CRIMINAL LAW (Book 1)
in 2016, the DOJ implemented an IRR that
Criminal law – is a branch of law that defines
crimes, treats of their nature, and provides for
their punishment.
Constitutional Limitations on Power of
Congress in Penal Laws
1. No ex post facto law or bill of attainder
shall be passed;
2. No excessive fines and inhumane
punishment;
3. No imprisonment for non-payment of
debt or poll tax;
Characteristics of Penal Laws
1. Generality Principle – penal laws
applicable to all those who live or
sojourn the PH territory;
XPNs:
a. Persons exempt by virtue of
principles under International
Law;
Foreign consuls generally are not
exempt; becomes exempt only if
there’s a treaty/law that exempts
them from prosecution;
2. Territoriality Principle – the penal laws
are enforceable only within the PH
territory;
XPNs (Art 2 of RPC):
a. Acts committed on board a
PH ship or aircraft; as long as
the vessel/aircraft is in
international seas/airspace
b. Counterfeiting/Forging PH
currency notes, coins or
obligations or securities
issued by gov’t; or the
introduction of such in PH
territory;
c. Offenses committed by Public
Officers in the exercise of his
functions;
d. Crimes against national
security and against laws of
nation;
3. Prospectively Principle – penal laws
must be applied prospectively; the
effects of the law must look forward;
XPNs:
a. If favorable to the accused
provided he is not a habitual
delinquent;
RA 10592 – Good Conduct Time Allowances:
provides that such law must be enforced
prospectively;
De Lima vs. New Bilibid Prisoners (June 2019)
SC the IRR was contrary to law, the law
should be given retroactive effect because it
establishes conditions favorable and lenient to
the accused;
Interpretation of Penal Laws
If there is ambiguity, resolve in favor of the
accused, and strictly against the government;
Agents of Voluntariness
- Freedom of actions;
- Freedom of mind;
- Must acted with intent;
MOTIVE – is not an element for the
commission of a crime; it is not intent; and
need not to be established by the prosecution;
CRIMINAL INTENT – purpose of the offender
to use a particular means to effect a specified
result;
Freely and consciously committed the
act.
MISTAKE OF FACT – is a defense; an
absolutory cause; this is the misapprehension
of facts by the accused and therefore he acted
without intent;
Elements:
1. The act would have been lawful if there
was no mistake;
2. The act was with lawful purpose;
3. Mistake must not be attended with fault
or carelessness;
MALA IN SE AND MALA PROHIBITA
MALA IN SE
a. Crimes that are inherently wrong;
b. Intent is essential;
MALA PROHIBITA
a. Crimes that are not inherently wrong but
only prohibited because there is a law for
such prohibition;
b. Intent is not material;
ENTRAPMENT vs. INSTIGATION
Entrapment – public officers made a scheme to
trap and capture an offender; not a defense;
Instigation – a person practically induces the
offender to commit a crime; this is a defense;
ALIBI, DENIAL and FRAME-UP
Alibi – a defense that provides the accused is
in a different place, and not in the crime scene;
must prove that it is impossible for him to be in
the crime scene due to his ALIBI;
CORPUS DELCTI: Means the body of the
crime;
CONSPIRACY
- 2 or more persons come to an
agreement to the commission of a crime
and decided to commit the same;
- Direct proof of agreement need not be
established;
- If the crime has been committed;
conspiracy is now absorbed in the
crime; becomes a matter of committing
a crime;
Proposal to commit conspiracy
- One who decided to commit a crime
proposed such commission to another;
NOTE: Conspiracy or Proposal to commit
conspiracy is punishable only if it involves:
a. Treason;
b. Rebellion;
c. Coup de tat;
d. Sedition;
e. Arson;
f. Terrorism;
g. Sale/Importation of Drugs;
Proposal to commit a crime is not generally
punishable;
Prater Intentionem – a person is criminally
liable:
- For an intentional felony, and;
- For acts he committed even if the result
was not what he intended to be;
Efficient intervening cause – exculpates the
accused from liability; if this was the proximate
cause of the death or injury and not the acts of
the accused;
This breaks the causal connection
between the felonious act and the resultant
injury;
What does not break the causal connection?
a. Physiological condition of the victim;
b. Predisposition of the victim;
c. Concurrent and concomitant conditions;
includes the negligence of the attending
physician;
d. Supervening causes;
IMPOSSIBLE CRIMES
Criminal liability shall be incurred by any
person performing an act which would be an
offense against person or property if not for its
inherent impossibility or employment of
inadequate means;
- No impossible crime of adultery or
concubinage;
- There is an impossible crime of
intentional abortion; as well as
impossible crime of robbery;
Elements:
a. There is an evil intent;
b. And the act is not a violation of any
other law;
c. Must be against a property or person;
STAGES OF EXECUTION
a. Attempted
b. Frustrated
c. Consummated
Preparatory acts are generally not
punishable; unless there’s a law that punishes
such;
Attempted Stage:
a. the offender has started the commission
by an overt act;
b. he must not have performed all acts of
execution; and
c. consummation was prevented by reason
of a cause other than his own
desistence;
Frustrated Stage:
a. the offender has started the commission
by an overt act;
b. he must have performed all acts of
execution; and
c. the act was not consummated by reason
of a cause other than his own
desistence;
Consummated Stage:
a. the offender has started the commission
by an overt act;
b. he must have performed all acts of
execution; and
c. the act was consummated;
NOTE:
 - no frustrated or attempted stage in Libel, b. Reasonable necessity of the means
Attempt to Flee in another country, employed to repel the aggression;
Physical Injuries; c. Lack of sufficient provocation from the
person defending;
Defense of Relatives – the person claiming the
NO Frustrated Stage:
defense was not part of the provocation;
1. theft;
Defense of Stranger – the person defending
2. robbery;
should not be induced by revenge, resentment
3. rape;
or other evil motive;
4. kidnapping with serious illegal detention;
5. estafa/swindling; Defense of Property rights – the unlawful
aggression is directed at the property and not
CIRCUMSTANCES THAT AFFECTS
at the life of the defending party;
LIABILITY OF THE ACCUSED
4. STATE OF NECCESSITY (Avoidance of
a. justifying circumstances – no criminal
greater of evil)
and civil liability; (no crime, no criminal);
b. exempting circumstances – no criminal Elements:
but civil damages may be granted;
a. The evil sought to be prevented actually
(there is a crime, no criminal);
exist;
c. mitigating circumstances – liability is
- It is not speculative, but imminent;
mitigated; there is diminution of
b. The evil is greater than the act done to
voluntariness;
prevent such;
d. aggravating circumstances – liability is
c. There be no other less harmful means to
aggravated; sentenced to a higher
avoid the evil;
penalty;
e. alternative circumstances – taken as NOTE: Civil Damages may be rewarded even if
either a mitigating or aggravating; this is a justifying circumstances; the one who
involves intoxication, relationship, and will pay are those who benefitted from the act
degree of education/instruction; of the accused;
JUSTIFYING CIRCUMSTANCES 5. FULFILLMENT OF DUTY
Elements:
1. Self-defense;
a. The offender is fulfilling his duty;
2. Defense of relative;
b. The injury be the necessary
3. Defense of a stranger;
consequence of the due fulfillment of the
4. State of necessity;
duty;
5. Fulfillment of duty;
6. Obedience to a lawful order;
6. OBEDIENCE TO A LAWFUL ORDER
Under these circumstance the accused
Elements:
have no liability. There is no crime, and no
a. There is an order to a subordinate;
criminal.
