Title Three – Crimes Against Public Order
Crimes Elements
Art. 134. Rebellion 1. That there be (a) public uprising,
and (b) taking arms against the
government.
2. That the purpose of the uprising
or movement is either –
a. To remove from the
allegiance to said
government or its laws: (1)
the territory of the
Philippines or any part
thereof; or (2) anybody of
land, naval or other armed
forces; or
3. Deprive the Chief Executive or
Congress, wholly or partially of
any of their powers or
prerogatives.
Remarks
Rebellion vs. Insurrection
 Rebellion is used where the
object of the movement is
completely to overthrow and
supersede the existing
government, whereas,
Insurrection is commonly
employed in reference to a
movement which seeks merely
to effect some change of minor
importance, or to prevent, or
to prevent the exercise of
governmental authority with
respect to particular matters
or subjects.
In the crime of rebellion THERE MUST
BE A PUBLIC UPRISING AND TAKING
UP OF ARMS. (Cariño vs. People),
however, it is not necessary that there
must be an actual clash with the forces
of the government to convict the
accused. (People vs Cube).
The purpose of the uprising must be
shown, without evidence to indicate
the motive of purpose of the accused
does not constitute rebellion. (US vs.
Constantino), further, the purpose of
rebellion is not necessary to be
accomplished, the very moment a
group of rebels rise publicly and take
arms against the government for the
purpose of overthrowing the same by
force constitute rebellion.
REBELLION vs. TREASON
 The levying of war against the
government would constitute
treason when performed to
aid the enemy, while the
levying of war against the
government during peace time
for any other purposed
mentioned in Art. 134 is
rebellion.
 Rebellion always involve
taking up arms against the
Government, while treason
may be committed by mere
adherence to the enemy giving
him aid or comfort.
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 Rebellion is considered terrorism
when, a person who commits an act
punishable as rebellion or insurrection,
thereby sowing and creating a
condition of widespread and
extraordinary fear and panic among
the populace, in order to coerce the
government to give in to an unlawful
demand shall be guilty of the crime of
terrorism. (R.A. No. 9372 – Human
Security Act of 2007).

Although the general rule is that

conspiracy and proposal to commit a
felony is not punishable (Art. 8, RPC),
conspiracy to commit rebellion is
punishable.

Acts committed in furtherance of

rebellion are absorbed in rebellion
(Enrile vs. Amin) EXCEPT if the purpose
are private and profit and not
politically motivated then it will be
charged separately (People vs.
Geronimo)

If killing is politically motivated,

Rebellion is to be charged and not
murder.
Art. 134-A. Coup d’etat 1. That the offender is a person or Coup d’etat vs. Rebellion
persons belonging to the
military or police or holding any Coup d’etat Rebellion
public office or employment Essence is a Essence of the
2. That it is committed by means of swift attack crime is public
swift attack accompanied by against the uprising and
violence, intimidation, threat, government, its taking up arms
strategy or stealth; military camp or against the
3. That the attack is directed installations, government.
against duly constituted communications
authorities of the RP, or any network and
military camp or installation, public facilities
communication networks, public and utilities
utilities or other facilities needed essential to the
for the exercise and continued continued excise
possession of power. of governmental
4. That the purpose of the attack is powers.
to seize or diminish state power. May be carried Requires public
out singly or uprising, or
simultaneously. multitude of
people.
Principal Offenders need
offenders must to be
be members of committed
the military, PNP uniformed
or public officer, personnel of

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Art. 135. Penalty for rebellion,
insurrection or coup d’etat.
Art. 136 – Conspiracy and proposal
to commit Coup d’etat, rebellion or
insurrection.
Art. 137. Disloyalty of Public
Officers or employees
Art. 138. Inciting to rebellion or
insurrection.
Offender must be a public officer or
employee.
Acts of disloyalty which are
punished:
1. By failing to resist a
rebellion by all the means in
their power
2. By continuing to discharge
the duties of their offices
under the control of rebels
3. By accepting appointment
to office under them.
Elements:
1. That the offender does not
take arms or is not in open
hostility against the
government.
with or without the military or
civilian support. the police.
The purpose is The purpose is
merely to to overthrow
paralyze the the existing
existing government.
government.
Penalties:
Leaders – reclusion perpetua
Participants – reclusion temporal
Leaders are those:
a. Any person who promotes,
maintains, or heads a rebellion
or insurrection.
b. Any person who leads, directs,
or commands others to
undertake coup d’etat.
Participants are those:
a. Any person who participates
or executes the commands of
others in rebellion,
insurrection.
b. Any person in the government
service who participates, or
executes directions or
commands 0f others in
undertaking a coup d’etat.
c. Any person not in government
service who participates,
supports, finances, abets, or
aids in undertaking a coup
d’etat.
No conspiracy when there is no
agreement and no decision to commit
rebellion
The crime of disloyalty of public
officers presupposes the existence of
rebellion by other persons – there must
be rebellion to be resisted or, at least,
the place is under the control of the
rebels. (US vs. Ravidas).
The offender should not be in
conspiracy with the rebels, otherwise
he shall be charge with rebellion.
Compare and Contrast Inciting to
Rebellion and Proposal to commit
Rebellion.
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 2. That he incites others to the
execution of any of the acts Inciting to Proposal to
of rebellion(the offender Rebellion Commit
incite others to rise publicly Rebellion
and take arms against the Offender Offender
Government); induces another induces another
3. That the inciting is done by to commit to commit
means of speeches, rebellion rebellion
proclamations, writings, Not required The person who
emblems, banners or other that the proposes has
representations tending to offender has decided to
the same end. decided to commit
commit rebellion
Penalty – prision mayor in its rebellion
minimum period The act of The execution of
inciting is done the crime uses
publicly secret means
Rebellion has Rebellion has
not been not been
committed yet committed yet

