MEMORY AID IN CRIMINAL LAW ART. 1.

TIME WHEN THE ACT TAKES

BOOK ONE EFFECT

CRIMINAL LAW – The branch or division of law which

defines crimes, treats of their nature and provides for their
TWO SCHOOLS OF THOUGHT
punishment. IN CRIMINAL LAW
CLASSICAL POSITIVIST
LIMITATIONS ON THE POWER OF CONGRESS TO
ENACT PENAL LAWS 1. Basis of Human free will The sum of social
The law must not: (CODE:VEBI) criminal and economic
1. Violate the equal protection clause of the Constitution. liability phenomena to which
2. Partake the nature of an “ex post facto law”. the actor is exposed
3. Partake of the nature of a “bill of attainder”. 2. Purpose of Retribution Prevention or
4. Impose cruel and unusual punishment nor excessive penalty correction
fines. 3. Exempli- The RPC in The provisions on
fied in general impossible crimes
CHARACTERISTICS OF CRIMINAL LAW and habitual
1. GENERAL - criminal law is binding on all persons delinquency
who live or sojourn in Philippine territory (Art. 14,
NCC.). NOTE: A third school of thought may be added which is
EXCEPTIONS: those who are exempted by: called:
a. Treaty stipulations. Eclectic or Mixed Philosophy – this combines both
b. Laws of preferential application positivist and classical thinking. Crimes that are economic
c. Principles of public internal law (i.e., sovereigns in nature and social in nature should be dealt with in a
and other chiefs of state, ambassadors, ministers positivist manner; thus, the law is more compassionate.
plenipotentiary, ministers resident, and their Heinous crimes should be dealt with in a classical manner:
charges d’affaires. But consuls, vice-consuls and thus, capital punishment as imposed by RA 7659 is
other commercial representatives of foreign justified.
nations cannot claim the same privileges and
immunities. ART. 2. APPLICATION OF ITS
PROVISIONS
2. TERRITORIAL - criminal laws of the Philippines Exception to the Principle of Territoriality
are enforceable only within its territory.
RULES ON VESSELS:
EXCEPTION: 1. A Philippine vessel or aircraft must be understood as
Art. 2 of the Revised Penal Code. that which is registered in the Philippine Bureau of
Customs.
3. PROSPECTIVE - penal laws cannot make an act
punishable in a manner in which it was not punishable 2. On Foreign Merchant Vessels:
when committed. As provided in Article 366 of the
Revised Penal Code, crimes are punished under the
FRENCH RULE ENGLISH RULE
laws in force at the time of their commission.
GENERAL RULE: GENERAL RULE:
EXCEPTION:
Crimes are not triable in Crimes are triable in the
When a new statute dealing with the crime
the courts of the country, country,
established conditions more lenient or favorable to the
EXCEPTION:
accused, it can be given a retroactive effect.
their commission affects the EXCEPTION:
peace and security of the they merely affect things
EXCEPTION TO THE EXCEPTION:
territory or the safety of the within the vessel or they
a. The new law is expressly made inapplicable to
state is endangered. refer to the internal
pending actions or existing causes of actions.
management thereof.
b. The offender is a habitual criminal.

 If the new law totally repeals the existing law so that

the act which was penalized under the old law is no NOTE: The English rule is more assertive while the
longer punishable, the crime is obliterated. French rule is more restrained.

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3. Merchant Vessel vs. Warship(Public Vessel)
(CODE: G-CLAMP)
MERCHANT WARSHIP MALA IN SE MALA PROHIBITA
1. As to The moral trait is The moral trait of the
More or less subject to Territory of the country moral trait of considered. Liability offender is not
territorial laws where they belong. Not the offender will arise only when considered. It is
subject to territorial laws there is dolo or enough that the
culpa. prohibited act was
voluntarily done.
ART. 3. FELONIES
2. As to use Good faith or lack Good faith is not a
GENERAL ELEMENTS OF FELONIES: of good faith of criminal intent is defense.
1. There must be an act or omission i.e., external as a defense a valid defense;
acts, internal acts are beyond the sphere of penal unless the crime is
laws. the result of culpa.
2. The act or omission must be punishable by the 3. As to The degree of The act gives rise to a
RPC; degree of accomplishment of crime only when it is
3. The act is performed or the omission incurred by accomplishm the crime is taken consummated.
means of dolo or culpa. ent of the into account in
crime punishing the
CLASSIFICATION OF FELONIES ACCORDING TO offender.
THE MEANS BY WHICH THEY ARE COMMITTED 4. As to Mitigating and Mitigating and
mitigating aggravating aggravating
1. Intentional felonies - the act is performed with and circumstances are circumstances are not
deliberate intent or malice. aggravating taken into account taken into account
circumstan- in imposing the
REQUISITES OF DOLO OR MALICE: ces penalty
1. FREEDOM; 5. As to When there is more Degree of participation
2. INTELLIGENCE; degree of than one offender, is not taken into
3. INTENT while doing the act or omitting to do the participation the degree of account. All who
act. Criminal intent is presumed from the participation of each perpetrated the act are
commission of an unlawful act. in the commission punished to the same
of the crime s taken extent.
2. Culpable felonies – Performed without malice. into account.
6. As to 1. Violation of the 1. Violation of
REQUISITES OF CULPA: what laws R.P.C. (General Special Laws
1. FREEDOM; are violated rule) (General rule)
2. INTELLIGENCE;
3. NEGLIGENCE AND IMPRUDENCE. Such TEST TO DETERMINE WHETHER OFFENSE IS
negligence or indifference to duty or to MALA IN SE:
consequence is, in law, equivalent to criminal  The test is not the law punishing it but the nature of
intent. the act itself. Although as a rule, special laws punish
REASON FOR PUNISHING ACTS OF acts as mala prohibita, if the act punished is wrongful
NEGLIGENCE: in nature, or inherently immoral, like the offense under
A man must use common sense, and exercise due the Election Code regarding the omission of the
reflection in all his acts; it is his duty to be cautious, voter’s name in the voter’s list, the act is considered
careful and prudent. wrong per se and not a wrong merely because it is
prohibited. Hence, good faith and lack of criminal
3. Mala Prohibita- the third class of crimes intent are valid defenses (People vs Sunico [CA] 50
punishable by SPECIAL LAWS, and where criminal O.G., 5880)
intent (or criminal negligence) is not, as a rule,
necessary, it being sufficient that the offender has the
intent to perpetrate the act prohibited by the special
law.
INTENT MOTIVE
1. purpose to use particular 1. moving power which
means to effect such result impels one to act
MALA IN SE vs. MALA PROHIBITA 2. element of the crime, 2. NOT an element of the

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except in malum prohibitum
3. essential in intentional
felonies
ART. 4. CRIMINAL LIABILITY
crime ATTEMPTED FELONIES
3. essential only when the
identity of the perpetrator is STAGES OF OFFENSES
in doubt 1. CONSUMMATED FELONY - A felony is
consummated when all the elements necessary for its
execution and accomplishment are present.

REQUISITES FOR CRIMINAL LIABILITY FOR A 2. FRUSTRATED FELONY

FELONY, DIFFERENT FROM THAT INTENDED TO
BE COMMITTED ELEMENTS:
(ART 4 PAR. 1 ): (CODE: APNI)
1. That an Intentional felony has been 1. The offender performs all the acts of execution
committed; 2. All the acts performed would produce the felony
2. That the wrong done be different from that which was as a consequence
intended: and 3. But the felony is not produced
3. That the intentional felony be the proximate cause of 4. By reason of causes independent of the will of the
the wrong done. perpetrator

PROXIMATE CAUSE -the cause, which, in natural and 3. ATTEMPTED FELONY

continuous sequence, unbroken by any efficient intervening
cause, produces the injury, and without which the result
would not have occurred.
CAUSES WHICH MAY PRODUCE A RESULT
DIFFERENT FROM THAT INTENDED
1. Error in personae - mistake in the identity of the
victim
2. Aberratio ictus- mistake in the blow
3. Praeter intentionem- the injurious result is different
from that intended
REQUISITES OF MISTAKE OF FACT AS DEFENSE:
(U.S. vs. Ah Chong)
1. The act done would have been lawful had the facts
been as accused believed them to be
2. The intention of the accused in doing the act was
lawful
3. The mistake was without fault or carelessness on the
part of the accused
ELEMENTS:
(CODE: CANO)
1. The offender commences the commission of the
felony directly by overt acts
2. He does not perform all the acts of execution
which should produce the felony
3. The offender’s act be not stopped by his own
spontaneous desistance;
4. The non-performance of all acts of execution was
due to cause or accident other than his own
spontaneous desistance.
 OVERT ACTS: Some physical activity or deed,
indicating intention to commit a particular crime, more
than a mere planning or preparation, which if carried
to its complete termination following its natural
course, without being frustrated by external obstacles,
nor by voluntary desistance of the perpetrator will
logically ripen into a concrete offense.

REQUISITES OF AN IMPOSSIBLE CRIME (ART. 4,  INDETERMINATE OFFENSE: One where the

PAR. 2): purpose of the offender in performing an act is not
certain. The accused maybe convicted for a felony
1. That the act performed would be an offense against defined by the acts performed by him up to the time of
persons or property desistance. (People vs. Lamahang, 61 Phil 703)
2. That the act was done with evil intent
3. That its accomplishment is inherently impossible, OR TWO STAGES IN THE DEVELOPMENT OF A
that the means employed is either inadequate or CRIME:
ineffectual. 1. Internal acts, such as mere ideas in the mind of a
4. That the act performed should NOT constitute a person, are not punishable even if they would
violation of another provision of the Revised Penal constitute a crime, had they been carried out.
Code. 2. External acts cover a) preparatory acts and b) acts of
execution.
 There is no such thing as an attempted or frustrated a. Preparatory acts are ordinarily not punishable.
impossible crime. But preparatory acts, considered by law as
ART. 6. CONSUMMATED, independent crimes, are punishable (e.g. the
FRUSTRATED AND possession of picklocks under Art. 304, RPC,

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 which is a preparatory act to the commission of
robbery).
b. Acts of execution are punishable under the
Revised Penal Code.
FACTORS TO CONSIDER IN DETERMINING
WHETHER THE FELONY IS ATTEMPTED,
FRUSTRATED OR CONSUMMATED:
(CODE- MEN)
1. Nature of the offense
2. Elements constituting the felony
3. Manner of committing the felony
FORMAL CRIMES - consummated in one instant, no
attempt.
MATERIAL CRIMES - 3 stages of execution.
ART. 7. LIGHT FELONIES
GENERAL RULE: Light felonies are punishable only
when they have been consummated.
EXCEPTION: If committed against persons or property,
punishable even if attempted or frustrated.
 Only principals and accomplices are liable for light
felonies
 Accessories are not liable, even if they are committed
against persons or property.
ART. 8. CONSPIRACY AND PROPOSAL
TO COMMIT FELONY
REQUISITES OF CONSPIRACY:
1. That two or more persons came to an agreement;
2. That the agreement pertains to the commission of a
felony; and
3. That the execution of the felony be decided upon.
TWO WAYS FOR CONSPIRACY TO EXIST:
1. There is a previous and express agreement;
2. The participants acted in concert or simultaneously
which is indicative of a meeting of the minds towards
a common criminal objective. There is an implied
agreement.
REQUISITES OF PROPOSAL:
1. That a person has decided to commit a felony; and
2. That he proposes its execution to some other person or
persons.
TWO ASPECTS OF CONSPIRACY OR PROPOSAL
TO COMMIT FELONY:
1. GENERAL RULE: As a manner of incurring
criminal liability.
2. EXCEPTION: As a separate punishable offense.
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RULES ON CONSPIRACY OR PROPOSAL TO
COMMIT A FELONY:
1. GENERAL RULE: Mere conspiracy and
proposal to commit a felony are not punishable.
Reason: conspiracy and proposal to commit a
crime are only preparatory acts.
2. EXCEPTION: They are punishable in cases in
which the law specially provides a penalty
therefor.
 When conspiracy is only a basis for incurring criminal
liability, there must be an overt act before the co-
conspirators become criminally liable. In which case,
the rule is that: “the act of one is the act of all”.
EXCEPTION: If any of the co-conspirators would
commit a crime not agreed upon, the same is NOT the
act of all.
EXCEPTION TO THE EXCEPTION: But in acts
constituting a “single indivisible offense”, all will be
liable for a crime committed by one co-conspirator.
The defense of a particular conspirator would be that
he tried to prevent the commission of such other act.
ART. 9. CLASSIFICATION OF FELONIES
ACCORDING TO GRAVITY
IMPORTANCE OF THE CLASSIFICATION:
a. To determine whether these felonies can be complexed
or not;
b. To determine the prescription of the crime and the
prescription of the penalty.
ART. 10. OFFENSES NOT SUBJECT TO
THE PROVISIONS OF THE RPC
GENERAL RULE: The provisions of the RPC on
penalties cannot be applied to offenses punishable under
special laws.
EXCEPTION: If the penalties in the special law follow
the penalties in the RPC, the rules in the RPC shall be
applicable (People vs Martin Simon, July 1994).
ART. 11. JUSTIFYING CIRCUMSTANCES
JUSTIFYING CIRCUMSTANCES - are those where the
act of a person is said to be in accordance with law, so that
such person is deemed not to have transgressed the law and
is free from both criminal and civil liability. There is no
civil liability, except in par. 4 of Art. 11, where the civil
liability is borne by the persons benefited by the act.
1. SELF-DEFENSE
REQUISITES:
1. Unlawful aggression (condition sine qua non);
2. Reasonable necessity of the means employed to
 prevent or repel it; and
3. Lack of sufficient provocation on the part of the person
defending himself
 UNLAWFUL AGGRESSION is equivalent to assault
or at least threatened assault of an immediate and
imminent kind.
 TEST OF REASONABLENESS - the means
employed depends upon the nature and quality of the
(1) weapon used by the aggressor, and (2) his physical
condition, character, size and other circumstances, (3)
and those of the person defending himself, (4) and also
the place and occasion of the assault.
 NOT required for reasonable necessity: Perfect
equality between the weapons used by the one
defending himself and that of the aggressor is not
required, nor material commensurability between the
means of attack and defense. Reason: This is because
the person assaulted does not have sufficient
tranquility of mind to think and to calculate.
 Rights included in self-defense:
Self-defense includes not only the defense of the
person or body of the one assaulted but also that of his
rights, the enjoyment of which is protected by law.
1. Includes the right to honor. Hence, a slap on the
face is considered as unlawful aggression directed
against the honor of the actor (People vs Sabio, 19
SCRA 901),
2. Includes defense of property rights, only if there is
also an actual and imminent danger on the person
of the one defending (People vs Apolinar, 38 O.G.
2879).
2. DEFENSE OF RELATIVES
REQUISITES:
1. Unlawful Aggression;
2. Reasonable necessity of the means employed to
prevent or repel it; and
3. In case the provocation was given by the person
attacked, the one making the defense had no part
therein.
RELATIVES THAT CAN BE DEFENDED:
(CODE: SAD B4R)
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural or adopted brothers and sisters, or
relatives by affinity in the same degrees.
5. Relatives by consanguinity within the fourth civil
degree
3. DEFENSE OF STRANGER
REQUISITES:
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1. Unlawful Aggression;
2. Reasonable necessity of the means employed to prevent
or repel it; and
3. The person defending be not induced by revenge,
resentment or other evil motive.
4. AVOIDANCE OF GREATER EVIL OR INJURY
REQUISITES:
1. That the evil sought to be avoided actually exists;
2. That the injury feared be greater than that done to
avoid it; and
3. There be no other practical and less harmful
means of preventing it.
 The greater evil must not be brought about by the
negligence or imprudence of the actor.
 Civil liability referred to in a state of necessity is based
not on the act committed, but on the benefit derived
from the state of necessity. Thus, only the person
benefited is civilly liable.
5. FULFILLMENT OF DUTY; OR LAWFUL
EXERCISE OF RIGHT OR OFFICE
REQUISITES:
1. That the accused acted in the performance of a duty or
in the lawful exercise of a right or office;
2. That the injury caused or the offense committed be the
necessary consequence of the due performance of duty
or the lawful exercise of such right or office.
6.
OBEDIENCE TO AN ORDER ISSUED FOR
SOME LAWFUL PURPOSE
REQUISITES:
1. That an order has been issued by a superior
2. That such order must be for some lawful purpose
3. That the means used by the subordinate to carry out
said order is lawful
ART. 12. EXEMPTING CIRCUMSTANCES
DEFINITION:
Exempting circumstances (or the circumstances for non-
imputability) - are those grounds for exemption from
punishment, because there is wanting in the agent of the
crime any of the conditions which makes the act voluntary,
or negligent.
BASIS: (CODE – FINI)
The exemption from punishment is based on the complete
absence of intelligence, freedom of action, or intent, or on
the absence of negligence on the part of the accused.
(CODE: CALL)
JUSTIFYING EXEMPTING
CIRCUMSTANCE CIRCUMSTANCE
1. It affects the act not 1. It affects the actor not
the actor. the act.
2. The act is considered 2. The act complained of
 to have been done is actually wrongful, 2. He causes injury to another by mere
within the bounds of but the actor is not accident;
law; hence, legitimate liable. 3. Without fault or intention of causing it.
and lawful in the eyes
of the law.
3. Since the act is 3. Since the act 5. A PERSON WHO ACTS UNDER THE
considered lawful, complained of is COMPULSION OF AN IRRESISTIBLE FORCE
there is no crime. actually wrong, there is ELEMENTS:
a crime; but since the 1. That the compulsion is by means of physical force.
actor acted without 2. That the physical force must be irresistible.
voluntariness, there is 3. That the physical force must come from a third person.
no dolo nor culpa.
4. Since there is no 4. Since there is a crime 6. A PERSON WHO ACTS UNDER THE IMPULSE
crime, nor a criminal, committed though OF UNCONTROLLABLE FEAR OF AN EQUAL
there is also no there is no criminal, OR GREATER INJURY
liability, criminal nor there is civil liability. ELEMENTS:
civil. 1. That the threat which causes the fear is of an evil
greater than, or at least equal to, that which he is
1. IMBECILITY OR INSANITY required to commit;
 Insanity or imbecility exists when there is a complete 2. That it promises an evil of such gravity and
deprivation of intelligence freedom of the will. imminence that the ordinary man would have
succumbed to it.
 An insane person is not so exempt if it can be shown
that he acted during a lucid interval. But an imbecile  Duress as a valid defense should be based on real,
is exempt in all cases from criminal liability. imminent, or reasonable fear for one’s life or limb and
should not be speculative, fanciful, or remote fear.
2 TESTS OF INSANITY:
Test of COGNITION – complete deprivation of  Hence, duress is unavailing where the accused had
intelligence in committing the crime. every opportunity to run away if he had wanted to, or
Test of VOLITION – total deprivation of freedom of to resist any possible aggression because he was also
will. (Pp. v. Rafanan) armed.

2. PERSON UNDER NINE YEARS OF AGE DISTINGUISHED FROM IRRESISTIBLE FORCE:

 An infant under the age of nine years is absolutely and In irresistible force (par. 5), the offender uses violence
conclusively presumed to be incapable of committing or physical force to compel another person to commit a
a crime. crime; in uncontrollable fear (par. 6), the offender employs
intimidation or threat in compelling another to commit a
 The phrase “under nine years” should be construed crime.
“nine years or less”. 7. A PERSON WHO FAILS TO PERFORM AN ACT
REQUIRED BY LAW, WHEN PREVENTED BY
3. PERSON OVER NINE YEARS OF AGE AND SOME LAWFUL OR INSUPERABLE CAUSE.
UNDER FIFTEEN, ACTING WITHOUT
DISCERNMENT ELEMENTS:
Discernment - mental capacity (i.e. of a minor) to fully 1. That an act is required by law to be done
appreciate the consequences of an unlawful act. 2. That a person fails to perform such act
Discernment may be shown by: 3. That his failure to perform such act was due to some
a. The manner the crime was committed; or lawful or insuperable cause.
b. The conduct of the offender after its commission
ABSOLUTORY CAUSES
4. A PERSON WHO WHILE PERFORMING A DEFINITION:
LAWFUL ACT WITH DUE CARE, CAUSES Absolutory cause – a circumstance which is present
INJURY, BY MERE ACCIDENT WITHOUT prior to or simultaneously with the offense by reason
FAULT OR INTENTION OF CAUSING IT of which, the accused who acts with criminal intent,
freedom and intelligence does not incur criminal
ELEMENTS: liability for an act which constitutes a crime, such as:
1. A person is performing a lawful act; 1. Spontaneous desistance (Art.6)
1. With due care; 2. Accessories who are exempt from criminal

6
 liability (Art. 20) 15 years of age, acting without discernment is also an
3. Death or physical injuries under exceptional exempting circumstance, (Art. 12, par. 3; see Art. 68,
circumstances (Art. 247) par. 1);
4. Persons exempt from criminal liability in theft, 3. Minor delinquent (under 18 years of age), the sentence
swindling and malicious mischief (Art. 332) may be suspended (Art. 192, PD 603, as amended by
5. Instigation is an absolutory cause. REASON: An PD 1179);
instigator practically induces the “would-be 4. Under 18 years of age, privileged mitigating
accused” into the commission of the offense, and circumstance (Art. 68);
himself becomes a co-principal. Sound public 5. age of full responsibility - 18 years or over, full
policy requires that the courts condemn this criminal responsibility;
practice by directing the acquittal of the accused. 6. The age of mitigated responsibility - 70 years or over,
mitigating circumstance (Art. 13, par. 2), no
ART. 13. MITIGATING CIRCUMSTANCES imposition of death penalty (Art. 47, par. 1), execution
DEFINITION: of death sentence if already imposed is suspended and
Mitigating circumstances - those which, if present in the commuted (Art. 83).
commission of the crime, do not entirely free the actor from
criminal liability, but serve only to reduce the penalty. PARAGRAPH 3: NO INTENTION TO COMMIT SO
GRAVE A WRONG
BASIS: (CODE: FILI) 1. If the offender had no intention to commit so grave a
Mitigating circumstances are based on the wrong as that committed, he is entitled to a mitigating
diminution of either freedom of action, intelligence, or circumstance. This can be taken into account only
intent, or on the lesser perversity of the offender. when the facts proven show that there is a notable and
evident disproportion between the means employed to
execute the criminal act and its consequences.
Classes of Mitigating Circumstances: 2. This paragraph is not applicable to culpable felonies.
ORDINARY PRIVILEGED
As to the If not offset, it will It operates to PARAGRAPH 4: PROVOCATION OR THREAT
effect operate to reduce the reduce the penalty DEFINITION:
penalty to the by one to two Provocation - is understood as any unjust or improper
minimum period, DEGREES conduct or act of the offended party, capable of exciting,
provided the penalty depending upon inciting, or irritating any one.
is a divisible one. what the law
provides.

As to May be offset by Cannot be offset REQUISITES: (CODE: SOI)

offset aggravating 1. The provocation must be sufficient.
circumstance 2. It must originate from the offended party.
3. The provocation must be immediate to the commission
Where subsections 1 to 10 of Arts. 68, 69 and 64 of the crime by the person who is provoked.
found Article 13, RPC. of the RPC.
 The threat should not be offensive and positively
strong. Otherwise, the threat to inflict real injury is an
PARAGRAPH 1: INCOMPLETE JUSTIFYING OR unlawful aggression, which may give rise to self-
EXEMPTING CIRCUMSTANCE defense.
1. Applies, when all the requisites necessary to justify the
act are not attendant. PARAGRAPH 5: VINDICATION OF GRAVE
2. But in the case of “incomplete self-defense, defense of OFFENSE
relatives, and defense of stranger”, unlawful REQUISITES:
aggression must be present, it being an indispensable 1. That there be a grave offense done to the one
requisite. committing the felony, his spouse, ascendants,
descendants, legitimate, natural or adopted brothers or
PARAGRAPH 2: UNDER 18, OR OVER 70 YEARS sisters, or relatives by affinity within the same
OLD degrees;
LEGAL EFFECTS OF VARIOUS AGES OF OFFENDER: 2. That the felony is committed in vindication of such
1. The age of absolute irresponsibility - Under 9 years of grave offense.
age, an exempting circumstance (Art. 12, par. 2);
2. The age of mitigated responsibility - Over 9 and under  Immediate vindication means proximate. Hence, a

7
 lapse of time is allowed between the vindication and REQUISITES OF VOLUNTARY SURRENDER:
the doing of the grave offense. (CODE: ASV)
1. That the offender had not been actually arrested;
PROVOCATION VINDICATION 2. That the offender surrendered himself to a person in
authority or to the latter’s agent;
1. It is made directly only 1. The grave offense 3. That the surrender was voluntary.
to the person may be committed
committing the felony. also against the WHEN SURRENDER VOLUNTARY – A surrender to
offender’s relatives be voluntary must be spontaneous, showing the intent of
mentioned by law. the accused to submit himself unconditionally to the
authorities, either because:
2. The cause that brought 2. The offended party 1. he acknowledges his guilt; or
about the provocation must have done a 2. he wishes to save them the trouble and expense
need not be a grave grave offense to the necessarily incurred in his search and capture.
offense. offender or his
relatives mentioned REQUISITES OF VOLUNTARY PLEA OF GUILTY:
by law. (CODE: SCoP)
3. It is necessary that the 3. The vindication of the 1. That the offender spontaneously confessed his guilt;
provocation or threat grave offense may be 2. That the confession of guilt was made in open court,
immediately preceded proximate, which that is, before the competent court that is to try the
the act. admits of an case; and
INTERVAL of time. 3. That the confession of guilt was made prior to the
presentation of evidence for the prosecution.
PARAGRAPH 6: PASSION OR OBFUSCATION PARAGRAPH 8: PHYSICAL DEFECT OF THE
REQUISITES: OFFENDER
1. The accused acted upon an impulse. DEFINITION:
2. The impulse must be so powerful that it naturally Physical defect - referred to in this paragraph is such as
produced passion or obfuscation in him. being armless, cripple, or a stutterer, whereby his means to
act, to defend himself, or to communicate with his fellow
REQUISITES OF THE MITIGATING human beings, is limited. However, it is essential that the
CIRCUSTANCE OF PASSION OR OBFUSCATION physical defect has some relation to the crime committed
1. That there be an act, both unlawful and sufficient to by him.
produce such a condition of mind;
2. That said act which produced the obfuscation was not PARAGRAPH 9: ILLNESS OF THE OFFENDER
far removed from the commission of the crime by a REQUISITES:
considerable length of time, during which the 1. That the illness of the offender diminishes the exercise
perpetrator might recover his normal equanimity. of his will power.
2. That such illness should not deprive the offender of
REASON: When there are causes naturally producing in a consciousness of his acts.
person powerful excitement, he loses his reason and self-
control, thereby diminishing the exercise of his will power. PARAGRAPH 10: SIMILAR AND ANALOGOUS
CIRCUMSTANCES
EXCEPTIONS: But even when there is actually passion or
obfuscation on the part of the offender, there is no  Authorizes the court to consider in favor of the
mitigating circumstance if: accused “any other circumstance of a similar nature
a. The act is committed in a spirit of lawlessness; or and analogous to those mentioned” in paragraphs 1 to
b. The act is committed in a spirit of revenge. 9 of Article 13.

