Criminal Law II Bar Memory Aid

Rose Raycos 2006 Bar Memory Aid (Criminal Law - Book 2)
Page 1 of 41
TITLE I: CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS

1. Treason
2. Conspiracy and Proposal to Commit Treason
3. Misprision of Treason
4. Espionage
5. Inciting to War and Giving Motives for Reprisal
6. Violation of Neutrality
7. Correspondence with Hostile Country
8. Flight to Enemy Country
9. Piracy and Mutiny

GR: committed in times of war
Except: espionage, inciting to war or giving motives for
reprisal, violation of neutrality, piracy and mutiny

Elements

Crime Elements
114
Treason
1. Offender is Filipino citizen or alien residing in
RP
2. There is war in which the Philippines is
involved
3. Offender either:
a. levies war against the government
i. that there be actual assembling of
men,
ii. for the purpose of executing a
treasonable design by force
b. or adheres to enemies, giving aid or
comfort
115
Conspiracy
and
Proposal to
Commit
Treason
Conspiracy to Commit Treason
Proposal to Commit Treason
116
Misprision
of Treason
1. Offender must be owing allegiance to the
government and not a foreigner
2. He has knowledge of any conspiracy to
commit treason against the government
3. He conceals/does not disclose and make
known the same as soon as possible to
governor/fiscal of province or mayor/fiscal of
city in which he resides
117
Espionage
1. By entering, without authority therefore, a
warship, fort or naval or military
establishment or reservation to obtain any
information, plans, photographs or other data
of a confidential nature relative to the defense
of the Philippines
a. Offender enters any of the places
mentioned
b. He has no authority therefore
c. His purpose is to obtain info, plans, etc.
of a confidential nature relative to
defense of RP
2. By disclosing to representative of a foreign
nation the contents of the articles, data, or
information referred to in Par. No. 1 which he
had in his possession by reason of the public
office he holds
a. Offender is a public officer
b. He has in his possession the articles, etc.
by reason of the public office he holds
c. He discloses their contents to a
representative of a foreign nation
118
Inciting to
War/Giving
Motives
1. Offender performs unlawful or unauthorized
acts
2. Such acts provoke or give occasion for a war
involving or liable to involve RP or expose
Filipino citizens to reprisals on their persons
or property
119
Violation of
Neutrality
1. War which the Philippines is not involved
2. There is a regulation issued by competent
authority for the purpose of enforcing
neutrality
3. Offender violates such regulation
120
Corres-
pondence
with Hostile
Country
1. Time of war in which the Philippines is
involved
2. Offender makes correspondence with enemy
country or territory occupied by enemy troops
3. The correspondence is either
a. Prohibited by the government
b. Carried in ciphers or conventional signs
c. Containing notice or information which
might be useful to the enemy
121
Flight to
Enemys
Country
1. There is a war which the Philippines is
involved
2. Offender must be owing allegiance to
government
3. Offender attempts to flee or go to enemy
country
4. Going to enemy country is prohibited by
competent authority
122
Piracy in
General and
Mutiny on
the High
Seas or in
Philippine
Waters
1. Vessel is on the high seas or in RP waters
2. Offenders are not members of complement or
passengers of the vessel
3. Offenders either
a. attack or seize the vessel
b. seize the whole or part of the cargo of
said vessel, its equipment, or personal
belongings of its complement or
passengers
123
Qualified
Piracy
Qualifying Circumstances:
1. Seized vessel by boarding/firing upon the
same; or
2. Pirates have abandoned their victims without
means of saving themselves; or
3. Crime is accompanied by murder, homicide,
physical injuries or rape

Anti-Piracy and Anti-Highway Robbery (PD 532)

PD 532 Art. 122
Committed by any person,
including a passenger or
member
Committed by strangers (non-
passengers or non-members)
Philippine waters Philippine waters or high seas
4 ACCOMPLICE:
(a) Knowingly or in any manner
aids or protects, or acquires or
receives property taken or in
any matter derives any benefit
(b) Directly or indirectly abets
commission

Robbery, Piracy and Mutiny

Robbery Piracy Mutiny
Offenders are
outsiders
Offenders members of
complement or passengers
Robbery in an
Uninhabited Place
if committed in
banca/ raft by
crewmember or
passenger
Robbery
committed by
outsiders
Raise commotion or
protest or go against
lawful command of
captain

Anti-Hijacking Law (RA 6235)

Aircraft
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Philippine Registry Change course or destination or usurping or
seizing control while in flight
Foreign Registry Land in any part of RP territory or usurping
or seizing control, while within RP territory
Passenger Aircraft
Operating as Public
Utility in RP
Carrying or loading on board substances
that are corrosive, flammable, explosive or
poisonous
Cargo Aircraft
Operating as Public
Utility in RP
Shipping or loading such substances in a
manner not in accordance with rules and
regulations of Air Transportation Office
Qualifying
Circumstances
(1) firing upon the pilot, crew or passenger
(2) exploding or attempting to explode any
bomb or explosive to destroy the aircraft
(3) committing crime accompanied by
murder, homicide, serious physical injuries,
or rape

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TITLE II: CRIMES AGAINST THE
FUNDAMENTAL LAWS OF THE STATE

1. Arbitrary Detention
2. Delay in Delivery of Detained Persons to Proper
Judicial Authorities
3. Delaying Release
4. Expulsion
5. Violation of Domicile
6. Search Warrants Maliciously Obtained and Abuse in
Service of Those Legally Obtained
7. Searching Domicile without Witnesses
8. Prohibition, Interruption and Dissolution of Peaceful
Meetings
9. Interruption of Religious Worship
10. Offending Religious Feelings

Elements

Crime Elements
124
Arbitrary
Detention
1. Offender is a public officer or employee
2. He detains a person
3. Detention is without legal grounds
125
Delay in
Delivery of
Detained
Person to
Proper
Judicial
Authorities
2. Detained a person for some legal ground
3. Fail to deliver person to proper judicial
authorities:
a. 12 hrs light penalties or their equivalent
b. 18 hrs corrective penalties or equivalent
c. 36 hrs afflictive/capital or equivalent
126
Delaying
Release
2. Judicial/executive order for release of a
prisoner or detention prisoner, or there is a
proceeding upon a petition for the liberation
of such person
3. Offender without good reason delays:
a. service of notice of such order to the
prisoner
b. performance of such judicial/executive
order for the release of the prisoner
c. proceedings upon a petition for the
release of such person
127
Expulsion
2. He expels any person from RP or compels a
person to change his residence
3. Offender is not authorized to do so by law
128
Violation of
Domicile
Acts Punished:
1. By entering any dwelling against the will of
the owner thereof; or
2. By searching papers or other effects found
therein without the previous consent of such
owner; or
3. By refusing to leave the premises, after having
surreptitiously entered said dwelling and after
having been required to leave the same

Elements Common to the Three Acts:
2. Not authorized by judicial order to enter
dwelling and/or to make a search for papers
& other effects
129
Search
Warrants
Maliciously
Obtained
and Abuse
in Service of
Those
Legally
Obtained
Acts Punished:
1. Procuring a search warrant without just cause
a. Offender is a public officer or employee
b. Procures a search warrant
c. There is no just cause
2. Exceeding authority or using unnecessary
severity in executing a search warrant legally
procured
a. Offender is a public officer or employee
b. Legally procured a search warrant
c. Exceeds authority or uses unnecessary
severity in executing the same
130
Searching
Domicile
Without
Witnesses
2. Armed with search warrant legally procured
3. Searches domicile, papers or other belongings
of any person
4. Owner, or any member of his family, or 2
witnesses residing in the same locality are not
present
131
Prohibition,
Interruption
, and
Dissolution
of Peaceful
Meetings
2. He performs any of the following acts:
a. Prohibiting/interrupting, without legal
ground, holding of a peaceful meeting, or
by dissolving the same
b. Hindering any person from joining any
lawful association or attending any
meetings
c. Prohibiting/hindering any person from
addressing, either alone or together with
others, any petition to the authorities for
the correction of abuses or redress of
grievances
132
Interruption
of Religious
Worship
2. Religious ceremonies or manifestations of any
religion are about to take place or are going on
3. Offender prevents or disturbs the same

Qualifying Circumstance:
* if committed with violence or threats
133
Offending
the
Religious
Feelings
1. Acts complained of were performed:
In a place devoted to religious worship, or
During celebration of any religious ceremony
2. Acts must be notoriously offensive to the
feelings of the faithful

Comparisons

Arbitrary Detention (art. 124) Illegal Detention (art. 267)
Public officers whose official
duties give them the authority
to effect arrest and detain
persons
Other kind of public officers,
private individuals
Intent to detain Intent to detain
Detention at the outset unlawful

Arbitrary Detention (art. 124) Unlawful Arrest (art. 269)
Public officer authorized to
arrest and detain
Public officer/private
individual
Detention without lawful cause Feigned to arrest without legal
cause the purpose of which it to
file charge
Detention is penalized Arrest is penalized

Arbitrary Detention (art. 124) Delay in Delivery (art. 125)
No warrant of arrest No warrant of arrest
No legal grounds With legal grounds

Art. 128 Art. 129 and 130
No warrant Warrant but maliciously
obtained or even if issued
regularly, abuse in
implementation
Officer can be held liable for
perjury
Page 4 of 41

Art. 131 Illegal Assembly (art. 146)
Assembly for legal purpose Assembly not for legal purpose
Officer not a member of
assembly
May be a member of assembly

Art. 132 and 133 Unjust Vexation
Exercise of religious
manifestations, not quasi
religious ceremonies

132 public officer
133 anyone

Directed at religious belief itself
and act is notoriously offensive
Offensive to particular religion
only

Page 5 of 41
TITLE III: CRIMES AGAINST PUBLIC ORDER

1. Rebellion, Insurrection, Coup detat, Disloyalty of
Public Officers, Sedition (Conspiracy, Proposal,
Incitement),
2. Crimes Against Proper Representation (Acts
Tending to Prevent the Meeting of Congress,
Disturbance of Proceedings of Congress and Similar
Bodies, Violation of Parliamentary Immunity)
3. Illegal Assemblies and Illegal Associations
4. Direct Assault, Indirect Assault, Disobedience
(Disobedience to Summons Issued by Congress,
Resistance and Disobedience to Person in
Authority/Agent)
5. Public Disorders (Tumults and Other Disturbances
of Public Order, Unlawful Use of Means of
Publication and Unlawful Utterances, Alarms and
Scandals
6. Delivering Prisoners from Jail, Evasion of Service of
Sentence, Evasion on Occasion of Disorders,
Violation of Conditional Pardon
7. Quasi-Recidivism

Elements

Crime Elements
134
Rebellion or
Insurrection
Public uprising and taking arms against Govt
Purpose:
a. remove from allegiance to said govt or
laws:
territory of RP or any part thereof; or
any body of land, naval or other armed
forces; or
b. deprive Chief Executive or Congress,
wholly or partially, of their powers or
prerogatives
134-A
Coup detat
1. Offender is person(s) belonging to the military
or police or holding any public office or
employment
2. Committed thru swift attack accompanied by
violence, intimidation, threat, strategy or
stealth
3. Attack directed against duly constituted
authorities of RP, or any military camp or
installation, communication networks, public
utilities or other facilities needed for the
exercise and continued possession of power
4. Purpose: seize or diminish state power
136
Conspiracy
and
Proposal
Conspiracy and Proposal to Commit Coup detat
Conspiracy to Commit Rebellion or Insurrection
Proposal to Commit Rebellion or Insurrection
137
Disloyalty
of Public
Officers
2. Commits any of the following acts of
disloyalty:
a. Failing to resist a rebellion by all the
means in their power;
b. Continuing to discharge the duties of
their offices under the control of the
rebels;
c. Accepting appointment to office under
them
138
Inciting to
Rebellion
1. Offender does not take arms or is not in open
hostility against the government
2. Incites others to the execution of acts of
rebellion
3. Inciting is done by means of speeches,
proclamations, writings, emblems, banners or
other representations tending to the same end
139 1. Offenders rise publicly and tumultuously
Sedition 2. Employ force, intimidation, or other means
outside of legal methods
3. Objects:
a. Prevent the promulgation or execution of
any law or the holding of any popular
election
b. Prevent the National Govt, or any
provincial or municipal govt, or any
public officer from freely exercising
functions, or prevent the execution of any
administrative order
c. Inflict any act of hate/revenge upon
person or property of any public officer
or employee
d. Commit, for any political or social end,
any act of hate/revenge against private
persons or any social class; and
e. Despoil, for any political or social end,
any person, municipality or province, or
the national govt of all its property or
any part
141 Conspiracy to Commit Sedition
142
Inciting to
Sedition
Acts Punished:
1. Inciting to Sedition to Accomplish its Objects:
a. Offender does not take direct part in the
crime of sedition
b. He incites others to the accomplishment
of any of the acts which constitute
sedition
c. Inciting done by means of speeches,
proclamation, writings, emblems,
cartoons, banners, or other
representations
2. Uttering seditious words or speeches which
tend to disturb the public peace
3. Writing, publishing or circulating scurrilous
libels against govt tending to disturb the
public peace
a. Offender does not take direct part in
sedition
b. Commits acts of sedition (either 2 or 3)
143
Acts
Tending to
Prevent the
Meeting of
Congress
1. A projected or actual meeting of Congress and
similar bodies
2. Offender may be any person
3. Prevents such meeting by force or fraud
144
Disturbance
of
Proceedings
of Congress
A meeting of Congress and similar bodies
The offender does any of the following acts:
He disturbs any of such meetings
He behaves while in the presence of any such
bodies in such a manner as to interrupt
its proceedings or to impair the respect
due it.
First Form
1. Offender (any person) uses force,
intimidation, threats or fraud
2. Purpose: to prevent any member of Congress
from:
a. Attending the meetings of Congress; or
b. Expressing his opinion; or
c. Casting his vote
145
Violation of
Parlia-
mentary
Immunity
Second Form
2. He arrests or searches any member of
Congress
3. Congress is in regular or special session
4. Member has not committed a crime
punishable by penalty higher than prision
mayor
146
Illegal
Assemblies
1. Meeting attended by armed persons for the
purpose of committing any of the crimes in
RPC
a. a meeting, gathering or group of persons,
whether in a fixed place or moving
b. meeting is attended by armed persons
c. purpose: commit any crime punished in
Page 6 of 41
RPC
2. Meeting in which the audience, whether
armed or not, is incited to the commission of
treason, rebellion or insurrection, sedition, or
assault upon a person in authority or his
agents
a. meeting, a gathering or group of persons,
whether in a fixed place or moving
b. audience, whether armed or not, incited
to commission of the crime of treason,
rebellion or insurrection, sedition or
direct assault
147
Illegal
Associations
Illegal Associations:
1. Associations totally or partially organized for
the purpose of committing any of the crimes
punishable under the Code
2. Associations totally or partially organized for
some purpose contrary to public morals
148
Direct
Assaults
Two Forms and Requisites:
1. First form (rebellion by a handful of people)
a. the offender employs force or
intimidation
b. the aim of the offender is to attain any of
the purposes of the crime of rebellion or
any of the objects of crime of sedition
c. there is no public uprising
2. Direct Assault (laying hands on person in
authority)

Simple Assault:
1. offender makes an attack, employs force,
makes a serious intimidation, or makes a
serious resistance
2. person assaulted is person in authority or his
agent
3. at the time of the assault the person in
authority or his agent is engaged in the actual
performance of official duties, or that he is
assaulted by reason of the past performance of
official duties
4. offender knows that the one he is assaulting is
a person in authority or his agent in the
exercise of his duties
5. there is no public uprising

