VIOLENCE

TITLE TWO
Crimes Against the Fundamental Laws of the State
CHAPTER ONE
Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition, Interruption, and Dissolution of Peaceful Meetings
and Crimes Against Religious Worship
SECTION FOUR
Crimes Against Religious Worship

ARTICLE 132. Interruption of Religious Worship. — The penalty of prisión correccional in its
minimum period shall be imposed upon any public officer or employee who shall prevent or disturb
the ceremonies or manifestations of any religion.

If the crime shall have been committed with violence or threats, the penalty shall be prisión
correccional in its medium and maximum periods.

Elements:

1. Offender is a public officer or employee;

2. Religious ceremonies or manifestations of any religious are about to take place or are going
on;
3. Offender prevents or disturbs the same.

Qualifying circumstances:

1. Violence; or
2. Threat.

TITLE THREE
Crimes Against Public Order
CHAPTER ONE
Rebellion, Coup d'état, Sedition, and Disloyalty

Art. 134-A. Coup d'état. — How committed. — The crime of coup d'état is a swift attack accompanied
by violence, intimidation, threat, strategy or stealth, directed against duly constituted authorities of the
Republic of the Philippines, or any military camp or installation, communications networks, public
utilities or other facilities needed for the exercise and continued possession of power, singly or
simultaneously carried out anywhere in the Philippines by any person or persons, belonging to the
military or police or holding any public office or employment, with or without civilian support or
participation, for the purpose of seizing or diminishing state power.

Elements:

1. Offender is a person or persons belonging to the military or police or holding any public
office or employment;
2. It is committed by means of a swift attack accompanied by violence, intimidation, threat,
strategy or stealth;
3. The attack is directed against the duly constituted authorities of the Republic of the
Philippines, or any military camp or installation, communication networks, public utilities or
other facilities needed for the exercise and continued possession of power; and
4. The purpose of the attack is to seize or diminish state power.

CHAPTER TWO
Crimes Against Popular Representation
SECTION ONE
Crimes Against Legislative Bodies and Similar Bodies
ART. 143. Acts tending to prevent the meeting of the Assembly and similar bodies. — The penalty
of prision correccional or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any
person who by force or fraud prevents the meeting of the National Assembly or of any of its
committees or subcommittees, constitutional commissions or committees or divisions thereof, or of
any provincial board or city or municipal council or board.

Elements:

1. There is a projected or actual meeting of Congress or any of its committees or subcommittees,

constitutional commissions or committees or divisions thereof, or of any provincial board or
city or municipal council or board; and
2. Offender, who may be any person, prevents such meetings by force or fraud.

SECTION TWO
Violation of Parliamentary Immunity

ART. 145. Violation of parliamentary immunity. — The penalty of prision mayor shall be imposed
upon any person who shall use force, intimidation, threats, or fraud to prevent any member of the
National Assembly from attending the meetings of the Assembly or of any of its committees or
subcommittees, constitutional commissions or committees or divisions thereof, from expressing his
opinions or casting his vote; and the penalty of prision correccional shall be imposed upon any public
officer or employee who shall, while the Assembly is in regular or special session, arrest or search
any member thereof, except in case such member has committed a crime punishable under this Code
by a penalty higher than prision mayor.

Acts punishable:

1. Using force, intimidation, threats, or frauds to prevent any member of Congress from
attending the meetings of Congress or of any of its committees or subcommittees,
constitutional commissions or committees or divisions thereof, or from expressing his opinion
or casting his vote;

Elements:

a. Offender uses force, intimidation, threats or fraud;

b. The purpose of the offender is to prevent any member of Congress from -
o attending the meetings of the Congress or of any of its committees or
constitutional commissions, etc.;
o expressing his opinion; or
o casting his vote.

2. Arresting or searching any member thereof while Congress is in regular or special session,
except in case such member has committed a crime punishable under the Code by a penalty
higher than prision mayor.

