Crime Elements Penalty Important Points to Remember

114 1. Offender is a Filipino citizen or an alien residing Filipino 1. Treason cannot be committed in time of
Treason in the Philippines Citizen – RP peace
2. There is war in which the Philippines is involved to death and 2. In treason by levying war, it is not
3. Offender either: a fine not to necessary that there be a formal
a. levies war against the government exceed declaration of the existence of a state
i. that there be an actual assembling of men, P100,000 of war
ii. for the purpose of executing a treasonable 3. The war must be directed against
design by force Alien – RT to government
b. or adheres to the enemies, giving them aid or death and a 4. The purpose of levying war is to deliver
comfort fine not to the country in whole or in part to the
exceed enemy; must be in collaboration with
Treason – branch of allegiance to a government, P100,000 foreign enemy
committed by a person who owes allegiance to it 5. The aid or comfort given to the enemies
No complex must be after the declaration of war;
Allegiance – obligation of fidelity and obedience crime of the enemies must be the subject of
which the individuals owe to the government under treason with foreign power
which they live or to their sovereign, in return for murder, 6. No treason thru negligence
the protection they receive; either permanent or physical 7. When common crimes are charged as
temporary injuries… overt acts of treason, they cannot be
regarded as separate crimes or as
Adherence to Enemy – intent to betray; when a Aggravating complexed by treason.
citizen intellectually or emotionally favors the Circumstance 8. Treason by Filipino citizen may be
enemy and harbors sympathies or convictions s: cruelty, committed outside the Philippines
disloyal to his country’s policy or interests] ignominy 9. Treason is a continuous offense
10.Treason cannot be proved by
Aid or Comfort – an act which strengthens or tends Art. 64 not circumstantial evidence or extrajudicial
to strengthen the enemy in the conduct of war strictly confession of accused
against the traitor’s country and an act which applied to 11.Two witness rule is severely restrictive
weakens or tends to weaken the power of the treason 12.Sufficient that witnesses are uniform in
traitor’s country to resist or to attack the enemy their testimony on the overt act; it is
Gravity of not necessary that there be
Ways of Proving Treason: seriousness corroboration between them on the
1. Testimony of 2 witnesses, at least, to the same of acts of point they testified
overt act; or treason are 13.Adherence may be proved by one
2. Confession of the accused in open court considered witness, or from the nature of the act
itself, or from the circumstances

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 surrounding the act
14.Defense of suspended allegiance and
change of sovereignty is not accepted
15.Defense of obedience to de facto
Government is acceptable
16.Defense of duress or uncontrollable
fear is acceptable

115 1. Conspiracy to Commit Treason PM and a fine The two witness rule does NOT apply to
Conspira not exceeding this article
cy and P10,000
Proposal 2. Proposal to Commit Treason PC and a fine
to not exceeding
Commit P5,000
Treason
116 1. Offender must be owing allegiance to the Accessory to 1. Conspiracy is one to commit treason
Misprisio government and not a foreigner the crime of 2. Article 116 is an exception to the rule
n of 2. He has knowledge of any conspiracy to commit treason that mere silence does not make a
Treason treason against the government person criminally liable
3. He conceals or does not disclose and make
known the same as soon as possible to governor
or fiscal of province or the mayor or fiscal of the
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 city in which he resides
117 1. By entering, without authority therefore, a
Espionag warship, fort or naval or military establishment
e or reservation to obtain any information, plans,
photographs or other data of a confidential
nature relative to the defense of the Philippines
a. Offender enters any of the places mentioned
therein
b. He has no authority therefore
c. His purpose is to obtain info, plans, etc. of a
confidential nature relative to defense of RP
2. By disclosing to the representative of a foreign
nation the contents of the articles, data, or
information referred to in Par. No. 1 which he
had in his possession by reason of the public
office he holds
a. Offender is a public officer
b. He has in his possession the articles, etc. by
reason of the public office he holds
c. He discloses their contents to a
representative of a foreign nation
118 1. Offender performs unlawful or unauthorized acts
Inciting 2. Such acts provoke or give occasion for a war
to War or involving or liable to involve the Philippines or
Giving expose Filipino citizens to reprisals on their
Motives persons or property
119 1. There is a war which the Philippines is not
Violation involved
of 2. There is a regulation issued by competent
Neutralit authority for the purpose of enforcing neutrality
y 3. Offender violates such regulation
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PC 1. Espionage – gathering, transmitting, or
Penalty next losing information respecting the
higher in national defense with intent or reason
degree shall to believe that the information is to be
be imposed if used to the injury of the RP or to the
the offender advantage of any foreign nation
be a public 2. To be liable under paragraph 1, the
officer or offender must have the intention to
employee. obtain information relative to the
defense of RP
3. It is not necessary that the information
is obtained
4. Espionage distinguished from treason:
a. Both are crimes not conditioned on
citizenship
b. Espionage – may be committed in
many ways, both in time of peace or
war; Treason – 2 ways of
committing; and only in time of war
RT if public 1. The intention of offender is immaterial
officer or 2. Committed in time of peace
employee
PM if private
individual
PC 1. Neutrality – a nation or power which
takes no part in a contest of arms going
on between others is referred to as
neutral
2. There must be regulation issued by
competent authority for enforcement of
neutrality
3
 120 1. It is in time of war in which the Philippines is PC 1. Correspondence – communicating by
Correspo involved means of letters; or it may refer to the
ndence 2. Offender makes correspondence with an enemy letters which pass between those who
with country or territory that is occupied by enemy have friendly or business relations
Hostile troops 2. Even if correspondence contains
Country 3. The correspondence is either innocent matters, if such has been
a. Prohibited by the government prohibited by the government, it is
b. Carried in ciphers or conventional signs PM punishable
c. Containing notice or information which might RT if info may 3. Prohibition by the government is not
be useful to the enemy be useful to essential in paragraphs 1 and 2
enemy 4. Qualifying circumstances that must
RT to death if concur together:
intention was a. The notice or information might be
to aid the useful to the enemy
enemy b. The offender intended to aid the
enemy
121 1. There is a war which the Philippines is involved Arresto 1. An alien resident may be guilty of flight
Flight to 2. Offender must be owing allegiance to the Mayor to enemy country
Enemy’s government 2. Mere attempt to flee or go to enemy
Country 3. Offender attempts to flee or go to enemy country country consummates crime
4. Going to enemy country is prohibited by 3. Article 121 must be implemented by
competent authority the Government
122 1. Vessel is on the high seas or in Philippine waters RP 1. High Seas – any waters on the sea
Piracy in 2. Offenders are not members of its complement or Same penalty coast which are without the boundaries
General passengers of the vessel shall be of low-water mark, although such
and 3. Offenders either inflicted in waters may be in the jurisdictional
Mutiny a. attack or seize the vessel case of limits of a foreign government
on the b. seize the whole or part of the cargo of said mutiny on the 2. Piracy Distinguished From Robbery
High vessel, it’s equipment, or personal belongings high seas or in High Seas
Seas or of its complement or passengers in Philippine a. In piracy offender is an outsider; in
in waters robbery, offender is member of crew
Philippin Piracy – robbery or forcible depredation on the high or passenger
e Waters seas, without lawful authority and done with animo b. In both, there is intent to gain and
furandi and in the spirit and intention of universal manner of committing the crime is
hostility the same
3. Piracy Distinguished from Mutiny
Mutiny – unlawful resistance to a superior officer, a. In piracy, the offenders are
or the raising of commotions and disturbances on strangers; in mutiny, they are
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 board a ship against the authority of the commander members of the crew or passengers
b. In piracy, intent to gain is essential;
in mutiny, the intention may be to
ignore ship’s officers or to commit
plunder
123 Qualifying Circumstances: Special 1. Any person who aids or protects pirates
Qualified 1. Seized vessel by boarding or firing upon the complex or abets the commission of piracy shall
Piracy same; or crime be considered as an accomplice
2. Pirates have abandoned their victims without punishable by 2. R.A. 6235 – An Act Punishing Certain
means of saving themselves; or RP to Death Acts Inimical to Civil Aviation
3. Crime is accompanied by murder, homicide, regardless of
physical injuries or rape number of
victims
124 1. Offender is a public officer or employee Not exceeded 1. Legal Grounds for Detention of
Arbitrary 2. He detains a person 3 days – A Prisoner:
Detention 3. Detention is without legal grounds Mayor in a. the commission of a crime
maximum to b. violent insanity or o the ailment
Detention – when a person is placed in PC in requiring the compulsory
confinement or there is a restraint on his person minimum confinement of the patient in a
More than 3 hospital
Detention is without legal grounds: less than 15 2. Arrest without warrant is the usual
1. When he has not committed any crime or, at days – PC in cause of arbitrary detention
least, there is no reasonable ground for suspicion medium and 3. Arrest Without Warrant, When Lawful
that he has committed a crime; or maximum (Sec. 5 Rule 113)
2. When he is not suffering from violent insanity or More than 15 - Personal knowledge is required
any other ailment requiring compulsory not more than - A crime must in fact or actually
confinement in a hospital 6 months – have been committed
PM 4. There is no reasonable ground if officer
Exceeded 6 only wants to know the commission of
mos. – RT crime
5. There is arbitrary detention thru
imprudence
125 1. Offender is a public officer or employee Same as next 1. If the offender is a private person, the
Delay in 2. He has detained a person for some legal ground preceding crime is illegal detention
Delivery 3. He fails to deliver such person to the proper article: 2. Detention must be for some legal
of judicial authorities within: Within 12 ground
Detained a. 12 hours for offenses punishable by light hours for 3. Article 125 does not apply when the
Person to penalties or their equivalent light arrest is by virtue of a warrant of arrest
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 Proper b. 18 hours for offenses punishable by
Judicial corrective penalties or their equivalent
Authoriti c. 36 hours for offenses punishable by afflictive
es or capital or their equivalent
Proper Judicial Authorities – means the courts of
justice or judges or said courts vested with judicial
power to order the temporary detention or
confinement of a person charged with having
committed a public offense
Rights of Person Detained:
1. He shall be informed of the cause of his
detention
2. He shall be allowed, upon his request, to
communicate and confer at anytime with his
attorney or counsel
Circumstances considered in determining
liability of officer detaining a person beyond
legal period:
1. means of communication
2. hour of arrest
3. other circumstances (time, etc.)
126 1. That offender is a public officer or employee
Delaying 2. There is a judicial or executive order for the
Release release of a prisoner or detention prisoner, or
that there is a proceeding upon a petition for the
liberation of such person
3. The offender without good reason delays:
a. the service of the notice of such order to the
prisoner
b. the performance of such judicial or executive
order for the release of the prisoner
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penalties but must be a lawful arrest
Within 18 4. Delivery does not consist in a physical
hours for delivery, but in making an accusation or
corrective charge or filing of an information
penalties against person
Within 36 5. Duty of the detaining officer is deemed
hours for complied with upon the filing of the
afflictive or complaint with the judicial authority
capital 6. Provisions of Article 125 may be waived
penalties if person asks for preliminary
examination
7. Violation of Article 125 does not affect
legality of confinement under process
issued by a court
8. The illegality of the detention is not
cured by the filing of the information in
court
9. Fiscal is not liable, unless he ordered
detention
10.Article 125 distinguished from Article
124 – in Art. 124, the detention is
illegal from the beginning; in Art. 125,
the detention is legal in the beginning
but the illegality of the detention starts
from the expiration of any of the
periods of time specified without
person detained having been delivered
to proper judicial authority
Same as Wardens and jailers are the public officers
Article 124 most likely to violate Article 126
6
 c. the proceedings upon a petition for the
release of such person
127 1. Offender is a public officer or employee PC Only the court by a final judgment can
Expulsion 2. He expels any person from the Philippines or order a person to change his residence
compels a person to change his residence
3. The offender is not authorized to do so by law
128 Acts Punished: PC in 1. A public officer or employee is
Violation 1. By entering any dwelling against the will of the minimum authorized by judicial order when he is
of owner thereof; or armed with a search warrant duly
Domicile 2. By searching papers or other effects found PC in medium issued by the court
therein without the previous consent of such and maximum 2. “Against the will of the owner”
owner; or if with presupposes opposition or prohibition
3. By refusing to leave the premises, after having Qualifying by said owner, whether express or
surreptitiously entered said dwelling and after circumstance implied; if it is only without the consent
having been required to leave the same s of of the owner, the crime is not
nighttime, or committed
Elements Common to the Three Acts: if any papers 3. Right of officer to break into building
1. Offender is a public officer or employee or effects not or enclosure (Sec 11 Rule 113, 1985
2. He is not authorized by judicial order to enter constituting Rules on Criminal Procedure)
the dwelling and / or to make a search therein evidence of a 4. Circumstances Qualifying the Offense:
for papers and other effects crime be not a. If the offense is committed at
returned nighttime; or
immediately b. If any papers or effects not
constituting evidence of a crime are
not returned immediately after the
search was made
5. Papers of other effects must be found in
the dwelling

