Amat Victoria Curam

TITLE ONE
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

Crime Punishable Act/s
1) Levying war against the Government of
the PH;
114 Treason 2) Adhering to the enemies of the
Government of the PH, giving them aid or
comfort
Conspiracy/proposal 1) Conspiracy to commit treason
115
to commit treason 2) Proposal to commit treason
Having knowledge of a conspiracy to commit
treason, concealing or not disclosing and
Misprision of making known a conspiracy to commit
116
treason treason as soon as possible to the provincial
governor/fiscal or city mayor/fiscal where he
resides
1) Entering without authority a warship, fort,
naval or military establishment or reservation
to obtain any information, plans, photographs
or other data of a confidential nature relative
to the defense of the Philippine archipelago;
117 Espionage
2) Disclosing to the representative of a
foreign nation, articles, data or information
relative to the defense of the PH archipelago,
which is in his possession by reason of the
public office he holds
1) Provoking; or
Inciting to war and
2) Giving occasion for a war involving or
118 giving motives for
liable to involve the Philippine Islands or
reprisals
exposes Filipino citizens to reprisals on their
CRIMES AGAINST
NATIONAL SECURITY
Treason and Espionage
Elements Additional/Absent Element Result
1) The offender is a Filipino citizen or an alien
residing in the Philippines;
2) There is a war in which the Philippines is involved;
There is no war Rebellion
3) The offender either:
a) Levies war against the Government, or
b) Adheres to the enemies, giving them aid or comfort.
1) The offender must be owing allegiance to the
Government, and not a foreigner.
2) He has knowledge of any conspiracy (to commit
treason) against the Government.
3) He conceals or does not disclose and make known
the same as soon as possible to the governor or fiscal
of the province or the mayor or fiscal of the city in
which he resides.
1) The offender enters any of the places mentioned;
2) He has no authority therefor;
3) His purpose is to obtain information, plans,
photographs or other data of a confidential nature
relative to the defense of the Philippines.
The offender is a public officer or
1) The offender is a public officer; The penalty is higher
employee
2) He has in his possession the articles, data or
information relative to the defense of the PH, by
reason of the public office he holds;
3) He discloses their contents to a representative of a
foreign nation.
Provoking war and disloyalty in case of war
1) The offender performs unlawful or unauthorized
acts; The offender is a public officer or
The penalty is higher
2) Such acts provoke or give occasion for a war employee
involving or liable to involve the Philippines or

2
 persons or property through unlawful or expose Filipino citizens to reprisals on their persons
unauthorized acts or property.
1) There is a war in which the Philippines is NOT
Violating any regulation issued by competent
involved;
Violation of authority for the purpose of enforcing The offender intended to aid the enemy
119 2) There is a regulation issued by competent authority The penalty is higher
neutrality neutrality on the occasion of a war in which by giving such notice or information.
for the purpose of enforcing neutrality;
the Government is not involved.
3) The offender violates such regulation.
Having correspondence with an enemy 1) There is a war in which the Philippines is involved;
country or territory occupied by enemy 2) The offender makes correspondence with an enemy
troops when: country or territory occupied by enemy troops;
Correspondence 1) The correspondence is prohibited by the 3) That the correspondence is either:
120 with a hostile Government; a) Prohibited by the Government, or .
country 2) The correspondence is carried on in b) Carried on in ciphers or conventional signs; or
ciphers; or c) Contains notice or information which might be
3) Notice or information be given thereby useful to the enemy.
which might be useful to the enemy.
1) There is a war in which the Philippines is involved;
1) Attempting to go; 2) The offender owes allegiance to the Government;
Flight to an enemy or When prohibited by 3) The offender attempts to flee or go to enemy
121
country 2) Attempting to flee competent authority. country;
to an enemy country 4) Going to the enemy country is prohibited by
competent authority.
Piracy and mutiny on the high seas or in Philippine waters
1) Whenever the offenders have seized a
vessel by boarding or firing upon the
same;
2) Whenever the pirates have abandoned
1) Attacking or
1) A vessel is on the high seas or in Philippine waters; their victims without means of saving The penalty is higher
seizing a vessel;
2) The offenders are NOT members of its complement themselves; or
or passengers of the vessel; 3) Whenever the crime is accompanied by
While on the high
3) The offenders: murder, homicide, physical injuries or
122 Piracy seas or in Philippine
a) Attack or seize that vessel; or rape.
waters
2) Seizing in the b) Seize the whole or part of the cargo of said vessel,
vessel the whole or its equipment or personal belongings of its
part of its cargo, its complement or passengers. The offender is a crew member or
equipment or passenger and it is committed in PH Piracy under PD 532
personal belongings waters
of its complement or
passengers.

3
 1) The offender has fired upon the pilot,
member of the crew or passenger of the
aircraft;
1) Compelling a change in the course or destination of an aircraft of Philippine registry;
2) He has exploded or attempted to
2) Seizing or usurping the control thereof, while it is in flight;
explode any bomb or explosive to destroy The penalty is higher
3) Compelling an aircraft of foreign registry to land in Philippine territory; o
the aircraft; or
4) Seizing or usurping the control thereof while it is within PH territory.
RA 3) The crime is accompanied by murder,
Anti-Hijacking Law
6235 homicide, serious physical injuries or
rape.
5) Shipping, loading or carrying in any passenger aircraft operating as a public utility within the
Persons responsible
Philippines, any explosive, flammable, corrosive or poisonous substance or material;
Death or injury to persons may be held liable in
6) Shipping, loading or carrying the explosives, substances or materials in any cargo aircraft operating
Damage to property accordance with the
as a public utility within the Philippines, NOT in accordance with regulations issued by the Air
RPC
Transporation Office.
HUMAN SECURITY ACT
(RA 9372)
Under RPC Special Laws
Terrorism 1) Arson;
Any person who commits any of the punishable acts 4) Murder 2) RA 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act);
1) Piracy;
thereby sowing and creating a condition of widespread 5) Kidnapping and SID; 3) RA 5207 (Atomic Energy Regulatory and Liability Act);
3 2) Rebellion;
and extraordinary fear and panic among the populace, in 6) Crimes involving 4) Hijacking;
3) Coup d’etat
order to coerce the government to give in to an unlawful destruction 5) Piracy and Highway Robbery;
demand 6) Illegal Possession of Firearms

4
 TITLE TWO
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING,

PROHIBITION, INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS AND
CRIMES AGAINST RELIGIOUS WORSHIP
Arbitrary Detention and Expulsion
Crime Punishable Acts Elements Additional/Absent Element Result
The offender is a private
individual or a public officer who
1) The offender if a public officer or employee; Illegal detention
acted beyond the scope of his
2) He detains a person;
124 Arbitrary Detention Detaining any person without legal grounds authority
3) The detention is without legal grounds.
AD through
Planting of evidence incriminating innocent
persons
Detaining any person for some legal ground and
shall fail to deliver such person to the proper There is no legal ground Arbitrary Detention
judicial authorities within the period of:
Crimes/Offenses
Duration 1) The offender is a public officer or employee;
Punishable by The offender is a private
2) He has detained a person for some legal ground. Illegal Detention
Delay in the delivery Light penalties, or their individual
125 12 hours 3) He fails to deliver such person to the proper judicial
of persons equivalent;
authorities within the periods mentioned
Correctional penalties,
18 hours
or their equivalent
Afflictive or capital There is a warrant No crime
36 hours penalties, or their
equivalent.
1) Delaying for the period of time specified in Art.
1) The offender is a public officer or employee;
124 the performance of any judicial or executive
2) There is a judicial or executive order for the release
order for the release of a prisoner or detention
of a prisoner or detention prisoner, or there is a
prisoner;
126 Delaying release proceeding upon a petition for the liberation of such
2) Unduly delaying the service of the notice of such
person.
order to said prisoner; or
3) The offender without good reason delays those
3) Unduly delaying the proceedings upon any
mentioned ß
petition for the liberation of such person.
1) The offender is a public officer or employee.
1) Expelling any person from the Philippine
2) He expels any person from the Philippines or compels
127 Expulsion Islands; or
a person to change his residence.
2) Compelling a person to change his residence.
3) He is not authorized to do so by law.

5
 Violation of Domicile
The offender is a private Trespass to dwelling
individual
1) Entering any dwelling against the will of the
(3rd kind)
owner thereof;
The offender entered with the Unjust vexation
2) Searching papers or other effects found in the
1) The offender is a public officer or employee; permission of the owner
dwelling without the previous consent of such
128 Violation of domicile 2) He is not authorized by judicial order; 1) If the offense be committed in
owner;
3) He commits any of the punishable acts. the nighttime;
3) After having surreptitiously entered said
dwelling, and being required to leave the premises, 2) If any papers or effects not
The penalty is higher
shall refuse to do so. constituting evidence of a crime
be not returned immediately after
the search made by the offender
1) The offender is a public officer or employee; Willful and deliberate assertion
1) Procuring a search warrant without just cause; 2) He procures a search warrant. of falsehood in the affidavits Additional lability for
or 3) There is no just cause. filed in support of the application perjury
Search warrants for search warrant.
129
maliciously obtained 1) The offender is a public officer or employee;
2) Exceeding authority; or
2) He has legally procured a search warrant;
3) Using unnecessary severity in executing the
3) He exceeds his authority or uses unnecessary severity
warrant.
in executing the same.
1) The offender is a public officer or employee;
Searching the domicile, papers or other belongings
2) He is armed with search warrant legally procured;
of any person, in the absence of the latter, any
Searching domicile 3) He searches the domicile, papers or other belongings
130 member of his family, or in their default, without
without witnesses of any person;
the presence of two witnesses residing in the same
4) The owner, or any member of his family, or two
locality, in cases where a search is proper.
witnesses residing in the same locality are not present
Prohibition, interruption and dissolution of peaceful meetings
The meeting is not for a legal
Illegal assembly
purpose or becomes illegal
The offender is a private Disturbance of public
1) The offender is a public officer or employee;
individual order
1) Prohibiting, interrupting the holding or 2) He performs any of the acts mentioned.
Prohibition, The offender is a participant Unjust vexation
dissolving a peaceful meeting, without legal 3) The act is without legal ground;
interruption and ground; 4) The meeting interrupted must be peaceful; Acts tending to prevent
131 the meeting of
dissolution of peaceful 5) The offender must be a stranger, not a participant. The meeting is that of a
meetings Assembly and similar
legislative body
bodies/Disturbance of
proceedings
2) Hindering any person from joining any lawful 1) The offender is a public officer or employee;
association or from attending any of its meetings; 2) He performs any of the acts mentioned.

6
 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.
Crimes against religious worship
1) The offender is a public officer or employee;
1) Preventing; or
Interruption of 2. The religious ceremonies or manifestations of any Committed with violence or
132 2) Disturbing the ceremonies or manifestations of The penalty is higher
religious worship religion are about to take place or are going on; threats
any religion.
3) The offender prevents or disturbs the same.
1) In a place devoted to
Performing acts
religious worship; or 1) The acts complained of were performed ß
Offending religious notoriously offensive Not notoriously offensive to the
133 2) During the celebration 2) The acts must be notoriously offensive to the feelings Unjust vexation
feelings to the feelings of the feelings of the faithful
of any religious of the faithful.
faithful
ceremony

7
 TITLE THREE
CRIMES AGAINST PUBLIC ORDER

REBELLION, SEDITION
AND DISLOYALTY
Crime Punishable Act/s Elements Additional/Absent Element Result
1) That there be: The purpose is NOT political Sedition
a) A public uprising, and
b) Taking arms against the Government. Levying war is for the purpose of aiding
Treason
2) That the purpose of the uprising or movement is: the enemy
a) Removing from the allegiance to said Government or
Rising publicly and taking arms against the
134 Rebellion its laws:
Government
i) The territory of the Philippine Islands or any part
thereof, There is no public uprising Direct Assault
ii) Any body of land, naval or other armed forces;
b) Depriving the Chief Executive or the Legislature,
wholly or partially, of any of their powers or prerogatives
1) The offender is a person or persons belonging to the
military or police or holding any public office or
employment;
2) It is committed by means of a swift attack accompanied
by violence, intimidation, threat, strategy or stealth;
3) The attack is directed against:
Swift attack accompanied by violence,
a) Duly constituted authorities of the Republic of the
134- intimidation, threat, strategy or stealth, singly
Coup d’etat Philippines; or
A or simultaneously carried out anywhere in the
b) Any military camp or installation;
Philippines
c) Communications network;
d) Public utilities; or
e) Other facilities needed for the exercise and continued
possession of power
4) The purpose of the attack is to seize or diminish state
power.
Conspiracy and
1) Conspiracy to commit rebellion
proposal to
2) Proposal to commit rebellion
136 commit coup
3) Conspiracy to commit coup d’etat
d’etat or
4) Proposal to commit coup d’etat
rebellion

8
 1) Failing to resist a rebellion by all the means
in their power; or
Disloyalty of
2) Continuing to discharge the duties of their 1) The offender is a public officer or employee;
137 public officers There is conspiracy Rebellion
offices under the control of the rebels; or 2) He performs any of the punishable acts
or employees
3) Accepting appointment to office under
them.
1) The offender does not take arms or is NOT in open
hostility against the Government;
2) He incites others to the execution of any of the acts of
rebellion;
3) That the inciting is done by means of:
Inciting a Inciting others to the execution of any of the
138 a) Speeches;
rebellion acts or rebellion
b) Proclamations;
c) Writings;
d) Emblems;
e) Banners; or
f) Other representations tending to the same end
1) Preventing the promulgation or execution
of any law or the holding of any popular
election;
2) Preventing the National Gov’t, or any
There is taking up of arms against the
provincial or municipal gov’t or any public Rebellion
Government
officer thereof from freely exercising its or his
functions, or prevent the execution of any
administrative order;
Act/s Against
3) Inflicting any The person or property of
1) The offenders rise publicly, and tumultuously;
act of hate or any public officer or
2) They employ force, intimidation, or other means
139 Sedition revenge employee
outside of legal methods;
4) Committing 3) The objects are those under the acts punishable
for any political
Private persons or any
or social end,
social class
any act of hate
or revenge
5) Despoiling of
all its property
Any person, municipality
or any part
or province, or the
thereof, for any
National Government
political or
social end

9
 The agreement and the decision are for the Conspiracy to commit
Conspiracy to attainment an object of sedition without direct assault of the
141 Conspiracy to commit sedition
commit sedition any agreement to rise publicly and first form – not
tumultuously punishable
1) The offender does not take direct part in the crime of
sedition;
2) He incites others to the accomplishment of any of the
1) Inciting others to the accomplishment of
acts which constitute sedition;
any of the acts which constitute sedition.
3) The inciting is done by means of speeches,
proclamations, writings, emblems, cartoons, banners, or
other representations tending to the same end.
2) Uttering seditious words or speeches,
writing, publishing, or circulating scurrilous
libels against the Government of the
Philippines or any of the duly constituted
Inciting to
142 authorities thereof;
sedition
a) which tend to disturb or obstruct any lawful
officer in executing the functions of his office;
b) which tend to instigate others to cabal and
meet together for unlawful purposes; or
c) which suggest or incite rebellious
conspiracies or riots; or
d) which lead or tend to stir up the people
against the lawful authorities; or
e) to disturb the peace of the community, the
safety and order of the Government;
3) Knowingly concealing such evil practices
CRIMES AGAINST
POPULAR REPRESENTATION
Crimes against legislative bodies and similar bodies
Preventing the meeting of the Congress of
Act tending to
the Philippines or of any of its committees 1) That there be a projected or actual meeting of the
prevent the
or subcommittees, constitutional Congress or any of its committees, etc;
143 meeting of the
commissions or committees or divisions 2) The offender who may be any person prevents such
Congress and
thereof, or of any provincial board or city or meeting by force or fraud.
similar bodies
municipal council or board.
1) Disturbing the meetings of the Congress 1) That there be an actual meeting of the Congress, its
Disturbance of of the Philippines or of any of its committees committees, etc.
144
proceedings or subcommittees, constitutional 2) The offender does any of the following acts:
commissions or committees or divisions a) He disturbs any of such meetings.

10
 thereof, or of any provincial board or city or b) He behaves while in the presence of any such bodies in
municipal council or board; or such a manner as to interrupt its proceedings or to impair
2) Behaving in such manner in the presence the respect due it.
of any such bodies as to:
a) interrupt its proceedings; or
b) to impair the respect due it
1) Preventing any member of the Congress
from:
a) Attending the meetings of the Congress or
of any of its committees or subcommittees, 1) The offender uses force, intimidation, threat or fraud;
constitutional commissions or committees 2) The purpose is ß
or divisions thereof;
Violation of b) Expressing his opinions; or
145 parliamentary c) Casting his vote
immunity 1) The offender is a public officer or employee;
2) Arresting or
EXCEPT: 2) He arrests or searches any member of Congress;
searching any
If the offense is 3) Congress, at the time of arrest or search, is in regular or
member of the
punishable by more special session
Congress while the
than 6 years 4) The member arrested or searched has not committed a
same is in regular or
imprisonment. crime punishable under the Code by a penalty higher than
special session
prision mayor.
ILLEGAL ASSEMBLIES
AND ASSOCIATIONS
Crime Punishable Act/s Who Commits Elements Additional/Absent Element Result
1) There is a meeting, a gathering
The purpose is to commit an offense
or group of persons, whether in a
punishable under special laws
fixed place or moving;
1) Attending a meeting for the purpose of
Armed persons who 2) The meeting is attended by Illegal assembly is not
committing any of the crimes punishable
attend the meeting armed persons; committed
under the RPC
3) The purpose of the meeting is None of the persons are armed
to commit any of the crimes
Illegal punishable under the Code.
146
assemblies 1) There is a meeting, a gathering
or group of persons, whether in a
2) Attending a meeting in which the fixed place or moving;
The audience of the
audience is incited to the commission of 2) The audience, whether armed The intent of the leader or organizer is to
meeting, whether armed Inciting to sedition
the crime of treason, rebellion or or not, is incited to the incite the audience to sedition
or not
insurrection, sedition, or direct assault. commission of the crime of
treason, rebellion or insurrection,
sedition or direct assault.

