Felonies Table

Criminal Law 2 Reviewer 1
CRIMINAL LAW 2 REVIEWER

TABLE OF FELONIES
TITLE I: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

This Title punishes certain acts committed during wartime or peacetime which endanger the very existence of the State.
ARTICLE FELONY DEFINITION ELEMENTS NOTES

114 TREASON Treason is a breach of allegiance 1. offender is a Filipino citizen  treason is a war crime
to a government, committed by a or a resident alien  levying war must involve
person who owes allegiance to it. 2. war in which the Philippines (1) actual assembling of
is involved men, (2) purpose of
3. offender either: executing a treasonable
a. levies war against the design by force
Government  levying war must be in
b. adheres to the enemies, collaboration with a foreign
giving them aid and enemy
comfort  aid or comfort must consist
of deeds or physical
activity, not mental
allegiance
 treason may not be
complexed with other
crimes
 treason is a continuous
offense
 two-witness rule/
admission in open court
provides adequate proof of
treason
 defense of duress or
uncontrollable fear may be
sufficient

Patrick Alcantara (UP Law E2015)
115 CONSPIRACY/PROPOSAL  Conspiracy to commit cf. elements of treason, esp. (3)  two-witness rules DOES
TO COMMIT TREASON treason happens when 2 NOT APPLY to
or more persons agree to conspiracy/proposal to
levy war against the commit treason
Government, or to give
aid/comfort to her
enemies.
 Proposal happens when a

person who has decided
to commit treason
suggests its commission
to another.
116 MISPRISION OF TREASON Misprision is knowingly 1. offender owes allegiance to  offender in misprision is
concealing/non-disclosure of a the Government, not a punished as an accessory to
plot of treason to established foreigner treason
authorities. 2. he has knowledge of a  the offender is also
conspiracy of treason punished as principal in the
3. he conceals/does not felony of misprision
disclose such conspiracy
117 ESPIONAGE Espionage is gathering, 1. entering a military  Commonwealth Act No.
transmitting or losing establishment without 616 also punishes other acts
information respecting national authority of espionage: (1) unlawful
defense to the injury of the a. offender enters obtaining/permission to
Philippines. b. no authority obtain information, (2)
c. purpose to obtain unlawful disclosure of
information relative to information, (3) disloyal
national defense acts/words in times of
2. disclosing to a peace, (4) disloyal
representative of a foreign acts/words in times of war,
nation (5) conspiracy to violation,
a. offender is a public officer (6) harboring/concealing

b. possession of information violators of the law

c. disclosure of information
118 INCITING TO WAR/ Inciting to war is provocation for 1. offender performs  intention is immaterial
GIVING MOTIVES TO hostile action by another nation. unlawful or  committed during
REPRISALS unauthorized acts peacetime
2. such acts provoke or give  higher penalties for public
occasion to war or expose officers or employees
Filipinos to reprisals
119 VIOLATION OF One defies the country’s intention 1. war in which the  a competent authority must
NEUTRALITY not to take part in a contest of Philippines is NOT issue such regulation
arms by two opposing countries. involved
2. regulation pertaining to
neutrality
3. offender violates such
regulation
120 CORRESPONDENCE W/ This is a wartime offense where 1. war in which the  correspondence means
HOSTILE COUNTRY an offender communicates with a Philippines is involved letters
hostile country through letters 2. offender makes  even if correspondence
and other signs. correspondence with an contains innocent matters,
enemy country or territory as long as it prohibited, it is
occupied by enemy troops punishable under Art. 120
3. correspondence
a. prohibited by
Government
b. carried by ciphers or
signs
c. containing notice/
information which
might be useful to
enemy
121 FLIGHT TO ENEMY This is a wartime offense where 1. war in which the  mere attempt consummates
COUNTRY an offender flees from the Philippines is involved the crime

Philippines to a nation at war 2. offender owes allegiance to

against her. the Philippines
3. offender attempts to flee or
go to enemy country
4. going to enemy country is
prohibited
122 PIRACY/MUTINY IN THE This is an attack on a vessel in the 1. vessel is on the high seas or  piracy and mutiny may be
HIGH SEAS high seas. Philippine waters considered acts of terrorism
2. offenders are NOT under RA 9372
members of crew or
passengers
3. offenders (a) attack the
vessel, (b) seize the
whole/part of its cargo
123 QUALIFIED PIRACY This is piracy attended by 1. seizing a vessel through  PD 532 includes piracy in
qualifying circumstances, which boarding/firing upon it Philippine waters
results to a higher penalty. 2. abandoning victims without  punished as a special
means to save themselves complex crime
3. crime is accompanied by  RA 6235 punishes hijacking
murder, homicide, physical of a plane
injuries or rape
TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

This Title punishes crimes that infringe upon constitutionally guaranteed rights of individuals.

124 ARBITRARY DETENTION Arbitrary detention is confining a 1. offender is an officer or  lack of legal ground occurs
person without any legal ground. public employee when (1) victim has not
2. detention of a person committed any crime, (2)
3. detention without legal victim is not suffering from

grounds violent insanity/ailment

 arrest without warrant is
the usual cause of arbitrary
detention
 a warrantless arrest only
becomes legal: (1) actual
commission of the offense,
(2) offense has just been
committed and there is
probable cause, (3) arrest of
an escaped prisoner
 arbitrary detention may be
committed through
imprudence
125 DELAY IN DELIVERY OF This crime consists of not 1. offender is a public officer  if offender is a private
DETAINED PERSONS immediately delivering a or employee person, the crime is illegal
detained person to a proper 2. he has detained a person for detention
judicial authority. a legal ground  does not apply to an arrest
3. failure to deliver such by virtue of a warrant
person within: (1) 12 hours,  duty of detaining officer is
light felonies, (2) 24 hours, complied with filing of
less grave felonies, (3) 36 complaint with judicial
hours, grave felonies authority
 suspected terrorists are not
covered by Art. 125
pursuant to RA 9372
126 DELAYING RELEASE Delaying release includes 1. offender is a public officer  wardens/jailers are public
delaying the performance of a or employee officers most likely to
judicial/executive order for 2. judicial/executive order for violate Art. 126
release, unduly delaying service the release of a prisoner
of notice, or unduly delaying the 3. offender, without good
proceedings for a petition for reason, delays such release

release. (cf. definition of the felony)
127 EXPULSION This crime consists of expelling a 1. offender is a public officer  only a court by final
person from the Philippines or or employee judgment can order a
forcing him to change his 2. expulsion of a person from person to change his
residence. the Philippines/compelling residence (ie. ejectment
him to change residence proceedings, expropriation,
3. NO authority by law destierro)
128 VIOLATION OF This crime consists of entering a 1. offender is a public officer  qualifying circumstances
DOMICILE dwelling against the will of the or employee include (1) nighttime or (2)
owner, searching papers/effects 2. he is NOT authorized by not returning the
without consent, refusing to leave judicial order to enter papers/effects not
the premises after having being dwelling and/or to make a constituting evidence of a
required to. search crime
129 SEARCH WARRANTS The crime consists of procuring a 1. procuring a search warrant  search warrant: an order in
MALICIOUSLY search warrant without cause or without just cause: (1) writing issued in the name
OBTAINED, ABUSE IN exceeding one’s authority or offender is a public officer of the People of the
SERVICE OF THOSE using unnecessary severity in or employee, (2) he Philippines, signed by a
LEGALLY OBTAINED executing a search warrant. procures a search warrant, judge, and directed to a
(3) there is no just cause peace officer
 search must be done in the
OR
presence of 2 witnesses
 a receipt of the property
2. exceeding authority/
seized is required
unnecessary severity: (1)
offender is a public officer,
or employee, (2) legal
procurement of a search
warrant, (3) exceeding one’s
authority or use of
unnecessary severity in
executing the same

130 SEARCHING DOMICILE This crime consists of a proper 1. offender is a public officer  search without warrant
WITHOUT WITNESSES search done without the person or employee under the Tariff and
being searched, his family or 2 2. he is armed with a search Customs Code does NOT
witnesses in the same locality. warrant legally procured INCLUDE a dwelling house
3. he searches the domicile,
papers and belongings of
any person
4. owner, any member of his
family or 2 witnesses
residing in the same
locality are not present
131 PROHIBITION, This is an infringement of the 1. offender is a public  private individuals cannot
INTERRUPTION AND constitutional right to assembly. officer or employee commit this crime; private
DISSOLUTION OF 2. he performs any of the individuals will be charged
PEACEFUL MEETINGS acts: prohibiting, with disturbance of public
interrupting or order in Art. 153
dissolving peaceful  right to a peaceful meeting
meetings NOT absolute, may be
regulated
 offender must be a stranger
and NOT a participant to
the meeting
132 INTERRUPTION OF This crime consists of 1. offender is a public  violence/threats qualify the
RELIGIOUS WORSHIP preventing/disturbing the officer or employee offense
ceremonies of any religion. 2. religious ceremonies or  reading of the Bible and
manifestations are about attacking certain churches
to take place or are going is NOT a religious
on ceremony
3. offender prevents or
disturbs the same
133 OFFENDING THE This crime consists of acts that 1. acts were performed (1)  to be notoriously offensive
RELIGIOUS FEELINGS are notoriously offensive to the in a place devoted to means to ridicule, mock,
feelings of the faithful. religious worship or (2) scoff or damage an object of

during the celebration of religious veneration
a religious ceremony  offense to feelings is judged
2. acts must be notoriously from the complainant’s
offensive to the feelings point of view
of the faithful
TITLE III: CRIMES AGAINST PUBLIC ORDER

This Title punishes crimes that defy the lawful acts of the duly-constituted authorities.

134 REBELLION OR Rebellion is a crime of multitude 1. there must be (a) public  actual clash of arms NOT
INSURRECTION involving masses of men. uprising, or (b) taking arms necessary
against the Government  purpose of rebellion must
2. purpose of the uprising: (a) be shown
remove allegiance to  NOT necessary that
Government or its laws, (b) purpose be accomplished
to deprive the Chief  giving aid/comfort is NOT
Executive or Congress, punishable
wholly or partially, of any  rebellion cannot be
of their powers or complexed with murder
prerogatives and other common crimes
 acts committed in
furtherance of rebellion are
absorbed in the charge
 politically-motivated
murders are charged with
rebellion
134-A COUP D’ ETAT A coup d’ etat is a swift attack 1. offender belongs to the  coup d’ etat may be
against duly constituted military or police or holding punishable as terrorism
authorities with the aim to seize any public office or under RA 9372
or diminish state power. employment  a public officer must take
2. a swift attack accompanied active part in order to be

by violence, intimidation, liable
threat, strategy or stealth  when leaders are unknown,
3. attack is directed against person/s who directed the
duly constituted authorities coup d’ etat are punished as
or any military leaders
camp/installation, or any
facility for the exercise and
continued possession of
power
4. purpose of the attack is to
seize or diminish state
power
136 CONSPIRACY AND cf. Art. 8, RPC. cf. elements of Art. 134 and 134-  mere agreement/proposal
PROPOSAL TO COMMIT A to commit rebellion or
COUP D’ ETAT, similar acts are already
REBELLION OR punishable by law
INSURRECTION  organizing soldiers,
soliciting membership and
funds show conspiracy
137 DISLOYALTY OF PUBLIC This crime punishes acts of public 1. offender is a public officer  offender must NOT be in
OFFICERS/EMPLOYEES officers/employees in times of or employee conspiracy with the rebels
rebellion. 2. he performs an act of
disloyalty: (1) failing to
resist a rebellion by all
means in their power, (2)
continuing to discharge
duties of their office under
the control of the rebels, (3)
accepting appointment to
office by the rebels

138 INCITING TO REBELLION This crime consists of inducing 1. offender does not take arms  inciting to rebellion does
OR INSURRECTION another to rebellion or or is not in open hostility not require decision to
insurrection publicly. against the Government commit rebellion
2. he incites another to the  inciting to rebellion is a
execution of acts of PUBLIC act
rebellion  rebellion must NOT be
3. inciting is done by means of committed by persons
speeches, proclamations, induced; otherwise, one
etc. becomes a principal by
inducement
139 SEDITION Sedition is the raising of 1. offenders rise (1) publicly  sedition is differentiated
commotions or disturbances in and (2) tumultuously from rebellion by the
the State, with an object of 2. they employ force, object or purpose of the
violating the public peace. intimidation or other means uprising
outside of legal methods  sedition is committed by
3. offenders employ any of the persons (3 or more
following means: (1) persons)
prevent promulgation or  a public uprising and an
execution of any object of sedition must
law/election (2) prevent concur
exercise of function, (3) act  common crimes are NOT
of hate/revenge upon a absorbed in sedition
public officer, (4) act of
hate/revenge upon private
person or social class, (5)
despoliation for political or
social end
141 CONSPIRACY TO This crime consists of an cf. Art 139, RPC for sedition  NO proposal to commit
COMMIT SEDITION agreement and decision to rise sedition
publicly and tumultuously.
142 INCITING TO SEDITION This crime consists of inducing 1. offender does not take part  uttering seditious words
persons to commit acts of in the crime of sedition or speeches is punishable
sedition. 2. he incites others to the by Art. 142

accomplishment of  scurrilous libels against
seditious acts the government also
3. inciting is done by means punishable
of speeches, proclamations,  tests on seditious words:
etc. (1) clear and present
danger rule, (2)
dangerous tendency rule
143 ACTS TENDING TO This crime consists of acts that 1. projected/actual meeting  preventing a legislative
PREVENT THE MEETING seek to stop legislative meetings. of a legislative body meeting when its defect is
OF THE NATIONAL 2. prevention by force or not manifest and requires
ASSEMBLY fraud an investigation is still
liable under Art. 143
144 DISTURBANCE OF This crime consists of disruptions 1. there is a meeting of a  it must be a meeting of a
PROCEEDINGS to legislative meetings. legislative body legislative body,
2. offender does the provincial board, city or
following acts: (1) municipal council
disturbs any of such  the complaint must be
meetings, (2) behaves in a filed by a member of the
manner that interrupts legislative body
the proceedings or  one who disturbs the
impairs the respect due it proceedings of the
National Assembly may
also be liable for
contempt
145 VIOLATION OF This crime consists of employing 1. offender uses force,  parliamentary immunity
PARLIAMENTARY force, intimidation, threats or intimidation, threats or does not protect National
IMMUNITY frauds to prevent a member of fraud Assembly members from
the National Assembly from 2. purpose of the offender is their own responsibility
assuming his tasks. to prevent any member  under the 1987
of the National Assembly Constitution, members of
from: (1) attending Congress are exempt
meetings, (2) expressing from arrest for a crime

