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CENTRALIZED BAR OPERATIONS 2023. It is intended solely for the
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Material includes both cases penned by Justice Hernando and recent

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 I. PRINCIPLES OF CRIMINAL LAW
(REVISED PENAL CODE - BOOK 1)

A. GENERAL PRINCIPLES
Mala in Se and Mala Prohibita 4
Scope and Characteristics 4
Generality 4
Territoriality
Prospectivity
Pro Reo Principle 5
Ex Post Facto Law 6
Interpretation of Penal Laws 6
Retroactive Effect of Penal Laws 6

B. FELONIES 7
Criminal Liabilities and Felonies 7
Classifications of Felonies
Aberratio Ictus, Error In Personae, and Praeter Intentionem
Elements of Criminal Liability
Impossible Crimes
Stages of Execution
Continuing Crimes
Complex Crimes and Composite Crimes
Circumstances Affecting Criminal Liability 12
Justifying Circumstances
Exempting Circumstances
Mitigating Circumstance
Aggravating Circumstances
Alternative Circumstances
Absolutory Causes
Persons Liable and Degree of Participation 26
Principals, Accomplices, and Accessories
Conspiracy and Proposal
Multiple Offenders
Recidivism
Habituality
Quasi-Recidivism
Habitual Delinquency
Decree Penalizing Obstruction of Apprehension and
Prosecution of
Criminal Offenders (PD 1829)

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 I. PRINCIPLES OF CRIMINAL LAW
(REVISED PENAL CODE - BOOK 1)

C. PENALTIES 32
Imposable Penalties [Include: Act Prohibiting the Imposition of Death 32
Penalty in the Philippines (RA 9346)]
Classification 33
Duration and Effects 33
Application 35
Subsidiary Imprisonment
Indeterminate Sentence Law (Act No. 4103, as amended)
Graduation of Penalties 35
Accessory Penalties 40

D. EXECUTION AND SERVICE OF SENTENCE 41

Three-fold Rule 41
Probation Law (P.D. No. 968, as amended) 41
Juvenile Justice and Welfare Act (R.A. No. 9344, as amended) 42
An Act Adjusting the Amount or the Value of Property and Damage 43
on Which a Penalty is Based and the Fines Imposed Under the
Revised Penal Code (RA 10951)
Community Service Act (R.A. No. 11362; A.M. No. 20-06-14-SC) 43

E. Extinction of Criminal Liability (as amended by R.A. No. 10592) 46

Republic Act No. No. 10592 (Amendments to Articles 29, 94, 97, 98, 48
and 99 of the RPC)

F. Civil Liability in Criminal Cases 49

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 II. CRIMES UNDER THE REVISED PENAL CODE
(REVISED PENAL CODE - BOOK 2)

A. CRIMES AGAINST NATIONAL SECURITY AND LAWS OF NATIONS 52

(Arts. 114-123)
1. Anti-Piracy and Anti-Highway Robbery Law of 1974, Presidential 58
Decree No. 532, [August 8, 1974]
a. Definition of Terms [Sec. 2]
b. Punishable Acts [Sec. 4]
2. The Anti-Terrorism Act of 2020, Republic Act No. 11479, [July 3, 59
2020], See ATA ruling in Calleja v. Executive Secretary, G.R. No.
252578, et al.)
a. Punishable Acts of Terrorism [Secs. 4-12]
b. Who are Liable [Secs. 3 (l) & (m), 14]
c. Surveillance of Suspects and Interception and Recording of
Communications [Sec. 16]
d. Detention Without Judicial Warrant [Sec. 29]
e. No Torture or Coercion in Investigation and Interrogation [Sec.
33]

B. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE (Arts. 63

124-133)
1. Anti-Torture Act of 2009, Republic Act No. 9745, [November 10, 68
2009]
a) Acts of Torture [Sec. 4]
b) Who Are Criminally Liable [Sec. 13]

C. CRIMES AGAINST PUBLIC ORDER (Arts. 134-160) 69

1. Comprehensive Firearms and Ammunition Regulation Act, 84
Republic Act No. 10591, [May 29, 2013]

D. CRIMES AGAINST PUBLIC INTEREST (Arts. 161-187) 85

E. CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS 96

1. COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 [R.A. NO. 96
9165 AS AMENDED BY R.A. NO. 10640; Section 21 of the
Implementing Rules and Regulations (IRR)]

F. CRIMES AGAINST PUBLIC MORALS 104

1. Anti-Gambling Act (PD 1602, as amended by RA 9287) 106
a) Definition of Terms [Sec. 2, RA 9287]
b) Punishable Acts [Sec. 3, RA 9287]

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 II. CRIMES UNDER THE REVISED PENAL CODE
(REVISED PENAL CODE - BOOK 2)

G. CRIMES COMMITTED BY PUBLIC OFFICERS (Arts. 203-245) 108

R.A. 3019, THE ANTI-GRAFT AND CORRUPT PRACTICES ACT, AS 125
AMENDED
ANTI-PLUNDER ACT, R.A. 7080, AS AMENDED BY R.A. 7659 127
PROHIBITION OF CHILD MARRIAGE LAW (R.A. 11596) 128

H. CRIMES AGAINST PERSONS (Arts. 246-266) 129

1. ANTI-TRAFFICKING IN PERSONS ACT OF 2003 (R.A. 9208, AS 145
AMENDED BY R.A. 11862)
2. ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 148
2004 (R.A. 9262)
3. ANTI-CHILD PORNOGRAPHY ACT OF 2009 (R.A. 9775) 154
4. SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE, 155
EXPLOITATION, AND DISCRIMINATION ACT (SECS. 3(A), 5 AND 10, R.A.
NO. 7610)
5. PROHIBITION OF CHILD MARRIAGE LAW (RA 11596) 158
a) Definition of Terms [Sec. 3]
b) Unlawful Acts [Sec. 4]
c) Public Crimes [Sec. 5]
6. AN ACT PROVIDING FOR STRONGER PROTECTION AGAINST RAPE 159
AND SEXUAL EXPLOITATION AND ABUSE, INCREASING THE AGE FOR
DETERMINING THE COMMISSION OF STATUTORY RAPE (RA 11648)
160
a) Amendment on Rape [Sec. 1]
b) Amendment on Qualified Seduction [Sec. 2]

I. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY (Arts. 267-292) 160

1. CYBERCRIME PREVENTION ACT OF 2012 (R.A. NO. 10175) 170
a) Cybercrime Offenses [Sec. 4]
b) Other Offenses [Sec. 5]

J. CRIMES AGAINST PROPERTY (Articles 293-332) 173

1. ANTI-FENCING LAW OF 1979 (SECS. 2 TO 6, P.D. NO. 1612) 189
a) Fencing
(1) Definition [Sec. 2]
(2) Presumption in the crime of fencing
b) Exception
(1) With Clearance or Permit to Sell [Sec. 6]

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 II. CRIMES UNDER THE REVISED PENAL CODE
(REVISED PENAL CODE - BOOK 2)

K. CRIMES AGAINST CHASTITY (Arts. 333-334, 336-346) 190

1. ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 (SECS. 3 195
AND 4,R.A. NO. 9995)
a) Definition of Terms [Sec. 3]
b) Prohibited Acts [Sec. 4]
2. SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, 196
EXPLOITATION, AND DISCRIMINATION ACT (RA 7610, as
amended)
a) Child Prostitution and Other Acts of Abuse [Sec. 5, RA 7610,
as amended by RA 11648]
(1) Compare Prosecution for Acts of Lasciviousness Under
Art. 366, RPC, and RA 7610, as amended

L. CRIMES AGAINST THE CIVIL STATUS OF PERSONS (Arts. 347-352) 198

M. CRIMES AGAINST HONOR (Arts. 353-364) 199

1. Cybercrime Prevention Act of 2012 (RA 10175) 205
a) Libel [Sec. 4 (c)(4)]

N. QUASI-OFFENSES (Article 365) 205

OTHER SPECIAL PENAL LAWS

1. ANTI-CHILD PORNOGRAPHY ACT OF 2009 (SECS. 3[A-C], 4 AND 206

5, R.A. NO. 9775)
2. ANTI-HAZING ACT OF 2018 (R.A. NO. 8049, AS AMENDED BY R.A. 207
NO. 11053)
3. ANTI-MONEY LAUNDERING ACT OF 2001 (R.A. NO. 9160) 209
4. ANTI-WIRE TAPPING ACT (SECS. 1 TO 4, R.A. NO. 4200) 213
5. BOUNCING CHECKS LAW (B.P. BLG. 22) 216
6. NEW ANTI-CARNAPPING ACT OF 2016 (SECS. 3 TO 4, R.A. NO. 216
10883)
7. SWINDLING BY SYNDICATE (P.D. NO. 1689) 217

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 CRIMINAL LAW 1. Imposable Penalties [Include: Act
Prohibiting the Imposition of
NOTE: This syllabus is an outline of the key topics Death Penalty in the Philippines
that fall under the core subject “Criminal Law”. (RA 9346)]
Accordingly, all Bar candidates should be guided 2. Classification
that only laws, rules, issuances, and 3. Duration and Effects
jurisprudence pertinent to these topics as of 4. Application
September 24, 2023 are examinable materials
a. Subsidiary Imprisonment
within the coverage of the 2023 Bar
Examinations. b. Indeterminate Sentence
Law (Act No. 4103, as
amended)
I. Book I [Articles 1-99 of the Revised Penal
Code (RPC)] 5. Graduation of Penalties
6. Accessory Penalties
A. General Principles
1. Mala In Se and Mala Prohibita D. Execution and Service of Sentence
2. Scope and Characteristics 1. Three-Fold Rule
a. Generality 2. Probation Law (PD 968, as
amended)
b. Territoriality
c. Prospectivity 3. Juvenile Justice and Welfare Act
(RA 9344, as amended)
3. Pro Reo Principle
4. Ex Post Facto Law 4. An Act Adjusting the Amount or
5. Interpretation of Penal laws the Value of Property and Damage
6. Retroactive Effect of Penal Laws on Which a Penalty is Based and
the Fines Imposed Under the
Revised Penal Code (RA 10951)
B. Felonies
1. Criminal Liabilities and Felonies 5. Community Service Act (RA 11362
and A.M. No. 20-06-14-SC)
a. Classifications of Felonies
b. Aberratio Ictus, Error In Personae, E. Extinction of Criminal Liability
and Praeter Intentionem
1. An Act Amending Articles 29, 94,
c. Elements of Criminal Liability 97-99 of the RPC (RA 10592)
d. Impossible Crime
e. Stages of Execution F. Civil Liabilities in Criminal Cases
f. Continuing Crimes
g. Complex Crimes and Composite II. Book II (Articles 114-365 of the RPC)
Crimes and Related Special Laws
2. Circumstances affecting Criminal
Liability A. Crimes Against National Security and
a. Justifying Circumstances Laws of Nations (Arts. 114-123)
b. Exempting Circumstances 1. Anti-Piracy and Anti-Highway
c. Mitigating Circumstances Robbery (PD 532)
d. Aggravating Circumstances a. Definition of Terms [Sec.
e. Alternative Circumstances 2]
b. Punishable Acts [Sec. 4]
f. Absolutory Causes
2. Anti-Terrorism Act of 2020 (RA
3. Persons Liable and Degree of 11479, See ATA ruling in Calleja v.
Participation Executive Secretary, G.R. No.
a. Principals, Accomplices, and 252578, et al.)
Accessories a. Punishable Acts of
b. Conspiracy and Proposal Terrorism [Secs. 4-12]
c. Multiple Offenses (Differences, b. Who are Liable [Secs. 3
Rules, Effects) (l) & (m), 14]
i. Recidivism c. Surveillance of Suspects
ii. Habituality (Reiteracion) and Interception and
iii. Quasi-Recidivism Recording of
iv. Habitual Delinquency Communications [Sec. 16]
d. Decree Penalizing Obstruction of d. Detention Without
Apprehension and Prosecution of Judicial Warrant [Sec. 29]
Criminal Offenders (PD 1829)
C. Penalties

1
 e. No Torture or Coercion in
Investigation and
Interrogation [Sec. 33]
B. Crimes Against the Fundamental Laws of the
State (Arts. 124-133)
1. Anti-Torture Act of 2009 (RA 9745)
a. Acts of Torture [Sec. 4]
b. Who Are Criminally Liable [Sec.
13]
C. Crimes Against Public Order (Arts. 134-160)
1. Comprehensive Firearms and Ammunition
Regulation Act (RA 10591)
D. Crimes Against Public Interest (Arts. 161-187)
E. Crimes Relative to Opium and Other Prohibited
Drugs
1. Comprehensive Dangerous Drugs Act of
2002 [RA 9165, as amended by RA 10640;
Section 21 of the Implementing Rules and
Regulations (IRR) only]
F. Crimes Against Public Morals (Arts. 200-202)
1. Anti-Gambling Act (PD 1602, as amended
by RA 9287)
a. Definition of Terms [Sec. 2, RA
9287]
b. Punishable Acts [Sec. 3, RA 9287]
G. Crimes Committed by Public Officers (Arts.
203-245)
1. Anti-Graft and Corrupt Practices Act (RA
3019, as amended)
a. Definition of Terms [Sec. 2]
b. Corrupt Practices of Public
Officers [Sec. 3]
c. Prohibition on Private Individuals
[Sec. 4]
d. Prohibition on Certain Relatives
[Sec. 5]
e. Exceptions [Sec. 14]
2. Anti-Plunder Act (RA 7080, as amended
by RA 7659)
a. Definition of Terms [Sec. 1, RA
7080]
b. Definition of Crime of Plunder
[Sec. 2, RA 7080 as amended by
RA 7659]
c. Series and Combination
d. Pattern
3. Prohibition of Child Marriage Law (RA
11596)
a. Facilitation of Child Marriage by
Public Officer [Sec. 4]
H. Crimes Against Persons (Arts. 246-266)
2
1. Anti-Trafficking in Persons Act of 2003 (RA
9208, as amended by RA 11862)
a. Acts of Trafficking in Persons
[Sec. 4, RA 11862]
b. Acts that Promote Trafficking in
Persons [Sec. 5, RA 11862]
c. Qualified Trafficking in Persons
[Sec. 6, RA 11862]
2. Anti-Violence Against Women and Their
Children Act of 2004 (RA 9262)
a. Definition of Terms [Sec. 3]
b. Acts of Violence Against Women
and Their Children [Sec. 5]
c. Protection Orders [Secs. 8-16]
d. Battered Woman Syndrome as a
Defense [Sec. 26]
3. Anti-Child Pornography Act of 2009 (RA
9775)
a. Definition of Terms [Sec. 3]
b. Unlawful or Prohibited Acts [Sec.
4]
4. Special Protection of Children Against
Child Abuse, Exploitation, and
Discrimination Act (RA 7610, as amended)
a. Definition of Terms [Sec. 3, RA
7610]
b. Child Prostitution and Other
Sexual Abuse [Sec. 5, RA 7610, as
amended by RA 11648]
c. Attempt to Commit Child
Prostitution [Sec. 6, RA 7610)
d. Child Trafficking [Sec. 7, RA 7610,
as amended by RA 11648]
e. Attempt to Commit Child
Trafficking [Sec. 8, RA 7610]
f. Obscene Publication and Indecent
Shows [Sec. 9, RA 7610, as
amended by RA 11648]
g. Employment of Children [Sec. 12,
RA 7610 as amended by RA 9231]
5. Prohibition of Child Marriage Law (RA
11596)
a. Definition of Terms [Sec. 3]
b. Unlawful Acts [Sec. 4]
c. Public Crimes [Sec. 5]
6. An Act Providing for Stronger Protection
Against Rape and Sexual Exploitation and
Abuse, Increasing the Age for Determining
the Commission of Statutory Rape (RA
11648)
a. Amendment on Rape [Sec. 1]
b. Amendment on Qualified
Seduction [Sec. 2]
I. Crimes Against Personal Liberty and Security
(Arts. 267-292)
1. Cybercrime Prevention Act of 2012 (RA
10175)
a. Cybercrime Offenses [Sec. 4]
 b. Other Offenses [Sec. 5]

J. Crimes Against Property (Articles 293-332)

1. Anti-Fencing Law (PD 1612)
a. Fencing
i. Definition [Sec. 2]
ii. Presumption of Fencing
[Sec. 5]
b. Exception
i. With Clearance or Permit
to Sell [Sec. 6]
K. Crimes Against Chastity (Arts. 333-334,
336-346)
1. Anti-Photo and Video Voyeurism Act of
2009 (RA 9995)
a. Definition of Terms [Sec. 3]
b. Prohibited Acts [Sec. 4]
2. Special Protection of Children Against
Child Abuse, Exploitation, and
Discrimination Act (RA 7610, as amended)
a. Child Prostitution and Other Acts
of Abuse [Sec. 5, RA 7610, as
amended by RA 11648]
i. Compare Prosecution for
Acts of Lasciviousness
Under Art. 366, RPC, and
RA 7610, as amended

L. Crimes Against the Civil Status of Persons (Arts.

347-352)

M. Crimes Against Honor (Arts. 353-364)

1. Cybercrime Prevention Act of 2012 (RA
10175)
a. Libel [Sec. 4 (c)(4)]

N. Criminal Negligence (Article 365)

3
 I. PRINCIPLES OF CRIMINAL LAW
(REVISED PENAL CODE - BOOK 1)
Thus, honest mistake
of facts and good
A. GENERAL PRINCIPLES faith are not valid
defense.
1. Mala in Se and Mala Prohibita
Mala in Se Crimes Persons criminally The degree of
Acts wrong in themselves (Dungo v. People, G.R. liable are principals, participation of the
No. 209464, [July 1, 2015], 762 PHIL 630-685) accomplice, and offenders is not
accessories. (People v. considered. All who
Mala Prohibita Crimes Collado y Cunanan, perpetrated the
Acts which would not be wrong but for the fact G.R. No. 185719, prohibited act are
that positive law forbids them. (Id.) [June 17, 2013], 711 penalized to the same
PHIL 313-336) extent. There is no
Note: A common misconception is that all mala in principal or
se crimes are found in the Revised Penal Code accomplice or
(RPC), while all mala prohibita crimes are accessory to consider.
provided by special penal laws. In reality, (People v. Collado y
however, there may be mala in se crimes under Cunanan, G.R. No.
special laws, such as plunder under R.A. No. 185719, [June 17,
7080, as amended. Similarly, there may be mala 2013], 711 PHIL
prohibita crimes defined in the RPC, such as 313-336)
technical malversation. (Id.)

2. Scope and Characteristics

Distinction between mala in se and mala
a) Generality
prohibita
Mala in Se Mala Prohibita GR: Criminal law is binding on all persons who
live or sojourn in Philippine territory and no
The better approach to distinguish between foreigner enjoys in this country extraterritorial
mala in se and mala prohibita crimes is the right to be exempted from its laws and
determination of the inherent immorality or jurisdiction. (New Civil Code, Article 14)
vileness of the penalized act. (Id.)
XPN:
Punishable act or On the contrary, act
1. Heads of states, diplomatic
omission is immoral in or omission is not
representatives, agent of a foreign state
itself. (Id.) immoral in itself, but
who, by virtue of the customary
there is a statute
international law. (See Khosrow Minucher
prohibiting its
v. Court of Appeals, G.R. No. 142396,
commission by
[February 11, 2003], 445 PHIL 250-272);
reasons of public
and
policy. (Id.)
2. As provided in the treaties and laws of
preferential application. (Revised Penal
Intent governs. (Id.) Intent of the offender
Code, Article 2)
is immaterial. When
Thus, honest mistake the doing of an act is
XPN to XPN: Not applicable when the foreign
of facts and good faith prohibited by law, it is
country’s agent adversely affected does not
are valid defense. considered injurious
provide similar protection to our diplomatic
to public welfare, and
representatives. The basis of this is the Principle
the doing of the
of Reciprocity, a principle of international law.
prohibited act is the
crime itself. (Id.)

4
The basis for the applicability of the principle
would be Article 14 of the New Civil Code, which
states, inter alia, that “Penal laws and those of
public security and safety shall be obligatory
upon all who live or sojourn in the Philippine
territory, subject to the principles of public
international law….”
b) Territoriality
GR: Penal laws of the Philippines are enforceable
only within its territory. (Revised Penal Code,
Article 2)
XPN: The RPC shall be enforced outside of the
jurisdiction of the Philippines against those who:
1. Should commit an offense while on a
Philippine ship or airship;
2. Should forge or counterfeit any coin or
currency not of the Philippines or
obligations and securities issued by the
Government of the Philippines;
3. Should be liable for acts connected with
the introduction into these islands of the
obligations and securities mentioned in
the preceding number;
4. While being public officers or employees,
should commit an offense in the exercise
of their functions; or
5. Should commit any of the crimes against
national security and the law of nations,
defined in Title One of Book Two of the
RPC. (Revised Penal Code, Article 2)
c) Prospectivity
GR: A penal law cannot make an act punishable in
a manner in which it was not punishable when
committed. (Revised Penal Code, Article 21)
XPN: Whenever a new statute dealing with crime
establishes conditions more lenient or favorable
to the accused, it can be given a retroactive
effect. (Revised Penal Code, Article 22)
XPN to XPN:
1. Where the new law is expressly made
inapplicable to pending actions or existing
causes of action. (Tavera v. Valdez, 1 Phil.
463, 470-471)
5
2. Where the offender is a habitual criminal
under Rule 5, Article 62, Revised Penal
Code. (Revised Penal Code, Article 22)
Habitual Criminal
● A person shall be deemed to be a habitual
delinquent if within a period of ten years
from the date of his release or last
conviction of the crimes of serious or less
serious physical injuries, robbery, theft,
estafa, or falsification, he is found guilty
of any said crimes a third time or oftener.
(Revised Penal Code, Article 62[5], last
par.)
3. Pro Reo Principle
In dubio, pro reo — “When in doubt, rule for
the accused.” The Court explained that in
interpreting and applying criminal law, all
doubts should be resolved in favor of the
accused. (Intestate Estate of Vda. de Carungcong
v. People, G.R. No. 181409, [February 11, 2010],
626 PHIL 177-211)
Basis: In consonance with the constitutional
guarantee that the accused shall be presumed
innocent unless and until his guilt is established
beyond reasonable doubt. (Id.)
Application of the Pro Reo Principle
1. Rule of Lenity — The rule applies when
the court is faced with two possible
interpretations of a penal statute, one
that is prejudicial to the accused and
another that is favorable to him. The rule
calls for the adoption of an interpretation
which is more lenient to the accused.
(Buenafe v. Commission on Elections,
G.R. Nos. 260374 & 260426, [June 28,
2022])
Note: If there is no ambiguity, the rule of
lenity cannot be applied (Intestate
Estate of Vda. de Carungcong v. People,
G.R. No. 181409, [February 11, 2010],
626 PHIL 177-211).
2. Equipoise Rule — Where the evidence on
an issue of fact is in question or there is
doubt on which side the evidence weighs,
 the doubt should be resolved in favor of
the accused.
● If inculpatory facts and
circumstances are capable of two
or more explanations, one
consistent with the innocence of
the accused and the other
consistent with his guilt, then the
evidence does not fulfill the test
of moral certainty and will not
justify a conviction. (Amanquiton
v. People, G.R. No. 186080,
[August 14, 2009], 612 PHIL
1253-1264)
4. Ex Post Facto Law
No ex post facto law… shall be enacted. (Article
III, Section 22, 1987 Constitution)
An ex post facto law is one which:
1) Makes criminal an act done before the
passage of the law and which was
innocent when done, and punishes such
an act;
2) Aggravates a crime, or makes it greater
than it was, when committed;
3) Changes the punishment and inflicts a
greater punishment than the law annexed
to the crime when committed;
4) Alters the legal rules of evidence, and
authorizes conviction upon less or
different testimony than the law required
at the time of the commission of the
offense;
5) Assuming to regulate civil rights and
remedies only, in effect imposes penalty
or deprivation of a right for something
which when done was lawful; and
6) Deprives a person accused of a crime of
some lawful protection to which he has
become entitled, such as the protection
of a former conviction or acquittal, or a
proclamation of amnesty. (In re: Kay
Villegas Kami, Inc., G.R. No. L-32485,
[October 22, 1970], 146 PHIL 429-435)
5. Interpretation of Penal Laws
a. Penal laws are strictly construed against
the Government and liberally in favor of
the accused. (People v. Atop, G.R. Nos.
6
124303-05, [February 10, 1998], 349 PHIL
825-845)
● In case of ambiguity in
construction of penal laws, it is
well-settled that such laws shall
be construed strictly against the
government, and literally in favor
of the accused. (People v.
Soriano, G.R. No. 142565, [July
29, 2003], 455 PHIL 77-100)
b. As the Revised Penal Code was originally
approved and enacted in Spanish, the
Spanish text is controlling. (People v.
Santos y Entienza, G.R. No. 117873,
[December 22, 1997], 347 PHIL 723-740)
c. Offenses which are or in the future may be
punishable under special laws are not
subject to the provisions of this Code.
(Revised Penal Code, Article 10)
● This Code shall be supplementary
to such laws, unless the latter
should specially provide the
contrary. (Id.)
6. Retroactive Effect of Penal Laws
GR: Penal laws generally should not be applied
retroactively. (See Revised Penal Code, Article
21)
XPN: If the penal law is more favorable to the
accused. (Revised Penal Code, Article 22)
Reason: The sovereign in enacting a subsequent
penal law more favorable to the accused, has
recognized that the greater severity of the
former law is unjust (See People v. Moran, G.R.
No. 17905, [January 27, 1923], 44 PHIL 387-437).
Retroactivity applies even if the person guilty of
the felony is already serving a sentence
(Escalante v. Santos, G.R. No. 36828, [February 2,
1932], 56 PHIL 483-488).
Retroactivity applies in these situations:
1. The crime has been committed and
prosecution begins;
2. Sentence has been passed, but service
has not begun;
3. The sentence is being carried out (Id.).
XPN to XPN: The offender, in The injury caused by
1. The law, though favorable to the accused performing the act or in the offender to
was stipulated to be non-retroactive; and incurring the omission, another person is
2. The accused is a habitual delinquent. has the intention to "unintentional, it
(Revised Penal Code, Article 22) cause an injury to being simply the
another. (Id.) incident of another act
A person is a habitual delinquent if: performed without
1. Person was last convicted of crimes of malice" but resulting
serious or less serious physical injuries, from imprudence,
robbery, theft, estafa, or falsification; negligence, lack of
2. Person was convicted of any of the said foresight or lack of
crimes for a third time or oftener; and skill. (Id.)
3. Conviction was within a period of 10
years from the last release or conviction. Requisites of felonies committed by means of
(Revised Penal Code, Article 62 [5], last dolo (malice):
par.) 1. Freedom
2. Intelligence; and
B. FELONIES 3. Intent (Guevarra v. Almodovar, G.R. No.
75256, [January 26, 1989], 251 PHIL
1. Criminal Liabilities and Felonies 427-436)

