 If notice or information is useful to the enemy
CRIMES AGAINST NATIONAL SECURITY AND LAW OF
NATION
1. Treason
 Committed in time of war only
 Citizen of the Philippines; Resident Alien; levying
war, giving aid and comfort; two witness rule, same
testimony to the same overt act; War time; doctrine
of absorption is applicable;
2. Proposal and conspiracy to commit treason
 Proposal: Citizen of the Philippines; Resident alien;
decided to commit treason and proposed its
execution to another person
 Conspiracy: Citizen of the Philippines; Resident
alien; agreed to commit treason and decided to
commit the act complained of. Collective
responsibility may apply.
3. Misprision of Treason
 Citizen of the Philippines; has knowledge of any
conspiracy; conceal or not disclose the same to 10. Anti-Piracy Law ( PD No. 532 )
proper authorities; there must be a crime of
conspiracy to commit treason and not the crime of
treason.
4. Espionage
 Committed in time of war or peace
 Any person ( Filipino Citizen and Alien ); Any
person; enters warship, military establishment, fort
or similar places; taking photograph, instruction,
plan, data which are confidential in nature.
 Public Officer; disclosing confidential military
information to a foreign agent; in the performance of
official function; in his possession by reason of his
office;
 If the act of disclosing the military and defense
information in adherence to enemy in the time war is
considered treason.
5. Inciting to war or giving motives for reprisal
 Any public officer or employee or any private
individual; unlawful or unauthorized acts, provokes
or gives occasion for a war involving or liable to
involve the Philippines or exposes Filipino citizens to
reprisals on their persons or property.
6. Violation of Neutrality
 Any person; there is war in which the Government is
not involved; violates any regulation issued by
competent authority for the purpose of enforcing
neutrality.
7. Correspondence with hostile country
 Any person; in time of war
 shall have a correspondence with an enemy country 11. Mutiny
or territory occupied by enemy troops;
 If the correspondence has been prohibited by the
Government;
 If the correspondence be carried on in ciphers or
conventional signs;
 If the offender intended to aid the enemy by giving
such notice or information.
8. Flight to enemy’s country
 Any person who owing allegiance to the
government;
 Attempts to flee or go to an enemy country when
prohibited by competent authority
9. Piracy
 Any person who is not member of the complement
of the vessel nor passenger;
 Attack or seize it the cargo, passenger’s belongings,
complements; with intent to gain
 On the high seas or Philippine waters
 Qualified Piracy is committed whenever the pirates
have seized the vessel by: boarding or firing up the
same; abandoning their victims without means of
saving themselves; accompanied by murder, rape,
homicide and rape or physical injuries.
 Any person including passenger or member of the
complement of the ship;
 Who attacks upon or seizes a vessel, or takes away
the whole or part of the vessel, cargo, personal
belongings of passengers and crews; with intent to
gain
 By means of violence and intimidations or force
upon things
 Philippine Waters
 Qualified Piracy is committed whenever the pirates
have seized the vessel by: boarding or firing up the
same; abandoning their victims without means of
saving themselves; accompanied by murder, rape,
homicide and rape or physical injuries
 Any person who knows, abets and aids or protects
person responsible for piracy shall be charged as an
accomplice of the principal offender; graduated by
one degree lower
 Even the vessel sailed outside Philippine waters; it is
universal crime or crime against the whole world;
 Piracy is a crime against the law of nations and as
such, it is exception to the rule on territoriality in
criminal law.
 Homicide or murder committed not by pirate but by a
passenger, who took advantage of the calamity
brought about by piracy, is subject to flag state rule.
The country where the vessel is registered shall
have the jurisdiction over the crime.
 Qualifying circumstances shall apply for both piracy
under RPC and PD 532; as a result or on the
occasion of piracy rape, murder, homicide, physical
injury is committed. Special complex crime
 Committed by a member of complement of a vessel
or passenger thereof;
 Unlawfully resists a superior officer or raise
commotion or disturbance on board a vessel against
 the authority of its commander on the high seas or in
Philippine waters.
 The criminal act is resisting the authorities in the
vessel
12. Anti-Hijacking Law ( RA 6235 )
 Philippine Aircraft and Foreign Aircraft
 Philippine Aircraft; any person who compels a
change in the course or destination of an aircraft; or
seizes or usurps the control while in flight.
 In flight is when all its external doors are closed
following embarkation until any of such doors is
opened for disembarkation.
 Intent to gain is not an element in hijacking.
 As a result or on the occasion of hijacking rape,
murder, homicide, physical injury qualified hijacking
is committed.
 Still in the tarmac, killing the pilot although there is
coercion upon the pilot to charge course; the crime
committed is murder
 Extraterritoriality principle under Article 2 of RPC;
Flag state rule; universality under International Law;
Hijacking is a universal crime
 Qualified hijacking 1. whenever he has fired upon
the pilot, member of the crew or passenger;
exploded or attempted to explode any bomb or
explosive to destroy the aircraft; accompanied by
rape, murder, homicide, physical injury.
 Foreign Aircraft; who compels the foreign aircraft to
land in Philippine territory or usurps or seizes the
control thereof within the said territory;
 Flight is not an element
 Territoriality is an element
13. Human Security Act of 2007 ( RA 9327 )
 Predicate crimes of terrorism ( made component of
much serious offense )
1. Piracy
2. Highway robbery
3. Hijacking
4. Rebellion
5. Coup d’etat
6. Murder
7. Kidnapping and serious illegal detention
8. Crimes involving destruction
9. Arson
10. Crimes involving unlicensed (loose) firearm
and explosives
11. Violation of Toxic and Hazardous ( Atomic
and Nuclear ) laws
 Creates a condition of widespread and extraordinary
fear and panic among populace in order to coerce
the government to give in to an unlawful demand.
 Conspiracy to commit terrorism is punishable since
the law has provided penalty for it.
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE
STATE
1. Detention without legal grounds
 One form of arbitrary detention
 Committed by any public officer or employee who
detains a person without legal grounds
 Arbitrary detention is not committed since the
accused did not commit the act in furtherance of
official function or in the pursuit of authority vested in
them. It is purely a private act.
 The act must be in pursuit of his duty to arrest such
as: to deliver the suspect to judicial authority; to
conduct criminal investigation; to determine if he
committed a crime
 Legal grounds; commission of a crime. violent
insanity; ailment requiring the compulsory
confinement
 Reasonable ground of suspicion is a defense of
public officer in arbitrary detention.
2. Delay in the delivery of detained person
 There is a legal ground to arrest or detain
 Failure to deliver the arrested or detained person to
proper judicial authority within the period of 12 hours
( light penalty ); 18 hours ( correctional penalty ); 36
hours for afflictive penalty or capital punishment
 Traffic violation is not a crime per se since the
penalty is not arrest but fine only
 Delivery is the making of an accusation or charge or
filing of an information against him with the
corresponding court
 Judicial authorities mean the courts vested with
judicial power to order the temporary detention or
confinement of a person charged with having
committed a public offense; fiscal is not a judicial
authority within the purview of Article 125.
3. Delaying Release
 Committed by any public officer who delays the
performance of any judicial or executive order for the
release of a prisoner or detention prisoner;
 Unduly delays the service of the notice of such order
to said prisoner or the proceeding upon any petition
for the liberation of such person.
4. Expulsion
 Committed by any public officer who expels any
person from the Philippines
 Compels him to charge his residence without being
authorized by law
5. Violation of domicile
 Committed by any public officer
 Without being authorized by judicial order
 Enters any dwelling against the will of the owner
thereof
 Searches papers or other effects found therein
without previous consent of such owner
 Surreptitiously enters it, and refuses to leave after
being required to do so.
 Violation of right to be secured of in his house,
papers and effects against unreasonable search.
 Private individual who conspires or participate with
such public officer is also liable for this crime. The
act of public officer is imputable to such private
 individual although they are not similarly situated in
relation to the object of the crime.
 Silence or failure to object is not tantamount to
consent to search the house or waiver of right
against unreasonable search.
6. Obtaining and serving search warrant
 Committed by public officer by maliciously obtaining
search warrants or procuring a search warrant
without just cause.
 The true test of just cause is whether the affidavit
filed in support of the application for search warrant
has been drawn in such a manner that perjury could
be charged thereon.
 Abuse in the service of search warrants legally
obtained is committed by exceeding his authority or
use unnecessary severity in executing a search
warrant although legally procured
 A public officer may commit violation of domicile
although he is provided with search warrant in cases
of abuse in the service of search or searching
domicile without witnesses.
CRIME AGAINST PUBLIC ORDER
1. Rebellion or insurrection
 committed by multitude of persons who rise publicly
and take arms against the government
 Removing the territory of the Philippines or part
thereof or its armed forces from the allegiance to
said government or its laws
 Depriving the Chief Executive or the legislature of
any of their powers or prerogatives or part thereof.
 Doctrine of Absorption is applicable such as using
loose firearms, killing soldiers, burning military
camps, demanding revolutionary taxes from the
people. etc. Crimes committed in furtherance of
rebellion are deemed absorbed in one single crime
of rebellion.
 It suffices that a portion of the contingent gathered 6. Inciting to sedition
and formed a mass or crowd and engaged in an
armed public uprising against the government.
 Variance rule and double jeopardy may apply. When
the crime charged is terrorism but the court only
found the crime to be rebellion, the person will
convicted with the crime of rebellion which is
necessarily included in the crime of terrorism.
 Conviction or acquittal of the accused or the
dismissal of the case for terrorism shall be a bar to
another prosecution for a predicate crime
( rebellion ) which is necessarily included in the constituted authorities which tend to
charge of terrorism.
2. Coup d’etat
 committed by a military, police or public officer, with
or without support or participation of civilians, who
swiftly and singly or simultaneously attacks by
means of violence, intimidation, threat, strategy or
stealth, the duly constituted authorities of the
Philippines or facilities needed for the exercise and
continued possession of power such as military
camp or installation, communication networks for the
purpose of seizing or diminishing state power.
 Doctrine of absorption is applicable for being a
political crime because the purpose of the coup
plotters is to seize or diminish state power.
3. Sedition
 committed by any person who rise publicly and
tumultuously through violence, intimidation, force
and by other means outside legal methods in order
to
 Prevent the promulgation or execution of law,
execution of any administrative order
or holding of any popular election, free exercise of
functions of any public officer or the government.
 Inflict any act of hate or revenge against private
persons or any social class for any political or social
end or upon the person or property of any public
officer
 Despoil any person, or government of its property for
any political or social end.
 Doctrine of absorption is not applicable. The person
charged of sedition can be charged with other crime
as well.
4. Conspiracy to commit sedition
 Committed by two or more person who comes to an
agreement commit the crime of sedition and decided
to commit it.
5. Inciting to rebellion
 Committed by any person who, without taking arms
or being in open hostility against the government ( or
without taking a direct part in rebellion ), incites
others to commit rebellion or insurrection by means
of speeches, proclamations, writings, emblems,
banners or other representations tending to the
same end.
 Committed by any person who, without taking arms
or being in open hostility against the government ( or
without taking a direct part in sedition ), incites
others to commit rebellion or insurrection by means
of speeches, proclamations, writings, emblems,
banners to other representations tending to the
same end.
 Uttering seditious words or speeches or writing,
publishing or circulating scurrilous
libels against the Government or any duly
disturb, instigate,
incite, stir up and knowingly conceal such evil practices.
 To be responsible for the crime of inciting to
sedition, the malefactor must incite other to commit
the crime of sedition by rising publicly and
tumultuously against the government or private
person to achieve any ends of sedition.
 Clear and present danger test; to prohibit, interrupt
or dissolve peaceful meeting
 Dangerous or seditious test; to prohibit the
utterance, speeches or writing seditious articles.
  The person being incited can also be held liable for
inciting to sedition if during the investigation they
conceal this crime to authorities.
7. Unlawful utterance
 Committed by any person who encourages
disobedience to the law or to the constituted
authorities, or praises, justifies or extols any act
punished by law by words, utterances or speeches.
 Inciting to commit a crime is unlawful utterance
provided that the act is not constitutive of the crime
of inciting to rebellion or inciting to sedition.
8. Laws on Loose Firearm RA 10591
 Also known as illegal possession of loose firearm
 Loose firearm refers to an unregistered firearm, an
obliterated or altered firearm, firearm which has
been lost or stolen, illegally manufactured firearms, 10. Proposal or conspiracy to commit rebellion or coup d’etat
registered firearms in the possession of a person
other than the licensee and those with revoked
licenses in accordance with the rules and
regulations, using imitation firearm used in the
commission shall be considered a real firearm.
 Both unlawful acquisition and possession of loose
firearms and ammunition.
 Ownership is not an essential element of illegal
possession of firearms an ammunition. What the law 11. Disloyalty of Public Officer
requires is merely possession, physical or
constructive or subjection the thing from one’s
control and management.
 Carrying registered firearm outside his residence
without any legal authority therefore is also
punishable under the law.
 Unlawfully manufacture; possession of machinery, 12. Illegal Assemblies
tool or instrument used directly
 Covered by law are those laborer, worker or
employee of licensed firearms dealer who shall
unlawfully take, sell or other dispose of parts.
 Buyer and possessor of such stolen part or materials
stolen, shall suffer the same penalty as the laborer,
worker or employee.
 Engaging or participating in arms smuggling is also
prohibited.
 Tampered firearm is considered as a loose firearm;
hence, possessing thereof is a crime.
 The accused can be prosecuted for possession of
loose firearm and possession of dangerous drugs
since the latter can be committed without using the 13. Illegal Association
loose firearm.
 May be used as special aggravating circumstance or
qualifying circumstance in the crime of robbery,
homicide or murder requiring the imposition of
graver penalty.
 As predicate crime in the crime of terrorism, hence it
is absorbed by the latter.
 In sedition, using of loose firearm shall be 14. Interruption, Prohibition or dissolution of peaceful
considered as modifying circumstance or separate meeting
crime since in sedition there is no armed uprising but
merely public and tumultuous uprising.
9. Laws on Explosives
 Committed by any person who shall willfully and
unlawfully manufacture, assemble, deal in, acquire,
dispose, import or possess any explosive or
incendiary device, with knowledge of its existence
and its explosive or incendiary character.
 Mere possession of any explosive or incendiary
device shall be prima facie evidence that the person
had knowledge of the existence and the explosive or
incendiary character of the device.
 Animus possidendi; A temporary, incidental, casual,
harmless, or transient possession of explosive
negates animus possidendi.
 Separate crime of illegal possession of explosive
qualified by the circumstance of commission of other
crime.
 Absorbed in the crime of rebellion; separate crime
 Proposal to commit rebellion is committed by any
person who has decided to commit it an proposed
the execution of same to other person or persons.
 Conspiracy to commit rebellion is committed by two
or more persons who come to an agreement to
commit the crime of rebellion or coup d’etat and
have decided to commit the crime of rebellion.
 Committed by public officers who fail to resist a
rebellion by all means in their power, or continue or
discharge the duties of their offices under the control
of the rebels or accept appointment to office under
them.
 Committed by organizers or leaders of and person
present at, a meeting attended by armed persons for
the purpose of committing a felony
 In which the audience is incited to the commission of
treason, rebellion, sedition or direct assault.
 The word “meeting” shall be understood to include a
gathering or group whether in a fixed place or
moving.
 The audience to be liable of the crime, he must be
incited to commit rebellion, sedition or direct assault.
 Passive presence in the meeting will ot make them
liable for illegal assembly.
 Committed by officers and members of a corporation
for the purpose of committing a felony or for some
purpose contrary to public morals.
 No actual meeting is necessary;
 What is punished is the act of forming or organizing
and joining in the association.
 Committed by any public officer who, without legal
ground;
 Prohibits or interrupts the holding of a peaceful
meeting, or dissolves the same
  Hinders any person from joining any lawful
association or from attending any of its meetings; or
 Prohibits or hinders any person from addressing,
either alone or together with others, any petition to
the authorities for the correction of abuses or
redress of grievances.
 If a private individual interrupts or disturbs a 19. Direct Assault
peaceful meeting, the crime committed is
disturbance of public order under Article 153.
 If he is part of the meeting and he subsequently
interrupts or disturbs the meeting shall be liable for
unjust vexation or coercion.
15. Interruption of religious worship
 Committed by any public officer who prevents or
disturbs the ceremonies or manifestations of any
religion.
 If committed by private person, the crime committed
is unjust vexation.
16. Offending religious feelings
 Committed by any person who performs an act
notoriously offensive to the feelings of the faithful in
a place devoted to religious worship or during the
celebration of any religious ceremony.
 Private person can commit the crime against
religious worship by offending religious feeling.
 If the crime is committed in a place devoted to
religious worship, it is not necessary that religious
ceremony is being celebrated at the time of
commission thereof.
 The notoriously offensive act must be directed
against religious practice, dogma or ritual.
17. Alarm and Scandal
 It refers to an act constituting disturbance of public
order by;
 Any person who discharges firearms, rocket,
firecracker, or other explosives in a town or public
place calculated to cause alarm or danger;
 Any person who instigates or takes an active part in
any charivari or other disorderly meeting offensive to
another or prejudicial to public tranquility
 Any person who disturbs the public peace while
wandering about at night or while engaged in any
other nocturnal amusements; or
 Any person who, while intoxicated or otherwise,
cause any disturbance or scandal in public places.
 Alarm and scandal is an intentional felony. Hence, it
must be committed with criminal evil intent.
18. Disturbance of Public Order
 Committed by any person who causes any serious 20. Indirect Assault
disturbance in a public place, office or
establishment, or interrupts or disturbs public
performances, functions or gatherings or peaceful
meetings provided that the acts do not constitute the
crime of interruption of religious worship or
interruption, prohibition or dissolution of peaceful
meetings.
 Tumultuous disturbance is committed if the
disturbance or interruption of public order is of
tumultuous character caused by at least four
persons who are armed or provided with means of
violence.
 If the disturbance is slight, the crime committed is
alarm and scandal.
 Committed by any person who, without public
uprising, employs force or intimidation for the
attainment of purpose of rebellion or sedition.
 Committed by any person who shall attack, employ
force or seriously intimidate or resist a person in
authority or his agents, while engaged in the
performance of official duties or on occasion of such
performance.
 Direct assault is qualified when it is committed with a
weapon or when the offender is a public officer or
when the offender lays hands upon a person in
authority.
 Person in authority means that the such person is
vested with jurisdiction
 Teacher, professors, and supervisors of schools,
colleges and universities, and lawyers are also
person in authority. However, they are only persons
in authority for purposes of direct assault and
resistance.
 Under LGU Code, Punong Barangay, members of
sanguniang barangay, lupong tagapamayapa in their
jurisdictions are deemed persons in authority.
 Agents of a person in authority are those persons
whose function is for the preservation of law, peace
and order.
 Persons who are charges with the maintenance of
public order and the protection and security of life
and property by direct provision of law, election or
appointment by competent authority.
 Attacking a policeman while on his way to buy lotto
ticket and mayor, who was attack while delivering
his speech in his political rally is not considered to
be in the performance of their official duties or on the
occasion of such performance.
 Direct assault is committed even if the motive was
totally foreign to victim’s official function.
 The resistance must be intended to defy the law or
its representative at all hazard.
 Laying of hands, simple or serious, constitute
qualified direct assault.
 Serious intimidation constitutes qualified direct
assault.
 Direct Assault and serious physical injury is
considered a complex crime.
 Committed by any person who makes use of force
and intimidation upon a person coming to the aid of
an agent of a person in authority on occasion of the
commission of direct assault.
 Any person, who comes to the aid of persons in
authority is deemed to the agent of a person in
authority, as such any attack to the latter shall be
liable for direct assault.
21. Resistance
 Committed by any person who resists a person in
authority, or his agents, while engaged in the
performance of official duties provided that the act is 27. Evasion of Service of Sentence
not constitutive of direct assault.
 Resisting arrest without intent to defy the law and its
representative at all hazard is simple resistance.
22. Disobedience
 Committed by any person who disobeys a person in
authority, or his agent, while engaged in the
performance of official duties provided that the act
does not constitute direct assault.
 Simple resistance and disobedience cannot be
committed by reason of past performance of duty.
 Disobedience presupposes that the person in
authority or his agent is lawfully ordering the
accused to do something but the latter disobeys
such order.
 Resistance presupposes that the person in authority
or his agent is doing something in the performance
of his duty but the accused resisted it.
23. Disobedience to summons
 Committed by:
1. A person who refuses to obey summons to
attend as a witness before Congress or
Constitutional Commission or its committee 28. Delivery of Prisoners from Jail
without legal excuse;
2. A witness refuses to be sworn or placed
under affirmation or to answer any legal
inquiry or to produce any books, papers,
documents, or records in his possession,
when required by them to do so in the
exercise of their functions;
3. A person who restrains another from
attending as a witness, or induce
disobedience to a summons or refusal to be
sworn.
24. Preventing legislative meeting
 Committed by any person whose act is tending to
prevent the meeting of the legislative or 29. Infidelity in the custody of prisoners
constitutional bodies by use of force or fraud.
25. Disturbance of Legislative proceeding
 Committed by any person who disturbs the meeting
of Congress or its committee or in the presence of
such body behaves in a such manner as to interrupt
its proceeding or to impair the respect due to it.
26. Violation of Parliamentary Immunity
 Committed by any person who uses force,
intimidation, threats, or fraud to prevent any Senator,
Congressman, Constitutional Commissioner from
attending its meeting or from expressing his opinions
or casting his vote, or
 By any public officer who arrests a senator or
member of the House and Representatives in all
offenses punishable by not more than six years
imprisonment while the Congress is in session.