his opinions, (3) casting punishable by less than 6
his vote years imprisonment
146 ILLEGAL ASSEMBLIES Illegal assemblies are meetings 1. offender is a leader,  persons present in the
where (1) armed persons attend organizer or person first form of illegal
for the purpose of committing a present at the meeting assembly must be
crime, (2) armed/unarmed 2. meeting is either (1) ARMED
persons are incited to treason, attended by armed  supra, but NOT all
rebellion or insurrection, sedition persons for the purpose persons must be armed
or assault. of committing a crime, (2)  unarmed persons are
attended by still liable nonetheless
armed/unarmed by  arms include bolos and
persons incited to knives
treason, rebellion or  gathering that is in a
insurrection, sedition or fixed place or moving is
assault considered a “meeting”
147 ILLEGAL ASSOCIATIONS Illegal associations are groups 1. offender must be a  in illegal associations, a
totally or partially organized for founder, leader or meeting is NOT
(1) commiting crimes or, (2) member of the necessary
purposes contrary to public association  the mere act of forming
morals. 2. the association is totally the said association is
or partially organized for punishable by law
(1) committing crimes, or
(2) purposes contrary to
public morals
148 DIRECT ASSAULTS Direct assaults are crimes having FIRST FORM OF DIRECT  “attack” includes any
two forms: (1) without public ASSAULT: offensive/antagonistic
uprising, employing force and 1. offender employs force or movement
intimidation for the attainment of intimidation  force must be of a
purposes of rebellion and 2. aim to attain any of the serious character

sedition, (2) without public purposes of rebellion or  nonetheless, if the

uprising, attacking, employing sedition offended party is a PIA,
force, seriously intimidation or 3. NO public uprising force need not be serious
seriously resisting any person in  intimidation/resistance
authority (PIA) or any of his SECOND FORM OF DIRECT
must be serious and
agents ASSAULT:
active
1. offender (a) makes an
 intimidation must
attack, (b) employs force,
produce immediate
(c) makes a serious
effects
intimidation, or (d)
 a PIA must be directly
makes a serious
vested with jurisdiction
resistance
(the powers and duties
2. person assaulted is a
are determined)
person in authority or his
 PIAs include division
agent
superintendents,
3. at the time of the assault,
teachers and lawyers
person in
 an agent of a PIA is
authority/agent (a) is
charged with
engaged in actual
maintenance of public
performance of duty, or
order
he is assaulted (b) by
 agents include
reason of past
policemen, municipal
performance of duty
treasurers, postmasters,
4. offender knows that the
sheriffs, BIR agents,
person has authority
Malacanang agents,
5. no public uprising
barangay chief tanods
QUALIFYING  function of a PIA/agent
CIRCUMSTANCES: must be shown in the
1. assault is committed by a information
weapon  even if agent of PIA
2. offender is a public agrees to fight, crime still
officer/employee constitutes direct assault
3. offender lays hands on a  self-defense is valid if

PIA PIA/agent unlawfully
provokes a person (cf.
Art 11, RPC)
 if both offender and
offended party are
PIA/agents, the crime is
qualified
 knowledge of the
accused that the
offended party is a
PIA/agent is
ESSENTIAL
 information must allege
such knowledge
 disregard of respect on
account of rank (cf. Art
14, RPC) inherent in
direct assault
 when PIA/agent is not
on performance of duty
when attacked, evidence
of motive becomes
necessary
 direct assault may be
complexed with murder,
homicide or serious
physical injuries
 slight physical injuries
are absorbed in direct
assault

149 INDIRECT ASSAULTS Indirect assaults are committed 1. PIA/agent is a victim of  can only be committed
against persons who come to the direct assault in cases of direct assault
aid of an agent/PIA who is 2. person comes into aid of  private persons may be
attacked. PIA/agent victims of indirect
3. offender uses force or assault
intimidation upon such
person
150 DISOBEDIENCE TO THE This crime consists of acts that 1. offender does any of the  any of the acts under
NATIONAL ASSEMBLY defy the National Assembly or acts that defy the Art. 150 may also be
Constitutional Commissions: National Assembly or punished for contempt
1. refusing to obey Constitutional (cf. Arnault v
summons Commissions Nazareno, 87 Phil. 29)
2. refusing to be sworn
3. refusing to answer any
legal inquiry
4. restraining another from
attending as a witness
5. inducing disobedience
151 RESISTANCE AND This is the unwarranted refusal to SERIOUS DISOBEDIENCE:  justified resistance may
DISOBEDIENCE TO comply with the lawful orders of 1. PIA/agent in be invoked in unlawful
PIA/AGENT PIA/agents. performance of duty aggression (cf. Art. 11,
2. offender resists or RPC)
seriously disobeys such  in cases of pickets, these
person must be lawful
3. act of the offender is  orders from the agent
NOT included in Arts. must be lawful
148-150
SIMPLE DISOBEDIENCE:
1. agent is in the
performance of duty
2. offender disobeys such
agent
3. disobedience is NOT of a
serious nature
153 TUMULTS This crime may consist of any of 1. offender does any of the  “serious disturbance”
the following acts: acts in the definition must be planned or
1. serious disturbances in intended
any public place, office or  this felony applies to
establishment disturbing a religious
2. interrupting/disturbing ceremony done by
peaceful meetings private persons, or by
3. making any outcry a public officer who
tending to incite rebellion ATTENDS the
or sedition ceremony
4. displaying placards or  outcry must NOT be
emblems which disturb intentionally aimed to
the public order incite sedition;
5. burying with pomp the otherwise, Art. 142
body of a legally must be charged
executed person  a “tumultuous” (3 or
more persons)
disturbance qualifies
the offense
154 UNLAWFUL USE OF This crime may consists of any of 1. offender does any of the  actual public disorder
MEANS OF the following acts: acts in the definition or damage to the State
PUBLICATION, 1. false news which NOT necessary
UNLAWFUL endangers public order,  the offender must
UTTERANCES damages interest/credit know that the news is
of the State false
2. encouraging  RA 248 penalizes
disobedience to the law reprinting government
3. malicious publishing of publications without

official documents previous authority
without proper authority
4. anonymous publication
155 ALARMS AND This crime may include any of 1. offender does any of the  discharge of
SCANDALS the following acts: acts in the definition firecrackers or rockets
1. discharging a firearm or during festive
any explosive occasions not
2. instigating or taking part penalized
in charivari  charivari is defined by
3. disturbing public peace a medley of discordant
at night voices
4. disturbance/scandal in
public places while
intoxicated
156 DELIVERING PRISONERS This crime consists of helping 1. person confined in jail  includes detention
FROM JAIL prisoners escape from detention. 2. offender removes such prisoners
person from confinement  hospital/asylum
considered as
extension of jail
 violence, intimidation
bribery, employing
deceit NOT necessary
157 EVASION OF SERVICE OF This crime consists of avoiding 1. offender convicted by  not applicable to
SENTENCE the service of imprisonment. final judgment sentence executed by
2. sentence consists of deportation
deprivation of liberty  applicable to destierro
3. escaping during the term  qualified by: (1)
of sentence unlawful entry, (2)
breaking doors,
windows, gates, walls,
roofs and floors, (3)
using picklocks, false

keys, disguise, deceit,
violence or
intimidation, (4)
connivance with other
convicts or employees
158 EVASION DURING This crime is similar to the 1. offender convicted by  convict must leave the
DISORDERS previous Article, but done during final judgment penal institution
times of calamity 2. disorder such as (1)  increased penalties
conflagration, (2) (not exceeding 6m) for
earthquake, (3) explosion, convicts who fail to
(4) catastrophe, (5) return
mutiny in which he did  mutiny implies an
NOT participate unlawful resistance or
3. leaving the penal revolt
institution during the
said calamity
4. failure to give himself up
159 OTHER CASES OF This crime consists of an offender 1. offender was a convict  2 penalties: (1) prision
EVASION OF SERVICE OF doing any act contravening the 2. conditional pardon by correccional (PC) if the
SENTENCE terms of his conditional pardon. the Chief Executive penalty remitted < 6y,
3. violation of the (2) unexpired portion
(VIOLATION OF conditions of the pardon if the penalty > 6y
CONDITIONAL PARDON)  violation of
conditional pardon a
DISTINCT crime
 violation of
conditional pardon
NOT a substantive
offense
 conditions extend to
special laws

 offender may be
arrested and jailed
without proper trial
160 QUASI-RECIDIVISM An offender commits another 1. offender convicted by  first crime need NOT
crime during the service of his final judgment be a felony
penalty. 2. commission of a new  new offense need NOT
felony before beginning be of a different
to serve/while serving character
the sentence  different from
reiteracion, because it
means committing
another offense
AFTER serving out the
sentence
 cannot be offset by
ordinary mitigating
circumstances
 offender may be
pardoned at the age 70
years
 only a convict “who is
NOT a habitual
criminal” shall be
pardoned
HUMAN SECURITY ACT OF 2007 (RA 9372)

Acts Punishable as Terrorism
1. Art. 122, Piracy
2. Art. 134, Rebellion/Insurrection
3. Art. 134-A, Coup d’ Etat
4. Art. 248, Murder
5. Art. 267, Kidnapping and Serious Illegal Detention
6. Art. 324, Crimes Involving Destruction, or under

a. PD 1613, Law on Arson
b. RA 6969, Toxic Substances and Nuclear Waste Control Act of 1990
c. RA 5207, Atomic Energy Regulatory and Liability Act of 1968
d. RA 6235, Anti-Hijacking Law
e. PD 532, Anti-Piracy and Anti-Highway Robbery Law of 1974
f. PD 1866, Illegal Possession of Firearms
Notes on RA 9372:
1. Terrorism is the most severely punished crime (40 y imprisonment).
2. Conspiracy to commit terrorism is punishable as a crime.
3. Penalties are imposed upon accomplices (20 y imprisonment) and accessories (10 y 1 d – 12 y imprisonment) to terrorism.
4. Prosecution under RA 9372 is a bar to prosecution of another penal offense.
TITLE IV: CRIMES AGAINST PUBLIC INTEREST

This Title punishes crimes that subvert the integrity of the truth such as forgeries, counterfeiting and perjuries.

161 FORGING GOVERNMENT This crime consists of 1. offender does any of the  the signature of the
SEAL, SIGNATURE AND counterfeiting the symbols of the acts in the definition President must be
STAMP OF THE CHIEF Chief Executive (Great Seal, formed in what
EXECUTIVE signature and presidential appears as an official
stamp). document
162 USING FORGED This crime consists of the 1. symbols were forged by  offender should NOT
SIGNATURE OR utilization of the said another person be the forger
COUNTERFEIT SEAL OR counterfeited symbols. 2. offender knew of the
STAMP counterfeiting or forgery
3. he used the said
counterfeit or forgery
163 MAKING, IMPORTING OR This crime consists of the 1. false or counterfeited  coin: piece of metal
UTTERING FALSE COINS production/use of false coins. coins stamped with certain
2. offender made, imported marks and made

or uttered such coins current at a certain

3. in uttering, there must be value
connivance with the  import: to bring into
counterfeiters or port
importers  utter: pass
counterfeited coins,
includes delivery or
giving away
 former coins
withdrawn from
circulation may be
counterfeited
164 MUTILATION OF COINS This crime consists of destroying 1. offender does any of the  mutilation: taking off
coins, such as (1) mutilating coins acts in the definition part of the metal
with intent to defraud, (2)  coin must be of legal
importing or uttering such tender
mutilated coins.  coins of a foreign
country not included
165 SELLING OF FALSE OR This crime consists of possessing possession of coin:  possession does not
MUTILATED COIN, a mutilated coin with intent to 1. possession require the coin to be
WITHOUT CONNIVANCE utter it. 2. intent to utter legal tender
3. knowledge  constructive
possession included
actually uttering:  possession of
1. actually uttering counterfeiter or
2. knowledge importer is NOT
punished as a separate
offense
 accused must have
knowledge that the
coin is false