Elements:

a. Offender is a public officer or employee;

b. He arrests or searches any member of Congress;
c. Congress, at the time of arrest or search, is in regular or special session; and
d. The member arrested or searched has not committed a crime punishable under the
Code by a penalty higher than prision mayor.
CHAPTER FOUR
Assault Upon, and Resistance and Disobedience to Persons in Authority and Their Agents
ARTICLE 148. Direct Assaults. — Any person or persons who, without a public uprising, shall
employ force or intimidation for the attainment of any of the purposes enumerated in defining the
crimes of rebellion and sedition, or shall attack, employ force or seriously intimidate or resist any
person in authority or any of his agents, while engaged in the performance of official duties, or on
occasion of such performance, shall suffer the penalty of prisión correccional in its medium and
maximum periods and a fine not exceeding 1,000 pesos, when the assault is committed with a weapon
or when the offender is a public officer or employee, or when the offender lays hands upon a person
in authority. If none of these circumstances be present, the penalty of prisión correccional in its
minimum period and a fine not exceeding 500 pesos shall be imposed.

Acts punishable:

1. Without public uprising, by employing force or intimidation for the attainment of any of the
purposes enumerated in defining the crimes of rebellion and sedition;

Elements:

a. Offender employs force or intimidation;

b. The aim of the offender is to attain any of the purposes of the crime of rebellion or
any of the objects of the crime of sedition; and
c. There is no public uprising.

2. Without public uprising, by attacking, by employing force or by seriously intimidating or by

seriously resisting any person in authority or any of his agents, while engaged in the
performance of official duties, or on occasion of such performance.

Elements:

a. Offender makes an attack, employs force, makes a serious intimidation, or makes a

serious resistance;
b. The person assaulted is a person in authority or his agent;
c. At the time of the assault, the person in authority or his agent is engaged in the actual
performance of official duties, or that he is assaulted by reason of the past
performance of official duties;
d. Offender knows that the one he is assaulting is a person in authority or his agent in
the exercise of his duties; and
e. There is no public uprising.

ARTICLE 149. Indirect Assaults. — The penalty of prisión correccional in its minimum and medium
periods and a fine not exceeding 500 pesos shall be imposed upon any person who shall make use of
force or intimidation upon any person coming to the aid of the authorities or their agents on occasion
of the commission of any of the crimes defined in the next preceding article.

Elements:

1. A person in authority or his agent is the victim of any of the forms of direct assault defined in
Article 148;
2. A person comes to the aid of such authority or his agent; and
3. Offender makes use of force or intimidation upon such person coming to the aid of the
authority or his agent.

CHAPTER FIVE
Public Disorders
ARTICLE 153. Tumults and Other Disturbances of Public Orders — Tumultuous Disturbance or
Interruption Liable to Cause Disturbance. — The penalty ofarresto mayor in its medium period
to prision correccional in its minimum period and a fine not exceeding 1,000 pesos shall be imposed
upon any person who shall cause any serious disturbance in a public place, office, or establishment, or
shall interrupt or disturb public performances, functions or gatherings, or peaceful meetings, if
the act is not included in the provisions of articles 131 and 132.

The penalty next higher in degree shall be imposed upon persons causing any disturbance or
interruption of a tumultuous character.

The disturbance or interruption shall be deemed to be tumultuous if caused by more than three
persons who are armed or provided with means of violence.

The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or
public place, shall make any outcry tending to incite rebellion or sedition or in such place shall
display placards or emblems which provoke a disturbance of the public order.

The penalty of arresto menor and a fine not to exceed 200 pesos shall be imposed upon those persons
who in violation of the provisions contained in the last clause of article 85 shall bury with pomp the
body of a person who has been legally executed.

Acts punishable:

1. Causing any serious disturbance in a public place, office or establishment;

2. Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the
act is not included in Articles 131 and 132;
3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public
place;
4. Displaying placards or emblems which provoke a disturbance of public order in such place;
and
5. Burying with pomp the body of a person who has been legally executed.

Qualifying circumstance:

Tumultuous character – caused by more than three (3) persons who are armed or provided
with means of violence

ARTICLE 156. Delivery of Prisoners from Jail. — The penalty of arresto mayorin its maximum
period to prisión correccional in its minimum period shall be imposed upon any person who shall
remove from any jail or penal establishment any person confined therein or shall help the escape of
such person, by means of violence, intimidation, or bribery. If other means are used the penalty
of arresto mayor shall be imposed.

If the escape of the prisoner shall take place outside of said establishments by taking the guards by
surprise, the same penalties shall be imposed in their minimum period.