Qualified Assault
1. when the assault is committed with a weapon
2. when the offender is a public officer or
employee
3. when offender lays hands upon person in
authority
149
Indirect
Assaults
1. Person in authority or his agent is the victim
of any of the forms of direct assault defined in
Article 148
2. Person comes to the aid of authority or his
agent
3. Offender makes use of force/intimidation
upon person coming to the aid of authority or
his agent
150
Disobedienc
e to
Summons
Issued by
Congress, its
Committees,
etc.
Acts Punishable:
1. By refusing, without legal excuse, to obey
summons of Congress, its special or standing
committees and subcommittees or divisions,
or by any commission or committee chairman
or member authorized to summon witnesses
2. By refusing to be sworn or placed under
affirmation while being before such legislative
or constitutional body or official
3. By refusing to answer any legal inquiry or to
produce any books, papers, documents, or
records in his possession, when required by
them to do so in the exercise of their functions
4. By restraining another from attending as a
witness in such legislative or constitutional
body
5. By inducing disobedience to a summons or
refusal to be sworn by any such body or
official
151
Resistance
and
Disobedienc
e to a Person
in Authority
or Agents of
Such Person
Resistance and Serious Disobedience (Par.1):
1. A person in authority or his agent is engaged
in the performance of official duty or gives a
lawful order to the offender
2. The offender resists or seriously disobeys such
person in authority or his agent
3. The act of the offender is not included in the
provisions of Articles 148, 149, and 150

Simple Disobedience (Par. 2):
1. An agent of a person in authority is engaged
in the performance of official duty or gives a
lawful order to the offender
2. Offender disobeys agent of person in
authority
3. Such disobedience is not of a serious nature
153
Tumults and
Other
Disturbance
s of Public
Order
Tumults and Other Disturbances of Public Order:
1. Causing any serious disturbance in a public
place, office or establishment
2. Interrupting or disturbing performances,
functions or gatherings, or peaceful meetings,
if the act is not included in Articles 131 and
132
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

Qualifying Circumstances: if tumultuous in
character

Tumultuous the disturbance or interruption shall
be deem as such if caused by more than three
persons who are armed or provided with means of
violence
154
Unlawful
Use of
Means of
Publication
and
Unlawful
Utterances
Acts Punished
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. By encouraging disobedience to the law r to
the constituted authorities or by praising,
justifying or extolling any act punished by
law, by the same means or by words,
utterances or speeches
3. By maliciously publishing or causing to be
published any official resolution or document
without proper authority, or before they have
been published officially
4. By printing, publishing or distributing (or
causing the same) books, pamphlets,
periodicals, or leaflets which do not bear the
real printers name, or which are classified as
anonymous
155
Alarms and
Scandals
Acts Punished as Alarms and Scandals:
1. Discharging firearm, rocket, firecracker, or
other explosive within any town/public place,
calculated to cause (which produces) alarm or
danger
2. Instigating or taking an active part in any
charivari or other disorderly meeting
offensive to another or prejudicial to 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,
provided Article 153 is not applicable
156 1. Person confined in a jail or penal
Page 7 of 41
Delivering
Prisoners
from Jail
establishment
2. Offender removes therefrom such person, or
helps the escape of such person

Qualifying Circumstance
* offenders act of employing bribery as a means
of removing or delivering the prisoner from jail,
and not the offenders act of receiving or agreeing
to receive a bribe as a consideration fro committing
the offense
157
Evasion of
Service of
Sentence
1. Offender is a convict by final judgment
2. Sentence consists in deprivation of liberty
3. Evasion by escaping during the term of
sentence
1. unlawful entry (by scaling);
2. breaking doors, windows, gates, walls, roofs
floors;
3. using picklocks, false keys, disguise, deceit,
violence, or intimidation; or
4. thru connivance with other convicts or
employees of penal institution
158
Evasion on
Occasion of
Disorders
1. Offender is a convict by final judgment, who
is confined in a penal institution
2. Disorder, result of: conflagration, earthquake,
explosion, similar catastrophe, or mutiny in
which he has not participated
3. Offender evades service of his sentence by
leaving the penal institution where he is
confined, on the occasion of such disorder or
during the mutiny
4. Offender fails to give himself up to the
authorities within 48hrs following issuance of
proclamation by the chief executive
announcing passing away
159
Violation of
Conditional
Pardon
1. Offender was a convict
2. Granted conditional pardon by Chief
Executive
3. He violated any of the conditions of such
pardon

160
Quasi-
Recidivism
Commission of Another Crime During Service of
Penalty Imposed for Another Previous Offense
1. The offender was already convicted by final
judgment of one offense
2. He committed a new felony before beginning
to serve such sentence or while serving the
same
Rebellion, Coup detat, Sedition

Rebellion and Common Crimes
New Doctrine: Offenders may be charged for common
crimes (e.g. murder, homicide, arson, and other
felonies that may be conceivably committed in the
course of the rebellion) separately from rebellion
and insurrection.
Former doctrine (Hernandez, Enrile, etc.): rebellion
absorbs common crimes; Article 48 cannot be
invoked

Rebellion Coup detat
Rising publicly Swift attack
Multitude of people Singly or collectively
Does not require Require principal participants to be
AFP, PNP, etc.
Overthrow government Destabilize, immobilize or paralyze
govt
Always force and
violence
Not limited to force and violence

Rebellion Sedition
Political Political/social
Use of firearm essential Use of firearm not an essential
ingredient
* Cannot be prosecuted for illegal possession of firearm because it is
absorbed

Rebellion/Sedition Inciting to Rebellion or Sedition
Must take part in crime Civilians who do not take part

Tumults (art. 153) Inciting to
Sedition
(art. 142)
Direct Assaults
(art. 148)
Intent: disturb public
performance or create
disturbance in a public
place
Acts employed in
142
Objectives in 139

Rise publicly
and tumultuously
No public
uprising

Illegal Assemblies and Associations

Illegal Assemblies Illegal Associations
Mere gathering for
unlawful purpose which
must relate to crime in
RPC
Forming of illegal orgn, association,
corporation for criminal activities
prohibited by RPC and SPL or any
act prejudicial to public welfare
RPC only RPC and SPL
If offense punishable
under SPL, no illegal
assembly

Direct Assault
If made while in performance of PAs duty, crime is
Direct Assault, whatever his reason may be for
attacking.
Must be while acting within the SCOPE of his authority
If made when OFF DUTY, motive must be determined:
Direct Assault if attack related to past
performance
No Direct Assault if no such reason

Person in Authority any person directly vested with
jurisdiction, whether as an individual or as a member of
some court or governmental corporation, board or
commission
(e.g. barangay chairman, members of Lupong
Tagapagkasundo, teachers, lawyers and heads of schools)

Agent of Person in Authority one who, by direct
provision of law, election or appointment by competent
authority, is charged with maintenance of public order
and the protection and security of life and property
(e.g. barrio vice-lieutenant, barrio councilman & barrio
policeman, and any person who comes to the aid of PA)

Felonies Committed with Direct Assault
Generally, DA is complexed with other crimes resulting
from the assault. Only ONE information is prepared.
exception: slight physical injuries (inherent in direct
assault)

Laying of Hands
Direct Assault Less Serious Physical Injuries
Crime: Direct Assault
with Less Serious PI
Qualifying circumstance to lay hands
upon person in authority
By reason of being PA or
performance of his
function
Not be reason of his being a person in
authority

Page 8 of 41
Not a PA Aggravating circumstance (art. 14(2))
PA Direct Assault

Direct Assault vs. Resistance or Serious Disobedience
Direct Assault Resistance or Serious
Disobedience
PA or A must be engaged in
performance of official duties or
assaulted by reason thereof
PA or A must be in actual
performance of duties
Committed in 4 ways:
Attack,
Force,
Serious intimidation, or
Serious resistance
Committed in 2 ways:
Resisting
Seriously Disobeying
Force employed serious and
deliberate
Force employed not so
serious, as there is no manifest
intention to defy the law
When the one resisted is PA, the
use of any kind or degree of
force will give rise to direct
assault
If no force is employed by the
offender in resisting or
disobeying, the crime
committed is resistance

Public Disorders

1. must not fall under Articles 131 and 132 (only public
officers can commit these crimes)
2. disturbance must be serious, if not serious the crime
is alarms and scandals
3. if criminal intent at the OUTSET is to incite listeners
to rebellion or sedition, it is not public disorders

Alarms and Scandals

Charivari mock serenade where the offender actually
disturbs the peace by using cans, pans, utensils, etc.

Variant Crimes that can Arise from Discharge of
Firearms
Alarms and
Scandals
Discharge of firearm in public place but not
pointed to a particular person
Illegal Discharge of
Firearms
Directed to particular person who was not
hit if intent to kill is not proved
Attempted
Homicide/Murder
If person was hit, automatically, crime is
attempted homicide/murder if with intent
to kill
Physical Injuries Person was hit and injured but no intent to
kill
Threat Weapon not discharged but pointed to
another
Other Light Threat Drawn in a quarrel but not in self-defense
Grave Coercion Threat was immediate, direct and serious
and person is compelled or prevented to do
something against his will

Variant Crimes in Creating Noise/Annoyance
Alarms and Scandals Public in general
Unjust Vexation Directed to a particular
person

Evasion of Service of Sentence

Delivery of
Prisoners from
Jail
(Art. 156)
Evasion of
Service of
Sentence
(Art. 157)
Infidelity in Custody of
Prisoner
(Arts. 223-225)
Offender not
custodian of
prisoner
Offender is custodian
who connived in escape
or was negligent
Detention Prisoner serving Detention Prisoner
prisoner sentence by final
judgment
Prisoner serving
sentence by final
judgment

Mutiny
Revolt of subordinates against superiors. Does not
include riot (prisoners are not subordinates).

Evasion in Article 158
Failure to return. Premium for those who return:

Leaving without returning
within time prescribed
1/5 addition to remaining
sentence but not more than 6 mos.
(1/5 x balance of the sentence to be
served)
Not leaving No deduction
Leaving and returning
within time prescribed
1/5 deduction from sentence
(1/5 x original sentence)

Conditional Pardon

Substantive offense If penalty remitted is 6 years or
less, there is a new penalty
imposed
Not substantive offense If penalty remitted is more than 6
years, as the penalty for violation
is merely to serve the balance

Summary

Delivery of
Prisoners from
Jail
(Art. 156)
Evasion of
Service of
Sentence
(Art. 157)
Infidelity in Custody of
Prisoner
(Arts. 223-225)
(1) By detention
prisoner if he
knew of the plan
to make him
escape
(2) by a convict
whose conviction
is not yet final or
on appeal
(3) by a person
rescuing the
prisoner from jail
who is not the
custodian and
who may be a
civilian or a PO
not the custodian
(1) By prisoner in
confinement by
final judgment
(2) prisoner not in
confinement by
final judgment
(e.g. destierro)
(1) By public officer who
consented or connived
in the escape of convict
or detention prisoner
and is the custodian of
the prisoner
(2) public officer
custodian whose
negligence caused the
evasion
(3) private person to
whom the custody of the
prisoner was confided
who consented,
connived, or was
negligent

Quasi-Recidivism

Special aggravating circumstance that must be alleged in
the complaint

Page 9 of 41

Page 10 of 41
TITLE IV: CRIMES AGAINST PUBLIC INTEREST

1. Forgeries (Forging Seal of Govt, Signature or Stamp
of Chief Executive; Counterfeiting Coins; Forging
Treasury or Bank Notes, Obligations and Securities,
Importing and Uttering False or Forged Notes,
Obligations and Securities; Falsification of
Legislative, Public, Commercial and Private
Documents, and Wireless Telegraph and Telephone
Messages; Falsification of Medical Certificates,
Certificates of Merit and the Like; Manufacturing,
Importing and Possession of Instruments or
Implements Intended for Commission of
Falsification)
2. Other Falsities (Usurpation of Authority, Rank, Title,
and Improper Use of Names, Uniforms and Insignia;
False Testimony)
3. Frauds (Machinations, Monopolies and
Combinations; Frauds in Commerce and Industry)

Crime Elements
161
Forging the
Seal of the
Govt,
Signature or
Stamp of the
Chief
Executive
Acts Punished:
1. Forging the Great Seal of the Government of
the Philippines
2. Forging the signature of the president
3. Forging the stamp of the president
162
Using
Forged
Signature or
Counterfeit
Seal or
Stamp
1. That the Great Seal of RP was counterfeited or
the signature or stamp of Chief Executive was
forged by another person
2. The offender knew of the counterfeiting or
forgery
3. He used counterfeit seal/forged signature or
stamp
163
Making and
Importing
and Uttering
False Coins
1. There be false or counterfeited coins
2. Offender either made, imported or uttered
coins
3. That in case of uttering such false or
counterfeited coins, he connived with
counterfeiters/importers
164
Mutilation
of Coins
Acts Punished:
1. Mutilating coins of legal currency, with intent
to damage or to defraud another
2. Importing or uttering mutilated coins, with
connivance with mutilator/importer in
uttering
165
Selling of
False or
Mutilated
Coins,
Without
Connivance
1. Possession of coin, counterfeited or mutilated
by another person, with intent to utter the
same, knowing that it is false or mutilated
2. Actually uttering such false or mutilated
coins, knowing the same to be false and
mutilated
166
Forging
Treasury or
Bank Notes
or Other
Documents
Payable to
Bearer
Acts Punishable:
1. Forging or falsification of treasury or bank
notes or other documents payable to bearer
2. Importation of such false/forged
obligations/notes
3. Uttering of such false or forged obligations or
notes in connivance with the forgers or
importers
167
Counter-
feiting
Instruments
Not Payable
to Bearer
1. There be an instrument payable to order or
other document of credit not payable to bearer
2. Offender either forged, imported or uttered
such
3. In case of uttering, he connived with forger /
importer
168
Illegal
1. That any instrument payable to bearer, or any
instrument payable to order is forged or
Possession
and use of
False
Treasury or
Bank Notes
and Other
Instruments
of Credit
falsified by another person
2. Knowledge that it is forged or falsified
3. He performs any of these acts:
a. using any such forged or falsified
instruments
b. possessing with intent to use any of such
forged or falsified instruments
170
Falsification
of
Legislative
Documents
1. A bill, resolution, ordinance is enacted or
approved or pending approval in legislative
body
2. Offender alters the same
3. No proper authority
4. Alteration changed the meaning of the
document
171
Falsification
by Public
Officer,
Employee,
or Notary or
Ecclesiastica
l Minister
1. Offender is public officer, employee, notary
public
2. He takes advantage of his official position
3. He falsifies by committing any of the ff acts:
a. Counterfeiting or imitating (feigning)
any handwriting, signature or rubric
i. intent to imitate, or attempt to
imitate
ii. genuine and forged signatures bear
some resemblance to each other
b. Causing it to appear that persons have
participated in any act or proceeding
when they did not in fact so participate
c. Attributing to persons who have
participated in an act or proceeding
statements other than those in fact made
by them
d. Making untruthful statements in a
narration of facts
* legal obligation to disclose the truth of
the facts narrated by him
e. Altering true dates
f. Making any alteration/intercalation in a
genuine document changing its meaning
* change made document speak something
false
g. Issuing in authenticated form a
document purporting to be a copy of any
original document when no such original
exists, or including in such copy a
statement contrary to, or different from
that of genuine original
h. Intercalating any instrument or note
relative to the issuance thereof in a
protocol, registry or official book.
4. If offender is ecclesiastical minister,
falsification is committed on
record/document of such character that
falsification may affect civil status of persons
172
Falsification
by Private
Individuals
and use of
Falsified
Documents
Acts Punished and Their Requisites:
1. Falsification of public, official or commercial
document by a private individual
a. offender is private individual or public
officer or employee who did not take
advantage of his official position
b. any of the acts of falsification in Article
171
c. public or official or commercial
document
2. Falsification of private document by any
person
a. offender committed any of the acts of
falsification, except those in 7, in Article
171
b. committed in any private document
c. damage to 3
rd
party or intent to cause
damage
3. Use of falsified document
a. knowledge of falsification
b. false document is embraced in Article
171 or in any subdivision no. 1 or 2 or
Article 172
Page 11 of 41
c. he introduced document in evidence in
any proceeding (judicial or otherwise)
d. in other proceedings (NOT judicial),
damage to 3
rd
person or intent to cause
damage
173
Falsification
of Wireless,
Cable,
Telegraph
and
Telephone
Messages
Acts Punishable
1. Uttering fictitious wireless, telegraph,
telephone message
a. Offender is officer/employee of govt or
private corporation, engaged sending or
receiving wireless, cable, telephone
message
b. Offender commits any of the following
acts:
i. uttering fictitious message
ii. falsifying message
2. Falsifying wireless, telegraph or telephone
message
* same as above
3. Using such falsified message
a. knowledge of falsification
b. use of such falsified dispatch
c. prejudice to 3
rd
party, or intent to cause
such
174