11
 1) Totally or partially organizing for the
purpose of:
1) Founders;
a) Committing any of the crimes
Illegal 2) Directors; and
147 punishable under the RPC; or
associations 3) Presidents
b) Some purpose contrary to public
morals
2) Joining said associations Members
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO,
PERSONS IN AUTHORITY AND THEIR AGENTS
Persons in authority In applying the provisions of Articles 148 and 151 of this Code, teachers, Agents of a person in authority A person who, by direct
Any person directly vested with jurisdiction, whether as an individual or professors and persons charged with the supervision of public or duly provision of law or by election or by appointment by
152 as a member of some court or governmental corporation, board, or recognized private schools, colleges and universities, and lawyers in the competent authority, is charged with the maintenance of
commission, shall be deemed a person in authority. A barrio captain and actual performance `of their professional duties or on the occasion of public order and the protection and security of life and
a barangay chairman shall also be deemed a person in authority. such performance, shall be deemed persons in authority. property.
Crime Punishable Acts Against Elements Additional/Absent Result
Element
1) The offender employs force or intimidation;
1) Employing force or intimidation for the 2) The aim of the offender is to attain any of the
attainment of any of the purposes of Any person purposes of rebellion or any of the objects in the
rebellion and sedition; crime of sedition;
3) There is no public uprising.
1) The offender commits any of the punishable 1) Committed with a
acts ß weapon; or
2) The person assaulted is a person in authority 2) The offender is a public
The penalty is higher
or his agent; officer or employee; or
3) The person in authority or his agent is 3) The offender lays hands
engaged in the actual performance of official upon a PA
148 Direct Assault Any person in authority duties; or the is assaulted by reason of the past The PA is not assaulted
2) a) Attacking; or any of his agents, performance of official duties. while engaged in the
PI, Qualified less
b) Employing force; while engaged in the 4) The offender knows that the one he is performance of official
serious PI, homicide
c) Seriously intimidating; or performance of official assaulting is a person in authority or his agent functions or on occasion of
d) Seriously resisting duties, or on occasion of in the exercise of his duties. such performance
such performance 5) There is no public uprising. It will be treated as a
The public officer assaulted
generic aggravating
is not a PA
circumstance
Slight physical injuries are Separate crimes of DA
inflicted upon a PA and slight PI
No intent to ignore or defy
Resistance
the PA or APA

12
 1) A person in authority or his agent is the
victim of any of the forms of direct assault;
Making use of force or intimidation on Any person coming to the 2) A person comes to the aid of such authority
149 Indirect Assault occasion of the commission of a direct aid of agents of persons or his agent;
assault. in authority 3) The offender makes use of force or
intimidation upon such person coming to the aid
of the authority or his agent.
1) Refusing, without legal excuse, to obey
summons;
2) Refusing to be sworn or placed under
Congress, its special or
affirmation while being before such
standing committees and
legislative or constitutional body or
subcommittees, the
official;
Constitutional
3) Refusing to answer any legal inquiry or
commissions and its
Disobedience to to produce any books, papers, documents,
committees,
150 summons issued or records in his possession, when
subcommittees or
by the Congress required by them to do so in the exercise
divisions, or by any
of their functions;
commission or
4) Restraining another from attending as a
committee chairman or
witness in such legislative or
member authorized to
constitutional body;
summon witnesses.
5) Inducing disobedience to a summons or
refusal to be sworn by any such body or
official.
1) A PA or his agent is engaged in the
performance of official duty or gives a lawful
order to the offender;
1) Resisting; or
2) The offender resists or seriously disobeys
Resistance and 2) Seriously disobeying
Any person in authority such person in authority or his agent.
disobedience to
or his agents while 3) The act of the offender is not included in the
a person in
151 engaged in the provisions of Arts. 148, 149, and 150.
authority or the
performance of official 1) An APA is engaged in the performance of
agents of such
duties official duty or gives a lawful order to the
person
offender;
3) Disobeying
2) The offender disobeys such agent of a person
in authority; and
3) Such disobedience is not of a serious nature.
PUBLIC DISORDERS
Crime Punishable Acts Elements Additional/Absent Element Result
1) Causing any serious disturbance in a public The disturbance is of a tumultuous
153 The serious disturbance must be planned or intended The penalty is higher
place, office or establishment; character

13
 Interruption of
2) Interrupting or disturbing performances,
Disturbing or interrupting a meeting or religious worship or
functions or gatherings, or peaceful meetings, if
Tumults and religious ceremony Offending religious
the act is not included in Arts. 131 or 132;
other disturbance feelings
of public orders; 3) Making any outcry tending to incite rebellion The offender intentionally calculated to
Inciting to
Tumultuous or sedition in any meeting, association or public incite the hearers or readers to commit
rebellion/sedition
disturbance or place; rebellion or sedition
interruption 4) Displaying placards or emblems which
liable to cause provoke a disturbance of public order in such
disturbance place; The disturbance is NOT serious Alarms and scandals
5) Burying with pomp the body of a person who
has been legally executed.
1) Publishing or causing to be published, by
means of printing, lithography or any other
means of publication, as news any false news The offender must know that the news is false
which 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
Unlawful use of
constituted authorities or praising, justifying or
means of
extoling any act punished by law;
154 publication and
3) Maliciously publishing or causing to be
unlawful
published any official resolution or document
utterances.
without proper 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 which are classified as anonymous.
The firearm was directed to a person who
Discharge of firearm
has NOT hit, and there is NO intent to kill
1) Discharging any firearm, rocket, firecracker,
1) The firearm must not be aimed at a person; The person was hit, but there was NO
or other explosive within any town or public Physical injuries
2) It should produce alarm or danger; intent to kill
place, calculated to cause (which produces)
Alarms and 3) The disturbance must not be serious Attempted or
155 alarm or danger; There is intent to kill
scandals frustrated homicide
The weapon is NOT discharged Threat
2) Instigating or taking an active part in any
The noise or disturbance is directed
charivari or other disorderly meeting offensive to The disturbance must not be serious Unjust vexation
towards a particular person or family
another or prejudicial to public tranquility;

14
 3) Disturbing the public peace while wandering
about at night or while engaged in any other
nocturnal amusements; and
The disturbance is serious Tumults
4) Causing any disturbance or scandal in public
places while intoxicated or otherwise, provided
Art. 153 is not applicable.
1) There is a person confined in a jail or penal The offender is the custodian of the Infidelity in the
Delivery of 1) Removing from any jail or penal establishment establishment; prisoner custody of prisoners
156 prisoners from any person confined therein; or 2) The offender removes therefrom such person or
jails 2) Helping the escape of such person. helps the escape of such person; Violence, intimidation, or bribery are used The penalty is higher
3) The offender is NOT the custodian of the prisoner
EVASION OF SERVICE
OF SENTENCE
If such evasion or escape shall have taken
place:
1) By means of unlawful entry;
2) By breaking doors, windows, gates,
1) The offender is a convict by final judgment;
walls, roofs, or floors;
Evading service of his sentence by the convict by 2) He is serving his sentence which consists in The penalty is higher
Evasion of service 3) By using picklocks, false keys, deceit,
157 escaping during the term of his imprisonment by deprivation of liberty.
of sentence violence or intimidation; or
reason of final judgment. 3) He evades the service of his sentence by escaping
4) Through connivance with other
during the term of his sentence.
convicts or employees of the penal
institution.
Committed by minors or detention
No crime
prisoners
1) The offender is a convict by final judgment
confined in a penal institution;
2) There is a disorder resulting from:
Evasion of service a) Conflagration; b) Earthquake; c) Explosion;
Evading the service of his sentence by the
of sentence on the d) Similar catastrophe; or
convict, by leaving the penal institution where he
occasion of e) Mutiny in which he has not participated;
shall have been confined, on the occasion of
158 disorder, 3) The offender leaves the penal institution where he
disorder resulting from a conflagration,
conflagrations, is confined, on the occasion of such disorder or during
earthquake, explosion, or similar catastrophe, or
earthquakes, or the mutiny.
during a mutiny in which he has not participated.
other calamities 4) He fails to give himself up to the authorities within
48 hours following the issuance of a proclamation by
the Chief announcing the passing away of such
calamity.

15
 1) The offender was a convict;
Other cases of
Violating the conditions of a pardon granted to 2) He was granted a conditional pardon by the Chief
159 evasion of service
the convict by the Chief Executive Executive;
of sentence
3) He violated any of the conditions of such pardon.
COMMISSION OF ANOTHER CRIME DURING SERVICE OF
PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE
1) Committing a felony after having been
convicted by final judgment
160 Quasi-Recidivism
a) Before beginning to serve such sentence; or
b) While serving the same

16
 TITLE FOUR
CRIMES AGAINST PUBLIC INTEREST

FORGERIES
Forging the seal of the Government of the Philippine Islands, the signature or stamp of the Chief Executive
Crime Punishable Act/s Subject of the Offense Elements Additional/Absent Element Result
Counterfeiting the
great seal of the
Government of the
Philippine Islands,
161 Forging
forging the
1) The Great Seal of the
signature or stamp
Government of the
of the Chief
Philippine Islands; or
Executive
2) The signature or stamp
1) The Great Seal of the Republic was counterfeited
of the Chief Executive.
or the signature or stamp of the Chief Executive
Using forged
was forged by another person;
signature or Knowingly Counterfeiting, etc. under
162 2) The offender knew of the counterfeiting or The one who used is the forger
counterfeit seal or making use Art. 161
forgery;
stamp
3) He used the counterfeit seal or forged signature
or stamp.
Counterfeiting Coins
1) Making; False coins which may
2) Importing; or be:
1) Silver coins of the 1) That there be false or counterfeited coins;
Philippines; 2. The offender either made, imported or uttered
Making and
2) Coins of the Central such coins;
163 importing and
3) Uttering Bank; 3) That in case of uttering such false or
uttering false coins
3) Minor coinage of the counterfeited coins, he connived with the
Philippines; or counterfeiters or importers.
4) Currency of a foreign
country
Coins of the legal
Mutilation of currency of the United
1) Mutilating;
coins; Importation States or of the Philippine
164
and utterance of Islands
mutilated coins 2) Importing; or
Mutilated current coins
3) Uttering

17
 1)Knowingly 1) Possession;
Selling of false or possessing with 2) Intent to utter;
165 mutilated coin, intent to utter; or False or mutilated coins 3) Knowledge
without connivance 2) Actually 1) Actually uttering;
uttering 2) Knowledge
Forging treasury or bank notes, obligations and securities; importing and uttering false or forged notes, obligations and securities
1) Treasury or bank notes
or certificates;
2) Other obligations and If the forged objects are not ß Falsification
securities payable to
bearer.
Forging treasury or a) Obligations or
bank notes on other securities of the US or
documents payable 1) Forging; Philippines;
to bearer; 2) Falsifying; b) Circulating note issued
166
importing, and 3) Importing; by any banking
uttering such false 4) Uttering association duly
or forged notes and authorized by law to issue
documents the same;
c) Document issued by a
foreign government;
d) Circulating note or bill
issued by a foreign bank
duly authorized therefor.
1) That there be an instrument payable to order or
Counterfeiting, 1) Any instrument
other document of credit not payable to bearer;
importing and 1) Forging; payable to order; or
2) The offender either forged, imported or uttered
167 uttering 2) Importing; 2) Other document of
such instrument.
instruments not 3) Uttering credit not payable to
3) In case of uttering, he connived with the forger
payable to bearer bearer
or importer.
1) That any treasury or bank note or certificate or
Illegal possession
1) Knowingly other obligation and security payable to bearer, or
and use of false
using; or Any of the false or any instrument payable to order or other document
treasury or bank
168 2) Knowingly falsified instruments of credit not payable to bearer is forged or falsified
notes and other
having in his referred to in this section by another person;
instruments of
possession 2) The offender knows that any of those
credit
instruments is forged or falsified.
1) By giving to a treasury or bank note or any instrument, payable to bearer or order mentioned
How forgery is therein, the appearance of a true genuine document.
169
committed 2) By erasing, substituting, counterfeiting or altering by any means the figures, letters, words or signs
contained therein.

18
 Falsification of legislative, public, commercial, and private documents, and wireless, telegraph, and telephone message
Elements Additional/Absent Result
Crime Punishable Acts Subject Who Commits
Element
Altering the ff:
1) Bill;
1) There is a bill, resolution, etc. ß;
2) Resolution; or
Falsification of Any person without 2) The offender alters the same; The alteration does not
3) Ordinance enacted or approved or Falsifications in
170 legislative proper authority 3) He has no proper authority therefor; change the meaning of the
pending approval by: Art. 171 or 172
documents therefor 4) The alteration has changed the meaning of the document
a) Either House of the Legislature;
document.
b) Any provincial board or municipal
council.
Official
Private
Its issuance is mandated by law and in the
A deed between private individuals Public
performance of official duty
Kinds of by which something is proved, A private document that has been
Documents evidenced or set forth, and for which notarized; one that has become part
Commercial
a notary public or authorized person of the public record.
One prepared in accordance with mercantile
has not intervened
laws.
1) Counterfeiting, which is imitating any
Causing it to
handwriting, signature or rubric;
appear that
While taking a) that there be an intent to imitate, or an attempt
persons have
advantage of his to imitate, and
1) Counterfeiting or imitating any No attempt whatsoever by participated in
Any official position: b) that the two signatures or handwritings, the
handwriting, signature or rubric; the accused to imitate the any act or
document 1) Public officer; genuine and the forged, bear some resemblance
signatures of other persons proceeding
2) Employee; or to each other; and
when they did
3) Notary 2) Feigning, which is simulating a signature,
not in fact so
handwriting or rubric out of one which does not
Falsification by participate
in fact exist.
public officer,
1) The offender caused it to appear in a
employee or 2) Causing it to appear that persons
171 document that a person or persons participated
notary or have participated in any act or
in an act or a proceeding; and
ecclesiastic proceeding when they did not in fact
2) Such person or persons did not in fact so
minister so participate;
Any ecclesiastical participate in the act or proceeding.
minister, when 1) A person/s participated in an act or a
Any record or
falsification may proceeding;
document
3) Attributing to persons who have affect the civil 2) Such person/s made statements in that act or
participated in an act or proceeding status of persons proceeding; and
statements other than those in fact 3) The offender, in making a document,
made by them; attributed to such person or persons statements
other than those in fact made by such person or
persons.

