Ateneo 2007 Criminal Law (Book 2) Part 2 PDF

Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

ARTICLE 238. ABANDONMENT OF OFFICE OR
POSITION.
ELEMENTS:
1. That the offender is a public officer;
2. That he formally resigns from his position;
3. That his resignation has not yet been
accepted; and
4. That he abandons his office to the
detriment of the public service.
There must be formal or written resignation.

The offense is qualified if the purpose
behind the abandonment is to evade the
discharge
of
duties
consisting
of
preventing, prosecuting or punishing any
of the crimes against national security. In
this case, the penalty is higher. This involves
the following crimes:
a. treason
b. conspiracy and proposal to commit
conspiracy
c. misprision of treason
d. espionage
e. inciting to war or giving motives to
reprisals
f. violation of neutrality
g. correspondence with hostile country
h. flight to enemy country
i. piracy and mutiny on the high seas
j. rebellion
k. conspiracy and proposal to commit
rebellion
l. disloyalty to public officers
m. inciting to rebellion
n. sedition
o. conspiracy to commit sedition
p. inciting to sedition
ABANDONMENT OF
OFFICE OR POSITION
(238)
There is actual
abandonment through
resignation to evade the
discharge of duties.
DERELICTION OF
DUTY (208)
Public officer does not
abandon his office but
merely fails to
prosecute a violation of
the law.
ARTICLE 239. USURPATION OF LEGISLATIVE

POWERS.
ELEMENTS:
1. That the offender is an executive or judicial
officer; and
2. That he (a) makes general rules or

regulations beyond the scope of his authority
or (b) attempts to repeal a law or (c)
suspends the execution thereof.
ARTICLE 240. USURPATION OF EXECUTIVE

FUNCTIONS.
ELEMENTS:
1. That the offender is a judge; and
2. That he (a) assumes a power pertaining to
the executive authorities, or (b) obstructs
executive authorities in the lawful exercise of
their powers.
Legislative officers are not liable for

usurpation of executive functions
ARTICLE 241. USURPATION OF JUDICIAL

FUNCTIONS.
ELEMENTS:
1. That the offender is an officer of the
executive branch of the government; and
2. That he (a) assumes judicial powers, or (b)
obstructs the execution of any order or
decision rendered by any judge within his
jurisdiction.
A mayor is guilty under this article when he

investigates a case while a justice of the
peace is in the municipality.
ARTICLE 242. DISOBEYING REQUEST FOR

DISQUALIFICATION.
ELEMENTS:
2. That a proceeding is pending before such
public officer;
3. That there is a question brought before the
proper authority regarding his jurisdiction,
which is not yet decided;
4. That he has been lawfully required to
refrain from continuing the proceeding; and
5. That he continues the proceeding.
ARTICLE 243. ADDRESSING ORDERS OR

REQUESTS BY EXECUTIVE OFFICER TO ANY
JUDICIAL AUTHORITY.
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ELEMENTS:
1. That the offender is an executive officer;
2. That he addresses any order or suggestion
to any judicial authority; and
3. That the order or suggestion relates to any
case or business coming within the exclusive
jurisdiction of the courts of justice.
Legislative or judicial officers are not liable

under this article.
ARTICLE 244. UNLAWFUL APPOINTMENTS.
TITLE EIGHT
CRIMES AGAINST PERSONS
ELEMENTS:
2. That he nominates or appoints a person to
a public office;
3. That such person lacks the legal
qualification therefor; and
4. That the offender knows that his nominee or
appointee lacks the qualification at the time
he made the nomination or appointment.
Recommending, knowing that the person

recommended is not qualified, is not a
crime.
There must be a law providing for the
qualifications of a person to be nominated
or appointed to a public office.
ARTICLE 245. ABUSES AGAINST CHASTITY

The penalties of prision correccional in its medium
and maximum periods and temporary special
disqualification shall be imposed:
ELEMENTS:
2. That he solicits or makes immoral or
indecent advances to a woman; and
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 care and custody
of prisoners or person 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.
The mother of the person in the custody of

the public officer is not included.
To solicit means to propose earnestly and
persistently something unchaste and immoral
to a woman.
The advances must be immoral or indecent.
The crime is consummated by mere
proposal.
Proof of solicitation is not necessary
when there is sexual intercourse.
Chapter One DESTRUCTION OF LIFE
ARTICLE 246. PARRICIDE.

ELEMENTS:
1. That a person is killed;
2. That the deceased is killed by the accused;
3. That the deceased is the
a. father, mother, or
b. child, whether legitimate or illegitimate, or
c. legitimate other ascendant or other
descendant, or
d. legitimate spouse of the accused.
The relationship of the offender with the

victim is the essential element of parricide.
Parents and children are not included in the
term ascendants or descendants.
The other ascendant or descendant must be
legitimate. On the other hand, the father,
mother or child may be legitimate or
illegitimate.
The child should not be less than 3 days
old. Otherwise, the offense is infanticide.
Relationship must be alleged and proved.
A stranger who cooperates in committing
parricide is liable for murder or homicide.
Even if the offender did not know that the
person he had killed is his son, he is still
liable for parricide because the law does
not require knowledge of the relationship.
ARTICLE 247. DEATH OR PHYSICAL INJURIES

UNDER EXCEPTIONAL CIRCUMSTANCES.
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ELEMENTS:
1. A legally married person or parent
surprises his spouse or daughter (the
latter must be under 18 and living with
them) in the act of committing sexual
intercourse with another person;
2. He/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; and
3. He has not promoted or facilitated the
prostitution of his wife or daughter, or that
he has not consented to the infidelity of
the other spouse.
This article does not define or penalize a

felony, the penalty is destierro.
It is not necessary that the parent be
legitimate for the application of this article.
This article applies only when the daughter is
single.
Surprise means to come upon suddenly or
unexpectedly.
Art. 247 is applicable even when the accused
did not see his spouse in the act sexual
intercourse with another person. It is enough
that circumstances reasonably show that the
carnal act is being committed or has been
committed.
Sexual intercourse does not include
preparatory acts.
Immediately thereafter means that the
discovery, escape, pursuit and the killing
must all form parts of one continuous act.
Immediately thereafter may be an hour
after proximate result of outrage
overwhelming accused after chancing upon
spouse in basest act of infidelity
The killing must be the direct by-product of
the rage of the accused.
No criminal liability is incurred when less
serious or slight physical injuries are inflicted.
Moreover, in case third persons caught in the
crossfire suffer physical injuries, the accused
is not liable for physical injuries. The principle
that one is liable for the consequences of his
felonious act is not applicable, because his
act under Art.247 does not amount to a
felony.
ARTICLE 248. MURDER
ELEMENTS:
1. That a person was killed;
2. That the accused killed him;
3. That the killing was attended by any of the

following qualifying circumstances:
a. with treachery, taking advantage of
superior strength, with the aid of
armed men, or employing means to
weaken the defense or of means or
persons to insure or afford impunity,
b. in consideration of price, reward or
promise,
c. by means of inundation, fire, poison,
explosion, shipwreck, stranding of
vessel, derailment or assault upon a
street car or locomotive, fall of
airship, by means of motor vehicles or
with the use of any other means involving
great waste or ruin,
d. on occasion of any of the calamities
enumerated in the preceding paragraph,
or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic or
any other public calamity,
e. with evident premeditation, or
f. with cruelty, by deliberately and
inhumanely augmenting the suffering
of the victim or outraging or scoffing at
his person or corpse; and
4. The killing is not parricide or infanticide.
The victim must be killed in order to

consummate the offense. Otherwise, it would
be attempted or frustrated murder.
That murder will exist with only one of the
circumstances described in Article 248.
When more than one of said circumstances
are present, the others must be considered
as generic aggravating.
That when the other circumstances are
absorbed or included in one qualifying
circumstance, they cannot be considered as
generic aggravating.
Any of the qualifying circumstances must be
alleged in the information. Otherwise, they
will only be considered as generic
aggravating circumstances.
Treachery and premeditation are inherent
in murder with the use of poison.
PEOPLE vs. SANTOS, GR 127492, 1/16/04

A sudden and unexpected attack under
circumstances which render the victim unable to
defend himself by reason of the suddenness and
severity of the attack constitutes alevosia.
PEOPLE vs. ERIC GUILLERMO, GR 147786,
1/20/04
Page 126 of 174

Dismemberment of a dead body is one manner of
outraging or scoffing at the corpse of the victim.
contemplated upon the mode to insure the killing.

The crime committed by appellant is homicide.
PEOPLE vs. MONTAEZ, GR 148257, 3/17/04

The barefaced fact that Daniel Sumaylo pleaded
guilty to the felony of homicide is not a bar to the
appellant being found guilty of murder as a principal.
It bears stressing that Sumaylo plea-bargained on his
re-arraignment. Even if the public prosecutor and the
father of the victim agreed to Sumaylo's plea, the
State is not barred from prosecuting the appellant for
murder on the basis of its evidence, independently of
Sumaylo's plea of guilt.
GOROSPE vs. PEOPLE, G.R. No. 147974. 1/29/04

No error was committed by the trial court in
characterizing the felonious assault as frustrated
homicide and convicting appellant therefor. The
appellant acted with intent to kill in firing the gun at
Miguel. Usually, the intent to kill is shown by the kind
of weapon used by the offender and the parts of the
victims body at which the weapon was aimed, as
shown by the wounds inflicted.
ARTICLE 249. HOMICIDE.

ELEMENTS:
1. That a person was killed;
2. That the accused killed him without any
justifying circumstances;
3. That the accused had the intention to kill,
which is presumed; and
4. That the killing was not attended by any of
the qualifying circumstances of murder,
or by that of parricide or infanticide.
Intent to kill is conclusively presumed when

death resulted. Hence, evidence of intent to
kill is required only in attempted or frustrated
homicide.
There is no crime of frustrated homicide
through negligence/imprudence.
When the wounds that caused death were
inflicted by 2 different persons, even if they
were not in conspiracy, each one of them is
guilty of homicide.
In all crimes against persons in which the
death of the victim is an element, there must
be satisfactory evidence of (1) the fact of
death and (2) the identity of the victim.
Penalty shall be one degree higher than that
imposed by law when the victim is under 12
years of age
Corpus delicti actual commission of crime
charged
PEOPLE vs. DELA CRUZ, G.R. No. 152176,

10/1/03
The qualifying circumstance of treachery was not
sufficiently established by the prosecution. The
prosecution witness did not see the actual stabbing of
the victim. Therefore, there is no way of determining
on how the attack was initiated. In the same way that
no testimony would prove that the appellant
ARADILLOS vs. COURT OF APPEALS G.R. No.

135619, 1/15/04
An accused may be convicted of slight, less serious
or serious physical injuries in a prosecution for
homicide or murder, inasmuch as the infliction of
physical injuries could lead to any of the latter
offenses when carried to its utmost degree despite
the fact that an essential requisite of the crime of
homicide or murder - intent to kill - is not required in a
prosecution for physical injuries.
ARTICLE 250. PENALTY FOR FRUSTRATED

PARRICIDE, MURDER OR HOMICIDE.
ARTICLE 251. DEATH IN A TUMULTUOUS

AFFRAY..
ELEMENTS:
1. That there be several persons;
2. That they did not compose groups
organized for the common purpose of
assaulting and attacking each other
reciprocally;
3. That these 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. That it cannot be ascertained who actually
killed the deceased; and
6. That the person or persons who inflicted
serious physical injuries or who used
violence can be identified.
Tumultuous affray exists when at least 4

persons take part in it.
When there are 2 identified groups of men
who assaulted each other, there is no
tumultuous affray.
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The person killed need not be a participant in

the affray
Those who used violence are liable for death
caused in a tumultuous affray only if it cannot
be determined who inflicted the serious
physical injuries on the deceased
Tumultuous in Article 153 more than three
persons who are armed or provided with
means of violence
PERSONS LIABLE:
1. person/s who inflicted serious physical
injuries
2. if it is not known who inflicted serious
physical injuries on the deceased, all
persons who used violence upon the
person of the victim.
ARTICLE 252. PHYSICAL INJURIES INFLICTED IN

A TUMULTUOUS AFFRAY.
ELEMENTS:
1. That there is a tumultuous affray as
referred to in the preceding article;
2. That a participant or some participants
thereof suffer serious physical injuries or
physical injuries of a less serious nature
only;
3. That the person responsible therefor cannot
be identified; and
4. That all those who appear to have used
violence upon the person of the offended
party are known.
ARTICLE 254. DISCHARGE OF FIREARMS.

ELEMENTS:
1. That the offender discharges a firearm
against or at another person; and
2. That the offender has no intention to kill
that person.
Persons liable: All those who have used

violence on the person of the offended party.
Injured party must be a participant of the
tumultous affray
If the one who caused physical injuries are
known, he will be liable for physical injuries
actually committed
Slight physical injuries not included
A pregnant woman who tried to commit

suicide by means of poison but instead of
dying, the fetus in her womb was expelled, is
not liable for abortion.
Assistance to suicide is different from mercykilling. Euthanasia or mercy-killing is the
practice of painlessly putting to death a
person suffering from some incurable
disease. In this case, the person does not
want to die. A doctor who resorts to
euthanasia may be held liable for murder.
Penalty is mitigated if suicide is not
successful.
The offender must shoot at another with any

firearm without intention of killing him. If the
firearm is not discharged at a person, the act
is not punished under this article.
A discharge towards the house of the victim
is not discharge of firearm. Firing a gun at the
house of the offended party, not knowing in
what part of the house the people were, is
only alarm under Art. 155.
Usually, the purpose of the offender is only to
intimidate or frighten the offended party.
Intent to kill is negated by the fact that the
distance between the victim and the
offender is 200 yards.
A person can be held liable for discharge
even if the gun was not pointed at the
offended party when it fired as long as it
was initially aimed at or against the
offended party.
ARTICLE 255. INFANTICIDE

ARTICLE 253. GIVING ASSISTANCE TO SUICIDE.
ACTS PUNISHABLE:
1. Assisting another to commit suicide, whether
the suicide is consummated or not.
2. Lending his assistance to another to commit
suicide to the extent of doing the killing
himself.
A person who attempts to commit suicide is

not criminally liable.
ELEMENTS:
1. That a child was killed;
2. That the deceased child was less than three
days (72 hours) of age; and
3. That the accused killed the said child.
When the offender is the father, mother or

legitimate ascendant, he shall suffer the
penalty prescribed for parricide. If the
offender is any other person, the penalty is
Page 128 of 174

that for murder. In either case, the proper

qualification for the offense is infanticide.
When infanticide is committed by the mother
or maternal grandmother of the victim in
order to conceal the mothers dishonor,
such fact is only mitigating.
The delinquent mother who claims that she
committed the offense to conceal the
dishonor must be of good reputation.
Hence, if she is a prostitute, she is not
entitled to a lesser penalty because she has
no honor to protect.
There is no infanticide when the child was
born dead, or although born alive it could not
sustain an independent life when it was
killed.
3. That the violence is intentionally exerted;

and
4. That as a result of the violence the fetus
dies, either in the womb or after having been
expelled therefrom.
ARTICLE 256. INTENTIONAL ABORTION

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 of the use of violence or
drugs or beverages upon her, or any other
act of the accused, the fetus dies, either in
the womb or after having been expelled
therefrom.
4. That the abortion is intended.
A fetus about six months old cannot subsist

by itself, outside the maternal womb.
Abortion usually means expulsion before 6th
month or before term of its viability
Viada: Abortion, as long as fetus dies as a
result of violence used or drugs administered
Infanticide, if: (1) Fetus could sustain
independent life after its separation from
maternal womb, and (2) it is killed
Fetus survives in spite of attempt to kill it or
use of violence:
a. Abortion intended, all acts of execution
performed frustrated intentional
abortion
b. Abortion not intended, fetus does not die
physical injuries
No frustrated unintentional abortion
ARTICLE 257. UNINTENTIONAL ABORTION.

ELEMENTS:
1. That there is a pregnant woman;
2. That violence is used upon such pregnant
woman without intending an abortion;
Committed only by violence(giving of bitter

substance with no intention to cause abortion
is not unintentional abortion)
Violence must be intentionally exerted
Unintentional abortion may be complexed
with other crimes such as parricide or
homicide
Unintentional abortion can also be
committed through negligence. (People vs.
Jose)
The accused can only be held liable if he
knew that the woman was pregnant.
If there is no intention to cause abortion
and neither was violence exerted, Arts.
256 and 257 does not apply.
ARTICLE 258. ABORTION PRACTICED BY THE

WOMAN HERSELF OR BY HER PARENTS.
ELEMENTS:
1. That there is a pregnant woman who has
suffered an abortion;
2. That the abortion is intended; and
3. That the abortion is caused by
a. the pregnant woman herself
b. any other person, with her
consent, or
c. any of her parents, with her
consent for the purpose of
concealing her dishonor.
The liability of the pregnant woman is

mitigated if the purpose is to conceal her
dishonor. However, there is no mitigation for
the parents of the pregnant women even if
their purpose is to conceal their daughters
dishonor, unlike in infanticide.
ARTICLE 259. ABORTION PRACTICED BY A

PHYSICIAN OR MIDWIFE AND DISPENSING OF
ABORTIVES.
ELEMENTS:
1. That there is a pregnant woman who has
suffered an abortion;
2. That the abortion is intended;
3. That the offender, who must be a physician
or midwife, causes or assists in causing the
abortion; and
Page 129 of 174

4. That said physician or midwife takes
advantage of his or her scientific
knowledge or skill.
It is not necessary that the pharmacist knew

that the abortive would be used to cause
abortion. What is punished is the act of
dispensing an abortive without the proper
prescription. It is not necessary that the
abortive be actually used.
If the pharmacist knew that the abortive
would be used to cause abortion and
abortion results, he is liable as an
accomplice.
RA 4729: regulates the sale, dispensation,
and/or distribution of contraceptive drugs and
devices
It is not unlawful if Sale, dispensation or
distribution of contraceptive drug or
contraceptive device is by a duly licensed
drug store or pharmaceutical company and
with prescription of qualified medical
practitioner
ARTICLE 260. RESPONSIBILITY OF

PARTICIPANTS IN A DUEL.
ACTS PUNISHED:
1. Killing ones adversary in a duel.
2. Inflicting upon the adversary serious
physical injuries.
3. Making combat although no physical injuries
have been inflicted.
PERSONS LIABLE:
1. Principals person who killed or inflicted
physical injuries upon his adversary, or both
combatants in any other cases.
2. Accomplices as seconds
A duel is a formal or regular combat

previously concerted between 2 parties in the
presence of 2 or more seconds of lawful age
on each side, who make the selection of
arms and fix all the other conditions of the
fight.
If death results, the penalty is the same as
that for homicide.
The law disregards intent to kill in a duel
In case of slight physical injuries inflicted on
another, penalty is arresto menor, 3rd
paragraph applies only when no physical
injuries are inflicted
ARTICLE 261. CHALLENGING TO A DUEL.
ACTS PUNISHABLE:
1. Challenging another to a duel.
2. Inciting another to give or accept a
challenge to a duel.
3. Scoffing at or decrying another publicly for
having refused to accept a challenge to fight
a duel.
PERSONS LIABLE:
1. Challenger
2. Instigators
Chapter Two PHYSICAL INJURIES
ARTICLE 262. MUTILATION.