30. Escape of prisoner under custody of private person
 Parliamentary immunity shall extend in case of
search.
 Committed by any convict, who shall evade the
service of his sentence by reason of final judgment
while suffering deprivation of liberty by escaping in
case of imprisonment;
 By entering a prohibited place in case of destierro ;
 By returning to the Philippines in case of deportation
 A detention prisoner is not confined in the
penitentiary by reason of final judgment; he is only
temporarily detained pending the investigation or
trial against him or pending appeal; hence, he could
not commit evasion of service of sentence.
 Conviction pending appeal is not considered as
serving of sentence since the conviction is yet to
become final.
 Detention prisoner who uses force or intimidation
against the jail guard to escape shall be liable for
direct assault since serious intimidation is
considered defying a law or its representative at all
hazard.
 Continuing crime; he can be prosecuted for evasion
of service of sentence either in Muntinlupa or
wherever he may be apprehended except destierro.
 Committed by any person who removes from any jail
pr penal establishment any person ( detention
prisoner or convicted prisoner ) or helped the
escape of such person
 It is qualified if the same is committed by means of
violence, intimidation or bribery.
 Substitution is where the prisoner is being removed
and replace by another person; it is also constituted
the crime of delivery of prisoners from jail.
 Furnishing weapon is one mode of committing the
crime.
 It can be committed outside penal institution with
respect to detention prisoner.
 Committed by any public officer ( charged with the
custody and guarding of the prisoner ) who consents
to the escape of a prisoner sentenced by final
judgment or a detention prisoner in his custody or
charge, or allows such escape through his
negligence.
 If the jail guard is off-duty, he is liable for delivery of
prisoners from jail and not infidelity in the custody of
prisoner.
 Relaxation of imprisonment is considered
consenting to evasion or infidelity since it makes the
penalty ineffectual.
 The custodian is also liable for violation of RA 3019
since transferring prisoner from jail to his residence
is giving undue advantage, preference and benefit to
a private party though manifest partiality and evident
bad faith.
  Committed by private person whose custody of
prisoner or person under arrest has been confided
by means of consent or negligence.
31. Evasion on occasion of calamity
 Committed by a convict who, after leaving the penal
institution where he shall have been confided on 4. Falsification of document
occasion of calamity, evades the service of his
sentence by failing to give himself up to the
authorities within 48 hours following the issuance of
a proclamation by the Chief Executive announcing
the passing away of calamity.
32. Violation of conditional pardon
 Committed by a pardonee who violates the
conditions of pardon granted by the Chief Executive
such as committing the crime.
 If the unexpired portion of the penalty is higher than
6 years, the convict shall suffer , she shall suffer
such unexpired portion. If the unexpired portion of
the penalty is not higher than 6 years, the convict
shall then suffer penalty of prision correccional in its
minimum period.
CRIMES AGAINST PUBLIC INTEREST
1. Forgery of great seal, signature or stamp
 Committed by any person who forges the great seal
of the government or the signature or stamp of the
chief executive, or makes use of such forged seal,
signature or stamp.
2. Forgery and mutilation of coins
 Forgery or counterfeiting of coins is committed by
any person who makes or imports false coins; utters
such false coins with or without connivance with
counterfeiters or importers; or who possesses such
false coin with intent to utter the same but without
connivance with counterfeiters or importers.
 Mutilation of coins is committed by any person who
mutilates coins of the legal currency of the
Philippines; or imports, utters or possesses such
coin with intent to utter but without connivance with
mutilators or importers.
 In forgery, the forged coins include those of legal
currency of the Philippines, or foreign country. In
mutilation, the mutilated coins are confined to that of
legal currency of the Philippines.
3. Forgery involving bank notes, treasury notes or other
instruments
 Committed by any person:
 Who forges such instrument by giving it the
appearance of a true and genuine document or
erases, substitutes, counterfeits or alters it by any
means the figures, letters, words or signs contained
therein.
 Who imports such forged instrument
 Who utters it with or without connivance with forgers
or importers; or
 Who possesses with intent to use or utter it without
connivance with forgers or importers
 Possession of false treasury or bank notes alone,
without anything more, is not a criminal offense.
 “Intent to use” should be proven by the prosecution.
Mere intent to possess is short of what the law
required.
 Committed by:
 A public officer, or notary who, taking advantage of
his official position, falsifies a document;
 An ecclesiastical minister who falsifies document of
such character that its falsification may affect the
civil status of persons;
 A private individual who falsifies public or official
document, or commercial such as letter of
exchange; or
 Any person who falsifies private documents to the
damage of a third party, or with the intent to cause
such damage
 Public document is one authorized by law or
regulation or in which a public officer, notary public
or any person authorized to administer oaths
intervenes for purpose of authenticating the same
and not as party thereof.
 Official documents are those documents issued by a
public officer in the performance of his function, or
those documents in the execution of which public
officer takes part by virtue of his office or documents
which become part of the public record such as
petition for habeas corpus.
 Commercial documents are those documents used
by merchants or businessmen to promote or
facilitate trade or credit transactions such as
certificate of time deposit or documents defined and
regulated by commercial law
 Private document is a deed or an instrument
executed by a private person, by which something is
proved or evidenced.
 Acts of falsification
1. Counterfeiting or imitating any handwriting,
signature or rubric;
2. Causing it to appear that persons having
participated in any act or proceeding when
they did not in fact so participate;
3. Attributing to persons who have participated
in an act or proceeding statements other
than those in fact made by them;
4. Making untruthful statements in a narration
of facts; Falsification by omission
5. Altering true dates;
6. Making any alteration or intercalation in a
genuine document which changes its
meaning;
7. Issuing a document in an authenticated
form, which purporting to be a copy of an
original document, when no such original
exists; including in a authenticated form, a
statement contrary to, different from, that of
the genuine original;
8. Intercalating any instrument or note relative
to the issue thereof in a registry or official
book.

 Feigning is when there is no original signature,
handwriting or rubric but simulation of signature,
handwriting or rubric that does not exist. The
offender caused it to appear that complainant signed 9. Falsification of legislative document, messages and
a document, when in fact he did not do so.
5. Use of falsified document
 Committed by any person who, not being the author
of falsification, knowingly introduces a falsified
document contemplated in Article 171 or 172 in
evidence in any judicial proceeding, or uses it to the
damage of another or with the intent to cause such
damage.
1. That the offender knew that a document was
falsified by another person;
2. That the false document is embraced in the
Article 171 or 172 of RPC.
3. That he introduced said document in any
judicial proceedings or he used such
document that caused damaged or with
intent to cause damage.
 Based on presumption that one who will be
benefited of such falsification is presumed to be the
author of the crime.
6. Instrument for falsification
 Committed by any person who makes or introduces
into the Philippine stamp, dies, marks, or other
instruments or implements intended to be used in
the commission of the offenses of counterfeiting or
falsification.
 With intent of using them.
7, False testimony or perjury
 False testimony is committed by a witness who
gives false testimony under oath or solemn
affirmation in a criminal case against or in favor of
the accused, or in other case such as administrative
case; or by a person who commits perjury in a sworn
statement.
 Perjury is committed by an affiant who knowingly
makes untruthful statements upon any material
matter in an affidavit or a solemnly affirmed
statement before a competent person authorized to
administer an oath in cases in which the law so 11. Illegal use of uniforms or insignia
requires.
 One who maliciously prosecuted another can be
held liable for false testimony or perjury.
8. Offering false testimony in evidence
 Committed by any person who knowingly offers or 12. Usurpation of authority or official function
presents in evidence a false witness or testimony in
any judicial or official proceeding.
 A police officer, though force, intimidation or threat,
successfully forced the maker to affix his signature
in a sworn affidavit which was used as evidence by
the prosecuting attorney know fully well that the
same was a forgery in a criminal case. Here, the
accused-maker shall not be liable for perjury by
reason of exempting circumstance of irresistible
force while the police officer is guilty of perjury by
principal inducement while the prosecuting attorney
shall be liable for offering the false testimony in
evidence.
certificates
 Falsification of legislative documents is committed
by any person who alters any bill, resolution, or
ordinance enacted or approved or pending approval
by Congress, or Sangguniang Panlalawigan,
Panlungsod or Pambayan without proper authority
therfor.
 Falsification of messages is committed by an officer
or employee of a private corporation or government
engaged in the service of sending or receiving
message, who utters a fictitious message of any
system or falsifies the same.
 Using falsified message is committed by any person
who uses the said falsified message to the
prejudice of third party or with intent to cause such
prejudice
 Falsification of certificate is committed by:
1. A physician or surgeon or private person
who issues a false certificate in connection
with the practice of his profession
2. A public officer or private person who issues
a false certificate of merit of service, good
conduct or similar circumstances.
 Using false certificate is committed by any person,
who knowingly uses such false certificate.
10. Using fictitious name and concealing true name
 Committed by any person who publicly uses a
fictitious name for the purpose of concealing a
crime, evading the execution of a judgment or
causing damage.
 Concealing true name is committed by any person
who conceals his true name and other personal
circumstances.
 If the use of fictitious name or concealing true name
is committed to obstruct, impede, frustrate criminal
investigation and prosecution, the offender can be
prosecuted for obstruction of justice.
 Publicly means manifestly or ostensibly.
 Committed by any person who publicly and
improperly makes use of insignia, uniforms or dress
pertaining to an office not held by such person or to
a class of person of which he is not a member.
 Usurpation of authority is committed by any person
who knowingly and falsely represents himself to be a
public officer, or a foreign public officer. ( Person in
authority )
 Complex crime is committed when the person who
falsely represents himself as government employee
through falsifying official documents.
 Usurpation official function is committed by any
person who performs an act pertaining to a person
in authority, a public officer, or a foreign public
 officer under pretense of official position and without
being lawfully entitled to do so.
 Lawyer and teachers are person in authority for
purposes of applying the provisions of direct assault
and resistance. Thus, court appearance of a person
who is not admitted to practice law is not punishable
as usurpation of function of a person in authority.
13. Machination in Public Auctions
 Committed by any person by:
1. Who solicits gift or promise as a
consideration for refraining from taking part
in any public auction; or
2. Who attempts to cause bidders to stay away
from an auction by threats, gifts, promises or
any other artifice, with intent to cause the
reduction of the price of the things
auctioned.
14. Monopolies and combination
 Committed by any person who enters into an
agreement or takes part in any conspiracy or
combination in the form of a trust or otherwise to
restrain trade or commerce or to prevent by artificial
means, free competition in the market.
 Officers who knowingly participate and conspire with
other persons or failed to prevent the commission is
equally liable for the crime of combination or
monopplies.
15. Falsely marked merchandise made of precious metals
 Committed by any person who knowingly imports or
sells or disposes of merchandise made of precious
metals, or their alloys, with stamps, brands or marks,
which fail to indicate the actual fineness or quality
thereof.
 Altering the marks of the fineness of precious metal
and then selling it is estafa.
CRIMES RELATIVE TO OPIUM AND OTHER
PROHIBITED DRUGS
1. Violations of Section 4 and 5 of RA 9165 are committed
by:
 That the offender imports, or transports, delivers,
sells, trades, administers, dispenses, give aways to
another, distributes, dispatches in transit, dangerous
drugs, or acts as broker in such transactions;
 That this activity is not authorized by law, and
 The offender knows that what he is dealing with is a
dangerous drug.
 Animus possidendi in possession of dangerous
drugs presupposes knowledge that accused was
dealing with dangerous drugs.
 In sale of dangerous drugs; to consummate the
crime, the prosecution must prove that the prohibited
drugs are being delivered ( actual or constructive ) to
the apprehending officer or poseur-buyer.
Otherwise, the offender is only liable for attempted
sale of prohibited drugs.
 Non-receipt of the buy-bust money is not a defense
or failure of the prosecution to present as evidence
the marked money will not render a hiatus in the
evidence for the prosecution.
 Attempted stage is when the accused has performed
direct overt acts but not all the acts for its execution
are present by reason or cause other than his
spontaneous desistance. Consummated stage is
when all the act necessary for its execution and
accomplishment are present. Frustrated stage is
when all the acts for its execution are present that
would produce the felony as consequence but it did
not produce it by reason or cause other than the
independent will of the offender.
 A buyer who received the dangerous drugs from a
pusher for a consideration is liable for possession of
dangerous drugs.
 Buy-bust is a form of entrapment whereby ways and
means are resorted for the purpose of trapping and
capturing lawbreakers in the execution of their
criminal plan; it is a procedure sanction by law and
which has consistently proved itself to be an
effective method of apprehending drug peddler.
 The mere fact that the police officer has deceived
the seller into believing that the former were buyers
of dangerous drugs does not exculpate the latter
from liability for selling the prohibited drugs.
 Delivery of dangerous drug is any act of knowingly
passing a dangerous drug to another, personally or
otherwise, and by any means, with or without
consideration.
 Administering is an act of introducing any dangerous
drug into the body of any person, with or without
his/her knowledge, by injection, inhalation, ingestion
or other means or of committing any act of
indispensable assistance to a person in
administering a dangerous drug to himself.
 Broker means to act as agent in arranging any of
these transactions; it refers to an agent employed to
make bargains and contract for compensations;
middleman or negotiator.
 Animus possidendi presupposes that the accused
acted with intelligence and knowledge.
 Illegal possession of dangerous drugs absorbs the
used of dangerous drugs. However if the user-
possessor only possesses a drug paraphernalia with
traces of shabu, he is not liable for possession of
dangerous drugs.
 Possession of marijuana is absorbed in the sale
thereof, except where the seller is further
apprehended in possession of another quantity of
prohibited drugs not covered by or included in the
sale and which are probably intended for some
future dealings or use by the seller.
 Well-settled rule that in the crime of illegal sale of
dangerous drugs necessarily includes the crime of
possession of possession of dangerous drug.
 The possessor of drug paraphernalia shall be
presumed to have used dangerous
drug. Despite such presumption, it is submitted that
the person arrested for possession of drug
paraphernalia must be subjected to screening
laboratory examination or test and confirmatory test.
 The penalty for a use of dangerous drugs committed
by a first time offender is a minimum of six months
rehabilitation. The penalty of rehabilitation is not
subject to the Indeterminate Sentence Law for not
being a prison sentence. Minority cannot be
appreciated. Preventive imprisonment may be
credited in the service of the penalty of rehabilitation.
 To establish the chain of custody, the prosecution
must show the movement of the dangerous from its
confiscation up to its presentation in court. The CRIMES AGAINST PUBLIC MORALS
purpose of establishing the chain of custody is to
ensure the integrity of the corpus delicti.
1. The seizure, and marking, if practicable, of
the illegal drug recovered from the accused
by the apprehending officer;
2. The turn-over of the illegal drug seized by
the apprehending officer to the investigation
officer;
3. The turn-over by the investigating officer to
the forensic chemist for laboratory
examination;
4. The turn-over and submission of the marked
illegal drug seized from the forensic chemist
to the court.
 Non-compliance with the rule on chain of custody
will not make the seizure invalid as long as the
prosecution can prove proof that the integrity and
evidentiary value of the seized drugs are preserved
and there is justifiable ground for the non
compliance. Raising as a defense of non-
compliance cannot be made for the first time on
appeal.
1. The place of seizure is in remote area;
2. There is threat of retaliatory attack by
members of the syndicate;
3. The elected official themselves were
involved in the criminal act;
4. Time-constraint and urgency
5. Earnest effort to secure the presence of
these required witnesses prove futile
through no fault of the arresting officer.
 To overcome the presumption of regularity in the
handling of exhibits by public officers, the accused
has the burden to show that the evidence has been
tampered with.
 The practice of requiring offender to sign such 2. Vagrancy
receipt, which is tantamount to an extra-judicial
confession for the commission of the offense, is a
violation of his constitutional right to remain silent.
 Non-presentation of informant is justified since the
purpose of which is to protect the identity and their
safety from reprisal and to encourage of others to
report wrongdoings to the police authorities.
 Accused can apply for State Witness;
1. That such testimony will lead to the
conviction of other accused;
2. That such testimony is not available or in
possession to the State;
3. That such testimony can be corroborated on
all material points;
4. Immoral Doctrine
4. That such witness is not convicted by final
judgment any offense involving moral
turpitude
5. That such witness shall comply all the
conditions set forth as State Witness
6. That the witness does not appear as the
most guilty.
1. Trafficking in Persons Act. as amended
 Acts of trafficking
1. Recruitment, obtaining, hiring, providing,
offering, transportation, transfer,
maintaining, harboring, or receipt of
trafficked victim.
 Means to commit trafficking
1. By means of threat, use of force, or other
forms of coercion, abduction, fraud,
deception, abuse of power or of position,
taking advantage of the vulnerability of the
person, or the giving or receiving of payment
or benefits to achieve the consent of a
person having control over another person.
 Consent of minor is not an element; and present of it
is not a valid defense.
 Purpose of trafficking is for sexual exploitation
(pornography, prostitution), labor exploitation
( slavery, forced labor, debt bondage ) or organ
exploitation.
 Child Trafficking is committed by any person who
engages in trading and dealing with children such an
act of buying and selling of child for money or other
consideration. If the purpose is for sexual, labor or
organ exploitation, the accused is to be charged with
qualified trafficking in person.
 Child Prostitution is committed by those who engage
in or promote, facilitate or induce child prostitution
which includes; acting as procurer of a child
prostitute; inducing a person to be client of a child
prostitute; taking advantage of influence or
relationship; threat or using force or violence
towards a child; giving money consideration.
 RA 10158 has decriminalized vagrancy by omitting
portions of Article 202 involving crimes of vagrancy
since lawmakers considered vagrants as victims of
poverty and law on vagrancy serves to oppress the
very people that the government sought to protect.
3. Grave scandal
 Committed by any person who offends against
decency or good customs by a highly scandalous
conduct not constituting other felony.
 Exposing naked body in a private pool where the
pool is exposed from higher tenants shall be liable
for grave scandal since the act is offensive to
decency or good customs.
  Committed by any person who publicly expounds or
proclaims doctrines openly contrary to public morals.
5. Unlawful use of publication
 Committed by any person who: 3. Malicious delay
1. Publishes or causes to be published as
news any false news which may endanger
the public order, or cause damage to the
interest or credit of the State; or who 4. Dereliction of Duty
encourages disobedience to the law or to
the constituted authorities or praise, justify,
or extol any act punished by law by means
of printing, lithography, or any other means
of publication;
2. Maliciously publishes or causes to be 5. Tolerance
published any official resolution or document
without proper authority, or before they have
been published officially; or
3. Prints, publishes or distributes or causes to
be printed, published or distributed books,
pamphlets, periodicals, or leaflets which do
not bear the real printer’s name, or which
are classified as anonymous.
6. Anti-gambling law
 Committed by any person who, in any manner
directly or indirectly takes part in any unauthorized
game scheme whether upon chance or skill, wherein
wagers consisting of money, articles of value or
representative of value are at stake or made.
CRIMES COMMITTED BY PUBLIC OFFICERS
1. Anti-graft Corrupt and Practices act
 As a general rule, a private individual can be held
liable for violation of RA 3019 if he conspired with a
public officer in committing this crime. But a private
individual can be charged alone without a co- 7. Direct Bribery
accused, if the public officer with whom he conspired
in committing this crime died prior to the filing of
information.
 in addition to acts or omissions of public officers
already penalized by existing law, the following shall
constitute corrupt practices of any public officer. It is
clear then that one may be charged with violation of
RA 3019 in addition to a felony under the RPC for
the same act.
 Section 3(E) is committed by a public officer who
causes any undue injury to any party including the
government, by giving the other party unwarranted
benefit, advantage or preference in the discharge of
his official administrative or judicial function through
manifest partiality and evident bad faith or gross
inexcusable negligence.
2. Rendering unjust judgment or interlocutory order
 Committed by a judge who knowingly renders an
unjust judgment in any case submitted to him for
decision or interlocutory; or renders a manifest
unjust judgment or interlocutory order by reason of
inexcusable negligence or ignorance.
 To be unjust, the decision must be contrary to law or
unsupported by the evidence and rendered with
conscious and deliberate intent to do an injustice.
 Committed by a judge guilty of malicious delay in the
administration of justice.
 Committed by a public officer, or officer of the law
who maliciously refrains from instituting a criminal
prosecution of violators of the law in dereliction of
the duties of his office.
 Committed by an officer of the law who tolerates the
commission of the offenses.
 In dereliction of the duties of his office, the public
officer, whose duty is to prosecute criminals, knows
the commission of the crime, but he does not cause
the prosecution of the criminal. In tolerance, such
officer knows that a crime is about to
to be committed, but he tolerates its commission.
6. Revelation of secrets and betrayal of trust
 Committed by an attorney at law who prejudice his
client, or reveals any of the secrets of the latter
learned by him in his professional capacity by any
malicious breach of professional duty or inexcusable
negligence or ignorance.
 Betrayal of trust is committed by an attorney at law
who having undertaken the defense of a client or
having received confidential information from him in
a case, undertakes the defense of the opposing
party in the same case, without consent of his first
client.
 By agreeing to perform a criminal act
1. Committed by any public officer who agrees
to perform an act, which constitutes a crime,
in connection with the performance of his
official duties and in consideration of gift or
present offered or promised to, or received
by him, personally or through the mediation
of another.