Falsification of Medical Certificates, Certificates
of Merit or Service
175
Using False
Certificates
1. falsification as in art. 174
2. knowledge
3. use
176
Mnftg and
Possession
of
Implements
for
Falsification
Acts Punished:
1. Making or introducing in RP implements for
counterfeiting or falsification
2. Possessing with intent to use made in or
introduced into RP by another person
177
Usurpation
of Authority
or Official
Functions
Two Ways of Committing the Crime:
1. Usurpation of Authority knowingly and
falsely representing oneself to be officer, agent
or representative of RP govt or any foreign
govt
2. Usurpation of Official Functions performing
any act pertaining to any person in authority
or public officer of RP govt or foreign govt,
under false pretense, and without authority
178
Using
Fictitious
Name and
Concealing
True Name
Using Fictitious Name
1. Offender uses a name other than his real name
2. He uses that fictitious name publicly
3. Purpose: (a) conceal a crime, (b) evade
execution of judgment, or (c) cause damage to
public interest
Concealing True Name
1. Offender conceals true name, other
circumstances
2. Purpose: only to conceal his identity
179
Illegal Use
of Uniforms
or Insignia
1. Offender makes use of insignia, uniform or
dress
2. Such pertains to an office not held by offender
or to a class of persons of which he is not a
member
3. Such is used publicly and improperly
180
False
Testimony
Against a
Defendant
1. Criminal proceeding
2. Offender testifies falsely under oath against
the defendant therein
3. Offender knows that it is false
4. Defendant either acquitted or convicted
181 False Testimony Favorable to Defendant
182
False
Testimony
in Civil
Cases
1. Civil case
2. Testimony must relate to issues presented in
case
3. That the testimony must be false
4. Knowledge of falsity
5. Malicious, with intent to affect issues
presented
183
False
1. Two ways of Committing Perjury
a. By falsely testifying under oath; and
Testimony
in Other
Cases and
Perjury in
Solemn
Affirmation
b. By making a false affidavit
2. Elements of Perjury
a. Accused made a statement under oath or
executed an affidavit upon a material
matter
b. Made before a competent officer,
authorized to receive and administer
oath
c. Accused made a willful and deliberate
assertion of a falsehood; and
d. Sworn statement/affidavit is required by
law
184
Offering
False
Testimony
in Evidence
1. Offer in evidence of false witness or false
testimony
2. Knowledge of falsity
3. Offer was made in a judicial or official
proceeding
185
Machina-
tions,
Monopolies,
and
Combina-
tions
1. Soliciting any gift or promise as a
consideration for refraining from taking part
in any public auction
2. Attempting to cause bidders to stay away
from an auction by threats, gifts, promises or
other artifice
* in both cases, intent to cause the reduction of the
price of the thing auctioned
186
Monopolies
and
Combinatio
ns in
Restraint of
Trade
Acts Punished as Monopolies:
1. Combination to prevent free competition in
the market
2. Monopoly to restrain free competition in the
market
3. Manufacturer, producer, or processor or
importer combining, conspiring or agreeing
with any person to make transactions
prejudicial to lawful commerce or increase
market price of merchandise
187
Importation
and
Disposition
of Falsely
Marked
Articles
1. Offender imports, sells, or disposes of any of
those articles or merchandise
2. Stamps, brands, or marks fail to indicate the
actual fineness or quality of said metals or
alloys
3. Knowledge
188 Repealed by RA 8293 (Intellectual Property Code)
189 Repealed by RA 8293 (Intellectual Property Code)

Forgeries

Counterfeiting Coins
! Counterfeiting imitation of a legal or genuine
coin; imitation of the peculiar design of a genuine
coin

Forgery
! Forgery giving to treasury/bank note or any
instrument payable to bearer or to order the
appearance of a true and genuine document; to
forge an instrument is to make false instrument
intended to be passed for the genuine one
! Forgery is committed only on treasury and bank
notes.

Falsification
Falsification Perjury
Documents may or may not be
under oath
Document must be under oath
(required by law to be under
oath)
Contents may be true but
signature is false
Contents in its material aspect
must be deliberately false

Complex Crime of Estafa through Falsification
Page 12 of 41
! If public or official or commercial document falsified
to commit estafa complex crime
! If private document no complex crime (either
estafa or falsification)
Estafa Falsification
If estafa can be committed
even without resorting to
falsification, and falsification
was resorted to only to
facilitate estafa
If falsification is essential in
the commission of estafa
such that without
falsification, estafa cannot be
committed

Other Falsities

Usurpation of Authority
Article 177 RA 10
False pretense With or without pretense

Using Fictitious Name
CA 142 (Regulating the Use of Aliases)
1. Except as pseudonym (entertainment purposes and athletic
events), no person shall use name other than original or real name
unless recorded in LCR or authorized in court
2. Person desiring to use alias shall apply for judicial authority.
No person allowed to secure judicial authority for more than one
alias.
Requires public use and habituality

Perjury
! Subornation of Perjury act of a person of
procuring a false witness to testify and commit
perjury; witness must first be convicted of perjury
Page 13 of 41
TITLE V: CRIMES RELATIVE TO OPIUM AND OTHER
PROHIBITED DRUGS

Comprehensive Dangerous Drugs Act of 2002 (RA
9165)

Crime Persons Punished/Elements
Importation
4
1. importer/bringer of DD and/or CP and EC,
unless authorized by law, regardless of quantity
and purity
2. financier
3. protector/coddler

Qualifying Circumstance (Maximum Penalty)
* Use of a diplomatic passport/facility or any other
means involving official status intended to facilitate
unlawful entry of the same
Sale,
Trading,
Adminis-
tration,
Dispensatio
n, Delivery,
Distribution
, Transpor-
tation
5
1. any person who shall sell, trade, administer,
dispense, deliver, give away to another,
distribute, dispatch in transit or transport
2. broker
3. financier

Qualifying Circumstances (Maximum Penalty)
1. within 100m from a school
2. use of minors or mentally incapacitated as
runners, courier and messengers, or in any
other capacity directly connected to DD
and/or CP and EC
3. victim is a minor or mentally incapacitated
4. DD/CP and EC proximate cause of death of
victim
Maintenanc
e of Den,
Dive or
Resort
6
1. Maintainer, owner and/or operator
* requires intent to use property for such
purpose
2. financier

Qualifying Circumstances
1. DD administered, delivered or sold to minor
who is allowed to use the same in such place
(maximum penalty)
2. Proximate cause of death (increased penalty)
Employees
and Visitors
of Den, Dive
or Resort
7
1. Employee who is aware of nature of the place
as such
2. Any person who is aware of the nature of the
place as such and knowingly visits the same
Manufacture
of DD
and/or CP
and EC
8

1. Manufacturer, unless authorized by law
2. Financier
3. Protector/coddler

* Prima Facie Proof of Manufacture: presence of
any CP and EC or lab equipment in clandestine
laboratory

Aggravating Circumstances
1. conducted in presence or with help of
minor(s)
2. within 100m of residential, business, church,
or school premises
3. clandestine lab secured or protected with
booby traps
4. clandestine lab concealed with legit business
operations
5. employment of practitioner, chemical
engineer, public official or foreigner
9 Illegal Chemical Diversion of CP and EC
Illegal diverter (any person), unless authorized by
law
Manufacture
or Delivery
of
Equipment,
Instrument,
Apparatus,
and other
Paraphernali
a for DD
and/or CP
and EC
10
Any person who shall deliver, possess with intent
to deliver, or manufacture with intent to deliver
equipment, instrument, apparatus and other
paraphernalia for DD, knowing, or under
circumstances where one reasonably should know
that it will be used
1. to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack,
store, contain or conceal any DD and/or CP
and EC
2. to inject, ingest, inhale or otherwise introduce
into the human body (lower penalty)

Qualifying Circumstance
* use of minor or mentally incapacitated to deliver
Possession
of DD
11
Any person, unless authorized by law, who shall
possess DD in the required quantities, regardless of
degree of purity

Qualifying circumstance: 13
Possession
of
Equipment,
Instrument,
Apparatus
and other
Parapher-
nalia for DD
12
possess or have under control any equipment, etc.
fit or intended for smoking, consuming,
administering, injecting, ingesting or introducing
any DD into the body

Prima Facie Evidence of Use possession

Qualifying circumstance: 14
13 Possession of DD during Parties, Social
Gatherings, or Meetings
Any person found possessing any DD, regardless
of quantity and purity
1. during a party, social gathering or meeting, or
2. in the proximate company of at least two
persons
14 Possession of E, I, A and other P for DD during P,
SG or M
Use of DD
15
A person apprehended and arrested, found
positive for use of DD, after confirmatory test
1. 1
st
offense subject to 6 mos. Rehabilitation
2. 2
nd
6 years 1 day to 12 years and P50K to P200K

Not applicable: if 11 (possession) is applicable
16 Cultivation or Culture of Plants Classified as DD
or are Sources Thereof
1. Any person who shall plant, cultivate, or
culture
2. financer

Qualifying circumstance: land part of public
domain
17 Maintenance and Keeping of Original Records of
Transactions on DD and/or CP and EC
Practitioner, manufacturer, wholesaler, importer,
distributor, dealer or retailer who violates or fails
to comply with maintenance/keeping
18 Unnecessary Prescription of DD
Practitioner
Unlawful
Prescription
of DD
19
make or issue a prescription or other writing
purporting to be a prescription for any dangerous
drug
Attempt or
Conspiracy
26
1. importation
2. sale, trading, administration, dispensation,
delivery, distribution, transportation
3. maintenance of den, dive, resort where used
4. manufacture
5. cultivation/culture of plant sources
Page 14 of 41
Criminal
Liability of
Public
Officer or
Employee
27
1. Misappropriation, misapplication or failure to
account for confiscated, seized and/or
surrendered DD, plant sources of DD, CP and
EC, Instruments, Paraphernalia and/or Lab
Equipment including proceeds or properties
obtained form unlawful act committed
2. elective local or national official who benefited
from proceeds of trafficking or received any
financial or material contributions or
donations
Planting
Evidence
28
Any person planting DD, regardless of quantity
and purity (punishable by DEATH)
32 Violation of any Regulation issued by Board
37 Issuance of False or Fraudulent Drug Test Results
Person authorized, licensed or accredited who
issues knowingly or willfully or thru gross
negligence
Significant Changes
1. Penalties
a. Penalties under SPL revived (e.g. life
imprisonment) and the nomenclature of RPC
were deleted from law
Except: MINOR OFFENDERS imposable
penalty will become RP to Death, provided:
(1) offender is a minor, and
(2) violation is punished with LI to Death
* treated as crime punishable under RPC in
ISL
b. Penalty is no longer based on quantity involved
Except in case of POSSESSION
c. Use of dangerous drugs now has a graduated
penalty
d. Accessory penalties; Such rights are also
suspended during pendency of appeal from
conviction
2. Classification of Drugs now Dangerous Drugs
and Controlled Precursors and Essential
Chemicals
3. New Offenders
a. Financier any person who pays for, raises or
supplies money for, or underwrites any of the
illegal activities prescribed under the Act
b. Protector/Coddler any person who knowingly
and willfully consents to unlawful acts and uses
his influence, power or position in shielding,
harboring, screening or facilitating the escape of
any person he knows or has reasonable grounds
to believe or suspects, has violated CDDA in
order to prevent arrest, prosecution and
conviction of violator
4. New Offenses
a. Illegal chemical diversion of controlled
precursors and essential chemicals
b. Failure to maintain and keep original records or
transactions on DD and/or CP and EP
c. Attempt or conspiracy to commit any of the ff:
1) importation
2) sale, trading, administration,
dispensation, delivery, distribution,
transportation
3) maintenance of den, dive, resort where
used
4) manufacture
5) cultivation/culture of plant sources
d. Misappropriation, misapplication or failure by a
public officer/employee to account etc.
e. Planting
f. Violation of any regulation issued by DD Board
g. Issuance of false/fraudulent drug test results
h. Violation of confidentiality of records
i. Refusal of members of law enforcement agencies
or any govt official/employee to testify as
prosecution witness in DD cases
j. Delay and Bungling in Prosecution of drug cases
5. Qualifying/Aggravating Circumstances
a. crime committed under influence of drugs
qualifying circumstance and rules under RPC
apply
b. Possession of DD during parties, social
gatherings or meetings aggravating in 11
c. Possession of equipment, etc. during parties,
social gatherings or meetings aggravating in
12

Nature of Violations
! Malum prohibitum
Definitions
! Drug Dependence state of psychic or physical
dependence or both, on a DD, arising in a person
following administration or use of that drug on a
periodic or continuous basis
! Use refers to act of injecting, intravenously or
intramuscularly, or of consuming, either by
chewing, smoking, sniffing, eating, swallowing,
drinking, or otherwise introducing into the
physiological system of the body, any of the
dangerous drugs
* a drug dependent is not criminally liable for
violation of 15 (Use); this does not apply to a
person who occasionally uses the drug, as it is
not the same as drug dependence
! Delivery persons act of knowingly passing a
dangerous drug to another personally or otherwise,
and by any means, with or without consideration
(necessarily involves knowledge otherwise not
liable)
! Screening Test rapid test performed to establish
potential/presumptive positive result
! Confirmatory Test analytical test using a device,
tool, or equipment with a different chemical or
physical principal that is more specific which will
validate and confirm result of the screening text
! Drug Syndicate organized group of 2 or more
persons forming or joining together with intention
of committing any offense proscribed under this act
! Planting of Evidence will act of maliciously and
surreptitiously inserting, placing or adding or
attaching directly or indirectly, thru any over or
covert act, whatever quantity of any DD and/or CP
and EC in person, house, effects or in the immediate
vicinity of an innocent individual for the purpose of
implicating, incriminating or imputing the
commission of any violation of this act

Prohibited Quantities
Page 15 of 41
Drug Quantity
Opium 10 grams or
more
LI to Death and P500K to P10M
Morphine 10 grams or
more
Heroin 10 grams or
more
Cocaine 10 grams or
more
Shabu 50 grams or
more
Marijuana
Resin or
Resin Oil
10 grams or
more
Marijuana 500 grams or
more
Other DD 10 grams or
more

Shabu 10 grams or
more but less
than 50 grams
LI and P400K to P500K
Marijuana 300 grams or
more but less
than 500 grams
20 years 1 day to LI and P400K to
P500K
Other DD 5 grams or more
but less than 10
grams
20 years 1 day to LI and P400K to
P500K
Marijuana Less than 300
grams
12 years 1 day to 20 years and
P300K to P400K
Other DD Less than 5
grams
12 years 1 day to 20 years and
P300K to P400K

