DISTINCTION OF CRIMES
ESPIONAGE
Not conditioned by the citizenship of the
offender
May be committed both in time of war and in
time of peace
May be committed in many ways
PIRACY
Persons who attack the vessel or seize its cargo
are strangers to said vessels
Intent to gain is essential
ARBITRARY DETENTION
Offender is a public officer who has authority to
make arrests and detain persons
Intent is to violate the offended party’s
constitutional freedom against warrantless arrest
REBELLION
Object is to completely overthrow and supplant
the existing government
TREASON
Not conditioned by the citizenship of the
offender
May be committed both in time of war and in
time of peace
Limited only to two ways of committing the
crime: levying of war and adhering to the enemy
giving him aid or comfort
MUTINY
Persons who attack the vessel or seize its cargo
are members of the crew or passengers
Intent to gain is not essential. The offenders may
only intend to ignore the ship’s officers or they
may be prompted by a desire to commit plunder.
ILLEGAL DETENTION
Offender can be:
(1) Private person; or
(2) Public officer who is acting in a private
capacity or beyond the scope of his official duty
Intent is to deprive the offended party of his
personal liberty
INSURRECTION
A movement seeking to effect some change of
minor importance or to prevent the exercise of
governmental authority with respect to particular
matters or subjects
 REBELLION
The levying of war against the government during
peace time
(i) To remove from the allegiance to the
government or its laws the Philippine territory or
any part thereof, or any body of land, naval, or
other armed forces; or
(ii) To deprive the Chief Executive or Congress,
wholly or partially, of any of their powers or
prerogatives.
TREASON
The levying of war against the government
(during a time when there is a war that the
Philippines is a part of) would constitute treason
(i) when performed to aid the enemy
(ii) when there is adherence to the enemy, giving
him aid and comfort

Always involves taking up arms against the Does not necessarily involve taking up of arms
government.

REBELLION SEDITION
There must be a public uprising.
There must be taking up of arms against the It is sufficient that the public uprising be
government. tumultuous.

The purpose is always political. The purpose may be political or social.

PROPOSAL TO COMMIT REBELLION INCITING TO REBELLION

The offender induces another to commit rebellion. Rebellion should not be actually committed by the
persons to whom it is proposed or who are incited. Otherwise, they become principals by inducement
in the crime of rebellion.

The person who proposes has decided to commit There is no need that the offender has decided to
rebellion. commit rebellion.

The person who proposes the execution of the The act of inciting is done publicly.
crime uses secret means.

SEDITION COUP D’ETAT

There is no distinction as to who may commit; a Offender belongs to the military or police or
private individual may commit the offense holding any public office or employment

