Crimes against National Security: Treason, Espionage, and Related Offenses

Law Crime Definition Acts Included Elements Case Doctrines
TITLE ONE Crimes against National Security The Law of Nations
• People v Perez Extent of aid provided

must be to render assistance as enemies
and be directly in furtherance of enemies
First Mode hostile design
1 Offender is a Filipino citizen OR an alien
1 Actual assembly of men • People v Prieto When an act is charged
residing in the Philippines
Treason 2 Purpose is to execute a as an element of treason it becomes
2 There is a war in which the PH is
A breach of allegiance to a treasonable design by force identified with the latter and cannot be the
involved
114 government committed by a subject of a separate punishment nor used
3 Offender either
person who owes allegiance Second Mode in combination with treason to increase the
a levies war against the government
to it 1 Adhering to enemy penalty
b adheres to the enemies giving
2 Give aid or comfort to the • People v Adriano The 2 witness
them aid or comfort
enemy requirement interpreted literally requires
that 2 witnesses shall testify to the same
overt act not to a similar act occurring over
2 different dates
Conspiracy in time of war two

Acts of treason levy war against the
or more persons agree to commit
government or adhere to its enemies
the acts constituting treason
Conspiracy Proposal to
115 Proposal in time of war a
Commit Treason
person who has decided to Acts of treason levy war against the
commit an act of treason proposes government or adhere to its enemies
its execution to some other person
1 PH citizen who owes allegiance to the

Government
Knowingly concealing not 2 Has knowledge of any conspiracy to
116 Misprision of Treason disclosing a plot of treason to commit treason
established authorities 3 Conceals or does not disclose the same
to the governor mayor or fiscal of the
province city he resides in
Criminal Law 2 1
Matthew Dayday A2022
Entering without authority

1 Offender enters any of the places
therefore a warship fort or naval
mentioned
or military establishment or
2 Has no authority
reservation to obtain any
3 Purpose is to obtain information plans
Espionage information plans photographs or
photographs or other data of a
Gathering transmitting or other data of a confidential nature confidential nature relative to the
losing information respecting relative to the defense of the defense of the PH Santos v Misa Espionage has no
117 Philippines
the national defense with nationality requirement
intent to injure the
Philippines Disclosing to the representative of 1 Public officer
a foreign nation the contents of 2 Possesses articles data or information
the articles data or information by reason of his public office
which he had in his possession by 3 Discloses their contents to a
reason of the public office he holds representative of a foreign nation
1 Offender performs unlawful or

unauthorized acts
2 Acts either
Inciting to War Giving Provocation for hostile action by a provoke or give occasion for a war
118
Motives to Reprisals another nation involving or liable to involve the
Philippines OR
b Expose Filipino citizens to reprisals
on their persons or property
1 War in which the Philippines is not
involved
Violating any regulation which 2 Regulation issued by competent
119 Violation of Neutrality
enforces neutrality authority for the purpose of enforcing
neutrality
3 Offender violates regulation
1 Time of war in which the Philippines is
Communication by mean of letters
involved
with an enemy country or territory
Correspondence w Hostile 2 Offender makes correspondence with
120 occupied by enemy troops
Country an enemy country or territory occupied
by enemy troops
Qualifying Elements
3 Correspondence is either
Criminal Law 2 2
1 Notice or information might be a Prohibited by government OR

useful to the enemy b Carried on in ciphers or
2 Offender intended to aid the conventional signs OR
enemy c Containing notice or information
which might be useful to the
enemy
1 War in which the Philippines is involved
2 Owes allegiance to the Government
Attempting to flee or go to an permanent or temporary
121 Flight to Enemy s Country enemy country when such is 3 Offender attempts to flee or go to
prohibited enemy country
4 Going to enemy country is prohibited
by competent authority
1 A vessel is on the high seas or in
1 Attacking or seizing a vessel
Philippine waters
on the high seas or in
2 Not members of the complement or
Philippine waters People v Lol lo and Saraw Piracy may be
passengers of the vessel
2 Seizing in the vessel while on punished by any competent tribunal of any
3 Offenders either
122 Piracy the high seas or in Philippine country where the offender may be found
a Attack or seize the vessel
waters the whole or part of or into which he may be carried
b Seize the whole or part of the
its cargo its equipment or
cargo of said vessel its equipment
personal belongings of its
or personal belongings of its
complement or passengers
complement or passengers
Unlawful resistance to a superior US v Dasal In mutiny not all members of
officer or raising of commotions the complement are punished as
122 Mutiny and disturbances on board a ship co principals The accused vary in the
against the authority of its degree of participation and this should be
commander appreciated
Crime of piracy is committed under any of
the following circumstances People v Rodriguez Qualified piracy is
Piracy attended by qualifying
1 Seized a vessel by boarding or firing considered as a special complex crime
123 Qualified Piracy circumstances resulting in a higher
upon the same punishable by death regardless of the
penalty
2 Prates have abandoned their victims number of victims
without means of saving themselves
Criminal Law 2 3
3 Accompanied by murder homicide

physical injuries or rape
1 Compelling a change in the
course of destination of an Qualifying Circumstances
aircraft of Philippine registry 1 Firing upon the pilot member of the
2 Seizing or usurping control crew or passenger of the aircraft
thereof while it is in flight 2 Exploded or attempted to explode any
RA
Hijacking 3 Compelling an aircraft of bomb or explosive to destroy the
6235
foreign registry to land in aircraft
Philippine territory 3 Crime is accompanied by murder
4 Seizing or usurping control of homicide serious physical injuries or
a foreign airfact while it is in rape
Philippine territory
TITLE TWO Crimes against the Fundamental Laws of State
• Umil v Ramos Persons may be arrested
without a warrant when 1 in his presence
crime is being committed 2 the offense has
just been committed and he has personal
knowledge of the facts 3 person arrested is
1 Offender is a public officer or employee an escaped prisoner Rebellion subversion
Detention of any person by a 2 Detains a person being continuous crimes fall under 1 and 2
public officer without legal 3 Detention is without legal grounds • Milo v Salonga One need not be a police
grounds officer to be chargeable with Arbitrary
Without Legal Ground Detention A public officer with the duty of
124 Arbitrary Detention 1 Detention 3 days 1 Has not committed any crime or there is maintaining peace and order has the authority
2 Detention for 3 15 days no legal ground for suspicion that he to detain or order detention and can be
3 Detention for 15 days 6 has committed a crime charged with Arbitrary Detention
months 2 Not suffering from violent insanity or • People v Bringas A public officer who has a
4 Detention 6 months any other ailment requiring compulsory duty under the law to detain a person but
confinement in a hospital detains said person without any legal ground
is liable for Arbitrary detention defined and
penalized under Art 124 of the RPC As
opposed to arbitrary detention in the crime of
kidnapping and serious illegal detention
under Art 267 122 of the RPC one of the
Criminal Law 2 4
elements is that the offender is a private

individual
1 Public officer or employee

2 Detained a person for some legal
ground
Not immediately delivering a
3 Fails to deliver such person to the
Delay in the Delivery of person detained by virtue of a
125 proper judicial authorities within
Detained Persons lawful warrantless arrest to a
a 12 hours light penalties
proper judicial authority
b 18 hours correctional penalties
c 36 hours afflictive or capital
penalties
2 Judicial or executive order for the
1 Delaying the performance of a
release of a prisoner or detention
judicial or executive order for
prisoner or a proceeding upon a
the release of a prisoner
petition for the liberation of such person
2 Unduly delaying the service of
3 Offender without good reason delays
the notice of such order to
126 Delaying Release a Service of notice of order to the
said prisoner
prisoner
3 Unduly delaying the
b Performance of such judicial or
proceeding upon any petition
executive order for the release of
for the liberation of such
the prisoner
person
c Proceedings upon a petition for the
release of such person
1 Expelling a person from the
2 Expels any person from the Philippines
Philippines
127 Expulsion or compels a person to change his
2 Compelling a person to
residence
change his residence
3 Not authorized to do so by law
1 Entering any dwelling against 1 Public officer or employee
the will of the owner 2 Not authorized by judicial order to enter
128 Violation of Domicile
2 Searching papers or other the dwelling and or to make a search
effects found in there without therein for papers or other effects
Criminal Law 2 5
the previous consent of such

owners
3 Refusing to leave the
premises after surreptitiously
entered said dwelling and
having been required to leave
the same
Qualifying circumstances
1 Committed at nighttime
2 Any papers or effects not
constituting evidence of a
crime are not returned
immediately after the search
made by the offender
Stonehill v Diokno The exclusion of
illegally seized documents papers and
Search Warrants Maliciously Procuring a search warrant things as evidence is the only practical
129 2 Procures a search warrant
Obtained without just cause means of enforcing the constitutional
3 No just cause
injunction against unreasonable searches
and seizures
Exceeding authority or by using 2 Legally procured a search warrant
Abuse in the Service of
129 unnecessary severity in executing 3 Exceeds his authority or uses
Those Legally Obtained
a search warrant legally procured unnecessary severity in executing the
same
2 Armed with search warrant legally
Proper search being done without procured
Searching Domicile without the person being searched his 3 Searches the domicile papers or other
130
Witnesses family or 2 witnesses in the same belongings of any person
locality 4 Owner or any member of his family or
two witnesses residing in the same
locality are not present
Criminal Law 2 6
1 Prohibiting or interrupting
without legal ground the
holding of a peaceful meeting
or dissolving the same
2 Hindering any person from
joining any lawful association 1 Public officer
Prohibition interruption and
or from attending any of its 2 A stranger not participant to the
131 dissolution of peaceful
meetings meeting
meetings
3 Prohibiting or hindering any 3 Performs any of those acts
person from addressing either
alone or together with others
any petition to the authorities
for the correction of abuses or
redress of grievances
Preventing or disturbing the 1 Public officer or employee
ceremonies of any religion 2 Religious ceremonies or manifestations
Interruption of religious
132 of any religion are about to take place
worship
Qualifying Circumstances or are going on
• Violence or threats 3 Prevents or disturbs the same
1 Acts were performed People v Baes Whether or not the act
a In a place devoted to religious complained of is offensive to religious
worship OR feelings is a question of fact which must be
Offending the religious Acts that are notoriously offensive
133 b During the celebration of any judged only according to the feelings of
feelings to the feelings of the faithful
religious ceremonies those afflicted and not those of other faiths
2 Acts must be notoriously offensive to as what may offend one may not
the feelings of the faithful necessarily offend the other
TITLE THREE Crimes against Public Order
• Enrile v Salazar Rebellion cannot be
1 A public uprising
complexed with common crimes committed at
A crime of multitude of men where 2 Taking arms against the Government
the time of its commission whether necessary
the object of the movement is to 3 Purpose of the uprising or movement is
134 Rebellion Insurrection or intended
overthrow and supersede the either
• People v Dasig Rebellion is committed by
existing government a to remove from the allegiance to
taking up arms against the government
said Government or its laws
among other means Acts committed in
Criminal Law 2 7
i the territory of the furtherance of rebellion though crimes in

Philippines or any part themselves are deemed absorbed in one
thereof or single crime of rebellion
ii any body of land naval or • Baylosis v Chavez The absorption doctrine
other armed forces or can only apply if there are no penal provisions
b to deprive the Chief Executive or defining acts as specific offenses
Congress wholly or partially of any • People v Lovedioro In deciding whether a
of their powers or prerogatives crime is rebellion or murder the political
motive must be proven The burden of
demonstrating political motive falls on the
defence
1 Person or persons belonging to the

military or police or holding any public
office or employment
2 Committed by means of a swift attack
accompanied by violence intimidation
A swift attack accompanied by
threat strategy or stealth
violence intimidation threat
3 Directed against duly constituted
134 strategy or stealth against duly
Coup d etat authorities of the Republic of the
A constituted authorities with the
Philippines or any military camp or
aim to seize or diminish state
installation communication networks
power
public utilities or other facilities needed
for the exercise and continued
possession of power
4 Purpose of the attack is to seize or
diminish state power
Conspiracy two or more
persons come to an agreement to
Conspiracy and proposal to commit acts of rebellion Acts of rebellion rise publicly and take up
136 commit rebellion Proposal one person who has arms against the government for purposes
insurrection decided to commit rebellion of rebellion
proposes its execution to some
other person
Criminal Law 2 8
Conspiracy and proposal to Cf conspiracy and proposal to

136 Cf RPC 134 A
commit coup d etat commit rebellion
1 Failing to resist a rebellion by
all the means in their power
2 Continuing to discharge duties
Disloyalty of public officers Public officer or employee who is not in
137 of offices under the control of
or employees conspiracy with the rebels
rebels
3 Accepting appointment to
offices under control of rebels
1 Does not take arms or is not in open
Inciting to rebellion or Inciting others to commit the acts hostility against the Government
138
insurrection of rebellion for any of its purposes 2 Incites others to the execution of any of
the acts of rebellion in RPC 134
1 Rises publicly and tumultuously
2 Employs force intimidation or other
means outside of legal methods
3 Employed to attain any of the following
objects
a prevent the promulgation or
execution of any law or the holding
of any popular election
b prevent the government or any
Raising of commotions or public officer thereof from freely
disturbances in the State to exercising its or his functions or
139 Sedition
achieve the goal of violating public prevent the execution of any
peace administrative order
c inflict any act of hate or revenge
upon the person or property of any
public officer or employee
d commit for any political or social
end any act of hate or revenge
against private persons or any
social class and
e despoil for any political or social
end any person municipality or
Criminal Law 2 9
province or the National

