I. CRIMINAL LIABILITY UNDER THE REVISED PENAL CODE IN CASES WHERE A PERSON IS KILLED OR DIES.

Prepared by: Atty. Modesto A. Ticman, Jr.

FELONY
PARRICIDE (Art. 246, RPC)
QUALIFYING CIRCUMSTANCES/
MANNER OF KILLING OR CAUSING
DEATH
Except for relationship which is
inherent, qualifying circumstances in
Murder or under Art. 14 are treated as
generic aggravating circumstances.
OFFENDED PARTY/OFFENDER
Ofr: Any person.
OP: The offender’s father, mother, or
child (legitimate or illegitimate) or any
of his legitimate ascendants, or
descendants, or his spouse.
INTENT NATURE
 With intent to kill, in any of its
stages; OR
Crime Against Persons
 Without intent, in case where
accused is committing an intentional
felony which resulted to the death of
any of the victims in Parricide. (see
Arts. 4 [1] and/or 49, RPC)

1.With treachery, taking advantage of

superior strength, with the aid of Ofr: Any person.
MURDER (Art. 248, RPC) With intent to kill in any of its stages. Crime Against Persons
armed men, or employing means to OP: Any person, except victims in
weaken the defense or of means or Parricide and children below three (3)
persons to insure or afford impunity. days old (Infanticide).
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 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.
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FELONY
HOMICIDE (Art. 249, RPC)
DEATH CAUSED IN A TUMULT-
UOUS AFFRAY (Art. 251, RPC)
GIVING ASSISTANCE TO SUICIDE
(Art. 253, RPC)
INFANTICIDE (Art. 255, RPC)
QUALIFYING CIRCUMSTANCES/
MANNER OF KILLING OR CAUSING
DEATH
Must not be attended by any of the
qualifying circumstances in Murder.
A person is killed in the course of a
tumultuous affray, and it cannot be
ascertained who actually killed the
victim. The person who may be
identified to have inflicted serious
physical injuries or used violence upon
the deceased is liable for DCTA. There
is a tumultuous affray when several
persons, not composing groups
organized for the common purpose of
assaulting and attacking each other
reciprocally, quarrel and assault each
other in a confused and tumultuous
manner.
Assisting another to commit suicide, or
doing the killing of one who wants to
commit suicide.
Qualifying circumstances in Murder or
under Art. 14 are treated as generic
aggravating circumstances.
OFFENDED PARTY/OFFENDER
Ofr: Any person.
OP: Any person, except victims in
Parricide and children below three (3)
days old (Infanticide).
Ofr: Any person.
OP: Any person killed in a tumultuous
affray.
Ofr/OP: Any person.
Ofr: Any person.
OP: Any child who is 3 days old or
below.
INTENT NATURE
 With intent to kill, in any of its
stages; OR
 Without intent, in case where Crime Against Persons
accused is committing an intentional
felony which resulted to the death of
any person other than those victims in
Parricide or Infanticide. (see Arts. 4
[1] and/or 49, RPC)
Intent to kill is not essential. Intent to
cause physical injuries or use violence Crime Against Persons
is enough.
With intent to kill or cause death. Crime Against Persons
 With intent to kill, in any of its
stages; OR
Crime Against Persons
 Without intent, in case where
accused is committing an intentional
felony which resulted to the death of
the child. (see Arts. 4 [1] and/or 49,
2

FELONY
DUEL (Art. 260, RPC)
(Attempted or Consummated)
RAPE WITH HOMICIDE (Art. 266-
B, RPC)
KIDNAPPING WITH HOMICIDE
(Art. 267, RPC)
ABANDONING A MINOR (Art. 276,
RPC)
ROBBERY WITH HOMICIDE (Art.
294 [1], RPC)
ATTEMPTED ROBBERY WITH
HOMICIDE (Art. 297, RPC)
QUALIFYING CIRCUMSTANCES/
MANNER OF KILLING OR CAUSING
DEATH
A person is killed or dies in a duel.
By reason or on the occasion of the
rape, the victim dies or is killed.
As a consequence of the detention,
the victim dies or is killed.
The death of the victim results from
abandonment.
By reason or on the occasion of the
robbery, any person dies or is killed.
Qualifying circumstances in Murder
may be appreciated as generic
aggravating circumstances, while
relationship as an alternative
circumstance (Art. 15) is mitigating.
By reason or on the occasion of the
robbery in its attempted stage, the any
person dies or is killed. Qualifying
circumstances in Murder may be
appreciated as generic aggravating
circumstances, while relationship as
an alternative circumstance (Art. 15) is
mitigating.
OFFENDED PARTY/OFFENDER
Ofr/OP: Any person
Ofr: Any person.
OP: Woman (rape through sexual
intercourse), or any person in case of
rape through sexual assault.
Ofr: Any private individual.
OP: Any person
OP: A child under 7 years of age.
Ofr: Anyone upon whom the custody
of the victim is incumbent.
Ofr: Any person
OP: Any person, whether or not a
victim of robbery.
Ofr: Any person
OP: Any person, whether or not a
victim of attempted robbery.
RPC)
INTENT
With or without intent to kill
With or without intent to kill
With or without intent to kill
Intent to kill or to cause death, not
essential.
With or without intent to kill
With or without intent to kill
NATURE
Crime Against Persons
Crime Against Persons/
Special Complex Crime
Crime Against Personal Liberty/
Special Complex Crime
Crime Against Personal Liberty
Crime Against Property/
Special Complex Crime
Crime Against Property/
Special Complex Crime
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FELONY
REBELLION (Art. 134, RPC)
COUP D’ETAT (Art. 134-A, RPC)
DIRECT ASSAULT (Art. 148, RPC)
WITH HOMICIDE/MURDER
INDIRECT ASSAULT (Art. 149, RPC)
WITH HOMICIDE/MURDER
OCCUPATION OF REAL PROPERTY
OR USURPATION OF REAL RIGHTS
IN PROPERTY (Art. 312, RPC)
QUALIFYING CIRCUMSTANCES/
MANNER OF KILLING OR CAUSING
DEATH
Person/s is/are killed as a necessary
means, in furtherance or on the
occasion of the commission of
Rebellion or Coup d’etat, wherein the
killings are deemed absorbed therein.
Without public uprising, by attacking a
person in authority or his agent
resulting his death, while the victim is
engaged in the performance of official
duties, or on the occasion of such
performance, i.e., by reason of the
past performance thereof.
By killing any person coming to the aid
of persons in authority or their agents
who are victims of Direct Assault.
A person is killed or his death is
caused by any person who, by means
of violence against or intimidation of
persons, while taking possession of
any real property or usurping any real
rights in property belonging to
another.
OFFENDED PARTY/OFFENDER INTENT NATURE
Rebellion:
With or without intent to kill. Crime Against Public Order
Ofr/OP: Any person
Coup d’etat:
Ofr: (1) members of the military or
police or anyone in government
service; (2) private individuals as
conspirators, or (3) anyone who leads
or in any manner directs or commands
others, or who participates, or in any
manner supports, finances, abets or
aids, in undertaking a coup d'etat.
[Art. 135]
OP: Any person
Ofr: Any person Complex crime.
With or without intent to kill. Note: If the victim does not die, it
OP: Person in authority or his agent,
as defined under Art. 152, RPC. could be DA w/ Att. or Frust. Homicide
[if there is intent to kill]; otherwise, it
could be DA w/ SPI or LSPI only. Sl. PI
is however absorbed in DA, it being
inherent.
Complex crime.
Ofr/OP: Any person With or without intent to kill. Note: If the victim does not die, it
could be IDA w/ Att. or Frust.
Homicide [if there is intent to kill];
otherwise, it could be IDA w/ SPI or
LSPI only.
OP: Owner of the real property With or without intent to kill. Crime Against Property
occupied or of the real rights in
property usurped by the offender.
Ofr: Any person
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II. CRIMINAL LIABILITY UNDER THE REVISED PENAL CODE IN CASE A PERSON COMMITS SEXUAL INTERCOURSE/ASSAULT OR ACTS OF
LASCIVIOUSNESS AGAINST ANOTHER.