PARAGRAPH 7: SURRENDER AND CONFESSION ART. 14 AGGRAVATING CIRCUMSTANCES

OF GUILT
TWO MITIGATING CIRCUMSTANCES ARE PROVIDED
IN THIS PARAGRAPH:
1. Voluntary surrender to a person in authority or his
agents.
2. Voluntary confession of guilt before the court, prior to
the presentation of evidence for the prosecution.
DEFINITION:
Aggravating circumstances - are those which, if attendant
in the commission of the crime, serve to increase the
penalty without, however, exceeding the maximum of the
penalty provided by law for the offense.
BASIS:
They are based on the greater perversity of the offender

8
manifested in the commission of the felony, as shown by 1. It does not only give 1. Its effect is to increase
(1) the motivating power itself, (2) the place of the crime its proper the penalty, which
commission, (3) the means and ways employed, (4) the and exclusive name, should be imposed
time, or (5) the personal circumstances of the offender, or but also places the upon the accused
of the offended party. author thereof in such without exceeding the
a situation as to limit prescribed by law.
FOUR KINDS OF AGGRAVATING deserve no other It does not change the
CIRCUMSTANCES: penalty than that crime
1. GENERIC– those that can generally apply to all specially prescribed by
crimes law for said crime.
 USUALLY: dwelling; nighttime; recidivism
 ENUMERATED:
(1) Advantage taken of public position
(2) Contempt or insult to public authorities
(3) Commission in the dwelling of the offended 2. It may be compensated
party
2. It cannot be offset by
an ordinary mitigating by a mitigating
(4) Abuse of confidence; or obvious ungratefulness circumstance.
circumstance.
(5) Places of commission
(6) Nighttime; uninhabited place; or band
(7) Recidivism MODIFICATIONS IN THE APPLICATION OF SOME
(8) Reiteracion AGGRAVATING CIRCUMSTANCES (ACs)
(9) Craft, fraud, or disguise (CODE: No Personal Knowledge of Public Syndicate)
(10) Unlawful entry 1. ACs WHICH DO NOT HAVE THE EFFECT OF
(11) By breaking wall, etc. INCREASING THE PENALTY. (a) Those which in
(12) Aid of a minor (under 15 years) themselves, constitute a crime specially punishable by
law, and (b) those which are included by the law in
2. SPECIFIC-- those that apply only to particular defining a crime and prescribing the penalty therefore
crimes. (Art. 62, par. 1).
 USUALLY: ignominy in crimes against chastity; or 2. ACs WHICH ARE PERSONAL TO THE
cruelty and treachery in crimes against persons OFFENDERS. Those which arise: a) from the moral
 ENUMERATED: attributes of the offender, or b) from his private
(1) disregard of rank, age, or sex of offended party relations with the offended party, or c) from any other
(2) superior strength; or means to weaken the personal cause, shall only serve to aggravate the
defense liability of the principals, accomplices, and accessories
(3) treachery as to whom such circumstances are ATTENDANT
(4) ignominy (Art. 62, par. 3).
(5) cruelty 3. ACs WHICH DEPEND FOR THEIR
(6) use of unlicensed firearm in murder or homicide APPLICATION UPON THE KNOWLEDGE OF
(Section 1, RA 8294) THE OFFENDERS. Those which consist 1) in the
material execution of the act, or 2) in the means
3. QUALIFYING– those that change the nature of the employed to accomplish it, shall serve to aggravate the
crime. liability of those persons only who had
 EXAMPLES: Alevosia (treachery), or evident KNOWLEDGE of them at the time of the execution of
premeditation qualifies the killing of a person to the act or their cooperation therein (Art. 62, par. 4).
murder 4. When in the commission of the crime, advantage was
4. INHERENT– those that must, of necessity, taken by the offender of his public position, or when
accompany the commission of the crime. These will the offense was committed by a person who belongs to
not aggravate the crime. a syndicated crime group, the maximum penalty
 EXAMPLE: Evident premeditation is inherent in shall be imposed regardless of mitigating
robbery, theft, estafa, adultery, or concubinage circumstances.

PARAGRAPH 1: ADVANTAGE TAKEN OF PUBLIC

(CODE: NO) POSITION
QUALIFYING GENERIC
AGGRAVATING AGGRAVATING TEST: Did the accused abuse his office in order to
CIRCUMSTANCE CIRCUMSTANCE commit the crime?

THIS CIRCUMSTANCE NOT APPLIED IN:

9
 1. FALSIFICATION OF DOCUMENT
COMMITTED BY PUBLIC OFFICERS
UNDER ART. 171.
2. ACCESSORIES UNDER ART. 19, PAR. 3
3. CRIMES COMMITTED BY PUBLIC
OFFICERS (FOUND IN ARTS. 204-245).
PARAGRAPH 2: CONTEMPT OR INSULT TO
PUBLIC AUTHORITIES
REQUISITES:
1. That the public authority is engaged in the exercise of
his functions.
2. That he who is thus engaged in the exercise of said
functions is NOT the person against whom the crime
is committed.
3. The offender knows him to be a public authority.
4. His presence has not prevented the offender from
committing the criminal act.
 Knowledge that a public authority is present is
essential.
DEFINITION:
A Public Authority, sometimes also called a “person in
authority”, is a public officer who is directly vested with
jurisdiction, that is, a public officer who has the power to
govern and execute the laws.
PARAGRAPH 3: DISREGARD OF RANK, AGE, OR
SEX OF OFFENDED PARTY; OR COMMISSION IN
THE DWELLING OF THE OFFENDED PARTY
 If all the four circumstances enumerated in this
paragraph are present, they have the weight of only
one aggravating circumstance.
1. That the act be committed with insult or
in disregard of the respect due the
offended party on account of the –
a. rank of the offended party. There must be a
difference in the social condition of the offender
and the offended party.
b. age of the offended party. Applies to cases where
the victim is of tender age as well as of old age.
c. sex of the offended party. This refers to the
female sex, not to the male sex.
 This circumstance (rank, age, or sex) is applicable
only in crimes against persons or honor.
DISREGARD OF RANK, AGE, OR SEX IS NOT
AGGRAVATING IN THE FOLLOWING CASES:
a. When the offender acted with passion and obfuscation.
b. When there exists a relationship between the offended
party and the offender.
c. When the condition of being a woman is indispensable
in the commission of the crime. Thus, in (1) parricide,
10
(2) abduction, (3) seduction and (4) rape in Art. 266-A
par.1, sex is not aggravating
 Is disregard of sex absorbed in treachery?
The aggravating circumstance of disregard of sex
and age are NOT absorbed in treachery because
treachery refers to the manner of the commission of
the crime, while disregard for sex and age pertains to
the relationship to the victim (P v. Lapaz; March 31,
1989)
2. That the crime be committed in the
dwelling of the offended party.
REASON for aggravating the commission of the crime in
one’s dwelling:
a. The abuse of confidence which the offended party
reposed in the offender by opening the door to
him; or
b. The violation of the sanctity of the home by
trespassing therein with violence or against the
will of the owner.
DEFINITIONS
 Dwelling - must be a building or structure, exclusively
used for rest and comfort. It includes dependencies,
the foot of the staircase and enclosure under the house.
 There must be NO provocation, in order to consider
this AC. By PROVOCATION is meant, one which is:
1. Given by the owner of the dwelling,
2. Sufficient, and
3. Immediate to the commission of the crime.
NOTE: For this circumstance to be considered, it is
NOT necessary that the accused should have actually
entered the dwelling of the victim to commit the
offense. It is enough that the victim was attacked
inside his own house, although the assailant may have
devised means to perpetrate the assault from without.
DWELLING IS NOT AGGRAVATING IN THE
FOLLOWING CASES:
a. When both offender and offended party are occupants
of the same house, even if the offended party is a
servant in the house.
 BUT in adultery, it is still aggravating even if it
was also the dwelling of the unfaithful wife,
because of a very grave offense against the head
of the house. BUT the rule is again different if
both the unfaithful wife and the paramour were
living, and had the right to live, in the same house
of the offended spouse.
b. In robbery by use of force upon things and trespass to
dwelling because dwelling is inherent.
PARAGRAPH 4: ABUSE OF CONFIDENCE; OR insure the commission of the crime or for the purpose
OBVIOUS UNGRATEFULNESS of impunity; or
3. When the offender took advantage thereof for the
REQUISITES OF ABUSE OF CONFIDENCE: purpose of impunity.
1. That the offended party had trusted the offender.
2. That the offender abused such trust by committing a DEFINITIONS:
crime against the offended party. 1. “For the purpose of impunity” - means to prevent his
3. That the abuse of confidence facilitated the (accused’s) being recognized, or to secure himself
commission of the crime. against detection and punishment.
2. “Nighttime” - is the period of darkness beginning at
REQUISITES OF OBVIOUS UNGRATEFULNESS: the end of dusk and ending at dawn. Nighttime by and
1. That the offended party had trusted the offender; of itself is not necessarily aggravating. TESTS: (1)
2. That the offender abused such trust by committing a the commission of the crime must begin and be
crime against the offended party; and accomplished in the nighttime; or (2) the offense must
3. That the act be committed with obvious be actually be committed in the darkness of the night.
ungratefulness. 3. “An uninhabited place” - is one where there are no
 The confidence between the offender and the offended houses at all, a place at a considerable distance from
party must be immediate and personal. town, or where the houses are scattered at a great
distance from each other. [TEST OF UNINHABITED
PARAGRAPH 5: PLACES OF COMMISSION PLACE] But whether or not the crime is attended by
Places: this aggravating circumstance should be determined
1. Palace of the Chief Executive; not by the distance of the nearest house from the scene
2. In the presence of the Chief Executive; of the crime, but whether or not in the place of the
3. Where public officers are engaged in the commission of the offense there was a reasonable
discharge of their duties; possibility of the victim receiving some help. [TEST
4. Place dedicated to religious worship. OF WHETHER OR NOT AGGRAVATING]
4. “BAND” - Whenever more than three armed
malefactors shall have acted together in the
PAR. 2: CONTEMPT PAR. 5: PLACE commission of an offense, it shall be deemed to have
OR INSULT TO WHERE PUBLIC been committed by a band.
PUBLIC AUTHORITIES ARE 5. “Acted together” - means direct part in the execution
AUTHORITIES ENGAGED IN THE of the act constituting the crime. Hence, if one of the
DISCHARGE OF four armed men is a principal by inducement only,
THEIR DUTIES they do not form a band, because a principal by
1. The public authorities 1. The public authorities, inducement connotes that he has no direct
are performing their who are in the participation in the perpetration thereof.
duties outside of their performance of their
office. duties, must be in their PARAGRAPH 7: ON OCCASION OF CALAMITY OR
office. MISFORTUNE
2. The public authority 2. The public authority
THE REASON for the existence of this
should not be the may be the offended
party. circumstance is found in the debased form of criminality
offended party. met in one who, in the midst of a great calamity, instead of
lending aid to the afflicted, adds to their great suffering by
NOTE: There is a decided case to the effect that the taking advantage of their misfortune to despoil them.
offender must have the intention to commit a crime when
he entered the place; i.e. “she must have murder in her PARAGRAPH 8: AID OF ARMED MEN, ETC.
heart” (People v. Jaurigue, 76 Phil 174). Any of the said
places is not therefore, aggravating, if the crime was REQUISITES:
casually committed therein. 1. That armed men or persons took part in the
commission of the crime, directly or indirectly.
PARAGRAPH 6: NIGHTTIME; UNINHABITED 2. That the accused availed himself of their aid or relied
PLACE; OR BAND upon them when the crime was committed.
NIGHTTIME, UNINHABITED PLACE OR BAND IS
AGGRAVATING – Exceptions:
1. When it facilitated the commission of the crime; or 1. This aggravating circumstance shall not be considered
2. When it was especially sought for by the offender to when both the attacking party and the party attacked

11
 were equally armed. title of the Code. embraced in the same
2. This aggravating circumstance is not present when the title of the Code
accused as well as those who cooperated with him in
the commission of the crime acted under the same FORMS OF REPETITION
plan and for the same purpose. 1. Recidivism (Par. 9, Art. 14)
2. Reiteracion or habituality (Par. 10, Art. 14)
 Aid of armed men is absorbed by “employment by a 3. Multi-recidivism or habitual delinquency (Art. 62, Par.
band”. 5)
4. Quasi-Recidivism (Art. 160)

par 8 (“WITH AID OF ARMED PARAGRAPH 11: PRICE, REWARD, OR PROMISE

MEN”) vs. par. 6 (“bY A  When this aggravating circumstance is present, there
BAND”) must be two or more principals; the one who gives or
BAND ARMED MEN offers the price or promise and the one who accepts it.
1. requires more than 1. AT LEAST 2
 The evidence must show that one of the accused used
three armed malefactors
money or other valuable consideration for the purpose
2. shall have acted 2. actual aid is not of inducing another to perform the deed.
together in the necessary, sufficient even
commission of an if offenders merely relied  When this aggravating circumstance is present, it
offense. on the aid of the armed affects not only the person who received the price or
men the reward, but also the person who gave it.
PARAGRAPH 9: RECIDIVIST PARAGRAPH 12: BY MEANS OF INUNDATION,
REQUISITES: (CODE: TriPS CONVICTED) FIRE, ETC.
1. That the offender is on trial for an offense;
2. That he was previously convicted by final judgment of  Any of the circumstances in paragraph 12 cannot be
another crime; considered to increase the penalty or to change the
3. That both the first and the second offenses are nature of the offense unless used by the offender as a
embraced in the same title of the Code; means to accomplish a criminal purpose.
4. That the offender is convicted of the new offense.
PAR. 12 PAR. 7
 There is no recidivism if the subsequent conviction is
Under par. 12, the crime is Under par.7, the crime is
for an offense committed before the offense involved
committed by means of any committed on the occasion
in the prior conviction.
of such acts involving great of a calamity or misfortune.
waste and ruin.
PARAGRAPH 10: REITERACION OR
HABITUALITY
PARAGRAPH 13: EVIDENT PREMEDITATION
REQUISITES: (CODE: TriPLE CONVICTED)
1. That the accused is on trial for an offense;
The essence of premeditation is that the
2. That he previously served sentence for another offense
execution of the criminal act must be preceded by cool
to which the law attaches an equal or greater penalty,
thought and reflection upon the resolution to carry out the
or for two or more crimes to which it attaches lighter
criminal intent during the space of time sufficient to arrive
penalty than that for the new offense.
at a calm judgment.
3. That he is convicted of the new offense.
REQUISITES:
RECIDIVISM REITERACION 1. Proof of the time when the offender determined to
1. It is enough that a final 1. It is necessary that the commit the crime;
judgment has been offender shall have 2. An act manifestly indicating that the culprit has clung
rendered in the first served out his sentence to his determination; and
offense. for the first offense 3. A sufficient lapse of time between the determination
and execution, to allow him to reflect upon the
2. Recidivism requires 2. The previous and consequences of his act and to allow his conscience to
that the offenses be subsequent offenses overcome the resolution of his will.
included in the same must NOT be

12
PARAGRAPH 14: CRAFT, FRAUD, OR DISGUISE
DEFINITIONS:
1. Craft - involves the use of intellectual trickery or
cunning on the part of the accused.
2. Fraud - involves the use of insidious words and
machination, used to induce the victim to act in a
manner, which would enable the offender to carry
out his design.
3. Disguise - involves resort to any device in order
to conceal identity.
 When there is a direct inducement by insidious words
or machinations, fraud is present; otherwise, the act of
the accused done in order not to arouse the suspicion
of the victim constitutes craft.
PARAGRAPH 15: SUPERIOR STRENGTH; OR
MEANS TO WEAKEN DEFENSE
1. Superior Strength - To take advantage of superior
strength means to use purposely, excessive force out of
proportion to the means of defense available to the
person attacked.
 The aggravating circumstance of abuse of superior
strength depends on the age, size, and strength of the
parties.
2. Means to weaken the defense - The offender employs
means to materially weaken the resisting power of the
offended party.
PARAGRAPH 16: TREACHERY (ALEVOSIA)
There is treachery when the offender commits
any of the crimes against the person, employing means,
methods or forms in the execution thereof which tend
directly and specially to insure its execution, without risk to
himself arising from the defense which the offended party
might make.
REQUISITES:
1. That at the time of the attack, the victim was not in a
position to defend himself;
2. That the offender consciously adopted the particular
means, method or form of the attack employed by him.
 Killing a child is characterized by treachery, because
the weakness of the victim due to his tender age
results in the absence of any danger to the accused.
RULES ON TREACHERY:CODE: (PICTA)
1. Applicable only to crimes against persons
2. Means, methods, or forms need not insure
accomplishment of crime.
3. The mode of attack must be consciously adopted.
4. Must be present at the proper time.
13
5. Treachery absorbs abuse of superior strength, aid of
armed men, by a band and means to weaken the
defense.
SUMMARY OF RULES WHEN TREACHERY IS
PRESENT:
a) When the aggression is continuous, treachery must be
present in the beginning of the assault (People vs
Canete, 44 Phil 478);
b) When the assault was not continuous in that there was
an interruption, it is sufficient that treachery was
present at the moment the fatal blow was given (US vs
Baluyot, 40 Phil 385).
PARAGRAPH 17: IGNOMINY
DEFINITIONS:
Ignominy - a circumstance pertaining to the moral order,
which adds disgrace and obloquy to the material injury
caused by the crime.
It must tend to make the effects of the crime
more humiliating or to put the offended party to shame.
WHERE APPLICABLE:
This aggravating circumstance is applicable to:
1. crimes against chastity;
2. less serious physical injuries;
3. light or grave coercion;
4. and murder.
NOTE:
The Supreme Court considered ignominy in the
crime of rape (People vs. Torrefiel [45 O.G.8803], US vs.
Iglesia [21 Phil 155], People vs. Carmina [193 SCRA 429])
PARAGRAPH 18: UNLAWFUL ENTRY
There is unlawful entry when an entrance is
effected by a way not intended for the purpose. It must be
a means to effect entrance and not for escape.
PARAGRAPH 19: BY A WALL, ROOF, FLOORDOOR
OR WINDOW BE BROKEN ETC.
 To be considered as an aggravating circumstance,
breaking the door must be utilized as a means to the
commission of the crime. The circumstance is
aggravating only in those cases where the offender
resorted to any of said means to enter the house. If
broken to get out of the place, it is not an aggravating
circumstance.
PARAGRAPH 20: AID OF MINOR (UNDER
15YEARS); OR BY MEANS OF MOTOR VEHICLES,
ETC.
TWO DIFFERENT CIRCUMSTANCES ARE
GROUPED IN THIS PARAGRAPH.
The first one tends to repress the frequent
practice resorted to by professional criminals to avail
themselves of minors taking advantage of their
irresponsibility; while the second one is intended to
counteract the great facilities found by modern criminals in
said means to commit crime, and then flee and abscond
once the same is committed.
PARAGRAPH 21: CRUELTY
ESSENCE:
THERE IS CRUELTY when the culprit enjoys
and delights in making his victim suffer slowly and
gradually, causing him unnecessary physical pain in the
consummation of the criminal act.
REQUISITES:
1. That the injury caused be deliberately increased by
causing other wrong;
2. That the other wrong be unnecessary for the execution
of the purpose of the offender.
IGNOMINY VS. CRUELTY
Ignominy (par. 17) involves moral suffering, while cruelty
(par. 21) refers to physical suffering.
ART. 15 ALTERNATIVE CIRCUMSTANCES
Alternative circumstances are those, which must
be taken into consideration as aggravating or mitigating,
according to the nature and effects of the crime and the
other conditions attending its commission.
THE ALTERNATIVE CIRCUMSTANCES ARE:
(CODE: RID)
1. Relationship
2. Intoxication
3. Degree of instruction and education of the offender
1. RELATIONSHIP - The alternative circumstance of
relationship shall be taken into consideration when the
offended party is the –
1. spouse
2. ascendant
3. descendant
4. legitimate, natural or adopted brother or sister, or
relative by affinity in the same degree, of the offender.
 The relationship of stepfather or stepmother and
stepson or stepdaughter is included by analogy to that
of ascendant and descendant.
WHEN MITIGATING AND WHEN AGGRAVATING:
The law is silent as to when mitigating and when
aggravating.
14
a. MITIGATING: As a rule, relationship is
mitigating in crimes against property, by analogy
to Art. 332 regarding “Persons exempt from
criminal liability”. OF COURSE in view of Art.
332, when the crime committed is: (a) theft, (b)
estafa, or (c) malicious mischief, relationship is
exempting, and not merely mitigating.
b. AGGRAVATING: It is aggravating in crimes
against persons in cases where the offended is a
relative of a higher degree than the offender, or
when the offender and the offended party are
relatives of the same level.
 It is aggravating even if offended party is a
descendant, if offense is physical injuries under Art.
263, except with regard to parents who inflict injuries
to their children by reason of excessive chastisement.
 In crimes against chastity, relationship is always
aggravating, regardless of whether the offender is a
relative of a higher or lower degree of the offended
party.
 However, relationship is neither mitigating nor
aggravating, when relationship is an element of the
offense.
2. INTOXICATION - By state of intoxication is meant
that the offender’s mental faculties must be affected by
drunkenness.
WHEN MITIGATING AND WHEN AGGRAVATING:
1. Mitigating, if intoxication is (1) not habitual, or 2) not
subsequent to the plan to commit a felony.
2. Aggravating if intoxication is 1) habitual, or 2) if it is
intentional (subsequent to the plan to commit a
felony).
3. DEGREE OF INSTRUCTION AND EDUCATION
OF THE OFFENDER
 Low degree of instruction and education or lack of it is
generally mitigating. High degree of instruction and
education is aggravating, when the offender availed
himself of his learning in committing the crime.
 Lack of instruction or low degree of it, is appreciated
as mitigating circumstance in almost all crimes.
EXCEPT in crimes, which are inherently wrong, of
which every rational being is endowed to know and
feel.
ART. 16. PERSONS WHO ARE CRIMINALLY
LIABLE
GRAVE AND LESS GRAVE FELONIES:
1. Principals 2. that such inducement be the determining
2. Accomplices cause of the commission of the crime by the
3. Accessories material executor

LIGHT FELONIES: REQUISITES of #2 (Principal by inducement,

1. Principals through words of command):
2. Accomplices In order that a person using words of
command maybe held liable, the following
 The classification of the offenders as principal, requisites must be present---
accomplice, or an accessory is true only under the 1. That the one uttering the words of command
RPC but not in the special laws because the penalties must have the intention of procuring the
under the latter are not graduated. commission of the crime
2. That the one who made the command must
Two parties in all crimes have an ascendancy or influence over the
1. ACTIVE subject (the criminal) person who acted
2. PASSIVE subject (the injured party) 3. That the words used must be so direct, so
efficacious, so powerful as to amount to
physical or moral coercion
ART. 17. PRINCIPALS 4. The words of command must be uttered
KINDS OF PRINCIPALS prior to the commission of the crime
1. PRINCIPAL BY DIRECT PARTICIPATION - 5. The material executor of the crime has no
personally takes part in the execution of the act constituting personal reason to commit the crime
the crime
REQUISITES: Principal by Inducement Offender who made
1. That they participated in the criminal resolution; Proposal to Commit a
2 That they carried out their plan and personally took Felony
part in its execution by acts which directly tended to 1. Becomes liable only 2. The mere proposal to
the same end. when the crime is commit a felony is
committed by the punishable in treason
2. PRINCIPAL BY INDUCTION - the principal by principal by direct or rebellion; the person
induction becomes liable only when the principal by direct participation to whom the proposal
participation committed the act induced. is made should not
TWO WAYS OF BECOMING A PRINCIPAL BY commit the crime,
INDUCTION: otherwise, the
1. Directly forcing another to commit a crime, proponent becomes a
principal by
Two ways of directly forcing another to commit a inducement
crime: 3. Inducement involves 2. The proposal must
1. by using irresistible force any crime. involve only treason or
2. by causing uncontrollable fear rebellion

2. Directly inducing another to commit a crime
Two ways of directly inducing another to commit
a crime:
1. by giving price, or offering reward or
promise
2. by using words of command
REQUISITES of #1 (Principal by inducement,
through giving price, etc):
In order that a person maybe convicted as a
principal by inducement, the following requisites
must be present-
1. that the inducement be made directly with
the intention of procuring the commission of
the crime; and
EFFECT OF ACQUITTAL OF ONE OF THE CO-
CONSPIRATORS TO THE OTHER CO-
CONSPIRATORS:
As a rule, the acquittal of one of the co-conspirators
redounds to the benefit of the other co-conspirators
EXCEPT when the acquittal is due to circumstances
personal to the accused.
2. PRINCIPALS BY INDISPENSABLE
COOPERATION
REQUISITES:
1. Participation in the criminal resolution, that is,
there is either anterior conspiracy or unity of
criminal purpose and intention immediately
before the commission of the crime charged; and
2. Cooperation in the commission of the offense by