Felonies Freedom — An act done with deliberation and

Acts and omissions punishable by the Revised with power to choose between two things.
Penal Code. (See Revised Penal Code, Article 3) (Villareal v. People, G.R. Nos. 151258, 154954,
155101, 178057 & 178080, [February 1, 2012],
Elements of felonies: 680 PHIL 527-608)
1. There must be an act or omission.
2. The act or omission must be punishable Intelligence — Concerns the ability to determine
by the Revised Penal Code. the morality of human acts, as well as the
3. The Act is performed or the omission is capacity to distinguish between a licit and an
incurred by means of dolo or culpa. illicit act. (Id.)
(People v. Gonzales, G.R. No. 80762,
March 19, 1990) Intent — Involves an aim or a determination to do
a certain act. It does not refer to mere will, for
Intentional and Culpable Felonies the latter pertains to the act, while intent
concerns the result of the act. (Id.)
Distinction between intentional felonies and
culpable felonies Distinction between general intent and specific
intent
Intentional Felonies Culpable Felonies
General Criminal Specific Criminal
Committed by means of Committed by means
Intent Intent
deceit (malice) (Revised of fault. (Revised Penal
Penal Code, Article 3). Code, Article 3)
An element of all A definite and actual
The act or omission is The act or omission is crimes but malice is purpose to accomplish
malicious – performed not malicious properly applied only to some particular thing.
with deliberate intent (Calimutan v. People, deliberate acts done on
(with malice) G.R. No. 152133, purpose and with Example: Intent to gain
(Calimutan v. People, [February 9, 2006], 517 design.
G.R. No. 152133, PHIL 272-293)
[February 9, 2006], 517 Presumed from the Generally, not
PHIL 272-293) criminal act and in the presumed. Its

7
 118091, [October 3, 1996], 331 PHIL
absence of any general existence, as a matter
146-169)
intent is relied upon as of fact, must be proved
4. Motive is relevant where the identity of
a defense, such by the State just as any
the person accused of having committed
absence must be other essential
a crime is in dispute, where there are no
proved by the accused element. This may be
eyewitnesses, and where suspicion is
shown, however, by the
likely to fall upon a number of persons.
nature of the act, the
(People v. Portugueza, G.R. No. L-22604,
circumstances under
[July 31, 1967], 127 PHIL 288-293)
which it was
5. When the act is alleged to be committed
committed, the means
in defense of a stranger but it must not
employed and the
be induced by revenge, resentment, or
motive of the accused.
other evil motive. (Revised Penal Code,
(Recuerdo v. People, G.R. No. 168217, [June 27, Article 11[3])
2006], 526 PHIL 460-480) 6. Evidence of guilt of the accused is
inconclusive (People v. Garcia y
Distinction between intent and motive Bartolome, G.R. No. 135666, [July 20,
Intent Motive 2001], 414 PHIL 130-145)
7. The act could give rise to variant crimes
Intent is the purpose to Motive is the moving (See People v. Lovedioro y Castro, G.R.
use a particular means power which impels No. 112235, [November 29, 1995], 320
to effect a definite one to action for a PHIL 481-498).
result. definite result
Requisites of felonies committed by means of
Generally, considered Not an essential culpa or fault:
as an essential element element of a crime, 1. Freedom
and, hence, need not 2. Intent
be proved for purposes 3. Negligence/Imprudence (Id. See also
of conviction. Revised Penal Code, Article 21)
(See People v. Ballesteros, G.R. No. 120921,
Imprudence — Indicates a deficiency of action.
[January 29, 1998], 349 PHIL 366-378)
(Tabao y Perez v. People, G.R. No. 187246
(Resolution), [July 20, 2011], 669 PHIL 486-512)
Motive, when relevant and when need not be
established:
Negligence — Used to indicate the legal
1. Motive becomes material only when the
delinquency which results wherever a man fails to
evidence is circumstantial or
exhibit the care which he ought to exhibit,
inconclusive, and there is some doubt on
whether it be slight, ordinary or great.(People v.
whether a crime has been committed or
Vistan y De la Cruz, G.R. No. 17218, [September
whether the accused has committed it.
8, 1921], 42 PHIL 107-113)
(People v. Garcia y Bartolome, G.R. No.
135666, [July 20, 2001], 414 PHIL
a. Classifications of Felonies
130-145)
2. Where the identification of the accused
Felonies; classified
proceeds from an unreliable source and
Felonies are classified according to their gravity,
the testimony is inconclusive and not free
i.e., grave, less grave, and light, which is
from doubt. (People v. Manambit, G.R.
determined by the penalties attached to them by
Nos. 72744-45, [April 18, 1997], 338 PHIL
law. (See Revised Penal Code, Article 9, as
57-105)
amended by RA 10951)
3. In ascertaining the truth between two
antagonistic theories or versions of the
killing (People v. Viernes, G.R. No.

8
Grave Felonies
Grave felonies are those to which the law
attaches the capital punishment or penalties
which in any of their periods are afflictive, in
accordance with article 25 of this Code. (Id.)
These include:
1) Capital punishment:
a) Death.
2) Afflictive penalties:
a) Reclusion perpetua,
b) Reclusion temporal,
c) Perpetual or temporary absolute
disqualification,
d) Perpetual or temporary special
disqualification, Prision mayor.
(Revised Penal Code, Article 25)
Less Grave Felonies
Less grave felonies are those which the law
punishes with penalties which in their maximum
period are correctional, in accordance with
article 25. (Revised Penal Code, Article 9, as
amended by RA 10951)
These include:
1) Correctional penalties:
a) Prision correccional,
b) Arresto mayor,
c) Suspension, and
d) Destierro.
Light Felonies
Light felonies are those infractions of law for the
commission of which the penalty of arresto menor
or a fine not exceeding Forty thousand pesos
(₱40,000)] or both, is provided. (Revised Penal
Code, Article 9, as amended by RA 10951)
Note: In the first place, while Article 90 provides
that light offenses prescribe in two months, it
does not define what is meant by "light offenses",
leaving it to Article 9 to fix its meaning. Article
26, on the other hand, has nothing to do with the
definition of offenses, but merely classifies fine,
when imposed as a principal penalty, whether
singly or in the alternative into the categories of
afflictive, correctional, and light penalties. As
the question at issue is the prescription of a
crime and not the prescription of a penalty,
Article 9 should prevail over Article 26. (People v.
Yu Hai, G.R. No. L-9598, [August 15, 1956], 99
PHIL 725-729)
9
b. Aberratio Ictus, Error In Personae, and
Praeter Intentionem
Aberratio ictus
There is a mistake in the blow. (People v.
Gemoya, G.R. No. 132633, [October 4, 2000], 396
PHIL 213-225))
Error in personae
There is a mistake in the identity of the victim.
(Id.)
Praeter intentionem
The injurious result is greater than that intended.
(Revised Penal Code, Article 13[3])
Mistake of Fact
Mistake of fact is the misapprehension of fact on
the part of the person who caused injury to
another. He is not, however, criminally liable,
because he did not act with criminal intent. (See
U.S. v. Ah Chong, G.R. No. 5272, [March 19,
1910], 15 PHIL 488-507))
Elements of mistake of fact:
1. That the act done would have been
lawful had the facts been as the accused
believed them to be.
2. That the intention of the accused in
performing the act should be lawful.
3. That the mistake must be without fault or
carelessness on the part of the accused.
(id.)
c. Elements of Criminal Liability
Criminal liability is incurred:
1. By any person committing a felony
(delito) although the wrongful act done
be different from that which he intended.
2. By any person performing an act which
would be an offense against persons or
property, were it not for the inherent
impossibility of its accomplishment or on
account of the employment of inadequate
or ineffectual means. (Revised Penal
Code, Article 4)
Elements of Article 4, paragraph 1 of the Kinds of impossibility:
Revised Penal Code: 1. Legal impossibility; or
1. That an intentional felony has been 2. Physical impossibility of accomplishing
committed; and the intended act. (id.)
2. That the wrong done to the aggrieved
party be the direct, natural and logical e. Stages of Execution
consequence of the felony committed by
the offender. (Cruz y Basco v. People, Subjective Phase and Objective Phase
G.R. No. 216642, [September 8, 2020])
Subjective Phase Objective Phase

Proximate cause It is not the gravity of the wounds inflicted

That cause, which, in natural and continuous which determines whether a felony is
sequence, unbroken by any efficient intervening attempted or frustrated but whether or not
cause, produces the injury, and without which the the subjective phase in the commission of an
result would not have occurred. (Bataclan vs. offense has been passed.
Medina, 102 Phil. 181, 186, quoting 38 Am. Jur.
695) If between these two points (the point where
he begins and the point where he voluntarily
Situations where the felony committed is not desists) the offender is stopped by reason of
the proximate cause of the injury because of any cause outside of his own voluntary
the existence of efficient intervening cause: desistance, the subjective phase has not been
1. There is an active force that intervened passed and it is an attempt.
between the felony committed and the
resulting injury, and the active force is a If he is not so stopped but continues until he
distinct act or fact absolutely foreign performs the last act, it is frustrated."
from the felonious act of the accused; or
2. The resulting injury is due to the That portion of the From that time
intentional act of the victim. (People v. acts constituting the forward, the phase is
Lalap, G.R. No. 250895, [June 16, 2021]) crime included objective.
between the act
d. Impossible Crimes which begins the
commission of the
Impossible crime crime and the last act
An act would be an offense against persons or performed by the
property were it not for the inherent impossibility offender which, with
of its accomplishment or on account of the the prior acts, should
employment of inadequate or ineffectual means. result in the
(Revised Penal Code, Art. 4, par. 2) consummated crime.
(People v. Listerio, G.R. No. 122099, [July 5,
Requisites of impossible crimes:
2000], 390 PHIL 337-365))
1. That the act performed would be an
offense against persons or property
(1) Attempted Stage
2. That the act was done with evil intent
3. That its accomplishment is inherently
Attempted felony
impossible, or that the means employed
There is an attempt when the offender
is either inadequate or ineffectual.
commences the commission of a felony directly
4. That the act performed should not
by overt acts, and does not perform all the acts
constitute a violation of another provision
of execution which should produce the felony by
of the Revised Penal Code. (People v.
reason of some cause or accident other than his
Callao, G.R. No. 228945, March 14, 2018)
own spontaneous desistance. (Revised Penal
Code, Article 6, Par. 3)

10
 Distinction between frustrated felony and
Elements of an attempted felony: attempted felony
1. The offender commences the commission
Frustrated Felony Attempted Felony
of the felony directly by overt acts;
2. He does not perform all the acts of
Offender has reached The offender has not
execution which should produce the
the objective phase. passed the subjective
felony;
(People v. Listerio, G.R. phase. (People v.
3. The offender's act is not stopped by his
No. 122099, [July 5, Listerio, G.R. No.
own spontaneous desistance;
2000], 390 PHIL 122099, [July 5, 2000],
4. The non-performance of all acts of
337-365)|) 390 PHIL 337-365)|)
execution was due to cause or accident
other than his spontaneous desistance. The offender has The offender merely
(Rivera v. People, G.R. No. 166326, performed all the acts commences the
January 25, 2006) of execution which commission of a felony
should produce the directly by overt acts
Spontaneous desistance felony as a and does not perform
Proceeding from natural feeling or native consequence. (People v. all the acts of
tendency without external constraint; Labiaga, G.R. No. execution. (People v.
synonymous with impulsive, automatic, and 202867, [July 15, 2013], Labiaga, G.R. No.
mechanical. (People v. Lizada, G.R. Nos. 714 PHIL 77-89) 202867, [July 15,
143468-71, [January 24, 2003], 444 PHIL 67-103) 2013], 714 PHIL 77-89)

Note: Spontaneous Desistance of a malefactor The reason for the In [an] attempted
exempts him from criminal liability for the non-accomplishment of felony, the reason for
intended crime but it does not exempt him from the crime is some cause the non-fulfillment of
the crime committed by him before his independent of the will the crime is a cause or
desistance. (Id.) of the perpetrator. accident other than
(People v. Labiaga, G.R. the offender's own
(2) Frustrated Stage No. 202867, [July 15, spontaneous
2013], 714 PHIL 77-89) desistance. (People v.
Frustrated felony Labiaga, G.R. No.
It is frustrated when the offender performs all 202867, [July 15,
the acts of execution which would produce the 2013], 714 PHIL 77-89)
felony as a consequence but which, nevertheless,
do not produce it by reason of causes
Distinction between attempted or frustrated
independent of the will of the perpetrator.
felony and impossible crime
(Revised Penal Code, Article 6, Par. 2)
Attempted or Impossible Crime
Elements of a frustrated felony: Frustrated Felony
1. The offender performs all the acts of
execution; The evil intent of the offender is not
2. All the acts performed would produce the accomplished
felony as a consequence;
3. But the felony is not produced; The evil intent of the The evil intent of the
4. By reason of causes independent of the offender is possible of offender cannot be
will of the perpetrator. (People v. accomplishment. accomplished
Caballero, G.R. No. 149028-30, April 2,
What prevented its The evil intent of the
2003)
accomplishment is the offender cannot be
intervention of certain accomplished because
cause or accident in it is inherently
which the offender had impossible of

11

no part accomplishment or
because the means
employed by the
offender is inadequate
or ineffectual
(See Revised Penal Code, Article 4 par. 2 and
Article 6 (pars. 2 and 3)
(3) Consummated Phase
Consummated felony
A felony is consummated when all the elements
necessary for its execution and accomplishment
are present. (Revised Penal Code, Article 6, Pars.
1 and 2)
f. Continuing Crimes
Continuing crime
Transitory or continuing crimes, meaning that
some acts material and essential thereto and
requisite in their consummation occur in one
municipality or territory, while some occur in
another. (Morillo v. People, G.R. No. 198270,
[December 9, 2015])
Continued crime
A continued crime is not a complex crime,
because the offender in continued or continuous
crime does not perform a single act, but a series
of acts, and one offense is not a necessary means
for committing the other. (See Gamboa v. Court
of Appeals, G.R. No. L-41054, [November 28,
1975], 160-A PHIL 962-975)
g. Complex Crimes and Composite Crimes
Complex crimes
Complex crimes are two or more crimes
committed but only constitute one crime in the
eyes of the law as well as in the conscience of
the offender. (Revised Penal Code, Article 48)
Two kinds of complex crimes:
1. Compound crime or when a single act
constitutes two or more grave or less
grave felonies.
2. Complex crime proper or when an offense
is a necessary means for committing the
other. (id.)
12
Elements of a compound crime:
1. That only a single act is performed by the
offender.
2. That the single act produces
a. two or more grave felonies, or
b. one or more grave and one or
more less grave felonies, or
c. two or more less grave felonies.
(Gamboa v. CA, G.R. No. L-41054,
November 28, 1975)
Elements of a complex crime proper:
1. That at least two offenses are
committed.
2. That one or some of the offenses must be
necessary to commit the other. (Revised
Penal Code, Article 48)
3. That both or all the offenses must be
punished under the same statute. (People
v. Araneta, G.R. No. 24622, [January 28,
1926], 48 PHIL 650-656)
Special complex crimes
It is one composed of two or more crimes, but is
specifically defined, treated and punished under
the Revised Penal Code (RPC) as a single
indivisible offense. (People v. Villaflores y Olano,
G.R. No. 184926, [April 11, 2012], 685 PHIL
595-619)
Note: Art. 48 does not apply to Special Complex
Crimes as justified by the definition of special
complex crimes cited above.
Examples of Special Complex Crimes:
1. Robbery with Homicide (Art. 294, par.1)
2. Kidnapping with serious physical injuries
(Art. 267, par. 3)
3. Kidnapping with Murder or Homicide (Art.
267, last par.)
4. Rape with Homicide (Art. 335)
2. Circumstances Affecting Criminal Liability
1. Justifying circumstances (Revised Penal
Code, Article 11);
2. Exempting circumstances (Id., Article 12);
3. Mitigating circumstances (Id.., Article 13;
4. Aggravating circumstances (Id., Article
14); and
5. Alternative circumstances (Id.., Article
15)
a) Justifying Circumstances
Justifying circumstances
Justifying circumstances are those where the act
of a person is said to be in accordance with law,
so that such person is deemed not to have
transgressed the law and is free from both
criminal and civil liability. (Boado, Notes and
Cases on the Revised Penal Code, Book 1)
Note: Among the Justifying Circumstances, under
Paragraph 4 (Avoidance of Greater Evil or Injury),
the accused will only be absolved of criminal
liability, not civil liability.
Kinds of Justifying Circumstances:
1. Self-defense;
2. Defense of Relatives;
3. Defense of Stranger;
4. Avoidance of greater evil or injury;
5. Fulfillment of duty or exercise of right or
office; and
6. Obedience to an order of a superior.
(Revised Penal Code, Article 11)
(1) Defense of Self, Relatives, and Strangers
Requisites of self-defense:
1. Unlawful aggression;
a. There must be a physical or
material attack or assault.
b. The attack or assault must be
actual, or at least imminent.
c. The attack or assault must be
unlawful. (People v. Mapait, G.R.
No. 172606, 2011)
2. Reasonable necessity of the means
employed to prevent or repel it;
a. Nature and quality of the weapon
used by the aggressor.
b. Physical condition, character,
size, and other circumstances of
both the offender and defender.
c. Place and occasion of the assault.
(U.S. v. Ah Chong, G.R. No.
L-5272, March 19, 1910)
3. Lack of sufficient provocation on the
part of the person defending himself.
(People v. Siega, G.R. No. 213273, June
27, 2018)
13
Nature of Unlawful Aggression
There must be an "actual, sudden and unexpected
attack, or imminent danger thereof, not merely a
threatening or intimidating attitude" (People v.
Sabella, G.R. No. 183092, 2011)
Requisites of defense of relatives:
1. Unlawful aggression;
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. In case the provocation was given by the
person attacked, the one making a
defense had no part therein. (Revised
Penal Code, Article 11)
Relatives that can be defended:
1. Spouse
2. Ascendants
3. Descendants
4. Legitimate, natural, or adopted brothers
and sisters or
5. Relatives by affinity in the same degrees
6. Relatives by consanguinity within the
fourth civil degree. (id.)
Requisites of defense of a stranger:
1. Unlawful aggression;
2. Reasonable necessity of the means
employed to prevent or repel it; and
3. The person defending be not induced by
revenge, resentment, or other evil
motive. (Mariano v. People, G.R. No.
224102, July 26, 2017)
(2) Avoidance of Greater Evil
Requisites of avoidance of greater evil:
1. That the evil sought to be avoided
actually exists
2. That the injury feared be greater than
that done to avoid it;
3. Third. That there be no other practical
and less harmful means of preventing it.
(Revised Penal Code, Article 11)
(3) Fulfillment of Duty
Requisites of fulfillment of duty or lawful
exercise of a right or office:
 1. That the accused acted in the
performance of a duty or in the lawful
exercise of a right or office;
2. That the injury caused or the offense
committed be the necessary consequence
of the due performance of duty or the
lawful exercise of such right or office.
(People v. Oanis, G.R. No. 47722, July 27,
1943)
(4) Obedience to a Lawful Order of a Superior
Exempting Circumstances
Exempting circumstances are those grounds for
exemption from punishment because there is
wanting in the agent of the crime any of the
conditions which make the act voluntary or
negligent. (Boado, Notes and Cases on the
Revised Penal Code, Book 1)
Distinction between justifying and exempting
circumstances
Justifying Exempting

Requisites of obedience to an order issued for The act is legal The act is criminal
some lawful purpose:
1. That an order has been issued by a There is no crime, There is a crime, hence
superior hence no criminal there is a criminal
2. That such order must be for some lawful
purpose. Since there is no crime, Since there is a crime,
3. That the means used by the subordinate there is no criminal, and there is a criminal (but
to carry out said order is lawful. (People no civil liabilities a law exempts him
v. Tulin, G.R. No. 111709, [August 30, from criminal liability)
2001], 416 PHIL 365-394) and there are no civil
liabilities
b) Exempting Circumstances
The emphasis of the law The emphasis of the
People exempted from criminal liability: is one the act (e.g. law is on the actor
1. An imbecile or an insane person, unless self-defense) (e.g. insane, imbecile)
the latter has acted during a lucid (Reyes, The Revised Penal Code, Book One)
interval.
2. A person under nine years of age. (1) Imbecility and Insanity
3. A person over nine years of age and under
fifteen, unless he has acted with Imbecile
discernment, in which case, such minor One who is, while advanced in age, has a mental
shall be proceeded against in accordance development comparable to that of children
with the provisions of Art. 80 of this between 2 and 7 years of age.
Code.
4. Any person who, while performing a Within the meaning of Article 12, is one who is
lawful act with due care, causes an injury deprived completely of reason or discernment
by mere accident without fault or and freedom of the will at the time of
intention of causing it. committing the crime. (See People v. Cayetano,
5. Any person who act under the compulsion G.R. Nos. 112429-30, July 23, 1997
of irresistible force.
6. Any person who acts under the impulse of Insanity
an uncontrollable fear of an equal or Exists when there is complete deprivation of
greater injury. intelligence in committing the act, that is, the
7. Any person who fails to perform an act accused is deprived of reason, he acts without
required by law, when prevented by some the least discernment because there is complete
lawful insuperable cause. (Revised Penal absence of the power to discern, or that there is
Code, Article 12) total deprivation of freedom of the will. Mere
abnormality of the mental faculties will not
exclude imputability. (People v. Austria, G.R. Nos.

