Legal Basis Crime Elements Penalty

Art. 114 Treason Elements: Filipino & Alien ® Reclusion perpetua to

1. The offender is a Philippine citizen or an alien residing in the Philippines death + fine not exceeding P4,000,000
2. There is a war which the Philippines is involved in
3. The offender either-
a. Levies war against the Government
b. Adheres to the enemy, giving them aid or comfort
Art. 115 Conspiracy & Proposal Elements: Conspiracy to commit treason ® Prison
to Commit Treason 1. Conspiracy to commit treason: mayor and a find not exceeding P2M
a. Committed during war
b. Two or more persons come into agreement to perform the acts of Proposal to commit treason ® Prison
treason correccional and a fine not exceeding P1M
2. Proposal to commit treason:
a. Committed during war
b. A person who has decided to commit treason proposes its execution
to other persons
Art. 116 Misprision of Treason Elements: Penalty impose is that of an accessory to
1. The offender owes allegiance to the government and is not a foreigner treason
2. The offender has knowledge of a conspiracy to commit treason against the - Penalty is 2 degrees lower that
government reclusion perpetua to death
3. The offender conceals or does not disclose the conspiracy to the public officers (punishment of treason)
mentioned.
A principal in the crime of misprision of
treason
Art. 117 Espionage Elements: Prison correccional ® Par. 1 & 2
1. By entering without authority a military establishment or reservation to obtain
information, plans, photographs, or other data of a confidential nature relative to Penalty next higher (Prison mayor) ®
the defense of the Philippines. Offender is a public officer or employee
a. The offender enters the places mentioned:
i. Warship;
ii. Fort; or
iii. Military or naval establishment or reservation
b. He has no authority to do so; and
c. The purpose is to obtain information or other data of a confidential
nature relative to the defense of the Philippines.
2. By disclosing to a representative of a foreign nation the contents of the
information mentioned in paragraph 1, which he had possession of by reason of
the public office he holds.
a. The offender is a public officer;
b. He has in his possession articles, data or information mentioned in Par.
1 by reason of the public office he holds; and
3. Discloses the contents to a representative of a foreign nation.
Art. 118 Inciting to war or Elements: Reclusion temporal ® Any public officer or
giving motives for 1. The offender performs unlawful or unauthorized acts employee
reprisals 2. Such acts:
 a. Provoke or give occasion for a war involving or liable to involve the Prison mayor ® Upon any private
Philippines; or individual
b. Expose Filipino citizens to reprisals on their persons or property
Art. 119 Violation of neutrality Elements: Prison correccional
1. That there is a war in which the Philippines is not involved;
2. That there is a regulation issued by competent authority for the purpose of
enforcing neutrality; and
3. That the offender violates such regulation
Art. 120 Correspondence with Elements: Prohibited by the Government ® Prison
hostile country 1. It is made in time of war in which the Philippines is involved; correccional
2. The offender makes correspondence with the:
a. Enemy country; or Carried on in ciphers or conventional signs
b. Territory occupied by enemy troops; and ® Prison mayor
3. The correspondence is either:
a. Prohibited by the Government Contains notice or information which
b. Carried on in ciphers or conventional signs might be useful to the enemy ® Reclusion
c. Contains notice or information which might be useful to the enemy temporal
Art. 121 Flight to enemy’s Elements: Arresto mayor
country 1. There is a war in which the Philippines is involved;
2. The offender owes allegiance to the Government;
3. The offender attempts to flee or go to the enemy country; and
4. Going to the enemy country is prohibited by the competent authority

Art. 122 Piracy in general and Elements: Reclusion perpetua

mutiny on the high
seas or Philippine
waters
1. That a vessel is on the high seas or in Philippine waters;
2. That the offenders are not members of its complement or passengers of the
vessel; and
3. That the offenders:
a. Attack or seize the vessel, or
b. Seize the whole or part of the cargo of said vessel, its equipment or
personal belongings of its complement or passengers.

Mutiny ® Unlawful resistance to a superior officer or the raising of commotions and

disturbances on board a ship against the authority of its commander
Art. 123 Qualified Piracy Qualifying Circumstances Reclusion perpetua to death
1. Whenever they have seized a vessel by boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims without means of saving
themselves; or
3. Whenever the crime is accompanied by murder, homicide, physical injuries or
rape.
Art. 124 Arbitrary detention Elements: Arresto mayor in its maximum period to
1. That the offender is a public officer or employee. prision correccional in its minimum period
2. That he detains a person. ® Not exceeded three days.
3. That the detention is without legal grounds
Prision correccional in its medium and
maximum periods ® Continued more than
three but not more than fifteen days

Prision mayor ® Continued for more than

fifteen days but not more than six months

Reclusion temporal ® Exceeded six

months.
Art. 125 Delay in the Delivery of Elements:
Detained Persons to 1. That the offender is a public officer or employee.
Proper Judicial 2. That he has detained a person for some legal ground.
Authorities 3. That he fails to deliver such person to the proper judicial authorities within:
a. twelve (12) hours, for crimes or offenses punishable by light penalties,
or their equivalent; or
b. eighteen (18) hours, for crimes or offenses punishable by correctional
penalties, or their equivalent; or
c. thirty-six (36) hours, for crimes or offenses punishable by afflictive or
capital penalties, or their equivalent
Art. 126 Delaying release Elements: Arresto mayor in its maximum period to
1. That the offender is a public officer or employee; prision correccional in its minimum period
2. That there is a judicial or executive order for the release of a prisoner or detention ® Not exceeded three days.
prisoner, or that there is a proceeding upon a petition for the liberation of such
person. Prision correccional in its medium and
3. That the offender without good reason delays: maximum periods ® Continued more than
a. the service of the notice of such order to the prisoner, or three but not more than fifteen days
b. the performance of such judicial or executive order for the release of
the prisoner, or Prision mayor ® Continued for more than
c. the proceedings upon a petition for the release of such person. fifteen days but not more than six months

Reclusion temporal ® Exceeded six

months.
Art. 127 Expulsion Elements: Prison correccional
1. That the offender is a public officer or employee;
2. That he expels any person from the Philippines, or compels a person to change
his residence; and
3. That the offender is not authorized to do so by law.

Art. 128 Violation of Domicile Elements: Prison correccional in its minimum period
1. That the offender is a public officer or employee;
2. That he is not authorized by a judicial order to enter the dwelling and/or to make Qualified ® Prison correccional in its
a search for papers or other effects; and medium and maximum periods
 3. That the offender shall:
a. Enter any dwelling against the will of the owner thereof;
b. Search papers or other effects found therein without the previous
consent of such owner;
c. Refuse to leave the premises, after having surreptitiously entered said
dwelling and after having been required to leave the same

Qualified Violation of Domicile

Art. 129 Search warrants Elements
maliciously obtained
and abuse in the
service of those legally
obtained
1. Nighttime
2. Papers or Effects not constituting a crime are not returned immediately after the
search
In addition to the liability attaching to the
1. Procuring a search warrant without just cause: offender for the commission of any other
a. That the offender is a public officer or employee offense, the penalty of arresto mayor in its
b. That he procures search warrant maximum period to prision correccional in
c. That there is no just cause its minimum period and a fine not
2. Exceeding his authority or by using unnecessary severity in executing a search exceeding P1,000 pesos.
warrant legally procured
a. That the offender is a public officer or employee
b. That he has legally procured a search warrant
c. That he exceeds his authority or uses unnecessary severity in
executing the same

Art. 130 Searching domicile Elements Arresto mayor in its medium and
without witnesses 1. That the offender is a public officer or employee; maximum period
2. That he is armed with a legally procured search warrant;
3. That he searches the domicile, papers or other belongings of any person; and
4. That the owner, any member of his family, or two witnesses residing in the same
locality are not present.
a. Note! The witnesses must be of legal age & the locality refers to the
same barangay.
Art. 131 Prohibition, Common Element Prision correccional in its minimum
interruption and 1. That the offender is a public officer or employee;
dissolution of peaceful 2. That he performs any of the acts enumerated in violation of the right to
meetings Association & Peaceful Assembly

Different Acts Punishable under Art. 131

1. Prohibiting or interrupting or dissolving without legal ground, the holding of a
peaceful meeting
a. Peaceful meeting
b. No legal ground for prohibiting or interrupting or dissolving that meeting
2. Hindering any person from joining any lawful association or from attending any
of its meetings
a. Hindering
b. Joining lawful association or attending meetings
 3. Prohibiting or hindering any person from addressing, either alone or together with
others, any petition to the authorities for the correction of abuses or redress of
grievances
a. Prohibiting or hindering
b. Petition to authorities
c. Correction of abuses or redress of grievances
Art. 132 Interruption of Elements of the Crime If the crime is committed with violence or
Religious Worship 1. That the offender is a public officer or employee; threats, it is qualified.
2. That the religious ceremonies or manifestations of any religion are about to take
place or are going on; and
3. That the offender prevents or disturbs the same.
Art. 133 Offending the Elements: Arresto mayor in its maximum period to
Religious Feelings 1. The acts complained of were performed: prision correccional in its minimum period
a. In a place devoted to religious worship; or
b. During the celebration of any religious ceremony
2. The act performed must be notoriously offensive to the feelings of the faithful.
Art. 134 Rebellion or Elements of the Crime
Insurrection 1. There must be a:
a. Public uprising; and
i. If there is no public uprising, the crime may be of direct
assault.
b. Taking arms against the Government
2. The purpose must either be:
a. To remove from the allegiance to said Government or its laws:
i. The territory of the Republic of the Philippines or any part
thereof; or
ii. Any body of land, naval, or other armed forces; or
b. To wholly or partially deprive the Chief Executive or the Legislature of
any of their powers or prerogatives
i. Note! Depriving the Judiciary of its powers is not included
and the offense may only tie sedition
Art. 134-A Coup d’état Elements of the Crime
1. The offender is a person/s belonging to the military or police or holding any
public office or employment;
2. It is committed by a means of a swift attack, accompanied by
a. violence,
b. intimidation,
c. threat,
d. strategy, or
e. stealth
3. The attack is directed against duly constituted authorities of the Republic of the
Philippines, or any military camp or installation,or communication networks,
public utilities, or other facilities needed for the exercise and continued
possession of power; and
4. The purpose of the attack is to seize or diminish state power.
Art. 135 Penalty for rebellion, Persons liable for rebellion or insurrection
insurrection or coup ● Leaders – Any person who promotes, maintains, or heads ® The penalty is
d’état reclusion perpetua
 ● Participants – Any person who participates or executes the commands of others
® The penalty is reclusion temporal.

Persons liable for coup d’etat

Art. 136 Conspiracy and Punishable Acts
proposal to commit
coup d'etat, rebellion
or insurrection
● Leaders – Any person who leads, directs; or commands others ® The penalty is
reclusion perpetua.
● Participants
○ Any person in the government service who participates, or executes
directions or commands of others ® The penalty is reclusion temporal
in its maximum period.
○ Any person NOT in the government service who participates, supports;
finances, abets or aids ® The penalty is prision mayor in its maximum
period.
Conspiracy and proposal to commit rebel
1. Conspiracy and proposal to commit coup d’etat coup d’etat ® Prision mayor in minimum
2. Conspiracy to commit rebellion; and period and a fine which shall not exceed
3. Proposal to commit rebellion. P1,000,000.00

Conspiracy to commit rebellion ® Prision

correccional in its maximum period and a
fine which shall not exceed P1,000,000.00

Proposal to commit rebellion or

insurrection ® Prision correccional in its
medium period and a fine not exceeding
P400,000.00
Art. 137 Disloyalty of public Punishable Acts Prision correccional in its minimum period
officers or employees 1. Failing to resist a rebellion by all means in their power; or
2. Continuing to discharge the duties of their office under the control of the rebels;
or
3. Accepting appointment to office under the rebels
Art. 138 Inciting a rebellion or Elements: Prision mayor in its minimum period
insurrection 1. The offender does not take up arms or is not in open hostility against the
Government;
2. He incites other to the execution of any of the acts of rebellion; and
3. The inciting is done by means of speeches, proclamations, writings, emblems,
banners or other representations tending to the same end.
Art. 139Art Sedition Elements:
1. The offenders rise publicly and tumultuously;
2. They employ force, intimidation, or other means outside of legal methods; and
3. The offenders employed any of those means to attain any of the following
objects:
a. To prevent the promulgation or execution or any law or the holding of
any popular election;
 b. To prevent the government or any public officer from freely exercising
its or his functions, or prevent the execution of any Administrative
Order;
c. To inflict any act of hate or revenge upon the person or property of any
public officer or employee;
d. To commit, for any political or social end, any act of hate or revenge
against private persons or any social class, or
e. To despoil, for any political or social end, any person, municipality or
province of the National Government of all its property or any part
thereof
Art. 140 Penalty for Sedition Persons Involved:
1. The leader of the sedition ® Prision mayor in its minimum period and a fine not
exceeding P2,000,000
2. Other persons participating in the sedition ® Prision correccional in its maximum
period and a fine not exceeding

Art. 141 Conspiracy to commit Article 141 punishes only conspiracy to commit sedition. Hence, proposal to commit Prision correccional in its medium period
sedition sedition is not punishable. and a fine not exceeding P400,000
Art. 142 Inciting to sedition Punishable Acts Prision correccional in its maximum period
1. Inciting others to the accomplishment of any of the acts which constitute sedition and a fine not exceeding
by means of speeches, proclamations, writings, emblems, etc.
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.
4. Knowingly concealing such evil practice

Elements of Act No. 1

1. That the offender does not take direct part in the crime of sedition.
2. That he incites others to the accomplishment of any of the acts which constitute
sedition.
3. That the inciting is done by means of speeches, proclamations, writings,
emblems, cartoons, banners, or other representations tending to the same end.

Elements of Acts No. 2 & 3

1. They tend to disturb or obstruct any lawful officer in executing the functions of
his office; or
2. They tend to instigate others to cabal and meet together for unlawful purposes;
or
3. They suggest or incite rebellious conspiracies or riots; or
4. 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
Art. 143 Acts tending to Elements: Prision correccional or a fine ranging from
prevent the meeting of 1. There is a projected or actual meeting of the Congress or any of its committees P40,000 to P400,000, or both
Congress and similar or subcommittees, Constitutional Commissions or committees or divisions
bodies thereof, or of any provincial board or city or municipal council or board.
 2. The offender, who may be any person, prevents such meeting by force or
fraud.
a. Force referred to here is one that produces an injury on the person of
another, and fraud involves falsification.
b. Thus, physical injuries and falsification will be complexed as a
necessary means to commit this crime
Art. 144 Disturbance of Elements: Arresto mayor or a fine from P40,000 to
proceedings 1. There be a meeting of Congress or of any of its committees or subcommittees, P200,000
Constitutional Commissions or committees or divisions thereof, or of any
provincial board or city or municipal council or board.
2. The offender does any of the following acts:
a. He disturbs any such meetings.
b. He behaves while in the presence of any such bodies in such a manner
as to interrupt its proceedings or to impair the respect due it.

Art. 145 Violation of Punishable Acts Prision mayor

parliamentary 1. By using force, intimidation, threats, or fraud to prevent any member of Congress
immunity from:
a. (1) attending the meetings of Congress or of any of its committees or
subcommittees, Constitutional Commissions or committees or
divisions thereof, or from
b. (2) expressing his opinions, or
c. (3) casting his vote.
2. By arresting or searching any member thereof while Congress is in regular or
special session, except in case such member has committed a crime punishable
under the Code by a penalty higher than prision mayor.

Elements of Act No. 1

1. The offender (any person) uses force, intimidation, threats or fraud.
2. The purpose of the offender is to prevent any member of Congress from:
a. attending the meetings of Congress or of any of its committees or
subcommittees, Constitutional Commissions or committees or
divisions thereof, or from
b. expressing his opinions, or
c. casting his vote.

Elements of Act No. 2

1. The 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.
a. Session refers to the entire period from its initial convening until its final
adjournment.
4. The member arrested or searched has not committed a crime punishable under
the Code by a penalty higher than prision mayor.