Certain Provisions
! plea-bargaining not allowed (23)
! probation law not allowed for drug trafficking or
pushing, regardless of penalty imposed by court
(24)
! positive finding for the use of DD shall be a
qualifying aggravating circumstance and the
application of the penalty provided for in RPC shall
be applicable (25)
! attempt or conspiracy in certain acts are punishable
(26)
! if committed by government officials and
employees: qualifying circumstance in all unlawful
acts (28)
! if committed by partnership, corporation,
association or other juridical entity: partner,
president, director, manager, trustee, estate
administrator or officer who consents to or
knowingly tolerates violation (co-principal) (30) or
use of vehicle, etc, as instrument in importation, etc.
(30)
! if committed by alien: deported immediately unless
penalty is death (31)
! immunity from prosecution/punishment any
person who has violated 7, 11, 12, 14, 15, 19 who
voluntarily gives information about any violation of
4, 5, 6, 8, 10, 13 and 16 as well as any violation of
offenses mentioned if committed by drug syndicate,
or any information of whereabouts, identities and
arrest of such members; and who willingly testifies
(33)
! accessory penalties (35)

Drug Rehabilitation

Voluntary Submission
! drug dependent who violated 15 may, by
himself/herself or thru his/her parent, spouse,
guardian or relative within 4
th
degree of
consanguinity or affinity apply to Board for
treatment and rehabilitation
! not less than 6 mos. But not exceeding 1 year
! if rehabilitated and exempt: see requirements below
! if rehabilitated but not exempted from liability:
charged under CDDA but placed on probation and
undergo community service in lieu of imprisonment
and/or fine
! if not rehabilitated after 2
nd
commitment: charged
with violation of 15; if convicted, entitled to credit
of period of confinement in rehabilitation

Exemption from Criminal Liability under Voluntary
Submission
1. complied with rules and regulations of center,
applicable rules and regulations of board
2. never been charged or convicted under CDDA,
DDA of 1972, RPC or any SPL
3. no record of escape from center, unless he did
escape but surrendered within 1 week
4. poses no serious danger to self, family, community

Compulsory Confinement
! drug dependent, upon petition by Board or any
person authorized by board, shall be confined for
rehabilitation
! suspension of proceedings and transmittal of record
to Board: if drug dependent and offense charged is
less than 6 years and 1 day
! if rehabilitated: returned to court and prosecution
shall be instituted or shall continue; in case of
conviction: full credit of period in rehabilitation if he
was in good behavior
! if rehabilitation and offense is under 15 and
accused not a recidivist: penalty deemed served in
rehabilitation upon release therefrom

Prescription
! prescription of offense does not run while under
rehabilitation

Actions Taken Upon Minor Drug Violator
1. suspended sentence first timer
2. probation or community service first timer
3. service of sentence as any other convicted person if
violation of conditions of suspended sentence or
rules and regulations

Suspension of Sentence of First Time Minor Offender
! over 15 at the time of commission but not more than
18 at the time when judgment should have been
promulgated
! conditions:
1) not previously convicted under CDDA, DDA,
RPC, SPL
2) not been previously committed to rehabilitation
Page 16 of 41
3) Board favorably recommends suspension of
sentence
4) may be availed of only once
! under 15 PD 603

Limited Applicability of RPC
GR: RPC not applicable
Except: minor offenders penalty imposable is RP to
death if penalty prescribed is LI to death

Page 17 of 41
TITLE VI: CRIMES AGAINST PUBLIC MORALS

1. Gambling and Betting
2. Grave Scandal
3. Immoral Doctrines and Indecent Shows
4. Vagrants and Prostitutes

Crime Elements
200
Grave
Scandal
1. Offender performs an act(s)
2. Auch act(s) be highly scandalous as offending
against decency or good customs
3. The highly scandalous conduct is not
expressly falling within any other article of
this Code
4. Act or acts complained of be committed in a
public place or within the public knowledge
or view
201
Immoral
Doctrines,
Obscene
Publications
and
Exhibitions,
and
Indecent
Shows
Publicity is essential

Those Liable:
1. Those who shall publicly expound or
proclaim doctrines openly contrary to public
morals
2. Authors of obscene literature, published with
their knowledge in any form, the editors
publishing such literature; and the
owners/operators of the establishment selling
the same
3. Thos who, in theaters, fairs, cinematographs,
etc., exhibit indecent or immoral plays, scenes,
acts, etc. it being understood that the obscene
literature or indecent or immoral lays, etc.
whether in live or in file, which are proscribed
by virtue hereof
4. Those who shall sell, give away, or exhibit
films, prints, engravings, sculptors, etc. which
are offensive to morals
202
Vagrants
and
Prostitutes
Vagrants:
1. Any person having no apparent means of
subsistence, who has physical ability to work
and who neglects to apply himself to some
lawful calling
2. Any person found loitering about public or
semi-public buildings or places, or tramping
or wandering about the country or the streets
without visible means of support
3. Any idle or dissolute person who lodges in
houses of ill-fame; ruffians or pimps and those
who habitually associate with prostitutes
4. Any person who, not being included in the
provision of other articles of this Code, shall
be found loitering in any inhabited or
uninhabited place belonging to another
without any lawful or justifiable purpose
5. Prostitute a woman who, for money or
profit, habitually indulge in sexual intercourse
or lascivious conduct

Grave Scandal
! consists of acts which are offensive to decency and
good customs which, having been committed
publicly, have given rise to public scandal to persons
who have accidentally witnessed the same
! must be directed against sense of decency, not
property
! committed in public place or in public view

Immoral Doctrines

Moral conformity with the generally accepted
standards of goodness or rightness in conduct or
character

Obscene something offensive to chastity, decency,
delicacy

RA 3060 Article 201
Public exhibition of motion
picture not previously passed
by Board of Censors
Public showing of indecent or
immoral plays, scenes, acts, or
shows, not just motion pictures
Malum prohibitum Malum in se

Vagrancy

Variant Crimes in Loitering
Vagrancy If estate is not enclosed or fenced, because
privacy is not maintained in such case
Trespass to
Property
Estate or premises is uninhabited and there is
manifest prohibition of the owner or overseer
against entry
Theft
(Attempted,
Frustrated or
Consummated)
Person enters fenced or enclosed estate without
consent of owner or overseer to hunt, fish or
gather plant products

Page 18 of 41
TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS

1. Malfeasance and Misfeasance
2. Bribery
3. Frauds and Illegal Exactions and Transactions
4. Malversation of Public Funds and Property
5. infidelity in the Custody of Prisoners
6. Infidelity in the Custody of Documents
7. Revelation of Secrets
8. Other offenses or Irregularities by public officers

Crime Elements
204
Knowingly
Rendering
Unjust
Judgment
1. Offender is a judge;
2. Renders a judgment
3. Judgment is unjust
4. Judge knows that his judgment is unjust
205
Rendering
Judgment
Thru
Negligence
1. Offender is a judge;
2. Renders a judgment
3. Judgment is manifestly unjust
4. Due to his inexcusable negligence or
ignorance
206
Rendering
Unjust
Interlocutor
y Order
1. That the offender is a judge;
2. That he performs any of the following acts:
a. knowingly renders unjust interlocutory
order or decree; or
b. renders manifestly unjust interlocutory
order or decree thru inexcusable
negligence or ignorance
207
Malicious
Delay in the
Admin of
Justice
1. That the offender is a judge
2. That there is a proceeding in his court
3. That he delays the administration of justice
4. That the delay is malicious
208
Dereliction
of Duty in
Prosecution
of Offenses
Acts Punishable:
1. Maliciously refraining from institution
prosecution against violators of the law
2. Maliciously tolerating the commission of
offenses

Elements:
1. Offender is a public officer who has a duty to
cause the prosecution of, or to prosecute,
offenses
2. Dereliction of duties knowing the
commission of the crime, he does not cause
the prosecution of the criminal or knowing
that a crime is about to be committed, he
tolerates its commission
209
Betrayal of
Trust by an
Attorney or
Solicitor
Acts Punished:
1. By causing damage to his client, either (a) by
any malicious breach of professional duty, (b)
by inexcusable negligence or ignorance
2. By revealing any of the secrets of his client
learned by him in his professional capacity
3. By undertaking the defense of the opposing
party in the same case, without the consent of
his first client, after having undertaken the
defense of said first client or after having
received confidential information from said
client
210
Direct
Bribery
Acts Punishable in Direct Bribery:
1. By agreeing to perform, or by performing, in
consideration of any offer, promise, gift or
present and act constituting a crime, in
connection with the performance of his official
duties
2. By accepting a gift in consideration of the
execution of an act which does not constitute a
crime, in connection with the performance of
his official duty
3. By agreeing to refrain, or by refraining, from
doing something which is his official duty to
do, in consideration of gift or promise

Elements:
1. Offender is a public officer
2. Offender accepts an offer or a promise or
receives a gift or present by himself or thru
another
3. Such offer or promise be accepted, or gift or
present received by the public officer:
a. with a view to committing some crime;
or
b. in consideration of the execution of an act
which does not constitute a crime, but
the act must be unjust
c. to refrain from doing something which it
is his official duty to do
4. Crime or act which the offender agrees to
perform or which he executes be connected
with the performance of his official duties
211
Indirect
Bribery
2. He accepts gifts
3. Gifts are offered to him by reason of his office
211-A
Qualified
Bribery
1. Public officer entrusted with law enforcement
2. Offender refrains from arresting or
prosecuting an offender who has committed a
crime punishable by RP and/or death
3. Offender refrains in consideration of any
promise, gift or present
212
Corruption
of Public
Officials
1. Offender offers or promises or gives gifts or
presents to a public officer
2. Such are made under circumstances that will
make public officer liable for direct or indirect
bribery
213
Frauds
Against the
Public
Treasury
and Similar
Offenses
Acts Punishable:
1. Frauds against public treasury
2. Demanding an amount different from what
the law authorizes to be collected
3. Voluntary failure to issue receipt
4. Collection of the nature of payment different
from that required

Elements of Frauds against Public Treasury:
1. Offender be public officer
2. Taken advantage of his office, that is, he
intervened in the transaction in his official
capacity
3. Entered into said agreement
4. Accused had intent to defraud the
government

Elements of Illegal Exaction:
1. The offender is a public officer entrusted with
the collection of taxes, licenses, fees and other
imposts
2. He is guilty of acts 2, 3 and 4 (above in Acts
Punishable as Frauds Against Public
Treasury)
214
Other
Frauds
Elements of the Crime:
2. He takes advantage of his official position
3. Commits any of the frauds or deceits (arts.
315-318)
215
Prohibited
Transactions
1. Appointive public officer
2. He becomes interested, directly or indirectly,
in any transaction of exchange or speculation
3. Within the territory subject to his jurisdiction
4. During his incumbency
216
Possession
of
Prohibited
Interest by a
Public
Officer
People Liable for Possession of Prohibited
Interest:
1. Public officer who, directly or indirectly,
became interested in any contract or business
in which it was his official duty to intervene.
2. Experts, arbitrators, and private accountants
who, in like manner, took part in any contract
or transaction connected with the estate or
property in the appraisal, distribution or
adjudication of which they had acted
Page 19 of 41
3. Guardians and executors with respect to the
property belonging to their wards or estate
217
Malversatio
n of Public
Funds or
Property
Acts Punishable in Malversation:
1. By appropriating public funds or property
2. By taking or misappropriating the same
3. By consenting, or thru abandonment or
negligence, permitting another to take funds
or property
4. By being otherwise guilty of the
misappropriation or malversation of such
funds or property

Elements Common to All Acts of Malversation:
1. Offender be a public officer
2. Custody or control of funds or property by
reason of the duties of his office
3. Accountable public funds/property
4. Appropriated, took, misappropriated or
consented or, thru abandonment or
negligence, permitted another person to take
them
218
Failure of
Accountable
Officer to
Render
Accounts
1. Offender is a public officer, whether in the
service or separated therefrom
2. Accountable officer for public funds or
property
3. Required by law or regulation to render
accounts to the COA, or to a provincial
auditor
4. Failure to do so for a period of 2 months after
such accounts should be rendered
219
Failure to
Render
Accounts
before
Leaving the
Country
2. Accountable officer for public funds or
property
3. Unlawfully left (or be on the point of leaving)
RP without securing from COA a certificate
showing that his accounts have been finally
settled
220
Illegal Use
of Public
Funds or
Property
2. Public fund or property under his
administration
3. Such has been appropriated by law or
ordinance
4. He applies the same to a public use other than
that for which such has been appropriated
221
Failure to
Make
Delivery of
Public
Funds or
Property
Acts Punishable:
1. By failing to make payment by public officer
who is under obligation to make such
payment from Government funds in his
possession
2. By refusing to make delivery by a public
officer who had been ordered by competent
authority to deliver any property in his
custody or under his administration

Elements of Failure to Make Payment:
1. Public officer has govt funds in his possession
2. Under obligation to make payment from
funds
3. He fails to make the payment maliciously
222
Officers
Included in
the
Preceding
Provisions
Private Individuals who may be Liable (arts. 217-
221):
1. Private individuals who, in any capacity
whatever, have charge of any national,
provincial or municipal funds, revenue, or
property
2. Administrator or depository of funds or
property, attached, seized or deposited by
public authority, even if such property
belongs to private individual
223
Conniving
with or
Consenting
to Evasion
2. He had in his custody or charge, a prisoner,
either detention prisoner or prisoner by final
judgment
3. Such prisoner escaped from his custody
4. In connivance with prisoner in the latters
escape

Classes of Prisoners Involved:
1. Sentenced by final judgment
2. Detention prisoner
224
Evasion
Through
Negligence
2. Charged with conveyance or custody of a
prisoner (detention prisoner or prisoner by
final judgment)
3. Such prisoner escapes thru his negligence

Liability of Escaping Prisoner:
1. Convict by reason of final judgment Article
157
2. Detention Prisoner no liability
225
Escape of
Prisoner
under the
Custody of a
Person not a
Public
Officer
1. Offender is a private person
2. Conveyance or custody of prisoner or person
under arrest is confided to him
3. Prisoner or person under arrest escapes
4. Offender consents to escape, or that the escape
takes place thru his negligence
226
Removal,
Conceal-
ment or
Destruction
of
Documents
1. Offender be a public officer
2. He abstracts, destroys, conceals documents,
papers
3. Said documents/papers entrusted to such
public officer by means of his office
4. Damage, whether serious or not, to a third
party or to the public interest should have
been caused
227
Officer
Breaking
Seal
2. Charged with the custody of papers or
property
3. Papers or property are sealed by proper
authority
4. Breaks the seals or permits them to be broken
228
Opening of
Closed
Documents
1. That offender is a public officer
2. That any closed papers, documents, or objects
are entrusted to his custody
3. That he opens or permits to be opened said
closed papers, documents or objects
4. That he does not have proper authority
229
Revelation
of Secrets by
an Officer
Elements of No. 1:
1. That the offender is a public officer
2. He knows a secret by reason of his official
capacity
3. Revelation without authority or justifiable
reasons
4. Damage be caused to public interest
Elements of No. 2:
1. Offender is public officer who has charge of
papers
2. Papers should not be published
3. Delivers papers or copies thereof to a 3
rd

person
4. Delivery is wrongful
5. Damage be caused to public interest
230
Public
Officer
Revealing
Secrets of
Private
Individual
2. He knows of the secrets of a private individual
by reason of his office
3. He reveals secrets without authority or
justifiable reason
231
Open
Disobe-
dience
1. That the offender is a judicial or executive
officer
2. That there is a judgment, decision or order of a
superior authority
3. That such judgment, decision or order was
made within the scope of the jurisdiction of
the superior authority and issued with all
legal formalities
4. That the offender without any legal
justification openly refuses to execute the said
judgment, decision or order, which he is duty
bound to obey
Page 20 of 41
232
Disobedienc
e to Order of
Superior
Officer,
When Said
Order was
Suspended
by Inferior
Officer
2. Order is issued by his superior for execution
3. He has for any reason suspended the
execution of such order
4. His superior disapproves the suspension
5. Offender disobeys his superior despite the
disapproval of the suspension
233
Refusal of
Assistance
1. That the offender is a public officer
2. That a competent authority demands from the
offender that he land his cooperation towards
the administration of justice or other public
service
3. That the offender fails to do so maliciously
234
Refusal to
Discharge
Elective
Office
1. Offender is elected by popular election
2. Refuses to be sworn in or to discharge duties
3. No legal motive for such refusal to be sworn
in or to discharge the duties of said office
235
Maltreat-
ment of
Prisoners
2. Has under his charge prisoner / detention
prisoner
3. Maltreats such prisoner in either of the ff
manners:
a. overdoing correction or handling either
i. imposition of punishments not
authorized by the regulations, or
ii. inflicting authorized punishments
in a cruel and humiliating manner
b. Maltreating prisoner to extort a
confession or to obtain some information
from the prisoner
236
Anticipation
of Duties of
Public
Office
1. Offender is entitled to hold a public office or
employment, either by election or
appointment
2. LAW requires that he should first be sworn in
and/or should first give a bond
3. Assumes performance of duties and powers
4. He has not taken oath and/or given bond
required
237
Prolonging
Performance
of Duties
and Powers
1. Offender is holding a public office
2. Period provided by law, regulations or special
provisions for holding such office, has expired
3. Continues to exercise duties and powers
238
Abandon-
ment of
Office or
Position
2. Formally resigns from his position
3. Resignation has not yet been accepted
4. Abandons his office to detriment of public
service

