Article 138 7.

to despoil, for any political or social end, any

person, municipality or province, or the national
INCITING TO REBELLION OR INSURRECTION
government of all its property or any part thereof
 ELEMENTS:
2. That they employ force, intimidation, or other
1. That the offender does not take arms or is not in
means outside of legal methods
open hostility against the government
3. That the offenders employ any of those means to
2. That he incites others to the execution of any of the
attain any of the following objects:
acts of rebellion
 Sedition: raising of commotion or disturbances in
3. That the inciting is done by means of speeches,
the State. Its ultimate object is a violation of the
proclamations, writings, emblems, banners or other
public peace or at least such measures that evidently
representations tending to the same end
engenders it.
 Intentionally calculated to seduce others to rebellion
 Difference from rebellion – object or purpose of the
 There must be uprising to take up arms and rise
surprising. For sedition – sufficient that uprising is
publicly for the purposes indicated in Art 134
tumultuous. In rebellion – there must be taking up of
Proposal to Commit Inciting to Rebellion arms against the government.
Rebellion (136) (138)  Sedition – purpose may be either political or social.
In rebellion – always political
The person who Not required that the
 Tumultuous – caused by more than 3 persons who
proposes has decided to offender has decided to
commit rebellion. commit rebellion. are armed or provided with means of violence
 Preventing public officers from freely exercising
The person who their functions
proposes the execution
 In sedition – offender may be a private or public
of the crime uses secret The inciting is done
means. publicly. person (Ex. Soldier)
 Public uprising and the object of sedition must
concur
 Q: Are common crimes absorbed in sedition? In P v.
Article 139 Umali, SC held that NO. Crimes committed in that
case were independent of each other.
SEDITION
 Preventing election through legal means – NOT
 ELEMENTS:
sedition
1. That the offenders rise –
 But when sugar farmers demonstrated and destroyed
1. Publicly (if no public uprising = tumult and other
the properties of sugar barons – sedition
disturbance of public order)
 Persons liable for sedition:
2. Tumultuously (vis-à-vis rebellion where there must
1. leader of the sedition, and
be a taking of arms)
2. other persons participating in the sedition
3. to prevent the promulgation or execution of any law
or the holding of any popular election
4. to prevent the national government, or any
provincial or municipal government, or any public
Article 142
thereof from freely exercising its or his functions, or
INCITING TO SEDITION
prevent the execution of any administrative order
 ELEMENTS:
5. to inflict any act or hate or revenge upon the person
1. That the offender does not take a direct part in the
or property of any public officer or employee
crime of sedition
6. to commit for any political or social end, any act of
2. That he incites others to the accomplishment of any
hate or revenge against private persons or any social
of the acts which constitute sedition (134)
class (hence, even private persons may be offended
3. That the inciting is done by means of speeches,
parties)
proclamations, writing, emblems, cartoons, banners,
1
 or other representations tending to the same end
(purpose: cause commotion not exactly against the
government; actual disturbance not necessary)
 Different acts of inciting to sedition:
 When punishable:
1. Inciting others to the accomplishment of any of the
acts which constitute sedition by means of speeches,
proclamations, writings, emblems etc.
2. Uttering seditious words or speeches which tend to
disturb the public peace or writing, publishing, or
circulating scurrilous [vulgar, mean, libelous] libels
against the government or any of the duly
constituted authorities thereof, which tend to disturb
the public peace
3. Knowingly concealing such evil practices
1. when they tend to disturb or obstruct any lawful
officer in executing the functions of his office; or
2. when they tend to instigate others to cabal and meet
together for unlawful purposes
3. when they suggest or incite rebellious conspiracies
or riots; or
4. when they lead or tend to stir up the people against
the lawful authorities or to disturb the peace of the
community, the safety and order of the government
II. CRIMES AGAINST POPULAR REPRESENTATION
Article 143
ACTS TENDING TO PREVENT THE MEETING OF
CONGRESS AND SIMILAR BODIES
 ELEMENTS:
1. That there be a projected or actual meeting of
Congress or any of its committees or
subcommittees, constitutional commissions or
committees or division thereof, or of any provincial
board or city or municipal council or board
2. That the offender who may be any persons prevents
such meeting by force or fraud
 Chief of Police and mayor who prevented the
meeting of the municipal council are liable under
Art 143, when the defect of the meeting is not
manifest and requires an investigation before its
existence can be determined.
Article 144
DISTURBANCE OF PROCEEDINGS
 ELEMENTS:
1. That there be a meeting of Congress or any of its
committees, constitutional commissions or
committees or divisions thereof, or of any provincial
board or city or municipal council or board
2. That the offender does any of the following acts
1. he disturbs any of such meetings
2. 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
 Complaint must be filed by member of the
Legislative body. Accused may also be punished for
contempt.
Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY
 Acts punishable:
1. By using force, intimidation, threats, or frauds to
prevent any member of Congress from –
1. attending the meeting of the assembly or any of its
committees, constitutional commissions or
committees or divisions thereof, or from
2. expressing his opinions or
3. casting his vote
2. By arresting or searching any member thereof while
Congress is in a regular or special session, except in
case such member has committed a crime
punishable under the code by a penalty higher than
prision mayor
Elements:
1. That the offender is a public officer or employee
2. That he arrests or searches any member of Congress
3. That Congress, at the time of arrest or search, is in a
regular or special session
4. That the member searched has not committed a
crime punishable under the code by a penalty higher
than prision mayor (1987 constitution: privilege
from arrest while congress in session in all offenses
punishable by not more than 6 years imprisonment).
 Article partly inoperative because of the 1987
Constitution
2
 III. ILLEGAL ASSEMBLIES AND ASSOCIATIONS Illegal Association
Illegal Assembly (146) (147)
Article 146 Must be an actual
ILLEGAL ASSEMBLIES meeting of armed persons
 Two (2) Types of illegal assemblies: to commit any of the
crimes punishable under
a. Meeting of the first form the RPC, or of
1. Meeting, gathering or group of persons whether in a individuals who, although
fixed place or moving not armed, are incited to
2. purpose : to commit any of crimes punishable under the commission of
treason, rebellion,
the code
sedition or assault upon a
3. meeting attended by armed persons person in authority of his
b. Meeting of the second form agent. No need for such
1. Meeting, gathering or group of persons whether in a
Act of forming or
fixed place or moving It is the meeting and the organizing and
2. Audience whether armed or not, is incited to the attendance at such that membership in the
commission of the crime of treason, rebellion or are punished association
insurrection, sedition or direct assault.
Persons liable: leaders Founders, directors,
 Not all the persons present at the meeting of the first and those present president and members
form of illegal assembly must be armed
 Persons liable for illegal assembly IV. ASSAULT, RESISTANCE AND DISOBEDIENCE
 Responsibility of persons merely present at the
meeting
 Presumptions if person present at the meeting
carries an unlicensed firearm: Article 148
1. the organizers or leaders of the meeting DIRECT ASSAULT
2. persons merely present at the meeting (except when  ELEMENTS OF THE 1ST FORM OF DIRECT
presence is out of curiosity – not liable) ASSAULT
1. if they are not armed, penalty is arresto mayor 1. That the offender employs force or intimidation.
2. if they carry arms, like bolos or knives, or licensed 2. That the aim of the offender is to attain any of the
firearms, penalty is prision correccional purposes of the crime of rebellion or any of the
1. purpose of the meeting is to commit acts punishable objects of the crimes of sedition. (victim need not be
under the RPC person in authority)
2. considered as leader or organizer of the meeting 3. That there is no public uprising.
 ELEMENTS OF THE 2ND FORM OF DIRECT
ASSAULT:
1. That the offender (a) makes an attack, (b) employs
Article 147
force, (c) makes a serious intimidation, or (d) makes
ILLEGAL ASSOCIATIONS a serious resistance.
 ELEMENTS: 2. That the person assaulted is a person in authority or
 Persons liable: his agent.
1. Organized totally or partially for the purpose of 3. That at the time of the assault the person in authority
committing any of the crimes in RPC or his agent (a) is engaged in the actual performance
2. Or for some purpose contrary to public morals of official duties (motive is not essential), or that he
1. founders, directors and president of the association is assaulted (b) by reason of the past performance of
2. mere members of the association official duties (motive is essential).

3
4. That the offender knows that the one he is assaulting
is a person in authority or his agent in the exercise
of his duties (with intention to offend, injure or
assault).
5. That there is no public uprising.
 Always complexed with the material consequence
of the act (e.g. direct assault with murder) except if
resulting in a light felony, in which case, the
consequence is absorbed
 Hitting the policeman on the chest with fist is not
direct assault because if done against an agent of a
person in authority, the force employed must be of
serious character
 The force employed need not be serious when the
offended party is a person in authority (ex. Laying
of hands)
 The intimidation or resistance must be serious
whether the offended party is an agent only or a
person in authority (ex. Pointing a gun)
Force
Employed Intimidation/Resistance
Need not
Person in be serious Serious
Authority
Must be of
serious
character Serious
Agent
 Person in authority: any person directly vested with
jurisdiction (power or authority to govern and
execute the laws) whether as an individual or as a
member of some court or governmental corporation,
board or commission
 A barangay captain is a person in authority, so is a
Division Superintendent of schools, President of
Sanitary Division and a teacher
 Agent: is one who, by direct provision of law or by
election or by appointment by competent authority,
is charged with the maintenance of public order and
the protection and security of life and property.
(Example. Barrio councilman and any person who
comes to the aid of the person in authority,
policeman, municipal treasurer, postmaster, sheriff,
agents of the BIR, Malacañang confidential agent)
 Even when the person in authority or the agent
agrees to fight, still direct assault.
 When the person in authority or the agent
provoked/attacked first, innocent party is entitled to
defend himself and cannot be held liable for assault
or resistance nor for physical injuries, because he
acts in legitimate self-defense
 There can be no assault upon or disobedience to one
authority by another when they both contend that
they were in the exercise of their respective duties.
 When assault is made by reason of the performance
of his duty there is no need for actual performance
of his official duty when attacked
 Circumstances qualifying the offense (Qualified
Assault):
 Complex crime of direct assault with homicide or
murder, or with serious physical injuries.
 Direct assault cannot be committed during rebellion.
1. when the assault is committed with a weapon
2. when the offender is a public officer or employee
3. when the offender lays hand upon a person in
authority
Article 149
INDIRECT ASSAULT
 ELEMENTS:
1. That a person in authority or his agent is the victim
of any of the forms of direct assault defined in ART.
148.
2. That a person comes to the aid of such authority or
his agent.
3. That the offender makes use of force or intimidation
upon such person coming to the aid of the authority
or his agent.
 Indirect assault can be committed only when a direct
assault is also committed
 To be indirect assault, the person who should be
aided is the agent (not the person in authority
because it is already direct assault, the person
coming to the aid of the person in authority being
considered as an agent and an attack on the latter is
already direct assault). Example. Aiding a
policeman under attack.
4
Article 150 employing force, and
DISOBEDIENCE TO SUMMONS seriously resisting a
PIA or his agent.
 Acts punishable:
1. refusing without legal excuse to obey summons Use of force against an
2. refusing to be sworn or placed under affirmation agent of a PIA is not so
3. refusing to answer any legal inquiry to produce serious; no manifest
Use of force against an intention to defy the law
books, records etc.
agent of PIA must be and the officers enforcing
4. restraining another from attending as witness in such serious and deliberate. it.
body
5. inducing disobedience to a summons or refusal to be Article 152
sworn PERSONS IN AUTHORITY/AGENTS OF PERSONS
IN AUTHORITY:
 Persons in Authority – any person directly vested
with jurisdiction, whether as an individual or as a
Article 151 member of some court or governmental corporation,
RESISTANCE DISOBEDIENCE TO A PERSON IN board or commission.
AUTHORITY OR THE AGENT OF SUCH PERSON 1. Barangay captain
(par. 1) 2. Barangay chairman
 ELEMENTS: 3. Teachers
1. That a person in authority or his agent is engaged in 4. Professors
the performance of official duty or gives a lawful 5. Persons charged with the supervision of public or
order to the offender. duly recognized private schools, colleges and
2. That the offender resists or seriously disobeys such universities
person in authority or his agent. 6. Lawyers in the actual performance of their
3. That the act of the offender is not included in the professional duties or on the occasion of such
provisions of arts. 148, 149 and 150. performance
SIMPLE DISOBEDIENCE (par. 2)  Agent of Person in Authority – any person who, by
 ELEMENTS: direct provision of law or by election or by
1. That an agent of a person in authority is engaged in appointment by competent authority, is charged with
the performance of official duty gives a lawful order the maintenance of public order and the protection
to the offender. and security of life and property.
2. That the offender disobeys such agent of a person in 1. Barrio councilman
authority. 2. Barrio policeman
3. That such disobedience is not of a serious nature. 3. Barangay leader
4. Any person who comes to the aid of persons in
Resistant and authority
Disobedience to a Person  Section 388 of the Local Gov’t Code provides that
in Authority or Agents “for purposes of the RPC, the punong barangay,
Direct Assault (148) of such Person (151) sangguniang barangay members and members of the
lupong tagapamayapa in each barangay shall be
PIA or his agent must
be engaged in the deemed as persons in authority in their jurisdictions,
performance of official PIA or his agent must be while other barangay officials and members who
duties or that he is in the actual performance may be designated by law or ordinance and charged
assaulted of his duties. with the maintenance of public order, protection and
Direct assault is Committed by resisting or the security of life, property, or the maintenance of a
committed in 4 ways – seriously disobeying a desirable and balanced environment, and any
by attacking, PIA or his agent. barangay member who comes to the aid of persons
5
 in authority shall be deemed AGENT of persons in 2. Encouraging disobedience to the law or to the
authority. constituted authorities or by praising, justifying or
extolling any act punished by law, by the same
means or by words, utterances or speeches
V. CRIMES AGAINST PUBLIC DISORDERS 3. Maliciously publishing or causing to be published
any official resolution or document without proper
Article 153 authority, or before they have been published
 TYPES OF TUMULTS AND OTHER officially
DISTURBANCES OF PUBLIC ORDER: 4. Printing, publishing or distributing or (causing the
1. Causing any serious disturbance in a public place, same) books, pamphlets, periodicals or leaflets
office or establishment which do not bear the real printer’s name or which
2. Interrupting or disturbing public performances, are classified as anonymous.
functions, gatherings or peaceful meetings, if the act
is not included in Art 131 and 132 (Public Officers
interrupting peaceful meetings or religious worship).
3. Making any outcry tending to incite rebellion or Article 155
sedition in any meeting, association or public place  TYPES OF ALARMS AND SCANDALS:
4. Displaying placards or emblems which provoke a 1. Discharging any firearm, rocket, firecracker, or
disturbance of public order in such place other explosive within any town or public place,
5. Burying with pomp the body of a person who has calculated to cause alarm or danger
been legally executed. 2. Instigating or taking active part in any charivari or
 If the act of disturbing or interrupting a meeting or other disorderly meeting offensive to another or
religious ceremony is NOT committed by public prejudicial to public tranquility
officers, or if committed by public officers they are 3. Disturbing the public peace while wandering about
not participants therein, this article applies. Art 131 at night or while engaged in any other nocturnal
and 132 punishes the same acts if committed by amusement
public officers who are NOT participants in the 4. Causing any disturbance or scandal in public places
meeting while intoxicated or otherwise, provided the act is
 The outcry is merely a public disorder if it is an not covered by Art 153 (tumult).
unconscious outburst which, although rebellious or  Charivari – mock serenade or discordant noises
seditious in nature, is not intentionally calculated to made with kettles, tin horns etc, designed to deride,
induce others to commit rebellion or sedition, insult or annoy
otherwise, its inciting to rebellion or sedition.  Firearm must not be pointed at a person, otherwise,
 Tumultuous – if caused by more than 3 persons who it is illegal discharge
are armed or provided with means of violence  What governs is the result, not the intent
(circumstance qualifying the Nature of Who are
disturbance/interruption) – “tumultuous in CRIME Crime Liable
character”
Article 154 Tumults and
other Private
 TYPES OF UNLAWFUL USE OF MEANS OF
Disturbances Crime against persons,
PUBLICATION AND UNLAWFUL (153) Public Order outsider
UTTERANCES:
1. Publishing or causing to be published, by means of Private
Alarms and Crime against persons,
printing, lithography or any other means of Scandals (155) Public Order outsider
publication as news any false news which may
endanger the public order, or cause damage to the
interest or credit of the State.
6
Article 156 3. using picklocks, false keys, disguise, deceit,
 ELEMENTS OF DELIVERING PRISONERS violence or intimidation
FROM JAILS: 4. connivance with other convicts or employees of the
1. That there is a person confined in a jail or penal penal institution
establishment.
2. That the offender removes therefor such person, or
helps the escape of such person (if the escapee is
serving final judgement, he is guilty of evasion of Article 158
sentence).  ELEMENTS OF EVASION OF SERVICE OF
3. Offender is a private individual SENTENCE ON THE OCCASION OF
 Prisoner may be detention prisoner or one sentenced DISORDERS, CONFLAGRATIONS,
by virtue of a final judgment EARTHQUAKES OR OTHER CALAMITIES:
 A policeman assigned to the city jail as guard who 1. That the offender is a convict by final judgement
while off-duty released a prisoner is liable here who is confined in a penal institution.
 It may be committed through negligence 2. That there is disorder, resulting from- 1.
 Circumstances qualifying the offense – is committed conflagration,
by means of violence, intimidation or bribery.
2. earthquake,
 Mitigating circumstance – if it takes place outside
the penal establishment by taking the guards by
3. explosion, or
surprise
4. similar catastrophe, or