Art. 146 Illegal Assemblies Elements: Organizers or leaders of the meeting ®

Prisión correccional in its minimum and
 1. Any meeting attended by armed persons for the purpose of committing any of medium periods and a fine not exceeding
the crimes punishable by the RPC 1,000 pesos
a. A meeting, gathering or group of persons, whether in a fixed place or a
moving place Persons merely present at the meeting ®
b. This meeting is attended by armed persons; and Arresto mayor
i. Note! Not all persons present at the meeting must be armed.
The law is silent on how many “armed men” should attend the
meeting. At the very least there should be 2 because of the
plural form of “persons”.
c. The purpose of the meeting is to commit any crime under the RPC
2. Any meeting in which the audience, armed or not, is incited to commit the crime
of treason, rebellion, insurrection, sedition or assault upon a person in authority
or his agent
a. There is a meeting, a gathering or group of persons, whether fixed or
moving
b. The audience, whether armed or not, is incited to commit a crime of
treason, rebellion, insurrection, sedition or direct assault.
i. It is necessary that the audience is actually incited. If in the
meeting the audience is incited to the commission of rebellion
or sedition, the crimes committed are illegal assembly as
regards the organizers or leaders or persons merely present
and inciting to rebellion or sedition insofar as the one inciting
them is concerned
Art. 147 Illegal Associations Prohibited Associations: Associations totally or partially organized for: Founders, directors and presidents of
1. Committing any of the crimes under the RPC associations ® Prisión correccional in its
2. Some purpose contrary to public morals minimum and medium periods and a fine
not exceeding 1,000 pesos
Persons Liable
● Founders, directors and presidents of said association Mere membership ® Arrestor mayor
● Members of the association

Art. 148 Direct Assault Two Ways of Committing Direct Assault: Qualified assault ® prision correccional in
1. Public uprising, by employing force/intimidation for the attainment of any of the its medium and maximum periods and a
purposes enumerated in definining the crimes of sedition & rebellion fine not exceeding P200,000
a. Elements
i. The offender employs force or intimidation; Simple assault ® prision correccional in
ii. The aim of the offender is to attain any of the purposes of its minimum period and a fine not
the crime of rebellion or any of the objects of the crime of exceeding P100,000
sedition; and
iii. There is no public uprising
b. The first mode is tantamount to rebellion or sedition, without the
element of public uprising.
c. Offended party need not be a person in authority or his agent; he may
be a private individual if the object is to attain an object of sedition
2. Without public uprising, by attacking, by employing force or seriously
intimidating or by seriously resisting any person in authority (PA) or agents of
persons in authority (APA) while engaged in the performance of official duties, or
on the occasion of such performance.
a. The Offender
 i. Makes an attack – Includes any offensive or antagonistic
movement or action of any kind (equivalent to aggression)
ii. Employs force
iii. Makes a serious intimidation (unlawful coercion, duress,
putting someone in fear, exertion of an influence in the
mind which must be both immediate and serious); or
iv. Makes a serious resistance (if not serious crime committed
may be that under art. 151 or resistance and
disobedience);
b. The person assaulted is a person in authority or his agent
c. At the time of the assault, the person in authority or his agent
i. Is engaged in the actual performance of official duties
ii. That he is assaulted by reason of the past performance of
his 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:
1. Committed with a weapon
2. Offender is a public officer or employee
3. Offender lays hands upon a person in authority
Art. 149 Indirect Assault Elements: Prision correccional in its minimum and
1. A PA or APA is the victim of any of the forms of direct assault defined in A148 medium periods and a fine not
2. A person comes to the aid of the APA exceeding P100,000
a. Note: The offended party in indirect assault may be a private person
3. The offender makes use of force/intimidation upon such person coming to the
aid of the APA
a. Indirect assault can be committed only when a direct assault is also
committed

Due to the amendment of A152 by RA 1978, a private individual coming to the aid of a PA
is himself deemed an APA. Thus the rules are:
1. If the victim is a PA who is the subject of a direct assault, and the 3rd person
coming to his aid (who then becomes an APA) is likewise attacked, the crime
committed against the 3rd person will be direct assault, resistance, or
disobedience depending on the degree of force or violence used by the offender
2. If the victim is an APA, it depends:
a. If direct assault is being committed against the APA, the attack against
the 3rd person will constitute indirect assault
b. If only resistance or disobedience is being committed against the
agent, the attack against the 3rd person is either physical injuries or
coercion as the case may be
Art. 150 DISOBEDIENCE TO Punishable Acts: (Su-SAWI) Arresto mayor or a fine ranging from
SUMMONS ISSUED 1. Refusing without legal excuse, to obey summons of Congress, or any P40,000–P200,000 or both such fine and
BY THE NATIONAL commission or committee chairman or member authorized to summon witnesses imprisonment
ASSEMBLY, ITS 2. Refusing to be sworn or placed under affirmation while before such legislative or
COMMITTEES OR constitutional body/official.
SUBCOMMITTEES,
BY THEC
 ONSTITUTIONAL 3. Refusing to answer any legal inquiry or to produce any books, papers,
COMMISSION, ITS documents, or records in his possession, when required by them to do so in the
COMMITTEES, exercise of their functions
SUBCOMMITTEE, OR 4. Restraining another from attending as a witness in such legislative or
DIVISIONS. constitutional body
5. Inducing disobedience to summons or refusal to be swon by any such body or
official
Elements of Resistance & Serious Disobedience: (ERA) Resistance & serious disobedience ®
1. A PA or his APA is Engaged in the performance of official duty or gives a lawful Arresto mayor and a fine not exceeding
order to the offender P100,000
2. The offender Resists or seriously disobeys such person in authority or his agen
3. The Act of the offender is not included in the provisions of A148-150 Simple disobedience ® Arresto menor or
a fine ranging from P2,000–P20,000
Elements of Simple Disobedience: (ED-Not)
1. An APA is Engaged in the performance of official duty or gives a lawful order to
the offender
2. The offender Disobeys such APA
3. Such disobedience is Not of a serious nature

Art. 152 Persons of authority Public Officer (PO): Any person who takes part in the performance of public functions in
and agents of persons the government
of authority.
Person in Authority (PA): Any person directly vestetd w/ jurisdiction whether as an indv’l or
as a member of some court or gov’tal corp/board/commission

Agent of a Person in Authority (APA): Any person who, by direct provision of law or by
election or by appointment by competent authority, is charged w/ the maintenance of
public order & the protection & security of life & property

Art. 153 Tumultuos and other Punishable Acts: #1 & #2 ® Arresto mayor in its medium
disturbances of public 1. Causing any serious disturbance in a public place, office, or establishment period to prision correccional in its
order. a. If disturbance is not serious in nature, alarms & scandals under A155 is minimum period and a fine not exceeding
committed. P200,000
b. Serious disturbance must be planned or intended.
2. Interrupting or disturbing public performances, functions or gatherings or #3 & #4 ® Arresto mayor
peaceful meetings, if the act is not included in Arts.131-132.
3. Making an outcry tending to incite rebellion or sedition in any meeting, #5 ® Arresto menor and a fine not to
association, or public place exceed P40,000
a. If outcry was premeditated to incite, the crime committed is inciting to
rebellion or sedition Penalty next higher in degree shall be
4. Displaying placards or emblems which provoke a disturbance of public order in imposed upon persons causing any
such place disturbance or interruption of a
5. Burying with pomp the body of a person who has been legally executed. tumultuous character
Art. 154 Unlawful use of means Punishable Acts: (FEM-Bear) arresto mayor and a fine ranging
of publication and 1. Publishing or causing to be published by means of printing, lithography, or any from P40,000–P200,000
unlawful utterance other means of publication, as news, any false news w/c may endanger the
public order, or cause damage to the interest or credit of the State
2. Encouraging disobedience to the law or to the constituted authorities or by
praising, justifying, or extolling any act punished by law, by the same means or
by words, utterances, or speeches
3. Maliciously publishing or causing to be published any official resolution or
document w/o authority, or before they have been published officially
 4. Printing, publishing, or distributing (or causing the same) books, pamphlets,
periodicals, or leaflets which do not bear the real printer’s name, or w/c are
classified as anonymous
Art. 155 Alarms & Scandals Punishable Acts: (DIWA) penalty of arresto menor and a fine not
1. Discharging any firearm, rocket, firecracker, or other explosive w/in any town or exceeding P40,000
public place, w/c 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 while intoxicated or otherwie,
Art. 156 Delivering prisoners Elements: Regular ® arresto mayor in its maximum
from jail 1. There is a person Confined in a jail or penal establishment period to prision correccional in its
2. The offender Removes therefrom such person, or helps the escape of such minimum period.
person.
Other means ® arresto mayor
Ways of Committing:
1. Removing a prisoner confined in jail/penal institution Take place outside of said establishments
a. To take away a person from confinement w/ or w/o the active participation by taking the guards by surprise, the same
of the person released penalties shall be imposed in their
2. Helping said person to escape minimum period
a. To furnish material means to facilitate escape
Art. 157 Evasion of service of Elements: prision correccional in its medium and
sentence 1. The offender is a convict by final judgment maximum periods
a. Note: If the accused escaped while the sentence of conviction was
under appeal, he is not liable under A157, the judgment not having Qualified ® prision correccional in its
become final, & this is true even if his appeal was later dismissed bc maximum period
he had escaped
2. He is serving his sentence, which consists in deprivation of liberty;
3. He evades the service of his sentence by escaping during the term of his
sentence

Qualifying Circumstances: If such evasion or escape takes place

1. By means of unlawful entry (this should be “by scaling”)
2. By breaking doors, windows, gates, walls, roofs, or floors
3. By using picklocks, false keys, disguise, deceit, violence, or intimidation
4. Through connivance with other convicts or employees of the penal institution
Art. 158 EVASION OF SERVICE Elements: Increase of 1/5 of the time still remaining
OF SENTENCE ON 1. The offender is a convict by final judgment when confined in a penal institution to be served under the original sentence,
THE OCCASION OF 2. There is disorder resulting from (MEECS) which in no case shall exceed 6 mos
DISORDERS, a. Mutiny in which he has not participated
CONFLAGRATIONS, b. Earthquake
EARTHQUAKES, OR c. Explosion
OTHER CALAMITIES d. Conflagration
e. Similar catastrophes
3. The offender leaves the penal institution where he is confined, on the occasion
of such disorder or during the mutiny;
4. The offender fails to give himself up to the authorities w/in 48 hours following
the issuanceof
Art. 159 Other cases of evasion Elements: (Con-GV) Prison correccional in its minimum period
of sentence 1. The offender was a convict
(Conditional Pardon) 2. He was granted a conditional pardon by the Chief Executive
 3. He violated any of the conditions of such pardon

Art. 160 Quasi-recidivism Elements: Maximum period of the penalty prescribed

1. The offender was already convicted by final judgment of 1 offense by law for the new felony
2. He committed a new felony before beginning to serve such sentence or while
serving the same

A Quasi-Recidivist can be Pardoned

1. At the age of 70, if he shall have already served out his original sentence & he is
not a habitual criminal; or
2. When he shall have completed it after reaching the said age, unless by reason of
his conduct/other circumstances, he shall not be worthy of such clemency
Art. 161 COUNTERFEITING Elements: Reclusion temporal
SEAL OF GOV’T, 1. Forging the Great Seal of the Gov’t of the PH
SIGNATURE & STAMP 2. Forging the Signature of the President
OF PRESIDENT 3. forging the Stamp of the President
Art. 162 USE OF FORGED Elements: Prison mayor
SIGNATURE OR 1. The Great Seal of the Republic was counterfeited, or the signature/stamp of the
COUNTERFEIT Chief Executive was forged by another person.
SEAl/STAMP 1. The offender knew of the counterfeiting or forgery
2. He used the counterfeit seal or forged signature or stamp
Art. 163 Making & Importing & Elements: Prision correccional in its minimum &
Uttering of fake coins 1. There be false or counterfeited coins medium periods and a fine not to
2. The offender either made, imported, or uttered such coins; and exceed P400,000 ® Coinage of the PH
3. In case of uttering such false or counterfeited coins, he connived with the
counterfeiters or importers Prision correccional in its minimum period
and a fine of not to exceed P200,000 ®
Currency of a foreign country.
Art. 164 MUTILATION OF Punishable Acts: (MU) Prision correccional in its minimum period
COINS – 1. Mutilating coins of the legal currency with the intent to damage or to defraud and a fine not to exceed P400,000
IMPORTATION & another, and
UTTERANCE OF 2. Importing or uttering such mutilated coins, with the further requirement that
MUTILATED COINS there must be connivance w/ the mutilator or importer in case of uttering
Art. 165 SELLING OF Punishable Acts: Penalty lower by 1 degree than that
FALSE/MUTILATED 1. Possession of coin, counterfeited or mutilated by another w/ intent to utter the prescribed in said articles.
COIN, W/O same knowing that it’s false or mutilated
CONNIVANCE a. Possession
b. With intent to utter
c. Knowledge
2. Actually uttering false/mutilated coin, knowing it to be false or mutilated
a. Actually Uttering
b. Knowledge
Art. 166 Forging treasury or Punishable Acts Reclusion temporal in its minimum period
bank notes or other 1. Forging or falsification of treasury or bank notes or other documents payable to and a fine not to exceed 10,000 pesos ®
documents payable to bearer. Obligation or security of the (United
bearer; importing, and 2. Importation of such false or forged obligations or notes. States or of the) Philippine Islands.
uttering such false or
3. Uttweing the same in connivance with forgers or importers.
forged notes and Prision mayor in its maximum period and
documents a fine not to exceed 5,000 pesos ®
Circulating note issued by any banking
association duly authorized by law to
issue the same.
 Prision mayor in its medium period and a
fine not to exceed 5,000 pesos ® Iissued
by a foreign government.

Prision mayor in its medium period and a

fine not to exceed 2,000 pesos ®
Circulating note or bill issued by a foreign
bank duly authorized therefor.
Art. 167 Counterfeiting, Elements of the crime Prision correccional in its medium &
importing, and uttering 1. That there be an instrument payable to order or other document of credit not maximum periods + a fine not
instruments not payable to bearer. exceeding P1,200,000
payable to bearer 2. That the offender either forged, imported or uttered such instrument.
3. That in case of uttering, he connived with the forger or importer.
Art. 168 Illegal possession and Elements of the crime Penalty next lower in degree than that
use of false treasury or 1. That any treasury or bank note or certificate or other obligation and security prescribed in said articles
bank notes and other payable to bearer, or any instrument payable to order or other document of credit
instruments of credit not payable to bearer is forged or falsified by another person.
2. That the offender knows that any of those instruments is forged or falsified.
3. That he performs any of these acts –
a. Using any of such forged or falsified instruments; or
b. Possessing with intent to use any of such forged or falsified
instruments.
Art. 169 How forgery is The forgery referred to in this section may be committed by any of the following means:
committed
1. By giving to a treasury or bank note or any instrument, payable to bearer or order
mentioned therein, the appearance of a true genuine document.

2. By erasing, substituting, counterfeiting or altering by any means the figures, letters,

words or signs contained therein.
Art. 170 Falsification of Elements of the Crime prision correccional in its maximum period
legislative documents 1. That there be a bill, resolution or ordinance enacted or approved or pending + a fine not exceeding P1,200,000
approval by either House of the Legislature or any provincial board or municipal
council.
2. That the offender alters the same.
3. That he has no proper authority therefor.
4. That the alteration has changed the meaning of the document
Art. 171 Falsification by public Elements of the Crime: Any public officer, employee or notary who
officer, employee or 1. That the offender is a public officer, employee or notary public. took advantage of his official position ®
notary or ecclesiastic 2. That he takes advantage of his official position when: prision mayor and a fine not exceeding
minister a. He has the duty to make or prepare or otherwise intervene in the P1,000,000
preparation of the document; or
Ecclesiastical minister ® Same penalty
b. He has the official custody of the document which he falsifies
3. That he falsifies a document by committing any of the following acts:
a. Counterfeiting or imitating any handwriting, signature or rubric;
b. Causing it to appear that persons have participated in any act or
proceeding when they did not in fact so participate;
c. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them;
 d. Making untruthful statements in a narration of facts;
e. Altering true dates;
f. Making any alteration or intercalation in a genuine document which
changes its meaning;
g. Issuing in an authenticated form a document purporting to be a copy
of an original document when no such original exists, or including in
such copy a statement contrary to, or different from, that of the
genuine original; or
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.
Art. 172 Falsification by private Punishable Acts Prision correccional in its medium and
individual 1. Falsification of public, official, or commercial document by a private individual maximum periods and a fine of not more
a. Elements (Priv-FaP) than P1,000,000
i. The offender is a private individual or a public
officer/employee who did not take advantage of his official
position
ii. That he committed any of the acts of falsification enumerated
in A171 par. 1-6
iii. That the falsification was committed in a public or official or
commercial document
2. Falsification of private document by any person
a. Elements
i. The offender committed any of the acts of falsification, except
those in par. 7, enumerated in A171
ii. The falsification was committed in any private document
iii. The falsification caused damage to a third party or at least the
falsification was committed with the intent to cause such
damage
iv. through falsification of commercial document
3. Use of falsified documents
a. Introducing in a judicial proceeding
i. The offender knew that the document was falsified by another
perso
ii. The false document was embraced in A171 or in any of the
subdivision no. 1 or 2 of A172
iii. He introduced said document in evidence in a judicial
proceeding
b. Use in any other transaction
i. The offender knew that the document was falsified by another
perso
ii. The false document was embraced in A171 or in any of the
subdivision no. 1 or 2 of A172
iii. He used such document (not in judicial proceeding
iv. The use of the false document caused damage to another or
at least it was used with intent to cause damage
Art. 173 FALSIFICATION BY Punishable Acts: (UFU) Par 1 & 2 ® Penalty of prision correccional
PRIVATE 1. Uttering fictitious wireless, telegraph, or telephone messages in its medium and maximum periods
INDIVIDUALS & USE 2. Falsifying wireless, telegraph, or telephone messages
a. Elements of Acts no. 1&2: Par 3 ® Penalty next lower in degree
 OF FALSIFIED i. The offender is an officer/employee of the gov’t, or an
DOCUMENTS officer/employee of a private corporation engaged in the
service of sending or receiving wireless, cable or telephone
message
ii. He commits any of the above acts
3. Using such falsified messagea
a. Elements of Act no. 3:
i. The accused knew that the wireless, cable, telegraph, or
telephone message was falsified by any person specified in
nos. 1&2 above
ii. The accused used such falsified dispatch
iii. The use of the falsified dispatch resulted in the prejudice of a
third party, or that the use thereof was w/ the intent to cause
such prejudice
Art. 174 FALSE MEDICAL Persons Liable: Arresto mayor in its maximum period to
CERTIFICATES, 1. Physician or surgeon who, in connection w/ the practice of his profession, issued prision correccional in its minimum period
FALSE CERTIFICATES a false certificate and a fine not to exceed P200,000
OF MERIT OR 2. Public officer who issued a false certificate of merit or service, good conduct, or
SERVICE. similar circumstances
3. Private individual who falsified a certificate falling in the classes mentioned in
nos. 1&2.
Art. 175 Using of false Elements: Arresto menor
certificates 1. A false certificate mentioned in the preceding article was issued
2. The offender knew that the certificate was false
3. He used the same
Art. 176 MANUFACTURING & Punishable Acts: (MP) Prison correccional in its medium and
POSSESSION OF 1. Making or introducing into the PH any stamp, dye, mark, or other instruments or maximum periods and a fine not to
INSTRUMENTS & implements for counterfeiting or falsification exceed P1,000,000
IMPLEMENTS FOR 2. Possessing with intent to use the instruments or implements for counterfeiting or
FALSIFICATION falsification made in or introduced into the PH by another person.
Art. 177 Usurpation of authority Ways of Committing: Prision correccional in its minimum and
or official functions 1. Usurpation of Authority medium periods
a. By false & knowing representation, i.e. the malicious representation as
an agent, officer, or repreesntatice of the gov’t
2. Usurpation of Official Functions
a. By performing any act pertaining to any person in authority or public
officer of the PH Gov’t or any foreign gov’t, or any agency thereof, w/o
being lawfully entitled to do so.
b. Elements
i. The offender may be a private person or public officer
ii. The offender performs any act pertaining to any person in
authority or public officer of the gov’t, any of its agencies, or
of a foreign gov’t
iii. The offender performs the act under pretense of official
function
iv. The offender performs the act w/o being legally entitled to do
so
Art. 178 Using fictitous name Punishable Acts: Par 1 ® Arresto mayor and a fine not to
and concealing true 1. Using Fictitious Name exceed One hundred thousand (100,000)
name a. Elements
i. The offender uses a name other than his real name Par 2 ® Arresto menor or a fine not to
ii. He uses that fictitious name publicly exceed P40,000.
 iii. The purpose of the offender is
1. to conceal a crime
2. to evade the execution of a judgment
3. to cause damage to public interest
2. Concealing True Name
a. Elements
i. The offender conceals:
1. His true name
2. All other personal circumstances
ii. That the purpose is only to conceal his identity
Art. 179 Illegal use of uniforms Elements: Arresto mayor
or insignia 1. The offender makes use of insignia, uniform, or dress
2. The insignia, uniform, or dress pertains to an office not held by the offender or
to a class of persons of which he is not a member; and
3. Said insignia, uniform or dress is used publicly and improperly
Art. 180 False testimony Elements: Reclusion temporal, if the defendant in
against a defendant 1. There be a criminal proceeding said case shall have been sentenced to
2. The offender testifies falsely under oath against the defendant therein death;
3. The offender who gives false testimony knows that it is false
4. The defendant against whom the false testimony is given is either acquitted or
Prision mayor, if the defendant shall have
convicted in a final judgment
been sentenced to reclusion temporal or
reclusion perpetua;

Prision correccional, if the defendant shall

have been sentenced to any other
afflictive penalty

Arresto mayor, if the defendant shall have

been sentenced to a correctional penalty
or a fine, or shall have been acquitted.