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 129 Acts Punished: Liability 1. Personal Property to be Seized:
Search 1. By procuring a search warrant without just attaching to a. Subject of the offense; or
Warrants cause Offender for b. Stolen or embezzled and other
Malicious a. Offender is a public officer or employee commission proceeds or fruits of the offense; or
ly b. Procures a search warrant of any other c. Used or intended to be used as the
Obtained c. There is no just cause offense means of committing an offense
and 2. By exceeding his authority or by using (perjury) and 2. Search warrant will not issue except
Abuse in unnecessary severity in executing a search A Mayor in upon probable cause
Service of warrant legally procured maximum to 3. Search warrant is valid for 10 days
Those a. The offender is a public officer or employee PC in from its date
Legally b. He has legally procured a search warrant minimum and 4. The true test of lack of just cause is
Obtained c. He exceeds his authority or uses unnecessary fine not whether the affidavit filed in support of
severity in executing the same exceeding the application for search warrant has
P1,000 been drawn in such a manner that
Search Warrant – an order in writing issued in the perjury could be charged thereon and
name of the People of the Philippines, signed by a affiant be held liable for damages
judge and directed to a peace officer, commanding caused
him to search for personal property described 5. Search and seizure without warrant as
therein and bring it before the court an incident to lawful arrest is legal
Probable Cause – such reasons, supported by facts 6. Peace officers may enter house of an
and circumstances, as will warrant a cautious man offender who committed an offense in
in the belief that his action, and the means taken in their presence
prosecuting it, are legally just and proper 7. Search and seizure of vessels without a
search warrant legal
130 1. The offender is a public officer or employee A Mayor in 1. Search – to go over or look thru for the
Searchin 2. He is armed with search warrant legally medium and purpose of finding something; to
g procured maximum examine
Domicile 3. He searches the domicile, papers or other 2. Distinguish Article 128 from Article
Without belongings of any person 130 – In violation of domicile, the
Witnesse 4. The owner, or any member of his family, or two public officer has not authority to make
s witnesses residing in the same locality are not a search warrant; in Article 130, public
present officer has a search warrant
131 1. Offender is a public officer or employee PC in 1. Private individual cannot commit this
Prohibiti 2. He performs any of the following acts: minimum crime
on, a. Prohibiting or interrupting, without legal 2. Under paragraph 1, public officer must
Interrupt ground, the holding of a peaceful meeting, or act without legal ground
ion, and by dissolving the same 3. When the meeting to be held is not
Dissoluti b. Hindering any person from joining any lawful peaceful, there is legal ground for
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 on of association or from attending any of its prohibiting it
Peaceful meetings 4. The right to peaceably assemble is not
Meetings c. Prohibiting or hindering any person from absolute and may be regulated
addressing, either alone or together with 5. The offender must be a stranger, not a
others, any petition to the authorities for the participant, in the meeting
correction of abuses or redress of grievances
132 1. Offender is a public officer or employee PC in 1. Preventing a religious ceremony to
Interrupt 2. Religious ceremonies or manifestations of any minimum take place punishable under this article
ion of religion are about to take place or are going on PC in medium 2. Reading a bible and then attacking
Religious 3. Offender prevents or disturbs the same and maximum certain churches in a public plaza is not
Worship Qualifying Circumstance: if committed a ceremony of manifestation of religion,
- if the crime is committed with violence or with violence but only a meeting of a religious sect
threats or threats
133 1. Acts complained of were performed: A Mayor in 1. It is not necessary that there is a
Offending a. In a place devoted to religious worship, or maximum to religious ceremony going on when the
the b. During the celebration of any religious PC in offender performs acts notoriously
Religious ceremony minimum offensive to the feelings of the faithful
Feelings 2. The acts must be notoriously offensive to the 2. There must be deliberate intent to hurt
feelings of the faithful the feelings of the faithful
3. Offense to feelings is judged from
Religious Ceremonies – religious acts performed complainant’s point of view
outside of a church, such as processions and special
prayers for burying dead person
134 1. There be a public uprising and taking arms RP – person 1. Rebellion or of inciting it is a crime of
Rebellion against the Government who masses, of a multitude
or 2. The purpose of the uprising or movement is promotes, 2. Actual clash of arms with the forces of
Insurrect either: maintains or the government, not necessary to
ion a. to remove from the allegiance to said heads convict the accused who is in
government or its laws: rebellion or conspiracy with others actually taking
i. the territory of the Philippines or any part insurrection arms against the government
thereof; or 3. Purpose of the uprising must be shown
ii. any body of land, naval or other armed RT – person 4. It is not necessary that the purpose be
forces; or merely accomplished
b. To deprive the Chief Executive or Congress, participating 5. Giving aid or comfort not criminal in
wholly or partially, of any of their powers or or executing rebellion
prerogatives commands of 6. Rebellion distinguished from
others Subversion – rebellion is a crime
Rebellion – used where the object of the movement against public order; Subversion – like
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 is completely to overthrow and supersede the treason, against national security
existing government 7. Mere silence or omission is not
punishable in rebellion
Insurrection – used in reference to a movement 8. It is not a defense in rebellion that the
which seeks merely to effect some change of minor accuse never took the oath of
importance, or to prevent the exercise of allegiance to, or that they never
governmental authority with respect to particular recognized the government
matters or subject 9. Those who killed persons in pursuance
of movement to overthrow government
Rebellion distinguished from Treason: are liable for rebellion only
1. Rebellion – levying of war during peace time for 10.There is no complex crime of rebellion
any of the purposes mentioned; Treason – with murder and other common crimes
performed in aid of enemy during wartime (Hernandez ruling)
2. Rebellion always involves taking up arms against 11.Killing, robbing, etc for a private
government; Treason may be committed by mere purpose or profit, without any political
adherence to the enemy, giving aid or comfort motivation, would be separately
punished and would not be absorbed in
the rebellion
134-A 1. Offender is a person(s) belonging to the military RT in 1. Coup d’ etat may be committed with or
Coup or police or holding any public office or maximum – without civilian participation
d’etat employment person in 2. Those liable for Rebellion, Insurrection
2. It is committed by means of a swift attack government and/or Coup d’ etat (Article 135)
accompanied by violence, intimidation, threat, service who a. Leaders
strategy or stealth participates, i. any person who promotes,
3. The attack is directed against duly constituted or executes maintains, or heads a rebellion or
authorities of the Philippines, or any military directions or insurrection
camp or installation, communication networks, commands of ii. any person who leads, directs, or
public utilities or other facilities needed for the others in commands others to undertake a
exercise and continued possession of power undertaking a coup d’etat
4. The purpose of the attack is to seize or diminish coup d’etat b. Participants
state power PM in i. Any person who participates or
maximum – executes the commands of others
Political Crimes Distinguished from Common person not in in rebellion or insurrection
Crimes government ii. Any person in the government
- Political crimes are those directly aimed service who service who participates, or
against the political order, as well as such participates, executes directions or commands
common crimes as may be committed to or in any of others in undertaking a coup
achieve a political purpose manner d’etat
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 - The decisive factor is the intent or motive supports, iii. Any person not in the government
finances, service who participates, supports,
abets or aids abets, or aids in undertaking a
in coup d’etat
undertaking a
coup d’etat
136 Conspiracy and Proposal to Commit Coup d’etat PM in 1. Merely agreeing and deciding to rise
Conspira minimum and publicly and take arms against the
cy and fine not to government for the purposes of
Proposal exceed rebellion or merely proposing the
to P8,000 commission of said acts is already
Commit Conspiracy to Commit Rebellion or Insurrection PC in subject to punishment
Coup maximum and 2. No conspiracy when there is no
d’etat, fine not to agreement and no decision to commit
Rebellion exceed rebellion
or P5,000
Insurrect Proposal to Commit Rebellion or Insurrection PC in medium
ion and fine not
to exceed
P2,000
137 1. Offender is a public officer or employee PC in 1.The crime of disloyalty of public officers
Disloyalty 2. Commits any of the following acts of disloyalty: minimum presupposes the existence of rebellion by
of Public a. Failing to resist a rebellion by all the means other persons
Officers in their power; 2. The offender under Article 137 must not
b. Continuing to discharge the duties of their be in conspiracy with the rebels
offices under the control of the rebels;
c. Accepting appointment to office under them
138 1. Offender does not take arms or is not in open PM in 1. Inciting to Rebellion Distinguished
Inciting hostility against the government minimum from Proposal
to 2. He incites others to the execution of any of the a. in both, the offender induces
Rebellion acts of rebellion another to commit rebellion
3. The inciting is done by means of speeches, b. in proposal, person who proposes
proclamations, writings, emblems, banners or has decided to commit rebellion; in
other representations tending to the same end inciting, it is not required that
offender has decided to commit
rebellion
c. in proposal, person who proposes
uses secret motive; in inciting, the
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 act is done publicly
2. Rebellion should not be committed
139 1. The offenders rise publicly and tumultuously PM in 1. Sedition is the raising of commotions or
Sedition 2. They employ force, intimidation, or other means minimum and disturbances in the state
outside of legal methods a fine not 2. Sedition Distinguished from Rebellion
3. The offenders employ any of those means to exceeding a. In both, there must be public
attain any of the following objects: P10,000 – for uprising
a. To prevent the promulgation or execution of the leader of b. In sedition, it is sufficient that
any law or the holding of any popular election sedition public uprising is tumultuous; in
b. To prevent the National Gov’t, or any rebellion, there must be taking
provincial or municipal gov’t, or any public PC in up of arms against the
officer thereof from freely exercising its or his maximum and government
functions, or prevent the execution of any a fine not c. In sedition, the purpose of
administrative order exceeding offenders may be political or
c. To inflict any act of hate or revenge upon the P5,000 – for social; in rebellion, it is always
person or property of any public officer or other persons political
employee participating 3. Sedition distinguished from treason –
d. To commit, for any political or social end, any therein treason is the violation by a subject of
act of hate or revenge against private persons allegiance to sovereign; sedition is the
or any social class; and raising of commotions or disturbances
e. To despoil, for any political or social end, any in the State
person, municipality or province, or the 4. Public uprising and an object of
national gov’t of all its property or any part sedition must concur
thereof 5. Common crimes are not absorbed in
sedition
141 PC in medium 1. There must be an agreement and a
Conspira and fine not decision to rise publicly and
cy to to exceed tumultuously to attain any of the
Commit P2,000 objects of sedition
Sedition 2. There is no proposal to commit sedition
142 Different Acts Punished: PC in 1. Scurrilous – low, vulgar, mean or foul
Inciting 1. Inciting to Sedition to Accomplish any of its maximum and 2. Uttering seditious words or speeches
to Objects: fine not to and writing, publishing or circulating
Sedition a. Offender does not take direct part in the exceed scurrilous libels are punishable, when:
crime of sedition P2,000 a. they tend to disturb or obstruct any
b. He incites others to the accomplishment of lawful officer in executing the
any of the acts which constitute sedition functions of his office; or
c. The inciting is done by means of speeches, b. they tend to instigate others to
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 proclamation, writings, emblems, cartoons,
banners, or other representations tending to
the same end
2. Uttering seditious words or speeches which tend
to disturb the public peace
3. Writing, publishing or circulating scurrilous
libels against the government or any of the duly
constituted authorities thereof, which tend to
disturb the public peace
a. Offender does not take direct part in the
crime of sedition
b. Commits any of the following acts of sedition
either 2 or 3
143 1. There be a projected or actual meeting of
Acts Congress or any of its committees or
Tending subcommittees, constitutional committees or
to divisions thereof, or of any provincial board or
Prevent city or municipal council or board
the 2. The offender who may be any person prevents
Meeting such meeting by force or fraud
of
Congress
144 1. There be a meeting of Congress or any of its
Disturba committees or subcommittees, constitutional
nce of commissions or committees or divisions thereof,
Proceedi or of any provincial board or city or municipal
ngs of council or board
Congress 2. The offender does any of the following acts:
and a. He disturbs any of such meetings
Similar b. He behaves while in the presence of any such
Bodies bodies in such a manner as to interrupt its
proceedings or to impair the respect due it.
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cabal and meet together for
unlawful purposes; or
c. they suggest or incite rebellious
conspiracies or riots; or
d. 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
3. Knowingly concealing such evil
practices is treated and punished as
that of the principal
4. Two rules relative to seditious words:
a. Clear and Present Danger Rule
b. Dangerous Tendency Rule
PC or a fine Chief of police and mayor who prevented
ranging from the meeting of the municipal council are
P200 to liable under Article 143, when the defect
P2,000 or of the meeting is not manifest and
both requires an investigation before its
existence can be determined
A Mayor or a 1. The complaint for disturbance of
fine of P200 proceedings may be filed by a member
to P1,000 of a legislative body
2. One who disturbs the proceedings of
the congress my also be punished for
contempt
13
 145 First Form PM 1. Parliamentary immunity does not
Violation 1. The offender (any person) uses force, protect members of the Congress from
of intimidation, threats or fraud. responsibility before the legislative
Parliame 2. The purpose of the offender is to prevent any body itself
ntary member of Congress from: 2. It is sufficient that the offender, in
Immunity a. Attending the meetings of Congress or any of using force, intimidation, threats, or
its committees, etc.; or frauds, has the purpose to prevent a
b. Expressing his opinion; or member of Congress from exercising
c. Casting his vote any of his such prerogatives
Second Form PC
1. Offender is a public officer or employee
2. He arrests or searches any member of Congress
3. Congress, at the time of arrest or search, is in
regular or special session
4. The member arrested or searched has not
committed a crime punishable under the Code by
a penalty higher than prision mayor
146 1. Any meeting attended by armed persons for the PC in 1. Persons present at the meeting must be
Illegal purpose of committing any of the crimes maximum to armed in the first form of illegal
Assembli punishable under the code PM in assembly
es a. there is a meeting, a gathering or group of medium – for 2. But not all the persons present at the
persons, whether in a fixed place or moving organizers or meeting of the 1st form of illegal
b. that the meeting is attended by armed leaders of any assembly must be armed
persons meeting 3. The unarmed person merely present at
c. that the purpose of the meeting is to commit under this the meeting of the 1st form of illegal
any of the crimes punishable under the code article assembly is liable
2. Any meeting in which the audience, whether 4. If any person present at the meeting
armed or not, is incited to the commission of A Mayor – carries an unlicensed firearm:
treason, rebellion or insurrection, sedition, or unarmed a. It is presumed that the purpose of
assault upon a person in authority or his agents persons the meeting insofar as he is
a. there is a meeting, a gathering or group of merely concerned, is to commit acts
persons, whether in a fixed place or moving present punishable under the Code; and
b. the audience, whether armed or not, is b. He is considered a leader or
incited to the commission of the crime of PC – armed organizer of the meeting
treason, rebellion or insurrection, sedition or persons 5. Meeting – includes a gathering or
direct assault merely group, whether in a fixed place or
present moving
Persons liable for illegal Assembly:
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 1. Organizers or leaders of the meeting
2. Persons merely present at the meeting
147 Illegal Associations: PC in Illegal Association distinguished from
Illegal 1. Associations totally or partially organized for the minimum and Illegal Assembly
Associati purpose of committing any of the crimes medium and 1. In Illegal Association, it is not
ons punishable under the Code a fine not necessary that there be an actual
2. Associations totally or partially organized for exceeding meeting; In illegal Assembly, it is
some purpose contrary to public morals P1,000 – necessary there is an actual meeting
founders, 2. In illegal associations, it is the act of
Persons Liable for Illegal Association: directors, and forming or organizing and membership
1. Founders, directors and president of the presidents in association that are punished; in
association A Mayor – Illegal Assembly, it is the meeting and
2. Mere members of the association mere attendance at such meeting that are
members of punished
said 3. In illegal associations, the persons
association liable are the founders, directors and
president and the members; In illegal
assembly the person liable are the
organizers or leaders of the meeting,
and persons present at such meeting
148 Two Forms of Direct Assault and Their PC in medium 1. It does not seem that the offended
Direct Requisites: and maximum party in the first form of direct assault
Assaults 1. Without public uprising, by employing force or periods and a must be a person in authority or his
intimidation, for the attainment of any of the fine not agent
purposes enumerated in defining the crimes of exceeding 2. If the offended party is only an agent of
rebellion and sedition P1,000 – a person in authority, the force
a. the offender employs force or intimidation when the employed must be of SERIOUS
b. the aim of the offender is to attain any of the assault is character to be direct assault
purposes of the crime of rebellion or any of committed 3. The force employed NEED NOT be
the objects of crime of sedition with a serious when the offended party is a
c. there is no public uprising weapon or person in authority
when the 4. The intimidation or resistance must be
2. Without public uprising, by attacking or offender is a serious whether the offended party is
employing force or by seriously intimidating or public officer an agent only or he is a person in
by seriously resisting any person in authority or or employee authority
any of his agents, while engaged in the 5. The resist must be grave, therefore it
performance of official duties, or on the occasion PC in must be active resistance
of such performance minimum 6. Intimidation must produce its effects
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 period and a
Simple Assault: fine not
a. the offender makes an attack, employs force, exceeding
makes a serious intimidation, or makes a P500 – no
serious resistance circumstance
b. the person assaulted is a person in authority s present
or his agent
c. at the time of the assault the person in
authority or his agent is engaged in the actual
performance of official duties, or that he is
assaulted by reason of the past performance
of official duties
d. the offender knows that the one he is
assaulting is a person in authority or his
agent in the exercise of his duties
e. there is no public uprising
Qualified Assault
a. when the assault is committed with a weapon
b. when the offender is a public officer or
employee
c. when the offender lays hands upon a person
in authority
Person in Authority – any person directly vested
with jurisdiction, whether as an individual or as a
member of some court or governmental corporation,
board or commission, shall be deemed a person in
authority
Agent of Person in Authority – 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, such as a barrio vice-
lieutenant, barrio councilman and barrio policeman,
and any person who comes to the aid of persons in
authority
rosie 2002-2003
immediately
7. To determine whether a certain public
officer is a person in authority, the
powers and duties vested in him by law
should be determined
8. The status of person in authority being
a matter of law, ignorance thereof is no
excuse
9. Functions of the person in authority or
his agent must be clearly shown in the
information
10.When a person in authority or their
agents descended to mattes which are
private in nature, an attack made by
one against the other is not direct
assault
11.Even if the agent of a person in
authority agrees to fight, it still
constitutes direct assault
12.If a person in authority or his agent
goes beyond the scope of the
respective powers of public officers, if
they are fixed, then they are considered
NOT in the performance of official
duties
13.Knowledge of the accused that the
victim is a person in authority or his
agent is essential
14.Defendant must have the intention to
defy the authorities
15.If is not necessary that the person in
authority who was assaulted was
ACTUALLLY performing official duties
16.Evidence of motive is important when
the person attacked or seriously
intimidated is NOT in the actual
performance of his official duty
17.Where in the commission of direct
16
 assault, serious or less serious physical
To be an agent of a person of authority, one injuries are also inflicted, the offender
must be charged with: is guilty of the complex crime of direct
1. maintenance of public order; and assault with serious or less serious
2. protection and security of life and property physical injuries
18.the crime of slight physical injuries is
Distinguish Direct Assault from Ordinary absorbed in direct assault
Assault:
a. Direct assault are crimes against public
order; ordinary assaults are crimes against
persons
b. Direct assaults are triable by the Court of
First Instance
149 1. A person in authority or his agent is the victim of PC in 1. Indirect assault can be committed only
Indirect any of the forms of direct assault defined in minimum and when a direct assault is also committed
Assaults Article 148 medium 2. The offended party in indirect assault
2. A person comes to the aid of such authority or periods and a may be a private person
his agent fine not
3. The offender makes use of force or intimidation exceeding
upon such person coming to the aid of the P500
authority or his agent
150 Acts Punishable: A Mayor or a 1. Article 150 applies only to disobedience
Disobedie 1. By refusing, without legal excuse, to obey fine ranging WITHOUT legal excuse
nce to summons of Congress, its special or standing from P200 to 2. Any of the acts punished by Article 150
Summons committees and subcommittees or divisions, or P1,000 – any may also constitute contempt of
Issued by by any commission or committee chairman or person who Congress
Congress, member authorized to summon witnesses having been 3. The court may take any action not
its 2. By refusing to be sworn or placed under summoned… amounting to a release of a prisoner of
Committe affirmation while being before such legislative or Congress
es, etc. constitutional body or official Same penalty 4. The power of inquiry, with process to
3. By refusing to answer any legal inquiry or to – any person enforce it, is an essential and
produce any books, papers, documents, or who shall appropriate auxiliary to the legislative
records in his possession, when required by induce functions
them to do so in the exercise of their functions disobedience
4. By restraining another from attending as a to a summons
witness in such legislative or constitutional body or refusal to
5. By inducing disobedience to a summons or be sworn by
refusal to be sworn by any such body or official any such
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 body
151 Resistance and Serious Disobedience (Par.1): A Mayor and Paragraph 1:
Resistanc 1. A person in authority or his agent is engaged in a fine not 1. The juridical conception of the crime of
e and the performance of official duty or gives a lawful exceeding resistance and disobedience to a
Disobedie order to the offender P500 – any person in authority or his agents
nce to a 2. The offender resists or seriously disobeys such person shall consists in a failure to comply with
Person in person in authority or his agent resist or orders directly issued by the
Authority 3. The act of the offender is not included in the seriously authorities in the exercise of their
or Agents provisions of Articles 148, 149, and 150 disobey any official duties
of Such Simple Disobedience (Par. 2): person in 2. The person in authority must be in the
Person 1. An agent of a person in authority is engaged in authority actual performance of his official duties
the performance of official duty or gives a lawful 3. The disobedience contemplated
order to the offender A Menor or a consists in the failure or refusal to obey
2. The offender disobeys such agent of a person in fine ranging a direct order from the authority or his
authority from P10 to agent
3. Such disobedience is not of a serious nature P100 – 4. The accused must have knowledge that
disobedience the person arresting him is a peace
Direct Assault Distinguished from Resistance to an agent of officer
or Serious Disobedience: a person in 5. There is justified resistance when the
1. In direct assault, the person in authority or his authority is accused had no right to make the
agent must be engaged in performance of official not of a search
duties or that he is assaulted by reason thereof, serious
but in resistance, the person in authority or his nature Paragraph 2:
agent must be in actual performance of his 6. The order must be lawful
duties 7. If the disobedience to an agent of a
2. Direct assault (2nd form) is committed in 4 ways; person in authority is of a serious
Resistance is committed only by resisting or nature, the offender should be
seriously disobeying punished under par. 1 of Article 151
3. In both, there is force employed, but the force in 8. When the attack or employment of
resistance is not so serious, as there is no force is not deliberate, the crime is only
manifest intention to defy the law; in direct resistance or disobedience
assault it must be serious and deliberate;
4. When the one resisted is a person in authority,
the use of any kind or degree of force will give
rise to direct assault; if no force is employed by
the offender in resisting or disobeying, the crime
committed is resistance
153 Tumults and Other Disturbances of Public A Mayor in 1. Serious disturbance must be planned
rosie 2002-2003 18
Tumults Order: medium to PC or intended
and 1. Causing any serious disturbance in a public in minimum 2. If the act of disturbing or interrupting a
Other place, office or establishment and a fine not meeting or religious ceremony is not
Disturba 2. Interrupting or disturbing performances, exceeding committed by public officers, or if
nces of functions or gatherings, or peaceful meetings, if P1,000 committed by public officers they are
Public the act is not included in Articles 131 and 132 Penalty next participants therein, Article 153 should
Order 3. Making any outcry tending to incite rebellion or higher in be applied
sedition in any meeting, association or public Degree – 3. Inciting to Sedition or Rebellion
place person distinguished from Public Disorder – It
4. Displaying placards or emblems which provoke a causing any is necessary that offender should have
disturbance of public order in such place disturbance done the act with the idea aforethought
5. Burying with pomp the body of a person who has or of inducing his hearers or readers to
been legally executed interruption commit the crime of rebellion or
of a sedition; if the outcry is more or less
Outcry – to shout subversive or provocative words tumultuous unconscious outburst, which, although
tending to stir up the people to obtain by means of character rebellious or seditious in nature, is not
force or violence any of the objects of rebellion or A Mayor – intentionally calculated to induce
sedition person who others to commit rebellion or sedition,
shall make it is only public disorder
Circumstances Qualifying the Disturbance or any outcry 4. One who fired a submachine gun to
Interruption tending to cause disturbance, but inflicted serious
-if tumultuous in character incite physical injuries on another, may be
rebellion or prosecuted for 2 crimes
Tumultuous – the disturbance or interruption shall sedition
be deem as such if caused by more than three A Menor and
persons who are armed or provided with means of a fine not to
violence exceed P200
– bury with
pomp the
body of a
person legally
executed
154 Acts Punished as Unlawful Use of Means of A Mayor and 1. It is not necessary that the publication
Unlawful Publication and Unlawful Utterances: fine ranging of the false news actually cased public
Use of 1. Publishing or causing to be published, by means from P200 to disorder or caused damage to the
Means of of printing, lithography or any other means of P1,000 interest or credit of the State; the mere
Publicati publication, as news any false news which may possibility of causing such danger or
on and endanger the public order, or cause damage to damage is sufficient
rosie 2002-2003 19
Unlawful the interest or credit of the State
Utteranc 2. By encouraging disobedience to the law r to the
es constituted authorities or by praising, justifying
or extolling any act punished by law, by the same
means or by words, utterances or speeches
3. By maliciously publishing or causing to be
published any official resolution or document
without proper authority, or before they have
been published officially
4. By printing, publishing or distributing (or
causing the same) books, pamphlets, periodicals,
or leaflets which do not bear the real printer’s
name, or which are classified as anonymous
155 Acts Punished as Alarms and Scandals:
Alarms
and 1. Discharging any firearm, rocket, firecracker, or
Scandals other explosive within any town or public place,
calculated to cause (which produces) alarm or
danger
2. Instigating or taking an active part in any
charivari or other disorderly meeting offensive to
another or prejudicial to public tranquility
3. Disturbing the public peace while wandering
about at night or while engaged in any other
nocturnal amusements
4. Causing any disturbance or scandal in public
places while intoxicated or otherwise, provided
Article 153 is not applicable
156 1. There is a person confined in a jail or penal
Deliverin establishment
g 2. The offender removes therefrom such person, or
Prisoners helps the escape of such person
from Jail
rosie 2002-2003
2. The offender must know that the news
is false
3. If there is no possibility of danger to
the public order or of causing damage
to the interest or credit of the state by
the publication of the false news
A Menor or a 1. It is the result, not the intent that
fine not counts. The act must produce alarm or
exceeding danger as a consequence
P200 2. The discharge of the firearm should not
be aimed at a person, otherwise, the
offense would fall under Article 254
3. Article 155 does not make any
distinction as to the particular place in
the town or public place where the
discharge of firearm, rocket, etc. is
effected
4. The discharge of firecrackers or
rockets during fiestas or festive
occasion are not covered by this Article
5. Disturbance of serious nature falls
under Article 153
6. Charivari – medley of discordant
voices, a mock serenade of discordant
noises made on kettles, tins, horns, etc.
designed to annoy and incite
A Mayor in 1. Person may be under detention only or
maximum to by final judgment
PC in 2. Hospital or asylum considered as an
minimum – extension of jail or prison
any person 3. Offender is usually an outsider
20
 who shall 4. The guard of the jail, who is off duty,
Qualifying Circumstance remove from may be held liable for delivering
- What constitutes the qualifying circumstance any jail any prisoner from jail
is the offender’s act of employing bribery as a person 5. Violence, intimidation or bribery is not
“means” of removing or delivering the confined necessary
prisoner from jail, and not the offender’s act therein or 6. Employment of deceit is not an element
of receiving or agreeing to receive a bribe as shall help of the offense
a consideration fro committing the offense escape of 7. If the crime committed by the prisoner
such person for which he is confined or serving
by means of sentence is treason, murder or
violence, parricide, the act of taking the place of
intimidation the prisoner in the prison is that of an
or bribery accessory and he may be held liable as
Same such, because he assists in the escape
Penalties in of the principal
Minimum – if 8. Prisoner is criminally liable for leaving
escape should the penal institution only when there is
take place evasion of a sentence
outside of
said
establishment
by taking
guards by
surprise
157 1. Offender is a convict by final judgment PC in medium 1. The sentence must be “by reason of
Evasion 2. He is serving his sentence which consists in and maximum final judgment”
of Service deprivation of liberty – escape 2. This article is not applicable to
of 3. He evades the service of the sentence by during term sentence executed by deportation
Sentence escaping during the term of his sentence of 3. Escape – flee from, to avoid, to get out
imprisonment of the way, as to flee to avoid arrest
Qualifying Circumstances: PC in 4. Article 157 is applicable to sentence of
1. by means of unlawful entry (by scaling); maximum – if destierro, since it consists in a
2. by breaking doors, windows, gates, walls, roofs it shall take deprivation of liberty
or floors; with any of 5. Unlawful entry – scaling or climbing
3. by using picklocks, false keys, disguise, deceit, the qualifying the wall
violence, or intimidation; or circumstance
4. thru connivance with other convicts or s enumerated
employees of penal institution
rosie 2002-2003 21
 158 1. The offender is a convict by final judgment, who Increase of 1. Offender must be a convict by final
Evasion is confined in a penal institution 1/5 of time judgment
on 2. There is a disorder, resulting from: conflagration, still 2. The convict must leave the penal
Occasion earthquake, explosion, similar catastrophe, or remaining to institution
of mutiny in which he has not participated be served 3. What is punished is not the leaving of
Disorders 3. The offender evades the service of his sentence under the the penal institution, but the failure of
by leaving the penal institution where he is original the convict to give himself up to the
confined, on the occasion of such disorder or sentence, authorities within 48 hours after the
during the mutiny which in no proclamation announcing the passing
4. The offender fails to give himself up to the case shall away of the calamity
authorities within 48 hours following the exceed six 4. If offender fails to give himself up, he
issuance of a proclamation by the chief executive months gets an increased penalty
announcing the passing away of such calamity Deduction 5. If offender gives himself up he is entitle
provided in to a deduction of 1/5th of his sentence
Mutiny – organized unlawful resistance to a Article 98 – if
superior officer; a sedition or revolt; does not convict shall
include a riot or if prisoners disarmed the guards give himself
and escaped since they are not their superior up within 48
officers hours
159 1. Offender was a convict PC in 1. The court cannot require the convict to
Violation 2. He was granted a conditional pardon by the minimum serve the unexpired portion of his
of Chief Executive period – if original sentence if it does not exceed 6
Condition 3. He violated any of the conditions of such pardon penalty years
al Pardon remitted does 2. Violation of conditional pardon is not a
Conditional Pardon – a contract between the Chief not exceed 6 substantive offense, because the
Executive, who grants the pardon, and the convict, years penalty for such violation is the
who accepts it unexpired portion of the punishment in
Unexpired the original sentence
Portion of 3. Condition extends to special laws
Original 4. Offender must be found guilty of
Sentence – if subsequent offense before he can be
penalty prosecuted under Article 159
remitted is 5. Offender can be arrested and re-
higher than 6 incarcerated without trial
years 6. The period when convict was at liberty,
not deducted in case he is recommitted
7. Duration of the conditions subsequent
is limited to the remaining period of the
rosie 2002-2003 22
 sentence
160 Quasi-Recidivism Besides the 1. Second crime must be a felony; but the
Commissi 1. The offender was already convicted by final provisions of first crime for which the offender is
on of judgment of one offense Rule 5 Article serving sentence need not be a felony
Another 2. He committed a new felony before beginning to 62, Maximum (could be under a special law)
Crime serve such sentence or while serving the same of penalty 2. Quasi-Recidivism cannot be offset by
During prescribed by ordinary mitigating circumstances
Service of Quasi-Recidivism Distinguished from law for the 3. A quasi-recidivist, who is not a habitual
Penalty Reiteracion – reiteracion requires that the offender new felony criminal, may be pardoned at the age
Imposed against who it is considered shall have served out of 70 years if he has already served
for his sentences for the prior offenses out his original sentence or when he
Another shall complete it after reaching said
Previous age
Offense
161 Acts Punished: RT 1. The offense is not falsification of public
Forging 1. Forging the Great Seal of the Government of the document
the Seal Philippines 2. The President has custody and use of
of the 2. Forging the signature of the president the Great Seal
Gov’t, 3. Forging the stamp of the president 3. The signature of the President must be
Signature forged
or Stamp
of the
Chief
Executive
162 1. That the Great Seal of the Republic was P Mayor The offender under this article should not
Using counterfeited or the signature or stamp of the be the forger.
Forged Chief Executive was forged by another person
Signature 2. The offender knew of the counterfeiting or
or forgery
Counterf 3. He used the counterfeit seal or forged signature
eit Seal or stamp
or Stamp
163 1. There be false or counterfeited coins PM in 1. A coin is false or counterfeited if it is
Making 2. The offender either made, imported or uttered minimum and forged or if it is not authorized by the
and such coins medium and government as legal tender, regardless
Importin 3. That in case of uttering such false or a fine not to of its intrinsic value
g and counterfeited coins, he connived with the exceed 2. Former coins withdrawn from

