CRIMINAL LAW

1. BASIC PRINCIPLES (E.G., c. Principle of generality and its exceptions

TERRITORIALITY, ACTUS
Penal laws and those of public security and
REUS, MENS REA)
safety shall be obligatory upon all who live or
sojourn in the Philippine territory, subject to the
a. Mala In Se Vs. Mala Prohibita.
principles of international law and to treaty
stipulations. (Art. 14, Civil Code)
When the acts complained of are inherently
immoral, they are considered mala in se,
Recognized exceptions are:
regardless of whether they are punishable by
the Revised Penal Code (RPC) or by special
1. Principles of public international law;
laws. As such, criminal intent must be
established in conjunction with the elements of
2. Treaty stipulations;
the crime, otherwise no crime is committed.
Moreover, in mala in se, good faith or lack of
3. Laws of preferential application, such as RA
criminal intent is a defense and mitigating
75 which penalizes acts which would impair the
circumstances can be appreciated.
proper observance by the Republic and its
inhabitants of the immunities, rights, and
Mala prohibita, on the other hand, refers to acts
privileges of duly accredited foreign diplomatic
which are not inherently immoral, but become
representatives in the Philippines
punishable because they are forbidden by law.
(Note: RA 75 is not applicable if the foreign
• Related Jurisprudence/ Cases:
country adversely affected does not provide
similar protection to our diplomatic
ESTRADA V. SANDIGANBAYAN
representatives);
(G.R. No.148560, November 19, 2001)
GARCIA V. CA
4. Parliamentary immunity;
(G.R. No. 157171, March 14, 2006)
The sole issue is to determine whether the law
5. Public vessels or foreign friendly power;
had been violated, thus making criminal intent
And
immaterial. Good faith or lack of criminal intent
is not a defense and mitigating circumstances
6. Persons exempted from application of
cannot be appreciated unless the special law
Philippine criminal laws under international law
adopts the technical nomenclature of the
(such as Sovereigns and Chiefs of States,
penalties of the RPC.
Ambassadors, ministers plenipotentiary,
ministers residents, and charg  d'affaires)
b. Mens Rea
(REYES, Book One, supra at 13)

Mens rea is a guilty or wrongful purpose or

d. Principle Of Territoriality and its exceptions
criminal intent and is essential for criminal
liability. (People v Valenzuela, G.R. No. 160188,
The penal laws of the country have force and
June 21, 2007)
effect only within its territory.