Primary purpose is to disturb public peace To seize or to diminish state power

 SEDITION
It is the raising of commotions or disturbances in
the State.
REBELLION
Crime against public order
Undertaking a public uprising to overthrow the
government
POLITICAL CRIME
Crimes directly aimed against the political order
TRESPASS TO DWELLING
Offender is a private person
He enters the dwelling of another;
such entrance is against the latter’s will
PROHIBITION, INTERRUPTION AND
DISSOLUTION OF PEACEFUL MEETINGS
Offender is a public officer or employee
He prohibits or interrupts, without legal ground,
the holding of a peaceful meeting or by dissolving
the same
TREASON
It is the violation by a subject of his allegiance to
his sovereign.
SUBVERSION
Crime against national security
Being a member of a subversive group
COMMON CRIME
Intent or motive is not political
VIOLATION OF DOMICILE
Offender is a public officer or employee
He is not authorized by judicial order –
(i) To enter the dwelling;
(ii) To make a search therein for papers or other
effects; or
(iii) He refuses to leave, after having
surreptitiously entered such dwelling and been
required to leave the same
DISTURBANCE OF PUBLIC ORDER
Offender is a private individual
He interrupts or disturbs performances, functions
or gatherings or peaceful meetings
 ILLEGAL ASSEMBLY
There must be an actual meeting or assembly
What is punished are the meeting and the
attendance therein
Persons liable:
(1) organizers or leaders of the meeting
Organizers
(2) persons present at the meeting
DIRECT ASSAULT
Person in authority or his agent must be engaged
in the performance of official duties or he is
assaulted by reason of the past performance of
official duties
Committed by employing force or intimidation
for the attainment of any of the purposes
enumerated in defining the crimes of rebellion
and sedition; or
by attacking, by employing force or by seriously
intimidating or by seriously resisting any person
in authority or any of his agents
There is force employed
QUASI-RECIDIVISM
Offender committed a new felony before
beginning to serve such sentence or while serving
the same
FORGERY
Refers to the falsification and counterfeiting of
treasury or bank notes or any instruments
payable to bearer or to order
ILLEGAL ASSOCIATION
Actual meeting not necessary
What is punished is the act of forming or
organizing the association
Persons liable:
(1) founders, directors, president
(2) members
SERIOUS DISOBEDIENCE
Person in authority or his agent must be in actual
performance of his duties
Committed only by resisting or seriously
disobeying a person in authority or his agent
Use of force in resistance is not so serious
REITERACION
Offender must have served out the sentence for
the prior offense
FALSIFICATION
The commission of any of the 8 acts mentioned in
Article 171 on legislative (only the act if making
alteration) public or official, commercial or
private documents or wireless or telegraph
messages.
 USE OF FICTITIOUS NAME
Element of Publicity
Purpose is to conceal a crime, evade execution of
judgment, cause damage)
MALFEASANCE MISFEASANCE
The performance of an act Improper performance of some
which ought not to be done act which might lawfully be
done
BRIBERY
The offender refrained from doing
his official duty in consideration of a gift received
or promised
DIRECT BRIBERY
The officer agrees to perform or refrain from
doing an act in consideration of the gift or
promise.
MALVERSATION
The offender misappropriates public funds or
property for his own personal use, or allows any
other person to take such funds or property for
the latter’s own personal use.
MALVERSATION AND FALSIFICATION
When the postmaster received money orders,
signed the signatures of the payees thereon,
collected and appropriated the respective
amounts thereof, the postmaster is guilty of
malversation and falsification.
CONCEALING TRUE NAME
Publicity not necessary
Merely to conceal identity.
NONFEASANCE
Omission of some act which
ought to be performed
PREVARICACION
It is not necessary that the refrainment be in
consideration of a gift received or promised.
INDIRECT BRIBERY
It is not necessary that the officer do any act. It is
sufficient that he accepts the gift offered by
reason of his office.
ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY /
TECHNICAL MALVERSATION
The public officer applies the public funds or
property under his administration to another
public use different from that for which the
public fund was appropriated by law or
ordinance.
INFIDELITY IN THE CUSTODY OF DOCUMENT
When the postmaster receives letters or
envelopes containing money orders for
transmission, and the money orders are not sent
to the addressees, the postmaster cashing the
same for his own benefit, he is guilty of infidelity
in the custody of papers.
 ABANDONMENT OF OFFICE OR POSITION DERELICTION OF DUTY
Committed by any public officer Committed only by public officers who have the
duty to institute prosecution for the punishment
of violations of the law

There is actual abandonment through resignation Public officer does not abandon his office but
to evade the discharge of duties merely fails to prosecute a violation of the law.

ABORTION INFANTICIDE
Fetus could not sustain independent life. No legal Fetus could sustain an independent life after
viability. separation from the mother’s womb.

PHYSICAL INJURIES ATTEMPTED OR FRUSTRATED HOMICIDE

No intent to kill offended party May be committed even if no physical injuries are
inflicted
Offender has intent to kill party

SEDUCTION ABDUCTION
Offender has sexual intercourse with her; Offender takes her away with her consent, after
solicitation or cajolery from the offender;

There is abuse of authority, confidence, or The taking away is with lewd designs.
relationship on the part of the offender.