15
 performing another act, without which it would
not have been accomplished
COLLECTIVE CRIMINAL RESPONSIBILITY
(WHEN THERE IS CONSPIRACY)
There is collective criminal responsibility when
the offenders are criminally liable in the same manner and
to the same extent. The penalty to be imposed must be the
same for all.
INDIVIDUAL CRIMINAL RESPONSIBILITY (WHEN
THERE IS NO CONSPIRACY)
The criminal responsibility arising from different
acts directed against one and the same person is individual
and not collective, and each of the participants is liable
only for the act committed by him.
ART. I8. ACCOMPLICES
REQUISITES:
CODE: (COMMUNITY COOPERATES
previous supply RELATION)
1. That there be community of design; that is, knowing
the criminal design of the principal by direct
participation, he concurs with the latter in his purpose;
2. That he cooperates in the execution of the offense by
previous or simultaneous acts, but does not render him
a principal by direct participation or by indispensable
cooperation; and
3. That there be a relation between the acts done by the
principal and those attributed to the person charged as
accomplice.
ART. 19. ACCESSORIES
 An accessory must have knowledge of the commission
of the crime and having knowledge he took part
subsequent to its commission
SPECIFIC ACTS OF ACCESSORIES:
(CODE: PROFIT, CONCEAL, HARBOR)
1. By profiting themselves or assisting the offender to
profit by the effects of the crime
2. By concealing or destroying the body of the crime to
prevent its discovery
3. By harboring, concealing or assisting in the escape of
the principal of the crime
2 CLASSES OF ACCESSORIES CONTEMPLATED
IN PAR. 3 OF ART. 19 (i.e., HARBORING, etc):
(a) Public officers who harbor, conceal or assist
in the escape of the principal of any crime (not light
felony) with abuse of his functions
()b Private persons who harbor, conceal or assist in
the escape of the author of the crime – guilty of
treason, parricide, murder, or an attempt against the
life of the President, or who is known to be
habitually guilty of some other crime
16
 Under paragraphs 1 and 2, the accomplice and the
accessory may be tried and convicted even before the
principal is found guilty. However, under paragraph 3
(harboring), the crime committed by and the identity
of the principal must be established in a trial. (Ppl vs
Barlam CA,59 O.G. 2474; Ppl vs Ramos CA,62 O.G.
6860; Ppl vs Gaw Lin CA,63 O.G. 3821)
ACCESSORY VS. PRINCIPAL AND
ACCOMPLICE
1. The accessory does not take part or cooperate in, or
induce, the commission of the crime;
2. The accessory does not cooperate in the commission
of the offense by acts prior thereto or simultaneous
therewith;
3. The participation of the accessory in all cases always
takes place after the commission of the crime.
ART. 20. ACCESSORIES WHO ARE EXEMPT FROM
CRIMINAL LIABILITY
SITUATIONS WHERE ACCESSORIES ARE NOT
CRIMINALLY LIABLE:
1. When the felony committed is a light felony; and
2. When the accessory is related to the principal as
spouse, or as an ascendant, or descendant or as a
brother or sister, whether legitimate, natural, or
adopted, or where the accessory is a relative by
affinity within the same degree, unless the accessory
himself profited from the effects or proceeds of the
crime or assisted the offender to profit thereon.
PD 1829: Penalizes the act of any person who knowingly
or willfully obstructs, impedes, frustrates or delays the
apprehension of suspects and the investigation and
prosecution of criminal cases. NOTE: The benefit of
the above mentioned exceptiounsa n in Article 20 of
the RPC does not apply to PD1829.
PENALTIES
DEFINITION:
Penalty - is the suffering that is inflicted by the State, for
the transgression of a law; in its general sense, it signifies
pain.
Different juridical conditions of penalty:
1. Productive of suffering, without however affecting the
integrity of the human personality
2. Commensurate with the offense – different crimes
must be punished with different penalties
3. Personal – no one should be punished for the crime of
another
4. Legal – it is the consequence of a judgment according
to law
5. Certain – no one may escape its effects
6. Equal for all
7. Correctional
 disturbance and alarm the crime, who
Theories justifying penalty: suffered damage
1. Self-defense – to protect society from the threat and 2. Repaired through the 2. Repaired through
wrong inflicted by the criminal imposition of the indemnity which is
2. Reformation – to correct and reform the offender corresponding penalty civil in nature
3. Exemplarity – to serve as an example to deter others 3. The offended party 3. The offended party
from committing crimes cannot pardon the may waive it and the
4. Justice – an act of retributive justice, a vindication of offender so as to state has no reason to
absolute right and moral law violated by the criminal relieve him of the insist on its payment
penalty
THREE-FOLD PURPOSE OF THE PENALTY
UNDER THE RPC: ART. 24. MEASURES OF PREVENTION OR
1. Retribution or expiation – the penalty is SAFETY WHICH ARE NOT CONSIDERED
commensurate with the gravity of the offense PENALTIES -
2. Correction or reformation- as shown by the rules THE FOLLOWING ARE NOT CONSIDERED
which regulate the execution of the penalties PENALTIES:
consisting in deprivation of liberty 1. The arrest and temporary detention of accused
3. Social defense – shown by its inflexible severity to persons, as well as their detention by reason of
recidivists and habitual delinquents insanity or imbecility or illness requiring their
confinement in a hospital;
ART. 22. RETROACTIVE EFFECT OF PENAL LAWS 2. The commitment of a minor to any of the institutions
GENERAL RULE: mentioned in Art. 80 (now Art. 192 PD603) for the
PROSPECTIVE APPLICATION purposes specified therein;
EXCEPTION: 3. Suspension from the employment or public office
WHEN FAVORABLE TO THE ACCUSED WHO IS NOT during the trial or in order to institute proceedings;
A HABITUAL CRIMINAL 4. Fines and other corrective measures which, in the
exercise of their administrative disciplinary powers,
AN EX POST FACTO LAW IS ANY ONE WHICH: superior officials may impose upon their subordinates;
(CODE: CAPE Civil Protection) and
1. Makes criminal an act done before the passage of the 5. Deprivation of rights and reparations which the civil
law, and which was innocent when done, and punishes laws may establish in penal form.
such an act;
2. Aggravates a crime, or makes it greater than it was, ART. 25. PENALTIES WHICH MAY BE IMPOSED
when committed;
3. Changes the punishment and inflicts a greater CLASSIFICATION OF PENALTIES:
punishment than the law annexed to the crime when 1. Principal penalties – those expressly imposed by the
committed; court in the judgment of conviction.
4. Alters the legal rules of evidence, and authorizes
conviction upon less or different testimony that the Principal Penalties According to Divisibility:
law required at the time of the commission of the a. Divisible
offense; b. Indivisible. These are:
5. Assuming to regulate civil rights and remedies only, in 1. Death;
effect imposes penalty or deprivation of a right for 2. Reclusion Perpetua;
something which when done was lawful; and 3. Perpetual absolute disqualification;
6. Deprives a person accused of a crime of some lawful 4. Public censure.
protection to which he has become entitled, such as
the protection of a former conviction or acquittal, or a 2. Accessory penalties – those that are deemed included
proclamation of amnesty in the imposition of the principal penalties
ART. 23. EFFECT OF PARDON BY THE OFFENDED
PARTY This article classifies penalties according to their
As a rule, a pardon by the offended party does gravity:
not extinguish criminal action, except as provided under 1. Capital
Art. 344 of RPC. 2. Afflictive
3. Correctional
Two classes of injuries caused by an offense: 4. Light
SOCIAL INJURY PERSONAL INJURY
1. Produced by the 1. Caused to the victim of This corresponds to the classification of felonies

17
according to their gravity under Art. 9: The following are included in costs:
1. Grave 1. Fees, and
2. Less grave 2. Indemnities, in the course of judicial proceedings
3. Light
ART. 38. PECUNIARY LIABILITIES – ORDER OF
ART. 29. PERIOD OF PREVENTIVE PAYMENT
IMPRISONMENT DEDUCTED FROM TERM OF In case the property of the offender should not be
IMPRISONMENT sufficient for the payment of all his pecuniary liabilities, the
same shall be met in the following:
OFFENDERS NOT ENTITLED TO THE FULL TIME 1. The reparation of the damage caused.
OR FOUR-FIFTHS OF THE TIME OF PREVENTIVE 2. Indemnification of the consequential damages.
IMPRISONMENT: 3. Fine.
1. Recidivists or those convicted previously twice or 4. Costs of proceedings.
more times of any crime.
2. Those who upon being summoned for the execution of ART. 39. SUBSIDIARY PENALTY
their sentence, failed to surrender voluntarily Subsidiary penalty - is a subsidiary personal liability to be
suffered by the convict who has no property with which to
ARTS. 30 – 35. EFFECTS OF PENALTIES meet the fine, at the rate of one day for each eight pesos,
subject to the rules provided in Art. 39.
ART. 36. PARDON; ITS EFFECTS
 There is no subsidiary penalty for non-payment of (a)
EFFECTS OF PARDON BY THE PRESIDENT the reparation of the damage caused, (b)
1. A pardon shall not restore the right to hold public indemnification of the consequential damages, and (c)
office or the right of suffrage. EXCEPT; when any or the cost of the proceedings.
both such rights is or are expressly restored by the
terms of the pardon;  Subsidiary penalty is not an accessory penalty, hence
2. It shall not exempt the culprit from the payment of the it must be specifically imposed by the court in its
civil indemnity. judgment.

LIMITATIONS UPON THE EXERCISE OF THE ART. 45. CONFISCATION AND FORFEITURE OF
PARDONING POWER THE PROCEEDS OR INSTRUMENTS OF THE
1. That the power can be exercised only after conviction; CRIME
2. That such power does not extend to cases of OUTLINE OF THE PROVISION OF THIS ARTICLE:
impeachment. 1. Every penalty imposed carries with it the forfeiture of
the proceeds of the crime and the instruments or tools
 A presidential pardon affects only the principal penalty used in the commission of the crime
and not the accessory penalties, unless the same are 2. The proceeds and instruments or tools of the crime are
expressly remitted in the pardon. confiscated and forfeited in favor of the Government
3. Property of a third person who is not liable for the
offense, is not subject to confiscation and forfeiture
Pardon by the Chief Pardon by the Offended 4. Property not subject of lawful commerce (whether it
Executive Party belongs to the accused or to a third person) shall be
1. Extinguishes the 1. Does NOT extinguish destroyed
criminal liability of the the criminal liability of
offender the offender
APPLICATION OF PENALTIES
2. Cannot include civil 2. Offended party can
liability which the waive the civil liability
ART. 46. PENALTY TO BE IMPOSED UPON
offender must pay which the offender must
PRINCIPALS IN GENERAL
pay
3. Granted only AFTER 3. Pardon should be given GRADUATION OF PENALTIES:
CONVICTION, and BEFORE THE 1. BY DEGREES– refers to (1) the stages of execution
may be extended to INSTITUTION of (consummated, frustrated, or attempted); and (2) the
any of the offenders criminal prosecution, degree of the criminal participation of the offender
and must extend to (whether as principal, accomplice, or accessory).
both/all offenders 2. BY PERIODS– refers to the proper period of the
penalty which should be imposed when aggravating
ART. 37. COSTS – WHAT ARE INCLUDED

18
 or mitigating circumstances attend the commission of Ex: falsification to conceal malversation
the crime
TWO KINDS OF COMPLEX CRIMES:
ART. 47. IN WHAT CASES THE DEATH PENALTY 1. COMPOUND CRIME (delito compuesto) — a
SHALL NOT BE single act constitutes two or more grave or less grave
IMPOSED felonies.
REQUISITES:
DEATH PENALTY IS NOT IMPOSED IN THE 1. That only a single act is performed by the
FOLLOWING CASES: offender;
1. UNDER AGE. When the offender is below 18 years of 2. That the single act produces: (1) two or
age at the time of the commission of the crime. more grave felonies, or (2) one or more
2. OVER AGE. When the guilty person is more than grave and one or more less grave felonies, or
seventy (70) years of age (3) two or more less grave felonies.
3. NO COURT MAJORITY. When upon appeal or
automatic review of the case by the Supreme Court, 2. COMPLEX CRIME PROPER (delito complejo) —
the vote of eight members is not obtained for the an offense is a necessary means for committing the
imposition of the death penalty. other.
REQUISITES:
 Automatic Review is available only in cases where 1. That at least two offenses are committed;
death penalty is imposed (RA 7659). 2. That one or some of the offenses must be
necessary to commit the other;
CRIMES PUNISHABLE BY DEATH UNDER RA 7659 3. That both or all of the offenses must be
CODE: punished under the same statute.
(MURDER CARNAPPING TRIPP QQD PARK)
1. Murder NO COMPLEX CRIME IN THE FOLLOWING
2. Carnapping CASES:
3. Treason 1. In case of a continued crime
4. Rape 2. When one offense is committed to conceal the other.
5. Infanticide 3. When the other crime is an indispensable part or an
6. Plunder element of the other offense.
7. Parricide 4. When the crimes are covered by the rules on
8. Qualified Piracy absorption
9. Qualified Bribery 5. When the crimes involved cannot be legally
10. Violation of Certain provisions of the Dangerous complexed such as when the penal provision specially
Drugs Act provides that the penalty for other felonies shall be “in
11. Piracy in general and Mutiny on the High Seas or in addition to” the penalty imposed by this article.
the Philippines Waters 6. Where one of the offenses is penalized by a special
12. Destructive Arson law
13. Robbery with Violence Against or Intimidation of
Persons CONTINUED CRIME– is a single crime, consisting of a
14. Kidnapping and Serious Illegal Detention series of acts, but all arising from ONE CRIMINAL
RESOLUTION; length of time in the commission is
ART. 48. COMPLEX CRIMES immaterial.

Plurality of Crimes - consists in the successive execution, Real or Material Plurality
by the same individual, of different criminal acts, upon any
of which no conviction has yet been declared 1. There is a series of acts 1.
performed by the
TWO TYPES OF PLURALITY OF CRIMES: offender
1. Formal or Ideal – involves the same criminal intent 2. Each act performed by 2.
resulting in two or more crimes but for which there is the offender constitutes
only one criminal liability. a separate crime, each
Ex: complex crimes under Art. 48 act is generated by a
criminal impulse
2. Material or real – refers to different criminal intents
resulting in two or more crimes for each of which, the
accused incurs criminal liability.
Continued Crime
There is a series of acts
performed by the
offender
The different acts
constitute only one
crime, all of the acts
performed arise from
one criminal resolution

19
 COMPLEX CRIME SSPECIAL COMPLEX generally implied in habitual delinquency, but also of
CRIME imposing an additional penalty
1. The combination is 1. The combination of the
generalized, that is, offenses are fixed by REQUISITES OF HABITUAL DELINQUENCY:
grave and/or less law, e.g., robbery with CODE:(Convicted-CommittedConvicted-
grave; one offense is rape CommittedConvicted)
necessary to commit 1. that the offender had been convicted of any of the
the other crimes of serious or less serious physical injuries,
2. The penalty for the 2. The penalty for the robbery, theft, estafa or falsification (CODE:
crime is not specific specified combination FRETSL)
but for the most of crimes is also 2. that after conviction or after serving his sentence, he
serious offense in the specific. again committed, and, within 10 years from his release
maximum period. or first conviction, he was again convicted of any of
the said crimes for the second time
ART. 59. PENALTY TO BE IMPOSED IN CASE OF 3. that after his conviction of, or after serving sentence
FAILURE TO COMMIT THE CRIME BECAUSE for the second offense, he again committed, and,
THE MEANS EMPLOYED OR THE AIMS SOUGHT within 10 years from his last release or last conviction,
ARE IMPOSSIBLE he was again convicted of any of said offenses, the
BASIS FOR THE IMPOSITION OF PROPER PENALTY: third time or oftener.
1. Social danger; and
2. Degree of criminality shown by the offender Habitual Recidivism
Delinquency
As to the 1. The crimes are 1. It is sufficient that
ART. 61. RULES OF GRADUATING PENALTIES CRIMES specified the accused on the
Art. 61 furnishes the graduation of penalties by committed date of his trial,
degrees, while Art. 64 govern the graduation of penalties by shall have been
periods. previously
convicted by final
DIAGRAM OF THE APPLICATION OF judgment of
another crime
ARTS. 50 TO 57: embraced in the
CONSUM FRUSTR ATTEMPTE same title
MATED ATED D As to the 2. The offender is 2. No period of time
Prin 0 1 2 PERIOD of found guilty between the
Accom 1 2 3 time the within ten years former conviction
Access 2 3 4 crimes are from his last and the last
committed release or last conviction
In this diagram, “O” represents the penalty conviction
prescribed by law in defining a crime, which is to be As to the 3. The accused 3. The second and
imposed on the principal in a consummated offense, in NUMBER must be found the first offense is
accordance with the provisions of Art. 64. The other of crimes guilty the third found in the same
figures represent the degrees to which the penalty must be committed time or oftener of title
lowered, to meet the different situations anticipated by law. the crimes
specified
ART. 62. EFFECTS OF THE ATTENDANCE OF As to their 4. An additional 4. If not offset by a
MITIGATING OR AGGRAVATING EFFECTS penalty is also mitigating
CIRCUMSTANCES AND OF HABITUAL imposed circumstance,
DELINQUENCY serves to increase
the penalty only to
EFFECTS: the maximum
1. Aggravating circumstances (generic and specific) have
the effect of increasing the penalty, without however ART. 63. RULES FOR THE APPLICATION OF
exceeding the maximum period provided by law INDIVISIBLE PENALTIES
2. Mitigating circumstances have the effect of OUTLINE OF THE RULES:
diminishing the penalty 1. When the penalty is single indivisible, it shall be applied
3. Habitual delinquency has the effect, not only of regardless of any mitigating or aggravating circumstances.
increasing the penalty because of recidivism which is 2. When the penalty is composed of two indivisible

20
 penalties, the following rules shall be observed:
(a) When there is only one aggravating
circumstance, the greater penalty shall be
imposed.
(b) When there is neither mitigating nor aggravating
circumstances, the lesser penalty shall be
imposed.
(c) When there is a mitigating circumstance and no
aggravating circumstance, the lesser penalty shall
be imposed.
(d) When both mitigating and aggravating
circumstances are present, the court shall allow
them to offset one another.
ART. 64. RULES FOR THE APPLICATION OF
PENALTIES, WHICH CONTAIN THREE PERIODS
OUTLINE OF THE RULES:
1. No aggravating, no mitigating- medium period.
2. Only a mitigating circumstance- minimum period.
3. Only an aggravating- maximum period.
CASES IN WHICH MITIGATING AND
AGGRAVATING CIRCUMSTANCES ARE NOT
CONSIDERED IN THE IMPOSITION OF PENALTY:
1. When the penalty is single and indivisible (except if
privileged mitigating)
2. In felonies through negligence
3. The penalty to be imposed upon a Moro or other non-
Christian inhabitants
4. When the penalty is only a fine imposed by an
ordinance
5. When the penalties are prescribed by special laws
ART. 66. IMPOSITION OF FINES
OUTLINE OF THE PROVISION:
1. The court can fix any amount of the fine within the
limits established by law.
2. The court must consider: (1) the mitigating and
aggravating circumstances; and (2) more particularly,
the wealth or means of the culprit.
3. The court may also consider: (1) the gravity of the
crime committed; (2) the heinousness of its
perpetration; and (3) the magnitude of its effects on
the offender’s victims.
ART. 68. PENALTY TO BE IMPOSED UPON A
PERSON UNDER EIGHTEEN YEARS OF AGE
APPLICATION OF ART. 68:
This article is not immediately applicable to a minor under
18 years of age, because such minor, if found guilty of
the offense charged, is not sentenced to any penalty.
The sentence is suspended and he is ordered
committed to the reformatory institution, IF, his
application therefor is approved by the court.
This article applies to such minor if his application for
suspension of sentence is DISAPPROVED OR if while
in the reformatory institution he becomes
21
INCORRIGIBLE, in which case he shall be returned to
the court for the imposition of the proper penalty.
ART. 70. SUCCESSIVE SERVICE OF SENTENCE
THE THREE-FOLD RULE
1. THE MAXIMUM DURATION OF THE
CONVICT’S SENTENCE shall not be more than
three times the length of time corresponding to the
most severe of the penalties imposed upon him.
2. But in no case to exceed 40 years.
3. This rule shall apply only when the convict is to serve
4 or more sentences successively.
4. Subsidiary penalty forms part of the penalty.
DIFFERENT SYSTEMS OF PENALTY, RELATIVE
TO THE EXECUTION OF TWO OR MORE
PENALTIES IMPOSED ON ONE AND THE SAME
ACCUSED
1. material accumulation system
No limitation whatever, and accordingly, all the
penalties for all the violations were imposed even if they
reached beyond the natural span of human life.
2. juridical accumulation system
Limited to not more than three-fold the length of
time corresponding to the most severe and in no case to
exceed 40 years. This is followed in our jurisdiction.
3. absorption system
The lesser penalties are absorbed by the graver
penalties.
ART. 72. PREFERENCE IN THE PAYMENT OF
CIVIL LIABILITIES
Civil liability is satisfied, by following the chronological
order of the dates of the final judgments.
ART. 77. WHEN THE PENALTY IS A COMPLEX
ONE COMPOSED OF THREE DISTINCT
PENALTIES
DEFINITION:
A complex penalty is a penalty prescribed by law
composed of three distinct penalties, each forming a period:
the lightest of them shall be the minimum, the next the
medium, and the most severe the maximum period.
INDETERMINATE SENTENCE LAW
Act No. 4103 as amended by Act No. 4225
INDETERMINATE SENTENCE– is a sentence with a
minimum term and a maximum term which, the court is
mandated to impose for the benefit of a guilty person who
is not disqualified therefor, when the maximum
imprisonment exceeds one (1) year. It applies to both
violations of Revised Penal Code and special penal laws.
I. IF THE PENALTY IS IMPOSED BY THE RPC:
a. The Maximum Term— is that which could be
properly imposed under the RPC, considering the
aggravating and mitigating circumstances,
 b. The Minimum Term— is within the range of the
penalty one degree lower than that prescribed by the
RPC, without considering the circumstances,
 BUT when there is a privileged mitigating
circumstance, so that the penalty has to be lowered by
one degree, the STARTING POINT for determining
the minimum term of the indeterminate penalty is the
penalty next lower than that prescribed by the Code
for the offense.
II. IF THE PENALTY IS IMPOSED BY A SPECIAL
PENAL LAW
 SIMPLY for special laws, it is anything within the
inclusive range of the prescribed penalty. Courts are
given discretion and the circumstances are not
considered.
B. WHEN BENEFIT OF THE ISLAW IS NOT
APPLICABLE
The Indeterminate Sentence Law shall not apply to the
following persons:
1. sentenced to death penalty or life imprisonment
2. treason, or conspiracy or proposal to commit treason
3. misprision of treason, rebellion, sedition or espionage
4. piracy
5. habitual delinquents
6. escaped from confinement, or evaded sentence
7. granted with conditional pardon by the President, but
violated the terms thereof
8. maximum term of imprisonment do not exceeding 1
year
9. sentenced to the penalty of destierro or suspension
only
C. RELEASE OF THE PRISONER ON PAROLE
The Board of Pardons and Parole may authorize the release
of a prisoner on parole, after he shall have served the
minimum penalty imposed on him, provided that:
a. Such prisoner is fitted by his training for release,
.b There is reasonable probability that he will live and
remain at liberty without violating the law,
.c Such release will not be incompatible with the welfare
of society.
D. ENTITLEMENT TO FINAL RELEASE AND
DISCHARGE
If during the period of surveillance such paroled prisoner
shall: (a) show himself to be a law-abiding citizen and, (b)
shall not violate any law, the Board may issue a final
certification of release in his favor, for his final release and
discharge.
E. SANCTION FOR VIOLATION OF CONDITIONS
OF THE PAROLE
22
When the paroled prisoner shall violate any of the
conditions of his parole: (a) the Board may issue an order
for his arrest, and thereafter, (b) the prisoner shall serve the
remaining unexpired portion of the maximum sentence for
which he was originally committed to prison.
F. REASONS FOR FIXING THE MAXIMUM AND
MINIMUM TERMS IN THE INDETERMINATE
SENTENCE
The minimum and the maximum terms in the IS must be
fixed, because they are the basis for the following:
1. Whenever a prisoner has: (a) served the MINIMUM
penalty imposed on him, and (b) is fit for release as
determined by the Board of Indeterminate Sentence,
such Board may authorize the release of the prisoner on
parole, upon terms and conditions prescribed by the
Board.
2. But when the paroled prisoner violates any of the
conditions of his parole during the period of
surveillance, he may be rearrested to serve the
remaining unexpired portion of the MAXIMUM
sentence.
3. Even if a prisoner has already served the MINIMUM,
but he is not fitted for release on parole, he shall
continue to serve until the end of the MAXIMUM term.
THE CHILD AND YOUTH WELFARE CODE
1. The purpose of Arts. 189 and 192 of the Child and
Youth Welfare Code is to avoid a situation where
JUVENILE OFFENDERS would commingle with
ordinary criminals in prison.
2. If the court finds that the youthful offender committed
the crime charged against him, it shall DETERMINE
the imposable penalty and the civil liability chargeable
against him.
3. The court may not pronounce judgment of conviction
and SUSPEND all further proceedings if, upon
application of the youthful offender, it finds that the
best interest of the public and that of the offender will
be served thereby.
4. The benefits of Article 192 of PD 603, as amended,
providing for suspension of sentence, shall NOT
APPLY TO (1) a youthful offender who once enjoyed
suspension of sentence under its provisions, or (2) one
who is convicted of an offense punishable by death or
life imprisonment.
5. The youthful offender shall be RETURNED to the
committing court for the pronouncement of judgment,
when the youthful offender (1) has been found
incorrigible; or (2) has willfully failed to comply with
the conditions of his rehabilitation programs; or (3)
when his continued stay in the training institution
would be inadvisable.
6. When the youthful offender has reached the age of
TWENTY-ONE while in commitment, the court shall
determine whether –
To DISMISS the case, if the youthful offender has
 behaved properly and has shown his capability to
be a useful member of the community; or
To PRONOUNCE the judgment of conviction, if the
conditions mentioned are not met.
7. In the latter case, the convicted offender may apply for
PROBATION. In any case, the youthful offender shall
be credited in the service of his sentence with the full
time spent in actual commitment and detention.
8. The final release of a youthful offender based on good
conduct as provided in Art. 196 shall not obliterate his
CIVIL LIABILITY for damages
9. A minor who is ALREADY AN ADULT at the time of
his conviction is not entitled to a suspension of
sentence
PROBATION LAW OF 1976:
PD 968, AS AMENDED
A. CONCEPT
PROBATION is a disposition under which a defendant
after conviction and sentence is released subject to
conditions imposed by the court and to the supervision of
a probation officer.
B. APPLICATION
This shall apply to all offenders except those entitled to
benefits under PD 603 and similar laws.
C. RULES ON GRANT OF PROBATION
1. After having convicted and sentenced a defendant, the
trial court MAY SUSPEND the execution of the
sentence, and place the defendant on probation, upon
APPLICATION by the defendant within the period for
perfecting an appeal.
2. Probation may be granted whether the sentence
imposes a term of imprisonment or a fine only.
3. NO application for probation shall be entertained or
granted if the defendant has PERFECTED AN
APPEAL from the judgment of conviction.
4. Filing of application for probation operates as a
WAIVER OF THE RIGHT TO APPEAL.
5. The application shall be filed with the trial court, and
the order granting or denying probation shall NOT BE
APPEALABLE.
6. Accessory penalties are deemed suspended once
probation is granted.
D. POST-SENTENCE INVESTIGATION
The convict is not immediately placed on probation.
There shall be a prior investigation by the probation
officer and a determination by the court.
E. CRITERIA FOR PLACING AN OFFENDER ON
PROBATION
The Court shall consider:
23
1. All information relative to the character, antecedents,
environment, mental, and physical condition of the
offender.
2. Available institutional and community resources.
F. PROBATION SHALL BE DENIED IF THE
COURT FINDS THAT:
CODE: (CoRD)
1. Offender is in need of correctional treatment
2. There is undue risk of committing another crime
3. Probation will depreciate the seriousness of the offense
committed
G. DISQUALIFIED OFFENDERS:
THE BENEFITS OF THIS DECREE SHALL NOT BE
EXTENDED TO THOSE:
1. Sentenced to serve a maximum of imprisonment of more
than 6 years.
2. Convicted of subversion or any crime against the
national security or the public order.
3. Previously convicted by final judgment of an offense
punished by imprisonment of not less than 1 month and 1
day and/or a fine not more than P200.
4. Once placed on probation.
H. CONDITIONS OF PROBATION
2 KINDS OF CONDITIONS IMPOSED:
.1 Mandatory or general - once violated, the probation is
cancelled. They are:
a. Probationer Presents himself to the probation
officer designated to undertake his supervision, at
such place as may be specified in the order, within
72 hours from receipt of order;
b. He Reports to the probation officer at least once a
month
2. Discretionary or special – additional conditions listed,
which the courts may additionally impose on the
probationer towards his correction and rehabilitation
outside prison. HOWEVER, the enumeration is not
inclusive. Probation statutes are liberal in character
and enable the courts to designate practically ANY
term it chooses, as long as the probationer’s
Constitutional rights are not jeopardized. Also, they
must not be unduly restrictive of probationer, and not
incompatible with the freedom of conscience of
probationer.
I. PERIOD OF PROBATION
FOR HOW LONG MAY A CONVICT BE PLACED ON
PROBATION?
.1 If the convict is sentenced to a term of imprisonment
of NOT more than one year, the period of probation
shall not exceed two years.
2. In all other cases, if he is sentenced to more than one
year, said period shall not exceed six years.
3. When the sentence imposes a fine only and the
offender is made to serve subsidiary imprisonment, the
 period of probation shall be twice the total number of 1. By the DEATH of the convict as to personal penalties;
days of subsidiary imprisonment. BUT as to pecuniary penalties, liability is extinguished
only when the death of the offender occurs before final
J. ARREST OF PROBATIONER judgment;
AND SUBSEQUENT DISPOSITIONS. 2. By SERVICE OF SENTENCE;
1. At any time during probation, the court may issue a 3. By AMNESTY, which completely extinguishes the
warrant for the ARREST of a probationer for any penalty and all its effects. Amnesty – is an act of the
serious violation of the conditions of probation. sovereign power granting oblivion or a general pardon
2. If violation is established, the court may (a) REVOKE for a past offense, and is rarely if ever exercised in
his probation, or (b) continue his probation and favor of a single individual, and is usually exerted in
MODIFY the conditions thereof. This order is not behalf of certain classes of persons who are subject to
appealable. trial but have not yet been convicted.
3. If revoked, the probationer shall SERVE the sentence 4. By ABSOLUTE PARDON; Pardon – is an act of grace,
originally imposed. proceeding from the power entrusted with the
execution of the laws, which exempts the individual
K. TERMINATION OF PROBATION on whom it is bestowed from the punishment the law
The Court may order the final discharge of the inflicts for the crime he has committed.
probationer upon finding that, he has fulfilled the
terms and conditions of his probation. PARDON AMNESTY
L. EFFECTS OF TERMINATION OF PROBATION To whom 1. Includes any crime 1. A blanket pardon
1. Case is deemed terminated. granted and is exercised to classes of persons or
2. Restoration of all civil rights lost or suspended. individually by the communities who may
3. Fully discharges liability for any fine imposed. President be guilty of political
offenses
 Note that the probation is NOT coterminous with its When 2. Exercised when 2. May be exercised
period. There must first be an order issued by the exer- the person is already even before trial or
court discharging the probationer. cised convicted investigation is had
Effects 3. Merely looks 3. Looks
ART. 83. SUSPENSION OF THE EXECUTION OF FORWARD and BACKWARD and
THE DEATH SENTENCE relieves the offender abolishes and puts into
Death sentence shall be suspended when the accused is a: from the consequences oblivion the offense
1. Woman, while pregnant; of an offense of which itself; it so overlooks
2. Woman, within one (1) year after delivery; he has been convicted; and obliterates the
3. Person over seventy (70) years of age; it does not work for the offense with which he is
4. Convict who becomes insane, after final sentence of restoration of the rights charged that the person
death has been pronounced. to hold public office, or released by amnesty
the right of suffrage, stands before the law
ART. 87. DESTIERRO unless such rights be precisely as though he
ONLY IN THE FOLLOWING CASES IS DESTIERRO expressly restored by had committed no
IMPOSED: means of pardon offense
CODE: (E-BCP) 4. Does not alter the 4. Makes an ex-
1. Death or serious physical injuries is caused or are fact that the accused is a convict no longer a
inflicted, under exceptional circumstances (Art. 247); recidivist as it produces recidivist, because it
2. Failure to give bond for good behavior in grave and only the extinction of obliterates the last
light threats (Art. 284); the personal effects of vestige of the crime
3. Penalty for the concubine in concubinage (Art. 334); the penalty
4. When, after reducing the penalty by one or more 5. Does not 5. Does not
degrees, destierro is the proper penalty extinguish the civil extinguish the civil
liability of the offender liability of the offender
 Although destierro does not constitute imprisonment,
As a 6. Being a PRIVATE 6. Being by
it is nonetheless a deprivation of liberty. Art. 29 is
matter of ACT by the President, Proclamation of the
applicable in destierro.
evidence must be pleaded and Chief Executive with
proved by the person the concurrence of
ART. 89. HOW CRIMINAL LIABILITY IS TOTALLY
pardoned Congress, is a PUBLIC
EXTINGUISHED
CRIMINAL LIABILITY IS TOTALLY ACT of which the
EXTINGUISHED: CODE(D SAAPP M) courts should take