5. mutiny in which he has not participated.

VI. EVASION OF SENTENCE OR SERVICE
1. That the offender evades the service of his sentence
by leaving the penal institution where he is
Article 157
confined, on the occasion of such disorder or during
 ELEMENTS OF EVASION OF SERVICE OF
the mutiny.
SENTENCE:
2. That the offender fails to give himself up to the
1. That the offender is a convict by final judgment.
authorities within 48 hours following the insurance
2. That he is serving his sentence which consists in
of a proclamation by the chief executive announcing
deprivation of liberty (destierro included)
the passing away of such calamity.
3. That he evades the service of his sentence by
 Penalty: an increase by 1/5 of the time remaining to
escaping during the term if his sentence. (fact of
be served under the original sentence, in no case to
return immaterial).
exceed 6 months.
 A continuing offense.
 Offender must escape to be entitled to allowance
 Offenders – not minor delinquents nor detention
 Mutiny – organized unlawful resistance to a superior
prisoners
officer, a sedition, a revolt
 If escaped within the 15 day appeal period – no
 Disarming the guards is not mutiny
evasion
 No applicable to deportation as the sentence
 Flimsy excuse for violating destierro – not
acceptable Article 159
 Circumstances qualifying the offense (done thru):
VIOLATION OF CONDITIONAL PARDON
1. unlawful entry (by “scaling”)
 ELEMENTS:
2. breaking doors, windows, gates, walls, roofs or
1. That the offender was a convict.
floors

7
 2. That he was granted a conditional pardon by the
chief executive.
3. That he violated any of the conditions of such
pardon.
 Condition extends to special laws – violation of
illegal voting
 Offender must have been found guilty of the
subsequent offense before he can be prosecuted
under this Article. But if under Revised Admin
Code, no conviction necessary. President has power
to arrest, reincarnate offender without trial.
VIOLATION OF ORDINARY
PARDON EVASION
Infringement of To evade the penalty
conditions/terms of given by the courts –
President disturbs the public order
 Two penalties provided:
1. prision correccional in its minimum period – if the
penalty remitted does not exceed 6 years
2. the unexpired portion of his original sentence – if
the penalty remitted is higher than 6 years
VII. COMMISSION OF ANOTHER CRIME
Article 160
COMMISSION OF ANOTHER CRIME DURING
SERVICE OF PENALTY IMPOSED FOR ANOTHER
PREVIOUS OFFENSE-PENALTY: (quasi-recidivism)
 ELEMENTS
1. That the offender was already convicted by final
judgement of one offense.
2. That he committed a new felony before beginning to
serve such sentence or while serving the same.
 Quasi-recidivism : a person after having been
convicted by final judgement shall commit a new
felony before beginning to serve such sentence, or
while serving the same.
 Second crimes must belong to the RPC, not special
laws. First crime may be either from the RPC or
special laws
 Reiteracion: offender shall have served out his
sentence for the prior offense
 A quasi-recidivist may be pardoned at age 70.
Except: Unworthy or Habitual Delinquent
 If new felony is evasion of sentence – offender is
not a quasi-recidivist
 Penalty: maximum period of the penalty for the new
felony should be imposed (mitigating circumstance
can only be appreciated if the maximum is divisible)
 Quasi-Recidivism may be offset by a special
privileged mitigating circumstance (ex. Minority)
TITLE FOUR
I. CRIMES AGAINST PUBLIC INTEREST
Article 161
 TYPES OF COUNTERFEITING GREAT SEAL
OF GOVERNMENT:
1. Forging the great seal of the Government
2. Forging the signature of the President
3. Forging the stamp of the President
 When the signature of the President is forged, it is
not falsification but forging of signature under this
article
 Signature must be forged, others signed it – not the
President.
Article 162
 USING FORGED SIGNATURE OR
COUNTERFEIT SEAL OR STAMP:
1. That the great seal of the republic was counterfeited
or the signature or stamp of the chief executive was
forged by another person.
2. That the offender knew of the counterfeiting or
forgery.
3. That he used the counterfeit seal or forged signature
or stamp.
 Offender is NOT the forger/not the cause of the
counterfeiting
Article 163
 ELEMENTS OF MAKING AND IMPORTING
AND UTTERING FALSE COINS:
8
 1. That there be false or counterfeited coins (need not SELLING OF FALSE OR MUTILATED COIN,
be legal tender). WITHOUT CONNIVANCE
2. That the offender either made, imported or uttered  2 Types
such coins. 1. Possession of coin, counterfeited or mutilated by
3. That in case of uttering such false or counterfeited another person, with intent to utter the same,
coins, he connives with counterfeiters or importers. knowing that it is false or mutilated.
 Coin is counterfeit – if it is forged, or if it is not an ELEMENTS:
article of the government as legal tender, regardless 1. possession
if it is of no value 2. with intent to utter, and
 Counterfeiting – imitation of legal or genuine coin 3. knowledge
(may contain more silver, different design) such as 4. Actually uttering such false or mutilated coin,
to deceive an ordinary person in believing it to be knowing the same to be false or mutilated.
genuine ELEMENTS:
 Utter – to pass counterfeited coins, deliver or give 1. actually uttering, and
away 2. knowledge.
 Import – to bring to port the same  Possession does not require legal tender in foreign
 Both Philippine and foreign state coins coins
 Applies also to coins withdrawn from circulation  Includes constructive possession
 Essence of article: making of coins without  Read RA 427
authority

Article 166
Article 164
FORGING TREASURY OR BANK NOTES –
 ELEMENTS OF MULTILATION OF COINS –
IMPORTING AND UTTERING
IMPORTATION AND UTTERANCE:
 Acts punishable:
1. Forging or falsity of treasury/bank notes or
This has been repealed by PD 247. Under this PD, the acts
documents payable to bearer
punishable are:
2. Importing of such notes
1. willful defacement 3. Uttering of such false or forged obligations and
2. mutilation notes in connivance with forgers and importers
3. tearing  Forging – by giving a treasury or bank note or
4. burning document payable to bearer/order an appearance of
5. destruction of Central Bank notes and coins a true and genuine document
 Mutilation – to take off part of the metal either by  Falsification – by erasing, substituting,
filling it or substituting it for another metal of counterfeiting or altering by any means the figures
inferior quality, to diminish by inferior means (to and letters, words, signs contained therein
diminish metal contents).  E.g. falsifying – lotto or sweepstakes ticket.
 Foreign notes and coins not included. Must be legal Attempted estafa through falsification of an
tender. obligation or security of the Phil
 PNB checks not included here – it’s falsification of
 Must be intention to mutilate.
commercial document under Article 172
 Obligation or security includes: bonds, certificate of
indebtedness, bills, national bank notes, coupons,
Article 165 treasury notes, certificate of deposits, checks, drafts
for money, sweepstakes money

9

Article 167
 ELEMENTS OF COUNTERFEITING,
IMPORTING, AND UTTERING
INSTRUMENTS NOT PAYABLE TO
BEARER:
1. That there be an instrument payable to order or other
document of credit not payable to bearer.
2. That the offender either forged, imported or uttered
such instruments.
3. That in case of uttering, he connived with the forger
or importer.
Article 168
 ELEMENTS OF ILLEGAL POSSESSION AND
USE OF FALSE TREASURY OR BANK
NOTES AND OTHER INSTRUMENT OF
CREDIT:
1. That any treasury or bank note or certificate or other
obligation and security payable to bearer, or any
instrument payable to order or other document of
credit not payable to bearer is forged or falsified by
another person.
2. That the offender knows that any of those
instruments is forged or falsified.
3. That he performs any of these acts –
1. using any of such forged or falsified
instrument, or
2. possessing with intent to use any of such
forged or falsified instrument.
 Act sought to be punished: Knowingly possessing
with intent to use any of such forged treasury or
bank notes
Article 169
FORGERY
 How forgery is committed:
 if all acts done but genuine appearance is not given,
the crime is frustrated
1. by giving to a treasury or bank note or any
instrument payable to bearer or to order, the
appearance of a true and genuine document
2. by erasing, substituting, counterfeiting, altering by
any means the figures, letters or words, or signs
contained therein.
Article 170
 ELEMENTS OF FALSIFICATION OF
LEGISLATIVE DOCUMENTS:
1. That these be a bill, resolution or ordinance enacted
or approved or pending approval by the national
assembly or any provincial board or municipal
council.
2. That the offender (any person) alters the same.
3. That he has no proper authority therefor.
4. That the alteration has changed the meaning of the
document.
 Accused must not be a public official entrusted with
the custody or possession of such document
otherwise Art 171 applies.
Article 171
FALSIFICATION OF DOCUMENTS BY PUBLIC
OFFICER, EMPLOYEE, OR NOTARY OR
ECCLESTASTICAL MINISTER
 ELEMENTS:
1. That the offender is a public officer, employee, or
notary public.
2. That he takes advantage of his official position.
3. That he falsifies a document by committing any of
the following acts:
1. Counterfeiting or imitating any handwriting,
signature or rubric.
Requisites:
1. That there be an intent to imitate, or an attempt to
imitate
2. That the two signatures or handwritings, the genuine
and the forged, bear some resemblance, to each
other
 (lack of similitude/imitation of a genuine signature
will not be a ground for conviction under par. 1 but
such is not an impediment to conviction under par.
2)
10
 1. Causing it to appear that persons have participated
in any act or proceeding when they did not in fact so
participate.
2. Attributing to persons who have participated in an
act or proceeding statements other than those in fact
made by them.
Requisites:
1. That the offender caused it to appear in a document
that a person/s participated in an act or a proceeding;
and
2. That such person/s did not in fact so participate in
the act or proceeding
3. Making untruthful statements in a narration of facts;
Requisites:
1. That the offender makes in a document statements
in a narration of facts
2. That he has a legal obligation to disclose the truth of
the facts narrated by him; (required by law to be
done) and
3. That the facts narrated by the offender are
absolutely false; and
4. That the perversion or truth in the narration of facts
was made with the wrongful intent of injuring a
third person
 There must be a narration of facts, not a conclusion
of law. Must be on a material matter
 Legal obligation means that there is a law requiring
the disclosure of the truth of the facts narrated. Ex.
Residence certificates
 The person making the narration of facts must be
aware of the falsity of the facts narrated by him.
This kind of falsification may be committed by
omission
1. Altering true dates. – date must be essential
2. Making any alteration or intercalation in a genuine
document which changes its meaning.
Requisites:
1. That there be an alteration (change) or intercalation
(insertion) on a document
2. That it was made on a genuine document
3. That the alteration/intercalation has changed the
meaning of the document
4. That the change made the document speak
something false.
5. Issuing in an authenticated form a document
purporting to be a copy of an original document
when no such original exists, or including in such
copy a statement contrary to, or different from, that
of the genuine original; (if no knowledge,
falsification through negligence) or
6. Intercalating any instrument or note relative to the
issuance thereof in a protocol, registry, or official
book. (genuine document)
7. In case the offender is an ecclesiastical minister, the
act of falsification is committed with respect to any
record or document of such character that its
falsification may affect the civil status of persons.
 There is no crime of attempted or frustrated
falsification of public document
 Persons liable – public officer, employee or notary
public or ecclesiastical minister
 If offender does not take advantage of his public
position, he may still be liable for falsification of
documents by a private person
 Document: any written statement by which a right is
established or an obligation is extinguished
 Not necessary that what is falsified is a genuine or
real document, enough that it gives an appearance of
a genuine article
 Counterfeiting – imitating any handwriting,
signature or rubric
 Feigning – simulating a signature, handwriting, or
rubric out of one of which does not in fact exist
Article 172
FALSIFICATION OF PUBLIC, OFFICIAL, OR
COMMERCIAL DOCUMENT BY A PRIVATE
INDIVIDUAL (par 1)
 ELEMENTS
1. That the offender is a private individual or a public
officer or employee who did not take advantage of
his official position.
2. That he committed any of the acts of falsification
enumerated in ART. 171.
1. Counterfeiting or imitating any handwriting,
signature or rubric.
2. Causing it to appear that persons have
participated in any act or proceeding when
they did not in fact so participated.
3. Attributing to persons who have participated
in an act or proceeding statements other than
those in fact made by them.
11
 4. Making untruthful statements in a narration
of facts;
5. Altering true dates.
6. Making any alteration or intercalation in a
genuine document which changes its
meaning.
7. That the falsification was committed in any
public or official or commercial document.
 Under this paragraph, damage is not essential, it is
presumed
 Defense: lack of malice or criminal intent
 The following writings are public:
 Examples of commercial documents – warehouse
receipts, airway bills, bank checks, cash files,
deposit slips and bank statements, journals, books,
ledgers, drafts, letters of credit and other negotiable
instruments
 Cash disbursement vouchers or receipts evidencing
payments are not commercial documents
 A mere blank form of an official document is not in
itself a document
 The possessor of falsified document is presumed to
be the author of the falsification
1. the written acts or records of cats of the sovereign
authority of official bodies and tribunals, and of the
public officers, legislative, judicial and executive,
whether of the Philippines or of a foreign country.
2. Public records kept in the Philippines.
FALSIFICATION UNDER PARAGRAPH 2 OF ART.
172. OF PRIVATE DOCUMENT
 ELEMENTS :
1. That the offender committed any of the acts of
falsification, except those in paragraph 7 and 8,
enumerated in art. 171.
2. That the falsification was committed in any private
document (must affect the truth or integrity of the
document)
3. That the falsification caused damage (essential
element; hence, no crime of estafa thus falsification
of private document) to a third party or at least the
falsification was committed with intent to cause
such damage.
 Not necessary that the offender profited or hoped to
profit from the falsification
 A document falsified as a necessary means to
commit another crime must be public, official or
commercial
 There is no complex crime of estafa through
falsification of a private document because the
immediate effect of the latter is the same as that of
estafa
 If the estafa was already consummated at the time of
the falsification of a private document was
committed for the purpose of concealing the estafa,
the falsification is not punishable, because as
regards the falsification of the private document
there was no damage or intent to cause damage.
 A private document may acquire the character of a
public document when it becomes part of an official
record and is certified by a public officer duly
authorized by law
 The crime is falsification of public documents even
if falsification took place before the private
document becomes part of the public records.
USE OF FALSIFIED DOCUMENT (par. 3, art. 172)
 ELEMENTS:
1. Introducing in a judicial proceeding:
1. That the offender knew that a document was
falsified by another person.
2. That the false document is embraced in art. 171 or in
any subdivisions nos. 1 and 2 of art. 172.
3. That he introduced said document in evidence in
any judicial proceeding. (intent to cause damage not
necessary)
4. that the offender knew that a document was falsified
by another person.
5. That the false document is embraced in art. 171 or in
any of subdivisions nos. 1 and 2 of art. 172.
6. That he used such documents (not in judicial
proceedings).
7. That the use of the documents caused damage to
another or at least was used with intent to cause
such damage.
2. Use in any other transaction
 The user of the falsified document is deemed the
author of falsification, if:
1. the use is so closely connected in time with the
falsification
12
 2. the user had the capacity of falsifying the document – uttering fictitious wireless, cable, telegraph, or
telephone message, or

