of
sentence.

74

Only the following cases impose the penalty of destierro: (2) Extinction of criminal liability does not extinguish civil
liability.
(1) Death or serious physical injuries is caused or are inflicted
under exceptional circumstances [Art. 247];
(3) Death of the offended party does not extinguish the
criminal liability of the accused even in private offenses.
(2) Failure to give bond for good behaviour in grave and
light threats [Art. 284]; (4) Civil liability is extinguished only when death occurs
before final judgment.
(3) Penalty for the concubine in the crime of concubinage
[Art. 334];
Final judgment, defined
(4) When, after reducing the penalty by one or more A judgment only becomes final if the following conditions
degrees, destierro is the proper penalty. have been satisfied:
a. After the lapse of the period for perfecting an

Arresto Menor appeal;
b. When the sentence has been partly or totally
Guidelines: satisfied or served;
Arresto menor shall only be served in the following venues: c. The defendant has expressly waived in writing his
right to appeal.
(1) Municipal jail; or
(2) House of the defendant under the surveillance of an
officer of law only when the court so provides in its
decision.95 EFFECT OF DEATH OF THE ACCUSED PENDING
APPEAL
EXTINCTION OF CRIMINAL LIABILITY General Rule: Death of the accused pending appeal of his
conviction extinguishes the offender’s criminal liability as
CHAPTER ONE: well as his civil liability based solely on the offense
Total Extinction of Criminal Liability committed.
Guidelines: Exception: Death does not extinguish civil liability arising

from sources other than the crime committed survives, and
(1) The following are the means of totally extinguishing may be pursued in a separate civil action. Sources of civil
criminal liability: (DSAAPPM) liability other than crime are law, contracts, quasi -contracts
and quasi delicts.
A. Death of the convict – Personal liabilities shall be
extinguished while pecuniary liability shall only
be extinguished when the death of the offender Amnesty, defined
occurs before final judgment. Amnesty is an act of the sovereign power granting oblivion
or a general pardon for a past offense.
B. Service of sentence – This does not extinguish civil • It is rarely, if ever, exercised in favor of a single
liabilities. individual, and is usually extended in behalf of
certain classes of persons, whether or not they
C. Amnesty – The penalty imposed and all its effects have already been convicted.
are totally extinguished.
Pardon, defined
D. Absolute Pardon - The penalty imposed and all its
Pardon refers to an act of grace proceeding from the power
effects are totally extinguished.
entrusted with the execution of the laws.
E. Prescription of the crime • This exempts the individual on whom it is

bestowed from the punishment provided for by
F. Prescription of penalty the law for the crime committed.
• Pardon can only be given after final judgment;
otherwise, there will be violation of the Doctrine of
G. Marriage of the offended woman with the offender
Separation of Powers.
– Only applicable in good faith and applicable
only in crimes of rape, seduction and abduction or
acts of lasciviousness.
Absolute Pardon Conditional Pardon
Total extinction of Exemption of individual
criminal liability, without from the punishment which
95Grounds for house arrest: health of the offender, and other any condition. the law inflicts for the offense
reasons satisfactory to the court.

75

committed resulting in the A. Afflictive Fines = 15 years

Restores to the individual partial extinction with certain
B. Correctional Fines = 10 years
his civil and political conditions.
rights and remits the C. Light Fines = 2 months
penalty imposed for the
particular offense he/she
is convicted of. Guidelines:
(1) When the last day of prescriptive period falls on a
Sunday or a holiday – the information can no longer be
Pardon Amnesty filed on the next day as the crime has already
Includes any crime and Considered as a “blanket” of prescribed. The period will not be prolonged because
is exercised individually pardon to classes of persons or doubt should be resolved in favor of the accused.
by the President. communities who may be guilty
of a class of offenses, usually (2) Compound Crimes –When the penalty is a compound
political in nature. one, the highest penalty is the basis of application of the
Exercised only after the May be exercised before the trial rules in Article 90.
conviction of the or investigation.
offender.
Prospective Retroactive
Does not obliterate Obliterates the last vestige of (3) Violations penalized by special laws – unless otherwise
previous records of crime. provided by the special laws, the following rules shall
conviction (except if it is govern:
an absolute pardon).
Does not extinguish civil liability of the offender (except if it A. After 1 year for offenses punished only by a fine or
is an absolute pardon) by imprisonment for not more than one (1) month,
The offender must plead This a public act. Concurrence of or both;
and prove the Pardon the Congress would be
since this is considered a necessary prior to proclamation. B. After 4 years for those punished by imprisonment
Private Act of the for more than one (1) month but less than two (2)
President. years;
C. After 8 years for those punished by imprisonment
for two (2) years or more, but not less than six (6)
Prescription of Crimes, defined years; and
Pertains to the forfeiture or loss of the right of the State to
prosecute the offender after the lapse of a certain time. D. After 12 years for any other offense punished by
imprisonment for six (6) years or more, except the
• In prescription of crimes, it is the penalty prescribed by crime of treason, which shall prescribe after
law that should be considered. twenty (20) years.
E. Any violations penalized by municipal ordinances
• In computing for the prescription, the first day is to be shall prescribe after two (2) months.96
executed and the last day included.
F. After 5 years for offenses punished under the
Internal Revenue Law.
PRESCRIPTIVE PERIODS OF CRIMES
G. After 2 months for violations of the regulations or
(1) Crimes punishable by:
conditions of certificate of convenience by the
Public Service Commission
A. Death, reclusion perpetua, and reclusion temporal =
20 years
(4) When the prescription is interrupted – It shall be
B. Afflictive Penalties = 15 years interrupted only when the proceedings are instituted
against the guilty party and shall being to run again if
C. Correctional Penalties = 10 year except those the proceedings are dismissed for reasons not
punishable by arresto mayor which shall prescribe constituting jeopardy.
in 5 years.
(2) Crime of libel = 1 year
Computation of prescription of offenses
(3) Offenses of oral defamation and slander by deed = 6
months Scope:
A. Simple Slander = 6 months

B. Grave Slander = 2 months 96 Prescription of crimes will start on the day of the
commission of the violation. If the same be not known at the
(4) Light offenses = 2 months time, from the discovery thereof and the institution of
(5) Crimes punishable by fines judicial proceedings for its investigation and punishment.

76

(1) The period of prescription shall begin to run from the day
on which the crime is discovered by the offended party, the
authorities or their agents. Computation of the prescription of penalties
Scope:
Note: Discovery of crime, not discovery of offender. (1) Period of prescription commences to run from the date
Note: For the case of Illegal Recruitment, the period of when the culprit evaded the service of his sentence.
prescription runs from the time the accused is certified
as an illegal recruiter. (2) There is an interruption in case of the following
circumstances:
(2) It is interrupted only by the filing of the complaint or
information corresponding to the offense committed with the A. Culprit gives himself up;
prosecutor except in cases falling under the Rules on
Summary Procedure (filed with the court) and when filed B. Culprit gets captured;
with the Punong Barangay (not exceeding 60 days).
C. Culprit goes to a foreign country with which the
(3) It shall commence to run again after the proceedings are Philippines has no extradition treaty; or if there is
terminated97 without the accused being convicted or an extradition treaty, the same does not include
acquitted, or unjustifiably stopped for any reason not the crime committed by the culprit;
imputable to the accused. D. Culprit commits another crime before the
(4) The term of prescription shall not run when the offender expiration of the period of prescription.
is absent from the Philippine Archipelago.
E. Culprit makes an acceptance of conditional
pardon.98
When and how penalties prescribe
Elements:
Prescription of Penalties, defined (1) Penalty is imposed by final judgment;
Pertains to the loss or forfeiture of the right of the
government to execute the final sentence, after the lapse of a
(2) The convict evaded the service of his sentence by
certain time. This is based on the penalty imposed by the
escaping during the term of his sentence;
court.
(3) The convict who escaped from prison has not given
himself up, or been captured, or gone to a foreign country
Prescriptive Periods of penalaties:
with which the Philippines has no extradition treaty, or
committed another crime;
• Death and reclusion perpetua = 20 years;
• If the Government has an extradition treaty but the
• Other afflictive penalties = 15 years
crime committed is not included in the treaty, this
would interrupt the running of the prescriptive
• Correctional penalties = 10 years, except for the period.
penalty of arresto mayor which prescribes for 5
years; and
(4) The penalty has prescribed, because of the lapse of time
from the date of evasion of the service of the sentence by the
• Light penalties = 1 year. convict.
Guidelines: CHAPTER TWO

(1) Penalties must be imposed after final judgment. Appeal
of the convict then fleeing to the mountains, the penalty
imposed on the convict cannot prescribe since no final Partial Extinction of Criminal Liability
judgment has been rendered.
Criminal Liability is partially extinguished through the
(2) If the accused was never arrested to serve the sentence, following means:
the prescriptive period cannot commence to run. (1) Conditional pardon;
(2) Commutation of sentence;

Prescription of the Crime Prescription of the Penalty
(3) Good conduct allowances which the offender may earn
The forfeiture or loss of the The forfeiture or loss of the
while serving his sentence;
right of the State to prosecute. right of the government to
execute the final sentence.
(4) Parole;99 and
It is the penalty prescribed by It is the penalty imposed that
law that should be should be considered.
considered. 98People vs. Puntillas
99Consists in the suspension of the sentence of a convict after
serving the minimum term of the indeterminate penalty,
97Refers to a termination that is final as to amount a jeopardy without granting pardon, prescribing the terms upon which
that would bar a subsequent prosecution. the sentence shall be suspended. In case his parole conditions

77

(5) By probation. B. Service of sentence – This does not extinguish civil

liabilities.
Conditional Pardon Parole C. Amnesty – The penalty imposed and all its effects
Given after final Given after service of the are totally extinguished.
judgment minimum penalty
Granted by Chief Given by the Board of D. Absolute Pardon - The penalty imposed and all its
Executive Pardons and Parole effects are totally extinguished.
For violations, convict For violations, may be
may be prosecuted rearrested, convict serves
E. Prescription of the crime
under Art. 159 remaining sentence
F. Prescription of penalty
Allowance for Good Conduct:
G. Marriage of the offended woman with the offender
(1) First two (2) years of imprisonment = deduction of 5 – Only applicable in good faith and applicable
days for each month of good behavior. only in crimes of rape, seduction and abduction or
acts of lasciviousness.
(2) 3rd to 5th years of imprisonment = deduction of 23 days
for each month of good behavior.
(2) Extinction of criminal liability does not extinguish civil
(3) Following years until the 10th year of imprisonment = liability.
deduction of 25 days for each month for good behavior.
• The extinction of the penal action does not carry
(4) 11th and successive years of imprisonment = deduction with it the extinction of the civil action. However,
of 30 days for each month of good behavior. the civil action based on delict shall be deemed
extinguished if there is a finding in a final
(5) In addition to numbers 1 to 4, the study, teaching, or judgment in the civil action that the act or
mentoring service time rendered = deduction of 15 days omission from where the civil liability may arise
does not exist. (Quinto v. Andres, 2005)
Special Time Allowance for Loyalty, defined
Pertains to the deduction of 1/5th of the period of the (3) Death of the offended party does not extinguish the
sentence of a prisoner who, having evaded the service of his
sentence during a calamity or catastrophe, gives himself up
Pardon Amnesty
within 48 hours following the proclamation by the President
announcing the passing away of the calamity or catastrophe. Includes any crime and is Considered as a “blanket” of
exercised individually by pardon to classes of persons or
The deduction will be 2/5ths if the prisoner stays in his place the President. communities who may be
of confinement. (Art. 98, RPC) guilty of a class of offenses,
which are usually political in
• Time allowance is only granted exclusively by the nature.
Director of Prison and once granted, shall not be Exercised only after the May be exercised before the
revoked. conviction of the offender. trial or investigation.
Prospective Retroactive
CRIMINAL AND CIVIL LIABILITY Does not obliterate the Operates to obliterate every
record of conviction vestige of the crime
(except if it is an absolute committed
EXTINCTION OF CRIMINAL LIABILITIES pardon)
Does not extinguish civil liability of the offender (except if it
is an absolute pardon)
Guidelines:
The offender must plead This a public act. Concurrence
(1) The following are the means of totally extinguishing and prove the Pardon since of the Congress would be
criminal liability: (DSAAPPM) this is considered a Private necessary prior to
Act of the President. proclamation.
criminal liability of the accused even in private offenses.
A. Death of the convict – Personal liabilities shall be
extinguished while pecuniary liability shall only
be extinguished when the death of the offender (4) Civil liability is extinguished only when death occurs
occurs before final judgment. before final judgment.
Final judgment, defined

A judgment only becomes final if the following conditions
are not observed, a convict may be returned to the custody have been satisfied:
and continue to serve his sentence without deducting the (a)
time that elapsed.

78

(b) After the lapse of the period for perfection an

appeal; • In computing for the prescription, the first day is to be
(c) When the sentence has been partly or totally executed and the last day included.
satisfied or served;
(d) The defendant has expressly waived in writing his Prescriptive periods of crimes:
right to appeal. (1) Crimes punishable by:
a. Death, reclusion perpetua, and reclusion temporal =
20 years
EFFECT OF DEATH OF THE ACCUSED PENDING b. Afflictive Penalties = 15 years
APPEAL
c. Correctional Penalties = 10 year except those
General Rule: Death of the accused pending appeal of his
punishable by arresto mayor which shall prescribe
conviction extinguishes the offender’s criminal liability as
in 5 years.
well as his civil liability based solely on the offense
committed.
(2) Crime of libel = 1 year
(3) Offenses of oral defamation and slander by deed = 6
Exception: Death does not extinguish civil liability arising months
from sources other than the crime committed survives, and a. Simple Slander = 6 months
may be pursued in a separate civil action. Sources of civil b. Grave Slander = 2 months
liability other than crime are law, contracts, quasi-contracts (4) Light offenses = 2 months
and quasi-delicts. (5) Crimes punishable by fines
a. Afflictive Fines = 15 years
Amnesty, defined b. Correctional Fines = 10 years
Amnesty is an act of the sovereign power granting oblivion c. Light Fines = 2 months
or a general pardon for a past offense.
1. It is rarely, if ever, exercised in favor of a single Guidelines:

individual, and is usually extended in behalf of (1) When the last day of prescriptive period falls on a
certain classes of persons, whether or not they Sunday or a holiday – the information can no longer be
have already been convicted. filed on the next day as the crime has already
prescribed. The period will not be prolonged because
PARDON, DEFINED doubt should be resolved in favor of the accused.
Pardon refers to an act of grace proceeding from the power (2) Compound Crimes –When the penalty is a compound
entrusted with the execution of the laws. one, the highest penalty is the basis of application of the
rules in Article 90.
(3) Violations penalized by special laws – unless otherwise
• This exempts the individual on whom it is bestowed
provided by the special laws, the following rules shall
from the punishment provided for by the law for the
govern:
crime committed.
A. After 1 year for offenses punished only by a fine or
• Pardon can only be given after final judgment; by imprisonment for not more than one (1) month,
otherwise, there will be violation of the Doctrine of or both;
Separation of Powers.
B. After 4 years for those punished by imprisonment
Absolute Pardon Conditional Pardon for more than one (1) month but less than two (2)
years;
Total extinction of
criminal liability, C. After 8 years for those punished by imprisonment
without any condition. for two (2) years or more, but not less than six (6)
Exemption of individual from
the punishment which the law years; and
Restores to the
inflicts for the offense
individual his civil and D. After 12 years for any other offense punished by
committed resulting in the
political rights and imprisonment for six (6) years or more, except the
partial extinction with certain
remits the penalty crime of treason, which shall prescribe after
conditions.
imposed for the twenty (20) years.
particular offense he/she
is convicted of. E. Any violations penalized by municipal ordinances
shall prescribe after two (2) months.
F. After 5 years for offenses punished under the

PRESCRIPTION OF CRIMES, DEFINED Internal Revenue Law.
Pertains to the forfeiture or loss of the right of the State to G. After 2 months for violations of the regulations or
prosecute the offender after the lapse of a certain time. conditions of certificate of convenience by the
Public Service Commission.
• In prescription of crimes, it is the penalty prescribed by
law that should be considered.

79

(4) When the prescription is interrupted – It shall be the right of the State to right of the government to
interrupted only when the proceedings are instituted prosecute. execute the final sentence
against the guilty party and shall being to run again if It is the penalty prescribed It is the penalty imposed that
the proceedings are dismissed for reasons not by law that should be should be considered.
constituting jeopardy. considered.
Computation of prescription of offenses

Computation of the prescription of penalties
Scope:
• The period of prescription shall begin to run from the Scope:
day on which the crime is discovered by the offended (1) Period of prescription commences to run from the date
party, the authorities or their agents. when the culprit evaded the service of his sentence.
Note: Discovery of crime, not discovery of offender. (2) There is an interruption in case of the following
circumstances:
Note: For the case of Illegal Recruitment, the period of A. Culprit gives himself up;
prescription runs from the time the accused is certified B. Culprit gets captured;
as an illegal recruiter. C. Culprit goes to a foreign country with which the
Philippines has no extradition treaty; or if there is
• It is interrupted only by the filing of the complaint or an extradition treaty, the same does not include
information corresponding to the offense committed the crime committed by the culprit;
with the prosecutor except in cases falling under the D. Culprit commits another crime before the
Rules on Summary Procedure (filed with the court) and expiration of the period of prescription.
when filed with the Punong Barangay (not exceeding 60 E. Culprit makes an acceptance of conditional
days). pardon.101
• It shall commence to run again after the proceedings are

terminated100 without the accused being convicted or Elements:
acquitted, or unjustifiably stopped for any reason not (1) Penalty is imposed by final judgment;
imputable to the accused. (2) The convict evaded the service of his sentence by
escaping during the term of his sentence;
• The term of prescription shall not run when the
offender is absent from the Philippine Archipelago. (3) The convict who escaped from prison has not given
himself up, or been captured, or gone to a foreign country
Prescription of Penalties, defined with which the Philippines has no extradition treaty, or
Pertains to the loss or forfeiture of the right of the committed another crime;
government to execute the final sentence, after the lapse of a • If the Government has an extradition treaty but the
certain time. This is based on the penalty imposed by the
crime committed is not included in the treaty, this
court.
would interrupt the running of the prescriptive
period.
Prescriptive Periods of penalties (4) The penalty has prescribed, because of the lapse of time
(1) Death and reclusion perpetua = 20 years; from the date of evasion of the service of the sentence by the
convict.
(2) Other afflictive penalties = 15 years
(3) Correctional penalties = 10 years, except for the penalty
CHAPTER TWO: PARTIAL EXTINCTION OF CRIMINAL
of arresto mayor which prescribes for 5 years; and
LIABILITY
(4) Light penalties = 1 year.
Criminal Liability is partially extinguished through the
following means:
Guidelines:
(1) Penalties must be imposed after final judgment. Appeal (1) Conditional pardon;
of the convict then fleeing to the mountains, the penalty
imposed on the convict cannot prescribe since no final (2) Commutation of sentence;
judgment has been rendered.
(3) Good conduct allowances which the offender may earn
(2) If the accused was never arrested to serve the sentence,
while serving his sentence;
the prescriptive period cannot commence to run.
(4) Parole;102 and
Prescription of the
Prescription of the Penalty
Crime
The forfeiture or loss of The forfeiture or loss of the
101People vs. Puntillas
102Consists in the suspension of the sentence of a convict
100Refers to a termination that is final as to amount a after serving the minimum term of the indeterminate
jeopardy that would bar a subsequent prosecution. penalty, without granting pardon, prescribing the terms

80

(5) By probation.
• The private person injured, unless it involves the crime
of treason, rebellion, espionage, contempt and others
Conditional Pardon Parole where no civil liability arises on the part of the offender
Given after final Given after service of the either because there are no damages or there is no
judgment minimum penalty private person injured by the crime.
Granted by Chief Given by the Board of
Executive Pardons and Parole Bar 2000
For violations, convict For violations, may be Effect of Acquittal
may be prosecuted rearrested, convict serves Extinction of the penal action does not carry with it the
under Art. 159 remaining sentence extinction of the civil action, unless the extinction proceeds
from a declaration in a final judgment that the fact from
which the civil liability might arise did not exist.
Allowance for Good Conduct:
EFFECT OF DISMISSAL OF CASE
(1) First two (2) years of imprisonment = deduction of 5
days for each month of good behavior. Dismissal of the information or the criminal action does not
affect the right of the offended party to institute or continue
(2) 3rd to 5th years of imprisonment = deduction of 23 days the civil action already instituted arising from the offense
for each month of good behavior. since such dismissal or extinction of the penal action does
not carry with it the extinction of the civil action.
(3) Following years until the 10th year of imprisonment =
deduction of 25 days for each month for good behavior.
Where the dismissal of the case stems from the fact that the
(4) 11th and successive years of imprisonment = deduction prosecution has failed to prove the guilt of the accused
of 30 days for each month of good behavior. beyond reasonable doubt, a civil suit may be instituted,
which may demand a lesser quantum of evidence.
(5) In addition to numbers 1 to 4, the study, teaching, or
mentoring service time rendered = deduction of 15 days
EFFECT OF DEATH OF THE OFFENDER
Special Time Allowance for Loyalty, defined Civil liability ex-delicto is extinguished if death of the
Pertains to the deduction of 1/5th of the period of the offender happened prior to the institution of action or prior
sentence of a prisoner who, having evaded the service of his to the finality of judgment.
sentence during a calamity or catastrophe, gives himself up
within 48 hours following the proclamation by the President Rules regarding civil liability in certain cases.
announcing the passing away of the calamity or catastrophe.
General Rule: Civil liability is still imposed in cases falling
The deduction will be 2/5ths if the prisoner stays in his place under those exempting circumstances enumerated in Art. 12.
of confinement. [Art. 98]
Exceptions:
• Time allowance is only granted exclusively by the
Director of Prison and once granted, shall not be (1) No civil liability in par. 4 of Art. 12 which provides for
revoked. the injury caused by mere accident.
(2) No civil liability in par. 7 of Art. 12 which provides for
CIVIL LIABILITIES IN CRIMINAL CASES failure to perform an act required by law when
prevented by some lawful or insuperable cause.
CHAPTER ONE: PERSON CIVILLY LIABLE FOR
FELONIES
Persons liable for insane or minor exempt from criminal
liability:
Persons Exempted from Civil Liability
(1) Victimless crimes; (1) The person having legal capacity or control over them,
if the latter are the ones at fault or negligent – they are
(2) Flight to enemy country.
primarily liable.
(2) If no fault or negligence on their part, or even if at fault or
Dual character of the crime as against:
negligent but insolvent, or should there be no person
• The State, because of the disturbance of peace and
having such authority or control, the insane, imbecile,
order;
or such minor shall respond with their own property,
not exempt from execution.103

upon which the sentence shall be suspended. In case his
parole conditions are not observed, a convict may be
returned to the custody and continue to serve his sentence
without deducting the time that elapsed. 103 U.S. v. Baggay, 20 Phil. 142, 146-147.

81

Persons civilly liable for acts of minor over 15 years of age • The effects of the guest be actually delivered to the
who act with discernment104 innkeeper is immaterial.
(1) Offender’s father; Subsidiary civil liability of other persons. (Art. 103, RPC)
(2) Mother, in case of father’s death or incapacity;
Industry, defined
(3) Guardian, in the case of mother’s death or incapacity. This refers to a form of productive work, especially that of
manufacture, or a particular class of productive work itself, a
trade or manufacture. As a rule, it must be conducted for
Persons civilly liable for acts committed by persons acting livelihood or profit. [Reyes, p.926]
under irresistible force or uncontrollable fear
(1) The person using violence or causing the fear are Elements:
primarily liable.
(1) The employer, teacher, person, or corporation is
(2) If there be no such persons, those doing the act shall be engaged in any kind of industry.
secondarily liable. (2) Any of their servants, pupils, workmen, apprentices, or
employees commits a felony while in the discharge of
their duties.
Subsidiary civil liability of innkeepers, tavernkeepers and
(3) The said employee is insolvent and has not satisfied his
proprietors of establishments. (Art. 102, RPC)
criminal liability.
Elements of Paragraph 1:
(1) The innkeeper, tavernkeeper or proprietor of CHAPTER TWO: WHAT CIVIL LIABILITY INCLUDES
establishment or his employee committed a violation of
municipal ordinance or some general or special police
regulation. Civil Liability includes the following:
(1) Restitution;
(2) The crime committed in such inn, tavern, or (2) Reparation of the damage caused;
establishment. (3) Indemnification for consequential damages.
(3) The person criminally liable is insolvent or absent.
Restitution
• Restitution of an object(s) must be made whenever
• Concurrence of all elements makes the innkeeper, possible even when found in the possession of a third
tavernkeeper or proprietor of the establishment civilly person except when acquired by such person in any
liable. manner and under the requirements which, by law, bar
an action for recovery.
• This liability, however, is subsidiary in nature, hence • Art. 104 may be distinguished from Art. 38 in the sense
the requisite of the offender’s insolvency. [Reyes, p. 924] that Art. 38 refers to the order in which pecuniary
liabilities, among which it includes fines and the cost of
proceedings, are to be paid, whereas Art. 104 refers to
Elements of Paragraph 2: the composition of civil liability which Art. 38 calls
convicts to pay.
(1) The guests notified in advance the innkeeper or the
person representing of the deposit of their goods within
the inn or house. SCOPE OF RESTITUTION:
(2) The guests followed the direction of the innkeeper or (1) Cannot be ordered before final judgment.
his representative with respect to the care of and (2) The liability to return an object must arise from a
vigilance over such goods. criminal act, not from a contract.
(3) Such goods of the guests lodging therein were taken by (3) Can be ordered even if accused was acquitted but the
robbery with force upon things or theft committed object was proved to belong to a third party.
within the inn or house.
(4) In addition to the returning of the object, the offender
must also pay an amount representing the deterioration
• No liability shall attach in the case of robbery with of diminution of value, if any.
violence against or intimidation of persons, unless
committed by the innkeeper’s employees. (5) Limited to crimes against property except in: treason
cases where money was acquired; and abduction cases
where ransom was paid.
• Generally, the owner of the thing taken may

Art. 201, Child and Youth Welfare Code, Arts. 2180 &
104 recover regardless of who is in possession of the
2182, Civil Code

82

thing, except in cases where the third party has COMPUTING LOSS OF THE VICTIM’S EARNING
acquired the same in good faith at a public CAPACITY106
auction,105 in which case, the original owner may
only recover the thing by paying the purchase Net Earning Capacity = Life Expectancy x
price. (Gross Annual Income – Living Expenses)
Reparation of Damages • Life Expectancy = 2/3 x (80-age of the deceased at the

If restitution is not possible, reparation of damages will be time of death)
ordered by the court. The court shall determine the amount
of damage while considering the price of the object and its
• Gross Annual Income = Monthly Earnings x Number of
sentimental value to the injured party.
Months
• If no evidence is available as to the value of the
• Living Expenses = In the absence of proof, 50% of Gross
property unrecovered, reparation cannot be made.
Annual Income. [People vs. Lara]
SCOPE OF REPARATION
CHAPTER THREE: EXTINCTION AND SURVIVAL OF
Only applies to crimes against property.
CIVIL LIABILITY
Indemnification of Damages CIVIL LIABILITY IS EXTINGUISHED BY:

Indemnification includes not only those caused the injured (1) Payment or performance;
party, but also, those suffered by his family or a third party
by reason of the crime. (2) Loss of the thing due;
(3) Condonation or remission of the debt;
• This is considered a remedy granted to the victims of
crimes against persons. (4) Confusion or merger of the rights of the creditor and
debtor;
(5) Compensation;
SCOPE OF INDEMNIFICATION:
(1) Both reparation and indemnification for damages may (6) Novation;
be claimed by the accused and his/her heirs.
(7) Other cause of extinguishment of obligations, such as
(2) Contributory negligence on the part of the offended annulment, recission, fulfilment of a resolutory
party reduces civil liability of the offender. condition and prescription.
(3) The obligation to make restoration or reparation for General Rule: Civil liability in criminal cases is not
damages and indemnification for consequential extinguished by the loss of the object due because reparation
damages devolves upon the heirs of the person liable. The will be ordered by the court in such cases.
action to demand restoration, reparation or
indemnification descends to the heirs of the person Exception: The offender shall continue to be obliged to
injured. satisfy the civil liability arising from the crime committed by
him.
PAYMENT OF CIVIL LIABILITY

(1) Principals – pro rata, 50% of the civil liability.
Only principals – pro rata or solidary obligation
(2) Accomplices – 2/3 of 50% remaining civil liability
(3) Accessories – 1/3 of 50% remaining civil liability
• Principals, Accomplices and Accessories shall be liable

severally among themselves and subsidiarily for those
of the other persons liable.
• Any person who benefited in the proceeds of a felony is

bound to make restitution in an amount equivalent to
the extent of such participation.

105 Art. 559, Civil Code 106 Based on the American Expectancy Table of Mortality

83

Criminal Law Criminal Law II

CRIMES AGAINST NATIONAL SECURITY AND
THE LAW OF NATIONS
CHAPTER ONE: Crimes Against National Security

Section 1: Crimes against Security
Art. 114. Treason
Art 115.Conspiracy and Proposal to Commit Treason
Art 116. Misprision of Treason
Art 117. Espionage
Section 2: Crimes against the Law of Nations
Art. 118. Inciting to war or giving motives for
reprisals
Art. 119. Violation of neutrality
Art. 120. Correspondence with hostile country
Art. 121. Flight to enemy’s country
Section 3: Piracy and mutiny on the high seas in
Philippine waters
Art. 122. Piracy in general and mutiny on the high
seas or in Philippine waters
Art. 123. Qualified Piracy
CRIMINAL LAW Crimes under this title can be prosecuted even if the criminal
act(s) were committed outside the Philippine territorial
jurisdiction. Provided, that the offender is within Philippine
II territories or brought to the Philippines pursuant to an

extradition treaty.
However, when the crimes committed are Crimes against

the Law of Nations [Art. 118, 119, 120, 121, 122, and 123], the
offender can be prosecuted wherever he may be found
because these crimes are regarded as committed against
humanity in general.
CHAPTER ONE: CRIMES AGAINST NATIONAL

SECURITY
SECTION 1: CRIMES AGAINST SECURITY
ART. 114. TREASON
TREASON
A breach of allegiance to government, committed by a

person who owes allegiance to it.
ALLEGIANCE
An obligation of fidelity and obedience which the

individuals owe to the government under which they live or
to their sovereign, in return for the protection they receive.
NATURE OF THE CRIME
Violation by a subject of his allegiance to his sovereign or to

the supreme authority of the state.
Lasallian Commission on Bar Operations 2018 84


the victims
ELEMENTS OF TREASON (5) Giving information to, or commandeering foodstuffs
(1) Offender is a Filipino citizen or an alien residing in the for the enemy
Philippines.
(2) There is war in which the Philippines is involved.
(3) Offender either – WAYS OF PROVING TREASON
A. Levies war against the government:
a. Actual assembling of men (1) Testimony of at least 2 witnesses to the same overt act;
b. For the purpose of executing a or
treasonable design by force (2) Confession of the accused in open court (judicial
confession)
B. Adheres to the enemies and gives them aid or
comfort.
• The defendant should be acquitted if only one of
a. Adherence to the enemy – there is intent
the two witnesses is believed by the court.
to betray
• It is sufficient that the witnesses are uniform in
b. Adherence and aid or comfort –
their testimony on the overt act; it is not necessary
performance of an act which strengthens
that there be corroboration between them on the
the enemy
point they testified.
• Extrajudicial confession or confession made before
LEVYING WAR
the investigators is not sufficient to convict a
person of treason.
It means the concurrence of two things:
(1) Actual assembling of men ACTS THAT DO NOT CONSTITUTE TREASON
(2) For the purpose of executing a treasonable design
by force (1) Mere governmental work during the Japanese Regime
Acceptance of public office and discharge of official
duties under the enemy
ADHERENCE TO THE ENEMY
Membership in the police force during the occupation
(2) Commandeering of women to satisfy the lust of the
Citizen intellectually or emotionally favors the enemy and
enemy.
harbors sympathies or convictions disloyal to his country’s
policy or interest.
AGGRAVATING CIRCUMSTANCES IN TREASON
Adherence alone, without giving the enemy aid or comfort is
not treason.
(1) Cruelty (barbarous forms of torture before putting
ADHERENCE TO AID OR COMFORT them to death) and Ignominy
(2) Rape, wanton robbery for personal gain, brutality
By some kind of action. A deed or physical activity. Not
merely a mental operation Example: Giving information to, • Defense of suspended allegiance and change
or commandeering foodstuffs for the enemy. of sovereignty is not accepted.
• Defense of obedience to a de facto
The act committed need not actually strengthen the enemy. Government is a good defense.
It is not the degree of success, but rather the aim for which • General Rule: Defense of loss of citizenship
the act was perpetrated, that determines the commission of by joining the army of the enemy, cannot
treason. protect him from punishment
PROVING ADHERENCE Exception: If the fear of immediate death

forced him to join the army.
(1) By one witness
(2) From the nature of the act itself Note:
(3) From the circumstances surrounding the act • No complex crime of treason with murder,
physical injuries, etc. [People vs Prieto, 80 Phil. 138]
SPECIFIC ACTS OF AID OR COMFORT • There is no attempted treason, mere attempt only
already consummates the crime.
• Treason is a wartime crime, therefore, cannot be
(1) Serving as informer and active member of Japanese committed in time of peace.
Military police • In treason by levying war, it is not necessary that
(2) Serving in the Japanese Army as agent or spy and
there be a formal declaration of the existence of a
participating in raids
state of war. [US vs. Lagnason]
(3) Acting as “finger women” [People vs Nunez, 85 Phil.
• Treason by Filipino citizen can be committed
448]
outside of the Philippines. Treason by an alien
(4) Taking active part in the mass killings of civilians by
must be committed in the Philippines.
the Japanese soldiers by personally tying the hands of
• Treason is a continuous crime thus the offender


can still be prosecuted even when the war has ART. 117. ESPIONAGE.
ended.
ESPIONAGE
An offense of gathering, transmitting or losing information
ART. 115. CONSPIRACY AND PROPOSAL TO COMMIT respecting the national defense with intent or reason to
TREASON.
believe that the information is to be used to the injury of the
Philippines or to the advantage of any foreign nation.
ELEMENTS OF CONSPIRACY
TWO WAYS OF COMMITTING ESPIONAGE:
(1) When in time of war
(2) Two or more persons (1) Entering, without authority, a warship, fort or naval or
(3) Come to an agreement military establishment or reservation to obtain any
A. To levy war against the government; or information, plans, photographs or other data of a
B. To adhere to the enemies and give them aid or confidential nature relative to the defense.
comfort ELEMENTS:
(4) And decide to commit the agreement (1) Offender enters a warship, fort, etc.
(2) He has no authority to do so.
ELEMENTS OF PROPOSAL TO COMMIT TREASON (3) For the purpose of obtaining any information,
plans, photos, and other confidential data.
(1) When in time of war ● If the accused has no such intention, he is not
(2) A person who has decided to levy war against the liable.
government or adhere to enemies and give them aid ● Offender may be a private person or a public
and comfort officer, citizen or foreigner.
(3) Proposes its execution to some other person or persons (2) Disclosing to the representative of a foreign nation the
contents of article, data or information which offender
Note: Art. 115 is an exception to the general rule that has in his possession by reason of his public office.
conspiracy and proposal to commit a felony is not ELEMENTS:
punishable [Art. 8] (1) Offender is a public officer.
(2) He has in his possession articles, data, etc. by
Reason: In treason, it is the very existence of the state that is reason of his public office.
endangered
(3) He discloses their contents to a representative of
a foreign nation.
ART. 116. MISPRISION OF TREASON.
It is not necessary that the information is obtained (Intent is
DEFINITION sufficient).
An act of concealing or not disclosing knowledge of any
Espionage Law (CA NO. 616) An Act To Punish Espionage
conspiracy to commit treason.
And Other Offenses Against National Security
Acts punished:
ELEMENTS
(1) Unlawfully obtaining or permitting to be obtained
information affecting national defense;
(1) Offender owes allegiance to the Government, and is not (a) Goes upon, enters, flies over, or otherwise obtains
a foreigner; information concerning any vessel, aircraft, work
(2) He has knowledge of conspiracy to commit treason of defense navy yard, naval station, submarine
against the Government; base, coaling station, fort, battery, torpedo station,
(3) He conceals or does not disclose and make known the dockyard, canal, railroad, arsenal, camp, factory,
same as soon as possible to the governor or fiscal of the mine, telegraph, telephone, wireless, or signal
province, or the mayor or fiscal of the city in which he station, building, office, or other place connected
resides. with the national defense, owned or constructed,
or in progress of construction by or under the
Note: control of the Philippines or by the United States,
o It can only be committed by a Filipino citizen and or any of its officers or agents, or within the
during a war in which the Philippines is involved. exclusive jurisdiction of the Philippines or of the
o The offender is punished as an accessory to Treason United States, or any place in which any vessel,
but principal in the crime of Misprision of Treason aircraft, arms, munitions, or other materials or
o Art. 116 does not apply when treason has already been instruments for the use in time of war are being
committed by someone and the accused does not made, prepared, repaired, or stored, under any
report the commission to the authorities. contract or agreement with the Philippines or the
o “To report within a reasonable time” depends on time, United States, or with any person on behalf of the
place and circumstance. Philippines or the United States;
(b) Copies, takes, makes, or obtains, or attempts, or
induces or aids another to copy, take, make, or
obtain, any sketch, photograph, photographic


negative, blue print, plan, map, model, instrument, of above, without permission of commanding officer.
appliance, document, writing, or note of anything (9) Injuring or destroying or attempting to do so, war
connected with the national defense; materials, premises of war, and utilities whether or not
(c) Receives or obtains, or agrees or attempts or the Philippines is at war.
induces or aids another to receive or obtain from (10) Making or causing war materials to be made in
any sources any of those data mentioned, knowing defective manner, whether or not the Philippines is at
or having reason to believe that it will be obtained war.
or disposed of by any person contrary to the
provisions of this act; ESPIONAGE TREASON
(d) Communicates, transmits, or attempts to ART. 117 ART. 114
communicate or transmit to any person not May be committed both in
entitled to receive it, or willfully retains and fails to time of peace and in time of Committed only in time of
deliver it on demand to any officer or employee war war
entitled to receive it; Limited only to two ways:
(e) Permits through gross negligence to be removed May be committed in many (1) levying war,
from its proper place or custody or be delivered to ways (2) adhering to the
anyone in violation of his trust, or to be lost, stolen, enemy giving him
abstracted or destroyed any of the data mentioned. aid or comfort
(2) Unlawful disclosing of information affecting national
defense;
o Communicates, delivers or transmits or attempts
SECTION 2: CRIMES AGAINST LAW OF
or aids or induces another to do it, to any foreign
government or any faction etc. within a foreign NATIONS
country any data mentioned.
o In time of war, collects, records, publishes or
communicates or attempts to elicit any ART. 118 INCITING TO WAR OR GIVING MOTIVES
information with respect to the movement, FOR REPRISALS
number, description, condition or disposition of
any of the armed forces, ships, aircraft or war
ELEMENTS
materials of the Philippines, or with respect to
plans or conduct of any military or naval
operations, or with respect to any work or (1) Offender performs unlawful or unauthorized acts;
measures undertaken for the fortification or (2) The acts provoke or give occasion for:
defense of any place, or any other information A. A war involving or liable to involve the
relating to public defense. Philippines; or
(3) Disloyal acts or words in time of peace; B. Expose Filipino citizens to reprisals on
(a) Advises, counsels, urges or in any other manner their persons or property
causes insubordination, disloyalty, mutiny, refusal
of duty of any member of the military, naval or air EXAMPLES:
forces of the Philippines.
(b) Distributes any written or printed matter which Raising without sufficient authorization, of troops within the
advises, counsels or urges such insubordination, Philippines for the service of a foreign nation against another
disloyalty, mutiny or refusal of duty. nation.
(4) Disloyal acts or words in times of war;
(a) Makes or conveys false reports or false statements Public destruction of the flag or seal of a foreign state or the
with intent to interfere with the operation or public manifestations of hostility to the head or ambassador
success of the AFP. of another state.
(b) Promotes the success of enemies, by willfully
causing or attempting to cause insubordination, Note:
disloyalty, mutiny or refusal of duty in the AFP.
• Intent is immaterial.
(c) Willfully obstructs the recruiting or enlistment
• It must be committed in time of peace.
service.
• Penalty is higher when committed by a public officer
(5) Conspiracy to violate preceding sections; and
(a) Two or more persons conspire to violate above or employee.
sections.
ART. 119. VIOLATION OF NEUTRALITY.
(b) One or more of such persons do any act to effect
the object of the conspiracy.
(6) Harboring or concealing violators of law NEUTRALITY
(a) Offender knows that a person has committed or is
about to commit an offense under this Act. When a nation or power takes no part in a contest of arms
(b) Offender harbors or conceals such a person. going on between others it is referred to as neutral.
(7) Using or permitting or procuring the use of aircraft for
the purpose of making a photograph or sketch of vital There must be regulation issued by competent authority for
installations. the enforcement of neutrality.
(8) Reproducing, publishing or selling uncensored copies


If fleeing or going to enemy country is not prohibited by
ELEMENTS competent authority, the crime cannot be committed.
(1) There is a war in which the Philippines is not involved. SECTION 3: PIRACY AND MUTINY ON
(2) There is a regulation issued by competent authority for THE HIGH SEAS IN PHILIPPINE WATERS
the purpose of enforcing neutrality.
Note: Competent authority includes the President of Art. 122. Piracy
the Philippines, Secretary of National Defense, or the
Chief of Staff of the AFP. PIRACY
(3) Offender violates such regulation.
The Robbery or forcible depredation on the high seas,
without lawful authority and done with animo furandi and
ART. 120. CORRESPONDENCE WITH HOSTILE in the spirit and intention of universal hostility.
COUNTRY.
HIGH SEAS
CORRESPONDENCE
Any waters on the sea coast which are without the
boundaries of low-water mark, although such waters may be
A communication by means of letters; or it may refer to
in the jurisdictional limits of a foreign government.
letters which pass between those who have friendly or
business relations.
MUTINY
ELEMENTS
The unlawful resistance to a superior officer or the raising of
commotions and disturbances on board a ship against the
(1) Time of war in which the Philippines is involved; authority of its commander.
(2) Offender makes correspondence with an enemy
country or territory occupied by enemy troops; and ELEMENTS
(3) Correspondence is either –
A. Prohibited by the government; (1) Vessel is on the high seas or in Philippine Waters;
B. Carried on in ciphers or conventional signs;
C. Containing notice or information which might be Note: High seas may mean within the territory of
useful to the enemy. another country [People vs. Lol-lo, et al., 43 Phil 19]
It is still punishable even if the correspondence contains

(2) Piracy: Offenders are non-members of its complement
innocent matters, as long as correspondence has been
or non-passengers of the vessel;
prohibited by the government
Mutiny: Offenders are members of the crew or
CIRCUMSTANCES QUALIFYING THE OFFENSE
passengers; and
(1) The notice or information might be useful to the enemy;

(3) Offenders either:
(2) Offender intended to aid the enemy
A. Attack or seize the vessel;
B. Seize the whole or part of the cargo of the said
Since the intention of the crime was to aid enemy by giving
vessel, its equipment or personal belongings of its
them information, the crime amounts to treason, hence the
complement or passengers.
penalty is the same as that for treason.
PIRACY MUTINY
ART. 121. FLIGHT TO ENEMY’S COUNTRY. Intent to gain is essential. In mutiny, the intention is to
ignore the ship’s officer or
desire to commit plunder.
ELEMENTS
SEE ALSO: P.D NO. 532 (PIRACY BY ANY PERSON)

(1) There is war in which the Philippines is involved.
(2) Offender owes allegiance to the Government.
Under the said law, piracy is defined as any attack upon or
(3) Offender attempts to flee or go to enemy country.
seizure of any vessel, or the taking away of the whole or part
(4) Going to enemy country is prohibited by competent
thereof or its cargo, equipment, or the personal belongings of
authority.
its complement or passengers, irrespective of the value
thereof by means of violence against or intimidation of
An alien resident, who owes allegiance to the Philippines,
persons or force upon things, committed by any person,
may be guilty of flight to enemy country.
including a passenger or member of the complement of said
vessel.


(1) Offending the religious feelings under Article 133;
Piracy is considered act of Terrorism when it sows or creates (2) Or when he conspires with a public officer; or
a condition of widespread and extraordinary fear and panic (3) When he becomes an accomplice or accessory to said
among the populace, in order to coerce the government to crimes.
give in to an unlawful demand.
ART. 123. QUALIFIED PIRACY CRIMES AGAINST FUNDAMENTAL

(Bar 2006)
LAWS OF THE STATE
ELEMENTS
CHAPTER ONE: Arbitrary Detention or Expulsion,
(1) The vessel is on the high seas or Philippine waters; Violation of Dwelling, Prohibition, Interruption, and
(2) Offenders may or may not be members of its Dissolution of Peaceful Meetings and Crimes Against
complement, or passengers of the vessel; Religious Worship
(3) Offenders either: Section 1: Arbitrary detention and Expulsion
A. Attack or seize the vessel; or Art.124: Arbitrary detention
B. Seize the whole or part of its cargo, its equipment, Art.125: Delay in the delivery of detained persons to the
or personal belongings of its crew or passengers. proper judicial authorities
(4) The preceding was committed under any of the Art.126: Delaying release
following circumstances: Art.127: Expulsion
A. Whenever they have seized a vessel by boarding Section 2: Violation of domicile
or firing upon the same; Art.128: Violation of domicile
B. Whenever the pirates have abandoned their Art.129: Search warrants maliciously obtained and abuse
victims without means of saving themselves; or in the service of those legally obtained
C. Whenever the crime is accompanied by murder, Art.130: Searching domicile without witnesses
homicide, physical injuries or rape. Section 3: Prohibition, interruption, and dissolution of
peaceful meetings
ACTS QUALIFYING PIRACY Art.131: Prohibition, interruption, and dissolution of
peaceful meetings
(1) Boarding or firing upon the vessel; Section 4; Crimes against religious worship
(2) Abandonment of victims without means of saving Art. 132: Interruption of religious worship
themselves; or Art. 133: Offending religious feelings
(3) Crime is accompanied by murder, homicide, physical
injuries or rape (regardless of number of victims)
CHAPTER ONE: ARBITRARY
Murder, rape, homicide, physical injuries are mere DETENTION OR EXPULSION,
circumstances qualifying piracy and cannot be punished as VIOLATION OF DWELLING,
separate crimes, nor can they be complexed with piracy. PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETINGS
Any person who aids or protects pirates or abets the
commission of piracy shall be considered an accomplice:
(1) Giving information about the movement of police; or SECTION 1: ARBITRARY DETENTION
(2) Acquires or receives property taken by such pirates or AND EXPULSION
in any manner derives benefit therefrom
SEE ALSO: RA 7659 ART. 124. ARBITRARY DETENTION

(Bar 2006)
Piracy in general and mutiny on the high seas or in
Philippine waters. — The penalty of reclusion perpetua shall ARBITRARY DETENTION
be inflicted upon any person who, on the high seas, or in
Philippine waters, shall attack or seize a vessel or, not being Detaining a person without legal grounds.
a member of its complement nor a passenger, shall seize the
whole or part of the cargo of said vessel, its equipment or DETENTION
passengers.
The actual confinement of a person in an enclosure, or in any
The same penalty shall be inflicted in case of mutiny on the manner detaining and depriving him of his liberty (People v.
high seas or in Philippine waters. Gungon, )
INCLUDING
All offenses under this title can ONLY be committed by
public officers, except: (1) Restraint resulting from fear (Astorga v. People, 2003).


(2) Even if the persons can move freely in and out of their ART. 125. DELAY IN THE DELIVERY OF DETAINED
prison cell for as long they are under surveillance of the PERSONS TO THE PROPER JUDICIAL AUTHORITIES.
guards and they could not escape (People v. Camerino,
1959).
DELAY IN DELIVERY
ELEMENTS
Detaining for more than the period allowed by law without
filing a charge, of a person lawfully arrested without
(1) Offender is a public officer or employee with authority warrant.
to detain or order detention;
(2) He detains a person; and The crime is committed when there is a delay in the filing of
(3) The detention is without legal grounds as: the complaint or information against the person arrested
A. No crime was committed by the detained; with the corresponding Court, and NOT the physical
B. There is no violent insanity of the detained person; delivery of the person arrested to the Judge or Court. [Sayo v.
and Chief of Police]
C. The person detained has no ailment which
requires compulsory confinement in a hospital. ELEMENTS
Cause of arbitrary detention: Warrantless Arrest- valid

when: (1) Offender is a public officer;
(1) When in the presence of the peace officer, the person to (2) He detains a person for some legal ground; and
be arrested has committed, is actually committing, or is (3) He fails to deliver such person to the proper judicial
attempting to commit an offense; authorities within:
(2) When an offense has just been committed and the peace A. 12 hours for light penalties.
officer has probable cause to believe based on personal B. 18 hours for correctional penalties.
knowledge of facts or circumstances that the person to C. 36 hours for afflictive or capital penalties.
be arrested has committed it; or
(3) When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he Circumstances considered in determining liability of
is serving final judgment or temporarily confined while officer detaining a person beyond legal period [Sayo vs
his case is pending or has escaped while being Chief Police]:
transferred from one confinement to another. (1) Means of communication;
(2) Hour of arrest;
ARBITRARY ILLEGAL UNLAWFUL (3) Other circumstances such as the time of surrender
DETENTION DETENTION ARREST and the material possibility for the fiscal to make the
ARTICLE 124 ARTICLE 267 ARTICLE 269 investigation and file in time the necessary
Public officer Private person Any person information.
who has OR
authority to Public officer Note:
make arrests acting in private (1) Nighttime and holidays are not included in the
and detain capacity/ computation of the period.
persons beyond the (2) When a judge is unavailable, and the maximum hours
scope of his have prescribed, the officer is duty-bound to release
official duty the detainee.
Denies the Denies the Accuses the (3) Art. 125 does not apply when the arrest is by warrant
offender his offender his offended party of a of arrest.
liberty liberty crime he did not (4) If the offender is a private person, the crime is Illegal
commit Detention.
Delivers him to DELAY IN THE DELIVERY OF

ARBITRARY
proper authority DETAINED PERSONS TO THE
DETENTION
and files the JUDICIAL AUTHORITIES
ARTICLE. 124
necessary charges ARTICLE. 125
to incriminate him Detention is illegal Detention is legal from the
from the beginning, but becomes illegal
Periods of detention penalized: beginning due to the failure to deliver to
• 3 days proper authorities
• 4-15 days
• 16 days - 6 months
• more than 6 months ART. 126: DELAYING RELEASE.
Arbitrary detention can be committed through imprudence. ACTS PUNISHED
(1) Delaying the performance of a judicial or executive


order for the release of a prisoner; ELEMENTS
(2) Unduly delaying the service of the notice of such order
to said prisoner; or
(1) Offender is a public officer or employee.
(3) Unduly delaying the proceedings upon any petition for
(2) He commits any of the 3 acts punished
the liberation of such person.
(3) He is not authorized by judicial order to enter the
dwelling or to make a search therein for papers or other
ELEMENTS elements.
(1) Offender is a public officer or employee; CIRCUMSTANCES QUALIFYING THE OFFENSE

(2) There is a judicial or executive order for the release of a (1) Offense committed at nighttime.
prisoner or detention prisoner or that there is a (2) Papers or effects not constituting evidence of a crime
proceeding upon a petition for the liberation of such not be returned immediately.
person; and
(3) Offender without good reason delays the – Note:
A. Service of the notice of such order to the (1) Authorized by judicial order means armed with a
prisoner; search warrant.
B. Performance of such judicial or (2) If the public officer has stealthily entered the dwelling
executive order for the release of the and when discovered immediately went out of the
prisoner; or same, he is not liable. However, if he is required to
C. Proceedings upon a petition for the leave and he refuses to do so, he becomes liable.
release of such person. (3) No liability if officer, having given notice of arrest,
breaks into a premise after a person to be arrested
Most likely to be committed by Wardens and Jail Guards enters the said premise and closes it.
and Police Officers who oversee the custody of the prisoners. (4) Reason: “while it may be true in general that a ‘man’s
house is his castle,’ it is equally true that he may not
ART. 127: EXPULSION. use that castle as a citadel for aggression against his
neighbors, nor can he, within its walls, create such
disorder as to affect peace.” [US vs Vallejo]
EXPULSION
ART. 129. SEARCH WARRANTS MALICIOUSLY
Expelling a person from the Philippines unlawfully. OBTAINED AND ABUSE IN THE SERVICE OF THOSE
LEGALLY OBTAINED.
ELEMENTS
ACTS PUNISHED
(1) Offender is a public officer;
(2) He commits any of the two acts: (1) Procuring a search warrant without just cause
A. Expels any person from the Philippines; or Elements:
B. Compels a person to change his residence; A. offender is a public officer
(3) Offender is not authorized by law to do so. B. he procured a search warrant
C. there is no just cause
Note: (2) Exceeding authority by using unnecessary severity in
• Offended party may be a Filipino or a foreigner. executing a search warrant legally produced
• Only the President of the Republic of the Philippines Elements:
A. offender is a public officer or employee
has power to deport aliens.
B. he has legally procured a search warrant
• Only the Court, by final judgment, can order a person
C. he exceeded his authority or used
to change his residence.
unnecessary severity in executing the same
SECTION 2: VIOLATION OF DOMICILE

SEARCH WARRANT
ART. 128. VIOLATION OF DOMICILE. An order in writing issued in the name of the People of the
(Bar 2002) Philippines, signed by a judge directed to a public officer,
commanding him to search for personal property described
ACTS PUNISHED therein and bring it before the court
(1) Entering any dwelling against the will of the owner; PROCEDURE FOR SECURING A SEARCH
(2) Searching papers or other effects found therein, without WARRANT
the previous consent of such owner;
(3) Refusing to leave the premises, after surreptitiously
entering said dwelling and after having been required (1) An application shall be made by a police officer based
to leave the same. on personal knowledge of a crime committed in a
specific place.
• Must specify the offense, place, and things to be
seized


• Property to be seized: SECTION 3: PROHIBITION,
A. Subject of the offense, INTERRUPTION AND DISSOLUTION OF
B. Proceeds, fruits, or things used to commit
OR PEACEFUL MEETINGS
C. Intended to be used as the means of
committing the offense.
(2) Judge shall make a personal determination of ART. 131. PROHIBITION, INTERRUPTION AND
PROBABLE CAUSE after examination of complainant DISSOLUTION OF PEACEFUL MEETINGS.
and other witnesses.
(3) Officer brings 2 witnesses of sufficient age (owner, ELEMENTS
members of family or witnesses from the same locality).
(4) Conducts the search
A. Usually daytime (1) Offender is a public officer;
B. Must be conducted without force, except if the Note: If offender is a private individual, the crime is
owner prevents entry or officer is refused punished under Art 153: Tumults and other
admittance after giving notice of his purpose and disturbances of public order
authority, or he and his aides are unlawfully (2) Commits any of the following acts:
detained in the house (may break open door or A. Prohibit or interrupt or dissolve the holding of a
window or any part of a house). peaceful meeting, without any legal ground.
(5) Officer issues a detailed receipt of property seized; B. Hinder any person from joining any lawful
must be signed by the owner or employees. association or attending any of its meetings.
(6) Officer delivers inventory and property seized to the C. Prohibit or hinder any person from addressing
judge. (alone or with others) any petition to the
(7) Delivery of evidence of seizure (photographs, authorities for the correction of abuses or redress
documents, reports). of grievances.
EXCEPTIONS TO REQUIREMENT OF A SEARCH If a public officer disrupts a religious gathering, but the
WARRANT circumstances do not fall under Interruption of Religious
Worship or Offending Religious Feelings, the crime may be
interruption or dissolution of peaceful meetings.
(1) Search incidental to a lawful arrest;
(2) Search of moving vehicles; If meeting is not peaceful, there is legal ground to prohibit or
(3) Evidence in plain view;
dissolve it under the State’s police power
(4) Stop and frisk;
(5) Customs searches (vessels and aircraft); or If in the course of the assembly which started out peacefully,
(6) Consented warrantless searches participants commit illegal acts like oral defamation or
inciting to sedition.
ART. 130. SEARCHING DOMICILE WITHOUT
WITNESSES. DANGEROUS TENDENCY RULE
(FOR TIMES OF NATIONAL UNREST)

ELEMENTS
(3) Words used tend to create a danger of public uprising.
(4) Words uttered or published could easily produce
(1) Offender is a public officer; disaffection among the people and a state of feeling in
(2) He is armed with a legally procured search warrant; them incompatible with a disposition to remain loyal to
(3) He searches the domicile, papers and other belongings the Government and obedient to the laws. (People vs
of any person; and Perez)
(4) The owner, or the member of his family, or 2 witnesses
residing in the same locality are not present. CLEAR AND PRESENT DANGER RULE
INSTANCE WHEN OFFICER MAY BREAK OPEN ANY

OUTER OR INNER DOOR OR WINDOW OF A HOUSE (For times of peace)
OR ANY PART OF A HOUSE OR ANYTHING THEREIN (5) Words must be of such a nature that by uttering them
WHEN there is a danger of a public uprising and that such
danger should be both clear and imminent;
(1) He is refused admittance to the place of directed search; (6) Danger is imminent and immediate;
(2) His purpose is to execute the warrant to liberate himself (7) Evil to be prevented is a serious one, probability of
or any person lawfully aiding him when unlawfully serious injury to the State.
detained therein; and
(3) He has given notice of his purpose and authority. SECTION 4: CRIMES AGAINST
RELIGIOUS WORSHIP
Note: This article only applies to lawfully obtained search
warrants.
ART. 132. INTERRUPTION OF RELIGIOUS WORSHIP.


Prevents or Prohibits, Interrupts or
ELEMENTS disturbs interrupts or disturbs
religious dissolves a performances,
(1) Offender is a public officer or employee. ceremonies and peaceful meeting functions or
(2) Religious ceremonies or manifestations of any religion manifestations without legal gatherings or
are about to take place or are going on. ground peaceful meetings
(3) Offender prevents or disturbs the same. (not included in
131 and 132)
EXAMPLES OF RELIGIOUS WORSHIP:
Creates a serious
o Mass, baptism, marriage disturbance in a
public place, office
Note: or establishment
o The crime is qualified if committed with violence or
threats
OFFENDING
RELIGIOUS UNJUST VEXATION
ART. 133. OFFENDING THE RELIGIOUS FEELINGS. FEELINGS
ARTICLE 133
ELEMENTS
Act done is Any act committed without
notoriously offensive violence, but which unjustifiably
(1) Acts complained of were performed either - to the faithful annoys or vexes an innocent person
A. A place devoted to religious worship; amounts to light coercion
B. During the celebration of any religious Done with Intent to Committed against one specific
ceremony offend the feelings of person
(2) Acts are notoriously offensive to the feelings of the the faithful
faithful
(3) Offender is any person
(4) There is deliberate intent to hurt the feelings of the CRIMES AGAINST PUBLIC ORDER
faithful, directed against religious tenet
NOTORIOUSLY OFFENSIVE
CHAPTER ONE: Rebellion, Coup d’etat,
Acts directed against religious practice or dogma or ritual Sedition and Disloyalty
for the purpose of mocking or scoffing at or attempting to
damage an object of religious veneration. (People vs.
Art. 134. Rebellion or Insurrection
Mandoriao) Art. 134-A. Coup d’etat
Art. 135. Penalty for Rebellion, Insurrection or
DETERMINATION OF WHETHER AN ACT IS Coup d’etat
NOTORIOUSLY OFFENSIVE:
Art. 136. Conspiracy and Proposal to Commit
Coup d’etat, Rebellion or Insurection
(1) Determined in view of the nature of the acts committed
Art. 137. Disloyalty of Public Officers or
and after scrutiny of all facts and circumstances, and
would not hinge on the subjective characterization of Employees
the act from the point of view of the religious Art. 138. Inciting to Rebellion or Insurrection
denomination or sect. (People vs. Tengson) Art. 139. Sedition
(2) Offense to feelings is judged from complainant’s point
Art. 140. Penalty for Sedition
of view, not from the offender. (People vs. Baes)
(3) Act must be intentionally done to offend. (People vs. Art. 141. Conspiracy to Commit Sedition
Nanoy) Art. 142. Inciting to Sedition
RELATED CRIMES: CHAPTER TWO: Crimes against popular

representation
INTERRUPTIO PROHIBITION, TUMULTS AND
N OF INTERRUPTION OTHER Section 1: Crimes against legislative bodie sand
RELIGIOUS , DISSOLUTION DISTURBANCES similar bodies
WORSHIP OF PEACEFUL ARTICLE 153
ARTICLE 132 MEETINGS
Art. 143. Acts Tending to Prevent the Meeting of
ARTICLE 131 the Assembly
Public Officer Public Officer Private Person Art. 144. Disturbance of Proceedings
Section 2: Violation of parliamentary immunity
Art. 145. Violation of Parliamentary Immunity


CHAPTER THREE: Illegal Assemblies and
A crime of masses, a vast movement of men and a complex
Associations
net of intrigues and plots where the object of the movement
Art. 146. Illegal Assemblies is completely to overthrow and supersede the existing
Art. 147. Illegal Associations government.
CHAPTER FOUR: Assault upon, and resistance INSURRECTION

and disobedience to persons in authority and
A movement which seeks merely to effect some change of
their agents minor importance, or to prevent the exercise of government
Art. 148. Direct Assaults authority with respect to particular matters or subjects.
Art. 149. Indirect Assaults ELEMENTS
Art. 150. Disobedience to summons issued by the
National Assembly, its committee or (1) There must be a public uprising and taking up arms
subcommittees, by the Constitutional against the Government;
Commissions, its committees, subcommittees or (2) Purpose of the uprising is political, either:
divisions a. To remove from the allegiance to said Government
or its laws:
Art. 151. Resistance and Disobedience to a ● Territory of the Philippines or any part
Person in Authority or the Agents of Such Person thereof;
Art. 152. Persons in Authority and Agents in ● Any body of land, naval or other armed
Authority forces.
b. To deprive the Chief Executive or Congress,
CHAPTER FIVE: Public Disorders wholly or partially, any of their powers or
prerogatives.
Art. 153. Tumults and Other Disturbances of
Public Order – Tumultuous Disturbance or PROOF NEEDED:
Interruption Liable to Cause Disturbance
Art. 154. Unlawful Use of Means of Publication (1) Political objective
and Unlawful Utterances (2) Can be established through confession or testimony of
Art. 155. Alarms and Scandals former members of the group
(3) Pattern of acts constituting public uprising or taking
Art. 156. Delivering Prisoners from Jail arms
(4) Context of particular act charged - must be part of the
pattern of public uprising and taking arms
CHAPTER SIX: Evasion of Service of Sentence
Art. 157. Evasion of Service of Sentence TERRORISM
Art. 158. Evasion of Service of Sentence on the
When a person commits rebellion or insurrection sowing
Occasion of Disorders, Conflagrations, and creating a condition of widespread and extraordinary
Earthquakes, or Other Calamities fear and panic to coerce the government to give in to an
Art. 159. Other cases of Evasion of Service of unlawful demand
Sentence
REBELLION TREASON
CHAPTER SEVEN: Commission of another ARTICLE 134 ARTICLE 114
crime during service of penalty imposed for Levying of war during time of Levying of war wen performed
peace to aid
another previous offense
Always involves the taking Done by mere adherence to the
Art. 160. Commission of Another Crime During up of arms enemy giving him aid or
Service of Penalty Imposed for Another Previous comfort
Offense
NOTE:
o Hernandez Ruling (1956): Rebellion cannot be
complexed with other crimes, such as murder and
CHAPTER ONE: REBELLION, COUP D’ETAT, arson. Rebellion in itself would include and absorb the
SEDITION AND DISLOYALTY said crimes.
o Common crimes involving killings or destruction
or property, even though committed by rebels in
furtherance of rebellion shall bring about the
ART. 134. REBELLION OR INSURRECTION; HOW
complex crimes of rebellion with
COMMITTED.
murder/homicide, or rebellion with robbery, or
rebellion with arson, etc.
REBELLION


o Enrile v. Salazar (1990): Expanded the Hernandez ART. 135. PENALTY FOR REBELLION, INSURRECTION
doctrine to prohibit the complexing of rebellion with OR COUP D'ETAT.
other common crimes committed, both in furtherance
of and on the occasion of rebellion.
o Rebellion is a crime of masses. There must be public PERSONS LIABLE FOR REBELLION, INSURRECTION
uprising and the taking up of arms. OR COUP D' ETAT
o Mere giving of aid or comfort is not criminal in the
case of rebellion. Merely sympathizing is not 1. THE LEADERS:
participation, there must be actual participation.
o A private crime may be committed during rebellion.
Examples: killing, possessions of firearms, illegal a. Any person who promotes, maintains or heads a
association are absorbed. However, Rape, even if not rebellion or insurrection; or
in furtherance of rebellion CANNOT be complexed. b. Any person who leads, directs or commands others to
o If killing, robbing was done for private purposes or for undertake a coup d' etat;
profit, without any political motivation, the crime c. In the absence of known leaders, any person who in fact
would be separately be punished and would not be directed the others, spoke for them, signed receipts and
embraced by rebellion [People vs Fernando]. other documents issued in their name, as performed
similar acts, on behalf or the rebels.
PERSON DEEMED LEADER OF REBELLION IN CASE
2. THE PARTICIPANTS:
HE IS UNKNOWN:
Any person who in fact: a. Any person who participates or executes the
(1) directed the others; commands of others in rebellion, insurrection or coup d'
(2) spoke for them; etat;
(3) signed receipts and other documents issued in their b. Any person not in the government service who
name; participates, supports, finances, abets or aids in
(4) performed similar acts on behalf of the rebels. undertaking a coup d' etat.
PERSONS LIABLE FOR REBELLION: 3. PRIVATE INDIVIDUALS:
Any person who

(1) promotes; Supports, finances, abets or aids in undertaking a coup d’etat.
(2) maintains; or
(3) heads a rebellion or insurrection; or
ART. 136: CONSPIRACY AND PROPOSAL TO COMMIT
Any person who, while holding any public office or COUP D’ ETAT, REBELLION OR INSURRECTION.
employment, takes part therein by: (Bar 1994)
(1) engaging in war against the forces of the government; CONSPIRACY TO COMMIT REBELLION: when two or
(2) destroying property or committing serious violence; more persons come to an agreement to rise publicly and take
(3) exacting contributions or diverting public funds from arms against the government for any of the purposes
the lawful purpose for which they have been specified and decide to commit it.
appropriated.
PROPOSAL TO COMMIT REBELLION: when a person
ART. 134-A: COUP D’ ETAT who has decided to rise publicly and take arms against the
(Bar 1998, 2002) government for any of the purposes specified, proposes its
ELEMENTS execution to another person.
(1) Offender is a person or persons belonging to – ART. 137. DISLOYALTY OF PUBLIC OFFICERS OR
a. the military or police; or EMPLOYEES.
b. holding any public office or employment;
(2) Committed swift attack, accompanied by violence,
ELEMENTS
intimidation, threat, strategy or stealth;
(3) Directed against:
a. duly constituted authorities; (1) Existence of rebellion;
b. any military camp or installation; (2) Offender must be a public officer or employee; and
c. communication networks or public utilities, other (3) Offender commits any of the following acts:
facilities needed for the exercise and continued a. fails to resist a rebellion by all means in their
possession of power. power;
(4) Singly or simultaneously carried out anywhere in the b. continues to discharge the duties of their office
Philippines; under the control of the rebels; or
(5) Purpose of seizing or diminishing state power; c. accepts an appointment to office under the rebels.
(6) With or without civilian support or participation.
Note:


o The crime presupposes the existence of rebellion pinuno na si Ka Roda hanggang sa magkagulo na”
o Offender must be a public officer or employee and constituted inciting to sedition.
there must be a rebellion to be resisted.
o Offender myst not be in conspiracy with the rebels or
coup plotters People v. Lovedioro
o If there are means to prevent the rebellion but the
officer did not resist, he becomes criminally liable for
In deciding if the crime committed is rebellion and not
disloyalty. However, if there are no means to resist,
murder, the Courts must ascertain whether or not the act
the officer is at no fault.
was done in furtherance of a political end. The political
motive of the act should be conclusively demonstrated, and
ART. 138: INCITING A REBELLION OR
this burden must fall on the defense, motive being a state of
INSURRECTION.
mind of the accused. Both purpose and overt acts are
essential components of the crime.
ELEMENTS
Political motive should be established before a person
charged with a common crime can claim rebellion. If no such
(1) Offender does not take up arms or is not in open political motive is established and proved, the accused
hostility against the government should be convicted of the common crime and not of
(2) Incites others to rise publicly and take arms against the rebellion. Motive relates to the act, and mere membership in
government for any of the purposes of rebellion; and an organization dedicated to the furtherance of rebellion
(3) Inciting is done by means of speeches, proclamations, would not, by and of itself, suffice.
writings, emblems, banners or other representations
tending to the same end. Sole, unsupported, and vague testimony by the accused of
membership in a rebellious group is not sufficient proof.
PROPOSAL TO COMMIT INCITING TO ART. 139: SEDITION