14
111517-19, July 31, 1996, citing People v. Ambre, counseling, skills training, education, and other
G.R. No. 52688, October 17, 1980) activities that will enhance his/her psychological,
emotional, and psycho-social well-being. (R.A.
No. 9344, Sec. 4(l)).
(2) Under 15 years old
(3) Accident
Criminal liability on the basis of age
Elements of an accident:
Age of 15 years and below
1. The accused was at the time performing a
absolute
lawful act with due care;
responsibility
2. The resulting injury was caused by mere
Age of 15 years and 1 day to below 18 accident; and
conditional years 3. On the part of the accused, there was no
responsibility fault or no intent to cause the injury.
(Pomoy v. People, G.R. No. 150647,
Age of full 18 years to 70 years [September 29, 2004], 482 PHIL 665-692)
responsibility
Distinction of accident and negligence
Age of 15 years and 1 day to 18 years
Accident Negligence
mitigated after the offender acting with
responsibility discernment. Over 70 years of Fortuitous The failure to
age circumstance, event or observe, for the
(Republic Act Nos. 9344 and 10630) happening; an event protection of the
happening without any interest of another
Child in Conflict with the Law (CICL) human agency, or if person, that degree of
A person who at the time of the commission of happening wholly or care, precaution and
the offense, is below 18 years old but not less partly through human vigilance which
than 15 years and 1 day. (R.A. No. 9344, Sec. agency, an event which circumstances justly
4(e)). under the demand without which
circumstance is such other person
Discernment unusual or unexpected suffers injury. (People
The capacity of the child at the time of the by the person to whom v. Fallorina, G.R. No.
commission of the crime, to understand the it happens. (Nieva v. 137347, March 4,
differences between right and wrong and the People. G.R 2004).
consequences of the wrongful act (Sec. 4, A.M. No. 188751, November
No. 01-1-18-SC). 16, 2016).

Diversion (4) Irresistible Force

An alternative, child-appropriate process of
determining the responsibility of a child in
conflict with the law on the basis of his/her
social, cultural, economic, psychological, or
educational background without resorting to
formal court proceedings (R.A. No. 9344, Sec.
4(i)).
Intervention
A series of activities which are designed to
address issues that caused the child to commit an
offense. It may take the form of an individualized
treatment program which may include
The force contemplated must be so formidable as
to reduce the actor to a mere instrument who
acts not only without will but against his will.
The duress, force, fear or intimidation must be
present, imminent and impending, and of such
nature as to induce a well-grounded apprehension
of death or serious bodily harm if the act be
done.
A threat of future injury is not enough. The
compulsion must be of such a character as to
leave no opportunity for the accused for escape

15
or self-defense in equal combat.(People v. 3. That his failure to perform such act was
Dequina y Dimapanan, G.R. No. 177570, [January due to some lawful or insuperable cause.
19, 2011], 655 PHIL 110-132) (Revised Penal Code, Article 12, Par. 7)

Elements of irresistible force:

1. That the compulsion is by means of c) Mitigating Circumstance
physical force.
2. That the physical force must be Mitigating circumstances
irresistible. Those which, if present in the commission of the
3. That the physical force must come from a crime, do not entirely free the actor from
third person. (Revised Penal Code, Article criminal liability, but serve only to reduce the
12, Par. 5) penalty. (Reyes, The Revised Penal Code, Book
One)
(5) Uncontrollable Fear
Classes of Mitigating Circumstances:
Elements of uncontrollable fear: a. Ordinary Mitigating
1. That the threat which causes the fear is b. Privileged Mitigating
of an evil greater than or at least equal
to, that which he is required to commit. Distinction of ordinary and privileged mitigating
2. That it promises an evil of such gravity circumstance
and imminence that the ordinary man
Ordinary Mitigating Privileged Mitigating
would have succumbed to it. (U.S. v.
Elicanal, G.R. No. 11439, [October 28, Susceptible of being Cannot be offset by
1916], 35 PHIL 209-220)) offset by any aggravating
aggravating circumstance.
Requisites of uncontrollable fear circumstance.
1. Existence of an uncontrollable fear.
2. The fear must be real and imminent. If not offset by an Produces the effect of
3. The fear of an injury is greater than or at aggravating imposing upon the
least equal to that committed. (People v. circumstance, it offender the penalty
Anticamara, GR No. 178771, June 8, produces only the lower by one or two
2011). effect of applying the degrees than that
penalty provided for by provided by law for
Distinction of irresistible and uncontrollable law for the crime in its the crime.
fear minimum period, in
Irresistible Force Uncontrollable Fear case of divisible
penalty.
The offender uses The offender
violence or physical employes intimidation Not considered when Always consider
force to compel or threat in the penalty prescribed whether the penalty
another person to compelling another to is single and imposable is divisible
commit a crime. commit a crime. indivisible. or indivisible.

(Reyes, The Revised Penal Code, Book One) (Reyes, Revised Penal Code, Book One)

(6) Insuperable Cause (1) Incomplete Justifying or Exempting

Circumstance
Elements of insuperable cause:
1. That an act is required by law to be done.
2. That a person fails to perform such act.

16
Effects on criminal liability of the offender of
incomplete self-defense, defense of relative, or
defense of stranger:
1. If only unlawful aggression is present -
ordinary mitigating circumstance.
2. If unlawful aggression is coupled with any
other requisite - privileged mitigating
circumstance. (Revised Penal Code,
Article 69)
3. If there are at least three mitigating
circumstances - in the first two, the
penalty is lowered by one degree while
the last mitigating circumstance is
imposed in the minimum period after
being lowered by one degree. (Revised
Penal Code, Article 64 [par. 5])
Rationale why unlawful aggression should
always be present:
Unlawful aggression on the part of the victim is a
condition sine qua non for the successful
invocation of self-defense. It is a doctrinal rule
that when an unlawful aggression which has
begun no longer exists, the one making a defense
has no right to kill or even to wound the former
aggressor. (People v. Rabanal, G.R. No. 119542,
[January 19, 2001], 402 PHIL 709-717)
(2) Over 15 and under 18, acting without
discernment, or over 70 years old.
Requisites to be exempt from criminal liability
under the Juvenile Justice and Welfare Act (RA
9344):
1. That the offender is over 15 and under 18
years old.
2. That he does not act with discernment.
(Revised Penal Code, Article 68, par. 2, as
amended by R.A. No. 9344).
(3) No intention to commit so grave a wrong as
that committed. (Revised Penal Code, Article
13, Par. 3)
Praeter intentionem
The injurious result is greater than that intended.
(Revised Penal Code, Article 13[3])
(4) Sufficient provocation or threat.
Requisites of sufficient provocation or threat:
1. That the provocation must be sufficient.
17
2. That it must originate from the offended
party.
3. That the provocation must be immediate
to the act, i.e., to the commission of the
crime by the person who is provoked
(Revised Penal Code, Article 13, par. 4)
● The supposed vindication did not
immediately or proximately follow
the alleged insulting and provocative
remarks. Almost two months had
lapsed. Aside from the fact that the
provocation should immediately
precede the commission of the
offense, it should also be
proportionate to the damage caused
by the act and adequate to stir one to
its commission (People v. Lopez, G.R.
No. 136861, [November 15, 2000],
398 PHIL 707-720).
(5) Vindication of grave offense
Requisites of vindication of grave offense:
1. That there be a grave offense done to the
one committing a felony, his spouse,
ascendants, descendants, legitimate,
natural or adopted brothers or sisters, or
relatives by affinity within the same
degrees.
2. That the felony is committed in
vindication of such grave offense.
(Revised Penal Code, Article 13, par. 5)
Note: Accused-appellant claims that the
mitigating circumstance of immediate vindication
of a grave offense should have been appreciated
in his favor. This circumstance cannot be
appreciated where, as here, the accused had
sufficient time to recover equanimity. (People v.
Palabrica y Barcuma, G.R. No. 129285, [May 7,
2001], 409 PHIL 618-632)
Distinction of provocation and vindication
Provocation Vindication
It is made directly only The grave offense may
to the person be committed also
committing a felony. against the offender’s
relatives mentioned in
the law.
 Distinction of passion/obfuscation and
The cause that brought The offended party
irresistible force
about the provocation must have done a
need not be a grave grave offense to the Passion/ Obfuscation Irresistible Force
offense. offender or his
relatives mentioned Mitigating circumstance Aggravating
by the law. circumstance

It is necessary that the The vindication of the Does not require Requires physical force
provocation or threat grave offense may be physical force
immediately preceded proximate, which
the act (i.e. that there admits of an interval Felt by the offender Came from a third
be no interval of time of time between the himself person
between the grave offense done by
Must arise from lawful Unlawful
provocation and the the offended party
sentiment
commission of the and the commission of
crime). the crime by the (I CAMPANILLA, Reviewer)
accused.
Distinction of passion/obfuscation and
(Reyes, The Revised Penal Code, Book One)
provocation
(6) Passion or obfuscation Passion/ Obfuscation Provocation

Requisites of passion or obfuscation: Produced by an impulse Comes from injured

1. The accused acted upon an impulse. which may be caused by party
2. The impulse must be so powerful that it provocation
naturally produced passion or obfuscation
in him. (Revised Penal Code, Article 13, Need not be immediate, Must immediately
par. 6) only requires that the precede the
influence lasts until the commission of the
Distinction of passion/obfuscation and moment the crime is crime
treachery committed

Passion/ Obfuscation Treachery The effect of loss of reason and self-control on

the part of the offender

The offender loses his The means employed (Id.)

control and reason are consciously
adopted and one who
loses his reason and
self-control could not
deliberately employ a
particular means,
method, or form of
attack in the execution
of the crime
(People v Domingo, G.R. No. 131817, August 8,
2001)
(7) Voluntary surrender and voluntary
confession of guilt
Requisites of voluntary surrender:
1. That the offender had not been actually
arrested.
2. That the offender surrendered himself to
a person in authority or to the latter’s
agent.
3. That the surrender was voluntary.
(Estacio vs. Sandiganbayan, G.R. No.
75362, March 6, 1990, 183 SCRA 12, 24,
citing People vs. Canamo, 138 SCRA 141,
145 and People vs. Hanasan, No. L-25989,
Sept. 30, 1969, 29 SCRA 534, 541-542)

18
Note: Two mitigating circumstances are provided
in this paragraph.
1. Voluntary surrender to a person in
authority or his agents.
2. Voluntary confession of guilt before the
court prior to the presentation of
evidence for the prosecution. (Revised
Penal Code, Article 13, par. 7)
Voluntary surrender:
● Must be spontaneous in such a manner
that it shows the interest of the accused
to surrender unconditionally to the
authorities, either because:
○ He acknowledged his guilt; or
○ He wishes to save them the
trouble and expenses necessarily
incurred in his search and
capture. (People v. Del Castillo,
GR No. '169084, January 18,
2012).
Requisites of plea of guilt:
1. That the offender spontaneously
confessed his guilt;
2. That the confession of guilt was made in
open court, that is, before the competent
court that is to try the case; and
3. That the confession of guilt was made
prior to the presentation of evidence for
the prosecution. (See People vs.
Crisostomo, No. L-32243, April 15, 1988,
160 SCRA 47, 56, citing earlier cases.
Also, People vs. Bueza, G.R. No. 79619,
Aug. 20, 1990, 188 SCRA 683, 689)
(8) Illness of the offender
Requisites of illness of the offender:
1. That the illness of the offender must
diminish the exercise of his will-power.
2. That such illness should not deprive the
offender of consciousness of his acts.
(People v. Javier, G.R. No. 130654, [July
28, 1999], 370 PHIL 596-607)
(9) Similar or analogous circumstances
Examples
1) Outrage for the taking of animal (People vs.
Monaga, No. L-38528, Nov. 19, 1982,118 SCRA
466, 476)
19
2) Impulse of jealous feeling (People vs. Libria,
95 Phil. 389)
3) Espirit de Corps (People vs. Villamora, 86
Phil. 287)
4) The act of testifying for the prosecution,
without previous discharge (People vs.
Navasca, 76 SCRA 72)
d) Aggravating Circumstances
Those which, if attendant in the commission of
the crime, serve to increase the penalty without,
however, exceeding the maximum of the penalty
provided by law for the offense. (Reyes, The
Revised Penal Code, Book One)
Four kinds of aggravating circumstances (Reyes,
The Revised Penal Code, Book One):
1. Generic — Those that can generally apply
to all crimes:
a. Advantage taken of public
position.
b. Contempt or insult of public
authority.
c. Crime committed in the dwelling
of the offended party.
d. Abuse of confidence or obvious
ungratefulness.
e. Where crime is committed in
palace of Chief Executive, in his
presence, or where public
authorities are engaged, or in a
place for religious worship.
f. Nighttime, uninhabited place, or
band.
g. Recidivism.
h. Reiteracion or Habituality.
i. Craft, fraud or disguise.
j. Unlawful entry.
2. Specific — Those that apply only to
particular crimes:
a. Disregard of rank, age, or sex due
the offended party in crimes
against persons and honor.
b. Advantage of superior strength or
means be employed to weaken
the defense.
c. Treachery in crimes against
persons.
d. Ignominy in crimes against
chastity.
 e. Cruelty in crimes against persons.
f. Use of unlicensed firearm in the
murder or homicide committed:
this is absorbed in rebellion,
insurrection, sedition, and
attempted coup d’état. (R.A. No.
8294)
3. Qualifying — Those that change the
nature of the crime:
a. Alevosia (treachery) or evident
premeditation qualifies the killing
of a person to murder.
b. Art. 248 enumerates the
qualifying aggravating
circumstances which qualify the
killing of a person to murder.
4. Inherent — Those that are necessary to
accomplish the commission of the crime:
a. Evident premeditation in robbery,
theft, estafa, adultery and
concubinage.
b. Abuse of public office in bribery.
c. Breaking of a wall or unlawful
entry into a house in robbery with
the use of force upon things.
d. Fraud in estafa.
e. Deceit in simple seduction.
5. Special — Special aggravating
circumstances are those which arise
under special conditions to increase the
penalty for the offense to its maximum
period, but the same cannot increase the
penalty to the next higher degree.
(People v. De Leon y Homo, G.R. No.
179943, [June 26, 2009], 608 PHIL
701-727)
a. Quasi-recidivism. (People
Layson, G.R. No. L-25177,
[October 31, 1969], 140 PHIL
491-498)
b. Complex crimes. (People v. De
Leon y Homo, G.R. No. 179943,
[June 26, 2009], 608 PHIL
701-727)
c. Taking advantage of public
position and membership in an
organized/syndicated crime group
(Ar. 61, par. 1(a))
d. Use of unlicensed firearm in
homicide or murder. (People v.
Cruz, G.R. No. L-37173,
[November 29, 1984], 218 PHIL
395-406)
Distinction of qualifying and generic aggravating
circumstances
Qualifying Aggravating Generic Aggravating
Gives the crime its Can be offset by any
proper and exclusive mitigating
name; place the circumstance; increase
author thereof in such the penalty which
a situation as to should be imposed
deserve no other upon the accused to
penalty than that the maximum period,
specially prescribed by but without exceeding
law for said crime. the limit prescribed by
law.
Cannot be offset by a May be compensated
mitigating by a mitigating
circumstance circumstance
(Reyes, The Revised Penal Code, Book One)
(1) Taking advantage of public position
For public position to be appreciated as an
aggravating circumstance, the public official must
use his influence, prestige and ascendancy which
his office gives him in realizing his purpose. If the
accused could have perpetrated the crime
without occupying his position, then there is no
abuse of public position. (People v. Joyno, G.R.
No. 123982, [March 15, 1999], 364 PHIL 305-321)
(2) In contempt with or with insult to public
authorities
v.
Public authority
A public officer or a person in authority who is
directly vested with jurisdiction or has the power
to govern and execute the laws. (RPC, Art. 152 as
amended by P.D. No. 1232)
Persons in authority:
1. Barangay Captain
2. Barangay Chairman
3. Councilor
4. Mayor
5. Governor (Id.)
20
Requisites of contempt of or with insult to the
public authorities:
1. That the public authority is engaged in
the exercise of his functions.
2. That he who is thus engaged in the
exercise of said functions is not the
person against whom the crime is
committed. (U.S. v. Rodriguez, G.R. No.
6344, [March 21, 1911], 19 PHIL 150-158)
3. The offender knows him to be a public
authority.
4. His presence has not prevented the
offender from committing the criminal
act. (Reyes, The Revised Penal Code,
Book One)
(3) Rank, Age, Sex and Dwelling
Rank
The designation or title of distinction used to fix
the relative position of the offended party in
reference to others. (Ifurung v. Carpio-Morales,
G.R. No. 232131, April 24, 2018)
There must be a difference in the social condition
of the offender and the offended party. (People v.
Rodil, G.R. No. L-35156, [November 20, 1981])
Proof of fact of disregard and deliberate intent to
insult required. (People v. Verchez, G.R. Nos.
82729-.32, June 15, 1994).
Age
May refer to either the old age or the tender age
of the victim.
The circumstance of lack of respect due to age
applies in cases where the victim is of tender age
as well as of old age. (People v. Lora, G.R. No.
L-49430, March 30, 1982)
Deliberate intent to offend or insult required.
(People v. Diaz, G.R. No. L-24002, January 21,
1974)
Sex
Refers to the female sex, not to the male sex.
(People v. Dayug, G.R. No. 25782, September 30,
1926)
Disregard of sex is not aggravating in the absence
of evidence that the accused deliberately
21
intended to offend or insult the sex of the victim
or showed manifest disrespect to her
womanhood. (People vs. Puno, No. L-33211, June
29, 1981)
Dwelling
Must be a building or structure exclusively used
for rest and comfort; a combination of house and
store is not included. (People v. Magnaye, G.R.
No. L-3510 May 30, 1951)
Dwelling includes dependencies, the foot of the
staircase and enclosure under the house. (U.S. vs.
Tapan, 20 Phil. 211, 213; People vs. Alcala, 46
Phil. 739, 744)
Requisites of Dwelling
1. Building
2. Structure, which is exclusively used for
rest and comfort. People v. Magnaye,
G.R. No. L-3510 May 30, 1951
3. Offended party must not give provocation
(People vs. Ambis, 68 Phil. 635, 637)
Application of rank, age, sex, and dwelling:
If four circumstances are present, they can be
treated either as one aggravating or four separate
circumstance. (People v. Santos, G.R. No. L41-89,
1952)
They only apply to crimes against persons or
honor. (People vs. Pagal, G.R. No. L-320040.
October 25, 1977)
Such act must be deliberately intended to offend
or insult the sex or age of the offended party.
(See People v. Diaz, G.R. No. L-24002, January
21, 1974 and People vs. Puno, No. L-33211, June
29, 1981)
(4) Abuse of confidence or obvious
ungratefulness
Requisites of abuse of confidence or obvious
ungratefulness:
1. That the offended party had trusted the
offender.
2. That the offender abused such trust by
committing a crime against the offended
party.
3. That the abuse of confidence facilitated
the commission of the crime. (People vs.
Luchico, 49 Phil. 689, 697; People vs.
 Zea, No. L-23109, June 29, 1984, 130
SCRA 77, 90)
Note: Abuse of confidence or obvious
ungratefulness can be considered separately or as
one.
GR: If they concur in the commission of the
crime, they are considered as one aggravating
circumstance. (See People v. Santos, G.R. No.
L41-89, 1952)
XPN: When the following are present:
1. When their elements are distinctly
perceived.
2. When they can subsist independently.
3. When it reveals a greater degree of
perversity. (People v. Santos, G.R. No.
L41-89, 1952)
(5) In the palace of the chief executive or in
his presence, where public authorities are
engaged in the discharged of their duties or
in a place dedicated to religious worship
Crimecan be committed:
1.In the palace of the Chief Executive.
2.In his presence.
3.Where public authorities are engaged in
the discharge of their duties.
4. In a place dedicated to religious worship.
(Revised Penal Code, Article 14, Par. 4)
(6) Nighttime, uninhabited place, and band
General requisites of three circumstances:
1. Facilitated the commission of the crime
2. Especially Sought for by the offender to
insure the commission of the crime or for
the purpose of impunity. (People v. Pardo,
G.R. No. L-562, 1947)
Nighttime
The commission of the crime must begin and be
accomplished in the nighttime - after sunset and
before sunrise. (New Civil Code, Article 13)
Two tests for nocturnity:
1. Objective test - Nighttime is aggravating
because the darkness facilitated the
22
commission of the offense. (People v.
Pardo, G.R. No. L-562, 194
2. Subjective test - Nighttime is aggravating
because the darkness was purposely
sought by the offender. (People v.
Ventura, supra)
Uninhabited Place
It is determined not by the distance of the
nearest house to the scene of the crime but
whether or not in the place of the commission of
the offense, there was a reasonable possibility of
the victim receiving some help.(People v.
Desalisa, G.R No. 95262, 1994)
Note: When the place of crime could be seen and
the voice of the victim could be heard from a
nearby house, the place of the crime is not
“uninhabited.” (People v. Laoto, G.R. No.
L-29530, 1928)
Nighttime and Treachery
GR: Nighttime is absorbed in treachery if it is
part of the treacherous means to insure the
execution of the crime. (People v. Ong, G.R. No.
34497, 1975)
XPN: Where both the treacherous mode of attack
and nocturnity were deliberately chosen upon the
same case. Both may be perceived distinct from
one another. (People v. Berdida, G.R. No.
L-20183, 1966)
Requisites of a crime committed by a band:
1. There are at least four persons
2. At least four of them should be armed
3. All four are principals by direct
participation (People v. Oco, G.R. Nos.
137370-71, [September 29, 2003], 458
PHIL 815-856)
(7) On the occasion of a conflagration,
shipwreck, earthquake, epidemic, or other
calamity or misfortune
Requisites:
1. Offender must take advantage of the
calamity or misfortune.
2. It took place during a calamity or
misfortune. (People v. Arpa, G.R. No.
 L-26789, [April 25, 1969], 137 PHIL
674-685)
(8) Air of armed men or persons who insure or
afford impunity
Requisites of aggravating circumstance of aid of
armed men
1. That armed men or persons took part in
the commission of the crime, directly or
indirectly. (People v. Oco, G.R. Nos.
137370-71, [September 29, 2003], 458
PHIL 815-856)
2. That the accused availed himself of their
aid or relied upon them when the crime
was committed. US v. Abaigar, G.R. No.
1255, [August 17, 1903], 2 PHIL 417-419
(9) Recidivism
Requisites for recidivism (Reincidencia)
1. That the offender is on trial for an
offense
2. That he was previously convicted by final
judgment of another crime
3. That both the first and second offenses
are embraced in the same title of the
RPC.
4. That the offender is convicted of the new
offense. (See (People v. Jaranilla, G.R.
No. L-28547, February 22, 1974; People v
Lagarto GR No. 65833 May 6, 1991;
People v. Baldera, G.R. No. L-2390, April
24, 1950)
(10) Reiteracion
Requisites of habituality (reiteracion)
1. That the accused is on trial for an offense
2. That he previously served sentence for
a. Another crime to which the law
attaches an equal or greater
penalty; OR
b. for two or more crimes to which
it attaches lighter penalty than
that for the new offense
3. That he is convicted of the new offense
(Art. 14, par. 10 of the RPC; Also See
People v. Cajara, G.R. No. 122498,
[September 27, 2000], 395 PHIL 386-399)
23
(11) Price, reward, or promise
Requisites:
1. There must be two or more principals:
a. One who gives or Offers price or
promise; and
b. One who Accepts it; (People vs.
Alincastre, No. L-29891, Aug. 30,
1971, 40 SCRA 391, 408; People
vs. Canete, No. L-37945, May 28,
1984,129 SCRA 451, 459)
2. Price, reward, or promise must be for the
purpose of Inducing another to perform
the deed. (U.S. v. Gamao, G.R. No. 6942,
[August 30, 1912], 23 PHIL 81-99))
(12) That the crime be committed by means
of inundation, fire, poison, explosion,
stranding of a vessel or intentional damage,
derailment of a locomotive, or by the use of
any other artifice involving great waste and
ruin
Means enumerated under the circumstance:
1. Inundation;
2. Fire;
3. Poison;
4. Explosion;
5. Stranding of a vessel or intentional
damage thereto;
6. Derailment of a locomotive; or
7. By the use of any other artifice involving
great waste and ruin (Article 14 (par. 12)
(13) Evident premeditation
Requisites of aggravating circumstance of
evident premeditation:
1. The time when the offender determined
to commit the crime;
2. An act manifestly indicating that the
culprit has clung to his determination
3. A sufficient lapse of time between the
determination and execution to allow him
to reflect upon the consequences of his
act and to allow his conscience to
overcome the resolution of his will
(People v. Sabangan, G.R. No. 191722,
December 11, 2013).
Note: The premeditation must be based upon
external acts and not presumed from mere lapse
of time. (U.S. v. Ricafort, 1 Phil. 173, 176)
(14) Craft, fraud, and disguise
Craft
This involves intellectual trickery and cunning on
the part of the accused (People vs. Daos, G.R.
No. L-40331).
Fraud
Insidious words or machinations used to induce
the victim to act in a manner which would enable
the offender to carry out his design (U.S. v.
Abelinde, G.R. No. 945, [December 19, 1902], 1
PHIL 568-575)).
Disguise
Resorting to any device to conceal identity
(People vs. Cabato, G. R. L-37400)
(15) Taking advantage or means be employed
to weaken the defense
Advantage of Superior Strength
To deliberately use excessive force that is out of
proportion to the means for self-defense
available to the person attacked. (People v.
Lobrigas, G.R. No. 147649, 2002)
The mere fact that one person was attacked by
two aggressors does not constitute this
aggravating circumstance, if the relative physical
strength of the parties does not appear. There
must be evidence that the accused were
physically stronger and that they abused such
superiority. (People vs. Bustos, 51 Phil. 385, 392;
People vs. Diokno, 63 Phil. 601,607)
(16) Treachery
Requisites of the aggravating circumstance of
treachery
1. The employment of means of execution
which tend directly and specially to
insure the accomplishment of the crime
without risk to the assailant arising from
the defense the victim might make; and
2. A deliberate or conscious adoption of the
means of execution. (People v. Gonzales,
24
Jr., G.R. No. 139542, [June 21, 2001], 411
PHIL 893-937)
With regard to its relation with the other
aggravating circumstances, treachery absorbs
the aggravating circumstances of:
1. Taking advantage of their superior
strength,
2. In aid of armed men,
3. Nighttime,
4. Abuse of superiority,
5. Band,
6. Use of means to weaken defense,
7. Craft,
8. Fraud,
9. Disguise and
10. Disregard of sex and age. (People v.
Natindim, G.R. No. 201867, [November 4,
2020], People v. Sudoy, G.R. No. L-33572,
[October 10, 1974], 158 PHIL 380-390,
People v. Borja, G.R. No. L-22947, [July
12, 1979], 180 PHIL 250-289, People v.
Gervacio, G.R. No. L-21965, [August 30,
1968], 133 PHIL 805-825)
(17) Ignominy
Ignominy
It is a circumstance pertaining to the moral order,
which adds disgrace and obloquy to the material
injury caused by the crime. (US v. Abaigar, 2 Phil.
417, 418)
Application:
1. Crimes against chastity
2. Less serious physical injuries
3. Light or grave coercion
4. Murder
5. Rape as ignominy in robbery with
homicide (People v. Tapales, G.R. No.
L-35281)
(18) Unlawful entry
When is there unlawful entry?
There is an unlawful entry when an entrance is
effected by a way not intended for the purpose.
It must be a means to effect entrance and not for
escape. (People v. Sunga, 43 Phil. 205, 206)
(19) As a means for the commission of the
Ignominy Cruelty
crime, a wall, roof, door, floor, or window
be broken A circumstance For cruelty to exist,
pertaining to the there must be proof
Requisites: moral order, which showing that the
1. A wall, roof, window, or door was broken adds disgrace and accused delighted in
(Revised Penal Code, Article 14, Par. 19); obloquy to the making their victim
2. They were broken to effect entrance. material injury caused suffer slowly and
(People v. Capillas, G.R. No. L-27177, by the crime gradually, causing him
[October 23, 1981], 195 PHIL 64-81) unnecessary physical
and moral pain in the
(20) Aid of persons under 15 years of age or consummation of the
by means of motor vehicles, airships, or criminal act.
other similar means
(People v. Catian, G.R. No. 139693, [January 24,
There are 2 different aggravating circumstances 2002], 425 PHIL 364-380))
found Article 14, paragraph 20, namely:
1. That the crime be committed with the e) Alternative Circumstances
aid of persons under fifteen years of age;
2. That the crime be committed by means of Alternative Circumstances
motor vehicle, motorized watercraft, Those which must be taken into consideration as
airship or other similar means. (Article 14 aggravating or mitigating according to the nature
(par. 20) RPC) and effects of the crime and the other conditions
attending its commission. (Revised Penal Code,
The aggravated circumstance is attendant to a Article 15, Par. 1)
case where a motor vehicle is used to arrive at a
place where the crime is to be committed, carry (1) Relationship
away the effects thereof, and in facilitating the Taken into account when the offended
escape of the accused. (People v. Espejo, G.R. party is the:
No. L-27708, [December 19, 1970], 146 PHIL a. Spouse;
894-919) b. Ascendant;
c. Descendant;
(21) Cruelty d. Legitimate, natural, or adopted
brother or sister;
When is there cruelty? e. Relative by affinity in the same
There is cruelty when the culprit enjoys and degree of the offender; and
delights in making his victim suffer slowly and f. Other relatives included by
gradually, causing him unnecessary physical pain Analogy to ascendants and
in the consummation of the criminal act. (People descendants. Article 15 (par. 2)
v. Dayug, 49 Phil. 423, 427)
(2) Intoxication
Requisites of aggravating circumstance of Aggravating if the intoxication is:
cruelty a. Habitual
1. That the injury caused be deliberately b. Intentional (subsequent to the
increased by causing another wrong; plan to commit a felony) (Article
2. That the other wrong be unnecessary for 15 (par. 3))
the execution of the purpose of the
offender. (People v. Dayug, G.R. No. Note: Mitigating if said two elements are not
25782, [September 30, 1926], 49 PHIL present.
423-428)

