1.

FELONIES UNDER TITLES VI TO TITLE XIV OF THE

REVISED PENAL CODE
A. Title VI – Crimes Against Public Morals

Gambling and Betting

1. Articles 195 – 199 have been repealed by PD No. 1602
(Prescribing Stiffer Penalties on Illegal Gambling).

Offenses against Decency and Good Customs

2. Grave scandal (Art. 200)
3. Immoral doctrines, obscene publications, and
exhibitions (Art. 201)
4. Prostitution (RA 10158)

B. Title VII – Crimes Committed by Public Officers

Malfeasance and Misfeasance in Office

1. Knowingly rendering unjust judgment (Art. 204)
2. Rendering judgment through negligence (Art. 205)
3. Rendering unjust interlocutory order (Art. 206)
4. Malicious delay in the administration of justice (Art.
207)
5. Dereliction of duty in prosecution of offenses (Art. 208)
6. Betrayal of trust by an attorney or solicitor –
revelation of secrets (Art. 209)
7. Direct bribery (Art. 210)
8. Indirect bribery (Art. 211)
9. Qualified bribery (Art. 211-A)
10. Corruption of Public Officials (Art. 212)
11. Anti-Graft and Corrupt Practices Act (RA 3019)

Frauds and Illegal Exactions and Transactions

12. Frauds against the public treasury and similar
offenses (Art. 213)
13. Other frauds (Art. 214)
14. Prohibited transactions (Art. 215)
15. Possession of prohibited interest by a public officer
(Art. 216)

Malversation of Public Funds or Property

16. Malversation of public funds or property (Art. 217)
17. Plunder (RA 7080)
18. Failure of accountable officer to render accounts
(Art. 218)
19. Failure of a responsible public officer to render
account before leaving the country (Art. 219)
20. Illegal use of public funds or property (Art. 220)
21. Failure to make delivery of public funds or property
(Art. 221)

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 Infidelity of Public Officers (Prisoners, Documents
and Secrets)

S.1 – Infidelity in the Custody of Prisoners

22. Conniving with or consenting to evasion (Art. 223)
23. Evasion through negligence (Art. 224)
24. Escape of prisoner under the custody of a person
not a public officer (Art. 225)

S.2 – Infidelity in the Custody of Documents

25. Removal, concealment, or destruction of documents
(Art. 226)
26. Officer breaking seal (Art. 227)
27. Opening of closed documents (Art. 228)

S.3 – Revelation of Secrets

28. Revelation of secrets by an officer (Art. 229)
29. Public officer revealing secrets of private individual
(Art. 230)

Other Offenses or Irregularities by Public Officers

S. 1 – Disobedience, refusal of assistance, and
maltreatment of prisoners
30. Open disobedience (Art. 231)
31. Disobedience to the order of superior officer, when
said order was suspended by inferior officer (Art. 232)
32. Refusal of assistance (Art. 233)
33. Refusal to discharge elective office (Art. 234)
34. Maltreatment of prisoners (Art. 235)

S. 2 – Anticipation, Prolongation, and Abandonment

of the Duties and Powers of Public Office
35. Anticipation of duties of a public office (Art. 236)
36. Prolonging performance of duties and powers (Art.
237)
37. Abandonment of office or position (Art. 238)

S.3 – Usurpation of Powers and Unlawful

Appointments
37. Usurpation of legislative powers (Art. 239)
38. Usurpation of executive functions (Art. 240)
39. Usurpation of judicial functions (Art. 241)
40. Disobeying request for disqualification (Art. 242)
41. Orders or requests by executive officers to any
judicial authority (Art. 243)
42. Unlawful appointments (Art. 244)

S.4 – Abuses Against Chastity

43. Abuses against chastity (Art. 245)

C. Title VIII – Crimes Against Persons

2
 Destruction of Life
S.1 – Parricide, murder, homicide

1. Parricide (Art. 246)

2. Murder (Art. 248)
3. Homicide (Art. 249)
4. Death caused in a tumultuous affray (Art. 251)
5. Physical injuries inflicted in a tumultuous affray (Art.
252)
6. Giving assistance to suicide (Art. 253)
7. Discharge of firearms (Art. 254)

S.2 – Infanticide and Abortion

8. Infanticide (Art. 255)
9. Intentional abortion (Art. 256)
10. Unintentional Abortion (Art. 257)
11. Abortion practiced by the woman herself or by her
parents (Art. 258)
12. Abortion practiced by a physician or midwife and
dispensing of abortives (Art. 259)

S.3 – Duel
13. Responsibility of participants in a duel (Art. 260)
14. Challenging to a duel (Art. 261)

Physical Injuries
15. Mutilation (Art. 262)
16. Serious physical injuries (Art. 263)
17. Administering substances or beverages (Art. 264)
18. Less serious physical injuries (Art. 265)
19. Slight physical injuries and maltreatment (Art. 266)

Rape
20. Art. 266-A is already repealed by RA 8353, or the
“Anti-Rape Law of 1997”.

D. Title IX- Crimes Against Personal Liberty and

Security

Crimes Against Liberty

S. 1 – Illegal detention
1. Kidnapping and serious illegal detention (Art. 267)
2. Slight illegal detention (Art. 268)
3. Unlawful arrest (Art. 269)

S. 2 – Kidnapping of minors
4. Kidnapping and failure to return a minor (Art. 270)
5. Inducing a minor to abandon his home (Art. 271)

S.3 – Slavery and Servitude

6. Slavery (Art. 272)
7. Exploitation of child labor (Art. 273)

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8. Services rendered under compulsion in payment of debt
(Art. 274)

Crimes Against Security

S. 1 – Abandonment of helpless persons and
exploitation of minors
9. Abandonment of persons in danger and abandonment of
one’s victim (Art. 275)
10. Abandoning a minor (Art. 276)
11. Abandonment of minor by person entrusted with his
custody; indifference of parents (Art. 277)
12. Exploitation of minors. (Art 278 is repealed by RA 7610
as amended by RA 7658 and RA 9208.)
S. 2 – Trespass to dwelling
13. Qualified trespass to dwelling (Art. 280)
14. Other forms of trespass (Art. 281)

S. 3 – Threats and coercion

15. Grave threats (Art. 282)
16. Light threats (Art. 283)
17. Other light threats (Art. 285)
18. Grave coercions (Art. 286)
19. Light coercions (Art. 287)
20. Other similar coercions – Compulsory purchase of
merchandise and payment of wages by means of tokens
(Art. 288)
21. Formation, maintenance, and prohibition of
combination of capital or labor through violence or threats
(Art. 289)

Discovery and Revelation of Secrets

22. Discovering secrets through seizure of correspondence
(Art. 290)
23. Revealing secrets with abuse of office (Art. 291)
24. Revealing of industrial secrets (Art. 292)

E. Title X – Crimes Against Property

Robbery in General
1. Robbery (Art. 293)

S. 1 – Robbery with violence against or intimidation of

persons
2. Robbery with violence against or intimidation of persons
(Art. 294)
3. Attempted and frustrated robbery committed under
certain circumstances (Art. 297)
4. Execution of deeds by means of violence or intimidation
(Art. 298)
5. Robbery in an inhabited house or public building or
edifice devoted to worship (Art. 299)

4
 6. Robbery in an uninhabited place and by a band (Art.
300)
7. Robbery in an uninhabited place or in a private building
(Art. 302)
8. Robbery of cereals, fruits, or firewood in an uninhabited
place or private building (Art. 303)
9. Possession of picklocks or similar tools (Art. 304)

Brigandage
10.Brigandage (Art. 306)
11.Aiding and abetting a band of brigands (Art. 307)