b. Order was issued for a lawful purpose;
1. SELF-DEFENSE; c. The means employed in following the
2. DEFENSE OF RELATIVE; order must be lawful;
3. DEFENSE OF A STRANGER;
EXEMPTING CIRCUMSTANCES
May defend his life, life of relative or
1. Insanity or imbecile;
stranger or his property or property of his
2. Minority;
relative or stranger;
3. Accident;
Elements: 4. Irresistible Force;
5. Uncontrollable Fear;
a. Unlawful Aggression;
- Absent this element then this defense
a. INSANITY OR IMBECILE
cannot be invoked;
- Due to deprivation of intelligence;
- Physical attack that would place the
- But if done during a lucid interval then
victim’s life and limb in actual or
there is criminal liability;
imminent danger;
b. MINORITY
- Aggression must be unlawful;
 - 15 years old and below: absolutely
exempted from criminal liability;
- 15 years above but below 18 years:
if acted with discernment: liable;
if acted without discernment: not
liable;
Prostitution, Mendicancy, Sniffing of Rugby:
- The minors, at any age, whether or not
acted with discernment, no criminal
liability for these crimes;
c. ACCIDENT
- Happening that cannot be foreseen, or
even if can be foreseen it cannot be
avoided;
Elements:
- The offender is performing a lawful act;
- Performing without due care;
- There is negligence;
d. IRRESISTIBLE FORCE;
- Must have committed a crime due to an
irresistible force;
- The force is actual, not speculative;
- Cannot invoke if the accused had a
chance to escape or not follow the force;
e. UNCONTROLLABLE FEAR;
- Committed a crime because he was
intimidated or threatened;
- Threat or intimidation is actual, and not
speculative;
MITIGATING CIRCUMSTANCES
1. Incomplete self-defense;
2. Sufficient Provocation;
3. Vindication of Grave Offense;
4. Passion or obfuscation;
5. Deaf, Mute, Blind
6. Confession;
7. Voluntary Surrender;
8. Other Analogous Circumstances;
Generic Mitigating Circumstances
- Can be offset by an ordinary
aggravating circumstance;
- Penalty is in its minimum;
- 2 or more GMC without AC, considered
as PMC and so penalty is lowered by
one degree;
Privileged Mitigating Circumstances
- Cannot be offset by an ordinary
aggravating circumstance;
- Penalty is next lower in degree;
Special Mitigating Circumstances:
- Cannot be offset by AC;
- Penalty is that which prescribed by law;
Kinds of SMC
a. Concealment of Dishonor in parricide or
intentional abortion;
b. Abandonment of husband without
justification in a crime of adultery;
Circumstances:
1. INCOMPLETE SELF-DEFENSE
- To be PMC, prove 2 elements of the
defense but must include unlawful
aggression;
2. SUFFICIENT THREAT/PROVOCATION
- Threat must be sufficient;
- Provocation must have come from the
offended party;
3. VINDICATION OF GRAVE OFFENSE
4. PASSION OR OBFUSCATION
- The act that constituted passion or
obfuscation must not be far removed
from the criminal act itself;
- The passion must not be due to revenge
or retaliation; it should arise from
legitimate sentiments;
5. DEAF, MUTE, BLIND
- Physical defects that restricts his actions
or means of defense;
6. CONFESSION
- Must be a court confession;
- Before prosecution starts presenting
evidence;
- Must not be conditional;
- Confessed to the crime charged in the
information, not to other crimes;
7. VOLUNTARY SURRENDER
- Must surrender to an officer or person in
authority;
- There is no actual arrest;
- Surrendered voluntarily;
- Intention to surrender is to save the
gov’t from wasting time and effort in
locating the accused;
8. Other Analogous Circumstances
- Restitution or refund of money or
property in theft, estafa or malversation;

AGGRAVATING CIRCUMSTANCES
Types:
- Generic – generally applicable to all
crimes; can be offset by mitigating
circumstances;
- Qualified – changes the nature of the
crime;
- Specific – appreciated only on certain
crimes; such as cruelty only on crimes
against persons;
- Inherent – necessarily accompanies the
crime; maybe an element or a crime
itself;
Special Aggravating Circumstances
a. QUASI-RECIDIVISM – while serving
sentence commits another crime;
b. SYNDICATE OR ORGANIZED GROUP;
c. UNDER THE INFLUENCE OF DRUGS;
d. USE OF UNLICENSED FIREARMS;
Circumstances:
a. By taking ADVANTAGE OF PUBLIC
POSITION;
- in crimes committed by public officers;
- the officer used the prestige of his office
of facilitate the commission of the crime;
b. Committed with CONTEMPT OR INSULT
TO A PUBLIC OFFICER:
- The offender commits a crime;
- The commission was in the presence of
the officer;
- Offender was aware that the officer was
present;
- The crime was not committed against
the officer itself;
c. Committed with DISREGARD OF RANK,
SEX, AGE;
d. Committed in the DWELLING of the Victim;
e. ABUSE OF CONFIDENCE
- The trust reposed to the offender was
abused to facilitate the commission of
the crime;
f. Committed the crime
- during NIGHTTIME
- in an UNINHABITED PLACE
- by a BAND (4 or more armed
malefactors)
- used the three circumstances to
facilitate the commission or assure the
execution of the crime;
g. Committed a crime during a Natural
Disaster/Event
h. Committed with aid of armed men;
- Not necessarily principals; these armed
men may be accomplices;
i. Committed by means of inundation;
j. Committed by using means that constitutes
great waste of effort or time;
k. Committed by means of fire;
l. EVIDENT PREMDIADTION
- Committed by planning the execution of
the crime;
- Prove when the plan was conceived;
- Prove the lapse of time between the
forming of the plan and the commission
of the crime; that he had time to
contemplate the consequence of his
acts;
m. Craft, Disguised or Fraud have been
employed;
n. ABUSE OF SUPERIOR STRENGTH
- Offender is superior in number, in
physical built or in weapon, but such
superiority was specifically sought or
used to facilitate the commission of the
crime;
o. TREACHERY
- It absorbs abuse of superior strength,
nighttime, and/or use of poison;
- It is appreciated when the attack or act
of treachery is unexpected;
- Not appreciated if spur at the moment;
there must be premeditation;
- Not appreciated if there was a prior
heated argument;
p. CRUELTY/IGNOMINY
- Done acts that prolonged the agony of
the victim; must be done while the victim
was still alive;
- If cruelty acts were made after the death
of the victim, this circumstance will not
be appreciated;
- Always involve physical sufferings;
q. Used motor vehicles in the commission of
the crime;
r. Commission by means of Unlawful Entry
1. Recidivism – having convicted of a
crime, was convicted again for another
crime embraced in the same title of the
RPC; only convictions for the two
offense, no serving needed;
2. Reiteracion – had been previously
punished with a crime that attaches an
equal or greater penalty or for 2 or more
crimes that attaches a lighter penalty;
required that accused must have
 previously served sentence to the first
crime;
3. Quasi-recidivism – two or more crimes
committed, serving a sentence for the
first when he was convicted over the
second crime;
4. Habitual delinquent – within a period of
10 years from his release, will be
convicted of the specific crimes for the
third time or oftener;
Specific crimes:
 Falsification
 Theft
 Robbery
 Estafa
 Serious or less serious
physical injuries
ALTERNATIVE CIRCUMSTANCES
- Can either be appreciated by a
mitigating circumstance or aggravating
circumstance;
KINDS:
1. Degree of Instruction or Education;
2. Relationship;
3. Intoxication;
DEGREE OF INSTRUCTION/EDUCATION
- Considers the level of education
attained;
- Considers level of intelligence; but not
appreciated if common sense can be
used to know that the act was a crime;
RELATIONSHIP
- In crimes against chastity, relationship is
always an aggravating;
- In crimes against property, relationship
is always mitigating;
INTOXICATION
- Consuming excessive amount of
alcoholic beverage;
- Mitigating if not habitual intoxication or
was not intentional for the commission
of the crime;
- Aggravating if habitual or intentional for
the commission of the crime;
- Intoxication due to drugs is always an
aggravating; not included in this
circumstance;
PARTICIPANTS TO A CRIME
Active subjects – the offenders or accused;
only natural persons
Passive subjects – the victims or offended
party; both natural and juridical persons;
1. PRINCIPALS – must be a conspirator
himself;
a. By direct participation
- Must have participated in the criminal
resolution with direct acts;
b. By inducement
- Used force, violation or intimidation;
- Use of rewards or consideration;
- Use words of command or advice;
c. By indispensable cooperation
2. Accomplice – has criminal design and
participated therewith; not necessarily the
conspirator of the crime;
- Penalty is one degree lower from
principals
3. Accessory – must not have participated with
the criminal resolution or criminal design;
- Penalty is two degrees lower from
principals
- There are no accessories for light
felonies or in attempted stage;
- Participation is after the commission of
the crime;
Three acts of accessories;
- Profiting from the proceeds of the crime;
- Concealing or destroying the body of the
crime;
- Helping the principals escape or
harboring such principals;
Q: Police who helped an accused for libel (light
felony) to escape, what is his liability?