If they commit rebellion because of

Art. 139. Sedition Elements.
1. That the offenders rise (1)
publicly, and (2)
tumultuously;
2. That they employ force,
intimidation, or other
means outside of legal
methods.
3. That the offenders employs
any of those means to
attain any of the following
objects:
a. To prevent the
promulgation or
execution of any law or
the holding of any
popular election;
b. To prevent the National
Government, or any
provincial or municipal
government, or any
public officer thereof
from freely exercising
its of his functions, or
prevent the execution
of any administrative
order.
c. To inflict any act of
the proposal or the inciting, the
proponent or the one inciting becomes
a principal by inducement in the crime
of rebellion, provided that the
requisites of par. 2 of Article 17 of the
RPC are present.
Nature of crime – Sedition in its
general sense is the raising of
commotions or disturbances in the
state.
The object or purpose of uprising
should be determined in order to
ascertain the crime of rebellion from
sedition.
In sedition the purpose of the
offenders may be political or social; in
rebellion it is always political.
Rebellion there must be taking up of
arms against the government, in
sedition, it is sufficient that the public
uprising is tumultuous (involving
violence, confusion, disorder)

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Art. 140. Penalty for Sedition
Art. 141. Conspiracy to commit
sedition.
Art. 142. Inciting to Sedition
hate or revenge upon
the person or property
of any public officer or
employee;
d. To commit for any
political or social end,
any person,
municipality or
province, or the
National Government
of all its property or
any part thereof.
e. To despoil, for any
political or social end,
any person,
municipality or
province, or the
National Government
of all its property or
any part thereof.
Penalties:
1. Leader – prision mayor in its
minimum period and a fine
not exceeding 10,000 pesos
2. Other persons participating in
the sedition – prision
correcional in its maximum
period and a fine not
exceeding 5,000 pesos.
Elements: There is no proposal to commit
1. There must be an sedition.
agreement and a decision
to rise publicly and
tumultuously
2. To attain the objects of
sedition.
Different acts of inciting to sedition: Two rules relative to seditious words:
1. Inciting others to the
accomplishment of any of 1. The clear and present danger
the acts which constitute rule – the words must be of
sedition by means of such a nature that by uttering
speeches, proclamations, them there is a danger of
writings, emblems, etc. public uprising and that such
2. Uttering seditious words or danger should be both clear
speeches which tend to and imminent.
disturb the public peace. 2. The dangerous tendency rule –
3. Writing, publishing or if the words used tend to
circulating, scurrilous libels create a danger of public
against the Government or uprising.
any of the duly constituted
authorities thereof, which In the Philippines, it is the dangerous
tend to disturb the public tendency rule that is commonly
peace. applied, it is enough that the words
used may tend to create danger of
Elements: public uprising.
1. That the offender does not
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Art. 146. Illegal Assemblies
Art. 147. Illegal Associations
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.
What are illegal assemblies: The persons present at the meeting
1. Any meeting attended by armed must be armed in the first form of
persons for the purpose of illegal assembly but not all the persons
committing any of the crimes present at the meeting of the first
punishable under the code: form of illegal assembly must be
armed, however, those present in the
Requisites: meeting even unarmed are liable
a. That there is a meeting, a under Art. 146.
gathering or group of
persons, whether in a fixed Persons liable for illegal assembly:
place or moving; a.) The organizers or leaders of
b. That the meeting is attended the meeting.
by armed persons; b.) Persons merely present at the
c. That the purpose of the meeting.
meeting is to commit any of
the crimes punishable under As illegal assembly is a felony, the
the code. persons merely present at the meeting
must have a common intent to commit
2. Any meeting in which the the felony of illegal assembly. The
audience, whether armed or absence of such intent may exempt
not, is incited to the commission the person present from criminal
of the crime of treason, liability.
rebellion or insurrection,
sedition, or assault upon a
person in authority or his
agents.
Requisites:
a. That there is a meeting, a
gathering or group of
persons, whether in a fixed
place or moving.
b. That the audience, whether
armed or not, is incited to
the commission of the
crime of treason, rebellion
or insurrection, sedition or
direct assault.
Illegal Associations are: Persons liable for illegal association:
1.) Associations totally or 1.) Founders, directors and
partially organized for the president of the association.
purpose of committing any 2.) Mere members of the
of the crimes punishable association.
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 under the code.
2.) Associations totally or Illegal Assembly vs. Illegal Association
partially organized for some
purpose contrary to public Illegal Illegal Assembly
morals. Association
There is an It is not
actual meeting necessary that
or assembly of there be an
armed persons actual meeting.
The act of It is the meeting
forming or and attendance
organizing and at such meeting
membership in that are
the association punished.
that are
punished.
Liable persons Liable persons
are (1) the are (1) the
founders, organizers or
directors and leaders of the
president and meeting, and (2)
(2) the the persons
members. present at
meeting.

Art. 148. Direct Assaults Two ways of committing direct
assault:
1. Without public uprising, by
employing force or
intimidation for the
attainment of any of the
purpose enumerated in
defining the crimes of
rebellion and sedition.
2. Without public uprising, by
attacking, by employing
force, or by seriously
intimidating or seriously
resisting any person in
authority or any of his
agents, while engaged in
the performance of official
duties or on the occasion of
such performance.
Elements of the first form:
The force employed must be of a
serious character as to indicate
determination to defy the law and its
representative at all hazards. – For
agent.
Aggression should not be considered
as an assault but merely as resistance
to an agent of a person in authority.
The force employed need not be
serious when the offended party is a
person in authority.
Who is a person in authority?
Any person directly vested with
jurisdiction, whether as an individual or
as a member of some court or
governmental corporation, board, or
commission, shall be deemed a person
in authority.