– falsifying wireless, cable, telegraph, or telephone

Falsification of Falsification of message
Private Documents Public/Official Documents
1. Using such falsified message
Prejudice to third persons is Requisites:
immaterial, what is
punished is the violation of 1. That the accused knew that wireless, cable,
Prejudice to third public faith and perversion telegraph, or telephone message was falsified by any
party is an element of of truth which the of the person specified in the first paragraph of art.
the offense. document proclaims. 173.
2. That the accused used such falsified dispatch.
3. That the use of the falsified dispatch resulted in the
prejudice of a third party, or that the use thereof was
Article 173 with intent to cause such prejudice.
FALSIFICATION OF WIRELESS, CABLE,  The public officer, to be liable must be engaged in
TELEGRAPH, AND TELEPHONE MESSAGES, AND the service of sending or receiving wireless, cable
USE OF SAID FALSIFIED MESSAGES and telegraph or telephone message
 Acts punishable:
1. Uttering fictitious, wireless, telegraph or telephone
message
Article 174
Requisites: FALSIFICATION OF MEDICAL CERTIFICATES,
CERTIFCATES OF MERIT OR SERVICE AND THE
1. That the offender is an officer or employee of the LIKE:
government or an officer or employee of a private  Persons liable:
corporation, engaged in the service of sending or 1. Physician or surgeon who, in connection with the
receiving wireless, cable or telephone message. practice of his profession, issued a false certificate
2. That the accused commits any of the following acts: (note: such certificate must refer to the illness or
injury of a person)
– uttering fictitious wireless, cable, telegraph, or 2. Public officer who issued a false certificate of merit
telephone message, or of service, good conduct or similar circumstances
3. Private individual who falsified a certificate under
– falsifying wireless, cable, telegraph, or telephone (1) and (2)
message

1. Falsifying wireless, telegraph or telephone

message
Requisites:
1. That the offender is an officer or employee of the
government or an officer or employee of a private
corporation, engaged in the service of sending or
receiving wireless, cable or telephone message.
2. That the accused commits any of the following acts:
Article 175
 ELEMENTS OF USING FALSE
CERTIFICATES:
1. That a physician or surgeon has issued a false
medical certificate, or a public officer has issued a
false certificate of merit or service, good conduct, or
similar circumstances, or a private person had
falsified any of said certificates.
2. That the offender knew that the certificate was false.
13
 3. That he used the same. 1. to the gov’t
2. to any person in authority
3. to any public office

Article 176
MANUFACTURING AND POSSESSION OF
INTRUMENTS OR IMPLEMENTS FOR Article 178
FALSIFICATION: USING FICTITIOUS NAME AND CONCEALING
 Acts punishable: TRUE NAME
1. Making or introducing into the Philippines any  ELEMENTS (using fictitious name) :
stamps, dies or marks or other instruments or 1. That the offender uses a name other than his real
implements for counterfeiting or falsification name.
2. Possessing with intent to use the instruments or 2. That he uses that fictitious name publicly.
implements for counterfeiting or falsification made 3. That the purpose of the offender is –
in or introduced into the Philippines by another 1. To conceal a crime,
person 2. To evade the execution of a judgment, or
 The implement confiscated need not form a 3. To cause damage to public interest. (ex.
complete set Signing fictitious name for a passport)
 Constructive possession is also punished  ELEMENTS (concealing true name):
1. that the offender conceals –
2. his true name, and
3. all other personal circumstances.
1. that the purpose is only to conceal his
II. OTHER FALSITIES
identity.
Article 177
USURPATION OF AUTHORITY OR OFFICIAL Use of Fictitious Name Concealing True
FUNCTIONS: (178) Name (178)
 2 ways of committing the crime: Element of publicity must
1. By knowingly and falsely representing oneself to be be present Publicity not necessary
an officer, agent or representative of any department
Purpose is to conceal a
or agency of the Philippine gov’t or any foreign
crime, to evade the
gov’t. execution of a judgement, Purpose is to conceal
2. By performing an act pertaining to any person in or to cause damage identity
authority or public officer of the Phil gov’t or
Article 179
foreign gov’t under the pretense of such official
 ELEMENTS OF ILLEGAL USE OF UNIFORM
position, and without being lawfully entitled to do
OR INSIGNIA:
so.
1. That the offender makes use of insignia, uniform or
 In usurpation of authority: The mere act of
dress.
knowingly and falsely representing oneself is
2. That the insignia, uniform or dress pertains to an
sufficient. Not necessary that he performs an act
office not held by the offender or to a class of
pertaining to a public officer.
persons of which he is not a member.
 In usurpation of official functions: It is essential that
3. That said insignia, uniform or dress is used publicly
the offender should have performed an act
and improperly.
pertaining to a person in authority
 an exact imitation of the dress or uniform is
 A public officer may also be an offender
unnecessary
 The act performed without being lawfully entitled to
do so must pertain:

14
Article 180
 ELEMENTS OF FALSE TESTIMONY
AGAINST A DEFENDANT:
1. That there be a criminal proceeding.
2. That the offender testifies falsely under oath against
the defendant therein.
3. That the offender who gives false testimony knows
that it is false.
4. That the defendant against whom the false testimony
is given is either acquitted or convinced in a final
judgment (prescriptive period starts at this point)
 Requires criminal intent, can’t be committed
through negligence. Need not impute guilt upon the
accused
 The defendant must at least be sentenced to a
correctional penalty or a fine or must have been
acquitted
 The witness who gave false testimony is liable even
if the court did not consider his testimony
 Penalty is dependent upon sentence imposed on the
defendant
Article 181
FALSE TESTIMONY IN FAVOR OF DEFENDANT in
a criminal case:
 False testimony by negative statement is in favor of
the defendant
 False testimony need not in fact benefit the
defendant
 A statement of a mere opinion is not punishable
 Conviction or acquittal is not necessary (final
judgement is not necessary). The false testimony
need not influence the acquittal
 A defendant who voluntarily goes up on the witness
stand and falsely imputes the offense to another
person the commission of the offense is liable under
this article. If he merely denies the commission of
the offense, he is not liable.
 Basis of penalty: gravity of the felony charged
against the defendant
Article 182
 ELEMENTS OF FALSE TESTIMONY IN
CIVIL CASES:
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 the
said case
 Not applicable when testimony given in a special
proceeding (in this case, the crime is perjury)
 Basis of penalty: amount involved in the civil case
Article183
ELEMENTS OF FALSE TESTIMONY IN OTHER
CASES AND PERJURY IN SOLEMN
AFFIRMATION:
1. That an accused made a statement under oath or
made 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, and
4. That the sworn statement or affidavit containing the
falsity is required by law.
 2 ways of committing perjury:
 Subornation of perjury: procures another to swear
falsely. Solemn affirmation: refers to non-judicial
proceedings and affidavits
 A false affidavit to a criminal complaint may give
rise to perjury
 A matter is material when it is directed to prove a
fact in issue
 A “competent person authorized to administer an
oath” means a person who has a right to inquire into
the questions presented to him upon matters under
his jurisdiction
15
  There is no perjury through negligence or
imprudence since the assertion of falsehood must be
willful and deliberate
 Even if there is no law requiring the statement to be
made under oath, as long as it is made for a legal
purpose, it is sufficient
 Perjury is an offense which covers false oaths other
than those taken in the course of judicial
proceedings
 False testimony before the justice of the peace
during the P.I. may give rise to the crime of perjury
because false testimony in judicial proceedings
contemplates an actual trial where a judgment of
conviction or acquittal is rendered
 A person who knowingly and willfully procures
another to swear falsely commits subornation of
perjury and the witness suborned does testify under
circumstances rendering him guilty of perjury.
 The false testimony is not in a judicial proceeding
1. by falsely testifying under oath
2. by making a false statement
Article 184
 ELEMENTS OF OFFERING FALSE
TESTIMONY IN EVIDENCE:
a That the offender offered in evidence a false witness
or false testimony.
b That he knew the witness or the testimony was false.
c That the offer was made in a judicial or official
proceeding.
 Article applies when the offender without inducing
another, but knowing him to be a false witness,
presented him and the latter testified falsely in a
judicial or official proceeding
 The false witness need not be convicted of false
testimony. The mere offer is sufficient.
III. FRAUDS
Article 185
 ELEMENTS OF MACHINATIONS IN PUBLIC
AUCTION:
a That there be a public auction.
b That the accused solicited any gift or a promise from
any of the bidders.
c That such gifts or promise was the consideration for
his refraining from taking part in that public auction.
d That the accused had the intent to cause the reduction
of the price of the thing auctioned.
 ELEMENTS OF ATTEMPTING TO CAUSE
BIDDERS TO STAY AWAY:
a That there be a public auction.
b That the accused attempted to cause the bidders to stay
away from that public auction
c That it was done by threats, gifts, promises, or any
other artifice.
d That the accused had the intent to cause the reduction
of the price of the thing auctioned.
Article 186
MONOPOLIES AND COMBINATIONS IN
RESTRAINT OF TRADE:
 Acts punished:
1. Combination to prevent free competition in the
market
2. By entering into a contract or agreement or taking
part in any conspiracy or combination in the form of
a trust or otherwise, in restraint of trade or
commerce or prevent by artificial means free
competition in the market (It is enough that initial
steps are taken. It is not necessary that there be
actual restraint of trade)
3. Monopoly to restrain free competition in the market
– By monopolizing any merchandise or object of trade or
commerce, by combining with any person or persons to
monopolize said merchandise or object in order to alter the
prices thereof by spreading false rumors or making use of
any other artifice to restrain free competition in the market
16
 4. Manufacturer, producer or processor or importer
combining, conspiring or agreeing with any person
to make transactions prejudicial to lawful commerce Article 188
or to increase the market price of the merchandise. SUBSTITUTING – ALTERING TRADE-MARK,
 Person/s liable: TRADENAME, OR SERVICE MARK
 Crime is committed by:  Acts punishable:
 The purpose is:
 Also liable as principals: a By (a) substituting the trade name (t/n) or trademark
 Aggravated if items are: (t/m) of some other manufacturer or dealer or a colorable
1. manufacturer imitation thereof, for the t/n or t/m of the real manufacturer
2. producer or dealer upon any article of commerce and (b) selling the
3. processor same.
4. importer
1. combining b By selling or by offering for sale such article of
2. conspiring commerce, knowing that the t/n or t/m has been
3. agreeing with another person
fraudulently used
1. to make transactions prejudicial to lawful commerce
2. to increase the market price of any merchandise or c By using or substituting the service mark of some
object of commerce manufactured, produced, other person, or a colorable imitation of such marks, in the
processed, assembled or imported into the Phil
sale or advertising of services
1. corporation/association
2. agent/representative d By printing, lithographing or reproducing t/n, t/m or
3. director/manager – who willingly permitted or failed
service mark of one person, or a colorable limitation
to prevent commission of above offense
thereof, to enable another person to fraudulently use the
1. food substance
same, knowing the fraudulent purpose for which it is to be
2. motor fuel or lubricants
used.
3. goods of prime necessity