A: Not liable as accessory to libel since there
are no accessories to light felonies, however
he is liable as principal for the crime of
dereliction to prosecute or arrest under the
RPC;
FENCING (PD 1612)
- Keep, buy and sell, transact any objects
that has been known to him as stolen
objects;
- Offender has intent to gain;
- There should first be theft or robbery; if
no theft or robbery has been committed
then no fencing;
- Mere possession of a stolen property is
a prima facie evidence of fencing;
- No conviction needed in robbery or theft
before one can become liable for
fencing; reporting or blotter report of the
robbery or theft is enough;
PREVENTIVE IMPRISONMENT
 - This is a not a penalty;
- This is the period is upon the arrest of
the accused up to the release on bail; if
no bail then up to trial and judgment;
- Period of preventive imprisonment may
be credited to his term of imprisonment;
 Not full term but generally only
4/5 of his preventive
imprisonment
 XPN: if there’s an undertaking
that the accused will abide by the
rules governing prisoners
adjudged by final conviction;
- If the period of preventive imprisonment
has exceeded or reached the maximum
imprisonment that the accused could be
held for the crime charged the accused
must be released;
PENALTIES
1. Death – repealed;
2. Reclusion perpetua (afflictive) – 20 yrs
and 1 day to 40 years;
3. Reclusion temporal (afflictive) – 12 yrs
and 1 day to 20 yrs;
4. Prision Mayor (correctional) – 6 yrs and
1 day to 12 yrs;
5. Prision Correctional (correctional) – 6
months and 1 day to 6 years;
6. Arresto Mayor – 1 month and 1 day to 6
months;
7. Arresto Menor – 21 – 30 days and/or
crimes with fine not more than 40,000
8. Destierro – barred from coming inside a
certain area or getting close to person;
9. Fine
Subsidiary Imprisonment
- This is a penalty;
- Convict has no property to pay the fine
then he must serve subsidiary
imprisonment;
- Period: at the rate equivalent to the
highest minimum wage prevailing (537
pesos) in the PH per day of
imprisonment;
Limitations:
- Penalty is prision correctional, arresto
mayor, or arresto menor – the subsidiary
imprisonment shall not exceed 1/3 of the
sentence; not to exceed 1 year;
- Penalty is fine only – if grave or less
grave felony then should not exceed 6
months; if light felony should not exceed
15 days;
- Penalty is higher than prision
correctional (more than 6 years) – no
subsidiary imprisonment allowed;
- If the financial conditions of the accused
improves after the subsidiary
imprisonment has been served – the
accused must still pay the fine thereof;
NOTE: The subsidiary imprisonment must be
expressly provided in the judgment (Article 39,
RPC);
MULTIPLE OFFENSES
NOTE: Only crimes punished under the RPC
can be complexed with one another;
COMPOUND CRIMES – a single act that
results to grave or less grave felonies;
- Penalty will be that of the most serious
offense in maximum period;
IVLER Case:
- Reckless imprudence resulting to slight
physical injuries;
- WON reckless imprudence resulting to
homicide should be complexed with
reckless imprudence resulting to slight
physical injuries;
- Rule on Art 48 is not applicable to
crimes based on criminal negligence;
even if they are grave, less grave or light
felonies they can still be complexed;
COMPLEX CRIME PROPER – one crime is
necessary to commit another crime; one is not
indispensable in committing the other;
Forcible Abduction with Rape
- Abducts a woman against her will with
lewd design;
- If less than 12 years of age; consent is
not necessary; as long as there was
lewd design
- The abduction is necessary means to
commit the first rape; if he raped her two
or three more times; these will have
separate counts of rape; only the first
rape is complexed with forcible
abduction;
Estafa through falsification of public,
commercial or official documents
- If private document, cannot be
complexed with estafa;
- Primary consideration is that there is
damage or intent to cause damage;
SPECIAL COMPLEX CRIME
 - Crimes where the accused committed
two or more crimes that is punished with
one penalty;
- The first crime is not necessary to
commit the second or subsequent
crimes;
- There is a certain penalty already
prescribed; no more considering the
most serious offenses;
- Light felonies are absorbed in special
complex crimes;
Examples:
1. Robbery with homicide;
2. Kidnapping with homicide;
3. Rape with homicide;
4. Kidnapping with rape;
CONTINUING CRIMES – several acts are
considered only as one crime;
Rebellion
- Any common crimes committed in
pursuant of rebellion such as murder,
rape, etc. shall be absorbed in the crime
of rebellion;
SIMULTANEOUS SERVICE: The most severe
shall be first served, then the next most severe
and so on until the less severe penalty;
SUCCESSIVE SERVICE:
- If the nature of the penalty cannot be
served simultaneously;
- Must serve the total penalty or in
accordance to the three-fold rule,
whichever is lesser;
Three Fold Rule
1. Must only serve the penalty to the
longest sentence multiplied by 3;
2. But must not exceed 40 years; if the
longest penalty multiplied by 3 exceeds
the limit; accused will only serve up to
40 years only;
INDETERMINATE SENTENCE LAW
- Not a special penal law;
- The law allows person to serve a
minimum penalty up to a maximum
penalty;
- If served the minimum penalty, the
convict may be paroled;
ISLAW not applicable to:
1. Convicted of a crime with penalty of
death or life imprisonment; also
reclusion perpetua;
2. Convicted of a crime with penalty less
than 1-year imprisonment;
3. Habitual delinquents or recidivist;
4. Evaded service of sentence;
RULE:
SAMPLE: Homicide – Reclusion Temporal
If there’s GMC:
Max: RT minimum period
Min: PM in any of its period
If there’s PMC and GMC:
- Maximum period is one degree lower
than prescribed for PMC (from RT to
PM); and since there is GMC penalty is
in the minimum period of the degree
(PM in its minimum period)
- Minimum is one degree lower than the
maximum in any of its period;
Max: Prision Mayor in its minimum period;
Min: Prision Correctional in any ot its period;
If there’s 3 GMC:
- Maximum is one degree lower than the
prescribed penalty (RT to PM); two
GMC is considered one PMC; provided
there is no Aggravating Circumstances;
the third GMC will make penalty in its
minimum period;
PROBATION LAW
- Not a special penal law;
- Persons convicted for imprisonment
may be allowed to serve the sentence
outside the penal institution;
Probation Law not applicable to:
1. If the penalty is more than 6 years;
2. Availed only once;
3. Previously convicted with penalty more
than 6 months or a fine of more than
1,000 pesos;
4. If there is perfection of appeal;
Period to file: within the period to appeal;
NOTE:
- Once the accused have filed for
probation, any notice of appeal filed
after that should be dismissed;
- Filing for probation is a waiver of right to
file an appeal;
Q: Penalty is 4 years and appealed it; in the
appeal the penalty was downgraded to 4
months; can the accused file now
probation?
A: No, having appealed already he has already
waived his right to probation;
Q: Penalty is 4 years to 8 years for A, B, and C
for crime of Homicide; A appealed the decision,
B and C did not appeal and started serving
sentence;
Then penalty was modified by CA to 4 months
to 4 years; A went back to RTC and filed for
probation; decide?
A: Grant the probation because if an accused
has appealed a decision wherein he has to
suffer a non-probationable penalty; he may still
be granted probation if the penalty has been
downgraded to a probationable penalty;
Q: same problem above; the decision was
appealed to SC; the penalty is downgraded
further to 2 months; grant probation?
A: No, since the penalty in the CA is already a
probationable penalty; having appealed it to
SC, he waives his right to probation thereof;
Q: If after CA decision, B and C files for
probation, decide?
A: Probation should be granted; if there are
several defendants; some appealed and some
did not; those who did not appeal may still
benefit from decision of the appeal as long as it
is favorable to them;
NOTE: An order granting or denying
application for probation is unappealable;
Q: if penalty is fine, can he apply for probation?