rosie 2002-2003 23
Uttering counterfeiters or importers P10,000 – circulation may be counterfeited under
False silver coin of Article 163
Coins Coin – is a piece of metal stamped with certain Philippines or 3. Kinds of coins the Counterfeiting of
marks and made current at a certain value coin of CB which is Punished:
PC in a. Silver coin of the Philippines or coin
Counterfeiting – means the imitation of a legal or minimum and of the Central Bank of the
genuine coin; there must be an imitation of the medium and Philippines
peculiar design of a genuine coin a fine not to b. Coin of minor coinage of the
exceed Philippines or of the Central Bank of
Import – means to bring them into port P2,000 – the Philippines
minor c. Coin of the currency of a foreign
Utter – means to pass counterfeited coins; includes coinage of the country
their delivery or act of giving them away Philippines or
CB
PC in
minimum and
a fine not to
exceed
P1,000 –
currency of
foreign
country
164 Acts Punished: PC in 1. Mutilation – means to take off part of
Mutilatio 1. Mutilating coins of the legal currency, with minimum and the metal either by filing it or
n of further requirement that there be intent to a fine not to substituting it for another metal of
Coins damage or to defraud another exceed inferior quality; to diminish by
2. Importing or uttering such mutilated coins, with P2,000 ingenuous means the metal in the coin
the further requirement that there must be 2. The coin must be of legal tender in
connivance with the mutilator or importer in mutilation
case of uttering 3. Coins of foreign country not included
165 1. Possession of coin, counterfeited or mutilated by Penalty lower1. Possession of or uttering false coin does
Selling of another person, with intent to utter the same, by one not require that the counterfeited coin is
False or knowing that it is false or mutilated degree than legal tender
Mutilated a. Possession that 2. Constructive possession included
Coins, b. With intent to utter prescribed in3. Possession of counterfeiter or importer not
Without c. Knowledge said articles punished as separate offense
Connivan 2. Actually uttering such false or mutilated coins, 4. Accused must have knowledge of the fact
ce knowing the same to be false and mutilated that the coin is false
rosie 2002-2003 24
 a. Actually uttering 5. Punishable even if the offender was not in
b. Knowledge connivance with counterfeiter or mutilator
166 Acts Punishable: RT in 1. Uttering forged bill must be with
Forging 1. Forging or falsification of treasury or bank notes minimum and connivance to constitute a violation of
Treasury or other documents payable to bearer fine not to Article 166
or Bank 2. Importation of such false or forged obligations or exceed 2. Notes and other obligations and
Notes or notes P10,000 – securities that may be forged or
Other 3. Uttering of such false or forged obligations or obligation or falsified under Article 166:
Documen notes in connivance with the forgers or security of a. Treasury or bank notes,
ts importers Philippines b. Certificates
Payable P Mayor in c. Other obligations and securities,
to Bearer Forging – committed by giving to a treasury or maximum payable to bearer
bank note or any instrument payable to bearer or to period and a 3. A bank note, certificate or obligation
order the appearance of a true and genuine fine not to and security is payable to bearer when
document; to forge an instrument is to make false exceed it can be negotiated by mere delivery
instrument intended to be passed for the genuine P5,000 – 4. Penalties depend upon the kind of
one circulating forged treasure or bank notes or other
note issued documents
Falsification – committed by erasing, substituting, by any 5. Forgery is Committed: (Article 169)
counterfeiting, or altering by any means, the banking a. By giving to a treasury or bank note
figures, letters, words, or signs contained therein association or any instrument payable to bearer
duly or to order mentioned therein, the
Importation – means to bring them into the authorized by appearance of a true and genuine
Philippines, which presupposes that the obligations law document
or notes are forged or falsified in a foreign country P Mayor in b. By erasing, substituting,
medium and counterfeiting, or altering by any
Uttering – means offering obligations or notes a fine not to means the figures, letters, words, or
knowing them to be false or forged, whether such exceed sign contained therein
offer is accepted or not, with a representation, by P5,000 –
words or actions, that they are genuine and with an issued by
intent to defraud foreign gov’t
P Mayor in
Obligation or Security – all bonds, certificates of minimum and
indebtedness, national bank notes, coupons, a fine not to
treasury notes, fractional notes, certificates of exceed
deposits, bills, checks, drafts for money, and other P2,000 –
representatives of value under any act of Congress circulating
note or bill
rosie 2002-2003 25
 issued by
foreign bank
duly
authorized
therefore
167 1. There be an instrument payable to order or other PC in medium 1. Application of this article is limited to
Counterf document of credit not payable to bearer and maximum instruments payable to order
eiting 2. The offender either forged, imported or uttered and a fine not 2. It includes such instruments or
Instrume such instrument to exceed document of credit issued by a foreign
nts Not 3. In case of uttering, he connived with the forger P6,000 government or bank
Payable or importer 3. Connivance is not required in uttering
to Bearer if the utterer is the forger
168 1. That any treasury or bank not or certificate or Penalty next 1. Intent to posses is not intent to use
Illegal other obligation and security payable to bearer, lower in 2. Possession of false treasury or bank
Possessio or any instrument payable to order or other degree than notes alone is not a criminal offense
n and use document of credit not payable to bearer is that 3. Accused must have knowledge of
of False forged or falsified by another person prescribed in forged character of the note
Treasury 2. The offender knows that any of those said articles 4. A person in possession of falsified
or Bank instruments is forged or falsified document and who makes use of the
Notes 3. He performs any of these acts: same is presumed to be material author
and a. using any of such forged or falsified of falsification
Other instruments 5. It is not an impossible crime when the
Instrume b. possessing with intent to use any of such act performed would have been a crime
nts of forged or falsified instruments of illegal possession of false treasury
Credit notes
170 1. That there be a bill, resolution or ordinance PC in 1. Bill, resolution or ordinance must be
Falsificati enacted or approved or pending approval by maximum and genuine
on of either House of the Legislature or any provincial a fine not to 2. Offender is any person
Legislativ board or municipal council exceed 3. The act of falsification in legislative
e 2. The offender alters the same P6,000 document is limited to altering it which
Documen 3. He has no proper authority therefore changes its meaning
ts 4. The alteration has changed the meaning of the
document
171 1. Offender is a public officer, employee or notary P Mayor and 1. In falsification by making alteration or
Falsificati public a fine not to intercalation or including in a copy a
on by 2. He takes advantage of his official position exceed different statement, there must be a
Public a. He has duty to make or to prepare or P5,000 – first genuine document that is falsified; in

rosie 2002-2003 26
 Officer, otherwise intervene in the preparation of the
Employee document; or
, or b. He has the official custody of the document
Notary or which he falsifies
Ecclesias 3. That he falsifies a document by committing any
tical of the following acts:
Minister a. counterfeiting or imitating (feigning) any
handwriting, signature or rubric
i. that there be an intent to imitate, or an
attempt to imitate
ii. that the 2 signatures or handwritings, the
genuine and the forged, bear some
resemblance to each other
b. causing it to appear that persons have
participated in any act or proceeding when
they did not in fact so participate
i. the offender caused it to appear in a
document that a person(s) participated in
an act or proceeding
ii. That such person(s) did not in fact so
participate in the act or proceeding
c. Attributing to person who have participated
in an act or proceeding statements other than
those in fact made by them
i. that a person(s) participated in an act or
proceeding
ii. that such person(s) made statements in
that act or proceeding
iii. that the offender, in making the document,
attributed to such person(s) statements
other than those in fact made by such
person(s)
d. Making untruthful statements in a narration
of facts
i. that the offender makes in a document
statements in a narration of facts
ii. that he has a legal obligation to disclose
the truth of the facts narrated by him
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paragraph other paragraphs, falsification may be
committed by simulating or fabricating
Same penalty a document
– 2. Paragraph 1
ecclesiastical a. Counterfeiting – imitating any
minister handwriting, signature or rubric
b. Feigning – simulating a signature,
handwriting or rubric out of one
which does not in fact exist
3. Paragraph 2 – when committed by a
private individual, Article 172 should
apply
4. Paragraph 4
a. There must be a narration of facts,
not of conclusion of law
b. Legal Obligation – there is a law
requiring the disclosure of the truth
of the facts narrated
c. Person making the narration of facts
must be aware of the falsity of the
facts narrated by him
d. Perversion of truth must be made
with the wrongful intent of injuring
3rd person
e. Wrongful intent not essential when
the document falsified is a public
document
f. Good faith is a defense
g. Falsification by omission is
punishable
5. Paragraph 5 – Date must be essential
6. Paragraph 7
a. liability of private individual when
there is conspiracy – same as public
officer
b. Intent to gain or prejudice not
necessary
27
 iii. that the facts narrated by the offender are
absolutely false
e. Altering true dates
f. Making any alteration or intercalation in a
genuine document which changes its meaning
i. that there be an alteration (change) or
intercalation (insertion) on a document
ii. that it was made a genuine document
iii. that the alteration or intercalation has
changed the meaning of the document
iv. that the change made the document speak
something false
g. Issuing in authenticated form a document
purporting to be a copy of any original
document when no such original exists, or
including in such copy a statement contrary
to, or different from that of the genuine
original
h. Intercalating any instrument or note relative
to the issuance thereof in a protocol, registry
or official book.
4. 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
172 Acts Punished and Their Requisites: PC in medium Paragraph 1
Falsificati and maximum 1. Four Kinds of Documents
on by 1. Falsification of public, official or commercial and a fine of a. Public Document – created,
Private document by a private individual not more than executed or issued by a public
Individua a. that the offender is a private individual or a P5,000 official in response to exigencies of
ls and public officer or employee who did not take public service, or in execution of
use of advantage of his official position which a public official intervened
Falsified b. that he committed any of the acts of b. Official Document – issued by a
Documen falsification enumerated in Article 171 public official in exercise of the
ts c. that the falsification was committed in a functions of his office
public or official or commercial document c. Private Documents – deed or
instrument executed by a private
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2. Falsification of private document by any person
a. that the offender committed any of the acts of
falsification, except those in paragraph 7,
enumerated in Article 171
b. that the falsification was committed in any
private document
c. that the falsification caused damage to a third
party or at least the falsification was
committed with intent to cause such damage
3. Use of falsified document
Introducing in Judicial Proceeding:
a. that the offender knew that a document was
falsified by another person
b. that the false document is embraces in Article
171 or in any subdivision no 1 or 2 or Article
172
c. that he introduced said document in evidence
in any judicial proceeding
Use in Any Other Transaction:
a. that the offender knew that a document was
falsified by another person
b. that the false document is embraced in
Article 171 or in any of subdivision no. 1 or 2
of Article 172
c. that he used such document (not in judicial
proceedings)
d. that the use of the false documents caused
damage to another or at least it was used
with intent to cause such damage
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person without the intervention of
notary public or other person legally
authorized, by which document
some disposition or agreement is
proved, evidenced or set forth
d. Commercial Documents – defined
and regulated by the Code of
Commerce or any other commercial
law
2. Mere blank form of official document is
not in itself a document
3. Possessor of a certificate of tile is
presumed to be the author of the
falsification that made possible the
transfer of title
4. Possessor of falsified document is
presumed to be author of falsification
5. Good faith is a defense
Paragraph 2
1. Mere falsification is not enough;
requires:
a. he must have counterfeited the false
document
b. he must have performed an
independent act which operates to
prejudice 3rd person
2. Damage need not be material
3. not necessary that offender profited or
hope to profit by falsification
4. Falsification may be a necessary means
to commit other crimes
a. no complex crime of estafa thru
falsification of private document
b. no falsification thru reckless
imprudence if document is private
and no actual damage is caused
c. crime is falsification of public
document, even if falsification took
29
 place before the private document
becomes part of public records
Generally, falsification has no attempted or
frustrated stage
Paragraph 3
1. Damage not necessary in crime of
introducing in judicial proceedings;
Intent to cause damage, at least, is
required in use of falsified document in
proceeding not judicial
2. User deemed author of falsification if
a. the use was so closely connected in
time with falsification
b. the user had the capacity of
falsifying the document
173 Acts Punishable PC in medium 1. Private individual cannot be a principal
Falsificati 1. Uttering fictitious wireless, telegraph or and maximum by direct participation in falsification of
on of telephone message – falsification telegraphic dispatches
Wireless, a. That the offender is an officer or employee of Penalty next 2. Private individual may be held liable as
Cable, the government or of a private corporation, lower in principal by inducement in falsification
Telegrap engaged in the service of sending or receiving degree – use of telegraph dispatches or telephone
h and wireless, cable or telephone message of such messages
Telephon b. That the offender commits any of the falsified
e following acts: dispatch
Messages i. uttering fictitious wireless, cable, telegraph
or telephone message
ii. falsifying wireless, cable, telegraph or
telephone message
2. Falsifying wireless, telegraph or telephone
message
* same as above
3. Using such falsified message
a. that the accused knew that wireless, cable,
telegraph, or telephone message was falsified
by any of the person specified in the 1st
paragraph of Article 173
b. that the accused used such falsified dispatch
c. that the use of the falsified dispatch resulted
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 in the prejudice of a 3rd party, or that the use
thereof was with intent to cause such
prejudice
174 Persons Liable: A Mayor in 1. Certificate – any writing by which
Falsificati 1. Physician or Surgeon – must refer to illness or Maximum to testimony is given that a fact has or
on of injury of a person; called “False Medical PC in has not taken place
Medical Certificate by a Physician” minimum and 2. Falsification of certificate of large
Certificat 2. Public Officer – includes merit,, service, good a fine not to cattle is now covered by Article 171 or
es, conduct or similar circumstances; called “False exceed 172 and not 174
Certificat Certificate of Merit or Service by a Public P1,000
es of Officer”
Merit or 3. Private Individual – “ False Medical Certificate A Mayor
Service by a Private Individual” or “False Certificate of
Merit by a Private Individual”
175 1. That the physician or surgeon had issued a false A Menor
Using medical certificate, or a public officer had issued
False a false certificate of merit or service, good
Certificat conduce or similar circumstance, or a private
es person had falsified any of said certificates
2. that the offender knew that the certificate was
false
3. that he used the same
176 Acts Punished: PC in medium 1. Implements confiscated need not form
Mnftg 1. Making or introducing in to the Philippines any and maximum a complete set
and stamps, dies, marks or other instruments or and a fine not 2. Also punished constructive possession
Possessio implements for counterfeiting or falsification to exceed
n of 2. Possessing with intent to use the instruments or P10,000
Impleme implements for counterfeiting or falsification Penalty next
nts for made in or introduced into the Philippines by lower in
Falsificati another person degree
on
177 Two Ways of Committing the Crime: PC in 1. There must be positive, express and
Usurpatio 1. By knowingly and falsely representing oneself to minimum and explicit representation
n of be an officer, agent or representative of any medium 2. The offender should have represented
Authority department or agency of the Philippine periods himself to be an officer, agent or
or Government or any foreign government representative of any department or
Official - In usurpation of authority, the mere act of agency of the government; or should