In subdivisions 3 and 4 of this article the

offender shall further suffer a fine not to
exceed P200,000.
Art. 181 False testimony Elements: arresto mayor in its maximum period to
favorable to the 1. That the testimony must be given in a criminal case; prision correccional in its minimum period
defendant 2. That the testimony is given by any person; and + a fine not to exceed P200,000 ®
3. That the testimony must be false afflictive penalty,

arresto mayor in any other case

Art. 182 False testimony in civil Elements: prision correccional in its minimum period
cases 1. The testimony must be given in a civil case + a fine not to exceed P1,200,000, ®
2. The testimony must relate to the issues presented in said case exceed P1,000,000,
3. The testimony must be false
4. The false testimony must be given by the defendant knowing it to be false arresto mayor in its maximum period to
5. The testimony must be malicious and given with an intent to affect the issues prision correccional in its minimum period
presented in said case and a fine not to exceed P200,000 ® not
exceed said amount or cannot be
estimated.
Art. 183 Perjury Ways of Committing Perjury arresto mayor in its maximum period to
1. By falsely testifying under oath prision correccional in its minimum period
a. Should NOT be in a judicial proceeding shall be imposed upon any person
2. By making a false affidavit

Elements:
1. The accused made a statement under oath or executed an affidavit upon a
material matter
2. The statement/affidavit was made before a competent officer authorized to
receive & administer oath
3. In that statement/affidavit, the accused made a willful & deliberate assertion of a
falsehood
4. The sworn statement or affidavit containing the falsity is required by law or made
for a legal purpose
Art. 184 Offering false Elements:
testimony in evidence 1. The offender offered in evidence a false witness or testimony
2. The offer was made in a judicial or official proceeding
3. He knew the witness/testimony was false
Art. 185 Machinations in public Punishable Acts: Prision correccional in its minimum period
auctions 1. Soliciting any gift/promise as a consideration for refraining from taking part in and a fine ranging from 10 to 50 per
any public auction centum of the value of the thing auctioned
a. Elements
i. There be a public auction
ii. The accused solicited any gift/promise from any of the
bidders
iii. Such gift/promise was the consideration for his refraining
from taking part in that public auction
iv. The accused had the Intent to cause the reduction of the price
for the thing auctioned
2. Attempting to cause bidders to stay away from an auction by threats, gifts,
promises, or any other artifice
a. Elements
i. There be a public auction
ii. The accused attempted to cause the buyers to stay away
from that public auction
iii. It was done by threats, gifts, promises, or any other artifice
iv. The accused had the Intent to cause the reduction of the price
of the thing auctioned
Art. 186 Art. 186 has been repealed by R.A. No. 10667 or the Philippine Competition Act

Art. 187 IMPORTATION & Elements Prision correccional or a fine ranging from
DISPOSITION OF 1. That the offender imports, sells or disposes of any of those articles or P40,000–P200,000, or both
FALSELY MARKED merchandise.
ARTICLES OR 2. That the stamps, brands or marks of those articles of merchandise fail to indicate
MERCHANDISE
the actual fineness or quality of said metals or alloys.
MADE OF GOLD,
SILVER, OTHER 3. That the offender knows that the stamps, brands, or marks fail to indicate the
PRECIOUS METALS actual fineness or quality of the metals or alloys.
OR THEIR ALLOYS
Art. 188 - 189 A188-9 have been repealed by the Intellectual Property Code; A190-199 skipped
 Articles 190 to 194 of the Revised Penal Code were repealed by R.A. No. 6425. However,
Art. 190 - 194 R.A. No 6425 was repealed by R.A. No. 9165 otherwise known as Comprehensive
Dangerous Drugs Act of 2002

Art. 195 - 199 Articles 195 to 199 of the Revised Penal Code were repealed by P.D. No. 1602. P.D. No.
1602 is modified by R.A. No. 9287

Art. 200 Grave Scandal Elements Arresto mayor and public censure
1. Such that the offender performs an act or acts.
2. That such act or acts be highly scandalous as offending against decency or good
customs.
3. That the highly scandalous conduct is not expressly falling within any other article
of this Code.
4. That the act or acts complained of be committed in a public place or within
public knowledge of view. (US v. Samaniego)
Art. 201 Immoral doctrines, Persons Liable Prision mayor or a fine ranging from
obscene publications 1. Those who shall publicly expound or proclaim doctrines openly contrary to public Twenty thousand (P20,000) to Two
and exhibition and morals; hundred thousand pesos (P200,000), or
indecent shows. 2. The authors of obscene literature, published with their knowledge in any form; both such imprisonment and fine
the editors publishing such literature; and the owners/operators of the
establishment selling the same
a. The author is liable ONLY when it is published with his knowledge.
b. In every case, the editor publishing it is liable.
3. Those who, in theaters, fairs, cinematographs or any other place, exhibit,
indecent or immoral plays, scenes, acts or shows, whether live or in film, which
are prescribed by virtue hereof, shall include those which:
a. glorify criminals or condone crimes;
b. serve no other purpose but to satisfy the market for violence, lust or
pornography;
c. offend any race or religion;
d. tend to abet traffic in and use of prohibited drugs; and
e. are contrary to law, public order, morals, and good customs,
established policies, lawful orders, decrees and edicts
4. Those who shall sell, give away or exhibit films, prints, engravings, sculpture or
literature which are offensive to morals.
○ What is punished is the distribution of indecent literature, etc. to many
people and not merely the isolated, casual or occasional act of giving
such kind of literature to a single recipient.
Art. 202 Vagrants and Prostitute: A woman is a prostitute when: Arresto menor or a fine not exceeding
Prostitute 1. She habitually indulges in: P20,000, and in case of recidivism, by
a. Secual intercourse arresto mayor in its medium period to
b. Lascivious conduct prisión correccional in its minimum period
2. For money or profit or a fine ranging from P20,000 to
P200,000, or both, in the discretion of the
RA 10158 [appr. 03/12/2012] decriminalized vagrancy. court.

Art. 203 Who are public Requisites: To be a public officer, one must (PA)
officers?
 1. Take part in the performance of public functions in the gov’t, or performing in
said gov’t or in any of its branches, public duties as an employee, agent, or
subordinate official, of any rank or class; and
2. Have authority to take part in the performance of public functions or to perform
public duties by
a. Direct provision of the law
b. Popular election
c. Appointment by competent authority
Art. 204 Knowingly rendering Elements: Prisión mayor and perpetual absolute
unjust judgment 1. The offender is a judge disqualification.
2. The judgment is unjust
3. The judge knows that his judgment is unjust
a. Knowingly means consciously, intelligently, willfully, or intentionally. It
means sure knowledge, conscious & deliberate intention to do an
injustice
4. He renders a judgment in a case submitted to him for decision
Art. 205 Judgment rendered Elements: Arresto mayor and temporary special
through negligence 1. The offender is a judge disqualification
2. He renders a judgment in a case submitted to him for decision
3. The judgment is manifestly unjust
4. It is due to his inexcusable negligence or ignorance
Art. 206 Unjust interlocutory Elements: Arresto mayor in its minimum period and
order 1. The offender is a Judge suspension ® Knowingly
2. He renders unjust interlocutory order/decree
a. Knowingly Suspension ® Negligence
b. Through inexcusable Ignorance or Negligence
Art. 207 Malicious delay in the Elements: Prisión correccional in its minimum period
administration of 1. The offender is a judge
justice 2. There is a proceeding in his court
3. He delays the administration of justice
4. The delay is malicious, that is, the delay is caused by the judge w/ deliberate
intent to inflict damage on either party in the case
Art. 208 Prosecution of Punishable Acts: Prisión correccional in its minimum period
offenses; negligence 1. Maliciously refraining from instituting prosecution against violators of the law and suspension
and tolerance 2. Maliciously tolerating the commission of a crime

Elements of Dereliction of Duty in the Prosecution of Offenses

Art. 209 Betrayal of trust by an Punishable Acts:
attorney or solicitor
revelation of secrets
1. The offender is a public officer or officer of the law who has a duty to cause the
prosecution of, or to prosecute the offenses
2. Knowing the comission of the crime he does not cause the prosecution of the
criminal or knowing that a crime is about to be committed, he tolerates its
commission
a. Prevaricacion is the negligence of his duty to move for the prosecution
& punishment of a crime of w/c he is informed, *in case the alleged
crime was afterwards duly proven
3. The offender acts with malice & deliberate intent to favor the violator of the law
prisión correccional in its minimum period,
1. Causing damage to his client, either: or a fine ranging from P40,000 to
a. Any malicious breach of professional duty P200,000, or both
b. Inexcusable negligence or ignorance
2. Revealing any of the secrets of his client learned by him in his professional
capacity
 3. Undertaking the defense of the opposing party in the same case w/o the consent
of his 1st client after having undertaken the defense of said first client or after
having received confidential information from said client
a. Note: if the client consents to the attorney’s taking the defense
Art. 210 Direct bribery Punishable Acts: #1 ® prisión mayor in its minimum and
1. Agreeing to perform, or by performing, in consideration of any medium periods and a fine of not less than
offer/promise/gift/present, an act constituting a crime in connection w/ the 3x the value of the gift in addition to the
performance of his official duties penalty corresponding to the crime agreed
2. Accepting a gift in consideration of the execution of an act w/c doesn’t constitute upon
a crime, in connection w/ the performance of his official duty
3. Agreeing to refrain, or by refraining, from doing something w/c it is his official #2 ® if accepted same as #1 but if not
duty to do, in consideration of a gift or promise accepted prision correccional in its
medium period and a fine of not less
than twice the value of the gift.

#3 ® prision correccional in its maximum

periods to prision mayor in its minimum
periodand a fine of not less than 3x the
value of the gift

All shall also suffer special temporary

disqualification
Art. 211 Indirect bribery Elements: penalties of prision correccional in its
1. The offender is a public officer medium and maximum periods,
2. He accepts gifts and suspension, and public censure
3. The said gifts are offered to him by reason of his office
Art. 211-A Qualified bribery Elements: suffer the penalty for the offense which
1. The offender is a public officer entrusted with law enforcement was not prosecuted.
2. The offender refrains from arresting or prosecuting an offender who has
committed a crime punishable by reclusion perpetua and/or death
a. If the crime committed is punishable by a penalty less than reclusion
perpetua, the public officer is liable under A208 & direct bribery
3. The offender refrains from arresting or prosecuting the offender in consideration
of any promise, gift, or present
Art. 212 Corruption of public Elements: same penalties (preceding articles)
officials 1. The Offender makes to a public officer: imposed upon the officer corrupted,
a. Offers or promises; or except those of disqualification &
b. Gives gifts or presents; and suspension
2. The offers or promises are made or the gifts or presents given to a public officer,
under circumstances that will make the public officer liable for direct bribery or
indirect bribery
Art. 213 Fraud against the Fraud Against Public Treasury prisión correccional in its medium period
public treasury & 1. Entering into an agreement w/ any interested party/spectator or making use of to prisión mayor in its minimum period, or
similar offenses any other scheme to defraud the Gov’t in dealing w/ any person w/ regard to a fine ranging from P4,000 to P2,000,000,
furnishing supplies,themaking of contracts,or the adjustment/settlement of or both
accounts relating to public property/funds
2. Demanding directly or indirectly,the payment of sums different from or larger
than those authorized by law, in the collection of taxes, licenses, fees, andother
imposts
a. Note: Mere demand, even if debtor refuses, consummates the crime
of illegal exaction
 3. Failing voluntarily to issue a receipt, as provided by law, for any sum of money
collected by him officially, in the collection of taxes, licenses, fees, and other
imposts
4. Collecting or receiving directly or indirectly, by way of payment or
otherwise,things/objects of a nature different from that provided by law in the
collection of taxes, licenses, fees, and other imposts

Elements of Frauds Against Public Treasury Par. 1

1. The offender be a public officer
2. He should have taken advantage of his office, that is, he intervened in the
transaction in his official capacity
3. He entered into an agreement w/ any interested party/speculator or made use of
any other scheme w/ regard to
a. Furnishing supplies
b. The making of contracts
c. The adjustment/settlement of accounts relating to public property or
funds
4. The accused had intent to defraud the Government

Elements of Illegal Exactions Par. 2-4

1. The offender is a public officer entrusted with the collection of taxes, licenses,
fees, and other imposts
2. He is guilty of any of the following acts or omissions
a. Demanding directly or indirectly the payment of sums different from or
larger than those authorized by law
b. Failing voluntarily to issue a receipt, as provided by law, for any sum
of money collected by him officially
c. Collecting or receiving directly or indirectly by way of payment or
otherwise, things or objects of a nature different from that provided by
law
Art. 214 Other frauds Elements: Penalties prescribed in the provisions of
1. The offender is a public officer Chapter 6, Title 10, Book 2, of this Code +
2. He takes advantage of his official position temporary special disqualification in its
3. He commits any of the frauds or deceits enumerated in A315-318 (estafa, other maximum period to perpetual special
forms of swindling, swindling a minor, and other deceits) disqualification
Art. 215 Prohibited Elements: prisión correccional in its minimum period
transactions 1. The offender is an appointive public officer (e.g. justices, judges/fiscals, or a fine ranging from P40,000 to
employees engaged in the collection & administration of public funds P200,000, or both
2. The transaction takes place w/in the territory subject ot his jurisdiction
3. He becomes interested in the transaction during his incumbency
4. He becomes interested, directly or indirectly, in any transaction of
exchange/speculation
Art. 216 Possession of Persons Liable: arresto mayor in its medium period to
prohibited interest by 1. Public officer who directly or indirectly became interested in any contract or prisión correccional in its minimum period,
a public officer business in w/c it was his official duty to intervene or a fine ranging from P40,000 to
2. Experts, arbitrators, and private accountants who in like manner took part in any P200,000, or both
contract/transaction connected w/ the estate/property in the appraisal,
distribution, or adjudication of w/c they had acted
3. Guardians and executors w/ respect to the property belonging to their wards or
the estate
Art. 217 Malversation of public Punishable Acts: (TACO) prisión correccional in its medium &
funds or property – 1. Appropriating public funds/property maximum periods ® does not exceed
presumption of a. Note: to appropriate public funds/property includes every attempt to P40,000.
malversation dispose of the same w/o right
2. Consenting, or through abandonment/negligence, permitting any other person prisión mayor in its minimum & medium
to take such public funds or property period ® more than P40,000 but does not
3. Taking or misappropriating the same exceed P1,200,000.
4. Being otherwise guilty of the misappropriation or malversation of such
funds/property prisión mayor in its maximum period to
reclusion temporal in its medium period ®
Common Elements more P1,200,000 but does not exceed
1. The offender be a public officer P2,4000,000.
2. He had custody/control of funds/property by reason of the duties of his office
3. Those funds/property were public funds or property for which he was reclusión temporal in its medium &
accountable maximum periods ® more than
4. He appropriated, took, misappropriated/consented, or through P2,400,000 but does not exceed
abandonment/negligence, permitted another person to take them P4,400,000.

reclusion temporal in its maximum period,

if the amount ® more than P4,400,000 but
does not exceed P8,800,000.

If the amount exceeds the latter, the

penalty shall be reclusión perpetua

All cases ® penalty of perpetual special

disqualification and a fine equal to the
amount of the funds malversed or equal
to the total value of the property
embezzled.