A: Yes, in case of subsidiary imprisonment
over the fine;
NOTE: Grant of probation is revocable;
Period:
1. Penalty is not more than 1 year – not
less than 2 years
2. Penalty is more than 1 year but not to
exceed 6 years – not less than 6 years
of probation
EXTINGUISHMENT OF CRIMINAL LIABILITY
Types:
- Total extinguishment
- Partial extinguishment
Extinguishment of criminal action vs.
Extinguishment of criminal liability
for - Extinguishment of criminal action is the
loss of the right to prosecute the action;
- Extinguishment of criminal liability is the
loss of right to make the offender liable;
TOTAL EXTINGUISHMENT
1. Death;
2. Service of sentence;
3. Prescription of offense;
4. Prescription of penalty;
5. Absolute pardon;
6. Amnesty;
7. Marriage to offender;
Death (on civil liability)
- Civil liability is extinguished if he dies
before judgment becomes final provided
that the civil liability is based on delict;
- If he dies after judgment becomes final
only his criminal liability shall be
extinguished; the civil liability from delict
survives his death;
- But if the civil liability is from other
sources aside from delict; it always
survives;
Prescription of crimes – loss of right to
prosecute the crime;
Period of prescription starts to run from
discovery of the offense by:
1. Offended party;
2. Persons in authority;
Prescription of penalties – loss of right to
implement penalty;
- Offender has been convicted with final
judgment
- He has started serving sentence; and
the convict has escaped or evaded
sentence;
- Upon evading the prescription period
starts to run;
- If the convicted escaped to another
country with PH having no extradition
treaty to such country, then the period is
interrupted;
- If convict keeps on escaping and then
re-captured multiple times; time he was
not in prison will be accumulated in
computing prescription of penalties;
Pardon
- Offender has been convicted with
finality;
- Solely granted by the Chief Executive;
- Not granted in:
1. Impeachment cases;
 2. Election offenses unless there is
recommendation from COMELEC;
3. Civil contempt cases;
- Absolute pardon is irrevocable and
consent of grantee is immaterial;
conditional pardon is revocable and
consent of grantee is required;
- Pardon looks forward; only affects the
punishment of the crime but the offender
remains to have a convicted judgment
against him;
- Political and civil rights of the convict is
restored only if there’s express
stipulation thereof;
Amnesty
- Needs ratification from Congress;
- Offender may not have yet been
convicted by final judgment;
- Granted only to political offenders for
political crimes;
- Amnesty puts into oblivion the acts of
the offender as if he has not done any
crime at all; he stands before the law as
a clean man;
- This is public act;
- Political and civil rights of the convict is
restored;
Marriage between the offended party and the
offender
- Only in the following crimes:
1. Acts of lasciviousness;
2. Qualified seduction;
3. Simple seduction;
4. Forcible abduction;
5. Rape;
- These are private crimes and crimes
against chastity; except Rape as crime
against person;
Q: A, B, C, D convicted for acts of
lasciviousness; A married the offended
party; what happens to the conviction of A,
B, C, and D?
A: All shall be released. The extinguishment
of A’s liability will also extinguish the liability
to B, C and D;
Q: A, B, C, D convicted for rape; A married
the offended party; what happens to the
conviction of A, B, C, and D?
A: Only A shall be released; the
extinguishment of A’s liability will not affect
the liability of B, C, and D;
PARTIAL EXTINGUISHMENT
1. Conditional Pardon
2. Commutation of sentence
3. Parole
4. Probation
5. Good conduct time allowances
6. Special time allowance for loyalty
Commutation of Sentence – involves reduction
of penalty by the Chief Executive;
Special time allowance for loyalty
- Prisoner escaped during a calamity or
natural catastrophe;
- If he returns within 48 hours from the
time the calamity has been declared to
be gone, the prisoner shall be entitled to
penalty reduction;
- reduction is 1/5 of his original penalty
- If the prisoner did not escape at all
during said natural calamity is entitled to
reduction of 2/5 of his original sentence;
- Prisoner fails to return within 48 hours
his sentence shall be increased by 1/5
but should not exceed 6 months;
Parole
- DOJ grants this;
- Applicable to those who has served the
minimum period of their sentence;
- This is not a right of a prisoner; he must
show that he is entitled to it;
SPECIAL PENAL LAWS
ANTI- CARNAPPING LAW
- Unlawfully taking of motor vehicle;
- With force, violence or intimidation;
- With intent to gain; does not necessarily
mean pecuniary benefit;
- Without consent of the owner;
- But this has not removed theft or
robbery of motor vehicle under RPC;
- All forms of car napping are non-
bailable;
Carnapping with homicide
- All homicide and rape committed is
absorbed herein;
BOUNCING CHECKS LAW (BP 22)
- Issues a check and such has been
dishonored due to the fact that it was
drawn against a closed account or
drawn against insufficient funds;
- A person can be liable for both BP 22
and estafa under RPC;
BP 22 vs. Estafa
- BP 22 is a malum prohibitum; Estafa is a
malum in se;
- Lack of intent is not a defense in BP 22;
lack of intent is a defense in estafa;
- In both, the check is issued for payment
of obligation;
- In estafa the gravamen is deceit or
fraud; in BP 22 the gravamen is the
mere issuance of the check with
insufficient funds;
- Demand is important in both crimes;
Elements of BP 22:
1. Must have issued a check that was
dishonored due to insufficient funds;
2. That the offender knew that the account
which the check was drawn was not
funded or insufficient;
- If the accused was notified of the
dishonoring and he was advised to
settle the account within 5 days and he
failed, then the second element here is
presumed;
- Hence if there is no demand to the
accused to settle the account the action
may be dismissed due to failure to prove
the second element;
3. Payee must have presented the check
within 90 days from its issuance;
Defenses
1. There’s no demand letter to settle the
account;
2. Payment is defense; must be made
before filing of information in court;
PLUNDER (ACT 7080)
Elements:
1. Offender is a public officer;
2. Amass wealth worth exceeding 50
Million through series of overt acts
stated in the act;
- Malversation;
- Conversion;
- Misappropriation;
- Misuse of public funds;
- Raids in public treasury
3. If committed by several accused; the
most guilty must be a public officer;
ARSON LAW (RA 7659)
- Reintroduced arson as a crime under
the RPC;
- Arson is the destruction of property by
means of fire; personal property may be
included in Arson if it imperils the life or
property of other persons;
- There is now conspiracy to commit
arson;
Special Aggravating:
- Motivated by hate or spite;
- With intent to gain;
- For benefit of another;
Q: A sets the house of B on fire with intent to
kill those inside, and B, C, D died thereof, what
crime?
A: Guilty of multiple murder;
Q: A sets the house of B on fire with intent to
just destroy it, no intent to kill, but B, C, D died
inside, what crime?
A: The crime is arson. If persons are killed in
occasion of arson, all killings will be deemed
absorbed.
NOTE: the burned property will be escheated
to the government; but the owner may get it
back if he or she proves that he/she did not
participate with the arson or he has no
knowledge of the plan to burn the same;
Q: A planted a bomb in the basement of
building to kill B, the building was destroyed
and B died, what crime?
A: Crime is murder qualified by explosion or
means used that caused great ruin;
Q: A planted a bomb in the basement of
building just to destroy the building, no
intention to kill, the building was destroyed and
B and C died, what crime?