Qualifying Circumstance: if done in order to
evade discharge of duties of preventing,
prosecuting or punishing any of the crimes falling
within Title One, and Chapter One of Title 3 of
Book 2 (Crimes against National Security and Law
of Nations and Crimes against Public Order)
239
Usurpation
of
Legislative
Powers
1. That the offender is a executive or judicial
officer
2. That he makes general rules or regulations
beyond the scope of his authority, or attempts
to repeal a law, or suspends the execution
thereof
240
Usurpation
of Executive
Functions
1. That the offender is a judge
2. That he assumes a power pertaining to the
executive authorities, or obstructs the
executive authorities in the lawful exercise of
their powers
241
Usurpation
of Judicial
Functions
1. That the offender is an officer of the executive
branch of the government
2. That he assumes judicial powers, or obstructs
the execution of any order or decision
rendered by any judge within his jurisdiction
242
Disobeying
Request for
Disqualifica
tion
2. Proceeding is pending before public officer
3. Question is brought before the proper
authority regarding his jurisdiction, which is
not yet decided
4. Lawfully required to refrain from continuing
243
Orders or
Requests by
Executive
Officer to
any Judicial
Authority
1. That the offender is an executive officer
2. That he addressed any order or suggestion to
any judicial authority
3. That the order or suggestion relates to any
case or business coming within the exclusive
jurisdiction of the courts of justice

244
Unlawful
Appoint-
ments
2. He nominates or appoints a person to public
office
3. Person lacks the legal qualifications therefore
4. Offender knows that his nominee or appointee
lacks the qualifications at the time he made the
nomination or appointment
245
Abuses
Against
Chastity
2. Solicits or makes immoral or indecent
advances to a woman
3. That such woman must be:
a. Interested in matters pending before the
offender for decision, or with respect to
which he is required to submit a report to
or consult with a superior officer; or
b. Under the custody of the offender who is
a warden or other public officer directly
charged with the care and custody of
prisoners or persons under arrest; or
c. The wife, daughter, sister or relative
within the same degree by affinity of the
person in the custody of the offender

Public Officers
1. Taking part in the performance of public functions
in the Government, or performing in said
Government or in any of its branches public duties
as an employee, agent or subordinate official, of any
rank or class; and
2. That his authority to take part in the performance of
public functions or to perform public duties must be:
b. by direct provision of the law, or
c. by popular election
d. by appointment by competent authority

Malfeasance and Misfeasance
! Misfeasance improper performance of some act
which might lawfully be done
! Malfeasance performance of an act which ought
NOT to be done
! Nonfeasance omission of some act which ought to
be performed

Bribery

Prevaricacion (Art. 208) Distinguished from Bribery:
1. Both are committed by refraining doing something
which pertains to the official duty of the officer
2. In bribery, the offender refrained from doing his
official duty in consideration of a gift received or
Page 21 of 41
promised; while in crime of prevaricacion this
element is NOT necessary

Direct Bribery Distinguished from Indirect Bribery
Direct Bribery Indirect Bribery
agreement no agreement
offender agrees to perform or
performs an act or refrains from
doing something, because of the
gift or promise
it is NOT necessary that the
officer should do any particular
act or even promise to do any
act, as it is enough that he
accepts gifts offered
Mere agreement consummates Acceptance consummates crime

Crimes Committed when Act Constitutes a Crime and
was Accomplished
! direct bribery, in addition to crime brought about by
act
! There can be attempted corruption if public officer
refused to be corrupted

Qualified Bribery
! Penalty must be RP or death or RP to death; if not,
crime is dereliction of duties

Frauds and Illegal Exactions and Transactions

Illegal Exaction
! If illegal amount is receipted: additional offense of
malversation
! Not applicable to BIR and customs officers

Malversation of Public Funds or Property

To be guilty, public officer must have:
1. Official custody of public funds or property or the
duty to collect or receive funds due the government,
and
2. Obligation to account for them to the government
* accountable officer otherwise, crime is estafa

Presumption of Malversation
Rule: when demand is made to account for funds and
the same is not forthcoming
Provided: no issue as to accuracy, correctness and
regularity of audit findings and the fact that funds are
missing is indubitably established

Infidelity of Public Officers

Revelation Distinguished from Infidelity:
1. Papers contain Secrets revelation
2. Papers do not contain Secrets Infidelity

Infidelity in Custody of Document distinguished from
Malversation and Falsification
! Malversation and Falsification when postmaster
received money orders, signed as payee, collected
and appropriated the respective amounts
! Infidelity in Custody of Papers when postmaster
receives letters/envelopes containing money orders,
and MO are not sent to addressees, the postmaster
cashing the same for his own benefit

Page 22 of 41
TITLE VIII: CRIMES AGAINST PERSONS

1. Parricide
2. Murder
3. Homicide
4. Death Caused in a Tumultous Affray
5. Physical Injuries Inflicted in a Tumultous Affray
6. Giving Assistance to Suicide
7. Discharge of Firearms
8. Infanticide
9. Intentional Abortion
10. Unintentional Abortion
11. Abortion practiced by Woman Herself or her
Parents
12. Abortion Practiced by Physician or Midwife and
Dispensing of Abortives
13. Duel
14. Challenging to a Duel
15. Mutilation
16. Serious Physical Injuries
17. Administering Injurious Substances or Beverages
18. Less Serious Physical Injuries
19. Slight Physical Injuries and Maltreatment
20. Rape

Crime Elements
246
Parricide
1. That a person is killed
2. That the deceased is killed by the accused
3. That the deceased is the father, mother, or
child, whether legitimate or illegitimate, or a
legitimate other ascendant or other
descendent, or the legitimate spouse, of the
accused
247
Death or
Physical
Injuries
Inflicted
Under
Exceptional
Circum-
stances
1. That a legally married person or a parent
surprises his spouse or his daughter, the latter
under 18 years of age and living with him, in
the act of committing sexual intercourse with
another person
2. That he or she kills any or both, of them or
inflicts upon any or both of them any serious
physical injury in the act or immediately
thereafter
3. That he has not promoted/facilitated
prostitution of his wife or daughter, or that he
or she had not consented to the infidelity of
the other spouse

Parricide is not punished with RP to Death:
1. Parricide committed thru negligence (Article
365)
2. Committed by mistake (Article 249)
3. Committed under exceptional circumstances
248
Murder
1. That a person was killed
2. That the accused killed him
3. That the killing was attended by any of the
qualifying circumstances mentioned in Article
248
4. The killing is not parricide or infanticide

Murder unlawful killing of any person which is
NOT parricide or infanticide, provided ff
circumstances are present:
1. Treachery, taking advantage of superior
strength, Aid of armed men, or Means to
weaken defense, or means/persons to
insure/afford impunity
2. In consideration of a price, reward or promise
3. Inundation, fire, poison, explosion, shipwreck,
stranding of vessel, derailment or assault
upon a railroad, fall of airship, motor vehicles,
or any other means involving great waste and
ruin
4. On occasion of any of the calamities
enumerated in the preceding paragraph, or
earthquake, volcanic eruption, destructive
cyclone, great waste and ruin
5. Evident premeditation
6. Cruelty or outraging/scoffing at person or
corpse
249
Homicide
1. That a person is killed
2. Killing without justifying circumstances
3. Accused had intention to kill, which is
presumed
4. Killing was not attended by any of the
qualifying circumstances of murder, or by that
of parricide or infanticide
251
Death
Caused in
Tumultuous
Affray
1. That there be several persons
2. Do not compose groups organized for
assaulting and attacking each other
reciprocally
3. Several persons quarreled and assaulted one
another in a confused and tumultuous manner
4. That someone was killed in the course of the
affray
5. Unascertained who actually killed deceased
6. Person(s) who inflicted serious physical
injuries or who used violence can be identified
252
Physical
Injuries
Caused in
Tumultuous
Affray
1. Tumultuous affray
2. Participant(s) suffer serious physical injuries
or physical injuries of a less serious nature
only
3. Person responsible therefore cannot be
identified
4. That all those who appear to have used
violence upon the person of the offended
party are known
253
Giving
Assistance
to Suicide
Acts Punishable as Giving Assistance to Suicide:
1. By assisting another to commit suicide,
whether the suicide is consummated or not
2. By lending his assistance to another to commit
suicide to the extend of doing the killing
himself
254
Discharge of
Firearms
1. Offender discharges a firearm against or at
another person
2. Offender has no intention to kill that person
255
Infanticide
1. Child was killed
2. Child was less than 3 days (72 hours) of age
3. Accused killed the said child
256
Intentional
Abortion
Ways of Committing Intentional Abortion:
1. Using any violence upon pregnant woman
2. Acting without violence, without the consent
of the woman (by administering drugs or
beverages upon such pregnant woman
without her consent)
3. Acting (by administering drugs or beverages),
with the consent of the pregnant woman

Elements:
1. That there is a pregnant woman
2. That violence is exerted, or drugs or beverages
administered, or that the accused otherwise
acts upon such pregnant woman
3. That as a result, the fetus dies, either in the
womb or after having been expelled therefrom
4. That the abortion is intended
257
Uninten-
tional
Abortion
1. That there is a pregnant woman
2. That violence is used upon such pregnant
woman without intending an abortion
3. That the violence is intentionally exerted
4. That as a result, the fetus dies, either in the
womb or after having been expelled therefrom
258
Abortion
Practiced by
the Woman
Herself or
by her
1. Pregnant woman who has suffered an
abortion
3. That the abortion is caused by:
a. the pregnant woman herself
b. any other person, with her consent
Page 23 of 41
Parents c. any of her parents, with her consent, for
the purpose of concealing her dishonor
259
Abortion
Practiced by
a Physician
or Midwife
and
Dispensing
of Abortives
Elements for Physician or Midwife
1. Pregnant woman who has suffered an
abortion
3. That the offender, who must be a physician or
midwife, causes, or assists in causing, the
abortion
4. That said physician or midwife takes
advantage of his or her scientific knowledge
or skill

Elements for Pharmacists:
1. That the offender is a pharmacist
2. No proper prescription from a physician
3. That the offender dispenses any abortive
260
Duel
Acts Punishable in Duel:
1. By killing ones adversary in duel
2. By inflicting upon such adversary physical
injuries
3. By making a combat although no physical
injuries have been inflicted
261
Challenging
to Duel
Acts Punished under this Article:
1. Challenging another to a duel
2. Inciting another to give or accept challenge to
duel
3. By scoffing at or decrying another publicly for
having refused to accept a challenge to fight a
duel
262
Mutilation
1. Intentionally mutilating another by depriving
him, either totally or partially, of some
essential organ for reproduction
a. Castration (mutilation of organs
necessary for generation such as a penis
or ovarium)
b. Mutilation caused purposely or
deliberately, that is, to deprive the
offended party of some essential organ
for reproduction

2. Intentionally making other mutilation (by
lopping or clipping off any part of the body of
the offended party, other than essential organ
for reproduction) to deprive him of that part
of his body.
263
Serious
Physical
Injuries
Serious Physical Injuries:
1. When the injured person becomes insane,
imbecile, impotent or blind in consequence of
the physical injuries inflicted.
2. When the injured person (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
we were 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.
4. When the injured person 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.
264
Adminis-
tering
Injurious
Substances
or Beverages
1. That the offender inflicted upon another any
serious physical injury
2. That it was done by knowingly administering
to him any injurious substance or beverages or
by taking advantage of his weakness of mine
or credulity
3. That he had no intent to kill
265
Less Serious
Physical
Injuries
1. Other than less serious physical injuries and
2. Incapacitated for labor for 10 days or more, or
shall require medical attendance for the same
period

Qualified Less Serious Physical Injuries
1. Paragraph 2:
a. manifest intent to insult or offend victim
b. circumstances adding ignominy to
offense
2. Paragraph 3:
a. the offenders parents, ascendants,
guardians, curators or teachers
b. persons of rank or persons in authority,
provided the crime is not direct assault
266
Slight
Physical
Injuries and
Maltreat-
ment
Kinds of Slight Physical Injuries:
1. Physical injuries which incapacitated the
offended party for labor from 1 to 9 days, or
required medical attendance during the same
period
2. Physical injuries which did not prevent the
offended party from engaging in his habitual
work or which did not require medical
attendance
3. Ill-treatment of another by deed without
causing any injury
266-A
Rape

266-B
Penalties
Paragraph 1:
1. Offender is a man
2. Offender had carnal knowledge of a woman
3. Such act is accomplished under any of the ff
circumstance:
a. by using force or intimidation; or
b. when the woman is deprived of reason
or otherwise unconscious; or
c. by means of fraudulent machination or
grave abuse of authority; or
d. when the woman is under 12 years of age
or demented

Paragraph 2:
1. Offender commits an act of sexual assault
2. That the act of sexual assault is committed by
any of the following means:
a. by inserting his penis into another
persons mouth or anal orifice; or
b. by inserting any instrument or object into
the genital or anal orifice of another
person
3. That the sexual act is accomplished under the
circumstances mentioned in paragraph 1

Reclusion Perpetua to Death
1. use of deadly weapon or by 2 or more persons
2. victim has become insane