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Art. 2 of the RPC provides that its provisions
shall be enforced outside the jurisdiction of the
Philippines against those who:
a. Should commit an offense while on a
Philippine ship or airship;
b. Should forge or counterfeit any coin or
currency or note of the Philippine Islands
or obligations and securities issued by
the Government of the Philippine Islands
c. Should be liable for acts connected with
the introduction into these islands of the
obligations and securities mentioned in
the preceding number;
d. While being public officers or employees,
should commit an offense in the exercise
of their functions; or
e. Should commit any of the crimes against
national security and the law of the
nations.
e. Principle of Prospectivity
Generally, penal laws can only punish acts
committed after its effectivity. Under Art. 21 of
the RPC, no felony shall be punishable by any
penalty not prescribed by law prior to its
commission.
As an exception, Art. 22 of the RPC provides
that there may be retroactive application insofar
as they favor the person guilty of a felony, who
is not a habitual criminal, although at the time of
the publication of such laws, afinal sentence has
been pronounced and the convict is serving the
same. (RPC, Art. 22)
f. Pro Reo Principle
It is a fundamental principle in the interpretation
of criminal laws which states that all doubts must
be resolved in favor of the accused. In dubio pro
reo. When in doubt, rule for the accused. This is
in keeping with the constitutional guarantee of
presumption of innocence (Art. III, Sec. 14(2),
1987 Const.)
However, note that the principle only applies
when the law is ambiguous and there is doubt
regarding its interpretation. Where the law is
clear and unambiguous, there is no room for the
rule to apply. (People v. Gatchalian, G.R.
No. L-12011-14, September 30, 1958)
g. Rule on the retroactive application of penal
laws if favorable to the accused.
The general rule is that a penal law that is
favorable or advantageous to the accused shall
be given retroactive effect [RPC, Art. 22]
However, retroactivity does not apply when:
1. The accused is a habitual delinquent as
defined under Rule 5 of Art. 62 (RPC, Art. 22);
or
2. The new law is expressly made
inapplicable to pending or existing actions.
2. JUSTIFYING, EXEMPTING,
MITIGATING, AGGRAVATING,
AND ALTERNATE
CIRCUMSTANCES
a. JUSTIFYING CIRCUMSTANCES
Those wherein the act of a person is said to be
in accordance with law, so that such person is
deemed not to have transgressed the law and is
free from both criminal and civil liability. There is
no civil liability, except in par. 4 of Article 11
where the civil liability is born by the persons
benefited by the act.
1. Self-Defense
2. Defense of Relatives
3. Defense of Strangers
4. Avoidance of greater evil or injury
5. Fulfillment of duty or lawful exercise of right
or office
6. Obedience to an order issued for some lawful
purpose (Art. 11, RPC)
7. Battered Woman Syndrome (R.A. No. 9262)
i. Burden of Proof
The burden of proof is on the accused
who must prove it by clear and
convincing evidence.
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 ii. Effect of Justifying Circumstance
There is both no crime and no criminal.
Self-Defense
Justified because of man’s natural instinct to
protect, repel, and save his person or rights from
impending danger or peril. It is based on
necessity and that impulse of self-preservation
born to man and part of his nature as a human
being. (Castanares vs CA)
i. Subjects of Self-Defense: (PPRH)
1. Defense of Persons
2. Defense of Property
3. Defense of Rights
4. Defense of Honor
ii. RULES IN SELF-DEFENSE
1. Retaliation is not a self-defense
a. In retaliation, the aggression
begun by the injured party already
ceased when the person invoking
self-defense attacked him.
b. When unlawful aggression
ceases, the defendant no longer
has the right to kill or even wound
the aggressor.
2. The attack made by the deceased and
the killing of the deceased by the
defendant should succeed each other
without appreciable interval of time.
3. The unlawful aggression must come
from the person who was attacked by the
person
invoking self-defense.
4. Nature, character, location, and extent
of the wound of the person invoking self-
defense allegedly inflicted by the injured
party may belie claim of self-defense.
5. Probability of the deceased being the
aggressor belies the claim of self-
defense.
Defense of relatives
The person making defense is prompted by
some noble or generous sentiment in protecting
and saving a relative.
Requisites:
a. Unlawful aggression to the relative of the
person invoking defense of relatives;
b. Reasonable necessity of the means
employed to prevent or repel it; and
c. In case the provocation was given by the
person attacked, the one making the defense
had no part therein.
Defense of strangers
Requisites:
a. Unlawful aggression to the stranger
defended;
NOTE: STRANGERS- refer to any
person not included in the enumeration of
relatives under par. 2 of Art. 11.
Damage to another includes injury to
persons and damage to property.
b. Reasonable necessity of the means
employed to prevent or repel it; and
c. The person defending is not induced by
revenge, resentment or other evil motives.
Avoidance of greater evil or injury
Requisites:
a. The accused does an act which causes
damage to another in order to avoid an evil or
injury which actually exists, and is not brought
about by the accused’s own acts;
● Evil sought to be avoided must not be
merely expected or anticipated or may
happen in the future.
● The state of necessity must not be
brought about by the accused himself
b. That the injury feared be greater than that
done to avoid it;
● An exercise of right is not an evil to be
justifiably avoided.
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c. That there be no other practical or less
harmful means of preventing it
● Greater evil must NOT be brought
about by the negligence or imprudence
or violation of law by the actor.
NOTE: It is only in this paragraph of Art. 11
where there is civil liability, BUT the civil liability
is borne by the persons benefited. [Art. 101] i.e.,
if firemen had to ram cars blocking their entry to
a burning building, the persons the firemen
would save from the fire bear the
civil liability.
Fulfillment of duty or lawful Exercise of right
or office
Requisites:
a. That the accused acted in the performance of
duty or in the lawful exercise of a right or office;
and
b. That the injury caused or the offense
committed by the necessary consequence of
the due performance of duty or the lawful
exercise of such right or office.
Obedience to an order issued for
Some lawful purpose
Requisites:
a. That an order has been issued by a superior;
b. That such order must be for some lawful
purpose; and
c. That the means used by the subordinate to
carry out said order is lawful.
Battered woman syndrome (BWS)
R.A. No. 9262, otherwise known as the “Anti-
Violence Against Women and their Children Act
of 2004”, provided the defense for the Battered
Women Syndrome which took effect on 27
March 2004.
Battered Woman- A woman who is repeatedly
subjected to any forceful physical or
psychological behavior by a man in order to
coerce her to submit to his bidding with no
concern for her rights.
● Includes wives or women in any form of
intimate relationship with men.
● Successfully invoking the Battered
Woman Syndrome will create the effect
of a circumstance of self-defense.
Requisites of BWS:
a. Each of the phases of the cycle of violence
must be proven to have characterized at least
two battering episodes between the appellant
and her intimate partner.
b. The final acute battering episode preceding
the killing of the batterer must have produced in
the battered person’s mind an actual fear of
imminent harm from her batterer and an honest
belief that she needed to use force in order to
save her life;
c. At the time of the killing, the batterer must
have posed probable -- not necessarily
immediate and actual -- grave harm to the
accused, based on the history of violence
perpetrated by the former against the latter.
b. EXEMPTING CIRCUMSTANCES
Rule: When the offender acts in accordance
with exempting circumstances during the
commission of the felony, he is exempt from
criminal liability but not the civil liability ex
delicto.
Exempting circumstances are those by virtue of
which, although the act is criminal, the law
exempts the actor from liability.
1. Imbecility or Insanity
2. Minority
a. Children who are 15 years of age or
under at the time of the commission of
the offense to an intervention program.
b. Children above 15 but below 18 who
acted without discernment. (Juvenile
Justice and Welfare Act, R.A. No. 9344)
3. Accident without fault or intention of causing
it
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4. A person who acts under the compulsion of
an irresistible force
5. Uncontrollable fear
6. Insuperable cause
IMBECILITY OR INSANITY
Imbecility- Exists when a person, while of
advanced age, has a mental development
comparable to that of a child below seven years
of age.
Insanity- Exists when there is a complete
deprivation of intelligence of freedom of the will.
Mere abnormality of mental faculties is not
enough especially if the offender has not lost
consciousness of his acts.
RULE
In imbecility or insanity, there must be a
complete deprivation of intelligence, reason and
discernment. The offender is exempted
because of complete absence of intelligence.
● Insanity and imbecility to be exempt
under Par 1, must be COMPLETE and
they cannot be graduated in degrees of
gravity. (Regalado, 2009)
● An insane person is not so exempt if it
can be shown that he acted during a lucid
interval BUT an imbecile is exempt in all
cases from criminal liability.
● Feeblemindedness is not exempting
but can be considered as mitigating.
● Somnambulism or sleepwalking must
be clearly proven to be considered as an
exempting circumstance under this
article.
● The fact that a person behaves in a
crazy manner is not conclusive of
insanity.
● “Crazy is not synonymous with the legal
terms “insane, “non compos
mentis,”“unsound mind,”“idiot,” or
“lunatic.''
MINORITY
Periods of Criminal Responsibility
1. Absolute irresponsibility — 15 years and
below (until 15th birthday)
2. Conditional responsibility — 15 years and 1
day to below 18 years (ages 15, 16 and 17).
3. Full responsibility — 18 years to 70 years
4. Mitigated responsibility — 15 years and 1 day
to 18 years, the offender acting with
discernment AND those over 70 years (senility).
In this case, it is a privileged mitigating
circumstance under Art. 68
Minors Exempt from Liability
1. Minors 15 years old or under (until 15th
birthday)
2. Minors over 15 (15 years and 1 day) and
under 18 (those aged 16 and 17) who did not act
with discernment;
3. In the crimes of prostitution, medicancy, and
sniffing rugby. Whether or not CICL has acted
with discernment (Sec. 58, Republic Act No.
9344).
ACCIDENT WITHOUT FAULT OR INTENTION
OF CAUSING IT
Accident- An occurrence that happens outside
the sway of our will, and although it comes about
through some act of our will, it lies beyond the
bounds of humanly foreseeable
consequences. Accident presupposes the lack
of intention to commit a wrong.
Elements:
a. A person is performing a lawful act;
b. With due care;
c. He causes injury to another by mere accident;
d. Without fault or intention of causing it.
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A PERSON WHO ACTS UNDER THE
COMPULSION OF AN IRRESISTIBLE FORCE
Elements : (PIT)
a. That the compulsion is by means of physical
force;
b. That the physical force must be irresistible;
and
c. That the physical force must come from a third
person.
NOTE:
● Passion and obfuscation cannot amount to
irresistible force.
● The force must be irresistible as to reduce the
actor to a mere instrument who acts not only
without will but against his will.
● The person who used the force or created the
fear is criminally and primarily civilly liable, but
the accused who performed the act involuntarily
and under duress is still secondarily liable. (Art.
101)
● The compulsion must be of such character as
to leave no opportunity to the accused for
escape or self-defense in equal combat.
UNCONTROLLABLE FEAR
Elements:
a. That the threat which causes the fear is of an
evil greater than, or at least equal to, that which
he is required to commit; and
● Presupposes that a person is
compelled
to commit a crime by another, but the
compulsion is by means of intimation or
threat, not force or violence.
b. That it promises an evil of such gravity and
imminence that an ordinary man would have
succumbed to it.
INSUPERABLE CAUSE
Elements:
a. That an act is required by law to be done;
b. That a person fails to perform such act; and
c. That his failure to perform such an act was
due to some lawful or insuperable cause.