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Functions knowingly and falsely representing oneself to have performed an act pertaining to a
be an officer, etc. is sufficient; it is not person in authority or public officer
necessary that he performs an act pertaining 3. False representation may be shown by
to a public officer acts
2. By performing any act pertaining to any person 4. Article 177 may be violated by a public
in authority or public officer of the Philippine officer
Government or of a foreign government or any 5. Article 177 does not apply to occupant
agency thereof, under pretense of official under color of title
position, and without being lawfully entitled to 6. Article 177 punishes usurpation of
do so authority or official functions of any
- In usurpation of official functions, it is officer of any foreign government
essential that the offender should have 7. The act performed, without the
performed an act pertaining to a person in offender being lawfully entitled to do
authority or public officer, in addition to other so, must pertain to the government, or
requirements to any person in authority, or to any
public officer
178 Using Fictitious Name: A Mayor and 1. If the purpose is for causing damage, it
Using 1. The offender uses a name other than his real a fine not to must be damage to public interest
Fictitious name exceed P500 2. Signing a fictitious name in an
Name 2. He uses that fictitious name publicly – use of application for passport is publicly
and 3. The purpose of the offender is to conceal a fictitious using such fictitious name
Conceali crime, to evade the execution of a judgment, or name 3. Where a person takes the place of
ng True to cause damage to public interest another who has been convicted by
Name Concealing True Name: A Menor and final judgment, he is guilty of using a
1. That the offender conceals his true name and all a fine not to fictitious name punishable under this
other circumstances exceed P200 Article
2. That the purpose is only to conceal his identity – conceal true 4. Fictitious Name – any other name
name which a person publicly applies to
Distinction Between Use of Fictitious Name and himself without authority of law
Concealing True Name: 5. Com Act No. 142 regulates the use of
1. In use, the element of publicity must be present; aliases
in concealing true name, that element is not
necessary
2. The purpose of use of fictitious name is any of
those 3 enumerated; in concealing true name, it
is merely to conceal identity
179 1. That the offender makes use of insignia, uniform A Mayor 1. Wearing the uniform of an imaginary
Illegal or dress office is not punishable
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 Use of 2. That the insignia, uniform or dress pertains to an 2. An exact imitation of a uniform or dress
Uniforms office not held by the offender or to a class of is unnecessary
or persons of which he is not a member
Insignia 3. That said insignia, uniform or dress is used
publicly and improperly
180 1. That there be a criminal proceeding RT if the 1. Penalty for false testimony against the
False 2. That the offender testifies falsely under oath defendant defendant in a criminal case depends
Testimon against the defendant therein shall have upon the sentence imposed on the
y Against 3. That the offender who gives false testimony been person against whom the false
a knows that it is false sentenced to testimony was given
Defendan 4. that the defendant against whom the false death 2. Defendant must be sentenced at least
t testimony is given is either acquitted or PM if to a correctional penalty, or a fine, or
convicted in a final judgment defendant must be acquitted
shall have 3. Witness who gave false testimony is
False Testimony – committed by a person who, been liable even if his testimony was not
being under oath and required to testify as to the sentenced to considered by the court
truth of a certain matter at a hearing before a RT or 4. The law intends to punish the mere
competent authority, shall deny the truth or say Perpetua giving of false testimony
something contrary to it A Mayor if
defendant
Nature of Crime of False Testimony – shall have
particularly odious when committed in judicial been
proceedings, as it constitutes an imposition upon sentenced to
the court and seriously exposes it to a miscarriage correctional
of justice penalty or a
fine, or shall
have been
acquitted
181 Nature of the Crime – False testimony favorable to A Mayor in 1. False testimony by negative statement
False the defendant is equally repugnant to the orderly max to PC in is in favor of defendant
Testimon administration of justice minimum and 2. The false testimony favorable to the
y a fine not to defendant need not benefit the
Favorable False testimony is punished because of its tendency exceed defendant
to to favor or to prejudice the defendant P1,000 – if 3. Rectification made spontaneously after
Defendan prosecution is realizing the mistake is not false
t for a felony testimony
punishable by
an afflictive
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 penalty
A Mayor – in
any other
case
182 1. That the testimony must be given in a civil case PC in 1. The testimony given in civil case must
False 2. That the testimony must relate to the issues minimum and be false
Testimon presented in said case a fine not to 2. Article 182 is not applicable when the
y in Civil 3. That the testimony must be false exceed false testimony is given in special
Cases 4. That the false testimony must be given by the P6,000 proceedings
defendant knowing the same to be false 3. Penalty depends on amount of the
5. That the testimony must be malicious and given A Mayor in controversy
with an intent to affect the issues presented in max to PC in a. PC in minimum and a fine not to
said case minimum and exceed P6,000 – if amount in
fine not to controversy shall exceed P5,000
exceed b. A Mayor in max to PC in minimum
P1,000 and fine not to exceed P1,000 – if
amount in controversy shall not
exceed said amount or cannot be
estimated
183 1. Two ways of Committing Perjury A Mayor in 1. There must be competent proof of
False a. By falsely testifying under oath; and maximum to materiality
Testimon b. By making a false Affidavit PC in 2. Distinguish:
y in 2. Elements of Perjury minimum a. Material – when it is directed to
Other a. That the accused made a statement under prove a fact in issue
Cases oath or executed an affidavit upon a material b. Relevant – when it tends in any
and matter reasonable degree to establish the
Perjury in b. That the statement or affidavit was made probability or improbability of a fact
Solemn before a competent officer, authorized to in issue
Affirmati receive and administer oath c. Pertinent – when it concerns
on c. That in the statement or affidavit, the accused collateral matters which make more
made a willful and deliberate assertion of a or less probable the proposition at
falsehood; and issue
d. That the sworn statement or affidavit 3. If the false testimony given by the
containing the falsity is required by law witness Is not important, essential or
material to the principal matter under
Oath – any form of attestation by which a person investigation, it cannot properly be
signifies that he is bound in conscience to perform held that perjury is committed
an act faithfully and truthfully 4. No perjury if defendant subscribed and
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 Affidavit – sworn statement in writing; a declaration swore before a clerk in treasurer’s
in writing, made upon oath before an authorized office since clerk in not a competent
magistrate or officer person authorized to administer oaths
5. The assertion of falsehood must be
Material Matter – it is the main fact which is the willful and deliberate
subject of the inquiry or any circumstance which 6. Good faith or lack of malice is a
tends to prove that fact, or any fact or circumstance defense in perjury
which tends to corroborate or strengthen the 7. Even if there is no law, requiring the
testimony relative to the subject of inquiry, or which statement to be made under oath, as
legitimately affects the credit of any witness who long as it is made for a legal purpose, it
testifies is sufficient
8. Two contradictory sworn statements
Competent Person Authorized to Administer are not sufficient to convict of perjury
Oath – a person who has a right to inquire into the 9. Subornation of Perjury – committed by
questions presented him upon matters under his a person who knowingly and willfully
jurisdiction procures another to swear falsely and
the witness suborned does testify under
circumstances rendering him guilty
184 1. That the offender offered in evidence a false Respective 1. Even if there was conspiracy between
Offering witness or false testimony penalties false witness and party who presented
False 2. That he knew the witness or the testimony was provided in him, the witness having desisted before
Testimon false this section he could testify on any material matter,
y in 3. That the offer was made in a judicial or official he is NOT liable, because desistance
Evidence proceeding during the attempted stage of
execution is an absolutory cause which
Offer of Evidence begins the moment a witness is exempts him from criminal liability
called to the witness stand and interrogated by 2. Article 184 applies when the offender
counsel does not induce a witness to testify
falsely
185 1. By soliciting any gift or promise as a PC in 1. Crime is consummated by mere
Machinat consideration for refraining from taking part in minimum solicitation
ions, any public auction period and a 2. “Other artifice” includes the use of
Monopoli a. That there be a public auction fine ranging trickery
es, and b. That the accused solicited any gift or promise from 10% to 3. An attempt to cause prospective
Combinat from any of the bidders 50% of the bidders to stay away from an auction
ions c. That such gift or promise was the value of the by means of threats, gifts, etc, with the
consideration for his refraining from taking thing intent that the thing auctioned should
part in that public auction auctioned command a lesser price, is sufficient to
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 d. That the accused had the intent to cause the
reduction of the price of the thing auctioned
2. By attempting to cause bidders to stay away
from an auction by threats, gifts, promises or any
other artifice
a. That there be a public auction
b. That the accused attempted to cause the
bidders to stay away from the public auction
c. That is 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
186 Acts Punished as Monopolies: PC in
Monopoli 1. Combination to prevent free competition in the minimum or a
es and market fine ranging
Combinat - by entering into any contract or agreement or from P200 to
ions in taking part in any conspiracy or combination P6,000, or
Restraint in the form of a trust or otherwise, in both
of Trade restraint of trade or commerce or to prevent
by artificial means free competition in the
market
2. Monopoly to restrain free competition in the
market
- by monopolizing any merchandise or object of
trade or commerce, or by combining with any
other person(s) 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
3. Manufacturer, producer, or processor or
importer combining, conspiring or agreeing with
any person to make transactions prejudicial to
lawful commerce or to increase the market price
of merchandise
a. Person Liable – manufacturer, producer,
processor, or importer of any merchandise or
object of commerce
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constitute an offense
4. The threat need not be effective nor the
offer or gift accepted for the crime to
arise
5. Reason for the Provision: execution
sales should be opened to free and full
competition in order to secure the
maximum benefit for the debtors
1. The theory in penalizing monopolies
and combinations in restraint of trade
is that competition, not combination,
should be the law of trade
2. Any property possessed under any
contract or combination contemplated
in this article, shall be forfeited to the
Government
3. The law intends to punish the mere
conspiracy or combination at which it is
aimed
4. If the offense affects any food
substance, motor fuel or lubricants or
other article of prime necessity, it is
sufficient for the imposition of the
higher penalty that the initial steps
have been taken toward carrying out
the purposes of combination
5. When the offense is committed by a
corporation or association, the
president and directors or managers
are liable as principals thereof; But the
president and directors or managers
are only liable if they:
a. knowingly permitted, or
b. failed to prevent the commission of
36
 b. Crime Committed by – combining, conspiring,
or agreeing with any person
c. Purpose – to make transactions prejudicial to
lawful commerce, or to increase the market
price of any merchandise or object of
commerce manufactured, produced,
processed, assembled or imported into the
Philippines
187 1. That the offender imports, sells, or disposes of
Importati any of those articles or merchandise
on and 2. The stamps, brands, or marks of those articles of
Dispositi merchandise fail to indicate the actual fineness
on of or quality of said metals or alloys
Falsely 3. The offender knows that stamps, brands, or
Marked marks fail to indicate the actual fineness or
Articles quality of the metals or alloys
188 Acts Punishable:
Substitut 1. By substituting the trade name or trademark of
ing and some other manufacturer or dealer, or a
Altering colorable imitation thereof, for the trade name or
Trademar trademark of the real manufacturer or dealer
ks, Trade upon any article of commerce and selling the
names, or same
Service 2. By selling or by offering for sale such articles of
marks commerce, knowing that the trade name or
trademark has been fraudulently used
3. By using or substituting the service mark or
some other person, or a colorable imitation of
such mark, in the sale or advertising of his
services
4. By printing, lithographing, or reproducing trade
name, trademark, or service mark of one person,
or a colorable imitation thereof, to enable
another person to fraudulently use the same,
knowing the fraudulent purpose for which it is to
be used
rosie 2002-2003
such offense
PC or a fine 1. Articles of merchandise involved: gold,
ranging from silver, other precious metals, or their
P200 to alloys.
P1,000 2. Selling the misbranded articles is not
necessary
3. Article 187 does not apply to
manufacturer of misbranded articles
made of gold, silver, etc.
PC in 1. The trade name, etc. used by the
minimum or a offender need not be identical with the
fine ranging infringed trade name, etc of the
from P500 to offended party; a colorable imitation is
P2,000 or sufficient
both 2. There must not be differences which
are glaring and striking to the eye
3. Mark – any visible sign capable of
distinguishing the foods (trademark) or
service (service mark) of an enterprise
and shall include a stamped or marked
container
4. The trademark’s function is to indicate
the origin or ownership of the goods to
which it is fixed
5. The objects of trademark are to point
out distinctly the origin or ownership of
the article to which it is affixed, to
secure to him, who has been
instrumental in brining into market a
superior article of merchandise, the
37
 Trade Name – name or designation identifying or
distinguishing an enterprise
Trade Name Distinguished from Trademark
1. Trade name is used in trade to designate a
particular business of certain individuals
considered as an entity; trademark is used to
indicate the origin or ownership of the goods to
which it is affixed
2. Trade name, unlike trademarks, are not
necessarily attached or affixed to the goods of
the owner
189 Acts Punished:
Unfair 1. By selling his goods, giving them the general
Competiti appearance of the goods of another
on, manufacturer or dealer (Unfair Competition)
Fraudule a. That the offender gives his goods the general
nt appearance of the goods of another
Registrat manufacturer or dealer
ion of b. That the general appearance is shown in the
Trade (a) goods themselves, or in the (b) wrapping
Name, of their packages, or in the (c) device or
trademar words therein, or (d) any other feature of
k, or their appearance
service c. That the offender offers to sell(s) those goods
mark, or gives other persons a chance or
Fraudule opportunity to do the same with a like
nt purpose
designati d. That there is actual intent to deceive public
on of or defraud a competitor
Origin, 2. By (a) affixing to his goods or using in connection
and False with his services a false designation of origin, or
Descripti any false description or representation, and (b)
on by selling such goods and services
3. By procuring fraudulently from the patent office
the registration of trade name, trademark, or
rosie 2002-2003
fruit of his industry and skill, and to
prevent fraud and imposition
6. It is not necessary that the goods of the
prior user and the late user of the
trademark are of the same categories
7. The trade name or trademark must be
registered
8. Trademark must not be merely
descriptive or generic
9. The exclusive right to an originally
valid trademark or trade name is lost, if
for some reason it loses its
distinctiveness or has become “publici
juris”
Penalty 1. Mere offer for sale completes the
provided for commission of the crime
in the next 2. Evidence of actual fraudulent intent is
preceding not necessary
article 3. The basis for penalizing unfair
competition is that no one shall, by
imitating or any unfair device, induce
the public to believe that the goods he
offers for sale are the goods of another,
and thereby appropriate to himself the
value of the reputation which the other
has acquired for the products or
merchandise manufactured or sold by
him
4. The true test of unfair competition is
whether certain goods have clothed
with an appearance which is likely to
deceive ordinary purchaser exercising
ordinary care, and not whether a
certain limited class of purchaser with
special knowledge not possessed by the
ordinary purchaser could avoid mistake
by the exercise of this special
knowledge
38
 service mark
Smuggling or Illegal Importation:
- requisites:
1. that the merchandise must have been
fraudulently or knowingly imported contrary to
law
2. that the defendant, if he is not the importer
himself, must have received, concealed, bought,
sold or in any manner facilitated the
transportation, concealment or sale of the
merchandise
3. that the defendant must be shown to have
knowledge that the merchandise had been
illegally imported
190 – 194 Repealed by Dangerous Drugs Act of 1972
195 – 199 Amended by PD 1602 Prescribing Stiffer Penalties
in Illegal Gambling
196 Acts Punished:
Importati 1. By importing into the Philippines from any
on, sale foreign place or port any lottery ticket or
and advertisement
Possessio 2. By selling or distributing the name in connivance
n of with the importer
Lottery 3. By possessing, knowingly and with intent to use,
Tickets lottery tickets or advertisements
or Ads 4. By selling or distributing the same without
connivance with the importer
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5. Master is liable for acts of servant
6. Infringement of Trademark or
Tradename distinguished from Unfair
Competition
a. UC is broader and more inclusive
b. In UC, the offended party has
identified in the mind of the public
the goods he manufactures or deals
in from those of others; while in
infringement, the offended party has
identified a peculiar symbol/mark
with his goods and thereby has
acquired a property right in such
symbol/mark
c. In UC, the offender gives his goods
the general appearance of the goods
of another manufacturer / dealer
and sells the same; while in
infringement, the offender uses the
trademark or tradename of another
manufacturer or dealer and sells his
goods on which the trademark is
affixed
7. The use of duly stamped or marked
containers is regulated
A Mayor in 1. The possession of any lottery ticket or
maximum to advertisement is prima facie evidence
PC in of an intent to sell, distribute or use of
minimum or a the same
fine ranging 2. If the defendant can establish that he
from P200 to did not know of the existence of the
P2,000, or lottery ticket, the presumption is
both – destroyed
importation 3. It is not necessary that the lottery
or selling and tickets be genuine, as it is enough that
39
 distributing they be given the appearance of lottery
A Menor or tickets
fine not 4. If the lottery tickets are counterfeit,
exceeding they cannot give rise to the evil sought
P2,000 or to be eradicated
both –
possessing
197 Repealed by PD 483 Betting, Game-Fixing or Point-
Shaving and Machinations in Sport Contests
198 Acts Punishable: A Menor or 1. Totalizer – machine for registering and
Illegal 1. By betting on horse races during the periods fine not indicating the number and nature of
Betting NOT allowed by law exceeding bets made on horse races
on Horse P200, or both 2. Horse Races Prohibited on:
Races 4. By maintaining or employing a totalizer or other A Mayor or a a. July 4th of every year
device or scheme for betting on races or fine from b. December 30th of every year
realizing profit therefrom, during the periods not P200 to c. Any registration or voting days
allowed by law P2,000, or d. Holy Thursday and Good Friday
both 2. The race held on the same day and at
the same place is punishable as
separate offenses
3. There is no liability if there is no
betting or use of totalizer
199 Amended by PD 449 Cockfighting Law of 1974 A Menor or a 1. Permitting gambling of any kind in
Illegal Persons Liable: fine not cockpit is punished under the same
Cockfight 1. Any person who directly or indirectly exceeding Decree
ing participates in cockfighting, by betting money or P200 or both 2. Spectators in a cockfight are not liable
other valuable things, or who organizes
cockfights at which bets are made, on a day
other than those permitted by law
2. Any person who directly or indirectly
participates in cockfights, by betting money or
other valuable things, or organizes such
cockfights, at a place other than a licensed
cockpit
200 1. That the offender performs an act(s) A Mayor and 1. Decency – propriety of conduct; proper
Grave 2. That such act(s) be highly scandalous as Public observance of the requirements of
Scandal offending against decency or good customs Censure modesty, good taste, etc.
3. That the highly scandalous conduct is not 2. Customs – established usage, social
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 expressly falling within any other article of this
Code
4. That the act or acts complained of be committed
in a public place or within the public knowledge
or view
Grave Scandal – consists of acts which are
offensive to decency and good customs which,
having been committed publicly, have given rise to
public scandal to persons who have accidentally
witnessed the same
201 Publicity is essential
Immoral
Doctrines Moral – conformity with the generally accepted
, Obscene standards of goodness or rightness in conduct or
Publicati character
ons and Obscene – something offensive to chastity, decency,
Exhibitio delicacy
ns, and
Indecent Those Liable:
Shows 1. Those who shall publicly expound or proclaim
doctrines openly contrary to public morals
2. Authors of obscene literature, published with
their knowledge in any form, the editors
publishing such literature; and the
owners/operators of the establishment selling
the same
3. Thos who, in theaters, fairs, cinematographs,
etc., exhibit indecent or immoral plays, scenes,
acts, etc. it being understood that the obscene
literature or indecent or immoral lays, etc.
whether in live or in file, which are proscribed by
virtue hereof
4. Those who shall sell, give away, or exhibit films,
prints, engravings, sculptors, etc. which are
offensive to morals
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conventions carried on by tradition and
enforced by social disapproval of any
violation thereof
3. If the act(s) of the offender are
punished under another article of this
code, Article 200 is not applicable
4. The acts must be performed in a public
place or within the public knowledge or
view
PM or a fine 1. The author of obscene literature is
ranging from liable only when it is published with his
P6,000 to knowledge
P12,000 or 2. In every case, the editor publishing is
both liable
3. The test of obscenity is whether the
tendency of the matter charged as
obscene is to deprave or corrupt those
minds are open to such immoral
influences, an d into who shads such a
publication may fall and also whether
or not such publication or act shocks
the ordinary and common sense of men
as an indecency
4. Mere nudity in pictures or paintings is
not an obscenity
5. “Give Away” should be read as
“distribute”
6. Pictures with slight degree of obscenity
not used for art’s sake but for
commercial purposes, fall under this
Article
7. The object of the law is to protect the
morals of the public
8. Disposition of articles – to be forfeited
in favor of the government
41
 202 Vagrants: A Menor or a 1. Only par. 1 and 2 requires absence of
Vagrants 1. Any person having no apparent means of fine not visible means of support
and subsistence, who has physical ability to work and exceeding 2. Mendicancy and abetting mendicancy
Prostitut who neglects to apply himself to some lawful P200 are punished
es calling 3. Giving of alms thru organized agencies
2. Any person found loitering about public or semi- In case of operation under the rules and
public buildings or places, or tramping or recidivism, A regulations of the Ministry of Public
wandering about the country or the streets Mayor in Information is not a violation of the
without visible means of support medium to PC Mendicancy Law
3. Any idle or dissolute person who lodges in in minimum 4. Dissolute – lax, unrestrained, immoral
houses of ill-fame; ruffians or pimps and those or a fine from 5. Ruffians – brutal, violent, lawless
who habitually associate with prostitutes P200 to persons
4. Any person who, not being included in the P2,000 or 6. Pimp – one who provides gratification
provision of other articles of this Code, shall be both for the lust of others
found loitering in any inhabited or uninhabited 7. Sexual intercourse is not absolutely
place belonging to another without any lawful or necessary
justifiable purpose
Prostitute – a woman who, for money or profit,
habitually indulge in sexual intercourse or lascivious
conduct