KINDS OF MUTILATION:
1. Intentionally mutilating another by depriving
him, totally or partially, of some essential
organ for reproduction.
2. Intentionally making other mutilation, i.e.
lopping, clipping off any part of the body of
the offended party, other than the essential
organ for reproduction, to deprive him of that
part of his body.
ELEMENTS OF THE FIRST KIND OF MUTILATION:
1. Castration, i.e. mutilation of organs
necessary for generation such as the penis
or ovarium; and
2. Purposely and deliberately.
In the first kind of mutilation, the castration

must be made purposely. Otherwise, it will
be considered as mutilation of the second
kind.
Mayhem refers to any other intentional
mutilation.
Under R.A. 7610, the penalty for the second
type of mutilation shall be one degree higher
when the victim is below 12 years old.
ARTICLE 263. SERIOUS PHYSICAL INJURIES.

HOW COMMITTED:
1. Wounding;
2. Beating;
3. Assaulting; or
4. Administering injurious substances.
Page 130 of 174

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, loses an eye, a hand,
foot, arm or leg,
b. loses the use of any such member, or
c. becomes incapacitated for the work in
which he had been habitually engaged
3. When the injured person
a. becomes deformed,
b. loses any other member of his body,
c. loses the use thereof, or
d. becomes ill or incapacitated for the
performance of the work in which he
had been habitually engaged in for more
than 90 days
4. When the injured person becomes ill or
incapacitated for labor for more than 30
days (but not more than 90 days).
Serious physical injuries may be committed

through reckless imprudence or simple
imprudence.
There must be no intent to kill.
Impotence includes inability to copulate and
sterility.
Blindness requires lost of vision in both
eyes. Mere weakness in vision is not
contemplated.
Loss of power to hear must involve both
ears. Otherwise, it will be considered as
serious physical injuries under par 3.
Loss of the power to hear in the right ear is
considered as merely loss of use of some
other part of the body.
Loss of use of hand or incapacity of usual
work in paragraph 2 must be permanent.
Paragraph 2 refers to principal members of
the body. Paragraph 3, on the other hand,
covers any other member that is not a
principal part of the body. In this respect, a
front tooth is considered as a member of the
body and not a principal member.
Deformity
means
physical
ugliness,
permanent and definite abnormality that is
not curable by natural means or by nature.
It must be conspicuous and visible. Thus, if
the scar is usually covered by a dress, it
would not be conspicuous and visible. Loss
of teeth as deformity will not apply to child or
old man.
The loss of 3 incisors is a visible deformity.

Loss of one incisor is not. However, loss of
one tooth which impaired appearance is a
deformity.
Deformity by loss of teeth refers to injury
which cannot be repaired by the action of
nature.
Loss of both outer ears, loss of the power to
hear, and loss of the lobule of the ear
constitute deformity.
Loss of the index and middle fingers is either
a deformity or loss of a member, not a
principal one, of his body or use of the same.
If the injury would require medical attendance
for more than 30 days, the illness of the
offended party may be considered as lasting
more than 30 days. The fact that there was
medical attendance for that period of time
shows that the injuries were not cured for
that length of time.
Under paragraph 4, all that is required is
illness or incapacity, not medical attendance.
In determining incapacity, the injured party
must have an avocation or work at the time
of the injury. Work includes studies or
preparation for a profession.
When the category of the offense of serious
physical injuries depends on the period of the
illness or incapacity for labor, there must be
evidence of the length of that period.
Otherwise, the offense will only be
considered as slight physical injuries.
There is no incapacity if the injured party
could still engage in his work although less
effectively than before.
Serious physical injuries is qualified when
the crime is committed against the same
persons enumerated in the article on
parricide or when it is attended by any of the
circumstances defining the crime of
murder. However, serious physical injuries
resulting from excessive chastisement by
parents is not qualified serious physical
injuries.
ARTICLE 264. ADMINISTERING INJURIOUS

SUBSTANCES OR BEVERAGES.
ELEMENTS:
1. That the offender inflicted upon another
person any serious physical injury;
2. That
it
was
done
by
knowingly
administering to him any injurious
substances or beverages or by taking
Page 131 of 174

advantage of his weakness of mind or
credulity; and
3. He had no intent to kill.
It is frustrated murder when there is intent to

kill
Administering means introducing into the
body the substance, thus throwing of the acid
in the face is not contemplated.
Weakness of mind or credulity witchcraft,
philters, magnetism
ARTICLE 265. LESS SERIOUS PHYSICAL

INJURIES.
ELEMENTS:
1. That the offended party is incapacitated for
labor for 10 days or more (but not more
than 30 days), or needs medical
attendance for the same period of time; and
2. That the physical injuries must not be those
described in the preceding articles.
CIRCUMSTANCES QUALIFYING THE OFFENSE:
1. when there is manifest intent to insult or
offend the injured person
2. when there are circumstances adding
ignominy to the offense
3. when the victim is either the offenders
parents, ascendants, guardians, curators
or teachers
4. when the victim is a person of rank or person
in authority, provided the crime is not
direct assault
This article applies even if there was no

incapacity but the medical treatment was for
more than 10 days.
ARTICLE 266. SLIGHT PHYSICAL INJURIES AND

MALTREATMENT
THREE (3) KINDS:
1. That which incapacitated the offended party
for labor from 1-9 days or required medical
attendance during the same period.
2. That which did not prevent the offended
party from engaging in his habitual work
or which did not require medical
attendance (Ex. blackeye).
3. Ill-treatment of another by deed w/o
causing any injury. (Ex. slapping but w/o
causing dishonor)
When there is no evidence of actual injury

Supervening event converting crime into
serious physical injuries after filing of
information can still be the subject of a new
charge
ANTI-HAZING LAW (R. A. NO. 8049)
HAZING is an initiation rite or practice as a

prerequisite for admission into membership in a
fraternity, sorority or organization by placing the
recruit, neophyte or applicant in some embarrassing
or humiliating situations such as forcing him to do
menial, silly, foolish and other similar tasks or
activities or otherwise subjecting him to physical or
psychological suffering or injury.
PERSONS LIABLE:
1. The officers and members of the fraternity,
sorority or organization who actually
participated in the infliction of physical harm
shall be liable as principals if the person
subjected to hazing or other forms of
initiation rites suffers any physical injury or
dies as a result thereof;
QUALIFYING CIRCUMSTANCES:
a. when the recruitment is accompanied
by force, violence, threat, intimidation
or deceit on the person of the recruit
who refuses to join;
b. when the recruit, neophyte or applicant
initially consents to join but upon
learning that hazing will be committed
on his person, is prevented from
quitting;
c. when the recruit, neophyte or applicant
having undergone hazing is prevented
from reporting the unlawful act to his
parents or guardians, to the proper
school authorities, or to the police
authorities, through force, violence,
threat or intimidation;
d. when the hazing is committed outside of
the school or institution; or
e. when the victim is below twelve (12)
years of age at the time of the hazing.
2. The school authorities including faculty
members who consent to the hazing or who
have actual knowledge thereof, but failed
to take any action to prevent the same from
occurring shall be punished as accomplices
Page 132 of 174

for the acts of hazing committed by the
perpetrators;
3. The officers, former officers, or alumni of
the organization, group, fraternity or sorority
who actually planned the hazing although
not present when the acts constituting the
hazing were committed shall be liable as
principals.
4. A fraternity or sorority's adviser who is
present when the acts constituting the
hazing were committed and failed to take
action to prevent the same from occurring
shall be liable as principal.
The presence of any person during the

hazing is prima facie evidence of
participation therein as principal unless
he prevented the commission of the illegal
acts.
Any person charged under this provision
shall not be entitled to the mitigating
circumstance that there was no intention
to commit so grave a wrong.
RA 9262 ANTIVIOLENCE AGAINST WOMEN

AND THEIR CHILDREN ACT OF 2004
What is the Battered Woman Syndrome? What is

its effect on the criminal liability of the accused?
Battered Woman Syndrome refers to a scientifically
defined pattern of psychological and behavioral
symptoms found in women living in battering
relationships as a result of cumulative abuse. Battery
refers to any act of inflicting physical harm upon the
woman or her child resulting to physical and
psychological or emotional distress.
Victim-survivors who are found by the courts to be
suffering from Battered Woman Syndrome do not
incur any criminal or civil liability notwithstanding the
absence of any of the elements for justifying
circumstances of self-defense under the RPC.
PEOPLE vs. GENOSA, G.R. No. 135981. 1/15/04
In order to be classified as a battered woman, the
accused and her spouse must go through the
battering cycle at least twice. Any woman may find
herself in an abusive relationship with a man once. If
it occurs a second time, and she remains in the

situation, she is defined as a battered woman.
Chapter Three. RAPE
ARTICLE 266A-266B. RAPE

The Anti-Rape Law of 1997 (RA 8353) now
classified the crime of rape as a Crime Against
Persons. It incorporated rape into Title 8 of the
RPC.
ELEMENTS:
Rape is committed 1. By a man who shall have carnal knowledge of a
woman
under
any
of
the
following
circumstances:
a. through force, threat or intimidation;
b. when the offended party is deprived of
reason or otherwise unconscious;
c. by means of fraudulent machination or
grave abuse of authority; or
d. when the offended party is under 12 years
of age or is demented, even though none
of the circumstances mentioned above be
present.
2. By any person who, under any of the
circumstances mentioned in paragraph 1 hereof,
shall commit an act of sexual assault by
inserting
a. his penis into another persons mouth or
anal orifice; or
b. any instrument or object, into the genital
or anal orifice of another person.
Rape committed under paragraph 1 is punishable
by:
1. reclusion perpetua
2. reclusion perpetua to DEATH when:
a. victim became insane by reason or on
the occasion of rape; or
b. the rape is attempted and a homicide
is committed by reason or on the
occasion thereof.
3. DEATH when:
a. homicide is committed;
b. victim is under 18 years old and
offender is:
i. parent,
ii. ascendant,
iii. step-parent,
iv. guardian,
Page 133 of 174

v.
c.
d.
e.
f.
g.
h.
i.
j.
k.
relative by consanguinity or affinity

within the 3rd civil degree,
vi. common law spouse of victims
parent;
under the custody of the police or
military authorities or any law
enforcement or penal institution;
committed in full view of the spouse,
parent or any of the children or other
relatives within the 3rd degree of
consanguinity;
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;
a child below 7 years old;
offender knows he is afflicted with HIV
or AIDS or any other sexually
transmissible disease and the virus is
transmitted to the victim;
offender is a member of the AFP, or
para-military units thereof, or the PNP, or
any law enforcement agency or penal
institution, when the offender took
advantage of his position to facilitate
the commission of the crime;
the victim suffered permanent physical
mutilation or disability;
the offender knew of the pregnancy of
the offended party at the time of the
commission of the crime; and
when the 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.
Rape committed under paragraph 2 is punishable

by:
1. prision mayor
2. prision mayor to reclusion temporal when:
a. there was use of deadly weapon, or
b. when committed by two or more
persons.
3. reclusion temporal when the victim has
become insane
4. reclusion temporal to reclusion perpetua
rape is attempted and homicide is
committed
5. reclusion perpetua homicide is committed
by reason or on occasion of rape
6. reclusion temporal committed with any of
the
10
aggravating
circumstances
mentioned above
Dividing age in rape:

1. less than 7 years old - mandatory death
2. less than 12 years old - statutory rape
3. less than 18 years old and there is
relationship (e.g. parent, etc.) - mandatory
death
Degree of Force necessary:
1. Force sufficient to consummate culprits
purpose
2. Consider age, size and strength of parties
and their relation to each other
Rape may be committed by employing

intimidation(Intimidation Moral kind)
When the offender in rape has an ascendancy or
influence over the girl, it is not necessary to put
up determined resistance
Rape may be proved by testimony of woman
alone
1. An accusation for rape can be made with
facility, is difficult to prove, but more difficult
for person accused, though innocent, to
disprove
2. Nature only two persons are involved,
testimony of complainant must be scrutinized
with extreme caution
3. The evidence for prosecution must stand or
fall on its own merits, and cannot be allowed
to draw strength from weakness of evidence
for defense
Deprivation of reason contemplated by law need
not be complete, mental abnormality or
deficiency is sufficient
CONSUMMATED RAPE: penetration of labia
consummates the crime of rape
ATTEMPTED RAPE: intent to have carnal
knowledge must be clearly shown
Multiple rape by two or more offenders each
one is responsible not only for rape personally
committed, but also for rape committed by others
Rape with homicide is now a special complex
crime
Rape infecting victim with gonorrhea that caused
death is an illustration of rape with homicide
Indemnity in Rape: P50,000 mandatory; if
circumstances which death penalty is authorized
P75,000; Rape with homicide P100,000
Moral damages P50,000, without need of
proof
Exemplary damages if crime committed with
one or more aggravating circumstances
PEOPLE vs.NEQUIA, G.R. No. 146569.10/6/03
Page 134 of 174

In rape by sexual assault, the word "instrument or
object" should be construed to include a human
finger.
ORDINARIO vs. PEOPLE G.R. No. 155415. 520/04
The definition of the crime of rape has been
expanded with the enactment of Republic Act No.
8353, otherwise known as the Anti-Rape Law of
1997, to include not only "rape by sexual intercourse"
but now likewise "rape by sexual assault." An act of
sexual assault under the second paragraph of the
article can be committed by any person who, under
the circumstances mentioned in the first paragraph of
the law, inserts his penis into the mouth or anal
orifice, or any instrument or object into the genital or
anal orifice, of another person. The law, unlike rape
under the first paragraph of Article 266-A of the
Code, has not made any distinction on the sex of
either the offender or the victim. Neither must the
courts make such distinction.
PEOPLE vs. BALLENO G.R. No. 149075. 8/7/03
The fact that no laceration and no ruptured hymen
were found in this case, does not necessarily negate
rape. The fact that the hymen was intact upon
examination does not, likewise, belie rape, for a
broken hymen is not an essential element of rape,
nor does the fact that the victim remained a virgin
exclude the crime.
PEOPLE vs. NAVARRO, G.R. No. 137597.
10/24/03
Even the slightest contact of the penis with the labia
under the circumstances enumerated under Art. 266A of the Revised Penal Code constitutes rape. A
flaccid penis can do as much damage as an erect
one at least insofar as the crime of rape is
concerned.
PEOPLE vs. AGSAOAY, G.R. Nos. 132125-26.
6/3/04
An unchaste woman who habitually goes out with
different men may be a victim of rape. The victims
moral character is not among the elements of the
crime of rape. It does not negate the existence of
rape.
PEOPLE vs. LALINGJAMAN, G.R. No. 132714.

6/6/01
Rape may be committed anywhere even in places
where people congregate such as parks, along the
road side, within school premises, and inside a house
where there are other occupants. The beast in him

bears no respect for time and place.
PEOPLE vs. OLAYBAR G.R. Nos. 150630-31.
101/03
The trial court has decreed the penalty of death on
account of circumstance under Article 266-A, i.e., that
when "the offender knows that he is afflicted with
Human Immuno-Deficiency Virus (HIV), Acquired
Immune Deficiency Syndrome (AIDS) or any other
sexually transmissible disease and the virus or
disease is transmitted to the victim," the imposition of
the extreme penalty of death would be warranted.
PEOPLE vs. DE LA TORRE G.R. Nos. 121213 &
121216-23. 1/13/04
An accused may be considered a principal by direct
participation, by inducement, or by indispensable
cooperation. This is true in a charge of rape against a
woman, provided of course a man is charged
together with her. Thus, in two cases the Court
convicted the woman as a principal by direct
participation since it was proven that she held down
the complainant in order to help her co-accused
spouse consummate the offense.
PEOPLE vs. ESPINOSA G.R. No. 138742 6/15/04
Absence of resistance does not mean consent. The
complainant was only 14 years old when the rape
took place. At her age, it could easily be conceived
that she feared the appellant and believed his
threats, that he would kill her and her family if she
reported the incident to anyone. The test is whether
the threat or intimidation produces a reasonable fear
in the mind of the victim that if she resists or does not
yield to the desires of the accused, the threat would
be carried out.
PEOPLE vs. MALONES, G.R. Nos. 124388-90.
3/11/04
The negative findings of spermatozoa on the medicolegal report does not prove that no rape was
committed.
PEOPLE vs. ROTE, G.R. No. 146188, 12/11/03
Where the girl is below 12 years old, the only subject
of inquiry is whether carnal knowledge took place.
Proof of force, intimidation or consent is unnecessary
since none of these is an element of statutory rape.
There is a conclusive presumption of absence of free
consent of the rape victim is below the age of 12.
PEOPLE vs.SABARDAN, G.R. No. 132135. 5/21/04
Page 135 of 174

When the original and primordial intention of the
appellant in keeping the victim in his apartment was
to rape her and not to deprive her of her liberty, the
appellant is guilty only of rape under Article 335,
paragraph 1 of the Revised Penal Code, and not of
the complex crime of serious illegal detention with
rape under Article 267, in relation to Articles 335 and
48 of the Code.
PEOPLE vs. BALATAZO, G.R. No. 118027. 1/29/04
Force or intimidation may be actual or constructive. In
this case, the victim is a mental retardate. The
appellant took advantage of her condition and
succeeded in having sexual intercourse with her.
Hence, he is guilty of forcible rape.
PEOPLE vs. FUCIO, G.R. Nos. 151186-95. 2/13/04
The qualifying circumstance of minority and
relationship does not include god-father relationship
PEOPLE vs. ANCHETA, G.R. No. 142431. 1/14/04
To justify the imposition of the death penalty in cases
of incestuous rape, the concurrence of the minority of
the victim and her relationship to the offender
constitutes one special qualifying circumstance which
must be both alleged and proved with moral certainty.
have sex against her will. Definitely a man can

neither demand sexual gratification from a fiance
nor employ violence upon her, on the pretext of love.
PEOPLE vs. JOEL AYUDA G.R. No. 128882.
10/2/03
A "sweetheart defense," to be credible, should be
substantiated by some documentary or other
evidence of the relationship like mementos, love
letters, notes, pictures and the like. Here, no such
evidence was ever presented by appellant.
PEOPLE vs. ACERO, G.R. Nos. 146690- 91.

3/17/04
A defense based on sweetheart theory in rape
cases is not a defense at all in rape where the victim
is a mental retardate.
PEOPLE vs. OGA, G.R. No. 152302. 6/8/04
Sweetheart theory prevails as a defense in rape
when it casts reasonable doubt as to the guilt of the
accused.
ARTICLE 266-C. EFFECT OF PARDON.
PEOPLE OF THE PHILIPPINES vs. MAURICIO

WATIWA, G.R. No. 139400, September 3, 2003
In Qualified Rape, the term guardian refers to a
legal guardian as in the case of parents or guardian
ad litem or judicial guardian appointed by the court,
and not merely to an uncommitted caretaker over a
limited period of time.
PEOPLE OF THE PHIL. vs. LAMBID G.R. Nos.
133066-67, October 1, 2003
The force or violence necessary in rape is a relative
term that depends not only on the age, size, and
strength of the persons involved but also on their
relationship to each other. In a rape committed by a
father against his own daughter, the former's parental
authority and moral ascendancy substitutes for
violence or intimidation over the latter who,
expectedly, would just cower in fear and resign to the
father's wicked deeds.
Subsequent valid marriage between the offender

and the offended party extinguishes the
criminal action or the penalty imposed.
A husband may be guilty of raping his wife.
When the legal husband is the offender,
subsequent
forgiveness
of
the
wife
extinguishes the criminal action or penalty.
This does not follow if the marriage is void ab
initio.
ARTICLE 266-D. PRESUMPTIONS.