Insuperable cause- A motive which has lawfully,
morally or physically prevented a person to do
what the law commands.
c. MITIGATING CIRCUMSTANCES
Those, if present in the commission of the crime,
serve to reduce the penalty, not to change the
nature of the crime.
1. Incomplete justifying or exempting
circumstances
2. Over 15 but under 18 years old, if there
is discernment or over 70 years old
3. No intention to commit so grave a
wrong
4. Provocation or Threat
5. Vindication of grave offense
6. Passion or obfuscation
7. Voluntary surrender and confession of
guilt
8. Physical defect of offender
9. Illness of the offender
10. Similar or analogous circumstances
Rationale: They are based on the diminution (as
opposed to complete absence) of either —
1. Freedom of action
2. Intent, or
3. Lesser perversity of the offender
INCOMPLETE JUSTIFYING OR EXEMPTING
CIRCUMSTANCES
General Rule: Treated as Ordinary Mitigating
Circumstance
Exception: Treated as Privileged Mitigating
Circumstance (If majority of the elements of the
justifying or exempting circumstance is present.)
● If the justifying or exempting
circumstances has an even (2, 4, etc.)
number of elements, half of it would
already constitute the majority.
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OVER 15 BUT UNDER 18 YEARS OLD, IF
THERE IS DISCERNMENT OR OVER 70
YEARS OLD
It is the age of the accused at the time of the
commission of the crime which should be
determined. His age at the time of the trial is
immaterial.
Legal Effects of Various Ages of Offender:
1. 15 and below - Exempting
2. Above 15 but under 18-
Exempting unless acted with discernment. But
even with discernment, penalty is reduced by
one (1) degree lower than that imposed. [Art. 68,
par. 2, amended by R.A. 9344]
3. Children in Conflict with Law under 18 years
of age who acted with discernment-Sentence
suspended. [Art. 192, PD 603 as amended by
PD 1179, referred to as Children in Conflict with
the Law under RA 9344]
Child in Conflict with the Law- A child who is
alleged as, accused of, or adjudged as having
committed an offense under Philippine laws.
4. 18 years or over- Full criminal responsibility.
5. 70 years or over- Mitigating, no imposition of
death penalty [Art. 47]; if already imposed,
execution of death penalty is suspended and
commuted. [Art. 83]
NO INTENTION TO COMMIT SO GRAVE A
WRONG
Rule for the Application:
This can be taken into account only when the
facts proven show that there is a notable and
evident disproportion between the means
employed to execute the criminal act and its
consequences.
● Intention, being an internal state, must
be judged by external acts.
● Intention may be ascertained by
considering:
1. The weapon used
2. The part of the body injured
3. The injury inflicted
4. The manner it is inflicted
NOTE:
● NOT applicable to felonies by negligence
● NOT applicable to felonies where intention is
immaterial
● NOT appreciated in cases where there is no
material harm done.
● Intent at the time of the commission of the
felony not during the planning stage should be
considered.
PROVOCATION OR THREAT
Provocation- Any unjust or improper conduct or
act of the offended party capable of exciting,
inciting or irritating any one.
Requisites:
a. The provocation must be sufficient;
Sufficient means adequate to excite a
person to commit the wrong and must
accordingly be proportionate to its
gravity.
As to whether or not the provocation is
sufficient, the following factors are to be
considered:
1. The act constituting the provocation.
2. The social standing of the person
provoked.
3. The place and time when the
provocation is made.
b. It must originate from the offended party;
c. The provocation must be personal and
directed to the accused; and must be immediate
to the act, or the commission of the crime.
“Immediate” means that no interval of
time should elapse between the
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 provocation and the commission of the
crime. (People vs Pagal)
VINDICATION OF GRAVE OFFENSE
Requisites:
a. That there be a grave offense done to the one
committing a felony, his spouse, ascendants,
descendants, legitimate, natural or adopted
brothers or sisters or relatives by affinity within
the same degrees; and
b. That the felony is committed in the immediate
vindication of such grave offense within a
reasonable amount of time
“Immediate” Allows for a lapse of time as
long as the offender is still suffering from
the mental agony brought about by the
offense to him.
“Grave offense” Includes any act that is
offensive to the offender or his relatives
and the same need not be unlawful.
PASSION OR OBFUSCATION
Rationale: When there are causes naturally
producing in a person a powerful excitement, he
loses his reason and self-control, thereby
diminishing the exercise of his will-power (US vs
Salandanan)
Requisites:
a. The accused acted upon an impulse so
powerful that it naturally produced passion or
obfuscation in him
b. The impulse arose out of the lawful
sentiments of the offender such that it was
created by unlawful or unjust acts by the
offended party.
NOTE: The defense must prove that the act
which produced passion or obfuscation took
place at a time not far removed from the
commission of the crime
Passion and obfuscation cannot be a mitigating
circumstance in a crime which is planned and
calmly meditated before its execution. It
presupposes a sudden impulse of natural and
uncontrollable fury in the “spur of the moment”
(People vs Pagal)
VOLUNTARY SURRENDER AND
CONFESSION OF GUILT
The paragraph contains two (2) mitigating
circumstances:
1. Voluntary surrender to a person in authority
or his agents.
2. Voluntary confession of guilt before the court
prior to the presentation of evidence for the
persecution.
NOTE: If both are present, there will be two
independent ordinary mitigating circumstances.
1. Voluntary Surrender
Requisites:
a. That the offender had not been actually
arrested.
b. That the offender surrendered himself to a
person in authority or to the latter’s agent;
and
“PERSON IN AUTHORITY“
One directly vested with jurisdiction
which is the power to govern and to
execute the laws, whether as an
individual or as a member of some court
or government corporation, board or
commission.
“AGENT OF A PERSON IN
AUTHORITY”
One who by direct provision of the law or
by election or by appointment by
competent authority is charged with the
maintenance of public order and
protection and security of life and
property and any person who comes to
the aid of a person in authority [Art. 152,
as amended by R.A. 1978]
c. That the surrender was voluntary.
● It must be spontaneous.
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● Intent of the accused to submit himself
unconditionally to the authorities must be either
because he acknowledges his guilt or he wishes
to save them the trouble and expense
necessarily incurred in his search and capture
the conduct of the accused determines the
spontaneity of the arrest.
2. Confession of Guilt
Requisites:
a. That the offender spontaneously confessed
his guilt
b. That the confession of guilt was made in open
court, that is, before the competent court that is
to try the case;
c. That the confession of guilt was made prior to
the presentation of evidence for the prosecution;
d. The offender must have confessed his guilt to
the crime charged in the information.
PHYSICAL DEFECT OF OFFENDER
When the offender is deaf and dumb, blind or
otherwise suffering from some physical defect,
restricting his means of action, defense or
communication with other.
The physical defect must relate to the offense
committed. (e.g. blindness does not mitigate
Estafa.) Dumb, Defined Lacking the power of
human speech
General Rule: All of the physical defects of the
offender must be proven that such defect
restricted his freedom of action and
understanding.
Exception: Complete blindness (BAR 2011)
Requisites:
a. That the offender is deaf and dumb, blind or
otherwise suffering some physical defect
b. Such defect restricts his means of action,
defense, or communications with his fellow
beings
c. The defect must relate to the crime committed
ILLNESS OF THE OFFENDER
Requisites:
a. That the illness of the offender must diminish
the exercise of his will-power; and
NOTE: This may cover illnesses of the mind,
body, nerves, or the moral faculty. (People vs
Francisco)
b. That such illness should not deprive the
offender of consciousness of his acts.
d. AGGRAVATING CIRCUMSTANCES
Those which, if attendant in the commission of
the crime, serve to increase the penalty without,
however, exceeding the maximum of the
penalty provided by law for the offense; or
changing the nature of the crime.
KINDS OF AGGRAVATING
CIRCUMSTANCES
1. GENERIC - Those that can generally apply to
all crimes.
These are the circumstances in Art. 14, par 1, 2,
3 (dwelling), 4, 5, 6, 9, 10, 14, 18, 19 and 20
(except by means of motor vehicles)
a. Advantage taken of public
position;
b. Contempt or insult of public
authority;
c. Crime committed in the dwelling of
the offended party;
d. Abuse of confidence or obvious
ungratefulness;
e. Place where crime is committed;
f. Nighttime, uninhabited place, or
brand;
g. Recidivism;
h. Habituality;
i. Craft, fraud, or disguise;
j. Unlawful entry;
k. Breaking of parts of the house;
l. Use of persons under 15 years of
age.
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2. SPECIFIC - Those which apply only to
particular crimes.
a. Disregard of rank, age, or sex due the
offended party in crimes against persons
and honor;
b. Abuse of superior strength in crimes
against persons, illegal detention,
robbery with rape, multiple rape, robbery
with homicide;
c. Means employed to weaken the defense
in crimes against persons and
sometimes in crimes against person and
property;
d. Treachery in crimes against persons;
e. Ignominy in crimes against chastity;
f. Cruelty in crimes against persons;
g. Band in crimes against property, crimes
against person, illegal detention, and
treason.
h. Use of unlicensed firearms in the murder
or homicide committed therewith.
Absorbed in rebellion, insurrection,
sedition, and attempted coup d’etat. [R.A.
8294]
3. QUALIFYING - Those that change the nature
of the crime.
a. Crime committed on the occasion of a
conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune.
b. Aid of armed or persons who insure or
afford impunity.
c. Price, reward, promise.
d. Crime committed by means of
inundation, fire, poison explosion,
stranding of a vessel or intentional
damage there, derailment of a
locomotive, or by the use of any other
artifice involving great waste and ruin.
e. Evident Premeditation
f. Abuse of Superior Strength or
Employment of means to weaken
defense
g. Treachery (Alevosia)
h. Crimes committed by means of motor
vehicle
i. Cruelty
4. INHERENT - Those which necessarily
accompany the commission of the crime,
therefore not considered in increasing the
penalty to be imposed, such as:
a. Evident premeditation in robbery, theft,
estafa, adultery and concubinage;
a. Abuse of public office in bribery;
b. Breaking of a wall or unlawful entry into a
house in robbery with the use of force
upon things;
c. Fraud in estafa;
d. Deceit in simple seduction;
e. Ignominy in rape.
These do not increase criminal liability or the
penalty.
Treachery (alevosia)
Treachery- Present when the offender commits
any of the crimes against persons, employing
means, methods or forms in the execution
thereof which tend directly and specially to
insure its execution, without risk to himself
arising from the defense which the offended
party might make.
Requisites of treachery:
a. That at the time of the attack, the victim was
not in a position to defend himself; and
b. That the offender consciously adopted the
particular means, method, or form of attack
employed by him.
TEST OF TREACHERY: not only the relative
position of the parties but, more specifically,
whether or not the victim was forewarned or
afforded the opportunity to make a defense or to
ward off the attack.
Rules regarding treachery:
a. Applicable only to crimes against
persons.
b. Means, methods or forms need not
insure accomplishment of crime.
c. The mode of attack must be consciously
adopted.
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 d. Treachery is taken into account even if
the crime against the person is
complexed with another felony involving
a different classification in the Code.
e. The suddenness of attack does not, of
itself, suffice to support a finding of
alevosia, even if the purpose was to kill,
so long as the decision was made all of a
sudden and the victim’s helpless position
was accidental.
f. Treachery must be appreciated in the
killing of a child even if the manner of
attack is not shown
g. Treachery is appreciated when the
accused employs means to render the
victim defenseless before the
commission of the crime, or to eliminate
the risk of defense on the part of the
offended party.