Theft
12.Theft (Art. 308)
13. Qualified theft (Art. 310)
14.Theft of property of the National Library and National
Museum (Art. 311)

Usurpation
15.Occupation of real property or usurpation of real rights
in property (Art. 312)
16. Altering boundaries or landmarks (Art. 313)

Culpable Insolvency
17. Fraudulent insolvency (Art. 314)

Swindling and Other Deceits

18. Swindling (estafa) (Art. 315)
19.Other forms of swindling (Art. 316)
20. Swindling a minor (Art. 317)
21.Other deceits (Art. 318)

Chattel Mortgage
22.Removal, sale, or pledge of mortgaged property (Art. 319)

Arson and other Crimes Involving Destruction

23.Articles 320 to 326-B are repealed or amended by PD.
1613, as amended by RA No. 7659

Malicious Mischief
24. Malicious mischief (Art. 327)
25.Special cases of malicious mischief (Art. 328)
26. Other mischiefs (Art. 329)
27. Damage and obstruction to means of communication
(Art. 330)
28. Destroying or damaging statues, public monuments or
paintings (Art. 331)

F. Title XI – Crimes Against Chastity

Adultery and Concubinage

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1. Adultery (Art. 333)
2. Concubinage (Art. 334)

Rape and Acts of Lasciviousness

3. Article 335 has been repealed by RA No. 8353, otherwise
known as the “Anti-Rape Law of 1997”. This has been
moved to Title VII under Crimes Against Persons under
Art. 266-A to 266-D.
4. Acts of lasciviousness (Art. 336)

Seduction, Corruption of Minor, and White Slave Trade

5. Qualified seduction (Art. 337)
6. Simple seduction (Art. 338)
7. Acts of lasciviousness with the consent of the offended
party (Art. 339)
8. Corruption of minors (Art. 340)
9. White slave trade (Art. 341)

Abduction
10. Forcible abduction (Art. 342)
11. Consented abduction (Art. 343)

G. Title XII – Crimes Against the Civil Status of Persons

Simulation of Births and Usurpation of Civil Status

1. Simulation of births, substitution of one child for another
and concealment or abandonment of a legitimate child
(Art. 347)
2. Usurpation of civil status (Art. 348)

Illegal Marriages
3. Bigamy (Art. 349)
4. Marriage contracted against the provisions of laws (Art.
350)
5. Article 351 has been repealed by RA 10665
6. Performance of illegal marriage ceremony (Art. 352)

H. Title XIII – Crimes Against Honor

Libel
1. Libel (Art. 353)
2. Libel by means of writings or similar means (Art. 355)
3. Threatening to publish and offer to prevent such
publication for a compensation (Art. 356)
4. Prohibited publication of acts referred to in the course of
official proceedings (Art. 357)
5. Slander (Art. 358)
6. Slander by deed (Art. 359)

Incriminatory Machinations
7. Incriminating innocent person (Art. 363)

6
8. Intriguing against honor (Art. 364)

I. Title XIV – Quasi-Offenses

Criminal Negligence
1. Imprudence and negligence (Art. 365)

7
II. ELEMENTS UNDER TITLES VI TO TITLE XIV OF THE
REVISED PENAL CODE

A. Title VI – Crimes Against Public Morals

Gambling and Betting

Elements of Lottery:
 Consideration;
 Chance;
 Prize, or some advantage or inequality in amount or
value which is in the nature of a prize.

Elements of Knowingly Permitting Gambling to be Carried

on in a Place Owned or Controlled by the Offender
 That a gambling game was carried on in an inhabited
or uninhabited place or in any building vessel or other
means or transportation;
 That the place, building, vessel, or other means of
transportation is owned or controlled by offender;
 That the offender permitted the carrying on of such
game, knowing that it is a gambling game.

Offenses against Decency and Good Customs

1. Grave scandal (Art. 200)
Elements:
 That the offender performs an act or acts;
 That such act or acts be highly scandalous as
offending against decency or good customs;
 That the highly scandalous conduct is not expressly
falling within any other article of this Code;
 That the act or acts complained of be committed in a
public place or within the public knowledge or view.

2. Immoral doctrines, obscene publications, and

exhibitions (Art. 201)
Elements:
 The materials, publication, picture, or literature are
obscene, and;
 The offender sold, exhibited, published, or gave away
such materials. (Fernando vs. Court of Appeals)

3. Prostitution (RA 10158)

A woman is a prostitute when:
 She habitually indulges in
o Sexual intercourse
o Lascivious conduct
 For money or profit

B. Title VII – Crimes Committed by Public Officers

Malfeasance and Misfeasance in Office

8
 1. Knowingly rendering unjust judgment (Art. 204)
Elements:
 That the offender is a judge;
 That he renders a judgment in a case submitted to
him for a decision (w/c must be a final judgment);
 That the judgment is unjust;
 That the judge knows that his judgment is unjust.

2. Rendering judgment through negligence (Art. 205)

Elements:
 That the offender is a judge;
 That he renders a judgment in a case submitted to
him for a decision;
 That the judgment is manifestly unjust;
 That it is due to his inexcusable negligence or
ignorance.

3. Rendering unjust interlocutory order (Art. 206)

Elements:
 That the offender is a judge;
 That he performs any of the ff acts:
a. Knowingly renders unjust interlocutory
order or decree; or
b. Renders a manifestly unjust interlocutory
order or decree through inexcusable
negligence or ignorance.

4. Malicious delay in the administration of justice (Art.

207)
Elements:
 That the offender is a judge;
 That there is a proceeding in court;
 That he delays the administration of justice;
 That the delay is malicious, that is, the delay is
caused by the judge with deliberate intent to inflict
damage on either party in the case.

5. Dereliction of duty in prosecution of offenses (Art. 208)

Elements:
 That the offender is a public officer or officer of the
law who has a duty to cause the prosecution of, or
to prosecute offenses;
 That there is dereliction of the duties of his office;
that is knowing the commission of the crime, he
does not cause the prosecution of the criminal or
knowing that a crime is about to be committed, he
tolerates its commission;
 That the offender acts with malice and deliberate
intent to favor the violator of the law.

6. Betrayal of trust by an attorney or solicitor –

revelation of secrets (Art. 209)

9
Acts Punishable:
1. By causing damage to his client, either by:
a. Any malicious breach of professional duty, or
b. By inexcusable negligence or ignorance
2. By revealing the secrets of his client, learned by him in
his professional capacity
3. Undertaking defense of opposing party in the same
case, without consent of first client, after having
undertaken the defense of first client or received
confidential information from said client

7. Direct bribery (Art. 210)

Elements:
 Offender is a public officer with the scope of Art. 203;
 Offender accepts an offer or a promise, or received a
gift or present by himself or through another;
 That such offer or promise be accepted, or gift or
present received by their public officer-
a. with a view to committing some crime; or
b. in consideration of the execution of an act which
does not constitute a crime, but the act is unjust;
c. to refrain from doing something which is his
official duty to do
 That the act which offender agrees to perform or which
he executed be connected with the performance of his
official duties.

8. Indirect bribery (Art. 211)

Elements:
 Offender is a public officer;
 That he accepts gifts;
 That said gifts are offered to him by reason of office.

9. Qualified bribery (Art. 211-A)

Elements:
 If any public officer is entrusted with law enforcement;
 That the offender refrains from arresting or
prosecuting an offender who has committed a crime
punishable by reclusion perpetua and/or death;
 That the offender refrains from arresting or
prosecuting the offender in consideration of promise,
gift, or present.