24
 notice 2. For violation of the 2. For violation of the
conditional pardon, the terms of the parole, the
5. By PRESCRIPTION OF THE CRIME; Prescription convict may be convict CANNOT BE
of the Crime – is the forfeiture or loss of the right of ordered re-arrested or PROSECUTED
the State to prosecute the offender, after the lapse of a re-incarcerated by the UNDER ART. 159 of
certain time. Chief Executive, or the RPC, he can be re-
PENALTIES AND THEIR PRESCRIPTIVE may be arrested and re-
PROSECUTED under incarcerated to serve
PERIODS the unserved portion of
Art. 159 of the Code
PENALTIES AND PRESCRIPTIVE his original penalty
OFFENSES PERIOD
Death, Reclusion Perpetua, 20 years 5. by PROBATION. Please see Probation Law.
Reclusion Temporal
Afflictive Penalties 15 years ART. 91. COMPUTATION OF
Correctional penalties 10 years PRESCRIPTION OF OFFENSES
Arresto Mayor 5 years SUMMARY OR RULES:
Libel or other similar 1 year 1. The period of prescription shall commence to run from
offenses the day on which the crime was discovered by the
Oral Defamation and 6 months offended party, the authorities, or their agents.
Slander by Deed 2. It shall be interrupted by the filing of the complaint or
Light Offenses 2 months information.
3. It shall commence to run again when such proceedings
6. By PRESCRIPTION OF THE PENALTY; terminate without the accused being convicted or
Prescription of the Penalty – is the loss or forfeiture of acquitted, or are stopped for any reason not imputable
the right of the Government to execute the final to him.
sentence, after the lapse of a certain time 4. The term or prescription will not run when the
Conditions necessary: offender is absent from the Philippines.
a. That there be final judgment;
b. That the period of time prescribed by law for its ART. 100. CIVIL LIABILITY OF A PERSON GUILTY
enforcement has elapsed OF FELONY
 Usually caused by Evasion of Service of sentence A CRIME HAS A DUAL CHARACTER:
1. As an offense against the State, because of the
7. By THE MARRIAGE OF THE OFFENDED disturbance of the social order; and
WOMAN with the offender in the crimes of rape, 2. As an offense against the private person injured by the
abduction, seduction, and acts of lasciviousness. In crime, UNLESS it involves the crime of treason,
the crimes of rape, seduction, abduction, or acts of rebellion, espionage, contempt, and others wherein no
lasciviousness, the marriage, as provided under Art. civil liability arises on the part of the offender, either
344, must be contracted by the offender in good faith. because there are no damages to be compensated or
there is no private person injured by the crime
CRIMINAL LIABILITY IS PARTIALLY
EXTINGUISHED: ART. 102 SUBSIDIARY LIABILITY OF INN
1. By CONDITIONAL PARDON; KEEPERS, TAVERNKEEPERS AND PROPRIETORS
2. By COMMUTATION OF THE SENTENCE; OF ESTABLISHMENTS
3. For GOOD CONDUCT ALLOWANCES which the ELEMENTS under par. 1:
culprit may earn while he is serving sentence; 1. That the innkeeper, tavernkeeper or proprietor of
4. By PAROLE; establishment or his employee committed a violation
of municipal ordinance or some general or special
Conditional Parole police regulation;
Pardon 2. That a crime is committed in such inn, tavern or
1. May be given at any 1. May be given after the establishment;
time after final prisoner has served the 3. That the person criminally liable is insolvent.
judgment; is granted minimum penalty; is
by the Chief Executive granted by the Board ELEMENTS under par. 2:
under the provisions of of Pardons and Parole 1. The guests notified in advance the innkeeper or the
the Administrative under the provision of person representing him of the deposit of goods within
Code the Indeterminate the inn or house;
Sentence Law 2. The guests followed the directions of the innkeeper or

25
 his representative with respect to the care and
vigilance over the goods;
3. Such goods of the guests lodging therein were taken
by robbery with force upon things or theft committed
within the inn or house.

Art. 93. PRESCRIPTION OF PENALTIES

RULES:
1. The period shall begin to run from the date when the
culprit should evade the service of his sentence.
2. It shall be interrupted if the defendant should:
a) Give himself up,
b) Be captured,
c) Go to a foreign country with which the
Philippines has no extradition treaty, or
d) Commit another crime before the expiration of
the period of prescription.

ART. 104. WHAT IS INCLUDED IN CIVIL

LIABILITY
THREE CATEGORIES:
1. Restitution
2. Reparation of damage caused
3. And indemnification for consequential damages

ART 110. SEVERAL AND SUBSIDIARY LIABILITY

OF PRINCIPALS, ACCOMPLICES AND
ACCESSORIES

1. Each within their respective class is liable in solidum

among themselves for their quotas and subsidiarily for
those of the other persons liable.
2. Subsidiary liability is enforced: (a) first, against the
property of the principals; (b) second, against that of
the accomplices; and (c) third, against that of the
accessories.
BOOK TWO
3. The person who made the payment when liability is in
solidum or subsidiary liability has been enforced, will
CRIMES AGAINST NATIONAL SECURITY AND
have a right of action against the others for the amount
THE LAW OF NATIONS
of their respective shares.
 ART. 114-TREASON
-End of Book One-
ELEMENTS:
1. That the offender owes allegiance to the Government
of the Philippines
2. That there is a war in which the Phil. is involved
3. That the offender either (modes of committing)
a.) levies war against the government; or
b.) adheres to the enemies, giving them full support

Ways of being committed

1. Levying war
 That there be an actual assembling of men for the
purpose of executing a treasonable design by
force
2. Adherence to the enemy rendering him aid and
comfort

26

“AID/COMFORT” means an act which strengthens or
tends to strengthen the enemy in the conduct of war against
the traitor’s country or any act which weakens or tends to
weaken the power of the traitor’s country to resist or to
attack the enemy
Ways of proving Treason:
1. Two-witness rule
2. Confession of guilt in open court
 Treason absorbs crimes committed in furtherance
thereof.
 Treason committed in a foreign country may be
prosecuted in the Philippines. (Art.2, RPC)
 Treason by alien must be committed in the Phils. (EO
44).
 Treason is a CONTINUOUS OFFENSE .
 ART. 115- CONSPIRACY & PROPOSAL TO
COMMIT TREASON
Committed when in time of war, two or more persons
come to an agreement and decide to commit it, or when one
person proposes to another: (1) to levy war against the
Government, or (2) to adhere to the enemies and to give
them aid and comfort.
 As a general rule, conspiracy and proposal to commit
a felony is not punishable (ART.8).
 Two-witness rule does not apply because this is a
separate and distinct offense.
 ART. 116- MISPRISION OF TREASON
ELEMENTS:
1. That the offender is a citizen of the Philippines
2. That he has knowledge of any conspiracy against the
Government
3. That the conspiracy is one to commit treason
4. That he conceals or does not disclose and make known
the same as soon as possible to the proper authority.
. involved
 Art. 116 does not apply when treason is already
committed and the accused does not report its
commission.
 Offender is not punished as an accessory to treason but
as a principal in misprision.
 ART. 117- ESPIONAGE
TWO WAYS OF COMMITTING:
1) By entering, without authority, a warship, fort, or
military or naval establishment or reservation to obtain any
information, plan or other data of confidential nature
27
relative to the defense of the Phil.
2) By disclosing to the representative of a foreign nation
the contents of the articles, data, or information referred to
in the preceding paragraph, which he had in his possession
by reason of the public office he holds.
 COMMONWEALTH ACT 616 – AN ACT TO
PUNISH ESPIONAGE AND OTHER OFFENSES
AGAINST THE NATIONAL SECURITY
Acts Penalized
1. Unlawfully obtaining or permitting to be obtained
information affecting national defense
2. Unlawfully disclosing information affecting national
defense
3. Disloyal acts or words in time of peace
4. Disloyal acts or words in time war
5. Conspiracy to commit the preceding acts
6. Harboring or concealing violators of the Act.
 Espionage may be committed both in time of peace
and war.
 ART. 118- INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
ELEMENTS:
1. That the offender performs unlawful or unauthorized
acts; and
2. That such acts provoke or give occasion for (a) a war
involving or liable to involve the Phils. or (b) expose
Filipino citizens to reprisals on their persons &
property.
 ART. 119- VIOLATION OF NEUTRALITY
ELEMENTS:
1. That there is a war in which the Phils. is not involved,
2. That there is a regulation issued by a competent
authority for the purpose of enforcing neutrality, and
3. That the offender violates such regulation.
 ART. 120- CORRESPONDENCE WITH HOSTILE
COUNTRY
ELEMENTS:
1. That it is made in time of war where the Phils. is
2. That the offender makes correspondence with the: (a)
enemy country or (b) territory occupied by the enemy
troops
3. That the correspondence is either:
a) prohibited by the Government, or
b) carried on in ciphers or conventional signs
containing data which might be useful to the
enemy.
 ART. 121- FLIGHT TO ENEMY’S COUNTRY
ELEMENTS:
1. That there is a war in which the Phil. is involved
2. That the offender owes allegiance to the Government
3. That the offender attempts to flee or go to enemy
country
4. That going to enemy country is prohibited by the
competent authority
 ART. 122- PIRACY IN GENERAL & MUTINY ON
THE HIGH SEAS
ELEMENTS OF PIRACY:
1. That a vessel is on high seas,
2. That the offenders are not members of its complement
or passengers of the vessel
3. That the offenders a) attack or seize the vessel or b)
seize the whole or part of the cargo of said vessel, its
equipment or personal belongings of its compliment or
passengers
HIGH SEAS – any waters on the seacoast which are
without the boundaries of low-water mark, although such
waters may be in the jurisdictional limits of a foreign
Government.
VESSEL – any vessel or watercraft used for (a) transport
of passengers and cargo or (b) for fishing.
 Pursuant to Art 122 as amended by PD 532: Piracy
and Mutiny may be committed in Philippine waters
 PD 532 (ANTI-PIRACY AND ANTI-HIGHWAY
ROBBERY LAW OF 1974) punishes the act of
AIDING OR ABETTING PIRACY.
REQUISITES:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by such pirates, or
in any manner derives any benefit therefrom;
3. Directly or indirectly abets the commission of piracy.
NOTE: Under PD 532, piracy may be committed even by a
passenger or member of the complement of the vessel
 MUTINY ON THE HIGH SEAS – the unlawful
resistance to a superior, or the raising of commotions
and disturbances on board a ship against the authority
of its commander.
 ART. 123- QUALIFIED PIRACY
ELEMENTS:
1. Whenever the offenders have seized the vessel by
boarding or firing upon the same
2. Whenever the pirates have abandoned their victims
without means of saving themselves
3. Whenever the crime is accompanied by murder,
homicide, physical injuries, or rape
 “CRIMES” referred to in the article pertain to piracy
and mutiny on the high seas
28
 REPUBLIC ACT 6235 – AIRCRAFT PIRACY/
HIJACKING
ACTS PUNISHED:
1. usurping or seizing control of an aircraft of Philippine
registry while it is in flight; compelling the pilots
thereof to change its course or destination
2. usurping or seizing control of an aircraft of foreign
registry, while within Philippine territory, compelling
the pilots thereof to land in any part of Philippine
territory
3. carrying or loading on board an aircraft operating as a
public utility passenger aircraft in the Philippines
flammable, corrosive, explosive or poisonous
substances; and
4. loading, shipping, or transporting on board a cargo
aircraft operating as a public utility in the Philippines,
flammable, corrosive, or poisonous substance if not
done in accordance with the rules and regulations of
the Air Transportation Office.
 Aircraft is “IN FLIGHT” from the moment all
exterior doors are closed following embarkation until
the same doors are again opened for disembarkation.
CRIMES AGAINST THE FUNDAMENTAL LAW OF
THE STATE
 All offenses in this Title are required to be committed
by public officers except except Offending the
religious feelings
 ART. 124- ARBITRARY DETENTION
ELEMENTS:
1. That the offender is a public officer or employee
2. That he detains a person
3. That the detention is without legal grounds
LEGAL GROUNDS FOR THE DETENTION OF
PERSONS:
1) The commission of the crime
2) Violent insanity or other ailment requiring compulsory
confinement of the patient in a hospital
 ART. 125- DELAY IN THE DELIVERY OF
DETAINED PERSONS TO THE PROPER JUDICIAL
AUTHORITIES
ELEMENTS:
1. That the offender is a public officer or employee
2. That he has detained a person for some legal ground
( Sec. 5, Rule 113, Rules of Court)
3. That he fails to deliver such person to
the proper judicial authorities within:
 12 hrs. for light penalties or their equivalent.
 18 hrs. for correctional penalties or their equivalent
 36 hrs. for afflictive penalties or their equivalent
 If the offender is a private individual – the crime is
ILLEGAL DETENTION under Art. 267
 The detention is legal from the beginning but
becomes illegal after the lapse of the prescribed
periods and no delivery is made to the proper judicial
authoritites.
 Art. 125 is not applicable when the arrest is by virtue
of a warrant of arrest in which case he can be detained
indefinitely.
 Person arrested may request for a preliminary
investigation but must sign a waiver of Art. 125.
 “Shall fail to deliver to proper authorities” – means
filing of an information against the person arrested
with the corresponding court or judge
 ART. 126- DELAYING RELEASE
ELEMENTS:
1. That the offender is a public officer or employee
2. That there is a judicial or executive order for the
release of a prisoner or detention prisoner, or that there
is a proceeding upon a petition for the liberation of
such person
3. That the offender without good reason delays (a) the
service of the notice of such order to the prisoner, (b)
the performance of such judicial or executive order
for the release of the prisoner or (c) the proceedings
upon a petition for the release of such person.
 ART. 127- EXPULSION
ELEMENTS:
1. That the offender is a public officer or employee
2. That he expels any person from the Phil., or compels a
person to change his residence
3. That the offender is not authorized to do so by law
 Only the President of the Phils. is authorized to deport
aliens under the Revised Administrative Code.
 Only the court by a final judgement can order a
person to change residence
VIOLATION OF DOMICILE (ARTS. 128-130)
 ART. 128-VIOLATION OF DOMICILE
PUNISHABLE ACTS: (CODE – SER)
1) Entering any dwelling against the will of the owner
2) Searching papers or other effects found therein
without the previous consent of such owner
3) Refusing to leave the premises, after having
surreptitiously entered said dwelling and after having
been required to leave the same (offense is the refusal to
leave and not the entrance without consent)
29
COMMON ELEMENTS:
1. That the offender is public officer / employee
2. That he is not authorized by judicial order to enter the
dwelling and/ or to make a search for papers and for
other effects
QUALIFYING CIRCUMSTANCES:
1) If committed at nighttime
2) If any papers or effects, not constituting evidence of a
crime are not returned immediately after a search is made
by the offender.
 ART. 129- SEARCH WARRANTS MALICIOUSLY
OBTAINED AND ABUSE IN THE SERVICE OF
THOSE LEGALLY OBTAINED
PUNISHABLE ACTS:
1. Procuring a search warrant without just cause
2. Exceeding his authority or by using unnecessary
severity in executing a search warrant legally procured
 If search warrant is secured through false affidavit, the
crime punished by this article cannot be complexed
but will be a separate crime from perjury since the
penalty herein provided shall be “in addition to” the
penalty of perjury.
 ART. 130- SEARCHING DOMICILE WITHOUT
WITNESSES
ELEMENTS:
1. That the offender is a public officer/ employee
2. That he searches the domicile, papers or other
belongings of any person
3. That he is armed with a warrant
4. That the owner or any member is his family, or two
witnesses residing in the same locality are not present
 ART.131-PROHIBITION, INTERRUPTION, &
DISSOLUTION OF PEACEFUL MEETINGS
PUNISHABLE ACTS:
1. Prohibiting or interrupting, without legal ground the
holding of a peaceful meeting, or by dissolving the same
2. Hindering any person from joining any lawful
association or from attending any of its meetings
3. Prohibiting or hindering any person from addressing,
either alone or together with others, any petition to the
authorities for the correction of abuses or redress of
grievances
COMMON ELEMENTS:
1) That the offender is a public officer
2) That he performs any of the acts mentioned above
 there is no legal ground to prohibit when the danger is
not imminent and the evil to be prevented is not a
serious one
 offender must be a stranger, and not a participant
CRIMES AGAINST RELIGIOUS WORSHIP (ARTS.
132 & 133)
 ART. 132- INTERRUPTION OF RELIGIOUS
WORSHIP
ELEMENTS:
1. That the offender is a public officer/employee,
2. That religious ceremonies or manifestations of any
religion are about to take place or are going on, and
3. That the offender prevents/disturbs the same.
 Qualified by violence or threats
 If the prohibition or disturbance is committed only in
a meeting or rally of a sect, it would be punishable
under Art.131.
 ART. 133- OFFENDING RELIGIOUS FEELINGS
ELEMENTS:
1. That the acts complained of were performed (a) in a
place devoted to religious worship [not necessary that
there is religious worship] or (b) during the
celebration of any religious ceremony,
2. That the acts must be notoriously offensive to the
feelings of the faithful.
 May be committed by a public officer or a private
individual
CRIMES AGAINST PUBLIC ORDER
(ARTS. 134-160)
 ART. 134- REBELLION/INSURRECTION
ELEMENTS:
1) That there be a) public uprising and
b) taking arms against the Government.
2) For the purpose of:
a) Removing from the allegiance to said
Government or its laws
i. The territory of the Phils.
ii. Any body of land, naval or other armed
forces or
b) Depriving the Chief executive or Congress,
wholly or partially, of any of their powers or
prerogatives.
 ART. 134-A- COUP D’ETAT
1. How - by a swift attack, accompanied by violence,
intimidation, threat, strategy or stealth (CODE –
VITSS)
2. Against whom – duly constituted authorities of the
Republic, military camp or installation,
communication networks, public utilities, or other
facilities needed for the exercise and continued
possession of power (CODE – AM CUF)
3. Where – singly or simultaneously carried out
30
anywhere in the Philippines
4. By whom – by any person or persons, belonging to
the military or police or holding any public office or
employment, with or without civilian support or
employment
5. Purpose – to seize or diminish state power
 Indeterminate Sentence Law is not applicable
 ART. 135- PENALTY FOR REBELLION OR
INSURRECTION OR COUP D’ETAT
PERSONS LIABLE:
1. Persons who promote, maintain or head
2. Persons who participate or execute commands of
others
 ART. 136- CONSPIRACY & PROPOSAL TO
COMMIT REBELLION , INSURRECTION OR COUP
D’ ETAT
 An instance where the law punishes preparatory acts.
 ART. 137- DISLOYALTY OF PUBLIC
OFFICERS /EMPLOYEES
PUNISHABLE ACTS:
1) Failing to resist a rebellion by all means in their power
2) Continuing to discharge the duties of their office under
the control of the rebels
3) Accepting appointment to office under the rebels
 The crime presupposes the existence of rebellion by
other persons; the offender must not be in conspiracy
with the rebels
 ART. 138- INCITING TO REBELLION /
INSURRECTION
ELEMENTS:
1. That the offender does not take arms or is not in open
hostility against the Government
2. That he incites others to the execution of any of the
acts of rebellion
3. That the inciting is done by means of speeches,
proclamations, writings, emblems, banners or other
representations tending to the same end. (CODE –
SPWEBO)
 ART. 139- SEDITION
ELEMENTS:
1. That the offenders rise a) publicly and b)
tumultuously
2. That they employ force, intimidation, or other means
outside of legal methods
3. That the offenders employ any of those means to attain
any of the ff. objects:
a) To prevent the promulgation or execution of any
law or the holding of any popular election.
b) To prevent the government or any public officer
from freely exercising its or his functions, or
prevent the execution of any Administrative
 Order.
c) To inflict any act of hate or revenge upon the
person or property of any public
officer/employee.
d) To commit, for any political or social end, any
act of hate or revenge against private persons or
any social class.
e) To despoil, for any political or social end, any
person or the government of all its property or any
part thereof.
 TUMULTUOUS – if caused by more than three
persons who are armed or provided with the means of
violence
 ART. 140- PENALTY FOR SEDITION
PERSONS LIABLE:
1) The leader of the sedition
2) Other persons participating in the sedition
 ART. 141- CONSPIRACY TO COMMIT
SEDITION
 Only Conspiracy to commit sedition is punishable and
not proposal to commit sedition
 ART. 142- INCITING TO SEDITION
Punishable Acts:
1) Inciting others to commit sedition by means of
speeches, proclamations, writings, emblems
2) Uttering seditious words or speeches which tend to
disturb the public peace
3) Writing, publishing, or circulating scurrilous (vulgar,
mean, foul) libels against the Government or any of the
duly constituted authorities
ELEMENTS OF ACT #1
1. That the offender does not take direct part in the crime
of sedition
1. That he incites others to the accomplishment
of any of the act which constitute sedition
2. That the inciting is done by means of speeches,
proclamations, writings, emblems, cartoons, banners,
or other representations tending to the same end.
ACTS # 2 & 3 PUNISHABLE: when -
1) They tend to disturb or obstruct any lawful officer in
executing the functions of his office
2) They tend to instigate others to cabal and meet
together for unlawful purposes
3) They suggest or incite rebellious conspiracies or riots
4) They lead or tend to stir up the people against the
lawful authorities or disturb the peace of the community,
the safety and order of the Government.
Rules relative to seditious words:
1. The clear and present danger rule
1. Dangerous tendency rule
31
CRIMES AGAINST POPULAR REPRESENTATION
(ARTS. 143-145)
 ART.143- ACTS TENDING TO PREVENT THE
MEETING OF THE ASSEMBLY AND SIMILAR
BODIES
ELEMENTS:
1. That there be a projected meeting or actual meeting of
the Nat’l Assembly or any of its committees or
subcommittees, constitutional commissions or
committees or divisions, or of any provincial board or
city or municipal council or board
2. That the offender who may be any person prevents
such meeting by force or fraud
 ART. 144- DISTURBANCE OF PROCEEDINGS
ELEMENTS:
1. That there be a meeting of the Congress or any of its
committees or subcommittees, constitutional
commissions or committees, or any provincial board
or city or municipal council or board
2. That the offender does any of the ff. acts:
a. He disturbs any of such meetings.
b. He behaves while in the presence of any such
bodies in such a manner as to interrupt its proceedings
or to impair the respect due it.
 Congress may also punish for contempt.
 ART. 145 VIOLATION OF PARLIAMENTARY
IMMUNITY
Punishable Acts:
1) Using force, intimidation, threats, or frauds to prevent
any member from:
a. Attending the meetings of the Congress or any of its
committees or subcommittees, constitutional
commissions or committees or divisions thereof
b. Expressing his opinions or
c. Casting his vote
2) Arresting or searching any member while the
Congress is in session, except in case such member has
committed a crime punishable under the Code by a penalty
higher than prision mayor.
ILLEGAL ASSEMBLIES AND ASSOCIATIONS (Arts.
146 & 147)
 ART. 146 ILLEGAL ASSEMBLIES
FORMS OF ILLEGAL ASSEMBLY:
1) Any meeting attended by armed persons for the
purpose of committing any of the crimes punishable under
the Code
2) Any meeting in which the audience, whether armed or
not, is incited to the commission of the crime of treason,
rebellion or insurrection, sedition, or assault upon a person
in authority
PERSONS LIABLE IN ILLEGAL ASSEMBLY:
1. The organizers or leaders of the meeting
2. Persons merely present at the meeting
 It is necessary that the audience is actually incited. If
in the meeting the audience is incited to the
commission of rebellion or sedition, the crimes
committed are ILLEGAL ASSEMBLY as regards to
the organizers or leaders or persons merely present
and INCITING TO REBELLION OR SEDITION
insofar as the one inciting them is concerned
PRESUMPTIONS:
If any person carries an unlicensed firearm, it is
presumed that:
1) the purpose of the meeting insofar as he is concerned
is to commit acts punishable under the RPC, and
2) he is considered a leader or organizer of the meeting.
TWO WAYS TO COMMIT:
1. Without public uprising, by employing force or
intimidation for the attainment of any of the purposes
enumerated in defining the crimes of sedition & rebellion
 offended party need not be a person in authority
or his agent, he may be a private individual if the
object is to attain an object of sedition
2. Without public uprising, by attacking, by employing
force or seriously intimidating or by seriously resisting any
person in authority (PA) or any of his agents (APA), while
engaged in the performance of official duties, or on the
occasion of such performance.
DIRECT ASSAULT IS QUALIFIED WHEN:
1. Committed with a weapon
2. Offender is a public officer or employee
3. Offender lays hands upon a person in authority

 ART. 147 ILLEGAL ASSOCIATIONS  Additional penalty for attacking ambassador or

Prohibited Association minister (R.A. 75)
Association totally or partially organized for:
1) the purpose of committing any of the crimes  Knowledge of the accused that the victim is a PA or
punishable under the Code APA is essential
2) some purpose contrary to public morals
 ART. 149- INDIRECT ASSAULT
PERSONS LIABLE: ELEMENTS:
1) Founders, directors, and president of the association. 1. That an APA is the victim of any of the forms of direct
2) Members of the association. assault defined in Art. 148
2. That a person comes to the aid of the APA
ASSAULT, RESISTANCE AND DISOBEDIENCE TO 3. That the offender makes use of force or intimidation
PERSONS IN AUTHORITY (Arts. 148-152) upon such person coming to the aid of the APA.
 ART. 152- PERSONS IN AUTHORITY & AGENTS
OF PERSONS IN AUTHORITY
 ART. 150- DISOBEDIENCE TO SUMMONS
Public Officer Person in Agent of a ISSUED BY THE NAT’L ASSEMBLY, ITS
(PO) Authority (PA) Person in COMMITTEES OR SUBCOMMITTEES, BY THE
Authority (APA) CONST. COMMISSION, ITS COMMITTEES,
Any person who One who is One who is SUBCOMMITTEES OR DIVISIONS
takes part in the directly vested charged with the PUNISHABLE ACTS:
performance of with jurisdiction. maintenance of 1) Refusing, without legal excuse, to obey summons of
public functions public order and Congress, or any commission or committee chairman or
in the the protection and member authorized to summon witnesses,
government . security of life 2) Refusing to be sworn or placed under affirmation
and property while before such legislative or constitutional body or
2. Any person official,
who comes to the 3) Refusing to answer any legal inquiry or to produce
aid of a PA. any books, papers, documents, or records in his possession,
when required by them to do so in the exercise of their
functions,
 ART. 148- DIRECT ASSAULTS 4) Restraining another from attending as a witness in
KINDS: such legislative or constitutional body,
1. Simple assault 5) Inducing disobedience to summons or refusal to be
2. Qualified assault sworn by any such body or official.