25
 (3) Degree of Instruction and Education of 3. Persons Liable and Degree of Participation
the Offender
Persons criminally Liable for Grave and Less
Lack of instruction or low degree of it is Grave Felonies
appreciated as mitigating circumstance in 1. Principals;
almost all crimes. (U.S. vs. Reguera, 41 2. Accomplices; and
Phil. 506) 3. Accessories. (Revised Penal Code, Article
16)
High degree of instruction, as
aggravating. (Reyes, The Revised Penal Criminally Liable for Light Felonies
Code, Book One) 1. Principals; and
2. Accomplices. (Revised Penal Code, Article
f) Absolutory Causes 16)

Absolutory Causes a) Principals, Accomplices, and Accessories

Those where the act committed is a crime but for
reasons of public policy and sentiment there is no Levels of Participation in the Commission of a
penalty imposed. Felony

Absolutory Causes 1. Principals

1. Instigation (People v. Tadepa y Meriquillo,
Principal by Those who take a direct part in
G.R. No. 100354, [May 26, 1995], 314
Direct the execution of the act.
PHIL 231-241)
Participation
2. Spontaneous desistance during attempted
stage (Revised Penal Code, Art. 6), and no Principal by Those who directly force or
crime under another provision of the Inducement induce others to commit the
Code or other penal law is committed. act.
3. Light felony is only attempted or
frustrated, and is not against persons or Principal by Those who cooperate in the
property. (Revised Penal Code, Art. 7) indispensable commission of the offense by
4. The accessory is a relative of the cooperation another act without which it
principal. (Revised Penal Code, Art. 20) would not have been
5. Legal grounds for arbitrary detention. accomplished.
(Revised Penal Code, Art. 124)
(Revised Penal Code, Article 17)
6. Legal grounds for trespass. (Art. 280)
7. The crime of theft, swindling or malicious
Requisites of Principal by Direct Participation
mischief is committed against a relative.
Two or more persons taking part in the
(Revised Penal Code, Art. 332)
commission of a crime are considered principals
8. When only slight or less serious physical
by direct participation if the following requisites
injuries are inflicted by the person who
are present:
surprised his spouse or daughter in the
1. They participated in the criminal
act of sexual intercourse with another
resolution and
person. (Revised Penal Code, Art. 247)
2. They carried out their plan and personally
9. Marriage of the offender with the
took part in its execution by acts which
offended party when the crime
directly tended to the same end. (People
committed is rape, abduction, seduction,
v. Dacillo, G.R. No. 149368, April 14,
or acts of lasciviousness. (Revised Penal
2004, citing Reyes, The Revised Penal
Code, Art. 344)
Code Annotated, 15th ed. 2001)
10. Mistake of fact (See U.S. v. Ah Chong,
G.R. No. 5272, [March 19, 1910], 15 PHIL
GR: Must be at the scene of the commission of
488-507)
the crime.

26
XPN: When there is a conspiracy and the principal
by direct participation has already performed his
part prior to the commission of the crime.
(People v. Santos, G.R. No. 11783)
Principals by Inducement
Those who directly induce others to commit the
act are called “principals by inducement” or
“principals by induction.”
The inducement exists whenever the act
performed by the physical author of the crime is
determined by the influence of the inducer over
the mind of him who commits the act whatever
the source of such influence.(People v. Bolivar,
G.R. No. 108174, [October 28, 1999], 375 PHIL
1033-1051)
To constitute inducement, there must exist on
the part of the inducer the most positive
resolution and the most persistent effort to
secure the commission of the crime, together
with the presentation to the person induced of
the very strongest kind of temptation to commit
the crime. (People v. Yanson-Dumancas, G.R. Nos.
133527-28, [December 13, 1999], 378 PHIL
341-368)
There are 2 ways of directly inducing another
to commit a crime, namely:
1. By giving a price, or offering reward or
promise, and
2. By using words of command. (People v.
Yanson-Dumancas, G.R. Nos. 133527-28,
[December 13, 1999], 378 PHIL 341-368)
Requisites for Words of Command
1. That the one uttering the words of
command must have the intention of
procuring the commission of the crime;
2. That the one who made the common
must have an ascendancy or influence
over the person who acted;
3. That the words used must be so direct, so
efficacious, so powerful as to amount to
physical or moral coercion;
4. The words of command must be uttered
prior to the commission of the crime; and
5. The material executor of the crime has
no personal reason to commit the crime.
(Reyes, The Revised Penal Code, Book
One)
Principal by Proposal to commit a
inducement felony

Requisites of Principal by Inducement In both, there is an inducement to commit a

1. The inducement be made with the intention crime.
of procuring the commission of the crime,
and The principal by The mere proposal to
2. Such inducement be the determining cause inducement becomes commit a felony is
of the commission by the material executor liable only when the punishable in treason
(People v. Yanson-Dumancas, G.R. Nos. crime is committed or rebellion.
133527-28, [December 13, 1999], 378 PHIL by the principal by
341-368) direct participation. The person to whom
the proposal is made
Two ways of becoming principal by inducement should not commit the
1. By directly forcing another to commit a crime; otherwise, the
crime; and proponent becomes a
2. By directly inducing another to commit principal by
the crime. (Revised Penal Code, Article inducement.
17[2])
The inducement The proposal to be
There are 2 ways of directly forcing another to involves any crime. punishable must
commit a crime, namely: involve only treason or
1. By using irresistible force, or rebellion.
2. By causing uncontrollable fear (People v.
(Id.)
Yanson-Dumancas, G.R. Nos. 133527-28,
[December 13, 1999], 378 PHIL 341-368).

27
Note: The criminal liability of a principal by
criminal intention criminal intention
inducement arises only upon the happening of the
about it after the because they
crime. (Id.)
principals have themselves have
reached the decision, decided upon such a
Principal by Indispensable Cooperation
and only then do they course of action.
To be considered as a principal by indispensable
agree to cooperate in
cooperation, there must be direct participation in
its execution.
the criminal design by another act without which
the crime could not have been committed. They merely assent to They decide that a
(People v. Ragundiaz, G.R. No. 124977, [June 22, the plan and cooperate crime should be
2000], 389 PHIL 532-552) in its accomplishments committed.

Those who cooperate in the commission of the They are merely They are the authors
offense by another act without which it could not instruments who of a crime.
have been accomplished". (People v. Fronda, G.R. perform acts not
Nos. 102361-62, [May 14, 1993]) essential to the
perpetration of the
2. Accomplices offense.
Those who, not being included in Article 17
(Principals), cooperate in the execution of the Penalty of one degree Penalty of a principal.
offense by previous or simultaneous acts. lower than that of a
principal.
The two elements necessary to hold a person
(People v. De Vera y Garcia, G.R. No. 128966,
liable as an accomplice are:
[August 18, 1999], 371 PHIL 563-594)
1. Community of design — knowing the criminal
design of the principal by direct
3. Accessories
participation, one concurs therein;
Those who, having knowledge of the commission
2. Cooperation in the execution of the offense
of the crime, and without having participated
by previous or simultaneous acts, with the
therein, either as principals or accomplices, take
intention of supplying material and moral aid
part subsequent to its commission in any of the
in the execution of the crime in an
following manners:
efficacious way; and
1. By profiting themselves or assisting
3. A relation between the acts done by the
the offender to profit by the effects
principal and those attributed to the person
of the crime.
charged as accomplice. (People v. Fabros y
2. By concealing or destroying the body
Castro, G.R. No. 139179, [April 3, 2002], 429
of the crime, or the effects or
PHIL 701-727)
instruments thereof, in order to
prevent its discovery.
To be deemed an accomplice, one needs to have
3. By harboring, concealing, or assisting
had both knowledge of and participation in the
in the escape of the principal of the
criminal act. In other words, the principal and
crime, provided the accessory acts
the accomplice must have acted in conjunction
with abuse of his public functions or
and directed their efforts to the same end. Thus,
whenever the author of the crime is
it is essential that both were united in their
guilty of treason, parricide, murder,
criminal design. (Id.)
or an attempt to take the life of the
Chief Executive, or is known to be
Accomplice Conspirator habitually guilty of some other crime.
(Act No. 3815, Revised Penal Code
They know and agree with the criminal design. (1930), Art. 19)

They know the They know the

28
To convict an accused as an accessory, the
following elements must be proven:
1. Knowledge of the commission of the
crime and
2. Subsequent participation in it by any of
the three cited modes in Art. 19 of the
Revised Penal Code. (People v. Fabros,
G.R. No. 139179, April 3, 2002)
Two Classes of Accessories.
a. Public officers who harbor, conceal, or
assist in the escape of the principal of any
crime (not light felony) with abuse of his
public functions (Revised Penal Code,
Article 19, Par. 3); and
Requisites
1. The accessory is a public officer.
2. Said officer harbors, conceals, or
assists in the escape of the principal.
3. The public officer acts with abuse of
his public functions.
4. The crime committed by the principal
is any crime, provided it is not a light
felony. (Id.)
b. Private persons who harbor, conceal, or
assist in the escape of the author of the
crime who is guilty of treason, parricide,
murder, or an attempt against life of the
President, or who is known to be habitually
guilty of some other crime. (Id.)
Requisites
1. That the accessory is a private person.
2. That he harbors, conceals, or assists in
the escape of the author of the crime;
and
3. That the crime committed by the
principal is either — (a) treason, (b)
parricide, (c) murder, (d) an attempt
against the life of the President, or (e)
that the principal is known to
habitually guilty of some other crimes.
(Id.)
Accessories Exempt from Criminal Liability
An accessory is exempt from criminal liability,
1. When the principal is his or her:
a. Spouse;
b. Ascendant;
c. Descendant; or
29
d. Legitimate, natural or adopted
brother, sister, or relative by
affinity within the same degree;
2. For either:
a. Concealing or destroying the body
of the crime, or the effects or
instruments thereof, in order to
prevent its discovery. 3.
b. By harboring, concealing, or
assisting in the escape of the
principals of the crime, provided
the accessory acts with abuse of
his public functions or whenever
the author of the crime is guilty
of treason, parricide, murder, or
an attempt to take the life of the
Chief Executive, or is known to
be habitually guilty of some other
crime (Revised Penal Code,
Article 20).
Ascendants, descendants, legitimate, natural,
and adopted brothers and sisters, or relatives by
affinity within the same degrees cannot be
exempt as accessories for profiting themselves or
assisting the offender to profit by the effects of
the crime. (Id.)
b) Conspiracy and Proposal
Collective criminal responsibility
"All the conspirators are liable as principals
regardless of the extent and character of their
participation, because the act of one is the act of
all." (People v. Baltar, Jr., G.R. No. 125306,
[December 11, 2000], 401 PHIL 1-19)
For collective responsibility to be established, it
is not necessary that conspiracy be proved by
direct evidence of prior agreement to commit the
crime nor is it essential that there be proof of
previous agreement to commit a crime.
Conspiracy may logically be inferred from acts
and circumstances showing the existence of a
common design to commit the offense charged.
(People v. Gargar, G.R. Nos. 110029-30,
[December 29, 1998], 360 PHIL 729-744)
Note: Principal by induction, except that who
directly forced another to commit a crime, and
principal by direct participation have collective
criminal responsibility. (Revised Penal Code,
Article 12, pars. 5 and 6)
Individual criminal responsibility
In the absence of previous conspiracy, unity of
criminal purpose and intention immediately
before the commission of the crime, or
community of criminal design, the criminal
responsibility arising from different acts directed
against one and the same person is individual and
not collective, and each of the participants is
liable only for the act committed by him. (People
v. Desoy, G.R. No. 127754, [August 16, 1999], 371
PHIL 362-377)
Conspiracy to commit a felony
When two or more persons come to an agreement
concerning the commission of a felony and decide
to commit it. (Revised Penal Code, Article 8)
Proposal to commit a felony
When the person who has decided to commit a
felony proposes its execution to some other
person or persons. (Id.)
GR: Conspiracy and proposal to commit a felony
are not punishable. (Id.)
XPNs: Conspiracy and proposal to commit felony
are punishable only in the cases in which the law
specially provides a penalty therefor. (Id.)
c) Multiple Offenders
(1) Recidivism
A recidivist is one who, at the time of his trial
for one crime, shall have been previously
convicted by final judgment of another crime
embraced in the same title or this Code. (Revised
Penal Code, Article 14[9])
Requisites for recidivist (Reincidencia)
1. That the offender is on trial for an
offense
2. That he was previously convicted by final
judgment of another crime
3. That both the first and second offenses
are embraced in the same title of the
RPC.
4. That the offender is convicted of the new
offense. (See People v. Jaranilla, G.R. No.
L-28547, February 22, 1974; People v
30
Lagarto GR No. 65833 May 6, 1991;
People v. Baldera, G.R. No. L-2390, April
24, 1950)
Effect: Since recidivism is an ordinary aggravating
circumstance, if there are no mitigating
circumstances, then the penalty will be imposed
in its maximum period. (Revised Penal Code,
Article 64[3])
(2) Habituality
That the offender has been previously punished
for an offense to which the law attaches an equal
or greater penalty or for two or more crimes to
which it attaches a lighter penalty. (Revised Penal
Code, Article 14[10])
Elements of habituality (reiteracion):
1. That the accused is on trial for an offense
2. That he previously served sentence for
a. Another crime to which the law
attaches an equal or greater penalty;
OR
b. For two or more crimes to which it
attaches lighter penalty than that for
the new offense
3. That he is convicted of the new offense
(Id.)
Effect: Since habituality is an ordinary
aggravating circumstance, if there are no
mitigating circumstances, then the penalty will
be imposed in its maximum period. (Revised
Penal Code, Article 64[3])
(3) Quasi-Recidivism
Any person who shall commit a felony after
having been convicted by final judgment before
beginning to serve such sentence or while serving
such sentence shall be punished by the maximum
period prescribed by law for the new felony.
(Revised Penal Code, Article 160)
Effect: Maximum period prescribed by law for the
new felony. (Id.)
(4) Habitual Delinquency
The offender within a period of 10 years from the
date of his last release or conviction of the
crimes of serious or less serious physical injuries,
robbery, theft, estafa, or falsification, is found
guilty of any of the said crimes a third time or
oftener. (Revised Penal Code, Article 62 [5])
Effects:
1) Upon a third conviction the culprit shall be
sentenced to the penalty provided by law for
the last crime of which he be found guilty
and to the additional penalty of prision
correccional in its medium and maximum
periods;
2) Upon a fourth conviction, the culprit shall be
sentenced to the penalty provided for the
last crime of which he be found guilty and to
the additional penalty of prision mayor in its
minimum and medium periods; and
3) Upon a fifth or additional conviction, the
culprit shall be sentenced to the penalty
provided for the last crime of which he be
found guilty and to the additional penalty of
prision mayor in its maximum period to
reclusion temporal in its minimum period.
(Id.)
d) Decree Penalizing Obstruction of
Apprehension and Prosecution of Criminal
Offenders (PD 1829)
Punishable Acts:
1. Preventing witnesses from testifying in any
criminal proceeding or from reporting the
commission of any offense or the identity of
any offender/s by means of bribery,
misrepresentation, deceit, intimidation, force
or threats;
2. Altering, destroying, suppressing or
concealing any paper, record, document, or
object, with intent to impair its verity,
authenticity, legibility, availability, or
admissibility as evidence in any investigation
of or official proceedings in, criminal cases,
or to be used in the investigation of, or
official proceedings in, criminal cases;
3. Harboring or concealing, or facilitating the
escape of, any person he knows, or has
reasonable ground to believe or suspect, has
committed any offense under existing penal
laws in order to prevent his arrest
prosecution and conviction;
Note: While spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and
sisters, or relatives by affinity within the same
31
degrees, cannot be held liable as accessories for
harboring, concealing, or assisting in the escape
of the principals of the crime, provided the
accessory acts with abuse of his public functions
or whenever the author of the crime is guilty of
treason, parricide, murder, or an attempt to take
the life of the Chief Executive, or is known to be
habitually guilty of some other crime under
Article 19 (par. 3) of the Revised Penal Code,
these persons can be held liable as principals
under PD 1829.
4. Publicly using a fictitious name for the
purpose of concealing a crime, evading
prosecution or the execution of a judgment,
or concealing his true name and other
personal circumstances for the same purpose
or purposes;
5. Delaying the prosecution of criminal cases by
obstructing the service of process or court
orders or disturbing proceedings in the fiscal's
offices, in Tanodbayan, or in the courts;
6. Making, presenting or using any record,
document, paper or object with knowledge of
its falsity and with intent to affect the course
or outcome of the investigation of, or official
proceedings in, criminal cases;
7. Soliciting, accepting, or agreeing to accept
any benefit in consideration of abstaining
from, discounting, or impeding the
prosecution of a criminal offender;
8. Threatening directly or indirectly another
with the infliction of any wrong upon his
person, honor or property or that of any
immediate member or members of his family
in order to prevent such person from
appearing in the investigation of, or official
proceedings in, criminal cases, or imposing a
condition, whether lawful or unlawful, in
order to prevent a person from appearing in
the investigation of or in official proceedings
in, criminal cases;
9. Giving of false or fabricated information to
mislead or prevent the law enforcement
agencies from apprehending the offender or
from protecting the life or property of the
victim; or fabricating information from the
data gathered in confidence by investigating
authorities for purposes of background
information and not for publication and
publishing or disseminating the same to
mislead the investigator or to the court.
 laws, executive orders and decrees, insofar as
If any of the acts mentioned herein is penalized they impose the death penalty are hereby
by any other law with a higher penalty, the higher repealed or amended accordingly.
penalty shall be imposed. (PD 1829, Section 1)
Section. 2. In lieu of the death penalty, the
If any of the foregoing acts is committed by a following shall be imposed.
public official or employee, he shall in addition to (a) The penalty of reclusion perpetua, when the
the penalties provided thereunder, suffer law violated makes use of the nomenclature
perpetual disqualification from holding public of the penalties of the Revised Penal Code;
office. (PD 1829, Section 2) or
(b) The penalty of life imprisonment, when the
C. PENALTIES law violated does not make use of the
nomenclature of the penalties of the Revised
Penalty Penal Code.
A punishment imposed on a wrongdoer usually in
the form of imprisonment or fine"; Punishment Section. 3. Persons convicted of offenses
imposed by lawful authority upon a person who punished with reclusion perpetua, or whose
commits a deliberate or negligent act. (Samahan sentences will be reduced to reclusion perpetua,
ng Mga Progresibong Kabataan v. Quezon City, by reason of this Act, shall not be eligible for
G.R. No. 225442, August 8, 2017) parole under Act No. 4180, otherwise known as
the Indeterminate Sentence Law, as amended.
ARTICLE 25. PENALTIES WHICH MAY BE
IMPOSED. 2. Afflictive penalties:
a. Reclusion perpetua
1. Imposable Penalties (Include: Act b. Reclusion temporal
Prohibiting the Imposition of Death Penalty c. Perpetual or temporary absolute
in the Philippines (RA 9346)) disqualification
d. Perpetual or temporary special
Article 25 of the Revised Penal Code provides disqualification
for the penalties which may be imposed e. Prision mayor
according to this Code, and their different 3. Correctional penalties:
classes, which include: a. Prision correccional
b. Arresto mayor
Principal penalties c. Suspension
d. Destierro
1. Capital punishment: 4. Light penalties:
a. Death a. Arresto menor
b. Public censure
Note: 5. Penalties common to the three preceding
classes:
Pertinent Provisions of RA 9346: An Act a. Fine, and
Prohibiting the Imposition of Death Penalty In The b. Bond to keep the peace.
Philippines, June 24, 2006
Accessory penalties
Section 1. The imposition of the penalty of death
is hereby prohibited. Accordingly, Republic Act 1. Perpetual or temporary absolute
No. Eight Thousand One Hundred Seventy-Seven disqualification
(R.A. No. 8177), otherwise known as the Act 2. Perpetual or temporary special
Designating Death by Lethal Injection is hereby disqualification
repealed. Republic Act No. Seven Thousand Six 3. Suspension from public office, the right to
Hundred Fifty-Nine (R.A. No. 7659), otherwise vote and be voted for, the profession or
known as the Death Penalty Law, and all other calling