19
 1) The offender makes in a document statements
in a narration of facts;
2) He has a legal obligation to disclose the truth
of the facts narrated by him;
4) Making untruthful statements in a
3) The facts narrated by the offender are
narration of facts;
absolutely false; and
4) The perversion of truth in the narration of
facts was made with the wrongful intent of
injuring a third person.
5) Altering true dates; The date must be essential
1) That there be an alteration (change) or
intercalation (insertion) on a document;
6) Making any alteration or 2) It was made on a genuine document;
intercalation in a genuine document 3) The alteration or intercalation has changed the
which changes its meaning; meaning of the document; and
4) The change made the document speak
something false.
7) 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 a
copy a statement contrary to, or
It must be made on a genuine document
different from, that of the genuine
original; or
8) Intercalating any instrument or
note relative to the issuance thereof in
a protocol, registry, or official book.
1) Public; or .
2) Official 1) Any private
document; individual; or
3) Letter of 2) A public officer
1) Committing any of the
Falsification by exchange; or or employee who
falsifications in 171;
private 4) Any other did not take
172 individual and kind of advantage of his
use of falsified commercial public position
documents document
2) Committing any of the
Civil or
falsifications in 171 to the damage of Private There is no damage or
Any person administrative
a third party or with intent to cause Document intent to cause damage
liability
such damage;

20
 1) The offender knew that a document was
falsified by another person;
3) Knowingly introducing in
2) The false document is embraced in Art. 171
evidence in any judicial proceeding;
or in any subdivisions No. 1 or 2 of Art. 172;
or
3) He introduced said document in evidence in
Any of the
any judicial proceeding.
false
1 & 2) ^ same
documents
3) He used such document in a proceeding which
4) Using to the damage of another or is NOT judicial;
with the intent to cause such damage 4) The use of the false document caused damage
to another or at least it was used with intent to
cause such damage.
Officer or
employee of the
1) The offender is ß
Govt or any private
2) The offender commits any of the following
corporation or
acts:
1) Uttering; concern engaged in
a) Uttering fictitious wireless, cable, telegraph or
Falsification of 2) Falsifying; the service of
telephone message; or
wireless, cable, A fictitious sending or
b) Falsifying wireless, cable, telegraph, or
telegraph and wireless, receiving wireless,
telephone message.
telephone telegraph or cable or telephone
173
messages, and telephone message
use of said message of 1) The accused knew that wireless, cable,
falsified any system telegraph, or telephone message was falsified by
messages any of the persons specified in the first paragraph
of Art. 173;
3) Using Any person
2) The accused used such falsified dispatch;
3) The use of the falsified dispatch resulted in the
prejudice of a third party, or that the use thereof
was with intent to cause such prejudice.
Falsification of medical certificates, certificates of merit or services and the like
In connection with
1) The offender is a physician or surgeon;
the practice of his
Medical 2) A medical certificate is issued;
profession:
False medical certificate 3) It was issued in connection with the offender’s
1) Physician; or
certificates, false practice of his profession
2) Surgeon
174 certificates of 1) Issuing;
1) Certificate
merits or 1) The offender is any public officer;
of merit of
service, etc. 2) A certificate of merit of service or certificate
service; Any public officer
of good conduct or similar circumstances was
2) Certificate
issued
of good

21
 conduct or
similar
circumstances
1) The offender is any private individual;
2) Falsifying Any private person 2) The offender falsified any of the mentioned
certificates.
1) A physician or surgeon had issued a false
medical certificate, or a public officer had issued
Certificates in
a false certificate of merit or service, good
Art. 174
Using false conduct, or similar circumstances, or a private
175 Knowingly using Any person
certificates person had falsified any of said certificates;
2) The offender knew that the certificate was
false;
3) He used the same.
Manufacturing, importing and possession of instruments or implements intended for the commission of falsification
1) Stamps;
Manufacturing 2) Dies;
1) Making; or
and possession 3) Marks; or
2) Introducing into the Philippine
176 of instruments 4) Other instruments or implements
Islands; or
or implements intended to be used in the
3) Possessing, with intention of using
for falsification commission of the offenses of
counterfeiting or falsification
OTHER FALSITIES
Usurpation of authority, rank, title, and improper use of names, uniforms and insignia
Crime Punishable Acts Elements Additional/Absent Element Result
1) Knowingly and falsely representing himself to
be an officer, agent or representative of any
department or agency of the Philippine
Government or of any foreign government.
Usurpation of
2) Performing under pretense of official position
177 authority or
and without being lawfully entitled to do so:
official functions
a) Any act pertaining to any person in authority or
public officer of the Philippine Government; or
b) Any foreign government; or
c) Any agency thereof
1) Concealing a crime; The convict will be liable
Using fictitious 2) Evading the 1) The offender uses a name other than his real for evasion of service of
name and 1) Publicly using a execution of a name; A person takes the place of another who sentence;
178
concealing true fictitious name; judgment; or 2) He uses that fictitious name publicly; has been convicted by final judgment The offender will be liable
name 3) Causing damage to 3) Purpose ß for delivering prisoners
public interest from jail
22
 1) The offender conceals:
2) Concealing true
a) his true name; and
name and other
b) all other personal circumstances;
personal circumstances
2) The purpose is only to conceal his identity.
1) The offender makes use of insignia, uniform or
dress;
Publicly and improperly making use of insignia,
Illegal use of 2) The insignia, uniform or dress pertains to an
uniforms, or dress pertaining to:
179 uniforms or office not held by the offender or to a class of
1) An office not held by such person; or
insignia persons of which he is not a member;
2) A class of persons of which he is not a member.
3) Said insignia, uniform or dress is used publicly
and improperly.
False testimony
Crime Punishable Act/s Elements Additional/Absent Element Result
1) That there be a criminal proceeding;
2) The offender testifies falsely under oath against the
defendant therein;
False testimony 3) The offender who gives false testimony knows that it
Giving false testimony against the defendant
180 against a is false;
in criminal cases
defendant 4) The defendant against whom the false testimony is
given is either acquitted or convicted in a final judgment;
5) In case of conviction, the defendant must have been
sentenced to at least a correctional penalty or a fine.
1) That there be a criminal proceeding;
False testimony 2) The offender testifies falsely under oath in favor of the
Giving false testimony in favor of the
181 favorable to the defendant therein;
defendant in criminal cases
defendants 3) The offender who gives false testimony knows that it
is false.
1) The testimony must be given in a civil case;
2) The testimony must relate to the issues presented in
said case;
False testimony May fall under
182 Giving false testimony in civil cases 3) The testimony must be false; The testimony is given in a special proceeding
in civil cases Art. 183
4) The offender must know that it is false;
5) The testimony must be malicious and given with an
intent to affect the issues presented in said case.
1) The accused made a statement under oath or executed The document is NOT required by law to be
False testimony 1) Falsely testifying under oath; or an affidavit upon a material matter; under oath
in other cases 2) Making an affidavit upon any material 2) The statement or affidavit was made before a
183 and perjury in matter before a competent person authorized competent officer, authorized to receive and administer Falsification
The statements on a material matter are NOT
solemn to administer an oath in cases in which the law oath;
false
affirmation so requires. 3) That in that statement or affidavit, the accused made a
willful and deliberate assertion of a falsehood; and

23
 4) That the sworn statement or affidavit containing the
falsity is required by law;
5) In case of falsely testifying under oath, it must NOT
be in a judicial proceeding
1) The offender offered in evidence a false witness or
Offering false
Knowingly offering in evidence a false false testimony;
184 testimony in
witness or testimony 2) He knew the witness or the testimony was false;
evidence
3) The offer was made in a judicial or official proceeding.
FRAUDS
Machinations, monopolies and combinations
Elements Additional/Absent Result
Crime Punishable Acts
Element
1) That there be a public auction;
2) The accused solicited any gift or a promise from any of the bidders;
1) Soliciting any gift or promise as a
3) Such gift or promise was the consideration for his refraining from taking
consideration for refraining from taking part in
part in that public auction;
any public auction;
4) That the accused had the intent to cause the reduction of the price of the
Machinations in thing auctioned.
185
public auctions 1) That there be a public auction;
2) The accused attempted to cause the bidders to stay away from that public
2) Attempting to cause bidders to stay away from auction;
an auction 3) It was done by threats, gifts, promises or any other artifice;
4) The accused had the intent to cause the reduction of the price of the thing
auctioned.
1) Entering into any contract or agreement; or
2) Taking part in any conspiracy or combination
in restraint of trade or commerce;
3) Preventing free competition in the market;
4) Monopolizing any merchandise or object of
Monopolies and trade or commerce; or
186 combinations in 5) Combining with any other person or persons The purpose is to restrain free competition in the market
restraint of trade to monopolize and merchandise or object in
order to alter the price thereof
Purpose:
1) To make transactions prejudicial to lawful commerce; or
6) Combining, conspiring, or agreeing with any
2) To increase the market price of any merchandise or object of commerce
person
manufactured, produced, processed, assembled or imported into the
Philippines.

24
 TITLE FIVE
CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

COMPREHENSIVE DANGEROUS DRUGS ACT

(RA 9165)
Suspension of 1) He has not been previously convicted of violating any provision of RA 9165, or of the RPC or 4) He can only avail of the privilege once;
Sentence of First of any special penal laws; 5) It is only applicable to use of dangerous drugs
66
Time Minor 2) He has not been previously committed to a Center or to the care of a DOH-accredited physician;
Offender 3) The Board favorably recommends that his/her sentence be suspended.
Sec. Crime Punishable Acts Elements Additional/Absent Element Result
1) The accused is in possession of an item or object
which is identified to be a prohibited drug;
Possession of Possessing any dangerous drug in the
11 2) Such possession is not authorized by law;
Dangerous Drugs specified quantities
3) The accused freely and consciously possessed the
said drug.
1) Delivering any dangerous drug or 1) The accused passed on possession of the DD to
Delivery of any CP/EC; another, personally or otherwise;
Dangerous Drugs 2) Acting as broker in any such 2) Such delivery is NOT authorized by law;
transactions 3) The accused knowingly made the delivery.
5
1) Selling any dangerous drug or any 1) The identity of the buyer and seller, the object and
Liability for illegal
Sale of Dangerous CP/EC; consideration must be proven; The quantity possessed is greater than the
possession for the excess
Drugs 2) Acting as broker in any such 2) The delivery of the thing sold and the payment quantity negotiated
amount
transactions therefor must be proven.
The person is a drug dependent who
Being found to be positive for use of voluntarily submits himself for confinement, No criminal liability
Use of Dangerous
15 any dangerous drug, after a treatment and rehabilitation in a center
Drugs
confirmatory test If he is in possession of DD in the specified
Possession of DD
quantities

25
 TITLE SIX
CRIMES AGAINST PUBLIC MORALS

OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

Crime Punishable Acts Elements Additional/Absent Element Result
1) The offender performs an act or acts highly
scandalous as offending against decency or
good customs;
Offending against decency or good customs by any 2) The highly scandalous conduct is not
200 Grave Scandal highly scandalous conduct not expressly falling expressly falling within any other article of
within any other article of the RPC. the RPC;
3) The act or acts complained of be committed
in a public place or within the public
knowledge or view.
1) Publicly expounding or proclaiming doctrines
openly contrary to public morals;
2) Authoring obscene literature, when published
with their knowledge in any form
3) Publishing obscene literature
4) Selling obscene literature
5) Exhibiting indecent or immoral plays, scenes,
acts or shows, whether live or in film, in theaters,
Immoral fairs, cinematographs or any other place, including
doctrines, those which:
obscene (a) glorify criminals or condone crimes;
201
publications and (b) serve no other purpose but to satisfy the market
exhibitions and for violence, lust or pornography;
indecent shows (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;
6) Selling, giving away or exhibiting films, prints,
engravings, sculpture or literature which are
offensive to morals.
Habitually indulging in sexual intercourse or
202 Prostitutes
lascivious conduct for money or profit.

26
 TITLE SEVEN
CRIMES COMMITTED BY PUBLIC OFFICERS

Who are public officers.

For the purpose of applying the provisions of this and the preceding titles of this book, any person who, by direct provision of the law, popular election or appointment
203
by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, of shall perform in said Government or in
any of its branches public duties as an employee, agent or subordinate official, of any rank or class, shall be deemed to be a public officer.
MALFEASANCE AND MISFEASANCE
IN OFFICE
Dereliction of Duty
Crime Punishable Acts Elements Additional/Absent Element Result
1) The offender is a judge;
Knowingly rendering an unjust 2) He renders a judgment in a case submitted to him
Knowingly rendering
204 judgment in a case submitted to him for decision;
an unjust judgment
for decision. 3) The judgment is unjust;
4) He knows that his judgment is unjust.
1) The offender is a judge;
Rendering a manifestly unjust
2) He renders a judgment in a case submitted to him
Judgment rendered judgment in a case submitted to him
205 for decision;
through negligence for decision by reason of
3) The judgment is manifestly unjust;
inexcusable negligence or ignorance
4) It is due to his inexcusable negligence or ignorance.
1) Knowingly rendering an unjust
interlocutory or decree; or
Unjust interlocutory 1) The offender is a judge;
206 2) Rendering an unjust interlocutory The judgment was rendered knowingly. The penalty is higher
order 2) He performs any of the acts ß
order by reason of inexcusable
negligence or ignorance
1) The offender is a judge;
2) There is a proceeding in his court;
Malicious delay in the
Maliciously delaying the 3) He delays the administration of justice;
207 administration of
administration of justice 4) The delay is malicious (caused by the judge with
justice
deliberate intent to inflict damage on either party in the
case)
1) The offender is a public officer or officer of the law
who has a duty to cause the prosecution of, or to
1) Maliciously refraining from
prosecute offenses;
Prosecution of instituting prosecution against
2) There is dereliction of the duties of his office:
208 offenses; negligence violators of the law; or
a) Knowing the commission of the crime, he does not
and tolerance 2) Maliciously tolerating the
cause the prosecution of the criminal; or
commission of offenses
b) Knowing that a crime is about to be committed, he
tolerates its commission;
27
 3) The offender acts with malice and deliberate intent
to favor the violator of the law.
1) Causing damage to his client,
either by:
a) Any malicious breach of 1) The offender is an attorney;
professional duty; or 2) There must be damage to his client.
b) Inexcusable negligence or
ignorance;
2) Revealing any of the secrets of
Betrayal of trust by an his client learned by him in his
209 attorney or solicitor; professional capacity; or
Revelation of Secrets 3) Undertaking the defense of the
opposing party in the same case,
without the consent of his first
client,
a) After having undertaken the
defense of said first client; or
b) After having received
confidential information from said
client.
Bribery
1) The offender is a public officer within the scope of
1) Agreeing to perform, or by
Art. 203;
performing, in consideration of any
2) The offender accepts an offer or a promise or
offer, promise, gift or present — an
receives a gift or present by himself or through
act constituting a crime, in The public officer commits the crime agreed Additional penalty for the
another.
connection with the performance of upon crime committed
3) Such offer or promise be accepted, or gift or present
his official duties;
received by the public officer:
2) Accepting a gift in consideration
a) With a view to committing some crime; or
210 Direct Bribery of the execution of an unjust act
b) In consideration of the execution of an act which
which does not constitute a crime, in
does not constitute a crime, but the act must be unjust;
connection with the performance of
or
his official duty;
c) To refrain from doing something which it is his
3) Agreeing to refrain, or by Attempted corruption of
official duty to do; The public officer refused to be corrupted
refraining, from doing something public officers
4) That the act which the offender agrees to perform or
which it is his official duty to do, in
which he executes be connected with the performance
consideration of gift or promise.
of his official duties.
Accepting gifts offered to him by 1) The offender is a public officer;
211 Indirect Bribery
reason of his office 2) He accepts gifts;

28
 3) The said gifts are offered to him by reason of his
office
1) The offender is a public officer entrusted with law The penalty is NOT reclusion perpetua
Dereliction of duty
Refraining from arresting or enforcement; and/or death
prosecuting an offender who has 2) He refrains from arresting or prosecuting an
211- committed a crime punishable by offender who has committed a crime punishable by
Qualified Bribery
A reclusion perpetua and/or death in reclusion perpetua and/or death; The public officer asks or demands for the
The penalty is higher
consideration of any offer, promise, 3) He refrains from arresting or prosecuting the gift or present
gift or present. offender in consideration of any promise, gift or
present.
1) The offender makes offers or promises or gives gifts
Making offers or promises or giving
or presents to a public officer.
the gifts or presents to a public
Corruption of public 2) The offers or promises are made or the gifts or
212 officer under circumstances that
officials presents given to a public officer, under circumstances
will make the latter guilty of direct
that will make the public officer liable for direct
or indirect bribery
bribery or indirect bribery.
FRAUDS AND ILLEGAL EXACTIONS
AND TRANSACTIONS
1) The offender is a public officer;
2) He should have taken advantage of his office, that is, he
intervened in the transaction in his official capacity.
1) Entering into an agreement with any interested
3) He entered into an agreement with any interested party
party or speculator or making use of any other
or speculator or made use of any other scheme with regard
scheme, to defraud the Government, in dealing with
to:
any person with regard to furnishing supplies, the
a) Furnishing supplies,
making of contracts, or the adjustment or settlement
b) The making of contracts, or
of accounts relating to public property or funds;
c) The adjustment or settlement of accounts relating to
Frauds against the
public property or funds. Committed by BOC/BIR Not liable under this
213 public treasury and
4) The accused had intent to defraud the Government. officials article
similar offensesxs
2) Demanding, directly or indirectly, the payment
of sums different from or larger than those
authorized by law;
3) Failing voluntarily to issue a receipt, as provided 1) The offender is a public officer entrusted with the
by law, for any sum of money collected by him collection of taxes, licenses, fees and other imposts;
officially; 2) He performs any of the acts ß
4) Collecting or receiving, directly or indirectly, by
way of payment or otherwise, things or objects of a
nature different from that provided by law.
Committing any of the frauds or deceits enumerated 1) The offender is a public officer;
214 Other frauds
in Arts. 315 to 318. 2) He takes advantage of his official position;

29
 3) He commits any of the frauds or deceits enumerated in
Arts. 315 to 318.
1) The offender is an appointive public officer.
2) He becomes interested, directly or indirectly, in any
Directly or indirectly becoming interested in any transaction of exchange or speculation;
Prohibited
215 transaction of exchange or speculation within the 3) The transaction takes place within the territory subject
transactions
territory subject to his jurisdiction. to his jurisdiction;
4) He becomes interested in the transaction during his
incumbency.
1) Directly or indirectly becoming interested in any
contract or business in which it is his official duty
to intervene.
2) Taking part in any contract or transaction
Possession of
connected with the estate or property in appraisal, 1) The offender is a public officer;
216 prohibited interest by
distribution or adjudication of which they shall have 2) He commits any of the acts ß
a public officer
acted;
3) Taking part in any contract or transaction
connected with the property belonging to their
wards or the estate
ANTI-GRAFT AND CORRUPT PRACTICES ACT
(RA 3019)
Sec. Punishable Acts Elements
1. The offender has family or close personal relation with a
public official;
1) Influencing another public officer to perform an 2) He capitalizes or exploits or takes advantage of such family
act constituting a violation of rules and regulations, or close personal relation by directly or indirectly requesting or
or an offense in connection with the duties of the receiving any present, gift, material or pecuniary advantage
3(a) latter; from any person having some business, transaction, application,
2) Allowing himself to be influenced to commit such request or contract with the government;
violation or offense 3) The public official with whom the offender has family or
close personal relation has to intervene in the business
transaction, application, request, or contract with the
government.
1) The offender is a public officer;
2) He requested and/or received a gift, present, etc.;
3) The gift, present, etc. was for the benefit of said public
3(b) officer;
4) He requested and/or received the gift, present, etc. in
connection with a contract or transaction with the government;
and

30
 5) He has the right to intervene in such contract or transaction
in his/her official capacity under the law.
1) The accused must be a public officer discharging
administrative, judicial or official functions;
1) Causing any injury to any party, including the 2) He must have acted with manifest partiality, evident bad faith
Government; OR or inexcusable negligence; and
3(e)
2) Giving any party any unwarranted benefit, 3) His action caused any undue injury to any party, including
advantage or preference the government, or giving any private party unwarranted
benefits, advantage or preference in the discharge of his
functions.
1) The offender is a public officer;
2) He has neglected or has refused to act without sufficient
justification after due demand or request has been made on him;
3) Reasonable time has elapsed from such demand or request
without the public officer having acted on the matter pending
Neglecting or refusing to act after due demand has
3(f) before him; and
been made upon a public officer
4) Such failure to so act is for the purpose of:
a) Obtaining, directly or indirectly, from any person interested
in the matter some pecuniary or material benefit or advantage in
favor of an interested party, or
b) Discriminating against another.
1) The offender is a public officer;
2) He entered into a contract or transaction in behalf of the
Entering into a contract grossly disadvantageous to
3(g) government;
the government
3) Such contract or transaction is grossly and manifestly
disadvantageous to the government

MALVERSATION OF
PUBLIC FUNDS OR PROPERTY*
*The provisions of this chapter shall apply to private individuals who in any capacity whatever, have charge of any national, provincial or municipal funds, revenues, or property and to any administrator
or depository of funds or property attached, seized or deposited by public authority, even if such property belongs to a private individual.
Crime Punishable Acts Elements Additional/Absent Element Result
1) The offender is either:
1) Appropriating public funds or
a) A public officer who, by reason of the duties of his office, is Estafa or Theft,
Malversation of public property; The offender is NOT an accountable
217 accountable for public funds or property; or depending on the
funds or property 2) Taking or misappropriating the public officer
b) A private individual who has in his charge public funds or nature of possession
same;
property.