EVIDENCE WHICH MAY BE ACCEPTED FOR THE
PROSECUTION OF RAPE:
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.
PEOPLE OF THE PHILIPPINES vs. ANTHONY

SANDIG G.R. No. 143124. 7/25/03
The mere assertion of a love relationship does not
necessarily rule out the use of force to consummate
the crime of rape. A sweetheart cannot be forced to
Page 136 of 174

TITLE NINE
CRIMES AGAINST PERSONAL LIBERTY AND
SECURITY
PEOPLE vs. PICKRELL, G.R No. 120409. 10/23/03

Although the victim my have inceptually consented to
go with the offender to a place but the victim is
thereafter prevented, with the use of force, from
leaving the place where he was brought to with his
consent and is detained against his will, the offender
is guilty of kidnapping and serious illegal detention.
Chapter One. Crimes Against Liberty
Section One. Illegal Detention

ARTICLE 267. KIDNAPPING AND SERIOUS
ILLEGAL DETENTION
ELEMENTS:
1. That the offender is a private individual;
2. That he kidnaps or detains another, or in any
other manner deprives the liberty;
3. That the act of detention or kidnapping must be
illegal; and
4. That in the commission of the offense, any of the
following circumstances are present (
detention becomes serious):
a. that the kidnapping/detention lasts for more
than 3 days,
b. that it is committed by simulating public
authority,
c. that any serious physical injuries are
inflicted upon the person kidnapped or
detained or threats to kill him are made, or
d. that the person kidnapped or detained is a
minor (except if parent is the offender),
female or a public officer.
Death is imposed in the following instances: [death
penalty suspended]
1. if kidnapping is committed for the purpose of
extorting ransom either from the victim or from
any other person even if none of the
aforementioned circumstances are present in the
commission of the offense; and
2. when the victim is killed or dies as a
consequence of the detention or is raped or is
subjected to torture or dehumanizing acts.
PEOPLE vs. OBESO G.R. No. 152285. 10/24/03
It is true that for kidnapping to take place, it is not
necessary that the victim be placed in an enclosure;
neither is it necessary that the detention be
prolonged. However, the essence of kidnapping is
the actual deprivation of the victim's liberty coupled
with indubitable proof of the intent of the accused to
effect such deprivation.
PEOPLE vs. PUA, G.R. NO. 144050. 11/11/03

The penalty shall be death where the kidnapping or
detention was committed for the purpose of extorting
ransom from the victim or any other person, even if
none of the circumstances mentioned in Article 267
were present in the commission of the offense
ILLEGAL DETENTION
Committed by a private
individual who unlawfully
kidnaps, detains or
otherwise deprives a
person of liberty.
Crime is against personal
liberty and security
ARBITRARY
DETENTION
Committed by a public
officer or employee who
detains a person without
legal ground
Crime against the
fundamental law of the
State
ARTICLE 268. SLIGHT ILLEGAL DETENTION

ELEMENTS:
1. That the offender is a private person;
2. That he kidnaps or detains another or in any
other manner deprives the liberty or he
furnishes the place for the perpetuation of the
detention;
3. That the act of detention or kidnapping must be
illegal;
4. That the crime is committed without the
attendance of any of the circumstances
enumerated in Art. 267.
PRIVILEGED MITIGATING CIRCUMSTANCE:
If the offender:
1. voluntarily releases the person so kidnapped or
detained within 3 days from the commencement
of the detention;
2. without having attained the purpose intended;
and
3. before the institution of criminal proceedings
against him.
ARTICLE 269. UNLAWFUL ARREST

Page 137 of 174

ELEMENTS:
1. That the offender arrests or detains another
person;
2. That the purpose of the offender is to deliver
him to the proper authorities; and
3. That the arrest or detention is not authorized
by law or there is no reasonable ground
therefor.
ELEMENTS:
1. That the offender purchases, sells, kidnaps or
detains a human being; and
2. That the purpose of the offender is to enslave
such human being.
Qualifying circumstance if the purpose is some
immoral traffic (Ex. prostitution).
ARTICLE 273. EXPLOITATION OF CHILD LABOR
Offender is any person. Either a public officer or

private individual may be liable.
Arrest/ detention refers to warrantless arrests.
In Article 125 (Delay in the delivery of detained
persons to the proper judicial authorities), the
detention is for some legal ground. While in an
unlawful arrest, the detention is not authorized by
law.
ELEMENTS:
1. That the offender retains a minor in his service;
2. That it is against the will of the minor; and
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.
Indebtedness is not a ground for detention
ARTICLE 270. KIDNAPPING AND FAILURE TO

RETURN A MINOR
ELEMENTS:
1. That the offender is entrusted with the custody
of a minor person ; and
2. That he deliberately fails to restore the said
minor to his parents.
ARTICLE 271. INDUCING A MINOR TO ABANDON

HIS HOME
ELEMENTS:
1. That the minor is living in the home of his
parents or guardians or the person entrusted with
his custody; and
2. That the offender induces a minor to abandon
such home.
Inducement must be actual, committed with

criminal intent and determined by a will to
cause damage.
The minor should not leave his home of his
own free will.
Mitigated if committed by the father or mother
of the victim.
The minor need not actually abandon his home
or home of guardian. Mere commission of any
act which tends to influence, persuade or prevail
on a minor to abandon his home is what
constitutes a crime.
ARTICLE 272. SLAVERY
ARTICLE 274. SERVICES RENDERED UNDER

COMPULSION IN PAYMENT OF DEBT
ELEMENTS:
1. That the offender compels a debtor to work for
him, either as household servant or farm
laborer;
2. That it is against the debtors will; and
3. That the purpose is to require or enforce the
payment of a debt.
Chapter Two. CRIMES AGAINST SECURITY
ARTICLE 275. ABANDONMENT OF PERSON IN

DANGER AND ABANDONMENT OF ONES OWN
VICTIM.
ACTS PUNISHABLE:
1. By failing to render assistance to any person
whom the offender finds in an uninhabited place
wounded or in danger of dying, when he can
render such assistance without detriment to
himself, unless such omission shall
constitute a more serious offense;
ELEMENTS:
a. That place is not inhabited.
b. The accused found there a person wounded
or in danger of dying.
c. The accused can render assistance without
detriment to himself.
Page 138 of 174

a. That the offender is a parent;
b. That he neglects his children by not giving
them education; and
c. That his station in life requires such
education and his financial condition
permits it.
d. The accused fails to render assistance.

2. By failing to help or render assistance to another
whom the offender has accidentally wounded
or injured;
3. By 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. (may be applied to a lost child)
ARTICLE 276. ABANDONING A MINOR.
ELEMENTS:
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; and
4. That he has no intent to kill the child when the
latter is abandoned.
Abandonment must be conscious, deliberate, and

permanent.
Qualifying circumstances:
a. death of the minor; or
b. life was in danger because of the
abandonment.
Parent guilty of abandoning their children shall be
deprived of parental authority.
ARTICLE 277. ABANDONMENT 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 w/o 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;
ELEMENTS:
a. Offender has charge of the rearing or
education of a minor;
b. He delivers said minor to a public institution
or other persons.; and
c. That the one who entrusted such child to the
offender has not consented to such act; or if
the one who entrusted such child to the
offender is absent, the proper authorities
have not consented to it.
2. By neglecting his children by not giving them
education which their station in life requires and
financial condition permits;
Obligation to educate children terminates if

mother and children refuse without good reason
to live with accused
Failure to give education must be due to
deliberate desire to evade such obligation
ARTICLE 278. EXPLOITATION OF MINORS.

Acts punished:
1. By causing any boy or girl under 16 to perform
any dangerous feat of balancing, physical
strength or contortion, the offender being any
person.
2. By employing children under 16 who are not
the children or descendants of the offender in
exhibitions of acrobat, gymnast, rope-walker,
diver, or wild-animal tamer or circus manager or
engaged in a similar calling.
3. By employing any descendant under 12 in
dangerous exhibitions enumerated in the next
preceding paragraph, the offender being
engaged in any of said callings.
4. By delivering a child under 16 gratuitously to
any person following any of the callings
enumerated in paragraph 2 or to any habitual
vagrant or beggar, the offender being an
ascendant, guardian, teacher or person
entrusted in any capacity with the care of such
child.
5. By inducing any child under 16 to abandon the
home of its ascendants, guardians, curators or
teachers to follow any person engaged in any
of the callings mentioned in paragraph 2 or to
accompany any habitual vagrant or beggar, the
offender being any person.
Qualifying Circumstance: If the delivery of the child
to any person following any of the callings of
acrobat, rope-walker, diver or wild-animal trainer
or circus manager or to any habitual vagrant of
beggar is made in consideration of any price,
compensation or promise.
ARTICLE 279. ADDITIONAL PENALTIES FOR

OTHER OFFENSES
ELEMENTS:
Page 139 of 174

Article 280. Trespass to dwelling
ELEMENTS:
1. That the offender is a private person;
2. That he enters the dwelling of another; and
3. That such entrance is against the latters will.
Qualifying circumstance: If the offense is committed
by means of violence or intimidation.
There must be an opposition on the part of
the owner of the house to the entry of the
accused.
Dwelling: any building or structure exclusively
devoted for rest and comfort, depends upon
use; maybe a room; implied prohibition
depending on circumstances
Implied prohibition is present considering
the following situation. Ex. Felony was
committed late at night and everyones
asleep or entrance was made through the
window.
Prohibition is not necessary when
violence or intimidation is employed by the
offender.
When there is no overt act of the crime
intended to be committed (Ex. theft), the
crime is trespass to dwelling.
Trespass may be committed even by the
owner of the dwelling against the actual
occupant thereof.
NOT APPLICABLE TO:
entrance is for the purpose of preventing
harm to himself, the occupants or a third
person;
purpose is to render some service to
humanity or justice; and
place is a caf, tavern, etc. while it is open.
Medina case: When the accused entered the
dwelling through the window, he had no intent to kill
any person inside. His intention to kill came to his
mind when he was being arrested by the occupants
thereof. Hence, the crime of trespass to dwelling is a
separate and distinct offense from frustrated
homicide.
4. That the trespasser has not secured the

permission of the owner or the caretaker
thereof.
ARTICLE 282. GRAVE THREATS

ACTS PUNISHABLE:
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 though not unlawful and the
offender attained his purpose.
2. By making such threat without the offender
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. .
Aggravating circumstances: (1) if made in

writing, or (2) made through a middleman.
The crime is frustrated if the threat was not
received by the person being threatened.
Threat not made in heat of anger, because such
threat would be punished as Other Light
Threats
Grave threats may be committed by indirect
challenge to a gun fight, even if complainant was
absent when challenge was made; it is sufficient
that threats came to knowledge of offended party
Threats made in connection with the commission
of other crimes are absorbed by the latter
The offender in grave threats does not demand
the delivery on the spot of the money or other
personal property asked by him
ARTICLE 283. LIGHT THREATS.

ELEMENTS:
1. That the offender makes a threat to commit a
wrong;
2. That the wrong does not constitute a crime;
3. That there is a demand for money or that other
condition is imposed, even though not unlawful.
ARTICLE 281. OTHER FORMS OF TRESPASS
ELEMENTS:
1. That the offender enters the closed premises
or the fenced estate of another;
2. That the entrance is made while either of them is
uninhabited;
3. That the prohibition to enter be manifest; and
In light threats, the wrong threatened does not

amount to a crime.
Requires that there be a demand of money or
that other condition be imposed
Blackmailing may be punished under this
provision
Page 140 of 174

ARTICLE 284. BOND FOR GOOD BEHAVIOR
The person making the threats under the 2

preceding articles (grave and light threats) may
also be required by the court to give bail
conditioned upon the promise not to molest the
person threatened.
ARTICLE 285. OTHER LIGHT THREATS

ACTS PUNISHABLE:
1. By threatening another with a weapon, or by
drawing a weapon in a quarrel, unless it be in
lawful self-defense.
2. By orally threatening another, in the heat of
anger, with some harm constituting a crime,
without persisting in the idea involved in the
threat.
3. By orally threatening another with harm not
constituting a felony.
No demand for money or condition involved

Threat is not deliberate
ARTICLE 286. GRAVE COERCIONS
ELEMENTS:
1. That a person
a. prevented another from doing something not
prohibited by law or
b. compel him to do something against his will,
be it right or wrong
2. Violence, threats or intimidation, either material
force or such display of force as would produce
intimidation and control of the will.
3. Without authority of law
Aggravating circumstances:
1. Violation of the exercise of the right of suffrage
2. Compelling another to perform a religious act or
3. preventing another from exercising such right or
from doing such act (as amended by RA. 7890)
The thing prevented from execution must not be

prohibited by law. Otherwise, there will be no
coercion.
ARTICLE 287. LIGHT COERCIONS

ELEMENTS of par. 1:
1. That the offender must be a creditor;
2. That he seizes anything belonging to his
debtor;
3. That the seizure of the thing be accomplished by

means of violence or a display of material
force producing intimidation; and
4. That the purpose of the offender is to apply the
same to the payment of the debt.
Par. 2
Any other coercion or unjust vexation
Paragraph 2 of Art. 287 covers unjust vexation.

It includes any human conduct which, although
not productive of some physical or material
harm would, however, unjustly annoy or vex an
innocent person.
Light coercion under the 1st paragraph of this
article will only be unjust vexation if the 3rd
element (employing violence or intimidation) is
absent.
ARTICLE 288. OTHER SIMILAR COERCIONS

(COMPULSORY PURCHASE OF MERCHANDISE
AND PAYMENT OF WAGES BY MEANS OF
TOKENS)
ACTS PUNISHED:
1. By forcing or compelling, directly or indirectly,
or knowingly permitting the forcing or compelling
of the laborer or employee of the offender to
purchase merchandise or commodities of any
kind from him.
2. By paying the wages 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.
ELEMENTS OF NO. 1:
1. That the offender is any person , agent or officer
of any association or corporation.
2. That he or such firm or corporation has employed
laborers or employees
3. That he forces or compels, directly or indirectly,
or knowingly permits to be forced or compelled,
any of his or its laborers or employees to
purchase merchandise or commodities of any
kind from him or from said firm or corporation.
ELEMENTS OF NO. 2:
1. That the offender pays the wages due a laborer
or employee employed by him by means of
tokens or objects
2. That those tokens or objects are other than the
legal tender currency of the Philippines.
Page 141 of 174

3. That such employee or laborer does not
expressly request that he be paid by means of
tokens or objects.
2. That he learns the secrets of his principal or

master in such capacity; and
3. That he reveals such secrets.
ARTICLE 289. FORMATION, MAINTENANCE, AND

PROHIBITION OF COMBINATION OF CAPITAL OR
LABOR THROUGH VIOLENCE OR THREATS
ELEMENTS:
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; and
2. That the purpose is to organize, maintain or
prevent coalitions of capital or labor, strike of
laborers or lockout of employees.
3. If the act shall not constitute a more serious
offense.
Chapter Three. DISCOVERY AND REVELATION
OF SECRETS
ARTICLE 292. REVELATION OF INDUSTRIAL

SECRETS
ELEMENTS:
1. That the offender is a person in charge,
employee or workman of a manufacturing or
industrial establishment;
2. That the manufacturing or industrial
establishment has a secret of the industry which
the offender has learned;
3. That the offender reveals such secrets; and
4. That prejudice is caused to the owner.
This article is not applicable to parents with

respect to their minor children or to spouses with
respect to the papers or letters of either of them.
Contents of the correspondence need not be
secret. The purpose of the offender prevails.
Qualifying circumstance: When the offender
reveals the contents of such papers or letters to
a 3rd person.
This article does not require that the offended
party be prejudiced.
ARTICLE 291. REVEALING SECRETS WITH

ABUSE OF OFFICE
ELEMENTS:
1. That the offender is a manager, employee or
servant;
Prejudice is an essential element of this offense
TITLE TEN
CRIMES AGAINST PROPERTY
ARTICLE 290. DISCOVERING SECRETS

THROUGH SEIZURE OF CORRESPONDENCE
ELEMENTS:
1. That the offender is a private individual or even a
public officer not in the exercise of his official
function;
2. That he seizes the papers or letters of another;
3. That the purpose is to discover the secrets of
such another person; and
4. That offender is informed of the contents or the
papers or letters seized.
Damage is not required by this article.
Chapter One. ROBBERY IN GENERAL
ARTICLE 293. WHO ARE GUILTY OF ROBBERY

ELEMENTS of robbery IN GENERAL:
1. That there be personal property belonging to
another (bienes muebles)
2. That there is unlawful taking of that property
(apoderamiento or asportacion
3. That the taking must be with intent to gain;
(animus lucrandi)
4. That there is violence against or intimidation of
any person, or force upon anything.
Person from whom property was taken need not

be the owner. Legal possession is sufficient.
General rule: The identity of the real owner is not
essential so long as the personal property taken
does not belong to the accused. Exception: If the
crime is robbery with homicide
The taking of personal property must be unlawful
in order to constitute robbery. If the property is in
the possession of the offender because it was
given to him in trust by the owner, the crime is
estafa.
Page 142 of 174