1.) That the offender employs “directly vested with authority” –

force of intimidation
2.) That the aim of the
offender is to attain any of
the purposes of the crime
of rebellion or any of the
objects in the crime of
sedition.
means the power to govern and
execute the laws.
The offender must have knowledge
that the victim is of person with
authority, because the offender must
have the intention to offend, injure, or

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Art. 149. Indirect Assaults
3.) That there is no public assault the offended party as a person
uprising. in authority or agent of authority.
Elements of the second form: When direct assault is qualified?
1.) That the offender (a) makes
an attack (b) employs force, a.) When the assault is
(c) makes a serious committed with a weapon
intimidation, or (d) makes a b.) When the offender is a public
serious resistance. officer or employee
2.) That the person assaulted is c.) When the offender lays hands
a person in authority or his upon a person in authority.
agent.
3.) That at the time of the
assault the person in
authority or his agent (a) is
engaged in the actual
performance of official
duties, or that he is
assaulted, (b) by reason 0f
the past performance of
official duties.
4.) That the offender knows
that the one he is assaulting
is a person in authority or
his agent in the exercise of
his duties.
5.) That there is no public
uprising.
Penalty:
Qualified Direct Assault – prision
correccional in its medium and
maximum periods and a fine not
exceeding 1,000 pesos
Simple Direct Assault – prision
correccional in its minimum period
and fine not exceeding 500 pesos.
Elements: ***INDIRECT ASSAULT CAN BE
COMMITTED ONLY WHEN A DIRECT
1.) That a person in authority ASSAULT IS ALSO COMMITTED.
or his agent is the victim of
any of the forms of direct A private person who comes to the
assault defined in Art. 148 rescue of an authority or his agent
2.) That a person comes to the enjoys the privileges of the latter, and
aid of such authority or his any person who uses force or
agent. intimidation upon such person under
3.) That the offender makes the circumstances is guilty of assault.
use of force or intimidation
upon such person coming
to the aid of the authority
or his agent.
Penalty:
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Art. 150. Disobedience to summons
issued by the National Assembly,
its committees or subcommittees,
by the Constitutional Commissions,
its committees, subcommittees or
divisions.
Art. 151. Resistance and
disobedience to a person in
authority or the agents of such
person.
Art. 152. Persons in authority and
agents of persons in authority –
who shall be deemed as such.
Prision correccional in its minimum
to medium period and a fine not
exceeding 500 pesos.
Acts punished under Art. 150 Art. 150 may not apply when the
1. By refusing, without legal papers or documents may be used in
excuse evidence against the owner thereof,
2. By refusing to be sworn or because it would be equivalent to
placed under affirmation compelling him to be witness against
while being before such himself.
legislative or constitutional
body or official. The power of the National assembly to
3. By refusing to answer any punish for contempt as means of
legal inquiry or to produce compulsion to obtain what is needed.
any books, papers,
documents, or records in
his possession, when
required by them to do so
in the exercise of their
function.
4. By restraining another from
attending as a witness
5. By inducing disobedience to
a summons
Elements (par 1): This offense consists of failure to
comply with orders directly issued by
1.) That a person in authority the authorities in the exercise of their
or his agent is engaged in official duties.
the performance of official
duty or gives a lawful order
to the defender
2.) That the offender resists or
seriously disobeys such
person in authority or his
agent.
3.) That the act of the offender
is not included in the
provisions of Arts. 148,149
and 150.
Elements (par 2):
1.) That a person in authority
or his agent is engaged in
the performance of official
duty or gives a lawful order
to the defender.
2.) That the offender disobeys
such agent of a person in
authority.
3.) That such disobedience is
not of serious nature.
Persons in authority are those directly
vested with jurisdiction and agents are
those in charged with (1) the
maintenance of public order (2) the
protection and security of life and
property.
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Art. 153. Tumults and other
disturbances of public order –
Tumultuous disturbance or
interruption liable to cause
disturbance.
Art. 154. Unlawful use of means of
publication and unlawful
utterances.
Art. 155. Alarms and Scandals
What are tumults and other If the act of disturbing a meeting or
disturbances of public order? religious ceremony is not committed
a.) Causing serious disturbance by a public officer, or if committed by a
in a public place. public officers they are participant
b.) Interrupting or disturbing therein, Article 153 should be applied.
performances, functions or
gatherings or peaceful Meaning of Tumultuous – if the
meetings disturbance or interruption is caused
c.) Making an outcry tending by more than three persons who are
to incite rebellion or armed or provided with means of
sedition violence.
d.) Displaying placards or
emblems which provoke a
disturbance
e.) Burying with pomp the
body of a person who has
been legally executed.
What are punishable acts: It is not necessary that the publication
of the false news actually caused
a.) Publishing or causing to be public disorder or caused damage to
published, by means of the interest or credit of the state. The
printing, lithography or any mere possibility of causing damage is
other means of publication, sufficient.
as news any false news
which may endanger the
public order , or cause
damage to the interest or
credit of the state.
b.) By encouraging
disobedience to the law or
to the constituted
authorities or by passing,
justifying or extolling any
act punished by law, by the
same means or by words,
utterances or speeches.
c.) Maliciously publishing or
causing to be published any
official resolution or
document without proper
authority, or before they
have been published
officially.
d.) Printing publishing or
distributing books ,
pamphlets, periodicals, or
leaflets which do not bear
the real printers name, or
which are classified
anonymous.
Acts punished: In the discharge of firearm, the
discharge should not be aimed at a
a.) Discharging any firearm, person; otherwise, the offense would
rocket, firecracker, or other fall under article 254.
explosive within any town
or public place, calculated Charivari – includes a medley of
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Art. 156 Delivering prisoners from
jail.
Art. 157. Evasion of service of
sentence.
Art. 158. Evasion of service of
sentence on the occasion of
disorders, conflagrations,
earthquakes, or other calamities.
to cause alarm or danger. discordant voices, a mock serenade of
b.) Instigating or taking an discordant noises on kettles, tins,
active part in any charivari horns, etc., designed to annoy and
or other disorderly meeting insult.
offensive to another or
prejudicial to public
tranquility.
c.) Disturbing the public peace
while wandering about at
night or while engaged in
any other nocturnal
amusements.
d.) Causing any disturbance or
scandal in public places
while intoxicated or
otherwise, provided in Art.
153 is not applicable.
Elements: Applies to a prisoner under detention
or those convicted by final judgment.
a.) That there is a person
confined in a jail or penal
establishment.
b.) That the offender removes
therefrom such person, or
helps the escape of such
person.
Three kinds of evasion: The crime of evasion of service of
1.) Evasion of service of sentence can be committed only by a
sentence by escaping convict by final judgment.
during the term of his
sentence. If the accused escaped while the
2.) Evasion of service of sentence of conviction was under
sentence on the occasion of appeal, he is not liable under Art. 157,
disorders. the judgment not having become final
3.) Other cases of evasion of and this is true even if his appeal was
service of sentence, by later dismissed because he had
violating the conditions of escaped.
conditional pardon.
Applicable also in penalties of
Elements: destierro.
a.) That the offender is a
convict by final judgment. Qualified by means of:
b.) That he is serving his
sentence which consists in a.) Unlawful entry
deprivation of liberty. b.) Breaking doors, windows,
c.) That he evades the service gates, walls, roofs or floors.
of his sentence by escaping c.) Using picklock, false keys.
during the term of his Disguise, deceit, violence or
service. intimidation
d.) Connivance with other
convicts or employees of the
penal institution.
Elements: What is punished is not the leaving of
the penal institution, but the failure of
1) Offender is a convict by the convict to give himself up to the
final judgment, who is authorities within 48 hours after the
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Art. 159. Other cases of evasion of
service of sentence.
confined in a penal
institution
2) There is disorder, resulting
from:
a. Conflagration
b. Earthquake
c. Explosion
d. Similar catastrophe
e. Mutiny in which he has
not participated
3) Offender evades the service
of his sentence by leaving
the penal institution where
he is confined on the
occasion of such disorder or
during the mutiny
4) Offender fails to give
himself up to the
authorities within 48 hours
following the issuance of
proclamation by Chief
Executive announcing the
passing away of such
calamity.
Elements:
1.) That the offender was a
convict
2.) That he was granted a
conditional pardon by the
Chief Executive
3.) That he violated any of the
conditions of such pardon.
proclamation announcing the passing
away of the calamity.
Note: The penalty of commission of
this felony is an increase by 1/5 of the
time remaining to be served under the
original sentence, in no case to exceed
6 months.
The special allowance for loyalty (E.g.
deduction of sentence) authorized by
Art. 98 and 158 (2nd par.) refers to
those convicts, who having evaded the
service of their sentences by leaving
the penal institution; give themselves
up within 48 hours. They will be
entitled to a deduction of 1/5 of their
respective sentences.
Nature of conditional pardon – it is a
contract, thus a conditional pardon is a
contract between the chief Executive,
who grants the pardon, and the
convict, who accepts it. Since it is a
contract, the pardoned convict is
bound to fulfill its conditions and
accept all its consequences, not as he
chooses, but according to its strict
terms. (People vs. Pontillas, 65 Phil
659).

