LECTURE (Crim Book 2)

CRIMINAL LAW (BOOK 2)
Prepared by: Atty. Reymond G. Nuque
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS
CRIMES AGAINST NATIONAL SECURITY

Art. 114. Treason
Art. 115. Conspiracy and proposal to commit treason
Art. 116. Misprision of treason.
Art. 117. Espionage
Elements of treason
1. The offender owes allegiance to the government og the Philippines
2. There is a war which is Philippines was involved
3. The offender either a. levies war against the government or b. adheres to the enemies , giving
them aid or comfort
Elements of Conspiracy to commit treason

1. In times of war, 2 or more persons come to an agreement to:
A. levy war against the government or
B. adhere to the enemies and to give them aid or comfort
2. They decide to commit it
Elements of Proposal to commit treason

1. In times of war
2. A person who has decided to levy war against the government, or to adhere to the enemies and to
give them aid or comfort, proposes its execution to some other person/s.
Elements of Misprision of treason

1. The offender must be owing allegiance to the government, and not a foreigner
2. He has knowledge of any conspiracy (to commit treason) against the government
3. He conceals or does not disclose and make known the same as soon as possible to the governor or
fiscal of the province or the mayor or fiscal of the city in which he resides.
Elements of Espionage
1. Entering, without authority there for, warship, fort, or naval or military establishments or
reservation to obtain any information, plans, photographs or other data of a confidential nature
relative to the defense of the Philippines.
2. Disclosing to the representative of a foreign nation the contents of the articles, data, or information
mentioned, which he had in his possession by reason of the public office holds.
CRIMES AGAINST LAW OF NATIONS

1. Art. 118 Inciting to war or giving motives for reprisals- The offender performs unlawful or
unauthorized acts, such acts provoke or give occasion for a war involving or liable to involve the
Philippines or expose Filipino citizens to reprisals on their persons or property
2. Art. 119. Violation of neutrality- anyone who, on the occasion of a war in which the
Government is not involved, violates any regulation issued by competent authority for the purpose
of enforcing neutrality
3. Art. 120. Correspondence with hostile country- Any person who in time of war, shall have
correspondence with an enemy country or territory occupied by enemy troops.
4. Art. 121. Flight to enemy country. —Any person who, owing allegiance to the Government,
attempts to flee or go to an enemy country when prohibited by competent authority.
5. Art. 122 Piracy in general and mutiny on the high seas- any person who, on the high seas,
shall attack or seize a vessel or, not being a member of its complement nor a passenger, shall
seize the whole or part of the cargo of said vessel, its equipment, or personal belongings of its
complement or passengers.
Elements of Piracy
1. A vessel is on the high seas or in Philippine waters;
2. The offenders are not members of its complement or passengers of the vessel
3. The offenders –
a. attack or seize that vessel or;
b. seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its
compliment or passengers
6. Art. 123. Qualified piracy. — Piracy or Mutiny becomes qualified when:
1. Whenever they have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving themselves;
or
3. Whenever the crime is accompanied by murder, homicide, physical injuries or rape.
IMP: The crimes against national security have extra territorial application. The crimes against the law of
nations are considered crimes against humanity, therefore the accused can be prosecuted whenever and
wherever he may be found.
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE
1. Art. 124. Arbitrary detention. Any public officer or employee who, without legal grounds, detains a
person.
Elements:
1. Any public officer or employee
2. Detention is without legal grounds
3. Detains a person.
Arbitrary detention Illegal Detention
Principal offender must be a public officer who Committed by a private individual who unlawfully
detains a person without legal ground kidnaps, detains or otherwise deprives a person of
liberty
The public officer must have the duty to make an Public officer has no such duty or is acting in a
arrest and detain a person private capacity or beyond the scope of his official
duty.
Private individual may commit the crime of arbitrary
detention when they conspire with public officers in
committing this crime, or become an accomplice or
accessory to the crime committed by the public
officer.
Crime against the fundamental law of the state Crime against personal liberty and security
Illegal from the beginning The detention is legal from the beginning but the
illegality of the detention starts from the expiration
of any of the periods of time specified, without the
person detained having been delivered to the proper
judicial authority
2. Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. Public
officer or employee who shall detain any person for some legal ground and shall fail to deliver such person
to the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses punishable
by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses punishable by
correctional penalties, or their equivalent and thirty-six (36) hours, for crimes, or offenses punishable by
afflictive or capital penalties, or their equivalent.cha
Elements:
1. Any public officer or employee
2. He has detained a person for some legal ground
3. He fails to deliver such person to the proper judicial authorities within the period of; twelve (12)
hours, for crimes or offenses punishable by light penalties, or their equivalent; eighteen (18)
hours, for crimes or offenses punishable by correctional penalties, or their equivalent and
thirty-six (36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their
equivalent.
IMP: In every case, the person detained shall be informed of the cause of his detention and shall be
allowed upon his request, to communicate and confer at any time with his attorney or counsel. (As
amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987, respectively).
3. Art. 126. Delaying release. Any public officer or employee who delays for the period of time specified
therein the performance of any judicial or executive order for the release of a prisoner or detention
prisoner, or unduly delays the service of the notice of such order to said prisoner or the proceedings upon
any petition for the liberation of such person.
4. Art. 127. Expulsion. Any public officer or employee who, not being thereunto authorized by law, shall
expel any person from the Philippine Islands or shall compel such person to change his residence.
5. Art. 128. Violation of domicile
Elements:
1. Offender is a public officer or employee
2. He is not authorized by judicial order to enter the dwelling and/or to make a search therein for
papers or other effects
3. He commits any of the following acts:
a. entering any dwelling against the will of the owner thereof;
b. searching papers or other effects found therein without the previous consent of such owner;
c. refusing to leave the premises, after having surreptitiously entered said dwelling and after
having been required to leave the same.
6. Art. 129. Search warrants maliciously obtained and abuse in the service of those legally
obtained.
Elements of Search warrants maliciously obtained:
2. He procures a search warrant
3. There is no just cause
Elements of abuse in the service of those legally obtained:
2. He has legally procured a search warrant
3. He exceeds his authority or uses unnecessary severity in executing the same
7. Art. 130. Searching domicile without witnesses.
Elements:
2. He is armed with a search warrant legally procured
3. He searches the domicile, papers or other belongings of any person
4. The owner, or any member of his family, or two witnesses residing in the same locality are
not present
8. Art. 131. Prohibition, interruption and dissolution of peaceful meetings. Any public officer or
employee who, without legal ground, shall prohibit or interrupt the holding of a peaceful meeting, or shall
dissolve the same.
9. Art. 132. Interruption of religious worship. Any public officer or employee who shall prevent or
disturb the ceremonies or manifestations of any religion. If the crime shall have been committed with
violence or threats, the penalty shall be prision correccional in its medium and maximum period.
10. Art. 133. Offending the religious feelings. Anyone who, in a place devoted to religious worship or
during the celebration of any religious ceremony shall perform acts notoriously offensive to the feelings of
the faithful.
CRIMES AGAINST PUBLIC ORDER
1. Art. 134. Rebellion or insurrection; How committed. —The crime of rebellion or insurrection is
committed by rising publicly and taking arms against the Government for the purpose of removing from
the allegiance to said Government or its laws, the territory of the Philippine Islands or any part thereof, of
any body of land, naval or other armed forces, depriving the Chief Executive or the Legislature, wholly or
partially, of any of their powers or prerogatives. (As amended by R.A. 6968)
Elements:
1. That there be public uprising and taking up of arms against the government
2. The purpose of removing from the allegiance to said Government or its laws, the territory of
the Philippine Islands or any part thereof, of any body of land, naval or other armed forces,
depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or
prerogatives. (As amended by R.A. 6968)
2. Article 134-A. Coup d'etat; How committed. — The crime of coup d'etat is a swift attack
accompanied by violence, intimidation, threat, strategy or stealth, directed against duly constituted
authorities of the Republic of the Philippines, or any military camp or installation, communications
network, public utilities or other facilities needed for the exercise and continued possession of power,
singly or simultaneously carried out anywhere in the Philippines by any person or persons, belonging to
the military or police or holding any public office of employment with or without civilian support or
participation for the purpose of seizing or diminishing state power.
Elements:
1. Swift attack
2. Accompanied by violence, intimidation, threat, strategy or stealth
3. Directed against:
 Duly constituted authorities
 Any military camp or installation
 Communication networks or public utilities
 Other facilities needed for the exercise and continued possession of power
4. Singly or simultaneously carried out anywhere in the Philippines or
5. Committed by any person or persons belonging to the military or police or holding any public
office or employment; with or without civilian support or participation
6. Purpose of the attack is to seize or diminish state power
Rebellion Insurrection
The intention is to completely overthrow and The intention is merely to effect some change of
supersede the existing government minor importance, or to prevent the exercise of
government authority with respect to particular
matters
3. Art. 136. Conspiracy and proposal to commit coup d'etat, rebellion or insurrection.
4. Art. 137. Disloyalty of public officers or employees. Public officers or employees who have failed
to resist a rebellion by all the means in their power, or shall continue to discharge the duties of their
offices under the control of the rebels or shall accept appointment to office under them.
5. Art. 138. Inciting a rebellion or insurrection.

Elements:
1. The offender does not take arms or is not in open hostility against the government
2. He incites others to the execution of any of the acts of rebellion
3. The inciting is done by means of speeches, proclamations, writings, emblems, banners or other
representations tending to the same end
6. Art. 139. Sedition; How committed. The crime of sedition is committed by persons who rise publicly
and tumultuously in order to attain by force, intimidation, or by other means outside of legal methods,
any of the following objects:
1. To prevent the promulgation or execution of any law or the holding of any popular election;
2. To prevent the National Government, or any provincial or municipal government or any public
officer thereof from freely exercising its or his functions, or prevent the execution of any administrative
order;
3. To inflict any act of hate or revenge upon the person or property of any public officer or
employee;
4. To commit, for any political or social end, any act of hate or revenge against private persons or
any social class; and
5. To despoil, for any political or social end, any person, municipality or province, or the National
Government (or the Government of the United States), of all its property or any part thereof.cha
7. Art. 141. Conspiracy to commit sedition.
8. Art. 142. Inciting to sedition. Any person who, without taking any direct part in the crime of
sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by means
of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the
same end, or upon any person or persons who shall utter seditious words or speeches, write, publish, or
circulate scurrilous libels against the Government (of the United States or the Government of the
Commonwealth) of the Philippines, or any of the duly constituted authorities thereof, or which tend to
disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate
others to cabal and meet together for unlawful purposes, or which suggest or incite rebellious conspiracies
or riots, or which lead or tend to stir up the people against the lawful authorities or to disturb the peace of
the community, the safety and order of the Government, or who shall knowingly conceal such evil
practices.
Art. 143. Act tending to prevent the meeting of the Assembly and similar bodies. —any person
who, by force or fraud, prevents the meeting of the National Assembly (Congress of the Philippines) or of
any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or
of any provincial board or city or municipal council or board.
Art. 144. Disturbance of proceedings. any person who disturbs the meetings of the National Assembly
(Congress of the Philippines) or of any of its committees or subcommittees, constitutional commissions or
committees or divisions thereof, or of any provincial board or city or municipal council or board, or in the
presence of any such bodies should behave in such manner as to interrupt its proceedings or to impair the
respect due it.
Art. 145. Violation of parliamentary immunity. —any person who shall use force, intimidation,
threats, or fraud to prevent any member of the National Assembly (Congress of the Philippines) from
attending the meetings of the Assembly (Congress) or of any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, from expressing his opinions or casting his
vote; and upon any public officer or employee who shall, while the Assembly (Congress) is in regular or
special session, arrest or search any member thereof, except in case such member has committed a crime
punishable under this Code by a penalty higher than prision mayor.
Art. 146. Illegal assemblies. — The penalty of prision correccional in its maximum period to prision
mayor in its medium period shall be imposed upon the organizers or leaders of any meeting attended by
armed persons for the purpose of committing any of the crimes punishable under this Code, or of any
meeting in which the audience is incited to the commission of the crime of treason, rebellion or
insurrection, sedition or assault upon a person in authority or his agents. Persons merely present at such
meeting shall suffer the penalty of arresto mayor, unless they are armed, in which case the penalty shall
be prision correccional.
If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the purpose
of said meeting, insofar as he is concerned, is to commit acts punishable under this Code, and he shall be
considered a leader or organizer of the meeting within the purview of the preceding paragraph. As used in
this article, the word "meeting" shall be understood to include a gathering or group, whether in a fixed
place or moving.
Art. 147. Illegal associations. — The penalty of prision correccional in its minimum and medium
periods and a fine not exceeding 1,000 pesos shall be imposed upon the founders, directors, and
presidents of associations totally or partially organized for the purpose of committing any of the crimes
punishable under this Code or for some purpose contrary to public morals. Mere members of said
associations shall suffer the penalty of arresto mayor.
Art. 148. Direct assaults. Two ways of committing direct assault:

1. Without public uprising, by employing force or intimidation for the attainment of any of the
purposes enumerated in the defining crimes of rebellion and sedition, or
2. Without public uprising, by attacking, by employing force or by seriously intimidating or by
seriously resisting any person in authority or any of his agents, while engaged in the performance of
official duties, or on the occasion of such performance
In the first form of direct assault, it is not necessary that the offended party be a person in authority or his
agent. If the aim of the offender is to attain an object of sedition, the offended party may be a private
individual or person belonging to a social class. Teachers, professors, and person in charged with the
supervision of the public or duly recognized private schools, colleges, and universities shall be deemed
persons in authority (Art. 148 and Art 152 of RPC).
There is qualified direct assault when:
1. The assault was committed with weapon
3. Offender lays hands upon a person in authority
Art. 149. Indirect assaults. Committed by any person who shall make use of force or intimidation upon
any person coming to the aid of the authorities or their agents on occasion of the commission of any of
the crimes defined in the preceding paragraph.
Elements are:
a. That the person in authority or his agent is the victim of any of the forms of direct assault defined
in article 148
b. That a person comes to the aid of such authority or his agent.
c. That the offender makes use of force or intimidation upon such coming to the aid of the authority
or his agent.
Art. 150. Disobedience to summons issued by the National Assembly, its committees or
subcommittees, by the Constitutional Commissions, its committees, subcommittees or
divisions. —
Acts punishable are:
1. Without legal excuse, refuse to obey summons of the National Assembly, (Congress), its
special or standing committees and subcommittees, the Constitutional Commissions and its
committees, subcommittees, or divisions, or before any commission or committee chairman
or member authorized to summon witnesses.
2. Refusing to be sworn or placed under affirmation while being before such legislative or
constitutional bodies or official.
3. By refusing to answer any legal inquiry
4. By refusing to produce any books, papers, documents, or records in his possession, when
required by them to do so in the exercise of their functions
5. By restraining another from attending as a witness
6. By inducing disobedience to a summon or refusal to be sworn by any such body or official.
Art. 151. Resistance and disobedience to a person in authority or the agents of such person.
Any person who not being included in the provisions of the preceding articles shall resist or seriously
disobey any person in authority, or the agents of such person, while engaged in the performance of official
duties.
Art. 152. Persons in authority and agents of persons in authority; Who shall be deemed as
such. — In applying the provisions of the preceding and other articles of this Code, any person directly
vested with jurisdiction, whether as an individual or as a member of some court or governmental
corporation, board, or commission, shall be deemed a person in authority. A barrio captain and a
barangay chairman shall also be deemed a person in authority.
A person who, by direct provision of law or by election or by appointment by competent authority, is

charged with the maintenance of public order and the protection and security of life and property, such as
a barrio councilman, barrio policeman and barangay leader and any person who comes to the aid of
persons in authority, shall be deemed an agent of a person in authority.
In applying the provisions of Articles 148 and 151 of this Code, teachers, professors and persons charged
with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in
the actual performance of their professional duties or on the occasion of such performance, shall be
deemed persons in authority. (As amended by PD No. 299, Sept. 19, 1973 and Batas Pambansa Blg. 873,
June 12, 1985).
Persons in authority/Agents of persons in authority (Art. 152)

Person in Authority – any person directly vested with jurisdiction, whether as an individual or as a
member of some court or governmental corporation, board or commission.
a. Barangay captain
b. Barangay chairman
c. Teachers
d. Professors
e. Persons charged with the supervision of public or duly recognized private schools, colleges and
universities
f. Lawyers in the actual performance of their professional duties or on the occasion of such performance
Agent of Person in Authority – any person who, by direct provision of law or by election or by
appointment by competent authority, is charged with the maintenance of public order and the
protectionand security of life and property.
a. Barrio councilman
b. Barrio policeman
c. Barangay leader
d. municipal treasurer
e. postmaster
f. Sheriff
g. agents of the BIR
h. Malacañang confidential agent
i. Any person who comes to the aid of persons in authority
Sec. 388 of the Local Gov’t Code provides that “for purposes of the RPC, the punong barangay,
sangguniang barangay members and members of the lupong tagapamayapa in each barangay shall be
deemed as persons in authority in 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 and the
security of life, property, or the maintenance of a desirable and balanced environment, and any barangay
member who comes to the aid of persons in authority shall be deemed agent of persons in authority.
Art. 153. Tumults and other disturbance of public orders; Tumultuous disturbance or
interruption liable to cause disturbance.
Acts punishable:
a. Any person who shall cause any serious disturbance in a public place, office, or establishment
b. Shall interrupt or disturb public performances, functions or gatherings, or peaceful meetings, if
the act is not included in the provisions of Articles 131 and 132.
c. any person who in any meeting, association, or public place, shall make any outcry tending to
incite rebellion or sedition
d. displaying placards or emblems which provoke a disturbance of the public order
e. Any person who shall bury with pomp the body of a person who has been legally executed
The disturbance deemed to be tumultuous if caused by more than three persons who are armed or
provided with means of violence.
Art. 154. Unlawful use of means of publication and unlawful utterances. — Acts punishable:
1. Any person who by means of printing, lithography, or any other means of publication shall
publish or cause to be published as news any false news which may endanger the public order, or
cause damage to the interest or credit of the State;
2. Any person who by the same means, or by words, utterances or speeches shall encourage
disobedience to the law or to the constituted authorities or praise, justify, or extol any act punished
by law;
3. Any person who shall maliciously publish or cause to be published any official resolution or
document without proper authority, or before they have been published officially; or
4. Any person who shall print, publish, or distribute or cause to be printed, published, or distributed
books, pamphlets, periodicals, or leaflets which do not bear the real printer's name, or which are
classified as anonymous.rtual law library
Art. 155. Alarms and scandals. — Punishable acts:

1. Any person who within any town or public place shall discharge any firearm, rocket, firecracker,
or other explosives calculated to cause alarm or danger;
2. Any person who shall instigate or take an active part in any charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility;
3. Any person who, while wandering about at night or while engaged in any other nocturnal
amusements, shall disturb the public peace; or
4. Any person who, while intoxicated or otherwise, shall cause any disturbance or scandal in public
places, provided that the circumstances of the case shall not make the provisions of Article 153
applicable.
 CHARIVARI - includes a medley of discordant voices, a mock serenade of discordant noises made on
kettles, tin, horns, etc. designed to annoy or insult
 If the disturbance is of a serious nature, the case will fall under Art. 153
Art. 156. Delivery of prisoners from jails. —Any person who shall remove from any jail or penal
establishment any person confined therein or shall help the escape of such person, by means of violence,
intimidation, or bribery. If other means are used, the penalty of arresto mayor shall be imposed.
ELEMENTS:
1. That there is a person confined in a jail or penal establishment (detention included)
2. That the offender removes such person, or helps the escape of such person
KINDS OF EVASION OF SERVICE OF SENTENCE (ARTS. 157-159)
Art. 157. Evasion of service of sentence. —Any convict who shall evade service of his sentence by
escaping during the term of his imprisonment by reason of final judgment. However, if such evasion or
escape shall have taken place by means of unlawful entry, by breaking doors, windows, gates, walls,
roofs, or floors, or by using picklocks, false keys, deceit, violence or intimidation, or through connivance
with other convicts or employees of the penal institution, the penalty shall be prision correccional in its
maximum period.
ELEMENTS:
1. That the offender is a convict by final judgement
2. That he is serving his sentence, which consists in deprivation of liberty
3. That he evades the service of his sentence by escaping during the term of his sentence.
Art. 158. Evasion of service of sentence on the occasion of disorder, conflagrations,
earthquakes, or other calamities. — A convict who shall evade the service of his sentence, by leaving
the penal institution where he shall have been confined, on the occasion of disorder resulting from a
conflagration, earthquake, explosion, or similar catastrophe, or during a mutiny in which he has not
participated, shall suffer an increase of one-fifth of the time still remaining to be served under the original
sentence, which in no case shall exceed six months, if he shall fail to give himself up to the authorities
within forty-eight hours following the issuance of a proclamation by the Chief Executive announcing the
passing away of such calamity. Convicts who, under the circumstances mentioned in the preceding
paragraph, shall give themselves up to the authorities within the above mentioned period of 48 hours,
shall be entitled to the deduction provided in Article 98.chanr
ELEMENTS:
1. That the offender is a convict by final judgement, and is confined in a penal institution
2. That there is disorder, resulting from;
a. Conflagration
b. Earthquake
c. Explosion
d. similar catastrophe
e. mutiny in which he has not participated
3. That the offender leaves the penal institution where he is confined, on the occasion of such disorder or
during the mutiny
4. That the offender fails to give himself up to the authorities within 48 hrs. following the issuance of a
proclamation by the Chief Executive announcing the passing away of such calamity.
Art. 159. Other cases of evasion of service of sentence. Convict who, having been granted
conditional pardon by the Chief Executive, shall violate any of the conditions of such pardon. However, if
the penalty remitted by the granting of such pardon be higher than six years, the convict shall then suffer
the unexpired portion of his original sentence.
ELEMENTS:
1. That the offender was a convict
2. That he was granted a conditional pardon by the Chief Exec.
3. That he violated any of the conditions of such pardon
 Violation of conditional pardon is a distinct crime
 Offender can be arrested and reincarcerated without trial – in accordance with Sec. 64(I) of the RAC
Art. 160. Commission of another crime during service of penalty imposed for another offense;
Penalty.(Quasi- Recedivism) — Besides the provisions of Rule 5 of Article 62, any person who shall
commit a felony after having been convicted by final judgment, before beginning to serve such sentence,
or while serving the same, shall be punished by the maximum period of the penalty prescribed by law for
the new felony.
Any convict of the class referred to in this article, who is not a habitual criminal, shall be pardoned at the
age of seventy years if he shall have already served out his original sentence, or when he shall complete it
after reaching the said age, unless by reason of his conduct or other circumstances he shall not be worthy
of such clemency.
ELEMENTS of QUASI-RECIDIVISM:
1. That the offender was already convicted by final judgment
2. That he committed a new felony before beginning to serve such sentence or while serving the
same
WHO CAN BE PARDONED:
1) At the age of 70, if he shall have already served out his original sentence (and not a habitual
criminal) or
2) When he shall have completed it after reaching the said age, unless by reason of his conduct or
other circumstances he shall not be worthy of such clemency.
 As distinguished from REITERACION (habituality) which requires that the offender against whom it
is considered shall have served out his sentence for the prior offenses.
 Cannot be offset by ordinary mitigating circumstances
CRIMES AGAINST PUBLIC INTEREST
Art. 161. Counterfeiting the great seal of the Government of the Philippine Islands, forging the
signature or stamp of the Chief Executive.
Punishable Acts:
1. Forging the Great Seal of the Government of the Phil.
2. Forging the signature of the President
3. Forging the stamp of the President
Art. 162. Using forged signature or counterfeit seal or stamp.

ELEMENTS:
1. That the Great Seal of the Republic was counterfeited or the signature or stamp of the Chief
Executive was forged by another person
2. That the offender knew of the counterfeiting of forgery
3. That he used the counterfeit seal or forged signature or stamp
Art. 163. Making and importing and uttering false coins.

ELEMENTS:
1. That there be false or counterfeited coins
2. That the offender either made, imported or uttered such coins
3. That in case of uttering such false or counterfeited coins, he connived with the counterfeiters or
importers
 Coins withdrawn from circulation may be counterfeited
Art. 164. Mutilation of coins; Importation and utterance of mutilated coins.