A: Guilty of destruction with multiple homicide;
an ordinary complex crime;
RAPE LAW
Rape by Sexual Intercourse
Carnal knowledge by a man against the will of
a woman thru:
a) By Violence, force or intimidation;
b) By depriving consciousness;
c) By fraudulent machinations or abuse of
authority;
d) If the victim is below 12 years old
(statutory rape);
There must be penis insertion; if no penis
insertion it may be attempted rape; or acts of
lasciviousness if there is no intent to have
carnal knowledge;
Rape by Sexual Assault
- Insertion of any object in the mouth or
anus of the victim;
- Victim may be a man or woman under
this kind of rape;
ANTI-CHILD ABUSE LAW (RA 7610)
- Victim must be a child; minor or even if
above 18 years but cannot protect
himself from exploitation;
- Punishable acts include acts of sexual
intercourse with a child for prostitution or
other sexual abuse;
- For a person to be held liable under the
law, must prove the intent to debase the
value and dignity of the child;
- If the acts were committed in spur of the
moment; cannot be made liable under
the child abuse law; since intent to
debase the value and dignity of the child
is none existent;
VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN LAW (RA 9262)
- The victim must be the accused’s wife or
ex-wife, live-in partner, girlfriend or ex-
girlfriend, or any one the offender has
previous dating relationship with;
- Offender may be a man or woman;
covers lesbian relationships;
Battered Woman Syndrome
- May be equated as self-defense even if
there is no unlawful aggression on the
part of the victim;
- Exempts both criminal and civil liability;
Stalking
- May be treated as psychological
violence under VAWC;
Punishable Acts under VAWC:
a.) Failure or refusal to give support; provided
the victim/s must have suffered mental or
emotional anguish due to the refusal;
b.) Marital infidelity; provided the infidelity
caused the wife/partner mental or emotional
suffering;
ANTI TORTURE LAW
- Torture shall not be absorbed by any
other crime; it is an independent crime;
- Ex: by acts of torture the victim died; the
crimes are separate crime of torture and
homicide/murder; no absorption or
complexing;
ANTI HAZING LAW
- Mere presence of a person in an
initiation rite that is not allowed by law is
prima facie evidence that such person is
a principal; unless he can prove that he
tried to prevent the commission of
hazing in such rite;
AN ACT PROVIDING FOR A
COMPREHENSIVE LAW ON FIREARMS AND
AMMUNITION AND PROVIDING PENALTIES
FOR VIOLATIONS THEREOF (RA 10591)
- Explosives are not included;
Punishable acts:
a.) Sale or possession of unlicensed
firearms;
b.) If licensed firearm but had no permit to
carry;
c.) The use of an imitation firearm; if the
offender uses it in a commission of a
crime;
NOTE: intent to possess is required;
ANTI PHOTO AND VOYEURISM ACT (RA
9995)
- Use of devices or gadgets to commit
voyeurism;
Punishable acts:
a.) Taking photos or record on video the sexual
activity of a person; as long as there is
reasonable expectation privacy and no
consent from such party;
b.) Even if there is consent still liable for
reproduction of such video or photos;
c.) Videos and photographs obtained thru this
crime is not admissible as evidence; except
only for peace officer to use as evidence in
the prosecution in violation of this law (Act
9995);
COMPREHENSIVE DANGEROUS DRUGS
LAW OF 2002 (RA 9165)
- This is a mala prohibita;
Punishable acts:
a.) Sale, delivery, transportation or
manufacture of drugs;
b.) Use or possession of drugs;
c.) Use or possession of drug paraphernalia;
d.) Mere conspiracy to commit such acts is
punishable;
e.) Maintaining a drug den;
f.) Implanting of drugs as evidence to
incriminate a person;
SALE OF DRUGS:
- Prove the identity of the buyer and
seller;
- Prove the act of sale and delivery;
- Prove that there is a consideration
thereof;
POSSESSION OF DRUGS:
- Covers actual and constructive
possession;
- Intent to possess must be proven;
USE OF DRUGS:
- First use; penalty is rehabilitation and
community service;
- 2nd time or oftener: penalty now is 6
years – 12 years;
NOTE: Penalty will depend on the weight of
drugs confiscated from the accused;
PLEA BARGAINING ON DRUGS CASES
Estipona vs. Lobrigo (2017)
Plea bargaining in drugs cases are now
allowed under the rules;
Plea bargaining may be made on:
- if the weight of the drugs is not more
than 1kg;
- possession of drug paraphernalia;
NOTE:
- if a police officer instigates a person in
to violating RA 9165; accused is not
liable; the officer is liable;
CHAIN OF CUSTODY RULE*
- this is the duly recorded movement of
the drugs ceased from the accused;
- from the moment it was confiscated from
the accused up until it is presented in
court and for its destruction later on;
- mere doubt that the chain of custody
was not properly followed; case will be
dismissed;
Procedure (for strict compliance):
1. the drugs must be photographed;
2. there must be an inventory;
3. must be marked;
4. Photograph, inventory and marking must
be made in the place where the accused
was arrested if practicable; if not
practicable then in the nearest police
station;
5. Photograph, inventory and marking must
be made in the presence of witnesses; 2
witness includes:
 Local elective official
 Representative from DOJ or
Media
- Barangay tanod is not an elective
official; his presence is not what the law
requires;
- Minor lapses in the compliance of these
procedures may not dismiss the case;
as long as the lapses can be reasonably
excused;
Maximum penalty for violation of RA 9165 is
life imprisonment;
Q: If the accused who is between 15 – 18
years of age is caught selling drugs, and he
acted with discernment? What is his penalty?
A: The penalty under the law will become
Reclusion Perpetua; and since he is a child he
will suffer penalty two degrees lower which is
Prision Mayor;
NOTE: Use of drugs or under the influence of
drugs is always an aggravating circumstance;
CRIMINAL LAW (BOOK 2)
CRIMES AGAINST PROPERTY (TITLE 10)
Robbery (Art 293)
Elements:
a. Intent to gain;
b. Unlawful taking;
c. Personal property belonging to another;
d. Violence against or intimidation of any
person or force upon anything;
Simple robbery – even if there is less serious
physical injuries or slight physical injuries
inflicted upon the offended party on occasion of
robbery;
Robbery with Homicide (Art 294)
- The robbery is the main purpose and the
objective and the killing is merely
incidental to the robbery;
- Homicide is used in its generic sense;
includes parricide, infanticide and
murder;
- Liable as principal if one did not prevent
the commission of the homicide;
Robbery with rape (Art 294)
 - Enough that robbery is accompanied by
rape;
- If rape was the primary objective and the
taking was not for gain but to have a
token for his crime, then the crimes are
separate crimes of rape and unjust
vexation;
- No robbery with attempted rape;
Robbery by a Band (Art 296)
- Robbery effected by more than 3 armed
malefactors;
- By a band is only a generic aggravating
circumstances;
Theft (Art 308)
Elements:
1. Taking of personal property;
2. Said property belongs to another;
3. Without consent of owner;
4. With intent to gain;
5. Taking be accomplished without use of
violence against or intimidation of
persons or force upon things;
NOTE: the act of the person taking possession
of vehicle for joy ride without consent is theft;
intent to gain is satisfaction or pleasure gained;
(Villacorta vs. Insurance Commission; Oct
1980);
People vs. Meharies (Jan 2018; J. Leonen)
The SC has been consistent in holding
that “intent to gain” is an internal act that is
presumed from the unlawful taking by the
offender of the thing subject of asportation.
Thus, actual gain is irrelevant as the important
consideration is the intent to gain.
Qualified Theft
Elements:
1. Taking of personal property;
2. Said property belongs to another;
3. Without consent of owner;
4. With intent to gain;
5. Taking be accomplished without use of
violence against or intimidation of
persons or force upon things;
6. Abuse of confidence or the property was
taken under certain circumstances;
Kinds of Qualified Theft
- Those committed by domestic servant;
- Those committed by motor vehicle, mail
matter or large cattle;
- Those committed during earthquakes, or
other natural disasters;
Estafa (Art 315)
- Punishes different forms of criminal
deceit;
Estafa with abuse of confidence
1. Money, goods or personal property
received in trust, on commission or for
administration with duty to deliver or
return the same;
2. There is misappropriation or conversion
of such money or property or denial of
receipt thereof;
3. Such misappropriation or conversion is
to prejudice another;
4. There is demand made by the offended
party to the offender;
Note:
- The offender must have juridical
possession of the money or property;
Estafa by false pretenses
Elements:
1. There is a false pretense or fraudulent
representations as to offender’s power,
influence, or imaginary transactions;
2. Such false pretense was made prior to
or simultaneously with commission of
the fraud;
3. That the offended party relied on the
false pretense or fraudulent act and was
induced to part with his money or
property;
4. As a result, offended party suffered
damage;
Actionable fraud – when the accused has
knowledge that the venture proposed would not
reasonably yield the promised results, and yet
despite such knowledge, deliberately continues
with the misrepresentation;
Estafa by postdating a check or issuing a
check in payment of obligation
Elements:
1. Offender postdated a check, or issued a
check in a payment of an obligation;
2. Such postdating or issuing a check was
done when the offender had no funds, or
his funds were insufficient;
3. Check must be postdated or issued in
payment if an obligation contracted at
the time of the issuance and delivery of
check; it should not be issued for
payment of pre-existing obligation;
BP 22 (Anti-Bouncing Checks Law)
Who is liable?