10. Corruption of Public Officials (Art. 212)

Elements:
 That the offender makes offers or promises, or gives
gifts to a public officer;
 That the offers or promises are made or the gifts or
presents given to a public officer, under circumstances
that will make the public officer liable for direct bribery
or indirect bribery.

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 Frauds and Illegal Exactions and Transactions
11. Frauds against the public treasury and similar
offenses (Art. 213)
Elements of Frauds Against Public Treasury:
 Offender is a public officer;
 That he should have taken advantage of his office, that
is, he intervened in the transaction in his official
capacity;
 That he entered into an agreement with any interested
party or speculator or made use of any other scheme
with regard to:
o Furnishing supplies
o The making of contracts, or
o The adjustment or settlement of accounts
relating to public property of funds
 That accused had intent to defraud the Government.

Elements of Illegal Exactions:

 Offender is a public officer entrusted with the
collection of taxes, licenses, fees, and other imposts;
 He is guilty of any of the following acts or omissions;
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, or
c. Collecting or receiving, directly or indirectly by
way of payment or otherwise, things or ojects of a
nature different from that provided by law.

12. Other frauds (Art. 214)

Elements:
 Offender is a public officer;
 That he takes advantage of his official position;
 That he commits any of the frauds or deceits
enumerated in Art. 315 to 318.

13. Prohibited transactions (Art. 215)

Elements:
 Offender is an appointive public officer;
 That he becomes interested, directly or indirectly, in
any transaction of exchange or speculation;
 That the transaction takes place within the territory
subject to his jurisdiction;
 That he becomes interested in the transaction during
his incumbency.

14. Possession of prohibited interest by a public officer

(Art. 216)
Persons liable:

11
 a. Public officer who directly or indirectly became
interested in any contract or business in which it was
his official duty to intervene
b. Experts, arbitrators, and private accountants who in
like manner took part in any contract or transaction
connected wih the estate property in the appraisal,
distribution, or adjudication of which they have acted
c. Guardians and executors with respect to the property
belonging to their wards, or the estate

Malversation of Public Funds or Property

15. Malversation of public funds or property (Art. 217)
Elements common to all acts:
 That the offender be a public officer;
 That he had the custody or control of funds or
property by reason of the duties of his office;
 That those funds or property were public funds, or
property for which he was accountable;
 That he appropriated, took, misappropriated, or
consented, or through abandonment or negligence,
permitted another person to take them.

16. Plunder (RA 7080)

Elements:
 That the offender is a public officer who acts by
himself or in connivance with members of his
family, relatives by affinity, or consanguinity,
business associates, subordinates, or other persons;
 That he amassed, accumulated, or acquired ill-
gotten wealth through a combination or series of the
following overt or criminal acts (a-f);
 That the aggregate amount or total value of the ill-
gotten wealth amassed, accumulated, or acquired is
atleast P50,000,00.00;

17. Failure of accountable officer to render accounts

(Art. 218)
Elements:
 That the offender is a public officer, whether in
service or separated therefrom;
 That he must be an accountable officer for public
funds or property;
 That he is required by law or regulation to render
accounts to the Commission on Audit, or to a
provincial auditor;
 That he fails to do so for a period of two months
after such accounts should be rendered.

18. Failure of a responsible public officer to render

account before leaving the country (Art. 219)
Elements:
 That the offender is a public officer;

12
  That he must be an accountable officer for public
funds or property;
 That he must have unlawfully left (or be at the point
of leaving) the Philippines without securing from the
Commission of Audit a certificate showing that his
accounts have been finally settled.

19. Illegal use of public funds or property (Art. 220)

Elements of Technical Malversation:
 That the offender is a public officer;
 That there is a public fund or property under his
administration;
 That such public fund or property has been
appropriated by law or ordinance;
 That the fund applies to a public use, other than
that for which such fund or property has been
appropriated by law or ordinance.

20. Failure to make delivery of public funds or property

(Art. 221)
Elements:
 That the public officer has Government funds in his
possession;
 That he is under obligation to make payment from
such funds;
 That he fails to make the payment maliciously.

Infidelity of Public Officers (Prisoners, Documents

and Secrets)

S.1 – Infidelity in the Custody of Prisoners

21. Conniving with or consenting to evasion (Art. 223)
Elements:
 That the offender is a public officer;
 That he had in his custody or charge, a prisoner,
either detention prisoner or prisoner by final
judgment;
 That such prisoner escaped from his custody;
 That he was in connivance with the prisoner in the
latter’s escape.

22. Evasion through negligence (Art. 224)

Elements:
 That the offender is a public officer;
 That he is charged with the conveyance or custody
of a prisoner, either a detention prisoner or prisoner
by final judgment;
 That such prisoner escapes through his negligence.

23. Escape of prisoner under the custody of a person

not a public officer (Art. 225)
Elements:

13
  That the offender is a private person;
 That the conveyance or custody of a prisoner or
person under arrest is confided to him;
 That the prisoner or person under arrest escapes;
 That the offender either:
a. consents to the escape of the prisoner or
person under arrest, or
b. that the escape takes place through his
negligence.

S.2 – Infidelity in the Custody of Documents

24. Removal, concealment, or destruction of documents
(Art. 226)
Elements:
 That the offender is a public officer;
 That he abstracts, destroys, or conceals documents
or papers;
 That the said document or papers should have been
entrusted to such officer by reason of his office;
 That damage, whether serious or not, to a third
party or to the public interest should have been
caused.

25. Officer breaking seal (Art. 227)

Elements:
 That the offender is a public officer;
 That he is charged with the custody of papers or
property;
 That these papers or property are sealed by proper
authority;
 That he breaks the seals or permits them to be
broken.

26. Opening of closed documents (Art. 228)

Elements:
 That the offender is a public officer;
 That any closed papers, documents, or objects are
entrusted to his custody;
 That he opens or permits to be opened said closed
papers, documents, or objects;
 That he does not have proper authority.

S.3 – Revelation of Secrets

27. Revelation of secrets by an officer (Art. 229)
Elements of Revealing Secrets known to the offending
public officer by reason of his official capacity:
 That the offender is a public officer;
 That he knows of a secret by reason of his official
capacity;
 That he reveals such secret without authority or
justifiable reasons;

14
  That damage, great or small, be caused to the
public interest.

Elements of Delivering Wrongfully papers or copies of

papers which he may have charge of, and which should
not be published:
 That the offender is a public officer;
 That he has charge of papers;
 That those papers should not be published;
 That he delivers those papers or copies thereof to
the third person;
 That the delivery is wrongful;
 That damage be caused to public interest.

28. Public officer revealing secrets of private individual

(Art. 230)
Elements:
 That the offender is a public officer;
 That he knows of the secrets of a private individual
by reason of his office;
 That he reveals such secrets without authority or
justifiable reason.

Other Offenses or Irregularities by Public Officers

S. 1 – Disobedience, refusal of assistance, and

maltreatment of prisoners
30. Open disobedience (Art. 231)
Elements:
 That the offender is a judicial or executive officer;
 That there is a judgment, decision, or lawful order
of a superior authority;
 That such judgment, decision, or order was made
within the scope of the jurisdiction of the superior
author and issued with all the legal formalities;
 That the offender without any legal justification,
openly refuses to execute said judgment, decision
or order, which he is duty bound to obey.

30. Disobedience to the order of superior officer, when

said order was suspended by inferior officer (Art. 232)
Elements:
 That the offender is a public officer;
 That an order is issued by his superior for
execution;
 That he has for any reason suspended the
execution of such order;
 That his superior disapproves the suspension of the
execution of the order;
 That the offender disobeys his superior despite the
execution of the order.