32
4. Civil Interdiction 2. Indivisible – Have no fixed duration. (Id.)
5. Indemnification
6. Forfeiture or confiscation of instruments and
proceeds of the offense Classification of penalties
7. Payment of cost. (Revised Penal Code, Article According to their subject-matter:
25) 1. Corporal (death).
2. Deprivation of freedom (reclusion,
2. Classification prision, arresto).
3. Restriction of freedom (destierro).
Classification of penalties 4. Deprivation of rights (disqualification and
1. Principal penalties — Those expressly suspension).
imposed by the court in the judgment of 5. Pecuniary (fine). (Id.)
conviction.
2. Accessory penalties — Those that are According to their gravity (corresponds to the
deemed included in the imposition of the classification of the felonies in Art. 9, into grave,
principal penalties. (Reyes, The Revised less grave and light.):
Penal Code, Book One) 1. Capital,
2. Afflictive,
Classification of principal penalties 3. Correctional,
According to their divisibility. 4. Light. (Id.)
1. Divisible – Have fixed duration and are
divisible into three periods

3. Duration and Effects

Duration of Penalties (Revised Penal Code, Article 27)

Penalty Duration

Reclusion From twenty years and one day to forty years.

perpetua.
Note: Reclusion Perpetua is an indivisible penalty. [I]f reclusion perpetua was
reclassified as a divisible penalty, then Article 63 of the Revised Penal Code would
lose its reason and basis for existence. (People v. Lucas y Briones, G.R. Nos.
108172-73, [January 9, 1995], 310 PHIL 77-89)

Illustration
The first paragraph of Section 20 of the amended R.A. No. 6425 provides for the
penalty of reclusion perpetua to death whenever the dangerous drugs involved are
of any of the quantities stated therein. If Article 63 of the Code were no longer
applicable because reclusion perpetua is supposed to be a divisible penalty, then
there would be no statutory rules for determining when either reclusion perpetua
or death should be the imposable penalty.(Id.)

Reclusion From twelve years and one day to twenty years.

temporal.

Prision mayor From six years and one day to twelve years, except when the penalty of
and temporary disqualification is imposed as an accessory penalty, in which case, its duration
disqualification. shall be that of the principal penalty.

33
 Prision From six months and one day to six years, except when suspension is imposed as
correccional, an accessory penalty, in which case, its duration shall be that of the principal
suspension, and penalty.
destierro

Arresto mayor. From one month and one day to six months.

Arresto menor. From one day to thirty days.

Bond to keep the Required to cover such period of time as the court may determine.
peace.

3. Penalties of perpetual or temporary special

Effects of Penalties (RPC, Articles 30-35) disqualification for the exercise of the
right of suffrage (RPC, Article 32)
Perpetual absolute Temporary absolute
1. Deprivation of the right to vote or to
disqualification disqualification
be elected to any public office.
It is effective during the It lasts during the term 2. Cannot hold any public office during
lifetime of the convict during the term of the the period of disqualification.
and even after the sentence, and is
service of the sentence. removed after the 4. Penalties of suspension from public office,
(Lacuna v. Abes, G.R. service of the same. profession, or calling or the right of
No. L-28613, [August (Monsanto v. Factoran, suffrage (RPC, Article 33)
27, 1968], 133 PHIL Jr., G.R. No. 78239, a. Disqualification from holding such
770-772) [February 9, 1989], office or exercising such profession or
252 PHIL 192-210) calling or right of suffrage during the
term of sentence.
b. If suspended from public office, the
1. Penalties of perpetual or temporary offender cannot hold another office
absolute disqualification for public office having similar functions during the
(RPC, Article 30) period of suspension
1. Deprivation of public offices and
employment, even if by election. 5. Civil interdiction (RPC, Article 34)
2. Deprivation of the right to vote or to 1. Deprivation of the rights of parental
be elected. authority or guardianship of any
3. Disqualification for the offices or ward.
public employment and for the 2. Deprivation of marital authority.
exercise of any of the rights 3. Deprivation of the right to manage his
mentioned. property and of the right to dispose
4. Loss of right to retirement pay or of such property by any or any
pension for any office formerly held. conveyance inter vivos.

2. Penalties of perpetual or temporary special 6. Bond to keep peace (RPC, Article 35)
disqualification for public office, 1. The offender must present two
profession or calling (RPC, Article 31) sufficient sureties who shall
1. Deprivation of the office, undertake that the offender will not
employment, profession, or calling commit the offense sought to be
affected. prevented, and that it case such
2. Disqualification for holding similar offense be committed they will pay
offices or employment perpetually or the amount determined by the court;
during the term of the sentence. or

34
 2. The offender must deposit such
amount with the clerk of court to
guarantee said undertaking; or
3. The offender may be detained, if he
cannot give the bond, for a period
not to exceed six (6) months if
prosecuted for grave or less grave
felony, or for a period not to exceed
30 days, if for a light felony.
4. Application
a. Subsidiary Imprisonment
Rules as to Subsidiary Imprisonment (Revised
Penal Code, Article 39)
1. If the penalty imposed is prision
correccional or arresto and fine —
subsidiary imprisonment shall not exceed
one-third (⅓) of the term of the
sentence, and shall not continue for more
than one year.
● Fractions or part of a day are not
counted.
2. When the penalty imposed is fine only —
subsidiary imprisonment shall not exceed
six months, if the culprit is prosecuted
for grave or less grave felony, shall not
exceed 15 days, if prosecuted for light
felony.
3. When the penalty imposed is higher than
prision correccional — no subsidiary
imprisonment.
4. When the penalty imposed is not to be
executed by confinement, but of fixed
duration — subsidiary penalty shall consist
in the same deprivations as those of the
principal penalty, under the same rules as
in Nos. 1, 2, and 3 above.
5. In case financial circumstances of the
convict should improve, he shall pay the
fine, notwithstanding the fact that her
has already served subsidiary
imprisonment.
b. Indeterminate Sentence Law (Act No. 4103,
as amended)
Penalties imposed under ISLaw
1. Revised Penal Code
a. Maximum term: that which could
be properly imposed under the
35
RPC., in view of the attending
circumstances
b. Minimum term: withín the range
of the penalty next lower to that
prescribed by the Code for the
offense. (Indeterminate Sentence
Law, Act No. 4225, Section 1)
2. Special Penal Laws
a. Maximum term: shall not exceed
the maximum fixed by such law
b. Minimum term: shall not be less
than the minimum term
prescribed by such law.
(Indeterminate Sentence Law, Act
No. 4103, Section 1)
The Indeterminate Sentence Law shall not
apply to the following:
1. Offenses punished by death or life
imprisonment
2. Those convicted of treason (Art. 114,
RPC), conspiracy or proposal to commit
treason (Art. 115), misprision of treason
(Art. 116);
3. Those convicted of rebellion (Art. 134),
sedition (Art. 139), or espionage (Art.
117);
4. Those convicted of piracy (Art. 132);
5. Habitual delinquents (Art. 62, par. 5);
6. Those who escaped from confinement or
evaded sentence;
7. Those who were granted conditional
pardon and violated the terms thereof
(People v. Corral, 74 Phil. 359);
8. Those whose maximum period of
imprisonment does not exceed 1 year (1
year or less).
9. Those who are serving final judgment
upon the approval of the ISL
10. Those sentenced to the penalty of
destierro or suspension. (People v. Oyanib
y Mendoza, G.R. Nos. 130634-35, [March
12, 2001], 406 PHIL 650-662)
5. Graduation of Penalties
Graduation of Penalties
1. By degrees
a. Stages of execution:
1. Consummated;
2. Frustrated; or
 3. Attempted. which the accused intended to commit,
b. Degree of criminal participation of the lower penalty shall be imposed in its
the offender: maximum period.
1. Principal; 2. If the penalty for the felony committed be
2. Accomplice; or lower than the penalty for the offense
3. Accessory. which the accused intended to commit,
the lower penalty shall be imposed in its
2. By division of divisible penalty maximum period.
i. Maximum; 3. If the act committed also constitutes an
ii. Medium; and attempt or frustration of another crime,
iii. MInimum. and the law prescribes a higher penalty for
either of the latter, the penalty for the
Penalty to be imposed when the crime attempted or frustrated crime shall be
committed is different from that intended (RPC, imposed in its maximum period.
Article 49)
1. If the penalty for the felony committed be
higher than the penalty for the offense

Diagram of Application of Articles 50-57

Consummated Frustrated Attempted

Principal Penalty prescribed 1 degree lower 2 degrees lower

Accomplice 1 degree lower 2 degrees lower 3 degrees lower

Accessory 2 degrees lower 3 degrees lower 4 degrees lower

● Articles 50 to 57 shall not apply to cases

Penalty to be imposed upon principals where the law expressly prescribes the
GR: The penalty prescribed by law in general penalty for a frustrated or attempted
terms shall be imposed upon the principals for felony or to be imposed upon accomplices
consummated felony. (RPC, Article 46) or accessories. (RPC, Article 60)

XPN: When the penalty to be imposed upon the

principal in frustrated or attempted felony is
fixed by law.

Guide for Graduation of Penalties (According to the Revised Penal Code, Articles 61-65; 71)

Article of Rules and Effects

Revised Penal
Code

Article 71 Graduated Scales (RPC, Article 71)

1. Scale No. 1
a. Death;
b. Reclusion perpetua;
c. Reclusion temporal;
d. Prision mayor;
e. Prision correccional;
f. Arresto mayor;

36
 g. Destierro
h. Arresto menor;
i. Public censure;
j. Fine

2. Scale No. 2
a. Perpetual absolute disqualification;
b. Temporary absolute disqualification;
c. Suspension from public office, the right to vote and be voted for, and the
right to follow a profession or calling;
d. Public censure;
e. Fine.

Death — No longer forms part of the equation in the graduation of penalties,

pursuant to R.A. No. 9346.

Article 61 Rules for Indivisible Penalties

1. When the penalty prescribed for the felony is single and indivisible — The
penalty next lower in degree shall be that immediately following that
indivisible penalty in the respective graduated scale prescribed in Article 71.
2. When the penalty prescribed for the crime is composed of two indivisible
penalties, or of one or more divisible penalties to be imposed to their full
extent — The penalty next lower in degree shall be that immediately following
the lesser of the penalties prescribed in the respective graduated scale.
3. When the penalty prescribed for the crime is composed of one or two
indivisible penalties and the maximum period of another divisible penalty —
The penalty next lower in degree shall be composed of the medium and
minimum periods of the proper divisible penalty and the maximum period of
that immediately following in said respective graduated scale.
4. When the penalty prescribed for the crime is composed of several periods,
corresponding to different divisible penalties — The penalty next lower in
degree shall be composed of the period immediately following the minimum
prescribed and of the two next following, which shall be taken from the penalty
prescribed if possible; otherwise from the penalty immediately following in the
above mentioned respective graduated scale.
5. When the law prescribes a penalty for a crime in some manner not specially
provided for in the four preceding rules — The courts, proceeding by analogy,
shall impose the corresponding penalties upon those guilty as principals of the
frustrated felony, or of attempt to commit the same, and upon accomplices and
accessories.

Article 62 Effects of Mitigating and Aggravating Circumstances, and Habitual Delinquency

1. Aggravating circumstances (generic and specific) have the effect of increasing
the penalty, without, however, exceeding the maximum provided by law.
2. Mitigating Circumstances have the effect of diminishing the penalty.
3. Habitual Delinquency has the effect, not only of increasing the penalty
because of recidivism, which is generally implied in habitual delinquency, but
also of imposing an additional penalty.

Rules Regarding Aggravating and Mitigating Circumstances (RPC, Article 62)

37
 1. Aggravating circumstances which (i) in themselves constitute a crime
especially punished by law or which (ii) are included by the law in defining a
crime and prescribing the penalty therefore are not to be taken into account to
increase the penalty.
2. The same rule applies with respect to aggravating circumstances which are
inherent in the crime.
3. Aggravating or mitigating circumstances which arise from (i) moral attributes of
the offender, or (ii) from his private relations with the offender party, or (iii)
from any other personal cause, serve to aggravate or mitigate the liability of
the principals, accomplices, and accessories as to whom such circumstances are
attendant.
4. The circumstances which consist (i) in the material execution of the act or (ii)
in the means employed to accomplish it, shall serve to aggravate or mitigate
the liability of those persons only who had knowledge of them at the time of
the execution of the act or their cooperation therein.
5. Additional penalty for habitual delinquent:
a. Third conviction — the culprit shall be sentenced to the penalty provided
for the last crime of which he is found guilty and to the additional penalty
of prision correccional in its medium and maximum periods.
b. Fourth conviction — the culprit shall also be sentenced to the additional
penalty of prision mayor in its minimum and medium periods.
c. Fifth or additional convictions — the culprit shall also be sentenced to
the additional of prision mayor in its maximum period to reclusion temporal
in its minimum period.

Article 63 Rules for Application of Indivisible Penalties

1. When the penalty is single indivisible, it shall be applied regardless of any
mitigating or aggravating circumstances.
2. When the penalty is composed of two indivisible penalties, the following rules
shall be observed:
a. When there is only one aggravating circumstance — The greater penalty
shall be imposed.
b. When there is neither mitigating nor aggravating circumstances — The
lesser penalty shall be imposed.
c. When there is a mitigating circumstance and no aggravating circumstance —
The lesser penalty shall be imposed.
d. When both mitigating and aggravating circumstances are present — The
court shall allow them to offset one another.

Article 64 Rules for Application of Penalties with Three Periods

1. No aggravating and no mitigating — medium period.
2. Only a mitigating — minimum period.
3. Only an aggravating — maximum period.
4. When there are aggravating and mitigating — the court shall offset those of one
clase against the other according to their relative weight.
5. Two or more mitigating and aggravating — penalty next lower, in the period
applicable, according to the number and nature of such circumstances.
6. No penalty greater than the maximum period of the penalty prescribed by law
shall be imposed, no matter how many aggravating circumstances are present.
7. The court can determine the extent of the penalty “within the limits of each
period, according to the number” and “nature” of the aggravating and

38
 mitigating circumstances and the greater or less “extent of the evil” produced
by the crime.

Cases when Mitigating and Aggravating Circumstances Not Considered in the

Imposition of Penalty
1. When the penalty is single and indivisible.
2. In felonies through negligence.
3. The penalty to be imposed upon a Moro or other non-Christian inhabitants.
4. When the penalty is only a fine imposed by an ordinance.
5. When the penalties are prescribed by special laws.

Article 65 Rules In Cases in which the Penalty in Not Composed of Three Periods
The courts shall apply the rules contained in the foregoing articles, dividing into
three (3) equal portions the time included in the penalty prescribed, and forming
one period of each of the three portions.

Imposition of Fines (RPC, Article 66) 2. Otherwise, the order of their respective
1. The court can fix any amount of the fine severity shall be followed.
within limits established by law. 3. Respective severity of the penalties is as
2. The court must consider — follows:
a. The mitigating and aggravating a. Death;
circumstances; and b. Reclusion perpetua;
b. The wealth or means of the c. Reclusion Temporal;
culprit. d. Prision mayor;
e. Prision correccional;
When Not All the Requisites of Exemption of f. Arresto mayor;
Accident are Present (RPC, Article 67) g. Arresto menor;
1. Reckless Imprudence — if it is executed h. Destierro;
without taking those precautions or i. Perpetual absolute
measures which the most common disqualification;
prudence would require; or j. Temporary absolute
2. Simple Imprudence — If it is a mere lack disqualification;
of precaution in those cases where either k. Suspension from public office, the
the threatened harm is not imminent or right to vote and be vote for, the
the danger is not openly visible. right to follow profession or
When the Crime Committed is not Wholly calling; and
Excusable (RPC, Article 69) l. Public censure.
● Penalty lower by one (1) or two (2) than
that prescribed shall be imposed if the Penalties which can be Simultaneously Served
deed is not wholly excusable by reason of 1. Perpetual absolute disqualification
the lack of some of the conditions 2. Perpetual special disqualification
required to justify the same or to exempt 3. Temporary absolute disqualification
from criminal liability. 4. Temporary special disqualification
5. Suspension
6. Destierro
Successive Service of Sentence (RPC, Article 70) 7. Public censure
1. When the culprit has to serve two or 8. Fine and bond to keep the peace
more penalties, he shall serve them 9. Civil interdiction, and
simultaneously if the nature of the 10. Confiscation and payment of costs. (In re
penalties will so permit; Lagran, G.R. No. 147270, [August 15,
2001], 415 PHIL 506-510)

39
 c. his mentality, heredity and
These penalties, except destierro, can be served personal habits;
simultaneously with imprisonment. d. his previous conduct,
environment and mode of life
The penalties consisting in deprivation of liberty (and criminal record, if any);
cannot be served simultaneously by reason of the e. his previous education, both
nature of such penalties. Where the accused is intellectual and moral;
sentenced to two or more terms of imprisonment, f. his proclivities and aptitudes for
the terms should be served successively. (In re usefulness or injury to society;
Lagran, G.R. No. 147270, [August 15, 2001], 415 g. his demeanor during trial and his
PHIL 506-510) attitude with regard to the crime
committed;
Preference in Payment of Civil Liabilities (RPC, h. the manner and circumstances in
Article 72) which the crime was committed;
The civil liabilities of a person found guilty of two i. the gravity of the offense.
or more offenses shall be satisfied by following
the chronological order of the dates of the final 2. The criminal as a member of society
judgments rendered against him, beginning with a. his relationship toward his
the first in order of time. dependents, family and
associates and their relationship
Increasing or Reducing the Penalty of Fine by with him,
One or More Degree (RPC, Article 75) b. his relationship towards society
Whenever it may be necessary to increase or at large and the State.
reduce the penalty of fine by one or more
degrees, it shall be increased or reduced for each 6. Accessory Penalties
degree, by one-fourth (¼) of the maximum
amount prescribed by law, without changing the Outline of Accessory Penalties Inherent in
minimum. Principal Penalties (RPC, Articles 40-44)
1. Death, when not executed by reason of
Legal Period of Duration of Divisible Penalties commutation or pardon:
(RPC, Article 76) a. Perpetual absolute
The legal period of duration of divisible penalties disqualification; and
shall be considered as divided into three (3) b. Civil interdiction for 30 years, if
parts, forming three (3) periods: not expressly remitted in the
1. Minimum; pardon.
2. Medium; and 2. Reclusion perpetua and reclusion
3. Maximum. temporal:
a. Civil interdiction for life or during
When the Penalty is a Complex (RPC, Article 77) the sentence; and
A complex penalty is a penalty prescribed by law b. Perpetual absolute
composed of three distinct penalties, each disqualification, unless express
forming a period; the lightest of them shall be remitted in the pardon of the
the minimum, the next the medium, and the principal penalty.
most severe the maximum period. 3. Prision mayor:
a. Temporary absolute
Factors to be taken into consideration by the disqualification; and
court in fixing the minimum penalty b. Perpetual special disqualification
1. The criminal as an individual from suffrage, unless expressly
a. his age, especially with reference remitted in the pardon of the
to extreme youth or old age; principal penalty.
b. his general health and physical
conditions;