 By accepting gift to perform a non-criminal act
 By agreeing to refrain from performing an official
duty
1. Public officer; includes those persons
performing public duties
2. Agreement; the public officer must agree to
perform or refrain to perform an act
3. Acceptance of gift or present; mere offer or
promise is enough to make the agreement
constitutive of direct bribery
4. Implementation of agreement;
implementation of the agreement or
commission of the crime agreed upon is not
an element thereof. However, if the public
officer committed the crime agreed upon, he
 shall be held liable for that crime in addition
to direct bribery
5. Official duties; the act which the officer
agreed to commit or omit is connected with
his official duty.
8. Qualified direct bribery
 Committed by a public officer entrusted with law
enforcement, who refrains from arresting or 13. Section 3(C) of RA 3019
prosecuting an offender who has committed a crime
punishable by reclusion perpetua and or death in
consideration of gift or present given, offered or
promised to him, or asked or demanded by him.
9. Indirect bribery
 Committed by any public officer who shall accept gift
offered to him by reason of his office.
 The essential ingredient of indirect bribery is that the
public officer concerned must have accepted the gift
or material consideration.
 When the judge has rendered a decision against the
plaintiff shall not be liable for direct bribery by
performing a criminal act since the judgment is
against the one who made the bribe. However, the 14. Section 4(A) of RA 3019
judge may be liable for indirect bribery since the
bribe is in connection with his official duties as judge
while the bribe-giver will be liable of corruption of
public officer.
10. Corruption of public officer
 Committed by any person who shall offer or promise
or shall give the gifts or presents to a public officer,
who commits direct bribery, qualified direct bribery
or indirect bribery.
 But if the public officer rejects the offer, the private
individual is liable for attempted corruption of public
officer while such public officer is not criminally
liable.
 But of the public officer, demands, solicit or requests
from a private individual but the latter refused to
agree. Such public officer is not liable of direct 16. Section 3(F) of RA 3019
bribery but shall be liable for violating the code of
conduct for public official for soliciting any money or
gift by reason of his functions or duties.
 In case of entrapment, the public officer is liable for
direct bribery while the bribe-giver is not liable for
corruption of public officer because of lack of evil
intent and since his intent is not criminal or evil.
11. Section 3(A) of RA 3019
 Committed by a public officer who shall persuade,
induce or influence another public officer to perform
an act constituting an offense or a violation of rules 17. Section 3(D) of RA 3019
and regulations in connection with his official duties.
The public officer, who shall allow himself to be
persuaded, induced, or influenced to commit such
violation or offense is also liable.
12. Section 3(B) of RA 3019
 Committed by a public officer who shall directly or
indirectly request or receive any gift, present, share,
percentage, or benefit for himself or for any other 18. Section 3(G) of RA 3019
person in connection with any contract or transaction
between the government and any other party,
wherein the public officer in his official capacity has
to intervene under the law.
 Within Contract or transaction ( Bir examiner );
( Mayor or Sangguinian )
 has to intervene under the law.
 Committed by a public officer who shall directly or
indirectly request or receive any gift, present or other
pecuniary or material benefit, for himself or for
another, from any person for whom the public
officer, in any manner or capacity, has secured or
obtained, or will secure or obtain, any government
permit or license, in consideration for the help given
or to be given.
 Unsolicited gifts or presents of small or insignificant
value offered or given as a mere ordinary token of
gratitude or friendship according to local customs or
usage, shall be excepted from the provisions of RA
3019.
 Committed by any person who shall capitalize or
exploit or take advantage of his family or close
personal relation with any public official by directly or
indirectly requesting or receiving any present, gift or
material or pecuniary advantage from any other
person having some business, transaction,
application, request or contract with the government,
in which such public official has to intervene.
15. Section 3(J) of RA 3019
 Committed by a public officer who shall knowingly
approve, or grant any license, permit, privilege or
benefit to a person, who is not qualified for or
entitled to it, or mere representative or dummy of
such unqualified person.
 Committed by a public officer who shall neglect or
refuse without sufficient justification to act within a
reasonable time on any matter pending before him
after due demand or request for the purpose of: (1)
obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or material
benefit or advantage; (2) favoring his own interest;
(3) giving undue advantage in favor of interested
party; (4) discriminating against other interested
party.
 Committed by a public officer who shall accept or
have any member of his family accept employment
in a private enterprise which has pending official
business with him during the pendency thereof or
within one year after its termination.
 Family relation shall include the spouse or relatives
by consanguinity or affinity in the third civil degree.
  Committed by a public officer who shall enter on
behalf of the government into any contract or
transaction manifestly or grossly disadvantageous to
the same.
 For double jeopardy to exist, the elements of one
offense should ideally encompass or include those
of the other. What the rule on double jeopardy 21. Possession of prohibited interest
prohibits refers to identity of elements in the two
offenses.
 Behest loan:
a. It is under-collateralized;
b. The borrower corporation is
undercapitalized;
c. Direct or indirect endorsement by
high government officials like
presence of marginal notes;
d. Stockholders, officers or agents of 22. Section 3(H) of RA 3019
the borrower corporation are
identified as cronies ( of high
government officials )
e. Deviation of use of loan proceeds
from the purpose intended;
f. Use of corporate layering;
g. Non-feasibility of the project for
which financing is being sought;
h. Extraordinary speed in which the
loan release was made
19. Frauds against the public treasury
 Committed by a public officer who, in his official
capacity of dealing with one furnishing supplies, or
of making contracts, adjustment or settlement of
account relating to public property or funds, shall
enter into an agreement with any interested party or
speculator or make use of any other scheme, to
defraud the government.
 It is also committed by public officer entrusted with 23. Section 5 of RA 3019
the collection of taxes, licenses, fees and other
imposts:
a. Who shall demand, directly or
indirectly, the payment of sums
different from or larger than those
authorized by law;
b. Shall voluntarily to issue a receipt
for any sum of money collected by
him officially as provided by law;
c. Shall collect or receive directly or
indirectly, by way of payment or
otherwise things or objects of a
nature different from that provided
by law.
 The gravamen of this crime is “entering into an
agreement or making use of scheme” with intent to
defraud the government by making ghost deliveries.
 If the treasurer falsified a document to collect from
the taxpayer a certain amount and failed to remit the
same to government, the crime committed is
complex crime of malversation through falsification
of document since the falsification is a necessary
means to commit the crime of malversation.
20. Prohibited transactions
 Committed by an appointive public officer who shall,
directly or indirectly, become interested in any
transaction of exchange or speculation within the
territory subject to his jurisdiction during his
incumbency.
 Committed by a public officer who, directly or
indirectly, shall become interested in any contract or
business in which it is his official duty to intervene.
 Actual fraud is not necessary, the act is punished
because of the possibility that fraud may be
committed or that the officer may place his own
interest above the government or the party which he
represents.
 Committed by a public officer who directly or
indirectly shall have financing or pecuniary interest
in any business, contract or transaction in
connection with which he intervenes or takes part in
his official capacity, or in which he is prohibited by
the constitution or bay any law from any interest.
 Under the 1987 Constitution, the following persons
shall not, directly or indirectly, be interested
financially in any contract with, or in any franchise or
special privilege granted by the government, or any
subdivision, agency, or instrumentality thereof,
including any government owned or controlled
corporation, or its subsidiary during his term of
office; The president; Vice president; members of
the cabinet and their deputies or assistants;
senators or members of the house of
representatives and members of a constitutional
commission.
 Committed by a spouse or any relative, by
consanguinity or affinity, within the third civil degree,
of the Philippines of the Philippines, the Vice
President of the Philippines, the President of the
Senate, or the Speaker of the House to intervene,
directly or indirectly in any business, transaction,
contract or application with the government, except
when the dealing is already commenced, existing or
pending prior to his assumption of office, has no
discretion in approving and the person who is
responsible for the approval has lawfully performing
his official duty.
24. Section 6 of RA 3019
 Committed by any member of the congress who
shall acquire or receive during the term for which he
has been elected any personal pecuniary interest in
any specific business enterprise which will be
directly and particularly favored or benefited by any
law or resolution authored by him previously
approved or adopted by the congress during the
same term.
25. Section 3(I) of RA 3019
  Committed by any public officer who shall, directly or
indirectly, become interested, for personal gain, or
having a material interest in any transaction or act
requiring the approval of a board, panel or group of
which he is a member, and which exercises
discretion in such approval.
 It is committed even if the offender votes against the
same or does not participate in the action of the
board, committee, panel or group.
 Interest for personal gain shall be presumed against 27. Failure to render accounting
those public officers responsible for the approval of
manifestly unlawful, inequitable or irregular
transaction or acts by the board, panel or group to
which they belog.
26. Malversation
 Committed by public officer who, being accountable
for public funds or property by reason of the duties
of his office, appropriates the same, or takes or
misappropriates, or consents to the taking thereof by
other person or permits him to take it through
abandonment or negligence.
 The provision on malversation shall apply to any
administrator or depository of funds or property
attached, seized or deposited by public authority, 28. Technical malversation
even if such property belongs to a private individual.
 Misappropriation of a loose firearm confiscated by
the police officer is malversation since the firearm
was under custodia legis.
 Misappropriation of licensed firearm is not
malversation because the same for not being a
loose firearm was not under custodia legis. The
crime committed is estafa through misappropriation
since the police officer, who took the firearm,
acquired juridical possession over it by reason of
commodatum.
 A public official, who is not responsible for public
funds or property and without authority to safeguard
the same cannot be convicted of malversation.
 Misappropriation of dangerous drug although
impressed with character of public properties is not
malversation but misappropriation or failure to
render accounts.
 By receiving the property, the same shall be placed
under the custody of the public officer making him as
accountable officer under Government Auditing
Code and LG Code.
 Modes of committing malversation:
a. Malversation through
misappropriation
b. Malversation through taking ( by
means of dolo or culpa )
 If the accused is charged of intentional malversation,
but the evidence shows that the crime is committed
through negligence, he can be convicted of culpable
malversation because of the variance rule. Dolo or
culpa is just a mode of committing malversation.
 In the crime of malversation, all that is necessary for
conviction is sufficient proof that the accountable
officer had received public funds, that he did not
have them in his possession when demand therefor
was made, and that he could not satisfactorily
explain his failure to do so.
 Restitution coupled with non-personal use of the
funds were treated as a defense.
 Restitution of fund is a mitigating circumstance
analogous to voluntary surrender if it swas
immediately and voluntarily made before the case
was institutued.
 Committed by a public officer whether in the service
or separated therefrom by resignation or any other
cause, who fails to render account to the
commission on audit or provincial auditor as
required by law or regulation after two months from
the time such accounts should be rendered.
 It is also committed by a public officer who
unlawfully leaves or attempts to leave the Phiilippine
without securing a certificate from the COA showing
that his accounts have been finally settled.
 Mere failure to render an account within the period
provided by law consummates the crime of failure to
render accounting.
 Committed by a public officer who applies a public
fund or property under his administration to any
public use other than that for which such fund or
property was appropriated by law or ordinance.
 There must be a law or ordinance appropriating
funds or money for a specific project.
 The offense is malum prohibitum, meaning that the
prohibited act is not inherently immoral but becomes
a criminal offense because positive law forbids its
commission based on considerations of public
policy, order and convenience.
 An accused acquitted of malversation cannot be
convicted of technical malversation since the latter
does not include, or is not necessarily included in
former charged in the information because they are
distinctively different from each other.
29. Failure to make delivery
 Committed by any public officer: 1. Who, being
under obligation to make payment from government
funds in his possession, fails to make such payment;
or 2. Who, being ordered by competent authority to
deliver a property in his custody or under his
administration, refuses to make such delivery.
 The provisions on malversation, technical
malversation, failure to render accounting and failure
to make delivery are also applicable to private
person if such private person has been charged of
public fund entrusted by government or private
property under custodia legis.
30. Infidelity in the custody of document
 Committed by: (1) a public officer who removes,
destroys or conceals documents or papers officially
entrusted to him, which causes damage, serious or
not, to a third party or to the public interest.
  Committed by public officer who being charged with
the custody of papers or properly sealed by proper
authority breaks the seals or permits them to be
broken.
 Committed by public officer who opens or permits to
be opened a closed papers, documents or objects
entrusted to his custody without proper authority.
31. Revelation of secrets
 Committed by a public officer who wrongfully
delivers papers or copies of papers of which may
have charge and which should not be published, or
 Committed by a public officer who wrongfully reveals
secrets of the government or private individual
known to him by reason of his official duty.
32. Section 3(K) of RA 3019
 Committed by a public officer shall divulge valuable
information of a confidential character acquired by
his office or by him on account of his official position
to unauthorized person, or releasing such
information in advance of its authorized release
date. The person urging such public officer to
commit the act complained of is also equally liable.
33. Disobedience
 Committed by any judicial or executive officer who
shall openly refuse to execute the judgment, 36. Maltreatment of prisoners
decision or order of any superior authority made
within the scope of its jurisdiction and issued with all
the legal formalities.
 Disobedience to order of superior officer is
committed by a public officer who, having for any
reason suspended the execution of the orders of his
superior, disobeys such superiors after the latter
have disapproved the suspension.
34. Refusal
 Refusal of assistance is committed by a public
officer who fails to lend his cooperation towards the
administration of justice or other public service upon
demand from competent authority.
 Refusal to discharge elective office is committed by
any person who, having been elected by popular
election to a public office, refuses to without legal
motive to be sworn in or to discharge the duties of
said office.
35. Anti-torture act of 2009
 Torture refers to an act by which severe pain or )
suffering whether physical or mental is intentionally
inflicted on a person for purpose of obtaining from
him or third person information or confession;
punishing him for an act he or third person has
committed or is suspected of having committed; or
intimidating or coercing him or third person has
committed.
 Torture as a crime shall not absorb or shall not be
absorbed by any other crime or felony committed as
a consequence, or as a means in the conduct or
commission thereof. In which case, torture shall be
treated as a separate and independent criminal act
whose penalties shall be imposable without
prejudice to any other criminal liability for by
domestic and international laws.
 Other form of torture is committed if the act will
cause such level of severity causing suffering, gross
humiliation or debasement to the latter.
 Any person who actually took part in the commission
of criminal act shall be liable as principal by direct
participation and the one who concur with the latter
by indispensable cooperation without his
cooperation the criminal act will not be accomplished
and accomplice where the latter performs an act not
as principal but by simultaneous or subsequent act
providing the principal with material and moral aid or
by accessory by concealing, harboring or assisting
the escape of the principal with the abuse of his
official function.
 A superior officer on the basis of command
responsibility is also liable for torture as principal for
any act or omission or negligence committed by him
that shall have led, assisted, abetted or allowed,
whether directly or indirectly the commission thereof
by his subordinates or failure, despite his previous
knowledge of such fact to prevent or take some
measure before, during and after the commission of
such crime.
 Committed by a public officer who is charged with
the custody and supervision of detained prisoner
and or convicted prisoner, imposes upon the latter
punishment not authorized by the regulations or by
inflicting such punishment in a cruel and humiliating
manner. The crime is qualified if the purpose thereof
is to extort a confession, or to obtain some
information from the prisoner.
37. Anticipation of duties of public officer
 Committed by any person who assumes the
performance of the duties and powers of a public
office or employment without first being sworn in or
having given the bond required by law.
 Under our present constitution, all public officers and
employees shall take an oath or affirmation to
uphold the defend the constitution. Failure to take an
oath or affirmation before assuming office constitute
the crime of Anticipation of duties of public officer.
38. Statement of Assets and Liabilities and Net worth ( SALN
 Under the present Constitution, it provides that a
public officer or employee shall, upon assumption of
office and as often thereafter as may be required by
law, submit a declaration under oath of his assets,
liabilities and net worth.
 Failure to file SALN as required by law is a violation
of Section 8 of RA 6713 and Section 7 of RA 3019.
They are required to be file on or before April 30, of
every year.
 It excludes public officials and employees who serve
in an honorary capacity, laborers and casual or
temporary workers from the filing of SALN.

39. Prolonging performance of duties and power
 Committed by a public officer who continues to
exercise the duties and powers of his office,
employment or commission, beyond the period
provided by law, regulation or special provisions
applicable to the case.
40. Abandonment of office or position
 Committed by a public officer who abandons his
office before the acceptance of his resignation to the
detriment of the public service. The crime is qualified
if he abandons his office in order to evade the duty
of preventing, prosecuting or punishing ay crime
against national security, any crimes against the law
of nations, and certain crimes against public
disorder.
41. Resignation
 No public officer shall be allowed to resign or retire
pending investigation, criminal or administrative, or
pending a prosecution against him, or any offense
under RA 3019 or under the provisions of the RPC
on bribery.
 Nevertheless, if at the time he resigns or retires, a
public official is facing administrative or criminal
investigation or prosecution, such resignation or
retirement will not cause the dismissal of the criminal
or administrative proceedings against him.
42. Usurpation of powers
 Usurpation of legislative powers is committed by a
public officer ( ANY ) who shall encroach upon the
powers of the legislative branch of the government
by making general rules or regulations beyond the
scope of his authority, or by attempting to repeal a
law or suspending the execution thereof.
 Usurpation of executive functions is committed by a
judge who shall assume a power pertaining to the
executive authorities, or shall obstruct the latter in
the lawful exercise of their powers.
 Usurpation of judicial functions is committed by
public officer of the executive branch who shall
assume judicial powers or shall obstruct the
execution of any order or decision rendered by any
judge within his jurisdiction.
43. Disobeying request for disqualification
 Committed a public officer who shall continue a
proceeding after having been lawfully required to
refrain from so doing before the question of
jurisdiction is decided.
44. Orders or requests by executive officers to judicial
authority
 Committed by an executive officer who shall
address an order or suggestion to any judicial
authority with respect to any case or business
coming its exclusive jurisdiction.
45. Unlawful appointment
 Committed by a public officer who shall knowingly
nominate or appoint to any public office any person
lacking the legal qualifications therefor.
 Appointing of losing candidate in the government
despite the one-year constitutional prohibition
constitutes the crime of unlawful appointment.
46. Abuse of chastity
 Committed by:
a. Public officer who solicits or makes
immoral or indecent advances to a
woman interested in the matters
pending before such officer for
decision, or with respect to which he
is required to submit a report to or
consult with a superior officer; or
b. A warden or other public officer
directly charged with the care and
custody of prisoners or persons
under arrest who solicit or make
immoral or indecent advances to a
woman under his custody, or his
wife, daughter, sister or relative
within the same degree by affinity.
 Actual seduction is not an element of this crime.
Abuse of chastity is consummated as the price
moment that the public officer solicited or proposed
immoral or indecent advances to a woman under his
custody because the law uses the word “solicit”.
47. Anti-plunder act, as amended 7659
 Committed by any public officer who shall amass,
accumulate or acquire ill-gotten wealth through a
combination or series of overt or criminal acts
(predicate crimes) in the aggregate amount or total
value of at least 50M by himself or in connivance
with other persons.
 By adopting the technical nomenclature of the
penalty under the RPC, the penal provisions of the
Code apply to plunder.
 Any person who participated with the said public
officer in the commission of an offense contributing
to the crime of plunder shall likewise be punished for
such offense.
 The word combination means at least two different
predicate crimes; while the term series means at
least two predicate crimes of the same kind.
 What is punishable under the law is “acts of plunder”
which means that there should be at least, two or
more, predicate crimes. ( malversation; bribery and
violation of section 3(e) of RA 3019 )
 Single conspiracy
 Wheel conspiracy; the principal ( hub ) amasses,
accumulates and acquires ill-gotten wealth in
connivance with others ( the spokes ). The rim that
enclosed the spokes was the common goal in the
overall conspiracy. If the other spokes ( public officer
or private individuals ) were not identified, each of
them is only liable for whatever they have received
in the transaction and the same will not be added in
the computation of 50M threshold.
 Chain conspiracy
  Preventive susupension: not to exceed 90 days; e. By pharmacist who, without proper
LGU- elective officials not exceeding 60 days prescription from a physician,
a. A public officer ( whether appointive dispenses any abortive.
or elective ) is charged with Anti-  Abortion is committed by employing violence upon
graft; RPC such as malversation, the pregnant woman, giving her abortive substance
bribery, or offense involving fraud or by other means with intent to cause abortion; and
upon government or public funds or as a result thereof, the fetus dies either in the womb
property; or after having been expelled therefrom; or killing a
b. The public officer is being criminally non-viable fetus ( intrauterine life of 6 mos. and
prosecuted under a valid below ) outside the maternal womb. If viable and
information; the child dies within 3 days, the crime is not abortion
c. Pre-suspension hearing is or unintentional abortion but infanticide.
conducted. ( Court )
 Preventive suspension cannot amount to a 3. Infanticide
deprivation of property without due process of law.  Committed by any person who shall kill a child less
Public office is a “public agency or trust,” and it is not than three days of age.
the property envisioned by the constitution.  Born-alive and viable infant of less than three days
 The suspension from the employment or public old
office during the trial or in order to institute  Killing a three days old infant is murder since
proceedings shall not be considered as penalty. It is treachery is always present if the victim is a child.
not a penalty because it is not imposed as a result of Minor children, who by reason of their tender years,
judicial proceeding. In fact, if acquitted, the official cannot be expected to put a defense.
concerned shall be entitled to reinstatement and to
the salaries and benefits, which he failed to receive Mother Child With intent to Intrauterine Crim
during suspension. This is merely preventive kill ( Fetus life
measures before final judgement. died died yes Less than 6 Parr
mos. Unin
CRIMES AGAINST PERSON (Com
died died yes More than 6 Parr
1. Unintentional abortion mos. (Com
 Committed by any person who unintentionally Injured died no More than 6 Phy
causes an abortion by violence. mos. unin
a. That there is a pregnant woman; Died Died Yes More than 6 Parr
b. That violence is used upon such mos. died (Com
pregnant woman without intending after 36
an abortion; hours
c. That the violence is intentionally Died Died Yes More than 6 Dou
exerted; mos. died (Com
d. That as a result of the violence, the after 3 days
fetus dies either in womd or after
having been expelled therefrom.  Concealment of dishonor is an extenuating
circumstance since it reduces the penalty prescribed
2. Abortion for abortion committed by pregnant mother or
 Committed by: parents.
a. A person who intentionally causes  Concealment of dishonor in abortion can be
an abortion with violence against appreciated in favor of pregnant woman but not in
the pregnant woman, or without or favor of parents of the pregnant mother.
with her consent  Concealment of dishonor in infanticide can be
b. By the pregnant woman, who appreciated in favor of pregnant woman and the
practice an abortion upon herself or parents of the woman.
consents the other person should  Concealment of dishonor cannot be appreciated in
do so whether the purpose is to abortion or infanticide by the father or fraternal
conceal her dishonor or not grandparents of the fetus or infant.
c. By the parent of the pregnant  Concealment of dishonor cannot be appreciated in
woman with the consent of said parricide favor of mother since the degree of
woman for the purpose of motivation to kill the child to conceal dishonor is
concealing her dishonor expected to wane after the mother took care him for
d. By physician or midwife who, taking three days or more.
advantage of their scientific
knowledge or skill, cause an 4. Parricide
abortion or assist in the causing the  Committed by any person who shall kill his father,
same; mother or child, whether legitimate or illegitimate, or
 his legitimate other ascendants, or descendants, or
his legitimate spouse without qualifying
circumstance of infanticide.
