Criminal Law 2 PDF

Atty. Ma.
Tiffany Tabuada Cabigon
CRIMINAL LAW II
Atty. Ma. Tiffany Tabuada Cabigon
Security
Crimes Against National
ARTICLE 115. Treason
Elements:
1.That the offender is a Filipino
citizen or an alien residing in the
Philippines;
2. That there is a war in which the
Philippines is involved;
3. That the offender either-
•  levies war against the Government
(giving information); or
•  adheres to the enemies giving

them aid or comfort (furnishing
arms or supplies)
Two witness rule
ARTICLE 116. Conspiracy and Proposal to
Commit Treason
1. Filipino Citizens; or
2. Resident Aliens
Proposal or conspiracy to commit treason is committed

by Filipino citizen or resident alien, who has decided to
commit treason and proposes its execution to some
person or persons.
DOCTRINE OF ABSORPTION: if the person to whom the

proposal is made actually commits the crime of treason,
said person and the proponent is also considered as
principal by inducement; the conspirators could not be
separately held liable for conspiracy to commit treason
since treason absorbs the crime of conspiracy to commit
treason; conspiracy in this case is just a mode of
committing treason
-can be committed both during wartime and peacetime

ARTICLE 116. Conspiracy and Proposal to
Commit Treason
1.  Filipino Citizens; or
2.  Resident Aliens
Proposal or conspiracy to commit treason is committed by
Filipino citizen or resident alien, who has decided to
commit treason and proposes its execution to some
person or persons.
DOCTRINE OF ABSORPTION: if the person to whom the

proposal is made actually commits the crime of treason,
said person and the proponent is also considered as
principal by inducement; the conspirators could not be
separately held liable for conspiracy to commit treason
since treason absorbs the crime of conspiracy to commit
treason; conspiracy in this case is just a mode of
committing treason
-can be committed both during wartime and peacetime
-2 witness rule does not apply: separate and distinct crime

from treason
Atty. Ma. Tiffany Tabuada Cabigon ARTICLE 117. Misprison of Treason
“failure to disclose conspiracy to commit
treason”
Elements:
1-that the offender must be owing allegiance
to the Government, not a foreigner;
2-that he has knowledge of any conspiracy to

commit treason against the Government;
3-that he conceals or does not disclose and

make known the same as soon as possible to
the governor or fiscal of the province or mayor
or fiscal of the city where he resides
² misprison of treason cannot be committed
without conspiracy to commit treason;
misprison of treason is failure to report
conspiracy to commit treason, and not failure
to report the crime of treason
*  if there is "no conspiracy to commit
treason"; there is "no misprison of
treason”
*  failure of a priest to disclose information

given by a confessant pertaining to
conspiracy to commit rebellion is not
punishable; his non-disclosure of such
information is due to insuperable cause,
which is a exempting circumstance, since
confession is confidential, and he has an
obligation to the Church not to reveal the
same
Atty. Ma. Tiffany Tabuada Cabigon Elements:
1-that the offender enters any of the
places mentioned therein;
§ warship,
§ fort, or
§ naval, or
§ military establishment, or
§ reservation
2-that he has no authority therefor;
3-that his purpose is to obtain information,
plans, photographs or other data of a
confidential nature relative to the defense
of the Philippines
4-there must be an intention to obtain
information relative to the defense of the
Philippines: if he has no intention, he
cannot be held liable under this provision
-it is not necessary that the information

is obtained
² by disclosing to the representative
of a foreign nation the contents of
articles, data or information
referred to in paragraph No. 1 of
Article 117, which he has in his
possession by reason of the public
officer he holds.
Elements:
1.  that the offender is a public officer;
2.  that he has in his possession the
articles, data or information referred
to in paragraph no. 1 of Article 117, by
reason of the public office he holds;
3.  that he discloses their contents to a
representative of a foreign nation.
Atty. Ma. Tiffany Tabuada Cabigon Three Ways of Committing Arbitrary
Detention
* ARTICLE 124: BY DETAINING A
PERSON WITHOUT ANY LEGAL
CAUSE OR GROUND THEREFOR
PURPOSELY TO RESTRAIN HIS
LIBERTY;
* ARTICLE125: BY DELAYING THE

DELIVERY TO PROPER JUDICIAL
AUTHORITY OF A PERSON
LAWFULLY ARRESTED WITHOUT A
WARRANT;
* ARTICLE 126: DELAYING RELEASE

OF A PRISONER
Atty. Ma. Tiffany Tabuada Cabigon ARTICLE 124. Arbitrary Detention
Elements:
1.  that the offender is a public officer
or employee;
2.  that he detains a person;
3.  that the detention is without legal
grounds
legal grounds for detention:

* the commission of a crime; or
* violent insanity; or
* any other ailment requiring the
compulsory confinement of
the patient in a hospital
Atty. Ma. Tiffany Tabuada Cabigon by lawful warrantless arrest: (applies
to both peace officer and a private
person)
* when, in his presence, the person to be
arrested has committed, is actually
committing, or is attempting to commit an
offense;
* w h e n an offense has just been
committed, and he has probable cause
to believe based on personal knowledge
of facts and circumstances that the
person to be arrested has committed it;
and
* when the person to be arrested is a
prisoner who has escaped from a penal
establishment or a place where he is
serving final judgment or is temporarily
confined while his case is pending, or has
escaped while being transferred from one
confinement to another
* When a police officer is not liable for

arbitrary detention: at about
midnight, 3 persons acting
suspiciously entered an uninhabited
house; good people do not
ordinarily lurk about streets and
uninhabited premises at midnight
Article 125. Delay in the delivery of detained
persons to the proper judicial authorities.
Elements:
1. that the offender is a public officer or
employee;
2. that he has detained a person for some
legal ground;
3. that he fails to deliver such person to
proper judicial authorities within:
q 12 hours, for crimes or offenses punishable
by light penalties, or their equivalent;
by correctional penalties, or their
equivalent; or
by afflictive or capital penalties, or their
equivalent
Atty. Ma. Tiffany Tabuada Cabigon * mustbe detained for some legal
grounds; if without legal grounds;
the crime committed is "arbitrary
detention"
* illegal parking: arresting a person for
"illegal parking" is considered as
arbitrary detention; since the
penalty for illegal parking should
only be "fine”
* does not necessarily mean physical
delivery: delivery is the making an
accusation or charge or filing of an
information against him with the
corresponding court, whereby the
latter acquires jurisdiction to issue an
order of release or of commitment
of the prisoner
* waiver must be valid: must be in
writing and signed in the presence

of a counsel; if the waiver is invalid,
the police officer can be charged
of arbitrary detention
* delay in the delivery of persons to

proper judicial authorities will not
affect the charges against drugs:
the accused for possession of
dangerous drugs cannot rely on the
administrative shortcomings of the
police officers to get a judgment of
acquittal; it does not diminish the
fact that drugs were found in his
possession
Article 126. Delaying Release
Elements:
1. that the offender is a public officer or
employee;
2. that there is a judicial or executive order
for the release of a prisoner or detention
prisoner, or that there is a proceeding upon
a petition for the liberation of such person;
3. that the offender without good reason
delays:
o the service of the notice of such order to
the prisoner; or
o the performance of such judicial or
executive order for the release of the
prisoner; or
o the proceedings upon a petition for the
release of such person
Article 127. Expulsion
Acts Punishable:
1.  by expelling a person from the
Philippines;
2.  by compelling a person to change
his residence.
Elements:
or employee;
2.  that he expels any person from the
Philippines, or compels a person to
change his residence
3.  thatthe offender is not authorized
to do so by law
Villavicencio v. Lukban:
prostitutes are not chattels but
human beings protected by the
Constitutional guarantees such
as the provision on "liberty of
abode; the Mayor could not
even for praiseworthy of motives
render the liberty of the citizens
so insecure; no official, no matter
how high, is above the law.
Article 128. Violation of domicile
Acts punished:
1.  by entering any dwelling against the will of
the owner thereof; or
2.  by searching papers or other effects found
therein without the previous consent of
such owner; or
3.  by refusing to leave the premises, after
having surreptitiously entered said
dwelling and after having been required
to leave the same.
Elements common to 3 acts:

1.  that the offender is a public officer or
employee;
2.  that he is not authorized by judicial order
to enter the dwelling and/or to make a
search therein for papers or other effects
violation of the Constitutional rights of
the accused to be secured in his house,
papers and effects against

unreasonable search; public officer
must be acting in its official capacity
* XPN: if the private individual conspires
with the public officer; the act of the
public officer in committing violation of
domicile is imputable to the private
individual although they are not similarly
situated
committed by a public officer if his
purpose is to violate the domicile of
another
* policeofficer entered the dwelling of the
victim to purposely rape her; violation of
domicile is not committed since the entry
was made to rape the victim in his private
capacity; the entry was made not in
connection with his duty
Article 129. Search warrants maliciously obtained
and abuse in the service of those legally
obtained
Acts punishable:
1.  by procuring a search warrant without
just cause;
2.  by exceeding his authority or by using
unnecessary severity in executing a
search warrant legally procured.
Elements:
employee;
2.  that he has legally procured a search
warrant;
3.  that he exceeds his authority or uses
unnecessary severity in executing the
same.
Acts punishable:
1.  by procuring a search
warrant without
just cause;
2.  by exceeding his authority or by using
unnecessary severity in executing a
search warrant legally procured.
Elements:
1.  the offender is a public officer or
employee;
2.  that he procures a search warrant;
3.  that there is no just cause.
Search warrant: is an order in writing

issued in the name of the People of the
Philippines, signed by a judge and directed to
a peace officer, commanding him to search
for personal property described therein and
bring it before the court.
Article 130. Searching domicile without
witnesses
Elements:
employee;
2.  that he is armed with search warrant
legally procured;
3.  that he searched the domicile, papers or
other belongings of any person;
4.  that the owner, or any member of his
family, or 2 witnesses residing in the same
locality is not present.
* a public officer may commit violation of

domicile although he is provided with a
search warrant in cases of abuse in the
service of search warrants or searching
domicile without witnessed
Article 132. Interruption of religious worship
Elements:
or employee;
2.  thatthe religious ceremonies or
manifestations of any religion are
about to take place or are going
on;
3.  that the offender prevents or
disturbs the same.
Article 133. Offending the religious feelings
Elements:
1. that the acts complained of were
performed
§ in
a place devoted to religious
worship; or
§ d uring the celebration of any
religious ceremony
2. that the acts must be notoriously

offensive to the feelings of the faithful
Article 134. Rebellion or insurrection; How
committed. –
Elements:
1.  that
there be (a) public uprising, and
(b) taking arms against the
Government;
2.  that
the purpose of the uprising or
movement is either-
to remove from the allegiance to said
Government or its laws:
* the territory of the Philippines or any part
thereof; or
* any body of land, naval or other armed
forces; or to deprive the Chief Executive
or Congress, wholly or partially of any of
their powers or prerogatives.
Article 134-A. Coup d'etat; How committed.
The crime of coup d'etat is

a
Ø swift attack accompanied by
Ø violence,
Ø intimidation,
Ø threat,
Ø strategy or
Ø stealth,
Atty. Ma. Tiffany Tabuada Cabigon directed against
§ dulyconstituted authorities of the
Republic of the Philippines, or
§ any military camp or installation,
§ communications network,
§ public utilities or
§ other facilities needed for the exercise
and continued possession of power,
singly or simultaneously carried out
anywhere in the Philippines by any
person or persons, belonging to the
* military or
* police or
* h o l d i n g
any public office of
employment with or without civilian
support or participation for the
purpose of seizing or diminishing state
power. (As amended by R.A. 6968).
* swift
attack by military men: military
troops headed by Col. Amparo,
withdrew firearms and bullets and
attacked the offices of the Chief of
Staff, and other offices, held hostage
the Chief of Staff, killed 3 soldiers,
inverted the Philippine flag,
barricaded all entrances and exits of
the camp, and announced complete
control of the camp
* t hey used the rooms and other

facilities of the hotel, ate all the
available food they found, and
detained some hotel guests; facility is
needed for the exercise and
continued possession of power
* swift
attack by military men: military
troops headed by Col. Amparo,
withdrew firearms and bullets and
attacked the offices of the Chief of
Staff, and other offices, held hostage
the Chief of Staff, killed 3 soldiers,
inverted the Philippine flag,
barricaded all entrances and exits of
the camp, and announced complete
control of the camp
* t hey used the rooms and other

facilities of the hotel, ate all the
available food they found, and
detained some hotel guests; facility is
needed for the exercise and
continued possession of power
Article 136. Conspiracy and proposal to commit coup
d'etat, rebellion or insurrection. –
(there is no crime of proposal to commit sedition)
* Proposal to commit rebellion or coup

d'etat: is committed by any person,
who has decided to commit rebellion
or coup d'etat and proposes its
execution to some other person or
persons.
* Conspiracy to commit rebellion, or

coup d'etat: is committed by 2 or
more persons, who come to an
agreement concerning the
commission of rebellion, or coup
d'etat and "decide to commit it"
Atty. Ma. Tiffany Tabuada Cabigon Article 137. Disloyalty of public officers or
employees. -
* The penalty of prision correccional in

its minimum period shall be imposed
upon public officers or employees
who have
* failed to resist a rebellion by all the means

in their power; or
* shallcontinue to discharge the duties of

their offices under the control of the
rebels; or
* shall accept appointment to office under

them. (Reinstated by E.O. No. 187).
* not punishable: disloyalty of public

officer in treason, coup d'etat, and
sedition
* must not conspired with the rebels:

the public officer who performs
any of the acts of disloyalty should
not be in conspiracy with the
rebels; otherwise, he will be guilty
of rebellion, not merely disloyalty,
because in conspiracy, the act of
on is the act of all
Article 138. Inciting a rebellion or insurrection. -
vs. inciting to sedition
The penalty of prision mayor in its
minimum period shall be imposed
upon any person who,
* without taking arms or
* being in open hostility against the
Government, shall incite others to
the execution of any of the acts
specified in article 134 of this Code,
* by means of speeches,
proclamations, writings,
emblems, banners or other
representations tending to
the same end. (Reinstated
by E.O. No. 187).
* Elements: (aid) arms,

incites, done
* thatthe offender does not take
arms or is not part in open hostility
against the Government;
* that
he incites to the execution of
any acts of rebellion;
* that the inciting is done by means
of speeches, proclamations,
writings, emblems, banners or other
representations tending to the
same end
§ theencounter between the policemen in Manila
and Constabulary soldiers resulted in the death of
a constabulary private; this encounter
engendered a deep feeling of resentment on the
part of the soldiers
§ equality between the rich and the poor (sedition):

according to them, if the wealthy landowners
continued oppressing the poor they would not
stop disturbing the towns; the object of public
and tumultuous uprising is to inflict an act of hate
and revenge upon private person
§ sedition: (purpose is to inflict an act of hate or

revenge upon the person or property of a public
official) to eliminate his political rival, the
incumbent mayor, in the coming election, his
political rival, the incumbent mayor, in the coming
election, accused with others raided, burned,
looted and robbed stores and houses including
that of the mayor, and killed and wounded
several persons
Atty. Ma. Tiffany Tabuada Cabigon Article 141. Conspiracy to commit sedition. –
(there is no crime of proposal to commit sedition)
conspiracy to commit sedition: Jose and Pedro
proposed to the former soldiers that they
recruit their comrades and organize a group of
100 for the purpose of challenging the
government by force of arms in order to
prevent the implementation of the Land
Reform Law; Pedro and the former soldiers
agreed and decided to rise publicly and
tumultuously and by means of force,
intimidation to prevent the promulgation or
execution of any law
proposal to commit
1.  treason;
2.  rebellion;
3.  coup d'etat
Article 146. Illegal assemblies. -
What are illegal assemblies?
1.  purpose of committing any of the
crimes punishable under this Code,
or
2.  of any meeting in which the

audience is incited to the
commission of the crime of treason,
rebellion or insurrection, sedition or
assault upon a person in authority or
his agents. Persons merely present at
such meeting shall suffer the penalty
of arresto mayor, unless they are
armed, in which case the penalty
What are illegal assemblies?
They are:
§ any meeting attended by armed persons
for the purpose of committing any of the
crimes punishable under the Code
Requisites:
1.  that there is a meeting, a gathering, or
group of persons, whether in a fixed
place or moving;
2.  that the meeting is attended by armed
persons;
3.  that the purpose of the meeting is to
commit any of the crimes punishable
under the Code
Atty. Ma. Tiffany Tabuada Cabigon § any meeting in which the audience,
whether armed or not, is incited to the
commission of the crime of treason,
rebellion, or insurrection, sedition, or
assault upon a person in authority or
his agents
Requisites:
1. that there is a meeting, gathering, or
group of persons, whether in a fixed place or
moving;
2. that the audience, whether armed or not,

is incited to the commission of the crime of
treason, rebellion or insurrection, sedition or
direct assault
1- illegal assembly organized to incite/
the audience must be incited: essential
element of the crime-if the meeting is
organized for the purpose of inciting
the audience to commit treason,
rebellion, sedition or direct assault
* if the armed men who attended the
assembly are intelligence PNP operatives:
the crime is not illegal assembly since no
audience were incited; the crime
committed is inciting to sedition
* audience: armed and unarmed persons,
who were merely present at the meeting,
are also criminally liable for illegal
assemblies
* persons armed with "unlicensed firearm": is
considered as the leader or organizer of
the meeting even though he was merely
present thereat
Atty. Ma. Tiffany Tabuada Cabigon 2- illegal assembly organized
to commit a felony:

•  if the meeting organized for the
purpose of committing a felony
(not acts punishable under special
law): is attended by armed men
•  it is not necessary that all of them

are armed; nor it is needed that
the felony, which is the agenda of
the meeting, is treason, rebellion,
sedition or direct assault; neither is
the audience required to be
incited to commit a crime
Article 147. Illegal associations. -
What are illegal associations?