40
 4. Prisión correccional:
a. Suspension from public office,
profession, or calling; and
b. Perpetual special disqualification
from suffrage, if the duration of
the imprisonment exceeds 18
months, unless expressly remitted
in the pardon of the principal
penalty.
5. Arresto:
a. Suspension of the right to hold
office and the right of suffrage
during the term of the sentence.
Presumption in the Imposition of Accessory
Penalties (RPC, Article 73)
The accessory penalties provided for in Articles
40 to 45 are deemed imposed by the courts
without the necessity of making an express
pronouncement of their imposition.
D. EXECUTION AND SERVICE OF SENTENCE
1. Three-fold Rule
The maximum duration of the convict's sentence
shall not be more than threefold the length of
time corresponding to the most severe of the
penalties imposed upon him.
No other penalty to which he may be liable shall
be inflicted after the sum of those imposed
equals the said maximum period.
Such maximum period shall in no case exceed
forty years. (Revised penal Code, Section 70, Last
two paragraphs)
2. Probation Law (P.D. No. 968, as amended)
A privilege granted by the State under which a
defendant, after conviction and sentence, is
released subject to conditions imposed by Trial
Court and to the supervision of a Probation
Officer. (Omnibus Rules on Probation Methods and
Procedures)
Penalty, to be entitled to probation
1. A term of imprisonment not exceeding six
years. (Palo y Toyur v. Militante, G.R. No.
76100, [April 18, 1990])
41
2. Fine only (Sistoso v. Saracin, G.R. No.
252238 (Notice), [August 24, 2020])
Procedure in applying for probation
1. Within the period for perfecting an
appeal, an application for probation must
be filed with the trial court. (Amendment
to P.D. No. 968, Section 4)
2. Upon receipt of the application for
probation, the court shall suspend the
execution of the sentence. (Id.)
3. The court shall issue an order to
probation officer to conduct a
post-sentence investigation. (Id.)
4. Pending submission of the investigation
report and the resolution of the
application, the defendant may be
allowed on temporary liberty under his
bail fled in the criminal case. If no bail
was filed or the defendant is incapable of
filing one, the court may allow the
release of the defendant on recognizance
to the custody of a responsible member
of the community who shall guarantee his
appearance whenever required by the
court. (Id.)
5. The probation officer shall submit the
investigation report to the court not later
than 60 days from receipt of the order of
said court to conduct the investigation.
(Id.)
6. The court shall resolve the application for
probation not later than 15 days after
receipt of the investigation report.
7. If application is granted, the court shall
issue a probation order. (Id.)
GR: Probation may be granted whether the
sentence imposes a term of imprisonment or a
fine only. The filing of the application shall be
deemed a waiver of the right to appeal.
(Amendment to P.D. No. 968 (Probation Law of
1976), Republic Act No. 10707, Section 4)
XPN: Convicts may file for probation if appeal is
for conviction imposing a non-probationable
penalty which is modified on appeal to a
probationable penalty. (Reyes, The Revised Penal
Code, Book One)
Criteria for placing an offender on probation
The court shall consider
 1. All the information relative to the
a. Character,
b. Antecedents
c. Environment
d. Mental condition, and
e. Physical condition of the offender
2. Available institutional and community
resources. (Parole and Probation
Administration Omnibus Rules on
Probation Methods and Procedures,
Section 16)
When probation shall be denied.
When the court finds that:
1. the offender is in need of correctional
treatment that can be provided most
effectively by his commitment to an
institution; or
2. there is an undue risk that during the
period of probation, the offender will
commit another crime: or
3. probation will depreciate the seriousness
of the offense committed. (Probation Law
of 1976, Presidential Decree No. 968,
Section 8)
Offenders disqualified from being placed on
probation:
1. Those sentenced to serve a maximum
term of imprisonment of more than six
years;
2. Those convicted of any crime against the
national security;
3. Those who were previously convicted by
final judgment of an offense punished by
imprisonment of more than six months
and one day and/or a fine of more than
P1,000.00;
4. Those who have been once on probation
under the provisions of the Decree; and
5. Those who are already serving sentence
at the time the substantive provisions of
the Decree became applicable pursuant
to Section 33 thereof. (Probation Law of
1976, Presidential Decree No. 968,
Section 9)
Conditions of probation:
1. Sentenced to serve a maximum term of
imprisonment of more than six (6) years;
2. Convicted of any crime against the
national security;
42
3. Who have previously been convicted by
final judgment of an offense punished by
imprisonment of more than six (6) months
and one (1) day and/or a fine of more
than one thousand pesos (P1,000.00);
4. Who have been once on probation under
the provisions of this Decree; and
5. Who are already serving sentence at the
time the substantive provisions of this
Decree became applicable pursuant to
Section 33 hereof. (Amendment to P.D.
No. 968 (Probation Law of 1976), Republic
Act No. 10707, Section 2)
Duration of the probation:
1. If the convict is sentenced to a term of
imprisonment of not more than one year,
the period of probation shall not exceed
two years.
2. In all other cases, if he is sentenced to
more than one year, said period shall not
exceed six years.
3. When the sentence imposes a fine only
and the offender is made to serve
subsidiary imprisonment, the period of
probation shall be twice the total number
of days of subsidiary imprisonment. (Id.)
3. Juvenile Justice and Welfare Act (R.A. No.
9344, as amended)
Definitions:
1. Child - A person under eighteen (18)
years
2. Child in Conflict with the Law - A child
who is alleged as, accused of, or
adjudged as, having committed an
offense under Philippine laws.
3. Discernment - Capacity of the child at
the time of the commission of the offense
to understand the differences between
right and wrong and the consequences of
the wrongful act.
Intent Discernment
Products of the mental processes within a
person
Desired act of the Moral significance
person that a person ascribes

to the said act.
Discernment; how shown
1. Manner of committing the crime.
2. Conduct of offender
Automatic suspension of sentence under
Republic Act No. 9344.
Once the child who is under 18 years of age at
the time of the commission of the offense is
found guilty of the offense charged, the court
shall determine and ascertain any civil liability
which may have resulted from the offense
committed. However, instead of pronouncing the
judgment of conviction, the court shall place the
child in conflict with the law under suspended
sentence, without need of application: Provided,
however, That suspension of sentence shall be
applied even if the juvenile is already 18 years of
age or more at the time of the pronouncement of
his/her guilt. (Sec. 38, R.A. No. 9344)
4. An Act Adjusting the Amount or the Value
of Property and Damage on Which a Penalty
is Based and the Fines Imposed Under the
Revised Penal Code (RA 10951)
Pertinent Provisions
Section 1. Article 9 of Act No. 3815, otherwise
known as "The Revised Penal Code" is hereby
amended to read as follows:
"Art. 9. Grave felonies, less grave felonies and
light felonies. - Grave felonies are those to which
the law attaches the capital punishment or
penalties which in any of their periods are
afflictive, in accordance with Article 25 of this
Code.
"Less grave felonies are those which the law
punishes with penalties which in their maximum
period are correctional in accordance with
abovementioned article.
"Light felonies are those infractions of law or the
commission of which the penalty of arresto menor
or a fine not exceeding Forty thousand pesos
(₱40,000) or both is provided."
43
Section 2. Article 26 of the same Act is hereby
amended to read as follows:
"Art. 26. When afflictive, correctional, or light
penalty. - A fine, whether imposed as a single or
as an alternative penalty, shall be considered an
afflictive penalty, if it exceeds One million two
hundred thousand (₱1,200,000);
A correctional penalty, if it does not exceed One
million two hundred thousand pesos (₱1,200,000)
but is not less than Forty thousand pesos
(₱40,000); and
A light penalty, if it be less than Forty thousand
pesos (₱40,000)."
Note: This law also amended specified felonies
(including Theft [Article 309], Estafa [Article
315], etc.) in the Revised Penal Code in as far as
the fine is concerned.
5. Community Service Act (R.A. No. 11362;
A.M. No. 20-06-14-SC)
The Community Service Act (R.A. No. 11362)
Definition
Community service - consist of any actual
physical activity which inculcates civic
consciousness, and is intended towards the
improvement of a public work or promotion of a
public service.
Amendment of Article 88(a) of Act No. 3815
Upon the discretion of the court, a convict may
serve the penalties of arresto menor and arresto
mayor by rendering community service in the
place where the crime was committed, under
such terms as the court shall determine, taking
into consideration the gravity of offense and the
circumstances of the case, which shall be under
the supervision of a probation officer.
The court will prepare an order imposing the
community service, specifying the number of
hours to be worked and the period within which
to complete the service.
The defendant shall likewise be required to
undergo rehabilitative counseling under the social
welfare and development office of the city or
municipality concerned with the assistance of the
DSWD
If the defendant violates the terms of the
community service, the court shall order his/her
re-arrest and the defendant shall serve the full
term of the penalty, as the case may be, in jail,
or in the house of the defendant as provided
under Article 88.
However, if the defendant has fully complied with
the terms of the community service, the court
shall order the release of the defendant unless
detained for some other offenses.
The privilege of rendering community service in
lieu of service in jail shall be availed of only
once.
The Guidelines In The Imposition Of Community
Service As Penalty In Lieu Of Imprisonment
(A.M. No. 20-06-14-SC)
1. After promulgation of judgment or order
where the imposable penalty for the
crime or offense committed by the
accused is arresto menor or arresto
mayor, it shall be the court's duty to
inform the accused of and announce in
open court his/her options within fifteen
(15) calendar days from date of
promulgation, to wit:
(a) file an appeal;
(b) apply for probation as provided
by law; or
(c) apply that the penalty be served
by rendering community service
in the place where the crime was
committed.
It shall further be explained to the
accused that if he/she chooses to appeal
the conviction, such resort thereto bars
any application for community service or
probation.
2. In the event an accused opts to apply for
community service, the application must
be filed within the period to perfect an
appeal. Likewise, said application shall
be resolved within five (5) calendar days
from the filing thereof. For this purpose,
the court should set a hearing to render
or promulgate the ruling on the said
application within the said period.
44
3. If the accused was required to post bail,
pending resolution of the application for
community service he/she may also move
that he/she be allowed on temporary
liberty under the same bond he/she
posted or be granted recognizance as
provided for under Section 15, Rule 114
of the Revised Rules on Criminal
Procedure.
4. Upon receipt of the application for
community service, the court shall
immediately notify the following officers:
(a) the barangay chairperson or
his/her authorized representative
of the barangay where the crime
was committed;
(b) a representative from the
provincial or city's Probation
Office; and,
(c) the local government unit's Social
Welfare Development Officer
(SWDO).
The court may resort to electronic service
of the notices to the above officers.
5. The notice shall direct the barangay
chairperson or his/her authorized
representative to submit a proposed
community service program for accused
on or before the scheduled hearing on the
application. The SWDO shall also be
directed to recommend a rehabilitative
counseling program and schedule for the
accused that shall be incorporated in the
barangay's proposal. The following
programs of the Parole and Probation
Office in relation to community service
may also be considered:
(a) Mentoring and Intergenerational
Service;
(b) Economic Development;
(c) Citizenship and Civic
participation-experiential
activities which involve solving
community problems; and
(d) Involvement in Crime Prevention
projects.
6. In assessing the recommendations of the
barangay chairperson or his/her
authorized representative and SWDO, the
 court shall take into account that the
type of program for community service
shall
(a) consist of actual physical activity
which inculcates civic
consciousness;
(b) intended towards the
improvement of a public work; or,
(c) promotion of public service.
7. In exercising the discretion to allow
service of penalty through community
service, the following factors may be
taken into consideration by the court:
(a) The gravity of the offense;
(b) The circumstances of the case;
(c) The welfare of the society; and
(d) The reasonable probability that
the accused shall not violate the
law while rendering the service.
In no case shall the benefit of the
Community Service Law be given to the
accused more than once. Also, the period
for the community service to be rendered
should not be more than the maximum
sentence imposed by law, but not less
than one-third (1/3) thereof.
If the accused has undergone preventive
imprisonment, the period shall be
deducted from the term of community
service.
8. The court shall resolve the application for
community service immediately after the
hearing thereon. An order granting or
denying the application shall not be
appealable.
Failure of the accused to appear at the
said hearing, except for justified reasons,
shall be a ground to deny the application
and a warrant of arrest shall be issued
against the accused.
9. In the event the court needs time to
resolve the application, the comi shall set
the order for promulgation within twenty
four (24) hours from the hearing thereof
and require the presence of accused and
his/her counsel, including the
representatives from the concerned
barangay, city or municipal Probation
Office and SWDO.
45
10. The community service order shall
provide for the following:
(a) The details of the community
service program;
(b) The specific number of hours to
be accomplished and period
within which to complete the
service;
(c) The referral of accused to the
probation office having
jurisdiction over the place where
the crime was committed for
supervision;
(d) A statement requiring the
concerned probation officer to
provide a final report on the
accused's compliance with the
program within five (5) calendar
days from expiration of the
period and recommendation for
discharge if applicable;
(e) A statement requiring the SWDO
to submit a report within five (5)
calendar days after completion of
rehabilitative counseling; and
(f) The imposition of additional
conditions as may be warranted
by the circumstances of the case.
The community service order shall take
effect upon its issuance in open court, at
which time, the court shall inform the
accused of the consequences thereof and
explain that failure to comply with the
terms or commission of another offense,
he/she shall be re-arrested to serve the
full term of the penalty.
11. After the period of community service
and upon consideration of the report and
recommendation of the probation officer
and SWDO, the court may order the final
discharge of accused upon finding that
he/she has fulfilled the terms and
conditions of his community service and
thereupon, the case is deemed
terminated. The accused, probation
officer and SWDO shall each be furnished
with a copy of such order.
12. If the accused is sentenced with a penalty
higher than arresto menor or arresto
 mayor, and on appeal the penalty was
lowered to arresto menor or arresto
mayor, which became final and executory,
the accused may, upon written
application with the court of origin, seek
community service in lieu of
imprisonment, which may be acted upon
subject to the provisions of these
guidelines.
With respect hereto, in no case shall
community service be allowed if the
defendant is a habitual delinquent.
13. In the event the court denies the
application for community service, and
the period to appeal has not yet lapsed,
the accused may still choose to appeal
the said judgment or apply for probation.
14. An accused who has applied and was
granted probation in a previous case is
not disqualified to apply for community
service in a subsequent case.
E. Extinction of Criminal Liability (as
amended by R.A. No. 10592)
Criminal Liability is Extinguished:
1. By the death of the convict, as to the
personal penalties; and as to pecuniary
penalties, liability therefor is
extinguished only when the death of the
offender occurs before final judgment.
2. By service of the sentence.
3. By amnesty, which completely
extinguishes the penalty and all its
effects.
4. By absolute pardon.
5. By prescription of the crime.
6. By prescription of the penalty.
7. By the marriage of the offended woman,
as provided in article 344 of this Code.
(RPC, Article 89)
GR: Death of the accused pending appeal of his
conviction extinguishes his criminal liability as
well as the civil liability based solely on the
offense committed.
XPN: The claim for civil liability survives
notwithstanding the death of the accused, if the
same may also be predicated on a source of
46
obligation other than delict, such as law,
contracts, quasi-contracts and quasi-delicts.
(People v. Maylon y Alvero, G.R. No. 240664)
Amnesty
Act of the sovereign power granting oblivion or a
general pardon for a past offense, and is rarely, if
ever, exercised in favor of a single individual, and
is usually exerted in behalf of certain classes of
persons, who are subject to trial but have not yet
been convicted.
Pardon
Act of grace proceeding from the power
entrusted with the execution of the laws which
exempts the individual on whom it is bestowed
from the punishment the law inflicts for the
crime he has committed. (Llamas v. Orbos)
It is a remission of guilt, a forgiveness of the
offense. (People v. Vera)
Kinds of pardon:
1. Absolute pardon
The total extinction of the criminal liability of
the individual to whom it is granted without any
condition. It restores to the individual his civil
and political rights and remits the penalty
imposed for the particular offense of which he
was convicted. (Revised Rules and Regulations of
the Board of Pardons and Parole (Act No. 4103)
2. Conditional pardon
Any person who has been granted conditional
pardon shall incur the obligation of complying
strictly with the conditions imposed therein;
otherwise, his non-compliance with any of the
conditions specified shall result in the revocation
of the pardon and the provisions of article 159 [of
the Revised Penal Code] shall be applied to him.
(Act No. 3815, Revised Penal Code (1930), art.
95)
The exemption of an individual, within certain
limits or conditions, from the punishment which
the law inflicts for the offense he had committed
resulting in the partial extinction of his criminal
liability. (Revised Rules and Regulations of the
Board of Pardons and Parole
 Two conditions necessary in prescription of
Pardon Amnesty
penalty:
Includes any crime A blanket pardon to 1. That there be final judgment
and is exercised classes of persons or 2. That the period of time prescribed by law
individually by the communities who may for its enforcement has elapsed.
President; be guilty of political
offenses. Criminal liability partially extinguished:
1. By conditional pardon;
Exercised when the May be exercised 2. By commutation of the sentence; and
person is already even before trial or 3. For good conduct allowances which the
convicted; investigation is had. culprit may earn while he is serving his
sentence.
Looks forward and Looks backward and
relieves the offender abolishes and puts Conditional pardon
from the into oblivion the Refers to the exemption of an individual, within
consequences of an offense itself; it so certain limits or conditions, from the punishment
offense of which he overlooks and which the law inflicts for the offense he had
has been convicted, obliterates the committed resulting in the partial extinction of
that is, it abolishes or offense with which he his criminal liability
forgives the is charged that the
punishment, and for person released by Commutation of sentence
that reason it does amnesty stands before Refers to the reduction of the duration of a prison
"not work the the law precisely as sentence of a prisoner
restoration of the though he had
rights to hold public committed no A change of the decision of the court made by the
office or the right of offense. Chief Executive by reducing the degree of the
suffrage, unless such penalty inflicted upon the convict, or by
rights be expressly decreasing the length of the imprisonment or the
restored by the terms amount of the fine
of the pardon."
The commutation of the original sentence for
Does not extinguish the civil liability of the another of a different length and nature shall
offender. have the legal effect of substituting the latter in
the place of the former.
Being a private act of Being by Proclamation
the President, must of the Chief Executive Good conduct allowances
be pleaded and with the concurrence Allowances for good conduct are deductions from
proved by the person of Congress, is a the term of the sentence for good behavior
pardoned; public act of which
the courts should take Allowance for good conduct
judicial notice The good conduct of any offender qualified for
(Reyes, Revised Penal Code, Book One) credit for preventive imprisonment pursuant to
Article 29 of this Code, or of any convicted
Prescription of crime prisoner in any penal institution, rehabilitation or
Forfeiture or loss of the right of the State to detention center or any other local jail shall
prosecute the offender after the lapse of a entitle him to the following deductions from the
certain time. period of his sentence:

Prescription of the penalty 1. During the first two years of

Loss or forfeiture of the right of the Government imprisonment, he shall be allowed a
to execute the final sentence after the lapse of a deduction of twenty days for each month
certain time. of good behavior during detention;

47
 2. During the third to the fifth year,
inclusive, of his imprisonment, he shall
be allowed a reduction of twenty-three
days for each month of good behavior
during detention;
3. During the following years until the tenth
year, inclusive, of his imprisonment, he
shall be allowed a deduction of
twenty-five days for each month of good
behavior during detention;
4. During the eleventh and successive years
of his imprisonment, he shall be allowed
a deduction of thirty days for each month
of good behavior during detention; and
5. At any time during the period of
imprisonment, he shall be allowed
another deduction of fifteen days, in
addition to numbers one to four hereof,
for each month of study, teaching or
mentoring service time rendered.
((Amendments to Articles 29, 94, 97, 98
and 99 of Act No. 3815 (Revised Penal
Code))
Special time allowance
It is a deduction in the period of the sentence of
a prisoner who, having evaded the service of his
sentence during the calamity or catastrophe
mentioned in Art. 158, gives himself up to the
authorities within 48 hours following the issuance
of a proclamation announcing the passing away of
the calamity or catastrophe, or who chose to stay
in the place of confinement notwithstanding the
existence of the calamity or catastrophe
enumerated in Art. 158. (Article 98, Revised
Penal Code, as Amended, Republic Act No. 10592,
[May 29, 2013])
Who grants time allowances?
The Director of the Bureau of Corrections, the
Chief of the Bureau of Jail Management and
Penology and/or the Warden of a provincial,
district, municipal or city jail shall grant
allowances for good conduct. Such allowances
once granted shall not be revoked.
48
1. Republic Act No. No. 10592 (Amendments
to Articles 29, 94, 97, 98, and 99 of the
RPC)
Article 29. Period of preventive imprisonment
deducted from term of imprisonment. –
Offenders or accused who have undergone
preventive imprisonment shall be credited in
the service of their sentence consisting of
deprivation of liberty, with the full time during
which they have undergone preventive
imprisonment if the detention prisoner agrees
voluntarily in writing after being informed of
the effects thereof and with the assistance of
counsel to abide by the same disciplinary rules
imposed upon convicted prisoners, except in
the following cases:
1. When they are recidivists, or have been
convicted previously twice or more
times of any crime; and
2. When upon being summoned for the
execution of their sentence they have
failed to surrender voluntarily.
If the detention prisoner does not agree to
abide by the same disciplinary rules imposed
upon convicted prisoners, he shall do so in
writing with the assistance of a counsel and
shall be credited in the service of his sentence
with four-fifths of the time during which he has
undergone preventive imprisonment.
Credit for preventive imprisonment for the
penalty of reclusion perpetua shall be
deducted from thirty (30) years.
Whenever an accused has undergone
preventive imprisonment for a period equal to
the possible maximum imprisonment of the
offense charged to which he may be sentenced
and his case is not yet terminated, he shall be
released immediately without prejudice to the
continuation of the trial thereof or the
proceeding on appeal, if the same is under
review. Computation of preventive
imprisonment for purposes of immediate
release under this paragraph shall be the
actual period of detention with good conduct
time allowance: Provided, however, That if the
accused is absent without justifiable cause at
any stage of the trial, the court may motu
proprio order the rearrest of the accused:
Provided, finally, That recidivists, habitual
delinquents, escapees and persons charged
with heinous crimes are excluded from the
coverage of this Act. In case the maximum
penalty to which the accused may be
sentenced is destierro, he shall be released
after thirty (30) days of preventive
imprisonment.
Article 94. Partial extinction of criminal
liability. – Criminal liability is extinguished
partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the
culprit may earn while he is undergoing
preventive imprisonment or serving his
sentence.
Article 97. Allowance for good conduct. – The
good conduct of any offender qualified for
credit for preventive imprisonment pursuant to
Article 29 of this Code, or of any convicted
prisoner in any penal institution, rehabilitation
or detention center or any other local jail shall
entitle him to the following deductions from
the period of his sentence:
1. During the first two years of
imprisonment, he shall be allowed a
deduction of twenty days for each
month of good behavior during
detention;
2. During the third to the fifth year,
inclusive, of his imprisonment, he shall
be allowed a reduction of twenty-three
days for each month of good behavior
during detention;
3. During the following years until the
tenth year, inclusive, of his
imprisonment, he shall be allowed a
deduction of twenty-five days for each
month of good behavior during
detention;
4. During the eleventh and successive
years of his imprisonment, he shall be
allowed a deduction of thirty days for
each month of good behavior during
detention; and
49
5. At any time during the period of
imprisonment, he shall be allowed
another deduction of fifteen days, in
addition to numbers one to four
hereof, for each month of study,
teaching or mentoring service time
rendered.
An appeal by the accused shall not deprive him
of entitlement to the above allowances for
good conduct.
Article 98. Special time allowance for loyalty. –
A deduction of one fifth of the period of his
sentence shall be granted to any prisoner who,
having evaded his preventive imprisonment or
the service of his sentence under the
circumstances mentioned in Article 158 of this
Code, gives himself up to the authorities within
48 hours following the issuance of a
proclamation announcing the passing away of
the calamity or catastrophe referred to in said
article. A deduction of two-fifths 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 in
Article 158 of this Code.
This Article shall apply to any prisoner whether
undergoing preventive imprisonment or serving
sentence.
Article 99. Who grants time allowances. –
Whenever lawfully justified, the Director of the
Bureau of Corrections, the Chief of the Bureau
of Jail Management and Penology and/or the
Warden of a provincial, district, municipal or
city jail shall grant allowances for good
conduct. Such allowances once granted shall
not be revoked.
F. Civil Liability in Criminal Cases
Civil Liability of a Person Guilty of a Felony
(RPC, Article 100) — Every person criminally
liable for a felony is also civilly liable.
Basis of Civil Liability — Dual Character
1. As an offense against the state because of
the disturbance of the social order; and
2. As an offense against the private person
injured by the crime, unless the crime
involves the crime of treason, rebellion,
espionage, contempt and others wherein
no civil liability arises because there are
no damages to be compensated or there
is no private person injured by the crime.
(Occena v. Icamina, G.R. No. 82146)
Damages that may be Recovered in Criminal
Cases
1. Crimes against property — damages
based on the price of the thing and its
special sentimental value to the injured
party may be recovered, if the thing
itself cannot be restored. (RPC, Article
106)
2. Crimes against persons — the injured
party is entitled to be paid for whatever
he spent for the treatment of his wounds,
doctor’s fee, and for medicine, as well as
the salary or wages unearned by him
because of his inability to work due to his
injuries.
3. Temporary or permanent personal
injury — damages may also be recovered
for loss or impairment of earning
capacity.
4. Moral damages — may be recovered in:
a. Criminal offense resulting in
physical injuries;
b. Crimes of seduction, abduction,
rape or other lascivious acts;
c. Adultery or concubinage,
d. Illegal or arbitrary detention or
arrest;
e. Illegal search;
f. Libel, slander, or any other form
of defamation; and
g. Malicious prosecution. (Civil
Code, Article 2219)
5. Exemplary damages — as a part of the
civil liability may be imposed when the
crime was committed with one or more
aggravating circumstances. (CC, Article
2230)
6. Civil liability ex delicto for death
caused by a crime — P100,000.00 where
the penalty imposed is but reduced to
50
reclusion perpetua and to P75,00.00
where the penalty imposed is reclusion
perpetua.
Acquittal in Criminal Case
The extinction of the penal action does not carry
with it extinction of the civil.
However, the civil action based on delict shall be
deemed extinguished if there is finding in a final
judgment in the criminal action that the act or
omission from which the civil liability may arise
did not exist. (Section 2, par. 4, Rule III, Revised
Rules of Criminal Procedure)
Rules of Existence of Civil Liability
1. Acquittal on reasonable doubt — When
the accused in a criminal prosecution is
acquitted on the ground that his guilt has
not been proved beyond reasonable
doubt, a civil action for damages for the
same act or omission may be instituted.
(CC, Article 19)
2. Acquittal from a cause of
non-imputability — Exemption from
criminal liability in favor of an imbecile
or an insane person, and a person under
15 years of age, or one over 15 but under
18 years of age, who has acted without
discernment, and those acting under the
compulsion of irresistible force or under
the impulse of an uncontrollable fear of
an equal or greater injury, does not
include exemption from civil liability.
(CC, Article 101)
3. Acquittal in criminal action for
negligence — does not preclude the
offended party from filing a civil action
to recover damages, based on the new
theory that the act is a quasi-delict. (CC,
Article 2177)
4. Where there is only civil responsibility
— when the court finds and so states in
its judgment that there is only civil
responsibility, and not criminal
responsibility, and that this finding is the
cause of acquittal.
5. In cases of independent civil actions —
found in Articles 31, 32, 33, 34, and 2176
of the Civil Code.
Included in Civil Liability Reparation will be ordered by the court if
1. Restitution; restitution is not possible.
2. Reparation for damages caused; and
3. Indemnification of consequential damages Reparations Include
(RPC, Article 104) 1. Repair of the material damage to the
thing;
2. Value of the thing taken;
Civil Liabilities Pecuniary Liabilities
3. Cost of the thing destroyed; and
Both include (i) the reparation of the damage 4. Sentimental value of the thing lost or
caused, and (ii) indemnification for destroyed.
consequential damages.
Indemnification for Consequential Damage
Includes restitution. Do not include Indemnification shall include not only those
restitution. caused by the injured party, but also those
suffered by his family or by a third person by
Do not include (i) Include (i) fine and reason of the crime.
fine and(ii) the costs (ii) the costs of the
of the proceedings. proceedings.
Indemnity Reparation