Government of all its property or
any part thereof
Conspiracy two people
Conspiracy to commit
141 agreeing and deciding to attain an Cf RPC 139
sedition
object of sedition
1 Does not take direct part in sedition
2 Incites others to the accomplishment of
1 Inciting others to the
any of the acts which constitute
accomplishment of any of the acts
sedition
which constitute sedition by
3 Inciting is done by means of speeches
means of speeches proclamations
proclamations writings emblems
writings emblems etc
cartoons banners or other • US v Tolentino Incitement to sedition may
representations be proved by one of the seven modes of its
2 Uttering seditious words or commission
speeches which tend to disturb 1 Tend to disturb or obstruct any lawful • Espuelas v People The essence of seditious
142 Inciting to sedition
the public peace officer in executing the functions of his libel may be said is to induce people to resort
office OR to illegal methods other than those provided
2 Tend to instigate others to cabal and by the Constitution in order to repress the
3 Writing publishing or meet together for unlawful purposes evils which press upon their minds
circulating scurrilous libels against OR
the Government or any of the duly 3 Suggest or incite rebellious conspiracies
constituted authorities thereof or riots OR
which tend to disturb the public 4 Lead or tend to stir up the people
peace against the lawful authorities or to
disturb the peace of the community
1 Projected or actual meeting of
Acts tending to prevent the Congress constitutional committees or
Acts that seek to stop legislative
143 meeting of the Assembly any local government
meetings
and similar bodies 2 Any person prevents such meeting by
force or fraud
1 Actual meeting of the legislative body
144 Disturbance of proceedings Disruptions of legislative meetings 2 Offender either
a Disturbs any of such meetings
Criminal Law 2 10
b Behaves in a manner to interrupt

its proceedings or impair the
respect due it
1 Using force intimidation
1 Uses force intimidation threats or
threats or frauds to prevent any
frauds
member of Congress from
2 Purpose is to prevent the offender from
a Attending any of its
a Attending any of its meetings
meetings
b Expressing his opinions
b Expressing his opinions
c Casting his vote
c Casting his vote
Violation of parliamentary
145 1 Public officer or employee
immunity
2 Arrests or searches any member of
2 Arresting or searching any • Martinez v Morfe Parliamentary
Congress
member while Congress is in immunity from arrest during sessions of
3 Congress is in regular or special session
session except when he has Congress is merely exemption from arrest in
at time of arrest or search
committed a crime punishable by a civil cases and does not extend to criminal
4 Member arrested or searched has NOT
penalty higher than prision mayor prosecution
committed a crime punishable by a
penalty higher than prision mayor
1 Any meeting attended by armed 1 Meeting gathering or group of persons
persons for the purpose of in a fixed place or moving
committing any of the crimes 2 Such is attended by armed persons
punishable under the Code 3 Purpose is to commit a felony
1 Organizer or leader or merely present
2 Any meeting in which the at meeting with intent to commit the
146 Illegal Assemblies audience whether armed or not is felony
incited to the commission of the 2 Meeting gathering or group of persons
crime of treason rebellion or in a fixed place or moving
insurrection sedition or assault 3 Audience whether armed or not is
upon a person in authority or his incited to the commission of the crime
agents of treason rebellion or insurrection
sedition or direct assault
1 Founders directors president or
147 Illegal Associations Forming illegal associations
members of the association
Criminal Law 2 11
2 Association is totally or partially

organized to commit a felony or some
purpose contrary to public morals
1 Without public uprising 1 Employs force or intimidation
employing force or intimidation for 2 Aim is to attain any of the purposes of
the attainment of any of the rebellion or sedition
purposes of rebellion and sedition 3 No public uprising
1 Offender either
2 Without public uprising attack
a Makes an attack
employing force or seriously
b Employs force • People v Dollantes Murder of a barangay
intimidating or resisting any
c Makes a serious intimidation captain who was trying to enforce the laws
person in authority or any of his
d Makes a serious resistance is direct assault
148 Direct Assaults agents while engaged in the
2 Victim is a person in authority or his • People v Beltran Murder can be
performance of official duties or on
agent complexed with direct assault
the occasion of such performance
3 Victim is either • Rivera v People Victim who is wearing
a Engaged in the actual performance the designated police uniform and was on
Qualifying Circumstances
of official duties board a police car conducting a routine
1 Committed by a weapon
b Assaulted because of the past patrol is on official duty thus the crime was
2 Offender is a public officer
performance of his official duties direct assault
employee
4 Offender knows the victim is a person
3 Offender lays hands on a person
in authority or his agent
in authority
5 No public uprising
1 Person in authority or his agent is a
victim of direct assault under RPC 148
Assaulting any person who comes
2 Victim is someone who came to the aid
149 Indirect Assaults to aid of a person of authority who
of such authority or his agent
is the victim of a direct assault
3 Offender uses force or intimidation
upon the person coming to the aid
1 Refusing without legal excuse
to obey summons of the any
150 Disobedience to summons commission or committee Committing any of the acts mentioned
chairman or member authorized to
summon witnesses
Criminal Law 2 12
2 Refusing to be sworn or placed

under affirmation while being
before such body or official
3 Refusing to answer any legal
inquiry or to produce any
documents when required to do
so
4 Restraining another from
attending as a witness in such
legislative or constitutional body
5 Inducing disobedience to a
summons or refusal to be sworn
by any such body or official
1 Person in authority or his agent is
engaged in the performance of official
duty or gives a lawful order to the
1 Seriously resisting or disobeying
offender
any person in authority or his
2 Offender resists or seriously disobeys
agents
Resistance and disobedience such person in authority or his agent
151 to a person in authority or 3 Act is not included in RPC 148 149
his agents and 150
1 Agent is engaged in the performance of
official duty or gives a lawful order to
2 Simple disobedience to an
the offender
agent of a person in authority
2 Offender disobeys such agent
3 Disobedience is not of a serious nature
1 Causing any serious
disturbance in a public place
office or establishment
Tumults and other 2 Interrupting or disturbing Offender commits any of the acts
153
disturbances of public order performances functions or mentioned
gatherings or peaceful
meetings if the act is not
included in RPC 131 and 132
Criminal Law 2 13
3 Making any outcry tending to

incite rebellion or sedition in
any meeting association or
public place
4 Displaying placards or
emblems which provoke a
disturbance of public order in
such place
5 Burying with pomp the body
of a person who has been
legally executed
1 Publishing or causing to be
published by means of
printing lithography or any
other means of publication as
news any false news which
may endanger the public
order or cause damage to the
interest or credit of the State
2 Encouraging disobedience to
the law or to the constituted
authorities or by praising
Unlawful use of means of justifying or extolling any act
154 publication or unlawful punished by law Offender does any of the acts mentioned
utterance 3 Maliciously publishing or
causing to be published any
official resolution or document
without proper authority or
before they have been
published officially
4 Printing publishing or
distributing books pamphlets
periodicals or leaflets which
do not bear the real printer s
name or which are classified
as anonymous
Criminal Law 2 14
1 Discharging any firearm

rocket firecracker or other
explosive within any town or
public place calculated to
cause which produces alarm
or danger
2 Instigating or taking an active
party in any charivari or other
disorderly meeting offensive
to another or prejudicial to
155 Alarms and scandals
public tranquility
3 Disturbing the public peace
while wandering about at
night or while engaged in any
other nocturnal amusements
4 Causing any disturbance or
scandal in public places while
intoxicated or otherwise as
long as RPC 153 is not
applicable
1 Person confined in a jail or penal
establishment
Helping prisoners escape from
156 Delivering prisoners from jail 2 Offender removes therefrom such
detention
person or helps the escape of such
person
Convict escaping service of his
sentence
1 Convict by final judgment
2 Serving his sentence which consists in
Evasion of service of Qualifying Circumstances
157 deprivation of liberty
sentence • Means of unlawful entry
3 Evades service by escaping during the
scaling
term of his sentence
• Breaking doors windows gates
walls roofs or floors
Criminal Law 2 15
• Using picklocks false keys

disguise deceit violence or
intimidation
• Connivance with other convicts
or employees of the penal
institution
1 Convict by final judgment who is
confined in a penal institution
2 Disorder resulting from a natural
catastrophe or munity in which he as
not participated
Convict who escapes service of his
Evasion of service of 3 Evades service of his sentence by
sentence on occasion of a disorder
158 sentence on occasion of leaving the institution on occasion of
fails to give himself up to the
disorders the calamity
institution
4 Fails to give himself up to the
authorities within 48 hours following
the issuance of a proclamation by the
Chief Executive announcing the passing
away of such calamity
1 Convict • Torres v Gonzales When the President
2 Granted conditional pardon by the opts for Sec 64 i of the Revised
Violation of conditional Violation of pardon granted by the
159 Chief Executive Administrative Code to cancel a pardon no
pardon President
3 Violated any of the conditions of such judicial pronouncement of guilt is
pardon necessary
1 Already convicted by final judgment of
Commission of a felony after • People v Dioso Mitigating circumstances
one offense
160 Quasi recidivism having been convicted by final have no effect on the penalty imposed if the
2 Committed a new felony before or
judgment for another offense accused is a quasi recidivist
while serving sentence for same
TITLE FOUR Crimes against Public Interest
1 Forging the Great Seal of the
Forging seal of government
Government of the Philippines
161 signatures and stamp of
2 Forging the signature of the
Chief Executive
President
Criminal Law 2 16
3 Forging the stamp of the

President
1 Great Seal was counterfeited or
signature or stamp of the Chief
Executive was forged by another
Using forged signature or
162 Use of said counterfeited symbols person
counterfeit seal or stamp
2 Knew of the counterfeiting or forgery
3 Used the counterfeit seal or forged
signature or stamp
1 False or counterfeited coins
2 Offender made imported or uttered
Making importing or
163 Production or use of false coins such coins
uttering false coins
3 In uttering there must be connivance
with the counterfeiters or importers
1 Mutilating coins of legal current
with intent to damage or defraud
Mutilation of coins and another
164 importation and utterance of 2 Importing or uttering such
mutilated coins mutilated coins in connivance with
the mutilator or importer in case
of uttering
1 Other person counterfeited or mutilated
1 Possession of counterfeit or the coin
mutilated coins with intent to 2 There is possession
utter the same knowing that it is 3 Knowledge that the coin is false or
Selling of false or mutilated false or mutilated mutilated
165
coin 4 Intent to utter
2 Actually uttering such false or
1 Actually uttering
mutilated coin while knowing it is
2 Knowledge
false or mutilated
1 Forging or falsification of
Forging treasury or bank treasury or bank notes or
166
notes or other documents documents payable to bearer
2 Importation of such
Criminal Law 2 17
3 Utterance of such in connivance

with the forger or importer
1 Instrument payable to order or other
document of credit not payable to
Forging importing uttering Forgeries of obligations or
bearer
167 instrument not payable to securities not payable to a bearer
2 Offender forged imported or uttered
bearer e g paper currency
in connivance with forger or importer
such instrument
1 Any treasury bank note or other
instrument of credit is forged or falsified
by another person
2 Offender knows that these instruments
Illegal possession and use of
are forged or falsified
false treasury bank notes Possession of a false security with
168 3 He performs any of these acts
and other instruments of intent to use it
a Using any of such forged or
credits
falsified instruments
b Possessing with intent to use any
of such forged or falsified
instruments
Counterfeiting giving to a
treasury or bank note or any
instrument the appearance of a
true and genuine document
169 Forgery
Falsification Erasing
substituting counterfeiting or
altering by any means the figures
letters words or sign contained
therein
1 Bill resolution or ordinance enacted or
Alteration of any legislative approved or pending aprpoval by a
Falsification of Legislative
170 documents without proper legislative body
Documents
authority therefor 2 Offender alters the same
3 No proper authority
Criminal Law 2 18
4 Alteration changes the meaning of the

document
• People v Sendaydiego If a person had in
his possession a falsified document and he
made use of it uttered it taking advantage
of it and profiting thereby the presumption
is that he is the material author of the
1 Public officer employee notary public falsification
2 Takes advantage of official position • Siquian v People The existence of a
Counterfeiting or forging 3 Falsifies a document by committing any wrongful intent to injure a third person is not
documents by public officers or of the acts of falsification necessary when the falsified document is a
ecclesiastical ministers 4 If ecclesiastical minister committed public document The principal thing punished
with respect to any record or document is the violation of the public faith
that affects civil status of persons • People v Villalon The falsification of
public document may be a means of
committing estafa because before the
falsified document is actually utilized to
Falsification by public office
defraud another the crime of falsification
171 employee notary or
has already been consummated
ecclesiastical minister
1 Imitating any handwriting signature or
rubric OR
1 Counterfeiting or imitating any
2 Simulating a signature handwriting or
handwriting signature or rubric
rubric out of one which does not in fact
exist
1 Caused it to appear in a document that
2 Causing it to appear that a person participated in an act or
persons have participated in an act proceeding
or a proceeding 2 Such person did not in participate in the
same
3 Attributing to persons who have
1 Person participated in an act or
participated in any act or
proceeding
proceeding statements other than
2 Such person made statements
those in fact made by them
Criminal Law 2 19
3 Offender attributed to such person

statements other than what he in fact
made
1 Makes statements in a narration of
facts
2 Legal obligation to disclose the truth of
4 Making untruthful statements in the facts narrated
a narration of facts 3 Facts narrated are absolutely false
4 Perversion of truth in the narration of
facts was made with the wrongful
intent of injuring a third person
1 Date mentioned is essential and affects