They are:
  As s oci ati ons total l y or parti al l y
organized for the purpose of
committing any of the crimes
punishable under the Code;
  As s oci ati ons total l y or parti al l y
organized for some purpose contrary
to public morals
Persons liable for illegal

association:
  founders, directors, and president of
the association;
  mere members of the association
Article 148. Direct assaults. -
two ways of committing the
crime of direct assault:
1.  without public uprising, by employing
force or intimidation for the attainment
of any of the purposes enumerated in
defining the crimes of rebellion and
sedition;
2.  without any public uprising, by

attacking, employing force, or by
seriously intimidating or seriously resisting
any person in authority or any of its
agents, while engaged in the
performance of official duties, or on the
occasion of such performance
Direct Assault is qualified:

1. w h e nthe assault is
committed with a weapon;
or
2. when the offender is a public
officer or employee; or
3. w hen the offender lays
hands upon a person in
authority
* 1 s tmode of direct assault:
tantamount to rebellion or sedition,
without the element of public
uprising; if 4 persons prevented by force
the holding of a popular election in certain
precincts he may be held liable for direct
assault in the 1st form not sedition since
the element of "public uprising" is not
present
* direct
assault with murder is committed: if
a person assassinated the President for
purpose of deprivation of executive
power; rebellion is not committed because
the element of public uprising is not
present
* "person in authority" v. “agent of a

person in authority”
Atty. Ma. Tiffany Tabuada Cabigon * m ust be committed while in the
per for mance of his duty or on
occasion thereof; if the policeman is
on his way to buy lotto tickets, he is not
performing his official duties (physical
injuries may have been committed)
* engaged in the performance of duty:

when a barangay chairman was
presiding over a meeting regarding
cleanliness of the community, he was
immediately assaulted by his creditor,
whom he has not paid for a long time
despite his repeated promises to pay;
still direct assault even though the
motive behind the assault is personal
since he was engaged in the
performance of his duty at the time of
the assault
§  if the person in authority or his agent is
engaged in the actual performance of
duties at the time of the assault: the motive
for the performance of duties at the time of
the assault, the motive for the assault is
immaterial
§  not in the actual performance of duty: the

motive must be by reason of the
performance of the official duties; if not, the
crime is physical injuries
§  retired judge: attacking a judge while

celebrating his 71st birthday by reason of his
part performance is no longer direct assault:
since a retired Judge is no longer a person in
authority; xpn: if a Judge was assaulted by
reason of the past performance of his duty as
a "lawyer"; then the crime committed is
"direct assault”
* serious or simple assault: the modes of
committing direct assault are attacking,
employing force, seriously intimidating
or resisting a person in authority or his
agents
* simple resistance: simple attack or

employment of force against an agent
of person in authority while engaged in
the performance of duty/
§  simple intimidation against a person in
authority while engaged in the
performance of duty or on occasion
thereof: only simple resistance and not
direct assault; no intent to defy the
law and its representatives at all
hazard
* d irect assault: serious attack or
employment of force with intent to defy
the law and its representatives at all
hazard against agent of person in
authority/
* serious
intimidation with intent to defy
the law at all hazards against an agent
of person in authority while he is
engaged in the performance of duty
* directassault: a detention prisoner,

who escaped from prison by disarming
the guards with the use of pistol
* e vasion of service of sentence: a
"convicted prisoner" who escaped from
prison by disarming the guard; qualifying

circumstance of the use of intimidation;
direct assault is absorbed
* assaultinga person in authority: laying of
hands, whether simple or serious, upon a
person in authority while engaged in the
thereof constitutes "qualified direct assault”
* qualified
direct assault: accused struck
the Judge, who previously cited him in
contempt, on the street;
* q ualified direct assault: punching a
barangay chairman who was doing his
duty to maintain his peace and order; but if
the victim is a barangay tanod, the crime is
only simple resistance
* serious intimidation upon a person in
authority while engaged in the
thereof constitutes direct assault
* laying of hands, whether simple or
serious, upon a person in authority
while engaged in the performance of
duties or on occasion thereof is
qualified direct assault: the law does
not distinguish between simple and
serious laying of hands upon a person
in authority
* o r a l
defamation: standing with
clenched fists before a head teacher
and shouting defamatory words at her
during a meeting of the Parent's
Teachers Association
* direct assault can be complexed with
other crimes: direct assault with serious
physical injuries
Article 149. Indirect assaults. –
Elements:
1.  that a person in authority or his agent is
the victim of any of the forms of direct
assault as defined in Article 148;
2.  that a person comes to the aid of such

authority or his agent;
3.  that the offender makes use of force or

intimidation upon such person coming to
the aid of the authority or his agent
* assaultinga third person who is an
agent of person in authority, is direct
assault upon an agent
* t e a c h e r
was assaulted while
conducting her class and the student
comes to her aid: the teacher is a
person in authority while the student is
an agent of person in authority: the
crime committed against the teacher is
qualified direct assault; while direct
assault is committed against the
student
* note: a teacher or lawyer who comes

to aid of a mayor, shall be deemed a
person in authority under paragraph 2
of Article 152
* a lawyer who was preventing his client from
further assaulting the judge who convicted
him is performing his duty as an officer of
the court; hence, assaulting the lawyer,
who comes to the aid of the judge, is
"qualified direct assault upon a person in
authority”
* a third person comes to the aid of a

barangay chairman, who was inflicted with
serious physical injuries injuries while
conducting a barangay meeting; the
offender also assaulted the 3rd person: by
providing aid, the 3rd person shall be
deemed an agent of a chairman; the
crime committed against the chairman is a
complex crime of direct assault upon a
person in authority with serious physical
injuries while against the third person is
direct assault upon an agent of a person in
authority
* third person who comes to the
aid of an agent of a person in

authority: attacking a third person
who comes to the aid of an agent
of person in authority, who is a
victim of direct assault, is liable for
"indirect assault"; attacking a third
person who comes to the aid of an
agent of person in authority, who is
a victim of simple resistance, is liable
for physical injuries
Article 153. Tumults and other disturbance of
public orders
What are tumults and other disturbance
of public order?
They are:
1  causing any serious disturbance in a
public place, office or establishment;
2  interrupting or disturbing performances,
functions, or gatherings, or peaceful
meetings, if the act is not included in
Article 131 and 132;
3  making any outcry tending to incite
rebellion or sedition in any meeting,
association or public place;
4  displaying placards or emblems which
provoke a disturbance or public order in
such place;
5  burying with pomp the body of a person
who has been legally executed
Atty. Ma. Tiffany Tabuada Cabigon Article 154. Unlawful use of means of
publication and unlawful utterances. -
1.  Any person who by means of
printing, lithography, or any other
means of publication shall publish or
cause to be published as news any
false news which may endanger the
public order, or cause damage to
the interest or credit of the State;
2.  Any person who by the same
means, or by words, utterances or
speeches shall encourage
disobedience to the law or to the
constituted authorities or praise,
justify, or extol any act punished by
law;
3.  Any person who shall maliciously
publish or cause to be published
any official resolution or document
without proper authority, or before
they have been published
officially; or
4.  Any person who shall print, publish,

or distribute or cause to be
printed, published, or distributed
books, pamphlets, periodicals, or
leaflets which do not bear the real
printer's name, or which are
classified as anonymous.
Article 155. Alarms and scandals. -
1.  Any person who within any town or public

place, shall discharge any firearm, rocket,
firecracker, or other explosives calculated
to cause alarm or danger;
2.  Any person who shall instigate or take an
active part in any charivari or other
disorderly meeting offensive to another or
prejudicial to public tranquility;
3.  Any person who, while wandering about at
night or while engaged in any other
nocturnal amusements, shall disturb the
public peace; or
4.  Any person who, while intoxicated or
otherwise, shall cause any disturbance or
scandal in public places, provided that the
circumstances of the case shall not make
the provisions of Article 153 applicable.
•  the discharge of firecrackers and explosives
must be committed in public place;
however, this crime can also be committed
is a private place provided that it is located
in town and it produces alarm or danger
•  discharge of firearm in uninhabited forest is

not a crime
•  alarm and scandal is an intentional felony: it

must be committed with criminal evil intent;
discharging firecrackers constitutive of the
crime of alarm and sandal because there is
lack of criminal intent to produce danger or
alarm
•  charivari: the term "charivari" includes a

medley of discordant voices, a mock,
serenade of discordant noises made on
kettles, tins, horns, etc., designed to annoy
and insult
Article 156. Delivery of prisoners from jails. -
(involves detention prisoner and convicted prisoner)
1.  upon any person who shall remove
from any jail or penal establishment any
person confined therein or
2.  shall help the escape of such person,

by means of violence, intimidation, or
bribery.

•  If the escape of the prisoner shall take
place outside of said establishments by
taking the guards by surprise, the same
penalties shall be imposed in their
minimum period. (committed by an
outsider, who removes from jail any
person therein confined or helped him
escape)
Atty. Ma. Tiffany Tabuada Cabigon Elements:
1.  that there is a person confined in a jail or
penal establishment;
2.  that the offender removes therefrom

such person, or helps the escape of such
person

substitution: a person who substituted a
prisoner by taking his place in jail; removal
of the prisoner from jail by means of
"deceit”
furnishing a weapon: one who furnishes a
detention prisoner with a material means or
tools which greatly facilitate his escape;
providing pistol which helped the prisoner
to escape is delivery of prisoner from jail;
can be committed outside of the penal
establishment
Article 157. Evasion of service of sentence. -
continuing crime;
xpn: destierro: the venue is where he is prohibited to enter

•  serving sentence by final judgment:
cannot be committed by a detention
prisoner; the judgment is not yet final
if the reglementary period to appeal
has not yet elapsed or the sentence
of his conviction was under appeal
• 
•  direct assault and not evasion of

service of sentence: if a detention
prisoner disarmed the guards with the
use of pistol manifests criminal
intention to defy the law and its
representative at all hazard
destierro: is a deprivation of liberty
considering that the convict is deprived of the
liberty to enter for a period of time the
prohibited place designated by the court;
escaping the restrictions of the penalty of
destierro by entering the prohibited place is
constitutive of evasion of service of sentence
R.A. No. 9165: any alien offender after service

of sentence shall be deported immediately
without further proceedings; deportation: as a
penalty consists of deprivation of liberty
because the deportee is deprived of his
liberty from staying in this country; it is
submitted that an alien, who violated his
penalty for deportation, is liable for evasion of
service of sentence
continuing crime; xpn: destierro: the venue is

where he is prohibited to enter
Elements:
1. that the offender is a convict
by final judgment;
2. that he is serving his sentence

which consists of deprivation
of liberty;
3. that he evades the service of

his sentence by escaping
during the term of his
sentence
Article 223. Conniving with or consenting to
evasion. -
Elements:
2.  that he had in his custody or
charge, a prisoner, either detention
prisoner or prisoner by final
judgment;
3.  that the prisoner escaped from his
custody;
4.  that he was in connivance with the
prisoner in the latter's escape

§  the prisoner must be in his "custody
or charge"
§  permitting the prisoner to leave the jail
and to obtain a a relaxation of his
imprisonment and, although the convict
may not have fled, is consenting to
evasion, and not merely evasion through
negligence since the penalty made is
ineffectual; a guard permitted a convicted
prisoner to go and buy some cigarettes
near the place where he was held in
custody; the prisoner, taking advantage of
the confusion in the crowd there, fled from
the custody of the accused
§  consenting to evasion: relaxation of

imprisonment is considered consenting to
evasion, or infidelity in the custody of
prisoner since it takes the penalty
ineffectual
§  relaxation of prisoners: relaxation of
imprisonment is considered
consenting to evasion or infidelity in
the custody of prisoners since it
makes the penalty ineffectual
§  in addition to consenting to evasion,

the custodian is also liable for
violation of Section 3 (e) of RA No.
3019; transferring prisoner from jail to
his residence is giving undue
preference, advantage, and benefit
to a private party through manifest
partiality and evident bad faith in
violation of this provision
§  evasion of service of sentence and
consenting to evasion: the jail guard as
well as a lawyer allowed the prisoner to
escape because the Judge committed
a mistake in giving him his sentence;
the fact that the judge committed a
mistake in imposing the penalty is not
an excuse for escaping; X should have
avail of procedural remedies under the
law; by assessing on his own the proper
penalty and escaping on the
assumption that he already served the
correct penalty, he placed the law into
his own hands, which is not allowed
since it will destroy the foundation of
the judicial system
Article 224. Evasion through negligence.
Elements:
2.  that he is charged with the

conveyance or custody of a prisoner,
either detention prisoner or prisoner
by final judgment;
3.  that such prisoner escapes through

his negligence
•  off-duty: only custodian can commit
infidelity in the custody of prisoner;
since the guard is off, the prisoner is
technically not under his custody;
•  to be considered as a detention
prisoner: the arrested must be
booked in the office of the police
and placed in jail even for moment
•  escape of an arrestee from custody

of police officers prior to his
confinement in prison could not be a
source of the crime of delivering
prisoner from jail, evasion of service
of sentence or infidelity in the
custody of prisoner
§  on the date of hearing, custodian
removed the handcuf fs of a
detention prisoner and allowed him
to sit on one of the chairs inside the
courtroom; as the custodian was
talking to a lawyer inside the
courtroom, the detention prisoner,
with the help of a cigarette vendor,
escaped: the detention prisoner is
not liable for evasion of service of
sentence since the crime can only
be committed by a convicted
prisoner; the custodian is liable for
evasion through negligence: the
vendor is liable for delivery of
prisoner from jail
Article 225. Escape of prisoner under the custody of a
person not a public officer. -
Elements:
1.  that the offender is a private person;
2.  that the conveyance or custody of a
prisoner or person under arrest is
confided to him;
3.  that the prisoner or person under arrest
escapes;
4.  that the offender consents to the
escape of the prisoner or person under
arrest takes place through his
negligence
when Article 225 not applicable: it is not

applicable if a private person was not the
one who made the arrest and he
consented to the escape of the person
arrested
Article 158. Evasion of service of sentence on the
occasion of disorder, conflagrations, earthquakes, or
other calamities. -
Elements:
1.  that the offender is a convict by final
judgment, who is confined in a
penal institution;
2.  that there is order resulting from:

§  conflagration;
§  earthquake;
§  explosion;
§  similar catastrophe; or
§  mutiny in which he has not
participated

3.  that the offender evades the

service of his sentence by leaving
the penal institution where he is
confined, on the occasion of
such disorder or during the mutiny
4.  that the offender fails to give

himself up to the authorities within
48 hours following the issuance of
a proclamation by the Chief
Executive announcing the
passing away of such calamity
§  not a participant in mutiny: the prisoner
must not have participated in the mutiny,

otherwise, the crime committed is
"evasion of service of sentence”
§  "special time allowance for loyalty under

Article 98": if he did not surrender within
48 hours following the issuance of a
proclamation by the Chief Executive
announcing the passing away of such
calamity: the crime committed is "evasion
of service of sentence”
§  Convicts who, under the circumstances

mentioned in the preceding paragraph,
shall give themselves up to the authorities
within the above mentioned period of 48
hours, shall be entitled to the deduction
provided in Article 98.
Article 160. Commission of another crime during service
of penalty imposed for another offense; Penalty. -
Quasi-Recidivism: Article 160

pertains to quasi-recidivism

Elements:
1.  that the offender was already
convicted by final judgment of one
offense;
2.  that he committed a new felony

before beginning to serve such
sentence or while serving the same.
CRIMES AGAINST PUBLIC INTEREST

Chapter One
FORGERIES
Article 161. Counterfeiting the great seal of the
Government of the Philippine Islands, forging the
signature or stamp of the Chief Executive. -
Acts punished:

1. Forging the great seal of the

Government of the
Philippines;
2. Forging the signature of the
President;
3. Forging the stamp of the
President

Atty. Ma. Tiffany Tabuada Cabigon Article 162. Using forged signature or
counterfeit seal or stamp. -
Elements:
1.  that the Great Seal of the Republic
of the Philippines was counterfeited
or the signature or stamp of the
Chief Executive was forged by
another person;
2.  that the offender knew of the
counterfeiting or forgery;
3.  that he used the counterfeit seal or
forged signature or stamp
Atty. Ma. Tiffany Tabuada Cabigon Article 163. Making and importing and
uttering false coins. -
Elements:
1.  that there be false or counterfeited coins;
2.  that the offender either made, imported or
uttered such coins;
3.  that in case of uttering such false or
counterfeited coins, he connived with the
counterfeiters or importers
§  counterfeiting: means the imitation of a legal

coin is made; there must be an imitation of
the peculiar design of a genuine coin
§  the offender should not be the one who
forged the great seal or signature of the
Chief Executive, otherwise, he shall be
penalized under Article 161
Article 164. Mutilation of coins; Importation and
utterance of mutilated coins. - Acts punished under
Article 164:
1.  mutilating coins of the legal

currency, with the further
requirement that there be
intent to damage or to
defraud another;
2.  importing or uttering such

mutilated coins, with the further
requirement that there must be
connivance with the mutilator
or importer in case of uttering
§  mutilation: means to take off part of
the metal either by filling it or
substituting it for another metal of
inferior quality; the coin diminishes its
legal value
§  the coin must be of legal tender
§  c o i n s o f f o r e i g n c u r r e n c y n o t
included: the coin mutilated must be
genuine, and has bot been
withdrawn from circulation; the coin
must be of legal currency or current
coins of the Philippines; if the coin
mutilated is legal tender of a foreign
country, is not a crime of mutilation
under the RPC
in forgery, forged coins include those

of legal currency of the Philippines,
or foreign country; in mutilation, the
mutilated coins are confined to
those of legal currency of the
Philippines
Atty. Ma. Tiffany Tabuada Cabigon Article 169. How forgery is committed. -
The forgery referred to in this section may be
committed by any of the following means:
1.  By giving to a treasury or bank

note or any instrument, payable to
bearer or order mentioned therein,
the appearance of a true genuine
document.
2.  B y e r a s i n g , s u b s t i t u t i n g ,
counterfeiting or altering by any
means the figures, letters, words or
signs contained therein.