Punishable Acts:
1. Mutilating coins of the legal currency, with the further requirement that there be intent to
damage or to defraud another
2. Importing or uttering such mutilated coins, with the further requirement that there must be
connivance with the mutilator or importer in case of uttering
 Mutilation of foreign currency not included
 Coins must be of legal tender
Art. 165. Selling of false or mutilated coin, without connivance.
Art. 166. Forging treasury or bank notes on other documents payable to bearer; importing, and
uttering such false or forged notes and documents.
Punishable Acts:
1) Forging or falsification of treasury or bank notes or other documents payable to bearer
2) Importation of such false or forged obligations or notes
3) Uttering of such false or forged obligations or notes in connivance with the forgers or importers
 Counterfeiting of paper bills is covered by this felony (see People vs. Valencia)
Art. 167. Counterfeiting, importing and uttering instruments not payable to bearer.
ELEMENTS:
1. That there be an instrument payable to order or other such document of credit not payable to
bearer
2. That the offender either forged, imported or uttered such instrument
3. That in case of uttering, he connived with the forger or importer.
Art. 168. Illegal possession and use of false treasury or bank notes and other instruments of
credit.
ELEMENTS:
1. That any of said instruments is forged or falsified by another person
2. That the offender knows that any of those instruments is forged or falsified
3. That he performs any of these acts :
a. Using any of such forged or falsified instruments
b. Possession with intent to use of any of such forged or falsified instruments
Art. 169. How forgery is committed. — The forgery referred to in this section may be committed
by any of the following means:
1. By giving to a treasury or bank note or any instrument, payable to bearer or order
mentioned therein, the appearance of a true genuine document.chanrobles virtual law
library
2. By erasing, substituting, counterfeiting or altering by any means the figures, letters,

words or signs contained therein.
CLASSES OF FALSIFICATION (ARTS. 170-173)

The crime of falsification must involve a writing which is a document in the legal sense.
CLASSIFICATION OF DOCUMENTS:
1) Public – (a) document created, executed or issued by a public official in response to exigencies of the
public service, (b) or in the execution of which a public official or notary public intervened
2) Official – issued by a public official in the exercise of the functions of his office; also a public
document.
3) Commercial- defined and regulated by the Code of Commerce or other commercial law
4) Private- a deed or instrument executed by a private person without the intervention of a notary public
or other person legally authorized, by which document, some disposition of agreement is proved,
evidenced or set forth
Importance of Classification:
1) In private documents, criminal liability will not arise unless there is damage caused to third person.
2) In public or commercial documents, criminal liability can arise although no third person suffered
damage.
Art. 170. Falsification of legislative documents.

ELEMENTS:
1. That there be a bill, resolution or ordinance enacted or approved or pending approval by the
Nat’l Assembly or any provincial board or municipal council
2. That the offender alters the same
3. That he has no proper authority
4. That the alteration has changed the meaning of the document.
Art. 171. Falsification by public officer, employee or notary or ecclesiastic minister.
ELEMENTS:
1. That the offender is a public officer, employee or notary public
2. That he takes advantage of his official position
REQUISITES:
a. He has a duty to make or prepare or otherwise to intervene in the preparation of the
document
b. He has official custody of the document which he falsifies
3. That he falsifies a document by committing any of the ff. acts:
a. Counterfeiting or imitating any handwriting, signature or rubric
b. Causing it to appear that persons have participated in any act or proceeding when they did
not in fact so participate
c. Attributing to persons who have participated in an act or proceeding statements other than
those in fact made by them
d. Making untruthful statements in a narration of facts
e. Altering true dates
f. Making any alteration or intercalation in a genuine document which changes its meaning
g. Issuing in authenticated form a document purporting to be a copy of an original document
when no such original exists, or including in such copy a statement contrary to, or different
from that of the genuine original
h. Intercalating any instrument or note relative to the issuance in a protocol, registry or official
book
PERSONS LIABLE:
1) Any public officer, employee or notary public
2) Ecclesiastical minister, when the falsification may affect the civil status of persons
Art. 172. Falsification by private individual and use of falsified documents.

Punishable Acts:
1) Falsification of public, official, or commercial document by a private individual or by a public
officer, employee or notary public who does not take advantage of his official position
2) Falsification of private document by any person
Art. 173. Falsification of wireless, cable, telegraph and telephone messages, and use of said
falsified messages.
PUNISHABLE ACTS:
1) Uttering fictitious wireless, telegraph or telephone messages
2) Falsifying wireless, telegraph or tel. messages
 Using such falsified message
Art. 174. False medical certificates, false certificates of merits or service, etc.
PERSONS LIABLE:
1) Physician or surgeon who, in connection with the practice of his profession, issued a false
certificate
2) Public officer who issued a false certificate of merit or service, good conduct or similar
circumstances
3) Private individual who falsified a certificate falling in the classes mentioned in nos. 1&2
Art. 175. Using false certificates.

ELEMENTS:
1. That a false certificate mentioned in the preceding article was issued.
2. That the offender knew that the certificate was false.
3. That he used the same.
Art. 176. Manufacturing and possession of instruments or implements for falsification.

Punishable Acts:
1) Making or introducing into the Phil. any stamps, dies, marks, or other instruments or
implements for counterfeiting
2) Possession with intent to use the instruments or implements for counterfeiting or falsification
made in or introduced into the Phil. by another person
Art. 177. Usurpation of authority or official functions.

WAYS TO COMMIT:
1) By misrepresenting oneself to be an officer, agent or representative of the government,
whether local, national or foreign
2) By performing any act pertaining to a person in authority or public officer of the government
under the pretense of official position and without authority
 May be violated by a public officer
Art. 178. Using fictitious name and concealing true name.

ELEMENTS: (USING FICTITIOUS NAME)
1. That the offender uses a name other than his real name
2. That he uses that fictitious name publicly
3. That the purpose of the offender is --
a. to conceal a crime
b. to evade the execution of a judgement
c. to cause damage to public interest
ELEMENTS: (CONCEALING TRUE NAME)
1. That the offender conceals ---
a. His true name
b. all other personal circumstances
2. That the purpose is only to conceal his identity
Art. 179. Illegal use of uniforms or insignia.

ELEMENTS:
1. That the offender makes use of insignia, uniform or dress
2. That the insignia, uniform or dress pertains to an office not held by the offender or to a class of
persons of which he is not a member
3. That said insignia, uniform, or dress is used publicly and improperly
THREE FORMS OF FALSE TESTIMONY (ARTS. 180-183)
Art. 180. False testimony against a defendant.

ELEMENTS:
1. That there be a criminal proceeding where the offender testifies falsely under oath against the
defendant
2. That the offender who gives false testimony knows that it is false
3. That the defendant against whom the false testimony is given is either acquitted or convicted in
a final judgement.
 Defendant must be sentenced to at least a correctional penalty or a fine or must be acquitted

Art. 182. False testimony in civil cases.
ELEMENTS:
1. That the testimony must be given in a civil case
2. That the testimony must relate to the issues presented in said case
3. That the testimony must be false
4. That the false testimony must be given by the defendant knowing the same to be false
5. That the testimony must be malicious and given with an intent to affect the issues presented in
said case.
Art. 183. False testimony in other cases and perjury in solemn affirmation.
Acts Punished:
1) By falsely testifying under oath (not in judicial proceedings)
2) By making a false affidavit
ELEMENTS OF PERJURY:
1. That the accused made a statement under oath or affirmation or executed an affidavit upon
a material matter
2. That the statement or affidavit was made before a competent officer, authorized to receive
and administer oath
3. That in that statement or affidavit, the accused made a willful and deliberate assertion of a
falsehood
 That the sworn statement or affidavit containing the falsity is required by law
Art. 184. Offering false testimony in evidence.

ELEMENTS:
1. That the offender offered in evidence a false witness or false testimony
2. That he knew the witness or the testimony was false
3. That the offer was made in a judicial or official proceeding
Art. 185. Machinations in public auctions.

Punishable Acts:
1) Soliciting any gift or promise as a consideration for refraining from taking part in any public
auction
2) Attempting to cause bidders to stay away from an auction by threats, gifts, promises or any
other artifice
ESSENTIAL ELEMENT:
That there be intent to cause the reduction of the price
Art. 186. Monopolies and combinations in restraint of trade.

Punishable Acts:
1) Combination or conspiracy to prevent free competition in the market
2) Monopoly to restrain free competition in the market
3) Making transactions prejudicial to lawful commerce or to increase the market price of
merchandise
If the offense affects any food substance or other particles of prime necessity, it is sufficient that initial
steps are taken
Art. 187. Importation and disposition of falsely marked articles or merchandise made of gold,
silver, or other precious metals or their alloys.
ELEMENTS:
1. That the offender imports, sells or disposes of any of those articles or merchandise
2. That the stamps, brands, or marks of those articles of merchandise fail to indicate the actual
fineness or quality of said metals or alloy
3. That the offender knows that the stamps, brands, or marks fail to indicate the actual fineness
or quality of said metals or alloy
Art. 188. Subsisting and altering trade-mark, trade-names, or service marks.
Art. 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service

mark, fraudulent designation of origin, and false description.
NOTE: Articles 188 and 189 have been repealed by RA 8293 Sec. 69, The Intellectual Property Code,
effective January 1, 1998.
CRIMES AGAINST PUBLIC MORALS (ARTS. 195-202)

Art. 195. Gambling.
Gambling- a game or scheme the result of which depends wholly upon chance or hazards.
Elements are:
1. Money or other consideration of value
2. The result of which depends wholly upon chance or hazards
IMP: Sec. 4. Of RA 9287 Possession of Gambling Paraphernalia or Materials. - The possession of any
gambling paraphernalia and other materials used in the illegal numbers game operation shall be deemed
prima facie evidence of any offense covered by this Act.
See PD 1602- Law prescrinign Stiifer Penalty in Gambling as amended by RA 9287

See PD 483- Betting and Game Fixing or Point Shaving and Machinations in Sports Contetst
See PD 449- Cockfighting Law of 1974
Art. 196. Importation, sale and possession of lottery tickets or advertisements.
Art. 197. Betting in sports contests
Art. 199. Illegal cockfighting.
Art. 200. Grave scandal- any person who shall offend against decency or good customs by any highly
scandalous conduct not expressly falling within any other article of this Code.
It is also defined as acts which are offensive to decency and good customs which, having been
committed publicly, have give rise to public scandal to persons who have accidentally witnessed them.
ELEMENTS:
1. That the offender performs an act or acts
2. That such act or acts be highly scandalous as offending against decency and good customs
3. That the highly scandalous conduct is not expressly falling within any other article of this Code
4. That the act or acts complained of be committed in a public place or within the public
knowledge or view.
Art. 201. Immoral doctrines, obscene publications and exhibitions and indecent shows.
PERSONS LIABLE:
1) Those who shall publicly expound or proclaim doctrines openly and contrary to public
morals
2) The authors of obscene literature, published with their knowledge in any form; the
editors publishing such literature; and the owners, operators of the establishment selling the same
3) Those who, in theatres, fairs, cinematographs or any other place, exhibit indecent or
immoral shows which are proscribed or are contrary to law, public order, morals, good customs,
established policies, lawful orders, decrees and edicts
4) Those who shall give away or exhibit films, prints, engravings, sculpture or literature
which are offensive to morals
Art. 202. Vagrants and prostitutes;

PERSONS LIABLE:
1) Any person having no apparent means of subsistence, who has the physical ability to
work and who neglects to apply himself to some lawful calling
2) Any person found loitering about public or semipublic buildings or places, or tramping or
wandering about the country or the streets without visible means of support
3) Any idle or dissolute person who lodges in houses of ill fame; ruffians or pimps and
those who habitually associate with prostitutes
4) Any person who, not being included in the provisions of other articles of this Code, shall
be found loitering in any inhabited or uninhabited place belonging to another without any lawful or
justifiable purpose
PROSTITUTES - women who, for money or profit, habitually indulge in sexual intercourse or
lascivious conduct.
CRIMES COMMITTED BY PUBLIC OFFICERS
ART. 203 WHO ARE PUBLIC OFFICERS

REQUISITES:
1. Taking part in the performance of public functions in the Government or performing in said
Government or in any of its branches public duties as an employee, agent or subordinate official
of any rank or class
2. That his authority must be –
a. By direct provision of law
b. By popular election
c. By appointment by competent authority
CRIMES OF MALFEASANCE & MISFEASANCE IN OFFICE (ARTS. 204-211)
 MISFEASANCE- improper performance of some act which might lawfully be done

 MALFEASANCE- the performance of some act which ought not to be done
 NONFEASANCE- omission of some act which ought to be performed
Art. 204. Knowingly rendering unjust judgment

Unjust judgment- it must be shown beyond reasonable doubt that the judgment is unjust as it is
contrary to law or it is not supported by the evidence, and the same was made with conscious and
deliberate intent to do an injustice.
ELEMENTS:
1. That the offender is a judge
2. That he renders a judgment in a case submitted to him for decision
3. That the judgment is unjust
4. That the judge knows that his judgment is unjust
Art. 205. Judgment rendered through negligence- it must be shown that although the judge acted
without malice, he failed to observe in the performance of his duty, that diligence, prudence and care
which the law is entitled to exact in the rendering of any public service.
ELEMENTS:
2. That he renders a judgment in a case submitted to him for decision
3. That the judgment is manifestly unjust
4. That it is due to his inexcusable negligence or ignorance
Art. 206. Unjust interlocutory order