 Victim is parent or child, the relationship may be
either legitimate or illegitimate
 Victim is spouse, grandparent, grandchild, the
relationship must be legitimate
 Killing an adopted child is not liable for parricide
since adopted son does not fall within the
contemplation of the law on parricide. However,
ordinary circumstance of relationship shall be
appreciated.
 The qualifying circumstance of relationship in 6. Terrorism
parricide is personal. Hence, it can be appreciated
against the wife but not against co-conspirator who
is not related to her husband.
 He is liable for wrongful act done, that is parricide,
although it differs from wrongful act intended, and
that is, homicide.
5. Murder
 Committed by any person who shall kill another
person without the qualifying circumstance in
infanticide and parricide, and with any of the
following circumstances:
a. In consideration of price or reward
or promise;
b. Evident premeditation;
c. Treachery;
d. Taking advantage of superior
strength;
e. Aid of armed men;
f. Employing means to weaken the
defense;
g. Employing means or persons to
insure or afford impunity;
h. Cruelty
i. Outraging or scoffing at his person
or corpse;
j. By means of inundation, fire,
explosion, shipwreck, stranding of a
vessel, derailment or assault upon
railroad, fall of an airship;
k. By means of motor vehicle;
l. With use of any other means
involving great waste and ruin;
m. occasion of calamity
 Intent to kill:
a. Intent to kill as an element of
murder or homicide
b. Lack of intent to kill to appreciate
the mitigating circumstance of
praeter intentionem
c. Intent to kill as requisite of the
qualifying circumstance of by means
of fire, poison or explosion.
 Intent to kill is not presumed where the victim did not
die. Intent to kill is shown by the kind of weapon
used by the offender and the parts of the victim’s
body at which the weapon was aimed, as shown by
the wounds inflicted.
 Intent to kill is conclusively presumed if the offender
intentionally inflicted injury upon the victim who died
as a consequence. The penal law looks particularly
to the material results of the wrongful act done and
holds the aggressor responsible for all the
consequences thereof. However, the person who
kills a person without intent to kill, praeter
intentionem as mitigiating circumstance shall be
appreciated in his favor.
 Committed by any person who shall sow or create a
condition of widespread and extraordinary fear and
panic among the populace in order to compel the
government to give in with their unlawful demands
 Multiple qualifying circumstances:
a. Doctrine of absorption
b. The rule on qualifying circumstance
and aggravating circumstance
c. Rule on infanticide, parricide and
murder
 Under the doctrine of absorption, if there are two or
more circumstances based on the same incident,
only one will be appreciated while the others are
absorbed.
7. Homicide
 Committed by any person who kills another without
the qualifying circumstance in infanticide, parricide,
or murder. The penalty is reclusion temporal but if
the victim is below 12 years of age, the penalty is
reclusion perpetua.
 The evidence to prove intent to kill may consist of,
the means used; the nature, location and number of
wounds sustained by the victim; and the conduct of
the malefactors before, at the time of, or immediately
after the killing of the victim.
 But if the victim did not die as a consequence of
wounds caused by an act committed with malice,
intent to kill must be established beyond reasonable
doubt. If intent to kill is proven, the crime committed
is frustrated or attempted homicide. If intent to kill is
not prove, the crime committed is physical injuries.
8. Mutilation
 Committed by person who shall intentionally mutilate
another by depriving him, either, totally or partially,
of his reproductive organ.
 Other intentional mutilation is committed by person
who intentionally mutilates another depriving him,
either totally or partially, of his non-reproductive
organ.
 Intent to mutilate is an indispensable element of
mutilation. If the accused intentionally used violence
upon the victim without intent to mutilate, but as a
consequence, parts of his body was mutilated, the
crime committed is serious physical injuries.
 Physical violence against women and children. is
with whom the offender has a marital, sexual or
dating relationship or her child, is punishable under
 VAWC law. However, if such physical violence
results to mutilation or, it constitutes attempted,
frustrated, or consummated parricide, murder or
homicide, the offender shall be punished for such
crime under the RPC and not for the former.
9. Physical injuries
 Committed by any person who, without, intent to kill
or mutilate, shall wound, beat, assault another.
 Serious physical injuries is committed if the victim
suffers insanity, imbecility, impotency, blindness,
loss of faculty for speech, hearing or smelling, loss
of any part of the body or use thereof, deformity,
incapacity for habitual work, permanently or for more
than 90 days, or incapacity or illness for more than 13. Duel
30 days.
 Less serious physical injuries is committed if the
victim assaulted or wounded suffered incapacity for
labor or illness requiring medical attendance of 10
days but not more than 3o days.
 Slight physical injuries is committed if the victim
wounded or assaulted suffered incapacity for labor
or illness for 1 to 9 days or there is no incapacity or
illness. If the offender shall-ill treat another by deed
without causing injury, the crime committed is
maltreatment.
 Bullying refers to any severe or repeated use by one
or more students of a written, verbal or electronic
expression, or a physical act or gesture, or any
combination thereof, directed at another student that
has the effect of actually causing or placing the latter
in reasonable fear of physical or emotional harm or
damage to his property; creating a hostile
environment at school for the student; infringing the
rights of the other student at school; or materially
and substantially disrupting the education process or
the orderly operation of a school.
 Although bullying is not a crime, it only required the
school authorities to take some measures or
mechanism to prevent bullying and to report such
incident to authorities However, if the bullying is
accompanied by any act that would cause physical
injury, unjust vexation, threat or coercion. The
person responsible shall be criminally liable for
physical injuries, unjust vexation, threat or coercion.
10. Tumultuous affray
 Committed by person or persons identified as
responsible for inflicting serious physical injuries or
using violence upon the deceased, who is killed by
an unidentified person in the course of tumultuous
affray.
 There is an implied conspiracy where the accused
are members of a fraternity, who assaulted
members of a rival fraternity including the deceased.
Members of one fraternity are liable for murder or
homicide for the death of a member of other
fraternity. Because of conspiracy, they are
collectively liable for the death of the victim even
though the actual killer was not identified.
11. Giving assistance to suicide
 Committed by any person who assists another to
commit suicide, or by any who lends his assistance
to another to the extent of doing the killing himself.
12. Discharge of firearm
 Committed by any person who shoots at another
with a firearm, unless the act constitutes frustrated
or attempted parricide, murder, homicide, or any
other graver crime.
 Lack of intent to kill is an important element of
discharge of firearm.
 Non-commission of a graver crime is an important
element of discharge of firearm.
 Committed by combatants in a duel. This crime is
committed whether or not one kills or inflicts injuries
upon his adversary. The seconds shall in all events
be punished as accomplices.
 Challenging to a duel is committed by any person
who challenges another, or incites another to give or
accept a challenge to a duel, or scoffs at or decries
another publicly for having refused to accept a
challenge to fight s duel.
14. Anti-hazing law RA 11053
 Hazing refers to any act that results in physical or
psychological suffering, harm, or injury inflicted on a
recruit, neophyte, applicant, or member as part of an
initiation rite or practice made as a prerequisite for
admission or a requirement for continuing
membership in a fraternity, sorority, or organization.
 Elements of hazing:
a. That there is initiation rite or practice
made as a prerequisite for
admission or a requirement for
admission or a requirement for
continuing membership in a
fraternity, sorority or organization.
b. That during the initiation rite or
practice, physical or psychological
suffering, harm, or injury is inflicted
on a recruit, neophyte, applicant, or
member of the fraternity, sorority or
organization; and
c. As a consequence of the hazing,
death, rape, sodomy, or mutilation
results.
 Failure to allege that the physical or psychological
harm was employed as prerequisite for admission
would prevent the successful prosecution of the
criminal responsibility of the accused, either as
principal or as accomplice, for the crime hazing.
 The very act of inflicting physical or psychological
pain is a punishable act. Intent to kill is not an
element of the crime and shall only be the basis for
imposing the penalty
 Mere presence at the scene of crime even not a
member of the fraternity, sorority or organization
during the hazing is prima facie evidence of
participation therein as principal unless such person
or persons prevented the commission of the acts
 punishable herein or promptly reported the same to
the law enforcement authorities if they can do so
without peril to the person or their family.
 In homicide, consent of the victim to the infliction of
harm may negate dolo or criminal intent, which
would make the killing punishable as reckless
imprudence resulting in homicide.
 In hazing, criminal responsibility is based on:
1. Inducing the victim to be present;
2. Presence during the initiation rites where
hazing was committed;
3. Actual participation in inflicting physical
harm;
4. Presumed participation of those who are
present during the hazing;
5. The presence of adviser;
6. Participation in the planning;
7. Knowledge by the parent of frat member in 16. Special protection of children against abuse, exploitation
the home of whom hazing occurred, owner and discrimination
or lessee of the place of commission and
school authorities.
15. Anti-violence against women and children act of 2004
 The victim is a woman with whom the offender has
marital, sexual or dating relationship and against her
children.
 A casual acquaintance or ordinary socialization
between two individuals in a business or social
context is not a dating relationship.
 Child may also refer to adopted child and regardless
whether such child is related to the offender or not.
 Mother in law of the victim can be held liable for
violence against a woman, if she conspired with her
son who has marital relationship with the victim in
committing psychological violence against the
woman. The act of the husband in committing
psychological violence against his wife is imputable
to his mother by reason of conspiracy although the
conspirators are not similarly situated in relation to
the object of the crime.
 The offender and the victim must be a man and a
woman since they must be living together as
husband and wife without the benefit of marriage. A
lesbian cannot be a husband of a woman. The
gender of a husband is male while that of a lesbian
is a female.
 As the law stands now, victim of VAWC must be a
woman while the offender is “any person” regardless
of gender. With this interpretation, both women, who
are live-in partners, can file case for violence against
each other. A lesbian can be a victim of violence
against a woman since she is a woman, while her
partner can be an offender since she is a person.
 The crimes punishable under VAWC include
physical violence, psychological violence, sexual
violence and economic violence.
 Single act of violence such as harassment would be
enough. Punishing only violence that is repeatedly
committed would license isolated violence.
 Physical harm includes those acts that would threat
to cause the woman or her child physical harm,
attempting to cause the woman or her child physical
harm; or placing the woman or her child in fear of
imminent physical harm.
 Psychological harm includes an act made to control
the woman or her child or act that caused
substantial emotional or psychological distress; or
emotional mental anguish to the woman.
 Economic violence is committed by a person who,
with the purpose or effect of controlling or restricting
the movement or conduct of the woman or her child
by depriving such woman and her child financial
support legally due her or her family or deliberately
providing her children insufficient financial support;
or prevent the woman in engaging in any legitimate
profession, occupation, business or activity or
controlling the victim’s own money or properties or
solely controlling the conjugal or common properties.
 Under Child Abuse Law, a child is a person below
18 years of age; or a person over 18 years of age
but is unable to fully take care of themselves or
protect themselves from abuse, neglect, cruelty,
exploitation or discrimination because of physical or
mental disability or condition.
 If an offender, 15 years of age, committed acts of
cruelty against a victim, 17 years of age, it is
submitted that the former cannot be prosecuted for
violation of RA 7610.
 It is committed by any person who shall commit any
other acts of child abuse, exploitation, cruelty or
exploitation or be responsible for other conditions
prejudicial to the child’s development.
 Child abuse refers to the maltreatment , whether
habitual or not, of the child. It is inconsequential that
the offender has committed child abuse once.
 Child trafficking is committed by any person who
shall engage 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 barter. Children whether male or
female who for money, profit, or any other
consideration indulge in sexual intercourse or
lascivious conduct are deemed to be children
exploited in prostitution. The offenders in prostitution
are the clients, pimps, the owner of the house of
prostitution.
 Corruption of minor is committed by any person who
shall promote or facilitate the prostitution or
corruption of persons underage to satisfy the lust of
another. Victim under 12 years of age is a qualifying
circumstance.
 White Slavery is committed by any person who in
any manner, or under any pretext, engages in the
business or profits by prostitution or enlists the
services of any other person.
 Customer of prostitute may be held liable for child
prostitution or use of trafficked person.
 The offender may interpose the defense that he is
related to the child within the fourth degree of
consanguinity or affinity or any bond recognized by
law, local custom and tradition or he acted in the
 performance of social, moral or legal duty to take
care of her.
17. Anti-child pornography law
 The publication or show is obscene if it has a
tendency to deprave or corrupt a person. Exhibit that
tends to show indecent and immoral scenes and
acts. Nudity itself is not inherently indecent or
obscene.
 Corrupting test and offensive to human sensibilities
test and commercial purpose test.
 Child pornography refers to any representation,
whether visual, audio or written combination thereof
by electronic, mechanical, digital, optical magnetic or
any other means, of child engaged in or involved in CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
real or simulated explicit sexual activities.
 Obscene publications and indecent show is 1. Kidnapping and serious illegal detention
committed by any person who shall hire, employ,
use, persuade, induce or coerce a child to perform in
obscene exhibitions and indecent shows whether
live or video or model in exhibitions and indecent
publication or pornographic materials or to sell or
distribute the said material. By any ascendant or
guardian or person entrusted in any capacity with
the care of a child who shall cause and or allow such
child to be employed or to participate in an obscene
play, scene, act or movie or show or in any other
indecent or obscene act.
18. Obscene publication or exhibition and indecent show
 Obscene publication is committed by the authors, or
editor of, and owners/operators of the establishment
selling obscene literature or by any person who
sells, give aways or exhibits films, prints,
engravings, sculpture or literature which are
offensive to morals.
 Obscene exhibition or indecent shows is committed
by any person who exhibits indecent or immoral
plays, scenes, acts or shows in theaters, fairs,
cinematographs or any other place, whether live or
in film.
 To make a person liable for prostitution or indecent
show under the RPC, the prostitute or the indecent
dancer must not be trafficked victim or a child.
 Mere possession of child pornographic materials is
punishable under RA 9775. But mere possession of
obscene materials not involving child, without
intention to sell, exhibit, or give them away, is not
punishable under article 201 of the RPC,
considering the purpose of the law is to prohibit the
dissemination of obscene materials to the public.
The law does not require that the offender of
obscene material is caught in the act of selling. For
as long as the obscene materials are offered for
sale, displayed or exhibited to the public
consummates the crime.
19. Cyber sex
 Committed by any person, who shall wilfully engage,
maintain, control, or operate, directly or indirectly,
any lascivious exhibition of sexual organs or sexual
activity, with the aid of a computer system, for favor
or consideration.
 Private obscene showing between two consenting
adults is not covered by the law on cybersex.
 Offender cannot be prosecuted for both cybersex
and qualified child pornography because of the rule
on double jeopardy.
20. Juvenile justice and welfare act of 2006 RA 9344
 The competent authorities must refrain from
branding or labeling children as young criminals,
juvenile delinquents, prostitutes or attaching to them
in any manner any other derogatory names.
 Committed by a private individual who shall kidnap
or detain another, or in any other manner deprive
him of his liberty provided that any of the following
circumstances is present:
a. The kidnapping or detention shall
have lasted more than three days;
b. Simulation of public authority;
c. Serious physical injuries, threats to
kill;
d. The victim is a female, public officer,
or minor except when the accused
is his parent of the minor;
e. The purpose of the kidnapping or
detention is extorting ransom from
the victim or any other person; or
when the victim is killed or dies as a
consequence of the detention or is
raped, or is subjected to torture or
dehumanizing.
 Two common elements in kidnapping and serious
illegal detention and slight illegal detention
a. Deprivation of liberty ( at the
mercy and control of the
abductor )
b. Intent to deprive liberty
( there must be a showing
that the offender through his
acts have shown that there
is a intent to deprive the
victims liberty. There must
be a appreciable period of
time
 If the deprivation of liberty is just incidental to the
commission of murder or robbery, the crime
committed is murder or robbery, while incidental
kidnapping and serious illegal detention is absorbed.
 If the police officer abducted the victim without legal
reason and only for the purpose of extorting money,
such police officer is liable for kidnapping for ransom
or if no depravation of liberty, robbery. A public
officer, who detained a person for the purpose of
extorting ransom, cannot be said to be acting in an
official capacity.
 Special complex crime of kidnapping with homicide,
murder or rape:
a. Original design
b. Under Mercado principle,
the accused is liable for a
special complex of
kidnapping with murder or
homicide as long as the
victim is killed in the course
of detention. This special
complex crime is committed
regardless of whether the
killing was purposely sought
( the original design is to
kill), or killing just an
afterthought ( original
design is to kidnap)
c. Victim of homicide can be a
person other than the victim
of rape.
d. In special complex crime of
robbery with homicide, it is
immaterial that two or more
persons are killed. In
special complex crime of
robbery with rape, it is
likewise immaterial that two
or more person are raped.
e. In multiple kidnappings, the
offender is motivated by
several criminal impulses,
the principle of delito
continuado which is based
on singularity of the
criminality impulse of is not
applicable. Hence the
accused is liable for as
many kidnappings as there
are kidnapped victims.
f. Intent to kill is the original
design and not intent to
deprive liberty. The accused
will only be liable for murder
as the case maybe.
g. Demand for ransom after
committing murder. After
killing the victim, the
accused called the victim’s
relative demanding for
ransom. The accused
cannot be held liable for
kidnapping for ransom since
at the time ransom has
been demanded, the victim
was already dead and
kidnapping as a crime is no
longer present. Dead
person can no longer
deprived on his liberty.
However, the accused may
be held liable for estafa
through false pretense or
misrepresentation.
h. If the accused kidnapped
the victim for purpose of
killing him, the accused is
liable for attempted murder
through kidnapping.
i. If the accused kidnapped
the victim not for the
purpose of killing him and
as afterthought tried to kill
him, the crime is 2 separate
crimes of kidnapping and
attempted or frustrated
murder.
j. When the accused
kidnapped the victim for the
purpose of raping her, and
she was in fact raped,
accused is liable for either
rape or complex crime of
rape through forcible
abduction. If forcible
abduction is an
indispensable means to
commit rape, the latter
absorbs the former.
k. Where the accused
kidnapped the victim for the
purpose of raping her, but
failed to consummate the
rape, the crime committed is
forcible abduction since
accused was motivated by
lewd design at the time he
abducted the victim. Since
the attempted rape is just
an external manifestation of
lewd design, which is an
element of forcible
abduction, the latter
absorbs the former.
l. If the accused kidnapped
the victim as his purpose
but in the occasion thereof
the victim died. The
accused is liable for special
complex crime of
kidnapping with murder and
rape.
m. To be liable as principal
through implied conspiracy,
the abductors must agree to
commit the crime through
community of knowledge
and concurrence of in
criminal resolution.
However, if the person mere
gained the knowledge after
the other accused
concurred in their criminal
resolution and supplied for
material and moral aid in
efficacious ways is during or
 after the crime is liable as be held liable for kidnapping and serious illegal
accomplice. detention.