5 Altering true dates
veracity or effects of document
1 There be an alteration or insertion on a

6 Making alteration or document • Beradio v CA The change in the public
intercalation in a genuine 2 Made on a genuine document document must be such as to affect the
document which changes its 3 Same has changed the meaning of the integrity of the same or change the effects
meaning document which it would otherwise produce
4 Change made document false
7 Issuing in authenticated form a
document purporting to be a copy 1 Purporting to be a copy of an original
of an original document when no when no such original exists
such original exists or including in 2 Including in a copy a statement
such a copy a statement contrary contrary to or different from that of the
to or different from that of the genuine original
genuine original
8 Intercalating any instrument or
note relative to the issuance
thereof in a protocol registry or
official book
Falsification by private 1 Falsification of public official or 1 Private individual or public officer • Recebido v People There is no need for
172 individual and use of commercial documents by a employee who did NOT take advantage direct proof of falsification of documents if
falsified documents private individual of his official position the accused has possession of the forged
Criminal Law 2 20
2 Committed any of the facts of document and he is the only person who
falsification in RPC 171 would benefit from it
3 Falsification done in a public or official • People v Dava In falsification of public or
or commercial document official documents the principal thing being
punished is the violation of the public faith
and the destruction of the truth proclaimed
therein
1 Committed any of the 1st six acts of
falsification in RPC 171
2 Falsification of a private
2 Committed in a private document
document by any person
3 Caused damage to a third party or done
with intent to cause such damage
1 Used in a judicial proceeding
a Knew that the document was
falsified by another
b Falsification embraced in RPC
c Introduced such document in
evidence in any judicial proceeding
3 Use of falsified document
2 In any other transaction
a Knew that the document was
falsified by another
b Falsification embraced in RPC
c Used the document
d Use caused damage to another or
with intent to cause damage
1 Uttering fictitious wireless 1 Officer or employee of the government

telegraph or telephone messages or of a private corporation engaged in
the service of sending or receiving
Falsification and use of 2 Falsifying wireless telegraph or messages
173 wireless cable telegraph telephone messages 2 Utters or falsifies such messages
and telephone messages
1 Knew that such messages were
3 Using such falsified messages falsified by persons mentioned above
2 Accused used such falsified dispatch
Criminal Law 2 21
3 Used resulted in the prejudice of a third

party or was done with intent to cause
such prejudice
1 Physician or surgeon issuing a
false certificate referring to the
illness or injury of a person
Falsification of medical 2 Public officer issuing a false
174 certificates certificates or certificate of merit or service good
merit or service conduct or similar circumstance
3 Private individual falsifying a
certificate under those mentioned
above
1 Physician or surgeon issues false
medical certificate public officer issues
false certificate or private person
Knowingly using false certificates
175 Using false certificates falsified said certificates
mentioned above
2 Offender knew that the certificate was
false
3 Uses the certificate
1 Making or introducing any
stamps dies marks or other
instruments or implements for
Manufacturing and counterfeiting or falsification
176 possession of instruments or
implements for falsification 2 Possessing with intent to use
the instruments or implements
made or introduced by another
person
Knowingly and falsely • Gigantoni v People Usurpation of
representing self to be an officer or authority needs concrete evidence of
177 Usurpation of authority
representative of the government knowingly and falsely representing himself
or any foreign government to be a person of authority while
Usurpation of official Performing any act pertaining to usurpation of official functions requires
177 evidence for knowingly performing acts
functions any person in authority or public
Criminal Law 2 22
officer of the government under pertaining to an office which the person

pretense of official position and was deprived of
without being lawfully entitled to
do so
1 Uses a name other his real name
2 Uses that fictitious name publicly
3 Purpose is to
178 Using fictitious names Employing a false name a Conceal a crime
b Evade the execution of a judgment
OR
c Cause damage to public interest
1 Offender conceals his true name and
178 Concealing true name Employing a false name other personal circumstances
2 Purpose is to conceal his identity
1 Makes use of insignia uniform or dress
2 Such pertains to an office not held by
Illegal use of uniforms and Public and improper use of
179 offender or class of persons he does
insignia uniforms and insignias
not belong to
3 Such is used publicly and improperly
1 Criminal proceeding
2 Offender falsely testifies under oath
False testimony against a Perjury in a criminal proceeding against the defendant
180
defendant against a defendant 3 Knows it is false
4 Defendant is either acquitted or
convicted in a final judgment
1 Criminal proceeding
False testimony favorable to Perjury in a criminal proceeding for 2 False testimony under oath in favor of
181
the defendant the defendant defendant
3 Knows it is false
1 Civil case
2 Testimony relates to the issues in the
182 False testimony in civil cases Perjury in a civil proceeding
case
3 Testimony is false
Criminal Law 2 23
4 Given by defendant knowing it to be

false
5 Testimony is malicious and given with
intent to affect the issues in the case
1 Made a statement under oath or
executed an affidavit upon a material • Villanueva v Secretary of Justice Perjury
matter cannot be willful where the statement is
1 Falsely testifying under oath in a 2 Made before a competent officer false but the belief is true Bona fide belief
False testimony in other
non judicial proceeding authorized to receive and administer in the truth of a statement is adequate
183 cases and perjury in solemn
the oath defense
affirmation
2 Making a false affidavit 3 Willful and deliberate assertion of • Acuna v Deputy Ombudsman A matter
falsehood is material if it is the main fact which was
4 Statement or affidavit is required by the subject of the inquiry
law
1 Offered in evidence a false witness or
false testimony
Offering false testimony in Introducing false evidence in a
184 2 Knowledge of falsity
evidence judicial or official proceeding
3 Offer made in a judicial or official
proceeding
1 Public auction
2 Solicited any gift or promise from any of
1 Soliciting any gift or promise as the bidders • Ouano v CA Provisions regarding
a consideration for refraining from 3 Same is consideration for refraining publication of mortgage foreclosure sales
taking part in any public auction from taking part in the public auction must be strictly complied with
4 Intent to cause reduction of the price of
Machinations in public the thing auctioned
185
auctions 1 Public auction
2 Attempted to cause bidders to stay
2 Attempting to cause bidders to away from public auction
stay away from an auction by 3 Done by threats gifts promises or
threats gifts promises or artifice artifice
4 Intent to cause reduction of the price of
thing auctioned
Criminal Law 2 24
1 Combination to prevent free

competition in the market
2 Monopoly to restrain free
competition in the market
3 Manufacturer producer or
Monopolies and
processor or importer who
186 combinations in restraint of
combines conspires or agrees
trade
with any person to make
transactions prejudicial to
lawful commerce or to
increase the market price of
merchandise
1 Imports sells or disposes of any of
articles or merchandise involved
Importation and disposition 2 The stamps brands or marks such fail
Trade in tampered or adulterated
187 of falsely marked articles to indicate the actual fineness or quality
comodities
made of gold silver etc of said metals or alloys
3 Knowledge of failure to indicate actual
fineness or quality
1 Use in commerce any
reproduction counterfeit or
imitation of a registered mark or a
dominant feature thereof in
1 Validity of plaintiff s mark
connection with the sale or
RA 2 Plaintiff s ownership of the mark
advertisement of any good which
8293 Infringement 3 Use of mark or imitation by the alleged
such use is likely to cause
155 infringer results in likelihood of
confusion mistake or deception
confusion
2 Reproduce a registered mark or

a dominant feature thereof and
apply it to other labels
1 Confusing similarity in the general
RA 1 Selling goods and giving them
appearance of the goods
8293 Unfair Competition the general appearance of goods
2 Intent to deceive the public and defraud
168 of another manufacturer or dealer
a competitor
Criminal Law 2 25
2 Employs means calculated to

induce the false belief that such
person is offering the services of
another
3 Make false statement in the

course of trade or commit any
other act contrary to good faith
TITLE FIVE Crimes Relative to Opium Other Prohibited Drugs
RA Importation of dangerous drugs
9165 Importation and or controlled precursors and
4 essential chemicals
1 Identity of buyer and seller
RA Illegal sale and knowingly
2 Object and consideration of the sale
9165 Sale delivering of the illegal drugs to
3 Delivery of the thing sold and payment
5 the accused
therefor
1 Maintenance of den dive or
RA resort 6
Drug Den
9165 2 Employment or visiting a den
dive or resort 7
1 Manufacture of dangerous drug
or chemicals 8
RA
Manufacture 2 Manufacture or delivery of
9165
equipment instrument apparatus
and other paraphernalia 10
1 Mere possession of drug 11
1 In possession of a prohibited or
2 Possession during parties social
regulated drug
RA gatherings or meetings or in
Possession 2 Possession is not authorized by law
9165 proximate company of at least 2
3 Freely and consciously possessed the
persons 13 an aggravating
drug
circumstance of 11
Criminal Law 2 26
1 Possession of equipment
instruments or paraphernalia for
dangerous drugs 12
RA 2 Possession of such during
Possession of paraphernalia
9165 parties social gatherings
meetings or in the proximate
company of at least 2 persons
14
RA
Use Use of dangerous drugs 15
9165
Cultivation or culture of plants
RA
Cultivation classified as source of dangerous
9165
drugs 16
1 Unnecessary prescription of
RA dangerous drugs 18
Prescription
9165 2 Unlawful prescription of
dangerous drugs 19
TITLE SIX Crimes against Public Morals
Any form of illegal gambling
activity which uses numbers or
RA
Illegal Number Games combinations thereof as factors in
9287
giving out jackpots prizes and
returns
Any game or scheme whether
upon chance or skill wherein
PD
Illegal Gambling wagers consisting of money
1602
articles or value or representative
of value are at stake or made
1 Carried on in an uninhabited or
PD Knowingly permitting gambling to inhabited place
Permitting Gambling
1602 happen 2 Owned or controlled by offender
3 Offender permitted the game
Criminal Law 2 27
1 Performs an act
Acts which are offensive to
2 Act is highly scandalous as offending
decency and good customs which
against decency or good customs
having been committed publicly
200 Grave scandal 3 Act does not expressly fall within any
have given rise to public scandal to
other article
persons who have accidentally
4 Act committed in a public place or
witnessed the same
within the public knowledge or view
• People v Kottinger The test on whether
a publication or a thing is obscene within
the meanings of the statutes is whether the
tendency of the matter charged as obscene
1 Expounding doctrines contrary is to deprave or corrupt those whose minds
to public morals are open to such immoral influences and
Immoral doctrines obscene
2 Authoring or editing published 1 Acts are committed into whose hands a publication or other
201 publications exhibitions
indecent or immoral shows 2 There is publicity article charged as being obscene may fall
and indecent shows
3 Selling giving away or Another is that which shocks the ordinary
exhibiting immoral materials and common sense of men as indecency
• Fernando v CA Article 201 does not

punish the mere possessio nof obscene
materials without intent to sell
TITLE SEVEN Crimes committed by Public Officers
Persuading another public officer 1 Public officer
to perform an act constituting a 2 Persuades induces or influences
violation of rules and regulations another public officer to perform an act
RA or an offense in connection with OR allows himself to be persuaded to • Marifosque v People Police officer is a
3A
3019 the official duties of the latter or commit the act public officer
allowing himself to be persuaded 3 Act is in violation of rules and
induced or influenced to commit regulations or an offense in connection
such violation or offense with his official duty
Directly or indirectly requesting or
1 Public officer
RA receiving any gift for himself or for
3B 2 Requested or received a gift present
3019 any other person in connection
share percentage or benefit
with any contract or transaction
Criminal Law 2 28
wherein the public officer has to 3 On behalf of offender or any other

intervene in his official capacity person
4 Connection with a contract or
transaction with the government
5 Public officer has right to intervene in
an official capacity
1 Public officer
Directly or indirectly requesting or 2 Secured or obtained or would secure or
receiving any gift for himself or for obtained a government permit or
another from any person for whom license
RA
3C the public officer will secure or 3 Requested or received the gift in
3019
obtain any government permit or consideration for help to be given
license in consideration for the 4 Directly or indirectly requested or
help to be given received from the person any gift for
himself or another
Accepting or having any member
of his family accept employment
in a private enterprise which has
RA
3D pending official business with
3019
him during the pendency thereof
or within 1 year after its
termination
1 Public officers or private persons in
conspiracy with them
Causing any undue injury to any
2 Committed prohibited acts during
party including the government
performance of official duties or in
or giving any private party any
relation to their public positions
unwarranted benefits advantage
RA 3 Caused undue injury to any party
3E or preference in the discharge of
3019 4 Such was caused by giving
his official functions through
unwarranted benefits advantage or
manifest partiality evident bad
preference to such parties
faith or gross inexcusable
5 Acted with manifest partiality evident
negligence
bad faith or gross inexcusable
negligence
Criminal Law 2 29
Neglecting or refusing after due 1 Public officer