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 31. Refusal of assistance (Art. 233)
Elements:
 That the offender is a public officer;
 That a competent authority demands from the
offender that he lend his cooperation towards the
administration of justice or other public service;
 That the offender fails to do so maliciously.

32. Refusal to discharge elective office (Art. 234)

Elements:
 That the offender is elected by popular election to a
public office;
 That he refuses to be sworn in or to discharge the
duties of said office;
 That there is no legal motive for such refusal to be
sworn in or to discharge the duties of said office.

33. Maltreatment of prisoners (Art. 235)

Elements:
 That the offender is a public officer or employee;
 That he has under his charge a prisoner or detention
prisoner;
 That he maltreats such prisoner in either of the
following manners:
a. by overdoing himself in the correction or
handling of a prisoner or detention prisoner
under his charge either-
b. by inflicting such punishment (those authorized)
in a cruel and humiliating manner
 By maltreating such prisoner to extort a confession or
to obtain some information from the prisoner.

S. 2 – Anticipation, Prolongation, and Abandonment

of the Duties and Powers of Public Office
35. Anticipation of duties of a public office (Art. 236)
Elements:
 That the offender is entitled to hold a public office or
employment, either by election or appointment;
 That the law requires that he should first be sworn in
and/or should first give a bond;
 That he assumes the performance of the duties and
powers of such office;
 That he has not taken his oath, and/or given the bond
required by law.

36. Prolonging performance of duties and powers (Art.

237)
Elements:
 That the offender is holding a public office;
 That the period provided by law, regulations, or special
provision for holding office had already expired;
 He continues to exercise duties and powers of office.

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 37. Abandonment of office or position (Art. 238)
Elements:
 That the offender is a public officer;
 That he formally resigns from his position;
 That his resignation has not yet been accepted;
 That he abandons his office to the detriment of the
public service.

S.3 – Usurpation of Powers and Unlawful

Appointments
37. Usurpation of legislative powers (Art. 239)
Elements:
 That the offender is an executive or judicial officer;
 That he:
a. makes general rules or regulations beyond the
scope of his authority, or
b. attempts to repeal a law or
c. suspends the execution thereof.

38. Usurpation of executive functions (Art. 240)

Elements:
 That the offender is a judge;
 That he:
a. assumes a power pertaining to the executive
authorities or
b. obstructs in the lawful exercise of their powers.

39. Usurpation of judicial functions (Art. 241)

Elements:
 That the offender is an officer of the executive
branch of the government;
 That he:
a. assumes judicial powers, or
b. obstructs the execution of any order or decision
rendered by any judge within his jurisdiction.

40. Disobeying request for disqualification (Art. 242)

Elements:
 That the offender is a public officer;
 That a proceeding is pending before such public
officer;
 That there is a question brought before the proper
authority regarding his jurisdiction, which is not yet
decided;
 That he has been lawfully required to refrain from
continuing the proceeding;
 That he continues the proceeding.

41. Orders or requests by executive officers to any

judicial authority (Art. 243)
Elements:

17
  That the offender is an executive officer;
 That he addresses any order or suggestion to any
judicial authority;
 That the order or suggestion relates to any case or
business coming within the exclusive jurisdiction of
the courts of justice.

42. Unlawful appointments (Art. 244)

Elements:
 That the offender is a public officer;
 That he nominates or appoints a person to a public
officer;
 That such person lacks the legal qualifications
therefor;
 That the offender knows that his nominee or
appointee lacks the qualifications at the time he
made the nomination or appointment.

S.4 – Abuses Against Chastity

43. Abuses against chastity (Art. 245)
Elements:
 That the offender is a public officer;
 That he solicits or makes immoral and indecent
advances to a woman;
 That such woman must be –
a. interested in matters pending before the offender
for decision, or with respect to which he is
required to submit a report to or consult with a
superior officer, or
b. under the custody of the offender who is a
warden or other public officer directly charged
with the care and custody of prisoner or persons
under arrest, or
c. the wife, daughter, sister, or relative within the
same degree by affinity of the person in custody
of the offender.

C. Title VIII – Crimes Against Persons

Destruction of Life
S.1 – Parricide, murder, homicide

1. Parricide (Art. 246)

Elements:
 That a person is killed;
 That the deceased is killed by the accused;
 That the deceased is the father, mother, or child,
whether legitimate or illegitimate, or a legitimate
other ascendant or descendant or legitimate spouse
of the accused.

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 2. Murder (Art. 248)
Elements:
 That a person is killed;
 That the accused killed the deceased;
 That the killing was attended by any of the
qualifying circumstances mentioned in Art. 248;
 The killing is not parricide or infanticide.

3. Homicide (Art. 249)

Elements:
 That a person is killed;
 That the accused killed him without any justifying
circumstance;
 That the accused had the intention to kill, which is
presumed;
 That the killing was not attended by any of the
qualifying circumstances of murder, or by that of
parricide or infanticide.

4. Death caused in a tumultuous affray (Art. 251)

Elements:
 That there be several persons;
 That they did not compose groups organized for the
common purpose of assaulting and attacking each
other reciprocally;
 That these several persons quarreled and assaulted
one another in a confused and tumultuous manner;
 That someone was killed in the course of the affray;
 That it cannot be ascertained who actually killed
the deceased;
 That the person or persons who inflicted serious
physical injuries or used violence can be identified.

5. Physical injuries inflicted in a tumultuous affray (Art.

252)
Elements:
 That there is a tumultuous affray as referred to in
the preceding article;
 That a participant or some participants thereof
suffer serious physical injuries or physical injuries
of a less serious nature only;
 That the person responsible thereof cannot be
identified;
 That all those who appear to have used violence
upon the person of the offended party are known.

6. Giving assistance to suicide (Art. 253)

Acts punishable:
a. By assisting another to commit suicide, whether the
suicide is consummated or not,

19
 b. By lending his assistance to another to commit suicide
to the extend of doing the killing himself.

7. Discharge of firearms (Art. 254)

Elements:
 That the offender discharges a firearm against or at
another person;
 That the offender has no intention to kill that
person.

S.2 – Infanticide and Abortion

8. Infanticide (Art. 255)
Elements:
 That a child was killed;
 That the deceased child was less than three days or
72 hours of age; and
 The accused killed the said child.

9. Intentional abortion (Art. 256)

Elements:
 That there is a pregnant woman;
 That violence is exerted, or drugs or beverages
administered, or that the accused otherwise acts
upon such pregnant woman;
 That as a result of the violence, drugs, or beverages
upon her, or any other act of the accused, the fetus
dies, either in the womb or after having expelled
therefrom;
 That the abortion is intended.

10. Unintentional Abortion (Art. 257)

Elements:
 That there is a pregnant woman;
 That violence is used upon such pregnant woman
without intending an abortion;
 That the violence is intentionally exerted; and
 That as a result of the violence the fetus dies, either
in the womb or after having been expelled
therefrom.

11. Abortion practiced by the woman herself or by her

parents (Art. 258)
Elements:
 That there is a pregnant woman who has suffered
an abortion;
 That the abortion is intended; and
 That the abortion is caused by:
a. The pregnant woman herself
b. Any other person, with her consent, or
c. Any of her parents, with her consent, for the
purpose of concealing her dishonor.