When must treachery is present:

● When the aggression is continuous, treachery
must be present in the BEGINNING of the
assault
● When the assault was not continuous, in that
there was interruption, it is sufficient that
treachery was present at the moment the fatal
blow was given.

Treachery absorbs: (CANACE)

1. Craft
2. Abuse of superior strength
3. Nighttime
4. Aid of armed men
5. Cuadrilla (“band”)
6. Employing means to weaken the defense

11
3. APPLICATION OF THE 7. Those granted with conditional
INDETERMINATE SENTENCE pardon by the president, but
subsequently violated the terms
LAW
thereof;
8. Those with a maximum term of
INDETERMINATE SENTENCE LAW (ISL) Act
imprisonment actually imposed
No. 4103 as amended by Act No. 4225
does not exceed 1 year;
9. Those sentenced to the penalty of
Concept of indeterminate sentence- is a
destierro or suspension only.
sentence with a minimum term and a maximum
term which the court is mandated to impose for
Illustration of Application of the Indeterminate
the benefit of a guilty person who is not
Sentence Law
disqualified therefore, when the maximum
imprisonment exceeds one (1) year. It applies
Under the Revised Penal Code:
to both violations of Revised Penal Code and
A penalty of reclusion temporal was imposed
special laws.
upon the individual X for committing homicide.
In sentencing a convict, there is a need for
There is a mitigating or aggravating
specifying the minimum and maximum periods
circumstance
of the indeterminate sentence. It is to prevent
the unnecessary and excessive deprivation of
● Maximum term – reclusion temporal which
liberty and to enhance the economic usefulness
should be imposed in the medium period. [Art
of the accused, since he may be exempted from
64 par. 1]
serving the entire sentence, depending upon his
behavior and his physical, mental and moral
● Minimum term – anywhere within the range of
record. The requirement of imposing an
prision mayor the penalty next lower from
indeterminate sentence in all
reclusion temporal.
criminal offenses whether punishable by the
RPC or by special laws, with definite minimum
There is one ordinary mitigating
and maximum terms, as the court deems proper
circumstance
within the legal range of the penalty specific by
the law, must be deemed mandatory.
● Maximum term - reclusion temporal, in its
minimum period, after considering the mitigating
WHEN BENEFIT OF THE ISL IS NOT
circumstance.
APPLICABLE:
1. Those sentenced with death
● Minimum term- anywhere within the range of
penalty, reclusion perpetua, or life
prision mayor without reference to any of its
imprisonment;
periods.
2. Those convicted of treason, or
conspiracy or proposal to commit
There is one aggravating circumstance
treason;
● Maximum term – reclusion temporal in its
3. Those convicted of misprision of
maximum period after considering the
treason, rebellion, sedition or
aggravating circumstance.
espionage;
● Minimum term anywhere within the range of
4. Those convicted of piracy;
prision mayor without reference to any of its
5. Habitual delinquents;
periods.
6. Those who have escaped from
confinement as a prisoner, or
evaded sentence;
12
Under special law/s:
Individual XI is convicted of illegal possession of
firearms, which is punishable by 1 year and 1
day to 5 years of imprisonment.

● Maximum term – shall not exceed 5 years as

fixed by law.

● Minimum term – shall not be less than the

minimum of 1 year and 1 day prescribed by said
law.