MITIGATING/AGGRAVATING/ NATURE
FELONY MANNER OF COMMISSION OFFENDER/S OFFENDED PARTY
QUALIFYING CIRCUMSTANCE

Married woman having sexual intercourse with Married woman and Husband MC  Abandonment without just-
ADULTERY (Art. 333, a man not her husband; or Paramour. ification by the offended spouse. Crime against Chastity / Private Crime.
RPC) Man who has carnal knowledge of a woman
knowing her to be married, even if the marriage
be subsequently declared void.

CONCUBINAGE (Art. Keeping a mistress in the conjugal dwelling, or Married man and Wife None. Crime against Chastity / Private Crime.
334, RPC) having sexual intercourse, under scandalous concubine.
circumstances, with a woman not his wife, or
cohabiting with her in any other place.

Q/AC: (Art. 266-B, RPC)

Having carnal knowledge of a woman: Any man Any woman ● with the use of deadly weapon or

RAPE THROUGH committed by 2 or more persons.

SEXUAL INTERCOURSE (a) by using force or intimidation; ● victim becomes insane. Crime against Persons / Public crime
● rape, whether attempted or
(Art. 266-A [1], RPC)
(b) who is deprived of reason or otherwise consummated, and the victim is
unconscious; killed.
● victim is under 18 y/o and the

(c) by means of fraudulent machination or grave offender is an ascendant, step-

abuse of authority, or parent, guardian, relative by
affinity or consanguinity within 3rd
(d) who is under twelve years of age, or is civil degree or by common law
demented, even though the above- spouse of victim’s parent.
circumstances mentioned are absent. ● victim is under the custody of the

authorities.
● rape is committed within the full

view of spouse, parent, children or

relative by affinity or consan-
guinity within 3rd civil degree.

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 FELONY MANNER OF COMMISSION OFFENDER/S OFFENDED PARTY MITIGATING/AGGRAVATING/ NATURE
QUALIFYING CIRCUMSTANCE
● victim is a religious engaged in
religious calling and offender is
RAPE THROUGH known to victim. Crime against Persons / Public crime
SEXUAL INTERCOURSE ● victim is under 7 y/o.

(Art. 266-A [1], RPC) ● offender knows that he is

afflicted with any sexually

transmissible disease and such is
transmitted to the victim.
● offender is a member of the AFP

or PNP, and he took advantage of

his position to facilitate its
commission.
● victim suffered permanent
physical mutilation or disability.
● offender knew of pregnancy of

victim at the time of rape.

● offender knew of the victim’s

mental/emotional disorder or
physical disability.

Insertion of penis into another person’s mouth Any man

RAPE THROUGH or anal orifice; or
SEXUAL ASSAULT Any person - SAME - Crime against Persons / Public crime
Insertion of any instrument or object into the Any person
(Art. 266-A [2], RPC) genital or anal orifice, under any of the
circumstances in Art. 266-A [1], RPC)

Any act of lasciviousness committed through Crime against Chastity / Private Crime.
ACTS OF LASCIVIOUS- Any person Any person None.
any of the circumstances under Art. 266-A [1],
NESS (Art. 336, RPC) RPC)

Any man who is a Woman who must be

Having sexual intercourse by abuse of authority, person in public
virgin (of good AC Seduction of his sister or Crime against Chastity / Private Crime.
QUALIFIED confidence or relationship, absent any of the authority,priest, home
reputation), over 12 descendant, virgin or not, and
circumstances under Art. 266-A [1], RPC) -servant, domestic, over 12 y/o.
SEDUCTION (Art. 337, guardian, teacher, or and under 18 years of
RPC) . age.
those who, in any
capacity is entrusted
with the education or
custody of the victim.

FELONY MANNER OF COMMISSION OFFENDER/S OFFENDED PARTY MITIGATING/AGGRAVATING/ NATURE

6
 QUALIFYING CIRCUMSTANCE

Any man who must Woman who must be None.

Having sexual intercourse by means of deceit, NOT be a person in over 12 and under 18 Crime against Chastity / Private Crime.
SIMPLE SEDUCTION
absent any of the circumstances under Art. 266- public authority, years of age.
(Art. 337, RPC) priest, home-
A [1], RPC).
servant, domestic,
guardian, teacher,
or anyone who, in
any capacity is en-
trusted with the
education or
custody of the
victim.

None. Additional rapes are treated

Abduction with lewd design and against the will Any man. Any woman. as separate from FA w/ Rape. Crime against Persons /Public crime/
FORCIBLE ABDUCTION of the victim as a necessary means of However, If the main intention in Complex Crime.
w/ RAPE (Arts. 342, committing rape through sexual intercourse. the abduction is to rape the victim,
266-A [1], and 48, RPC)
offender can be convicted only for
rape as FA is absorbed in the
former.

Abduction with lewd design and against the will Any man. Any person. None. Crime against Persons /Public crime/
FORCIBLE ABDUCTION
of the victim as a necessary means of Complex Crime.
w/ RAPE thru SEXUAL
committing rape through sexual assault.
ASSAULT (Arts. 342,
266-A[2], and 48, RPC)

KIDNAPPING WITH Woman in case of None. No matter how many rapes Crime Against Personal Liberty/
In the course of the detention, the victim is Any private rape thru sexual had been committed in the special Special Complex Crime/ Public Crime
RAPE (Art. 267, RPC) raped. individual intercourse; any complex crime of kidnapping with
person in rape thru rape, the resultant crime is only
sexual assault. one kidnapping with rape.

Woman in case or None. No matter how many rapes Crime Against Property/
ROBBERY WITH RAPE Robbery is accompanied by rape. Any person rape thru sexual had been committed in the special Special Complex Crime/ Public Crime
(Art. 294 [1], RPC) intercourse; any complex crime of robbery with
person in rape thru rape, the resultant crime is only
sexual assault. one robbery with rape.
MITIGATING/AGGRAVATING/
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 FELONY MANNER OF COMMISSION OFFENDER/S OFFENDED PARTY QUALIFYING CIRCUMSTANCE NATURE
Crime Committed by Public Officers /
Having sexual intercourse with the victim after Public officer or Any woman – None. Public Crime
ABUSES AGAINST having solicited or made immoral or indecent employee.
CHASTITY (Art. 245, advances thereto. [1] interested in
RPC) matters pending
Proof of solicitation is not necessary if there is before the offender
sexual intercourse. (p. 482, Reyes, The Revised for decision, or w/
Penal Code-Criminal Law, 18th ed. [2012]) respect to which he is
required to submit a
report or consult w/ a
superior officer, or
[2] under the custody
of the offender who is
a public officer direct-
ly charged with the
care and custody of
prisoners or persons
under arrest; or

[3] the wife, daughter,

sister or relative
within the same
degree by affinity of
the person in the
custody of the
offender.