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 12. Abortion practiced by a physician or midwife and
dispensing of abortives (Art. 259)
Elements of Abortion Practiced by a Physician/Midwife:
 That there is a pregnant woman who has suffered
an abortion;
 That the abortion is intended;
 That the offender, who must be a physician or a
midwife, causes or assists in causing the abortion;
 That said physician or midwife takes advantage of
his or her scientific knowledge or skill
Elements of Dispensing of Abortives:
 That the offender is a pharmacist;
 That there is no proper prescription from a
physician;
 That the offender dispenses any abortive.
S.3 – Duel
13. Responsibility of participants in a duel (Art. 260)
Acts punishable:
a. By killing one’s adversary in a duel;
b. By inflicting upon such adversary physical
injuries;
c. By making a combat although no physical
injuries have been inflicted.
Persons liable:
a. The person who killed or inflicted physical
injuries upon his adversary or both combatants,
as principals;
b. The seconds, as accomplices.

14. Challenging to a duel (Art. 261)

Persons liable:
a. Challenger;
b. Instigators.

Physical Injuries
15. Mutilation (Art. 262)
Acts punishable:
a. By intentionally mutilating another by depriving
him, either totally or partially, of some essential
organ for reproduction (Castration);
b. By intentionally making other mutilation, that is,
by lopping or clipping off any part of the body of
the offended party, other than the essential organ
for reproduction, to deprive him of that part of
his body.

Elements of Castration:
 That there be a castration, that is, mutilation of
organs necessary for generation, such as the penis
or ovarium;

21
  That the mutilation is caused purposely or
deliberately, that is to deprive the offended party of
some essential organ for reproduction.

16. Serious physical injuries (Art. 263)

How committed:
a. By wounding;
b. By beating; or
c. By assaulting (Art. 263) or
d. By administering injurious substance (Art. 264).

Instances covered:
a. When the injured person becomes insane,
imbecile, impotent, or blind;
b. When the injured person loses use of speech,
power to hear or smell, loses an eye, hand, foot,
arm, or leg, or loses use of any such member or,
becomes incapacitated for the work in which he
was therefore habitually engaged;
c. When the injured person becomes deformed, or
loses any other member of the body, or the use
therefor, or becomes ill or capacitated for the
performance of the work in which he was
habitually engaged for more than 90 days.
d. When the injured person becomes ill or
incapacitated for labor for more than 30 days.

17. Administering substances or beverages (Art. 264)

Elements:
 That the offender inflicted upon another any
serious physical injury;
 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;
 That he had no intention to kill.
18. Less serious physical injuries (Art. 265)
Elements:
 That the offended party is incapacitated for labor
for 10 days or more, but not more than 30 days;
 That the physical injuries must not be those
described in the preceding article.

19. Slight physical injuries and maltreatment (Art. 266)

Acts punishable:
a. Physical injuries which incapacitated the
offended party from labor from 1-9 days, or
required medical attendance from the same
period; or
b. Physical injuries which did not prevent the
offended party from engaging in his habitual

22
 work or which did not require medical
attendance;
c. Ill-treatment by another by deed without causing
any injury.

Rape
20. Rape. (RA 8353)
Classifications:
a. Rape by a man who shall have carnal knowledge
of a woman under any of the following
circumstances:
i. Through force, threat, or intimidation
ii. When the offended party is deprived of
reason, or is otherwise unconscious
iii. By means of fraudulent machinations
or grave abuse of authority
iv. When the offended party is under 12
years of age, or is demented, even
though none of the circumstances
mentioned above be present;
b. Rape by sexual assault under RA 8353 wherein
the offender inserts his penis to another person’s
mouth or anal orifice, or any instrument or object
into the genital or anal orifice of another person.

Elements of the first classification:

 That the offender is a man;
 That the offender had carnal knowledge of a
woman;
 That such act is accomplished under any of the
following circumstances:
 Through force, threat, or intimidation
 When the offended party is deprived of
reason, or is otherwise unconscious
 By means of fraudulent machinations
or grave abuse of authority
When the offended party is under 12 years of age, or is
demented, even though none of the circumstances
mentioned above be present.

Elements of the second classification:

 That the offender commits an act of sexual
assault;
 That the act of sexual assault is committed by
any of the following means:
 By inserting his penis into another
person’s mouth or anal orifice, or
 By inserting any instrument or object
into the genital or orifice of another
person.

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  That the act of sexual assault is accomplished
under any of the circumstances enumerated
under the first act of committing rape.

D. Title IX- Crimes Against Personal Liberty and

Security

Crimes Against Liberty

S. 1 – Illegal detention
1. Kidnapping and serious illegal detention (Art. 267)
Elements:
 That the offender is a private individual;
 That he kidnaps or detains another, or in any
other manner deprives the latter of his liberty;
 That the act of detention or kidnapping must be
illegal;
 That in the commission of the offense, any of the
ff circumstances are present:
o That the kidnapping or detention lasts for
more than 3 days
o That it is committed simulating public
authority
o That any serious physical injuries are
inflicted upon the person kidnapped or
detained or threats to kill him are made, or
o That the person kidnapped or detained is a
minor, female, or a public officer.

2. Slight illegal detention (Art. 268)

Elements:
 That the offender is a private individual;
 That he kidnaps or detains another, or in any
other manner deprives him of his liberty;
 That the act of kidnapping or detention is illegal;
 That the crime is committed without the
attendance of any of the circumstances
enumerated in Art. 267.

3. Unlawful arrest (Art. 269)

Elements:
 That the offender arrests or detains another
person;
 That the purpose of the offender is to deliver him
to the proper authorities;
 That the arrest or detention is not authorized by
law or there is no reasonable ground therefor.

S. 2 – Kidnapping of minors
4. Kidnapping and failure to return a minor (Art. 270)
Elements:

24
  That the offender is entrusted with the custody of
a minor person (whether over or under 7 years,
but less than 21);
 That he deliberately fails to restore the said
minor to his parents or guardians.

5. Inducing a minor to abandon his home (Art. 271)

Elements:
 That the offender is living in the home of his
parents or guardian of the person entrusted with
his custody;
 That the offender induces said minor to abandon
such home.

S.3 – Slavery and Servitude

6. Slavery (Art. 272)
Elements:
 That the offender purchases, sells, kidnaps, or
detains a human being;
 That the purpose of the offender is to enslave
such human being.

7. Exploitation of child labor (Art. 273)

Elements:
 That the offender retains a minor in his service;
 That it is against the will of the minor;
 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.

8. Services rendered under compulsion in payment of debt

(Art. 274)
Elements:
 That the offender compels a debtor to work for
him, either as a household servant or farm
laborer;
 That it is against the debtor’s will;
 That the purpose is to require or enforce the
payment of a debt.

Crimes Against Security

S. 1 – Abandonment of helpless persons and
exploitation of minors
9. Abandonment of persons in danger and abandonment of
one’s victim (Art. 275)
Acts punishable:
a. By failing to render assistance to any person
whom the offender finds in an uninhabited
place wounded or in danger of dying when
he can render such assistance without

25
 detriment to himself, unless such omission
shall constitute a more serious offense;
b. By failing to help or render assistance to
another whom the offender has accidentally
wounded or injured;
c. By failing to deliver a child, under 7 years of
age whom the offender has found
abandoned, to the authorities or to his
family, or by failing to take him to a safe
place.
Elements under the first act:
 The place is not inhabited;
 The accused found there a person wounded, or
in danger of dying;
 The accused can render assistance without
detriment to himself;
 The accused fails to render assistance.