Interlocutory order-an order is interlocutory when it does not terminate or finally dispose of the
case, because it leaves something to be done by the court before the case is finally decided on the merits.
ELEMENTS:
2. That he performs any of the ff. acts:
a. Knowingly renders unjust interlocutory order or decree.
b. Renders a manifestly unjust interlocutory order or decree through inexcusable
negligence or ignorance
Art. 207. Malicious delay in the administration of justice

ELEMENTS:
2. That there is a proceeding in his court
3. That he delays the administration of justice
4. That it is caused by the judge with deliberate intent to inflict damage on either party in the case
Art. 208. Prosecution of offenses; negligence and tolerance

Punishable Acts:
1) Maliciously refraining from instituting prosecution against violators of the law
2) Maliciously tolerating the commission of offenses
REQUISITES:
1. That the offender is a public officer who has a duty to cause the prosecution of, or to prosecute
offenses
2. That knowing the commission of the crime, he does not cause the prosecution of the criminal or
knowing that a crime is about to be committed he tolerates its commission
3. That the offender acts with malice and deliberate intent to favor the violator of the law
Art. 209. Betrayal of trust by an attorney or solicitor. — Revelation of secrets

Punishable Acts:
1. An attorney causing damage to his client, either:
(a) by any malicious breach of professional duty; or
(b) inexcusable negligence or ignorance
2. An attorney revealing any of the secrets of his client learned by him in his professional capacity
 damage is not necessary
3. An attorney undertaking the defense of the opposing party in the same case without the consent of his first client,
after having undertaken the defense of the first client or after having received confidential information from said client.
Art. 210. Direct bribery
Punishable Acts:
1) Agreeing to perform, or by performing, in consideration of any offer, promise, gift or present ---
an act constituting a crime, in connection with the performance of his official duties
2) Accepting a gift in consideration of the execution of an act which does not constitute a crime, in
connection with the performance of his official duty
3) Agreeing to refrain, or by refraining, from doing something which it is his official duty to do, in
consideration of a gift or promise
ELEMENTS:
1. Offender is a public officer
2. He accepts an offer or a promise or receives a gift or presented by himself or through another
3. Such offer or promise be accepted , or gift or presented by him:
a. with a view to commit a crime
b. in consideration of the execution of an unjust act which does not constitute a crime
c. to refrain from doing something which it is his official duty to do
4. The act which the offender agrees to perform or which he executes be connected with the
performance of his official duties
QUALIFIED BRIBERY - committed by public officers entrusted with the enforcement of law and
whose duty is to arrest and prosecute those who violate them where the penalty for the same is reclusion
perpetua or higher.
Art. 211. Indirect bribery

ELEMENTS:
1. That the offender is a public officer
2. That he accepts gifts
3. That said gifts are offered to him by reason of his office
Art. 212. Corruption of public officials

ELEMENTS:
1. That the offender makes offers or promises or gives gifts or presents to a public officer
2. That the offers or promises are made or the gifts or present given to a public officer, under
circumstances that will make the public officer liable for direct bribery or indirect bribery
Art. 213. Frauds against the public treasury and similar offenses
ELEMENTS OF FRAUDS AGAINST PUBLIC TREASURY (PAR.1):
1. That the offender be a public officer
2. That he intervened in the transaction in his official capacity
3. That he entered into an agreement with any interested party or speculator or made use of any
other scheme with regard to (1) furnishing supplies (2) the making of contracts, or (3) the
adjustment or settlement of accounts relating to public property of funds
4. That the accused had intent to defraud the Government.
ELEMENTS OF ILLEGAL EXACTIONS (PAR.2):
1. The offender is a public officer entrusted with the collection of taxes, licenses, fees, & other
imposts
2. He commits any of the ff. acts:
a. Demanding, directly or indirectly, the payment of sums different from or larger than
those authorized by law
b. Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected
by him officially
c. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or
objects of a nature different from that provided by law
 Officers or employees of the Bureau of Internal Revenue or Bureau of Customs are not covered by
this article. The National Internal Revenue Code or the Administrative Code applies
Art. 214. Other frauds- The offender is a public officer who takes advantage of his official position.
Art. 215. Prohibited transactions.

ELEMENTS:
1. That the offender is an appointive public officer
2. That he becomes interested, directly or indirectly, in any transaction of exchange or speculation
3. That the transaction takes place within the territory subject to his jurisdiction
4. That he becomes interested in the transaction during his incumbency
Art. 216. Possession of prohibited interest by a public officer.

PERSONS LIABLE:
1) Public officer who, directly or indirectly, became interested in any contract or business which it
was his official duty to intervene
2) Experts, arbitrators, and private accountants who, in like manner, took part in any contract or
transaction connected with the estate or property in the appraisal, distribution or adjudication of
which they had acted
3) Guardians and executors with respect to the property belonging to their wards or the estate
MALVERSATION OF PUBLIC FUNDS OR PROPERTY
Art. 217. Malversation of public funds or property; Presumption of malversation.

Punishable Acts:
1) Appropriating public funds or property
2) Taking or misappropriating the same
3) Consenting or through abandonment or negligence, by permitting any other person to take
such public funds or property
COMMON ELEMENTS:
1. That the offender is a public officer who has:
a. Official custody of public funds or property or the duty to collect or receive funds due to the
Government
b. The obligation to account for them to the Government
2. That he had the custody or control of funds or property by reason of the duties of his office
3. That those funds or property were public funds or property for which he was accountable
4. That he appropriated, took, misappropriated or consented or through abandonment or
negligence, permitted another person to take them
Malversation may be committed by private individuals in the following cases:

1) Those in conspiracy with public officers guilty of malversation;
2) Those who are accessory or accomplice to a public officer;
3) Custodian of public funds or property in whatever capacity;
4) Depositary or administrator of public funds or property.
PRESUMPTION 
When demand is made to the accountable officer to account for the funds and property and the
same is not forthcoming, the presumption is that he misappropriated the funds.
 Malversation is principally distinguished from estafa by:

a. The public or private character of the accused
b. The nature of the funds
c. The fact that conversion is not required in malversation
d. The rule that there is no need of prior demand in malversation
e. The absence of a requirement of damage in malversation
Art. 218. Failure of accountable officer to render accounts

ELEMENTS:
1. That the offender is a public officer, whether in the service or separated therefrom
2. That he must be an accountable officer for public funds or property
3. That he is required by the law or regulation to render accounts to the Comm. on Audit, or to the
provincial auditor
4. That he fails to do so for a period of 2 mos. after such accounts should be rendered
Art. 219. Failure of a responsible public officer to render accounts before leaving the country
ELEMENTS:
2. That he must be an accountable officer for public funds or property
3. That he unlawfully left (or be on the point of leaving) the Phils. without securing from the Comm.
on Audit a certificate showing that his accounts have been finally settled
virtual law librar y
Art. 220. Illegal use of public funds or property

This crime is known as technical malversation because the fund or property is already earmarked or
appropriated for a certain public purpose.
ELEMENTS:
2. That there are public funds or property under his administration
3. That such public fund or property has been appropriated by law or ordinance
4. That he applies the same to a public use other than that for which such fund or property has been
appropriated by law or ordinance.
MALVERSATION ILLEGAL USE
The public fund is to be applied to the personal use & The public fund or property is applied to another public
benefit of the offender or of another person use
Art. 221. Failure to make delivery of public funds or property

Punishable Acts:
1. Failing to make payment by a public officer who is under obligation to make such payment from
the Government funds in his possession
2. Refusing to make delivery by a public officer who has been ordered by competent authority to
deliver any property in his custody or under his administration (refusal must be malicious)
Art. 222. Officers included in the preceding provisions
Private Individuals who may be liable under Art. 217-221:
1. Private individuals who, in any capacity whatsoever, have charge of any national,
provincial or municipal funds, revenue or property
2. Administrator, depository of funds or property, attached, seized, or deposited by public
authority even if such property belongs to a private individual
Art. 223. Conniving with or consenting to evasion. — Any public officer who shall consent to the
escape of a prisoner in his custody or charge.
ELEMENTS:
2. That he had in his custody or charge a prisoner, either detention prisoner, or prisoner by final
judgment
3. That such prisoner escaped from his custody
4. That he was in connivance with the prisoner in the latter’s escape
Art. 224. Evasion through negligence. —

ELEMENTS:
2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or
prisoner by final judgement
3. That such prisoner escapes through his negligence
Art. 225. Escape of prisoner under the custody of a person not a public officer
ELEMENTS:
1. That the offender is a private person
2. That the conveyance or custody of a prisoner or person under arrest is confided to him
3. That the prisoner or person under arrest escapes
4. That the offender consents to the escape of the prisoner or person under arrest, or that the
escape takes place through his negligence
Art. 226. Removal, concealment or destruction of documents.

ELEMENTS:
2. That he removes, destroys, conceals documents or papers
3. That the said documents/ papers must be entrusted to such public officer by reason of his
office
4. That damage, whether serious or not, to a third party or to the public interest should have been caused
Art. 227. Officer breaking seal

ELEMENTS:
2. That he is charged with the custody of papers or property
3. That these papers or property are sealed by proper authority
4. That he breaks the seal or permits them to be broken
Art. 228. Opening of closed documents

ELEMENTS:
2. That closed papers, documents, or objects are entrusted to his custody
3. That he opens or permits to be opened said closed papers, documents or objects
4. That he does not have the proper authority
Art. 229. Revelation of secrets by an officer

Punishable Acts:
1) Revealing secrets known to the offending public officer by reason of his official capacity
2) Delivering wrongfully papers or copies of papers of which he may have charge and which should
not be published
Art. 230. Public officer revealing secrets of private individual

ELEMENTS:
2. That he knows of the secrets of a private individual by reason of his office
3. That he reveals such secrets without authority or justifiable reason
Art. 231. Open disobedience

ELEMENTS:
1. That the offender is a judicial or executive officer
2. That there is a judgment, decision, or order of a superior authority
3. That such judgment, decision, or order was made by a superior authority and issued with all
the legal formalities
4. That the offender without any legal justification openly refuses to execute the said judgment,
decision or order, which he is duty bound to obey
Art. 232. Disobedience to order of superior officers, when said order was suspended by inferior
officer
ELEMENTS:
2. That an order is issued by his superior for execution
3. That he has for any reason suspended the execution of such order
4. That his superior disapproves the suspension of the execution of the order
5. That the offender disobeys his superior despite the disapproval of the suspension
Art. 233. Refusal of assistance

ELEMENTS:
2. That a competent authority demands from the offender that he lend his cooperation towards the
administration of justice or other public service
3. That the offender fails to do so maliciously
Art. 234. Refusal to discharge elective office

ELEMENTS:
1. That the offender is elected by popular election to a public office
2. That he refuses to be sworn in or to discharge the duties of said office
3. That there is no valid justification for such refusal.
Art. 235. Maltreatment of prisoners

ELEMENTS:
1. That the offender is a public officer or employee
2. That he has under his charge a prisoner or detention prisoner
3. That he maltreats such prisoner:
a. By overdoing himself in the correction and handling
i. By the imposition of punishments not authorized by the regulations
ii. By inflicting such punishments (those authorized) in a cruel and humiliating
manner
b. By maltreating such prisoner to extort a confession or to obtain some information from the
prisoner
Art. 236. Anticipation of duties of a public office

ELEMENTS:
1. That the offender is entitled to hold a public office or employment, either by election or
appointment
2. That the law requires that he should first be sworn in and/ or should first give a bond
3. That he assumes the performance of the duties and powers of such office
4. That he has not taken his oath of office and/or given the bond required by law
Art. 237. Prolonging performance of duties and powers

ELEMENTS:
1. That the offender is holding a public office
2. That the period provided by law, regulations, or special provisions for holding such office, has
already expired
3. That he continues to exercise the duties and powers of such office
Art. 238. Abandonment of office or position

ELEMENTS:
2. That he formally resigns from his position
3. That his resignation has not yet been accepted
4. That he abandons his office to the detriment of the public service
Art. 239. Usurpation of legislative powers

ELEMENTS:
1. That the offender is an executive or judicial officer
2. That he (a) makes general rules/regulations beyond the scope of his authority; (b) attempts to
repeal a law (c) suspends the execution thereof
Art. 240. Usurpation of executive functions