Elements:

1. There is a person confined in a jail or penal establishment; and

2. Offender removes therefrom such person, or helps the escape of such person.

CHAPTER SIX
Evasion of Service of Sentence
ARTICLE 157. Evasion of Service of Sentence. — The penalty of prisión correccional in its medium
and maximum periods shall be imposed upon any convict who shall evade service of his sentence by
escaping during the term of his imprisonment by reason of final judgment. However, if such evasion
or escape shall have taken place by means of unlawful entry, by breaking doors, windows, grates,
walls, roofs, or floors, or by using picklocks, false keys, disguise, deceit, violence or intimidation, or
through connivance with other convicts or employees of the penal institution, the penalty shall
be prisión correccional in its maximum period.

Elements:

1. Offender is a convict by final judgment;

2. He is serving sentence which consists in the deprivation of liberty; and
3. He evades service of his sentence by escaping during the term of his imprisonment.

Qualifying circumstances:

If such evasion or escape takes place -

1. By means of unlawful entry (this should be “by scaling” if correct Spanish translation is
used);
2. By breaking doors, windows, gates, walls, roofs or floors;
3. By using picklock, false keys, disguise, deceit, violence or intimidation; or
4. Through connivance with other convicts or employees of the penal institution.

TITLE SIX
Crimes Against Public Morals
CHAPTER TWO
Offenses Against Decency and Good Customs

REPUBLIC ACT NO. 9208

AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN
AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE
PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS
VIOLATIONS, AND FOR OTHER PURPOSES

Trafficking in Persons — refers to the recruitment, transportation, transfer or harboring, or receipt of

persons with or without the victim's consent or knowledge, within or across national borders by
means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the vulnerability of the persons, or, the giving or receiving
of payments or benefits to achieve the consent of a person having control over another person for the
purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or
other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale
of organs.
The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation
shall also be considered as "trafficking in persons" even if it does not involve any of the means set
forth in the preceding paragraph.

TITLE EIGHT
Crimes Against Persons
CHAPTER ONE
Destruction of Life
SECTION ONE
Parricide, Murder, Homicide

ARTICLE 251. Death Caused in a Tumultuous Affray. — When, while several persons, not
composing groups organized for the common purpose of assaulting and attacking each other
reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the course of
the affray someone is killed, and it cannot be ascertained who actually killed the deceased, but the
person or persons who inflicted serious physical injuries can be identified, such person or persons
shall be punished byprisión mayor.

If it cannot be determined who inflicted the serious physical injuries on the deceased, the penalty
of prisión correccional in its medium and maximum periods shall be imposed upon all those who
shall have used violence upon the person of the victim.

Elements:

1. There are several persons;

2. They do not compose groups organized for the common purpose of assaulting and attacking
each other reciprocally;
3. These several persons quarreled and assaulted one another in a confused and tumultuous
manner;
4. Someone was killed in the course of the affray;
5. It can not be ascertained who actually killed the deceased; and
6. The person or persons who inflicted serious physical injuries or who used violence can be
identified.

ARTICLE 252. Physical Injuries Inflicted in a Tumultuous Affray. — When in a tumultuous affray as
referred to in the preceding article, only serious physical injuries are inflicted upon the participants
thereof and the person responsible therefor cannot be identified, all those who appear to have used
violence upon the person of the offended party shall suffer the penalty next lower in degree than that
provided for the physical injuries so inflicted.

When the physical injuries inflicted are of a less serious nature and the person responsible therefor
cannot be identified, all those who appear to have used any violence upon the person of the offended
party shall be punished by arresto from five to fifteen days.

Elements:

1. There is a tumultuous affray;

2. A participant or some participants thereof suffered serious physical injuries or physical
injuries of a less serious nature ONLY;
3. The person responsible thereof cannot be identified; and
4. All those who appear to have used violence upon the person of the offended party are known.

SECTION TWO
Infanticide and Abortion

ARTICLE 256. Intentional Abortion. — Any person who shall intentionally cause an abortion shall
suffer:

1. The penalty of reclusión temporal, if he shall use any violence upon the person of the
pregnant woman.

2. The penalty of prisión mayor if, without using violence, he shall actwithout the consent of the
woman.

3. The penalty of prisión correccional in its medium and maximum periods, if the woman shall
have consented.

Ways of committing intentional abortion:

1. Using any violence upon the person of the pregnant woman;

 2. Acting, but without using violence, without the consent of the woman. (By administering
drugs or beverages upon such pregnant woman without her consent.)
3. Acting (by administering drugs or beverages), with the consent of the pregnant woman.