13
4. SERVICE OF SENTENCE
Three-fold rule in the execution and service
of sentence
When appliacable- The three-fold rule states
that the maximum duration of the sentence must
not be more than three-fold the length of time of
the most severe penalties imposed upon the
convict. No additional penalties may be inflicted
after the total of the imposed penalties equals
the maximum period, which shall not exceed 40
years. The three-fold rule only applies when the
sentence is at least 4 sentences. [RPC, art. 70]
Rule when the culprit has to serve two or
more penalties
The culprit has to serve the penalties
simultaneously if the nature of the penalties
permit them to do so. Otherwise, the order of
their respective severity shall be followed so that
they may be executed successively: Death;
Reclusion perpetua; Reclusion temporal;
Prision mayor; Prision correccional; Arresto
mayor; Arresto menor; Destierro; Perpetual
absolute disqualification; Temporary absolute
disqualification; Suspension from public office,
the right to vote and be voted for, the right to
follow a profession or calling; and Public
censure [RPC, Art. 70]
Probation Law
Definition of probation and the nature of an order
granting probation
Probation is a disposition under which a convict,
after conviction and sentence, is released
subject to the conditions imposed by the court
and to the supervision of a probation officer
[P.D. No. 968, Sec. 3 (1976), as amended by
R.A. No. 10707]
A probation is not a sentence, but rather a
suspension of the imposition of the sentence. It
partakes the nature of an interlocutory order,
which places the defendant under the
supervision of the Court for his reformation, to
be followed by a final judgment of discharge,
should the conditions of the probation be met, or
a final judgment of sentence, should the same
be violated [Baclayon v. Mutia, G.R. No.
L-59298, April 30, 1984]
Probation is not a right but a privilege subject to
the discretion of the court. The discretion is
exercised primarily for the benefit of society as
a whole and only secondarily for the personal
advantage of the accused. [Amandy vs. People,
G.R. No. L-76258, May 23, 1988]
Disqualified from being placed on probation
The benefits of the Probation Law
cannot be granted to those:
a. Sentenced to serve a maximum term of
imprisonment of more than 6 years;
b. Convicted of any crime against national
security;
c. Who have previously been convicted by
final judgment of an offense punished by
imprisonment of more than 6 months and
1 day and/or a fine of more than P1,000;
d. Who have been once under probation
under the provisions of the Probation
Law;
e. Who are already serving sentence at the
time the substantive provisions of the
Probation Law became applicable
pursuant to Section 33 thereof [P.D. No.
968, sec. 9 (1976)];
f. Convicted of drug trafficking or drug
pushing [R.A. 9165, sec. 24 (2002)];
g. Convicted of election offense under the
Omnibus Election Code [Omnibus
Election Code, sec. 261 (2001)];
h. Convicted of malicious reporting of
money laundering transaction [R.A. 9160
(2002), as amended by R.A. 9194 or the
Anti Money Laundering Act]; and Who
committed the crime of torture [R.A.
9745, sec. 16 (2009)].
Parole
Parole consists in the suspension of the
sentence of a convict after serving the minimum
term of the indeterminate penalty, without
14
granting a pardon, prescribing the terms upon
which the sentence shall be suspended. [Reyes,
Book 1]
PAROLE VS. CONDITIONAL PARDON
Parole may be granted after the prisoner has
served the minimum penalty. It is granted by the
Board of Pardons and Parole under the
provision of the Indeterminate Sentence Law
(ISL). Should the grant of parole be violated, the
convict cannot be prosecuted under Art. 159. He
can, however, be rearrested and reincarcerated
to serve the unserved portion of his original
penalty.
Meanwhile, conditional pardon may be granted
at any time after the final judgment. It is the
Chief Executive that grants conditional parole
under the provisions of the Administrative Code.
In case of violation, the convict may be ordered
rearrested or reincarcerated by the Chief
Executive or may be prosecuted under Art. 159.
[Reyes, Book 1]
5. EFFECT OF DEATH OF THE
ACCUSED
As to the criminal liability, the death of the
accused totally extinguishes his criminal liability
at any stage of the proceeding. [RPC, Art. 89]
As to the civil liability:
1. The death of the accused after arraignment
and during the pendency of the criminal action
shall extinguish the civil liability arising from the
delict.
However, the independent civil action instituted
under section 3 of this Rule or which thereafter
is instituted to enforce liability arising from other
sources of obligation may be continued against
the estate or legal representative of the accused
after proper substitution or against said estate,
as the case may be.
2. If the accused dies before arraignment, the
case shall be dismissed without prejudice to any
civil action the offended party may file against
the estate of the deceased. [Sec. 4, Rule 111,
Rules of Court]
15
6. CRIMES AGAINST PERSONS
ART. 246 PARRICIDE
Elements
a. A person is killed;
b. Deceased is killed by the accused; and
c. Deceased is the father, mother or child,
whether legitimate or illegitimate, or a legitimate
ascendant or descendant, or legitimate spouse
of the accused.
Essential Element Of Parricide
The key element in parricide is the relationship
of the offender with the victim. Ergo, the fact of
the relationship should be alleged in the
information. (People vs. Dalag)
The Relationship Of Other Ascendant Or
Descendant Must Be Legitimate
However, proof of legitimacy is not required if
the deceased is either the father, mother or the
child of the accused.(People vs. Euasbalido)
The killing of an adopted child even if adoption
confers on the adopted all the rights and
privileges of a legitimate child could not be
parricide. It is either murder or homicide.
The relationship, except the spouse, must be
in direct line and by blood.
The Child Should Not Be Less Than Three Days
Old
If the child killed by his parent is less than three
(3) days old, the crime is Infanticide. (Art. 255)
(Reyes) If the child is exactly three (3) days old,
the crime is parricide.
ART. 247. DEATH OR PHYSICAL INJURIES
INFLICTED UNDER EXCEPTIONAL
CIRCUMSTANCES
Elements
a. That a legally married person (or parent)
surprises his spouse (or his daughter under 18
years of age, and living with him) in the act of
committing sexual intercourse with another
person;
b. That he or she kills any or both of them of
inflicts upon any or both of them any serious
physical injuries in the act or immediately
thereafter; and
c. That he has not promoted or facilitated the
prostitution of his wife (or daughter) or that he or
she has not consented to the infidelity of the
other spouse. (People v. Talisic)
Although about one hour had passed between
the time the accused discovered his wife having
sexual intercourse with the victim and the time
the latter was killed, it was held that Article 247
was applicable, as the shooting was a
continuation of the pursuit of the victim by the
accused. (People vs. Abarca)
ART. 248. MURDER
Elements
a. A person was killed;
b. The accused killed him;
c. The killing is attended by any of the following
qualifying circumstance:
i. With treachery, taking advantage of
superior strength, with the aid of armed
men, or employing means to weaken the
defense, or of means or persons to insure
or afford impunity;
ii. In consideration of a price, reward or
promise;
iii. By means of inundation, fire, poison,
explosion, shipwreck, stranding of a
vessel, derailment or assault upon a
railroad, fall of an airship, by means of
motor vehicles, or with the use of any
other means involving great waste and
ruin;
iv. On occasion of any of the calamities
enumerated in the preceding paragraph,
or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic,
or any other public calamity;
v. With evident premeditation;
vi. With cruelty, by deliberately and
inhumanly augmenting the suffering of
16
 the victim or outraging or scoffing at his
person or corpse.
Rules for the application of the circumstances
which qualify the killing to murder
1. One attendant circumstance is enough to
qualify the crime as murder and any other will be
considered as generic aggravating.
2. When the other circumstances are absorbed
or included in one qualifying circumstance, they
cannot be considered as generic aggravating.
3. Any of the qualifying circumstances
enumerated in Article 248 must be alleged in the
information.
ART. 249. HOMICIDE
It is an unlawful killing of a person not
constituting murder, parricide or infanticide.
Elements
a. Person was killed;
b. Offender killed him without any justifying
circumstances;
c. Offender had the intention to kill, which is
presumed;
d. Killing was not attended by any of the
qualifying circumstances of murder, or by that of
parricide or infanticide.
Intent To Kill Is Conclusively Presumed When
Death Resulted
The law looks particularly to the material results
following the unlawful act and it holds the
aggressor responsible for all the consequences
thereof. (U.S. vs. Gloria)
ART. 263 SERIOUS PHYSICAL INJURIES
Ways of committing serious physical injuries
1. Beating;
2. Assaulting;
3. Wounding;
4. Administering noxious substances.
There must be an intent to injure. The offender
is always liable for the direct and logical
consequence thereof even though not intended.
This felony may be committed through
negligence.
Kinds Of Serious Physical Injuries
1. Where the injured person shall become
insane,
imbecile, impotent or blind;
2. Where the injured person –
a. loses the use of speech,
b. power to hear,
c. power to smell, or
d. lost an eye, a hand, foot, arm, leg or
use
of any such member or
e. become incapacitated for the work in
which he was theretofore habitually
engaged;
3. Where the injured person
a. become deformed, or
b. shall have lost any other part of his
body, or the use thereof, or
c. shall have been ill or incapacitated for
the performance of work in which he
was habitually engaged for more than 30
days;
4. Where the injured person shall have become
ill or incapacitated for labor for more than 30
days (but not more than 90 days), as a result of
the physical injuries inflicted.
ART. 265 LESS SERIOUS PHYSICAL
INJURIES
Elements
a. Offended party is –
i. incapacitated for labor for 10 days or
more (but not more than 30 days), or
ii. needs medical attendance for the same
period of time;
b. The physical injuries must not be those
described in the preceding articles.
Qualified As To Penalty
1. A fine not exceeding P 500.00, in addition to
arresto mayor, when:
i. There is a manifest intent to insult or
offend the injured person; or
ii. There are circumstances adding
17
 ignominy to the offense.
2. A higher penalty is imposed when the victim
either
i. The offender‘s parents, ascendants,
guardians, curators or teachers; or
ii. Persons of rank or person in authority
provided the crime is not direct assault.
These physical injuries are not covered in Art.
263 and 264.
ART. 266 SLIGHT PHYSICAL INJURIES AND
MALTREATMENT
Acts Punished
1. Physical injuries incapacitated the offended
party for labor from 1-9 days, OR required
medical attendance during the same period;
2. Physical injuries which did not prevent the
offended party from engaging in his habitual
work or which did not require medical
attendance (ex. Black-eye);
3. Ill-treatment of another by deed without
causing any injury (ex. Slapping but without
causing dishonor).
RAPE
ART. 266-A. RAPE: WHEN AND HOW
COMMITTED
ART. 266-B. RAPE: PENALTIES:
Acts Punished
1. Rape through sexual intercourse without
consent of the woman: (Traditional Rape)
ELEMENTS
a. Offender is a man;
b. Offender had carnal knowledge of a woman;
c. Such act is accomplished under any of the
following circumstances:
i. By using force, threat or intimidation;
ii. When the woman is deprived of reason
or is otherwise unconscious;
iii. By means of fraudulent machination or
grave abuse of authority;
iv. When the woman is under 12 years of
age (Statutory Rape) or is demented,
even though none of the circumstances
mentioned above are present
2. Rape Through Sexual Assault
ELEMENTS
a. Offender commits an act of sexual assault;
b. The act of sexual assault is committed by any
of the following means:
i. By inserting his penis into another person's
mouth or anal orifice of another person;
ii. By inserting any instrument or object into the
genital or anal orifice of another person.
c. The act of sexual assault is accomplished
under any of the following circumstances:
i. By using force or intimidation; or
ii. When the woman is deprived of reason
or otherwise unconscious; or
iii. By means of fraudulent machination or
grave abuse of authority; or
iv. When the woman is under 12 years of
age or demented.
Complete penetration is NOT necessary.
The slightest penetration—contact with the
labia—will consummate the rape (People v.
Campuhan).
There is no crime of frustrated rape.
Rape must have specific intent or lewd design.