31
 3) Consenting, or through 2) Those funds or property were public funds or property for
abandonment or negligence, which he was accountable.
permitting any other person to take 3) That he appropriated, took, misappropriated or consented or,
such public funds or property; through abandonment or negligence, permitted another person
4) Being otherwise guilty of the to take them.
misappropriation or malversation of
such funds or property.
1) The offender is a public officer, whether in the service or
separated therefrom;
Failing to render an account to the
2) He must be an accountable officer for public funds or
Failure of accountable Commission on Audit or provincial
property.
218 officer to render auditor for a period of 2 months
3) He is required by law or regulation to render accounts to the
accounts after the said accounts should be
COA, or to a provincial auditor;
rendered
4) He fails to do so for a period of 2 months after such accounts
should be rendered.
1) The offender is a public officer;
Failure of a Unlawfully leaving or attempting to
2) He must be an accountable officer for public funds or
responsible public leave the Philippine Islands without
property;
219 officer to render securing a certificate from the COA
3) He must have unlawfully left (or be on the point of leaving)
accounts before showing that his accounts have been
the Philippines without securing from the Commission on Audit
leaving the country finally settled.
a certificate showing that his accounts have been finally settled.
1) The offender is a public officer;
Applying any public fund or 2) There is public fund or property under his administration;
property under his administration to 3) Such public fund or property has been appropriated by law or
Illegal use of public If any damages or embarrassment shall The penalty is
220 any public use other than for which ordinance
funds or property have resulted to the public service higher
such fund or property were 4) He applies the same to a public use other than that for which
appropriated by law or ordinance such fund or property has been appropriated by law or
ordinance.
1) Failing to make payment from 1) The public officer has Government funds in his possession;
Government funds in his 2) He is under obligation to make payment from such funds;
Failure to make
possession. 3) He fails to make the payment maliciously.
221 delivery of public
2) Refusing to make delivery any 1) The public officer has any property in his custody or under
funds or property
property in his custody or under his his administration;
administration. 2) The refusal to make delivery must be malicious.

Amassing ill-gotten wealth involving at least P50 million

by means of a combination or series of overt acts:
RA 1) Misappropriation, conversion, misuse, or malversation
Plunder
7080 of public funds or raids on the public treasury;
2) Receiving, directly or indirectly, any commission, gift,
share, percentage, kickbacks or any other form of pecuniary
1) The offender is a public officer;
2) He acts by himself or in connivance with members of
his family, relatives by affinity or consanguinity, business
associates, subordinates or other persons

32
 benefit from any person and/or entity in connection with 3) He amasses, accumulates or acquires ill-gotten wealth
any government contract or project or by reason of the through a combination or series of overt or criminal acts
office or position of the public officer concerned; ß;
3) Illegal or fraudulent conveyance or disposition of assets 4) The aggregate amount or total value of the IGW is at
belonging to the National Government or any of its least P50 million
subdivisions, agencies or instrumentalities or GOCCs and
their subsidiaries;
4) Obtaining, receiving or accepting directly or indirectly
any shares of stock, equity or any other form of interest or
participation including promise of future employment in
any business enterprise or undertaking;
5) Establishing agricultural, industrial or commercial
monopolies or other combinations and/or implementation
of decrees and orders intended to benefit particular persons
or special interests; or
6) Taking undue advantage of official position, authority,
relationship, connection or influence to unjustly enrich
himself or themselves at the expense and to the damage and
prejudice of the Filipino people and the Republic of the
Philippines.
INFIDELITY OF
PUBLIC OFFICERS
Infidelity in the Custody of Prisoners
1) The offender is a public officer;
Consenting to the escape of a
2) He had in his custody or charge, a prisoner, either detention prisoner
Conniving with or prisoner, who is either a detention The prisoner has already been The penalty is
223 or prisoner by final judgment;
consenting to evasion prisoner, or prisoner sentenced by sentenced by final judgment higher
3) Such prisoner escaped from his custody;
final judgment
4) He was in connivance with the prisoner in the latter's escape.
1) The offender is a public officer;
Evasion through Having a prisoner escape through 2) He is charged with the conveyance or custody of a prisoner, either a
224
negligence his negligence detention prisoner or prisoner by final judgment.
3) Such prisoner escapes through his negligence.
1) Consenting to the escape of a 1) The offender is a private person;
Escape of prisoner prisoner, who is either a detention 2) The conveyance or custody of a prisoner or person under arrest is
under the custody of a prisoner, or prisoner sentenced by confided to him.
225
person not a public final judgment; or 3) The prisoner or person under arrest escapes.
officer 2) Having a prisoner escape through 4) The offender consents to the escape of the prisoner or person under
his negligence arrest, or that the escape takes place through his negligence.
Infidelity in the Custody of Documents
Removal, 1) Removing; 1) The offender be a public officer; Whenever serious damage shall The penalty is
226
concealment or 2) Destroying; or 2) He abstracts, destroys or conceals documents or papers; have been caused thereby to a higher
33
 destruction of 3) Concealing documents or papers. 3) Said documents or papers should have been entrusted to such public third party or to the public
documents officer by reason of his office; interest.
4) That damage, whether serious or not, to a third party or to the public
interest should have been caused;
5) In case of removal, it must be done for an illicit purpose.
1) The offender is a public officer;
1) Breaking the seals; or 2) He is charged with the custody of papers or property;
227 Officer breaking seal
2) Permitting the seals to be broken 3) These papers or property are sealed by proper authority;
4) He breaks the seals or permits them to be broken.
1) The offender is a public officer;
1) Opening; or 2) Any closed papers, documents, or objects are entrusted to his custody;
Opening of closed 2) Permitting to be opened any 3) He opens or permits to be opened said closed papers, documents or
228
documents closed papers, documents or objects objects;
without proper authority. 4) He does not have proper authority.
Revelation of Secrets
1) The offender is a public officer;
1) Revealing any secrets known to
2) He knows of a secret by reason of his official capacity; Secrets of the State are revealed to
the offending public officer by Espionage
3) He reveals such secret without authority or justifiable reasons; a belligerent nation
reason of his official capacity; or
4) Damage, great or small, is caused to the public interest.
Revelation of secrets 1) The offender is a public officer;
229
by an officer 2) Delivering wrongfully papers or 2) He has charge of papers;
copies of papers of which he may 3) Those papers should not be published; The acts caused serious damage to The penalty is
have charge and which should not 4) He delivers those papers or copies thereof to a third person; the public interest higher
be published. 5) The delivery is wrongful;
6) Damage is caused to public interest.
Public officer Revealing secrets of any private 1) The offender is a public officer;
230 revealing secrets of individual which is known to the 2) He knows of the secrets of a private individual by reason of his office;
private individual offender by reason of his office 3) He reveals such secrets without authority or justifiable reason.
OTHER OFFENSES OR IRREGULARITIES
BY PUBLIC OFFICERS
1) The offender is a judicial or executive officer;
Openly refusing to execute the
2) There is a judgment, decision or order of a superior authority;
judgment, decision or order of any
3) Such judgment, decision or order was made within the scope of the
superior authority made within the
231 Open disobedience jurisdiction of the superior authority and issued with all the legal
scope of the jurisdiction of the latter
formalities;
and issued with all the legal
4) The offender without any legal justification openly refuses to execute
formalities.
the said judgment, decision or order, which he is duty bound to obey.
Disobedience to order Disobeying superiors after the latter 1) The offender is a public officer;
232 of superior officers, have disapproved the suspension of 2) An order is issued by his superior for execution;
when said order was the execution of their orders. 3) He has for any reason suspended the execution of such order;

34
 suspended by inferior 4) His superior disapproves the suspension of the execution of the order;
officer 5) The offender disobeys his superior despite the disapproval of the
suspension.
Failing to lend his cooperation 1) The offender is a public officer;
towards the administration of 2) A competent authority demands from the offender that he lend his Serious damage to public interest, The penalty is
233 Refusal of assistance
justice or other public service upon cooperation towards the administration of justice or other public service; or to a third party results higher
demand from competent authority 3) The offender fails to do so maliciously.
1) The offender is elected by popular election to a public office;
Refusing without legal motive to be
Refusal to discharge 2) He refuses to be sworn in or to discharge the duties of said office;
234 sworn in or to discharge the duties
elective office 3) There is no legal motive for such refusal to be sworn in or to discharge
of his public office.
the duties of said office.
1) The offender is a public officer or employee; The purpose of maltreatment is:
1) Overdoing himself in the 2) He has under his charge a prisoner or detention prisoner; 1) To extort a confession; or The penalty is
correction or handling of a prisoner 3) He maltreats such prisoner in either of the following manners: 2) To obtain some information higher
or detention prisoner under his a) By overdoing himself in the correction or handling of a prisoner or from the prisoner
+ Maltreatment of charge, by the imposition of detention prisoner under his charge either by:
235
prisoners punishment not authorized by the i) The imposition of punishments not authorized by the regulations, or
regulations; or ii) Inflicting such punishments (those authorized) in a cruel and The jailer’s motivation is a
Physical injuries
2) Inflicting such punishment in a humiliating manner; or personal grudge
cruel and humiliating manner. b) By maltreating such prisoner to extort a confession or to obtain some
information from the prisoner.
1) Infliction of severe pain or physical or mental suffering;
2) The pain is intentionally inflicted;
3) The purposes are:
RA a) To obtain from him or a third person information or a confession;
Anti-Torture Act
9745 b) To punish him for an act he or a third person has committed or is suspected of having committed;
c) To intimidate or coerce him or a third person;
d) For any reason based on discrimination of any kind
2) It is inflicted by or at the instigation of or with the consent or acquiescence of a PA or APA.
Anticipation, prolongation and abandonment
of the duties and powers of public office
1) The offender is entitled to hold a public office or employment,
either by election or appointment;
Assuming the performance of the duties 2) The law requires that he should first be sworn in and/or should
Anticipation of duties and powers of any public officer or first give a bond;
236
of a public office employment without first being sworn in 3) He assumes the performance of the duties and powers of such
or having given the bond required by law. office;
4) He has not taken his oath of office and/or has not given the bond
required by law.

35
 Continuing to exercise the duties and
1) The offender is holding a public office;
Prolonging powers of his office, employment or
2) The period provided by law, regulations or special provisions
237 performance of duties commission, beyond the period provided
for holding such office, has already expired;
and powers by law, regulation or special provisions
3) He continues to exercise the duties and powers of such office.
applicable to the case
1) The offender is a public officer;
Abandoning his office to the detriment of
Abandonment of 2) He formally resigns from his position;
238 the public service before his resignation
office or position 3) His resignation has not yet been accepted;
has been accepted
4) He abandons his office to the detriment of the public service.
Usurpation of powers and unlawful appointments
Encroach upon the powers of the
1) The offender is an executive or judicial officer;
legislative branch of the Government,
2) That he:
either by:
Usurpation of a) makes general rules or regulations beyond the scope of his
239 1) Making general rules or regulations
legislative powers authority, or
beyond the scope of his authority; or
b) attempts to repeal a law or
2) Attempting to repeal a law or
c) suspends the execution thereof.
suspending the execution thereof.
1) Assuming any power pertaining to the
Usurpation of executive authorities; 1) The offender is a judge; The offender is a legislative Usurpation of
240
executive functions 2) Obstruct the executive authorities in the 2) He performs any of the acts ß officer function (Art. 177)
lawful exercise of their powers.
1) Assuming judicial powers; or
Usurpation of judicial 2) Obstructing the execution of any order 1) The offender is an officer of the executive branch;
241
functions or decision rendered by any judge within 2) He performs any of the acts ß
its jurisdiction.
1) The offender is a public officer;
2) A proceeding is pending before such public officer;
Continuing any proceeding after having
3) There is a question brought before the proper authority
Disobeying request been lawfully required to refrain from so
242 regarding his jurisdiction, which is not yet decided;
for disqualification doing and before the question of
4) He has been lawfully required to refrain from continuing the
jurisdiction is decided
proceeding.
5) He continues the proceeding.
Addressing any order or suggestion to any 1) The offender is an executive officer.
Orders or requests by
judicial authority with respect to any case 2) He addresses any order or suggestion to any judicial authority.
243 executive officers to
or business coming within the exclusive 3) The order or suggestion relates to any case or business coming
any judicial authority
jurisdiction of the courts of justice within the exclusive jurisdiction of the courts of justice.
1) The offender is a public officer;
1) Knowingly nominating; or
2) He nominates or appoints a person to a public office;
Unlawful 2) Knowingly appointing to any public
244 3) Such person lacks the legal qualifications therefor;
appointments office any person lacking the legal
4) The offender knows that his nominee or appointee lacks the
qualifications therefor
qualifications at the time he made the nomination or appointment.

36
 Abuses against Chastity
1) The offender is a public officer.
1) Soliciting or making immoral or 2) He solicits or makes immoral or indecent advances to a woman.
indecent advances to a woman interested 3) That such woman must be:
in matters pending before such officer for a) Interested in matters pending before the offender for decision, If the person solicited be the wife,
decision, or with respect to which he is or with respect to which he is required to submit a report to or daughter, sister or relative within
Abuses against The penalty is
245 required to submit a report to or consult consult with a superior officer; or the same degree by affinity of any
chastity higher
with a superior officer; b) Under the custody of the offender who is a warden or other person in the custody of such
2) Soliciting or making immoral or public officer directly charged with the care and custody of warden or officer.
indecent advances to a woman under his prisoners or persons under arrest; or
custody. c) The wife, daughter, sister or relative within the same degree by
affinity of the person in the custody of the offender.

37
 TITLE EIGHT
CRIMES AGAINST PERSONS

DESTRUCTION OF LIFE
Parricide, murder, homicide
Crime Punishable Act/s Elements Additional/Absent Element Result
Killing of any of the following persons:
1) A person is killed.
1) Father;
2) The deceased is killed by the accused.
2) Mother;
3) The deceased is the father, mother, or child,
246 Parricide 3) Child, whether legitimate or illegitimate; The child killed is less than 3 days old Infanticide
whether legitimate or illegitimate, or a legitimate
4) Any ascendant;
other ascendant or other descendant, or the legitimate
5) Any descendant; or
spouse, of the accused.
6) Spouse
1) A legally married person or a parent surprises his
spouse or his daughter, the latter under 18 years of
Death or age and living with him, in the act of committing
physical sexual intercourse with another person.
injuries 2) He or she kills any or both, of them or inflicts upon
247
inflicted under any or both of them any serious physical injury in the
exceptional act or immediately thereafter.
circumstances 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.
Killing any person which does not constitute parricide or
infanticide attended by any of the following
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.
1) A person was killed.
2) In consideration of a price, reward, or promise.
2) The accused killed him. Separate crime of
248 Murder 3) By means of inundation, fire, poison, explosion, Fire was used to conceal the killing
3) That the killing was attended by any of the arson
shipwreck, stranding of a vessel, derailment or assault
qualifying circumstances mentioned in Art. 248.
upon a street car or locomotive, fall of an airship, by
4) The killing is not parricide or infanticide.
means of motor vehicles, or with the use of any other
means involving great waste and ruin.
4) On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic or other public
calamity.