Elements:

1. There is a pregnant woman;

2. Violence is exerted, or drugs or beverages administered, or that the accused otherwise acts
upon such pregnant woman;
3. 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; and
4. The abortion is intended.

ARTICLE 257. Unintentional Abortion. — The penalty of prisión correccional in its minimum and
medium period shall be imposed upon any person who shall cause an abortion by violence, but
unintentionally.

Elements:

1. There is a pregnant woman;

2. Violence is used upon such pregnant woman without intending an abortion;
3. The violence is intentionally exerted;
4. As a result of the violence, the fetus dies, either in the womb or after having been expelled
therefrom.

CHAPTER TWO
Physical Injuries

REPUBLIC ACT NO. 9262

AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR
PROTECTIVE MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER
PURPOSES

"Violence against women and their children" refers to any act or a series of acts committed by any
person against a woman who is his wife, former wife, or against a woman with whom the person has
or had a sexual or dating relationship, or with whom he has a common child, or against her child
whether legitimate or illegitimate, within or without the family abode, which result in or is likely to
result in physical, sexual, psychological harm or suffering, or economic abuse including threats of
such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is
not limited to, the following acts:

A. "Physical violence" refers to acts that include bodily or physical harm;

B. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her
child. It includes, but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object,
making demeaning and sexually suggestive remarks, physically attacking the sexual parts of
the victim's body, forcing her/him to watch obscene publications and indecent shows or
forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife
and mistress/lover to live in the conjugal home or sleep together in the same room with the
abuser;

b) acts causing or attempting to cause the victim to engage in any sexual activity by force, threat
of force, physical or other harm or threat of physical or other harm or coercion;
 c) Prostituting the woman or her child.

C. "Psychological violence" refers to acts or omissions causing or likely to cause mental or emotional
suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. It includes
causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of
the family to which the victim belongs, or to witness pornography in any form or to witness abusive
injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of
common children.

D. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent
which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any legitimate
profession, occupation, business or activity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources and the right to the use and
enjoyment of the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victim's own money or properties or solely controlling the conjugal money or
properties.

CHAPTER THREE
Rape

Article 266-A. Rape; When And How Committed. — 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; and

d) When the offended party is under twelve (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 his penis into another person's mouth or anal orifice, or any
instrument or object, into the genital or anal orifice of another person.

Elements under paragraph 1:

1. Offender is a man;
2. Offender had carnal knowledge of a woman;
3. Such act is accomplished under any of the following circumstances:
a. By using force or intimidation;
b. When the woman is deprived of reason or otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority; or
d. When the woman is under 12 years of age or demented.

Elements under paragraph 2:

 1. Offender commits an act of sexual assault;
2. The act of sexual assault is committed by any of the following means:
a. By inserting his penis into another person's mouth or anal orifice; or
b. By inserting any instrument or object into the genital or anal orifice of another
person;
3. The act of sexual assault is accomplished under any of the following circumstances:
a. By using force or intimidation; or
b. When the woman is deprived of reason or otherwise unconscious; or
c. By means of fraudulent machination or grave abuse of authority; or
d. When the woman is under 12 years of age or demented.

TITLE NINE
Crimes Against Personal Liberty and Security
CHAPTER TWO
Crimes Against Security
SECTION TWO
Trespass to Dwelling

ARTICLE 280. Qualified Trespass to Dwelling. — Any private person who shall enter the dwelling
of another against the latter's will, shall be punished by arresto mayor and a fine not exceeding 1,000
pesos.

If the offense be committed by means of violence or intimidation, the penalty shall be prisión
correccional in its medium and maximum periods and a fine not exceeding 1,000 pesos.

The provisions of this article shall not be applicable to any person who shall enter another's dwelling
for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a third
person, nor shall it be applicable to any person who shall enter a dwelling for the purpose of rendering
some service to humanity or justice, nor to anyone who shall enter cafés, taverns, inns and other
public houses, while the same are open.