If taking was lawful, then misappropriated after

possession crime may be malversation,
(estafa)
As to robbery w/ violence or intimidation, from the
moment the offender gains possession of the
thing even if offender has had no opportunity to
dispose of the same, the unlawful taking is
complete.
As to robbery w/ force upon things, thing must be
taken out of the building in order to consummate
robbery.
Intent to gain is presumed from unlawful taking of
personal property.
The unlawful taking must not be under the claim
of title or ownership.
When there is no intent to gain but there is
violence in the taking, the crime is grave
coercion.
The violence or intimidation must be committed
against the person of the offended party, not
upon the thing taken.
General rule: Violence or intimidation must be
present before the taking is complete.
Exception: When violence results in homicide,
rape, intentional mutilation or any of the serious
physical injuries in paragraphs 1 and 2 of Art. 263
(Serious Physical injuries), the taking of the
property is robbery complexed w/ any of these
crimes under Art. 294, even if the taking is
already complete when violence was used by the
offender.
Use of force upon things is entrance to the
building by means described in Arts. 299 and
302.
When both violence or intimidation and force
upon things concur in committing the crime, it is
robbery w/ violence against persons.
If not personal property but real property or rights
crime may be usurpation
Theft, not robbery, where accused cut with bolo
the strings tying opening of a sack and then took
the palay
RA 6539 is applicable when property taken in
robbery is a motor vehicle (Carnapping: taking
with intent to gain of motor vehicle belonging to
another without the latters consent, or by means
of violence against or intimidation of persons or
by using force upon things; Unqualified -14years
and 8 months to 17 years and 4 months;
violence/force upon things -17 years and 4
months to 30 years; occupant killed or raped
reclusion perpetua to death)
ROBBERY
W/
VIOLENCE
GRAVE
THREATS
GRAVE
COERCION
Intent to gain
No intent to gain
Immediate
harm
Intimidation;
promises some
future harm or
injury
ROBBERY
X didnt commit crime
but is intimidated to
deprive him of his
property
Deprived of money thru
force or intimidation
No intent to
gain
Intimidation
(effect) is
immediate and
offended party
is compelled to
do something
against his will
(w/n right or
wrong)
BRIBERY
X has committed a crime
and gives money as way
to avoid arrest or
prosecution
Giving of money is in a
sense voluntary
Neither
Transaction is voluntary
and mutual
Ex. Accused demands payment of P2.00 with threats
of arrest and prosecution, therefore, robbery because
(a) intent to gain and (b) immediate harm
PEOPLE vs. BOCALAN, G.R. No. 141527. 9/4/03
For the appellant to be guilty of consummated
robbery, there must be incontrovertible proof that
property was taken from the victim. The appellant is
guilty of attempted robbery only when he commences
the commission of robbery directly by overt acts and
does not perform all the acts of execution which
would produce robbery by reason of some causes or
accident other than his own spontaneous desistance.
ARTICLE 294. ROBBERY WITH VIOLENCE
AGAINST OR INTIMIDATION OF PERSONS
ACTS PUNISHED AS ROBBERY WITH VIOLENCE
AGAINST OR INTIMIDATION OF PERSONS:
1. When by reason or on occasion of the robbery,
homicide is committed;
2. When the robbery is accompanied w/ rape or
intentional mutilation or arson;
3. When by reason or on occasion of robbery, any
of the physical injuries resulting in insanity,
imbecility, impotency, or blindness is inflicted;
4. When by reason of or on occasion of the robbery,
serious physical injuries resulting in the loss of
the use of speech, or the power to hear or to
smell, or the loss of an eye, hand, foot, arm,
leg, or the loss of the use of any such member
Page 143 of 174

or incapacity for work in w/c victim is habitually
engaged is inflicted;
5. If the violence / intimidation employed in
committing the robbery shall have been carried
to a degree clearly unnecessary for the crime;
6. When in the course of its execution, offender
inflicts upon any person not responsible for the
commission of robbery any of the physical
injuries resulting to deformity, loss of any part
of the body or the use thereof, or illness or
incapacity for the performance of the work for
> 90 days or > 30 days;
7. If the violence employed does not cause any
serious physical injuries defined in Art. 263, or
if offender employs intimidation only.
SPECIAL COMPLEX CRIMES WITH SPECIFIC
PENALTIES PRESCRIBED:
1. Robbery with homicide is committed if original
design is robbery and homicide was committed
although homicide precedes the robbery by an
appreciable time. If original design is not robbery
but robbery was committed after homicide as
an afterthought, offender committed 2 separate
offenses of robbery and homicide. The crime
is still robbery with homicide if the person killed
was an innocent bystander and not the person
robbed and even if the death supervened by
mere accident.
2. In robbery with rape, the intent to commit
robbery must precede rape. Prosecution of the
crime need not be by the offended party and
the fiscal can sign the information. When rape
and homicide co-exist in a robbery, rape should
be considered as aggravating only and the
crime is still robbery with homicide.
3. Robbery with intimidation is committed when
the acts done by the accused, by their own
nature or by reason of the circumstances, inspire
fear in the person against whom the acts are
directed.
PEOPLE vs. COMILING, G.R. No. 140405. 3/4/04
As correctly stressed by the Solicitor General,
robbery with homicide is a special complex crime. It
is enough that in order to sustain a conviction for this
crime, the killing, which is designated as homicide,
has a direct relation to the robbery, regardless of
whether the latter takes place before or after the
killing. For as long as the killing occurs during or
because of the heist, even if the killing is merely
accidental, robbery with homicide is committed.
Well entrenched in this jurisprudence is the doctrine

that when homicide takes place as a consequence or
on occasion a robbery, all those who took part in the
robbery are guilty as principals in the special complex
crime of robbery with homicide, even if they did not
actually took part in the homicide. The only exception
is when it is clearly shown that the accused
endeavored to prevent the unlawful killing.
PEOPLE vs. HIJADA, G.R. No. 123696. 311/04
There is no crime of Robbery with Multiple Homicide
under the Revised Penal Code. The crime is Robbery
with Homicide notwithstanding the number of
homicides committed on the occasion of the robbery
and even if murder, physical injuries and rape were
also committed on the same occasion.
ARTICLE 295. ROBBERY WITH PHYSICAL

INJURIES, COMMITTED IN AN UNINHABITED
PLACE AND BY A BAND, OR WITH THE USE OF
FIREARM ON THE STREET, ROAD, OR ALLEY
QUALIFYING CIRCUMSTANCES IN ROBBERY
WITH VIOLENCE OR INTIMIDATION OF
PERSONS:
If any of the offenses defined in subdivisions 3, 4 and
5 of Art. 294 is committed 1. in an uninhabited place, or
2. by a band, or
3. by attacking a moving train, street car,
motor vehicle or airship, or
4. by entering the passengers compartments
in a train, or in any manner taking the
passengers thereof by surprise in the
respective conveyances, or
5. on a street, road, highway or alley and the
intimidation is made with the use of firearms.
The qualifying circumstances of robbery with

violence or intimidation must be alleged in the
information and proved during the trial.
Being qualifying circumstances, they cannot be
offset by generic mitigating circumstances.
This article will not apply to the special
complex crimes of robbery w/ homicide, w/
rape, or w/ serious physical injuries under
paragraph 1 of Art. 263.
ARTICLE 296. DEFINITION OF A BAND AND

PENALTY INCURRED BY MEMBERS THEREOF.
PEOPLE vs. BOLINGET, G.R. Nos. 137949-52.

12/11/03
Page 144 of 174

When at least four armed malefactors take part in
the commission of a robbery, it is deemed committed
by a band.
Requisites for liability for the acts of the other
members of the band:
1. That the accused was a member of the
band;
2. That he was present at the commission of a
robbery by that band;
3. That the other members of the band
committed an assault; and
4. That he did not attempt to prevent the
assault.
Conspiracy is presumed when 4 or more armed
persons committed robbery.
In robbery committed by a band, all are liable for
any assault committed by the band, unless the
others attempted to prevent the assault.
ELEMENTS of robbery with force upon things

under subdivision (a):
1. That the offender entered (a) an inhabited
house, or (b) public building, or (c) edifice
devoted to religious worship;
2. That the entrance was effected by any of the
following means:
a. Through an opening not intended for
entrance or egress,
b. By breaking any wall, roof, or floor or
breaking any door or window,
c. By using false keys, picklocks or
similar tools, or
d. By using any fictitious name or
pretending the exercise of public
authority; and
3. That once inside the building, the offender
took personal property belonging to
another with intent to gain.
ARTICLE 297. ATTEMPTED OR FRUSTRATED

ROBBERY WITH HOMICIDE
Same penalty, whether robbery is attempted or

frustrated, as long is homicide is committed by
reason or on occasion thereof.
Where the offense is attempted or frustrated
robbery with serious physical injuries, Art. 48
(complex crimes) is applicable.
ARTICLE 298. EXECUTION OF DEEDS BY MEANS

OF VIOLENCE OR INTIMIDATION
ELEMENTS:
1. That the offender has intent to defraud
another;
2. That the offender compels him to sign,
execute, or deliver any public instrument
or document; and
3. That the compulsion is by means of violence
or intimidation.
This article is not applicable if the document is

void.
Applies even if document signed, executed or
delivered is a private or commercial document.
ARTICLE 299. ROBBERY IN AN INHABITED

HOUSE OR PUBLIC BUILDING OR EDIFICE
DEVOTED TO WORSHIP.
Inhabited house is any shelter, ship or vessel

constituting the dwelling of one or more person
even though temporarily absent therefrom
when robbery is committed. It includes
dependencies, courts, corals, barns, etc. It does
not include orchards and lands for cultivation.
In robbery by use of force upon things, it is
necessary that offender enters the building or
where object may be found. When there was no
entry, no robbery was committed.
Whole body must be inside the house, public
building or place devoted to worship to constitute
entering.
In entering the building, the offender must have
an intention to take personal property (People
vs. Tayag).
Public building includes every building owned,
rented or used by the government although
owned by private persons or temporarily vacant.
Passing through an open door but getting out of
a window is not robbery but theft.
To constitute robbery, the outside door must be
broken or smashed. If the lock was merely
removed or door was merely pushed, crime is
only theft.
False keys are genuine keys stolen from the
owner or any keys other than those intended by
the owner for use in the lock w/c was forcibly
opened by the offender.
Picklocks are those specially adopted for
commission of the robbery.
The key must have been stolen not by force.
Otherwise, its robbery by violence and
intimidation against persons.
Page 145 of 174

False key must have been used in opening

house and not any furniture inside. Otherwise,
the crime is only theft.
General Rule: If false key/picklock was used to
open an inside door (Ex. door of a room) and
offender took personal property, the crime is only
theft.
Exception: If the room is a separate dwelling
place, crime is robbery.
The use of fictitious name or the act of pretending
to exercise authority must be committed for the
purpose of entering the building.
ELEMENTS of robbery with force upon things

under subdivision (b):
1. That the offender is inside a dwelling house,
public building, or edifice devoted to religious
worship, regardless of the circumstances
under which he entered it; and
2. That the offender takes personal property
belonging to another with intent to gain,
under any of the following circumstances:
a. by the breaking of doors, wardrobes,
chests, or any other kind of locked or
sealed furniture or receptacle, or
b. by taking such furniture or objects
away to be broken or forced open
outside the place of the robbery.
It is not necessary that entrance was made

through any of the means mentioned in
subdivision (a).
Offender may be servants or guests.
Destruction of keyhole of cabinet is robbery
under this subsection.
When sealed box is taken out for the purpose of
breaking it, crime is already consummated
robbery. There is no need to actually open it
inside the building from where it was taken.
But if the box was confided into the custody of
accused and he takes the money contained
therein, the crime is estafa.
The crime is theft if the box was found outside
of the building and the accused forced it open.
Mitigating circumstance:
1. Offenders do not carry arms and the value of
the
property taken exceeds 250 pesos.
2. Offenders are armed, but the value does not
exceed 250 pesos.
3. Offenders do not carry arms and the value
does not exceed 250 pesos penalty of a)
or b) in minimum period.
4. Committed in dependencies
ARTICLE 300. ROBBERY IN AN UNINHABITED

PLACE AND BY A BAND.
Robbery in an inhabited house, public building or

edifice devoted to religious worship is qualified
when committed by a band and in an
uninhabited place.
ARTICLE 301. WHAT IS AN INHABITED HOUSE,

PUBLIC BUILDING OR BUILDING DEDICATED TO
RELIGIOUS WORSHIP AND THEIR
DEPENDENCIES
Dependencies of an inhabited house, public

building or building dedicated to religious worship
are all interior courts, corrals, warehouses,
granaries or enclosed places:
1. contiguous to the building, having an
interior entrance connected therewith, and
2. forming part of the whole.
A garage, in order to be considered as a
dependency of a house, must have the 3
foregoing requirements.
ARTICLE 302. ROBBERY IN AN UNINHABITED

PLACE OR IN A PRIVATE BUILDING.
ELEMENTS:
1. That the offender entered an uninhabited
place or a building which was not a
dwelling house, not a public building, or
not an edifice devoted to religious
worship;
2. That any of the following circumstances was
present:
a. That entrance was effected through an
opening not intended for entrance or
egress,
b. A wall, roof, floor, or outside door or
window was broken,
c. The entrance was effected through 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; or
e. A closed or sealed receptacle was
removed, even if the same be broken
open elsewhere; and
3. That with intent to gain, the offender took
therefrom personal property belonging to
another.
This article covers the second kind of robbery

with force upon things.
Page 146 of 174

Uninhabited place under this article is an

uninhabited building w/c is not a dwelling house,
public building, or edifice for worship. Ex.
warehouse, freight car, store.
Robbery under this article is committed in the
same manner as in Art. 299 (Robbery in
inhabited house, public building, and edifice
devoted to religious worship) except that what
was entered into was an uninhabited place or
a bldg. other than the 3 mentioned in Art. 299.
The use of fictitious name or pretending the
exercise of public authority is not also
included in this article.
The breaking of padlock but not of the door is
only theft.
ARTICLE 303. ROBBERY OF CEREALS, FRUITS,

OR FIREWOOD IN AN UNINHABITED PLACE OR
PRIVATE BUILDING
When the robbery described in Arts. 299 and 302

consists in the taking of cereals, fruits, or
firewood, the penalty is one degree lower.
ARTICLE 304. ILLEGAL POSSESSION OF

PICKLOCKS OR SIMILAR TOOLS
ELEMENTS:
1. That the offender has in his possession
picklocks or similar tools;
2. That such picklocks or similar tools are
specially adopted to the commission of
robbery; and
3. That the offender does not have lawful
cause for such possession.
Actual use of the picklocks or similar tools is not

necessary.
ARTICLE 305. FALSE KEYS.

FALSE KEYS include:
1. picklocks or similar tools,
2. genuine keys stolen from the owner; and
3. any key other than those intended by owner
for use in the lock forcibly opened by the
offender.
Possession of false keys in paragraphs (b) and
(c) above is not punishable.
If the key was entrusted to the offender and he
used it to steal, crime is not robbery but theft.
Chapter Two. BRIGANDAGE
ARTICLE 306. WHO ARE BRIGANDAGS;

PENALTY.
There is brigandage when
1. at least four armed persons,
2. band of robbers, and
3. their purpose is any of the ff:
a. Robbery in the highway
b. Kidnapping for extortion or ransom
c. Any other purpose to be obtained by
means of force and violence.
All the members of the band are presumed
brigands if any of them carries an unlicensed
firearm.
BRIGANDAGE
Purposes are as
enumerated in Art. 306
Mere formation of a
band for the above
purpose
ROBBERY IN BAND
Only to commit robbery,
not necessarily in hi-way
If the purpose is to
commit a particular
robbery, it is necessary
to prove that band
actually committed
robbery
ARTICLE 307. AIDING AND ABETTING A BAND

OF BRIGANDS
ELEMENTS:
1. That there is a band of brigands;
2. That the offender knows the band to be of
brigands; and
3. That the offender does any of the following
acts:
a. he in any manner aids, abets or
protects such band of brigands, or
b. he gives them information of the
movements of the police or other
peace officers of the Government, or
c. he acquires or receives the property
taken by such brigands.
Page 147 of 174

P. D. No. 532 defines brigandage as the seizure

of any person for: (a) ransom; (b) extortion or
other unlawful purpose; or (c) the taking away of
property by violence or intimidation or force upon
things or other unlawful means, committed by
any person on any Philippine highway.
The Anti-Carnapping Act defines

carnapping as the taking, with intent to gain,
of a motor vehicle belonging to another
without the latters consent, or by means of
violence against or intimidation of persons,
or by using force upon things. This law also
penalizes the defacing or tampering with the
original serial number of motor vehicle
engines, engine blocks, and chassis.
Chapter Three. THEFT
ARTICLE 308. THEFT

ELEMENTS:
1. That there be taking of personal property;
2. That said property belongs to another;
3. That the taking be done with intent to gain;
4. That the taking be done without the
consent of the owner; and
5. That the taking be accomplished without the
use of violence against or intimidation of
persons or force upon things.
Taking: if bulky, must be taken away(when

place surrounded by fence or wall), otherwise,
the moment he had full possession of thing,
asportation is complete; does not need a
character of permanency
Intent to Gain taking must be accompanied by
intention, at the time of taking, of withholding the
thing with character of permanency; presumed
from unlawful taking of personal property of
another
Gain desired by the offender may not only be
money. It may include satisfaction, use, pleasure
or any benefit; includes satisfaction of taking
revenge
It is not required that the offender realized
actual gain in committing theft. It is sufficient that
he took personal property of another with intent

to gain.
Trust, Commission, Administration: Juridical
possession of thing transferred to another
If only custody of object (i.e. only material
possession) was given to the accused and it is
actually taken by him with no intent to return, the
crime is theft. But if juridical possession is
transferred (Ex., by a contract of bailment) is
given to the accused and he takes the property
with intent to gain, the crime is estafa.
Personal property: includes electricity and gas,
promissory note and check. Ex. the inspector
misreads the meter to profit thereby, or one using
a jumper
Consent: freely given and not merely lack of
objection
Allegation in the information of the lack of the
owners consent is important.
Finder: may be a finder in law
Theft is consummated when the offender is able
to place the thing taken under his control and in
such a situation as he could dispose of it at once
(although there is actually no opportunity to
dispose).
Servant using his employers car without
permission is guilty of qualified theft although his
use thereof was only temporary. However, Reyes
says that there must be some character of
permanency in depriving owner of the use of the
object and making himself the owner. Therefore,
joyride must be deemed as qualified theft.
An employee taking his salary before it is actually
delivered to him is guilty of theft.
If the offender, in good faith, claims property as
his own, no theft is committed although his
claim of ownership is later found to be untrue.
However, if his claim is in bad faith, he is guilty of
theft.
PERSONS LIABLE FOR THEFT:

1. Those who:
a. with intent to gain,
b. but w/o violence against or intimidation of
persons nor force upon things
c. take
d. personal property
e. of another
f. w/o the latters consent.
2. Those who:
a. having found lost property,
b. fail to deliver the same to the local
authorities or its owner.
Page 148 of 174

Retention of money/property found is theft. What

is punished is retention or failure to return with
intent to gain.
The offenders knowledge of the identity of the
owner of the property is not required. His
knowledge that the property is lost is enough.
The finder of the lost property is liable for his
deliberate failure to return the lost property, he
knowing that the property does not belong to him.
3. Those who:
a. after having maliciously damaged the
property of another,
b. remove or make use of the fruits or
object of the damage caused by them.
Killing the cattle of another which destroyed
his(offenders) property and getting meat for
himself is theft.
4. Those who hunting, fishing or gathering
fruits, etc. in enclosed estate
2. Extracting or removing the gold from such

ores or rocks and treat such ores and rocks
to recover and extract the gold therefrom
without the consent of the operator of the
mining claim.
HIGHGRADING selling
P.D. NO. 401 PUNISHES THE USE OF TAMPERED
WATER OR ELECTRICAL METERS TO STEAL
WATER OR ELECTRICITY.
ACTS PUNISHABLE:
1. unauthorized installation of water, electrical
or telephone connections,
2. the use of tampered water or electrical
meters to steal water or electricity,
3. the stealing or pilfering of water and/or
electrical meters, electric and/or telephone
wires, and
4. knowingly possessing stolen or pilfered water
and/or electrical meters, and stolen or
pilfered electric and/or phone wires.
ELEMENTS(Par. 3 of Art 308):

1. That there is an enclosed estate or a field
where trespass is forbidden or which belongs
to another;
2. That the offender enters the same;
3. That the offender hunts or fishes upon the
same or gathers fruits, cereals or other forest
or farm products in the estate or field; and
4. That the hunting or fishing or gathering of
products is without the consent of the owner.
WAYS OF COMMITTING THEFT OF ELECTRICITY

(OTHER THAN BY ILLEGAL INSTALLATIONS):
1. turning back the dials of the electric meter,
2. fixing the electric meter so it will not register
the actual electric consumption,
3. under-reading of electric consumption, and
4. tightening screw of rotary blades to slow
down their rotation.
The fishing in this article is not in the fishpond

or fishery. If the fish is taken from a fishpond or
a fishery, the crime is qualified theft.
P.D. NO. 534 PUNISHES ILLEGAL FISHING

COMMITTED BY
1. Any person to catch, take or gather or cause
to be caught, taken or gathered fish in
Philippine waters with the use of explosives,
obnoxious or poisonous substances or by
the use of electricity; and
2. Any person who knowingly possesses,
deals in, sells or in any manner disposes
of, for profit, any fish, fishery/aquatic
products w/c have been illegally caught.
P.D. NO. 581 PUNISHES HIGHGRADING OR
THEFT OF GOLD COMMITTED BY
1. Taking gold-bearing ores from a mining claim
or mining camp, or removing, collecting or
gathering gold-bearing ores or rocks in place;
ARTICLE 309. PENALTIES FOR THEFT

The basis of the penalty in theft is: (1) the value
of the thing stolen, and in some cases, (2) the
value and also the nature of the property taken,
or (3) the circumstances or causes that impelled
the culprit to commit the crime.
ARTICLE 310. QUALIFIED THEFT