REBELLION REBELLION
SEDITION
Person who proposes has Not a requirement that
decided to commit rebellion the person who induces Generally means raising of commotions or disturbances in
another has decided to the State. In which the ultimate objective is a violation of the
commit rebellion himself public peace or to evidently engender it.
Proposal usually done The act of inciting is done R.A. 8294

privately (only between the publicly by means of
one who proposes and speeches, proclamations, Sedition absorbs the use of unlicensed firearm as an element
another) or via secret means writings thereof; hence, it is not an aggravating circumstance, and the
offender can no longer be prosecuted for illegal possession
of firearm.
Umil v. Ramos
ELEMENTS
The crimes of rebellion, subversion, conspiracy or proposal
to commit such crimes constitute direct assaults against the
(1) Offenders rise –
State and are in the nature of continuing crimes. The arrest
a. publicly and
of persons involved in these crimes is more an act of
b. tumultuously (caused by more than 3-armed
capturing them in the course of an armed conflict, to quell
mean or provided with means of violence;
the rebellion, than for the purpose of immediately
(2) There is employment of force, intimidation, or other
prosecuting them in court for a statutory offense.
means outside of legal methods
(3) Offenders employ any of those means to attain any of
The absence of a judicial warrant is no legal impediment to
the following objects:
arresting or capturing persons committing overt acts of
a. To prevent the promulgation or execution of any
violence against government forces, or any other milder acts
law or the holding of any popular election;
but equally in pursuance of the rebellious movement. The
b. To prevent the national government or any
arrest is thus impelled by the exigencies of the situation that
provincial or municipal government, or any
involves the very survival of society and its government and
public officer from exercising its or his function
duly constituted authorities.
or prevent the execution of an administrative
order;
The act of urging all drivers and operators to go on
c. To commit, for any political or social end, any
nationwide strike to force the government to give in to their
act of hate or revenge against private persons or
demands to lower the prices of spare parts, commodities,
any social classes;
water and the immediate release from detention of the
d. To commit, for any political or social end any act
president of PISTON, and attending a gathering of drivers
of hate or revenge upon the person or property
and sympathizers where he urged “pagpapalaya sa ating
of any public officer or employee; or


e. To despoil for any political or social end, any (1) inciting others by means of speeches, proclamations,
person, municipality or province, or the national writings, emblems, cartoons, banners, or other
government of all its property or any part representations;
thereof. (2) uttering seditious words or speeches which tend to
disturb or obstruct any lawful officer in executing the
SEDITION REBELLION functions of his office, instigate others to cabal and meet
ARTICLE 139 ARTICLE 134 together for unlawful purposes, suggest or incite
There must be a public There must be a public rebellious conspiracies or riots or lead or tend to stir up
uprising – but there is no uprising – there is a war the people against the lawful authorities;
war (3) writing, publishing or circulating scurrilous (low,
Purpose: political or social Purpose: always political vulgar, mean or foul) libels against the government or
If the uprising be for the If it be against the any of the duly constituted authorities thereof, which
attainment of a purpose government and for a tend to disturb the public peace; or
enumerated in Art. 139 and purpose enumerated in Art. (4) knowingly concealing such evil practices; and
accomplished by means of 134, the crime is rebellion;
force, intimidation or means WHEN PUNISHABLE
outside of legal methods.
a. When they tend to disturb or obstruct any lawful officer
It is Sedition when the in executing the functions of his office; or
object of the uprising was to b. When they tend to instigate others to cabal and meet
inflict an act of hate or together for unlawful purposes
revenge upon the persons of c. When they suggest or incite rebellious conspiracies or
the policemen who were riots; or
public officers or d. When they lead or tend to stir up the people against the
employees. lawful authorities or to disturb the peace of the
community, the safety and order of the government.
ART. 140: PENALTY FOR SEDITION. TWO RULES RELATIVE TO SEDITIOUS WORDS
PERSONS LIABLE: Clear and present danger- words must be of such a

nature that by uttering them there is a danger of a
public uprising and that such danger should be both
(1) Leader of the sedition.
(2) Other person participating in the sedition.
clear and imminent.
Dangerous tendency rule - words used tend to create

a danger of public uprising and could easily produce
ART. 141: CONSPIRACY TO COMMIT SEDITION disaffection among the people and a state of feeling in
them incompatible with a disposition to remain loyal
ELEMENTS to the government and obedient to the laws.
Rebellion Sedition Treason

(1) Agreement and decision to rise publicly; and Conspiracy and Only Conspiracy, proposal
(2) For the purpose of attaining an object of sedition. proposal punished conspiracy and misprision
punished punished
There is no crime of Proposal to commit sedition. Inciting punished Inciting No inciting
punished
ART. 142: INCITING TO SEDITION.
ELEMENTS
(1) The offender does not take a direct part in the crim of
sedition
(2) He incites others to the accomplishment of any of the
acts which constitute sedition
(3) That the inciting is done by means of speeches,
proclamations, writing, emblems, cartoons, banners, or
 other representations tending to the same end
(purpose: cause commotion not exactly against the
government; actual disturbance not necessary)  
DIFFERENT ACTS IN INCITING TO SEDITION


TREASON, REBELLION, COUP D’ ETAT AND SEDITION; DISTINGUISHED
TREASON (ART. 114) REBELLION (ART. 134) COUP D’ ETAT (ART. 134-A) SEDITION (ART. 139)
Crime against national Crime against public order Crime against public order Crime against public order
security
Breach of allegiance to the Raising of commotion of
government disturbances in the state
Levying war against the Public uprising and taking up Committed by means of a Rising publicly and
government or Adherence and arms against the government swift attack accompanied with tumultuously
giving aid or comfort to violation, intimidation, threat,
enemies strategy or stealth
Purpose is to deliver the Object is to overthrow and Purpose is to seize or diminish Objective is to violate public
government to the energy supersede existing state power peace
during war government
Offender is a Filipino citizen or Offender is any person Offender is person/s Offender is any persons
resident alien belonging to military or public
officer handling office or
employment


CHAPTER TWO: CRIMES AGAINST ART. 145: VIOLATION OF PARLIAMENTARY
IMMUNITY
POPULAR REPRESENTATION
ACTS PUNISHABLE
LEGISLATIVE BODIES AND SIMILAR (1) By using force, intimidation, threats, or frauds to prevent
BODIES any member of Congress from –
A. attending the meeting of the assembly or any of
its committees, constitutional commissions or
ART. 143: ACTS TENDING TO PREVENT THE committees or divisions thereof, or from
MEETING OF THE ASSEMBLY AND SIMILAR BODIES. B. expressing his opinions or
C. casting his vote
ELEMENTS:
ELEMENTS
(1) That the offender uses force, intimidation, threats
or fraud
(1) There be a projected or actual meeting of the National (2) That the purpose of the offender is to prevent any
Assembly or any of its committees or subcommittees, member of the national assembly from –  
constitutional committees or division thereof, or any a. Attending the meetings of the assembly or of
provincial board or city or municipal council or board; any of its subcommittees or
and b. Expressing his opinion; or
(2) Offender who may be any person prevents such c. Casting his vote
meeting by force or fraud.
(2) By arresting or searching any member thereof while
Any stranger, even if he be the municipal president himself Congress is in a regular or special session, except in case
or the chief of the municipal police, must respect the meeting such member has committed a crime punishable under
of the municipal council presided over by the vice president the code by a penalty higher than prision mayor
and he has no right to dissolve it through violence under the ELEMENTS:
pretext of lack of notice to some members of the council, (1) That the offender is a public officer or employee  
which was not apparent, but required an investigation (2) That he arrests or searches any member of
before it could be determined. [People vs Alipit] Congress  
(3) That Congress, at the time of arrest or search, is in
a regular or special  session  
ART. 144: DISTURBANCE OF PROCEEDINGS (4) That the member searched has not committed a
crime punishable under  the code by a penalty
higher than prision mayor
ELEMENTS
Note:
(1) There be a meeting of the National Assembly, its • Parliamentary Immunity Sec. 11. Article VI 1987
committees or subcommittees, constitutional Constitution; It does not protect members from
commissions or committees or divisions thereof, or of
responsibility before the legislative body itself
any provincial board or city or municipal council or
[Osmena Jr. vs Pendatun]
board; and
(2) The offender does any of the following acts: • Offense punishable by penalty of prision
A. disturbs any of such meetings; correcional (6months and 1day to 6years) or lower;
B. behaves so as to interrupt its proceedings or to Members of Congress are immune from arrest
impair the respect due it, while in the presence of while congress is in session.
such bodies. • Offense punishable by penalty of prision mayor
(6years and 1day to 12years) or higher; Legislator
Note: may be arrested even while congress is in session.
• One who disturbs the proceedings of the National
Assembly may also be punished for contempt by the Note: To be consistent with the 1987 Constitution,
Assembly [Lopex vs de los Reyes}. the phrase “by a penalty higher than Prision
• The complaint for disturbance of proceedings may be Mayor” in Art. 145 should be amended to read “by
filed by a member of a legislative body [People vs the penalty of Prision Mayor or higher.”
Lapid].
SECTION 2: VIOLATION OF CHAPTER THREE: ILLEGAL ASSEMBLIES

PARLIAMENTARY IMMUNITY AND ASSOCIATION


ART. 146: ILLEGAL ASSEMBLIES
IF ANY PERSON CARRIES UNLICENSED FIREARM:
MEETING (1) It is presumed that the purpose of the meeting insofar

as he is concerned, is to commit acts punishable under
A gathering or group, whether in a fixed place or moving. the Code; and
(2) He is considered as a leader or organizer of the
ILLEGAL ASSEMBLIES meeting.
(1) A meeting attended by armed persons for the purpose

of committing any of the crimes punishable under this ART. 147: ILLEGAL ASSOCIATIONS.
Code.
ILLEGAL ASSOCIATIONS:
ELEMENTS:
(1) Those totally or partially organized for the purpose of
committing any of the crimes punishable under this
A. Meeting, gathering or group of persons whether
in a fixed place or moving Code; and
B. Purpose: to commit any of crimes punishable (2) Those totally or partially organized for some purpose
contrary to public morals.
under the code
C. Attended by at least 4 armed persons
“PUBLIC MORALS”
(2) A meeting in which the audience, whether armed or
not, is incited to the commission of the crimes of treason, Acts that affect the interest of society and public
sedition or assault upon a person in authority or his convenience. It is not confined to the limited concept of
“good customs” and covers a system of judicial precepts
agent.
founded on human nature that regulate public convenience.
ELEMENTS: It refers to acts that are in accordance with natural and
positive laws.
(1) Meeting, gathering or group of persons whether in a
fixed place or moving   PERSONS LIABLE:
(2) Audience whether armed or not, is incited to the
commission of the crime of  treason, rebellion or (1) The founders, directors and president; and
insurrection, sedition or direct assault. (2) The members
PERSONS LIABLE:
(1) The organizers or leaders thereof; (law imposes a ILLEGAL ASSEMBLY ILLEGAL
heavier penalty upon the organizers or leader) and ARTICLE 146 ASSOCIATION
(2) Those merely attending ARTICLE 147
There is an actual meeting Not necessary that there
is a meeting
Presumption: Where a person carries an unlicensed firearm Act of forming or It is the meeting and the
in said meeting: organizing and attendance at such that
a. That the purpose of the meeting as so far as he is membership in the are punished
concerned, is to commit acts punishable under this association
Code; and Persons liable: leaders and Founders, directors,
b. He shall be considered as the leader or organizer those present president and members
of the meeting. Purpose is to commit May also include crimes
felonies under the RPC; if punishable under
Note however that not all present at the meeting of the first not armed, individuals are special laws.
form of illegal assembly must be armed. incited to commit treason,
rebellion, sedition or assault
Those, who by means of speeches, printed matter or other upon a person in authority
means of representation appear to have instigated the or his agent.
proceeding are the leaders or organizers of the meeting.
RESPONSIBILITY OF PERSONS MERELY PRESENT AT

THE MEETING:
(1) If they are not armed: Arresto Mayor;

(2) If they carry arms like bolos or knives, or licensed
firearms: Prision Correccional.


(2) when the offender is a public officer or employee
CHAPTER FOUR: ASSAULT UPON, AND (3) when the offender lays hand upon a person in
RESISTANCE AND DISOBEDIENCE TO, authority
PERSONS IN AUTHORITY AND THEIR
When the person in authority or the agent provoked or
AGENTS attacked first, the innocent party is entitled to defend himself
and cannot be held liable for assault or resistance, neither for
physical injuries, because he acts in legitimate self-defense.
ART. 148: DIRECT ASSAULTS
(Bar 2001, 2006)
DIRECT ASSAULT
FORMS OF DIRECT ASSAULT
Intends to punish acts that are done in the spirit of
lawlessness for the first form of direct assault, or contempt
1 form – Without public uprising, by employing force or
st
or hatred for the authority or the rule of law in the second
intimidation for attaining rebellion or sedition form of direct assault.
ELEMENTS: Example:
(1) That the offender employs force or intimidation.
The only time when it is not complexed with material
(2) That the aim of the offender is to attain any of the consequence is a light felony, that is, slight physical injury.
purposes of the crime of rebellion or any of the
objects of the crimes of sedition. Direct assault absorbs the lighter felony; the crime of direct
assault cannot be separated from the material result of the
(3) That there is no public uprising act.
• It is not necessary that the offended party in DURING: DIRECT ASSAULT

the first form be a person in authority or his
agent. The stature of the offended person is It is enough that the offender knew that the person in
immaterial. The crime is manifested by the authority was performing an official function whatever may
spirit of lawlessness. be the reason for the attack, although what may have
• Accused prevents by force, the holding of a happened was a purely private affair.
popular election in certain precincts, without
public uprising. May simply be the material consequence of the unlawful act:
murder or homicide
2 form - Without public uprising, by attacking, by
nd
employing force, or by seriously intimidating or seriously For the crime to be direct assault, the attack must be by
resisting any person in authority or his agents, while reason of his official function in the past. Hence, it is not
engaged in the performance of official duties necessary that the person in authority or his agent is in the
actual performance of his official duty when attacked or
ELEMENTS: seriously intimidated.
(1) That there is no public uprising
There can be no direct assault upon or disobedience to one
(2) The offender – makes an attack, employs force, authority by another when they both contend in the exercise
makes a serious intimidation, or makes a serious of their respective duties.
resistance.
Two kinds of assault in the second form:
(3) The person assaulted is a person in authority or ● Simple
his agent. ● Qualified
(4) At the time of the assault the person in authority BAR 2000
or his agent is engaged in the actual performance DIRECT ASSAULT WITH
of official duties (motive is not essential), or that MURDER/HOMICIDE
MURDER/HOMICIDE
he is assaulteby reason of the past performance of
A judge was killed while The offender killed the judge
official duties (motive is essential).
walking home, because because the judge is so strict
of an unpaid debt. in the fulfillment of his duty.
(5) The offender knows that the one he is assaulting is
a person in authority or his agent in the exercise of
ART. 149: INDIRECT ASSAULTS
his duties.
QUALIFIED DIRECT ASSAULT ELEMENTS
(1) when the assault is committed with a weapon (3) A person in authority or his agent is the victim of any
of the forms of direct assault defined in Article 148;


(4) A person comes to the aid of such authority or his constitute contempt of the National Assembly.
agent; and • Only disobedience without legal excuse is punishable
(5) Offender makes use of force or intimidation upon such (Arnault v. Nazareno, 1950)
person coming to the aid of the authority or his agent. • Art. 150 may not apply when the papers or documents
may be used in evidence against the owner thereof,
Note: because it would be equivalent to compelling him to be
o There is no indirect assault when there is no direct witness against himself (Uy Kheytin v. Villareal, 1920).
assault.
o Due to the amendment of Article 152, without the
corresponding amendment in Article 150, the crime of ART. 151: RESISTANCE AND DISOBEDIENCE TO A
indirect assault can only be committed when assault is PERSON IN AUTHORITY OR THE AGENTS OF SUCH
upon a civilian giving aid to an agent of the person in PERSON.
authority. He does not become another agent of the
(Bar 2001,2006)
person in authority.
ELEMENTS OF RESISTANCE AND SERIOUS
Illustration:
DISOBEDIENCE, 1ST PARAGRAPH
o It is not indirect assault if a private individual who is
aiding a policeman in making a lawful arrest is
attacked by the person to be arrested. This is because (1) A person in authority or his agent is
the policeman who is being aided is not a victim of engaged in the performance of official duty or gives a
direct assault. lawful order to the offender;
o The private individual in such a case is not coming to (2) Offender resists or seriously disobeys such person in
the aid of a person in authority, the policeman being authority or his agent;
an agent of a person in authority under Art. 152, par. 2. (3) The act of the offender is not included in the provision
Hence, the crime is also not direct assault, the person of Articles148, 149 and 150.
attacked not being an agent of a person in authority.
ELEMENTS SIMPLE DISOBEDIENCE, 2ND

ART. 150: DISOBEDIENCE TO SUMMONS ISSUED BY PARAGRAPH
CONGRESS, ITS COMMITTEES OR SUBCOMMITTEES,
BY THE CONSTITUTIONAL COMMISSIONS, ITS
(4) An agent of a person in authority is engaged in the
COMMITTEES, SUBCOMMITTEES OR DIVISIONS.
performance of official duty or gives a lawful order to
the offender;
ACTS PUNISHED (5) Offender disobeys such agent of a person in authority;
(6) Such disobedience is not of a serious nature.
(1) By refusing, without legal excuse, to obey
summons of Congress, its special or standing The order given must be lawful; otherwise, the resistance is
committees and subcommittees, the Constitutional justified. When the attack or employment of force is not
Commissions and its committees, subcommittees, or deliberate, the crime is only resistance or disobedience.
divisions, orby any commission or committee chairman
or member authorized to summon witnesses; Bar 2001
(2) By refusing to be sworn or placed under RESISTANCE /
affirmation while being before such legislative or SERIOUS DIRECT ASSAULT
constitutional body or official; DISOBEDIENCE ARTICLE 148
(3) By refusing to answer any legal inquiry or to produce ARTICLE 151
any books, papers, documents, or records in his The person in The person in authority or his
possession, when required by them to do so in the authority or his agent agent must be engaged in the
exercise of their functions; must be in actual performance of official duties or
(4) By restraining another from attending as a witness in performance of his that he is assaulted by reason
such legislative or constitutional body; or duties. thereof.
(5) By inducing disobedience to a summons or refusal to be Committed only by (The 2nd form) is committed in
sworn by any such body or official. resisting or seriously four ways: 1) attacking, 2)
disobeying a person employing force, 3) seriously
Note: in authority or his intimidating, 4) seriously
• The National Assembly is now the Congress of the agent. resisting a person in authority or
Philippines, consisting of the Senate and the House of his agent.
Representatives.
• Power of inquiry, with process to enforce it, is an
essential and appropriate auxiliary to the legislative
functions
• But when the investigation is for the purpose of passing
a legislative measure, such investigation comes under
the province of the committee of the House or Senate.
• Any of the acts punished by Art. 150 may also


(Against an agent) (Against an agent) The attack or (5) Persons charged with the supervision of public or
There is force employment of force which gives duly recognized private schools, colleges and
employed, but the use rise to the crime of direct assault universities
of force in resistance must be serious and deliberate; (6) Lawyers in the actual performance of their
is not so serious, as otherwise, even a case of simple professional duties or on the occasion of such
there is no manifest resistance to an arrest, which performance
intention to defy the always requires the use of force
law and the officers of some kind, would constitute AGENT OF PERSON IN AUTHORITY
enforcing it. direct assault and the direct
assault and the lesser offense of Any person who, by direct provision of law/by
resistance or disobedience in Art. election/appointment by competent authority, is charged
151 would entirely disappear. with the maintenance of public order and protection and
security of life and property
If NO force is When the one resisted is a person
employed by the in authority, the use of any kind
(1) Barrio councilman
offender in resisting or degree of force will give rise to
(2) Barrio policeman
or disobeying a direct assault.
(3) Barangay leader
person in authority,
(4) Any person who comes to the aid of persons in
the crime committed
authority
is resistance or
serious disobedience
Section 388 of the Local Gov’t Code: “for purposes of the
under the first
RPC, the punong barangay, sangguniang barangay
paragraph of Art. 151.
members and members of the lupong tagamapayaan in
Intent is to defy the Intent is to defy the law each barangay shall be deemed as persons in authority in
authorities their jurisdictions, while other barangay officials and
members who may be designated by law or ordinance and
charged with the maintenance of public order, protection
Note: and the security of life, property, or the maintenance of a
o The act of lying on the road and refusing, despite the desirable and balanced environment, and any barangay
order of the PC Major to get out therefrom constitute member who comes to the aid of persons in authority shall
the crime of simple disobedience. be deemed agent of persons in authority.
o Picketing may be considered a nuisance if it
constitutes an obstruction to the free use of property so CHAPTER FIVE: PUBLIC DISORDERS
as substantially to interfere with the comfortable
enjoyment of life or property, or if it constitutes an
unlawful obstruction to the free passage or use, in the
customary manner, of a street.
THE CRIMES CLASSIFIED UNDER PUBLIC
o There was no peaceful picketing [People vs Macapuno].
DISORDERS:
o The accused bit a policeman on the right forearm and
gave him a blow in another part of the body, which
severely injured the policeman, and it required two (1) Tumults and other disturbances of public order. [Art. 153]
policemen to subdue him. He was guilty of resistance (2) Unlawful use of means of publication and unlawful
and serious disobedience [People vs Veloso]. utterances. [Art. 154]
o An attack or employment of force considered only as (3) Alarms and scandals. [Art. 155]
resistance or serious disobedience When the attack or (4) Delivering prisoners from jails. (Art. 156)
employment of force was not serious and deliberate
and was only done to resist and not to purposely ART. 153: TUMULTS AND OTHER DISTURBANCE OF
injure the person in authority or his agent. [People v. PUBLIC ORDERS; TUMULTUOUS DISTURBANCE OR
Cauan] INTERRUPTION LIABLE TO CAUSE DISTURBANCE.
ART. 152: PERSONS IN AUTHORITY AND AGENTS OF ACTS PUNISHED:

PERSONS IN AUTHORITY; WHO SHALL BE DEEMED
AS SUCH. (1) Causing any serious disturbance in a public place,
office or establishment;
(2) Interrupting or disturbing performances, functions or
PERSONS IN AUTHORITY gatherings, or peaceful meetings, if the act is not
included in Articles 131 and 132;
Any person directly vested with jurisdiction, whether as an (3) Making any outcry tending to incite rebellion or
individual or as a member of some court or governmental sedition in any meeting, association or public place;
corporation, board or commission. (4) Displaying placards or emblems which provoke a
disturbance of public order in such place; and
(1) Barangay captain (5) Burying the pomp the body of a person who has been
(2) Barangay chairman legally executed.
(3) Teachers
(4) Professors


The essence is creating public disorder. The crime is brought real printer's name, or which are classified as
about by creating serious disturbances in public places, anonymous.
public buildings, and even in private places where public
functions or performances are being held. Actual public disorder or actual damage to the credit of the
State is not necessary. The mere possibility of causing such
If the act of disturbing or interrupting a meeting or religious danger or damage is sufficient.
worship is committed by a private individual, or even by a
public officer, but he is a participant in the meeting or The offender must know that the news is false. If the
religious worship which he disturbs or interrupts, Art. 153, offender does not know that the news is false, he is not liable
not Art. 131 or 132 (which punish the same acts if committed under this article, there being no criminal intent on his part.
by public officers who are not participants in the meeting or
religious worship), is applicable. If there is no possibility of danger to the public order or of
causing damage to the interest or credit of the state then Art.
If done unconsciously or without intent to incite the listeners 154 is not applicable.
to rise to sedition or rebellion, this article applies.
Example: Defendant distributed leaflets urging the people to
The “serious disturbance” in the first act punished must be disobey and resist the execution of that portion of the
planned or intended. National Defense Act requiring compulsory training.
The penalty next higher in degree shall be imposed upon The crime is not inciting to sedition. The acts charged which
persons causing any disturbance or inuption of a are subversive in nature fall under paragraph 2 of Art. 154.
tumultuous character. (People vs. Arogante)
It is “tumultuous” if caused by more than three persons who RA No. 248 prohibits the reprinting, reproduction or
are armed or provided with means of violence. republication of government publications and official
documents without previous authority.
“Armed” does not refer to bearing firearms but includes even
big stones, anything that is capable of causing grave injury. ART. 155: ALARMS AND SCANDALS.
“Outcry” means shouting provocative or subversive words

ACTS PUNISHED:
tending to stir up the people to obtain, by means of force or
violence, any of the objects of rebellion or sedition. (1) Discharging any firearm, rocket, firecracker, or other
explosives within any town or public place calculated
If a convict legally put to death is buried with pomp, it is
to cause alarm or danger;
also disturbance of public order. He should not be made out
(2) Instigating or taking active part in any charivari or
as a martyr, as it might incite others to hatred.
other disorderly meeting offensive to another or
prejudicial to public tranquility.
The one who fired the submachine gun committed two (3) Disturbing the public peace while wandering about at
offenses: causing serious disturbance in a public place, the
night or while engaged in any other nocturnal
people present becoming panicky and terrified, and serious
amusement;
physical injuries through reckless imprudence), although
(4) Causing any disturbance or scandal in public places
they arose from the same act of the offender. (People vs.
while intoxicated or otherwise, provided the act is not
Bacolod, 1951) covered by Art 153 (tumult)
ART. 154: UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL UTTERANCES.
In the first act punished, the discharge of the firearm should
not be aimed at a person; otherwise the offence would fall
ACTS PUNISHED: under Art. 254. punishing the discharge of firearm.
(1) Any person who by means of printing, lithography, or Mere discharge of firearm towards another with intent to kill
any other means of publication shall publish or cause to already amounts to attempted homicide or attempted
be published as news any false news which may murder or attempted parricide. It cannot be frustrated
endanger the public order, or cause damage to the because the offended party is not mortally wounded.
interest or credit of the State;
(2) Any person who by the same means, or by words, It is the result, not the intent that counts. The act must
utterances or speeches shall encourage disobedience to produce arm or danger as a consequence.
the law or to the constituted authorities or praise,
justify, or extol any act punished by law; In the opinion of Viada, [3 Viada, Codigo Penal, 4th Ed.] this
(3) Any person who shall maliciously publish or cause to article does not apply for firecrackers and rockets discharged
be published any official resolution or document during fiestas or festive occasions.
without proper authority, or before they have been
published officially; or Even if the persons involved are engaged in nocturnal
(4) Any person who shall print, publish, or distribute or activity like those playing patintero at night, or selling balut,
cause to be printed, published, or distributed books, if they conduct their activity in such a way that disturbs
pamphlets, periodicals, or leaflets which do not bear the


public peace, they may commit the crime of alarms and
DELIVERY OF INFIDELITY IN THE
scandals.
PRISONERS FROM JAILS CUSTODY OF
ARTICLE 156 PRISONERS
Scandal here does not refer to moral scandal, as that one is
grave scandal in Art. 200. The essence of the crime is Any person – private citizen Any person – private
disturbance of public tranquility. and public officer citizen and public officer
“Charivari”
A mock serenade wherein the supposed serenaders use Helps convict or detention Helps convict or
broken cans, broken pots, bottles or other utensils, creating prisoner detention prisoner
discordant notes. It is actually producing noise, not music.
If the annoyance is intended for a particular person, the Offender is NOT THE Offender has CUSTODY
crime is unjust vexation. CUSTODIAN of the prisoner of the prisoner at the
or not at the time the time of escape
The act of a person who hurled a general insult at prisoner was made to escape
everybody, there being 30 persons in the hall, and
challenged the owner of the billiard hall to a fight, causing May be held an accessory May be held an accessory
commotion and disorder so that the billiard game had to be
stopped momentarily, constitutes merely a violation of Art.
155, part. 4, not of Art. 153. While the billiard hall is a public LIABILITY OF THE PRISONER OR DETAINEE WHO
place, there was no serious public disorder. [People vs. ESCAPED:
Gangay (CA, 40 OG Supp. 12, 171)]
CONVICT SERVING SENTENCE BY FINAL JUDGMENT
ART. 156: DELIVERY OF PRISONER FROM JAILS.
The crime of evasion of service of sentence is committed by
ELEMENTS: the prisoner who escapes, if such prisoner is a convict
serving sentence by final judgment.
(1) There is a person confined in a jail or penal
establishment; and ONLY A DETENTION PRISONER
(2) Offender removes therefrom such person or helps the If the prisoner who escapes is only a detention prisoner, he
escape of such person. does not incur liability from escaping if he does not know of
the plan to remove him from jail. But if he knows and
The person confined may be a mere detention prisoner. Of cooperates therein by escaping, he himself becomes liable for
course, the prisoner may also be by final judgment. delivering prisoners from jail as a principal by indispensable
cooperation.
A hospital or asylum is considered an extension of the penal
institution. IF THREE PERSONS ARE INVOLVED
The offender is usually an outsider. But the provision does A stranger, the custodian and the prisoner – three crimes are
not exclude public officers, therefore, offenders may be committed:
private persons or public officers. • Infidelity in the custody of prisoners;
• Delivery of prisoners from jail; and
Violence, intimidation or bribery is not necessary, but if such • Evasion of service of sentence.
was employed, the penalty is higher.
The person who substituted for a prisoner by taking his
Correlate the crime of delivering persons from jail with place in jail is liable under this article because the removal of
infidelity in the custody of prisoners punished under the prisoner from jail is by other means, that is, by deceit.
Articles 223, 224 and 225.
A policeman assigned to the city jail as a guard, who, while
Crime under Art. 156 is committed by a public officer when he was off duty, brought recently released prisoner inside
he is not the custodian of the prisoner at the time the the jail to substitute for a detention prisoner who he later on
prisoner was made to escape. brought out of jail, returning said prisoner inside the jail
after 5 hours, may be held liable under this crime. [ People vs.
If the public officer has the custody of the prisoner when Del Barrio (CA, 60 OG 3908)]
such prisoner escaped he is liable under Art. 223 for
Infidelity in the custody of a prisoner.
CHAPTER SIX: EVASION OF SERVICE OF
If the accused removed from jail or penal establishment a SENTENCE
person confined therein or helped the latter’s escape by
means of violence, intimidation, or bribery, the penalty is
higher. Hence, it is not an element of the offense.


On unlawful entry: The crime is committed is qualified if
THREE KINDS OF EVASION OF THE SERVICE OF THE committed by climbing or scaling the wall, as the Spanish
SENTENCE: text uses the word “escalamiento.”
(1) Evasion of service of sentence by escaping during the The appellant is guilty of evasion of service of sentence, in
term of his sentence. [Art. 157] that during the period of his sentence of destierro by virtue
(2) Evasion of service of sentence on the occasion of of final judgment wherein he was prohibited from entering
disorders. [Art. 158] the City of Manila, he entered said city. People vs. Abilong
(3) Other cases of evasion of service of sentence, by (1948)
violating the conditions of conditional pardon. [Art.
159] ART. 158: EVASION OF SERVICE OF SENTENCE ON
THE OCCASION OF DISORDER, CONFLAGRATIONS,
ART. 157: EVASION OF SERVICE OF EARTHQUAKES, OR OTHER CALAMITIES.
SENTENCE.
ELEMENTS:
ELEMENTS: (1) Offender is a convict by final judgment who is confined

in a penal institution;
(1) Offender is a convict by final judgment; (2) There is disorder, resulting from –
(2) He is serving sentence, which consists in the A. Conflagration;
deprivation of liberty; and B. Earthquake;
(3) He evades service of his sentence by escaping during C. Explosion; or
the term of his imprisonment. D. Similar Catastrophe; or
E. Mutiny in which he has not participated;
QUALIFYING CIRCUMSTANCES AS TO PENALTY (3) He evades the service of his sentence by leaving the
IMPOSED: penal institution where he is confined, on the occasion
of such disorder or during mutiny; and
If such evasion or escape takes place – (4) He fails to give himself up to the authorities within 48
• By means of unlawful entry; hours following the issuance of proclamation by the
• By breaking doors, windows, gates, walls, roofs, or Chief Executive announcing the passing away of such
floors; calamity.
• By using picklock, false keys, disguise, deceit, violence
or intimidation; or Although Art. 158 is silent, it is required that the convict
• Through connivance with other convicts or employees must be one by final judgment, because only a convict by
of the penal institution. final judgment can “evade the service of his sentence”.
The crime of evasion of service of sentence can be committed The leaving from the penal establishment is not the basis of
only by a convict of final judgment. If the accused escaped criminal liability, but the failure to return within 48 hours
while the sentence of conviction was under appeal, he is not after the passing of the calamity, conflagration or mutiny
liable under Art. 157, the judgment not having been final, had been announced.
and this is true even if his appeal was later dismissed
because he had escaped. [Curiano vs. CFI (1955)] Those who return within 48 hours are given credit or
deduction from the remaining period of their sentence
equivalent to 1/5 of the original term of the sentence not to
Art. 157 is not applicable in sentence executed by
exceed 6 months.
deportation because the convict was not sentenced to
imprisonment. Art. 157 is applicable in destierro because
But if the prisoner fails to return within said 48 hours, an
destierro is a deprivation of liberty, though partial.
added penalty, also 1/5 shall be imposed, but the 1/5
penalty is based on the remaining period of sentence, not on
In leaving or escaping from jail or prison, that the prisoner
the original sentence.
immediately returned is immaterial.
But if the prisoner decided to stay despite the chance to
His voluntary return may only be mitigating, being
evade, he will not be entitled for the 1/5 deduction.
analogous to voluntary surrender. But the same will not
absolve his criminal liability.
The mutiny referred here involves subordinate personnel
rising against the supervisor within the penal establishment
Detention prisoners are not convicts by final judgment since
and does not include riot. One who escapes during a riot will
they are only detained pending the investigation or the trial
be subject to Article 157.
of the case against them.
In mutiny, the convict serving sentence in the penitentiary
Minor delinquents confined in a reformatory institution are
should not have taken part in the mutiny.
not convicts because the sentence is suspended.
If the sentence violated is destierro, the penalty upon the
convict is to be served by way of destierro also, not
imprisonment.


6 years that the convict shall then suffer the unexpired
The penalty for the evasion cannot be more severe than the portion of his original sentence. Since destierro has a
penalty evaded. duration of 6 months and 1 day to 6 years, under no
circumstance may the penalty for violation of the conditional
ART. 159: OTHER CASES OF EVASION OF SERVICE OF pardon be destierro.
SENTENCE.
In the case of People vs. Jose (1945), Violation of the
conditional pardon is not substantive offense because the
ELEMENTS:
penalty imposed for such violation is the unexpired portion
of the punishment in the original sentence.
(1) Offender was a convict;
(2) He was granted pardon by the Chief Executive; and
(3) He violated any of the conditions of such pardon. Dissenting Opinion (Ozaeta)
It is a substantive offense because the penalty therefor is no

CONDITIONAL PARDON IS A CONTRACT.
longer necessarily the remitted portion of the sentence, for
A conditional pardon is a contract between the Chief when the unexpired portion is less than six years the convict
Executive, who grants the pardon and the convict, who who violates the conditions of the pardon shall suffer the
penalty of prision correctional in its minimum period.
accepts it. Since it is a contract, the pardoned convict is
bound to fulfill its conditions and accept all its
Offender must be found guilty of subsequent offence before
consequences, not as he chooses, but according to its strict
terms. [People vs. Pontillas, 1938] he can be prosecuted under Art. 159.
ART. 160: COMMISSION OF ANOTHER CRIME

TWO PENALTIES ARE PROVIDED FOR IN THIS
DURING SERVICE OF PENALTY IMPOSED FOR
ARTICLE:
ANOTHER OFFENSE.
1.) Prison correccional in its minimum period- if the penalty
remitted does not exceed 6 years.
2.) The unexpired portion of his original sentence- if the ELEMENTS:
penalty is higher than 6 years.
(1) Offender was already convicted by final judgment of
The violation of a conditional pardon is a distinct crime. The one offense;
violation of a conditional pardon is committed in the place (2) He committed a new felony before beginning to serve
where the subsequent offence is perpetuated. such sentence or while serving the same.
The court cannot require the convict to serve the unexpired The second crime must be a felony. But the first crime for
portion of his original sentence, if it does not exceed six which the offender is serving sentence need not be a felony.
years. Article 159 does not provide that the accused shall Thus, if a prisoner serving sentence for one crime is found to
serve such. The remedy is left to the President who has the be in possession of a firearm without a license, this article
authority to recommit him to serve the unexpired portion of does not seem to apply because the law punishing illegal
his original sentence. possession of firearm is a special law.
In violation of a conditional pardon, as a rule, the violation The new offense need not be of different character from that
will amount to this crime only if the condition is violated of the former offense.
during the remaining period of the sentence.
Quasi-recidivism is a special aggravating circumstance
There will be no more criminal liability for the violation if where a person, after having been convicted by final
the condition of the pardon is violated when the remaining judgment, shall commit a new felony before beginning to
unserved portion of the sentence has already lapsed. serve such sentence, or while serving the same.
However, the convict may be required to serve the unserved He shall be punished by the maximum period of the penalty
portion of the sentence, that is, continue serving the original prescribed by law for the new felony.
penalty.
In order that the conditional pardon may be violated, it is The special aggravating circumstance of quasi-recidivism
conditional that the pardonee received the conditional cannot be offset by any ordinary mitigating circumstance
pardon. because Art. 160 specifically provides that the offender
“shall be punished by the maximum period of the penalty
If he is released without conformity to the conditional prescribed by law for the new felony.”
pardon, he will not be liable for the crime of evasion of
sentence. But if he is a minor under 16, the penalty can be lowered by
at least one degree. Minority is a privileged mitigating
Under Art. 159, when the sentence remitted by the circumstance.
conditional pardon does not exceed six years, the penalty of
the grantee who violates any of the conditions of such When he is a habitual criminal, a quasi-recidivist may not be
pardon is prison correccional in its minimum period. It is pardoned even if he has reached the age of 70, and already
only when the penalty remitted by the pardon is higher than served out his original sentence.


Art. 165. Selling of False or Mutilated Coin, Without
Connivance
Quasi Habitual Quasi Habitual Section 3: Forging treasury or bank notes, obligations and
Recidivis Delinque Recidivis Delinque securities; importing and uttering false or forged notes,
m ncy m ncy obligations and securities.
Crimes Convicte Convicte Crimes Convicte Art. 166. Forging treasury or bank notes on other
committ d of a d thrice committe d of a documents payable to bearer; importing, and uttering such
ed felony or of the d felony or false or forged notes and documents
offense crimes offense Art. 167. Counterfeiting, importing and uttering
by final specified: by final instruments not payable to bearer
judgment judgment Art. 168. Illegal possession and use of false treasury or bank
. . notes and other instruments of credit
Period Within 10 Art. 169. How forgery is committed
of time years Section 4: Falsification of legislative, public, commercial,
the from his and private documents, and wireless, telegraph, and
crimes last telephone message.
are release or Art. 170. Falsification of legislative documents
committ convictio Art. 171. Falsification by public officer, employee or notary
ed. n or ecclesiastic minister
Numbe Commits Guilty The The Art. 172. Falsification by private individual and use of
r of a felony the third second previous falsified documents
crimes before or time or convictio and Art. 173. Falsification of wireless, cable, telegraph and
committ while oftener. n for an subseque telephone messages, and use of said falsified messages
ed. serving offense nt Section 5: Falsification of medical certificates, certificates of
sentence. embraced offenses merit or services and the like.
in the must Art. 174. False medical certificates, false certificates of
same title NOT be merits or service, etc.
of this embraced Art. 175. Using false certificates
Code. in the Section 6: Manufacturing, importing and possession of
same title instruments or implements intended for the commission of
of the falsification.
Code. Art. 176. Manufacturing and possession of instruments or
Their Special An If not Not implements for falsification
effects Aggravat additiona offset by always an Chapter Two: Other Falsification
ing; Max l penalty any aggravati Section 1: Usurpation of authority, rank, title, and improper
Penalty. shall be mitigatin ng use of names, uniforms and insignia.
imposed. g circumsta Art. 177. Usurpation of authority or official functions
circumsta nce. Art. 178. Using fictitious name and concealing true name
nce, Art. 179. Illegal use of uniforms or insignia
increase
Section 2: False Testimony.
the
Art. 180. False testimony against a defendant
penalty
Art. 181. False testimony favorable to the defendants
only to
Art. 182. False testimony in civil cases
the
Art. 183. False testimony in other cases and perjury in
maximu
solemn affirmation
m.
Art. 184. Offering false testimony in evidence
Chapter Three: Frauds
Section 1: Machinations, monopolies and combinations.
Art. 185. Machinations in public auctions.
Art. 186. Monopolies and combinations in restraint of
CRIMES AGAINST PUBLIC INTEREST trade.
Section 2: Frauds in commerce and industry.
Art. 187. Importation and disposition of falsely marked
Chapter One: Forgeries articles or merchandise made of gold, silver, or other
Section 1: Forging the seal of the Government of the precious metals or their alloys
Philippine Islands, the signature or stamp of the Chief Art. 188. Subsisting and altering trade-mark, trade-names,
Executive. or service marks
Art. 161. Counterfeiting the great seal of the Government of Art. 189. Unfair competition, fraudulent registration of
the Philippine Islands, forging the signature or stamp of the trade-mark, trade-name or service mark, fraudulent
Chief Executive designation of origin, and false description
Art. 162. Using forged signature or counterfeit seal or stamp
Section 2: Counterfeiting coins.
Art. 163. Making and Importing and Uttering False Coins
Art. 164. Mutilation of Coins


CHAPTER ONE: FORGERIES
(1) Existence of false or counterfeited coins;
(2) Offender made or imported or uttered such coins;
(3) In case of uttering such false coins, he connived with
SECTION 1: FORGING THE SEAL OF THE counterfeiters or importers.
GOVERNMENT OF THE PHILIPPINE
ISLANDS, THE SIGNATURE OR STAMP OF COIN
THE CHIEF EXECUTIVE
Piece of metal stamped with certain marks and made current
at a certain value.
ART. 161. COUNTERFEITING THE GREAT SEAL OF
THE GOVERNMENT OF THE PHILIPPINE INSLANDS, COUNTERFEITING
THE SIGNATURE OR STAMP OF THE CHIEF
EXECUTIVE The imitation of a design of a legal or genuine coin.
ACTS PUNISHED: COUNTERFEIT COIN
(1) Forging the great seal of the Government of the Not authorized by the government as legal tender,
Philippines; regardless of its intrinsic value.
(2) Forging the signature of the President;
There is counterfeiting when a spurious coin is made. There
Counterfeiting, or making an imitation of the signature must be an imitation of the peculiar design of a genuine coin.
of the Chief Executive on what is made to appear as an [US vs. Basco, 6 PHIL 110]
official document.
IMPORTATION
If the signature was placed in a blank document, and
the document was written above it, then it is not The bringing of fake coins into port.
punishable under Art. 161. but Art. 171 or 172.
Importation is complete before entry at the Customs House.
(3) Forging the Stamp of the President. [US vs. Lyman, 26 Fed. Cas. 1024]
To utter is to pass counterfeited coins, including their
Custody of the great seal of the Government of the delivery or the act of giving them away. [Decisions of the
Philippines: Supreme Court of Spain of January 11, 1913]
Sec. 19 of the Revised Administrative Code: The Great Guarantee of the State: that the currency is backed up by
Seal shall remain in the custody of the President and something of value.
shall be affixed to or placed upon all commissions
signed by him, other official documents and papers, or Counterfeiting demonetized coins is still punishable. the
as may be required by custom and usage. intent of legislature in punishing the counterfeiting of coins
is not alone the harm caused to the public by the fact that a
ART. 162: USING FORGED SIGNATURE OR counterfeit may go into circulation, but the danger that a
COUNTERFEIT SEAL OR STAMP. counterfeiter produces by his stay in the country, and the
possibility that he may later apply his trade to the making of
coins in actual circulation. [People vs. Kong Leon]
ELEMENTS:
Counterfeiting of coins or blank notes which are not current
(1) The great seal of the Republic was counterfeited, or the is not an offense, the reason for such a rule is that no person
signature or stamp of the Chief Executive was forged is defrauded if the coin is not in circulation. However, in this
by another person; case, collectors were to be defrauded as the purpose of
(2) Offender knew of the counterfeiting or forgery; fabrication appeared to be the sale of such coins to the Moros
(3) Used the counterfeit seal or forged signature or stamp. who valued them as relics or rare objects. [People vs. Kong
Leon]
Offender under this article should not be the forger, he only
uses the forged effects. Whether it is the currency of the Philippines or the United
States, or any other foreign country, it will still be punishable
If the offender is the forger, Art. 161 will apply. [for acts described in Art. 163] as what is intended to be
protected are not only the coins but also the public in general
[People v. Tin Ching, 90 Phil. 870].
SECTION 2: COUNTERFEITTING COINS
ART. 164: MUTILATION OF COINS; IMPORTATION
ART. 163: MAKING AND IMPORTING AND UTTERING AND UTTERANCE OF MUTILATED COINS.
FALSE COINS.
ACTS PUNISHED:
ELEMENTS:


WHEREAS, Central Bank notes and coins are issued for
(1) Mutilating coins of the legal currency, with the further circulation as medium of exchange and to utilize them for
requirement that there be intent to damage or to other purposes does not speak well of the due respect and
defraud another; dignity befitting our currency; and
Requirement that the mutilation be done on coin that is WHEREAS, defacing, mutilating, tearing, or partially
LEGAL CURRENCY. [People vs Tin Ching Ting, G.R. L- burning or destroying our currency by any means renders it
4620] unfit for circulation, thereby unduly shortening its lifetime,
and such acts unfavorably reflect on the discipline of our
Must be a coin of the Philippines, not foreign. people and create a bad image for our country;
Offender gains from the precious metal dust abstracted That it shall be unlawful for any person to wilfully deface,
from the coin. mutilate, tear, burn or destroy, in any manner whatsoever,
currency notes and coins issued by the Central Bank of the
(2) Importing or uttering such mutilated coins IN Philippines;
CONNIVANCE WITH MUTILATORS OR
IMPORTERS. That any person who shall violate this Decree shall, upon
conviction, be punished by a fine of not more than twenty
Mutilation thousand pesos and/or by imprisonment of not more than
Take off part of the metal either by filing it or five years.
substituting it for another metal or inferior quality.
Punishes defacing or mutilating Philippine legal currency
Diminish by ingenious means the metal in the coin, to ● Paper/Notes
appropriate it. The coin’s intrinsic value diminishes. ● Coins
[People vs Tin Ching Ting, supra]
Without intent to collect dust from mutilation of coins.
(3) Mutilation is the only article which requires:
A. Legal Currency (“Legal Tender”) SECTION 3: FORGING TREASURY OR

B. Philippine Coin
BANK NOTES, OBLIGATIONS AND
ART. 165: SELLING OF FALSE OR MUTILATED COIN, SECURITIES; IMPORTING AND
WITHOUT CONNIVANCE. UTTERING FALSE OR FORGED NOTES,
OBLIGATIONS AND SECURITIES
ACTS PUNISHED:
ART. 166. FORGING TREASURY OR BANK NOTES ON
(1) Possession of a coin mutilated or counterfeited by OTHER DOCUMENTS PAYABLE TO BEARER;
another, with intent to utter, knowing that the coin is IMPORTING, AND UTTERING SUCH FALSE OR
false or mutilated; FORGED NOTES AND DOCUMENTS.
Constructive Possession included: Subjection of the

thing to one’s control. ACTS PUNISHED:
(2) Actually uttering such false or mutilated coin, knowing (1) Forging or falsification of treasury or bank note or other
the same to be false or mutilated. documents payable to bearer;
(2) Importation of false or forged obligations or notes;
As distinguished from Art. 164, there is no connivance (3) Uttering of false or forged obligations or notes, IN
required in Art. 165. CONNIVANCE with the forgers or importers.
If the coian was a false coin, such acts described in Art. 165 is
still punishable, even if the false coin was not of legal tender. FORGERY
BUT, if it was a MUTILATED COIN, it must be of LEGAL
TENDER for such acts to be punishable under Art. 165. The giving to a treasury or bank note or any instrument
payable to the bearer the appearance of a true and genuine
The offender must not be the counterfeiter. document. [Bar 1999]
If counterfeiter/mutilator is found in possession of the coins, FALSIFICATION

the offense of counterfeiting or mutilation. Possession is not
a separate offense. [Decision of the SC of Spain, June 28, 1877] The erasing, substituting, counterfeiting or altering by any
means, the figures, letters, words, or signs contained therein.
[Bar 1999]
PD 247: Prohibiting and Penalizing Defacement,
Mutilation, Tearing, Burning or Destruction of Central Example:
Bank Notes and Coins


Accused erased and changed the last digit 9 of Serial No. ART. 168: ILLEGAL POSSESSION AND USE OF FALSE
F79692619 of a genuine treasury note so as to read 0. [Del TREASURY OR BANK NOTES AND OTHER
Rosario vs People, 113 Phil. 626] INSTRUMENTS OF CREDIT.
(Bar 1999)
IMPORTATION
ELEMENTS:
The bringing notes forged or falsified in a foreign country
into the Philippines.
(1) Any treasury or bank note or certificate or other
obligations and securities either payable to bearer or
UTTERANCE
payable to order or other documents not payable to
bearer is forged or falsified by another person;
The offering obligations or notes as genuine, knowing them (2) Offender knows that such instrument is forged or
to be false or forged, with intent to defraud, whether the
falsified;
offer is accepted or not. [26 CJ 924]
(3) He performs any of the following:
a. USING any such forged/falsified instrument;
More severe penalties are meted out for forgeries and b. POSSESSING WITH INTENT TO USE such
falsifications of obligations of notes because these bring such instrument.
documents into discredit to the prejudice of the interests of
the State, and it is easier to accomplish such forgeries as
A person in possession of falsified documents and who
compared to making counterfeit coins. Also, more profit can
makes use of the same is presumed to be the material author
be derived from falsifying notes, etc. [Hence, penalties of the falsification. [People vs Sendaydiego, 82 SCRA 120]
depend on what kind of document is forged, or falsified.]
The burden of giving a satisfactory explanation of his
The Code punishes forging or falsification of bank notes and
possession of forged bills. [People vs Dela Roca, CA 40 OG
of documents of credit payable to bearer and issued by the
Supp. 5, 113]
State more severely than it does the counterfeiting of coins.
(US v. Gardner, 3 Phil. 403) Possession of false treasury or bank notes alone is not a
criminal offense, there must be intent to to use said false
treasury or bank notes. [People vs Digoro, G.R. No. L-22032]
Notes and other obligations that may be forged or falsified
under Art. 166:
Art. 168 includes possession of counterfeit US dollars. [People
(1) Treasury or bank notes; vs Perez CA- GR No. 12581- R, January 31, 1955]
(2) Certificates;
(3) Other obligations and securities payable to bearer;
ART. 169: HOW FORGERY IS COMMITTED.
(4) PNB checks are commercial documents and are (Bar 1999)
not covered by Art. 166. (People v. Samson, CA GR
12011-12-R, 1955)
ACTS PUNISHED:
ART. 167: COUNTERFEITING, IMPORTING AND
UTTERING INSTRUMENTS NOT PAYABLE TO (1) Forgery/Counterfeiting
BEARER. By giving to a treasury or bank note or any instrument the
appearance of a true genuine document.
ELEMENTS:
(2) Falsification
Erasing, substituting, counterfeiting or altering by any
(1) Existence of an instrument payable to order or other means the figures, letters, words or signs contained therein.
document not payable to bearer;
(2) Offender either forged, imported, or uttered such
One of the ways forgery can be accomplished is by erasing,
instrument; and
substituting, counterfeiting or altering by any means figures,
(3) In case of uttering, offender connived with the forger or
letters, words or signs contained therein. Possession of such
importer. forged notes knowingly is punishable. (Del Rosario vs. People)
PAYABLE TO ORDER
The unauthorized addition of the word “Victory” at the back
of the certificate was made for no other purpose than to give
Drawn payable to the order of a specified person or to him
to it the appearance of a true legal tender of the current bills,
or his order and negotiated by indorsement and delivery
and so cause its acceptance as legal tender. The forgery is
akin to, if not worse than, affixing a seal to a genuine
Application of Art. 167 is limited to instruments payable to
signature on a document which is invalid without a seal.
order.
(People vs. Galano)
This article covers foreign instruments from the government
The alteration or even destruction of demonetized paper
or the bank. bills would harm no one but the holder and would not
constitute a crime but for the utterance of the bill so altered.
Its utterance by giving it the appearance of a true and
genuine legal tender of the Victory series shows the


intention to deceive and defraud the Government in its duty fact made by them;
to protect not only the public but also the paper bills legally D. Making untruthful statements in a narration of
issued. facts
E. Altering true dates;
SECTION 4: FALSIFICATION OF F. Making any alteration or intercalation in a genuine
document which changes its meaning;
LEGISLATIVE, PUBLIC, COMMERCIAL,
G. Issuing in an authenticated form a document
AND PRIVATE DOCUMENTS, AND purporting to be a copy of an original document
WIRELESS, TELEGRAPH, AND when no such original exists, or including in such
TELEPHONE MESSAGE. a copy a statement contrary to, or different from,
that of the genuine original; or
H. Intercalating any instrument or note relative to the
issuance thereof in a protocol, registry, or official
ART. 170: FALSIFICATION OF LEGISLATIVE book
DOCUMENTS.
DOCUMENT
ELEMENTS:
Any writing or instrument by which a fact may be proven or
(1) A bill, resolution or ordinance enacted or approved or affirmed, rights and duties established. [People vs Moreno,
pending approval by either House, or any provincial CA, 38 OG 119]
board or municipal council;
(2) Offender alters the same; Documents that are genuine or real and those which are
(3) He has no proper authority to do so; and simulated or fabricated can be the subjects of falsification.
(4) The alteration has changed the meaning of the [People vs Tupasi, CA- GR. No. 290-292] (e.g. par. (f), second
document. part of par. (g), and (h) – documents must be genuine)
Art. 170 only punishes alteration without authority. All other Note: No crime of Estafa through falsification of PRIVATE
acts of falsification are punished under the next articles document because the two felonies have the same element:
the intent to damage. But there is Estafa through falsification
The bill, resolution or ordinance must be genuine. of PUBLIC Document
The offender can be a private or public individual/officer.

ACTS PUNISHED:
ART. 171: FALSIFICATION BY PUBLIC OFFICER,
EMPLOYEE OR NOTARY OR ECCLESIASTIC (1) Counterfeiting or imitating (feigning) any
MINISTER. handwriting, signature or rubric
Counterfeiting
ELEMENTS: An original signature or handwriting is imitated.
● Intent or attempt to imitate
(1) Offender is:
● The two signatures, genuine and forged, bear
A. public officer or employee;
some resemblance to each other [US vs
B. notary public;
Rampas, 26 Phil. 189]
C. ecclesiastical minister if he commits a falsification
affecting the civil status of persons;
Feigning
No original signature, handwriting or rubric, but a
(2) He takes advantage of his official position
forgery of a signature, etc. that does not exist.
A. offender has the duty to make or to prepare or
otherwise to intervene in the preparation of the No attempt to resemble original signature
document;
B. offender has the official custody of the document
Represent by a false appearance, to give a mental
which he falsifies [People vs Santiago Uy, 53 og
existence to, to imagine
7236]; and
C. if he did not take advantage of his official position,
If the genuine and the forged signature bear no
then Art. 172. resemblance to each other, action should be brought
under Par. 2.
(3) Falsifies a document by committing any of the
following:
(2) Causing to appear that persons have participated in
A. Counterfeiting or imitating any handwriting,
an act or a proceeding.
signature or rubric;
B. Causing it to appear that persons have
ELEMENTS:
participated in any act or proceeding when they
did not in fact so participate;
(1) Offender caused it to appear in a document
C. Attributing to persons who have participated in an
that a person or persons participated in an act
act or proceeding statements other than those in or a proceeding;


(2) Such person/s did not in fact so participate; authentication of a document can only be done by the
(3) Attributing to persons who have custodian.
participated in any act or proceeding, ● issuing in authenticated form a document
statements other than those in fact made by purporting to be a copy of an original when
them. no such original exists
Including in such a copy a statement contrary to or different

ELEMENTS:
from the genuine (requires genuine document).
(1) Person/s participated in an act or
proceeding;
Intercalating any instrument or note relative to the
(2) Person/s made statements in that act or
issuance
proceeding;
(1) Defacing original;
(3) Offender, in making the document, attributed
(2) Only for those who have custody.
to such person/s statements other than those
in fact made by them.
An Information must list down as many acts of falsification
as are applicable, but even if all are proven, the accused can
(3) Making untruthful statements in a narration of facts. be convicted only of one crime of falsification. An accused
cannot be convicted however, of falsification through an act
ELEMENTS: different from the one charged in the information.
(1) Offender makes in a document statements in
a narration of facts; ART. 172: FALSIFICATION BY PRIVATE INDIVIDUAL
(2) He has a legal obligation to disclose the truth AND USE OF FALSIFIED DOCUMENTS.
of the facts narrated by him;
(3) Facts narrated by the offender are absolutely
ACTS PUNISHED:
false; and
(4) Perversion of truth in the narration of facts
(1) Falsification of a public, official or commercial
was made with the wrongful intent of
document by a private individual;
injuring a third person*.
ELEMENTS:
Only a requirement if document falsified is a private
(1) Offender is a private individual or public officer or
document.
employee who did not take advantage of his
official position;
There must be a law requiring the disclosure of the truth,
(2) Committed any of the acts of falsification
and the person must be aware of the falsity. Hence, Good
enumerated;
faith is a defense.
(3) Falsification was committed in a public, official or
commercial document.
If there is COLORABLE TRUTH to the facts, then it is not
punished as facts must be ABSOLUTELY FALSE to be
FOUR KINDS OF DOCUMENT:
punished.
(1) Public
Wrongful intent not essential when the document falsified is
a. Created, executed, issued by a public
public document and done by a public officer.
official in response to the exigencies of
public service; OR any instrument
ALTERING TRUE DATES
authorized by a notary public or a
competent public official, with the
Only when the date is essential, affecting either the veracity
solemnities required by law. [US vs
of the document or the effects thereof (i.e. dates of birth,
Asensi 34 Phil 765]
marriage and death, check)
(2) Official
Making alterations or intercalations in a genuine
a. Document issued by a public official in
document which changes its meaning
the exercise of the functions of his office
[US vs Asensi, supra]
Change or insertion must affect the integrity or effects of the
document. Furthermore, the alteration should make the
(3) Private
document speak something false. Otherwise, it would
a. Deed or instrument executed by a
merely be a correction.
private person without the intervention
of a notary public or any other
Issuing in authenticated form a document purporting to be
individual authorized to so. [US vs
a copy of an original, when no such original exists, or
Orera, 11 Phil. 596]
including in such a copy a statement contrary to or
different from, that of the genuine.
(4) Commercial
a. Used by merchants or businessmen to
Can be committed only by a public officer or notary public
promote or facilitate trade or credit
who takes advantage of his official position, since
transactions [People vs Co Beng CA 40 OG
1913]


If the person who used the falsified document is the same
b. Element of damage is unnecessary person who falsified it, the crime is only falsification and
because of the nature of the documents the use of the same is NOT a SEPARATE CRIME.
involved; damage is presumed to be
against public interest. PRESUMPTIONS:
Since damage is not an element of falsification of a (1) A person in possession of the falsified document is
public document, it could be complexed with presumed to be the author thereof;
estafa as a necessary means to commit the latter. (2) The user of the falsified document is deemed the author
of the falsification if:
Good faith is a defense.
A. The use was so closely connected in time with the
(2) Falsification of a private document by any person; falsification;
B. User had the capacity of falsifying the
ELEMENTS: documents.
(1) Offender committed any of the 8 acts of
falsification, except Paragraph 7 enumerated in
Art. 171; FALSIFICATION AND OTHER CRIMES
(2) Falsification was committed in any private
document; COMPLEX CRIMES: Falsification as a necessary means to
(3) Falsification caused damage to a third party, or commit other crimes
was committed with intent to cause damage.
Estafa through falsification of a PUBLIC, OFFICIAL or
In cases of public, official or commercial documents: damage COMMERCIAL document
does not need to be material. Profiting from the crime or
hoping to do the same is not required. And such falsification Before the falsified document is actually utilized to defraud
can be complexed with estafa. another, the crime of falsification has already been
consummated.
In case of a private document, intent and damage must be
proved. This cannot be complexed with estafa as there is no The element of damage or intent to cause damage, not being
estafa through falsification of a private document. an element of the crime of falsification of P, O and C
documents, is caused by the commission of estafa.
Why? In the former case, what is punished is the violation of
public faith and perversion of truth. In the latter case, what There is no crime of estafa through falsification of a private
is punished is prejudice to a third party. document unless another act independent of the falsification
caused the damage. the crime is only falsification (being
(3) Use of falsified document; more specific).
ACTS PUNISHED If the falsification is used TO CONCEAL the crime (e.g.

misappropriation of funds), the crime is merely estafa.
(1) Introducing in a judicial proceeding;
ELEMENTS: THEFT THROUGH FALSIFICATION

(1) Offender knew that a document was falsified by
another person; Malversation through falsification of a public document.
(2) False document is embraced in Art 171 (POC)
Paragraph 1 and 2 of Art. 172 (private document E.g. falsification of the purchase order, an official document,
and POC); was a necessary means to commit the crime of theft.
(3) Offender introduced said document in evidence
in any judicial proceeding.
FALSIFICATION THROUGH RECKLESS IMPRUDENCE
Damage is NOT NECESSARY. OF PUBLIC, OFFICIAL OR COMMERCIAL
DOCUMENTS
(2) Use in any other transaction;
E.g. Cashier who identified as payee of the PNB check a
ELEMENTS: person whom he did not know, but without malice. [Samson
(1) Offender knew that a document was falsified by vs Court of Appeals, et al. 103 Phil 277]
another person;
(2) False document is embraced in Art 171 (POC) or Reckless imprudence in the falsification of a private
Paragraph 1 and 2 of Art. 172 (private and POC); document is untenable since the element of damage or
(3) Offender used such document (not in judicial malice is necessary.
proceedings);
(4) Use of the false document caused damage to No complex crime of estafa through falsification of a private
another or it was used to cause such damage. document because the immediate effect of falsification of a
private document is the same as that of estafa. It cannot be


said to be a means to commit estafa because the fraudulent concern engaged in the service of sending or
gain obtained through deceit in estafa, in the commission of receiving wireless, cable or telephone message;
which a private document was falsified, is nothing more nor B. Offender commits any of the following acts:
less than the very damage caused by the falsification of such ● Uttering fictitious wireless, telegraph or
document. telephone message of any system;
● Falsifying the same;
People v. Romualdez (2) Using falsified dispatch;
Multiple Acts of Falsification must each be specified = 1
crime of falsification committed. ELEMENTS:
A. Offender knows that the message was falsified;
Beradio v. CA B. Uses such falsified dispatch;
ABSOLUTE FALSITY REQUIRED: Depending on the nature C. To the prejudice of a third party or with intent to
of the document. There must be NO COLOR of TRUTH to cause such prejudice.
the falsification.
Private individual cannot be a principal by direct
Cabigas v. People participation in falsification of telegraphic dispatches.
Where the document was not a PUBLIC or OFFICIAL
document of the government, even if such a document was He may be liable as principal by inducement.
used in a government office, the same would not constitute
falsification. Act No. 1851, Sec 4 punishes private individual who forge or
alter telegram.
If the alteration was made to speak the truth, there is NO
FALSIFICATION. SECTION 5: FALSIFICATION OF
People v. Sendaydiego
MEDICAL CERTIFICATES,
Falsification was used to CONCEAL the malversation, thus CERTIFICATES OF MERIT OR SERVICES
falsification not being a necessary means to commit, the AND THE LIKE.
crime is NOT COMPLEX, but SEPARATE CRIMES. E.g. 6
documents, 6 separate crimes of malversation.
ART. 174: FALSE MEDICAL CERTIFICATES, FALSE
CERTIFICATES OF MERITS OR SERVICE, ETC.
INQUIRY: How were the falsified documents used?
Presumption: A person in possession of a falsified
document is the material author of the falsification, in the PERSONS LIABLE:
absence of satisfactory explanation – especially if the
uttering was so closely connected in time with the forgery. (1) False medical certificate by a PHYSICIAN;
(2) False certificate of merit or service by a PUBLIC
Siquian v. People [171 SCRA 223] OFFICER; and
The Mayor had the duty to know the budget situation of the (3) False medical certificate by a PRIVATE INDIVIDUAL
municipality, and so issuing official certifications of or false certificate of merit or service by a PRIVATE
availability of funds when there were none amounted to INDIVIDUAL.
FALSIFICATION THROUGH NEGLIGENCE.
ART. 175: USING FALSE CERTIFICATES
Document was official, and there was a legal obligation to
disclose the truth
ELEMENTS:
The existence of a wrongful intent to injure a third person is
not necessary when the falsified document is a public (1) Certificate was falsified by person mentioned in Art.
document 174 (physician, surgeon, public officer, private person);
(2) Offender knew that the certificate was false; and
Since an official document was falsified, there was no need (3) Offender used the certificate.
to prove damage to the government or to a third party.
SECTION 6: MANUFACTURING,
ART. 173: FALSIFICATION OF WIRELESS, CABLE,
TELEGRAPH AND TELEPHONE MESSAGES, AND USE
IMPORTING AND POSSESSION OF
OF SAID FALSIFIED MESSAGES. INSTRUMENTS OR IMPLEMENTS
INTENDED FOR THE COMMISSION OF
FALSIFICATION.
ACTS PUNISHED:
(1) Uttering a fictitious wireless, telegraph or telephone

message; ART. 176: MANUFACTURING AND POSSESSION OF
INSTRUMENTS OR IMPLEMENTS FOR
ELEMENTS: FALSIFICATION
A. Offender is an employee or officer or employee of
the Government OR Any private corporation or


ACTS PUNISHED: ELEMENTS:
(1) Offender performs any act;
(1) Making or introducing into the Philippines any stamps, (2) Pertaining to any person in authority or public
dies, marks or other instruments or implements for officer of the Philippine government or any
counterfeiting or falsification. foreign government, or any agency thereof;
(2) Possessing with intent to use the instruments or (3) Under pretense of official position; and
implements for counterfeiting made in or introduced (4) Without being lawfully entitled to do so.
into the Philippines by another person.
Punishes not only casual but constructive possession. [People There must be positive express and explicit representation.
vs Andrada, CA, 64 OG 5751] [People vs Calinisan, 8 CA Rep 20]
A person who manufactured a seal in imitation of the seal of Cannot allege both acts in one information.
Lipa, Batangas, for making false certificates for the transfer
of livestock, is guilty of making instrument for falsification False representation may be shown by acts. Thus, even in the
of certificates. [US vs Angeles, 6 Phil 435] absence of evidence that he represented himself as a police
officer, his acts in blowing his whistle, stopping buses and
A person who possessed an iron brand to be used in ordering drivers to step down their passenger vehicles and
falsifying the official brand of a municipality for cattle produce their driver’s license, sufficiently establishes his
branding is guilty of illegal possession of instrument for culpability of the crime. [People vs Reyes, CA 70 OG 7801]
falsification [need not be a complete set]. [People vs Magpale,
70 Phil 177] People v. Cortez
Usurpation of authority may be complexed with other
CHAPTER TWO: OTHER FALSITIES crimes e.g. usurpation of authority through falsification of a
public document by a private individual.
SECTION 1: USURPATION OF If falsification of the public document was the means

employed to perpetrate the crime of usurpation e.g. false ID.
AUTHORITY, RANK, TITLE, AND
IMPROPERUSE OF NAMES, UNIFORMS Gigantoni v. People
AND INSIGNIA One suspended retains his status but loses authority to
exercise functions. He therefore does not “knowingly and
falsely represent himself to be an officer, etc.” but he does
perform an act pertaining to any public officer, under
ART. 177: USURPATION OF AUTHORITY OR OFFICIAL
pretense of official position, without being lawfully entitled
FUNCTIONS.
to do so.
ACTS PUNISHED:
ART. 178. USING FICTITIOUS NAME AND
CONCEALING TRUE NAME
(1) Usurpation of Authority
The mere act of knowingly and falsely representing oneself ACTS PUNISHED:
to be an officer, agent or representative of any departments
of the Government is sufficient to hold him liable. It is not (1) Using Fictitious name
necessary that he performs an act pertaining to a public
officer. [People vs Bueza, June 20, 1980] ELEMENTS:
A. Offender uses a name other than his real
ELEMENTS: name;
(1) Offender knowingly and falsely represents B. He uses the fictitious name publicly; and
himself; and C. Purpose of use is to conceal a crime, to evade
(2) As an officer, agent or representative of any the execution of a judgment or to cause
department or agency of the Philippine damage to public interest.
government or of any foreign government.
(2) Concealing true name and other personal
Mere representation is sufficient to be punished, even
circumstances
without the subsequent acts.
ELEMENTS:
(2) Usurpation of Official Functions;
A. Offender conceals his true name AND other
personal circumstances; and
It is essential that the offender shall have performed an act
B. Purpose is only to conceal his identity
pertaining to a person in authority or public officer under
pretense of official position without being lawfully entitled
FICTITIOUS NAME
thereto [People vs Bueza, June 20, 1980].


