UP LAW BOC PRE-WEEK

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UP LAW BOC PRE-WEEK

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UP LAW BOC PRE-WEEK

TABLE OF CONTENTS
CRIMINAL LAW I ...........................................1
A. Basic Principles ............................... 1
B. Circumstances Affecting Criminal
Liability ....................................................... 3
C. Application of the Indeterminate
Sentence Law .......................................... 17
D. Service of Sentence ...................... 18
E. Effect of Death of the Accused ......... 23
CRIMINAL LAW II ........................................24
F. Crimes Against Persons ................... 24
G. Crimes Against Property ............... 27
H. Crimes Against Personal Liberty and
Security .................................................... 32
I. Crimes Against Public Interest.......... 35
J. RA 9262 (Anti-Violence Against
Women and Children Act of 2004) ........... 38
K. RA 7610 (Special Protection of
Children Against Abuse, Exploitation, and
Discrimination Act) ................................... 42
L. RA 11313 (Safe Spaces Act) ............ 45
M. RA 10173 (Data Privacy Act of 2012)
49
ELEMENTS AND PENALTIES TABLE .......54
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CRIMINAL LAW I
A. Basic Principles
1. Mala in se and Mala prohibita
1. Distinguish mala in se from mala
prohibita.
Answer: When the acts complained of are
inherently immoral, they are considered mala
in se, regardless of whether they are
punishable by the Revised Penal Code (RPC)
or by special laws. As such, criminal intent
must be established in conjunction with the
elements of the crime, otherwise no crime is
committed. Moreover, in mala in se, good faith
or lack of criminal intent is a defense and
mitigating circumstances can be appreciated.
Mala prohibita, on the other hand, refers to acts
which are not inherently immoral, but become
punishable because they are forbidden by law.
The sole issue is to determine whether the law
had been violated, thus making criminal intent
immaterial. Good faith or lack of criminal intent
is not a defense and mitigating circumstances
cannot be appreciated unless the special law
adopts the technical nomenclature of the
penalties of the RPC. [Estrada v.
Sandiganbayan, G.R. No.148560, November
19, 2001; Garcia v. CA, G.R. No. 157171,
March 14, 2006]
2. Differentiate motive from intent.
Answer: Motive is the moving power which
impels one to action for a definite result. Intent,
on the other hand, is the purpose to use a
particular means to effect such result. Motive
alone is not proof of a crime. In order to tip the
scales in its favor, intent and not motive must
be established by the prosecution. Accordingly,
lack of motive does not preclude conviction
when the crime and the participation of the
accused therein are definitely established.
[People v. Ballesteros, G.R. No. 120921,
January 29, 1998]
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CRIMINAL LAW
Motive becomes relevant and its absence may
assume determinative significance when the
accused has not been positively identified, and
proof thereof becomes essential only when
evidence of the commission of the crime is
purely circumstantial or is inconclusive.
[People v. Sarino, G.R. Nos. 94992-93. April 7,
1993]
3. What is mens rea?
Answer: Mens rea is a guilty or wrongful
purpose or criminal intent and is essential for
criminal liability. [People v Valenzuela, G.R.
No. 160188, June 21, 2007]
2. Scope and Characteristics
1. What are the three cardinal features of
Philippine Criminal Law?
Answer: Criminal law in the Philippines is (1)
general, (2) territorial, and (3) prospective.
(REYES, The Revised Penal Code, Book One
(2017), p.1) [hereinafter, REYES, Book One]
2. What is the principle of generality and
what are its exceptions?
Answer: Penal laws and those of public
security and safety shall be obligatory upon all
who live or sojourn in the Philippine territory,
subject to the principles of international law and
to treaty stipulations. [Art. 14, Civil Code]
Recognized exceptions are:
1. Principles of public international law;
2. Treaty stipulations;
3. Laws of preferential application, such as
RA 75 which penalizes acts which would
impair the proper observance by the
Republic and its inhabitants of the
immunities, rights, and privileges of duly-
accredited foreign diplomatic
representatives in the Philippines (Note:
RA 75 is not applicable if the foreign
country adversely affected does not
provide similar protection to our diplomatic
representatives.) [Art. 14 Civil Code; Art. 2
RPC];
4. Parliamentary immunity [Art. VI, Sec. 11 of
the 1987 Constitution];
UP LAW BOC PRE-WEEK
5. Public vessels or foreign friendly power;
and
6. Persons exempted from application of
Philippine criminal laws under international
law (such as Sovereigns and Chiefs of
States, Ambassadors, ministers
plenipotentiary, ministers residents, and
chargé d'affaires) [REYES, Book One,
supra at 13].
3. What is the principle of territoriality and
what are its exceptions?
Answer: The penal laws of the country have
force and effect only within its territory [REYES,
Book One, supra at 13].
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 [RPC
163 & 166];
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.
4. What are the rules governing crimes
committed aboard foreign merchant
vessels while in the territorial waters of
another country?
Answer: The rules as to jurisdiction over such
crimes include the French and English rules.
The Philippines adheres to the English Rule
[REYES, Book One, supra at 29] which states
that such crimes are generally triable in the
courts of the country within whose territory they
were committed, unless they only affect the
internal management of the vessel [People v.
Wong Cheng, G.R. No. L-18924, October 19,
1922].
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CRIMINAL LAW
5. What is the principle of prospectivity?
Answer: 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, a
final sentence has been pronounced and the
convict is serving the same. [RPC, Art. 22]
6. What is the rule on bill of attainder and
ex post facto law?
Answer: The Constitution provides that no ex
post facto law or bill of attainder shall be
enacted. [Art. III, Sec. 22, Const.]
A bill of attainder inflicts punishment without
trial, substituting a legislative act for a judicial
determination of guilt [People v. Ferrer, G.R.
No. L-32613-14, December 27, 1972].
On the other hand, an ex post facto law is one
which: [CA-PERP]
1. Makes Criminal an act otherwise legal prior
to the passage of the law;
2. Aggravates a crime, or makes it greater
than when it was committed;
3. Changes the Punishment, and inflicts one
greater than the one prescribed by the law
annexed to the crime when committed;
4. Changes the rules of Evidence, and allows
for conviction upon less or different
testimony from the one required by the law
at the time of the commission of the
offense;
5. Assumes to Regulate civil rights and
remedies only, but in reality imposes a
penalty or deprivation of a right for
something which when done was lawful;
and
6. Deprives the accused of some lawful
protection to which he has become entitled,
such as Protection from a former conviction
or a proclamation of amnesty [In Re: Kay
Villegas Kami, G.R. No. L-32485, October
22, 1970]
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3. Interpretation of Penal Laws
1. What is the pro reo principle?
Answer: 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].
2. How does the doctrine of pro reo apply
to Art. 48 (Penalty for Complex Crimes)
of the RPC?
SUGGESTED ANSWER: Following the
doctrine of pro reo, crimes under Art. 48 of the
RPC are complexed and punished with a single
penalty (that uses the penalty for the most
serious crime to be imposed in its maximum
period). The rationale behind this is that the
accused who commits two crimes with a single
criminal impulse demonstrates lesser
perversity than when the crimes are committed
by different acts and several criminal intents
[People v. Comadre, G.R. No.153559, June 8,
2004].
3. What is the rule of lenity?
Answer: When the court is faced with two
possible interpretations of a penal statute, one
that is prejudicial to the accused and another
that is favorable to him, that which is more
favorable to the accused should be applied.
[Ient v. Tullet Prebon, G.R. No. 189158,
January 11, 2017].
4. What is the equipoise doctrine?
Answer: When the evidence of the prosecution
and the defense are equally balanced, the
scale should be tilted in favor of the accused,
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CRIMINAL LAW
according to the constitutional presumption of
innocence. [Tin v. People, G.R. No. 126480,
August 10, 2001]
4. Retroactive Application if
Favorable to the Accused
1. What is the rule on the retroactive
application of penal laws if favorable to
the accused?
Answer: 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.
B. Circumstances Affecting
Criminal Liability
1. Justifying Circumstances
1. What are justifying circumstances?
Answer: These are acts of a person said to be
in accordance with law, such that a person is
deemed not to have transgressed the law.
Such person is free from both criminal and civil
liability, except in the case of par. 4 of Article
11 of the RPC (avoidance of greater evil),
where the civil liability is borne by the persons
benefited by the act in proportion to the benefit
they may have received [RPC Art. 11; RPC Art.
101].
In so pleading, the accused admits to the
commission of acts which would otherwise lead
to criminal liability. However, he has the burden
of proof in proving the existence of such
justifying circumstance and if he successfully
proves the same then he is justified in his
actions. [Velasquez v. People, GR. No.
195021, March 15, 2017].
UP LAW BOC PRE-WEEK CRIMINAL LAW

2. Enumerate the justifying circumstances and their elements

Requisites of Each Circumstance [D3AFS]:

JUSTIFYING
REQUISITES
CIRCUMSTANCE
1. Unlawful aggression;
Defense of person,
2. Reasonable necessity of means employed to prevent or repel it; and
right, property, or honor
3. Lack of sufficient provocation on the part of the person defending
(URL)
himself.
1. Unlawful aggression;
Defense of relatives 2. Reasonable necessity of means employed to prevent or repel it; and
(URN) 3. Lack of sufficient provocation on part of relative, or, in case of
provocation, the one making the defense had No part therein.
1. Unlawful aggression;
2. Reasonable necessity of the means employed to prevent or repel it;
Defense of strangers
and
(URI)
3. The person defending was not Induced by revenge, resentment or
other evil motive.
1. Evil sought to be avoided actually Exists.
2. Evil or injury must Not have been produced by the one invoking the
Avoidance of greater
justifying circumstances.
evil (ENIM)
3. Injury feared be greater than that done to avoid it; and
4. There are no other practical and less harmful Means of preventing it.
1. Offender acted in Performance of duty or in the lawful exercise of a
Fulfillment of duty or right or office; and
lawful exercise of right 2. The injury caused or the offense committed be the Necessary
(PN) consequence of the due performance of duty or the lawful exercise of
such right or office.
1. Order must have been issued by a superior;
Obedience to Superior
2. The order is for some lawful Purpose; and
order (OPM)
3. Means used to carry it out must be lawful.

3. What does “reasonable necessity” in
self-defense require?
Answer: Reasonable necessity does not mean
absolute necessity. It is necessary to judge the
relative necessity in accordance with the rules
of rational logic. [Jayme v. People, G.R. No.
124506, September 9, 1999].
The test in determining whether or not the
means employed is reasonable and necessary
will depend upon the nature and quality of the
weapon used by the aggressor, his physical
condition, character, size and other
circumstances, and those of the person
defending himself, and also the place and
occasion of the assault [People v. Nacnac,
G.R. No. 191913, March 21, 2012].
4. Who are the relatives covered under the
justifying circumstance of “defense of
relatives”?
Answer: The relatives of the accused pertain
to his spouse, ascendants, descendants, or
legitimate, natural or adopted brothers or
sisters, or his relatives by affinity in the same
degrees, or relatives by consanguinity within
the fourth civil degree [RPC, Art. 11(2)].
5. Who are the strangers covered under
the justifying circumstance of “defense
of stranger”?
Answer: Any person not included in the
enumeration of relatives mentioned in
paragraph 2 of Article 11 of the RPC. [Reyes
Book One, supra at 200]

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6. What are the kinds of unlawful twice [People v. Genosa, G.R. No. 135981,
aggression? January 15, 2004].

Answer: (1) Actual or material unlawful 9. What is the “cycle of violence”?

aggression means an attack with physical force
or with a weapon, an offensive act that
positively determines the intent of the
aggressor to cause the injury. (2) Imminent
unlawful aggression means an attack that is
impending or at the point of happening; it must
not consist in a mere threatening attitude, nor
must it be merely imaginary, but must be
offensive and positively strong (like aiming a
revolver at another with intent to shoot or
opening a knife and making a motion as if to
attack). [People v. Olarbe, G.R. No. 227421,
July 23, 2018]
7. What is the battered woman syndrome?
Answer: “Battered Woman Syndrome” refers
to a scientifically defined pattern of
psychological and behavioral symptoms found
in women living in battering relationship as a
result of cumulative abuse [R.A. 9262,
otherwise known as the “Anti-Violence Against
Women and Their Children Act of 2004”, Sec.
3(c)].
8. Who is a battered woman?
Answer: It pertains to a woman who is
repeatedly subjected to any forceful physical or
psychological behavior by a man in order to
coerce her to do something he wants her to do
without concern for her rights. Battered women
include wives or women in any form of intimate
relationship with men. Furthermore, in order to
be classified as a battered woman, the couple
must go through the battering cycle at least
Answer: The battered woman syndrome is
characterized by the so-called “cycle of
violence” which has three phases: (1) the
tension-building phase; (2) the acute battering
incident; and (3) the tranquil, loving (or, at least,
non-violent) phase [People v. Genosa, G.R.
No. 135981, January 15, 2004].
10. What is the liability of a “Battered
Woman”?
Answer: Victim-survivors who are found by the
courts to be suffering from battered woman
syndrome do not incur any criminal civil liability
notwithstanding the absence of any of the
elements for justifying circumstances of self-
defense under the RPC [R.A. 9262, Sec. 26].
2. Exempting Circumstances
1. What is the consequence if there are
attendant exempting circumstances?
Answer: A person acting under any of the
exempting circumstances commits a crime but
cannot be held criminally liable therefor. The
exemption from punishment stems from the
complete absence of intelligence or free will in
performing the act [People v. Pantoja, G.R. No.
223114, November 29, 2017]. However, the
person is still civilly liable except in the case of
accident or insuperable cause. [RPC, Art. 101]

2. Enumerate the exempting circumstances and their elements.

Requisites of Each Circumstance [IMDAI-UI]:

EXEMPTING
REQUISITES
CIRCUMSTANCE
Insanity or imbecility Imbecile or insane person did not act during lucid interval
Minority; Without 1. Accused is 15 years old and Below; or
Discernment 2. Accused is Between 15 and 18 years old, and he acted Without
(15B-Bet1518WD) Discernment.
1. A person is performing a Lawful act;
Accident (LDAW) 2. Act was done with Due care;
3. He causes an injury to another by mere Accident; and

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4. Without fault or intention of causing it.

1. There is compulsion is by means of Physical force;
Irresistible force
2. Physical force must be Irresistible; and
(PIT)
3. Physical force must come from a Third person
1. Existence of an uncontrollable fear
Uncontrollable fear
2. Fear must be Real and Imminent.
(ERIGE)
3. Fear of an injury is Greater than or Equal to that committed.
1. That an act is Required by law to be done;
Insuperable or lawful 2. That a person Fails to perform such act;
cause (RFLi) 3. That his failure to perform such act was due to some Lawful or
insuperable cause.

3. What is imbecility? 7. Distinguish Irresistible force from

Answer: An imbecile is one who, while
advanced in age, has a mental development
comparable to that of children between two and
seven years of age. Within the meaning of
Article 12, he must be deprived completely of
reason or discernment and freedom of will at
the time of committing the crime [People v.
Cayetano, G.R. Nos. 112429-30, July 23,
1997].
4. When is there insanity?
Uncontrollable Fear.
Answer: As to the offender’s act, in Irresistible
Force the offender uses violence or physical
violence as a compelling factor considering that
“an immediate and actual danger of death or
great bodily harm must be present” [People v.
Villanueva, G.R. No. L-9529, August 30, 1958],
while in Uncontrollable Fear the offender uses
a threat so grave and imminent “that the
common run of men would succumb” [U.S. v.
Elicanal, G.R. No. L-11439, October 28, 1916].

Answer: Insanity exists when there is a
complete deprivation of intelligence, reason, or
discernment, at the time of, or immediately
preceding, the commission of the crime
[People v. Salvador, Sr., G.R. No. 223566,
June 27, 2018].
5. Is feeblemindedness an exempting
circumstance?
Answer: No, because the offender could
distinguish right from wrong. Such may
nevertheless be appreciated as a mitigating
circumstance provided for in either paragraph
8 or paragraph 9 of Article 13 [People v.
Formigones, G.R. No. L-3248, November 29,
1950].
6. What is discernment?
Answer: Discernment is the mental capacity to
understand the difference between right and
wrong [Dorado v. People, G.R. No. 216671,
October 3, 2016].
As to whom the offender’s act is directed, in
Irresistible Force the act must be done directly
to the person of the accused due to the
immediacy of the danger and lack of
opportunity for escape or self-defense [People
v. Villanueva, G.R. No. L-9529, August 30,
1958], while in Uncontrollable Fear such may
be generated by a threatened act to a 3rd
person, such as one’s family, “if the threat is of
such imminence as to preclude any chance at
escape.” [People v. Saldaña, G.R. No. 148518,
April 15, 2004].
As to the act feared, in Irresistible Force, for the
injury feared to be sufficient there must be an
immediate and actual danger of death or great
bodily harm [People v. Villanueva, G.R. No. L-
9529, August 30, 1958; People v. Sarip, 88
SCRA 666], while in Uncontrollable there is a
stringent requirement that the evil feared must
be greater or at least equal to the damage the
threatened is compelled to cause [U.S. v.
Elicanal, G.R. No. L-11439, October 28, 1916].

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3. Mitigating Circumstances minimum period if the penalty is divisible, while

1. What are mitigating circumstances?
Answer: Mitigating circumstances are those
which, if present in the commission of the
crime, do not entirely free the actor from
criminal liability, but serve only to reduce the
penalty [REYES, Book One, supra at 258].
2. Distinguish ordinary mitigating
circumstances from privileged
mitigating circumstances.
Answer: As to effect on liability, ordinary
mitigating circumstances, if not offset, cause
the penalty provided by law to be in its
privileged mitigating circumstances cause the
penalty to be one or two degrees lower than
that provided by law [RPC Art. 64; RPC 68-69].
As to offsetting, ordinary mitigating
circumstances are susceptible of being offset
by any aggravating circumstance, while
privileged mitigating circumstances cannot be
offset [RPC Art. 64; RPC 68-69]. As to source,
ordinary mitigating circumstances are
enumerated in subsections 1 to 10 of RPC
Article 13, while privileged mitigating
circumstances are found under subsection 1 of
Article 13, in relation to RPC Articles 68, 69,
and 64 if there are two or more ordinary
mitigating circumstances without any generic
aggravating circumstance.

3. Enumerate the mitigating circumstances and their elements.

Requisites of Each Mitigating Circumstance [IAN-SIP-VDI]:

MITIGATING
REQUISITES
CIRCUMSTANCE
Incomplete justification/ A majority, but not all, elements of justifying and exempting circumstances
exemption are present
Offender is above fifteen but below eighteen years of age; or
Age
That the offender is over seventy years of age.
[NED]
No intention to commit
There is Notable and Evident Disproportion between the means
so grave a wrong
employed to execute the criminal act and its consequences.
[SOPDI]
1. Provocation must be Sufficient
Sufficient provocation 2. It must Originate from the offended party
or threat 3. It must be Personal and Directed to the accused
4. 4. It must be Immediate to the act, i.e., to the commission of the crime
by the person who is provoked
[G(CR)VN]
1. That there be a Grave offense done to the one Committing the felony,
his spouse, ascendants, descendants, legitimate, natural or adopted
brothers or sisters, or Relatives by affinity within the same degree.
Immediate vindication
2. That the felony is committed in Vindication of such grave offense. A
of a grave offense
lapse of time is allowed between the vindication and the doing of the
grave offense.
3. The vindication need Not be done by the person upon whom the
grave offense was committed.
[IPA(US)L]
1. The accused acted upon an Impulse.
2. The impulse must be so Powerful that it naturally produces passion
Passion or obfuscation
or obfuscation in him.
3. That there be an Act, both Unlawful and Sufficient to produce such
condition of mind; and

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4. That said act which produced the obfuscation was not far removed
from the commission of the crime by a considerable Length of time,
during which the perpetrator might recover his normal equanimity.
Voluntary Surrender: [NA-SV]
1. Offender had Not been actually Arrested.
2. Offender Surrendered himself to a person in authority or to the latter’s
agent.
3. Surrender was Voluntary.
Voluntary surrender or
Plea of Guilt Plea of Guilt: [SOP]
1. Offender Spontaneously confessed his guilt.
2. Confession of guilt was made in Open court, that is, before the
competent court that is to try the case; and
3. Confession of guilt was made Prior to the presentation of evidence for
the prosecution.
[DDBO ADCR]
1. The offender is:
a. Deaf and Dumb
b. Blind, or
c. Otherwise suffering from some physical defect which restricts his
Physical defects
means of:
i. Action
ii. Defense, or
iii. Communication with his fellow beings
2. Physical defect must have a Relation to the commission of the crime
Illness of the offender: [D(WP)ND(C)]
Illness 1. Must Diminish the exercise of his Will-Power.
2. Should Not Deprive the offender of Consciousness of his acts.

4. When does incomplete justifying

circumstance apply?
Answer: Article 13(1) applies when some, but
not all the requisites necessary to justify the act
or to exempt the accused from criminal liability
are attendant. It is required, however, that the
majority of the requisites are present [People v.
Ulep, G.R. No. 132547, September 20, 2000;
RPC Art. 69].
5. What is the effect of an incomplete
justifying circumstance?
Answer: The incomplete justifying
circumstance is a special or privileged
mitigating circumstance, which, not only cannot
be offset by aggravating circumstances, but
also reduces the penalty by one or two degrees
than that prescribed by law. This is provided
that the majority of the conditions for the
circumstance are present [People v. Ulep, G.R.
No. 132547, September 20, 2000; RPC Art.
69].
The courts shall impose the penalty in the
period which may be deemed proper, in view of
the number and nature of the conditions of
exemption present or lacking. [RPC, Art. 69]
6. What is indispensable for incomplete
self-defense, defense of a relative, and
defense of a stranger to prosper?
Answer: The presence of unlawful aggression
is a condition sine qua non, as there can be no
self-defense -- complete or incomplete --
unless the victim has committed an unlawful
aggression against the person defending
himself [People v. Ulep, G.R. No. 132547,
September 20, 2000]
7. Can a child who is above 15 but below
18 years old, who acted with
discernment, be held criminally liable?
Answer: YES. RA 9344 provides that a child
above fifteen years but below eighteen years of

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age who acted with discernment shall not be
exempted from criminal responsibility.
However, the child may undergo a diversion
which is an alternative process for treatment
and determining responsibility. If this fails, or
other grounds are present, the child shall
undergo preliminary investigation and
subsequently, trial [Dorado v. People, G.R. No.
216671, October 3, 2016].
8. What is the reckoning period for the
age, in determining whether the penalty
should be lowered?
Answer: The age of the offender at the time of
the commission of the crime shall be
considered.
9. What is the rule on the length of time
regarding obfuscation?
Answer: The act producing the obfuscation
must not be far removed from the commission
of the crime by a considerable length of time,
during which the accused might have
recovered his equanimity [People v. Gelaver,
G.R. No. 95357, June 9, 1993].
10. What is praeter intentionem?
Answer: There is praeter intentionem when
there is no intention to commit a grave so
wrong. [Bitoy v. Rafale, G.R. No. 213792, June
22, 2015]. It is a mitigating circumstance which
may be applied when the means employed is
notably and evidently disproportionate with the
consequences thereof. [Ocampo v. People,
G.R. No. 242911 (Notice), March 11, 2019]
11. Is a plea of guilty to a lesser offense
than that charged considered as a
mitigating circumstance?
Answer: No. An offer to enter a plea of guilty
to a lesser offense cannot be considered a
mitigating circumstance because to be
voluntary, the plea of guilty must be to the
offense charged [People v. Dawaton, G.R. No.
146247, Sept. 17, 2002].
12. What are the privileged mitigating
circumstances under the RPC?
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CRIMINAL LAW
Answer: The following are the privileged
mitigating circumstances under the RPC:
a. When the offender is a minor under above
15 years of age but below 18 years of age
who acted with discernment (RPC, art. 68)
b. When the crime committed is not wholly
excusable (RPC, art. 69)
c. When there are two or more mitigating
circumstances and no aggravating
circumstance, the court shall impose the
penalty next lower to that prescribed by
law, in the period that it may deem
applicable, according to the number and
nature of such circumstances (RPC, 64,
par. 5)
d. Voluntary release of the person illegally
detained within 3 days without the offender
attaining his purpose and before the
institution of the criminal action (RPC, art.
268, par. 3)
e. Abandonment without justification by the
offended spouse in case of adultery; and
(RPC, art. 333, par. 3)
f. Concealing dishonor in case of infanticide
(RPC, art. 255, par.2)
13. What are examples of analogous
mitigating circumstances?
Answers:
a. Stealing because of extreme poverty is
considered as analogous to incomplete
state of necessity. [People v. Macbul, G.R.
No. 48976 (1943)]
b. Over 60 years old with failing sight is
considered as analogous to over 70 years
of age mentioned in par. 2. [People v.
Reantillo, G.R. No L-45685 (1938)]
c. Voluntary restitution of stolen goods is
considered as analogous to voluntary
surrender. [People v. Luntao, 50 O.G.
1182]
d. Impulse of jealous feelings is considered as
analogous to passion and obfuscation.
[People v. Libria, G.R. No. L-6585 (1954)]
e. Testifying for the prosecution, without
previous discharge is considered as
analogous to a plea of guilty. [People v.
Navasca, G.R. No. L-29107 (1977)]
f. Voluntarily taking a stolen cow back to the
authorities to save them the time and effort
of looking for the cow is considered as
UP LAW BOC PRE-WEEK CRIMINAL LAW

analogous to voluntary surrender. [Canta v. the same effect as generic aggravating

People, G.R. No. 140937 (2001)]
4. Aggravating Circumstances
1. What are aggravating circumstances?
Answer: Aggravating circumstances are those
which, if attendant in the commission of the
crime, increase the penalty to the maximum
period, without going beyond the maximum
penalty.
2. What are the different kinds of
aggravating circumstances?
Answer:
1. Generic –those that can generally apply to
all crimes. When attendant, they increase
the imposable penalty to the maximum
period of that which is prescribed. They can
be offset by ordinary mitigating
circumstances [RPC Arts. 63 & 64].
2. Specific – these circumstances apply only
to specific felonies. They can be offset by
generic mitigating circumstances and have
circumstances (e.g., cruelty, which is
applicable only to crimes against persons).
3. Qualifying – those that change the nature
of the crime and thus do not only affect the
penalty imposed. When acts are attended
by qualifying aggravating circumstances,
they serve to make those acts punishable
under a different provision of the RPC
[RPC, Art. 62(1)].
4. Inherent - those that are considered an
element of the offense. Thus, if they form
an integral part in the commission of a
crime, they are not appreciated as
aggravating circumstances (see RPC Art.
14). Thus, they generally do not increase
the penalty [RPC, Art. 62(2)]. (e.g., abuse
of confidence in qualified seduction or
qualified theft).
5. Special - those which arise under special
conditions to increase the penalty of the
offense; cannot be offset by mitigating
circumstances. (e.g., Membership in an
organized/syndicated crime group [RPC,
Art. 62 (1)(a)], Quasi-recidivism [RPC, Art.
160], Complex crimes [RPC, art. 148]

3. What are the aggravating circumstances under Article 14 of the RPC?

Requisites of Aggravating Circumstances [PuCoRDAOP NiCARHAP IECSTIU BUMOC]:

Aggravating
Requisites
Circumstance
[PIPAM]
Par. 1. Taking 1. Offender is a Public Officer
advantage of Public 2. Such officer used the Influence, Prestige or Ascendancy which his
office office gives him
3. The same was used as Means by which he realizes his purpose.
[ENOKP]
1. Public authority is Engaged in the exercise of his functions.
Par. 2. In Contempt of 2. Public authority is Not the person against whom the crime is
or with insult to public committed.
authorities 3. Offender Knows him to be a public authority.
4. His Presence has not prevented the offender from committing the
criminal act.
[RASD]
1. Insult or disregard was made on account of:
Par. 3. With insult or
a. Rank – designation or title used to fix the relative position of the
lack of regard due to
offended party in reference to others. There must be a difference
offended party by
in the social condition of the offender and offended party
reason of Rank, age, or
b. Age – May refer to old age or tender age of the victim.
sex
c. Sex – Refers to the female sex [Reyes, Book 1]
2. Such insult or disregard was Deliberately intended

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[BS(ReCo) + NP]
1. Act was committed in the dwelling, which may pertain to a:
a. Building; or
Par. 3. Dwelling
b. Structure, which is
c. Exclusively used for Rest and Comfort.
2. Offended party must Not give Provocation.
[TAF]
1. Offended party had Trusted the offender.
Par. 4. Abuse of
2. Offender Abused such trust by committing a crime against the
confidence
offended party.
3. The abuse of confidence Facilitated the commission of the crime.
[TAU]
Par. 4. Obvious 1. Offended party Trusted the offender;
ungratefulness 2. Offender Abused such trust; and
3. Act was committed with obvious Ungratefulness.
Par. 5. In the palace of Crime was committed: [PalPreDRW]
the Chief Executive or 1. In the Palace of the Chief Executive, or
in his presence, or 2. In his Presence, or
where public authorities 3. Where public authorities are engaged in the Discharge of their duties,
are engaged in the or
discharge of their 4. In a place dedicated to Religious Worship
duties, or in a Place
dedicated to religious
worship
Circumstances of nighttime, uninhabited place or band: [FES]

Par. 6. Nighttime, Offender Abused such trust; and

uninhabited place, by a 1. Facilitated the commission of the crime; [Reyes, Book 1, p. 364]; and
band 2. Was Especially Sought for by the offender to insure the commission
of the crime or for the purpose of impunity; [People v. Pardo, 79 Phil.
568, 578]
Par. 7. On occasion of a The offender must take advantage of the calamity or misfortune
Calamity
[ArMC AAA]
Par. 8. Aid of Armed 1. That the armed men or persons took part in the Commission of the
men or means to crime, directly or indirectly; and
ensure impunity 2. Accused Availed himself of their Aid or relied upon them when the
crime was committed.
[TPCSC]
1. Offender is on Trial for an offense;
2. He was Previously Convicted by final judgment of another crime;
Par. 9. Recidivism
3. That both the 1st and 2nd offenses are embraced in the Same title of
the Code; and
4. Offender is Convicted of the new offense.
[TP-SEG2-C]
1. Accused is on Trial for an offense;
2. He Previously Served sentence for another offense to which the law
Par. 10. Reiteracion or attaches:
Habituality a. an equal or greater penalty, or
b. For 2 or more crimes to which it attaches lighter penalty than that
for the new offense; and
3. That he is Convicted of the new offense.

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[TOAI]
1. There must be Two or more principals
a. One who gives or Offers price or promise
b. One who Accepts it
2. Price, reward, or promise must be for the purpose of Inducing another
Par. 11. Price, reward, to perform the deed.
or promise
The price, reward or promise need not: [MAD]
1. Consist of or refer to Material things; or
2. Be Actually Delivered; it being sufficient that the offer made by the
principal by inducement was accepted by the principal by direct
participation before the commission of the offense.
Crime was committed by means of: [IFPESIDO]
1. Inundation
2. Fire
Par. 12. Inundation, 3. Poison
fire, poison, explosion, 4. Explosion
etc. 5. Stranding of a vessel
6. Intentional damage to a vessel
7. Derailment of a locomotive
8. Any Other artifice involving great waste and ruin
Prosecution must prove: [TAL]
1. Time when the offender determined to commit the crime;
2. An Act manifestly indicating that the culprit has clung to his
Par. 13. Evident
determination; and
premeditation
3. A sufficient Lapse of time between the determination and execution,
to allow him to reflect upon the consequences of his act and to allow
his conscience to overcome the resolution of his will.
That the crime was committed by means of:
1. Craft: Intellectual trickery and cunning on the part of the accused;
Par. 14. Craft, fraud, or 2. Fraud: Insidious words or machinations used to induce the victim to
disguise act in a manner which would enable the offender to carry out his
design; or
3. Disguise: Any device to conceal identity
[NIP]
Par. 15. Superior 1. There is a Notorious Inequality of forces between victim and
strength or means to aggressor.
weaken defense 2. Offender Purposely used excessive force out of proportion to the
means of defense available to the persons attacked.
[CAN]
1. Offender Consciously Adopts particular means, methods, or forms
Par. 16. Alevosia
tending directly and specially to ensure the execution of the crime.
(Treachery)
2. The employment of such means gave the offended party No
opportunity to defend himself or retaliate.
The means employed or the circumstances brought about must tend to
Par. 17. Ignominy make the effects of the crime more humiliating or to put the offended party
to shame.
Par. 18. Unlawful entry Entrance is effected by a way not intended for the purpose.
[WaRFDWiE]
Par. 19. Breaking
1. Breaking the Wall, Roof, Floor, Door, or Window is a means to the
wall, floor, roof
commission of the crime.; and

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2. Breaking was used as a means to effect Entrance and not merely for
escape.
Par. 20. With aid of Commission of the crime is committed with the aid of children under 15
persons Under 15 years of age
[MS-MC(GoCaF)]
1. That any of the following was used:
a. Motorized vehicles; or,
b. Other efficient means of transportation Similar to automobile or
Par. 20. By Motor
airplane.
vehicles, airships, or
2. The same was used as Means of Committing the crime, such as by
other similar means
using the same to:
a. Go to the place of the crime
b. Carry away the effects thereof; and
c. Facilitate their escape
[DIUE]
Par. 21. Cruelty 1. Injury caused be was Deliberately Increased by causing other wrong;
2. Other wrong was Unnecessary for the Execution of the purpose of the
offender.

4. Distinguish generic aggravating circumstances from qualifying aggravating

circumstances.

Answer:
GENERIC AGGRAVATING QUALIFYING AGGRAVATING
CIRCUMSTANCES CIRCUMSTANCES

Increases the penalty to the It places the author of the crime in

As to its Effect on maximum period without exceeding the such a situation as to deserve
the Penalty limit prescribed. another penalty, as specially
prescribed by law.

As to Offsetting Can be offset by ordinary mitigating Cannot be offset by any mitigating

Against Mitigating circumstances. circumstance; considered an
Circumstances ingredient of the crime.

It is not an ingredient of the Circumstance affects the nature of

As to its Effect on
crime. It only affects the penalty the crime itself such that the
the Nature of the
to be imposed. offender shall be liable for a more
Crime
serious crime.

5. What is the effect if the aggravating includes dependencies, the foot of the
circumstances of disregard of rank, sex, staircase, and enclosure under the house [U.S.
or age appreciated are all present? v. Tapan, G.R. No. 6504, Sept. 11, 1911].

Answer: If all of them are present, they have
the weight of one aggravating circumstance
only. [Reyes, Book One, supra at 342].
6. What is a “dwelling”?
Answer: It is a building or structure exclusively
used for rest and comfort. The term dwelling
The victim need not be the owner of the place
where he lives or dwells. Be he a lessee, a
boarder, or a bed-spacer, the place is his
home, the sanctity of which the law seeks to
protect and uphold [People v. Daniel, G.R. No.
L-40330, November 20, 1978]

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Note that the aggravating circumstance may be
appreciated even without entry to dwelling, as
it is enough that the victim was attacked inside
his own house. [U.S. v. Lastimosa, G.R. No.
9178, March 30, 1914].
7. What is the nature of the aggravating
circumstance of nocturnity
(nocturnidad) and what are the two tests
relevant thereto?
8. How do you determine the aggravating
circumstance of uninhabited place?
Answer: It is determined not by the distance of
the nearest house to the scene of the crime but
whether or not in the place of the commission
of the offense, there was a reasonable
possibility of the victim receiving some help
[People v. Desalisa, G.R. No. 95262, January
4, 1994].