Theft is qualified if 1. It is committed by a domestic servant, or
2. Committed with grave abuse of confidence,
or
3. The property stolen is a:
a. motor vehicle,
b. mail matter,
c. large cattle,
d. coconut from the premises of a
plantation,
e. fish from a fishpond or fishery, or
Page 149 of 174

4. Committed on the occasion of calamities,
vehicular accident and civil disturbance.
Grave abuse of confidence necessitates a

high degree of confidence b/w the offender and
the offended party. (Ex. guests). Hence, when
there is no confidence b/w the parties, the crime
is not qualified theft.
Theft is qualified if it is committed by one who
has access to the place where stolen property is
kept. (Ex. security guards, tellers)
Novation theory (i.e. the victims acceptance of
payment converted the offenders liability to a
civil obligation) applies only if there is a
contractual relationship b/w the accused and
the complainant.
When the accused treated the deed of sale as
sham and he had intent to gain, his absconding
with the object of the sale is qualified theft.
When a PUV in boundary system entrusted to
the offender is sold to another, the crime is theft.
On the other hand, if the motor vehicle is not
used for public utility in boundary system but
under contract of lease, the crime is estafa.
ELEMENTS of fencing:
1. The crime of robbery or theft has been
committed;
2. The accused, who is not a principal or an
accomplice in the crime of robbery/theft, in
any manner deals in any property which
has been derived from the proceeds of the
said crime;
3. The accused knows or should have known
that the said property has been derived from
theft/robbery; and
4. The accused has intent to gain.
Possession of stolen goods is prima facie
evidence of guilt
For those engaged in sale of used secondhand
articles requires clearance and permit to sell
ARTICLE 311. THEFT OF PROPERTY OF THE

NATIONAL LIBRARY AND NATIONAL MUSEUM
Theft of property on National Library and

Museum has a fixed penalty regardless of
its value.
ANTI-CATTLE RUSTLING LAW

Chapter Four. USURPATION
CATTLE RUSTLING is the taking away by any

means, method or, scheme, without the consent
of the owner, of animals classified as large cattle
whether or not for profit or gain, or whether
committed with or without violence against or
intimidation of any person or force upon things. It
includes the killing of large cattle, or taking its
meat/hide without the consent of the owner.
Large cattle includes cow, carabao, horse, mule,
ass, or other domesticated member of the bovine
family.
Qualifying circumstances:
1. Cattle-rustling is committed with violence
against or intimidation of persons or force
upon things; and
2. A person is seriously injured or killed as a
result or on occasion of cattle-rustling.
P.D. 330 punishes timber smuggling from, and

illegal cutting of logs in, public forests and forest
reserves as qualified theft.
ANTI-FENCING LAW
ARTICLE 312. OCCUPATION OF REAL

PROPERTY OR USURPATION OF REAL RIGHTS
IN PROPERTY
ELEMENTS:
1. That the offender takes possession of any
real property or usurps any real rights in
property;
2. That the real property or real rights belong to
another;
3. That violence against or intimidation of
persons is used by the offender in occupying
real property or usurpation real rights in
property; and
4. That there is intent to gain.
Article 313. Altering boundaries or landmarks.
Page 150 of 174

ELEMENTS:
1. That there be boundary marks or
monuments of towns, provinces, or estates,
or any other marks intended to designate the
boundaries of the same; and
2. That the offender alters said boundary
marks.
Chapter Five. CULPABLE INSOLVENCY
ARTICLE 314. FRAUDULENT INSOLVENCY

ELEMENTS:
1. Offender is a debtor; that is, he has
obligations due and payable;
2. Absconds with his property; and
3. Prejudice to his creditors.
Actual prejudice to the creditors is required.
ELEMENTS OF ESTAFA WITH ABUSE OF

CONFIDENCE:
1. That money, goods, or other personal
property be received by the offender in trust,
or on commission, or for administration, or
under any other obligation involving the
duty to make delivery of, or to return, the
same;
2. That there be misappropriation or
conversion of such money or property by
the offender, or denial on his part of such
receipt;
3. That such misappropriation or conversion or
denial is to the prejudice of another; and
4. That there is a demand made by the
offended party to the offender.
Chapter Six. SWINDLING AND OTHER DECEITS
ARTICLE 315. ESTAFA (SWINDLING).
ELEMENTS OF ESTAFA IN GENERAL:

1. Defrauded another (a) by abuse of
confidence, or (b) or means of deceit; and
2. That damage or prejudice capable of
pecuniary estimation is caused to the
offended party or third person.
ELEMENTS OF ESTAFA WITH
UNFAITHFULNESS:
1. Offender has an onerous obligation to
deliver something of value;
2. That he alters its substance, quantity, or
quality; and
3. That damage or prejudice is caused to
another.
Committed by altering the substance, quantity, or

quality of the things to be delivered
There must be an existing obligation of the

offender to deliver even if the property to be
delivered is not a subject of lawful commerce.
When thing delivered has not been fully or
partially paid for, there is no estafa.
When there was no agreement as to quality
and delivery was unsatisfactory, there is no
estafa.
The thing must have been received by offender

under transactions transferring juridical
possession only and not ownership.
Under PD 115 (Trust Receipts Law), the failure
to turn over to the bank the proceeds of the sale
of the goods covered by the trust receipt
constitutes estafa.
The same thing received must be returned.
Otherwise, estafa is committed.
The sale on credit by the agent when it should
be sold for cash is estafa.
Estafa, being a public offense, is not affected
by novation of contract. But novation, if it takes
place before criminal liability was incurred or
perhaps prior to the filing of the criminal
information in court by state prosecutors, relieves
offender from incipient criminal liability.
Misappropriating means taking something for
ones own benefit.
Converting is the act of using or disposing of
anothers property as if it was ones own. It may
also mean the devotion of a thing for a purpose
or use different from that agreed upon.
Prejudice to another is necessary. However, it is
not necessary that offender should obtain
gain.
General Rule: Between partners, there is no
estafa of money or property received for the
partnership when the business is commercial and
profits accrued.
Page 151 of 174

Exception: If property is received by a partner

for a specific purpose and is misappropriated,
estafa is committed.
Failure to account after demand is a
circumstantial evidence of misappropriation.
Demand is not a condition precedent to the
existence of estafa when the misappropriation
may be established by other proof.
In theft, upon delivery of the thing to the
offender, the owner expects an immediate
return of the thing to him. If owner does not
expect immediate return, crime is estafa.
A servant, domestic, or employee who
misappropriates a thing he received from his
master is guilty of qualified theft, not estafa.
When in the prosecution for malversation the
public officer is acquitted, the private individual
allegedly in conspiracy with him may be held
liable for estafa.
Estafa with Abuse of

Confidence
Offenders are entrusted
with funds or property & is
a continuing offense
Funds: always private
Offender: private
individual, or public
officer not accountable
for public funds
Committed by
misappropriating,
converting, denying
having received money
Malversation
Offenders are
entrusted with funds or
property & is a
continuing offense
Funds: public funds or
property
Offender: public
officer accountable for
public funds
Committed by
appropriating, taking,
misappropriating
transaction when in fact he did not so

participate.
ELEMENTS OF ESTAFA BY MEANS OF DECEIT:

1. That there must be a false pretense,
fraudulent act or fraudulent means.
2. That such false pretense, fraudulent act or
fraudulent means must be made or executed
prior to or simultaneously with the
commission of the fraud;
3. That the offended party must have relied on
the false pretense, fraudulent act, or
fraudulent means, that is, he was induced to
part with his money or property because
of the false pretense, fraudulent act, or
fraudulent means; and
4. That as a result thereof, the offended party
suffered damage.
ELEMENTS OF ESTAFA BY POSTDATING A

CHECK OR ISSUING A CHECK IN PAYMENT OF
AN OBLIGATION:
1. That the offender postdated a check, or
issued a check in payment of an obligation;
and
2. That such postdating or issuing a check was
done when the offender had no funds in the
bank or his funds deposited therein were not
sufficient to cover the amount of the check.
ELEMENTS OF ESTAFA BY TAKING UNDUE

ADVANTAGE OF THE SIGNATURE IN BLANK:
1. That the paper with the signature of the
offended party be in blank;
2. That the offended party should have
delivered it to offender;
3. That above the signature of the offended
party a document is written by the offender
without authority to do so; and
4. That the document so written creates a
liability of, or causes damage to, the
offended party or any third person.
If the paper with signature in blank was stolen,

the crime is falsification if the offender made it
appear that the victim participated in a
There must be evidence that the pretense of the

accused that he possesses power/influence is
false.
Good faith is a defense in a charge of estafa by

postdating or issuing a check.
The drawers failure to deposit the amount
necessary to cover the issued check within 3
days from notice of dishonor is prima facie
evidence of deceit.
If the check was issued in payment of preexisting debt, there is no estafa.
Offender must be able to obtain something
from the offended party by means of the check
he issues and delivers.
If postdating a check issued as mere
guarantee/promissory note, there is no estafa.
B.P. 22 (BOUNCING CHECKS LAW)
Page 152 of 174

ELEMENTS of offense defined in the 1st PAR. of
Sec.1 of BP 22:
1. That a person makes or draws and issues
any check;
2. That the check is made or drawn and issued
to apply on account or for value;
3. That the person who makes or draws and
issues the check knows at the time of issue
that he does not have sufficient funds in or
credit with the drawee bank for the payment
of such check in full upon its presentment;
4. That the check is subsequently dishonored
by the drawee bank for insufficiency of funds
or credit, or would have been dishonored
for the same reason had not the drawee,
without any valid reason, ordered the bank to
stop payment.
ELEMENTS of offense defined in the 2nd PAR of
Se.c.1 of BP 22:
1. That a person has sufficient funds in or
credit with the drawee bank when he makes
or draws and issues a check;
2. That he fails to keep sufficient funds or to
maintain a credit to cover the full amount of
the check if presented within a period of
90 days from the date appearing thereon;
and
3. That the check is dishonored by the drawee
bank.
Evidence of knowledge of insufficiency of funds:
1. Making, drawing and issuance of check
which is refused
2. Prima facie evidence of knowledge of
insufficiency of funds; Requisites:
a. Check presented within 90 days,
b. Dishonored, and
c. c. Failure to make good the check within
5 banking days after receiving written
notice of dishonor
The presumption of knowledge can exist only

after it is proved that the issuer had received the
notice of dishonor. The prosecution must prove
receipt, i.e. registered mail, or authenticated
signature on registry return receipt. The registry
receipt alone is insufficient. Testimony or affidavit
of person mailing the letter is required. (Ting vs.
CA, 2000)
Verbal notice of dishonor is insufficient. Must be
written. (Domagsang vs. CA, 2000)
What the law prohibits is issuance. The purpose
or conditions of issuance is immaterial. Issuance
is malum prohibitum. That the check was
issued as a guarantee is immaterial, unless the
check was not issued for account or value.

(Wong vs. CA, 2001)
BP22 does not state that the issuer must
maintain funds for only 90 days. That the check
must be deposited within 90 days is merely one
of the conditions for the presumption of
knowledge of insufficiency. It is not an element of
the offense. Where presentment was after 90
days, only the presumption was lost. Knowledge
could still be proven by evidence. By current
banking practice, the check must be presented
within 180 days. Afterwards it becomes stale.
Presentment after 180 days is then a defense.
(Wong vs. CA)
Payees knowledge of insufficiency of funds is
immaterial, because deceit is not an element of
BP22. The exception is when there was no
intention to apply said checks for account or for
vale. (Young vs. CA, 2005)
Responsibility under BP22 is personal to the
accused. Hence, the notice must also be
personal. Thus, if the issuer is a corp. officer,
notice to the corp. is not notice to the officer.
(Marigomen vs. People, 2005)
Notes on SC Admin. Circular 12-2000:

1. The circular provides that in a BP22
conviction, the judge, in his discretion, may
impose fine alone, without imprisonment.
2. The fine should be not less than but nor
more than double the amount of the
dishonored checks.
3. The circular is not a penal law, hence there is
no retroactivity in favor of the accused. The
circular applies only to cases pending at its
effectivity. (Joya vs. Galvez, 2003)
4. The circular merely lays down a rule of
preference. It does not amend BP22. It
merely urges the courts to take into account
not only the purpose of the law but also the
circumstances of the accusedwhether
he acted in good faith or on clear mistake of
faith without taint of negligence. Thus,
imprisonment may still be imposed. (Joya vs.
Galvez, 2003)
Absence of the notice merely prevents the
presumption of knowledge of insufficiency. The
prosecution must then prove knowledge with
evidence. Thus, the notice is NOT a prerequisite
for a BP22 prosecution. (Young vs. CA, 2005)
Page 153 of 174

ArtICLE 315. par. 2 (d) Postdating a check
Q: MM issued to CC a check as payment for a car
MM previously bought from CC. When the check
was presented for payment, the same was
dishonored for insufficiency of funds. CC filed a
case of estafa under Art. 315 par. 2 (d) against
MM. Will the action prosper?
A: NO. To constitute estafa under this provision, the
act of postdating or issuing a check in payment of
an obligation must be the efficient cause of
defraudation, and as such it should be either prior
to or simultaneous with the act of fraud. The
offender must be able to obtain money or property
from the offended party because of the issuance of
a check whether postdated or not. That is, the
latter would not have parted with his money or
other property were it not for the issuance of the
check.
An acquittal or conviction of the drawer under the
Revised Penal Code is not a bar to his
prosecution or conviction under BP 22, because
the latter law requires the additional fact of the
drawers knowledge of lack of insufficiency of
funds.
BOUNCING CHECKS LAW (B.P. 22)
Q: If a check is presented for payment 90 days after
date of issue, is the drawer thereof absolved from
criminal liability for B.P. 22?
A: NO, only the presumption of knowledge of
insufficiency of funds was lost, but such knowledge
could still be proven by direct or circumstantial
evidence. The law does not require a maker to
maintain funds in his bank account for only 90
days. It is not an element of the offense. That the
check must be deposited within ninety (90) days is
simply one of the conditions for the prima facie
presumption of knowledge of lack of funds to arise.
Neither does it discharge petitioner from his duty to
maintain sufficient funds in the account within a
reasonable time thereof.
If the reason for the dishonor of the check was that
it was drawn against uncollected deposit and not
drawn against insufficient funds, a prosecution
under B.P. 22 will still prosper because just the
same, said drawer has no sufficient funds in his
account to cover the amount of the check at the
time of its presentment.
An accommodation party is liable for BP 22
because what is penalized therein is the mere
issuance of a bouncing check. He is liable for the
even if she was not involved in the transaction for
which the check was issued.
A foreign check is covered by BP 22 provided it is
either drawn or issued in the Philippines though

payable outside thereof.
ESTAFA BY OBTAINING FOOD OR CREDIT AT
HOTELS, INNS, RESTAURANTS ETC.
3 ways of committing estafa under this provision:
1. By obtaining food, refreshment or
accommodation at a hotel, inn, restaurant,
boarding house, lodging or apartment house
without paying therefor, with intent to defraud
the proprietor or manager thereof;
2. By obtaining credit at any of the said
establishments by the use of any false
pretense; and
3. By abandoning or surreptitiously removing
any part of his baggage from any of the said
establishments after obtaining credit, food,
refreshment or accommodation therein,
without paying therefor.
ELEMENTS OF ESTAFA BY INDUCING ANOTHER
TO SIGN ANY DOCUMENT:
1. That the offender induced the offended party
to sign a document;
2. That deceit be employed to make him sign
the document;
3. That the offended party personally signed
the document; and
4. That prejudice be caused.
If offended party willingly signed the document

but there was deceit as to the character or
contents of the document, the crime is
falsification. But where the accused made
representations to mislead the complainant as to
the character of the document, the crime is
estafa.
ELEMENTS OF ESTAFA BY REMOVING,

CONCEALING OR DESTROYING DOCUMENTS:
1. That there be court records, office files,
documents or any other papers;
2. That the offender removed, concealed or
destroyed any of them; and
3. That the offender had intent to defraud
another.
If there is no intent to defraud, destroying or

removing said papers is malicious mischief.
Damage or prejudice as the 2nd element of any
form of estafa may consist in:
1. The offender party being deprived of his
money or property, as a result of the
defraudation;
2. Disturbance in property rights; or
3. Temporary prejudice.
Page 154 of 174

ILLEGAL RECRUITMENT
Under the Migrant Workers Act
R.A. No. 8042
Illegal Recruitment - Any act of canvassing,

enlisting, hiring, or procuring workers, including
referring contract services, promising or advertising
for employment abroad, whether for profit or not,
when undertaken by a non-licensee or non-holder of
authority.
Any such non-licensee or non-holder of authority
who, for a fee, offers and promises employment
abroad to two or more persons shall be deemed so
engaged in illegal recruitment.
Economic Sabotage:
Illegal recruitment by syndicate - committed by a
group of three (3) or more persons conspiring or
confederating with one another.
Large Scale Illegal Recruitment committed
against three (3) or more persons.
Penalty for Illegal Recruitment involving economic
sabotage is punishable by life imprisonment and fine
of P500,000 to P1,000,000.
ARTICLE 316. OTHER FORMS OF SWINDLING.
OTHER FORMS OF SWINDLING:

1. Any person who, pretending to be owner of
any real property, shall convey, sell,
encumber or mortgage the same.
2. Any person, who, knowing that real property
is encumbered, shall dispose of the same,
although such encumbrance be not recorded.
3. The owner of any personal property who
shall wrongfully take it from its lawful
possessor, to the prejudice of the latter or
any third person.
4. Any person who, to the prejudice of another,
shall execute any fictitious contract.
5. Any person who shall accept any
compensation given him under the belief that
it was in payment of services rendered or
labor performed by him, when in fact he did
not actually perform such services or labor.
6. Any person who, while being a surety in a
bond given in a criminal or civil action,
without express authority from the court or
before the cancellation of his bond or before
being relieved from the obligation contracted

by him, shall sell, mortgage, or, in any other
manner, encumber the real property or
properties with which he guaranteed the
fulfillment of such obligation.
ELEMENTS OF SWINDLING BY CONVEYING,
SELLING, ENCUMBERING, OR MORTGAGING
ANY REAL PROPERTY, PRETENDING TO BE THE
OWNER OF THE SAME:
1. That the thing be immovable, such as a
parcel of land or a building;
2. That the offender, who is not the owner of
said property, represented that he is the
owner thereof;
3. That the offender should have executed an
act of ownership (selling, leasing,
encumbering or mortgaging the real
property).
4. That the act be made to the prejudice of the
owner or a third person.
ESTAFA
Private individual
was entrusted
Intent to defraud
INFIDELITY IN THE
CUSTODY OF
DOCUMENTS
Public officer entrusted
No intent to defraud
ELEMENTS of SWINDLING BY DISPOSING OF

REAL PROPERTY AS FREE FROM
ENCUMBRANCE, ALTHOUGH SUCH
ENCUMBRANCE BE NOT RECORDED:
1. That the thing disposed of be real property;
2. That the offender knew that the real property
was encumbered, whether the encumbrance
is recorded or not.
3. That there must be express representation
by the offender that the real property is free
from encumbrance; and
4. That the act of disposing of the real property
be made to the damage of another.
ELEMENTS of SWINDLING BY WRONGFULLY
TAKING BY THE OWNER HIS PERSONAL FROM
ITS LAWFUL POSSESSOR:
1. That the offender is the owner of personal
property;
2. That said personal property is in the lawful
possession of another;
3. That the offender wrongfully takes it from
its lawful possessor; and
4. That prejudice is thereby caused to the
possessor or third person.
Page 155 of 174