166 FORGING TREASURY OR This crime consists of forgeries of 1. offender does any of the  forging: giving the
BANK NOTES OR OTHER obligations and securities issued acts in the definition appearance of a true
DOCUMENTS by the Government or private and genuine document
entities (eg. banks) through (1)  falsification: erasing,
forging/falsification of treasury substituting,
or bank notes, (2) importation of counterfeiting and
the said forgeries, (3) uttering of altering any content
such forgeries.  uttering must be done
with connivance
 treasury/bank notes,
certificates or other
obligations and
securities payable to
bearer may be falsified
 Philippine National
Bank checks are
commercial
documents, not
covered by Art. 166
167 COUNTERFEITING, This crime is similar to Art. 166 1. instrument NOT payable  connivance is NOT
IMPORTING AND but the instrument concerned is to bearer required if the utterer
UTTERING NOT payable to a bearer. These 2. offender forged, is the forger
INSTRUMENTS NOT instruments may include paper imported or uttered such
PAYABLE TO BEARER currency. instrument
3. connivance in uttering
168 ILLEGAL POSSESSION This crime consists of holding a 1. forged treasury/bank  intent to possess is
AND USE OF FALSE false security with intent to use it. note NOT intent to use
TREASURY OR BANK 2. offender knows about  accused must have
NOTES forgery/falsification knowledge of the
3. performance of these forged character of the
acts: (1) using forged or note
falsified instruments, (2)  presumption of
possession for intended possessor as material

use author of the forgery
 burden of proof falls
on the accused
170 FALSIFICATION OF This crime consists of altering 1. bill enacted, approved or  bill, resolution or
LEGISLATIVE documents produced by pending approval ordinance must be
DOCUMENTS lawmaking agencies. 2. offender alters it genuine
3. no proper authority  offender may be any
4. alteration changed person
document’s meaning  act of falsification is
limited to altering
which changes
meaning
 RA 248 punishes
unlawful reproduction
of such documents
171 FALSIFICATION BY This crime consists of 1. offender is a public  taking advantage: (1)
PUBLIC OFFICER counterfeiting or forging officer, employee, notary duty to make, prepare
documents by the class of public, ecclesiastical or intervene in the
persons mentioned in the minister document, (2) falsified
elements. 2. takes advantage of document is in his
official position official custody
3. falsifies a document by  document: (1) written
the following acts: (1) statement that
counterfeiting or establishes rights or
imitating any extinguishes
handwriting, signature or obligations, (2) fact
rubric, (2) causing it to may be proven or
appear that persons have affirmed, (3) legal
participated in a efficacy
proceeding, (3)  falsification may
attributing statements to include alteration or
a person, (4) untruthful intercalation

statements in a narration  documents may be
of facts, (5) altering true simulated or
dates, (6) alteration or fabricated
intercalation in a genuine  counterfeiting: (1)
document, (7) issuing an intent to emulate, (2) 2
authenticated form samples resemble to
where no original exists, each other
(8) intercalating any  imitating/feigning: to
instrument or note give false appearance
4. if an ecclesiastical
minister, falsification
must affect civil status of
persons
172 FALSIFICATION BY This crime consists of other Elements of Art. 172 (1):  kinds of documents:
PRIVATE INDIVIDUALS falsifications committed by 1. offender is a private (1) public – created,
AND USE OF FALSIFIED persons other than what is individual or a public executed or issued by
DOCUMENTS enumerated in the previous officer who did not take a public official in the
article. advantage of his position exigencies of public
2. acts of falsification under service, (2) official –
Art. 171 were done issued by a public
3. public, official or official in the exercise
commercial document of the functions of his
was falsified office, (3) private –
deed/instrument
Elements of Art. 172 (2): executed by a private
1. offender committed any person w/o
acts of falsification, intervention by a
EXCEPT those in Art. 171 notary public, (4)
(7) commercial –
2. committed in a private defined/regulated by
document the Code of Commerce

3. caused damage/intended (ie. letters of

to cause damage exchange/credit,
quedans, cash files,
Elements of Use of Falsified deposit slips, surety
Documents, Art. 172 (2): in a accounts, air way bills)
JUDICIAL proceeding  public writings under
1. knowledge of the Rules of Court: (1)
falsification written official
2. false document is acts/records of the
embraced in Art. 171 Philippines and a
3. introduction in a judicial foreign country, (2)
proceeding documents
acknowledged before
Elements of Use of Falsified a notary public, (3)
Documents, Art. 172 (2): in any public records in the
other transaction Philippines
1. knowledge of  blank forms of official
falsification documents are NOT
2. false document is documents
embraced in Art. 171  possessor of a falsified
3. use of document certificate of title
4. caused damage/intent to presumed to be the
cause damage author of said
falsification
 lack of
malice/criminal intent
a valid defense
 in Art. 172 (2), damage
need not be material
 jurisdiction lies where
falsification occurred
 falsification may be
complexed with other

crimes
 NO complex crime of
estafa through
falsification of private
document
 falsification may
happen through
reckless imprudence
 NO attempted or
frustrated falsification
 user is presumed to be
the author of
falsification when (1)
use was closely
connected with the
falsification, (2) user
had capacity in
falsifying the
document
173 FALSIFICATION OF This crime consists of uttering Art. 173 (1): uttering/falsifying
WIRELESS TELEGRAPH fictitious messages, falsifying messages
AND TELEPHONE messages and using such false 1. offender is an
MESSAGES messages. officer/employee of the
Government or a private
corporation engaged in
the sending of messages
2. offender commits any of
the acts: uttering or
falsifying

Art. 173 (2): use of falsified

messages
1. knowledge of
falsification
2. use of such falsified
dispatch
3. prejudice to a third party
or intent to cause such
prejudice
174 FALSE MEDICAL This crime consists of the 1. offender does any of the  persons liable: (1)
CERTIFICATES, falsification of the named class of acts in the definition physician or surgeon,
CERTIFICATES OF MERIT documents. (2) public officer, (3)
OR SERVICE private individual
175 USING FALSE This crime consists of the use of 1. issuance of a false
CERTIFICATES the said falsified documents certificate
enumerated in Art. 174. 2. offender knew of such
falsity
3. use of such
176 MANUFACTURING AND This crime consists of 1. offender does any of the  implements
POSSESSION OF making/introducing into the acts in the definition confiscated need NOT
INSTRUMENTS FOR Philippines of instruments for form a complete set
FALSIFICATION falsification and possessing with  Art. 164, 176 punish
intent to use such instruments. constructive
possession
177 USURPATION OF This crime consists of false 1. offender does any of the  representation must be
AUTHORITY representation or performing acts acts in the definition positive, express and
under the pretense of an official explicit
position.  false representation
may be shown by acts
 Art. 177 may be
violated by a public
officer
 Art. 177 may also be

violated by usurping
the authority of a
foreign public official
 act performed must
pertain to the (1)
Government, (2) PIA,
(3) public officer
178 USE OF FICTITIOUS This crime consists of employing Elements (Using Fictitious  fictitious name: any
NAME a false name. Name): other name a person
1. offender uses another publicly applies to
name himself without
2. public use authority of law
3. purpose: (1) conceal  damage must be done
crime, (2) evade to the public interest
execution of a judgment,
(3) cause damage to
public interest
Elements (Concealing True
Name):
1. offender conceals his (1)
true name and (2) all
other personal
circumstances
2. purpose to conceal one’s
identity
179 ILLEGAL USE OF This crime consists of public, 1. offender uses uniform or  exact imitation of the
UNIFORMS OR improper employment of insignia dress is unnecessary
INSIGNIAS uniforms and insignias. 2. such pertains to office not
held by the offender
3. use in a public, improper
manner

180 FALSE TESTIMONY This crime is a type of perjury in 1. criminal proceeding  penalty depends upon
AGAINST A DEFENDANT a criminal proceeding. 2. false testimony under the sentence of the
oath defendant
3. knowledge of falsehood  defendant must be
4. defendant was acquitted sentenced at least to
or convicted by final (1) a correctional
judgment penalty, (2) fine, or (3)
must be acquitted
 witness is liable even if
his testimony is not
considered by court
181 FALSE TESTIMONY This crime is a type of perjury in cf. elements of Art. 180, RPC  conviction/acquittal of
FAVORABLE TO A a criminal proceeding. except #4 defendant is NOT
DEFENDANT necessary
 defendant who
testified in his own
behalf covered by this
Article
 spontaneous
rectification is NOT
false testimony
182 FALSE TESTIMONY IN This crime is a type of perjury in 1. civil case  Art. 182 NOT
CIVIL CASES a civil proceeding. 2. testimony relates to applicable in special
issues proceedings
3. false testimony given  penalty depends on
4. knowledge of falsity the amount of the
5. malice in testimony controversy
183 PERJURY This crime consists of either 1. statement under  oath: an attestation
falsely testifying under oath or oath/affidavit that a person signifies
making a false affidavit. 2. made before a competent that he is bound by
office conscience to do an act
3. willful/deliberate truthfully
falsehood  affidavit: sworn

4. sworn statement is statement in writing
required by law  material matter: main
fact of the subject of
inquiry
 on facts: (1) material –
directed to prove a
fact, (2) relevant –
establishes probability
or improbability of
event, (3) pertinent –
concerns collateral
matters
 good faith or lack of
malice a valid defense
 subornation of perjury:
knowing/willing
procurement of a
perjurious witness
184 OFFERING FALSE This crime consists of 1. offer of a false
TESTIMONY IN introducing false evidence in a witness/testimony
EVIDENCE judicial or official proceeding 2. knowledge of falsehood
3. made in a
judicial/official
proceeding
185 MACHINATIONS IN This crime consists of soliciting Soliciting Gift/Promise:  consummated by mere
PUBLIC AUCTIONS any gift or promise as a 1. public auction solicitation
consideration from staying 2. soliciting gift/promise
away from a bidding, or causing 3. consideration to refrain
bidders to stay away. from taking part
4. accused had intent to
cause reduction of price
Cause Bidders to Stay Away:

1. public auction
2. attempt to cause bidders
to stay away
3. threats, gifts, promises,
other artifice
4. intent to cause reduction
of price
186 MONOPOLIES OR This crime involves acts that 1. offender does any of the  property seized are
COMBINATIONS IN restrain free market prohibited acts in Art. forfeited in favor of
RESTRAINT OF TRADE competition. 186: (1) combinations, (2) the Government
monopolies, (3)  mere conspiracy or
conspiracy with other combination is
persons or firms punished by the law
 when offense is
committed by a
corporation or
association, the
president and
directors and
managers are liable
187 FALSELY MARKED This crime involves trade in 1. importation, sale or  articles involved: (1)
ARTICLES MADE OF tampered/adulterated disposal gold, (2) silver, (3)
GOLD, ETC. commodities like gold, etc. 2. stamps, brands or marks other precious metals,
fail to indicate actual (4) alloys of 1-3
fineness  selling misbranded
3. knowledge of offender articles is NOT
necessary
 manufacturer who
alters such marks is
(2)(b) – estafa
188-189 UNFAIR COMPETITION,  Art. 188-189 are

FRAUDULENT repealed by the
REGISTRATION OF Intellectual Property
TRADE NAME code of the Philippines
(RA 8293)
 elements of unfair
competition: (1)
confusing similarity,
(2) intent to deceive
the public and defraud
the competitor
 evidence of actual
fraudulent intent NOT
necessary
TITLE V: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

This Title is REPEALED by RA 9165 or the Comprehensive Dangerous Drugs Act of 2002.
Acts Punished Under RA 9165:

1. pushing 5. use
2. maintaining a drug den 6. cultivation of plants
3. manufacturing 7. unlawful/unnecessary prescription
4. possession
When Maximum Penalty is Imposed:

1. within 100m of a school
2. using minors/incapacitated individuals for pushing, etc.
3. victim is a minor
4. proximate cause of death
5. financial/protector/coddler

Notes on RA 9165:
 Probation Law is NOT applicable for drug traffickers/users
 Being under the influence of dangerous drugs is a qualifying aggravating circumstance
 Attempt/conspiracy shall be penalized by the same penalty for commission
 A public official who misappropriates drugs, plants evidence : maximum penalty (RP)
 Voluntary submission may result in EXEMPTION from criminal liability
TITLE VI: CRIMES AGAINST PUBLIC MORALS

This Title punishes acts that are detrimental to the collective standard of decency and morality.

195-199 FELONIES RELATED TO  These Articles are repealed
GAMBLING by PD 1602 (Prescribing
Penalties in Illegal
Gambling)
200 GRAVE SCANDAL Grave scandal involves an act or 1. offender performs an act  acts must cause public
acts that disturb the moral or acts scandal to the persons
sensibilities of the general public 2. highly scandalous witnessing them
(eg. streaking, exhibitionism, 3. NOT falling within other  if acts are performed in a
voyeurism). RPC articles private house and seen by
4. commission in a public one person, the crime is
place NOT committed
201 IMMORAL DOCTRINES, This crime involve the following 1. offender does any of the  publicity is essential
OBSCENE PUBLICATIONS acts: (1) expounding doctrines acts in the definition  morality: conformity with
AND EXHIBITIONS contrary to public morals, (2) the generally acceptable
authoring/publishing indecent or standards of goodness
immoral shows, (3) selling, giving  author of obscene literature
away or exhibiting immoral is liable ONLY when it is
materials. published with his
knowledge
 test of obscenity: tendency
to deprave or corrupt those
whose minds are open to

suggestion
 mere nudity in pictures and
painting is NOT obscenity
 mere possession of obscene
materials is NOT
punishable
 give away = distribute
 pictures with slight
obscenity and used for
commercial purposes are
 using a child for obscene
purposes is liable under RA
7610
202 VAGRANCY AND Vagrants are idle persons who 1. offender must fall into  mendicancy and abetting
PROSTITUTION are able but without work. the definition of being a mendicancy are punished
vagrant or a prostitute by PD 1563
Prostitutes are women who  RA 9208 punishes
habitually engage in sex for trafficking in persons
money or profit.
PD 1602 (Prescribing Stiffer Penalties in Illegal Gambling)

 GAMBLING: any game or scheme, whether upon chance or skills, wherein wagers are made consisting of money, articles of value or
representative of value
 RA 9287 increased the penalties for illegal number games
 Spectators are NOT liable in gambling
 Guessing competition constitutes lottery
 There is NO lottery where there is full value of money (eg. buying softdrinks with specially-marked caps)
 Requisites of knowingly permitting gambling: (1) gambling was carried on in an inhabited or inhabited place, (2) such place is owned or
controlled by the offender, (3) offender permitted the game
 The proof that the game will take place is NOT necessary
RA 9208 (Anti-Trafficking in Persons Act of 2003)

 Trafficking in persons: recruitment, transportation, transfer or harbouring, or receipt of persons with or without the victim’s consent
or knowledge, within or across national borders
 Some acts of trafficking: (1) recruiting for the pretense of employment for the purposes of prostitution, etc., (2) mail-order brides, (3)
offers of marriage for engagement in prostitution, etc., (4) tours for prostitution, etc., (5) hiring for prostitution or pornography, (6)
adoption for prostitution, pornography, etc., (7) organ sale, (8) hiring of child soldiers
 Qualified trafficking: (1) trafficking children, (2) trafficking is effected through adoption, (3) done by syndicates [3 or more persons],
(4) offender is an ascendant, parent, sibling, guardian or a person exercising authority over the trafficked person, (5) member of the
military or law enforcement, (6) party dies, becomes insane, suffers mutilation or is afflicted with HIV
TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS

This Title punishes acts that are detrimental to the spirit of public trust embodied by a public office.
WHO IS A PUBLIC OFFICER? (Art. 203, RPC)

1. performing public functions in Government OR performing public duties as an employee, agent or subordinate official
2. authority must be derived from:
a. direct provision of law
b. popular election
c. appointment by competent authority
MALFEASANCE: improper performance of some act

MISFEASANCE: performance of some act that must NOT be done
NONFEASANCE: omission of some act that must be performed

204 KNOWINGLY This crime involves judges who 1. offender is a judge  bad faith as the
RENDERING UNJUST pronounce judgments contrary to 2. rendering of a judgment ground of liability
JUDGMENT law and/or not supported by 3. unjust judgment  evidence of unjust
evidence. 4. knowledge of unjust judgment must be
judgment presented
 does NOT apply to
members of a

collegiate court
205 JUDGMENT RENDERED This crime involves judges who 1. offender is a judge  abuse of discretion or
THROUGH NEGLIGENCE pronounce judgments out of 2. rendering of a judgment mere error of
inexcusable negligence or 3. manifestly unjust judgment is NOT
ignorance. judgment punishable under Art.
4. inexcusable negligence or 206
ignorance
206 UNJUST This crime involves judges who 1. offender is a judge  interlocutory order:
INTERLOCUTORY ORDER pronounce orders at the 2. performance of any of decree issued by the
commencement of a suit in a these acts: (a) knowingly court at the end of suit
manifestly unfair manner. rendering unjust to decide some matters
interlocutory order or which are NOT part of
decree, (b) renders a the final decision of
manifestly unjust the court
interlocutory order or
decree through
inexcusable negligence or
ignorance
207 MALICIOUS DELAY IN This crime involves hindering the 1. offender is a judge
THE ADMINISTRATION administration of justice due to 2. court proceeding
OF JUSTICE the bad faith of a judge. 3. delay in the
administration of justice
4. underlying malice in the
delay
208 PROSECUTION OF This crime involves dereliction of 1. public officer who  crime committed by
OFFENSES: NEGLIGENCE duty on the part of public officers prosecutes offenses the violator must be
AND TOLERANCE who prosecute violators of the 2. NO prosecution even if he proven first before
law. has knowledge of the conviction for
offense dereliction
3. malice and deliberate  NOT applicable to
intent revenue officers

209 BETRAYAL OF TRUST BY This crime involves attorneys 1. offender is a lawyer

AN ATTORNEY who through malicious breach of 2. offender does any of the
duty or negligence/ignorance, acts in the definition
reveals the client’s secrets or
undertakes the defense of another
client.
210 DIRECT BRIBERY This crime involves public 1. public officer  Art. 210 is applicable
officers who accept offers, 2. accepts an offer/promise to assessors,
promises, gifts or presents in or receives gifts/presents arbitrators, appraisal
order to commit a crime, an 3. such is accepted to: (1) and claim
act/omission detrimental to the commit crime, (2) in commissioners, and
public service. consideration of an act experts
which do NOT constitute  gifts may be received
a crime, (3) refrain from personally or through
doing his official duty intermediaries
4. act is in connection with  gifts may either be
official duties voluntarily offered or
solicited
 accepted offer or
promise is sufficient
for prosecution
 gift or present must
have pecuniary value
 bribed public officer
who does a crime shall
suffer the penalty for
such crime if it has
been committed
 direct bribery involves
moral turpitude
211 INDIRECT BRIBERY This crime is similar to direct 1. public officer  NO attempted or
bribery but does NOT require an 2. accepts gifts frustrated indirect
act/omission to be done by the 3. by reason of his office bribery

public officer.  PD 46 penalizes gift-
giving to public
officials for any
occasion
211-A QUALIFIED BRIBERY This crime involves receiving any 1. public officer entrusted
offer, promise, gift or present in with law enforcement
consideration for NOT 2. refraining from arresting
prosecuting a crime punishable or prosecuting an
by RP or higher. offender with a crime
punishable by RP or
higher
3. in consideration of any
promise, gift or present
212 CORRUPTION OF PUBLIC This crime involves persons who 1. offender makes offers or  PD 749 grants
OFFICIALS corrupt public officials through promises or gives gifts or immunity to bribe-
offers, promises, gifts or presents. presents to a public officer givers in order to help
2. circumstances that will prosecute corrupt
make the public officer officials
liable for direct or indirect
bribery
213 FRAUDS AGAINST THE This crime involves schemes used Frauds Against Public Treasury:  public officer must act
PUBLIC TREASURY to steal money from the public 1. public officer in his official capacity
treasury such as illegal exactions. 2. taking advantage of his  merely entering into
office agreement or demand
3. agreement with regard to already consummates
(1) furnishing supplies, (2) the crime
making of contracts, (3)  when deceit is present
adjustment or settlement in demanding greater
of accounts related to fees, the crime is
public property or funds ESTAFA
4. intent to defraud the

Government
Illegal Exactions:
1. public officer entrusted
with collection
2. does the following acts or
omissions: (1) demanding
sums different from or
larger than those
authorized, (2) failing
voluntarily to issue a
receipt, (3) collecting or
receiving different things
from that is required by
law
214 OTHER FRAUDS This crime covers other frauds 1. public officer
committed by public officers. 2. takes advantage of
position
3. commission of any frauds
or deceits in Art. 315-318:
estafa, other forms of
swindling, swindling a
minor, and other deceits
215 PROHIBITED This crime covers transactions 1. appointive public officer  transactions of
TRANSACTIONS where conflict of interest exists. 2. interest, direct or indirect, exchange or
in an exchange or speculation include
speculating transaction buying and selling
3. transaction takes place stocks, commodities,

within his jurisdiction land, etc.

4. during his incumbency  purchasing stocks and
shares for investment
is NOT a violation
 purchasing securities
for resale becomes a
violation
216 POSSESSION OF The concept of this crime is 1. offender must belong to  the 1987 Constitution
PROHIBITED INTEREST similar to the previous Article. the specific class of prescribes restrictions
The following may be liable persons in the definition on employment/
under this Article: and must be involved in practice of profession
a transaction by certain public
1. public officers officers (Sec. 14, Art.
2. experts, arbitrators and VI: members of
private accountants legislature; Sec. 13,
3. guardians and executors Art. VII: President,
Vice-President, cabinet
secretaries, assistants
and deputies; Sec. 2,
Art. IX-A: member of a
Constitutional
Commission)
217 MALVERSATION This crime involves 1. public officer  nature of duties of the
embezzlement of public funds or 2. custody or control of public officer
property. It punishes certain acts: funds or property controlling in this
(1) appropriating public funds or 3. accountability for those crime
property, (2) taking or funds or property  funds or property
misappropriating such, (3) 4. appropriating, taking, must be received in
consenting, through misappropriating, official capacity
abandonment or negligence, consenting the taking of  private individuals
permitting any person to take such funds or property complicit with public
such officers are also liable
for malversation
 Government funds
include revenue and
trust funds
 standard of prudence
by a reasonable person
is the test determining
negligence
 lack of criminal intent
or good faith is a valid
defense
 presumption of
malversation for
failure to return public
funds upon demand
 presumption of
malversation is
rebuttable
 return of funds
malversed may be a
mitigating
circumstance
 demand NOT
necessary in
malversation
 damage to the
Government NOT
necessary
218 FAILURE TO RENDER This crime involves an omission 1. public officer  demand for
ACCOUNTS on the part of a public officer to 2. accountable for public accounting NOT
account for funds entrusted to funds or property necessary
him. 3. requirement to render  misappropriation NOT
accounts necessary
4. failure to render within 2
months
219 FAILURE TO RENDER This crime is similar to the 1. public officer  act of leaving the
ACCOUNTS BEFORE previous Article, except for the 2. accountable for public country must be
LEAVING THE COUNTRY circumstance of leaving the funds or property unauthorized or NOT
country. 3. unlawful departure from permitted by law
the Philippines without
certification of rendering
accounts
220 ILLEGAL USE OF PUBLIC This crime involves using public 1. public officer  NO technical
FUNDS OR PROPERTY funds or property other than its 2. public fund or property malversation in the
appropriated usage. under his administration absence of law or
3. such is appropriated by ordinance
law or ordinance
4. application to a public use
other than its
appropriation
221 FAILURE TO MAKE This crime involves failure to 1. public officer having
DELIVERY OF PUBLIC make payment or refusing to Government funds in his
FUNDS OR PROPERTY make delivery, when such acts possession
are required by the offender’s 2. under obligation to make
office. payment
3. malicious failure to make
payment
223 CONNIVING WITH OR This crime involves conspiring 1. public officer  prisoners may be in
CONSENTING TO with prisoners in their escape or 2. custody of prisoner detention or serving a
EVASION evasion of service. 3. escape of prisoner sentence by final
4. connivance with prisoner judgment
 leniency or laxity is
NOT infidelity
 relaxation of
imprisonment is
considered as
infidelity
224 EVASION THROUGH This crime is similar to the 1. public officer  escaped prisoner may
NEGLIGENCE previous Article, but such 2. charged with the have liability under
evasion took place via conveyance or custody of Art. 157, RPC
negligence. a prisoner
3. such prisoner escapes
through negligence
225 ESCAPE OF PRISONER This crime is similar to the 1. private person
UNDER CUSTODY OF previous Article, but the offender 2. charged with the
THIRD PERSON is a private person. conveyance or custody of
a prisoner
3. such prisoner escapes
4. consent/negligence
226 REMOVAL, This crime involves infidelity in 1. public officer  such officer must be
CONCEALMENT OR the custody of documents. 2. abstracts, destroys, officially entrusted
DESTRUCTION OF conceals documents or with the documents or
DOCUMENTS papers papers
3. such documents or papers  document must be
are entrusted to the complete and one by
offender by virtue of his which a right could be
office established or an
4. damage to a third party or obligation could be
the public interest extinguished
 books, periodicals and
pamphlets are NOT
documents
 act of retaining mail
and not sending it to
its destination is liable
under Art. 226
227 OFFICER BREAKING SEAL This crime involves opening seals 1. public officer `
in documents entrusted to a 2. charged with custody of
public officer. papers or property
3. such papers or property
are sealed by proper
authority
4. breaking the seals, or
permitting their breaking
228 OPENING OF CLOSED This crime has a similar concept 1. public officer  custody: guarding or
DOCUMENTS to the previous Article. 2. charged with custody of keeping safe
closed papers or property  damage or intent to
3. opening or permitting to cause damage NOT an
be opened such closed element of the offense
papers or property
4. without proper authority
229 REVELATION OF This crime involves the Revelation of Secrets:  acts of espionage are
SECRETS disclosure of secrets known by a 1. public officer NOT included in this
public officer due to his official 2. a secret known due to his Article
capacity. official capacity  secrets of private
3. revealing secret without persons NOT included
authority or justifiable  papers must contain
reasons secrets; otherwise, the
4. damage to the public crime is infidelity in
interest the custody of
documents
Revealing Secrets by
Wrongfully Delivering
Papers:
1. public officer
2. in charge of papers
3. papers must NOT be
published

4. delivery to a third person

5. wrongful delivery
6. damage to the public
interest
230 REVEALING SECRETS OF This crime is similar to the 1. public officer  damage to private
PRIVATE INDIVIDUALS previous Article. 2. knowledge of the secrets persons NOT
of a private person by necessary
reason of his office
3. revealing such secrets
without authority or
justifiable reason
231 OPEN DISOBEDIENCE This crime involves the refusal to 1. public officer
execute a lawful order of a 2. judgment, decision or
superior. order by superior
authority
3. such judgment, decision
or order is within
jurisdiction of the
superior and is lawful
4. offender openly refuses to
execute such without
legal justification
232 DISOBEDIENCE TO This crime involves the 1. public officer  does NOT apply to
ORDER OF SUPERIOR suspension of the lawful order of 2. order was issued by a illegal, unlawful
a superior. superior orders
3. suspension of execution
of such order
4. superior disapproves the
suspension of execution
5. offender disobeys the
superior despite
disapproval of the

suspension
233 REFUSAL OF This crime involves a public 1. public officer  damage to public
ASSISTANCE officer’s malicious lack of 2. demand from competent interest is essential in
cooperation to the administration authority this felony
of justice or some other public 3. malicious failure to
service. cooperate
234 REFUSAL TO DISCHARGE This crime involves elected 1. offender is elected by  NOT applicable to
ELECTIVE OFFICE officials who maliciously fail to popular election appointive officers
discharge their offices. 2. refusal to be sworn in or
to discharge the duties of
his office
3. no legal motive
235 MALTREATMENT OF This crime involves mishandling 1. public officer  Art. 235 contemplates
PRISONERS prisoners, performing excessive 2. in charge of a prisoner or ACTUAL charge of the
correction on them or inflicting a detention prisoner prisoner
cruel and humiliating 3. maltreatment in the  offender may also be
punishment on them. following manner: liable for physical
(a) overdoing correction injuries or damage
by: caused
(1) imposition of
unauthorized
punishments,
(2) imposition of cruel

and humiliating
punishments;
(b) maltreating in order to

exact a confession
236 ANTICIPATION OF This crime involves assumption 1. offender is entitled to
DUTIES of duties before swearing in. hold a public office either