- The one who makes or draws the check;
the maker or drawer; negotiator is not
included;
- Payee if he conspired with the maker or
drawer;
Requisites for conviction
1. Making, or drawing of any check to
apply for account or for value;
2. Knowledge of the maker, drawer, or
issuer that at the time he issued it he
does not have sufficient funds;
3. Subsequent dishonor of the check by
drawee bank for insufficiency of funds or
credit or dishonor of the check by
drawee bank for insufficiency of funds;
4. After dishonor, there is notice to the
issuer or drawer to settle the account for
within 5 days; and he failed to do so;
NOTE:
1. If the check was issued prior to the order
of suspension by SEC to the bank, the
case for BP 22 can proceed;
2. If the check was issued after the order of
suspension by SEC to the bank, the
case for BP 22 cannot proceed until the
lifting of the order;
3. Novation is not a valid defense in BP 22;
ARSON
Elements:
1. Offender destroyed a property;
2. Act was done with deliberate intent;
3. Destruction was made by use of fire;
NOTE:
a. Main objective is burning but death
results – crime is arson only;
b. Main objective is to kill and fire was
used to commit the killing – crime is
murder only;
c. Main objective is killing, and used fire to
conceal the body or cover up the killing
– then there are two separate crimes of
homicide/murder and arson
Malicious Mischief (Art 327)
Elements:
1. Offender deliberately caused damage to
property of another;
2. Such act does not constitute arson or
other crimes involving destruction;
3. Act of damaging be committed merely
for sake of damaging it;
Exemptions from Criminal Liability under
crimes against property
1. Spouses, ascendants, and descendants
or relatives by affinity;
2. Widowed spouse;
3. Brother and sisters if living together,
includes brother-in-laws and sister-in-
laws;
CRIMES AGAINST PERSONS
Parricide (Art 246)
Elements
1. Person is killed;
2. The accused killed the person;
3. Deceased is the father, mother or child,
whether legitimate or illegitimate or a
legitimate other descendant or
ascendant, or legitimate spouse of the
accused;
Death or Physical Injuries inflicted under
exceptional circumstances (Art 247)
Elements:
1. Legally married person surprises his
wife or daughter under 18 years and
living with him, in the act of committing
sexual intercourse with another person;
2. He or she kills any or both of them or
inflicts upon them any serious physical
injuries in the act or immediately
thereafter;
3. He or she has not promoted or
facilitated the prostitution of his wife or
daughter or he or she has not consented
to the infidelity of the spouse;
People vs. Abarca
- Not necessarily immediately thereafter
the act of sexual intercourse;
- As long as the killing is motivated by
blind impulse and not external factors
influenced the accused;
Murder (Art 248)
1. A person is killed;
2. Accused killed the person;
3. The killing is not parricide, infanticide or
homicide;
Qualifying circumstances:
1. Treachery; taking advantage of superior
strength, with aid of armed men;
2. Employing means to weaken the
defense or means to ensure impunity;
 3. In consideration of reward or promise;
4. By means of inundation, fire, poison,
explosion, shipwreck, by means of
motor vehicles or with use of any other
means involving great waste and ruin;
5. On occasion of calamities;
6. With evident pre-meditation;
7. With cruelty;
NOTE:
- There is always treachery in any assault
on a minor or killing of a minor child;
- There is treachery if the victim has just
woken up with no means to defend
himself’
- There is treachery if the victim was tied
up before he was killed;
Homicide (Art 249)
Elements
1. A person is killed;
2. Accused killed the person;
3. The killing was not attended by the
qualifying circumstances of murder, by
parricide or infanticide;
Death in tumultuous affray (Art 251)
Takes place when a quarrel occurs
among several persons and they engaged in a
confused and tumultuous manner, in the
course of which someone is killed or wounded
and the author of the killing cannot be
ascertained;
Infanticide (Art 255)
Elements
1. A child was killed;
2. Deceased was less than 3 days old in
age;
3. The accused killed the child;
Intentional Abortion
1. Pregnant woman;
2. There is violence exerted or drugs or
beverages administered or that the
accused otherwise acts upon such
pregnant woman;
3. As a result of violence or drugs upon
her, the fetus dies either inside the
womb or having expelled therefrom;
4. Abortion is intended;
Unintentional Abortion
1. Pregnant woman;
2. There is violence exerted without
intention of abortion;
3. Violence is intentionally exerted;
4. As a result of violence, the fetus dies;
Mutilation
Elements
1. Mutilation of organs necessary for
generation such as penis or ovarium;
2. Mutilation is caused purposely and
deliberately, that is, to deprive the
offended party part some of essential
organ for reproduction;
NOTE: other mutilation of other body parts is
also covered therein;
Serious Physical Injuries
1. When the injured party becomes insane,
imbecile, impotent or blind;
2. When the injured party losses power of
speech or hearing, or losses an eye,
hand, foot, or loss of earning capacity
permanently;
3. When injured party becomes deformed
or loss of body part or incapacitated to
perform work for period of more than 90
days;
4. When injured party becomes ill or
incapacitated from performing work for
between 30 – 90 days;
Less Serious Physical Injuries
1. Offended party is incapacitated for 10
days – 30 days
Slight Physical Injuries
1. Incapacitated the party from labor for 1 –
9 days;
2. Ill treatment of another by deed without
causing any injury (maltreatment);
Rape (Art 266-A)
Rape by sexual intercourse
By a man who has carnal knowledge
with a woman without her consent under the
following circumstances:
1. Through force, threat or intimidation;
2. When the offended party is deprived of
reason or is otherwise unconscious;
3. By means of fraudulent machinations or
grave abuse of authority;
4. When offended party is under 12 years
of age or is demented;
Rape by sexual assault
 By any person who, under the
circumstances mentioned above, shall commit
an act of sexual assault by inserting his penis
into another person’s mouth or anus, or any
instrument or object into the genital or anal
orifice of another person;
NOTE:
- Lack of resistance will not negate the
crime of rape especially if the accused is
a relative;
- Medico legal report is not an
indispensable element in the conviction
of crime of rape;
Rape with Homicide
- By reason of rape, the woman was
killed; or a person other than the rape
victim was killed;
- Homicide here is in its generic sense; it
absorbs murder or parricide;
CRIMES COMMITTED BY PUBLIC
OFFICERS (TITLE 7)
Dereliction of Duty (Art 208)
1. Offender is one who has duty to
prosecute;
2. Dereliction of the duties of his office;
knowing the commission of the crime he
does not cause its prosecution or
knowing the crime is about to be
committed he tolerates the same;
3. Offender acts with malice and deliberate
intent to favor the violator;
Direct Bribery (Art 210)
Elements
1. Offender is a public officer;
2. Accepts an offer or promise or gift;
3. Such offer or promise be accepted or
received:
- with view of committing a crime, or
- execution of an act which is not a crime
but is still unjust or
- refrain from doing something that is his
official duty;
4. Act agreed to be performed or not
performed by the public officer is
connected with his official duties;
Q: Is sexual favor can be considered as a
promise or offer for bribery?
A: Offer must constitute as a pecuniary benefit.