**If the penalty remitted does not

exceed 6 years, the penalty of prision
correccional in its minimum period
shall be imposed.

**if the penalty remitted is higher than

6 years, the unexpired portion of his
original sentence shall be imposed.

The offender should be found guilty of

the subsequent offense before he can
be prosecuted under Art. 159.
TITLE V – CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS AS REPEALED BY RA 9165
(COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002)
Section 5. Sale of prohibited drugs The prosecution must prove the The dangerous drug itself constitutes
following elements: the very corpus delicti of the offense
and the fact of its existence beyond
1.) The identity of the buyer reasonable doubt plus the fact of
and the seller; delivery and/or sale are both vital and
2.) The object of the sale and essential to a judgment of conviction

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Section 21. Chain of custody
TITLE EIGHT – CRIMES AGAINST PERSONS
Art. 246. Parricide
its consideration;
3.) The delivery of the thing
sold and payment
therefore.
First: the seizure and marking, if
practicable, of the illegal drug
recovered from the accused by the
apprehending officer.
Second: the turnover of the illegal
drug seized by the apprehending
officer to the investigating officer
Third: the turnover by the
investigating officer of the illegal
drug to the forensic chemist for
laboratory examination.
Fourth: the turnover and submission
of the marked illegal drugs seized
from the forensic chemist to the
court
Elements:
1.) That a person is killed
2.) That the deceased is killed
by the accused.
3.) That the deceased is the
father, mother, or child,
whether legitimate or
illegitimate, or a legitimate
other ascendant or other
descendant, or legitimate
spouse of the accused.
(People vs. Havana)
Chain of Custody – means the duly
recorded authorized movements and
custody of seized drugs or controlled
chemicals or plant sources of
dangerous drugs or laboratory
equipment of each stage, from the
time of seizure/confiscation to receipt
in the forensic laboratory to
safekeeping to presentation in court
for destruction
First Link requirements:
a.) The apprehending officer or
the poseur buyer must place
his or her initials and signature
on the seized item.
b.) The marking of the drug must
be done in the presence of the
accused and at the earliest
opportunity. (The earliest
opportunity to mark the
evidence is immediately at the
place where it was seized, if
practicable.)
c.) The physical inventory and
photograph of the seized item
must be done in the presence
of (a) the accused, the
accused representative, the
accused counsel; (b) any
elected public official; (c)
representative from the DOJ;
(d) media representative.
***RELATIONSHIP of the offender
with the victim is the essential element
of this crime.
Only relatives by blood and in direct
line, except spouse, are considered in
parricide, therefore and adopted
father or an adopted son, or father-in-
law or son-in-law is not included in this
provision for parricide.
The spouse must be legitimate and the
best proof of the relationship between
the accused and the deceased is the
marriage certificate. If, however, the
oral evidence presented to prove the
fact of marriage is not objected to, the
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Art. 247. Death or physical injuries
inflicted under exceptional
circumstances.
Art. 248. Murder
Requisites:
1.) A legally married person or
a parent surprises his
spouse or daughter, the
latter less than 18 years of
age and living with him, in
the act of committing
sexual intercourse.
2.) He or she kills any or both
of them or inflicts upon any
or both of them any serious
physical injury in the act or
immediately thereafter.
3.) He has not promoted or
facilitated the prostitution
of his wife or daughter, or
that he or she has not
consented to the infidelity
of the other spouse.
Elements:
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 Art. 248
4.) That the killing is not
said evidence may be considered by the
court. (People vs Cruz, 109 Phil 288)
Relationship must be alleged.
A stranger, who cooperates and takes
part in the commission of the crime of
parricide, is not guilty of parricide but
only homicide or murder, as the case
maybe.
Cases wherein parricide is not
punished by reclusion perpetua:
a.) When parricide is committed
through negligence. (Art. 365)
b.) When parricide is committed
by mistake. (Art. 249)
c.) When it is committed under
exceptional circumstances
(Art. 247)
The accused must be legally married
person and the daughter must be less
than 18 years of age and single.
It does not necessary mean that the
parent must be legitimate as long as
(a) that the daughter is less than 18
years of age and (b) that she is living
with her parents.
Surprising the spouse or young
daughter in the act of sexual
intercourse is an indispensable
requisite. If he has not surprised them
in the act, Art. 247 will not apply if he
kills or inflicts serious physical injuries
on one or both of them.
Art. 247 is not applicable when the
accused did not see his spouse in the
act of sexual intercourse with another
person.
Immediately thereafter means the
discovery, the escape, the pursuit and
the killing must all form part of one
continuous act.
Murder is the unlawful killing of any
person which is not parricide or
infanticide, provided that any of the
following circumstances is present:
1. With treachery, taking
advantage of superior
strength, with the aid of
armed men, or employing
14
parricide or infanticide means to weaken the
defense, or of means or
persons to insure or afford
impunity
2. In consideration of a price,
reward or promise