by election or
appointment
2. requirement of swearing
in or payment of bond
3. assumption of office
4. non-compliance with the
requirement
237 PROLONGING This crime involves continuing to 1. offender holds a public  a public officer who
PERFORMANCE OF exercise an office beyond the office has been suspended,
DUTIES period prescribed by law, 2. period for holding such separated, overaged or
regulations or special provisions. office has already expired dismissed cannot
3. offender continues to perform the duties of
exercise the duties and his office
powers of the office
238 ABANDONMENT OF This crime involves leaving an 1. public officer  a written or formal
OFFICE office before the acceptance of 2. formal resignation from resignation is
one’s resignation. his position necessary
3. resignation has NOT been  the offense is qualified
accepted in the crimes of (1)
4. abandoning office to the treason, (2) conspiracy
detriment of the public and proposal to
service commit treason, (3)
misprision of treason,
(4) espionage, (5)
inciting to war or
giving motives for
reprisal, (6) violation
of neutrality, (7)
correspondence with
hostile country, (8)
flight to enemy
country, (9) piracy and

mutiny, (10) rebellion,

(11) coup d’ etat, (12)
conspiracy and
proposal to commit
coup d’ etat or
rebellion, (13)
disloyalty of public
officers, (14) inciting to
rebellion, (15) sedition,
(16) conspiracy to
commit sedition, (17)
inciting to sedition
239 USURPATION OF This crime involves executive or 1. offender is an executive or
LEGISLATIVE POWERS judicial officers who appropriate judicial officer
powers of legislature. 2. he (1) makes general rules
and regulations beyond
his scope of authority, (2)
attempts to repeal a law,
(3) suspends the
execution thereof
240 USURPATION OF This crime involves judges who 1. offender is a judge  legislative officers are
EXECUTIVE FUNCTIONS appropriate executive powers. 2. he (1) assumes a power NOT liable for
pertaining to the usurpation of powers
executive authorities, (2)
obstructs the executive
authorities in their lawful
exercise of powers
241 USURPATION OF This crime involves executive 1. offender is an executive  legislative officers are
JUDICIAL FUNCTIONS officers who appropriate judicial officer NOT liable for
powers. 2. he (1) assumes judicial usurpation of powers
powers, (2) obstructs the
execution of any order or

decision rendered by any

judge
242 DISOBEYING REQUEST This crime involves public officer 1. public officer
FOR DISQUALIFICATION who continues a proceeding even 2. pending proceeding
after he is disqualified by before such public officer
competent authority. 3. question of the
proceeding is not yet
decided
4. lawfully required to
refrain from continuing
such proceeding
5. he continues such
proceeding
243 ORDERS OR REQUESTS This crime involves an executive 1. offender is an executive
BY EXECUTIVE OFFICERS officer who addresses judicial officer
TO ANY JUDICIAL authority in relation to a case. 2. addressing any order or
AUTHORITY suggestion to a judicial
authority
3. order or suggestion refers
to a case brought to a
judicial authority
244 UNLAWFUL This crime involves public 1. public officer  recommending a
APPOINTMENTS officers who knowingly name 2. nomination or person does NOT
unqualified persons to appointment of a person equate to nominating
appointive office. to public office or appointing him
3. person lacks legal
qualification
4. knowledge of the lack of
legal qualification
245 ABUSES AGAINST This crime involves public 1. public officer  mother of the person
CHASTITY officers who (1) solicits or makes 2. solicitation of or making in custody is NOT
immoral/indecent advances to a immoral/indecent included in the

woman interested in matters advances to a woman definition

before the former, (2) solicits or 3. such woman has the  “soliciting” means an
makes immoral/indecent characteristics in the earnest and persistent
advances to a woman under the definition proposal
former’s custody, (3) solicits or  consummated by mere
makes immoral/indecent proposal
advances to the wife, daughter,  proof of solicitation is
sister or relatives of the person in NOT necessary when
custody of the former. there is sexual
intercourse
RA 3019 (Anti-Graft and Corrupt Practices Act)
Sec. 3: Corrupt Practices

a. persuade another, or allow oneself to be persuaded to violate rules
b. request or receive gift for transaction in which he intervenes
c. request or receive gifts for license
d. accept employment related with official business during, and until 1 year after termination
e. cause undue injury or give unwarranted benefit through manifest inexcusable negligence
f. neglect/refusal to act to obtain benefit, cause prejudice or grant favour
g. enter into grossly disadvantageous contract, whether or not for profit
h. have prohibited financial interest requiring approval of the board where he is a member, even if he votes against it or does not participate
i. approve license for unqualified person
j. divulge confidential information
RA 7080 (Anti-Plunder Law)

 amass, accumulate, acquire
 by himself or with others
 ill-gotten wealth worth Php 50M or more
 through a series (3 successive acts) or a combination (2 or more acts)
 predicate crimes
o malversation
o bribery
o fraudulent conveyance of public property
o establishing monopolies
o taking advantage of public office
TITLE VIII: CRIMES AGAINST PERSONS

This Title punishes acts that produce harm to the life and bodily integrity of persons.

246 PARRICIDE In parricide, the offender kills one 1. a person is killed  the relationship of the
of his family. 2. deceased killed the offender with the
accused victim is the essential
3. deceased is the father, element of parricide
mother, child (legitimate  the child should NOT
or illegitimate), be less than 3 years old
ascendant/descendant  the spouse must be
(legitimate) or spouse legitimate
 relationship must be
alleged
 parricide may be
committed by reckless
imprudence
 parricide may be
committed by mistake
 a stranger cooperating
in parricide is liable
for murder or
homicide
247 DEATH OR PHYSICAL This involves killing under very  Art. 247 does NOT
INJURIES INFLICTED IN definite circumstances, such as a define and penalize a
EXCEPTIONAL (1) man killing his wife and/or felony
CIRCUMSTANCES paramour caught in the act of  the accused must be a

intercourse with another, or (2) a legally married

parent who kills his daughter  the wife is entitled to
and/or seducer in the act of the benefits of Art. 247
intercourse.  applicable ONLY
when the accused sees
his spouse/daughter
in the act of sexual
intercourse
 NO criminal liability
for inflicting less
serious/light physical
injuries
 NOT applicable to
person who consented
to the infidelity of the
spouse
 destierro NOT
intended as a penalty
248 MURDER Murder is the unlawful killing of 1. a person was killed  murder will exist with
any person which is NOT 2. accused killed him only one of the
parricide or infanticide, provided 3. killing was attended by circumstances present
that any of these circumstances any of the qualifying  when other
are present: (cf. Art. 14, RPC) circumstances in Art. 248 circumstances are
4. killing is NOT parricide absorbed or included
1. treachery or infanticide in one qualifying
2. in consideration of a circumstance, they
price, reward or promise cannot be considered
3. by means of inundation, as generic aggravating
fire, poison, explosion,  any of the qualifying
shipwreck, stranding of a circumstances must be
vessel, derailment of a alleged in the
locomotive, fall of an information
airship, by means of  killing a child of

motor vehicles, or any tender years is murder
other artifice involving  treachery and
great waste or ruin, premeditation are
4. occasion of a calamity inherent in murder by
5. evident premeditation poison
6. cruelty, or outraging or  treachery is employing
scoffing at his person or means, methods and
corpse forms of attack to
insure impunity
 cruelty is present
when other injuries are
inflicted deliberately
by the offender which
are NOT necessary for
killing him
 evident premeditation
is present when (1) the
offender was
determined to kill the
victim, (2) clung to his
determination, and (3)
a sufficient lapse of
time between the
determination and
execution of the killing
249 HOMICIDE Homicide is the unlawful killing 1. a person was killed  RP becomes the
of any person, which is neither 2. accused killed him without penalty for killing a
parricide, murder nor infanticide. any justifying victim < 12 years old
circumstance  intent to kill is
3. accused had intention to conclusively presumed
kill when death result
4. killing was NOT attended  evidence of intent is

by any of the qualifying important only in
circumstances of murder, attempted or
infanticide or parricide frustrated homicide
 the killing must NOT
be justified (cf. Art. 11,
RPC)
 use of an unlicensed
firearm is an
aggravating
circumstance in
homicide
 in all crimes against
persons where the
victim’s death is an
element of the offense,
there must be evidence
of (1) fact of death, and
(2) identity of the
victim
251 DEATH CAUSED BY A This crime involves killing a 1. several persons  tumultuous affray
TUMULTUOUS AFFRAY person as a result of an 2. they did NOT compose exists when at least 4
assault/attack participated by groups organized for a persons took part
several persons, such as brawls common purpose of  NO tumultuous affray
and free-for-alls. assaulting or attacking when there are 2
each other identified groups of
3. quarrel in a tumultuous men
and confused manner
4. someone was killed
5. cannot be ascertained
who actually killed the
deceased

6. persons who inflicted

serious physical injuries
or used violence can be
identified
252 PHYSICAL INJURIES This crime has the same concept 1. tumultuous affray  penalty is one degree
INFLICTED IN A as the previous Article, but only 2. participant/s suffered lower than that for the
TUMULTUOUS AFFRAY has physical injuries as a result. serious/less serious physical injury
physical injuries inflicted
3. person responsible cannot
be identified
4. those who have used
violence against the
offended party are known
253 GIVING ASSISTANCE TO This crime involves acts such as 1. offender does any of the  a person who attempts
SUICIDE (1) helping another to commit acts in the definition to commit suicide is
suicide, whether consummated NOT criminally liable
or not, or (2) lending assistance to
the extent of doing the killing.
254 DISCHARGE OF This crime involves shooting a 1. offender discharges a  discharge towards the
FIREARMS person without any intent to kill firearm against or at house of the victim is
or injure. another person NOT illegal discharge
2. offender has NO intention of firearm
to kill that person  discharge of firearms
may be complexed
with serious or less
serious physical
injuries
 if the offender initially
aimed the firearm at
the offended party, the
crime is still discharge
of firearms even if the

gun was not pointed at

the latter when it was
fired
255 INFANTICIDE This crime involves the killing of 1. a child was killed  the penalty for
a child 3 days or younger. 2. deceased child was 3 days infanticide must be
of age or younger taken from murder or
3. accused killed the said child parricide, depending
on the circumstances
of the case
 concealing dishonor is
NOT an element of
infanticide
 only the mother and
maternal grandparents
of the child are entitled
to the mitigating
circumstance of
concealing dishonor
 a mother who claims
concealing dishonor
must be of good
reputation
 there is NO crime of
infanticide where the
child was born dead,
or could not sustain an
independent life when
killed
256 INTENTIONAL This involves killing a fetus from Unintentional Abortion:  abortion: willful
ABORTION a mother’s womb through 1. a pregnant woman killing of the fetus, or
violence or other means. 2. violence was used upon a its violent expulsion
pregnant woman without resulting to its death
intending an abortion  unintentional abortion

3. violence was intentionally may be committed
exerted through imprudence
4. the fetus dies as a result of  unintentional
the violence homicide may be
complexed with
Intentional Abortion: homicide
1. a pregnant woman  fetus may be over or
2. violence is exerted, or drugs less than 6 months old
or beverages administered
3. fetus dies as a result
4. abortion is intended
257 UNINTENTIONAL This crime is similar to the cf. Art. 256 (1), RPC  unintentional abortion
ABORTION previous Article, but the may be complexed
expulsion of the fetus must not be with parricide
intended by the offender.
258 ABORTION BY THE This is an abortion inflicted by 1. pregnant woman suffered  liability of the
WOMAN HERSELF the pregnant woman herself. an abortion pregnant woman is
2. abortion is intended mitigated when the
3. abortion is caused by: (1) purpose is to conceal
pregnant woman herself, (2) dishonor (NO
any other person, with her mitigation for the
consent, (3) any of her woman’s parents for
parents, with her consent the same purpose)
for the purpose of
concealing her dishonor
259 ABORTION BY A This is an abortion inflicted by Physician/Midwife:
PHYSICIAN physicians and other medical 1. pregnant woman suffered
professionals. an abortion
2. abortion is intended
3. offender, who is a physician
or midwife, causes/assists

in the abortion
4. offenders took advantage of
their scientific knowledge
Pharmacist:
1. offender is a pharmacist
2. NO proper prescription
from a physician
3. offender dispenses any
abortive
260 DUEL This crime involves formal or 1. offender does the act  duel: formal or regular
regular combat previously described in the definition combat previously
concerted between 2 parties. The concerted between 2
acts punished in this crime are: parties
(1) killing one’s adversary, (2)  persons liable are the
inflicting physical injuries, (3) (1) combatants and the
taking part in combat. (2) seconds
261 CHALLENGING TO A The acts punished in this crime 1. offender does any the acts  persons liable are the
DUEL are: (1) challenging another to a described in the definition (1) challenger and (2)
duel, (2) inciting another to give instigators
or accept a challenge for a duel,
or (3) scoffing at or decrying
another for having refused to
accept a challenge to fight at a
duel.
262 MUTILATION This crime involves lopping off or 1. mutilation occurred  RP as the penalty
clipping off of some part of the 2. deliberate and purposeful when the victim is
body (eg. legs, arms). There are manner under 12 years old
two kinds: (1) intentionally
depriving one of a reproductive
organ or (2) any other organ/part
of the body.