Elements:

1. Offender is a private person;

2. He enters the dwelling of another;
3. Such entrance is against the latter’s will.

Qualifying circumstances:

1. Violence; or
2. Intimidation.

SECTION THREE
Threats and Coercion

Art. 286. Grave Coercion. — The penalty of prision correccional and a fine not exceeding Six
thousand pesos shall be imposed upon any person who, without any authority of law, shall, by means
of violence, threats or intimidation, prevent another from doing something not prohibited by law, or
compel him to do something against his will, whether it be right or wrong.

If the coercion be committed in violation of the exercise of the right of suffrage, or for the purpose of
compelling another to perform any religious act, to prevent him from exercising such right or from so
doing such act, the penalty next higher in degree shall be imposed.

Acts punishable:
 1. Preventing another, by means of violence, threats or intimidation, from doing something not
prohibited by law; and
2. Compelling another, by means of violence, threats or intimidation, to do something against
his will, whether it be right or wrong.

Elements:

1. A person prevented another from doing something not prohibited by law, or that he
compelled him to do something against his will; be it right or wrong;
2. The prevention or compulsion be effected by violence, threats or intimidation; and
3. The person that restrained the will and liberty of another had not the authority of law or the
right to do so, or in other words, that the restraint shall not be made under authority of law or
in the exercise of any lawful right.

ARTICLE 287. Light Coercions. — Any person who, by means of violence, shall seize anything
belonging to his debtor for the purpose of applying the same to the payment of the debt, shall suffer
the penalty of arresto mayor in its minimum period and a fine equivalent to the value of the thing, but
in no case less than 75 pesos.

Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from 5
to 200 pesos, or both.

Elements:

1. Offender must be a creditor;

2. He seizes anything belonging to his debtor:
3. The seizure of the thing be accomplished by means of violence or a display of material
force producing intimidation;
4. The purpose of the offender is to apply the same to the payment of the debt.

ARTICLE 289. Formation, Maintenance and Prohibition of Combination of Capital or Labor

Through Violence or Threats. — The penalty of arresto mayor and a fine not exceeding 300 pesos
shall be imposed upon any person who, for the purpose of organizing, maintaining or preventing
coalitions of capital or labor, strike of laborers or lock-out of employees, shall employ 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, if the act shall not constitute a more serious offense in accordance with the
provisions of this Code.

Elements:

1. Offender employs violence or threats, in such a degree as to compel or force the laborers or
employers in the free and legal exercise of their industry or work;
2. The purpose is to organize, maintain or prevent coalitions of capital or labor, strike of
laborers or lockout of employers.

TITLE TEN
Crimes Against Property
CHAPTER ONE
Robbery in General

ARTICLE 293. Who are Guilty of Robbery. — Any person who, with intent to gain, shall take any
personal property belonging to another, by means of violence against or intimidation of any person, or
using force upon anything, shall be guilty of robbery.
Elements of robbery in general:

1. There is personal property belonging to another;

2. There is unlawful taking of that property;
3. The taking must be with intent to gain; and
4. There is violence against or intimidation of any person, or force upon anything.

SECTION ONE
Robbery with Violence Against or Intimidation of Persons

Art. 294. Robbery with violence against or intimidation of persons — Penalties. — Any person guilty
of robbery with the use of violence against or intimidation of any person shall suffer:

1. The penalty of reclusion perpetua to death, 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.

2. The penalty of reclusion temporal in its medium period to reclusion perpetua, when or if by
reason or on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of
Article 263 shall have been inflicted.

3. The penalty of reclusion temporal, when by reason or on occasion of the robbery, any of the
physical injuries penalized in subdivision 2 of the article mentioned in the next preceding
paragraph, shall have been inflicted.

4. The penalty of prision mayor in its maximum period to reclusion temporal in its medium
period, if the violence or intimidation employed in the commission of the robbery shall have
been carried to a degree clearly unnecessary for the commission of the crime, or when in the
course of its execution, the offender shall have inflicted upon any person not responsible for its
commission any of the physical injuries covered by subdivisions 3 and 4 of said Article 263.