SEDUCTION ACTS OF LASCIVIOUSNESS

Enticing a woman to unlawful sexual intercourse Act of lasciviousness or lewdness is committed
by promise of marriage or other means of against a person of either sex
persuasion
Without use of force. May use force or intimidation

MURDER HOMICIDE
The unlawful killing of any person which is not Killing was not attended by any of the qualifying
parricide or infanticide with any of the qualifying circumstances of murder, or by that of parricide
circumstances mentioned in Art. 248. or infanticide.
 QUALIFIED TRESPASS TO DWELLING
Offender is a private person
Offender enters a dwelling
Place entered is inhabited
Act constituting the crime is entering the dwelling It is the entering the closed premises or the
against the will of the owner
Prohibition to enter is express or implied
GRAVE THREATS
Intimidation is essential
Intimidation is future and conditional
Intimidation is directed against the victim or his
family
ROBBERY WITH FORCE UPON THINGS
The taking is always robbery.
Value of the thing taken is immaterial. The
penalty depends on:
(1) the result of the violence used (homicide,
rape, intentional mutilation, serious physical
injuries, less serious or slight physical injuries
resulted) and
(2) the existence of intimidation only
OTHER FORMS OF TRESPASS
The offender is any person
Offender enters closed premises or fenced estate
Place entered is uninhabited
fenced estate without securing the permission of
the owner or caretaker thereof
Prohibition to enter must be manifest
GRAVE COERCION
Intimidation or violence is the essence of the
crime
Force or violence must be imminent, actual, and
immediate
Intimidation is directed against the victim only
ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
The taking is robbery only if force is used to:
(1) enter the building
(2) break doors, wardrobes, chests, or any other
kind of locked or sealed furniture or receptacle
inside the building; OR
(3) force them open outside after taking the
same from the building
If committed in an inhabited house, public
building, or edifice devoted to religious worship,
the penalty is based on:
(1) the value of the thing taken and
(2) whether or not the offenders carry arms;
 BRIGANDAGE ROBBERY IN BAND
PURPOSE
(1) Commit robbery in a highway Commit robbery, and not necessarily in a
(2) Kidnap to extort or get ransom highway
(3) Any other purpose to be achieved by means
of force or violence
PROOF
Mere formation of a band for any of the above It is necessary to prove that the band actually
purposes is sufficient. There is no requirement committed the robbery. Conspiracy to commit
that the brigands consummate the crime. robbery is not punishable.

ROBBERY THEFT
Taking should be against the will of the owner Consent on the part of the owner is lacking

KIDNAPPING AND FAILURE TO RETURN A MINOR KIDNAPPING AND SERIOUS ILLEGAL DETENTION
Offender is entrusted with the custody of the The offender is not entrusted with the custody of
minor the minor.

What is punished is the illegal detaining or What is punished is the deliberate failure of the
kidnapping of the minor offender having custody of the minor to restore
him to his parents or guardians

EXPLOITATION OF MINORS INDUCING A MINOR TO ABANDON HIS HOME

Purpose of inducing the minor to abandon his No such purpose
home is to follow any person engaged in any of
the callings mentioned

Victim is under 16 years of age Victim is a minor (below 18 years of age)

ACTS OF LASCIVIOUSNESS GRAVE COERCION

Compulsion or force is included in the Compulsion or force is the very act constituting
constructive element of force. the offense of grave coercion.

Must be accompanied by acts of lasciviousness or Moral compulsion amounting to intimidation is

lewdness. sufficient.
 ACTS OF LASCIVIOUSNESS ATTEMPTED RAPE
Acts performed do not indicate that the accused Acts performed clearly indicate that the
was to lie w/ the offended party. accused’s purpose was to lie w/ the offended
woman.

Lascivious acts are the final objective sought by Lascivious acts are only the preparatory acts to
the offender. the commission of rape.

ESTAFA WITH ABUSE OF CONFIDENCE MALVERSATION

Funds or property usually public Funds/property are always private

Offender is usually a public officer who is Offender is a private individual or even a public
accountable for the public funds/property officer who is not accountable for public
funds/property

Crime is committed by appropriating, taking, or Crime is committed by misappropriating,

misappropriating/consenting or through converting, or denying having received money,
abandonment or negligence, permitting any goods or other personal property
other person to take the public funds/property

No element of damage. There is damage.

Demand not necessary. There is a need for prior demand.

LIBEL SLANDER SLANDER BY DEED

Defamation committed by
means of writing, printing,
lithography, engraving, radio,
phonograph, painting or
theatrical or cinematographic
exhibition, or any similar
means.
Libel committed by oral
(spoken) means, instead of in
writing.
The speaking of base and
defamatory words which tend
to prejudice another in his
reputation, office, trade,
business or means of livelihood.
A crime against honor which is
committed by performing any
act which casts dishonor,
discredit, or contempt upon
another person.