Any other name which a person publicly applies to himself the Philippines or the Philippine Constabulary, or any
without authority of law. [US vs To Lee Piu, 35 Phil 4] colorable imitation thereof:
CA 142 AMENDED BY RA 60805: REGULATING THE FALSE TESTIMONY

USE OF ALIASES
Committed by a person who, being under oath and required
General Rule: No person shall use any name different from to testify as to the truth of a certain matter at a hearing
the one with which he was: before a competent authority shall deny the truth or say
something contrary to it.
(1) Registered at birth in the Office of the Local Civil
Registry;
(2) With which he was registered in the Bureau of 3 FORMS OF FALSE TESTIMONY:
Immigration upon entry; and
(3) Such substitute name as may have been (1) False testimony in criminal cases under Article 180 and
authorized by a competent court. 181.
(2) False testimony in civil case under Article 182.
Exception: (3) False testimony in other cases under Article 183.
(4) Pseudonym solely for literary, cinema, television,
radio or other entertainment; and
(5) In athletic events where the use of pseudonym is a ART. 180: FALSE TESTIMONY AGAINST A
normally accepted practice. DEFENDANT.
Art. 379, Civil Code: The employment of pen names or stage

ELEMENTS:
names is permitted provided it is done in good faith and
there is no injury to third persons. Pen names and stage
(1) There be a criminal proceeding;
names cannot be usurped. (2) Offender testifies falsely under oath AGAINST
defendant;
ART. 179. ILLEGAL USE OF UNIFORMS OR INSIGNIA.
(3) Offender who gives false testimony knows that it is
false; and
ELEMENTS: (4) Defendant in the case is either acquitted or convicted by
final judgment.
(1) Offender makes use of insigna, uniform or dress;
(2) The said insigna, uniform or dress pertains to an office Notes:
not held by the offender; and (1) Penalty depends upon the sentence of the defendant
(3) Said insigna uniform or dress is used publicly and against whom false testimony was given.
improperly (with intent to deceive). (2) The witness who gave false testimony is liable even if
his testimony was not considered by the court.
See also: R. A. No. 75 (An Act to Penalize Acts Which (3) He must testify on material matters. Even if he lied
Would Impair The Proper Observance By The Republic during his testimony on immaterial matters like his age,
And Inhabitants of the Philippines of the Immunities, this article is not violated.
Right, And Privileges Of Duly Accredited Foreign
Diplomatic And Consular Agents In The Philippines) ART. 181: FALSE TESTIMONY FAVORABLE TO THE
DEFENDANTS.
Section 1 thereof penalizes any person who falsely assume
and take upon himself as an official of a foreign government ELEMENTS:
duly accredited to the Government of the Philippines with
intent to defraud or to obtain money, paper, document or
(1) There be a criminal proceeding;
other thing. Section 3 punishes any person who wear any
(2) Offender testifies falsely under oath IN FAVOR of the
naval, military, police or other uniform with intent to defendant;
deceive or mislead. (3) Offender who gives false testimony knows that it is
false; and
See also : R. A. 493 (An Act To Prohibit The Use Or
(4) Trial need not be terminated.
Conferring Of Military Or Naval Grades Or Titles By Or
Upon Persons Not In The Service Of The Armed Forces Of
Reason: It is punished not because of the effect it actually
The Philippines Or The Philippine Constabulary, To produces but because of its tendency to favor or to prejudice
Regulate The Wearing, Use, Manufacture And Sale Of
the defendant. [Decision of SC of Spain, January 4, 1904]
Insignias, Decorations and Medals, Badges, Patches and
Identification Cards Prescribed for the Said Armed Forces
It is not necessary that the testimony influenced the decision.
or Constabulary, and for Other Purposes)
Also, it is enough that there is intent for such testimony to
favor the defendant, even if such testimony did not benefit
It provides that it shall be unlawful for any person not in the him.
service of the Armed Forces of the Philippines or the
Philippine to use or wear the duly prescribed insignia, badge
Conviction or acquittal is also not necessary.
or emblem or rank of the members of the Armed Forces of


POLICY OF THE LAW ON PERJURY
ART. 182: FALSE TESTIMONY IN CIVIL CASES. Every interest of public policy demands that perjury be not
shielded by artificial refinements and narrow technicalities.
For perjury strikes at the very administration of the laws. It
ELEMENTS: is the policy of the law that judicial proceedings and
judgment shall be fair and free from fraud, and that litigants
(1) Testimony is given in a civil case (ordinary, not special and parties be encouraged to tell the truth and that they be
proceedings); punished if they do not. [People vs Cainglet, GR L-21493-94,
(2) Testimony must relate to the issues presented in said April 29, 1966]
case;
(3) Testimony must be false; OATH
(4) False testimony must be given by the defendant,
knowing the same to be false; and Any form of attestation by which a person signifies that he is
(5) Testimony must be malicious and given with an intent bound in conscience to perform an act faithfully and
to affect the issues presented in the case truthfully. It involves the idea of calling on God to witness
what is averred as truth, and it is supposed to be
Note: If false testimony is committed in Special Proceedings, accompanied with an invocation of His vengeance, or a
Art. 183 applies. renunciation of His favor in the event of falsehood [39 Am
Jur 494]
ART. 183: FALSE TESTIMONY IN OTHER CASES AND
PERJURY IN SOLEMN AFFIRMATION. MATERIAL MATTER
TWO WAYS OF COMMITTING PERJURY: Main fact which is the subject of the inquiry or any
circumstance which tends to prove that fact, or any fact or
(1) By falsely testifying under oath; and circumstance which tends to corroborate or strengthen the
(2) By making a false affidavit. testimony relative to the subject of inquiry, or which
legitimately affects the credit of anywitness who testifies.
ELEMENTS: [US vs Estrano, 16 Phil 520]
(1) Accused made a statement under oath or executed an Subornation of perjury

affidavit before a competent officer, authorized to Committed by a person who knowingly and willfully
receive and administer oath. procures another to swear falsely and the witness suborned
does testify under circumstances rendering him guilty of
Statement made must be upon any material matter perjury. [US vs Ballena, 18 Phil 382]
Any fact or circumstance which tends to corroborate or Not expressly penalized in the RPC but the the direct
strengthen the testimony relative to the subject of the induction of a person by another to commit perjury may be
injury punished under Art 183 in relation to Art 17 [will be
principals by inducement and direct participation]. [People vs
Test of Materiality Pudol et al, 66 Phil 365]
Whether evidence if admitted could properly influence
the result of the trial Two contradictory sworn statements is not sufficient to
convict perjury. The prosecution must prove which of the
(2) Statement was made before a competent officer, two statements is false, and must show that the statement to
authorized to receive and administer the oath. be false by other evidence than the contradictory statement.
[US vs Capistrano, 40 Phil 902]
(3) In that statement or affidavit, accused made a willful
and deliberate assertion of a falsehood. People vs Abaya
A. No perjury through negligence or imprudence. Good faith or lack of malice is a defense in perjury. The
B. Good faith is a defense accused did not act with malice. The accused who could not
be expected to determine the property, from a legal point of
(4) Sworn statement or affidavit containing the falsity is view of the inclusion, merely stated a fact in said inventory
required by law.
A. It is sufficient that statement or affidavit is made Diaz v. People
for a legal purpose, even if there is no law Although the crime of falsification may have also been
requiring such statement to be made under oath. committed when the offender commits forgery through a
B. If two sworn statements are contradictory, sworn statement, the fact that the document was sworn
prosecution must prove which one is false by under oath (becomes affidavit), the crime committed is
other evidence. Why? This is important becayse if PERJURY (being the more specific crime).
the statement before the FISCAL is false, then Art.
183 applies. If the testimony before the court is ART. 184: OFFERING FALSE TESTIMONY IN
false, then Art. 181 – 182 applies. EVIDENCE.
ELEMENTS:


B. In restraint of trade or commerce; OR
(1) Offender offered in evidence a false witness or false C. To prevent by artificial means free competition in
testimony; the market
(2) The lawyer knew the witness, or the testimony was
false; and (2) Monopoly to restrain free competition in the market;
(3) Offer was made in a judicial or official proceeding. A. Monopolizing any merchandise or product; or
B. Combining with any other person or persons to
Note: the one who made the testimony is liable under either monopolize said merchandise or object in order to
Art. 180, 181, 182 or 183. alter the price.
Making transactions prejudicial to lawful commerce or to

CHAPTER THREE: FRAUDS increase market price.
PERSONS LIABLE:
SECTION 1: MACHINATIONS,
(1) Manufacturer,
MONOPOLIES AND COMBINATIONS
(2) producer,
(3) processor or importer.
ART. 185: MACHINATIONS IN PUBLIC AUCTIONS.
CRIME IS COMMITTED BY:
(1) Conspiring,
ACTS PUNISHED:
(2) Combining, or
(3) Agreeing with any person.
(1) Soliciting any gift or promise as a consideration for
refraining from taking part in any public auction;
PURPOSE:
Elements:
A. There be a public auction;
(1) To make transactions prejudicial to lawful commerce;
B. Offender solicited any gift or promise as
or
consideration for refraining to take part; and
(2) To increase market price.
C. Accused had the intent to cause the reduction
of the price of the thing auction
The law punishes the frustration of the aim of free trade:
competition
Mere solicitation consummates the crime. (Attempting to
cause bidders to stay away from an auction by threats, gifts,
promises or any other artifice)
QUALIFIED: If offense affects any food substance or other
article of prime necessity.
(2) Attempting to cause bidders to stay away from an
auction by threats, gifts, promises or any other artifice;
If the monopolies and combinations in restraint of trade
affect any food substance, motor fuel or lubricants or other
Elements:
article of prime necessity, it is sufficient for the imposition of
A. There be a public auction;
a higher penalty that the initial steps have been taken
B. Offender attempted to cause bidders to stay
toward carrying out the purpose of combination.
away from the auction;
C. Attempt was done through threats, gifts or
promises; and
General Rule: When committed by a corporation or
D. Offender had the intention to cause the
association, the president and directors or managers are
reduction of the price.
liable as principals when they:
Mere attempt consummates the crime
(1) Knowingly permitted,
(2) Failed to prevent the commission of such offense.
REASON FOR THE PROVISION:
Exception: Exception to rule that a director or other officer of
Execution sales should be opened to free and full
a corporation is not liable criminally for the corporate acts
competition in order to secure the maximum benefit for the
performed by other officers or agents thereof as held in the
debtors. [Diaz vs Kapunan, 46 Phil 482]
case of People vs Montilla. [CA 52 OG 4327]
ART. 186. MONOPOLIES AND COMBINATIONS IN
RESTRAINT OF TRADE.
ACTS PUNISHED:
(1) Combination to prevent free competition in the market;

A. Entering into a contract or agreement, or taking
part in any conspiracy or combination;


SECTION 2: FRAUDS IN COMMERCE AND ART. 189. UNFAIR COMPETITION, FRAUDULENT
REGISTRATION OF TRADE-MARK, TRADE-NAME OR
INDISTRY
SERVICE MARK, FRAUDULENT DESIGNATION OF
ORIGIN, AND FALSE DESCRIPTION.
ART. 187: IMPORTATION AND DISPOSITION OF

FALSELY MARKED ARTICLES OR MERCHANDISE ACTS PUNISHED:
MADE OF GOLD, SILVER, OR OTHER PRECIOUS
METALS OR THEIR ALLOYS. (1) Unfair Competition;
Selling goods, giving them the general appearance of

ELEMENTS: goods of another manufacturer or dealer;
(1) Offender knowingly: Sale of goods similar enough to cause confusion in the
● Imports, minds of the general public;
● Sells,
● Disposes; Whether certain goods have been clothed with an
(2) Any article or merchandise made of gold, silver, or appearance which is likely to deceive the ordinary
other precious metals or their alloys; and purchaser exercising ordinary care, and not whether a
(3) Which fail to indicate the actual fineness or quality of certain limited class of purchasers with special
said metals knowledge not possessed by the ordinary purchaser
● Gold: Less by more than .5 karat could avoid mistake by the exercise of this special
● Silver: Less by more than .004 knowledge.
● Flatware made of gold: Less by more than .003
Manufacturer who alters the quality or fineness of said (2) Fraudulent description or origin or false description;
merchandise is liable under estafa. [Article 315, subdivision 2 and
(b) of the Code] Affixing to his goods or using in connection with his
services a false designation of origin or any false
ART. 188: SUBSTITUTING AND ALTERING description or representation; and
TRADEMARKS, TRADENAMES OR SERVICE MARKS.
Selling such goods or services.
INFRINGEMENT (3) Fraudulent registration.
The use of another’s registered trademark and trade name. Procuring fraudulently from the patent office the
registration of a tradename, trademark or service mark.
ACTS PUNISHED:
(1) Substituting the tradename or trademark of some other UNFAIR COMPETITION

manufacturer or dealer or a colorable imitation thereof,
for the tradename or trademark of the real Consists in employing deception or any other means
manufacturer or dealer, upon any article or commerce contrary to good faith by which has shall pass off the goods
and selling the same; manufactured by him or in which he deals, or his businesses,
(2) Selling or offering for sale such articles of commerce, or services for those of the one having established such
knowing that the tradename or trademark has been goodwill, or who shall commit any acts calculated to
fraudulently used; produce said result.
(3) Using or substituting the service mark of some other Mark
person, or a colorable imitation of such mark in the sale
and advertising of his services; and Any visible sign capable of distinguishing the goods
(4) Printing or lithographing or reproducing tradename, (Trademark) or services (Service mark) of an enterprise and
trademark of service mark of one person or a colorable shall include a stamped or marked container.
imitation thereof, to enable another person to
fraudulently use the same, knowing the fraudulent TRADEMARK
purpose for which it is to be used.
Name or designation identifying or distinguishing the
Notes: enterprise.
• Trade mark or tradename must be registered otherwise,
there can be no infringement of the same. ELEMENTS OF UNFAIR COMPETITION:
• The differences need not be glaring and striking to the
eye. Mere colorable imitation is sufficient. (1) Confusing similarity in the general appearance of the
goods; and
(2) Intent to deceive the public and defraud a competitor.
REASON FOR PUNISHING UNFAIR COMPETITION:


No one shall, by imitation or any unfair device, induce the CRIMES RELATIVE TO OPIUM AND OTHER
public to believe that goods he offers for sale are the goods PROHIBITED DRUGS
of another, and thereby appropriate to himself the value of
the reputation which the other has acquired for the products Note: Articles 190-194 were repealed by RA 6425, known as
or merchandise manufactured or sold by him. [US vs Kyburz, the “Dangerous Drug Act of 1972”. RA No. 9165, known as
28 Phil 475] the “Comprehensive Dangerous Drug Act of 2002 in turn
repealed RA No. 6425.
ELEMENTS OF TRADEMARK INFRINGEMENT:

RA 9165: THE DANGEROUS DRUGS ACT OF 1972
(1) Validity of plaintiff’s mark;
DEFINITION OF TERMS
ADMINISTER
Trademark or tradename must not be merely
descriptive or generic.
Any act of introducing any dangerous drug into the body of
any person, with/without his or her knowledge, by
(2) Plaintiff’s ownership of the mark; and
injection, inhalation, ingestion, or other means, or of
(3) The use of the mark or its colorable imitation by the
committing any act of indispensable assistance to a person in
alleged infringer results in likelihood of confusion.
administering a dangerous drug to himself/herself unless
administered by a duly licensed practitioner for purpose of
medication.
TESTS IN DETERMINING CONFUSING SIMILARITY:
CHEMICAL DIVERTION
DOMINANCY TEST
The sale, distribution, supply or transport of legitimately
Focuses on the similarity of the prevalent features of the
imported, in-transit, manufactured or procured controlled
competing trademarks which might cause confusion or
precursors, and essential chemicals, in diluted, mixtures or
deception and thus infringement.
in concentrated form, to any person or entity engaged in the
manufacture of any dangerous drug, and shall include
If the competing trademark contains the main, essential or
packaging, repackaging, labeling, relabeling or concealment
dominant features of another, and confusion or deception is
of such transaction through fraud, destruction of documents,
likely to result, infringement takes place. Duplication or
fraudulent use of permits, misdeclaration, use of front
imitation is not necessary; nor is it necessary that the
companies or mail fraud.
infringing label should suggest and effort to imitate. The
only question is whenther the use of the said marks involved
CONTROLLED PRECURSORS AND ESSENTIAL
is likely to cause confusion or mistake in the mind of the
CHEMICALS DEFINED
public or deceive purchasers. [Emerald Garment
Manufacturing Corp. vs CA, 251 SCRA 600]
Include those listed in Tables I and II of the 1998 UN
Convention Against Illicit Traffic in Narcotic Drugs and
HOLISTIC TEST
Psychotropic Substances.
Requires that the entirety of the marks in question be
DEN, DRIVE, RESORT
considered in resolving confusing similarity. Comparison of
words is not the only determining factor.
A place where any dangerous drug and/or controlled
precursor and essential chemical is administered, delivered,
The discerning eye of the observer must focus not only on
stored for illegal purposes, distributed, sold or used in any
the predominant words but also on the other features
form.
appearing in both labels in order that he may draw his
conclusion whether one is confusingly similar to the other.
DRUG DEPENDENCE
[Emerald Garment Manufacturing Corp. vs CA, 251 SCRA 600]
A cluster of physiological, behavioral, and cognitive
No glaring differences between trademarks.
phenomena of variable intensity, in which the use of
psychoactive drug takes on a high priority thereby
Goods may be of different categories.
involving, among other, a strong desire or a sense of
compulsion to take the substance and the difficulties in
INFRINGEMENT UNFAIR COMPETITION
controlling substance-taking behavior in terms of its onset,
First registration First Use termination, or levels of use.
Use of trademark or Selling goods similar
tradename of another OR enough in appearance with DRUG SYNDICATE
COLORABLE imitation goods of another
Any organized group of two or more persons forming or
May be goods of different Must be similar enough to joining together with the intention of committing any offense
categories cause confusion to the prescribed.
ordinary buyer


ILLEGAL TRAFFICKING
In case any violation of this Act is committed by a
The illegal cultivation, culture, delivery, administration, partnership, corporation, association or any juridical entity,
dispensation, manufacture, sale, trading, transportation, the partner, president, director, manager, trustee, estate
distribution, importation, exportation and possession of any administrator, or officer who consents to or knowingly
dangerous drug and/or controlled precursor and essential tolerates such violation shall be held criminally liable as a co-
chemical. principal. [Section 30, Article II, RA 9165]
In addition to the penalties prescribed in the unlawful act

UNLAWFUL ACTS AND PENALTIES: committed, any alien who violates such provisions of this
Act shall, after service of sentence, be deported immediately
(1) The penalty of life imprisonment to death and a fine without further proceedings, unless the penalty is death.
ranging from five hundred thousand pesos [Section 31, Article II, RA 9165]
(P500,000.00) to ten million pesos (P10,000,000.00).
ACCESSORY PENALTIES:
Those acts which include or involve any dangerous
drugs (sections 4, 5, 6, 8, 11, 16 and 19). A person convicted under this Act shall be disqualified to
exercise his/her civil rights such as but not limited to:
(2) The penalty of twelve (12) years of imprisonment and a A. The rights of parental authority or guardianship,
fine ranging from one hundred thousand pesos either as to the person or property of any award.
(P100,000.00) to five hundred thousand pesos B. The rights to dispose of such property by any act
(P500,000.00). or any conveyance inter vivos,
C. And political rights such as but not limited to,
A. Those acts which involve any controlled precursor D. The right to vote and be voted for.
and essential chemical (sections 4, 5, 6, 8, 9 and 10). E. Such rights shall also be suspended durng the
pendency of an appeal from such conviction.
B. Anyone who acts as a “protector/coddler” of any [Section 35, Article II, RA 9165]
violator of the provisions under sections 4, 5, 6, 8
and 16. Possession of marijuana is absorbed in the sale thereof,
except where the seller is further apprehended in possession
C. Sections 7, 10, 16 and 17. of another quantity of the prohibited drugs not covered by
or included in the sale and which are probably intended for
(3) The maximum penalty provided for under sections 4, 5, some future dealing or use by the seller. [People vs. Lacerna]
6, 8 and 16 shall be imposed upon any person, who
organizes, manages or acts as a “financier” of any of the DANGEROUS DRUGS TEST AND RECORD
illegal activities prescribed in those sections. REQUIREMENTS:
(4) Any person charged under the provision of this Act Sec. 36 – Authorized drug testing
regardless of the imposable penalty shall not be (1) Applicants for driver’s license;
allowed to avail of the provision on plea-bargaining. (2) Applicants for firearm’s license and for permit to carry
[Sec. 23, Art. II, RA 9165] firearms outside of residence;
(3) Students of secondary and tertiary schools;
Any person convicted for drug trafficking or pushing under (4) Officers and employees of public and private offices;
this Act, regardless of the penalty imposed by the Court, (5) Officers and members of the military, police and other
cannot avail of the privilege granted by the Probation Law or law enforcement agencies;
Presidential Decree No. 968, as amended. [Sec. 24, Article II, (6) Concerning mandatory drug testing for all persons
RA 9165] charged with crimes declared unconstitutional because
it violates the right against self-incrimination;
Notwithstanding the provisions of any law to the contrary, a (7) Concerning mandatory drug testing for candidates for
positive finding for the use of dangerous drugs shall be a public office is also unconstitutional. [SJS v. Dangerous
qualifying aggravating circumstance in the commission of a Drugs Board]
crime by an offender, and the application of the penalty
provided for in the Revised Penal Code shall be applicable. OTHER IMPORTANT POINTS
[Sec. 25, Article II, RA 9165]
VOLUNTARY SUBMISSION FOR TREATMENT AND
The maximum penalties of the unlawful acts provided for in REHABILITATION:
this Act shall be mposed, in addition to absolute perpetual
disqualification from any public office, if those fornd guilty Section 54, Article III:
of such unlawful acts are government official and The drug dependent may, by himself/herself or through
employees. [Section 28, Article II, RA 9165] his/her parent, spouse, guardian or relative within fourth
degree of consanguinity or affinity, apply to the Board or its
Any person who is found guilty of “planting” any duly recognized representative, for treatment and
dangerous drug and/or controlled precursor and essential rehabilitation of the drug dependency.
chemical, regardless of quantity and purity, shall suffer the
penalty of death. [Section 29, Article II, RA 9165]


Upon such application, the Board shall bring forth the matter CRIMES AGAINST PUBLIC MORALS
to the Court which shall order that the applicant be
examined for drug dependency.
Chapter One: Gambling and Betting
Compulsory confinement: Art. 195. Gambling.
Notwithstanding any law, rule and regulation to the Art. 196. Importation, sale and possession of lottery tickets
contrary, any person determined and found to be dependent or advertisements.
on dangerous drugs shall, upon petition by the Board or any Art. 197. Betting in sports contests.
of its authorized representative, be confined for treatment Art. 198. Illegal betting on horse race.
and rehabilitation in any Center duly designated or Art. 199. Illegal cockfighting.
accredited for the purpose.
Chapter Two: Offenses Against Decency and Good
Section 61, Article III: Customs
A petition for the confinement of a person alleged to be Art. 200. Grave Scandal
dependent on dangerous drugs to a Center may be filed by Art. 201. Immoral doctrines, obscene publications and
any person authorized by the Board with the Regional Trial exhibitions
Court of the province or city where such person is found. Art. 202. Vagrants and prostitutes; penalty.
Time of confinement for treatment and rehabilitation:

CHAPTER ONE: GAMBLING AND
Section 54, Article VIII: BETTING
Confinement in a Center for the treatment and rehabilitation
shall not exceed one (1) year, after which time the Court, as
well as the Board, shall be apprised by the head of the Note: PD 1602, which repealed Articles 195-199 insofar as
treatment and rehabilitation center of the status of said drug they are inconsistent with said Act.
dependent and determine whether further confinement will
be for the welfare of the drug dependent and his/her family ART. 195. WHAT ACTS ARE PUNISHABLE IN
or the community. GAMBLING.
Section 55, Article VIII:

A drug dependent who is under the voluntary submission ACTS PUNISHED:
program and is finally discharged from confinement in the
Center be exempt from criminal liability if: (1) Directly or indirectly taking part in the gambling;
(2) Knowingly permitting gambling to take place in an
(1) He/she has complied with the rules and inhabited or uninhabited place;
regulations of the center, the applicable rules and (3) Acting as maintainer, conductor or banker in any game
regulations of the Board, including the after-care of jueteng or any similar game; and
and follow-up program for at least eighteen (18) (4) Knowingly and illegally possessing lottery list, paper or
months following temporary discharge from the other matter pertaining to the game of jueteng or any
confinement in the Center; similar game.
(2) He/she has never been charged or convicted of
any offense punishable under this Act, the GAMBLING
Dangerous Drugs Act of 1972 or RA Ni. 6425, as
amended; the Revised Penal Code, as amended; or Any game or scheme the result of which depends wholly or
any special penal laws; chiefly upon chance or hazard and wherein wagers
(3) He/she has no record of escape from a Center; consisting of money, articles of value, or representative of
Provided, that if he escaped, he surrendered by value are made.
himself or through his parent, spouse, guardian,
or relative within the fourth (4th) degree of The purpose of punishing gambling is to effectuate early
consanguinity or affinity, within one (1) week repression of an evil that, in the opinion of the Legislature,
from the date of the said escape; and undermines the social, moral and economic growth of the
(4) He/she poses no serious danger to nation, and is best calculated to answer the ends necessary to
himself/herself, hi/her family or the community deter others from commission of like offenses. [People vs.
by his/her exemption from criminal liability. Punto]
Section 82, Article IX - Philippine Drug Enforcement GAMES THAT CONSTITUTE GAMBLING:
Agency:
Serves as the implementing arm of the Dangerous Drug (1) Monte;
Board. It shall be responsible for the efficient and effective (2) Jueteng;
law enforcement of all the provisions on any dangerous (3) Any form of lottery, policy, banking, or percentage
drug and/or controlled precursor and essential chemical as game;
provided in this Act. (4) Dog races;
(5) “Pinball machines” or slot machines in the different
forms in which they are operated as gambling devices


because the winning therein depends wholly upon ART. 197. BETTING IN SPORTS CONTESTS.
chance or hazard; [Uy Ha vs. City Mayor et.al]
(6) Any other mechanical invention or contrivance to
determine by chance the loser or winner of money or ACTS PUNISHED:
any object or representative of value.
(1) Betting money or any object or article of value of
GAME OF CHANCE representative value upon the result of any game, races
and other sports contests;
That which depends more on chance or hazard than on skill (2) Game-fixing any arrangement, combination, scheme or
or ability. agreement by which the result of any game, races, or
sports contests shall be predicated and/or known other
GAMES TO BE HELD TO BE GAMES OF CHANCE: than on the basis of the honest playing skill or ability of
the players or participants;
(1) Cuajo (3) Point-shaving any such arrangement combination,
(2) Draw poker scheme or agreement by which the skill or ability of any
(3) Black Jack player or participant in a fame, races, or sports contests
(4) Pigeon lottery to make points of scores shall be limited deliberately in
(5) Teji order to influence the result thereof in favor of one or
(6) Bancabanca other team, player or participant; and
(7) Yampong or liampo (4) Game-machinations any other fraudulent, deceitful,
(8) Nones y pares unfair or dishonest means, method, manner or practice
employed for the purpose of influencing the result of
LOTTERY any game, races or sport contest.
A species of gaming which may be deemed as a scheme for

the distribution of prizes by chance among persons who had ART. 198. ILLEGAL BETTING ON HORSE RACE.
paid, or agreed to pay, a valuable consideration for the
chance to obtain a prize.
ACTS PUNISHED:
A scheme by which the result is reached by some action or
(1) Betting on horse races on days not allowed by law; and
means, taken, and which result man’s choice or will has no
(2) Maintaining or employing a totalizer or other device for
part, nor can human reason, foresight, sagacity, or design
betting on horse races or for profit on days not allowed
enable him to know or determine such result until the same
by law.
has been accomplished.
Any race held on the same day and at the same place shall
ELEMENTS OF LOTTERY:
be considered as a separate offense and if committed by a
corporation, partnership, or association, the president and
(1) Consideration;
directors or managers thereof who consented to or tolerated
(2) Chance;
its commission are deemed principals.
(3) Prize, or some advantage or inequality in amount or
value which is in the nature of a prize.
WHEN HORSE RACES ARE NOT ALLOWED:
Note: There is no lottery when the person gets the full value (1) Birthday of the Philippines July 4 [Republic Act
for his money. No.137]; 
(2) Rizal Day December 30 [Republic Act No. 229]; 
If the prizes do not come out of the funds or contributions of (3) Any registration or voting days [Republic Act No. 180,
the participants, there is no lottery. (Uy v. Palomar) Revised Election Code]; and 
(4) Holy Thursday and Good Friday [R.A. 946].
ART. 196: IMPORTATION, SALE AND POSSESSION OF

LOTTERY TICKETS OR ADVERTISEMENTS. ART. 199. ILLEGAL COCKFIGHTING.
ACTS PUNISHED: ACTS PUNISHED:
(1) Importation of lottery tickets; (1) Betting money or things of value or representative of
(2) Sale or distribution of such tickets in connivance with value in cockfighting on days not permitted by law;
the importer; (2) Organizing cockfights at which bets are made on days
(3) Illegal possession of lottery ticket; and not allowed by law;
(4) Sale of lottery ticket without connivance with (3) Betting money or thing of value or representative of
importers. value on cockfights at a place other than a licensed
cockpit; and
It is not necessary that the lottery ticket in possession of the (4) Organizing cockfights at a place other than a licensed
offender be genuine. (Uy v. Reyes) cockpit.


or promoters shall officiate in all kinds of cockfighting
PRESIDENTIAL DECREE NO. 449; COCKFIGHTING authorized in this Decree.
LAW OF 1974
Note: The spectators in a cockfight are not liable.
Law governing the establishment, operation, maintenance,
and ownership of cockpits. All laws, decrees, rules and PRESIDENTIAL DECREE NO. 1602: SIMPLIFYING AND
regulations, or orders which are inconsistent with this PROVIDING STIFFER PENALTIES FOR VIOLATIONS
Decree are hereby repealed or modified accordingly. OF PHILIPPINE GAMBLING LAWS
RULES: PD 1602, which repealed Articles 195-199 insofar as they are

inconsistent with said Act punishes:
A. Only Filipino citizens not otherwise inhibited by
existing laws shall be allowed to own, manage and (1) Any person who, in any manner, shall directly or
operate cockpits. Cooperative capitalization is indirectly take part in any illegal or unauthorized
encouraged. activities or games of:
B. Only one cockpit shall be allowed in each city or A. Cockfighting, jueteng, jai alai or horse racing to
municipality, except that in cities or municipalities with include bookie operations and game fixing,
a population of over one hundred thousand, two numbers, bingo and other forms of lotteries;
cockpits may be established, maintained and operated. B. Cara y cruz, pompiang and the like;
C. Cockpits shall be constructed and operated within the C. 7-11 and any game using dice;
appropriate areas as prescribed in Zoning Law or D. Black jack, lucky nine, poker and its derivatives,
Ordinance. monte, baccarat, cuajo, pangguigue and other card
D. Cockfighting shall be allowed only in licensed cockpits games;
during Sundays and Legal Holidays and during local E. Paik que, high and low, mahjong, domino and other
fiestas for not more than 3 days. games using plastic tiles and the like;
E. During provincial, city or municipal, agricultural, F. Slot machines, roulette, pinball and other
commercial or industrial fair, carnival or exposition for mechanical contraptions and devices;
a similar period of 3 days upon resolution of the G. Dog racing, boat racing, car racing and other
province, city or municipality where such fair, carnival forms of races;
or exposition is to be held, subject to the approval of the H. Basketball, boxing, volleyball, bowling, ping-pong
Chief of Constabulary or his authorized representative. and other forms of individual or team contests to
F. If the purpose is for the entertainment of foreign include game fixing, point shaving and other
dignitaries or for tourists, or for returning balikbayans, machinations;
or for the support of national fund-raising campaigns I. Banking or percentage game, or any other game
for charitable purposes as may be authorized by the scheme, whether upon chance or skill, wherein
Office of the President upon resolution of a provincial wagers upon chance or skill, wherein wagers
board, city or municipal council, in licensed cockpits or consisting of money, articles of value or
in playgrounds or parks. representative of value are at stake or made;
COCKFIGHTING NOT ALLOWED ON: (2) Any person who shall knowingly permit any form of
gambling referred to in the preceding subparagraph to
(1) Rizal Day (December 30)  be carried on in inhabited or uninhabited place or in
(2) Independence Day (June 12)  any building, vessel or other means of transportation
(3) National Heroes Day (November 30) owned or controlled by him. If the place where
(4) Holy Thursday  gambling is carried on has a reputation of a gambling
(5) Good Friday  place or that prohibited gambling is frequently carried
(6) Election or Referendum Day on therein, or the place is a public or government
(7) Registration days for referendums and elections building or barangay hall, the malefactor shall be
punished by prision correccional in its maximum period
LICENSING OF COCKPITS and a fine of six thousand pesos. Penalty of prision
correccional in its maximum period or a fine of six
City and municipal mayors are authorized to issue licenses thousand pesos shall be imposed upon the maintainer
for the operation and maintenance of cockpits subject to the or conductor of the above gambling schemes.
approval of the Chief of Constabulary or his authorized (3) The penalty of prision mayor in its medium period with
representatives. temporary absolute disqualification or a fine of six
thousand pesos shall be imposed if the maintainer,
COCKFIGHTING OFFICIAL conductor or banker of said gambling schemes is a
government official, or where such government official,
Gaffers, referees, bet takers, or promoters shall not act as or where such government official is the player,
such in any cockfight herein authorized, without first promoter, referee, umpire, judge or coach in case of
securing a license renewable every year on their birth month game fixing, point shaving and machination.
from the city or municipality where such cockfighting is (4) The penalty of prision correccional in its medium period
held. Cities and municipalities may charge a tax of not more or a fine ranging from four hundred to two thousand
than twenty pesos. Only licensed gaffers, referees, bet takers pesos shall be imposed upon any person who shall,
knowingly and without lawful purpose in any hour of


any day, possess any lottery list, paper or other matter In conducts involving lasciviousness, it is grave scandal only
containing letters, figures, signs or symbols pertaining where there is mutual consent. [Boado, Comprehensive
to or in any manner used in the games of jueteng, jai- Reviewer in Criminal Law]
alai or horse racing bookies, and similar games of
lotteries and numbers which have taken place or about ACTS PUNISHED
to take place.
(5) The penalty of temporary absolute disqualification shall Those by which by their character and nature cause scandal
be imposed upon any barangay official who, with among the persons witnessing them, besides being contrary
knowledge of the existence of a gambling house or to morals and good customs and committed publicly or
place in his jurisdiction fails to abate the same or take within the knowledge or view of the public. [People vs.
action in connection therewith. Dumlao]
(6) The penalty of prision correccional in its maximum
period or a fine ranging from five hundred pesos to two
thousand pesos shall be imposed upon any security ART. 201. IMMORAL DOCTRINES,
officer, security guard, watchman, private or house
OBSCENE PUBLICATIONS AND
detective of hotels, villages, buildings, enclosures and
the like which have the reputation of a gambling place EXHIBITIONS AND INDECENT SHOWS
or where gambling activities are being held.
Any person who shall disclose information that will lead to PERSONS LIABLE:
the arrest and final conviction of the malefactor shall be
rewarded twenty percent of the cash money or articles of (1) Those who shall publicly expound or proclaim
value confiscated or forfeited in favor of the government. doctrines openly contrary to public morals;
(2) Authors of obscene literature published with their
CHAPTER TWO: OFFENSES AGAINST knowledge and editors publishing them;
(3) Those who exhibit indecent or immoral plays, scenes,
DECENT AND GOOD CUSTOMS acts or shows is theatres, fairs, or other public places;
and
(4) Those who sell, give away or exhibit prints, engravings,
ART. 200. GRAVE SCANDAL
sculptures or literature’s offensive to morals.
(Bar 1996)
ELEMENTS: ELEMENTS:
(1) Offender performs an act; Prosecution must prove that:

(2) Act must be highly scandalous; (1) The materials, publication, picture or literature are
(3) Must offend against decency or good customs; obscene; and
(4) Act not expressly falling within any other article of the (2) The offender sold, exhibited, published or gave away
Code; and such materials.
(5) Publicly committed or within the knowledge and view
of the public (The public view is not required, it is Necessarily, that the confiscated materials are obscene must
sufficient if in public place. For public knowledge, it be proved. [Fernando vs. Court of Appeals]
may occur even in a private place; the number of
people who sees it is not material). OBSCENITY
DECENCY Something which is offensive to chastity, decency, or

delicacy.
Means proprietary of conduct; proper observance of the
requirements of modesty, good taste, etc. TEST TO DETERMINE THE EXISTENCE OF OBSCENITY:
CUSTOMS Whether the matter tends to deprave or corrupt minds of

those who are open to such immoral influences and into
Established usage, social conventions carried on by tradition whose minds hands a publication or other article charged as
and enforced by social disapproval of any violation thereof. being obscene may fall.
GRAVE SCANDAL A matter can also be considered obscene if it “shocks the

ordinary and common sense of men as an indecency.” It
Consists of acts which are offensive to decency and good must depend upon the circumstances of the case, and that
customs which, having been committed publicly, have given ultimately, the question is to be decided by the judgment of
rise to public scandal to persons who have accidentally the aggregate sense of the community reached by it.
witnessed the same. The acts must be performed in a public [Fernando v. Court of Appeals citing People v. Kottinger]
place or within the public knowledge or view. If it is
committed in a private place, the crime of grave scandal is Obscenity is an issue proper for judicial determination –
not committed. there is no perfect definition of “obscenity” but the latest
word is that of Miller v. California which established
guidelines:


(1) Whether the average person, applying contemporary Pursuant to Sec. 34, the fines now range from Php 20,000.00
standards would find the work, taken as a whole, to Php 200,000.00.
appeals to the prurient interest;
(2) Whether the work depicts or describes, in a patently
offensive way, sexual conduct specifically defined by ART. 202. VAGRANTS AND PROSTITUTES
the applicable state law; and
(3) Whether the work, taken as a whole, lacks serious
literary, artistic, political, or scientific value. Republic Act 10158 or “An Act Decriminilizing Vagrancy,
Amending for This Purpose Art. 202 of Act No. 3815, as
Publicity is required. Amended, Otherwise Known as the Revised Penal Code”
repealed ‘VAGRANTS’ from this Article.
Mere possession of obscene materials, without intention to
sell, exhibit, or give them away, is not punishable under Note: Joblessness is not tantamount to vagrancy. What the
article 201, considering the purpose of the law is to prohibit law penalizes is the neglect and refusal to work, and
the dissemination of obscene materials to the public. loitering in or about public places without giving a good
account of his presence therein.
The law does not require that a person be caught in the act of
selling, giving away or exhibiting obscene materials to be Prostitution is when a woman who, for money or profit
liable, for as long as the said materials are offered for sale, habitually indulge in sexual intercourse or lascivious
displayed, or exhibited to the public.[Fernando vs. Court of conduct. On the other hand, a man who engages in the same
Appeals] conduct – sex for money – is not a prostitute, but a vagrant.
Offense punished. Note: When there is a city or municipal ordinance that

covers male as a prostitute, he cannot be punished under
The public showing of indecent or immoral plays, scene, acts this article as a prostitute. He can, however, be prosecuted
or shows not just motion pictures. It is mala in se in which under the said ordinance.
criminal intent is an indispensable ingredient. [People vs. City
of Manila] PIMP
One who provides gratification for the lust of others.
Paragraph 4 punishes the giving away of incident literature,
etc., to the public and not isolated, casual or occasional act of The purpose of the law is not simply to punish a person
giving the same to a single individual, since the purpose of because he has no means of livelihood, but it is to prevent
the law is to protect public morals and not the morals of a further criminality. Any person found wandering in an
single individual. [People vs. Tempongko] estate belonging to another, whether public or private,
without any lawful purpose also commits vagrancy, unless
GIVE AWAY his acts constitute some other crime in the Revised Penal
Includes the term exhibition because when one gives away Code.
obscene picture or literature, he has the intention and
purpose of exhibiting or showing the same to the recipient. In law, the mere indulging in lascivious conduct habitually
because of money or gain would amount to prostitution,
even if there is no sexual intercourse. Virginity is not a defense.
OBSCENE PUBLICATIONS AND INDECENT SHOWS
UNDER REPUBLIC ACT NO. 7610: Even millionaires or one who has more than enough for his
livelihood can commit vagrancy by habitually associating
(1) Any person who shall hire, employ, use, persuade, with prostitutes, pimps, ruffians, or by habitually lodging in
induce or coerce a child to perform in obscene houses of ill-repute. Habituality is the controlling factor; it
exhibitions and indecent shows, whether live or in has to be more than one time.
video, or model in obscene publications or
pornographic materials or to sell or distribute the There is no prostitution by conspiracy. One who conspires
said materials shall suffer the penalty of prision with a woman in the prostitution business like pimps, taxi
mayor in its medium period. drivers or solicitors of clients are guilty of the crime under
(2) If the child used as a performer, subject or Article 341 for white slavery.
seller/distributor is below twelve (12) years of
age, the penalty shall be imposed in its maximum TRAFFICKING IN PERSONS
period.
(3) Any ascendant, guardian, or person entrusted in The recruitment, transportation, transfer or harboring, or
any capacity with the care of a child who shall receipt of persons with or without the victim’s consent or
cause and/or allow such child to be employed or knowledge, within or across national borders by means of
to participate in an obscene play, scene, act, movie threat or use of force, or other forms of coercion, abduction,
or show or in any other acts covered by this fraud, deception, abuse of power or of position, or, the
section shall suffer the penalty of prision mayor in giving or receiving of payments or benefits to achieve the
its medium period. [Sec. 9, R.A. 7610] consent of a person having control over another person for
the purpose of exploitation which includes at a minimum,
AMENDMENTS UNDER RA 10951: the exploitation or the prostitution of others or other forms


of sexual exploitation, forced labor or services, slavery, Art. 213. Frauds against the public treasury and similar
servitude, or the moral removal or sale of organs. offenses
Art. 214. Other frauds
The recruitment, transportation, transfer, harboring or Art. 215. Prohibited transactions
receipt of a child for the purpose of exploitation shall also be Art. 216. Possession of prohibited interest by a public
considered as “trafficking in persons” even if it does not officer
involve any of the means set forth in the preceding Chapter Four: Malversation of Public Funds or Property
paragraph. (Sec 3 [a], RA No. 9208) See Special Law: PD 1563 Art. 217. Malversation of public funds or property;
(Mendicancy Law of 1978) Presumption of malversation
Art. 218. Failure of accountable officer to render accounts
Art. 219. Failure of a responsible public officer to render
MENDICANCY LAW OF 1978 accounts before leaving the country
Art. 220. Illegal use of public funds or property
PERSONS LIABLE: Art. 221. Failure to make delivery of public funds or
property
MENDICANT Art. 222. Officers included in the preceding provisions
Chapter Five: Infidelity of Public Officers
One who has no visible and legal means of support, or Section 1: Infidelity in the custody of prisoners.
lawful employment and who is physically able to work but Art. 223. Conniving with or consenting to evasion
neglects to apply himself to some lawful calling and instead Art. 224. Evasion through negligence
uses begging as a means of living. [Mendicancy Law of 1978 Art. 225. Escape of prisoner under the custody of a person
(PD 1563)] not a public officer
Section 2: Infidelity in the custody of document.
Any person who abets mendicancy by giving alms directly
Art. 226. Removal, concealment or destruction of
to mendicants, exploited infants and minors on public roads,
documents
sidewalks, parks and bridges shall be punished by a fine. See
Art. 227. Officer breaking seal
Special Law: RA 9208 (Anti-Trafficking in Persons Act) Art. 228. Opening of closed documents
Section 3: Revelation of secrets.
Note:
Art. 229. Revelation of secrets by an officer
Sec. 17: Persons trafficked (including prostitutes) are exempt
Art. 230. Public officer revealing secrets of private
from criminal liability.
individual
Chapter Six: Other Offenses Or Irregularities By Public
Under RA 9208, persons who hire trafficked persons are
Officers
criminally liable. Not so in Art 202 RPC.
Section 1: Disobedience, refusal of assistance, and
Under Sec. 35 of RA 10951, the fines have been increased to maltreatment of prisoner.
Php 20,000.00. However, in case of recidivism, the fines shall Art. 231. Open disobedience
range from Php 20,000.00 to Php 200,000.00, in the discretion Art. 232. Disobedience to order of superior officers, when
of the court. said order was suspended by inferior officer
Art. 233. Refusal of assistance
Art. 234. Refusal to discharge elective office
CRIMES COMMITTED BY PUBLIC Art. 235. Maltreatment of prisoners
OFFICERS
Section 2: Frauds in commerce and industry.
Art. 236. Anticipation of duties of a public office
Chapter One: Preliminary Provisions Art. 237. Prolonging performance of duties and powers
Art. 203. Who are public officers Art. 238. Abandonment of office or position
Chapter Two: Malfeasance and Misfeasance
Section 1: Dereliction of duty Section 3: Usurpation of powers and unlawful
appointments.
Art. 204. Knowingly rendering unjust judgment
Art. 205. Judgment rendered through negligence Art. 239. Usurpation of legislative powers
Art. 206. Unjust interlocutory order Art. 240. Usurpation of executive functions
Art. 207. Malicious delay in the administration of justice Art. 241. Usurpation of judicial functions
Art. 208. Prosecution of offenses; negligence and tolerance Art. 242. Disobeying request for disqualification
Art. 209. Betrayal of trust by an attorney or solicitor. — Art. 243. Orders or requests by executive officers to any
Revelation of secrets judicial authority
Art. 244. Unlawful appointments
Section 2: Bribery
Art. 210. Direct bribery
Section 4: Abuses against chastity.
Art. 211. Indirect bribery
Art. 212. Corruption of public officials Art. 245. Abuses against chastity; Penalties
Chapter Three: Frauds and Illegal Extractions and
Transactions


CHAPTER ONE: PRELIMINARY
The improper performance of some act which might
PROVISIONS
lawfully be done.
NONFEASANCE
ART. 203. WHO ARE PUBLIC OFFICERS
(Bar 1999) The omission of some act which ought to be performed.
Art. 203 obliterates the standard distinction in the law of SECTION 1: DERELICTION OF DUTY
public officers between “officer” and “employee” as the
definition is quite comprehensive to embrace every public
servant from the highest to the lowest. [Maniego vs. People] ART. 204. KNOWINGLY RENDERING UNJUST
JUDGMENT.
PUBLIC OFFICERS
ELEMENTS:
Those endowed with the exercise of sovereign executive,
legislative, or judicial functions.
(1) The offender is a judge;
(2) He renders a judgment in a case submitted to him for
The explication of the term is also consistent with the Court’s
decision;
pronouncement in Quimpo that, in the case of
(3) Said judgment is unjust; and
officers/employees in GOCCs, they are deemed “public
(4) He knows that said judgment is unjust.
officers” if their corporations are tasked to carry out
governmental functions. [Khan Jr. vs. Office of the
Ombudsman]
HOW TO HOLD A JUDGE LIABLE
Public Officers are those:
It must be shown that the judgment is unjust and that it was
(1) Taking part in the performance of public functions in
made with conscious and deliberate intent to do injustice.
the government;
(2) Performing in said government or in any of its branches
Good faith is a defense to the charge knowingly rendering
public duties as an employee, agent or subordinate
an unjust judgment remains the law. [Diego vs. Judge Castillo]
official, of any rank or class;
(3) His authority to take part in the performance of public
Knowingly means consciously, intelligently, willfully or
functions or to perform public duties must be –
intentionally.
a. By direct provision of the law;
b. By popular election; or
This article does not apply to the members of a collegiate court
c. By appointment by competent authority
such as the Supreme Court or its Divisions who reach their
conclusion in consultation and accordingly render their
PUBLIC OFFICERS UNDER RA NO. 3019
collective judgment after due deliberation.
Includes elective and appointive officials and employees,
permanent or temporary, whether in the unclassified or
ART. 205. JUDGMENT RENDERED THROUGH
classified or exempted service receiving compensation, even
NEGLIGENCE
nominal, from the government.
Even an emergency helper in the Bureau of Treasury can be ELEMENTS:

considered a public officer having been entrusted with the
custody of official documents. [People vs. Ireneo, C.A. 58 O.G. (1) Offender is a judge;
2827] (2) He renders a judgment in a case submitted to him for
decision;
PUBLIC OFFICER MUST DERIVE HIS AUTHORITY (3) Said judgment is manifestly unjust; and
FROM: (4) It was committed through inexcusable negligence or
ignorance
(1) Direct provision of law;
(2) Popular election; or appointment by competent
authority. MANIFESTLY UNJUST JUDGMENT
CHAPTER TWO: MALFEASANCE AND A judgment which cannot be explained with a reasonable
interpretation or is a clear inconvertible and notorious
MISFEASANCE IN OFFICE violation of a legal precept. It must be patently contrary to
law if rendered due to ignorance or inexcusable negligence.
MALFEASANCE
The test to determine whether an order or judgment is unjust
The performance of some act which ought not to be done. may be inferred from the circumstances that it is contrary to
law or is not supported by evidence. [Louis Vuitton SA v.
MISFEASANCE Judge Villanueva]


It must also be committed with deliberate intent to prejudice
Note: For Arts. 204 and 205, before a civil or criminal action a party in a case. [Magdamo v. Pahimulin]
against a judge can be entertained, there must be a final and
authoritative judicial declaration that the decision or order in
question is unjust. Pronouncement may result from: ART. 208. PROSECUTION OF OFFENSES; NEGLIGENCE
AND TOLERANCE.
a. Action of certiorari or prohibition in higher court
impugning the validity of the judgment; or
ACTS PUNISHED:
b. An administrative proceeding in the Supreme Court
against the judge precisely for promulgating an Unjust
(1) Maliciously refraining from institution of prosecution
Judgment or Order. [De Vera vs. Pelayo et. al., 129 SCAD for the punishment of violators of the law; and
252, 335 SCRA, citing In re Joaquin Borromeo, 59 SCAD 1, (2) Tolerating the commission of offenses.
241 SCRA 408]
Note: “maliciously” must be strictly construed. The action
complained of must be the result of a deliberate evil intent
ART. 206. UNJUST INTERLOCUTORY ORDER
and does not cover a mere voluntary act.
INTERLOCUTORY
PERSONS LIABLE:
Provisional; interim; temporary; not final. Something
intervening between the commencement and the end of a (1) Any public officer; or
suit which decides some point or matter but is not a final (2) Officer of the law.
decision of the whole controversy.
These officers are charged by law to prosecute offenses.
An interlocutory order or decree is one which does not
finally determine a cause of action but only decides some Malice is an integral element. Lack of zeal or any delay in
intervening matter pertaining to the cause, and which the performance of duties does not constitute the crime.
requires further steps to be taken in order to enable the court There must be bad faith or criminal intent to favor the
to adjudicate the cause on the merits. [Bustamante vs. offender.
Bonifacio]
Note: This article is NOT applicable to officers, agents, or
ELEMENTS: employees of the Bureau of Internal Revenue.
(1) That the offender is a judge; ELEMENTS:

(2) That he performs any of the following acts:
a. Knowingly rendering an unjust interlocutory (1) Offender is a public officer or officer of the law who has
order; or a duty to cause the prosecution of, or to prosecute,
b. Rendering a manifestly unjust interlocutory order offenses;
by inexcusable negligence or ignorance. (2) There is a dereliction of the duties of his office, that is,
knowing the commission of the crime, he does not
When the offense is committed by culpa, the penalty is cause the prosecution of the criminal, or knowing that a
suspension only. crime is about to be committed, he tolerates its
commission;
ART. 207. MALICIOUS DELAY IN THE (3) Offender acts with malice and deliberate intent to favor
ADMINISTRATION OF JUSTICE. the violator of the law.
ART. 209. BETRAYAL OF TRUST BY AN ATTORNEY OR

ELEMENTS:
SOLICITOR.
(1) Offender is a judge;
(2) There is a proceeding in his court; ACTS PUNISHED:
(3) He delays in the administration of justice;
(4) The delay is malicious, that is, with deliberate intent to (1) Malicious breach of professional duty;
inflict damage on either party in the case. (2) Inexcusable negligence or ignorance;
(3) Revelation of secrets learned in his professional
A mere court personnel cannot be made liable under this capacity (damage is not necessary); and
article. (4) Undertaking the defense of the opposite party in a case
There must be an allegation that the delay, if any, was borne without the consent of the first client whose defense has
of malicious intent. already been undertaken.
Malice connotes that the act complained of must be the Note: The client consents to the attorney’s taking the defense
result of a deliberate evil intent and does not cover a mere of the other party, there is no crime.
voluntary act. [Van Der Mee vs. Resurreccion]


When the attorney acts with malicious abuse of his
employment or inexcusable negligence or ignorance, there Bribery cannot be committed by a private person. If he offers
must be damage to his client. to bribe a public officer, he is liable for corruption of public
officials [Art. 212].
Under the rules on evidence, communications made with
prospective clients to a lawyer with a view to engaging his
professional services are already privileged even though the MODES OF COMMITTING DIRECT BRIBERY:
client-lawyer relationship did not eventually materialize
because the client cannot afford the fee being asked by the (1) Agreeing to perform, or by performing in consideration
lawyer. The lawyer and his secretary or clerk cannot be of any offer, promise, gift, or present – an act
examined thereon. constituting a crime, in connection with the
performance of his official duties
PROCURADOR JUDICIAL (2) Accepting a gift in consideration of the execution of an
act which does not constitute a crime, in connection
A person who had some practical knowledge of law and with the performance of his official duty
procedure, but not a lawyer, and was permitted to represent (3) Agreeing to refrain, or by refraining from doing
a party in a case before an inferior court. something which it is his official duty to do, in
consideration of a gift or promise
Under the Rules of Court, on the court of a justice of the
peace, a party may conduct his litigation in person, with the ELEMENTS OF DIRECT BRIBERY:
aidof an agent or friend or with the aid of an attorney.
(2) Offender accepts an offer or a promise or receives a gift
PREJUDICE TO THE CLIENT or present by himself or through another
(3) Such offer or promise be accepted, or gift or present
Essential when there is malicious breach of professional duty received by the public officer –
to inexcusable negligence or ignorance. A. With a view to committing some crime; or
B. In consideration of an execution of an act which
Not essential in the case of revelation of secrets or in the does not constitute a crime, but the act must be
representation of conflicting interests. unjust;
C. To refrain from doing something which is his
To prejudice is equivalent to causing material or moral official duty to do; and
damage to client. (4) That the crime or act relates to the exercise of his
functions as a public officer.
Revelation of secret signifies a communication of the same to
another.
BRIBERY EXISTS WHEN THE GIFT IS:
The secrets which should not be revealed are not limited to
those learned by the lawyer in connection with a case he is (1) Voluntarily offered by a private person;
intervening but also includes all other secrets learned from a (2) Solicited by the public officer and voluntarily delivered
client in the course of professional relationship. by the private person;
(3) Solicited by the public officer but the private person
AMENDMENTS UNDER RA. 10951: delivers it out of fear of the consequences should the
Under Sec. 36, the fines now range from Php 40,000.00 to public officer perform his functions (here the crime by
Php 200,000.00. the giver does not fall under corruption of public
officials due to the involuntariness of the act).
SECTION 2: BRIBERY
ESSENTIAL ELEMENTS OF CRIME OF CORRUPTION
OF PUBLIC OFFICIAL BY MEANS OF BRIBERY
PENALIZED IN 2ND PARAGRAPH:
KINDS OF BRIBERY:
(1) Person receiving the bribe shall be a public officer as
(1) Direct Bribery [Art.210] defined in Art. 203;
(2) Indirect Bribery [Art. 211] (2) That said officer shall have actually received, whether
personally or by another, gifts or presents, or accepted
ART. 210. DIRECT BRIBERY offers or promises;
(3) That such reception or acceptance shall have been for
(Bar 2001, asked 6 times total)
the purpose of executing as act, which may or may not
be accomplished, but not constituting a crime; and
PERSONS LIABLE:
(4) That the person offering the gift or making the
promises shall be a private individual.
(1) Public officers; or
(2) Assesors, arbitrators, appraisal and claim
commissioners, experts, or any other person
performing public duties.


CONVICTION OF A PERSON IN BRIBERY
The essential ingredient of indirect bribery is that the public
In the FIRST MODE of direct bribery, the act need not be officer concerned must have accepted the gift or material
actually committed. Mere agreement to execute the act is consideration. [Garcia vs. Sandiganbayan]
sufficient. US vs. Alban] As regards to the second kind, mere
agreement to execute the act does not suffice. It is not necessary that the public officer should do any
particular act or even promise to do an act, it is enough that
If a public officer (e.g. Prosecutor or a Judge) receives money he accepts gifts offered to him by reason of his office.
from a party litigant so that he would decide the case in
favor of said party litigant, the Prosecutor or the Judge shall The gift is made to anticipate a favor from the public officer
not be liable for direct bribery if he decides in favor of said in connection with his official duties or to reward past favors
party litigant if the party litigant, by the evidence adduced, in connection with official duties.
deserves to win. [Sandoval]
The act performed by the public officer is not unjust, so that
Direct bribery is a crime involving moral turpitude even if there is an agreement between the public officer and
the giver regarding the performance thereof, indirect bribery
Moral turpitude can be inferred from the third element of is committed and not direct bribery under par. 2 or the
the offense. The fact that the offender agrees to accept a preceding article.
promise or gift and deliberately commits an unjust act or
refrains from performing an official duty in exchange for ART. 211-A. QUALIFIED BRIBERY
some favors, denotes a malicious intent on the part of the
offender to renege on the duties which he owes his PERSONS LIABLE
fellowmen and society in general. Also, the fact that the
offender takes advantage of his office and position is
Public officers entrusted with law enforcement.
betrayal of the trust reposed on him by the public. It is a
conduct clearly contrary to the accepted rules of right and
HOW IT IS COMMITTED
duty, justice, honesty, and good morals. In all respects, direct
bribery is a crime involving moral turpitude. [Magno vs. Public officer refrains from arresting or prosecuting an
comelec]
offender who has committed a crime punishable by reclusion
perpetua and/or death in consideration of any offer, promise,
DIRECT BRIBERY AND ROBBERY, DISTINGUISHED
gift or present;
DIRECT BRIBERY ROBBERY Public officer asks or demands such gift or present.
ARTICLE 210 ARTICLE 293
The person arrested has The person arrested has not PENALTY
committed a crime and he committed a crime.
is threatened to give money Public officer shall suffer penalty for the offense which was
so as not to be prosecuted. not prosecuted;
The transaction generally is The transaction is neither
mutual and voluntary. voluntary nor mutual but Note: The crime is considered a capital offense, hence, bail is
consummated by the use of not a matter of right.
force or intimidation.
Death penalty was abolished by R.A No. 9346, so the penalty
ART. 211. INDIRECT BRIBERY of death in this crime is reduced to reclusion perpetua.
(Bar asked twice)

ART. 212. CORRUPTION OF PUBLIC OFFICIALS
ELEMENTS: (Bar 2001)
(1) Offender is a public officer; ELEMENTS:

(2) He accepts the gifts;
(3) The gifts are offered to him by reason of his office. (1) Offender makes offers or promises or gives gifts or
presents to a public officer;
Mere promise is not sufficient; the offender must have (2) The offers or promises are made or the gifts or presents
accepted or received the present or gift. given to a public officer, under circumstances that will
make the public officer liable for direct bribery or
indirect bribery.
DIRECT BRIBERY AND INDIRECT BRIBERY
DISTINGUISHED The offender is the giver of gifts or offeror of promise.
The principal distinction between direct and indirect bribery
is that in the direct bribery, the officer agrees to perform or There is no entrapment in crimes committed against the
refrain from doing an act in consideration of the gift or public welfare especially in bribery where the overt act is
promise. In indirect bribery, it is not necessary that the hard to prove since the briber himself is punished and is
officer should do any act. It is sufficient that he accepts the usually the one who can give direct evidence of the offense.
gift offered by reason of his office.


(3) Failing voluntarily to issue a receipt, as provided by
The following are exempt from prosecution or punishment law, for any sum of money collected by him officially,
for the offense with reference to which his information and in the collection of taxes, licenses, fees and other
testimony was given: imposts; and
(4) Collecting or receiving, directly or indirectly, by way of
(1) Any person who voluntarily gives information about payment or otherwise, things or objects of a nature
any violation of: different from that provided by law, in the collection of
taxes, licenses, fees and other imposts.
A. Article 210, 211, and 212 of the Revised Penal
Code; ELEMENTS OF FRAUD AGAINST PUBLIC TREASURY:
B. Anti-Graft and Corrupt Practices Acts (R.A. 3019,
as amended); (1) Offender is a public officer;
C. Section 345 of the Internal Revenue Code and (2) He should have taken advantage of his public office,
Section 3604 of the Tariff and Customs Code and that is, he intervened in the transaction in his official
other provisions of the said Codes penalizing capacity;
abuse or dishonesty on the part of the public (3) He entered into an agreement with any interested party
officials concerned; or speculator or made use of any other scheme with
D. Other laws, rules and regulations punishing acts regard to:
of graft, corruption and other forms of official A. Furnishing supplies;
abuse; B. The making of contracts;
C. The adjustment or settlement of accounts
(2) Any person who willingly testifies against any public relating to public property or funds
official or employee for such violation. [Section 1, PD (4) Accused had intent to defraud the Government.
749]
DIRECT BRIBERY VIS-A-VIS CORRUPTION OF PUBLIC CRIME OF “FRAUDS”

OFFICIALS
The crime is committed by mere agreement as long as the
Bar 2005 purpose is to defraud the government.
Corruption of Public
Direct Bribery
Officials
The public officer agrees to The person who conspired CRIME OF “ILLEGAL EXACTION”
perform an act either with the public officer, who
constituting or not made the promise, offer, or The first kind of illegal exaction is committed by a mere
constituting a crime, in gave the gifts or presents, demand for the payment of larger sums than that authorized
consideration of any offer, may be indicted only under by law. Even if the public officer does not receive the
promise, gift or present Article 212 for Corruption of excessive amount or sums demanded, the crime is already
received by such officer. Public Officials, regardless of committed. So if the said sums are received without
any allegation of conspiracy. demanding the same, the felony is not committed; but if the
Only the public officer may same were given as a sort of a gift or gratification because of
be indicted and be held his office, indirect bribery may be committed. [Ramiscal vs.
liable for Direct Bribery Sandiganbayan]
under 210
Criminal intent must be shown in the sense that the sums
were demanded by the public officer knowing them to be
excessive. If good faith is present, there is no criminal
CHAPTER THREE: FRAUDS AND ILLEGAL liability.
EXACTIONS AND TRANSACTIONS
In malversation of public funds or property under Art. 217
of the Revised Penal Code, frauds under Art 213 and
ART.213. FRAUDS AGAINST THE PUBLIC TREASURY violations of the Forestry Code of the Philippines, P.D No.
AND SIMILAR OFFENSES 705, as amended, to mention a few, the government is the
offended party entitled to the civil liabilities of the accused.
ACTS PUNISHED: For violations of Sec. 3(e) of R.A No. 3019, any party,
including the government, may be the offended party if such
(1) Entering into an agreement with any interested party or party sustains undue injury caused by the delictual acts of
speculator or making use of any other scheme, to the accused.
defraud the Government, in dealing with any person
with regard to furnishing supplies, the making of AMENDMENTS UNDER RA. 10951:
contracts, or the adjustment or settlement of accounts
relating to public property or funds; Under Sec. 37, the fines now range from Php 40,000.00 to
(2) Demanding, directly or indirectly, the payment of sums Php 2 Million.
different from or larger than those authorized by law,
in collection of taxes, licenses, fees, and other imposts;


ART. 214. OTHER FRAUDS (2) Experts, arbitrators and private accountants, who, in
like manner, took part in any contract or transaction
connected with the estate or property in the appraisal,
The public officer who, by taking advantage of his official
distribution or adjudication of which they have acted;
position, commits estafa or deceits embraced in Chapter VI,
Title X, Book II, of the Penal Code, suffers the additional and
penalty imposed by this article. (3) Guardians and executors with respect to the property
belonging to their wards or the estate.
ELEMENTS:
NATURE OF THE CRIME:
(2) He takes advantage of his official position; and
(3) He commits any of the frauds or deceits mentioned in The mere violation of the prohibition is punished although
no fraud occurs therefrom because the probability that fraud
Article 315 to 318 (estafa, other forms of swindling,
may be perpetuated does exist or at least the public officer
swindling a minor, other deceits).
may defer the State’s interest to his own. [US vs. Ubarde]
ART. 215. PROHIBITED TRANSACTIONS It is not enough to be a public official to be subject to this
crime, it is necessary that by reason of his office, he has
intervened in said contracts or transactions, and hence, the
ELEMENTS: official who intervenes in contracts or transactions which
have no relation to his office cannot commit this crime.
(1) Offender is an appointive public officer;
(2) During his incumbency, he becomes interested, directly AMENDMENTS UNDER RA. 10951:
or indirectly, in any transaction of exchange or Under Sec. 39, the fines now range from Php 40,000.00 to
speculation; Php 200,000.00.
(3) Within the territory of his jurisdiction; and
(4) He becomes interested in the transaction during his
incumbency. CHAPTER FOUR: MALVERSATION OF
PUBLIC FUNDS PROPERTY
ACTS PUNISHED
The act of taking part in any business for gain or profit or of ART. 217. MALVERSATION OF PUBLIC FUNDS OR
dedicating to commerce, the operations of which are subject PROPERTY; PRESUMPRION IF MALVERSATION
to the jurisdiction of the public officer.
(Bar 1999, 2001, 2007, asked 14 times in total)
Note: Actual Fraud is not required. The act is being
ELEMENTS:
punished for the possibility that fraud may be committed or
that the officer might place his own interest above that of the
government.
(2) He had the custody or control of funds or property by
reason of his duties;
Examples of transactions of exchange or speculation are:
(3) He is accountable for the public funds and property;
buying and selling stocks, commodities, land, etc. wherein
and
one hopes to take advantage of an expected rise or fall in
(4) He appropriates, takes, or misappropriates, or through
price.
abandonment or negligence permits other persons to
take such public funds or property, or otherwise is
Purchasing of stocks or shares in a company is simple
guilty of misappropriation or malversation of such
investment and not a violation of the article. However,
funds or property.
regularly buying securities for resale is speculation.
The offender may also be held liable under RA 3019 Sec 3(i).
ACTS PUNISHED:
AMENDMENTS UNDER RA. 10951:
(1) Appropriating public funds or property;
(2) Taking or misappropriating the same;
Under Sec. 38, the fines now range from Php 40,000.00 to
(3) Consenting or through abandonment or negligence,
Php 200,000.00.
permitting any person to take the same; and
(4) Misappropriation or malversation of such public funds
ART. 216. POSSESSION OF PROHIBITED INTEREST BY
or property.
A PUBLIC OFFICER
MALVERSATION
PERSONS LIABLE:
Consists in misappropriation or conversion of public funds
(1) Public officer who, directly or indirectly, became or property to one’s personal use or in knowingly, or
interested in any contract or business in which it was through abandonment or negligence allowing others to
his official duty to intervene; misappropriate them. It is otherwise called embezzlement.


EMBEZZLEMENT People] There must be indubitable proof that thing
unaccounted for exists.
Refers to malversation and estafa by conversion.
While demand is not an element of the crime of
One essential element of malversation is that a public officer malversation, it is a requisite for the application of the
must take public funds, money or property, and presumption. [Munib vs. People]
misappropriate it to his own private use or benefit.
The key word in Art. 217 of the Revised Penal Code is “take” General Rule: A private person cannot commit
and there must be asportation of public funds or property, malversation.
akin to the taking of another’s property in theft. The funds,
money or property taken must be public funds or private Exceptions:
funds impressed with public attributes or character for (1) If such private person who in any capacity
which the public officer is accountable. [Salamera vs. whatever has charge of any insular, provincial, or
Sandiganbayan] municipal funds, revenues or property. [Art. 222,
People vs. Luz]
WHAT NEEDS TO BE PROVED: (2) If such private person takes a direct participation
in the commission of the malversation of public
(1) That the accused received public funds or property; funds or property by a public officer or cooperates
(2) That he could not account for them; in the commission of the same, he is guilty as a co-
(3) That he did not have them in his possession; and principal. [U.S v. Ponte citing Groizard and Viada]
(4) That he could not give reasonable excuse for the
disappearance of the same.
PRIVATE FUNDS OR PROPERTY MAY ALSO BE
SUBJECT OF MALVERSATION (People vs. Dela Cerna)
ACCOUNTABLE PUBLIC OFFICER
Art. 222 provides that malversation may be committed upon
One who has custody or control of public funds or property property placed in the custody of public officers by reason of
by reason of the duties of his office. their office even if such property belongs to a private
individual. Such phrase denotes the express intention of the
To be liable for malversation, an accountable officer need not Code to make accountable for public officers guilty of
be a bonded official. The name or relative importance of the malversation of private funds or property as long as such
office or employment is not the controlling factor. What is were placed in their custody.
decisive is the nature of the duties that he performs and that
as part of, and by reason of said duties, he receives public Even if the funds belong to a private individual, they
money or property which he is bound to account. [Quinon vs. become impressed with the characteristics of public funds or
People] partake of the characteristics of public funds, when they are
entrusted to an accountable public officer for his official
Malversation may be committed either through a positive custody.
act of misappropriation of public funds or property or
passively through negligence by allowing another to commit While malversation may be committed through negligence,
such misappropriation. not all abandonment or negligence constitutes malversation
but only such that approximates intent and malice. To
To sustain a charge of malversation, there must be either render such elemnt a basis for conviction, the negligence
criminal intent or criminal negligence and while the must be positively and clearly shown to be inexcusable,
prevailing facts of a case may not show that deceit attended approximating malice or fraud.
the commission of the offense, it will not preclude the
reception of evidence to prove the existence of negligence The public officer must adopt the necessary precaution and
because both are equally punishable in Art. 217 or the zeal demanded by the circumstances.
Revised Penal Code.
GOOD FAITH OR HONEST MISTAKE IS A DEFENSE IN
The felony involves breach of public duty, and whether it is MALVERSATION
committed through deceit or negligence, the law makes it Payment in good faith even if unauthorized as long as there
punishable and prescribes a uniform penalty therefor. Even is reasonable ground to believe that the public officer to
when the information charges willful malversation, whom the fund had been paid was entitled thereto, the
conviction for malversation through negligence may still be accused is deemed to have acted in good faith; hence, there
adjudged if the evidence ultimately proves that the mode of is no criminal intent, and therefore no malversation. (People
commission of the offense. [People vs. Uy, Jr.] vs. Fabian)
Presumption of misappropriation: When a demand is made DEMAND IS NOT NECESSARY TO CONSTITUTE

upon an accountable officer and he cannot produce the fund MALVERSATION
or property involved, there is a prima facie presumption that
he had converted the same to his own use. [Waacon vs. It is merely a rule of evidence and no more, since, without
demand, affirmative proofs must be presented to show


actual malversation but the moment it is shown that the
accountable officer does not have the funds where he says he If a private person in conspiracy with an accountable officer
has them, malversation is committed. (People vs. Tolentino) is accused of malversation and the public officer is acquitted,
the private person may be convicted for the crime of estafa
CONTROLLING TEST as such offense is necessarily included in malversation.
(people vs. Salazar)
The nature of duties of the public officer and not the
importance of his position. RETURN OR REIMBURSEMENT
AMENDMENTS UNDER RA. 10951: Return: Mitigating circumstance if promptly returned.