5. The penalty of prision correccional in its maximum period to prision mayor in its medium
period in other cases.

Acts punished:

1. When by reason or on occasion of the robbery (taking of personal property belonging to

another with intent to gain), the crime of homicide is committed;
2. When the robbery is accompanied by rape or intentional mutilation or arson;
3. When by reason of on occasion of such robbery, any of the physical injuries resulting in
insanity, imbecility, impotency or blindness is inflicted;
4. When by reason or on occasion of robbery, any of the 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, a hand, a foot, an arm,
or a leg or the loss of the use of any such member or incapacity for the work in which the
injured person is theretofore habitually engaged is inflicted;
5. If the violence or intimidation employed in the commission of the robbery is carried to a
degree unnecessary for the commission of the crime;
6. When in the course of its execution, the offender shall have inflicted upon any person not
responsible for the commission of the robbery any of the physical injuries in consequence of
which the person injured becomes deformed or loses any other member of his body or loses
the sue thereof or becomes ill or incapacitated for the performance of the work in which he is
habitually engaged for more than 90 days or the person injured becomes ill or incapacitated
for labor for more than 30 days;
7. If the violence employed by the offender does not cause any of the serious physical injuries
defined in Article 263, or if the offender employs intimidation only.
ARTICLE 298. Execution of deeds by means of violence or intimidation. — Any person who, with
intent to defraud another, by means of violence or intimidation, shall compel him to sign, execute or
deliver any public instrument or document, shall be held guilty of robbery and punished by the
penalties respectively prescribed in this Chapter.

Elements:

1. Offender has intent to defraud another;

2. Offender compels him to sign, execute, or deliver any public instrument or document.
3. The compulsion is by means of violence or intimidation.

SECTION TWO
Robbery by the Use of Force Upon Things

Art. 299. Robbery in an inhabited house or public building or edifice devoted to worship. — Any
armed person who shall commit robbery in an inhabited house or public building or edifice devoted to
religious worship, shall be punished by reclusion temporal, if the value of the property taken shall
exceed two hundred fifty pesos, and if —

(a) The malefactors shall enter the house or building in which the robbery was committed, by
any of the following means:

1. Through an opening not intended for entrance or egress.

2. By breaking any wall, roof, or floor or breaking any door or window.

3. By using false keys, picklocks or similar tools.

4. By using any fictitious name or pretending the exercise of public authority.

Or if —

(b) The robbery be committed under any of the following circumstances:

1. By the breaking of doors, wardrobes, chests, or any other kind of locked or sealed
furniture or receptacle;

2. By taking such furniture or objects away to be broken or forced open outside the
place of the robbery.

When the offenders do not carry arms, and the value of the property taken exceeds 250 pesos, the
penalty next lower in degree shall be imposed.

The same rule shall be applied when the offenders are armed, but the value of the property taken does
not exceed 250 pesos.

When said offenders do not carry arms and the value of the property taken does not exceed 250 pesos,
they shall suffer the penalty prescribed in the two next preceding paragraphs, in its minimum period.

If the robbery be committed in one of the dependencies of an inhabited house, public building, or
building dedicated to religious worship, the penalties next lower in degree than those prescribed in
this article shall be imposed.

Elements under subdivision (a):

 1. Offender entered an inhabited house, public building or edifice devoted to religious
worship;
2. The entrance was effected by any of the following means:
a. Through an opening not intended for entrance or egress;
b. By breaking any wall, roof 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.
3. Once inside the building, offender took personal property belonging to another with intent
to gain.

Elements under subdivision (b):

1. Offender is inside a dwelling house, public building, or edifice devoted to religious

worship, regardless of the circumstances under which he entered it;
2. Offender takes personal property belonging to another, with intent to gain, under any of
the following circumstances:
a. 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.

ART. 302. Robbery in an uninhabited place or in a private building. — Any robbery committed in an
uninhabited place or in a building other than those mentioned in the first paragraph of article 299, if
the value of the property taken exceeds 250 pesos, shall be punished by prision correccional in its
medium and maximum periods provided that any of the following circumstances is present:

1. If the entrance has been effected through any opening not intended for entrance or egress.

2. If any wall, roof, floor or outside door or window has been broken.

3. If the entrance has been effected through the use of false keys, picklocks or other similar
tools.

4. If any door, wardrobe, chest, or any sealed or closed furniture or receptacle has been broken.

5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has been
removed, even if the same be broken open elsewhere.

When the value of the property taken does not exceed 250 pesos, the penalty next lower in degree
shall be imposed.

In the case specified in articles 294, 295, 297, 299, 300, and 302 of this Code, when the property
taken is mail matter or large cattle, the offender shall suffer the penalties next higher in degree than
those provided in said articles.