ELEMENTS of SWINDLING BY SELLING,
MORTGAGING OR ENCUMBERING REAL
PROPERTY OR PROPERTIES WITH WHICH THE
OFFENDER GUARANTEED THE FULFILLMENT
OF HIS OBLIGATION AS SURETY:
1. That the offender is a surety in a bond given
in a criminal or civil action;
2. That he guaranteed the fulfillment of such
obligation with his real property or
properties;
3. That he sells, mortgages, or, in any other
manner encumbers said real property;
4. That such sale, mortage 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.
ARTICLE 317. SWINDLING A MINOR

ELEMENTS:
1. That the offender takes advantage of the
inexperience or emotions or feelings of a
minor;
2. That he induces such minor (a) to assume
an obligation, or (b) to give release, or (c) to
execute a transfer of any property right;
3. That the consideration is (a) some loan of
money, (b) credit or (c) other personal
property; and
4. That the transaction is to the detriment of
such minor.
ARTICLE 319. REMOVAL, SALE OR PLEDGE OF

MORTGAGED PROPERTY
ELEMENTS of SELLING OR PLEDGING

PERSONAL PROPERTY ALREADY PLEDGED:
1. That personal property is already pledged
under the terms of the Chattel Mortgage Law;
2. That the offender, who is the mortgagor of
such property, sells or pledges the same or
any part thereof; and
3. That there is no 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.
ELEMENTS of KNOWINGLY REMOVING
MORTGAGED PERSONAL PROPERTY:
1. That personal property is mortgaged under
the Chattel Mortage Law;
2. That the offender knows that such property
is so mortgaged;
3. That he removes such mortgaged personal
to any province or city other than the one in
which it was located at the time of the
execution of the mortgage;
4. That the removal is permanent; and
5. That there is no written consent of the
mortgagee or his executors, administrator or
assignees to such removal.
Chapter Eight. ARSON AND OTHER CRIMES

INVOLVING DESTRUCTIONS
ARTICLE 318. OTHER DECEITS

OTHER DECEITS ARE:
1. By defrauding or damaging another by any
other deceit not mentioned in preceding
articles; and
2. By interpretating dreams, making
forecasts, fortune-telling, or by taking
advantage of the credulity of the public in
any other similar manner for profit or gain.
P.D. 1613 expressly repealed or amended Arts 320326, but P.D. 1744 revived Art 320 Destructive
arson).
Chapter Seven. CHATTEL MORTGAGE
Arson is the malicious destruction of property by

fire.
Arson committed by any person who burns or
sets fire to the property of another or to his own
property under circumstances which expose to
danger the life or property of another
Attempted: Ex. Rags in gasoline,
Consummated: If any part of building burned
Frustrated:there is fire, but no part of hoiuse
burned
THREE KINDS OF ARSON:

1. Arson
Page 156 of 174

2. Destructive arson; and
3. Other cases of arson.
A. ELEMENTS of CRIME INVOLVING

DESTRUCTION:
1. That the offender causes destruction of the
property; and
2. That the destruction was done by means of:
a. explosion,
b. discharge of electric current,
c. inundation,
d. sinking or stranding of a vessel,
e. damaging the engine of the vessel,
f. taking up rails from the railway track,
g. destroying telegraph wires and posts or
those of any other system, or
h. other similar effective means of
destruction.
B. ELEMENTS of BURNING ONES PROPERTY
AS A MEANS TO COMMIT ARSON:
1. That the offender set fire to or destroyed
his own property;
2. That the purpose of the offender in doing so
was to commit arson or to cause a great
destruction; and
3. That the property belonging to another
was burned or destroyed.
C. ELEMENTS of ARSON:
1. That the property burned is the exclusive
property of the offender; and
2. That (a) the purpose of the offender is
burning it is to defraud or cause damage to
another, or (b) prejudice is actually caused,
or (c) the thing burned is a building in an
inhabited place.
Special aggravating circumstances in arson:
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or
hatred towards the owner or occupant of the
property burned; or
4. If committed by a syndicate.
DESTRUCTIVE ARSON:
The penalty of reclusion temporal in its maximum
period to reclusion perpetua shall be imposed upon
any person who shall burn:
1. Building or Edifice
2. Building Open to Public
3. Train, Locomotive, Ship or Vessel for

transportation, public use, leisure,
entertainment
4. Building, factory, warehouse for service of
Public Utilities
5. Building to conceal evidence, conceal
bankruptcy, defraud creditors
6. Arsenal/Military/General Museum
7. Inhabited Place
SECTION 6 OF PD 1613: PRIMA FACIE EVIDENCE
OF GUILT
1. If the fire started simultaneously in more than
one part of the building or establishment
2. If substantial amount of flammable
substances or materials are stored within the
building not of the offender nor for household
use
3. If gasoline, kerosene, petroleum or other
flammable or combustible substances or
materials soaked therewith or containers
thereof, or any mechanical, electrical,
chemical, or electronic contrivance designed
to start a fire, or ashes or traces of any of the
foregoing are found in the ruins or premises
of the burned building or property
4. If the building or property is insured for
substantially more than its actual value at the
time of the issuance of this policy
5. If during the lifetime of the corresponding fire
insurance policy more than two fires have
occurred in the same or other premises
owned or under control of the offender and/or
insured
6. If shortly before the fire, a substantial portion
of the effects insured and stored in a building
or property had been withdrawn from the
premises except in the ordinary course of
business
7. If a demand for money or other valuable
consideration was made before the fire in
exchange for the desistance of the offender
or for the safety of the person or property of
the victim
Chapter Nine. MALICIOUS MISCHIEF
ARTICLE 326. MALICIOUS MISCHIEF

ELEMENTS:
1. That the offender deliberately caused
damage to the property of another;
Page 157 of 174

4. Damage to property of National Museum or
National Library, archive, registry,
waterworks, road, promenade, or any other
thing used in common by the public.
Qualified malicious mischief is different from
sedition because the element of tumultuous
uprising is not present in the former crime.
2. That such act does not constitute arson or

other crimes involving destruction; and
3. That the act damaging anothers property be
committed merely for the sake of damaging
it.
MALICIOUS MISCHIEF: willful damaging of

anothers property for the sake of causing
damage due to hate, revenge or other evil motive
Malicious mischief cannot be committed
through negligence because the offender acts
with a specific desire to inflict injury to another.
If there is no malice in causing injury, the
offender incurs only civil liability.
Damage caused may also be a diminution in
value of the property.
But if the offender used the property after
causing damage to it, the crime is theft.
Damage in malicious mischief must not result
from a crime. (Ex. Breaking windows during
robbery is not malicious mischief.)
A person charged with malicious mischief may be
found guilty of damage to property through
reckless imprudence
ARTICLE 329. OTHER MISCHIEFS
ARTICLE 330. DAMAGE AND OBSTRUCTION TO

MEANS OF COMMUNICATION
VALEROSO vs. PEOPLE G.R. No. 149718. 0/29/03

The elements of the crime of malicious mischief
under Article 327 of the Revised Penal Code are: (1)
That the offender deliberately caused damage to the
property of another; (2) That such act does not
constitute arson or other crimes involving destruction;
(3) That the act of damaging another's property be
committed merely for the sake of damaging it. As to
the third element, petitioner was not justified in
summarily and extrajudicially demolishing private
complainant's structure. As it is, the petitioner
proceeded proceeded not so much to safeguard the
lot as it is the vent to his anger and disgust over the
no tresspassing sign he placed thereon. Indeed, his
act of summarily demolishing the house smacks of
his pleasure in causing damage to it.
ARTICLE 328. SPECIAL CASES OF MALICIOUS

MISCHIEF
CASES OF QUALIFIED MALICIOUS MISCHIEF:
1. Causing damage to obstruct performance
of public functions.
2. Using poisonous or corrosive substance.
3. Spreading infection or contagion among
cattle.
Mischiefs not included in Art. 328 are punished

according to the value of the damage caused.
Ex. scattering human excrement in public
building, killing of cow as an act of revenge, A
servant who released bird from cage as act of
hate against owner
This crime is done by damaging railways,

telegraph or telephone lines.
Railway system includes electric wires, traction
cables, signal system, and other things pertaining
to railways
Removing rails from a railway track to cause
destruction constitutes crime involving
destruction under Art. 324.
Art. 330 is not applicable when the damaged
telegraph/phone lines do not pertain to a railway
system. Hence, cutting telephone lines or those
for transmission of electric power/light not
pertaining to railways is not covered by this
article.
If people are killed as a result of the damage
caused and the offender had no intent to kill, the
crime is damages to means of communication
with homicide. If there is intent to kill and
damaging the railways was the means to
accomplish the criminal purpose, the crime is
murder.
If the damage shall result in any derailment of
cars, collision or other accident, a higher penalty
shall be imposed.
Derailment of cars should not have been
purposely sought for
ARTICLE 331. DESTROYING OR DAMAGING

STATUES, PUBLIC MONUMENTS OR PAINTINGS
Page 158 of 174

1. That the woman is married (even if
marriage is subsequently declared void);
2. That she has sexual intercourse with a man
not her husband; and
3. That as regards the man with whom she
has sexual intercourse, he must know her
to be married.
Chapter Ten. EXEMPTION FROM CRIMINAL

LIABILITY IN CRIMES AGAINST PROPERTY
ARTICLE 332. PERSONS EXEMPT FROM

CRIMINAL LIABILITY IN CRIMES AGAINST
PROPERTY.
OFFENSES INVOLVED IN THE EXEMPTION:
1. Theft,
2. Swindling (estafa), and
3. Malicious mischief.
PERSONS EXEMPT FROM CRIMINAL LIABILITY:
1. Spouses, ascendants and descendants, or
relatives by affinity in the same line.
2. The widowed spouse with respect to the
property w/c belonged to the deceased
spouse before the same passed into the
possession of another.
3. Brothers and sisters and brothers-in-law and
sisters-in-law, if living together.
Only civil liability is incurred by the offenders

who are exempt by law from criminal liability.
Parties to the crime who are not related to the
offended party still remain criminally liable.
Law recognized presumed co-ownership of
property between offender and offended party
Persons exempt from criminal liability include:
1. stepfather/mother (ascendants by affinity)
2. adopted children (descendants)
3. concubine/paramour (spouse)
4. common-law spouse.
TITLE ELEVEN
CRIMES AGAINST CHASTITY
EFFECT OF PARDON:
The pardon must come before the institution of
criminal prosecution
Both the offenders must be pardoned by the
offended party
Act of intercourse subsequent to adulterous
conduct is an implied pardon
Consent is a cause for dismissal of complaint
Article 334. Concubinage
ELEMENTS:
1. The man must be married;
2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal
dwelling,
b. Having sexual intercourse under
scandalous circumstances with a
woman who is not his wife,
c. Cohabiting with her in any other place;
3. That as regards the woman, she must
know him to be married.
Chapter One. ADULTERY AND CONCUBINAGE
Article 333. Adultery

ELEMENTS:
Adultery is mitigated if the adulterous wife was

abandoned w/o justification by the offended
spouse. Both the wife and her paramour are
entitled to this mitigating circumstance. (People
vs. Avelino)
Adultery may be attempted.
Sheer necessity, though woman not abandoned
by her husband, mitigates liability of married
woman
The offended party must be legally married to the
offender at the time of the criminal case
Carnal knowledge may be proved by
circumstantial evidence
Each sexual intercourse constitutes a crime of
adultery
A married man is not liable for concubinage for

mere sexual relations with a woman not his wife.
CONJUGAL DWELLING means the home of the
husband and wife even if the wife happens to be
temporarily absent on any account.
SCANDAL consists in any reprehensible
word/deed that offends public conscience,
redounds to the detriment of the feelings of
Page 159 of 174

honest persons, and gives occasion to the

neighbors spiritual damage and ruin.
COHABIT means to dwell together, in the
manner of husband and wife, for some period of
time, as distinguished from occasional, transient
interviews for unlawful intercourse.
That woman must be taken into conjugal dwelling
as a concubine
People in the vicinity are the best witnesses to
prove scandalous circumstances
Adultery is more severely punished than
concubinage
1. In Grave Coercion, the compulsion is the

crime itself but it is merely a means to
commit Acts of Lasciviousness
2. The difference between Acts of
Lasciviousness and Unjust Vexation is that in
the former there is lewd design this can be
inferred from circumstances surrounding the
commission of the crime: place, time,
presence of other people, what was done;
But if it is clear that intention is to have
intercourse, crime could be attempted rape; if
accused desisted in the commission of
attempted rape, it may be a consummated
crime of acts of lasciviousness
Chapter Two. RAPE AND ACTS OF

LASCIVIOUSNESS
ARTICLE 336. ACTS OF LASCIVIOUSNESS

ELEMENTS:
1. That the offender commits any act of
lasciviousness or lewdness;
2. That the act of lasciviousness is committed
against a person of either sex; and
3. That it is done under any of the following
circumstances:
a. by using force or intimidation, or
b. when the offended party is deprived of
reason or otherwise unconscious, or
c. by means of fraudulent machination or
grave abuse of authority, or
d. when the offended party is under 12
years of age or is demented.
Q: How is the crime of acts of lasciviousness
distinguished from attempted rape?
A: The following are the distinctions:
(a) If the acts performed by the offender clearly
indicate that his purpose was to lie with the
offended woman attempted rape.
(b) In the case of attempted rape, the lascivious
acts are but the preparatory acts to the
commission of rape; whereas in acts of
lasciviousness, the lascivious acts are
themselves the final objective sought by the
offender.
Acts of Lasciviousness should be differentiated
from Grave Coercion and Unjust Vexation:
Lewd design act with particular design to

independently derive vicarious pleasure
therefrom; not merely a silly whim
No attempted or frustrated Acts of
Lasciviousness
From the standpoint of law, there can be no
frustration of acts of lasciviousness. No matter
how far the offender may have gone towards the
realization of his purpose, if his participation
amounts to performing all acts of execution, the
felony is necessarily produced as a consequence
thereof.
PEOPLE vs. PALMA, G.R. Nos. 148869-74.

12/11/03
In the absence of convincing proof that the penis had
slid into the female organ, rape was not committed.
Where the victim merely stated that she was carried
around the sala with appellant's penis "touching" her
vagina, it would not be right to conclude that the act
of the penis "touching" the vagina was an entry or
penetration, even slightly, of the labia majora or the
labia minora of the pudendum. The appellant is guilty
of acts of lasciviousness and not rape.
PEOPLE vs. AQUINO G.R. No. 139181. 10/27/03
The appellants act of directing Analyn to remove her
lower apparel constitutes an act of lasciviousness
under Article 336 of the Revised Penal Code, and not
rape.
Chapter Three. SEDUCTION, CORRUPTION OF

MINORS, AND WHITE SLAVE TRADE
SEDUCTION means the enticing a woman to

unlawful sexual intercourse by promise of marriage
or other means of persuasion without the use of
force.
Page 160 of 174

any capacity, is
entrusted with
the education
or custody of
the woman
seduced
2 KINDS OF SEDUCTION:
1. qualified seduction
2. simple seduction.
ARTICLE 337. QUALIFIED SEDUCTION

2 CLASSES OF QUALIFIED SEDUCTION:
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.;
and
2. Seduction of a sister by her brother or
descendant by her ascendant, regardless
of her age or reputation. (incestuous
seduction)
ELEMENTS OF QUALIFIED SEDUCTION OF A
VIRGIN:
1. That the offended party is a virgin, which is
presumed if she is unmarried and of good
reputation;
2. That she must be over 12 and under 18
years of age;
3. That the offender has sexual intercourse
with her; and
4. That there is abuse of authority,
confidence or relationship on the part of
the offender (person entrusted with education
or custody of victim; person in public
authority, priest; servant).
PERSONS LIABLE:
1. Those who abuse their authority:
a. persons in public authority
b. guardian
c. teacher
d. person who, in any capacity, is entrusted w/
the education or custody of the woman
seduced
2. Those who abused the confidence reposed in
them:
a. priest
b. house servant
c. domestic
3. Those who abused their relationship:
a. brother who seduced his sister
b. ascendant who seduced his descendant
Authority
-Public
Authority
-Guardian
-Teacher
-Person who, in
Confidence
- Priest
- House servant
- Domestic
(person living in
same roof, may
Relationship
- Brother who
seduced his
sister
- Ascendant
who seduced
be temporary,
permanent as
long as same
household)
his descendant
The penalty for qualified seduction of a sister or

descendant is higher than qualified seduction of a
virgin.
Deceit is not an element of qualified seduction.
Abuse of Confidence, acts punished because of
character of person committing the same, and
excess of power or abuse of confidence
The offended party need not be a virgin
physically virgin is a virtuous woman of good
reputation
Deceit is not an element of qualified seduction; it
is an element of simple seduction
Accused charged with rape cannot be convicted
of qualified seduction under the same
information.
ARTICLE 338. SIMPLE SEDUCTION

ELEMENTS:
1. That the offended party is over 12 and
under 18 years of age;
2. That she must be of good reputation, single
or widow;
3. That the offender has sexual intercourse
with her; and
4. That it is committed by means of deceit.
Virginity of the victim is not required in simple

seduction.
Deceit generally takes the form is unfulfilled
promise to marry.
Promise of marriage by a married man, whom the
victim knew to be married, is not deceit.
Promise of marriage after sexual intercourse is
not deceit.
No continuing offense of seduction
Man may be willing and ready to marry the girl
but simple seduction is still committed when man
knows that the offended party cannot legally
consent to marriage
ARTICLE 339. ACTS OF LASCIVIOUSNESS WITH

THE CONSENT OF THE OFFENDED PARTY
ELEMENTS:
Page 161 of 174

1. That the offender commits acts of
lasciviousness or lewdness;
2. That the acts are committed upon a woman
who is a virgin or single or a widow of
good reputation, under 18 years of age
but over 12 years, or a sister or
descendant regardless of her reputation
or age.
3. That the offender accomplishes the acts by
abuse of authority, confidence,
relationship, or deceit.
ARTICLE 340. CORRUPTION OF MINORS
The act punishable is the promotion or

facilitating the prostitution or corruption of
persons under age to satisfy the lust of another.
It is not necessary that the unchaste acts shall
have been done to the minor. Hence, a mere
proposal will consummate the offense.
R.A. 7610 punishes child prostitution committed

by:
1. Those who engage in or promote, facilitate
or induce child prostitution;
2. Those who commit the act of sexual
intercourse or lascivious conduct with a child
exploited in prostitution or subjected to other
sexual abuse;
3. Those who derive profit or advantage
therefrom. (Ex. manager/owner of the
establishment where child prostitution takes
place);
4. Any person, not being a relative of the child,
is found alone with the said child in a
hidden or secluded area under
circumstances which lead a reasonable
person to believe that the child is about to
be exploited in prostitution and other sexual
abuse; and
5. Any person who receives services from a
child in a sauna parlor or bath, massage
clinic, health club, and other similar
establishments.
Q: What is Child Prostitution?
A: It is engaging in sexual intercourse or acts of
lasciviousness with a child, who for money or profit
or due to coercion is exploited to indulge in such
activities. The victim maybe male or female.
If the victim is under twelve (12) years of age, the
offender shall NOT be prosecuted under RA 7610,
but shall be prosecuted for statutory rape or acts of
lasciviousness as the case maybe.
Q:
What is an Attempt to Commit Child