Art. 218 Failure of accountable Elements: prisión correccional in its minimum period,
officer to render 1. The offender is a public officer, whether in the service or separated therefrom or by a fine ranging from P40,000 to
accounts 2. He must be an accountable officer for public funds or property P1,200,000, or both
3. He is required by law or regulation to render accounts to the Commission on
Audit, or to a provincial auditor
4. He fails to do so for a period of 2 months after such accounts should be rendered

NOTE! It is not necessary that there by a misappropriation.

Art. 219 Failure of responsible Elements: arresto mayor, or a fine ranging from
public officer to render 1. The offender is a public officer P40,000 to P1,200,000, or both
accounts before 2. He must be an accountable officer for public funds or property
leaving the country 3. He must have unlawfully left (or be on the point of leaving) the Philippines
without securing from the Commission on Audit a certificate showing that his
accounts have been finally settled
a. The act of leaving the country must be unauthorized or not permitted
by law
Art. 220 Illegal use of public Elements: prisión correccional in its minimum period
funds or property 1. The offender is a public officer or a fine ranging from 1/2 to the total of the
(technical 2. There is a public fund or property under his administration sum misapplied, if by reason of such
malversation) 3. Such public fund or property has been appropriated by law or ordinance misapplication, any damage or
embarrassment shall have resulted to the
 4. That he applies the same to a public use other than that for which such fund or public service + temporary special
property has been appropriated by law or ordinance disqualification.
Art. 221 Failure to make Punishable Acts: arresto mayor & a fine of from 5 to 25 % of
delivery of public 1. Failing to make payment by a public officer who is under obligation to make such the sum w/c he failed to pay.
funds or property payment from Government funds in his possession
a. Public officer has government funds in his possession fine shall be graduated in such case by the
b. He is under obligation to make payment from such funds value of the thing, provided that it shall not
c. He fails to make the payment, maliciously be less than P10,000.
2. Refusing to make delivery by a public officer who has been ordered by competent
authority to deliver any property in his custody/under his administration
Art. 222 Officers included in Private individuals who may be liable under A217-221
the preceding 1. Private indv’ls who, in any capacity whatsoever, have charge of any
provisions nat’l,provincial, or municipal funds, revenue, or property
2. Administrator or depository funds or property attached, seized, or deposited by
public authority even if such property belongs to a private indv’l
Art. 223 Conniving with or Elements: prisión correccional in its medium and
consenting to evasion 1. The offender is a public officer maximum periods and temporary special
2. He had in his custody or charge, a prisoner, either detention prisoner or prisoner disqualification in its maximum period to
by final judgment perpetual special disqualification ®
3. Such prisoner escaped from his custody sentenced by final judgment to any
4. He was in connivance with the prisoner in the latter’s escape penalty.

prision correccional in its minimum period

and temporary special disqualification ®
not have been finally convicted but only
held as a detention prisoner.
Art. 224 Evasion through Elements: arresto mayor in its maximum period to
negligence 1. The offender is a public officer prisión correccional in its minimum period
2. He is charged with the conveyance or custody of a prisoner, either detention and temporary special disqualification
prisoner or prisoner by final judgment
3. Such prisoner escapes through his negligence
Art. 225 Escape of prisoners Elements: suffer the penalty next lower in degree
under the custody of a 1. The offender is a private person than that prescribed for the public officer.
person not a public 2. The conveyance or custody of a prisoner or person under arrest is confided to
officer him
3. The prisoner/person under arrest escapes
4. The offender consents to the escape of the prisoner/person under arrest,or that
the escape takes place through his negligence
Art. 226 Removal, concealment Elements: prisión mayor and a fine not exceeding
or destruction of 1. The offender be a public officer P200,000 ® serious damage
documents 2. He abstracts, removes, conceals, or destroys documents or papers
a. The removal must be for an illicit purpose. However, infidelity in the prisión correccional in its minimum and
cutsody of documents thru destruction/concealment doesn’t require medium periods and a fine not exceeding
proof of an illicit purpose P200,000 ® damage is not serious.
b. It is for an illicit purpose when the intention of the offender is
i. To tamper with it Both cases ® additional penalty of
ii. To profit by it temporary special disqualification in its
iii. To commit an act constituting a breach of trust in the official maximum period to perpetual special
care thereof disqualification
c. Papers include checks, promissory notes, and paper money
3. The said documents or papers should have been entrusted to such public officer
by reason of his office
 4. Damage, whether serious or not, to a third party or to the public interest should
have been caused
Art. 227 Officer breaking seal Elements: prisión correccional in its minimum and
1. The offender is a public officer medium periods, temporary special
2. He is charged with the custody of papers or property disqualification and a fine not exceeding
3. These papers or property are sealed by proper authority P400,000
4. He breaks the seals or permits them to be broken
Art. 228 Opening of closed Elements: arresto mayor, temporary special
documents 1. The offender is a public officer disqualification and a fine not exceeding
2. He is not included in the provisions of A227 P400,000.
3. He is entrusted with the custody of closed papers, documents or object
4. He opens or permits the same to be opened without proper authority

Art. 229 Revelation of secrets Punishable Acts: Serious damage ® prisión correccional in
by an officer 1. Revealing any secret known to the offending public officer by reason of his its medium and maximum periods,
official capacity; and perpetual special disqualification and a
a. Elements fine not exceeding P400,000
i. The offender is a public officer
ii. He knows of a secret by reason of his official capacity Not serious damage ® prisión
iii. He reveals such secret without authority or justifiable reasons correccional in its minimum period,
iv. Damage, great or small, be caused to the public interest temporary special disqualification and a
2. Delivering wrongfully papers or copies of papers of which he may have charge fine not exceeding P100,000 shall be
and which should not be published imposed.
a. Elements
i. The offender is a public office
ii. He has charge of papers
iii. Those papers should not be published
iv. He delivers those papers or copies thereof to a third person
v. The delivery is wrongful
vi. Damage be caused to the public interest
Art. 230 Public officer revealing Elements: arresto mayor and a fine not exceeding
secrets of private 1. The offender is a public officer P200,000
individual 2. He knows of the secrets of a private indv’l by reason of his office
3. He reveals such secrets without authority or justifiable reason
Art. 231 Open disobedience Elements: arresto mayor in its medium period to
1. The offender is a judicial or executive officer prisión correccional in its minimum period,
2. There is a judgment, decision, or order of a superior authority temporary special disqualification in its
3. Such judgment, decision, or order was made within the scope of the jurisdiciton maximum period and a fine not exceeding
of the superior authority and issued with all legal formalities P200,000
4. The offender, without any legal justification, openly Refuses to execute said
judgment, decision, or order, which he is duty bound to obey
Art. 232 Disobedience to order Elements: penalties of prisión correccional in its
of superior officer 1. The offender is a public officer minimum and medium periods and
when said order was 2. An order is issued by his superior for execution perpetual special disqualification.
suspended by inferior 3. He has for any reason suspended the execution of such order
officer 4. His superior disapproves the suspension of the execution of the order
5. The offender disobeys his superior despite the disapproval of the suspension
Art. 233 Refusal of assistance Elements: Serios damage ® arresto mayor in its
1. The offender is a public officer medium period to prisión correccional in
2. A competent authority demands from the offender that he lend his cooperation its minimum period, perpetual special
towards the administration of justice or other public service disqualification and a fine not exceeding
P200,000
 a. Note: includes a request from one public officer to another official in
administration of justice or other public service Otherwise ® arresto mayor in its medium
3. The offender fails to do so maliciously and maximum periods and a fine not
exceeding P100,000 shall be imposed.
Art. 234 Refusal to discharge Elements: arresto mayor/a fine not exceeding
elective office 1. The offender is elected by popular election to a public office P200,000/both
2. He refuses to be sworn in or to discharge the duties of said office
3. There is no legal motive for such refusal to be sworn in or to discharge the duties
of said office
Art. 235 Maltreatment of Elements: Maltreatment only ® prision correccional
prisoners 1. The offender is a public officer or employee in its medium period to prision mayor in its
2. He has under his charge a prisoner convicted by final judgment or a detention minimum period, in addition to his liability
prisoner for the physical injuries or damage caused
3. He maltreats such prisoner in either of the following manners
a. Overdoing himself in the correction or handling of a prisoner or Extort confession/gather information ®
detention prisoner under his charge either prision mayor in its minimum period,
i. The imposition of punishment not authorized by the temporary special disqualification and a
regulations fine not exceeding P100,000, in addition to
ii. Inflicting such punishments (those authorized) in a cruel and his liability for the physical injuries or
humiliating manner damage caused.
b. Maltreating such prisoner to extort a confession or to obtain some
information from the prisoner
Art. 236 Anticipation of duties Elements: suspended from such office or
of a public office 1. The offender is entitled to hold a public office/employment, either by employment until he shall have complied
election/appointment; with the respective formalities and shall be
2. The law requires that he should first be sworn in and/or should first give a bond. fined from P40,000 to P100,000.
3. The he assumes the performance of the duties and powers of such office; and
4. He has not taken his oath of office and/or given the bond required by law
Art. 237 Prolonging Elements: (PEE) prisión correccional in its minimum period,
performances of 1. The offender is holding a public office; special temporary disqualification in its
duties and powers 2. The period provided by law/regulations/special provisions for holding such minimum period and a fine not exceeding
office, has already expired; and P100,000
3. He continues to exercise the duties & powers of such office
Art. 238 Abandonment of office Elements: Abandon his office ® penalty of arresto
or position 1. The offender is a public officer; mayor.
2. He formally resigns from his position;
a. There must be a written or formal resignation To evade the discharge of the duties of
3. His resignation has not yet been accepted; and preventing, prosecuting or punishing any
4. He abandons his office to the detriment of the public service. of the crimes falling within Title 1, and
Chapter 1 of Title 3 of Book 2 of this Code
® prisión correccional in its minimum and
medium periods

To evade the duty of preventing,

prosecuting or punishing any other crime
® arresto mayor
Art. 239 Usurpation of Elements: prisión correccional in its minimum period,
legislative powers 1. The offender is an Judicial/Executive officer; temporary special disqualification and a
2. He: fine not exceeding P200,000
a. Makes general rules/regulations beyond the scope of his authority;
b. Attempts to repeal a law; or
c. Suspends the execution thereof.
Art. 240 Usurpation of Elements: arresto mayor in its medium period to
executive powers 1. The offender is a Judge; and prisión correccional in its minimum period.
2. He:
a. Assumes a power pertaining to the executive authorities; or
b. Obstructs the executive authorities in the lawful exercise of their
powers.
Art. 241 Usurpation of judicial Elements arresto mayor in its medium period to
functions 1. The offender is an officer of the executive branch of the Gov't; prisión correccional in its minimum period
2. He
a. Assumes judicial powers; or
b. Obstructs the execution of any order/decision rendered by any judge
w/i his jurisdiction.

Art. 242 Disobeying request for Elements: arresto mayor and a fine not exceeding
disqualification 1. The offender is a public officer; P100,000
2. A proceeding is pending before such public officer;
3. There is a question brought before the proper authority regarding his jurisdiction,
which is not yet decided;
4. He has been lawfully required to refrain from continuing the proceeding; and
5. He continues the proceeding.
Art. 243 Orders or requests by Elements: arresto mayor and a fine not exceeding
executive officers to 1. The offender is an executive officer; P100,000.
any judicial authority 2. He addresses any Ooder/suggestion to any judicial authority; and
3. The order/suggestion relates to any case/business coming within the exclusive
jurisdiction of the courts of justice
Art. 244 Unlawful appointments Elements: arresto mayor and a fine not exceeding
1. The offender is a public officer; P200,000.
2. He nominates/appoints a person to a public office;
3. Such person lacks the legal qualifications therefor; and
4. The offender knows that his nominee/appointee lacks the qualification at the time
he made the nomination/appointment.
Art. 245 Abuses against Punishing Acts: prisión correccional in its medium and
chastity – penalties 1. Soliciting/making immoral/indecent advances to a woman Interested in the maximum periods and temporary special
matters pending before the offending officer for decision, or w/ respect to which disqualification
he is required to submit a report to/consult w/ a superior officer;
2. Soliciting/making immoral/indecent advances to the wife/daughter/sister/relative wife, daughter, sister or relative within the
w/i the same degree by affinity of any person in the custody of the offending same degree by affinity of any person in
warden/officer; and the custody of such warden or officer ®
3. Soliciting/making immoral/indecent advances to a woman nnder the offender’s prisión correccional in its minimum and
custody. medium periods and temporary special
disqualification..
Elements:
1. The offender is a public officer;
2. He solicits/makes immoral/indecent advances to a woman.
3. Such woman must be:
a. Interested in matters pending before the offender for decision, or w/
respect to w/c he is required to submit a report to/consult w/ a superior
officer;
b. Under the custody of the offender who is a warden/other public officer
directly charged w/ the care & custody of prisoners/persons under
arrest; or
 c. The wife/daughter/sister/relative w/i the same degree by affinity of the
person in the custody of the offender
i. Note: the mother of the person in the custody of the offender
is not included
Art. 246 Parricide Elements: reclusión perpetua to death
1. That a person is killed
2. That the deceased is killed by the accused
3. That the deceased is the Father, Mother, or Child, whether legitimate or
illegitimate, or other legitimate Ascendant or Descendant or the legitimate
Spouse of the accused

Cases of parricide when the penalty shall NOT be reclusion perpetua to death
1. Parricide through negligence (A365)
2. Parricide by mistake (A49)
3. Parricide under exceptional circumstances
Art. 247 Death or physical Elements: Destierro
injuries inflicted under 1. That a legally married person or a parent surprises his spouse or his daughter,
exceptional the latter under 18 years of age & living w/ him, in the act of committing sexual
circumstances intercourse with another person
2. That he kills any or both of them or inflicts upon any or both of them any serious
physical injury, in the act or immediately thereafter
3. That he has not promoted or facilitated the prostitution of his wife/daughter or
that he has not consented to the infidelity of the other spouse

Persons who are not entitled to the benefits of A247

1. Any person who shall Promote the prositution of his wife or daughter
2. Any person who shall Facilitate the prostitution of his wife or daughter
3. Any person who shall Consent to the infidelity of the other spouse
Art. 248 Murder Elements: reclusión perpetua to death
1. That a person was Killed
2. That the Accused killed him
3. That the killing was attended by any of the Qualifying circumstances mentioned
in A248
4. That the killing is Not parricide or infanticide

Qualifying Circumstances
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 a 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 Calamities enumerated in the preceding paragraph, or of an
earthquake, eruption of a volcano, destructive cyclone, epidemic, or any other
public calamity
5. With Evident premeditation
6. With Cruelty, by deliberately and inhumanly augmenting the suffering of the
victim or outraging or scoffing at his person or corpse
Art. 249 Homicide Elements: RPC ® reclusion temporal
1. That a person was Killed
 2. That the accused killed him Without any justifying circumstance RA7610 where the victim is under 12 years
3. That the accused had the Intention to kill, which is presumed of age ® reclusion perpetua
4. That the killing was Not attended by any of the qualifying circumstances of
murder, or by that of parricide or infanticide
Art. 250 Penalty for frustrated Courts may impose a penalty 2 degrees
parricide, murder or lower for frustrated parricide, murder, or
homicide homicide

Courts may impose a penalty 3 degrees

lower for attempted parricide, murder, or
homicide

Art. 251 Death cause in a Elements: Identified ® prisión mayor.

tumultuous affray 1. That there be Several persons
2. hat they did Not compose groups organized for the common purpose of Not identified ® prisión correccional in its
assaulting & attacking each other reciprocally, otherwise, they may be held liable medium and maximum periods shall be
as co-conspirators imposed upon all those who shall have
3. That these several persons quarreled and Assaulted one another in a confused used violence upon the person of the
and tumultous manner victim.
4. That someone was Killed in the course of the affray
5. That it can’t be Ascertained who actually killed the deceased
6. That the person/s who inflicted serious Physical Injuries or who used violence
can be identified
Art. 252 Physical injuries Elements: Serious physical injuries ® penalty next
inflicted in a 1. That there is a Tumultuous affray as referred to in A251 lower in degree than that provided for the
tumultuous affray 2. That a participant or some participants thereof suffer serious Physical injuries or physical injuries so inflicted.
physical injuries of a less serious nature only
3. That the person Responsible therefore can’t be identified Less physical injuries ® arresto from 5 to
4. That all those who appear to have used Violence upon the person of the offended 15 days.
party are known
Art. 253 Giving assistance to Punishable Acts: Assistance ® prisión mayor
suicide 1. Assisting another to commit suicide, whether the suicide is consummated or not
2. Lending his assistance to another to commit suicide to the extent of doing the Assistance to the point of killing the
killing himself person himself ® reclusion temporal
Art. 254 Discharge of firearms Elements: prisión correccional in its minimum and
1. That the offender Discharges a firearm against or at another person medium periods
2. That the offender has No intention to kill that person
Art. 255 Infanticide Elements: Infaticide ® reclusion perpetua to death
1. That a child was Killed
2. That the deceased child was Less than 3 days (72 hours) of age Committed by the mother to conceal her
3. That the Accused killed the said child honor ® prisión mayor in its medium and
maximum periods

Maternal grandparents of the child for the

same purpose ® reclusion temporal
Art. 256 Intentional abortion Elements: Reclusión temporal ® Use any violence
1. There is a Pregnant woman; upon the person of the pregnant woman.
2. Violence is exerted, or drugs/beverages administered, or that the accused
otherwise acts upon such pregnant woman; Prisión mayor ® without using violence,
3. As a result of the use of violence/drugs/beverages upon her/any other act of the he shall act without the consent of the
accused, the fetus Dies, either in the womb/after having been expelled there woman.
from; and
 4. That the abortion is Intended prisión correccional in its medium and
maximum periods ® if the woman shall
Punishable Acts: have consented.
1. Using any Violence upon the person of the pregnant woman;
2. Acting, w/o using violence & w/o the Consent of the woman by administering
drugs/beverages upon such pregnant woman w/o her consent; and
3. Acting, w/ the Consent of the pregnant woman by administering
drugs/beverages