Committing sexual intercourse or any lascivious

GRAVE SCANDAL (Art. act in a public place or within public view or Any person Victimless crime; None. Crime Against Public Morals
200, RPC) knowledge, provided such does not constitute State.
another crime punished under the RPC.

PROSTITUTION (Art. Habitually indulging in sexual intercourse or any Any woman. Victimless crime; None. Crime Against Public Morals
202, RPC) lascivious conduct, for money or profit. State.

III. CRIMINAL LIABILITY UNDER THE REVISED PENAL CODE IN CASES WHERE A PERSON DISCHARGES A FIREARM OR FIRECRACKER.
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 FELONY
PROHIBITION, INTERRUPTION OR
DISSOLUTION OF PEACEFUL
MEETINGS (Art. 131, RPC)
INTERRUPTION OF RELIGIOUS
WORSHIP (Art. 132, RPC)
OFFENDING RELIGIOUS FEELINGS
(Art. 133, RPC)
TUMULTS AND OTHER
DISTURBANCES OF PUBLIC ORDER
(Art. 153, RPC)
ALARMS AND SCANDALS (Art.
155, RPC)
DISCHARGE OF FIREARMS (Art.
254, RPC)
IV. CRIMINAL LIABILITY UNDER THE REVISED PENAL CODE IN CASES OF DETENTION, THREATS OR COERCION.
MANNER OF COMMISSION
Discharging of firearm or firecracker
resulting to the prohibition or
interruption of the holding of a
peaceful meeting, or dissolution of the
same, without legal ground.
Discharging of firearm or firecracker
resulting to the prevention or
disturbance or a religious ceremony or
manifestation of any religion.
Discharging of firearm or firecracker in
a place devoted to religious worship or
during the celebration of any religious
ceremony thereby notoriously
offending the feelings of the faithful.
Discharging of firearm or firecracker
resulting to any serious disturbance in
a public place, office, or establish-
ment, or the interruption or
disturbance public performances,
functions or gatherings, or peaceful
meetings.
Discharging of firearm or firecracker in
a public place, calculated to cause
alarm, danger or disturbance that is
not serious in character. Otherwise,
Art. 153 applies.
Discharging any firearm at another
without intent to kill.
OFFENDER
Public officer or employee who must
be a stranger to or not be a participant
in the peaceful meeting.
Public officer or employee who must
be a stranger to or not be a participant
in the religious ceremony.
Any person.
Any person, except in the case of a
public officer or employee, who is a
not stranger to or is a participant in
the peaceful meeting, etc. wherein he
has caused serious disturbance. In
such case, the public officer is liable
under Art. 131 or 132, as the case may
be.
Any person.
Any person.
INTENT NATURE
Intent is immaterial for as long as it
has caused the prohibition or
interruption of the holding of a Crime against the Fundamental Laws
peaceful meeting, or dissolution of the State.
thereof.
Intent is immaterial for as long as it
has caused the prevention or
disturbance of a religious ceremony or Crime against the Fundamental Laws
manifestation of any religion. of the State.
Intent is immaterial for as long as Crime against the Fundamental Laws
discharge of firearm or firecracker is of the State.
notoriously offensive to the feelings of
the faithful.
Intent is immaterial for as long as
discharge of firearm or firecracker has
caused any serious disturbance Crime Against Public Order
therein.
Intent is immaterial for as long as
Crime Against Public Order
discharge of firearm or firecracker has
caused any disturbance in a public
place.
To intimidate, scare or frighten the Crime Against Persons
offended party.
9
 FELONY MANNER OF COMMISSION OFFENDER OFFENDED PARTY MITIGATING/AGGRAVATING/ NATURE
QUALIFYING CIRCUMSTANCE

ARBITARY By arresting and detaining another without Any public officer or Any person. None. Crime against the Fundamental Laws of
employee who has
DETENTION (Art. 124, lawful grounds. the State.
the authority to
RPC) arrest or detain
another or cause or
order his arrest or
detention.

DELAY IN THE By arresting and detaining another for some Any public officer or Any person. None. Crime against the Fundamental Laws of
DELIVERY OF legal ground but failing to deliver such person to employee who has the State.
PERSONS TO PROPER the proper judicial authorities within the period the authority to
JUDICIAL of 12 hours, for crimes punishable by light arrest or detain
penalties, 18 hours, for crimes punishable by another or cause or
AUTHORITIES (Art.
correctional penalties, 36 hours, for crimes order his arrest or
125, RPC) punishable by afflictive penalties, and 72 hours detention.
for crimes punishable under the Human Security
Act (RA 9372)

By delaying the release of a prisoner or Any public officer or Any person. None. Crime against the Fundamental Laws of
DELAYING RELEASE detention prisoner for the period of time employee tasked to the State.
(Art. 126, RPC) specified in any judicial or executive order implement such
directing such release, or unduly delaying the order or serve the
service of the notice of such order to said same.
prisoner or the proceedings upon any petition
for the liberation of such person.

EXPULSION (Art. 127, By expelling any person from the Philippines or Any public officer or None. Crime against the Fundamental Laws of
RPC) compelling such person to change his residence. employee who is the State.
not authorized
under the law to do
so.

FELONY MANNER OF COMMISSION OFFENDER OFFENDED PARTY MITIGATING/AGGRAVATING/ NATURE

10
 QUALIFYING CIRCUMSTANCE
By kidnapping or detaining another, or in any Private individual.
other manner deprive him of his liberty, under Any person. QC:
KIDNAPPING AND However, a public Crime against Personal Liberty and
any of the following circumstances: officer or employee ● if committed for the purpose of Security.
SERIOUS ILLEGAL extorting ransom.
DETENTION (Art. 267, 1. If the kidnapping or detention shall have may be an offender
lasted more than 3 days. herein if, in detain-
RPC) ● if the victim dies or is killed
2. If it shall have been committed simulating ing the victim, he
public authority. did so neither in (Special Complex Crime of
3. If any serious physical injuries shall have been furtherance of his Kidnapping with Homicide)
inflicted upon the person kidnapped or official functions, in
detained; or if threats to kill him shall have been the pursuit of ● if the victim is raped (Special
made. authority vested in Complex Crime of Kidnapping with
4. If the person kidnapped or detained shall be a him nor in relation Rape)
minor, except when the accused is any of the to his office, but in
parents; female or a public officer. purely private capa-
Note: Accused is nonetheless guilty of KSIL even city. [People vs.
if none of the foregoing circumstances are Trestiza, 660 SCRA
present if kidnapping or detention is committed 407 (2011)]
for the purpose of extorting ransom from the
victim or any other person.