32
  ART. 151- RESISTANCE & DISOBEDIENCE TO Punishable Acts:
A PERSON IN AUTHORITY OR THE AGENTS OF 1) Publishing or causing to be published as news any
SUCH PERSON false news which may endanger the public order, or cause
ELEMENTS OF RESISTANCE & SERIOUS damage to the interest or credit of the State
DISOBEDIENCE: 2) Encouraging disobedience to the law or to the
1. That a person in authority or his agent is engaged in constituted authorities or by praising, justifying or extolling
the performance of official duty or gives a lawful any act punished by law, by the same means or by words,
order to the offender utterances or speeches
2. That the offender resists or seriously disobeys such 3) Maliciously publishing or causing to be published any
person in authority or his agent official resolution or document without authority, or before
3. That the act of the offender is not included in the they have been published officially
provisions of Arts. 148-150 4) Printing, publishing or distributing (or causing the
same) books, pamphlets, periodicals, or leaflets which do
ELEMENTS OF SIMPLE DISOBEDIENCE: not bear the real printer’s name, or which are classified as
1. That an APA is engaged in the performance of official anonymous
duty or gives a lawful order to the offender,
2. That the offender disobeys such APA,  ART. 155- ALARMS & SCANDALS
3. That such disobedience is not of a serious nature. Punishable Acts:
1) Discharging any firearm, rocket, firecracker, or other
DIRECT ASSAULT RESISTANCE explosive within any town or public place, calculated to
 The PA or APA must be  Only in actual cause alarm or danger (should not be aimed at a person
engaged in the performance performance of duties otherwise illegal discharge of firearm under Art. 254)
of official duties or that he 2) Instigating or taking an active part in any charivari or
is assaulted by reason other disorderly meeting offensive to another or prejudicial
thereof to public tranquility
 There is force employed  Use of force is not so 3) Disturbing the public peace while wandering about at
serious night or while engaged in any other nocturnal amusements
4) Causing any disturbance or scandal in public places
while intoxicated or otherwise, provided Art. 153 is not
applicable
CRIMES AGAINST PUBLIC DISORDERS (ARTS.
153-156)  CHARIVARI - includes a medley of discordant
 ART. 153- TUMULTS & OTHER voices, a mock serenade of discordant noises made on
DISTURBANCES OF PUBLIC ORDER kettles, tin, horns, etc. designed to annoy or insult
PUNISHABLE ACTS:
1) Causing any serous disturbance in a public place,  If the disturbance is of a serious nature, the case will
office or establishment fall under Art. 153
2) Interrupting or disturbing public performances,
functions or gatherings, or peaceful meetings, if the act is  ART. 156- DELIVERING PRISONERS FROM
not included in Arts. 131-132. JAILS
3) Making an outcry tending to incite rebellion or ELEMENTS:
sedition in any meeting, association or public place 1. That there is a person confined in a jail or penal
4) Displaying placards or emblems which provoke a establishment (detention included)
disturbance of public order in such place 2. That the offender removes such person, or helps the
5) Burying with pomp the body of a person who has been escape of such person
legally executed
KINDS OF EVASION OF SERVICE OF SENTENCE
 Serious disturbance must be planned or intended (ARTS. 157-159)
 ART.157- EVASION OF SERVICE OF SENTENCE
ELEMENTS:
 OUTCRY – to shout spontaneously, subversive or 1. That the offender is a convict by final judgement
provocative words tending to stir up the people to 2. That he is serving his sentence, which consists in
obtain by means of force or violence any of the objects deprivation of liberty
of rebellion or sedition 3. That he evades the service of his sentence by escaping
during the term of his sentence.
 ART. 154- UNLAWFUL USE OF MEANS OF
PUBLICATION & UNLAWFUL UTTERANCES CIRCUMSTANCES QUALIFYING THE OFFENSE:

33
1) By means of unlawful entry  As distinguished from REITERACION (habituality)
2) By breaking doors, windows, gates, walls, roofs or which requires that the offender against whom it is
floors considered shall have served out his sentence for the
3) By using picklocks, false keys, disguise, deceit, prior offenses.
violence, or intimidation
4) Through connivance with other convicts or employees  Cannot be offset by ordinary mitigating circumstances
of the penal institution

 ART. 158- EVASION OF SENTENCE ON THE CRIMES AGAINST PUBLIC INTEREST (ARTS. 161-
OCCASION OF DISORDERS, CONFLAGRATIONS, 189)
EARTHQUAKES, OR OTHER CALAMITIES CRIMES CALLED FORGERIES
ELEMENTS: (ARTS. 161-174)
1. That the offender is a convict by final judgement, and  ART. 161- COUNTERFEITING THE SEAL OF
is confined in a penal institution THE GOVERNMENT, THE SIGNATURE, OR THE
2. That there is disorder, resulting from; STAMP OF THE CHIEF EXEC.
a. Conflagration Punishable Acts:
b. Earthquake 1. Forging the Great Seal of the Government of the Phil.
c. Explosion 2. Forging the signature of the President
d. similar catastrophe 3. Forging the stamp of the President
e. mutiny in which he has not participated
3. That the offender leaves the penal institution where he  ART. 162- USING FORGED SIGNATURE OR
is confined, on the occasion of such disorder or during COUNTERFEIT SEAL OR STAMP
the mutiny ELEMENTS:
4. That the offender fails to give himself up to the 1. That the Great Seal of the Republic was counterfeited
authorities within 48 hrs. following the issuance of a or the signature or stamp of the Chief Executive was
proclamation by the Chief Executive announcing the forged by another person
passing away of such calamity. 2. That the offender knew of the counterfeiting of
forgery
 ART. 159- OTHER CASES OF EVASION OF 3. That he used the counterfeit seal or forged signature or
SENTENCE (CONDITIONAL PARDON) stamp
ELEMENTS:
1. That the offender was a convict
2. That he was granted a conditional pardon by the Chief
Exec. CRIMES UNDER COUNTERFEITING COINS
3. That he violated any of the conditions of such pardon (ARTS. 163-165)
 ART. 163- MAKING AND IMPORTING AND
 Violation of conditional pardon is a distinct crime UTTERING FALSE COINS
ELEMENTS:
 Offender can be arrested and reincarcerated without 1. That there be false or counterfeited coins
trial – in accordance with Sec. 64(I) of the RAC 2. That the offender either made, imported or uttered
 ART. 160- COMMISSION OF ANOTHER CRIME such coins
DURING THE SERVICE OF PENALTY IMPOSED 3. That in case of uttering such false or counterfeited
FOR ANOTHER PREVIOUS OFFENSE (QUASI- coins, he connived with the counterfeiters or importers
RECIDIVISM)
ELEMENTS OF QUASI-RECIDIVISM:  Coins withdrawn from circulation may be
1. That the offender was already convicted by final counterfeited
judgement
2. That he committed a new felony before beginning to  ART. 164- MUTILATION OF COINS-
serve such sentence or while serving the same IMPORTATION & UTTERANCE OF MUTILATED
COINS
WHO CAN BE PARDONED: PUNISHABLE ACTS:
1) At the age of 70, if he shall have already served out 1. Mutilating coins of the legal currency, with the further
his original sentence (and not a habitual criminal) or requirement that there be intent to damage or to
2) When he shall have completed it after reaching the defraud another
said age, unless by reason of his conduct or other 2. Importing or uttering such mutilated coins, with the
circumstances he shall not be worthy of such clemency. further requirement that there must be connivance
with the mutilator or importer in case of uttering

34
  ART. 169- HOW FORGERY IS COMMITTED
 Mutilation of foreign currency not included 1) By giving a treasury or bank note or any instrument
payable to bearer or to order mentioned therein, the
 Coins must be of legal tender appearance of a true and genuine document
2) By erasing, substituting, counterfeiting or altering the
 ART. 165- SELLING OF FALSE OR MUTILATED figures, letters, words, or sign contained therein
COIN WITHOUT CONNIVANCE
Punishable Acts  Forgery includes falsification & counterfeiting
POSSESSION UTTERING
ELEMENTS: ELEMENTS:
CLASSES OF FALSIFICATION
a. Possession a. Actually uttering.
b. With intent to b. Knowledge (ARTS. 170-173)
 The crime of falsification must involve a writing
utter
c. Knowledge which is a document in the legal sense.

CLASSIFICATION OF DOCUMENTS:
1) Public – (a) document created, executed or issued by a
 Does not require legal tender
public official in response to exigencies of the public
service, (b) or in the execution of which a public official or
 ART. 166- FORGING TREASURY OR BANK
notary public intervened
NOTES OR OTHER DOCUMENTS PAYABLE TO
2) Official – issued by a public official in the exercise of
THE BEARER; IMPORTING AND UTTERING
the functions of his office; also a public document.
SUCH FALSE OR FORGED NOTES AND
3) Commercial- defined and regulated by the Code of
DOCUMENTS
Commerce or other commercial law
Punishable Acts:
4) Private- a deed or instrument executed by a private
1) Forging or falsification of treasury or bank notes or
person without the intervention of a notary public or other
other documents payable to bearer
person legally authorized, by which document, some
2) Importation of such false or forged obligations or
disposition of agreement is proved, evidenced or set forth
notes
3) Uttering of such false or forged obligations or notes in
Importance of Classification:
connivance with the forgers or importers
1) In private documents, criminal liability will not arise
 Counterfeiting of paper bills is covered by this felony
unless there is damage caused to third person.
(see People vs. Valencia)
2) In public or commercial documents, criminal liability
can arise although no third person suffered damage.
 ART. 167-COUNTERFEITING, IMPORTING, &
UTTERING INSTRUMENTS NOT PAYABLE TO
 ART. 170-FALSIFICATION OF LEGISLATIVE
THE BEARER
DOCUMENTS
ELEMENTS:
ELEMENTS:
1. That there be an instrument payable to order or other
1. That there be a bill, resolution or ordinance enacted or
such document of credit not payable to bearer
approved or pending approval by the Nat’l Assembly
2. That the offender either forged, imported or uttered
or any provincial board or municipal council
such instrument
2. That the offender alters the same
3. That in case of uttering, he connived with the forger or
3. That he has no proper authority
importer.
4. That the alteration has changed the meaning of the
document.
 ART.168- ILLEGAL POSSESSION & USE OF
FALSE TREASURY OR BANK NOTES AND OTHER
 ART. 171- FALSIFICATION BY PUBLIC
INSTRUMENTS OF CREDIT
OFFICER, EMPLOYEE; OR NOTARY OR
ELEMENTS:
ECCLESIASTICAL MINISTER
1. That any of said instruments is forged or falsified by
ELEMENTS:
another person
1. That the offender is a public officer, employee or
2. That the offender knows that any of those instruments
notary public
is forged or falsified
2. That he takes advantage of his official position
3. That he performs any of these acts :
REQUISITES:
a. Using any of such forged or falsified instruments
a. He has a duty to make or prepare or otherwise to
b. Possession with intent to use of any of such
intervene in the preparation of the document
forged or falsified instruments
b. He has official custody of the document which he

35
 falsifies falsification as a means to commit estafa
3. That he falsifies a document by committing any of the Falsification of Public, Falsification of Private
ff. acts: Official or Commercial Doc.
a. Counterfeiting or imitating any handwriting, Doc.
signature or rubric When committed as a Even when committed as a
b. Causing it to appear that persons have necessary means to commit necessary means to commit
participated in any act or proceeding when they estafa, complex crime is estafa, either estafa or
did not in fact so participate committed. falsification only is
c. Attributing to persons who have participated in committed.
an act or proceeding statements other than those REASON:
in fact made by them In this type of falsification,
d. Making untruthful statements in a narration of an act independent of
facts falsification is required, to
e. Altering true dates show intent to defraud.
f. Making any alteration or intercalation in a
genuine document which changes its meaning
ART. 172 ART. 171
g. Issuing in authenticated form a document
purporting to be a copy of an original document the prejudice to a third party prejudice to third person is
when no such original exists, or including in such is taken into account so that immaterial; what is
copy a statement contrary to, or different from if damage is not apparent, punished is the violation of
that of the genuine original or at least if with no intent public faith and the
h. Intercalating any instrument or note relative to to cause it, the falsification perversion of truth
the issuance in a protocol, registry or official is not punishable
book
 ART. 173- FALSIFICATION OF WIRELESS,
 Genuine document in pars. f,g,h is necessary. CABLE, TELEGRAPH, & TEL. MESSAGES, & USE
OF SAID FALSIFIED MESSAGES
 Falsification may be committed by simulating or PUNISHABLE ACTS:
fabricating a document in paragraphs a to e 1) Uttering fictitious wireless, telegraph or telephone
messages
PERSONS LIABLE: 2) Falsifying wireless, telegraph or tel. messages
1) Any public officer, employee or notary public 3) Using such falsified message
2) Ecclesiastical minister, when the falsification may
affect the civil status of persons  ART. 174- FALSE MEDICAL CERTIFICATES,
FALSE CERTIFICATES OF MERIT OR SERVICE
 ART. 172-FALSIFICATION BY PRIVATE PERSONS LIABLE:
INDIVIDUALS & USE OF FALSIFIED DOCUMENTS 1) Physician or surgeon who, in connection with the
Punishable Acts: practice of his profession, issued a false certificate
1) Falsification of public, official, or commercial 2) Public officer who issued a false certificate of merit or
document by a private individual or by a public officer, service, good conduct or similar circumstances
employee or notary public who does not take advantage of 3) Private individual who falsified a certificate falling in
his official position the classes mentioned in nos. 1&2
 Damage or intent to cause damage is not necessary in
this paragraph.  ART. 175- USING FALSE CERTIFICATES
ELEMENTS:
2) Falsification of private document by any person 1. That a false certificate mentioned in the preceding
 The offender must have (a) counterfeited the false article was issued.
document and (b) he must have performed an 2. That the offender knew that the certificate was false
independent act which operates to the prejudice of a 3. That he used the same.
third person
 ART. 176- MANUFACTURING & POSSESSION
 Use of a falsified document OF INSTRUMENTS OR IMPLEMENTS FOR
1. in a Judicial Proceeding FALSIFICATION
 no damage required Punishable Acts:
2. in any other transaction 1) Making or introducing into the Phil. any stamps, dies,
 with intent to cause damage to another marks, or other instruments or implements for
counterfeiting

36
2) Possession with intent to use the instruments or
implements for counterfeiting or falsification made in or
introduced into the Phil. by another person
 ART. 177-USURPATION OF AUTHORITY OR
OFFICIAL FUNCTIONS
WAYS TO COMMIT:
1) By misrepresenting oneself to be an officer, agent or
representative of the government, whether local, national or
foreign
2) By performing any act pertaining to a person in authority
or public officer of the government under the pretense of
official position and without authority
 May be violated by a public officer
 ART. 178- USING FICTITIOUS NAME &
CONCEALING TRUE NAME
ELEMENTS: (USING FICTITIOUS NAME)
1. That the offender uses a name other than his real name
2. That he uses that fictitious name publicly
3. That the purpose of the offender is --
a. to conceal a crime
b. to evade the execution of a judgement
c. to cause damage to public interest
ELEMENTS: (CONCEALING TRUE NAME)
1. That the offender conceals ---
a. His true name
b. all other personal circumstances
2. That the purpose is only to conceal his identity
NOTE:
CA 142 punishes illegal use of alias
 ART. 179- ILLEGAL USE OF UNIFORM OR
INSIGNIA
ELEMENTS:
1. That the offender makes use of insignia, uniform or
dress
2. That the insignia, uniform or dress pertains to an
office not held by the offender or to a class of persons
of which he is not a member
3. That said insignia, uniform, or dress is used publicly
and improperly
THREE FORMS OF FALSE TESTIMONY (ARTS.
180-183)
 ART. 180- FALSE TESTIMONY AGAINST A
DEFENDANT
ELEMENTS:
1. That there be a criminal proceeding where the
offender testifies falsely under oath against the
defendant
2. That the offender who gives false testimony knows
that it is false
37
3. That the defendant against whom the false testimony
is given is either acquitted or convicted in a final
judgement.
 Defendant must be sentenced to at least a correctional
penalty or a fine or must be acquitted
 ART. 181- FALSE TESTIMONY FAVORABLE TO
THE DEFENDANT
 Conviction or acquittal of defendant in principal case
not necessary
 ART. 182- FALSE TESTIMONY IN CIVIL CASES
ELEMENTS:
1. That the testimony must be given in a civil case
2. That the testimony must relate to the issues presented
in said case
3. That the testimony must be false
4. That the false testimony must be given by the
defendant knowing the same to be false
5. That the testimony must be malicious and given with
an intent to affect the issues presented in said case.
 Article not applicable in special proceedings which
falls under “other cases” in Art. 183.
 ART. 183- FALSE TESTIMONY IN OTHER
CASES AND PERJURY IN SOLEMN AFFIRMATION
Acts Punished:
1) By falsely testifying under oath (not in judicial
proceedings)
2) By making a false affidavit
ELEMENTS OF PERJURY:
1. That the accused made a statement under oath or
affirmation or executed an affidavit upon a material
matter
2. That the statement or affidavit was made before a
competent officer, authorized to receive and
administer oath
3. That in that statement or affidavit, the accused made a
willful and deliberate assertion of a falsehood
4. That the sworn statement or affidavit containing the
falsity is required by law.
 ART. 184- OFFERING FALSE TESTIMONY IN
EVIDENCE
ELEMENTS:
1. That the offender offered in evidence a false witness
or false testimony
2. That he knew the witness or the testimony was false
3. That the offer was made in a judicial or official
proceeding
 CRIMES CLASSIFIED AS FRAUDS
(ARTS. 185-189)
 ART. 185- MACHINATIONS IN PUBLIC
AUCTIONS
Punishable Acts:
1) Soliciting any gift or promise as a consideration for
refraining from taking part in any public auction
2) Attempting to cause bidders to stay away from an
auction by threats, gifts, promises or any other artifice
ESSENTIAL ELEMENT:
That there be intent to cause the reduction of the
price.
 ART. 186- MONOPOLIES & COMBINATIONS IN
RESTRAINT OF TRADE
Punishable Acts:
1) Combination or conspiracy to prevent free competition
in the market
2) Monopoly to restrain free competition in the market
3) Making transactions prejudicial to lawful commerce or
to increase the market price of merchandise
 If the offense affects any food substance or other
particles of prime necessity, it is sufficient that initial
steps are taken
 ART. 187- IMPORTATION & DISPOSITION OF
FALSELY MARKED ARTICLES OR
MERCHANDISE MADE OF GOLD, SILVER, OR
OTHER PRECIOUS METALS OR THEIR ALLOYS
ELEMENTS:
1. That the offender imports, sells or disposes of any of
those articles or merchandise
2. That the stamps, brands, or marks of those articles of
merchandise fail to indicate the actual fineness or
quality of said metals or alloy
3. That the offender knows that the stamps, brands, or
marks fail to indicate the actual fineness or quality of
said metals or alloy
NOTE: Articles 188 and 189 have been repealed by RA
8293 Sec. 69, The Intellectual Property Code, effective
January 1, 1998.
 REPUBLIC ACT 455 – ON SMUGGLING OR
ILLEGAL IMPORTATION
PUNISHABLE ACTS:
1) That the merchandise must have been fraudulently or
knowingly imported contrary to law
2) That the defendant, if he is not the importer himself,
must have received, concealed, bought, sold or in any
manner facilitated the transportation, concealment or sale
of the merchandise and that he must be shown to have
knowledge that the merchandise had been illegally
38
imported
 CRIMES RELATED TO OPIUM AND OTHER
PROHIBITED DRUGS
Dangerous Drugs Act
RA 6425
Dangerous Drugs are either:
1. PROHIBITED DRUGS: Includes Opium, cocaine and
its active component and derivatives and other substances
producing similar effects; Indian Hemp and all its
derivatives; all other preparations made from the foregoing
whether natural or synthetic with the physiological effects
of a narcotic or hallucinogenic drug
2. REGULATED DRUG: Includes self-inducing sedatives
or a derivative of a salt barbituric acid; amphetamine,
hypnotic drugs, or other drug with same effect
Punishable Acts: (PROHIBITED DRUGS)
a) Importation
b) Sale, Administration, Delivery, Distribution,
Transportation
c) Maintenance of a Den, Dive, Resort for users
d) Employment and Visit to such Den
e) Manufacture
f) Possession and Use
g) Cultivation of Plants which are sources of
prohibited drugs
h) Failure to Comply with Record Requirements of
the Law
i) Unlawful Prescription
j) Unnecessary Prescription
k) Possession of Opium pipes, other paraphernalia
 With respect to par. B & C, the maximum penalty
shall be imposed if the victim is a minor or the
prohibited drug is the proximate cause of death
 With respect to par G, the maximum penalty shall be
imposed if the land used is public domain; if private,
the land shall be escheated to the state unless the
owner proves that he had no knowledge of such
cultivation despite the exercise of due diligence
 Paragraph H applies only to pharmacists, physicians,
veterinarians or dentists dispensing such drugs;
additional penalty of revocation of license
Punishable Acts: (REGULATED DRUGS)
a) Importation
b) Sale, Administration, Delivery, Distribution,
Transportation
c) Maintenance of a Den, Dive, Resort for users
d) Manufacture
e) Possession or Use
f) Failure to comply with Record Requirements
g) Unlawful Prescription
h) Unnecessary Prescription
 Same rules apply with respect to par B, C & F
 EVERY PENALTY IMPOSED SHALL CARRY
WITH IT THE CONFISCATION AND
FORFEITURE OF ALL THE PROCEEDS OF THE
CRIME, INCLUDING BUT NOT LIMITED TO,
MONEY AND OTHER ASSETS OBTAINED AND
THE INSTRUMENTS OR TOOLS WITH WHICH IT
WAS COMMITTED, UNLESS THEY ARE
PROPERTY OF A 3RD PERSON NOT LIABLE FOR
THE OFFENSE, BUT THOSE WHICH ARE NOT
OF LAWFUL COMMERCE SHALL BE
DESTROYED W/O DELAY.
 Any apprehending officer who misappropriates or fails
to account shall after conviction be punished by
reclusion perpetua to death and a fine ranging
P500,000.00 to P10,000,000.00.
 Plea-bargaining shall not be allowed where the
imposable penalty is reclusion perpetua to death.
 If the offender is an Alien he shall be deported
immediately w/o further proceedings after service of
sentence. (Sec. 22)
 If committed by a juridical person the partner, director,
president or manager who consents or knowingly
tolerates such violation shall be held liable as a co-
principal. (Sec. 22)
 If a Government. official is found guilty of “planting”
any dangerous drugs in the person or in the immediate
vicinity of another as evidence to implicate the latter,
he shall suffer the same penalty as therein provided.
 Acquittal in a case of importation does not bar
prosecution for illegal possession of opium because
they are 2 distinct crimes.
 Illegal possession of pipe is included in illegal
possession of opium if the opium and the pipe were
found in the same place and at the same time and by
the same person. Reason: there is a single criminal act
impelled by a single criminal intent.
CRIMES AGAINST PUBLIC MORALS (ARTS. 195-
202)
 ARTS. 195-199, PROVISIONS OF PD. 483 & 449 ARE
REPEALED WHICH ARE INCONSISTENT WITH PD
1602 OR PRESIDENTIAL DECREE PRESCRIBING
STIFFER PENALTIES ON ILLEGAL GAMBLING.
39
OFFENSES AGAINST DECENCY AND GOOD
CUSTOMS ( ARTS. 200-202)
 ART. 200- GRAVE SCANDAL
ELEMENTS:
1. That the offender performs an act or acts
2. That such act or acts be highly scandalous as
offending against decency and good customs
3. That the highly scandalous conduct is not expressly
falling within any other article of this Code
4. That the act or acts complained of be committed in a
public place or within the public knowledge or view.
 ART. 201- IMMORAL DOCTRINES, OBSCENE
PUBLICATIONS & EXHIBITIONS & INDECENT
SHOWS (AS AMENDED BY PD 969)
PERSONS LIABLE:
1) Those who shall publicly expound or proclaim
doctrines openly and contrary to public morals
2) The authors of obscene literature, published with their
knowledge in any form; the editors publishing such
literature; and the owners, operators of the establishment
selling the same
3) Those who, in theatres, fairs, cinematographs or any
other place, exhibit indecent or immoral shows which are
proscribed or are contrary to law, public order, morals,
good customs, established policies, lawful orders, decrees
and edicts
4) Those who shall give away or exhibit films, prints,
engravings, sculpture or literature which are offensive to
morals
 ART. 202- VAGRANTS & PROSTITUTES
PERSONS LIABLE:
1) Any person having no apparent means of subsistence,
who has the physical ability to work and who neglects to
apply himself to some lawful calling
2) Any person found loitering about public or
semipublic buildings or places, or tramping or wandering
about the country or the streets without visible means of
support
3) Any idle or dissolute person who lodges in houses of
ill fame; ruffians or pimps and those who habitually
associate with prostitutes
4) Any person who, not being included in the provisions
of other articles of this Code, shall be found loitering in
any inhabited or uninhabited place belonging to another
without any lawful or justifiable purpose
PROSTITUTES - women who, for money or profit,
habitually indulge in sexual intercourse or lascivious
conduct
 1. That the offender is a judge
 ART. 203 WHO ARE PUBLIC OFFICERS 2. That there is a proceeding in his court
REQUISITES: 3. That he delays the administration of justice
1. Taking part in the performance of public functions in 4. That it is caused by the judge with deliberate intent to
the Government or performing in said Government or inflict damage on either party in the case
in any of its branches public duties as an employee,
agent or subordinate official of any rank or class  ART. 208- PROSECUTION OF OFFENSES;
2. That his authority must be – NEGLIGENCE & TOLERANCE
a. By direct provision of law Punishable Acts:
b. By popular election 1) Maliciously refraining from instituting prosecution
c. By appointment by competent authority against violators of the law
2) Maliciously tolerating the commission of offenses

CRIMES OF MALFEASANCE & MISFEASANCE IN REQUISITES:

OFFICE 1. That the offender is a public officer who has a duty to
(ARTS. 204-211) cause the prosecution of, or to prosecute offenses
 MISFEASANCE- improper performance of some act 2. That knowing the commission of the crime, he does
which might lawfully be done not cause the prosecution of the criminal or knowing
that a crime is about to be committed he tolerates its
 MALFEASANCE- the performance of some act which commission
ought not to be done 3. That the offender acts with malice and deliberate
intent to favor the violator of the law
 NONFEASANCE- omission of some act which ought to
be performed  ART. 209- BETRAYAL OF TRUST BY AN ATTY.
OR SOLICITOR
 ART. 204- KNOWINGLY RENDERING UNJUST Punishable Acts:
JUDGEMENT 1) Causing damage to his client, either:
ELEMENTS: (a) by any malicious breach of professional duty; or
1. That the offender is a judge (b) inexcusable negligence or ignorance
2. That he renders a judgement in a case submitted to
him for decision 2) Revealing any of the secrets of his client learned by
3. That the judgment is unjust him in his professional capacity
4. That the judge knows that his judgement is unjust.  damage is not necessary

 ART. 205- JUDGEMENT THROUGH 3) Undertaking the defense of the opposing party in the
NEGLIGENCE same case without the consent of his first client.
ELEMENTS:
1. That the offender is a judge  ART. 210- DIRECT BRIBERY
2. That he renders a judgement in a case submitted to Punishable Acts:
him for decision 1) Agreeing to perform, or by performing, in
3. That the judgment is manifestly unjust consideration of any offer, promise, gift or present --- an act
4. That it is due to his inexcusable negligence or constituting a crime, in connection with the performance of
ignorance his official duties

 ART. 206- UNJUST INTERLOCUTORY ORDER
ELEMENTS:
1. That the offender is a judge
2. That he performs any of the ff. acts:
a. Knowingly renders unjust interlocutory order or
decree.
b. Renders a manifestly unjust interlocutory order or
decree through inexcusable negligence or
ignorance
ART. 207- MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
ELEMENTS:
2) Accepting a gift in consideration of the execution of an
act which does not constitute a crime, in connection with
the performance of his official duty
3) Agreeing to refrain, or by refraining, from doing
something which it is his official duty to do, in
consideration of a gift or promise
QUALIFIED BRIBERY - committed by public officers
entrusted with the enforcement of law and whose duty is to
arrest and prosecute those who violate them where the
penalty for the same is reclusion perpetua or higher.