Persons Liable
1. The person who intentionally caused the abortion under A256
2. The pregnant woman if she consented under A258
Art. 257 Unintentional abortion Elements: prisión correccional in its minimum and
1. That there is a Pregnant woman medium period
2. That violence is used upon such pregnant woman Without intending an abortion
3. That the Violence is intentionally exerted
a. Violence refers to the actual physical force
4. That as a result of the violence, the fetus Dies, either in the womb or after having
been expelled therefrom
Art. 258 Abortion by woman Elements: Woman ® prisión correccional in its
hereself and her 1. That there is a pregnant woman who has suffered an Abortion medium and maximum periods
parents 2. That the abortion is Intended
3. That the abortion is caused by: Woman to conceal her honor ® prisión
a. The Pregnant woman herself correccional in its minimum and medium
b. Any Other person, with her consent periods.
c. Any of her Parents with her consent, for the purpose of concealing her
dishonor Parents of the pregnant woman + consent
from woman to conceal her honor ®
prisión correccional in its medium and
maximum periods.
Art. 259 Abortion practiced by Persons Liable Physician or midwife ® penalties provided
a physician or midwife 1. A physician or midwife who, taking advantage of their scientific knowledge or in A256 shall be imposed in its maximum
in dispensing of skill, shall cause an abortion or assist in causing an abortion period
abortives a. That there is a pregnant woman who has suffered an Abortion
b. That the abortion is Intended Pharmacist w/o proper prescription from a
c. That the offender, who must be a Physician or midwife, causes or physician ® arresto mayor + a fine not
assists in causing the abortion exceeding P100,000.
d. That said physician or midwife takes Advantage of his/her scientific
knowledge or skill
2. A pharmacist who, without proper prescription from a physician, shall dispense
any abortive
a. That the offender is a Pharmacist
b. That there is No proper prescription from a physician
c. That the offender Dispenses any abortive
Art. 260 Responsibility of Punishable Acts: Kill ® reclusion temporal
participant in a duel 1. Killing one’s adversary in a duel
2. Inflicting upon such adversary physical injuries Physical injuries ® suffer the penalty
3. Making a combat although no physical injuries have been inflicted provided therefor, according to their
nature.
Persons Liable
1. The person who killed/inflicted physical injuries upon his adversary or both Any other case where no physical injuries
combatants in any other case, as principals have been inflicted ® arresto mayor
 2. The seconds, as accomplices
Seconds ® accomplices
Art. 261 Challenging to a duel Punishable Acts: prisión correccional in its minimum period
1. Challenging another to a duel
2. Inciting another to give or accept a challenge to a duel
3. Scoffing or decrying another publicly for having refused to accept a challenge to
fight a duel

Persons Liable:
1. Challenger
2. Instigators
Art. 262 Mutilation 1. Punishable Acts: Castration ® reclusion temporal to
2. By intentionally mutilating another by depriving him either totally or partially of reclusion perpetua
some essential organ for reproduction (castration)
a. Elements: Mayhem ® prisión mayor in its medium
i. That there be castration, that is, mutilation of organs and maximum periods.
necessary for generation such as penis or ovarium
ii. That the multiation is caused purposely and deliberately, that Under RA 7610 §10, the penalty for other
is, to deprive the offended party of some essential organ for intentional mutilation if the victim is under
reproduction 12 years of age is reclusion perpetua
b. Note: intentionally depriving the victim of the reproductive organ does
not necessarily involve the cutting off of the organ or any part thereof.
It suffices, that it is rendered useless. The penalty imposed shall be
higher when the victim is under 12 yearsof age
3. By intentionally making other mutilation, that is by lopping or clipping off any part
of the body of the offendedparty, other than the essential organ for reproduction,
to deprive him of that part of the body (mayhem)
Art. 263 Serious physical Punishable Acts: #1 ® prison mayor
injuries 1. Wounding
2. Beating #2 ® prisión correccional in its medium
3. Assaulting and maximum periods
4. Administering Injurious substance
#3 ® prisión correccional in its minimum
Serious Physical Injuries: and medium periods
1. When the injured person becomes insane, imbecile,impotent, or blind as a
consequence of the physical injuries inflicted #4 ® arresto mayor in its maximum period
2. When the injured person: to prisión correccional in its minimum
a. Loses the use of speech or the power to hear or to smell, or loses an period
eye, a hand, a foot,an arm, or a leg
b. Loses the use of any such member Qualified Serious Physical Injuries
c. Becomes incapacitated for the work in which he was therefore #1 ® reclusión temporal in its medium and
habitually engaged, in consequence of the physical injuries inflicted maximum periods
3. When the person injured
a. becomes deformed #2 ® prisión correccional in its maximum
i. Requisites of deformity period to prisión mayor in its minimum
1. Physical Ugliness period
2. Permanent and definite abnormality
3. Conspicuous and visible #3 ® prisión correccional in its medium
b. loses any other member of his body and maximum periods
c. loses the use thereof
#4 ® prisión correccional in its minimum
and medium periods.
 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 fo rmore than 30
days (but must NOT be more than 90 days) as a result of the physical injuries
inflicted (30 days < x ≤ 90 days)

Qualifying Circumstances:
1. Offense committed against persons enumerated in the crime of parricide
2. With the attendance of any of the circumstances mentioned in the article defining
the crime of murder
Art. 264 Administering injurious Elements:
substances or 1. That the offender inflicted upon another any Serious physical injury.
beverages 2. That it was done by Knowingly administering to him any injurious
substances/beverages or by taking Advantage of his weakness of mind or
credulity
3. That he had No intent to kill
a. It is frustrated murder if there was intent to kill, the injurious substance
to be considered as poison
Art. 265 Less serious physical Elements: Regular ® arresto mayor
injuries 1. The offended party is Incapacitated for labor for 10 days or more but not more
than 30 days or needs medical attendance for the same period ® 10 days ≤ x ≤ Qualified
30 days
2. The physical injuries must Not be those described in the preceding articles #1 ® In addition to the penalty of arresto
mayor, a fine not exceeding P50,000 shall
Qualified Less Serious Physical Injuries be imposed.
1. A fine not exceeding P50,000 in addition to arresto mayor shall be imposed for
less serious physical injuries when #2 ® prisión correccional in its minimum
a. There is manifest Infest to insult or offend the injured person and medium periods, provided
b. There are circumstnaces adding Ignominy
2. A higher penalty is imposed when the victim is either
a. the offender’s Parent, Ascendant, Guardian, Curator, or Teacher,
b. Persons of rank or persons in Authority provided the crime is not direct
assault
Art. 266 Slight physical injuries Punishable Acts: #1 ® arresto menor
and maltreatment 1. Physical injuries which incapacitated the offended party for labor from 1-9 days
or required medical attendance during the same period #2 ® arresto menor or a fine not
2. Physical injuries which did not prevent the offended party from engaging in his exceeding P40,000 and censure
habitual work or which did not require medical attendance
3. Ill treatment of another by deed w/o causing any injury #3® arresto menor in its minimum period
or a fine not exceeding P5,000
Art. 266-A Rape Punishable Acts: #1 ® reclusion perpetua.(Art. 266-B)
1. Rape by Sexual intercourse
a. Elements #2 ® prision mayor (Art. 266-B)
i. That the offender is a Man
ii. That the offender had Carnal knowledge of a woman
iii. That such act is accomplished under any of the ff
circumstances;
1. (a) By using Force, threat,or intimidation
2. (b) When the woman is Deprived of reason or
otherwise unconscious
 3. (c) By means of Fraudulent machination or grave
abuse of authority
4. (d) When the woman is Under 12 years of age or
demented
2. Rape Through Sexual Assault
a. Elements
i. That the offender commits an act of sexual assault
ii. That the act sexual assault is committed by any of ff means:
1. By inserting his penis into another person’s Mouth
or anal origice
2. By inserting any Instrument or object into the genital
or anal orificeof another person
iii. That the act of sexual assault is accomplished under any of
the circumstances enumerated under the first act of
committing rape
Art. 266-B Qualified Rape Special Complex Crime: *Look at codal
1. When the rape is attempted and a homicide is committed by reason of or on the
occasion of attempted rape
2. When by reason of or on occasion of consummated rape, homicide is committed

As to Age & Relationship

1. When the victim is a child below 7 yo
2. When the victim is under 18 yo and the offender is a parent, ascendant, step-
parent, guardian, relative by consanguinity or affinity w/in the 3rd civil degree, or
the common law spouse of the parent of the victim
a. The statement that evictim is the “minor daughter” of the offenderis
not enough. It’s essential that the information must state the exact age
of the victim at the time of the commission of the crime
b. The relationship of stepdaughter and stepfahter presupposes an
legitimate relationship between the victim’s mother and the offender
i.e. they were married after the dissolution of the marriage of the
victim’s mother to her father

Place of commission and Abuse of Position of Offender

1. When the victim is under the custody of the police or military authorities or any
law enforcement or penal institution
2. When committed by any member of the AGP or para-military units thereof of the
PNP or any law enforcement agency or penal institution, when the offender took
advantage of his position to facilitate the commission of the crime

As to Presence of Other Persons

1. When the rape is committed in full view of the spouse, parent, or any of the
children or other relatives within the 3rd civil degree of consanguinity
2. When rape is committed with the use of a deadly weapon or by 2 or more persons

As to the Knowledge of the Offenders

1. When the victim is a religious engaged in legitimate religious vocation or calling
and is personally known to be such by the offender before or at the time of the
commission of the crime
2. When the offender knows that he is afflicted w/ hIv/AIDS or any other sexually
transmissible disease & the virus/disease is transmitted to the victim
3. When the offender knew of the pregnancy of the offended party at the time of
the commission of the crime
 4. When the offender knew of the mental disability, emotional disorder, and/or
physical disability of the offended party at the time of the commission of the
crime

As to the Result of the Commission of the Rape

1. When by reason or occasion of rape, the victim has become insane
2. When by reason or on the occasion of the rape, the victim has suffered
permanent physical mutiliation or disability
Art. 266-C Effect of Pardon Effects of Pardon:
1. The subsequent valid Marriage btwn the offender & the offended party shall
extinguish;
a. The criminal action
b. The penalty already imposed
2. The subsequent Forgiveness of the wife to the legal husband shall extinguish the
criminal action or the penalty, provided that the crime shall not be extinguished
or the penalty shall not be abated if the marriage is void ab initio.
Art. 266-D Presumptions Evidence which may be accepted in the prosecution of rape:
1. Any Physical overt act manifesting resistance against the act of rape in any
degree from the offended party
2. Where the offended party is so situated as to render him/her Incapable of giving
his/her consent
Art. 267 Kidnapping and Punishable Acts: Reclusion perpetua to death
serious illegal 1. That the offender is:
setention a. Private indv’l who isn’t any of the parents of the victim nor a female **Look at instances when penalty will be
i. When the victim is a minor and the accused is any of the death
parents, the penalty is that provided for in A271 ¶2
b. Public officer who has no duty under the law to detain a person
i. A public officer (such as a policeman) who has a duty under
the law to detaina person but does so w/o legal ground is
liable for arbitrary detention (A124)
ii. Thus, a public officer who has no legal duty to detain a person
may be prosecuted for illegal detention and kidnapping
2. That he kidnaps or detains another; or in any other manner deprives the latter of
his liberty
3. That the act of detention or kidnapping must be Illegal
a. Detention is illegal when not ordered by competent authority or not
permitted by law
4. That in the commision of the offense, any of the ff circumstances is present
a. That the kidnapping or detention lasts for More than 3 days
b. That it is committed Simulating public authority
c. That any serious physical injuries are inflicted upon the person
kidnapped or detained or Threats to kill him are made
d. That the person kidnapped or detained is a Minor, Female, or a Public
official

When death penalty is imposed

1. If the purpose is to extort ransom
2. When the victim is killed or dies as a consequence of the detention
3. When the victim is raped
4. When the victim is subjected to torture or dehumanizing acts

Elements of Kidnapping for Ransom (LDE)

 1. Intent on the part of the accused to deprive the victim of his Liberty
2. Actual Deprivation of the victim of his liberty
3. Motive of the accused, which is Extorting ransom for the release of the victim
Art. 268 Slight illegal detention Elements: Reclusion temporal
1. That the offender is a Private individua
2. That he Kidnaps or detains another, or in any manner deprives him of his liberty Mitigating circumstance ® prisión mayor
3. That the act of kidnapping or detention is Illegal in its minimum and medium periods and a
4. That the crime is committed Without the attendance of the circumstances fine not exceeding P100,000.
enumerated in A26

Liability is mitigated when the ff circumstances concur: (RPC)

1. Offender voluntarily Releases the person so kidnapped or detained w/in 3 days
from the commencement of the detention
2. W/o having attained the Purpose intended
3. Before the institution of Criminal proceedings against him

Art. 269 Unlawful arrest Elements: penalty of arresto mayor + a fine not
1. That the offender arrests or detains another person exceeding P100,000
2. That the purpose of the offender is to deliver him to the proper authorities
3. That the arrest/detention is unauthorized by law or there is no reasonable ground
therefore
Art. 270 Kidnapping & failure to Elements: reclusión perpetua
return a minor 1. That the offender is entrusted with the custody of a minor person (less than 18
yo) Committed by a parent ® arresto mayor
2. That that he deliberately fails to restore the said minor to his parents/guardian

Note! This may also be done by the parent.

Art. 271 Inducing a minor to Elements: prision correccional + a fine not exceeding
abandon his home 1. That a minor (less than 18yo) is living in the home of his parents/guardian/person P100,000
entrusted w/ his custody
2. That the offender Induces said minor to abandon such home father or the mother of the minor (2
a. Inducement must be (a) actual, (b) committed with criminal intent, and preceeding articles) ® penalty shall be
(c) determined by a will to cause damage arresto mayor or a fine not exceeding
b. The crime committed may be exploitation of minors depending on the P40,000, or both.
purpose of the inducement
Art. 272 Slavery Elements: prisión mayor and a fine of not exceeding
1. That the offender purchases, sells, kidnaps, or detains a human being P10,000
2. That the purpose of the offender is to enslave such human being
Immoral traffic ® maximum period
Art. 273 Exploitation of child Elements: prisión correccional in its minimum and
labor 1. That the offender retains a minor in his service medium periods and a fine not exceeding
2. That it is against the will of the minor P500
3. That it is under pretext of reimbursing himself of a debt incurred by an ascendant,
guardian, or person entrusted with the custody of such minor
Art. 274 Services rendered Elements: arresto mayor in its maximum period to
under compulsion in 1. That the offender compels a debtor to work for him,either as a household servant prisión correccional in its minimum period
payment of debt or farm laborer
2. That it is against the debtor’s will
3. That the purpose is to require or enforce the payment of a debt
Art. 275 Abandonment of Punishable Acts: Arrestor mayor
persons in danger and 1. By failing to render assistance to any person whom the offender finds in an
Uninhabited place wounded or in danger of dying when he can render such
 abandonment of one’s assistance w/o detriment to himself, unless such omission shall constitute a
own victim more serious offense
a. Elements
i. Uninhabited Place: it is determined by possibility of person
receiving assistance from another. The place may still be
considered uninhabited in legal contemplation even if there
are many houses around but the possibility of receiving
assistance is remote.
ii. The accused found there is a person wounded or in danger
of dying
iii. The accused can render assistance without detriment to
himself
iv. The accused fails to render assistance
2. By failing to help or render assistance to another whom the offender has
accidentally wounded or injured
3. By failing to deliver a child under 7 yo whom the offender has found abandoned
to the authorities/to his family, or by failing to take him to a safe place
Art. 276 Abandoning a minor Elements: (C7AN) Child under 7 yo ® arresto mayor and a
1. That the offender has the custody of a child fine not exceeding P100,000
2. That the child is under 7 years of age
3. That he abandons such child Death resulted from the abandonment ®
4. That he has no intent to kill the child when the latter is abandoned prisión correccional in its medium and
maximum periods
Qualifying Circumstance (DL)
1. When the Death of the minor resulted from such abandonment Abandonment led to danger only ® be
2. If the Life of the minor was in danger bc of the abandonment prisión correccional in its minimum and
a. The act must be conscious and deliberate, such that the abandonment medium periods
deprives the child of the care and protection from danger to his person
Art. 277 Abandonment of minor Punishable Acts: arresto mayor and a fine not exceeding
entrusted with his 1. Delivering a minor to a public institution or other persons w/o the consent of the P100,000
custody; indifference one who entrusted such minor to the care of the offender or in the absence of
of parents that one, without the consent of the proper authorities
a. Elements of Abandonment of Minor (EPIC)
i. That the offender has charge of the rearing or education of a
minor
ii. That he delivers said minor to a public Institution or other
persons
iii. That the one who entrusted such child to the offender has not
consented to such act, or if the one who entrusted such child
to the offender is absent, the proper authorities have not
consented to it
2. Neglecting his (offender’s) children by not giving them the education w/c their
station in life requires & financial condition permits
a. Elements of Indifference of Parents
i. That the offender is a parent
ii. That he neglects his children by not giving them education
iii. That his station in life requires such education & his financial
condition permits it
Art. 278 Exploitation of minors Punishable Acts: prisión correccional in its minimum and
1. By Causing any boy/girl under 16 yo to perform any dangerous feat of balancing medium periods and a fine not exceeding
physical strength or contortion, the offender being any person P100,000
2. By Employing children under 16 years of age who are not children or
descendants of the offender in exhibitions of acrobat, gymnast, rope-walker,
 diver, or wild animal tamer, the offender being an acrobat etc., or circus manager
or engaged in a similar calling
3. By Employing any descendant under 12 years of age in dangerous exhibitions
enumerated in the next preceding ¶, the offender being engaged in any of the
said calling
4. By Delivering a child under 16 years of age gratuitously to any person following
any calling enumerated in ¶2, or to any habitual vagrant/beggar, the offender
being an ascendant, guardian, teacher, or person entrusted in any capacity w/
the care of such child
5. By Inducing anychild under 16 years of age to abandon the home of its
ascendants, guardians, curators, or teachers to follow any person engaged in
any calling mentioned in ¶2 or to accompany any habitual vagrant or beggar, the
offender being any person
a. The act must be of such nature as to endanger the life or safety of the
minor