Note: For reward and promise

to be considered, the same
must the primary
consideration in the
commission of a crime or
felony.
If this aggravating
circumstance is present in the
commission of the crime, it
affects not only the person
who received the money or
reward but also the person
who gave it.
3. By means of inundation, fire,
poison, explosion, shipwreck,
stranding on a vessel,
derailment or assault upon a
railroad, fall of an airship, by
motor vehicles, or with the use
of any other means involving
great waste and ruin
4. On occasion of any of the
calamities enumerated in the
preceding paragraph, or of an
earthquake, eruption of
volcano, destructive cyclone,
epidemic, or other public
calamity
5. With evident premeditation

Note: The offender must have

taken advantage of the same
and the resultant condition.
6. With cruelty, by deliberately
and inhumanly augmenting
the suffering of the victim, or
outraging or scoffing at his
person or corpse.

Note: Cruelty includes the

situation where the victim is
already dead and yet, acts
were committed which would
decry or scoff the corpse of
the victim. The crime becomes
murder.
7. There is no cruelty if the act is
the result of an impulse of
passion or extreme

15

Art. 249. Homicide
Art. 250. Penalty for frustrated
parricide, murder or homicide.
Art. 251. Death caused in
tumultuous affray.
Elements:
1.) That a person is killed
2.) That the accused killed him
without any justifying
circumstance
3.) The accused had intention
to kill which is presumed
4.) The killing was not
attended by any of the
qualifying circumstances of
murder, or by that of
parricide or infanticide.
Elements:
1.) There be several persons
2.) They did not compose
groups organized for the
common purpose of
assaulting and attacking
each other reciprocally and
assaulted one another in a
confused and tumultuous
manner
3.) Someone was killed in the
obfuscation as such will be
inconsistent with the concept
of deliberateness in
augmenting the suffering of
the victim.
In murder, the victim must be killed to
consummate the crime. If the victim is
not killed, it is either attempted or
frustrated murder.
The offender must have intent to kill to
be liable for murder; HOWEVER, killing
a person with treachery is murder even
if there is no intent to kill.
***when more than of said
circumstances are present, the others
must be considered as generic
aggravating.
***that any of the qualifying
circumstances enumerated in Art. 248
must be alleged in the information.
Treachery and evident premeditation
are inherent in murder by poison if the
accused has the intent to kill the victim
and he uses poison as means to kill
him.
Homicide – is the unlawful killing of any
person, which is neither parricide,
murder, nor infanticide.
Intent to kill is conclusively presumed
when death resulted, thus even if
there is no intent to kill, the crime is
homicide, not merely physical injuries.
Evidence of intent to kill is important
only in attempted or frustrated
homicide.
Tumultuous means that the
disturbance is caused by more than
three persons who are armed or are
provided with means of violence.
There is no crime of death in
tumultuous affray if the quarrel is
between two well-known groups.
When there was confusion in the fight
and the person who inflicted the
16

Art. 252. Physical Injuries inflicted
in a tumultuous affray.
Art. 253. Giving assistance to
suicide.
Art. 254.Discharge of Firearms
course of the affray
4.) It cannot be ascertained
who actually killed the
deceased
5.) The person or persons who
inflicted serious physical
injuries or who used
violence can be identified
Elements:
1. There is a tumultuous affray as
referred to in the preceding
article.
2. A participant or some
participants thereof suffers
physical injuries of a less serious
nature only
3. Person responsible thereof
cannot be identified
4. All those who appear to have
used violence upon the person
of the offended party are
known.
What are the punishable acts:
1. Assisting another to commit
suicide, whether the suicide is
consummated or not
2. Lending assistance to another
to commit suicide to the extent
of doing the killing himself.
Elements:
1.) That the offender
discharges a firearm against
or at another person.
2.) That the offender has no
intention to kill that perso.
wounds could not be identifies, the
crime is death caused in a tumultuous
affray, but, if the one who inflicted the
fatal wound is know, the crime is not
death in tumultuous affray. It is a case
of homicide under Art. 249 against the
one who inflicted the fatal wound.
Who are liable?
1.) The person or persons who
inflicted the serious physical
injuries are liable.
2.) If it is not known who inflicted
the serious physical injuries on
the deceased, all the persons
who used violence upon the
person of the victim are liable,
but with lesser liability.
If the participant in the affray who
inflicted the serious physical injuries is
known, he alone is liable for death
caused in tumultuous affray. Those
who used violence only, without
inflicting serious physical injuries, may
be held liable for the act or acts
actually performed by them.
A person who attempts to commit
suicide is not criminally liable.
That act constituting the offense is
shooting at another with any firearm,
without intent to kill him. If the firearm
is not discharged at a person, there is
no crime of discharge of firearm.
***There must be no intention to kill,
the purpose of the offender is only to
17

