CRIMINAL LAW

TITLE EIGHT – CRIMES AGAINST PERSONS

ARTICLE # CRIME ELEMENTS

Art. 246 Parricide 1) That a person is killed
2) That the deceased is killed by the accused
3) Deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or
other descendant, or the legitimate spouse of the accused
Art. 248 Murder 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:
a. 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;
b. In consideration of a price, reward, or promise;
c. 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;
d. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption
of a volcano, destructive cyclone, epidemic, or any other public calamity;
e. With evident premeditation;
f. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.
4) The killing is not parricide or infanticide
Art. 249 Homicide 1) That a person was killed
2) That the accused killed him
3) That the accused had the intention to kill, which is presumed;
 4) That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or
infanticide
Art. 251 Death caused in a 1) That there be several persons
tumultuous affray 2) That they did not compose groups organized for the common purpose of assaulting and attacking each other
reciprocally
3) That these several persons quarreled and assaulted one another in a confused and tumultuous manner
4) That someone was killed in the course of the affray
5) That it cannot be ascertained who actually killed the deceased
6) That the person or persons who inflicted serious physical injuries or who used violence can be identified
Art. 252 Physical injuries 1) That there is tumultuous affray as referred to in the preceding article
inflicted in a 2) That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less
tumultuous affray serious nature only
3) That the person responsible therefor cannot be identified
4) That all those who appear to have used violence upon the person of the offended party are known
Art. 254 Discharge of firearms 1) That the offender discharges a firearm against or at another person
2) That the offender has no intention to kill that person
Art. 255 Infanticide 1) That a child was killed
2) That the deceased child was less than three days (72hrs.) of age
3) That the accused killed the child
Art. 256 Intentional Abortion 1) That there is a pregnant woman
2) That violence is exerted, or drugs/beverages administered, or that the accused otherwise acts upon such
pregnant woman
3) That as a result of the use of violence/drugs upon her, or any other act of the accused, the fetus dies, either in
the womb/after having been expelled therefrom
4) That the abortion is intended
Art. 257 Unintentional Abortion 1) That there is a pregnant woman
2) That violence is used upon such pregnant woman without intending an abortion
3) That the violence is intentionally exerted
 4) That as a result of the violence the fetus dies, either in the womb/after having been expelled therefrom
Art. 258 Abortion Practiced by 1) That there is a pregnant woman who has suffered an abortion
the Woman Herself or 2) That the abortion is intended
by her Parents 3) That the abortion is caused by:
a. Pregnant woman herself
b. Any other person, with her consent
c. Any of her parents, with her consent for the purpose of concealing her dishonor
Art. 259 Abortion Practiced by a 1) That there is a pregnant woman who has suffered an abortion
Physician or Midwife 2) That the abortion is intended
and Dispensing of 3) That the offender, who must be a physician/midwife, causes/assists in causing, the abortion
Abortives 4) That said physician/midwife takes advantage of his/her scientific knowledge or skill

As to pharmacists:
1) That the offender is pharmacist
2) That there is no proper prescription from a physician
3) That the offender dispenses any abortive
Art. 262 Mutilation 1) That there be a castration, that is, mutilation of organs necessary for generation, such as the penis/ovarium
2) That the mutilation caused purposely and deliberately, that is, to deprive the offended party of some essential
organ for the reproduction
Art. 263 Serious Physical Injuries What are serious physical injuries?
1) When the injured person becomes insane, imbecile, impotent, or blind in consequence of the physical injuries
inflicted.
2) When the injured person (a) loses the use of speech or the power to hear or to smell, or loss an eye, a hand, a
foot, an arm, or a leg, or (b) loses the use of any such member, or (c) becomes incapacitated for the work in
which he was theretofore habitually engaged, in consequence of the physical injuries inflicted.
3) When the person injured (a) becomes deformed, or (b) loses any member of his body, or (c) loses the use
thereof, or (d) becomes ill or incapacitated for the performance of the work in which he was habitually
engaged for more than 90 days, in consequence of the physical injuries inflicted.
 4) When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not be more
than 90 days), as a result of the physical injuries inflicted.
Art. 264 Administering injurious 1) That the offender inflicted upon another any serious physical injury
substances or beverages 2) That it was done by knowingly administering to him any injurious substances or beverages or by taking
advantage of his weakness of mind or credulity
3) That he had no intent to kill
Art. 265 Less Serious Physical Matters to be noted in the crime of less serious physical injuries:
Injuries 1. That the offended party is incapacitated for labor for 10 days or more (but not more than 30 days), or needs
medical attendance for the same period of time
2. That the physical injuries must not be those described in the preceding articles
Art. 266 Slight Physical Injuries Three (3) kinds of slight physical injuries:
and Maltreatment 1. Physical injuries which incapacitated the offended party for labor from one to nine (9) days, or required
medical attendance during the 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 Under paragraph 1:
1) That the offender is a man
2) That the offender had carnal knowledge of a woman
3) That such act 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 abuse of authority; or
d. When the woman is under 12 years of age or demented.