Answer: It is such that the commission of the 9. Differentiate the aggravating

crime must begin and be accomplished in the
nighttime (after sunset and before sunrise).
The two tests are:
1. Objective test - nighttime is aggravating
because the darkness facilitated the
commission of the offense; [People v.
Pardo, G.R. No. L-562 (1947)]; and
2. Subjective test - nighttime is aggravating
because the darkness was purposely
sought by the offender [People v. Ventura,
G.R. Nos. 148145-46 (2004)].
circumstances of “by a band” and “with
aid of armed men”.
Answer: “By a Band” requires more than 3
armed malefactors (at least 4) who all acted
together directly in the commission of the
offense, hence all band members are liable as
principals. Meanwhile “With Aid of Armed Men”
requires at least 2 armed men where the
principal relied on their direct or indirect aid.
Armed men are liable as accomplices. [Reyes,
Book One, supra p. 372, 376].

10. Differentiate the four forms of repetition.

Answer:
HABITUALITY /
RECIDIVISM/ HABITUAL
REITERACION / QUASI-RECIDIVISM;
REINCINDENCIA; DELINQUENCY;
REPETITION ART. 160
ART. 14 (9) ART. 62 (5)
ART. 14 (10)
As to the Crimes Committed
That the accused, at Offender has been Offender is convicted At least 3
the time of his trial for previously punished of: for a 2nd felony. convictions are
one crime, have been 1. One (1) offense – to required.
previously convicted which the law Note: 1st crime may be a
by final judgment of attaches equal or felony or offense but Offender is found
another crime greater penalty; or the 2nd crime must be a guilty for the 3rd time
embraced in the same 2. Two (2) offenses – to felony. or oftener of the
title of RPC which the law following crimes
attaches lighter [TFIRE]:
penalty
1. Theft
2. Falsification
3. Less serious or
serious physical
Injuries
4. Robbery
5. Estafa

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As to When the Second (2nd) Crime was Committed

After conviction of 1st
After serving sentence After conviction of 1st Within a period of 10
crime. for the 1st crime crime – but before years from his last
serving sentence for release or
the 1st crime, or while conviction
serving such sentence
As to Effect on Penalty
Generic Aggravating Generic Aggravating Special Aggravating Extraodrdinary
Circumstance Circumstance Circumstance Aggravating
Circumstance - an
additional penalty
shall be imposed

11. Can the aggravating circumstance of 3. Degree of instruction and education of the
recidivism be appreciated in offender.
determining the penalty of an accused
who was also found to be a habitual 2. What relationships are covered by
delinquent? Article 15 of the Revised Penal Code?

Answer: Yes. The aggravating circumstance Answer: This article covers:

of recidivism should be taken into
consideration, notwithstanding the allegation
and proof that the accused were habitual
delinquents and should accordingly be
sentenced to the additional penalty provided by
law. It is not correct to assume that recidivism
is twice taken into account when the accused
is declared a habitual delinquent and when it is
deemed to aggravate the crime in fixing the
principal penalty to be imposed, because
recidivism as an aggravating circumstance
modifying criminal liability is not an inherent or
integral element of habitual delinquency which
the RPC considers as an extraordinary and
special aggravating circumstance. The
elements as well as the basis of each of these
circumstances are different. [People v. Bernal,
G.R. No. L-44988, October 31, 1936]
1. Spouses;
2. Ascendants;
3. Descendants;
4. Legitimate, natural, or adopted brother or
sister;
5. Relative by affinity in the same degree of
the offender; and
6. Other relatives included by analogy to
ascendants and descendants (such as
stepparents to that of their stepchildren and
adoptive parents to adopted child).
Note: The relationship of stepfather or
stepmother and stepson or stepdaughter is
included by analogy as similar to that of
ascendant and descendant. [People v.
Bersabal, 48 Phil. 439, 441; People v. Portento,
C.A., 38 O.G. 46, cited in Reyes, Book 1]

5. Alternative Circumstances 3. When can the alternative circumstance

of relationship be appreciated as an
1. What are alternative circumstances? exempting circumstance?

Answer: Under Art. 15 of the RPC, these are
circumstances which must be taken into
consideration as aggravating or mitigating
according to the nature and effects of the crime
and other conditions attending its commission.
They include:
1. Relationship;
2. Intoxication; and
Answer: Relationship is appreciated as an
exempting circumstance in the following
instances:
1. In the case of an accessory who is related
to the principal [RPC, Art. 20].
2. Death or physical injuries under
exceptional circumstances, or when a
legally married person kills or inflicts
serious physical injuries upon spouse and
his/her mistress/paramour after having

Page 15 of 138
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surprised them in the act of sexual
intercourse [RPC, Art. 247].
3. In select crimes against property such as
theft, malicious mischief and swindling or
estafa, where the offender incurs no
criminal liability if he is related to the
offended party as:
a. Spouse, ascendant, or descendant, or
relatives by affinity in the same line;
b. The widowed spouse with respect to
the property which belonged to the
deceased spouse before the same
passed into the possession of another;
c. If the offender is a brother or sister or
brother-in-law or sister-in-law of the
offended party and they are living
together. [RPC, Art. 332]
4. When can the alternative circumstance
of relationship be appreciated as
mitigating?
Answer: The alternative circumstance of
relationship is considered mitigating in the
following instances:
1. In offenses of less serious or slight physical
injuries, where the offended party is a
relative of a lower degree;
2. In cases of abortion and infanticide, where
the abortion or the killing is done to conceal
dishonor. Further, in infanticide,
concealment made by the maternal
grandparents is also mitigating [Art. 255 &
258, RPC; Boada, 2008].
3. In trespass to dwelling [U.S. v. Ostrea, G.R.
No. 1114, March 31, 1903].
5. When can the alternative circumstance
of relationship be appreciated as
aggravating?
Answer: The alternative circumstance of
relationship can be appreciated as aggravating
in the following instances:
1. In crimes against persons, such as:
a. When the offended party is a relative of
a higher degree than the offender;
b. When the offender and the offended
party are relatives of the same level,
such as killing a brother [El Pueblo de
Filipinas v. Alisub, G.R. No. 46588,
January 20, 1940] or a brother-in-law
Page 16 of 138
CRIMINAL LAW
[People v. Mercado, G.R. No. 27415,
November 29, 1927];
c. In cases of murder or homicide, if the
act resulted in the death of the victim
even if the accused is a relative of a
lower degree; and
d. In rape, such as when a father rapes
his daughter [People v. Porras, G.R.
No. 38107, October 16, 1933].
2. In physical injuries, such as:
a. In serious physical injuries -
aggravating even if the offended party
is a descendant of the offender, except
when committed by the parent who
shall inflict physical injuries to his child
due to excessive chastisement.
b. In less serious or slight physical injuries
- if the offended party is a relative of a
higher degree of the offender.
3. In crimes against chastity, relationship is
always aggravating in crimes against
chastity [People v. Molejon, G.R. No.
208091, April 23, 2018].
6. How is intoxication appreciated as a
circumstance?
Answer: Intoxication can be a mitigating
circumstance if it is not habitual or is not
subsequent to the plan to commit a felony.
Conversely, intoxication can be an aggravating
circumstance if it is habitual, or if it is
intentional, pursued to the end suffocating
remorse on the part of the accused [People v.
Mat-an, G.R. No. 215720, February 21, 2018;
REYES, Book One, supra at 490].
7. What is referred to by the alternative
circumstance of instruction and
education?
Answer: Instruction and education, as an
alternative circumstance, pertains to the level
of intelligence of the accused, not merely to
literacy. It refers to the lack of sufficient
intelligence and knowledge of the significance
and consequences of one’s acts [People v.
Nabong, G.R. No. 172324, April 3, 2007].
UP LAW BOC PRE-WEEK
8. How should instruction and education
be appreciated as a circumstance?
Answer: Generally, lack of sufficient education
is a mitigating circumstance. [U.S. v. Reguera,
G.R. No. L-16639, March 22, 1921]. There are
exceptions to this rule such that, although not
mitigating, it can also not be appreciated as an
aggravating circumstance. Such exceptions
are:
1. In crimes against property, such as arson,
estafa, theft, or robbery;
2. In crimes against chastity;
3. In treason (for the reason that love of
country should be a natural feeling of every
citizen however uncultured he may be);
4. In rape (REYES, Book One, supra at 497-
498); and
5. In murder or homicide, as killing is
forbidden by natural law, which every
natural being is endowed to know and feel
[People v. Laspardas, G.R. No. L-46146,
October 23, 1979].
6. Absolutory Causes
1. What are absolutory causes?
Answer: Absolutory causes are those where
the act committed is a crime, but for reasons of
public policy and sentiment there is no penalty
imposed [REYES, Book One, supra at 251].
2. What are the types of absolutory
causes?
Answer:
1. Instigation
2. Pardon by the offended part
3. Other absolutory causes:
a. Death under exceptional
circumstances [RPC, Art. 247]
b. Accessories in light felonies [RPC, Art.
16]
c. Light felonies not consummated [RPC,
Art. 16]
d. Spontaneous desistance [RPC, Art. 6]
e. Prescription of crimes [RPC, Art. 89]
f. Accessories exempt under Art. 20
[RPC, Art. 20]
g. Trespass to dwelling to prevent serious
harm to self [RPC, Art. 280]
Page 17 of 138
CRIMINAL LAW
4. Acts not covered by law and in case of
excessive punishment. [RPC, Art. 5]
3. Distinguish instigation from
entrapment.
Answer: Instigation is the means by which the
accused is lured into the commission of the
offense charged in order to prosecute him. On
the other hand, entrapment is the employment
of such ways and means for the purpose of
trapping or capturing a lawbreaker. Thus, in
instigation, officers of the law or their agents
incite, induce, instigate or lure an accused into
committing an offense which he or she would
otherwise not commit and has no intention of
committing. But in entrapment, the criminal
intent or design to commit the offense charged
originates in the mind of the accused, and law
enforcement officials merely facilitate the
apprehension of the criminal by employing
ruses and schemes; thus, the accused cannot
justify his or her conduct.
In instigation, where law enforcers act as co-
principals, the accused will have to be
acquitted. But entrapment cannot bar
prosecution and conviction. As has been said,
instigation is a "trap for the unwary innocent,"
while entrapment is a "trap for the unwary
criminal." [People v. Santiago, G.R. No.
191726, February 6, 2013]
C. Application of the
Indeterminate Sentence Law
1. What is the Indeterminate Sentence
Law?
Answer: The Indeterminate Sentence Law
provides for an indeterminate sentence and
parole persons convicted of certain crimes by
the courts in the Philippines. It requires courts
to provide for 2 penalties – a minimum and a
maximum term– instead of a single fixed
penalty, for the benefit of the convicted
offender in the imposition of a prison sentence.
[Act No. 4103, Sec. 6 (1965), as amended by
Act No. 4225 and R.A No. 4203]
UP LAW BOC PRE-WEEK
2. How is the indeterminate Sentence Law
applied to crimes punishable by the
RPC and in special laws?
Answer: The Indeterminate Sentence Law is
intended to favor the defendant, particularly to
shorten his term of imprisonment, depending
upon his behavior and his physical, mental and
moral record as a prisoner, to be determined by
the Board of Indeterminate Sentence.
It grants judicial discretion to impose the
sentence of the convicted offender to serve in
the minimum term to be eligible for parole, and
the maximum term as the limit for the convicted
offender may be held in jail. The minimum term
is the range that is next lower than prescribed
in the RPC while the maximum is the penalty in
consideration of all the attending
circumstances (aggravating and mitigating). In
cases of special laws, the minimum term must
not be less, and maximum term must not
exceed the prescribed penalty, subject to the
discretion of the courts.
The Indeterminate Sentence Law is applicable
to those sentenced with imprisonment
exceeding one (1) year.
The application of the law is based on the
penalty actually imposed. Hence, in a case
where the court imposes a penalty of prisión
correccional minimum (6 months and 1 day),
ISLAW does not apply [People v. Moises, G.R.
No. L-32495 (1975), cited in Reyes, Book 1]
However, the Indeterminate Sentence Law
does not apply in the following cases:
1. Not applicable when unfavorable to the
accused [People v. Nang Kay, 88 Phil. 515,
519 as cited in Reyes, Book 1]
2. The following are excluded from coverage:
[ISLAW, Sec. 2] [PH LENDS TRES TVJ]
a. Convicted of Piracy
b. Habitual delinquents (but applies to
recidivists).
c. Convicted of offenses punished with
death penalty or Life imprisonment.
However, when there are two
mitigating circumstances, despite the
offense being punishable by reclusion
temporal to death, ISLAW applies.
Page 18 of 138
CRIMINAL LAW
[People v. Roque, 90 Phil 142, 146
(1951), as cited in Reyes, Book 1]
d. Those who shall have escaped from
confinement or Evaded service of
sentence
e. Those whose maximum term of
imprisonment does Not exceed one
year.
f. Those sentenced to the penalty of
Destierro or Suspension.
g. Convicted of misprision of Treason,
Rebellion, Espionage, Sedition.
h. Convicted of Treason, conspiracy or
proposal to commit treason
i. Those who Violated the terms of
conditional pardon granted to them by
the Chief Executive
j. Those who had been sentenced by
final Judgment at the time of the
approval of this law.
Note: ISLAW was approved on June 19, 1965
3. What are the conditions of parole
imposed on a released prisoner?
Answer: Prisoners released on parole may be
required by the conditions of his parole, as
designated by the Board of Indeterminate
Sentence, to personally report to such
government officials or other parole officers
appointed for a period of surveillance
equivalent to the remaining portion of the
maximum term imposed or until the final
release and discharge by the Board, if during
such period, the paroled prisoner shows to be
a law-abiding citizen and shall not violate any
laws. [Act No. 4103, Sec. 6 (1965) as amended
by Act No. 4225 and R.A No. 4203]
D. Service of Sentence
1. When and how can a penalty be
executed?
Answer: A penalty shall be executed only by
virtue of a final judgment. Moreover, penalties
cannot be executed in a form or any
circumstances/incidents other than that
prescribed or authorized by law [RPC, Art. 78]
UP LAW BOC PRE-WEEK CRIMINAL LAW

2. What is the three-fold rule in the Payment of his civil or

execution and service of sentence and pecuniary liabilities shall
when is it applicable? not be suspended.
[Reyes, Book 1]
Answer: The three-fold rule states that the
maximum duration of the sentence must not be 5. What are the instances or situations in
more than three-fold the length of time of the criminal cases wherein the accused
most severe penalties imposed upon the (either an adult or minor) can apply for
convict. No additional penalties may be inflicted and/or be granted a suspended
after the total of the imposed penalties equals sentence?
the maximum period, which shall not exceed 40
years. The three-fold rule only applies when the Answer:
sentence is at least 4 sentences. [RPC, art. 70] 1. Suspension of sentence of minor; when the
crime was committed when the offender
3. What is the rule when the culprit has to was below 18 years old but the trial court
serve two or more penalties? subjects him to appropriate disposition
measures as prescribed in the Rule on
Answer: The culprit has to serve the penalties Juveniles in Conflict with the Law
simultaneously if the nature of the penalties 2. When the accused becomes insane before
permit them to do so. Otherwise, the order of the final sentence is promulgated
their respective severity shall be followed so 3. When the offender filed an application and
that they may be executed successively: was granted probation upon conviction
Death; Reclusion perpetua; Reclusion [Baclayon v. Mutia, G.R. No. L-59298, April
temporal; Prision mayor; Prision correccional; 30, 1984]
Arresto mayor; Arresto menor; Destierro; 4. When the offender submits to a
Perpetual absolute disqualification; Temporary rehabilitation center due to drug
absolute disqualification; Suspension from dependency despite conviction of a crime
public office, the right to vote and be voted for, charged
the right to follow a profession or calling; and 5. Under R.A. 9165, when the offender is a
Public censure [RPC, Art. 70] first-time minor offender, not previously
committed to a Center, and the Board
4. What are the rules in case of insanity? recommends the sentence to be
suspended [R.A. 9165, Sec. 66 (2002)]
WHEN THE 6. When the sentence is death, the execution
PERSON may be suspended by the Supreme Court
BECOMES EFFECT on grounds of supervening events
INSANE OR [Echegaray v. Sec’y of Justice, G.R. No.
IMBECILE: 132601, January 18, 1999]
At the time of the He is exempt from
commission of criminal liability. 6. What is the Special Time Allowance for
the crime Loyalty?
At the time of theThe Court shall suspend
trial the proceedings and Answer: It is the deduction in the period of the
order his confinement in sentence of a prisoner during the calamity or
a hospital until he catastrophe mentioned in Art. 158 (i.e.
recovers his reason. conflagration earthquake, explosion or similar
At the time of Execution is suspended catastrophe; or mutiny in which he has not
final judgment or with regard to the participated) [RPC, Art. 98]
while serving personal penalty only. If
sentence he recovers his reason,
his sentence shall be
executed, unless the
penalty has prescribed.

Page 19 of 138
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DEDUCTION a. A child 15 years of age or under at the time

SCENARIO FROM PERIOD of the commission of the offense shall be
OF SENTENCE exempt from criminal liability. However, the
When prisoner, having child shall be subjected to an intervention
evaded his sentence, 1/5 of period of program pursuant to Section 20 of the said
gives himself up to sentence Act.
authorities within 48 b. A child above 15 years but below 18 years
hours following of age shall likewise be exempt from
issuance of criminal liability and be subjected to an
proclamation by Chief intervention program, unless he/she has
Executive announcing acted with discernment, in which case such
the passing away of child shall be subjected to appropriate
the calamity proceedings in accordance with R.A. 9344.
When prisoner 2/5 of period of c. The exemption from criminal liability does
chooses to stay in sentence not include exemption from civil liability,
place of confinement. which shall be enforced in accordance with
existing laws. [R.A. No. 9344, Sec. 6
7. What is the rule on allowance for good (2005)]
conduct?
3. What is the rule on the automatic
Answer: The good allowance of any offender suspension of sentence?
qualified for credit for preventive imprisonment
or of any convicted prisoner in any penal Answer: Suspended Sentence is the holding
institution, rehabilitation or detention center or in abeyance of service of the sentence
any other local jail shall entitle him to imposed by the court upon a finding of guilt of
deductions from the period of his sentence. the child in conflict with law who will undergo
rehabilitation. Section 38 of R.A. 9344, as
Note that under Art. 29 of the RPC, recidivists, amended, provides that once a child under 18
habitual delinquents, escapees and persons years of age at the time of the commission of
charged with heinous crimes are not qualified the offense is found guilty of the offense
for credit for preventive imprisonment. charged, the court shall determine the civil
liability, if any, which may have resulted from
1. Juvenile Justice and Welfare the offense committed. However, instead of
pronouncing the judgment of conviction, the
Act court shall place the child in conflict with the law
under suspended sentence, which need not be
1. Who is a child and a child in conflict with
applied for.
the law?
Suspension of sentence shall still be applied
Answer: Under RA 9344, anyone below 18
even if the juvenile is already 18 years of age
years of age is a child. Section 4 of the same
or more at the time of pronouncement of his/her
statute provides that a child in conflict with the
guilt. However, such suspension shall last only
law is a child who is alleged as, accused of, or
until the child in conflict with law reaches the
adjudged as having committed an offense
maximum age of 21.
under Philippine laws. [R.A. No. 9344, Sec. 4
(2005)]
Upon suspension of sentence, and after
considering the various circumstances of the
2. What are the rules regarding criminal
child, the court shall impose the appropriate
liability of a child?
disposition measures as provided in the
Supreme Court Rule on Juveniles in Conflict
Answer: Section 6 of R.A. 9344 outlines the
with the Law. [R.A. No. 9344, Secs. 38, 40
rules regarding the criminal liability of a child as
(2005)]
follows:

Page 20 of 138
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4. May a convicted child be made to serve
his/her sentence in a manner other than
confinement in a regular penal
institution?
Answer: A child in conflict with the law may
serve the sentence in a manner other than
confinement in a regular penal institution after
conviction and upon order of the court, and
instead be made to serve his/her sentence in
an agricultural camp or other training facilities
that may be established, maintained,
supervised and controlled by the Bureau of
Corrections, in coordination with the DSWD.
[R.A. No. 9344, Sec. 51 (2005)]
2. Probation Law
1. What is probation and what is the nature
of an order granting probation?
Answer: 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]
2. Who are disqualified from being placed
on probation?
Answer: 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;
Page 21 of 138
CRIMINAL LAW
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
i. Who committed the crime of torture [R.A.
9745, sec. 16 (2009)].
3. What is the time for filing an application
for probation?
Answer: Section 4 of the Probation Law
provides that the application for probation must
be made within the period for perfection of an
appeal. Moreover, the filing of the application
shall be deemed a waiver of the right to appeal,
or the automatic withdrawal of a pending
appeal. [P.D. No. 968, Sec. 4]
R.A. 9344, or the Juvenile Justice and Welfare
Act, provides an exception to this in cases
involving minor offenders. Section 42 therein
provides that, after a court has convicted and
sentenced a child in conflict with the law, the
same may, upon application, place the child in
probation at any time in lieu of the sentence.
[P.D. No. 968, Sec. 42 (1976)]
4. When shall probation be denied?
Answer: Section 8 of the Probation Law
provides that probation shall be denied when:
a. The offender is in need of correctional
treatment that can be provided most
effectively by his commitment to an
institution;
UP LAW BOC PRE-WEEK
b. There is an undue risk that during the
period of the probation, the offender will
commit another crime; or
c. Probation will depreciate the seriousness
of the offense committed. [P.D. No. 968,
Sec. 8 (1976)]
5. What are the conditions of probation
and what is the effect of a violation of
the conditions?
Answer: Section 10 of the Probation Law
provides that the probationer shall:
a. Present himself to the probation officer
designated to undertake his supervision at
such place as may be specified in the order
within 72 hours from receipt of said order;
b. Report to the probation officer at least once
a month at such time and place as
specified by said officer. [P.D. No. 968,
Sec. 10 (1976)]
A violation of the said conditions shall allow the
court to issue a warrant of arrest for the
probationer. Once arrested, the probationer
shall be brought to court for a hearing, which
may be formal or summary, of the violation
charged. If the violation is established, the
court may either revoke the probation, or
continue the same but modify the conditions
thereof. [P.D. No. 968, Sec. 14 (1976)]
6. What is the effect of probation on
accessory penalties?
Answer: Since probation suspends the
imposition of the sentence of imprisonment, it
follows that the accessory penalties shall
likewise be suspended. [Baclayon v. Mutia,
G.R. No. L-59298, April 30, 1984]
7. How long may a convict be placed on
probation?
Answer: Section 14 of the Probation Law
provides the following periods to be observed:
a. The period of probation of a defendant
sentenced to a term of imprisonment of not
more than one year shall not exceed two
years.
b. In all other cases, the said period shall not
exceed six years.
Page 22 of 138
CRIMINAL LAW
c. When the sentence imposes a fine only
and the offender is made to serve
subsidiary imprisonment in case of
insolvency, the period of probation shall not
be less than nor to be more than twice the
total number of days of subsidiary
imprisonment [P.D. No. 968, Sec. 14
(1976)]
8. How is probation terminated?
Answer: Upon fulfillment of the terms and
conditions of the probation, the court may order
the final discharge of the probationer, which
would terminate the probation. [P.D. No. 968,
Sec. 16 (1976)]
Note: Expiration of the period does not ipso
facto terminate probation. There must be an
order of final discharge from the court
terminating the probation. If a violation was
committed by the probationer before the
issuance of the said order, the probation may
be revoked by the court. [Manuel Bala v.
Martinez, 181 SCRA 459]
9. What is the effect of the final discharge
of the probationer?
Answer: The final discharge of the probationer
shall restore all the civil rights lost or
suspended during the period of probation. It
shall likewise extinguish the criminal liability for
the offense for which the probation was
granted. [P.D. No. 968, Sec. 16 (1976)]
10. Differentiate probation from pardon.
Answer:
PROBATION PARDON
Definition
Probation is a It is an act of grace
disposition under proceeding from the
which a defendant, power entrusted with
after conviction and the execution of the
sentence, is laws which exempts
released subject to the individual on
conditions imposed whom it is bestowed
by the court and to from the punishment
the supervision of a the law inflicts for the
probation officer. crime he has
[Reyes, Book 1] committed. [Reyes,
Book 1]
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May either be: terms upon which the sentence shall be

1. Absolute pardon suspended. [Reyes, Book 1]
2. Conditional
pardon 2. How is parole different from conditional
Whether Crime is Obliterated pardon?
Does not obliterate Does not obliterate
the crime of which the crime; it only Answer: Parole may be granted after the
the person under abolishes the prisoner has served the minimum penalty. It is
probation has been punishment. Pardon granted by the Board of Pardons and Parole
convicted. [Office of looks forward and under the provision of the Indeterminate
the Court relieves the offender Sentence Law (ISL). Should the grant of parole
Administrator v. from the be violated, the convict cannot be prosecuted
Librado, AM P-94- consequences of a under Art. 159. He can, however, be rearrested
1089 (1996)] convicted offense, and reincarcerated to serve the unserved
that is, it abolishes or portion of his original penalty.
forgives the
punishment. [Reyes, Meanwhile, conditional pardon may be granted
Book 1 at 843] at any time after the final judgment. It is the
Granting Authority Chief Executive that grants conditional parole
by the Court [Sec. Chief Executive [U.S. under the provisions of the Administrative
10, RA 10707] vs. Guarin, 30 Phil. Code. In case of violation, the convict may be
85, 87, as cited in ordered rearrested or reincarcerated by the
Reyes, Book 1] Chief Executive or may be prosecuted under
Effect on Accessory Penalties Art. 159. [Reyes, Book 1]
Accessory penalties A pardon shall not
are deemed work the restoration E. Effect of Death of the Accused
suspended once of the right to hold
probation is granted. public office, or the 1. What is the effect of the death of the
[Baclayon vs. Mutia, right of suffrage, accused on his criminal and civil
No. L-59298 (1984) unless such rights be liabilities?
as cited in Reyes, expressly restored by
Book 1] the terms of the Answer: As to the criminal liability, the death
pardon. of the accused totally extinguishes his criminal
liability at any stage of the proceeding. [RPC,
A pardon shall in no Art. 89]
case exempt the
culprit from the As to the civil liability:
payment of the civil 1. The death of the accused after arraignment
indemnity imposed and during the pendency of the criminal
upon him by the action shall extinguish the civil liability
sentence. [Art. 36, arising from the delict.
RPC]
However, the independent civil action
3. Parole instituted under section 3 of this Rule or
which thereafter is instituted to enforce
1. What is parole? liability arising from other sources of
obligation may be continued against the
Answer: Parole consists in the suspension of estate or legal representative of the
the sentence of a convict after serving the accused after proper substitution or against
minimum term of the indeterminate penalty, said estate, as the case may be.
without granting a pardon, prescribing the

Page 23 of 138
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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]
CRIMINAL LAW II
F. Crimes Against Persons
1. Chapter I: Destruction of Life
1. What is the essential element of the
crime of Parricide?
Answer: Relationship of offender with the
victim is an essential element of this crime. The
relationship must be characterized by the
following: (1) legitimate except in case of
parent and child, (2) in the direct line, (3) by
blood, except in the case of a legitimate spouse
[Reyes, Book Two]
2. What is the liability of a third person who
cooperates in the commission of
parricide?
Answer: A stranger who cooperates and takes
part in the commission of the crime of parricide
is not guilty of parricide but only of homicide or
murder, as the case may be. [People v. Dalag,
GR 129895, April 30, 2003]
3. What is the extent of the privilege
granted under Art. 247 (Death or
Physical Injuries under Exceptional
Circumstances)?
Answer: The privilege extends to a legally
married person, or a parent, who surprises the
following in the act of sexual intercourse with
another person: (a) his or her spouse; or (b) his
or her daughter, the latter under 18 years of
age and living with him. [RPC, Art. 247]
4. Can a person who argues that he had no
intent to kill be convicted of Homicide?
Answer: Yes. It is well-settled that if the victim
dies because of a deliberate act of the
Page 24 of 138
CRIMINAL LAW
malefactors, intent to kill is conclusively
presumed. In such case, even if there is no
intent to kill, the crime is Homicide because
with respect to crimes of personal violence, the
penal law looks particularly to the material
results following the unlawful act and holds the
aggressor responsible for all the
consequences thereof. [Bitol v. Rafael, G.R.
No. 213792, June 22, 2015]
5. What determines if the offense
committed is Frustrated or Attempted
Murder?
Answer: The nature of the wound determines
whether the crime is attempted or frustrated
murder. It is attempted if the injuries sustained
are merely superficial and not capable of
causing death even without timely medical
intervention. [People v. Pagal, GR 112620-21,
May 14, 1998]
6. Can there be a crime of Frustrated
Homicide through Imprudence?
Answer: No. The element of intent to kill in
frustrated homicide is incompatible with
negligence or imprudence. [People v. Castillo,
C.A. No. 227 (1946)]
7. What is the effect if the offender, in
discharging a firearm, had intent to kill?
Answer: If the discharge of a firearm at
someone is coupled with intent to kill, the felony
should be classified as attempted or frustrated
homicide, murder, or parricide, and not merely
illegal discharge of firearm. [Reyes, Book Two]
8. What is the effect if the crime of
Infanticide is committed for concealing
dishonor?
Answer: While concealment of dishonor is not
an exculpatory circumstance, it is a mitigating
circumstance in the crime of infanticide. It
lowers the penalty to prision mayor if
committed by the mother, and reclusion
temporal if committed by the maternal
grandparents. [RPC, Art. 255]
UP LAW BOC PRE-WEEK CRIMINAL LAW

9. Differentiate Parricide from Infanticide. Incapacity from

labor/medical
1-9 days
PARRICIDE INFANTICIDE attendance
[ART. 246] [ART. 255] required
As to Basis of Crime Physical injuries
Based on which did not
Based on the age of Slight
relationship of prevent the
the child (must be less [Art. 266]
offender and the offended party
than 3 days old) Regardless
victim from engaging in
of Days
As to Victim habitual work nor
May be committed Victim need not be a did it require
against a relative relative medial
As to Applicability of Mitigating attendance
Circumstance of Concealment of
Dishonor 1. What is the crime committed if the injury
Mitigating only required medical assistance for 2
Not mitigating days, but the victim was prevented from
circumstance
attending to his ordinary labor for 29
10. What is a tumultuous affray? days?

Answer: It is a commotion in a confused Answer: If a wound required medical

manner to an extent that it would not be
possible to identify who the killer is if death
results, or who inflicted the serious physical
injury, but the person or persons who used
violence are known. [Reyes, Book Two]
assistance for only two days, but the victim was
prevented from attending to his ordinary labor
for 29 days, the physical injuries are
denominated as less serious [US v. Trinidad,
G.R. 1851, Jan. 23, 1905].

11. Who are the persons liable for a death
resulting from a tumultuous affray?
Answer: The following are liable for the crime
of death in tumultuous affray: (1) person/s who
inflicted the serious physical injuries, or (2) if it
is not known who inflicted the serious physical
injuries on the deceased, all persons who used
violence upon the victim are liable.
2. Can a person be held liable for
Attempted or Frustrated Physical
Injuries?
Answer: NO. This felony is defined by the
gravity of the injury. It is a crime of result. As
long as there is no injury, there can be no
attempted or frustrated stage thereof [Reyes,
Book Two]

2. Chapter II: Physical Injuries 3. Can there be mutilation without intent to

cut off part of a person’s body?
GRAVITY INJURY DAYS
Incapacity from Answer: NO. Mutilation must be caused
Permanent purposely and deliberately. [RPC, Art. 262]
habitual work
Offender must have the intention to deprive the
Illness/incapacity
Serious Over 90 offended party of a part of his body. If there is
from habitual
[Art. 263] days no such intention, the crime will be serious
work
physical injuries. [Reyes, Book Two]
Illness/incapacity
31-90 days
from labor
Less Incapacity from
Serious labor/medical
10-30 days
[Art. 265] attendance
required

Page 25 of 138
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4. Differentiate Physical Injuries from 3. Is complete penetration necessary in

Attempted Homicide. rape?