203 1. Taking part in the performance of public 1. The term “public officers” embraces
Who are functions in the Government, or performing in every public servant from the highest
Public said Government or in any of its branches public to the lowest
Officers duties as an employee, agent or subordinate 2. Temporary performance of public
official, of any rank or class; and functions by a laborer makes him a
2. That his authority to take part in the public officer
performance of public functions or to perform
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 public duties must be:
a. by direct provision of the law, or
b. by popular election
c. by appointment by competent authority
204 1. That the offender is a judge; PM and 1. Judgment – final consideration and
Knowingl 2. That he renders a judgment in a case submitted Perpetual determination of a court of competent
y to him for decision Absolute jurisdiction upon the matters submitted
Renderin 3. That the judgment is unjust Disqualificati to it, in an action or proceeding
g Unjust 4. That the judge knows that his judgment is unjust on (PAD) 2. Unjust Judgment – one which is
Judgment contrary to law, or is not supported by
Misfeasance the evidence, or both
- improper performance of some act which 3. An unjust judgment is rendered
might lawfully be done knowingly, when it is made deliberately
and maliciously
Malfeasance 4. Sources of Unjust Judgment:
- performance of an act which ought NOT to be a. Error – no liability for error in good
done faith
b. Ill-will or Revenge
Nonfeasance c. Bribery
- omission of some act which ought to be 5. There must be evidence that the
performed judgment is unjust – it cannot be
presumed
6. Judgment must be contrary to law and
not supported by evidence
7. There must be evidence that the judge
knew that his judgment is unjust
205 1. That the offender is a judge; A Mayor and 1. A manifestly unjust judgment is one so
Renderin 2. that he renders a judgment in a case submitted Temporary manifestly contrary to law, that even a
g to him for decision Special person having a meager knowledge of
Judgment 3. That he judgment is manifestly unjust Disqualificati the law cannot doubt the injustice
Thru 4. That it is due to his inexcusable negligence or on (TSD) 2. Abuse of discretion or mere error of
Negligen ignorance judgment, where there is not proof or
ce even allegation of bad faith, or ill
motive, is not punishable
206 1. That the offender is a judge; A Mayor in 1. Interlocutory Order – issued by court
Renderin 2. That he performs any of the following acts: minimum and between commencement and end of a
g Unjust a. knowingly renders unjust interlocutory order Suspension suit or action and which decides some
or decree; or
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Interlocu b. renders a manifestly unjust interlocutory Suspension point/matter but which, however, is not
tory order or decree thru inexcusable negligence a final decision of matter in issue
Order or ignorance 2. Test in Determining: “Does it leave
something to be done in the trial court
with respect to the merits of the case?”
a. if it does – it is interlocutory
b. if it doesn’t – it is final
207 1. That the offender is a judge PC in 1. Mere delay without is not a felony
Malicious 2. That there is a proceeding in his court minimum under this article
Delay in 3. That he delays the administration of justice 2. Delay is Malicious – the delay is cause
the 4. That the delay is malicious by the judge with deliberate intent to
Admin of inflict damage on either party in the
Justice case
208 Acts Punishable: PC in 1. Negligence – under this article is not
Derelictio 1. By maliciously refraining from institution minimum merely lack of foresight or skill, but
n of Duty prosecution against violators of the law period and neglect of duties of office by
in 2. By maliciously tolerating the commission of suspension maliciously failing to move the
Prosecuti offenses prosecution and punishment of the
on of delinquent
Offenses Elements: 2. Malice is an important element
1. That the offender is a public officer or officer of 3. “Officers of the Law” includes all those
the law who has a duty to cause the prosecution of the prosecution who, by reasons of
of, or to prosecute, offenses the position held by them, are duty-
2. That there is dereliction of the duties of his bound to cause the prosecution
office; that is, knowing the commission of the (includes Chief of Police and barrio
crime, he does not cause the prosecution of the lieutenant)
criminal or knowing that a crime is about to be 4. “Maliciously” signifies deliberate intent
committed, he tolerates its commission 5. Crime committed by the law-violator
must be proved first before the person
charged with dereliction can be made
liable
6. RPC not applicable to revenue officers
209 Acts Punished: In addition to 1. Under first act, there must be DAMAGE
Betrayal 1. By causing damage to his client, either (a) by any proper to his client
of Trust malicious breach of professional duty, (b) by administrativ 2. Under 2nd act, damage is NOT
by an inexcusable negligence or ignorance e action, PC necessary
Attorney 2. By revealing any of the secrets of his client in minimum 3. Under 3rd act, if the client consents to
or learned by him in his professional capacity or a fine the attorney’s taking the defense of the
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Solicitor 3. By undertaking the defense of the opposing ranging P200 other party, there is no crime
party in the same case, without the consent of – P1,000 4. Procurador Judicial – a person who had
his first client, after having undertaken the some practical knowledge of law and
defense of said first client or after having procedure, but not a lawyer, and was
received confidential information from said client permitted to represent a party in a case
before an inferior court
210 Acts Punishable in Direct Bribery: PM in First Element:
Direct 1. By agreeing to perform, or by performing, in medium and 3. Temporary performance of public
Bribery consideration of any offer, promise, gift or maximum and functions is sufficient to constitute a
present – and act constituting a crime, in fine of not person a public officer
connection with the performance of his official less than 4. It is believed that it does not cover a
duties value of gift private individual because the
and not less additional penalty of STD has no
2. By accepting a gift in consideration of the than 3x value practical application
execution of an act which does not constitute a of gift, in
crime, in connection with the performance of his addition to
official duty the penalty Second Element:
correspondin 1. Gift may be received by public officer
3. By agreeing to refrain, or by refraining, from g to crime himself or thru a 3rd person
doing something which is his official duty to do, agreed upon 2. Bribery exists:
in consideration of gift or promise and Special a. when the gift is offered voluntarily by
Temporary a private person
Elements: Disqualificati b. when the gift is solicited by a public
1. That the offender be a public officer within scope on (STD) – if officer and the private person
of Article 203 the same voluntarily delivers it to the public
2. That the offender accepts an offer or a promise crime should officer
or receives a gift or present by himself or thru have been c. when the gift is solicited by a public
another committed officer, as the consideration for his
3. That such offer or promise be accepted, or gift or and if the act refraining from the performance of
present received by the public officer: does not an official duty and the private
a. with a view to committing some crime; or constitute a person
b. in consideration of the execution of an act crime and 3. A promise of gift to a public officer who
which does not constitute a crime, but the act officer accepts such promise is sufficient
must be unjust executed the under 1st paragraph
c. to refrain from doing something which it is act 4. In 2nd paragraph, the gift must be
his official duty to do ACCEPTED
4. That the act which the offender agrees to 5. If the offer is not accepted, only the
perform or which he executes be connected with PC in medium person offering the gift is criminally
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 the performance of his official duties
Prevaricacion (Art. 208) Distinguished from
Bribery:
1. Both are committed by refraining doing
something which pertains to the official duty of
the officer
2. In bribery, the offender refrained from doing his
official duty in consideration of a gift received or
promised; while in crime of prevaricacion this
element is NOT necessary
211 1. That the offender is a public officer
Indirect 2. That he accepts gifts
Bribery 3. That the said gifts are offered to him by reason
of his office
Direct Bribery Distinguished from Indirect
Bribery:
1. In both, the public officer receives a gift
2. In direct bribery, there is an agreement between
the public officer and the giver; in indirect
bribery, usually, no such agreement exists
3. In direct bribery, the offender agrees to perform
or performs an act or refrains from doing
something, because of the gift or promise; in
indirect bribery, in is NOT necessary that the
officer should do any particular act or even
promise to do any act, as it is enough that he
accepts gifts offered to him by reason of his
office
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and fine of liable
not less than 6. The gift must have a value or be
2x value of capable of pecuniary estimation
gift and STD
– if act shall Third Element:
not have been 1. The act which the public officer agrees
accomplished to perform must be connected with the
performance of official duties
2. It is not bribery if the act is in
discharge of a mere moral duty
3. The fact that the act agreed to be
performed is in excess of his power,
jurisdiction, or authority is no defense,
EXCEPT: if act is so foreign to duties of
office as to lack even color of authority
4. In bribery, the gift or present must be
given to the public officer to corrupt
him
A Mayor, 1. The gift is usually given to the public
suspension in officer in anticipation of future favor
minimum and from the public officer
medium and 2. There must be a clear intention on the
public part of the public officer to take the gift
censure so offered and consider the same as his
own property
No attempted 3. Mere physical receipt unaccompanied
or frustrated by any other sign, circumstance or act
indirect to show such acceptance is NOT
bribery sufficient to lead the court to conclude
that the crime of indirect bribery has
been committed
4. People vs. Pamplona (pg. 361) –
considered indirect bribery even if
there was a sort of agreement between
public officer and giver; reason: the
act executed by the accused was NOT
unjust, therefore it cannot be direct
bribery
46
 211-A 1. That the offender is a public officer or entrusted Penalty for
Qualified with law enforcement offense which
Bribery 2. That the offender refrains from arresting or was not
prosecuting an offender who has committed a prosecuted –
crime punishable by RP and/or death first
3. That the offender refrains from arresting or paragraph
prosecuting the offender in consideration of any
promise, gift or present Penalty of
death – if it is
the public
officer who
asks or
demands
such gift or
present
212 1. That the offender offers or promises or gives Same 1. Offender in this article is the giver or
Corruptio gifts or presents to a public officer penalties offeror
n of 2. That the offers or promises are made or the gifts imposed upon 2. The public officer sought to be bribed,
Public or presents given to a public officer, under officer is not criminally liable, unless he
Officials circumstances that will make the public officer corrupted accepts the gift or consents
liable for direct bribery or indirect bribery except 3. Bribery is usually proved by evidence
disqualificatio acquired in entrapment
n and
suspension
213 Acts Punishable as Frauds Against Public Treasury: PC medium to 1. Public officer must act in his official
Frauds 1. By entering into any agreement with any PM minimum, capacity – the public officer must have
Against interested party or speculator or making use of or a fine the duty to deal with any person with
the any other scheme, to defraud the government, in ranging from regard to furnishing supplies, etc.
Public dealing with any person with regard to P200 to 2. The crime of frauds against public
Treasury furnishing supplies, the making of contracts, or P10,000, or treasury is consummated by merely
and the adjustment or settlement of accounts both entering into an agreement with any
Similar relating to property or funds. interested party or speculator or by
Offenses 2. By demanding, directly or indirectly, the payment Provisions of merely making use of any other scheme
of sums different form or larger than those Administrativ to defraud the government
authorized y law, in the collection of taxes, e Code – 3. It is not necessary that the government
licenses, fees, and other imposts. when culprit is actually defrauded by reason of the
3. By failing voluntarily to issue a receipt, as is an officer transaction.
provided by law, for any sum of money collected or employee 4. It is sufficient that the government is
rosie 2002-2003 47
 by him officially, in the collection of taxes, of BIR or actually defrauded by reason of the
licenses, fees, and other imposts BOC transaction.
4. By collecting or receiving, directly or indirectly, 5. Mere demand for larger or different
by way of payment or otherwise, things or amount is sufficient to consummate the
objects of a nature different from that provided crime
by law, in the collection of taxes, licenses, fees, 6. Collecting officer must issue official
and other imposts receipts to be guilty of illegal exactions
7. When there is DECEIT in demanding
Elements of Frauds against Public Treasury: greater fees than those prescribed by
1. That the offender be public officer law, the crime committed is estafa and
2. That he should have taken advantage of his not illegal exaction.
office, that is, he intervened in the transaction in 8. Tax collector need not account for tax
his official capacity collected
3. That he entered into an agreement with any 9. If a tax collector collected a sum larger
interested party or speculator or made use of than that authorized by law and spent
any other scheme with regard to furnishing all of them is guilty of 2 crimes;
supplies, the making of contracts, or the a. Illegal exaction, for demanding a
adjustment or settlement of accounts relating to greater amount
public property or funds b. Malversation, for misappropriating
4. That the accused had intent to defraud the the amount extracted
government 10.Officer or employee of BIR or BOC not
covered by this article
Elements of Illegal Exaction:
1. The offender is a public officer entrusted with
the collection of taxes, licenses, fees and other
imposts
2. He is guilty of acts 2, 3 and 4 (above in Acts
Punishable as Frauds Against Public Treasury)
214 Elements of the Crime: In addition to 1. The public officer must take advantage
Other 1. That the offender is a public officer the penalties of his official position
Frauds 2. That he takes advantage of his official position prescribed in 2. Frauds and Deceits Enumerated in
3. That he commits any of the frauds or deceits the provisions Chapter 6, Title 10, Book 2 of this
enumerated in Articles 315 to 318 of Chapter 6, Code:
Title 10, Book a. Estafa
2 of this b. Other Forms of Swindling
Code, the c. Swindling a Minor
penalty of d. Other Deceits
TSD in 3. The RTC, and not the MTC, has
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 maximum to jurisdiction when this article is
PSD involved, regardless of amount or
penalty involved because the MTC has
not jurisdiction to impose the penalty of
disqualification
215 1. That the offender is an appointive public officer PC minimum 1. The transaction must be one of
Prohibite 2. That he becomes interested, directly or or a fine exchange or speculation
d indirectly, in any transaction of exchange or ranging from 2. It is sufficient that the appointive
Transacti speculation P200 to officer has an interest in any
ons 3. That the transaction takes place within the P1,000, or transaction of exchange or speculation
territory subject to his jurisdiction both 3. Purchasing of stocks or shares in a
4. That he becomes interested in the transaction company is simply an investment and is
during his incumbency not a violation of the article
4. Buying regularly securities for resale is
Example of Appointive Public Officer: speculation
- justices, judges or fiscals, employees engaged in 5. Appointive officer should not devote
the collection and administration of public funds himself to commerce
216 People Liable for Possession of Prohibited A Mayor 1. Actual fraud is not necessary
Possessio Interest: medium 2. Intervention must be by virtue of public
n of 1. Public officer who, directly or indirectly, became period to PC office held
Prohibite interested in any contract or business in which it minimum 3. An officer who intervenes in contract or
d Interest was his official duty to intervene. period, or a transaction which has no connection
by a 2. Experts, arbitrators, and private accountants fine ranging with his office CANNOT commit the
Public who, in like manner, took part in any contract or from P200 to crime defined in Article 218
Officer transaction connected with the estate or P1,000, or
property in the appraisal, distribution or both
adjudication of which they had acted
3. Guardians and executors with respect to the
property belonging to their wards or estate
217 Embezzlement – also called malversation PC in medium 1. The offender in malversation under this
Malversat and maximum article must be a public officer defined
ion of Acts Punishable in Malversation: – if amount in Article 203
Public 1. By appropriating public funds or property does not 2. Nature of the duties of the public
Funds or - includes every attempt to dispose of the same exceed P200 officer, not name of office, is controlling
Property without right 3. Funds or property must be received in
– 2. By taking or misappropriating the same PM minimum official capacity
Presumpt - the funds or property taken need not be and medium – 4. When a public officer had no authority
ion of misappropriated for it to be consummated if amount is to receive the money for the
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Malversat 3. By consenting, or thru abandonment or more than government and upon receipt if the
ion negligence, permitting any other person to take P200 by not same he misappropriated it, the crime
such public funds or property exceeding committed is estafa
- negligence must be positive and clearly P6,000 5. A public officer having only a qualified
shown to be inexcusable, approximating charge of government property without
malice or fraud PM maximum authority to part with physical
4. By being otherwise guilty of the to RT possession of it unless upon order from
misappropriation or malversation of such funds minimum, if his immediate superior, cannot be held
or property amount more liable for malversation (Webster and
than P6,000 Wickersham rulings)
Elements Common to All Acts of Malversation: but less than 6. Webster and Wickersham cases not
1. That the offender be a public officer P12,000 applicable when the accused had
2. That he had the custody or control of funds or authority to receive money pertaining
property by reason of the duties of his office RT medium to the government
3. That those funds or property were public funds and 7. A private person conspiring with an
or property for which he was accountable maximum, if accountable public officer in
4. That he appropriated, took, misappropriated or amount more committing malversation is also guilty
consented or, thru abandonment or negligence, than P12,000 of malversation
permitted another person to take them but less than 8. Government funds include revenue
P22,000 funds and trust funds
9. Private property may be involved in
To be guilty of Malversation, Public officer RT maximum malversation
must have: to RP if 10.The measure of negligence is the
1. The official custody of public funds or property amount standard of care commensurate with
or the duty to collect or receive funds due the exceeds the occasion
government, and P22,000 11.In malversation not committed thru
2. The obligation to account for them to the negligence, lack of criminal intent or
government good faith is a defense
12.Presumption from failure to have duly
forthcoming public funds or property
upon demand: Prima Facie evidence
that he has put such to personal use
13.Presumption may be rebutted
14.The return of the funds is only
mitigation, not exempting circumstance
15.When a shortage is paid by the public
officer from his pocket, he is not liable
for malversation
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 16.Borrowing money to replace funds –
malversation
17.Borrowing money to replace funds –
when missing amount is found in some
unaccustomed place, he is NOT liable
18.Previous demand is not necessary in
malversation in spite of last paragraph
of Article 217
19.A person whose negligence made
possible the commission of
malversation by another can be held
liable as principle by indispensable
cooperation in complex crime of
malversation thru falsification of a
public document by reckless
negligence
20.Damage to the government is NOT
necessary
218 1. That the offender is a public officer, whether in PC in 1. Demand for accounting is not
Failure of the service or separated therefrom minimum, or necessary
Accounta 2. That he must be an accountable officer for public fine ranging 2. Reason why Mere Failure to Render
ble funds or property from P200 to Account is Punishable: performance of
Officer to 3. That he is required by law or regulation to P6,000, or the duty
Render render accounts to the COA, or to a provincial both 3. Misappropriation is not necessary in
Accounts auditor order to be liable under this article
4. That he fails to do so for a period of two months
after such accounts should be rendered
219 1. That the offender is a public officer A Mayor or The act of leaving the country must be
Failure to 2. That he must be an accountable officer for public fine ranging unauthorized or not permitted by law
Render funds or property from P200 to
Accounts 3. That he must have unlawfully left (or be on the P1,000, or
before point of leaving) the Philippines without securing both
Leaving from COA a certificate showing that his accounts
the have been finally settled
Country
220 1. That the offender is a public officer PC minimum 1. The public finds or property must be
Illegal 2. That there is public fund or property under his or a fine appropriated by law or ordinance for a
Use of administration ranging from particular purpose
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 Public 3. That such public fund or property has been ½ to total 2. Illegal Use of Public Funds or Property
Funds or appropriated by law or ordinance value of sum Distinguished from Malversation under
Property 4. That he applies the same to a public use other misapplied, Article 217:
than that for which such fund or property has with TSD – if a. Both crimes – offenders are
been appropriated by law or ordinance damage or accountable public officers
embarrassme b. Illegal Use of Public Funds/Property
nt resulted – offender does not derive any
personal gain or profit;
Fine from 5- Malversation – offender in certain
50% of sum cases profits from proceeds of crime
misapplied – c. Illegal Use – public fund/property is
if no damage applied to another public use;
or Malversation – public fund or
embarrassme property is applied to personal use
nt resulted and benefit of offender or of another
person
221 Acts Punishable: A Mayor and Refusal to make delivery of property must
Failure to 1. By failing to make payment by public officer who fine from 5- be MALICIOUS.
Make is under obligation to make such payment from 25% of sum
Delivery Government funds in his possession he failed to
of Public 2. By refusing to make delivery by a public officer pay
Funds or who had been ordered by competent authority to
Property deliver any property in his custody or under his Under 2nd
administration paragraph,
Fine shall be
Elements of Failure to Make Payment: graduated by
1. That the public officer has government funds in value to
his possession thing,
2. That he is under obligation to make payment provided that
from such funds it shall not be
3. That he fails to make the payment maliciously less than P50
222 Private Individuals Who May be Liable from Provisions of 1. Purpose: to extend the provision of this
Officers Arts. 217-221: this chapter Code on malversation to private
Included 1. Private individuals who, in any capacity shall apply individuals
in the whatever, have charge of any national, provincial 2. Sheriffs and receivers fall under the
Precedin or municipal funds, revenue, or property term “administrator”
g 2. Administrator or depository of funds or property, 3. Judicial administrator is not covered by
Provision attached, seized or deposited by pubic authority, this article
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 s even if such property belongs to a private 4. Private property is included, provided it
individual is attached, seized, or deposited with
public authority
223 1. That the offender is a public officer PC medium 1. Connivance with the prisoner in his
Connivin 2. That he had in his custody or charge, a prisoner, and maximum escape is an indispensable element
g with or either detention prisoner or prisoner by final and TSD 2. Detention Prisoner – person in legal
Consenti judgment maximum to custody, arrested for, and charged with,
ng to 3. That such prisoner escaped from his custody PSD – some crime or public offense
Evasion 4. That he was in connivance with the prisoner in sentenced by 3. Release of detention prisoner who
the latter’s escape final could not be delivered to the judicial
Classes of Prisoners Involved: judgment to authority within the time fixed by law,
1. Fugitive sentenced by final judgment to any any penalty is not infidelity in the custody of the
penalty PC minimum prisoner
2. Fugitive held only as detention prisoner for any and TSD – 4. Leniency or laxity is not infidelity (e.g.
crime or violation of law or municipal ordinance fugitive not prisoner allowed to eat in restaurant
finally near municipal building)
convicted but 5. Relaxation of Imprisonment is
only held as considered infidelity
detention
prisoner
224 1. That the offender is a public officer A Mayor 1. The prisoner is either a convict by a
Evasion 2. That he is charged with the conveyance or maximum to final judgment or detention prisoner
Through custody of a prisoner, either detention prisoner PC minimum 2. What is punished invasion thru
Negligen or prisoner by final judgment and TSD negligence is such a definite laxity as
ce 3. That such prisoner escapes thru his negligence all but amounts to deliberate non-
performance of duty on the part of the
Liability of Escaping Prisoner: guard (e.g. falling asleep, lack of
1. Convict by reason of final judgment – Article 157 adequate precautions)
2. Detention Prisoner – no liability 3. The fact that public officer recaptured
the prisoner does not afford complete
exculpation
225 1. That the offender is a private person Penalty next This article does not apply if a private
Escape of 2. That the conveyance or custody of a prisoner or lower in person was the one who made the arrest
Prisoner person under arrest is confided to him degree than and consented to the escape of the person
under the 3. That the prisoner or person under arrest escapes that he arrested
Custody 4. That the offender consents to the escape of the prescribed
of a prisoner or person under arrest, or that the for the public
Person escape takes place thru his negligence officer
rosie 2002-2003 53
 not a
Public
Officer
226 1. That the offender be a public officer PM and fine 3. Public officer must be officially
Removal, 2. That he abstracts, destroys or conceals not exceeding entrusted with the documents or
Conceal- documents or papers P1,000 – papers
ment or 3. That the said documents or papers should have serious 4. The document must be COMPLETE and
Destructi been entrusted to such public officer by means of damage one by which a right could be
on of his office established or an obligation could be
Documen 4. That damage, whether serious or not, to a third PC minimum extinguished
ts party or to the public interest should have been and medium 5. Books, periodicals, pamphlets, etc. are
caused and fine not not documents
exceeding 6. Papers includes checks, promissory
Acts Punishable in Infidelity in Custody of P1,000 – notes, and paper money
Documents: damage not 7. Post office official who retained the
1. Removing serious mail without forwarding to their
2. Destroying destination is guilty under this article.
3. Concealing, documents or papers officially 8. Money bills received as exhibits in
entrusted in the offending public officer court are papers
9. The removal must be for an illicit
Infidelity in Custody of Document purpose
distinguished from Malversation and 10.The removal is for an illicit purpose
Falsification when intention is to
1. Malversation and Falsification – when a. tamper with it, or
postmaster received money orders, signed as b. to profit by it; or
payee, collected and appropriated the respective c. to commit an act constituting
amounts breach of trust in official care
2. Infidelity in Custody of Papers – when thereof
postmaster receives letters/envelopes containing 11.Deemed consummated upon removal
money orders, and MO are not sent to from or secreting away from usual
addressees, the postmaster cashing the same for place in the office and after offender
his own benefit had gone out and locked the door
12.Infidelity in custody by destroying or
Document – written instrument by which concealing it does not required proof of
something is proved or made of record illicit purpose
13.There must be damage, great or small