A soldier raped a 19-year old student by poking
a knife on her neck. Only a portion of his penis
entered her vagina because the victim kept on
struggling until she was able to escape. The
accused was convicted of frustrated rape.
There is no crime of frustrated rape because in
rape, from the moment the offender has carnal
knowledge of the victim, he actually attains his
purpose, all the essential elements of the
offense have been accomplished. (People vs.
Orita)
18
7. CRIMES AGAINST PROPERTY
ROBBERY IN GENERAL
ART. 293 WHO ARE GUILTY OF ROBBERY
Robbery
It is the taking of personal property belonging to
another with intent to gain, by means of violence
against, or intimidation of any person or using
force upon anything.
Classification Of Robbery
1. Robbery with violence against, or intimidation
of persons. (Arts. 294, 297, 298)
2. Robbery by use of force upon things. (Arts.
299 & 302)
Elements Of Robbery In General
a. That there be personal property belonging to
another;
b. That there is unlawful taking of that property;
c. That the taking must be with intent to gain;
and
d. That there is violence against or intimidation
of any person or force upon things
“TAKING” Means depriving the offended party
of possession of the thing taken with the
character of permanency. Taking of personal
property need not be immediately after the
intimidation.
ROBBERY WITH VIOLENCE AGAINST
OR INTIMIDATION OF PERSONS
ART. 294 ROBBERY WITH VIOLENCE
AGAINST OR INTIMIDATION OF PERSONS
This article punishes robbery with homicide,
rape, intentional mutilation, arson, serious
physical injuries or with clearly unnecessary
violence. These offenses are known as special
complex crimes.
On the occasion and by reason mean that
homicide or serious physical injuries must be
committed in the course or because of the
robbery.
ACTS PUNISHED UNDER ART. 294
1. Robbery with homicide
2. Robbery with rape
3. Robbery with intentional mutilation
4. Robbery with arson
5. Robbery with serious physical injuries
6. Simple robbery
Robbery With Homicide
Elements
a. The taking of personal property with violence
or intimidation against persons
b. That the property taken belongs to another;
c. The taking was done with animo lucrandi; and
d. On the occasion of the robbery or by reason
thereof, homicide was committed. (People vs.
Baccay)
“Homicide” is used in its generic sense; it
incudes parricide and murder. Hence, there is
no Robbery with Murder as the crime is still
Robbery with Homicide.
Homicide may precede robbery or may occur
after robbery. What is essential is that the
offender must have intent to take personal
property before the killing.
The original criminal design of the offender must
be to rob, and the killing was perpetrated with a
view to the consummation of Robbery. Where
the offender’s intention to take personal
property of the victim arises as an afterthought,
where his original intent was to kill, he is guilty
of two separate crimes of homicide or murder,
as the case may be, and theft.
There is robbery with homicide even if the
person killed was a bystander and not the
person robbed or even if it was one of the
offenders. The law does not require the victim of
the robbery be also the victim of homicide.
Robbery with homicide exists even if the death
of the victim supervened by mere accident. It is
sufficient that a homicide resulted by reason or
on the occasion of the robbery.
19
Robbery With Rape
The offender must have the intent to take the
personal property belonging to another with
intent to gain, and such intent must precede the
rape.
All the robbers may be held liable for robbery
with rape even if not all of them committed the
crime of rape based on the concept of
conspiracy.
If the primary intent was to rape and the taking
away of the belongings of the victim was only a
mere afterthought, two separate felonies are
committed: Rape and Theft or Robbery (People
v. Naag)
Robbery With Intentional Mutilation
Robbery and intentional mutilation must both be
consummated to be classified as robbery with
intentional mutilation. There must be intent to
mutilate, for if mutilation merely resulted as a
consequence of the injury inflicted, the crime
would be robbery with serious physical injuries.
Robbery With Arson
In the case of robbery with arson, it is essential
that the robbery precedes the arson. There must
be intent to commit robbery and no killing, rape
or intentional mutilation should be committed in
the course of the robbery, or else, arson will only
be considered an aggravating circumstance of
the crime actually committed.
Robbery With Serious Physical Injuries
To be considered as Robbery with Physical
injuries, the injuries inflicted must be serious,
otherwise, they shall be absorbed in the
robbery. The person injured becomes deformed
or loses any other member of his body or loses
the use thereof or becomes ill or incapacitated
for the performance of the work in which he is
habitually engaged for labor for more than 90
days or the person injured becomes ill or
incapacitated for labor for more than 30 days.
However, if the less serious or slight physical
injuries were committed, that would constitute a
separate offense.
When by reason or on occasion of robbery the
physical injuries result in insanity, imbecility,
impotency, or blindness.
When by reason or on occasion of robbery, any
of the physical injuries resulting in the loss of the
use of speech, or the power to hear or to smell.
Simple Robbery
Involves slight or less serious physical injuries,
which are absorbed in the crime of robbery as
an element thereof.
Violence or intimidation may enter at any time
before the owner is finally deprived of his
property. This is so because asportation is a
complex fact, a whole divisible into parts, a
series of acts, in the course of which personal
violence or intimidation may be injected.
BRIGANDAGE
ART. 306 BRIGANDS – PENALTY
Elements
a. There be at least four armed persons;
b. They formed a band of robbers;
c. The purpose is any of the following:
i. To commit robbery in a highway; or
ii. To kidnap persons for the purpose of
extortion or to obtain ransom; or
iii. To attain by means of force or violence
any other purpose
Purpose: Mere formation is punished as the
main object of the law is to prevent the formation
of a band of robbers.
THEFT
ART. 308 WHO ARE LIABLE FOR THEFT
Elements
a. That there be taking of personal property;
b. That said property belongs to another;
20
c. That the taking be done with intent to gain;
d. That the taking be done without the consent
of the owner;
e. That the taking be accomplished without the
use of violence against or intimidation of
persons or force upon things.
Theft is complete from the moment the offender
had full possession of the thing, even if he did
not have an opportunity to dispose of the same.
[People v. Sevilla, G.R. No. 86163, (1990)]
Thus, there is no crime of frustrated theft.
A joyride in an automobile taken without the
consent of its owner constitutes "taking with
intent to gain" [People vs. Bustinera, G.R. No.,
148233, (2004)]
Instances Of Qualified Theft
1. If theft is committed by a domestic servant;
2. If committed with grave abuse of confidence;
3. If the property stolen is a motor vehicle, mail
matter, or large cattle;
4. If the property stolen consists of coconuts
taken from the premises of plantation;
5. If the property stolen is fish taken from a
fishpond or fishery;
6. If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any
other calamity, vehicular accident or civil
disturbance.
USURPATION
ART. 312 OCCUPATION OF REAL
PROPERTY OR USURPATION OF REAL
RIGHTS IN PROPERTY
Acts Punishable
1. Taking possession of any real property
belonging to another by means of violence
against or intimidation of persons
2. Usurping any real rights in property belonging
to another by means of violence against or
intimidation of persons.
Elements
a. That the offender takes possession of any
real property or usurps any real right in property;
b. That the real property or real rights belong to
another;
c. That violence against or intimidation of
persons is used by the offender in occupying
real property or usurping real property or
usurping real rights in property;
d. That there is intent to gain.
If no violence or intimidation, only civil liability
exists. Violence or intimidation must be the
means used in occupying real property or in
usurping real rights.
Criminal action for usurpation of real property is
not a bar to civil action for forcible entry.
SWINDLING AND OTHER DECEITS
ART. 315. SWINDLING (ESTAFA)
Elements In General
a. That the accused defrauded another by
abuse of confidence, or by means of deceit;
b. That damage or prejudice capable of
pecuniary estimation is caused to the offended
party or third persons
I. ESTAFA WITH UNFAITHFULNESS OR
ABUSE OF CONFIDENCE
Elements of Art. 315, No. 1 A
(A) ALTERING SUBSTANCE, QUANTITY OR
QUALITY OF OBJECT SUBJECT OF
OBLIGATION TO DELIVER
a. That the offender has an onerous
obligation to
deliver something of value;
b. That he alters its substance, quantity
or quality;
c. That damage or prejudice is caused to
another.
NOTE: Deceit is not an essential element of
estafa with abuse of confidence.
Estafa may even arise even if the thing delivered
is not subject of lawful commerce, such as
opium.
21
Elements of 315, No. 1 B
(B) MISAPPROPRIATION AND CONVERSION
a. That money, goods, or other personal
property be received by the offender in
trust, or on
commission, or for administration, or
under any other obligation involving the
duty to make delivery of, or to return, the
same;
b. That there be misappropriation or
conversion of such money or property by
the offender, or denial on his part of such
receipt;
c. That such misappropriation or
conversion or denial is to the prejudice of
another;
d. That there is demand made by the
offended party to the offender.
NOTE: Money, goods, or other personal
property must be received by the offender under
certain kinds of transaction transferring juridical
possession to him.
Juridical Possession
A possession which gives the transferee a right
over the thing which he may invoke even as
against the owner. When the delivery of a
chattel does not transfer juridical
possession/title, it is presumed that the
possession/title of the thing remained with the
owner.
The phrase “or under any obligation involving
the duty to make delivery of, or to return the
same” includes quasi-contracts and certain
contracts of bailment. The obligation to return
the thing must be contractual but without
transferring to the accused the ownership of the
thing.
3 Ways Of Committing Estafa With Abuse Of
Confidence Under Art. 315 No. 1 Par. B
1. Misappropriating the thing received.
2. Converting the thing received.
3. Denying that the thing was received.
There is no estafa through negligence.
Element of 315, No. 1 C
(C) Taking advantage of signature in blank
a. That the paper with the signature of the
offended party be in blank;
b. That the offended party should have
delivered it to the offender;
c. That above the signature of the
offended party a document is written by
the offender without authority to do so;
d. That the document so written creates
a liability of, or causes damage to the
offended party or any third person.
II. ESTAFA BY MEANS OF DECEIT
Elements Of 315, No. 2
a. That there must be false pretense, fraudulent
act or fraudulent means;
b. That such false pretense, fraudulent act or
fraudulent means must be made or executed
prior to or simultaneously with the commission
of fraud;
c. That the offended party must have relied on
the false pretense, fraudulent act, or fraudulent
means, that is, he was induced to part with his
money or property because of it;
d. That as a result thereof, the offended party
suffered damage.
The acts must be fraudulent. Acts must be
founded on deceit, trick, or cheat, and such must
be made prior to or simultaneously with the
commission of the fraud.
Elements Of 315, No. 2 A: Using Of Fictitious
Name Or False Pretenses
a. By using a fictitious name;
b. By falsely pretending to possess power,
influence, qualifications, property, credit,
agency, business or imaginary transactions;
c. By means of other similar deceits.
The false statement or fraudulent representation
of the accused must be made prior to, or, at
least simultaneously with the representation or
the delivery of the thing by the complainant.
22
Elements Of 315, No. 2 D: Postdating A Check
Or Issuing A Bouncing Check
1. That the offender postdated a check, or
issued a check in payment of an obligation;
2. That such postdating or issuing a check was
done when the offender had no funds in the
bank, or his funds deposited therein were not
sufficient to cover the amount of the check.
ARSON
When any person burns or sets fire to the
property of another; or to his own property under
circumstances which expose to danger the life
or property of another.
KINDS OF ARSON
1. Simple Arson (Sec. 1, PD No. 1613)
2. Destructive Arson (Art. 320, as amended by
RA No. 7659)
3. Other cases of arson (Sec. 3, PD No. 1613)
DESTRUCTIVE ARSON
1. Any ammunition factory and other