Prostitution under RA 7610?
A: It an offense committed by a person who, not
being a relative of a child, is found alone with said
child inside the room or cubicle of a house, hotel,
or other similar establishments vessel, vehicle or
any other secluded area under circumstances
which would lead a reasonable person to believe
that the child is about to be exploited in prostitution
and other child abuse.
It is also committed by one person who receives
services from a child in a sauna parlor, massage
clinic, or any other similar establishments.
Q: What is Child Trafficking?
A: It is the act of buying and selling a child for
money, or for any other consideration, or barter.
ARTICLE 341. WHITE SLAVE TRADE

ACTS PENALIZED:
1. Engaging in the business of prostitution;
2. Profiting by prostitution; and
3. Enlisting the service of women for the
purpose of prostitution.
One of those above-mentioned acts is sufficient

to constitute the offense
Habituality not a necessary element of white
slave trade
Offender need not be owner of house and need
not be present at time of raid; it suffices that he
maintains or engages in business
Under any pretext if real purpose is
prostitution, it doesnt matter if one engages
sevices of woman ostensibly as maid, for
example
Chapter Four. ABDUCTION
ARTICLE 342. FORCIBLE ABDUCTION

ELEMENTS:
1. That the person abducted is any woman,
regardless of her age, civil status, or
reputation;
2. That the abduction is against her will; and
3. That the abduction is with lewd designs.
Page 162 of 174

When there is deprivation of liberty and no lewd

designs, the crime is kidnapping and serious
illegal detention.
Any woman, may be married; if child under 12
years of age, crime is forcible abduction, even if
she voluntarily goes with her abductor
Taking away must be against will of woman; may
be accomplished by means of deceit first and
then by means of violence and intimidation
Actual intercourse not necessary; lewd designs
may be shown by conduct of the accused; intent
to seduce girl sufficient; lewd designs present in
hurried ceremony of marriage by force where
marriage is merely an artifice by which accused
sought to escape criminal consequences of his
acts
When there are several defendants, it is enough
that one of them had lewd designs
Husband not liable for abduction of wife as lewd
design is wanting
Nature of crime: against liberty, honor and
reputation, and public order
Forcible abduction v. Grave coercion v.
Kidnapping presence of lewd design makes it
forcible abduction; Kidnapping and Serious illegal
detention if there is deprivation of liberty with no
lewd design (Violent taking of woman motivated
by lewd design and victim raped - Forcible
abduction with rape, instead of Kidnapping with
rape; Attempt to rape is absorbed in abduction)
Forcible Abduction v. Corruption of minors
depends on purpose; purpose of Corruption is to
lend her to illicit intercourse with others
Forcible Abduction v. Rape: if resistance of
woman to alleged rape was not tenacious; rape
may also absorb forcible abduction if main
objective was to rape the victim
Attempt to rape absorbed in element of lewd
design
Conviction of Acts of Lasciviousness, not a bar to
conviction of forcible abduction
PEOPLE vs. CARAANG, GR 148424-27. 12/11/03

The complex crime of forcible abduction with Rape
occurs when there is carnal knowledge of the
abducted woman under any of the circumstances
mentioned earlier when force or intimidation is used;
when the woman is deprived of reason or is
otherwise unconscious; and when the woman is
under twelve years of age or is demented. The
employment of deception suffices to constitute
forcible abduction. This Court has previously ruled
that if the victim's consent was obtained through
deceit and there was therefore no valid consent, the
crime is forcible abduction, as the deceit may be
considered as constructive force.

The second
element, lewd design, was established by the actual
rapes.
AGE AND REPUTATION NOT NECESSARY:
1. Rape
2. Acts of lasciviousness against the will or
without the consent of the offended party
3. Qualified seduction of sister or descendant
4. Forcible Abduction
ARTICLE 343. CONSENTED ABDUCTION

ELEMENTS:
1. That the offended party must be a virgin;
2. That she must be over 12 and under 18
years of age;
3. That the taking away of the offended party
must be with her consent, after solicitation
or cajolery from the offender; and
4. That the taking away of the offended party
must be with lewd designs.
If the virgin is under 12 years of age, the crime

committed is forcible abduction, even if the girl
consented to the elopement.
The abduction of the victim need not be with
some character of permanence.
Virginity: not in a material sense as to exclude
the idea of abduction of a virtuous woman of
good reputation
It is sufficient that abductor was instrumental in
escape of victim, need not be taken from her
house
Requires solicitation or cajolery
ANTI-SEXUAL HARASSMENT ACT (R. A. NO.

7877)
How committed:
In a work-related or employment environment,
sexual harassment is committed when:
1. The sexual favor is made as a condition in
the hiring or in the employment, reemployment or continued employment of
said individual, or in granting said individual
favorable compensation, terms of conditions,
promotions, or privileges; or the refusal to
grant the sexual favor results in limiting,
Page 163 of 174

segregating or classifying the employee
which in any way would discriminate,
deprive or diminish employment opportunities
or otherwise adversely affect said employee;
2. The above acts would impair the
employee's rights or privileges under
existing labor laws; or
3. The above acts would result in an
intimidating, hostile, or offensive
environment for the employee.
In an education or training environment, sexual
harassment is committed:
1. Against one who is under the care, custody
or supervision of the offender;
2. Against one whose education, training,
apprenticeship or tutorship is entrusted to
the offender;
3. When the sexual favor is made a condition
to the giving of a passing grade, or the
granting of honors and scholarships, or the
payment of a stipend, allowance or other
benefits, privileges, or consideration; or
4. When the sexual advances result in an
intimidating, hostile or offensive
environment for the student, trainee or
apprentice.
applies as well to the accomplices, accessories-afterthe-fact.

Exception: In case of multiple rape.
ARTICLE 345. CIVIL LIABILITY OF PERSONS

GUILTY OF CRIMES AGAINST CHASTITY.
PERSON GUILTY OF RAPE, SEDUCTION OR
ABDUCTION, SHALL ALSO BE SENTENCED:
1. To indemnify the offended woman.
2. To acknowledge the offspring, unless the law
should prevent him from so doing.
3. In every case to support the offspring.
Chapter Five. PROVISIONS RELATIVE TO THE

PRECEDING CHAPTERS OF TITLE 11
ARTICLE 344. PROSECUTION OF ADULTERY,

CONCUBINAGE, SEDUCTION, ABDUCTION, AND
ACTS OF LASCIVIOUSNESS
1. Adultery and concubinage must be
prosecuted upon complaint signed by the
offended spouse.
2. Seduction, abduction, or acts of
lasciviousness must be prosecuted upon
complaint signed by:
a. offended party,
b. by her parents,
c. grandparents, or
d. guardians
* in the order in which they are named above.
The adulterer and the concubine in the case

provided for in Articles 333 and 334 may also be
sentenced, in the same proceeding or in a
separate civil proceeding, to indemnify for
damages caused to the offended spouse.
No civil liability for Acts of Lasciviousness
Moral damages may be awarded to offended
party, and the parents for seduction, abduction,
rape, other lascivious acts (Article 2219 Civil
Code)
Multiple Rape(by multiple offenders): all of them
must support offspring, not one may be made to
acknowledge offspring
Amount and terms of support to be determined in
a hearing (Article 201 Family Code)
Only Indemnity in Rape of Married Woman
ARTICLE 346. LIABILITY OF ASCENDANTS,

GUARDIANS, TEACHERS, OR OTHER PERSONS
ENTRUSTED WITH CUSTODY OF OFFENDED
PARTY
Persons who cooperate as accomplices but

are punished as principals in rape, seduction,
abduction, etc: 1) Ascendants, 2) Guardians, 3)
Curators, 4) Teachers, and 5) Any other person,
who cooperates as accomplice with abuse of
authority or confidential relationship.
TITLE TWELVE
CRIMES AGAINST THE CIVIL STATUS OF
PERSONS
General Rule: Marriage in good faith of the offender

w/ the offended party extinguishes the criminal action
or remit the penalty already imposed upon him. This
Page 164 of 174

ARTICLE 349. BIGAMY
Chapter One. SIMULATION OF BIRTHS AND
USURPATION OF CIVIL STATUS
ARTICLE 347. SIMULATION OF BIRTHS,

SUBSTITUTION OF ONE CHILD FOR ANOTHER;
AND CONCEALMENT OR ABANDONMENT OF A
LEGITIMATE CHILD
Acts punished:
1. Simulation of births,
ELEMENTS:
a) The child is baptized or registered in the
Registry of birth as the offenders;
b) The child loses its real status and acquires a
new one; and
c) The offenders purpose was to cause the loss
of any trace as to the childs true filiation.
2. Substitution of one child for another, or
3. Concealing or abandoning any legitimate child
w/ the intent to cause such child to lose its civil
status.
ELEMENTS:
a) The child must be legitimate;
b) The offender conceals or abandons such
child; and
c) The offender has the intent to cause the
child to lose its civil status.
ELEMENTS:
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 Civil
Code;
3. That he contracts a second or subsequent
marriage; and
4. That the second or subsequent marriage has
all the essential requisites for validity.
The fact that child will be benefited by simulation

of birth is not a defense since it creates a false
status to the detriment of members of family to
which the child is introduced
Father who sells child is not liable under this
article since there is no abandonment
ARTICLE 348. USURPATION OF CIVIL STATUS
This felony is committed by a person who

assumes the filiation, or the parental or
conjugal rights of another.
Criminal intent to enjoy the civil rights of
another by the offender knowing he is not entitled
thereto is necessary to constitute this crime.
Circumstance qualifying the offense: When the
purpose of the impersonation is to defraud the
offended party or his heirs.
Chapter Two. ILLEGAL MARRIAGES
The crime of bigamy does not fall within the

category of private crimes. Hence, it can be
prosecuted even w/o the initiative of the offended
party.
The fact that the 1st marriage is void from the
beginning is not a defense in a bigamy charge.
There is a need for judicial declaration of the
nullity of the 1st marriage. Similarly, there must
also be a summary proceeding to declare the
absent spouse presumptively dead for purposes
of remarriage.
Failure to exercise due diligence to ascertain the
whereabouts of the 1st wife and the husbands
remarriage is bigamy through reckless
imprudence.
One convicted for bigamy may be prosecuted for
concubinage as both are distinct offenses.
The second spouse is not necessarily liable for
bigamy.
One who falsely vouches for the capacity of the
either of the contracting parties knowing that one
of the parties is already married is an accomplice.
A pardon by the offended party does not
extinguish criminal action considering that a
crime is committed against the State and the
crime of Bigamy is a public offense which can be
denounced not only by the person affected
thereby but even by a civic-spirited citizen who
may come to know the same.
ARTICLE 350. MARRIAGE CONTRACTED

AGAINST PROVISIONS OF LAWS
ELEMENTS:
1. That the offender contracted marriage; and
2. That he knew at the time that a. the requirements of the law were not
complied with, or
Page 165 of 174

2. That the imputation must be made publicly;
3. That it must be malicious;
4. That the imputation must be directed at a
natural or juridical person, or one who is
dead;
5. That the imputation must tend to cause the
dishonor, discredit or contempt of the
person defamed.
b. the marriage was in disregard of a legal

impediment.
Circumstance qualifying the offense: if either of

the contracting parties obtains the consent of the
other by means of violence, intimidation or
fraud.
ARTICLE 351. PREMATURE MARRIAGES
PERSONS LIABLE:
1.
A widow who married within 301 days from
the date of the death of her husband, or
before having delivered if she is pregnant
at the time of his death.
2.
A woman whose marriage having been
dissolved or annulled, married before her
delivery or w/in 301 days after the date of the
legal separation.
The purpose of the law in punishing the foregoing

acts is to prevent doubtful paternity.
ARTICLE 352. PERFORMANCE OF ILLEGAL
MARRIAGE CEREMONY
1. Act punished: performance or authorization by a

priest or minister of any religious denomination or
sect or by civil authorities of any illegal marriage
ceremony.
2. But a clergyman who performed a marriage
ceremony without knowledge of the minority of
one of the parties is not liable.
TITLE THIRTEEN
CRIMES AGAINST HONOR
Chapter One. LIBEL
ARTICLE 353. DEFINITION OF

LIBEL/DEFAMATION
ELEMENTS:
1. That there must be an imputation of a crime,
or of a vice or defect, real or imaginary, or
any act, omission, condition, status, or
circumstance;
Libel is a public and malicious imputation of a

crime, or a vice or defect, real or imaginary or
any act, commission, condition, status or
circumstances tending to cause the dishonor,
discredit or contempt of a natural or juridical
person, or to blacken the memory of one who is
dead.
Kinds of malice: (a) malice in law that which
should be proved, or (b) malice in fact that
which may be taken for granted due to the
grossness of the imputation.
Defamation is the proper term for libel as used in
Article 353
Defamation: may be libel or slander
No distinction between calumny, insult, and libel:
all kinds of attack against honor and reputation is
punished
Malice is presumed to exist in injurious
publications.
Publication is the communication of the
defamatory matter to some third person/s.
Person libeled must be identified. But the
publication need not refer by name to the libeled
party. If not named it must be shown that the
description of the person referred to in the
defamatory publication was sufficiently clear so
that at least a 3rd person would have identified
the offended party.
Meaning of writer immaterial
Defamatory remarks directed at a group of
persons are not actionable unless the
statements are all embracing or sufficiently
specific for each victim to be identifiable.
There are as many counts of libel as there are
persons defamed.
To presume publication, there must be a
reasonable probability that the alleged libelous
matter was thereby exposed to be read or seen
by 3rd persons.
In libel, the false accusation need not be made
under oath. Perjury requires that the false
accusation is made under oath.
Seditious libel is punished under Article 142
Criteria to determine whether statements are

defamatory:
Page 166 of 174

1. Words are calculated to induce the hearers
to suppose and understand that the person
against whom they are uttered were guilty of
certain offenses, or are sufficient to
impeach their honesty, virtue or reputation,
or to hold the person up to public ridicule;
and (US v OConnel)
2. Words are construed not only as to the
expression used but also with respect to the
whole scope and apparent object of the
writer. (People vs. Encarnacion)
ARTICLE 354. REQUIREMENT OF PUBLICITY.

Kinds of privileged communication:
1. Absolutely privileged not actionable even
if the actor has acted in bad faith;
2. Qualifiedly privileged those which,
although containing defamatory imputations,
are not actionable unless made with
malice or bad faith.
General Rule: Every defamatory imputation is
presumed malicious, even if it be true, if no good
intention and justifiable motive for making it is shown.
Exceptions:
1. private communication in performance of legal,
moral or social duty
2. Requisites:
a. That the person who made the
communication had a legal, moral or social
duty to make the communication or at least
he had an interest to be upheld;
b. That the communication is addressed to an
officer or a board, or superior, having some
interest or duty on the matter; and
c. That the statements in the communication
are made in good faith without malice in fact.
3. fair and true report of official proceedings,
made in good faith, without any comments
and remarks
4. Requisites:
a. That the publication of a report of an official
proceeding is a fair and true report of a
judicial, legislative, or other official
proceedings which are not of confidential
nature, or of a statement, report, or speech
delivered in said proceedings, or of any other
act performed by a public officer in the
exercise of his functions;
b. That it is made in good faith; and
c. That it is made without any comments or
remarks
Prosecution must prove malice in fact to convict

the accused in case of qualified privileged
communication
The privilege simply does away with presumption
of malice
Absolute Privileged Communication: not
actionable even if done in bad faith statements
made by members of Congress in discharge of
functions, Judicial Proceedings when pertinent
and relevant to subject of inquiry
Qualified privilege is lost by proof of malice
Applying to wrong person due to honest mistake
does not take case out of the privilege
Unnecessary publicity destroys good faith
Defense of privileged communication in
paragraph 1: will be rejected if it is shown that
accused acted with malice in fact and there is no
reasonable ground for believing the charge to be
true(for example, no personal investigation made;
probable cause in belief is sufficient)
Malice in fact: rivalry or ill-ffeling existing at date
of publication, intention to injure the reputation of
offended party, motivated by hate and revenge
In proceedings, communication/ pleadings/others
must be pertinent and material to subject matter
to be covered by privilege
Only matters which are not confidential in nature
may be published
Defamatory remarks and comments on the
conduct or acts of public officers which are
related to the discharge of their official duties will
not constitute libel if defendant proves the truth of
imputation; any attack upon private character on
matters not related to discharge of official duties
may be libelous
Conduct related to discharge of duties of public
officers are matters of public interest
Mental, moral and physical fitness of candidates
for public office may be object of criticism;
criticism does not follow a public man into his
private life and domestic concerns
Statements made in self defense or in mutual
controversy are often privileged; person libeled is
justified to hit back with another libel
However, retaliation and vindictiveness cannot be
basis of self-defense in defamation; self-defense
must be on matters related to imputations made
on person invoking defense
He who published what is true, and in good faith
and for justifiable ends, incurs no responsibility
R. A. No. 4200
The Anti-Wire Tapping Act
Page 167 of 174

PERSONS LIABLE:
1. Any person, not being authorized by all the
parties to any private communication or spoken
word:
a. taps any wire or cable; or
b. uses any other device or arrangement, to
secretly overhear, intercept, or record such
communication or spoken word by using a
device commonly known as a dictaphone or
dictagraph or walkie-talkie or tape recorder,
or however otherwise described.
2. Any person, whether or not a participant in the
above-mentioned acts:
a. knowingly possesses any tape record, wire
record, disc record, or any other such record
or copies thereof of any communication or
spoken word; or
b. replays the same for any other person/s; or
c. communicates the contents thereof, either
verbally or in writing, to any other person; or
d. furnishes transcriptions thereof, whether
complete or partial, to any other person.
A peace officer is exempt from liability if his acts

were done under lawful order of the court.
However, he can only use the recording for the
case for which it was validly requested.
Information obtained in violation of the Act is
inadmissible in evidence in any hearing or
investigation.
An extension phone is not one of those
prohibited under R.A. 4200. There must be
either a physical interruption through the wiretap
or the deliberate installation of a device or
arrangement in order to overhear, intercept or
record the spoken words.
ARTICLE 355. LIBEL BY MEANS OF WRITINGS

OR SIMILAR MEANS.
The means by which libel may be committed are

writing, printing, lithography, engraving, radio,
phonograph, painting, theatrical or
cinematographic exhibitions, or any similar
means.
Use of amplifier slander
Television program libel
Penalty is in addition to civil liability
Libel may be absorbed in crime of threats if intent
to threaten is principal aim and object
ARTICLE 356. THREATENING TO PUBLISH LIBEL

AND OFFER TO PREVENT SUCH PUBLICATION
FOR A COMPENSATION
ACTS PUNISHABLE:
1. By threatening another to publish a libel
concerning him, or his parents, spouse, child,
or other members of his family; or
2. By offering to prevent the publication of
such libel for compensation, or money
consideration.
BLACKMAIL as any unlawful extortion of money

by threats of accusation and exposure is possible
in the crimes of light threats (Art. 283) and in
threat to publish libel (Art 356).
ARTICLE 357. PROHIBITED PUBLICATION OF

ACTS REFERRED TO IN THE COURSE OF
OFFICIAL PROCEEDINGS
ELEMENTS:
1. That the offender is a reporter, editor or
manager of a newspaper, daily or
magazine;
2. That he publishes facts connected with the
private life of another; and
3. That such facts are offensive to the honor,
virtue and reputation of said person.
The prohibition to publish applies even such

publication be made in connection w/ or under
the pretext that it is necessary in the narration of
any judicial or administrative proceedings
wherein such facts have been mentioned.
Art. 357 constitutes the Gag law which bars
from publication news reports on cases
pertaining to adultery, divorce, issues about
the legitimacy of children, etc.
Source of news report may not be revealed
unless court or Congress finds such revelation is
demanded by the security of the State
ARTICLE 358. SLANDER/ ORAL DEFAMATION.