Article 177. Usurpation of authority or
official functions. -
Any person who shall knowingly and
falsely represent himself to be an officer,
agent or representative of any
department or agency of the Philippine
Government or of any foreign
government, or who, under pretense of
official position, shall perform any act
pertaining to any person in authority or
public officer of the Philippine
Government or any foreign
government, or any agency thereof,
without being lawfully entitled to do so,
shall suffer the penalty of prision
correccional in its minimum and
medium periods.
usurpation of authority: still
represented himself as a CIS agent
after having been dismissed
usurpation of official function:
pretending to be a CIS agent
arrested a person; pretended to be a
Police Officer, stopped the buses and
asked for their driver's license
person in authority (lawyers and
teachers): not considered as persons
in authority under Article 177
religious minister/priest: not
considered as person in authority;
solemnizing marriage is not usurpation
of official function
Article 178. Using fictitious name and
concealing true name. -

using fictitious name:
The penalty of arresto mayor and a fine not
to exceed 500 pesos shall be imposed upon
any person who shall publicly use a fictitious
name for the purpose of concealing a
crime, evading the execution of a judgment
or causing damage.
concealing true name:

Any person who conceals his true name
and other personal circumstances shall be
punished by arresto menor or a fine not to
exceed 200 pesos.
Atty. Ma. Tiffany Tabuada Cabigon Article 179. Illegal use of uniforms or
insignia. -
The penalty of arresto mayor shall be
imposed upon any person who shall
§  publicly and improperly make use of
§  insignia,
§  uniforms or
§  dress pertaining to an office not held by
such person or to a class of persons of
which he is not a member.

§  an exact imitation of a uniform or dress is
unnecessary: a colorable resemblance
calculated to deceive the common run of
people-not those thoroughly familiar with
every detail or accessory thereof-is sufficient
§  if used in drama or theaters, the crime is not
committed
Article 183. False testimony in other cases
and perjury in solemn affirmation. -

The penalty of arresto mayor in its
maximum period to prision correccional
in its minimum period shall be imposed
upon any person, who knowingly makes
untruthful statements and not being
included in the provisions of the next
preceding articles, shall testify under
oath, or make an affidavit, upon any
material matter before a competent
person authorized to administer an oath
in cases in which the law so requires.
2 ways of committing perjury:
1.  by falsely testifying under oath;
and
2.  by making false affidavit.
Elements of Perjury:
1.  that the accused made a statement
under oath or executed an affidavit
upon a material matter;
2.  that the statement or affidavit was
made before a competent officer,
authorized to receive and administer
oath
3.  that in that statement or affidavit, the
accused made a willful and deliberate
assertion of a falsehood; and
4.  that the sworn statement or affidavit
containing the falsity is required by law
no perjury if sworn statement is not
material to the principal matter
under investigation: in order that
perjury could exist, it is necessary
that false statement if the accused
refers to material matter and not
merely to facts pertinent to the case
in connection with which it was
made
the assertion of falsehood must be

willful and deliberate: there is no
perjury through negligence or
imprudence; good faith is a defense
Chapter Two
OFFENSES AGAINST DECENCY AND GOOD CUSTOMS

Article 200. Grave scandal. –
Elements:
1.  that the offender performs an act or
acts;
2.  that such act or acts be highly
scandalous as offending against
decency or good customs;
3.  that the highly scandalous conduct is
not expressly falls within any other
article of this code;
4.  that the act or acts complained of be
committed in a public place within the
public knowledge or view
§  despite the fact that her private pool is
visible to the public, she exposed her nude
body, which is highly scandalous act that is
offensive to decency and good customs;
those watching her are not committing a
crime
§  not scandalous: when the acts were
performed in a private house and seen by
one person, the crime was not committed
§  mere possession of obscene materials is
not punishable: only if it is offered for sale,
displayed or exhibited to the public
§  indecent photograph and literature
published in a newspaper: there were
published photograph of a man and
woman appearing as in actual sexual
intercourse, accompanied by descriptive
article designed evidently to emphasize
the obscenity of this photograph
§  mere nudity in pictures or paintings; not
obscenity: displaying and offering for
sale to the public, keychains with eye-
appenders which consists of pictures in
colors of nude women
§  give away is included: he term give

away necessarily includes the act of
exhibiting obscene pictures or literature,
because when one gives away obscene
pictures or literature, he has the intention
and purpose of exhibiting or showing the
same to the recipient
§  art exhibits and art galleries: if those

pictures were shown in art exhibits and
art galleries fro the cause of art to be
viewed and appreciated by people
Article 203. WHO ARE PUBLIC OFFICERS
REQUISITES:
1.  taking part in the performance of
public functions in the Government,
or
2.  performing in said Government or in
any of its branched public duties as
an employee, agent or subordinate
official, of any rank or class; and
3.  That his authority to take part in the
performance of public functions or to
perform public duties must be-
1.  by direct provision of the law;
or
2.  by popular election; or
3.  b y a p p o i n t m e n t b y
competent authority
misfeasance: improper performance of
some act which might be lawfully done
malfeasance: is the performance of

some act which ought not to be done
nonfeasance: is the omission of some act

which ought to be performed
public officer: is a person who shall

perform public functions or duties in the
government as an employee, agent, or
subordinate official, of any rank or class,
by direct provision of the law, popular
election and appointment by
competent authority
Chapter Two
MALFEASANCE AND
MISFEASANCE IN OFFICE

Section One. - Dereliction of duty

Article 204. Knowingly rendering
unjust judgment. -
Elements:
1.  that the offender is a judge;
2.  that he renders a judgment in a
case submitted to him for
decision;
3.  that the judgment is unjust;
4.  that the judge knows that the
judgment is unjust
judgment: is the final consideration

and determination of a court of
competent jurisdiction upon the
matters submitted to it, in an action
or proceeding
Atty. Ma. Tiffany Tabuada Cabigon Article 205.JUDGMENT RENDERED THROUGH
NEGLIGENCE. -
Elements:
1.  that the offender is a judge;
2.  that he renders a judgment in a case
submitted to him for decision;
3.  that the judgment is manifestly unjust;
4.  that it is due to inexcusable negligence
or ignorance
abuse of discretion or mere error of

judgment is not punishable: mere error of
judgment cannot serve as basis for a
charge of knowingly rendering unjust
judgment, where there is no proof or even
allegation of bad faith, or ill motive, or
improper consideration
Article 207. Malicious delay in the administration
of justice. -
Elements:
1.  the offender is a judge;
2.  there is a proceeding in his court;
3.  that he delays the administration of
justice;
4.  that the delay is malicious, that is, the
delay is caused by the judge with
deliberate intent to inflict damage
on either party in case
mere delays without malice is not felony

XPN: People vs. Webb: it took the Court
20 years to decide the case, only to
acquit them for insufficiency of
evidence; not guilty under this act
Atty. Ma. Tiffany Tabuada Cabigon Article 208. Prosecution of offenses;
negligence and tolerance. -
acts punishable:
1.  by maliciously refraining from instituting
against violators of law;
2.  by maliciously tolerating the commission of
offenses
elements of dereliction of duty in the
prosecution of offenses
1.  that the offender is a public officer or officer
of the law who has a duty to cause the
prosecution of, or to prosecute, offenses;
2.  that there is dereliction of the duties of his
office; that is, knowing the commission of
the crime, he does not cause the
prosecution of the criminal or knowing that
a crime is about committed, he tolerates its
commission
Chief of Police who failed to prosecute a
jueteng collector; a fiscal who, knowing
that the evidence against the accused is

m o re t h e n s u f f i c i e n t t o s e c u re h i s
conviction in court, drops the case

dereliction of duties v. tolerance: in
dereliction of the duties of his office, the
public officer, whose duty is to prosecute
the criminals, knows the commission of the
crime but he does not cause the
prosecution of the criminal; in tolerance,
such officer knows that a crime is about to
be committed, but he tolerates the
commission

The Chief of Police did not raid the
gambling house because the owner is his
friend
must maliciously signify deliberate evil
intent: the municipal president who
held cockfights on the days not
authorized by law, to raise funds for the
construction of a ward in the provincial
hospital

not punishable: dereliction of duty
caused by poor judgment or honest
mistake

not applicable to revenue officer:
officers, agents or employees of the BIR
who, having knowledge or information
of a violation of the Internal Revenue
Law, fail to report such knowledge or
information to their superiors
Article 210. DIRECT BRIBERY
acts punishable in direct bribery:
a public officer commits direct bribery:
1st form: by agreeing to perform, or by
performing, in consideration of any offer,
promise, gift, or present- an act constituting a
crime, in connection with the performance of
his official duties;

2nd form: by accepting a gift in consideration
of the execution of an act which does not
constitute a crime, in connection with the
performance of his official duty;

3rd form: by agreeing to refrain, or by
refraining, from doing something which is his
official duty to do, in consideration of a gift or
promise.
Elements of Direct Bribery:

1.  that the offender be a public officer within

the scope of Article 203;
2.  that the offender accepts an offer or a
promise or receives a gift or present by
himself or through another;
3.  that such offer or promise be accepted, or
gift or present received by the public
officer;
§  with a view to committing some crime;/
§  in consideration of the execution of an
act which does not constitute a crime,
but the act must be unjust; or
§  to refrain from doing something which it
is his official duty to do
4.  that the act which the offender agrees to
per for m or which he executes be
connected with the performance of his
official duties
Atty. Ma. Tiffany Tabuada Cabigon 1st form: by agreeing to perform, or by
performing, in consideration of any offer,
promise, gift, or present-an act constituting a
crime, in connection with the performance
of his official duties and in consideration of
gift or present offered or promised to, or
received by him, personally or through the
mediation center (committing the agreed
crime)

mere agreeing: consummates the crime of
direct bribery in the 1st form; actual
acceptance of the gift or actual commission
of the crime, or actual refraining to perform
a duty is not necessary to consummate
bribery of the first

solicitation is not included in the provision of
direct bribery, he merely accepts/receives

2nd form: by accepting a gift in
consideration of the execution of an
act which does not constitute a
crime, in connection with the
performance of his official duty;

it is a function related crime and
the public officer must not
commit an act constituting a
crime
acceptance of the gift or present

is required: in the 2nd form of
bribery, the law uses the phrase "if
the gift was accepted"
3rd form: by agreeing to refrain, or by refraining, from
doing something which is his official duty to do, in
consideration of a gift or promise.

first form of direct bribery: but if the agreed
refrainment constitutes a crime such as
dereliction of duty, the crime committed is direct
bribery in the first form; refraining from arresting
the offender who committed the crime of
homicide
function-related: where the act is entirely outside

of the official function of the officer to whom the
money is offered, the offense is not direct bribery
borrowing a motor vehicle by public officer from
the complainant: can be considered as a "gift”
private individual (citizen's arrest): does not

cover private individual who, in consideration of
a sum of money given to him, released a person
under arrest because the additional penalty of
special temporary disqualification for bribery
will not be liable for direct

bribery but for corruption of
public officer: the person who
conspired with the public
officer, who made the promise,
offer, or gave the gifts or
presents, may be indicated only
for corruption of public officer,
regardless of any allegation of
conspiracy
Article 211. Indirect bribery. -
Elements:
1.  that the offender is a public
officer;
2.  that e accepts gifts;
3.  that the said gifts are offered to
him by reason of his office

there must be no agreement to do or

not to do a function related act, the
public officer, who accepted gifts
offered to him by reason of his office
indirect bribery: there must be no
agreement to do or not to do a
function related act, the public officer,

who accepted gifts offered to him by
reason of his office
gift: borrowing of a vehicle by LTO

officer from a Company
the plaintiff gave money to the Judge

who subsequently rendered a decision
in favor of the defendant: not liable for
direct bribery since rendering a
decision against the plaintiff-giver
indicates that the former did not
receive the money in consideration of
rendering a decision against the
defendant
Article 211-A. QUALIFIED BRIBERY
Elements: must actually

refrain; not mere agreement
to refrain
entrusted with the law enforcement
2.  that the offender refrains from
arresting or prosecuting an offender
who has committed a crime
punishable by reclusion perpetua
and/or death
3.  that the offender refrains from
arresting or prosecuting the offender
in consideration of any promise, gift,
or present
actus reus: refraining to arrest or
prosecute a criminal suspect
mere agreement to refrain: not

enough to consummate the crime;
actual receipt or acceptance of the
gift or present is not necessary for the
consummation of qualified bribery
since the consideration of the
refrainment to arrest or prosecute is
either pre or gift accepted, or that
promised or offered
the offender is a public officer
entrusted with the law enforcement:

a judge or a clerk of court cannot be
held liable for qualified bribery;
refraining to convict is not equivalent
to refraining from arresting or
prosecuting: can only be committed
by public officers, NBI agents and
prosecutors
dereliction of duty is absorbed in the

crime of qualified bribery; but not in
direct bribery-dereliction of duty is an
additional crime if the offender
committed the agreed crime
Article 212. CORRUPTION OF PUBLIC
OFFICIALS
Elements:
1.  that the offender makes offers or
promises or gives gifts or presents
to a public officer;
2.  that the offers or promises are

made or the gifts or presents
given to a public officer, under
circumstances that will make the
public officer liable for direct
bribery or indirect bribery

Article 213. ILLEGAL EXACTIONS
Elements of illegal exactions:
1.  the offender is a public officer
entrusted with the collection of taxes,
licenses, fees and other imposts;
2.  He is guilty of any of the following acts
or omissions:
3.  demanding, directly or indirectly, the
payment of sums different from or
larger than those authorized by law; or
the crime is consummated at the
precise moment that the public officer in
his official capacity demanded from the
offended party with the intent to
collect an amount not authorized by law
Atty. Ma. Tiffany Tabuada Cabigon 4.  Failing voluntarily to issue a receipt,
as provided by law, for any sum of
money collected by him officially;
or
5.  Collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or objects of a
nature different from that provided
by law
actual collection or receipt of the

property different from that
collectible under the law is necessary
to consummate the crime failed to
issue an official receipt: he merely
issued a private receipt for the
amount he collected
Article 217.Malversation of Public Funds
Acts punishable in
malversation:
1.  by appropriating public funds or
property;
2.  by taking or misappropriating the
same;
3.  b y c o n s e n t i n g , o r t h r o u g h
abandonment or negligence,
permitting any other person to take
such public funds or property;
4.  by being otherwise guilty of the
misappropriation or malversation of
such funds or property
Elements common to all acts of
malversation under Article 217:

2.  that he had the custody or control of
funds or property by reason of the
duties of his office;
3.  that those funds or property were
public funds or property for which he
was accountable;
4.  t h a t h e a p p r o p r i a t e d , t o o k ,
misappropriated or consented or,
through abandonment or
negligence, per mitted another
person to take them
public property or funds: malversation

shall only be committed if it is a public
property or funds
Article 220. Illegal Use of Public Funds and
Property (Technical Malversation)

Any public officer who shall
apply any public fund or
property under his
administration
-to any public use
-other than that for
which such fund or
property we re
appropriated
- b y l a w o r
ordinance
Elements:
officer;
2.  that there is a public fund or
property under his performance;
3.  t h a t s u c h p u b l i c f u n d o r
ordinance has been appropriated
by law or ordinance;
4.  that he applies the same to a
public use other than that for
which such fund or property has
been appropriated by law or
ordinance

there must be a law appropriating

funds or money for a specific project
considered as "malum prohibitum"; it
is the commission of the act that is
defined by law and not the
character or the effect thereof that
determines whether the violation
has been violated
no double jeopardy: acquittal or

conviction for malversation is not a
bar in prosecuting the accused for
technical malversation
malversation v. technical
malversation:
•  in the crime of malversation, the
offender misappropriates public
funds for his own personal use or
allows any other person to take
such public funds for the latter's
personal use
•  technical malversation, the public

officer applies public funds under
his administration not for his or
another's personal use, but to a
public use other than that for
which the fund was appropriated
by law or ordinance
SECTION TWO
Infidelity in the Custody of Documents
Atty. Ma. Tiffany Tabuada Cabigon ARTICLE 226. Removal, Concealment or
Destruction of Documents. — (RDC)

•  Any public officer who shall (RDC)

1.  remove,
2.  destroy or
3.  conceal documents or papers
officially entrusted to him
(which causes damage, serious or not
to a third party or to the public
interest)

§  *Section 3 (e) of RA 3019 may also
be charged in addition with Article
226 of the Revised Penal Code

Elements:
1.  that the offender be a public officer;
2.  that he abstracts, destroys or
conceals documents or papers;
3.  that the said documents or papers
should have been entrusted to such
public officer by reason of his office;
4.  that the damage, whether serious or
not, to a third party or to the public
interest should have been caused

if any of these circumstances be not
present, the crime disappears, or rather,
does not rise
malicious mischief: not estafa

or infidelity in the custody of
public documents
a utility worker in the
gover nment who destroys
office files as an act of revenge
against his supervisor (not
entrusted with the custody;
there is no intent to defraud)
ARTICLE 227. Officer Breaking Seal. —

Any public officer charged with the
custody of papers or property sealed
by proper authority, who shall break
the seals or permit them to be
broken

Elements:
2.  that he is charged with the custody or
papers of property;
3.  that these papers or property are
sealed by proper authority;
4.  that he breaks the seals or permits
them to be broken
ARTICLE 228. Opening of Closed

Documents.