Article 187
 ELEMENTS OF IMPORTATION AND
DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF
GOLD, SILVER, OR OTHER PRECIOUS
METALS OR THEIR ALLOYS:
Article 189
UNFAIR COMPETITION, FRAUDULENT
REGISTRATION OF TRADENAME, TRADEMARK
SERVICE MARK, FRAUDULENT DESIGNATION
OF ORIGIN, AND FALSE DESCRIPTION
 Acts punished:

a That the offender imports, sells or disposes of any of
those articles or merchandise.
b That the stamps, brands, or marks or those articles or
merchandise fails to indicate the actual fineness or quality
of said metals or alloys.
c That the offender knows that the said stamp, brand, or
mark fails to indicate the actual fineness or quality of the
metals or alloys.
a Unfair competition by selling his goods, giving them
the general appearance of the goods of another
manufacturer or dealer
b Fraudulent designation of origin; false description by
(a) affixing to his goods or using in connection with his
services a false designation of origin; or any false
description or representation, and (b) selling such goods or
services
17
c Fraudulent registration by procuring fraudulently from
the patent office the registration of t/m, t/m or service mark.
 ELEMENTS:
a That the offender gives his goods the general
appearance of the goods of another manufacturer or dealer
b That the general appearance is shown in the (a) goods
themselves, or in the (b) wrapping of their packages, or in
the (c) device or words therein, or in (d) any other feature
of their appearance
c That the offender offers to sell or sells those goods or
gives other persons a chance or opportunity to do the same
with a like purpose.
Qualifying Circumstances – if the victim of the offense is a
minor or should a prohibited/regulated drug involve in any
offense under this section be the proximate cause of the
death of a victim thereof, the maximum penalty herein shall
be imposed.
 Maintenance of a den, dive, or resort for
prohibited/regulated drug users.
Qualifying Circumstance – where a prohibited/regulated
drug is administered, delivered, or sold to a minor who is
allowed to use the same in such place, or should a
prohibited drug be the proximate cause of the death of the
person using the same in such den, dive or resort, the
maximum of the penalty shall be imposed.
 Manufacture of prohibited/regulated drugs.
 Possession of prohibited/regulated drugs.

d That there is actual intent to deceive the public or · Cultivation of plants which are sources of
defraud a competitor.
prohibited drugs.
a Note: The land/portions thereof and/or greenhouses in
which any of the said plants is cultivated or cultured shall
TITLE FIVE be confiscated and escheated to the State, unless the owner
CRIMES RELATED TO OPIUM AND OTHER thereof can prove that he did not know of such cultivation
PROHIBITED DRUGS (190-194) or culture despite the exercise of due diligence on his part.
THE DANGEROUS DRUGS ACT OF 1972 b Qualifying Circumstance – if the land involved is part
(RA No. 6425, as amended) of the public domain, the maximum of the penalty herein
provided shall be imposed.
I. Acts Punishable:
1. importation of prohibited drugs · Failure to keep records of prescription, sales,
2. sale, administration, delivery, distribution and
purchases, acquisitions and/or deliveries of
transportation of prohibited drugs
3. maintenance of a den, dive or resort for prohibited prohibited/regulated drugs
drug users
Persons liable:
4. being employees or visitors of drug den
5. manufacture of prohibited drugs
6. possession or use
7. cultivation of plants
8. failure to comply with provisions relative to keeping
of records of prescription
9. unnecessary prescription
10. possession of opium pipe and other paraphernalia
11. Importation, sale, etc. of regulated drugs
 Importation of prohibited/regulated drugs.
 Sale, administration, delivery, distribution and
transaction of prohibited/regulated drugs.
18

Pharmacist, Physician, Dentist, Veterinarian,
Manufacturer, Wholesaler, Importer, Distributor,
Dealer, Retailer
· Unlawful prescription of prohibited/regulated
drugs
· Unnecessary prescription of prohibited/regulated
drugs
Persons Liable: Physician or dentist who shall prescribe
any prohibited/regulated drug for any person whose
physical/physiological condition does not require the use of
thereof.
· Possession of opium pipe, equipment, apparatus
or any paraphernalia fit or intended for smoking,
consuming, administering, injecting, ingesting, or
otherwise using opium or any other prohibited drug,
shall be prima facie evidence that the possessor has
smoked, consumed, administered to himself, injected or
used a prohibited drug.
· Attempt and conspiracy to commit the following
offenses:
a Importation of dangerous drugs
b Sale, administration, delivery, distribution and
transportation of dangerous drugs
c Maintenance of a den, dive or resort for prohibited
drugs
d Manufacture of dangerous drugs
e Cultivation or culture of plants which are sources of
prohibited drugs
 Other persons liable:
a If the violation of the Act is committed by a
partnership, corporation, association or any judicial person,
the partner, president, director, or manager who consents to
or knowingly tolerates such violation shall be held
criminally liable as co-principal.
b Partner, president, director, manager, officer or
stockholder, who knowingly authorizes, tolerates, or
consents to the use of a vehicle, vessel, or aircraft as an
instrument in the importation, sale, delivery, distribution or
transportation of dangerous drugs, or to the use of their
equipment, machines or other instruments in the
manufacture of any dangerous drugs, if such vehicle,
vessel, aircraft, equipment, or other instrument, is owned or
under the control and supervision of the partnership,
corporation, association or judicial entity to which they are
affiliated.
c Government official, employee or officer who is found
guilty of “planting” any dangerous drugs in the person or in
the immediate vicinity of another as evidence to implicate
the latter.
II. For the purpose of enforcing the provisions of
this Act, all school heads, supervisors and teachers shall
be deemed to be persons in authority and, as such, are
vested with the power to apprehend, arrest, or cause the
apprehension or arrest of any person who shall violate
any of the said provision.
1. NOTE: They shall be considered as persons in
authority id they are in the school or within its
immediate vicinity, or beyond such immediate
vicinity of they are in attendance in any school or
class function in their official capacity as school
heads, supervisors or teachers.
2. Any teacher or school employee who discovers or
finds that any person in the school or within its
immediate vicinity is violating this Act shall have
the duty to report the violation to the school head or
supervisor who shall, in turn, report the matter to the
proper authorities. Failure to report in either case
shall, after hearing, constitute sufficient cause for
disciplinary action. (Sec. 28)
1. III. Rules:
19
 1. Voluntary submission of a drug dependent to than 21 years of age when the judgement should
confinement, treatment and rehabilitation by the have been promulgated.
drug dependent himself or through his parent, 2. He has not been previously convicted of violating
guardian or relative within the 4th civil degree of any provision of this Act or of the RPC or placed on
consanguinity or affinity, in a center and compliance probation.
with such conditions therefor as the Dangerous  Sentence shall be deferred and the accused shall be
Drugs Board may prescribe shall exempt from placed on probation under the supervision of the
criminal liability for possession or use of the Board.
prohibited/regulated drug.  In case of violation of conditions of pardon, court
2. Should the drug dependent escape from the center, shall pronounce judgement of conviction and he
he may submit himself for confinement within 1 shall serve sentence.
week from the date of his escape, of his parent  If accused did not violate conditions of probation,
guardian or relative may, within the same period case shall be dismissed upon expiration of the
surrender him for confinement. designated period.
3. Upon application of the Board, the Court shall issue  Notes:
an order for recommitment if the drug dependent
does not resubmit himself for confinement or if he is a Cultivation of plants – Sec 9 – land, portions of land,
not surrendered for recommitment. greenhouse on which any of the plants is cultivated –
4. If, subsequent to such recommitment, he should confiscated and escheated to the State. UNLESS: owner
escape again, he shall no longer be exempt from can prove that he had no knowledge of the cultivation
criminal liability for the use or possession of any despite due diligence
dangerous drug.
5. If a person charged with an offense is found by the b If land is part of the public domain – maximum penalty
fiscal or by the Court at any stage of the imposed
proceedings, to be a drug dependent, the fiscal or
court as the case may be, shall suspend all further c Possession of opium pipe and other paraphernalia –
proceedings and transmit records of the case to the prima facie evidence that the possessor has smoked,
Board. consumed, administered himself, used prohibited drugs
6. After his rehabilitation, he shall be prosecuted for
such violation. In case of conviction, the judgement d Drug penalties of Reclusion Perpetua to Death or a fine
shall, if the accused is certified by the treatment and of Php 500,000 to 10M apply when:
rehabilitation center to have maintained good
behavior, indicate that he shall be given full credit Opium 40 grams up
for the period he was confined in the center.
NOTE: When the offense is possession or use of dangerous Morphine 40 grams up
drugs and the accused is not a recidivist, the penalty thereof
Shabu 200 grams up
shall be deemed to have been served in the center upon his
release therefrom.
Heroin 40 grams up
7. The period of prescription of the offense charged
shall not run during the time that the Indian hemp 750 grams up
respondent/accused is under detention or
confinement in a center. MJ resin 50 grams up
8. Requisites of suspension of sentence for first offense
in a minor: Cocaine 40 grams up
1. If accused is a minor (under 18 years of age at the
time of the commission of the offense but not more

20
Other drugs Quantity far beyond therapeutic
requirement
(if quantity is less than prescribed – penalty is PC to RP
depending upon the quantity)
e RA 7659 – PD 1619 – Possession and Use of Volatile
Substances
1. mere attempt to sell, import – already a crime under
Article 6
2. conspiracy to sell, deliver, import – already a crime
under Article 8
f Buy Bust Operation – no law or rule to require
policemen to adopt a uniform way of identifying BUY
MONEY (P v. Abedes)
g Absence of ultraviolet power is not fatal in the
prosecution
h Transportation/importation of MJ – immaterial whether
there may or may not be a distinction for the MJ
i Distinguish Entrapment and Instigation:
1. If prosecution can prove the crime without
presenting the informer or asset – not necessary
because their testimonies are merely corroborative.
Poseur buyer – it depends on whether the
prosecution can prove the crime without their
testimonies (P v. Rosalinda Ramos)
2. Under the RA, special aggravating circumstance if a
crime has been committed while the accused was
high on drugs (P v. Anthony Belgar)
3. Delivery or Sale of Prohibited Drugs – the accused
must be aware that what he is selling or delivering
was prohibited drug. But the moment the fact of sale
or delivery is proved by prosecution, the burden to
prove that the accused is not aware that drugs are
prohibited falls on the defense (P v. Aranda)
4. P v. Angelito Manalo – burden of proving the
authority to possess shabu is a matter of defense
5. P v. Hilario Moscaling – court may take judicial
notice of the word “shabu”
6. Criminal liabilities of a policeman who sold the
drugs confiscated from a pusher: violation of RA
6425 and malversation under RPC.
j Planting evidence – to implicate another
k Buy Bust Operation – form of entrapment (P v.
Alberto) – not necessary to have prior police surveillance
(P v. Carlos Franca)
l Possession – constructive or actual – not necessary to
adduce the marked money as evidence (P v. Romeo
Macara)
m Separate crimes – sale/possession of MT found in his
possession after he was frisked but he can’t be convicted
for possession of MJ that he sold
n If victim is minor or drug is proximate cause of death –
max penalty is imposed under Sec 4, 5, 15, 15-a
1. If imposable penalty: RP to death – no plea
bargaining
2. If offender: government official, employees, officers
or found guilty of planting evidences – same penalty
3. First offense of a minor – suspension of sentence
 under 18 at time of commission but not more than
21 at time when judgment was promulgated
 found guilty of possession or use of prohibited or
regulated drugs
 not been previously convicted of violating any
provision of this Act or the RPC
 not been placed on probation
 defer sentence, place on probation for 6 months to 1
year
 violation of probation – pronounce sentence –
convict and serve sentence
 no violation – discharge him and dismiss the
proceeding
 if minor is drug dependent – commit to a center for
treatment and rehabilitation
TITLE SIX
I. CRIMES AGAINST PUBLIC MORALS
21
GAMBLING (195-99 repealed by PDs 449, 483 and 1602
as amended)
1. Illegal cockfighting (PD 449)
2. Betting, game-fixing or point shaving and
machinations in sports contests (PD 438)
3. Illegal gambling
PENALIZING BETTING, GAME-FIXING OR
POINT-SHAVING AND
MACHINATIONS IN SPORTS CONTESTS
PD 483
 Acts Punishable:
1. Betting: Betting money or any object or article of
value of representative value upon the result of any
game, races and other sports contests.
2. Game-fixing: any arrangement, combination,
scheme or agreement by which the result of any
game, races, or sports contests shall be predicated
and/or known other than on the basis of the honest
playing skill or ability of the players or participants.
3. Point-shaving: any such arrangement combination,
scheme or agreement by which the skill or ability of
any player or participant in a fame, races, or sports
contests to make points of scores shall be limited
deliberately in order to influence the result thereof
in favor of one or other team, player or participant.
4. Game Machination: any other fraudulent, deceitful,
unfair or dishonest means, method, manner or
practice employed for the purpose of influencing the
result of any game, races or sports contest.
COCKFIGHTING LAW OF 1974
PD 449
1. Scope – This law shall govern the establishment,
operation, maintenance and ownership of cockpits.
2. Rules:
1. Only Filipino citizens not otherwise inhibited
by existing laws shall be allowed to own,
manage and operated cockpits.
2. Only one cockpit shall be allowed in each
city or municipality with a population of
100,000 or less.
3. Cockpits shall be constructed and operated
within the appropriate areas as prescribed in
the Zoning Law or ordinance.
4. When allowed:
1. Cockfighting shall be allowed only in
licensed cockpits during Sundays and
legal holidays and during local fiestas
for not more than 3 days; or
2. During provincial, city or municipal,
agricultural, commercial or industrial
fair, carnival or exposition for a
similar period of 3 days upon
resolution of the province, city or
municipality where such fair, carnival
or exposition is to be held, subject to
the approval of the Chief of
Constabulary or his authorized
representative.
Limitations:
a) No cockfighting on the occasion of such fair, carnival
or exposition shall be allowed within the month of the local
fiesta or for more than 2 occasions a year in the same city
of municipality.
b) No cockfighting shall be held on December 30, June
12,November 30, Holy Thursday, Good Friday, Election
Day and during registration days for such
election/referendum.
1. If the purpose is for the entertainment of foreign
dignitaries or for tourists, or for returning
balikbayans, or for the support of national fund-
raising campaigns for charitable purposes as may be
authorized by the Office of the President upon
resolution of a provincial board, city or municipal
council, in licensed cockpits or in playgrounds or
parks.
Limitations: This privilege shall be extended for only one
time, for a period not exceeding 3 days, within a year to a
province, city or municipality.
1. No gambling of any kind shall be permitted on the
premises of the cockpit or place of cockfighting
during cockfights.
22
 2. City or municipal mayors are authorized to issue 2. Authors of obscene literature, published with their
licenses for the operation and maintenance of knowledge in any form
cockpits. 3. Editors publishing such obscene literature
4. Owners or operators of establishments selling
II. OFFENSES AGAINST DECENCY AND GOOD obscene literature
5. Those who exhibit indecent or immoral plays,
CUSTOMS
scenes, acts or shows ion theaters, fairs, cinemas or
Article 200
any other place
 ELEMENTS OF GRAVE SCANDAL:
6. Those who sell, distribute, or exhibit prints,
1. Offender performs an act
engraving, sculptures or literature which are
2. Act is highly scandalous as offending against
offensive to morals
decency or good customs
 Morals: implies conformity to generally accepted
3. Highly scandalous conduct does not expressly fall
standards of goodness or rightness in conduct or
within any other article of the RPC
character
4. Committed in a public place or within the public
 Test of obscenity: whether the matter has a tendency
knowledge or view. (The public view is not
to deprave or corrupt the minds of those who are
required, it is sufficient if in public place. For
open to immoral influences. A matter can also be
public knowledge, it may occur even in a private
considered obscene if it shocks the ordinary and
place; the number of people who sees it is not
common sense of men as indecency.
material).
 However, Art 201 enumerates what are considered
 Grave scandal: consists of acts which are offensive
as obscene literature or immoral or indecent plays,
to decency and good customs. They are committed
scenes or acts:
publicly and thus, give rise to public scandal to
 Mere nudity in paintings and pictures is not obscene
persons who have accidentally witnessed the acts
 Pictures w/ a slight degree of obscenity having no
 Decency: means properly observing the
artistic value and intended for commercial purposes
requirements of modesty, good taste etc
fall within this article
 Customs: refers to established usage, social
 Publicity is an essential element
conventions carried on by tradition and enforced by
1. those w/c glorify criminals or condone crimes
social disapproval in case of violation
2. those w/c serve no other purpose but to satisfy the
 If the acts complained of are punishable under
market for violence, lust or pornography
another provision of the RPC, Art 200 is not
3. those w/c offend against any race or religion
applicable
4. those w/c tend to abet the traffic in and the use of
 The essence of grave scandal is publicity and that
prohibited drugs
the acts committed are not only contrary to morals
5. those that are contrary to law, public order, morals,
and good customs but must likewise be of such
good customs, established policies, lawful orders,
character as to cause public scandal to those
decrees and edicts
witnessing it.