 The criminal omission is the failure to return the
2. Slight illegal detention minor to his parents or guardians after they
 Committed by a private individual, who kidnaps or entrusted the physical custody of the victim to the
detains another, or in any other manner deprives accused.
him of his liberty but without the attendance of any of
the circumstances that will qualify the crime into 5. Inducing a minor to abandon his home
kidnapping and serious illegal detention.  Committed by anyone who shall induce a minor to
 If the illegal detention is accompanied with a abandon the home of his parents or guardians or the
qualifying circumstance based in Article 267, the persons entrusted with his custody. This crime can
crime committed is kidnapping and serious illegal be committed by any person or by the father or the
detention; otherwise, the crime committed is slight mother of the minor. If the offender is the parent of
illegal detention under article 268. If the purpose of the minor, the penalty is lesser.
the offender in detaining the person is to deliver him
to proper authorities but there is no reasonable 6. Trafficking in person for labor
ground to make a citizen’s arrest, the crime  Committed by any person who shall perform any of
committed is unlawful arrest under article 269. soliciting, hiring, transporting, maintaining, harboring
 To be held liable for slight illegal detention, it is by use of threat, coercrin, force, intimidation, undue
indispensable that the detention has not lasted for influence or money or consideration for the purpose
more than three days, or the victim is not a minor, of labor exploitation, forced labor, slavery,
female or police officer, and there is no simulation of involuntary servitude or debt bondage. Consent is
public authority, nor serious physical injuries nor not necessary in case of violation of trafficked in
threat to kill. But if the purpose of kidnapping is to person.
demand ransom or in the course of detention, the
victim died, the crime committed is still kidnapping. 7. Slavery
 If the victim is kidnapped and illegally detained for  Committed by any person who purchases, sells,
the purpose of extorting ransom, the duration of his kidnaps or detains a human being for the purpose of
detention becomes inconsequential. enslaving him, or assigning the offended party to
 Voluntary releases the person so locked up or some immoral traffic.
detained within three days from the commencement
of the detention without having attained the purpose 8. Exploitation of child labor
intended and before the institution of criminal  Committed by anyone who retains a minor in his
proceeding against him, the penalty is lesser since service against his will and under the pretext of
the act of voluntary release is a special mitigating reimbursement of debt incurred by his ascendant,
circumstance. guardian, or person entrusted with his custody.
 When the minor is a victim of child exploitation, the
3. Kidnapping of minors accused can be prosecuted either by exploitation of
 Committed by a person who is entrusted by the child labor under the RPC or trafficked in person if
parents or guardians the custody of such child, the purpose of maintaining the custody of the child is
deliberately fails to restore the minor to the parents coerce the latter into forced labor or child labor. The
or guardians. accused can not be made to suffer the penalty for
 If the victim in kidnapping is minor or female, the both crimes because it violates the constitutional
duration of detention is immaterial. However, the prohibition against double jeopardy.
offender can be held liable for slight illegal detention  Child trafficking is committed by any person who
of the minor if the circumstance of minority is not shall engage in trading and dealing with children
alleged in the information or the offender is the including, but not limited to, the act of buying and
parent of the victim. selling of child for money, or for any other
consideration, or barter.
4. Failure to return a minor
 Committed by the parent of the minor or any other 9. Services rendered under compulsion
person. If the offender is the parent of the minor, the  Committed by a person who compels the debtor to
penalty is lesser. However, a parent can only work for him against his will as household servant or
commit this crime if the custody of the minor is given farm laborer in order to require or enforce the
by the court to the other parent. payment of a debt.
 Whether this custody lasted for months or only for
couple of days, the crime is committed as long as 10. Abandonment of person in danger
the offender had, at one point in time, physical and  Committed by any person who fails to render
actual custody of the minor. assistance to anyone whom he shall find in an
 If the accused has not acquired consent from the uninhabited place wounded or danger of dying,
said parent or guardian to be entrusted to him the when he can render such assistance without
child and failed to return the child, the accused may
 detriment to himself, unless such omission shall
constitute a more serious offense.
11. Abandonment of one’s own victim
 Committed by any person who fails to help or render
assistance to another, whom he has accidentally
wounded or injured.
 In this situation, the accused is not liable for physical
injuries because of exempting circumstance of
accident. But he is liable for abandonment for failure
to help or render assistance to his victim. But if he 13. Parental indifference
intentionally injured the victim and abandoned the
same, he is liable for physical injury, homicide or
murder as the case be but not for abandonment.
 If the accused injured the victim through reckless
imprudence, he is liable for reckless imprudence
resulting in physical injure or homicide as the case
may be with aggravating circumstance of
abandonment of one’s victim.
 There is no double jeopardy, because crimes
charged are different from each other on the 14. Exploitation of minor
following reasons: (1) reckless imprudence is a
quasi-offense while abandonment, a crime against
national security (2) quasi-offenses are committed
by culpa; crimes against security are committed by
means of dolo.
 Failure to lend help in reckless imprudence is neither
an offense by itself nor a element of the offense
therein penalized. Its presence merely increases the
penalty by one degree. Such being the case, it must
be specifically alleged in the information.
 If the crime of reckless imprudence resulting in
physical injuries qualified by failure to render
assistance. The accused can no longer prosecuted
with abandonment of owns victim since the latter is
an element of the qualified reckless imprudence and
is necessarily included in the former.
12. Abandonment of a child
 Committed by a person who finds an abandoned
child under seven years of age but fails to deliver
said child to the authorities or to his family, or fails to
take him to a safe place.
 Abandoning minor is committed by any person who
abandons a child below seven years of age, the
custody of which is incumbent upon him. However, if
the abandonment of the child is intentionally made to
kill him, and as a consequence, death results, the
crime committed is murder or parricide.
 Abandonment of minor by person entrusted with his
custody is committed by any person who, having
charged of the rearing of education of a minor,
delivers said minor to a public institution or other
person, without the consent of the one who
entrusted such child to his care or in the absence of
the latter, without the consent of proper authorities.
 Concealment or abandonment of a legitimate child is
committed by any person who shall conceal or
abandon any legitimate child with intent to cause
such child to lose its civil status. This normally
happens when a child of tender years is being left
outside churches or hospital’s doors.
 Concealment or abandonment under PD 603 can
only be committed by parents, guardians, and the
head of the institution or foster home which has
custody of the child. On the other hand,
concealment or abandonment under the Revised
Penal Code can be committed by any person.
 Child abuse includes abandoning the child by his
parent under such circumstances as to deprive him
of the love, care and protection he needs.
 Committed by the parents who shall neglect their
children by not giving them the education which their
station in life requires and financial condition
permits.
 Child abuse includes failing or defusing or refusing,
without justifiable grounds, to enroll the child, by his
parent or causing, abating or permitting the truancy
of the child from the school where he is enrolled.
 Committed by a person who causes a child below 16
years of age to perform any dangerous feat of
balancing, physical strength, or contortion or a
dangerous performer who employs a child 16 years
of age, or his descendant below 12 years of age in
performing dangerous exhibition or any ascendant,
guardian, teacher or person entrusted in any
capacity with the care of a child below 16 years of
age for money or consideration and causes the child
to perform dangerous stunts, habitual vagrant or
beggar. This includes inducement to abandon
parent’s or guardian’s house to perform dangerous
job, habitual vagrant or beggar.
 Child abuse by parent includes: 1. causing or
encouraging the child to lead an immoral or
dissolute life 2. permitting the child to possess,
handle, or carry a deadly weapon, regardless of its
ownership, and 3. allowing or requiring the child to
drive without a license or with a license which the
parent knows to have been illegally procured.
15. Trespass to dwelling
 Committed by any private person who enters the
dwelling of another against the latter’s will. Trespass
to dwelling is qualified if the offense be committed by
means of violence or intimidation.
 A private person who enters the dwelling of another
against the latter’s will and by means of violence or
intimidation for the purpose of preventing some
harm to himself incurs no criminal liability. This
includes when the accused in entering the said
dwelling is for the purpose of rendering some
service to humanity or justice.
 Implied prohibition to enter:
a. Where the entry was made
by cutting a string fastening
the door;
b. Where the entry was made
by employing force against
the closed door of the
house;
 c. Where the entry was made
at a late hour of the night,
while the occupants are
asleep, by scaling a wall
and forcing to open the
window which was closed
and barred;
d. Where the accused enters
the dwelling of another at a
late hour of the night after
the inmates have retired
and closed the doors
e. Where entry was made after
the lady of the house tells
accused to wait on the
porch and closes the door
behind her as she enters
the drawing room.
16. Trespass
 Committed by any person who enters an
uninhabited closed premises or fenced without
permission of the owner or the caretaker thereof, if
the prohibition to enter be manifested.
17. Grave threat
 Committed by any person who shall threaten
another with the infliction of a wrong amounting a
crime upon his person, honor or property, or that of
his family.
 The penalty for grave threat is higher: (1) if the
threat is made for purpose of demanding money or
imposing other condition, lawful or unlawful; (2) the
purpose of the grave threat has been attained; and
(3) the grave threat is committed in writing or
through a middleman.
 If the grave threat is committed through cellphone
text message, or facebook messenger, the
qualifying circumstance of using information or
communication technology under RA 10175 can be
considered. In such a case, the crime can be
described as cyber grave threat and the penalty for
this crime shall be graduated one degree higher.
 In grave threat, the threat must be made with the
deliberate purpose of creating in the mind of the
person threatened the belief that the treat will be
carried into effect.
 The crime of grave threat is consummated as soon
as the threat comes to the knowledge of the person
threatened.
18. Light threat
 Committed by any person who shall threaten
another with the infliction of a wrong not constituting
a crime upon the person, honor, or property of the
latter or his family for purposes of demanding money
or imposing any other condition.
 Reporting tax evasion to proper tax authorities is not
a wrong. What is wrong is when the person making
the threat is demanding and extorting money is
wrong and the same falls within the definition of the
law with respect to “wrong not constituting a crime”.
 Light threat must be committed for purpose of
demanding money or imposing condition The
demand must not be immediate but to some future
time.
 Blackmail is committed by any person who extorts
money by threats of accusation or exposure. The
gravamen of the offense is the extent to extort
money or other thing of value. The extortion is
committed by obtaining property from another
wihtout his consent induced by wrongful use of fear.
19. Other light threats
 This crime composed of three forms: (1) Threat with
a weapon; (2) Oral threat in the heat of anger; (3)
Oral threat of a harm not constituting a crime.
 Other light threat is committed by any person who
shall threaten another with a weapon, or draw such
weapon in a quarrel without demanding money or
imposing a condition, unless it is in lawful self-
defense.
 Oral threat in the heat of anger is committed by any
person who shall orally threaten another with some
harm constituting a crime in the heat of anger
without demanding money or imposing a condition,
and who by subsequent acts show that he did not
persist in the idea involved in his threat. The
elements are: (1) threat must be orally made; (2) the
threat involves the infliction of harm constituting a
crime such as threat to kill; (3) the threat is made in
the heat of the moment; (4) the offender did not
subsequently persist in the idea involved in his
threat; (5) there is no demand for money or
imposition of condition; and (6) the act does not
constitute grave threat.
 Oral threat with harm not constituting a crime is
committed by any person who shall orally threaten
another to do any harm not constituting a felony.
The elements are: (1) the threat must be made
orally; (2) the harm threatened to be inflicted does
not constitute a crime; and (3) there is no demand
for money or imposition of condition.
20. Grave coercion
 Committed by any person who prevents another
from doing something which the law does not
prohibit or compels him to do something against his
will, whether it is right or wrong, by means of
violence, threats or intimidation and without authority
of law.
 Grave coercion is qualified if it is committed in
violation of the exercise of the right of suffrage, or for
the purpose of compelling another to perform any
religious act, or prevent him from exercising such
right or from so doing such act.
 If the desired act was not immediately
consummated, it would be grave threat; if the
desired purpose was correspondingly achieved, it is
grave coercion.
 Although the intimidation is immediate and personal,
the crime committed is grave threat because it
creates fear of being harmed in the mind of the
victim.

21. Light coercion
 Committed by any person who seizes anything
belonging to his debtor by means of violence for the
purpose of applying the same to the payment of
debt.
22. Other light coercion or unjust vexation
 Committed by any person who without causing
force, violence and intimidation prevents another
from doing something not prohibited by law or
compels him to do something against his will.
 Unjust vexation may exist even without compulsion
or restraint as long as the act irritates, annoys or
vexes the offended party. This is an act that caused
annoyance, irritation, torment, distress, or
disturbance to the mind of the person to whom it
was directed.
 It is enough that she was embarrassed, annoyed,
irritated or disturbed when she learned of acts of
accused in reopening the stall and affecting the
transportation of the goods therein to the police
station.
23. Compulsory purchase of merchandise
 Committed by any person, agent or officer of any
association or corporation who forces or compels,
directly or indirectly, or knowingly permits to be
forced or compelled a laborer or employee
employed by him or by such firm or corporation, to
purchase merchandise or commodities of any kind.
24. Payment of wages by means of tokens
 Committed by any person who pays the wages due
a laborer or employee employed by him, by means
of tokens or objects other than the legal tender
currency of the Philippines, unless expressly
requested by the laborer or employee.
25. Formation, maintenance and prohibition of combination
of capital or labor through violence or threats
 Committed by any person who, for the purpose of
organizing, maintaining, or preventing coalitions of
capital or labor, strike of laborers or lock-out of
employees, employs violence or threats in such a
degree as to compel or force the laborers or
employers in the free and legal exercise of their
industry or work provided that the act does not
constitute a more serious offense.
26. Discovering secrets through seizure of correspondence
 Committed by a private individual who seizes papers
or letters of another in order to discover his secrets.
The crime is committed whether or not the contents
of the letter were revealed.
27. Revealing secrets with abuse of confidence
 Committed by a manager, employee or servant who,
in such capacity, learns the secrets of his principal Cyber crime prevention act of 2012
or master and reveals such secrets.
28. Revealing industrial secrets
 Committed by any person in charge, employee or
workman of a manufacturing or industrial
establishment who reveals the secrets of the
industry to the prejudice of the owner thereof.
29. Anti-wire tapping act
 The elements of anti-wire tapping are as follows:
1. That there is a private communication;
2. That offender tap any wire or cable, or uses
device or arrangement to secretly overhear,
intercept, or record such private
communication;
3. That offender overhears, intercepts, or
records the private communication without
authority from all the parties thereto and
without written authority from the competent
authority.
4. In case of attempted extortion by a public
officer. The person who secretly records the
conversation without the consent of such
public officer will be held liable for the crime
of anti-wire tapping act however the person
who attempts to extort money from the
driver is to be held liable for attempted
robbery.
5. The device or arrangement must be
deliberately installed for purposes of secretly
overhearing, intercepting or recording the
communication. However, telephone
extension is not among them.
6. Dashcam installed inside the car is not
considered deliberately installed for purpose
of secretly overhearing this particular
conversation, hence, there is no violation of
the anti-wire tapping law. This rule is
similarly applicable in case of CCTV
installed in a house or business
establishment.
7. Under wire-tapping law, video recording is
not covered, it only confines to audio
recording. Thus, CCTV footage can be used
as an evidence of the crime of theft.
8. The conversation between Gloria Arroyo
and Garcillano is not covered by anti-wire
tapping law since the communication used
was wireless.
9. Court order must be secured first before any
person may tap any device to secretly
overhear, intercept or record any
conversation in cases involving crimes of
treason, espionage, provoking war and
disloyalty in case of war, piracy, treason or
espionage or similar crimes.
10. Any person who shall aid, permit or cause to
be done any of the acts declared to be
unlawful by the anti-wire tapping law is also
criminally liable.
 The elements of the crime of cyber crime prevention
act are as follows:
 a. Offenses against the confidentiality,
integrity, and availability of
computer data and system;
b. Computer related offenses;
c. Content-related offenses ( cyber-
libel, cyber-sex and child
pornography )
 A prosecution for cyber crime offenses shall be
without prejudice to any liability for violation of any
provision of any provision of the RPC or special
laws.
 Example of violations:
a. Illegal access ( hacking of
computer, internet wi-fi password )
b. Illegal interception; it is committed
by any person who shall by
technical means without right of any
mon-public transmission of
computer data to, from or within a
computer system including
electromagnetic emission carrying
such computer data. Intercepting
wireless cellphone communication
between parties without a right
constitutes cyber-crime of illegal
interception.
c. Data interference is committed by
any person who shall intentionally or
recklessly alter, damage, delete or
deteriorate computer data,
electronic document, or electronic
data message without right,  But the provision on aiding or abetting cyber crime in
including the introduction or
transmission of viruses. This is
considered as cyber vandalism.
d. System interference is committed by
any person who shall intentionally CRIMES AGAINST PROPERTY
alter or recklessly hinder or interfere
with the functioning of a computer or 1. Theft
computer network by inputting,
transmitting, damaging, deleting,
deteriorating, altering or
suppressing computer data or
program, electronic document, or
electronic data message, without
right or authority, including the
introduction or transmission of
viruses.
e. Misuse of device is committed by
any person who shall use, produce,
sell, procure, import, distribute or
otherwise makes available, or
possession with intent to use
without right to any of the
following:1. A device, including a
computer program, designed or
adapted primarily for the purpose of
committing any cybercrime; or 2.
Computer password, access code,
or similar data which the whole or
any part of a computer system is
capable of being accessed with
intent that it be used for the purpose
of committing aby cybercrime.
f. Cybersquatting is committed by any
person who shall acquire a domain
name over the internet in bad faith
for profit, mislead, destroy
reputation, and deprive others from
registering the same without just
cause.
 Computer related offense
a. Computer-related forgery
b. Computer-related fraud
c. Computer-related identity
fraud
 Prohibiting spam is declared unconstitutional since
to prohibit the transmission of unsolicited ads would
deny a person the right to read his emails, even
unsolicited commercial ads addressed to him. The
state cannot rob him of this right without violating
the constitutionally guaranteed freedom of
expression. Unsolicited advertisements are
legitimate forms of expression.
 Provision that punishes “aiding or abetting” libel on
the cyberspace is a nullity since it encroaches upon
freedom of speech on grounds of overbreadth or
vagueness of the statute.
 But merely reacted to the defamatory or child
pornographic message on Facebook by clicking the
button for “Like”, “Comment” or “Share” or on twitter
account by retweeting it, are not liable for aiding or
abetting cybercrime.
relation to other cyber crimes such as illegal access,
illegal interception, data interference, etc., is
declared constitutional.
 Committed by any person who takes personal
property of another without the latter’s consent with
intent to gain but without violence against, or
intimidation of persons or force upon things.
 The object to be considered as personal property
must be capable of appropriation and not merely
capable of asportation.
 If the property is tangible, taking is deemed
complete from the moment the offender gains
possession over the thing, even if he has no
opportunity to dispose of the same.
 Intent to gain is an internal act presumed from the
unlawful taking.
 In theft, actual manual possession of property is not
required. Constructive possession of the thief over
the property is enough. It does not matter whether
the taking is temporary or permanent.
 Theft is likewise committed by any person who finds
lost property but fails to deliver the same to the local
authorities or to its owner.
 Without externalizing his criminal mind, the vagrant
is not liable since a felony is a combination of
criminal intent and criminal act.

2. Qualified theft
 Committed by any person who takes personal
property of another without the latter’s consent with
intent to gain with any of the following qualifying
circumstance: (1) domestic servant; (2) grave abuse
of confidence; (3) on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident or civil disturbance; (4)
coconut taken from the premises of a plantation, or
fish taken from a fishpond or fishery; (5) the property
stolen is mail matter.
3. Robbery
 Committed by any person who takes a personal
property belonging to another with intent to gain by
means of violence against or intimidation of any
person, or using force upon thing.
4. Robbery by using force
 Committed by any person who takes a personal
property belonging to another with intent to gain by
using force upon thing in an inhabited house or
public building or edifice devoted to religious
worship.
 The word “force” in robbery pertains to the mode
employed by the offender to enter the building or
open the furniture or receptacle in the building to
steal the property therein. There is force upon things
in robbery in an inhabited house or public or edifice
devoted to worship.
a. Unlawful entry: it is present
when the offender enters
the building through an
opening not intended for
entrance or egress such as
window. Breaking the
window is present when
offenders enters the
building by breaking any
wall, roof, or floor or
breaking any door or
window.
b. Use a false keys or
picklocks or similar tools;
c. Use of fictitious name;
d. Simulation of public
authority
 If robbery using force upon the building, the offender
forced the building to enter and to take properties
therein. In robbery involving using force upon the
furniture or receptacle in the building, the offender
forced the furniture or receptacle to open it and to
take properties therein.
 If the offender enters a building and took properties
therein but the owner locked the door. The offender
broke the window to get out of the building, the
crime committed is only theft since the window was
not broken to enter the building for purpose of taking
property therein.
 Possession of picklocks or similar tools especially
adapted to the commission of the crime of robbery
without lawful cause. The maker of this tool and
locksmith are also liable.
 Using picklock to open a locked cabinet and taking
property therein is not robbery by using force upon
things. To constitute robbery by using force upon
things, the picklock must be used to enter the
building, and merely to open a receptacle or
furniture.
 A store used as a house is not dwelling since it is
not exclusively used for rest and comfort.
5. Robbery with violence or intimidation
 Committed by any person who takes a personal
property belonging to another with intent to gain by
means of violence against or intimidation of any
person.
 Threat, slight physical injuries or less serious
physical injuries is absorbed in robbery.
 The crime is consummated when the robbers
acquire possession of the property, even if for short
time, and it is not necessary that the property to be
taken into the hands of the robbers, or that they
should have actually carried the property away, out
of the physical presence of the lawful possessor, or
that they should have made their escape with it.
 If the owner of the property, did not use violence or
intimidation or force upon things in taking his own
property from B, the owner-accused is not criminally
liable since he is just merely exercising his right as
an owner to possess his property.
 If the accused took some personal properties
against the victim believing in good faith that the
properties so seized were his, he is not liable for the
crime of robbery since the intent to gain is not
attendant being the ownership thereof is in question.
However, since he used violence or intimidation to
force the victim to give away the properties, he is
criminally liable for grave coercion.
 The fact that these properties were taken under
claim of ownership negates the element of intent to
gain.
 Special complex crime is produced if when by
reason or on occasion of the robbery, serious
physical injuries is inflicted, or homicide has resulted
or when the robbery is accompanied by rape or
intentional mutilation or arson or when by reason or
occasion of the attempted robbery, homicide is
committed by the robber.