Under paragraph 2:
1) That the offender commits an act of sexual assault
2) That the act of sexual assault is committed by any of the following means:
 a. By inserting his penis into another person’s mouth or oral anal orifice; or
b. By inserting any instrument or object into the genital or anal orifice of another person
3) That 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 abuse of authority; or
d. When the woman is under 12 years of age or demented.

TITLE NINE – CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

CRIMES AGAINST LIBERTY

ARTICLE # CRIME ELEMENTS
Art. 267 Kidnapping and Serious 1) Offender is a private individual
Illegal Detention 2) He kidnaps/detains another, or in any other manner deprives the latter of his liberty
3) Act of detention/kidnapping must be illegal
4) In the commission of the offense, any of the following circumstances is present:
a. Lasts for more than 3 days
b. Committed simulating public authorities
c. Any serious physical injuries are inflicted upon the person kidnapped/detained/threats to kill him are
made; or
d. Person kidnapped/detained is a minor, female/public officer
Art. 268 Slight Illegal Detention 1) Offender is a private individual
2) Kidnaps/detains another, or in any other manner deprives the latter of his liberty
3) Act of detention/kidnapping is illegal
4) Crime is committed without the attendance of any circumstances enumerated in Art. 267
Art. 269 Unlawful arrest 1) Offender arrests/detains another person
2) Purpose of the offender is to deliver him to the proper authorities
3) Arrest or detention is not authorized by law or there is no reasonable ground therefor
Art. 270 Kidnapping and Failure 1) That the offender is entrusted with the custody of a minor person (whether over or under seven years but less
to Return a Minor than 18 years of age)
2) That he deliberately fails to restore the said minor to his parents/guardians
Art. 271 Inducing a minor to 1) That the minor is living in the home of his parents or guardian or the person entrusted with his custody
abandon his home 2) That the offender induces said minor to abandon such home
Art. 272 Slavery 1) That the offender purchases, sells, kidnaps, or detains a human being
2) That the purpose of the offender is to enslave such human being
Art. 273 Exploitation of child 1) That the offender retains a minor in his service
labor 2) That it is against the will of the minor
3) That it is under the 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 under 1) That the offender compels a debtor to work for him, either as a household servant or farm laborer
compulsion in payment 2) That it is against the debtor’s will
of debt 3) That the purpose is to require or enforce the payment of a debt
CRIMES AGAINST SECURITY
Art. 275 Abandonment of Par. 1:
persons in danger and 1. The place is not inhabited
abandonment of one’s 2. Accused found there a person wounded or in danger of dying
own victim 3. Accused can render assistance without detriment to himself
4. Accused fails to render assistance
Art. 276 Abandoning a minor 1. Offender has the custody of a child
2. Child is under 7 years of age
3. He abandons such child
4. He has no intent to kill the child when the latter is abandoned
Art. 277 Abandonment of minor Abandonment of minor by one charged with the rearing or education of said minor:
 by person entrusted 1. Offender has charge of the rearing or education of a minor
with his custody; 2. He delivers said minor to a public institution or other persons
Indifference of parents 3. 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