40
  ART. 211- INDIRECT BRIBERY
ELEMENTS:
1. That the offender is a public officer
2. That he accepts gifts
3. That said gifts are offered to him by reason of his
office
 ART. 212- CORRUPTION OF PUBLIC
OFFICIALS
ELEMENTS:
1. That the offender makes offers or promises or gives
gifts or presents to a public officer
2. That the offers or promises are made or the gifts or
present given to a public officer, under circumstances
that will make the public officer liable for direct
bribery or indirect bribery
ANTI-GRAFT & CORRUPT PRACTICES ACT (R.A.
3019)
(RA 3019 as amended by RA 3047, PD 77
and BP 195)
 Section 2. Definition of Terms.
Government – the nat’l Government, the local
Government, the GOCCs, & all other instrumentalities or
agencies of the government
PUBLIC OFFICER – elective & appointive officials &
employees, permanent or temporary, whether in the
classified or unclassified or exempt services receiving
compensation, even nominal, from the Government.
 Section 3. Corrupt Practices of Public Officials.
A. Persuading, inducing or influencing another public
officer to perform an act constituting a violation of
rules and regulations duly promulgated by competent
authority or an offense in connection with the official
duties of the latter, or allowing himself to be
persuaded, induced, or influenced to commit such
violation or offense.
B. Directly or indirectly requesting or receiving any gift,
present, share, percentage, or benefit, for himself or
for any other person, in connection w/ any other
contract or transaction between the Government and
any other party, wherein the public officer in his
official capacity has to intervene under the law.
C. Directly or indirectly requesting or receiving any gift,
present or other pecuniary or material benefit, for
himself or for another, from any person for whom the
public officer, in any manner or capacity has secured
or obtained, or will secure or obtain, any Government
permit or license, in consideration for the help given
or to be given, w/out prejudice to Section 13 of this
Act.
41
D. Accepting or having any member of his family accept
employment in a private enterprise w/c has pending
official business w/ him during the pendency thereof
or w/in one year after his termination.
E. Causing any undue injury to any party, including the
Government, or giving any private party any
unwarranted benefits, advantage or preference in the
discharge of his administrative or judicial functions
through manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply to
officers and employees of offices or Government
corps. charged w/ the grant of licenses or permits or
other concessions.
F. Neglecting or refusing, after due demand or request,
w/out sufficient justification, to act w/in a reasonable
time on any matter pending before him for the purpose
of obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or material
benefit or advantage, or for the purpose of favoring his
own interest or giving undue advantage in favor of or
discriminating against any other interested party.
G. Entering, on behalf of the Government, into any
contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public
officer profited or will profit thereby.
H. Directly or indirectly having financial or pecuniary
interest in any business, contract or transaction in
connection with which he intervenes or takes part in
his official capacity, or in w/c he is prohibited by the
Constitution or by law from having any interest.
I. Directly or indirectly becoming interested, for
personal gain, or having material interest in any
transaction or act requiring the approval of a board,
panel or group of w/c he is a member, & w/c exercises
discretion in such approval, even if he votes against
the same or does not participate in the action of the
board, committee, panel or group.
Interest for personal gain shall be presumed against
those public officers responsible for the approval of
manifestly unlawful, inequitable, or irregular
transactions or acts by the board, panel or group to w/c
they belong.
J. Knowingly approving or granting any license, permit,
privilege or benefit in favor of any person not
qualified for or not legally entitled to such license,
permit, privilege, or advantage, or of a mere
representative or dummy of one who is not qualified
or entitled.
K. Divulging valuable information of a confidential
character, acquired by his office or by him on account
of his official position to unauthorized persons, or
releasing such information in advance of its authorized
date.
 Section 4. Prohibition on private individuals.
A. Taking advantage of family or close personal relation
with public official is punished.
B. Knowingly inducing or causing any public official to
commit any of the offenses defined in Section 3.
 Section 5. Prohibition on certain relatives.
The spouse or any relative, by consanguinity, w/in the
3rd civil degree, of the President, the Vice-President, Senate
President, or the Speaker of the House of Representatives is
prohibited to intervene directly or indirectly, in any
business, transaction, contract or application with the
Government.
EXCEPTIONS TO THE PROVISIONS:
1. Any person who, prior to the assumption of
office of any of those officials to whom he is
related, has been already dealing with the
Government along the same line of business, or
to any transaction, contract or application already
existing or pending at the time of such
assumption of public office;
2. Any application filed by him, the approval of w/c
is not discretionary on the part of the official/s
concerned but depends upon compliance with the
requisites provided by law, or rules or regulations
issued pursuant to the law.
3. Any act lawfully performed in an official
capacity or in the exercise of a profession.
 Section 6. Prohibition on Members of Congress
 Members of Congress during their term are prohibited
to acquire or receive any personal pecuniary interest in
any specific business enterprise w/c will be directly &
particularly favored or benefited by any law or
resolution authored by them.
 The prohibition shall also apply to any public officer
who recommended the initiation in Congress of the
enactment or adoption of any law or resolution, &
acquires or receives any such interest during his
incumbency.
 The member of Congress or other public officer, who,
having such interest prior to the approval of a law or
resolution authored or recommended by him,
continues for thirty days after such approval to retain
42
his interest, also violates this section.
 Section 7. Statement of assets and liabilities.
 Every public officer shall prepare & file a true &
detailed sworn statement of assets & liabilities,
including a statement of the amount & sources of his
income, the amount of his personal & family expenses
& the amount of income taxes paid for the next
preceding calendar year.
 Section 8. Prima facie evidence of and dismissal due to
unexplained wealth.
 A public official who has been found to have acquired
during his incumbency, whether in his name or the
name of other persons, an amount of property and/or
money manifestly out of proportion to his salary and
to his lawful income (RA #1379) – GROUND FOR
FORFEITURE OF UNEXPLAINED WEALTH
 Section 11. Prescription of offenses.
15 YEARS – prescriptive period of all offenses under
the Act.
 Section 12. Termination of office.
NO PUBLIC OFFICER IS ALLOWED TO RESIGN OR
RETIRE:
1. Pending investigation, criminal or administrative
or
2. Pending a prosecution against him, or
3. For any offense under the Act or under the
provisions of the RPC on bribery.
 Section 14. Exception.
 Unsolicited gifts or presents of small or insignificant
value offered or given as a mere ordinary token of
gratitude of friendship according to local custom or
usage.
 ANTI-PLUNDER ACT
RA 7080
Means or schemes to acquire ill-gotten wealth:
1. Through misappropriation, conversion, misuse or
malversation of public funds or raids on the public
treasury
2. By receiving, directly or indirectly, any commission,
gift, share, percentage or any other form of pecuniary
benefit from any person and/or entity in connection
with any government contract/project or by reason
of his office/position
3. By the illegal or fraudulent conveyance or disposition
of assets belonging to the Government
4. By obtaining, receiving or accepting, directly or
indirectly, any shares of stock, equity, or any other
form of interest or participation including the promise
of future employment in any business enterprise or
undertaking
5. By establishing agricultural, industrial or commercial
monopolies or other combinations and/or
implementing decrees and orders intended to benefit
particular persons or special interests
6. By taking undue advantage of official position,
authority, relationship, connection or influence to
unjustly enrich himself or themselves
Note: These SHOULD be committed by a combination or
through a series of acts. There should be at least two
acts otherwise the accused should be charged with the
particular crime committed and not with plunder. A
combination means at least two acts of a different category
while a series means at least two acts of the same category
(Estrada vs Sandiganbayan November 21, 2001)
 Section 2. Definition of the Crime of Plunder;
Penalties.
Plunder - a crime committed by any public officer, by
himself, or in connivance with his family, relatives by
affinity or consanguinity, business associates, subordinates
or other persons, by amassing, accumulating or acquiring
ill-gotten wealth in the aggregate amount or total value of
at least 50 million pesos
Penalty - Reclusion Perpetua to Death
Mitigating and extenuating circumstances shall be
considered by the courts in the imposition of penalty.
 Section 4. Rule of Evidence.
It is not necessary to prove each and every criminal act
done. A pattern of overt or criminal acts indicative of the
over-all unlawful scheme or conspiracy shall be sufficient.
 Section 5. Suspension and Loss of Benefits.
 Section 6. Prescription of Crimes
20 years – prescription
ART. 213- FRAUDS AGAINST THE PUBLIC
TREASURY & SIMILAR OFFENSES
ELEMENTS OF FRAUDS AGAINST PUBLIC
TREASURY (PAR.1):
1. That the offender be a public officer
2. That he intervened in the transaction in his official
capacity
43
3. That he entered into an agreement with any interested
party or speculator or made use of any other scheme
with regard to (1) furnishing supplies (2) the making
of contracts, or (3) the adjustment or settlement of
accounts relating to public property of funds
4. That the accused had intent to defraud the
Government.
ELEMENTS OF ILLEGAL EXACTIONS (PAR.2):
1. The offender is a public officer entrusted with the
collection of taxes, licenses, fees, & other imposts
2. He commits any of the ff. acts:
a. Demanding, directly or indirectly, the payment of
sums different from or larger than those
authorized by law
b. Failing voluntarily to issue a receipt, as provided
by law, for any sum of money collected by him
officially
c. Collecting or receiving, directly or indirectly, by
way of payment or otherwise, things or objects of
a nature different from that provided by law
 Officers or employees of the Bureau of Internal
Revenue or Bureau of Customs are not covered by this
article. The National Internal Revenue Code or the
Administrative Code applies.
 ART. 214- OTHER FRAUDS
 The offender is a public officer who takes advantage
of his official position.
 ART. 215- PROHIBITED TRANSACTIONS
ELEMENTS:
1. That the offender is an appointive public officer
2. That he becomes interested, directly or indirectly, in
any transaction of exchange or speculation
3. That the transaction takes place within the territory
subject to his jurisdiction
4. That he becomes interested in the transaction during
his incumbency
 ART. 216- POSSESSION OF PROHIBITED
INTEREST BY A PUBLIC OFFICER
PERSONS LIABLE:
1) Public officer who, directly or indirectly, became
interested in any contract or business which it was his
official duty to intervene
2) Experts, arbitrators, and private accountants who, in
like manner, took part in any contract or transaction
connected with the estate or property in the appraisal,
distribution or adjudication of which they had acted
3) Guardians and executors with respect to the property
belonging to their wards or the estate
CRIMES CALLED MALVERSATION OF PUBLIC
FUNDS OR PROPERTY
(ARTS. 217-221)
 ART. 217- MALVERSATION OF PUBLIC FUNDS 1. That the offender is a public officer, whether in the
OR PROPERTY service or separated therefrom
Punishable Acts: 2. That he must be an accountable officer for public
1) Appropriating public funds or property funds or property
2) Taking or misappropriating the same 3. That he is required by the law or regulation to render
3) Consenting or through abandonment or negligence, by accounts to the Comm. on Audit, or to the provincial
permitting any other person to take such public funds or auditor
property 4. That he fails to do so for a period of 2 mos. after such
accounts should be rendered
COMMON ELEMENTS:
1. That the offender is a public officer who has:
 Misappropriation is not necessary.
a. Official custody of public funds or property or
the duty to collect or receive funds due to the
 ART. 219- FAILURE OF A RESPONSIBLE
Government
PUBLIC OFFICER TO RENDER ACOUNTS
b. The obligation to account for them to the
BEFORE LEAVING THE COUNTRY
Government
ELEMENTS:
2. That he had the custody or control of funds or property
1. That the offender is a public officer
by reason of the duties of his office
2. That he must be an accountable officer for public
3. That those funds or property were public funds or
funds or property
property for which he was accountable
3. That he unlawfully left (or be on the point of leaving)
4. That he appropriated, took, misappropriated or
the Phils. without securing from the Comm. on Audit a
consented or through abandonment or negligence,
certificate showing that his accounts have been finally
permitted another person to take them
settled
MALVERSATION MAY BE COMMITTED BY
 ART. 220- ILLEGAL USE OF PUBLIC FUNDS OR
PRIVATE INDIVIDUALS IN THE FOLLOWING
PROPERTY
CASES:
This crime is known as technical malversation
1) Those in conspiracy with public officers guilty of
because the fund or property is already earmarked or
malversation;
appropriated for a certain public purpose.
2) Those who are accessory or accomplice to a public
officer;
ELEMENTS:
3) Custodian of public funds or property in whatever
1. That the offender is a public officer
capacity;
2. That there are public funds or property under his
4) Depositary or administrator of public funds or
administration
property.
3. That such public fund or property has been
appropriated by law or ordinance
 PRESUMPTION
4. That he applies the same to a public use other than that
When demand is made to the accountable officer
for which such fund or property has been appropriated
to account for the funds and property and the same is not
by law or ordinance.
forthcoming, the presumption is that he misappropriated the
funds.
MALVERSATION ILLEGAL USE
 Malversation is principally distinguished from  the public fund is to be  the public fund or
estafa by: applied to the personal use property is applied to
a. The public or private character of the accused & benefit of the offender or another public use
b. The nature of the funds of another person
c. The fact that conversion is not required in
malversation
d. The rule that there is no need of prior demand in  ART. 221-FAILURE TO MAKE DELIVERY OF
malversation PUBLIC FUNDS OR PROPERTY
e. The absence of a requirement of damage in Punishable Acts:
malversation 1) Failing to make payment by a public officer who is
under obligation to make such payment from the
Government funds in his possession
 ART. 218- FAILURE OF ACCOUNTABLE 2) Refusing to make delivery by a public officer who has
OFFICER TO RENDER ACCOUNTS been ordered by competent authority to deliver any
ELEMENTS: property in his custody or under his administration (refusal

44
must be malicious)
 ART. 222-OFFICERS INCLUDED IN THE
PROVISIONS
Private Individuals who may be liable under Art. 217-221:
1. Private individuals who, in any capacity
whatsoever, have charge of any national, provincial or
municipal funds, revenue or property
2. Administrator, depository of funds or property,
attached, seized, or deposited by public authority even
if such property belongs to a private individual
 ART. 223- CONNIVING WITH OR CONSENTING
TO EVASION
ELEMENTS:
1. That the offender is a public officer
2. That he had in his custody or charge a prisoner, either
detention prisoner, or prisoner by final judgement
3. That such prisoner escaped from his custody
4. That he was in connivance with the prisoner in the
latter’s escape
 ART. 224- EVASION THROUGH NEGLIGENCE
ELEMENTS:
1. That the offender is a public officer
2. That he is charged with the conveyance or custody of
a prisoner, either detention prisoner or prisoner by
final judgement
3. That such prisoner escapes through his negligence
 ART. 225-ESCAPE OF PRISONER UNDER THE
CUSTODY OF A PERSON NOT A PUBLIC OFFICER
ELEMENTS:
1. That the offender is a private person
2. That the conveyance or custody of a prisoner or
person under arrest is confided to him
3. That the prisoner or person under arrest escapes
4. That the offender consents to the escape of the
prisoner or person under arrest, or that the escape
takes place through his negligence
 ART. 226- REMOVAL, CONCEALMENT, OR
DESTRUCTION OF DOCUMENTS
ELEMENTS:
1. That the offender is a public officer
2. That he removes, destroys, conceals documents or
papers
3. That the said documents/ papers must be entrusted to
such public officer by reason of his office
4. That damage, whether serious or not, to a third party
or to the public interest should have been caused.
 ART. 227- OFFICER BREAKING THE SEAL
ELEMENTS:
1. That the offender is a public officer
2. That he is charged with the custody of papers or
property
45
3. That these papers or property are sealed by proper
authority
4. That he breaks the seal or permits them to be broken
 ART. 228- OPENING OF CLOSED DOCUMENTS
ELEMENTS:
1. That the offender is a public officer
2. That closed papers, documents, or objects are
entrusted to his custody
3. That he opens or permits to be opened said closed
papers, documents or objects
4. That he does not have the proper authority
 ART. 229- REVELATION OF SECRETS BY AN
OFFICER
Punishable Acts:
1) Revealing secrets known to the offending public
officer by reason of his official capacity
2) Delivering wrongfully papers or copies of papers of
which he may have charge and which should not be
published
 ART. 230- PUBLIC OFFICER REVEALING
SECRETS OF PRIVATE INDIVIDUAL
ELEMENTS:
1. That the offender is a public officer
2. That he knows of the secrets of a private individual by
reason of his office
3. That he reveals such secrets without authority or
justifiable reason
 ART. 231- OPEN DISOBEDIENCE
ELEMENTS:
1. That the offender is a judicial or executive officer
2. That there is a judgement, decision, or order of a
superior authority
3. That such judgment, decision, or order was made by a
superior authority and issued with all the legal
formalities
4. That the offender without any legal justification
openly refuses to execute the said judgement, decision
or order, which he is duty bound to obey
 ART. 232-DISOBEDIENCE TO ORDER OF
SUPERIOR OFFICER WHEN SAID ORDER WAS
SUSPENDED BY INFERIOR OFFICER
ELEMENTS:
1. That the offender is a public officer
2. That an order is issued by his superior for execution
3. That he has for any reason suspended the execution of
such order
4. That his superior disapproves the suspension of the
execution of the order
5. That the offender disobeys his superior despite the
disapproval of the suspension
 ART. 233-REFUSAL OF ASSISTANCE
ELEMENTS:
1. That the offender is a public officer
2. That a competent authority demands from the offender
that he lend his cooperation towards the administration
of justice or other public service
3. That the offender fails to do so maliciously
 ART. 234-REFUSAL TO DISCHARGE ELECTIVE
OFFICE
ELEMENTS:
1. That the offender is elected by popular election to a
public office
2. That he refuses to be sworn in or to discharge the
duties of said office
3. That there is no valid justification for such refusal.
 ART. 235-MALTREATMENT OF PRISONERS
ELEMENTS:
1. That the offender is a public officer or employee
2. That he has under his charge a prisoner or detention
prisoner
3. That he maltreats such prisoner:
a. By overdoing himself in the correction and
handling
i. By the imposition of punishments not
authorized by the regulations
ii. By inflicting such punishments (those
authorized) in a cruel and humiliating
manner
b. By maltreating such prisoner to extort a
confession or to obtain some information from
the prisoner
 ART. 236-ANTICIPATION OF DUTIES OF
PUBLIC OFFICE
ELEMENTS:
1. That the offender is entitled to hold a public office or
employment, either by election or appointment
2. That the law requires that he should first be sworn in
and/ or should first give a bond
3. That he assumes the performance of the duties and
powers of such office
4. That he has not taken his oath of office and/or given
the bond required by law
 ART. 237-PROLONGING PERFORMANCE OF
DUTIES AND POWERS
ELEMENTS:
1. That the offender is holding a public office
2. That the period provided by law, regulations, or
special provisions for holding such office, has already
expired
3. That he continues to exercise the duties and powers of
46
such office
 ART. 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
4. That he abandons his office to the detriment of the
public service
 ART. 239-USURPATION OF LEGISLATIVE
POWERS
ELEMENTS:
1. That the offender is an executive or judicial officer
2. That he (a) makes general rules/regulations beyond the
scope of his authority; (b) attempts to repeal a law (c)
suspends the execution thereof
 ART. 240-USURPATION OF EXECUTIVE
FUNCTIONS
ELEMENTS:
1. That the offender is a judge
2. That he (a) assumes a power pertaining to the
executive authorities, or (b) obstructs executive
authorities in the lawful exercise of their powers
 ART. 241- USURPATION OF JUDICIAL
FUNCTIONS
ELEMENTS
1. That the offender is an officer of the executive branch
of the Government.
2. That he (a) assumes judicial powers, or (b) obstructs
the execution of an order or decision rendered by any
judge within his jurisdiction
 ART. 242-DISOBEYING REQUEST FOR
DISQUALIFICATION
ELEMENTS:
1. That the offender is a public officer
2. That a proceeding is pending before such public
officer
3. That there is a question before the proper authority
regarding his jurisdiction which is not yet decided
4. That he has been lawfully required to refrain from
continuing the proceeding
5. That he continues the proceeding.
 ART. 243-ORDERS OR REQUESTS BY EXEC.
OFFICERS TO ANY JUDICIAL AUTHORITY
ELEMENTS:
1. That the offender is a public officer
2. That he addresses any order or suggestion to any
judicial authority
3. That the order or suggestion relates to any case or
business coming within the exclusive jurisdiction of
the courts of justice