Answer: Answer: No. Rape is consummated once the

PHYSICAL INJURIES ATTEMPTED penis of the accused capable of consummating
[ART. 263, 265, 266] HOMICIDE the sexual act touches the labia of the
Existence of Physical Injuries pudendum. The conclusion that touching the
General Rule: The May be labia majora or the labia minora of the
offender must have committed pudendum constitutes consummated rape
inflicted physical injuries even if no proceeds from the physical fact that the labias
physical are physically situated beneath the mons pubis
Exception: Maltreatment injuries or the vaginal surface, such that for the penis
(Art. 266(3)) inflicted to touch either of them is to attain some degree
Intent to Kill of penetration beneath the surface of the
With intent to female genitalia. It is required, however, that
No intent to kill the this manner of touching of the labias must be
kill offended
offended party sufficiently and convincingly established.
party
[People v. Gaspar, G.R. No. 239892, June 10,
3. Chapter III: Rape 2020]

1. How is rape committed? 4. What is statutory rape?

Answer: Answer: The gravamen of the offense of

a. By sexual intercourse; statutory rape is the carnal knowledge of a
b. By sexual assault. (RPC, Art. 266-A) woman below 12 years old. The law presumes
that the victim does not and cannot have a will
2. How is Rape classified? of her own on account of her tender years.
[People v. XXX, G.R. No. 225339, July 10,
Answer: 2019]
RAPE BY
SEXUAL SEXUAL ASSAULT 5. Is it necessary that the force used in rape
be great or overwhelming?
INTERCOURSE
As to Offended Party
Answer: No, it is not necessary that the force
Committed against
employed against the complaining woman in
Against a Woman “another person”; can
rape be so great or of such a character as could
be a man or a woman.
not be resisted. It is enough that the force used
As to Offender
is sufficient to consummate the culprit's
Can now be
purpose of copulating with the offended woman
committed by a man or [People vs. Savellano, G.R. No. L-31227, May
woman, that is, if a 31, 1974].
Always a man woman or a man uses
an instrument on an 6. What does it mean to be deprived of
orifice of male or reason or to be unconscious?
woman
As to Commission of Offense Answer: It means that the victim has no will to
Inserting a finger give consent intelligently and freely [Reyes,
inside the genital of a Book TWO]
woman or man is rape
Sexual intercourse
through sexual assault
within the context of
object

Page 26 of 138
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7. What is the effect on liability when an is no defense that a woman is of unchaste

offender lacks awareness as to the character, provided that the illicit relations were
mental condition of a rape victim? committed with force and violence [R.A. 8505,
Sec. 6]
Answer: The RPC, as amended, punishes the
rape of mentally disabled persons regardless of 11. What is the Sweetheart Doctrine?
the offender’s awareness of the victim’s mental
condition. Proof that the offender knew of the Answer: The doctrine operates on the theory
victim’s mental disability is important only for that the sexual act is consensual. It requires
purposes of qualifying the crime of rape. Under proof that the accused and the victim were
Art. 266-B, Par. 10 of the RPC, the death lovers and that she consented to the sexual
penalty is imposed if the offender knew of the relations. [People v. Udang, G.R. No. 210161,
victim’s mental disability at the time of the January 10, 2018]
commission of the rape [People v. Martinez,
G.R. 226394, Mar. 7, 2018]. G. Crimes Against Property
8. May the husband of the victim be liable
1. Chapter I: Robbery in General
for rape?
1. What are the two classifications of
Answer: Yes. Under Art. 266-C, a husband
Robbery?
may be liable for rape if the wife does not wish
to have sex with him. It is enough that there is
Answer:
an indication of any amount of resistance to
a. Robbery with violence against, or
make it rape [People v. Jumawan, G.R.
intimidation of persons [Arts. 294, 297 &
187495, Apr. 21, 2014]. However, if the legal
298]; and
husband is the offender, the subsequent
b. Robbery by use of force upon things [Art.
forgiveness by the wife as the offended party
299 & 302]
shall extinguish the criminal action or the
penalty. [RPC, Art. 266-C]
2. When is there Robbery with Homicide?
9. What is the effect of a subsequent valid
Answer: A conviction for robbery with
marriage between the offender and the
homicide requires certitude that the robbery
offended party?
was the main purpose and objective of the
criminals and that the killing was merely
Answer: Such subsequent marriage shall
incidental, resulting merely by reason or on the
extinguish the criminal action or the penalty
occasion of the robbery. [People vs. Salazar,
imposed. [RPC, Art. 266-C]
G.R. No. 99355, August 11. 1997]
10. How is rape distinguished from acts
When homicide is committed by reason or on
of lasciviousness?
the occasion of robbery, all those who took part
as principals in the robbery would also be held
Answer: The difference lies in the intent shown
liable as principals of the single and indivisible
by the offender’s external acts. When the
felony of robbery with homicide although they
touching of the vagina by his penis is done with
did not actually take part in the killing. If a
the intent to penetrate, attempted rape is
robber tries to prevent the commission of
committed. Otherwise, it is acts of
homicide after the commission of the robbery,
lasciviousness [People v. Collado, G.R.
however, he is guilty only of robbery. [People v.
135667, Mar. 1, 2001].
Francisco, G.R. No. 246580, June 23, 2020]
11. What is the rape shield rule?
Moreover, it is of no moment that the person
killed is one of the robbers. Once a homicide is
Answer: Under the rape shield rule, the
committed by or on the occasion of the robbery,
character of the woman is immaterial in rape. It

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the felony committed is robbery with homicide. offended party or

[People v. Vargas, G.R. No. 228000, July 10, that of his family
2019] As to the Culprit’s Gain
Gain is not Gain is immediate
3. When is there Robbery with Rape? immediate

Answer: Robbery with rape is a special 2. Chapter II: Brigandage

complex crime that contemplates a situation
where the accused's original intent was to take, 1. What is highway robbery?
with intent to gain, personal property belonging
to another, and rape is committed on the Answer: It is the seizure of any person for
occasion thereof or as an accompanying crime. ransom, extortion or other unlawful purposes,
[People v. Yumol, G.R. No. 225600, July 7, or the taking away of the property of another by
2020] Note that the crime of robbery with rape means of violence against or intimidation of
covers multiple rapes accompanying the person or force upon things of other unlawful
robbery and all the rapes shall be merged in a means, committed by any person on any
single crime of robbery with rape. [People v. Philippine Highway. [Sec. 2(e), PD 532] The
Evardone, G.R. No. 248204, August 24, 2020] robbery must be directed not only against
specific, intended or perceived victims, but
4. Suppose the victims were killed, not for against any and all prospective victims.
the purpose of committing robbery, and
the idea of taking the money and other 2. Differentiate Highway Robbery,
personal property of the victims was Brigandage, and Robbery in a Band
conceived by the culprits only after
killing. Is this a case of robbery with Answer:
homicide? HIGHWAY ROBBERY
BRIGANDAGE
ROBBERY IN A BAND
Answer: No. Since their initial objective was to [ART. 306]
[PD 532] [ART. 296]
kill the victims and they simply took their As to Purpose
possessions after the killing, the crimes
To 1. Commit To commit
committed are separate crimes of indiscrimi- robbery in a robbery, but
homicide/murder and theft. [People v.
nately highway not
Domingo, GR 82375, April 18, 1990]
commit 2. Kidnap to necessarily
robbery in extort or get in
5. Differentiate Threats to Extort Money
Philippine ransom highways.
from Robbery through Intimidation. highways. 3. Attain any
other
Answer:
purpose by
THREATS TO ROBBERY force or
EXTORT MONEY THROUGH violence
[ART. 282] INTIMIDATION As to the Number of Robberies
[ART. 294] Committed
As to the Nature of the Intimidation Indiscrimi- To commit To commit a
Conditional or future Actual and nate, not robbery in a particular
Immediate isolated. highway robbery.
As to How Intimidation is Done As to Formation of a Band
May be through an Personal Offenders
Intermediary need not
As to Whom Intimidation is Directed constitute Offenders must be in a band
May refer to the directed only to the a band; a (i.e. at least 4)
person, honor or person of the victim single
property of the offender

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may committed with Grave abuse of confidence; or

commit the If the property stolen consists of (a) Motor
crime. vehicle, (b) Mail matter, (c) Large Cattle, (d)
Coconuts taken from the premises of a
3. Chapter III: Theft plantation; or (e) Fish taken from a fishpond or
fishery; or when (4) Property is taken on the
1. Differentiate Theft from Robbery occasion of fire, earthquake, typhoon, volcanic
eruption, or any other Calamity, vehicular
Answer: The distinguishing element between accident or civil disturbance.
the crimes of robbery and theft is the use of
violence or intimidation as a means of taking 6. How are penalties for qualified theft
the property belonging to another; the element different from theft?
is present in the crime of robbery and absent in
the crime of theft. [Rosario v. People, G.R. No. Answer: Penalties for qualified theft are 2
235739, July 22, 2019] degrees higher than those respectively
specified in Art. 309. [Art. 310, RPC]
2. When is Theft consummated?
4. Chapter IV: Usurpation
Answer: Theft is complete from the moment
the offender had full possession of the thing, 1. Differentiate Theft/Robbery from
even if he did not have an opportunity to Occupation of Real Property or
dispose of the same. [People v. Sevilla, G.R. Usurpation of Real Rights in Property
No. 86163, (1990)] Thus, there is no crime of under Art. 312
frustrated theft.
Answer:
3. Is the crime of theft susceptible of THEFT/ROBBERY OCCUPATION OR
commission in the frustrated stage? [ART. 308/ART. USURPATION
293] [ART. 312]
Answer: No. Unlawful taking is deemed As to the Intent to Gain
complete form the moment the offender gains There is intent to Gain
possession of the thing, even if he has no As to the Property Involved
opportunity to dispose of the same. Unlawful Personal Property Real property or real
taking, which is the deprivation of one’s right
personal property, is the element which As to the Act Involved
produces the felony in its consummated stage. Taking Occupation or
At the same time, without unlawful taking as an Usurpation
act of execution, the offense could only be
attempted theft. [Valenzuela v. People of the 5. Chapter V: Culpable Insolvency
Philippines, G. R. No. 160188, 21 June 2007]
1. How is fraudulent Insolvency different
4. Can having a “Joyride” involve an intent from a crime contemplated under the
to gain? Insolvency Law?
Answer: Yes. A joyride in an automobile taken Answer:
without the consent of its owner constitutes FRAUDULENT
"taking with intent to gain" [People vs. INSOLVENCY LAW
INSOLVENCY
Bustinera, G.R. No., 148233, (2004)] [ACT. NO. 1956]
[ART. 314]
As to the Requirement of Insolvency
5. When is theft qualified?
Proceedings
No need for Crime should be
Answer: Theft is qualified when (1) it is
Insolvency committed after the
committed by a Domestic servant; or (2)
Proceedings. institution of

Page 29 of 138
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Note: Offender insolvency insure success in

need not be proceedings Gambling [Art.
adjudged bankrupt 315(3)(b)]
or insolvent. 3. By Removing,
concealing or
6. Chapter VI: Swindling and destroying
Other Deceits Documents [Art. 315
(3)(c)]
1. What are the means of committing
Estafa? 2. Does the accused’s mere failure to turn
over the thing delivered to him in trust
Answer: despite demand and the duty to do so,
MODE SUB-MODES constitute estafa under Art 315 par 1(b)?
1. With Unfaithfulness
[Art. 315 (1)(a)] Answer: No. The essence of estafa under Art
Mode 1: 315(1)(b) is the appropriation of
2. With Abuse of
With money/property received to the prejudice of the
Confidence [Art.
Unfaithfulness owner. The offender must actually appropriate
315(1)(b)]
or Abuse of the property of another for his own use, benefit,
3. By taking undue
Confidence and enjoyment. Failure to account, upon
advantage of the
[UCS] demand, for funds or property held in trust is
Signature in blank
[Art. 315(1)(c)] mere circumstantial evidence of
1. Using fictitious Name misappropriation. This means that the failure to
return goods over on demand is simply a
or false pretenses and
other similar deceits presumption and can be rebutted. [Filadams
[Art. 315(2)(a)]; Pharma Inc v. CA, GR 132422, March 30,
2. By Altering the quality, 2004]
fineness or weight of
anything pertaining to 3. What does fraud and deceit in the crime
his art or business of estafa mean?
[Art. 315(2)(b)]
Mode 2: 3. By pretending to have Answer: Fraud refers to anything calculated to
By Means of Bribed any deceive, including all acts, omissions, and
False government concealment involving a breach of legal or
Pretense or employee [Art. equitable duty, trust, or confidence justly
Fraudulent 315(2)(c)] reposed, resulting in damage to another to
Acts 4. By post-dating a another or by which an undue advantage is
[NAB-CF] Check with no funds taken over another. Deceit is the false
representation of a matter of fact whether by
or is not sufficient to
cover the amount of words or conduct, by false or misleading
the check. [Art. allegations, or by concealment of that which
315(2)(d)] should have been disclosed which deceives or
5. By obtaining Food, is intended to deceive another so that he shall
refreshment or act upon it to his legal injury [Lateo y Eleazar v.
accommodation with People, GR 161651, June 8, 2011]
intent to defraud [Art.
315(2)(e)]
1. By inducing another to
Mode 3:
Sign any document
By Fraudulent
[Art. 315 (3)(a)];
Means
2. By resorting to some
[SGD]
fraudulent practice to

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4. Differentiate Estafa from Malversation Pambansa Bilang 22) is the element of deceit.
Deceit has been defined as "the false
Answer: representation of a matter of fact, whether by
ESTAFA WITH words or conduct by false or misleading
ABUSE OF MALVERSATION allegations or by concealment of that which
CONFIDENCE [ART.217] should have been disclosed which deceives or
[ART. 315(1)] is intended to deceive another so that he shall
As to the Receipt of Property act upon it to his legal injury." To constitute
Offender is entrusted with funds or property estafa, deceit must be the efficient cause of the
As to the Nature of the Offense defraudation; the issuance of the check must
Continuing offenses have been the inducement for the surrender by
As to the Nature of Funds/Property the party deceived of his money or property.
Public, except as to [Puroc v. People, G.R. No. 221836, August 14,
property attached by 2019]
Private
public authority [Art.
222, RPC] 7. Chapter VIII: Arson and Other
As to the Offender Crimes Involving Destruction
Private individual or Private individual or
public officer not public officer 1. What is Arson?
accountable for accountable for
public funds or public funds or Answer: Arson is the malicious burning of
property property. property. Under Art. 320 of The Revised Penal
As to Commission through Negligence Code, as amended, and PD 1613, Arson is
No estafa through Can be committed classified into two kinds: (1) Simple or
negligence through Destructive Arson (Art. 320) and (2) other
abandonment or cases of arson [PD 1613]. This classification is
negligence based on the kind, character and location of the
As to Manner of Commission property burned, regardless of the value of the
Misappropriating, Appropriating, taking damage caused. [People v. Soriano, G.R. No.
converting or or misappropriating, 142565, July 29, 2003]
denying having consenting or
received money, permitting any other 2. What are considered special
goods or other person to take the aggravating circumstances to the crime
personal property. public funds or of Arson?
property.
Answer:
5. How is Estafa by post-dating a check a. Offender is motivated by spite or hatred
committed and how is it different from towards the owner or occupant of the
violation of BP 22? property burned;
b. Committed with intent to gain;
Answer: The elements of estafa by postdating c. Committed for the benefit of another; and
a check are - d. Committed by a syndicate. [Sec. 4, PD
a. Postdating or issuing a check in payment of 1613]
an obligation contracted at the time the
check was issued; 3. Is extent of damage material in Arson?
b. Lack of sufficient funds to cover the check;
c. Knowledge on the part of the offender of Answer: No. The crime of arson was
such circumstances; and consummated, notwithstanding the fact that
d. Damage to the complainant. the fire was afterwards extinguished, for, once
the fire has been started, the consummation of
What sets apart the crime of estafa from the the crime of arson does not depend upon the
other offense of this nature (i.e., Batas extent of the damage cause. [People v.

Page 31 of 138
UP LAW BOC
Hernandez, G.R. No. 31770, December 5,
1929]
4. What are the rules in cases where both
death and burning occur?
Answer: To determine what crime/crimes
was/were perpetrated whether arson, murder
or arson and homicide/murder, it is de
rigueur to ascertain the main objective of the
malefactor:
a. If the main objective is the burning of the
building or edifice, but death results by
reason or on the occasion of arson, the
crime is simply arson, and resulting
homicide is absorbed;
b. If the main objective is to kill a particular
person who may be in a building or edifice
and fire is resorted to as the means to
accomplish such goal the crime committed
is murder only; and
c. If the objective is to kill a particular person,
and in fact the offender has already done so,
but fire is resorted to as a means to cover
up the killing, then there are two separate
and distinct crimes committed
homicide/murder and arson. [People v.
Malngan, G.R. No. 170470, September 26,
2006]
8. Chapter IX: Malicious Mischief
1. What is Malicious Mischief?
Answer: It is the willful damaging of another's
property for the sake of causing damage due to
hate, revenge or other evil motive. [Reyes,
Book Two]
2. Is there Malicious Mischief is the act
was done without malice?
Answer: No. If there is no malice in causing the
damage, the obligation to repair or pay for
damages is only civil. [Reyes, Book TWO]
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PRE-WEEK CRIMINAL LAW
9. Chapter X: Exemption from
Criminal Liability in Crimes
Against Property
1. What is the rationale why some
individuals are exempted from criminal
liability for some acts involving crimes
against property?
Answer: The law recognizes the presumed co-
ownership of the property between the offender
and the offended party. [Reyes, Book Two]
2. Are common-law spouses included in the
persons exempted from criminal liability?
Answer: This includes common law spouses
because Arts. 147-148 of the Family Code
provide that common law spouses are co-
owners of the property. [Reyes, Book Two]
H. Crimes Against Personal
Liberty and Security
- 1. Chapter I: Crimes Against
Liberty
1. What is the rule when both Kidnapping
and Homicide/Murder are committed?
Answer: The rule is that when the person
kidnapped is killed in the course of detention,
regardless of whether the killing was purposely
sought or was a mere afterthought, the
kidnapping and the murder or homicide can no
longer be complexed under Art. 48, nor can
they be treated as separate crimes. Instead,
they shall be punished as a special complex
crime under the last paragraph of Art. 267, as
amended by R.A. 7659 [People v. Ramos, G.R.
118570, Oct. 12, 1998].
2. Is there a special complex crime of
Kidnapping with Rape?
Answer: Yes. The last par. of Art. 267 of the
RPC states that when the victim is killed or dies
as a consequence of the detention or is raped,
or is subjected to torture or dehumanizing acts,
the maximum penalty shall be imposed. This
provision gives rise to a special complex crime.
UP LAW BOC PRE-WEEK CRIMINAL LAW

Notably, however, no matter how many rapes 6. Differentiate Failure to Return a Minor
had been committed in the special complex from Kidnapping and Serious Illegal
crime of kidnapping with rape, the resultant Detention of Minor
crime is only one kidnapping with rape. This is
because these composite acts are regarded as Answer:
a single indivisible offense. KIDNAPPING AND
FAILURE TO SERIOUS ILLEGAL
Moreover, for the crime of kidnapping with RETURN A MINOR DETENTION OF
rape, the offender should not have taken the [ART. 270] MINORS
victim with lewd designs, otherwise, it would be [ART. 267]
complex crime of forcible abduction with rape. As to Offender
Offender is Offender is not
3. What are the differences between Illegal entrusted with the entrusted with the
Detention and Arbitrary Detention? custody of the minor custody of the minor.
As to Act Punished
Answer: In illegal detention: (1) It is committed What is punished is What is punished is
by a private individual; (2) It is done by the deliberate failure the illegal detaining
unlawfully kidnapping, detaining, or otherwise of the offender or kidnapping of the
depriving a person of their liberty; and (3) It is having custody of minor
a crime against personal liberty and security. the minor to restore
him to his parents or
In arbitrary detention: (1) It is committed by a guardians
public officer; (2) It is done by detaining a
person without legal ground; and (3) It is a 2. Chapter II: Crimes Against
crime against the fundamental law of the state
Security
[Reyes, Book Two, at 610].
1. Differentiate Violation of Domicile from
4. In Slight Illegal Detention, what is the
Trespass to Dwelling
liability of the person who furnished the
place for the perpetration of the crime?
Answer:
VIOLATION OF TRESPASS TO
Answer: Under Art. 268, Par. 2, the liability of
DOMICILE DWELLING
the person who furnished the place for the
[ART. 128] [ART. 280]
perpetration of the crime is that of a co-
principal. Classification
Crimes against
Crime against
5. Should a victim be placed in an Fundamental Laws of the
Security
enclosure to be considered kidnapping? State
As to Offender
Answer: No. It is not necessary that the victim Public officer or
Private
be placed in an enclosure, as long as he is employee, not authorized
individual
deprived, in any manner, of his liberty. It by any judicial order
suffices that there be actual or manifest As to Manner of Commission
restraint on the person or liberty of the victim. 1. Entering the dwelling
In kidnapping, it is not necessary that the against the will of the
offended party be kept within an enclosure to owner Entering the
restrict her freedom of locomotion. [People v. 2. Surreptitiously dwelling against
Cortez, et al., G.R. Nos. 131619-20 (2000)] entering the swelling the will of the
and refusing to leave owner.
after being required
to do so.

Page 33 of 138
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2. Differentiate Abandonment by Person the minor crime which accompanied it should

entrusted with Custody and be disregarded [Reyes, Book Two].
Abandonment of a Minor.
4. When is Grave Threats consummated?
Answer:
ABANDONMENT Answer: As soon as the threats came to the
BY PERSON ABANDONMENT knowledge of the offended party. [Reyes, Book
ENTRUSTED OF MINOR Two]
WITH CUSTODY [ART. 276]
[ART. 277] 5. Differentiate Grave Threats from Light
As to Custody of the Offender Threats
Custody specific to
the rearing or Answer:
Custody in general
education of the GRAVE LIGHT OTHER
child THREATS THREATS LIGHT
As to Age of the Minor [ART 282] [ART 283] THREATS
Minor must be under Minor must be under Acts Threatened to be Committed
18 7 Includes orally
As to Act of Abandonment threatening
Minor is abandoned another, in the
Minor is delivered to Act heat of anger,
in such a way as to Act
a public institution or threatened with some
deprive him of care threatened
other person does not harm
and protection amounts to
amount to a constituting a
a crime
3. What are punishable acts under Art. 282 crime crime, without
(Grave Threats) persisting in
the idea
Answer: involved.
a. Threatening another with the infliction upon As to Demand for Money
his person, honor or property or that of this Demand for No demand for
family of any wrong amounting to a crime money/ money or
and demanding money or imposing any Demand is imposition of condition is
other condition, even though not unlawful, not an any imposed.
and the offender attained his purpose; essential condition is
b. Making such threat without the offender element an essential
attaining his purpose; under element
c. Threatening another with the infliction upon mode 3. whether
his person, honor or property or that of his attained or
family of any wrong amounting to a crime, not.
the threat not being subject to a condition.
6. What are the differences between
Note: If another crime is actually committed or coercion and threats?
the objective of the offender is to commit a
different crime, and the threat is only a means Answer: In coercion: (1) The threatened harm
to commit it or a mere incident to its or wrong is immediate and direct; (2) It cannot
commission, then the threat is absorbed by the be performed by means of an intermediary or
other crime. However, if the threat was made in writing; and (3) It is done personally on the
with the deliberate purpose of creating in the victim.
mind of the person threatened the belief that
the threat would actually be carried into effect, In threats, (1) The threatened harm or wrong is
then the crime committed is grave threats, and future and conditional; (2) It may be performed
by means of an intermediary or in writing; and

Page 34 of 138
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(3) It may be directed against the victim or his Answer:

or her family [Boado, at 819]. PUBLIC
DISCOVE- OFFICER
REVEA-
7. In light coercion, is actual physical RING REVEA-
LING
violence necessary? SECRETS LING
SECRETS
THROUGH SECRETS
WITH
Answer: No. It is sufficient that the attitude of SEIZURE OF OF
ABUSE OF
the offender in seizing the property of his CORRESPON- PRIVATE
OFFICE
debtor is notoriously menacing, so as to DENCE INDIVI-
[ART. 291]
amount to grave intimidation, or to create a [ART. 290] DUAL
situation that would necessarily intimidate the [ART. 230]
victim [Reyes, Book Two, at 666]. As to Offender
Private Public Manager,
8. Differentiate Light coercion, Robbery Individual or Officer Employee
and Estafa. Public Officer or Servant
not in the serving a
Answer: exercise of his Principal or
ESTAFA BY official Master
LIGHT MEANS OF functions
ROBBERY
COERCION DECEIT As to Where Secrets are Contained
[ART. 294]
[ART. 287] [ART. 315 (2 Papers or No specific No specific
& 3)] letters of medium. medium.
Property Value of the No obligation another What is The
seized is property on the part of necessary offender
applied to seized is the offended is that the learns of
debt by greater than party (no offender the secret
means of the debt and debt is learns of by reason
violence. violence, involved) but the secret of her or his
intimidation deceit by reason employ-
or use of caused of his office ment.
force upon damage to As to Revelation of Secrets
things is him. Secrets need Secrets must be revealed
employed not be
revealed.
3. Chapter III: Discovery and
Revelation of Secrets I. Crimes Against Public
1. Differentiate these three felonies—
Interest
Discovering Secrets through Seizure of
Correspondence (Art. 290), a Public 1. Chapter I: Forgeries
Officer Revealing Secrets of a Private
Individual (Art. 230) and Revealing a. Counterfeiting Coins (Arts. 163
Secrets with Abuse of Office (Art. 291) - 165)

1. What is the meaning of counterfeiting?

Answer: 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]

Page 35 of 138
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2. What does “to utter” mutilated coins
mean?
Answer: To utter is to pass counterfeited
coins. It includes delivery or the act of giving
them away. A counterfeited coin is uttered
when it is paid or when the offender is caught
counting the counterfeited coins preparatory to
the act of delivering them, even though the
utterer may not obtain the gain he intended
[Reyes, Book Two].
3. Can a person be held criminally liable for
mutilating coin that is not legal tender?
Answer: No. The coin contemplated by Art.
164 (Mutilation of Coins) is one that is legal
tender.
4. Does the provision on mutilation of
coins cover foreign coins?
Answer: No. The coin mutilated has to be legal
currency of the Philippines. It must also be
genuine and has not been withdrawn from
circulation. If the coin mutilated is legal tender
of another country, it is not a crime under the
RPC [Reyes, Book Two].
5. Does the crime of selling false or
mutilated coins require that the coin be
legal tender?
Answer: No. Unlike Art 164, Art 165 does not
require that the false coin be current or legal
tender. But if the coin being uttered or
possessed with intent to utter is a mutilated
coin, it must be legal tender. [Reyes, Book
Two]
b. Counterfeiting notes and other
instruments (Art. 166)
6. What constitutes counterfeiting of notes
and other instruments?
Answer:
a. Forging treasury or bank notes or other
documents payable to bearer [RPC, Art.
167]
b. Counterfeiting, importing, and uttering
instruments not payable to bearer [RPC,
Art. 168]
Page 36 of 138
CRIMINAL LAW
7. How is forgery committed?
Answer:
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]
c. Falsification (Arts. 170-176)
1. What are the five classes of falsification?
Answer:
a. Falsification of Legislative Documents [Art.
170]
b. Falsification of a document by a public
officer, employee, notary public, or
ecclesiastical minister [Art. 171]
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]
2. Differentiate forgery from falsification
Answer: 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]
3. Is intent to gain required in falsification?
Answer: Wrongful intent is required in
falsification of private documents. [Reyes,
Book TWO] However, in falsification of public
or official documents, the presence of intent to
gain or intent to injure a third person is not
necessary for what is punished is the violation
of the public faith and the destruction of the
truth as therein solemnly proclaimed. [Liwanag
v. People, G.R. No. 205260, July 2, 2019]
UP LAW BOC
4. What is the crime committed if the public
officer who commits falsification did not
take advantage of his official position?
Answer: He will be criminally liable under Art
172 (Falsification by Private Individuals)
instead of Art 171 (Falsification by Public
Officers, Employees) because he will be
considered as a private person committing
falsification [Soriano v. People, GR 245419,
June 19, 2019]
5. What is the liability of a private individual
if he conspired with a public officer who
committed falsification?
Answer: A private person who cooperates with
a public officer in the falsification of a public
document is guilty of this crime and incurs the
same liability and penalty as the public officer
[US v. Ponte, GR 5952, October 24, 1911]
6. Does falsification contemplate the
existence of a “genuine” document?
Answer: This will depend on the mode of
falsification. If it is by (1) making alteration or
intercalation, or (2) including in a copy a
different statement, there must be a genuine
document that is falsified. In other paragraphs
of Art 171, falsification may be committed by
simulating or fabricating a document [Reyes,
Book Two]
7. Is there a complex crime of estafa
through falsification of private
document?
Answer: No. There is no complex crime of
estaga through falsification of private
document because the immediate effect of
falsification of private document is the same as
that of estafa. If the falsification of a private
document is committed as a means to commit
estafa, the proper crime to be charged is
falsification. If the estafa can be committed
without the necessity of falsifying a document,
the proper crime to be charged is eatafa [Co v.
People, GR 233015, Oct 16, 2019]
Page 37 of 138
PRE-WEEK CRIMINAL LAW
2. Chapter II: Other Falsities
1. What are punishable acts under Art. 177
(Usurpation of Authority or Official
Functions)?
Answer:
a. By knowingly and falsely representing
himself as an officer, agent or
representative of any department or
agency of the Philippine government or of
any foreign government; or
b. By performing any act pertaining to any
person in authority or public officer without
being lawfully entitled to do so.
2. Is good faith a defense under Art. 177?
Answer: YES. In prosecutions for usurpation
of official functions, good faith is recognized as
a defense. [Ruzol v. Sandiganbayan, G.R. Nos.
186739-960]
3. What is a “fictitious name” under Art.
178 (Using Fictitious and Concealing
True Name)?
Answer: A fictitious name is any other name
which a person publicly applies to himself
without authority of law. [US v. To Lee Piu, GR
11522, September 26, 1916]
4. Is the use of a fictitious name illegal in
all cases?
Answer: No. The purpose of using a fictitious
name must be to conceal a crime, evade the
execution of a judgment, or to cause damage.
5. What are the three forms of false
testimony?
Answer:
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]
UP LAW BOC PRE-WEEK
6. How is false testimony committed?
Answer: False testimony is committed by a
person who, being under oath and required to
testify as to the truth of a certain matter at a
hearing before a competent authority, shall
deny the truth or say something contrary to it
[Reyes, Book Two]
7. May an accused himself be liable for
making false statements favorable to
him?
Answer: A defendant who falsely testifies in
his own behalf can only be guilty under Art 181
(False Testimony Favorable to Defendant)
when he voluntarily goes up on the witness
stand and falsely imputes to some other person
the commission of a grave offense. If he merely
denies the commission of the crime or his
participation therein, he should not be
prosecuted for such false testimony [US v.
Soliman, GR L-11555, January 6, 1917]
8. When is perjury committed?
Answer: 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. Estraña, G.R. No.
5751, September 6, 2010]
9. What is a “material matter” in relation to
perjury?
Answer: It is the main fact which was the
subject of the inquiry or any circumstance or
fact which tends to prove the fact subject of the
inquiry, which tends to corroborate or
strengthen the testimony relative to such
inquiry, and which legitimately affects the credit
of any witness who testifies [Sps Aboitiz v. Sps
Po, GR 208450, June 5, 2017]
Page 38 of 138
CRIMINAL LAW
J. RA 9262 (Anti-Violence
Against Women and Children
Act of 2004)
1. What constitutes violence against
women and their children (VAWC)?
Answer: VAWC refers to any act or a series of
acts which would result to or is likely to result in
physical, sexual, psychological and economic
harm or abuse, committed by any person
against a person who is: [WF-DCC]
a. His Wife,
b. Former wife, or
c. Woman with whom the person has or had
a sexual or Dating relationship, or
d. Woman with whom he has a Common
child, or
e. His Child whether legitimate or illegitimate,
within or without the family abode [Sec.
3(a)]
2. Can women be held liable under the
law?
Answer: Yes, women can also be liable under
the law. These are the lesbian
partners/girlfriends or former partners of the
victim with whom she has or had a sexual or
dating relationship [Garcia vs. Drilon, G.R. No.
179267, (2013)]
3. What constitutes a dating or sexual
relationship?
Answer: Dating relationship refers to a
situation wherein the parties:
a. Live as Husband and wife without the
benefit of marriage; or
b. Are Romantically involved over time and on
a continuing basis during the course of the
relationship. [Sec. 3(e)]
Note: A casual acquaintance or ordinary
socialization between two individuals in a
business or social context is not a dating
relationship. [id]
On the other hand, sexual relations refer to a
single sexual act which may or may not result
in the bearing of a common child. [Sec. 3(f)]
UP LAW BOC PRE-WEEK
4. What are the types of violence covered
by the law?
Physical Violence - refers to acts that include
bodily or physical harm [Sec. 3(a)(A)]
Sexual Violence - refers to an act which is
sexual in nature, committed against a woman
or her child. It includes, but is not limited to:
[RSP]
a. Rape, sexual harassment, acts of
lasciviousness, treating a woman or her
child as a sex object, making demeaning
and sexually suggestive remarks,
physically attacking the sexual parts of the
victim's body, forcing her/him to watch
obscene publications and indecent shows
or forcing the woman or her child to do
indecent acts and/or make films thereof,
forcing the wife and mistress/lover to live in
the conjugal home or sleep together in the
same room with the abuser;
b. Acts causing or attempting to cause the
victim to engage in any Sexual activity by
force, threat of force, physical or other
harm or threat of physical or other harm or
coercion;
c. Prostituting the woman or child. [Sec.
3(a)(B)]
Psychological Violence - acts or omissions
causing or likely to cause mental or emotional
suffering of the victim such as but not limited to:
[HIS-PR-VIW-D]
a. Intimidation,
b. Harassment,
c. Stalking,
d. Damage to Property,
e. Public Ridicule or humiliation,
f. Repeated Verbal abuse,
g. Mental Infidelity,
h. Causing or allowing the victim to Witness
the physical, sexual or psychological abuse
of a member of the family to which the
victim belongs, or pornography in any form
or to witness abusive injury to pets or to
unlawful or
i. Unwanted Deprivation of the right to
custody and/or visitation of common
children [Sec. 3(a)(C)]
Economic abuse - Acts that make or attempt
to make a woman financially dependent which
Page 39 of 138
CRIMINAL LAW
includes, but is not limited to the following:
[WDDC]
a. Withdrawal of financial support or
preventing the victim from engaging in any
legitimate 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)]
5. What are the acts punishable under the
law?
Answer: [CPTA-PA]
1. Causing Physical harm to the woman or her
child;
2. Threatening to cause the woman or her
child physical harm;
3. Attempting to cause the woman or her child
physical harm;
4. Placing the woman or her child in fear of
imminent physical harm;
5. Attempting to:
a. Compel or compelling the woman or her
child to engage in conduct they have the
right to desist from or desist from conduct
which the woman or her child has the
right to engage in, or
b. Restrict the woman's or her child's
freedom of movement or conduct by
force or threat of force, physical or other
harm or threat of physical or other harm,
or intimidation directed against the
woman or child.
(a) and (b) shall include, but not limited
to, the following acts: [CuF-PRiPS]
i. Threatening to deprive or actually
depriving the woman or her child of
Custody to her/his family;
ii. Depriving or threatening to deprive
the woman or her children of
Financial support legally due her or
her family, or deliberately providing
UP LAW BOC PRE-WEEK
the woman's children insufficient
financial support;
iii. Depriving or threatening to deprive
the woman or her child of a legal
Right;
iv. Preventing the woman in engaging in
any legitimate Profession,
occupation, business or activity or
controlling the victim's own mon4ey
or properties, or solely controlling the
conjugal or common money, or
properties;
v. Inflicting or threatening to inflict
Physical harm on oneself for the
purpose of controlling her actions or
decisions;
vi. Causing or attempting to cause the
woman or her child to engage in any
Sexual activity which does not
constitute rape, by force or threat of
force, physical harm, or through
intimidation directed against the
woman or her child or her/his
immediate family;
6. Engaging in purposeful, knowing, or
reckless conduct, personally or through
another, that alarms or causes substantial
emotional or psychological Distress to the
woman or her child. It includes but is not
limited to the following acts: [SWEDeH]
a. Stalking or following the woman or her
child in public or private places;
b. Peering in the Window or lingering
outside the residence of the woman or
her child;
c. Entering or remaining in the dwelling or
on the property of the woman or her child
against her/his will;
d. Destroying the property and personal
belongings or inflicting harm to animals
or pets of the woman or her child; and
e. Engaging in any form of Harassment or
violence;
7. Causing mental or emotional anguish,
public ridicule or humiliation to the woman
or her child (e.g., repeated verbal and
emotional abuse, denial of financial support
or custody of minor children). [Sec. 5]
6. What are the elements of Sec. 5 (i),
which makes punishable the act of
“causing mental or emotional anguish,
Page 40 of 138
CRIMINAL LAW
public ridicule or humiliation to the
woman or her child”?
Answer:
a. The offended party is a woman and/or her
child or children;
b. The woman is either the wife or former wife
of the offender, or is a woman with whom
the offender has or had a sexual or dating
relationship, or is a woman with whom such
offender has a common child. As for the
woman's child or children, they may be
legitimate or illegitimate, or living within or
without the family abode;
c. The offender causes on the woman and/or
child mental or emotional anguish; and
d. The anguish is caused through acts of
public ridicule or humiliation, repeated
verbal and emotional abuse, denial of
financial support or custody of minor
children or access to the children or similar
such acts or omissions. [Dinamling v.
People, G.R. No. 199522, June 22, 2015]
Note: Sec. 5 (i) of RA 9262 is a form of
psychological violence and psychological
violence is an element of violation of Sec. 5 (i)
just like the mental or emotional anguish
caused on the victim. Psychological violence is
the means employed by the perpetrator, while
mental or emotional anguish is the effect
caused to or the damage sustained by the
offended party. [Melgar v. People, G.R. No.
223477, February 14, 2008]
7. How is deprivation of financial support
punishable under the Act?
Answer: 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]
UP LAW BOC PRE-WEEK CRIMINAL LAW