Indifference of parents:
1. That the offender is a parent
2. That he neglects his children by not giving them education
3. That his station in life requires such education and his financial condition permits it
Art. 280 Qualified trespass to 1. Offender is a private person
dwelling 2. He enters the dwelling of another
3. Such entrance is against the latter’s will
Art. 281 Other forms of trespass 1. Offender enters the closed premises or the fenced estate of another
2. That the entrance is made while either of them is uninhabited
3. 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 Elements of grave threats where offender attained his purpose:
1. Offender threatens another person with the infliction upon the latter’s person, honor, or property, or upon that
of the latter’s family, of any wrong
2. Such wrong amounts to a crime
3. There is a demand for money or that any other condition is imposed, even though not unlawful
4. Offender attains his purpose

Elements of grave threats not subject to a condition:

1. That the offender threatens another person with the infliction upon the latter’s person, honor, or property, or
upon that of the latter’s family, of any wrong
2. That such wrong amounts to a crime
3. That the threat is not subject to a condition
Art. 283 Light threats 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. 285 Other light threats Acts punished as other light threats:
1. By threatening another with a weapon, or by drawing such weapon in a quarrel, unless it be in a lawful self-
defense
2. By orally threatening another, in the heat of anger, with some harm (not) constituting a crime, without persisting
in the idea involved in his threat
3. By orally threatening to do another any harm not constituting a felony
Art. 286 Grave coercions 1. That a person is prevented by another from doing something not prohibited by law, or compelled to do
something against his/her will, be it right or wrong
2. That the prevention/compulsion is effected by violence either by material force or such a display of it as would
produce intimidation, and consequently, control over the will of the offended party
3. That the person who restrains the will and liberty of another has no right to do so
Art. 287 Light coercions 1. Offender must be a creditor
2. He seizes anything belonging to his debtor
3. That the seizure of the thing be accomplished by means of violence/a display of material force producing
intimidation
4. Purpose of the offender is to apply the same to the payment of the debt
Art. 290 Discovering secrets 1. That the offender is a private individual or even a public officer not in the exercise of his official function
through seizure of 2. That he seizes the papers/letters of another
correspondence 3. That the purpose is to discover the secrets of such another person
4. That offender is informed of the contents of the papers/letters seized
Art. 291 Revealing secrets with 1. Offender is a manager, employee or servant
abuse of office 2. He learns the secret of his principal/master in such capacity
3. He reveals such secret
Art. 292 Revelation of industrial 1. Offender is a person in charge, employee/workman of a manufacturing or industrial establishment
 secrets 2. Manufacturing/industrial establishment has a secret of the industry which the offender has learned
3. Offender reveals such secrets
4. Prejudice is caused to the owner

TITLE TEN – CRIMES AGAINST PROPERTY

ARTICLE # CRIME ELEMENTS

Art. 293
Robbery Elements of robbery in general:
Art. 294
1. That there be a:
Art. 295 1. Robbery with a. Personal property
violence against b. Belonging to another
Art. 297 or intimidation of 2. That there is unlawful taking of that property;
persons 3. That the taking must be with intent to gain;
Art. 298
4. That there is violence against/intimidation of any person, or force upon anything.
Art. 299 2. Robbery by the
use of force upon
Art. 300 things

Art. 302

Art. 303
Art. 304

Art. 305
Art. 308 Theft 1. That there be taking of personal property
 2. That said property belongs to another
3. That the taking be done with intent to gain
4. That the taking be done without the consent of the owner
5. That the taking be accomplished without the use of violence against or intimidation of persons or force upon
things
Art. 312 Usurpation 1. That the offender takes possession of any real property or usurps any real rights in property
2. That the real property or real rights belong to another
3. That violence against/intimidation of persons is used by the offender in occupying real property or usurping
real rights in property
4. That there is intent to gain
Art. 313 Altering boundaries or 1. That there be boundary marks/monuments of towns, provinces, or estates, or any other marks intended to
landmarks designate the boundaries of the same
2. That the offender alters said boundary marks
Art. 314 Fraudulent Insolvency 1. That the offender is a debtor; that is, he has obligations due and payable
2. That he absconds with his property
3. That there be prejudice to his creditors
Art. 315 Swindling (Estafa) In general:
1. That the accused defrauded another (a) by abuse of confidence or (b) by means of deceit
2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person
Art. 327 Malicious mischief 1. That the offender deliberately caused damage to the property of another
2. That such act does not constitute arson/other crimes involving destruction
3. That the act of damaging another’s property be committed merely for the sake of damaging it
 TITLE ELEVEN – CRIMES AGAINST CHASTITY