—
Elements:
1. that the offender is a public
officer;
2. t h a t a n y c l o s e d p a p e r s ,
documents, or objects are
entrusted to his custody;
3. that he opens or permits to be
opened said closed papers,
documents or objects;
4. that he does not have proper
authority
INFIDELITY IN THE CUSTODY OF
DOCUMENT
Infidelity in the custody of document
is committed by:
1.  a public officer removes, destroys or
conceals documents or papers officially
entrusted to him, which causes damage,
serious or not, to a third party or to the
public interest;
2.  a public officer who being charged with

the custody of papers or property sealed
by proper authority breaks the seals or
permit them to be broken; or
3.  a public officer who opens or permits to

be opened a closed papers,
documents, or objects entrusted to his
custody without proper authority
concealment: to make it appear
that the document is no longer
available
delivering the document to the

wrong party is covered under this
Article
mere opening of the document

even if no damage or prejudice is
suffered by the person or the public
in general
TSN: mere opening of the document;

without order from the competent
authority
ARTICLE 233. Refusal of Assistance. —

A public officer who, upon demand
from competent authority, shall fail to
lend his cooperation towards the
administration of justice or other public
service

Elements:
2.  t h a t a c o m p e t e n t a u t h o r i t y
demands from the offender that he
lend his cooperation towards the
administration of justice or other
public service;
3.  that the offender fails to do so
maliciously
ARTICLE 234. Refusal to Discharge Elective
Office. —

Elements:
1. That the offender is elected by
popular election to a public
office;
2. that he refuses to be sworn in or
to discharge the duties of the
said office;
3. that there is no legal motive for
such refusal to be sworn on or to
discharge the duties of the said
office
ARTICLE 235.MALTREATMENT OF PRISONERS.
The crime is qualified: If the

purpose of the maltreatment is
to:
§  extort a confession, or
§  to obtain some information
from the prisoner
note that the offender can also be

charged of the crime of torture
because it is considered as an
independent crime
maltreatment of arrestee:
maltreatment of prisoner cannot
be committed since the victim is
not yet a prisoner since he is not yet
booked in the police station and
placed in jail even for a moment;
either liable for grave coercion or
torture (RA No. 9745);
maltreatment must relate to the

correction or handling of a prisoner
under his charge or must be for the
purpose of extorting a confession,
or of obtaining some information
from the prisoner;
ARTICLE 237. Prolonging Performance of
Duties and Powers. —

Elements:
1.  that the offender is holding a
public office;
2.  that the period provided by law,

regulations or special provisions
for holding such office, has
already expired;
3.  that he continues to exercise the

duties and powers of such office
Atty. Ma. Tiffany Tabuada Cabigon ARTICLE 238. Abandonment of Office or
Position. —

Elements:
officer;
2.  that he formally resigns from his
position;
3.  that his resignation has not yet
been accepted;
4.  that he abandons his office to the
detriment of the public service

Atty. Ma. Tiffany Tabuada Cabigon ARTICLE 242. Disobeying Request for
Disqualification. —
Elements:
2.  that a proceeding is pending
before such public officer;
3.  that there is a question brought
before the proper authority
regarding his jurisdiction, which is
not yet decided;
4.  that he has been lawfully required
to refrain from continuing the
proceeding;
5.  that he continues the proceeding

the market administrator was

suspended and was investigated by
the Mayor, the former filed a petition
for prohibition in the CFI which
issued a preliminary writ of injunction
pending the resolution of the
question of jurisdiction raised by the
petitioner, but the Mayor continued
the investigation; even if the
jurisdictional question is resolved by
the proper authority in his favor
ARTICLE 244. Unlawful Appointments. —
Elements:
2.  that he nominates or appoints a

person to a public office;
3.  that such person lacks the legal

qualification therefor;
4.  that the offender knows that his

nominee and appointee lacks the
qualifications at the time he made the
nomination or appointment

to be held liable for unlawful
appointment, the public officer knew

that his nominee or appointee did not
have the legal qualifications at the
time he made the nomination or
appointment; in ascertaining the legal
qualifications of a particular
appointee to a public office, there
must be a law providing for the
qualifications of a person to be
appointed or nominated therein
mere recommendation is not

punishable
ARTICLE 245. Abuses Against Chastity —
Ways of committing abuses against

chastity:
1.  by soliciting or making immoral or indecent
advances to a woman interested in matters
pending before the offending officer for
decision, or with respect to which he is
required to submit a report to or consult with
a superior officer;
advances to a woman under the offender's
custody;
advances to the wife, daughter, sister, or
relative within the same degree by affinity
of any person in the custody of the
offending warden or officer
Elements:
2.  that he solicits or make immoral or
indecent advances to a woman;
3.  that such woman must be;
  interested with the matters pending before
the offender for decision or with respect to
which he is required to submit a report to or
consult with a superior officer; or
  under the custody of the offender who is a
warden or other public officer directly
charged with the care and custody if
prisoners or persons under arrest; or
  the wife, daughter, sister, or relative within
the same degree by affinity of the person in
the custody of the offender
solicit: the word solicit means

to propose earnestly and
persistently something
unchaste and immoral to a
woman
CRIMES AGAINST PERSONS

Chapter One
DESTRUCTION OF LIFE

Section One. - Parricide, murder, homicide
Article 246. Parricide. -
Elements:
1.  that a person is killed;
2.  that the deceased is killed by the
accused;
3.  that the deceased is the father,
mother, or child, whether
legitimate or illegitimate, or a
legitimate other ascendant or
other descendant, or the
legitimate spouse of the
accused
legitimate relationship: if the victim is parent
or child of the accused, the relationship

may either be legitimate or illegitimate; if
the victim is the spouse, grandparent or
grandchild of the accused, the relationship
must be legitimate
parricide: relationship between the

grandparent and grandchild must be
legitimate while for the purpose of
alternative circumstance under Article 15:
relationship between the grandparent and
grandchild may be legitimate or illegitimate
murder qualified by treachery and

aggravated by relationship, and theft: the
offender, who killed his illegitimate
grandchild, who was asleep, and taking his
wallet afterward
killing legitimate brother is not
parricide since he is just a collateral

relative of the accused
not liable for parricide: a more, who

killed his third wife under an invalid
polygamous marriage celebrated in
accordance with Muslim rite;
exception: polygamous marriages

made in accordance with the Code
of Muslim Personal Laws are valid-
when the victim obtained a divorce
recognized by the Code of Muslim
Laws regarding the 1st marriage
§ blood relationship: except where the
victim is the spouse of the accused
§ adopted son or daughter: one who
killed an adopted son, is liable for
homicide and not parricide since the
relationship by adoption is not within
the contemplation of Article 246
§ a mother killed the 3-day old child of

her husband with their daughter:
murder qualified by treachery
§ p ersonal relationship: the qualifying

circumstance of relationship in parricide is
personal; it can be appreciated against
the wife but not against a co-conspirator,
who is not related to her husband
stranger is liable for murder qualified

by the circumstance or reward while
the wife is liable for parricide with
ordinary circumstance of reward: the
husband is killed by a stranger in
consideration of the reward
advanced by the wife of the victim
mother is liable for parricide with

ordinary aggravating circumstance of
treachery while her brother is liable for
murder qualified by the circumstance
of treachery: an unmarried mother
with the help of her brother killed her 2
week old child to conceal dishonor
relationship as a qualifying
circumstance cannot be
appreciated against the brother
since the same is personal to her as
the mother of the victim;
concealment of dishonor is not a
special mitigating circumstance
since this can only be appreciated
in abortion and infanticide and not
in parricide
knowledge of relationship: one who

killed a person not knowing that he
is his father is liable for parricide
Article 247. Death or physical injuries inflicted
under exceptional circumstances. -
Requisites for the application of
Article 247:
1.  that a legally married person or a parents
surprises his spouse or his daughter, the
latter under 18 years of age and living with
him, in the act of committing sexual
intercourse with another person;
2.  that he or she kills any or both, of them or

inflicts upon any or both of them any serious
physical injury in the act or immediately
thereafter;
3.  that he has not promoted or facilitated the

prostitution of his wife or daughter, or that
he or she has not consented to the infidelity
of the other spouse
Article 248. Murder. -
Any person who, not falling within the provisions of
Article 246 shall kill another, shall be guilty of murder
and shall be punished by reclusion temporal in its
maximum period to death, if committed with any of
the following attendant circumstances:
1.  With treachery, taking advantage of superior

strength, with the aid of armed men, or
employing means to weaken the defense or of
means or persons to insure or afford impunity.
2.  In consideration of a price, reward, or promise.
3.  By means of inundation, fire, poison, explosion,

shipwreck, stranding of a vessel, derailment or
assault upon a street car or locomotive, fall of
an airship, by means of motor vehicles, or with
the use of any other means involving great
waste and ruin.
4.  On occasion of any of the

calamities enumerated in the
preceding paragraph, or of an
earthquake, eruption of a volcano,
destructive cyclone, epidemic or
other public calamity.
5.  With evident premeditation.
6.  With cruelty, by deliberately and

inhumanly augmenting the suffering
of the victim, or outraging or scoffing
at his person or corpse.
Elements:
1.  that a person was killed;
2.  that the accused killed him;
3.  that the killing was attended by
any of the qualifying circumstances
mentioned in Article 248;
4.  the killing is not parricide or
infanticide
three concepts of intent to kill,

to wit:
1.  intent to kill as an element of
murder or homicide;
2.  l a c k o f i n t e n t t o k i l l t o
appreciate the mitigating
circumstance of praeter
intentionem; and
3.  intent to kill as a requisite of the

qualifying circumstance by
means of fire, explosion or
poison
the offender with a bolo or knife
hacked or stabbed the victim, or fired
his gun at him without hitting or killing

him
if there is intent to kill: the crime

committed is either homicide or murder;
if there is no intent to kill: the crime may

either be threat, discharge of firearm,
physical injuries, or discharge of firearms
with physical injuries

use of fire: killing another by means of

fire presupposes that fire was used as a
means to kill; there is no murder
qualified by the circumstance of by
means of fire without the intent to kill
homicide but the mitigating circumstance
of praeter intentionem shall be
appreciated: the accused out of fun used
fire as a means to inflict injury upon his
friend, but the latter died as a
consequence
praeter intentionem and treachery: there

is no incompatibility between treachery
and the praeter intentionem since the
former refers to the manner of execution
of the crime while the latter pertains to
intention of the accused not to kill the
victim
murder is included in the definition of

terrorism: terrorism in relation to murder is
subject to the variance rule and rule
against double jeopardy
multiple qualifying circumstances:

there are 3 rules to be considered
if the killing is attended by several
qualifying circumstances, to wit:
1.  the doctrine of absorption

2.  t h e r u l e o n q u a l i f y i n g
circumstance and
aggravating circumstance;
and
3.  rule on infanticide, parricide,
and murder

note: scoffing should have been

appreciated as a qualifying
circumstance while abuse of
superior strength as an ordinary
aggravating circumstance, and
not the other way around
Atty. Ma. Tiffany Tabuada Cabigon EMPLOYMENT OF MEANS TO
AFFORD IMPUNITY
§  the circumstance of employment of
means to afford impunity is present
where the accused after killing the
victim buried his lifeless body to
conceal the corpus delicti
§  offender was wearing a mask to
conceal his identity at the time that he
killed the victim
§  either disguise or employment of
means to afford impunity
§  if killed with treachery; wearing a
mask must be appreciated as an
ordinary aggravating circumstance
of disguise and not employment of
§  cutting the ear of a dying victim:

qualifying or aggravating
circumstance of cruelty or
qualifying circumstance of scoffing
§  taking advantage of the darkness

of the night to hide his identity:
ordinary aggravating circumstance
of nighttime or qualifying
circumstance of employment of
§  treachery: inherent in infanticide is

absorbed
Article 249. Homicide.-
Elements:
1.  that a person was killed;

2.  that the accused killed him
without any justifying
circumstance;
3.  t h a t t h e a c c u s e d h a d t h e
intention to kill, which is presumed;
4.  that the killing was not attended
by any of the qualifying
circumstances of murder, or by
that of parricide or infanticide

§  as an element of homicide or
murder, intent to kill is conclusively
presumed in the victim died as a
consequence of a felonious act;
for the purpose of appreciating
the mitigating circumstance of
lack of intent to commit so grave
a wrong than that committed,
intent to kill is disputably presumed
§  reckless imprudence resulting in

homicide or physical injuries: if the
victim died or suffered injuries as a
consequence of an act
committed with recklessness
the use of scythe against the

v i c t i m ' s n e c k w a s
determinative of the homicidal
intent of X; a single hacking
blow in the neck could be
enough to decapitate a
person and leave him dead;
refraining from further hacking
the victim does not negate the
intent to kill
Article 251. Death caused in a tumultuous affray. -
Elements:
1.  that there be several persons;
2.  that they did not compose groups
organized for the common purposes
of assaulting and attacking each
other reciprocally;
3.  that these several persons quarreled
and assaulted one another in a
confused and tumultuous manner;
4.  that someone was killed in the course
of affray;
5.  that it cannot be ascertained who
actually killed the deceased;
6.  that the person or persons who
inflicted serious physical injuries or who
used violence can be identified
Article 249. Homicide.-
Free-for-all rumble: there is

tumultuous affray when several
persons quarrel ad assault each
other in a confused and tumultuous
manner provided they are not
composed of groups organized for
the common purpose of reciprocally
assaulting and attacking each other
remedy: the killers were not identified

because of confusion
without confusion or tumultuous affray, all
persons, who assaulted the deceased, are liable
for murder or homicide and not the lesser crime
of death caused in a tumultuous affray
tumultuous affray: failure to identify the killer is an

indispensable element
no conspiracy: if death caused in a tumultuous

affray, the persons, who assaulted each other,
must not composed of groups organized for the
common purpose of reciprocally assaulting and
attacking each other
implied conspiracy where the accused are

members of the fraternity who assaulted the
members of the rival fraternity including the
deceased: because of conspiracy, they are
collectively liable for the death of the victim
even though the actual killer was not identified
Article 252. Physical injuries inflicted in a
tumultuous affray. -
Elements:
1.  that there is tumultuous affray as
referred to in the preceding
article;
2.  that a participant or some
participants thereof suffered
serious physical injuries or physical
injuries of less serious nature only;
3.  that the person responsible
therefor cannot be identified;
4.  that all those who appear to have
used violence upon the person of
the offended party are known
PARTICIPANTS: If death caused or
physical injuries inflicted in a
tumultuous affray, there are 3 kinds of
participants, to wit:
1.  the injured participant or victim,
who died or suffered serious or less
serious physical injuries;
2.  the unidentified participant who
killed the victim or inflicted serious
or less serious physical injury upon
the victim; he is not an accused in
a case of tumultuous affray crime
since his identity was unknown;
3.  the identified participant who
inflicted serious physical injuries or
used violence upon the deceased
victim, or used violence upon the
injured victim; he is the accused in
a case of tumultuous affray crime
slight physical injuries, and not the crime of
physical injuries inflicted in a tumultuous
affray: if the unidentified offending
participant inflicted slight physical injuries, the
identified participant, who used violence
upon the victim
the injuries inflicted by the identified

participant must be slight while those who
inflicted by the unidentified participant must
be serious or less serious
if the identified participant inflicted serious or

less serious physical injuries upon the victim,
Article 252 is not applicable because it is an
important element of the crime under this
provision that the one who inflicted serious or
less serious injuries upon the victim was not
identified
Article 253. Giving assistance to suicide. - Acts
punishable as giving assistance to suicide:
1.  by assisting another to commit
suicide, whether the suicide is
consummated or not;
2.  by lending his assistance to another

to commit suicide to the extent of
doing the killing himself

the agreement was to shoot each other
in the head which they did; Joan died;
due to medical assistance, Francis
survived-Francis is liable for "giving
assistance to suicide"

Article 254. Discharge of firearms. -
Elements:
1.  that the offender discharges a
firearm against or at another
person;
2.  that the offender has no intention
to kill that person

a person charged with the crime of
frustrated homicide may be found guilty
of the crime of unlawful discharge of
firearms against another if the intent to kill
was not proven beyond reasonable
doubt
the accused shot at Reyes with a firearm

to kill him; one of the bullets hit Pinili by
reason of aberratio ictus-as a
consequence, Pinili suffered less serious
physical injuries while Reyes suffered
mortal wounds
complex crime of discharge of firearm

with less serious physical injuries
committed against PINILI because of the
absence of intent to kill
frustrated homicide is committed against

REYES because of the presence of the
intent to kill
during the operation against cattle
rustling, Eraso and Dado, member of
CAFGU, saw an approaching person
mistaken as a cattle rustler, Eraso fired his
armalite several times at the approaching
person, while Dado discharged his .45
caliber pistol; as a consequence, the
victim died
Dado is convicted for discharge of

firearm: there is no evidence that the
bulled fired by Dado from the .45 caliber
pistol hit the victim and the intent to kill
was not shown beyond reasonable doubt
graver crime: robbery: if the accused

shoot at another with a firearm in the
course of robbery, he shall be liable for
robbery which is a graver crime
discharge of firearm: if the accused
shoot another with a firearm in the
course of attempted robbery
intent to threaten or inflict injuries

if the accused shoot another with a
firearm to threaten him, he is liable for
discharge of firearm; shoot from a
distance of 200 meters; because of the
limited range of the shotgun, it is
impossible for the accused to kill the
victim from a distance of 200 meters;
the distance between the accused
and the victim was so great, that it is
difficult to impute an intention on the
part of the former to kill the latter
§  complex crime of discharge of firearm

to inflict injuries upon him: if the
accused shoot at another with a
firearm to inflict injuries upon him, and
as a consequence, the victim suffered
injuries
§  only discharge of firearm: if the victim

merely suffered slight physical injuries,
it is submitted that the accused should
be held liable for discharge of firearm;
it cannot be made a component of a
compound crime
Section Two. –
Infanticide and abortion.