(People vs. Velaszquez) However, it is not a mitigating
Under Sec. 40, the penalties are as follows: circumstance if the return is made after sometime as it
cannot then be considered analogous to voluntary surrender.
(1) The penalty of prisión correccional in its medium and (People vs. Amante) Only the civil liability will be
maximum periods, if the amount involved in the extinguished.
misappropriation or malversation does not exceed
Forty thousand pesos (₱40,000). Reimbursement: Mere failure of an accountable public
(2) The penalty of prisión mayor in its minimum and officer to produce funds under his custody on demand by
medium periods, if the amount involved is more than any officer authorized to examine his account, is prima facie
Forty thousand pesos (₱40,000) but does not exceed evidence of conversion and its refund even before
One million two hundred thousand pesos (₱1,200,000). commencement of criminal prosecution does not exempt him
(3) The penalty of prisión mayor in its maximum period from criminal liability. (People vs. Delevorio)
to reclusion temporal in its minimum period, if the
amount involved is more than One million two
hundred thousand pesos (₱1,200,000) but does not ART. 218. FAILURE OF ACCOUNTABLE OFFICER TO
exceed Two million four hundred thousand pesos RENDER ACCOUNTS
(₱2,400,000).
(4) The penalty of reclusion temporal, in its medium and ELEMENTS:
maximum periods, if the amount involved is more than
Two million four hundred thousand pesos (₱2,400,000) (1) Offender is a public officer whether in the service or
but does not exceed Four million four hundred separated therefrom by resignation or any other cause;
thousand pesos (₱4,400,000). (2) He is accountable for public funds or property;
(5) The penalty of reclusion temporal in its maximum (3) He is required by law or regulation to render account to
period, if the amount involved is more than Four the Auditor General or to a Provincial Auditor; and
million four hundred thousand pesos (₱4,400,000) but (4) He fails to do so for a period of two (2) months after
does not exceed Eight million eight hundred thousand such accounts should be rendered.
pesos (₱8,800,000). If the amount exceeds the latter, the
penalty shall be reclusion perpetua. “TO RENDER ACCOUNT XXX TO PROVINCIAL
EDITOR”
Means that the accounts should be rendered at the office of
MALVERSATION AND ESTAFA, DISTINGUISHED the Provincial Auditor and hence, the failure to render the
Bar 1999 account must be deemed committed in the same place.
Estafa with Abuse of (People vs. Batog)
Malversation [Art. 217]
Confidence [Art. 315]
Funds or property are Funds or property are This is a felony by omission and misappropriation is not
usually public. always private. necessary – the reason for this is that the law does not so
much contemplate the possibility of malversation as the
Offender is usually an Offender is a private
need of enforcing by a penal sanction the performance of the
accountable public officer individual or even a
duty incumbent upon every public employee who handles
for the public public officer who is not
government funds, as well as every depositary or
funds/property. accountable for public
administrator of another’s property, to render an account of
funds/property who acts
all he receives or has in his charge by reason of his
in a private capacity.
employment. Misappropriation is not necessary. If there is
Crime is commited by Crime is committed by misappropriation, he would be liable also for malversation
appropriating, taking, or misappropriating, under Article 217.
misappropriating or converting, or denying
consenting or through having received money, The design of the law is to impart stability to the good order
abandonment or negligence, goods or other personal and discipline which should prevail in the organization and
permitting any other person property. workings of the public service by punishing the employee
to take the public funds or who should disobey a law or regulation, lawfully made by a
property. competent officer for the rendition of accounts. (US vs.
No element of damage. There is damage. Sebron)
Demand not necessary. There is a need for prior
The presumption of conversion incarnated in Art. 217, par. 4
demand.
of the Revised Penal Code is – by its very nature –


rebuttable. To put it differently, the presumption under the Malversation of Public
Technical malversation
law is not conclusive but disputable by satisfactory evidence Funds
Article 220
to the effect that the accused did not utilize the public funds Article 217
or property for his personal use, gain, or benefit. Offenders are accountable Offender is a public officer.
public officer.
AMENDMENTS UNDER RA. 10951: The offender derives no There is, generally, a
personal gain or benefit personal benefit derived
Under Sec. 41, the fines for those found guilty under Art. 218 from the commission of from the proceeds of the
shall range from Php 40,000.00 to Php 1.2 Million. the act. crime.
The object to which the The conversion is for the
fund or property is applied personal interest of the
ART. 219. FAILURE OF A RESPONSIBLE PUBLIC is also public but different offender.
OFFICER TO RENDER ACCOUNTS BEFORE LEAVING from that provided by law.
THE COUNTRY.
For technical malversation to exist, it is necessary that public
ELEMENTS: funds or properties were diverted to any public use other
than that provided for by law or ordinance. To constitute a
(1) Offender is a public officer whether in active service or crime, there must be a diversion of the funds from the
not; purpose for which they had been originally appropriated by
(2) He is accountable for public funds or property; and law or ordinance. (Tetangco vs. Ombnudsman)
(3) He leaves or attempts to unlawfully leave the country
without clearance from the Commission on Audit that There must be a law or ordinance appropriating public
his accounts have been settled. funds or property for a specific purpose which the accused
has violated. (People vs. Montemayor)
Demand for accounting is not necessary. It is also not
essential that there be misappropriation because if present, In technical malversation, lack of intent is not a defense
the crime would be malversation. because it is malum prohibitum. It is the commission of an
act as defined by the law, and not the character or effect
AMENDMENTS UNDER RA. 10951: thereof, that determines whether the provision has been
violated. Hence, malice or criminal intent is completely
Under Sec. 42, the fines now range from Php 40,000.00 to irrelevant.
Php 200,000.00.
ART. 221. FAILURE TO MAKE DELIVERY OF PUBLIC

ART. 220. ILLEGAL USE OF PUBLIC FUNDS OR FUNDS OR PROPERTY
PROPERTY
ELEMENTS:
This felony is known as “technical malversation” – a penal
sanction to the constitutional provision that no money shall (1) The public officer has Government funds in his
be paid out of the treasury except in pursuance of an possession;
appropriation made by law. (Sec. 29[1], Art. VI, 1987 (2) He is under an obligation to make payment from such
Constitution) funds; and
(3) But he maliciously fails to make the payment.
ELEMENTS:
ACTS PUNISHED:
(1) Offender is an accountable public officer; (1) Failure of public officer under obligation to make
(2) There is public fund or property under his payment from government funds under his possession
administration; to make such payment; and
(3) Such fund or property were appropriated by law or
ordinance; and (2) Refusal of public officer to make delivery of property
(4) The public use for which the public funds or property under his custody or administration after being ordered
were applied is different from the purpose for which to do so by competent authority.
they were originally appropriated.
The crime is committed by mere failure to make payment
Damage is not an essential element and the offender derives from government funds which it is the obligation of the
no benefit. However, if no damage or embarrassment to the public officer to do. If the failure is due to the fact that he
public service resulted, the penalty is a fine only from 5 to 50 misappropriated the funds, malversation is committed. If the
per cent of the sum misapplied. failure is due to the fact that he devoted said funds to
another public purpose, technical malversation is
committed.
TECHNICAL MALVERSATION AND MALVERSATION
OF PUBLIC FUNDS, DISTINGUISHED AMENDMENTS UNDER RA. 10951:
Bar 1996


Under Sec. 43, the fine shall be graduated but shall not be CLASSES OF PRISONERS INVOLVED:
less than Php 10,000.00
(1) Those who have been sentenced by final judgment to
ART. 222. OFFICERS INCLUDED IN THE PRECEDING any penalty; and
PROVISIONS (2) Detention prisoners who are temporarily held in
custody for any crime or violation of law or municipal
ordinance.
PERSONS LIABLE:
(1) Private individual who, in any capacity, have charge of

This includes allowing prisoners to sleep and eat in the
any national, provincial or municipal funds, revenue, or
property. officer‘s house or utilizes the prisoner‘s services for domestic
(2) Administrator or depositary of funds or property that chores.
has been attached, seized or deposited by public
The release of a detention prisoner who could not be
authority, even if owned by a private individual.
delivered to judicial authorities within the time fixed by law
is not infidelity in the custody of a prisoner.
This article extends the application of the provisions on
Without connivance in the escape of the prisoner on the part
malversation to private individuals who have charge of
of the person in charge, this crime is not committed.
public funds or property if entrusted to the custody of a
public officer for which he becomes accountable.
Mere leniency or laxity in the performance of duties does not
To be accountable, the private individual must have charge constiture infidelity.
of any national, provincial or municipal funds, revenues or
property.
Bar 1996, 1997
Administrator or Depositary Infidelity in the Custody of Detained Persons under
Refers to those persons who have charge of funds or Republic Act No. 9372
property attached or seized or deposited by public authority.
Any public officer who has direct custody of a detained
Sheriffs and receivers person or under the provisions of R.A No. 9372 and who
Fall under the term administrator. by his deliberate act, misconduct, or inexcusable
negligence causes or allows the escape of such detained
A judicial administrator in charge of settling the estate of person shall be guilty of an offense and shall suffer the
the deceased is not covered by this article. penalty of:
(1) Detained person has already been convicted and

CHAPTER FIVE: INFIDELITY OF PUBLIC sentenced in a final judgment of a competent court;
OFFICERS Twelve 12 years and one 1 day to twenty 20 years of
imprisonment
SECTION 1: INFIDELITY IN THE (2) Detained person has not been convicted and sentenced
CUSTODY OF PRISONERS in a final judgment of a competent court.
Six 6 years and one 1 day to twelve 12 years of
imprisonment
KINDS OF INFIDELITY OF PUBLIC OFFICERS:
(1) Infidelity in the custody of prisoners.

ART. 224. EVASION THROUGH NEGLIGENCE
(2) Infidelity in the custody of documents.
(3) Revelation of secrets. (Bar, asked 5 times)
ART. 223. CONNIVING WITH OR CONSENTING TO ELEMENTS:

EVASION
(2) He is charged with the conveyance or custody of a
ELEMENTS:
detention prisoner or prisoner by final judgment; and
(3) The escape occurs through his negligence.
(1) The offender is a public officer;
(2) He has under his custody or charge a prisoner serving
Not every mistake is negligence under this article. There
sentence by final judgment or a detention prisoner;
must have been definite laxity amounting to deliberate non-
(3) Such prisoner escaped from his custody; and
performance of duty. This is the distinction between neglect
(4) He connives with or consent to the escape of such
that is properly dealt with administratively, and neglect that
prisoner.
gives rise to the crime of infidelity in the custody of
prisoners through negligence. (People v. Flosa, citing People v.
Nava)


This covers only positive carelessness and definite laxity SECTION 2: INFIDELITY IN THE
which amounts to deliberate non-performance of duties.
CUSTODY OF DOCUMENTS
If a policeman who was on guard duty unlocked the door of
the jail to let a detention prisoner go out and clean the
premises, but on the latter’s third trip to a nearby faucet, he ART. 226. REMOVAL, CONCEALMENT, OR
walked behind the police headquarters, climbed over the DESTRUCTION OF DOCUMENTS
wall and escaped, the crime of Evasion through negligence is
not committed by the police on guard duty. [People vs. Solis, ELEMENTS:
CA 43 O.G. 50]
The fact that the public officer recaptured the prisoner who (2) He abstracts, destroys, or conceals documents or
had escaped from his custody does not afford complete papers;
exculpation. (3) Such documents or papers were entrusted to him by
reason of his office; and
(4) Damage to a third party or to the public.
THE LIABILITY OF AN ESCAPING PRISONER:
(1) If he is a prisoner by final judgment, he is liable for REMOVAL

evasion of service [Art. 157];
(2) If he is a detention prisoner, he does not incur criminal Presupposes appropriation of the official documents. The
liability (unless cooperating with the offender). removal, however, must be for an illicit purpose. (Manzarinis
vs. People)
ART. 225. ESCAPE OF PRISONER UNDER THE DESTRUCTION

CUSTODY OF A PERSON NOT A PUBLIC OFFICER
Equivalent to rendering useless or the obliteration of said
ELEMENTS: documents; the complete destruction thereof is necessary.
(1) Offender is a private person; CONCEALMENT

(2) The conveyance or custody of a prisoner or person
under arrest is confided to him; Means that the documents are not forwarded to their
(3) The prisoner or person under arrest escapes; and destination; it is not necessary that they are secreted away in
(4) Offender consents to the escape, or that the escape takes a place where they could not be found.
place through his negligence.
Documents as used here have the same meaning as that
which has been defined and explained in the crime of
If the offender who aided or consented to the prisoner‘s falsification. It also includes “papers” entrusted to the public
escaping from confinement, whether the prisoner is a convict officer, which may include papers missing contained in an
or a detention prisoner, is not the custodian, the crime is envelope received by a postmaster for transmission to
delivering prisoners from jail under Article 156. another. If the postmaster abstracted the money, infidelity is
committed.
The party who is not the custodian but who conspired with
the custodian in allowing the prisoner to escape does not It is not necessary that the act of removal be coupled with
commit infidelity in the custody of the prisoner. proof of intention to conceal.
Art. 225 is not applicable if a private person was the one THE FELONY IS COMMITTED IN THREE (3) WAYS:
who made the arrest and he consented to the escape of the
person he arrested. (1) Removal;
(2) Concealment; or
The offender is not the one who arrested the escaping (3) Destruction
prisoner but the one who agreed to have the custody or
charge of the same. The word “or” is disjunctive signifying disassociation and
independence of one thing from each of the other things
AS AN ACT OF NEGLIGENCE mentioned. (Kataniag vs. People)
Policeman escorted detained prisoner to the court. After the The damage to third persons or to the public must be actual
court adjourned, he let her eat lunch with her family, but need not be pecuniary or material. Mere alarm to the
permitted her to go to the ladies’ washroom unescorted and public or in the alienation of its confidence in any branch of
after her escape, did not report it immediately to his the government service is sufficient.
superiors, instead he went around looking for her. SC held
that he is guilty of the crime in Art 224 for being negligent in It is essential that there be damage or intent to cause said
the performance of his duties which made the escape of damage, although need not be serious, to a third person or to
Sacris possible. (People vs. Rodillas)


public interest. Without any damage, the crime is not If the closed document is sealed and in opening it the seal is
committed. broken, the act is punished under Art. 227.
The crime is consummated the moment the documents If the opening of the closed document, the public officer
under the custody of the public officer are removed from the abstracted its contents, the crime of theft is committed.
place where they are kept.
The closed document that was opened must be entrusted to
WHEN OFFENDER IS A PRIVATE INDIVIDUAL the public officer by reason of his office.
A private individual who conspires with a mail carrier in the Damage also not necessary. Mere opening of the closed
offense of removing, concealing and destroying mail document constitutes the crime.
matters, may be convicted or infidelity in the custody of the
documents following the doctrine that even private parties AMENDMENTS UNDER RA. 10951:
who participates with a public officer in committing
malversation can also be punished for the offense. (People vs. Under Sec. 46, the fine imposed shall not exceed Php
Agustin) 400,000.
But a private individual who conceals, removes, destroys SECTION 3: REVELATION OF SECRETS
official documents or papers with intent to defraud commits
estafa. (Art. 315, paragraph 3)
AMENDMENTS UNDER RA. 10951: ART. 229. REVELATION OF SECRETS BY AN OFFICER
Under Sec. 44, the maximum fine in both has been increased. ACTS PUNISHED:
Now, the fine imposed shall not exceed Php 200,000.
(1) Revealing any secrets known to the offending public
officer by reason of his official capacity;
ART. 227. OFFICER BREAKING SEAL
ELEMENTS:
ELEMENTS: A. Offender is a public officer;
B. He knows of a secret by reason of his official
(1) Offender is a public officer; capacity;
(2) He has custody of papers or property; C. He reveals such secret without authority or
(3) Such papers or property have been sealed by authority; justifiable reasons; and
and D. Damage, great or small, is caused to the public
(4) Offender breaks the seals or permits them to be broken interest.
without any authority.
(2) Wrongfully delivering papers or copies of papers of
which he may have charge, and which should not be
In "breaking of seal", the word "breaking" should not be published.
given a literal meaning. If the custodian managed to open
the parcel without breaking the seal, breaking is present. ELEMENTS:
A. Offender is a public officer;
Damage is not an element. The crime may be committed B. He has charge of papers;
through negligence. C. Those papers should not be published;
D. He delivers those papers or copies thereof to a
AMENDMENTS UNDER RA. 10951: third person;
E. The delivery is wrongful; and
Under Sec. 45, the fine imposed shall not exceed Php F. Damage is caused to public interest.
400,000.
ART. 228. OPENING OF CLOSED DOCUMENTS CHARGE
Means custody or control. If he is merely entrusted with the

ELEMENTS: papers and not with the custody thereof, he is not liable
under this article.
(2) He is not included in the provisions of Art. 229 The secrets referred to in this article are those which have an
(Revelation of secrets by an officer); official or public character, the revelation of which may
(3) He is entrusted with the custody of closed papers, prejudice public interest. They refer to secrets relative to the
documents or objects; and administration of the government.
(4) He opens or permits the same to be opened without
proper authority. These secrets do not include military secrets or those affect
the security of the State as the latter may constitute
espionage.


Damage is also not an essential element although a higher CHAPTER SIX: OTHER OFFENSES OR
penalty is imposed where the act has caused serious damage
IRREGULARITIES BY PUBLIC OFFICERS
to public interest.

SECTION 1: DISOBEDIENCE, REFUSAL
Under Sec. 47, if the revelation causes serious damage to OF ASSISTANCE, AND MALTREATMENT
public interest, the fine shall not exceep Php 400,000.00; if it OF PRISONER
does not, the fine shall not exceed Php 100,000.00.
ART. 231. OPEN DISOBEDIENCE

ART 229 AND ART 226, DISTINGUISHED
Removal, Concealment ELEMENTS:

Revelation Of Secrets By
or Destruction of
An Officer [Art. 229]
Documents [Art. 226] (1) Offender is any judicial or executive officer;
The papers contain secrets The papers do not contain (2) There is judgment, decision or order of a superior
and therefore should not be secrets but their removal authority made within the scope of the jurisdiction of
published, and the public is for an illicit purpose. the latter and issued with all legal formalities; and
officer having charge (3) Offender openly refuses to execute such judgment,
thereof removes and decision or order.
delivers them wrongfully to
a third person. OPENLY
According to its grammatical meaning means, “without

ART. 230. PUBLIC OFFICER REVEALING SECRETS OF reservation”, “frankly” or “decisively”.
PRIVATE INDIVIDUAL
The refusal must be clear, manifest, and decisive or a
repeated and obstinate disobedience in the fulfillment of an
ELEMENTS: order.
(1) Offender is a public officer; The refusal must be intentional and must not be confused
(2) By reason of his office he came to know of the secrets of a with omission arising from oversight, mistake or erroneous
private person; and interpretation of the order.
(3) He reveals such secrets without authority or wrongfully
delivers said papers. AMENDMENTS UNDER RA. 10951:
Under Sec. 49, the fine imposed shall not exceed Php
The secrets referred to in this article are those which have an 200,000.
official or public character, the revelation of which may
prejudice public interest. They refer to secrets relative to the ART. 232. DISOBEDIENCE TO ORDER OF SUPERIOR
administration of the government. OFFICERS, WHEN SAID ORDER WAS SUSPENDED BY
INFERIOR OFFICER
These secrets do not include military secrets or thise which
affect the security of the State as the latter may constitute ELEMENTS:
espionage.
Revelation to one person is sufficient. When the offender is a (2) For a reason, he has suspended the execution of an
public attorney or a solicitor, the act of revealing the secret order of his superior;
should not be covered by Art 229. (3) The superior has disapproved the said suspension; and
(4) Offender still disobeys his superior’s disapproval.
It is not necessary that damage be suffered by private
individual, although a higher penalty is imposed where the
act has caused serious damage to public interest. The order of the superior must be legal or issued within his
authority.
The reason for this provision is to uphold faith and trust in
public service. The disobedience must be open and repeated.
AMENDMENTS UNDER RA. 10951: If the suspension is disapproved by the superior officer, and
the subordinate persists in his disobedience, it is necessary
Under Sec. 48, the fine imposed shall not exceed Php that the superior reiterates compliance of the order
200,000. disobeyed before the act punished in this article can be
committed.


What is punished by the law is insubordination or the act of (3) That he maltreats such prisoner in either of the
defying the authority which is detrimental to public interest. following manners:
a. By overdoing himself in the correction or
handling of a prisoner or detention prisoner
ART. 233. REFUSAL OF ASSISTANCE under his charge either by-
a. Imposition of punishment not
authorized by regulation, or
ELEMENTS: b. Inflicting such authorized
punishment in a cruel and
(1) Offender is a public officer; humiliating manner.
(2) He fails to lend his cooperation towards the b. By maltreating such prisoner to extort a
administration of justice or other public service; and confession or to obtain some information
(3) Said failure or refusal was made upon demand of from the prisoner.
competent authority.
“Under his charge” means actual charge, not one which is
by legal fiction. (People vs. Javier)
Damage is not an element. Serious damage to public interest
or a third person merely aggravates the imposition of the If the public officer is not the custodian of the prisoner, and
penalty. he manhandles the latter, the crime is physical injuries.
The accused public officer should be under the obligation by The offended party must be a convict by final judgment or
reason of his office to render the required assistance to the a detention prisoner.
administration of justice or any public service. The refusal,
however, must be positively malicious. If the person is not a convict or a detention prisoner, the
crime committed would either be coercion or physical
The request must come from one public officer to another. If injuries:
he receives consideration therefore, bribery is committed.
● Coercion: If the person not yet confined in jail is
But mere demand will fall under the prohibition under the maltreated to make him confess his guilt.
provision of Republic Act No. 3019. ● Physical injuries: If the person maltreated has
already been arrested but is not yet booked in the
AMENDMENTS UNDER RA. 10951: office of the police and put in jail.
Under Sec. 50, the fine imposed shall not exceed Php 200,000
if the failure results in serious damage to the public interest The maltreatment must relate to (1) the correction or
or to a third party; otherwise it shall not exceed Php handling of the prisoner or (2) for extorting a confession. If
100,000.00. it is due to a personal grudge against the prisoner, the crime
is physical injuries.
ART. 234. REFUSAL TO DISCHARGE ELECTIVE OFFICE Offender may also be held liable for physical injuries or
damage caused.
ELEMENTS:
Penalty:
(1) Offender was elected by popular election to a public The penalty under Republic Act No. 10951 is prision
officer; and correccional in its medium period to prision mayor in its
(2) He refuses without legal motive to be sworn in or to minimum period.
discharge the duties and office.
If the purpose of maltreatment is to extort a confession or to
Once an individual is elected to an office by the will of the obtain some information from the prisoner, the felony
people, discharge of duties becomes a matter of duty, not becomes qualified. This is known as “third degree”. The
only a right. This only applies for elective, not appointive offender shall then be punished by prision mayor in its
officers. minimum period, temporary special disqualification and a
fine not exceeding P100,000.
Under Sec. 51, the fine imposed shall not exceed Php See: Human Security Act of 2007 (R.A. 9372)
200,000. Section 24 thereof prohibits the use of torture or coercion in
the investigation and interrogation of the detained persons.
ART. 235 MALTREATMENT OF PRISONERS Evidence obtained in violation of such will be inadmissible
in any proceedings and the person who will use torture or
ELEMENTS: coercion shall suffer the penalty of twelve (12) years and one
day to twenty (20) years of imprisonment as provided under
(1) Offender is a public officer or employee; Section 25.
(2) He has under his charge a prisoner or detention
prisoner; and


SECTION 2: FRAUDS IN COMMERCE Committed by any public Committed only by public
AND INDUSTRY officer. officers who have the duty to
institute prosecution for the
punishment of violations of the
law.
ART. 236 ANTICIPATION OF DUTIES OF A PUBLIC There is actual Public officer does not abandon
OFFICE: abandonment through his office but merely fails to
resignation to evade the prosecute a violation of the
ELEMENTS: discharge of duties. law.
(1) Offender is entitled to hold a public office either by

appointment or election;
(2) The law requires that offender should be first sworn to SECTION 3: USURPATION OF POWERS
or should first give a bond; and AND UNLAWFUL APPOINTMENTS
(3) That offender assumes performance of said duties
without first being sworn to or without first giving a
bond. ART. 239 USURPATION OF LEGISLATIVE POWERS:
Offender is suspended from office until he shall be sworn or

until he gives a bond. Penalty is fine from P40,000 to ELEMENTS:
P100,000 as provided under R.A. No. 10951.
(1) Offender is an executive or judicial officer;
ART. 237 PROLONGING PERFORMANCE OF DUTIES (2) He encroaches upon the powers of the legislative
AND POWERS branch of the government; and
(3) Such usurpation consists in making general rules or
regulations beyond the scope of his authority by
ELEMENTS: attempting to repeal a law or suspending the execution
thereof.
(1) Offender is a public officer; and
(2) He continues to exercise the duties and powers of his ART. 240. USURPATION OF EXECUTIVE FUNCTIONS.
office, employment or commission, beyond the period
provided by law, regulations or special provisions
applicable to the case. ELEMENTS:
The offenders contemplated here can be those suspended, (1) Offender is a judge; and
separated, declared over-aged, or dismissed. (2) He assumes any power pertaining to the executive
authorities or obstructs the latter in the lawful exercise
ART. 238 ABANDONMENT OF OFFICE OR POSITION. of their powers.
ART. 241. USURPATION OF JUDICIAL FUNCTIONS.

ELEMENTS:
ELEMENTS:
(2) He has tendered his resignation from his position; (1) Offender is an officer of the executive branch of the
(3) His resignation has not yet been accepted; and government; and
(4) He abandons his office to the detriment of public (2) He assumes judicial powers or obstructs the execution
service. of any order or decision rendered by a judge within his
jurisdiction.
There must be a written formal resignation. It is
indispensable to a resigning employee. Article 239 to 241 punish interference by officers of one of
the three departments of the government with the functions
The crime is qualified if the office is abandoned to evade the of an official of another department to maintain the
discharge of the duties of preventing, prosecuting or separation and independence of the three departments.
punishing any of the crime falling within Title One and
Chapter One of Title Three of the Code. (Treason, conspiracy Usurpation of one officer of a given department of the
to commit treason, espionage, piracy or mutiny on the high power of another officer in the same department is not
seas, etc. rebellion, sedition, inciting to rebellion or sedition, covered, like the exercise by a bureau employee of the
etc.) powers of his directors.
ABANDONMENT OF OFFICE OR POSITION AND Legislative officers are not punished for crimes under
DERELICTION OF DUTY DISTINGUISHED: Articles 239 to 241.
Abandonment of Office or Dereliction of Duty [Art. 208]

Position [Art. 238]


ART. 242. DISOBEYING REQUEST FOR he is required to submit a report to or consult with a
DISQUALIFICATION. superior officer;
(2) Soliciting or making immoral or indecent advances to a
woman under the offender’s custody; and
ELEMENTS:
(3) Soliciting or making immoral or indecent advances to
(1) Offender is any public officer; the wife, daughter, sister or relative within the same
degree by affinity of any person in the custody of the
(2) There is a proceeding pending before him;
offending warden or officer.
(3) He has been lawfully required to refrain from taking
cognizance of such proceeding; and
ELEMENTS:
(4) He continues such proceeding before the question of
jurisdiction has been decided.
(2) He solicits or makes immoral or indecent advances to a
The disobedient officer is liable even if the jurisdictional
woman;
question is resolved in his favor.
(3) Such woman is –
ART. 243. ORDERS OR REQUESTS BY EXECUTIVE A. interested in matters pending before the
OFFICERS TO ANY JUDICIAL AUTHORITY. offender for decision, or with respect to
which he is required to submit a report to or
consult with a superior officer; or
ELEMENTS: B. under the custody of the offender who is a
warden or other public officer directly
(1) Offender is an executive officer; charged with the care and custody of
(2) He addresses any order or suggestion to any judicial prisoners or persons under arrest; or
authority; and C. the wife, daughter, sister or relative within
(3) Such refers to any case or business coming within the the same degree by affinity of the person in
exclusive jurisdiction of the court. the custody of the offender.
The purpose is to maintain the independence of the judiciary Solicit means to propose earnestly and persistently
from executive dictations. something unchaste and immoral to a woman. The advances
must be immoral or indecent.
ART. 244. UNLAWFUL APPOINTMENTS.
The crime is consummated by mere proposal. However,
ELEMENTS: there must be proof of such solicitation or advances.
(1) Offender is a public officer; Proof of solicitation is not necessary when there is sexual
(2) He nominates or appoints a person to a public office; intercourse
(3) Such person lacks the legal qualifications for the office;
and The advances must be made to a woman as defined under
(4) He has the knowledge of the lack of qualifications of the article. [See element 3] If the Immoral or indecent
said person. advances to the mother of the person in the custody of the
public officer is not covered by this article. However, the
offender may be prosecuted under RA 3019 (Anti-Graft and
The offense is committed by nominating or appointing. Corrupt Practices Act).
Recommending, knowing that the person recommended is
not qualified is not a crime. The offender must be the custodian of the person under
arrest. If the offender was not the custodian, the crime
There must be a law providing for the qualifications of a would also fall under Republic Act No. 3019.
person to be nominated or appointed to a public office.
Abuse against chastity is not absorbed in rape because the
In addition to a penalty under this act, penalties under RA basis of penalizing the acts is different from each other.
3019 may be imposed when the act constitutes graft and
corrupt practices. See also:
(1) RA 3019: Anti-Graft and Corrupt Practices
SECTION 4: ABUSES AGAINST (2) RA 7080: Anti-Plunder Act
CHASTITY (3) RA 9372: Human Security Act
CRIMES AGAINST PERSONS

ART. 245. ABUSES AGAINST CHASTITY; PENALTIES.
ACTS PUNISHED: Chapter One: Destruction of Life

Section 1: Parricide, murder, homicide.
(1) Soliciting or making immoral or indecent advances to a Art. 246. Parricide.
woman interested in matters pending before the Art. 247. Death or physical injuries inflicted under
offending officer for decision, or with respect to which exceptional circumstances.
Art. 248. Murder.


Art. 249. Homicide. The killing of an adopted child even if adoption confers on
Art. 250. Penalty for frustrated parricide, murder or the adopted all the rights and privileges of a legitimate child
homicide. could not be parricide. It is either murder or homicide.
Art. 251. Death caused in a tumultuous affray.
Art. 252. Physical injuries inflicted in a tumultuous affray. RELATIONSHIP MUST ALSO BE IN DIRECT LINE AND
Art. 253. Giving assistance to suicide. BY BLOOD.
Art. 254. Discharge of firearms.
Section 2: Infanticide and abortion The relationship, except the spouse, must be in direct line
Art. 255. Infanticide and by blood.
Art. 256. Intentional abortion.
Art. 257. Unintentional abortion PARRICIDE OF SPOUSE
Art. 258. Abortion practiced by the woman herself or by her Parricide of spouse requires proof of marriage. (People vs.
parents Berang) The best proof of the relationship is marriage
Art. 259. Abortion practiced by a physician or midwife and certificate. However, parricide may be proven even if no
dispensing of abortive marriage contract was presented, provided there is other
Section 3: Duel evidence proving the fact of marriage. (People vs. Borromeo)
Art. 260. Responsibility of participants in a duel
Art. 261. Challenging to a duel The mere fact that no record of marriage exists in the registry
Chapter Two: Physical Injuries of marriage does not invalidate said marriage, as long as in
Art. 262. Mutilation the celebration thereof, all requisites for its validity are
Art. 263. Serious physical injuries present. (Pugeda vs. Trias)
Art. 264. Administering injurious substances or beverages
Art. 265. Less serious physical injuries Persons living together in apparent matrimony are
Art. 266. Slight physical injuries and maltreatment presumed to be in fact married. (San Gui vs. Gupeco)
Chapter Three: Rape
Cases:
Art. 266-A. Rape, When and How committed
When the accused hanged his wife from the branch of a
Art. 266-B. Penalties
jackfruit tree who was five (5) months pregnant killing her
Art. 266-C. Effect of pardon
and the fetus, the crime committed is Parricide with
Art. 266-D. Presumptions
Unintentional Abortion. [People v. Desalisa]
CHAPTER ONE: DESTRUCTION OF LIFE Where the wife conspired with strangers to kill her husband,
the wife is guilty of parricide, but the stranger committed
murder or homicide as the case may be. [People v Patricio]
SECTION 1: PARRICIDE, MURDER,
THE CHILD SHOULD NOT BE LESS THAN THREE
HOMICIDE DAYS OLD
If the child killed by his parent is less than three (3) days old,
ART. 246 PARRICIDE the crime is Infanticide. [Art. 255] [Reyes]
If the child is exactly three (3) days old, the crime is

ELEMENTS:
parricide.
(1) A person is killed;
PARRICIDE IS COMMITTED, BUT THE PENALTY WILL
(2) Deceased is killed by the accused; and
NOT BE THAT WHICH IS PROVIDED IN ART. 246, IN
(3) Deceased is the father, mother or child, whether
THREE CASES:
legitimate or illegitimate, or a legitimate ascendant or
descendant, or legitimate spouse of the accused.
(1) Error in Personae, Art. 49 Pars. 1 And 2;
(2) Death under exceptional circumstances. Art. 247; and
ESSENTIAL ELEMENT OF PARRICIDE:
(3) Parricide through negligence.
The key element in parricide is the relationship of the
PARRICIDE THROUGH RECKLESS IMPRUDENCE
offender with the victim. Ergo, the fact of the relationship
should be alleged in the information. (People vs. Dalag)
May be committed as when the accused struggling for a
possession of a gun with his children, pulled the trigger and
THE RELATIONSHIP OF OTHER ASCENDANT OR
accidentally hit his wife, who was then approaching them.
DESCENDANT MUST BE LEGITIMATE.
(People vs. Recote)
However, proof of legitimacy is not required if the deceased
Stranger cooperating in the commission of parricide is
is either the father, mother or the child of the accused.
guilty of homicide or murder only because of the absence of
(People vs. Euasbalido)
relationship. It is immaterial that he knew of the relationship
between the other accused and the deceased. [People v.
Patricio] This applies whether the stranger cooperated as a
co-principal or accomplice.


Although about one hour had passed between the time the
If the natural father kills his child, there can be no indemnity accused discovered his wife having sexual intercourse with
considering that the accused id the presumptive heir of the the victim and the time the latter was killed, it was held that
deceased. (People vs. Berang) Article 247 was applicable, as the shooting was a
continuation of the pursuit of the victim by the accused.
ART. 247. DEATH OR PHYSICAL INJURIES INFLICTED Inflicting death under exceptional circumstances is not
UNDER EXCEPTIONAL CIRCUMSTANCES. murder. Two other persons suffered physical injuries as they
Bar (asked 8 times) were caught in the crossfire when the accused shot the
victim. A complex crime of double frustrated murder was
ELEMENTS: not committed as the accused did not have the intent to kill
the two victims. Here, the accused did not commit murder
(1) That a legally married person (or parent) surprises his when he fired at the paramour of his wife. No aberratio
spouse (or his daughter under 18 years of age, and ictus because he was acting lawfully. However, in this case
living with him) in the act of committing sexual the court held him liable for less serious physical injuries
intercourse with another person; through simple imprudence or negligence.
(2) That he or she kills any or both of them of inflicts upon
any or both of them any serious physical injuries in the ART. 248. MURDER
act or immediately thereafter; and (asked 20 times in the bar)
(3) That he has not promoted or facilitated the prostitution
of his wife (or daughter) or that he or she has not ELEMENTS:
consented to the infidelity of the other spouse. [People v.
Talisic] (1) Person was killed;
(2) Accused killed him;
This provision does not define a felony. (3) Killing attended by any of the following qualifying
This article does not define a crime. It is an exempting circumstance:
circumstance. The penalty of destierro is intended for the
protection of the accused him from acts of reprisal by A. With treachery, taking advantage of superior
relatives of dead spouse. strength, with the aid of armed men, or employing
means to weaken the defense, or of means or
As it is not a felony and having admitted the killing, it is persons to insure or afford impunity;
incumbent upon the accused to prove the exempting B. In consideration of a price, reward or promise;
circumstance. It must be proved by clear and convincing C. By means of inundation, fire, poison, explosion,
evidence. (People vs. Takbobo) shipwreck, stranding of a vessel, derailment or
assault upon a railroad, fall of an airship, by
The spouse and the paramour must be caught “in the act of means of motor vehicles, or with the use of any
sexual intercourse” other means involving great waste and ruin;
D. On occasion of any of the calamities enumerated
Does not include the killing of the wife in the preceding paragraph, or of an earthquake,
(1) When the husband upon arriving home one night, eruption of a volcano, destructive cyclone,
saw a man jump out of the window; (People vs. epidemic, or any other public calamity;
Marquez) E. With evident premeditation;
(2) Sleeping in the same bed; (People vs. Butuanan) F. With cruelty, by deliberately and inhumanly
(3) Lying down on their sides for this position does augmenting the suffering of the victim or
not warrant the conclusion that a carnal act is outraging or scoffing at his person or corpse.
being committed; (People vs. Wong)
(4) Seeing the wife raising up and the man buttoning Any of the qualifying circumstances enumerated in Art.
his drawers, as that is a situation after the act. 248 must be alleged in the information.
(People vs. Ginzales)
Rules for the application of the circumstances which
Surprise means to come upon suddenly and unexpectedly. qualify the killing to murder:
Article does not apply: If the surprising took place before (1) One attendant circumstance is enough to qualify the
any actual sexual intercourse could be done. crime as murder and any other will be considered as
generic aggravating.
Immediately thereafter the discovery, the escape, the (2) When the other circumstances are absorbed or included
pursuit and the killing must form part of one continuous act. in one qualifying circumstance, they cannot be
considered ass generic aggravating.
Evidence of the victim‘s promiscuity is inconsequential to (3) Any of the qualifying circumstances enumerated in
the killing. The offender must prove that he actually Article 248 must be alleged in the information.
surprised his wife and [her paramour] in flagrante delicto,
and that he killed the man during or immediately thereafter. TREACHERY
(People vs. Puedan) The killing must be the direct result of the
outrage suffered by the cuckolded husband. The essence of treachery is that the offended party was
denied the chance to defend himself because of the means,
People vs. Abarca methods, deliberately adopted by the offender and were not


merely incidental to the killing. Killing of a child of tender (1) The time when the offender determined to commit the
age is murder qualified by treachery. Abuse of superior crime;
strength is inherent in and comprehended by the (2) An act manifestly indicating that the offender clung to
circumstance of treachery or forms part of treachery. his or her determination; and
(3) A lapse of time between the determination and the
There is treachery where the attack, although frontal, is execution sufficient to allow the offender to reflect
sudden and perpetrated in a manner tending directly and upon the consequences of his act.
specially to insure its execution, free from danger and
without risk to oneself, that the victim might defend himself. The essence of evident premeditation is that the execution of
(People vs. Maraccubo) the criminal act is preceded by cool thought and reflections
upon the resolution to carry out the criminal intent during
The circumstance of abuse of superior strength is deemed the space of time sufficient to arrive at a calm judgment.
absorbed in treachery [People v. Cawaling] so with the [People v. Bibat]
aggravating circumstances of aid of armed men [People v.
Lapay] as well as nighttime or nocturnity since it was Evident premeditation is absorbed in price, reward or
evidently integral part of the peculiar treacherous means and promise, if without the premeditation the inductor would
manner adopted to ensure the execution of the crimes or that not have induced the other to commit the act but not as
it facilitated the treacherous character of the attack. [People v. regards the one induced. (U.S. vs. Manalinde)
Tabag]
CRUELTY
WITH THE AID OF ARMED MEN:
There is cruelty when other injuries or wounds are inflicted
The accused must avail himself of the aid or rely upon them deliberately by the offender, which are not necessary for the
when the crime is committed. killing of the victim. The victim be alive when the cruel
wounds were inflicted.
BY MEANS OF FIRE, POISON, EXPLOSION ETC.
SCOFFING OR DECRYING THE CORPSE OF THE
To qualify killing to murder by means of inundation, fire, VICTIM
poison, explosion, shipwreck, etc., the offender’s purpose
and design must be to kill the victim in employing the Any act that would amount to scoffing or decrying the
various modes. corpse of the victim will qualify the killing to murder.
POISON Outraging means to commit an extremely vicious or deeply

insulting act.
Treachery and evident premeditation are inherent in murder
by poison only if the offender has the intent to kill the victim Scoffing means to jeer and implies a showing of irreverence.
by use of poison.
Examples:
FIRE
(1) the act of having anal intercourse with the woman after
To be considered as a qualifying circumstance for murder, killing her
the primordial criminal intent of the offender must be to kill, (2) the corpse was dismembered with the cutting of the
and the fire was only used as a means to do so. head and limbs and the opening up of the body to
remove the intestines, lungs and liver.
If the primordial criminal intent of the offender is to destroy
property with the use of pyrotechnics and incidentally, ART. 249. HOMICIDE
somebody within the premises is killed., the crime is arson
(Bar 1994, 1995 and 1998)
with homicide, a single indivisible crime penalized under
Article 326, which is death as a consequence of arson. It is an unlawful killing of a person not constituting murder,
parricide or infanticide.
ON THE OCCASION OF INUNDATION, SHIPWRECK,
ETC.
ELEMENTS:
If the killing is on the occasion of earthquake, eruption of a (1) Person was killed;
volcano, destructive cyclone or other calamities, the offender (2) Offender killed him without any justifying
must have taken advantage of the same, and the resultant
circumstances;
condition.
(3) Offender had the intention to kill, which is presumed;
(4) Killing was not attended by any of the qualifying
EVIDENT PREMEDITATION circumstances of murder, or by that of parricide or
infanticide.
For evident premeditation to qualify killing to murder, there
must be proof, as clear as the evidence of the crime itself of
INTENT TO KILL IS CONCLUSIVELY PRESUMED
the following elements:
WHEN DEATH RESULTED


The law looks particularly to the material results following outraging or scoffing
the unlawful act and it holds the aggressor responsible for of his person or
all the consequences thereof. (U.S. vs. Gloria) corpse
The killing of a peace officer who was fully aware of the

risks in pursuing the malefactors when done in a spur of the Attempted Frustrated Homicide and Physical Injuries,
moment is only Homicide. [People v. Porras] distinguished
BAR 1994
In accidental homicide wherein, death of a person is brought ATTEMPTED /
about by a lawful act performed with proper care and skill FRUSTRATED PHYSICAL INJURIES
and without homicidal intent, there is no liability. HOMICIDE
There is intent to kill. There is NO intent to kill.
THERE IS NO OFFENSE OF FRUSTRATED HOMICIDE However, if as a result of Where the intent to kill is
THROUGH IMPRUDENCE. the physical injuries not manifest, the crime
inflicted, the victim died, committed has been
Accused pharmacist prepared the medicine on prescription the crime will be homicide generally considered as
but erroneously used a highly poisonous substance. When because the law punishes physical injuries and not
taken by the patient, the latter nearly died. Accused is guilty the result and not the intent attempted or frustrated
only of reckless imprudence resulting in serious physical of the act. murder or homicide.
injuries.
In all crimes against persons in which the death of the victim
If the injuries were mortal but those were due to negligence, is an element, there must be satisfactory evidence of the fact
the crime committed will be serious physical injuries of death and the identity of the victim.
through reckless imprudence because the element of intent
to kill in frustrated homicide is incompatible with negligence ART. 250 PENALTY FOR FRUSTRATED PARRICIDE,
or imprudence. (People vs. Castillo) MURDER OR HOMICIDE:
Physical injuries are included as one of the essential

elements of frustrated homicide.
The Courts, in view of the facts of the case, may impose a
penalty:
MURDER AND HOMICIDE DISTINGUISHED
(1) 2 degrees lower for frustrated parricide, murder, or
MURDER HOMICIDE homicide
(Art. 248) (Art. 249) (2) 3 degrees lower for attempted parricide, murder,
Killing is attended by any Killing is not attended by or homicide.
of the following any of the qualifying
circumstances: circumstances of murder, ART. 251 DEATH CAUSED IN A TUMULTUOUS
or by that of parricide or AFFRAY
1. Treachery, taking infanticide.
advantage of superior Bar 1997, 2003
strength, with aid of
armed men, or ELEMENTS:
employing means to
weaken the defense, (1) That there be several persons;
or of means or (2) That they did not compose of groups organized for the
persons to insure or common purpose of assaulting and attacking each other
afford impunity reciprocally;
2. In consideration of (3) That these several persons quarreled and assaulted one
price, reward, or another in a confused and tumultuous manner;
promise (4) That someone was killed in the course of the affray;
3. By means of (5) That it cannot be ascertained who actually killed the
inundation, fire, deceased; and
poison, explosion, (6) That the person or persons who inflicted serious
shipwreck, stranding physical injuries or who used violence can be
of a vessel, derailment identified.
or assault upon a
railroad, fall of an TUMULTUOUS AFFRAY
airship, by means of
motor vehicles, or It takes place when a quarrel occurs between several persons
with the use of great not composing organized groups, and they engage in a fight
waste or ruin in a confused and tumultuous manner, in the course of
4. On occasion of which some persons are killed or wounded and the author
calamities thereof cannot be ascertained.
5. With evident
premeditation Considering the use of the word “tumultuous” the
6. With cruelty or participants must be at least four (4).


Where the participants who inflicted the serious physical
If the killer can be identified, the crime is Homicide or injuries are identifiable, then they will be held liable for
Murder. serious physical injuries unless intent to kill is shown, in
which case, the crime is frustrated Homicide. The others
The person killed may be a participant in the affray or one who inflicted the less serious or slight physical injuries are
who is not. liable for such offenses.
CRIME ART. 253 GIVING ASSISTANCE TO SUICIDE:

CIRCUMSTANCES
COMMITTED
The commotion is not only Tumultuous affray ACTS PUNISHED:
tumultuous but confused, to such
an extent that it would not be (1) Assisting another to commit suicide, whether the suicide
possible to identify who the killer is consummated or not; and
is, if death results, or who inflicted (2) Lending his assistance to another to commit suicide to the
the serious physical injury or extent of doing the killing himself.
injuries, but the person or persons
who use violence are known or
can be identified. GIVING ASSISTANCE TO SUICIDE
If it can be ascertained who Simple homicide
actually killed the deceased Consists of giving means (arms, poison, etc.) or whatever
If there is conspiracy Murder or homicide manner of positive and direct cooperation (intellectual aid,
If there is a concerted fight Might be disturbance suggestions regarding the mode of committing suicide, etc.).
between two organized groups. of public order
if participants are If the person does the killing himself, the penalty is similar
armed, it could be to that of homicide, which is reclusion temporal.
tumultuous
disturbance The crime is frustrated if the offender gives the assistance by
if property was doing the killing himself as firing upon the head of the
destroyed, it could be victim but who did not die due to medical assistance.
malicious mischief
If he is not known nor the one No one will be held The person attempting to commit suicide is not liable if he
who inflicted serious physical responsible for the survives. The reason is that he should be pitied and not
injuries or violence death of the victim. punished.
The accused is liable if he kills the victim, his sweetheart,

because of a suicide pact. (People vs. Marasigan)
ART. 252. PHYSICAL INJURIES INFLICTED IN A
TUMULTUOUS AFFRAY There can be no qualifying circumstance because the
determination to die must come from the victim.
ELEMENTS:
The law is silent if the one who assists the person attempting
(1) There is tumultuous affray; a suicide is the spouse, or parent, or the relatives mentioned
(2) That a participant suffers serious or less serious in Article 246 penalizing Parricide.
physical injuries
(3) The person who inflicted the injuries is not known; and EUTHANASIA OR MERCY KILLING
(4) The all those who appear to have used violence upon EUTHANASIA CRIME COMMITTED
the person of the offended party is known.
If without Murder
If during the tumultuous affray, only serious or less serious consent
physical injuries are inflicted upon a participant, those who If with consent Covered by Giving assistance to
used violence upon the person of the offended party shall be suicide
held liable under this Article.
A doctor who resorts to euthanasia of his patient may be
The offended party must be participant in the affray. liable for murder.
Physical injury should be serious or less serious. Euthanasia is not lending assistance to suicide. In
No crime of physical injuries resulting from a tumultuous euthanasia, the victim is not in a position to commit suicide.
affray if the physical injury is only slight.
But if the patient himself asks to be killed by his doctor, this
Slight physical injury is considered as inherent in a Article applies.
tumultuous affray.
ART. 254. DISCHARGE OF FIREARMS
Only those who used violence is liable.
ELEMENTS:


mother is to conceal her mitigate the liability of the
(1) The accused shot at another with a firearm; dishonor mother or maternal
(2) He had no intent to kill; and grandparents who committed
(3) Unless the facts of the case are such that the act can be the crime.
held to constitute frustrated or attempted parricide, murder,
homicide or any other crime for which a higher penalty is It is NOT Infanticide through
prescribed by any of the articles of this Code. imprudence
No crime if firearm is not discharged. It is essential for Because the purpose of

prosecution to prove that the discharge of firearm was concealing the dishonor is
directed precisely against the offended party. incompatible with the absence of
malice in culpable felonies.
If the firearm used is unlicensed, the crime of Illegal If the child is born NOT Infanticide
Possession of firearm is absorbed and the offender cannot be dead, or if the child is
punished separately for that offense. [People v. Ladjaalam] already dead At most, there may be a
violation of the laws relating to
the burial of the dead of the
CIRCUMSTANCES OF child was placed in a shallow pit
DISCHARGING OF CRIME COMMITTED containing a little water to save
FIREARMS trouble of digging a grave.
The accused shot at Discharge of firearms
another with a firearm An impossible crime may be
with no intent to kill, just committed because infanticide is
to merely frighten. a crime against persons.
Aimed at someone with Attempted parricide, murder,
intent to kill or homicide Concealment of dishonor is not an element of infanticide. It
If the discharge is not Alarm or scandal merely lowers the penalty. (US vs. Vedra)
directed to any person but If the crime is committed by the mother of the child for the
places the public in danger purpose of concealing her honor, she shall suffer the penalty
If serious physical injuries Complex crime of serious of prision mayor in its medium and maximum periods and if
resulted from the physical injuries with illegal the said crime be committed for the same purpose by the
discharge discharge of firearm material grandparents or either of them, the penalty shall be
If less serious physical Complex crime of less serious reclusion temporal.
injuries resulted from the physical injuries with illegal
discharge discharge of firearm A stranger who cooperates in the perpetration of infanticide
committed by the mother or grandparent on the mother‘s
No presumed intent to kill if the distance is 200 meters. side, is liable for infanticide, but he must suffer the penalty
prescribed for murder.
This crime cannot be committed through imprudence
because it requires that the discharge must be directed at ART. 256 INTENTIONAL ABORTION
another.
Abortion is the willful killing of the fetus in the uterus, or
Firing a gun at a person even if merely to frighten him the violent expulsion of the fetus from the maternal womb.
constitutes illegal discharge of firearms. (People vs. Ramirez)
ELEMENTS:
ART. 255 INFANTICIDE
(1) There is a pregnant woman;
ELEMENTS: (2) Violence is exerted, or drugs or beverages
administered, or that the accused otherwise acts upon
(1) A child was killed by the accused; such pregnant woman;
(2) The deceased child was less than 3 days old, and (3) As a result of the use of violence or drugs or beverages
(3) That the accused killed the said child. upon her, or any other act of the accused, the fetus dies,
either in the womb or after having been expelled
Note: The penalty will correspond to that of parricide if the therefrom; and
accused is related to the child within the degree of (4) The abortion is intended.
relationship defined in parricide and if the offender is a
stranger, the penalty corresponding to that of murder. WAYS OF COMMITTING INTENTIONAL ABORTION:
CIRCUMSTANCES CRIME COMMITTED (1) Using violence upon the person of the pregnant
If the child is Abandonment under Art. 276. woman;
abandoned without any (2) By administering drugs and beverages upon the
intent to kill and death pregnant woman, without her consent; or
resulted (3) By acting, with the consent of the pregnant woman (by
If the purpose of the Infanticide but the purpose may administering drugs/beverages)


IN ALL THESE CASES THERE MUST BE INTENT TO Unintentional abortion may be committed through
MAKE THE PREGNANT WOMAN ABORT. negligence as it is enough that the use of violence be
The woman who consented to the abortion will be liable voluntary.
under Art. 258 (Abortion practiced by the woman herself of
by her parents) Unintentional abortion requires physical violence inflicted
deliberately and voluntarily by a third person upon the
In intentional abortion, the offender must know of the pregnant woman, without intention to cause the abortion.
pregnancy because the criminal intent is to cause an abortion
Unintentional abortion may be committed through
CONSUMMATED ABORTION negligence as it is enough that the use of violence be
voluntary. If the act of violence is not felonious, that is, act of
The fetus must be dead. self-defense, and there is no knowledge of the woman‘s
pregnancy, there is no liability.
FRUSTRATED ABORTION
It is committed when the fetus that is expelled is viable and

therefore not dead as abortion did not result despite the
Circumstances Crime Committed
employment of adequate and sufficient means to make the
pregnant woman abort.
Violence is employed upon Unintentional Abortion
If the means are not sufficient or adequate, the crime would a pregnant woman; and
not be an impossible crime of abortion. which causes the offended
party to abort without,
CO-PRINCIPAL One who persuades to abort however, intending it.
ACCOMPLICE One who looks for a physician for abortion If the pregnant woman Light threats
aborted because of
Physician will be punished under Art. 259 (Abortion intimidation, NOT unintentional abortion
practiced by a physician or midwife and dispensing of because there is no violence
abortive)
If the pregnant woman was complex crime of parricide
ABORTION AND INFANTICIDE killed by violence by her with unlawful abortion.
Abortion Infanticide husband
Fetus could not sustain Fetus could sustain an
independent life. No independent life after Jose is declared guilty of the crime of unintentional abortion
legal viability. separation from the mother‘s through reckless imprudence for having bumped a calesa
womb. which resulted in a pregnant woman bumping her abdomen
against the wall of the calesa and eventually led to an
abortion. (People vs. Jose)
If the mother because of abortion suffers death or physical
injuries, you have a complex crime of murder or physical Mere boxing of the stomach taken together with the
injuries and abortion. immediate strangling of the victim in a fight, is not sufficient
proof to show an intent to cause abortion.
If the woman turns out not to be pregnant and someone
performs an abortion upon her, he is liable for an impossible The accused must have merely intended to kill the victim
crime if the woman suffers no physical injury. If she dies or but not necessarily to cause abortion.
suffers injuries, the crime will be homicide, serious physical
injuries, etc. The accused is liable for complex crime of parricide with
unintentional abortion for it was merely incidental to the
ART. 257 UNINTENTIONAL ABORTION killing. (People vs. Salufrania)
(Bar asked 3 times)
For the crime of abortion, even unintentional, to be held
committed, the accused must have known of the pregnancy.
ELEMENTS:
(People vs. Carnaso)
(1) That there is a pregnant woman
ART. 258 ABORTION PRACTICED BY THE WOMAN
(2) That violence is used upon such pregnant woman
HERSELF OR BY HER PARENTS
without intending an abortion.
(3) That the violence is intentionally exerted.
(4) That as a result of the violence the fetus dies, either in ELEMENTS:
the womb or after having been expelled therefrom.
(1) There is a pregnant woman who has suffered an
The violence must be physical and must have been abortion;
deliberate and voluntary. (People vs. Palencia) (2) Abortion is intended;


(3) Abortion is caused by – (2) Inflicting upon such adversary physical injuries; and
A. The pregnant woman herself; (3) Making a combat although no physical injuries have
B. Any other person, with her consent; or been inflicted.
C. Any of her parents, with her consent for the
purpose of concealing her dishonor. PERSONS LIABLE:
The pregnant woman either practices the abortion upon (1) Principals - person who killed or inflicted physical
herself or consents that another person should do so. The injuries upon his adversary, or both combatants in any
penalty is prision correccional in its medium and maximum other case;
period. (2) Accomplices - as seconds
The penalty is lowered as against the woman whose purpose DUEL

is to conceal her dishonor. But if those who performed the
abortion are the parents of the pregnant woman, or either of A formal or regular combat previously consented between
them and the pregnant woman consented for the purpose of two parties in the presence of two or more seconds of lawful
concealing her dishonor, the penalty imposed on the age on each side, who make the selection of arms and fix all
offending parents shall be the same as that imposed upon the other conditions of the fight.
the woman who practiced the abortion upon herself, that is
prision correccional in its medium and maximum period. The participant who shall kill the adversary is punished with
reclusion temporal and if he merely inflicts physical injuries
upon the latter, he shall suffer the penalty thereof according
ART. 259. ABORTION PRACTICED BY A PHYSICIAN to their nature. If no physical injuries are inflicted, the
OR MIDWIFE AND DISPENSING OF ABORTIVES. combatants are punished arresto mayor.
THE SECONDS ARE PUNISHED AS ACCOMPLICES.

ELEMENTS:
(1) There is a pregnant woman who has suffered an A mere fight as a result of an agreement is not necessarily
abortion; duel because a duel “implies or means an agreement to fight
under determined conditions and with the participation and
(2) The abortion is intended;
intervention of seconds, who fix such conditions”. (US vs.
(3) Offender, who must be a physician or midwife, caused
Navarro)
or assisted in causing the abortion;
(4) Said physician or midwife took advantage of his or her
scientific knowledge or skill. There is no such crime nowadays because people hit each
other even without entering into any pre-conceived
agreement. This is an obsolete provision. If these are not the
ACTS PUNISHED:
conditions of the fight, it is not a duel in the sense
contemplated in the Revised Penal Code.
(1) Causing an abortion or assisting in causing the same by
a physician or midwife by taking advantage of their
It will be a quarrel and anyone who killed the other will be
scientific knowledge or skill; and
liable for homicide or murder, as the case may be.
(2) Dispensing of an abortive by a pharmacist without the
proper prescription from a physician.
ART. 261. CHALLENGING TO A DUEL
A. The offender is a pharmacist;
B. There is no proper prescription from a
physician; ACTS PUNISHED:
C. The offender dispenses any abortive.
(1) Challenging another to a duel;
THERAPEUTIC ABORTION (2) Inciting another to give or accept a challenge to a duel;
and
If the abortion is produced by a physician to save the life of (3) Scoffing at or decrying another publicly for having
the mother, there is no liability. refused to accept a challenge to fight a duel.
But abortion without medical necessity to warrant it, is PERSONS LIABLE:

punishable even with the consent of the woman or her
husband. (Geluz vs. Court of Appeals) (1) Instigators;
(2) Challenger
SECTION 3: DUEL
If one challenges another to a duel by shouting, “Come
down, Ramon, let us measure your prowess. We will see
ART. 260 RESPONSIBILITY OF PARTICIPANTS IN A whose intestines will come out. You are a coward if you do
DUEL not come down”, the crime of challenging to a duel is not
committed.
ACTS PUNISHED:
If the challenge is only to fight, without the challenger
(1) Killing one’s adversary in duel; having in mind a formal combat to be agreed upon with the
assistance of seconds as contemplated under the law, the


crime committed will only be grave or light threat, as the (4) Administering noxious substances.
case may be.
There must be an intent to injure. The offender is always
CHAPTER TWO: PHYSICAL INJURIES liable for the direct and logical consequence thereof even
though not intended.
KINDS OF PHYSICAL INJURIES: This felony may be committed through negligence.
(1) Mutilation; KINDS OF SERIOUS PHYSICAL INJURIES:

(2) Serious physical injuries;
(3) Less serious physical injuries; a. Where the injured person shall become insane,
(4) Slight physical injuries. imbecile, impotent or blind;
b. Where the injured person shall have lost the use of
speech, power to hear, power to smell, or shall have lost
ART. 262. MUTILATION
an eye, a hand, foot, arm, leg or use of any such
member or shall have become incapacitated for the
Mutilation is the lopping or clipping off some part of the work in which he was theretofore habitually engaged;
body. c. Where the injured person shall have become deformed,
or shall have lost any other part of his body, or the use
ACTS PUNISHED: thereof, or shall have been ill or incapacitated for the
performance of work in which he was habitually
(1) Mutilation or intentionally mutilating another by engaged for more than 30 days; and
depriving him, either totally or partially, of some d. Where the injured person shall have become ill or
essential organ for reproduction. incapacitated for labor for more than 30 days.
ELEMENTS: DEFORMITY
A. There be castration, i.e. mutilation of organs Means disfigurement.
necessary for generation (such as the penis or
ovarium); ELEMENTS OF DEFORMITY:
B. The mutilation is caused purposely and
deliberately. (1) Injury must produce ugliness;
(2) Visible; and
(2) Mayhem or intentionally making other mutilation, that (3) Permanent meaning ugliness will not disappear
is, by lopping or clipping off any part of the body of the through natural healing process
offended party, other than the essential organ for
reproduction, to deprive him of that part of his body. What is considered in law is not the artificial treatment, but
the natural healing process.
2 KINDS OF MUTILATION:
Serious physical injuries are punished with higher penalty
(1) Castration is mutilation of reproductive organ, either in the following cases:
totally or partially
(2) Mayhem is mutilation of any other organ (1) If it is committed against any of the persons referred to
in Art. 246 (parricide);
Castration must be made purposely. Otherwise, it will be (2) If any of the circumstances qualifying murder attended
considered as mutilation of second kind. its commission.
This cannot be committed through criminal negligence. See Special Law: RA 8049 (The Anti-Hazing Law)
Intent to mutilate must be established. If there is no intent, The law penalizes hazing which is defined as initiation rite
the crime is only serious physical injury. or practice as a prerequisite for admission into membership
in a fraternity, sorority or organization by placing the
The common mistake is to associate this with reproductive recruit, neophyte or applicant in some embarrassing or
organs only. Mutilation includes any part of the human body that humiliating situations such as forcing him to do menial,
is not susceptible to grow again. If what was cut off was a silly, foolish and other similar tasks or activities or otherwise
reproductive organ, the penalty is much higher than that for subjecting him to physical or psychological suffering or
homicide. injury.
ART. 263 SERIOUS PHYSICAL INJURIES See Special Law: RA 9745 (The Anti-Torture Law)
(Bar asked 6 times)
It penalizes torture and other cruel, inhuman and degrading
Ways of committing serious physical injuries: treatment. It treats torture as a separate and independent
crime.
(1) Beating;
(2) Assaulting;
(3) Wounding;


ART. 264. ADMINISTERING INJURIOUS SUBSTANCES OR
BEVERAGES ART. 265 LESS SERIOUS PHYSICAL INJURIES
ELEMENTS: ELEMENTS:
(1) Offender inflicted upon another any serious physical (1) Offended party is incapacitated for labor for 10 days or
injury; more (but not more than 30 days), or needs medical
(2) It was done by knowingly administering to him any attendance for the same period of time;
injurious substance or beverages or by taking (2) The physical injuries must not be those described in the
advantage of his weakness of mind or credulity; preceding articles.
(3) He had no intent to kill.
TO ADMINISTER AN INJURIOUS SUBSTANCE OR QUALIFIED AS TO PENALTY:

BEVERAGE
(1) A fine not exceeding P 500.00, in addition to arresto
To direct or cause said substance or beverage to be taken mayor, when:
orally by the injured person, who suffers serious physical A. There is a manifest intent to insult or offend
injuries as a result. This is committed also by taking the injured person; or
advantage of the weakness of mind or credulity of the B. There are circumstances adding ignominy to
offended party. the offense.
(2) A higher penalty is imposed when the victim is either –
A. The offender‘s parents, ascendants,
PHYSICAL ATTEMPTED OR FRUSTRATED guardians, curators or teachers; or
INJURIES HOMICIDE B. Persons of rank or person in authority,
The offender inflicts Attempted homicide may be provided the crime is not direct assault.
physical injuries. committed, even if no physical
injuries are inflicted. These physical injuries are not covered in Article 263 and
Offender has no intent The offender has intent to kill the 264.
to kill the offended offended party.
party As a consequence, the offended party is a:
(1) Incapacitated for labor for 10 days to 30 days; or
The reason why there is NO attempted or frustrated crime of (2) Shall require medical attendance for the same period.
physical injuries is because this felony is defined by the
gravity of the injury. It is a crime of result. As long as there is
no injury, there can be no attempted or frustrated stage There is disjunctive conjuction “or” in Art. 265, indicating
thereof. two elements which separately determine the crime.
CLASSIFICATION OF PHYSICAL INJURIES: The phrase “shall require” refers to the period of actual
(1) Between less serious physical injuries and serious medical attendance. (People vs. Penesa)
physical injuries, you do not consider the period of
medical treatment. You only consider the period when If the physical injuries do not incapacitate the offended party
the offended party is rendered incapacitated for labor. for labor nor is there medical attendance, slight physical
(2) When the injury created a deformity upon the offended injuries are committed. But the physical injuries heal after 30
party, you disregard the healing duration, or the period days, serious physical injuries are committed under par. 4 of
of medical treatment involved. It is automatically Art. 263.
considered serious physical injuries.
(3) Deformity requires the concurrence of the following QUALIFYING CIRCUMSTANCE:
conditions:
A. The injury must produce ugliness; (1) There is manifest intent to insult or offend the injured
B. It must be visible; party; or
C. The ugliness will not disappear through (2) Circumstances adding ignominy to the offense.
natural healing process.
ART. 266 SLIGHT PHYSICAL INJURIES AND
This article does not deal with a crime. It refers to means of MALTREATMENT
committing serious physical injuries.
ACTS PUNISHED:
The law does not include less serious or slight physical
injuries. (1) Physical injuries incapacitated the offended party for
labor from 1-9 days, OR required medical attendance
When there is intent to kill, it is frustrated murder. during the same period;
(2) Physical injuries which did not prevent the offended
Administering means introducing into the body the party from engaging in his habitual work or which did
substance. Thus, throwing of the acid in the face is not not require medical attendance (ex. Black-eye);
contemplated.


(3) Ill-treatment of another by deed without causing any or use of any offended
injury (ex. Slapping but without causing dishonor). such member party from
or shall have engaging in
If there is no evidence regarding actual injury or where the become his habitual
deceased died of other causes and there is no evidence as to incapacitated work or
how many days the deceased lived after injury, the crime is for the work which did not
slight physical injuries as the wounds inflicted by the in which he require
accused could not have caused death. (People vs. Amarao) was medical
habitually attendance
The crime is also slight physical injuries if there is no proof engaged;
as to the period of the offended party’s incapacity for labor (3) Ill-treatment
or of the required medical attendance. (People vs. Aranchado) (3) become of another by
deformed, or deed without
Slapping the face of a person is an example of ill-treatment shall have lost causing any
because the act does not cause injury. any other part injury
of his body, or
Between slight physical injuries and less serious physical the use
injuries, not only the healing duration of the injury will be thereof, or
considered but also the medical attendance required to treat shall have
the injury. been ill or
incapacitated
The healing duration may be one to nine days, but if the for the
medical treatment continues beyond nine days, the physical performance
injuries would already qualify as less serious physical of work in
injuries. which he was
habitually
The medical treatment may have lasted for nine days, but if engaged for
the offended party is still incapacitated for labor beyond more than 30
nine days, the physical injuries are already considered less days; and
serious physical injuries.
(4) Injured
Note: In all these cases, there must be no intent to kill person
otherwise, the offense would be Attempted or Frustrated becomes ill or
Homicide, Murder or Parricide as the case may be. When the incapacitated
victim becomes deformed, the crime is Serious Physical for labor for
Injuries. Defromity means physical ugliness which must be more than 30
conspicuous and visible. It must also be permanent and days (must
definite abnormality. not be more
than 90 days)
See Special Law: RA 7610 (Special Protection of Children DIFFERENCE
Against Child Abuse, Exploitation and Discrimination Act) Any of the Not among the enumeration in the
circumstances preceding article.
For purposes of this Act, the penalty for the crimes of enumerated above.
murder, homicide, other intentional mutilation, and serious Medical attendance Medical Medical attendance
physical injuries, respectively, shall be reclusion perpetua is not required attendance or or incapacity is not
when the victim is under twelve (12) years of age. under paragraph incapacity is required.
(4) but there must required.
Degrees of Physical Injuries be incapacity for
SERIOUS LESS SLIGHT more than 30 days.
(Art. 263) SERIOUS (Art. 266)
(Art. 265)
CHAPTER THREE: RAPE
Physical injuries Not among Physical injuries:
resulted to: those (1) Incapacitated
(1) insanity, described in the offended ART. 266-A. RAPE: WHEN AND HOW COMMITTED
imbecility, the preceding party for labor (Bar 1993, 1995, 1996,2000, 2002 (asked 10 times total)
impotence or article and the from 1 to 9
blindness; offended party days or shall ART. 266-B. RAPE: PENALTIES:
is require
(2) lost use or incapacitated medical
power of for labor for 10 attendance ACTS PUNISHED:
speech, hear, days or more during the (1) Rape through sexual intercourse without consent of the
smell, or shall (but not more same period. woman: (Traditional Rape)
have lost an than 30 days)
eye, hand, (2) Did not ELEMENTS:
foot, arm, leg prevent the A. Offender is a man;


B. Offender had carnal knowledge of a woman; C. Rape is consummated & homicide is committed by
C. Such act is accomplished under any of the reason or on the occasion thereof (a special complex
following circumstances: crime)
(1) By using force, threat or intimidation; Death Reclusion perpetua
(2) When the woman is deprived of reason
or is otherwise unconscious; Committed with any of the ff. aggravating circumstances:
(3) By means of fraudulent machination or
grave abuse of authority; On the victim:
(4) When the woman is under 12 years of
age (Statutory Rape) or is demented, (1) Victim is under 18 yrs. old, & the offender is a
even though none of the circumstances parent, ascendant, step-parent, guardian, relative
mentioned above are present by consanguinity or affinity w/in the 3rd civil
degree, or the common law spouse of the parent of
(2) Rape Through Sexual Assault the victim.
(2) Victim is under the custody of the police military
ELEMENTS: authorities/ law enforcement agency.
A. Offender commits an act of sexual assault; (3) Victim is a religious and such legitimate vocation
B. The act of sexual assault is committed by any is known by the offender before or at the time of
of the following means: rape.
(1) By inserting his penis into another (4) Victim is a child below 7 yrs. old.
person's mouth or anal orifice of another (5) Victim suffered permanent or physical mutilation
person; or disability by reason or on the occasion of rape
(2) By inserting any instrument or object
into the genital or anal orifice of another On the offender:
person.
(1) Offender is afflicted with a sexually transmissible
C. The act of sexual assault is accomplished disease & the virus / disease is transmitted to the
under any of the following circumstances: victim.
(1) By using force or intimidation; or (2) Offender is a member of the AFP / PNP / any law
(2) When the woman is deprived of reason enforcement agency / penal institution & took
or otherwise unconscious; or advantage of his position.
(3) By means of fraudulent machination or (3) Offender knew of the pregnancy of the offended
grave abuse of authority; or party at the time of the commission of rape.
(4) When the woman is under 12 years of (4) Offender knew of the mental disability, emotional
age or demented. disorder, & / or physical handicap of the offended
party at the time of the commission of rape.
CLASSIFICATION OF RAPE:
(1) Traditional Rape On 3rd persons:
Offended party is always a woman Rape is committed in full view of the of the spouse, parent,
Offender is always a man. any of the children, or other relatives w/in the 3rd civil
(2) Sexual assault degree of consanguinity.
Rape can now be committed by a man or a woman, that
is, if a woman or a man uses an instrument on anal Complete penetration is NOT necessary.
orifice of male, she or he can be liable for rape. The slightest penetration—contact with the labia—will
consummate the rape.
Inserting a finger inside the genital of a woman is rape
through sexual assault within the context of “object”. Rape must have specific intent or lewd design. A soldier
raped a 19-year old student by poking a knife on her neck.
PENALTIES Only a portion of his penis entered her vagina because the
Traditional Rape Sexual Assault victim kept on struggling until she was able to escape. The
In general: Reclusion accused was convicted of frustrated rape.
In general: Prision mayor
perpetua
A. Committed: There is NO crime of FRUSTRATED RAPE because in rape,
1) with the use of a deadly weapon; or from the moment the offender has carnal knowledge of the
2) by 2 or more persons victim, he actually attains his purpose, all the essential
Reclusion perpetua to death Prision mayor to reclusion elements of the offense have been accomplished. (People vs.
temporal Orita)
A. Victim becomes insane by reason or on the occasion of
rape The accused had his pants down and was on top of the 4-
Reclusion perpetua to death Reclusion temporal year old child when the child‘s mother arrived. Medical
B. Rape is attempted & homicide is committed by reason or findings showed no signs of genital injury and the victim‘s
on the occasion thereof hymen was intact.
Reclusion perpetua to death Reclusion temporal to
reclusion perpetua For rape to be consummated, a slight brush or scrape of the
penis on the external layer of the vagina will not suffice.