8. Can a single act of harassment, which violence and

translates into violence, be enough to the filing of
constitute VAWC? the
application.
Answer: Yes, one act of sending an offensive Effect of Violation
picture should is considered a form of Contempt of court Punishable by
harassment. [Pascua vs. CA, G.R. No. 182835, punishable under Rule 71 imprisonment
(2010)] of the ROC, without of 30 days
prejudice to any other without
Note: What is obscene and injurious to an criminal or civil action that prejudice to
offended woman can only be determined the offended party may file any other
based on the circumstances of each case. [id.] for any of the acts criminal or civil
committed. action that the
9. What is a protection order? offended party
may file for any
Answer: A protection order is an order for the of the acts
purpose of preventing further acts of violence committed.
against a woman or her child and granting [RA 9262]
other necessary reliefs. [Sec. 8]
Note: The offender’s parents (or the offended
10. Compare and contrast temporary, party’s parents-in-laws) may be covered under
permanent, and barangay protection temporary protection orders (TPOs), the
order. provision in Art. 8 of RA 9262 states that the
protection orders could be used to prevent the
Answer: offender from harming the victim “personally or
TEMPO- PERMA- through another.” [Sharica Go-Tan vs. Sps.
RARY NENT BARANGAY Tan, G.R. No. 193960]
PROTEC- RESTRAI- PROTECTION
TION NING ORDER 11. Who may apply for a TPO?
ORDER ORDER (BPO)
(TPO) (PRO) Answer: [OP-ReS-PoBaL-2]
Effectivity (In Days) a. Offended Party;
30 Days Permanent 15 Days b. Her Parents or Guardians;
Person/Entity that Issues c. Ascendants, descendants or collateral
Punong Relatives (within the 4th degree of
Court
Barangay consanguinity or affinity);
Manner of Issuance d. Social Workers of the DSWD or LGUs;
Issued by Issued by the Issued to the e. Police Officers;
the court court after applicant on f. Barangay Captains or Kagawads;
on the notice and the date of g. Lawyer, counselor, therapist or healthcare
date of hearing. filing after ex providers; and
filing of the parte h. At least 2 concerned responsible citizens in
application Note: The determination the city or municipality where the violence
after ex court shall of the basis of occurred with personal knowledge of the
parte not deny the the application. offense committed. [Sec. 12, Rule IV,
determina- issuance of VAWC, IRR]
tion that protection
such order order on the 12. Is being under the influence of alcohol
should be basis of the or drugs a valid defense under the Act?
issued. lapse of time
between the Answer: No, being under the influence of
act of alcohol, any illicit drug, or any other mind-

Page 41 of 138
UP LAW BOC PRE-WEEK
altering substance shall not be a defense under
the Act [Sec 27].
13. How is a woman suffering from Battered
Woman Syndrome treated under this
law?
Answer: 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].
K. RA 7610 (Special Protection
of Children Against Abuse,
Exploitation, and
Discrimination Act)
1. Who are considered “children” under the
Act?
Answer: 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)]
2. What is child abuse?
Answer: 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
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CRIMINAL LAW
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)]
3. Who may be held liable under the Act?
Answer: [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
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]
4. Can a parent be held liable under the Act
for disciplining his child?
Answer: Yes, the law considered physical
abuse as child abuse, whether habitual or not.
Accordingly, the Supreme Court held that the
act of belting, pinching, and strangling of a child
constitutes child abuse.
UP LAW BOC PRE-WEEK
These abusive acts are intrinsically cruel and
excessive as they impair the child's dignity and
worth as a human being and infringe upon her
right to grow up in a safe, wholesome, and
harmonious place. [Tonyay v. People, G.R. No.
217764, August 7, 2017]
5. Can a person who cursed a child, in the
heat of anger, be held liable for child
abuse?
Answer: No. Sec. 10(a) of R.A. No. 7610, in
relation to Sec. 3(b) of the same law, highlights
that in child abuse, the act by deeds or words
must debase, degrade or demean the intrinsic
worth and dignity of a child as a human being.
Note that debasement is defined as the act of
reducing the value, quality, or purity of
something; degradation, on the other hand, is
a lessening of a person's or thing's character or
quality; while demean means to lower in status,
condition, reputation or character
Accordingly, a person cannot be held liable for
the crime of child abuse when her utterances
against the minors were only made in the heat
of anger, such as when there was provocation
by the minors, and absent any showing of an
intent to debase the "intrinsic worth and dignity"
of the children as human beings, or that she
had intended to humiliate or embarrass them.
[Ignacio v. People, G.R. No. 226881,
December 10, 2018]
6. Can an offender, who is also a minor, be
prosecuted under the Act?
Answer: No. R.A. 7610 was enacted in order
to protect children from abuse, exploitation,
and discrimination by adults and not by
persons who are also children themselves.
Section 5 of RA 7610 expressly states that a
child is deemed to be sexually abused when
coerced or influenced by an adult, syndicate, or
Page 43 of 138
CRIMINAL LAW
group. [BBB vs. People, G.R. No. 249307,
August 27, 2020]
7. What is punished under Sec. 5(b) of the
Act?
Answer: It punishes those who commit the act
of sexual intercourse or lascivious conduct with
a child exploited in prostitution or subjected to
other sexual abuse. The child, in this case,
whether male or female, is below 18 years of
age. [Navarrete v. People, G.R. No. 147913
(2007)]
However, when when the victims is under
twelve (12) years of age, the perpetrators shall
be prosecuted under Article 335, paragraph 3,
for rape and Article 336 of Act No. 3815, as
amended, the Revised Penal Code, for rape or
lascivious conduct, as the case may be. [Sec.
5 (b), R.A. No. 7610]
Note: Sexual abuse is more than mere sexual
intercourse or lascivious conduct. [Campanilla,
2021 Updates on Criminal Laws, pg. 65]
Sexual abuse includes the inducement or
coercion of a child to engage in sexual
intercourse or lascivious conduct. [Id.]
8. What constitutes lascivious conduct?
Answer: It is the intentional touching, either
directly or through clothing, of the genitalia,
anus, groin, breast, inner thigh, or buttocks, or
the introduction of any object into the genitalia,
anus or mouth of any person whether of the
same or opposite sex, with an intent to abuse,
humiliate, harass, degrade, or arouse or gratify
the sexual the sexual desire of any person,
bestiality, masturbation, lascivious exhibition of
the genitals or pubic area of the person. [Sec
2, Par h, Rules and Regulations on the
Reporting and Investigation of Child Abuse
Cases]
UP LAW BOC PRE-WEEK CRIMINAL LAW

9. What are the applicable laws and penalties for the crimes of acts of lasciviousness and rape
by carnal knowledge or sexual assault, depending on the age of the victim?

Answer:
12 YEARS OLD TO
UNDER 12 YEARS BELOW 18, OR 18 18 YEARS OLD AND
ACTS COMMITTED
OLD OR DEMENTED UNDER SPECIAL ABOVE
CIRCUMSTANCES
Acts of Acts of Lasciviousness Lascivious conduct Not applicable
Lasciviousness under Article 336 of the under Section 5(b) of
committed against RPC in relation to R.A. No. 7610:
children exploited in Section 5(b) of R.A. reclusion temporal in
prostitution or other No. 7610: reclusion its medium period to
sexual abuse temporal in its medium reclusion perpetua
period
Sexual Assault Sexual Assault under Lascivious Conduct Not applicable
committed against Article 266-A(2) of the under Section 5(b) of
children exploited in RPC in relation to R.A. No. 7610:
prostitution or other Section 5(b) of R.A. reclusion temporal in
sexual abuse No. 7610: reclusion its medium period to
temporal in its medium reclusion perpetua
period
Sexual Intercourse Rape under Article Sexual Abuse under Not applicable
committed against 266-A(1) of the RPC: Section 5(b) of R.A.
children exploited in reclusion perpetua, No. 7610: reclusion
prostitution or other except when the victim temporal in its medium
sexual abuse is below 7 years old in period to reclusion
which case death perpetua
penalty shall be
imposed
Rape by carnal Rape under Article Rape under Article Rape under Article
knowledge 266-A(1) in relation to 266-A(1) in relation to 266-A(1) of the RPC:
Art. 266-B of the RPC: Art. 266-B of the RPC: reclusion perpetua
reclusion perpetua, reclusion perpetua
except when the victim
is below 7 years old in
which case death
penalty shall be
imposed
Rape by sexual Sexual Assault under Lascivious Conduct Sexual Assault under
assault Article 266-A(2) of the under Section 5(b) of Article 266-A(2) of the
RPC in relation to R.A. No. 7610: RPC: prision mayor
Section 5(b) of R.A. reclusion temporal in
No. 7610: reclusion its medium period to
temporal in its medium reclusion perpetua
period
(People v. Tulagan, G.R. No. 227363, March 12, 2019)

Note: Twelve (12) years of age' under Article 266-A(1)(d) is either the chronological age of the child if
he or she is not suffering from intellectual disability, or the mental age if intellectual disability is
established [People vs. Pusing, G.R. No. 208009, July 11, 2016].

Page 44 of 138
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10. Can an offender be prosecuted for both
the crime of sexual abuse under the Act
and rape under the RPC?
Answer: No, 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)]
11. What are other acts punishable under
the Act?
L. RA 11313 (Safe Spaces Act)
1. What is Catcalling?
Answer: 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)]
2. What is Gender-based Online Sexual
Harassment?

Answer: Answer: These are online conduct targeted at

a. Attempt to commit child prostitution [Sec 6] a particular person that causes or likely to
b. Child trafficking [Sec 7], or the act of trading cause another mental, emotional or
and dealing with children (e.g., act of psychological distress, and fear of personal
buying and selling of a child for money, or safety, sexual harassment acts including
for any other consideration, or barter). [UTURCO]:
c. Attempt to commit child trafficking [Sec. 8] a. Unwanted sexual remarks and comments,
d. Engagement of children in the worst forms b. Threats,
of child labor c. Uploading or sharing of one’s photos
e. Engagement of children in obscene without consent,
publications and indecent shows [Sec 9] d. video and audio Recordings,
f. Other acts of neglect, abuse, cruelty or e. Cyberstalking and
exploitation and other conditions prejudicial f. Online identity theft [Sec. 3(e)]
to the child’s development [Sec 10]
3. How is stalking under RA 9262 different
Note: An accused can be prosecuted and from Stalking under this Act?
be convicted under Section 10(a) if he
commits any of the four acts therein. The Stalking (RA 9262 – Anti-VAWC law) v.
prosecution need not prove that the acts of Stalking (RA 11313)
child abuse, child cruelty and child
exploitation have resulted in the prejudice STALKING STALKING
of the child because an act prejudicial to [RA 9262] [RA 11313]
the development of the child is different
from the former acts. [Galia v. People, G.R. As to the Offender
No. 235071, January 7, 2019]
Must have had a
sexual or dating
g. Employment of children as models in Any person
relationship with the
advertisement directly or indirectly
victim
promoting alcoholic beverages,
intoxicating drinks, tobacco and its As to Means
byproducts, gambling or any form of
violence or pornography [Sec 14] Knowingly and without 1. Repeated
h. Discrimination of children of Indigenous lawful justification: visual or
Cultural Communities [Sec 20] 1. Follows the physical
woman or her proximity,
child or 2. Repeated non-
2. Places the woman consensual
or her child under communication,
surveillance or

Page 45 of 138
UP LAW BOC PRE-WEEK CRIMINAL LAW

sexual names, comments and demands;

directly or 3. Combination
and any statement that has made an
indirectly or thereof
invasion on a person’s personal space or
3. Combination
threatens a person’s sense of personal
thereof.
safety
b. Making offensive body gestures at
4. What are punishable acts under this someone; and exposing private parts for
law? the sexual gratification of the perpetrator
with the effect of demeaning, harassing,
Answer: threatening or intimidating the offended
a. Gender-Based Streets and Public Spaces party including flashing of private parts,
Sexual Harassment [Sec 11 in relation to masturbation, groping, and similar lewd
Sec. 4] sexual actions
b. Gender-Based Online Sexual Harassment c. Stalking; and
[Sec. 12] d. Any of the acts mentioned in (a) and (b)
c. Qualified Gender-Based Streets, Public accompanied by touching, pinching, or
Spaces and Online Sexual Harassment brushing against the body of the offended
[Sec. 15] person; or any touching, pinching or
d. Gender Based Sexual Harassment in the brushing against the genitalia, face, arms,
Workplace [Sec. 16] anus, groin, breasts, inner thighs, buttocks,
e. Gender-Based Sexual Harassment in or any part of the victim’s body even when
Educational and Training Institutions [Sec. not accompanied by the act mentioned in
21] (a) and (b) [Sec. 11]

5. What is Gender-Based Streets and 6. What are the places wherein acts
Public Spaces Sexual Harassment? constitutive of Gender-Based Streets
and Public Spaces Sexual Harassment
Answer: [UA] may be performed?
a. Any Unwanted and uninvited sexual
actions or remarks against any person Answers:
regardless of the motive for committing a. Buildings
such action or remarks b. Schools
b. These cover any Advances, whether verbal c. Churches
or physical, which are unwanted and have d. Restaurants
threatened one’s sense of personal space e. Malls,
and physical safety, and are committed in f. Public washrooms
public spaces. [Sec. 4] g. Bars
h. Internet shops,
Specifically, these acts include: i. Public markets
a. Cursing; wolf whistling; catcalling; leering j. Transportation terminals or public utility
and intrusive gazing; taunting; unwanted vehicles. [Sec. 4]
invitations; misogynistic, transphobic,
homophobic, and sexist slurs; persistent 7. What acts constitute Gender-Based
unwanted comments on one’s appearance; Online Sexual Harassment?
relentless requests for one’s personal
details (such as name, contact and social Answer: [TURIF]
media details or destination); the use of a. Acts that use information and
words, gestures, or actions the ridicule on communications Technology in terrorizing
the basis of sex, gender, or sexual and intimidating victims through physical,
orientation, identity and/or expression psychological, and emotional threats;
including sexist, homophobic, and unwanted sexual misogynistic,
transphobic statements and slurs; the transphobic, homophobic, and sexist
persistent telling of sexual jokes; use of remarks and comments online whether

Page 46 of 138
UP LAW BOC PRE-WEEK
publicly or through direct and private
messages; invasion of victim’s privacy
through cyberstalking and incessant
messaging;
b. Uploading and sharing without the consent
of the victim, any form of media that
contains photos, voice, or video with sexual
content;
c. Any unauthorized Recording and sharing
of any of the victim’s photos, videos, or any
information online;
d. Impersonating identities of victims online or
posting lies about victims to harm their
reputation; or
e. Filing False abuse reports to online
platforms to silence victims [Sec. 12]
XPN: The use of online records or any copy
thereof as evidence in any civil, criminal
investigation, or trial of a crime shall not be
considered an act constitutive of online sexual
harassment on the condition that it be
authorized by the court through a written order.
[Sec. 14]
8. What acts constitute Qualified Gender-
Based Streets, Public Spaces and Online
Sexual Harassment?
Answer: [P-MiMe-PG]
a. Act takes place in a common carrier or PUV
including but not limited to: jeepneys, taxis,
tricycles, or app-based transport network
vehicle services, where the perpetrator is
the driver of the vehicle and the offended
party is a passenger;
b. Offended party is a Minor, a senior citizen,
or a PWD, or a breastfeeding mother
nursing her child;
c. Offended party is diagnosed with a Mental
problem tending to impair consent;
d. Perpetrator is a member of uniformed
services: PNP, AFP, and the act was
perpetrated while the perpetrator was in
uniform;
e. If the act takes place in the premises of a
Government agency offering frontline
services to the public and the perpetrator is
a government employee. [Sec. 15]
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CRIMINAL LAW
9. What acts constitute Gender Based
Sexual Harassment in the Workplace?
Answer: [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,
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]
10. What are the duties of schools in
relation to Gender-Based Sexual
Harassment in Educational and
Training Institutions?
Answer: All schools, whether public or private,
shall:
a. Designate an officer-in-charge to receive
complaints regarding violations of this Act,
b. Ensure that the victims are provided with a
gender-sensitive environment that is both
respectful to the victims’ needs and
conducive to truth-telling.
c. Adopt and publish grievance procedures to
facilitate the filing of complaints by students
and faculty members.
d. Promptly investigate to determine the
veracity of information or knowledge and
the circumstances under which the act of
gender-based sexual harassment or
sexual violence were committed.
e. Take appropriate steps to resolve the
situation.
UP LAW BOC PRE-WEEK CRIMINAL LAW

f. Take immediate Action to eliminate the As to the Act in the Workplace

same acts, prevent their recurrence, and Involves unwanted Limited to a
address their effects. [Sec. 21] sexual advances, demand, request, or
requests, or requirement of a
11. Does a student need to file a request demands; or sexual sexual favour
before the school can investigate conduct
gender-based sexual harassment It is not enough that
cases? It suffices that the the act is simply
conduct affects a offensive or
Answer: No. Even if an individual does not person’s dignity, is unwelcome. The act
want to file a complaint or does not request that offensive, must either affect
the school take any action on behalf of a unwelcome, or the employee’s
student or faculty member and school unreasonable opportunities, rights
authorities have knowledge or reasonably and privileges, or at
know about a possible or impending act of the very least result
gender-based sexual harassment or sexual in an intimidating,
violence, the school should promptly hostile, or offensive
investigate to determine the veracity of such environment.
information or knowledge and the As to the Act in Educational Institutions
circumstances under which the act of gender- It suffices that the At the very least, the
based sexual harassment or sexual violence sexual advances are act has to be
were committed, and take appropriate steps to unwanted and committed against
resolve the situation. threaten one’s sense one under the care
of personal space of the offender or
If a school knows or reasonably should know and physical safety. whose education,
about acts of gender-based sexual harassment training,
or sexual violence being committed that apprenticeship, or
creates a hostile environment, the school must tutorship has been
take immediate action to eliminate the same entrusted to the
acts, prevent their recurrence, and address offender.
their effects. [Sec. 21]
The sexual advance
12. Differentiate sexual harassment under must have resulted
the Safe Spaces (RA No. 11313) Act v. in an intimidating,
Sexual Harassment under the Anti- hostile, or offensive
Sexual Harassment Act (RA No. 7877) environment or the
sexual favour made
Answer: a condition for
ANTI-SEXUAL academic or
SAFE SPACES
HARASSMENT financial
ACT
ACT consideration.
[RA 11313]
[RA 7877]
As to the Offender 13. Is breastfeeding in public penalized
Offender need not Offender must have under the Act?
have ascendancy authority, influence
over the victim. It or moral Answer: No, acts that are legitimate
may be committed ascendancy over expressions of indigenous culture and tradition,
between peers or to the victim as well as breastfeeding in public shall not be
a superior by a penalized. [Sec. 31]
subordinate or to a
teacher by a student

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M. RA 10173 (Data Privacy Act of
2012)
1. Who is considered a data subject?
Answer: A data subject refers to an individual
whose personal, sensitive personal or
privileged information is processed [Sec. 3(c)]
2. What are the rights of a data subject?
Answer:
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]
3. What are the limitations of the rights of
data subject?
Answer: 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]
4. What constitutes personal information
(PI) and sensitive personal information
(SPI).
Answer: Personal information (PI) refers to
any information whether recorded in a material
form or not, from which the identity of an
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PRE-WEEK CRIMINAL LAW
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)]
Main difference:
PI SPI
As to Processing
Processing of PI is Processing of SPI is
allowed if not prohibited unless at
otherwise prohibited least one ground for
by law, and when at lawful processing
least 1 ground for exists.
lawful processing
exists (eg. Consent Note: The penalty
of data subject) for unlawful acts
involving SPI is
more severe than
violating unlawful
acts involving PI
[Divina, 2021]
5. What is privileged information?
Answer: Privileged information refers to any
and all forms of data which under the Rules of
Court and other pertinent laws constitute
privileged communication.
UP LAW BOC PRE-WEEK CRIMINAL LAW

6. Are photographs considered personal information in

information? connection with
the individual’s
Answer: Yes. Under the DPA, personal personal, Family
information is defined as any information or household
whether recorded in a material form or not, affairs.
from which the identity of an individual is
apparent or can be reasonably and directly 8. Distinguish Outsourcing and Data
ascertained by the entity holding the Sharing
information, or when put together with other
information would directly and certainly identify Answer: First, all parties to a data sharing
an individual. Thus, images of an individual agreement are considered personal
generally fall under this category as they may information controllers while in a
reasonably or directly ascertain the identity of subcontracting or outsourcing agreement, the
the data subject. [NPC Advisory Opinion No. parties have to be at least one personal
2021-032] information controller and one personal
information processor." Second, in terms of
7. Distinguish a PI controller from a PI objective, each party to a data sharing
processor. agreement has its own purpose for processing
the personal data involved, while in a
Answer: subcontracting or outsourcing agreement, a
PI CONTROLLER PI PROCESSOR personal information processor has no other
[SEC. 3(H)] [SEC. 3(I)] reason for processing the personal data other
A person or Any natural or than that as instructed by the personal
organization who juridical person information controller." Lastly, data sharing
controls the qualified to act as shall be governed by a data sharing agreement
collection, holding, such under this Act while outsourcing is best evidenced by an
processing or use of to whom a personal outsourcing agreement.
personal information, information
including a person or controller may Data sharing and outsourcing agreements
organization who outsource the must comply with the principles of
instructs another processing of transparency, legitimate purpose, and
person or personal data proportionality, as well as general principles in
organization to pertaining to a data collection, processing, and retention of
collect, hold, subject. personal data. [Divina, 2021]
process, use,
transfer or disclose 9. What is the scope of the Act?
personal information
on his or her behalf. Answer:
General Rule: the act applies to:
Excludes: [AF] 1. Processing of all types of personal
1. A person or information; and
organization who 2. To any natural and juridical person involved
performs such in personal information processing
functions as including those,
instructed by a. Although not found or established in
Another person the Philippines, use equipment that are
or organization; located in the Philippines, or
and b. Who maintain an office, branch or
2. An individual who agency in the Philippines, provided that
collects, holds, the requirements of Section 5
processes or (Protection to journalists) are complied
uses personal with.

Page 50 of 138
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Exceptions: the act will not apply to: [GC-FiJA-
BaFo]
1. Information about any individual who is or
was an officer or employee of a Government
institution that relates to the position or
functions of the individual, including:
a. The fact that the individual is or was an
officer or employee of the government
institution;
b. The title, business address and office
telephone number of the individual;
c. The classification, salary range and
responsibilities of the position held by the
individual; and
d. The name of the individual on a
document prepared by the individual in
the course of employment with the
government;
2. Information about an individual who is or
was performing service under Contract for a
government institution that relates to the
services performed;
3. Information relating to any discretionary
benefit of a Financial nature such as the
granting of a license or permit given by the
government to an individual;
4. Personal information processed for
Journalistic, artistic, literary or research
purposes;
5. Information necessary in order to carry out
the functions of public Authority which
includes the processing of personal data for
the performance by the independent,
central monetary authority and law
enforcement and regulatory agencies of
their constitutionally and statutorily
mandated functions.
Note: Nothing in this Act shall be construed
as to have amended or repealed RA 1405
(Secrecy of Bank Deposits Act); RA 6426
(Foreign Currency Deposit Act); and RA
9510, [Credit Information System Act
(CISA)];
6. Information necessary for Banks and other
financial institutions under the jurisdiction of
the independent, central monetary authority
or BSP to comply with Republic Act No.
9510, and RA. 9160, (Anti-Money
Laundering Act) and other applicable laws;
and
Page 51 of 138
CRIMINAL LAW
7. Personal information originally collected
from residents of foreign jurisdictions in
accordance with the laws of those Foreign
jurisdictions.
Further, The DPA and its IRR explicitly state
that they apply to the processing of personal
data, even if the act or practice is performed
outside of the country, provided that the
personal data relates to a Filipino citizen or a
resident of the Philippines, and/or the personal
information controller or personal information
processor has an established link to the
Philippines. Thus, as long as any of the
foregoing conditions are met, processing of
personal data, whether or not involving a cross-
border dimension, will be covered by the DPA
the IRR, and other applicable issuances by the
NPC [Divina, 2021]
10. What is the protection afforded to
journalists and their sources?
Answer: 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].
11. What are the criteria for lawful
processing of information?
Answer: At least one of the following
conditions must exist [CoO-CoIE-CoL]
1. Data subject has given Consent prior to the
collection, or as soon as practicable and
reasonable;
2. Processing involves the personal
information of a data subject who is a party
to a contractual agreement, in order to fulfill
Obligations under the contract or to take
steps at the request of the data subject prior
to entering the said agreement;
3. Processing is necessary for Compliance
with a legal obligation;
4. Processing is necessary to protect vitally
important Interests of the data subject;
UP LAW BOC PRE-WEEK
5. Processing is necessary to respond to
national Emergency or to comply with the
requirements of public order and safety, as
prescribed by law;
6. Processing is necessary for the fulfillment of
the Constitutional or statutory mandate of a
public authority; or
7. Processing is necessary to pursue the
Legitimate interests of the personal
information controller, or by a third party or
parties to whom the data is disclosed,
except where such interests are overridden
by fundamental rights and freedoms of the
data subject, which require protection under
the Philippine Constitution. [Sec. 12]
12. Is the processing of sensitive personal
information and privileged information
allowed?
Answer:
General rule: Processing of sensitive personal
information is prohibited.
Exceptions: Processing is allowed in the
following cases [CoLHN-MeC]
1. Consent is given by data subject, or by the
parties to the exchange of privileged
information, prior to the processing of the
sensitive personal information or privileged
information, which shall be undertaken
pursuant to a declared, specified, and
legitimate purpose;
2. Processing is provided for by existing Laws
and regulations:
Provided, that said laws and regulations do
not require the consent of the data subject
for the processing, and guarantee the
protection of personal data;
3. Processing is necessary to protect the life
and Health of the data subject or another
person, and the data subject is not legally or
physically able to express his or her consent
prior to the processing;
4. Processing is necessary to achieve the
lawful and Noncommercial objectives of
public organizations and their associations
provided that: [BNC]
a. Processing is confined and related to the
Bona fide members of these
organizations or their associations;
Page 52 of 138
CRIMINAL LAW
b. Sensitive personal information are Not
transferred to third parties; and
c. Consent of the data subject was
obtained prior to processing;
5. Processing is necessary for the purpose of
Medical treatment:
Provided, that it is carried out by a medical
practitioner or a medical treatment
institution, and an adequate level of
protection of personal data is ensured; or
6. Processing concerns sensitive personal
information or privileged information
necessary for the protection of lawful rights
and interests of natural or legal persons in
Court proceedings, or the establishment,
exercise, or defense of legal claims, or when
provided to government or public authority
pursuant to a constitutional or statutory
mandate. [Sec. 13]
13. Can the DOH grant the request of a
third-party organization to be given a
list of frontline workers who were
affected by COVID-19, pursuant to the
organization’s initiative to raise funds
to help the affected Filipino frontline
workers and their beneficiaries, without
the consent of the data subjects?
Answer: No. A list of names, by itself, is
considered personal information under the
DPA. However, a list of names of COVID-19
patients are considered sensitive personal
information since it pertains to the health
information of the said individuals. Hence, to be
able to process such data, there must be lawful
basis under Section 13 of the DPA.
The DOH, as the health authority of the
country, has information on COVID19 cases
and related deaths. However, the processing of
the said information is limited only for purposes
of disease surveillance and response against
the COVID-193 and is based on the
requirements of various laws, rules, and
regulation on notifiable diseases and the
pandemic response of the government.
Thus, for further processing of the said health
information which includes disclosure to third-
parties, such as the proposed disclosure by the
UP LAW BOC PRE-WEEK
DOH of the personal data of frontline workers
who passed away or were severely affected by
COVID-19 to a third-party organization, there
must be lawful basis under Section 13 which is
distinct from the original lawful basis for
processing relied upon by the DOH as a public
authority.
In this case, although the disclosure of data will
be used for a good cause and legitimate
purposes in extending assistance to frontline
workers and/or their families, the requirements
of the DPA must still be complied with. The
DOH, as the personal information controller,
must obtain the consent of the affected frontline
workers or their heirs for those who are
deceased, prior to the disclosure of their
identities. [NPC Advisory Opinion No. 2021-
042]
14. A took a photo of B, who was dining in
a restaurant, without the latter’s
consent. Subsequently, A uploaded B’s
photo online. Can such act be
considered a violation of the Act?
Answer: Yes. A person’s data privacy rights do
not cease even when one is in a public space.
The act in the given scenario may be
considered as unauthorized processing,
depending on circumstances of the case.
Note that the DPA penalizes persons who
process personal information without the
consent of the data subject, or without being
authorized under the Act or any existing law. In
cases like these, the affected data subject is
also entitled to suspend, withdraw or order the
blocking, removal or destruction of his or her
personal information upon discovery and
substantial proof that the personal information
is unlawfully obtained, used for unauthorized
purposes or are no longer necessary for the
purposes for which they were collected. [NPC
Advisory Opinion No. 2021-014]
15. What constitute punishable acts under
the law?
Answer: [PADPUCMU]
a. Unauthorized Processing of Personal
Information and Sensitive Personal
Information [Sec. 25] - persons who process
Page 53 of 138
CRIMINAL LAW
personal/sensitive information without the
consent of the data subject, or without being
authorized under this Act or any existing
law.
b. Accessing Personal Information and
Sensitive Personal Information due to
Negligence [Sec. 26] - persons who, due to
negligence, provided access to
personal/sensitive information without being
authorized under this Act or any existing
law.
c. Improper Disposal of Personal Information
and Sensitive Personal Information [Sec.
27] - persons who knowingly or negligently
dispose, discard or abandon the
personal/sensitive information of an
individual in an area accessible to the public
or has otherwise placed the personal
information of an individual in its container
for trash collection.
d. Processing of Personal Information and
Sensitive Personal Information for
Unauthorized Purposes [Sec. 28] - persons
processing personal/sensitive information
for purposes not authorized by the data
subject, or otherwise authorized under this
Act or under existing laws.
e. Unauthorized Access or Intentional Breach
[Sec. 29] - persons who knowingly and
unlawfully, or violating data confidentiality
and security data systems, breaks in any
way into any system where personal and
sensitive personal information is stored.
f. Concealment of Security Breaches
involving Sensitive Personal Information
[Sec. 30] - persons who, after having
knowledge of a security breach and of the
obligation to notify the Commission
pursuant to Section 20(f), intentionally or by
omission conceals the fact of such security
breach.
g. Malicious Disclosure [Sec. 31] - Any
personal information controller or personal
information processor or any of its officials,
employees or agents, who, with malice or in
bad faith, discloses unwarranted or false
information relative to any personal
UP LAW BOC PRE-WEEK CRIMINAL LAW

information or personal sensitive Answer: The Act applies to an act done or

information obtained by him or her
h. Unauthorized Disclosure [Sec. 32] - Any
personal/sensitive information controller or
personal information processor or any of its
officials, employees or agents, who
discloses to a third party personal
information not covered by the immediately
preceding section without the consent of the
data subject
Note: Any combination or series of acts is also
punishable under said law. [Sec. 33]
16. When is there large-scale commission
of punishable acts?
Answer: 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]
17. In what instances does this Act have
extraterritorial application?
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]

ELEMENTS AND PENALTIES TABLE

MNEMONIC ELEMENTS PENALTIES

TITLE I: Crimes Against National Security ant the Law Of The Nations
SECTION ONE - Crimes Against National Security
ART 114 – Treason (as amended by RA 10951)
Penalty
1. Offender is a
As to the (Regardless of
Filipino or Resident
Offender the Mode of
alien owing
Commission)
Mode 1: Allegiance to the
AWLAT Reclusion
Levying War Government of the
When committed perpetua to death
Philippines
by a Filipino and shall pay a
2. There is a War in
Citizen fine not to exceed
which the
₱4,000,000.