38
 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.
1) That a person was killed; A mortal wound was inflicted but Physical injuries
2) The accused killed him without any justifying there is no intent to kill
circumstance;
Killing any person without the attendant circumstances 3) The accused had the intention to kill, which is
249 Homicide
for murder presumed;
4) The killing was not attended by any of the
qualifying circumstances of murder, or by that of
parricide or infanticide.

Crime Punishable Acts Elements Additional/Absent Element Result

1) That there be several persons.
2) They did not compose groups organized for the common The killer is known; or
purpose of assaulting and attacking each other reciprocally. The offenders are composed of Homicide or Murder
3) These several persons quarreled and assaulted one another organized groups
Death caused Quarreling and assaulting each other in a
251 in a tumultuous confused and tumultuous manner and in the in a confused and tumultuous manner.
affray course of the affray someone is killed 4) Someone was killed in the course of the affray.
5) It cannot be ascertained who actually killed the deceased. Those who employed violence cannot be
6) The person or persons who inflicted serious physical ascertained
No one will be
injuries or who used violence can be identified. prosecuted
1) There is a tumultuous affray;
Physical 2) A participant or some participants thereof suffer serious The physical injuries are only slight No crime
Quarreling and assaulting each other in a
injuries physical injuries or physical injuries of a less serious nature
confused and tumultuous manner and in the
252 inflicted in a only;
course of the affray, physical injuries are The physical injuries are only slight
tumultuous 3) The person responsible therefor cannot be identified.
inflicted BUT the one who inflicted the same is Slight PI
affray 4) All those who appear to have used violence upon the person
of the offended party are known. known
Giving 1) Assisting another to commit suicide; or
253 assistance to 2) Lending assistance to the extent of doing
suicide the killing himself
Attempted/Frustrated
Intent to kill
1) The offender discharges a firearm against or at another Homicide or Murder
Discharge of
254 Shooting at another with any firearm person; The gun was fired at random, not
firearms
2) The offender has no intention to kill that person. knowing what part of the house the Alarms and Scandals
people inside were
RA Comprehensive 1) Carrying a registered firearm without permit to carry;
10591 Firearms and 2) Unlawful manufacture, importation, sale or disposition;

39
 Ammunition 3) Arms smuggling;
Regulations 4) Tampering, altering, etc. without authority the barrel, slide, and other parts, including the serial number;
Act 5) Replacing without authority the parts, including the peculiar identifying characteristics essential in forensic
examination;
6) Planting firearms, ammunition or parts thereof to incriminate an innocent person;
7) Failure to report that the firearm has been lost or stolen within 30 days from discovery;
8) Failure no notify the FEO within 30 days from changing residence or office address other than that indicated
in the license;
9) Transferring possession of any firearm to any person who has not yet obtained or secured a license or
permit;
10) Use of an imitation firearm in the commission of a crime
Loose Firearm
1) Unregistered firearm;
2) Obliterated or altered firearm; The following must be proven:
Illegal
3) Lost or stolen firearm; 1) The existence of the firearm;
Possession of
4) Illegally manufactured firearm; 2) The accused who owned or possessed it does not have the
Firearms
5) Registered firearms in the possession of an corresponding license or permit to possess the same
individual other than the licensee;
6) Those with revoked licenses
Infanticide and abortion
1) A child was killed. For the purpose of concealing the
2) The deceased child was less than three days (72 hours) of Mitigating
255 Infanticide Killing any child less than 3 days of age mother’s dishonor
age.
3) The accused killed the said child. The fetus is NOT viable Abortion
Killing of the fetus either by:
1) There is a pregnant woman;
1) Using any violence upon the person of the
2) Violence is exerted, or drugs or beverages administered, or
pregnant woman;
that the accused otherwise acts upon such pregnant woman;
Intentional 2) Acting, but without using violence, Unintentional
256 3) As a result of the use of violence or drugs or beverages upon No intent to abort + violence
abortion without the consent of the woman; abortion
her, or any other act of the accused, the fetus dies, either in the
3) Acting, by administering drugs or
womb or after having been expelled therefrom;
beverages, with the consent of the pregnant
4) The abortion is intended.
woman.
1) There is a pregnant woman.
2) Violence is used upon such pregnant woman without
Unintentional Causing an abortion by violence but intending an abortion. No physical violence, but there is
257 Threats
abortion unintentionally 3) The violence is intentionally exerted. intimidation
4) As a result of the violence the fetus dies, either in the womb
or after having been expelled therefrom.
Abortion 1) Practicing an abortion upon herself; 1) There is a pregnant woman who has suffered an abortion;
For the purpose of concealing the
258 practiced by 2) Consenting that any other person shall 2) The abortion is intended; mother’s dishonor
Mitigating
the woman commit an abortion 3) The abortion is caused by:

40
 herself of by a) the pregnant woman herself;
her parents 3) Causing an abortion with the consent of b) any other person, with her consent; or
the mother c) any of her parents, with her consent for the purpose of
concealing her dishonor.
1) There is a pregnant woman who has suffered an abortion;
2) The abortion is intended;
Abortion
1) Causing an abortion; or 3) The offender, who must be a physician or midwife, causes,
practiced by a
2) Assisting in causing an abortion or assists in causing, the abortion;
physician or
259 4) Said physician or midwife takes advantage of his or her
midwife and
scientific knowledge or skill.
dispensing of
1) The offender is a pharmacist.
abortives
3) Dispensing any abortive 2) There is no proper prescription from a physician.
3) The offender dispenses any abortive.
Duel
1) Killing one's adversary in a duel;
1) There must be a previous agreement to engage in a combat;
Responsibility 2) Inflicting upon the adversary physical
2) There must be 2 or more seconds for each combatant;
260 of participants injuries;
3) The choice of arms and other terms of agreement must be
in a duel 3) Making a combat although no physical
agreed upon by the seconds
injuries have been inflicted.
1) Challenging another to a duel;
2) Inciting another to give or accept a
Challenging to challenge to a duel;
261
a duel 3) Scoffing at or decrying another publicly
for having refused to accept a challenge to
fight a duel.

PHYSICAL INJURIES
Crime Punishable Act/s Consequence Elements Additional/Absent Element Result
1) That there be a castration, that is, Serious physical
No intent to mutilate
mutilation of organs necessary for injuries
generation;
The offended party is deprived, either totally
1) Intentionally 2) That the mutilation is caused
or partially, of some essential organ for The penalty shall
mutilating another purposely and deliberately, that is,
reproduction. The victim is under 12 years of age be reclusion
262 Mutilation to deprive the offended party of
perpetua
some essential organ for
reproduction.
2) Any other 1) It involves a part of the body,
intentional Deprivation of other parts of the body other than an organ for
mutilation reproduction;

41
 2) It is done with a deliberate
purpose of depriving him of that
part of his body
Par. 1 The victim is any of those in parricide or any of
c) Impotency; The penalty is
a) Insanity; the qualifying circumstances for murder is
d) Blindness higher
b) Imbecility; present
Par. 2
a) Loses the use of speech or the power to
hear or to smell, or loses an eye, a hand, a Attempted
foot, an arm, or a leg; or Intent to kill frustrated
b) Loses the use of any such member; or homicide/murder
c) Becomes incapacitated for the work in
which he was habitually engaged
Serious 1) Wounding;
1) Physical ugliness,
263 physical 2) Beating;
Par. 3 2) Permanent and definite
injuries 3) Assaulting;
a) Becomes deformed; or abnormality, and
3) Conspicuous and visible.
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
Par. 4
The injured person becomes ill or
incapacitated for labor for 31-90 days
1) The offender inflicted upon
1)Administering another any serious physical injury.
Administering injurious substances; 2) It was done by knowingly
injurious or administering to him any injurious Less serious or
264 Any of the serious physical injuries in 263 The physical injuries that result are not serious
substances or 2) Taking advantage substances or beverages or by slight PI
beverages of the weakness of taking advantage of his weakness of
mind or credulity mind or credulity.
3) That he had no intent to kill.
Inflicting any For 10-30 days Manifest intent to insult the victim; or
Less serious
physical injury upon 1) Incapacity of the offended party for labor; The victim is the offender’s parent, ascendant, The penalty is
265 physical
another not falling or guardian, curator, teacher, persons of rank or PA higher
injuries
under 263 2) Medical attendance
For 1-9 days:
Slight
1) Inflicting physical 1) Incapacity of the offended party for labor;
266 physical
injuries; or
injuries
2) Medical attendance

42
 The physical injuries do not prevent the
offended party from engaging in his habitual
work nor require medical assistance
2) Ill-treating Intent to annoy the victim Unjust vexation
another by deed
without causing any Intent to humiliate the victim Slander by deed
injury
Hazing. An initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some
embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and similar tasks or activities or otherwise subjecting him to physical or psychological
suffering or injury.
*The offenders are not entitled to praeter intentionem
For death or physical injury inflicted
Principals Accomplices Qualifying Circumstances
1) When the recruitment is accompanied by force, violence,
threat, intimidation or deceit on the person of the recruit who
refuses to join;
RA Anti-Hazing 1) The officers or members who actually participated;
2) When the recruit, neophyte or applicant initially consents to
2) The parents of the O/M, when hazing was actually
8049 Law 1) The school authorities/faculty who consent or have join but upon learning that hazing will be committed on his
held in their home, with actual knowledge of the hazing
actual knowledge of the hazing, but failed to take person, is prevented from quitting;
and they failed to prevent it;
action to prevent it; 3) When the recruit, neophyte or applicant having undergone
3) The officers, former officers, or alumni who actually
2) The owner of the place who has actual knowledge hazing is prevented from reporting the unlawful act to his parents
planned the hazing although not present;
of the hazing conducted but failed to take any action or guardians, to the proper school authorities, or to the police
4) Those who induced the victim to be present;
against the prohibited acts. authorities, through force, violence, threat or intimidation;
5) The adviser who was present when hazing was
4) When the hazing is committed outside of the school or
committed and failed to take any action to prevent it.
institution; or
5) When the victim is below 12 years of age at the time of the
hazing.
RAPE
Crime Punishable Acts Elements Additional/Absent Element Result
1) The offender is a man;
1) Through force, threat, or 1) The victim is under 18 years of age and the
1) Having carnal 2) The offender had carnal knowledge of a
intimidation; offender is a parent, ascendant, step-parent,
knowledge of a woman; woman;
2) When the offended party is guardian, relative by consanguinity or affinity
or 3) Such act is accomplished under any of the
deprived of reason or otherwise within the third civil degree, or the common-
circumstances ß
unconscious; law spouse of the parent of the victim;
266- 2) Inserting the penis into The penalty is
Rape 3) By means of fraudulent 2) The victim is under the custody of the
A another person's mouth higher
machination or grave abuse of 1) The offender commits an act of sexual assault; police or military authorities or any law
or anal orifice; or
authority; and 2) The the act of sexual assault is committed by enforcement or penal institution;
3) Inserting any
4) When the offended party is any of the means ß; 3) When committed in full view of the spouse,
instrument or object, into
under 12 years of age or is 3) Under the circumstances ß parent, any of the children or other relatives
the genital or anal orifice
demented. within the third civil degree of consanguinity;
of another person.
43
 4) The victim is a religious engaged in
legitimate religious vocation/calling and is
personally known to be such by the offender
before or at the time of the commission of the
crime;
5) The victim is a child below 7 years old;
6) The offender knows that he is afflicted with
HIV/ AIDS or any other STD and the virus or
disease is transmitted to the victim;
7) Committed by any member of the AFP or
para-military units thereof or the PNP or any
law enforcement agency or penal institution,
when the offender took advantage of his
position to facilitate the commission of the
crime;
8) When by reason or on the occasion of the
rape, the victim has suffered permanent
physical mutilation or disability;
9) Knowledge of the pregnancy of the
offended party at the time of the commission
of the crime;
10) Knowledge of the mental disability,
emotional disorder and/or physical handicap
of the offended party at the time of the
commission of the crime;
11) Use of a deadly weapon;
12) Committed by 2 or more persons;
13) The victim has become insane by reason
or on occasion of the rape;
14) The rape is attempted and a homicide is
committed by reason or on the occasion
thereof;
15) When by reason or on the occasion of the
rape, homicide is committed.

ANTI-SEXUAL HARASSMENT LAW

(RA 7877)
Sexual Harassment
1) The employer, teacher, coach, etc. or any other person has authority, influence or moral ascendancy over another;
2) The authority, influence or moral ascendancy exists in a working environment;
3) The employer, etc. makes a demand, request, or requirement of a sexual favor

44
 1) The sexual favor is made as a condition in:
a) The hiring, employment, re-employment of the individual; 1) Against one who is under the care, custody or supervision of the offender;
b) The granting of favorable compensation, terms, conditions, promotions, or 2) Against one whose education, training, apprenticeship or tutorship is entrusted to
privileges; OR the offender;
Education or
2) The refusal to grant the sexual favor results in limiting, segregating or 3) When the sexual favor is made a condition to the giving of a passing grade, or the
Work-Related Training
classifying the employee which in any way would discriminate, deprive or granting of honors and scholarships, or the payment of a stipend, allowance or other
Environment
diminish employment opportunities or otherwise adversely affect the employee; benefits, privileges, or consideration; or
3) The acts would impair the employee’s rights under labor laws; 4) When the sexual advances result in an intimidating, hostile or offensive
4) The acts would result in an intimidating, hostile, or offensive environment environment for the student, trainee or apprentice.
for the employee
ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN
(RA 9262)
Violence against women and their children
Any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or
with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty
Physical violence
Bodily or physical harm Psychological violence Economic abuse
Sexual violence
If it constitutes parricide, homicide, murder, Acts or omissions causing or likely to cause Acts that make or attempt to make a woman
Sexual in nature
or mutilation, it shall be prosecuted under the mental or emotional suffering of the victim financially dependent
RPC.
1) The woman believes that the violence was her fault;
Battered Woman Syndrome
2) She has an inability to place the responsibility for the violence elsewhere;
Victim-survivors who are found by the courts to be suffering from battered woman syndrome
26 3) She fears for her life and/or her children’s life;
do not incur any criminal and civil liability notwithstanding the absence of any of the
4) She has an irrational belief that the abuser is omnipresent and omniscient;
elements for justifying circumstances of self-defense under the Revised Penal Code.
5) She went through at least 2 battering cycles.

45
 TITLE NINE
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

CRIMES AGAINST LIBERTY

Illegal Detention
Crime Punishable Acts Elements Additional/Absent Element Result
1) If made for the purpose of extorting ransom
1) The offender is a private individual. from the victim or any other person (even if
2) He kidnaps or detains another, or in any other none of the 4 circumstances are present);
manner deprives the latter of his liberty. 2) When the victim is killed or dies as a
1) Kidnapping; The penalty is
3) The act of detention or kidnapping must be illegal. consequence of the detention
2) Detaining another; higher
4) That in the commission of the offense, any of the 3) When rape is committed;
3) Depriving another of his liberty in any other manner
following circumstances is present: 4) When the detained person is subjected to:
a) If the kidnapping or detention shall have lasted a) Torture; or
Kidnapping b) Dehumanizing acts
more than 3 days;
and serious
267 b) If it shall have been committed simulating public Arbitrary
illegal The offender is a public officer
authority; Detention
detention
c) If any serious physical injuries shall have been
inflicted upon the person kidnapped or detained; or if Murder or
The primary purpose is to kill
threats to kill him shall have been made. homicide
d) If the person kidnapped or detained shall be a: No actual confinement Grave coercion
i) Minor (except if the offenders are the parents); Forcible
Taking is with lewd designs
ii) Female; or abduction
iii) Public officer. Intent is to deliver the person to the proper
Unlawful arrest
authorities but without reasonable ground
1) Voluntary release of the person kidnapped
or detained within 3 days from the
4) Furnishing the place for the perpetration of the crime commencement;
Slight illegal 1-3 above
268 2) Without having attained the purpose Mitigating
detention 4) None of the circumstances must be present
intended; AND
3) Before the institution of criminal
proceedings
1) The offender arrests or detains another person.
1) In any case other than those
1) Arresting; or 2) The purpose of the offender is to deliver him to the
Unlawful authorized by law; or Serious illegal
269 2) Detaining proper authorities The detention lasts for more than 3 days
arrest 2) Without reasonable ground detention
another 3) The arrest or detention is not authorized by law or
therefor
there is no reasonable ground therefor.