9. Abandoning a minor (Art. 276)

Elements:
 That the offender has the custody of a child;
 That the child is under 7 years of age;
 That he abandons such child;
 That he has no intent to kill the child when the
latter is abandoned.
10. Abandonment of minor by person entrusted with his
custody; indifference of parents (Art. 277)
Acts punished:
a. Abandonment of minor by one charged with the
rearing or education of said minor;
b. Indifference of parents.
Elements of Abandonment of Minor by one Charged with
the Rearing or Education of said Minor:
 That the offender has charge of the rearing or
education of a minor;
 That he delivers said minor to a public institution
or other persons;
 That the one who entrusted such child to the
offender has not consented to such act; or if the
one who entrusted such child to the offender is
absent, the proper authorities have not
consented to it.

Elements of Indifference of Parents:

 That the offender is a parent;
 That he neglects his children by not giving
them education;
 That his station in life requires such education
and his financial condition permits it.

12. Exploitation of minors (RA 7610 as amended)

Acts punished:

26
  Any person who shall cause any boy or girl under
16 years of age to perform any dangerous feat of
balancing, physical strength, or contortion;
 Any person who, being an acrobat, gymnast,
rope-walker, diver, wild-animal tamer or circus
manager or engaged in a similar calling, shall
employ in exhibitions of these kinds of children
under 16 years of age who are not his children or
descendants;
 Any person engaged in any of the callings
enumerated in the next preceding paragraph who
shall employ any descendant of his under 12
years of age in such dangerous exhibitions;
 Any ascendant, guardian, teacher, or person
entrusted in any capacity capacity with the care
of a child under sixteen years of age, who shall
deliver such child graciously to any person
following any of the callings enumerated in
paragraph 2 hereof, or to any habitual vagrant or
beggar;
 Any person who shall induce any child under
sixteen years of age to abandon the home of its
ascendants, guardians, curators, or teachers to
follow any person engaged in any of the callings
mentioned in paragraph 2 hereof, or to
accompany any habitual vagrant or beggar.

S. 2 – Trespass to dwelling
13. Qualified trespass to dwelling (Art. 280)
Elements:
 That the offender enters another’s dwelling
against the will of the occupant;
 The entry is effected through violence or
intimidation;
 The dwelling embraces a room in a hotel, or a
room in a house where one resides as a
boarder;
 Other analogous acts.

13. Other forms of trespass (Art. 281)

Elements:

 The offender entered closed premises;

 The offender entered unfenced estates with a
clear and manifest prohibition against entry
therein;
 Other analogous acts.

S. 3 – Threats and coercion

15. Grave threats (Art. 282)
Acts punishable:

27
 a. By threatening another with the infliction upon
his person, honor, or property or that of his
family of any wrong amounting to a crime and
demanding money or imposing any other
condition, even though not unlawful, and the
offender attained his purpose
b. By making such threat without the offender
attaining his purpose
c. By threatening another with the infliction upon
his person, honor, or property or that of his
family of any wrong amounting to a crime, the
threat not being subject to a condition.

Elements of Grave Threats where Offender attained his

purpose:
 That the offender threatens another person with
the infliction upon the latter’s person, honor, or
property, or upon that of the latter’s family, of
any wrong;
 That such wrong amounts to a crime;
 That there is a demand for money or that any
other condition is imposed, even though not
unlawful;
 That the offender attains his purpose.

Elements of Grave Threats not subject to a condition:

 That the offender threatens another person with
the infliction upon the latter’s person, honor, or
property, or upon that of the latter’s family, of
any wrong;
 That such wrong amounts to a crime;
 That the threat is not subject to a condition.

16. Light threats (Art. 283)

Elements of Light Threats:
 That the offender makes a threat to commit a
wrong;
 That the wrong does not constitute a crime;
 That there is a demand for money or that other
condition is imposed, even though not unlawful;
 That the offender has attained his purpose or,
that he has not attained his purpose.

17. Other light threats (Art. 285)

Acts punished as other light threats:
a. By threatening another with a weapon, or by
drawing such weapon in a quarrel, unless it be in
lawful self-defense
b. By orally threatening another, in the heat of
anger, with some harm not constituting a crime,
without persisting in the idea involved in his
threat

28
 c. By orally threatening to do another any harm not
constituting a felony.

18. Grave coercions (Art. 286)

Elements:
 That a person prevented another from doing
something not prohibited by law, or that he
compelled him to do something against his will be
it right or wrong;
 That the prevention or compulsion be effected by
violence, threats, or intimidation;
 That the person that retrained the will and liberty
of another had not the authority of law or the
right to do so, or in other words, that the
restraint shall not be made under authority of
law or in the exercise of any lawful right. (People
vs. Rimando)

19. Light coercions (Art. 287)

Elements:
 That the offender must be a creditor;
 That he seizes anything belonging to his debtor;
 That the seizure of the thing be accomplished by
means of violence or a display of material force
producing intimidation;
 That the purpose of the offender is to apply the
same to the payment of the debt.

20. Other similar coercions – Compulsory purchase of

merchandise and payment of wages by means of tokens
(Art. 288)
Elements of Compulsory Purchase of Merchandise:
 That the offender is any person, agent, or officer
of any association or corporation;
 That he or such firm or corporation has employed
laborers or employees;
 That he forces or compels, directly or indirectly,
or knowingly permits to be forced or compelled,
any of his or its laborers or employees to
purchase merchandise or commodities of any
kind from him or from said firm or corporation.

Elements of Payment of Wages by Means of Tokens:

 That the offender pays the wages due a laborer or
employee employed by him by means of tokens or
objects;
 That those tokens or objects are other than the
legal tender currency of the Philippines;
 That such employee or laborer does not expressly
request that he be paid by means of tokens or
objects.

29
 21. Formation, maintenance, and prohibition of
combination of capital or labor through violence or threats
(Art. 289)
Elements:
 That the offender employs violence or threats, in
such a degree as to compel or force the laborers
or employers in the free and legal exercise of their
industry or work;
 That the purpose is to organize, maintain, or
prevent coalitions of capital or labor, strike of
laborers or lockout of employees.

Discovery and Revelation of Secrets

22. Discovering secrets through seizure of correspondence
(Art. 290)
Elements:
 That the offender is a private individual or even a
public officer not in the exercise of his official
function;
 That he seizes the papers or letter of another;
 That the purpose is to discover the secrets of
such another person;
 That offender is informed of the contents of the
papers or letters seized. (People vs. Singh)

23. Revealing secrets with abuse of office (Art. 291)

Elements:
 That the offender is a manager, employee or
servant;
 That he learns the secrets of his principal or
master in such capacity;
 That he reveals such secrets.

24. Revealing of industrial secrets (Art. 292)

Elements:
 That the offender is a person in charge, employee,
or workman of a manufacturing or industrial
establishment;
 That the manufacturing or industrial
establishment has a secret of the industry which
the offender has learned;
 That the offender reveals such secrets;
 That prejudice is caused to the owner.

E. Title X – Crimes Against Property

Robbery in General
29. Robbery (Art. 293)
Elements:
 That the subject of robbery must be personal
property;
 The personal property belongs to another;

30
  The taking must be unlawful;
 Committed with intent to gain;
 Committed by means of:
a. Violence against or intimidation of any person
or
b. Using force upon anything.

S. 1 – Robbery with violence against or intimidation of

persons
30. Robbery with violence against or intimidation of
persons (Art. 294)
31. Attempted and frustrated robbery committed under
certain circumstances (Art. 297)
32. Execution of deeds by means of violence or
intimidation (Art. 298)
Elements:
 That the offender has the intent to defraud
another;
 That the offender compels him to sign, execute, or
deliver the public instrument or document;
 That the compulsion is by means of violence or
intimidation.