Article 202
VAGRANTS AND PROSTITUTES:
Article 201  Who are considered vagrants:
IMMORAL DOCTRINES, OBSCENE 1. Those who have no apparent means of subsistence
PUBLICATIONS AND EXHIBITIONS: and who have the physical ability to work yet
 Persons liable: neglect to apply themselves to some useful calling
1. Those who publicly expound or proclaim doctrines 2. Persons found loitering around public and semi-
that are contrary to public morals public places without visible means of support
3. Persons tramping or wandering around the country
or the streets with no visible means of support
23
 4. Idle or dissolute persons lodging in houses of ill-
fame
5. Ruffians or pimps and those who habitually
associate with prostitutes (may include even the
rich)
6. Persons found loitering in inhabited or uninhabited
places belonging to others, without any lawful or
justifiable reason provided the act does not fall
within any other article of the RPC
If fenced and with
prohibition of entry Trespass to dwelling
9. Nonfeasance: means omission of an act which ought
to be done
MALFEASANCE AND MISFEASANCE IN OFFICE
Doing of an act which a public
Malfeasance officer should not have done
Improper doing of an act which a
Misfeasance person might lawfully do

If fenced and entered to

Failure of an agent to perform his
hunt/fish Attempted theft
Nonfeasance undertaking for the principal
If not fenced and with no
prohibition of entry Vagrancy  ELEMENTS OF KNOWINGLY RENDERING
 Who are considered prostitutes – refer to women AN UNJUST JUDGMENT:
who habitually indulge in sexual intercourse or 1. Offender is a judge
lascivious conduct for money or profit (if a man 2. Renders a judgment in the case submitted to him for
indulges in the same conduct: vagrancy) judgment
3. Judgment is unjust
4. Knowledge that the decision is unjust
 Notes:
TITLE SEVEN 1. Judgment: is a final consideration and determination
by a court of competent jurisdiction of the issues
CRIMES COMMITTED BY PUBLIC OFFICERS submitted to it in an action or proceeding
Article 203 2. Unjust judgment: one which is contrary to law, or
 WHO ARE PUBLIC OFFICERS: not supported by the evidence, or both
1. Takes part in the performance of public functions in 3. An unjust judgment may result from:
the Government, or 4. error (with bad faith)
2. Performs public duties as an employee, agent or 5. ill-will or revenge
subordinate official in the gov’t or any of its 6. bribery
branches 1. There must be evidence that the decision
 Notes: rendered is unjust. It is not presumed
1. Public officer must derive his authority from: 2. Abuse of discretion or mere error of
2. direct provision of law judgment cannot likewise serve as basis for
3. popular election rendering an unjust judgment in the absence
4. appointment by competent authority of proof or even an allegation of bad faith
5. Public officers: embraces every public servant from (motive or improper consideration).
the lowest to the highest rank
6. A government laborer is not a public officer.
However, temporary performance by a laborer of
Article 205
public functions makes him a public officer
 ELEMENTS OF JUDGMENT RENDERED
7. Misfeasance: means improper performance of an act
THROUGH NEGLIGENCE:
which might be properly be performed
1. Offender is a judge
8. Malfeasance: means performance of an act which
ought not to be done
24
 2. Renders a judgment in a case submitted to him for
decision
3. Judgment is manifestly unjust
4. Due to inexcusable negligence or ignorance
 Manifestly unjust judgment: one that is so contrary
to law that even a person having meager knowledge
of the law cannot doubt the injustice
Article 206
 ELEMENTS OF UNJUST INTERLOCUTORY
ORDER:
1. That the offender is a judge.
2. That he performs any of the following acts:
1. knowingly renders unjust interlocutory order
or decree, or
2. renders a manifestly unjust interlocutory
order or decree through inexcusable
negligence or ignorance.
 Interlocutory order: one issued by the court deciding
a collateral or incidental matter. It is not a final
determination of the issues of the action or
proceeding
Article 207
 ELEMENTS OF MALICIOUS DELAY IN
THE ADMINISTRATION OR JUSTICE:
1. That the offender is a judge.
2. That there is a proceeding in his court.
3. That he delays the administration of justice.
4. 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.
 Mere delay without malice is not punishable
Article 208
 ELEMENTS OF DERELICTION OF DUTY IN
THE PROSECUTION OF OFFENSES:
1. 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.
2. That there is dereliction of the duties of his office,
that is, knowing the commission of the crime, he
does not cause (a) the prosecution of the criminal
(People vs. Rosales, G.R. no. 42648) or (b) knowing
that a crime is about to be committed he tolerates its
commission (if gift/promise is a consideration for
his conduct: direct bribery)
3. That the offender acts with malice and deliberate
intent to favor the violator of the law.
 PREVARICACION: negligence and tolerance in the
prosecution of an offense
 There must be a duty on the part of the public
officer to prosecute or move for the prosecution of
the offender. Note however, that a fiscal is under no
compulsion to file an information based upon a
complaint if he is not convinced that the evidence
before him does not warrant filing an action in court
 The crime must be proved first before an officer can
be convicted of dereliction of duty
 A public officer who harbors, conceals, or assists in
the escape of an offender, when it is his duty to
prosecute him is liable as principal in the crime of
dereliction of duty in the prosecution of offenses. He
is not an accessory
 Article not applicable to revenue officers
Article 209
 ELEMENTS OF BETRAYAL OF TRUST BY
AN ATTORNEY OR SOLICITOR (NOT
NECESSARILY A PUBLIC OFFICER
ALTHOUGH ALL LAWYERS ARE OFFICERS
OF THE COURT):
1. Causing damage to client (prejudice is essential)
either
1. by any malicious breach of professional duty,
or
2. by inexcusable negligence or ignorance.
3. Revealing any of the secrets of his client
learned by him in his professional capacity
(damage not necessary)
4. Undertaking the defense of the opposing
party of the 1st client and/or having received
confidential information from the latter and
without the latter’s consent (damage not
necessary)
25