KINDS OF ORAL DEFAMATION:
1. Grave slander - defamation is of a serious
and insulting nature;
2. Simple slander - light insult or defamation.
Page 168 of 174

3. The editor or business manager of a daily
newspaper magazine or serial publication; and
4. The owner of the printing plant which
publishes a libelous article with his consent
and all other persons, who in any way
participate in or have connection with its
publication.
FACTORS THAT DETERMINE GRAVITY OF THE

OFFENSE:
1. expressions used
2. personal relations of the accused and the
offended party,
3. circumstances surrounding the case, and
4. social standing and position of the victim.
Words uttered in the heat of anger constitute light

oral defamation.
If the utterances were made publicly and were
heard by many people and the accused at the
same time pointed his finger at the complainant,
oral defamation is committed.
ARTICLE 359. SLANDER BY DEED

ELEMENTS:
1. That the offender performs any act not
included in any other crime against
honor;
2. That such act is performed in the presence
of other person or persons; and
3. That such act casts dishonor, discredit or
contempt upon the offended party.
Seriousness of slander by deed depends on the

social standing of offended party, the
circumstances surrounding the act, the occasion
Distinctions:
1. Unjust vexation - irritation or annoyance;
anything that annoys or irritates without
justification.
2. Slander by deed - irritation or annoyance +
attendant publicity and dishonor or
contempt.
3. Acts of lasciviousness - irritation or
annoyance + any of the 3 circumstance
provided in Art. 335 on rape (i.e. use of force
or intimidation; deprivation of reason or
rendering the offended unconscious; or if
offended party was under 12 years old,
together with lewd designs)
ARTICLE 360. PERSONS RESPONSIBLE FOR

LIBEL
PERSONS LIABLE:
1. The 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;
VENUE OF CRIMINAL AND CIVIL ACTION FOR

DAMAGES IN CASES OF WRITTEN
DEFAMATION:
1. where the libelous article is printed and 1st
published, or
2. where any of the offended parties actually
resides at the time of the commission of the
offense, or
3. where one of the offended parties is a
public officer:
a. if his office is in the City of Manila, with
the RTC of Manila, or the city/province
where the article is printed and 1st
published
b. otherwise, with the RTC of the
city/province where he held office at the
time of offense; or where the article is 1st
published, or
4. where one of the offended parties is a
private individual, with the RTC of
province/city where he actually resides at
the time of the crime or where the article
was printed or 1st published.
Complaint for defamation imputing a private

crime (i.e. adultery, concubinage, seduction,
abduction, and acts of lasciviousness) must be
filed by the offended party.
Person who publishes libelous letter written by
offended party is liable (publishing and not
composing is the prime requisite of crime)
Liability of editor is same as author
Limitations of venue: in order to minimize
interference with public function if a public officer,
and also to avoid unnecessary harassment of
accused(to limit out-of-town libel suits)
Actual damages need not be proved where
publication is libelous per se
Action for exemplary damages may be awarded if
action is based on quasi-delict
No remedy for damages for slander or libel in
case of absolutely privileged communication
ARTICLE 361. PROOF OF THE TRUTH
Page 169 of 174

PROOF OF TRUTH IS ADMISSIBLE WHEN:
1. the act or omission imputed constitutes a
crime regardless of whether the offended
party is a private individual or a public officer,
or
2. 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 FOR ACQUITTAL FROM A LIBEL
CHARGE :
1. it appears that the matter charged as libelous
is TRUE (for situations (a) and (b) above);
and
2. it was published with good motives and for
a justifiable end (for situation (a) only).
The proof of the truth of the accusation cannot be

made to rest upon mere hearsay, rumors, or
suspicion but upon positive, direct evidence upon
which a definite finding may be made by the
court.
An imputation that a person has contagious
disease might under ordinary circumstances be
defamatory but loses such character when made
with good intention and justifiable motive
There is no libel when there is no malice
Retraction may mitigate the damages; if article is
libelous per se, publication due to honest mistake
is only mitigating
ARTICLE 363. INCRIMINATING INNOCENT

PERSON
ELEMENTS:
1. That the offender performs an act;
2. That by such act he directly incriminates or
imputes to an innocent person the
commission of a crime; and
3. That such act does not constitute perjury.
2 KINDS OF INCRIMINATING AN INNOCENT
PERSON:
1. Making a statement which constitutes:
a. defamation, or
b. perjury (if made under oath and is false)
2. Planting evidence
ARTICLE 364. INTRIGUING AGAINST HONOR
ARTICLE 362. LIBELOUS REMARKS
Libelous remarks or comments on privileged

matters (under Art. 354), if made with malice in
fact, will not exempt the author and editor.
This article is a limitation to the defense of
privileged communication.
Even if matter is privileged and malice in fact is
proved, author and editor is liable
Author/editor of publication who distorts,
mutilates or discolors official proceedings
reported by him, or add comments thereon to
cast aspersion on character of parties concerned
is guilty of libel
Chapter Two. INCRIMINATORY MACHINATIONS
Art 363 is limited to planting evidence and the

like, which tend directly to cause false
prosecution.
Incriminatory machinations distinguished from
defamation does not avail himself of written or
spoken words
There is a complex crime of incriminating an
innocent person through unlawful arrest
This felony 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. It is committed by saying to
others an unattributable thing, that if it said to
the person himself, slander is committed.
Intriguing against honor refers to any scheme or
plot designed to blemish the reputation of another
by means w/c consist of some trickery.
The intrigue is resorted to to blemish honor or
reputation of another person
Must be committed by means of some tricky and
secret plot, and not gossiping which falls under
defamation
Where the source or author of derogatory
information cannot be determined and defendant
passes it to others, defendants act is one of
intriguing against honor; if it came from a definite
source, crime is slander
TITLE FOURTEEN
QUASI OFFENSES
Page 170 of 174

CRIMINAL NEGLIGENCE
ARTICLE 365. IMPRUDENCE AND NEGLIGENCE

Incriminating
an Innocent
Person
Performs act to
directly
incriminate or
impute
commission of
crime
Act of planting
evidence
Arresto mayor
ELEMENTS OF SIMPLE IMPRUDENCE:

1. That there is lack of precaution on the part
of the offender; and
2. That the damage impending to be caused is
not immediate or the danger is not clearly
manifest.
Perjury by making
false accusation
Imputation, falsely
made, before an
officer
False statement or
affidavit made under
oath
Arresto mayor max to
prision correccional
min
QUASI-OFFENSES ARE COMMITTED IN 4 WAYS:

1. By committing through reckless imprudence
any act which, had it been intentional, would
constitute a grave or less grave felony or light
felony;
2. By committing through simple imprudence or
negligence an act w/c would otherwise
constitute a grave or a less serious felony;
3. By causing damage to the property of
another through reckless imprudence or
simple imprudence or negligence; or
2. By causing through simple imprudence or
negligence some wrong w/c, if done
maliciously, would have constitutes a light
felony.
Negligence is a quasi-offense. What is

punished is not the effect of the negligence
but the recklessness of the accused.
Test of Negligence: Would a prudent man

foresee harm as a reasonable consequence of
the course about to be pursued? Reasonable
foresight of harm, followed by ignoring of
admonition born of this provision
Reckless Imprudence v. Force Majeure: Force
Majeure is an event that cannot be foreseen, or
which being foreseen is inevitable; implies an
extraordinary circumstance independent of will of
actor; in reckless imprudence damage or injury
may be preventable by exercise of reasonable
care and threatened upon conduct about to be
pursued by the actor
Contributory negligence of offended party is not a
defense but only mitigates criminal liability.
Last Clear Chance Rule The contributory
negligence of the injured party will not defeat the
action if it be shown that the accused might, by
the exercise of reasonable care and prudence,
have avoided the consequences of the
negligence of the injured party.
Emergency Rule: A person confronted with
emergency may be left with no time for thought,
must make speedy decision based on impulse or
instinct, and cannot be held liable for same
conduct as one who had opportunity to reflect;
applicable only when situation that arises is
sudden and unexpected, and is such as to
deprive him of all opportunity for deliberation Ex.
An automobile driver, who, by the negligence of
ELEMENTS OF RECKLESS IMPRUDENCE:

1. That the offender does or fails to do an act;
2. That the doing of or the failure to do that act
is voluntary;
3. That it be without malice;
4. That material damage results; and
5. That there is inexcusable lack of
precaution on the part of the offender, taking
into consideration
a. his employment or occupation,
b. degree of intelligence, physical condition,
and
c. other circumstances regarding persons,
time and place.
Art. 64 on mitigating and aggravating

circumstances is not applicable in quasi-offenses.
Qualifying circumstance in quasi-offenses: The
offenders failure to lend on-the-spot assistance
to the victim of his negligence.
Abandoning ones victim is usually punishable
under Art. 275. But if it is charged under Art.
365, it is only a qualifying circumstance, and if
not alleged, it cannot even be an aggravating
circumstance.
Imprudence or Negligence is not a crime in itself,
but simply a way of committing a crime
Technical term Reckless Imprudence resulting in
Homicide; what is punished is not the act itself
but the mental attitude or condition behind the act
Page 171 of 174

another, is suddenly placed in an emergency and

compelled to act instantly to avoid a collision or
injury is not guilty of negligence if he makes a
choice which a person of ordinary prudence
placed in such a position might make even
though he did not make the wisest choice.
Violation of a rule or regulation or law is proof of
negligence
Negligence
Deficiency of Perception
Failure in advertence
Avoided by Paying
proper attention and
using due diligence in
foreseeing them
Imprudence
Deficiency of Action
Failure in Precaution
Taking necessary
precaution once
foreseen
OTHER SPECIAL PENAL LAWS
HEINOUS CRIMES ACT OF 1993

(R. A. NO. 7659)
The crimes punishable by death are:
1. Treason (Art. 114)
2. Qualified Piracy (Art. 123)
3. Qualified Bribery (Art. 211-A)
4. Parricide (Art. 246)
5. Murder (Art. 248)
6. Infanticide (Art. 255) HOWEVER: If any
crime penalized in this Article be committed
by the mother of the child for the purpose
of concealing her dishonor, she shall suffer
the penalty of prision mayor in its medium
and maximum periods, and if said crime be
committed for the same purpose by the
maternal grandparents or either of them,
the penalty shall be reclusion temporal.
7. Kidnapping and Serious Illegal Detention
(Art. 267)
8. Robbery (Art. 294): when by reason or on
occasion of the robbery, the crime of
homicide shall have been committed, or
when the robbery shall have been
accompanied by rape or intentional
mutilation or arson.
9. Destructive Arson (Art. 320)
10. Rape (Art. 335)
a. Committed with the use of a deadly

weapon or by two or more persons
b. When by reason or on the occasion of
the rape, the victim has become insane
c. When the rape is attempted or
frustrated
and
a
homicide
is
committed by reason or on the occasion
thereof
d. Committed
with
attendant
circumstances
11. Plunder (R. A. 7080)
12. Violations of Dangerous Drugs Act
13. Carnapping (R. A. 6539)
GENERAL RULE: The death penalty shall be
imposed in all cases upon which it must be imposed
under existing laws.
EXCEPTIONS (In which cases the penalty shall be
reduced to reclusion perpetua):
1. when the guilty person is below 18 years of
age at the time of the commission of the
crime;
2. when the guilty person is more than 70
years of age;
3. when upon appeal or automatic review of the
case by the Supreme Court, the required
majority vote is not obtained for the
imposition of the death penalty,
REPUBLIC ACT NO. 8294 (Law Penalizing Illegal

Possession of Firearms, etc.)
PERSONS LIABLE:
1. Any person who shall unlawfully
manufacture, deal in, acquire, dispose, or
possess any low-powered firearm, part of
firearm, ammunition, or machinery, tool or
instrument used or intended to be used in the
manufacture of any firearm or ammunition;
The owner, president, manager, director
or other responsible officer of any public or
private firm, company, corporation or entity,
who shall willfully or knowingly allow any of
the firearms owned by such firm, company,
corporation or entity to be used by any
person or persons found guilty of violating
the provisions of the preceding paragraphs or
willfully or knowingly allow any of them to use
unlicensed firearms or firearms without any
legal authority to be carried outside of their
residence in the course of their employment;
T
Page 172 of 174

2. Any person who shall carry any licensed
firearm outside his residence without legal
authority therefor;
3. Any person who shall unlawfully
manufacture, assemble, deal in, acquire,
dispose or possess hand grenade(s), rifle
grenade(s), and other explosives or other
incendiary devices capable of producing
destructive effect on contiguous objects or
causing injury or death to any person;
Any person who shall unlawfully tamper,
change, deface or erase the serial number
of any firearm; and
4. Any person who shall unlawfully repack,
alter or modify the composition of any
lawfully manufactured explosives.
Act
No other
crime; Illegal
possession
only
Other crime,
except
homicide or
murder
Murder or
homicide
Rebellion or
insurrection,
sedition, or
attempted
coup d
etat
What is the Crime?

Illegal possession
Crime committed;
Illegal possession is NOT
a separate offense, nor is
it aggravating. Offender is
exonerated of illegal
possession.
Murder or homicide,
with special aggravating
circumstance of illegal
possession
Rebellion or insurrection,
sedition, or attempted
coup d
etat; Illegal
possession is absorbed
as an element thereof
UNLICENSED FIREARMS MAY INCLUDE:

1. firearms with expired license; or
2. unauthorized use of licensed firearm in the
commission of the crime.
People vs. Ladjaalam, (2000)
The language of RA 8294 effectively exonerates the
accused of illegal possession, an offense which may
carry a heavier penalty than the other crime
committed. Indeed, the accused may evade
conviction for illegal possession by committing a
lighter offense, like alarm and scandal. However, the
wisdom of RA 8294 is not subject to the Courts
review.
ANTI-MONEY LAUNDERING ACT OF 2001 (R. A.

NO. 9160)
Money laundering is a crime whereby the
proceeds of an unlawful activity are transacted,
thereby making them appear to have originated from
legitimate sources.
PERSONS LIABLE:
1. Any person knowing that any monetary
instrument or property represents, involves,
or relates to, the proceeds of any unlawful
activity, transacts or attempts to transact
said monetary instrument or property.
instrument or property involves the proceeds
of any unlawful activity, performs or fails to
perform any act as a result of which he
facilitates the offense of money laundering
referred to in paragraph (a) above.
instrument or property is required under
this Act to be disclosed and filed with the
Anti-Money Laundering Council (AMLC),
fails to do so.
Covered transaction:
Transaction In excess of P500,000 within one
banking day.
Suspicious transaction, Requisites:
1. Covered institution,
2. Regardless of amount, and
3. Any of the ff. circumstances:
a. no economic justification
b. client not properly identified
c. amount not commensurate with financial
capacity
d. structured to avoid reporting
e. deviation from clients profile or past
transactions
f. unlawful activity under this Act
g. Similar or analogous
UNLAWFUL ACTIVITY:
1. Kidnapping for ransom
2. Comprehensive Dangerous Drugs Act of
2002 (Sec. 4,5,6,8,9,10,12,14,15,16)
3. Anti-Graft and Corrupt Practices Act (Sec. 3,
par. B,C,E,G,H and I)
4. Plunder
5. Robbery and extortion
6. Jueteng and Masiao punished as illegal
gambling
Page 173 of 174

7.
8.
9.
10.
11.
12.
Piracy on the high seas

Qualified theft
Swindling
Smuggling
Electronic Commerce Act of 2000
Hijacking and other violation of RA 6235;
destructive and murder, including those
perpetrated by terrorists against noncombatants
13. Securities Regulations Code of 2000
14. Offenses of similar nature punishable by
foreign penal laws
PROSECUTION OF MONEY LAUNDERING:

1. Offender may be charged with and convicted
of BOTH money laundering and the unlawful
activity
2. Proceeding of unlawful activity shall be
given precedence over the prosecution for
money laundering, without prejudice to
freezing and other remedies of this Act.
WHAT IS REQUIRED TO BE REPORTED?

Covered institutions shall report to the Anti Money
Laundering Council all covered transactions and
suspicious transactions within 5 working days from
the occurrence.
AUTHORITY TO INQUIRE INTO BANK DEPOSITS:

1. Court order upon showing of probable cause
that the deposit is related to an unlawful
activity or a money laundering offense.
2. No court order required for the ff. unlawful
activities:
a. Kidnapping for ransom
b. Comprehensive Dangerous Drugs Act of
2002 Hijacking and other violation of RA
6235;
destructive and murder,
including those perpetrated by terrorists
against non-combatants
- END -
Page 174 of 174

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Criminal Law Summer Reviewer

ATENEO CENTRAL BAR OPERATIONS 2007

There must be formal or written resignation.

ARTICLE 239. USURPATION OF LEGISLATIVE

2. That he (a) makes general rules or

ARTICLE 240. USURPATION OF EXECUTIVE

Legislative officers are not liable for

ARTICLE 241. USURPATION OF JUDICIAL

A mayor is guilty under this article when he

ARTICLE 242. DISOBEYING REQUEST FOR

ARTICLE 243. ADDRESSING ORDERS OR

Page 124 of 174

Criminal Law Summer Reviewer

Legislative or judicial officers are not liable

ARTICLE 244. UNLAWFUL APPOINTMENTS.

Recommending, knowing that the person

ARTICLE 245. ABUSES AGAINST CHASTITY

The mother of the person in the custody of

Chapter One DESTRUCTION OF LIFE

ARTICLE 246. PARRICIDE.

The relationship of the offender with the

ARTICLE 247. DEATH OR PHYSICAL INJURIES

Criminal Law Summer Reviewer

This article does not define or penalize a

3. That the killing was attended by any of the

The victim must be killed in order to

PEOPLE vs. SANTOS, GR 127492, 1/16/04

Criminal Law Summer Reviewer

contemplated upon the mode to insure the killing.

PEOPLE vs. MONTAEZ, GR 148257, 3/17/04

GOROSPE vs. PEOPLE, G.R. No. 147974. 1/29/04

ARTICLE 249. HOMICIDE.

Intent to kill is conclusively presumed when

PEOPLE vs. DELA CRUZ, G.R. No. 152176,

ARADILLOS vs. COURT OF APPEALS G.R. No.

ARTICLE 250. PENALTY FOR FRUSTRATED

ARTICLE 251. DEATH IN A TUMULTUOUS

Tumultuous affray exists when at least 4

Criminal Law Summer Reviewer

The person killed need not be a participant in

ARTICLE 252. PHYSICAL INJURIES INFLICTED IN

ARTICLE 254. DISCHARGE OF FIREARMS.

Persons liable: All those who have used

A pregnant woman who tried to commit

The offender must shoot at another with any

ARTICLE 255. INFANTICIDE

A person who attempts to commit suicide is

When the offender is the father, mother or

Criminal Law Summer Reviewer

that for murder. In either case, the proper

3. That the violence is intentionally exerted;

ARTICLE 256. INTENTIONAL ABORTION

A fetus about six months old cannot subsist

ARTICLE 257. UNINTENTIONAL ABORTION.

Committed only by violence(giving of bitter

ARTICLE 258. ABORTION PRACTICED BY THE

The liability of the pregnant woman is

ARTICLE 259. ABORTION PRACTICED BY A

Criminal Law Summer Reviewer

It is not necessary that the pharmacist knew

ARTICLE 260. RESPONSIBILITY OF

A duel is a formal or regular combat

ARTICLE 261. CHALLENGING TO A DUEL.