MC:
By kidnapping or detaining another, or in any Private individual. Any person who must
SLIGHT ILLEGAL not be a woman, If offender voluntarily releases the Crime against Personal Liberty and
other manner deprive him of his liberty absent The ruling in Security.
DETENTION (Art. 268, any of the foregoing circumstances. public officer or victim within 3 days from the start
RPC) Trestiza is applic- minor. of the detention, without having
able though. attained the purpose intended,
and before the institution of
criminal proceedings against him.

UNLAWFUL ARREST By arresting or detaining another, without Any person None.

Any person. Crime against Personal Liberty and
(Art. 269, RPC) authority of law or reasonable ground therefor,
for the purpose of delivering him to the proper Security.
authorities.

FELONY MANNER OF COMMISSION OFFENDER OFFENDED PARTY MITIGATING/AGGRAVATING/ NATURE

QUALIFYING CIRCUMSTANCE

11
KIDNAPPING AND By deliberately failing to restore a minor to his Any person en- Any person under 18 None. Crime against Personal Liberty and
FAILURE TO RETURN parents or guardians. trusted with the years of age. Security.
A MINOR (Art. 270, custody of a minor
RPC) person.

SLAVERY (Art. 272, By purchasing, selling, kidnapping or detaining a Crime against Personal Liberty and
Any person. Any person. QC: If the crime be committed for
RPC) human being for the purpose of enslaving him. the purpose of assigning the Security.
offended party to some immoral
traffic.

SERVICES RENDERED By compelling the debtor to work for the Any creditor. Any debtor. None. Crime against Personal Liberty and
UNDER COMPULSION offender, against his will, as household servant Security.
IN PAYMENT OF DEBT or farm laborer, in order to require or enforce
(Art. 274, RPC) the payment of a debt.

GRAVE THREATS (Art. By threatening another with the infliction upon
282, RPC) the person, honor or property of the victim or of
his family of any wrong amounting to a crime,
with or without any demand for money or any
condition imposed, even though not unlawful,
and whether or not the offender shall have
attained his purpose.
MC if the offender shall not have
Any person. Any person. attained his purpose. Crime against Personal Liberty and
MC if the threat shall not have Security.
been made subject to a condition.
QC if offender shall have attained
his purpose.
QC If the threat be made in
writing or through a middleman.

LIGHT THREATS (Art. By threatening another with the infliction upon

Crime against Personal Liberty and
283, RPC) the person, honor or property of the victim or of Any person. Any person. None. Security.
his family of any wrong NOT amounting to a
(Blackmailing) crime coupled with demand for money or a
condition imposed, even though not unlawful,
and whether or not the offender shall have
attained his purpose.

FELONY MANNER OF COMMISSION OFFENDER OFFENDED PARTY MITIGATING/AGGRAVATING/ NATURE

QUALIFYING CIRCUMSTANCE

12
OTHER LIGHT [1] By threatening another with a weapon or Any person. Any person. Crime against Personal Liberty and
THREATS (Art. 285, draw such weapon in a quarrel, unless it be in None. Security.
RPC) lawful self-defense.
[2] In the heat of anger, by orally threatening
another with some harm constituting a crime,
and who by subsequent acts show that he did
not persist in the idea involved in his threat.
[3] Any person who shall orally threaten to do
another any harm not constituting a felony.

THREATENING TO By threatening another to publish a libel

PUBLISH AND OFFER concerning him or the parents, spouse, child, or None. Crime against Honor.
Any person. Any person.
TO PREVENT SUCH other members of the family of the latter or by
PUBLICATION FOR A offering to prevent the publication of such libel
COMPENSATION for a compensation or money consideration.
(Art. 356, RPC) This may be considered as a form of
blackmailing.

[1] by preventing another from doing something QC If the coercion be committed
GRAVE COERCION not prohibited by law, without authority of law Any person. Any person. for the purpose of compelling Crime against Personal Liberty and
(Art. 286, RPC) and by means of violence; or another to perform any religious Security.

[2] by compelling another to do something act or to prevent him from so

against his will, whether it be right or wrong, doing.
without authority of law and by means of
violence.

UNJUST VEXATION Any human conduct which, although not

(Art. 287, par. 2, RPC) productive of some physical or material harm, Any person. Any person. None. Crime against Personal Liberty and
could unjustifiably annoy or vex an innocent Security.
person.

FELONY MANNER OF COMMISSION OFFENDER OFFENDED PARTY MITIGATING/AGGRAVATING/ NATURE

QUALIFYING CIRCUMSTANCE

ROBBERY THROUGH By compelling another to sign, execute or

13
EXECUTION OF DEEDS deliver any public instrument or documents Any person. Any person. None. Crime against Property.
BY MEANS OF with intent to defraud another and by means
VIOLENCE OR of violence or intimidation.
INTIMIDATION (Art.
298, RPC)

By abducting any woman against her will and

with lewd designs and, in every case (i.e., even if Crime against Chastity / Private Crime
FORCIBLE ABDUCTION the abduction is not against the will of the Any person. Any woman. None.
(Art. 342, RPC) victim), if the female abducted be under 12
years of age.

CONSENTED By abducting a virgin over 12 years and under Any woman, who
ABDUCTION (Art. 343, 18 years of age, carried out with her consent Any person. must be a virgin and None. Crime against Chastity / Private Crime
RPC) and with lewd designs. over 12 but under 18
years of age.

V. CRIMINAL LIABILITY UNDER THE REVISED PENAL CODE IN CASES WHERE A PERSON UNLAWFULLY TAKES, APPROPRIATES OR
MISAPPROPRIATES ANY MONEY OR PROPERTY OF ANOTHER.

14
 OFFENDED PARTY MITIGATING/AGGRAVATING/
FELONY MANNER OF COMMISSION OFFENDER NATURE
QUALIFYING CIRCUMSTANCE
By taking, appropriating or misappropriating Any public officer or
MALVERSATION OF public funds or property (Intentional employee who is Government. None.
Crime Committed by Public Officers.
PUBLIC FUNDS OR Malversation) or by consenting, through accountable for
PROPERTY (Art. 217, abandonment or negligence, or permitting such public funds or
RPC) another person to take such public funds, or property by reason
property (Malversation through negligence). of the duties of his
office.
ROBBERY WITH By taking any personal property belonging to Crime against Property
Any person. Any person.
VIOLENCE AGAINST another, with intent to gain, by means of
violence or intimidation of any person xxx. (Art. Special Complex Crime (Art. 294, RPC)
OR INTIMIDATION OF
PERSONS (Arts. 293- 293, RPC) SCC when by reason or on occasion of
296, RPC) the robbery, the crime of homicide shall
Any member of a band who is present at the GAC  if committed in an
have been committed
uninhabited place or by a
commission of a robbery by the band, shall be  when the robbery shall have been
band (Art. 14, par. 6, RPC)
punished as principal of any of the assaults accompanied by rape or intentional
Band  more than three
committed by the band, unless it be shown that mutilation, or if by reason or on
armed malefactors taking
he attempted to prevent the same. (Art. 296, occasion of such robbery, any serious
part in the commission of
RPC) robbery. physical injuries under par. 1, Art. 263,
RPC shall have been inflicted.
 when the robbery shall have been
QC  if committed in accompanied by any serious physical
uninhabited place or by a injuries under par. 2, Art. 263, RPC shall
band, or by attacking a motor have been inflicted.
vehicle…xxx, or on a street,  if the violence or intimidation
road, highway, or alley, and
employed in the commission of the
the intimidation is made with
the use of a firearm. (Art. robbery shall have been carried to a
295, RPC) degree clearly unnecessary for the
commission of the crime.