Art. 255. Infanticide
Art. 256. Intentional Abortion
Art. 257. Unintentional Abortion
Art. 258 Abortion practiced by the
woman herself or by her parents.
Elements:
1) That a child was killed.
2) That the deceased child
was less than three days (72
hours) of age.
3) That the accused killed the
said child.
Elements:
1. There is a pregnant woman
2. Violence is exerted, or drugs or
beverages administered, or that
the accused otherwise acts
upon such pregnant woman
3. As a result of the use of violence
or drugs or beverages upon her,
or any other act of the accused,
the fetus dies, either in the
womb or after having been
expelled therefrom.
4. Abortion is intended
Elements:
1. There is a pregnant woman.
2. Violence is used upon such
pregnant woman without
intending an abortion.
3. Violence is intentionally exerted
4. As a result of the violence
exerted, the fetus dies either in
the womb or after having been
expelled therefrom.
Elements:
intimidate or frighten the offended
party.
The crime of discharge of firearm, even
if the gun was not pointed at the
offended party when it fired, as long as
it was initially aimed by the accused at
or against the offended party.
Infanticide – as the killing of any child
less than three days of age, whether
the killer is the parent or grandparent,
any other relative of the child, or a
stranger.
The purpose of concealing the
dishonor is not an element of
infanticide; it merely mitigates the
liability of the mother or maternal
grandparents who committed the
crime, but only the mother and
maternal grandparents of the child are
entitled.
Abortion – willful killing of the fetus in
the uterus, or the violent expulsion of
the fetus from the maternal womb
which results in the death of the fetus.
Ways of committing intentional
abortion:
1. Using any violence upon the
person of the pregnant woman
2. By administering drugs or
beverages upon such pregnant
woman without her consent
3. By administering drugs or
beverages with the consent of the
pregnant woman
If the fetus can sustain an independent
life outside of the maternal womb,
infanticide is committed not
intentional abortion.
Unintentional abortion is committed
only by means of violence and the
violence must be intentionally exerted.
The crime of abortion even
unintentional, the accused must know
that the victim is pregnant (People vs.
Carnaso)
No intention to cause abortion, no
violence – Art. 256 & 257 does not
apply – no abortion of any kind.
Only the woman and her parents is
liable if the purpose is to conceal her
18

Art. 259. Abortion practiced by a
physician or midwife and
dispensing of abortive.
Art. 260. Responsibility of
participants in a duel.
Art. 261. Challenging to a duel
Art. 262. Mutilation
1. There is a pregnant woman who dishonor.
has suffered abortion
2. Abortion is intended
3. Abortion is caused by:
a) The pregnant woman
herself
b) b. Any other person, with
her consent
c) c. Any of her parents, with
her consent for the
purpose of concealing her
dishonor
Elements:
1. There is a pregnant woman who
has suffered abortion
2. Abortion is intended
3. The offender must be a
physician or midwife who
causes or assisted in causing the
abortion
4. Said physician or midwife takes
advantage of his or her
scientific knowledge or skill.
As to Pharmacists, the elements are:
1) That the offender is a
pharmacist
2) That there is no proper
prescription from a
physician
3) That the offender dispenses
any abortive.
Acts punishable:
1. Killing one’s adversary in a duel
2. Inflicting upon such adversary
physical injuries
3. Making a combat although no
physical injuries have been
inflicted
Acts punished:
1. Challenging another to a duel
2. Inciting another to give or
accept a challenge to a duel
3. Scoffing at or decrying another
publicly for having refused to
accept a challenge to fight a
duel
Two kinds of mutilation: Mutilation – means the looping or the
1. Intentionally mutilating clipping off of some part of the body
another by depriving him,
either totally or partially, Mutilation of the first kind is castration
19
 of some essential organ for which must be made purposely.
reproduction.
If a mutilation is not caused purposely
Elements: and deliberately so as to deprive the
a. There must be a offended party of a particular part of
castration, that is, his body, the case will be considered as
mutilation of organs physical injuries.
necessary for
generation, such as the
penis or ovarium
Note: In the first kind of
mutilation, the
castration must be
made purposely.
Otherwise, it will be
considered as
mutilation of the
second kind.
b. The mutilation is caused
purposely and
deliberately, that is, to
deprive the offended
party of some essential
organ for reproduction

2. Intentionally making other

Art. 263. Serious Physical Injuries
mutilation, that is, by
lopping or clipping off of
any part of the body of the
offended party, other than
the essential organ for
reproduction, to deprive
him of that part of his
body.
How is SPI is committed: Maybe committed by reckless
By: imprudence or simple imprudence
1. Wounding when due to lack of precaution he
2. Beating wounded another.
3. Assaulting
4. Administering injurious ***There must be no intent to kill,
substance otherwise it can be a case of frustrated
or attempted murder, homicide,
What are SPI’s? parricide, as the case may be

1. When the injured person SPI vs Attempted or Frustrated

becomes insane, imbecile, Homicide
impotent, or blind in
consequence of the physical Serious Physical Attempted or
injuries inflicted. Injuries Frustrated
Homicide
Note: Impotence includes inability to The offender In frustrated the
copulate and sterility. inflicts physical offender inflicts
Blindness requires loss of vision of injuries physical injuries
both eyes. Mere weakness in vision but in
is not contemplated. attempted there
can be no
2. When the injured person:

20
 a) Loses the use of speech infliction of
or the power to hear or physical injuries
to smell, or looses an The offender The offender
eye, a hand, a foot, an has no intent to has intention to
arm or a leg; or kill kill
b) Loses the use of any
such member, or Intent to kill is manifested by overt
c) Becomes incapacitated acts, not by oral threats.
for the work in which
he was therefore
habitually engaged in
consequence of the
physical injuries
inflicted.