ELEMENTS:
2. That he (a) assumes a power pertaining to the executive authorities, or (b) obstructs executive
authorities in the lawful exercise of their powers
Art. 241. Usurpation of judicial functions

ELEMENTS
1. That the offender is an officer of the executive branch of the Government.
2. That he (a) assumes judicial powers, or (b) obstructs the execution of an order or decision
rendered by any judge within his jurisdiction
Art. 242. Disobeying request for disqualification
ELEMENTS:
2. That a proceeding is pending before such public officer
3. That there is a question before the proper authority regarding his jurisdiction which is not yet
decided
4. That he has been lawfully required to refrain from continuing the proceeding
5. That he continues the proceeding.
Art. 243. Orders or requests by executive officers to any judicial authority

ELEMENTS:
2. That he addresses any order or suggestion to any judicial authority
3. That the order or suggestion relates to any case or business coming within the exclusive
jurisdiction of the courts of justice
Art. 244. Unlawful appointments

ELEMENTS:
2. That he nominates or appoints a person to a public office
3. That such person lacks the legal qualification
4. That the offender knows that his nominee or appointee lacks the qualifications at the time he made
the nomination or appointment
Art. 245. Abuses against chastity

ELEMENTS:
1. Offender is a public officer
2. He solicits or makes immoral or indecent advances to a woman
3. Such woman must be:
a) interested in matters pending before the offender for decision, or with respect to which he is
required to submit a report to or consult with a superior officer; or
b) under the custody of such offender who is a warden or other public officer
c) wife, daughter, sister or relative within the same degree by affinity of the person under the
custody of the offender
CRIMES AGAINST PERSONS

Art. 246. Parricide. — Any person who shall kill his father, mother, or child, whether legitimate or
illegitimate, or any of his ascendants, or descendants, or his spouse, shall be guilty of parricide
ELEMENTS:
1. That a person is killed
2. That the deceased is killed by the accused
3. That the deceased is the father, mother, or child (not less than 3 days old), whether legitimate or
illegitimate, or a legitimate other ascendant or legitimate other descendant, or the legitimate
spouse, of the accused
Art. 247. Death or physical injuries inflicted under exceptional circumstances.

ELEMENTS:
1. That a legally married person or parent surprises his spouse or his daughter, the latter under 18 yrs of
age and living with him, in the act of committing sexual intercourse with another person
2. That he/ she kills any or both of them or inflicts upon any or both of them any serous physical injury in
the act or immediately thereafter
3. That he has not promoted or facilitated the prostitution of his wife or daughter, or that he or she has
not consented to the infidelity of the other spouse
 The discovery, the escape, the pursuit and the killing must all form part of one continuous act
 Applicable only when the daughter is single
ART. 248-MURDER
Unlawful killing of any person which is not parricide or infanticide provided that any of the ff. circumstances is present:
1) With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken
the defense, or of means or persons to insure or afford impunity
2) In consideration of a price, reward, or a promise
3) By means of inundation, fire, poison, explosion, shipwreck, stranding a vessel, derailment of or assault upon a
street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any means involving great
waste and ruin
4) On occasion of any of the calamities enumerated in the preceding par., or an earthquake, eruption of a volcano,
destructive cyclone, epidemic or any other public calamity
5) With evident premeditation
6) With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his
person or corpse
ART. 249-HOMICIDE
 This is the unlawful killing of any person, which is neither parricide, murder nor infanticide
 Intent to kill is conclusively presumed when death results; evidence of intent to kill is important
only in attempted or frustrated homicide.
 ACCIDENTAL HOMICIDE - is the death of a person brought about by a lawful act performed with
proper care and skill and without homicidal intent
ART. 250-PENALTY FOR FRUSTRATED PARRICIDE, MURDER, HOMICIDE
ART. 251- DEATH CAUSED IN A TUMULTUOUS AFFRAY

ELEMENTS:
1. That there be at least 4 persons
2. That they did not compose groups organized for the common purpose of assaulting and attacking
each other reciprocally
3. That several persons quarreled and assaulted one another in a confused and tumultuous affray
4. That someone was killed in the course of the affray
5. That it cannot be ascertained who actually killed the deceased
6. That the person or persons who inflicted serious physical injuries or who used violence can be
identified
ART. 252-PHYSICAL INJURIES IN A TUMULTUOUS AFFRAY

ELEMENTS:
1. That there is a tumultuous affray as referred to in the preceding article
2. That a participant or some participants thereof suffered serious physical injuries or physical injuries
of a less serious nature
3. That the person responsible cannot be identified
4. That all those who appear to have used violence upon the person of the offended party are known
 Injured party must be a participant in the affray
ART. 253-GIVING ASSISTANCE TO SUICIDE

Punishable Acts:
1) Assisting another to commit suicide, whether the suicide is consummated or not
2) Lending his assistance to another to commit suicide to the extent of doing the killing himself
EUTHANASIA – “Mercy Killing” Practice of painlessly putting to death a person suffering from
some incurable disease. Not considered as included in Art 253 because the person killed does not want to
die. A doctor who resorts to euthanasia may be liable for murder.
ART. 254-DISCHARGE OF FIREARM

ELEMENTS:
1. That the offender discharges a firearm against or at another person
2. That the offender has no intention to kill that person
ART. 255-INFANTICIDE
-This is the killing of any child less than 3 days (72 hours) of age
-Only the mother and maternal grandparents of the child are entitled to the mitigating circumstance of concealing the
dishonor
ART. 256-INTENTIONAL ABORTION

WAYS TO COMMIT:
1) By using violence upon the person of the pregnant woman
2) By acting, without using violence and without the consent of the woman (by administering
drugs/beverages upon a pregnant without her consent)
3) By acting, with the consent of the pregnant woman (by administering drugs/beverages)
ART. 257-UNINTENTIONAL ABORTION

REQUISITES:
1. Violence is used upon such pregnant woman without intending an abortion
2. Violence is intentionally exerted
ART. 258-ABORTION PRACTICED BY THE WOMAN HERSELF OR BY HER PARENTS

The intentional abortion is caused by ---
1) The pregnant woman herself
2) Any other person, with her consent
3) Any of her parents, with her consent for the purpose of concealing her dishonor
 Liability of pregnant woman is mitigated if the purpose is to conceal dishonor
 No mitigation on the parents of the woman unlike in infanticide
ART. 259-ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF

ABORTIVES
REQUISITES:
1. The offender be a physician or midwife,
2. That such person causes or assists in causing the abortion
3. Said physician or midwife takes advantage of his scientific knowledge or skill.
AS TO PHARMACISTS,
There is no proper prescription from a physician and the offender dispenses any abortive
substance.
ART. 260-RESPONSIBILITY OF PARTICIPANTS IN A DUEL

DUEL: Formal or regular combat previously concerted between parties in the presence of two or
more seconds of lawful age on each side, who make selection of arms and fix all other conditions of the
fight.
PERSONS LIABLE:
1) The person who killed or inflicted physical injuries upon his adversary, or both combatants in
any other case, as principals
2) The seconds, as accomplices
ART. 261-CHALLENGING TO A DUEL

PUNISHABLE ACTS:
1) Challenging another to a duel
2) Inciting another to give or accept a challenge to a duel
3) Scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel
PERSONS LIABLE:
1) Challenger
2) Instigators
ART. 262-MUTILATION
Offender must have the intention to deprive the offended party of a part of his body.
ART. 263-SERIOUS PHYSICAL INJURIES

SERIOUS PHYSICAL INJURIES:
1) When the injured person becomes insane, impotent, imbecile, or blind in consequence of
the physical injuries inflicted
2) When the injured person loses the use of speech, or the power to hear or to smell, loses
an eye, a hand, a foot, an arm, or a leg, or loses the use of any of such member, or
becomes incapacitated for the work in which he was habitually engaged in consequence of
the physical injuries
3) When the person injured, becomes deformed, or loses any other member of his body, or
becomes ill or incapacitated for the performance of the work in which he was habitually
engaged for more than 90 days, in consequence of the physical injuries inflicted
4) When the injured person becomes ill or incapacitated for labor for more than 30 days
but not more than 90 days as a result of the physical injuries inflicted
 Medical attendance not necessary
DEFORMITY requisites:
1) Physical ugliness
2) Permanent and definite abnormality
3) Conspicuous and visible
4) There must be no intent to kill, otherwise, the crime would be frustrated or attempted murder,
parricide, homicide as the case may be
QUALIFYING CIRCUMSTANCES:
1) Offense committed against persons enumerated in the crime of parricide
2) With the attendance of circumstance which qualify the crime to murder
 The “qualified penalties” are not applicable to parents who inflict serious physical injuries upon
their children by excessive chastisement
ART. 264- ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES

ELEMENTS:
1. That the offender inflicted upon another any serious physical injuries
2. That it was done by knowingly administering to him any injurious substances or beverages or by
taking advantage of his weakness of mind or credulity
3. That he had no intention to kill (otherwise frustrated murder)
ART. 265-LESS SERIOUS PHYSICAL INJURIES

ELEMENTS:
1. The offended party is incapacitated for labor for 10 days or more but not more than 30, or needs
attendance for the same period
2. The physical injuries must not be those described in the preceding articles
QUALIFIED LESS SERIOUS PHYSICAL INJURIES

1) There is manifest intent to insult or offend the injured person
2) There are circumstances adding ignominy
3) When the victim is either the offender’s parents, ascendants, guardians, curators or teachers;
Persons of rank or persons in authority, provided the crime is not direct assault
ART. 266-SLIGHT PHYSICAL INJURIES
KINDS:
1) Physical injuries which incapacitated the offended party from one to nine days, or required
medical attendance during the same period
2) Physical injuries which did not prevent the offended party from engaging in his habitual work or
which did not require medical attendance
3) Ill-treatment of another by deed without causing any injury
ART. 266-A - THE NEW ANTI-RAPE LAW (RA8353)

Classification of Rape
1) Traditional - under Art 335
2) Sexual Assault - RA 8353
REPUBLIC ACT 8353

How rape is committed:
1) By a man who shall have carnal knowledge of a woman under any of the ff. circumstances:
a) Through force, threat or intimidation

b) When the offended party is deprived of reason or otherwise unconscious
c) By means of fraudulent machination or grave abuse of authority
d) When the offended party is under 12 years of age or is demented even though none of the
circumstances mentioned above be present
2) By “any person” (male or female) who, under any of the circumstances mentioned in par. 1
hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth, or anal
orifice or any instrument or object, into the genital or anal orifice of another person
AGGRAVATING/QUALIFYING CIRCUMSTANCES : punishable by death
1) When the victim is under 18 years of age and the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse of
the parent of the victim
2) When the victim is under the custody of the police or military authorities or any law enforcement
or penal institution
3) When the rape is committed in full view of the spouse, parent, or any of the children or other
relatives within the third civil degree of consanguinity
4) When the victim is a religious engaged in legitimate religious vocation or calling and is
personally known to be such by the offender before or at the time of the commission of the crime
5) When the victim is a child below 7 years old
6) When the offender knows that he is afflicted with HIV/AIDS or any other sexually transmissible
disease and the virus or disease is transmitted to the victim
7) When committed by any member of the AFP or para-military units thereof of the PNP or any law
enforcement agency or penal institution, when the offender took advantage of his position to facilitate the
commission of the crime
8) When by reason or on the occasion of the rape, the victim has suffered permanent physical
mutilation or disability
9) When the offender knew of the pregnancy of the offended party at the time of the commission
of the crime
10) When the offender knew of the mental disability, emotional disorder and/ or physical disability
of the offended party at the time of the commission of the crime
 Death shall also be imposed when homicide is committed
EFFECT OF PARDON:
1) The subsequent valid marriage between the offender and the offended party shall extinguish criminal
liability (only as to the husband)
2) The subsequent forgiveness of the wife to the legal husband
CRIMES AGAINST LIBERTY
ART. 267-KIDNAPPING AND SERIOUS ILLEGAL DETENTION

ELEMENTS:
1. That the offender is a private individual
2. That he kidnaps or detains another, or in any manner deprives the latter of his liberty
3. That the act of detention or kidnapping must be illegal
4. That in the commission of the offense, any of the ff. circumstances is present:
a) That the kidnapping or detention lasts for more than 3 days
b) That it is committed simulating public authority
c) That any serious physical injuries are inflicted upon the person kidnapped or detained or threats
to kill him are made
d) That the person kidnapped or detained is a minor, except when the accused is any of the
parents, a female or a public officer
QUALIFYING CIRCUMSTANCES: DEATH PENALTY