Page 54 of 138
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Philippines is
involved
3. The offender
Levies war against
the government:
a. There must be
an actual
Assembly of
men; and
b. It is for the
purpose of
executing a
Reclusion
Treasonable
temporal to death
design by force When committed
and shall pay a
1. Offender is a by a resident alien
fine not to exceed
Filipino or Resident
₱4,000,000
alien owing
Allegiance to the
Mode 2: Government of the
Adherence to Philippines
the Enemy 2. There is a War in
AWAG
and Giving which the
Aid or Philippines is
Comfort involved
3. Offender Adheres
to the enemies and
Gives them aid or
comfort
ART 115 – Conspiracy And Proposal to Commit Treason (as amended by RA 10951)
1. There is a War in
which the
Philippines is
involved
2. At least Two
persons agree to:
MODE 1:
a. Levy war
Conspiracy to Prisión mayor and a fine not exceeding
WaTLAD against the
commit ₱2,000,000
government; or
Treason
b. Adhere to the
enemies, giving
them aid or
comfort
3. They Decide to
commit it
1. There is a War in
MODE 2: which the
Prisión correccional and a fire not
Proposal to Philippines is
WOnLAP exceeding ₱1,000.000.
Commit involved
Treason 2. At least One
person decides to:

Page 55 of 138
UP LAW BOC PRE-WEEK CRIMINAL LAW

a. Levy war
against the
government; or
b. Adhere to the
enemies, giving
them aid or
comfort
3. That person
Proposes its
execution to the
other persons
ART 116 – Misprision of Treason
1. Offender is a Citizen of the Philippines
2. He has knowledge of Conspiracy to
commit treason against the
government
3. He Conceals or does not disclose and Punished as an accessory to the crime
CCC
make known the same as soon as of treason.
possible to the governor or fiscal of
the province in which he resides, or
the mayor or fiscal of the city in which
he resides
ART 117 - Espionage
1. Offender Enters a Penalty
Warship, Fort, or (Regardless
As to the Offender
Naval or Military of the Mode of
Establishment or Commission)
Reservation;
[WaFoNaMER]
If the offender is a
2. He has no public
Authority;
Mode 1: officer/employee Prision mayor
3. His Purpose is to
Entering
EAPD obtain information,
without
plans,
Authority
photographs or
other data of a
confidential nature
4. What is sought to
be obtained is
relative to the
Defense of the
Philippines.
1. That the offender If the offender is a Prision
is a Public officer; private individual correccional
2. That he has in his
Possession the
Mode 2:
articles, data or
PPD Disclosing by a
information of a
Public Officer
confidential nature
relative to the
defense of the
Philippines, by

Page 56 of 138
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reason of the
public office he
holds;
3. That he Discloses
their contents to a
representative of a
foreign nation.
SECTION TWO - Provoking War and Disloyalty in Case of War
ART 118 – Inciting to War or Giving Motives of Reprisals
1. Offender performs Unlawful or As to the
Penalty
unauthorized acts Offender
2. The acts: If the offender is a
Reclusion
a. Provoke or give occasion for a war public
temporal
UPE involving or liable to involve the officer/employee
Philippines; or If the offender is a
b. Exposure of Filipino citizens to private individual
Prision mayor
reprisals on their persons or
property
ART 119 – Violation of Neutrality
1. There is War in which the Philippines
is not involved
2. There is a Regulation issued by a
WRV Prision Correccional
competent authority to enforce
neutrality
3. Offender Violates the regulation
ART 120 – Correspondence with Hostile Country
1. There is War in which the Philippines Circumstance
is not involved Present
Penalty
2. Offender makes Correspondence with - If Correspon-
an enemy country or territory dence:
occupied by enemy troops Has been prohibited Prision
3. The correspondence is either – by the government correccional
WC-PCU
a. Prohibited by the government, or Is carried out in Prision mayor
b. Carried on in Ciphers or ciphers/conventional
conventional signs; or signs
c. Containing notice or information Was intended to aid Reclusion
which might be Useful to the the enemy temporal to
enemy death
ART 121 – Flight to Enemy’s Country
1. There is a War in which the
Philippines is involved
2. Offender owes Allegiance to the
government
WAAP Arresto mayor
3. Offender Attempts to flee or go to
enemy country.
4. Going to the enemy country is
Prohibited by competent authority
SECTION THREE - Piracy and Mutiny on the High Seas
ART 122 – Piracy in General and Mutiny on the High Seas or in Philippine Waters
1. The Vessel is on the
Mode 1:
VCASI high seas or Reclusion perpetua
Attacking or
Philippine waters

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seizing the 2. Offender may be a

vessel Complement or
passenger of the
vessel
3. The Offenders
Attacks or Seizes
the vessel
4. There is Intent to
gain
1. The Vessel is on the
high seas or
Philippine waters
2. Offenders are
Neither members of
its complement nor
passengers of the
Mode 2: vessel
VNSI Seizing the 3. Offender Seizes the
cargo whole or part of its
cargo, its equipment
or personal
belongings of its
complement or
passengers
4. There is Intent to
gain
ART 123 – Qualified Piracy
1. Whenever the
vessel is seized by
Boarding or Firing
upon the same;
2. Whenever the
pirates have
Abandoned their
Qualifying
B-FA-MHPR victims without Reclusion perpetua to death
Circumstances
means of saving
themselves; or
3. Whenever the crime
is accompanied by
Murder, Homicide,
Physical injuries or
Rape

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TITLE II: Crimes Against the Fundamental Laws of the State

CHAPTER ONE: Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition,
Interruption, and Dissolution of Peaceful Meetings and Crimes Against Religious Worship
SECTION ONE: Arbitrary Detention and Expulsion
ART 124 – Arbitrary Detention
Circumstance
Penalty
Present
Arresto mayor in
If the detention
its maximum
has not
period to prision
exceeded 3 days
1. Offender is a Public officer or correccional in its
employee minimum period
2. He Detains a person If the detention
Prision
3. Detention is Without a legal ground; has continued
correccional in its
detention is without legal ground if not more than three
medium and
made under the following but not more
PWD - [CIA] maximum periods
circumstances [CIA]: than 15 days
a. Upon the Commission of a crime; If the detention
b. Violent Insanity; or has continued
c. Any other Ailment requiring for more than
Prision mayor
compulsory confinement of the fifteen days but
patient in a hospital. not more than 6
months
If the detention
shall have Reclusion
exceeded 6 temporal
months
ART 125 – Delay of Delivery of Persons in Authority
1. Offender is a Public officer or
employee
The penalties provided in Art. 124
2. He Detains a person for some legal
(Above article) shall be imposed upon
ground (includes valid warrantless
the public officer or employee who
arrests)
PDF [12-18- shall detain any person for some legal
3. He Fails to deliver such person to the
36] ground and shall fail to deliver such
proper judicial authorities within –
person to the proper judicial
a. 12 hours for light penalties
authorities.
b. 18 hours for correctional penalties
c. 36 hours for afflictive or capital
penalties
ART 126 – Delay of Delivery of Persons in Authority
1. Offender is a Public officer or
employee The penalties provided for in Art. 124
2. Offender without good reason Delays shall be imposed upon any public
the: officer or employee who delays for the
a. Service of the notice of the judicial period of time specified therein the
P-DSPP or executive order for the release of performance of any judicial or
the prisoner or detention prisoner; executive order for the release of a
b. Performance of such judicial or prisoner or detention prisoner
executive order for the release of
the prisoner or detention prisoner;
or

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c. Proceedings upon a petition for the

release of such person
ART 127 – Expulsion
1. Offender is a Public officer or
employee
2. He either:
a. Expels any person from the
P-EC-N Prision correccional
Philippines; or
b. Compels a person to change
residence
3. Offender is Not authorized to do so by
law
SECTION TWO – Violation of Domicile
Art. 128 – Violation of Domicile
Circumstance
Penalty
Present
1. Offender is a Public officer or Prision
employee No qualifying act correccional in
2. He is Not authorized by judicial order its minimum
3. He performed the following acts: period
a. Entered the dwelling against the If offense is
will of the owner; committed in the
PN-ESR b. Searched for papers or other night-time; or
effects therein without the previous Prision
consent of such owner; or If any papers or correccional in
c. Refused to leave the premises, effects not its medium and
after having surreptitiously entered constituting maximum
such dwelling and having been evidence of a crime periods.
required to leave the same. be not returned
immediately after
the search made by
the offender
Art. 129 – Search Warrants Maliciously Obtained and Abuse in Service of those Legally
Obtained (as amended by RA 10951)
1. Offender is a Public officer
or employee
PSC Mode 1 2. He procures a Search
In addition to the liability attaching to
warrant
the offender for the commission of any
3. There is no just Cause
offense, the penalty of arresto mayor
1. Offender is a Public officer
in its maximum period to prisión
or employee
correccional in its minimum period and
2. He has already legally
a fine not exceeding ₱200,000 shall be
PSE Mode 2 procured a Search warrant;
imposed.
3. He Exceeds his authority or
uses unnecessary severity
in executing the same
Art. 130 – Searching Domicile Without Witnesses
1. Offender is a Public officer or
employee Arresto mayor in its medium and
PASO
2. He is Armed with search warrant maximum periods
legally procured

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3. He Searches the domicile, papers or

other belongings of any person
4. The Owner, or any members of his
family, or two witnesses residing in the
same locality are not present.
SECTION THREE – Prohibition, Interruption and Dissolution of Peaceful Meetings
Art. 131 – Prohibition, Disruption and Dissolution of Peaceful Meetings
1. Offender is a public officer or
employee
2. He Performs any of the following acts:
a. Prohibiting, interrupting, or
dissolving, without legal
ground, the holding of a peaceful
meeting
b. Hindering any person from:
Prision correccional in its minimum
OP – PHA § Joining any lawful association;
period
or
§ Attending any of its meetings
c. Prohibiting or hindering any person
from Addressing, either alone or
together with others, any petition to
the authorities for the
§ Correction of abuses; or
§ Redress of grievances
SECTION FOUR – Crimes Against Religious Worship
Art. 132 – Searching Domicile Without Witnesses
Circumstance
Penalty
Present
1. Offender is a Public officer or
Prision
employee
If there is no correccional in its
2. Religious ceremonies or
qualifying act minimum period
PRD manifestations of any religion are
about to take place or are going on
Prision
3. Offender prevents or disturbs the If crime is
correccional in its
same committed with
medium and
violence or
maximum periods.
threats
Art. 133 – Offending Religious Feelings
1. Acts complained of were performed
a. In a Place devoted to religious
Arresto mayor in its maximum period
worship, or
PD - NO to prision correccional in its minimum
b. During the celebration of any
period
religious ceremony
2. The acts must be Notoriously
Offensive to the feelings of the faithful

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TITLE III: Crimes Against Public Order

CHAPTER ONE: Rebellion, Sedition and Disloyalty
ART 134 – Rebellion or Insurrection, ART 134 –A – Coup d’etat &
ART 135 – Penalty for Rebellion, Insurrection or coup d’etat (as amended by RA 6968)
As to the
Penalty
Offender
Elements of Rebellion: Any person who
1. There is a Public uprising promotes,
2. There must be taking of Arms against maintains, Reclusion
or
the government Perpetua
heads rebellion or
3. Purpose of the uprising or movement insurrection
is to:
a. Remove from the allegiance to the
PA-PRD government or its laws the Any person merely
Philippine territory or any part participating or
thereof, or any body of land, naval, executing the
Reclusion
or other armed forces; or commands of
Temporal
b. Deprive the Chief Executive or others in a
Congress, wholly or partially, of rebellion or
any of their powers or insurrection
prerogatives.
Elements of Coup d’etat: Any person who
1. Offender is a person or persons leads or in any
Reclusion
belonging to the Military or police or manner directs or
Perpetua
holding any public office or commands others
employment; to undertake a
2. It is committed by means of a Swift coup d'etat
attack accompanied by violence, Any person in the
intimidation, threat, strategy or government
stealth; service who
3. The attack is directed Against the participates, or
Reclusion
duly constituted authorities of the executes
temporal in its
Republic of the Philippines, or any directions or
maximum period
MSAS military camp or installation, commands of
communication networks, public others in
utilities or other facilities needed for undertaking a coup
the exercise and continued d'etat
possession of power; Any person not in
4. The purpose of the attack is to Seize the government
or diminish state power. service who
participates, or in Prison Mayor in
any manner its maximum
supports, finances, period
abets or aids in
undertaking a coup
d'etat

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ART. 136 – Conspiracy And Proposal to Commit Coup D’etat, Rebellion or Insurrection
(as amended by RA 10951)
1. Two or more persons Act Committed Penalty
come to an agreement to
Prision mayor in
swiftly attack or to rise
its minimum
publicly and take arms Conspiracy and
TD Mode 1 period and a
against the Government proposal to commit
fine which shall
for any of the purposes of coup d’etat
not exceed
rebellion or insurrection;
P1,000, 000.
2. They Decide to commit it.
Prision
correccional in
Conspiracy and its maximum
1. A person has decided to
Proposal to commit period and a
Swiftly attack or to rise
rebellion fine which shall
publicly and take arms
not exceed P1,
against the Government
000, 000
SP Mode 2 for any of the purposes of
Prision
rebellion or insurrection;
correccional in
2. Such person Proposes its
Conspiracy and its medium
execution to some other
Proposal to commit period and a
person or persons.
insurrection fine not
exceeding
P400, 000
ART. 137 – Disloyalty Of Public Officers or Employees
1. Offender is a Public officer or
employee;
2. Offender Commits any of the following
acts:
a. Failing to resist a rebellion by all the Prision correccional in its minimum
P-CFDA means in their power; period
b. Continuing to Discharge the duties
of their offices under the control of
the rebels
c. Accepting appointment to office
under them.
ART. 138 – Inciting To Rebellion or Insurrection
1. Offender does not take Arms or is not
in open hostility against the
government;
2. He Incites others to the execution of
any of the acts of rebellion; Prision mayor in its minimum period
AIM
3. The inciting is done by Means of
speeches, proclamations, writings,
emblems, banners or other
representations tending to the same
end.
ART. 139 – Sedition & ART. 140 Penalty For Sedition (as amended by RA 10951)
1. Offenders rise Publicly and As to the
Penalty
PFP - PEIRD tumultuously; Offender/s

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2. Offenders employ Force, intimidation,

or other means outside of legal
methods; Prisión mayor in
3. Purpose is to attain any of the its minimum
following objects: Leader of sedition period and fine
a. To prevent the Promulgation or not exceeding
execution of any law or the holding ₱2,000,000.
of any popular election;
b. To prevent the national
government or any provincial or
municipal government or any public
officer from Exercising its or his
functions, or prevent the execution
of an administrative order; Prisión
c. To Inflict any act of hate or revenge correccional in
upon the person or property of any its maximum
Other persons
public officer or employee; period and a
participating therein
d. To commit, for any political or fine not
social end, any act of hate or exceeding
Revenge against private persons ₱1,000,000
or any social classes; or
4. To Despoil for any political or social
end, any person, municipality or
province, or the national government
of all its property or any part thereof.
ART. 141 – Conspiracy to Commit Sedition (as amended by RA 10951)
1. Two or more persons come to an
Prision correccional in its medium
agreement and a decision to rise
period and a fine not exceeding
TD publicly and tumultuously to attain any
P400,000.
of the objects of sedition.
2. They Decide to commit it.
ART. 142 – Inciting to Sedition (as amended by RA 10951)
1. Offender does not take
Direct part in the crime of
sedition;
2. He Incites others to the
Mode 1 accomplishment of any of
the acts which constitute Prision correccional in its maximum
sedition; period and a fine not exceeding
DIM
3. The inciting is done by P400,000.
Means of speeches,
proclamations, writings,
emblems, cartoons,
banners, or other
representations tending
towards the same end.

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1. Offender does not take

any Direct part in the
crime of sedition.
2. He Uttered words or
speeches and writing,
publishing or circulating
scurrilous libels that:
a. Tend to Disturb or
obstruct any lawful
officer in conducting
the functions of his
office;
Modes
DU - DISL b. Tend to Instigate
2&3
others to cabal and
meet together for
unlawful purposes;
c. Suggest or incite
rebellious conspiracies
or riots; or
3. Lead or tend to stir up the
people against the lawful
authorities or to disturb
the peace of the
community, the safety and
order of the government
CHAPTER TWO: Crimes Against Popular Representation
SECTION ONE: Crimes Against Legislative Bodies and Similar Bodies
ART. 143 – Acts Tending to Prevent the Meeting of the Assembly and Similar Bodies
(as amended by RA 10951)
1. There is a projected or actual Meeting
of Congress or any of its committees
or subcommittees, constitutional
committees or divisions thereof, or of
Prisión correccional or a fine ranging
any provincial board or city or
MP from ₱40,000 to ₱400,000 or both
municipal council or board;
2. Offender, who may be any person,
Prevents such meetings by:
a. Force; or
b. Fraud
ART. 144 – Disturbance Of Proceedings (as amended by RA 10951)
1. There is a meeting of Congress or any
of its committees or subcommittees,
constitutional commissions or
committees or divisions thereof, or of
any provincial board or city or
Arresto mayor or a fine from ₱40,000
municipal council or board;
CA-DB to ₱200,000
2. Offender does any of the following
Acts:
a. He Disturbs any of such meetings;
b. He Behaves while in the presence
of any such bodies in such a
manner as to interrupt its

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proceedings or to impair the

respect due it.
SECTION TWO: Violation of Parliamentary Immunity
ART. 145 – Violation Of Parliamentary Immunity
1. Offender Uses force,
intimidation, threats or
fraud;
2. The Purpose of the
offender is to prevent any
member of Congress from:
a. Attending the meetings Prision mayor
UP – AEC Mode 1
of the Congress or of
any of its committees or
constitutional
commissions;
b. Expressing his opinion;
or
c. Casting his vote.
1. Offender is a Public officer
of employee;
2. He Arrests or searches
any member of Congress;
3. Congress, at the time of
arrest or search, is in
Prision correccional
PACC Mode 2 regular or special session;
4. The member arrested or
searched has not
committed a Crime
punishable under the
Code by a penalty higher
than prision mayor
CHAPTER THREE: Illegal Assemblies and Associations
ART. 146 – Illegal Assemblies
Penalty
As to the
(Regardless of
Nature of the
Mode of
1. There is a Meeting, a Offense
Commission)
gathering or group of Persons merely
persons, whether in a fixed present at such
place or moving; Arresto mayor
meeting
MAP Mode 1 2. Meeting is attended by
Armed persons
3. Purpose of the meeting is to Persons merely
commit any of the crimes present at the Prision
punishable under the Code. meeting but are Correccional
armed

1. There is a Meeting, a
gathering or group of Organizers or
MAI Mode 2 persons, whether in a fixed leaders
place or moving; Prision
correccional in its

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2. Meeting is attended by Any maximum period to

persons, whether armed or prision mayor in its
not; medium period
3. Audience is Incited to the
commission of the crime of
treason, rebellion or
insurrection, sedition or
direct assault.
CHAPTER FOUR: Assault upon & Resistance and Disobediance to Persons in Authority
and their Agents
ART. 147 – Illegal Associations (as amended by RA 10951)
Prisión correccional in its minimum
1. The purpose of committing any of the
and medium periods and a fine not
Crimes punishable under the Code
CM exceeding ₱200,000 shall be imposed
2. Some purpose contrary to public
upon the founders, directors and
Morals.
presidents of such associations.
ART. 148 – Direct Assaults (as amended by RA 10951)
Penalty
1. Offender Employs force or Circumstance (Regardless of
intimidation Present the Mode of
2. The Aim of the offender is Commission)
to attain any of the When the assault
purposes of the crime of is committed:
rebellion or any of the 1. With a
Prision
objects of the crime of weapon; or
EAN Mode 1 correctional in its
sedition 2. When offender
medium and
3. There is No public uprising is a public
maximum periods
officer or
and a fine not
employee; or
exceeding
3. When offender
₱200,000
lays hands
upon a person
in authority
1. Offender makes an Attack,
employs force, makes a
serious intimidation, or
makes a serious resistance
2. The person assaulted is a
person in Authority or his
Prisión
agent;
If none of above- correccional in its
3. At the time of the assault,
mentioned minimum period
the person in authority or
AAPKN Mode 2 circumstances be and a fine not
his agent is engaged in the
present exceeding
actual Performance of
₱100,000
official duties, or that he is
assaulted by reason of the
past performance of official
duties
4. Offender Knows that the
one he is assaulting is a
person in authority or his

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agent in the exercise of his

duties.
5. There is No public uprising
ART. 149 – Indirect Assault (as amended by RA 10951)
1. A person in authority or his agent is the
victim of any of the Forms of direct
assault defined in Article 148;
Prisión correccional in its minimum
2. A person comes to the Aid of such
FAU and medium periods and a fine not
authority or his agent;
exceeding ₱100,000.
3. Offender makes Use of force or
intimidation upon such person coming
to the aid of the authority or his agent.
ART. 150 – Disobedience to Summons Issued by the National Assembly, Its Committees Or
Subcommittees, or Divisions (as amended by RA 10951)
Mode 1: By refusing, without legal
excuse, to Obey summons of Congress,
its special or standing committees and
subcommittees, the Constitutional
Commissions and its committees,
subcommittees or divisions, or by any
commission or committee chairman or
member authorized to summon
witnesses;

Mode 2: By refusing to be Sworn or

placed under affirmation while being
before such legislative or constitutional
Arresto mayor or a fine ranging from
body or official;
OSARI ₱40,000 to ₱200,000, or both such
fine and imprisonment
Mode 3: By refusing 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;

Mode 4: By Restraining another from

attending as a witness in such legislative
or constitutional body;

Mode 5: By Inducing disobedience to a

summons or refusal to be sworn by any
such body or official.
ART. 151 – Resistance and Disobedience To A Person In Authority Or The Agents of Such
Person (as amended by RA 10951)
1. A person in authority or his
agent is engaged in the
Performance of official duty
Arresto mayor and a fine not
PRI Mode 1 or gives a lawful order to
exceeding ₱100,000.
the offender
2. Offender Resists or
seriously disobeys such

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person in authority or his

agent
3. The act of the offender is
not Included in the
provision of Articles 148,
149 and 150.
1. An Agent of a person in
authority is engaged in the
performance of official duty
or gives a lawful order to
Arresto menor or a fine ranging from
ADS Mode 2 the offender
₱2,000 to ₱20,000.
2. Disobeys such agent of a
person in authority
3. Such disobedience is not of
a Serious nature.
ART. 152 – Persons in Authority and Agents of Persons in Authority [SEE Art. 152]
CHAPTER FIVE: Public Disorders
ART. 153 – Tumults and other Disturbances of Public Order (as amended by RA 10951)
Mode 1: Causing any Serious
disturbance in a public place, office or Arresto mayor in its medium period to
establishment. prisión correccional in its minimum
Mode 2: Interrupting or disturbing period and a fine not exceeding
performances, functions or gatherings, or ₱200,000
peaceful meetings, if the act is not
included in Arts. 131 (prohibition, NOTE: Penalty next higher in degree
interruption and dissolution of peaceful shall be imposed if the disturbance or
meetings) and 132 (interruption of interruption is of tumutltuous character
SIODB
religious worship).
Mode 3: Making any Outcry tending to
incite rebellion or sedition in any meeting,
association or public place.
Arresto mayor
Mode 4: Displaying placards or emblems
which provoke a disturbance of public
order in such place;
Mode 5: Burying with pomp the body of a Arresto mayor and a fine not to exceed
person who has been legally executed. ₱40,000
ART. 154 – Unlawful Use of Means of Publication and Unlawful Utterances (as amended by
RA 10951)
Mode 1: Publishing or causing to be
published, by means of printing,
lithography or any other means of
publication, as news any False news
which may endanger the public order, or
cause damage to the interest or credit of
Arresto mayor and a fine ranging from
the State.
FDMP ₱40,000 to ₱200,000.
Mode 2: Encouraging Disobedience to
the law or to the constituted authorities or
praising, justifying or extolling any act
punished by law, by the same means or
by words, utterances or speeches.

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Mode 3: Maliciously publishing or

causing to be published any official
document or resolution without proper
authority, or before they have been
published officially.

Mode 4: Printing, publishing or

distributing (or causing the same) books,
pamphlets, periodicals, or leaflets which
do not bear the real printer’s name, or
which are classified as anonymous.
ART. 155 – Alarms and Scandals (as amended by RA 10951)
Mode 1: Discharging any firearm, rocket,
firecracker, or other explosive within any
town or public place, calculated to cause
(which produces) alarm or danger;

Mode 2: Instigating or taking an active

part in any charivari or other disorderly
meeting offensive to another or
prejudicial to public tranquility.
Arresto menor or a fine not exceeding
DIDC ₱40,000
Mode 3: Disturbing the public peace
while wandering about at night or while
engaged in any other nocturnal
amusements.

Mode 4: Causing any disturbances or

scandal in public places while intoxicated
or otherwise, provided Art. 153 (tumults
and other disturbances of public order) is
not applicable.
ART. 156 – Delivering Prisoners from Jail
Means Used to
Penalty
Escape
Arresto mayor in
By means of
its maximum
violence,
period to prision
intimidation or
correccional in its
1. There is a person Confined in a jail or bribery
minimum period
penal establishment; and
Other means Arresto mayor
CR 2. Offender Removes therefrom such
person or helps the escape of such Escape of the
person. prisoner shall
take place Same penalties
outside of said shall be imposed in
establishments their minimum
by taking the period.
guards by
surprise

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CHAPTER SIX: Evasion of Sentence

ART. 157 – Evasion of Service of Sentence
Manner of Escape Penalty
Escaped during the Prision
term of his correccional in
imprisonment by its medium and
reason of final maximum
judgment periods
If evasion or escape
1. Offender is a Convict by final has taken place by
judgment; means of: unlawful
2. He is Serving sentence which consists entry, by breaking
CSE in the deprivation of liberty; doors, windows,
3. He Evades service of his sentence by gates, walls, roofs,
Prision
escaping during the term of his or floors, or by
correccional in
imprisonment. using picklocks,
its maximum
false keys, deceit,
period.
violence or
intimidation, or
through connivance
with other convicts
or employees of the
penal institution
ART. 158 – Evasion of Service of Sentence on the Occasion of Disorders, Conflagrations,
Earthquakes, or Other Calamities
1. Offender is a Convict by final
Increase of one-fifth of the time still
judgment, who is confined in a penal
remaining to be served under the
institution;
original sentence, which in no case
2. There is Disorder, resulting from –
shall exceed 6 months, if he shall fail
a. Conflagration;
to give himself up to the authorities
b. Earthquake;
within 48 hours following the issuance
c. Explosion;
of a proclamation by the Chief
d. Similar catastrophe; or
Executive announcing the passing
e. Mutiny in which he has not
CC-DEESM- away of such calamity.
participated;
EF
3. He Evades the service of his sentence
Note: Convicts who, under the
by leaving the penal institution where
circumstances mentioned in the
he is confined, on the occasion of such
preceding paragraph, shall give
disorder or during the mutiny;
themselves up to the authorities within
4. He Fails to give himself up to the
the above mentioned period of 48
authorities within 48 hours following
hours, shall be entitled to the
the issuance of a proclamation by the
deduction provided in Article 98 of the
Chief Executive announcing the
RPC.
passing away of such calamity.
ART. 159 – Other Cases of Evasion of Service of Sentence
Nature of Pardon Penalty
1. Offender was a Convict; Granted conditional
2. He was Granted a conditional pardon pardon by the Chief Prision
CGV by the Chief Executive; and Executive, but correccional in
3. He Violated any of the conditions of violated any of the its minimum
such pardon. conditions of such period.
pardon

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Convict shall
If the penalty
suffer the
remitted by the
unexpired
granting of such
portion of his
pardon is higher
original
than 6 years
sentence.
CHAPTER SEVEN: Commission of Another Crime During Service of Penalty Imposed for
Another Previous Offense
ART. 160 – Commission of Another Crime During Service of Penalty Imposed For Another
Previous Offense
Nature of
Penalty
Conviction
Commits a felony
after having been Maximum
convicted by final period of
judgment, before penalty
beginning to serve prescribed by
such sentence, or law for the new
1. Offender was already Convicted by
while serving the felony
final judgment of one offense;
same
CN 2. He committed a New felony before
Shall be
beginning to serve such sentence or
Not a habitual pardoned
while serving the same.
criminal, reached
seventy years and Exception: If
served out original by reason of his
sentence, or shall conduct or other
complete the circumstances,
sentence after he shall not be
reaching seventy. worthy of such
clemency.
TITLE IV: Crimes Against Public Interest
CHAPTER ONE: Forgeries
SECTION ONE: Forging the Seal of the Government of the Philippine Islands, the Signature
or the Stamp of the Chief Executive
ART. 161 – Counterfeiting the Great Seal of the Government of The Philippine Islands,
Forging the Signature or Stamp of the Chief Executive
Forging the:
1. Great Seal of the Government of the
SSS Philippines; Reclusion temporal
2. Signature of the President; or
3. Stamp of the President.
ART. 162 – Using Forged Signature or Counterfeit Seal or Stamp
1. The Great Seal of the Republic was
counterfeited or the signature or
stamp of the Chief Executive was
forged by another person; Prision mayor
SKU
2. Offender Knew of the counterfeiting
or forgery; and
3. He Used the counterfeit seal or
forged signature or stamp.

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SECTION TWO: Counterfeiting Coins

ART. 163 – Making and Importing And Uttering False Coins (as amended by RA 10951)
As to the
currency Penalty
counterfeited
Prision
correccional in
1. There be False or counterfeited If the counterfeited its minimum
coins; coins be any of the and medium
2. Offender either Made, imported or coinage of the periods and a
uttered such coins; Philippines. fine not to
FMC
3. In case of uttering such false or exceed
counterfeited coins, he Connived with P400,000
the counterfeiters or importers. Prision
correccional in
If the counterfeited its minimum
coin be currency of period and a
a foreign country. fine not to
exceed
P200,000
ART. 164 – Mutilation of Coins (as amended by RA 10951)
1. Coin mutilated is of Legal tender; and
LG 2. Offender Gains from the precious
metal dust abstracted from the coin Prision correccional in its minimum
1. Offender Imported or uttered mutilated period and a fine not to exceed
coins; and P400,000
IC 2. In case of uttering, the offender must
have Connived with the mutilator or
importer
ART. 165 – Selling of False or Mutilated Coin, without Connivance

1. Possession of
counterfeited or mutilated
PIK Mode 1 coin;
Penalty lower by one degree than
2. With Intent to utter; and
mentioned in the preceding articles
3. With Knowledge of such
(Arts. 163-164).
defect/s.
1. Actually Uttering such
false or mutilated coin; and
UK Mode 2
2. With Knowledge of such
defect/s.
SECTION THREE: Forging Treasury or Bank Notes, Obligations and Securities; Importing,
and Uttering Such false or forged Notes and Documents
ART. 166 – Forging Treasury or Bank Notes or Other Documents Payable to Bearer;
Importing And Uttering Such False or Forged Notes and Documents (as amended by RA
10951)
As to the
Penalty
1. There is an instrument payable to Document
Bearer; and If the document Reclusion
B-FImU
2. The offender commits any of the falsified, temporal in its
following acts: counterfeited, or minimum period
altered is an and a fine not to

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a. Forged or falsified a treasury or obligation or exceed

bank note or a document payable security of the P2,000,000
to bearer; Philippines
b. Imported such false or forged If the falsified or
Prision mayor in
obligations or notes; or altered document is
its maximum
c. Uttered such false or forged a circulating note
period and a
obligations or notes in connivance issued by any
fine not to
with the forgers or importers. banking association
exceed
duly authorized by
P1,000,000
law to issue the
same.
Prision mayor in
If the falsified or its medium
counterfeited period and a
document was fine not to
issued by a foreign exceed
government. P1,000,000

Prision mayor in
When the forged or
its minimum
altered document is
period and a
a circulating note or
fine not to
bill issued by a
exceed
foreign bank duly
P400,000
authorized therefor.
ART. 167 – Counterfeiting, Importing And Uttering Instruments Not Payable to Bearer (as
amended by RA 10951)
1. There is an Instrument payable to
Order or other document of credit not
Prision correccional in its medium and
payable to bearer;
maximum periods and a fine not
DIM 2. Offender either Forged, imported or
exceeding P1,200,000
uttered such instrument; and
3. In case of uttering, he Connived with
the forger or importer.
ART. 168 – Illegal Possession and Use of False Treasury or Bank Notesa and other
Instruments of Credit
1. Any treasury or bank Note or
certificate or other obligation and
security:
a. There is an instrument payable to
bearer, to order or other document
of credit not payable to bearer
Penalty next lower in degree than that
b. Said instrument is forged or
prescribed in the previous articles
N-KUPo falsified by another person;
(Arts. 166-167).
2. Offender Knows that any of those
instruments is forged or falsified; and
3. He either –
a. Uses any of such forged or
falsified instruments; or
b. Possesses the same, with intent
to use

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ART. 169 – How Forgery is Committed

1. 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
GE document; or N/A
2. By Erasing, substituting,
counterfeiting, or altering by any
means the figures, letters, words, or
sign contained therein.
SECTION FOUR: Falsificiation of Legislative, Public, Commercial, and Private Documents,
and Wireless, Telegraph, and Telephone Message
ART. 170 – Falsification of Legislative Documents (as amended by RA 10951)
1. There is a Bill, resolution or ordinance
enacted or approved or pending
approval by either House of the
Legislature or any provincial board or Prision correccional in its maximum
municipal council; period and a fine not exceeding
BAACh
2. Offender Alters the same; P1,200,000
3. He has no proper Authority therefor;
and
4. Alteration has Changed the meaning
of the documents.
ART. 171 – Falsification By Public Officer, Employee or Notary or Ecclesiastical Minister
(as amended by RA 10951)
1. Offender is a Public officer,
employee, or notary public;
2. He takes Advantage of his official
position; and
3. He Falsifies a document by
committing any of the following acts:
a. Counterfeiting or imitating any
handwriting, signature or rubric;
b. Causing it to Appear that persons
have participated in any act or
proceeding when they did not in
fact so participate;
Prision mayor and a fine not to exceed
PAF – c. Attributing to persons who have
P1,000,000
CApAUDMAI participated in an act or
proceeding statements other than
those in fact made by them;
d. Making Untruthful statements in a
narration of facts;
e. Altering true Dates;
f. Making any alteration or
intercalation in a genuine
document which changes its
Meaning;
g. Issuing in an Authenticated form:
• A document purporting to be
a copy of an original

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document when no such

original exists, or
• Including in such a copy a
statement contrary to, or
different from, that of the
genuine original; and
h. Intercalating any instrument or
note relative to the issuance
thereof in a protocol, registry, or
official book.
ART. 172 – Falsification by Private Individual And Use Of Falsified Documents (as amended
by RA 10951)
1. Offender is a Private
individual or Public officer
or employee who did Not
take advantage of his
official position;
2. He committed any act of
NoFaDo Mode 1
Falsification (Art. 171);
3. The falsification was
committed in a public,
official, or commercial
Document or letter of
exchange.
1. Offender committed any of
the acts of Falsification
except Article 171(7), that
is:
a. Issuing in an
authenticated form a
Prision correccional in its medium and
document purporting to
maximum periods and a fine of not
be a copy of an original
more than P1,000.000.
document when no
such original exists, or
Mode 2 b. Including in such a
F-eII-PD
copy a statement
contrary to, or different
from, that of the
genuine original;
2. Falsification was committed
in any Private document;
3. Falsification causes
Damage to a third party or
at least the falsification was
committed with intent to
cause such damage.
1. Offender Knew that the
document was falsified by
KFI Mode 3 another person;
2. The False document is in
Articles 171 or 172 (1 or 2);

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3. He Introduced said
document in evidence in
any judicial proceeding.
1. Offender Knew that a
document was falsified by
another person;
2. False document is
Embraced in Articles 171 or
KEUD 172 (1 or 2);
3. He Used such document;
4. The use caused Damage to
another or at least used
with intent to cause
damage.
ART. 173 – Falsification of Wireless, Cable, Telegraph And Telephone Messages, and use
of Said Falsified Messages
1. Offender is an Officer or
employee of the
government or an officer or
employee of a private
corporation, engaged in the
UO Mode 1 service of sending or
receiving wireless, cable or
telephone message; and
2. He Utters fictitious wireless,
cable, telegraph or
telephone message.
1. Offender is an officer or
employee of the Prision correccional in its medium and
government or an officer or maximum periods
employee of a private
corporation, engaged in the Exception: Any person who shall use
SF Mode 2 Service of sending or such falsified dispatch to the prejudice
receiving wireless, cable or of a third party or with the intent of
telephone message; and cause such prejudice, shall suffer the
2. He Falsifies wireless, penalty next lower in degree.
cable, telegraph or
telephone message.
1. Offender is an officer or
employee of the
government or an officer or
employee of a private
corporation, engaged in the
KUR Mode 3 Service of sending or
receiving wireless, cable or
telephone message; and
2. He Falsifies wireless,
cable, telegraph or
telephone message.

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SECTION FIVE: Falsification of Medical Certificates, Certificates of Merit or Services and

the like
ART. 174 – False Medical Certificates, False Certificates of Merits of Service, Etc. (as
amended by RA 10951)
1. Physician or surgeon - issues a false
Arresto mayor in its maximum period
certificate in connection with the
to prision correccional in its minimum
practice of his profession (it must refer
period and a fine not to exceed
to the illness or injury of a person);
P200,000
2. Public Officer - issues a false
Ph-PO-Pr
certificate of merit of service, good
Exception: Arresto mayor shall be
conduct or similar circumstances; or
imposed upon any private person who
3. Private person - falsifies a certificate
shall falsify a certificate.
falling within the classes mentioned in
the two preceding subdivisions.
ART. 175 - Using False Certificates
1. False certificate was Issued by the
following:
a. Physician or surgeon issues a false
Medical certificate, in connection
with the practice of his profession;
b. Public officer issues a false
certificate of Merit of service, good
IKU Arresto menor
conduct or similar circumstances;
c. Private Person falsifies a certificate
falling within the 2 preceding
subdivisions.
2. Offender Knows that the certificate
was false;
He Uses the same
SECTION SIX: Manufacturing and Possession of Instruments or Implements Intended for
the Commission of Falsifaction
ART. 176 – Manufacturing And Possession of Instruments Or Implements For Falsification
(as amended by RA 10951)
As to the Act Penalty

1. Making or Introducing into the Prision

Philippines any stamps, dies, marks, correccional in its
or other instruments or implements for medium and
counterfeiting or falsification; or Act 1 maximum periods
MII 2. Possession with Intent to use the and a fine not to
instruments or implements for exceed
counterfeiting or falsification made in P1,000,000.
or introduced into the Philippines by
another person. Penalty next
lower in degree
Act 2
than that provided
above.