ARTICLE # CRIME ELEMENTS

Art. 333 Adultery 1. That the woman is married
2. That she has sexual intercourse with a man not her husband
3. That as regards the man with whom she has sexual intercourse, he must know her to be married
Art. 334 Concubinage 1. That the man must be married
2. That he committed any of the following acts:
a. By keeping a mistress in the conjugal dwelling
b. By having sexual intercourse, under scandalous circumstances, with a woman who is not his wife; or
c. By cohabiting with her in any other place
Art. 336 Acts of lasciviousness 1. That the offender commits any act of lasciviousness of 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; or
c. By means of fraudulent machination or grave abuse of authority; or
d. When the woman is under 12 years of age or demented.
Art. 337 Qualified seduction Elements of qualified seduction of a virgin:
1. That the offended party is a virgin, which is presumed if she is unmarried and of good reputation
2. That she must be over 12 and under 18 years of age
3. That the offender has sexual intercourse with her
4. That there is abuse of authority, confidence/relationship on the part of the offender
Art. 338 Simple seduction 1. That the offended party is over 12 and under 18 years of age
2. That she must be of good reputation, single/widow
3. That the offender has sexual intercourse with her
4. That it is committed by means of deceit
 Art. 339 Acts of lasciviousness 1. That the offender commits acts of lasciviousness/lewdness
with the consent of the 2. That the acts are committed upon a woman who is virgin/single or widow of good reputation, under 18 years
offended party of age but over 12 years of age, or 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. 342 Forcible abduction 1. That the person abducted is any 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 1. That the offended party must be a virgin
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, after solicitation or cajolery from the
offender
4. That the taking away of the offended party must be with lewd designs

TITLE TWELVE – CRIMES AGAINST THE CIVIL STATUS OF PERSONS

ARTICLE # CRIME ELEMENTS

Art. 347 Simulation of births, 1. The child must be legitimate;
substitution of one child 2. The offender conceals/abandons such child; and
for another and 3. The offender has the intent to cause such child to lose its civil status
concealment or
abandonment of a
legitimate child
Art. 349 Bigamy 1. The offender has been legally married;
2. The first marriage has not been legally dissolved, or in case his/her spouse is absent, the absent spouse has not
been judicially declared presumptively dead;
 3. He contracts a subsequent marriage; and
4. The subsequent marriage would have been valid had it not been for the existence of the first
Art. 350 Marriage contracted 1. That the offender contracted marriage;
against provisions of 2. That he knew at the time that:
laws a. The requirements of the law were not complied with; or
b. The marriage was in disregard of a legal impediment

TITLE THIRTEEN – CRIMES AGAINST HONOR

ARTICLE # CRIME ELEMENTS

Art. 353 Libel Elements of libel/defamation:
1. That there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission,
status or circumstance
2. That the imputation must be made publicly (third person)
3. That it must be malicious
4. That the imputation must be directed to a natural or 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. 357 Prohibited publication 1. That the offender is a reporter, editor/manager of a newspaper daily/magazine
of acts referred to in the 2. That he publishes facts connected with the private life of another
course of official 3. That such facts are offensive to the honor, virtue and reputation of said person
proceedings
Art. 359 Slander by deed 1. That the offender performs any act not included in any other crime against honor
2. That such act is performed in the presence of other person or persons
3. That such acts dishonor, discredit or contempt upon the offended party
Art. 363 Incriminating innocent 1. That the offender performs an act
person 2. That by such act he deliberately incriminates or imputes to an innocent person the commission of a crime
3. That such act does not constitute perjury.