Article 255. Infanticide. -
Elements:
1.  that a child was killed;
2.  that the deceased child was less than
72 hours of age;
3.  that the accused killed the said child
Infanticide: may be defined as the killing of

any child less than 3 days of age, whether
the killer is the parent of grandparent, any
other relative of the killed, or a stranger
Infanticide: is committed by any person who

shall kill child less than 3 days of age; born-
alive and viable fetus with a life less than 3
days
Atty. Ma. Tiffany Tabuada Cabigon There are 3 requisites to make
killing of a child constitutive of
the crime of infanticide, to wit:

1.  The victim did not die inside the maternal
womb. An unborn fetus is not an infant.
Hence, killing am unborn fetus regardless
of its viability or intrauterine life is not
infanticide but abortion;
2.  The born alive infant must be viable. A
born-alive but non-viable fetus is not an
infant for purposes of the crime of
infanticide. Killing it is still abortion.
3.  The born-alive viable infant must be less
than 3 days old. Killing a child with a life
of 3 days or more constitutes the crime
of parricide, murder, or homicide
depending upon the circumstances of
the case.
•  killing a 3-day old baby is parricide

or murder qualified by treachery;
minor children, who by reason of
their tender years, cannot be
expected to put a defense
•  abortion: may be committed using

violence upon the pregnant woman
with intent to abort; unintentional
abortion can only be committed
intentionally using violence upon
the pregnant woman without intent
to abort
Atty. Ma. Tiffany Tabuada Cabigon complex crime of parricide with
unintentional abortion: if the intention of
the accused was merely to kill the wife
but not necessarily to cause abortion;
mere boxing on the stomach, taken
together with the immediate strangling
of the victim in a fight, is not sufficient
proof to show intent to cause an
abortion;
merely mauled the victim-no intention

to kill the victim since his intention is
merely to maltreat the victim; a mauled
his wife, who was pregnant for 6-
months, without intent to kill or abort; as
a consequence, the wife died, and the
fetus was expelled prematurely; after a
few minutes
complex crime of murder with

intentional abortion: stabbing
on the stomach on a 9 month
pregnant victim establish
intent to kill the woman and
intent to abort the fetus
unintentional abortion is
committed although the
accused is not aware that the
victim is pregnant
Article 256. Intentional abortion. -

Definition of Abortion: has defined
abortion as the willful killing of the fetus in

the uterus, or the violent expulsion of the
fetus from the maternal womb which
results in the death of the fetus

ways of committing intentional
abortion:
1.  by using violence upon the person of
the pregnant woman;
2.  by acting, without using violence,
without the consent of the woman
(by administering drugs, or beverages
upon such pregnant woman without
her consent);
3.  by acting (by administering drugs or
beverages), with the consent of the
pregnant woman
Elements:
1.  their is a pregnant woman;
2.  that violence is exerted, or drugs or
beverages administered, or that
the accused otherwise acts upon
such pregnant woman;
3.  that as a result of the use of
violence or drugs or beverages
upon her or nay other act of the
accused, the fetus dies, either in
the womb or after having been
expelled therefrom;
4.  that the abortion is intended
§  administering abortive substance:

believing that the child in the
womb of the woman was a sort of
fish-demon, gave her a poison
made of herbs; 2 hours thereafter,
she gave to a child 3 months in
advance of the full period of
gestation
Article 257. Unintentional abortion. -

Elements of Unintentional
Abortion
1.  that there is a pregnant woman;
2.  that violence is used upon such
pregnant women without
intending an abortion;
3.  that the violence is intentionally
exerted; and
4.  that as a result of the violence the
fetus dies, whether in the womb or
after having been expelled
therefrom
§  if the fetus dies after having been

expelled from the material womb, it
is important that the victim is not
liable
unintentional abortion is an intentional felony
since the offender intentionally employed
violence against the pregnant woman but
unintentionally caused abortion
complex crime of homicide with unintentional
abortion: if both the pregnant woman and the
fetus died
reckless imprudence resulting in unintentional
abortion: if the act of violence is committed by
means of culpa
direct assault with unintentional abortion: the
prosecution must establish that the violence
employed by the accused upon a person in
authority (teacher) is the proximate cause of
abortion
the abortion can only be committed by
intentionally or recklessly using violence upon
the woman without intent to cause abortion; the
crime cannot be committed by using abortive
complex crime: less serious physical
injuries and unintentional abortion:
knowledge of the pregnancy of the
woman is not an element of unintentional
abortion
proximate cause rule under Article 4 of
the RPC: a person who, unintentionally
employed violence, which is a felony, is
liable for direct, natural and logical
consequence
threat: not applicable because it is not
within the contemplation of the word
"violence”
complex crime of threat and abortion: A
threatened to kill the pregnant woman
and as a consequence, the woman
suffered from abortion
taking poison: taking poisonous
substance in an attempt to commit
suicide is not within the
contemplation of the words
"violence and felony”
complex crime of parricide and

unintentional abortion: even if the
wife died after maltreating her;
mauled his wife
intent to abort can be considered as

lacking if the accused is not aware
that the woman is pregnant;
unintentional abortion is committed
§  concealment of dishonor: it is an
extenuating circumstance since it
reduces the penalty prescribed for
abortion committed by pregnant
mother, or infanticide committed by
mother or her parents; concealment
of dishonor is not an element of
infanticide
§  special mitigating circumstance of

concealment of dishonor in abortion:
it can only be appreciated in favor of
pregnant woman but not in favor of
the parents of the pregnant woman
§  special mitigating circumstance of

concealment of dishonor in
infanticide: can be appreciated in
favor of pregnant woman and the
MUTILATION
vasectomy- denies a man of his power of
reproduction, however, such procedure does
not deprive him "either totally or partially, of
some essential for reproduction”
Section 10; RA No. 7610: when the victim is

below 12 years of age, the penalty of other
intentional mutilation is reclusion perpetua
(qualifying circumstance)
intent to mutilate: indispensable element: if

there is no intention to mutilate, the crime
committed is serious physical injuries
not under RA No. 9262: if the physical violence

against the woman results to mutilation or, it
constitutes attempted, frustrated, or
consummated parricide, murder, or homicide,
the offender shall be punished under the
Revised Penal Code
Chapter Two
PHYSICAL INJURIES

Article 262. Mutilation. -
Mutilation, defined: means the lopping or
the clipping off of some part of the body
the putting out of an eye does not fall under

this definition; thus, when a robber stabbed a
woman in one eye, and as a result of the
wound thus inflicted she lost the use of the
eye, there is no mutilation
2 kinds of mutilation:
1.  by intentionally mutilating another by
depriving him, either totally or partially, of
some essential organ for reproduction;
2.  by intentionally making other mutilation,
that is, by lopping or clipping off any part
of the body of the offended party, other
than the essential organ for reproduction,
to deprive him of that part of his body
elements of mutilation of the 1st

kind:
1.  that there be a castration, that is,
mutilation of organs necessary for
generation, such as penis or
ovarium;
2.  that the mutilation is caused

purposely and deliberately, that
is, to deprive the offended party
of some essential organ for
reproduction
Article 263. Serious physical injuries. -
Any person who shall wound, beat, or assault

another, shall be guilty of the crime of serious
physical injuries and shall suffer:
T h e p e n a l t y o f p r i s i o n m a y o r, i f i n
consequence of the physical injuries inflicted,
the injured person shall become insane,
imbecile, impotent, or blind;
The penalty of prision correccional in its

medium and maximum periods, if in
consequence of the physical injuries inflicted,
the person injured shall have lost the use of
speech or the power to hear or to smell, or
shall have lost an eye, a hand, a foot, an
arm, or a leg or shall have lost the use of any
such member, or shall have become
incapacitated for the work in which he was
therefor habitually engaged;
The penalty of prision correccional in its
minimum and medium periods, if in
consequence of the physical injuries
inflicted, the person injured shall have
become deformed, or shall have lost any
other part of his body, or shall have lost the
use thereof, or shall have been ill or
incapacitated for the performance of the
work in which he as habitually engaged for
a period of more than ninety days;
The penalty of arresto mayor in its

maximum period to prision correccional in
its minimum period, if the physical injuries
inflicted shall have caused the illness or
incapacity for labor of the injured person
for more than thirty days.
Lecture Roque vs. People (2015): in

attempted or frustrated homicide,
the offender must have the intent to
kill the victim; if there is no intent to kill
on the part of the offender, he is
liable for physical injuries only; after
all, what should be determinative of
the crime is not the gravity of the
resulting injury but the criminal intent
that animated the hand that pulled
the trigger; formal crime
Article 264. Administering injurious substances
or beverages. -
Elements:
1.  that the offender inflicted upon
another any serious physical injuries;
2.  that it was done by knowingly
administering to him any injurious
substances or beverages or by
taking advantage of his weakness of
mind and credulity;
3.  that he had no intent to kill
Article 265. Less serious physical injuries. -
Any person who shall inflict upon another

physical injuries not described in the
preceding articles, but which shall
incapacitate the offended party for labor for
ten days or more, or shall require medical
assistance for the same period, shall be guilty
of less serious physical injuries and shall suffer
the penalty of arresto mayor.
Whenever less serious physical injuries shall

have been inflicted with the manifest intent
to kill or offend the injured person, or under
circumstances adding ignominy to the
offense in addition to the penalty of arresto
mayor, a fine not exceeding 500 pesos shall
be imposed.
Any less serious physical injuries

inflicted upon the offender's parents,
ascendants, guardians, curators,
teachers, or persons of rank, or
persons in authority, shall be
punished by prision correccional in its
minimum and medium periods,
provided that, in the case of persons
in authority, the deed does not
constitute the crime of assault upon
such person.
RAPE
Elements of rape under

paragraph 1:
1. that the offender is a man;
2. that the offender had carnal knowledge
of a woman;
3. that such act is accomplished under any
of the following circumstances:
  by using force or intimidation; or
  when the woman is deprived of reason
or otherwise unconscious; or
  by means of fraudulent machination or
grave abuse of authority; or
  when the woman is under 12 years of
age or demented
Elements of rape
under paragraph 2:
1. that the offender commits an act
of sexual assault;
2. that the act of sexual assault is
committed by any of the following
means:
 by inserting his penis into another
person's mouth or anal orifice; or
 by inserting any instrument or
object into the genital orifice of
another person;
that the act of sexual assault is
accomplished under any of the
following circumstances:
1.  by using force or intimidation;
2.  when the woman is deprived of
reason or otherwise
unconscious; or
3.  b y m e a n s o f f r a u d u l e n t
machination or grave abuse of
authority; or
4.  when the woman is under 12
years of age or demented.
  Carnalknowledge: is defined as the act
of a man having sexual intercourse or
sexual bodily connection with a woman
  Consent: where a man takes hold of a

woman against her will and she
afterward consent to intercourse before
the act is committed, his act is not rape
  Where the female consents, but then

withdraws her consent before
penetration, and the act is
accomplished by force, it is rape; and
where a woman offers to allow a man to
have intercourse with her on certain
conditions, but accomplishes the act
without her consent, he is guilty of rape
  Consent after the consummation of rape:
assuming that the victim consented to the
sexual act when she woke up, the
accused is still liable for rape; it has already
been consummated, and thus, consent
given after the consummation of the act is
not of character to exclude the concept
of the crime of rape
  No traces of struggle: might result to the
intimidation made by the accused
  Lack of resistance does not negate rape:
especially when the victim is unconscious,
deprived of reason, manipulated,
demented, or young in either mental or
chronological age
  Moral ascendancy and influence over the
victim: is a substitute fir the requisite force,
threat, and intimidation, and strengthen
the fear which compels the victim to
conceal her dishonor
  Mentally retarded: having
sexual intercourse with a
mental retarded or demented
person is equivalent to
employing intimidation; proof
of intimidation or force is
immaterial in the crime of rape
  Deaf-mute: having sexual
intercourse with a deaf-mute is
not rape of woman deprived
of reason
 Insane person: rape of a
person deprived of reason
* Republic Act 8353: An Act Expanding
the Definition of the Crime of Rape

and Reclassifying the same as Crime
Against Persons
Who can commit rape?

1.  Any man or woman may be held
liable for rape.
2.  It is possible that a man may rape
his own wife, an act deemed as
“marital rape.” The penalty for rape
in general may apply on the
offender who commits marital rape.
  Statutory
rape: child under 12 years old:
the child victim’s consent in statutory

rape is immaterial because the law
presumes that her young age makes her
incapable of discerning good from evil
  NOTE!!!: Under the new law-

Republic Act 11648 or the Act
Raising the Age of Sexual Consent,
which increases the age of
statutory rape from 12 to 16. This
recognizes children's right to and
need for protection from sexual
abuse and exploitation.
Atty. Ma. Tiffany Tabuada Cabigon Article 266. Slight physical injuries and
maltreatment. -
The crime of slight physical injuries shall be
punished:
By arresto menor when the offender has
inflicted physical injuries which shall
incapacitate the offended party for labor from
one to nine days, or shall require medical
attendance during the same period.
By arresto menor or a fine not exceeding 20

pesos and censure when the offender has
caused physical injuries which do not prevent
the offended party from engaging in his
habitual work nor require medical assistance.
By arresto menor in its minimum period or a fine

not exceeding 50 pesos when the offender shall
ill-treat another by deed without causing any
injury.
ARTICLE 267. Serious Illegal Detention. —
Elements:
1.  that the offender is a private individual;
2.  that he kidnaps or detains another, or in any
manner deprives the latter of his liberty;
3.  that the act of detention or kidnapping must be
illegal;
4.  that in the commission of the offense, any of
the following circumstances is present:
§  that the kidnapping or detention lasts for

more than 3 days;
§  that is committed simulating public
authority;
§  that any serious physical injuries are inflicted
upon the person kidnapped or detained or
threats to kill him are made; or
§  that the person kidnapped or detained is a
minor, a female, or a pubic officer
kidnapping and serious illegal detention is
committed by a private individual who
shall kidnap or detain another, or in any
other manner deprive him of his liberty
provided that any of the circumstances is
present:
1.  the kidnapping or detention shall have
lasted more than 3 days;
2.  simulation of public authority;
3.  injuries, threats to kill; serious physical
4.  the victim is a female, public officer, or
minor except when the accused is the
parent of the minor;
5.  the purpose of kidnapping or detention
is extorting ransom for the victim or any
other person; or when the victim is killed
or dies as a consequence of the
detention or is raped, or is subjected to
torture or dehumanizing acts
2 indispensable elements:
deprivation of liberty of the victim

and intent to deprive liberty

deprivation of liberty: if the child was left is
a place which she did not know her way
back home; even if she had the freedom
to roam around the place of detention, for
under such a situation, the child's freedom
remains at the mercy and control of the
abductor
period of time: there must be an

appreciable period of time within which
the victim was deprived of her liberty; XPN:
even if the incident happened for only "a
very brief span of time"; there is no showing
that the victim was indeed deprived of her
liberty; however, her acts showed intention
robbery or kidnapping for ransom: if

the police office arrested the victim
without probable cause for purpose
of extorting money
note: in robbery with homicide or

rape with homicide: the victim of
homicide can be a bystander; a
responding police officer or even a
co-robber; the victim can be any
other person other than the victim of
rape
murder only: the detention is

considered as incidental if the same
merely arises from the transportation
of the victim to the place where he
shall be executed where the victim
was taken from one place to
another solely for the purpose of
killing and not for detaining him for a
length of time or for the purpose of
detaining a ransom for his release
detention is merely incidental: detention
is also considered as incidental if the
same merely arises from the
transportation of the victim from one
place to another to evade the police
authorities from arresting them
estafa (attempted or consummated): if

the victim is already dead, the accused
cannot anymore use deprivation of
liberty as mode of asking ransom for
payment from the relatives of the victim;
the accused employed false
representation that the victim is still alive
in asking money from his relatives
special complex crime of kidnapping

with rape: where the victim was
kidnapped not for the purpose of
raping her and without lewd design
but was subsequently raped as an
afterthought
implied conspiracy: guarding the victim
indicates implied conspiracy
accomplice: the accused was not guarding

the victim, but she was merely having
conversation unrelated to kidnapping with
the abductors; being present to the safe
house where the victim was detained, the
accused supplied moral aid to the abductors
in an efficacious way
in case of doubt, the accused shall be

convicted as accomplice on the basis of
community of design and not as a principal
basis of implied conspiracy: if the accused
was not guarding the victim, but he was
merely caught in the house where the victim
is detained where firearms are available, he is
only liable as an accomplice
§  implied conspiracy: accused

assisted in bringing the victim to
the basement owned by them,
and supplied food to him
ARTICLE 268. Slight Illegal Detention. —
There are three kinds of illegal detention:

1.  kidnapping and serious illegal detention;
2.  detention illegal detention; and
3.  unlawful detention
Elements:
1.  that the offender is a private individual;
2.  that he kidnaps or detains another, or in
any other manner deprives him of his
liberty;
3.  that the act of kidnapping or detention is
illegal;
4.  that the crime is committed without the
attendance of any of the circumstances
enumerated in Article 267
unlawful arrest: if the purpose of the
offender in detaining the person is
delivering him to proper authorities
but there is no reasonable ground to
make a citizen's arrest
no qualifying circumstance:
1.  has not lasted more than 3
days;
2.  the victim is not a minor
3.  the victim is not female
4.  not he is a public officer
5.  neither simulation of public
authority
6.  not serious physical injuries
7.  not threat to kill
slight illegal detention: the detention lasted
exactly for 3 days
detained victim v. offender: if the detained

victim is a public officer, the circumstance will
qualify the crime into kidnapping and serious
illegal detention, but if the offender is a public
officer, it will not automatically qualify into
kidnapping
demand for ransom: duration of his detention

becomes inconsequential
ransom: no specific form of ransom is required

to consummate the felony of kidnapping for
ransom as long as the ransom is intended as a
bargaining chip in exchange of the victim's
freedom; amount and purpose of ransom is
immaterial; whether the ransom is actually
paid to or received by the perpetrators in of
no moment
recipient of ransom: liable for

principal and not merely an
accomplice
kidnapping for ransom: voluntary

release cannot be appreciated as a
special mitigating circumstance or an
attenuating circumstance
implied conspiracy: providing a

place for detention
grave coercion: if the accused
compelled the victim to execute an
affidavit of desistance in connection

with a rape case, and he used violence
or intimidation as a mode of
compulsion
kidnapping and serious illegal

detention: if the accused compelled a
female victim, to execute an affidavit
of desistance in connection with a rape
case, and used deprivation for 2 days
as a mode of compulsion
kidnapping for ransom: if the accused

also demanded reimbursement of
litigation expense in the amount of 10k
in the rape case
ARTICLE 269. Unlawful Arrest. —
Elements:
1.  that the offender arrests or

detains another person;
2.  that the purpose of the offender
is to deliver him to proper
authorities;
3.  that the arrest or detention is not
authorized by law or there is no
reasonable ground
ARTICLE 270. Kidnapping and Failure to Return
a Minor. —
Elements:
1.  that the offender is entrusted with the
custody of a minor person (whether
over or under 7 years but less than 21
years of age)
2.  that he deliberately fails to restore
the said minor to his parents or
guardians
§  minority or femaleness: qualifies the
crime to kidnapping and serious
illegal detention
§  minority is not alleged in the
information: the accused can only
be prosecuted for "slight illegal
detention of the minor"
illegal detention: if a father chained the
leg of his minor child to a tree for
appreciable length of time
father is liable for serious illegal detention:

if the detention lasted for more than 3
days, the father is still liable for serious
illegal detention even though the victim is
his minor son
failure to return a minor: it can be

committed by a parent if the custody of
the minor is given by court to the other
parent
failure to return a minor: B decided not to

return C to his mother; instead, B took C
with him to the United States where he
intended for them to reside permanently
§  consummated: failure to return a

minor had been fully
consummated upon her
deliberate failure, by the accused
to return the minor to his parents
upon demand
ARTICLE 271. Inducing a Minor to Abandon
his Home. —
Elements:
1.  that the minor is living in the home
of his parents or guardians or the
person entrusted with his custody;
2.  that the offender induces said

minor to abandon such home

the crime can be committed by any
person or by the father or the mother
of the minor; note: that a parent can
only commit this crime if the custody
of the minor is given by the court to
the other parent
§  not liable for inducing a minor

to abandon his home: M, a 17
year old orphan girl, has been
living in the house of a couple A
and B since she was a child and
regarded by the couple as their
own child; C promised to marry her
and induced her to abandon his
home; C is not liable for inducing a
minor to abandon the home of his
parents or guardians or the persons
entrusted with his custody A and B
are not persons legally entrusted
with the custody of M.
ARTICLE 272. Slavery. —
Elements:
1.  that the offender purchases, sells,
kidnaps or detains a human being;
2.  that the purpose of the offender is

to enslave such human being
ARTICLE 273. Exploitation of Child Labor. —
Elements:
1.  that the offender retains a minor in his service;
2.  that it is against the will of the minor;
3.  that it is under the pretext of reimbursing
himself of a debt incurred by an ascendant,
guardian, or person entrusted with the custody
of such minor

EXPLOITATION OF CHILD LABOR: the creditor who
resorts to forced labor of a child under the pretext
of reimbursing himself for the debt incurred by the
child's father commits the crime of exploitation of
child labor, which is a form of slavery

double jeopardy: Juana cannot be prosecuted for
exploitation of child labor and trafficking in person
because of the rule on double jeopardy
Atty. Ma. Tiffany Tabuada Cabigon ARTICLE 274. Services Rendered Under
Compulsion in Payment of Debts.
Elements:
1.  that the offender compels an
debtor to work for him, either
as a household servant or farm
laborer;
2.  that it is against the debtor's
will;
3.  that the purpose is to require
or enforce the payment of a
debt
ARTICLE 275. Abandonment of Persons in Danger
and Abandonment of One’s Own Victim. —
Acts punishable under Article 275:
1.  by failing to render assistance to any
person whom the offender finds in
an uninhabited place wounded or in
danger of dying when he can
render such assistance without
detriment to himself, unless such
omission shall constitute a more
serious offense;
2.  the place is not inhabited;
3.  the accused found there a person
wounded or in danger or dying;
4.  the accused can render assistance
without detriment to himself;
5.  the accused fails to render the

assistance
6.  by failing to help or render
assistance to another whom the
offender has accidentally wounded
or injured;
7.  by failing to deliver a child, under
7 years of age whom the offender
has found abandoned, to the
authorities or his family, or by failing
to take him in a safe place
ARTICLE 276. Abandoning a Minor. —
Elements:
1. that the offender has the
custody of the child;
2. that the child is under 7 years
of age;
3. that he abandons such child;
4. that he has no intent to kill the
child when the latter is
abandoned
Child Abuse: Sections 10 (b) in
relation to Section 3 of RA No.
7610: includes failure to
immediately give medical
treatment to an injured child
resulting in serious impairment to
an injured child resulting in
serious impairment of his growth
and development or in his
permanent incapacity or death
or unreasonable deprivation of
his basic needs for survival, such
as food and shelter
TRESPASS TO DWELLING
ARTICLE 280. Qualified Trespass to Dwelling. —

Elements:
1.  that the offender is a private
person;
2.  that he enters the dwelling of
another;
3.  that such entrance is against the
latter's will
Qualifying circumstance:
§  if the offense is committed by
means of violence or intimidation
ARTICLE 281. Other Forms of Trespass. —
Elements:
1.  that the offender enters the
enclosed the premises or the
fenced estate of another;
2.  that the entrance is made while
either of them is uninhabited;
3.  that the prohibition to enter be
manifest;
4.  that the trespasser has not
secured the permission of the
owner or the caretaker thereof
ARTICLE 282. Grave Threats. —
acts punishable as grave threats:
1.  by threatening another with the
infliction upon his person, honor or
property or that of his family of any
wrong amounting to a crime and
demanding money or imposing any
other condition, even though not
unlawful, and the offender attained his
purpose;
2.  by making such threat without the
offender attaining his purpose;
3.  by threatening another with the
infliction upon his person, honor, or
property or that of his family of any
wrong amounting to a crime, the
threat not being subject to a condition
ARTICLE 283. Light Threats. —

threatened to publish in a weekly
periodical certain love letters written by
a married lady addressed to a person,
who is not her husband, unless she paid
4k
light threat; blackmail: in blackmail,

money may be extorted by threats or
something valuable obtained from a
person as a condition of refraining from
making an accusation against him or
disclosing some secret calculated to
operate to his prejudice
if the offender threatens to expose the

love letters written by a married lady
addressed to a person to her husband
unless she pays 4k to him, the crime
committed is light threat
threat made by the accused,
that they would report the
offended party to the BIR for tax
evasion did not constitute a
crime, the crime committed by
them when they made the
threat demanding money was
only "light threats; while threat
made by BIR officer that he
would file a tax evasion case
unless the offended party pay
his tax obligation is "not light
threat"
robbery by means of
intimidation: blackmail includes

the extortion of money from a
person by threat
robbery: grease money: by

using her position as an officer of
the DENR, accused succeeded
in coercing the complainant to
choose between 2 alternatives:
1-to part with their money, or 2-
suffer the burden and
humiliation of prosecution and
confiscation of the logs
2 maids filed against a retiree for rape
and acts of lasciviousness; the
investigator in conspiracy with the
maids is regularly demanding and
obtaining money from the retiree
under threat of being prosecuted xxx:
the investigator and the maids shall
be liable for robbery of it's immediate
or threat, if the intimidation is
conditional (note: the commission of
rape and acts of lasciviousness by the
retiree against the maids will not
exclude the commission of robbery or
threat by the investigator and the
maids against the retiree; these
crimes can co-exist
ARTICLE 285. Other Light Threats.
The penalty of arresto menor in its

minimum period or a fine not
exceeding 200 pesos shall be
imposed upon:

Any person who, without being
included in the provisions of the
next preceding article, shall
threaten another with a weapon, or
draw such weapon in a quarrel,
unless it be in lawful self-defense.
(1st form: without demanding
money or imposing a condition)

Any person who, in the heat of
anger, shall orally threaten another
with some harm not constituting a
crime, and who by subsequent
acts shows that he did not persist in
the idea involved in his threat,
provided that the circumstances
of the offense shall not bring it
within the provisions of article 282
of this Code.

Any person who shall orally
threaten to do another any harm
not constituting a felony.
ARTICLE 286. Grave Coercions. —
2 ways of committing grave

coercions:
1.  by preventing another, by means

of violence, threat, intimidation,
from doing something not
prohibited by law;
2.  by compelling another, by means
of violence, threats or intimidation,
from doing something against his
will, whether it be right or wrong.
Elements of grave
coercion:
1.  that a person prevented another
from doing something not prohibited
by law, or that he compelled him to
do something against his will, be it
right or wrong;
2.  that the prevention or compulsion be
effected by violence, threats, or
intimidation; or
3.  that the person that restrained the
will and liberty of another had not
the authority of law or the right to do
so, in other words, that the restraint
shall be made under authority of law
or in the exercise of any lawful right
grave coercion: before the

expiration of the lease contract,
armed elements of the lessor took
over the leased premises and forced
2 building custodians to leave
following which the gates were
welded; immaterial whether the
lessee is indebted to the lessor; he
who believes that he has an action
or a right to deprive another of the
holding of a thing must invoke the
aid of the competent court if the
holder refuse to deliver the thing
grave coercion: taking the law into one's
own hand; Isagani lost his gold necklace
bearing his initials; he saw Roy wearing the
said necklace; Isagani asked Roy to return
to him the necklace as it belongs to him,
but Roy refused; Isagani then drew his gun
and told Roy, "If you will not give back the
necklace to me, I will kill you!”
grave coercion; not robbery because the

taking was with the owner's consent: for
consideration promised by B, C agreed to
recover the bicycle stolen by A. C, by
means of violence and intimidation
forcibly took the bicycle from A. B then
paid C the agreed amount- C is only liable
for grave coercion by taking the law into
his own hands
grave threat and robbery:
robbery-A, B, and C, armed with guns,
went to see Pedro and demanded
100k; when Pedro refused, A pointed
his gun at him while B hit him with the
butt of his gun;
grave threat: D and E wrote Orlando,

a letter asking 50k and threatening to
kill his son and wife should he fail to
give the amount; he gave the money
when D called him that day-
intimidation is future or conditional
grave threat and grave

coercion:
grave threat and grave coercion: if
the act desired was not immediately
consummated, it would be a grave
threat; if the desired purpose was
correspondingly achieved, it is grave
coercion
grave threat: the intimidation is future

or unconditional: accused sent a
letter to his tenant, who is not paying
rentals, demanding to vacate his
rented apartment; otherwise, he will
kill her son
Atty. Ma. Tiffany Tabuada Cabigon coercion: a group of picketers threatened
the driver not to proceed, otherwise he
would be hurt, notwithstanding that the
driver told them that the truck did not
belong to him; as a result of the threat, the
truck remained in the premises for 2 days
(the threat was actual and immediate; at
that very moment)
grave threat; made without demand or

condition, intimidation is actual or
immediate rather than conditional or
future: the accused shouted repeatedly,
"Agustin, putang ina mo. Agustin,
mawawala ka. Agustin lumabas ka,
papatayin kita."- although the crime is
immediate and personal, the crime
committed is grave threat because it
creates fear of being harmed in the mind
of the victim
ARTICLE 287. Light Coercions. —
Elements:
1.  that the offender must be a creditor:

2.  that he seizes anything belonging to
his debtor;
3.  that the seizure of the thing be
accomplished by means of violence or a
display of material force producing
intimidation;
4.  that the purpose of the offender is to
apply the same to the payment of the
debt
light coercion: the accused employed physical
violence when he forcibly removed the goods
from the store of his debtor
light coercion is similar to exploitation of child

labor or services rendered under compulsion in
payment of debt: in the sense that these crimes
are committed by creditors who collect the
amount due to debtors by force or unlawful means
unjust vexation/without violence, threat or

intimidation: a person who prevents another from
doing something against his will, whether it be right
or wrong
vague/cannot be interpreted as an intimidation or

threat: "Do not open it or else something may
happen to you.": when the lessee refused to pay
her rental, the lessor nailed some wooden
barricades on one of the sides of the market stall
and posted a warning
if there is no violence: unjust vexation is
committed than light coercion: is one
seizes anything belonging to his debtor
(through deceit) for the purpose of
applying the same to the payment of the
debt without violence
unjust vexation: an act that caused
annoyance, irritation, torment, distress, or
disturbance to the mind of the person to
whom it was directed; even if the element
of compulsion and restraint is not present
unjust vexation even if the element of

compulsion and restraint is not present:
cutting of the electric, water, and
telephone lines of complainant's business
establishment because these lines crossed
his property line without court order
constitutes unjust vexation
squatting has already been
decriminalized (RA No. 8368)
must be without court order: to
enforce the principle that no person
may take the law into his hands and
that our government is one of law,
not of men; it is unlawful for any
person to take into his own hands the
administration of justice
not necessary that the offended party

is present: it is enough that she was
embarrassed, annoyed, irritated or
disturbed when she learned of acts of
accused in reopening the stall and
effecting the transportation of the
goods therein to the police station
good faith is a defense: good

faith is a good defense since
unjust vexation, being a felony
by dolo, malice is an inherent
element of the crime; good
faith negates malice
CRIMES AGAINST PROPERTY
ARTICLE 293. Who are Guilty of Robbery
Any person who, with intent to gain,

shall take any personal property
belonging to another, by means of
violence against or intimidation of
any person, or using force upon
anything, shall be guilty of robbery.

robbery, defined: robbery is the
taking of personal property
belonging to another, with intent to
gain, by means of violence against,
or intimidation of any person, or
using force upon anything.
classification of robbery:
•  robbery with violence against, or
intimidation of person;
•  robbery by the use of force upon
things

elements of robbery in general:
1.  t h a t t h e r e b e ( 1 ) p e r s o n a l
property; (2) belonging to
another;
2.  that there is (3) unlawful taking of
that property;
3.  that the taking must be (4) with
intent to gain; and
4.  that there is (5) violence against or
intimidation of any person, or
force upon anything
SECTION ONE
Robbery with Violence Against or Intimidation of
Persons
ARTICLE 294. Robbery with Violence Against or

Intimidation of Persons — Penalties. —
robbery with violence or intimidation:

threat, slight physical injuries, less
serious physical injuries is absorbed in
robbery
separate crime of murder and theft:

primary criminal intent is killing the
victim: considering that the victim
was already heavily wounded when
his personal property were taken,
there was no need to employ
violence against or intimidation upon
his person
robbery with intimidation of persons: it
must create fear in the mind of a person
in view of a risk or injury that may be
impending, real or imagined:
threat of prosecution and confiscation
of the logs by DENR officers is an
intimidation within the meaning of
robbery
2 police officers demanded 500 from a

Chinese who allegedly violated the
Opium law, accompanied by threats to
take him before the proper authorities
and have him prosecuted, and for fear
of being prosecuted for a long term,
the Chinese negotiated the amount of
150
consummated: the crime is
consummated when the robbers
acquire possession of the property,
even for a short period of time, and it
is not necessary that the property be
taken into his the hands of the
robbers, or that he should have
actually carried the property away,
out of the physical presence of the
lawful possessor, or that he should
have made his escape with it.
in this case, the robbers accused

constructive possession of the money
when the cashier place it in front of
the counter
no frustrated stage
from the moment the offenders gained
possession of the thing, even if the culprits
had no opportunity to dispose of the same,
the unlawful taking is complete: the
accused took the properties from the
victims by violence and intimidation but
failed to bring them out from lumber
compound since they were apprehended
by police authorities
attempted stage: accused entered the

house, and employed violence against
the occupant thereof, but failed to open
the trunk containing the money
attempted robbery with homicide:
accused broke the lock of the safe
where the money is kept; they were
compelled to desist to take the money
because the victim fire in the air; they
killed the victim
victim refused to give his money to the
accused and no personal property was
shown to have been taken; it was for
this reason that the victim was shot
accused through overt acts of pulling

and grabbing something from the
victim had demonstrated his intention
of carrying out the robbery; failed to
consummate because the victim
resisted, so he killed the victim
trespass to dwelling: taking the

law into his own hands, broke
into house of B by destroying the
wall and taking the painting;
grave coercion if he used
violence or intimidation in taking
his own property from B
no criminal liability: if A did not

use violence or intimidation or
force upon thing in taking the
property from B
animus lucrandi or intent to gain:
actual gain is immaterial
"actus non facit reum, nisi mens sit

rea": one who takes the property
openly and avowedly under claim of
title offered in good faith is not guilty
of robbery even though the claim of
ownership is untenable
grave coercion: A entered the house

of B and then took and seized the
personal property by compulsion
from B with the use of violence,
believing himself to be the owner of
the personal property so seized
Homicide is said to have been

committed by reason or on the
occasion of robbery if, for instance,
it was committed:
1.  facilitate the robbery or the

escape of the culprit;
2.  to preserve the possession by the
culprit of the loot;
3.  to prevent discovery of the
commission of the robbery; or
4.  to eliminate witnesses in the
commission of the crime
robbery v. direct bribery: if the money was
given voluntarily or by reason of force or
intimidation
robbery: if the public officer demanded or

extorted money or property from the victim
by employing threat of arrest or
prosecution
accused obtained money from the victim

by means of threat to arrest for a crime that
he did not commit
direct bribery: even if he did not really

committed the crime, if he voluntarily gave
money to the public officer to buy peace
and to avoid the hassle of proving
innocence in criminal investigation and
prosecution; must be mutual and voluntary
robbery v. estafa:
§  in robbery, the accused demanded
the property front the victim under
threat of being arrested; and thus,
the victim involuntarily parted his
property or property delivered the
property under force or intimidation
§  in estafa, the accused employed

deceit, cunning, fraud, or
misrepresentation to obtain the
property, and thus, the victim
delivered the property voluntary by
reason of deceit
ARTICLE 298. Execution of deeds by

means of violence or intimidation.
Elements:
1.  that the offender has intent to defraud
another;
2.  that the offender compels him to sign,
execute, or deliver any public instrument
or document;
3.  that the compulsion is by means or
violence or intimidation
in robbery, theft or execution of document,
the property stolen is a personal property: in
the crime of execution of deeds by means
of violence or intimidation, the property
involved in document or public document,
which was executed by means of violence
and intimidation, may be real or personal; in
robbery or theft, intent to gain is an
indispensable element; on the other hand,
what it important is execution of deeds or
intimidation is intent to defraud
A broke into B's house, force

him to bring out some land
titles and after picking out a
title covering 200 square
meters in their barangay,
compelled B to type out a
Deed of Sale conveying the
said lot to him for 1.00 and
o t h e r v a l u a b l e
considerations
Article 305. False keys. - The term "false
keys" shall be deemed to include:
1. The tools mentioned in the

next preceding articles.
2. Genuine keys stolen from
the owner.
3. Any keys other than those
intended by the owner for use
in the lock forcibly opened by
the offender.