Article 210
 ELEMENTS OF DIRECT BRIBERY:
1. That the offender be a public officer within the
scope of Art 203
2. That the offender accepts an offer or promise or
receives a gift or present by himself or through
another
3. That such offer or promise be accepted or
gift/present received by the public officer (mere
agreement consummates the crime)
1. with a view to committing some crime
(delivery of consideration is not necessary)
or
2. in consideration of an execution if an act
which does not constitute a crime, but the act
must be unjust (delivery of consideration is
necessary), or
3. to refrain from doing something which is his
official duty to do
4. That the act which the offender agrees to
perform or which he executes be connected
with the performance of his official duties
 For purposes of this article, temporary performance
of public functions is sufficient to constitute a
person a public officer. A private person may
commit this crime only in the case in which custody
of prisoners is entrusted to him
 Applicable also to assessors, arbitrators, appraisal
and claim commissioners, experts or any other
person performing public duties
 Cannot be frustrated, only attempted or
consummated.
 Bribery exists when the gift is:
 Actual receipt of the gift is not necessary. An
accepted offer or promise of a gift is sufficient.
However, if the offer is not accepted, only the
person offering the gift is liable for attempted
corruption of a public officer
 The gift must have a value or capable of pecuniary
estimation. It could be in the form of money,
property or services
 If the act required of the public officer amounts to a
crime and he commits it, he shall be liable for the
penalty corresponding to the crime
 The third type of bribery and prevaricacion (art 208)
are similar offenses, both consisting of omissions to
do an act required to be performed. In direct bribery
however, a gift or promise is given in consideration
of the omission. This is not necessary in
prevaricacion
1. voluntarily offered by a private person
2. solicited by the public officer and voluntarily
delivered by the private person
3. solicited by the public officer but the private person
delivers it out of fear of the consequences should the
public officer perform his functions (here the crime
by giver is not corruption of public officials due to
involuntariness).
Bribery (210) Robbery (294)
When the victim did not
When the victim has commit a crime and he is
committed a crime and intimidated with arrest
gives money/gift to and/or prosecution to
avoid arrest or deprive him of his personal
prosecution. property.
Victim parts with his Victim is deprived of his
money or property money or property by
voluntarily. force or intimidation.
ANTI-GRAFT AND CORRUPT PRACTICES ACT
RA 3019
 Persons Liable:
1. Any public officer who shall perform any of the
following acts:
2. Any person having family or close personal relation
with any public official who shall capitalize or
exploit or take advantage of such family or close
personal relation by directly or indirectly requesting
or receiving any present, gift, or material, or
pecuniary advantage from any person having some
business, transaction, application, request, or contact
with the government in which such public official
has to intervene (Sec. 4)
3. Any person who shall knowingly induce or cause
any public official to commit any of the offenses
under (A). (Sec. 4)
4. Spouse or any relative, by consanguinity or affinity,
within the 3rd civil degree, of the president of the
Philippines, the vice-president, the president of the
26
 Senate, or speaker of the house of Representatives,
who shall intervene, directly or indirectly, in any
business transaction, contract or application with the
gov’t (Sec. 5).
1. 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.
2. Directly or indirectly requesting or receiving any
gift, present, share, percentage, or benefit for
himself or for any other person in connection with
any contract or transaction between the government
and any other party wherein the public officer in his
official capacity has to intervene under the law.
3. 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 of capacity,
has secured or obtained, or will secure or obtain, any
Government permit or license, in consideration for
the held given or to be given.
4. Accepting or having any member of his family
accept employment in a private enterprise which has
pending official business with him during the
pendency thereof or within one year after its
termination.
5. 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 official, administrative or
judicial function through manifest partiality, evident
bad faith or gross inexcusable negligence. This
provision shall apply to officers and employees of
offices or government corporations charged with the
grant of licenses or permits or other concessions.
6. Neglecting or refusing, after due demand or request,
without sufficient justification, to act within 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 of giving
undue advantage in favor of or discriminating
against any other interested party.
7. 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.
8. Directly or indirectly having financial or pecuniary
interest in any business, contract or transaction in
connection with which he intervenes or take part in
his official capacity, or in which he is prohibited by
the constitution or by any law from having any
interest.
9. Directly or indirectly becoming interested, for
personal gain, or having a material interest in any
transaction or act requiring the approval of a board,
panel, or group of which he is a member, and which
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.
10. 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 so
qualified or entitled.
11. 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 release date.
This prohibition shall not apply to:
1. Any person who, prior to the assumption of office of
any of the above officials to whom he is related, has
been already dealing with the gov’t along the same
line of business;
2. Any transaction, contract or application already
existing or pending at the time of such assumption
of public office;
3. Any application filed by him, the approval of which
is not discretionary on the part of the official(s)
concerned but depends upon compliance with
requisites provided by law, or rules or regulations
issued pursuant to law;
4. Any act lawfully performed an official capacity or
in the exercise of a profession.
5. Any member of congress, during the term for which
he has been elected, who shall acquire or receive
any personal pecuniary interest in any specific
business enterprise which shall be directly and
27
 particularly favored or benefited by any law or
resolution authored by him previously approved or
adopted by Congress during his term.
6. Any public officer who shall fail to file a true,
detailed and sworn statement of assets and liabilities
within 30 days after assuming office and thereafter
on or before the 15th day of April following the
close of every calendar year, as well as upon the
expiration of his term of office, or upon his
resignation or separation from office (Sec. 7).
II. Prima Facie Evidence of and Dismissal due to
unexplained Wealth (Sec. 8)
 If a public official has been found to have acquired
during his incumbency, whether in his name or in
the name of other persons, an amount of property
and/or money manifestly out of proportion to his
salary and to his other lawful income.
 Properties in the name of the spouse and dependents
of such public official may be taken into
consideration, when their acquisition through
legitimate means cannot be satisfactorily shown.
 Bank deposits in the name of or manifestly
excessive expenditures incurred by the public
official, his spouse or any of their dependents
including but not limited to activities in any club or
association or any ostentatious display of wealth
including frequent travel abroad of a non-official
Article 211-A
character by any public official when such activities
entail expenses evidently out of proportion to
legitimate income.
III. Competent court: All prosecutions under this Act shall
be within the original jurisdiction of the
Sandiganbayan (Sec. 10).
IV. Prescription of offenses: all offenses punishable under
this Act shall prescribe in 15 years (Sec. 11).
Article 212
V. Exceptions: Unsolicited gifts or presents of small or
insignificant value offered or given as a mere ordinary
token of gratitude of friendship according to local customs
or usage, shall be excepted from the provisions of this act
(Sec. 14).
Article 211
 ELEMENTS OF INDIRECT BRIBERY:
1. That the offender is a public officer.
2. That he accepts gifts.
3. That the said gifts are offered to him by reason of
his office.
 The gift is given in anticipation of future favor from
the public officer
 There must be clear intention on the part of the
public officer to take the gift offered and consider
the property as his own for that moment. Mere
physical receipt unaccompanied by any other sign,
circumstance or act to show such acceptance is not
sufficient to convict the officer
 There is no attempted or frustrated indirect bribery
 The principal distinction between direct and indirect
bribery is that in the former, the officer agrees to
perform or refrain from doing an act in
consideration of the gift or promise. In the latter
case, it is not necessary that the officer do any act. It
is sufficient that he accepts the gift offered by
reason of his office
 Public officers receiving gifts and private persons
giving gifts on any occasion, including Christmas
are liable under PD 46.
 The criminal penalty or imprisonment is distinct
from the administrative penalty of suspension from
the service
 ELEMENTS OF QUALIFIED BRIBERY
1. Public officer entrusted with law enforcement
2. Refrains from arresting/prosecuting offender for
crime punishable by reclusion perpetua and/or death
3. (if lower penalty than stated above, the crime is
direct bribery)
4. In consideration of any offer, promise or gift
 ELEMENTS OF CORRUPTION OF PUBLIC
OFFICIALS:
1. That the offender makes offers or promises or gives
gifts or present to a public officer.
2. That the offers or promises are made or the gifts or
presents given to a public officer, under
28
 circumstances that will make the public officer
liable for direct bribery or indirect bribery
 The offender is the giver of the gift or the offeror of
the promise. The act may or may not be
accomplished
 Under PD 749, givers of bribes and other gifts as
well as accomplices in bribery and other graft cases
are immune from prosecution under the following
circumstances:
1. information refers to consummated violations
2. necessity of the information or testimony
3. the information and testimony are not yet in the
possession of the State
4. information and testimony can be corroborated on
its material points
5. informant has been previously convicted of a crime
involving moral turpitude
 See the Anti-graft and Corrupt Practices Act
II. FRAUDS AND ILLEGAL EXACTIONS AND
TRANSACTIONS
Article 213
 ELEMENTS OF FRAUDS AGAINST PUBLIC
TREASURY: (par. 1)
1. That the offender be a public officer.
2. That he should have taken advantage of his office,
that is, he intervened in the transaction in his official
capacity.
3. That he entered into an agreement with any
interested party or speculator or made use of any
other scheme with regard to (a) furnishing supplies
(b) the making of contracts, or (c) the adjustment or
settlement of account relating to a public property or
funds.
4. That the accused had intent to defraud the
government.
 Notes:
1. The public officer must act in his official capacity
2. The felony is consummated by merely entering into
an agreement with any interested party or speculator
or by merely making use of any scheme to defraud
the Government
 ELEMENTS OF ILLEGAL EXACTIONS:
1. The offender is a public officer entrusted with the
collection of taxes, licenses, fees and other imposts.
2. He is guilty of any of the following acts or
omissions:
1. demanding, directly or indirectly the
payment of sums different from or larger
than those authorized by law, or
2. failing voluntarily to issue a receipt, as
provided by law, for any sum of money
collected by him officially, or
3. Collecting or receiving, directly or indirectly,
by way of payment or otherwise, things or
objects of a nature different from that
provided by law.
 Notes:
1. Mere demand of a larger or different amount is
sufficient to consummate the crime. The essence is
the improper collection (damage to gov’t is not
required)
2. If sums are received without demanding the same, a
felony under this article is not
committed. However, if the sum is given as a sort
of gift or gratification, the crime is indirect bribery
3. When there is deceit in demanding larger fees, the
crime committed is estafa
4. May be complexed with malversation
5. Officers and employees of the BIR or Customs are
not covered by the article
6. The NIRC of Administrative Code is the applicable
law
Article 214
 ELEMENTS OF OTHER FRAUDS:
1. That the offender is a public officer.
2. That he takes advantage of his official position.
3. That he commits any of the frauds or deceits
enumerated in art. 315 and 316. (estafa; swindling)
 Note: RTC has jurisdiction over the offense because
the principal penalty is disqualification
Article 215
 ELEMENTS OF PROHIBITED
TRANSACTIONS:
1. That the offender is an appointive public officer.
29
 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.
 Notes:
1. Examples of transactions of exchange or speculation
are: buying and selling stocks, commodities, land
etc wherein one hopes to take advantage of an
expected rise or fall in price
2. Purchasing of stocks or shares in a company is
simple investment and not a violation of the article.
However, regularly buying securities for resale is
speculation
Article 216
POSSESSION OF PROHIBITED INTERESTS BY A
PUBLIC OFFICER :
 Who are liable:
1. Public officer – in any contract or business in which
it is his official duty to intervene.
2. Experts, arbitrators and private accountants – in any
contract or transaction connected with the estate or
property in the approval, distribution or adjudication
of which they had acted.
3. Guardians and executors – with respect to property
belonging to their wards or the estate.
 Notes:
1. Actual fraud is not necessary.
2. Act is punished because of the possibility that fraud
may be committed or that the officer may place his
own interest above that of the Government or party
which he represents
AN ACT DEFINING AND PENALIZING THE
CRIME OF PLUNDER
RA 7080
1. Definition of Ill-gotten wealth:
Any asset, property, business enterprise or material
possession of any person acquired by him directly or
indirectly through dummies, nominees, agents,
subordinates, and/or business associates by any
combination or series of the following means or similar
schemes:
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, kickbacks or any other form
of pecuniary benefit from any person and/or entity
in connection with any government contract or
project or by reason of the office or position of the
public officer concerned;
3. By the illegal or fraudulent conveyance or
disposition of assets belonging to the National
Government or any of its subdivisions, agencies or
instrumentalities or government-owned or
controlled corporations and their subsidiaries;
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 implementation of 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 at the expense
and to the damage or prejudice of the Filipino
people and the Republic of the Philippines.
1. Persons Liable:
1. Any public officer who, by himself or in
connivance with members of his family,
relatives by affinity or consanguinity,
business associates and subordinates or other
persons, amasses, accumulates, or acquires
ill-gotten wealth through a combination or
series of overt or criminal acts as described
under (I) in the aggregate amount or total
value of at least 50 million pesos, shall be
guilty of the crime of plunder (as amended
by RA 7659).
30
 2. Any person who participated with the said
public officer in the commission of plunder.
1. Jurisdiction: All prosecutions under this At shall be
within the original jurisdiction of the
Sandiganbayan.
1. Rule of Evidence:
For purposes of establishing the crime of plunder, it shall
not be necessary to prove each and every criminal act done
by the accused in furtherance of the scheme and conspiracy
to amass, accumulate or acquire ill-gotten wealth, it being
sufficient to establish beyond reasonable doubt a pattern of
overt or criminal acts indicative of the overall unlawful
scheme or conspiracy.
1. Prescription of Crime:
The crime of plunder shall prescribe in 20 years. However,
the right of the State to recover properties unlawfully
acquired by public officers from them or from their
nominees or transferees shall not be barred by prescription,
laches or estoppel.
III. MALVERSATION OF PUBLIC FUNDS OR
PROPERTY
Article 217
 ELEMENTS COMMON TO ALL ACTS
MALVERSATION OF PUBLIC FUNDS OR
PROPERTY :
1. That the offender be a public officer (or private
person if entrusted with public funds or connived
with public officers)
2. That he had the custody or control of funds or
property (if not accountable for the funds, theft or
qualified theft)
3. That those funds or property were public funds or
property (even if private funds if attached, seized,
deposited or commingled with public funds)
4. That he:
1. Appropriated the funds or property
2. Took or misappropriated them
3. Consented or, through abandonment or
negligence, permitted any other person to
take such public funds or property. (it is not
necessary that the offender profited thereby.
His being remiss in the duty of safekeeping
public funds violates the trust reposed)
 Malversation is otherwise called embezzlement
 It can be committed either with malice or through
negligence or imprudence
 In determining whether the offender is a public
officer, what is controlling is the nature of his office
and not the designation
 The funds or property must be received in an official
capacity. Otherwise, the crime committed is estafa
 When a public officer has official custody or the
duty to collect or receive funds due the government,
or the obligation to account for them, his
misappropriation of the same constitutes
malversation
 A public officer who has qualified charge of gov’t
property without authority to part with its physical
possession upon order of an immediate superior, he
cannot be held liable under this article
 Private individuals can also be held liable for
malversation under 2 circumstances:
1. when they are in conspiracy with public officers;
and
2. when they have charge of national, provincial or
municipal funds, revenues or property in any
capacity
 In malversation through negligence, the negligence
of the accountable public officer must be positively
and clearly shown to be inexcusable, approximating
fraud or malice
 The measure of negligence to be observed is the
standard of care commensurate with the occasion
 When malversation is not committed through
negligence, lack of criminal intent or good faith is a
defense
 The failure of a public officer to have any duly
forthcoming public funds or property upon demand,
by any authorized officer, shall be prima facie
evidence that he has put such missing funds or
property to personal use. However, if at the very
moment when the shortage is discovered, the
accountable officer is notified, and he immediately
31
 pays the amount from his pocket, the presumption 2. That he must be an accountable officer for public
does not arise funds property.
 Returning the embezzled funds is not exempting, it 3. That he is required by law or regulation to render
is only mitigating accounts to the commission on audit, or to a
 There is also no malversation when the accountable provincial auditor.
officer is obliged to go out of his office and borrow 4. That he fails to do so for a period of two months
the amount corresponding to the shortage and later, after such accounts should be rendered.
the missing amount is found in an unaccustomed  Note: Demand and misappropriation are not
place necessary
 A person whose negligence made possible the
commission of malversation by another can be held
liable as a principal by indispensable cooperation
 Demand as well as damage to the government are Article 219
not necessary elements  ELEMENTS OF FAILURE OF A
RESPONSIBLE PUBLIC OFFICER TO
Estafa with Abuse
RENDER ACCOUNTS BEFORE LEAVING
of Confidence THE COUNTRY :
Malversation (217) (315) 1. That the offender is a public officer.
Funds or property usually Funds/property are 2. That he must be an accountable officer for public
public always private funds or property.
3. That he must have unlawfully left (or be on the
Offender is a point of leaving) the Philippines without securing
private individual from the Commission on Audit a certificate showing
or even a public that his accounts have been finally settled.
officer who is not  Note: The act of leaving the Philippines must be
Offender is usually a public accountable for unauthorized or not permitted by law
officer who is accountable for public
the public funds/property funds/property

Crime is committed Article 220

Crime is committed by
approaching, taking, or
misappropriating/consenting,
or through abandonment or
negligence, permitting any
other person to take the public
funds/property
Article 218
 ELEMENTS OF FAILURE OF
ACCOUNTABLE OFFICER TO RENDER
ACCOUNTS :
1. That the offender is a public officer, whether in the
service or separated therefrom.
by  ELEMENTS OF ILLEGAL USE OF PUBLIC
misappropriating, FUNDS OR PROPERTY (technical malversation):
converting, or
1. That the offender is a public officer.
denying having
2. That there is public fund or property under his
received money,
goods or other administration.
personal property 3. That such public fund or property has been
appropriated by law or ordinance (without this, it is
simple malversation even if applied to other public
purpose).
4. That he applies the same to a public use other than
for which such fund or property has been
appropriated by law or ordinance.
 To distinguish this article with Art 217, just
remember that in illegal use of public funds or
property, the offender does not derive any personal
gain, the funds are merely devoted to some other
public use