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CHAPTER TWO: Falsities

SECTION ONE: Usurpation of Authority, Rank, Title and Improper Use of Names, Uniforms
and Insignia
ART. 177 – Usurpation of Authority or Official Functions
1. Offender Knowingly and
falsely represents himself;
2. As an Officer, agent or
representative of any
KO Mode 1
department or agency of
the Philippine government
or of any foreign
government.
1. Offender Performs any act; Prision correccional in its minimum
2. Act pertains to any person and medium periods.
in Authority or public officer
of the Philippine
government or any foreign
PAP-WiL Mode 2 government, or any agency
thereof;
3. Under Pretense of official
position;
4. Without being Lawfully
entitled to do so.
ART. 178 – Using Fictitious and Concealing True Name (as amended by RA 10951)
1. Offender uses a Name
other than his real name;
2. He uses the fictitious name
Publicly;
Arresto mayor and a fine not to exceed
NaP-CED Mode 1 3. Purpose of use is to:
P100,000.
a. Conceal a crime;
b. Evade the execution of
a judgment; or
c. Cause Damage
1. Offender Conceals his true
name and other personal
Arresto menor or a fine not to exceed
CoP Mode 2 circumstances;
P40,000.
2. Purpose is only to conceal
his identity.
ART. 179 – Illegal Use of Uniforms and Insignia
1. Offender makes Use of insignia,
uniforms or dress;
2. The insignia, uniforms or dress
pertains to an Office Not held by such Arresto mayor
Us-ON-I
person or a class of persons of which
he is not a member;
3. Said insignia, uniform or dress is
used publicly and Improperly.
SECTION TWO: False Testimony
ART. 180 – False Testimony Against A Defendant (as amended by RA 10951)
1. There is a criminal Proceeding; As to the effect
P-TKA 2. Offender Testifies falsely under oath on the Penalty
against the defendant therein; Defendant

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3. Offender Knows that it is false. If defendant in

4. Defendant against whom the false said case have Reclusion
testimony is given is either Acquitted been sentenced temporal
or convicted in a final judgment. to death
If defendant have
been sentenced
to reclusion temp Prision mayor
oralor reclusion
perpetua:
Prision
If defendant have correccional and
been sentenced a fine not to
to any other exceed
afflictive penalty P200,000.

If defendant have
Arresto mayor
been sentenced
and fine not to
to a correctional
exceed
penalty or a fine
P200,000.
or shall have
been acquitted.
ART. 181 – False Testimony Favorable to the Defendant (as amended by RA 10951)
Arresto mayor in
its maximum
If prosecution is period to prision
for a felony correccional in its
1. A person Gives false testimony; punishable by an minimum period
GFC 2. In Favor of the defendant; afflictive penalty and a fine not to
3. In a Criminal case. exceed P200,000

In any other case Arresto mayor

ART. 182 – False Testimony in Civil Cases (as amended by RA 10951)

As to the
Penalty
amount
Prision
1. False testimony is given in a Civil If the amount in
correccional in its
case; controversy shall
minimum period a
2. Testimony Relates to the issues exceed
fine not to exceed
presented in said case; P1,000.000
P1,200.000
FaC-RK-KMI 3. Offender Knows that testimony is
Arresto mayor in
false; If the amount in
its maximum
4. Testimony is Malicious; and controversy shall
period to prision
5. It was given with an Intent to affect the not exceed said
correccional in its
issues in said case. amount or cannot
minimum period
be estimated.
and a fine not to
exceed P200,000
ART. 183 – False Testimony in Other Cases and Perjury in Solemn Affirmation
1. Offender Makes a statement under Arresto mayor in its maximum period
MaBe-WiRe oath or executes an affidavit upon a to prision correccional in its minimum
material matter; period

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2. Statement or affidavit is made Before

a competent officer, authorized to Note: Any person who, in case of a
receive and administer oaths; solemn affirmation made in lieu of an
3. Offender makes a Willful and oath, shall commit any of the
deliberate assertion of a falsehood in falsehoods mentioned in this and the
the statement or affidavit; three preceding articles of this section
4. The sworn statement or affidavit (Arts. 180-182), shall suffer the
containing the falsity is Required by respective penalties provided therein.
law; made for a legal purpose.
ART. 184 – Offering False Testimony in Evidence
1. Offender Offers in evidence a false
witness or testimony; The offender shall be punished as
2. He Knows that the witness or the guilty of false testimony and shall
OK-Ma
testimony was false; suffer the respective penalties
3. The offer was Made in any judicial or provided under this Section.
official proceeding.
CHAPTER THREE: Frauds
ART. 185 – Machinations in Public Auctions
1. There is a Public auction
2. Offender Solicits any gift or
a promise from any of the
bidders
3. Such gift or promise is the
PSCI Mode 1 Consideration for his
refraining from taking part
in that public auction
4. Offender has the Intent to Prision correccional in its minimum
cause the reduction of the period and a fine ranging from 10 to 50
price of the thing auctioned. per centum of the value of the thing
1. There is a Public auction auctioned.
2. Offender Attempts to cause
the bidders to stay away
from that public auction
3. It is done by Threats, gifts,
PATI Mode 2
promises or any other
artifice
4. Offender has the Intent to
cause the reduction of the
price of the thing auctioned.
ART. 186 – Monopolies and Combinations in Restraint of Trade
1. Entering into any contract
or agreement; or taking
part in any conspiracy or
Prision correccional in its minimum
combination in the form of
period or a fine ranging from 200 to
ER Mode 1 a trust or otherwise; and
6,000 pesos, or both
2. In Restraint of trade or
commerce or to prevent by
artificial means free
competition in the market

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1. Monopolizing any
merchandise or object of
trade or commerce; or
2. Combining with any other
person or persons to
monopolize said
MoCo Mode 2 merchandise or object in
order to alter the prices
thereof by spreading false
rumors or making use of
any other artifice to
restrain free competition in
the market
1. Persons Liable:
a. Manufacturer,
b. Producer,
c. Processor, or
d. Importer of any
merchandise or object
of commerce
2. Crime Committed by:
a. Combining,
b. Conspiring, or
c. Agreeing with any
person
LCP Mode 3
3. Purpose:
a. To make transactions
prejudicial to lawful
commerce;
b. To increase the market
price of any
merchandise or object
of commerce
manufactured,
produced, processed,
assembled or imported
into the Philippines
ART. 187 – Importation and Disposition of Falsely Marked Articles or Merchandise Made of
Gold, Silver, or other Precious Metals or their Alloys (as amended by RA 10951)
1. Offender Imports, sells or disposes of
any of those articles or merchandise
(i.e. gold, silver, other precious metals
or their alloys)
2. The stamps, brands, or marks of those Prision correccional or a fine ranging
Im-FaK articles of merchandise Fail to indicate from P40,000 to P200.000, or both
the actual fineness or quality of said
metals or alloys
3. Offender Knows of such failure to
indicate the actual fineness or quality
of the metals or alloys
Art. 188 (Subsisting and Altering Trademark, Trade-names, or Service Marks) & Art. 189
(Unfair Competition, Fraudulent Registration of Trademark or Service Mark, Fraudulent

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Designation of Origin, and False Description) [Superseded by RA 8293 (Intellectual

Property Code)]

TITLE V: Crimes Relative to Opium and Other Prohibited Drugs (Arts. 190-194) [SEE
Comprehensive Dangerous Drugs Act of 2002 (RA 9165, as amended by RA 10640)]

TITLE VI: Crimes Against Public Morals

Chapter One: Gambling and Betting (SEE PD 1602 [Anti-Gambling Law] as amended by RA
9287)
ART. 195 – What Acts are Punishable in Gambling [SEE Art. PD 1602 as amended by RA
9287]
Art. 196 – Importation, Sale and Possession of Lottery Tickets and Advertisements
Arresto mayor in its
Acts Punished:
maximum period to
1. Importing into the Philippines from
prision correccional in
any foreign place or port any lottery
its minimum period or a
ticket or advertisement; Act 1
fine ranging from 200 to
2. Possessing, knowingly and with
IPSS 2,000 pesos, or both, in
intent to use, lottery tickets or
the discretion of the
advertisements;
court
3. Selling or distributing the same in
Arresto menor or a fine
connivance with the importer; and
not exceeding 200
4. Selling or distributing the same Acts 2-4
pesos, or both, in the
without connivance with the importer
discretion of the court
Art. 197 – Betting in Sports Contests (Repealed by PD 483) [SEE Art. 197]
Art. 198 – Illegal Betting on Horse Races (Repealed by Act 309, as amended by RA 983)
[SEE Art. 198]
Art 199 – Illegal Cockfighting (as amended by PD 449) [SEE Art. 199]

CHAPTER TWO: Offenses Against Decency and Good Customs

Art. 200 – Grave Scandal
1. Offender Performs an Act/s;
2. Such act/s are highly Scandalous as
offending against decency or good
customs;
PSNP 3. The highly scandalous conduct is Not
Arresto mayor and public censure
expressly falling within any other Art.
of the RPC; and
4. The act/s complained of be
committed in a Public place or within
the Public knowledge or view
Art. 201 – Immoral Doctrines, Obscene Publications and Exhibitions and Indecent Shows
(as amended by PD 96, 969 and RA 10951)
Persons Liable:
1. Those who shall Publicly expound or
proclaim doctrines openly contrary to
public morals;
PA- Prisión mayor or a fine ranging from
2. Authors of obscene literature,
ExGSRDC-S ₱20,000 to ₱200,000, or both.
published with their knowledge in any
form; the editors publishing such
literature; and the owners/operators
of the establishment selling the same;

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3. Those who, in theaters, fairs,

cinematographs or any other place,
Exhibit, indecent or immoral plays,
scenes, acts or shows, whether live
or in film, which are prescribed by
virtue hereof, and shall include those
which:
a. Glorify criminals or condone
crimes;
b. Serve no other purpose but to
satisfy the market for violence,
lust or pornography;
c. Offend any race or Religion;
d. Tend to abet traffic in and use of
prohibited Drugs; and
e. Contrary to law, public order,
morals, and good customs,
established policies, lawful
orders, decrees and edicts
4. Those who shall Sell, give away or
exhibit films, prints, engravings,
sculpture or literature which are
offensive to morals.
Art. 202 – Vagrants and Prostitutes (as amended by RA 10158) [SEE Mendicancy Law (PD
1563)]
A woman is a prostitute when: Arresto menor or a fine not exceeding
1. She Habitually indulges in ₱20,000.
a. Sexual intercourse, or
b. Lascivious conduct Note: In case of recidivism, by arresto
HM
2. For Money or profit. mayor in its medium period to prisión
correccional in its minimum period or a
fine ranging from ₱20,000 to
₱200,000, or both

TITLE VII: Crimes Committed by Public Officers

CHAPTER ONE: Preliminary Provisions
ART 203 – Who Are Public Officers
A public officer is one who:
1. Takes part in the Performance of public functions
in the government;
2. Performs in said government or in any of its
branches public duties as an Employee, Agent or
P-SEA-
Subordinate official, of any rank or class; and N/A
LEA
3. His authority to take part in the performance of
public functions or to perform public duties must be
a. By direct provision of the Law;
b. By popular Election; or
c. By Appointment by competent authority

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CHAPTER TWO - Malfeasance and Misfeasance in Office

SECTION 1. Dereliction of Duty
ART 204 – Knowingly Rendering Unjust Judgement
1. Offender is a Judge
2. He renders a judgment in a case Submitted to him
Prision mayor and perpetual
JSUK for decision
absolute disqualification
3. Judgment is Unjust
4. Judge Knows that his judgment is unjust
ART 205 – Judgement Rendered Through Negligence
1. Offender is a Judge
2. He renders a judgment in a case Submitted to him
for decision Arresto mayor and temporary
JSMN
3. Judgment is Manifestly unjust special disqualification
4. It is due to his inexcusable Negligence or
ignorance
ART 206 – Unjust Interlocutory Order
1. Offender is a Judge; and If the judge acted knowingly:
2. He performs any of the following acts: arresto mayor (minimum) and
a. Knowingly rendering an unjust interlocutory suspension
order or decree; or
J-KuMi b. Rendering a Manifestly unjust interlocutory Note: If inexcusable negligence
order or decree through inexcusable is present OR ignorance and
negligence or ignorance. the interlocutory order or
decree be manifestly unjust, the
penalty shall be suspension
ART 207 – Malicious Delay in the Administration Of Justice
1. Offender is a Judge;
2. There is a Proceeding in his court;
JP-DeM 3. He Delays in the administration of justice; and Prision correccional (minimum)
4. The delay is Malicious, that is, with deliberate
intent to inflict damage on either party in the case.
ART 208 – Prosecution of Offenses; Negligence and Tolerance
1. Offender is a public officer or officer of
the law who has a duty to cause the
Prosecution of, or to prosecute,
offenses;
PNM Mode 1 2. Dereliction duty: knowing the
commission of the crime, he does Not
cause the prosecution of the criminal
3. Malice and deliberate intent to favor the
violator of the law Prision correccional (minimum)
1. Offender is a public officer or officer of and suspension
the law who has a duty to cause the
Prosecution of, or to prosecute,
offenses;
PTM Mode 2 2. Dereliction of duty: knowing that a crime
is about to be committed, he Tolerates
its commission
3. Malice and deliberate intent to favor the
violator of the law

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ART 209 – Betrayal of Trust by an Attorney or a Solicitor – Revelation of Secrets (as

amended by RA 10951)
In addition to the proper
administrative action, the
penalty of prisión correccional
in its minimum period, or a fine
Punishable Acts:
ranging from ₱40,000 to
1. Causing Damage to his client, either—
₱200,000, or both
a. By any malicious breach of professional duty;
b. By inexcusable negligence or ignorance.
Note: The same penalty shall
2. Revealing any of the secrets of his client learned
be imposed upon an attorney-
by him in his professional capacity;
at-law or any person duly
DRO 3. Undertaking the defense of the Opposing party in
authorized to represent and/or
the same case, without the consent of his first
assist a party to a case who,
client,
having undertaken the defense
a. After having undertaken the defense of said
of a client or having received
first client, or
confidential information from
b. After having received confidential information
said client in a case, shall
from said client.
undertake the defense of the
opposing party in the same
case, without the consent of his
first client
SECTION TWO - Bribery
ART 210 – Direct Bribery
1. Offender is a Public officer under Article
203 Prision mayor medium to
2. Accepts an offer or a promise or maximum and a fine not less
receives a gift or present by himself or than 3x the value of the gift as
through another well as special temporary
PACD Mode 1 3. In consideration of which, he agrees to disqualification in addition to
perform an act constituting a Crime the penalty corresponding to
4. The act which offender agrees to the crime agreed upon if the
perform or which he executes be same shall have been
connected with the performance of his committed.
official Duties
1. Offender is a Public officer under Article
203
2. Accepts a Gift or present by himself or
through another
Prision correccional medium
3. In consideration of which, he agrees to
and a fine not less than 2x the
execute an act which does not
PAUD Mode 2 value of the gift as well as
constitute a crime, but the act must be
special temporary
Unjust
disqualification.
4. The act which offender agrees to
perform or which he executes be
connected with the performance of his
official Duties
1. Offender is a Public officer under Article Prision correccional maximum
203 to prision mayor minimum and
PARD Mode 3 2. Accepts an offer or a promise or a fine not less than 3x the value
receives a gift or present by himself or of the gift as well as special
through another temporary disqualification.

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3. In consideration of which, he agrees to

Refrain from doing something which it is
his official duty to do
4. The act which offender agrees to
perform or which he executes be
connected with the performance of his
official Duties
ART 211 – Indirect Bribery
1. Offender is a Public officer; Prision correctional in its
PuGO 2. He accepts Gifts; and medium and maximum periods,
3. Gifts are offered to him by reason of his Office. suspension, and public censure
ART 211-A – Qualified Bribery
1. Offender is a public officer entrusted with Law Circumstanc
Penalty
enforcement; e Present
2. He refrains from Arresting or prosecuting an If the public Penalty for the
offender who has committed a crime punishable by officer did not offense which
reclusion perpetua and/or death; ask/demand was not
LAC
3. Offender refrains from arresting or prosecuting in the gift. prosecuted.
Consideration of any offer, promise, gift, or present.
If the public
officer asks or
Death
demands the
gift
ART 212 – Corruption Of Public Officials
1. Offender makes Offers or promises or gives gifts or The same penalties imposed
presents to a public officer; and upon the officer corrupted shall
2. Offers or promises are made or the gifts or presents be imposed.
OB
given to a public officer, under circumstances that
will make the public officer liable for direct Bribery Exceptions: Disqualification
or indirect bribery. and Suspension
CHAPTER THREE - Frauds and Illegal Exactions and Transactions
ART 213 - Fraud Against the Public Treasury and Similar Offenses (as amended by RA
10951)
1. Offender is a Public officer
2. He took advantage of his public office;
he intervened in the transaction in his
Prisión correccional in its
Official capacity
medium period to prisión mayor
Fraud 3. He Entered into an agreement with any
in its minimum period, or a fine
against interested party or speculator or made
ranging from ₱40,000 to
public use of any other scheme with regard to:
POED ₱2,000,000, or both
Trea- a. Furnishing supplies
sury b. The making of contracts or
Note: When the culprit is an
(par. 1) c. Adjustment or settlement of
officer or employee of the
accounts relating to public property
Bureau of Internal Revenue or
or funds
the Bureau of Customs, the
4. Accused had intent to Defraud the
provisions of the Administrative
Government.
Code shall be applied
Illegal 1. Offender is a public officer entrusted
Exac- with the Collection of taxes, licenses,
C-DRC tions fees and other imposts;
(Pars. 2. He is guilty of the following acts or
2-4) omissions:

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a. Demanding directly or indirectly,

payment of sums different from or
larger than those by law;
b. Failing voluntarily to issue a Receipt
as provided by law, for any sum of
money collected by him officially; or
c. Collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or object of a
nature different from that provided
by law
ART 214 – Other Frauds
1. Offender is a Public officer; Temporary special
2. He takes Advantage of his official position; and disqualification in its maximum
3. He Commits any of the frauds or deceits period to perpetual special
PACo
enumerated in Article 315 to 318 (estafa, other disqualification
forms of swindling, swindling a minor, other
deceits).
ART 215 – Prohibited Transactions (as amended by RA 10951)
1. Offender is an Appointive public officer;
2. He becomes Interested, directly or indirectly, in Prisión correccional in its
any transaction of exchange or speculation; minimum period or a fine
AIIJ 3. He becomes interested during his Incumbency; ranging from ₱40,000 to
and 200,000, or both
4. Transaction takes place within the territory subject
to his Jurisdiction;
ART 216 – Possession of Prohibited Interest by a Public Officer (as amended by RA 10951)
Persons liable: Arresto mayor in its medium
1. Public officer who, directly or indirectly, became period to prisión correccional in
interested in any contract or business in which it its minimum period, or a fine
was his official duty to intervene; ranging from ₱40,000 to
2. Experts, arbitrators, and private accountants who, ₱200,000, or both
PEG in like manner, took part in any contract or
transaction connected with the estate or property
in the appraisal, distribution or adjudication of
which they had acted; and
3. Guardians and executors with respect to the
property belonging to their wards or the estate.
CHAPTER FOUR: Malversation of Public Funds or Property
ART 217 – Malversation of Public Funds or Property – Presumption of Malversation (as
amended by RA 10951)
Penalty
As to the
1. Appropriating public funds or property; (Regardless
Amount
2. Taking or misappropriating the same; of Mode)
3. Consenting, or through abandonment or If the amount Prisión
negligence, Permitting any other person involved does correccional in
AT-PeM Modes to take such public funds or property; not exceed its medium
and ₱40,000. and maximum
4. Being otherwise guilty of the periods
Misappropriation or malversation of If the amount Prisión mayor
such funds or property. involved is in its minimum
more than

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₱40,000 but and medium

does not periods
exceed
₱1,200,000.
If the amount Prisión mayor
involved is in its
more than maximum
₱1,200,000 period to
but does not reclusion
exceed temporal in its
₱2,400,000. minimum
period
If the amount Reclusion
involved is temporal in its
more than medium and
1. Offender is a Public officer; ₱2,400,000 maximum
2. He had the Custody or control of funds but does not periods
Ele- or property by reason of the duties of his exceed
ments office; 4,400,000.
Com- 3. He was accountable for Public funds or If the amount
PCPA involved is
mon to property;
All 4. He Appropriated, took, misappropriated more than Reclusion
Modes or consented or, through abandonment ₱4,400,000 perpetua.
or negligence, permitted another person but does not
to take them. exceed
₱8,800,000.
NOTE
In all cases, persons guilty of
malversation shall also suffer
the penalty of perpetual special
disqualification and a fine equal
to the amount of the funds
malversed or equal to the total
value of the property
embezzled
ART 218 – Failure of Accountable Officer to Render Accounts (as amended by RA 10951)
1. Offender is Public officer, whether in the service or
separated therefrom by resignation or any other
cause;
Prisión correccional in its
2. He is an Accountable officer for public funds or
minimum period or by a fine
property;
PART ranging from ₱40,000 to
3. He is Required by law or regulation to render
₱1,200,000, or both
account to the Commission on Audit, or to a
provincial auditor;
4. He fails to do so for a period of Two months after
such accounts should be rendered.
ART 219 – Failure of s Responsible Public Officer to Render Accounts Before Leaving the
Country Accounts (as amended by RA 10951)
1. Offender is a Public officer; Arresto mayor or a fine ranging
2. He is an Accountable officer for public funds or from ₱40,000 to ₱200,000, or
PAU
property; both

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3. He Unlawfully leaves or attempts to leave the

Philippine Islands without securing a certificate
from the Commission on Audit showing that his
accounts have been finally settled.
ART 220 – Illegal Use of Public Funds or Property
Circum-
stance Penalty
Present
Prision
correccional
minimum or a
If there is fine ranging
damage or from ½ to the
1. Offender is a Public officer;
embarrassm total value of
2. There are Public funds or property under his
ent to the the sum
administration;
public misapplied.
3. Such fund or property were Appropriated by law or
P-PAO service
ordinance;
Offender shall
4. He applies such public fund or property to any
also suffer
public use Other than for which it was appropriated
temporary
for.
special
disqualification
If there is no Fine of 5 to 50%
damage or of the sum
embarrass- misapplied
ment to the
public
service
ART 221 – Failure To Make Delivery Of Public Funds Or Property (as amended by RA 10951)
1. Public officer has government funds in
his possession
Arresto mayor and a fine from
2. Obligation to make Payment from such
PPM Mode 1 5% to 25% of the sum which he
funds
failed to pay.
3. Maliciously fails to perform the
obligation
Note: The fine shall be
1. Public officer has government funds in
graduated in such case by the
his possession
value of the thing: Provided it
2. Obligation to Deliver any property in his
PDM Mode 2 shall not be less than ₱10,000.
custody or under his administration
3. Maliciously fails to perform the
obligation
CHAPTER FIVE: Infidelity Of Public Officers
SECTION ONE – Infidelity in the Custody of Prisoners
ART 223 – Conniving with or Consenting to Evasion
Circum-
1. Offender is a Public officer; stance Penalty
2. He had in his Custody or charge a prisoner, either Present
detention prisoner or prisoner by final judgment; If the fugitive
1. Prision
P-CEC 3. Such prisoner Escaped from his custody; has been
correccional
4. He was in Connivance with the prisoner in the sentenced
medium to
latter’s escape. (“shall consent to the escape”) by final
maximum
judgement

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to any 2. Temporary
penalty special
disqualifica-
tion in its
maximum
period to
perpetual
special
disqualifica-
tion
1. Prision
correccional
If the fugitive in its
is only a minimum
detention 2. Temporary
prisoner special
disqualifica-
tion
ART 224 – Evasion Through Negligence
P-CoN 1. Offender is a Public officer; Arresto mayor maximum to
2. He is charged with the Conveyance or custody of prision correccional minimum
a detention prisoner or prisoner by final judgment; and temporary special
3. Such prisoner escapes through Negligence disqualification
ART 225 – Escape Of Prisoner Under the Custody of a Person Not a Public Officer
1. Offender is a Private person;
2. Conveyance or custody of a prisoner or person
Penalty next lower in degree
under arrest is confided to him;
PCE-CN than that prescribed for the
3. Prisoner or person under arrest Escapes;
public officer
4. Offender Consents to the escape, or that the
escape takes place through his Negligence.
SECTION TWO – Infidelity In The Custody Of Documents
ART 226 – Removal, Concealment, Or Destruction Of Documents (as amended by RA 10951)
Circum-
stance Penalty
Present
When Prisión mayor
serious and a fine not
damage exceeding
1. Offender is a Public officer; have been ₱200,000
2. He Removes, Destroys or Conceals a document caused to a
or papers; third party or
P-
3. Said document or papers should have been to the public
ReDeCo-
Entrusted to such public officer by reason of his interest.
ED
office; When Prisión
4. Damage, whether serious or not, to a third party or damage correccional in
to the public interest has been caused. caused to a its minimum
third party or and medium
to the public period and a
interest is fine not
not serious. exceeding
₱200,000.

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NOTE
The additional penalty of
temporary special
disqualification in its maximum
period to perpetual
disqualification shall be
imposed
ART 227 – Officer Breaking Seal (as amended by RA 10951)
1. Offender is a Public officer; Prisión correccional in its
2. He is charged with the Custody of papers or minimum and medium periods,
property; temporary special
P-CSB
3. These papers or property are Sealed by proper disqualification and a fine not
authority; exceeding ₱400,000
4. He Breaks the seal or permits them to be broken.
ART 228 – Opening Of Closed Documents (as amended by RA 10951)
1. Offender is a Public officer;
2. Any Closed papers, documents, or objects are Arresto mayor, temporary
entrusted to his custody; special disqualification and a
PoCON
3. He Opens or permits to be opened said closed fine not exceeding ₱400,000
papers, documents or objects;
4. He does Not have proper authority.
ART 229 – Revelation Of Secrets By An Officer (as amended by RA 10951)
1. Offender is a Public officer If the revelation of such secrets
2. He knows of a Secret by reason of his or the delivery of such papers
official capacity shall have caused serious
P-SRD Mode 1
3. He Reveals such secret without damage to the public interest:
authority or justifiable reasons 1. Prisión correccional in its
4. There is Damage to public interest medium and maximum
periods,
2. Perpetual special
disqualification; and
3. Fine not exceeding
1. Offender is a Public officer ₱400,000
2. He has charge of Papers which should
not be published Exception: if there is no serious
P-PWD Mode 2
3. He Wrongfully delivers those papers or damage to public interest:
copies thereof to a third person 1. Prisión correccional in its
4. There is Damage to public interest minimum period
2. temporary special
disqualification and
3. Fine not exceeding
₱100,000
ART 230 – Public Officers Revealing Secrets of Private Individuals (as amended by RA
10951)
1. Offender is a Public officer;
2. He knows of the Secrets of a private individual by Arresto mayor and a fine not
PSR reason of his office; exceeding ₱200,000
3. He Reveals such secrets without authority or
justifiable reason.

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CHAPTER VI: Other Offenses Or Irregularities By Public Officers

SECTION 1 – Disobedience, Refusal Of Assistance, And Maltreatment Of Prisoners
ART 231 – Open Disobedience (as amended by RA 10951)
1. Officer is a Judicial or executive officer; 1. Arresto mayor in its medium
2. There is a Judgment, decision or order of a period to prisión
superior authority; correccional in its minimum
3. Such judgment, decision or order was made Within period
the scope of the jurisdiction of the superior 2. Temporary special
Je-JWR
authority and issued with all the legal formalities; disqualification in its
4. He openly Refuses to execute the said judgment, maximum period and
decision or order, which he is duty bound to obey 3. Fine not exceeding
without any legal justification. ₱200,000

ART 232 – Disobedience To The Order Of Superior Officer When Said Order Was Suspended
By Inferior Officer
1. Offender is a Public officer;
2. An order is issued by his superior for Execution;
Prision correccional in its
3. He Suspended the execution of such order;
minimum and medium periods
PES-DiDi 4. His superior Disapproves the suspension of the
and perpetual special
execution of the order; and
disqualifitcation
5. Offender Disobeys his superior despite the
disapproval of the suspension.
Art 233 – Refusal of Assistance (as amended by RA 10951)
Circum-
stance Penalty
Present
With serious 1. Arresto
damage to mayor in its
the public medium
interest, or to period to
a third party prisión
correccional
in its
minimum
1. Offender is a Public officer; period
2. A competent authority demands from the offender 2. Perpetual
P-CoM that he lend his Cooperation towards the special
administration of justice or other public service; disqualifica-
3. Offender Maliciously fails to do so. tion
3. Fine not
exceeding
₱200,000
Without Arresto mayor
serious in its medium
damage to and maximum
the public periods and a
interest, or to fine not
a third party exceeding
₱100,000 shall
be imposed

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ART 234 – Refusal to Discharge elective office (as amended by RA 10951)

1. Offender is elected by popular Election to a public
office;
Arresto mayor or a fine not
2. He Refuses to be sworn in or to discharge the
ERL exceeding ₱200,000 or both
duties of said office;
3. There is no Legal motive for such refusal to be
sworn in or to discharge the duties of said office.
ART 235 – Maltreatment Of Prisoners (as amended by RA 10951)
Circum-
stance Penalty
Present
Prisión
correccional in
its medium
period to prisión
mayor in its
Acts 3(a) or minimum
3(b) or 3(c) period, in
1. Offender is a Public officer or employee; addition to his
2. He has under his Charge a prisoner or detention liability for the
prisoner; physical injuries
3. He Maltreats such prisoner by overdoing himself in or damage
the correction or handling of a prisoner or caused.
detention prisoner under his charge by: 1. Prisión
PCM a. Imposition of punishment not authorized by the mayor in its
regulations; minimum
b. Inflicting such punishments (those authorized) If the period
in a cruel and humiliating manner. purpose of 2. Temporary
c. Maltreating such prisoners to extort a the maltreat- special
confession or to obtain some information from ment is to disqualificati
the prisoner. extort a on
confession, 3. Fine not
or to obtain exceeding
some ₱100,000, in
information addition to
from the his liability
prisoner for the
physical
injuries or
damage
caused.
SECTION TWO – Anticipation, Prolongation, and
Abandonment Of The Duties And Powers Of Public Office
ART. 236 – Anticipation Of Duties Of A Public Officer (as amended by RA 10951)
1. Offender is Entitled to hold a public office or
employment, either by election or appointment; Suspension from such office or
2. The law requires that he should first be Sworn in employment until he shall have
and/or should first give a bond; complied with the respective
ESAN
3. He Assumes the performance of the duties and formalities and shall be fined
powers of such office; and from ₱40,000 to ₱100,000.
4. He has Not taken his oath of office and/or given
the bond required by law.

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ART. 237 – Prolonging Performance Of Duties And Powers (as amended by RA 10951)
1. Prisión correccional in its
1. Offender is holding a Public office;
minimum period
2. Period provided by law, regulations or special
2. Special temporary
provision for holding such office, has already
PPC disqualification in its
expired; and
minimum period
3. He Continues to exercise the duties and powers of
3. Fine not exceeding
such office.
₱100,000.
ART. 238 – Abandonment Of Office Or Position
Penalty
Circum-
(Regardless of
stance
the Mode of
Present
Commission)
If office has
been
abandoned
to evade the
discharge of
his duties of
preventing,
prosecuting
or punishing
any crime
1. Offender is a Public officer;
that:
2. He formally Resigns from his position;
1. Falls 1. Prision
PRNA 3. His resignation has Not yet been accepted; and
within correccional
4. He Abandons his office to the detriment of the
Title I or minimum
public service.
Chapter 1 and medium
of Title III 2. Arresto
of Book 2 Mayor
2. Is any
other
crime
If the public
officer
abandons
his post to
Arresto Mayor
the
detriment of
public
service.
SECTION 3 – Usurpation Of Powers And Unlawful Appointments
ART. 239 – Usurpation Of Legislative Powers (as amended by RA 10951)
Offender is an Executive or Judicial officer, who 1. Prisión correccional in its
encroaches upon the powers of the Legislative branch minimum period
by: 2. Temporary special
EJ-MAS 1. Making general rules or regulations beyond the disqualification
scope of his authority; or 3. Fine not exceeding
2. Attempting to repeal a law; or ₱200,000.
3. Suspending the execution thereof.

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ART. 240 – Usurpation Of Executive Functions

1. Offender is a Judge;
2. That he:
a. Assumes a power pertaining to the executive Arresto mayor medium to
JAO
authorities, or prision correccional minimum
b. Obstructs the executive authorities in the
lawful exercise of their powers.
ART. 241 – Usurpation Of Judicial Functions
1. Offender is an officer of the Executive branch;
2. That he:
a. Assumes judicial powers, or Arresto mayor medium to
Ex-AO
b. Obstructs the execution of any order or prision correccional minimum
decision rendered by any judge within his
jurisdiction.
ART. 242 – Disobeying Request For Disqualification (as amended by RA 10951)
1. Offender is a Public officer;
2. A proceeding is Pending before such public officer;
3. There is a Question brought before the proper
Arresto mayor and a fine not
authority regarding his jurisdiction, which is not yet
PPQRC exceeding 100,000.
decided;
4. He has been lawfully required to Refrain from
continuing the proceeding;
5. He Continues the proceeding.
ART. 243 – Orders Or Request By Executive Officer To Any Judicial Authority (as amended
by RA 10951)
1. Offender is an Executive officer;
2. He addresses any order or suggestion to any
Arresto mayor and a fine not
Judicial authority;
EJJ exceeding ₱100,000
3. The order or suggestion relates to any case or
business coming within the exclusive Jurisdiction
of the courts of justice.
ART. 244 – Unlawful Appointments (as amended by RA 10951)
1. Offender is a Public officer;
2. He Nominates or appoints a person to a public
office;
Arresto mayor and a fine not
3. Such person Lacks the legal qualifications
P-NoLaK exceeding ₱200,000
therefore;
4. Offender Knows that his nominee or appointee
lacks the qualification at the time he made the
nomination or appointment.
ART. 245 – Abuses Against Chastity
1. Offender is a Public officer
2. He Solicits or makes immoral or
indecent advances to a woman
PSP Mode 1 3. Woman is interested in matters Pending Prision correccional medium
before the offender for decision, or with and maximum and temporary
respect to which he is required to submit special disqualification
a report to or consult with a superior.
1. Offender is a Public officer
PSC Mode 2 2. He Solicits or makes immoral or
indecent advances to a woman

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3. Woman is under the Custody of the

offender who is a warden or other public
officer directly charged with the care
and custody of prisoners.
1. Offender is a Public officer
2. He Solicits or makes immoral or
Prision correccional minimum
indecent advances to a woman
and medium and temporary
PSR Mode 3 3. Woman is the wife, daughter, sister or
special disqualification
Relative within the same degree by
affinity of the person in the custody of
the offender.