Death Penalty
1. By reason or on occasion of the rape, a
homicide is committed
2. Victim is under 18 and offender is parent,
ascendant, stepparent, guardian, relative by
consanguinity or affinity within 3
rd
civil
degree, or common-law spouse of the parent
of victim
3. Victim is under custody of the police or
military authorities or any law enforcement or
penal institution
4. Rape is committed in full view of the husband,
parent, any of the children or other relatives
within the 3
rd
civil degree of consanguinity
5. Victim is a religious engaged in legitimate
religious vocation or calling and is personally
known to be such by the offender before or at
the time of the commission of the crime
6. Victim is a child below 7 years of age.
7. Offender knows that he is afflicted with
HIV/AIDS or any other STD and the virus or
disease is transmitted to the victim.
Page 24 of 41
8. Committed by any member of AFP or
paramilitary units thereof or the PNP or any
law enforcement agency or penal institution,
when offender took advantage of position to
facilitate the commission of the crime
9. By reason or on the occasion of the rape, the
victim has suffered permanent physical
mutilation or disability
10. Offender knew of the pregnancy of the
offended party at the time of the commission
of the crime
11. Offender knew of the mental disability,
emotional disorder and/or physical handicap
of the offended party at the time of the
commission of the crime
266-C
Effect of
Pardon
1. Subsequent valid marriage between the
offender and the offended party shall
extinguish the criminal action or the penalty
imposed.
2. In case it is the legal husband who is the
offender, the subsequent forgiveness by the
wife as the offended party shall extinguish the
criminal action or the penalty
266-D
Presump-
tions
1. Any physical overt act manifesting resistance
against the act of rape in any degree from the
offended party; or
2. Where the offended party is so situated as to
render him/her incapable of giving consent
Parricide, Murder, Homicide

Parricide
! Legitimate relationship except parent and child
! Direct line only except spouse
! Blood except for spouse

Parricide Infanticide
Based on relationship Based on age of child
Relatives enumerated Strangers or relatives
* parricide yields to infanticide
Conspiracy cannot be applied
Separate informations necessary
Conspiracy applicable
Single information
Conceal dishonor not mitigating Conceal dishonor mitigating

Murder

Use of Fire
Separate crimes of Homicide
and Arson
To conceal killing
Murder As a means to kill
Arson aggravated by Homicide Burn a house but there was a
person who was killed
Homicide Resorted to as a joke (Ppl v.
Pugay)

Homicide
! Homicide unlawful killing of any person, which is
neither parricide, murder nor infanticide
! Accidental Homicide death of a person brought
about by a lawful act performed with proper care
and skill, and without homicidal intent
! Corpus Delicti actual commission of the crime
charged; means that the crime was actually
perpetrated, and does not refer to the body of the
murdered person

Death or Physical Injuries in Tumultuous Affray

Tumultuous Affray the disturbance is caused by more
than three persons who are armed or are provided with
means of violence

Persons Liable for Death in Tumultuous Affray:
1. Person(s) who inflicted the serious physical injuries
2. If it is not known who inflicted the serious physical
injuries on the deceased, all the persons who used
violence upon the person of the victim are liable, but
with lesser liability

Infanticide

Infanticide killing of any child less than three days of
age, whether the killer is the parent or grandparent, any
other relative of the child, or a stranger

Abortion Infanticide
Fetus is still drawing life from
mother
Victim is already a person
Umbilical cord not yet cut; or Umbilical cord is already cut
and infant is still alive
Intra-uterine life of less than 7
mos. and is killed within 24
hours
Intra-uterine life of less than 7
mos. and killed after 24 hours
Killing by woman to conceal dishonor is extenuating
Duel

Duel formal or regular combat previously concerted
between two parties in the presence of two or more
seconds of lawful age on each side, who makes the
selection of arms and fix all other conditions of the fight

Persons Liable in Duel:
1. Person who killed or inflicted physical injuries upon
his adversary, or both combatants in any other case,
as principles
2. Seconds, as accomplices

Physical Injuries

Serious Less Serious Slight
Insanity, imbecility,
impotence, blindness

Loss of speech,
hearing, smelling
Loss of eye, hand,
foot, arm, leg
Incapacitated for
work for which
habitually engaged

Deformation
Lost any other part
of body or use
thereof
Illness or incapacity
for work habitually
engaged for period
of more than 90 days

Injuries caused
illness or incapacity
for labor for more
than 30 days not
more than 90
Incapacitated for
labor for 10 days or
more but not more
than 30 days
Incapacitated for
labor from 1 to nine
days or medical
attendance for same
period
Do not prevent him
from engaging in
habitual work nor
require medical
Page 25 of 41
attendance
Ill-treatment by deed
without injury

Physical Injuries Distinguished from Attempted or
Frustrated Homicide:
a. In both, the offender inflicts physical injuries,
however homicide may be committed, even if no
physical injuries are inflicted
b. There is no intent to kill in physical injuries

Mutilation

Ordinary Physical Injuries Distinguished from
Mutilation:
1. Mutilation must have been caused purposely and
deliberately
2. Physical Injuries this intention is not present

Page 26 of 41
TITLE IX: CRIMES AGAINST PERSONAL LIBERTY AND
SECURITY

1. Kidnapping and Serious Illegal Detention
2. Slight Illegal Detention
3. Unlawful Arrest
4. Kidnapping and Failure to Return a Minor
5. Inducing a Minor to Abandon his Home
6. Slavery
7. Exploitation of Child Labor
8. Services Rendered in Compulsion of Payment of
Debt
9. Abandonment of Persons in Danger and Ones Own
Victim
10. Abandoning a Minor
11. Exploitation of Minors
12. Qualified Trespass to Dwelling
13. Other Forms of Trespass
14. Grave Threats, Light Threats, Other Light Threats
15. Grave Coercions, Light Coercions
16. Discovery and Revelation of Secrets

Crime Elements
267
Kidnapping
and Serious
Illegal
Detention

1. Offender is a private individual
2. Kidnaps or detains another, or in any other
manner deprives the latter of his liberty
3. Act of detention or kidnapping must be illegal
4. Any of the following circumstances are present:
a. Lasts for more than 3 days or;
b. Committed simulating public authority or;
c. Any serious physical injuries are inflicted
upon the person kidnapped or detained or
threats to kill him are made; or
d. Person kidnapped or detained is a minor
(except when the accused is any of the parents),
female or a public officer.
268
Slight
Illegal
Detention
1. Offender is a private individual
2. Kidnaps or detains another, or in any other
manner deprives him of his liberty
3. Act of kidnapping or detention is illegal
4. Crime is committed without the attendance of
any of the circumstances enumerated in Article
267
269
Unlawful
Arrest
1. Offender arrests or detains another person
2. Purpose: to deliver him to the proper
authorities
3. Arrest or detention is not authorized by law or
there is no reasonable ground therefore
270
Kidnapping
and Failure
to Return a
Minor
1. That the offender is entrusted with the custody
of a minor person (below 21 years of age)
2. That he deliberately fails to restore the said
minor to his parents or guardians
271
Inducing a
Minor to
Abandon
His Home
1. That a minor is living in the home of his parents
or guardian or person entrusted with his
custody
2. Offender induces said minor to leave such
home
272
Slavery
1. Purchases, sells, kidnaps or detains a human
being.
2. Purpose: enslave such human being
273
Exploitation
of Child
Labor
1. That the offender retains a minor in his service
2. That it is against the will of the minor
3. That it is under the pretext of reimbursing
himself of a debt incurred by an ascendant,
guardian or person entrusted with the custody
of such minor
274
Services
Rendered
1. That the offender compels a debtor to work for
him, either as household servant or farm
laborer
Under
Compulsion
in Payment
2. That it is against the debtors will
3. That the purpose is to require or enforce the
payment of a debt
275
Abandonme
nt of
Persons in
Danger and
Abandonme
nt of Ones
Own Victim
Acts Punishable:
1. Failing to render assistance to any person
whom offender finds in an uninhabited place
wounded or in danger of dying when he can
render such assistance without detriment to
himself, unless such omission shall constitute a
more serious offense
2. Failing to help or render assistance to another
whom the offender has accidentally wounded
or injured
3. Failing to deliver a child, under 7 whom the
offender has found abandoned, to the
authorities or to his family, or by failing to take
him to a safe place
276
Abandoning
a Minor
1. That the offender has the custody of a child
2. That the child is under 7 years of age
3. That he abandons such child
4. No intent to kill child when the latter is
abandoned

1. Death resulted from such abandonment, or
2. Life of minor was in danger because of
abandonment
277
Abandon-
ment of
Minor by
Person
Entrusted
with His
Custody;
Indifference
of Parents
Acts Punished:
1. By delivering a minor to a public institution or
other persons without the consent of the one
who entrusted such minor to the care of the
offender or, in the absence of that one, without
the consent of the proper authorities
2. By neglecting his (offenders) children by not
giving them the education which their station in
life requires and financial condition permits
278
Exploitation
of Minors
See RA 7610 and related laws
280
Qualified
Trespass to
Dwelling
1. That the offender is a private person
2. That he enters the dwelling of another
3. That such entrance is against the latters will

Exceptions:
1. Made for the purpose of preventing some serious
harm to himself, the occupants of the dwelling or a
3
rd
person
2. Purpose is to render some service to humanity or
justice
3. Place where entrance is made is a caf, tavern, inn,
and other public houses, while the same are still open

* Qualifying Circumstance violence or intimidation
281
Other Forms
of Trespass
1. Offender enters closed premises or the fenced
estate of another
2. Entrance is made while uninhabited
3. That the prohibition to enter be manifest
4. No permission of the owner or the caretaker
thereof
282
Grave
Threats
Acts Punished:
1. By threatening another with the infliction upon
his person, honor or property or that of his
family of any wrong amounting to a crime and
demanding money or imposing any other
condition, even thought not unlawful, and the
offender attained his purpose
a. Offender threatens another with the
infliction upon the latters person, honor or
property, or upon that of the latters
family, of any wrong
b. Wrong amounts to a crime
c. Demand for money or that any other
condition is imposed, even though not
unlawful
d. Offender attains his purpose
Page 27 of 41
2. By making threat without attaining his purpose
3. By threatening another with the infliction upon
his person, honor or property or that of his
family of any wrong amounting to a crime, the
threat not being subject to a condition
a. Offender threatens another with the
infliction upon the latters person, honor,
or property, or upon the latters family, of
any wrong
b. Wrong amounts to a crime
c. Threat is not subject to a condition
283
Light
Threats
1. Offender makes a threat to commit a crime
2. Wrong does not constitute a crime
3. Demand for money or that other condition is
imposed, even though not lawful
4. Offender has attained or not attained his
purpose
285
Other Light
Threats
1. Threatening another with a weapon, or by
drawing such weapon in a quarrel, unless in
lawful self-defense
2. Orally threatening another, in the heat of anger,
with some harm constituting a crime, without
persisting in the idea involved in his threat
3. Orally threatening to do another any harm not
constituting a felony
286
Grave
Coercions
Ways to Commit:
1. By preventing another, by means of violence,
threats or intimidation, from doing something
not prohibited by law
2. By compelling another, by means of violence,
threats or intimidation, to do something against
his will, whether it be right or wrong

Elements:
1. Person prevented another from doing
something not prohibited by law, or that he
compelled him to do something against his will,
be it right or wrong
2. Prevention or compulsion be effected by
violence, threats or intimidation
3. Person that restrained the will and liberty of
another had not the authority of law or the right
to do so, or, in other words, that the restraint
shall not be made under authority of law or in
exercise of lawful right
287
Light
Coercions
1. Offender must be a creditor
2. He seizes anything belonging to his debtor
3. Seizure of thing accomplished by means of
violence or a display of material force
producing intimidation
4. Purpose: apply the same to the payment of the
debt
288
Other
Similar
Coercions
1. Forcing/compelling, directly/indirectly, or
knowingly permitting the forcing or compelling
of the laborer or employee of the offender to
purchase merchandise or commodities of any
kind
2. By paying wage due his laborer or employee by
means of tokens or objects other than the legal
tender currency of the Philippines, unless
expressly requested by such laborer or employee
289
Formation,
Maintenanc
e, and
Prohibition
of Combina-
tion of
Capital or
Labor
1. That the offender employs violence or threats,
in such a degree as to compel or force the
laborers or employers in the free and legal
exercise of their industry or work
2. That the purpose is to organize, maintain or
prevent coalitions of capital or labor, strike of
laborers or lockout of employers
290
Discovery of
Secrets Thru
Seizure of
Corres-
pondence
1. Offender is a private individual or even a public
officer not in the exercise of his official
functions
2. He seizes the papers or letters of another
3. Purpose: to discover secrets of such another
person
4. Offender is informed of the contents
Exception: parents, guardians, or persons entrusted with
the custody of minors (papers or letters of the children or
minors), or to spouses with respect to the papers or letters
of either of them
291
Revealing
Secrets with
Abuse of
Office
1. Offender is a manager, employee or servant
2. Learns of the secrets of his principal or master
in such capacity
3. Reveals such secrets
292
Revelation
of Industrial
Secrets
1. Offender is person in charge, employee or
workman of a manufacturing or industrial
establishment
2. Manufacturing or industrial establishment has a
secret of the industry which the offender has
learned
3. Offender reveals such secrets
4. Prejudice is caused to the owner

Illegal Detention

Special Complex Crimes
* Effectively eliminated distinction drawn by courts between
those cases where the killing, rape or physical injuries was
purposely sought by the accused, and those where the same
was not deliberately resorted to but was merely an
afterthought
Kinds
Kidnapping with homicide
Kidnapping with rape
Kidnapping with physical
injuries
Not separate crimes in
themselves but circumstances
which convert kidnapping into
special complex crime
* this rule applicable only if kidnap victim was killed, raped or
tortured
* if 3
rd
person killed, raped or tortured, there will be 2 separate
offenses
* intent is determinative of the special complex crime if intent
from the very beginning is to kill, rape or torture crime is not
kidnapping but murder/homicide, rape, physical injuries

Kidnapping with Rape Forcible Abduction with Rape
Composite if woman kidnapped
is also raped
Complex under art. 48
At the outset, no lewd design At the outset, lewd design
Rape is qualifying circumstance Rape is also a crime
Only 1 kidnapping with rape,
even if multiple rapes
committed
Only one rape complexed, all
other rapes are separate crimes
If merely attempted rape: 2
separate crimes: Kidnapping
and Attempted Rape
If merely attempted rape, only
one crime: Forcible Abduction

Kidnapping Grave Coercion
Intent to deprive
liberty/restrain
Mere curtailment of freedom of
movement

Unlawful arrest distinguished from other illegal
detention: if the purpose of locking up or detaining is to
deliver to authorities, the crime is unlawful arrest;
otherwise, it is other illegal detention

Distinguishing Article 267 and Article 270:
1. Article 267 offender is not entrusted with custody
2. Article 270 offender is entrusted with custody of
minor

Slavery and Kidnapping/Illegal Detention
Distinguished:
a. Slavery purpose is to enslave victim
Page 28 of 41
b. Kidnapping or Illegal Detention any other
purpose

Trespass to Dwelling
Dwelling Place any building or structure exclusively
devoted for rest and comfort
Trespass to
Dwelling
Inhabited
Trespass to Property Uninhabited, clear or manifest prohibition
Theft Purpose: fish, harvest, gather
Vagrancy If property not fenced, no prohibition to
enter
Unjust vexation or
light coercion

Robbery Intimidation immediate but conditional
coupled with demand for money or any
consideration ; intent to gain
Threat Future and conditional
Coercion Direct, immediate and personal or serious
enough; no intent to gain

Page 29 of 41
TITLE X: CRIMES AGAINST PROPERTY

1. Robbery with Violence Against or Intimidation of
Persons
2. Robbery by the Use of Force upon Things
3. Brigandage
4. Theft
5. Usurpation
6. Culpable Insolvency
7. Swindling and Other Deceits
8. Chattel Mortgage
9. Arson and Other Crimes Involving Destruction
10. Malicious Mischief

Crime Elements
293
Who are
Guilty of
Robbery
Classification:
1. Robbery with violence against, or intimidation
of persons (RVAIP)
2. Robbery with the use of force upon things
(RFUT)
a. Robbery in Inhabited House, Public
Building or Edifice devoted to Public
Worship
b. Robbery in Uninhabited House or in a
Private Building