demand or request without 2 Failure to act is for purpose of
sufficient justification to act obtaining directly or indirectly
within reasonable time on any pecuniary benefit or advantage in favor
matter pending before him for the of a party or discriminating against
RA
3F purpose of obtaining some another
3019
pecuniary or material benefit or 3 Reasonable time has elapsed from such
for benefitting his own interest or demand
giving undue advantage 4 Neglected or refused to act without
discrimination against any other sufficient justification after due demand
interested party has been made
Entering on behalf of the 1 Public officer
government into any contract or 2 Entered into a contract or transaction
RA
3G transaction manifestly and on behalf of the government
3019
grossly disadvantageous to the 3 Such is grossly and manifestly
same disadvantageous to the government
Directly or indirectly having 1 Public officer
financial or pecuniary interest in 2 Direct or indirect financial or pecuniary
any business contract or interest in any business
RA
3H transaction in connection with 3 Either takes part or intervene in his
3019
which he intervenes or takes part official capacity OR is prohibited from
in his official capacity or in which having such interest by the Constitution
he is prohibited from having or law
Directly or indirectly becoming
interested in any transaction or act
requiring the approval of a board
RA panel or group of which he is a
3I
3019 member and which exercises
some discretion in approval even
if he votes against same or does
not participate in the action
RA Knowingly approving or granting
3J
3019 any license permit or privilege in
Criminal Law 2 30
favor of any person not qualified

nor legally entitled to such
Divulging valuable information of
a confidential character acquired
by his office or by him on account
RA of his official position to
3K
3019 unauthorized persons OR
releasing such information in
advance of its authorized release
date
Taking advantage of family or
close personal relation with a 1 Private person
public official who has to 2 Takes advantage of family or close
RA
4A intervene in some business by personal relation
3019
directly or indirectly requesting or 3 Public official has to intervene in some
receiving any present gift material business
from such official
Knowingly inducing or causing any
RA
4B public official to commit any of the
3019
offenses defined in Sec 3
Spouse or any relative within the
3rd civil degree of the
1 President
2 VP
3 Senate President
RA
5 4 Speaker of the House of
3019
Representatives
Who intervenes directly or
indirectly in any business
transaction contract or
application with the government
Member of Congress from
RA
6 acquiring any personal pecuniary
3019
interest in any specific business
Criminal Law 2 31
enterprise which will be directly

and particularly favored or
benefited by any law or resolution
authored by them AND those who
shall continue such for 30 days
after approval of such law or
resolution
Any public officer who
recommended the initiation in
Congress of the enactment or
adoption of any law or resolution
and acquires or receives such
interest during his incumbency
Acquisition in his name or the
name of other persons of amount
RA of property and or money
8
6713 manifestly out of proportion to this
salary and to his other lawful
income
Having any financial or material
RA interest in any transaction
7A
6713 requiring the approval of their
office
1 Own control manage or
accept employment as officer
employee etc in any private
enterprise regulated supervised or Applies for one year after separation from
licensed by their office unless office except number 2 but one year
RA
7B expressly allowed by law prohibition will apply for number 2
6713
regarding any matter before the office he
2 Engage in the private practice used to be with
of their profession unless
authorized by the Constitution or
law or
Criminal Law 2 32
3 Recommend any person to any

position in a private enterprise
which has a regular or pending
official transaction with their
office
Divulge confidential or classified
RA information officially known to
7C
6713 them by reason of their office and
not made available to the public
Solicit or accept directly or
indirectly any gift or anything of
monetary value from any person in
RA the course of their official duties or
7D
6713 in connection with any operation
being regulated by or any
transaction which may be affected
by the functions of their office
1 Public officer who acts by himself or in
connivance with members of family
relatives subordinates or associates
Amassing accumulating or
2 Amasses or accumulates ill gotten
RA acquiring ill gotten wealth in the
Plunder wealth through a combination or series
7080 aggregate amount of total value of
of overt or criminal acts
at least 50 million pesos
3 Ill gotten wealth amounts to at least 50
million pesos
4 Criminal intent
1 Judge
Deliberately and maliciously giving 2 Renders a judgment in a case
Knowingly render unjust
204 a judgment contrary to law or not submitted for decision
judgment
supported by evidence or both 3 Unjust judgment
4 Knows the judgment is unjust
Judgment rendered through Rendering a judgment so
205 1 Judge
negligence manifestly contrary to law that
Criminal Law 2 33
even a person having a meager 2 Renders a judgment in a case

knowledge of the law cannot submitted for decision
doubt the injustice 3 Manifestly unjust
4 Due to inexcusable negligence or
ignorance
1 Judge
Pronouncing in a manifestly unfair 2 Performs either
manner an order between and a Knowingly render unjust
start and end of a suit which interlocutory order or decree
206 Unjust interlocutory order
decides some point or matter but b Renders a manifestly unjust
is not a final decision of the matter interlocutory order through
in issue inexcusable negligence or
ignorance
1 Judge
2 Proceeding in his court
Malicious delay in the Hindering the administration of 3 Delays administration of justice
207
administrations of justice justice through bad faith or malice 4 Delay is malicious i e caused with
deliberate intent to inflict damage on
either party in the case
1 Public officer or officer of the law who
has a duty to cause prosecution of or
1 Maliciously refraining from
prosecute offenses
instituting prosecution against
Prosecution of offenses 2 Dereliction of duties in office i e does
208 violators of the law
negligence and tolerance not cause the prosecution of a criminal
2 Maliciously tolerating the
OR tolerates the commission of a crime
commission of offenses
3 Acts with malice and deliberate intent
to favor the violator
1 Causing damage to client
either by malicious breach of
Betrayal of trust by attorney
209 professional duty or
revelation of secrets
inexcusable negligence or
ignorance
Criminal Law 2 34
2 Revealing any of the secrets of

his client learned by him in his
professional capacity
3 Undertaking the defense of
the opposing party without
the consent of the first client
after defending the first client
or receiving confidential
information from him
1 Agreeing to perform or
performing in consideration of
any offer promise gift or
present an act constituting a
1 Public officer
crime in connection with the
2 Accepts an offer or promise or receives
performance of official duties
a gift or present
2 Accepting a gift in
3 Such is accepted or received by the • Dacumos v Sandiganbayan Even if he
consideration of an act NOT
public officer with a view to commit only offered to do something for a bribe and
210 Direct bribery constituting a crime in
crime in consideration of an unjust act didn t or couldn t possibly do it a person may
connection with the
which does not constitute a crime or to still be held liable for direct bribery
performance of his official
refrain from doing his official duty
duty
4 Such act is connected with the
3 Agreeing to refrain or
performance of his official duties
refraining from doing
something which is his official
duty to do in consideration of
gift or promise
Bribery that does not require an 1 Public officer
211 Indirect bribery act or omission to be done by the 2 Accepts gifts
public officer 3 Offered to him by reason of his office
1 Public officer entrusted with law
Receiving any offer promise gift
enforcement
211 or present in consideration for the
Qualified bribery 2 Refrain from arresting or prosecuting
A non prosecution of a crime
an offender who has committed a crime
punishable by reclusion perpetua
punishable by reclusion perpetua
Criminal Law 2 35
3 Such is in consideration of any promise

gift or present
1 Makes offers or promise or gives gifts
or presents to public officer
Corrupting public officials through • Marfe v Mutuc SALN does not violate
212 Corruption of public officials 2 Same are given under circumstances
offers promises gifts or presents constitutional rights
that will make the officer liable for
direct or indirect bribery
1 Public officer
2 Taken advantage of his office
3 Entered into an agreement or made use
Entering into an agreement with of any scheme with regard to
Frauds against the public any interested party or using a a Furnishing supplies
213
treasury scheme to defraud the b Making of contracts
government c Adjustment or settlement of
accounts relating to public property
or funds
4 Intended to defraud the government
1 Demanding directly or
indirectly the payment of
sums different from that
authorized by law
2 Failing voluntarily to issue a
1 Public officer entrusted with collection
receipt as provided by law for
of taxes licenses fees and other
213 Illegal exactions any sum of money collected
imposts
by him officially
2 Commits any of the acts prohibited
3 Collecting or receiving directly
or indirectly by way of
payment or otherwise things
or objects of a nature different
from that provided by law
1 Public officer
Other frauds committed by public 2 Takes advantage of official position
214 Other frauds
officers 3 Commits any of frauds or deceits in
RPC 315 to 318
Criminal Law 2 36
a Estafa
b Other forms of swindling
c Swindling a minor
d Other deceits
1 Appointive public officer
2 Interested directly or indirectly in any
transaction of exchange or speculation
Transactions where there is
215 Prohibited transactions 3 Transaction takes place with the
conflict of interest
territory subject to jurisdiction
4 Becomes interested in the transaction
during his incumbency
1 Public officer who directly or
indirectly became interested
in any contract or business to
which it was his official
business to intervene
2 Experts or private accountants
who took part in any
Possessions of prohibited
216 transaction connected with
interest by a public officer
the estate or property in the
appraisal distribution or
adjudication of which they had
acted
3 Guardians and executors with
respect to property belonging
to their wards or the estate
1 Appropriating public funds or 1 Public officer
property 2 Custody or control of funds or property
2 Taking or misappropriating the by reason of the duties of his office
same 3 Funds were public funds property for • Ilogan v Sandiganbayan Personal use of
217 Malversation of public funds 3 Consenting or through which he was accountable missing funds is not a valid defense in
abandonment or negligence 4 Appropriated took misappropriated or malversation charges
permitting any other person to consented or through abandonment or
take such public funds or negligence permitted another person
property to take them
Criminal Law 2 37
4 Being guilty of
misappropriation or
malversation of funds or
property
1 Public officer
2 Accountable for public funds or
property
Failure of accountable officer Omission to account for funds
218 3 Required by law to render accounts to
to render accounts entrusted to him
the CoA or provincial auditor
4 Failed to do so for a period of 2 months
after such accounts should be rendered
1 Public officer
2 Accountable for public funds or
Unauthorized leaving from the
Failure of accountable officer property
country by an accountable public
219 to render account before 3 Unlawfully left or be on the point of
officer without a certificate from
leaving the country leaving the Philippines without a
the CoA
certificate from the CoA showing that
his accounts have been settled
1 Public officer
2 Public fund or property under his
administration
Illegal use of public funds or Using public funds other than their
220 3 Appropriated by law or ordinance
property appropriated usage
4 Applies the same to a public use other
than that which is has been
appropriated for
1 Public officer
1 Failure to make payment by a
2 Has government funds in his
public officer who is under
possession
obligation to make payment from
3 Under obligation to make payment from
Failure to make delivery of government funds in his
221 such funds
public funds or property possession
4 Fails to make payment maliciously
2 Refusal to make delivery by a
public officer who has been 1 Does the act of refusal maliciously
ordered by competent authority to
Criminal Law 2 38
delivery any property in his

custody or under his
administration
1 Public officer
2 Had in custody or charge a prisoner
Conniving with or Consenting to the escape of a
223 3 Prisoner escapes from custody
consenting to evasion prisoner in his custody or charge
4 In connivance with the prisoner in the
latter s escape
1 Public officer
2 Charged with conveyance or custody of
224 Evasion through negligence Evasion is via negligence
prisoner
3 Prisoner escapes through negligence
1 Private person
2 Confided with conveyance or custody
Escape of prisoner under the
Evasion is caused by private of a prisoner or person under arrest
225 custody of a person not a
person 3 Prisoner escapes
public officer
4 Offender consents to escape or escape
takes place through his negligence
1 Public officer
2 Abstracts destroys or conceals
documents or papers
Removal concealment or
226 Infidelity in custody of documents 3 Same have been entrusted to him by
destruction of documents
reason of his office
4 Damage to third party or to the public
interest
1 Public officer
2 Charged with the custody of papers or
Opening seals in documents property
227 Officer breaking seal
entrusted to a public officer 3 Such is sealed by proper authority
4 Breaks the seals or permits the mto be
broken
1 Public officer
Opening of closed Opening documents entrusted to a
228 2 Entrusted with closed papers
documents public officer
documents or objects
Criminal Law 2 39
3 Opens or permits to be opened such