QC  if committed in
ATTEMPTED By reason or on occasion of an attempted Any person. Any person. None.
uninhabited place or by a
Crime against Property / Special
ROBBERY WITH robbery, a homicide is committed. band, or by attacking a motor Complex Crime
HOMICIDE (Art. 297, vehicle…xxx, or on a street,
RPC) road, highway, or alley, and
the intimidation is made with
the use of a firearm. (Art.
FELONY MANNER OF COMMISSION OFFENDER OFFENDED PARTY MITIGATING/AGGRAVATING/
295, RPC) NATURE
QUALIFYING CIRCUMSTANCE
ROBBERY WITH USE
15
OF FORCE UPON By taking any personal property belonging to
THINGS (Arts. 299 - another, by xxx, use of force upon things. (Art.
302, RPC) 293, RPC)
Any armed person committing robbery in an
inhabited house or public building or edifice
devoted to religious worship. (Art. 299, RPC)
Any robbery committed in an uninhabited place
or in private building. (Art. 302, RPC)
Any person. Any person. QC  if committed in an unin-
habited place and by a band or
when the property taken is a mail
matter or large cattle.
MC  if the offender is not armed,
or if armed, if the value of the
property taken does not exceed Crime against Property
₱50,000. (R.A. 10951)

The offender shall enter the house or building

where robbery was committed, by any of the
following means:

1. Through a opening not intended for entrance

or egress.
2. By breaking any wall, roof, or floor or
breaking any door or window.
3. By using false keys, picklocks or similar tools.
4. By using any fictitious name or pretending the
exercise of public authority.
5. By the breaking of doors, wardrobes, chests,
or any other kind of locked or sealed furniture
or receptacle;
6. By taking such furniture or objects to be
broken or forced open outside the place of the
robbery.

QUALIFIED THEFT (Art. 310, RPC)

Theft is committed by any person who, with
THEFT (Arts. 308-310, intent to gain but without violence against or
RPC) intimidation of persons nor force upon things,
shall take personal property of another without
the latter's consent.
Theft is likewise committed by:
Any person. Any person. QC  If committed by a domestic
servant, or with grave abuse of
confidence, or if the property
stolen is motor vehicle, mail
matter or large cattle or consists of
coconuts taken from the

FELONY MANNER OF COMMISSION OFFENDER OFFENDED PARTY MITIGATING/AGGRAVATING/ NATURE

QUALIFYING CIRCUMSTANCE

16
 1. Any person who, having found lost property, premises of the plantation or fish
shall fail to deliver the same to the local Any person. Any person. taken from a fishpond or fishery, Crime against Property.
…THEFT (Arts. 308-
authorities or to its owner; or if property is taken on the
310, RPC) occasion of fire, earthquake,
2. Any person who, after having maliciously
damaged the property of another, shall remove typhoon, volcanic eruption, or any
or make use of the fruits or object of the other calamity, vehicular accident
damage caused by him; and or civil disturbance.
3. Any person who shall enter an inclosed estate
or a field where trespass is forbidden or which
belongs to another and without the consent of
its owner, shall hunt or fish upon the same or
shall gather cereals, or other forest or farm
products. (Art. 308, RPC)

By misappropriating or converting, to the

ESTAFA with unfaith- prejudice of another, money, goods, or any
fulness or abuse of other personal property received by the Any person. Any person. None.
confidence BY MIS- offender in trust or on commission, or for Crime against Property.
APPROPRAITION OR administration, or under any other obligation
CONVERSION (Art. involving the duty to make delivery of or to
315, par. 1[b], RPC) return the same, even though such obligation
be totally or partially guaranteed by a bond; or
by denying having received such money, goods,
or other property.

ESTAFA by means of By using fictitious name, or falsely pretending to

false pretenses and possess power, influence, qualifications, Any person. Any person. None.
property, credit, agency, business or imaginary Crime against Property.
fraudulent acts (Art.
transactions, or by means of other similar
315, par. 2[a], RPC) deceits, executed prior to or simultaneous with
the commission of fraud.

ESTAFA by means of By postdating a check, or issuing a check in Crime against Property.

false pretenses and payment of an obligation when the offender Any person. Any person. None.
therein were not sufficient to cover the amount
fraudulent acts (Art.
of the check, executed prior to or simultaneous
315, par. 2[d], RPC) with the commission of fraud.

FELONY MANNER OF COMMISSION OFFENDER OFFENDED PARTY MITIGATING/AGGRAVATING/ NATURE

17
 QUALIFYING CIRCUMSTANCE

OTHER FORMS OF By wrongfully taking a personal property from Owner of the Lawful possessor of a Crime against Property.
its lawful possessor, to the prejudice of the personal property. personal property None.
SWINDLING (Art. 316,
latter or any third person. owned by the
par. 3, RPC) offender.

LIGHT COERCION (Art. By seizing anything belonging to a debtor for

287, par. 1, RPC) the purpose of applying the same to the Any creditor. Any debtor. None. Crime against Personal Liberty and
payment of the debt, by means of violence. Security.

PIRACY ON THE HIGH By attacking or seizing a vessel or, the whole or Any person. Passengers or compli- 1. Whenever the offenders have Crime against National Security and the
SEAS OR PHILIPPINE part of the cargo of said vessel, its equipment, ments of the vessel. seized the vessel by boarding or Laws of Nations.
WATERS (Arts. 122 or personal belongings of its complement or However, if what is firing upon the same;
and 123, RPC; PD 532) passengers. seized is the whole
or part of the cargo 2. Whenever the pirates have
of the vessel, its abandoned their victims without
equipment, or means of saving themselves; or
personal belongings
of its complement 3. Whenever the crime is
or passengers, the accompanied by murder,
offender must homicide, physical injuries or rape.
neither be a
member of its
complement nor a
passenger thereof.

18
VI. CRIMINAL LIABILITY UNDER THE REVISED PENAL CODE IN CASES WHERE A PERSON GIVES OR MAKES A FALSE TESTIMONY OR WRITTEN
STATEMENT.

FELONY FALSIFICATION FALSE TESTIMONY IN CRIMINAL CASES FALSE TESTIMONY IN CIVIL CASES PERJURY
(Arts. 171, par 4. and 172, RPC) (Arts. 180 and 181, RPC) (Art. 182, RPC) (Art. 183, RPC)

By making untruthful statement in a
MANNER OF
COMMISSION narration of facts in a document where
the offender has the legal obligation to
disclose the truth thereon.
By falsely testifying, under oath, for or
against an accused in a criminal case
wherein the latter is either acquitted or
convicted in a final judgment, or the case
against him is dismissed.
By falsely testifying under oath in a civil case
on matters related to the issues presented in
said case, with malice and given with an intent
to affect the issues presented therein.
By making a statement under oath or by
executing an affidavit upon a material
matter where the offender has made a
willful and deliberate assertion of a
falsehood and the giving or making thereof
or its submission is required by law or for a
legal purpose.