33. Robbery in an inhabited house or public building or

edifice devoted to worship (Art. 299)
Two Kinds of Robbery of Force upon Things under 299:
a. When the malefactors entered a house or
building under the four circumstances
mentioned, or
b. When the robbery committed under the two
circumstances involving the breaking or taking
away for breaking.
Elements of Art. 299 (a):
 That the offender enters an:
a. Inhabited house
b. Public building
c. Edifice devoted to religious worship;
 That the entrance was effected by any of the
following:
a. Through an opening not intended for entrance
or egress
b. By breaking any wall, roof, or floor, or
breaking any door or window;
c. By using false keys, picklocks, or other
similar tools or
d. By using fictitious name or pretending the
exercise of public authority;
 That once inside the building the offender took
personal property of another with intent to gain.

Elements of Art. 299 (b):

31
  That the offender is inside an inhabited house,
public building, or edifice devoted to religious
worship, regardless of the circumstance under
which he entered it;
 That the offender takes personal property
belonging to another with intent to gain under
any of the following circumstances:
a. By the breaking of doors, wardrobes,
chests, or any other kind of locked or
sealed furniture or receptacle
b. By taking such furniture or objects
away to be broken or force open
outside the place of the robbery.

34. Robbery in an uninhabited place and by a band

(Art. 300)
35. Robbery in an uninhabited place or in a private
building (Art. 302)
Elements:
 That the offender enters an uninhabited place or
building which was not a dwelling house;
 That any of the circumstances were present:
c. The entrance was effected through an
opening not intended for entrance or
egress
d. A wall, roof, floor, or outside or was
broken
e. The entrance was effected through
false keys, picklocks, or other similar
tools
f. A door, wardrobe, chest, or any sealed
or closed furniture or receptacle was
broken, or
g. A closed or sealed receptacle was
removed even if the same be broken
open elsewhere.
 That it was taken with intent to gain.

36. Robbery of cereals, fruits, or firewood in an

uninhabited place or private building (Art. 303)

37. Possession of picklocks or similar tools (Art. 304)

Elements:
 That the offender has in his possession a
picklock or similar tools;
 That such picklocks or similar tools are specially
adopted to the commission of robbery;
 That the offender does not have lawful cause for
such possession.

Brigandage
38.Brigandage (Art. 306)

32
Elements:
 The offense is committed by at least four armed
persons;
 The offenders formed a band for the purposes of
committing any or all of the following:
a. Robbery in the highway
b. Kidnapping of persons for ransom
c. Attain any other purpose through force and
violence
 There is a preconceived or intended victim.

39.Aiding and abetting a band of brigands (Art. 307)

Acts punishable:
1. Aiding, abetting, or protecting a band of brigands;
2. Giving them information of the movements of the
police or other peace officers of the government;
and
3. Acquires or receives the property taken by such
brigands.

Theft
40.Theft (Art. 308)
Elements:
 There is the taking of personal property;
 That the said property belongs to another;
 That the taking is done with intent to gain,
presumed from unlawful taking;
 That the taking is done without the consent of
the owner or current possessor;
 That the taking be accomplished without the use
of violence or intimidation against persons or
force upon things;
 That the possession of the thing taken by the
offender is only material or physical possession,
not juridical.

41. Qualified theft (Art. 310)

Instances covered:
a. Those committed by a domestic servant;
b. Those committed with grave abuse of confidence
c. Stolen property be a motor vehicle (RA 10883), mail
matter, or large cattle (PD 533)
d. Stolen property consists of coconuts taken from the
premises of a plantation
e. Property stolen is fish taken from a fishpond or fishery
f. If property be stolen on occasion of fire, earthquake,
typhoon, volcanic eruption, or any other calamity,
vehicular accident or civil disturbance.

42.Theft of property of the National Library and National

Museum (Art. 311)

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 Usurpation
43.Occupation of real property or usurpation of real rights
in property (Art. 312)
Elements:
 That the offender takes possession of a real
property, or usurps any real rights in property;
 That the real property or real right belongs to
another;
 That violence against or intimidation of persons
is used by the offender in occupying the real
property or usurping real rights in property;
 That there is intent to gain.

44. Altering boundaries or landmarks (Art. 313)

Elements:
 That there be boundary marks or monuments of
towns, provinces, or estates, or any other mars
intended to designate the boundaries of the
same;
 That the offender alters said boundary marks.

Culpable Insolvency
45. Fraudulent insolvency (Art. 314)
Elements:
 That the offender is a debtor, that is, he has
obligations due and demandable;
 That he absconds his property;
 That there be prejudice to his creditors.

Swindling and Other Deceits

46. Swindling (estafa) (Art. 315)
Two General Elements:
 The offender defrauded another either by the
three ways:
o Abuse of confidence
o False pretenses or fraudulent acts
o Fraudulent means;
 That there be prejudice on the part of the
offended party that is capable of pecuniary
estimation.

47.Other forms of swindling (Art. 316)

Acts punishable:
a. By conveying, selling, encumbering, or mortgaging any
real property, pretending to be the owner of the same;
Elements:
 That the thing be immovable;
 That the offender who is not the owner of said
property should represent that he is the owner;
 That the offender should have executed an act of
ownership;

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  That the act be made to the prejudice of the
owner or third person.
b. By disposing of real property as free from encumbrance,
although such encumbrance be not recorded;
Elements:
 That the thing disposed of be real property;
 That the offender knew that the real property was
encumbered, whether the encumbrance was
recorded or not;
 That there be express representation by the
offender that the real property is free from
encumbrance;
 That the act of disposing the real property was
made to the damage of another.

c. By wrongfully taking by the owner his personal property

from its lawful possessor;
Elements:
 That the offender is the owner of the personal
property;
 That said personal property is in the lawful
possession of another;
 That the offender wrongfully takes it from its
lawful possessor;
 That prejudice is thereby caused to the possessor
or third person

d. By executing any fictitious contract to the prejudice of

another;
e. By accepting any compensation for services not rendered
or for labor not performed;
f. By selling, mortgaging, or encumbering real property or
properties with which the offender guaranteed the
fulfillment of his obligation as surety.
Elements:
 That the offender is a surety in a bond given in a
criminal or civil action;
 That he guaranteed the fulfillment of such
obligation with his real property/ies;
 That he sells, mortgages, or in any other manner
encumbers said real property;
 That such sale, mortgage, or encumbrance is
made:
o Without express authority from the court, or
o Before being relieved from the obligation
contracted by him.

48. Swindling a minor (Art. 317)

Elements:
 That the offender takes advantage of his
inexperience or emotions, or feelings of a minor;
 That he induces such minor to:

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 a. Assume an obligation
b. Give or release property right
c. Execute a transfer of any property right;
 That the consideration is:
a. Some loan of money
b. Credit
c. Other personal property
 That the transaction is to the detriment of such
minor.

49.Other deceits (Art. 318)

Chattel Mortgage
50.Removal, sale, or pledge of mortgaged property (Art. 319)
Elements of 319 (1):
 That personal property is mortgaged under the
Chattel Mortgage Law;
 That the offender knows that such property is so
mortgaged;
 That he removes such mortgaged personal
property to any province or city other than the one
in which it was located at the time of the execution
of mortgage;
 That there is no written consent of the mortgagee
or his executors, administrators, or assigns to
such removal.

Elements of 319 (2):

 That personal property is already pledged under
the terms of the Chattel Mortgage Law;
 That the offender, who is the mortgagor of such
property, sells, or pledges the same or any part
thereof;
 That there is no consent of the mortgagee written
on the back of the mortgage and noted on the
record thereof in the office of the register of deeds.

Arson and other Crimes Involving Destruction

51.Articles 320 to 326-B are repealed or amended by PD.
1613, as amended by RA No. 7659
Elements:
 That the offender is any person burning a
structure (edifice, building, or dwelling);
 That the burning is intentional and with intent to
damage the property;
 Other analogous acts.