rosie 2002-2003 54
 227 1. That the offender is a public officer PC minimum 1. It is the breaking of the seals, not the
Officer 2. That he is charged with the custody of papers or and medium, opening of a closed envelope, which is
Breaking property TSD and fine punished
Seal 3. That these papers or property are sealed by not exceeding 2. Damage or intent to cause damage is
proper authority P2,000 NOT necessary
4. That he breaks the seals or permits them to be
broken
228 1. That offender is a public officer A Mayor, TSD 1. Custody – guarding; keeping safe; care
Opening 2. That any closed papers, documents, or objects and fine not 2. Closed documents must be entrusted to
of Closed are entrusted to his custody exceeding the custody of the accused by reason of
Documen 3. That he opens or permits to be opened said P2,000 his office
ts closed papers, documents or objects 3. The act should not fall under Article
4. That he does not have proper authority 227 (Breaking of Seal)
4. Damage or intent to cause damage
NOT element
229 Elements of No. 1: PC medium 1. Acts Punishable:
Revelatio 1. That the offender is a public officer and a. By revealing any secrets known to
n of 2. That he knows a secret by reason of his official maximum, the offending public officer by
Secrets capacity PSD, and fine reason of his official capacity
by an 3. That he reveals such secret without authority or not exceeding b. By delivering wrongfully papers or
Officer justifiable reasons P2,000 – copies of his papers which he may
4. That damage, great or small, be cause to the serious have charge and which should NOT
public interest damage be published
2. Secrets must affect public interests
Elements of No. 2: PC minimum, 3. Espionage is not contemplated in this
1. That the offender is a public officer TSD, and fine article
2. That he has charge of papers not exceeding 4. This article only punishes minor official
3. That those papers should not be published P500 – not so betrayals, infidelities of little
4. That he delivers those papers or copies thereof serious consequence, affecting usually the
to a 3rd person administration of justice, executive or
5. That the delivery is wrongful official duties, or the general interest of
6. That damage be caused to public interest the public order
5. Offender must have charge of papers or
Revelation Distinguished from Infidelity: copies of papers
1. Papers contain Secrets – revelation 6. Damage is an element under Article
2. Papers do not contain Secrets - Infidelity 229

rosie 2002-2003 55
 230 1. That the offender is a public officer A Mayor and 1. Revelation to one person is sufficient,
Public 2. That he knows of the secrets of a private fine not for public revelation is not required.
Officer individual by reason of his office exceeding 2. When the offender is an attorney at law
Revealing 3. That he reveals such secrets without authority or P1,000 or a solicitor, Article 209 is applicable
Secrets justifiable reason and not 230
of Private 3. Damage to private individuals not
Individua necessary
l
231 1. That the offender is a judicial or executive officer A Mayor The act constitution the crime is the open
Open 2. That there is a judgment, decision or order of a medium to PC refusal to execute judgment, decision or
Disobe- superior authority minimum, order
dience 3. That such judgment, decision or order was made TSD
within the scope of the jurisdiction of the maximum,
superior authority and issued with all legal and fine not
formalities exceeding
4. That the offender without any legal justification P1,000
openly refuses to execute the said judgment,
decision or order, which he is duty bound to obey
232 1. That the offender is a public officer PC minimum 1. Reason for Provision: superior officer
Disobedie 2. That an order is issued by his superior for and medium may sometimes err, or orders may
nce to execution and PSD proceed from a mistaken judgment
Order of 3. That he has for any reason suspended the 2. The article does not apply if the order
Superior execution of such order of the superior is illegal
Officer, 4. That his superior disapproves the suspension of
When the execution of the order
Said 5. That the offender disobeys his superior despite
Order the disapproval of the suspension
was
Suspende
d by
Inferior
Officer
233 1. That the offender is a public officer A Mayor 1. Demand must be from a competent
Refusal 2. That a competent authority demands from the medium to PC authority
of offender that he land his cooperation towards minimum, 2. Damage to public interest is essential,
Assistanc the administration of justice or other public PSD and fine great or small
e service not exceeding

rosie 2002-2003 56
 3. That the offender fails to do so maliciously P1,000 –
serious
damage

A Mayor
medium and
maximum,
fine not
exceeding
P500 – not so
serious
damage
234 1. That the offender is elected by popular election A Mayor or 1. Refusal must be without legal motive
Refusal to public office. fine not 2. Reason for Provision: matter of duty to
to 2. That he refuses to be sworn in or to discharge exceeding discharge duties of said office
Discharg the duties of said office P1,000 or 3. Article 234 NOT applicable to
e Elective 3. That there is no legal motive for such refusal to both appointive officer
Office be sworn in or to discharge the duties of said
office
235 1. That the offender is a public officer or employee PC medium 1. The public officer must have actual
Maltreat- 2. That he has under his charge a prisoner or period to PM charge of the prisoner to hold him
ment of detention prisoner in minimum, liable fro maltreatment of prisoner
Prisoners 3. That he maltreats such prisoner in either of the in addition to 2. Offended party must be a convict or
following manners: liability for detention prisoner
a. by overdoing himself in the correction or physical 3. To be detention prisoner, the person
handling of a prisoner or detention prisoner injuries or arrested must be placed in jail even for
under his charge either – damages a short while
i. by the imposition of punishments not caused under 4. The maltreatment must relate to the
authorized by the regulations, or paragraph 1 correction or handling of the prisoner,
ii. by inflicting such punishments (those or must be for the purpose of extorting
authorized) in a cruel and humiliating a confession or of obtaining some
manner information from the prisoner

rosie 2002-2003 57
 b. By maltreating such prisoner to extort a PM in 5. If physical injuries were due to a
confession or to obtain some information from minimum, personal grudge, it would not fall under
the prisoner TSD and fine this article
not exceeding 6. Offender may also be liable for physical
P6,000, in injuries or damage caused
addition to 7. No complex crime of maltreatment with
liability for serious or less serious physical injuries
physical
injuries or
damage
caused
236 1. That the offender is entitled to hold a public Suspended
Anticipati office or employment, either by election or until
on of appointment complied with
Duties of 2. That the LAW requires that he should first be formalities
Public sworn in and/or should first give a bond and fine from
Office 3. He assumes performance of duties and powers of P200-P500
such office
4. That he has not taken his oath and/or given bond
required
237 1. That the offender is holding a public office PC minimum, Public officer who has been suspended,
Prolongin 2. That the period provided by law, regulations or TSD separated, declared overaged, or
g special provisions for holding such office, has minimum, dismissed cannot continue to perform the
Performa already expired and fine not duties of his office
nce of 3. That he continues to exercise the duties and exceeding
Duties powers of such office P500
and
Powers
238 1. That the offender is a public officer A Mayor – to 1. There must be a written or formal
Abandon 2. That he formally resigns from his position detriment of resignation
ment of 3. That his resignation has not yet been accepted public service 2. Abandonment Distinguished from
Office or 4. That he abandons his office to the detriment of Negligence in Prosecution of Offenses
Position the public service PC minimum (Article 208):
and medium, a. Abandonment – committed by any
Qualifying Circumstance: and A Mayor public officer; Article 208 –
- preventing, prosecuting or punishing any of the – if to evade committed by public officers who
crimes falling within Title One, and Chapter One duty of have the duty to institute
of Title 3 of Book 2 (Crimes against National preventing, prosecution for punishment of
rosie 2002-2003 58
 Security and Law of Nations and Crimes against prosecuting violation of the law
Public Order) or punishing b. Abandonment – public officer
abandons office to evade discharge
of duties; Article 208 – public officer
does not abandon office
239 1. That the offender is a executive or judicial officer PC minimum,
Usurpatio 2. That he makes general rules or regulations TSD, and fine
n of beyond the scope of his authority, or attempts to not exceeding
Legislativ repeal a law, or suspends the execution thereof P1,000
e Powers
240 1. That the offender is a judge A Mayor in Legislative officers are not liable for
Usurpatio 2. That he assumes a power pertaining to the medium usurpation of powers – only Article 177
n of executive authorities, or obstructs the executive period to PC (Usurpation of authority or official
Executive authorities in the lawful exercise of their powers in minimum functions)
Functions period
241 1. That the offender is an officer of the executive A Mayor Articles 239-241 punish interference by
Usurpatio branch of the government medium to PC officers of one of the 3 departments of
n of 2. That he assumes judicial powers, or obstructs minimum government with function of officers of
Judicial the execution of any order or decision rendered another department
Functions by any judge within his jurisdiction
242 1. That the offender is a public officer A Mayor and
Disobeyin 2. That a proceeding is pending before such public fine not
g officer exceeding
Request 3. That there is a question brought before the P500
for proper authority regarding his jurisdiction,
Disqualifi which is not yet decided
cation 4. That he has been lawfully required to refrain
from continuing the proceeding
243 1. That the offender is an executive officer A Mayor, and 1. Purpose of the provision is to maintain
Orders or 2. That he addressed any order or suggestion to fine note the independence of the judiciary
Requests any judicial authority exceeding 2. Legislative or judicial officers are not
by 3. That the order or suggestion relates to any case P500 liable under Article 243
Executive or business coming within the exclusive
Officer to jurisdiction of the courts of justice
any
Judicial
Authority

rosie 2002-2003 59
 244 1. That the offender is a public officer
Unlawful 2. That he nominates or appoints a person to a
Appointm public office
ents 3. That such person lacks the legal qualifications
therefore
4. That the offender knows that his nominee or
appointee lacks the qualifications at the time he
made the nomination or appointment
245 1. That the offender is a public officer
Abuses 2. That he solicits or makes immoral or indecent
Against advances to a woman
Chastity 3. That such woman must be:
a. Interested in matters pending before the
offender for decision, or with respect to which
he is required to submit a report to or consult
with a superior officer; or
b. Under the custody of the offender who is a
warden or other public officer directly
charged with the care and custody of
prisoners or persons under arrest; or
c. The wife, daughter, sister or relative within
the same degree by affinity of the person in
the custody of the offender
246 1. That a person is killed
Parricide 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 descendent,
or the legitimate spouse, of the accused
Note:
1. Other ascendants or descendants must be
legitimate
2. Father, mother, or child may be legitimate or
illegitimate
rosie 2002-2003
A Mayor and 1. The offense is committed by
a fine not nominating or by appointing.
exceeding 2. Recommending is not a crime
P1,000 3. There must be law that provides for the
qualifications or a person to be
nominated or appointed to a public
office
PC medium 1. Solicit – propose earnestly and
and maximum persistently something unchaste and
and TSD immoral to a woman
2. The advances must be immoral or
indecent
3. The crime is consummated by mere
proposal
4. Proof of solicitation is not necessary
when there is sexual intercourse
RP to Death 1. Relationship of the offender with the
victim is the essential element of this
crime
2. Parents and children are not included
in the term “ascendants” or
“descendants”
3. The child should not be less than 3
days old, otherwise the crime is
infanticide
4. Spouse must be legitimate
5. Relationship must be alleged
6. There is crime of parricide thru
reckless imprudence
7. There is also parricide by mistake
8. A stranger who cooperates in parricide
60
 will not be guilty of parricide by only
homicide or murder
247 1. That a legally married person or a parent * Note: 1. Required to be a legally married person
Death or surprises his spouse or his daughter, the latter This article 2. The article does not seem to require
Physical under 18 years of age and living with him, in the does not that the parent be legitimate, it
Injuries act of committing sexual intercourse with define and requires only that she is under 18 and
Inflicted another person penalize a that she is living with her parents
Under 2. That he or she kills any or both, of them or penalty 3. The article does not seem to apply to a
Exception inflicts upon any or both of them any serious married daughter
al physical injury in the act or immediately Destierro – if 4. Surprising the spouse or daughter in
Circum- thereafter accused ACT of sexual intercourse in
stances 3. That he has not promoted or facilitated the killed or indispensable
prostitution of his wife or daughter, or that he or inflicted 5. This article is not applicable when the
she had not consented to the infidelity of the serious accused did not see his spouse in the
other spouse physical act of sexual intercourse with another
injuries on person
Surprise – to come upon suddenly and spouse or 6. It is enough however that the
unexpectedly other person circumstances show reasonably that
the carnal act is being committed or
Cases when Parricide is not punished with RP Exempt from has just been committed
to Death: punishment – 7. There is conflict of opinion on whether
1. Parricide committed through negligence (Article if inflicted “sexual intercourse” includes
365) physical preparatory acts
2. When it is committed by mistake (Article 249) injuries of 8. The killing or inflicting of injuries must
3. When it is committed under exceptional any kind be: (a) in the act of sexual intercourse,
circumstances (Article 247) or (2) immediately thereafter
Destierro is 9. The discovery, the escape, the pursuit
* Note: intended to and the killing must all form part of one
- Justification for this article: burst of passion protect continuous act
spouse from 10.The killing must be the direct by-
reprisals by product of the accused’s rage
relatives of 11.The killing of the spouse by accused
deceased must be by reason of having surprised
spouse her in the act of sexual intercourse
with another person
12.Article 247 applies only when spouse
surprises other spouse in flagrant