 ART. 244-UNLAWFUL APPOINTMENTS
ELEMENTS:
1. That the offender is a public officer
2. That he nominates or appoints a person to a public
office
3. That such person lacks the legal qualification
4. That the offender knows that his nominee or appointee
lacks the qualifications at the time he made the
nomination or appointment
 ART. 245-ABUSES AGAINST CHASTITY
ELEMENTS:
1. Offender is a public officer
2. He solicits or makes immoral or indecent advances to
a woman
3. Such woman must be:
a) interested in matters pending before the offender
for decision, or with respect to which he is
required to submit a report to or consult with a
superior officer; or
b) under the custody of such offender who is a
warden or other public officer
c) wife, daughter, sister or relative within the same
degree by affinity of the person under the custody
of the offender
CRIMES AGAINST PERSONS
(ARTS. 246-266)
 ART. 246-PARRICIDE
ELEMENTS:
1. That a person is killed
2. That the deceased is killed by the accused
3. That the deceased is the father, mother, or child (not
less than 3 days old), whether legitimate or
illegitimate, or a legitimate other ascendant or
legitimate other descendant, or the legitimate spouse,
of the accused
 Cases of parricide when the penalty shall not be
reclusion perpetua to death:
1) parricide through negligence (art 365)
2) parricide by mistake (art 249)
3) parricide under exceptional circumstances
(art 247)
 ART. 247-DEATH OR PHYSICAL INJURIES
UNDER EXCEPTIONAL CIRCUMSTANCES
ELEMENTS:
1. That a legally married person or parent surprises his
spouse or his daughter, the latter under 18 yrs of age
and living with him, in the act of committing sexual
intercourse with another person
2. That he/ she kills any or both of them or inflicts upon
any or both of them any serous physical injury in the
act or immediately thereafter
47
3. That he has not promoted or facilitated the prostitution
of his wife or daughter, or that he or she has not
consented to the infidelity of the other spouse
 The discovery, the escape, the pursuit and the killing
must all form part of one continuous act
 Applicable only when the daughter is single
 ART. 248-MURDER
Unlawful killing of any person which is not parricide
or infanticide, provided that any of the ff. circumstances is
present:
1) With treachery, taking advantage of superior strength,
with the aid of armed men, or employing means to weaken
the defense, or of means or persons to insure or afford
impunity
2) In consideration of a price, reward, or a promise
3) By means of inundation, fire, poison, explosion,
shipwreck, stranding a vessel, derailment of or assault upon
a street car or locomotive, fall of an airship, by means of
motor vehicles, or with the use of any means involving
great waste and ruin
4) On occasion of any of the calamities enumerated in
the preceding par., or an earthquake, eruption of a volcano,
destructive cyclone, epidemic or any other public calamity
5) With evident premeditation
6) With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse
 ART. 249-HOMICIDE
 This is the unlawful killing of any person, which is
neither parricide, murder nor infanticide
 Intent to kill is conclusively presumed when death
results; evidence of intent to kill is important only in
attempted or frustrated homicide.
 ACCIDENTAL HOMICIDE - is the death of a
person brought about by a lawful act performed with
proper care and skill and without homicidal intent
 ART. 250-PENALTY FOR FRUSTRATED
PARRICIDE, MURDER, HOMICIDE
 ART. 251- DEATH CAUSED IN A TUMULTUOUS
AFFRAY
ELEMENTS:
1. That there be at least 4 persons
2. That they did not compose groups organized for the
common purpose of assaulting and attacking each
 other reciprocally
3. That several persons quarreled and assaulted one
another in a confused and tumultuous affray
4. That someone was killed in the course of the affray
5. That it cannot be ascertained who actually killed the
deceased
6. That the person or persons who inflicted serious
physical injuries or who used violence can be
identified
 ART. 252-PHYSICAL INJURIES IN A
TUMULTUOUS AFFRAY
ELEMENTS:
1. That there is a tumultuous affray as referred to in the
preceding article
2. That a participant or some participants thereof suffered
serious physical injuries or physical injuries of a less
serious nature
3. That the person responsible cannot be identified
4. That all those who appear to have used violence upon
the person of the offended party are known
 Injured party must be a participant in the affray
 ART. 253-GIVING ASSISTANCE TO SUICIDE
Punishable Acts:
1) Assisting another to commit suicide, whether the
suicide is consummated or not
2) Lending his assistance to another to commit suicide to
the extent of doing the killing himself
EUTHANASIA – “Mercy Killing” Practice of painlessly
putting to death a person suffering from some incurable
disease. Not considered as included in Art 253 because the
person killed does not want to die. A doctor who resorts to
euthanasia may be liable for murder.
 ART. 254-DISCHARGE OF FIREARM
ELEMENTS:
1. That the offender discharges a firearm against or at
another person
2. That the offender has no intention to kill that person
 ART. 255-INFANTICIDE
 This is the killing of any child less than 3 days (72
hours) of age
 Only the mother and maternal grandparents of the
child are entitled to the mitigating circumstance of
concealing the dishonor
 ART. 256-INTENTIONAL ABORTION
WAYS TO COMMIT:
1) By using violence upon the person of the pregnant
woman
2) By acting, without using violence and without the
48
consent of the woman (by administering drugs/beverages
upon a pregnant without her consent)
3) By acting, with the consent of the pregnant woman (by
administering drugs/beverages)
 ART. 257-UNINTENTIONAL ABORTION
REQUISITES:
1. Violence is used upon such pregnant woman without
intending an abortion
2. Violence is intentionally exerted
 ART. 258-ABORTION PRACTICED BY THE
WOMAN HERSELF OR BY HER PARENTS
The intentional abortion is caused by ---
1) The pregnant woman herself
2) Any other person, with her consent
3) Any of her parents, with her consent for the purpose of
concealing her dishonor
 Liability of pregnant woman is mitigated if the
purpose is to conceal dishonor
 No mitigation on the parents of the woman unlike
in infanticide
 ART. 259-ABORTION PRACTICED BY A
PHYSICIAN OR MIDWIFE AND DISPENSING OF
ABORTIVES
REQUISITES:
1. The offender be a physician or midwife,
2. That such person causes or assists in causing the
abortion
3. Said physician or midwife takes advantage of his
scientific knowledge or skill.
AS TO PHARMACISTS,
There is no proper prescription from a physician and the
offender dispenses any abortive substance.
 ART. 260-RESPONSIBILITY OF PARTICIPANTS
IN A DUEL
DUEL: Formal or regular combat previously concerted
between parties in the presence of two or more seconds of
lawful age on each side, who make selection of arms and
fix all other conditions of the fight.
PERSONS LIABLE:
1) The person who killed or inflicted physical injuries
upon his adversary, or both combatants in any other case, as
principals
2) The seconds, as accomplices
 ART. 261-CHALLENGING TO A DUEL
PUNISHABLE ACTS:
1) Challenging another to a duel
2) Inciting another to give or accept a challenge to a duel
3) Scoffing at or decrying another publicly for having
refused to accept a challenge to fight a duel
PERSONS LIABLE:
1) Challenger
2) Instigators
PHYSICAL INJURIES
 ART. 262-MUTILATION
 Offender must have the intention to deprive the
offended party of a part of his body.
 ART. 263-SERIOUS PHYSICAL INJURIES
SERIOUS PHYSICAL INJURIES:
1) When the injured person becomes insane, impotent,
imbecile, or blind in consequence of the physical injuries
inflicted
2) When the injured person loses the use of speech, or
the power to hear or to smell, loses an eye, a hand, a foot,
an arm, or a leg, or loses the use of any of such member, or
becomes incapacitated for the work in which he was
habitually engaged in consequence of the physical injuries
3) When the person injured, becomes deformed, or loses
any other member of his body, or becomes ill or
incapacitated for the performance of the work in which he
was habitually engaged for more than 90 days, in
consequence of the physical injuries inflicted
4) When the injured person becomes ill or incapacitated
for labor for more than 30 days but not more than 90
days as a result of the physical injuries inflicted
 Medical attendance not necessary
DEFORMITY requisites:
1) Physical ugliness
2) Permanent and definite abnormality
3) Conspicuous and visible
4) There must be no intent to kill, otherwise, the crime
would be frustrated or attempted murder, parricide,
homicide as the case may be
QUALIFYING CIRCUMSTANCES:
1) Offense committed against persons enumerated in the
crime of parricide
2) With the attendance of circumstance which qualify
the crime to murder
 The “qualified penalties” are not applicable to
parents who inflict serious physical injuries upon their
children by excessive chastisement
 ART. 264- ADMINISTERING INJURIOUS
SUBSTANCES OR BEVERAGES
49
ELEMENTS:
1. That the offender inflicted upon another any serious
physical injuries
2. That it was done by knowingly administering to him
any injurious substances or beverages or by taking
advantage of his weakness of mind or credulity
3. That he had no intention to kill (otherwise frustrated
murder)
 ART. 265-LESS SERIOUS PHYSICAL INJURIES
ELEMENTS:
1. The offended party is incapacitated for labor for 10
days or more but not more than 30, or needs
attendance for the same period
2. The physical injuries must not be those described in
the preceding articles
QUALIFIED LESS SERIOUS PHYSICAL INJURIES
1) There is manifest intent to insult or offend the injured
person
2) There are circumstances adding ignominy
3) When the victim is either the offender’s parents,
ascendants, guardians, curators or teachers; Persons of rank
or persons in authority, provided the crime is not direct
assault
 ART. 266-SLIGHT PHYSICAL INJURIES
KINDS:
1) Physical injuries which incapacitated the offended
party from one to nine days, or required medical attendance
during the same period
2) Physical injuries which did not prevent the offended
party from engaging in his habitual work or which did not
require medical attendance
3) Ill-treatment of another by deed without causing any
injury
 ART. 266-A - THE NEW ANTI-RAPE LAW
(RA8353)
Classification of Rape
1) Traditional - under Art 335
2) Sexual Assault - RA 8353
REPUBLIC ACT 8353
How rape is committed:
1) By a man who shall have carnal knowledge of a woman
under any of the ff. circumstances:
a) Through force, threat or intimidation
b) When the offended party is deprived of
reason or otherwise unconscious
c) By means of fraudulent machination or
grave abuse of authority
d) When the offended party is under 12 years
of age or is demented even though none of
the circumstances mentioned above be
 present
5) By “any person” (male or female) who, under any of the
circumstances mentioned in par. 1 hereof, shall commit an
act of sexual assault by inserting his penis into another
person’s mouth, or anal orifice or any instrument or object,
into the genital or anal orifice of another person
AGGRAVATING/QUALIFYING CIRCUMSTANCES :
punishable by death
1) When the victim is under 18 years of age and the
offender is a parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity within the third civil
degree, or the common law spouse of the parent of the
victim
2) When the victim is under the custody of the police or
military authorities or any law enforcement or penal
institution
3) When the rape is committed in full view of the spouse,
parent, or any of the children or other relatives within the
third civil degree of consanguinity
4) When the victim is a religious engaged in legitimate
religious vocation or calling and is personally known to be
such by the offender before or at the time of the
commission of the crime
and the offended party shall extinguish criminal liability
(only as to the husband)
2) The subsequent forgiveness of the wife to the legal
husband
 CRIMES AGAINST LIBERTY
(ARTS. 267-274)
 ART. 267-KIDNAPPING AND SERIOUS
ILLEGAL DETENTION
ELEMENTS:
1. That the offender is a private individual
2. That he kidnaps or detains another, or in any manner
deprives the latter of his liberty
3. That the act of detention or kidnapping must be illegal
4. That in the commission of the offense, any of the ff.
circumstances is present:
a) That the kidnapping or detention lasts for
more than 3 days
b) That it is committed simulating public
authority
c) That any serious physical injuries are
inflicted upon the person kidnapped or
detained or threats to kill him are made
d) That the person kidnapped or detained is a
minor, except when the accused is any of the
parents, a female or a public officer

5) When the victim is a child below 7 years old
6) When the offender knows that he is afflicted with
HIV/AIDS or any other sexually transmissible disease and
the virus or disease is transmitted to the victim
7) When committed by any member of the AFP
or para-military units thereof of the PNP or any law
enforcement agency or penal institution, when the offender
took advantage of his position to facilitate the commission
of the crime
QUALIFYING CIRCUMSTANCES: DEATH
PENALTY
1) Purpose is to extort ransom
2) If victim is killed, raped or tortured as a consequence
 COMPLEX CRIME OF KIDNAPPING WITH
MURDER – when victim is killed because of his
refusal to pay the ransom; kidnapping being necessary
to commit the murder; but where he was taken for the
purpose of killing him and not for detaining him,
crime committed is MURDER

8) When by reason or on the occasion of the rape, the ILLEGAL DETENTION ARBITRARY
victim has suffered permanent physical mutilation or DETENTION
disability  Committed by a private  Committed by a public
individual who unlawfully officer or employee who
9) When the offender knew of the pregnancy of the kidnaps, detains or detains a person without
offended party at the time of the commission of the crime otherwise deprives a person legal ground
of liberty
10) When the offender knew of the mental disability,  Crime is against personal  Crime against the
emotional disorder and/ or physical disability of the liberty and security fundamental law of the
offended party at the time of the commission of the crime State
 Death shall also be imposed when homicide is
committed  ART. 268- SLIGHT ILLEGAL DETENTION
ELEMENTS:
EFFECT OF PARDON: 1. That the offender is a private individual
1) The subsequent valid marriage between the offender 2. That he kidnaps or detains another, or in any manner

50
 deprives him of his liberty 1. That the offender purchases, sells, kidnaps, or detains
3. That the act of kidnapping or detention is illegal a human being
4. That the crime is committed without the attendance of 2. That the purpose of the offender is to enslave such
any of the circumstances enumerated in 267 human being

LIABILITY MITIGATED WHEN:  ART. 273-EXPLOITATION OF CHILD LABOR

1) Offender voluntarily releases the person so kidnapped
or detained within three days from the commencement of
the detention,
2) without having attained the purpose intended, and
3) before the institution of criminal proceedings against
him
ELEMENTS:
1. The offender retains a minor in his service
2. That it is against the will of the minor
3. That it is under the pretext of reimbursing himself of a
debt incurred by an ascendant, guardian or person
entrusted with the custody of such minor

 ART. 269-UNLAWFUL ARREST  ART. 274- SERVICES RENDERED UNDER

ELEMENTS: COMPULSION IN PAYMENT OF DEBT
1. That the offender arrests or detains another person ELEMENTS:
2. That the purpose of the offender is to deliver him to 1. That the offender compels a debtor to work for him,
the proper authorities either as household servant or farm laborer
3. That the arrest or detention is not authorized by law 2. That it is against the debtor’s will
3. That the purpose is to require or enforce the payment
ART.125 ART.269 of a debt
 Detention is for some  Detention is not
legal ground authorized by law  CRIMES AGAINST SECURITY
(ARTS. 275-292)
 Crime is committed by  Committed by making an  ART. 275-ABANDONMENT OF PERSONS IN
failing to deliver such arrest not authorized by law DANGER AND ABANDONMENT OF ONE’S OWN
person to the proper judicial VICTIM
authority within a certain PUNISHABLE ACTS:
period of time 1) Failing to render assistance to any person whom the
offender finds in an uninhabited place, wounded or in
danger of dying, when he can render such assistance
without detriment to himself, unless such omission shall
 ART. 270- KIDNAPPING AND FAILURE TO constitute a more serious offense
RETURN A MINOR
ELEMENTS: 2) Failing to help/ render assistance to another whom the
1. That the offender is entrusted with the custody of a offender has accidentally wounded or injured
minor person (over or under 7 but less than 21)
2. That he deliberately fails to restore the said minor to 3) Failing to deliver a child, under seven yrs. whom the
his parents or guardian offender has found abandoned, to the authorities or to his
family, or by failing to take him to a safe place
 When committed by either parent, penalty is only
arresto mayor.  ART. 276-ABANDONING A MINOR
ELEMENTS:
 ART. 271- INDUCING A MINOR TO ABANDON 1. That the offender has the custody of a child
HIS HOME 2. That the child is under seven yrs.
3. That he abandons such child
 Inducement must be (1) actual, and (2) committed 4. That he has no intent to kill the child when the latter is
with criminal intent abandoned

 Father or mother may commit crimes under Arts. 270
& 271 – where they are living separately and the
custody of the minor child has been given to one of
them
 ART. 272-SLAVERY
ELEMENTS:
 ART. 277-ABANDONMENT OF MINOR BY
PERSON ENTRUSTED WITH HIS CUSTODY;
INDIFFERENCE OF PARENTS
ELEMENTS OF ABANDONMENT OF MINOR:
1. That the offender has charge of the rearing or
education of a minor
2. That he delivers said minor to a public institution or
other persons

51
3. That the one who entrusted such child to the offender ART.280 ART. 281
has not consented to such act, or if the one who  Offender is a private  The offender is any person
entrusted such child to the offender is absent, the person
proper authorities have not consented to it  Offender enters a dwelling  Offender enters closed
house premises or fenced estate
ELEMENTS OF INDIFFERENCE OF PARENTS:
1. That the offender is a parent
2. That he neglects his children by not giving them
 Place entered is inhabited  Place entered is
education
uninhabited
3. That his station in life requires such education and his
financial condition permits it  Act constituting the crime  It is the entering the
4. Failure to give education must be due to deliberate is entering the dwelling closed premises or the
desire to evade such obligation against the will of the fenced estate without
owner; securing the permission of
 ART. 278-EXPLOITATION OF MINORS the owner or caretaker
Prohibited Acts: thereof
1) Causing any boy or girl under 16 to perform any
dangerous feat of balancing, physical strength, or  Prohibition to enter is  Prohibition to enter must
contortion, the offender being any person express or implied be manifest

2) Employing children under 16 who are not children or

descendants of the offender in exhibitions of acrobat,
gymnast, rope-walker, diver, or wild animal tamer, the
offender being an acrobat, etc, or circus mgr. or engaged in
a similar calling
3) Employing any descendant under 12 years of age in
dangerous exhibitions enumerated in the next preceding
par., the offender being engaged in any of the said callings
4) Delivering a child under 16 gratuitously to any person
ff. any callings enumerated, or to any habitual vagrant or
beggar, the offender being an ascendant, guardian, teacher,
or person entrusted in any capacity with the care of such
child
5) Inducing any child under 16 to abandon the home of
its ascendants, guardians, curators or teachers to follow any
person engaged in any callings mentioned or to accompany
any habitual vagrant or beggar, the offender being any
person
Note: RA 7610 punishes abuse, exploitation and
discrimination of minors
 ART. 280-QUALIFIED TRESPASS TO
DWELLING
ELEMENTS:
1. That the offender is a private person
2. That he enters the dwelling of another
3. That such entrance is against the latter’s will
 Qualified if committed by means of
violence/intimidation
 ART. 281-OTHER FORMS OF TRESPASS
 ART. 282-GRAVE THREATS
Prohibited Acts:
Threatening another with the infliction upon his person,
honor, or property or that of his family any wrong
amounting to a crime:
a) Demanding money or imposing a condition
b) Without any such demand or condition
Qualifying Circumstance:
If threat was made in writing or through a
middleman
 ART. 283- LIGHT THREATS
ELEMENTS:
1. That the offender makes threat to commit a wrong
2. That the wrong does not constitute a crime
3. That there is a demand for money or that other
condition is imposed, even though not unlawful
 Blackmailing may be punished under Art. 283
 ART. 284- BOND FOR GOOD BEHAVIOR
 ART. 285-OTHER LIGHT THREATS
Prohibited Acts:
1) Threatening another with a weapon, or by drawing
such weapon in a quarrel, unless it be in lawful self-defense
2) Orally threatening another, in the heat of anger, with
some harm constituting a crime, without persisting in the
idea involved in his threat
3) Orally threatening to do another any harm not
constituting a felony
 ART. 286-GRAVE COERCION
ELEMENTS:
1. That a person prevented another from doing
something not prohibited by law, or by

52
 compelling him to do something against his will, be it ELEMENTS:
right or wrong 1. That the offender is a manager, employee or servant
2. That the prevention or compulsion be effected by 2. That he learns the secrets of his principal or master in
violence, either by material force or such display of such capacity
force as would produce intimidation and control the 3. That he reveals such secrets
will of the offended party
3. That the person that restrained the will and liberty of  Damage not necessary
another had no authority
 ART. 292-REVELATION OF INDUSTRIAL
 ART. 287- LIGHT COERCION SECRETS
ELEMENTS:
1. That the offender must be a creditor ELEMENTS:
2. That he seizes anything belonging to his debtor 1. That the offender is a person in charge, employee or
3. That the seizure of the thing be accomplished by workman of a manufacturing or industrial
means of violence or a display of material force establishment
producing intimidation 2. That the manufacturing/industrial establishment has a
4. That the purpose of the offender is to apply the same secret of the industry which the offender has learned
to the payment of the debt 3. That the offender reveals such secrets
4. That prejudice is caused to the owner
UNJUST VEXATION includes any human conduct
which, although not productive of some physical or
material harm would, however, unjustly annoy or vex an CRIMES AGAINST PROPERTY
innocent person. (ARTS. 293-331)
 ART. 293-ROBBERY
 ART. 288- OTHER SIMILAR COERCIONS
(COMPULSORY PURCHASE OF MERCHANDISE & CLASSIFICATION OF ROBBERY
PAYMENT OF WAGES BY MEANS OF TOKENS) 1. Robbery with violence against, or intimidation of
Prohibited Acts: persons (294,297,298)
1) Forcing or compelling, directly or indirectly, or 2. Robbery by use of force upon things (299& 302)
knowingly permitting the forcing or compelling of the
laborer or employee of the offender to purchase ELEMENTS OF ROBBERY IN GENERAL:
merchandise or commodities of any kind from him 1. That there be personal property belonging to another;
2) Paying the wages due his laborer or employee by 2. That there is unlawful taking of that property
means of tokens or objects other than the legal tender 3. That the taking must be with intent to gain
currency of the Phil., unless expressly requested by such 4. That there is violence against or intimidation of any
laborer or employee person/ or force used upon things

 ART. 289-FORMATION, MAINTENANCE, &
PROHIBITION OF COMBINATION OF CAPITAL
OR LABOR THROUGH VIOLENCE OR THREATS
Pls see Labor Code Arts. 263, 264, 272 and 288
 Violence or intimidation must be present before the
taking of personal property is complete
 REPUBLIC ACT 6539 applies when the property
taken in robbery is a motor vehicle (CARNAPPING)

 ART. 290- DISCOVERING SECRETS THROUGH CLASS I

SEIZURE OF CORRESPONDENCE  ART. 294- ROBBERY WITH VIOLENCE
ELEMENTS: AGAINST OR INTIMIDATION OF PERSONS
1. That the offender is a private individual or even a
public officer not in the exercise of his official  This article punishes robbery with either homicide,
function rape, mutilation, arson, serious physical injuries or
2. That he seizes the papers or letters of another with clearly unnecessary violence. These offenses are
3. That the purpose is to discover the secrets of such known as SPECIAL COMPLEX CRIMES.
other person
4. That offender is informed of the contents of the papers ROBBERY BRIBERY
or letters seized  The victim is deprived of  He parts with his money
his money, property by in a sense voluntarily
 ART. 291-REVEALING SECRETS WITH ABUSE force or intimidation
OF OFFICE

53
  ART. 295- ROBBERY WITH PHYSICAL
INJURIES, COMMITTED IN AN UNINHABITED
PLACE AND BY A BAND OR WITH THE USE OF
FIREARM ON A STREET, ROAD OR ALLEY
Qualified Robbery with Force or Intimidation of
Persons:
Nos. 3,4,5 of Article 294: if committed-
1) In an uninhabited place; or
2) By a band; or
3) By attacking a moving train, street car, motor vehicle,
or airship; or
4) By entering the passengers’ compartments in a train,
or in any manner taking the passengers by surprise in the
respective conveyances; or
5) On a street, road, highway, or alley, and the
intimidation is made with the use of firearms, the offender
shall be punished by the maximum periods of the proper
penalties prescribed in 294.
 ART. 296- DEFINITION OF A BAND AND
PENALTY INCURRED BY THE MEMBERS
THEREOF
OUTLINE
1) When at least four armed malefactors take part in the
commission of a robbery, it is deemed committed by a
band.
2) When any of the arms used in the commission of
robbery is not licensed, the penalty upon all the malefactors
shall be the maximum of the corresponding penalty
provided by law without prejudice to the criminal liability
for illegal possession of such firearms.
3) Any member by a band who was present at the
commission of a robbery by the band, shall be punished as
principal of any of the assaults committed by the band,
unless it be shown that he attempted to prevent the same.
 ART. 297-ATTEMPTED AND FRUSTRATED
ROBBERY COMMITTED UNDER CERTAIN
CIRCUMSTANCES
 SPECIAL COMPLEX CRIME: When robbery is
attempted or frustrated but homicide is attendant
 ART. 298-EXECUTION OF DEEDS BY MEANS
OF VIOLENCE OR INTIMIDATION
ELEMENTS:
1. That the offender has intent to defraud another
2. That the offender compels him to sign, execute, or
deliver any public instrument or document
3. That the compulsion is by means of violence or
intimidation
CLASS II
ROBBERY BY THE USE OF FORCE UPON THINGS
54
 ART. 299- ROBBERY IN AN INHABITED HOUSE/
PUBLIC BUILDING OR EDIFICE DEVOTED TO
WORSHIP
ELEMENTS: (Subdivision A)
1. The offender entered (a) an inhabited house (b) a
public building or (c) an edifice devoted to religious
worship
2. The entrance was effected by any of the following
means:
a) Through an opening not intended for
entrance or egress;
b) By breaking any wall, roof, floor, door or
window;
c) By using false keys, picklocks or similar
tools; or
d) By using any fictitious name or pretending
the exercise of public authority
 The whole body of the culprit must be inside the
building to constitute entering
ELEMENTS: (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.
2. The offender takes personal property belonging to
another with intent to gain under any of the following
circumstances:
a. by the breaking of doors, wardrobes, chests,
or any other kind of sealed furniture or
receptacle
b. by taking such furniture or objects away to
be broken or forced open outside the place
of the robbery
 If the locked or sealed receptacle is not forced open,
crime is estafa or theft.
 ART. 300- ROBBERY IN AN UNINHABITED
PLACE AND BY A BAND
 When committed in an uninhabited place AND by a
band, as distinguished from Qualified Robbery with
Violence or Intimidation of Persons (Art 295) which is
committed in an uninhabited place OR by a band.
 ART. 302 - ROBBERY IN AN UNINHABITED
PLACE OR IN A PRIVATE BUILDING
 Same manner of commission as Article 299
 ART. 304- POSSESSION OF PICKLOCKS OR
SIMILAR TOOLS
ELEMENTS:
1. That the offender has in his possession picklocks or
similar tools
2. That such picklocks or similar tools are specially
adopted to the commission of robbery
3. That the offender does not have lawful cause for such  What distinguishes THEFT from ROBBERY is that
possession in theft the offender does not use violence or
intimidation or does not enter a house or building
 ART. 305 FALSE KEYS through any of the means specified in Art. 299 or Art.
INCLUSIONS: 302 in taking personal property of another with intent
1. Tools not mentioned in the next preceding article to gain
2. Genuine keys stolen from the owner
3. Any keys other than those intended by the owner for  ART. 310-QUALIFIED THEFT
use in the lock forcibly opened by the offender There is qualified theft in the ff. instances:
1) If theft is committed by a domestic servant
 PRESIDENTIAL DECREE 532 – modified Art 306
& 307 2) If committed with grave abuse of confidence
 ART. 306 BRIGANDAGE
ELEMENTS: 3) If the property stolen is a motor vehicle, mail matter,
1. There be at least four armed persons. or large cattle
2. They formed a band of robbers.
3. The purpose is any of the following: 4) If the property stolen consists of coconuts taken from
a) To commit robbery in a highway; or the premises of plantation
b) To kidnap persons for the purpose of
extortion or to obtain ransom; or 5) If the property stolen is fish taken from a fishpond or
c) To attain by means of force or fishery
violence any other purpose
6) If property is taken on the occasion of fire, earthquake,
Any person who aids or abets the commission of typhoon, volcanic eruption, or any other calamity, vehicular
highway robbery or brigandage shall be considered accident or civil disturbance
accomplices.
a) by giving information about the movement PRESIDENTIAL DECREE 533 – ANTI-CATTLE
of police or other peace officers of the RUSTLING LAW OF 1974
government CATTLE RUSTLING – the taking away by any means,
b) acquires or receives property taken from method or scheme, without the consent of the owner/raiser,
such brigands of any of the animals (classified as large cattle) whether or
c) in any manner derives any benefit therefrom not for profit or gain, or whether committed with or without
d) directly/indirectly abets the commission of violence against or intimidation of any person or force
highway robbery upon things. It includes the killing of large cattle, or taking
its meat or hide without the consent of the owner /raiser.
BRIGANDAGE ROBBERY IN BAND
1. Purpose: commit robbery 1. Purpose: commit robbery, Note: Cattle rustling is mala in se since PD 533 is an
in highway; or to kidnap not necessarily in highways amendment to Arts. 308, 309 and 310 of the RPC (TAER
person for ransom; or any vs. CA)
other purpose attained by
force and violence ANTI-FENCING LAW
2. Agreement is to commit 2. Agreement to commit a (PD #1612)
several robberies particular robbery  Section 2. Definition of Terms.
3. Mere formation is 3. Actual commission of
punished robbery necessary Fencing - the act of any person who, w/ intent to gain for
himself or for another, shall buy, receive, possess, keep,
 ART. 308-WHO ARE LIABLE FOR THEFT acquire, conceal, sell, or dispose of, or shall buy and sell, or
ELEMENTS: in any other manner deal any article, item, object or
1. That there be taking of personal property anything of value w/c he knows, or should be known to
2. That said property belongs to another him, to have been derived from the proceeds of the crime of
3. That the taking be done with intent to gain robbery or theft.
4. That the taking be done without the consent of the
owner  Section 5. Presumption of Fencing.
5. That the taking be accomplished without the use of
violence against or intimidation of persons or force Mere possession of any good, article, item, object, or
upon things anything of value w/c has been the subject of robbery or
thievery shall be prima facie evidence of fencing.