Mere touching of the external layer of the vagina without the
intent to enter the same cannot be construed as slight Since relationship qualifies the crime of rape, there must be
penetration. clearer proof of relationship and in this case, it was not
adequately substantiated.
Accused is only liable for ATTEMPTED RAPE. Conviction
does not require a medico-legal finding of any penetration EVIDENCE WHICH MAY BE ACCEPTED IN THE
on the part of the woman. Force employed against the victim PROSECUTION OF RAPE:
of the rape need not be of such character as could be resisted.
(1) Any physical overt act manifesting resistance against
When the offender has an ascendancy or influence over the the act of rape in any degree from the offended party;
girl, it is not necessary that she put up a determined or
resistance. A rape victim does not have the burden of (2) Where the offended party is so situated as to render
proving resistance. him/her incapable of giving his consent
Rape by means of fraudulent machinations and grave abuse RAPE SHIELD RULE
of authority absorbs the crime of qualified and simple
seduction. Character of the offended woman is immaterial in rape.
Statutory rape is consummated when the victim is below 12 An accused may be convicted of rape on the sole testimony
yrs. old. Victim‘s consent is immaterial. Offender‘s of the offended woman. When several persons conspired to
knowledge of the victim‘s age is immaterial in statutory rape a single victim, each shall be liable for the rape
rape. committed personally by him, as well as those committed by
the others.
Carnal knowledge of a child below 12 yrs. old even if she is
engaged in prostitution is still considered statutory rape. An accused may be considered a principal by direct
(People vs. Campuhan) participation, by inducement, or by indispensable
cooperation. This is true in a charge of rape against a
A 16-year old mental retardate, who has the intellectual woman, provided, a man is charged together with her.
capacity of a 9, was repeatedly raped by the accused. (People
vs. Atento) EFFECT OF PARDON:
The accused was found guilty of raping a woman deprived (1) Subsequent valid marriage between the offender and
of reason or otherwise unconscious, and was also held liable the offended party shall extinguish the criminal action
for rape under the provision that pertains to a victim under or the penalty imposed.
12 notwithstanding the victim‘s actual age. (2) When the legal husband is the offender, the subsequent
forgiveness by the wife as the offended party shall
Age requirement was subsequently amended to refer also to extinguish the criminal action or the penalty, provided
mental age. that their marriage is NOT VOID ab initio.
Incestuous rape refers to rape committed by an ascendant of Jurisprudence:

the offended woman. Frustrated Homicide
By invoking self-defense, accused, in fact, admitted that he
Gallo was found guilty of the crime of qualified rape with inflicted injuries on the victim. The burden of proving with
the penalty of death. (People vs. Gallo) clear and convincing evidence the justifying circumstances
to exculpate him from criminal liability was thereby shifted
The information filed against him does not allege his to him. [De Leon v. People]
relationship with the victim, his daughter, thus, it CANNOT
be considered as a qualifying circumstance. Special HOMICIDE
qualifying circumstances have to be alleged in the
information for it to be appreciated. Direct evidence of the crime is not the only matrix
wherefrom a trial court may draw its conclusion and finding
The case was reopened, and the judgment is modified from of guilt. The rules of evidence allow a trial court to rely on
death to reclusion perpetua. circumstantial evidence to support its conclusion of guilt.
Circumstantial evidence is that evidence which proves a fact
A 14-year old was raped by her brother-in-law. (People vs. or series of facts from which the facts in issue may be
Berana) established by inference. At times, resort to circumstantial
evidence is imperative since to insist on direct testimony
To effectively prosecute the accused for the crime of rape would, in many cases, result in setting felons free and deny
committed by a relative by affinity w/in the 3rd civil degree, proper protection to the community. All the circumstances
it must be established that: must be consistent with one another, consistent with the
hypothesis that the accused is guilty, and at the same time
(1) The accused is legally married to the victim‘s inconsistent with the hypothesis that he is innocent.
sister; and Thus, conviction based on circumstantial evidence can be
(2) The victim and the accused‘s wife are full or half- upheld, provided that the circumstances proven constitute
blood siblings. an unbroken chain which leads to one fair and reasonable


conclusion that points to the accused, to the exclusion of all The accused at the time of the commission of the offense was
others, as the guilty person. [Salvador v. People] only 13 years old and it occurred prior to RA 9344 or the
Juvenile Justice and Welfare Act of 2006. The subsequently
MURDER enacted law should be construed to retroact in favor of the
accused. While the latter is now 25 years old as of this
Murder is committed by any person who, not falling within decision, he is still exculpated from criminal liability.
the provisions of Article 246 of the Revised Penal Code
(RPC), kills another, if the killing is committed with However, RA 9344 does not relieve the minor of civil
treachery. The essence of treachery is the sudden and liability arising from the offense. [Ortega v. People]
unexpected attack by an aggressor on an unsuspecting
victim, depriving the latter of any real chance to defend CRIMES AGAINST PERSONAL LIBERTY
himself and thereby ensuring its commission without risk to
AND SECURITY
himself.
The killing occurred at around two o‘clock in the morning, Chapter One: Crimes against Liberty
an hour when generally people are asleep and the victim Section 1: Illegal detention
was shot at the back. [People v. Bohol] Art. 267. Kidnapping and serious illegal detention
Art. 268. Slight illegal detention
QUALIFIED RAPE Art. 269. Unlawful arrest
Section 2: Kidnapping of minors
There is qualified rape when the facts alleged in the Art. 270. Kidnapping and failure to return a minor
Information and the facts proven in court establish the Art. 271. Inducing a minor to abandon his home
qualifying circumstances of minority and relationship. Section 3: Slavery and servitude
[People v. Abellano] Art. 272. Slavery
Art. 273. Exploitation of child labor
A stepfather, who exercises moral and physical ascendancy Art. 274. Services rendered under compulsion in payment
over his stepdaughter, need not make any threat against her of debt
because the latter is cowed into submission when gripped
Chapter Two: Crimes against securities
with the fear of refusing the advances of a person she
Section 1: Abandonment of helpless persons and
customarily obeys.
exploited minros
Art. 275. Abandonment of person in danger and
Rape may, likewise, be committed in a room adjacent to
abandonment of one's own victim
where the victim's family is sleeping, or even in a room
Art. 276. Abandoning a minor
shared with other people. There is no rule that rape can only
Art. 277. Abandonment of minor by person entrusted
be committed in seclusion. [People v. Glivano]
with his custody; indifference of parents
Art. 278. Exploitation of minors
RAPE
Art. 279. Additional penalties for other offenses
Section 2: Trespass to dwelling
Physical resistance need not be established in rape when
intimidation is exercised upon the victim who submits Art. 280. Qualified trespass to dwelling.
against her will to the rapist‘s lust because of fear for her life Art. 281. Other forms of trespass.
or personal safety. The force, violence or intimidation in rape Section 3: Threats and coercion
is a relative term, depending not only on the age, size, and Art. 282. Grave threats.
strength of the parties but also on their relationship with Art. 283. Light threats.
each other. Because of the victim‘s youthfulness, coupled Art. 284. Bond for good behavior.
with the fact that the assailant is her stepfather, it was easy Art. 285. Other light threats.
for her to believe that appellant would make good his threat Art. 286. Grave coercions.
to kill her should she resist. [People v. Tuazon] Art. 287. Light coercions.
Art. 288. Other similar coercions; (Compulsory purchase
An information is valid as long as it distinctly states the of merchandise and payment of wages by means of
elements of the offense and the acts or omissions constitutive tokens.)
thereof. The precise time or date of the commission of an Art. 289. Formation, maintenance and prohibition of
offense need not be alleged in the complaint or information, combination of capital or labor through violence or
unless it is an essential element of the crime charged. In rape, threats.
it is not. The gravamen of rape is carnal knowledge of a Chapter Three: Discovery And Revelation Of Secrets
woman through force and intimidation. In fact, the precise Art. 290. Discovering secrets through seizure of
time when the rape takes place has no substantial bearing on correspondence
its commission. As such, the date or time need not be stated Art. 291. Revealing secrets with abuse of office
with absolute accuracy. It is sufficient that the complaint or Art. 292. Revelation of industrial secrets
information states that the crime has been committed at any
time as near as possible to the date of its actual commission.
[People v. Domingo]
RAPE BY A MINOR


CHAPTER ONE: CRIMES AGAINST When the kidnapping was done to extort ransom, it is not
necessary that one or any of circumstances enumerated be
LIBERTY
present.
Actual demand for ransom not necessary, as long as it can be

SECTION 1: ILLEGAL DETENTION proven that the kidnapping was done for the purpose of
extorting money.
ART. 267 KIDNAPPING AND SERIOUS ILLEGAL Essential: There be actual confinement or restriction of the
DETENTION person of the offended party. It is not necessary that the
(Bar 1996,1997, 2002, 2004, 2005, 2006) victim be placed in an enclosure, as long as he is deprived, in
any manner, of his liberty.
So also, where the person kidnapped or detained is a minor WHEN DETENTION IS ILLEGAL
and the accused is any of his parents, there is no crime of
kidnapping. It is not ordered by competent authority nor permitted by
law.
ELEMENTS:
CIRCUMSTANCES CRIME COMMITTED
(1) Offender is a private individual; When the victim dies or is Special complex crime
(2) He kidnaps or detains another, or in any other manner killed as a consequence of the of Kidnapping with
deprives the latter of his liberty; detention, which is covered by Murder
(3) The act of detention or kidnapping must be illegal; and the last paragraph of Art. 267
(4) In the commission of the offense, any of the following as amended.
circumstances* is present (becomes serious): If a woman is transported Forcible abduction
from one place to another by
A. The kidnapping lasts for more than 3 days; virtue of restraining her of her
B. it is committed simulating public authority; liberty, and that act is coupled
C. Any serious physical injuries are inflicted with lewd designs.
upon the person kidnapped or detained or
If a woman is transported just Serious illegal
threats to kill him are made; or
to restrain her of her liberty. detention
D. The person kidnapped or detained is a minor
There is no lewd design or
(except if parent is the offender), female, or a
lewd intent.
public officer
If a woman is carried away Grave coercion
just to break her will, to
* alternative not cumulative
compel her to agree to the
demand or request by the
QUALIFYING CIRCUMSTANCES:
offender.
(1) Purpose is to extort ransom;
ILLEGAL DETENTION AND ARBITRARY DETENTION
(2) When the victim is killed or dies as a consequence of
ARBITRARY
the detention; ILLEGAL DETENTION
DETENTION
(3) When the victim is raped; and
(4) When victim is subjected to torture or dehumanizing Committed by a private Committed by public officer
acts. individual who or employee who detains a
unlawfully deprives a person without legal
The offenders here are private individuals or public officers person of his liberty ground
acting in their private capacity. If they are public officers, Crime against personal Crime against the
they are covered by the crimes under Title 2. liberty fundamental laws of the
State
When a public officer conspires with a private person in the
commission of any of the crimes under Title IX, the crime is Where the evident purpose of taking the victim was to kill
also one committed under this title and not under Title II. him, and from the acts of the accused it cannot be inferred
that the latter‘s purpose was to actually detain or deprive the
The purpose is immaterial when any of the circumstances in victim of his liberty, the subsequent killing of the victim did
the first paragraph of Art. 267 is present. not constitute the crime of kidnapping. The demand for
ransom did not convert the crime into kidnapping, since no
Essential element: deprivation of liberty. deprivation of liberty was involved. [People v Padica]
RANSOM The essence of kidnapping is the actual deprivation of the

victim‘s liberty coupled with the intent of the accused to
It is the money, price or consideration paid or demanded for effect it. [People v Luartes]
redemption of a captured person or persons, a payment that
releases a person from captivity.


The duration of the detention even if only for a few hours
does not alter the nature of the crime committed. [People v (1) Offender is a private individual;
Pavillare] (2) He kidnaps or detains another, or in any other manner
deprives him of his liberty / furnished the place for the
PHYSICAL DETENTION IS NOT NECESSARY perpetration of the crime
(3) The act of kidnapping or detention is illegal;
It is enough that the victim is under the complete control of (4) The crime is committed without the attendance of any
the perpetrators as in this case when the Japanese victim had of the circumstances enumerated in Article 267.
to rely on his abductors for survival after he was tricked into
believing that the police was after him. It was also held in This felony is committed if any of the five circumstances in
this case that keeping a person as collateral for payment of the commission of kidnapping or detention enumerated in
an obligation is kidnapping. [People v. Tomio] Article 267 is not present.
The elements of kidnapping for ransom under Article 267 The penalty corresponding to that of principal is imposed
of the Revised Penal Code (RPC), as amended by Republic upon an accomplice who cooperates by furnishing the place
Act (R.A.) 7659 warranting the imposition of the death for the perpetration of the crime.
penalty, are as follows:
THE PENALTY IS LOWERED IF:
(1) Intent on the part of the accused to deprive the
victim of his liberty; (1) The offended party is voluntarily released within three
(2) Actual deprivation of the victim of his liberty; and days from the start of illegal detention;
(3) Motive of the accused, which is extorting ransom (2) Without attaining the purpose;
for the release of the victim. (3) Before the institution of the criminal action.
Neither actual demand for nor payment of ransom is The period of 3 days must be computed by days of 24 hours
necessary for the consummation of the felony. It is sufficient and from that moment of the deprivation of liberty until it
that the deprivation of liberty was for extorting ransom even ceases.
if none of the four circumstances mentioned in Article 267
were present in its perpetration. [People v. Cenahonon] The prevailing rule now is Asistio v. Judge, which provides
that voluntary release will only mitigate criminal liability if
Article 267 has been modified by Republic Act No. 7659 (AN crime was slight illegal detention. If serious, it has no effect.
ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN The liability of one who furnishes the place where the
HEINOUS CRIMES, AMENDING FOR THAT PURPOSE offended party is being held captive is that of a principal and
THE REVISED PENAL LAWS, AS AMENDED, OTHER not of an accomplice.
SPECIAL PENAL LAWS, AND FOR OTHER PURPOSES) in
the following respects: ART. 269. UNLAWFUL ARREST
(1) Illegal detention becomes serious when it shall ELEMENTS:

have lasted for more than three days, instead of
five days as originally provided;
(1) Offender arrests or detains another person;
(2) In paragraph 4, if the person kidnapped or
(2) The purpose of the offender is to deliver him to the
detained was a minor and the offender was
proper authorities;
anyone of the parents, the latter has been (3) The arrest or detention is not authorized by law or
expressly excluded from the provision. The there is no reasonable ground therefor
liability of the parent is provided for in the last
paragraph of Article 271;
This felony consists in making an arrest or detention without
(3) A paragraph was added to Article 267, which
legal or reasonable ground for the purpose of delivering the
states: When the victim is killed or dies as a offended party to the proper authorities.
consequence of the detention or is raped, or is subjected
to torture, or dehumanizing acts, the maximum penalty
Generally, this crime is committed by incriminating innocent
shall be imposed.
persons by the offender‘s planting evidence to justify the
(4) The amendment introduced in our criminal
arrest – a complex crime results, that is, unlawful arrest
statutes the concept of "special complex crime" of
through incriminatory machinations under Article 363.
kidnapping with murder or homicide.
(5) It eliminated the distinction drawn by the courts If the arrest is made without a warrant and under
between those cases where the killing of the
circumstances not allowing a warrantless arrest, the crime
kidnapped victim was purposely sought by the
would be unlawful arrest. If the person arrested is not
accused, and those where the killing of the victim
delivered to the authorities, the private individual making the
was not deliberately resorted to but was merely an arrest incurs criminal liability for illegal detention under
afterthought. Article 267 or 268. If the offender is a public officer, the crime
is arbitrary detention under Article 124.
ART. 268. SLIGHT ILLEGAL DETENTION
If the detention or arrest is for a legal ground, but the public
officer delays delivery of the person arrested to the proper
judicial authorities, then Article 125 will apply.
ELEMENTS:


Note: This felony may also be committed by public officers. Where a minor child was taken by the accused without the
[People v. Malasugui] knowledge and consent of his parents, the crime is
kidnapping and serious illegal detention under Article 267,
If the person arrested is not delivered to the authorities, the not kidnapping and failure to return a minor under Article
private individual making the arrest incurs criminal liability 270. [People v. Mendoza]
for illegal detention. [Arts. 267-268]. If the offender is a
public officer, the crime is arbitrary detention. [Art. 124]. If ART. 271. INDUCING A MINOR TO ABANDON HIS
the detention or arrest is for a legal ground, but the public HOME
officer delays delivery of the person arrested to the proper
(Bar asked twice)
judicial authorities, Art. 125 will apply.
ELEMENTS:
Delay in Delivery of Detained Persons and Unlawful
(1) The minor is living in the home of his parents or
arrest
guardians or the person entrusted with his custody;
and
DELAY IN THE DELIVERY UNLAWFUL ARREST (2) The offender induces a minor to abandon such home.
OF DETAINED PERSONS (ART. 269)
(ART. 125) INDUCEMENT MUST BE
Detention is for some legal Detention is not
ground. authorized by law. (1) Actual; and
Crime is committed by failing Committed by making an (2) Committed with criminal intent (determined will to
to deliver such person to the arrest not authorized by cause damage).
proper judicial authority law
within a certain period. Where the victims abandoned their respective homes out of
an irresponsible spirit of restlessness and adventure, the
crime is not committed.
SECTION 2: KIDNAPPING MINORS The minor should not leave his home of his own free will.
What constitutes the crime is the act of inducing a minor to
abandon his home of his guardian, and it is not necessary
ART. 270 KIDNAPPING AND FAIULURE TO RETURN A that the minor actually abandons the home.
MINOR
(Bar asked twice) Father or mother may commit the crimes in Art. 170 and 171
where they are living separately, and the custody of the
ELEMENTS: minor children is given to one of them.
(1) The offender is entrusted with the custody of a minor; The felony is committed by anyone who shall induce a
and minor to abandon the house of his parents or guardian or the
(2) He deliberately fails to restore the minor to his parents person entrusted with his custody. It is mitigated if induced
or guardians. by father or mother.
If any of the foregoing elements is absent, the kidnapping of The article is intended to discourage and prevent disruption
the minor will fall under Art. 267 (Kidnapping and serious of filiar relationship and undue interference with the
illegal detention). parents’ right and duty to the custody of their minor
children and to rear them. The mere commission of any act
The refusal, however, must be deliberate and persistent to which tends to influence, persuade or prevail on a minor to
oblige the parents or the guardian to seek the aid of the abandon his home is what constitutes the crime. Its effect on
courts to obtain the custody of the minor. the minor is immaterial. (People v. Apolinar)
The essential element which qualifies the crime of The crime is committed by mere inducement of the minor to
kidnapping a minor under Art. 270 is that the offender is abandon the house of his parents.
entrusted with the custody of the minor.
RA 10951 AMENDED ART. 271
If the accused is any of the parents, Article 267 does not
apply; Articles 270 and 271 apply. If the taking is with the The penalty of prisión correccional and a fine not ₱100,000
consent of the parents, the crime in Article 270 is committed. shall be imposed upon anyone who shall induce a minor to
abandon the home of his parents or guardians or the persons
The deliberate failure to return a minor under one‘s custody entrusted with his custody. If the person committing the
constitutes deprivation of liberty. Kidnapping and failure to crimes covered shall be the father or the mother of the
return a minor is necessarily included in kidnapping and minor, the penalty shall be arresto mayor or a fine not
serious illegal detention of a minor under Article 267(4). exceeding ₱40,000, or both.
[People v. Generosa]


SECTION 3: SLAVERY AND SERVITURE debt bondage;
(4) Organizing “sex” tours and similar travel
packages;
(5) Hiring persons for purposes of prostitution or
ART. 272 SLAVERY
pornography;
(6) Adopting children for purposes of prostitution,
pornography, sexual exploitation, forced labor,
ELEMENTS
slavery, involuntary servitude and debt bondage;
(7) Engaging in illegal trade of body organs, incl.
(1) Offender purchases, sells, kidnaps or detains a human
Abducting and forcing persons to sell/donate
being; and
organs/tissues.
(2) The purpose of the offender is to enslave such human
(8) Adopting/recruiting child soldiers for armed
being.
conflict
This is committed if anyone shall purchase, kidnap, or detain
Sec. 5 also penalizes acts that promote, facilitate or
a human being for the purpose of enslaving him.
otherwise assist in the commission of the acts enumerated
in Sec. 4.
QUALIFYING CIRCUMSTANCE
Under Sec. 6, trafficking is qualified when:
If the purpose of the offender is to assign the offended party
(1) The trafficked person is a child;
to some immoral traffic (prostitution), the penalty is higher
(2) The inter-country adoption is effected for
purposes of prostitution, pornography, sexual
CRIME
CIRCUMSTANCES exploitation, forced labor, slavery, involuntary
COMMITTED
servitude and debt bondage;
If the purpose of the kidnapping or Slavery (3) Trafficking is committed by a syndicate (large-
detention is to enslave the offended scale);
party (4) Offender is an ascendant, parent, sibling, guardian
if the offender is not engaged in the Slavery or otherwise exercises authority over the trafficked
business of prostitution. person or a public officer or employee;
if the offender is engaged in the White slave trade (5) Trafficking is made for purposes of engaging in
business of prostitution. under Article prostitution with law enforcement/military
341. agencies;
(6) Offender is a member of law
This is distinguished from illegal detention by the purpose. enforcement/military agencies;
If the purpose of the kidnapping or detention is to enslave (7) By reason of trafficking, the victim dies, becomes
the offended party, slavery is committed. insane, suffers mutilation or is infected with HIV
virus/ AIDS.
The employment or custody of a minor with the consent of
the parent or guardian although against the child’s own will ART. 273 EXPLOITATION OF CHILD LABOR
cannot be considered involuntary servitude.
But where is proven that the defendant was obliged to ELEMENTS

render service in plaintiff’s house as a servant without
remuneration whatever and to remain there so long as she (1) Offender retains a minor in his services;
has not paid her debt, there is slavery. (2) It is against the will of the minor;
(3) It is under the pretext of reimbursing himself of a debt
ANTI-TRAFFICKING OF PERSONS ACT OF 2003 (RA incurred by an ascendant, guardian or person entrusted
9208) with the custody of such minor.
Sec. 4 enumerates the following as unlawful: The existence of an indebtedness constitutes no legal
(1) Recruiting, transporting, harboring, transferring, justification for holding a person and depriving him of his
providing or receiving persons, even under the freedom to live where he wills.
pretext of overseas employment, for purposes of
prostitution, pornography, sexual exploitation, Note: If the minor agrees to serve the accused, no crime is
forced labor, slavery, involuntary servitude and committed, even if the service is rendered to pay an
debt bondage; ascendant’s alleged debt.
(2) Facilitating, for profit or consideration,
introductions or mail-order bride schemes ANTI-CHILD LABOR ACT OF 2003 (RA 9231)
between Filipinas and foreigners for purposes of
prostitution, pornography, sexual exploitation, RA 9231 amended RA 7610 by imposing heavier penalties on
forced labor, slavery, involuntary servitude and parents, guardians and employers of children 18 yrs. And
debt bondage; below who commit any of the following acts:
(3) Offering and contracting marriages for purposes (1) Making the child work beyond the maximum no. of
of prostitution, pornography, sexual exploitation, working hours provided by said law;
forced labor, slavery, involuntary servitude and (2) Misappropriating the earnings of the child and/or
failure to set up a trust fund for the latter and render a


semi-annual accounting of such; CHAPTER TWO: CRIMES AGAINST
(3) Using, procuring or offering the child for purposes of
SECURITY
prostitution or pornographic activities;
(4) Using, procuring or offering the child for illicit
activities, such as trafficking of drugs and other illegal
SECTION 1: ABANDONMENT OF
substances;
(5) Making the child work in hazardous working HELPLESS PERSONS AND
conditions; EXPLOITATION OF MINORS
(6) Subjecting the child to various forms of slavery as
defined in RA 9208, incl. Trafficking of children,
recruitment of child soldiers, etc.
ART. 275 ABANDONMENT OF PERSON IN DANGER
AND ABANDONMENT OF ONE’S OWN VICTIM
ART. 274 SERVICES RENDERED UNDER COMPULSION
IN PAYMENT OF DEBT
ACTS PUNISHED
ELEMENTS
(1) Failing to render assistance to any person whom the
offender finds in an uninhabited place wounded or in
(1) Offender compels a debtor to work for him, either as a
danger of dying when he can render such assistance
household servant or farm laborer;
without detriment to himself, unless such omission
(2) It is against the debtor‘s will;
shall constitute a more serious offense.
(3) The purpose is to require or enforce the payment of a
debt.
ELEMENTS
A. The place is not inhabited;
Involuntary servitude or service. In this article, no
B. Accused found there a person wounded or in
distinction is made whether the offended is a minor or an
danger of dying;
adult.
C. Accused can render assistance without
detriment to himself;
See: Special Law: RA 9231 (Anti-Child Labor Act of 2003)
D. Accused fails to render assistance.
Sec. 12-D thereof prohibits “worst forms of child labor”
which includes:
(2) Failing to help or render assistance to another whom
(1) All forms of slavery, as defined under the "Anti-
the offender has accidentally wounded or injured;
trafficking in Persons Act of 2003", or practices
(3) By failing to deliver a child, under seven years of age,
similar to slavery such as sale and trafficking of
whom the offender has found abandoned, to the
children, debt bondage and serfdom and forced or
authorities or to his family, or by failing to take him to a
compulsory labor, including recruitment of
safe place.
children for use in armed conflict; or
(2) The use, procuring, offering or exposing of a child
Under the first act, the offender is liable only when he can
for prostitution, for the production of
render such assistance without detriment to himself, unless
pornography or for pornographic performances;
such omission shall constitute a more serious offense.
or
Where the person is already wounded and already in danger
(3) The use, procuring or offering of a child for illegal
of dying, there is an obligation to render assistance only if he
or illicit activities, including the production and
is found in an uninhabited place. If the mortally wounded,
trafficking of dangerous drugs and volatile
dying person is found in a place not uninhabited in legal
substances prohibited under existing laws; or
contemplation, abandonment will not bring about this crime.
(4) Work which by its nature or the circumstances in
which it is carried out, is hazardous or likely to be
An uninhabited place is determined by possibility of person
harmful to the health, safety or morals of children.
receiving assistance from another. Even if there are many
houses around, the place may still be uninhabited if
SERVICES UNDER COMPULSION AND ANTI-CHILD
possibility of receiving assistance is remote.
LABOR ACT DISTINGUISHED
If what happened was an accident at first, there would be no
SERVICES UNDER RA 9231 (ANTI-CHILD
liability pursuant to Article 12 (4) of the Civil Code –
COMPULSION LABOR ACT OF 2003)
damnum absque injuria. But if you abandon your victim, you
Victim is not necessarily a Victim must be a minor will be liable under Article 275. Here, the character of the
minor place is immaterial. As long as the victim was injured
The debtor is the one Minor is compelled to because of the accident caused by the offender, the offender
compelled to work for the render services for the would be liable for abandonment if he would not render
offender supposed debt of his assistance to the victim.
parents or guardian
Under the third act, it is immaterial even if the offender has
Limited to household There is no limitation as to no knowledge that the child is under seven years of age.
work or farm labor the form of service
ART. 276 ABANDONING A MINOR


ELEMENTS
ELEMENTS
(1) Offender has the custody of a child; A. Offender is a parent;
(2) The child is under seven years of age; B. He neglects his children by not giving them
(3) He abandons such child; education;
(4) He has no intent to kill the child when the latter is C. His station in life requires such education
abandoned. and his financial condition permits it.
QUALIFYING CIRCUMSTANCES “Indifference of parents” – while they are financially capable

of supporting the needs of their children, they deliberately
(1) When the death of the minor resulted from such neglect to support the educational requirements of these
abandonment; or children through plain irresponsibility caused by wrong
(2) If the life of the minor was in danger because of the social values.
abandonment.
Failure to give education must be due to deliberate desire to
The purpose in abandoning the minor under his custody is evade the obligation. If the parents cannot give education
to avoid the obligation of taking care of said minor. It must be because of insufficient means, they will not be liable.
conscious, deliberate, and permanent.
ABANDONMENT OF
Intent to kill cannot be presumed from the death of the child. MINOR BY PERSONS ABANDONMENT OF
The ruling that the intent to kill is presumed from the death ENTRUSTED WITH MINOR [ART. 276]
of the victim of the crime is applicable only to crimes against CUSTODY [ART. 277]
persons, and not to crimes against security, particularly the The custody of the The custody of the
crime of abandoning a minor under Art. 276. offender is specific, that offender is stated in
is, the custody for the general
RA 10951 amended ART. 276 rearing or education of
The penalty of arresto mayor and a fine not exceeding the minor
₱100,000 shall be imposed upon anyone who shall abandon a
child under 7 years of age, the custody of which is Minor is under 18 yrs. of Minor is under 7 years of
incumbent upon him. In case death of the minor shall result age age
from such abandonment, the culprit shall be punished by Minor is delivered to a Minor is abandoned in
prisión correccional in its medium and maximum periods; public institution or other such a way as to deprive
but if the life of the minor shall have been in danger only, the person him of the care and
pnealty shall be prisión correccional in its minimum and protection that his tender
medium periods. Moreover, it shall not prevent the years need
imposition of the penalty provided for the act committed,
when the same shall constitute a more serious offense.” RA 10951 amended ART. 277
The penalty of arresto mayor and a fine not exceeding
ART. 277 ABANDONMENT OF MINOR BY PERSON ₱100,000 shall be imposed upon anyone who, having charge
ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF off the rearing or education of a minor, shall deliver said
PARENTS minor to a public institution or other persons, without the
consent of the one who entrusted such child to his care or in
the absence of the latter, without the consent of the proper
ACTS PUNISHED authorities. The same penalty shall be imposed upon the
parents who shall neglect their children by not giving them
(1) Delivering a minor to a public institution or other the education which their station in life requires and
persons without the consent of the one who entrusted financial condition permits.
such minor to the care of the offender or, in the absence
of that one, without the consent of the proper ART. 278 EXPLOITATION OF MINORS
authorities;
ELEMENTS ACTS PUNISHED

A. Offender has charge of the rearing or
education of a minor; (1) Causing any boy or girl under 16 years of age to
B. He delivers said minor to a public institution perform any dangerous feat of balancing, physical
or other persons; strength or contortion, the offender being any person;
C. The one who entrusted such child to the (2) Employing children under 16 years of age who are not
offender has not consented to such act; or if the children or descendants of the offender in
the one who entrusted such child to the exhibitions of acrobat, gymnast, rope-walker, diver, or
offender is absent, the proper authorities wild-animal tamer, the offender being an acrobat, etc.,
have not consented to it. or circus manager or engaged in a similar calling;
(3) Employing any descendant under 12 years of age in
(2) Neglecting his (offender’s) children by not giving them dangerous exhibitions enumerated in the next
the education which their station in life requires and preceding paragraph, the offender being engaged in
financial condition permits. any of the said callings;


(4) Delivering a child under 16 years of age gratuitously to If the child fell and suffered physical injuries while working,
any person following any of the callings enumerated in the employer shall be liable for said physical injuries in
paragraph 2, or to any habitual vagrant or beggar, the addition to his liability for exploitation of minors.
offender being an ascendant, guardian, teacher or
person entrusted in any capacity with the care of such RA 10951 AMENDED ART. 278
child; and
(5) Inducing any child under 16 years of age to abandon The penalty of prisión correccional in its minimum and
the home of its ascendants, guardians, curators or medium periods and a fine not exceeding ₱100,000 shall now
teachers to follow any person engaged in any of the be imposed.
callings mentioned in paragraph 2 or to accompany any
habitual vagrant or beggar, the offender being any ART. 279 ADDITIONAL PENALTIES FOR OTHER
person. OFFENSES
CIRCUMSTANCE QUALIFYING THE OFFENSE

ADDITIONAL PENALTIES FOR OTHER OFFENSES:
(1) If the delivery of the child to any person following any
of the calling of acrobat, gymnast, rope-walker, diver,
(1) The imposition of the penalties provided in the
wild-animal tamer or circus manager or to any habitual
preceding articles shall not prevent the imposition
vagrant or beggar is made in consideration of any price,
upon the same offender for any other felony punished
compensation or promise, the penalty is higher.
by the Code.
(2) The offender is engaged in a kind of business that
(2) Under Art. 60 of the Pres. Decree 603, the acts
would place the life or limb of the minor in danger,
mentioned in Art. 59 committed by the parentsand
even though working for him is not against the will of
guardians are punished with imprisonment from 2 to 6
the minor.
months or a fine not exceeding P500 or both, unless a
higher penalty is provided in the Revised Penal Code
NATURE OF THE BUSINESS
or special laws.
This involves circuses which generally attract children so
they themselves may enjoy working there unaware of the SECTION 2: TRESPASS TO DWELLING
danger to their own lives and limbs.
ART. 280 QUALIFIED TRESPASS TO DWELLING
AGE
Must be below 16 years. At this age, the minor is still ELEMENTS

growing.
(1) Offender is a private person;
If the employer is an ascendant, the crime is not committed, (2) He enters the dwelling of another;
unless the minor is less than 12 years old. Because if the (3) Such entrance is against the latter’s will.
employer is an ascendant, the law regards that he would
look after the welfare and protection of the child; hence, the TWO FORMS OF TRESPASS
age is lowered to 12 years. Below that age, the crime is
committed. (1) Qualified trespass to dwelling
But remember Republic Act No. 7610 (Special Protection of This may be committed by any private person who shall
Children against Child Abuse, Exploitation and enter the dwelling of another against the latter’s will. The
Discrimination Act). It applies to minors below 18 years old, house must be inhabited at the time of the trespass although
not 16 years old as in the Revised Penal Code. As long as the the occupants are out. Or offender breaks in with force and
employment is inimical – even though there is no physical violence [Article 280].
risk – and detrimental to the child’s interest – against moral,
intellectual, physical, and mental development of the minor (2) Trespass to property
– the establishment will be closed.
Offender enters the closed premises or fenced estate of
Article 278 has no application if minor is 16 years old and another; such close premises or fenced estate is uninhabited;
above. But the exploitation will be dealt with by Republic there is a manifest prohibition against entering such closed
Act No. 7610. premises or fenced estate; and offender has not secured the
permission of the owner or caretaker thereof [Article 281].
If the minor so employed would suffer some injuries as a
result of a violation of Article 278, Article 279 provides that See: Presidential Decree No. 1227 regarding unlawful entry
there would be additional criminal liability for the resulting into any military base in the Philippines.
felony.
Section 1 thereof provides that any person, without express
Illustration: or implied permission or authority of the base commander
The owner of a circus employed a child under 16 years of or his duly authorized representatives, who shall re-enter or
age to do a balancing act on the tightrope. The crime is found within any military base after having been removed
committed is exploitation of minors (unless the employer is therefrom and ordered not to re-enter by the base
the ascendant of the minor who is not below 12 years of age). commander or his duly authorized representative, shall be


punished with imprisonment of not more than ten (10) days occupants after entering.
or a fine not exceeding P100.00, or both for the first offense; (2) Cutting of a ribbon or string with which the door latch
with imprisonment of not less than ten (10) days but not of a closed room was fastened. The cutting of the
more than one (1) month or a fine of not less than P100.00 fastenings of the door was an act of violence.
but not more than P200.00, or both, for the second offense; (3) Wounding by means of a bolo, the owner of the house
and with imprisonment of not less than one (1) month but immediately after entrance
not more than six (6) months or a fine of not less than
P200.00 but not more than P1,000.00, or both, for the third
and subsequent offenses. Examples of Trespass by Means of Intimidation
Dwelling (1) Firing a revolver in the air by persons attempting to

force their way into a house.
It means any building or structure exclusively devoted for (2) The flourishing of a bolo against inmates of the house
rest and comfort. This is the place that a person inhabits. It upon gaining an entrance
includes the dependencies which have interior
communication with the house. It is not necessary that it be Prohibition is not necessary when violence or intimidation is
the permanent dwelling of the person. So, a person’s room employed by the offender.
in a hotel may be considered a dwelling. It also includes a
room where one resides as a boarder. Trespass may be committed by the owner of a dwelling.
If the purpose in entering the dwelling is not shown, QUALIFIED TRESPASS TO DWELLING AND
trespass is committed. If the purpose is shown, it may be VIOLATION OF DOMICILE, DISTINGUISHED
absorbed in the crime as in robbery with force upon things,
the trespass yielding to the more serious crime. But if the Unlike qualified trespass to dwelling, violation of domicile
purpose is not shown and while inside the dwelling he was may be committed only by a public officer or employee and
found by the occupants, one of whom was injured by him, the violation may consist of any of the three acts mentioned
the crime committed will be trespass to dwelling and in Article 128 –
frustrated homicide, physical injuries, or if there was no
injury, unjust vexation. (1) Entering the dwelling against the will of the owner
without judicial order;
If the entry is made by a way not intended for entry, that is (2) Searching papers or other effects found in such
presumed to be against the will of the occupant (example, dwelling without the previous consent of the owner
entry through a window). It is not necessary that there be a thereof; and
breaking. (3) Refusing to leave the dwelling when so requested by
the owner thereof, after having surreptitiously entered
“Against the Will” such dwelling.
This means that the entrance is, either expressly or CASES WHEN ARTICLE 280 DOES NOT APPLY
impliedly, prohibited or the prohibition is presumed.
Fraudulent entrance may constitute trespass. The (1) When the purpose of the entrance is to prevent serious
prohibition to enter may be made at any time and not harm to himself, the occupant or third persons;
necessarily at the time of the entrance. (2) When the purpose of the offender in entering is to
render some service to humanity or justice;
To prove that an entry is against the will of the occupant, it (3) Anyone who shall enter cafes, taverns, inns and other
is not necessary that the entry should be preceded by an public houses while they are open.
express prohibition, provided that the opposition of the
occupant is clearly established by the circumstances under Pursuant to Section 6, Rule 113 of the Rules of Court, a
which the entry is made, such as the existence of enmity or person who believes that a crime has been committed
strained relations between the accused and the occupant. against him has every right to go after the culprit and arrest
him without any warrant even if in the process he enters the
On violence, Cuello Calon opines that violence may be house of another against the latter’s will.
committed not only against persons but also against things.
Breaking the door or glass of a window or door constitutes RA 10951 amended ART 280
acts of violence. Our Supreme Court followed this view in Accordingly, any private person who shall enter the
People v. Tayag. Violence or intimidation must, however, be dwelling of another against the latter’s will shall be
anterior or coetaneous with the entrance and must not be punished by arresto mayor and a fine not exceeding ₱200,000.
posterior. But if the violence is employed immediately after If the offense shall be committed by means of violence or
the entrance without the consent of the owner of the house, intimidation, the penalty shall be prisión correccional in its
trespass is committed. If there is also violence or medium and maximum periods and a fine not exceeding
intimidation, proof of prohibition to enter is no longer ₱200,000.
necessary.
ART. 281 OTHER FORMS OF TRESPASS
Examples of Trespass by means of Violence
ELEMENTS
(1) Pushing the door violently and maltreating the


(1) Offender enters the closed premises or the fenced estate C. That there is a demand for money or that any
of another; other condition is imposed, even though not
(2) The entrance is made while either of them is unlawful;
uninhabited; D. That the offender attains his purpose
(3) The prohibition to enter is manifest; and
(4) The trespasser has not secured the permission of the (2) Making such threat without the offender attaining his
owner or the caretaker thereof. purpose;
(3) Threatening another with the infliction upon his
QUALIFIED TRESPASS TO DWELLING AND OTHER person, honor or property or that of his family of any
FORMS OF TRESPASS, DISTINGUISHED wrong amounting to a crime, the threat not being
subject to a condition.
QUALIFIED OTHER FORMS OF
TRESSPASS TO TRESPASS [ART. 281] Elements
DWELLING [ART. 280] A. That the offender threatens another person with
Offender is a private The offender is any person the infliction upon the latter’s person, honor or
person (either private individual or property, or upon that of the latter’s family, of any
public officer) wrong;
Offender enters a Offender enters closed premises B. That such wrong amounts to a crime;
dwelling house or fenced estate without C. That the threat is not subject to a condition
securing the permission of the
owner or caretaker thereof “THREAT”
Place entered is Prohibition to enter must be
inhabited manifest A declaration of an intention or determination to injure
Act constituting the It is the entering the closed another by the commission upon his person, honor or
crime is entering the premises or the fenced estate property or upon that of his family of some wrong which
dwelling against the without securing the may or may not amount to a crime.
will of the owner permission of the owner or
caretaker thereof “INTIMIDATION”
Prohibition to enter is Prohibition to enter must be
express or implied manifest An indispensable element in the crime of threat. The very
essence of threat is to sow fear, anxiety and insecurity in the
mind of the offended party. It is done by threatening to
“Premises” commit the crime upon the person, honor, and property of
the offended party. There is a promise of some future harm or
Signifies distinct and definite locality. It may mean a room, injury.
shop, building or definite area, but in either case, locality is
fixed. To constitute grave threats, the threats must refer to a future
wrong and is committed by acts or through words of such
RA 10951 amended ART. 281 efficiency to inspire terror or fear upon another. It is,
The penalty of arresto menor or a fine not exceeding ₱40,000, therefore, characterized by moral pressure that produces
or both, shall now be imposed. disquietude or alarm.
SECTION 3: THREATS AND COERCION
(1) If threat was made in writing; or
(2) Through a middleman.
ART. 282 GRAVE THREATS
The greater perversity of the offender is manifested when
the threats are made demanding money or imposing any
ACTS PUNISHED
condition, whether lawful or not, and the offender shall have
attained his purpose. The law imposes upon him the penalty
(1) Threatening another with the infliction upon his
next lower in degree than that prescribed for the crime
person, honor or property or that of this family of any
threatened to be committed. But if the purpose is not
wrong amounting to a crime and demanding money or
attained, the penalty lower by two degrees is imposed. The
imposing any other condition, even though not
maximum period of the penalty is imposed if the threats are
unlawful, and the offender attained his purpose;
made in writing or through a middleman as they manifest
evident premeditation.
Elements
A. That the offender threatens another person with
If there is another crime actually committed or the objective
the infliction upon the latter’s person, honor or
of the offender is another crime, and the threat is only a
property, or upon that of the latter’s family, of any
means to commit it or a mere incident in its commission, the
wrong;
threat is absorbed by the other crime. But if the threat was
B. That such wrong amounts to a crime;
made with the deliberate purpose of creating in the mind of
the person threatened, the belief that the threat would be
carried into effect, the crime committed is grave threats, and


the minor crime which accompanied it should be made in writing or through a middleman, the penalty shall
disregarded. be imposed in its maximum period.
Threat and Coercion distinguished The penalty of arresto mayor and a fine not exceeding
THREAT COERCION ₱100,000, if the threat shall not have been made subject to a
Intimidation is essential The essence of coercion is condition
violence or intimidation.
Intimidation is future Force or violence must be ART. 283 LIGHT THREATS
and conditional imminent, actual, and
immediate ELEMENTS
Intimidation is directed Intimidation is directed against
against the victim or his the victim only (1) Offender makes a threat to commit a wrong;
family (2) The wrong does not constitute a crime;
(3) There is a demand for money or that other condition is
Threat and Robbery, distinguished imposed, even though not unlawful;
THREAT ROBBERY (4) Offender has attained his purpose or, that he has not
In threat, the danger In robbery, the robber makes the attained his purpose.
to the victim is not danger involved in his threats
instantly imminent directly imminent to the victim and A person may be convicted of light threats if although the
nor the gain of the the obtainment of his gain harm threatened is not in the nature of crime but there is a
culprit immediate. immediate, thereby also taking demand for money or any other condition is imposed, even
rights to his person by the though lawful.
opposition or resistance which the
victim might offer Thus, if X would threaten Y, a physician, who is not paying
As to intimidation taxes to the Government to report to the BIR unless said
the intimidation is intimidation is actual and physician would come across with P5,000, this crime is
future and immediate committed. The threat to report to the BIR does not amount
conditional. to a wrong constituting a crime.
As to nature of intimidation
it may be through an intimidation is personal Blackmailing may be punished under Article 283.
intermediary
ART. 284 BOND FOR GOOD BEHAVIOR
As to subject matter
may refer to the refers to personal property
person, honor or The law imposes the penalty of bond for good behavior only
property. in case of grave and light threats. If the offender cannot post
As to intent to gain the bond, he will be banished by way of destierro to prevent
intent to gain is not there is intent to gain him from carrying out his threat.
an essential element.
WHEN A PERSON IS REQUIRED TO GIVE BAIL BOND
GRAVE THREATS AND LIGHTS THREATS, (1) When he threatens another under the circumstances
DISTINGUISED mentioned in Art. 282 (Grave Threats).
GRAVE THREATS [ART. LIGHT THREATS [ART. (2) When he threatens another under the circumstances
282] 283] mentioned in Art. 283 (Light Threats).
Acts threatened amounts to Acts threatened does not
a crime. amount to a crime. This is an additional penalty.
Even if the harm intended is
in the nature of a crime, if BOND TO KEEP THE BOND FOR GOOD
made orally and in the heat PEACE BEHAVIOR
of anger and after the oral (ART. 35) (ART. 365)
threat, the issuer of the It is applicable to any It is applicable only to cases
threat did not pursue the particular case. of grave threats and light
act, the crime is only other threats.
light threats under Article If the offender fails to give If the offender fails to give
283. bond, he shall be detained the bond, he shall be
for a period not exceeding 6 sentenced to destierro.
RA 10951 amended ART. 282 months.
The penalty next lower in degree than that prescribed by law
for the crime he threatened to commit, if the offender shall ART. 285 OTHER LIGHT THREATS
have made the threat demanding money or imposing any
other condition, even though not unlawful, and said ACTS PUNISHED
offender shall have attained his purpose. If the offender shall
not have attained his purpose, the penalty lower by 2 (1) Threatening another with a weapon, or by drawing
degrees shall be imposed. On the other hand, if the threat be


such weapon in a quarrel, unless it be in lawful self- so, or in other words, that the restraint shall not be
defense; made under authority of law or in the exercise of any
(2) Orally threatening another, in the heat of anger, with lawful right.
some harm constituting a crime, without persisting in
the idea involved in his threat; PURPOSE OF THE LAW
(3) Orally threatening to do another any harm not
constituting a felony. To enforce the principle that no person may take the law into
his hands, and that our government is one of law, not of
WITHOUT BEING INCLUDED IN THE PROVISIONS OF men.
THE NEXT PRECEDING ARTICLE
Grave coercion arises only if the act which the offender
There must be no demand for money or there is no condition prevented another to do is not prohibited by law or
imposed. It must likewise be not punished under paragraph ordinance. If the act prohibited was illegal, he is not liable
2 of Article 282. for grave coercion.
Under the first type, the subsequent acts of the offender Illustration:
must show that he did not persist in the idea involved in the Compelling the debtor to deliver some of his properties to
threat. Threats which are ordinarily grave threats, if made in pay a creditor will amount to coercion although the creditor
the heat of anger, may be other light threats. If the threats are may have a right to collect payment from the debtor, even if
directed to a person who is absent and uttered in a the obligation is long overdue.
temporary fit of anger, the offense is only other light threats.
The violence employed in grave coercion must be
Note: Whether it is grave or light threats, the crime is immediate, actual, or imminent. In the absence of actual or
committed even in the absence of the person to whom the threat is imminent force or violence, coercion is not committed. The
directed. essence of coercion is an attack on individual liberty.
Grave and light threats distinguished from other light The physical violence is exerted to 1. Prevent a person from
threats doing something he wants to do; or 2. Compel him to do
something he does not want to do.
GRAVE THREATS AND OTHER LIGHT
LIGHT THREATS [ART. THREATS [ART. 283] If a man compels another to show the contents of the latter’s
282 & ART. 283] pockets, and takes the wallet, this is robbery and not grave
In certain cases, demand No demand for money coercion. The intimidation is a means of committing robbery
for money is necessary with violence or intimidation of persons. Violence is
In certain cases, condition No condition is imposed inherent in the crime of robbery with violence or
is imposed intimidation upon persons and in usurpation of real
Threat is deliberate Threat is not deliberate properties because it is the means of committing the crime.
RA 10951 amended ART. 285 Exception to the rule that physical violence must be
The penalty of arresto menor in its minimum period or a fine exerted: where intimidation is so serious that it is not a
not exceeding ₱40,000 shall now be imposed threat anymore – it approximates violence.
ART. 286 GRAVE COERCIONS In Lee v. CA, 201 SCAR 405, it was held that neither the crime
of threats nor coercion is committed although the accused, a
branch manager of a bank made the complainant sign a
ACTS PUNISHED withdrawal slip for the amount needed to pay the spurious
dollar check she had encashed, and also made her execute an
(1) Preventive – Preventing another, by means of violence, affidavit regarding the return of the amount against her
threats or intimidation, from doing something not better sense and judgment. According to the court, the
prohibited by law; complainant may have acted reluctantly and with hesitation,
(2) Compulsive – Compelling another, by means of but still, it was voluntary. It is different when a complainant
violence, threats or intimidation, to do something refuses absolutely to act such an extent that she becomes a
against his will, whether it be right or wrong. mere automaton and acts mechanically only, not of her own
will. In this situation, the complainant ceases to exist as an
ELEMENTS independent personality and the person who employs force
or intimidation is, in the eyes of the law, the one acting;
(1) A person prevented another from doing something not while the hand of the complainant sign, the will that moves
prohibited by law, or it is the hand of the offender.
(2) That he compelled him to do something against his
will; be it right or wrong; WHEN PRISION MAYOR SHALL BE IMPOSED
(3) The prevention or compulsion be effected by violence,
threats or intimidation control the will of the offended (1) If the coercion is committed in violation of the exercise
party; and of the right of suffrage.
(4) The person that restrained the will and liberty of (2) If the coercion is committed to compel another to
another had not the authority of law or the right to do perform any religious act.


(3) If the coercion is committed to prevent another from In the other light coercions or unjust vexation embraced in
performing any religious act the second paragraph, violence is absent
INTERRUPTION OF RELIGIOUS WORSHIP, ACT UNJUST VEXATION

TENDING TO PREVENT THE METTING OF THE
ASSEMBLY AND SIMILAR BODIES, VIOLATION OF Any act committed without violence, but which unjustifiably
PARLIAMENTARY IMMUNITY, AND LIGHT annoys or vexes an innocent person amounts to light
COERCION, DISTINGUISHED coercion. [People vs. Gozum, 54 O.G. 7412]
CIRCUMSTANCES CRIME COMMITTED It should include any human conduct which, although not
A public officer who shall Interruption of religious productive of some physical or material harm would,
prevent by means of worship [Art 132] however, unjustifiably annoy or vex an innocent person.
violence or threats the It is distinguished from grave coercion under the first
ceremonies or paragraph by the absence of violence.
manifestations of any
religion Illustration:
Any person who, by Act tending to prevent the Persons stoning someone else’s house. So long as stoning is
force, prevents the meeting of the Assembly not serious and it is intended to annoy, it is unjust vexation.
meeting of a legislative and similar bodies [Art It disturbs the peace of mind.
body 143]
Any person who shall use Violation of parliamentary PURPOSE:
force or intimidation to immunity [Art 145]
prevent any member of The main purpose of the statute penalizing coercion and
Congress from attending unjust vexation is precisely to enforce the principle that no
the meetings thereof, person may take the law into his hands and that our
expressing his opinions, government is one of laws, not of men. The essence of the
or casting his vote crimes is the attack on individual liberty.
when the violence is light coercion [Art. 287]
employed to seize RA 10951 AMENDED ART. 287
anything belonging to the
debtor of the offender The penalty of arresto mayor in its minimum period and a
fine equivalent to the value of the thing, but in no case less
The owner of a thing has no right to prohibit the interference than ₱15,000 shall now be imposed. Any other coercions or
of another with the same, if the interference is necessary to unjust vexations shall be punished by arresto menor or a fine
avert an imminent danger and the threatened damage, ranging from ₱1,000 to not more than ₱40,000, or both.
compared to the damage arising to the owner from the
interference, is much greater. [Art. 432, Civil Code] ART. 288 OTHER SIMILAR COERCIONS;
(COMPULSORY PURCHASE OF MERCHANDISE AND
RA 10951 amended ART. 286 PAYMENT OF WAGES BY MEANS OF TOKENS)
The penalty of prisión correccional and a fine not exceeding
₱100,000 shall now be imposed for both acts of coercion. If ACTS PUNISHED
the coercion be committed in violation of the exercise of the (1) Forcing or compelling, directly or indirectly, or
right of suffrage, or for the purpose of compelling another to knowingly permitting the forcing or compelling of the
perform any religious act, or to prevent him from exercising laborer or employee of the offender to purchase
such right or from so doing such act, the penalty next higher merchandise of commodities of any kind from him;
in degree shall be imposed.
ELEMENTS
ART. 287 LIGHT COERCIONS A. Offender is any person, agent or officer of
any association or corporation;
ELEMENTS B. He or such firm or corporation has employed
laborers or employees;
(1) Offender must be a creditor; C. He forces or compels, directly or indirectly,
(2) He seizes anything belonging to his debtor; or knowingly permits to be forced or
(3) The seizure of the thing be accomplished by means of compelled, any of his or its laborers or
violence or a display of material force producing employees to purchase merchandise or
intimidation; commodities of any kind from him or from
(4) The purpose of the offender is to apply the same to the said firm or corporation.
payment of the debt.
(2) Paying the wages due his laborer or employee by
The first paragraph deals with light coercions wherein means of tokens or object other than the legal
violence is employed by the offender who is a creditor in tender currency of the Philippines, unless
seizing anything belonging to his debtor for the purpose of expressly requested by such laborer or employee.
applying the same to the payment of the debt.
ELEMENTS


A. Offender pays the wages due a laborer or Preventing employees or laborers from joining any
employee employed by him by means of registered labor organization is punished under Art. 248 of
tokens or object; the Labor Code.
B. Those tokens or objects are other than the
legal tender currency of the Philippines; RA 10951 amended ART. 289
C. Such employee or laborer does not expressly The penalty of arresto mayor and a fine not exceeding
request that he be paid by means of tokens or ₱60,000 shall now be imposed.
objects.
As a general rule, wages shall be paid in legal tender and the CHAPTER THREE: DISCOVERY AND
use of tokens, promissory notes, vouchers, coupons or any REVELATION OF SECRETS
other forms alleged to represent legal tender is absolutely
prohibited even when expressly requested by the employee.
[Section 1, Rule VIII, Book III, Omnibus Rules Implementing the ART. 290 DISCOVERING SECRETS THROUGH
Labor Code] SEIZURE OF CORRESPONDENCE
No employer shall limit or otherwise interfere with the

freedom of any employee to dispose of his wages. He shall ELEMENTS
not in any manner force, compel, oblige his employees to
purchase merchandise, commodities or other property from (1) Offender is a private individual or even a public officer
the employer or from any other person. [Art. 112, Labor Code] not in the exercise of his official function;
(2) He seizes the papers or letters of another;
Compelling an employee to purchase merchandise or (3) The purpose is to discover the secrets of such another
commodities of the employer or compelling him to receive person;
tokens or objects in payment of his wages are punished (4) Offender is informed of the contents of the papers or
under the Revised Penal Code. letters seized.
Inducing an employee to give up any part of his wages by Seize means to place in the control of someone a thing ot to
force, stealth, intimidation, threat or by any other means is give him the possession thereof.
unlawful under Article 116 of the Labor Code, not under the
Revised Penal Code. Purpose: This is a crime against the security of one’s papers
and effects. The purpose must be to discover its effects. The
RA 10951 amended ART. 288 act violates the privacy of communication.
The penalty of arresto mayor or a fine ranging from ₱40,000
According to Ortega, it is not necessary that the offender
to ₱100,000, or both, shall now be imposed for both acts.
should actually discover the contents of the letter. Reyes,
citing People v. Singh, believes otherwise.
ART. 289 FORMATION, MAINTENANCE AND
PROHIBITION OF COMBINATION OF CAPITAL OR
LABOR THROUGH VIOLENCE OR THREATS This is not applicable to parents with respect to minor
children.
ELEMENTS The last paragraph of Article 290 expressly makes the

provision of the first and second paragraph thereof
(1) Offender employs violence or threats, in such a degree inapplicable to parents, guardians, or persons entrusted with
as to compel or force the laborers or employers in the the custody of minors placed under their care or custody,
free and legal exercise of their industry or work; and to the spouses with respect to the papers or letters of
(2) The purpose is to organize, maintain or prevent either of them. The teachers or other persons entrusted with
coalitions of capital or labor, strike of laborers or the care and education of minors are included in the
lockout of employees. exceptions.
ACTS PUNISHED In a case decided by the Supreme Court, a spouse who

rummaged and found love letters of husband to mistress
(1) The organizing, maintaining or preventing coalitions of does not commit this crime, but the letters are inadmissible
capital or labor, strike, or lockout through violence or in evidence because of unreasonable search and seizure. The
threats. ruling held that the wife should have applied for a search
(2) The act should not be a more serious offense. If death or warrant.
some serious physical injuries are cause in an effort to
curtail the exercise of the rights of the laborers and DISCOVERING SECRETS THROUGH SEIZURE OF
employers, the act should be punished in accordance CORRESPONDENCE, ESTAFA, DAMAGE TO
with the other provisions of the Code. PROPERTY, and UNJUST VEXATION, DISTINGUISHED
Peaceful picketing is part of the freedom of speech and is not CIRCUMSTANCES CRIME COMMITTED
covered by this article. If the act had been executed Estafa
with intent of gain
If the purpose was not to would merit the


defraud, but only to cause qualification of damage to An employee, manager, or servant who came to know of the
damage to another’s property secret of his master or principal in such capacity and reveals
If the intention was merely to Unjust Vexation the same shall also be liable regardless of whether the
cause vexation preventing principal or master suffered damages.
another to do something
which the law does not The essence of this crime is that the offender learned of the
prohibit or compel him to secret in the course of his employment. He is enjoying a
execute what he does not confidential relation with the employer or master, so he
want should respect the privacy of matters personal to the latter.
Revelation of secrets discovered not an element of the crime RA 10951 amended ART. 291
but only increases the penalty. The penalty of arresto mayor and a fine not exceeding
₱100,000 shall now be imposed.
RA 10951 amended ART. 290
The penalty of prisión correccional in its minimum and
ART. 292 REVELATION OF INDUSTRIAL SECRETS
medium periods and a fine not exceeding ₱100,000 shall now
be imposed. If the offender shall not reveal such secrets, the
penalty shall be arresto mayor and a fine not exceeding ELEMENTS
₱100,000.
(1) Offender is a person in charge, employee or workman
See: An Act To Prohibit And Penalize Wire Tapping And of a manufacturing or industrial establishment;
Other Related Violations Of The Privacy Of (2) The manufacturing or industrial establishment has a
Communication, And For Other Purposes (RA No. 4200) secret of the industry which the offender has learned;
(3) Offender reveals such secrets;
Section 1. Unlawful acts by any person or participant, not (4) Prejudice is caused to the owner.
authorized by all the parties to any private communication
or spoken word. A business secret must not be known to other business
(1) To tap any wire or cable; entities or persons. It is a matter to be discovered, known
(2) To use any other device or arrangement to secretly and used by and must belong to one person or entity
overhear, intercept or record such communication exclusively. One who merely copies their machines from
by using a device known as dictaphone, those already existing and functioning cannot claim to have
dictagraph, detectaphone, walkie-talkie or tape- a business secret, much less, a discovery within the
recorder; contemplation of Article 292.
(3) To knowingly possess any tape/wire or disc
record, or copies of any communication or spoken The secrets here must be those relating to the manufacturing
word; processes invented by or for a manufacturer and used only
(4) To replay the same for any person or persons; in his factory or in a limited number of them, otherwise, as
(5) To communicate the contents thereof, verbally or when such processes are generally used, they will not be a
in writing; secret.
(6) To furnish transcriptions thereof, whether
complete or partial. The act constituting the crime is revealing the secret of the
industry of employer. When, the offender used for his own
Exception: When a peace officer is authorized by written benefit, without revealing it to others, he is not liable under
order from the court. this article.
Any recording, communication or spoken word obtained in RA 10951 amended ART. 292
violation of the provisions of this Act – inadmissible in The penalty of prisión correccional in its minimum and
evidence in any judicial, quasi-judicial or administrative medium periods and a fine not exceeding ₱100,000 shall now
hearing or investigation. be imposed.
ART. 291 REVEALING SECRETS WITH ABUSE OF CRIMES AGAINST PROPERTY

OFFICE
Chapter One: Robbery in General

ELEMENTS Art. 293. Who are guilty of robbery
Section 1: Robbery with violence against or intimidation
(1) Offender is a manager, employee or servant;
of persons.
(2) He learns the secrets of his principal or master in such
Art. 295. Robbery with violence against or intimidation of
capacity;
persons; Penalties
(3) He reveals such secrets.
Art. 295. Robbery with physical injuries, committed in an
uninhabited place and by a band, or with the use of
SECRET MUST BE LEARNED BY REASON OF THEIR
firearm on a street, road or alley
EMPLOYMENT:
Art. 296. Definition of a band and penalty incurred by the
members thereof
Art. 297. Attempted and frustrated robbery committed


under certain circumstances Art. 332. Persons exempt from criminal liability
Art. 298. Execution of deeds by means of violence or
intimidation CHAPTER ONE: ROBBERY IN GENERAL
Section 2: Robbery by the use of force upon things.

Art. 299. Robbery in an inhabited house or public SECTION 1: ROBBERY WITH VIOLENCE
building or edifice devoted to worship AGAINST OR INTIMIDATION OF
Art. 300. Robbery in an uninhabited place and by a band PERSONS
Art. 301. What is an inhabited house, public building or
building dedicated to religious worship and their
dependencies ART. 293 WHO ARE GUILTY OF ROBBERY
Art. 302. Robbery is an uninhabited place or in a private
building
Art. 303. Robbery of cereals, fruits, or firewood in an ROBBERY
uninhabited place or private building
Art. 304. Possession of picklocks or similar tools It is the taking of personal property belonging to another
Art. 305. False keys with intent to gain, by means of violence against, or
Chapter Two: Brigandage intimidation of any person or using force upon anything.
Art. 306. Who are brigands; Penalty
Art. 307. Aiding and abetting a band of brigands CLASSIFICATION OF ROBBERY
Chapter Three: Theft
(1) Robbery with violence against, or intimidation of
Art. 308. Who are liable for theft
persons. [Arts. 294, 297, 298]
Art. 309. Penalties
(2) Robbery by use of force upon things. [Arts. 299 & 302]
Art. 310. Qualified theft
Art. 311. Theft of the property of the National Library and
ELEMENTS OF ROBBERY IN GENERAL
National Museum
Chapter Four: Usurpation
(1) That there be personal property belonging to another;
Art. 312. Occupation of real property or usurpation of real
(2) That there is unlawful taking of that property;
rights in property
(3) That the taking must be with intent to gain; and
Art. 313. Altering boundaries or landmarks
(4) That there is violence against or intimidation of any
Chapter Five: Culpable Insolvency
person or force upon things
Art. 314. Fraudulent insolvency
Chapter Six: Swindling and other deceits TAKING
Art. 315. Swindling (estafa)
Art. 316. Other forms of swindling Means depriving the offended party of possession of the
Art. 317. Swindling a minor thing taken with the character of permanency. Taking of
Art. 318. Other deceits personal property need not be immediately after the
Chapter Seven: Chattel Mortgage intimidation.
Art. 319. Removal, sale or pledge of mortgaged property
Chapter Eight: Arson and Other Crimes Involving PROPRERTY MUST BE PERSONAL PROPERTY
Destructions
Art. 320. Destructive arson Property taken must be personal property, for if real
Art. 321. Other forms of arson property is occupied or real right is usurped by means of
Art. 322. Cases of arson not included in the preceding violence against or intimidation of person, the crime is
articles usurpation. [Art. 312]
Art. 323. Arson of property of small value
Art. 324. Crimes involving destruction Prohibitive articles may be the subject matter of robbery,
Art. 325. Burning one's own property as means to commit such as opium.
arson
Art. 326. Setting fire to property exclusively owned by the The person from whom the personal property is taken need
offender not be the owner. Possession of the property is sufficient. A
Art. 326-A. In cases where death resulted as a co-owner or a partner cannot commit robbery or theft with
consequence of arson regard to the co-ownership or partnership property.
Art. 326-B. Prima facie evidence of arson
Chapter Nine: Malicious Mischief As a general rule, the unlawful taking of personal property
Art. 327. Who are liable for malicious mischief belonging to another involves intent to gain on the part of
Art. 329. Other mischiefs the offender. Absence of intent to gain will make the taking
Art. 330. Damage and obstruction to means of of personal property grave coercion if there is violence used.
communication [Art. 286] Exists when it causes the fear or fright of the
Art. 331. Destroying or damaging statues, public victim.
monuments or paintings
Chapter Ten: Exemption from Criminal Liability The violence of intimidation must be present before the
In Crimes Against Property taking of personal property is complete. When the violence
results in:


(1) Homicide; Penalty depends – Inhabited Bldg.:
(2) Rape;
(3) Intentional mutilation; or (a) on the result of Penalty is based –
(4) Any of the serious physical injuries penalized in the violence used; (a) on the value of the property
paragraphs 1 and 2 of Art. 263, and taken; and
(b) on the existence (b) on whether the offenders carry
It will be robbery complexed with any of those crimes under of intimidation. arms.
Art. 294, even if the taking was already complete when the
violence was used by the offender. Uninhabited Bldg.:
Penalty is based only on the value
Use of force upon things will not make the taking of of the property taken.
personal property robbery, if the culprit never entered a
house or building. But such entrance is not necessary when RA 6539 or the Anti-Carnapping Act of 1972 applies when
the robbery is committed by breaking wardrobes, chests, or the property taken in robbery is a motor vehicle. Section 2
any other kind of locked or sealed furniture or receptacle thereof defined “carnapping" as the taking, with intent to
inside an inhabited house, a public building or edifice gain, of a motor vehicle belonging to another without the
devoted to religious worship, or by taking such furniture or latter's consent, or by means of violence against or
objects away to be broken or forced open outside [subdivision intimidation of persons, or by using force upon things. On
(b) of Art. 299] or when the robbery in an uninhabited the other hand, a “motor vehicle" is any vehicle propelled by
building, other than a public building or edifice devoted to any power other than muscular power using the public
religious worship, is committed by breaking any wardrobe, highways, but excepting road rollers, trolley cars, street-
chest, or any sealed or closed furniture or receptacle, or by sweepers, sprinklers, lawn mowers, bulldozers, graders,
removing a closed or sealed receptacle even if the same be fork-lifts, amphibian trucks, and cranes if not used on public
broken open elsewhere. [pars. 4 and 5 of Art. 302] highways, vehicles, which run only on rails or tracks, and
tractors, trailers and traction engines of all kinds used
WHEN IS UNLAWFUL TAKING COMPLETE exclusively for agricultural purposes. Trailers having any
number of wheels, when propelled or intended to be
ROBBERY WITH ROBBERY WITH FORCE propelled by attachment to a motor vehicle, shall be
VIOLENCE AGAINST OR UPON THINGS classified as separate motor vehicle with no power rating.
INTIMIDATION OF
PERSONS
The unlawful taking is The thing must be taken out ART. 294 ROBBERY WITH VIOLENCE AGAINST OR
complete even if the culprit of the building in order to INTIMIDATION OF PERSONS
has no opportunity to be considered
dispose the property. consummated. This article punishes robbery with either homicide, rape,
There is NO frustrated stage There is a frustrated stage intentional mutilation, arson, serious physical injuries or
with clearly unnecessary violence. These offenses are known
Distinctions between violence against or intimidation of as special complex crimes.
persons and use of force upon things
ROBBERY WITH HOMICIDE
VIOLENCE
AGAINST OR ELEMENTS
USE OF FORCE UPON THINGS
INTIMIDATION
OF PERSONS (1) The taking of personal property with violence or
Taking of personal Taking is robbery only if the force is intimidation against persons;
property belonging used either to enter the building or (2) That the property taken belongs to another;
to another is always to break doors, wardrobes, chests, (3) The taking was done with animo lucrandi; and
robbery. or any other kind of locked or (4) On the occasion of the robbery or by reason thereof,
sealed furniture or receptacle inside homicide was committed. [People vs. Baccay, 90 SCAD
the building or to force them open 273, 284 SCRA 296; People vs. Mantung, 109 SCAD 499,
outside after taking the same from 310 SCRA 819]
the building. [Arts. 299 and 302]
Value of personal Value of personal property taken is “Homicide” is used in its generic sense; it thus incudes
property taken is material. paricide and murder. Hence, there is no Robbery with
immaterial. Murder as the crime is still Robbery with Homicide.
Homicide may precede robbery or may occur after robbery.