Art. 279 Additional penalties for

other offenses
Art. 280 Elements: Simple trespass to dwelling ® by arresto
1. That the offender is a private person mayor and a fine not exceeding P200,000
2. That he enters the dwelling of another
3. That such entrance is against the will of the owner or occupant Qualified trespass to dwelling ® prisión
correccional in its medium & maximum
Qualifying Circumstance: If committed by means of violence/intimidation periods and a fine not exceeding
P200,000.
Art. 281 Other forms of Elements: arresto menor or a fine not exceeding
trespass 1. That the offender enters the closed premises or the fenced estate of another P40,000, or both
2. That the entrance is made while either of them is 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
Art. 282 Grave threats Punishable Acts: (PIO-EmBu) Attained his purpose ® penalty next lower
1. Threatening another w/ the infliction upon his person, honor, or property or that in degree foe the crime he threatened to
of his family of any wrong amounting to a crime and demanding money/imposing commit
any other condition even though not unlawful, and the offender attained his
purpose (w/ condition) Did not attain his purpose ® penaly 2
a. Elements of Grave Threats Where the Offender Attained His Purpose degrees lower
(ICDA)
i. That the offender threatens another person w/ the infliction In writing or through a middle mand
upon the latter’s person/honor/property/upon that of latter’s (qualifying circumstances) ® maximum
family, of any wrong
ii. That such wrong amounts to a crime No condition ® arresto mayor and a fine
iii. That there is a demand for money or that any other condition not exceeding P100,000
is imposed, even though not unlawful
iv. That the offender attains his purpose
2. Making such threat w/o the offender attaining his purpose (w/ condition:
elements for this act are the same w/ the 1st except the purpose is not attained)
3. Threatening another w/ the infliction upon his person, honor, or property or that
of his family of any wrong amounting to a crime,the threat not being subject to a
condition (w/o condition)
a. Elements of Grave Threats NOT Subject to a Condition
 i. That the offender threatens another person w/ the infliction
upon the latter’s person/honor/property/upon that of latter’s
family, of any wrong
ii. That such wrong amounts to a crime
iii. That the threat is not subject to a condition
Art. 283 Light threats Elements: Arrestor mayor
1. That the offender makes a threat to commit a wrong
2. That the wrong does not constitute a crime
3. That there is a demand for money or that other condition is imposed, even though
not unlawful
4. That the offender has attained his purpose or that he has not attained his
purpose
Art. 284 Bond for good When a person is required to give bail bond Bond is additional penalty aside from Art.
behavior 1. When he threatens another under the circumstances mentioned in A282 282 and/or Art. 283
2. When he threatenes another under the circumstances mentioned in A283
Fail to give bail ® destierro
Art. 285 Other light threats Punishable Acts: Arresto menor in its minimum period or a
1. Threatening another w/ a weapon or drawing such weapon in a quarrel, unless it fine not exceeding P40,000
be in lawful self-defense
2. Orally threatening another, in the heat of anger, w/ some harm constituting a
crime, w/o persisting in the idea involved in his threat
3. Orally threatening to do another any harm not constituting a felony
Art. 286 Grave coercion Elements: Prision correccional and a fine not
1. That a person prevented another from doing something not prohibited by law, exceeding P100,000
or by Compelling him to do something against his will be it right/wrong
2. That the prevention or compulsion be effected by violence, threats, or Perform any religious act or to prevent him
intimidation from so doing ® penalty next higher in
3. That the person that restrained the will and liberty of another has no right to do degree
so or in other words,the the restraint is not made under authority of law or in
the exercise of any right

Punishable Acts:
1. Preventing another by means of violence, threats, or intimidation, from doing
something not prohibited by law (Preventive)
a. Note: if the thing prevented from execution is prohibited by law, there
is no grave coercion, but some other crimes
2. Compelling another by means of violence, threats, or intimidation, to do
something against his will,whether it be right or wrong (Compulsive)
Art. 287 Light coercion Par. 1 Elements: Par 1 ® Arresto mayor in its minimum
1. That the offender must be a creditor period and a fine equivalent to the value
2. That he seizes anything belonging to his debtor of the thing, but in no case less than
3. That the purpose of the offender is to apply the same to the payment of the debt P15,000.

Par 2 or Unjust Vexation Par 2 ® Arresto menor or a fine ranging

• It includes any human conduct w/c although not productive of some physical or from P1,000 to not more than P40,000, or
material harm would however unjustly annoy or vex an innocent person both.
• It is distinguished from grave & light coercions by the absence of violence
• Light coercion will be unjust vexation when the element of violence or
intimidation is absent
Art. 288 Other similar Punishable Acts: Arresto mayor or a fine ranging from
coercions (compulsory P40,000 to P100,000, or both
purchase of
 merchandise & 1. By forcing or compelling, in/directly, or knowingly permitting the forcing or
payment of wages by compelling of the laborer/employee of the offender to purchase merchandise or
means of tokens commodities of any kind from him
a. Elements
i. That the offender is any person, agent, or officer of any
association or corporation
ii. That he or such firm or corporation has employed laborers or
employees
iii. That he forces/compels, in/directly, or knowingly permits to
be forced/compelled, any of his/its laborers or employees to
purchase merchandise or commodities of any kind from him
or from said firm or corporation
2. By paying the wages due his laborer or employee by means of tokens or objects
other than the legal tender currency of the PH unless expressly requested by
such laborer or employee
a. Elements:
i. That the offender pays the wages due a laborer/employee
employed by him by means of tokens or objects
ii. That those tokens/objects are other than the legal tender
currency of the PH
iii. That such employee/laborer does not expressly request that
he be paid by means of tokens/objects

Art. 289 Formation, Elements: Arresto mayor and a fine not exceeding
maintenance & 1. That the offender employs violence/threats in such a degree as to compel/force P60,000
prohibition of the laborers/employees in the free+legal exercise of their industry/work
combination of capital 2. That the purpose is to organize, maintain, or prevent coalitions of capital or
or labor through laborers or lockout of employers
violence or threats
Art. 290 Discovering secrets Elements: Reveal secret ® prisión correccional in its
through seizure of 1. That the offender is a private individual or even a public officer not in the exercise minimum and medium periods and a fine
correspondence of his official function not exceeding P100,000
2. That he seizes the papers or letters of another
3. That the purpose is to discover the secrets of such other person Does not reveal secret ® arresto mayor
4. That the offender is informed of the contents of the papers or letters seized and a fine not exceeding P100,000.
Art. 291 Revealing secrets with Elements: Arresto mayor and a fine not exceeding
abuse of office 1. That the offender is a Manager, Employee, or Servant P100,000
2. That he learns the secrets of his principal or master in such capacity
3. That he reveals such secrets
Art. 292 Revelation of industrial Elements: Prisión correccional in its minimum and
secrets 1. That the offender is a person in charge, employee, or workman of a medium periods and a fine not exceeding
manufacturing or industrial establishment P100,000
2. That the manufacturing or industrial establishment has a secret of the industry
which the offender has learned
3. That the offender reveals such secrets
4. That prejudice is caused to the owner
Art. 293 Who are guilty of Classification of Robbery
rebbery? 1. Robbery with violence against or intimidation of persons = A294,297,298
2. Robbery by use of force upon things = A299,302

Elements of Robbery in General: (PUTi-VF)

1. There be personal property (bienes muebles) belonging to another

Art. 294 Robbery with violence Punishable Acts:
against or intimidation
of persons
Art. 295 Robbery with physical Qualified Robbery w/ Violence Against or Intimidation of Persons: Nos. 3-,4,5 of A294 if
injuries, committed in committed
an uninhabited place
and by a band or with
the use of firearm on a
street, road or alley
Art. 296 Definition of a band Outline
and penalty incurred
by the members
thereof
2. There is unlawful Taking (apoderamiento or asportacion) of that property
3. The taking must be with intent to gain (animus lucrandi)
4. There is violence against or Intimidation of any person or force used upon things
#1 & #2 ® Reclusion perpetua to death
1. When by reason/on occasion of the robbery, the crime of homicide is committed
2. When the robbery is accompanied by rape or intentional mutiliation or arson #3 ® reclusión temporal in its medium
3. When by reason/on occasion of such robbery, any of the physical injuries period to reclusión perpetua
resulting in insanity, imbecility/impotency/blindness is inflicted – A263(1)
4. When by reason/on occasion of robbery, any of the physical injuries penalized in #4 ® reclusión temporal
A263(2) is Inflicted
a. When the person injured #5 & #6 ® prisión mayor in its medium
i. Loses the use of speech or the power to hear or to smell or period to reclusión temporal in its medium
loses an eye, a hand, a foot, an arm, or a leg period
ii. Loses the use of any such member
iii. Becomes incapacitated for the work in which he was Other cases (#7) ® prisión correccional to
therefore habitually engaged, in consequence of the physical prisión mayor in its medium period
injuries inflicted
5. If the violence or intimidation employed in the commission of the robbery is
carried to a degree clearly unnecessary for the commission of the crime
6. When in the course of its execution, offender shall have inflicted upon any person
Not responsible for its commission any physical injuries in A263(3-4)
a. when the person injured
i. Becomes deformed
ii. Loses any other member of his body
iii. Loses the use thereof
iv. Becomes ill or incapacitated for the performance of the work
in e/c he was habitually engaged for more than 90 days in
consequence of the physical injuries inflicted
v. When the injured person becomes ill/incapacitated for labor
for more than 30 days (but must not be more than 90 days)
as a result of the physical injuries inflicted
7. If the violence employed by the offender does not cause and of the Serious
physical injuries defined in A263 or if the offender employs intimidation only
(simple robbery)
Art. 294 par. 3, 4 or 5 + qualifying
circumstances (Art. 295) ® maximum
1. In an uninhabited place (despoblado) period or the proper penalties prescribed
2. By a band (en cuadrilla) in Art. 294
3. By attacking a moving train, streetcar, motorvehicle, or airship
4. By entering the passengers’ compartments in a train, or in any manner taking the Leader of the band ® 1 degree hand
passengers by surprise in their respective conveyances
5. On a street, road, highway, or alley, and the initmidation is made w/ use of
firearms
1. When at least 4 armed malefactors take part in the commission of a robbery, it
is deemed committed by a band
2. When any of the arms used in the commission of robbery is not licensed, the
penalty upon all malefactors shall be the maximum of the corresponding penalty
provided by law w/o prejudice to the criminal liability for illegal possession of
firearms
 3. Any member of a band who was present at the commission of a robbery by the
band shall be punished as principal of any assaults committed by the
band,unless it be shown that he attempetd to prevent the same

Note! A296,just like a295,applies only to robbery A294 ¶3,4,5, not to robbery w/
homicide/rape/intentional mutilation/arson/physical injuries in ¶1 of A263

Requisites for Liability for the Acts of Other Members of the Band:
1. He was a member of the band
2. He was present at the commission of a robbery by that band
The other members of that band committed an assault
3. He did not attempt to prevent the assault
Art. 297 Attempted and Special Complex Crime of Attempted or Frustrated Robbery w/ Homicide reclusión temporal in its maximum period
frustrated robbery • When by reason or on occasion of an attempted/frustrated robbery, a homicide to reclusión perpetua, unless the homicide
committed under is committed committed shall deserve a higher penalty
certain circumstances o Homicide under this article is a lso used in its generic sense. It includes under the provisions of this Code.
any other unlawful killing.
o However, if the killing legally consituted murder or parricide, the offense
will continue to be covered by A297 w/ the technical name stated
therein, but the penalty shall be for murder or parricide bc A297 states
unless the homicide (killing committed shall deserve a higher penalty
under this Code”
• The penalty is the same whether the robbery is attempted or frustrated
o If robbery is not consummated, the crimes of robbery and
attempted/frustrated homicide:
§ May be complexed (A48)
§ Considered as separate crimes
§ Considered as 1 crime, 1 absorbing the other
Art. 298 Execution of deeds by Elements:
means of violence or 1. The offender has intent to defraud another
intimidation 2. The offender compels him to sign, execute, or deliver any public instrument or
document
3. The compulsion is by means of violence or intimidation
Art. 299 Robbery in an Elements: (Subdivision A) If the value of the property taken shall
inhabited house/public 1. The offender Entered: exceed P50,000 ® Reclusion temporal,
building or edifice a. An inhabited house;
devoted to worship b. A public bldg.; or Offenders do not carry arms, and the value
c. An edifice devoted to religious worship; of the property taken exceeds P50,000 ®
2. The entrance was effected by any of the ff means: Penalty next lower in degree (prison
a. Through an opening not intended for entrance/egress; mayor)
b. By breaking any wall/roof/floor/door/window;
c. By using false keys/picklocks/similar tools; Offenders are armed, but the value of the
d. By using any fictitious name/pretending the exercise of public property taken does not exceed P50,000
authority; and ® Penalty next lower in degree (prision
3. Once inside the bldg., the offender took personal property belonging to another mayor)
with intent to gain
Offenders do not carry arms and the value
Elements: (Subdivision B) of the property taken does not exceed
1. The offender is inside a dwelling house/public bldg./edifice devoted to religious P50,000 ® Penalty prescribed in the 2
worship, regardless of the circumstances under which he entered. next preceding paragraphs, in its
2. The offender takes personal property belonging to another w/ intent to gain under minimum period
any of the ff circumstances:
 a. By the breaking of doors/wardrobes/chests/any other kind of sealed Dependencies of an inhabited house,
furniture/receptacle public building, or building dedicated to
i. Note: Term door under this subd refers only to doors, religious worship ® the penalties next
lids/opening sheets of furniture/other portable receptacles – lower in degree than those prescribed in
not to inside doors of house/bldg. this article shall be imposed.
b. By taking such furniture/objects away to be broken open outside the
place of the robbery
Art. 300 Robbery in an Under this Article, robbery w/ force upon things is qualified when committed in an maximum period of the penalty provided
uninhabited place and uninhabited place AND by a band, as distinguished from qualified robbery w/ violence or therefor.
by a band intimidation of persons which is committed in an uninhabited place OR by a band
Art. 301 What is an uninhabited Inhabited House: It means any shelter, ship, or vessel constituting the dwelling of 1 or
house, public building more persons,even though the inhabitants thereof shall temporarily be absent therefrom
or building dedicated when the robbery is committted
to religious worship
and their Dependencies of an Inhabited House, Public Building, or Building Dedicated to Religious
dependencies Worship
1. All interior courts, corrals, warehouses, granaries, barns, coach houses, stables,
or other departments or enclosed places
a. Contiguous to the building or edifice
b. Having an interior entrance connected therewith
c. Which form part of the whole

Orchards and other lands used for cultivation or production are not included in the term
“dependencies” even if closed, contiguous to the bldg, and having direct connection
therewith

Public Building: It includes every bldg owned by the Gov’t or belonging to a private person,
used/rented by the Gov’t, although temporarily unoccupied by the same
Art. 302 Robbery in an Elements: If the value of the property taken exceeds
uninhabited place or in 1. The offender entered an uninhabited house/a bldg. which wasn’t a dwelling P50,000 ® prisión correccional in its
a private building house, not a public bldg./not an edifice devoted to religious worship; medium and maximum periods
2. Any of the following circumstances was present:
a. The entrance was effected through an opening not intended for If the property taken does not exceed
entrance/egress; P50,000 ® Penalty next lower in degree
b. A wall/roof/floor/door/window was broken; shall be imposed.
c. The entrance was effected through the use of false
keys/picklocks/similar tools; In any of the previous articles, it property
d. A doors/wardrobes/chests/any sealed/closed furniture/receptacle was taken is large cattle ® Penalties next
broken; or higher in degree than those provided
e. A closed/sealed receptacle was removed, even if the same be broken
open elsewhere; and
3. with intent to gain, the offender took personal property belonging to another
Art. 303 Robbery of cereals, Robbery described in 299 and 302 consists in taking cereals, fruits or firewood Penalty is 1 degree lower when cereals,
fruits or firewood in an fruits, or firewood are taken in robbery w/
uninhabited place or force upon things
private building

Art. 304 Possession of Elements: Possess tools or makes tools ® arresto

picklocks or similar 1. The offender has in his possession picklocks or similar tools mayor in its maximum period to prisión
tools 2. Such picklocks or similar tools are specially adopted to the commission of correccional in its minimum period
robbery
3. The offender does not have lawful cause for such possession
 locksmith ® prisión correccional in its
medium and maximum periods
Art. 305 False keys Inclusions:
1. Genuine keys stolen from the owner
2. Any keys other than those intended by the owner for use in the lock forcibly
opened by the offender
3. Tools mentioned in the next preceding article
PRESIDENTIAL Philippine Highway ® Refers to any road, street, passage, highway, & bridges or other
DECREE NO. parts thereof or railway/railroad w/in PH used by persons/vehicles/locomotives/trains for
532: modified the movement or circulation of persons/transportation of goods, articles, or property or
A306+307 both

Highway Robbery/Brigandage ® The seizure of any person for ransom, extortion or for
other unlawful purposes, or the taking away of the property of another person by means
of violence against or the intimidation of persons or force upon things or other unlawful
means, committed by any person on any PH highway