Note: Loss of hearing must involve

both ears. Otherwise, it will be
considered as serious physical
injuries under par. 3. Loss of the
power to hear in the right ear is
merely considered as merely loss of
use of some other part of the body.

3. When the injured :

a) Becomes deformed
b) Loses any other
member of his body or
c) Loses the use thereof;
or
d) Becomes ill or
incapacitated for the
performance of the
work in which he was
habitually engaged for
more than 90 days, in
consequence of the
physical injuries
inflicted

Note: Loss of the index and middle

fingers is either a deformity or loss
of a member, not a principal one, of
his body or use of the same. If the
injury would require medical
attendance for more than 30 days,
the illness of the offended party
maybe considered as lasting more
than 30 days. The fact that there
was medical attendance for that
period of time shows that the
injuries were not cured for that
length of time.

4. When the injured person

becomes ill or incapacitated for
labor for more than 30 days (but
must not be more than 90 days), as

21

Art. 264. Administering substance
or beverage
Art. 265. Less Serious Physical
Injuries
Art. 266. Slight Physical Injuries
and maltreatment.
a result of the physical injuries
inflicted.
Elements: If the offender had any intention to kill,
1. The offender inflicted serious the crime would be frustrated murder,
physical injuries upon another. the injurious substance to be
2. It was done by knowingly considered as poison.
administering to him any
injurious substances or
beverages or by taking
advantage of his weakness of
mind or credulity.
3. He had no intent to kill.
Elements:
1. Offended party is incapacitated
for labor for 10 days or more
(but not more than 30 days), or
shall require medical
attendance for the same period
of time.
2. Physical injuries must not be
those described in the
preceding articles.
Kinds of Slight Physical Injuries: Slapping the offended party is a form
1. Physical injuries which of ill‐treatment which is a form of
incapacitated the offended slight physical injuries.
party for labor from 1 to 9
days, or required medical When there is no evidence of actual
attendance during the injury, it only slight physical injury.
same period
2. Physical injuries which did
not prevent the offended
party from engaging in his
habitual work or which did
not require medical
attendance.
3. Ill‐treatment of another by
deed without causing any
injury

Art. 266-A. Rape Elements under paragraph 1: Under RA 8353. The crime of rape can
1. Offender is a man now be committed by a male or
2. Offender had carnal female.
knowledge of the woman
3. Such act is accomplished The contact of the male penis with
under any of the following woman’s vagina is referred to as rape
circumstances: by sexual intercourse.
a. Through force, threat Penetration, even partial is necessary.
or intimidation The slightest penetration is enough.
b. When the offended Proof of emission is not necessary.
party is deprived of
reason or is otherwise
unconscious
c. By means of fraudulent
machination or grave
abuse of authority
d. When the offended

22

Art. 266-b. Penalties
Art. 266-C. Effects of Pardon
TITLE ELEVEN – CRIMES AGAINST CHASTITY
Art. 333. Adultery
party is under 12 years
of age or is demented,
even though none of
the above
circumstances
mentioned above be
present.
Elements of Rape by Sexual Assault:
1) Offender commits an act of
sexual assault
2) The act of sexual assault is
committed by any of the
following means:
a) By inserting his penis
into another person’s
mouth or anal orifice,
or
b) By inserting any
instrument or object
into the genital or anal
orifice of another
person
3) The act of sexual assault is
accomplished under any of
the following
circumstances:
a) By using force or
intimidation, or
b) When the woman is
deprived of reason or
otherwise unconscious,
or
c) By means of fraudulent
machination or grave
abused of authority, or
d) When the woman is
under 12 years of age or
demented.
Marriage extinguishes not only the
penal action, but likewise the penalty
that may be imposed.
In crimes against chastity, such effect
benefits not only the principals but
also the accomplices and accessories,
however since rape is now a crime
against persons, it now appears that
marriage extinguishes that penal
action and the penalty only as to the
principal and not as to the accomplices
and accessories. It does not apply to
multiple rape.
Elements: The woman must be married – the
23
1) That the woman is married legitimacy of the relation between the
2) That she has sexual offended husband and the defendant
intercourse with a man not wife is one of the circumstances which
her husband must necessarily attend the crime of
3) That as regards the man adultery.
with whom she has sexual
intercourse, he must know The offended party must be legally
her to be married. married AT THE TIME THE complaint
for adultery was instituted.

There is adultery even if the marriage

of the guilty woman with the offended
husband is subsequently declared void.

Direct proof of carnal knowledge is not

necessary to sustain a conviction for
adultery.

The crime of adultery is an

instantaneous crime which is
consummated and completed at the
moment of the carnal union. Each
sexual intercourse constitutes a crime
of adultery. Even if the husband
pardons his wife and her paramour,
such pardon does not effect to the
subsequent acts, because it only refers
to previous act and not the
subsequent one (People vs. Zapata
and Bondoc)

The gist of the crime of adultery is the

danger of introducing spurious heirs in
to the family, where the rights of the
real heirs may be impaired and a man
may be charged with the maintenance
of family not his own.

The man may be single or married,

provided that he has knowledge of the
married status of the woman – in order
for the man to be guilty of adultery.