What is essential is that the offender must have intent to take
personal property before the killing.
The original criminal design of the of the offender must be to

rob, and the killing was perpetrated with a view to the
consummation of Robbery. Where the offender’s intention to
take personal property of the victim arises as an


afterthought, where his original intent was to kill, he is Involves slight or less serious physical injuries, which are
guilty of two separate crimes of homicide or murder, as the absorbed in the crime of robbery as an element thereof.
case may be, and theft.
Violence or intimidation may enter at any time before the
There is robbery with homicide even if the person killed was owner is finally deprived of his property. This is so because
a bystander and not the person robbed or even if it was one asportation is a complex fact, a whole divisible into parts, a
of the offenders. The law does not require the victim of the series of acts, in the course of which personal violence or
robbery be also the victim of homicide. intimidation may be injected.
Robbery with homicide exists even if the death of the victim ART. 295 ROBBERY WITH PHYSICAL INJURIES,
supervened by mere accident. It is sufficient that a homicide COMMITTED IN AN UNINHABITED PLACE AND BY A
resulted by reason or on the occasion of the robbery. BAND, OR WITH THE USE OF FIREARM ON A STREET,
ROAD, OR ALLEY
ROBBERY WITH RAPE
Robbery with violence against or intimidation of persons
The offender must have the intent to take the personal under Par. 3, 4, 5 (serious physical injuries, clearly
property belonging to another with intent to gain, and such unnecessary violence, OR simple robbery) of Article 294 is
intent must precede the rape.
Qualified if committed -
All the robbers may be held liable for robbery with rape
(1) In an uninhabited place; or
even if not all of them committed the crime of rape based on (2) By a band; or
the concept of conspiracy. (3) By attacking a moving train, street car, motor
vehicle, or airship; or
Par. 1 of this article also applies even if the victim of the rape
(4) By entering the passengers’ compartments in a
committed by the accused was herself a member of the gang
train, or in any manner taking the passengers by
of robbers.
surprise in the respective conveyances; or
(5) On a street, road, highway, or alley, and the
There is no crime of Robbery with Multiple Homicide or intimidation is made with the use of firearms, the
Robbery with Multiple Counts of Rape. Although there is
offender shall be punished by the maximum
more than one instance of homicide/murder or rape, they
periods of the proper penalties prescribed in 294.
shall be considered as embraced under one special complex
crime of either Robbery with Homicide or Robbery with Art. 295 speaks of aggravating circumstances applicable
Rape. when physical injuries mentioned in paragraphs 2, 3, and 4
were inflicted by reason or on occasion of robbery or where
Neither shall the additional rape/s or homicide/s be
only intimidation was used in the commission of Robbery.
considered aggravating.
As special aggravating circumstances they must be alleged
in the information otherwise, even if proven, they can be
ROBBERY WITH INTENTIONAL MUTILATION offset by an ordinary mitigating circumstances having been
reduced into the class of generic aggravating circumstances.
Robbery and intentional mutilation must both be
consummated to be classified as robbery with intentional
ART. 296 DEFINITION OF A BAND AND PENALTY
mutilation. There must be intent to mutilate, for if mutilation INCURRED BY THE MEMBERS THEREOF
merely resulted as a consequence of the injury inflicted, the
crime would be robbery with serious physical injuries.
ROBBERY BY A BAND, WHEN COMMITTED
ROBBERY WITH ARSON
When at least four armed malefactors take part in the
In the case of robbery with arson, it is essential that the commission of a robbery, it is deemed committed by a band.
robbery precedes the arson. There must be intent to commit Even though only two of the malefactors were armed, it is
robbery and no killing, rape or intentional mutilation should deemed to be committed by a band.
be committed in the course of the robbery, or else, arson will
only be considered an aggravating circumstance of the crime PENALTY
actually committed.
When any of the firearms used in the commission of robbery
ROBBERY WITH SERIOUS PHYSICAL INJURIES is not licensed, the penalty upon all the malefactors shall be
the maximum of the corresponding penalty provided by law
To be considered as Robbery with Physical injuries, the without prejudice to the criminal liability for illegal
injuries inflicted must be serious, otherwise, they shall be possession of such firearms.
absorbed in the robbery. However, if the less serious or
slight physical injuries were committed, that would REQUISITES FOR LIABILITY OF ACTS OF OTHER
constitute a separate offense. MEMBERS
SIMPLE ROBBERY (1) Member of the band;

(2) Present at the commission of robbery;
(3) Other members committed an assault; and


(4) He did not attempt to prevent the assault. ELEMENTS
If the mentioned requisites are present, the member(s) shall (1) The offender entered –
be punished as principal of any of the assaults committed by A. An inhabited house;
the band. B. A public building or
C. An edifice devoted to religious worship
ART. 297 ATTEMPTED AND FRUSTRATED ROBBERY (2) The entrance was effected by any of the following
COMMITTED UNDER CERTAIN CIRCUMSTANCES means:
A. Through an opening not intended for entrance or
egress;
ELEMENTS
B. By breaking any wall, roof, floor, door or window;
(1) There is attempted or frustrated robbery C. By using false keys, picklocks or similar tools; or
D. By using any fictitious name or pretending the
(2) A homicide is committed on the same occasion.
exercise of public authority.
(3) That once inside the building, the offender took
SPECIAL COMPLEX CRIME
personal property belonging to another with intent to
When robbery is attempted or frustrated but homicide is gain.
attendant. The penalty is the same whether robbery is
The whole body of the culprit must be inside the building to
attempted or frustrated.
constitute entering.
The word “homicide” is used in its generic sense. It thus
includes multiple homicides, murder, parricide, or even II. ROBBERY WITH FORCE UPON THINGS
UNDER SUBDIVISION B
infanticide.
ELEMENTS
ART. 298 EXECUTION OF DEEDS BY MEANS OF
VIOLENCE OR INTIMIDATION
(1) Offender is inside a dwelling house, public building or
edifice devoted to religious worship, regardless of the
ELEMENTS circumstances under which he entered;
(2) The offender takes personal property belonging to
(1) That the offender has intent to defraud another; another with intent to gain under any of the following
(2) That the offender compels him to sign, execute, or circumstances:
deliver any public instrument or document; and A. By the breaking of doors, wardrobes, chests or any
(3) That the compulsion is by means of violence or other kind of sealed furniture or receptacle;
intimidation B. By taking such furniture or objects away to be
broken or forced open outside the place of the
This is Robbery by the employment of violence or robbery;
intimidation and the purpose is not to take personal C. If the locked or sealed receptacle is not forced
property but to compel a person to sign a document. It could open, crime is estafa or theft.
be public instrument or private document since the Spanish
text says “escritura publico o documento” the word public RA 10951 amended ART. 299
describing only the word instrument. (See Reyes, Revised Any armed person who shall commit robbery in an
Penal Code) There must be intent to defraud another by inhabited house or public building or edifice devoted to
means or through the contents of the document so that the religious worship, shall be punished by reclusion temporal,
instrument or document must not be a void document. if the value of the property taken shall exceed ₱50,000 and if
any of the means of entry abovementioned is/are present.
Art. 298 applies to private or commercial document, but it On the other hand, when the offenders do not carry arms,
shall not apply of the document is void. and the value of the property taken exceeds ₱50,000, the
penalty next lower in degree shall be imposed. The same
When the offended party is under the obligation to sign, rule shall be applied when the offenders are armed, but the
execute or deliver the document under the law, the crime value of the property taken does not exceed ₱50,000.
committed is grave coercion.
When the offenders do not carry arms and the value of the
SECTION 2: ROBBERY BY THE USE OF property taken does not exceed ₱50,000, they shall suffer the
FORCE UPON THINGS penalty prescribed in the abovementioned paragraph, in its
minimum period.
If the robbery be committed in one of the dependencies of an

ART. 299 ROBBERY IN AN INHABITED HOUSE OR
inhabited house, public building, or building dedicated to
PUBLIC BUILDING OR EDIFICE DEVOTED TO
WORSHIP religious worship, the penalties next lower in degree than
those prescribed in this article shall be imposed
I. ROBBERY WITH FORCE UPON THINGS

UNDER SUBDIVISION A


D. A door, wardrobe, chest, or any sealed or
closed furniture or receptacle was broken; or
ART. 300 ROBBERY IN AN UNINHABITED PLACE AND E. A closed or sealed receptacle was removed,
BY A BAND even if the same be broken open elsewhere.
(3) With intent to gain, the offender took therefrom
If committed in an uninhabited place and by a band is personal property belonging to another.
punished by the maximum period of the penalty involved,
as distinguished from Qualified Robbery with Violence or “Building”
Intimidation of Persons [Article 295] which is committed in Includes any kind of structure used for storage or
an uninhabited place or by a band. safekeeping of personal property, such as (a) freight car and
(b) warehouse.
ART. 301 WHAT IS AN INHABITED HOUSE, PUBLIC
BUILDING, OR BUILDING DEDICATED TO “Receptacle”
RELIGIOUS WORSHIP AND THEIR DEPENDENCIES A container which must be “closed” or “sealed.”

“Inhabited house” means any shelter, ship, or vessel
If the value of the property taken exceeds ₱50,000, the
constituting the dwelling of one or more persons, even
penalty now imposed is prisión correccional in its medium
though the inhabitants thereof shall temporarily be absent
and maximum. When the value of the property taken does
therefrom when the robbery is committed.
not such amount, the penalty next lower in degree shall be
imposed. In the cases specified in Articles 294, 295, 297, 299,
All interior courts, corrals, warehouses, granaries, barns,
300, and 302 of this Code, when the property taken is mail
coach-houses, stables, or other departments, or inclosed
matter or large cattle, the offender shall suffer the penalties
places contiguous to the building or edifice, having an
next higher in degree than those provided in said articles.
interior entrance connected therewith and which form part
of the whole, shall be deemed dependencies of an inhabited
ART. 303 ROBBERY OF CEREALS, FRUITS, OR
house, public building, or building dedicated to religious
FIREWOOD IN AN UNINHABITED PLACE OR
worship.
BUILDING
Orchards and other lands used for cultivation or production
are not included in the terms of the next preceding In the cases enumerated in Articles 299 and 302, when the
paragraph, even if closed, contiguous to the building, and robbery consists in the taking of cereals, fruits, or firewood,
having direct connection therewith. the culprit shall suffer the penalty next lower in degree than
that prescribed in said articles.
The term "public building" includes every building owned
by the Government or belonging to a private person but “Cereals”
used or rented by the Government, although temporarily Seedlings which are the immediate product of the soil. The
unoccupied by the same. palay must be kepy by the owner as “ssedling” or taken for
that purpose by the robbers.
An inhabited place is one where there are no houses at all, or
a considerable distance from town, or where the houses are ART. 304 POSSESSION OF PUCKLOCKS OR SIMILAR
scattered at a great distance from each other. [U.S. vs. TOOLS
Salgado]
ELEMENTS
Thus, where an inhabited house is located in an uninhabited
place and robbed by at least four (4) armed malefactors the (1) That the offender has in his possession picklocks or
maximum period of the imposable penalty shall be imposed. similar tools;
There should, however, be no force or intimidation (2) That such picklocks or similar tools are specially
employed against any of the persons present during the adopted to the commission of robbery;
robbery otherwise Article 294 is applicable. (3) That the offender does not have lawful cause for such
possession.
ART. 302 ROBBERY IN AN UNINHABITED PLACE OR
IN A PRIVATE BUILDING Mere possession of such tools, without lawful cause, is
punished. If the person who makes such tools is a locksmith,
ELEMENTS the penalty is higher.
(1) Offender entered an uninhabited place or building
which was not a dwelling house, not a public building, ART. 305 FALSE KEYS
or not an edifice devoted to religious worship;
(2) That any of the following circumstances was present: INCLUSIONS
A. Entrance was effected through an opening
not intended for entrance or egress; (1) Tools not mentioned in the next preceding article;
B. A wall, roof, floor, or outside door or (2) Genuine keys stolen from the owner;
window was broken; (3) Any keys other than those intended by the owner for
C. Entrance was effected through the use of use in the lock forcibly opened by the offender.
false keys, picklocks or other similar tools;


When the servant opens his master’s room using a key Shall be considered as an accomplice of the principal
voluntarily delivered to him by the master and takes away offenders and be punished in accordance with the Rules
personal property owned by his master, he is guilty of theft prescribed by the Revised Penal Code.
and not robbery. [U.S. vs. Gernale, 23 Phil 474]
It shall be presumed that the person performing any of the
CHAPTER TWO: BRIGANDAGE acts provided in this article has performed them knowingly,
unless the contrary is proven.
ART. 306 WHO ARE BRIGRANDS – PENALTY

CHAPTER THREE: THEFT
ELEMENTS
(1) There be at least four armed persons; ART. 308 WHO ARE LIABLE FOR THEFT
(2) They formed a band of robbers;
(3) The purpose is any of the following: ELEMENTS
A. To commit robbery in a highway; or
B. To kidnap persons for the purpose of extortion or (1) That there be taking of personal property;
to obtain ransom; or (2) That said property belongs to another;
C. To attain by means of force or violence any other (3) That the taking be done with intent to gain;
purpose (4) That the taking be done without the consent of the
owner;
Purpose: Mere formation is punished as the main object of (5) That the taking be accomplished without the use of
the law is to prevent the formation of band of robbers. violence against or intimidation of persons or force
upon things.
BRIGANDAGE AND ROBBERY BY A BAND
DISTINGUISHED PERSONS LIABLE:
Brigandage [ART. Robbery by a Band
306] [ART. 296] (1) Those who, with intent to gain, without violence
Purpose (1) Commit robbery Commit robbery against or intimidation of persons nor force upon
in a highway; and not necessarily things, take personal property, of another without the
(2) Kidnap to extort in a highway latter’s consent;
or get ransom; (2) Any person who, having found lost property, shall fail
(3) Any other to deliver the same to the local authorities or to its
purpose to be owner;
achieved by
means of force or The following must be proven:
violence A. Time of the seizure of the thing;
B. It was a lost property belonging to another; and
C. That the accused having had the opportunity to
Proof Mere formation of a It is necessary to return or deliver the lost property to its owner or
band is sufficient. prove that the band to the local authorities, refrained from doing so.
actually committed
the robbery. (3) Any person who, after having maliciously damaged the
property of another, shall remove or make use of the
fruits or objects of the damage caused by him; and
ART. 307 AIDING AND AETTING A BAND OF (4) Any person who shall enter an enclosed estate or a field
BRIGANDS where trespass is forbidden, or which belongs to
another and without the consent of its owner, shall
WHO ARE CONSIDERED ACCOMPLICES hunt or fish upon the same or shall gather fruits,
cereals, or other forest or farm products.
Presidential Decree No. 532 or the Anti-Piracy and Anti-
Highway Robbery Law of 1974 provides that any person ELEMENTS
who knowingly and in any manner aids or abets the
commission of highway robbery or brigandage such as - (1) That there is an enclosed estate or a field, where
(1) Giving information about the movement of police trespass is forbidden, or which belongs to another;
or other peace officers of the government; (2) Offender enters the same;
(2) Acquires or receives property taken from such (3) Offender hunts or fishes upon the same or gather
brigands; fruits, cereals or other forest or farm products in
(3) In any manner derives any benefit therefrom; the estate or field; and
(4) Directly or indirectly abets the commission of (4) That the hunting or fishing or gathering of
highway robbery. products is without the consent of the owner.
“LOST PROPERTY”


Embraces loss by stealing or by act of the owner or by a stolen is more ₱600,000 but does not exceed
person other than the owner, or through some casual ₱1,200,000.
occurrence. (3) The penalty of prisión correccional in its minimum
and medium periods, if the value of the property
To establish theft by failure to deliver or return lost property, stolen is more than ₱20,000 but does not exceed
the following must be proven: ₱600,000.
(1) Time of the seizure of the thing; (4) Arresto mayor in its medium period to prisión
(2) It was a lost property belonging to another; and correccional in its minimum period, if the value of
(3) That the accused having had the opportunity to return the property stolen is over ₱5,000 but does not
or deliver the lost property to its owner or to the local exceed ₱20,000.
authorities, refrained from doing so. (5) Arresto mayor to its full extent, if such value is
over ₱500 but does not exceed ₱5,000.
No frustrated theft. The mere possession of the thing, or (6) Arresto mayor in its minimum and medium
even afterwards the offender decided to return it, it is periods, if such value does not exceed ₱500.
already consummated. (7) Arresto menor or a fine not exceeding ₱20,000, if
the theft is committed under the circumstances
INTENT TO GAIN enumerated in paragraph 3 of the next preceding
article and the value of the thing stolen does not
Intent being a state of mind, intent to gain must be presumed exceed ₱500. If such value exceeds said amount,
from the actual taking of personal property. the provisions of any of the five preceding
subdivisions shall be made applicable.
THEFT AND ROBBERY, DISTINGUISHED (8) Arresto menor in its minimum period or a fine of
not exceeding ₱5,000, when the value of the thing
What distinguishes THEFT from ROBBERY is that, in theft, stolen is not over ₱500, and the offender shall have
the offender does not use violence or does not enter a house acted under the impulse of hunger, poverty, or the
or building through any of the means specified in Article 299 difficulty of earning a livelihood for the support of
or Article 302 in taking personal property of another with himself or his family.
intent to gain.
ART. 310 QUALIFIED THEFT
THEFT AND ESTAFA, DISTINGUISHED
If possession was only material or physical, the crime is INSTANCES OF QUALIFIED THEFT:
theft. If possession was juridical, the crime is estafa.
(1) If theft is committed by a domestic servant;
ART. 309 PENALTIES (2) If committed with grave abuse of confidence;
(3) If the property stolen is a motor vehicle, mail matter, or
large cattle;
The basis of the penalty in theft is (4) If the property stolen consists of coconuts taken from
(1) The value of the thing stolen; the premises of plantation;
(2) The value and nature of the property taken; or (5) If the property stolen is fish taken from a fishpond or
(3) The circumstances that impelled the culprit to commit fishery;
the crime (6) If property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or any other calamity,
If there is no evidence of the value of the property stolen, the vehicular accident or civil disturbance.
court should impose the minimum penalty corresponding to
theft involving the value of P5.00. The court may also take If any of the mentioned instances are present, the crime of
judicial notice of its value in the proper cases. theft shall be punished by the penalties next higher by two
degrees than those specified in the next preceding article.
RA 10951 AMENDED ART. 309
The abuse of confidence must be grave. There must be
(1) The penalty of prisión mayor in its minimum and allegation in the information and proof of a relation, by
medium periods, if the value of the thing stolen is reason of dependence, guardianship or vigilance, between
more than ₱1,200,000 but does not exceed the accused and the offended party that has created a high
₱2,200,000; if the value of the thing stolen exceeds degree of confidence between them, which the accused
the latter amount, the penalty shall be prisión abused.
mayor in its maximum period, and 1 year for each
additional ₱1,000,000, but the total of the penalty ART. 311 THEFT OF THE PROPERTY OF THE
which may be imposed shall not exceed 20 years. NATIONAL LIBRARY AND NATIONAL MUSEUM
In such cases, and in connection with the accessory
penalties which may be imposed and for the
purpose of the other provisions of the Code, the RA 10951 amended ART. 311
penalty shall be termed prisión mayor or reclusion Theft of property of the National Museum and National
temporal, as the case may be. Library shall be punished by a penalty of arresto mayor or a
(2) The penalty of prisión correccional in its medium fine ranging from ₱40,000 to ₱100,000, or both, unless a
and maximum periods, if the value of the thing higher penalty should be provided under other provisions of
the Code.


Anti-Cattle Rustling Law of 1974 (PD 533 ) Any person found guilty thereof shall be punished by a fine
from 50 to 100 per centum of the gain which he shall have
“Cattle Rustling” obtained, but not less than ₱15,000. If the value of the gain
The taking away by any means, method or scheme, without cannot be ascertained, a fine from ₱40,000 to ₱100,000 shall
the consent of the owner/raiser, of any of the animals be imposed.
(classified as large cattle) whether for profit or gain, or
whether committed with or without violence against or ART. 313 ALTERING BOUNDARIES OR LANDMARKS
intimidation of any person or force upon things. It includes
the killing of large cattle, or taking its meat without the
ELEMENTS
consent of the owner/raiser.
(1) That there be boundaries marks or monuments of
Anti-Fencing Law (PD 1612)
towns, provinces, or estates, or any other marks
intended to designate the boundaries of the same;
“Fencing”
(2) That the offender alters said boundaries marks
The act of any person who, with intent to gain for himself or
for another, shall buy, receive, possess, keep, acquire,
“Alter” may include: (1) destruction of stone monument; (2)
conceal, sell, or dispose of, or shall buy and sell, or in any
taking it to another place; or (3) removing a fence
other manner deal any article, item, object or anything of
value which he knows, or should be known to him, to have
been derived from the proceeds of the crime of robbery or
The offender shall be punished by arresto menor or a fine
theft.
not exceeding ₱20,000, or both.
Presumption of Fencing
Mere possession of any good, article, item, object, or CHAPTER FIVE: CULPABLE
anything of value which has been the subject of robbery or INSOLVENCY
thievery shall be prima facie evidence of fencing.
ART. 314 FRAUDULENT INSOLVENCY
Any person who fails to secure the required
clearance/permit shall also be punished as a fence.
ELEMENTS
CHAPTER FOUR: USURPATION (1) That the offender is a debtor;

(2) That he absconds with his property;
(3) That there be prejudice to his creditors.
ART. 312 OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN PROPERTY
Art. 315. Swindling (Estafa)
ACTS PUNISHABLE
ELEMENTS IN GENERAL
(1) Taking possession of any real property belonging to
(1) That the accused defrauded another by abuse of
another by means of violence against or intimidation of
confidence, or by means of deceit;
persons
(2) That damage or prejudice capable of pecuniary
(2) Usurping any real rights in property belonging to
estimation is caused to the offended party or third
another by means of violence against or intimidation of
persons
persons
ELEMENTS
I. ESTAFA WITH UNFAITHFULNESS OR ABUSE OF
CONFIDENCE
(1) That the offender takes possession of any real property
or usurps any real right in property;
Elements of 315, No. 1
(2) That the real property or real rights belong to another;
(A): ALTERING SUBSTANCE, QUANTITY OR
(3) That violence against or intimidation of persons is used
QUALITY OF OBJECT SUBJECT OF OBLIGATION TO
by the offender in occupying real property or usurping
DELIVER
real property or usurping real rights in property;
(1) That the offender has an onerous obligation to deliver
(4) That there is intent to gain.
something of value;
(2) That he alters its substance, quantity or quality;
If no violence or intimidation, only civil liability exists.
(3) That damage or prejudice is caused to another.
Violence or intimidation must be the means used in
occupying real property or in usurping real rights.
Elements of 315, No. 1
(B): MISAPPROPRIATION AND CONVERSION
Criminal action for usurpation of real property is not a bar to
(1) That money, goods, or other personal property be
civil action for forcible entry.
received by the offender in trust, or on commission, or
for administration, or under any other obligation


involving the duty to make delivery of, or to return, the (1) That the paper with the signature of the offended
same; party be in blank;
(2) That there be misappropriation or conversion of such (2) That the offended party should have delivered it
money or property by the offender, or denial on his to the offender;
part of such receipt; (3) That above the signature of the offended party a
(3) That such misappropriation or conversion or denial is document is written by the offender without
to the prejudice of another; authority to do so;
(4) That there is demand made by the offended party to the (4) That the document so written creates a liability of,
offender. or causes damage to the offended party or any
third person.
Money, goods, or other personal property must be received
by the offender under certain kinds of transaction II. ESTAFA BY MEANS OF DECEIT
transferring juridical possession to him.
ELEMENTS OF 315, NO. 2
“JURIDICAL POSSESSION” (1) That there must be false pretense, fraudulent act or
fraudulent means;
A possession which gives the transferee a right over the (2) That such false pretense, fraudulent act or
thing which he may invoke even as against the owner. When fraudulent means must be made or executed prior
the delivery of a chattel does not transfer juridical to or simultaneously with the commission of
possession/title, it is presumed that the possession/title of fraud;
the thing remained with the owner. (3) That the offended party must have relied on the
false pretense, fraudulent act, or fraudulent
The phrase “or under any obligation involving the duty to means, that is, he was induced to part with his
make delivery of, or to return the same” includes quasi- money or property because of it;
contracts and certain contracts of bailment. The obligation to (4) That as a result thereof, the offended party
return the thing must be contractual but without transferring suffered damage.
to the accused the ownership of the thing.
The acts must be fraudulent. Acts must be founded on
ESTAFA WITH ABUSE OF CONFIDENCE [ART. 315, NO. deceit, trick, or cheat, and such must be made prior to or
1(B)]AND THEFT DISTINGUISHED simultaneously with the commission of the fraud.
Estafa with abuse of Theft [ART. 308]
confidence [ART. 315, NO. ELEMENTS OF 315, NO. 2 (A): USING OF FICTITIOUS
1(B)] NAME OR FALSE PRETENSES
There must be juridical Only physical/material (1) By using a fictious name;
possession of a thing possession of a thing (2) By falsely pretending to possess power, influence,
misapporiated misappropriated qualifications, property, credit, agency, business or
Offender receives the thing Offender takes the thing imaginary transactions;
from the victim from the victim (3) By means of other similar deceits.
ESTAFA WITH ABUSE OF CONFIDENCE [ART. 315, NO. HOW TO COMMIT 315, NO. 2 (B):
1(B)] AND MALVERSATION [ART. 217] By altering the quality, fineness or weight of anything
DISTINGUISHED pertaining to his business.
Estafa with abuse of Malversation [ART. 217]
confidence [ART. 315, NO. HOW TO COMMIT 315, NO. 2 (C):
1(B)] By pretending to have bribed any Government employee.
Funds or property invoved Funds or property
ELEMENTS OF 315, NO. 2 (D): POSTDATING A CHECK
are private involved are usually public
OR ISSUING A BOUNCING CHECK
Offender is a private Offender is a public officer
individual or public officer who has custody or control
(1) That the offender postdated a check, or issued a
not accountable for public of the public funds or
check in payment of an obligation;
funds or property property by reason of his
(2) That such postdating or issuing a check was done
office for which he was
when the offender had no funds in the bank, or his
accountable
funds deposited therein were not sufficient to
Committed by Committed by taking,
cover the amount of the check.
misappropriating, misappropriating,
converting, or denying consenting or thru
The check must be postdated or for an obligation contracted
having received money or abandonment or
at the time of the issuance and delivery of the check and not
other personal property negligence, permitting
for a pre-existing obligation.
other persons to take the
Exceptions:
public funds or property
(1) When postdated checks are issued and intended
by the parties only as promissory notes; or
(2) When the check is issued by a guarantor
Element of 315, No. 1
(C): Taking advantage of signature in blank


Republic Act No. 4885 (RA 4885) which amended par. D, False pretenses or deceit and
Deceit and damage are
Section 2 of Article 315, provided that the failure of the damage or at least intent to
not elements of the
drawer to deposit the amount needed to cover his check cause damage are essential and
crime; the gravamen of
within 3 days from receipt of notice from the bank and/or the false pretenses must be
the offense is the
the payee or holder that said check has been dishonored for prior to or simultaneous with
issuance of the check.
lack or insufficiency of funds shall be prima facie evidence of the damage caused.
deceit constituting false pretense or fraudulent act. The drawer is given 5
days after receiving
BOUNCING CHECKS LAW (BP 22) notice of dishonor within Given 3 days after receiving
which to pay or make notice of dishonor.
TWO OFFENSES PUNISHED: arrangements for
payments.
(1) Making or drawing and issuing a check knowing at the That there is no funds or no
time of issue that he does not have sufficient funds. That there are no funds
sufficient funds at the time of
or there are insufficient
issuance or at the time of
ELEMENTS funds at the time of
presentment if made within 90
A. That a person draws a check; issuance.
days.
B. That the check is made or drawn and issued to
apply on account or for value; HOW TO COMMIT 315, NO. 2 (E):
C. That the person knows that at the time of issue he
does not have sufficient funds in or credit with the (1) By obtaining food, refreshment or accommodation at
drawee bank for the payment of such check upon any establishment without paying therefor, with intent
its presentment; to defraud the proprietor or manager thereof;
D. That the check is subsequently dishonored by the (2) By obtaining credit at any establishments by the use of
drawee bank for the insufficiency of funds or any false pretense;
would have been dishonored for the same reason (3) By abandoning or surreptitiously removing any part of
had not the drawer, without any valid reason his baggage from any establishment after obtaining
ordered the bank to stop payment. credit, food, refreshment or accommodation therein,
without paying.
(2) Failing to keep sufficient funds to cover check if
presented within a period of 90 days from the date III. ESTAFA BY FRAUDULENT MEANS
appearing thereon.
Elements of 315, No. 3 (A): Inducing another through
ELEMENTS: deceit to sign any document
A. That a person has sufficient funds with the drawee (1) That the offender induced the offended party to
bank when he makes or issues a check; sign a document;
B. That he fails to keep sufficient funds or to (2) The deceit be employed to make him sign the
maintain a credit to cover the full amount if document;
presented within a period of 90 days from the date (3) That the offended party personally signed the
appearing thereon; document;
C. That the check is dishonored. (4) That prejudice be caused.
Prosecution under BP 22 shall be without prejudice to any How to commit 315, No. 3 (B):
liability for any violation in the RPC. By resorting to some fraudulent practice to insure success in
a gambling game.
The fine under BP 22 is based on the amount of the check
and is without regard to the amount of damaged caused. Elements of 315, No. 3 (C): removing, concealing or
destroying any court record, office files, document or any
BP 22 AND ESTAFA [ART 315, NO. 2(D)] other papers
DISTINGUISHED (1) That there be court record, office files, documents
BP 22 RPC (Estafa) or any other papers;
Endorsers who acted with (2) That the offender removed, concealed or
deceit knowing that the check destroyed any of it;
Endorsers are not liable.
is worthless will be criminally (3) That the offender had intent to defraud another.
liable.
Malum prohibitum. Malum in se. Estafa [Art. 315, no .3(C)] and Removal, concealment or
It is the means to obtain the destruction of documents [Art. 226], distinguished
Issuance of check is for valuable consideration from Estafa Infidelity in Custody of
value or on account. the payee (debt is not pre- [Art 315, no.3 C] Document [Art 226]
existing). The offender is a private The offender is a public
A crime against public individual who is not officially officer who is officially
interest because it affects entrusted with the documents. entrusted with the
A crime against property. document.
the entire banking
system.


(1) The penalty of prisión correccional in its from the court or before the cancellation of his bond or
maximum period to prisión mayor in its minimum before being relieved from the obligation contracted by
period, if the amount of the fraud is over him, shall sell, mortgage, or, in any other manner,
₱2,400,000 but does not exceed ₱4,400,000, and if encumber the real property or properties with which he
such amount exceeds the latter sum, the penalty of guaranteed the fulfillment of such obligation.
prisión correccional in its maximum period,
adding one year for each additional ₱2,000,000; ART. 317. SWINDLING A MINOR
but the total penalty which may be imposed shall
not exceed 20 years. In such cases, and in ELEMENTS:
connection with the accessory penalties which
may be imposed and for the purpose of the other (1) That the offender takes advantage of the inexperience
provisions of the Code, the penalty shall be or emotions or feelings of a minor;
termed prisión mayor or reclusion temporal, as the (2) That he induces such minor to assume an obligation, or
case may be. to give release, or to execute a transfer of any property
(2) The penalty of prisión correccional in its minimum right;
and medium periods, if the amount of the fraud is (3) That the consideration is some loan of money, credit, or
over ₱1,200,000 but does not exceed ₱2,400,000. other personal property;
(3) The penalty of arresto mayor in its maximum (4) That the transaction is to the detriment of such minor.
period to prisión correccional in its minimum
period, if such amount is over ₱40,000 but does Actual proof of deceit or misrepresentation is not essential, it
not exceed ₱1,200,000. is sufficient that the offender takes advantage of the
(4) By arresto mayor in its medium and maximum inexperience or emotions of the minor.
periods, if such amount does not exceed ₱40,000.
ART. 318. OTHER DECEITS
In cases of false pretenses or fraudulent acts as defined in
No. 2(D), the following penalty shall be followed:
(1) The penalty of reclusion temporal in its maximum HOW COMMITTED:
period, if the amount of fraud is over ₱4,400,000
but does not exceed ₱8,800,000. If the amount (1) By defrauding or damaging another by any other deceit
exceeds the latter, the penalty shall be reclusion not mentioned in the preceding articles;
perpetua. (2) By interpreting dreams, by making forecasts, by telling
(2) The penalty of reclusion temporal in its minimum fortunes, by taking advantage of the credulity of the
and medium periods, if the amount of the fraud is public in any other similar manner, for profit or gain.
over ₱2,400,000 but does not exceed ₱4,400,000.
(3) The penalty of prisión mayor in its maximum R.A. No. 10951 AMENDED ART. 318
period, if the amount of the fraud is over It was provided that the penalty imposed upon a person
₱1,200,000 but does not exceed ₱2,400,000. who, for profit or gain, shall interpret dreams, make
(4) The penalty of prisión mayor in its medium forecasts, tell fortunes, or take advantage of the credulity of
the public shall be the penalty of arresto mayor or a fine not
period, if such amount is over ₱40,000 but does
exceeding P40,000.00.
not exceed ₱1,200,000.
(5) By prisión mayor in its minimum period, if such
amount does not exceed ₱40,000. CHAPTER SEVEN: CHATTEL
ART. 316. OTHER FORMS OF SWINDLING MORTGAGE
PERSONS LIABLE:
ART. 319. REMOVAL, SALE OR PLEDGE OF
MORTGAGED PROPERTY
(1) Any person who, pretending to be the owner of any
real property, shall convey, sell, encumber or mortgage
the same; ELEMENTS PAR 1:
(2) Any person who, knowing that real property is
encumbered, shall dispose of the same, although such (1) Personal property mortgaged under Chattel Mortgage
encumbrance be not recorded; Law;
(3) The owner of any personal property who shall (2) Offender knows such mortgage;
wrongfully take it from its lawful possessor, to the (3) He removes personal property to any province or city
prejudice of the latter or any third person; other than the one in which it was located at the time of
(4) Any person who, to the prejudice of another, shall the execution of the mortgage;
execute any fictitious contract; (4) Removal is permanent;
(5) Any person who shall accept any compensation given (5) No written consent of mortgagee, executers,
under the belief that it was in payment of services administrators or assigns to such removal.
rendered or labor performed by him, when in fact he
did not actually perfrom such services or labor; PURPOSE: To protect the mortgagee who should have
(6) Any person who, while being a surety in a bond given access to, and easy reach of the property mortgaged.
in criminal or civil action, without express authority


ELEMENTS PAR 2: warehouse.
(1) Personal property pledged under Chattel Mortgage

Law; SPECIAL AGGRAVATING CIRCUMSTANCES IN
(2) Offender, who is the mortgagor, sells or pledges the ARSON:
same property or any part thereof; (1) If committed with intent to gain;
(3) No consent of mortgagee written at the back of (2) If committed for the benefit of another;
mortgage and noted on the record thereof in the Office (3) If the offender be motivated by spite or hatred towards
of the Register of Deeds; the owner or occupant of the property burned;
(4) Damage to the mortgagee not essential. (4) If committed by a syndicate.
CHAPTER EIGHT: ARSON AND OTHER The offense is committed by a syndicate if it is planned or
carried out by a group of three or more persons.
CRIMES INVOLVING DESTRUCTION
If a part of a building is burning, the crime is already
consummated arson, without regard to the extent of the fire.
ARTICLES 320 TO 326-B ARE REPEALED BY PD NO. 1613
(AMENDING THE LAW ON ARSON)
When there is fire, the crime committed is either frustrated
or consummated arson, never attempted. Fire is not
ARSON necessary in attempted arson.
When any person burns or sets fire to the property of Mere conspiracy to commit arson is punishable.
another; or to his own property under circumstances which
expose to danger the life or property of another. DESTRUCTIVE ARSON VS. SIMPLE ARSON
KINDS OF ARSON: The acts committed under Art. 320 of The Revised Penal
Code constituting Destructive Arson are characterized as
(1) Simple Arson (Sec. 1, PD No. 1613) heinous crimes "for being grievous, odious and hateful
(2) Destructive Arson (Art. 320, as amended by RA No. offenses and which, by reason of their inherent or manifest
7659) wickedness, viciousness, atrocity and perversity are
(3) Other cases of arson (Sec. 3, PD No. 1613) repugnant and outrageous to the common standards and
norms of decency and morality in a just, civilized and
DESTRUCTIVE ARSON (ASKED 20 TIMES): ordered society."
(1) Any ammunition factory and other establishment On the other hand, acts committed under PD 1613
where explosives, inflammable or combustible constituting Simple Arson are crimes with a lesser degree of
materials are stored; perversity and viciousness that the law punishes with a
(2) Any archive, museum, whether public or private, or lesser penalty. In other words, Simple Arson contemplates
any edifice devoted to culture, education or social crimes with less significant social, economic, political and
services; national security implications than Destructive Arson.107
(3) Any train, airplane or any aircraft, vessel or watercraft,
or conveyance for transportation of persons or
property; MALICIOUS MISCHIEF
(4) Any church or place of worship or other building
where people usually assemble; The willful damaging of the property of another for the
(5) Any building where evidence is kept for use in any purpose of causing damage due to hate, revenge or the other
legislative, judicial, administrative or other official evil motive.
proceeding;
(6) Any hospital, hotel, dormitory, lodging house, housing CHAPTER NINE: MALICIOUS MISCHIEF
tenement, shopping center, public or private market,
theater or movie house or any similar place or building;
(7) Any building, whether used as dwelling or not,
ART. 327. WHO ARE LIABLE FOR MALICIOUS
situated in a populated or congested area. MISCHIEF
OTHER CASES OF ARSON:
ELEMENTS:
(1) Any building used as offices of the Government or any
of its agencies; (1) That the offender deliberately caused damage to the
(2) Any inhabited house or dwelling; property of another;
(3) Any industrial establishment, shipyard, oil well or mine (2) That such act does not constitute arson or other crimes
shaft, platform or tunnel; involving destruction;
(4) Any plantation, farm, pasture land, growing crop or (3) That the act of damaging another’s property be
grain field, orchard, bamboo grove or forest;
(5) Any rice mill, sugar mill, or mill central;
(6) Any railway or bus station, airport, wharf, or

107 Buebos v. People, G.R. No. 163938.


committed merely for the sake of damaging it.
CHAPTER TEN: EXEMPTING FROM
If malice is not present, the obligation to repair or to pay is
CRIMINAL CRIMINAL AGAINST
only civil.
PROPERTY
ART. 328. SPECIAL CASES OF MALICIOUS MISCHIEF

ART. 332. PERSONS EXEMPT FROM CRIMINAL
LIABILITY
HOW COMMITTED:
(1) Causing damage to or obstructing the performance of

CRIMES INVOLVED:
public functions;
(2) Using poisonous or corrosive substances;
(1) THEFT
(3) Spreading any infection or contagion among cattle;
(2) Swindling (estafa)
(4) Causing damage to the property of the National
(3) Malicious mischief
Museum or National Library, or to any archive or
registry, waterworks, road, promenade, or any other
thing used in common by the public. PERSONS EXEMPTED
Qualified Malicious Mischief or special cases of malicious (1) Spouses, ascendants and descendants, or relatives by
mischief specify the purposes as well as the object of affinity on the same line;
destruction. (2) The widowed spouse with respect to the property
which belonged to the deceased spouse before the same
R.A. No. 10951 AMENDED ART. 328 shall have passed to the possession of another;
(3) Brothers and sisters and brother-in-law and sister-in-
The penalty for the commission of any act under Art. 328 law, if living together.
shall have the corresponding penalties: (1) prision
correccional in its minimum and medium periods, if the The article applies to a step-parents, adopted parents,
value of the damage caused exceeds P200,000.00; (2) arresto natural children, common-law spouses, concubine and
mayor, if such value does not exceed the abovementioned paramour.
amount but is over P40,000.00; (3) arresto menor, if such
value does not exceed P40,000.00. The exemption established by this article shall not be
applicable to strangers participating in the commission of
the crime.
ART. 329. OTHER MISCHIEFS
Mischief not included in the next preceding article. CRIMES AGAINST CHASTITY
Punished according to the value of the damage caused.
Chapter One: Adultery and Concubinage

ART. 330. DAMAGE AND OBSTRUCTION TO MEANS
OF COMMUNICATION Art. 333. Who are guilty of adultery
Art. 334. Concubinage
Chapter Two: Rape And Acts Of Lasciviousness
PERSON LIABLE
Art. 335. When and how rape is committed
Any person who shall damage any railway, telegraph or Art. 336. Acts of lasciviousness
telephone line. Chapter Three: Seduction, Corruption of Minors And
White Slave Trade
QUALIFYING CIRCUMSTANCE Art. 337. Qualified seduction
Art. 338. Simple seduction
The offense is qualified if the damage shall result in the Art. 339. Acts of lasciviousness with the consent of the
derailment of cars, collision or other accident. offended party
Art. 340. Corruption of minors
Art. 341. White slave trade
ART. 331. DESTROYING OR DAMAGING STATUTES, Chapter Four: Abduction
PUBLIC MONUMENTS, OR PAINTINGS Art. 342. Forcible abduction
Art. 343. Consented abduction
Chapter Five: Provisions Relative To The Preceding
PERSONS LIABLE: Chapters Of Title Eleven
Art. 344. Prosecution of the crimes of adultery,
(1) Any person who shall destroy or damage statues or any concubinage, seduction, abduction, rape and acts of
other useful or ornamental public monuments; lasciviousness.
(2) Any person who shall destroy or damage any useful or Art. 345. Civil liability of persons guilty of crimes against
ornamental painting of a public nature. chastity.
Art. 346. Liability of ascendants, guardians, teachers, or


other persons entrusted with the custody of the offended sane.
party. (3) The man may not know that the woman is
married, hence the man is innocent.
CHAPTER ONE: ADULTERY AND (4) The death of the woman during the pendency of
the action cannot defeat the trial and conviction of
CONCUBINAGE the man.
(5) Even if the man had left the country and could not
be apprehended, the woman can be tried and
ART. 333. WHO ARE GUILTY OF ADULTERY
convicted.
(BAR 2002)
EFFECT OF DEATH OF THE PARAMOUR
ELEMENTS:
The death of the paramour will not bar the prosecution
(1) That a woman is married; against the unfaithful wife because the requirement that both
(2) That she has sexual intercourse with a man not her offenders should be included in the complaint is absolute
husband; only when the two offenders are alive.
(3) That as regards to the man with whom she has sexual
intercourse, he must know her to be married. EFFECT OF DEATH OF THE OFFENDED HUSBAND
Gist of the crime: The danger of introducing spurious heirs The law seeks to protect the honor and reputation not only
into the family, where the rights of the real heirs may be of the living but of dead persons as well. But if he DIES
impaired and a man may be charged with the maintenance BEFORE a complaint could be filed, the CASE CANNOT GO
of a family not of his own. The essence of adultery is the ON because no one can sign and file the complaint.
violation of the marital vow.
Express Pardon – applies to concubinage as well.
A woman must be LEGALLY married with the offended
husband at the time of the commission of the crime and at
the time of the filling of the complaint, even if the marriage Art. 344 (PROSECUTION OF CRIMES AGAINST
be subsequently declared void. CHASTITY) REQUIRES:
For the paramour to be guilty of adultery, he must have the (1) That the pardon must come before the institution
knowledge of the married status of the offender woman. of the criminal prosecution;
Nonetheless, a paramour who is a married man, even if he (2) That the offended party must pardon both the
does not know that the woman is married, may be still held offenders.
liable for concubinage.
IS THERE IMPLIED PARDON?
Direct proof of carnal knowledge is not necessary.
Circumstantial evidence is sufficient. (i.e. love letters signed Yes. This happens when an offended husband have sex with
by the paramour, photos showing intimate relations, his unfaithful wife subsequent to the adulterous act of the
testimony of witnesses). latter.
Each sexual intercourse constitutes a crime of adultery Note: The pardon by the husband only extinguishes the
because it is an INSTANTANEOUS crime. Every time a adulterous act committed by the wife before such pardon
married woman has carnal union with her paramour, the has been actually given. Therefore, it has no effect on those
crime of adultery is consummated. Hence, it is not a adulterous acts committed by the wife subsequent to such
CONTINUING offense. pardon.
1st complaint – Paramour was absolved or acquitted on the OTHERS:

ground that he did not know that his codefendant was
married. Abandonment of the wife by the husband without
justification is only a mitigating circumstance.
2nd complaint on the same paramour. The abovementioned
defense shall not be availed of anymore. Will the defense of Under the law, there is no accomplice in adultery, although
DOUBLE JEOPARDY prosper in this case? NO, because that there can be in fact.
would make the paramour remain unpunished for the
second adulterous act he maliciously and deliberately Delay in the filing of complaint, if satisfactorily explained,
committed. does not indicate pardon.
Is the acquittal of one of the defendants operates as a cause A husband who gives consent to his adulterous wife is
for acquittal of the other? No barred from instituting a complaint of adultery.
REASONS: Agreement to separate may also be considered as

(1) There may not be a joint criminal intent, although CONSENT.
there is joint physical act.
(2) One of the parties may be insane and the other


ART. 334. CONCUBINAGE
(BAR 1995, 2002) COHABIT
ELEMENTS: To dwell together, in the manner of husband and wife, for

some period of time, as distinguished from occasional,
(1) That the man must be married; transient interval unlawful intercourse.
(2) That he committed any of the following acts:
A. Keeping a mistress in the conjugal dwelling; SCANDAL
B. Having sexual intercourse under scandalous
circumstances with a woman who is not his Scandal consists in any way reprehensible word or deed that
wife; offends public conscience, redounds to the detriment of the
C. Cohabiting with her in any other place; feelings of honest persons, and gives occasion to the
(3) As regards to the woman, she must know him to be neighbors’ spiritual damage or ruin. 109
married.
SCANDAL PRODUCED BY THE CONCUBINAGE OF
CONCUBINAGE IS COMMITED IN THREE (3) WAYS: THE OFFENDER HUSBAND:
(1) Keeping a mistress in the conjugal dwelling; (1) A husband who is living with a woman not his
(2) Having sexual intercourse under scandalous wife in the same room;
circumstances with a woman who is not his wife; (2) Both are seen in the public together;
(3) Cohabiting with her in any other place. (3) They perform acts in the sight of the community
which give rise to criticism and general protest
Gist of the crime: It is the same as adultery which is a among the neighbors.
violation of marital vows. However, the infidelity of the
husband does not bring into the family spurious offspring HOW TO PROVE SCANDALOUS CIRCUMSTANCES
because it is only a man who can impugn the paternity and
filiation of a child. Testimony of the people living in the vicinity is the best
proof. But when spies are employed, there is no evidence of
In the 3rd way of committing the crime, mere cohabitation is scandalous circumstances.
sufficient; Proof of scandalous circumstances not
necessary.108 OTHERS:
(1) Offense is not a single act of adultery. Each sexual
The concubine becomes liable only when she has knowledge intercourse produces adulterous acts.
that the man who she is having sexual intercourse with is (2) Adultery is more severely punished than
married prior to the actual commission of the crime. concubinage because adultery makes possible the
introduction of another man’s blood into the
A married man is not liable for concubinage for mere sexual family so that the offended husband may have
relations with a woman not his wife if he has not committed another man’s son bearing his (husband’s) name
any of the three acts specified in Art. 334. and receiving support from him.
(3) No concubinage in a case where a married man is
A married man who is not liable for adultery because he did surprised in the act of sexual intercourse with
not know that the woman was married may be held liable another woman (not his wife) in a hotel.
for concubinage. On the other hand, if the woman knows
that the man is married, she may be held liable for
concubinage as well. CHAPTER TWO: RAPE AND ACTS OF
LASCIVIOUSNESS
It is necessary that the woman is taken by the accused into
the conjugal dwelling.
MISTRESS ART. 335. RAPE

Repealed by RA 8353 (Anti-Rape Law of 1997)
It is a woman who is taken by the accused into the conjugal New provisions on Rape are found in Article 226-A to 266-D
dwelling with the intention of treating such woman as a under Crimes Against Person
concubine.
ART. 336. ACTS OF LASCIVIOUSNESS
CONJUGAL DWELLING
(BAR ASKED 7 TIMES)
It the home of the husband and wife even if the wife
happens to be temporarily absent by any reason thereof. ELEMENTS:
Likewise, a house constructed from the proceeds of the sale
of conjugal properties of the spouses, especially where they (1) That the offender commits any act of lasciviousness of
had intended it to be so, is a conjugal dwelling.

109 People v. Santos, et al., 45 O.G. 2116
108 People v. Pitoc, et. al., G.R. No. 18513.


lewdness. No intent to have carnal The acts performed by the
(2) That the act of lasciviousness is committed against a knowledge of the offender clearly indicate
person of either sex. offended woman. that his purpose was to lie
(3) That it is done under any of the following with the offended woman.
circumstances: The lascivious acts are but
A. By using force or intimidation; or the preparatory acts to the
B. When the offended party is deprived of commission of rape.
reason or otherwise unconscious;
C. By means of fraudulent machination or grave ACTS AGAINST CHASTITY [ART. 245] V. ACTS OF
abuse of authority; LASCIVIOUSNESS
D. When the offended party is under 12 years of
Offenses against
age or is demented. Abuses against Chastity
Chastity
Committed by a private Committed by a public officer
LEWD
individual, in most only.
cases.
It is defined, among others, as obscene, lustful, indecent,
Some act of Mere immoral or indecent
lecherous. It signifies the form of immorality which has
lasciviousness should proposal made earnestly and
relation to moral impurity; or that which is carried on a
have been executed. persistently is sufficient.
wanton manner.
Motive of lascivious acts is not important because the Q: A was found guilty under Special Protection of Children
essence of lewdness is in the very act itself. against Abuse, Exploitation and Discriminatory Act by the
RTC. A appealed before the CA on the ground that he is
Example: embarrassing, kissing and holdings girl’s breast is innocent. CA found A guilty of Acts of Lasciviousness.
act of lasciviousness but in some cases, touching of breast of Instead of further appealing the case, A filed before the CA a
a woman is considered unjust vexation only. manifestation with motion to allow him to apply for
probation upon remand of the case to the RTC. Will the
The existence or absence of lewd design is determined from application for probation prosper?
the nature of the acts and the environmental circumstances.
A: No. The Probation Law prohibits an appeal from the
Kissing and embracing when prompted by lust or lewd judgment of conviction, which involves a review of the
design are acts of lasciviousness. merits of the case and the determination of whether the
accused is entitled to acquittal. It is apparent that A
No attempted or frustrated crime of acts of lasciviousness. anchored his appeal on a claim of innocence and/or lack of
sufficient evidence to support his conviction of the offense
If the victim is a child below 18 years of age is exploited in charged support his conviction of the offense charged, which
prostitution or subjected to other sexual abuse, the is clearly inconsistent with the tenor of the Probation Law.
applicable law is RA No. 7610 (An Act for Stronger [Mustapha Dimakuta Maruhom vs. People, 2015]
Deterrence and Special Protection against Child Abuse,
Exploitation and Discrimination, and for other purposes) CHAPTER THREE: SEDUCTION,
ACTS OF LASCIVIOUSNESS V. GRAVE COERCION CORRUPTION OF MINORS, AND WHITE
Acts of Lasciviousness Grave Coercion SLAVE TRADE
Compulsion or force is Compulsion or force is the
included in the very act constituting the
ART. 337. QUALIFIED SEDUCTION
constructive element of offense of grave coercion.
force. (BAR ASKED THRICE)
Must be accompanied by Moral compulsion
acts of lasciviousness or amounting to intimidation
lewdness. is sufficient. TWO CLASSES OF QUALIFIED SEDUCTION
ACTS OF LASCIVIOUSNESS AND ATTEMPTED RAPE (1) Seduction of a virgin over 12 years and under 18 years
DISTINGUISHED of age by persons who abuse their authority or the
Acts of Lasciviousness Attempted rape confidence reposed.
The manner of committing
the crime is the same ELEMENTS:
(intimidation, fraudulent A. Offended party is a virgin, which is presumed if
machinations. she is unmarried and of good reputation;
Offended party is a person B. She is over 12 and under 18 yrs. of age; (13-17
of either sex. years 11 months 29 days)
C. Offender has sexual intercourse with her;
D. There is abuse of authority, confidence, or
relationship on the part of the offender.


(2) Seduction of a sister by her brother or descendant by ELEMENTS:
her ascendant, regardless of her age and reputation.
(Age, reputation and virginity is irrelevant. The (1) That the offended party is over 12 and under 18 years
relationship may not be legitimate.) of age;
(2) That she must be of good reputation, single or widow;
ELEMENTS: (3) That the offender has sexual intercourse with her;
A. Offended party need not be a virgin or she may be (4) That is was committed by means of deceit.
over 18 years old;
B. Offender has sexual intercourse with her; Virginity of offended party is not required but there must be
C. Offender is her brother or ascendant by sexual intercourse.
consanguinity, whether legitimate or illegitimate.
Deceit generally takes the form of unfulfilled promise of
Virginity does not mean physical virginity. The RPC does marriage.
not exclude the idea of abduction of a virtuous woman of
good reputation. Promise of marriage must be the inducement and the
woman must yield because of the promise or other
Virginity is presumed if the woman is unmarried and of inducement.
good reputation.
Promise of marriage after sexual intercourse does not
If there is no sexual intercourse and only acts of lewdness constitute deceit. Promise of marriage by a man is not a
are performed, it is act of lasciviousness.110 deceit, if the woman knew him to be married.
The accused charged with rape cannot be convicted of Without sexual intercourse but only acts of lewdness, the
qualified seduction under the same information. crime is acts of lasciviousness.
Purpose: It is not to punish illicit intercourse, but to punish

OFFENDERS IN QUALIFIED SEDUCTION: the seducer who by means of promise of marriage, destroys
the chastity of an unmarried female of previous chaste
(1) Those who abused their authority character, and who thus draws her aside from the path of
(2) Person in public authority virtue and rectitude an then fails and refuses to fulfill his
(3) Guardian promise.111
(4) Teacher
(5) Person, who in any capacity, is entrusted with the Seduction is not a continuing offense because a woman
education or custody of the woman seduced cannot lose her virginity twice.
THOSE WHO ABUSED CONFIDENCE REPOSED IN

THEM: ART. 339. ACTS OF LASCIVIOUSNESS WITH THE
CONSENT OF THE OFFENDED PARTY
(1) Priest.
(2) House servant.
ELEMENTS:
(3) Domestic.
(1) That the offender commits acts of lasciviousness or
THOSE WHO ABUSED THEIR RELATIONSHIP: lewdness;
(2) That the acts are committed upon a woman who is a
(1) Brother who seduced his sister.
virgin or a widow of good reputation, under 18 years of
(2) Ascendant who seduced his descendant.
age but over 12 years, or a sister or descendant
regardless of her reputation or age;
DOMESTIC (3) That the offender accomplishes the acts by abuse of
authority, confidence, relationship or deceit.
Person usually living under the same roof, pertaining to the
same house.
The offended party may have consented to the acts of
lasciviousness being performed on her persons but the
Deceit is not an element of qualified seduction. It is replaced
consent is obtained by abuse of authority, confidence,
by abuse of confidence. relationship or deceit.
The fact the girl gave consent to the sexual intercourse is not
The penalty when the victim is under 12 years of age is one
a defense.
(1) degree higher than that imposed by law.
ART. 338. SIMPLE SEDUCTION
(BAR ASKED THRICE)

110 Art. 339 111 People v. Iman, G.R. No. 42660.


ART 336 AND 339, DISTINGUISHED
Habitually is not a necessary element of white slave trade.
Both treat of acts of lasciviousness
Art. 336 – Acts of Art. 339 – Acts of CHAPTER FOUR: ABDUCTION
Lasciviousness Lasciviousness with
consent
Acts are committed under Committed under the
circumstances which, had circumstances which, had ART. 342. FORCIBLE ABDUCTION
there been carnal knowledge, there been carnal ELEMENTS:
would amount to rape. knowledge, would amount
to either qualified (1) That the person abducted is a woman;
seduction or simple (2) That the abduction is against her will;
seduction. (3) That the abduction is with lewd design.
Male or female may be the Only female can be the
offended party offended party. ABDUCTION
The taking away of a woman for the purpose of taking her to

ART. 340. CORRUPTION OF MINORS another place with intent to marry or to corrupt her.
Conviction of acts of lasciviousness is not a bar to conviction

The article no longer requires habitually or abuse of
of forcible abduction.
authority or confidence unlike under the original provision.
Thus, Batas Pambansa Blg. 92 provides a more severe
Age and reputation of the victim are immaterial.
penalty in view of wide-spread prostitution of minors in our
country.
The taking must be against the victim’s will.
What the law punishes is the act of a pimp who facilitates
The taking away of the woman may be accomplished by
corruption of the minor and not the the performance of
means of deceit first and then by means of violence and
unchaste acrs.
intimidation.
Age of Victim – Article 402 of the Civil Code provides that
If the female abducted is under 12 years of age, the crime is
“Majority commences upon the attainment of the age of 21
forcible abduction, even if she voluntarily goes with her
years of age”.
abductor.
The offended party must be of good reputation, not a
Sexual intercourse is not necessary in force abduction.
prostitute or corrupted person.
Attempted Rape is absorbed by forcible abduction as the
See: Child Prostitution and Attempt to Commit Child
former constitutes the element of lewd design.
PROSTITUTION (RA NO. 7610):
ART. 343. CONSENTED ABDUCTION
Section 5 states that when a child indulges in sexual
intercourse or lascivious conduct in consideration of money,
profit or due to coercion or influence of any adult or group, ELEMENTS:
the child is already deemed exploited in prostitution and
other sexual abuse. (1) That the offended party must be a virgin;
(2) That she must be over 12 and under 18 years of age;
ART. 341. WHITE SLAVE TRADE (3) That the taking away of the offended party must be
with her consent, after solicitation or cajolery from the
offender;
PROHIBITED ACTS:
(4) That the taking away of the offended party must be
with lewd designs.
(1) Engaging in the business of prostitution;
(2) Profiting by prostitution;
Under this Article, it is not necessary that the young victim
(3) Enlisting the services of women for the purpose of
(a virgin over twelve and under eighteen) be personally
prostitution.
taken from her parent’s home by the accused; it is sufficient
that he was instrumental in her leaving the house. He must
This is a companion provision of Art 340 with the difference
however use solicitation, cajolery or deceit, or honeyed
that the preceding article deals with prostitution of minors
promises of marriage to induce the girl to escape from her
while this provision strikes against prostitution in general. It
home. Actually, the purpose of the law is not to punish the
is said that prostitution indignities human personality,
wrong done to her, because she consented thereto but to
promotes immoralities and weakens the moral fiber of the
prescribe punishment for the disgrace of her family and the
nation.
alarm caused to the parents by the disgrace of a beloved one
The mere enlisting of the services of women for the purpose
of prostitution whether the offender profits or not is
punishable.


who by her age or sex, is susceptible to deceit, cajolery and ART. 344. PROSECUTION OF THE CRIMES OF
even perdition. 112 ADULTERY, CONCUBINAGE, SEDUCTION,
ABDUCTION, RAPE AND ACTS OF LASCIVIOUSNESS
The virginity mentioned in this Article should not be
understood in its material sense and does not exclude the Nature of the complaint: The complaint must be filed in
idea of abduction of a virtuous woman of good reputation court, not with the fiscal. In case of complex crimes, where
because the essence of the offense is not the wrong done to
one of the component offenses is a public crime, the criminal
the woman but the outrage to the family and the alarm
prosecution may be instituted by the fiscal.
produced in it by the disappearance of one of its members113.
The court motu propio can dismiss the case for failure of the
The taking of the offended party need not have the character aggrieved party to file the proper complaint even if the
of permanency. No matter how short is the taking away, the accused never raised the question on appeal.
crime exists.
Crimes against chastity cannot be prosecuted de oficio.
If a girl is under 12, always FORCIBLE ABDUCTION.
PROSECUTION OF THE CRIMES OF ADULTERY AND
CRIMES AGAINST CHASTITY WHERE AGE AND CONCUBINAGE.
REPUTATION OF THE VICTIM ARE IMMATERIAL:
Who may file: both crimes must be prosecuted upon
(1) Acts of lasciviousness against the will of the
complaint signed by the offended spouse. Both the offender
offended party; or against a sister or descendant; and the paramour/mistress must be included in the
(2) Qualified seduction of sister or descendant; complaint even if one of them is not guilty.
(3) Forcible abduction
Prosecution of seduction, abduction and acts of
Q: When is there forcible abduction only, or rape only?
lasciviousness must be prosecuted upon the complaint
signed by -
A: If there was abduction but the resistance of the woman to ● Offended party,
the alleged rape was not tenacious (not easily stopped: firm
● Her parents,
or strong), so can easily be stopped, the accused would be
● Grandparents, or
guilty only of abduction [People v. Lopez, C.A., 41 O.G. 1310].
● Guardians In the order named above
It is Rape if the main objective was to have carnal knowledge
the victim taking into consideration the facts [People v.
Toledo, 83 Phil. 777]. When the offended is a minor or incapacitated and refuses to
file the complaint, any of the persons mentioned could file.
Q: Can there be Forcible Abduction with Multiple counts of
rape? The term “guardian” refers to legal guardian. He must be
legally appointed by the Court.
A: There can only be one (1) complex crime of forcible
abduction with rape. The crime of forcible abduction was The State may also file the complaint as parens patriae when
only necessary for the FIRST RAPE. Thus, the subsequent the offended party dies or becomes incapacitated before she
acts of rape can no longer be considered as separate complex could file the complaint and has no known parents,
crimes of forcible abduction with rape. They should be grandparents or guardians.
detached from and considered independently of forcible
abduction. Therefore, accused should be convicted of ONE CONSENT AND PARDON IN ADULTERY AND
COMPLEX CRIME of forcible abduction with rape and three CONCUBINAGE
separate acts of rape [People v. Garcia, et. al., G.R. No.: 41125]. Consent or pardon may be express or implied. It bars the
offended party from filing a complaint. However,
Q: The accused, who previously made an attempt upon the condonation or forgiveness of one act of adultery or
chastity of the offended girl, tried to take her away in concubinage is not a bar to prosecution of similar acts that
carriage, while she was standing at the door of her house. may be committed by the offender in the future.
The accused did not succeed in taking away of the girl
because of the girl’s resistance and because of the PARDON IN SEDUCTION, ABDUCTION, OR ACTS OF
intervention of a policeman. What crime was committed? LASCIVIOUSNESS
● Express pardon of the offender is required to bar
A: The offense was attempted abduction. The lewd designs prosecution.
were indicated by the holding of the girl around her waist
and by the attempt of the accused upon the chastity of the Condonation is not pardon in concubinage or adultery
girl [US v. Luna, 4 Phil. 269]. because any subsequent act of the offender showing that
there was no repentance will not bar the prosecution of the
offense.
Pardon by the offended party who is a minor must have the

concurrence of parents, except when the offended party has
no parents.
112 U.S. vs. Reyes, 20 Phil 510.
113 Valdepeñas v. People, 16 SCRA 871.


Offended party cannot institute criminal proceedings if the CHAPTER ONE: SIMULATION OF
offender has been EXPRESSLY pardoned by the offended
BIRTHS AND USURPATION OF CIVIL
party, or her parents, grandparents or guardian.
STATUS
Pardon by the parent, grandparent, or guardian must be
accompanied by the express pardon of the offended woman.
ART. 347. SIMULATION OF BIRTHS, SUBSTITUTION
The right to file action of the parents, grandparents and OF ONE CHILD FOR ANOTHER, AND CONCEALMENT
guardian shall be EXCLUSIVE of other persons and shall be OR ABANDONMENT OF A LEGITIMATE CHILD (BAR
exercised successively in the order provided. 2002)
General rule: Marriage of the offender with the offended The object of the crime under this article is the creation of
party benefits the co-principals, accomplices and accessories. false or the causing of the loss of civil status.
Exception: In rape THERE ARE THREE (3) ACTS PUNISHABLE UNDER

Because it is already a crime against person; marriage THIS ARTICLE:
obliterates criminal liability as to the husband only.
(1) Simulation of birth.
(2) Substitution of one child for another.
ART. 345. CIVIL LIABILITY OF PERSONS GUILTY OF (3) Concealing or abandoning any legitimate child with
CRIMES AGAINST CHASTITY intent to cause such child to lose its civil status.
PERSONS WHO ARE GUILTY OF RAPE, SEDUCTION, ART. 348. USURPATION OF CIVIL STATUS
OR ABDUCTION SHALL ALSO BE SENTENCED:
Usurping the civil status of another is committed by
● To indemnify the offended woman. assuming the filiations or the parental or conjugal rights of
● To acknowledge the offspring, unless the law another with intent to enjoy the rights arising from the civil
should prevent him from doing so. status of the latter.
● In every case, to support the offspring.
Crime is qualified if the purpose is to defraud offended
parties and heirs.
ART. 346. LIABILITY OF ASCENDANTS, GUARDIANS,
TEACHERS, OR OTHER PERSONS ENTRUSTED WITH There must be intent to enjoy the rights arising from the civil
THE CUSTODY OF THE OFFENDED PARTY status of another.
Person who cooperate as accomplices but are punished as ART. 349. BIGAMY
principals in the Crimes against Chastity (except in adultery (BAR 1994, 1996, 2004)
and concubinage where there can be an accomplices or
accessories): Ascendants, Guardians, Curators, teachers, any
person, who cooperates as accomplice with abuse of ELEMENTS:
authority or confidential relationship. (1) That the offender is legally married.
(2) That the marriage has not been dissolved or, in case the
spouse is absent, the absent spouse could not yet be
CRIMES AGAINST THE CIVIL STATUS
presumed dead according to the Civil Code.
OF A PERSON (3) That he contracts a second marriage or subsequent
marriage.
(4) That the second or subsequent marriage has all the
Chapter One: Simulation Of Births And Usurpation Of essential requisites for validity.
Civil Status
Art. 347. Simulation of births, substitution of one child for The offender must be legally married at the time of the
another and concealment or abandonment of a legitimate commission of the crime. The subsequent declaration of the
child first marriage’s nullity or its being void shall not bar the
Art. 348. Usurpation of civil status filing of a complaint against the second marriage for being
Chapter Two: Illegal Marriages bigamous.
Art. 349. Bigamy
Art. 350. Marriage contracted against provisions of laws In case, one of the spouses is absent and the other contracts a
Art. 351. Premature marriages subsequent marriage, the latter may be held liable for the
Art. 352. Performance of illegal marriage ceremony crime of bigamy. To avoid any criminal liability, the
surviving spouse must first secure a judicial declaration of
the presumptive death of the absent spouse before he can
legally get married.
Good faith is not a defense in bigamy.