Elements (HIV)
1. The robbery should take place along the PH Highway
2. The act of robbery must be indiscriminate; it should not be an isolated case
3. Victim was not predetermined; robbery must be directed not only against
specific/intended/perceived victims but against any & all prospective victims
Art. 306 Brigandage Elements: Prisión mayor in its medium period to
1. There must be at least 4 armed persons reclusión temporal in its minimum period if
2. They form a band of robbers the act or acts committed by them are not
3. The Purpose is any of the ff punishable by higher penalties
a. To commit robbery in a highway
b. To kidnap persons for the purpose of extortion or to obtain ransom Anyone carries unlicensed firearms ®
c. To attain by means of force & violence any other purpose maximum penalty
Art. 307 Aiding and abetting a Elements: prisión correccional in its medium period
band or brigands 1. There is a band of brigands to prisión mayor in its minimum period.
2. The offender does any of the ff acts
a. He aids, abets, or protects such band of brigands
b. He gives them information on the movements of the police or other
peace officers of the gov’t
c. He acquires or receives property taken by such brigands
3. The offender knows the band to be of brigands
a. It shall be presumed that the person performing any of the acts
provided in this article has performed them knowingly, unless the
contrary is proven
Art. 308 Who are liable for theft Elements of Theft:
1. There be taking of personal property
2. Such property belongs to another
3. The taking be done w/ intent to gain
a. Note: Gain means not only the acquisition of a thing useful to the
purpose of life but also the benefit which in any other use may be
derived or expected from the act w/c is performed
4. The taking be done without the consent of the owner
5. The taking be accomplished w/o the use of violence against or intimidation of
persons or force upon things

Theft is Likewise Committed by

 1. Any person who, having found lost property, shall fail to deliver the same to the
local authorities or to its owner
2. Any person who, after having maliciously damaged the property of another, shall
remove or make use of the fruitts/object of the damage caused by him
3. Any person who shall enter an enclosed estate or a field where trespass is
forbidden or which belongs to another and w/o the consent of its owner, shall
hunt/fish upon the same or shall gather fruits, cereals, or other forest or farm
products
a. Elements
i. There is an enclosed estate/field where trespass is forbidden
or which belongs to another
ii. The offender enters the same
iii. The offender hunts or fishes upon the same or gathers fruits,
cereals, or other forest/farm products in the estate/field
iv. The hunting/fishing/gather of products is without the consent
of the owner
Art. 309 Penalties The Basis of Penalty in Theft is: Look at codal :)
1. The value of the thing stolen and in some cases:
a. The value and nature of the property taken; or
b. The circumstances or causes that impelled the culprit to commit the
crime
Art. 310 Qualified Theft There is qualified theft in the ff instances: Qualified theft ® Punished by the
1. Theft is committed by a domestic servant; penalties next higher by 2 degrees than
2. Committed with grave abuse of confidence; those mentioned in Art. 309
3. The property stolen consists of coconuts taken from the premises of a plantation;
4. The property stolen is fish taken from a fishpond/fishery; or
5. Property is taken on the occasion of fire/earthquake/typhoon/volcanic
eruption/any other calamity/vehicular accident/civil disturbance; or
6. The property stolen is (a) motor vehicle/(b) mall matter/(c) large cattle

Elements of qualified theft by grave abuse of confidence: (TAI-WAG)

1. There’s taking of personal property;
2. Said property belongs to another;
3. Said taking be done w/ intent to gain;
4. It be done w/o the consent of the owner; and
5. It be accomplished w/o the use of violence against/intimidation of persons/force
upon things; and
6. It be done w/ grave abuse of confidence
Art. 311 Theft of the property Theft of the property of National Library and Museum has a fixed penalty regardless of its Arresto mayor or a fine ranging from
of the National Library value. P40,000 to P100,000, or both, unless a
and National Museum higher penalty should be provided under
other provisions of this Code

Art. 312 Occupation of real Punishable Acts: In addition to the penalty incurred for the
property or usurpation 1. Taking possession of any real property belonging to another by means of acts of violence executed by him, shall be
of real rights in violence against or intimidation of persons punished by a fine of from 50-100 % of the
property 2. Usurping any real rights in property belonging to another by means of violence gain he shall have obtained, but not less
against or intimidation of persons than P15,000.

Elements:
 1. The offender takes possession of any real property or usurps any real rights in If the value of the gain cannot be
property ascertained, a fine of from P40,000 to
2. The real property or real rights belong to another P100,000 shall be imposed
3. Violence against or intimidation of persons is used by the offender in occupying
real property/usupring real property/usurping real right in property
4. There is intent to gain
Art. 313 Altering boundaries or Elements: arresto menor or a fine not exceeding
landmarks 1. There be boundary marks/monuments of towns, provinces, or estates, or any P20,000, or both
other marks intended to designate the boundaries of the same
2. The offender alters said boundary marks
Art. 314 Fraudulent insolvency Elements: Merchant ® prisión mayor
1. The offender is a debtor, that is, he has obligations due and demandable
2. He absconds w/ his property and Not merchant ® prisión correccional in its
3. There be prejudice to his creditors maximum period to prisión mayor in its
medium period
Art. 315 Swindling/Estafa Elements in General: 1st ® Penalty of prisión correccional in its
1. The accused defrauded another by abuse of confidence/by means of deceit; and maximum period to prisión mayor in its
2. Damage/prejudice capable of pecuniary estimation is caused to the offended minimum period, if the amount of the fraud
party/third persons is over P2,400,000 but does not exceed
3. Damage/prejudice may consist of: P4,400,000, and if such amount exceeds
a. The offended party being deprived of his money/property as a result of the latter sum, the penalty provided in this
the defraudation; ¶ shall be imposed in its maximum period,
b. Disturbance in property rights; or adding 1 year for each additional
c. Temporary prejudice P2,000,000; but the total penalty which
may be imposed shall not exceed 20 years
Ways of Committing Estafa
1. With unfaithfulness or abuse of confidence ® No. 1 2nd ® Prisión correccional in its minimum
a. Art. 315 No. 1(a): With unfaithfulness & medium periods, if amount of fraud is
i. Elements over P1,200,000 but does not exceed
1. The offender has an onerous obligation to deliver P2,400,000
something of value;
2. He alters its substance, quantity or quality; or 3rd ® Arresto mayor in its maximum period
3. Damage or prejudice capable of pecuniary to prisión correccional in its minimum
estimation is caused to the offended party or third period, if such amount is over P40,000 but
persons does not exceed P1,200,000
b. Art. 315 No. 1 (b): With abuse of confidence
i. Elements 4th ® Arresto mayor in its medium and
1. Money, goods, or other personal property be maximum periods, if such amount does
received by the offender in trust, or on commission, not exceed P40,000
or for obligation involving the duty to make delivery
of, or return, the same
2. There be misappropriation or conversion of such
money or property by the offender, or denial on his
part of such receipt;
3. Such misappropriation or conversion or denial is to
the prejudice of another; and
4. There be demand made by the offended party to the
offender
c. Art. 315 No. 1 (c): By taking undue advantage of the signature in blank
i. Elements
1. The paper with the signature of the offended party
in the blank
 2. The offended party should have delivered it to the
offender
3. Above the signature of the offended party a
document is written by the offender without authrity
to do so; and
4. The document so written creates a liability of, or
causes damage to the offended party or a third
person
2. By means of deceit ® No. 2
a. General Elements
i. There must be false pretense, fraudulent act or fraudulent
means
ii. Such false pretense, fraudulent act or fraudulent means must
be made or executed prior to or simultaneously with the
commission of the fraud
iii. The offended party must have relied on the false pretense,
fraudulent act or fraudulent means, that is, he was induced to
part with his money or property because of the false pretense,
fraudulent act or fraudulent means; and
iv. As a result thereof, the offended party suffered damages
b. Ways of committing estafa by means of deceit
i. Art. 315 No. 2(a)
1. Using fictitious name or false pretenses and other
similar deceit
2. By falsely pretending to possess
a. Power
b. Influence
c. Qualifications
d. Property
e. Credit
f. Agency
g. Business
ii. Art. 315 No. 2(b)
1. By altering the quality, fineness, or weight of
anything pertaining to his art/business
iii. Art. 315 No. 2 (c)
1. By pretending to have bribed any Gov’t employee
iv. Art. 315 No. 2 (d)
1. By postdating a check or issuing a check in
payment of an obligation
2. Elements
a. The offended postdated check, or issued
a check in payment of an obligation; and
b. Such postdating or issuing a check was
done when the offender had no funds in
the bank, or his funds deposited therein
were not sufficient to cover the amount of
the check
v. Art. 315 No. 2 (e)
1. By obtaining food/accommodation at a hotel, etc
2. Punishable acts
a. Obtaining food, refreshment or
accommodation at hotel, inn, restaurant,
 boarding house, lodging house or
apartment house without paying thereof,
with intent to defraud the propretor or
manager thereof
b. Obtaining a credit card at any of the said
establishments by use of any false
pretense; or
c. Abandoning or surreptitiously removing
any part of his baggage from any of the
said establishments after obtaining credit,
food, refreshments or accommodation
therein, without paying therefor
3. Through fraudulent means
a. By inducing another to sign any document
i. Elements
1. That the offender induced the offended party to sign
a document;
2. That deceit be employed to make him sign the
document;
3. That the offended party personally signed the
document; and
4. That prejudice be caused
b. By resorting to some fraudulent practice to insure success in gambling
c. By removing, concealing, or destroying documents
i. Elements
1. There be court record, office files, documents or any
other papers;
2. That offender removed, concealed or destroyed any
of them; and
3. The offender had intent to defraud another
Art. 316 Other forms of Persons Liable: Arresto mayor in its minimum and medium
swindling 1. Any person who, pretending to be the owner of any real property, shall convey, periods and a fine of not less than the
sell, encumber, or mortgage the same value of the damage caused and not more
a. Elements than 3x such value
i. The thing be immovable such as a parcel of land or a building
(which must be of actual existence)
ii. The offender who is not the owner of said property should
represent that he is the owner thereof
iii. The offender should have executed an act of ownership
(selling, leasing, encumbering or mortgaging the real
property)
iv. The act be made to the prejudice of the owner or a third
person
b. Note: If the thing does not exist, the crime is estafa by means of false
pretenses under a315(2)(a)
2. Any person who, knowing that real property is encumbered, shall dispose of the
same, although such encumbrance be not recorded
a. Elements
i. The thing disposed of be real property
ii. The offender knew that the real property was encumbered,
whether the encumbrance is recorded or not (hence, the
principle of constructive notice does not apply)
 iii. There must be express representation by the offender that the
real property is free from encumbrance
iv. The act of disposing of the real property be made to the
damage of another
b. Encumbrance: it means every right/interest in the land w/c exists in
favor of third persons
3. The owner of any personal property who shall wrongfully take it from its lawful
possessor, to the prejudice of the latter or any third person
a. Elements
i. The offender is the owner of personal property
ii. Said personal property is in the lawful possession of another
iii. The offender wrongfully takes it from its lawful possessor (if
taken from an unlawful possessor, A429 of Civil Code applies)
iv. Prejudice is thereby caused to the possessor or third person
b. Note: The crime will still be estafa even if the owner takes the
personality from the lawful possessor under the modes of taking in theft
or robbery which latter crimes cannot be committed by the owner on
his property
4. Any person who, to the prejudice of another, shall execute any fictitious contract
5. Any person who shall accept any compensation for services not rendered or
labor not performed
a. Note: This act requires fraud as an essential element. If there’s no fraud,
it only becomes solutio indebiti, w/ the civil obligation to return the
wrong payment
6. Any person who shall sell, mortgage, or encumber real property w/ w/c the
offender guaranteed the fulfillment of his obligation as surety
a. Elements
i. The offender is a surety in a bond given in a criminal or civil
action
ii. He guaranteed the fulfillment of such obligation w/ his real
property/ies
iii. He sells, mortgages, or in any manner encumbers said real
property
iv. Such sale, mortgage, or encumbrance is
1. Without express authority from the court
2. Made before the cancellation of his bond
3. Before being relieved from the obligation contracted
by him
Art. 317 Swindling a minor Elements: Arresto mayor and a fine of a sum ranging
1. The transaction is to the detriment of such minor from 10 to 50 % of the value of the
2. The offender takes advantage of the inexperience/emotions/feelings of a minor obligation contracted by the minor.
3. The consideration is some loan of money, credit, or other personal property
a. If real property, A318 applies; a minor can’t convey real property w/o
judicial authority
4. He induces such minor to assume an obligation or to give release or to execute
a transfer of any property right
Art. 318 Other deceits Punishable Acts: #1 ® Arresto mayor + a fine of not less
1. Defrauding or damaging another by any other deceits not mentioned in the than the amount of the damage caused &
preceding articles not more than twice such amount
2. By (a) interpreting dreams; (b) making forecasts, telling fortunes; (c) taking
advantage of the credulity of the public in any other manner for profit/gain #2 ® Arresto menor or a fine not
exceeding P40,000.
Art. 319 Chattel mortgage Punishable Acts: Arresto mayor or a fine amounting to twice
1. Knowingly removing any personal property mortgaged under the Chattel the value of the property
Mortgage Law to any province/city other than the one in w/c it is located at the
time of execution of mortgage, w/o the written consent of the mortgagee or his
executors, administrators, or assigns
a. Elements
i. Personal property is mortgaged under Chattel Mortgage Law
ii. The offender knows that such property is so mortgaged
iii. He removes such mortgaged personal property to any
province/city other than the 1 in w/c it was located at the time
of the execution of the mortgage
iv. The removal is permanent
v. There is no written consent of mortgagee, executors,
administrators, or assigns to such removal
2. Selling or pledging personal property already pledged, or any part thereof, under
the terms of the Chattel Mortgage Law, w/o the consent of the mortgagee written
on the back of the mortgage and noted on the record thereof in the office of the
register of deeds of the province where such property is located
a. Elements
i. Personal property is already pledged under Chattel Mortgage
Law
ii. Offender, who is the mortgagor, sells or pledges the same
property or any part thereof
iii. No consent of mortgagee written on the back of the mortgage
and noted on the record thereof in the Office of the Register
Arson Note: Articles 320 to 326-B are repealed or amended by Presidential Decree No. 1613.

The laws on arson in force today are P.D. No. 1613 and Article 320, as amended by R.A.
No. 7659. The provisions of P.D. No. 1613 which are inconsistent with R.A. No. 7659 (such
as Section 2 of P.D. No. 1613) are deemed repealed.

Kinds of Arson:
1. Arson (P.D. No. 1613, Sec. 1);
2. Destructive arson (RPC, Art. 320, as amended by R.A. No. 7659); and
3. Other cases of arson (P.D. No. 1613, Sec. 3)
Art. 320 Destructive arson Destructive Arson: Reclusion perpetua to death
1. 1 or more buildings or edifices consequent to 1 single act of burning, or as a
result of simultaneous burnings, or committed on several/different occasions
2. Any building of public or private ownership devoted to the public in general or
where people usually gather or congregate for a definite purpose such as, but
not limited to, official governmental function or business, private governmental
function or business, private transaction, commerce, trade workshop, meetings,
and conferences, or merely incidental to a definite purpose such as but not
limited to hotels, motels, transient dwellings, public conveyances or stops or
terminals, regardless of whether the offender had knowledge that there are
persons in said building or edifice at the time the building is actually inhabited or
not
3. Any train or locomotive, ship, or vessel, airship/airplane, devoted to
transportation or conveyance or for public use, entertainment, or leisure
4. Any building, factory, warehouse installation andany appurtenances thereto,
which are devoted to the service of public utilities
 5. Any building the burning of which is for the purpose of concealing or destroying
the evidence of another violation of law, or for the purpose of concealing
bankruptcy or defrauding creditors or to collect from insurance

There is also Destructive Arson

1. When the arson is committed by 2 or morepersons, regardless of whether their
purpose is merely to burn or destroy the building or the burning merely
constitutes an overt act in the commission of another violation of the law
2. When any person shall burn;
a. Any arsenal, shipyard, storehouse, or military power/fireworks factory,
ordinance, storehouse, archives, or general museum of the Gov’t
b. In an Inhabited place,any storehouse or factory of inflammable or
explosive materials

PD No. 1613 Sec. 3: Other Cases of Arson

1. Any building used as offices of the government or any of its agencies
2. Any inhabited house/dwelling
3. Any industrial establishment, shipyard, oilwell, or mine shaft, platform or tunnel
4. Any plantation, farm, landpasture, growing crop, grain field, Orchard, bamboo
grove or forest
5. Any rice mill, sugar mill, cane mill, or mill central
6. Any railway or bus station, airport, wharf or warehouse

Special Aggravating Circumstance in Arson

1. If committed with intent to gain
2. If committed for the benefit of another
3. If the offender is motivated by spite or hatred towards the owner/occupant of the
property burned
4. If committed by a syndicate – planned or carried out by 3 or more persons

Art. 324 Crimes involving Elements of the Crime Reclusion temporal if the commission has
destruction 1. The offender causes destruction endangered the safety of any person;
2. Destruction is caused by any of the following means: otherwise the penalty of prision mayor
a. explosion shall be imposed.
b. discharge of electric current
c. inundation, sinking or stranding of a vessel, intentional damaging of the
engine of said vessel
d. taking up the rails from a railway track
e. maliciously changing railway signals for the safety of moving trains
f. destroying telegraph wires and telegraph posts, or those of any other
system
g. using any other agency or means of destruction as effective as those
above-enumerated
Art. 327 Who are liable for Malicious Mischief ® The willful damaging of another’s property for the sake of causing
malicious mischief damage due to hate, revenge, or other evil motive

Elements:
1. The offender deliberately caused damage to the property of another
2. Such act does not constitute arson or other crimes involving destruction
3. The act of damaging another’s property be committed merely for the sake of
damaging it
 a. The 3rd element presupposes that the offender acted due to hate,
revenge, or other evil motive
Art. 328 Special cases of Special Cases of Malicious Mischief are: Prisión correccional in its minimum and
malicious mischief 1. Causing damage to obstruct the performance of public functions medium periods, if the value of the
2. Using poisonous or corrosive substances damage caused exceeds P200,000
3. Causing damage to the property of the National Museum/Library or to any
archive of registry,waterworks,road,promenade, or any other thing used in Arresto mayor, if such value does not
common by the public exceed the abovementioned amount but
4. Spreading any infection or contagion among cattle is over P40,000