establishment where explosives, inflammable or
combustible materials are stored;
2. Any archive, museum, whether public or
private, or any edifice devoted to culture,
education or social services;
3. Any train, airplane or any aircraft, vessel or
watercraft, or conveyance for transportation of
persons or property;
4. Any church or place of worship or other
building where people usually assemble;
5. Any building where evidence is kept for use in
any legislative, judicial, administrative or other
official proceeding;
6. Any hospital, hotel, dormitory, lodging house,
housing tenement, shopping center, public or
private market, theater or movie house or any
similar place or building;
7. Any building, whether used as dwelling or not,
situated in a populated or congested area.
OTHER CASES OF ARSON
1. Any building used as offices of the
Government or any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil
well or mine shaft, platform or tunnel;
4. Any plantation, farm, pasture land, growing
crop or grain field, orchard, bamboo grove or
forest;
5. Any rice mill, sugar mill, or mill central;
6. Any railway or bus station, airport, wharf, or
warehouse.
DESTRUCTIVE ARSON VS. SIMPLE ARSON
The acts committed under Art. 320 of The
Revised Penal Code constituting Destructive
Arson are characterized as heinous crimes "for
being grievous, odious and hateful offenses and
which, by reason of their inherent or manifest
wickedness, viciousness, atrocity and perversity
are repugnant and outrageous to the common
standards and norms of decency and morality in
a just, civilized and ordered society."
On the other hand, acts committed under PD
1613 constituting Simple Arson are crimes with
a lesser degree of perversity and viciousness
that the law punishes with a lesser penalty. In
other words, Simple Arson contemplates crimes
with less significant social, economic, political
and national security implications than
Destructive Arson. (Buebos v. People)
EXEMPTION FROM CRIMINAL LIABILITY IN
CRIMES AGAINST PROPERTY
ART. 332. PERSONS EXEMPT FROM
CRIMINAL LIABILITY
Crimes Involved
1. Theft
2. Swindling (estafa)
3. Malicious Mischief
Persons Exempted
1. Spouses, ascendants and descendants, or
relatives by affinity on the same line;
2. The widowed spouse with respect to the
property which belonged to the deceased
spouse before the same shall have passed to
the possession of another;
3. Brothers and sisters and brother-in-law and
sister-in-law, if living together.
23
The law recognizes the presumed co-ownership
of the property between the offender and the
offended party.
There is no criminal liability, only civil.
The article applies to step-parents, adopted
parents, natural children, common-law spouses,
concubine and paramour.
8. CRIMES AGAINST LIBERTY
ART. 267 KIDNAPPING AND SERIOUS
ILLEGAL DETENTION
Where the person kidnapped or detained is a
minor and the accused is any of his parents,
there is no crime of kidnapping.
Elements
a. Offender is a private individual;
b. He kidnaps or detains another, or in any other
manner deprives the latter of his liberty;
c. The act of detention or kidnapping must be
illegal;
d. In the commission of the offense, any of the
following circumstances* is present (becomes
serious):
i. The kidnapping lasts for more than 3
days;
ii. it is committed simulating public
authority;
iii. Any serious physical injuries are
inflicted upon the person kidnapped or
detained or threats to kill him are made;
or
iv. The person kidnapped or detained is
a minor (except if parent is the offender),
female, or a public officer
* alternative not cumulative
Qualifying Circumstances
1. Purpose is to extort ransom;
2. When the victim is killed or dies as a
consequence of the detention;
3. When the victim is raped;
4. When victim is subjected to torture or
dehumanizing acts.
The offenders here are private individuals or
public officers acting in their private capacity. If
they are public officers, they are covered by the
crimes under Title 2.
Physical Detention Is Not Necessary
It is enough that the victim is under the complete
control of the perpetrators as in this case when
the Japanese victim had to rely on his abductors
for survival after he was tricked into believing
that the police was after him. It was also held in
this case that keeping a person as collateral for
payment of an obligation is kidnapping.
(People v. Tomio)
ART. 280 QUALIFIED TRESPASS TO
DWELLING
Elements
a. Offender is a private person;
b. He enters the dwelling of another;
c. Such entrance is against the latter’s will.
Two Forms Of Trespass
1. Qualified trespass to dwelling
This may be committed by any private person
who shall enter the dwelling of another against
the latter’s will. The house must be inhabited at
the time of the trespass although the occupants
are out. Or offender breaks in with force and
violence (Article 280).
2. Trespass to property
Offender enters the closed premises or fenced
estate of another; such close premises or
fenced estate is uninhabited; there is a manifest
prohibition against entering such closed
premises or fenced estate; and offender has not
secured the permission of the owner or
caretaker thereof (Article 281).
ART. 282 GRAVE THREATS
Acts Punished
1. Threatening another with the infliction upon
his person, honor or property or that of this
family of any wrong amounting to a crime and
demanding money or imposing any other
24
condition, even though not unlawful, and the
offender attained his purpose;
Elements
a. That the offender threatens another
person with the infliction upon the latter’s
person, honor or property, or upon that of
the latter’s family, of any wrong;
b. That such wrong amounts to a crime;
c. That there is a demand for money or
that any other condition is imposed, even
though not unlawful;
d. That the offender attains his purpose
2. Making such threat without the offender
attaining his purpose;
3. Threatening another with the infliction upon
his person, honor or property or that of his family
of any wrong amounting to a crime, the threat
not being subject to a condition.
Elements
a. That the offender threatens another
person with the infliction upon the latter’s
person, honor or property, or upon that of
the latter’s family, of any wrong
b. That such wrong amounts to a crime;
c. That the threat is not subject to a
condition
NOTE: The third type of grave threats must be
serious and deliberate; the offender must persist
in the idea involved in his threats. The threat
should not be made in the heat of anger.
ART. 283 LIGHT THREATS
Elements
a. Offender makes a threat to commit a wrong;
b. The wrong does not constitute a crime;
c. There is a demand for money or that other
condition is imposed, even though not unlawful;
d. Offender has attained his purpose or, that he
has not attained his purpose.
A person may be convicted of light threats if
although the harm threatened is not in the
nature of crime but there is a demand for money
or any other condition is imposed, even though
lawful.
Thus, if X would threaten Y, a physician, who is
not paying taxes to the Government to report to
the BIR unless said physician would come
across with P5,000, this crime is committed. The
threat to report to the BIR does not amount to a
wrong constituting a crime.
Blackmailing may be punished under Article
283.
ART. 285 OTHER LIGHT THREATS
Acts Punished
1. Threatening another with a weapon, or by
drawing such weapon in a quarrel, unless it be
in lawful self-defense;
2. Orally threatening another, in the heat of
anger, with some harm constituting a crime,
without persisting in the idea involved in his
threat;
3. Orally threatening to do another any harm not
constituting a felony.
ART. 286 GRAVE COERCIONS
Acts Punished
1. Preventive – Preventing another, by means of
violence, threats or intimidation, from doing
something not prohibited by law;
2. Compulsive – Compelling another, by means
of violence, threats or intimidation, to do
something against his will, whether it be right or
wrong.
Elements
a. A person prevented another from doing
something not prohibited by law, or
b. That he compelled him to do something
against his will; be it right or wrong;
c. The prevention or compulsion be effected by
violence, threats or intimidation control the will
of the offended party; and
d. The person that restrained the will and liberty
of another had not the authority of law or the
right to do so, or in other words, that the restraint
25
shall not be made under authority of law or in
the exercise of any lawful right.
ART. 287 LIGHT COERCIONS
Elements
a. Offender must be a creditor;
b. He seizes anything belonging to his debtor;
c. The seizure of the thing be accomplished by
means of violence or a display of material force
producing intimidation;
d. The purpose of the offender is to apply the
same to the payment of the debt.
The first paragraph deals with light coercions
wherein violence is employed by the offender
who is a creditor in seizing anything belonging
to his debtor for the purpose of applying the
same to the payment of the debt.
In the other light coercions or unjust vexation
embraced in the second paragraph, violence is
absent
Unjust Vexation
Any act committed without violence, but which
unjustifiably annoys or vexes an innocent
person amounts to light coercion. (People vs.
Gozum)
It should include any human conduct which,
although not productive of some physical or
material harm would, however, unjustifiably
annoy or vex an innocent person. It is
distinguished from grave coercion under the first
paragraph by the absence of violence.
Differences between coercion and threats
In coercion: (1) The threatened harm or wrong
is immediate and direct; (2) It cannot be
performed by means of an intermediary or in
writing; and (3) It is done personally on the
victim.
In threats, (1) The threatened harm or wrong is
future and conditional; (2) It may be performed
by means of an intermediary or in writing; and
(3) It may be directed against the victim or his
or her family [Boado, at 819].
9. CRIMES AGAINST PUBLIC
INTEREST
COUNTERFEITING COINS
ART. 163: MAKING AND IMPORTING
AND UTTERING FALSE COINS
Elements
a. Existence of false or counterfeited coins;
b. Offender made or imported or uttered such
coins;
c. In case of uttering such false coins, he
connived with counterfeiters or importers.
Counterfeiting means the imitation of a legal or
genuine coin. There is counterfeiting when a
spurious coin is made. There must be an
imitation of peculiar design of a genuine coin.
[US v. Basco, GR 2747, April 11, 1906]
ART. 166. NOTES AND OTHER
OBLIGATIONS THAT MAY BE FORGED OR
FALSIFIED UNDER
1. Treasury or bank notes;
2. Certificates;
3. Other obligations and securities payable to
bearer;
4. PNB checks are commercial documents and
are
not covered by Art. 166. (People v. Samson)
Forgery committed
a. By giving to a treasury or bank note or any
instrument payable to bearer or to order
mentioned therein, the appearance of a true and
genuine document; or
b. By erasing, substituting, counterfeiting, or
altering by any means the figures, letters, words,
or sign contained therein. [RPC, Art. 169]
FIVE CLASSES OF FALSIFICATION
a. Falsification of Legislative Documents [Art.
170]
b. Falsification of a document by a public officer,
employee, notary public, or ecclesiastical
minister [Art. 171]
26
c. Falsification of a public, official, or commercial
document by a private individual [Art. 172, par.
1]
d. Falsification of a private document by any
person [Art. 172, par. 2]
e. Falsification of wireless, telegraph, and
telephone messages [Art. 173]
FORGERY VS. FALSIFICATION
Forgery under Art 169 refers to the falsification
and counterfeiting of treasury or bank notes or
other instruments payable to bearer or order. On
the other hand, falsification is the commission of
any of the 8 acts mentioned in Art 171 on
legislative, public or official, commercial or
private documents. [Reyes, Book Two]
ART. 177: USURPATION OF AUTHORITY OR
OFFICIAL FUNCTIONS
Acts Punished
1. Usurpation of Authority
The mere act of knowingly and falsely
representing oneself to be an officer, agent or
representative of any departments of the
Government is sufficient to hold him liable. It is
not necessary that he performs an act pertaining
to a public officer. (People vs Bueza)
b. Pertaining to any person in authority or public
officer of the Philippine government or any
foreign government, or any agency thereof;
c. Under pretense of official position; and
d. Without being lawfully entitled to do so.
Good faith id a defense under Art. 177. In
prosecutions for usurpation of official functions,
good faith is recognized as a defense. [Ruzol v.
Sandiganbayan, G.R. Nos. 186739-960]
THREE FORMS OF FALSE TESTIMONY
a. False testimony in criminal cases [RPC, Arts.
180 and 181]
b. False testimony in civil cases [RPC, Arts. 182]
c. False testimony in other cases (perjury) [RPC,
Arts. 183]
Perjury
When a person falsely testifies under oath or
makes a false affidavit. However, note that the
false testimony should not be made in a judicial
proceeding. [US v. Estra a, G.R. No. 5751,
September 6, 2010]