When a marriage between a Filipino citizen and a foreigner PERSONS LIABLE:
is validly celebrated and a divorce is thereafter validly
obtained abroad by the alien spouse capacitating him or her (1) A widow who married within 301 days from the date of
to remarry, the Filipino spouse shall likewise have capacity the death of her husband, or before having delivered if
to remarry under Philippine law. (Art. 26, par.2, Family she is pregnant at the time of his death is liable under
Code) this article.
(2) A woman whose marriage having been annulled or
The second spouse who knew of the first marriage is an dissolved, married before delivery or before expiration
accomplice, as well as the person who vouched for the of the period of 301 days after the date of legal
capacity of either of the contracting parties. separation.
Failure to exercise due diligence to ascertain the The Supreme Court considered the reason behind making
whereabouts of the first wife is bigamy through reckless such marriages within 301 days criminal, that is, because of
imprudence. the probability that there might be a confusion regarding the
paternity of the child who would be born.
One convicted of bigamy may also be prosecuted for
concubinage as both are distinct offenses. The first is an Period may be disregarded if the first husband was impotent
offense against civil status, which may be prosecuted at the or sterile.
instance of the state; the second is an offense against chastity
and may be prosecuted only at the instance of the offended SEE R.A. No. 10655
party. The second spouse is not necessarily liable for bigamy.
This law has no longer force and effect as it has been already
Bigamy is not a private crime. repealed by RA 10655 signed by former Pres. Benigno
Aquino III on 13 March 2015. The law reads: “Without
Q: H, a married man, contacted a second marriage. His first prejudice to the provisions of the Family Code on paternity
wife came to know of the second marriage and filed a case and filiation, Article 351 of the Revised Penal Code,
for bigamy against H and the second wife. If you are the punishing the crime of premature marriage committed by a
judge, how would you rule? woman, is hereby repealed.”
A: Only H is guilty of Bigamy. He contracted a second ART. 352. PERFORMANCE OF ILLEGAL MARRIAGE
marriage despite the existence of his first marriage. CEREMONY
The second wife cannot be guilty of Bigamy because she was
only married once. If she knew that H was married, then the Priests or a minister of any religious denomination or sect, or
knowledge of the second wife of the fact of her spouse's
civil authorities who shall perform or authorize any legal
existing prior marriage constitutes an indispensable
marriage ceremony is liable.
cooperation in the commission of bigamy, which makes her
responsible as an accomplice. [Santiago v. People, GR No.
Q: Differentiate Bigamy from Illegal Marriage.
200233, 2015] If she did not know, then she would not be A:
criminally liable.
Bigamy Illegal Marriage
Elements: Elements:
CHAPTER TWO: ILLEGAL MARRIAGES 1. That the offender has been 1. That the offender
legally married; contracted marriage;
ART. 350. MARRIAGE CONTRACTED AGAINST 2. That the marriage has not 2. That he entered into said
PROVISIONS OF LAWS been legally dissolved or in contract with knowledge
case his/her spouse is that the requirements of the
absent, the absent spouse law have not been complied
ELEMENTS: could not yet be presumed with or that the marriage is
dead according to the Civil in disregard of a legal
(1) That the offender contracted marriage. Code; impediment; and
(2) That he knew at the time that - 3. That he contracts a second 3. That the act of the offender
A. the requirements of the law were not or subsequent marriage; and does not
complied with; or That the second or constitute bigamy under
B. The marriage was in disregard of a legal subsequent marriage has all Article 349 [People v. Salazar];
impediment. the essential requisites for
validity.
Q: Are Premature Marriages still criminalized?
If either of the contracting parties obtains the consent of the
other by means of violence, intimidation or fraud. A: No. it has been repealed. It is no longer a crime when a
widower marries within 301 days from the date of the
ART. 351. PREMATURE MARRIAGES
husband’s death, or before having delivered a baby, if
pregnant at the time. [RA 10655]


CRIMES AGAINST HONOR TEST OF DEFAMATORY CHARACTER OF THE WORDS
USED
Chapter One: Libel Words used are construed in their entirety and taken in their
Section 1: Definitions, forms, and punishment of this plain, natural and ordinary meaning as they would naturally
crime be understood by persons reading them, unless it appears
Art. 353. Definition of libel that they were used and understood in another sense.
Art. 354. Requirement for publicity
Art. 355. Libel means by writings or similar means The meaning of the writer is immaterial. It is not the intent of
Art. 356. Threatening to publish and offer to present such the writer or the speaker which the actionable quality of the
publication for a compensation words is to be determined, but the meaning of the words in
Art. 357. Prohibited publication of acts referred to in the fact conveyed on the minds of persons of reasonable
course of official proceedings understanding.
Art. 358. Slander
Art. 359. Slander by deed TWO TYPES OF MALICE:
Section 2: General provisions
(1) Malice in Fact
Art. 360. Persons responsible
• Shown by proof of ill-will, hatred, or purpose
Art. 361. Proof of the truth
to injure; also known as express malice.
Art. 362. Libelous remarks
Chapter Two: Incriminatory Machinations (2) Malice in Law
Art. 363. Incriminating innocent person • Presumed from defamatory imputation;
Art. 364. Intriguing against honor proof is not required because it is presumed
to exist from the defamatory imputation.
CHAPTER ONE: LIBEL
When the communication is privileged, malice is not
presumed from the defamatory words.
SECTION 1: DEFINITION, FORMS, AND
Defamatory remarks directed at group of persons is not
PUNISHMENT OF THIS CRIME actionable unless the statements are all embracing or
sufficiently specific for the victim to be identifiable.
ART. 353. DEFINITION OF LIBEL Libel publication in different parts may be taken together to
(BAR 2002, 2003, 2005) establish the identification of the offended party.
An imputation will be sufficient if it tends to cause –

ELEMENTS:
A. The dishonor,
B. Discredit, or
(1) That there must be an imputation of a crime, or a vice
C. Contempt of a natural or juridical person, or
or defect, real or imaginary, or any act, omission,
D. To blacken the memory of one who is dead.
condition, status or circumstance;
(2) That the imputation must be made publicly;
If the utterance is made but once against a family of lawyers,
(3) That it must be malicious;
designated by their common surname, not separately
(4) That the imputation must be directed at a natural
mentioned, there is only one offense.
person or a juridical person, or one who is dead;
(5) That the imputation must tend to cause the dishonor,
Q: Who are the persons liable for libel?
discredit, or contempt of the person defamed.
A:
There must be a defamatory imputation
(1) The person who publishes, exhibits or causes the
publication or exhibition of any defamation in writing
THE IMPUTATION MAY COVER:
or similar means;
(2) The author or editor of a book or pamphlet;
(1) Crime allegedly committed by the offended party;
(3) The editor or business manager of a daily newspaper,
(2) Vice or defect, real or imaginary, of the offended party;
magazine or serial publication;
(3) Any act, omission, condition, status of, or
(4) The owner of the printing plant which publishes a
circumstances relating to the offended party.
libelous article with his consent and all other persons
who in any way participate in or have connection with
RATIONALE
its publication.
The enjoyment of a private reputation is a constitutional
Q: Who shall be liable for defamation under the Revised
right.
Penal Code?
Libel can be committed against a natural or juridical person
A: Not only is the person who published, exhibited or
or one who is dead.
caused the publication or exhibition of any defamation in
writing shall be responsible for the same, all other persons


who participated in its publication are liable, including the It is not actionable, even if its author has acted in bad
editor or business manager of a daily newspaper, magazine faith. It is limited to legislative and judicial proceedings
or serial publication, who shall be equally responsible for the and other acts of state, including the communications
defamations contained therein to the same extent as if he made in the discharge of a duty under express
were the author thereof. The liability which attaches to authority of law, by or to heads of executive
petitioners is, thus, statutory in nature. (Bautista vs. Cuneta- departments of the state, and matters involving military
Pangilinan, 2012) affairs.
Q: When may “truth” be a defense in libel case? (2) Conditional or qualified
A: Under Article 361 of the Revised Penal Code, if the Although containing defamatory imputations, it would
defamatory statement is made against a public official with not be actionable unless made with malice or bad faith.
respect to the discharge of his official duties and functions
and the truth of the allegation is shown, the accused will be REQUISITES OF PRIVILEGED COMMUNICATION
entitled to an acquittal even though he does not prove that UNDER ART 354, PAR 1:
the imputation was published with good motives and for
justifiable ends. [Vasquez vs. Court of Appeals, 314 SCRA 460, (1) That the person who made the communication had a
G.R. No. 118971 September 15, 1999] legal, moral or social duty to make the communication,
or, at least, he had an interest to be upheld;
The test is the “reckless disregard” test and Tulfo failed to (2) That the communication is addressed to an officer or a
meet the test. In this test, what is important is to determine board, or superior, having some interest or duty in the
whether the defamatory statement was made with actual matter;
malice, that is, with knowledge that it was false or with (3) That the statements in the communication are med in
reckless disregard of whether it was false or not. The trial good faith without malice (in fact).
court found that Tulfo had in fact written and published the
subject articles with reckless disregard of whether the same Unnecessary publicity destroys good faith.
were false or not. There was the finding that Tulfo failed to
verify the information on which he based his writings, and The privileged character simply does away with the
that the defense presented no evidence to show that the presumption of malice. It does not mean that it is not
accusations against Atty. So were true. Tulfo cannot argue actionable.
that because he did not know Atty. So personally there was
no malice attendant in his articles114. TO OVERCOME THE DEFENSE OF PRIVILEGED
COMMUNICATION UNDER ART 354, PAR 1:
ART. 354. REQUIREMENT OF PUBLICITY (1) Show that the defendant acted with malice in fact, or;
(2) There is no reasonable ground for believing the charge
Malice in law. Every defamatory imputation is presumed to
to be true.
be malicious, even if it be true, if no good intention or
justifiable motive is shown
FAIR AND TRUE REPORT OF OFFICIAL PROCEEDINGS
UNDER ART 354, PAR 2.
THE PRESUMPTION IS REBUTTED IF IT IS SHOWN BY
THE ACCUSED THAT:
Conditions for it to be considered privileged:
(1) The defamatory imputation is true, in case the law
allows proof of the truth of the imputation. (1) That is fair and true report of a judicial, legislative, or
other official proceedings which are not of confidential
(2) It is published with good intention.
nature, or of a statement, report or speech delivered in
(3) There is justifiable motive for making it.
said proceedings, or of any other act performed by a
MALICE IS NOT PRESUMED IN THE FOLLOWING public officer in the exercise of his functions;
CASES: (2) It is made in good faith without any comments or
remarks.
(1) Private communication made by any person to another
The defense of privileged communication will be rejected if
in the performance of any legal, moral or social duty.
it can be proven that the defendant acted with malice in fact
(2) A fair and true report of any judicial, legislative, or
other proceedings which are not of confidential nature. or if there is no reasonable ground for believing that charge
(3) Or of any statement, report or speech delivered in said to be true.
DOCTRINE OF FAIR COMMENT
proceedings, or of any other act performed by pubic
officers in the exercise of their functions.
While in general, every discreditable imputation publicly
KINDS OF PRIVILEGED COMMUNICATIONS made is deemed false, it is not necessarily actionable. To be
actionable, it must either be a false allegation of fact or a
comment based on a false supposition. If the comment is an
(1) Absolute
expression of opinion, based on established facts, then it is
immaterial that the opinion happens to be mistaken, as long
as it might reasonably have inferred from the facts.
114 Tulfo v. People, G.R. No. 161032


Q: Is a communication made out legal, moral, or social duty, Jr. et al. vs. The Secretary of Justice et al., G.R. No. 203335,
when it was published and circulated among the public, February 11, 2014]
covered by qualified or conditional privileged
communication? ANTI-WIRE TAPPING ACT (RA 4200)
A: No, communication made out of legal, moral, or social Unlawful acts by any person or participant, not authorized
duty, when it was published and circulated among the by all the parties to any private communication or spoken
public, is not covered by qualified or conditional privileged word:
communication. (1) To tap any wire or cable;
(2) To use any other devise or arrangement;
The law requires that for a defamatory imputation made out (3) To secretly overhear, intercept or record such
of a legal, moral or social duty to be privileged, such communication by using a device known as
statement must be communicated only to the person or Dictaphone/dictograph/detectaphone/ walkie-
persons who have some interest or duty in the matter talkie/tape-recorder;
alleged, and who have the power to furnish the protection (4) To knowingly possess any tape/wire or disc record or
sought by the author of the statement. Thus, a written letter copies of any communication or spoken word;
containing libelous matter cannot be classified as privileged (5) To replay the same for any person/s;
when it is published and circulated among the public. (6) To communicate the contents thereof, verbally or in
[Buatis, Jr. v. People of the Philippines, G.R. No. 142509, March writing;
24, 2006] (7) To furnish transcriptions thereof, whether complete or
partial;
Republic Act No. 10175 or the Cybercrime Prevention Act of
2012 is the first law in the Philippines which specifically Exception: When a peace officer is authorized by written
criminalizes computer crime with the purpose to address order from the court.
legal issues concerning internet in the Philippines; and to
prevent misuse, abuse and illegal access of the internet. Any recording, communication or spoken word obtained in
violation of the provisions of this act is inadmissible in
SEC. 4 - THE FOLLOWING ARE THE CYBERCRIME evidence in any judicial, quasi-judicial or administrative
OFFENSES hearing or investigation.
Offenses against the confidentiality, integrity and

availability of computer data and systems, include, among ART. 355. LIBEL BY MEANS OF WRITINGS OR
others: SIMILAR MEANS
(1) Illegal Access, Illegal Interception, Data Interference, COMMITTED BY MEANS OF:
System Interference, Misuse of Devices, Cyber- (1) Writing;
Squatting; (2) Printing;
(2) Computer-related Offenses; (3) Lithography;
(3) Forgery, Fraud, Identity Theft; (4) Engraving;
(4) Content-related Offenses; (5) Radio;
(6) Phonograph;
(5) Cybersex, Child Pornography (an offense under R.A.
no. 9779), Unsolicited Commercial Communications. (7) Painting;
(8) Theatrical exhibition;
SEC. 6. All crimes defined and penalized by the Revised (9) Cinematographic exhibitions or;
Penal Code, as amended, and special laws, if committed by, (10) Similar means.
through and with the use of information and
communications technologies shall be covered by the Defamation made in television program is libel. While
relevant provisions of this Act. television is not expressly mentioned among the means
specified in law, it easily qualifies under the general
THE FOLLOWING ARE UNCONSTITUTIONAL: provision “or any similar means”.
The High Court struck down the following provisions of the Defamation through amplifier is not libel, but oral
Cybercrime Prevention Act that give the state the power to defamation.
take down online content without a court warrant. These
are: A civil action for damages may be filed simultaneously or
separately with the criminal action.
Q: May a person who liked or commented a Facebook post
be liable for libel under Cybercrime Prevention Act of 2012? Art 355 provides for the penalty for libel. Nonetheless, fine is
the preferred penalty in libel cases.
A: As distinguished from libel punishable under RPC, it
should be noted that the person who may be held criminally
liable for “cyberlibel” is only the author of the defamatory
imputation, not those who may have “liked” or
“commented” on or even shared a post. [Jose Jesus M. Disini


ADMINISTRATIVE CIRCULAR NO. 08-2008 (SUBJECT: who threatens another to publish a libel concerning him or
GUIDELINES IN THE OBSERVANCE OF A RULE OF the aprents, spouse, child, or other member og the family of
PREFERENCE IN THE IMPOSITION OF PENALTIES IN the latter.
LIBEL CASES)
Article 355 of the Revised Penal Code penalizes libel with ART. 357. PROHIBITED PUBLICATION OF ACTS
prision correctional in its minimum and medium periods or REFERRED TO IN THE COURSE OF OFFICIAL
fine ranging from 200 to 6,000 pesos, or both, in addition to PROCEEDINGS
the civil action which may be brought by the offended party.
ELEMENTS:
This Administrative Circular does not remove imprisonment
as an alternative penalty for the crime libel under Article 355 (1) The offender is a reporter, editor or manager of a
of the Revised Penal Code; newspaper, daily or magazine.
(2) He publishes facts connected with the private life of
The Judges concerned may, in the exercise of sound another.
discretion, and taking into consideration the peculiar (3) Such facts are offensive to the honor, virtue and
circumstances of each case, determine whether the reputation of said person.
imposition of a fine alone would best serve the interests of
justice or whether forbearing to impose imprisonment “GAG LAW”
would depreciate the seriousness of the offense, work
violence on the social order, or otherwise be contrary to the The provisions of article 357 is what so-called the “Gag
imperative of justice; Law”.
Should only a fine be imposed and the accused be unable to Newspaper reports on cases pertaining to adultery, divorce,
pay the fine, there is no legal obstacle to the application of issues about the legitimacy of children, etc., will necessarily
the Revised Penal Code provision on subsidiary be barred from publication.
imprisonment.
This article requires two things to constitute a violation of
R.A. No. 10951 AMENDED ART. 355 the prohibition:
(1) That the article published contains facts connected
The penalty imposed upon a person held guilty of libel shall with the private life of an individual; and
be by prision correccional in its minimum and medium (2) That such facts are offensive to the honor, virtue
periods or a fine ranging from P40,000.00 to P1,2000,000.00, and reputation of said person.
or both, in addition to the civil action which may be brought
by the offended party. Source of news report may not be revealed unless the court
or a House or Committee of Congress finds that such
revelation is demanded by the security of the State.
ART. 356. THREATENING TO PUNISH AND OFFER TO
PRESENT SUCH PUBLICATION FOR A
COMPENSATION ART. 358. SLANDER (BAR 1988, 1996)
PROHIBITED ACTS: SLANDER
(1) Threatening another to publish a libel concerning Oral defamation; Libel committed by oral (spoken) means,
him, or his parents, spouse, child or other instead of in writing; the speaking of base and defamatory
members of the family. words which tend to prejudice another in his reputation,
(2) Offering to prevent the publication of such libel office, trade, business or means of livelihood.115
for compensation or money consideration
KINDS OF SLANDER:
Felonies where blackmail is Possible: Light threats (Article (1) Simple slander;
283) (2) Grave slander, when it is of a serious and insulting
nature.
Threatening to publish, offering to prevent the publication of
a libel for compensation. FACTORS THAT DETERMINE THE GRAVITY OF ORAL
DEFAMATION:
BLACKMAIL
● Upon expressions used
Any unlawful extortion of money by threats of accusation or ● On the personal relations of the accused and the
exposure. Two words are expressive of the crime—hash offended party.
money. [U.S. v. Eguia, et al., 38 Phil 857] ● Circumstances surrounding the case.116
● Social standing and the position of the offended
R.A. No. 10951 AMENDED ART. 356

The penalty shall be arresto mayor or a fine from P40,000.00 115 Villanueva v. People, G.R. No. 160351.
to P400,000.00, or both, shall be imposed upon any person 116 People v. Jaring.


party.117 ART. 360. PERSONS RESPONSIBLE
● The slander need not be heard by the offended party.118
PERSONS LIABLE:
ELEMENTS:
(1) Any person who shall publish, exhibit or cause the
(1) There must be an imputation of a crime, or a vice or publication or exhibit of any defamation in writing or
defect, real or imaginary, or any act, omission,
by similar means;
condition, status or circumstances; (2) The author, editor of the book or pamphlet;
(2) Imputation must be made publicly; (3) The editor or business manager of newspaper or
(3) Imputation must be malicious; magazine, responsible to the same extent as if he were
(4) Imputation must be directed at a natural or juridical the author;
person, or one who is already dead;
(4) Owner of the printing plant which publishes the
(5) Imputation must tend to cause the dishonor, discredit
libelous article and all persons who in any way
or contempt of the person defamed.119; participated in or have connection with its publication;
The imputation of course, must be verbally made or
orally uttered. Liability of the editor is the same as that of the author.
ART. 359. SLANDER BY DEED
ART. 361. PROOF OF THE TRUTH
SLANDER BY DEED
WHEN PROOF OF TRUTH IS ADMISSIBLE:
A crime against honor which is committed by performing
any acts which cast, dishonor, discredit, or contempt upon (1) When the act or omission imputed constitutes a crime
another person. regardless whether the offended party is a private
individual or a public officer.
ELEMENTS: (2) When the offended party is a government employee,
even if the imputation does not constitute a crime,
(1) That the offender performs any act not included in any provided it is related to the discharge of his official
other crime against honor; duties.
(2) That such act is performed in the presence of other
persons; REQUISITES OF DEFENSE IN DEFAMATION:
(3) That such act cast dishonor, discredit, or contempt
upon the offended party. (1) If it appears that the matters charged as libelous is true;
(2) It was published with good motives;
KINDS OF SLANDER BY DEED: (3) If it is for a justifiable end;
(4) If the act or omission constituting a crime; and
(1) Simple slander by deed; (5) If the act or omission of a public officer which, although
(2) Grave slander by deed. not constituting a crime, is related to the discharge of
his duties.
Slander by deed refers to performance of an act, not use of
words. Common element of slander by deed and unjust Good motives and justifiable ends constitute a defense
vexation is irritation or annoyance. Without any other insofar as they negative malice. There is no libel if there is no
concurring factor, it is only unjust vexation. malice.
If the purpose is to shame or humiliate, Slander by deed. Retraction may mitigate the damages. It should contain an
admission of the falsity of the libelous publication and
If with lewd designs and circumstances provided in art 335, evince a desire to repair the wrong occasioned thereby.
the crime would be acts of lasciviousness.120
The publication of the article was an honest mistake is not a
The nature and effects of the maltreatment determine the complete defense but serves only to mitigate damages where
crime committed. the article is libelous per se.
If the offended party suffered from shame or humiliation ART. 362. LIBELOUS REMARKS
cause by the maltreatment, it is slander by deed.
Libelous remarks or comments connected with the matter
SECTION 2: GENERAL PROVISIONS privileged under the provisions of Article 354, if made with
malice, shall not exempt the author thereof nor the editor or
managing editor of a newspaper from criminal liability.

117 People v. Boiser.
118 People v. Clarin; People v Atencio.
119 People v. Maratas, 21284-CR, April 11, 1980.
120 People v. Motita.


CHAPTER TWO: INCRIMINATORY HOW IT IS COMMITTED
MACHINATIONS
It is committed by any person who shall make any intrigue
which has for its principal purpose to blemish the honor or
reputation of another.
ART. 363. INCRIMINATING INNOCENT PERSON
INTRIGUING AGAINST HONOR
ELEMENTS:
Any scheme or plot by means which consist of some
(1) That the offender performs an act; trickery. It is akin to slander by deed, in that the offender
(2) That by such act he directly incriminates or imputes to does not avail directly of written or spoken words, pictures
an innocent person the commission of a crime; or caricatures to ridicule his victim but of some ingenious,
(3) That such act does not constitute perjury. crafty and secret plot, producing the same effect.
Limited to acts of planting evidence and the like, which do INCRIMINATING AN INNOCENT PERSON AND
not in themselves constitute false prosecution but tend INTRIGUING AGAINST HONOR, DISTINGUISHED
directly to cause false prosecution.121 Incriminating an innocent
Intriguing against honor
person
One who falsely accuses another of a crime may be held Offender performs an act by Offender resorts to an
liable either for liber or for perjury, depending upon the which he directly intrigue for the purpose
manner or form in which the act is committed.122 incriminates or imputes an of blemishing the honor
innocent person the or reputation of another
INCRIMINATING INNOCENT PERSON AND PERJURY commission of a crime. person.
BY MAKING FALSE ACCUSATION, DISTINGUISHED
Incriminating Innocent Perjury by making False INTRIGUING AGAINST HONOR AND DEFAMATION,
Persons Accusation DISTINGUISHED
Limited to the acts of Giving of false statement Intriguing Against Honor Defamation
planting evidence and the under oath or making a Source of derogatory Source is known.
like in order to incriminate false affidavit, imputing to statements cannot be
an innocent person. the person the commission determined.
of a crime. Consists of some tricky and Committed in a public
It is committed by It is committed when the secret plot. and malicious manner.
performing an act by which imputation was falsely Passes such utterances The remarks made are
the offender directly made before an office. without subscribing to the claimed to be true.
incriminates or imputes to truth of the remarks.
an innocent person the
commission of a crime. INTRIGUING AGAINST HONOR AND SLANDER,
DISTINGUISHED
INCRIMINATING MACHINATIONS & DEFAMATION Intriguing Against Honor Slander
DISTINGUISHED Source is not known. Source is known.
Incriminating Defendant borrows the Defendant passes the
Defamation
Machinations derogatory information, derogatory information to
Offender does not avail Offender avails himself of without subscribing to the another for the purpose of
himself of written or spoken written or spoken word in truth, passes it to another. causing dishonor to
word in besmirching the besmirching the victim’s reputation.
victim’s reputation. reputation.
Imputation made by the Imputation made by the
offender need not be public offender must be public
QUASI-OFFENSES
and malicious. and malicious.
Imputation made by Imputation made by CRIMINAL NEGLIGENCE
offender need not be made offender must be made to
to cause the dishonor, cause the dishonor,
discredit or contempt of the discredit or contempt of the ART. 365. IMPRUDENCE AND NEGLIGENCE
aggrieved party. aggrieved party.
FOUR WAYS OF COMMITTING QUASI-OFFENSES:
ART. 364. INTRIGUING AGAINST HONOR (1) By committing through reckless imprudence any act
which, had it been intentional, would constitute a grave
or less grave felony or light felony;
(2) By committing through simple imprudence or
negligence an act which would otherwise constitute a
121 People v Rivera grave or less serious felony;
122 Lu Chu Sing and Lu Tian Chiong v Lu Tiong Gui (3) By causing damage to the property of another through


reckless imprudence or simple imprudence or Held: Although the motorist was within the speed limit, he
negligence; is still guilty of reckless imprudence for not observing due
(4) By causing through simple imprudence or negligence care. The court had taken into consideration the surrounding
some wrong which, if done maliciously, would have circumstances of persons, time and place. At the time of the
constituted a light felony. accident, it was dizzling and the road was slippery. [People v.
Azaola, C.A., 47 O.G. 2458]
Imprudence or negligence is not a crime in itself. It is simply
a way of committing a crime. TEST OF NEGLIGENCE
Imprudence Negligence Would a prudent man, in the position of the person to whom
They are not crimes. They negligence is attributed, foresee harm to the person injured
merely determine a lower as a reasonable consequence of the course about to be
degree of criminal liability. pursued?
They are means of
committing a crime. RECKLESS IMPRUDENCE AND FORCE MAJEURE,
Deficiency of action. Deficiency of perception. DISTINGUISHED
Failure in precaution. Failure in advertence Reckless imprudence Force Majeure
To avoid wrongful acts: one To avoid wrongful acts: Immediate personal harm or Event which cannot be
must take the necessary paying proper attention and damage to property or persons foreseen, or which
precaution once they are using due diligence in is preventable by the exercise being foreseen is
foreseen. foreseeing them. of reasonable care. inevitable.
Defendant failed to use Extraordinary
RECKLESS IMPRUDENCE reasonable care to prevent circumstance
injury. independent of the will
Consists in voluntarily, but without malice, doing or failing of the actor.
to do an act from which material damage results nu reason
of inexcusable lack of precaution on the part of the person Reckless imprudence consists in doing or failing to do an act.
performing or failing to perform such act, taking into
consideration his employment or occupation, degree of The doing of the act or the failure to do the act must be
intelligence, physical condition and other circumstances voluntary.
regarding person, time and place.
There must be injury to person or damage to property as a
SIMPLE IMPRUDENCE consequence of reckless or simple imprudence.
Consists in the lack of precaution displayed in those cases in DEFENSE OF CONTRIBUTORY NEGLIGENCE
which the damage impending to be caused is not immediate
nor the damage clearly manifest. Defense of contributory negligence is not applicable to
criminal cases through reckless imprudence. One cannot
ELEMENTS OF RECKLESS IMPRUDENCE: allege the negligence of another to evade the effects of his
own negligence.
(1) That the offender does or fails to do an act;
(2) That the doing of or the failure to do that act is ELEMENTS OF SIMPLE IMPRUDENCE:
voluntary;
(3) That it be without malice; (1) That there is lack of precaution on the part of the
(4) That material damage results; offender.
(5) That there be inexcusable lack of precaution on the part (2) That the damage impending to be caused is not
of the person performing or failing to perform such act immediate nor the danger clearly manifest.
taking into consideration.
THE PENALTIES PROVIDED FOR IN ARTICLE 356 ARE
Degree of intelligence, physical condition. NOT APPLICABLE WHEN:
The profession of pharmacy demands care and skill; and (1) The penalty provided for the offense is equal to or
druggist must exercise care of specially high degree, the lower than those provided in the first two paragraph of
highest degree of care known to practical men, so that Article 365.
human life may not constantly be exposed to the danger (2) By imprudence or negligence, and with violation of the
flowing from the substitution of deadly poisons for harmless Automobile Law, the death of a person shall be caused.
medicine. [People v. Castillo, et al., 42 O.G. 1914].
Article 64 relative to mitigating and aggravating
And other circumstances regarding persons, time and place. circumstances not applicable to crimes committed through
negligence.
Fact: A motorist who was travelling at a speed of 15-20 kph
was overtaking another vehicle when he suddenly collided Qualifying circumstance: when the offender fails to lend
with a 60-year old woman. As a result, the old woman died. help to the injured parties.


Q: Differentiate reckless impudence from simple
imprudence.
A: Reckless imprudence consists in voluntary, but without

malice, doing or failing to do an act from which material
damage results by reason of inexcusable lack of precaution
on the part of the person performing or failing to perform
such act, taking into consideration his employment or
occupation, degree of intelligence, physical condition and
other circumstances regarding persons, time and place. On
the other hand, simple imprudence consists in the lack of
precaution displayed in those cases in which the damage
impending to be caused is not immediate nor the danger
clearly manifest. [Art. 365, RPC]
R.A. No. 10951 AMENDED ART. 365
The penalty shall be a fine ranging from an amount equal to

the value of said damages to 3 times such value, not
exceeding P5,000.00, if the execution of the act covered by
Art. 365 resulted in damages to the property of another.
The penalty shall be a fine not exceeding P40,000.00 and

censure shall be imposed upon any person, who, by simple
imprudence or negligence, shall cause some wrong which, if
done maliciously, would have constituted a light felony.
FINAL PROVISIONS
Article 366 provides that any of the acts committed prior to

the enactment of the Revised Penal Code (December 8, 1930)
shall be governed by the laws in force at the time of their
commission.
Article 367 provides a repealing clause.

Criminal Law Special Penal Laws

ANTI ARSON LAW
(P.D. 1613)
This law repealed Articles 320-326-B of the Revised Penal

Code.
Kinds of Arson
(1) Arson (Sec. 1, PD 1613);
(2) Destructive Arson (Sec. 2, PD 1613 amending Art 320,
RPC);
(3) Other cases of arson (Sec. 3, PD 161)]
ARSON
Any person who burns or sets fire to the property of another
shall be punished by Prision Mayor.
The same penalty shall be imposed when a person sets fire to

his own property under circumstances which expose to
danger the life or property of another.
STAGES OF ARSON
(1) Attempted arson – When a person, intending to burn a
wooden structure, collects some rags, soaks them in
gasoline and places the beside the wooden wall of the
SPECIAL PENAL building, was discovered by another who chases him

away. Actual fire is not necessary for there to be
attempted arson.
LAWS (2) Frustrated arson – When a person is able to light or set

fire to the rags but the fire was put out before any part
of the building was burned.
(3) Consummated arson – When a part of the building was

burned before the fire was put out. However, mere
scorched or discolored marks on the building from the
heat is does not constitute consummated arson.
There is no complex crime of arson with homicide. When the

crime of arson results to a death, it is absorbed. A higher
penalty of reclusion perpertua to death shall be imposed.
HOW TO PROVE ARSON

Proof of the crime charged is complete where the evidence
establishes:
(1) The corpus delicti, that is, a fire because of criminal
agency;
(2) The identity of the defendant as the one responsible for
the crime.
Corpus delicti is satisfied by proof of the bare fact of the fire
and of it having been intentionally caused. Even the
uncorroborated testimony of a single eyewitness, if credible,
is enough to prove the corpus delicti and to warrant
conviction. [Gonzales v. People, G.R. No. 159950, 12 February
2007]
PRIMA FACIE EVIDENCE OF ARSON

Any of the following circumstances shall constitute prima
facie evidence of arson:


(1) If the fire started simultaneously in more than one part
of the building or establishment.
Other Cases of Arson. The penalty of Reclusion Temporal to
Reclusion Perpetua shall be imposed if the property burned
(2) If substantial amount of flammable substances or
is any of the following:
materials are stored within the building note necessary
in the business of the offender nor for household us. (1) Any building used as offices of the government or any
of its agencies;
(3) If gasoline, kerosene, petroleum or other flammable or
combustible substances or materials soaked therewith (2) Any inhabited house or dwelling;
or containers thereof, or any mechanical, electrical,
chemical, or electronic contrivance designed to start a (3) Any industrial establishment, shipyard, oil well or mine
fire, or ashes or traces of any of the foregoing are found shaft, platform or tunnel;
in the ruins or premises of the burned building or
property. (4) Any plantation, farm, pastureland, growing crop, grain
field, orchard, bamboo grove or forest;
(4) If the building or property is insured for substantially
more than its actual value at the time of the issuance of (5) Any rice mill, sugar mill, cane mill or mill central; and
the policy.
(6) Any railway or bus station, airport, wharf or
(5) If during the lifetime of the corresponding fire warehouse.
insurance policy more than two fires have occurred in
the same or other premises owned or under the control
of the offender and/or insured. In cases where both burning and death occur, in order to
determine what crime/crimes was/were perpetrated –
(6) If shortly before the fire, a substantial portion of the whether arson, murder, or arson and homicide/murder, it is
effects insured and stored in a building or property had de rigueur to ascertain the main objective of the malefactor:
been withdrawn from the premises except in the
ordinary course of business. (1) If the main objective is the burning of the building or
edifice, but death results by reason or on the occasion of
(7) If a demand for money or other valuable consideration arson, the crime is simply Arson, and the resulting
was made before the fire in exchange for the desistance homicide is absorbed;
of the offender or for the safety of the person or
property of the victim. (2) If, on the other hand, the main objective is to kill a
particular person who may be in a building or edifice,
when fire is resorted to as the means to accomplish
DESTRUCTIVE ARSON such goal, the crime committed is Murder only; and
The penalty of Reclusion Temporal in its maximum period lastly,
to Reclusion Perpetua shall be imposed if the property
burned is any of the following: (3) If the objective is, likewise, to kill a particular person,
and in fact the offender has already done so, but fire is
(1) Any ammunition factory and other establishment resorted to as means to cover up the killing, then there
where explosives, inflammable or combustible are two separate and distinct crimes committed –
materials are stored. Homicide/Murder and Arson [People v. Malngan, G.R.
No. 170470, 26 September 2006]
(2) Any archive, museum, whether public or private, or
any edifice devoted to culture, education or social
services. SIMPLE ARSON V. DESTRUCTIVE ARSON
Simple Arson Destructive Arson
(3) Any church or place of worship or other building
where people usually assemble. PD 1613 Article 320, RPC
(4) Any train, airplane or any aircraft, vessel or watercraft, Crimes with a lesser degree Heinous crimes for being
or conveyance for transportation of persons or of perversity and grievous, odious and hateful.
property. viciousness that the law There is an inherent or
punishes with a lesser manifest wickedness,
(5) Any building where evidence is kept for use in any penalty viciousness, atrocity and
legislative, judicial, administrative or other official perversity
proceedings.
Contemplates crime with a Contemplates crime with a
(6) Any hospital, hotel, dormitory, lodging house, housing lesser significant social, great significant social,
tenement, shopping center, public or private market, economic, political, and economic, political, and
theater or movie house or any similar place or building. natural security natural security implications.
implications.
(7) Any building, whether used as a dwelling or not,
situated in a populated or congested area.


vehicle shall be considered to have a defaced or
tampered with serial number.
However, acts falling under Simple Arson may nevertheless
be converted into Destructive Arson depending on the IDENTITY TRANSFER
qualifying circumstances present. [People vs. Macabando, G.R.
No. 188708, 31 July 2013]
refers to the act of transferring the engine number,
chassis number, body tag number, plate number, and
ANTI-CARNAPPING LAW any other identifying marks of a motor vehicle
(R.A. NO. 6539, AS AMENDED BY R.A. NO. declared as “total wreck” or is beyond economic
7659) repair by concerned car insurance companies and/or
law enforcement agencies after its involvement in a
vehicular accident or other incident and registers the
UNLAWFUL ACTS same into another factory-made body or vehicle unit,
of the same classification, type, make or model
(1) Carnapping
(2) Concealment of Carnapping
REPAINTING
(3) Defacing or Tampering with Serial Numbers of Motor
Vehicle Engines, Engine Blocks and Chassis
(4) Identity Transfer Changing the color of a motor vehicle by means of
(5) Transfer of Vehicle Plate without securing the proper painting. There is repainting whenever the new color
authority from the LTO of a motor vehicle is different from its color as
(6) Sale of Second Hand Spare Parts taken from a registered in the Land Transportation Commission.
carnapped vehicle
BODY-BUILDING
Definitions
A job undertaken on a motor vehicle in order to
[Sec. 2, R.A. No. 6539]
replace its entire body with a new body.
CARNAPPING
REMODELING
The taking, with intent to gain, of a motor vehicle
The introduction of some changes in the shape or
belonging to another without the consent, or by
form of the body of the motor vehicle.
means of violence against or intimidation of persons,
or by using force upon things.
DISMANTLING
MOTOR VEHICLE
The tearing apart, piece by piece or part by part, of a
motor vehicle.
Any vehicle propelled by any power other than
muscular power using the public highways, but
OVERHAULING
excepting road rollers, trolley cars, street-sweepers,
sprinklers, lawn mowers, bulldozers, graders, fork-
The cleaning or repairing of the whole engine of a
lifts, amphibian trucks, and cranes if not used on
motor vehicle by separating the motor engine and its
public highways, vehicles, which run only on rails or
parts from the body of the motor vehicle.
tracks, and tractors, trailers and traction engines of all
kinds used exclusively for agricultural purposes.
Trailers having any number of wheels, when
propelled or intended to be propelled by attachment REGISTRATION
to a motor vehicle, shall be classified as separate
motor vehicle with no power rating. Section 5. Original Registration of Motor Vehicles.—
Any person seeking the original registration of a
DEFACING OR TAMPERING OF SERIAL NUMBER motor vehicle, whether that motor vehicle is newly
assembled or rebuilt or acquired from a registered
The erasing, scratching, altering or changing of the owner, shall, within one (1) week after the completion
original factory-inscribed serial number on the motor of the assembly or rebuilding job or the acquisition
vehicle engine, engine block or chassis of any motor thereof from the registered owner, apply to the
vehicle. Whenever any motor vehicle is found to have Philippine National Police (PNP) for the clearance of
a serial number on its motor engine, engine block or the motor vehicle for registration with the LTO. The
chassis which is different from that which is listed in PNP shall, upon receipt of the application, verify if
the records of the Bureau of Customs for motor the motor vehicle or its numbered parts are in the list
vehicles imported into the Philippines, that motor of carnapped motor vehicles or stolen motor vehicle


parts. If the motor vehicle or any of its numbered days upon purchase/acquisition of a motor vehicle
parts is not in the list, the PNP shall forthwith issue a and substitution or replacement of a motor vehicle
certificate of clearance. Upon presentation of the engine, engine block or chassis. A motor vehicle,
certificate of clearance from the PNP and after motor vehicle engine, engine block or chassis not
verification of the registration of the motor vehicle registered with the LTO shall be presumed as a
engine, engine block and chassis in the permanent carnapped vehicle, an untaxed imported vehicle, or a
registry of motor vehicle engine, engine block and vehicle proceeding from illegal sources unless proven
chassis, the LTO shall register the motor vehicle in otherwise and shall be confiscated in favor of the
accordance with existing laws, rules and regulations government.
within twenty (20) working days.
Section 6. Registration of Motor Vehicle, Motor WHO ARE LIABLE

Vehicle Engine, Engine Block and Chassis.— Within
one (1) year upon approval of this Act, every owner Section 9. Duty of Collector of Customs to Report.—
or possessor of unregistered motor vehicle or parts Within seven (7) days after the arrival of an imported
thereof in knock down condition shall register before vehicle, motor vehicle engine, engine block, chassis or
the LTO the motor vehicle engine, engine block and body, the Collector of Customs of a principal port of
chassis in the name of the possessor or in the name of entry where the imported vehicle or parts
the real owner who shall be readily available to enumerated above are unloaded shall report the
answer any claim over the registered motor vehicle shipment to the LTO, specifying the make, type and
engine, engine block and chassis. Thereafter, all motor serial numbers, if any, of the motor vehicle, motor
vehicle engines, engine blocks and chassis not vehicle engine, engine block, chassis or body, and
registered with the LTO shall be considered as a stating the names and addresses of the owner or
carnapped vehicle, an untaxed importation or coming consignee thereof. If the motor vehicle, motor vehicle
from illegal source and shall be confiscated in favor of engine, engine block, chassis or body does not bear
the government. any serial number, the Collector of Customs
concerned shall hold the motor vehicle, motor vehicle
Section 7. Permanent Registry of Motor Vehicle, engine, engine block, chassis or body until it is
Motor Vehicle Engines, Engine Blocks and Chassis.— numbered by the LTO: Provided, That a PNP
The LTO shall keep a permanent registry of motor clearance shall be required prior to engraving the
vehicle, motor vehicle engines, engine blocks and engine or chassis number.
chassis of all motor vehicles, specifying therein their
type, make, serial numbers and stating therein the Section 10. Duty of Importers, Distributors and Sellers
names and addresses of their present and previous of Motor Vehicles to Keep Record of Stocks.— Any
owners. Copies of the registry and of all entries made person engaged in the importation, distribution, and
thereon shall be furnished the PNP and all LTO buying and selling of motor vehicles, motor vehicle
regional, provincial and city branch offices: Provided, engines, engine blocks, chassis or body shall keep a
That all LTO regional, provincial and city offices are permanent record of one’s stocks, stating therein their
likewise obliged to furnish copies of all registrations type, make and serial numbers, and the names and
of motor vehicles to the main office and to the PNP: addresses of the persons from whom they were
Provided, Further, That the original copy of the acquired and the names and addresses of the persons
certificate of registration shall be given to the to whom they are sold, and shall render accurately a
registered owner, the second copy shall be retained monthly report of his/her transactions in motor
with the LTO and the third copy shall be submitted to vehicles to the LTO.
the PNP. Moreover, it shall be unlawful for any
person or employee who willfully encodes in the Section 11. Duty of Manufacturers of Engine Blocks,
registry of motor vehicles a non-existing vehicle or Chassis or Body to Cause the Numbering of Engine
without history, new identity of already existing Blocks, Chassis or Body Manufactured.— Any person
vehicle or double/multiple registration (“KAMBAL”) engaged in the manufacture of engine blocks, chassis
of vehicle. or body shall cause the numbering of every engine
block, chassis or body manufactured in a convenient
Section 8. Registration of Sale, Transfer, Conveyance and conspicuous part thereof which the LTO may
of a Motor Vehicle, Substitution or Replacement of a direct for the purpose of uniformity and identification
Motor Vehicle Engine, Engine Block or Chassis.— of the factory and shall submit to the LTO a monthly
Every sale, transfer, conveyance of a motor vehicle, report of the manufacture and sale of engine blocks,
substitution or replacement of a motor vehicle engine, chassis or body.
engine block or chassis of a motor vehicle shall be
registered with the LTO within twenty (20) working


CLEARANCE AND PERMIT is committed by means of violence against or
intimidation of persons, or force upon things; and the
Section 12. Clearance and Permit Required for penalty of life imprisonment shall be imposed when
Assembly or Rebuilding of Motor Vehicles.— Any the owner, driver, or occupant of the carnapped
person who shall undertake to assemble or rebuild or motor vehicle is killed or raped in the commission of
cause the assembly or rebuilding of a motor vehicle the carnapping.
shall first secure a certificate of clearance from the
PNP: Provided, That no such permit shall be issued Any person charged with carnapping or when the
unless the applicant shall present a statement under crime of carnapping is committed by criminal groups,
oath containing the type, make and serial numbers of gangs or syndicates or by means of violence or
the engine, chassis and body, if any, and the complete intimidation of any person or persons or forced upon
list of the spare parts of the motor vehicle to be things; or when the owner, driver, passenger or
assembled or rebuilt together with the names and occupant of the carnapped vehicle is killed or raped
addresses of the sources thereof. in the course of the carnapping shall be denied bail
when the evidence of guilt is strong.
In the case of motor vehicle engines to be mounted on
motor boats, motor bancas, water crafts and other Section 4. Any public official or employee who
light water vessels, the applicant shall secure a permit directly commits the unlawful acts defined in this Act
from the PNP, which office shall in turn furnish the or is guilty of gross negligence of duty or connives
LTO pertinent data concerning the motor vehicle with or permits the commission of any of the said
engines including their type, make and serial unlawful acts shall, in addition to the penalty
numbers. prescribed in the preceding paragraph, be dismissed
In the case of motor vehicle engines to be mounted on from the service, and his/her benefits forfeited and
motor boats, motor bancas and other light water shall be permanently disqualified from holding public
vessels, the applicant shall secure a permit from the office.
Philippine Coast Guard, which office shall in turn
furnish the Land Transportation Commission the Section 18. Foreign Nationals.— Foreign nationals
pertinent data concerning the motor vehicle engines convicted under the provisions of this Act shall be
including their type, make and serial numbers. deported immediately after service of sentence
without further proceedings by the Bureau of
Section 13. Clearance Required for Shipment of Motor Immigration.
Vehicles, Motor Vehicle Engines, Engine Blocks,
Chassis or Body.— The Philippine Ports Authority
(PPA) shall submit a report to the PNP within seven
(7) days upon boarding all motor vehicles being ANTI-CHILD ABUSE LAW
boarded the “RORO”, ferry, boat, vessel or ship for (R.A. NO. 7610, AS AMENDED)
interisland and international shipment. The PPA shall
not allow the loading of motor vehicles in all
interisland and international shipping vessels without CHILDREN
a motor vehicle clearance from the PNP, except cargo
trucks and other trucks carrying goods, Land Refers to person below eighteen (18) years of age or those
Transportation Franchising and Regulatory Board over but are unable to fully take care of themselves or
(LTFRB)-accredited public utility vehicles (PUV) and protect themselves from abuse, neglect, cruelty, exploitation
other motor vehicles carrying foodstuff and dry or discrimination because of a physical or mental disability
or condition
goods.
CHILD ABUSE
PENALTY
Refers to the maltreatment, whether habitual or not, of the
Section 3. Any person who is found guilty of child which includes any of the following:
carnapping shall, regardless of the value of the motor
vehicle taken, be punished by imprisonment for not
(1) Psychological and physical abuse, neglect, cruelty,
less than twenty (20) years and one (1) day but not sexual abuse and emotional maltreatment;
more than thirty (30) years, when the carnapping is
committed without violence against or intimidation of
persons, or force upon things; and by imprisonment (2) Any act by deeds or words which debases, degrades or
for not less than thirty (30) years and one (1) day but demeans the intrinsic worth and dignity of a child as a
not more than forty (40) years, when the carnapping human being;


(5) Circumstances which threaten or endanger the
survival and normal development of children.1aw
(3) Unreasonable deprivation of his basic needs for
survival, such as food and shelter; or
CHILD PROSTITUTION
(4) Failure to immediately give medical treatment to an Child Prostitution and Other Sexual Abuse. – Children, whether
injured child resulting in serious impairment of his male or female, who for money, profit, or any other
growth and development or in his permanent consideration or due to the coercion or influence of any
incapacity or death. adult, syndicate or group, indulge in sexual intercourse or
lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse.
CIRCUMSTANCES WHICH GRAVELY THREATEN OR The penalty of reclusion temporal in its medium period to
ENDANGER THE SURVIVAL AND NORMAL reclusion perpetua shall be imposed upon the following:
DEVELOPMENT OF CHILDREN
Includes but are not limited to:
(1) Those who engage in or promote, facilitate or induce
(1) Being in a community where there is armed conflict or child prostitution which include, but are not limited to,
being affected by armed conflict-related activities; the following:
A. Acting as a procurer of a child prostitute;
(2) Working under conditions hazardous to life, safety and
normal which unduly interfere with their normal
development; B. Inducing a person to be a client of a child prostitute
by means of written or oral advertisements or
other similar means;
(3) Living in or fending for themselves in the streets of
urban or rural areas without the care of parents or a
guardian or basic services needed for a good quality of C. Taking advantage of influence or relationship to
life; procure a child as prostitute;
(4) Being a member of a indigenous cultural community D. Threatening or using violence towards a child to
and/or living under conditions of extreme poverty or engage him as a prostitute; or
in an area which is underdeveloped and/or lacks or has
inadequate access to basic services needed for a good
quality of life; E. Giving monetary consideration goods or other
pecuniary benefit to a child with intent to engage
such child in prostitution.
(5) Being a victim of a man-made or natural disaster or
calamity; or
(2) Those who commit the act of sexual intercourse of
lascivious conduct with a child exploited in prostitution
(6) Circumstances analogous to those abovestated which or subject to other sexual abuse; Provided, That when
endanger the life, safety or normal development of the victims is under twelve (12) years of age, the
children. perpetrators shall be prosecuted under Article 335,
paragraph 3, for rape and Article 336 of Act No. 3815,
as amended, the Revised Penal Code, for rape or
COMPREHENSIVE PROGRAM AGAINST CHILD lascivious conduct, as the case may be: Provided, That
ABUSE, EXPLOITATION AND DISCRIMINATION the penalty for lascivious conduct when the victim is
under twelve (12) years of age shall be reclusion
Refers to the coordinated program of services and facilities temporal in its medium period; and
to protected children against:
(1) Child Prostitution and other sexual abuse;
(3) Those who derive profit or advantage therefrom,
whether as manager or owner of the establishment
(2) Child trafficking; 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
(3) Obscene publications and indecent shows; prostitution in addition to the activity for which the
license has been issued to said establishment.
(4) Other acts of abuses; and

ATTEMPT TO COMMIT CHILD PROSTITUTION
There is an attempt to commit child prostitution under


Section 5, paragraph (a) hereof when any person who, not minor is above 16 the act will be punishable under R.A. No.
being a relative of a child, is found alone with the said child 7610 not the RPC
inside the room or cubicle of a house, an inn, hotel, motel,
pension house, apartelle or other similar establishments,
vessel, vehicle or any other hidden or secluded area under PENALTY IMPOSED FOR STATUTORY RAPE
circumstances which would lead a reasonable person to
believe that the child is about to be exploited in prostitution
In a statutory rape the accused may enjoy a minimum term
and other sexual abuse.
of the indeterminate sentence to be taken within the range of
the penalty next lower to that prescribed by the Code,
notwithstanding that R.A. 7610 is a special law Hence, for
There is also an attempt to commit child prostitution, under
violation of Article III, Section 5 (b) of R.A. 7610, accused-
paragraph (b) of Section 5 hereof when any person is
appellant shall suffer the indeterminate sentence of twelve
receiving services from a child in a sauna parlor or bath,
years (12) and one (1) day of reclusion temporal, as minimum,
massage clinic, health club and other similar establishments.
to fifteen (15) years, six (6) months and twenty (20) days of
A penalty lower by two (2) degrees than that prescribed for
reclusion temporal as maximum. (People vs. Jalosjos, 2001)
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
ACTS WHICH CONSTITUTE CHILD ABUSE UNDER RA
case, under the Revised Penal Code.
7610
Child abuse under Section 3(b) of Republic Act No. 7610 is
defined as the maltreatment, whether habitual or not, of the
CHILD TRAFFICKING
child which includes any of the following:
Any person who shall engage in trading and dealing with
children including, but not limited to, the act of buying and (1) Psychological and physical abuse, neglect, cruelty,
selling of a child for money, or for any other consideration, sexual abuse and emotional maltreatment;
or barter, shall suffer the penalty of reclusion temporal to
reclusion perpetua. The penalty shall be imposed in its (2) Any act by deeds or words which debases, degrades or
maximum period when the victim is under twelve (12) years demeans the intrinsic worth and dignity of a child as a
of age. human being;
(3) Unreasonable deprivation of his basic needs for

ATTEMPT TO COMMIT CHILD TRAFFICKING survival, such as food and shelter; or
Acts which are considered attempts to commit child
(4) Failure to immediately give medical treatment to an
trafficking:
injured child resulting in serious impairment of his
(1) When a child travels alone to a foreign country without growth and development or in his permanent
valid reason therefor and without clearance issued by incapacity or death. Not every instance of the laying of
the Department of Social Welfare and Development or hands on a child constitutes the crime of child abuse
written permit or justification from the child's parents under Section 10 (a) of Republic Act No. 7610. Only
or legal guardian; when the laying of hands is shown beyond reasonable
doubt to be intended by the accused to debase,
degrade or demean the intrinsic worth and dignity of
(2) When a person, agency, establishment or child-caring the child as a human being should it be punished as
institution recruits women or couples to bear children child abuse. Otherwise, it is punished under the
for the purpose of child trafficking; or Revised Penal Code. [Bongalon v. People, G.R. No.
169533, March 20, 2013]
(3) When a doctor, hospital or clinic official or employee, ANTI-CHILD PORNOGRAPHY LAW
nurse, midwife, local civil registrar or any other person
simulates birth for the purpose of child trafficking; or (R.A. NO. 9775)
CHILD
(4) When a person engages in the act of finding children
among low-income families, hospitals, clinics, Refers to a person below eighteen (18) years of age or over,
nurseries, day-care centers, or other child-during but is unable to fully take care of himself/herself from
institutions who can be offered for the purpose of child abuse, neglect, cruelty, exploitation or discrimination
trafficking. because of a physical or mental disability or condition.
For the purpose of this Act, a child shall also refer to:
A penalty lower two (2) degrees than that prescribed for the (1) A person regardless of age who is presented,
consummated felony under Section 7 hereof shall be depicted or portrayed as a child as defined herein;
imposed upon the principals of the attempt to commit child and
trafficking under this Act.
Note: Under Art 277 – Inducing child to abandon home, if


(2) computer-generated, digitally or manually crafted Refers to the act of preparing a child or someone who the
images or graphics of a person who is represented offender believes to be a child for sexual activity or sexual
or who is made to appear to be a child as defined relationship by communicating any form of child
herein. pornography. It includes online enticement or enticement
through any other means.
CHILD PORNOGRAPHY
Refers to any representation, whether visual, audio, or
written combination thereof, by electronic, mechanical, LURING
digital, optical, magnetic or any other means, of child
Refers to the act of communicating, by means of a computer
engaged or involved in real or simulated explicit sexual
system, with a child or someone who the offender believes to
activities.
be a child for the purpose of facilitating the commission of
sexual activity or production of any form of child
pornography.
EXPILICIT SEXUAL ACTIVITY
Includes actual or simulated –
PANDERING
(1) Sexual intercourse or lascivious act including, but not
limited to, contact involving genital to genital, oral to Refers to the act of offering, advertising, promoting,
genital, anal to genital, or oral to anal, whether between representing or distributing through any means any material
persons of the same or opposite sex; or purported material that is intended to cause another to
believe that the material or purported material contains any
form of child pornography, regardless of the actual content
(2) Bestiality; of the material or purported material.
(3) Masturbation; PERSONS

Refers to any natural or juridical entity.
(4) Sadistic or masochistic abuse;
UNLAWFUL OR PROHIBITED ACTS
(5) Lascivious exhibition of the genitals, buttocks, breasts, It shall be unlawful for any person:
pubic area and/or anus; or
(1) To hire, employ, use, persuade, induce or coerce a child
to perform in the creation or production of any form of
(6) Use of any object or instrument for lascivious acts child pornography;
INTERNET ADDRESS (2) To produce, direct, manufacture or create any form of

Refers to a website, bulletin board service, internet chat child pornography;
room or news group, or any other internet or shared
network protocol address.
(3) To publish offer, transmit, sell, distribute, broadcast,
advertise, promote, export or import any form of child
INTERNET CAFÉ OR KIOSK pornography;
Refers to an establishment that offers or proposes to offer

services to the public for the use of its computer/s or (4) To possess any form of child pornography with the
computer system for the purpose of accessing the internet, intent to sell, distribute, publish, or broadcast:
computer games or related services. Provided. That possession of three (3) or more articles
of child pornography of the same form shall be prima
facie evidence of the intent to sell, distribute, publish or
INTERNET CONTENT HOST broadcast;
Refers to a person who hosts or who proposes to host
internet content in the Philippines.
(5) To knowingly, willfully and intentionally provide a
venue for the commission of prohibited acts as, but not
INTERNET SERVICE PROVIDER limited to, dens, private rooms, cubicles, cinemas,
houses or in establishments purporting to be a
Refers to a person or entity that supplies or proposes to legitimate business;
supply, an internet carriage service to the public.
GROOMING


(6) For film distributors, theaters and telecommunication
companies, by themselves or in cooperation with other
entities, to distribute any form of child pornography; ANTI-FENCING LAW
(P.D. 1612)
(7) For a parent, legal guardian or person having custody FENCING
or control of a child to knowingly permit the child to
engage, participate or assist in any form of child The act of any person who, with intent to gain for himself or
pornography; for another, shall buy, receive, possess, keep, acquire,
conceal, sell or dispose of, or shall buy and sell, or in any
other manner deal in any article, item, object or anything of
(8) To engage in the luring or grooming of a child; value which he knows, or should be known to him, to have
been derived from the proceeds of the crime of robbery or
theft.
(9) To engage in pandering of any form of child
pornography; FENCE
Includes any person, firm, association corporation or

(10) To willfully access any form of child pornography; partnership or other organization who/which commits the
act of fencing.
(11) To conspire to commit any of the prohibited acts stated

in this section. Conspiracy to commit any form of child ELEMENTS OF FENCING
pornography shall be committed when two (2) or more
persons come to an agreement concerning the (1) A robbery or theft has been committed;
commission of any of the said prohibited acts and
decide to commit it; and (2) The accused, who took no part in the robbery or theft,
buys, receives, possesses, keeps, acquires, conceals, sells
or disposes, or buys and sells, or in any manner deals in
(12) To possess any form of child pornography. any article or object taken during that robbery or theft;
(3) The accused knows or should have known that the thing
SYNDICATED CHILD PORNOGRAPHY derived from that crime; and
The crime of child pornography is deemed committed by a (4) He intends by the deal he makes to gain for himself or
for another.
syndicate if carried out by a group of three (3) or more
persons conspiring or confederating with one another.
WHO MAY FILE COMPLAINT ROBBERY VS. FENCING

Robbery/theft is a separate offense from fencing.
(1) Offended party;
The crimes of robbery and fencing are clearly then two
(2) Parents or guardians; distinct offenses. The law on fencing does not require the
accused to have participated in the criminal design to
(3) Ascendant or collateral relative within the third degree commit, or to have been in any wise involved in the
of consanguinity; commission of, the crime of robbery or theft. Neither is the
crime of robbery or theft made to depend on an act of
(4) Officer, social worker or representative of a licensed fencing in order that it can be consummated. True, the object
child-caring institution; property in fencing must have been previously taken by
means of either robbery or theft but the place where the
(5) Officer or social worker of the Department of Social robbery or theft occurs is inconsequential. It may not be
Welfare and Development (DSWD); suggested, for instance, that, in the crime of bigamy which
presupposes a prior subsisting marriage of an accused, the
(6) Local social welfare development officer; case should thereby be triable likewise at the place where the
prior marriage has been contracted. [People v. De Guzman,
(7) Barangay chairman; 1993]
(8) Any law enforcement officer;

PRESUMPTION OF FENCING
(9) At least three (3) concerned responsible citizens
Mere possession of any good, article, item, object, or
residing in the place where the violation occurred; or
anything of value which has been the subject of robbery or
(10) Any person who has personal knowledge of the thievery shall be prima facie evidence of fencing.
circumstances of the commission of any offense under
Except when there is a clearance of permit to sell.
this Act.


(3) Directly or indirectly requesting or receiving any gift,
Section 6. Clearance/Permit to Sell/Used Second Hand present or other pecuniary or material benefit, for
Articles. For purposes of this Act, all stores, establishments himself or for another, from any person for whom the
or entities dealing in the buy and sell of any good, article public officer, in any manner or capacity, has secured or
item, object of anything of value obtained from an obtained, or will secure or obtain, any Government
unlicensed dealer or supplier thereof, shall before offering permit or license, in consideration for the help given or
the same for sale to the public, secure the necessary to be given, without prejudice to Section thirteen of this
clearance or permit from the station commander of the Act.
Integrated National Police in the town or city where such
store, establishment or entity is located. The Chief of
Constabulary/Director General, Integrated National Police (4) Accepting or having any member of his family accept
shall promulgate such rules and regulations to carry out the employment in a private enterprise which has pending
provisions of this section. Any person who fails to secure the official business with him during the pendency thereof
clearance or permit required by this section or who violates or within one year after its termination.
any of the provisions of the rules and regulations
promulgated thereunder shall upon conviction be punished
as a fence. (5) Causing any undue injury to any party, including the
Government, or giving any private party any
ANTI-GRAFT AND CORRUPT unwarranted benefits, advantage or preference in the
PRACTICES ACTS discharge of his official administrative or judicial
functions through manifest partiality, evident bad faith
(R.A. NO. 3019, AS AMENDED) or gross inexcusable negligence. This provision shall
apply to officers and employees of offices or
WHO ARE COVERED government corporations charged with the grant of
licenses or permits or other concessions.
(1) Public Officers (Sec. 3);
(2) Private Individuals (Sec. 4);
(3) Certain Relatives (Sec. 5); Note: The last sentence of Sec. 3(e) does not make a
(4) Members of the Congress (Sec. 6); distinction, it merely emphasized that officers and
employees included are covered. The provision applies
to any public officer.
What are corrupt practices
Corrupt practices of public officers. In addition to acts or (6) Neglecting or refusing, after due demand or request,
omissions of public officers already penalized by existing without sufficient justification, to act within a
law, the following shall constitute corrupt practices of any reasonable time on any matter pending before him for
public officer and are hereby declared to be unlawful: the purpose of obtaining, directly or indirectly, from
(1) Persuading, inducing or influencing another public any person interested in the matter some pecuniary or
officer to perform an act constituting a violation of rules material benefit or advantage, or for the purpose of
and regulations duly promulgated by competent favoring his own interest or giving undue advantage in
authority or an offense in connection with the official favor of or discriminating against any other interested
duties of the latter, or allowing himself to be party.
persuaded, induced, or influenced to commit such
violation or offense.
(7) Entering, on behalf of the Government, into any
contract or transaction manifestly and grossly
Note: The accused must have acted for a consideration disadvantageous to the same, whether or not the public
and had intended to obtain personal gain or advantage. officer profited or will profit thereby.
(2) Directly or indirectly requesting or receiving any gift, (8) Director or indirectly having financing or pecuniary
present, share, percentage, or benefit, for himself or for interest in any business, contract or transaction in
any other person, in connection with any contract or connection with which he intervenes or takes part in his
transaction between the Government and any other official capacity, or in which he is prohibited by the
part, wherein the public officer in his official capacity Constitution or by any law from having any interest.
has to intervene under the law.
(9) Directly or indirectly becoming interested, for personal

Note: Public officer liable under Sec. 3(b) are those, who gain, or having a material interest in any transaction or
in his official capacity, has to intervene under the law in act requiring the approval of a board, panel or group of
any contract or transaction between the Government which he is a member, and which exercises discretion
and any other party. in such approval, even if he votes against the same or
does not participate in the action of the board,
committee, panel or group.


issued pursuant to law, nor to any act lawfully performed in
an official capacity or in the exercise of a profession.
Interest for personal gain shall be presumed against
those public officers responsible for the approval of
manifestly unlawful, inequitable, or irregular
Section 6. Prohibition on Members of Congress. It shall be
transaction or acts by the board, panel or group to
unlawful hereafter for any Member of the Congress during
which they belong.
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
(10) Knowingly approving or granting any license, permit,
benefited by any law or resolution authored by him
privilege or benefit in favor of any person not qualified
previously approved or adopted by the Congress during the
for or not legally entitled to such license, permit,
same term.
privilege or advantage, or of a mere representative or
dummy of one who is not so qualified or entitled.
The provision of this section shall apply to any other public
officer who recommended the initiation in Congress of the
(11) Divulging valuable information of a confidential
enactment or adoption of any law or resolution, and acquires
character, acquired by his office or by him on account
or receives any such interest during his incumbency.
of his official position to unauthorized persons, or
releasing such information in advance of its authorized
release date.
It shall likewise be unlawful for such member of Congress or
other public officer, who, having such interest prior to the
approval of such law or resolution authored or
PROHIBITION ON PRIVATE INDIVIDUALS
recommended by him, continues for thirty days after such
(1) It shall be unlawful for any person having family or approval to retain such interest.
close personal relation with any public official to
capitalize or exploit or take advantage of such family or
close personal relation by directly or indirectly Section 14. Exception. Unsolicited gifts or presents of small or
requesting or receiving any present, gift or material or insignificant value offered or given as a mere ordinary token
pecuniary advantage from any other person having of gratitude or friendship according to local customs or
some business, transaction, application, request or usage, shall be excepted from the provisions of this Act.
contract with the government, in which such public
official has to intervene. Family relation shall include
the spouse or relatives by consanguinity or affinity in ANTI-HAZING LAW
the third civil degree. The word "close personal
relation" shall include close personal friendship, social (R.A. NO. 8049)
and fraternal connections, and professional
employment all giving rise to intimacy which assures
free access to such public officer. HAZING
An initiation rite or practice as a prerequisite for admission
into membership in a fraternity, sorority or organization by
(2) It shall be unlawful for any person knowingly to induce placing the recruit, neophyte or applicant in some
or cause any public official to commit any of the embarrassing or humiliating situations such as forcing him
offenses defined in Section 3 hereof. to do menial, silly, foolish and other similar tasks or
activities or otherwise subjecting him to physical or
psychological suffering or injury.
ORGANIZATION
Section 5. Prohibition on certain relatives. It shall be unlawful
for the spouse or for any relative, by consanguinity or The term shall include any club or the Armed Forces of the
affinity, within the third civil degree, of the President of the Philippines, Philippine National Police, Philippine Military
Philippines, the Vice-President of the Philippines, the Academy, or officer and cadet corp of the Citizen's Military
President of the Senate, or the Speaker of the House of Training and Citizen's Army Training. The physical, mental
Representatives, to intervene, directly or indirectly, in any and psychological testing and training procedure and
business, transaction, contract or application with the practices to determine and enhance the physical, mental and
Government: Provided, That this section shall not apply to psychological fitness of prospective regular members of the
any person who, prior to the assumption of office of any of Armed Forces of the Philippines and the Philippine National
the above officials to whom he is related, has been already Police as approved by the Secretary of National Defense and
dealing with the Government along the same line of the National Police Commission duly recommended by the
business, nor to any transaction, contract or application Chief of Staff, Armed Forces of the Philippines and the
already existing or pending at the time of such assumption Director General of the Philippine National Police shall not
of public office, nor to any application filed by him the be considered as hazing for the purposes of this Act.
approval of which is not discretionary on the part of the
official or officials concerned but depends upon compliance
with requisites provided by law, or rules or regulations


WHEN INITIATION RITES ALLOWED hazing the victim shall have been ill or incapacitated for
the performance on the activity or work in which he
Section 2. No hazing or initiation rites in any form or manner
was habitually engaged for a period of ten (10) days or
by a fraternity, sorority or organization shall be allowed
more, or that the injury sustained shall require medical
without prior written notice to the school authorities or head
of organization seven (7) days before the conduct of such assistance for the same period.
initiation. The written notice shall indicate the period of the
(7) The penalty of prision mayor in its minimum period (6
initiation activities which shall not exceed three (3) days,
years and one day to 8 years) if in consequence of the
shall include the names of those to be subjected to such
hazing the victim shall have been ill or incapacitated for
activities, and shall further contain an undertaking that no
physical violence be employed by anybody during such
initiation rites. was habitually engaged from one (1) to nine (9) days, or
that the injury sustained shall require medical
assistance for the same period.
Section 3. The head of the school or organization or their
(8) The penalty of prision correccional in its maximum
representatives must assign at least two (2) representatives
period (4 years, 2 months and one day to 6 years) if in
of the school or organization, as the case may be, to be
consequence of the hazing the victim sustained physical
present during the initiation. It is the duty of such
injuries which do not prevent him from engaging in his
representative to see to it that no physical harm of any kind
habitual activity or work nor require medical
shall be inflicted upon a recruit, neophyte or applicant.
attendance.
WHAT ARE PUNISHABLE ACTS AND PENALTIES

The responsible officials of the school or of the police,
Section 4. If the person subjected to hazing or other forms of military or citizen's army training organization, may impose
initiation rites suffers any physical injury or dies as a result the appropriate administrative sanctions on the person or
thereof, the officers and members of the fraternity, sorority the persons charged under this provision even before their
or organization who actually participated in the infliction conviction. The maximum penalty herein provided shall be
of physical harm shall be liable as principals. The person imposed in any of the following instances:
or persons who participated in the hazing shall suffer:
(1) When the recruitment is accompanied by force,
(1) The penalty of reclusion perpetua (life imprisonment) if violence, threat, intimidation or deceit on the
death, rape, sodomy or mutilation results there from. person of the recruit who refuses to join;
(2) The penalty of reclusion temporal in its maximum period

(17 years, 4 months and 1 day to 20 years) if in (2) When the recruit, neophyte or applicant initially
consequence of the hazing the victim shall become consents to join but upon learning that hazing will
insane, imbecile, impotent or blind. be committed on his person, is prevented from
quitting;
(3) The penalty of reclusion temporal in its medium period
(14 years, 8 months and one day to 17 years and 4
months) if in consequence of the hazing the victim shall (3) When the recruit, neophyte or applicant having
have lost the use of speech or the power to hear or to undergone hazing is prevented from reporting the
smell, or shall have lost an eye, a hand, a foot, an arm unlawful act to his parents or guardians, to the
or a leg or shall have lost the use of any such member proper school authorities, or to the police
shall have become incapacitated for the activity or work authorities, through force, violence, threat or
in which he was habitually engaged. intimidation;
(4) The penalty of reclusion temporal in its minimum period

(12 years and one day to 14 years and 8 months) if in (4) When the hazing is committed outside of the
consequence of the hazing the victim shall become school or institution; or
deformed or shall have lost any other part of his body,
or shall have lost the use thereof, or shall have been ill
or incapacitated for the performance on the activity or (5) When the victim is below twelve (12) years of age
work in which he was habitually engaged for a period at the time of the hazing.
of more than ninety (90) days.
(5) The penalty of prision mayor in its maximum period (10 WHO CAN BE HELD RESPONSIBLE
• The owner of the place where hazing is conducted
hazing the victim shall have been ill or incapacitated for
shall be liable as an accomplice, when he has actual
knowledge of the hazing conducted therein but failed
was habitually engaged for a period of more than thirty
to take any action to prevent the same from occurring.
(30) days.
If the hazing is held in the home of one of the officers
or members of the fraternity, group, or organization,
(6) The penalty of prision mayor in its medium period (8
the parents shall be held liable as principals when
they have actual knowledge of the hazing conducted


therein but failed to take any action to prevent the same
from occurring. PENALTIES
• The school authorities including faculty members Section 2. Any person violating any provision of the
who consent to the hazing or who have actual foregoing section shall be punished by an imprisonment of
knowledge thereof, but failed to take any action to not less than twelve years but not more than twenty years, or
prevent the same from occurring shall be punished as by a fine of not less than twenty thousand pesos but not
accomplices for the acts of hazing committed by the more than forty thousand pesos.
perpetrators.
• The officers, former officers, or alumni of the The penalty of imprisonment of fifteen years to death, or a
organization, group, fraternity or sorority who fine of not less than twenty-five thousand pesos but not
actually planned the hazing although not present more than fifty thousand pesos shall be imposed upon any
when the acts constituting the hazing were committed person committing such violation under any of the following
shall be liable as principals. A fraternity or sorority's circumstances:
adviser who is present when the acts constituting the
hazing were committed and failed to take action to (1) Whenever he has fired upon the pilot, member of
prevent the same from occurring shall be liable as the crew or passenger of the aircraft;
principal. (2) Whenever he has exploded or attempted to
• The presence of any person during the hazing is prima explode any bomb or explosive to destroy the
facie evidence of participation therein as principal aircraft; or
unless he prevented the commission of the acts (3) Whenever the crime is accompanied by murder,
punishable herein. homicide, serious physical injuries or rape.
• Any person charged under this provision shall not be Note: An aircraft is in flight from the moment all of its
entitled to the mitigating circumstance that there was external doors are closed following embarkation until any of
no intention to commit so grave a wrong. such doors is opened for disembarkation.
• This section shall apply to the president, manager,
Defense that the plane is not in flight during the commission
director or other responsible officer of a corporation
of any of the punishable acts under R.A. 6235 is untenable.
engaged in hazing as a requirement for employment in
the manner provided herein.
ANTI-PIRACY AND ANTI-HIGHWAY

ANTI-HIJACKING LAW ROBBERY
(R.A. NO. 6235) (P.D. NO. 532)
PHILIPPINE WATERS
PUNISHABLE ACTS
(1) It shall be unlawful for any person to compel a change It shall refer to all bodies of water, such as but not limited to,
in the course or destination of an aircraft of Philippine seas, gulfs, bays around, between and connecting each of the
registry, or to seize or usurp the control thereof, while it Islands of the Philippine Archipelago, irrespective of its
is in flight. An aircraft is in flight from the moment all depth, breadth, length or dimension, and all other waters
its external doors are closed following embarkation belonging to the Philippines by historic or legal title,
until any of such doors is opened for disembarkation including territorial sea, the sea-bed, the insular shelves, and
(Sec. 1). other submarine areas over which the Philippines has
sovereignty or jurisdiction.
(2) It shall likewise be unlawful for any person to compel
an aircraft of foreign registry to land in Philippine VESSEL
territory or to seize or usurp the control thereof while it
is within the said territory (Sec. 1). Any vessel or watercraft used for transport of passengers
and cargo from one place to another through Philippine
(3) It shall be unlawful for any person, natural or juridical, Waters. It shall include all kinds and types of vessels or
to ship, load or carry in any passenger aircraft boats used in fishing.
operating as a public utility within the Philippines, and
explosive, flammable, corrosive or poisonous substance PHILIPPINE HIGHWAY
or material (Sec. 3).
It shall refer to any road, street, passage, highway and
(4) The shipping, loading or carrying of any substance or bridges or other parts thereof, or railway or railroad within
material mentioned in the preceding section in any the Philippines used by persons, or vehicles, or locomotives
cargo aircraft operating as a public utility within the or trains for the movement or circulation of persons or
Philippines shall be in accordance with regulations transportation of goods, articles, or property or both.
issued by the Civil Aeronautics Administration (Sec. 4).