Elements of Robbery in General:
1. Personal property belonging to another
2. Unlawful taking of that property
3. Taking must be with intent to gain
4. Violence against or intimidation of any
person, or force upon anything
294
Robbery
with
Violence
Against or
Intimidation
of Persons
Acts Punished:
1. By reason or on occasion of robbery, homicide
is committed, or is accompanied by rape or
intentional mutilation or arson
2. By reason or on occasion of such robbery, any
of the serious physical injuries, 1 is
committed
3. By reason or on occasion of such robbery, any
of serious physical injuries, 2 is committed
4. If violence or intimidation employed in the
robbery is carried to a degree clearly
unnecessary or in the course of its execution,
offender shall have inflicted upon any person
not responsible for the robbery any of the
physical injuries in serious physical injuries,
3 and 4.
5. If violence employed does not cause any of the
serious physical injuries defined in Art. 263, or
if the offender employs intimidation only

Distinctions Between Effects of Employment of
VAIAP and those of use FUT:
1. Whenever violence against or intimidation of
any person is used, the taking is always
robbery; If there is no violence or intimidation,
but only FUT, taking is robbery if force is used
to either enter building or to break doors, etc.
2. In RVAIP, value of personal property is
immaterial; penalty depends on:
a. result of violence used
b. existence of intimidation only
3. In RFUT, the penalty is based on:
a. Value of property taken
b. On whether or not the offenders carry
arms
4. In RFUT in an uninhabited building, the
penalty is based on the value of the property
taken

Requisites of Robbery under Second Case of 4:
1. Physical injuries defined in 3 and 4 of Art.
263 was inflicted in the course of the robbery
2. Inflicted upon any non-robber

RVAIP under Paragraph 5 of Art. 294: called
Simple Robbery, because the violence does not
result in a special complex crime

Threats to Extort Money Distinguished from
RVAIP:
1. Both, there is intimidation by offender
2. Both, purpose is identical: to obtain gain
3. In robbery, intimidation is actual and
immediate; In threats, intimidation is
conditional or future
4. In robbery, intimidation is personal; In threats,
it may be done thru an intermediary
5. In robbery, intimidation is directed only to
victim; In threats, intimidation may refer to
person, honor or property of offended party or
that of his family
6. In robbery, gain of culprit is immediate; in
threats, gain is not immediate

RVAIP Distinguished from Grave Coercion:
1. Both, there is violence used by offender
2. In robber, there is intent to gain; in grave
coercion, there is not such element

Robbery and Bribery Distinguished:
1. Robbery if victim did not commit a crime and
is intimidated with arrest and/or prosecution
to deprive him of his personal property;
Bribery when victim has committed a crime
and give money or gift to avoid arrest or
prosecution
2. In robbery, victim is deprived of
money/property by force or intimidation; in
bribery, he parts with money/property in a
sense voluntarily
295
Robbery
with
Physical
Injuries,
committed
Uninhabited
Place and by
a band, or
use of
Firearm
Qualifying Circumstances in RVAIP:
1. in an uninhabited place, or
2. by a band, or
3. by attacking a moving train, street car, motor
vehicle or airship, or
4. by entering passengers compartments in a
train, or in any manner taking the passengers
thereof by surprise in the respective
conveyances
5. on a street, road, highway, or alley, and the
intimidation is made with the use of firearms
296
Definition
of a Band
and Penalty
Incurred
Outline:
1. Band at least 4 armed malefactors take part
in robbery
2. Any arms is unlicensed penalty upon ALL
the malefactors shall be maximum period of
corresponding penalty provided by law
3. Any member present at the robbery by the
band, shall be punished as principal of any of
the assaults committed by the band, unless it be
shown that he attempted to prevent the same

Requisites for Liability:
1. Member of the band
2. Present at commission of a robbery by that
band
3. Other members of the band committed an
assault
4. He did not attempt to prevent the assault
297 Attempted and Frustrated Robbery Committed
Under Certain Circumstances: If a homicide is
committed, punishable by RT max to RP, unless
homicide committed deserved a higher penalty
298
Execution of
Deeds thru
Violence/
Intimidation
1. That the offender has intent to defraud
another
2. That the offender compels him to sign,
execute, or deliver any public instrument or
document
Page 30 of 41
3. Compulsion is by means of violence or
intimidation
299
Robbery in
Inhabited
House or
Public
Building or
Edifice
Devoted to
Worship
RFUT Subdivision (a):
1. Offender entered (a) inhabited house, (b)
public building, (c) edifice devoted to
religious worship
2. Entrance was effected by any of the ff means:
a. Opening not intended for
entrance/egress, or
b. Breaking any wall, roof, or floor or
breaking any door or window, or
c. Using false keys, picklocks, similar tools,
or
d. Using fictitious name or pretending the
exercise of public authority
3. Once inside building, the offender took
personal property belonging to another with
intent to gain

RFUT Subdivision (b):
1. Offender is inside dwelling house, public
building, or edifice devoted to religious
worship, regardless of the circumstances
under which he entered it;
2. Offender takes personal property belonging to
another, with intent to gain, under any of the
following circumstances:
a. Breaking doors, wardrobes, chests, or
other locked or sealed furniture or
receptacle
b. Taking such furniture or objects away to
be broken or forced open outside the
place of the robbery
300
Robbery in
Uninhabited
Place and by
a Band
Distinction between 2 Classes of Robbery as to
their Being Qualified:
1. RFUT to be qualified, must be committed in
an uninhabited place AND by a band
2. RVAIP to be qualified, must be committed in
an uninhabited place OR by a band
301
Definitions
Inhabited House any shelter, ship or vessel
constituting the dwelling or one or more persons
even though the inhabitants thereof are temporarily
absent there from when the robbery is committed
Dependencies are all interior courts, corrals,
warehouses, granaries or enclosed places
contiguous to the building or edifice, having an
interior entrance connected therewith, and which
form part of the whole
Not Included as Dependencies orchards or other
lands used for cultivation or production are not
included in the terms of the next preceding
paragraph, even if closed, contiguous to the
building, and having direct connection therewith
Public Building every building owned by the
government or belonging to a private person but
used or rented by the government, although
temporarily unoccupied by the same
302
Robbery in
an
Uninhabited
Place or in a
Private
Building
1. Offender entered an uninhabited house or
building which was not dwelling house,
public building, nor edifice devoted to
religious worship
2. Any of the following circumstances was
present:
a. Entrance was effected thru an opening
not intended for entrance or egress
b. Wall, roof, outside door/window was
broken
c. Entrance was effected thru the use of
false keys, picklocks, or other similar
tools
d. A door, wardrobe, chest or any sealed or
closed furniture or receptacle was broken
e. A closed or sealed receptacle was
removed, even if the same be broken
open elsewhere
3. That with intent to gain, the offender took
there from personal property belonging to
another
303 Robbery of Cereals, Fruits or Firewood
Cases enumerated in Article 299 to 302
304
Possession
of Picklocks
or Similar
Tools
1. That the offender has in his possession
picklocks or similar tools
2. That such picklocks or similar tools are
specially adopted to the commission of
robbery
3. No lawful cause for such possession
305
False Keys
1. Tools mentioned in the next preceding article
2. Genuine keys stolen from the owner
3. Any keys other than those intended by the
owner for use in the lock forcibly opened by
the offender
306
Who are
Brigands
Penalty
Brigandage crime committed by 4 or more armed
persons who form a band of robbers for the
purpose of committing robbery in highway or
kidnapping persons for extortion or to obtain
ransom, or for any other purpose to be attained by
means of force and violence

Elements:
1. There be at least 4 armed persons
2. They formed a band of robbers
3. The purpose is any of the following:
a. To commit robbery in the highway
b. To kidnap persons for extortion or
ransom
c. To attain by means of force and violence
any other purpose

Brigandage and Robbery in a Band
Distinguished:
1. Both require offenders to form a band
2. Brigandage purpose is any of the 3 in Article
306; Robbery in a Band purpose is only to
commit robbery, not necessarily on the
highway
3. Brigandage mere formation of a band for
any of the purposes mentioned is sufficient;
Robber in a Band necessary to prove band
actually committed robbery, as a mere
conspiracy is not punishable
307
Aiding and
Abetting A
Band of
Brigands
1. Band of brigands
2. Offender knows the band to be of brigands
3. That the offender does any of the following
acts:
a. In any manner aids, abets or protects
such band of brigands; or
b. Gives information of the movements of
police or other peace officers of the
government
c. Acquires/receives property taken by
brigands
308
Who are
Liable for
Theft
Theft committed by any person who, with intent
to gain but without violence against or intimidation
of persons nor force upon things, shall take
personal property of another without the latters
consent
1. Having found lost property, shall fail to
deliver the same to the local authorities or to
its owner;
2. After having maliciously damaged the
property of another, shall remove or make use
of the fruits or object of the damage caused by
him; and
3. Enter an enclosed estate or a filed where
trespass is forbidden or which belongs to
another and without the consent of its owner,
shall hunt or fish upon the same or shall
gather fruits, cereals, or other forest or farm
products

Elements:
Page 31 of 41
1. Taking of personal property
2. Property belongs to another
3. Taking be done with intent to gain (animus
lucrandi)
4. Taking be done without the consent of the
owner
5. Taking accomplished without violence against
or intimidation of persons or force upon
things

Stages of the Crime:
1. Theft is consummated
a. when offender is able to place thing
taken under his control and in such a
situation where he could dispose it at
once; or
b. when offender had full possession of
thing, even if he did not have
opportunity to dispose the same
2. Conflicting Rulings
a. People vs. Dino frustrated theft when
truck loaded with stolen boxes of rifles
was discovered at checkpoint
b. People vs. Espiritu consummated theft
when hospital linen was found at
checkpoint
3. Explanation:
a. Dino Case frustrated because
determinative fact to determine
consummation is ability to dispose freely,
even if it were more or less momentarily;
should only be applied to theft of bulky
goods
b. Espiritu Case consummated because
they were able to take or get hold of linen
310
Qualified
Theft
Theft is Qualified if:
1. Theft is committed by domestic servant
2. Theft is committed with grave abuse of
confidence
3. Property stolen is a (a) motor vehicle, (b) mail
matter, or (c) large cattle (*note Cattle
Rustling)
4. Property stolen consists of coconuts taken
from the premises of a plantation
5. Property stolen is fish taken from
fishpond/fishery
6. Property taken is on occasion of fire,
earthquake, typhoon, volcanic eruption, or
any other calamity, vehicular accident or civil
disturbance
PD 1612
Anti-
Fencing Law
1. Crime of robbery or theft has been committed
2. Accused, who is not a principal or accomplice
in the commission of the crime of robbery or
theft, buys, receives, possesses, keeps,
acquires, conceals, sells or disposes, or buys
and sells, or in any manner deals in any
article, item, object or anything of value,
which has been derived from the proceeds of
the said crime
3. Accused knows or should have known that
the said article, item, object or anything of
value has been derived from the proceeds of
the crime of robbery or theft
4. There is, on the part of the accused, intent to
gain fro himself or for another
311

Theft of Property of National Library and
National Museum
312
Occupation
of Real
Property or
Usurpation
of Real
Rights in
Property
Acts Punishable:
1. By taking possession of any real property
belonging to another by means of violence
against or intimidation of persons
2. By usurping any real rights in property
belonging to another by means of violence
against or intimidation of persons

Elements:
1. That the offender takes possession of any real
property or usurps any real rights in property
2. That the real property or real rights belong to
another
3. That violence against or intimidation of
persons is used by the offender in occupying
real property or usurping real rights in
property
4. That there is intent to gain
313 Altering Boundaries or Landmarks
314
Fraudulent
Insolvency
1. That the offender is a debtor, that is, he has
obligations due and payable
2. That he absconds with his property
3. That there be prejudice to his creditors

Distinguished from Insolvency Law:
a. Insolvency Law requires application
that the criminal act should have been
committed after institution of criminal
proceedings
b. Article 314 there is no such
requirement, and it is not necessary that
defendant should have been adjudged
bankrupt or insolvent
315
Swindling
(Estafa)
Elements of Estafa in General:
1. Accused defrauded another (a) by abuse of
confidence or (b) by means of deceit; and
2. Damage/prejudice capable of pecuniary
estimation is caused to the offended party or
3
rd
person

Ways of Committing Estafa:
1. With unfaithfulness or abuse of confidence
2. By means of deceit:
a. By means of false pretenses or fraudulent
acts
b. Thru fraudulent means

Unfaithfulness or Abuse of Confidence:
1. First Form
a. Offender has an onerous obligation to
deliver something of value
b. He alters its substance, quantity or
quality
c. Damage or prejudice is caused to another

2. Second Form
a. Money, goods, or other personal
property be received by offender in trust,
or on commission, or for administration,
or under any other obligation involving
the duty to make delivery of, or to return,
the same
b. Misappropriation/conversion of such
money or property by offender, or denial
on his part of such receipt
c. That such misappropriation or
conversion or denial is to the prejudice of
another
d. That there is demand made by the
offended party to the offender

3. Undue advantage of Signature in Blank
a. Paper with the signature of the offended
party be in blank
b. Offended party should have delivered it
to the offender
c. Above the signature of offended party a
document is written by the offender
without authority to do so
d. Document so written creates a liability of,
or causes damage to offended or any 3
rd

person

False Pretense or Fraudulent Acts
a. False pretense, fraudulent act or
fraudulent means
b. False pretense, fraudulent act or
Page 32 of 41
fraudulent means must be made or
executed prior to or simultaneously with
commission of the fraud
c. Offended party must have relied on the
false pretense, fraudulent act, or
fraudulent means, (induced to part with
his money or property)
d. Damage

- executed prior to or simultaneously with the
commission of the fraud:
1. By using fictitious name, or falsely pretending
to possess power, influence, qualifications,
property, credit, agency, business or
imaginary transactions, or by means of other
similar deceits.
2. By altering the quality, fineness or weight of
anything pertaining to his art or business.
3. By pretending to have bribed any Government
employee, without prejudice to the action for
calumny which the offended party may deem
proper to bring against the offender. In this
case, the offender shall be punished by the
maximum period of the penalty.
4. By post-dating a check, or issuing a check in
payment of an obligation when the offender
therein were not sufficient to cover the
amount of the check. The failure of the drawer
of the check to deposit the amount necessary
to cover his check within three (3) days from
receipt of notice from the bank and/or the
payee or holder that said check has been
dishonored for lack of insufficiency of funds
shall be prima facie evidence of deceit
constituting false pretense or fraudulent act.
a. The offender postdated a check, or issued
a check in payment of an obligation
b. Such postdating or issuing a check was
done when the offender had no funds in
the bank, or his funds deposited therein
were not sufficient to cover the amount
of the check
5. Fifth Paragraph
a. Obtaining any food, refreshment or
accommodation at a hotel, inn,
restaurant, boarding house, lodging
house or apartment house without
paying therefore, with intent to defraud
the proprietor or manager thereof
b. Obtaining credit any of said
establishments by the use of false
pretenses; or
c. Abandoning or surreptitiously removing
any part of his baggage from any of said
establishments after obtaining credit,
food, refreshment or accommodation
therein, without paying therefore