Restitution Remedy ordinarily Remedy ordinarily

Must be made whenever possible, with allowance granted to victims of awarded to victims
for any deterioration or diminution of value as crimes against of crimes against
determined by the court. persons. property.

The thing itself should be restored, even though
it be found in the possession of a third person
who has acquired it by lawful means, saving to
the latter his action against the proper person
who may be liable to him. (RPC, Article 105)
GR: Owner of the property illegally taken by the
offender can recover it from whomever is in
possession thereof.
XPN: Law provides exceptions which bar an
action for recovery.
1. Innocent purchaser for value and good
faith of a property covered under Torrens
System; and
2. Where the sale is authorized by the
owner, and his agent sold it at a price
lower than that fixed.
Extinction of Civil Liability (RPC, Article 112)
1. By payment or performance;
2. By the loss of the thing due;
3. By the condonation or remission of the
debt;
4. By the confusion or merger of the rights
of creditor or debtor;
5. By compensation;
6. By novation;
7. Other causes of extinguishment of
obligations — annulment, rescission,
fulfillment of a resolutory condition, and
prescription.

Reparation for the Damage Caused

The court shall determine the amount of damage,
taking into consideration the price of the thing,
whenever possible, and its special sentimental
value to the injured party, and reparation shall be
made accordingly. (RPC, Article 106)

51
 II. CRIMES UNDER THE REVISED PENAL CODE
(REVISED PENAL CODE - BOOK 2)
A. CRIMES AGAINST NATIONAL SECURITY
AND LAWS OF NATIONS (Arts. 114-123)
TITLE 1 - CRIMES AGAINST NATIONAL SECURITY
AND LAWS OF NATIONS
CHAPTER 1: CRIMES AGAINST NATIONAL
SECURITY
SECTION 1: TREASON AND ESPIONAGE
ARTICLE 114. TREASON
Treason
An offense committed by a Filipino citizen who
levies war against the Philippines or adheres to
her enemies, giving them aid or comfort within
the Philippines or elsewhere. (Article 114, Act
No. 3815, Revised Penal Code)
An organized effort, on the part of those who
owe allegiance to a government, to overthrow
their government, and either to establish another
in its place, or to establish a state of lawlessness
and rapine. (United States v. Lagnason, G.R. No.
1582, March 28, 1904)
Elements of Treason
1. Offender is a Filipino citizen or an alien
residing in the PH.
2. There is a war in which the PH is
involved.
3. The offender either —
a. Levies war against the
government or
b. Adheres to the enemies giving
them aid or comfort. (De Lima v.
Guerrero, G.R. No. 229781)
Modes of Committing Treason
1. By levying war against the government
2. By adhering to the enemies of the
Philippines, giving them aid or comfort
(id.)
First Mode — By levying war against the
government
It is not necessary that there be a formal
declaration of the existence of a state of war.
52
The war must be directed against the
government, with intent to overthrow the
government.
Levying of war must be in collaboration with a
foreign enemy, NOT merely a civil uprising
without any intention of helping an external
enemy.
Requisites for Levying War
1. That there be an actual assembling of men,
and (U.S. v. Lagnason, G.R. No. 1582)
2. For the purpose of executing a treasonable
design by force
Second Mode — By adhering to the enemies of
the Philippines, giving them aid or comfort.
1. Adherence to the enemy — means to
betray.
It occurs when a citizen intellectually or
emotionally favors the enemy and harbors
sympathies or convictions disloyal to his country’s
policy or interest.
2. Aid or comfort — means an act that
strengthens or tends to strengthen the
enemy in the conduct of war against
the traitor’s country.
It also means an act that weakens or tends to
weaken the power of the traitor’s country to
resist or to attack the enemy.
It must be a deed or a physical activity, NOT
merely a mental operation.
Requisites for Adhering to Enemies
1. Actual adherence; and
2. Giving aid or comfort to the enemy.
(People v. Prieto, G.R. No. L-399)
Types of Allegiance
1. Permanent allegiance — Consists in the
obligation of fidelity and obedience which
a citizen or subject owes to his
government or sovereign.
2. Temporary allegiance — It is the
obligation of fidelity and obedience which
a resident alien owes to our government.
(Laurel v. Misa, G.R. No. L-409, January
30, 1947)
Is treason a continuous offense? Circumstances Inherent in Treason
Yes. Treason may be committed by executing, 1. Evident premeditation;
either a single, or several intentional overt acts, 2. Abuse of superior strength; and
different or similar but distinct, and for that 3. Treachery (People v. Adlawan, 83 Phil
reason it may be called or considered a 195; People v. Racaza, 82 Phil 623)
continuous offense. A person who commits
treason is not criminally responsible for as many Aggravating Circumstances in Treason
crimes of treason as overt acts he has 1. Ignominy or public shame or disgrace;
intentionally committed to aid the enemy. All 2. Cruelty or barbarous forms of torture
overt acts he has done or might have done for before putting them to death;
that purpose constitute but a single offense 3. Amount or degree of aid; and
(Guinto v. Veluz, G.R. No. L-980) 4. Gravity of separate distinct acts of
treason.
Note: When killings and other common crimes are
charged as overt acts of treason, they cannot be Defenses Against Charge of Treason
regarded as separate crimes or as complexed with 1. Lawful obedience to a de facto
treason. They become identified with the crime government; and
of treason. (People v. Villanueva, G.R. No. 2. Duress or uncontrollable fear
L-9529)
Invalid Defenses against Charge of Treason
Can treason be proved by circumstantial 1. Suspended allegiance;
evidence or by extrajudicial confession of the 2. Change of sovereignty; and
accused? 3. Loss of citizenship by joining the army of
No. The RPC and the Rules of Court do not the enemy. (id.)
authorize the conviction of a person accused of
treason if the evidence against him is
Treason Sedition
circumstantial, however strong or convincing it
may be, or is only an extrajudicial confession. Crime against national Crime against the
(id.) security and the law of fundamental law of
nations. the state.
Ways of Proving Treason — Overt act
1. Testimony of two witnesses, at least, to War crime Internal conflict
the same overt act, or
2. Confession of the accused in open court. Commission is limited Causing public and
(RPC, Article 114) in two ways: tumultuous
1. Levying war; and disturbances in one’s
Two-witness rule 2. Adhering to the country.
It is when the testimony of two witnesses is enemies, giving
required to prove the overt act of giving aid or them aid or
comfort. It is not necessary to prove adherence. comfort.
(People v. Agpangan, G.R. No. L-778, October 10,
1947) The purpose of levying The purpose may be
war is to aid the the following:
It is not required that their testimony be enemy. 1. To prevent the
identical. (People v. Concepcion, G.R. No. L-1553) promulgation or
execution of any
Ways of Proving Treason — Adherence law or the holding
1. One witness; of any popular
2. Nature of the act; or election;
3. Circumstances surrounding the act 2. To prevent the
(People v. Adriano, G.R. No. L-477, JUne government or
30, 1947) any public officer

53
 4. They decide to commit it. (Reyes, The
from
Revised Penal Code, Criminal Law: Book
freely-exercising
Two, Articles 114-367, 2021 Edition, pp.
its or his
22-24)
functions, or
prevent the
Elements of Proposal to Commit Treason
execution of any
1. It was committed in the time of war.
Administrative
2. By a person who has decided to:
Order;
a. Levy war against the government;
3. To inflict any act
or
of hate or
b. Adhere to the enemies and to give
revenge upon the
them aid or comfort.
person or
3. This person proposes its execution to
property of any
some other person or persons. (id.)
public officer or
employee;
GR: Conspiracy and proposal to commit a felony
4. To commit, for
is NOT punishable. (Revised Penal Code, Article 8)
any political or
social end, any
XPN: The mere conspiracy and proposal to
act of hate or
commit treason is a felony. (Revised Penal Code,
revenge against
Article 115)
private persons or
any social classes;
Does the two-witness rule apply to conspiracy
or
or proposal to commit treason?
5. To despoil, for
No. This crime is a distinct and separate offense
any political or
from that of treason. (id.)
social end, any
person,
ARTICLE 116. MISPRISION OF TREASON
municipality, or
province, or the
What is misprision of treason?
National
It is the failure of a citizen to report as soon as
Government of all
possible a conspiracy, which comes to his
of its property or
knowledge, against the government. But there
any part thereof.
must be a war in which the Philippines is
(Reyes, Revised Penal Code, Book Two) involved. (RPC, Article 116)

Elements of Misprision of Treason

ARTICLE 115. CONSPIRACY AND PROPOSAL TO
COMMIT TREASON
Punishable Acts
1) Conspiracy to Commit Treason
2) Proposal to Commit Treason
Elements of Conspiracy to Commit Treason:
1. It is committed in the time of war.
2. By two or more persons.
3. These persons come to an agreement to:
a. Levy war against the government;
or
b. Adhere to the enemies and to give
them aid or comfort.
1. The offender must be owing allegiance to
the Government and is not a foreigner;
2. He has knowledge of any conspiracy to
commit treason against the Government.
3. He conceals or does not disclose and
make known the same as soon as possible
to the:
a. Governor or fiscal of the province
in which he resides or
b. Mayor or fiscal of the city in
which he resides. (RPC, Article
116)

54
Penalty for Misprision of Treason
The offender in imprisonment for treason is
“punished as an accessory to the crime of
treason.”
Article 116 does not provide for a penalty. Hence,
the penalty for misprision of treason is two
degrees lower than that provided for treason.
Note: Article 116 is an exception to the rule that
mere silence does not make a person criminally
liable.
ARTICLE 117. ESPIONAGE
What is espionage?
This is the offense of gathering, transmitting, or
losing information respecting the national
defense with intent or reason to believe that the
information is to be used to the injury of the
Republic of the Philippines or to the advantage of
any foreign nation. (Reyes, The Revised Penal
Code, Criminal Law: Book Two, Articles 114-367,
2021 Edition, pp. 24-30)
Ways of Committing Espionage
1. By entering a warship, fort, or naval or
military establishment or reservation to
obtain any information, plans,
photographs, or other data of a
confidential nature relative to the
defense of the Philippine Archipelago.
2. By disclosing to the representative of a
foreign nation the contents of the
articles, data, or information referred to
in Article 117(1) which he had in his
possession by reason of the public office
he holds. (id.)
Elements of First Act:
1. The offender enters any of the places
mentioned therein:
a. Warship;
b. Fort; or
c. Military or naval establishment or
reservation.
2. He has no authority therefore; and
3. The purpose is to obtain information,
plans, photographs, or other data of a
confidential nature relative to the
defense of the Philippines. (id.)
55
Elements of Second Act:
1. The offender is a public officer
2. He has in his possession the articles,
data, or information referred to in Article
117(1), by reason of the public office he
holds.
3. He discloses their contents to a
representative of a foreign nation. (id.)
Persons Liable of Committing Espionage
1. First act — persons liable or the offender
is any person, whether a citizen or a
foreigner, a private individual or a public
officer.
When the offender is a public officer or
employee, the penalty next higher in
degree shall be imposed.
2. Second act — the offender must be a
public officer who has in his possession
the article, data, or information by
reason of the public office he holds. (id.)
Treason Espionage
Not conditioned on citizenship of the offender.
Committed only in May be committed in
times of war. time of peace and war.
Limited in two ways: Committed in many
1. Levying war; and ways.
2. Adhering to the
enemy, giving aid
or comfort.
(See Revised Penal Code Articles 114 and 117)
ARTICLE 118. INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
What is the crime of inciting to war or giving
motives for reprisals?
This is the unlawful or unauthorized act(s) of an
individual which provokes or gives occasion for a
war involving or liable to involve the Philippines
or expose Filipinos to reprisals on their persons or
property. (RPC, Article 118)
Elements of Inciting to War or Giving Motives
for Reprisals
1. The offender performs unlawful or
unauthorized acts.
2. Such acts:
a. Provoke or give occasion for a war
involving or liable to involve the
Philippines; or
b. Expose Filipino citizens to reprisals
on their persons or property. (Id.)
When is the crime committed?
The crime is committed only in times of peace.
This can be impliedly derived from the proviso in
Article 118 which states that “provokes or gives
occasion to war”
○ Necessarily, there should not be
any war yet.
Penalty for Offense
If the offender is a private individual, the penalty
is prision mayor.
If the offender is a public officer or employee,
the penalty is reclusion temporal. (Id.)
ARTICLE 119. VIOLATION OF NEUTRALITY
Neutrality
Neutrality is when a nation or power takes no
part in a contest of arms going on between
others. (Reyes, The Revised Penal Code, Criminal
Law: Book Two, Articles 114-367, 2021 Edition
citing Burril, L.D.)
Elements of Violation of Neutrality
1. There is a war in which the Philippines is
NOT involved.
2. There is a regulation issued by a
competent authority for the purpose of
enforcing neutrality.
3. The offender violates such regulation.
(RPC, Article 120)
ARTICLE 120. CORRESPONDENCE WITH HOSTILE
COUNTRY
Correspondence
Communication by means of letter or to the
letters which pass between those who have
friendly or business relations. (Reyes, The Revised
56
Penal Code, Criminal Law: Book Two, Articles
114-367, 2021 Edition, pp. 32-34)
Elements of Correspondence with Hostile
Country
1. It is in time of war in which the
Philippines is involved.
2. The offender makes correspondence with
an enemy country or a territory occupied
by enemy troops.
3. The correspondence is prohibited by the
government. (Revised Penal Code, Article
120)
Qualifying Circumstances:
1. The correspondence is carried in ciphers
or conventional signs;
2. If notice or information be given thereby
which might be useful to the enemy; or
3. If the offender intended to aid the enemy
by giving such notice or information, he
shall suffer the penalty of reclusion
temporal to death. (Id.)
ARTICLE 121. FLIGHT TO ENEMY’S COUNTRY
Flight to enemy’s country
When any person who, owing allegiance to the
Government, attempts to flee or go to an enemy
country when prohibited by competent authority.
(Revised Penal Code, Article 121)
Punishable Acts:
1. When any person who, owing allegiance
to the Government attempts to flee when
prohibited by competent authority.
2. When any person who, owing allegiance
to the Government, goes to an enemy
country when prohibited by competent
authority.
Elements of Flight to Enemy Country
1. There is a war in which the Philippines is
involved.
2. The offender must be owing allegiance to
the Philippines.
3. The offense attempts to flee or goes to
enemy country
4. That going to the enemy country is
prohibited by competent authority. (Id.)
ARTICLE 122. PIRACY IN GENERAL AND MUTINY Criminal Law: Book Two, Articles 114-367, 2021
ON HIGH SEAS OR IN PHILIPPINE WATERS Edition citing Bouvier’s Law Dictionary)

Piracy Under Article 122, the penalty for piracy is the

When any person who, on the high seas, shall same for mutiny on the high seas or in Philippine
attack or seize a vessel or, not being a member of waters. (Revised Penal Code, Article 122)
its complement nor a passenger, shall seize the
whole or part of the cargo of said vessel, its
Piracy Mutiny
equipment, or personal belongings of its
complement or passengers. (Revised Penal Code, The persons who The offenders are
Article 122) attack a vessel or seize members of the crew
its cargo are strangers or passengers
“High seas” to said vessels.
Parts of the sea that are NOT included in the
exclusive economic zone, in the territorial sea, or Intent to gain is Offenders may only
in the internal waters of a state, or in the essential. intend to ignore the
archipelagic state. (Convention on the Law of the ship’s officers or may
Sea, Article 86) be prompted by a
desire to commit
Two Modes of Committing Piracy plunder.
1. By attacking or seizing a vessel on the
high seas or in Philippines waters The attack is from the The attack is from the
2. By seizing in the vessel while on the high outside. inside.
seas or in Philippines waters the whole or
(Reyes, The Revised Penal Code, Criminal Law:
part of its cargo, its equipment or
Book Two, Articles 114-367, 2021 Edition, pp.
personal belongings of its complement or
35-37)
passengers. (Revised Penal Code, Article
122)
Who may commit piracy under P.D. 532?
Piracy may be committed even by a passenger or
Elements of the First Mode
member of the complement of the vessel, under
1. The vessel is on the high seas or in
P.D. 532. (id.)
Philippines waters,
2. The offender is any person, and
3. The offender shall attack or seize the Rule on jurisdiction
vessel. (Id.)
Piracy in high seas Piracy in internal
Elements of the Second Mode waters
1. The vessel is on the high seas or in
Jurisdiction of any Jurisdiction of
Philippines waters,
court where Philippine courts
2. The offender is not a member of its
offenders are found
complement or a passenger of the vessel,
or arrested
and
3. The offender seizes the whole or part of
its cargo, its equipment or personal (Reyes, Revised Penal Code, Book Two)
belongings of its complement or
passengers. (Id.) ARTICLE 123. QUALIFIED PIRACY

Mutiny Circumstances that Qualify Piracy or Mutiny on

It is the unlawful resistance to a superior officer, the High Seas:
or the raising of commotions and disturbances on 1. Whenever the offenders have seized the
board a ship against the authority of its vessel by boarding or firing upon the
commander. (Reyes, The Revised Penal Code, same;

57
 2. Whenever the pirates have abandoned
her victims without means of saving
themselves; or
3. Whenever the crime is accompanied bY:
a. Murder;
b. Homicide;
c. Physical injuries; or
d. Rape. (Revised Penal Code, Article
123)
Cargo is off-loaded outside the Philippines
In People v. Tulin, the Court ruled that the attack
on and seizure of the ship and its cargo were
committed in Philippine waters, but the captive
vessel was later brought by the pirates to
Singapore.
Although Presidential Decree No. 532 requires
that the attack and seizure of the vessel and
cargo be committed in Philippine waters, the
disposition by the pirates of the vessel and its
cargo is still deemed part of the act of piracy.
Hence, the same need not be committed in the
Philippines. (People v. Tulin, G.R. No. 111709,
[August 30, 2001], 416 PHIL 365-394)
SPECIAL PENAL LAWS
1. Anti-Piracy and Anti-Highway Robbery
Law of 1974, Presidential Decree No.
532, [August 8, 1974]
a. Definition of Terms [Sec. 2]
i. Philippine Waters — It shall refer to all
bodies of water, such as but not limited
to, seas, gulfs, bays around, between
and connecting each of the Islands of
the Philippine Archipelago, irrespective
of its depth, breadth, length or
dimension, and all other waters
belonging to the Philippines by historic
or legal title, including territorial sea,
the sea-bed, the insular shelves, and
other submarine areas over which the
Philippines has sovereignty or
jurisdiction.
ii. Vessel — Any vessel or watercraft used
for transport of passengers and cargo
from one place to another through
Philippine Waters. It shall include all
58
kinds and types of vessels or boats used
in fishing.
iii. Philippine Highway — It shall refer to
any road, street, passage, highway and
bridges or other parts thereof, or
railway or railroad within the
Philippines used by persons, or vehicles,
or locomotives or trains for the
movement or circulation of persons or
transportation of goods, articles, or
property or both.
iv. Piracy — Any attack upon or seizure of
any vessel, or the taking away of the
whole or part thereof or its cargo,
equipment, or the personal belongings
of its complement or passengers,
irrespective of the value thereof, by
means of violence against or
intimidation of persons or force upon
things, committed by any person,
including a passenger or member of the
complement of said vessel, in Philippine
waters, shall be considered as piracy.
The offenders shall be considered as
pirates and punished as hereinafter
provided.
v. Highway Robbery/Brigandage — The
seizure of any person for ransom,
extortion or other unlawful purposes,
or the taking away of the property of
another by means of violence against or
intimidation of person or force upon
things of other unlawful means,
committed by any person on any
Philippine Highway. (Section 2, PD 532)
b. Punishable Acts [Sec. 4]
Any person who:
1. Knowingly and in any manner aids or protects
pirates or highway robbers/brigands, such as
giving them information about the movement
of police or other peace officers of the
government, or
2. Acquires or receives property taken by such
pirates or brigands or in any manner derives
any benefit therefrom; or
3. Any person who directly or indirectly abets
the commission of piracy or highway robbery
or brigandage, shall be considered as an
accomplice of the principal offenders and be
 punished in accordance with the Rules
prescribed by the Revised Penal Code.
It shall be presumed that any person who does
any of the acts provided in this Section has
performed knowingly, unless the contrary is
proven. (Section 2, PD 532)
2. The Anti-Terrorism Act of 2020,
Republic Act No. 11479, [July 3,
2020], See ATA ruling in Calleja v.
Executive Secretary, G.R. No. 252578,
et al.)
a. Punishable Acts of Terrorism [Secs. 4-12]