Malicious Mischief
52. Malicious mischief (Art. 327)
Elements:

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  That the offender deliberately caused damage to
the property of another;
 That such act does not constitute arson or other
crime involving destruction;
 That the act of damaging another’s property be
committed merely for the sake of damaging it.

53.Special cases of malicious mischief (Art. 328)

Qualified malicious mischief:
a. Causing damage to obstruct the performance of public
functions;
b. Using any poisonous or corrosive substance;
c. Spreading any infection or contagion among cattle;
d. 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.

54. Other mischiefs (Art. 329)

55. Damage and obstruction to means of communication
(Art. 330)
56. Destroying or damaging statues, public monuments or
paintings (Art. 331)

F. Title XI – Crimes Against Chastity

Adultery and Concubinage

1. Adultery (Art. 333)
Elements:
 That the woman is married;
 That she has sexual intercourse with a man not
her husband;
 That the man whom she has sexual intercourse
with must know her to be married.

2. Concubinage (Art. 334)

Elements:
 That the man is married;
 That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling
b. By having sexual intercourse under scandalous
circumstances with a woman who isn’t his wife
c. By cohabiting with her in any other place
 That the woman he sleeps with must know him to be
married.

Rape and Acts of Lasciviousness

3. Article 335 has been repealed by RA No. 8353, otherwise
known as the “Anti-Rape Law of 1997”. This has been
moved to Title VII under Crimes Against Persons under
Art. 266-A to 266-D.

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 4. Acts of lasciviousness (Art. 336)
Elements:
 That the offender commits any act of
lasciviousness or lewdness;
 That the act of lasciviousness is committed against
a person of either sex;
 That it is done under any of the following
circumstances:
a. By using force 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.

Seduction, Corruption of Minor, and White Slave Trade

5. Qualified seduction (Art. 337)
Elements:
 That the offended party is a virgin, which is presumed if
she is unmarried and of good reputation;
 That she must be over 12 and under 18;
 That the offender has sexual intercourse with her;
 That there is either:
a. Abuse of authority by
i. Persons in public authority
ii. Guardian
iii. Teacher
iv. Person, who in any capacity, is entrusted
with the education or custody of the woman
seduced;
b. Abuse of confidence by
i. Priest
ii. House servant
iii. Domestic
c. Abuse of relationship on the part of the offender.

6. Simple seduction (Art. 338)

Elements:
 That the offended party is over 12 and under 18;
 That she must be of good reputation, single, or
widow;
 That the offender has sexual intercourse with her;
 That it is committed by means of deceit.
7. Acts of lasciviousness with the consent of the offended
party (Art. 339)
Elements:
 That the offender commits acts of lasciviousness
or lewdness;
 That the acts are committed upon a woman who is
virgin, single, or a widow of good reputation, under

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 18 but over 12 years of age, or a sister or
descendant regardless of her reputation or age;
 That the offender accomplishes the acts by abuse
of authority, confidence, relationship, or deceit.

8. Corruption of minors (Art. 340)

9. White slave trade (Art. 341)
Acts punishable:
a. Engaging in the business of prostitution;
b. Profiting by prostitution;
c. Enlisting the services of women for the purpose of
prostitution.

Abduction
10. Forcible abduction (Art. 342)
Elements:
 That the person abducted is any woman,
regardless of her age, civil status, or reputation;
 That the abduction is against her will;
 That the abduction is with lewd designs.

11. Consented abduction (Art. 343)

Elements:
 That the offended party must be a virgin;
 That she must be over 12 and under 18;
 That the taking away of the offended party must be
with her consent, after solicitation or cajolery from
the offender;
 That the taking away of the offended party must be
with lewd designs.

G. Title XII – Crimes Against the Civil Status of Persons

Simulation of Births and Usurpation of Civil Status

1. Simulation of births, substitution of one child for another
and concealment or abandonment of a legitimate child
(Art. 347)
Elements:
 That the child is baptized or registered in the registry of
birth;
 That the child loses its real status and acquires a new
one;
 That the offender’s purpose is to cause the loss of any
trace of the child’s filiations.

2. Usurpation of civil status (Art. 348)

Elements:
 That the offender represents himself as another;
 That the offender assumes the rights pertaining to
another.

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 Illegal Marriages
3. Bigamy (Art. 349)
Elements:
 That the offender has been legally married;
 That the marriage has not been legally dissolved,
or in case his or her spouse is absent, the absent
spouse could not yet be presumed dead according
to the Civil Code;
 That the contracts a second or subsequent
marriage;
 That the second or subsequent marriage has all
the essential requisites for validity.

4. Marriage contracted against the provisions of laws (Art.

350)
Elements:
 That the offender contracted a marriage;
 That he knew at the time of the marriage that the
requirement of the law had not been complied with
or that legal impediments for such marriage had
been disregarded.

5. Article 351 has been repealed by RA 10665

6. Performance of illegal marriage ceremony (Art. 352)
Elements:
 That the offender is either a priest or minister of
any religious affliation, or by civil authorities;
 That the offender performs a marriage ceremony;
 That the marriage is invalid.

H. Title XIII – Crimes Against Honor

Libel
1. Libel (Art. 353)
Elements:
 That there must be an imputation of a crime, or of
a vice or defect, real or imaginary, or any act,
omission, status or circumstance;
 That the imputation must be made publicly;
 That it must be malicious;
 That the imputation must be directed at a natural
person or a juridical person, or one who is dead;
 That the imputation must tend to cause the
dishonor, discredit, or contempt of the person
defamed.

2. Libel by means of writings or similar means (Art. 355)

3. Threatening to publish and offer to prevent such
publication for a compensation (Art. 356)
Acts punished:

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 a. By threatening another to publish a libel concerning
him, or his parents, spouse, child, or other members
of his family;
b. By offering to prevent the publication of such libel for
compensation or money consideration.

4. Prohibited publication of acts referred to in the course of

official proceedings (Art. 357)
Elements:
 That the offender is a reporter, editor, or manager
of a newspaper daily or magazine;
 That he publishes facts connected with the private
life of another;
 That such facts are offensive to the honor virtue
and reputation of said person.

5. Slander (Art. 358)

Kinds:
a. Simple slander;
b. Grave slander, when it is of serious and insulting
nature.

6. Slander by deed (Art. 359)

Elements:
 That the offender performs any act not included in any
other crime against honor;
 That such act is performed in the presence of another
person or persons;
 That such act casts dishonor, discredit, or contempt
upon the offended party.

Incriminatory Machinations
7. Incriminating innocent person (Art. 363)
Elements:
 That the offender performs an act;
 That by such act he directly incriminates or
imputes to an innocent person the commission of
a crime;
 That such act does not constitute perjury.

8. Intriguing against honor (Art. 364)

I. Title XIV – Quasi-Offenses

Criminal Negligence
1. Imprudence and negligence (Art. 365)

Elements of Simple Imprudence:

 That there is lack of precaution on the part of the
offender;
 That the damage impending to be caused is not
immediate, nor the danger clearly manifest.

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Elements of Reckless Imprudence:
 That the offender does or fails to do an act;
 Doing of or the failure to do the act is voluntary;
 That it be without malice;
 That material damage results;
 That there is inexcusable lack of precaution on the part
of the offender, taking into consideration –
o His employment or occupation
o Degree of intelligence and physical condition
o Other circumstances regarding persons, time and
place.

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J. ELEMENTS UNDER THE FOLLOWING SPECIAL LAWS

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