Elements:
a. Offender knowingly and falsely represents
himself; and
b. As an officer, agent or representative of any
department or agency of the Philippine
government or of any foreign government.

● Mere representation is sufficient to be

punished, even without the subsequent acts.
2. Usurpation of Official Functions;
It is essential that the offender shall have
performed an act pertaining to a person in
authority or public officer under pretense of
official position without being lawfully entitled
thereto (People vs Bueza)

Elements:
a. Offender performs any act;

27
10. REPUBLIC ACT NO. 9262 (ANTI- Sexual Violence - refers to an act which is
VIOLENCE AGAINST WOMEN AND sexual in nature, committed against a woman or
her child. It includes, but is not limited to:
THEIR CHILDREN ACT OF 2004)
[RSP]
VAWC refers to any act or a series of acts which
a. Rape, sexual harassment, acts of
would result to or is likely to result in physical,
lasciviousness, treating a woman or her child as
sexual, psychological and economic harm or
a sex object, making demeaning and sexually
abuse, committed by any person against a
suggestive remarks, physically attacking the
person who is: [WF-DCC]
sexual parts of the victim's body, forcing her/him
a. His Wife,
to watch obscene publications and indecent
b. Former wife, or
shows or forcing the woman or her child to do
c. Woman with whom the person has or
indecent acts and/or make films thereof, forcing
had
the wife and mistress/lover to live in the conjugal
a sexual or Dating relationship, or
home or sleep together in the same room with
d. Woman with whom he has a Common
the abuser;
child, or
b. Acts causing or attempting to cause the victim
e. His Child whether legitimate or
to engage in any Sexual activity by force, threat
illegitimate, within or without the family
of force, physical or other harm or threat of
abode [Sec. 3(a)]
physical or other harm or coercion;
c. Prostituting the woman or child. [Sec. 3(a)(B)]
Women can also be liable under the law. These
are the lesbian partners/girlfriends or former
Psychological Violence - acts or omissions
partners of the victim with whom she has or had
causing or likely to cause mental or emotional
a sexual or dating relationship [Garcia vs. Drilon,
suffering of the victim such as but not limited to:
G.R. No. 179267, (2013)]
[HIS-PR-VIW-D]
a. Intimidation,
Dating relationship refers to a situation wherein
b. Harassment,
the parties:
c. Stalking,
a. Live as Husband and wife without the benefit
d. Damage to Property,
of marriage; or
e. Public Ridicule or humiliation,
b. Are Romantically involved over time and on a
f. Repeated Verbal abuse,
continuing basis during the course of the
g. Mental Infidelity,
relationship. [Sec. 3(e)]
h. Causing or allowing the victim to Witness the
physical, sexual or psychological abuse of a
Note: A casual acquaintance or ordinary
member of the family to which the victim
socialization between two individuals in a
belongs, or pornography in any form or to
business or social context is not a dating
witness abusive injury to pets or to unlawful or
relationship. [id]
i. Unwanted Deprivation of the right to custody
and/or visitation of common children [Sec.
On the other hand, sexual relations refer to a
3(a)(C)]
single sexual act which may or may not result
in the bearing of a common child. [Sec. 3(f)]
Economic abuse - Acts that make or attempt to
make a woman financially dependent which
TYPES OF VIOLENCE COVERED BY THE
includes, but is not limited to the following:
LAW
[WDDC]
Physical Violence - refers to acts that include
a. Withdrawal of financial support or preventing
bodily or physical harm [Sec. 3(a)(A)]
the victim from engaging in any legitimate
28
profession, occupation, business or activity,
except in cases wherein the other
spouse/partner objects on valid, serious and
moral grounds (in re: Art. 73, Family Code);
b. Deprivation or threat of deprivation of
financial resources and the right to the use and
enjoyment of the conjugal, community or
property owned in common;
c. Destroying household property;
d. Controlling the victims' own money or
properties or solely controlling the conjugal
money or properties. [Sec. 3(a)(D)]
DEPRIVATION OF FINANCIAL SUPPORT
Generally, it is punishable as a form of economic
violence under Sec. 5(e).
However, it may also be considered as a form of
psychological violence under Sec. 5(i) but
where the claim under the subsection is based
on denial of financial support, it must be shown
that the accused's denial thereof - which is, by
itself, already a form of economic abuse - further
caused mental or emotional anguish to the
woman-victim and/or to their common child.
[Melgar v. People, G.R. No. 223477, February
14, 2008]
Victim survivors who are found by the courts to
be suffering from battered woman syndrome do
not incur any criminal and civil liability
notwithstanding the absence of any of the
elements for justifying circumstances of self-
defense under the RPC [Sec. 26].
However, being under the influence of alcohol,
any illicit drug, or any other mind-altering
substance shall not be a defense under this Act
[Sec 27].
11. REPUBLIC ACT NO. 7610
(SPECIAL PROTECTION OF
CHILDREN AGAINST ABUSE,
EXPLOITATION, AND
DISCRIMINATION ACT)
CHILDREN
Those who are:
a. Below 18 years of age
b. Over 18 years of age but unable to fully
take care of themselves or protect
themselves from abuse, neglect, cruelty,
exploitation or discrimination because of
a physical or mental disability or
condition. [Sec 3(a)]
CHILD ABUSE
R.A. 7618 defines child abuse as the
maltreatment, whether habitual or not, of the
child which includes the following: [ADUM]
a. Psychological and physical Abuse, neglect,
cruelty, sexual abuse, and emotional
maltreatment;
b. Any act by deeds or words which Debases,
degrades or demeans the intrinsic worth and
dignity of a child as a human being;
c. Unreasonable deprivation of his basic needs
for survival, such as food and shelter, or
d. Failure to immediately give Medical treatment
to an injured child resulting in serious
impairment of his growth and development or in
his permanent incapacity or death.
Note: Child abuse is committed, not
serious/slight physical injuries as punished by
Art 266 if the victim is a child. [Sanchez v.
People, G.R. No 179090 (2011)]
OFFENDERS
[FIP]
1. Those who engage in or promote, Facilitate
or induce child prostitution which include, but
are not limited to, the following: [PIATM]
a. Acting as a Procurer of a child
prostitute;
b. Inducing a person to be a client of a
child prostitute by means of written or
29
 oral advertisements or other similar
means;
c. Taking Advantage of influence or
relationship to procure a child as
prostitute;
d. Threatening or using violence towards
a child to engage him as a prostitute; or
e. Giving Monetary consideration goods
or other pecuniary benefit to a child with
intent to engage such child in prostitution.
2. Those who commit the act of sexual
Intercourse of lascivious conduct with a child
exploited in prostitution or subject to other
sexual abuse;
3. Those who derive Profit or advantage
therefrom, whether as manager or owner of the
establishment where the prostitution takes
place, or of the sauna, disco, bar, resort, place
of entertainment or establishment serving as a
cover or which engages in prostitution in
addition to the activity for which the license has
been issued to said establishment. [Sec. 5]
SEXUAL ABUSE UNDER THE ACT AND RAPE
UNDER THE RPC, DOUBLE JEOPARDY
The offender cannot be accused of both crimes
for the same act because his right against
double jeopardy will be prejudiced. [People v.
Abay, G.R. No 177752 (2009)]
12. REPUBLIC ACT NO. 11313
(SAFE SPACES ACT)
Catcalling is making unwanted remarks towards
a person, commonly done in the form of wolf-
whistling and misogynistic, transphobic,
homophobic, and sexist slurs [Sec. 3(a)]
Gender-based Online Sexual Harassment
These are online conduct targeted at a
particular person that causes or likely to cause
another mental, emotional or psychological
distress, and fear of personal safety, sexual
harassment acts including [UTURCO]:
a. Unwanted sexual remarks and comments,
b. Threats,
c. Uploading or sharing of one’s photos without
consent,
d. video and audio Recordings,
e. Cyberstalking and
f. Online identity theft [Sec. 3(e)]
PUNISHABLE ACTS UNDER THIS LAW
a. Gender-Based Streets and Public Spaces
Sexual Harassment [Sec 11 in relation to Sec.
4]
b. Gender-Based Online Sexual Harassment
[Sec. 12]
c. Qualified Gender-Based Streets, Public
Spaces and Online Sexual Harassment [Sec.
15]
d. Gender Based Sexual Harassment in the
Workplace [Sec. 16]
e. Gender-Based Sexual Harassment in
Educational and Training Institutions [Sec. 21]
Gender-Based Streets and Public Spaces
Sexual Harassment
[UA]
a. Any Unwanted and uninvited sexual actions
or remarks against any person regardless of the
motive for committing such action or remarks
b. These cover any Advances, whether verbal
or physical, which are unwanted and have
threatened one’s sense of personal space and
physical safety, and are committed in public
spaces. [Sec. 4]
30
Specifically, these acts include:
a. Cursing; wolf whistling; catcalling; leering
and intrusive gazing; taunting; unwanted
invitations; misogynistic, transphobic,
homophobic, and sexist slurs; persistent
unwanted comments on one’s
appearance; relentless requests for
one’s personal details (such as name,
contact and social media details or
destination); the use of words, gestures,
or actions the ridicule on the basis of sex,
gender, or sexual orientation, identity
and/or expression including sexist,
homophobic, and transphobic
statements and slurs; the persistent
telling of sexual jokes; use of sexual
names, comments and demands; and
any statement that has made an invasion
on a person’s personal space or
threatens a person’s sense of personal
safety
b. Making offensive body gestures at
someone; and exposing private parts for
the sexual gratification of the perpetrator
with the effect of demeaning, harassing,
threatening or intimidating the offended
party including flashing of private parts,
masturbation, groping, and similar lewd
sexual actions
physically or through the use of
technology, that has or could have a
detrimental effect on the conditions of an
individual’s employment or education, job
performance or opportunities;
b. Conduct of sexual nature and other
conduct-based on sex affecting the
dignity of a person, which is unwelcome,
unreasonable, and offensive to the
recipient, whether done verbally,
physically or through the use of
technology;
c. A conduct that is unwelcome and
pervasive and creates an intimidating,
hostile, or humiliating Environment for
the recipient, provided that the crime of
gender-based sexual harassment may
also be committed between peers and
those committed to a superior officer by
a subordinate, or to a teacher by a
student, or to a trainer by a trainee [Sec.
16]

c. Stalking; and

d. Any of the acts mentioned in (a) and (b)

accompanied by touching, pinching, or
brushing against the body of the offended
person; or any touching, pinching or
brushing against the genitalia, face,
arms, anus, groin, breasts, inner thighs,
buttocks, or any part of the victim’s body
even when not accompanied by the act
mentioned in (a) and (b) [Sec. 11]

Gender Based Sexual Harassment in the

Workplace: [ACE]
a. Act or series of acts involving any
unwelcome sexual Advances, requests
or demand for sexual favors or any act of
sexual nature, whether done verbally,
31
13. REPUBLIC ACT NO. 10173
(DATA PRIVACY ACT OF 2012)
A data subject refers to an individual whose
personal, sensitive personal or privileged
information is processed [Sec. 3(c)]
RIGHTS OF A DATA SUBJECT
a. Right to be informed
b. Right to object to the processing of his or her
personal data, including processing for direct
marketing, automated processing or data
profiling.
c. Right to access
d. Right to rectification
e. Right to erasure or blocking
f. Right to data portability
g. Right to the transmission of rights of the
data subject [Divina, 2021]
LIMITATIONS OF THE RIGHTS OF DATA
SUBJECT
The rights of a data subject shall not be
applicable if the processed personal data are
used only for the needs of scientific and
statistical research and, on the basis of such, no
activities are carried out and no decisions are
taken regarding the data subject: Provided, that
the personal data shall be held under strict
confidentiality and shall be used only' for the
declared purpose. The said sections are also
not applicable to the processing of personal
data gathered for the purpose of investigations
in relation to any criminal, administrative or tax
liabilities of a data subject. Any limitations on the
rights of the data subject shall only be to the
minimum extent necessary to achieve the
purpose of said research or investigation
[Divina, 2021]
PROTECTION AFFORDED TO JOURNALISTS
AND THEIR SOURCES
Nothing in this Act shall be construed as to have
amended or repealed the provisions of RA No.
53, which affords the publishers, editors or duly
accredited reporters of any newspaper,
magazine or periodical of general circulation,
protection from being compelled to reveal the
source of any news report or information
appearing in said publication which was related
in any confidence to such publisher, editor, or
reporter [Sec. 5].
PERSONAL INFORMATION (PI)
Refers to any information whether recorded in a
material form or not, from which the identity of
an individual is apparent or can be reasonably
and directly ascertained by the entity holding the
information, or when put together with other
information would directly and certainly identify
an individual. [Sec. 3(g)]
On the other hand, SENSITIVE PERSONAL
INFORMATION includes information: [RHGE]
a. About an individual’s Race, ethnic origin,
marital status, age, color, and religious,
philosophical or political affiliations;
b. About an individual’s Health, education,
genetic or sexual life of a person, or to any
proceeding for any offense committed or alleged
to have been committed by such person, the
disposal of such proceedings, or the sentence
of any court in such proceedings;
c. Issued by Government agencies peculiar to
an individual which includes, but not limited to,
social security numbers, previous or current
health records, licenses or its denials,
suspension or revocation, and tax returns; and
d. Specifically established by an Executive order
or an act of Congress to be kept classified. [Sec.
3(l)]
There is LARGE-SCALE COMMISSION when
the personal information of at least 100 persons
is harmed, affected or involved as the result of
the above mentioned actions, in which case, the
maximum penalty in the scale of penalties
respectively provided for the preceding offenses
shall be imposed [Sec. 35]
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EXTRATERRITORIAL APPLICATION
The Act applies to an act done or practice
engaged in and outside of the Philippines by an
entity if: [PLO]

1. Act, practice or processing relates to Personal

information about a Philippine citizen or a
resident;

2. Entity has a Link with the Philippines, and the

entity is processing personal information in the
Philippines or even if the processing is outside
the Philippines as long as it is about Philippine
citizens or residents such as, but not limited to,
the following: [CJB]

a. Contract is entered in the Philippines;

b. Juridical entity unincorporated in the
Philippines but has central management
and control in the country; and
c. An entity that has a Branch, agency,
office or subsidiary in the Philippines and
the parent or affiliate of the Philippine
entity has access to personal
information; and

3. The entity has Other links in the Philippines

such as, but not limited to: [BI]
a. The entity carries on Business in the
Philippines; and
b. The personal Information was
collected or held by an entity in the
Philippines. [Sec. 6]

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