32
  Absence of damage is only a mitigating
circumstance
Article 221
 ELEMENTS OF FAILURE TO MAKE
DELIVERY OF PUBLIC FUNDS OR
PROPERTY
1. Offender has gov’t funds or property in his
possession
2. He is under obligation to either:
1. make payment from such funds
2. to deliver property in his custody or
administration when ordered by competent
authority
3. He maliciously fails or refuses to do so
 Note: Penalty is based on value of funds/property to
be delivered
Article 224
Article 222
 PERSONS WHO MAY BE HELD LIABLE
UNDER ARTS 217 TO 221
1. Private individual who, in any capacity, have charge
of any national, provincial or municipal funds,
revenue, or property
2. Administrator or depositary of funds or property that
has been attached, seized or deposited by public
authority, even if owned by a private individual
 Sheriffs and receivers fall under the term
“administrator”
 A judicial administrator in charge of settling the
estate of the deceased is not covered by the article
IV. INFIDELITY OF PUBLIC OFFICERS
Article 223
Article 225
 ELEMENTS OF CONNIVING WITH OR
CONSENTING TO EVASION
1. That the offender is a public officer (on duty).
2. That he is charged with the conveyance or custody
of a prisoner, either detention prisoner or prisoner
by final judgment.
3. That such prisoner escaped from his custody
4. That he was in connivance with the prisoner in the
latter’s escape
 Detention prisoner: refers to a person in legal
custody, arrested for and charged with some crime
or public offense
 The release of a detention prisoner who could not be
delivered to judicial authorities within the time fixed
by law is not infidelity in the custody of a prisoner.
Neither is mere leniency or laxity in the
performance of duty constitutive of infidelity
 There is real and actual evasion of service of
sentence when the custodian permits the prisoner to
obtain a relaxation of his imprisonment
 ELEMENTS OF EVASION THROUGH
NEGLIGENCE:
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 judgment.
3. That such prisoner escapes through his negligence.
4. Penalty based on nature of imprisonment
 The article punishes a definite laxity which amounts
to deliberate non-performance of a duty
 The fact that the public officer recaptured the
prisoner who had escaped from his custody does not
afford complete exculpation
 The liability of an escaping prisoner:
1. if he is a prisoner by final judgment, he is liable for
evasion of service (art 157)
2. if he is a detention prisoner, he does not incur
criminal liability (unless cooperating with the
offender).
 ELEMENTS OF ESCAPES OF PRISONERS
UNDER THE CUSTODY OF A PERSON NOT
A PUBLIC OFFICER :
33
 1. That the offender is a private person (note: must be
on duty)
2. That the conveyance or custody of a prisoner or
person under arrest is confined 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
 Note: This article is not applicable if a private
person made the arrest and he consented to the
escape of the person he arrested
Article 226
 ELEMENTS OF REMOVAL,
CONCEALMENT, OR DESTRUCTION OF
DOCUMENTS Infidelity in custody of
documents:
1. That the offender be a public officer.
2. That he abstracts, destroys or conceals a document
or papers.
3. That the said document or paper should have been
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.
 The document must be complete and one by which a
right could be established or an obligation could be
extinguished
 Books, periodicals, pamphlets etc are not documents
 “Papers” would include checks, promissory notes
and paper money
 A post office official who retained the mail without
forwarding the letters to their destination is guilty of
infidelity in the custody of papers
 Removal of a document or paper must be for an
illicit purpose. There is illicit purpose when the
intention of the offender is to:
1. tamper with it
2. to profit by it
3. to commit any act constituting a breech of trust in
the official thereof
 Removal is consummated upon removal or secreting
away of the document from its usual place. It is
immaterial whether or not the illicit purpose of the
offender has been accomplished
 Infidelity in the custody of documents through
destruction or concealment does not require proof of
an illicit purpose
 Delivering the document to the wrong party is
infidelity in the custody thereof
 The damage may either be great or small
 The offender must be in custody of such documents
Article 227
 ELEMENTS OF OFFICER BREAKING SEAL
:
1. That the offender is a public officer.
2. That he is charged with the custody of papers or
property.
3. That these papers or property are sealed by proper
authority.
4. That he breaks the seals or permits them to be
broken.
 It is the breaking of the seals and not the opening of
a closed envelope which is punished
 Damage or intent to cause damage is not necessary;
damage is presumed
Article 228
 ELEMENTS OF OPENING OF CLOSED
DOCUMENTS:
1. That the offender is a public officer.
2. That any 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 proper authority.
 Note: Damage also not necessary
Article 229
REVELATION OF SECRET BY AN OFFICER:
 ELEMENTS OF PAR.1: BY REASON OF HIS
OFFICIAL CAPACITY
1. That the offender is a public officer.
2. That he knows of a secret by reason of his official
capacity.
34
 3. That he reveals such secret without authority or
justifiable reasons.
4. That damage, great or small, be caused to the public
interest.
5. (damage is essential)
 Notes:
1. Secret must affect public interest
2. Secrets of a private individual is not included
3. Espionage for the benefit of another State is not
contemplated by the article. If regarding military
secrets or secrets affecting state security, the crime
may be espionage.
 ELEMENTS OF PAR 2 – DELIVERING
WRONGFULLY PAPERS OR COPIES OF
PAPERS OF WHICH HE MAY HAVE
CHARGE AND WHICH SHOULD NOT BE
PUBLISHED:
1. That the offender is a public officer.
2. That he has charge of papers.
3. That those papers should not be published.
4. That he delivers those papers or copies thereof to a
third person.
5. That the delivery is wrongful.
6. That damage be caused to public interest.
 Notes:
1. “Charge”: means custody or control. If he is merely
entrusted with the papers and not with the custody
thereof, he is not liable under this article
2. If the papers contain secrets which should not be
published, and the public officer having charge
thereof removes and delivers them wrongfully to a
third person, the crime is revelation of secrets. On
the other hand, if the papers do not contain secrets,
their removal for an illicit purpose is infidelity in the
custody of documents
3. Damage is essential to the act committed
Article 230
 ELEMENTS OF PUBLIC OFFICER
REVEALING SECRETS OF PRIVATE
INDIVIDUAL:
1. That the offender is a public officer
2. That he knows of the secret of a private individual
by reason of his office.
3. That he reveals such secrets without authority or
justification reason.
 Revelation to one person is sufficient
 If the offender is an attorney, he is properly liable
under Art 209 (betrayal of trust by an attorney)
 Damage to private individual is not necessary
V. OTHER OFFENSES OR IRREGULARITIES BY
PUBLIC OFFICERS
Article 231
 ELEMENTS OF OPEN DISOBEDIENCE:
1. That the offender is a judicial or executive officer.
2. That there is a judgment, decision or order of
superior authority.
3. That such judgment, decision or order was made
within the scope of the jurisdiction of the superior
authority and issued with all the legal formalities.
4. that the offender without any legal justification
openly refuses to execute the said judgment,
decision or under which he is duty bound to obey.
 Note: Judgment should have been rendered in a
hearing and issued within proper jurisdiction with
all legal solemnities required
Article 232
 ELEMENTS OF DISOBEDIENCE TO ORDER
OF SUPERIOR OFFICER WHEN SAID
ORDER WAS SUSPENDED BY INFERIOR
OFFICER:
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.
35
  Note: A public officer is not liable if the order of the
superior is illegal
Article 233
 ELEMENTS OF REFUSAL OF ASSISTANCE:
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.
 Involves a request from one public officer to another
 Damage to the public interest or third party is
essential
 Demand is necessary
Article 234
 ELEMENTS OF REFUSAL TO DISCHARGE
ELECTIVE OFFICE:
1. That the offender is elected by popular election to a
public office.
2. That he refuses to be sworn in or discharge the
duties of said office.
3. That there is no legal motive for such refusal to be
sworn in or to discharge the duties of said office.
 Note: Even if the person did not run for the office on
his own will as the Constitution provides that every
citizen may be required to render service
Article 235
 ELEMENTS OF MALTREATMENT OF
PRISONERS:
1. That the offender is a public officer or employee.
2. That he has under charge a prisoner or detention
prisoner (otherwise the crime is physical injuries)
3. That he maltreats such prisoner in either of the
following manners:
1. by overdoing himself in the correction or
handling of a prisoner or detention prisoner
under his charge either –
 by the imposition of punishments not authorized by
the regulations, or
 by inflicting such punishments (those authorized) in
a cruel and humiliating manner, or
1. by maltreating such prisoner to extort a confession
or to obtain some information from the prisoner.
 The public officer must have actual charge of the
prisoner in order to be held liable
 To be considered a detention prisoner, the person
arrested must be placed in jail even for just a short
while
 Offender may also be held liable for physical
injuries or damage caused
Article 236
 ELEMENTS OF ANTICIPATION OF DUTIES
OF A PUBLIC OFFICE:
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.
Article 237
 ELEMENTS OF PROLONGING
PERFORMANCE OF DUTIES AND POWERS:
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 such office.
 Note: The article contemplates officers who have
been suspended, separated or declared over-aged or
dismissed
Article 238
 ELEMENTS OF ABANDONMENT OF
OFFICE OR POSITION :
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.
 There must be formal or written resignation
36
  The offense is qualified if the purpose behind the 2. That he (a.) assumes a power pertaining to the
abandonment is to evade the discharge of duties executive authorities, or (b.) obstructs executive
consisting of preventing, prosecuting or punishing authorities in the lawful exercise of their powers.
any of the crimes against national security. The  Note: Legislative officers are not liable for
penalty is higher. This involves the following usurpation of executive functions
crimes:
1. treason
2. conspiracy and proposal to commit conspiracy
3. misprision of treason Article 241
4. espionage  ELEMENTS OF USURPATION OF JUDICIAL
5. inciting to war or giving motives to reprisals FUNCTIONS:
6. violation of neutrality 1. That the offender is an officer of the executive
7. correspondence with hostile country branch of the government.
8. flight to enemy country 2. That he (a.) assumes judicial powers, or (b.) obstruct
9. piracy and mutiny on the high seas the execution of any order decision rendered by any
10. rebellion judge within his jurisdiction.
11. conspiracy and proposal to commit rebellion  Note: A mayor is guilty under this article when he
12. disloyalty to public officers investigates a case while a justice of the peace is in
13. inciting to rebellion the municipality
14. sedition
15. conspiracy to commit sedition
16. inciting to sedition
Article 242
Abandonment of Office Dereliction of Duty  ELEMENTS OF DISOBEYING REQUEST
or Position (238) (208) FOR DISQUALIFICATION:
1. That the offender is a public officer.
Public officer does not
There is actual abandon his office but 2. That a proceeding is pending before such public
abandonment through merely fails to officer.
resignation to evade the prosecute a violation of 3. That there is a question brought before the proper
discharge of duties. the law. authority regarding his jurisdiction, which is not yet
decided.
4. That he has been lawfully required to refrain from
Article 239 continuing the proceeding.
 ELEMENTS OF USURPATION OF 5. That he continues the proceeding.
LEGISLATIVE POWERS:
1. That the offender is an executive or judicial officer. Article 243
2. That he (a.) makes general rules or regulations  ELEMENTS OF ADDRESSING ORDERS OR
beyond the scope of his authority or (b.) attempts to REQUESTS BY EXECUTIVE OFFICER TO
repeal a law or (c.) suspends the execution thereof. ANY JUDICIAL AUTHORITY:
1. That the offender is an executive officer.
2. That the addresses any order or suggestion to any
judicial authority.
Article 240 3. That the order or suggestion relates to any case or
 ELEMENTS OF USURPATION OF business coming within the exclusive jurisdiction of
EXECUTIVE FUNCTIONS: the courts of justice.
1. That the offender is a judge.  Note: Legislative or judicial officers are not liable
under this article