Indirect Bribery (Art 211)
Elements
1. Offender is a public official;
2. He accepts gifts offered;
3. Such gifts are offered by reason of his
office;
Qualified Bribery (Art 211-A)
Elements
1. Offender is public officer;
2. He refrains from arresting or prosecuting
the crime;
3. Crime committed is punishable by
reclusion perpetua or death;
4. Omission was in consideration of the gift
or promised received;
Corruption of public officials (Art 212)
Elements
1. Offender is the one who offered the
promise or gift to public officer;
2. The offers or promises are given to
public officers under circumstances that
will make the officer liable for direct or
indirect bribery;
Fraud against public treasury and similar
offenses (illegal exaction)
Punishes the act of public officer of
collecting:
a. Collecting different or larger sums;
b. Failing to issue a receipt;
c. Receiving different objects;
Malversation of public funds (Art 217)
Elements
1. Offender is a public officer;
2. Offender had custody or control of the
funds by virtue of his duties or position;
offender must be an accountable officer;
3. The funds or property were public;
4. He appropriated, took, misappropriated
or consented or through abandonment
or negligence; permitted another person
to take them;
Compared to estafa:
1. Property in estafa is private;
2. Personal appropriation is essential in
estafa;
3. Prior demand is necessary in estafa;
demand is not necessary in
malversation;
Technical Malversation (Art 220)
Elements
 1. Offender is a public officer;
2. There is public fund or property under
his administration;
3. Such public fund or property has been
appropriated by law or ordinance;
4. He applies the same to public use other
than that for which such fund or property
has been appropriated by law or
ordinance;
NOTE:
- Intent is not necessary; this is mala
prohibita;
- Misappropriation to another public use;
not personal use;
Refusal to give assistance (Art 233)
Elements
1. Offender is public officer;
2. Competent authority demands from the
offender that he lends his cooperation
towards the administration of justice or
other public service;
3. Offender fails to do so maliciously;
CRIMES AGAINST PUBLIC INTEREST (TITLE
4)
Forgery (Art 169)
Elements
1. Offender committed act of forgery on a
treasure or bank note or instrument
payable to bearer or order;
2. Act of forgery consists in giving these
documents the appearance of a true or
genuine document or by erasing,
substituting, counterfeiting or altering by
means the figures, letters, words or
signs contained therein;
Falsification by public officer, employee or
notary or ecclesiastical minister (Art 171)
Elements:
1. Offender is a public officer, employee, or
notary public;
2. Takes advantage of his official position;
3. He falsifies a documentary by
committing any of the acts of
falsification;
Falsification by private individuals
Elements:
1. Offender is private individual or public
officer or employee who does not abuse
his position;
2. He or she committed any act of
falsification in official or public
document;
- Criminal intent is required;
- Intention to cause prejudice must be
proven;
Usurpation of authority or official functions
(Art 177)
Elements:
1. Offender represents herself/himself as
officer or agent or representative of gov’t
or perform an act pertaining to person in
authority;
2. He or she has no authority to do so;
Using fictitious name and concealing true
name (Art 178)
Elements:
1. Offender uses name other than his real
name;
2. Purpose of the offender is to conceal a
crime or evade the execution of
judgment or cause damage;
Perjury (Art 183)
Elements:
1. Statement or affidavit upon a material
matter made under oath;
2. Before a competent officer authorized to
receive and administer such oath;
3. Willful and deliberate assertion of a
falsehood by offender;
4. That the sworn statement containing
falsity is required by law;
- The falsehood was made not in a
judicial proceeding;
Offering false testimony in evidence
Elements
1. Offender offered in evidence a false
witness or false testimony;
2. He knew the witness or testimony was
false;
3. Offer was made in a judicial or official
proceeding;
Incriminating innocent persons
Elements:
1. Offender performs an act;
2. By such act he directly incriminates or
imputes to an innocent person the
commission of a crime;
3. Such act does not constitute perjury;
- This is not considered as malicious
prosecution;
CRIMES AGAINST PERSONAL LIBERTY
AND SECURITY
Kidnapping and serious illegal detention
(Art 267)
Elements
1. Offender is private person;
2. Kidnaps or detains another or in manner
deprives the latter of his liberty;
3. Act of detention or kidnapping must be
illegal;
4. Under these circumstances:
- Detention lasts for more than 3 days;
- Committed simulating public authority;
- If there are serious physical injuries
inflicted upon the victim; or there had
been threats to kill;
- Person detained is a minor, female or
public officer;
Special complex crime
- When a person is killed during the
detention, regardless if intentional or
incidental, shall be punished under Art
267;
- Murder or homicide here is absorbed;
- Regardless of the number of rapes; the
crime will be only kidnapping with rape;
People vs. Concepcion (2018; J. Leonen)
- The SC considered the abduction of the
victim by the accused absorbed in the
crime of rape since it was restored in
order to commit the latter crime;
Slight illegal detention (Art 270)
Elements:
1. Offender is private individual;
2. He kidnaps or detains another or any
other manner deprives the latter his
liberty
3. Act of kidnapping or detention is illegal
4. Crime is committed without the
attendance of any circumstances under
Art 267;
Unlawful Arrest (Art 270)
Elements
1. Offender arrests or detains another
person;
2. The purpose is to deliver him to the
proper authorities;
3. Arrest or detention is not authorized by
law or there is no reasonable ground
thereof;
Abandonment of persons in danger and
abandonment of one’s own victim (Art 275)
Elements:
1. Place is not inhabited;
2. Accused found there a person wounded
or in danger of dying;
3. The accused can render assistance
without detriment to himself;
4. Accused fails to render assistance;
Qualified trespass to dwelling (Art 280)
Element
1. Offender is a private person;
2. He entered the dwelling of another;
3. Against the will of the latter;
2 modes:
- By entering against the owner’s will;
- By entering through use of violence;
Grave threats (Art 282)
Elements
1. Offender threatens another person with
infliction upon latter’s person, honor or
property or upon latter’s family of any
wrong;
2. Such wrong amounts to a crime;
3. There is demand for money or that any
other condition is imposed, even though
not unlawful;
4. The offender attains his purpose;
Light Threats (Art 283)
Elements
1. Offender makes a threat to commit a
wrong;
2. The wrong does not constitute a crime;
3. There is demand for money or that any
other condition is imposed, even though
not unlawful;
4. Offender has attained his purpose or
that he has not attained his purpose;
Other light threats (Art 285)
 a. By threatening another with a weapon,
or by drawing such weapon in a quarrel,
unless it be lawful self-defense;
b. By orally threatening another, in heat of
anger, with some harm not constituting a
crime, without persisting with the idea
involved in the threat;
c. By orally threatening to do another any
harm not constituting a felony;
Grave Coercions (Art 286)
Elements
1. Person prevented another from going
something not prohibited by law, or that
he be compelled to do something
against his will, be it right or wrong;
2. The prevention or compulsion be
effected by violence;
3. Person that restrained the victim had not
been authorized by law to do such;
Light coercions (Art 287)
Elements
1. Offender is a creditor;
2. He seizes property belonging to the
debtor;
3. Seizure is accompanied by means of
violence or intimidation;
4. Purpose of the offender is to apply the
same to payment of debt;
Unjust Vexation (Art 287; par 2)
Any human conduct which, although not
productive of some physical or material harm
would, however, unjustly annoy or vex innocent
person.