46
 Kidnapping of Minors
1) That the offender is entrusted with the custody of a
Kidnapping
Deliberately failing to restore the minor to his parents or minor person;
270 and failure to
guardians 2) He deliberately fails to restore the said minor to his The offender is the father or mother Mitigating
return a minor
parents or guardians.
Inducing a 1) That a minor is living in the home of his parents or
minor to Inducing a minor to abandon the home of his parent or guardian or the person entrusted with his custody;
271 The purpose is to follow any person engaged Exploitation of
abandon his guardians or the persons entrusted with his custody. 2) That the offender induces said minor to abandon
in any of the callings of being an acrobat, etc. minors
home such home.
Slavery and servitude
1) Purchasing 1) The offender purchases, sells, kidnaps or detains a
2) Selling; human being. The purpose is to assign the offended party The penalty is
272 Slavery
3) Kidnapping; or 2) That the purpose of the offender is to enslave such to some immoral traffic higher
4) Detaining a human being human being.
Under the pretext of 1) The offender retains a minor in his service.
reimbursing himself of a debt 2) It is against the will of the minor.
Exploitation Retaining a minor in
273 incurred by an ascendant, 3) It is under the pretext of reimbursing himself of a
of child labor his service
guardian or person entrusted debt incurred by an ascendant, guardian or person
with the custody of a minor entrusted with the custody of such minor.
Services
Compelling the 1) That the offender compels a debtor to work for
rendered
debtor to work for him, either as household servant or farm laborer.
under In order to require or enforce
274 him, against his will, 2) That it is against the debtor's will.
compulsion in the payment of a debt
as household servant 3) That the purpose is to require or enforce the
payment of
or farm laborer. payment of a debt.
debt

CRIMES AGAINST SECURITY

Abandonment of helpless persons and exploitation of minors
Elements Additional/Absent Result
Crime Punishable Acts
Element
1) The place is not inhabited;
2) The accused found there a person wounded or in
Abandonment 1) Failing to render assistance to any person whom he shall find in an danger of dying;
of person in uninhabited place wounded or in danger of dying 3) The accused can render assistance without detriment
danger and to himself;
275
abandonment of 4) The accused fails to render assistance.
one's own The cause of the
victim 2) Failing to help or render assistance to another whom he has accidentally injury is Liability under
wounded or injured. imprudence or Art. 365
negligence

47
 3) Failing to deliver to the authorities or his family, or to take to a safe place an
abandoned child under 7 years of age
1) The offender has the custody of a child. The child dies or is The penalty is
2) The child is under seven years of age. placed in danger higher
Abandoning a
276 Abandoning a child under 7 years of age 3) He abandons such child. Parricide,
minor There is intent to
4) He has no intent to kill the child when the latter is Homicide or
kill
abandoned. Murder
1) That the offender has charge of the rearing or
education of a minor.
2) He delivers said minor to a public institution or other
Abandonment 1) Delivering a minor to a public institution or other persons, without the consent persons.
of minor by of the one who entrusted such child to his care or of the proper authorities. 3) That the one who entrusted such child to the
person entrusted offender has not consented to such act; or if the one
277 with his who entrusted such child to the offender is absent, the
custody; proper authorities have not consented to it.
indifference of 1) The offender is a parent.
parents 2) He neglects his children by not giving them
2) Neglecting children by not giving them the education which their station in
education.
life require and financial conditions permit.
3) His station in life requires such education and his
financial condition permits it.
1) Causing any boy or girl under sixteen years of age to perform any dangerous
feat of balancing, physical strength, or contortion
2) Employing in exhibitions children under 16 years of age who are not his
children or descendants.
3) Employing any descendant of his under 12 years of age in dangerous
Exploitation of
278 exhibitions.
minors
4) Deliver a child under 16 years of age gratuitously to any person following any
of the callings enumerated, or to any habitual vagrant or beggar.
5) Inducing any child under 16 years of age to abandon the home of its
ascendants, guardians, curators, or teachers to follow any person engaged in any
of the callings mentioned, or to accompany any habitual vagrant or beggar.
ANTI-CHILD ABUSE LAW
(RA 7610)
Child Abuse
Maltreatment, whether habitual or not, of the child, including:
Children
1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
1) Persons below 18 years of age; or
2 maltreatment;
2) Those over but are unable to fully take care of themselves or protect themselves from abuse,
2) Any act by deeds or words which debases, degrades or demeans the intrinsic worth and
neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition
dignity of a child as a human being;
3) Unreasonable deprivation of his basic needs for survival, such as food and shelter.

48
 Children exploited in prostitution and other sexual abuse 2) It is for: a) Money, profit, or any other consideration; or
5
1) The children, whether male or female, indulge in sexual intercourse or lascivious conduct; b) Due to the coercion or influence of any adult, syndicate or group
1) The accused engages in, promotes, facilitates or induces child prostitution;
2) The act is done through:
a) Acting as a procurer of a child prostitute;
Those who engage in or promote,
b) Inducing a person to be a client of a child prostitute by means of advertisements or other similar means;
5(a) facilitate or induce child
c) Taking advantage of influence or relationship to procure a child as prostitute;
prostitution
d) Threatening or using violence towards a child to engage him as a prostitute; or
e) Giving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution.
3) The child is exploited or intended to be exploited in prostitution
Sexual Abuse 1) The accused commits the act of sexual intercourse or lascivious conduct;
Those who commit the act of
sexual intercourse of lascivious Sweetheart Theory
5(b)
conduct with a child exploited in 2) The act is performed with a child exploited in prostitution or subjected to other sexual If NOT with a child exploited in prostitution, there must be an
prostitution or subject to other abuse allegation of coercion, influence or intimidation in its commission
sexual abuse
1) Any person who is not a relative of a child, is found alone with the said child
Attempt to commit child 2) They are inside the room of a house, an inn, hotel, motel, or other similar establishments, or any other hidden or secluded area
6 3) It must be under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse.
prostitution
When any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments
Those who derive profit or
5(c)
advantage therefrom
Engaging in trading and dealing with children including, but not limited to the act of buying and selling of a child for money, or for any other consideration, or
7 Child Trafficking
barter
Child Abuse
Acts of child abuse prejudicial to the child’s development OTHER THAN: 1) Committing any other acts of child abuse, cruelty or exploitation;
10
1) Child prostitution; and 2) Being responsible for other conditions prejudicial to the child's development
2) Other sexual abuse
ANTI-CHILD PORNOGRAPHY
(RA 9775)
Child
Child Pornography
Aside from the definition in RA 7610, it also includes the ff:
Any representation, whether visual, audio, or written combination thereof,
1) A person regardless of age who is presented, depicted or portrayed as a child; and
by electronic, mechanical, digital, optical, magnetic or any other means, of
2) Computer-generated, digitally or manually crafted images or graphics of a person who is represented or who is
child engaged or involved in real or simulated explicit sexual activities.
made to appear to be a child.

49

Trafficking
1) Recruitment,
transportation, transfer or
harboring, or receipt of
persons
2) With or without the
victim's consent or
knowledge
3) Within or across national
borders
Qualified Trafficking
ANTI-TRAFFICKING IN PERSONS
(RA 9208)
Means Purpose
a) Threat or use of force; or
b) Other forms of coercion
a) The exploitation or the prostitution of others; or
c) Abduction
b) Other forms of sexual exploitation;
d) Fraud
c) Forced labor or services,
e) Deception
d) Slavery
f) Abuse of power or position
e) Servitude
g) Taking advantage of the vulnerability of the person
f) Removal or sale of organs.
h) Giving or receiving of payments or benefits to achieve the consent of a person
having control over another person
1) When the trafficked person is a child;
2) When the adoption is effected through "Inter-Country Adoption
6) When the offense is committed by a public officer or employee;7) When the trafficked
Act" and said adoption is for the purpose of prostitution,
person is recruited to engage in prostitution with any member of the military or law
pornography, sexual exploitation, forced labor, slavery, involuntary
enforcement agencies;
servitude or debt bondage;
8) When the offender is a member of the military or law enforcement agencies; and
3) Committed by a syndicate
9) When by reason or on occasion of the act of trafficking in persons, the offended party dies,
4) Committed in a large scale
becomes insane, suffers mutilation or is afflicted with HIV or AIDS
5) When the offender is an ascendant, parent, sibling, guardian or a
person who exercises authority over the trafficked person

Trespass to dwelling
Crime Punishable Acts Elements Additional/Absent Element Result
Other forms of
The place is not inhabited
trespass
1) The offender is a private person.
Entering the dwelling of Committed by means of violence or The penalty is
Against the will of the owner 2) He enters the dwelling of another.
another intimidation higher
3) Such entrance is against the latter's will.
Trespass to Violation of
279 The offender is a public officer
dwelling domicile
Not applicable:
1) If the purpose is to prevent some serious harm to the person who enters the dwelling or the occupants thereof;
2) If the purpose is to render some service to humanity or justice;
3) Anyone who shall enter cafes, taverns, inn and other public houses, while the same are open.
The prohibition to enter must 1) The offender enters the closed premises
Entering the closed premises
be manifest and the trespasser or the fenced estate of another;
Other forms of or the fenced estate of
280 has not secured the 2) The entrance is made while either of
trespass another, while either of them
permission of the owner or the them is uninhabited;
are uninhabited
caretaker thereof. 3) The prohibition to enter be manifest;

50
 4) The trespasser has not secured the
permission of the owner or the caretaker
thereof.
Threats and Coercion
1) The offender threatens another person
with the infliction upon the latter's person,
1) Demanding money or honor or property, or upon that of the latter's
imposing any other condition, family, of any wrong.
The demand for money or the threat
even though not unlawful, and 2) Such wrong amounts to a crime. Robbery
involved is immediate
the offender attained his 3) There is a demand for money or that any
purpose. other condition is imposed, even though not
Threatening another with the unlawful;
infliction upon his person, 4) The offender attains his purpose.
282 Grave threats honor or property or that of
2) The offender did not attain 1-3 above
his family of any wrong
his purpose 4) The offender did not attain his purpose
amounting to a crime
1) That the offender threatens another
person with the infliction upon the latter's
person, honor, or property, or upon that of
3) The threat is not subject to
the latter's family, of any wrong. Made in the heat of anger Other light threats
a condition
2) That such wrong amounts to a crime.
3) That the threat is not subject to a
condition.
1) The offender makes a threat to commit a
wrong.
2) The wrong does not constitute a crime.
Threatening another to
3) There is a demand for money or that If the threat is to publish something Threatening to
283 Light threats commit a wrong NOT
other condition is imposed, even though not defamatory publish a libel
constituting a crime
unlawful.
4) The offender has attained his purpose or,
that he has not attained his purpose.
1) Doing any of the acts ß; The weapon is discharged Illegal discharge
Other light 1) Threatening another with a weapon or drawing such weapon
285 2) It must not be included in the provisions
threats in a quarrel, unless it be in lawful self-defense.
of Art. 283

51
 1) The offender orally threatened another
with some harm constituting a crime;
2) Orally threatening another with some harm constituting a 2) He must show by subsequent acts that he
crime, and who by subsequent acts show that he did not persist did not persist in the idea involved in his
If he persists in the threat made Grave threat
in the idea involved in his threat threat;
3) It was made in the heat of anger;
4) It shall not fall under the provisions of
Article 282
3) Orally threatening to do another any harm not constituting a There is a demand for money or a Light threats
felony. condition imposed
The act prevented is prohibited by law and Physical injuries
1) Preventing another from
injuries resulted
doing something not
The act prevented is prohibited by law and
prohibited by law Unjust vexation
NO injuries resulted
The subject matter is personal property and
Robbery
there is intent to gain
The public officer prevents the ceremonies Interruption of
1) A person prevented another from doing or manifestations of any religion religious worship
something NOT prohibited by law, or Acts tending to
compelled him to do something against his A person prevents the meeting of a prevent the
will; legislative body meeting of
By means of violence, threat 2) The prevention or compulsion was Congress
286 Grave coercions
or intimidation effected by violence, threats or A person prevents any member of Congress Violation of
2) Compelling another to do from attending the meetings thereof, parliamentary
intimidation;
something against his will,
3) The restraint shall not be made under expressing his opinions, or casting his vote immunity
whether it be right or wrong
authority of law or in the exercise of any A public officer compels another to change
Expulsion
lawful right. his residence
Detaining the debtor to compel him to pay Kidnapping with
his debt ransom
Seizing the personal property of the debtor
Light coercion
to apply the same to the payment of the debt
If committed or the purpose of compelling
The penalty is
another to perform any religious act or to
higher
prevent him from so doing
1) The offender must be a creditor.
1) Seizing anything belonging
287 Light coercions By means of violence 2) He seizes anything belonging to his The value of the property seized is greater Robbery
to his debtor for the purpose
debtor.

52
 of applying the same to the 3) The seizure of the thing be accomplished
payment of the debt. by means of violence or a display of
material force producing intimidation. There is no violence or intimidation Unjust vexation
4) The purpose of the offender is to apply
the same to the payment of the debt.
It amounts to the dishonor of another Slander by deed
1) The act is not productive of some Malicious
physical or material harm; Property is destroyed
2) Any other coercions or unjust vexations mischief
2) It is capable of annoying, inciting or Acts of
irritating anyone Lewd designs
lasciviousness
Intent to injure Maltreatment
1) The offender is any person, agent or
officer of any association or corporation.
2) That he or such firm or corporation has
1) Forcing or compelling, directly or indirectly, or knowingly employed laborers or employees.
permitting the forcing or compelling of the laborer or employee 3) He forces or compels, directly or
of the offender to purchase merchandise or commodities of any indirectly, or knowingly permits to be
kind from him; forced or compelled, any of his or its
laborers or employees to purchase
Other similar merchandise or commodities of any kind
288
coercions from him or from said firm or corporation.
1) The offender pays the wages due a
laborer or employee employed by him by
2) Paying the wages due his laborer or employee by means of means of tokens or objects;
tokens or objects other than the legal tender currency of the 2) Those tokens/objects are other than the
Philippines, unless expressly requested by such laborer or legal tender currency in the Philippines;
employee. 3) Such employee or laborer does not
expressly request that he be paid by means
of tokens or objects.
DISCOVERY AND REVELATION OF SECRETS
Crime Punishable Acts Elements Additional/Absent Element Result
Purpose is to destroy Malicious mischief
Mail matter is burned Arson
1) The offender is a private individual or even a public officer
Discovering not in the exercise of his official function. Purpose is to take valuables inside
Qualified theft
secrets through Seizing the papers or letters in order to 2) He seizes the papers or letters of another. the mail
290 The offender knew that the Estafa through removing,
seizure of discover the secrets of another 3) The purpose is to discover the secrets of such other person.
correspondence 4) The offender is informed of the contents of the papers or addressee will be prejudiced by concealing documents
letters seized non-receipt and other papers
If the offender shall reveal the
The penalty is higher
secrets

53
 1) That the offender is a manager, employee or servant.
Revealing secrets
Revealing the secrets of the principal or 2) That he learns the secrets of his principal or master in such
291 with abuse of
master capacity.
office
3) That he reveals such secrets.
1) That the offender is a person in charge, employee or
workman of a manufacturing or industrial establishment.
Revelation of 2) That the manufacturing or industrial establishment has a
292 Revealing the secrets of the industry
industrial secrets secret of the industry which the offender has learned.
3) That the offender reveals such secrets.
4) That prejudice is caused to the owner.

54
 TITLE TEN
CRIMES AGAINST PROPERTY

EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY

Crimes Who Commits
No criminal, but only civil liability, shall result from the commission of
1) Spouses, ascendants and descendants, or relatives by affinity in the same line.
the crime of:
2) The widowed spouse with respect to the property which belonged to the deceased spouse
332 1) Theft;
before the same shall have passed into the possession of another; and
2) Swindling; or
3) Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
3) Malicious mischief
Robbery with violence or intimidation of persons
Crime Kinds Elements Additional/Absent Element Result
1) That there be personal property; There is no violence, intimidation or
Theft
2) The personal property must belong to another; force upon things
Robbery in 3) There is unlawful taking of that property; Usurpation of real
293 The property taken is real property
general 4) The taking must be with intent to gain; and property
5) There is violence against or intimidation of any
person, or force upon anything. The property taken is a motor vehicle Carnapping
There is no intent to gain Grave coercion
Par. 1 (Robbery with homicide)
Theft and Homicide or
When by reason or on occasion of the robbery, the Taking property is an afterthought
Murder
crime of homicide shall have been committed;
Par. 2 (Robbery with rape, robbery with intentional
Separate crimes of rape
mutilation or serious PI) The original plan was to rape
and robbery
1) Accompanied by rape; or
2) Accompanied by intentional mutilation; or 1) Insanity;
Robbery with
3) If by reason or on occasion of such robbery, any of 2) Imbecility;
violence
the physical injuries penalized in subdivision 1 of 3) Impotency;
294 against or
Article 263 shall have been inflicted; 4) Blindness
intimidation
1) Loss of the use of speech, the power to hear or If committed;
of persons Par. 3
to smell, loss of an eye, hand, foot, arm, or leg; 1) In an uninhabited place; or
When by reason or on occasion of the robbery, any of
2) Loss of the use of any such member; or 2) By a band; or
the physical injuries penalized in subdivision 2 of the
3) Incapacity for the work in which he was 3) By attacking a moving train, street
article 263 shall have been inflicted; The penalty is higher
habitually engaged car, motor vehicle or airship; or
Par. 4 4) By entering the passenger's
If the violence or intimidation employed in the compartments in a train or, in any
commission of the robbery shall have been carried to a manner, taking the passengers thereof

55
 degree clearly unnecessary for the commission of the by surprise in the respective
crime; conveyances; or
5) On a street, road, highway, or alley
and the intimidation is made with the
1) Any of the physical injuries defined in use of a firearm
When in the course of its execution, the offender shall paragraphs 3 and 4 of Art. 263 was inflicted in the
have inflicted upon any person not responsible for its course of the robbery; and The SPI are inflicted upon the robbers No robbery with SPI
commission any of the physical injuries covered by 2) Any of them was inflicted upon any person
sub-divisions 3 and 4 of Article 263; NOT responsible for the commission of the The SPI are inflicted after the Separate crimes of
robbery. robbery simple robbery and SPI
Par. 5
Other cases
When a member is liable for the acts of other
members:
1) He was a member of the band.
When more than three armed malefactors take part in
Definition of 2) He was present at the commission of a robbery
296 the commission of a robbery, it shall be deemed to have
a band by that band.
been committed by a band
3) The other members of the band committed an
assault.
4) He did not attempt to prevent the assault.
Attempted
When by reason or on occasion of an attempted or
297 and frustrated
frustrated robbery a homicide is committed
robbery
Execution of Compelling another to: 1) By means of 1) The offender has intent to defraud another. There is no intent to gain Grave coercion
deeds by 1) Sign; violence or 2) The offender compels him to sign, execute, or
The compulsion is by means of deceit
298 means of 2) Execute; or intimidation; and deliver any public instrument or document. Estafa
or unfaithfulness
violence or 3) Deliver any public 2) With intent to 3) The compulsion is by means of violence or
intimidation instrument or documents defraud intimidation.
Robbery by the use of force upon things
Inhabited house means any shelter, Dependencies. All interior courts, corrals,
Public building includes every building
ship or vessel constituting the waterhouses, granaries, barns, coach-houses,
owned by the Government or belonging to a Orchards and other lands used for cultivation or
dwelling of one or more persons, even stables or other departments or inclosed places
301 private person not included used or rented by production are not included, even if closed, contiguous
though the inhabitants thereof shall contiguous to the building or edifice, having an
the Government, although temporarily to the building and having direct connection therewith.
temporarily be absent therefrom when interior entrance connected therewith, and which
unoccupied by the same.
the robbery is committed form part of the whole.
Crime Means Elements Additional/Absent Element Result
Robbery in an 1) The offender entered:
Entering the house or building: The whole body of the culprit was
299 inhabited house or a) an inhabited place, or Theft
1) Through an opening not intended for entrance or egress; not inside the building
public building or b) public building, or

56
 edifice devoted to 2) By breaking any wall, roof, or floor or breaking any door or c) edifice devoted to religious worship.
worship window; 2) The entrance was effected by any of the means
3) By using false keys, picklocks or similar tools; ß The false key is used to open
4) By using any fictitious name or pretending the exercise of 3) That once inside the building, the offender wardrobe or locked receptacle or Theft
public authority; took personal property belonging to another with drawer or inside door
intent to gain.