263 SERIOUS PHYSICAL This crime involves wounding, 1. offender commits any of  serious physical
INJURIES beating or assaulting another the acts in the definition injuries occurs when a
which results in grave or life- person (1) becomes
threatening injuries. It may also insane, imbecile,
be caused by administering impotent or blind, (2)
injurious substances. loses use of speech,
power to hear or smell,
loses an eye, hand,
foot, arm or leg, or
becomes incapacitated,
(3) becomes deformed,
loses any other
member of his body,
loses the use thereof,
or becomes ill or
incapacitated > 90
days, (4) becomes ill or
incapacitated [30 days
< number of days < 90
days]
 NO intent to kill
 on impotence: victim
must NOT be able to
procreate
 loss of BOTH eyes
[Art. 263 (1)], loss of
ONE eye [Art. 263 (2)]
 loss of use of hand or
incapacity for usual
work must be
permanent [Art. 263
(2)]

 on deformity: physical
ugliness, permanent,
definite, conspicuous
and visible
abnormality must
result
 loss of teeth may be
considered as a
deformity
 medical attendance is
NOT important in
serious physical
injuries
 qualified serious
physical injuries:
attendance of any
circumstance inherent
in parricide (Art. 246)
or murder (Art. 248)
264 ADMINISTERING This crime is similar to Art. 263, 1. offender inflicted serious  frustrated murder
INJURIOUS SUBSTANCES but it is committed by giving physical injury occurs when there is
harmful beverages or substances 2. knowingly administering intent to kill
to the victim. any injurious substances or  Art. 264 does NOT
beverages apply when less
3. NO intent to kill serious or slight
physical injuries result
265 LESS SERIOUS PHYSICAL This crime is committed by  medical attendance
INJURIES inflicting injuries that and incapacity is
incapacitate the victim for more required in less serious
than 10 days, but less than 30 physical injuries
days.  less serious physical
injuries are qualified
when: (1) there is

intent to insult or
offend the person, or
there are
circumstances adding
ignominy, (2) the
victim is a person in
authority
266 SLIGHT PHYSICAL This crime involves injuries that  when there is NO
INJURIES incapacitate the victim for 10 evidence of actual
days or less. injury = slight physical
injuries
266-A RAPE Rape is having carnal knowledge Elements of Rape, Art. 266-A(1):  penetration of the labia
of a woman without her consent. 1. offender is a man is essential to establish
2. offender had carnal rape
knowledge with a  only one of the
woman circumstances is
3. act is accomplished sufficient to establish
under any of the rape
following  force employed
circumstances: (1) force against rape victim
or intimidation, (2) need NOT be
woman is deprived of irresistible
reason or unconscious,  resistance when futile
(3) fraudulent does NOT amount to
machination or grave consent
abuse of authority, (4)  moral ascendancy or
woman is under 12 or influence may
demented substitute for physical
force or intimidation
 rape may be proven by
uncorroborated
testimony of a woman
Elements of Rape, Art. 266-A(2):  penetration of the labia
1. offender commits an act consummates rape
of sexual assault  NO crime of frustrated
2. committed by any of rape being a crime of
the following means: (1) result
inserting the penis into  resignation to
the mouth or anus, (2) consummated act is
inserting any NOT consent
instrument or object  2 or more offenders
into the genitals or anus who rape a victim will
3. act is accomplished be liable for multiple
under any of the counts of rape, with
following one count for every act
circumstances: (1) force of sexual intercourse
or intimidation, (2)  rape is qualified under
woman is deprived of the following cases: (1)
reason or unconscious, homicide, (2) victim is
(3) fraudulent < 18 and offender is a
machination or grave relative within the 3rd
abuse of authority, (4) civil degree, (3) victim
woman is under 12 or is under custody of the
demented police or military
authorities, (4) rape is
committed in full view
of relatives within the
3rd civil degree, (5)
victim is a religious,
(6) victim is a child < 7
years old, (7) offender
knows he has HIV, (8)
offender is a member

of the AFP, PNP, (9)

victim has suffered
permanent physical
mutilation or
disability, (10)
offender knew of the
victim’s pregnancy,
(11) offender knew of
the victim’s mental
disability
 rape with homicide is
a special complex
crime
 marriage extinguishes
the penal action (Art.
266-C, RPC)
RA 9262: Anti-Violence Against Women and Children Act of 2004
The Anti-VAWC Act penalizes the following kinds of abuse:

1. physical violence
2. sexual violence
3. psychological violence
4. economic abuse
Acts of Violence:
1. causing physical harm to a 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. compulsion/restriction of the woman or her child
6. inflicting or threatening to inflict physical harm on oneself for the purpose of controlling a woman’s actions or decisions

7. sexual activity (which does NOT constitute rape) through force, threat, intimidation
8. engaging in purposeful, knowing or reckless conduct that causes substantial distress
9. causing mental and emotional anguish, public ridicule or humiliation
TITLE IX: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

This Title punishes acts that infringe upon the freedom of movement by individuals.

267 KIDNAPPING AND Kidnapping involves detaining 1. offender is a private  if the offender is a
SERIOUS ILLEGAL another person and depriving individual public official, crime is
DETENTION him of his liberty. 2. offender kidnaps or detains arbitrary detention
another, or deprives the (Art. 124, RPC)
victim of his liberty  ransom: money, price
3. act of detention or or consideration
kidnapping is illegal demanded
4. any of the circumstances is  intention to deprive
present: (1) kidnapping or the victim of his liberty
detention last > 3 days, (2) for extorting ransom is
simulating public authority, essential in
(3) serious physical injuries kidnapping
are inflicted or threats to kill  actual demand for
the victim are made, (4) ransom NOT
person kidnapped is a necessary
minor, female or a public  detention or locking
officer up of the victim is
essential
 restraint need NOT be
permanent
 kidnapping may be
complexed with
murder
 maximum penalty is

imposed when: (1)

purpose of kidnapping
or detention is to
extort ransom, (2)
victim is killed or dies,
(3) victim is raped, (4)
victim is tortured
 NO complex crime of
illegal detention with
rape
268 SLIGHT ILLEGAL Slight illegal detention involves 1. offender is a private  a person who
DETENTION the deprivation of liberty which individual furnished a place for
occurs without the attendance of 2. offender kidnaps or detains the commission of the
the circumstances under Art. 267. another crime is liable as an
3. act of kidnapping or accomplice
detention is illegal  privileged mitigating
4. crime is committed without circumstances: (1)
the attendance of any of the voluntary release
circumstances in Art. 267 within 3 days, (2) non-
attainment of the
purpose, (3) liability is
mitigated before
criminal proceedings
269 UNLAWFUL ARREST Unlawful arrest involves 1. offender arrests or detains  offender may be a
capturing a person and detaining another person public official or a
another without reasonable 2. purpose is to deliver said private individual
ground. person to the proper  NO unlawful arrest if
authorities there is a warrant
3. arrest or detention is NOT  NO period for
authorized by law or there detention specified for
is NO reasonable ground Art. 269
270 KIDNAPPING AND This crime involves persons who 1. offender is entrusted with  minor is defined as
FAILURE TO RETURN A are entrusted with the care of a the custody of a minor someone 21 years old
MINOR minor and fail to send back the 2. deliberate failure to return and below
latter to their parents or the minor  AM as penalty for
guardians. mother/father who
commits this crime
271 INDUCING A MINOR TO This crime involves persons who 1. minor is living with parents  inducement must be
ABANDON HIS HOME convince minors to leave their or guardians actual, with criminal
homes. 2. offender induces minor to intent and will to
abandon such home cause damage
 act of inducement
constitutes the crime
 if the minor leaves out
of his free will, the
offender is NOT
criminally liable
 the minor’s father or
mother may be liable
under Arts. 270-271
272 SLAVERY Slavery consists of using a human 1. offender purchases, sells,  qualifying
being for servitude or kidnaps or detains a human circumstance:
illegal/immoral traffic. being illicit/immoral traffic
2. purpose to enslave
273 CHILD LABOR This crime involves using minors 1. offender retains a minor  indebtedness is NOT a
for servitude. 2. against the minor’s will ground for detention
3. pretext of reimbursing debt
274 SERVICES IN PAYMENT This crime involves forcing a 1. compulsion of debtor
OF DEBTS person into servitude in order to 2. against the debtor’s will
pay his debts. 3. purpose to require or
enforce payment of debts
275 ABANDONMENT Abandonment consists of not 1. uninhabited area  Art. 275 is NOT
aiding a person in danger or a 2. accused found a person applicable if one
person who was victimized by wounded or in danger or intentionally wounded
one’s own act or omission. dying another

3. accused can render help
without danger to himself
4. failure to render assistance
276 ABANDONING A MINOR This crime involves leaving a 1. offender has custody of a  intent to kill cannot be
child helpless when one has his child presumed from death
custody. 2. child < 7 years of age of the child
3. abandoning such child  permanent, conscious
4. NO intent to kill the child and deliberate
abandonment is
required in Art. 276
 qualifying
circumstances: (1)
death of the minor
results, (2) when life of
the minor was
threatened as a result
277 ABANDONMENT OF A This crime involves delivering a Abandonment:  minor contemplated in
MINOR, INDIFFERENCE minor to a public institution or 1. offender has charge of Art. 277 must be < 21
OF PARENTS other persons, or neglecting rearing/educating the years of age
children. minor
2. offender delivers minor
3. one entrusted to does
NOT have consent
Indifference of Parents:
1. offender is a parent
2. neglect of child
3. station in life require
such education and the
financial condition
permits it

278 EXPLOITATION OF Exploitation consists of making 1. offender makes the child  qualifying
MINORS the child perform dangerous and perform any of the acts circumstance:
life-threatening acts, as well as enumerated in the consideration of any
subjecting him to labor, such as definition price, compensation or
(1) performing dangerous feats, promise
(2) employing children in the  offender shall be
circus, (3) dangerous exhibitions, deprived of parental
ie. contortion, etc., (4) delivering authority or
to vagrants or beggars, (5) guardianship
inducing a child to abandon his  exploitation of minor
home to follow such callings. must refer to act
endangering the life
and safety of the
minor
280 TRESPASS TO DWELLING Trespass to dwelling involves 1. offender is a private person  violence or
entering another’s residence 2. offender enters the dwelling intimidation qualifies
without the resident’s consent. of another the offense
3. entrance is against the  dwelling: a building or
latter’s will structure devoted for
rest and comfort
 entrance must be
against presumed or
express prohibition of
the occupant
 opposition from the
resident may be
present in trespass to
dwelling
 entering late at night is
presumed to be a
trespass
 prohibition is implied
in entrance through a
window
 prohibition must be in
existence prior to or at
time of entrance
 trespass may be
committed by the
owner of the dwelling
in relation to entering
against the will of an
actual occupant
 if there is NO overt act
of the crime
committed, crime is
only trespass to
dwelling
281 OTHER FORMS OF This crime involves other acts of 1. offender enters closed
TRESPASS entering closed premises or premises or fenced estate
fenced estates. 2. uninhabited
3. prohibition to enter is
manifest
4. no permission from owner
or caretaker
282 GRAVE THREATS This crime involves intimidating 1. threats with the infliction of  threats are absorbed if
another person with threats of harm upon one’s person, they are incidental to
harm amounting to a crime. honor or property (or to his another felony
family)  threats are
2. without attaining the declarations of future
purpose harm and of imminent
3. threat NOT being subject to quality
a condition  if purpose was
attained, punishment
is 1 degree lower for

crime threatened
 if purpose was NOT
attained, punishment
is 2 degrees lower for
crime threatened
 qualifying
circumstances: threats
(1) in writing, (2)
through a middleman
 grave threats are
consummated as soon
as threats come into
the person’s
knowledge
283 LIGHT THREATS This crime involves intimidating 1. offender makes a threat to  blackmailing may be
another person with threats of commit a wrong punished under Art.
harm NOT amounting to a crime. 2. wrong does NOT constitute 283
a crime
3. demand for money or other
condition
4. offender attains/does NOT
attain his purpose
285 OTHER LIGHT THREATS This crime consists of other 1. offender does any of the  threats which are
threatening or intimidating acts enumerated in the ordinarily grave
behavior, such as (1) drawing a definition threats may be other
weapon, (2) oral threats in the light threats in the heat
heat of anger, (3) oral threats of anger
NOT constituting a felony
286 GRAVE COERCIONS Grave coercions involve using 1. prevention of an act NOT  the act of preventing
violence or intimidation to against the must be made when
prevent someone to do law/compulsion to do an the party was doing or
something not prohibited by law act, whether right or about to do the act
or compelling another to do wrong  if a creditor seized
something against his will, 2. violence, threats or debtor’s property by
whether it be right or wrong. intimidation force, the crime is light
3. NO authority or exercise coercion
of a lawful right  NO intimidation by
display of force if arms
are NOT used
 a notoriously
threatening attitude is
sufficient
 force or violence must
be immediate, actual
or imminent
 NO grave coercion
when the accused acts
in good faith
 coercion is
consummated even if
the offended party did
NOT accede to the
purpose of the
coercion
 PM shall be imposed
in the following
coercions: (1) violating
the right to suffrage,
(2) compelling to
perform a religious
act, (3) compelling to
prevent a religious act

287 LIGHT COERCIONS Light coercions involve a 1. offender must be a creditor  offender must be a
creditor’s forcible seizure of the 2. offender seizes anything creditor, NOT just a
debtor’s property. belonging to his debtor co-owner
3. seizure by means of  taking possession
violence or display of through deceit and
material force misrepresentation is
4. purpose to pay a debt unjust vexation
 NO need for actual
physical violence
 unjust vexation:
human conduct that
unjustly annoys or
vexes an innocent
person
 NO violence or
intimidation in unjust
vexation
288 OTHER SIMILAR Other similar coercions involve Art. 288 (1):
COERCIONS acts such as forcing/compelling 1. offender is any person,
one to purchase merchandise or agent, officer of any
paying wages by means of tokens association or corporation
or objects. 2. has employed laborers or
employees
3. force or compulsion
Art. 288 (2)

1. payment through tokens or
objects
2. tokens or objects are other
than legal tender
3. employee or laborer does
NOT expressly request it

289 FORMATION, This crime involves acts the 1. violence or threats

MAINTENANCE AND prevent persons from putting 2. purpose to organize,
PROHIBITION OF together capital or labor. maintain or prevent
COMBINATION OF coalitions of
CAPITAL OR LABOR capital/labor,
strike/lockout
290 DISCOVERING SECRETS This crime involves the seizure 1. private individual or  seize: to place in
THROUGH of papers and disclosing the public officer NOT in the control of someone, to
CORRESPONDENCE contents thereof. exercise of his functions give him possession
2. seizure of another’s  contents must be
papers known to the offender
3. purpose to discover  revealing the secret to
secrets a third person qualifies
4. offender is informed of the offense
the contents of the papers
seized
291 REVEALING SECRETS This crime consists of disclosing 1. offender is a manager,  damage is NOT
WITH ABUSE OF OFFICE secrets known in one’s official employee or servant necessary in this article
capacity. 2. offender learned secrets in
such capacity
3. offender reveals such
secrets
292 REVEALING OF This crime consists of disclosing 1. offender is a person in  secrets must relate to
INDUSTRIAL SECRETS secrets known in business. charge, employee or manufacturing
workman processes
2. offender learned a secret  the revelation of the
in such industry secret might be made
3. offender reveals such after termination or
secrets separation with the
establishment

TITLE X: CRIMES AGAINST PROPERTY

This Title punishes acts that endanger the security of property held by individuals.