rosie 2002-2003 61

248 1. That a person was killed
Murder 2. That the accused killed him
3. That the killing was attended by any of the
qualifying circumstances mentioned in Article
248
4. The killing is not parricide or infanticide
Murder – unlawful killing of any person which is
NOT parricide or infanticide, provided the following
circumstances are present:
1. With treachery, taking advantage of superior
strength, with the aid of armed men, or
employing means to weaken the defense, or of
means or persons to insure or afford impunity
2. In consideration of a price, reward or promise
3. By means of inundation, fire, poison, explosion,
shipwreck, stranding of vessel, derailment or
assault upon a railroad, fall of an airship, by
means of motor vehicles, or with the use of any
other means involving great waste and ruin
4. On occasion of any of the calamities enumerated
in the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone, great
waste and ruin
5. With evident premeditation
6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
outraging or scoffing at his person or corpse
*Note: read discussion in Article 13 on Aggravating
Circumstances
rosie 2002-2003
adultery
13.No criminal liability if physical injuries
are less serious or slight
14.Accused cannot be held liable for
injuries sustained by 3rd persons as a
result thereof, since he was NOT
committing a felony
RP to Death 1. The offender must have intent to kill to
be liable for murder committed by
means of fire, or other means
enumerated in par. 3 of Article 248
2. Killing a person with treachery is
murder even if there is no intent to kill
3. Rules for application of the
circumstances which qualify the killing
to murder:
a. Murder will exist with only one of
the circumstances described in
Article 248
b. When the other circumstances are
absorbed or included in one
qualifying circumstance, they
cannot be considered as generic
aggravating
c. Any of the qualifying circumstances
enumerated in Article 248 must be
ALLEGED in the information
4. Treachery and premeditation are
inherent in murder by poison
5. When the intention of accused was
merely to sexually excite a woman, and
not to kill her, the crime is homicide
6. Outraging – commit an extremely
vicious or deeply insulting act
7. Scoffing – jeer, and implies a showing
of irreverence
62
 249 1. That a person is killed
Homicide 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
Homicide – unlawful killing of any person, which is
neither parricide, murder nor infanticide
Accidental Homicide – death of a person brought
about by a lawful act performed with proper care
and skill, and without homicidal intent
Corpus Delicti – actual commission of the crime
charged; means that the crime was actually
perpetrated, and does not refer to the body of the
murdered person
250 Frustrated Parricide, Murder or Homicide -
Penalty Penalty lower by one degree than that which should
be imposed under provisions of Article 50
Attempted Parricide, Murder or Homicide –
Penalty lower by one under provisions of Article 51
251 1. That there be several persons
Death 2. That they did not compose groups organized for
Caused in the common purpose of assaulting and attacking
Tumultuo each other reciprocally
us Affray 3. That there several persons quarreled and
assaulted one another in a confused and
tumultuous manner
rosie 2002-2003
RT 1. Penalty for homicide will be one degree
higher when the victim is under 12
years of age
2. Intent to kill is conclusively presumed
when death results
3. Evidence of intent to kill is important
only in attempted or frustrated
homicide
4. Intent to kill must be proven beyond
reasonable doubt
5. That the death of the deceased was due
to his refusal to be operated on is NOT
a defense
6. The killing must not be justified
7. No offense of frustrated homicide thru
imprudence
8. Where the wounds that caused death
were inflicted by 2 different persons,
even if they were not in conspiracy,
each of them is guilty of homicide
9.
1. This article is permissive, not
mandatory
2. Court may impose penalty 2 degrees
lower for frustrated parricide, murder
or homicide
3. Court may impose penalty 3 degrees
lower for attempted parricide, murder
or homicide
4. An attempt against the life of the Chief
Executive, etc. is punishable by death
PM – in case 1. When there are two identified groups
of death of of men who assaulted each other, then
victim, there is no tumultuous affray
though it 2. The person killed in the course of the
cannot be affray need not be one of the
ascertained participants in the affray
who killed 3. If the one who inflicted the fatal wound
63
 4. That someone was killed in the course of the him, if person is know, the crime is NOT homicide in
affray who inflicted tumultuous affray but HOMICIDE
5. That it cannot be ascertained who actually killed serious under Article 249 against the one who
the deceased physical inflicted the fatal wound
6. That the person or persons who inflicted serious injuries can 4. The serious physical injuries, if inflicted
physical injuries or who used violence can be be identified by one of the participants, should not
identified be the cause of the death of the
PC in medium deceased
Tumultuous Affray – the disturbance is caused by and maximum
more than three persons who are armed or are – all those
provided with means of violence who used
violence upon
Persons Liable for Death in Tumultuous Affray: victim
1. Person(s) who inflicted the serious physical
injuries
2. If it is not known who inflicted the serious
physical injuries on the deceased, all the persons
who used violence upon the person of the victim
are liable, but with lesser liability
252 1. That there is a tumultuous affray as referred to 1st paragraph 1. Victim must be one or some of the
Physical in the preceding article – Penalty next participants in the affray
Injuries 2. That a participant(s) thereof suffer serious lower in 2. Only the one who used violence in
Caused in physical injuries or physical injuries of a less degree than liable
Tumultuo serious nature only that provided 3. The 2nd paragraph seems to refer to
us Affray 3. That the person responsible therefore cannot be for the less serious physical injuries
identified physical 4. It is believed that in providing the
4. That all those who appear to have used violence injuries so penalty of Arresto Mayor for physical
upon the person of the offended party are known inflicted injuries of a less serious nature in a
tumultuous affray, the legislature
2nd Paragraph intended to EXCLUDE slight physical
– A Mayor injuries
from 5 to 15
days
253 Acts Punishable as Giving Assistance to PM – any 1. This article does not distinguish and
Giving Suicide: person who does not make any reference to the
Assistanc 1. By assisting another to commit suicide, whether shall assist relation of the offender with the person
e to the suicide is consummated or not another to committing suicide
Suicide 2. By lending his assistance to another to commit commit 2. A person who attempts to commit
rosie 2002-2003 64
 suicide to the extend of doing the killing himself suicide suicide is not criminally liable
3. A pregnant woman who tried to commit
RT – lending suicide by means of poison, but instead
assistance to of dying, the fetus in her womb was
the extent of expelled is NOT liable for abortion
doing the 4. Assistance to suicide is different from
killing himself mercy-killing
5. Euthanasia – practice of painlessly
A Mayor putting to death a person suffering
medium and from some incurable disease
maximum – if 6. Euthanasia is not lending assistance to
suicide is not suicide. In euthanasia, the person
consummated killed does not want to die.
7. A doctor who resorts to mercy killing of
his patient may be liable for suicide
254 1. That the offender discharges a firearm against or PC minimum 1. There must be no intention to kill
Discharg at another person and medium – 2. The purpose of offender is only to
e of 2. That the offender has no intention to kill that any person intimidate or frighten the offended
Firearms person who shall party
shoot at 3. If the firearm is NOT discharged at a
another person, there is no crime of discharge
firearm of firearm
unless 4. Discharge towards the house of victim
frustrated or is not illegal discharge of victim
attempted 5. Firing a gun against the house of the
parricide, offended party at random, not knowing
murder or in what part of the house the people
homicide, or inside were, is only crime of Alarm
any other 6. Complex crime of illegal discharge of
crime for firearm with serious or less serious
which a physical injuries – when in illegal
higher discharge of firearm, the offended
penalty is party is hit and wounded
prescribed by 7. There is no complex crime when only
articles of slight physical injuries (light felony) are
this code inflicted
8. A public officer who fires his revolver in
the air in order to capture some
rosie 2002-2003 65
 gamblers and to prevent them from
escaping is NOT guilty of this crime
255 1. That a child was killed Penalty 1. The penalty is for parricide or murder,
Infanticid 2. That the deceased child was less than 3 days (72 provided for but the name of the crime is always
e hours) of age parricide infanticide
3. That the accused killed the said child (Art. 246) and a. Father or mother or legitimate
Murder (Art. ascendant who kills child of less
Infanticide – killing of any child less than three 248) than 3 days old to suffer penalty of
days of age, whether the killer is the parent or parricide
grandparent, any other relative of the child, or a PM medium b. Other persons who kills a child less
stranger and maximum than 3 days old to suffer the penalty
– if for murder
committed by 2. Concealing dishonor is not an element
the mother of of infanticide; it merely mitigates the
child for liability of mother or maternal
purposes of grandparents
concealing 3. Reason for mitigating circumstance:
dishonor obfuscation for fear of dishonor
4. Delinquent mother who claim
RT – if crime concealing dishonor must be of good
committed for reputation
same purpose 5. No crime of infanticide is committed
by maternal where the child was born dead, or
grandparents although born alive, it could not sustain
or either of an independent life when it was killed
them 6. A fetus about 6 months old cannot
subsist by itself, outside the maternal
womb
256 Ways of Committing Intentional Abortion: RT – if he 1. Persons Liable for Intentional Abortion
Intention 1. By using any violence upon the person of the shall use any a. Person who intentionally caused
al pregnant woman violence upon abortion – under Article 256
Abortion 2. By acting, but without using violence, without the person of b. Woman, if she consented – under
the consent of the woman (by administering the pregnant Art. 258
drugs or beverages upon such pregnant woman woman c. Woman, if she did not consent –
without her consent) NOT liable
3. By acting (by administering drugs or beverages), PM – if, 2. Abortion distinguished from Infanticide
with the consent of the pregnant woman without using a. Infanticide – if fetus can sustain an

rosie 2002-2003 66
 violence, he independent life after its separation
shall act from the maternal womb, and is
Elements: without the killed
1. That there is a pregnant woman consent of b. Abortion – otherwise
2. That violence is exerted, or drugs or beverages the woman
administered, or that the accused otherwise acts
upon such pregnant woman PC medium
3. That as a result of the use of violence or drugs or and maximum
beverages upon her, or any other act of the – if woman
accused, the fetus dies, either in the womb or shall have
after having been expelled therefrom consented
4. That the abortion is intended
257 1. That there is a pregnant woman PC minimum 1. This crime is committed only by
Unintenti 2. That violence is used upon such pregnant woman and medium violence
onal without intending an abortion 2. The violence must be intentionally
Abortion 3. That the violence is intentionally exerted exerted
4. That as a result of the violence, the fetus dies, 3. There is unintentional abortion thru
either in the womb or after having been expelled imprudence
therefrom 4. There are conflicting decisions on
whether the accused is liable for
* Note: abortion even if he did not know that
- Violence is actual physical force the woman was pregnant
5. There is a complex crime of homicide
with unintentional abortion
6. There is complex crime of parricide
with abortion
7. Article 257 does not apply when there
is no intent to cause abortion and there
is no violence
258 1. That there is a pregnant woman who has PC medium 1. Woman is liable:
Abortion suffered an abortion and maximum a. when she shall practice an abortion
Practiced 2. That the abortion is intended – woman who upon herself
by the 3. That the abortion is caused by: practices b. when she shall consent that any
Woman a. the pregnant woman herself abortion on other person should do so
Herself b. any other person, with her consent herself; 2. Liability of pregnant woman is
or by her c. any of her parents, with her consent, for the parents of mitigated if purpose is to conceal
Parents purpose of concealing her dishonor woman or dishonor
either of 3. No mitigation for parents of pregnant
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 Cases Covered by Article 258: them to woman even if the purpose is to
1. Abortion committed by woman upon herself or conceal conceal dishonor, unlike in infanticide
by any other person with her consent dishonor
2. Abortion by the woman upon herself to conceal
her dishonor PC minimum
3. Abortion by any of the parents of the woman and medium –
with the latter’s consent to conceal her dishonor any woman
who does it to
conceal
dishonor
259 Elements for Physician or Midwife Penalties 1. Penalty for intentional abortion is
Abortion 1. That there is a pregnant woman who has provided for imposed in maximum period on
Practiced suffered an abortion in Article 256 physician or midwife
by a 2. That the abortion is intended in maximum 2. Reason for Maximum penalty: used
Physician 3. That the offender, who must be a physician or period – who knowledge for destruction of human
or midwife, causes, or assists in causing, the takes life, where it should only be used for
Midwife abortion advantage of preservation
and 4. That said physician or midwife takes advantage scientific 3. It is not necessary that the pharmacist
Dispensin of his or her scientific knowledge or skill knowledge or knows that the abortive would be used
g of skill to cause an abortion
Abortives Elements for Pharmacists: 4. What is punished is the act of
1. That the offender is a pharmacist A Mayor and dispensing abortive; it’s not necessary
2. That there is no proper prescription from a a fine not that the abortive be actually used
physician exceeding
3. That the offender dispenses any abortive P1,000 –
pharmacist
260 Acts Punishable in Duel: RT – if he 1. If death results, the penalty is the same
Duel 1. By killing one’s adversary in duel should kill his as that for homicide
2. By inflicting upon such adversary physical adversary 2. General principle: when there is intent
injuries to kill, the inflicting of physical injuries
3. By making a combat although no physical Penalty is either attempted or frustrated
injuries have been inflicted provided homicide
therefore, 3. The code disregards the intent to kill in
Duel – formal or regular combat previously according to considering the penalty for duel when
concerted between two parties in the presence of their nature – only physical injuries are inflicted upon
two or more seconds of lawful age on each side, who in case of the adversary
makes the selection of arms and fix all other physical
conditions of the fight injuries
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 Persons Liable in Duel: A Mayor –
1. The person who killed or inflicted physical combatants,
injuries upon his adversary, or both combatants although no
in any other case, as principles physical
2. The seconds, as accomplices injuries have
been inflicted
261 Acts Punished under this Article: PC minimum Persons Responsible Under this
Challengi 1. By challenging another to a duel Article:
ng to 2. By inciting another to give or accept a challenge 1. Challenger
Duel to a duel 2. Instigator
3. By scoffing at or decrying another publicly for
having refused to accept a challenge to fight a
duel
262 1. By intentionally mutilating another by depriving RT to RP – 1. Mutilation of the first kind is castration
Mutilatio him, either totally or partially, of some essential essential which must be made purposely.
n organ for reproduction organ for 2. The penalty shall be one degree higher
a. That there be castration (mutilation of organs reproduction than that imposed by law when the
necessary for generation such as a penis or victim is under 12 years of age.
ovarium) PM medium 3. The offender must have the intention to
b. That the mutilation is caused purposely or and maximum deprive the offended party of a part of
deliberately, that is, to deprive the offended – other his body.
party of some essential organ for mutilation 4. Mutilation – lopping or clipping off of
reproduction some part of the body
2. By intentionally making other mutilation, that is, 5. Mayhem – other intentional mutilation
by lopping or clipping off any part of the body of
the offended party, other than the essential
organ for reproduction, to deprive him of that
part of his body.
263 Serious Physical Injuries: PM – under 1. Committed by wounding, beating,
Serious 1. When the injured person becomes insane, no. 1 assaulting or administering injurious
Physical imbecile, impotent or blind in consequence of the substance
Injuries physical injuries inflicted. PC medium 2. May be committed by reckless
2. When the injured person (a) loses the use of and maximum imprudence, or by simple imprudence
speech or the power to hear or to smell, or loses – under no. 2 or negligence.
an eye, a hand, a foot, an arm, or a leg, or (b) 3. There must not be intent to kill
loses the use of any such member, or (c) PC minimum 4. Blindness (Must be Complete) and Loss
becomes incapacitated for the work in which we and medium – of an Eye
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 were theretofore habitually engaged, in
consequence of the physical injuries inflicted.
3. When the person injured (a) becomes deformed,
or (b) loses any other member of his body, or (c)
loses the use thereof, or (d) becomes ill or
incapacitated for the performance of the work in
which he was habitually engaged for more than
90 days, in consequence of the physical injuries
inflicted.
4. When the injured person becomes ill or
incapacitated for labor for more than 30 days
(but must not be more than 90 days), as a result
of the physical injuries inflicted.
Classes of Serious physical injuries: (a)
consequences of the injuries inflicted, (b) nature
and character of the wound inflicted, and (c) the
proper penalty
Physical Injuries Distinguished from Attempted
or Frustrated Homicide:
a. In both, the offender inflicts physical injuries,
however homicide may be committed, even if
no physical injuries are inflicted
b. There is no intent to kill in physical injuries
Ordinary Physical Injuries Distinguished from
Mutilation:
1. Mutilation – must have been caused purposely
and deliberately
2. Physical Injuries – this intention is not present
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under no. 3 a. Paragraph 1 – must be both eyes
b. Paragraph 2 – one eye only
A Mayor 5. Loss of Power to Hear
maximum to a. Paragraph 2 – both ears
PC minimum b. Paragraph 3 – one ear only
– under no. 4 6. Loss of hand or incapacity of usual
work must be permanent
7. Paragraph 2 refers to principal
members of the body, while Paragraph
3 covers any other member which is
not principal member of body
8. Deformity requires (a) physical
ugliness, (b) permanent and definite
abnormality, and (c) conspicuous and
visible.
9. Deformity by loss of teeth refers to
injury which cannot be repaired by
action of nature
10.There is illness for a certain period of
time, when the wound inflicted did not
heal within that period
11.Medical attendance is not important in
serious physical injuries
12.In Par 2 and 3, offended party must
have an avocation or work at the time
of the injury
13.Par 4 speaks of incapacity for any kind
of labor
14.Where the category of the offense of
serious physical injuries depends on
the period of illness or incapacity for
labor, there must be evidence of the
length of that period; otherwise the
offense is only slight physical injuries
15.Lessening of efficiency is not incapacity
16.Serious physical injuries by excessive
chastisement by parents is not
qualified.
70
 264 1. That the offender inflicted upon another any Penalties 1. Knowingly administering is an essential
Adminis- serious physical injury established element
tering 2. That it was done by knowingly administering to by the next 2. Administering injurious substance
Injurious him any injurious substance or beverages or by preceding means introducing into the body the
Substanc taking advantage of his weakness of mine or article substance
es or credulity 3. This article does not apply when the
Beverage 3. That he had no intent to kill physical injuries that result are less
s serious or slight
4. Taking advantage of weakness or
credulity may take place in case of
witchcraft, philters, magnetism, etc.
265 Qualified Less Serious Physical Injuries Fine not 1. Matters to Note:
Less 1. Paragraph 2: exceeding a. That the offended party is
Serious a. there is manifest intent to insult or offend the P500 in incapacitated for labor for 10 days
Physical injured person addition to A or more (but not more than 30), or
Injuries b. there are circumstances adding ignominy to Mayor – 2nd needs medial attendance for same
the offense paragraph period of time
2. Paragraph 3: b. That the physical injuries must not
a. the offender’s parents, ascendants, PC in be those described in the preceding
guardians, curators or teachers minimum and articles
b. persons of rank or persons in authority, medium – 2. Medical attendance or incapacity is
provided the crime is not direct assault paragraph 3 required
3. It is only slight physical injury when
there is no medical attendance or
incapacity for labor
4. Actual medical attendance is required
266 Kinds of Slight Physical Injuries: A Menor – 1. When there is no evidence of actual
Slight 1. Physical injuries which incapacitated the par 1 injury, it is only slight physical injuries
Physical offended party for labor from 1 to 9 days, or A Menor or 2. Example of paragraph 3 is slapping the
Injuries required medical attendance during the same fine not face of offended party
and period exceeding
Maltreat- 2. Physical injuries which did not prevent the P200 – par 2
ment offended party from engaging in his habitual A Menor
work or which did not require medical minimum or
attendance fine not

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 3. Ill-treatment of another by deed without causing exceeding
any injury P50 - par 3
266-A Paragraph 1: Rape 1. Offender may now be a male or female.
Rape 1. Offender is a man committed 2. In rape under par. 1, there must be
2. Offender had carnal knowledge of a woman under any of sexual intercourse
266-B 3. Such act is accomplished under any of the ff the 4 3. Penetration, even partial, is necessary
Penalties circumstance: Circumstance 4. Only one of the four circumstances is
a. by using force or intimidation; or s: necessary
b. when the woman is deprived of reason or a. Par. 1 – RP 5. Force need not be irresistible, but it
otherwise unconscious; or b. Par. 2 – should be present and brings the
c. by means of fraudulent machination or grave PM desired results
abuse of authority; or 6. Force employed need not be of such
d. when the woman is under 12 years of age or Rape character as could be resisted
demented committed 7. Intimidation includes the moral kind,
with use of such as the fear caused by threatening
Paragraph 2: deadly 8. When the offender has ascendancy or
1. Offender commits an act of sexual assault weapon or by influence over victim, it is not
2. That the act of sexual assault is committed by 2 or more necessary that she put up a determined
any of the following means: persons: resistance
a. by inserting his penis into another person’s a. Par. 1 – RP 9. Rape may be proved by the
mouth or anal orifice; or to death uncorroborated testimony of the
b. by inserting any instrument or object into the b. Par. 2 – offended
genital or anal orifice of another person PM to RT 10.Deprivation of reason contemplated by
3. That the sexual act is accomplished under the law need not be complete
circumstances mentioned in paragraph 1 Rape where 11.Stages of Rape:
victim a. Consummated – enough that there
Qualifying Circumstances: becomes was penetration, even partial/slight
1. When by reason or on occasion of the rape, a insane: b. Frustrated – none
homicide is committed a. Par. 1 – RP c. Attempted – intent on the part of
2. When victim is under 18 and offender is parent, to death accused to have carnal knowledge
ascendant, stepparent, guardian, relative by b. Par. 2 – RT of woman
consanguinity or affinity within 3rd civil degree, 12.Resignation to consummated act is
or common-law spouse of the parent of victim Attempted NOT consent
3. When the victim is under the custody of the Rape and 13.Character of offended woman
police or military authorities or any law Homicide: immaterial in rape
enforcement or penal institution a. Par. 1 – RP 14.There is a crime of multiple rape by 2
4. When the rape is committed in full view of the to death or more offenders