4 Does not have proper authority
1 Public officer
2 Knows of a secret by reason of official
1 Revealing any secrets known to
capacity
the offending public officer by
3 Reveals such secret without authority
reason of his official capacity
or justifiable reasons
4 Damage to public interest
Revelation of secrets by an
229 1 Public officer
officer
2 Charge of papers
2 Delivering wrongfully papers or
3 Papers should not be published
copies of papers of which he may
4 Delivers papers or copies thereof to a
have charge and which should not
third person
be published
5 Delivery is wrongful
6 Damage to public interest
1 Public officer
Disclosure of secrets of private 2 Knows of the secrets of a private
Public officer revealing
230 individuals known by his official individual by reason of his office
secrets of private individual
capacity 3 Reveals such secrets without authority
or justifiable reason
1 Judicial or executive officer
2 Judgment decision or order of a
superior authority
Openly refusing to execute the 3 Same is made within the scope of the
231 Open disobedience judgment decision or order of any jurisdiction and is issued with legal
superior authority formalities
4 Offender openly refuses to execute the
same without any legal justification
which he is duty bound to obey
1 Public officer
Disobedience to order of
2 Order issued by superior for execution
superior officer when said Suspension of a lawful order of a
232 3 Offender suspended the execution of
order was suspended superior
order
inferior officer
4 Superior disapproves of suspension
Criminal Law 2 40
5 Offender disobeys superior despite

latter s disapproval of suspension
1 Public officer
2 Competent authority demands from the
offender that he lend his cooperation
Malicious lack of cooperation to
towards the administration of justice or
233 Refusal of assistance the administration of justice or
other public service
some other public service
3 Fails to do so maliciously
4 Damage to the public interest or third
party*
1 Elected by popular election to public
office
Refusal to discharge elective Elected officials maliciously failing
234 2 Refuses to be sworn in or to discharge
officer to discharge their offices
duties of said office
3 No legal motive for such refusal
1 Overdoing himself in the
correction or handling of a prisoner
or detention prisoner by
a Imposition of
punishments not
authorized by regulations
2 Has under his charge a prisoner or
235 Maltreatment of prisoners OR
detention prisoner
b inflicting authorized
3 Maltreats prisoner
punishments in a cruel
and humiliating manner
2 Maltreating such prisoner to
extort a confession or obtain some
information
1 Entitled to hold a public office or
employment either by election or
Anticipation of duties of a Assumption of duties before being
236 appointment
public officer sworn in or giving a bond
2 Law requires offender to be sworn in
and or give a bond
Criminal Law 2 41
3 Assumes performance of the duties

and powers of office
4 Not taken his oath of office and or given
the bond required by law
1 Holding a public office
Continuing to exercise an office
2 Period provided by law for holding such
Prolonging performance of beyond the period prescribed by
237 office has already expired
duties and powers law regulations or special
3 Continues to exercise duties and
provisions
powers of such office
1 Public officer
2 Formally resigns from position
Abandonment of office or Leaving an office before the
238 3 Resignation has not been accepted
position acceptance of one s resignation
4 Abandons office to detriment of public
service
1 Executive or judicial officer
Executive or judicial officers 2 Makes general rules or regulations
Usurpation of legislative
239 appropriating the powers of the beyond the scope of his authority OR
powers
legislature attempts to repeal a law OR suspends
the execution thereof
1 Judge
2 Assumes a power pertaining to the
Usurpation of executive Judges appropriating the powers
240 executive authorities OR obstructs the
functions of the legislature
executive authorities in the lawful
exercise of their powers
1 Executive officer
Usurpation of judicial Executive appropriating the 2 Assumes judicial powers OR obstructs
241
functions powers of the judiciary execution of order or decision rendered
by a judge within his jurisdiction
1 Public officer
Continuing a proceeding even 2 Proceeding is pending before him
Disobeying request for
242 after he is disqualified by 3 Question brought before the proper
disqualification
competent authority authority regarding his jurisdiction
which is not yet decided
Criminal Law 2 42
4 Lawfully required to refrain from

continuing the proceeding
5 Continues the proceeding
1 Executive officer
2 Addresses any order or suggestion to
Orders or requests by Executive officer who addresses
any judicial authority
243 executive officers to any judicial authority in relation to a
3 Order or suggestion relates to any case
judicial authority case
or business coming within the exclusive
jurisdiction of the courts of justice
1 Public officer
2 Nominates or appoints a person to a
public office
Knowingly naming unqualified
244 Unlawful appointments 3 Person lacks legal qualifications
persons to appointive office
4 Knowledge of lack of legal
qualifications at the time of nomination
appoint
Soliciting or making immoral or
indecent advances to a woman
1 Interested in matters pending

before officer for decision or with
respect to which he is required to 1 Public officer
submit a report to or consult with 2 Solicits or makes immoral or indecent
245 Abuses against chastity a superior officer advances to a woman
3 Woman falls under qualifications in the
2 Under the offender s custody law
3 Wife daughter sister or relative

within the same degree by affinity
of any person in the custody of the
offending officer
TITLE EIGHT Crimes against Persons
Criminal Law 2 43
• People v Jumawan Relationship of

offender to victim must be alleged in the
information
• People v Malabago Relationship can be
1 Killed
proven through other means such as
2 Killed by accused
testimony in order to prove parricide
3 Victim is ather mother
246 Parricide Killing of a relative • People v Ignacio Spouse must be
legitimate illegitimate child legitimate
legitimate or lawful husband or wife
other ascendant descendant or
• People v Genosa Battered Woman
legitimate spouse of accused
Syndrome as a defense may be appreciated
upon proving three phases of violence 1
Tension building phase 2 Acute battering
incident 3 Tranquil loving phase
1 Legally married person or parent
surprises his spouse or daughter 18
and living with him in the act of
committing sexual intercourse with
another person
Death or physical injuries • People v Abarca Penalty of destierro is
Killing under the circumstances 2 Kills any or both of them or inflicts
247 inflicted under exceptional more for the protection of the accused than
mentioned serious physical injury in the act or
circumstances a punishment
immediately thereafter
3 Did not promote or facilitate
prostitution of wife or daughter NOR
consent to the infidelity of the other
spouse
Qualifying circumstances
1 Treachery
2 Taking advantage of superior 1 Killed
strength 2 Killed by accused
248 Murder 3 Aid of armed med 3 Any of the qualifying circumstances in
4 Employing means to weaken RPC 248 is present
defense or of means or 4 Not parricide or infanticide
persons to insure or afford
impunity
Criminal Law 2 44
5 Consideration of price reward

or promise
6 Means of inundation fire or
any other means involving
great waste and ruin
7 Occasion of any calamity or
public calamity
8 Evident premeditation
9 Cruelty
1 Killed
2 Accused killed him without any
Unlawful killing of another person justifying circumstance
249 Homicide
without the circumstances above 3 Accused had intention to kill which is
presumed
4 Not murder parricide or infanticide
1 Several persons at least 4*
2 Did not compose groups organized for
the common purpose of assaulting and
attacking each other reciprocally
3 Persons quarreled and assaulted one
another in a confused and tumultuous
Killing a person as a result of an
Death caused in a manner
251 assault or attack participated by
tumultuous affray 4 Someone was killed in the course of the
several persons
affray
5 Cannot be ascertained who actually
killed the deceased
6 Persons who inflicted serious physical
injuries or who used violence can be
identified
1 Tumultuous affray
Physical injuries as a result of 2 Participant suffers serious or less
Physical injuries inflicted in a
252 tumultuous affray as defined serious physical injuries
tumultuous affray
above 3 Persons responsible therefor cannot be
identified
Criminal Law 2 45
4 All those who appear to have used

violence upon the person of the
offended party are known
1 Assisting another to commit
suicide whether the suicide is
consummated or not
253 Giving assistance to suicide
2 Lending assistance to another
to commit suicide to the extent of
doing the killing himself
1 Discharges a firearm against or at
Shooting a person without any
254 Discharge of firearms another person
intent to kill or injure
2 No intention to kill
1 Child was killed
255 Infanticide Killing of a child 3 days or younger 2 Child less than three days of age
3 Accused killed child
1 Use of violence upon the person 1 Pregnant woman
of the pregnant woman 2 Violence drugs or beverages are used
2 Acting but without using or otherwise acts upon such pregnant
256 Intentional abortion violence without the consent of woman
the woman e g administering 3 As a result foetus dies either in the
drugs or beverages womb or after having been expelled
3 Acting with consent of woman 4 Abortion is intended
1 Pregnant woman
2 Violence is used without intended an
• People v Salufrancia Intent to kill
Expulsion of fetus is not intended abortion
257 Unintentional abortion pregnant mother is not necessarily an intent
by offender 3 Violence is intentionally exerted
to cause an abortion
4 Fetus dies either in the womb or after
having been expelled thereform
1 Abortion
2 Intended
Abortion practiced by the
Abortion inflicted by pregnant 3 Caused by
258 woman herself or by her
woman or with her consent a Pregnant woman herself OR
parents
b Any other person with her consent
OR
Criminal Law 2 46
c Parents with her consent for the

purpose of concealing her dishonor
1 Abortion
2 Intended
Abortion practiced by a
Abortion inflicted by physicians 3 Physician or midwife causes or assists
259 physician or midwife and
and other medical professionals in causing abortion
dispensing or abortives
4 Physician or midwife takes advantage
of scientific knowledge or skill
1 Killing one s adversary
2 Inflicting physical injuries
Responsibility of
260 3 Making a combat although no
participants in a duel
physical injuries have been
inflicted
1 Challenging another to a duel
2 Inciting another to give or
accept a challenge to a duel
261 Challenging a duel
3 Scoffing at or decrying another
publicly for having refused to
accept a challenge to a fight a duel
1 Intentionally mutilating another
1 Castration i e mutilation of organs
by depriving him totally or partially
necessary for generation such as penis
of some essential organ for
or ovarium
reproduction
262 Mutilation 2 Mutilation is caused purposely and
2 Any other intentional mutilation
deliberately to deprive the offended
i e lopping off any part of the
party of some essential organ for
body to deprive him of that part of
reproduction
his body
1 When the injured person
becomes insane imbecile
impotent or blind in
263 Serious physical injuries consequence of the physical
injuries inflicted
Criminal Law 2 47
a loses the use of speech or

the power to hear or to
smell or loses an eye a
hand a foot an arm or a
leg or
b loses the use of any such
member or
c becomes incapacitated
for the work in which he
was theretofore habitually
engaged in consequence
of the physical injuries
inflicted
3 When the person injured

a becomes deformed or
b loses any other member
of his body or
c loses the use thereof or
d 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

becomes ill or incapacitated for
labor for more than 30 days but
must not be more than 90 days
as a result of the physical injuries
inflicted
Administering injurious Serious physical injuries by use of
264 1 Serious physical injury
substances or beverages harmful beverages or substances
Criminal Law 2 48
2 Knowingly administering to victim any

injurious substance or beverage or by
taking advantage of weakness of mind
or credulity
3 No intent to kill
1 Intent to insult or offend victim
or ignominy is present 1 Victim incapacitated for labor for ten
2 Victim is either days to thirty days or needs medical
265 Less serious physical injuries a Offender s parents attendance for the same time
ascendants guardians 2 Not those prescribed in the preceding
curators or teaches article
b Persons of rank or in
authority
1 Physical injuries incapacitating
victim for labor from one to nine
days or requiring medical
assistance for the same
Slight physical injuries and
266 2 Physical injuries which did not
maltreatment
prevent victim from engaging in
work or did not require medical
attendance
3 Ill treatment of another by deed
without causing injury
RA
Hazing
8049
1 Man • People v Orita No frustrated rape
2 Carnal knowledge of a woman • People v Mangalino Even slightest
3 Accomplished under any of the penetration is sufficient to consummate
266 Having carnal knowledge of a
Rape by Sexual Intercourse following rape
A woman without her consent
a Force or intimidation • People v Balbuena testimony of the
b Woman is deprived of reason or victim whose chastity has not been
otherwise unconscious questioned is generally accorded credence
Criminal Law 2 49
c Means of fraudulent machination or because such offended party would not

grave abuse of authority have fabricated facts that could bring
d Woman is under 12 years of age or shame and dishonor on her Nor would she
demented disclose her humiliating experience at a
public trial and thus give rise to gossip and
slander unless her motive was to bring to
justice the person who grievously wronged
her
• People v Atento Mental abnormality or
deficiency is enough to constitute
deprivation under rape
• People v Dela Cuesta To be considered
qualifying for rape guardianship must be
judicially or legally assigned Minority must
be alleged in the information
• People v Arillas Circumstances
qualifying rape must be alleged in the
information If not alleged then generic
aggravating only
1 Act of sexual assault by
a Inserting penis in another person s
Use of sexual abuse to commit mouth or anal orifice
266 Rape through Sexual rape by inserting any instrument b Inserting any instrument or object
A Assault object or any part of the body into into the genital or anal orifice of
the genital or anus of another another person
2 Accomplished using the methods
above
TITLE NINE Crimes against Personal Liberty and Security
Qualifying Circumstances 1 Private individual
1 Extort ransom from victim or 2 Kidnaps or detains or deprives another • People v Mercado Enough that victim is
any other person of his liberty restraint or deprive of freedom for it to be
Kidnapping and serious
267 2 Victim is killed or dies 3 Act is illegal kidnapping
illegal detention
3 Victim is raped 4 Any of the circumstances are present • People v Padica If taking was incidental
4 Victim is subjected to torture or a Kidnapping or detention lasts for to another crime there is no kidnapping
dehumanizing acts more than 3 days
Criminal Law 2 50
b Committed simulating public • People v Ramos No complex crime of

authority kidnapping and murder homicide under
c Serious physical injuries or threats RPC 48
to kill are made • People v Cortez Appeals to the fears of
d Victim is a minor except is an individual are equivalent to the use of
offender is parent female or actual force or violence
public office
1 Private individual
2 Kidnaps or detains or deprives another
Deprivation of liberty without the
268 Slight illegal detention of liberty
circumstances above
3 Act is illegal
4 None of the circumstances in 267
1 Arrests or detains another
2 Purpose is to delivery to proper
Capturing a person and detaining
269 Unlawful arrest authorities
him without reasonable ground
3 Arrest is not authorized by law or there
is no reasonable ground therefor
• People v Gutierrez Motive is not an
1 Entrusted with custody of a minor indispensable element of the offense
Kidnapping and failure to Failing to send back minors to their
270 2 Deliberately fails to restore said minor • People v Pastrana Essence of offense is
return a minor parents or guardians
to parents or guardians deliberate failure of the custodian to restore
the minor to his parents or guardians
1 Minor is living in the home of his
Inducing a minor to abandon Convincing minors to leave their parents or guardian or person entrusted
271
his home homes with his custody
2 Induces minor to abandon such home
1 Purchases sells kidnaps or detains a
Using a human being for servitude
272 Slavery human being
or illegal immoral traffic
2 Purpose is to enslave such being
1 Retains a minor in his service
2 Against the will of the minor
273 Exploitation of child labor Using minors for servitude
3 Under the pretext of reimbursing
himself of a debt incurred by
Criminal Law 2 51
ascendant guardian or person