OFFENDER Public officer or employee who has taken

Any person Any person Any person
advantage of his position in committing
such falsification (Art. 171, RPC); or a
private individual. (Art. 172, RPC)

 Quasi-judicial or administrative tribunals

WHERE GIVEN/ Court - Criminal proceedings Court - Civil proceedings Court – in civil cases governed by the Rules
N/A 
SUBMITTED of Special Proceedings.

NATURE Crime Against Public Interest Crime Against Public Interest Crime Against Public Interest Crime Against Public Interest

19
VII. CRIMINAL LIABILITY UNDER THE REVISED PENAL CODE IN CASES WHERE A PERSON INJURES THE CHARACTER, REPUTATION OR HONOR OF
ANOTHER THROUGH ACTS, UTTERANCES AND/OR MALICIOUS STATEMENTS.
FELONY LIBEL
(Arts. 353 and 355, RPC)
“public and malicious imputation
MANNER OF of a crime, or of a vice or defect,
COMMISSION real or imaginary, or any act,
omission, condition, status, or
circumstance tending to cause
the dishonor, discredit or
contempt of a natural or juridical
person, or to blacken the
memory of one who is dead.”
 writing, printing, lithography,
MEANS OF
engraving, radio, phonograph,
COMMISSION painting, theatrical exhibition,
cinematographic exhibition, or
any similar means.
 in cyber libel, through
computer system (Cybercrime
Law [RA No. 10175])
Crime against Honor
NATURE Generally, a Public Crime. It may
however be considered a Private
Crime if the defamation consists
in the imputation of a private
crime. The criminal action there-
for may be brought only at the
instance of and upon complaint
filed by the offended party.
ORAL DEFAMATION
(Art. 358, RPC)
The elements of oral defamation
are: (1) there must be an
imputation of a crime, or of a vice
or defect, real or imaginary, or any
act, omission, status or circum-
stances; (2) made orally; (3)
publicly; (4) and maliciously; (5)
directed to a natural or juridical
person, or one who is dead; (6)
which tends to cause dishonor,
discredit or contempt of the person
defamed.
Spoken words
Crime against Honor; Public Crime
SLANDER BY DEED
(Art. 358, RPC)
It 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, and (3) that such act casts
dishonor, discredit or contempt
upon the offended party.
Physical act or conduct.
Crime against Honor; Public Crime
INCRIMINATORY
MACHINATION
(Art. 363, RPC)
By performing an act, not consti-
tuting perjury which directly
incriminates or imputes to an
innocent person the commission of
a crime.
Commonly known as “planting of
evidence.”
However, the following laws (and
not Art. 363) apply in case the
evidence planted is:
 Firearm, ammunition or any part
thereof – Sec. 38, R.A. 10591; or
 Dangerous drug / controlled
precursor – Sec. 29, R.A. 9165
Crime against Honor; Public Crime
INTRIGUING AGAINST HONOR
(Art. 364, RPC)
By making any intrigue which has
for its principal purpose to blemish
the honor or reputation of another
person.
The offender does not directly
avail of written of spoken words
but of some trickery or secret plot.
“Gossiping” therefore is not
intriguing against honor.
Crime against Honor; Public Crime
20
VIII. CRIMINAL LIABILITY UNDER THE REVISED PENAL CODE IN CASES WHERE A PERSON EVADES HIS SENTENCE OR ESCAPES FROM DETENTION
FACILITY.
DELIVERING PRISONERS EVASION OF SERVICE OF EVASION OF SERVICE OF CONNIVING WITH OR EVASION THROUGH ESCAPE OF PRISONER
FELONY SENTENCE ON THE OCCASION OF CONSENTING TO UNDER THE CUSTODY OF
FROM JAIL SENTENCE NEGLIGENCE
(Art. 156, RPC ) (Art. 157, RPC ) DISORDERS… EVASION (Art. 224, RPC ) PRIVATE PERSON
(Art. 158, RPC ) (Art. 223, RPC ) (Art. 225, RPC )

MANNER OF By removing from any jail or
COMMISSION penal establishment any
prisoner or helping the
escape of such person, by
means of violence,
intimidation, or bribery.
By escaping during the term
of his imprisonment by
reason of final judgment.
By leaving the penal institution where By consenting to the Through the negligence By consenting to the escape
prisoner shall have been confined, on escape of a detention of the offender charged of a detention prisoner or
the occasion of disorder resulting prisoner or prisoner with the conveyance or prisoner serving sentence
from a conflagration, earthquake, serving sentence by final custody of a prisoner, by final judgment or if
explosion, or similar catastrophe, or judgment. the latter escapes. evasion takes place through
during a mutiny in which he has not negligence.
participated.
Penalty: an increase of 1/5 of the time still
remaining to be served under the original
sentence, which shall not exceed six months, if
prisoner fails to give himself up to within 48
hours following the issuance of a proclamation
by the Chief Executive announcing the passing
away of such calamity.
However, a deduction of 1/5 of the period of
his sentence shall be granted if said prisoner
who, having evaded his preventive imprison-
ment or the service of his sentence under the
circumstances, gives himself up to the
authorities within 48 hours. Further, a
deduction of 2/5 of the period of his sentence
shall be granted in case said prisoner chose to
stay in the place of his confinement
notwithstanding the existence of a calamity or
catastrophe enumerated. (RA 10592)

OFFENDER Any private person to

Any person Prisoner serving sentence
by final judgment
Prisoner serving sentence by final Public officer who has a Public officer who has a whom the conveyance or
judgment prisoner in his charge or prisoner in his charge or custody of a prisoner or
custody. custody. person under arrest is
confided (e.g., by way of
recognizance).

NATURE Crime Committed by Public Crime Committed by Crime Committed by Public

Crime against Public Order Crime against Public Order Crime against Public Order Officers Public Officers Officers

21
IX. CRIMINAL LIABILITY UNDER THE REVISED PENAL CODE IN CASES WHERE PERSONS RISE PUBLICLY AND TUMULTUOUSLY AND/OR TAKE ARMS
OR LEVY WAR AGAINST THE GOVERNMENT.
FELONY TREASON REBELLION COUP D’ ETAT SEDITION
(Art. 114, RPC) (Art. 134, RPC ) (Art. 134-A, RPC) (Art. 139, RPC)

MANNER OF COMMISSION By levying war against the
Philippines or adhering to her
enemies, by giving them aid or
comfort, within the Philippines or
elsewhere.
By rising publicly and taking arms
against the government for the purpose
of removing from the allegiance to said
Government or its laws, the territory of
the Philippine or any part thereof, of
any body of land, naval or other armed
forces, depriving the Chief Executive or
the Congress, wholly or partially, of any
of their powers or prerogatives.
It is a swift attack accompanied by
violence, intimidation, threat, strategy or
stealth, directed against duly constituted
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, for the
purpose of seizing or diminishing state
power.
By rising publicly and tumultuously in order to attain
by force, intimidation, or by other means outside of
legal methods, any of the following objects:
1. To prevent the promulgation or execution of any
law or the holding of any popular election;
2. To prevent the National Government, or any
provincial or municipal government or any public
officer thereof from freely exercising its or his
functions, or prevent the execution of any
administrative order;
3. To inflict any act of hate or revenge upon the
person or property of any public officer or employee;
4. To commit, for any political or social end, any act
of hate or revenge against private persons or any
social class; and
5. To despoil, for any political or social end, any
person, municipality or province, or the National
Government, of all its property or any part thereof.