294 ROBBERY WITH Robbery is defined with the 1. personal property  prohibited articles
VIOLENCE OR taking of another’s personal belonging to another may be the subject
INTIMIDATION OF property, with intent to gain, by 2. unlawful taking of such matter of robbery
PERSONS means of violence against or property  possession of stolen
intimidation of any person, or 3. intent to gain property is sufficient
using force upon anything. 4. violence against or to constitute robbery
intimidation of any  taking must be against
(Note: Arts. 297-302 define robbery person or force upon the owner’s will
in its different stages of commission anything  intent to gain (animus
OR its different attendant lucrandi) presumed
circumstances.) from unlawful taking
 violence or
intimidation must be
against the offended
party, NOT upon the
thing taken
 intimidation need
NOT be the threat of
bodily harm
 violence or
intimidation must be
present before the
taking of the personal
property is complete
 robbery may be
complexed with (1)
homicide, (2) rape, (3)

intentional mutilation,
(4) serious physical
injuries
 taking of personal
property need NOT be
immediately after the
intimidation
 RA 7659, which
amended RA 6539,
penalizes carnapping
with heavier penalties
 in order to appreciate
robbery as a special
complex crime, the
other felony (ie. rape)
must occur on the
occasion or by reason
of the robbery
 homicide
contemplated in Art.
294 is generic killing
 all homicides are
merged into one count
of robbery with
homicide
 treachery inherent in
murder becomes a
generic aggravating
circumstance (NO
such thing as robbery
with murder!)
 in robbery with
homicide, the intent to

gain must precede the
killing
 homicide may precede
or occur after the
robbery
 robbery with homicide
may be committed: (1)
to eliminate an
obstacle, (2) to remove
opposition or to
suppress evidence, (3)
to defend possession
of stolen goods, (4) to
escape after the
commission of the
robbery, (5) to kill co-
robbers, (6) if death
supervened by mere
accident
 ALL who participated
as principals in
robbery are also liable
as principals in
robbery with homicide
 NO crime of robbery
with attempted rape
 additional rapes DO
NOT increase the
penalty
 when rape and
homicide co-exist in

robbery, rape becomes

aggravating
297 ATTEMPTED AND cf. definition in Art. 296 cf. general elements in Art. 296  penalty is the same for
FRUSTRATED ROBBERY attempted and
frustrated robbery
with homicide unless
qualified by treachery
or relationship
 Art. 294 and 297
(robbery with
homicide,
attempted/frustrated
robbery with
homicide) are special
complex crimes
298 EXECUTION OF DEEDS cf. definition in Art. 296 1. intent to defraud  NOT applicable to
BY VIOLENCE OR another void documents
INTIMIDATION 2. offender compels
another to sign, execute
or deliver any public
instrument or
document
3. compulsion via violence
or intimidation
299 ROBBERY IN AN cf. definition in Art. 296 1. offender entered (1) an  there must be a clear
INHABITED HOUSE, inhabited place, (2) intention to take
PUBLIC BUILDING, public building, (3) personal property
EDIFICE FOR WORSHIP edifice devoted to belonging to another
religious worship  inhabited house:
2. entrance was effected shelter, ship or vessel,
by any of the following dwelling of 1 or more
means: (1) openings not persons
intended for entrance or  public building:

egress, (2) breaking any building owned, used,
wall, roof, floor, door or rented by the
window, (3) false keys, Government
picklocks, (4) fictitious  any of the 4 means
name or pretending the must be used to enter,
exercise of public NOT get out
authority  the whole body of the
3. offender took personal culprit must be inside
property with intent to the building to
gain constitute entering
302 ROBBERY IN AN cf. definition in Art. 296 1. offender entered an  breaking padlock is
UNINHABITED PLACE uninhabited place or force upon things
building  higher penalties for
2. any of the following taking mail matter or
circumstances are large cattle
present: (1) openings  lower penalty for
not intended for taking cereals, fruits or
entrance or egress, (2) firewood (Art. 303,
breaking any wall, roof, RPC)
floor, door or window,
(3) false keys, picklocks,
(4) door, wardrobe,
chest or any sealed or
closed furniture was
broken, (5)
closed/sealed
receptacle was
removed, even if the
same was broken open
elsewhere
3. intent to gain personal

property belonging to
another
304 POSSESSION OF This crime includes unauthorized 1. possession of picklocks and
PICKLOCKS ownership of picklocks and tools similar tools
commonly used to break locks. 2. specially adopted for the
purpose of robbery
3. NO lawful cause for such
possession
306 BRIGANDAGE Brigandage is a crime committed 1. at least 4 armed persons  if any member of a
by >3 armed persons who form a 2. forming a band of robbers group carries an
band of robbers for the purpose 3. purpose: (1) highway unlicensed firearm, the
of committing robbery in the robbery, (2) kidnapping for law presumes
highway or kidnapping person ransom, (3) other purposes brigandage
for the purpose of extortion. attained by means of force  highways include city
or violence streets
307 AIDING AND ABETTING Aiding and abetting brigands are 1. band of brigands  PD 532 penalizes
BRIGANDS acts that help or protect such 2. offender knows the band brigandage
elements. to be brigands
3. any of the following acts:
(1) aids, abets or protects
them, (2) gives them
information of the
movements of the police
or Government, (3)
acquires or receives
property taken by such
brigands.
308 THEFT Theft is taking personal property 1. taking of personal property  theft is consummated
of another, with intent to gain, 2. property belongs to another when full possession is
but without violence against or 3. taking with intent to gain complete
intimidation of persons nor force 4. taking without consent  sufficient gain may be
upon things. 5. taking accomplished derived from
without violence, “borrowing” a thing

(Note: Arts. 310-311 define theft in intimidation, force upon without permission
its different attendant things  actual or real gain,
circumstances.) NOT necessary in theft
 failure to deliver lost
property is also theft
 presumption of theft
in the possession of
stolen property
 PD 581 penalizes
highgrading or theft of
gold ores or gold-
bearing rocks
 PD 401 penalizes the
use of tampered water
or electrical meters
 theft is NOT a
continuing offense
310 QUALIFIED THEFT cf. definition in Art. 309; theft is  the abuse of
qualified when it is done in abuse confidence must be
of confidence or certain items are grave
stolen (mail matter, large cattle,  theft by housemate is
etc.) NOT always qualified
 theft by laborer is NOT
qualified theft
 theft of any material or
spare part by
employees is qualified
 PD 533 penalizes cattle
rustling
 PD 1612 penalizes
fencing or profiting
from stolen property

311 THEFT OF THE cf. definition in Art. 309  theft of property from
NATIONAL LIBRARY the National Library
AND MUSEUM and Museum has a
fixed penalty
regardless of value
312 OCCUPATION OF REAL This crime involves taking 1. offender takes possession of  there is ONLY civil
PROPERTY possession of or usurping real real property or usurps real liability in the absence
property rights. property rights of violence or
2. such belong to another intimidation
3. violence/intimidation
against persons is used
4. intent to gain
313 ALTERING BOUNDARIES This crime involves changing 1. boundary marks or
OR LANDMARKS boundaries or landmarks of monuments
towns, provinces and estates. 2. altering of said landmarks
314 FRAUDULENT This crime involves absconding 1. offender is a debtor  actual prejudice is
INSOLVENCY with one’s property to the 2. offender absconds with his necessary
prejudice of one’s creditors. property  real property may be
3. prejudice to one’s creditors involved
315 ESTAFA Estafa involves defrauding or 1. offender defrauded another  deceit NOT an
swindling another of his (1) by abuse of confidence, essential requisite in
property. (2) by means of deceit estafa with abuse of
2. pecuniary damage confidence
(Note: Arts. 316-318 define estafa in  elements of estafa with
its different attendant (Note: The Notes on the right unfaithfulness: (1)
circumstances.) elaborate on the different elements of onerous obligation, (2)
specific acts of estafa.) altering substance,
quantity or quality, (3)
damage or prejudice to
another
 elements of estafa with
abuse of confidence:
(1) money, goods or
other personal
property received by
the offender in trust,
administration or
commission, (2)
misappropriation or
conversion of such, (3)
prejudice to another,
(4) demand made by
the offended party to
the offender
 criminal liability for
estafa NOT affected by
novation of contract
 elements of estafa by
taking undue
advantage of the
signature in blank: (1)
paper with signature
in blank, (2) offended
party delivered such to
the offender, (3) above
the signature, a
document was written
without consent, (4)
document creates a
liability or causes
damage
means of deceit: (1)

false pretense,
fraudulent act or
means, (2) executed
prior to or
simultaneously with
the commission of the
fraud, (3) offended
party relied on such
false pretense, etc., (4)
damage to the
offended party
postdating a check: (1)
postdated check, or a
check in payment of
an obligation, (2)
postdating a check
with NO funds in the
bank or insufficient
funds
 BP 22 penalizes
issuing bouncing
checks [Elements: (1)
issuance of check, (2)
issued to apply on
account or for value,
(3) person who issues
such check knows that
he does NOT have
sufficient funds, (4)
check is dishonored

obtaining food or
accommodation: (1)
obtaining food or
accommodation, (2)
obtaining credit by
false pretense, (3)
abandoning or
surreptitiously
removing part of
baggage without
paying
inducing to sign a
document: (1) offender
induced another to
sign a document, (2)
deceit, (3) offended
party personally
signed the document,
(4) prejudice be caused
removing, concealing
or destroying
documents: (1)
documents or other
papers, (2) offender
removed, concealed or
destroyed any of them,
(3) offender had intent
to defraud another
316 OTHER FORMS OF cf. definition in Art. 315 1. Art. 316 (1):
ESTAFA 2. immovable thing

3. representation as owner
4. execution of an act of
ownership
5. prejudice to a third person
Art. 316 (2):

1. real property
2. knowledge of encumbrance
3. express representation that
said property was free from
encumbrance
4. damage to another
Art. 316 (3):

1. offender is owner of
personal property
2. lawful possession of
another
3. wrongful taking
4. prejudice to the possessor
or third person
Art. 316 (6):

1. offender is a surety in a
bond
2. guarantee of fulfilment with
his real property
3. sells, mortgages or
encumbers such real
property
4. such acts are (1) without
express authority from the

court, (2) made before the

cancellation of the bond, (3)
before having relieved of
his obligation
317 SWINDLING A MINOR cf. definition in Art. 315 1. offender takes advantage of  real property NOT
the inexperience and included
emotions of a minor
2. induces minor to (1) assume
an obligation, (2) give
release, (3) execute a
transfer of any property
right
3. consideration is (1) loan of
money, (2) credit, (3)
personal property
4. detriment of the minor
318 OTHER DECEITS cf. definition in Art. 315  this Article
contemplates such acts
like
defrauding/damaging
another through any
other deceits or by
taking advantage of
the public’s credulity
319 REMOVAL, SALE OR This crime involves the violation 1. personal property  chattel mortgage must
PLEDGE OF MORTGAGED of the terms of the chattel mortgaged under the be registered
PROPERTY mortgage by disposing the thing Chattel Mortgage Law  removal of mortgaged
under such mortgage while it is 2. offender knows such property must be
subsisting. property is mortgaged coupled with intent to
3. removal of such mortgaged defraud
personal property  chattel mortgage may
4. permanent removal lead to estafa by
5. NO written consent means of deceit

320-326B ARSON Arson is the destruction of  RA 7659 repealed Arts.
property by means of fire. 320-326B of the RPC.
327 MALICIOUS MISCHIEF Malicious mischief is the willful 1. offender deliberately caused  if there is NO malice,
damaging of another’s property damage to the property of there is ONLY civil
for the sake of causing damage. another liability
2. act does NOT constitute
arson or other crimes
involving destruction
3. act was committed merely
for the sake of damaging
property (presupposes
motive of hate or revenge)
328 SPECIAL CASES OF Special cases of malicious
MALICIOUS MISCHIEF mischief involve (1) causing
damage to obstruct the
performance of public functions,
(2) using poisonous or corrosive
substance, (3) spreading infection
or contagion among cattle, (4)
causing damage to the property
of the National Library or
Museum or to any public
property.
330 DAMAGE AND This crime involves impairment  does NOT include
OBSTRUCTION TO of railway, telegraph or removing rails from
MEANS OF telephone lines. railway tracks
COMMUNICATION
331 DESTROYING PUBLIC This crime involves damage to
MONUMENTS statues and other useful and
ornamental public monuments.

PD 1613/RA 7659 (Law on Arson)
Destructive Arson:
1. burning an ammunition factory or establishment where explosives/inflammable materials are stored
2. edifice devoted to culture, education or social services
3. church or place of worship
4. train, airplane or aircraft
5. building for official proceedings
6. hospital, hotel, dormitory, lodging house, etc.
7. building in a populated or congested area
Special Aggravating Circumstances:

1. intent to gain
2. for the benefit of another
3. motivation by spite or hatred
4. commission by a syndicate (3 or more persons)
TITLE XI: CRIMES AGAINST CHASTITY

This Title punishes acts that defile the purity of women and the institution of marriage.