Arresto menor, if such value does not

exceed P40,000.
Art. 329 Other mischiefs Mischiefs not included in the next preceding article and are punished according to the Arresto mayor in its medium and
value of damage caused maximum periods, if the value of the
damage caused exceeds P200,000

Arresto mayor in its minimum and medium

periods, if such value is over P40,000 but
does not exceed P200,00A

Srresto menor or fine of not less than the

value of the damage caused and not more
than P40,000, if the amount involved does
not exceed P40,000, or cannot be
estimated.
Art. 330 Damage and Person Liable: Any person who shall damage any railway, telegraph, or telephone lines Damage ® prisión correccional in its
obstruction to means medium and maximum periods
of communication Qualifying Circumstance: Damage shall result in the derailment of cars, collision, or other
accident Derailment of cars, collision or other
accident ® prisión mayor
Art. 331 Destroying or Persons Liable Statue/public monument ® arresto mayor
damaging statues, 1. Any person who shall destroy or damage statues or any other useful/ornamental in its medium period to prisión
public monuments or public monuments correccional in its minimum period.
paintings 2. Any person who shall destroy or damage any useful or ornamental painting of a
public nature Painting ® arresto menor or a fine not
exceeding P40,000, or both
Art. 332 Persons exempt from Crimes Involved in the Exemption:
criminal liability 1. Theft
2. Swindling (estafa)
3. Malicious mischief

Persons Exempted
1. Spouses
a. In relation ot A147-8 of the Family Code, common law spouses are co-
owners of the property; as such, exemption should be construed in
favor of common law spouses by reason of being co-owners
2. Ascendants and descendants, relatives by affinity in the same line
a. This should include stepparents and stepchildren bc they are
ascendants and descendants by legitimate affinity
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together
 a. This should include legitimate and illegitimate half-brother and sisters
for the law did not limit the term to legitimate and adopted full
brothers/sisters.
b. However, stepbrothers and stepsisters should be excluded for they are
not relatives either by affinity or blood
4. Widow (if the property is not yet divided for then she is a co-owner)
5. Stepfather, adopted father, natural children, concubine, paramour included as
ascendants by affinity

When Exemption Does Not Apply

1. In case of strangers participating in the commission of the crime
2. If the crimes of theft, swindling, and malicious mischief are complexed w/
another crime
Art. 333 Adultery Persons Liable: Prisión correccional in its medium and
1. The married woman who engages in sexual intercourse with a man not her maximum periods
husband
2. The man who knowing of the marriage of the woman has sexual intercourse with Abandoned without justification by the
her offended spouse ® The penalty next
lower in degree than that provided in the
Elements: next preceding paragraph shall be
1. That the woman is married imposed.
2. that she has sexual intercourse with a man not her husband
3. That as regards the man w/ whom she has sexual intercourse, he must know her
to be married
Art. 334 Concubinage Elements: Husband ® prisión correccional in its
1. That the man must be married minimum and medium periods
2. That he committed any of the following acts
a. Keeping a mistress in the conjugal dwelling (mistress must live therein Concubine ® Destierro
as such)
b. Having sexual intercourse under scandalous circumstances w/ a
woman who is not his wife (proof of actual sexual relations not required
as long as it can be inferred)
c. Cohabiting with her in any other place (as husband and wife)
3. As regards the woman, she must know him to be married
Art. 335 When and how rape is A335 has been repealed by RA 8253 (Anti-Rape Law of 1997) effective 10/22/1997.
committed Provisions on Rape are found in A266A-D under Crimes against Persons
Art. 336 Acts of lasciviousness Elements: prisión correccional
1. That the offender commits any act of lasciviousness or lewdness
2. That the act of lasciviousness is committed against a person of either sex
3. That it is done under any of the following circumstances
a. By using force or intimidation
b. When the offended party is deprived of reason or otherwise
unconscious
c. By means of fraudulent machination or grave abuse of authority
d. When the offended party is under 12 years of age or is demented
Art. 337 Qualified seduction Two Classes: #1 ® prisión correccional in its minimum
1. Seduction of a virgin over 12 years and under 18 years of age by persons who and medium periods
abuse their authority/the confidence reposed in them
2. Seduction of a sister by her brother or descendant by her ascendant, regardless #2 ® penalty next higher in degree
of her age & reputation

Elements
 1. That the offended party is a virgin
2. She must be over 12 and under 18 years of age
3. That the offender had sexual intercourse w/ her
4. That there is abuse of authority, confidence, or relationship on the part of the
offender
Art. 338 Simple seduction Elements: Arresto mayor
1. That the offended party is over 12 and under 18 years of age
2. That she must be of good reputation, single or widow
3. That the offender has sexual intercourse w/ her
4. That it is committed by means of deceit
Art. 339 Acts of lasciviousness Elements: Arresto mayor
with the consent of the 1. That the offender commits acts of lasciviousness or lewdness
offended party 2. That the acts are committed upon a woman who is a (1) virgin or single/a widow
of good reputation, (2) under 18 years of age but over 12 years, or (3) a sister or
descendant regardless of her reputation or age
3. That the offender accomplishes the acts by abuse of authority, confidence,
relationship, or deceit
Art. 340 Corruption of minors Punishable Acts: Promoting or facilitating the prostitution or corruption of persons Prisión mayor
as amended by BP 92 underage to satisfy the lust of another
If public officer/employee ® Added
Look at BP 92 penalty of temporary absolute
disqualification
Art. 341 Whit slave trade Punishable Acts: Prisión correccional in its medium and
1. Engagingin the business of prostitution maximum
2. Profiting by prostitution
3. Enlisting the services of women for the purpose of prostitution Under RA 7610 §10,the penalty for white
slavvery if the victim is unnder 12 years of
age shall be graduated 1 degree higher.
Art. 342 Forcible Abduction Elements: Reclusion temporal
1. That the person abducted is a woman regardless of her age,civil status, or
reputation
2. That the abduction is against her will
3. That the abduction is with lewd designs

Art. 343 Consented abduction Elements: Prisión correccional in its minimum and
1. That the offended party must be a virgin medium periods.
2. That she must be over 12 and under 18 years of age
3. That the taking away of the offended party must be with her consent
4. That the taking away of the offended party must be with lewd designs
Art. 344 Prosecution of the How Prosecuted
crimes of adultery, 1. Adultery and concubinage must be prosecuted upon the complaint signed by
concubinage, the offended spouse (and in the absence of an express/implied pardon)
seduction, abduction, 2. Seduction, abduction, & acts of lasciviousness must be prosecuted upon the
rape and acts of complaint signed by (& in absence of an express pardon) the offended party
lasciviousness a. Even if a minor, or
b. If of legal age and not incapacitated, only if she can file complaint

If a minor or incapacitated and refuses to file either of the next succeeding persons may
file
1. Either of the parents
2. Either of the grandparents whether paternal or maternal side
3. Legal or judicial guardians
 4. The State, as parens patriae when the offended party dies or becomes
incapacitated before she could file the complaint and she has no known parents,
grandparents, or guardians
Art. 345 Civil liability of persons Persons who are guilty of rape, seduction, or abduction shall also be sentenced
guilty of crimes 1. To indemnify the offended woman
against chastity 2. To acknowledge the offspring except
a. In adultery and concubinage, since only an illegitimate child may be
acknowledged
b. Where either the offended party or the accused is married
c. When paternity cannot be determined as in multiple rape
d. Other instances where the law should prevent the offender from doing
so
3. In every case to Support the offspring
Art. 346 Liability of ascendants, Persons who cooperate as accomplices but are punished as principals in seduction, Punished as principals
guardians, teachers or abduction, acts of lasciviousness, acts of lasciviousness with the consent of the offended
other persons party, corruption of minors, white slave trade Teachers or persons entrusted w/
entrusted with the 1. Ascendants education and guidance of the youth ®
custody of the 2. Guardians Also penalized with temporary special
offended party 3. Curators disqualification in its maximum period to
4. Teachers perpetual special disqualification
5. Any person who cooperates as accomplice w/ abuse of authority or confidential
relationship Those falling within the terms of the article
shall be punished w/ special
disqualification from filling the office of
guardian

Art. 347 Simulation of births, Punishable Acts: Prisión mayor and a fine of not exceeding
substitution of one 1. Simulatiion of births P200,000
child for another, and 2. Substitution of 1 child for another
concealment or 3. Concealing or abandoning anylegitimate child w/ intent to cause such child to Physician or surgeon or public officer ®
abandonment of a lose its civil status Added penalty of temporary special
legitimate child disqualification
In concealing or abandoning ang legitimate child, 3 requisites must be present, namely:
1. The child must be legitimate
2. The offender conceals or abandons such child
3. The offender has the intent to cause such child to lose its civil status
Art. 348 Usurpation of civil Usurping the civil status of anotherr is committed by assuming the filiation or the Purpose is to defraud offended party of his
status parental/conjugal rights of another, w/ intent to enjoy the rights arising from the civil status heirs® penalty of prisión mayor
of the latter
Otherwise ® prisión correccional in its
medium and maximum periods
Art. 349 Bigamy Elements: Prison Mayor
1. That the offender is legally married
2. That the marriage has not been dissolved or in case the spouse is absent, the
absent spouse could not yet be presumed dead according to Civil Code
3. That he contracts a second or subsequent marriage
4. That the 2nd or subsequent marriage has all the essential requisites for validity
Art. 350 Marriage contracted Elements: Prisión correccional in its medium and
against provisions of 1. That the offender contracted marriage maximum per
law (Illegal Marriage) 2. That he knew at the time that
a. The requirements of the law were not complied with
b. The marriage was in disregard of a legal impediment
 3. The offender must not be guilty of bigamy With qualifying circumstance ® Maximum
period of the penalty provided in the next
Qualifying Circumstance: If either of the contracting parties obtains the consent of the preceding paragraph.
other by means of violence, intimidation, or fraud
Art. 351 Premature marraiges A351 already decriminalized. RA10655 [appr. 03/13/2015] decriminalized the contracting of a
premature marriage by a woman but w/o prejudice to the provisions of the Family Code on
paternity and filiation
Art. 352 Performance of illegal Priests/ministers of any religious denomination or sect, or civil authorities who shall
marriage ceremony perform or authorize any illegal marriage ceremony shall be punished under the Marriage
Law
Art. 353 Libel Elements:
1. That there must be an imputation of a crime or a vice or defect, real or imaginary,
or any act/omission/condition/status/circumstance
2. That the imputation must be made publicly
3. That it must be malicious
4. That the imputation must be directed at a natural person or a juridical person
or one who is dead
5. That the imputation must tend to cause the dishonor, discredit, or contempt of
the person defamed
Art. 354 Requirement of The PRESUMPTION of malice is rebutted if it is shown by the accused that
publicity 1. The defamatory imputation is true, in case the law allows proof of the truth of the
imputation
2. It is published with good intention
3. There is justifiable motive for making it

MALICE is not presumed in the ff cases involving qualifiedly privileged communication

1. Private communication made by any person to another in the performance of
any legal, moral, or social duty
a. Requisites of the first kind of privileged communication
i. That the person who made the communication had a legal,
moral or social duty to make the communication, or at least,
he had an interest to be upheld
ii. That the communication is addressed to an officer or a
board, or superior, having some interest or duty in the matter
iii. That the statements in the communication are made in good
faith without malice (in fact)
b. The defense of privileged communication will be overcome if it is shown
that
i. The defendant acted with malice in fact
ii. There is no reasonable ground for believing the charge to be
true
2. A fair and true report, made in good faith, w/o any comments or remarks of any
judicial legislative or other official proceedings which are not of confidential
nature or of any statement, report, or speech delivered to said proceedings, or
of any other act performed by public officers in the exercise of their functions
a. Requisites of the second kind of privileged communication
i. That it is fair and true report of a judicial, legislative, or other
official proceedings which are not of a confidential nature, or
of a statement, report, or speech delivered in said
proceedings, or of any other act performed by a public officer
in the exercise of his functions
ii. That it is made in good faith
 iii. That it is without any comments or remarks
Art. 355 Libel by means of Committed by means of: Prisión correccional in its minimum and
writings or similar 1. Printing medium periods or a fine ranging from
means 2. Phonograph P40,000 to P1,200,000, or both + possible
3. Painting civil action
4. Writing
5. Engraving
6. Theatrical Exhibition
7. Litography
8. Any other similar means
9. Cinematographic radio
10. Exhibition
Art. 356 Threatening to publish Punishable Acts: Arresto mayor or a fine from P40,000 to
and offer to prevent 1. Threatening another to publish a libel concerning him or his parents, spouse, P400,000, or both
such publication for a child, or other members of the family
compensation 2. Offering to prevent the publication of such libel for compensation or money
consideration
Art. 357 Prohibited publications Elements: arresto mayor or a fine of P40,000 to
of acts referred to in 1. That the offender is a Reporter, Editor or Manager of a newspaper, daily or P200,000 or both
the course of official magazine
proceedings 2. He publishes facts connected with the private life of another
3. Such facts are offensive to the honor, virtue, and reputation of said person
Art. 358 Slander (Oral Kinds Grave Slander ® arresto mayor in its
Defamation) 1. Simple slander maximum period to prisión correccional in
2. Grave slander, when it is of a serious & insulting nature its minimum period

Factors that determine the gravity of the oral defamtion Simple Slander ® Arresto menor or a fine
1. Expressions used not exceeding P20,000
2. Personal relations of the accused and the offended party
3. Circumstances surrounding the case
4. Social standing and position of the offended party

Self-defense in slander may only be invoked if his reply is made in (a) good faith, (b)
without malice, (c) is not necessarily defamatory to his assailant, and (d) is necessary for
his explanation or defense
Art. 359 Slander by deed Elements: Grave slander ® arresto mayor in its
1. That the offender performs any act not included in any other crime against honor maximum period to prisión correccional in
2. That such act is performed in the presence of other persons its minimum period or a fine ranging from
3. That such act casts dishonor, discredit, or contempt upon the offended party P20,000 to P100,000
a. If there is no intent to dishonor the offended party, the crime is
maltreatment by deed under A266 Simple slander ® arresto menor or a fine
not exceeding P20,000
Art. 360 Persons responsible Persons Liable:
for libel 1. The person who publishes, exhibits, or causes the publication or exhibition of
any defamation in writing or similar means
2. The author or editor of a book or pamphlet
3. The editor or business manager of a daily newspaper magazine or serial
publication
4. The owner of the printing plant which publishes a libelous article with his consent
and all other persons who in any way participate in or have connection with its
publication
Art. 361 Proof of the truth When proof of truth is admissible in a charge for libel:
 1. When the act/omission imputed constitutes a crime regardless of whether the
offended party is a private indv’l or a public officer
2. When the offended party is a gov’t employee even if the imputation does not
constitute a crime, provided it is related to the discharge of his official duties

Requisites of the defense in defamation

1. It appears that the matters charged as libelous are true
2. It was published w/ good motives
3. For justifiable ends

Art. 362 Libelous remarks A362 doesn’t punish the publication of privileged matters but the libelous comments or
remarks about such privileged matters. Thus,the author and editor of a newspaper who
distorts, mutilates, or discolors the official proceedings reported by him or add comments
thereon to cast aspersion on the character of the parties concerned is guilty of libel,
notwithstanding the fact the defamatory matter published in connection w/ a privileged
matter
Art. 363 Incriminating innocent Elements: arresto mayor
persons 1. That the offender performs an act
2. That by such act he directly incriminates or imputes to an innocent person the
commission of a crime
3. That such act does not constitute perjury
Art. 364 Intriguing against arresto menor or fine not exceeding
honor P20,000
Art. 365 Imprudence and Reckless Imprudence: It consists in voluntarily but w/o malice, doing or failing to do an act Reckless imprudence + grave felony ®
negligence from w/c material damage results by reason of inexcusable lack of precaution on the part arresto mayor in its maximum period to
of the person performing or failing to perform such act, taking into consideration his prisión correccional in its medium period
employment/occupation, degree of intelligence, physical condition, and other
circumstances regarding persons, time, and place Reckless imprudence + less grave felony
® arresto mayor in its minimum and
Elements of Reckless Imprudence medium periods shall be imposed
1. The offender does or fails to do an act
2. The doing of or the failure to do that act is voluntary Simple imprudence and negligence +
3. It be without malice grave felony® arresto mayor in its
4. Material damage results medium and maximum periods
5. There is inexcusable lack of precaution on the part of the person performing or
failing to perform such act taking into consideration Simple imprudence and negligence + less
a. Employment or occupation grave felony ® arresto mayor in its
b. Degree of intelligence, physical condition minimum period
c. Other circumstances regarding persons, time, and place
Resulted to damage to the property of
Simple Imprudence: It consists in the lack of precaution displayed in those cases in which another ® a fine ranging from an amount
the damage impending to be caused is not immediate nor the danger clearly manifest equal to the value of said damages to 3x
such value, but which shall in no case be
Elements of Simple Imprudence less than P5,000.
1. There is lack of precaution on the part of the offender
2. The damage impending to be caused is not immediate nor the danger clearly Simple imprudence or negligence which
manifest would have caused a light felony ® fine
not exceeding P40,000 and censure
The penalties provided for in A365 are NOT applicable when
1. The penalty provided for the offense is equal to or lower than those provided in Qualifying circumstance ® Penalty next
the first two paragraphs of A365 higher in degree to those provided for in
this article
 2. By imprudence or negligence and with violation of the Automobile Law, the
death of a person shall be caused

Qualifying Circumstance: Failing to lend on-the-spot help to the victims of his act of
negligence raises the penalty 1 degree higher