1) That the offender is inside a dwelling house,

If the robbery is committed: public building, or edifice devoted to religious
If the locked or sealed receptacle
1) By the breaking of doors, wardrobes, chests, or any other worship, regardless of the circumstances under
is not forced open in the building
kind of locked or sealed furniture or receptacle; which he entered it; Theft or Estafa
where it is kept or taken therefrom
2) By taking such furniture or objects to be broken or forced 2) The offender takes personal property
to be broken outside
open outside the place of the robbery. belonging to another, with intent to gain, under
any of the following circumstances ß
1) The entrance has been effected through any opening not
intended for entrance or egress; 1) That the offender entered an uninhabited place
2) Any wall, roof, flour or outside door or window has been or a building which was not a dwelling house,
broken; not a public building, or not an edifice devoted
Robbery is an
3) The entrance has been effected through the use of false keys, to religious worship.
302 uninhabited place or
picklocks or other similar tools; 2) That any of the circumstances ß was present;
in a private building
4) If any door, wardrobe, chest or by sealed or closed furniture 3) That with intent to gain, the offender took
or receptacle has been broken; therefrom personal property belonging to
5) If any closed or sealed receptacle has been removed even if another.
the same to broken open elsewhere.
1) The offender has in his possession or makes
1) Having in his possession picklocks or similar tools
picklocks or similar tools.
Possession of especially adopted to the commission of the crime of robbery;
2) Such picklocks or similar tools are specially
304 picklocks or similar
adopted to the commission of robbery.
tools The penalty is
2) Making such tools 3) The offender does not have lawful cause for The offender is a locksmith
higher
such possession.
False Keys
1) Picklocks or similar tools especially adopted to the commission of the crime of robbery;
305
2) Genuine keys stolen from the owner;
3) Any keys other than those intended by the owner for use in the lock forcibly opened by the offender.
BRIGANDAGE
Crime Punishable Acts Elements Additional/Absent Element Result
Forming a band of robbers for the purpose of: 1) There be at least four armed persons.
Who are 1) Committing robbery in the highway; or 2) They formed a band of robbers. Specific crimes
306 They carried out their purpose
brigands 2) Kidnapping persons for the purpose of extortion or 3) The purpose is any of ß committed
to obtain ransom; or

57
 3) Attaining any other purpose by means of force and
violence
1) Aiding, abetting or protecting a band of brigands;
Aiding and
2) Giving them information of the movements of the 1) That there is a band of brigands.
abetting a
307 police or other peace officers of the Government; or 2) The offender knows the band to be of brigands.
band of
3) Acquiring or receiving the property taken by such 3) That the offender does any of the acts ß
brigands
brigands.
1) Seizing any person for ransom, extortion or other
unlawful purposes; or
Brigandage/ 1) It is committed on a Philippine Highway;
PD 2) Taking away of the property of another by means
Highway 2) It is committed indiscriminately or against anyone;
532 of violence against or intimidation of person or force
Robbery 3) It is committed with habituality
upon things of other unlawful means, committed on
any Philippine Highway.
THEFT
Crime Punishable Acts Elements Additional/Absent Element Result
1) That there be taking of personal property.
2) Said property belongs to another. Juridical possession is transferred Estafa
1) Taking personal property of another without the 3) The taking be done with intent to gain.
latter’s consent but without violence or intimidation; 4) The taking be done without the consent of the owner.
5) The taking be accomplished without the use of The property taken is a motor vehicle Carnapping
violence against or intimidation of persons or force upon
things.
1) The time of the seizure of the thing must be proven;
2) Failing to deliver lost property he found to the local 2) It was a lost property belonging to another; and
authorities or to its owner; 3) The accused having had the opportunity to return or
deliver the lost property to its owner or to the local
authorities, refrained from doing so.
308 Theft/
3) Removing or making use of the fruits or object of the
damage maliciously caused by him upon the property
of another;
1) There is an enclosed estate or a field where trespass
is forbidden or which belongs to another;
4) Entering an inclosed estate or a field where trespass
2) The offender enters the same;
is forbidden or which belongs to another and without
3) The offender hunts or fishes upon the same or gathers
the consent of its owner, Trespass to
fruits cereals or other forest or farm products in the The offender did not take anything
a) Hunting; or property
estate or field;
b) Fishing upon the same; or
4) The hunting or fishing or gathering of products is
c) Gathering cereals, or other forest or farm products.
without the consent of the owner.

58
 If theft is committed under the ff circumstances:
1) By a domestic servant; or 4) If property is taken on the occasion of: The fish were already taken out of the
Simple theft
2) With grave abuse of confidence; or a) Fire; pond
3) If the property stolen is: b) Earthquake; Revelation and
Qualified a) Mail matter; or c) Typhoon; The mail matter was taken for the
310 discovery of
Theft b) Consists of coconuts taken from the premises of the d) Volcanic eruption; or purpose of discovering secrets
secrets
plantation; or e) Any other calamity;
c) Fish taken from a fishpond or fishery; f) Vehicular accident; or The mail matter was taken with intent to
d) Motor vehicles excepted from the coverage of the g) Civil disturbance. Estafa
defraud
Anti-Carnapping Law
Theft of the
property of
Stealing property of the National Library or the
311 the National
National Museum
Library and
Museum
Fencing 1) The crime of robbery or theft has been committed.
The act of any person who, with intent to gain for 2) The accused is not a principal or accomplice in the
himself or for another, shall buy, receive, possess, commission of the crime of robbery or theft
keep, acquire, conceal, sell or dispose of, or shall buy 3) He buys, receives, possesses, keeps, acquires,
and sell or in any other manner deal in any article, item, conceals, sells or disposes, or buys and sells, or in any
object or anything of value which he knows, or should manner deals in any article, item, object or anything of The offender will
PD The proceeds are for a crime other than
Fencing be known to him, to have been derived from the value, which has been derived from the proceeds of the be an accessory to
1612 theft or robbery
proceeds of the crime of robbery or theft. said crime. that crime
4) The accused knows or should have known that the
Presumption said article, item, object or anything of value has been
Mere possession of any goods or anything of value derived from the proceeds of the crime of robbery or
which has been the subject of robbery or thievery shall theft.
be prima facie evidence of fencing. 5) There is intent to gain for himself or another.
1) Taking of a motor vehicle which belongs to another;
2) The taking is:
The owner, driver, or occupant of the
Anti- Taking of a motor vehicle belonging to another without a) Without the consent of the owner; or
RA carnapped motor vehicle is killed or The penalty is
Carnapping the consent of the owner or by means of violence or b) By means of violence against or intimidation of
10883 raped in the commission of the higher
Law intimidation or force upon things persons;
carnapping
c) By using force upon things;
3) It is done with intent to gain
USURPATION
Crime Punishable Acts Elements Additional/Absent Element Result
Occupation of 1) The offender takes possession of any real property or usurps
312 1) Taking possession of any real property; or The property taken is personal property Robbery
real property any real rights in property.

59
 or usurpation 2) Usurping any real rights in property belonging2) The real property or real rights belong to another.
of real rights to another 3) Violence against or intimidation of persons is used by the
in property offender in occupying real property or usurping real rights in No violence or intimidation Civil liability
property.
4) There is intent to gain.
1) That there be boundary marks or monuments of towns,
Altering Altering the boundary marks or monuments of
provinces, or estates, or any other marks intended to designate
313 boundaries or towns, provinces, or estates, or any other marks
the boundaries of the same.
landmarks intended to designate the boundaries of the same
2) That the offender alters said boundary marks.
CULPABLE INSOLVENCY
1) The offender is a debtor; that is, he has obligations due and
Fraudulent Absconding with property to the prejudice of payable. The penalty is
314 The offender is a merchant
insolvency creditors 2) He absconds with his property. higher
3) There must be prejudice to his creditors.
SWINDLING AND
OTHER DECEITS
Elements of Estafa in General
1) The accused defrauded another (a) by abuse of confidence, or (b) by means of deceit; and
2) Damage or prejudice capable of pecuniary estimation is caused to the offended party or third person.
Crime Punishable Acts Subject Elements Additional/Absent Element Result
With unfaithfulness or abuse of confidence
Anything of value which the offender 1) That the offender has an onerous obligation to
shall deliver by virtue of an obligation deliver something of value.
1) Altering the substance,
to do so, even though such obligation 2) That he alters its substance, quantity, or
quantity, or quality
be based on an immoral or illegal quality.
consideration 3) That damage or prejudice is caused to another.
1) Money; 1) That money, goods, or other personal property
2) Goods; or be received by the offender in trust, or on Material possession Theft
3) Any other personal property commission, or for administration, or under any
received by the offender: other obligation involving the duty to make
Swindling
315 2) Misappropriating or a) In trust; or delivery of, or to return, the same; Ownership is transferred Civil lability
(estafa)
converting, to the prejudice of b) On commission; or 2) That there be misappropriation or conversion
another; c) For administration; or of such money or property by the offender, or
3) Denying having received d) Under any other obligation denial on his part of such receipt;
involving the duty to make delivery of 3) That such misappropriation or conversion or
or to return the same, even though such denial is to the prejudice of another; and
obligation be totally or partially 4) That there is a demand made by the offended
guaranteed by a bond party to the offender.
4) Taking undue advantage; or The signature of the offended party in 1) The paper with the signature of the offended
5) Writing any document above blank party be in blank.

60

False pretenses or fraudulent acts executed prior to or simultaneously with the commission of the fraud
1) Using
2) Falsely pretending to possess
3) By means of other similar
deceits
4) Altering the quality, fineness
or weight
5) Pretending to have bribed any
Government employee
6) Postdating a check; or
7) Issuing a check in payment of b) His funds deposited therein were
an obligation
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
authority to do so.
4) That the document so written creates a liability
of, or causes damage to, the offended party or any
third person.
Fictitious name 1) That there must be a false pretense, fraudulent
1) Power; act or fraudulent means
2) Influence; 2) That such false pretense, fraudulent act or
3) Qualifications; fraudulent means must be made or executed prior
4) Property; to or simultaneously with the commission of the
5) Credit; fraud.
6) Agency; 3 That the offended party must have relied on the
7) Business; or false pretense, fraudulent act, or fraudulent
8) Imaginary transactions means, that is, he was induced to part with his
money or property because of the false pretense,
fraudulent act, or fraudulent means.
4) That as a result thereof, the offended party
suffered damage.
Anything pertaining to his art or
business
The offender really gave a Corruption of
bribe public officers
1) That the offender postdated a check, or issued
a) When the offender had no funds in
a check in payment of an obligation;
the bank; or Estafa by
2) That such postdating or issuing a check was
The check is falsified means of false
done when the offender had no funds in the bank,
not sufficient to cover the amount of pretenses
or his funds deposited therein were not sufficient
the check
to cover the amount of the check.
61
 1) A person makes or draws and issues any
check.
2) The check is made or drawn and issued to
apply on account or for value.
3) The person who makes or draws and issues the
Knowing at the time of issue that he check knows at the time of issue that he does not
BP 22
does not have sufficient funds in or have sufficient funds in or credit with the drawee
By making or drawing and
credit with the drawee bank for the bank for the payment of such check in full upon
issuing any check to apply on
payment of such check in full upon its its presentment.
account or for value
presentment 4) The check is subsequently dishonored by the
drawee bank:
a) For insufficiency of funds or credit or
b) Would have been dishonored for the same
reason had not the drawer, without any valid
reason, ordered the bank to stop payment.
1) That a person makes or draws and issues any
check.
2) That the check is made or drawn and issued to
BP 22 apply on account or for value.
Failing to keep sufficient funds 3) That the person who makes or draws and
or to maintain a credit to cover issues the check knows at the time of issue that
Having sufficient funds in or credit
the full amount of the check if he does not have sufficient funds in or credit with
with the drawee bank when he makes
presented within a period of 90 the drawee bank for the payment of such check
or draws and issues a check
days from the date appearing in full upon its presentment.
thereon, for which reason it is 4) That the check is subsequently dishonored by
dishonored by the drawee bank. the drawee bank for insufficiency of funds or
credit, or would have been dishonored for the
same reason had not the drawer, without any
valid reason, ordered the bank to stop payment.
8) Obtaining without paying; 1) Hotel;
1) Food; 2) Inn;
9) Abandoning or surreptitiously
2) Refreshment; or
removing any part of his 3) Accommodation 3) Restaurant;
baggage after obtaining credit 4) Boarding
and without paying; house;
5) Lodging
house;
10) Obtaining by the use of false 6) Apartment
Credit
pretense house and the
like

62
 Fraudulent means
1) That the offender induced the offended party
to sign a document.
2) That deceit be employed to make him sign the
1) Inducing By means
Any document document.
another to sign of deceit
3) That the offended party personally signed the
document.
4) That prejudice be caused.
2) Resorting to some fraudulent
Gambling game
practice to insure success
1) There is a court record, office files, documents Malicious
1) Any court record; No intent to defraud
3) Removing; or any other papers. mischief
In whole or 2) Office files;
4) Concealing; or 2) The offender removed, concealed or destroyed The offender is a public officer Infidelity in
in part 3) Document; or
5) Destroying any of them. who is officially entrusted with the custody of
4) Any other papers
3) The offender had intent to defraud another. the document documents
Crime Punishable Acts Elements Additional/Absent Element Result
Par. 1 1) The thing must be immovable
1) Conveying; 2) The offender who is not the owner of said property should represent that The thing is personal property Estafa by
2) Selling; he is the owner thereof. means of false
3) Encumbering; 3) The offender should have executed an act of ownership The thing is non-existent pretenses
4) Mortgaging real property 4) The act must be made to the prejudice of the owner or a third person.
1) The thing disposed of must be real property.
2) The offender knew that the real property was encumbered, whether the
Removal, sale
encumbrance is recorded or not.
Par. 2 or pledge of
3) There must be express representation by the offender that the real The thing is personal property
Disposing encumbered real property mortgaged
property is free from encumbrance.
property
4) The act of disposing of the real property be made to the damage of
Other forms of another.
316 The taking is by means of
swindling Par. 3 1) The offender is the owner of personal property.
Wrongfully taking from the lawful possessor, to 2) Said personal property is in the lawful possession of another. violence with intent to charge Robbery
the prejudice of such possessor or a third person 3) The offender wrongfully takes it from its lawful possessor. the bailee with its value
personal property 4) Prejudice is thereby caused to the possessor or third person. The offender is not the owner Theft
The conveyance is real and
Par. 4
made for a consideration, and Fraudulent
Executing, to the prejudice of another any
not simulated, to prejudice a insolvency
fictitious contract
creditor
Par. 5 1) The offender accepts compensation given him;
Accepting compensation given under the belief 2) It was given under the belief that it was in payment of services rendered Solutio
No fraud
that it was in payment of services rendered or or labor performed by him; indebiti
labor performed by him 3) He did not perform such labor or services