333 ADULTERY Adultery is sexual intercourse by 1. woman is married  offended party must
a married woman with a man 2. she has sexual intercourse be legally married to
NOT her husband. with a man NOT her the offender
husband  it is NOT necessary
3. man must know her to be that a valid marriage
married exists between the
husband and the
woman
 carnal relations may
be proved by
circumstantial

evidence
 each sexual
intercourse constitutes
an act of adultery
 abandonment without
justification by the
husband is only a
mitigating
circumstance
 acquittal of one of the
defendants (woman &
paramour) may not
cause an acquittal for
the other
 death of the paramour
will NOT bar
prosecution of the wife
 act of intercourse with
the wife after
adulterous intercourse
operates as an implied
pardon
334 CONCUBINAGE Concubinage is the act of keeping 1. married man  a married man is NOT
a mistress in the conjugal 2. does any of the following liable for concubinage
dwelling or having sexual acts: (1) keeping a for mere sexual
intercourse with another woman mistress in the conjugal relations with a
under scandalous circumstance dwelling, (2) having woman not his wife
by a married man. sexual intercourse under  NO evidence of
scandalous circumstances, scandalous
(3) cohabiting with a circumstance when
concubine in another spies are employed
place

3. woman must know man

to be married
335 ACTS OF Acts of lasciviousness are acts of 1. offender commits any act  kissing and embracing
LASCIVIOUSNESS lewdness directed upon any of lasciviousness a woman against her
person. 2. committed against a will are acts of
person of either sex lasciviousness when
3. done under any of the prompted by lust or
following circumstances: lewd designs
(1) victim is deprived of  moral compulsion
reason or unconscious, (2) amounting to
fraudulent machination or intimidation is
grave abuse of authority, sufficient
(3) offended party is < 12  desistance in the
years old or is demented commission of
attempted rape may
constitute acts of
lasciviousness
 NO attempted or
frustrated acts of
lasciviousness
337 QUALIFIED SEDUCTION Qualified seduction is sexual 1. offended party is a virgin  2 classes of qualified
intercourse with a virgin (12 yrs 2. over 12 and under 18 years seduction: (1)
old < age of virgin < 18 yrs old) old seduction of a virgin,
by an offender possessing moral 3. offender had sexual (2) seduction of a sister
ascendancy over her. intercourse with her or descendant
4. abuse of authority,  offenders may be
confidence or relationship persons in authority
(eg. teachers,
guardians), those with
confidence reposed in
them (eg. priest,
servant, domestic),
and those who abused

their relationship (eg.
brother, ascendant)
 deceit NOT an element
in qualified seduction
 girl’s consent NOT a
defense
338 SIMPLE SEDUCTION Simple seduction is having sexual 1. offended party is over 12,  virginity of offended
intercourse with a woman over under 18 years of age party NOT required
12 but under 18 years of age. 2. good reputation, single or  deceit may take the
widow form of unfulfilled
3. offender had sexual promise of marriage or
intercourse with her unfulfilled promise of
4. committed by means of material things
deceit  NO continuing offense
of seduction
339 CONSENTED ACTS OF Consented acts of lasciviousness 1. offender commits acts of  males cannot be the
LASCIVIOUSNESS involve acts committed by the lasciviousness offended party in this
same persons and circumstances 2. committed upon a woman crime
as those provided in Arts. 337- over 12 but under 18 years
338. of age
3. offender accomplishes the
acts by abuse of authority,
confidence, relationship or
deceit
340 CORRUPTION OF Corruption of minors involves  This provision is
MINORS facilitating the use of minors to amended by BP 92 and
satisfy the lust of another. RA 7610.
341 WHITE SLAVE TRADE White slave trade involves  This provision is
profiting from the prostitution of amended by BP 186.
women.
342 FORCIBLE ABDUCTION Forcible abduction consists of 1. abduction of a woman  married women may
taking a woman against her will 2. abduction against her will be victims of forcible
and with lewd designs. 3. presence of lewd designs abduction
 chastity of woman is
immaterial
 sexual intercourse is
NOT necessary in
forcible abduction
 forcible abduction may
be complexed with
rape
343 CONSENTED Consented abduction consists of 1. offended party is a virgin  if virgin is under 12,
ABDUCTION taking a virgin over 12 and under 2. over 12 and under 18 years crime is forcible
18 years of age with her assent of age abduction
and with lewd designs. 3. taking away must be done  offended party need
with her consent NOT be taken from
4. presence of lewd designs her house
 Art. 343 contemplates
an active physical
agency instrumental in
causing the female to
leave or abandon her
house
 consented abduction
may be complexed
with rape
TITLE XII: CRIMES AGAINST THE CIVIL STATUS OF PERSONS

This Title punishes acts that compromise the identity of persons.

347 SIMULATION OF BIRTHS This crime involves the loss of Simulation of Births  principals in simulation of

civil status through the following 1. a woman takes the child birth: (1) woman who
acts: (1) simulation of births, (2) of another as her own simulates birth, (2) person
substituting one child for who furnishes child
another, and (3) abandoning a Abandoning a Legitimate  benefit of the child NOT a
legitimate child. Child defense
1. legitimate child
2. offender conceals or
abandons child
3. intent for child to lose
civil status
348 USURPATION OF CIVIL This crime involves assuming the 1. offender does the acts in  usurpation of profession is
STATUS filiation, parental or conjugal the definition also covered in this Article
rights of another by representing  intent to enjoy rights arising
oneself as another. from civil status is essential
 purpose of defrauding the
offended party qualifies the
crime
349 BIGAMY This crime involves contracting a 1. offender is legally  first marriage must be valid
subsequent marriage, which is married  nullity of marriage is NOT
otherwise lawful, while under a 2. marriage NOT dissolved a defense in a bigamy
subsisting marriage. or absent spouse NOT charge (Persons: The nullity
presumed dead of marriage must be
3. 2nd or subsequent attacked directly, not
marriage collaterally.)
4. 2nd or subsequent  causes that may produce
marriage otherwise has legal dissolution of
validity marriage: (1) death, (2)
declaration of absolute
nullity, (3) annulment
 defense has the burden of
proof of dissolution of first
marriage
 2nd spouse is NOT
necessarily liable for
bigamy, unless he/she has
knowledge
 witness who falsely
vouched for the capacity of
either contracting parties is
an accomplice to bigamy
 a bigamy charge does not
preclude prosecution for
concubinage
350 MARRIAGES This crime involves marriages 1. offender contracted  marriages contracted by
CONTRACTED AGAINST contracted in disregard of legal marriage means of violence,
PROVISIONS OF LAW impediments. 2. knowledge of: (a) non- intimidation or fraud
compliance of legal qualify the offense
requirements, (b)  requisites for a valid
marriage was in marriage (Art 2-3, FC): (1)
disregard of a legal legal capacity, (2) consent
impediment freely given, (3) authority of
solemnizing officer, (4)
marriage license, (5)
ceremony
351 PREMATURE This crime involves marriages 1. offender contracts  this provision covers
MARRIAGES contracted 301 days within the marriages within 301 widows and women whose
legal dissolution of a previous days after the legal previous marriages have
one. dissolution of a previous been annulled
one due to death,
declaration of absolute
nullity or annulment
352 PERFORMANCE OF This crime involves solemnizing 1. offender is a solemnizing  offender must be
ILLEGAL MARRIAGE officers who knowingly officer authorized to solemnize

CEREMONY authorizes marriages which are 2. offender knowingly marriages
in disregard of legal solemnizes marriage in
impediments. disregard of a legal
impediment
TITLE XIII: CRIMES AGAINST HONOR

This Title punishes acts that impugn the reputation and good name of persons.

355 LIBEL Libel is a defamation coursed Elements of Defamation:  libel: public and
through the mass media 1. imputation of (a) criminal malicious imputation
(newspapers, radio, plays, etc.) act, (b) vice or defect, (c) of a crime, vice or
act or omission, (d) defect, real or
condition, status or imaginary, or any act,
circumstance condition, status or
2. publicity circumstance tending
3. malice to cause the
4. directed to a person or dishonour, discredit or
one who is dead contempt of a natural
5. tendency to cause or juridical person, or
dishonor, discredit or to blacken the memory
contempt of one who is dead
(Art. 353, RPC)
 test of defamatory
character: constructing
words in their entirety
and in their plain
meaning
 meaning of the writer

is immaterial
 publication:
communication of
defamatory matter to
some third person or
persons
 malice must be
proved, either in fact
(based from proof of ill
will) or in law
(presumed in a
defamatory
imputation)
 identification of
injured party essential
 EXCEPTIONS for
defamatory
imputation: (1) private
communication in the
performance of duty,
(2) fair and true report
356 THREAT TO PUBLISH This crime involves (1) 1. offender does any of the
threatening another to publish a acts in the definition
libel, (2) offering to prevent
publication for compensation.
357 PROHIBITED This crime involves the 1. offender is a reporter,  a source of a news
PUBLICATION publication of acts referred in the editor or manager report may NOT be
course of official proceedings 2. publication of facts about revealed
the private life of another
3. facts are offensive to the
honor, virtue and
reputation of the said

person
358 SLANDER This crime involves oral cf. elements of defamation  slander: oral
defamation of another. defamation
 two kinds, simple and
grave slander
 need NOT be heard by
the offended party
359 SLANDER BY DEED This crime involves defamation 1. offender performs any  slapping the face of
through acts that cast dishonor, act NOT included in another/kissing
discredit or contempt to another. crimes against honor another in public may
2. such act is performed in be slander by deed if
public the intention is to
3. act casts dishonor, humiliate
discredit or contempt to
another
363 INCRIMINATING This crime involves machinations 1. offender performs an act  limited to “planting”
INNOCENT PERSONS made against innocent persons. 2. act directly incriminates evidence and similar
or imputes to an innocent behavior
person the commission of
a crime
3. act does not constitute
perjury
364 INTRIGUING AGAINST This crime involves schemes or 1. offender does the acts in
HONOR plots that sow intrigue upon the the definition
character and reputation of
persons.
TITLE XIV: QUASI-OFFENSES

This Title punishes imprudence and negligence that result to material damage and injuries.


365 IMPRUDENCE AND Imprudence and negligence are Reckless Imprudence  negligent acts that cause
NEGLIGENCE NOT crimes in themselves; these 4. offender does or fails to damage may produce civil
are ways in which crimes are do an act liability arising from crime
committed. Both refer to a lack of 5. doing/failure to do is or an action for quasi-delict
precaution which result to voluntary under the Civil Code (Art.
injurious consequences. 6. without malice 1170, CC: culpa contractual,
7. inexcusable lack of Art. 2176, CC: culpa
precaution, taking into aquiliana)
consideration: (a)  imprudence: deficiency of
employment or action
occupation, (b) degree of  negligence: deficiency of
intelligence, physical perception
condition, (c) other  test of negligence involves a
circumstances regarding reasonable foresight of
persons, time and place harm by a prudent person
 reckless imprudence is
Simple Imprudence NOT equivalent to the
1. lack of precaution on the concept of force majeure,
part of the offender which refers to an
2. damage impending to be unforeseeable event
cause is NOT immediate  material damage must
or the danger is not result as a result of reckless
clearly manifest or simple imprudence
 Art. 64 relative to
mitigating and aggravating
circumstances is NOT
applicable to crimes
committed through
negligence
 contributory negligence
mitigates criminal liability
 last clear chance: whoever

has the opportunity to
avoid the consequences of
negligence must exercise
reasonable care and
prudence
 emergency rule: rules for
negligence are relaxed for
emergency situations
 failing to lend help is a
qualifying circumstance


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Criminal Law 2 Reviewer 1

CRIMINAL LAW 2 REVIEWER

TITLE I: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

ARTICLE FELONY DEFINITION ELEMENTS NOTES

CRIMINAL LAW 2 REVIEWER

 Proposal happens when a

CRIMINAL LAW 2 REVIEWER

b. possession of information violators of the law

CRIMINAL LAW 2 REVIEWER

Philippines to a nation at war 2. offender owes allegiance to

TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

ARTICLE FELONY DEFINITION ELEMENTS NOTES

CRIMINAL LAW 2 REVIEWER

grounds violent insanity/ailment

proceedings for a petition for reason, delays such release

CRIMINAL LAW 2 REVIEWER

feelings of the faithful. religious worship or (2) scoff or damage an object of

TITLE III: CRIMES AGAINST PUBLIC ORDER

ARTICLE FELONY DEFINITION ELEMENTS NOTES

2. a swift attack accompanied active part in order to be

CRIMINAL LAW 2 REVIEWER

sedition. 2. he incites others to the by Art. 142

meetings, (2) expressing from arrest for a crime

CRIMINAL LAW 2 REVIEWER

sedition, (2) without public purposes of rebellion or  nonetheless, if the

3. offender lays hands on a  self-defense is valid if

CRIMINAL LAW 2 REVIEWER

3. malicious publishing of publications without

using picklocks, false

CRIMINAL LAW 2 REVIEWER

HUMAN SECURITY ACT OF 2007 (RA 9372)

6. Art. 324, Crimes Involving Destruction, or under

TITLE IV: CRIMES AGAINST PUBLIC INTEREST

ARTICLE FELONY DEFINITION ELEMENTS NOTES

CRIMINAL LAW 2 REVIEWER

or uttered such coins current at a certain

CRIMINAL LAW 2 REVIEWER

possession for intended possessor as material

a person, (4) untruthful intercalation

CRIMINAL LAW 2 REVIEWER

3. caused damage/intended (ie. letters of

complexed with other

CRIMINAL LAW 2 REVIEWER

Art. 173 (2): use of falsified

 Art. 177 may also be

CRIMINAL LAW 2 REVIEWER

falsehood  affidavit: sworn

Cause Bidders to Stay Away:

188-189 UNFAIR COMPETITION,  Art. 188-189 are

TITLE V: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

Acts Punished Under RA 9165:

When Maximum Penalty is Imposed:

CRIMINAL LAW 2 REVIEWER

TITLE VI: CRIMES AGAINST PUBLIC MORALS

ARTICLE FELONY DEFINITION ELEMENTS NOTES

whose minds are open to

PD 1602 (Prescribing Stiffer Penalties in Illegal Gambling)