OFFENDER Filipino citizens and resident Any person. Members of the military or police or Any person.
aliens. persons holding any public office of
employment.
Private individuals may liable for coup d’
etat if they are in conspiracy with the
above offenders; of if private individuals
participate, or in any manner support,
finance, abet or aid in undertaking a
coup d'etat. (Art. 135)

NATURE Crime Against National Security Crime Against Public Order Crime Against Public Order Crime Against Public Order
and the Laws of Nations

22
X. CRIMINAL LIABILITY UNDER THE REVISED PENAL CODE IN CASES WHERE A PERSON GIVES OR ACCEPTS A BRIBE OR REFRAINS FROM
PERFORMING AN ACT WHICH HE IS DUTY-BOUND TO DO, FOR OR WITHOUT ANY CONSIDERATION.
DIRECT BRIBERY INDIRECT BRIBERY QUALIFIED BRIBERY CORRUPTION OF PUBLIC DERELICTION IN THE
FELONY (Art. 210, RPC) (Art. 211, RPC ) (Art. 211-A, RPC) OFFICIALS PROSECUTION OF OFFENSES
(Art. 212, RPC) (Art. 208, RPC)

MANNER OF COMMISSION 1. By agreeing to perform or by
performing an act constituting a
crime, in connection with the
performance of this official
duties, in consideration of any
offer, promise, gift or present,
whether or not the crime
agreed upon shall have been
committed.
By accepting gifts offered to the
offender by reason of his office.
 By refraining from arresting or
prosecuting an offender who
has committed a crime punish-
able by reclusion perpetua
(and/or death) in consideration
of any offer, promise, gift or
present.
By making the offers or
promises or giving the gifts or
presents under any of the
circumstances that the recipient
may be held guilty of Direct,
Indirect or Qualified Bribery.
By maliciously refraining from
instituting prosecution for the
punishment of violators of the
law, or by tolerating the
commission of offenses, in
dereliction of the duties of the
offender’s office.

2. By accepting a gift in
consideration of the execution
of an act which does not
constitute a crime (but which
must be unjust), whether or not
the offender executed said act.

3. By refraining from doing

something which was the
offender’s official duty to do for
which the gift was received or
promised.

Public officer or employee Public officer or employee Public officer or employee Any person. Public officer or employee or
OFFENDER
tasked with law enforcement. officer of the law who is duty-
bound to cause the prosecution
and punishment of criminal
offenders.

NATURE Crime Committed by Public Crime Committed by Public Crime Committed by Public Crime Committed by Public Crime Committed by Public
Officers Officers Officers Officers Officers

23
XI. CRIMINAL LIABILITY UNDER THE REVISED PENAL CODE IN CASES WHERE A PERSON INFLICTS PHYSICAL INJURIES UPON, OR PHYSICALLY
MALTREATS ANOTHER.

FELONY MANNER OF COMMISSION OFFENDER/OFFENDED PARTY INTENT NATURE

By intentionally mutilating another by  Without intent to kill, but must be with

depriving him, either totally or partially, of Any person. deliberate intent to cut or lop off a
INTENTIONAL MUTILATION Crime Against Persons
some essential organ for reproduction or particular part of the victim’s body.
(Art. 262, RPC) any part of the victim’s body.

By wounding, beating, or assaulting another

SERIOUS PHYSICAL INJURIES whereby as a consequence, the victim –
Any person. Without intent to kill. Crime Against Persons
(Art. 263, RPC)
1. shall become insane, imbecile, impotent,
or blind; or

2. 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; or

3. 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 90 days; or

4. shall have been incapacitated for labor for

more than 30 days.

24
 FELONY
LESS SERIOUS PHYSICAL
INJURIES (Art. 265, RPC)
SLIGHT PHYSICAL INJURIES AND
MALTREATMENT (Art. 266, RPC)
ADMINISTERING INJURIOUS
SUBSTANCES OR BEVERAGES
(Art. 264, RPC)
PHYSICAL INJURIES CAUSED IN
A TUMULTUOUS AFFRAY (Art.
252, RPC)
MANNER OF COMMISSION OFFENDER/OFFENDED PARTY INTENT NATURE
By wounding, beating, or assaulting another
whereby as a consequence, the victim shall Any person Without intent to kill Crime Against Persons
become incapacitated for labor for 10 days
to 29 days, or shall require medical
assistance for the same period.
By wounding, beating, or assaulting another
whereby as a consequence, the victim – Any person Without intent to kill Crime Against Persons
1. shall become incapacitated for labor from
1 to 9 days, or shall require medical attend-
ance during the same period; or
2. was not prevented from engaging in his
habitual work nor require medical
assistance;
3. despite the ill-treatment by deed, does
not suffer any injury
By inflicting upon another any serious, Any person.
Without intent to kill or cause death. Crime Against Persons
physical injury, by knowingly administering
to him any injurious substance or beverages
or by taking advantage of his weakness of
mind or credulity.
A person suffers serious or less serious Ofr: Any person
physical injuries in the course of a With Intent to use violence but absent
tumultuous affray, and it cannot be OP: Any person who suffers less Intent to kill. Crime Against Persons
ascertained who actually caused the same to serious or serious physical injuries in
the victim. The person who may be a tumultuous affray. .
identified to have used violence upon the
deceased is liable for PICTA.
25
 FELONY
DUEL (Art. 260, RPC)
Attempted or Frustrated Stage
in HOMICIDE Cases
ROBBERY WITH SERIOUS
PHYSICAL INJURIES (Art. 294
[2], [3] and [4], RPC)
OCCUPATION OF REAL
PROPERTY OR USURPATION OF
REAL RIGHTS IN PROPERTY (Art.
312, RPC)
MALTREATMENT OF PRISONERS
(Art. 235, RPC)
MANNER OF COMMISSION
A person suffers physical injuries in a duel.
By physically assaulting or discharging a
firearm at another, whether or not any
injury is caused.
By reason or on the occasion of the robbery,
any person suffers serious physical injuries.
A person suffers physical injuries caused by
any person who, by means of violence
against or intimidation of persons, is taking
possession of any real property or usurping
any real rights in property belonging to
another.
A person suffers physical injuries resulting
from the overdoing in the correction or
handling of a prisoner, by the imposition of
punishment not authorized by the
regulations or infliction of such punishments
in a cruel and humiliating manner.
OFFENDER/OFFENDED PARTY INTENT NATURE
Ofr: participant in the duel With or without intent to kill Crime Against Persons
OP: Any person
OP: Any person, except victims in With intent to kill Crime Against Persons
Parricide and children below three
(3) days old (Infanticide).
Any person, whether or not a victim With or without intent to kill Crime Against Property/
of robbery. Exception under Art. 294 Special Complex Crime
[4]: in case the victim of serious
physical injuries (Art. 263 [3] and [4])
is one of the robbers.
OP: Owner of the real property With or without intent to kill. Crime Against Property
occupied or of the real rights in
property usurped by the offender.
Ofr: Any person
OP: Detention prisoner or prisoner
With or without intent to kill Crime Committed by Public
serving sentence by final judgment. Officers.
Ofr: Public officer directly charged
with the custody of said prisoner.
Note: In addition to his criminal liability
for MOP, offender may also be held
liable for Physical Injuries.
26
XII. CRIMINAL LIABILITY UNDER THE REVISED PENAL CODE IN CASES WHERE A PERSON CAUSES DAMAGE TO ANY PROPERTY OF ANOTHER.
ARSON
FELONY (Art. 320 of the RPC, as amended by
R.A. No. 7659 and P.D. No. 1613)
By burning or setting on fire the property of
another, or one’s own property under
MANNER/MEANS OF
circumstances which expose to danger the
COMMISSION life or property of another.
The properties subject thereof may include
any building, mode of conveyance for
transportation of persons or property,
transport terminals, and plantation, farm or
forest.
OFFENDER Any person
 If committed with intent to gain, for the
QUALIFYING/SPECIAL benefit of another, by a syndicate, or if the
AGGRAVATING offender is motivated by spite or hatred
towards the owner or occupant of the
CIRCUMSTANCES
property burned.
 if death results therefrom.
NATURE Crime Against Property
MALICIOUS MISCHIEF CRIMES INVOLVING DESTRUCTION THEFT
(Arts. 327 - 331, RPC) (Art. 324, RPC) (under Art. 308 [2], RPC)
By deliberately causing to the property of By cause destruction by means of explosion, After having maliciously
another any damage, through any means other discharge of electric current, inundation, damaged the property of
than fire. sinking or stranding of a vessel, intentional another, by removing or
damaging of the engine of said vessel, taking making use of the fruits or
up the rails from a railway track, maliciously object of the damage caused.
changing railway signals for the safety of
moving trains, destroying telegraph wires
and telegraph posts, or those of any other
system and, in general, by using any other
agency or means of destruction as effective
as those above enumerated.
Any person Any person Any person.
If the purpose is to obstruct the performance of If the commission endangers the safety of None.
public functions or to spread any infection or any person.
contagion among cattle; if any poisonous or
corrosive substance is used; causing damage to
the property of the National Museum or National
Library, or to any archive or registry, waterworks,
road, promenade, or any other thing used in
common by the public; or to any railway,
telegraph or telephone lines which may or may
not result in any derailment of cars, collision or
other accident; or to statues or any other useful
or ornamental public monument, or any useful
or ornamental painting of a public nature.
Crime Against Property Crime Against Property Crime Against Property
27
XIII. CRIMINAL LIABILITY UNDER THE REVISED PENAL CODE IN CASES WHERE A PERSON, WITHOUT AUTHORITY OF LAW, USURPS OR PERFORMS
THE FUNCTION OF ANOTHER.