CRIMES AGAINST PUBLIC ORDER
Rebellion (Art 134)
Elements
1. Public uprising;
2. Taking of arms against the government;
3. Purpose of uprising is to overthrow the
government;
- Purpose is always political in character;
- Crimes committed in furtherance of
rebellion is absorbed therein;
Coup d’etat
Elements
1. Offenders are military officers or public
officers;
2. Swift attack accompanied by violence,
intimidation, threat, strategy or stealth;
3. Purpose is to destabilize the
government or diminish state power;
Conspiracy and proposal to commit
rebellion or insurrection (Art 136)
Elements
1. 2 or more persons come to an agreed to
rise publicly and take arms against the
gov’t;
2. The objectives are any of those mention
under Art 134;
3. Decided to commit rebellion without
carrying out any of its elements;
Inciting to rebellion or insurrection (Art 138)
Element
1. Offender does not take arms or is not in
open hostility against the gov’t;
2. He incites others to the execution of any
acts of the acts of rebellion;
3. Inciting is done by means of speeches,
proclamations, writings, emblems,
banners or other representations
tending to the same end;
Sedition (Art 139)
Elements
1. Offender rise publicly and tumultuously;
2. Employ force, intimidation or other
manners outside of legal methods;
3. Objective is to attain the any of the
following:
- Prevent promulgation or execution of
any law or holding of election;
- Prevent national or local government or
any public officer from freely exercising
his functions or executing administrative
orders;
- To inflict any act of hate or revenge
upon the person or property of any
public officer or employee;
- To commit for any political or social end
any act or hate or revenge against
private persons or any social class;
- To despoil for any political or social end,
any person, local or national gov’t of all
its properties or any part thereof;
Inciting to Sedition
Elements
1. Offender does not take part directly in
the crime of sedition;
2. He incites others to accomplishment of
any acts which constitutes sedition;
 3. Inciting is done by means of speeches,
proclamations, writings, emblems,
banners or other representations
tending to the same end;
Illegal Assemblies (Art 146)
Elements
1. There is a meeting or gathering of
persons whether fixed or moving;
2. Meeting is attended by armed persons;
3. Purpose of meeting is to commit any of
the crime punishable under the RPC;
4. Audience, whether armed or not, is
incited to commit treason, rebellion or
insurrection, sedition or direct assault;
Illegal Association (Art 147)
Elements
1. Offenders are organized association
2. Purpose of organization is to commit
any crime or any act that has unlawful
purpose;
Direct Assaults (Art 148)
Elements
1. Offender employs force or intimidation;
2. Aim of the offender is to attain any of the
purpose of the crime of rebellion or any
objects of sedition;
3. No public uprising;
- There must be a private offended party;
Indirect Assault
Elements
1. Person in authority or his agent is the
victim of any of the ways of committing
assault in Art 148;
2. A person comes to the aid of such
person in authority or his agent;
3. Offender uses force or intimidation upon
the person coming to the aid of said
authority;
Resistance and serious disobedience (Art
151)
Elements
1. Person in authority or his agent is
engaged in the performance of his duty
or gives lawful order;
2. The offender resists or serious disobeys
such person in authority or his agent;
3. The act of the offender is not included in
the provisions of Art 148, 149, and 150;
Alarms and Scandals (Art 155)
Elements
1. Offender performs an act or behave
disorderly in public; and
2. His act tends to cause public alarm and
scandal;
Acts punished
a. Discharge of firearms, rockets,
firecrackers in a public place that would
cause alarm or danger;
b. Instigating or taking an active part in any
charivari or other disorderly meeting
offensive to public peace;
c. Disturbing public peace while wandering
at night;
d. Causing any disturbance or scandal in
public places while intoxicated;
Delivering prisoners from jail (Art 156)
Elements
1. Person confined in jail or penal
institution;
2. Offender removes such person or helps
the escape of such person;
Other offenses related to prisoners
a. Delivering prisoners from jail
b. Evasion of service of sentence;
c. Quasi-recidivism;
d. Conniving with or consenting to evasion;
e. Evasion thru negligence;
f. Escape of prisoner under custody of
private person;
g. Maltreatment of persons
h. Abuse against chastity
CRIMES AGAINST OPIUM
RA 9165
Elements
1. Accused is in possession of drugs
identified to be prohibited or regulated
drug;
2. Such possession is unauthorized;
3. Accused freely and consciously
possessed said drug;
CRIME AGAINST FUNDAMENTAL LAWS OF
THE STATE
Arbitrary Detention (Art 124)
Elements
1. Offender is public officer;
2. Detains a person;
 3. Detention has no legal cause;
Delay in the Delivery of detained persons to
judicial authorities (Art 125)
Elements
1. Offender is public officer;
2. He detains a person for some legal
ground;
3. He fails to deliver such person to proper
authorities (judge) within:
- 12 hours for crimes or offenses
punishable by light penalties;
- 18 hours for crimes punishable by
correctional penalties;
- 36 hours for crimes punishable by
afflictive or capital penalties;
- The hours do not refer to work hours
only;
Delay in the release (Art 126)
Elements:
1. Offender is public officer;
2. There is a judicial or executive order for
release of prisoner or detainee;
3. Offender without good reason delays:
- The service of notice of such order to
the prisoner, or
- The performance of such judicial or
executive order for release of prisoner;
- The proceeding upon petition for release
of such person;
Expulsion (Art 127)
Elements
1. Offender is public officer;
2. He expels any person from PH or
compels person to change residence;
3. Offender is not authorized to do so;
Violation of Domicile (Art 128)
Elements
1. Offender is public officer;
2. He was not authorized by judicial
warrant;
3. He enters some domicile against the will
of the owner, or searches papers and
other effects therein without previous
consent or having entered he refuses to
leave upon being required to do so;
Search warrants maliciously obtain and
abuse in service of those legally obtained
(Art 129)
Elements
1. Offender is public officer;
2. He procures a search warrant;
3. There is no just cause; or
4. He exceeds his authority in executing a
legally procured search warrant;
CRIMES AGAINST RIGHT TO ASSEMBLY
AND RELIGIOUS FREEDOM
a. Prohibition, interruption and dissolution
of peaceful meetings (Art 131)
b. Interruption of religious worship (Art
132);
c. Offending religious feelings (Art 133);
CRIMES AGAINST NATIONAL SECURITY
AND LAWS OF NATION
Treason (Art 114)
Elements
1. Offender is a citizen or resident alien;
2. Offender owes allegiance, perpetual or
temporary, to the gov’t of PH;
3. Offender either:
- Levies war against the gov’t of PH;
- Adheres to its enemies by giving aid or
comfort;
Two witness rule – only applicable under
second act of treason; adheres to enemies by
giving aid or comfort;
Conspiracy and proposal to commit treason
(Art 115)
Elements:
1. Accused owes allegiance to the gov’t
2. They come to an agreement to commit
treason;
3. They decided to commit treason after
agreeing with one another to do so;
Misprision of Treason (Art 116)
Elements:
1. Offender owes allegiance to gov’t;
offender is not a foreigner;
2. Has knowledge of the conspiracy to
commit treason;
3. Conceals or fails to disclose the same to
authorities;
Espionage
First Form of Espionage
Elements
1. Offender enters any of the places
mentioned in the first form of espionage;
2. He has no authority to do so;
 3. Purpose is to obtain information. Plans,
other data of confidential nature relative
to the defense of the state;
Second Form of Espionage
Elements
1. Offender is a public officer;
2. He has in his possession articles, or
data referred in the first form by reason
of his position;
3. He discloses their contents to a
representative of a foreign nation;
Inciting to war or giving motives for
reprisals (Art 118)
Elements:
1. offender performs unlawful or
unauthorized acts;
2. such acts provoke or give occasion for
war or expose Filipinos from reprisals;
Violation of neutrality (Art 119)
Elements
1. there is war which PH is not part of;
2. there is a regulation issued by
competent authority for purpose of
enforcing neutrality;
3. offender violates the regulation;
Piracy (Art 122)
Elements
1. a vessel is on high seas;
2. offender are not members of its
complements or passengers of vessel;
3. offenders attack or seize that vessel, or
seize the whole or part of the cargo of
said vessel, its equipment or personal
belongings of its complements or
passengers;
Qualified Piracy (Art 123)
Qualifying circumstances
1. seizure of vessel by boarding or firing
upon the same;
2. abandonment of victims without means
of saving themselves; and
3. crime accompanied by murder,
homicide, physical injuries or rape;
CRIMES AGAINST HONOR
Libel
Elements
1. there must be imputation of a crime or a
vice or defect, real or imaginary or any
act, omission, condition, status or
circumstances;
2. the imputation must be made publicly;
3. imputation is malicious;
4. imputation is directed to a natural,
juridical or one who is dead;
5. imputation must tend to cause dishonor,
discredit or contempt of person
defamed;
Adultery (Art 333)
Elements
1. woman is married;
2. she had sexual intercourse with a man
not her husband;
3. the man who had sexual intercourse had
knowledge that the woman is married;
Concubinage (Art 335)
Elements
1. man is married;
2. committed any of the following acts:
- keeping a mistress in the conjugal
dwelling;
- having sexual intercourse in a
scandalous manner;
- cohabiting with the other woman
anywhere else;
3. the woman who had sexual infidelity
with the man must know him to be
married;
Acts of Lasciviousness (Art 336)
Elements
1. offender commits ant act of
lasciviousness or lewdness;
2. act of lasciviousness is committed
against person of either sex;
3. it is done under any of the
circumstances:
- by using force or intimidation;
- when offended party is deprived of
reason or unconscious;
- by means of fraudulent machination or
grave abuse of authority;
- when the offended party is under 12
years of age or is demented;
CRIMES AGAINST CIVIL STATUS
a. Bigamy (Art 349)
b. Marriage contracted against provisions
of law (Art 350)
 c. Performance of illegal marriage
ceremony (Art 352)
d. Simulation of births
CRIMES AGAINST PUBLIC MORALS
Grave Scandal
Elements
1. Act must be highly scandalous;
2. Publicly committed or within knowledge
or view of public;
3. Act must offend decency or good
customs;