63
 4) There is fraud.
1) The offender is a surety in a bond given in a criminal or civil action.
Par. 6 2) He guaranteed the fulfillment of such obligation with his real property or
1) Selling; properties.
2) Mortgaging; or 3) He sells, mortgages, or in any other manner encumbers said real property.
3) Encumbering in any other manner the real 4) Such sale, mortgage or encumbrance is:
property or properties with which he guaranteed a) without express authority from the court, or
the fulfillment of such obligation b) made before the cancellation of his bond, or
c) before being relieved from the obligation contracted by him.
1) The offender takes advantage of the inexperience or emotions or feelings
of a minor
1) Inducing a minor to assume any obligation;
2) He induces such minor to commit any of the acts ß
2) Giving any release; or
Swindling a 3) The consideration is:
317 3) Executing a transfer of any property right in
minor a) some loan of money,
consideration of some loan of money, credit or
b) credit, or
other personal property
c) other personal property.
4) The transaction is to the detriment of such minor
Par. 1 1) The offender defrauds or damages another;
Any other deceit not
1) Defrauding; or 2) The act does not constitute any of the deceits mentioned in the previous
mentioned
2) Damaging another articles
Par. 2
318 Other deceits 1) Interpreting dreams;
2) Making forecasts 1) The offender commits any of the acts ß
3) Telling fortunes; or 2) The act is for profit or gain
4) Taking advantage of the credulity of the
public in any other similar manner
CHATTEL MORTGAGE
Crime Punishable Acts Elements Additional/Absent Element Result
1) Personal property is mortgaged under the Chattel Mortgage Law.
2) The offender knows that such property is so mortgaged.
1) Knowingly removing any personal property
3) He removes such mortgaged personal property to any province or
mortgaged under the Chattel Mortgage Law to any
city other than the one in which it was located at the time of the
province or city other than the one in which it was
execution of the mortgage.
Removal, sale located at the time of the execution of the mortgage,
4) The removal is permanent.
or pledge of without the written consent of the mortgagee, or his
319 5) That there is no written consent of the mortgagee or his executors,
mortgaged executors, administrators or assigns.
administrators or assigns to such removal.
property 6) There must be intent to defraud
2) Selling or pledging personal property already 1) That personal property is already pledged under the terms of the Estafa by
pledged, or any part thereof, under the terms of the Chattel Mortgage Law. The property sold is real disposing
Chattel Mortgage Law, without the consent of the 2) That the offender, who is the mortgagor of such property, sells or property encumbered
mortgagee written on the back of the mortgage and pledges the same or any part thereof. real property
64
 noted on the record hereof in the office of the Register 3) There is no consent of the mortgagee written on the back of the
of Deeds of the province where such property is mortgage and noted on the record thereof in the office of the register
located. of deeds.

ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS

Crime Subject Special Aggravating Additional/Absent Element Result
PD
1) Property of another; or Under circumstances which expose to
1613, Arson
2) His own property danger the life or property of another.
Sec.1
a) Consequent to one single act of
burning; or
1) One or more buildings or edifices b) As a result of simultaneous burnings,
committed on several or different
occasions.
Devoted to
a) The public in general; or
b) Where people usually gather or
2) Any building of public or private Arson with
congregate for a definite purpose such Death results
ownership, regardless of whether homicide
as, but not limited to, official
the offender had knowledge that
governmental function or business,
there are persons in said building or
private transaction, commerce, trade, 1) If committed with intent to gain;
edifice at the time it is set on fire and
workshop, meetings and conferences; or 2) If committed for the benefit of another;
regardless also of whether the
c) Merely incidental to a definite 3) If the offender is motivated by spite or
building is actually inhabited or not.
purpose such as but not limited to hotels, hatred towards the owner or occupant of the
Destructive
320 motels, transient dwellings, public property burned;
Arson
conveyances or stops or terminals 4) If committed by a syndicate.
Devoted to:
a) Transportation or conveyance; or
3) Any train or locomotive, ship or
b) For public use;
vessel, airship or airplane
c) Entertainment; or Fire was chosen primarily to
Arson
d) Leisure. kill
4) Any building, factory, warehouse
installation and any appurtenances Devoted to the service of public utilities
thereto
For the purpose of:
a) Concealing or destroying evidence of
Arson AND
another violation of law; or Burning was used to conceal
5) Any building murder or
b) Concealing bankruptcy; or the killing
homicide
c) Defrauding creditors; or
d) To collect from insurance.

65
 6) Any arsenal, shipyard, storehouse or military powder or fireworks factory,
ordnance, storehouse, archives or general museum of the Government.
7) An inhabited place, any storehouse or factory of inflammable or explosive
materials.
1) Any building used as offices of the government or any of its agencies;
2) Any inhabited house or dwelling;
3) Any industrial establishment, shipyard, oil well or mine shaft, platform or
PD
Other cases of tunnel;
1613,
Arson 4) Any plantation, farm, pastureland, growing crop, grain field, orchard,
Sec.3
bamboo grove or forest;
4) Any rice mill, sugar mill, cane mill or mill central;
5) Any railway or bus station, airport, wharf or warehouse.
MALICIOUS MISCHIEF
Crime Punishable Acts Elements Additional/Absent Element Result
1) The offender deliberately caused damage to the property of
another. Intent to gain Theft
Malicious 2) Such act does not constitute arson or other crimes involving
Deliberately causing damage to the property of another
Mischief destruction.
3) The act of damaging another's property be committed No malice Civil liability
merely for the sake of damaging it.
1) Causing damage to obstruct the performance of public There is a public and
Sedition
functions; or tumultuous uprising
2) Using any poisonous or corrosive substance;
Special cases
3) Spreading any infection or contagion among cattle;
328 of malicious
4) Causing damage to:
mischief
a) The property of the National Museum or National Library;
b) Any archive or registry, waterworks, road, promenade, or
any other thing used in common by the public
Other
329 Mischiefs not included in 328
mischiefs
Damage and Causing damage to the ff:
If the damage shall result in any
obstruction to 1) Railway; The penalty is
330 derailment of cars, collision or
means of 2) Telegraph; or higher
other accident
communication 3) Telephone lines.
Destroying or 1) Destroying; or
damaging 2) Damaging
331 statues, public a) Statues;
monuments or b) Any other useful or ornamental public monument;
paintings c) Any useful or ornamental painting of a public nature

66
 TITLE ELEVEN
CRIMES AGAINST CHASTITY

Crime Punishable Act/s Who Commits Offended Party Elements Additional/Absent Element Result
1) That the woman is married;
1) Having sexual intercourse with
1) Any married woman 2) That she has sexual intercourse with a If committed while being
a man not her husband
Spouse of the man not her husband; abandoned without
333 Adultery Mitigating
2) Having carnal knowledge of the married woman 3) That as regards the man with whom she justification by the offended
woman, knowing her to be 2) Any man has sexual intercourse, he must know her spouse
married to be married.
1) Keeping a mistress in the
1) A married man 1) That the man must be married.
conjugal dwelling; or
/husband 2) He committed any of the acts ß
2) Having sexual intercourse,
Spouse of the
334 Concubinage under scandalous circumstances,
husband
with a woman who is not his wife; 3) That as regards the woman, she must
2) Woman
3) Cohabiting with her in any know him to be married.
other place
Committing any act of
lasciviousness under the following
circumstances: Unjust
No lewd designs
1)Through force, threat, or vexation
intimidation; 1) The offender commits any act of
2) When the offended party is lasciviousness of lewdness;
Acts of deprived of reason or otherwise Any person of 2) The act of lasciviousness is committed
339 Any person
lasciviousness unconscious; either sex against a person of either sex;
3) By means of fraudulent 3) It must be committed under any of the
machination or grave abuse of circumstances ß Intent to lie Attempted rape
authority; and
4) When the offended party is
under 12 years of age or is
demented.
1) Any person in public 1) That the offended party is a virgin,
authority; which is presumed if she is unmarried and
2) Priest; of good reputation.
3)Home-servant; Virgin over 12 2) That she must be over 12 and under 18
Qualified The woman is under 12 years
337 Having carnal knowledge 4) Domestic; years and under years of age. Rape
Seduction of age
5) Guardian; 18 years of age 3) That the offender has sexual
6) Teacher; or intercourse with her.
7) Any person who, in 4) That there is abuse of authority or
any capacity, shall be confidence on the part of the offender.

67
 entrusted with the
education or custody of
the woman seduced
1) That the offended party is the sister or
1) Brother; or 1) Sister; or descendant of the offender;
2) Ascendant 2) Descendant 2) That there is abuse of relationship on
the part of the offender.
1) A woman who 1) The offended party is over 12 and
is single; or under 18 years of age.
2) A widow of 2) She must be of good reputation, single
Simple Having carnal By means of The woman is under 12 years
338 Any man good reputation or a widow. Rape
Seduction knowledge deceit of age
Over 12 years and 3) The offender has sexual intercourse
under 18 years of with her.
age 4) It is committed by means of deceit.
1) A woman who is a
virgin or single or a
1) That the offender commits acts of
Acts of widow of good
lasciviousness or lewdness.
lasciviousness Committing any acts of reputation, under 18 Qualified or
2) That the acts are committed upon ß.
339 with the lasciviousness under the years of age but over 12 There is carnal knowledge Simple
3) That the offender accomplishes the
consent of the circumstances in 338 or 339. years Seduction
acts by abuse of authority, confidence,
offended party 2) A sister or
relationship, or deceit.
descendant regardless
of her reputation or age
1) Promoting;
Corruption of 2) Facilitating To satisfy the
340 Any person Persons underage
minors the prostitution lust of another
or corruption
1) Engage in the business of
prostitution;
White slave 2) Profiting by prostitution; or
341 Any person
trade 3) Enlisting the services of any
other for the purpose of
prostitution
Any woman, 1) That the person abducted is any The accused intended at the Rape
against her will woman, regardless of her age, civil status, very outset to rape the victim
Forcible Abduction with lewd designs or reputation.
342 Any man 2) That the abduction is against her will No lewd designs Grave coercion
abduction Female under 12
years of age (if 12 years or under, it may be
Deprivation of liberty and no
voluntary). Kidnapping
lewd designs

68
 3) That the abduction is with lewd The purpose is to lend the
Corruption of
designs. minor to illicit intercourse
minors
with others
1) The offended party must be a virgin.
2) She must be over 12 and under 18 years
Virgin over 12 and of age.
Consented under 18 years of 3) The taking away of the offended party
343
abduction age, with her must be with her consent, after
consent solicitation or cajolery from the offender.
4) The taking away of the offended party
must be with lewd designs.

69
 TITLE TWELVE
CRIMES AGAINST THE CIVIL STATUS OF PERSONS

SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS

Crime Punishable Act/s Elements Additional/Absent Element Result
Simulation of
1) Simulating births;
births, substitution
2) Substituting of one child for another;
of one child for
347 another and 1) The child must be legitimate;
concealment or The offender has the custody of the child and
3) Concealing; or 2) The offender conceals or abandons such child; and Abandoning a
abandonment of a the purpose is to avoid the obligation of rearing
4 Abandoning any legitimate child 3) The offender has the intent to cause such child to lose minor
legitimate child the child
its civil status.
1) A person represents himself to be another; If done for the purpose of defrauding the The penalty is
2) He assumes the filiation or the parental or conjugal offended party or his heirs higher
Usurpation of civil
348 Usurping the civil status of another rights of such another person;
status No intent to enjoy the rights arising from the Using a fictitious
3) The intent of the offender is to enjoy the rights
civil status of the person impersonated name or estafa
arising from the civil status of the person impersonated.
ILLEGAL MARRIAGES
1) The offender has been legally married.
Contracting a second or subsequent marriage:
2) The marriage has not been legally dissolved or, in
a) Before the former marriage has been
case his or her spouse is absent, the absent spouse could
legally dissolved; or
349 Bigamy not yet be presumed dead according to the Civil Code.
b) Before the absent spouse has been declared
3) He contracts a second or subsequent marriage.
presumptively dead by means of a judgment
4) The second or subsequent marriage has all the
rendered in the proper proceedings.
essential requisites for validity.
1) That the offender contracted marriage. If either of the contracting parties shall obtain
Contracting a marriage:
Marriage 2) That he knew at the time that: the consent of the other by means of:
a) Knowing that the requirements of law have The penalty is
350 contracted against a) The requirements of the law were not complied with; a) Violence;
not been complied with; or higher
provisions of laws or b) Intimidation; or
b) In disregard of a legal impediment
b) The marriage was in disregard of a legal impediment. c) Fraud
1) The offender is a priest or minister of any religious
Performance of denomination or sect, or civil authority;
1) Performing; or Usurpation of
352 illegal marriage 2) He performs or authorizes an illegal marriage The offender pretended to be a priest
2) Authorizing any illegal marriage ceremony official function
ceremony ceremony;
3) He must be authorized to solemnize marriages

70
 TITLE THIRTEEN
CRIMES AGAINST HONOR
Crime Punishable Acts Elements Additional/Absent Element Result
1) There must be an imputation of a crime, or of a vice
or defect, real or imaginary, or any act, omission, status
A libel is public and malicious imputation of a crime,
or circumstance.
or of a vice or defect, real or imaginary, or any act,
2) The imputation must be made publicly.
omission, condition, status, or circumstance tending Inciting to
353 Defamation/Libel 3) It must be malicious. The matter published is seditious
to cause the dishonor, discredit, or contempt of a sedition
4) The imputation must be directed to a natural or
natural or juridical person, or to blacken the memory
juridical person, or one who is dead.
of one who is dead.
5) The imputation must tend to cause the dishonor,
discredit or contempt of the person defamed.
Exceptions:
General Rule: 1) A private communication made by any person to another in the performance of any legal, moral or social duty;
Requirement for Every defamatory imputation is presumed to be 2) A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other
354
publicity malicious, even if it be true, if no good intention and official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said
justifiable motive for making it is shown proceedings, or of any other act performed by public officers in the exercise of their functions.
3) Fair commentaries on matters of public interest
The truth may be given in evidence to the court and the defendants Proof of the truth of an imputation of an act or omission not constituting a crime shall not be admitted
shall be acquitted: except:
361 Proof of truth
a) If it appears that the matter charged as libelous is true; and If the imputation shall have been made against Government employees with respect to facts related to
b) That it was published with good motives and for justifiable ends the discharge of their official duties.
Committing libel by
f) Phonograph;
means of:
g) Painting;
Libel by means or a) Writing;
h) Theatrical exhibition;
355 writing or similar b) Printing; Through an amplifier Slander
i) Cinematographic
means c) Lithography;
exhibition; or
d) Engraving;
j) Any similar means
e) Radio;
Threatening to 1) Threatening another to publish a libel concerning
publish and offer to him or the parents, spouse, child, or other members of
356 present such the family of the latter;
publication for a 2) Offering to prevent the publication of such libel for
compensation a compensation or money consideration.
Prohibited
1) The offender is a reporter, editor or manager of a
publication of acts Publishing facts connected with the private life of
newspaper daily or magazine.
357 referred to in the another and offensive to the honor, virtue and
2) He publishes facts connected with the private life of
course of official reputation of said person
another
proceedings

71
 3) Such facts are offensive to the honor, virtue and
reputation of said person.
Orally defaming another which may be:
358 Slander 1) Simple; or
2) Of a serious and insulting nature
1) That the offender performs any act not included in
any other crime against honor.
Performing any act not included and punished in this
2) That such act is performed in the presence of other
359 Slander by deed title which shall cast dishonor, discredit or contempt No publicity or dishonor Unjust vexation
person or persons.
upon another person
3) That such act casts dishonor, discredit or contempt
upon the offended party.
INCRIMINATORY MACHINATIONS
Crime Punishable Acts Elements Additional/Absent Element Result
1) The offender performs an act;
1) Directly incriminating; or
Incriminating 2) By such act he directly incriminates or imputes to an Giving of a false statement under
363 2) Imputing to an innocent person the commission of Perjury
innocent persons innocent person the commission of a crime. oath or the making of a false affidavit
a crime
3) Such act does not constitute perjury.
Creating any intrigue which has for its principal
Intriguing against
364 purpose to blemish the honor or reputation of a The source is known Slander
honor
person.

72
 TITLE FOURTEEN
QUASI-OFFENSES

Crime Punishable Acts Elements Additional/Absent Element Result

1) The offender does or fails to do an act.
2) The doing of or the failure to do that act is voluntary.
Reckless Imprudence
3) It must be without malice.
1) By committing through reckless imprudence any act
4) Material damage results.
which, had it been intentional, would constitute a grave
5) There is inexcusable lack of precaution taking into
or less grave felony or light felony.
consideration, on the part of the offender:
2) By causing damage to the property of another
a) His employment or occupation;
through reckless imprudence or simple imprudence or
b) Degree of intelligence, physical condition; and
Imprudence and negligence.
365 c) Other circumstances regarding persons, time and
negligence
place.
Simple Imprudence
3) By committing through simple imprudence or
negligence an act which would otherwise constitute a Lack of precaution displayed in those cases in which
grave or a less serious felony. the damage impending to be caused is not immediate
4) By causing through simple imprudence or negligence nor the danger clearly manifest.
some wrong which, if done maliciously, would have
constituted a light felony.

73