entrusted with the custody of minor
RA
RA 7610
7610
1 Compels a debtor to work for him
either as household servant or farm
Services rendered under
Forcing a person in servitude in laborer
274 compulsion of payment of
order to pay his debts 2 Against debtor s will
debt
3 Purpose is to require or enforce
payment of a debt
1 Failing to render assistance to
any person offender finds
wounded or in danger of dying in
an uninhabited place when he can
render such assistance without
detriment to himself unless such
1 Uninhabited place
omission shall constitute a more
2 Found in the place a person wounded
serious offense
Abandonment of one s or in danger of dying
275
victim 3 Can render assistance without
2 Failing to render assistance to
detriment to himself
another whom offender has
4 Fails to render assistance
accidentally wounded or injured
3 Failing to deliver an abandoned

child under 7 years of age to
authorities his family or to a safe
place
Qualifying Circumstances 1 Custody of child
• Death resulted 2 Child is under 7
276 Abandonment of minor
• Life of minor was in danger 3 Abandons child
because of abandonment 4 No intent to kill
Abandoning a minor by Delivering a minor to a public
1 Has charge of the rearing or education
277 person entrusted with institution or other persons
of a minor
custody without the consent of the one
Criminal Law 2 52
who entrusted such minor to the 2 Delivers minor to a public institution or

care of the offender other persons
3 One who entrusted such child to
offender or the proper authorities has
not consented to such act
1 Parent
Neglecting his children by not
2 Neglects children by not giving them
giving them the education which
277 Indifference of parents education
their station in life requires and
3 Station in life requires such education
financial condition permits
and financial condition permits it
1 By causing any boy or girl under
16 years of age to perform any
dangerous feat of balancing
physical strength or contortion
the offender being any person
2 By employing children under 16

years of age who are not the
children or descendants of the
offender in exhibitions of acrobat
gymnast rope walker diver or
wild animal tamer the offender
278 Exploitation of minors being an acrobat etc or circus
manager or person engaged in a
similar calling
3 By employing any descendant

under 12 years of age in
dangerous exhibitions enumerated
in the next preceding paragraph
the offender being engaged in any
of the said callings
4 By delivering a child under 16

years of age gratuitously to any
Criminal Law 2 53
person following any of the

callings enumerated in paragraph
2 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 By inducing any child under 16

years of age to abandon the home
of its ascendants guardians
curators or teachers to follow any
person engaged in any of the
callings mentioned in paragraph 2
or to accompany any habitual
vagrant or beggar the offender
being any person
Unlawful entering of a dwelling
1 Private person
Qualified trespass to
280 2 Enters dwelling of another
dwelling Qualifying Circumstance
3 Entrance is against the latter s will
• Use of violence or intimidation
1 Enters closed premises or fenced estate
of another
Entering closed premises or 2 Made while uninhabited
281 Other forms of trespass
fenced estates 3 Prohibition to enter is manifest
4 Not secured permission of the owner or
caretaker thereof
1 Threatening another with the
1 Threatens victim with infliction of any
infliction upon his person honor
wrong upon his person honor or
or property or that of his family of
property or upon that of his family
any wrong amounting to a crime
2 Wrong amounts to a crime
282 Grave threats and demanding money or
3 Demand for money or any other
imposing any other condition even
condition imposed
though not unlawful and the
4 Attains purpose
offender attained his purpose
Criminal Law 2 54
2 Making such threat without the

offender attaining his purpose
1 Threatens victim with infliction of any
wrong upon his person honor or
3 Threat not subject to a condition property or upon that of his family
2 Wrong amounts to a crime
3 Threat is not subject to a condition
1 Threat to a commit a wrong
Intimidating another person with 2 Wrong does not constitute a crime
283 Light threats threats of harm not amounting to a 3 Demand for money or other condition
crime that is imposed
4 Attained or not attained his purpose
1 Threatening another with a
weapon
2 Drawing a weapon in quarrel
unless in self defense
3 Orally threatening another in
285 Other light threats the heat of anger with some harm
not constituting a crime without
persisting in the idea involved in
his threat
4 Orally threaten to do another
any harm not constituting a felony
1 Person prevent another from doing
1 Preventing another by means of
something not prohibited by law or
violence threats or intimidation
compelled him to do something against • Lee v CA Threat to file charges in order
from doing something not
his will to demand payment does NOT constitute
prohibited by law
286 Grave coercion 2 Such be effected by violence threats or coercion
intimidation • People v Alfeche No need for intent to
2 Compelling another by means
3 Restraint not be made under authority gain
of violence threats or intimidation
of law or in the exercise of any lawful
to do something against his will
right
Seizure by a creditor of his 1 Creditor
287 Light coercions
debtor s property 2 Seizes anything belong to his debtor
Criminal Law 2 55
3 Accomplished by violence or display of

material force producing intimidation
4 Purpose is to apply same to payment of
debt
Any human conduct which • Maderazo v People Not needed that
although not productive of some offended party is present Enough that
287 Unjust vexation physical or material harm would No violence or intimidation party was embarrassed annoyed irritated
unjustly annoy or vex an innocent or disturbed when she learned of the overt
person acts
Forcing or compelling directly or 1 Any person agent or officer of any
indirectly or knowingly permitting association or corporation
the forcing or compelling of the 2 Employed laborers or employees
laborer or employee of the 3 Forces or compels or knowingly
offender to purchase merchandise permits such to purchase merchandise
or commodities of any kind from or commodities of any kind from him or
288 Other similar coercions employer said association
Paying the wages due his laborer 1 Pays wages due a laborer or employee
or employee by means of tokens or by means of tokens or objects
objects other than the legal tender 2 Such are other than legal tender
currency of the Philippines unless currency of the Philippines
expressly requested by such 3 Victim does not expressly request the
laborer or employee he be paid by such means
1 Employs violence or threats to compel
or force laborers or employees in the
Formation maintenance free and legal exercise of their industry
and prohibition of or work
Preventing persons from putting
289 combination of capital or 2 Purpose is organize maintain or
together capital or labor
labor through violence of prevent coaliations of capital or labor
threats strike of laborers or lockout of
employers
3 Not constitute a more serious offense
Qualifying Circumstances 1 Private individual public officer in
Discovering secrets through
290 • Revealing the contents to private capacity
seizure of correspondence
another 2 Seizes papers or letters of another
Criminal Law 2 56
3 Purpose is to discover secrets of

another
4 Offender is informed of contents of the
documents seized
1 Manager employee or servant
Revealing secrets with Disclosing secrets known in official 2 Learns secrets of his principal or master
291
abuse of office capacity in such capacity
3 Reveals such secrets
1 Offender is a person in charge
employee or workman of a
manufacturing or industrial
Revelation of industrial Disclosing secrets known in
292 establishment
secrets business
2 Company has a secret of industry
3 Offender reveals secrets
4 Prejudice to owner
TITLE TEN Crimes against Property
1 Personal property belonging to another
2 Unlawful taking of property
293 Robbery 3 Intent to gain
4 Violence against or intimidation of any
person or force upon anything
1 Robbery with homicide
2 Robbery with rape • Napolis v CA When the elements of Arts
3 Robbery accompanied with 294 and 299 are present the crime
intentional mutilation or arson is a complex one calling for the imposition
4 Inflicting of serious physical of the penalty of the more serious offense
Robbery with Violence injuries RPC 263 par 1 and 2 • People v Del Rosario Intent to gain is
294 Against or Intimidation of 5 Violence or intimidation presumed whenever there is any sort of
Persons employed in the commission of the unlawful taking
robbery is carried to a degree • People v Salas Robbery with Homicide is
clearly unnecessary for the a special complex crime against property
commission of the crime Homicide is incidental to the robbery which
6 Inflicting of any serious physical is the main purpose of the criminal
injury upon any person not
Criminal Law 2 57
responsible for the commission of • People v Mangulabnan Only the result of

the robbery RPC 263 par 3 and 4 homicide has to be taken into consideration
7 Offender employs intimidation in order to qualify the robbery
• People v Pecato All those who took part
as principals in the commission of robbery
are guilty as principals in the special
complex crime of robbery with homicide
although they did not actually take part in
the homicide
• People v Quiñones All killings ar
emerged in one crime of robbery with
homicide as long as the killings were by
reason or on occasion of the robbery
• People v Dinola If the original desig
nwas to commit rape but after committing
it the accused also committed robbery
because the opportunity presented itself
the criminal acts should be viewed as two
distinct offenses
• People v Suela Simple robbery is
committed by means of violence against or
intimidation of persons as distinguished
from the use of force upon things
1 Robbery with serious physical injuries
RPC 263 par 2 3 4 or with
intimidation
Robbery with physical 2 Committed with any of the following
injuries committed in an Robbery with serious physical circumstances
• People v Apduhan Use of an unlicensed
uninhabited place and a injuries RPC 263 par 2 3 4 or a In an uninhabited place
295 firearm is solely applicable to RPC 295 not
band or with the use of intimidation committed with any of b By a band
to other forms of robbery
firearm on a street road or the qualifying circumstances c Attacking a moving train street car
alley motor vehicle or airship
d Entering the passengers
compartments in a train or in any
manner taking the passengers
Criminal Law 2 58
thereof by surprise in the

respective conveyances
e On a street road highway or alley
and intimidation is made with use
of firearms
1 At least four armed malefactors take
part in the commission of a robbery
2 Member of band
296 Robbery in band 3 Present at commission of a robbery by
band
4 Other members committed assault
5 Did not attempt to prevent the assault
Attempted and frustrated
1 Attempted or frustrated robbery
297 robbery under certain
with homicide
circumstances
1 Intent to defraud
2 Compels victim to sign execute or
Execution of deed by means delivery any public instrument or
298
of violence or intimidation document
3 Compulsion is by means of violence or
intimidation
1 Offendered entered an inhabited place
or public building or edifice devoted to
• People v Jaranilla RPC 299 and 302
religious worship
contemplate that the malefactor should
2 Entrance was done through any of the
enter the building If the culprit did not enter
Robbery in an inhibited 1 Malefactors shall enter the following
the building there would be no robbery
299 house or public building or house or building in which the a Through an opening not intended
with force upon things However the
edifices devoted to worship robbery is committed for entrance or egress
difference between the two is robbery
b Breaking any wall roof or floor or
under RPC 299 should take place in an
breaking any door or window
inhabited house
c Using false keys picklocks or
similar tools
Criminal Law 2 59
d Using any fictitious name or

pretending the exercise of public
authority
3 Once inside the building took personal
property belonging to another with
intent to gain
1 Inside a dwelling house public building
or edifice devoted to religious worship
regardless of the circumstances under
which he entered it
2 Takes personal property with intent to
2 Robbery committed under the gain under any of the circumstances
circumstances mentioned a Breaking of doors wardrobes
chests or any other kind of locked
or sealed furniture or receptacle
b Taking such furniture or objects
away to be broken or forced open
outside the place of robbery
Robbery under 299 when
Robbery in an uninhabited
300 committed by a band AND an
place and by a band
uninhabited place
1 Entered an uninhabited place or a
building which was NOT a dwelling
house not a public building or not an
edifice devoted to religious worship
2 Any of the circumstances were present
Robbery in an uninhabited a Entrance was effected through an
302 places or in a private opening not intended for entrance
building or egress
b Wall roof floor or outside door or
window was broken
c Entrance was effected through the
use of false keys picklocks or other
similar tools
Criminal Law 2 60
d Door wardrobe chest or any

sealed or closed furniture or
receptacle was broken
e Closed or sealed receptacle was
removed
3 Took personal property belonging to
another with intent to gain
Robbery of cereals fruits or Robbery in RPC 299 or RPC 302
303 firewood in an uninhabited consisted in taking of cereals
place or private building fruits or firewood
1 Has in possession picklocks or similar
tools
Possession of picklocks or 2 Such are specially adopted to the
304
similar tools commission of robbery
3 Does not have lawful cause for
possession
1 Four armed persons
2 Formed a band of robbers
3 Purpose is to
a Commit robbery in the highway
306 Brigandage b Kidnap persons for the purpose of
extortion or to obtain ransom
c Attain by means of force and
violence any other purpose
4 Member of the band
1 Band of brigands
2 Knows the band to be of brigands
3 Does any of the following
Aiding and abetting a band a Aids abets or protects such bands
307
of brigands of brigands
b Gives them information of the
movements of the police or other
peace officers of the Government
Criminal Law 2 61
c Acquires of receives the property

taken by such brigands
1 Take personal property of
another without the latter s
1 Taking of personal property
consent with intent to gain but
2 Property belongs to another
without violence or intimidation
3 Taking be done with intent to gain
4 Taking be done without the consent of
2 Having found lost property fail • People v Gulinao If force employed has
the owner
to deliver the same to the local no bearing on the taking of the thing the
5 Taking be accomplished without the
authorities or to its owner crime committed is theft
use of violence against or intimidation
• Santos v People The principal distinction
of persons or force upon things
3 After having maliciously between the theft and estafa is that in theft
damaged the property of another the thing is taken while in estafa the
308 Theft Hunting in enclosed estate
remove or make use of the fruits or accused receives the property and converts
1 Enclosed estate or a field where
object of the damage caused by it to his own use or benefit Theft may also
trespass is forbidden or which belongs
them occur even if the accused has de facto
to another
possession of the property if he
2 Enters the same
4 Enter an inclosed estate or a misappropriates it without the owner s
3 Hunts or fishes upon the same or
field where trespass is forbidden consent
gathers fruits cereals or other forest or
or which belongs to another and
farm products in the estate or field
without the consent of its owner
4 Same is without the consent of the
hunt or fish upon the same or
owner
gather fruits cereals or other
forest or farm products
1 Committed by a domestic
servant
2 With grave abuse of • Empelis v IAC If coconut is stolen from
confidence another place it is only simple theft
310 Qualified theft 3 Property stolen is a motor • People v Canales Recovery of stolen
vehicle mail matter or large property does not diminish the criminal
cattle liaiblity of the accused
4 Property stolen consists of
coconuts taken from the
premises of a plantation or
Criminal Law 2 62
fish taken from a fishpond or