Chapter Two
BRIGANDAGE
Brigandage, defined: brigandage is
committed by more than 3 armed
person who form a band of robbers
for the purpose of committing
robbery in the highway or
kidnapping persons for the purpose
of extortion or to obtain ransom, or
for any purpose to be attained by
means of force or violence
There is brigandage when-

1.  there be at least 4 armed persons;
2.  they formed a band of robbers;
3.  the purpose is any of the following:
§  t o c o m m i t r o b b e r y i n t h e
highway; or
§  to kidnap persons for the purpose
of extortion or to obtain ransom;
or
§  to attain by means of force and
violence any other purpose
Article 308. Who are liable for theft. -
Elements of theft:
1.  that there be taking of personal
property;
2.  that the said property belongs to
another;
3.  that the taking be done with intent
to gain;
4.  that the taking be done without the
consent of the owner;
5.  that the taking be accomplished
without the use of violence against
or intimidation of persons or force
upon things
taking: taking is deemed complete from

the moment the offender gains possession
over the thing; even if he has no
opportunity over gaining possession of the
property to dispose of the same
accused shall be convicted of

consummated theft even though he was
immediately apprehended by police
officers after gaining possession of the
property without consent of the owner with
intent to appropriate
constructive possession: theft is
consummated when the offender
unlawfully acquires possession of
personal property even it for a short
time; in theft actual manual possession
of property is not required
the mere act of throwing by the

offender, who was a cargador while
riding in a truck, 2 cases of milk, is
consummated theft
theft is consummated since the

offender already acquired constructive
possession over the cases of milk when
they were thrown from the truck
§  ability to freely dispose is not an
element
§  property belonging to another, it is

immaterial whether said offender stole
it from the owner, mere possessor, or
even a thief of the property
§  intent to gain/animus lucrandi and not

actual gain; this cannot be where the
taker honestly believes the property is
his own or that of another, and that he
has the right to take possession of it for
himself or for another, for the protection
of the latter
§  replacement: replacement is not a

mode of extinguishing criminal liability
finder of lost property: theft is
committed by ay person who finds
the property but fails to deliver the
same to the local authorities or to its
owner; it does not require
knowledge of the lost property; if
the finder surrenders it to the police
officer and the police officer failed
to deliver the same to the owner
but spent the money, he shall be
liable for theft
theft of commercial document:

checks and other commercial
papers are subjects of theft
Article 310. Qualified theft. -

Elements:
1.  if the theft is committed by a domestic
servant;
2.  if the theft is committed with grave
abuse of confidence;
3.  if the property stolen is a (a) motor
vehicle; (b) mail matter; or (c) large
cattle;
4.  if the property stolen consists of
coconuts taken from the premises of
the plantation;
5.  if the property stolen is a fish taken from
a fishpond or fishery
6.  if the property is taken on the occasion
of fire, earthquake, typhoon, volcanic
eruption, or any other calamity,
vehicular accident or civil disturbance
stealing motor vehicle is carnapping while

stealing large cattle is cattle rustling
Atty. Ma. Tiffany Tabuada Cabigon Chapter Six
SWINDLING AND OTHER DECEITS

Elements of estafa in
general:
1.  that the accused defrauded
another (a) by abuse of
confidence, or (b) by means of
deceit; and
2.  that damage or prejudice

capable of pecuniary estimation
is caused to the offended party
or third person
Thus, estafa is committed:
1.  with unfaithfulness or abuse of

confidence;
2.  by means of false pretense or
fraudulent acts; or
3.  through fraudulent means
ESTAFA BY TAKING ADVANTAGE OF SIGNATURE
ESTAFA BY TAKING ADVANTAGE OF

SIGNATURE
•  By taking undue advantage of the

signature of the offended party in
blank, and by writing any document
above such signature in blank, to the
prejudice of the offended party or of
any third person.
•  Deceit: not an essential element of

estafa by abuse of confidence

damage as an element of estafa

may consist in:
1.  the offended party being deprived of
his money or property as a result of the
defraudation;
2.  disturbance in the property right; or
3.  temporary prejudice
* t h i s
is a form of estafa with
unfaithfulness or abuse of confidence
By means of any of the following false pretenses or
fraudulent acts executed prior to or simultaneously with
the commission of the fraud:

By using fictitious name, or falsely pretending to possess power,
influence, qualifications, property, credit, agency, business or
imaginary transactions, or by means of other similar deceits.
1.  crime of using fictitious name is absorbed in the crime of
estafa using fictitious name
2.  false pretense of qualification to sell securities (sell
membership shares) is within the contemplation of the
provision on estafa
3.  it is abundantly clear that the profits which the accused
and her co-conspirators promised to offended party would
not be realized
4.  false pretense must be committed prior to or simultaneous
with, not subsequent to the damage suffered by the victim
when he parted his money or property
5.  pre-existing obligation: if the obligation is pre-existing, there
is no estafa since the offended party did not part his money
or property because of the false pretense perpetrated by
the accused
By altering the quality, fineness or weight of
anything pertaining to his art or business.
estafa by altering the substance from opium

to molasses: upon receipt of payment,
accused delivered the container which they
represented to contain the opium, when in
fact, it merely contains molasses; even
though the obligation to deliver is illlegal
switched the lots: estafa by altering the

substance of the property to be delivered
from a suitable lot to a worthless lot
only liable for other deceits: to be held liable

for estafa by alteration, it is important that the
obligation to deliver the property already
exists, and the offender on making delivery
has altered the substance, quantity or quality
of the thing delivered
•  By pretending to have bribed any

Government employee, without
prejudice to the action for calumny
which the offended party may
deem proper to bring against the
offender. In this case, the offender
shall be punished by the maximum
period of the penalty.
•  the victim defrauded and the public

officer defamed can sue the
offender for estafa and defamation,
respectively
street name is 123:

embarrassment by reason of the
altercation involving the mistake of
the food cost is not an excuse in not
paying the owner of the restaurant,
who already agreed to accept the
lesser amount of 600.00
Article 320. Destructive arson. -
The penalty of reclusion temporal in its

maximum period to reclusion perpetua
shall be imposed upon any person who
shall burn:
1.  Any arsenal, shipyard, storehouse or

military powder or fireworks factory,
ordinance, storehouse, archives or
general museum of the Government.
2.  Any passenger train or motor vehicle
in motion or vessel out of port.
3.  In an inhabited place, any storehouse
or factory of inflammable or explosive
materials.
Article 327. Who are liable for malicious
mischief. -
Any person who shall deliberately cause the
property of another any damage not falling
within the terms of the next preceding
chapter shall be guilty of malicious mischief.
Elements of malicious mischief:
1.  that the offender deliberately caused
damage to the property of another;
2.  that such act does not constitute arson or
other crimes involving destruction;
3.  that the act of damaging another's
property be committed merely for the sake of
damaging it;
note: this third element presupposes that the

offender acted due hate, revenge or other
evil motive
the special cases of malicious

mischief are:
1.  causing damage to obstruct the
performance of public functions;
2.  using any poisonous or corrosive
substance;
3.  spreading any infection or contagion
among cattle;
4.  causing damage to the property of
the National Museum or National
Library, or to any archive or registry,
waterworks, road, and promenade, or
any other thing used in common by
the public
Article 332. Persons exempt from criminal
liability. -
No criminal, but only civil liability, shall result from
the commission of the crime of theft, swindling or
malicious mischief committed or caused mutually
by the following persons:
1.  Spouses, ascendants and descendants,
or relatives by affinity in the same line.
2.  The widowed spouse with respect to the
property which belonged to the
deceased spouse before the same shall
have passed into the possession of
another; and
3.  Brothers and sisters and brothers-in-law
and sisters-in-law, if living together.

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

crimes involved in the

exemption:
1. theft;
2. swindling (estafa);
3. malicious mischief
Article 333. Who are Guilty of Adultery.
Adultery is committed by any

married woman who shall have
sexual intercourse with a man
not her husband and by the
man who has carnal
knowledge of her, knowing her
to be married, even if the
marriage be subsequently
declared void.
Elements:
1.  that the woman is married;
2.  that she has sexual intercourse with
a man not her husband;
3.  that as regards the man with
whom she has sexual intercourse,
he must know her to be married
Sexual intercourse: Each sexual

intercourse constitutes a crime of
adultery. Adultery is not a continuous
crime since the two (2) adulterous acts
were not committed under a single
criminal impulse.
Adultery committed by married man and
woman: a man who underwent sexual
reassignment cannot commit adultery
since he is not a woman; between a
transgender and the offended party is
invalid.
Homosexual relationship: a married

woman, for having homosexual
intercourse with another woman, is not
liable for adultery since the secondary
offender is not a woman
No carnal knowledge: a man, who had

no carnal knowledge that the woman
was married, is not liable for adultery;
woman is still liable without regard to the
guilt of the man
ARTICLE 334. Concubinage. —
Any husband who shall 1-keep a

mistress in the conjugal dwelling,
or, shall have sexual intercourse, 2-
under scandalous circumstances,
with a woman who is not his wife,
or 3-shall cohabit with her in any
other place, shall be punished by
prisión correccional in its minimum
and medium periods.
Scandalous circumstances: are not
necessary to make him guilty of said
crime; only when the mistress is kept
elsewhere that “scandalous
circumstances” become an element of
the crime
cohabitation: dwell together for some

period of time; *in addition to sexual
intercourse, cohabitation, maintaining a
mistress in a conjugal dwelling or
scandalous circumstance is indispensable
to commit the crime of concubinage

meeting at least once a week in a place
where they can be alone together is not
enough to satisfy the requirement of
cohabitation, maintaining a mistress, or
scandalous relationship
hired a private investigator to

spy his husband: the investigator
took a photo (husband and
another woman having sexual
intercourse) in a five-star hotel;
not enough to prosecute the
man with concubinage; RA No.
9995 (Anti-Photo and Video
Voyeurism Act)
QUALIFIED SEDUCTION
(ARTICLE 337)

Two (2) Classes of qualified
seduction:
1.  seduction of a virgin over 12 years
and under 18 years of age by
certain persons, such as, a person
in authority, priest, teacher, etc.,
and
2.  seduction of a sister by her brother,

or descendant and her ascendant,
regardless of her age or reputation
Elements of a qualified
seduction of a virgin:
1. that the offended party is a virgin, which
is presumed if she is unmarried and of
good reputation;
2. that she must be over 12 and under 18
years of age;
3. that the offender has sexual intercourse
with her;
4. that there is abuse of authority,
confidence or relationship on the part of
the offender
There is abuse of authority, confidence
or relationship on the part of the offender
Three Classes of Offenders in the crime

of qualified seduction:
1.  Those who abuse their authority in
seducing the woman such person in
authority, guardian, teacher, or a
person entrusted in any capacity
with her education or custody;
2.  T h o s e w h o a b u s e c o n f i d e n c e
reposed on them by the woman
seduced such as priest, house-
servant, or domestic; and
3.  Those who abuse their relationship
with the woman seduced such as
those, who seduced their sister or
descendant
Teacher: even if the accused is not
the teacher of the offended party,
but they belong to the same school
Teacher in the same school where

the student was studying: sexual
intercourse in the stockroom and the
student became pregnant; consent
of the victim which is obtained
through seducement or abuse of
authority is not a defense
Domestic for the purpose of qualified

seduction: refers to persons usually
living under the same roof,
pertaining to the same house
Ascendant or brother: elements of minority
and virginity are dispensed with;
incestuous relationship; the relationship of
the offender and the victim must be by
consanguinity and need not be legitimate
Concept of Virginity/legal virginity:

virginity as an element of simple
abduction and qualified seduction
pertains to legal virginity; as long as the girl
is of good reputation, she is virgin in the
eyes of law
Consent: of the woman seduced to the

sexual intercourse with the offender: not a
defense in qualified seduction; it is
committed even though no deceit
intervenes or even when such carnal
knowledge was voluntary on the part of
the virgin
Article 338. Simple seduction.

Elements:
1.  that the offended party is
over 12 and under 18 years
of age;
2.  that she must be of good
reputation, single or widow;
3.  that the offender has sexual
intercourse with her;
4.  that it is committed by
means of deceit
Chapter Four
ABDUCTION

Article 342. Forcible abduction. -
Elements:
1.  t h a t t h e p e r s o n
abducted is any
woman, regardless of
her age, civil status, or
reputation;
2.  that the abduction is
against her will;
3.  that the abduction is
with lewd designs
crimes against chastity where

age and reputation of the
victim are immaterial:
1.  acts of lasciviousness against

the will or without the consent
of the offended party;
2.  qualified seduction of sister or
descendant;
3.  forcible abduction
murder and not kidnapping: accused
abducted and transported the victim to a
place suitable for killing, and thereafter,
the victim was killed; not kidnapping since
the deprivation of liberty is merely
incidental
forcible abduction is absorbed in the

crime of rape: accused abducted and
transported the victim to a place suitable
for raping her, and thereafter, the victim
was raped
kidnapping with homicide: accused

abducted the victim and transported the
victim to a safe house for the purpose of
killing him, and detained him therein for an
appreciable period of time, and
thereafter, the victim was killed
ARTICLE 349. Bigamy. —

elements of bigamy are:
1.  the offender has been legally

married;
2.  the first marriage has not been
legally dissolved, or in case his
or her spouse is absent, the
absent spouse has not been
judicially declared
presumptively dead;
3.  he contracts a subsequent
marriage;
4.  the subsequent marriage would
have been valid had it not
been for the existence of the
first marriage; and
5.  fraudulent intention.
Atty. Ma. Tiffany Tabuada Cabigon note: the death of the complainant
after the consummation of the
bigamy will not extinguish the
criminal liability of the accused for
bigamy since that is not a mode
mentioned in Article 89 of the RPC;
lack of legal impediment to marry his
second wife after the consummation
of the crime of bigamy is not a
defense since what is important is his
legal impediment at the time he
married his second wife

criminal liability shall not be
extinguished by subsequent events
not mentioned in Article 89 such as
subsequent declaration of nullity of
first marriage and second marriage
libel: if defamation is committed by means
of writing, printing, lithography, engraving,
radio, phonograph, painting, theatrical
exhibition, cinematographic exhibition, or
any similar means
oral defamation: if it is committed by oral

means
slander by deed: if it is committed by
performance of an act not punished as
libel or slander, which shall cast dishonor,
discredit or contempt upon another
person
elements of defamation (libel, oral

defamation, or slander by deed)
1.  the writing, utterance, or acts must
be defamatory;
2.  it must be malicious;
3.  it must be given publicity; and
4.  the victim must be identifiable
slander by deed: is a crime honor which is
committed by performing any act which casts
dishonor, discredit, or contempt upon another
person

Elements:
1.  that the offender performs any act not
included in any other crime against honor;
2.  that such act is performed in the presence of
other person or persons;
3.  that such act casts dishonor, discredit, or
contempt upon the offended party
slander: is libel committed by oral (spoken)
means, instead of writing in slander; the term oral
defamation or slander as now understood, has
been defined as the speaking of base and
defamatory words which tend to prejudice
another in his reputation, office, trade, business,
or means of livelihood
grave or simple slander: the gravity of
the oral defamation depends not only:
1-upon the expressions used, but also;
2-on personal relations of the accused
and the offended party; and 3- the
circumstances surrounding the case
grave slander: uttering words imputing

immorality against a respectable
married lady and her young daughters,
who are all prominent in the social
circles or imputing estafa to the
offended party
social standing and position of the
offended party are also taken into
account
multiple publication rule:

it is settled that a single
defamatory statement, if
published several;
xpn:
made not only to
express hate or
displeasure but also to
defame or to insult a
person in front of several
persons
publicity: is an element of
slander by deed since it is a
specie of the crime of
defamation; without
publicity, the crime
committed is "unjust vexation"
Atty. Ma. Tiffany Tabuada Cabigon ARTICLE 363. Incriminating Innocent
Person.
Any person who, by any act not
constituting perjury, shall directly
incriminate or impute to an innocent
person the commission of a crime,
shall be punished by arresto mayor.