 The intent to rob must precede the taking of human
life but the killing may occur before, during or after
the robbery.
 Homicide is said to have been committed by reason
or on the occasion of robbery if, for instance, it was
committed to:
a. Facilitate the robbery or the
escape of the culprit;
b. To preserve the possession
of the loot;
c. To prevent discovery of the
commission of the robbery;
 d. To eliminate witnesses in
the commission of the
robbery
 In kidnapping for ransom, the offender is using the
victim’s deprivation of liberty as a mode of extorting
ransom from him or any other person.
 The incidental deprivation of the victim’s liberty does
not constitute kidnapping or serious illegal detention
if the principal and ultimate purpose is to rob him.
 Complex crime of robbery through kidnapping is
consummated when the robber detained the victim
as a means of insuring the consummation of the
robbery. The detention was not merely a matter of
restraint to enable the malefactors to escape, but
deliberate as a means of extortion for an additional
amount.
 Separate crimes of robbery and kidnapping is
committed by robbery in band, but thereafter, they
took one of the victims and detained him for seven
days in another place for purpose of demanding
ransom, they are liable for separate crimes of
robbery by band and kidnapping for ransom.
 Public officer who detained a person for the purpose
of extorting ransom cannot be said to be acting in an
official capacity.
 Robbery is committed when the victim did not
commit a crime and he is intimidated with arrest and
prosecution to deprive him of his personal property;
direct bribery is committed when the victim has
committed a crime and gives money or gift to avoid
arrest or prosecution.
 If the extortion happened after the apprehension, the
said crime cannot be used as defense to absolve
him from the crime he had committed. However, the 9. Highway Robbery/Brigandage
police officer who made the extortion shall be
criminally liable for robbery.
 Employing false pretense to create in the minds of
the victim a sense of danger of being arrested for a
crime that he did not commit is considered as an
intimidation within the contemplation of robbery.
6. Execution of deeds by means of violence or intimidation
 Committed by a person who compels another to
sign, execute, or deliver a public instrument or
document by means of violence or intimidation with
intent to defraud him.
 In the robbery or theft, the property stolen is
personal property while in the latter, the property
involved is a document or public instrument, may be
real or personal.
In robbery or theft, intent to gain is an indispensable
requirement. On the other hand, what is important in
execution of deeds by means of violence or
intimidation is intent to defraud.
7. Robbery by band or in an uninhabited place
 The following are considered special aggravating
circumstances in robbery with violence or
intimidation:
a. Uninhabited place;
b. Band;
c. Attacking a mowing train,
street car, motor vehicle or
airship;
d. Entering the passenger’s
compartment in a train or, in
any manner, taking the
passengers thereof by
surprise in the respective
conveyance; or
e. Commission of robbery on a
street, road, highway, or
alley and the intimidation is
made with the use of
firearm.
8. Brigandage
 Committed by at least four armed men who forms a
band of robbers for the purpose of committing
robbery in the highway, or kidnapping persons for
the purpose of extortion or to obtain ransom or for
any other purpose to be attained by means of force
and violence. The term “armed” is to be used in its
generic sense, any weapon which is capable of
inflicting serious or fatal injuries may be considered
as arms for the purpose of the law on cuadrilla.
 Mere formation of band of highway robbers
consummates the crime of brigandage. Actual
commission of robbery on the highway is not an
element of brigandage. If any of the arms carried by
any of the armed men is an unlicensed firearm, it
shall be presumed that they are highway robbers or
brigands.
 Committed by any person who seizes another for
ransom, extortion or other unlawful purposes, or
takes away property of another by means of
violence against or intimidation of person or force
upon things, or other unlawful means on the
highway.
 Brigands or highway robbers whether under Article
306 or under PD No. 532 presupposes that they are
regularly hanging or roaming on highway and
chancing indiscriminately upon travelers, who they
can rob or seize for extortion.
 Formation of brigandage in the highway is covered
by Article 306 of the RPC, but not by PD 532. Mere
formation of band of brigands is not punishable by
PD No. 532, Hence the brigands shall be prosecuted
for brigandage under the Code. However, actual
commission of robbery in the highway by brigands
shall be covered by both Article 306 of RPC and PD
No. 532.
10. Aiding and abetting highway robbers/brigands
 Any person who knowingly and in any manner aids
or protects highway robes/brigands, or who directly
or indirectly abets the commission of piracy, shall be
considered as an accomplice of the principal
offenders, and thus, the penalty prescribed shall be
graduated one degree lower.
  One who knowingly acquired misappropriated
property and profited is liable as an accessory in the 12. Cattle-rustling
crime of estafa.
 One who knowingly acquired stolen property with
intent to gain is liable for the crime of fencing.
 One who knowingly acquired property from
brigands, highway robbers, or pirates is liabel as an
accomplice in the crime of brigandage/highway
robbery or piracy.
11. Carnapping RA 10883
 Committed by any person who takes, with intent to
gain, motor vehicle belonging to another without
latter’s consent, or by means of violence against or
intimidation of person, or by using force upon things.
 In theft, robbery can carnapping, taking is deemed
complete from the moment the offender gains
possession of the thing, even if he has no
opportunity to dispose of the same.
 To be considered as a motor vehicle contemplated
by the carnapping law, it is important that the same
is using public highways, and not a street exclusively 13. Occupation of real property or usurpation of real rights
for private use.
 A motorized bicycle is considered a motor vehicle
within the meaning of carnapping law. License to
use this motorized bicycle on the public highways is
not required to make it a motor vehicle within the
meaning given by carnapping law.
 The fact that the victim is not the real owner of the
motorized vehicle does not make the unlawful taking
to be outside the coverage of the law on carnapping.
What is required by the law is that the accused took
the property belonging to another.
 Intent to gain with respect to the vehicle in its
entirety is not required. However, if the accused
merely took the wheels of the vehicle, the crime
committed is only theft.
 If there is a conspiracy, the act of conspirator with
intent to gain imputable to his co-conspirator, who 15. Estafa or Swindling in general
has intent to gain. Thus, all of them are liable for
carnapping. At least one of the accused must
entertain in intent to gain in order to convict all of
them of carnapping.
 Qualified carnapping is committed by any person
who shall have committed the crime of carnapping
and by reason or on occasion thereof the occupant,
driver or owner was killed or raped. It is also called
as special complex crime of carnapping with
homicide or rape.
 Mitigating circumstance of confession or aggravating
circumstance of treachery cannot be considered
since an American penalty cannot be applied in its
maximum period and maximum period. It is not a
divisible penalty; and hence; Article 64 of the RPC
on proper imposable period cannot be applied.
 Felonies cannot absorb carnapping. For being
punishable under special law, carnapping shall
always be considered as a separate and
independent crime. Taking cash, killing the victim
and taking his tricycle on the same occasion shall be
liable for separate crimes of carnapping and special
complex crime of robbery with homicide.
 Committed by any person who shall take away by
any means or method or scheme without the
consent fo the owner/raiser, of any large cattle
whether or not for profit or gain, or whether
committed with or without violence against or
intimidation of any person or force upon things. It
includes the killing of large cattle, or taking its meat
or hiding without the consent of the owner/raiser.
 Failure to exhibit the required documents shall be
prima facie evidence that the large cattles in his
possession, control or custody are the fruits of the
crime of cattle rustling.
 Intent to gain is not element of this form of cattle-
rustling. Hence, the concept of this crime is also
similar to that of malicious mischief.
 If a person is seriously injured or killed as a result or
on the occasion of the commission of cattle-rustling,
imposable penalty for castle-rustling is higher.
 Committed by any person who takes possession of
a real property or usurps real rights in property
belonging to another by means of violence or
intimidation.
 However, if the group is composed of atleast four
armed men, the public uprising to prevent the NHA
officers from freely performing their function of
implementing the housing program of the
government shall be deemed to be tumultuous.
14. Altering boundaries and landmarks
 Committed by any person who alters the boundary
marks or monuments of towns, provinces, or
estates, or any other marks intended to designate
the boundaries of the same.
 Committed by any person who defrauds another
with unfaithfulness or abuse of confidence, by
means of false pretenses or fraudulent acts
executed prior to or simultaneously with the
commission of the fraud ( parting of property by the
victim), or through fraudulent means.
 The offense of estafa, in general, is committed either
by abuse of confidence or by means of deceit.
 Damage is an element of estafa. It may consist in:
a. The offended party being deprived
of his money or property as a result
of defraudation;
b. Disturbance in property right;
c. Temporary prejudice.
16. Estafa by alteration
 Committed by any person who alters the substance,
quality or quantity of anything in value which he
delivers by virtue of an obligation to do so, even
though such obligation be based on an immoral or
illegal consideration.
 By means of fraudulent acts of altering the quality,
fineness or weight of anything pertaining to his art or
 business executed prior to or simultaneously with
the parting of property by the victim.
 In case of the accused sold to another an opium but
upon acceptance of payment and delivery of the
said product, he altered the same by changing the
substance from opium to molases. The accused is
liable for crime of estafa by alteration. This is
notwithstanding the fact that the real substance is
opium, a prohibited drug and illegal.
17. Estafa by using fictitious name
 Committed by any person who defrauds another by
using fictitious names, which are executed prior to or
simultaneously with the parting of property by the
victim. The crime of using fictitious name is
absorbed in estafa by using fictitious name.
18. Estafa through false pretense
 Committed by any person who shall defraud another
by falsely pretending to possess qualifications,
property, credit, agency, business or imaginary,
transactions, power, influence, or by means of other
similar deceits, which are executed prior to or
simultaneously with the parting of property by the
victim.
 There must be a cause-effect relationship between
the false pretense committed by the accused and
the damage suffered by victim. The criminal act
constituting deceit must be the proximate cause of
damage sustained by the victim. To show this causal
connection, the false pretense must be committed
prior to or simultaneous with, and not subsequent to
the damage suffered by the victim when he parted
his money or property.
19. Estafa by pretending to have bribed a public officer
 Committed by any person who shall defraud another
by falsely pretending to possess influence over a
public officer, or to have bribed a public officer,
which are executed prior to or simultaneously with
the parting of property by the victim.
20. Estafa through misappropriation
 Committed by any person who shall defraud another
with unfaithfulness or abuse of confidence by
misappropriating or converting or denying having
received personal property under obligation to
deliver or return the same property received to the
prejudiced of another.
 There is obligation to deliver or return the same
property received if the accused received the
property in trust, on commission, for administration,
or under a lease contract, or deposit.
 Defenses that the agent may raise against estafa
through misappropriation
a. If the principal authorized the agent
to retain his commission out of the
amounts he collected;
b. If the agent is merely exercising his
right under the New Civil Code to
retain money or goods received in 22. Estafa through misappropriation and theft
consequence of the agency; as
when the principal fails to reimburse
him for advances he has made, and
indemnify him for damages suffered
without his fault.
c. If the agent merely retains the
money collected to protect his
interest since the principal failed to
previously give earned
commissions.
 Settled is the rule that there can be no estafa
through negligence.
 Demand to return or to make accounting is not
mentioned in Article 315 as an element of estafa
through misappropriation. The importance of
demand in this estafa has something to do with
evidence. Verbal inquiry about the money entrusted
to the accused is tantamount to a demand.
 Under the trust receipt law, the obligation of the
entrustee under the trust receipt agreement is to turn
over the proceeds of sale of the entrusted goods, or
return the unsold goods to the entruster. Violation of
this undertaking constitutes estafa in relation to the
trust receipt law.
21. Syndicated Estafa
 The elements of syndicated estafa are as follows:
a. Estafa or other forms of swindling
under Articles 315 to 318 of the
RPC is committed;
b. It is committed by a syndicated of
five or more persons; and
c. Defraudation results in the
misappropriation of moneys
contributed by stockholders, or
members of rural banks,
cooperative, samahang nayon, or
farmer’s association, or funds
solicited by
corporations/associations from the
general public.
 The fact that the entity involved was not a rural
bank, cooperative, samahang nayon, or farmer’s
association does not take the case out of the
coverage of PD No. 1689. The law applies to other
corporations or associations operating on funds
solicited from general public.
 In ponzi or pyramiding scheme, the offenders offer
impossibly high returns and pay these returns to
early investors to fraudulently induce others to invest
their money therein. The investment program is
unsustainable, the income of the business of the
offender is comparatively lower than the interest on
the investment.
 Once syndicated estafa consummates, the criminal
liability immediately attaches to the accused. Since
suspension of payment after the consummation of
syndicated estafa is not a mode of extinguishing
criminal liability, such suspension cannot be used by
the accused as a defense.
 If the accused received the property with the
consent of the owner, but he acquired merely de
facto or physical possession in doing so, failure to
return, running away or misappropriation thereof
shall be considered as taking without consent of the
owner; hence, the crime committed is theft.
 If the accused received the property with the
consent of the owner, and acquired juridical or legal
possession in doing so by reason of a transaction
involving trust, commission, administration or
obligation to deliver or return, misappropriation or
conversion thereof is estafa. Juridical possession
means a possession, which gives the transferee a
right over the thing which the transferee may set up
even against the owner.
 Without a legal arrangement such as deposit, or
lease, the possession of the person who received
property from the owner shall be characterized as
physical; hence, failure to return it is theft not estafa.
 In contract of commodatum, the borrower acquired
the juridical possession of the thing borrowed. Thus
selling the horse to another person is estafa through 24. Estafa through issuance of bouncing check
misappropriation.
 As a rule, the possession of the employee such as
bank teller, collector or cash custodian is only
physical. Hence, misappropriation of property is
qualified theft. Abuse of confidence is present since
the property is accessible to the employee.
 However, if the employee is an officer of the
company with discretion on how to use property or
fund of the company to further its interest, his
possession is juridical; hence, misappropriation
thereof is estafa.
 If the accused received money with authority to use
it to buy palay or with full freedom and discretion on
how to use it to facilitate its remittance , his
possession is juridical by reason of contract of
agency.
 In quasi-contract, the person who receives the thing
also acquires juridical possession thereof.
 If one received the property with the consent of the
owner, and acquired ownership in doing so by
reason of sale, loan or other transaction, failure to
perform obligation thereunder is neither theft nor
estafa. In this case, the cause of action of the former
owner is merely civil in character.
 If the accused acquired ownership over the alleged
misappropriated property, he is not liable for theft
since the element of taking without consent of the
owner is not present. Neither is he liable for estafa
because there is no obligation to return the very
property received.
 In money market placement, there is a possibility
that the borrower shall be liable for estafa through
false pretense when the former induce the other to
extend a loan to the borrower.
 In sum, receiving the property through deceit is
estafa through false pretense; but acquiring physical
possession through deceit is considered as taking
without consent of the owner, and thus, the crime
committed is theft.
23. Estafa, Malversation or theft and falsification
 First rule: if the falsification of document is a means
to commit a crime, accused is liable for a complex
crime proper
 Second rule: If the falsification of document is to
conceal a crime, the accused is laible for separate
crimes;
 Third rule: if the document falsified is a private
document, there is only one crime either falsification
of private document, or estafa, malversation or theft.
Common element of damage.
a. If falsification of private document is
a necessary means to commit or
conceal estafa, the common
element doctrine is applicable
because damage is an element
common to both crimes.
 Under the common element doctrine, the accused is
liable for falsification of private document or estafa,
whichever is committed first.
 Committed by any person who defrauds another by
means of false pretenses or fraudulent acts of
postdating a check, or issuing a check in payment of
an obligation when the offender had no funds in the
bank or his fund deposited therein were not
sufficient to cover the amount of the check, provided
that the check is issued or postdated prior to or
simultaneous with the parting of property by the
party.
 What the law punishes is the fraud or deceit, not
mere issuance of the worthless check. However, this
deceit is presumed if drawer of the check fails to
deposit the amount necessary to cover his check
within three days from receipt of notice of dishonor.
 If the obligation is pre-existing, there is no estafa
since the payee or holder of the check did not part
his money or property because of the issuance or
postdating thereof. He already parted his property
before the drawer issued or postdated the check.
 The complainant, who is aware of the unfunded
condition of the check, was not defrauded since the
drawer did not made false representation that the
check is funded to convince him to part his money or
property.
 The failure of the drawer of the check to deposit the
amount necessary to cover his check within 3 days
from receipt of notice from the bank and or the
payee or holder that check has been dishonored for
lack of insufficiency of funds shall be prima facie
evidence of deceit constituting false pretense or
fraudulent act.
 In estafa, lack of notice of dishonor will not make the
crime dismissible due to lack of knowledge of deceit.
The prosecution may prove the present of deceit by
other evidence other than the notice of dishonor by
showing that the account is closed prior to the
issuance of the check.
 In estafa, damage and deceit are the essential
elements, and the check is merely the accused’s
tool in committing deceit that causes damage to the
 complainant. In such a case, paying the value of the
dishonored check will not free the accused from
criminal liability. It merely satisfies the civil liability.
 However, the presumption of deceit may be rebutted
by showing the accused fully paid the entire amount
of the dishonored checks, which is indicative of good
faith.
25. Anti-bouncing checks law
 Committed by any person who issued a worthless
check regardless of reason behind the issuance of
check and whether or not there is a damage caused
to the payee of the check.
 The drawer who issued a bouncing check and
thereafter defraud another person, he can be
prosecuted for violation of BP 22 and estafa through
issuance of bouncing check without offending the
rule on double jeopardy. In sum, charge of estafa
does not include or is not necessarily included in the
charge of BP 22. Estafa is a malum in se while BP
22 is malum prohibitum.
 In estafa, the fact that the instrument is a guarantee
check or memorandum check negates criminal
intent, which is essential in estafa for being a malum
in se.
 In Malum prohibitum principle, the criminal intent of
the offender is not material in determining his
culpability.
 The utilitarian theory or protective theory in criminal 26. Estafa by not paying food, refreshment or
law affirms that the primary function of punishment is accommodation
to protect the society against actual and potential
wrongdoers. If the defense of the accused is
illegality or lack of consideration, utilitarian principle
is applicable
 There are forms of violation of BP 22. The first form
involves issuance of unfunded check while the
second is the failure to maintain sufficiency of the
fund of the check.
 Foreign check is covered by BP 22. A foreign check
issued in the Philippines but dishonored by a drawee
bank in a foreign country can still be a basis for
prosecution under BP 22.
 In sum, in violation of BP 22, the check must be
unfunded at the time of its issuance and at the time
of its presentment for payment or deposit with the
bank.
 The making, drawing and issuance of a check
payment which is refused by the drawee because of
insufficient funds in or credit with such bank, when 28. Estafa by inducing another to sign
presented within 90 days from the date of the check,
shall be prima facie evidence of knowledge of such
insufficiency of funds or credit unless the maker or
drawer pays the holder thereof the amount due
thereon, or makes arrangements for payment in full 29. Estafa through fraudulent gambling
by the drawee of such check within 5 banking days
after receiving notice that such check has not been
paid by the drawee.
 Notice of dishonor is required to avail of the
presumption of deceit at the time of issuance or
postdating of the check which is an element of
estafa and BP 22.
 In estafa, verbal notice though phone is sufficient to
give rise to prima facie evidence of deceit. However,
in BP 22, the requirement of the law is that the
notice of dishonor must be in writing.
 In BP 22, without notice of dishonor, the case for
violation of BP 22 shall be dismissed not because of
failure on the part of the prosecution to prove all
elements of the crime but by reason of deprivation of
due process of law.
 In case the check is corporate, the notice of
dishonor must be sent to the one who signed the
check and not to the corporation. Criminal
responsibility under BP 22 is personal to the
signatory;hence, personal knowledge of the notice of
dishonor is necessary.
 Full payment of check after the expiration of the
grace period but before the filing of the information is
also complete defense in BP 22.
 Under the second paragraph of BP 22 is the failure
to maintain the sufficiency of the check for 90 days.
 Under the second paragraph, presentation of the
check within 90 days from its maturity date is an
element of the crime. The obligation of the drawer to
maintain the sufficiency of the funds is confined to
90 days from the date of its issuance, Thus,
presentation of the check beyond the period is a
defense.
 Committed by any person who defrauds another by:
(1) false pretense or fraudulent act in obtaining food,
refreshment or accommodation at an establishment
without paying therefor; (2) using false pretense in
obtaining credit for the same; (3) fraudulent act in
abandoning or surreptitiously removing any part of
his baggage from a hotel or similar establishment
after obtaining the same therein without paying
therefor.
27. Estafa by taking advantage of signature
 Committed by a person who defrauds another with
unfaithfulness or abuse of confidence by taking
undue advantage of the signature of the offended
party in blank, and by writing a document above
such signature in blank, to the prejudice of the
offended party or any third person.
 Committed by any person who defrauds another by
inducing another to sign a document by means of
deceit.
 Committed by any person who defrauds another by
resorting to some fraudulent practice to insure
success in gambling game.
30. Estafa by removing, concealing or destroying document
 Committed by any person who defrauds another by
removing, concealing or destroying, in whole or in
 part, any court record, office files, document or any
other papers.
31. Other forms of swindling
 Committed by any person who pretends to be the
owner of real property and conveys, sells,
encumbers, or mortgages the same.
 Committed by an owner of a real property who
disposes the same with express representation that
it is free from encumbrance despite knowledge that
it is encumbered. This Is committed although such
encumbrance is not recorded.
 The gravamen of the crime is the disposition of
legally encumbered real property by the offender
under the express representation that there is no
encumbrance thereon.
32. Swindling by taking
 Committed by an owner of a personal property who
wrongfully takes it from its lawful possessor to the
prejudice of the latter or a third person.