TITLE VIII: Crimes Against Persons

CHAPTER ONE: Destruction of Life
ART. 246 – Parricide
1. A person is Killed;
2. Deceased is killed by the Accused;
3. Deceased is the Accused's:
a. Legitimate/illegitimate Father
b. Legitimate/illegitimate Mother
KAA- Reclusion perpetua
c. Legitimate/illegitimate Child (should
FaMCADS
not be less than 3 days old,
otherwise crime is infanticide)
d. Other legitimate Ascendant
e. Other legitimate Descendant
4. Legitimate Spouse
ART. 247 - Death or Physical Injuries Under Exceptional Circumstances
1. A legally Married person, or a parent,
surprises the following in the act of
sexual intercourse with another person:
a. His Spouse or;
b. His Daughter, the latter under 18
years of age and living with him;
2. He or she Kills any or both of them, or
M-SD-KiP Destierro
inflicts upon any or both of them any
serious physical injury in the act or
immediately thereafter;
3. He has not Promoted or facilitated the
prostitution of his wife or daughter, or
that he or she has not consented to the
infidelity of the other spouse.
ART. 248 – Murder
1. Person was Killed;
2. Accused killed him;
3. Killing was attended by any of the
following qualifying Circumstances:
KAC-
a. With Treachery, taking advantage of Reclusion perpetua
TCICPC-N
superior strength, aid of armed men,
or employing means to weaken the
defense, or of means or persons to
insure or afford impunity;

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b. In Consideration of a price, reward

or promise;
c. By means of Inundation, fire, poison,
explosion, shipwreck, stranding of a
vessel, derailment or assault upon a
railroad, fall of an airship, by means
of motor vehicles, or with the use of
any other means involving great
waste and ruin;
d. On occasion of any of the Calamities
enumerated in the preceding
paragraph, or of an earthquake,
eruption of a volcano, destructive
cyclone, epidemic, or any other
public calamity;
e. With evident Premeditation;
f. With Cruelty, by deliberately and
inhumanly augmenting the suffering
of the victim, or outraging or scoffing
at his person or corpse.
4. Killing is Not parricide or infanticide.
ART. 249 – Homicide
1. Person was Killed;
2. Offender killed him without any
Justifying circumstances;
KJ-IQ 3. Offender had the Intention to kill Reclusion temporal
4. Killing was not attended by any of the
Qualifying circumstances of murder, or
by that of parricide or infanticide
ART. 250 – Penalty for Frustrated Parricide, Murder or Homicide
As to the Act Penalty
Frustrated
parricide,
2 degrees lower
murder, or
homicide
Attempted
N/A N/A parricide, 3 degrees lower
murder, or
homicide.
NOTE
Imposition of a penalty lower by one
degree than that imposed under Arts.
50 and 51 depends on the courts, in
view of the facts of the case.
ART. 251 – Death Caused in Tumultuous Affray
Prision mayor
1. There are Several persons;
2. They do not compose Groups Exception: If it cannot be determined
SGQKAI organized for the common purpose of who inflicted the serious physical
assaulting and attacking each other injuries on the deceased, the penalty of
reciprocally; prision correccional in its medium and
maximum periods shall be imposed

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3. These several persons Quarreled and upon all those who have used violence
assaulted one another in a confused upon the person of their victim.
and tumultuous manner;
4. Someone was Killed in the course of
the affray;
5. It cannot be Ascertained who actually
killed the deceased; and
6. The person or persons who inflicted
serious physical injuries or who used
violence can be Identified.
ART. 252 – Physical Injuries Caused in Tumultuous Affray
1. There is a Tumultuous affray; Circumstance
Penalty
2. A participant or some participants Present
thereof Suffered serious physical Penalty next lower
injuries or physical injuries of a less Serious physical in degree than that
serious nature only; injuries are provided for the
TIK
3. Person responsible cannot be inflicted physical injuries so
Identified; and inflicted.
4. All those who appear to have used Physical injuries Arresto
violence upon the person of the inflicted are less mayor from 5 to 15
offended party are Known. serious nature days.
ART. 253 – Giving Assistance to Suicide
As to Nature of
Penalty
Assistance
Any person who
shall assist
Prision mayor
another to
1. Assisting another to commit suicide,
commit suicide
whether the suicide is consummated or
If such person
not;
AL leads his
2. Lending his assistance to another to
assistance to Reclusion
commit suicide to the extent of doing
another to the temporal.
the killing himself.
extent of doing
the killing himself
Arresto mayor in
If suicide is not
its medium and
consummated
maximum periods
ART. 254 – Discharge of Firearms
General rule: Rrision correccional in
its minimum and medium periods

1. Offender Discharges a firearm against Exception: If the facts of the case are
or at another person. such that the act can be held to
DN
2. Offender has No intention to kill that constitute frustrated or attempted
person. parricide, murder, homicide or any
other crime for which a higher penalty
is prescribed by any of the articles of
the RPC.

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SECTION TWO: Infanticide and Abortion

ART. 255 – Infanticide
As to Nature Penalty
Any person
Penalty provided for
who shall kill
parricide (Art. 246)
any child less
and murder (Art.
than three days
248).
of age.
If the crime is
committed by
the mother of Prision mayor in its
1. Child was killed by the accused; the child for the medium and
C-3 2. Deceased child was less than 3 days purpose of maximum periods
old (72 hours). concealing her
dishonor
If crime is
committed for
the same
purpose by the
Reclusion temporal
maternal
grandparents
or either of
them
ART. 256 – Intentional Abortion
1. There is a Pregnant woman; As to
2. Violence is exerted, or drugs or Existence of Penalty
beverages administered, or that the Violence
accused otherwise acts upon such If there is use
pregnant woman; of any violence
3. As a result of the above acts, the fetus upon the
Reclusion temporal
Dies, either in the womb or after having person of the
been expelled therefrom; and pregnant
4. Abortion is Intended. woman
PVi-DI
If, without using
violence, he
shall act
Prision mayor
without the
consent of the
woman
Prision correccional
If the woman
in its medium and
consented.
maximum periods
ART. 257 – Unintentional Abortion
1. There is a Pregnant woman;
2. Violence is used upon such pregnant
woman without intending an abortion; Prision correccional in its minimum and
PVID
3. The violence is Intentionally exerted; medium period
4. Result of violence – fetus Dies, either in
the womb or expelled therefrom
ART. 258 – Abortion Practiced by the woman Herself or by Parents
1. There is a Pregnant woman who Circumstance
PIC-HCP Penalty
suffered an abortion; Present

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2. Abortion is Intended; If the woman

3. Abortion is Caused by – practices
Prision
a. Pregnant woman Herself; abortion upon
correccional in its
b. Any other person, with her herself or shall
medium and
Consent; or consent that
maximum periods
c. Any of her Parents, with her another person
consent for the purpose of should do so.
concealing her dishonour. If the woman
Prision
committed the
correccional in its
offense to
minimum and
conceal her
medium periods
dishonor
If the crime is
committed by the
parents of the
pregnant woman Prision
or either of them correccional in its
and they act with medium and
the consent of maximum periods
said woman to
conceal her
dishonor.
ART. 259 – Abortion By A Physician Or Midwife Dispensing Of Abortives (as amended by RA
10951)
1. Pregnant suffered an abortion;
2. Abortion is Intended;
3. Offender is a Physician or midwife, who The penalties provided in Art. 256 shall
caused or assisted in causing the be imposed in its maximum period
PIPA
abortion; and upon the physician or midwife who
4. Said physician or midwife took caused the abortion.
Advantage of his or her scientific
knowledge or skill.
1. Offender is a Pharmacist; Arresto mayor and a fine not exceeding
2. No proper Prescription from a P100,000 shall be imposed upon the
PPD
physician; and pharmacist who dispensed the abortive
3. Offender Dispenses any abortive. without proper prescription.
SECTION THREE: Duel
ART. 260 – Responsibility of Participants in a Duel
Circumstance
Penalty
Present
1. Killing one’s adversary in a Duel; If the adversary is
Reclusion temporal
2. Inflicting upon such adversary killed in a duel.
physical injuries; or If he only physical Penalty provided for
DIC
3. Making a Combat although no injuries were the physical injuries
physical injuries have been inflicted. inflicted.
inflicted. In any other case
(e.g., no physical Arresto Mayor
injuries inflicted).
ART. 261 – Challenging To A Duel
CIS 1. Challenging another to a duel; Prision correccional in its minimum period

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2. Inciting another to give or accept

a challenge to a duel; or
3. Scoffing at or decrying another
publicly for having refused to
accept a challenge to fight a duel.
ART. 262 – Mutilation
1. Castration is the
mutilation of organs
necessary for
generation; deprives the
offended, either totally
Mode
CP or partially, of some Reclusion temporal to reclusion perpetua
1
essential organ for
reproduction.
2. Mutilation is caused
Purposely and
deliberately
1. Lopping or clipping off
any part of the body of
the offended party, other
than the essential organ
for reproduction, to
Mode Prision mayor in its medium and maximum
LP deprive him of that part
2 periods.
of his body. [Reyes,
Book Two]
2. Mutilation is caused
Purposely and
deliberately
ART. 263 – Serious Physical Injuries
As to Nature of
Penalty
Injury
If the injured
becomes insane, Prision mayor
imbecile, impotent,
or blind
If the person
injured lost: (a) the
use of speech or
Modes of Commission:
the power to hear
1. By Wounding;
or to smell; (b) an
2. By Beating;
WoBAA eye, a hand, a foot,
3. By Assaulting; or Prision correccional in
an arm, or a leg; (c)
4. By Administering injurious its medium and
the use of any such
substance. maximum periods
member, or shall
have become
incapacitated for
the work in which
he was habitually
engaged
If the person Prision correccional in
injured have its minimum and
become deformed medium periods

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or shall have lost

any other part of
his body, or shall
have lost the use
thereof, or shall
have been ill or
incapacitated for
the performance of
the work in which
he as habitually
engaged for a
period of more
than ninety days
If the physical
injuries inflicted
Arresto mayor in its
caused the illness
maximum period to
or incapacity for
prision correccional in
labor of the injured
its minimum period
person for more
than thirty days.
ART. 264 – Administering Injurious Substances or Beverages
1. Offender Inflicted any serious
physical injury;
2. It was done by Knowingly
administering to him any injurious Penalties established by the next preceding
IKI
substance or beverages or by article shall be applicable
taking advantage of his weakness
of mind or credulity; and
3. There was no Intent to kill.
ART. 265 – Less Serious Physical Injuries (as amended by RA 10951)
As to the Nature
Penalty
of the Injuries
Physical injuries
not described in
the preceding
articles but which
shall incapacitate
1. Offended party:
the offended party Arresto mayor
a. Is Incapacitated for labor for 10
for labor for 10
days or more (but not more
days or more, or
than 30 days); or
shall require
IMP b. Needs Medical attendance for
medical assistance
the same period of time;
for the same period
2. Physical injuries must not be
If injuries are
those described in the Preceding
inflicted with the
articles.
manifest intent to
Arresto mayor and a
insult or offend the
fine not exceeding
injured person or
₱50,000
under
circumstances
adding ignominy to
the offense

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Prision correccional in
If injuries are
its minimum and
inflicted upon the
medium periods
offender's parents,
ascendants,
Provided, that in the
guardians,
case of persons in
curators, teachers,
authority, the deed
persons of rank or
does not constitute the
persons in
crime of assault upon
authority
such persons
ART. 266 – Slight Physical Injuries And Maltreatment (as amended by RA 10951)
If the injury
incapacitates the
offended party for
labor from 1 to 9
Arresto menor
days or shall
1. Physical injuries incapacitated the
require medical
offended party for labor from 1-9
attendance during
days, OR required medical
the same period.
attendance during the same
If the physical
period;
injuries do not
1-9-PI 2. Physical injuries did not Prevent
prevent the
the offended party from engaging Arresto menor or a fine
offended party
in his habitual work or did not not exceeding ₱40,000
from engaging in
require medical attendance; or and censure
his habitual work
3. Ill-treatment of another by deed
nor require medical
without causing any injury.
assistance.
If the offender shall Arresto menor in its
ill-treat another by minimum period or a
deed without fine not exceeding
causing any injury. ₱5,000
ART. 266-A – RAPE & 266 – B (Penalties) (as amended by RA 8353)
1. Offender is a Man; Reclusion perpetua
2. Offender had Carnal
knowledge of a woman; Exceptions:
3. Such act is Penalty shall be reclusion perpetua to death
accomplished under any whenever rape is committed under the
of the following following circumstances:
Circumstances: 1. When rape is committed with the use of a
a. By using Force, threat deadly weapon;
or intimidation; 2. When rape is committed by two or more
Mode
MCC-FRM12 b. When the woman is persons;
1
deprived of Reason 3. When by reason or on the occasion of the
or is otherwise rape, the victim has become insane; or
unconscious; 4. When the rape is attempted and a
c. By means of homicide is committed by reason or on
fraudulent occasion thereof
Machination or grave
abuse of authority; or Penalty shall be death when by reason or on
4. When the woman is occasion of the rape, homicide is committed.
under 12 years of age

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(Statutory Rape) or is NOTE: The penalty of death may not be

demented. imposed (only reclusion perpetua under RA
9346)

1. Offender commits an act

of Sexual assault;
2. Act is committed by any
of the following Means:
a. By inserting his Penis
into another person's Prision mayor
mouth or anal orifice;
or Exceptions:
b. By inserting any
Circumstance Penalty
Instrument or object
Whenever the rape Prision mayor to
into the genital or anal
is committed with reclusion temporal
orifice of another
the use of a deadly
person;
weapon or by two or
3. Act is accomplished
more persons
SM-PI-C- Mode under any of the
When the rape is Reclusion temporal
FDM12 2 following
attempted and a to reclusion
Circumstances:
homicide is perpetua
a. By using Force or
committed by arson
intimidation; or
or on the occasion
b. When the woman is
thereof
Deprived of reason or
When by reason or Reclusion perpetua
otherwise
on the occasion of
unconscious; or
the rape, homicide
c. By means of
is committed
fraudulent
Machination or grave
abuse of authority; or
d. When the woman is
under 12 years of age
or demented.
Qualified Rape (Under Art. 266-B):
1. If the victim: [18-C-7-M]
a. Is under 18 yrs. old, & the
offender is a parent,
ascendant, step-parent,
guardian, relative by If rape is committed through Mode 1:
consanguinity or affinity w/in Death
the 3rd civil degree, or the
common law spouse of the Note: Only the penalty of reclusion perpetua
18-C-7-M
parent of the victim may be imposed under RA 9346.
b. Is under the Custody of the
police / military authorities / law If rape is committed through Mode 2:
enforcement agency Reclusion Temporal
c. Is a religious and such
legitimate vocation is known by
the offender before or at the
time of rape
d. Is a child below 7 yrs. old;

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e. Suffered permanent or
physical Mutilation or disability
by reason or on the occasion of
rape
2. If the offender: [SAPMF]
a. Is afflicted with a Sexually
transmissible disease & the
virus / disease is transmitted to
the victim;
b. Is a member of the AFP / PNP
/ any law enforcement agency
/ penal institution, & took
advantage of his position;
c. Knew of the Pregnancy of the
offended party at the time of
the commission of rape;
d. Knew of the Mental disability,
emotional disorder, or physical
handicap of the offended party
at the time of the commission
of rape
3. If Rape is committed in Full view
of the spouse, parent, any of the
children, or other relatives w/in the
3rd civil degree of consanguinity

TITLE IX: Crimes Against Personal Liberty And Security

CHAPTER I: Crimes Against Liberty
SECTION ONE: Illegal Detention
ART 267 – Kidnapping And Serious Illegal Detention
Circum-
stance Penalty
Present
1. Offender is a Private individual or a Public Officer 1. Kidnappin
who has no duty under the law to detain a g lasts
person; more than
2. He Kidnaps or detains another, or in any other 3 days
manner deprives the latter of his liberty; 2. When it is
3. Detention or kidnapping is Illegal; and committed
4. In the commission of the offense, any of the simulating
PPu-K-I-
following circumstances is present: public
MoSSTMiFP Reclusion
a. Kidnapping lasts for More than 3 days; authority
perpetua to
b. It is committed Simulating public authority; 3. If any
death
c. Any Serious physical injuries are inflicted serious
upon the person kidnapped or detained or physical
Threats to kill him are made; or injuries
d. Person kidnapped or detained is a Minor, are
Female, or a Public officer. inflicted
4. If threats
to kill him
are made

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5. If the
person
kidnapped
or
detained is
a minor,
female or
a public
officer
1. If purpose
is to extort
ransom
2. When
victim is
killed or
dies as a
conseque
nce of the
Death
detention
3. When
victim is
raped
subjected
to torture
or
dehumani
zing acts.
ART. 268 – Slight Illegal Detention (as amended by RA 10951)
Reclusion temporal

Note: Same penalty shall be

imposed upon anyone who
shall furnish the place for the
perpetration of the crime.

1. Offender is a Private individual; Exception: If the offender

2. He Kidnaps or detains another, or in any other
voluntarily releases the
manner deprives him of his liberty. person kidnapped or detained
PKIW 3. Kidnapping or detention is Illegal; and within 3 days from the
4. Crime was committed Without the attendance ofcommencement of the
any of the circumstances enumerated in Article
detention, without having
267. attained the purpose
intended, and before the
institution of criminal
proceedings against him, the
penalty shall be prisión mayor
in its minimum and medium
periods and a fine not
exceeding ₱100,000.
Art 269 – Unlawful Arrest (as amended by RA 10951)
1. Offender Arrests or detains another person; Arresto mayor and a fine not
AND
exceeding ₱100,000.

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2. Purpose of the offender is to Deliver him to the

proper authorities; and
3. Arrest or detention is Not authorized by law or
there is no reasonable ground therefor.
SECTION TWO: Kidnapping of Minors
ART 270 – Kidnapping and Failure to Return a Minor
1. Offender is Entrusted with the custody of a minor Reclusion Perpetua
person (under 18 years of age)
ED
2. He Deliberately fails to restore the said minor to
his parents or guardians
ART. 271 – Inducing a Minor to Abandon His Home (as amended by RA 10951)
Prisión correccional and a fine
1. Minor (under 18) is living in the home of his not exceeding ₱100,000.
parents or guardians or the person entrusted
MI with his custody; and Exception: If committed by a
2. Offender Induces said minor to abandon such parent, penalty shall be
home. arresto mayor or a fine not
exceeding ₱40,000, or both.

ART. 272 – Slavery

Prision mayor and a fine not
exceeding P10,000
1. Offender Purchases, Sells, Kidnaps or Detains a
Note: If the crime is committed
human being; and
PuSeKiDe-E for the purpose of assigning
2. Purpose of the offender is to Enslave such
the offended party to some
person.
immoral traffic, the penalty
shall be imposed in its
maximum period.
ART. 273 – Exploitation Of Child Labor
1. Offender Retains a minor in his services;
2. It is Against the will of the minor; and Prision correccional minimum
RAD 3. It is under the pretext of reimbursing himself of a and medium and a fine not
Debt incurred by an ascendant, guardian or exceeding P500
person entrusted with the custody of such minor.
ART. 274 – Services Rendered Under Compulsion In Payment Of Debt
1. Offender compels a debtor to work for him,
either:
a. As a Household servant; or
Arresto Mayor maximum to
HoLA-Pay b. Farm Laborer;
prision correctional minimum
2. It is Against the debtor’s will;
3. Purpose is to require or enforce Payment of a
debt.
CHAPTER TWO: Crimes Against Security
SECTION ONE: Abandonment of Helpless Persons and Exploitation of Minors
ART. 275 – Abandonment Of Persons In Danger And Abandonment Of Own Victim
UAC Punishable Acts:
1. Failing to render assistance to any person
whom the offender finds in an Uninhabited Arresto mayor
place, wounded or in danger of dying when he
can render such assistance without detriment to

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himself, unless such omission shall constitute a

more serious offense.
2. Failing to help or render assistance to another
whom the offender has Accidentally wounded or
injured;
3. Failing to deliver a Child, under seven years of
age, whom the offender has found abandoned,
to the authorities or to his family, or by failing to
deliver him to a safe place.
Art 276 – Abandoning a Minor (as amended by RA 10951)
Circum-
stance Penalty
Present
Arresto
No additional
mayor and a
Circum-
fine not
stance is
exceeding
present
₱100,000
Prisión
correccional
If death of the in its medium
minor results and
1. Offender has the Custody of a child;
maximum
2. Child is under Seven years of age;
periods
CSAN 3. He Abandons such child; and
Prisión
4. He has No intent to kill the child when the latter If the life of
correccional
is abandoned. the minor
in its
shall have
minimum and
been in
medium
danger only
periods.
NOTE
The penalties provided above
shall not prevent the
imposition of the penalty
provided for the act
committed, when the same
shall constitute a more
serious offense
ART. 277 – Abandonment Of Minor By Person Entrusted With Custody; Indiferrence Of
Parents (as amended by RA 10951)
1. Offender was in charge of the Rearing
or education of a minor;
2. He Delivers said minor to a public
institution or other persons; and
RedC Mode
3. No Consent was obtained from the
1 Arresto mayor and a fine not
one who entrusted such child to the
exceeding ₱100,000.
offender; or if such person is absent,
the proper authorities have not
consented to it.
1. Offender is a Parent;
Mode
PES 2. He neglects his children by not giving
2
them Education; and

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3. His Station in life requires such

education and his financial condition
permits it.
ART. 278 – Exploitation Of Minors (as amended by RA 10951)
Punishable Acts:
1. Causing any boy or girl under 16 years of age to
perform any Dangerous feat of balancing,
physical strength or contortion, the offender
being any person;
2. Employing children under 16 years of age who
are not the children or descendants of the
offender in Exhibitions of acrobat, gymnast,
rope-walker, diver, or wild-animal tamer, the Prisión correccional in its
offender being an acrobat, etc., or circus minimum and medium periods
manager or engaged in a similar calling; and a fine not exceeding
3. Employing any Descendant under 12 years of ₱100,000.
age in dangerous exhibitions enumerated in the
next preceding paragraph, the offender being Note: Under Act 4, If the
DEDDI engaged in any of the said callings; delivery shall have been
4. Delivering a child under 16 years of age made in consideration of any
gratuitously to any person following any of the price, compensation, or
callings enumerated in mode 2, or to any promise, the penalty shall in
habitual vagrant or beggar, the offender being every case be imposed in its
an ascendant, guardian, teacher or person maximum period.
entrusted in any capacity with the care of such
child;
5. Inducing any child under 16 years of age to
abandon the home of its ascendants, guardians,
curators or teachers to follow any person
engaged in any of the callings mentioned in
paragraph 2 or to accompany any habitual
vagrant or beggar, the 110fender being any
person.
ART. 279 – Additional Penalties For Other Offenses
The penalties prescribed in
Art 275-278 shall not prevent
N/A N/A the imposition of penalties
under other provisions of the
RPC upon the same offender.
SECTION TWO: Trespass to Dwelling
ART. 280 – Qualified Trespass To Dwelling (as amended by RA 10951)
Arresto mayor and a fine not
exceeding ₱200,000.

Exception: If the offense is

1. Offender is a Private person;
committed by means of
PEW 2. He Enters the dwelling of another; and
violence or intimidation, the
3. Such entrance is against the latter’s Will.
penalty shall be prisión
correccional medium and
maximum and a fine not
exceeding ₱200,000.

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ART. 281 – Other Forms of Trespass (as amended by RA 10951)

1. Offender enters the Closed premises or the Arresto menor or a fine not
fenced estate of another; exceeding ₱40,000, or both.
2. Entrance is made while either of them is
CUMN Uninhabited;
3. Prohibition to enter is Manifest; and
4. Trespasser has Not secured the permission of
the owner or the caretaker thereof.
SECTION THREE: Threats and Coercion
ART. 282 – Grave Threats (as amended by RA 10951)
1. Offender Threatens another person Penalty next lower in degree
with the infliction upon the latter’s than that prescribed by law for
person, honor or property, or upon that the crime threatened to
of the latter’s family, of any wrong commit
Mode
TCDA 2. Such wrong amounts to a Crime
1
3. There is a Demand for money or that Note: If the threat was made
any other condition is imposed, even in writing or through a
though not unlawful. middleman, the maximum
4. Offender Attains his purpose. period shall be imposed.
1. Offender Threatens another person Penalty lower by 2 degrees
with the infliction upon the latter’s than that prescribed by law for
person, honor or property, or upon that the crime threatened to
of the latter’s family, of any wrong commit.
Mode
TCDN 2. Such wrong amounts to a Crime
2
3. There is a Demand for money or that Note: If the threat was made
any other condition is imposed, even in writing or through a
though not unlawful middleman, the maximum
4. Offender does Not attain his purpose. period shall be imposed.
1. Offender Threatens another person
with the infliction upon the latter’s
Arresto mayor and a fine not
Mode person, honor or property, or upon that
TCN exceeding ₱100,000
3 of the latter’s family, of any wrong
2. Such wrong amounts to a Crime
3. Threat is Not subject to a condition.
ART. 283 – Light Threats
1. Offender makes a Threat to commit a wrong;
2. Wrong does Not constitute a crime;
3. There is a Demand for money or that other
T-N-D-AN condition is imposed, even though not unlawful; Arresto Mayor
and
4. Offender has Attained his purpose or, that he
has Not attained his purpose.
ART. 284 – Bond for Good Behavior
ART. 285 – Other Light Threats (as amended by RA 10951)
Punishable Acts:
1. Threatening another with a Weapon;
Arresto menor in its minimum
2. Drawing such weapon in a quarrel, unless it be
period or a fine not exceeding
WDACN in lawful self-defense;
₱40,000.
3. Orally threatening another, in the heat of Anger,
with some harm constituting a Crime, without
persisting in the idea involved in his threat; and

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4. Orally threatening to do another any harm Not

constituting a felony.
ART. 286 – Grave Coercions (as amended by RA 10951)
1. Offender Prevented another from Prisión correccional and a fine
doing something not prohibited by law not exceeding ₱100,000.
2. Effected by Violence, threats or
Mode
PVN intimidation Exception: If the coercion be
1
3. Restraint is Not made under authority committed: (a) in violation of
of law or in the exercise of any lawful the exercise of the right of
right suffrage; (b) for the purpose of
1. Offender Compelled another to do compelling another to perform
something against his will; be it right or any religious act; or (c) to
wrong prevent him from exercising
Mode 2. Effected by Violence, threats or such right or from so doing
CVN
2 intimidation such act, the penalty next
3. Restraint is Not made under authority higher in degree shall be
of law or in the exercise of any lawful imposed.
right
ART. 287 – Light Coercions (as amended by RA 10951)
Arresto mayor in its minimum
period and a fine equivalent to
the value of the thing, but in no
1. Offender must be a Creditor; case less than ₱15,000.
2. He Seizes anything belonging to his debtor;
3. Seizure of the thing is accomplished by means of Exception: Any other
CresSViA Violence or a display of material force producing coercions or unjust vexations
intimidation; and (e.g., no violence or display of
4. Purpose of the offender is to Apply the same to material force) shall be
the payment of the debt. punished by arresto menor or
a fine ranging from ₱1,000 to
not more than ₱40,000, or
both.
ART. 288 – Other Similar Coercions (as amended by RA 10951)
1. Offender is any person, agent or
Officer of any association or
corporation;
2. He or such firm or corporation has
employed Laborers or employees;
Mode 3. He forces or compels, directly or
OLP
1 indirectly, or knowingly permits to be
forced or compelled, any of his or its Arresto mayor or a fine
laborers or employees to Purchase ranging from F₱40,000 to
merchandise or commodities of any ₱100,000, or both
kind from him or from said firm or
corporation.
1. Offender (employer) pays the wages
due a laborer or employee by means of
Mode Tokens or object;
TON
2 2. Those tokens or Objects are not the
legal tender currency of the
Philippines;

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3. Such employee or laborer does Not

expressly request that he be paid by
means of tokens or objects.
ART. 289 – Formation, Maintenance and Prohibition of Combination of
Capital or Labor Through Violence or Threats (as amended by RA 10951)
1. Offender 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 Arresto mayor and a fine not
ViCo
industry or work; and exceeding ₱60,000
2. Purpose is to organize, maintain or prevent
Coalitions of capital or labor, strike of laborers or
lockout of employers.
CHAPTER III: Discovery And Revelation Of Secrets
ART. 290 – Discovering Secrets Through Seizure Of Correspondence (as amended by RA
10951)
Prisión correccional in its
minimum and medium periods
1. Offender is a Private individual or a public officer
and a fine not exceeding
not in the exercise of his official function;
₱100,000.
2. He Seizes the papers or letters of another;
PSDI 3. Purpose is to Discover the secrets of such
Exception: if the offender
another person; and
shall not reveal such secrets,
4. Offender is Informed of the contents of the
the penalty shall be arresto
papers or letters seized.
mayor and a fine not
exceeding ₱100,000.
ART. 291 – Revealing Secrets With Abuse Of Office (as amended by RA 10951)
1. Offender is a Manager, Employee or Servant;
Arresto mayor and a fine not
2. He Learns the secrets of his principal or master
MES-L-R exceeding ₱100,000
in such capacity; and
3. He Reveals such secrets.
ART. 292 – Revelation Of Industrial Secrets (as amended by RA 10951)
1. Offender is a person in charge, employee or
workman of a manufacturing or industrial
Prisión correccional in its
Establishment;
minimum and medium periods
2. The manufacturing or industrial establishment
ESRP and a fine not exceeding
has a Secret of the industry which the offender
₱100,000.
has learned;
3. Offender Reveals such secrets; and
4. Prejudice is caused to the owner.

TITLE X: Crimes Against Property

CHAPTER ONE: Robbery in General
Art. 293 – Who are Guilty of Robbery
Elements of Robbery in General:
1. There is Personal property belonging
to another;
2. There is unlawful Taking of that
PTI-ViFo N/A
property;
3. The taking must be with Intent to gain;
and
4. There is:

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a. Violence against or intimidation of

any person; or
b. Force used upon things
SECTION ONE: Robbery with Violence Against or Intimidation of Persons
Art. 294 – Robbery with Violence or Intimidation of Persons
Prohibited Acts Penalty
1. When by reason or on occasion of the
robbery, the crime of Homicide is
committed Reclusion perpetua to death
2. When the robbery is accompanied by
Rape or intentional mutilation or
arson;
3. When by reason or on occasion of
such robbery any of the physical Reclusion temporal in its medium period
injuries resulting in Insanity, imbecility, to reclusion perpetua
impotency or blindness is inflicted;
4. When by reason or on occasion of
robbery, any of the Physical injuries
penalized in Art. 263(2) [Serious
Physical Injuries] is inflicted.
a. Loss of the use of speech or the
power to hear or to smell, or the
loss of an eye, a hand, a foot, an Reclusion temporal
arm or a leg; or
b. Loss of the use of any such
member; or
c. Incapacity for the work in which the
injured person is theretofore
HRIP-UNoV habitually engaged is inflicted.
5. If the violence or intimidation
employed in the commission of the
robbery is carried to a degree clearly
Unnecessary for its commission.
6. When in the course of its execution,
the offender inflicted upon any person
Not responsible for the commission of
the robbery any of the Physical
Injuries covered by Art 263(3 & 4) of
the RPC; when the person injured
becomes: Prision mayor in its maximum period to
a. Becomes deformed; or reclusion temporal in its medium period
b. Loses any other member of his
body; or
c. Loses the use thereof; or
d. Becomes ill or incapacitated for the
performance of the work in which
he is habitually engaged for labor
for more than 90 days; or
e. Becomes ill or incapacitated for
labor for more than 30 days, but not
more than 90 days.

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7. If the Violence employed by the

offender:
a. Does not cause any of the serious Prision correccional in its maximum
physical injuries defined in Art. period to prision mayor in its medium
263, or period
b. If the offender employs intimidation
only
Art. 295 – Robbery with Physical Injuries Committed in an Uninhabited Place and by a Band
or With the use of a Firearm on a Street, Road or Alley
Qualified Robbery with Violence
Against or Intimidation of Persons
(Art. 294 par. 3, 4 & 5):

If committed:
1. In an Uninhabited place, or
2. By a Band, or
3. By Attacking a moving train, street
car, motor vehicle, or airship, or
4. By Entering the passengers’
compartments in a train, or in any
The offender shall be punished by the
manner taking the passengers
maximum period of the proper penalties
thereof by surprise in the respective
conveyances; or
U-BAES Note: The penalty next higher in degree
5. On a Street, road, highway, or alley,
shall be imposed upon the leader of the
and the intimidation is made with the
band.
use of Firearms

Note: When at least 4 (more than 3)

armed malefactors take part in the
commission of a robbery, it is deemed
committed by a band. Moreover, any
member of a band who was present at
the commission of a robbery by the band,
shall be punished as Principal of any of
the assaults committed by the band,
unless it be shown that he attempted to
prevent the crime. (Art. 296, RPC).
Art. 296 – Definition of a Band and Penalty incurred by the Members thereof
Penalty to be imposed upon all the
malefactors shall be the maximum of the
When any of the Arms used in the
corresponding penalty provided by law,
4-P commission of robbery is not licensed.
without prejudice of the criminal liability
for illegal possession of such unlicensed
firearms.
Art. 297 – Attempted and Frustrated Robbery Committed under Certain Circumstances
Reclusion temporal in its maximum
1. There is Attempted or Frustrated period to reclusion perpetua,
robbery
AF-H
2. Homicide is committed on the same Exception: If the homicide committed
occasion shall deserve a higher penalty under the
provisions of this Code.

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Art. 298 – Execution of Deeds by Means of Violence or Intimidation

1. Offender has Intent to defraud
another;
2. Offender Compels him to sign, The offender will be held guilty under
IC-VI execute, or deliver any public robbery and will punished by the
instrument or document; and penalties respectively prescribed.
3. Compulsion is by means of Violence
or Intimidation.
SECTION TWO: Robbery with Force Upon Things
Art. 299 – Robbery in an Uninhabited House or Public Building or Edifice Devoted to
Worship (as amended by RA 10951)
1. Offender Entered: [EBR] Penalty
a. An inhabited House; or (Regardless of
b. Public Building As to the Amount the Mode of
c. Edifice devoted to Commission)
Religious worship If the value of the
2. Entrance was effected by property taken shall
any of the following means: exceed ₱50,000; Reclusion
[OBFN] and if committed temporal
a. Through an Opening not through Mode 1 or 2
intended for entrance or
egress; When the offenders
b. By Breaking any wall, do not carry arms,
E-E-T Mode 1 roof, or floor, or door or and the value of the Penalty next
lower in degree
window; property taken
shall be imposed.
c. By using False keys, exceeds ₱50,000
picklocks or similar
tools; or When the offenders
d. By using any fictitious are armed, but the
Name or pretending the value of the Penalty next
exercise of public property taken does lower in degree
authority. not exceed shall be imposed.
3. Once inside the building, ₱50,000.
offender Took personal
property belonging to If offenders do not
another with intent to gain. carry arms and the The same
1. Offender is Inside a value penalty
of the
dwelling house, public property taken does prescribed in the
building, or edifice devoted not exceed ₱50,000 2 next preceding
to religious worship, paragraphs, in its
regardless of the minimum period
circumstances under which
he entered it. If robbery is
I-GBT Mode 2 2. Offender takes personal committed in one of Penalties next
property belonging to the dependencies lower in degree
another, with intent to Gain, of an inhabited than those
under any of the following house, public prescribed in Art.
circumstances: building, or building 299 shall be
a. Breaking of doors, dedicated to imposed.
wardrobes, chests, or religious worship.
any other kind of locked

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or sealed furniture or
receptacle; or
b. Taking such furniture or
objects away to be
broken or forced open
outside the place of the
robbery.