Elements:
1.  the offender performs an act;
2.  that by such act he directly
incriminates or imputes to an
innocent person the commission of a
crime;
3.  that such act does not constitute
perjury
does not contemplate malicious
prosecution: it refers to the acts of
"planting evidence" and the like,

which do not in themselves constitute
false prosecution but tend directly to
cause false prosecutions the law
expressly excludes perjury as a means
of committing incriminating innocent
person

incriminating an innocent person: as a

general rule, planting of evidence to
incriminate an innocent person
constitutes the crime of incriminating
an innocent person
xpns: dangerous drugs;
unauthorized explosives;
loose firearm
(cc) Planting of Evidence.
— The willful act by any person of
maliciously and surreptitiously
inserting, placing, adding or
attaching directly or indirectly,
through any overt or covert act,
whatever quantity of any dangerous
drug and/or controlled precursor and
essential chemical in the person,
house, effects or in the immediate
vicinity of an innocent individual for
the purpose of implicating,
incriminating or imputing the
commission of any violation of this
Act.
Planting of Evidence
planting of evidence:
surreptitiously placed a firearm
in the premises of the offended
party and informed the police
against the offended party for
illegal possession of firearm
ARTICLE 364. Intriguing Against
Honor.
The penalty of arresto menor or fine not
exceeding 200 pesos shall be imposed for
any intrigue which has for its principal
purpose to blemish the honor or reputation
of a person.

gossiping: may constitute oral
defamation or intriguing against honor
oral defamation: the gossiping directly
imputes to the offended party a crime
or defamatory condition
intriguing against honor: if the gossiping
imputes to the offended party a crime
or defamatory condition, without
knowing the source thereof
Atty. Ma. Tiffany Tabuada Cabigon private crime: defamatory statement
accused upon a married woman of
having illicit relations with a man not
her husband which in effect constitute
adultery; since the crime alleged in the
Information is written defamation, it
cannot be prosecuted de officio
intriguing against honor and not oral

defamation: spreading gossips and
rumors by telling people in the
neighbor hood "May balita na si
Faustina ay kabit ni B, kalat na kalat
na"-without knowing the source
thereof, the crime is intriguing against
honor and not oral defamation
scheme or plot: intriguing against
honor is akin to slander by deed, in
that the offender does not avail
directly of written or spoken words,
pictures or caricatures to ridicule his
victim but of some ingenious,
crafty, secret plot, producing the
same effect
oral defamation: "why are you

going with her? masamang tao
iyan' and continued saying" 'all her
neighbors are her enemies.
maraming asunto siya,
nagkakagulo-gulo at
nagkakapatong-patong ang mga
asunto niya."
intriguing against honor: if

the offender spread pictures
of the offender party in the
company of a married man
with a statement "ang sweet
naman nila, smell something
fishy”
intriguing against honor: she

is not anymore a virgin since
she had a sexual intercourse
with a constituent
reckless imprudence, defined.
reckless imprudence consists in voluntarily,
but without malice, doing or failing to do
an act from which material damage
results by reason of inexcusable lack of
precaution on the part of the person
performing or failing to perform such act,
taking into consideration his employment
or occupation, degree of intelligence,
physical condition and other
circumstances regarding persons, time
and place

simple imprudence, defined.
consists in the lack of precaution
displayed in those cases in which the
damage impending to be caused is not
immediate nor the danger clearly
manifested

Elements of reckless
imprudence:
1.  that the offender does or fails to do
an act;
2.  that the doing of or the failure to
do that act is voluntary;
3.  that it be without malice;
4.  that material damage results;
5.  that there is inexcusable lack of
precaution on the part of the
o f f e n d e r, taking into
consideration-
§  his employment or occupation;
§  degree of intelligence, physical
condition, and
§  other circumstances regarding
persons, time and place
Elements of simple
imprudence:
1.  that there is lack of precaution on the
part of the offender;
2.  that the damage impending to be
caused is not immediate or the
danger is not clearly manifested
Simple negligence resulting in alarm

and scandal: leaving a loaded firearm
on a chair within the reach of a child
then playing in the place constitutes
reckless negligence; since the negligent
act created considerate shock and fear
among the persons present thereat
firing a gun in the air and at the
ground to stop 2 persons from having
a fistfight-not alarm and scandal
since there is no evil intent to cause
alarm; if he hit another person, he is
not liable for homicide, but if he
failed to exercise the necessary
precaution, he is liable for for reckless
imprudence resulting to homicide
murder (deliberate intent to kill):

backing up and running over the
victim for the second time shows
deliberate intent to kill the victim
note: there is no reckless imprudence

resulting in frustrated homicide
doctors: it must be shown that he did not
treat his patient in accordance with the
standard of care and skill commonly
possessed and exercised by similar specialist
under similar circumstances; failure to present
specialist as witness to testify on this standard
of care is fatal to the prosecution of the case
pharmacists: reckless negligence resulting to

homicide: pharmacists gave the victim 3 pills
which he was allergic and not a
"paracetamol"; it was held that the profession
of pharmacy demands care and skill; and
druggists must exercise care of a specially
high degree of care known to practical men,
so that human life may not constantly be
exposed to the danger flowing from the
substitution of deadly poisons for harmless
medicines
overtaking; "keep right": mandates all
motorists to drive and operate
vehicles on the right side of the road
or highway
contributory negligence: does not

exonerate the accused: the defense
of contributory negligence does not
apply in criminal cases involving
crime committed through reckless
imprudence, since one cannot
allege the negligence of another to
evade the effects of his own
n e g l i g e n c e ; h o w e v e r, s u c h
contributory negligence will mitigate
the amounts of civil liability imposed
upon the accused
last clear chance: where both parties are
negligent but the negligent act of one is
appreciably later in point of time than that of
the other, or where it is impossible to
determine whose fault or negligence brought
about the occurrence of the incident, the
one who had the last clear opportunity to
avoid the impending harm but failed to do so,
is chargeable with the consequences arising
therefrom; who had fair chance to prevent
the impending harm by the exercise of due
negligence
emergency rule: one who suddenly finds

himself in danger, and is required to act
without time to consider the best means that
may be adopted to avoid the impending
danger, is not guilty of negligence, if he fails to
adopt and upon reflection may appear to
have a better method, unless the emergency
in which he finds himself is brought about by
his own negligence
CRIMINAL
LAW II
QUESTIONS
1. Berto, with evident
premeditation and
treachery killed his
father. What was the crime
committed?
A. Murder
B. Parricide
C. Homicide
D. Qualified Homicide
2. PO3 Bagsik entered the
dwelling of Totoy against the
latter’s will on suspicion that Bitoy
keep unlicensed firearms in his
home. What was the crime
committed by PO3 Bagsik?
A. Trespass to Dwelling

B. Violation of Domicile
C. Usurpation Of Authority
D. Forcible Trespassing
3. Prof. Jose gave a failing grade
to one of his students, Lito. When

the two met the following day,
Lito slapped Prof. Jose on the
face. What was the crime
committed by Lito?
A. Corruption of Public Officials

B. Direct Assault
C. Slight Physical Injuries
D. Grave Coercion
4. A warrant of arrest was issued
against Fred for the killing of his

parents. When PO2 Tapang tried
to arrest him, Fred gave him 1
million pesos to set him free. PO2
Tapang refrained in arresting
Fred. What was the crime
committed by PO2 Tapang?
A. Indirect Bribery

B. Direct Bribery
C . C o r r u p t i o n o f P u b l i c
Officials
D. Qualified Bribery
5. The taking of another
person’s personal property,

with intent to gain, by means
of force and intimidation.
A. qualified theft
B. Robbery
C. Theft
D. malicious mischief
6. A medley of discordant
voices, a mock serenade of

discordant noises designed to
annoy and insult.

A. Tumultuous
B. Charivari
C. Sedition
D. scandal
7. Felony committed by a public
officer who agrees to commit act

in consideration of a gift and this
act is connected with the
discharge of his public duties.
A. qualified bribery

B. direct bribery
C. estafa
D. indirect bribery
8. Deliberate planning of
act before execution.
A. Treachery
B. evident premeditation
C. ignominy
D. cruelty
9. The unlawful destruction or
the bringing forth

prematurely, of human fetus
before the natural time of
birth which results in death.
A. abortion
B. infanticide
C. murder
D. parricide
10. Felony committed when a
person is killed or wounded during
the confusion attendant to a
quarrel among several persons not
organized into groups and the
parties responsible cannot be
ascertained.

A. alarm and scandal
B. mysterious homicide
C. death under exceptional
circumstances
D. tumultuous affray
11. In its general sense, it is
the raising of commotions or

disturbances in the State.

A. Sedition
B. Rebellion
C. Treason
D. Coup d’ etat
12. The detention of a
person without legal

grounds by a public officer
or employee.
A. illegal detention

B. arbitrary detention
C. compulsory detention
D. unauthorized
detention
13. A breach of allegiance to
a government, committed by
a person who owes
allegiance to it.
A. treason
B. espionage
C. rebellion
D. coup d’ etat
14. The Unlawful Resistance
to a superior or the raising of
c o m m o t i o n s a n d
disturbances on board a ship
against the authority of its
commander.
A. Piracy
B. Mutiny
C. High Jacking
D. Rebellion
15. One of the following is
not a crime against the

law of nation.
A. Treason
B. Qualified Piracy
C. Flight to Enemy's Country
D. Arbitrary Detention
16. One of the following is not a
crime against the Fundamental

Laws of the State.
A. Qualified Piracy
B. Arbitrary Detention
C. Delaying Release
D. Expulsion
17. It is the offense committed by
expelling a person from the

Philippines or by compelling a
person to change his residence.
A. Light Threats
B. Light Coercion
C. Expulsion
D. Grave Threats
18. The term used where the
object of the movement is

completely to overthrow and
supersede the existing
government.
A. Insurrection
B. Rebellion
C. Sedition
D. None of the Above
19. The term refers to a movement
which seeks merely to effect some

change of minor importance to
prevent the exercise of
governmental authority with
respect to particular matters or
subjects.
A. Insurrection
B. Rebellion
C. Sedition
D. None of the Above
20. This felony involves the raising
of commotions or disturbances in
the State. Its ultimate object is a
violation of the public peace or at
least such a course of measures as
evidently engenders it.
A. Coup D' Etat

B. Rebellion
C. Sedition
D. Treason
21. Committed by a person who
being under oath and required to

testify as to the truth of a certain
matter at a hearing before a
competent authority, shall deny
the truth or say something contrary
to it.
A. Slander
B. Perjury
C. Libel
D. False testimony
22. Which of the following crimes
over which the Philippine laws

have jurisdiction even if committed
outside the country?
A. Espionage
B. Piracy and Mutiny
C. Treason
D. All of these
23. Which among the following is
NOT a requisite for evident
premeditation and therefore
should NOT be appreciated?
A. One day meditation/reflection

and offered reward to killer;
B. Sudden outburst of anger
C. Sufficient interval of time
between time crime was
conceived and actual
perpetration;
D. Time when offender planned
to commit the offense.
24. If Denia slapped Rica’s face
in front of a lot of people in a

party, what crime did Denia
commit?
A. Unjust vexation
B. Slander by deed
C. Physical injury
D. Malicious mischief .
25. A public officer
appropriating public funds and

misappropriating public
property are examples of what
kind of an offense?
A. NONE of these
B. Malversation
C. Possession of prohibited
interest by a public officer
D. Fraud
26. In a fit of jealousy, Dovie
set fire on the “Banana

Republic” boxer shorts of her
boyfriend, Fred. What crime
did Dovie commit?
A. Malicious mischief
B. Reckless imprudence
C. Slight physical injury
D. Arson
27. Where a woman was carried
by the accused to a distance of 5
meters from the place where she
was grabbled, but left her because
of her screams, what crime was
committed?
A. Light coercion
B. Grave coercion
C. Attempted serious
illegal detention
D. Frustrated serious illegal
detention
28. Isabel, a housemaid, broke into a
pawnshop intent on stealing items of
jewelry in it. She found, however, that
the jewelry were in a locked chest.
Unable to open it, she took the chest
out of the shop. What crime did she
commit?
(A) Robbery in an
uninhabited place or in a
private building
(B) Theft
(C) Robbery in an
inhabited house or public
building.
(D) Qualified theft
29. Any person who, having
found lost property, shall fail to

deliver the same to the local
authorities or to its owner is
liable for
(A) occupation or
usurpation of personal
property.
(B) civil damages only.
(C) theft.
(D) other deceits.
30. X killed B, mistakenly
believing that she was his wife,
upon surprising her having sex
with another man in a motel
room. What is the criminal
liability of X?
(A) None since he killed her

u n d e r e x c e p t i o n a l
circumstances.
(B) None since he acted under
a mistake of fact.
(C) Parricide.
(D) Homicide

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Atty. Ma.

Tiﬀany Tabuada Cabigon

• adheres to the enemies giving

Proposal or conspiracy to commit treason is committed

DOCTRINE OF ABSORPTION: if the person to whom the

-can be committed both during wartime and peacetime

DOCTRINE OF ABSORPTION: if the person to whom the

-can be committed both during wartime and peacetime

-2 witness rule does not apply: separate and distinct crime

2-that he has knowledge of any conspiracy to

3-that he conceals or does not disclose and

* failure of a priest to disclose information

-it is not necessary that the information

* ARTICLE125: BY DELAYING THE

* ARTICLE 126: DELAYING RELEASE

legal grounds for detention:

* When a police officer is not liable for

writing and signed in the presence

* delay in the delivery of persons to

Elements common to 3 acts:

papers and effects against

Search warrant: is an order in writing

* a public officer may commit violation of

2. that the acts must be notoriously

The crime of coup d'etat is

* t hey used the rooms and other

* t hey used the rooms and other

* Proposal to commit rebellion or coup

* Conspiracy to commit rebellion, or

* The penalty of prision correccional in

* failed to resist a rebellion by all the means

* shallcontinue to discharge the duties of

* shall accept appointment to office under

* not punishable: disloyalty of public

* must not conspired with the rebels:

* Elements: (aid) arms,

§ equality between the rich and the poor (sedition):

§ sedition: (purpose is to inflict an act of hate or

2. of any meeting in which the

2. that the audience, whether armed or not,

• it is not necessary that all of them

What are illegal associations?

Persons liable for illegal

2. without any public uprising, by

Direct Assault is qualified:

* "person in authority" v. “agent of a

* engaged in the performance of duty:

§ not in the actual performance of duty: the

§ retired judge: attacking a judge while

* simple resistance: simple attack or

* directassault: a detention prisoner,

prison by disarming the guard; qualifying

2. that a person comes to the aid of such

3. that the offender makes use of force or

* note: a teacher or lawyer who comes

* a third person comes to the aid of a

aid of an agent of a person in

4. Any person who shall print, publish,

•  adheres to the enemies giving

*  failure of a priest to disclose information

* ARTICLE125: BY DELAYING THE

* ARTICLE 126: DELAYING RELEASE

* When a police officer is not liable for

* delay in the delivery of persons to

* a public officer may commit violation of

* t hey used the rooms and other

* t hey used the rooms and other

* Proposal to commit rebellion or coup

* Conspiracy to commit rebellion, or

* The penalty of prision correccional in

* failed to resist a rebellion by all the means

* shallcontinue to discharge the duties of

* shall accept appointment to office under

* not punishable: disloyalty of public

* must not conspired with the rebels:

* Elements: (aid) arms,

§ equality between the rich and the poor (sedition):

§ sedition: (purpose is to inflict an act of hate or

2.  of any meeting in which the

•  it is not necessary that all of them

2.  without any public uprising, by

* "person in authority" v. “agent of a

* engaged in the performance of duty:

§  not in the actual performance of duty: the

§  retired judge: attacking a judge while

* simple resistance: simple attack or

* directassault: a detention prisoner,

2.  that a person comes to the aid of such

3.  that the offender makes use of force or

* note: a teacher or lawyer who comes

* a third person comes to the aid of a

4.  Any person who shall print, publish,

1.  Any person who within any town or public

•  discharge of firearm in uninhabited forest is

•  alarm and scandal is an intentional felony: it

•  charivari: the term "charivari" includes a

2.  shall help the escape of such person,

2.  that the offender removes therefrom

•  direct assault and not evasion of

2. that he is serving his sentence

3. that he evades the service of

§  consenting to evasion: relaxation of

§  in addition to consenting to evasion,

2.  that he is charged with the

3.  that such prisoner escapes through

•  escape of an arrestee from custody

2.  that there is order resulting from:

3.  that the offender evades the

4.  that the offender fails to give

§  "special time allowance for loyalty under

§  Convicts who, under the circumstances

2.  that he committed a new felony

1. Forging the great seal of the

§  counterfeiting: means the imitation of a legal

1.  mutilating coins of the legal

2.  importing or uttering such

§  the coin must be of legal tender

1.  By giving to a treasury or bank

§  give away is included: he term give

§  art exhibits and art galleries: if those

1.  that the offender be a public officer within

2.  that the offers or promises are

1.  that the offender is a public officer;

•  technical malversation, the public

•  Any public officer who shall (RDC)

2.  a public officer who being charged with