Effect of death of the paramour – it

will not bar prosecution against the
unfaithful wife, because the
requirement that both offenders
should be included in the complaint is
absolute only when the two offenders
are alive. (People vs Topiño)

In pardoning, Art. 334 requires that –

a) The pardon must come before
the institution of the criminal
prosecution; and
b) Both the offenders must be

24

Art. 334. Concubinage.
Art. 336. Acts of Lasciviousness
Art. 337. Qualified Seduction
pardoned by the offended
party.
Ways of committing the crime of The offender must be a married man.
concubinage: The woman becomes liable only when
1. Keeping a mistress in the she knew him to be married prior to
conjugal dwelling. the commission of the crime.
2. Having sexual intercourse,
under scandalous A married man is not liable for
circumstances, with a woman concubinage for mere sexual relations
who is not his wife. with a woman not his wife – a married
3. Cohabiting with her in any other man is liable for concubinage ONLY
place. when he does any of the three acts
specified in Art. 334. If his sexual
Elements: relations with a woman not his wife is
1. Man must be married. not any one of them, he is not
2. He committed any of the criminally liable. (People vs. Santos)
following acts:
a) Keeping a mistress in Scandalous circumstances may be:
the conjugal dwelling; a) He and his mistress love in the
or same room of a house,
b) Having sexual b) They appear together in public
intercourse, under c) Perform acts in sight of the
scandalous community which give rise to
circumstances, with a criticism and general protest
woman who is not his among the neighbors.
wife; or
c) Cohabiting with her in
any other place.
3. As regards the woman, she
must know him to be
married.
Elements: Motive of the lascivious act is not
1) Offender commits any act important because the essence of
of lasciviousness or lewdness in the very act itself.
lewdness.
2) Act of lasciviousness is
committed against a person
of either sex.
3) 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.
1) Seduction of a virgin over 12 Seduction is committed by enticing a
years and under 18 years of age woman to unlawful sexual intercourse
by certain persons, such as, a by promise of marriage or other means
person in authority, priest, of persuasion without use of force.
25

Art. 338. Simple Seduction
Art. 339. Acts of Lasciviousness
teacher, etc.; and
Elements:
a) Offended party is a virgin
which is presumed if she is
unmarried and of good
reputation
b) She is over 12 and under 18
years of age
c) Offender has sexual
intercourse with her
d) There is abuse of authority,
confidence or relationship
on the part of the offender
2) Seduction of a sister by her
brother, or descendant by her
ascendant, regardless of her age
or reputation.
Elements:
1. Offended party is over 12
and under 18 years of age.
2. She must be of good
reputation, single or
widow.
3. Offender has sexual
intercourse with her.
4. It is committed by means of
deceit.
Elements:
1. Offender commits acts of
lasciviousness or lewdness.
2. Acts are committed upon a
woman who is virgin or
single or widow of good
reputation, under 18 years
of age but over 12 years, or
a sister or descendant
regardless of her reputation
or age.
“Virgin” is not physical virginity but a
woman with goof reputation.
There must be sexual intercourse in
qualified seduction.
If the sexual intercourse was through
force, intimidation the crime would be
rape. If none are present, then it is
qualified seduction.
The seduction of a sister or
descendant is known as incest.
Virginity of the sister or descendant is
not required and she may be over 18
years of age. Relationship must be by
consanguinity. The relationship need
not be legitimate. (If the sister or
descendant is under 12 years of age, the
crime would be rape. If she is married
and over 12 years of age, it would be
adultery)
Deceit – the usual form of which being
an unfulfilled promise of marriage, is
an important element of the offense
(People vs. Iman)
The offended girl must be over 12 and
under 18 years of age – is she is under
12, the crime is rape and if she is over
18, and there is no force or intimidation
or she is not unconscious or otherwise
deprived of reason, there is no crime.
In simple seduction, “virginity” is not
required provided that the girl is of
good reputation.
Promise to marry by a married man is
not deceit
26

Art. 342. Forcible Abduction
Art. 343. Consented Abduction
3. Offender accomplishes the
acts by abuse of authority,
confidence, relationship, or
deceit.
4. Male cannot be the
offended party in this crime.
Elements:
1. Person abducted is any woman,
regardless of her age, civil
status, or reputation
2. Abduction is against her will
3. Abduction is with lewd
designs
Elements:
1) Offended party must be a
virgin.
2) She must be over 12 and
under 18 years of age.
3) Taking away of the
offended party must be
with her consent, after
solicitation or cajolery from
the offender.
4) Taking away of the
offended party must be
with lewd designs.
Abduction is the taking away of a
woman from her house or the place
where she may be for the purpose of
carrying her to another place with
intent to marry or to corrupt her.
If the female abducted is under 12
years of age, the crime is forcible
abduction, even if she voluntarily goes
with her abductor.
Where lewd design was not proved or
shown, and the victim was deprived of
her liberty, the crime is kidnapping
with serious illegal detention under
Art. 267.
Sexual intercourse is not necessary in
forcible abduction, the intent to
seduce a girl is sufficient.
There is no complex crime of forcible
abduction with attempted rape
because the attempt to rape is
absorbed by the abduction.
When the taking is motivated by lewd
designs then its Forcible abduction
with rape, however, if it is not
motivated by lewd design then it is
kidnapping.
If the offended party is under 12 years
of age, crime committed is forcible
abduction, even if the girl agrees to
the elopement.
In consented abduction, it is not
necessary that the young victim (a
virgin over twelve and under 18) be
personally taken from her parent’s
home by the accused; it is sufficient
that he was instrumental in leaving the
house. He must however use
solicitation, cajolery or deceit, or
honeyed promises of marriage to
induce the girl to escape from her
home.
27

Art. 344. Prosecution of the crimes
of adultery, concubinage,
seduction, abduction, rape and
acts of lasciviousness.
Ratio: Actually, the purpose of the law
is not to punish the wrong done to her,
because she consented thereto but to
prescribe punishment for the disgrace
of her family and the alarm caused to
the parents by the disgrace of a
beloved one who by her age and sex, is
susceptible of deceit, cajolery and even
perdition. (U.S. v. Reyes, 20 Phil. 510)
1) Adultery and concubinage must be prosecuted upon complaint
signed by the offended spouse.
2) Seduction, abduction, rape or acts of lasciviousness must be
prosecuted upon complaint signed by –
a) Offended party
b) Her parents
c) Grandparents
d) Guardians on the order which they are named above.
3) In adultery and concubinage, criminal prosecution cannot be
instituted without including both the guilty parties.
28