37

Article 244
 ELEMENTS OF UNLAWFUL
APPOINTMENTS:
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
therefor.
4. That the offender knows that his nominee or
appointee lacks the qualification at the time he made
the nomination or appointment.
 Recommending, knowing that the person
recommended is not qualified is not a crime
 There must be a law providing for the qualifications
of a person to be nominated or appointed to a public
office
Article 245
 ELEMENTS OF ABUSES AGAINST
CHASTITY:
1. That the offender is a public officer.
2. That he solicits or makes immoral or indecent
advances to a woman.
3. That such woman must be –
1. 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
2. under the custody of the offender who is a
warden or other public officer directly
charged with care and custody of prisoners or
person under arrest, or
3. the wife, daughter, sister or relative within
the same degree by affinity of the person in
the custody of the offender
 The mother of the person in the custody of the
public officer is not included
 Solicit: means to propose earnestly and persistently
something unchaste and immoral to a woman
 The advances must be immoral or indecent
 The crime is consummated by mere proposal
 Proof of solicitation is not necessary when there is
sexual intercourse
TITLE EIGHT
I. CRIMES AGAINST PERSONS
DESTRUCTION OF LIFE
A. ELEMENTS OF PARRICIDE: (246)
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,
whether legitimate or illegitimate, or a legitimate
other ascendant or other descendant, or the
legitimate spouse of the accused.
Notes:
1. The relationship of the offender with the victim is
the essential element of the felony
2. Parents and children are not included in the term
“ascendants” or “descendants”
3. The other ascendant or descendant must be
legitimate. On the other hand, the father, mother or
child may be legitimate or illegitimate
4. The child should not be less than 3 days old.
Otherwise, the offense is infanticide
5. Relationship must be alleged
6. A stranger who cooperates in committing parricide
is liable for murder or homicide
7. Even if the offender did not know that the person he
had killed is his son, he is still liable for parricide
because the law does not require knowledge of the
relationship
B. DEATH OR PHYSICAL INJURIES UNDER
EXCEPTIONAL CIRCUMSTANCES
Requisites:
1. A legally married person or parent surprises his
spouse or daughter (the latter must be under 18 and
living with them) in the act of committing sexual
intercourse with another person
2. He/she kills any or both of them or inflicts upon any
or both of them any serious physical injury in the act
or immediately thereafter
3. He has not promoted or facilitated the prostitution of
his wife or daughter, or that he has not consented to
the infidelity of the other spouse.
Notes:
1. Article does not define or penalize a felony
2. Not necessary that the parent be legitimate
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 3. Article applies only when the daughter is single
4. Surprise: means to come upon suddenly or
unexpectedly
5. Art 247 is applicable when the accused did not see
his spouse in the act sexual intercourse with another
person. However, it is enough that circumstances
reasonably show that the carnal act is being
committed or has been committed
6. Sexual intercourse does not include preparatory acts
7. Immediately thereafter: means that the discovery,
escape, pursuit and the killing must all form parts of
one continuous act
8. The killing must be the direct by-product of the rage
of the accused
9. No criminal liability is incurred when less serious or
slight physical injuries are inflicted. Moreover, in
case third persons caught in the crossfire suffer
physical injuries, the accused is not liable. The
principle that one is liable for the consequences of
his felonious act is not applicable because he is not
committing a felony
C. ELEMENTS OF MURDER: (248)
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of the
following qualifying circumstances
1. with treachery, taking advantage of superior
strength, with the aid or armed men, or
employing means to weaken the defense or
of means or persons to insure or afford
impunity
2. in consideration of price, reward or promise
3. by means of inundation, fire, poison,
explosion, shipwreck, stranding of vessel,
derailment or assault upon a street car or
locomotive, fall of airship, by means of
motor vehicles or with the use of any other
means involving great waste or ruin
4. on occasion of any of the calamities
enumerated in the preceding paragraph, or of
an earthquake, eruption of a volcano,
destructive cyclone, epidemic or any other
public calamity
5. with evident premeditation
6. with cruelty, by deliberately and inhumanely
augmenting the suffering of the victim or
outraging or scoffing at his person or corpse
4. The killing is not parricide or infanticide.
Notes:
1. The victim must be killed in order to consummate
the offense. Otherwise, it would be attempted or
frustrated murder
2. Murder will exist with only one of the
circumstances. The other circumstances are
absorbed or included in one qualifying
circumstance. They cannot be considered as generic
aggravating circumstances
3. Any of the qualifying circumstances must be alleged
in the information. Otherwise, they will only be
considered as generic aggravating circumstances
4. Treachery and premeditation are inherent in murder
with the use of poison.
D. ELEMENTS OF HOMICIDE: (249)
1. That a person was killed.
2. That the accused killed him without any justifying
circumstances.
3. That the accused had the intention to kill, which is
presumed.
4. That the killing was not attended by any of the
qualifying circumstances of murder, or by that of
parricide or infanticide.
Notes:
1. Intent to kill is conclusively presumed when death
resulted. Hence, evidence of intent to kill is required
only in attempted or frustrated homicide
2. There is no crime of frustrated homicide through
negligence
3. When the wounds that caused death were inflicted
by 2 different persons, even if they were not in
conspiracy, each one of them is guilty of homicide
4. In all crimes against persons in which the death of
the victim is an element, there must be satisfactory
evidence of (1) the fact of death and (2) the identity
of the victim
E. PENALTY FOR FRUSTRATED PARRICIDE,
MURDER OR HOMICIDE (250)
F. ELEMENTS OF DEATH IN A TUMULTOUS
AFFRAY: (251)
1. That there be several persons.
2. That they did not compose groups organized for the
common purpose of assaulting and attacking each
other reciprocally.
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 3. That these several persons quarreled and assaulted
one another in a confused and tumultuous manner.
4. That someone was killed in the course of the affray.
5. That it cannot be ascertained who actually killed the
deceased.
6. That the person or persons who inflicted serious
physical injuries or who used violence can be
identified.
Notes:
1. Tumultuous affray exists hen at least 4 persons take
part in it
2. When there are 2 identified groups of men who
assaulted each other, there is no tumultuous affray
3. Persons liable are:
1. person/s who inflicted serious physical
injuries
2. if it is not known who inflicted serious
physical injuries on the deceased, all persons
who used violence upon the person of the
victim.
G. ELEMENTS OF PHYSICAL INJURIES
INFLICTED IN A TUMULTOUS AFFRAY: (252)
1. that there is a tumultuous affray as referred to in the
preceding article.
2. That a participant or some participants thereof suffer
serious physical injuries or physical injuries of a less
serious nature only.
1. that the person responsible therefor cannot be
identified.
2. That all those who appear to have used violence
upon the person of the offended party are known.
H.GIVING ASSISTANCE TO SUICIDE: (253)
 Acts punishable:
1. Assisting another to commit suicide, whether the
suicide is consummated or not
2. Lending his assistance to another to commit suicide
to the extent of doing the killing himself.
 Notes:
1. A person who attempts to commit suicide is not
criminally liable
2. A pregnant woman who tried to commit suicide by
means of poison but instead of dying, the fetus in
her womb was expelled, is not liable for abortion
3. Assistance to suicide is different from mercy-killing.
Euthanasia/mk is the practice of painlessly putting
to death a person suffering from some incurable
disease. In this case, the person does not want to die.
A doctor who resorts to euthanasia may be held
liable for murder
4. Penalty is mitigated if suicide is not successful.
I. ELEMENTS OF DISCHARGE OF FIREARMS:
(254)
1. that the offender discharges a firearm against or at
another person.
2. That the offender has no intention to kill that person.
 Notes:
1. The offender must shoot at another with any firearm
without intention of killing him. If the firearm is not
discharged at a person, the act is not punished under
this article
2. A discharge towards the house of the victim is not
discharge of firearm. On the other hand, firing a gun
against the house of the offended party at random,
not knowing in what part of the house the people
were, it is only alarm under art 155.
3. Usually, the purpose of the offender is only to
intimidate or frighten the offended party
4. Intent to kill is negated by the fact that the distance
between the victim and the offender is 200 yards
5. A person can be held liable for discharge even if the
gun was not pointed at the offended party when it
fired for as long as it was initially aimed at or
against the offended party.
J. ELEMENTS OF INFANTICIDE: (255)
1. That a child was killed.
2. That the deceased child was less than three days (72
hours) of age.
3. That the accused killed the said child.
Notes:
1. When the offender is the father, mother or legitimate
ascendant, he shall suffer the penalty prescribed for
parricide. If the offender is any other person, the
penalty is that for murder. In either case, the proper
qualification for the offense is infanticide
2. When infanticide is committed by the mother or
maternal grandmother in order to conceal the
dishonor, such fact is only mitigating
3. The delinquent mother who claims that she
committed the offense to conceal the dishonor must
be of good reputation. Hence, if she is a prostitute,
she is not entitled to a lesser penalty because she has
no honor to conceal
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 4. There is no infanticide when the child was born
dead, or although born alive it could not sustain an
independent life when it was killed.
K. ELEMENTS OF INTENTIONAL ABORTION:
(256)
1. That there is a pregnant woman.
2. That violence is exerted, or drugs or beverages
administered, or that the accused otherwise acts
upon such pregnant woman.
3. That as a result of the use of violence or drugs or
beverages upon her, or any other act of the accused,
the fetus dies, either in the womb or after having
been expelled therefrom.
4. That the abortion is intended.
L. ELEMENTS OF UNINTENTIONAL ABORTION:
(257)
1. That there is a pregnant woman.
2. That violence is used upon such pregnant woman
without intending an abortion.
3. That the violence is intentionally exerted.
4. That as a result of the violence that fetus dies, either
in the womb or after having been expelled
therefrom.
Notes:
1. Unintentional abortion can also be committed
through negligence
1. The accused can only be held liable if he
knew that the woman was pregnant
2. If there is no intention to cause abortion and
neither was violence exerted, arts 256 and
257 does not apply.
M. ELEMENTS OF ABORTION PRACTICED BY
THE WOMAN HERSELF OR BY HER PARENTS:
(258)
1. That there is a pregnant woman who has suffered an
abortion.
2. That the abortion is intended.
3. That the abortion is caused by –
1. the pregnant woman herself
2. any other person, with her consent, or
3. any of her parents, with her consent for the
purpose of concealing her dishonor.
Notes:
1. Liability of the pregnant woman is mitigated if the
purpose is to conceal her dishonor. However, there
is no litigation for the parents of the pregnant
women even if their purpose is to conceal their
daughter’s dishonor
2. In infanticide, parents can avail of the mitigating
circumstance of concealing the dishonor of their
daughter. This is not so for art 258
N. ELEMENTS OF ABORTION PRACTICED BY A
PHYSICIAN OR MIDWIFE AND DISPENSING OF
ABORTIVES: (259)
1. That there is a pregnant woman who has suffered an
abortion.
2. That the abortion is intended.
3. That the offender, who must be a physician or
midwife, causes or assists in causing the abortion.
4. That said physician or midwife takes advantage of
his or her scientific knowledge or skill.
Notes:
1. It is not necessary that the pharmacist knew that the
abortive would be used to cause abortion. What is
punished is the act of dispensing an abortive without
the proper prescription. It is not necessary that the
abortive be actually used
2. If the pharmacist knew that the abortive would be
used to cause abortion and abortion results, he is
liable as an accomplice
O. RESPONSIBILITY OF PARTICIPANTS IN A
DUEL: (260)
Acts punished:
1. Killing one’s adversary in a duel
2. Inflicting upon the adversary serious physical
injuries
3. Making a combat although no physical injuries have
been inflicted
Persons liable:
1. Principals – person who killed or inflicted physical
injuries upon his adversary, or both combatants in
any other cases
2. Accomplices – as seconds
Notes:
1. Duel: a formal or regular combat previously
concerted between 2 parties in the presence of 2 or
more seconds of lawful age on each side, who make
the selection of arms and fix all the other conditions
of the fight
2. If death results, the penalty is the same as that for
homicide
P. CHALLENGING TO A DUEL: (261)
41
Acts punishable:
1. Challenging another to a duel
2. Inciting another to give or accept a challenge to a
duel
3. Scoffing at or decrying another publicly for having
refused to accept a challenge to fight a duel
Persons liable:
1. Challenger
2. Instigators
II. PHYSICAL INJURIES
1. A. MUTILATION: (262)
Kinds of Mutilation
1. Intentionally mutilating another by depriving him,
totally or partially, of some essential organ for
reproduction
2. Intentionally making another mutilation, i.e.
lopping, clipping off any part of the body of the
offended party, other than the essential organ for
reproduction, to deprive him of that part of the body
Elements:
1. There be a castration i.e. mutilation of organs
necessary for generation
2. Mutilation is caused purposely and deliberately
Notes:
1. In the first kind of mutilation, the castration must be
made purposely. Otherwise, it will be considered as
mutilation of the second kind
2. Mayhem: refers to any other intentional mutilation
1. B. SERIOUS PHYSICAL INJURIES: (263)
How Committed
1. Wounding
2. Beating
3. Assaulting
4. Administering injurious substances
What are serious physical injuries:
1. Injured person becomes insane, imbecile, impotent
or blind
2. Injured person –
1. loses the use of speech or the power to hear
or to smell, loses an eye, a hand, foot, arm or
leg
2. loses the use of any such member
3. becomes incapacitated for the work in which
he had been habitually engaged
3. Injured person –
1. becomes deformed
2. loses any other member of his body
3. loses the use thereof
4. becomes ill or incapacitated for the
performance of the work in which he had
been habitually engaged in for more than 90
days
1. Injured person becomes ill or
incapacitated for labor for more than
30 days (but not more than 90 days)
Notes:
1. Serious physical injuries may be committed through
reckless imprudence or simple imprudence
2. There must be no intent to kill
3. Impotent should include inability to copulate and
sterility
4. Blindness requires lost of vision in both eyes. Mere
weakness in vision is not contemplated
5. Loss of power to hear must involve both ears.
Otherwise, it will be considered as serious physical
injuries under par 3
6. Loss of use of hand or incapacity of usual work in
par 2 must be permanent
7. Par 2 refers to principal members of the body. Par 3
on the other hand, covers any other member which
is not a principal part of the body. In this respect, a
front tooth is considered as a member of the body,
other than a principal member
8. Deformity: means physical ugliness, permanent and
definite abnormality. Not curable by natural means
or by nature. It must be conspicuous and visible.
Thus, if the scar is usually covered by a dress, it
would not be conspicuous and visible
9. The loss of 3 incisors is a visible deformity. Loss of
one incisor is not. However, loss of one tooth which
impaired appearance is a deformity
10. Deformity by loss of teeth refers to injury which cannot
be impaired by the action of the nature
11. Loss of both outer ears constitutes deformity and also
loss of the power to hear. Meanwhile, loss of the lobule of
the ear is only a deformity
12. Loss of the index and middle fingers is either a
deformity or loss of a member, not a principal one of his
body or use of the same
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13. Loss of the power to hear in the right ear is considered
as merely loss of use of some other part of the body
14. If the injury would require medical attendance for more
than 30 days, the illness of the offended party may be
considered as lasting more than 30 days. The fact that there
was medical attendance for that period of time shows that
the injuries were not cured for that length of time
15. Under par 4, all that is required is illness or incapacity,
not medical attendance
16. In determining incapacity, the injured party must have
an avocation at the time of the injury. Work: includes
studies or preparation for a profession
17. When the category of the offense of serious physical
injuries depends on the period of the illness or incapacity
for labor, there must be evidence of the length of that
period. Otherwise, the offense will only be considered as
slight physical injuries
18. There is no incapacity if the injured party could still
engage in his work although less effectively than before
19. Serious physical injuries is qualified when the crime is
committed against the same persons enumerated in the
article on parricide or when it is attended by any of the
circumstances defining the crime of murder. However,
serious physical injuries resulting from excessive
chastisement by parents is not qualified serious physical
injuries
1. C. ELEMENTS OF ADMINISTERING
INJURIOUS SUBSTANCES OR BEVERAGES:
(264)
1. That the offender inflicted upon another
person any serious physical injury
2. That it was done knowingly administering to
him any injurious substances or beverages or
by taking advantage of his weakness of mind
of credulity
3. He had no intent to kill
Notes:
1. It is frustrated murder when there is intent to kill
2. Administering means introducing into the body the
substance, thus throwing of the acid in the face is
not contemplated.
1. D. ELEMENTS OF LESS SERIOUS
PHYSICAL INJURIES: (265)
1. That the offended party is incapacitated for
labor for 10 days or more (but not more than
30 days), or needs medical attendance for the
same period of time
2. That the physical injuries must not be those
described in the preceding articles
Notes:
1. Circumstances qualifying the offense:
1. when there is manifest intent to insult or
offend the injured person
2. when there are circumstances adding
ignominy to the offense
3. when the victim is either the offender’s
parents, ascendants, guardians, curators or
teachers
4. when the victim is a person of rank or person
in authority, provided the crime is not direct
assault
5. It falls under this article even if there was no
incapacity but the medical treatment was for
13 days
1. E. SLIGHT PHYSICAL INJURIES: (266)
3 Kinds:
1. That which incapacitated the offended party for
labor from 1-9 days or required medical attendance
during the same period
2. That which did not prevent the offended party from
engaging in his habitual work or which did not
require medical attendance (ex. Black-eye)
3. Ill-treatment of another by deed without causing any
injury (ex. slapping but without causing dishonor)
1. F. RAPE (ART 355)
The Anti-Rape Law of 1997 (RA 8353) now classified the
crime of rape as Crime Against Persons incorporated into
Title 8 of the RPC to be known as Chapter 3
Elements: Rape is committed
1. By a man who have carnal knowledge of a woman
under any of the following circumstances:
1. through force, threat or intimidation
43
 2. when the offended party is deprived of
reason or otherwise unconscious
3. by means of fraudulent machination or grave
abuse of authority
4. 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 who, under any of the
circumstances mentioned in par 1 hereof,
shall commit an ac of sexual assault by
inserting
1. his penis into another person’s mouth
or anal orifice, or
2. any instrument or object, into the
genital or anal orifice of another
person
Rape committed under par 1 is punishable by:
1. reclusion perpetua
2. reclusion perpetuato DEATH when
1. victim became insane by reason or on the
occasion of rape
2. b. the rape is attempted and a homicide is
committed by reason or on the occasion
thereof
3. DEATH when
1. homicide is committed
2. victim under 18 years and offender is:
1. parent
2. ascendant
3. step-parent
4. guardian
5. relative by consanguinity or affinity
with the 3rd civil degree or
6. common law spouse of parent of
victim
3. c. under the custody of the police
or military authorities or any law
enforcement or penal institution
4. committed in full view of the spouse, parent
or any of the children or other relatives
within the 3rd degree of consanguinity
5. 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
6. a child below 7 years old
7. g. offender knows he is afflicted
with HIV or AIDS or any other sexually
transmissible disease and the virus is
transmitted to the victim
8. h. offender; member of the AFP, or para-
military units thereof, or the PNP, or any law
enforcement agency or penal institution,
when the offender took advantage of his
position to facilitate the commission of the
crime
9. victim suffered permanent physical
mutilation or disability
10. j. the offender knew of the pregnancy of
the offended party at the time of the
commission of the crime; and
11. k. when the offender knew of the mental
disability, emotional disorder and/or
physical handicap or the offended party at
the time of the commission of the crime
Rape committed under par 2 is punishable by:
1. 1. prision mayor
2. 2. prision mayor to reclusion temporal
1. use of deadly weapon or
2. by two or more persons
3. reclusion temporal – when the victim has become
insane
4. reclusion temporal to reclusion pepetua – rape is
attempted and homicide is committed
5. reclusion perpetua – homicide is committed by
reason or on occasion of rape
6. reclusion temporal – committed with any of the 10
aggravating circumstances mentioned above
Notes:
1. The underscored words are the amendments
provided by RA 8353
2. Dividing age in rape:
1. less than 7 yrs old, mandatory death
2. less than 12 yrs old, statutory rape
3. less than 18 yrs old and there is relationship
(e.g. parent etc); mandatory death
44