1) Purpose is to extort ransom
2) If victim is killed, raped or tortured as a consequence
COMPLEX CRIME OF KIDNAPPING WITH MURDER – when victim is killed because of his refusal to
pay the ransom; kidnapping being necessary to commit the murder; but where he was taken for the
purpose of killing him and not for detaining him, crime committed is MURDER
ART. 268- SLIGHT ILLEGAL DETENTION
ELEMENTS:
1. That the offender is a private individual
2. That he kidnaps or detains another, or in any manner deprives him of his liberty
3. That the act of kidnapping or detention is illegal
4. That the crime is committed without the attendance of any of the circumstances enumerated in 267
LIABILITY MITIGATED WHEN:

1) Offender voluntarily releases the person so kidnapped or detained within three days from the
commencement of the detention,
2) without having attained the purpose intended, and
3) before the institution of criminal proceedings against him
ART. 269-UNLAWFUL ARREST
ELEMENTS:
1. That the offender arrests or detains another person
2. That the purpose of the offender is to deliver him to the proper authorities
3. That the arrest or detention is not authorized by law
ART. 270- KIDNAPPING AND FAILURE TO RETURN A MINOR
ELEMENTS:
1. That the offender is entrusted with the custody of a minor person (over or under 7 but less than 21)
2. That he deliberately fails to restore the said minor to his parents or guardian
ART. 271- INDUCING A MINOR TO ABANDON HIS HOME
 Inducement must be (1) actual, and (2) committed with criminal intent
 Father or mother may commit crimes under Arts. 270 & 271 – where they are living separately and
the custody of the minor child has been given to one of them
ART. 272-SLAVERY
ELEMENTS:
1. That the offender purchases, sells, kidnaps, or detains a human being
2. That the purpose of the offender is to enslave such human being
ART. 273-EXPLOITATION OF CHILD LABOR

ELEMENTS:
1. The offender retains a minor in his service
2. That it is against the will of the minor
3. That it is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or
person entrusted with the custody of such minor
ART. 274- SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT
ELEMENTS:
1. That the offender compels a debtor to work for him, either as household servant or farm laborer
2. That it is against the debtor’s will
3. That the purpose is to require or enforce the payment of a debt
CRIMES AGAINST SECURITY
ART. 275-ABANDONMENT OF PERSONS IN DANGER AND ABANDONMENT OF ONE’S OWN

VICTIM
Punishable Acts:
1) Failing to render assistance to any person whom the offender finds in an uninhabited place,
wounded or in danger of dying, when he can render such assistance without detriment to himself,
unless such omission shall constitute a more serious offense
2) Failing to help/ render assistance to another whom the offender has accidentally wounded or
injured
3) Failing to deliver a child, under seven yrs. whom the offender has found abandoned, to the
authorities or to his family, or by failing to take him to a safe place
ART. 276-ABANDONING A MINOR

ELEMENTS:
1. That the offender has the custody of a child
2. That the child is under seven(7)yrs.
3. That he abandons such child
4. That he has no intent to kill the child when the latter is abandoned
ART. 277-ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY;

INDIFFERENCE OF PARENTS
ELEMENTS OF ABANDONMENT OF MINOR:

1. That the offender has charge of the rearing or education of a minor
2. That he delivers said minor to a public institution or other persons
3. That the one who entrusted such child to the offender has not consented to such act, or if the one who
entrusted such child to the offender is absent, the proper authorities have not consented to it
ELEMENTS OF INDIFFERENCE OF PARENTS:

1. That the offender is a parent
2. That he neglects his children by not giving them education
3. That his station in life requires such education and his financial condition permits it
4. Failure to give education must be due to deliberate desire to evade such obligation
ART. 278-EXPLOITATION OF MINORS

Prohibited Acts:
1) Causing any boy or girl under 16 to perform any dangerous feat of balancing, physical strength, or
contortion, the offender being any person
2) Employing children under 16 who are not children or descendants of the offender in exhibitions of
acrobat, gymnast, rope-walker, diver, or wild animal tamer, the offender being an acrobat, etc, or circus
mgr. or engaged in a similar calling
3) Employing any descendant under 12 years of age in dangerous exhibitions enumerated in the next
preceding par., the offender being engaged in any of the said callings
4) Delivering a child under 16 gratuitously to any person ff. any callings enumerated, or to any habitual
vagrant or beggar, the offender being an ascendant, guardian, teacher, or person entrusted in any
capacity with the care of such child
5) Inducing any child under 16 to abandon the home of its ascendants, guardians, curators or teachers to
follow any person engaged in any callings mentioned or to accompany any habitual vagrant or beggar, the
offender being any person
Note: RA 7610 punishes abuse, exploitation and discrimination of minors
ART. 280-QUALIFIED TRESPASS TO DWELLING
ELEMENTS:
1. That the offender is a private person
2. That he enters the dwelling of another
3. That such entrance is against the latter’s will
 Qualified if committed by means of violence/intimidation

ART. 281-OTHER FORMS OF TRESPASS
ART.280 ART. 281
 The offender is any person

 Offender is a private person
 Offender enters closed premises or fenced

 Offender enters a dwelling house
estate
 Place entered is inhabited  Place entered is uninhabited
 It is the entering the closed premises or the

 Act constituting the crime is entering the
fenced estate without securing the permission of
dwelling against the will of the owner;
the owner or caretaker thereof
 Prohibition to enter is express or implied  Prohibition to enter must be manifest
ART. 282-GRAVE THREATS

Prohibited Acts:
Threatening another with the infliction upon his person, honor, or property or that of his family any
wrong amounting to a crime:
a) Demanding money or imposing a condition
b) Without any such demand or condition
Qualifying Circumstance:
If threat was made in writing or through a middleman
ART. 283- LIGHT THREATS

ELEMENTS:
1. That the offender makes threat to commit a wrong
2. That the wrong does not constitute a crime
3. That there is a demand for money or that other condition is imposed, even though not unlawful
 Blackmailing may be punished under Art. 283
ART. 284- BOND FOR GOOD BEHAVIOR
ART. 285-OTHER LIGHT THREATS

Prohibited Acts:
1) Threatening another with a weapon, or by drawing such weapon in a quarrel, unless it be in
lawful self-defense
2) Orally threatening another, in the heat of anger, with some harm constituting a crime, without
persisting in the idea involved in his threat
3) Orally threatening to do another any harm not constituting a felony
ART. 286-GRAVE COERCION

ELEMENTS:
1. That a person prevented another from doing something not prohibited by law, or by compelling
him to do something against his will, be it right or wrong
2. That the prevention or compulsion be effected by violence, either by material force or such
display of force as would produce intimidation and control the will of the offended party
3. That the person that restrained the will and liberty of another had no authority
ART. 287- LIGHT COERCION

ELEMENTS:
1. That the offender must be a creditor
2. That he seizes anything belonging to his debtor
3. That the seizure of the thing be accomplished by means of violence or a display of material
force producing intimidation
4. That the purpose of the offender is to apply the same to the payment of the debt
UNJUST VEXATION includes any human conduct which, although not productive of some physical or
material harm would, however, unjustly annoy or vex an innocent person.
ART. 288- OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF MERCHANDISE &

PAYMENT OF WAGES BY MEANS OF TOKENS)
Prohibited Acts:
1) Forcing or compelling, directly or indirectly, or knowingly permitting the forcing or compelling of
the laborer or employee of the offender to purchase merchandise or commodities of any kind from
him
2) Paying the wages due his laborer or employee by means of tokens or objects other than the
legal tender currency of the Phil., unless expressly requested by such laborer or employee
ART. 289-FORMATION, MAINTENANCE, & PROHIBITION OF COMBINATION OF CAPITAL OR
LABOR THROUGH VIOLENCE OR THREATS
Pls see Labor Code Arts. 263, 264, 272 and 288
ART. 290- DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE
ELEMENTS:
1. That the offender is a private individual or even a public officer not in the exercise of his official
function
2. That he seizes the papers or letters of another
3. That the purpose is to discover the secrets of such other person
4. That offender is informed of the contents of the papers or letters seized
ART. 291-REVEALING SECRETS WITH ABUSE OF OFFICE

ELEMENTS:
1. That the offender is a manager, employee or servant
2. That he learns the secrets of his principal or master in such capacity
3. That he reveals such secrets
 Damage not necessary
ART. 292- REVELATION OF INDUSTRIAL SECRETS

ELEMENTS:
1. That the offender is a person in charge, employee or workman of a manufacturing or industrial
establishment
2. That the manufacturing/industrial establishment has a secret of the industry which the offender
has learned
3. That the offender reveals such secrets
4. That prejudice is caused to the owner
CRIMES AGAINST PROPERTY
CLASSIFICATION OF ROBBERY
1. Robbery with violence against, or intimidation of persons (294,297,298)
2. Robbery by use of force upon things (299& 302)
ELEMENTS OF ROBBERY IN GENERAL:

1. That there be personal property belonging to another;
2. That there is unlawful taking of that property
3. That the taking must be with intent to gain
4. That there is violence against or intimidation of any person/ or force used upon things
Violence or intimidation must be present before the taking of personal property is complete
REPUBLIC ACT 6539 applies when the property taken in robbery is a motor vehicle (CARNAPPING)
ART. 294- ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS
This article punishes robbery with either homicide, rape, mutilation, arson, serious physical injuries
or with clearly unnecessary violence. These offenses are known as SPECIAL COMPLEX CRIMES.
ART. 295- ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED PLACE AND
BY A BAND OR WITH THE USE OF FIREARM ON A STREET, ROAD OR ALLEY
Qualified Robbery with Force or Intimidation of Persons:

Nos. 3,4,5 of Article 294: if committed-
1) In an uninhabited place; or
2) By a band; or
3) By attacking a moving train, street car, motor vehicle, or airship; or
4) By entering the passengers’ compartments in a train, or in any manner taking the passengers by
surprise in the respective conveyances; or
5) On a street, road, highway, or alley, and the intimidation is made with the use of firearms, the
offender shall be punished by the maximum periods of the proper penalties prescribed in 294.
ART. 296- DEFINITION OF A BAND AND PENALTY INCURRED BY THE MEMBERS THEREOF
1) When at least four armed malefactors take part in the commission of a robbery, it is deemed
committed by a band.
2) When any of the arms used in the commission of robbery is not licensed, the penalty upon all the
malefactors shall be the maximum of the corresponding penalty provided by law without prejudice to the
criminal liability for illegal possession of such firearms.
3) Any member by a band who was present at the commission of a robbery by the band, shall be
punished as principal of any of the assaults committed by the band, unless it be shown that he attempted
to prevent the same.
ART. 297-ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER CERTAIN

CIRCUMSTANCES
SPECIAL COMPLEX CRIME:
When robbery is attempted or frustrated but homicide is attendant
ART. 298-EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION
ELEMENTS:
1. That the offender has intent to defraud another
2. That the offender compels him to sign, execute, or deliver any public instrument or document
3. That the compulsion is by means of violence or intimidation
ROBBERY BY THE USE OF FORCE UPON THINGS

ART. 299- ROBBERY IN AN INHABITED HOUSE/ PUBLIC BUILDING OR EDIFICE DEVOTED TO
WORSHIP
ELEMENTS: (ROBBERY IN AN INHABITED HOUSE)
1. The offender entered (a) an inhabited house (b) a public building or (c) an edifice devoted to religious
worship
2. The entrance was effected by any of the following means:
a) Through an opening not intended for entrance or egress;
b) By breaking any wall, roof, floor, door or window;
c) By using false keys, picklocks or similar tools; or
d) By using any fictitious name or pretending the exercise of public authority
3. The whole body of the culprit must be inside the building to constitute entering
ELEMENTS: (PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP)

1. Offender is inside a dwelling house, public building or edifice devoted to religious worship, regardless
of the circumstances under which he entered.
2. The offender takes personal property belonging to another with intent to gain under any of the
following circumstances:
a. by the breaking of doors, wardrobes, chests, or any other kind of sealed furniture or receptacle
b. by taking such furniture or objects away to be broken or forced open outside the place of the
robbery
3. If the locked or sealed receptacle is not forced open, crime is estafa or theft.
ART. 300- ROBBERY IN AN UNINHABITED PLACE AND BY A BAND
When committed in an uninhabited place AND by a band, as distinguished from Qualified Robbery
with Violence or Intimidation of Persons (Art 295) which is committed in an uninhabited place OR by a
band.
ART. 302 - ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING
 Same manner of commission as Article 299
ART. 304- POSSESSION OF PICKLOCKS OR SIMILAR TOOLS

ELEMENTS:
1. That the offender has in his possession picklocks or similar tools
2. That such picklocks or similar tools are specially adopted to the commission of robbery
3. That the offender does not have lawful cause for such possession
ART. 305 FALSE KEYS