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 husband, parent, any of the children or other b. Par. 2 – RT 15.Rape is punished by death when any of
relatives within the 3rd civil degree of to RP the qualifying circumstances are
consanguinity present
5. When the victim is a religious engaged in Rape with 16.Rape with homicide is a special
legitimate religious vocation or calling and is Homicide: complex crime
personally known to be such by the offender a. Par. 1 – 17.When homicide is committed NOT by
before or at the time of the commission of the death reason or on the occasion of the rape,
crime b. Par. 2 – RP such as while the woman was dying,
6. When the victim is a child below 7 years of age. the accused had carnal intercourse
7. When the offender knows that he is afflicted with Rape with with her, it may be considered as
HIV/AIDS or any other sexually transmissible Aggravating ignominy.
disease and the virus or disease is transmitted to Circumstance 18.Indemnity in Rape – P50,000
the victim. s: 19.Indemnity in Qualified Rape – P75,000
8. When committed by any member of AFP or a. Par. 1 – 20.Indemnity in Rape with Homicide –
paramilitary units thereof or the PNP or any law death P50,000 and P50,000 respectively
enforcement agency or penal institution, when b. Par. 2 - RT (P100,000)
the offender took advantage of his position to 21.Damages in Rape
facilitate the commission of the crime a. Moral Damages – P50,000 without
9. When by reason or on the occasion of the rape, need of proof
the victim has suffered permanent physical b. Exemplary Damages – if one or
mutilation or disability more aggravating circumstances
10.When the offender knew of the pregnancy of the was committed
offended party at the time of the commission of
the crime
11.When the offender knew of the mental disability,
emotional disorder and/or physical handicap of
the offended party at the time of the commission
of the crime
266-C 1. Subsequent valid marriage between the offender 1. Effect of marriage – extinguishes not
Effect of and the offended party shall extinguish the only the penal action, but likewise the
Pardon criminal action or the penalty imposed. penalty that may be imposed
2. In case it is the legal husband who is the 2. Marriage extinguishes the penal action
offender, the subsequent forgiveness by the wife and the penalty only as to the principal
as the offended party shall extinguish the and not to the accomplices and
criminal action or the penalty accessories
3. The crime shall not be extinguished or
the penalty shall not be abated if the
marriage is void ab initio
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 266-D 1. Any physical overt act manifesting resistance
Presumpt against the act of rape in any degree from the
ions offended party; or
2. Where the offended party is so situated as to
render him/her incapable of giving consent
267 1. That the offender is a private individual RP to Death – 1. If the offender is a public officer, the
Kidnappi 2. That he kidnaps or detains another, or in any any of the 4 crime is arbitrary detention
ng and other manner deprives the latter of his liberty circumstance 2. When a victim is a minor and the
Serious 3. That the act of detention or kidnapping must be s accused is one of the parents – A mayor
Illegal illegal or a fine not exceeding P300, or both
Detention 4. That in the commission of the offense, any of the Death – 3. Intention to deprive victim of his liberty
following circumstances are present: purpose of for purpose of extorting ransom is
a. The kidnapping or detention lasts for more extorting essential in crime
than 3 days or; ransom 4. Actual demand for ransom is not
b. It is committed simulating public authority or; necessary
c. Any serious physical injuries are inflicted Maximum 5. The accused is not liable when there is
upon the person kidnapped or detained or penalty – if lack of motive to resort to kidnapping
threats to kill him are made; or victim is 6. Detention or locking up of victim is
d. The person kidnapped or detained is a minor killed or dies, essential, but it is not necessary that it
(except when the accused is any of the or raped or is an inclosure and restraint need not
parents), female or a public officer. subject to be permanent
torture or 7. Detention must be illegal, i.e. when not
Special Complex Crime of Kidnapping with dehumanizing ordered by competent authority or not
Murder – effectively eliminated the distinction acts permitted by law
drawn by courts between those cases where the 8. Deprivation of one’s liberty is essential
killing was purposely sought by the accused, and element
those where the killing of the victim was not 9. Restraint by robbers is not illegal
deliberately resorted to but was merely an detention
afterthought 10.The purpose is immaterial when any of
the 4 circumstances in the first
Illegal Detention Distinguished from Arbitrary paragraph is present
Detention; 11.Where a person is taken from one place
1. Illegal Detention is committed by a private to another solely for the purpose of
individual who unlawfully kidnaps, detains or killing him
otherwise deprives a person of liberty; Arbitrary 12.Ransom – money, price or consideration
Detention is committed by public officer or paid or demanded for redemption of a
employee who detains a person without legal captured persons, a payment that
ground releases from captivity
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 2. Illegal Detention is a crime against personal 13. Conspiracy to extort ransom makes all
liberty and security; Arbitrary Detention is a conspirators liable under the 2nd
crime against the fundamental law of the State paragraph, including those who did not
take any part of the money
268 1. That the offender is a private individual RT – offender 1. Participation of accomplice in
Slight 2. That he kidnaps or detains another, or in any and person furnishing place is raised to that of a
Illegal other manner deprives him of his liberty who real co- principal
Detention 3. That the act of kidnapping or detention is illegal furnished 2. Privileged mitigating circumstance in
4. That the crime is committed without the place for slight illegal detention:
attendance of any of the circumstances perpetration a. Voluntarily releases person so
enumerated in Article 267 of crime kidnapped or detained within 3 days
PM minimum from commencement of detention
and medium b. Without having attained purpose
and a fine not intended
exceeding c. Before the institution of criminal
P700 – proceedings against him
voluntary
release
269 1. That the offender arrests or detains another A Mayor and 1. The offender is any person, whether a
Unlawful person a fine note public officer or a private individual
Arrest 2. That the purpose of the offender is to deliver him exceeding 2. There is no unlawful arrest when the
to the proper authorities P500 arrest is authorized by a warrant issued
3. That the arrest or detention is not authorized by by the court
law or there is no reasonable ground therefore 3. Distinguished from Article 125:
a. Article 126 – detention is for legal
Unlawful arrest distinguished from other grounds; in unlawful arrest –
illegal detention: if the purpose of locking up or detention is illegal
detaining is to deliver to authorities, the crime is b. Article 125 – crime is failing to
unlawful arrest; otherwise, it is other illegal deliver person; in unlawful arrest –
detention crime is making unauthorized arrest
4. Motive of offender is controlling
5. No period of detention is fixed
270 1. That the offender is entrusted with the custody RP 1. This covers all minors, whether under
Kidnappi of a minor person (below 21 years of age) A Mayor or a or over 7 years of age
ng and 2. That he deliberately fails to restore the said fine not 2. What is punished is the deliberate
Failure to minor to his parents or guardians exceeding failure of the custodian of the minor to
Return a P300 or both restore the latter to his parents or
Distinguishing Article 267 and Article 270: – when the guardians
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 Minor 1. In Article 267 – the offender is not entrusted crime is 3. Kidnapping and failure to return a
with custody committed by minor is necessarily included in
2. In Article 270 – the offender is entrusted with father or Kidnapping and Serious Illegal
custody of minor mother Detention
271 1. That a minor is living in the home of his parents PC and a fine 1. The inducement must be actual,
Inducing or guardian or person entrusted with his custody not exceeding committed with criminal intent, and
a Minor 2. That the offender induces said minor to leave P700 – determined by a will to cause damage
to such home offender is 2. The minor should not leave his home on
Abandon any person his own free will
His Home A Mayor or a
fine not
exceeding
P300, or both
– offender is
parent
272 1. That the offender purchases, sells, kidnaps or PM and a fine 1. If the purpose of the offender is to
Slavery detains a human being. not exceeding assign the offended party to some
2. That the purpose of the offender is to enslave P10,000 immoral traffic (prostitution), the
such human being penalty is higher.
Maximum 2. The employment or custody of a minor
Slavery and Kidnapping or Illegal Detention Period – if with the consent of the parent or
Distinguished: purpose is to guardian although against the child’s
a. Slavery – purpose is to enslave victim assign to will cannot be considered to be
b. Kidnapping or Illegal Detention – any other immoral involuntary servitude
purpose traffic
273 1. That the offender retains a minor in his service PC minimum 1. The service of the minor must be
Exploitati 2. That it is against the will of the minor and medium against his will
on of 3. That it is under the pretext of reimbursing and a fine not 2. The existence of indebtedness
Child himself of a debt incurred by an ascendant, exceeding constitutes no legal justification for
Labor guardian or person entrusted with the custody of P500 holding a person and depriving him of
such minor his freedom to live where he wills
274 1. That the offender compels a debtor to work for A Mayor 1. The article specifically provides that
Services him, either as household servant or farm laborer maximum to the debtor is compelled to work as
Rendered 2. That it is against the debtor’s will PC minimum household servant or farm laborer and
Under 3. That the purpose is to require or enforce the not any other work
Compulsi payment of a debt 2. This article, like Article 273, punishes a
on in form of slavery, but Article 274 does

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Payment not distinguish whether the victim is a
minor or not
3. Under this article it is the debtor who
is compelled to work for the offender,
while in Article 273 it is the minor
275 Acts Punishable: A Mayor 1. Paragraph 2 of this article applies only
Abandon 1. Failing to render assistance to any person whom when someone is accidentally injured
ment of offender finds in an uninhabited place wounded by the accused
Persons or in danger of dying when he can render such 2. It is immaterial that the offender did
in Danger assistance without detriment to himself, unless not know that the child is under 7 years
and such omission shall constitute a more serious old
Abandon offense 3. Paragraph 3 applies to one who found a
ment of a. The place is uninhabited lost child
One’s b. The accused found there a person wounded 4. The child under 7 years of age must be
Own or in danger of dying found by the accused in an unsafe
Victim c. The accused can render assistance without place
detriment to himself
d. The accused fails to render assistance
2. Failing to help or render assistance to another
whom the offender has accidentally wounded or
injured
3. Failing to deliver a child, under 7 years of age
whom the offender has found abandoned, to the
authorities or to his family, or by failing to take
him to a safe place
276 1. That the offender has the custody of a child A Mayor and 1. When there is intent to kill this article
Abando- 2. That the child is under 7 years of age a fine not does not apply
ning a 3. That he abandons such child exceeding 2. Intent to kill cannot be presumed from
Minor 4. That he has not intent to kill the child when the P500 the death of a child
latter is abandoned a. Crimes against Persons – intent to
PC medium kill is presumed
Qualifying Circumstances: and maximum b. Crimes against Security – intent to
1. When death of the minor resulted from such – results in kill is not presumed
abandonment, or death of 3. A permanent, conscious and deliberate
2. if the life of the minor was in danger because of minor abandonment is required by this article
the abandonment PC minimum 4. Parents guilty of abandoning their
and medium – children shall be deprived of parental
endanger life authority
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277 Acts Punished:
Abandon- 1. By delivering a minor to a public institution or
ment of other persons without the consent of the one
Minor by who entrusted such minor to the care of the
Person offender or, in the absence of that one, without
Entruste the consent of the proper authorities
d with a. The offender has charge of the
His rearing/education of a minor
Custody; b. He delivers minor to a public institution or
Indiffere other persons
nce of c. The one who entrusted such child to the
Parents offender has not consented to such act; or if
the one who entrusted such child to the
offender is absent, the proper authorities
have not consented to it
2. By neglecting his (offender’s) children by not
giving them the education which their station in
life requires and financial condition permits
a. That the offender is a parent
b. That he neglects his children by not giving
them education
c. That his station in life requires such
education and his financial condition permits
it
278 Acts Punished:
Exploitati 1. By causing any boy or girl under 16 to perform
on of any dangerous feat of balancing, physical
Minors strength or contortion, the offender being any
person
2. By employing children under 16 who are not the
children or descendants of the offender in
exhibitions of acrobat, gymnast, rope walker,
diver, or wild-animal tamer, the offender being
an acrobat, etc. or circus manager or person
engaged in a similar calling
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of minor
A Mayor and 1. Rear – bring to maturity by educating,
a fine not nourishing,
exceeding 2. Only the person charged with “the
P500 rearing or education” of the minor is
liable
3. Article 276 Distinguished from Article
277
a. Article 276 – the custody of the
offender is general; Article 277 – the
custody of the offender is specific
(custody for the rearing or
education of minor)
b. Article 276 – minor is under 7;
Article 277 – minor is under 21 [18]
c. Article 276 – minor is abandoned in
such a way as to deprive him of the
care and protection that his tender
years need; Article 277 – minor is
delivered to a public institution or
other person
4. Failure to give education must be due
to deliberate desire to evade such
obligation
PC in 1. Exploitation of minors distinguished
minimum and from Inducing a minor to abandon his
medium and home
a fine not a. Exploitation of minors – if the
exceeding purpose is to follow any of the
P500 mentioned callings; Inducing Minor
– if there is no such purpose
Maximum b. Exploitation – victim must be under
period – if 16; Inducing minor – minor under
delivery shall 21 [18]
have been 2. Offender shall be deprived of parental
78
 3. By employing any descendant under 12 in made in authority or guardianship
dangerous exhibitions enumerated in the next consideration 3. Exploitation of minors must refer to act
preceding paragraph, the offender being of any price, endangering the life or safety of the
engaged in any of the said callings compensation minor
4. By delivering a child under 16 gratuitously to , or promise 4. Qualifying Circumstance – if delivery is
any person following any of the calling made in consideration of any price,
enumerated in paragraph 2, or to any habitual compensation or promise
vagrant or beggar, the offender being an
ascendant, guardian, teacher, or person
entrusted in any capacity with the care of such
child
5. By inducing any child under 16 to abandon the
home of its ascendants, guardians, curators, or
teachers to follow any person engaged in any of
the callings mentioned in paragraph 2 or to
accompany any habitual vagrant or beggar, the
offender being any person
279 The imposition of the penalties prescribed in the
Additiona preceding articles, shall not prevent the imposition
l upon the same person of the penalty provided for
Penalties any other felonies defined and punished by this
Code.
280 1. That the offender is a private person A Mayor and 5. If the offender is a public officer, the
Qualified 2. That he enters the dwelling of another fine note crime would be violation of domicile
Trespass 3. That such entrance is against the latter’s will exceeding 6. Lack of permission does not amount to
to P1,000 prohibition, there must be opposition
Dwelling Exceptions: on the part of the owner of the house to
1. If the entrance to another’s dwelling is made for PC medium the entry of the accused
the purpose of preventing some serious harm to and maximum 7. Prohibition may be implied in certain
himself, the occupants of the dwelling or a 3rd and fine not instances (e.g. considering time, door
person exceeding was closed, etc.)
2. If the purpose is to render some service to P1,000 – 8. Prohibition must be in existence prior
humanity or justice committed by to or at the time of the entrance
3. If the place where entrance is made is a café, means of 9. What is intended to be protected and
tavern, inn, and other public houses, while the violence preserved is the privacy of one’s
same are still open dwelling
10.Violence does not refer to persons only
Qualifying Circumstance – if the offense is 11.Violence or intimidation may take place
rosie 2002-2003 79
 committed by means of violence or intimidation
Dwelling Place – any building or structure
exclusively devoted for rest and comfort
281 1. That the offender enters the closed premises or
Other the fenced estate of another
Forms of 2. That the entrance is made while either of them is
Trespass uninhabited
3. That the prohibition to enter be manifest
4. That the trespasser has not secured the
permission of the owner or the caretaker thereof
282 Acts Punished:
Grave 1. By threatening another with the infliction upon
Threats his person , honor or property or that of his
family of any wrong amounting to a crime and
demanding money or imposing any other
condition, even thought not unlawful, and the
offender attained his purpose
a. That the offender threatens another person
with the infliction upon the latter’s person,
honor or property, or upon that of the latter’s
family, of any wrong
b. That such wrong amounts to a crime
c. That there is a demand for money or that any
other condition is imposed, even though not
rosie 2002-2003
immediately after the entrance
12.Trespass may be committed by owner
of dwelling
13.If there is no overt act to commit
another crime, the crime is only
trespass to dwelling
A Menor or a 1. Premises – distinct and definite locality
fine not 2. Art 281 Distinguished from Trespass to
exceeding Dwelling:
P200, or both a. Trespass – offender is private
person; Other Trespass – any person
b. Trespass – offender enters a
dwelling house; Other Trespass –
enters closed premises or fenced in
estate
c. Trespass – inhabited; Other
Trespass – uninhabited
d. Trespass – against the will of the
owner; Other Trespass – without
securing permission of owner or
caretaker
e. Trespass – prohibition is
express/implied; Other Trespass –
prohibition to enter is manifest
Penalty next 1. Penalty will depend on whether or not
lower in offender attained his purpose; if the
degree than threat is not subject to a condition, the
that penalty is fixed
prescribed by 2. Qualifying Circumstances:
law for the a. Threat made in writing
crime he b. Threat made thru a middleman
threatened to 3. Third form of grave threats must be
commit serious and deliberate
Penalty lower 4. If the threat is made in a heat of anger,
by 2 degrees it is not punished under this article
– if offender 5. If the condition is not proved, it is
did not attain grave threats under sub-paragraph 2
his purpose 6. Essence of the crime of threats is
80
 unlawful intimidation
d. That the offender attains his purpose Maximum 7. The act threatened to be committed
2. By making such threat without the offender Period – if must be wrong
attaining his purpose threat in 8. Grave threats may be committed even
3. By threatening another with the infliction upon writing or if the complainant is absent when
his person, honor or property or that of his thru a challenge is made
family of any wrong amounting to a crime, the middleman 9. Crime of grave threats is consummated
threat not being subject to a condition as soon as the threats come to the
a. That the offender threatens another A Mayor and knowledge of the person threatened
person with the infliction upon the latter’s a fine not 10.Threats made in connection with the
person, honor, or property, or upon the exceeding commission of other crimes are
latter’s family, of any wrong P500 – if no absorbed by the latter.
b. That such wrong amounts to a crime condition 11.The offender in grave threats does not
c. That the threat is not subject to a demand the delivery on the spot of the
condition money or other personal property
asked of him (crime of robbery)
283 1. That the offender makes a threat to commit a A Mayor 1. Light threats are committed in the
Light crime same manner as grave threats, except
Threats 2. That the wrong does not constitute a crime that the act threatened to be
3. That there is a demand for money or that other committed should not be a crime
condition is imposed, even though not lawful 2. Blackmailing may be punishable under
4. That the offender has attained or not attained his this article
purpose
284 Required to Give Bail not to Molest Another: Destierro Compared with Article 35
Bond for 1. When he threatens another under the 1. Art. 35 is a distinct penalty which
Good circumstances mention in Article 282 provides for bond to keep the peace;
Behavior 2. When he threatens another under the this article provides for bond for good
circumstances mention in Article 283 behavior
2. Article 35 not made applicable to any
particular case; this article applicable
only to cases of grave and light threats
3. Failure to give in Article 35 – detained;
this article – destierro
285 1. By threatening another with a weapon, or by A Menor 1. Article 285 compared with Article 282
Other drawing such weapon in a quarrel, unless it be in minimum or a and 283
Light lawful self-defense fine not a. Article 285 Par. 2 is similar to 3rd
Threats a. Threatening to draw a weapon, even if there exceeding form of grave threats because the
is no quarrel P200 harm threatened to be committed is
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 b. Drawing a weapon in a quarrel, which is not a crime
in lawful self-defense b. Article 285 Par. 3 is similar to light
2. By orally threatening another, in the heat of threats, because harm threatened to
anger, with some harm constituting a crime, be committed is not a crime
without persisting in the idea involved in his c. Article 285 – there is no demand for
threat money or condition or threat is not
3. By orally threatening to do another any harm not deliberate
constituting a felony 2. Threats, which ordinarily would be
grave threats, if made in heat of anger,
may fall under this article
3. Light threats may be committed where
the person to whom it is directed is
absent
286 Ways to Commit: PC and a fine 1. What is prevented must not be
Grave 1. By preventing another, by means of violence, not exceeding prohibited by law
Coercion threats or intimidation, from doing something P6,000 2. The act of preventing by force must be
s not prohibited by law made at the time the offended party
2. By compelling another, by means of violence, Penalty next was doing or about to do the act to be
threats or intimidation, to do something against higher in prevented
his will, whether it be right or wrong degree – 3. If the act was already done when
violation of violence is exerted, the crime is unjust
Elements: right of vexation.
1. That a person prevented another from doing suffrage; or 4. Compelling another to do something
something not prohibited by law, or that he committed to includes the offender’s act of doing it
compelled him to do something against his will, compel himself while subjecting another to his
be it right or wrong another to will
2. That the prevention or compulsion be effected by perform any 5. When the complainant is in actual
violence, threats or intimidation religious act; possession of a thing, even if he has not
3. That the person that restrained the will and or committed right to that possession, compelling
liberty of another had not the authority of law or to prevent him by means of violence to give up
the right to do so, or, in other words, that the another from possession, even by owner, is grave
restraint shall not be made under authority of performing coercion
law or in the exercise of lawful right any religious 6. Not intimidation by display of force, if
Coercion Distinguished from Illegal Detention: act arms are not used
- illegal detention requires actual confinement 7. The force or violence must be
or restraint of the person immediate, actual or imminent
8. There is no grave coercion when the
accused acts in good faith in
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 performance of duty
9. Purpose of Law – enforce the principle
that no person may take the law into
his own hands
10.Coercion is consummated even if the
offended party did not accede to the
purpose of the coercion
287 1. That the offender must be a creditor A Mayor in 1. Actual physical violence need not be
Light 2. That he seizes anything belonging to his debtor minimum and employed
Coercion 3. That the seizure of the thing be accomplished by fine 2. Unjust vexation – includes any human
s means of violence or a display of material force equivalent to conduct which, although not productive
producing intimidation value of or some physical or material harm
4. That the purpose of the offender is to apply the thing, but in would, however, unjustly annoy or vex
same to the payment of the debt no case less an innocent person
than P75 3. There is no violence or intimidation in
A Menor or a unjust vexation
fine P5-P200, 4. Difference between grave and light
or both – any coercion: use of violence
other 5. When the act of the accused has no
coercion or connection with previous acts of
unjust violence, it is only unjust vexation
vexation
288 1. By forcing or compelling, directly or indirectly, or A Mayor or a 1. Laborers or employees have the right
Other knowingly permitting the forcing or compelling fine ranging to receive just wages in legal tender
Similar of the laborer or employee of the offender to from P200 - 2. Inducing an employee to give up any
Coercion purchase merchandise or commodities of any P500, or both part of his wages by force, stealth,
s kind intimidation, threat or by any other
a. That the offender is any person, agent or means is unlawful under the Labor
officer of any association or corporation Code, not under the RPC
b. That he or such firm or corporation has
employed laborers or employees
c. That he forces or compels, directly or
indirectly, or knowingly permits to be forced
or compelled, any of his or its laborers or
employees to purchase merchandise or
commodities of any kind from him or from
said firm or corporation
2. By paying wage due his laborer or employee by
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means of tokens or objects other than the legal
tender currency of the Philippines, unless
expressly requested by such laborer or employee
a. That the offender pays the wages due a
laborer or employee employed by him by
means of tokens or objects
b. That those tokens or objects are other than
the legal tender currency of the Philippines
c. That such employee or laborer does not
expressly request that he be paid by means of
tokens or objects

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