Art. 300 – Robbery in an Uninhabited Place and by a Band

1. Robbery in an inhabited house, public
building or edifice devoted to religious Maximum period of the penalty provided
RBU worship in Art. 299.
2. Committed by a Band; and
3. In an Uninhabited place.
Art. 301 – What is an Inhabited House, Public Building or Building Dedicated to Religious
Worship and their Dependencies [SEE Art. 299 & 301]
Art. 302 – Robbery in an Uninhabited or in a Private Building (as amended by RA 10951)
1. Offender Entered an Uninhabited Circumstance/s
Penalty
place or a building which was not a Present
dwelling house, public building, nor
edifice devoted to religious worship. If the value of the
2. That any of the following property taken
circumstances was present: exceeds ₱50,000, Prisión
a. Entrance was effected through an provided, that any correccional in its
Opening not intended for entrance of the medium and
or egress; or circumstances in maximum periods
b. A wall, roof, floor, or outside door 2(a-f) are present.
or window was Broken; or
c. Entrance was effected through the
When the value of
use of False keys, picklocks or the property taken Penalty next lower
U-OBFaSeR- other similar tools; or
does not exceed in degree.
G d. A door, wardrobe, chest, or any
₱50,000,
Sealed or closed furniture or
provided, that any
receptacle was broken; or
of the
e. A closed or sealed receptacle was
circumstances in
Removed, even if the same be 2(a-f) are present.
broken open elsewhere.
In the cases
3. That with intent to Gain, the offender
specified in
took therefrom personal property Penalties next
Articles 294, 295,
belonging to another. higher in degree
297, 299, 300,
than those
and 302 of this
provided in said
Code, when the
articles.
property taken is
mail matter or
large cattle.
Art. 303 – Robbery of Cereals, Fruits, or Firewood in an uninhabited place or private building
In the cases enumerated in Articles 299
and 302, when the robbery consists in
Penalty next lower in degree than that
299 & 302 the taking of:
prescribed in said articles (Arts. 299 and
(CFF) 1. Cereals;
302).
2. Fruits;
3. or Firewood.

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Art. 304 – Possession of Picklocks or Similar Tools

Circumstance
Penalty
Present
Arresto
mayor maximum
to prision
1. Offender posseses Picklocks or
correccional
similar tools; Offender is in
minimum.
2. Such picklock or similar tools are possession
especially adopted to the commission without lawful
PRN Note: Same
of Robbery; and cause
penalty shall be
3. Offender does Not have lawful cause
imposed upon any
for such possession.
person who shall
make such tools.
If the offender is a Prision
locksmith correccional in its
medium and
maximum periods.
Art. 305 – False Keys
False Keys include:
1. Tools mentioned in Art. 304
(picklocks or other similar tools)
304-GO 2. Genuine keys stolen from the owner. N/A
3. Any keys Other than those intended
by the owner for use in the lock
forcibly opened by the offender.
CHAPTER TWO: Brigandage
Art 306 - Brigandage
Circumstance
Penalty
Present

No Qualifying Act Prision mayor

medium to
1. There be at least 4 armed persons reclusion temporal
2. They formed a Band of robbers minimum period
3. Purpose of formation is to:
a. Commit Robbery in the highway; Note: If the act/s
or committed by them
4B-RKV b. Kidnap for the purpose of are punishable by
extortion or to obtain ransom; or higher penalties,
c. Attain by means of force and they shall suffer
Violence any other purpose. such high
penalties.
If any of the arms
carried by any of Penalty shall be
said persons be imposed in the
an unlicensed maximum period.
firearm.
Art 307 – Aiding and Abetting a Band of Brigands
1. There is a Band of brigands; Prision correccional medium to prision
BK-AIA 2. Offender Knows the band to be of mayor minimum.
brigands; and

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3. Offender does any of the following

acts:
a. In any manner Aids, abets or
protects such band of brigands;
or
b. Gives them Information of the
movements of the police or other
peace officers; or
c. Acquires or receives the property
taken by such brigands.
CHAPTER THREE: Theft
ART 308 – Theft & ART 309 - Penalties For Theft (as amended by RA 10951)
1. Offender takes the take Penalty
Personal property of As to the Value of (Regardless of
another without the latter’s the Property the Mode of
consent; Commission)
2. Taking was with Intent to
PIW Mode 1
gain;
3. Taking was Without More than
violence against or P1,200,000 but less
intimidation of persons nor than P2,200,000.
force upon things
Note: If the value of
1. Offender found Lost the thing stolen
property; and exceeds the latter
LF Mode 2 2. Fails to deliver the same to amount, the penalty
the local authorities or to its shall be the Prision mayor
owner. maximum period, (minimum and
and one (1) year for medium)
each additional
₱1,000,000.

The total of the

penalty which may
be imposed shall
not exceed twenty
1. Offender maliciously (20) years.
Damaged the property of
another; and
DR Mode 3
2. Removes or makes use of More than Prisión
the fruits or object of the ₱600,000 but less correccional
damage caused by them. than ₱1,200,000. (medium and
maximum)
More than ₱20,000 Prisión
but does not correccional
exceed ₱600,000 (minimum and
medium)
Arresto mayor
More than ₱5,000 (medium) to
but does not prisión
EFAH Mode 4
exceed ₱20,000. correccional
(minimum)

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1. Offender entered an More than ₱500 but

Arresto mayor to
Enclosed estate or a field does not exceed
its full extent
without the consent of its ₱5,000
owner; Does not exceed Arresto mayor in
2. Trespass is Forbidden or ₱500 its (Minimum and
the enclosed estate or field Medium)
belongs to Another; and Arresto menor or
3. Hunt or fish upon the same a fine not
If the theft is
or gather fruits, cereals or exceeding
committed pursuant
other forest or farm ₱20,000
to Mode 4 (hunting
products.
or fishing in an
Exception: If the
enclosed estate
value exceeds
without consent)
₱500, the
and the value of the
provisions the
thing stolen does
preceding
not exceed ₱500.
subdivisions shall
apply.
Not more than ₱500
and the offender
acted under the
impulse of:
1. Hunger, Arresto menor
2. Poverty; or minimum or a fine
3. Difficulty of of not exceeding
earning a ₱5,000
livelihood for the
support of
himself or his
family.
ART 310 – Qualified Theft
Theft is qualified if:
1. Committed by a Domestic servant; or
2. Committed with Grave abuse of
confidence; or
3. If the property stolen consists of:
a. Motor vehicle
b. Mail matter
DoG-
c. Large Cattle Penalties next higher by 2 degrees than
MoMCaCoF-
d. Coconuts taken from the those respectively specified in Art. 309.
Ca
premises of a plantation; or
e. Fish taken from a fishpond or
fishery; or
4. Property is taken on the occasion of
fire, earthquake, typhoon, volcanic
eruption, or any other Calamity,
vehicular accident or civil disturbance.
ART 311 – Theft of the Property of the National Library and National Museum (as amended
by RA 10951)
If property is stolen from the National General Rule: Arresto mayor or a fine
N/A Library or National Museum. ranging from ₱40,000 to ₱100,000, or
both.

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Exception: If a higher penalty is

provided under other provisions of the
RPC, offender shall be punished by
such higher penalty.
CHAPTER FOUR: Usurpation
ART 312 – Occupation of Real Property or Usurpation of Real Rights in Property (as
amended by RA 10951)
1. Offender takes Possession of any real In addition to the penalty incurred for the
property or usurps any real rights in acts of violence executed by him,
property offender shall be punished by a fine
2. Real property or real rights Belong to from 50 to 100 per centum of the gain
another which he shall have obtained, but not
PB-VI
3. Violence against or intimidation of less than ₱15,000.
persons is used by the offender in
occupying real property or usurping Note: If the value of the gain cannot be
real rights in property; and ascertained, a fine from ₱40,000 to
4. There is Intent to gain. ₱100,000 shall be imposed.
ART 313 – Altering Boundaries or Landmarks (as amended by RA 10951)
1. There are Boundary marks or
monuments of towns, provinces, or
Arresto menor or a fine not exceeding
estates, or any other marks intended
BA ₱20,000, or both.
to designate the boundaries of the
same; and
2. Offender Alters said boundary marks.
CHAPTER FIVE: Culpable Insolvency
ART 314 – Fraudulent Insolvency (as amended by RA 10951)
Circumstance
Penalty
Present
1. Offender is a Debtor; If offender is a Prision mayor.
2. His obligations are Due and payable. merchant.
D-DAP 3. He Absconds with his property. If offender is not a Prision
4. It is with Prejudice to his creditors. merchant. correccional
maximum to
prision mayor
medium.
CHAPTER SIX: Swindling and Other Deceits
ART 315 – Swindling or Estafa (as amended by RA 10951)
Estafa in general: Penalties for Acts under Art. 315
1. Accused Defrauded another: (Nos. 1-3) EXCEPT Art. 315(2)(d)
a. by abuse of Confidence, or
As to Value Penalty
b. by means of Deceit; and
2. Damage or prejudice capable of If the amount is
pecuniary estimation is caused to the over ₱2,400,000
offended party or third person. but does not
DC-DD exceed Prisión
Damage or prejudice may consist of: ₱4,400,000. correccional
[MPP] maximum to
1. Offended party being deprived of his Note: If the amount prisión mayor
Money or property as a result of exceeds minimum.
defraudation; ₱4,400,000, the
2. Disturbance in Property rights; or penalty shall be
3. Temporary Prejudice imposed in its

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maximum period,
adding 1 year for
each additional
₱2,000,000.

The total penalty

which may be
imposed shall not
exceed 20 years.
If the amount is Prisión
over ₱1,200,000 correccional
but does not minimum and
exceed medium.
₱2,400,000.
If the amount is Arresto mayor
over ₱40,000 but maximum to
does not exceed prisión
₱1,200,000. correccional
minimum.
If the amount does
Arresto mayor
Estafa with Unfaithfulness not exceed
medium and
1. Offender has an Onerous ₱40,000.
maximum.
obligation to deliver
something of value; Penalties for under Art. 315(2)(d)
2. He Alters its substance,
As to Value Penalty
quantity, or quality; and
3. Damage or prejudice is If the amount is
caused to another. over ₱4,400,000
but does not
OnAD exceed
Reclusion
₱8,800,000.
temporal in its
maximum period.
NOTE: If the
amount exceeds
Estafa with the latter, penalty
Unfaithfulnes shall be reclusion
s or Abuse of perpetua.
Confidence If the amount is Reclusion
Estafa with Abuse of over ₱2,400,000 temporal
Confidence but does not minimum and
1. Money, goods, or other exceed medium.
personal property was ₱4,400,000.
Received by the offender: If the amount is
[TCAO] over ₱1,200,000 Prisión mayor in
RMPD a. In Trust, or but does not its maximum
b. On Commission, or exceed period.
c. For Administration; or ₱2,400,000.
d. Under any Other If the amount is Prisión mayor in
obligation involving the over ₱40,000 but its medium
duty to make delivery of, does not exceed period.
or to return the same; ₱1,200,000.

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2. That there be: [MConD] If the amount does Prisión mayor in

a. Misappropriation; or not exceed its minimum
b. Conversion of such ₱40,000. period.
money or property by
the offender; or
c. Denial on his part of
such receipt;
3. Such misappropriation or
conversion or denial is to
the Prejudice of another;
and
4. There is a Demand made
by the offended party.
Estafa by Taking Undue
Advantage of the Signature
in Blank
1. There is a Blank paper with
the signature of the
B- offended party;
DeW-D 2. Offended party should have
Delivered it to the offender;
3. Document is Written by the
offender, above the
signature of the offended
party, without authority to
do so; and
4. Document so written
creates a liability of, or
causes Damage to, the
offended party or any third
person.
Elements of Estafa by
Means of Deceit:
1. There must be a False
pretense, fraudulent act or
FaPReI fraudulent means;
D 2. Such false pretense,
fraudulent act or fraudulent
means must be made or
executed Prior to or
Estafa by
simultaneously with the
Means of
commission of the fraud.
Deceit
3. Offended party Relied on
the false pretense,
fraudulent act, or fraudulent
means and by reason
thereof, was Induced to part
with his money or property.
4. As a result, offended party
suffered Damage.
SUB-MODES

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Estafa by Using a Fictitious

Name, False Pretenses and
Other Deceits
1. By using fictitious Name; or
NPO 2. By falsely Pretending to
possess: [QPI-PAC-BI]
a. Qualifications,
b. Power,
c. Influence,
d. Property,
e. Agency,
f. Credit,
g. Credit,
h. Business or
i. Imaginary transactions;
or
3. By means of Other similar
deceits.
MODE 2: By Altering the
quality, fineness or weight
A
of anything pertaining to his
art or business.
MODE 3: By pretending to
B have Bribed any
government employee
MODE 4: Estafa by
Postdating a Check or
Issuing a Check in Payment
of an Obligation

1. Offender postdated a
check, or issued a check in
payment of an Obligation;
OF
and
2. 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.
MODE 5: Estafa by
Obtaining Food or
Accommodation at a Hotel,
etc.

FCA Punishable Acts:

1. Obtaining Food,
refreshment or
accommodation at a hotel,
inn, restaurant, boarding
house, lodging house or

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apartment house without

paying therefor, with intent
to defraud the proprietor or
manager thereof;
2. Obtaining Credit at any of
said establishments by the
use of any false pretense;
or
3. Abandoning or
surreptitiously removing
any part of his baggage
from any of said
establishments after
obtaining credit, food,
refreshment or
accommodation therein,
without paying therefor

MODE 1: Estafa by Inducing

Another to Sign Any
Document

1. Offender Induced the

offended party to sign a
ISiP-P document.
2. Deceit was employed to
make him Sign the
document.
3. Offended party Personally
signed the document.
4. Prejudice was caused.
MODE 2: Estafa by
Resorting to Some
Estafa
G Fraudulent Practice to
through
Ensure Success in
Fraudulent
Gambling.
Means
MODE 3: Estafa by
Removing, Concealing or
Destroying Court Records,
Office Files, and other
Documents

1. There are Court record,

CRD
office files, documents or
any other papers.
2. Offender Removed,
concealed or destroyed any
of them.
3. Offender had intent to
Defraud another.

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ART 316 – Other Forms of Swindling

1. Thing is Immovable (e.g.,
parcel of land or building).
2. Offender is not the owner
but Represents himself as
the owner thereof.
3. Offender executed an act of
I-ROP MODE
Ownership (selling,
1
encumbering or mortgaging
the real property).
4. Act was made to the
Prejudice of the owner or a
third person.
1. Thing Disposed is real
property.
2. Offender Knew that the real
property was encumbered,
whether the same was
recorded or not.
MODE 3. There was express
DKRD
2 Representation by the
offender that the real
property is free from
encumbrance; and
Arresto mayor in its minimum and
4. Act of disposing of the real
medium period and a fine of not less
property was made to the
than the value of the damage caused
Damage of another.
and not more than three times such
1. Offender is the Owner of
value.
personal property;
2. Property is in the lawful
Possession of another;
MODE 3. Offender Wrongfully takes
OPWP
3 it from its lawful possessor;
and
4. Prejudice is caused to the
lawful possessor or third
person.
1. Offender Executes a
contract;
EFP MODE
2. Contract is Fictitious; and
4
3. Prejudice is caused
1. Offender Accepts
compensation for services
or labor; and
MODE
AN 2. He did Not render any
5
service or perform any
labor
1. Offender is a Surety in a
bond given in a criminal or
[SGS-WCR]
MODE civil action;
6 2. Surety Guaranteed the
fulfillment of such

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obligation with his real

property or properties;
3. Surety Sells, mortgages,
or, in any other manner
encumbers said real
property; and
4. Such sale, mortgage, or
encumbrance is
a. Without express
authority from the
court; or
b. Made before the
Cancellation of his
bond; or
c. Made before being
Relieved from the
obligation contracted
by him.
ART. 317 – Swindling a Minor
1. Offender takes Advantage of the
inexperience or emotions or feelings
of a minor.
2. Offender Induces such minor to:
[ORT]
a. Assume an Obligation, or
Arresto mayor and a fine of a sum
b. Give Release, or
ranging from 10 to 50% of the value of
AICD c. Execute a Transfer of any
the obligation contracted by the minor.
Property right.
3. That the Consideration is: [LCO]
a. Some Loan of money; or
b. Credit; or
c. Other personal property.
4. Transaction is to the Detriment of such
minor.
ART. 318 – Other Deceits (as amended by RA 10951)
Punishable Acts Penalty
1. Defrauding or damaging another by Arresto mayor and a fine of not less than
any other deceit Not mentioned in the the amount of the damage caused and
preceding articles. not more than twice such amount.
2. Interpreting dreams, by making
NC
forecasts, by telling fortunes, or by
Arresto mayor or a fine not exceeding
taking advantage of the Credulity of
₱40,000.
the public in any other similar
manner, for profit or gain.
CHAPTER SEVEN: Chattel Mortgage
ART. 319 – Removal, Sale or Pledge of Mortgaged Property
Note: Punishable acts under this Article
involve property mortgaged or pledged
under the Chattel Mortgage Law. RA
N/A N/A
11057 or the Personal Property Security
Act has repealed the Chattel Mortgage
Law.

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CHAPTER EIGHT: Arson and Other Crimes Involving Destruction

ART. 320 – 326B (Repealed by PD 1613, as amended by RA 7659)
A person Burns or sets fire to:
1. Property of Another; or
2. His Own property under
Prision Mayor [Sec. 1, PD 1613]
Simple Arson BAO circumstances which
expose to danger the life
or property of another.
[Sec. 1, PD 1613]
Burning of:
1. 1 or more buildings or
edifices, consequent to one
single act of burning, or as
a result of simultaneous
burnings, committed on
several or different
occasions.
2. Any building of public or
private ownership, devoted
to the Public in general or
where people usually
gather or congregate for a
definite purpose (e.g., for
official governmental
function or business,
private transaction,
commerce, trade,
workshop, meetings and
Reclusion perpetua to death [Sec. 10,
conferences), or merely
RA 7659]
incidental to a definite
Destructive 1-P-
purpose (e.g., hotels,
Arson TWEE Note: Only the penalty of reclusion
motels, transient dwellings,
[2-AI] perpetua may be imposed under RA
public conveyances or
9346
stops or terminals),
regardless of:
a. Whether the offender
had knowledge that
there are persons in
said building or edifice
at the time it is set on
fire; or
b. Whether the building is
actually inhabited
3. Any train or locomotive,
ship or vessel, airship or
airplane, devoted to
Transportation or
conveyance, or for public
use, entertainment or
leisure.
4. Any building, factory,
Warehouse installation and
any appurtenances thereto,

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which are devoted to the

service of public utilities.
5. 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. [Art 320, as
amended by Sec. 10 RA
7659]

Additional Acts Considered

as Destructive Arson:
1. When arson is perpetrated
or committed by 2 or more
persons or by a group of
persons, 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.
2. Burning of: [AI]
a. Any Arsenal, shipyard,
storehouse or military
powder or fireworks
factory, ordnance,
storehouse, archives
or general museum of
the Government.
b. Inhabited place,
storehouse or factory
of inflammable or
explosive materials.
[Sec. 10(2), RA 7659]
Burning of any:
1. Building used as Offices of
the government or any of its
agencies;
2. Inhabited house or
dwelling; Reclusion Temporal to Reclusion
Other Acts of O-InIn-
3. Industrial establishment, Perpetua [Sec. 3, PD 1613]
Arson PMR
shipyard, oil well or mine
shaft, platform or tunnel;
4. Plantation, farm,
pastureland, growing crop,
grain field, orchard,
bamboo grove or forest;

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5. Rice, sugar or cane Mill, or

mill central; and
6. Railway or bus station,
airport, wharf or
warehouse.
CHAPTER NINE: Malicious Mischief
ART. 327 – Who are Liable for Malicious Mischief
1. Offender deliberately caused Damage
to the property of another.
2. Such act does Not constitute arson or
DNS other crimes involving destruction. N/A
3. Act of damaging another's property is
committed merely for the Sake of
damaging it.
ART. 328 – Special Cases of Malicious Mischief (as amended by RA 10951)
As to the
Penalty
Punishable Acts: Amount
1. Causing damage to Obstruct the
performance of public functions. If the value of the Prisión
2. Using any Poisonous or corrosive damage caused
correccional in its
substance. exceeds minimum and
3. Spreading any infection or contagion ₱200,000
medium periods
among Cattle; or
OP-CM
4. Causing damage to the property of the
National Museum or National Library, If the value does
or to any archive or registry, not exceed
Arresto mayor
waterworks, road, promenade, or any ₱200,000 but is
other thing used in common by the over ₱40,000
public. If the value does
not exceed Arresto menor
₱40,000
ART. 329 – Other Mischiefs (as amended by RA 10951)
As to the
Penalty
Amount
If the value of the
Arresto mayor in its
damage caused
medium and
exceeds
maximum periods
₱200,000
If the value does
Arresto mayor in its
not exceed
N/A Mischiefs not included in Art. 328. minimum and
₱200,000 but
medium periods.
exceeds ₱40,000
If the value does Arresto menor or a
not exceed fine of not less than
₱40,000 or cannot the value of the
be estimated. damage caused
and not more than
₱40,000.
ART. 330 – Damage and Obstruction to Means of Communication
Damaging any: Prision correccional in its medium and
RTT 1. Railway, maximum periods.
2. Telegraph; or

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3. Telephone line. Exception: if the damage results in any

derailment of cars, collision or other
accident, the penalty of prision mayor
shall be imposed, without prejudice to
the criminal liability of the offender for
the other consequences of his criminal
act.
ART. 331 – Damage and Obstruction to Means of Communication (as amended by RA 10951)
Punishable Act Penalty
Arresto mayor in its medium period to
1. Any person who shall destroy or
prisión correccional in its minimum
damages Statues or any other useful
period.
or ornamental public monument
SP
Arresto menor or a fine not exceeding
2. Any person who shall destroy or
₱40,000, or both such fine and
damage any useful or ornamental
imprisonment, in the discretion of the
Painting of a public nature.
court
CHAPTER TEN: Exemption From Criminal Liability in Crimes Against Property
ART. 332 – Persons Exempt From Criminal Liability
1. Theft,
Crimes
TSM 2. Swindling (estafa),
Exempted
3. Malicious mischief.
1. Spouses;
2. Ascendants and
Descendants, Relatives by
Affinity in the Same line;
3. Widowed Spouse with
respect to property which
belonged to the deceased
spouse before the same
N/A
SADRA passed into the possession
Persons
S-WS- of another
Exempted
BS 4. Brothers and Sisters and
brothers-in-law and sisters-
in-law, if living together.

Note: The exemption

established by this article shall
not be applicable to strangers
participating in the commission
of the crime.

TITLE XI: Crimes Against Chastity

CHAPTER ONE: Adultery and Concubinage
ART. 333 - ADULTERY
Prision correccional in its medium and
1. Woman is Married;
maximum periods
2. She has sexual intercourse with a
man Not her husband;
MaNoK Exception: If the person guilty of adultery
3. As regards the man with whom she
committed this offense while being
has sexual intercourse: he Knows
abandoned without justification by the
that she is married.
offended spouse, the penalty next lower in

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degree than that provided in the next

preceding paragraph shall be imposed.
ART. 334 – Concubinage
1. Man is Married; As to the
Penalty
2. He is either: Offender
a. Keeping a mistress in the
conjugal dwelling; Prision correccional
b. Having Sexual intercourse Husband in its minimum and
MaKeSCoK under scandalous circumstance medium periods
with a woman not his wife; or
c. Cohabiting with her in any other
place; and Concubine Destierro
3. As regards the woman: she Knows
that he is married.
CHAPTER TWO: Rape and Acts of Lasciviousness
ART. 335 – When and How Rape is Committed (Repealed by RA 8353)
ART. 336 – Acts of Lasciviousness
1. Offender commits any Act of
lasciviousness or lewdness;
2. Act is committed against a Person
of either sex; and
3. It is done under any of the ff.
Circumstances:
a. By using Force or intimidation;
or
APeC –
b. When the offended party is Prision correccional
FoDeFraU
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.
CHAPTER THREE: Seduction, Corruption of Minors and White Slave Trade
ART. 337 – Qualified Seduction
1. Offended party is a
Virgin, which is presumed
if she is unmarried and of
good reputation;
2. She is Over 12 and Under
18 yrs. of age; (13-17
Mode Prision correccional in its minimum and
VOUSA years 11 months 29 days)
1 medium periods
3. Offender had Sexual
intercourse with her; and
4. There is Abuse of
authority, confidence, or
relationship on the part of
the offender.
1. Offended party is the
Mode
SiDoSBA Sister or Descendant of Penalty next higher in degree.
2
the offender, regardless

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of the former’s age or

virginity;
2. Offender had Sexual
intercourse with her; and
3. Offender is her Brother
or Ascendant by
consanguinity, whether
legitimate or illegitimate.
ART. 338 – Simple Seduction
1. Offended party is Over 12 and
under 18 years of age;
2. She is of good Reputation, single
or widow;
ORSeD Arresto mayor
3. Offender had Sexual intercourse
with her; and
4. It was committed by means of
Deceit.
ART. 339 – Acts of Lasciviousness With The Consent Of The Offended Party
1. Offender commits acts of
Lasciviousness or lewdness;
2. Acts are committed upon a woman
who is a virgin or single or widow of
good reputation, Under 18 yrs. of
Arresto mayor
LUA age but over 12 yrs., or a sister or
descendant, regardless of her
reputation or age; and
3. Offender Accomplishes the acts by
abuse of authority, confidence,
relationship, or deceit.
ART. 340 – Corruption of Minors (AS AMENDED BY BP BLG. 92)
Prision mayor

Exception: If the culprit is a public officer

Punishable Act: Promoting or facilitating the
or employee, including those in
prostitution or corruption of persons underage (below
government-owned or controlled
18 years old) to satisfy the lust of another.
corporations, he shall also suffer the
penalty of temporary absolute
disqualification
ART. 341 – White Slave Trade
Punishable Acts:
1. Engaging in Business of
prostitution Prision mayor in its medium and maximum
BuPS
2. Profiting by prostitution period
3. Enlisting the Services of women
for the purpose of prostitution.
CHAPTER FOUR: Abduction
ART. 342 – Forcible Abduction
1. Person abducted is any Woman, Reclusion temporal
regardless of her age, civil status
WAL or reputation; Note: The same penalty shall be imposed in
2. Abduction is Against her will; and every case, if the female abducted be under
3. Abduction is with Lewd designs. twelve years of age.

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ART. 343 - Consented Abduction

1. Offended party is a Virgin;
2. She is Over 12 and under 18 yrs.
of age;
Prision correccional in its minimum and
VOCoL 3. Offender takes her away with her
medium periods
Consent, after solicitation or
cajolery from the offender;
4. Taking away is with Lewd designs.

TITLE XII: Crimes Against The Civil Status Of Persons

CHAPTER I: Simulation of Births and Usurpation Of Civil Status
ART 347 – Simulation of Births, Substitution of One Child for Another and
Concealment or Abandonment of a Legitimate Child
1. Woman Pretends to be pregnant
2. She is Not actually pregnant
Prision Mayor and a fine not
PNT Mode 1 3. She Takes another child as her
exceeding P1,000
own on the day of supposed
delivery
Note: Any physician or
1. A child of a couple is Exchanged
surgeon or public officer
with a child of another couple/ A
who, in violation of the duties
living child is placed in place of
of his profession or office,
EW Mode 2 another woman’s dead child
shall cooperate in the
2. The exchange is Without the
execution of any of the
knowledge of the respective
crimes mentioned, shall
parents
suffer the penalties therein
1. The child is Legitimate
prescribed and temporary
2. Offender conceals or Abandons
special disqualification.
LAI Mode 3 such child
3. Offender has the Intent to cause
such child to lose its civil status
ART 348 – Usurpation of Civil Status
If the
purpose is
to defraud
1. A person Represents himself to be another the Prision mayor
2. He Assumes the filiation or the parental or offended
RAE conjugal rights of such another person; and party or his
3. There is intent to Enjoy the rights arising from the heirs
civil status of another If the Prision
purpose is correccional
not to medium and
defraud maximum
CHAPTER TWO: Illegal Marriages
ART 349 - Bigamy
1. Offender has been Legally married;
2. Marriage has Not been legally dissolved or, in
case his or her spouse is absent, the absent
LeNSEs spouse could not yet be presumed dead Prision mayor
according to Civil Code
3. Offender contracts a Second or subsequent
marriage

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4. The second or subsequent marriage has all the

Essential requisites for validity.
ART 350 – Marriage Contracted Against Provisions Of Laws
Prision correccional in its
1. Offender Contracted marriage; and medium and maximum
2. He Knew at the time that: periods
a. Requirements of the law were Not complied
CK-ND
with; or Exception: If there is
b. Marriage was in Disregard of a legal violence, intimidation, or
impediment. fraud, the maximum period
shall be imposed
ART. 351 – Premature Marriage (Repealed by RA 10655)
ART 352 – Performance of an Illegal Marriage Ceremony
1. Offender is Authorized to Punished in accordance with
solemnize marriages the provisions of the
AP 2. He Performs or Marriage Law.
authorizes any illegal
marriage ceremony

TITLE XIII: Crimes Against Honor

CHAPTER ONE: Libel (Art. 353-362)
SECTION ONE: Definitions, Forms, and Punishment of this Crime
ART. 353 – Libel
1. That there must be an Imputation of
a crime, or of a vice or defect, real or
imaginary, or any act, omission,
status or circumstance;

Imputation covers: [CVA]

a. Crime allegedly committed by
offended party;
b. Vice or defect, real or imaginary of
offended party; or
c. Any Act, omission, condition,
IPMaD-DDC status of, or circumstance relating N/A
to the offended party.

2. Imputation was made Publicly;

3. Imputation was Malicious.
4. Imputation was Directed to: [NJD]
a. Natural; or
b. Juridical person; or
c. One who is Dead.
5. Imputation tends to cause Dishonor,
Discredit or Contempt of the person
defamed.
ART. 354 – Requirement of Publicity [SEE Art. 354]
ART. 355 – Libel by Means of Writings or Similar Means (as amended by RA 10951)
Libel is Committed by Means of:
Prisión correccional in its minimum and
WET-CAP- 1. Writing;
medium periods or a fine ranging from
PPLR 2. Engraving;
₱40,000 to ₱1,200,000, or both, in
3. Theatrical exhibition;

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4. Cinematographic exhibition; addition to the civil action which may be

5. Any similar means; brought by the offended party
6. Printing;
7. Phonograph;
8. Painting;
9. Lithography; or
10. Radio
ART. 356 – Threatening to Publish and Offer to Prevent such
Publication for a Compensation (as amended by RA 10951)
Punishable Acts:
1. Threatening another to publish a libel
concerning him, or his parents,
Arresto mayor or a fine from ₱40,000 to
spouse, child, or other members of his
TP ₱400,000, or both
family; or
2. Offering to Prevent the publication of
such libel for compensation, or money
consideration.
ART. 357 – Prohibited Publication of Acts referred to In the Course of Official Proceedings
(as amended by RA 10951)
1. Offender is a:
a. Reporter;
b. Editor; or
c. Manager of a newspaper daily or
REMPO Arresto mayor or a fine ₱40,000 to
magazine.
₱200,000, or both
2. He publishes facts connected with the
Private life of another; and
3. Such facts are Offensive to the honor,
virtue and reputation of said person.
ART. 358 – Slander (as amended by RA 10951)
Libel committed by oral or speaking of Arresto mayor in its maximum period to
base and defamatory words which tend prisión correccional in its minimum
to prejudice another in his reputation, period if it is of a serious and insulting
N/A
office, trade, business or means of nature; otherwise, the penalty shall be
livelihood. [Villanueva vs. People, G.R. arresto menor or a fine not exceeding
No. 150351, (2006)] ₱20,000.
ART. 359 – Slander by deed (as amended by RA 10951)
1. Offender performs any act Not Arresto mayor maximum period to
included in any other crime against prisión correccional in its minimum
honor; period or a fine ranging from ₱20,000 to
2. Such act is performed in the Presence ₱100,000
NP-DDC
of other person or persons; and
3. Such act casts Dishonor, Discredit or Exception: If said act is not of a serious
Contempt upon the offended party. nature, the penalty shall be arresto
menor or a fine not exceeding ₱20,000
SECTION TWO: General Provisions
ART. 360 – Persons Responsible for Libel
1. Person who Publishes, exhibits or
causes the publication or exhibition of
any defamation in writing or similar
PEMO N/A
means.
2. Author or Editor of a book or
pamphlet.

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3. Editor or business Manager of a daily

newspaper, magazine or serial
publication.
4. Owner of the printing plant which
publishes a libelous article with his
consent and all other persons who in
any way participate in or have
connection with its publication.
ART. 361 – Proof of the Truth
Proof of Truth is admissible in any of
the following instances:
1. When the act or omission imputed
constitutes a Crime, regardless of
whether the offended party is a private
individual or a public officer.
CG N/A
2. When the offended party is a
Government employee, even if the act
or omission imputed does not
constitute a crime, provided, it is
related to the discharge of his official
duties. [Reyes, Book Two]
ART. 362 – Libelous Remarks [SEE Art. 362]
CHAPTER TWO: Incriminatory Machinations (Art. 363-364)
ART. 363 –Incriminating Innocent Persons
1. Offender Performs an act;
2. By such act he directly Incriminates or
PIIN imputes to an Innocent person the Arresto menor
commission of a crime; and
3. Such act does Not constitute perjury.
ART. 364 – Intriguing Against Honor (as amended by RA 10951)
1. Offender makes an Intrigue; and
Arresto menor or fine not exceeding
2. Principal purpose of such intrigue is
IB ₱20,000
Blemishing the honor or reputation of
another

TITLE XIV: Quasi-Offenses

SOLE CHAPTER: Criminal Negligence
ART. 365 – Criminal Negligence (as amended by RA 10951)
Circumstance
1. Committing through Reckless Act Penalty
Present
imprudence any act which, had it been If it would Arresto mayor
intentional, would constitute a grave have maximum to
or less grave felony or light felony. constituted a prisión
2. Committing through Simple grave felony correccional
imprudence or negligence an act medium
RSPF which would otherwise constitute a
ACT If it would Arresto mayor
grave or a less serious felony.
1 have minimum and
3. Causing damage to the Property of
another through reckless imprudence constituted a medium
or simple imprudence or negligence. less grave periods
4. Causing through simple imprudence felony
or negligence some wrong which, if If it would Arresto menor
have in its

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done maliciously, would have constituted a maximum

constituted a light Felony. light felony period
If it would Arresto mayor
constitute a in its medium
grave felony and maximum
periods
ACT
If it would Arresto mayor
2
have in its minimum
constituted period shall be
less serious imposed
felony
Fine ranging from an amount
equal to the value of said
ACT
damages to 3 times such value,
3
but which shall in no case be
less than ₱5,000
ACT A fine not exceeding ₱40,000
4 and censure
NOTE
In the imposition of said penalties, the
court shall exercise their sound
discretion, without regard to the rules
prescribed in Article 64.

If the offender fails to lend on the spot,

to the injured parties, such help as may
be in his hands to give - the penalty next
higher in degree to those provided in
this article shall be imposed.

This article shall not be applicable:

1. When the penalty provided for the
offense is equal to or lower than
those provided in the first 2
paragraphs of this article - the court
shall impose the penalty next lower
in degree than that which should be
imposed in the period which they
may deem proper to apply.
2. When, by imprudence or negligence
and with violation of the Automobile
Law, the death of a person shall be
caused - defendant shall be
punished by prisión correccional in
its medium and maximum periods.

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