55
 CONFIDENCE
 Section 6. Clearance/Permit to Sell Used/ Second Hand
Articles. ELEMENTS OF 315, NO.1 (A):
1. That the offender has an onerous obligation to deliver
 All stores, establishments or entities dealing in the buy something of value
and sell of any good, article, item, object or anything 2. That he alters its substance, quantity or quality
of value shall before offering the same for sale to the 3. That damage or prejudice is caused to another
public, secure the necessary clearance or permit from
the station commander of the Integrated National ELEMENTS OF 315, NO.1 (B)
Police in the town or city where such store, 1. That money, goods, or other personal property be
establishment or entity is located. received by the offender in trust, or on commission, or
for administration, or under any other obligation
 Any person who fails to secure the required involving the duty to make delivery of, or to return,
clearance/permit shall also be punished as a fence. the same
2. That there be misappropriation or conversion of such
money or property by the offender, or denial on his
CRIMES CALLED USURPATION part of such receipt
(ARTS. 312 & 313) 3. That such misappropriation or conversion or denial is
 ART. 312- OCCUPATION OF REAL PROPERTY to the prejudice of another
OR USURPATION OF REAL RIGHTS IN PROPERTY 4. That there is demand made by the offended party to
ELEMENTS: the offender
1. That the offender takes possession of any real property
or usurps any real rights in property THEFT ESTAFA
2. That the real property or real rights belong to another  if he had acquired only the  if in receiving the thing
3. That violence against or intimidation of persons is material or physical from the offended party, the
used by the offender in occupying real property or possession of the thing offender acquired also the
usurping real property or usurping real rights in juridical possession of the
property thing and he later
4. That there is intent to gain misappropriated it

THEFT/ROBBERY ART.312 ESTAFA MALVERSATION

 Personal property is taken  Real property or real right  The funds or property are  Usually public funds or
involved private property
 Offender is a private  Offender who is usually a
individual or even a public public officer is
 ART.313 - ALTERING BOUNDARIES OR officer who is not accountable for public
LANDMARKS accountable for public funds or property
ELEMENTS: funds or property
1. That there be boundaries marks or monuments of
 Crime is committed by  Crime is committed by
towns, provinces, or estates, or any other marks
misappropriating, appropriating, taking or
intended to designate the boundaries of the same
converting or denying misappropriating or
2. That the offender alters said boundary marks
having received money, consenting, or through
goods, or other personal abandonment or negligence,
 ART. 314- FRAUDULENT INSOLVENCY
property permitting any other person
ELEMENTS:
to take the public funds or
1. That the offender is a debtor
property
2. That he absconds with his property
ELEMENTS OF 315, NO.1 (C)
3. That there be prejudice to his creditors
1. That the paper with the signature of the offended party
 ART. 315-SWINDLING/ESTAFA
be in blank
ELEMENTS in general
2. That the offended party should have delivered it to the
1. That the accused defrauded another by abuse of
offender
confidence, or by means of deceit
3. That above the signature of the offended party a
2. That damage or prejudice capable of pecuniary
document is written by the offender without authority
estimation is caused to the offended party or third
to do so
persons
4. That the document so written creates a liability of, or
causes damage to the offended party or any third
ESTAFA WITH UNFAITHFULNESS OR ABUSE OF

56
 person
ESTAFA BY MEANS OF DECEIT (Art. 315, nos. 2 and
3)
ELEMENTS OF 315, NO.2:
1. That there must be false pretense, fraudulent act or
fraudulent means
2. That such false pretense, fraudulent act or fraudulent
means must be made or executed prior to or
simultaneously with the commission of fraud
3. That the offended party must have relied on the false
pretense, fraudulent act, or fraudulent means, that is,
he was induced to part with is money or property
because of the false pretense, fraudulent act, or
fraudulent means
4. That as a result thereof, the offended party suffered
damage
315 NO.2 (A)
1) By using a fictitious name
2) By falsely pretending to possess power, influence,
qualifications, property, credit, agency, business or
imaginary transactions
3) By means of other similar deceits
d. That the check is subsequently dishonored by the
drawee bank for the insufficiency of funds or
would have been dishonored for the same reason
had not the drawer, without any valid reason
ordered the bank to stop payment.
2) Failing to keep sufficient funds to cover check if
presented within a period of 90 days from the date
appearing thereon.
Elements:
a. That a person has sufficient funds with the
drawee bank when he makes or issues a check.
b. That he fails to keep sufficient funds or to
maintain a credit to cover the full amount if
presented within a period of 90 days from the
date of appearing thereon.
c. That the check is dishonored.
VACA CASE:
Imposed only the fine and not imprisonment.
However, in case of insolvency then subsidiary
imprisonment is applied.
It does not, however, altogether remove from the trial
court the discretion to impose the penalty of imprisonment
when the circumstances so warrant.

315 No.2 (B)  Prosecution under BP 22 shall be without prejudice to

By altering the quality, fineness or weight of any liability for any violation in the RPC.
anything pertaining to his business
 The fine under BP22 is based on the amount of the
315 No.2 (C) check and is without regard to the amount of damaged
By pretending to have bribed any Government caused.
employee
BP22 RPC
ELEMENTS OF 315 No. 2 (D) 1. endorsers are not 1. endorsers who acted
1. That the offender postdated a check, or issued a check liable; with deceit knowing that the
in payment of an obligation check is worthless will be
2. That such postdating or issuing a check was done criminally liable;
when the offender had no funds in the bank, or his 2. malum prohibitum; 2. malum in se;
funds deposited therein were not sufficient to cover
the amount of the check 3. Issuance of check is 3. It is the means to
for value or on account; obtain the valuable
 BATAS PAMBANSA 22 consideration from the
Bouncing Checks Law payee (debt is not pre-
Section 1. Checks Without Sufficient Funds existing).
4. a crime against public 4. a crime against
2 Offenses punished in BP 22 interest because it affects property;
1) Making or Drawing and issuing a check knowing at the entire banking system;
the time of issue that he does not have sufficient funds. 5. Deceit and damage are 5. False pretenses or
Elements: not elements of the crime; deceit and damage or at
a. That a person draws a check. The gravamen of the least intent to cause damage
b. That the check is made or drawn and issued to offense is the issuance of are essential and the false
apply on account or for value. the check pretenses must be prior to or
c. That the person knows that at the time of issue he simultaneous with the
does not have sufficient funds in or credit with damage caused.
the drawee bank for the payment of such check
6. The drawer is given 5 6. given 3 days after
upon its presentment.
days after receiving notice receiving notice of

57
of dishonor within which to dishonor; 1) Any person who, pretending to be the owner of any
pay or make arrangements real property, shall convey, sell, encumber or mortgage the
for payment; same
7. that there are no funds 7. that there are no funds
or there are insufficient or no sufficient funds at the 2) Any person who, knowing that real property is
funds at the time of time of issuance or at the encumbered, shall dispose of the same, although such
issuance time of presentment if made encumbrance be not recorded
within 90 days
3) The owner of any personal property who shall
3 WAYS TO COMMIT 315, NO. 2(E) wrongfully take it from its lawful possessor, to the
1) By obtaining food, refreshment or accommodation at prejudice of the latter or any third person
hotel, inn, restaurant, boarding house, lodging house or
apartment house without paying therefor, with intent to 4) Any person who, to the prejudice of another, shall
defraud the proprietor or manager thereof execute any fictitious contract
2) By obtaining credit at any of the said establishments
by the use of any false pretense 5) Any person who shall accept any compensation given
3) By abandoning or surreptitiously removing any part of under the belief that it was in payment of services rendered
his baggage from any of the said establishment after or labor performed by him, when in fact he did not actually
obtaining credit, food, refreshment or accommodation perform such services or labor
therein, without paying
6) Any person who, while being a surety in a bond given
ELEMENTS OF 315 NO. 3 (A) in a criminal or civil action, without express authority from
1. That the offender induced the offended party to sign a the court or before the cancellation of his bond or before
document being relieved from the obligation contracted by him, shall
2. The deceit be employed to make him sign the sell, mortgage, or, in any other manner, encumber the real
document property or properties with which he guaranteed the
3. That the offended party personally signed the fulfillment of such obligation
document
4. That prejudice be caused  ART. 317-SWINDLING A MINOR
ELEMENTS:
315 No. 3 (B) - resorting to some fraudulent practice to 1. That the offender takes advantage of the inexperience
insure success in a gambling game or emotions or feelings of a minor
2. That he induces such minor to assume an obligation,
ELEMENTS OF 315 NO. 3 (C) or to give release, or to execute a transfer of any
1. That there be court record, office files, documents or property right
any other papers 3. That the consideration is some loan of money, credit,
2. That the offender removed, concealed or destroyed or other personal property
4. That the transaction is to the detriment of such minor
any of them
3. That the offender had intent to defraud another  ART. 318- OTHER DECEITS
1) By defrauding or damaging another by any other
deceit not mentioned in the preceding articles
2) By interpreting dreams, by making forecasts, by
telling fortunes, by taking advantage of the credulity of the
public in any other similar manner, for profit or gain
INFIDELITY IN ESTAFA (Art.315C)
CUSTODY OF  ART 319- REMOVAL, SALE OR PLEDGE OF
DOCUMENT (Art.226) MORTGAGED PROPERTY
 Offender is a public  The offender is a private ELEMENTS: (par 1)
officer who is officially individual who is not 1. personal property mortgaged under Chattel Mortgage
entrusted with the document officially entrusted with the Law
documents 2. Offender knows such mortgage
3. He removes personal property to any province or city
other than the one in which it was located at the time
 ART. 316- OTHER FORMS OF SWINDLING of the execution of the mortgage
PERSONS LIABLE: 4. Removal is permanent
5. No written consent of mortgagee, executors,

58
 administrators or assigns to such removal
ELEMENTS: (par 2)
1. Personal property pledged under CML
2. Offender, who is the mortgagor, sells or pledges the
same property or any part thereof
3. No consent of mortgagee written at the back of
mortgage and noted on the record thereof in the Office
of the Register of Deeds
 Damage to the mortgagee not essential
 ART. 320-326-b REPEALED BY PD 1613
 PD 1613 – AMENDING THE LAW ON ARSON
ARSON – when any person burns or sets fire to the
property of another; or to his own property under
circumstances which expose to danger the life or property
of another
DESTRUCTIVE ARSON
1) Any ammunition factory and other establishment
where explosives, inflammable or combustible materials
are stored
2) Any archive, museum, whether public or private, or
any edifice devoted to culture, education or social services.
3) Any train, airplane or any aircraft, vessel or
watercraft, or conveyance for transportation of persons or
property
4) Any church or place of worship or other building
where people usually assemble
5) Any building where evidence is kept for use in any
legislative, judicial, administrative or other official
proceeding
6) Any hospital, hotel, dormitory, lodging house, housing
tenement, shopping center, public or private market, theater
or movie house or any similar place or building
7) Any building, whether used as a dwelling or not,
situated in a populated or congested area
OTHER CASES OF ARSON
1) Any building used as offices of the Government or
any of its agencies
2) Any inhabited house or dwelling
3) Any industrial establishment, shipyard, oil well or
mine shaft, platform or tunnel
4) Any plantation, farm, pasture land, growing crop or
grain field, orchard, bamboo grove or forest
5) Any rice mill, sugar mill, cane mill or mill central
6) Any railway or bus station, airport, wharf, or
warehouse
SPECIAL AGGRAVATING CIRCUMSTANCES IN
ARSON
1) If committed with intent to gain
2) If committed for the benefit of another
3) If the offender be motivated by spite or hatred towards
59
the owner or occupant of the property burned
4) If committed by a syndicate
 The offense is committed by a syndicate if it is
planned or carried out by a group of three or more
persons
 If a part of the building commences to burn, the crime
is consummated arson, however small is the portion
burned.
 When there is fire, the crime committed is either
frustrated or consummated arson, never attempted.
 Mere conspiracy to commit arson is punishable.
 ART. 327 – MALICIOUS MISCHIEF
ELEMENTS:
1. That the offender deliberately caused damage to the
property of another
2. That such act does not constitute arson or other crimes
involving destruction
3. That the act of damaging another’s property be
committed merely for the sake of damaging it
 ART. 328 SPECIAL CASES OF MALICIOUS
MISCHIEF (QUALIFIED)
1) Causing damage to or obstructing the performance of
public functions
2) Using poisonous or corrosive substances
3) Spreading any infection or contagion among cattle
4) Causing damage to the property of the National
Museum or National Library, or to any archive or registry,
waterworks, road, promenade, or any other thing used in
common by the public
 ART. 329 – OTHER MISCHIEFS
Mischief not included in the next preceding
article
 ART. 330 – DAMAGE AND OBSTRUCTION TO
MEANS OF COMMUNICATION
PERSONS LIABLE:
Any person who shall damage any railway,
telegraph or telephone lines
 The offense is qualified if the damage shall result in
the derailment of cars, collision or other accident.
ART 331- DESTROYING OR DAMAGING
STATUES, PUBLIC MONUMENTS OR PAINTINGS
 ART. 332 – PERSONS EXEMPT FROM
CRIMINAL LIABILITY
CRIMES INVOLVED:
1) Theft
2) Swindling
3) Malicious mischief
PERSONS EXEMPTED:
1) Spouses, ascendants and descendants, or relatives by
affinity on the same line
2) The widowed spouse with respect to the property
which belonged to the deceased spouse before the same
shall have passed to the possession of another
3) Brothers and sisters and brothers in law and sisters in
law, if living together
 Stepfather, adopted father, natural children, concubine,
paramour included
 Also applies to common-law spouses
CRIMES AGAINST CHASTITY
(ARTS 333-343)
 ART. 333 – ADULTERY
ELEMENTS:
1. That the woman is married
2. That she has sexual intercourse with a man not her
husband
3. That as regards to the man with whom she has sexual
intercourse, he must know her to be married
 The acquittal of one of the defendants does not operate
as a cause for acquittal of the other
 The pardon must come before the institution of the
criminal prosecution
 The offended party must pardon both the offenders
 Abandonment of the wife by the husband without
justification is only a mitigating circumstance
 ART. 334 – CONCUBINAGE
ELEMENTS:
1. That the man must be married
2. That he committed any of the ff. acts:
a. keeping a mistress in the conjugal dwelling.
b. having sexual intercourse under scandalous
circumstances with a woman who is not his wife
c. cohabiting with her in any other place
3. As regards to the woman, she must know him to be
married
 ART. 336- ACTS OF LASCIVIOUSNESS
ELEMENTS:
1. That the offender commits any act of lasciviousness or
lewdness
2. That it is done under any of the ff. circumstances
a. By using force or intimidation
b. When the offended party is deprived of reason or
otherwise unconscious
 ART. 337- QUALIFIED SEDUCTION
60
Two classes
1) Seduction of a virgin over 12 years and under 18 years
of age by persons who abuse their authority or the
confidence reposed
2) Seduction of a sister by her brother or descendant by
her ascendant, regardless of her age and reputation
VIRGINITY - does not mean physical virginity. The RPC
does not exclude the idea of abduction of a virtuous woman
of good reputation.
 ART. 338 – SIMPLE SEDUCTION
ELEMENTS:
1. That the offended party is over 12 and under 18 years
of age
2. That she must be of good reputation, single or widow
3. That the offender has sexual intercourse with her
4. That it is committed by means of deceit
 ART. 339 – ACTS OF LASCIVIOUSNESS WITH
THE CONSENT OF THE OFFENDED PARTY
ELEMENTS:
1. That the offender commits acts of lasciviousness or
lewdness
2. That the acts are committed upon a woman who is a
virgin or a widow of good reputation, under 18 years
of age but over 12 years, or a sister or descendant
regardless of her reputation or age
3. That the offender accomplishes the acts by abuse of
authority, confidence, relationship or deceit
 ART. 340 – CORRUPTION OF MINORS (AS
AMENDED BY BP 92)
 To promote or facilitate the prostitution or corruption
of persons under age to satisfy the lust of another
RA 7610 - Child Prostitution and Attempt to Commit Child
Prostitution are punished under this Act.
 ART. 341- WHITE SLAVE TRADE
PROHIBITED ACTS:
1) Engaging in the business of prostitution
2) Profiting by prostitution
3) Enlisting the services of women for the purpose of
prostitution
 ART. 342- FORCIBLE ABDUCTION
ELEMENTS:
1. That the person abducted is a woman
2. That the abduction is against her will
3. That the abduction is with lewd design
FORCIBLE GRAVE COERCION/
ABDUCTION KIDNAPPING
 With lewd design  No lewd design
 Conviction of acts of lasciviousness, not a bar to
conviction of forcible abduction
 Attempted Rape is absorbed by Forcible Abduction as
the former constitutes the element of lewd design
 ART. 343- CONSENTED ABDUCTION
ELEMENTS:
1. That the offended party must be a virgin
2. That she must be over 12 and under 18 years of age
3. That the taking away of the offended party must be
with her consent, after solicitation or cajolery from the
offender
4. That the taking away of the offended party must be
with lewd designs
 If girl is under 12 – ALWAYS FORCIBLE
ABDUCTION
CRIMES AGAINST CHASTITY WHERE AGE AND
REPUTATION OF THE VICTIM ARE
IMMATERIAL:
1) Acts of Lasciviousness against the will of the
offended party; or against a sister or descendant
2) Qualified Seduction of sister or descendant
3) Forcible Abduction
 ART. 344 – PROSECUTION OF THE CRIMES OF
ADULTERY, CONCUBINAGE, SEDUCTION,
ABDUCTION, RAPE AND ACTS OF
LASCIVIOUSNESS
1) Adultery and concubinage must be prosecuted upon the
complaint signed by the offended spouse
2) Seduction, abduction and acts of lasciviousness must be
prosecuted upon the complaint signed by
a. Offended party
b. Her parents
c. Grandparents
d. Guardians
in the order named above.
 Pardon to adultery and concubinage may be express or
implied; whereas express pardon of the offender is
required to bar prosecution for seduction, abduction,
abduction, or acts of lasciviousness
 Condonation is not pardon in concubinage or adultery
– any subsequent act of the offender showing that
there was no repentance will not bar the prosecution of
the offense
 Pardon by the offended party who is a minor must
have the concurrence of parents – except when the
offended party has no parents
61
 Marriage of the offender with the offended party
benefits the co-principals, accomplices and accessories
EXCEPT in rape because it is already a crime against
person; marriage obliterates criminal liability as to the
husband only
 ART. 345 – CIVIL LIABILITY OF PERSONS
GUILTY OF CRIMES AGAINST CHASTITY
PERSONS WHO ARE 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 doing so
3) In every case to support the offspring
 ART. 347 – SIMULATION OF BIRTHS,
SUBSTITUTION OF ONE CHILD FOR ANOTHER,
CONCEALMENT OR ABANDONMENT OF A
LEGITIMATE CHILD
Object of the crime under ART. 347 is the
creation of false or the causing of the loss of civil status
 ART. 348 – USURPATION OF CIVIL STATUS
 Usurping the civil status of another is committed by
assuming the filiation, or the parental or conjugal
rights of another with intent to enjoy the rights arising
from the civil status of the latter.
 Crime is qualified if the purpose is to defraud
offended parties and heirs
ILLEGAL MARRIAGES
(ARTS 349-351)
 ART. 349 – BIGAMY
ELEMENTS:
1. That the offender is legally married
2. That the marriage has not been dissolved or, in case
the spouse is absent, the absent spouse could not yet
be presumed dead according to the Civil Code
3. That he contracts a second marriage or subsequent
marriage
4. That the second or subsequent marriage has all the
essential requisites for validity
 A person convicted of bigamy may still be prosecuted
for concubinage.
 The second spouse who knew of the first marriage is
an accomplice, as well as the person who vouched for
the capacity of either of the contracting parties.
 ART. 350 – MARRIAGE CONTRACTED
AGAINST PROVISIONS OF LAWS
ELEMENTS:
1. That the offender contracted marriage
2. That he knew at the time that ---
 a. The requirements of the law were not
complied with; or
b. The marriage was in disregard of a legal
impediment
c. The offender must not be guilty of bigamy
Qualifying Circumstance - if either of the contracting
parties obtains the consent of the other by means of
violence, intimidation or fraud
 ART. 351- PREMATURE MARRIAGES
PERSONS LIABLE:
1) A widow who married within 301 days from the date
of the death of her husband, or before having delivered if
she is pregnant at the time of his death
2) A woman whose marriage having been annulled or
dissolved, married before delivery or before expiration of
the period of 301 days after the date of legal separation
 Period may be disregarded if the first husband was
impotent or sterile
 ART. 352- PERFORMANCE OF ILLEGAL
MARRIAGES
 Priests, or ministers of any religious denomination or
sect, or civil authorities who shall perform or
authorize any legal marriage ceremony
CRIMES AGAINST HONOR
(ARTS 355-364)
 ART. 353 LIBEL
ELEMENTS:
1. That there must be an imputation of a crime, or a vice
or defect, real or imaginary, or any act, omission,
condition, status or circumstance
2. That the imputation must be made publicly
3. That it must be malicious
4. That the imputation must be directed at a natural
person or a juridical person, or one who is dead.
5. That the imputation must tend to cause the dishonor,
discredit, or contempt of the person defamed.
2 TYPES OF MALICE:
1) malice in fact – shown by proof of ill-will,
hatred, or purpose to injure; also known as EXPRESS
MALICE
2) malice in law – presumed from defamatory
imputation; proof is not required because it is
presumed to exist from the defamatory imputation;
 When the communication is PRIVILEGED, malice is
not presumed from the defamatory words.
 ART. 354 REQUIREMENT FOR PUBLICITY
MALICE IN LAW – Every defamatory imputation is
presumed to be malicious, even if it be true, if no good
intention or justifiable motive is shown.
62
The PRESUMPTION is rebutted if it is shown by the
accused that –
a. The defamatory imputation, is true, in case the
law allows proof of the truth of the imputation.
(see Art. 361)
b. It is published with good intention.
c. There is justifiable motive for making it.
MALICE is not presumed in the following cases:
1) Private communication made by any person to another
in the performance of any legal, moral or social duty.
2) A fair and true report of any judicial, legislative, or
other proceedings which are not of confidential nature;
3) Or of any statement, report, or speech delivered in said
proceedings, or of any other act performed by public
officers in the exercise of their functions
 R.A. 4200-THE ANTI-WIRE TAPPING ACT.
REPUBLIC ACT NO.4200
Section 1. Unlawful acts by any person or participant, not
authorized by all the parties to any private communication
or spoken word :
1. to tap any wire or cable
2. to use any other device or arrangement
3. to secretly overhear, intercept or record such
communication by using a device known as
dictaphone/ dictagraph/ detectaphone/ walkie-talkie/
tape-recorder
4. to knowingly possess any tape/wire or disc record or
copies of any communication or spoken word
5. to replay the same for any person or persons
6. to communicate the contents thereof, verbally or in
writing
7. to furnish transcriptions thereof, whether complete or
partial
EXCEPTION:
When a peace officer is authorized by written
order from the court
 Any recording, communication or spoken word
obtained in violation of the provisions of this Act -
INADMISSIBLE IN EVIDENCE IN ANY
JUDICIAL, QUASI-JUDICIAL OR
ADMINISTRATIVE HEARING OR
INVESTIGATION.
 ART. 355 – LIBEL BY MEANS OF WRITINGS
OR SIMILAR MEANS
Committed by means of: 1) writing 2) printing 3)
lithography 4) engraving 5) radio 6) phonograph 7)
painting 8) theatrical exhibition 9) cinematographic
exhibitions 10) similar means
  ART. 356 THREATENING TO PUBLISH AND 2) The author, editor of the book or pamphlet
OFFER TO PREVENT SUCH PUBLICATION FOR A 3) Editor, Business manager of newspaper or magazine,
COMPENSATION responsible to the same extent as if he were the author
Prohibited acts: 4) Owner of the printing plant which publishes the
1) Threatening another to publish a libel concerning him, libelous article and all other persons who in any way
or his parents, spouse, child or other members of the family participate
2) Offering to prevent the publication of such libel for
compensation or money consideration  ART. 361 PROOF OF TRUTH
WHEN PROOF OF THE TRUTH IS ADMISSIBLE IN
FELONIES WHERE BLACKMAIL IS POSSIBLE: A CHARGE FOR LIBEL:
1) Light threats (283) 1. When the act or omission imputed constitutes a
2) Threatening to publish, offering to prevent the crime regardless of whether the offended party is a
publication of a libel for compensation (356) private individual or a public officer.
2. When the offended party is a Government employee,
ART. 357 – PROHIBITED PUBLICATION OF even if the imputation does not constitute a crime,
ACTS REFERRED TO IN THE COURSE OF provided it is related to the discharge of his official
OFFICIAL PROCEEDINGS duties.
ELEMENTS:
1. The offender is a reporter, editor or manager of a Defense in defamation:
newspaper, daily or magazine 1. It appears that the matters charged as libelous is true
2. He publishes facts connected with the private life of 2. It was published with good motives
another 3. And for a justifiable end
3. Such facts are offensive to the honor, virtue and
reputation of said person  ART. 363 – INCRIMINATING INNOCENT
PERSONS
 Prohibition applies even if the facts are involved in ELEMENTS:
official proceedings. 1. That the offender performs an act
2. That by such act he directly incriminates or imputes to
 Source of news report may not be revealed unless the an innocent person the commission of a crime
court or a House or Committee of Congress finds that 3. That such act does not constitute perjury
such revelation is demanded by the security of the
State INCRIMINATING PERJURY BY MAKING
INNOCENT PERSONS FALSE ACCUSATIONS
 ART. 358 – SLANDER (oral defamation)  Limited to the act of  Giving of false statement
KINDS: planting evidence and the under oath or making a false
1) Simple slander like in order to incriminate affidavit, imputing to the
2) Grave slander, when it is of a serious and insulting an innocent person person the commission of a
nature crime

 ART. 359 SLANDER BY DEED INCRIMINATING DEFAMATION

ELEMENTS: INNOCENT PERSONS
1. That the offender performs any act not included in any
 Offender does not avail  Imputation is public and
other crime against honor
himself of written or spoken malicious calculated to
2. That such act is performed in the presence of other
words in besmirching the cause dishonor, discredit, or
persons
victim’s reputation contempt upon the offended
3. That such act cast dishonor, discredit, or contempt
party
upon the offended party

Common element of Slander by deed and Unjust Vexation

– Irritation or Annoyance; Without any other concurring
factor, it is only Unjust Vexation; If the purpose is to shame
or humiliate, Slander by deed.
 ART 360 PERSONS RESPONSIBLE FOR LIBEL
1) Any person who shall publish, exhibit or cause the
publication or exhibition of any defamation in writing
or by similar means
 ART. 364 INTRIGUING AGAINST HONOR
Committed by any person who shall make any
intrigue which has for its principal purpose to blemish the
honor or reputation of another.
 ART. 365 – IMPRUDENCE AND NEGLIGENCE
ELEMENTS (RECKLESS IMPRUDENCE):
1. That the offender does or fails to do an act.

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

ELEMENTS (SIMPLE IMPRUDENCE):

1) That there is lack of precaution on the part of the
offender.
2) That the damage impending to be caused is not
immediate nor the danger clearly manifest.

 Art 64 relative to mitigating and aggravating

circumstances not applicable to crimes committed
through negligence

THE PENALTIES PROVIDED FOR IN ARTICLE 365

ARE NOT APPLICABLE WHEN:
a) the penalty provided for the offense is equal to or
lower than those provided in the first two paragraphs
of Art 365
b) by imprudence or negligence, and with violation of the
Automobile Law, the death of a person shall be caused

QUALIFYING CIRCUMSTANCE:
When the offender fails to lend help to the injured
parties

- END OF BOOK TWO-

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