INCLUSIONS:
1. Tools not mentioned in the next preceding article
2. Genuine keys stolen from the owner
3. Any keys other than those intended by the owner for use in the lock forcibly opened by the offender
ART. 306 BRIGANDAGE
ELEMENTS:
1. There be at least four armed persons.
2. They formed a band of robbers.
3. The purpose is any of the following:
a) To commit robbery in a highway; or
b) To kidnap persons for the purpose of extortion or to obtain ransom; or
c) To attain by means of force or violence any other purpose
Any person who aids or abets the commission of highway robbery or brigandage shall be
considered accomplices.
a) by giving information about the movement of police or other peace officers of the government
b) acquires or receives property taken from such brigands
c) in any manner derives any benefit therefrom
d) directly/indirectly abets the commission of highway robbery
ART. 308-WHO ARE LIABLE FOR THEFT

ELEMENTS:
1. That there be taking of personal property
2. That said property belongs to another
3. That the taking be done with intent to gain
4. That the taking be done without the consent of the owner
5. That the taking be accomplished without the use of violence against or intimidation of persons or force
upon things
What distinguishes THEFT from ROBBERY is that in theft the offender does not use violence or
intimidation or does not enter a house or building through any of the means specified in Art. 299 or Art.
302 in taking personal property of another with intent to gain
ART. 310-QUALIFIED THEFT
There is qualified theft in the ff. instances:

1) If theft is committed by a domestic servant
2) If committed with grave abuse of confidence
3) If the property stolen is a motor vehicle, mail matter, or large cattle
4) If the property stolen consists of coconuts taken from the premises of plantation
5) If the property stolen is fish taken from a fishpond or fishery
6) If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or any
other calamity, vehicular accident or civil disturbance
CRIMES CALLED USURPATION

(ARTS. 312 & 313)
ART. 312- OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY
ELEMENTS:
1. That the offender takes possession of any real property or usurps any real rights in property
2. That the real property or real rights belong to another
3. That violence against or intimidation of persons is used by the offender in occupying real property
or usurping real property or usurping real rights in property
4. That there is intent to gain
ART.313 - ALTERING BOUNDARIES OR LANDMARKS
ELEMENTS:
1. That there be boundaries marks or monuments of towns, provinces, or estates, or any other marks
intended to designate the boundaries of the same
2. That the offender alters said boundary marks
ART. 314- FRAUDULENT INSOLVENCY

ELEMENTS:
1. That the offender is a debtor
2. That he absconds with his property
3. That there be prejudice to his creditors
ART. 315-SWINDLING/ESTAFA
ELEMENTS in general
1. That the accused defrauded another by abuse of confidence, or by means of deceit
2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third
persons
ESTAFA WITH UNFAITHFULNESS OR ABUSE OF CONFIDENCE

ELEMENTS OF 315, NO.1 (A):
1. That the offender has an onerous obligation to deliver something of value
2. That he alters its substance, quantity or quality
3. That damage or prejudice is caused to another
ELEMENTS OF 315, NO.1 (B)

1. That money, goods, or other personal property be 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 same
2. That there be misappropriation or conversion of such money or property by the offender, or denial on
his part of such receipt
3. That such misappropriation or conversion or denial is to the prejudice of another
4. That there is demand made by the offended party to the offender
ELEMENTS OF 315, NO.1 (C)
1. That the paper with the signature of the offended party be in blank
2. That the offended party should have delivered it to the offender
3. That above the signature of the offended party a document is written by the offender without authority
to do so
4. That the document so written creates a liability of, or causes damage to the offended party or any
third person
ESTAFA BY MEANS OF DECEIT (Art. 315, nos. 2 and 3)
ELEMENTS OF 315, NO.2:

1. That there must be false pretense, fraudulent act or fraudulent means
2. That such false pretense, fraudulent act or fraudulent means must be made or executed prior to or
simultaneously with the commission of fraud
3. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent means,
that is, he was induced to part with is money or property because of the false pretense, fraudulent act,
or fraudulent means
4. That as a result thereof, the offended party suffered damage
315 NO.2 (A)

1) By using a fictitious name
2) By falsely pretending to possess power, influence, qualifications, property, credit, agency, business or
imaginary transactions
3) By means of other similar deceits
315 No.2 (B)

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

By pretending to have bribed any Government employee
ELEMENTS OF 315 No. 2 (D)

1. That the offender postdated a check, or issued a check in payment of an obligation
2. That such postdating or issuing a check was done when the offender had no funds in the bank, or his
funds deposited therein were not sufficient to cover the amount of the check
3 WAYS TO COMMIT 315, NO. 2(E)
1) By obtaining food, refreshment or accommodation at hotel, inn, restaurant, boarding house, lodging
house or apartment house without paying therefor, with intent to defraud the proprietor or manager
thereof
2) By obtaining credit at any of the said establishments by the use of any false pretense
3) By abandoning or surreptitiously removing any part of his baggage from any of the said establishment
after obtaining credit, food, refreshment or accommodation therein, without paying
ELEMENTS OF 315 NO. 3 (A)

1. That the offender induced the offended party to sign a document
2. The deceit be employed to make him sign the document
3. That the offended party personally signed the document
4. That prejudice be caused
315 No. 3 (B) - resorting to some fraudulent practice to insure success in a gambling game
ELEMENTS OF 315 NO. 3 (C)

1. That there be court record, office files, documents or any other papers
2. That the offender removed, concealed or destroyed any of them
3. That the offender had intent to defraud another
ART. 316- OTHER FORMS OF SWINDLING

PERSONS LIABLE:
1) Any person who, pretending to be the owner of any real property, shall convey, sell, encumber
or mortgage the same
2) Any person who, knowing that real property is encumbered, shall dispose of the same, although
such encumbrance be not recorded
3) The owner of any personal property who shall wrongfully take it from its lawful possessor, to
the prejudice of the latter or any third person
4) Any person who, to the prejudice of another, shall execute any fictitious contract
5) Any person who shall accept any compensation given under the belief that it was in payment of
services rendered or labor performed by him, when in fact he did not actually perform such services or
labor
6) Any person who, while being a surety in a bond given in a criminal or civil action, without
express authority from the court or before the cancellation of his bond or before being relieved from the
obligation contracted by him, shall sell, mortgage, or, in any other manner, encumber the real property or
properties with which he guaranteed the fulfillment of such obligation
ART. 317-SWINDLING A MINOR
ELEMENTS:
1. That the offender takes advantage of the inexperience or emotions or feelings of a minor
2. That he induces such minor to assume an obligation, or to give release, or to execute a transfer of
any property right
3. That the consideration is some loan of money, credit, or other personal property
4. That the transaction is to the detriment of such minor
ART. 318- OTHER DECEITS

1) By defrauding or damaging another by any other deceit not mentioned in the preceding articles
2) By interpreting dreams, by making forecasts, by telling fortunes, by taking advantage of the
credulity of the public in any other similar manner, for profit or gain
ART 319- REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY
ELEMENTS: (par 1)
1. personal property mortgaged under Chattel Mortgage Law
2. Offender knows such mortgage
3. He removes personal property to any province or city other than the one in which it was located at the
time of the execution of the mortgage
4. Removal is permanent
5. No written consent of mortgagee, executors, administrators or assigns to such removal
ELEMENTS: (par 2)
1. Personal property pledged under CML
2. Offender, who is the mortgagor, sells or pledges the same property or any part thereof
3. No consent of mortgagee written at the back of mortgage and noted on the record thereof in the Office
of the Register of Deeds
 Damage to the mortgagee not essential
ART. 320-326-b REPEALED BY PD 1613
PD 1613 – AMENDING THE LAW ON ARSON
ARSON – when any person burns or sets fire to the property of another; or to his own property under
circumstances which expose to danger the life or property of another
DESTRUCTIVE ARSON
1) Any ammunition factory and other establishment where explosives, inflammable or combustible
materials are stored
2) Any archive, museum, whether public or private, or any edifice devoted to culture, education or social
services.
3) Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or
property
4) Any church or place of worship or other building where people usually assemble
5) Any building where evidence is kept for use in any legislative, judicial, administrative or other official
proceeding
6) Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private
market, theater or movie house or any similar place or building
7) Any building, whether used as a dwelling or not, situated in a populated or congested area
OTHER CASES OF ARSON

1) Any building used as offices of the Government or any of its agencies
2) Any inhabited house or dwelling
3) Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel
4) Any plantation, farm, pasture land, growing crop or grain field, orchard, bamboo grove or forest
5) Any rice mill, sugar mill, cane mill or mill central
6) Any railway or bus station, airport, wharf, or warehouse
SPECIAL AGGRAVATING CIRCUMSTANCES IN ARSON

1) If committed with intent to gain
2) If committed for the benefit of another
3) If the offender be motivated by spite or hatred towards the owner or occupant of the property burned
4) If committed by a syndicate
 The offense is committed by a syndicate if it is planned or carried out by a group of three or more
persons
 If a part of the building commences to burn, the crime is consummated arson, however small is the
portion burned.
 When there is fire, the crime committed is either frustrated or consummated arson, never attempted.
 Mere conspiracy to commit arson is punishable.
ART. 327 – MALICIOUS MISCHIEF
ELEMENTS:
1. That the offender deliberately caused damage to the property of another
2. That such act does not constitute arson or other crimes involving destruction
3. That the act of damaging another’s property be committed merely for the sake of damaging it
ART. 328 SPECIAL CASES OF MALICIOUS MISCHIEF (Qualified)
1) Causing damage to or obstructing the performance of public functions

2) Using poisonous or corrosive substances
3) Spreading any infection or contagion among cattle
4) Causing damage to the property of the National Museum or National Library, or to any archive or
registry, waterworks, road, promenade, or any other thing used in common by the public
ART. 330 – DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION
PERSONS LIABLE:
Any person who shall damage any railway, telegraph or telephone lines
 The offense is qualified if the damage shall result in the derailment of cars, collision or other
accident.
ART 331- DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR PAINTINGS
ART. 332 – PERSONS EXEMPT FROM CRIMINAL LIABILITY

Crimes involved:
1) Theft
2) Swindling
3) Malicious mischief
PERSONS EXEMPTED:
1) Spouses, ascendants and descendants, or relatives by affinity on the same line
2) The widowed spouse with respect to the property which belonged to the deceased spouse before the
same shall have passed to the possession of another
3) Brothers and sisters and brothers in law and sisters in law, if living together
 Stepfather, adopted father, natural children, concubine, paramour included

 Also applies to common-law spouses
CRIMES AGAINST CHASTITY

ART. 333 – ADULTERY
ELEMENTS:
1. That the woman is married
2. That she has sexual intercourse with a man not her husband
3. That as regards to the man with whom she has sexual intercourse, he must know her to be married
 The acquittal of one of the defendants does not operate as a cause for acquittal of the other
 The pardon must come before the institution of the criminal prosecution
 The offended party must pardon both the offenders
 Abandonment of the wife by the husband without justification is only a mitigating circumstance
ART. 334 – CONCUBINAGE
ELEMENTS:
1. That the man must be married

2. That he committed any of the ff. acts:
a. Keeping a mistress in the conjugal dwelling.
b. having sexual intercourse under scandalous circumstances with a woman who is not his wife
c. cohabiting with her in any other place
3. As regards to the woman, she must know him to be married
ART. 336- ACTS OF LASCIVIOUSNESS
ELEMENTS:
1. That the offender commits any act of lasciviousness or lewdness
2. That it is done under any of the ff. circumstances
a. By using force or intimidation
b. When the offended party is deprived of reason or otherwise unconscious
ART. 337- QUALIFIED SEDUCTION
Two classes
1) Seduction of a virgin over 12 years and under 18 years of age by persons who abuse their authority or
the confidence reposed
2) Seduction of a sister by her brother or descendant by her ascendant, regardless of her age and
reputation
VIRGINITY - does not mean physical virginity. The RPC does not exclude the idea of abduction of a
virtuous woman of good reputation.
ART. 338 – SIMPLE SEDUCTION