fishery
5 Property is taken on occasion
of natural calamity vehicular
accident or civil disturbance
Directly or indirectly cut gather
remove or smuggle timber or • Mustang Lumber v CA Lumber is
PD
Illegal logging other forest product against processed timber thus this is included in
330
existing laws shall be guilty of PD 705
qualified theft
With intent to gain for himself or
1 Theft or robbery has been committed
for another shall buy receive
2 Accused is not a principal or accomplice
possess keep acquire conceal
in the commission of the crime of
sell or dispose of or shall buy and
robbery or theft
PD sell or in any other manner deal in
Fencing 3 Deals with any article item object or
1612 any article item object or
anything of value which has been
anything of value which he knows
derived from the proceeds of the crime
or should be known to him to
4 Knows that said item has been stolen
have been derived from the
5 Intent to gain for himself or another
proceeds of the crime of
Theft of the property of the Theft of any property of the
311 National Library and National Library or of the National
National Museum Museum
1 Taking possession of any real
1 Occupies possession of any real
property belonging to another by
property or usurps any real rights in
means of violence against or
property
intimidation of persons
Occupation of real property 2 Real property or real rights belong to
312
or usurpation of real rights another
2 Usurping any real rights in
3 Violence against or intimidation of
property belonging to another by
persons is used
means of violence against or
4 Intent to gain
intimidation of persons
Altering boundaries or 1 Boundary marks or monuments of
313
landmarks towns provinces or estates or any
Criminal Law 2 63
other marks intended to designate the

boundaries of the same
2 Alters said boundary marks
1 Offender is a debtor that has
obligations due and payable
314 Fraudulent insolvency
2 Absconds with his property
3 Prejudice to his creditors
1 With unfaithfulness or abuse of 1 Defrauded another by abuse of
confidence confidence or means of deceit
2 Means of false pretenses or 2 Damage or prejudice capable of
fraudulent acts pecuniary estimation is caused to the
3 Through fraudulent means offended party or third person
1 Offender has an onerous obligation to
deliver something of value
1 Estafa with unfaithfulness 2 Alters its substance quantity or quality
3 Damage or prejudice is caused to
another
A Altering the substance
quantity or quality or anything of
value which the offender shall
315 Swindling estafa deliver by virtue of an obligation to
do so
1 Money goods or other personal • Corpuz v People Mere query would be
property be received in trust or on tantamount to a demand no need for a
commission or for administration or formal demand
B Estafa with abuse of confidence under any other obligation involving the • Chua Burce v CA First element requires
1 Misappropriating the thing duty to make delivery of or return the both material and juridical possession of the
received same thing received right over thing which he
2 Converting the thing received 2 Misappropriation or conversion of such may set up even against the owner
3 Denying receipt of the thing money or property or denial of such • Lu Hayco v CA Disturbance in property
receipt rights caused by misappropriation though
3 Such is to the prejudice of another only temporary is itself sufficient to
4 Demand by offended party constitute injury
Criminal Law 2 64
1 Paper with the signature of the

offended party be in blank
2 Offended party should have delivered it
to the offender
C Estafa by taking undue
3 Above the signature is a document
advantage of the signature in
written by the offender without
blank
authority to do so
4 Document so written creates a liability
of or causes damage to the offended
party or any third person
1 False pretense fraudulent act or
fraudulent means
2 Such be made or executed prior to
simultaneously with the commission of
the fraud
2 Estafa by means of deceit
3 Victim relied on the false pretense
fraudulent act or fraudulent means
that is he was inducted to part with his
money or property because of such
4 Victim suffered damage
• People v Ong A person who is convicted
of illegal recruitment may in addition be
A Using fictitious name or falsely
convicted of estafa under Art 315 2 a of
pretending to possess power
the Revised Penal Code There is no
influence qualifications property
problem of double jeopardy because illegal
credit agency business or
recruitment is malum prohibitum in which
imaginary transactions or by
the criminal intent is not necessary
means of other similar deceits
whereas estafa is malum in se in which the
criminal intent of the accused is necessary
B By altering the quality fineness
or weight of anything pertaining to
his art or business
C By pretending to have bribed
any Government employee
Criminal Law 2 65
without prejudice to the action for

calumny which the offended party
may deem proper to bring against
the offender In this case the
offender shall be punished by the
maximum period of the penalty
• People v Ong Deceit and damage are
1 Postdated a check or issued a check in essential elements of the offense and have
D Estafa by postdating a check or
payment of obligation to be established
issuing a check in payment of an
2 Done when the offender had no funds • Koh Tieck Heng v People Although one
obligation when the offender
in the bank or his funds deposited of the essential elements of estafa is
therein were not sufficient to cover
therein were not sufficient to cover the damage or prejudice to the offended party
the amount of the check
amount of the check in the absence of proof thereof the offender
would at least be guilty of attempted estafa
E Estafa by obtaining food or
accomodation
1 Obtaining food refreshment or

accommodation without paying
therefor with intent to defraud the
proprietor or manager thereof
2 Obtaining credit at any of said

establishments by the use of any
false pretense OR
3 Abandoning or surreptitiously
removing any part of his baggage
from any of said establishments
after obtaining credit food
refreshment or accommodation
therein without paying therefor
3A Estafa by inducing another to 1 Offender induced the offended party to
sign any document sign a document
Criminal Law 2 66
2 Deceit be employed to make him sign

the document
3 Victim personally signed the document
4 Prejudice is caused
3B By resorting to some
fraudulent practice to insure
success in a gambling game
1 Court record office files documents or
3C Estafa by removing any other papers
concealing or destroying 2 Removed concealed or destroyed any
documents of the papers
3 Intent to defraud another
Failure of an entrustee to turn over
Allied Banking Corporation v Ordoñez
the proceeds of the sale of goods
The penal provision of PD 115
documents or instruments
encompasses any act violative of an
covered by a trust receipt to the
obligation covered by the trust receipt it is
extent of the amount owing to the
PD not limited to transactions in goods which
Trust Receipts Law entruster or as appears in the trust
115 are to be sold retailed reshipped stored
receipt or to return said goods
or processed as a component of a product
documents or instruments if they
ultimately sold
were not sold or disposed of in
accordance with the terms of the
trust receipt
1 Draws and issues any check • Llamado v CA What the law punishes is
2 Check is made or drawn and issued to the issuance of a bouncing check and not
apply on account or for value the purpose for which it was issued nor the
1 Drawing a check knowing that
3 Person who issues check knows at the terms and conditions relating to its
at the time of issue he does not
time of issue that he does not have issuance The mere act of issuing a
BP have sufficient funds in or credit
Bouncing Checks sufficient funds for payment of such worthless check is malum prohibitum
22 with the bank and such check is
check in full upon its presentment • Nierras v Dacuycuy Estafa and BP 22 are
subsequently dishonored for
4 Check is subsequently dishonored by two distinct and separate offenses because
insufficiency of funds
the drawee bank for the insufficiency of 1 Deceit and damage are essential
funds or credit or would have been elements in estafa but are not required in
dishonored for the same reason had not BP 22 2 A drawer of a dishonored check
Criminal Law 2 67
the drawer without any valid reason may be convicted under BP 22 even if he
ordered the bank to stop payment had issued the same for a preexisting
obligation while under estafa such
circumstance negates criminal liability
1 Has sufficient funds in or credit with
2 Having sufficient funds with
the drawee bank when he makes or
bank when he makes or draws a
draws and issues a check
check but failing to keep sufficient
2 Fails to keep sufficient funds or to
funds or maintain a credit to cover
maintain a credit to cover the full
the full amount of the check if
amount of the check if presented within
presented within a period of 90
a period of 90 days from the date
days from the date appearing
appearing thereon
thereon for which reason it is
3 Check is dishonored by the drawee
dishonored by the bank
bank
1 Immovable thing
2 Offender who was not owner of the
1 Conveying selling
property should represent that he is the
encumbering or mortgaging any
owner thereof
real property pretending to be the
3 Offender should have executed an act
owner of the same
of ownership
4 Prejudice to owner or a third person
1 Disposed of the real property
2 Knows the proper was encumbered
2 Disposing of real property as
3 Express representation by offender that
316 Other forms of swindling free from encumbrance although
real property is free from encumbrance
such be not recorded
4 Act of disposing be made to the
damage of another
1 Owner of personal property
3 Wrongfully taking by the owner 2 Lawful possession of another
his personal property from its 3 Wrongfully takes it from lawful
lawful possessor possessor
4 Prejudice is caused
4 Executing any fictitious contract
to the prejudice of another
Criminal Law 2 68
5 Accepting any compensation for

services not rendered or for labor
not performed
1 Offender is a surety in a bond given in a
criminal or civil action
2 Guaranteed the fulfillment of such
obligation with his real property or
6 Selling mortgaging or
properties
encumbering real property or
3 Sells mortgages or in any other
properties with which the offender
manner encumbers said real property
guaranteed the fulfillment of his
4 Sale mortgage or encumbrance is
obligation as surety
without express authority from the
court or made before the cancellation
of his bond or before being relieved
from the obligation contracted by him
1 Takes advantage of the inexperience or
emotions or feelings of a minor
2 Induces such minor to assume an
obligation give release or execute a
317 Swindling a minor transfer of any property right
3 Consideration is some loan of money
credit or other personal property
4 Transaction is to the detriment of such
minor
1 Defrauding or damaging
another by any other deceit not
Villaflor v CA Assurance made by an
mentioned in the preceding
accused that a property offered as a
articles
security had never been encumbered and
318 Other deceits 2 Interpreting dreams making
his her failure to disclose to the creditor that
forecasts telling fortunes or
said property was previously mortgaged to
taking advantage of the credulity
another person constitute deception
of public in any other similar
manner for profit or gain
Criminal Law 2 69
PD
Swindling by syndicate
1689
1 Personal property mortgaged under
1 Knowingly removing any
Chattel Mortgage law
personal property mortgaged
2 Offender knows such property is
under the Chattel Mortgage Law
mortgaged
to any province or city other than
3 Removes such property to any province
the one in which it was located at
or city other than the one it was located
the time of execution of the
at time of the execution of mortgage
mortgage without the written
4 Removal is permanent
consent of the mortgagee or his
5 No written consent of the mortgagee or
executors administrators or
his executors administrators or assigns
319 Chattel Mortgage assigns
to such removal
2 Selling or pledging personal
1 Already pledged under the terms of the
property already pledged or any
Chattel Mortgage law
part thereof under the terms of
2 Mortgagor sells or pledges the same or
the Chattel Mortgage Law
any part thereof
without the consent of the
3 No consent of the mortgagee written
mortgagee written on the back of
on the back of the mortgage and noted
the mortgage and noted on the
on the record thereof in the office of the
record thereof in the office of the
register of deeds
register of deeds of the province
Destruction of property by fire
Destructive Arson
• Ammunition factory and other
establishment where explosives
• People v Acosta Corpus delicti is
inflammable or combustible
PD satisfied by proof of the bare occurrence of
Arson materials stored
1613 the fire and of its having been intentionally
• Archive museum or edifice
caused
devoted to culture education or
social services
• Church or place of worship or
building where people usually
assemble
Criminal Law 2 70
• Train airplane or any aircraft or

vessel for transportation
• Building where evidence is kept
for use in official proceeding
• Hospital hotel dormitory
shopping center market theater
or similar
• Building situated in a populated
or congested area
Other Cases of Arson