33. Accepting compensation for underperformed services
 Committed by any person who accepts
compensation given under the belief tha payment is
made for services or labor performed by him, when 39. Estafa through false pretense and other deceit
in fact he did not do so.
34. Swindling by surety
 Committed by a surety who sells, mortgages, or in
any other manner, encumbers the real property used
to guarantee the fulfillment of the obligation covered
by a bond given by him in a criminal or civil action
without express authority from the court or before
the cancellation of his bond or before being relieved
from the obligation contracted by him.
35. Execution of fictitious contract
 Committed by any person who executes a fictitious
contract prejudice of another.
36. Fraudulent insolvency
 Committed by any person who absconds with his
property to the prejudice of his creditors.
 In fraudulent insolvency, the act prohibited is
absconding (hiding or concealing) with his property,
real or personal, which may or may not involve the
execution of fictitious contract. In other form of
swindling, the act prohibited is the execution of
fictitious contract. In fraudulent insolvency, the
offender is the debtor who committed an act to
prejudice his creditors. In other form of swindling,
the offender and the victim are any persons.
37. Swindling a minor
 Committed by any person who induces a minor to
assume an obligation or to give a release or
execute a transfer of a property right in
consideration of some loan of money, credit or other
personal property by taking advantage of his
inexperience or emotions or feelings to his
detriment. This crime is committed whether the loan
clearly appears in the document or is shown in any
other form.
38. Other deceit
 Committed by any person who defrauds or damages
by any deceit not constituting estafa, other form of
swindling, or swindling a minor.
 The elements are:
a. False pretense, fraudulent act or
pretense other than those
enumerated in Article 315, 316 and
317;
b. Such false pretense, fraudulent act
or pretense must be made or
executed prior or simultaneously
with the commission of the fraud;
and
c. As a result, the offended party
suffered damage or prejudice.
 It is essential that such false statement or pretense
is the very cause or the only motive for the private
complainant to part with her property. It is intended
as the catchall provision for that purpose with its
broad scope and intendment.
 Committed by using fictitious name, or falsely
pretending to possess power, influence,
qualifications, property, credit, agency, business or
imaginary transactions, or by means of other similar
deceits.
 Fraud or deceit may be committed by omission.
Failure to reveal a fact which the seller is, in good
faith, bound to disclose may generally be classified
as a deceptive act due to its inherent capacity to
deceive. Suppression of a material fact which a
party is bound in good faith to disclose is equivalent
to a false representation.
 In case of estafa though issuance of bouncing
check, if the prosecutor has failed to prove the
element of knowledge of insufficiency of fund at the
time of postdating the check, the drawer may be
liable for the crime of other deceit.
40. Fortune telling
 Committed by any person who intercepts dreams,
makes forecasts, tells fortunes, or takes advantage
of the credulity of the public in any other similar
manner for profit or gain.
41. Removal of mortgaged property
 Committed by any person who knowingly removes a
personal property mortgaged under the Chattel
Mortgage Law to a province or city other than the
one in which it was located at the time of the
execution of the mortgage, without the written
consent of the mortgagee, or his executors,
administrators or assigns.
42. Sale or pledge of mortgaged property
 Committed by a mortgagor who sells or pledges
personal property already pledged, or any part
 thereof, under the terms of the Chattel Mortgage
Law, without the consent of the mortgagee written
on the back of the mortgage and noted on the record
thereof in the office of the register of deeds of the
province where such property is located.
 The mortgagor who gave the property as security
under a chattel mortgage did not part with his
ownership over the same. He had the right to sell it
although he was under the obligation to secure the
written consent of the mortgagee or he lays himself
open to criminal prosecution under the provision of
Article 319 of the RPC.
43. Arson
 Committed by any person who burns property.
There are laws on arson, and that is Article 320 of
the RPC on destructive arson and PD 1613 on
simple arson.
 Destructive arson is committed by any person who
shall burn:
a. One or more buildings or edifices,
consequent to one single act of
burning, or as result of simultaneous
burnings committed on several or
different occasions.
b. Any building of private or public
ownership, devoted to the public in
general or where people usually
gather or congregate for a definite
purpose or merely incidental to a
definite purpose such as but not
limited to hotels, motels, transient,
dwellings, public conveyance or
stops or terminals, regardless of
whether the offender had
knowledge that there are persons in
said building or edifice at the time it
is set on fire and regardless also
whether the building is actually
inhabited or not.
c. Any train or locomotive, ship or
vessel, airship or airplane, devoted
to transportation or conveyance, or
for public use, entertainment or
leisure.
d. Any building, factory, warehouse
installation and any appurtenance
thereto, which are devoted to the
service of public utilities.
e. Any building the burning of which is
for the purpose of concealing or
destroying evidence of another
violation of law, or for the purpose of
concealing bankruptcy or defrauding
creditors or to collect from
insurance.
f. Any arsenal, shipyard, storehouse
or military powder or fireworks
factory, ordinance, storehouse,
archives or general mesuem of the
Government.
g. In an inhabited place, any
storehouse or factory of
inflammable or explosive materials.
h. If the burning of building is
perpetrated by two or more persons
or by a group of persons, the crime
is destructive arson regardless of
whether their purpose is merely to
burn or destroy the building or the
burning merely constitutes an overt
act in the commission or another
violation of law.
Burning a bus devoted for transportation is simple
arson since it is not among those listed in the
enumerations.
Actual injury to, or damage to the property of
another as a consequence of the burning of property
owned by the accused is not required to be held
liable for simple arson. As long as the burning
exposes to danger the life or property of another, the
accused, who burned his own property, is liable for
arson.
The present law prescribes a single penalty for
arson if death results as a consequence of the
commission thereof. If death resulted as
consequence of arson, the crime can be described
as arson resulting to death or special complex crime
of arson with homicide.
If the main objective of the offender is the burning of
the building, and a person died in the course of the
burning thereof, he is liable for special complex
crime of arson with homicide or arson resulting to
death.
If the main objective is to kill the victim, the offender
is liable for murder qualified by the circumstance of
by means of fire, while arson is absorbed. If single
act of burning the building constitutes two murders,
offender is liable for compound crime of double
murder.
If the objective is to cover up the killing, offender is
liable for two separate crimes of homicide (murder)
and arson. If the building is burned to conceal
murder and another victim died as a consequence of
the burning, the offender is liable for two separate
crimes of murder and arson resulting to death.
If the main objective is to commit robbery, the
offender is liable for robbery with homicide while
arson shall be integrated into this special complex
crime.
However, burning the building to conceal of robbery
with homicide will not constitute a separate crime of
arson. In this case, arson shall be integrated into a
special complex crime of robbery with homicide.
44. Malicious mischief
 Committed by any person who deliberately causes
damage to the property of another, which is not
constitutive of arson.
 There are special cases of malicious mischief such
as:
a. Causing damage to obstruct the
performance of public function;
 b. Using a poisonous or corrosive
substance;
c. Spreading infection or contagion
among cattle;
d. Causing damage to the property of
the National Museum or National
Library, or to archive or registry,
waterworks, road, promenade, or
any other thing used in common by
the public.
 Damages and obstruction to means of
communication is committed by any person who
damages a railway, telegraph or telephone lines.
 Destroying or damaging statues, public monuments
or paintings is committed by any person who
destroys or damages statues or any other useful or
ornamental public monument or useful or
ornamental painting of a public nature.
CRIMES AGAINST CHASTITY
1. Adultery
 Committed by any married woman who shall have
sexual intercourse with a man not her husband and
by the man who has carnal knowledge of her,
knowing her to be married, even if the marriage be
subsequently declared void.
 Each sexual intercourse constitutes a crime of
adultery.
 Adultery is a gender crime since the principal
offender in adultery must be married woman while
the secondary offender must be a man.
 The secondary offender in adultery must be a man
other than the husband of the married woman. A
married woman, for having homosexual intercourse
with another woman, is not liable for adultery since
the secondary offender is not a man.
 A man, who had no knowledge that a woman was
married, is not liable for adultery.
 After the husband institutes the prosecution against
both in his complaint, the prosecution may move for
a dismissal of the complaint as to the paramour if his
guilt cannot be established.
2. Concubinage
 Committed by a husband: (1) who shall keep a
mistress in the conjugal dwelling; (2) who shall have
sexual intercourse with a woman who is not his wife
under scandalous circumstances; or (3) who shall
cohabit with her in any other place.
 Meeting at least once a week in a place where they
can be alone together is not enough to satisfy the
requirement of cohabitation, maintaining a mistress,
or scandalous circumstance.
3. Rare through sexual intercourse
 Committed by a man who shall have has carnal
knowledge of a woman:
a. Through force, threat or intimidation;
b. When the offended party is deprived
of reason or otherwise unconscious;
c. By means of fraudulent machination
or grave abuse of authority;
d. When the offended party is under
12 years of age or is demented
 Thus, mere copulation, with the woman passively
acquiescent, does not constitute rape. Where a man
takes hold of a woman against her will, and she
afterward consents to intercourse before
penetration, his act is not rape.
 Where the woman consents, but then withdraws her
consent before penetration, and the act is
accomplished by force, it is rape. But if the woman
tacitly consents to have sexual intercourse with the
accused, but then withdraws her consent in the
course of sexual intercourse because she felt pain,
and the act is not rape.
 Where a woman offers to allow a man to have
intercourse with her on certain conditions and he
refuses to comply with the conditions, but
accomplishes the act without her consent, he is
guilty of rape.
 The crime of rape had already been consummated,
and thus, consent given after the consummation of
the act is not the character of exclude the concept of
the crime of rape.
 Lack of resistance does not negate rape.
Resistance, therefore, is not necessary to establish
rape, especially when the victim is unconscious,
deprived of reason, manipulated, demented, or
young either in chronological age or mental age.
 Any physical overt act manifesting resistance
against the act of rape in any degree from the
offended party, or where the offended party is so
situated as to render her/him incapable of giving
valid consent, may be accepted as evidence in the
prosecution of rape.
 Having sexual intercourse with a demented person
is rape. However, a mental retarded is not a
demented person.
 In statutory rape, what the law punishes is carnal
knowledge of a woman below 12 years of age. Thus,
the only subject of inquiry is the age of the woman
and whether carnal knowledge took place. The
child’s consent in statutory rape is immaterial
because the law presumes that her young age
makes her incapable of discerning good from evil.
 Mental retardation:
a. Idiot: mental age is two years old
( IQ 0-19 )
b. Imbecile: mental age is seven years
old ( IQ 20-49 )
c. Moron or Feebleminded: mental age
is 12 years old ( IQ 50-69 )
d. Borderline Intelligence: ( IQ 70-89 )
 If the exempting circumstance is minority, what is
important is the chronological or actual age of the
accused. On the other hand, in exempting
circumstance of imbecility under Article 12, what is
important is the mental age.
 Having sexual intercourse with an idiot, imbecile, or
feebleminded is rape of a person deprived of
reason; or statutory rape of a child under 12 years of
 mental age or rape by means of psychological force
or intimidation.
 Having sexual intercourse with person suffering from
borderline intelligence is rape of person deprived of
reason.
 Carnal knowledge of a woman, who is a mental
retardate, is rape. What needs to be proven are the
facts of sexual congress between the accused and
the victim, and the mental retardation of the latter.
 Untenable defense in rape
a. Lack of medical examination;
Medical examination is not
indispensable requirement in rape
cases, what needs to be proven is
that all the elements of rape are
duly established by the testimony of
the rape victim.
b. Lack of sperm: Absence of sperm in
victim’s vagina also does not
foreclose the possibility that she
was raped by the accused. Rape is
consummated from the moment the
penis has touched the labia majora
or minora of the victim’s genital
regardless of whether the former
ejaculates or not.
c. Immoral character
d. Place and time
e. Impregnation
f. Sweetheart theory
4. Rape through sexual assault
 Committed by a person, who inserts his penis into
the mouth or anal orifice, or instrument or object into
the genital or anal orifice of another person:
a. Through force, threat or intimidation;
b. When the offended party is deprived
of reason or otherwise unconscious;
c. By means of fraudulent machination
or grave abuse of authority;
d. When the offended party is under
12 years of age or is demented.
 Swallowing the penis of a 12 years old victim is not
rape through sexual assault but the accused is liable
of acts of lasciviousness or if the child is below age,
he is liable of child abuse.
 Qualified rape; must alleged in the information
otherwise can not be appreciated and it violates the
constitutional right of the accuse to be informed of
the nature and cause of the accusation against him.
a. Child is below seven years
old;
b. Child is below 18 years old
and the offender is her
parent, ascendant, step-
father, guardian, relative by
consanguinity or affinity
within the third civil degree,
or common-law spouse of
the parent of the victim;
c. Under police or military
custody
d. The rape is committed in full
view of the spouse, parent,
any of the children or other
relatives within the third civil
degree of consanguinity;
e. Victim is religious person;
f. The offender is aware that
he is being afflicted by
HIV/AIDS and transmitted
the same to his victim;
g. Committed by Police and
AFP personnel by taking
advantage of their position.
h. Offender is aware that the
victim is pregnant;
i. Offender is aware that the
victim is with mental
disability, emotional
disorder
j. The victim has suffered
permanent physical
mutilation or disability
k. The victim has become
insane;
l. The offender used weapon
to rape the victim.
 Having sexual intercourse through force with a gay,
who underwent gender reassignment, is not rape
through sexual intercourse since the victim is not a
woman. Rape through sexual intercourse is a
gender crime. It is committed by a man having
carnal knowledge of a woman through force. Neither
is this crime instrument or object rape since the
offender used his penis, and not an instrument or
object, in committing the crime. Nor is this crime
rape through oral intercourse or sodomy since the
artificial vagina of the victim is not a mouth or anal
orifice. Hence, the crime committed is acts of
lasciviousness.
Doctrine of absorption is not applicable to rape
through sexual assault. In sum, rape through sexual
intercourse does not absorb rape through sexual
assault. Inserting lighted cigarette into the genital
orifice and anal orifice of the victim and having sex
with he by means of force constitutes two counts of
rape by sexual assault and rape through sexual
intercourse.
If the crime charged is rape through sexual
intercourse but the crime proven is rape through
sexual assault. The variance rule is not applicable
since rape through sexual assault is not necessarily
included in the charge of rape through sexual
intercourse. The elements of these two crimes are
materially and substantially different. He may be
convicted of acts of lasciviousness since the latter is
necessarily included in the crime of rape through
sexual intercourse.
5. Rape or attempted rape with homicide
  A special complex crime is produced when by gratify the sexual desire of any person, bestiality,
reason or on occasion of consummated or masturbation, lascivious exhibition of the genitals or
attempted rape, homicide is committed. pubic area of a person.
 There is no showing that the penis of the accused is
erectile or ready to penetrate, hence the crime 7. Sexual harassment
committed is just act of lasciviousness since the  The elements are:
accused has lewd design when he asked her a. That the offender has
girlfriend to undress. The killing of girlfriend’s former authority, influence or moral
suitor is a separate crime of homicide. There is no ascendancy over victim;
such thing in the law special complex crime of acts b. The authority, influence or
of lasciviousness with homicide. moral ascendancy exists in
a work, training, or
6. Acts of lasciviousness education environment;
 Committed by any person who commits an act of c. The offender demands,
lasciviousness upon other persons of either sex: requests or otherwise
a. Through force and threat; requires any sexual favor
b. When the offended party is from the victim.
deprived of reason or  Moral ascendancy as an element of sexual
otherwise unconscious harassment is present if the respondent
c. When the offended party is recommended complainant to her present position.
under 12 years of age.  The gravamen of sexual harassment is not the
 Instances where acts of lasciviousness are present: violation of the victim employee’s sexuality but the
lewd design is established without showing that the abuse of power by the offender.
penis is erectile and in the position to penetrate.  The offender demands, requests or otherwise
Without clear intent to have sex. requires any sexual favor from the victim
a. Kissing and undressing the consummate the crime regardless whether such
victim; demands, requests have been accepted or not.
b. Touching her vagina by the  requirement for sexual favor may not be articulated
hand of the accused; in a categorical oral or written manner. It may
c. Touching the breast and discern, with equal certitude, from the acts of the
thighs of victim and kissing offender.
her;  If the offender has moral ascendancy over the victim
d. Rubbing his penis on the and the former committed sexual advances on the
mons pubis of the latter, implied request or demand for sexual favor is
pudendum. present.
 If the offender touches the body of the victim through  Additional element in a work-related or employment:
force, he is liable for unjust vexation provided that: a. The sexual favor is made as
(1) there is no intention to have sexual intercourse; a condition in the
and (2) there is no lewd design. In sum, if the employment or continued
touching the body of the victim does not constitute employment of victim or in
rape, attempted rape or acts of lasciviousness, the granting her favorable terms
crime committed is unjust vexation. or privileges;
 When the accused was caught peeping through a b. The refusal to grant the
hole in the bathroom door while a woman is taking a sexual favor results in her
bath is not liable for the crime of acts of discrimination or impairment
lasciviousness since there is no showing that the of her rights or privileges;
accused used force or threat to consummate the act. c. The demand for sexual
 The common denominator presents in unjust favor would result in an
vexation, slander by deed and act of lasciviousness intimidating, hostile, or
is the irritation or annoyance. Without lewd design offensive environment for
and publicity, the offense would be merely unjust the employee.
vexation because this crime is equated with anything  Additional element in a training and education
that annoys or irritates another without justification. If environment:
there is publicity, dishonor or contempt, the offense a. When the sexual favor is
would be slander by deed. made a condition to the
 Sexual abuse under Child Abuse Law: The giving of passing grade or
intentional touching, either directly or through granting of privileges;
clothing, of the genitalia, anus, groin, breast, inner b. When the sexual advances
thigh, or buttocks, or the introduction of any object result in an intimidating,
into the genitalia, anus or mouth of any person, hostile or offensive
whether of the same or opposite sex, with an intent environment.
to abuse, humiliate, harass, degrade, or arouse or
8. Qualified seduction
 Committed by: (1) Person in authority, priest, house-
servant, domestic, guardian, teacher, or a person
entrusted in any capacity with her education or
custody, who has carnal knowledge of a virgin and a
minor, who is not under 12 years of age; or (2) a
person who has carnal knowledge of his sister or
descendant, who is not under 12 years of age.
 The victim is qualified seduction must be a minor, a
virgin and woman. But the victim must not be under
12 years of age; otherwise, the crime committed is
statutory rape.
 As long as the girl is of good reputation, he is a
virgin in the eyes of the law. Prior sexual intercourse 11. Consented abduction
of the accused with the offended party will not make
the latter a non-virgin when the former subsequently
had sexual intercourse with her, which is the subject
matter of seduction.
9. Simple seduction
 Committed by any person, who has carnal
knowledge of a woman who is single or a widow of
good reputation, and a minor, who is not under 12
years of age by means of deceit.
 If a girl of 16 who had carnal knowledge with the
accused and then the latter found out that the girl
had previous illicit relations with other men. The
crime of seduction filed against him will not prosper
on the ground that at the time of sexual intercourse,
the victim is no longer of good reputation and there
is no showing that deceit was employed to gain her
consent to have sex with him.
 There must be a causal connection between the
deceit or promise to marry and the sexual
intercourse. This cause and effect relationship
cannot be considered as present if the promise to
marry was made after the sexual intercourse.
 Deceit is an essential element of simple seduction.
However, deceit does not need to be proved or
established in a charge of qualified seduction. It is
replaced by abuse of confidence, authority, or
relationship.
 In qualified seduction, the victim must be a virgin
while in simple seduction she must be a person of
good reputation.
 Consent in qualified seduction is not required since
the presence of authority or influence over the victim
is suffice to take the case within the coverage of the
law on seduction.
10. Forcible abduction
 Committed by any person, who abducts with lewd
designs (1) a woman against her will, or (2) a
woman below 12 years of age.
 If the original is to kill the victim. Kidnapping is not
committed since the deprivation of liberty is just
incidental to the crime of murder.
 If the original design is to rape the victim. Forcible
abduction for being an indispensable means to
commit rape is absorbed.
 If the victim is being held for appreciable period of
time and in the occasion thereon he was killed. The
crime committed is special complex crime of
kidnapping with homicide. Since the victim was
detained for some appreciable period of time, there
is an intent to deprive his liberty.
 Lewd design is an element of forcible abduction and
consented abduction. Lewd design must be present
at the price moment that the accused abducted the
victim.
 In case the offender attempted to rape the abducted
victim, forcible abduction absorbs attempted rape
was itself the external manifestation of lewd design,
which is an element of forcible abduction.
 Committed by any person, who abducts with lewd
design a virgin and a minor, who is not under 12
years with her consent. The taking away of the
offended party must be with her consent, after
solicitation or cajolery from the offender.
 Virginity of the victim is an essential element in
qualified seduction and consented abduction except
when the qualifying circumstance is relationship.
 Virginity is presumed if the victim is unmarried and
of good reputation, or a virtuous woman of good
reputation.
12. Prosecution of crimes against chastity
 Preconditions to prosecute the offenders for adultery
and concubinage:
a. The offended spouse must
file a complaint for adultery
or concubinage;
b. In adultery, the offended
husband must include his
wife and her paramour, and
in concubinage. the
offended wife must include
her husband and his
concubine in the institution
of criminal prosecution;
c. The offended party must
neither have consented,
expressly or impliedly, to
the adultery or concubinage
nor pardoned, expressly or
impliedly the offender.