ELEMENTS:
1. That the offended party is over 12 and under 18 years of age

2. That she must be of good reputation, single or widow
3. That the offender has sexual intercourse with her
4. That it is committed by means of deceit
ART. 339 – ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY
ELEMENTS:
1. That the offender commits acts of lasciviousness or lewdness
2. That the acts are committed upon a woman who is a virgin or a widow of good reputation, under 18
years of age but over 12 years, or a sister or descendant regardless of her reputation or age
3. That the offender accomplishes the acts by abuse of authority, confidence, relationship or deceit
ART. 340 – CORRUPTION OF MINORS (as amended by BP 92)
 To promote or facilitate the prostitution or corruption of persons under age to satisfy the lust of
another
RA 7610 - Child Prostitution and Attempt to Commit Child Prostitution are punished under this Act.
ART. 341- WHITE SLAVE TRADE
Prohibited Acts:
1) Engaging in the business of prostitution
2) Profiting by prostitution
3) Enlisting the services of women for the purpose of prostitution
ART. 342- FORCIBLE ABDUCTION

ELEMENTS:
1. That the person abducted is a woman

2. That the abduction is against her will
3. That the abduction is with lewd design
 Conviction of acts of lasciviousness, not a bar to conviction of forcible abduction

 Attempted Rape is absorbed by Forcible Abduction as the former constitutes the element of lewd
design
ART. 343- CONSENTED ABDUCTION
ELEMENTS:
1. That the offended party must be a virgin
2. That she must be over 12 and under 18 years of age
3. That the taking away of the offended party must be with her consent, after solicitation or cajolery from
the offender
4. That the taking away of the offended party must be with lewd designs
 If girl is under 12 – ALWAYS FORCIBLE ABDUCTION
CRIMES AGAINST CHASTITY WHERE AGE AND REPUTATION OF THE VICTIM ARE IMMATERIAL:
1) Acts of Lasciviousness against the will of the offended party; or against a sister or descendant
2) Qualified Seduction of sister or descendant
3) Forcible Abduction
CRIMES AGAINST CIVIL STATUS

ART. 347 – SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER,
CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD
Object of the crime under ART. 347 is the creation of false or the causing of the loss of civil status
ART. 348 – USURPATION OF CIVIL STATUS

 Usurping the civil status of another is committed by assuming the filiation, or the parental or conjugal
rights of another with intent to enjoy the rights arising from the civil status of the latter.
 Crime is qualified if the purpose is to defraud offended parties and heirs
ILLEGAL MARRIAGES
(ARTS 349-351)
ART. 349 – BIGAMY
ELEMENTS:
1. That the offender is legally married
2. That the marriage has not been dissolved or, in case the spouse is absent, the absent spouse could
not yet be presumed dead according to the Civil Code
3. That he contracts a second marriage or subsequent marriage
4. That the second or subsequent marriage has all the essential requisites for validity
 A person convicted of bigamy may still be prosecuted for concubinage.

 The second spouse who knew of the first marriage is an accomplice, as well as the person who
vouched for the capacity of either of the contracting parties.
ART. 350 – MARRIAGE CONTRACTED AGAINST PROVISIONS OF LAWS
ELEMENTS:
1. That the offender contracted marriage
2. That he knew at the time that ---
a. The requirements of the law were not complied with; or
b. The marriage was in disregard of a legal impediment
c. The offender must not be guilty of bigamy
Qualifying Circumstance - if either of the contracting parties obtains the consent of the other by
means of violence, intimidation or fraud
ART. 351- PREMATURE MARRIAGES

PERSONS LIABLE:
1) A widow who married within 301 days from the date of the death of her husband, or before having
delivered if she is pregnant at the time of his death
2) A woman whose marriage having been annulled or dissolved, married before delivery or before
expiration of the period of 301 days after the date of legal separation
 Period may be disregarded if the first husband was impotent or sterile
ART. 352- PERFORMANCE OF ILLEGAL MARRIAGES
 Priests, or ministers of any religious denomination or sect, or civil authorities who shall perform or
authorize any legal marriage ceremony
CRIMES AGAINST HONOR
ART. 353 LIBEL

ELEMENTS:
1. That there must be an imputation of a crime, or a vice or defect, real or imaginary, or any act,
omission, condition, status or circumstance
2. That the imputation must be made publicly
3. That it must be malicious
4. That the imputation must be directed at a natural person or a juridical person, or one who is dead.
5. That the imputation must tend to cause the dishonor, discredit, or contempt of the person defamed.
2 TYPES OF MALICE:
1) malice in fact – shown by proof of ill-will, hatred, or purpose to injure; also known as EXPRESS
MALICE
2) malice in law – presumed from defamatory imputation; proof is not required because it is
presumed to exist from the defamatory imputation;
 When the communication is PRIVILEGED, malice is not presumed from the defamatory words.
ART. 354 REQUIREMENTS FOR PUBLICITY
MALICE IN LAW – Every defamatory imputation is presumed to be malicious, even if it be true, if no

good intention or justifiable motive is shown.
The PRESUMPTION is rebutted if it is shown by the accused that –

a. The defamatory imputation is true, in case the law allows proof of the truth of the imputation.
(see Art. 361)
b. It is published with good intention.
c. There is justifiable motive for making it.
MALICE is not presumed in the following cases:
1) Private communication made by any person to another in the performance of any legal, moral or social
duty.
2) A fair and true report of any judicial, legislative, or other proceedings which are not of confidential
nature;
3) Or of any statement, report, or speech delivered in said proceedings, or of any other act performed by
public officers in the exercise of their functions
ART. 355 – LIBEL BY MEANS OF WRITINGS OR SIMILAR MEANS
Committed by means of: 1) writing 2) printing 3) lithography 4) engraving 5) radio 6) phonograph

7) painting 8) theatrical exhibition 9) cinematographic exhibitions 10) similar means
ART. 356 THREATENING TO PUBLISH AND OFFER TO PREVENT SUCH PUBLICATION FOR
COMPENSATION
Prohibited acts:
1) Threatening another to publish a libel concerning him, or his parents, spouse, child or other members
of the family
2) Offering to prevent the publication of such libel for compensation or money consideration
FELONIES WHERE BLACKMAIL IS POSSIBLE:

1) Light threats (283)
2) Threatening to publish, offering to prevent the publication of a libel for compensation (356)
ART. 357 – PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFICIAL

PROCEEDINGS
ELEMENTS:
1. The offender is a reporter, editor or manager of a newspaper, daily or magazine
2. He publishes facts connected with the private life of another
3. Such facts are offensive to the honor, virtue and reputation of said person
 Prohibition applies even if the facts are involved in official proceedings.

 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. 358 – SLANDER (oral defamation)

KINDS:
1) Simple slander
2) Grave slander, when it is of a serious and insulting nature
ART. 359 SLANDER BY DEED
ELEMENTS:
1. That the offender performs any act not included in any other crime against honor
2. That such act is performed in the presence of other persons
3. That such act cast dishonor, discredit, or contempt upon the offended party
Common element of Slander by deed and Unjust Vexation – Irritation or Annoyance; without any
other concurring factor, it is only Unjust Vexation; If the purpose is to shame or humiliate, Slander by
deed.
ART 360. PERSONS RESPONSIBLE FOR LIBEL
1) Any person who shall publish, exhibit or cause the publication or exhibition of any defamation in
writing or by similar means
2) The author, editor of the book or pamphlet
3) Editor, business manager of newspaper or magazine, responsible to the same extent as if he were the
author
4) Owner of the printing plant which publishes the libelous article and all other persons who in any way
participate
ART. 361 PROOF OF TRUTH
WHEN PROOF OF THE TRUTH IS ADMISSIBLE IN A CHARGE FOR LIBEL:

1. When the act or omission imputed constitutes a crime regardless of whether the offended party is a
private individual or a public officer.
2. When the offended party is a Government employee, even if the imputation does not constitute a
crime, provided it is related to the discharge of his official duties.
Defense in defamation:
1. It appears that the matters charged as libelous is true
2. It was published with good motives
3. And for a justifiable end
ART. 363 – INCRIMINATING INNOCENT PERSONS
ELEMENTS:
1. That the offender performs an act
2. That by such act he directly incriminates or imputes to an innocent person the commission of a crime
3. That such act does not constitute perjury
ART. 364 INTRIGUING AGAINST HONOR
Committed by any person who shall make any intrigue which has for its principal purpose to
blemish the honor or reputation of another.
ART. 365 – IMPRUDENCE AND NEGLIGENCE
ELEMENTS (RECKLESS IMPRUDENCE):

1. That the offender does or fails to do an act.
2. That the doing of or the failure to do that act is voluntary.
3. That it be without malice.
4. That material damage results.
5. That there is inexcusable lack of precaution on the part of the person performing or failing to perform
such act taking into consideration - - -
a) Employment or occupation.
b) Degree of intelligence, physical condition.
c) And other circumstances regarding persons, time and place.
ELEMENTS (SIMPLE IMPRUDENCE):

1) That there is lack of precaution on the part of the offender.
2) That the damage impending to be caused is not immediate nor the danger clearly manifest.
 Art 64 relative to mitigating and aggravating circumstances not applicable to crimes committed
through negligence
THE PENALTIES PROVIDED FOR IN ARTICLE 365 ARE NOT APPLICABLE WHEN:
a) the penalty provided for the offense is equal to or lower than those provided in the first two
paragraphs of Art 365
b) by imprudence or negligence, and with violation of the Automobile Law, the death of a person shall be
caused
QUALIFYING CIRCUMSTANCE:
When the offender fails to lend help to the injured parties

LECTURE (Crim Book 2)

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LECTURE (Crim Book 2)

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CRIMINAL LAW (BOOK 2)

Prepared by: Atty. Reymond G. Nuque

CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

CRIMES AGAINST NATIONAL SECURITY

Elements of Conspiracy to commit treason

Elements of Proposal to commit treason

Elements of Misprision of treason

CRIMES AGAINST LAW OF NATIONS

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

CRIMES AGAINST PUBLIC ORDER

5. Art. 138. Inciting a rebellion or insurrection.

Art. 148. Direct assaults. Two ways of committing direct assault:

A person who, by direct provision of law or by election or by appointment by competent authority, is

Persons in authority/Agents of persons in authority (Art. 152)

Art. 155. Alarms and scandals. — Punishable acts:

KINDS OF EVASION OF SERVICE OF SENTENCE (ARTS. 157-159)

CRIMES AGAINST PUBLIC INTEREST

Art. 162. Using forged signature or counterfeit seal or stamp.

Art. 163. Making and importing and uttering false coins.

 Coins withdrawn from circulation may be counterfeited

Art. 164. Mutilation of coins; Importation and utterance of mutilated coins.

Art. 165. Selling of false or mutilated coin, without connivance.

2. By erasing, substituting, counterfeiting or altering by any means the figures, letters,

CLASSES OF FALSIFICATION (ARTS. 170-173)

Art. 170. Falsification of legislative documents.

Art. 172. Falsification by private individual and use of falsified documents.

Art. 175. Using false certificates.

Art. 176. Manufacturing and possession of instruments or implements for falsification.

Art. 177. Usurpation of authority or official functions.

 May be violated by a public officer

Art. 178. Using fictitious name and concealing true name.

Art. 179. Illegal use of uniforms or insignia.

THREE FORMS OF FALSE TESTIMONY (ARTS. 180-183)

Art. 180. False testimony against a defendant.

 Defendant must be sentenced to at least a correctional penalty or a fine or must be acquitted

Art. 184. Offering false testimony in evidence.

Art. 185. Machinations in public auctions.

Art. 186. Monopolies and combinations in restraint of trade.

Art. 189. Unfair competition, fraudulent registration of trade-mark, trade-name or service

CRIMES AGAINST PUBLIC MORALS (ARTS. 195-202)

See PD 1602- Law prescrinign Stiifer Penalty in Gambling as amended by RA 9287

Art. 196. Importation, sale and possession of lottery tickets or advertisements.

Art. 197. Betting in sports contests

Art. 199. Illegal cockfighting.

Art. 202. Vagrants and prostitutes;

ART. 203 WHO ARE PUBLIC OFFICERS

CRIMES OF MALFEASANCE & MISFEASANCE IN OFFICE (ARTS. 204-211)

 MISFEASANCE- improper performance of some act which might lawfully be done

Art. 204. Knowingly rendering unjust judgment

Art. 206. Unjust interlocutory order

Art. 207. Malicious delay in the administration of justice

Art. 208. Prosecution of offenses; negligence and tolerance

Art. 209. Betrayal of trust by an attorney or solicitor. — Revelation of secrets

Art. 211. Indirect bribery

Art. 212. Corruption of public officials

Art. 215. Prohibited transactions.

Art. 216. Possession of prohibited interest by a public officer.

Art. 217. Malversation of public funds or property; Presumption of malversation.

Malversation may be committed by private individuals in the following cases:

 Malversation is principally distinguished from estafa by:

Art. 218. Failure of accountable officer to render accounts

Art. 220. Illegal use of public funds or property

MALVERSATION ILLEGAL USE