PIRACY means or similar schemes:
Any attack upon or seizure of any vessel, or the taking away
of the whole or part thereof or its cargo, equipment, or the
(1) Through misappropriation, conversion, misuse, or
personal belongings of its complement or passengers,
malversation of public funds or raids on the public
irrespective of the value thereof, by means of violence
treasury;
against or intimidation of persons or force upon things,
committed by any person, including a passenger or member
of the complement of said vessel, in Philippine waters, shall
(2) By receiving, directly or indirectly, any commission,
be considered as piracy. The offenders shall be considered as
gift, share, percentage, kickbacks or any other form of
pirates and punished as hereinafter provided.
pecuniary benefit from any person and/or entity in
connection with any government contract or project or
by reason of the office or position of the public officer
HIGHWAY ROBBERY/BRIGANDAGE
concerned;
The seizure of any person for ransom, extortion or other
unlawful purposes, or the taking away of the property of
another by means of violence against or intimidation of (3) By the illegal or fraudulent conveyance or disposition
person or force upon things of other unlawful means, of assets belonging to the National Government or any
committed by any person on any Philippine Highway. of its subdivisions, agencies or instrumentalities or
government-owned or -controlled corporations and
their subsidiaries;
Section 4. Aiding pirates or highway robbers/brigands or abetting
piracy or highway robbery / brigandage. Any person who
knowingly and in any manner aids or protects pirates or (4) By obtaining, receiving or accepting directly or
highway robbers/brigands, such as giving them information indirectly any shares of stock, equity or any other form
about the movement of police or other peace officers of the of interest or participation including promise of future
government, or acquires or receives property taken by such employment in any business enterprise or undertaking;
pirates or brigands or in any manner derives any benefit
therefrom; or any person who directly or indirectly abets the
commission of piracy or highway robbery or brigandage, (5) By establishing agricultural, industrial or commercial
shall be considered as an accomplice of the principal monopolies or other combinations and/or
offenders and be punished in accordance with the Rules implementation of decrees and orders intended to
prescribed by the Revised Penal Code. benefit particular persons or special interests; or
ANTI-PLUNDER ACT (6) By taking undue advantage of official position,

authority, relationship, connection or influence to
(R.A. NO. 7080, AS AMENDED) unjustly enrich himself or themselves at the expense
and to the damage and prejudice of the Filipino people
PUBLIC OFFICER and the Republic of the Philippines.
Any person holding any public office in the Government of

the Republic of the Philippines by virtue of an appointment, DEFINITION OF PLUNDER; PENALTIES
election or contract. Any public officer who, by himself or in connivance with
members of his family, relatives by affinity or consanguinity,
NATIONAL GOVERNMENT business associates, subordinates or other persons, amasses,
accumulates or acquires ill-gotten wealth through a
Includes the National Government, and any of its combination or series of overt criminal acts as described in
subdivisions, agencies or instrumentalities, including Section 1 (d) hereof in the aggregate amount or total value of
government-owned or -controlled corporations and their at least Fifty million pesos (P50,000,000.00) shall be guilty of
subsidiaries. the crime of plunder and shall be punished by reclusion
perpetua to death. Any person who participated with the
said public officer in the commission of an offense
PERSON contributing to the crime of plunder shall likewise be
punished for such offense. In the imposition of penalties, the
Includes any natural or juridical person, unless the context
degree of participation and the attendance of mitigating and
indicates otherwise.
extenuating circumstances, as provided by the Revised Penal
Code, shall be considered by the court. The court shall
declare any and all ill-gotten wealth and their interests and
ILL-GOTTEN WEALTH
other incomes and assets including the properties and shares
Any asset, property, business enterprise or material of stocks derived from the deposit or investment thereof
possession of any person within the purview of Section Two forfeited in favor of the State. (As amended by RA 7659)
(2) hereof, acquired by him directly or indirectly through
dummies, nominees, agents, subordinates and/or business
associates by any combination or series of the following


ANTI-SEXUAL HARASSMENT D. When the sexual advances result in an
intimidating, hostile or offensive
(R.A. NO. 7877) environment for the student, trainee or
apprentice.
WORK, EDUCATION OR TRAINING-RELATED
SEXUAL HARASSMENT; DEFINED
Any person who directs or induces
Work, education or training-related sexual harassment is another to commit any act of sexual
committed by an employer, employee, manager, supervisor, harassment as herein defined, or who
agent of the employer, teacher, instructor, professor, coach, cooperates in the commission thereof by
trainor, or any other person who, having authority, influence another without which it would not
or moral ascendancy over another in a work or training or have been committed, shall also be held
education environment, demands, requests or otherwise liable under this Act.
requires any sexual favor from the other, regardless of
whether the demand, request or requirement for submission
is accepted by the object of said Act. Liability Of The Employer, Head Of Office, Educational
Or Training Institution.
(1) In a work-related or employment
environment, sexual harassment is The employer or head of office, educational or training
committed when: institution shall be solidarily liable for damages arising from
A. The sexual favor is made as a condition the acts of sexual harassment committed in the employment,
in the hiring or in the employment, re- education or training environment if the employer or head
employment or continued employment of office, educational or training institution is informed of
of said individual, or in granting said such acts by the offended party and no immediate action is
individual favorable compensation, taken.
terms of conditions, promotions, or
privileges; or the refusal to grant the
sexual favor results in limiting, Penalties
segregating or classifying the employee Any person who violates the provisions of this Act shall,
which in any way would discriminate,
upon conviction, be penalized by imprisonment of not less
deprive or diminish employment than one (1) month nor more than six (6) months, or a fine of
opportunities or otherwise adversely not less than Ten thousand pesos (P10,000) nor more than
affect said employee; Twenty thousand pesos (P20,000), or both such fine and
imprisonment at the discretion of the court.
B. The above acts would impair the

employee's rights or privileges under
ANTI-TORTURE ACT
existing labor laws; or (R.A. No. 9745)
C. The above acts would result in an TORTURE

intimidating, hostile, or offensive
environment for the employee. Refers to an act by which severe pain or suffering, whether
physical or mental, is intentionally inflicted on a person for
such purposes as obtaining from him/her or a third person
(2) In an education or training environment, information or a confession; punishing him/her for an act
sexual harassment is committed: he/she or a third person has committed or is suspected of
A. Against one who is under the care, having committed; or intimidating or coercing him/her or a
custody or supervision of the offender; third person; or for any reason based on discrimination of
any kind, when such pain or suffering is inflicted by or at the
instigation of or with the consent or acquiescence of a person
B. Against one whose education, training, in authority or agent of a person in authority. It does not
apprenticeship or tutorship is entrusted include pain or Buffering arising only from, inherent in or
to the offender; incidental to lawful sanctions.
OTHER CRUEL, INHUMAN AND DEGRADING

C. When the sexual favor is made a TREATMENT OR PUNISHMENT
condition to the giving of a passing
grade, or the granting of honors and Refers to a deliberate and aggravated treatment or
scholarships, or the payment of a punishment not enumerated under Section 4 of this Act,
stipend, allowance or other benefits, inflicted by a person in authority or agent of a person in
privileges, or consideration; or authority against a person under his/her custody, which
attains a level of severity causing suffering, gross
humiliation or debasement to the latter.


VICTIM H. Mutilation or amputation of the essential parts of

the body such as the genitalia, ear, tongue, etc.;
Refers to the person subjected to torture or other cruel,
inhuman and degrading treatment or punishment as defined
above and any individual who has suffered harm as a result
I. Dental torture or the forced extraction of the teeth;
of any act(s) of torture, or other cruel, inhuman and
degrading treatment or punishment. J. Pulling out of fingernails;
ORDER OF BATTLE K. Harmful exposure to the elements such as sunlight

and extreme cold;
Refers to any document or determination made by the
military, police or any law enforcement agency of the
government, listing the names of persons and organizations
L. The use of plastic bag and other materials placed
that it perceives to be enemies of the State and that it
over the head to the point of asphyxiation;
considers as legitimate targets as combatants that it could
deal with, through the use of means allowed by domestic
and international law.
M. The use of psychoactive drugs to change the
perception, memory. alertness or will of a person,
such as:
ACTS OF TORTURE
For purposes of this Act, torture shall include, but not be
limited to, the following:
• The administration or drugs to induce
confession and/or reduce mental
competency; or
(1) Physical torture is a form of treatment or punishment
inflicted by a person in authority or agent of a person in
authority upon another in his/her custody that causes
severe pain, exhaustion, disability or dysfunction of one • The use of drugs to induce extreme pain or
or more parts of the body, such as: certain symptoms of a disease; and
A. Systematic beating, headbanging, punching, N. Other analogous acts of physical torture; and
kicking, striking with truncheon or rifle butt or
other similar objects, and jumping on the stomach;
(2) "Mental/Psychological Torture" refers to acts

B. Food deprivation or forcible feeding with spoiled committed by a person in authority or agent of a person
food, animal or human excreta and other stuff or in authority which are calculated to affect or confuse
substances not normally eaten; the mind and/or undermine a person's dignity and
morale, such as:
C. Electric shock; A. Blindfolding;
D. Cigarette burning; burning by electrically heated B. Threatening a person(s) or his/fher

rods, hot oil, acid; by the rubbing of pepper or relative(s) with bodily harm, execution
other chemical substances on mucous membranes, or other wrongful acts;
or acids or spices directly on the wound(s);
C. Confinement in solitary cells or secret

E. The submersion of the head in water or water detention places;
polluted with excrement, urine, vomit and/or
blood until the brink of suffocation;
D. Prolonged interrogation;
F. Being tied or forced to assume fixed and stressful

bodily position; E. Preparing a prisoner for a "show trial",
public display or public humiliation of a
detainee or prisoner;
G. Rape and sexual abuse, including the insertion of
foreign objects into the sex organ or rectum, or
electrical torture of the genitals; F. Causing unscheduled transfer of a
person deprived of liberty from one


place to another, creating the belief that In which case, the Philippine National Police (PNP), the
he/she shall be summarily executed; Armed Forces of the Philippines (AFP) and other law
enforcement agencies concerned shall make an updated list
of all detention centers and facilities under their respective
G. Maltreating a member/s of a person's jurisdictions with the corresponding data on the prisoners or
family; detainees incarcerated or detained therein such as, among
others, names, date of arrest and incarceration, and the crime
or offense committed. This list shall be made available to the
H. Causing the torture sessions to be public at all times, with a copy of the complete list available
witnessed by the person's family, at the respective national headquarters of the PNP and AFP.
relatives or any third party; A copy of the complete list shall likewise be submitted by
the PNP, AFP and all other law enforcement agencies to the
Commission on Human Rights (CHR), such list to be
I. Denial of sleep/rest; periodically updated, by the same agencies, within the first
five (5) days of every month at the minimum. Every regional
office of the PNP, AFP and other law enforcement agencies
J. Shame infliction such as stripping the shall also maintain a similar list far all detainees and
person naked, parading him/her in detention facilities within their respective areas, and shall
public places, shaving the victim's head make the same available to the public at all times at their
or putting marks on his/her body respective regional headquarters, and submit a copy
against his/her will; updated in the same manner provided above, to the
respective regional offices of the CHR.
K. Deliberately prohibiting the victim to

communicate with any member of Section 13. Who are Criminally Liable. - Any person who
his/her family; and actually participated Or induced another in the commission
of torture or other cruel, inhuman and degrading treatment
or punishment or who cooperated in the execution of the act
L. Other analogous acts of of torture or other cruel, inhuman and degrading treatment
mental/psychological torture. or punishment by previous or simultaneous acts shall be
liable as principal
Any superior military, police or law enforcement officer or
senior government official who issued an order to any lower
Section 5. Other Cruel, Inhuman and Degrading Treatment or ranking personnel to commit torture for whatever purpose
Punishment. - Other cruel, inhuman or degrading treatment shall be held equally liable as principals.
or punishment refers to a deliberate and aggravated The immediate commanding officer of the unit concerned of
treatment or punishment not enumerated under Section 4 of the AFP or the immediate senior public official of the PNP
this Act, inflicted by a person in authority or agent of a and other law enforcement agencies shall be held liable as a
person in authority against another person in custody, which principal to the crime of torture or other cruel or inhuman
attains a level of severity sufficient to cause suffering, gross and degrading treatment or punishment for any act or
humiliation or debasement to the latter. The assessment of omission, or negligence committed by him/her that shall
the level of severity shall depend on all the circumstances of have led, assisted, abetted or allowed, whether directly or
the case, including the duration of the treatment or indirectly, the commission thereof by his/her subordinates.
punishment, its physical and mental effects and, in some If he/she has knowledge of or, owing to the circumstances at
cases, the sex, religion, age and state of health of the victim. the time, should have known that acts of torture or other
cruel, inhuman and degrading treatment or punishment
shall be committed, is being committed, or has been
Section 6. Freedom from Torture and Other Cruel, Inhuman and committed by his/her subordinates or by others within
Degrading Treatment or Punishment, An Absolute Bight. - his/her area of responsibility and, despite such knowledge,
Torture and other cruel, inhuman and degrading treatment did not take preventive or corrective action either before,
or punishment as criminal acts shall apply to all during or immediately after its commission, when he/she
circumstances. A state of war or a threat of war, internal has the authority to prevent or investigate allegations of
political instability, or any other public emergency, or a torture or other cruel, inhuman and degrading treatment or
document or any determination comprising an "order of punishment but failed to prevent or investigate allegations
battle" shall not and can never be invoked as a justification of such act, whether deliberately or due to negligence shall
for torture and other cruel, inhuman and degrading also be liable as principals.
treatment or punishment.
Any public officer or employee shall be liable as an accessory

Section 7. Prohibited Detention. - Secret detention places, if he/she has knowledge that torture or other cruel, inhuman
solitary confinement, incommunicado or other similar forms and degrading treatment or punishment is being committed
of detention, where torture may be carried out with and without having participated therein, either as principal
impunity are hereby prohibited. or accomplice, takes part subsequent to its commission in
any of the following manner:


(1) The trafficked person is a child;
(1) By themselves profiting from or assisting the (2) The inter-country adoption is effected for purposes
offender to profit from the effects of the act of
of prostitution, pornography, sexual exploitation,
torture or other cruel, inhuman and
forced labor, slavery, involuntary servitude and
degrading treatment or punishment;
debt bondage;
(3) Trafficking is committed by a syndicate (large-

(2) By concealing the act of torture or other cruel,
scale);
inhuman and degrading treatment or
punishment and/or destroying the effects or
(4) Offender is an ascendant, parent, sibling, guardian
instruments thereof in order to prevent its
or otherwise exercises authority over the trafficked
discovery; or(c) By harboring, concealing or
assisting m the escape of the principal/s in person or a public officer or employee;
the act of torture or other cruel, inhuman and
(5) Trafficking is made for purposes of engaging in
degrading treatment or punishment:
Provided, That the accessory acts are done prostitution with law enforcement/military
with the abuse of the official's public agencies;
functions.
(6) Offender is a member of law enforcement/military
agencies;
ANTI-TRAFFICKING OF PERSONS ACT (7) By reason of trafficking, the victim dies, becomes
OF 2003 insane, suffers mutilation or is infected with HIV
virus/ AIDS.
(R.A. NO. 9208)
ANTI-VIOLENCE AGAINST WOMEN
Unlawful Acts
AND THEIR CHILDREN
(1) Recruiting, transporting, harboring, transferring, (R.A.NO. 9262)
providing or receiving persons, even under the pretext
of overseas employment, for purposes of prostitution, WOMAN, DEFINED AS A VICTIM
pornography, sexual exploitation, forced labor, slavery,
involuntary servitude and debt bondage; Offender’s wife, former wife, or a woman with whom the
offender has or had a sexual or dating relationship, or with
(2) Facilitating, for profit or consideration, introductions or whom he has a common child.
mail-order bride schemes between Filipinas and
foreigners for purposes of prostitution, pornography,
sexual exploitation, forced labor, slavery, involuntary CHILD, DEFINED AS A VICTIM
servitude and debt bondage;
The woman’ child whether legitimate or illegitimate, within
(3) Offering and contracting marriages for purposes of or without the family abode.
prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude and debt bondage;
VIOLENCE AGAINST WOMEN AND CHILDREN
(4) Organizing “sex” tours and similar travel packages; Any act or series of acts committed against the woman or
her child which result in or is likely to result in physical,
(5) Hiring persons for purposes of prostitution or sexual, psychological harm or suffering, or economic abuse
pornography; including threats of such acts, battery, assault, coercion,
harassment or arbitrary deprivation of liberty.
(6) Adopting children for purposes of prostitution,
pornography, sexual exploitation, forced labor, slavery,
involuntary servitude and debt bondage; PUNISHABLE ACTS
(1) Causing physical harm to the woman or her child;
(7) Engaging in illegal trade of body organs, incl.
Abducting and forcing persons to sell/donate (2) Threatening to cause the woman or her child physical
organs/tissues; harm;
(8) Adopting/recruiting child soldiers for armed conflict; (3) Attempting to cause the woman or her child physical
harm;
Sec. 5 also penalizes acts that promote, facilitate or otherwise (4) Placing the woman or her child in fear of imminent
assist in the commission of the acts enumerated in Sec. 4. physical harm;
Under Sec. 6, trafficking is qualified when:


(5) Attempting to compel or compelling the woman or her
child to engage in conduct which the woman or her (9) Causing mental or emotional anguish, public ridicule or
child has the right to desist from or desist from conduct humiliation to the woman or her child, including, but
which the woman or her child has the right to engage not limited to, repeated verbal and emotional abuse,
in, or attempting to restrict or restricting the woman's and denial of financial support or custody of minor
or her child's freedom of movement or conduct by force children of access to the woman's child/children.
or threat of force, physical or other harm or threat of
physical or other harm, or intimidation directed against
the woman or child. Conspiracy in RA 9262
A person who has no marital, sexual or dating relationship
This shall include, but not limited to, the following acts with the victim, can be held liable for
committed with the purpose or effect of controlling or violence against women on the basis of conspiracy.
restricting the woman's or her child's movement or
conduct:
BOUNCING CHECKS LAW
A. Threatening to deprive or actually depriving the
woman or her child of custody to her/his (B.P. BLG. 22)
family;
B. Depriving or threatening to deprive the woman or

PUNISHABLE ACTS
her children of financial support legally due her or
her family, or deliberately providing the woman's (1) Making or drawing and issuing a check knowing at the
children insufficient financial support; time of issue that he does not have sufficient funds.
C. Depriving or threatening to deprive the woman or ELEMENTS:

her child of a legal right; A. A person draws a check;
D. Preventing the woman in engaging in any B. The check is made or drawn and issued to apply
legitimate profession, occupation, business or on account or for value;
activity or controlling the victim's own money or
properties, or solely controlling the conjugal or C. The person knows that at the time of issue he does
common money, or properties; not have sufficient funds in or credit with the
drawee bank for the payment of such check upon
(6) Inflicting or threatening to inflict physical harm on its presentment;
oneself for the purpose of controlling her actions or
decisions; (2) The check is subsequently dishonored by the drawee
bank for the insufficiency of funds or would have been
(7) Causing or attempting to cause the woman or her child dishonored for the same reason had not the drawer,
to engage in any sexual activity which does not without any valid reason ordered the bank to stop
constitute rape, by force or threat of force, physical payment.
harm, or through intimidation directed against the
woman or her child or her/his immediate family; (3) Failing to keep sufficient funds to cover check if
presented within a period of 90 days from the date
(8) Engaging in purposeful, knowing, or reckless conduct, appearing thereon.
personally or through another, that alarms or causes
substantial emotional or psychological distress to the
woman or her child. This shall include, but not be ELEMENTS
limited to, the following acts: (1) A person has sufficient funds with the drawee bank
when he makes or issues a check;
A. Stalking or following the woman or her child
in public or private places;
(2) He fails to keep sufficient funds or to maintain a credit to
cover the full amount if presented within a period of 90
B. Peering in the window or lingering outside
days from the date appearing thereon;
the residence of the woman or her child;
(3) The check is dishonored.
C. Entering or remaining in the dwelling or on
the property of the woman or her child
against her/his will; CONSPIRACY IN BP 22
D. Destroying the property and personal If there is no express proscription of the supplementary
belongings or inflicting harm to animals or application of the provisions including the rule on
pets of the woman or her child; and conspiracy, such rule may be applied supplementarily. [Go-
Tan v Tan, 2008]
E. Engaging in any form of harassment or
violence; Note: Prosecution under this law shall be without prejudice


to any liability for any violation in the RPC. dangerous drug and/or controilled precursor and essential
chemical.
COMPREHENSIVE DANGEROUS DRUGS
(R.A. NO. 9165) UNLAWFUL ACTS AND PENALTIES
(1) The penalty of life imprisonment to death and a
ADMINISTER fine ranging from five hundred thusand pesos
(P500,000.00) to ten million pesos (P10,000,000.00)
Any act of introducing any dangerous drug into the body of - those acts which include or involve any
any person, with/without his or her knowledge, by dangerous drugs (sections 4, 5, 6, 8, 11, 16 and 19).
injection, inhalation, ingestion, or other means, or of
committing any act of indispensable assistance to a person in (2) The penalty of twelve (12) years of imprisonment
administering a dangerous drug to himself/herself unless and a fine ranging from one hundred thousand
administered by a duly licensed practitioner for purpose of pesos (P100,000.00) to five hundred thousand
medication. thousand pesos (P500,000.00)
A. Those acts which involve any controlled

CHEMICAL DIVERSION precursor and essential chemical (sections 4, 5,
6, 8, 9 and 10)
The sale, distribution, supply or transport of legitimately
imported, in-transit, manufactured or procured controlled B. Anyone who acts as a “protector/coddler” of
precursors, and essential chemicals, in diluted, mixtures or any violator of the provisions under sections 4,
in concentrated form, to any person or entity engaged in the 5, 6, 8 and 16.
manufacture of any dangerous drug, and shall include
packaging, repackaging, labeling, relabeling or concealment C. Sections 7, 10, 16 and 17.
of such transaction through fraud, destruction of
documents, fraudulent use of permits, misdeclaration, use of (3) The maximun penalty provided for under sections
front companies or mail fraud. 4, 5, 6, 8 and 16 shall be imposed upon any person,
who organizes, manages or acts as a “financier” of
any of the illegal activities prescribed in those
CONTROLLED PRECURSORS AND ESSENTIAL
sections.
CHEMICALS
(4) Any person charged under the provision of this Act
Include those listed in Tables I and II of the 1998 UN
regardless of the imposable penalty shall not be
Convention Against Illicit Traffic in Narcotic Drugs and
allowed to avail of the provision on plea-
Psychotropic Substances.
bargaining. [Sec. 23, Art. II, RA 9165]
DEN, DRIVE, RESORT

Any person convicted for drug trafficking or pushing under
this Act, regardless of the penalty imposed by the Court,
A place where any dangerous drug and/or comtrolled
cannot avail of the privilege granted by the Probation Law or
precursor and essential chemical is administered, delivered,
Presidential Decree No. 968, as amended. [Sec. 24, Article II,
stored for illegal purposes, distributed, sold or used in any
RA 9165]
form.
Notwithstanding the provisions of any law to the contrary, a
DRUG DEPENDENCE
positive finding for the use of dangerous drugs shall be a
A clusted of physiological, behavioral, and cognitive
qualifying aggravating circumstance in the commission of a
phenomena of variable intensity, in which the use of
crime by an offender, and the application of the penalty
psychoactive drug takes on a high priority thereby
provided for in the Revised Penal Code shall be applicable.
involving, among other, a strong desire or a sense of
[Sec. 25, Article II, RA 9165]
compulsion to take the substance and the difficulties in
controlling substance-taking behavior in terms of its onset,
The maximum penalties of the unlawful acts provided for in
termination, or levels of use.
this Act shall be mposed, in addition to absolute perpetual
disqualification from any public office, if those fornd guilty
of such unlawful acts are government official and
DRUG SYNDICATE
employees. [Section 28, Article II, RA 9165]
Any organized group of two or more persons forming or
joining together with the intention of committing any offense
Any person who is found guilty of “planting” any
prescribed.
dangerous drug and/or controlled precursor and essential
chemical, regardless of quantity and purity, shall suffer the
penalty of death. [Section 29, Article II, RA 9165]
ILLEGAL TRAFFICKING
The illegal cultivation, culture, delivery, administration,
In case any violation of this Act is committed by a
dispensation, manufacture, sale, trading, transportation,
partnership, corporation, association or any juridical entity,
distribution, importation, exportation and possession of any


the partner, president, director, manager, trustee, estate
administrator, or officer who consents to or knowingly OTHER IMPORTANT POINTS
tolerates such violation shall be held criminally liable as a co-
principal. [Section 30, Article II, RA 9165]
VOLUNTARY SUBMISSION FOR TREATMENT AND
REHABILITATION:
In addition to the penalties prescribed in the unlawful act
committed, any alien who violates such provisions of this Section 54, Article III:
Act shall, after service of sentence, be deported immediately The drug dependent may, by himself/herself or through
without further proceedings, unless the penalty is death. his/her parent, spouse, guardian or relative within fourth
[Section 31, Article II, RA 9165] degree of consanguinity or affinity, apply to the Board or its
duly recognized representative, for treatment and
rehabilitation of the drug dependency.
ACCESSORY PENALTIES
A person convicted under this Act shall be disqualified to Upon such application, the Board shall bring forth the matter
exercise his/her civil rights such as but not limited to: to the Court which shall order that the applicant be
(1) The rights of parental authority or examined for drug dependency.
guardianship, either as to the person or
property of any award. COMPULSORY CONFINEMENT:
Notwithstanding any law, rule and regulation to the
(2) The rights to dispose of such property by any contrary, any person determined and found to be dependent
act or any conveyance inter vivos, on dangerous drugs shall, upon petition by the Board or any
of its authorized representative, be confined for treatment
(3) And political rights such as but not limited to, and rehabilitation in any Center duly designated or
accredited for the purpose.
(4) The right to vote and be voted for.
Section 61, Article III:
(5) Such rights shall also be suspended durng the
A petition for the confinement of a person alleged to be
pendency of an appeal from such conviction. dependent on dangerous drugs to a Center may be filed by
[Section 35, Article II, RA 9165] any person authorized by the Board with the Regional Trial
Court of the province or city where such person is found.
Possessiom of marijuana is absorbed in the sale thereof, Time of confinement for treatment and rehabilitation:
except where the seller is further apprehended in possession
of another quantity of the prohibited drugs not covered by Section 54, Article VIII:
or included in the sale and which are probably intended for Confinement in a Center for the treatment and rehabilitation
some future dealing or use by the seller.123 shall not exceed one (1) year, after which time the Court, as
well as the Board, shall be apprised by the head of the
treatment and rehabilitation center of the status of said drug
DANGEROUS DRUGS TEST AND RECORD dependent and determine whether further confinement will
REQUIREMENTS be for the welfare of the drug depazsendent and his/her
Sec. 36 – Authorized drug testing family or the community.
(1) Applicants for driver’s license
(2) Applicants for firearm’s license and for permit to Sec. 55, Article VIII.
carry firearms outside of residence
A drug dependent who is under the voluntary
(3) Students of secondary and tertiary schools submission program and is finally discharged from
confinement in the Center be exempt from criminal
(4) Officers and employees of public and private offices liability if:
(5) Officers and members of the military, police and

other law enforcement agencies He/she has complied with the rules and regulations of the
center, the applicable rules and regulations of the Board,
(6) Concerning mandatory drug testing for all persons
including the after-care and follow-up program for at least
charged with crimes declared unconstitutional
eighteen (18) months following temporary discharge from
because it violates the right against self- the confinement in the Center;
incrimination.
He/she has never been charged or convicted of any offense
(7) Concerning mandatory drug testing for candidates punishable under this Act, the Dangerous Drugs Act of 1972
for public office is also unconstitutional. [SJS v. or RA Ni. 6425, as amended; the Revised Penal Code, as
Dangerous Drugs Board] amended; or any special penal laws;
He/she has no record of escape from a Center;

123 Peple v. Lacerna


He/she poses no serious danger to himself/herself, hi/her
family or the community by his/her exemption from
criminal liability. (4) Unlawfully taking, selling or otherwise disposing
of parts of firearms or ammunition which the
licensed firearms dealer, in which the offender, who
Sec. 82, Article IX. Philippine Drug Enforcement is a laborer, worker, or employee, manufactures
Agency. and sells, and other materials used by the company
in the manufacture or sale of firearms or
Serves as the implementing arm of the Dangerous Drug ammunition.
Board. It shall be responsible for the efficient and
effective law enforcement of all the provisions on any
dangerous drug and/or controlled precursor and
essential chemical as provided in this Act. Note: The buyer or possessor of such stolen part or
material, who is aware that such part or material
was stolen, shall suffer the same penalty as the
DRUG TESTING
laborer, worker or employee. [Sec. 32]
To impose a mandatory drug testing on any “person
apprehended or arrested” is a blatant attempt to harness a
medical test as a tool for criminal prosecution, contrary to
the stated objectives of RA 9165. Drug testing in this case
(5) Importing, exporting, acquiring, selling, or
would violate a person’s right to privacy guaranteed under
delivering, moving, or transferring firearms, their
Sec.2, Art. III of the Constitution. Worse still, the accused
components and ammunition, from or across the
persons are veritably forced to incriminate themselves. [De la
Cruz v. People (2014), citing SJS v. Dangerous Drugs Board] territory of one country to that of another country
which has not been authorized in accordance with
N.B.: Drug testing in pursuance of RA 9165 should be domestic law in either or both country/countries
“random and suspicionless.” a.k.a. “arms smuggling” [Sec. 33, Sec. 3(d)]
ILLEGAL POSSESSION OF FIREARMS

(6) Tamper, obliterating or altering without authority
(P.D. NO. 1866, AS AMENDED BY R.A. NO. the barrel, slide, frame, receiver, cylinder, or bolt
8294 AND R.A. NO. 10591) assembly, including the name of the maker, model,
or serial number of any firearm, or who shall
replace without authority the barrel, slide, frame,
PUNISHABLE ACTS receiver, cylinder, or bolt assembly, including its
(1) Unlawful acquisition or possession of firearms and individual or peculiar identifying characteristics
ammunition [Sec. 28, see “Lawful Acquisition or essential in forensic examination of a firearm or
Possession of Firearms and Ammunition”] light weapon [Sec. 34]
(2) Carrying a licensed firearm outside his or her (7) Committing any of the other punishable acts using
residence without any legal authority [Sec. 31] an “imitation firearm” or replica of a firearm, or
other device that is so substantially similar in
coloration and overall appearance to an existing
firearm as to lead a reasonable person to believe
(3) Unlawfully engaging in the manufacture,
that such imitation firearm is a real firearm [Sec. 35,
importation, sale or disposition of a firearm or
Sec. 3(q)]
ammunition, or a major part of a firearm or
ammunition, or machinery, tool or instrument used Willfully and maliciously inserting, placing, and/or
or intended to be used by the same person in the attaching, directly or indirectly, through any overt or covert
manufacture of a firearm, ammunition [Sec. 32] act, any firearm, or ammunition, or parts thereof in the
person, house, effects, or in the immediate vicinity of an
innocent individual for the purpose of implicating or
Note: The possession of any machinery, tool or incriminating the person, or imputing the commission of any
instrument used directly in the manufacture of violation of the provisions of this Act to said individual
firearms, ammunition, or major parts thereof by any a.k.a. “Planting Evidence” (Sec. 38)
person whose business, employment or activity does
LAWFUL ACQUISITION OR POSSESSION OF FIREARMS
not lawfully deal with the possession of such article, AND AMMUNITION
shall be prima facie evidence that such article is intended
to be used in the unlawful or illegal manufacture of (1) Qualifying and acquiring a license to own and
firearms, ammunition or parts thereof. [Sec. 32] possess a firearm [Sec. 4]


AGGRAVATING CIRCUMSTANCE: INHERENT IN THE
COMMISSION OF RPC CRIME
In order to qualify and acquire a license to own and
possess a firearm or firearms and ammunition, the
applicant must be a Filipino citizen, at least twenty-one The use of a loose firearm, when inherent in the commission
(21) years old and has gainful work, occupation or of a crime punishable under the Revised Penal Code or other
business or has filed an Income Tax Return (ITR) for the special laws, shall be considered as an aggravating
preceding year as proof of income, profession, business circumstance: Provided, That if the crime committed with the
use of a loose firearm is penalized by the law with a
or occupation.
maximum penalty which is lower than that prescribed in the
In addition, the applicant shall submit the following preceding section for illegal possession of firearm, the
penalty for illegal possession of firearm shall be imposed in
certification issued by appropriate authorities attesting the
lieu of the penalty for the crime charged: Provided, further,
following:
That if the crime committed with the use of a loose firearm is
penalized by the law with a maximum penalty which is
A. The applicant has not been convicted of any crime
equal to that imposed under the preceding section for illegal
involving moral turpitude;
possession of firearms, the penalty of prision mayor in its
minimum period shall be imposed in addition to the penalty
B. The applicant has passed the psychiatric test
for the crime punishable under the Revised Penal Code or
administered by a PNP-accredited psychologist or
other special laws of which he/she is found guilty.
psychiatrist;
C. The applicant has passed the drug test conducted by

ABSORBED: REBELLION, INSURRECTION OR
an accredited and authorized drug testing
ATTEMPTED COUP D’ ETAT
laboratory or clinic;
If the violation of this Act is in furtherance of, or incident to,
or in connection with the crime of rebellion or insurrection,
D. The applicant has passed a gun safety seminar which
or attempted coup d’ etat, such violation shall be absorbed as
is administered by the PNP or a registered and
an element of the crime of rebellion or insurrection, or
authorized gun club;
attempted coup d’ etat.
E. The applicant has filed in writing the application to
WHEN SEPARATE AND DISTINCT OFFENSE
possess a registered firearm which shall state the
If the crime is committed by the person without using the
personal circumstances of the applicant;
loose firearm.
F. The applicant must present a police clearance from
the city or municipality police office; and INDETERMINATE SENTENCE LAW
(R.A. NO. 4103, AS AMENDED)
G. The applicant has not been convicted or is currently
an accused in a pending criminal case before any
court of law for a crime that is punishable with a
penalty of more than two (2) years. CONCEPT OF INDETERMINATE SENTENCE
(2) Acquiring or purchasing firearms and ammunition

[Sec. 21] It is a sentence with a minimum term and a maximum term
which, the court is mandated to impose for the benefit of a
guilty person who is not disqualified therefore, when the
maximum imprisonment exceeds one (1) year. It applies to
Firearms and ammunition may only be acquired or both violations of Revised Penal Code and special laws.
purchased from authorized dealers, importers or local
manufacturers and may be transferred or sold only
SENTENCE IN THE ISL
from a licensed citizen or licensed juridical entity to
another licensed citizen or licensed juridical entity: Sentence in the ISL
Provided, That, during election periods, the sale and
registration of firearms and ammunition and the If the penalty is imposed If the penalty is imposed by
issuance of the corresponding licenses to citizens shall by the RPC Special Penal Laws
be allowed on the condition that the transport or
delivery thereof shall strictly comply with the Maximum Term
issuances, resolutions, rules and regulations
That which could be Must not exceed the
promulgated by the Commission on Elections.
properly imposed under maximum term fixed by said
the RPC, considering the law.
aggravating and
mitigating circumstances
Minimum term


Within the range of the Must not be less than the
(10) Art. 71(Scale no. 1) – Graduated Scales
penalty one degree minimum term prescribed
lower than that by the same.
• The modifying circumstances are considered only in
prescribed by the RPC,
without considering the Note: For special laws, it is the imposition of the maximum term of the
circumstances. anything within the indeterminate sentence (They are not considered in
inclusive range of the fixing the minimum).
Note: BUT when there is prescribed penalty. Courts
• BUT a first-time recidivist may be given the benefits of
a privileged mitigating are given discretion in the
the ISL.
circumstance, so that the imposition of the
penalty has to be indeterminate penalty. The
lowered by one degree, aggravating and mitigating
the STARTING POINT circumstances are not
for determining the considered unless the special BAR 1999, 2003
minimum term of the law adopts the same
indeterminate penalty is terminology for penalties as When benefit of the ISL is not applicable:
the penalty next lower those used in the RPC (such
than that prescribed by as reclusion perpetua and the The Indeterminate Sentence Law shall NOT apply to the
the Code for the offense. like) following persons:
(1) Those sentenced to death penalty,

In imposing a prison sentence for an offense punished by the reclusion perpetua, or life imprisonment;
Revised Penal Code or special penal laws, the court shall
sentence the accused to an indeterminate sentence, which (2) Those convicted of treason, or conspiracy
has a maximum and a minimum term based on the penalty or proposal to commit treason;
which would have been ACTUALLY IMPOSED.
(3) Those convicted of misprision of treason,
• ISL application is mandatory, where imprisonment rebellion, sedition or espionage;
would exceed one year.
(4) Those convicted of piracy;
• BUT it is only mandatory when ISL would be (5) Habitual delinquents;

favorable to the accused; if it would result in
lengthening his prison sentence, ISL should NOT be (6) Those who have escaped from
applied. confinement as a prisoner, or evaded
sentence;
(7) Those granted with conditional pardon

• The following articles serves as suppletory provisions by the president, but subsequently
to the indeterminate sentence law: [Reyes] violated the terms thereof;
(1) Art. 46 – Penalty to be imposed upon (8) Those with a maximum term of
Principals in general imprisonment actually imposed does not
exceed 1 year;
(2) Art. 48 – Complex Crimes
(9) Those sentenced to the penalty of destierro
(3) Art. 50-57 – Penalties to be imposed upon or suspension only.
principals, accomplices, and accessories
in consummated, frustrated, or attempted
crimes.
RELEASE OF THE PRISONER ON PAROLE
(4) Art. 61 – Rules for graduating penalties
(5) Art. 62(5) – Habitual Delinquency The Boards of Pardons and Parole may authorize the release
of a prisoner on parole, after he shall have served the
(6) Art. 64 – Rules for the application of minimum penalty imposed on him, PROVIDED that:
penalties which contains three periods
(7) Art. 65 – Rule in cases in which the • Such prisoner is fitted by his training for release;
penalty is not composed of three periods
• There is reasonable probability that he will live and
(8) Art. 68 – Penalty to be imposed upon a remain at liberty without violating the law;
person under 18 years of age
• Such release will not be incompatible with the welfare of
(9) Art. 69 – Penalty to be imposed when the society.
crime committed is not wholly excusable


ENTITLEMENT TO FINAL RELEASE AND DISCHARGE • Maximum term – reclusion temporal which should
If during the period of surveillance, such paroled prisoner be imposed in the medium period. (art 64 par. 1)
shall:
• Minimum term – anywhere within the range of
(1) Show himself to be law-abiding citizen; and prision mayor the penalty next lower from reclusion
(2) Shall not violate any law. temporal.
• The board may issue a final certification in his favor (2) There is one ordinary mitigating circumstance
of his final release and discharge.
• Maximum term – reclusion temporal, in its
minimum period, after considering the
SANCTION FOR VIOLATION OF CONDITION OF THE mitigating circumstance.
PAROLE
When the paroled prisoner shall violate any of the • Minimum term- anywhere within the range of
conditions of his parole: prision mayor without reference to any of its
periods.
(1) The board may issue an order for his arrest; and
thereafter, (3) There is one aggravating circumstance
(2) The prisoner shall serve the remaining unexpired • Maximum term – reclusion temporal in its
portion of the maximum sentence for which he was maximum period after considering the
originally committed to prison. aggravating circumstance.
• Minimum term anywhere within the range of

REASONS FOR FIXING THE MAXIMUM AND MINIMUM prision mayor without reference to any of its
TERMS IN THE INDETERMINATE SENTENCE periods.
The minimum and maximum terms in the ISL must be fixed
because they are the basis for the following:
Under special law/s:
Individual X is convicted of illegal possession of firearms,
• Whenever a prisoner –
which is punishable by 1 year and 1 day to 5 years of
imprisonment.
A. Has served the MINIMUM penalty imposed on
him; and
Maximum term – shall not exceed 5 years as fixed by law.
B. Is fit for release of the prisoner on parole, upon
Minimum term – shall not be less than the minimum of 1
terms and conditions prescribed by the board.
year and 1 day prescribed by said law.
• But when the paroled prisoner violates any of the JUVENILE JUSTICE AND WELFARE ACT
condition of his parole during the period of
surveillance, he may be rearrested to serve the (R.A. NO. 9344, AS AMENDED BY R.A. NO.
remaining unexpired portion of the MAXIMUM 10630, AND IN RELATION TO P.D. NO.
sentence.
603)
• Even if a prisoner has already served the MINIMUM,
but he is not fitted for release on the parole, he shall JUVENILE JUSTICE AND WELFARE SYSTEM
continue to serve until the end of the MAXIMUM
term A system dealing with children at risk and children in
conflict with the law, which provides child-appropriate
• In fixing the minimum penalty, it is necessary for the proceedings, including programs and services for
court to consider the criminal first as an individual prevention, diversion, rehabilitation, re-integration and
and second as a member of society. aftercare to ensure their normal growth and development
[Sec. 4 (m), RA 9344].
ILLUSTRATION OF APPLICATION OF INDETERMINATE
SENTENCE LAW
RATIONALE
Under the Revised Penal Code:
A penalty of reclusion temporal was imposed upon the
Pursuant to Article 40 of the United Nations Convention on
individual X for committing homicide.
the Rights of the Child, the State recognizes the right of
every child alleged as, accused of, adjudged, or recognized
(1) There is a mitigating or aggravating circumstance as having infringed the penal law to be treated in a manner
consistent with the promotion of the child's sense of dignity


and worth, taking into account the child's age and (1) Where the imposable penalty for the crime committed
desirability of promoting his/her reintegration. Whenever is not more than six (6) years imprisonment, the law
appropriate and desirable, the State shall adopt measures for enforcement officer or Punong Barangay with the
dealing with such children without resorting to judicial assistance of the local social welfare and development
proceedings, providing that human rights and legal officer or other members of the LCPC shall conduct
safeguards are fully respected. It shall ensure that children mediation, family conferencing and conciliation and,
are dealt with in a manner appropriate to their well-being by where appropriate, adopt indigenous modes of
providing for, among others, a variety of disposition conflict resolution in accordance with the best interest
measures such as care, guidance and supervision orders, of the child with a view to accomplishing the
counseling, probation, foster care, education and vocational objectives of restorative justice and the formulation of
training programs and other alternatives to institutional a diversion program. The child and his/her family
care. shall be present in these activities.
(2) In victimless crimes where the imposable penalty is

CHILD IN CONFLICT WITH THE LAW not more than six (6) years imprisonment, the local
social welfare and development officer shall meet with
A person under the age of eighteen (18) years who is alleged the child and his/her parents or guardians for the
as, accused of, or adjudged as, having committed an offense development of the appropriate diversion and
under Philippine laws. [Secs. 4(c), 4(e), RA 9344] rehabilitation program, in coordination with the
BCPC;
DIVERSION (3) Where the imposable penalty for the crime committed
exceeds six (6) years imprisonment, diversion
An alternative, child appropriate process of determining the measures may be resorted to only by the court.
responsibility and treatment of a child in conflict with the
law on the basis of his/her social, cultural, economic,
psychological, or educational background without resulting COMMUNITY-BASED INTERVENTION PROGRAM
to formal court proceedings. [Sec. 4(i), RA 9344] FOR CHILDREN FIFTEEN YEARS OLD AND BELOW
(Sec. 20, RA 9344, as amended by RA 10630)
DIVERSION PROGRAM The authority which will have an initial contact with the
The program that the child in conflict with the law is child, in consultation with the local social welfare and
required to undergo after he/she is found responsible for an development officer, has the duty to immediately release the
offense without resorting to formal court proceedings. (Sec. child to the custody of his/her parents or guardian, or in the
4, RA 9344) absence thereof, the child’s nearest relative.
The child shall be subjected to a community-based

MINIMUM AGE OF CRIMINAL RESPONSIBILITY intervention program supervised by the local social welfare
(Sec. 6, RA 9344, as amended by RA 10630, 2013) and development officer, unless the best interest of the child
requires the referral of the child to a youth care facility or
A child fifteen (15) years of age or under at the time of the ‘Bahay Pag-asa’ managed by LGUs or licensed and/or
commission of the offense shall be exempt from criminal accredited NGOs monitored by the DSWD.
liability. However, the child shall be subjected to an The local social welfare and development officer shall
intervention program pursuant to Section 20 of this Act. determine the appropriate programs for the child who has
been released, in consultation with the child and the person
A child is deemed to be fifteen (15) years of age on the day of having custody over the child. If the parents, guardians or
the fifteenth anniversary of his/her birthdate. nearest relatives cannot be located, or if they refuse to take
custody, the child may be released to any of the following:
A child above fifteen (15) years but below eighteen (18) years
of age shall likewise be exempt from criminal liability and be (1) A duly registered nongovernmental or religious
subjected to an intervention program, unless he/she has organization;
acted with discernment, in which case, such child shall be
subjected to the appropriate proceedings in accordance with (2) A barangay official or a member of the Barangay
this Act. Council for the Protection of Children (BCPC);
The exemption from criminal liability herein established
does not include exemption from civil liability, which shall (3) A local social welfare and development officer; or,
be enforced in accordance with existing laws. when and where appropriate, the DSWD.
SYSTEM OF DIVERSION
(Sec. 23, RA 9344) If the child has been found by the local social welfare and
development officer to be dependent, abandoned, neglected
Children in conflict with the law shall undergo diversion or abused by his/her parents and the best interest of the
programs without undergoing court proceedings subject to child requires that he/she be placed in a youth care facility
the conditions herein provided: or ‘Bahay Pag-asa’, the child’s parents or guardians shall
execute a written authorization for the voluntary


commitment of the child: Provided, That if the child has no PUNISHABLE ACTS FOR THOSE INFRINGING ON
parents or guardians or if they refuse or fail to execute the THE RIGHTS OF THE CHILD
written authorization for voluntary commitment, the proper
petition for involuntary commitment shall be immediately (1) Prohibition against labeling and shaming [Sec. 60, RA
filed by the DSWD or the Local Social Welfare and 9344]
Development Office (LSWDO) pursuant to Presidential
Decree No. 603, as amended, otherwise known as ‘The Child In the conduct of the proceedings beginning from the
and Youth Welfare Code’ and the Supreme Court rule on initial contact with the child, the competent authorities
commitment of children: Provided, further, That the minimum must refrain from branding or labeling children as
age for children committed to a youth care facility or ‘Bahay young criminals, juvenile delinquents, prostitutes or
Pag-asa’ shall be twelve (12) years old. attaching to them in any manner any other derogatory
names. Likewise, no discriminatory remarks and
practices shall be allowed particularly with respect to
COMMISSION OF SERIOUS CRIMES OF CHILREN the child's class or ethnic origin.
ABOVE TWELVE YEARS OF AGE UP TO FIFTEEN
YEARS OF AGE
(Sec. 20 (a), RA 9344, as amended by RA 10630) (2) Other acts considered prejudicial and detrimental to the
child in conflict with the law [Sec. 61]
Serious crimes:
Parricide, murder, infanticide, kidnapping and serious A. Employment of threats of whatever kind and
illegal detention where the victim is killed or raped, robbery, nature;
with homicide or rape, destructive arson, rape, or
carnapping where the driver or occupant is killed or raped B. Employment of abusive, coercive and punitive
or offenses under Republic Act No. 9165 [Comprehensive measures such as cursing, beating, stripping, and
Dangerous Drugs Act of 2002] punishable by more than solitary confinement;
twelve (12) years of imprisonment.
C. Employment of degrading, inhuman end cruel
The child is deemed a neglected child under Presidential forms of punishment such as shaving the heads,
Decree No. 603, as amended, and shall be mandatorily pouring irritating, corrosive or harmful substances
placed in a special facility within the youth care faculty or over the body of the child in conflict with the law,
‘Bahay Pag-asa’ called the Intensive Juvenile Intervention and or forcing him/her to walk around the community
Support Center (IJISC). wearing signs which embarrass, humiliate, and
degrade his/her personality and dignity; and
In accordance with existing laws, rules, procedures and
guidelines, the proper petition for involuntary commitment D. Compelling the child to perform involuntary
and placement under the IJISC shall be filed by the local servitude in any and all forms under any and all
social welfare and development officer of the LGU where the instances.
offense was committed, or by the DSWD social worker in the
local social welfare and development officer’s absence,
within twenty-four (24) hours from the time of the receipt of (3) General violations of the provisions of the Act or its
a report on the alleged commission of said child. Rules and Regulations (Sec. 62)
The court, where the petition for involuntary commitment

has been filed shall decide on the petition within seventy- AGGRAVTING CIRCUMSTANCE
two (72) hours from the time the said petition has been filed (Sec. 20 (c), RA 9344, as amended by RA 10630)
by the DSWD/LSWDO. The court will determine the initial
period of placement of the child within the IJISC which shall Making use, taking advantage of, or profiting from the use
not be less than one (1) year. The multi-disciplinary team of of children in the commission of a crime results in the
the IJISC will submit to the court a case study and progress imposition of the penalty prescribed by law for the crime
report, to include a psychiatric evaluation report and committed in its maximum period.
recommend the reintegration of the child to his/her family
or the extension of the placement under the IJISC. The multi- OBSTRUCTION OF JUSTICE
disciplinary team will also submit a report to the court on
the services extended to the parents and family of the child (P.D. NO. 1829)
and the compliance of the parents in the intervention
program. The court will decide whether the child has
successfully completed the center-based intervention PUNISHABLE ACTS
program and is already prepared to be reintegrated with
his/her family or if there is a need for the continuation of the (1) Knowingly or willfully obstructing, impeding,
center-based rehabilitation of the child. The court will frustrating or delaying the apprehension of suspects
determine the next period of assessment or hearing on the and the investigation and prosecution of criminal cases
commitment of the child." by committing any of the following acts [Sec. 1]:
A. Preventing witnesses from testifying in any

criminal proceeding or from reporting the


commission of any offense or the identity of any imposed.
offender/s by means of bribery,
misrepresentation, deceit, intimidation, force or
threats; OFFENDER IS A PUBLIC OFFICER
He shall in addition to the penalties provided thereunder,
B. Altering, destroying, suppressing or concealing suffer perpetual disqualification from holding public office.
any paper, record, document, or object, with intent
to impair its verity, authenticity, legibility,
availability, or admissibility as evidence in any PROBATION LAW
investigation of or official proceedings in, criminal
cases, or to be used in the investigation of, or (P.D. NO. 968, AS AMENDED)
official proceedings in, criminal cases;
C. Harboring or concealing, or facilitating the escape PROBATION

of, any person he knows, or has reasonable
ground to believe or suspect, has committed any Disposition under which a defendant, after conviction and
offense under existing penal laws in order to sentence, is released subject to conditions imposed by the
prevent his arrest prosecution and conviction; court and to the supervision of a probation officer.
D. Publicly using a fictitious name for the purpose of

concealing a crime, evading prosecution or the CONCEPT
execution of a judgment, or concealing his true Probation is NOT an absolute right. It is a mere privilege
name and other personal circumstances for the which rests upon the discretion of the trial court. Its grant is
same purpose or purposes; subject to certain terms and conditions that may be imposed
by the trial court. Having the power to grant the probation, it
E. Delaying the prosecution of criminal cases by follows that the trial court also has the power to order its
obstructing the service of process or court orders revocation in a proper case and under proper circumstances.
or disturbing proceedings in the fiscal's offices, in
Tanodbayan, or in the courts;
THREE-FOLD PURPOSE
F. Making, presenting or using any record,
document, paper or object with knowledge of its (1) To promote the correction and rehabilitation of an
falsity and with intent to affect the course or offender by providing him with individualized
outcome of the investigation of, or official treatment;
proceedings in, criminal cases;
(2) To provide an opportunity for the reformation of a
G. Soliciting, accepting, or agreeing to accept any penitent offender which might be less probable if
benefit in consideration of abstaining from, he were to serve a prison sentence; and
discounting, or impeding the prosecution of a
criminal offender; (3) To prevent the commission of offenses.
H. Threatening directly or indirectly another with the

infliction of any wrong upon his person, honor or Application
property or that of any immediate member or
members of his family in order to prevent such This shall apply to all offenders except those entitled to
person from appearing in the investigation of, or benefits under PD 603 and similar laws.
official proceedings in, criminal cases, or imposing • May be granted even if the sentence is a fine only, but
a condition, whether lawful or unlawful, in order with subsidiary imprisonment in case of insolvency.
to prevent a person from appearing in the
investigation of or in official proceedings in,
criminal cases; WHERE AND WHEN TO FILE THE APPLICATION:
An application for probation shall be filed by the defendant
I. Giving of false or fabricated information to
with the trial court within the period for perfecting an
mislead or prevent the law enforcement agencies
appeal.
from apprehending the offender or from
protecting the life or property of the victim; or
fabricating information from the data gathered in • NO application for probation shall be entertained or
confidence by investigating authorities for granted if the defendant has PERFECTED
purposes of background information and not for AN APPEAL from the judgment of conviction.
publication and publishing or disseminating the
same to mislead the investigator or to the court.
EFFECTS OF FILING AND GRANT/DENIAL OF
APPLICATION
Note: If any of the acts mentioned herein is penalized by any (1) Filing of application for probation operates as a
other law with a higher penalty, the higher penalty shall be waiver of the right to appeal.


(2) The order granting or denying probation shall not (2) Convicted of any crime against the national
be appealable. security;
(3) Accessory penalties are deemed suspended once (3) Who have previously been convicted by final
probation is granted and are fully restored upon judgment of an offense punished by imprisonment
final discharge of probationer. of more than six months and one day and/or a fine
not less than P1,000.00;
(4) Final discharge of probationer totally extinguishes
criminal liability for the offense subject of the (4) Once placed on probation;
probation [RA 10707, a July 27, 2015 amendment to
this law] (5) Who appealed;
(5) Civil liability is not affected by the suspension of (6) Convicted of drug trafficking or drug pushing;
the sentence imposed on the accused that is granted
probation; court must hear the civil aspects. (7) Convicted of election offenses under the Omnibus
Election Code.
• The court may, after it shall have convicted and

Note: #5 does not apply to minor offenders. A child in
sentenced a child in conflict with the law, and upon
application at any time, place the child on probation conflict with law can apply probation ANYTIME.
in lieu of his/her sentence, taking into account the HOWEVER, if through an appeal or review, a non-
best interest of the child. For this purpose, Section 4 probationable penalty is modified to a probationable
of presidential Decree No. 968, otherwise, known as penalty, the defendant shall be allowed to apply for
the “Probation Law of 1976” is hereby amended probation based on the modified decision before it becomes
accordingly. [Sec. 42, R.A. 9344, Juvenile Delinquency final, provided he does not seek an appeal for the same. Such
Law] application shall be made in the trial court imposing the
non-probationable penalty [RA 10707, a July 27, 2015
amendment to this law].
POST-SENTENCE INVESTIGATION
The convict is not immediately placed on probation. There CONDITIONS OF PROBATION

shall be a prior investigation by the probation officer and a
Two kinds of conditions imposed:
determination by the court. He may, however, be released
under his bail filed in the criminal case or on recognizance.
(1) Mandatory or general – once violated, the
probation is cancelled. They are:
CRITERIA FOR PLACING AN OFFENDER ON
A. Probationer: Presents himself to the probation
PROBATION
officer designated to undertake his
The court shall consider: supervision, at such place as may be specified
in the order, within 72 hours from receipt of
(1) All information relative to the character, order;
antecedents, environment, mental, and physical
condition of the offender; B. He reports to the probation officer at least
once a month.
(2) Available institutional and community resources.
(2) Discretionary or special – additional conditions
PROBATION SHALL BE DENIED IF THE COURT FINDS listed, which the court may additionally impose on
THAT: the probationer towards his correction and
(1) The offender is in need for correctional treatment rehabilitation outside prison. HOWEVER, the
that can be provided effectively by his commitment enumeration is not exclusive. Probation statutes are
to an institution; liberal in character and enable the courts to
designate practically any term it chooses, as long as
(2) There is undue risk of committing another crime; the probationer’s constitutional rights are not
jeopardized. Also, they must not be unduly
(3) Probation will depreciate the seriousness of the restrictive of probationer, and not incompatible
offense committed. with the freedom of conscience of probationer.
DISQUALIFIED OFFENDERS
BAR 2004
The benefits of the Decree shall NOT be extended to those:
(1) Sentenced to serve a maximum term of
imprisonment of more the 6 years;


Period of Probation
For how long may a convict be placed on probation? CYBERCRIME PREVENTION ACT
(1) If the convict is sentenced to a term of (R.A. NO. 10175)

imprisonment of NOT more than one year, the
period of probation shall not exceed 2 years. PUNISHABLE ACTS
(2) In all other cases, if he is sentenced to more than (1) Offenses against the confidentiality, integrity and
one year, said period shall not exceed 6 years. availability of computer data and systems:
(3) When the sentence imposes a fine only and the A. Illegal Access. – The access to the whole or any
offender is made to serve subsidiary imprisonment. part of a computer system without right.
The period of probation shall be twice the total of
the number of days of subsidiary imprisonment. B. Illegal Interception. – The interception made by
technical means without right of any non-public
transmission of computer data to, from, or within
a computer system including electromagnetic
Pardon Probation
emissions from a computer system carrying such
computer data.
• Includes any crime • Exercised individually
and is exercised by the trial court
C. Data Interference. — The intentional or reckless
individually by the
alteration, damaging, deletion or deterioration of
President • Must be exercised computer data, electronic document, or electronic
within the period for data message, without right, including the
• Exercised when the perfecting an appeal introduction or transmission of viruses.
person is already
convicted • It promotes the D. System Interference. — The intentional alteration
correction and or reckless hindering or interference with the
• Merely looks forward rehabilitation of an functioning of a computer or computer network
(prospective) and offender by providing by inputting, transmitting, damaging, deleting,
relieves the offender him with deteriorating, altering or suppressing computer
from the individualized data or program, electronic document, or
consequences of an treatment; provides an electronic data message, without right or
offense of which he opportunity for the authority, including the introduction or
has been convicted; reformation of a transmission of viruses.
it does not work for penitent offender
the restoration of which might be less E. Misuse of Devices.
public office, or the probable if he were to
right of suffrage, serve a prison sentence; A. The use, production, sale, procurement,
unless such rights and prevent the importation, distribution, or otherwise
are expressly commission of offenses. making available, without right, of:
restored by means of a. A device, including a computer
pardon • Does not alter the fact program, designed or adapted primarily
that the accused is a for the purpose of committing any of the
• Does not alter the recidivist as it provides offenses under this Act; or
fact that the accused only for an opportunity b. A computer password, access code, or
is a recidivist as it of reformation to the similar data by which the whole or any
produces only the penitent offender part of a computer system is capable of
extinction of the being accessed with intent that it be
personal effects of • Does not extinguish the used for the purpose of committing any
the penalty. civil liability of the of the offenses under this Act.
offender
• Does not extinguish • Being a grant by the (1) The possession of an item referred
the civil liability of trial court; it follows to in paragraphs 5(i)(aa) or (bb)
offender that the trial court also above with intent to use said
• Being a private act by has the power to order devices for the purpose of
the President, it must its revocation in a committing any of the offenses
be pleaded and proper circumstances. under this section.
proved by the
person pardoned B. Cyber-squatting. – The acquisition of a
domain name over the internet in bad faith to
profit, mislead, destroy reputation, and
deprive others from registering the same, if
such a domain name is:


a. Similar, identical, or confusingly similar which seek to advertise, sell, or offer for sale
to an existing trademark registered with products and services are prohibited unless:
the appropriate government agency at
the time of the domain name (a) There is prior affirmative consent from
registration: the recipient; or
b. Identical or in any way similar with the (b) The primary intent of the
name of a person other than the communication is for service and/or
registrant, in case of a personal name; administrative announcements from the
and sender to its existing users, subscribers
c. Acquired without right or with or customers; or
intellectual property interests in it.
(c) The following conditions are present:
(2) Computer-related Offenses:
a. The commercial electronic
A. Computer-related Forgery. — communication contains a simple,
(a) The input, alteration, or deletion of any valid, and reliable way for the
computer data without right resulting in recipient to reject. receipt of further
inauthentic data with the intent that it be commercial electronic messages
considered or acted upon for legal purposes (opt-out) from the same source;
as if it were authentic, regardless whether or
not the data is directly readable and b. The commercial electronic
intelligible; or communication does not purposely
disguise the source of the electronic
(b) The act of knowingly using computer data message; and
which is the product of computer-related
forgery as defined herein, for the purpose of c. The commercial electronic
perpetuating a fraudulent or dishonest communication does not purposely
design. include misleading information in
any part of the message in order to
B. Computer-related Fraud. — The unauthorized induce the recipients to read the
input, alteration, or deletion of computer data or message.
program or interference in the functioning of a
computer system, causing damage thereby with (d) Libel. — The unlawful or prohibited acts of
fraudulent intent: Provided, That if no damage has libel as defined in Article 355 of the Revised
yet been caused, the penalty imposable shall be Penal Code, as amended, committed through
one (1) degree lower. a computer system or any other similar
means which may be devised in the future.
C. Computer-related Identity Theft. – The intentional
acquisition, use, misuse, transfer, possession,
alteration or deletion of identifying information OTHER OFFENSES
belonging to another, whether natural or juridical,
without right: Provided, That if no damage has yet (1) Aiding or Abetting in the Commission of
been caused, the penalty imposable shall be one Cybercrime. – Any person who willfully abets or
(1) degree lower. aids in the commission of any of the offenses
enumerated in this Act shall be held liable.
(3) Content-related Offenses:
A. Cybersex. — The willful engagement, (2) Attempt in the Commission of Cybercrime. —
maintenance, control, or operation, directly or Any person who willfully attempts to commit any
indirectly, of any lascivious exhibition of sexual of the offenses enumerated in this Act shall be
organs or sexual activity, with the aid of a held liable.
computer system, for favor or consideration.
B. Child Pornography. — The unlawful or prohibited Section 6. All crimes defined and penalized by the Revised
acts defined and punishable by Republic Act No. Penal Code, as amended, and special laws, if committed by,
9775 or the Anti-Child Pornography Act of 2009, through and with the use of information and
committed through a computer system: Provided, communications technologies shall be covered by the
That the penalty to be imposed shall be (1) one relevant provisions of this Act: Provided, That the penalty to
degree higher than that provided for in Republic be imposed shall be one (1) degree higher than that provided
Act No. 9775. for by the Revised Penal Code, as amended, and special
laws, as the case may be.
C. Unsolicited Commercial Communications. — The
transmission of commercial electronic Note: A prosecution under this Act shall be without
communication with the use of computer system prejudice to any liability for violation of any provision of the
Revised Penal Code, as amended, or special laws.


There is conspiracy when two or more persons come to
HUMAN SECURITY ACT an agreement concerning the commission of the crime
of terrorism as defined in Section 3 hereof and decide to
(R.A. NO. 9372) commit the same.
Defining acts of terrorism.

ACCOMPLICE
PUNISHABLE ACTS Any person who, not being a principal under Article 17 of
the Revised Penal Code or a conspirator as defined in
(1) Committing any of the following acts thereby sowing Section 4 hereof, cooperates in the execution of either the
and creating a condition of widespread and crime of terrorism or conspiracy to commit terrorism by
extraordinary fear and panic among the populace, in previous or simultaneous acts shall suffer the penalty of
order to coerce the government to give in to an from seventeen (17) years, four months one day to twenty
unlawful demand [Sec. 3]: (20) years of imprisonment. (Sec. 5)
A. Under the Revised Penal Code: ACCESSORY

Any person who, having knowledge of the commission of
a. Article 122 (Piracy in General and the crime of terrorism or conspiracy to commit terrorism,
Mutiny in the High Seas or in the and without having participated therein, either as principal
Philippine Waters); or accomplice under Articles 17 and 18 of the Revised Penal
Code, takes part subsequent to its commission in any of the
b. Article 134 (Rebellion or Insurrection); following manner: (a) by profiting himself or assisting the
offender to profit by the effects of the crime; (b) by
c. Article 134-a (Coup d' Etat), including concealing or destroying the body of the crime, or the effects,
acts committed by private persons; or instruments thereof, in order to prevent its discovery; (c)
by harboring, concealing, or assisting in the escape of the
d. Article 248 (Murder); principal or conspirator of the crime, shall suffer the penalty
of ten (10) years and one day to twelve (12) years of
e. Article 267 (Kidnapping and Serious imprisonment.
Illegal Detention);
Notwithstanding the above paragraph, the penalties
f. Article 324 (Crimes Involving prescribed for accessories shall not be imposed upon those
Destruction) who are such with respect to their spouses, ascendants,
descendants, legitimate, natural, and adopted brothers and
sisters, or relatives by affinity within the same degrees, with
B. Under Special Laws: the single exception of accessories falling within the
provisions of subparagraph (a). (Sec. 6)
a. Presidential Decree No. 1613 (The Law
on Arson);
b. Republic Act No. 6969 (Toxic Substances

and Hazardous and Nuclear Waste
Control Act of 1990);
c. Republic Act No. 5207, (Atomic Energy

Regulatory and Liability Act of 1968);
d. Republic Act No. 6235 (Anti-Hijacking

Law);
e. Presidential Decree No. 532 (Anti-Piracy

and Anti-Highway Robbery Law of
1974); and,
f. Presidential Decree No. 1866, as

amended (Decree Codifying the Laws
on Illegal and Unlawful Possession,
Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions
or Explosives)
(2) Conspiring to Commit Terrorism (Sec. 4)

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DE LA SALLE UNIVERSITY COLLEGE OF LAW

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INDETERMINATE SENTENCE LAW

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SECTION 2: VIOLATION OF SECTION 1: MACHINATIONS,

CRIMES AGAINST PUBLIC CRIMES COMMITTED BY PUBLIC

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CRIMES AGAINST PERSONS ........ 144 CHAPTER EIGHT: ARSON AND

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Child Trafficking ................................ 208 CONSPIRACY IN BP 22....................... 220

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FUNDAMENTAL AND GENERAL PRINCIPLES

DEFINITION OF CRIMINAL LAW

TWO THEORIES IN CRIMINAL LAW

CRIMINAL LAW I (2) Positivists theory

This theory is manifested by impossible crimes, juvenile

MALA IN SE AND MALA PROHIBITA

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is taken into account in consummated Mala In Se

Mala Prohibita Warship Rule

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Note: Exception to the Exception:

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FELONIES Requisites: (FII)

Felonies, defined B. Intelligence

(2) That the act or omission be punishable by the Revised

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(2) That the intention of the accused in performing the act

(2) In ascertaining the truth between the conflicting

(6) In ascertaining the motive in defense of stranger.

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• Any person who creates in another’s mind an

(3) Praeter Intentionem Not efficient intervening causes:

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(2) That its accomplishment is inherently impossible, or

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Requisites: • It is frustrated if the person returned the money

A. The accused acted with lesser degree of malice,

• Not applicable to crimes punished by special laws. Requisites:

• The offer made by one of the parties to the other

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• It is not necessary that spontaneous desistance be

• The desistance which exempts from criminal FRUSTRATED FELONY

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General Rule: Mere conspiracy or proposal to commit a

• When a felony has two or more elements and CONSPIRACY

a. There must be participation with a criminal resolution

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Proposal to commit a felony, defined

(3) It is not the execution of a felony that is proposed. Note:

• If the proposal is accepted, it becomes conspiracy.

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• Article 17 (regarding the participation of the principal CONTINUING OFFENSE; DEFINED

PROVISIONS OF THE RPC WHICH WERE HELD

(4) Articles 16 to 19 (regarding accomplices and

(3) When the offender commits continuous crimes.

A single crime, consisting of a series of act, but all arising

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Two kinds of complex crimes:

i. Two or more grave felonies

iii. Two or more less grave felonies.

• Article 48 excludes crimes punishable by special laws.