 Preconditions to prosecute the offenders for
seduction, abduction or acts of lasciviousness:
a. Offended party or her
parents, grandparents,
guardians, or state must file
a complaint seduction,
abduction, or acts of
lasciviousness;
b. Offended party or her
parents, grandparents, or
guardian must not have
expressly pardoned the
offender.
 Crime against chastity except corruption of minor
and white slavery are private crimes, which cannot
be prosecuted de officio. Hence, information of the
 fiscal without complaint-affidavit of the victim will is
not enough to prosecute the case.
 Pardon is a bar to criminal prosecution of adultery,
concubinage, seduction, abduction and acts of
lasciviousness. On the other hand, consent is a bar
to criminal prosecution of adultery or concubinage.
 In case of adultery and concubinage, pardon must
be given by the offended spouse to both offenders to
be effective.
 If the victim of seduction, abduction, or act of
lasciviousness is a minor or incompetent, pardon as
a bar to criminal prosecution must be given by both
the minor and the parents unless the minor or the
parent is dead or incapacitated.
 Pardon or consent given after the institution of
criminal action for private crime does not extinguish
criminal liability. Hence, the pardon or consent must CRIME AGAINST CIVIL STATUS
be given before the institution of criminal action.
 The reason for this rule is that the true aggrieved
party in criminal prosecution is the People of the
Philippines. Once filed, control of the prosecution for
a crime against chastity is removed from the
offended party’s hand and any change of heart by
the victim will not affect the state’s right to vindicate
the atrocity committed against itself.
 Express consent may be in the form of notarized
instrument giving the spouse the freedom to cohabit
with another. Implied consent is when the other
spouse despite the knowledge about the adulterous
relationship, no filing of charges was file within 7
years from the time of such notice.
 In case the married woman who cohabits with a man
not here husband while the man knows the marital
status of the woman is liable as many counts of
adultery as there are sexual intercourses.
 There is an implied pardon when the offended
husband continued to live with his wife even after
the commission of adultery.
 Pardon in seduction, abduction or acts of
lasciviousness must be expressly given. Implied
pardon is not a bar to criminal prosecution of
seduction, abduction or acts of lasciviousness.
Moreover, the length of time it took her to file the
case is of no moment considering that she filed it
within the 10 year prescriptive period for qualified
seduction.
 Under Article 89 of the RPC, criminal liability is
totally extinguished by the marriage of the offended
woman, as provided in Article 344 of this Code. The
marriage of the offender with the offended party
shall extinguish the criminal action or remit the
penalty already imposed upon him. The provisions
of this paragraph shall also be applicable to the co-
principals, accomplices, and accessories after the
fact of the abovementioned crimes.
 In rape cases, the subsequent marriage between the
offender and offended party shall extinguish the
criminal action or penalty. However, the benefits of
marriage shall not be granted to the other accused
such as co-principals, accomplice and accessory.
 In case of marital rape, forgiveness is a mode of
extinguishing criminal liability.
13. Civil liability in crimes against chastity
 Person guilty of rape, seduction or abduction, shall
also be sentenced: (1) to indemnify the offended
woman; (2) to acknowledge the offspring, unless the
law should prevent him from so doing; and (3) in
every case to support the offspring.
14. Liability by ascendants and others
 The ascendants, guardians, curators, teachers and
any person who, by abuse of authority or
confidential relationship, shall cooperate as
accomplices in the perpetration of the crimes against
chastity except adultery and concubinage shall be
punished as principals.
1. Simulation of birth
 Committed by any person who shall simulate birth
for another.
 Simulation of birth is the tampering of the civil
registry making it appear in the birth records that a
certain child was born to a person who is not his/her
biological mother, causing such child to lose his/her
true identity and status.
 Any person who shall cause the fictitious registration
of the birth of a child under the name of a person
who is not his/her biological parent shall be guilty of
simulation of birth.
 If the birth of the child is simulated by the doctor for
the purpose of selling, trading, or dealing with the
child, the crime committed is attempted child
trafficking or attempted trafficking in person.
 If after the simulation of birth, the child is delivered to
the buyer or child trafficker, the crime committed is
child trafficking. Engaging in trading and dealing with
children such as buying and selling or barter is
constitutive of the crime of child trafficking under
Child Abuse Law.
 If the trafficker bought the child, whose birth was
simulated, for prostitution, pornography, slavery,
force labor, or removal of organ, the crime
committed is qualified trafficking in person.
2. Substitution of Child
 Committed by any person who shall substitute one
child for another.
3. Usurpation of civil status
 Committed by any person who shall usurp the civil
status of another for the purpose of defrauding the
offended party or his heirs.
 This crime is committed by one who impersonates
himself to be another person to enjoy the rights and
privileges arising from the civil status of the person
impersonated as a doctor, lawyer, or a rich business
or to assume the filiation or the parental or conjugal
right of another.
4. Bigamy
 Committed by any person who shall contract a
second or subsequent marriage before the former
marriage has been legally dissolved, or before the
absent spouse has been declared presumptively
dead by means of a judgement rendered in the
proper proceedings.
 The elements of bigamy:
a. The offender has been
legally married;
b. The first marriage has not
been legally dissolved, or in
case his or her spouse is
absent has not been
judicially decalred
presumptively dead;
c. He contracts a subsequent 6. Performance of illegal marriage ceremony
marriage
d. The subsequent marriage
would have been valid had
it not been for the existence
of the first.
e. Fraudulent intention.
 A man can be prosecuted and convicted for bigamy
even though the first marriage is null and void ab
initio unless the nullity of the first marriage was
declared by the court before the celebration of the
second marriage. For so long as there is no such
declaration of nullity of the first marriage by the
competent court, the party assumes the risk of being
prosecuted for bigamy.
 Not applicable where the parties merely signed the
marriage contract without marriage ceremony
performed by a duly authorized solemnizing officer.
The mere private act of signing a marriage contract
bears no semblance to a valid marriage and thus,
needs no judicial declaration of nullity.
 A subsequent marriage contracted by the accused
involuntarily cannot be the basis for conviction for
the crime of bigamy. However, if the accused is the
one who used the force and intimidation, he may not
use his own malfeasance to defeat the action for
bigamy based on his criminal act.
 If there is a judicial declaration of presumptive death,
the present spouse can remarry without violating the 7. Premature marriage
law on bigamy.
 In case of divorce obtained by a foreign spouse
capacitating him to remarry, the same right is given
to filipino wife wherein she is capacitated to remarry
although divorce in the Philippines is not a
recognized mode of terminating the marriage.
 Thus, pursuant to Manalo case, foreign divorce
decrees obtained to nullify marriages between a
Filipino and an alien citizen may already be
recognized in this jurisdiction, regardless of who
between the spouses initiated the divorce: provided, 1. Defamation
of course, that the party petitioning for the
recognition of such foreign divorce decree must
prove the divorce as a fact and demonstrate its
conformity to the foreign law allowing it.
 The gist of concubinage is cohabitating and
maintaining a mistress by a married man in violation
of his marital vow to the humiliation of his own wife.
 In crime of bigamy, both the first and second spouse
may be the offended parties depending on the
circumstances, as when the second spouse married
the accused without being aware of his previous
marriage, otherwise the she is liable for the same
crime as accomplice.
 The penalty for concubine is only destierro.
5. Illegal marriage
 Committed by any person who shall contract
marriage knowing that the requirements of the law
have not been complied with or that the marriage is
in disregard of a legal impediment provided that the
act is not constitutive of bigamy.
 Committed by a priest or minister of a religious
denomination or sect, or civil authorities who shall
perform or authorize an illegal marriage ceremony.
 Elements
a. Authority of the solemnizing
officer; and
b. His performance of an
illegal ceremony.
 In case where the authorized person to solemnize
marriage is absent and someone substitutes the
former and perform the function only attributed to
such authorized person, the one who performed it
shall be liable for usurpation of function and the real
person shall not be liable for performance of illegal
marriage ceremony. However, if the person
authorized who did not perform such ceremony
subsequently affixed his signature in the marriage
certificate shall be liable for falsification of public
document being untruthful in his declaration that he
actually performed the marriage ceremony.
 Considering that this crime is an intentional felony, it
must be committed by means of dolo. Hence, good
faith is a defense. A clergyman, who is not aware
that one of the contracting parties is a minor, is not
criminally liable for performing an illegal marriage
ceremony.
 Committed by a woman who shall contract
subsequent marriage within 301 days from death of
husband, or dissolution or annulment of marriage is
liable for the crime of premature marriage.
 However, RA 10655 decriminalizes premature
marriage since it discriminates women because the
provision is not applicable to men.
CRIMES AGAINST HONOR
 Libel is public ad malicious imputation of crime, or of
a vice or defect, real or imaginary, or any act,
omission, condition, status, or circumstance tending
to cause the dishonor, discredit, or contempt of a
natural or juridical person, or to blacken the memory
of one who is dead.
 If defamation is committed by means of writing,
printing, lithography, engraving, radio,
phonograph,painting, theatrical, exhibition,
cinematographic exhibition, or any similar means,
the crime is libel.
 If it is committed by oral means, the crime is slander
or oral defamation. It is committed by performance
of an act not punished as libel or slander, which
shall cast dishonor, discredit or contempt upon a
person, the crime is slander by deed.
 Elements:
a. The writing, utterance or
acts must be defamatory;
b. It must be malicious;
c. It must be given publicly;
and
d. The victim must be
identifiable
 An allegation is considered to defamatory if it
ascribes toa person the commission of a crime, the
possession of a vice or defect, real or imaginary, or
any act, omission, condition, status or circumstances
which tends to dishonor to discredit or put him in
contempt, or which tends to blacken the memory of
one who is dead.
 Malice is an element of libel or defamation
presupposes that the author of the imputation is
prompted by personal ill-will or spite and speaks not
in response to duty but merely to injure the
reputation of the person who claims to have deemed
defamed.
 Every defamatory imputation is presumed to be
malicious, even if it be true, if no good intention and
justifiable motive for making it is shown. When the
imputation of defamatory, the prosecution need not
to prove malice on the part of the defendant, for the
law already presumes that the defendant’s
imputation is malicious. Presumed malice is called
malice in law. The burden is on the side of the
defendant to show good intention and justifiable
motive on order to overcome the legal inference of
malice.
 The following circumstances will negate the
presumption of malice in a defamatory statement:
a. If there is good intention
and justifiable motive for
making it is shown;
b. If the defamatory statement
is a privileged
communication;
 If the defamatory imputation is covered by a
qualified privileged communication, defamatory
imputation is not presumed to be malicious. Hence,
the actual malice must be established beyond
reasonable doubt to prove the crime of libel or
defamation. Actual malice is also known as “malice
in fact”
 Writing to a person other than the person defamed is
sufficient to constitute publication, for the person to
whom the letter is addressed is a third person in
relation to its writer and the person defamed therein.
The wife of the person defamed is, in context, a third
person to whom the publication was made. Simply
put, there is publication if the defamatory statement
is communicated to a third person. What is material
is that a third person has read or heard the libelous
statement.
 To satisfy the requirement of identifiability, It must be
shown that at least a third person or a stranger was
able to identify the offended party as the object of
the defamatory statement.
2. Libel or written defamation
 Committed by any person who shall cause damage
and injury to another by means of writing, printing,
lithograph, engraving, radio, phonograph, painting,
theatrical exhibition, cinematographic exhibition, or
any similar means.
 Defamatory imputations, which are made not by
publication in the newspapers but by broadcast over
the radio constitute libel. The common characteristic
between publication in the newspaper and broadcast
over radio is that both are permanent in nature. This
rule holds true in case of libel by means of internet
and television.
 Any person who shall publish, exhibit, or cause to
publication or exhibition of any defamation in writing
or by similar means, shall be responsible for the
same. The author and editor of any newspaper and
books and literature shall be both responsible and
liable for the defamatory statements contained
therein.
 The criminal liability of the president of the company
that published the libelous articles is the same as
that of the author. The crime of libel would not even
be consummated without his participation as
publisher of the libelous article.
3. Cyber libel
 Committed by any person who shall cause damage
and injury to another by means of a computer
system or any other similar means which may be
devised in the future.
 For committing libel through the internet, he should
be prosecuted for libel under RPC with the qualifying
circumstance of use of information and
communications technologies under Cybercrime
law. Hence, the penalty shall be graduated one
higher degree.
 In sum, republication of a defamatory statement
constitute libel, which is separate and distinct from
the previous libel arising from the first publication of
the same defamatory statement. It is not a
continuing crime.
 It was held that the prescriptive period of one year
for libel shall commence to run from the day the
alleged libelous article was published.
4. Slander or oral defamation
 Committed by any person who utters defamatory
statement imputing upon the victim some crime, vice
or immorality which is malicious in character and in
public and caused damaged and injury upon
 person’s reputation, office, trade, business or means
of livelihood and standing in the community.
 Slander is a defamation committed but oral means,
instead of in writing.
 However, uttering defamatory words in the heat of
anger, with some provocation on the part of the
offended party or calling a judge a hypocrite and
land grabber in the heat of anger constitutes slight
slander. In case where the accused uttered
defamatory statement against the victim as a
product of an emotional outburst because of the gun
pointing incident is liable for simple slander.
 Putang ina mo are common expression in the dialect
that is often employed, not really to slander but
rather to express anger or displeasure. It is seldom,
if ever, taken in its literal sense by the hearer, that is,
as a reflection on the virutes of a mother. However,
if the statement “putang ina mo” is made not only to
express hate or displeasure but also to defame or
insult a person in front of several persons, the crime
is simple slander is committed.
 But if the words “putang ina” is accompanied with
the statement “papatayin kita” the crime committed
is threat.
 Publicity is an element of slander by deed since it is
a specie of the crime of defamation. Without
publicity, the crime committed is unjust vexation or
slight physical injuries.
 The utterance of the defamatory statement, which
was made once and referred to a family of lawyers
designated by their common surname, should be
regarded as only one offense.
 In case where the author writes defamatory
statements to two or more different persons in a
single article is liable as many counts of libel as
there are defamed persons. It cannot be considered
as single act that constitutes two or more grave or
less felonies which is the definition of complex
crime. There are two different and distinct
defamatory statements respectively addressed to
two persons.
 There are two kinds of privilege communications:
Absolute and Qualified privileged communications.
 Absolute privileged communications such as:
utterance made during session in congress or any
committee thereof; in any judicial proceeding
provided it is relevant and connected to the subject
matter, these includes pleadings and answers.
 Qualified privileged communication such as: Private
communication and fair and true reporting; fair
commentaries on matters of public interest.
 A private communication made by any person to
another in the performance of any legal, moral or
social duty is a qualified privileged communication.
Hence, defamatory imputation in it is not presumed.
 The text messages sent to third person that utters
defamatory words fall within the ambit of qualified
privilege communication since the third person has
the duty to protect her own interest and not out of
intention to injure the reputation .
 If the communication is made to a person, who has
no duty to address the concern, the elements of
malice and publicity will be considered as present.
 Fair comment means that while in general every
defamatory and public imputation is deemed false,
and every false imputation is deemed malicious,
nevertheless, when the defamatory imputation is
directed against a public person in his public
capacity, it is not necessarily actionable.
 In order that such defamatory imputation to a public
official may be actionable, it must be either be a
false allegation of fact or a comment based on a
false supposition.
 if the comment is an expression of opinion, based on
established facts, then it is immaterial that the
opinion happens to be mistaken, as long as it might
reasonably be inferred from the facts.
 The conduct, moral fitness, and ability of a public
official to discharge his duties are undoubtedly
matters of public interest.
 The commentary of aspirant of elective or appointive
position is a privileged communication even if the
comment is false or has not recklessly disregarded
knowing whether it is false or not.
 The defense of good motive and justifiable in
defamation will further strengthen by the proof of
truthfulness of the published defamatory imputation.
 Publishing that X is mentally retarded and making
fun out of his mental condition constitute the crime of
libel. Offering evidence that X is in fact mentally
retarded shall not be admitted. Without good motive
for publishing his mental condition, the defamatory
imputation, even though it is true, is presumed to be
malicious.
 Inc case of public official, with respect to facts
related to the discharge of their official duties shall
be admitted; and in such cases if the defendant
proves the truth of the imputation made by him, he
shall be acquitted. This rule holds true in case of
imputation of a crime and the imputation is function-
related act.
 Defensive libel is a defamatory imputation and
considered a valid defense if the subject was
intended to counteract the impression left in the
mind of the public by the defamatory imputation mad
by the complainant against the accused.
 Venue for written defamation:
a. Whether the offended party
is a public official or a
private person. the criminal
action may be filed in the
RTC of the province or the
city where the libelous
article is printed and first
published.
b. If the offended party is
private individual, the
criminal action may be also
filed in the RTC of the
province where he actually
resided at the time of the
commission of the offense;
 c. If the offended party is a
public officer whose office is
in Manila at the time of the
commission of the offense,
the action may be filed in
the RTC of Manila;
d. If the offended party is a
public officer holding office
outside Manila, the action
may be filed in the RTC of
the province or city he held
office at the time of the
commission of the offense.
 Libel or oral defamation involving the imputation of
private crime is also a private crime such as adultery
which cannot be prosecuted de oficio. On the other
hand, lebel or oral defamation involving imputation
of public crime such as rape, theft or prostitution is
also public crime, which can be prosecuted de oficio. 9. Intriguing against honor
5. Slander by deed
 Committed by any person who performs an act not
punishable as other crime against honor, which shall
cast dishonor, discredit, or contempt upon another
person.
 It is committed by actions rather than words. The
most common examples are slapping someone or
spitting on his/her face in front of the public market,
in full view of the crowd, thus casting dishonor,
discredit, or contempt upon the person of another;
pointing a dirty finger, which ordinarily connotes the
phrase “fuck you.”
 Publicity is an element of slander by deed since it is
a specie of libel. Without publicity, the crime
committed is either unjust vexation, maltreatment or
slight physical injuries.
6. Threatening to publish libel
 Threatening to publish libel Committed by
threatening another to publish a libel concerning him
or the parents, spouse, child, or other members of
his family.
 Offer to prevent publication of libel is committed by
offering to prevent publication of libel concerning him
or the parents, spouse, child, or other members of
his family for a compensation or money
consideration.
7. Prohibited publication
 Committed by a reporter, editor, or manager of a
newspaper, daily or magazine, who shall publish
facts connect with the private life of another and
offensive to the honor, virtue and reputation of said
person.
8. Incriminating an innocent person
 Committed by any person who shall perform an act
not constituting perjury, which directly incriminates
or imputes to an innocent person the commission of
crime.
 It refers to the acts of planting evidence and the like,
which do not in themselves constitute false
prosecution but tend directly to cause false
prosecution.
 If the incriminatory evidence planted is dangerous
drugs or unauthorized explosives, loose firearm, the
crime omitted is planting of evidence under
Dangerous Drugs Act, Anti-loose Firearm and
explosives Act.
 If the police officer arrested the victim without
probable cause for purposes of planting
incriminatory evidence and to make a judicial
delivery, the crime committed is incriminating an
innocent person though unlawful arrest.
 Persons who committed malicious prosecution can
be held liable for perjury, false testimony or offering
false testimony. In incriminating innocent person, the
act committed by the offender is to incriminate an
innocent person must not constitute perjury.
 Incriminatory machination includes incriminating an
innocent person and intriguing against honor.
 It is committed by intriguing a person, which has for
its principal purpose to blemish his honor or
reputation.
 Gossiping may constitute oral defamation or
intriguing against honor. If the gossiping directly
imputes to the offended party a crime or defamatory
condition, the crime committed is oral defamation. If
the gossiping imputes to the offended party a crime
or defamatory condition without knowing the source
thereof, the crime committed is intriguing against
honor.
CRIMINAL NEGLIGENCE
1. Negligence
 Imprudence is an act by reckless imprudence,
which, had it been intentional, would constitute a
grave felony, less grave felony, or light felony.
 Negligence is an act by simple imprudence or
negligence which would otherwise constitute a grave
felony or less serious felony or causing wrong by
simple imprudence or negligence which, if done
maliciously, would have constituted a light felony.
 Reckless imprudence consists in voluntary, but
without malice, doing or falling to do an act from
which material damage results by reason of
inexcusable lack of precaution of the part of the
person performing or failing to perform such act,
taking into consideration his employment or
occupation, degree of intelligence, physical condition
and other circumstances regarding persons, time
and place.
 Simple imprudence consists in the lack of precaution
displayed in those cases in which the damage
impending to be caused is not immediate nor the
danger clearly manifests.
 Upon catching his wife committing an act of infidelity
and in the heat of anger and emotional outburst the
accused fired his gun towards her paramour and
somebody was injured as a result, he may be held
liable for the crime of reckless imprudence resulting
 in physical injury. While it is true that inflicting
serious injury or death to his wife and her lover
constitutes an absolutory cause however he cannot
be said to be entirely without fault with respect to the
injury caused to the third person. He should ought to
know that firing a gun inside a hotel where people
congregate, the possibility that bullet may hit
somebody other than his wife and her paramour. In
this case, it is evident that he failed to observe
necessary precaution that is required in such
particular circumstance, time and place. Therefore, it
is submitted that the accused is criminally liable for
reckless imprudence resulting in serious physical
injuries.
 Expert testimony should have been offered to prove
that the circumstance cited by the courts below are
constitutive of conduct falling below the standard of
care employed by other physicians in good standing
when performing the same procedure. A physician is
presumed that he takes the necessary precaution
and employs the best of his knowledge and skill in
attending to his clients.