Through any of the following fraudulent means:
1. Inducing the Signing of any Document.
a. Induced offender party to sign a
document
b. Deceit be employed to make him sign
c. Offended party personally signed
document
d. Prejudice was caused
2. By resorting to some fraudulent practice to
insure success in a gambling game.
3. Concealment of Records
a. A court record, office files, documents or
any other papers
b. Offender removed, concealed or
destroyed any of them
c. Offender had intent to defraud another
316
Other Forms
of
Other Forms of Swindling:
1. Any person who, pretending to be owner of
any real property, shall convey, sell, encumber
Swindling or mortgage the same.
a. Thing be immovable
b. Offender who is not owner of said
property should represent that he is the
owner thereof
c. Offender should have executed an act of
ownership (selling, leasing, encumbering
or mortgaging the real property)
d. To the prejudice of the owner or a 3
rd

person
2. Any person, who, knowing that real property
is encumbered, shall dispose of the same,
although such encumbrance be not recorded.
a. Thing disposed of be real property
b. Offender knew that real property was
encumbered, whether recorded or not
c. Express representation by the offender
that the real party is free from
encumbrance
d. Damage
3. Owner of any personal property who shall
wrongfully take it from its lawful possessor, to
the prejudice of the latter or any third person.
a. Offender is the owner of personal
property
b. Property is in lawful possession of
another
c. Offender wrongfully takes it from its
lawful possessor
d. Prejudice is caused to possessor or 3
rd

person
4. Any person who, to the prejudice of another,
shall execute any fictitious contract.
5. Any person who shall accept any
compensation given him under the belief that
it was in payment of services rendered or
labor performed by him, when in fact he did
not actually perform such services or labor.
6. Surety
a. Offender is a surety in bond given in a
criminal or civil action
b. Guaranteed the fulfillment of such
obligation with his real property or
properties
c. He sells, mortgages, or, in any other
manner encumbers said real property
d. Such sale, mortgage, or encumbrance is
(a) without express authority from the
court, or (b) made before the cancellation
of his bond, or (c) before being relieved
from the obligation contracted by him
317
Swindling a
Minor
1. Offender takes advantage of the inexperience
or emotions or feelings of a minor
2. Induces such minor (a) to assume an
obligation, or (b) to give release, or (c) to
execute a transfer of any property right
3. Consideration is (a) some loan of money, (b)
credit or (c) other personal property
4. Transaction is to the detriment of such minor
318
Other
Deceits
Other Deceits:
1. Defrauding or damaging another by any other
deceit not mentioned in the preceding articles
2. Interpreting dreams, by making forecasts, by
telling fortunes, or by taking advantage of the
credulity of the public in any other similar
manner, for profit or gain
319
Removal,
Sale or
Pledge of
Mortgaged
Property
Acts Punishable:
1. By knowingly removing any personal
property mortgaged under the Chattel
Mortgage Law to any province or city other
than the one in which it was located at the
time of execution of the mortgage, without the
written consent of the mortgagee or his
executors, administrators or assigns
2. By selling or pledging personal property
already pledged, or nay part thereof, under
the terms of the Chattel Mortgage Law,
Page 33 of 41
without the consent of the mortgagee written
on the back of the mortgage and noted on the
record thereof in the office of the register of
deeds of the province where such property is
located
320-326B Repealed by PD 1613 Amending the Law on Arson
327
Who Are
Liable for
Malicious
Mischief
1. Offender deliberately caused damage to the
property of another
2. Such act does not constitute arson or other
crimes involving destruction
3. The act of damaging anothers property be
committed merely for the sake of damaging it.
(presupposes that the offender acted due to
hate, revenge or other motive)
328
Special
Cases of
Malicious
Mischief
(Qualified
Malicious
Mischief)
Special Cases of Malicious Mischief:
1. Causing damage to obstruct the performance
of public functions
2. Using any poisonous or corrosive substance
3. Spreading any infection or contagion among
cattle
4. Causing damage to the property of the
National Museum or National Library, or to
any archive or registry, waterworks, road,
promenade, or any other thing used in
common by the public
329 Other Mischiefs
Penalties range according to value of damage
330
Damage and
Obstruction
to Means of
Communica
tion
Electric wires, traction cables, signal system, and
other things pertaining to railways, shall be
deemed to constitute an integral part of a railway
system
331
Destroying/
Damaging
Statues,
Public
Monuments,
or Paintings
1. Destroy or damage statues or any other useful
or ornamental public monuments
2. Destroy or damage any useful or ornamental
painting of a public nature
332
Persons
Exempt
from
Criminal
Liability
Exemptions:
1. Spouses, ascendants and descendants, or
relatives by affinity in the same line
2. Widowed spouse with respect to property
which belonged to the deceased spouse before
the same shall have passed into the possession
of another
a. Property belongs to deceased spouse
b. Not passed into the possession of a 3
rd

person
3. Brothers and sisters and brothers-in-law and
sisters-in-law, if living together

Exception: not applicable to strangers participating in
the commission of the crime

Page 34 of 41
TITLE XI: CRIMES AGAINST CHASTITY

1. Adultery
2. Concubinage
3. Acts of Lasciviousness
4. Qualified Seduction
5. Simple Seduction
6. Acts of Lasciviousness with Consent
7. Corruption of Minors
8. White Slave Trade
9. Forcible Abduction
10. Consented Abduction

Crime Elements
333
Who are
Guilty of
Adultery
1. Woman is married
2. Sexual intercourse with a man not her
husband
3. That as regards the man with whom she has
sexual intercourse, he must know her to be
married
334
Concubi-
nage
Ways of Committing Crime:
1. By keeping a mistress in the conjugal
dwelling; or
2. By having sexual intercourse, under
scandalous circumstances, with a woman not
his wife; or
3. By cohabiting with her in any other place

Elements:
1. That the man must be married
2. That he committed any of the said acts
3. That as regards the woman, she must know
him to be married
336
Acts of
Lasciviousn
ess
Elements:
1. Any act of lasciviousness or lewdness
2. Against a person of either sex
3. Done under any of the following
circumstances:
a. By using force or intimidation
b. When offended party is deprived of
reason or otherwise unconscious
c. By means of fraudulent machination or
grave abuse of authority
d. When offended party is under 12 years of
age or is demented
337
Qualified
Seduction
Two Classes:
1. Seduction of a virgin over 12 and under 18
years of age by certain persons, such as, a
person in authority, priest, teacher, etc.
a. Offended party is a virgin, which is
presumed if she is unmarried and of
good reputation
b. Over 12 and under 18 years of age
c. Offender has sexual intercourse with her
d. Abuse of authority, confidence or
relationship on the part of the offender
2. Seduction of a sister by her brother, or
descendant by ascendant, regardless of her
age or reputation

Offenders in qualified seduction:
a. Those who abused their authority:
person in public authority, guardian,
teacher, person who, in any capacity, is
entrusted with the education or custody
of the woman seduced
b. Those who abused confidence reposed in
them: priest, house servant, domestic
c. Those who abused their relationship:
brother who seduced his sister,
ascendant who seduced his descendant
338
Simple
Seduction
1. Offended party is over 12 and under 18 years
of age
2. Of good reputation, single or widow
3. Offender has sexual intercourse with her
4. Committed by means of deceit
339
Acts of
Lasciviousn
ess with
Consent of
Offended
Party
1. Offender commits acts of lasciviousness
2. Committed upon a woman who is a virgin or
single or widow of good reputation, under 18
years of age but over 12 years, or a sister or
descendant regardless of her reputation or age
3. Offender accomplishes the acts by abuse of
authority, confidence, relationship, or deceit
340
Corruption
of Minors
1. Offender is person under age
2. Person promotes or facilitates prostitution or
corruption of person under age
3. Purpose is to satisfy lust of another
341
White Slave
Trade
Acts Penalized:
1. Engaging in business of prostitution
2. Profiting by prostitution
3. Enlisting services of women for prostitution
342
Forcible
Abduction
1. Person abducted is any woman, regardless of
her age, civil status, or reputation
2. Abduction is against her will
3. Abduction is with lewd designs
343
Consented
Abduction
1. Offender must be a virgin
2. Over 12 and under 18 years of age
3. Taking away must be with her consent after
solicitation or cajolery from the offender
4. Taking away must be with lewd designs
344
Prosecution
of Crimes of
Adultery,
Concu-
binage,
Abduction,
Rape, and
Acts of
Lascivious-
ness
1. Adultery and concubinage must be
prosecuted upon complaint signed by the
offended party
2. Seduction, abduction or acts of lasciviousness
must be prosecuted upon complaint signed
by:
a. Offended party,
b. Her parents,
c. Grandparents, or
d. Guardians

Pardon
1. Adultery or Concubinage bars prosecution
of crime
- effective if made:
a. Before institution of the criminal action,
and
b. Both offenders must be pardoned by both
parties
2. Acts of Lasciviousness, Seduction and
Abduction bars prosecution of crime
a. must be EXPRESS
b. Before the institution of criminal action
345
Civil
Liability of
Persons
Guilty of
Crimes
Against
Chastity
Seduction or Abduction:
1. To indemnify the offended woman
2. To acknowledge offspring, unless the law
should prevent him form doing so
3. In every case, to support the offspring

Adultery or Concubinage
- Indemnify damages caused to offended
spouse
346
Liability of
Ascendants,
Guardians,
Teachers or
Other
Persons
Entrusted
with
Custody
Persons Liable
- cooperate as accomplices but are
punished as principals:
1. Ascendants
2. Guardian
3. Curators
4. Teachers, and
5. Any other person, who cooperates as
accomplice with abuse of authority or
confidential relationship

Page 35 of 41

TITLE XII: CRIMES AGAINST THE CIVIL STATUS OF
PERSONS

Crime Elements
347
Simulation
of Births
Acts Punished:
1. Simulation of births
2. Substitution of one child for another
3. Concealing or abandoning any legitimate child
with intent to cause such child to lose its civil
status
a. Child must be legitimate (and a fully
developed and living being)
b. Offender conceals or abandons such child
c. Offender has the intent to cause such child
to lose its civil status
348
Usurpation
of Civil
Status
Usurpation of Civil Status: when a person
represents himself to be another and assumes
filiation or parental or conjugal rights of such
another person

Qualifying Circumstance: purpose of defrauding
offended party or heirs
349
Bigamy
1. That the offender has been legally married
2. That the marriage has not been legally
dissolved or, in case his or her spouse is absent,
the absent spouse could not yet be presumed
dead according to the CC
3. That he contracts a second or subsequent
marriage
4. That the second or subsequent marriage has all
the essential requisites for validity

Differentiate Concubinage from Bigamy:
1. Bigamy is an offense against the civil status
which may be prosecuted at the instance of the
State; Concubinage is a crime against chastity
and may be prosecuted only at the instance of
the offended party
2. Bigamy is characterized by the celebration of
the 2
nd
marriage with the first still existing;
Concubinage is characterized by mere
cohabitation of the husband with a woman

350
Marriage
Contracted
Against
Provision of
Law
1. That the offender contracted marriage
2. That he knew at the time that:
a. requirements of law not complied with; or
b. the marriage was in disregard of a legal
impediment
351
Premature
Marriages
Persons Liable:
1. A widow who married within 301 days from
the date of the death of her husband, or before
having delivered if she is pregnant at the time
of his death
2. A woman, who, her marriage having been
annulled or dissolved, married before her
delivery or before the expiration of the period
of 301 days after the date of legal separation
352
Performance
of Illegal
Marriage
Ceremony
Persons Liable: Priests or ministers of any religious
denomination or sect, or civil authorities

Page 36 of 41
TITLE XIII: CRIMES AGAINST HONOR

Crime Elements
353-355
Libel by
Means of
Writing or
Similar
Means
1. Imputation of crime, vice or defect, real or
imaginary, or any act, omission, condition,
status, or circumstance
2. Imputation must be made publicly
3. Malicious
4. Natural or juridical person, or one who is dead
5. Imputation must tend to cause the dishonor,
discredit or contempt of the person defamed.

Defamatory Imputation:
- imputation may cover:
1. Crime allegedly committed by the offended
party
2. Vice or defect, real or imaginary, of offended
party
3. Any act, omission, condition, status of, or
circumstances relating to the offended party

Libel public and malicious imputation of a crime,
or of a vice or defect, real or imaginary, or any act,
omission, condition, status, or circumstance tending
to cause the dishonor, discredit, or contempt of a
natural or juridical person, or to blacken the memory
of one who is dead

Imputation sufficient if it causes:
1. Dishonor (disgrace/shame/ignominy);
2. Discredit (loss of credit/reputation, disesteem);
or
3. Contempt (state of being despised) of natural or
juridical person; or
4. Blacken memory of one who is dead
354
Requiremen
t for
Publicity
Malice is Not Presumed in the Following:
1. Private communication made by person to
another in performance of any legal, moral or
social duty
a. Person who made communication had a
legal, moral or social duty to make
communication, or, at least, he had an
interest to be upheld
b. The communication is addressed to an
officer or a board, or superior, having
some interest or duty in the matter
c. The statements in the communication are
made in good faith without malice (in fact)

2. Fair and True Report
a. That it is a fair and true report, made in
good faith, without any comments or
remarks, of any judicial, legislative, or other
official proceedings which are not of
confidential nature, or of any statement,
report, or speech delivered in said
proceedings, or of any other act performed
by public officers in the exercise of their
functions
b. That it is made in good faith
c. That it is without comments or remarks
355
Libel By
Means of
Writings or
Similar
Means
Libel May be Committed: writing, printing,
lithography, engraving, radio, phonograph, painting,
theatrical exhibition, cinematographic exhibition, or
any similar means

356
Threatening
to Publish
and Offer to
Prevent
Such
Publication
Acts Punished:
1. By threatening another to publish a libel
concerning him, or his parents, spouse, child, or
other members of his family
2. By offering to prevent the publication of such
libel for compensation, or money consideration
357 1. That the offender is a reporter, editor or
Prohibiting
Publication
of Acts
Referred to
in the
Course of
Official
Proceedings
manager of a newspaper daily or magazine
2. That he publishes facts connected with the
private life of another
3. That such facts are offensive to the honor,
virtue, and reputation of said person

358
Slander
Slander oral defamation

Two Kinds:
1. Simple Slander
2. Grave Slander
359
Slander by
Deed
1. That the offender performs any act not included
in any other crime against honor
2. That such act is performed in the presence of
other person or persons
3. That such act casts dishonor, discredit or
contempt upon the offended party

Slander by Deed crime against honor which is
committed by performing any act which casts
dishonor, discredit, or contempt upon another
person

Kinds of Slander
1. Simple Slander by Deed
2. Grave Slander by Deed
360
Persons
Responsible

1. Person who publishes, exhibits or causes the
publication or exhibition of any defamation in
writing or similar means
2. The author or editor of a book or pamphlet
3. The editor or business manager of a daily
newspaper magazine or serial publication
4. The owner of the printing plant which
publishes a libelous article with his consent and
all other person who in any way participate in
or have connection with its publication

Venue when one is a public officer
1. With office in Manila CFI of Manila or city; or
province where the libelous article is printed
and first published
2. Does not hold office in Manila CFI of province
or city where he held office at time of
commission of offense; or where printed and
first published
361
Proof of
Truth
Proof of Truth is Admissible in any of the
Following:
1. When the act or omission imputed constitutes a
CRIME regardless of whether the offended
party is a private individual or a public officer
2. When the offended party is a government
employee, even if the act or omission imputed
does not constitute a crime, provided, it is
related to the discharge of his official duties.

Requisites of Defense of Defamation:
1. If it appears that the matter charged as libelous
is true proof of truth in defamation is limited
to:
a. Act or omission constituting a crime
b. Act or omission of a public officer which,
although not constituting a crime, is
related to the discharge of his duties
2. It was published with good motives court
shall determine this by taking into
consideration intention and other circumstances
of each particular case
3. And for justifiable ends -
362
Libelous
Remarks
Libelous Remarks or comments connected with the
matter privileged under the provisions of Article 354,
if made with malice, shall NOT exempt the author
thereof nor the editor or managing editor of a
newspaper from criminal liability.
Page 37 of 41
363
Incriminatin
g Innocent
Person
1. That the offender performs an act
2. That by such act he directly incriminates or
imputes to an innocent person the commission
of a crime
3. That such act does not constitute perjury.
364
Intriguing
Against
Honor
Intriguing against honor is committed by any person
who shall make any intrigue which has for its
principal purpose to blemish the honor or reputation
of another person

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