USURPATION OF AUTHORITY OR USURPATION  OF LEGISLATIVE USURPATION  OF EXECUTIVE USURPATION  OF JUDICIAL
FELONY OFFICIAL FUNCTIONS POWERS FUNCTIONS FUNCTIONS
(Art. 177, RPC) (Art. 239, RPC) (Art. 240, RPC) (Art. 241, RPC)

MANNER OF Without being lawfully entitled to do so – By encroaching upon the powers of the By assuming any power pertaining to By assuming judicial powers or
COMMISSION legislative branch of the Government, the executive authorities, or shall obstructing the execution of any order
1. by knowingly and falsely represent either by making general rules or obstruct the latter in the lawful or decision rendered by any judge
himself to be an officer, agent or regulations beyond the scope of his exercise of their powers. within its jurisdiction.
representative of any department or authority, or by attempting to repeal a
agency of the Philippine Government or of law or suspending the execution thereof.
any foreign government; or,
2. by performing any act pertaining
to any person in authority or public officer
of the Philippine Government or any
foreign government, or any agency thereof,
under pretense of official position.

OFFENDER Any person Public officer or employee Any judge Any officer of the executive branch of
government.

NATURE
Crime Against Public Interest Crime Committed by Public Officers Crime Committed by Public Officers Crime Committed by Public Officers

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XIV. CRIMINAL LIABILITY UNDER THE REVISED PENAL CODE IN CASES WHERE A PERSON CONTRACTS A MARRIAGE OR PERFORMS A MARRIAGE
CEREMONY.

BIGAMY MARRIAGE CONTRACTED AGAINST PROVISIONS PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY

FELONY OF LAW
(Art. 349, RPC) (Art. 352, RPC)
(Art. 350, RPC)

MANNER OF COMMISSION
By contracting a second or subsequent marriage
before the former marriage has been legally
dissolved, or before the absent spouse has been
declared presumptively dead by means of a judgment
rendered in the proper proceedings.
*The subsequent marriage would have been valid
had it not been for the existence of the first.
By contracting marriage knowing that the By performing or authorizing any illegal marriage
requirements of the law have not been complied ceremony.
with or that the marriage is in disregard of a legal
impediment.
Qualified: If either of the contracting parties shall
obtain the consent of the other by means of
violence, intimidation or fraud.

Any priest or minister of any religious denomination or

sect, or civil authorities authorized to solemnize
marriages who must have known that such marriage
Any person with no subsisting marriage. does not have all the requisites for its validity.
OFFENDER Any legally married person.
**if not authorized, the offender is liable for
Usurpation of Authority or Official Functions under
Art. 177 of the RPC, whether or not the marriage he
supposedly solemnizes have all the requirements for
its validity.

NATURE
Crime Against the Civil Status of Persons Crime Against the Civil Status of Persons Crime Against the Civil Status of Persons

NOTE: Art. 351 of the RPC has already been repealed by R.A. No. 10655 as of March 2015. Thus, it is no longer a crime for “any widow to marry within 301 days from the date of the death
of her husband, or before having delivered if she shall have been pregnant at the time of his death; or any woman whose marriage shall have been annulled or dissolved, if she marries
before her delivery or before the expiration of the period of 301 days after the legal separation.”

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XV. CRIMINAL LIABILITY UNDER THE REVISED PENAL CODE IN CASES WHERE A PERSON DOES AN ACT WHICH AFFECTS THE CIVIL STATUS OF
ANOTHER OR CAUSES THE LATTER TO LOSE ONE.
SIMULATION OF BIRTHS, SUBSTITION OF ONE
FELONY FALSFICATION COMMITTED BY ECLESIASTIC MINISTER CHILD FOR ANOTHER AND CONCEALMENT OR USURPATION OF CIVIL STATUS
(Art. 171, RPC) ABANDONDONMENT OF A LEGITIMATE CHILD (348, RPC)
(Art. 347, RPC)

By committing any of the acts of falsification under Art.
MANNER OF COMMISSION
171 of the RPC which may affect the civil status of
another.
By simulating the birth of another BY usurping the civil status of another, with or without
intent to defraud the offended party or his heirs.
By substituting one child for another
By concealing or abandoning any legitimate child
with intent to cause the latter to lose his civil
status.

OFFENDER Any ecclesiastic minister Any person Any person

NATURE
Crime Against Public Interest Crime Against the Civil Status of Persons Crime Against the Civil Status of Persons

#crim2matrix2019
updated: 061819

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