Elements:

1. 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. Any of the following circumstances was present:
a. The 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.
3. Offender took therefrom personal property belonging to another with intent to gain.

CHAPTER TWO
Brigandage

Art. 306. Who are brigands — Penalty. — When more than three armed persons form a band of
robbers for the purpose of committing robbery in the highway, or kidnapping persons for the purpose
of extortion or to obtain ransom, for any other purpose to be attained by means of force and violence,
they shall be deemed highway robbers or brigands.

Persons found guilty of this offense shall be punished by prision mayor in its medium period
to reclusion temporal in its minimum period if the act or acts committed by them are not punishable
by higher penalties, in which case, they shall suffer such higher penalties.

If any of the arms carried by any of said persons be an unlicensed firearm, it shall be presumed that
said persons are highway robbers or brigands, and in case of conviction the penalty shall be imposed
in the maximum period.

Elements:

1. There are least four armed persons;

2. They formed a band of robbers;
3. The purpose is any of the following:
a. To commit robbery in the highway;
b. To kidnap persons for the purpose of extortion or to obtain ransom; or
c. To attain by means of force and violence any other purpose.

CHAPTER THREE
Theft

PRESIDENTIAL DECREE NO. 533

THE ANTI-CATTLE RUSTLING LAW OF 1974
Cattle rustling is the taking away by any means, method or scheme, without the consent of the
owner/raiser, of any of the above-mentioned animals 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 or hide without the consent of the owner/raiser.

CHAPTER FOUR
Usurpation

ARTICLE 312. Occupation of Real Property or Usurpation of Real Rights in Property. — Any
person who, by means of violence against or intimidation of persons, shall take possession of any real
property or shall usurp any real rights in property belonging to another, in addition to the penalty
incurred for the acts of violence executed by him, shall be punished by a fine of from 50 to 100 per
centum of the gain which he shall have obtained, but not less than 75 pesos.

If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos shall be imposed.

Acts punishable:

1. Taking possession of any real property belonging to another by means of violence against or
intimidation of persons;
 2. Usurping any real rights in property belonging to another by means of violence against or
intimidation of persons.

Elements:

1. That the offender takes possession of any real property or usurps any real rights in property
2. That the real property or real right belongs to another
3. That violence against or intimidation of persons is used by the offender in occupying real
property or usurping real rights in property
4. That there is intent to gain.

TITLE ELEVEN
Crimes Against Chastity
CHAPTER TWO
Rape and Acts of Lasciviousness

ARTICLE 336. Acts of Lasciviousness. — Any person who shall commit any act of lasciviousness
upon other persons of either sex, under any of the circumstances mentioned in the preceding article,
shall be punished by prisión correccional.

Elements:

1. Offender commits any act of lasciviousness or lewdness;

2. The act is committed against a person of either sex;
3. It is done under any of the following circumstances:
a. By using force or intimidation;
b. When the offended party is deprived or reason of otherwise unconscious; or
c. By means of fraudulent machination or grave abuse of authority;
d. When the offended party is under 12 years of age or is demented.

CHAPTER FOUR
Abduction

ARTICLE 342. Forcible Abduction. — The abduction of any woman against her will and with lewd
designs shall be punished by reclusión temporal.

The same penalty shall be imposed in every case, if the female abducted be under twelve years of age.

Elements:

1. The person abducted is any woman, regardless or her age, civil status, or reputation;
2. The abduction is against her will;
3. The abduction is with lewd designs.

CHAPTER TWO
Illegal Marriages

ARTICLE 350. Marriage Contracted Against Provisions of Laws. — The penalty of prisión
correccional in its medium and maximum periods shall be imposed upon any person who, without
being included in the provisions of the next proceeding article, shall contract marriage knowing that
the requirements of the law have not been complied with or that the marriage is in disregard of a legal
impediment.

If either of the contracting parties shall obtain the consent of the other by means of violence,
intimidation or fraud, he shall be punished by the maximum period of the penalty provided in the next
preceding paragraph.
Elements:

1. Offender contracted marriage;

2. He knew at the time that -
a. The requirements of the law were not complied with; or
b. The marriage was in disregard of a legal impediment.

Qualifying circumstances:

If either of the contracting parties obtained the consent of the other by means of:
1. Violence;
2. Intimidation; or
3. Fraud