• Building used as government
office
• Inhabited house or dwelling
• Industrial establishment
shipyard oil well or mine shaft
• Plantation or farm
• Rice sugar cane mill or mill
central
• Railway or bus station airport
wharf or warehouse
1 Deliberately caused damage to
property of another
Deliberately causing damage to
2 Does not constitute arson or other
327 Malicious mischief property not falling within arson or
crimes involving destruction
other crimes
3 Committed merely for sake of
damaging property
1 Obstruct performance of public
functions
2 Use of poisonous substance
Special cases of malicious 3 Spreading infection or
328
mischief contagion among cattle
4 Causing damage to the property
of National Museum or National
Library or any archive or registry
Criminal Law 2 71
road or other thing used in

common by the public
Any other mischief not included in
329 Other mischiefs
previous article
Damaging any railway telegraph
or telephone lines
Damage and obstruction to
330 Qualifying Circumstance
means and communication
• Derailment of cars collision or
other accident
Destroying or damaging
Damage to public monuments or
331 statues public monument
statues
or paintings
TITLE ELEVEN Crimes against Chastity
1 Married woman
Sexual intercourse by a married
2 Has sexual intercourse with a man not
333 Adultery woman with a man other than her
her husband
husband
3 Man knows her to be married
1 Keeping a mistress in the
conjugal dwelling
2 Having sexual intercourse 1 Married man • Beltran v People Man is liable for
334 Concubinage under scandalous circumstances 2 Committed any of the acts concubinage even during the pendency of a
with a woman who is not his wife 3 Woman knows him to be married petition for declaration of nullity of marriage
3 Cohabiting with her in any other
place
1 Act of lasciviousness or lewdness
2 Against person of either sex
3 Done under any of the following
• Amployo v People The presence of lewd
circumstances
Acts of lewdness committed upon acts is inferred from the nature of the acts
336 Acts of lasciviousness a Force or intimidation
any person themselves and the environmental
b Deprived of reason or otherwise
circumstances
unconscious
c Fraudulent machination or grave
abuse of authority
Criminal Law 2 72
d Victim is under 12 years of age or

demented
• People v Fontanilla The seduction of a
virgin over 12 and under 18 year old
committed by any of the persons
1 Sexual intercourse with a virgin enumerated in RPC 337 is constitutive of
between 12 to 18 years old by an 1 Victim is a virgin presumed if the crime of qualified seduction even
offender possessing moral unmarried and of good reputation though no deceit intervenes or even when
ascendancy over her 2 Over 12 and under 18 years of age such carnal knowledge were voluntary on
337 Qualified seduction
3 Has sexual intercourse with her the part of the virgin
Qualifying Circumstances 4 Abuse of authority confidence or • Perez v CA Previous acquittal does not
• Person seducing sister or relationship preclude the filing of another information
descendant w n virgin or over 18 against him if from those facts two distinct
offenses each requiring different elements
arose such as the elements of Qualified
Seduction and Consented Abduction
1 Over 12 and under 18 • People v Pascua There must in all cases
Sexual intercourse with a woman 2 Good reputation single or widow be some deceitful promise or inducement
338 Simple seduction
over 12 and below 18 3 Sexual intercourse with her The woman should have yielded because of
4 Committed by means of deceit this promise or inducement
1 Acts of lasciviousness
2 Victim is a woman who is virgin single
Acts of lasciviousness with Acts of lasciviousness committed or widow of good reputation under 18
339 the consent of the offended by same persons and but over 12 or a sister or descendant
party circumstances in seduction regardless of age or reputation
3 Accomplishes act by abuse of authority
confidence relationship or deceit
Facilitating the use of minors to
340 Corruption of minors
satisfy the lust of another
1 Engaging in or promoting
facilitating or inducing child
RA
Child prostitution prostitution
7610
2 Committing act of sexual
intercourse or lascivious conduct
Criminal Law 2 73
with a child exploited in

prostitution or subjected to other
sexual abuse
3 Those who derive profit or
advantage therefrom
Attempt to commit child

prostitution any person not a
relative found alone with child in a
hidden or secluded area under
circumstances leading a
reasonable person to believe that
such child is about to be exploited
1 Engaging in the business of
prostitution
2 Profiting by prostitution
341 White slave trade
3 Enlisting the services of
women for the purpose of
prostitution
• People v Jose Forcible abduction
CANNOT be complexed with the rape
committed by the other principals as
forcible abduction is a necessary if not
1 Woman abducted
Taking a woman against her will indispensable means which enabled them
342 Forcible abduction 2 Against her will
and with lewd designs to commit the various and the successive
3 With lewd designs
acts of rape upon her person
• People v Godines Forcible abduction is
absorbed in rape if the main objective is to
rape the victim
1 Virgin
Taking a virgin over 12 and under
2 Over 12 and under 18
343 Consented abduction 18 with her assent and with lewd
3 Taking away is done with her consent
designs
4 With lewd designs
TITLE TWELVE Crimes against the Civil Status of Persons
Criminal Law 2 74
Woman pretends to be pregnant

when in fact she is not and takes
Simulation of births 1 Takes the child of another as her own
the child of another as her own to
alter the civil status of a child
Exchange of child with another in

Substitution of one child for
347 order to cause the loss of any trace
another
of filiation
1 Legitimate child
Concealment or
2 Conceals or abandons such child
abandonment of a legitimate Abandoning a legitimate child
3 Intent to cause the child to lose its civil
child
status
Representing himself to be
another and assuming the filiation
or parental conjugal rights of the
other person with intent to enjoy
the rights arising from such civil
348 Usurpation of Civil Status
status
Defrauding the offended party or
his heirs
1 Legally married
2 Marriage not legally dissolved or absent
Contracting a second marriage spouse not yet presumed dead
349 Bigamy
while previous marriage still exists 3 Contracts a subsequent marriage
4 Subsequent marriage has all the
essential requisites for validity
1 Offender contracted marriage
Contracting marriage knowing
2 Knew at the time that requirements of
that requisites are not complied
Marriage contracted against the law were not complied with OR
350 with
provisions of law marriage was in disregard of a legal
impediment
Qualifying Circumstance
3 NOT guilty of bigamy
Criminal Law 2 75
• Consent obtained by means of

violence intimidation or fraud
1 Widow who married within
301 days from the date of
death of her husband or
before having delivered if she
is pregnant at the time of his
351 Premature marriages death
2 Woman whose marriage is
annulled or dissolved marries
before her delivery or before
the expiration of 301 days
after date of legal separation
Solemnizing officer who
1 Solemnizing officer
Performance of illegal knowingly authorizes marriages
352 2 Knowingly solemnizes marriage in
marriage ceremony which are in disregard of legal
disregard of a legal impediment
impediments
TITLE THIRTEEN Crimes against Honor
• Newsweek Inc v IAC Press statements
referring to an official act performed by an
elective public official is protected by the
1 Imputation of a crime or of a vice or freedom of the press Libel suits should
defect real or imaginary or any act specify the individual damaged or if groups
omission status or circumstance were attacked the statement must be
2 Imputation must be made publicly all encompassing or sufficiently specific
Defamation coursed through mass
353 Libel 3 Malicious • Lacsa v IAC A libel charge is sufficient i
media
4 Directed to a natural or juridical person if the words are calculated to induce the
or one who is dead hearers to suppose and understand that the
5 Tend to cause the dishonor discredit or person s against whom they were uttered
contempt of the person defamed were guilty of certain offenses ii if the
words are sufficient to impeach the victim s
honesty virtue or reputation or iii hold
the victim up to public ridicule
Criminal Law 2 76
• Soriano v IAC Multiple publication rule is

followed in the Philippines which makes it
so each and every publication of the same
libel constitutes a distinct offense
• Vasquez v CA If the defamatory
statement is made against a public official
with respect to the discharge of his official
duties and functions and the truth of the
allegation is shown the accused will be
entitled to an acquittal even though he does
not prove that the imputation was
published with good motives and for
justifiable ends
• Sazon v CA Any attack upon the private
character of the public officer on matters
which are not related to the discharge of
their official functions may constitute libel
• Navarette v CA The general rule is that
statements during court proceedings are
privileged as long as they are relevant to
the case And if it is not privileged for libel
to be present the victim must be clearly
identifiable from the utterances
• Vicario v CA The maker of a libelous
republication or repetition although not
liable for the results of the primary
publication is liable for the consequences
of a subsequent publication which he
makes or participates in making so long as
the elements of libel are satisfied
Commission of libel through
Libel by writings or similar
355 writing printing or any other Cf RPC 353
means
similar means
Criminal Law 2 77
1 Threatening another to
publish a libel concerning him
Threatening to publish and or his parents spouse child
offer to prevent such or other members of his family
356
publication for a 2 Offering to prevent the
compensation publication of such libel for
compensation or money
consideration blackmail
1 Reporter editor or manager of a
newspaper daily or magazine
Prohibited publication of
Publication of acts that are 2 Publishes facts connected with the
357 acts referred to in the course
prohibited to be published private life of another
of official proceedings
3 Such facts are offensive to the honor
virtue and reputation of said person
• Reyes v People Putang ina mo is a
common enough expression in the dialect
that is often employed not really to slander
Oral defamation of another
but rather to express anger or displeasure
1 Simple slander
358 Slander Cf RPC 353 • Victorio v CA Oral statements that a
2 Grave slander serious and
lawyer is unethical or a false charge
insulting nature
dealing with office trade occupation
business or profession of a person charged
are slanderous per se
1 Persons any act not included in any
other crime against honor
Defamation through acts that cast
2 Performed in presence of other person
359 Slander by deed dishonor discredit or contempt to
or persons
another
3 Casts dishonor discredit or contempt
upon the offended party
1 Offender performs an act
• Huggland v Latin On the other hand
Machinations made against 2 Act directly incriminates or imputes to
Incriminating an innocent planting of evidence incriminating innocent
363 innocent persons e g planting an innocent person the commission of a
person person is committed by performing an act
evidence and the like crime
by which the offender directly incriminates
3 Does not constitute perjury
Criminal Law 2 78
or imputes to an innocent person the

commission of a crime
Schemes or plots that blemishes
364 Intriguing against honor
the honor or reputation of persons
TITLE FOURTEEN Quasi Offenses
1 Does or fails to do an act • People v Cano Criminal negligence is not
2 Doing or failure to do is voluntary only a means or a modality of committing a
Ways in which crimes are 3 Without malice crime It is a quasi offense that is separately
committed lack of precaution 4 Material damage results punished by Art 365 of the Revised Penal
which results to a crime 5 Inexcusable lack of precaution on the Code
part of the offender taking into • Ibabao v People Failure to lend aid to a
1 Reckless imprudence consideration his employment degree victim is a qualifying circumstance which
of intelligence physical condition and must be alleged in the Information before
other circumstances the same can result in raising the penalty
suffered by the accused
• Buerano v CA Article 365 penalized the
negligence or careless act not the result
365 Criminal Negligence
thereof Thus whether the injurious result
should affect one person or several persons
the offense criminal negligence remains
1 Lack of precaution one and the same and cannot be split into
2 Damage impending to be caused is not different crimes and prosecutions
2 Simple Imprudence
immediate or the danger is not clearly • Gan v CA One who suddenly finds
manifest himself in a place of danger and is required
to act without time to consider the best
means is not guilty of negligence if he fails
to adopt what subsequently and upon
reflection may appear to have been a better
method
SELECTED SPECIAL PENAL STATUTES
1 Tapping any wire or cable
RA
Wiretapping 2 Using any other device to
4200
secretly overhear intercept or
Criminal Law 2 79
record such communication or

spoken word
3 Knowingly possessing any
record or copies thereof of any
communication or spoken word
secured in the prohibited manner
4 Replaying the same for other
persons
5 Communicate contents thereof
6 Furnishing transcriptions
thereof
PD Possession of Firearms and
1866 Ammunition
RA
Sexual Harassment
7877
RA Access Devices Regulation
8484 Act
RA
Money Laundering
9160
RA
Trafficking in Persons
9208
Toxic Substances and
RA
Hazardous and Nuclear
6969
Wastes
RA
Carnapping
6539
RA
Terrorism
9372
RA
Torture
9745
Criminal Law 2 80

Crimes against National Security: Treason, Espionage, and Related Offenses

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Crimes against National Security: Treason, Espionage, and Related Offenses

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Law Crime Deﬁnition Acts Included Elements Case Doctrines

TITLE ONE Crimes against National Security The Law of Nations

• People v Perez Extent of aid provided

Conspiracy in time of war two

1 PH citizen who owes allegiance to the

Entering without authority

1 Offender performs unlawful or

1 Notice or information might be a Prohibited by government OR

3 Accompanied by murder homicide

elements is that the offender is a private

1 Public ofﬁcer or employee

the previous consent of such

i the territory of the furtherance of rebellion though crimes in

1 Person or persons belonging to the

Conspiracy and proposal to Cf conspiracy and proposal to

province or the National

b Behaves in a manner to interrupt

2 Association is totally or partially

2 Refusing to be sworn or placed

3 Making any outcry tending to

1 Discharging any ﬁrearm

• Using picklocks false keys

3 Forging the stamp of the

3 Utterance of such in connivance

4 Alteration changes the meaning of the

3 Offender attributed to such person

1 Date mentioned is essential and affects

1 There be an alteration or insertion on a

1 Uttering ﬁctitious wireless 1 Ofﬁcer or employee of the government

3 Used resulted in the prejudice of a third

ofﬁcer of the government under pertaining to an ofﬁce which the person

4 Given by defendant knowing it to be

1 Combination to prevent free

2 Reproduce a registered mark or

2 Employs means calculated to

3 Make false statement in the

• Fernando v CA Article 201 does not

wherein the public ofﬁcer has to 3 On behalf of offender or any other

Neglecting or refusing after due 1 Public ofﬁcer

favor of any person not qualiﬁed

enterprise which will be directly

3 Recommend any person to any

even a person having a meager 2 Renders a judgment in a case

2 Revealing any of the secrets of

3 Such is in consideration of any promise

delivery any property in his

3 Opens or permits to be opened such

5 Offender disobeys superior despite

3 Assumes performance of the duties

4 Lawfully required to refrain from

1 Interested in matters pending

3 Wife daughter sister or relative

• People v Jumawan Relationship of

5 Consideration of price reward

4 All those who appear to have used

c Parents with her consent for the

2 When the injured person

a loses the use of speech or

3 When the person injured

4 When the injured person

2 Knowingly administering to victim any

c Means of fraudulent machination or because such offended party would not

b Committed simulating public • People v Ramos No complex crime of