Piracy under the RPC and Piracy under P.D. 532

Summary of Punishable Acts under RA 11479:
Piracy under the RPC Piracy under P.D. 532 1) Terrorism
2) Threat to Commit Terrorism
The vessel is in The vessel is in 3) Planning, Training, Preparing, and
Philippine waters or Philippine waters. facilitating the Commission of Terrorism
high seas. 4) Conspiracy to Commit Terrorism.
5) Proposal to Commit Terrorism.
The offender is any The offender is any
6) Inciting to Commit Terrorism
person who shall seize person.
7) Recruitment to and Membership in a
cargo, equipment, or
Terrorist Organization.
personal belongings,
8) Foreign Terrorist.
and who is not a crew
9) Providing Material Support to Terrorists.
member or
complement.
1) How is terrorism committed?
Piracy is committed by Piracy is committed Terrorism is committed by any person who, within
attacking or seizing the same way. or outside the Philippines, regardless of the stage
the vessel or by taking of execution:
away the whole or part (a) Engages in acts intended to cause
thereof or its cargo death or serious bodily injury to any
equipment, or person, or endangers a person's life;
personal belongings of (b) Engages in acts intended to cause
its complement or extensive damage or destruction to a
passengers. government or public facility, public
place or private property;
Penalty for simple Penalty for simple (c) Engages in acts intended to cause
piracy is reclusion piracy is reclusion extensive interference with, damage
perpetua. temporal except when or destruction to critical
physical injuries or infrastructure;
other crimes are (d) Develops, manufactures, possesses,
committed, which is acquires, transports, supplies or uses
penalized by reclusion weapons, explosives or of biological,
perpetua. nuclear, radiological or chemical
weapons; and
Penalty for qualified Penalty for qualified (e) Release of dangerous substances, or
piracy is reclusion piracy is reclusion causing fire, floods or explosions.
perpetua. perpetua. (Section 4, RA 11479)
(See Revised Penal Code, Articles 122-123 and PD
532) What constitutes the crime of terrorism?
When the purpose of such act, by its nature and
context, is to intimidate the general public or a
segment thereof, create an atmosphere or spread
a message of fear, to provoke or influence by
intimidation the government or any international

59
organization, or seriously destabilize or destroy
the fundamental political, economic, or social
structures of the country, or create a public
emergency or seriously undermine public safety,
shall be guilty of committing terrorism and shall
suffer the penalty of life imprisonment without
the benefit of parole and the benefits of Republic
Act No. 10592, otherwise known as "An Act
Amending Articles 29, 94, 97, 98 and 99 of Act
No. 3815, as amended, otherwise known as the
Revised Penal Code".
Provided, That, terrorism as defined in this
section shall not include advocacy, protest,
dissent, stoppage of work, industrial or mass
action, and other similar exercises of civil and
political rights.
Note: The Court in Calleja v. Executive Secretary,
G.R. No. 252578, et al., struck out the “Not
intended Clause” for being void for vagueness as
it has a chilling effect on the average person.
Before the protester can speak, he must first
guess whether his speech would be interpreted as
a terrorist act under Section 4 and whether he
might be arrested, indicted, and/or detained for
it.
2) Threat to Commit Terrorism
Any person who shall threaten to commit any of
the acts mentioned in Section 4 hereof shall
suffer the penalty of imprisonment of twelve (12)
years. (Section 5, RA 11479)
3) Planning, Training, Preparing, and
facilitating the Commission of Terrorism
It shall be unlawful for any person to participate
in the planning, training, preparation and
facilitation in the commission of terrorism,
possessing objects connected with the
preparation for the commission of terrorism, or
collecting or making documents connected with
the preparation of terrorism. (Section 6, RA
11479)
Penalty for persons guilty of planning, training,
preparing, and facilitating the commission of
terrorism
Any person found guilty of planning, training,
preparing, and facilitating the commission of
terrorism shall suffer the penalty of life
60
imprisonment without the benefit of parole and
the benefits of Republic Act No. 10592. (Id.)
4) Conspiracy to commit terrorism
There is conspiracy when two (2) or more persons
come to an agreement concerning the commission
of terrorism as defined in Section 4 hereof and
decide to commit the same. (Section 7, RA 11479)
Penalty for Conspiracy to Commit Terrorism
Any conspiracy to commit terrorism as defined
and penalized under Section 4 of RA 11479 shall
suffer the penalty of life imprisonment without
the benefit of parole and the benefit of Republic
Act No. 10592. (Id.)
5) Proposal to commit terrorism
Any person who proposes to commit terrorism as
defined in Section 4 of RA 11479 shall suffer the
penalty of imprisonment of twelve (12) years.
(Section 8, RA 11479)
6) Inciting to commit terrorism
Any person who without taking any direct part in
the commission of terrorism, shall include others
to the execution of any of the acts specified in
Section 4 of RA 11479 by means of speeches,
proclamations, writings, emblems, banners or
other representations tending to the same end.
(Section 9, RA 11479)
Penalty for the crime inciting to commit
terrorsim
Penalty of imprisonment of twelve (12) years.
(Id.)
7) Recruitment to and membership in a
terrorist organization
Any person who shall recruit another to
participate in, join, commit or support terrorism
or a terrorist individual or any terrorist
organization, association or group of persons
proscribed under Section 26 of RA 11479, or
designated by the United Nations Security Council
as a terrorist organization, or organized for the
purpose of engaging in terrorism, shall suffer the
penalty of life imprisonment without the benefit
of parole and the benefits of Republic Act No.
10592. (Section 10, RA 11479)
Note: The same penalty shall be imposed on any
person who organizes or facilitates the travel of
individuals to a state other than their state of
residence or nationality for the purpose of
recruitment which may be committed through
any of the following means:
(a) Recruiting another person to serve in any
capacity in or with an armed force in a
foreign state, whether the armed force forms
part of the armed forces of the government
of that foreign state or otherwise;
(b) Publishing an advertisement or propaganda
for the purpose of recruiting persons to serve
in any capacity in or with such armed force;
(c) Publishing an advertisement or propaganda
containing any information relating to the
place at which or the manner in which
persons may make applications to serve or
obtain information relating to service in any
capacity in or with such armed force or
relating to the manner in which persons may
travel to a foreign state for the purpose of
serving in any capacity in or with such armed
force; or
(d) Performing any other act with intention of
facilitating or promoting the recruitment of
persons to serve in any capacity in or with
such armed force.
Note: Any person who shall voluntarily and
knowingly join any organization, association or
group of persons knowing that such organization,
association or group of persons is proscribed
under Section 26 of of RA 11479, or designated by
the United Nations Security Council as a terrorist
organization, or organized for the purpose of
engaging in terrorism, shall suffer the penalty of
imprisonment of twelve (12) years.
8) Foreign Terrorists
The following acts are unlawful and shall suffer
the penalty of life imprisonment without the
benefit of parole and the benefits of Republic Act
No. 10592:
(a) For any person to travel or attempt
to travel to a state other than his/her
state of residence or nationality for
the purpose of perpetrating,
planning, or preparing for, or
participating in terrorism, or
providing or receiving terrorist
training;
(b) For any person to organize or
facilitate the travel of individuals
who travel to a state other than their
61
states of residence or nationality
knowing that such travel is for the
purpose of perpetrating, planning,
training, or preparing for, or
participating in terrorism or providing
or receiving terrorist training; or
(c) For any person residing abroad who
comes to the Philippines to
participate in perpetrating, planning,
training, or preparing for, or
participating in terrorism or provide
support for or facilitate or receive
terrorist training here or abroad.
(Section 11, RA 11479)
9) Providing Material Support to Terrorists
Any person who provides material support to any
terrorist individual or terrorist organization,
association or group of persons committing any of
the acts punishable under Section 4 of RA 11479,
knowing that such individual or organization,
association, or group of persons is committing or
planning to commit such acts, shall be liable as
principal to any and all terrorist activities
committed by said individuals or organizations, in
addition to other criminal liabilities he/she or
they may have incurred in relation thereto.
(Section 12, RA 11479)
b. Who are Liable [Secs. 3 (l) & (m), 14]
Persons liable under RA 11479:
1) Terrorist Individual — Any natural person
who commits any of the acts defined and
penalized under Sections 4, 5, 6, 7, 8, 9, 10,
11, and 12 of RA 11479; (Section 3(l), RA
11479)
2) Terrorist Organization, Association or Group
of Persons — Any entity organized for the
purpose of engaging in terrorism, or those
proscribe under Section 26 hereof of the
United Nations Security Council-designated
terrorist organization; (Section 3(m), RA
11479) and
3) Accessories — Any person who having
knowledge of the commission of any of the
crimes defined and penalized under Section 4
of this Act, without having participated
therein, takes part subsequent to its
commission in any of the following manner:
(a) by profiting himself/herself or assisting
the offender to profit by the effects of the
 crime; (b) by concealing or destroying the
body of the crime, or the effects, or
instruments thereof, in order to prevent its
discovery; or (c) by harboring, concealing, or
assisting in the escape of the principal or
conspirator of the crime, shall be liable as an
accessory and shall suffer the penalty of
imprisonment of twelve (12) years. (Section
14, RA 11479)
c. Surveillance of Suspects and Interception
and Recording of Communications [Sec. 16]
The provisions of Republic Act No. 4200,
otherwise known as the "Anti-Wire Tapping
Law" to the contrary notwithstanding, a law
enforcement agent or military personnel may,
upon a written order of the Court of Appeals
secretly wiretap, overhear and listen to,
intercept, screen, read, survey, record or collect,
with the use of any mode, form, kind or type of
electronic, mechanical or other equipment or
device or technology now known or may hereafter
be known to science or with the use of any other
suitable ways and means for the above purposes,
any private communications, conversation,
discussion/s, data, information, messages in
whatever form, kind or nature, spoken or written
words:
(1) between members of a judicially declared
and outlawed terrorist organization, as
provided in Section 26 of this Act;
(2) between members of a designated person
as defined in Section 3(e) of Republic Act
No. 10168; or
(3) any person charged with or suspected of
committing any of the crimes defined and
penalized under the provisions of this
Act: Provided, That, surveillance,
interception and recording of
communications between lawyers and
clients, doctors and patients, journalists
and their sources and confidential
business correspondence shall not be
authorized.
The law enforcement agent or military
personnel shall likewise be obligated to:
(1) file an ex-parte application with the
Court of Appeals for the issuance of an
order, to compel telecommunications
service providers (TSP) and internet
62
service providers (ISP) to produce all
customer information and identification
records as well as call and text data
records, content and other cellular or
internet metadata of any person
suspected of any of the crimes defined
and penalized under the provisions of this
Act; and
(2) furnish the National Telecommunications
Commission (NTC) a copy of said
application. The NTC shall likewise be
notified upon the issuance of the order
for the purpose of ensuring immediate
compliance. (Section 16, RA 11479)
d. Detention Without Judicial Warrant [Sec.
29]
The provisions of Article 125 of the revised Penal
Code to the contrary notwithstanding, any law
enforcement agent or military personnel, who,
having been duly authorized in writing by the ATC
has taken custody of a person suspected of
committing any of the acts defined and penalized
under Sections 4, 5, 6, 7, 8, 9, 10, 11 and 12 of
this Act, shall, without incurring any criminal
liability for delay in the delivery of detained
persons to the proper judicial authorities, deliver
said suspected person to the proper judicial
authority within a period of fourteen (14)
calendar days counted from the moment the said
suspected person has been apprehended or
arrested, detained, and taken into custody by the
law enforcement agent or military personnel. The
period of detention may be extended to a
maximum period of (10) calendar days if it is
established that:
(1) Further detention of the person/s is
necessary to preserve evidence related to
terrorism or complete the investigation;
(2) Further detention of the person/s is
necessary to prevent the commission of
another terrorism; and
(3) The investigation is being conducted
properly and without delay.
Immediately after taking custody of a person
suspected of committing terrorism or any
member of a group of persons, organization or
association proscribed under Section 26 hereof,
the law enforcement agent or military personnel
shall notify in writing the judge of the court
nearest the place of apprehension or arrest of the
following facts:
(1) the time, date, and manner of arrest;
(2) the location or locations of the detained
suspect/s and
(3) the physical and mental condition of the
detained suspect/s.
The law enforcement agent or military personnel
shall likewise furnish the ATC and the Commission
on Human Rights (CHR) of the written notice
given to the judge.
The head of the detaining facility shall ensure
that the detained suspect is informed of his/her
rights as a detainee and shall ensure access to
the detainee by his/her counsel or agencies and
entities authorized by law to exercise visitorial
powers over detention facilities.
The penalty of imprisonment of ten (10) years
shall be imposed upon the police or law
enforcement agent or military personnel who fails
to notify any judge as provided in the preceding
paragraph. (Section 29, RA 11479)
Note: Article 125 of the Revised Penal Code is
delay in the delivery of detained persons to the
proper judicial authorities.
e. No Torture or Coercion in Investigation and
Interrogation [Sec. 33]
The use of torture and other cruel, inhumane and
degrading treatment or punishment, as defined in
Sections 4 and 5 of Republic Act no. 9745
otherwise known as the "Anti-Torture Act of
2009," at any time during the investigation or
interrogation of a detained suspected terrorist is
absolutely prohibited and shall be penalized
under said law.
Any evidence obtained from said detained person
resulting from such treatment shall be, in its
entirely, inadmissible and cannot be used as
evidence in any judicial, quasi-judicial,
legislative, or administrative investigation,
inquiry, proceeding, or hearing. (Section 33, RA
11479)
63
B. CRIMES AGAINST THE FUNDAMENTAL
LAWS OF THE STATE (Arts. 124-133)
ARTICLE 124. ARBITRARY DETENTION
How is the crime of arbitrary detention
committed?
Arbitrary Detention is committed by a public
officer who, without legal grounds, detains a
person. (Milo v. Salanga, G.R. No. L-37007, [July
20, 1987], 236 PHIL 121-130)
Detention
Refers not only to the placing of a person in an
enclosure which he cannot leave, but also to any
other deprivation of liberty. (People v. Santos,
G.R. No. 117873, December 22, 1997, citing
Aquino, The Revised Penal Code, 1988 ed., Vol.
III, pp. 1-2)
When is there detention?
A person is detained when he is placed in
confinement or there is a restraint on his person.
Detention need not involve any physical restraint.
Psychological restraint is sufficient. If the acts
and actuations of the accused can produce such
fear in the mind of the victim sufficient to
paralyze the latter, to the extent that the victim
is compelled to limit his own actions and
movements in accordance with the wishes of the
accused, then the victim is, for all intents and
purposes, detained against his will (Astorga vs.
People, G. R. No. 154130 Oct. 1, 2003).
Elements of Arbitrary Detention
1. That the offender is a public officer or
employee.
Note: If the offender is a private individual, then
the crime is either serious or slight illegal
detention, since Articles 267 and 268 of the
Revised Code expressly mentions “private
individuals”.
2. That he detains a person.
3. That the detention is without legal
grounds. (Milo v. Salanga, G.R. No.
L-37007, [July 20, 1987], 236 PHIL
121-130)
Legal Grounds for Detention Chief of Police, G.R. No. L-2128, [May 12, 1948],
The commission of a crime, or violent insanity or 80 PHIL 859-921)
any other ailment requiring the compulsory
confinement of the patient in the hospital, shall Elements of delay in the delivery of detained
be considered legal grounds for the detention of persons to proper judicial authorities
any person. (Revised Penal Code, Article 124) 1. The offender is a public officer or
employee;
Lawful Warrantless Arrest
1. In flagrante delicto — When, in his presence, Note: If the offender is a private individual, then
the person to be arrested has committed, is the crime is either serious or slight illegal
actually committing, or is attempting to detention, since Articles 267 and 268 of the
commit an offense; Revised Code expressly mentions “private
individuals”.
Note: “In his presence” – When the officer sees
the offense being committed, although at a 2. He has detained a person for some legal
distance, or hears the disturbance created ground (Sec. 5, Rule 113, Rules of Court);
thereby and proceeds at once to the scene 3. He fails to deliver such person to the
thereof, or when the offense is continuing or has proper judicial authorities within:
not been consummated at the time the arrest is a. 12 hours for offenses punishable
made, the offense is said to be committed in his by light penalties or their
presence. (U.S. vs. Samonte, 16 Phil 516) equivalent.
b. 18 hours for offenses punishable
2. Hot pursuit — When an offense has in fact by correctional penalties or their
just been committed, and he has probable equivalent.
cause to believe based on personal knowledge c. 36 hours for offenses punishable
of facts and circumstances that the person to by afflictive penalties or their
be arrested has committed it; equivalent. (Revised Penal Code,
3. Escapee — When the person to be arrested is Article 125, as amended by E.O.
a prisoner, has escaped from a penal Nos. 59 and 272)
establishment, or place where he is serving
final judgment or temporarily confined while Art. 124 Art. 125
his case is pending, or has escaped while
being transferred from one confinement to The detention is The detention is
another. (Sec. 5, Rule 113, Revised Rules of without any legal based on some legal
Criminal Procedure) ground. (Revised ground, but said
Penal Code, Article detention becomes
ARTICLE 125. DELAY IN THE DELIVERY OF 124) illegal because of
DETAINED PERSONS TO THE PROPER delay in the delivery
JUDICIAL AUTHORITIES of detained persons
to proper judicial
“Delivery to proper judicial authorities” authorities (Revised
The surrender or delivery to the judicial authority Penal Code, 125)
of a person arrested without warrant by a peace
officer, does not consist in a physical delivery,
but in making an accusation or charge or filing Rights of person when detained:
of an information against the person arrested 1) Informed of the cause of his detention
with the corresponding court or judge, whereby and
the latter acquires jurisdiction to issue an order 2) Allowed upon his request, to
of release or of commitment of the prisoner, communicate and confer at any time with
because the arresting officer can not transfer to his attorney or counsel. (Revised Penal
the judge and the latter does not assume the Code, Article 125 [par. 2])
physical custody of the person arrested. (Sayo v.

64
ARTICLE 126. DELAYING RELEASE
Acts Punishable
1. The delaying by a public officer or his
employee for the period of time specified
therein the performance of any judicial
or executive order for the release of a
prisoner or detention prisoner, or
2. The unduly delaying by a public officer or
his employee of the service of the notice
of such order to said prisoner or the
proceedings upon any petition for the
liberation of such person. (Revised Penal
Code, Article 126)
Elements of Delaying Release
1. The offender is a public officer or
employee;
2. 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. The offender without good reason delays
either:
a. The service of the notice of such
order to the prisoner;
b. The performance of such judicial
or executive order for the release
of the prisoner; or
c. The proceedings upon a petition
for the release of such person.
(Id.)
ARTICLE 127. EXPULSION
Acts Punishable
1. Expelling, by a public officer or his
employee who is not authorized to do so,
a person from the Philippine Islands; and
2. Compelling, by a public officer or his
employee who is not authorized to do so,
a person to change his residence.
(Revised Penal Code, Article 127)
Elements of Expulsion
1. The offender is a public officer or
employee;
2. He expels any person from the
Philippines, or compels a person to
change his residence;
65
3. The offender is not authorized to do so
by law. (id.)
ARTICLE 128. VIOLATION OF DOMICILE
“Public officer or employee authorized by
judicial order”
The judicial order here refers to the search
warrant because a 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. (Revised Rules on Criminal
Procedure, A.M. No. 00-5-03-SC, October 3, 2000,
sec. 1, rule 126)
Acts Punishable
1. By entering any dwelling against the will
of the owner thereof;
2. By searching papers or other effects
found therein without the previous
consent of such owner; and
3. By refusing to leave the premises, after
having surreptitiously entered said
dwelling and after having been required
to leave the same. (Revised Penal Code,
Article 128 [par. 1])
Elements of Violation of Domicile
1. The offender is public officer or
employee;
2. He is not authorized by judicial order to
do the following acts:
a. Entering any dwelling against the
will of the owner thereof;
b. Searching papers or other effects
found therein without the
previous consent of such owner;
or
c. Refusing to leave the premises,
after having surreptitiously
entered said dwelling and after
having been required to leave the
same. (Id.)
Note: There are valid warrantless searches and
seizure which are considered as Constitutional
permissible as discussed by various jurisprudence.
Thus, said searches and seizures are valid under
the specific circumstances provided by the
various jurisprudence. In effect, the officer
cannot be held liable under Article 128 of the
Revised Penal Code.
Circumstances that Qualify Violation of
Domicile
1. If committed at nighttime; or
2. If any papers or effects, not constituting
evidence of a crime are not returned
immediately after a search is made by
the offender. (Revised Penal Code, Article
128 [par. 2])
ARTICLE 129. SEARCH WARRANTS MALICIOUSLY
OBTAINED AND ABUSE IN THE SERVICE OF
THOSE LEGALLY OBTAINED
Acts Punishable
1. The procuring a search warrant, by a
public officer or employee, without just
cause; and
2. The exceeding, by a public officer or
employee who has legally procured a
search warrant, of his authority or by
using unnecessary severity in executing
said warrant. (Revised Penal Code, Article
128)
Elements of First Act
1. The offender is a public officer or
employee;
2. Who procures a search warrant;
3. Without just cause. (id.)
Elements of Second Act
1. The offender is a public officer or
employee;
2. Who legally procured a search warrant;
3. But he:
a. Exceeds his authority or
b. Uses unnecessary severity in
executing said warrant. (id.)
Search warrant
It is an order in writing issued in the name of the
People of the Philippines, signed by the judge and
directed to a peace officer, commanding him to
search for personal property described therein
and bring it before the court. (Revised Rules on
Criminal Procedure, A.M. No. 00-5-03-SC, October
3, 2000, sec. 1, rule 126)
66
Requisites of Issuing Search Warrant
1. A search warrant shall not issue except
upon probable cause in connection with
one specific offense;
2. To be determined personally by the
judge;
3. After examination under oath or
affirmation of the complainant and the
witnesses he may produce; and
4. Particularly describing the place to be
searched and the things to be seized
which may be anywhere in the
Philippines. (Sec. 4, Rule 126, Revised
Rules of Criminal Procedure)
Probable cause
Facts and circumstances which would lead a
reasonably discreet and prudent man to believe
that an offense has been committed and that the
object sought in connection with the offense are
in the place sought to be searched. (Burgos v.
Chief of Staff, 133 SCRA 800)
Test for Lack of Just Cause
Whether the affidavit filed in support of the
application for search warrant has been drawn in
such a manner that perjury could be charged
thereon and affiant can be held liable for
damages caused. (id.)
ARTICLE 130. SEARCHING DOMICILE WITHOUT
WITNESSES
Elements of Searching Domicile Without
Witnesses
1. The offender is a public officer or
employee;
2. Who searches the domicile, papers or
other belongings of any person;
3. Being armed with a warrant;
4. However, none of these people were
present during the search and seizure:
a. The owner of said papers or other
belongings, or
b. Any member of his family or
c. Two witnesses residing in the
same locality (Revised Penal
Code, Article 130)
 ceremonies or manifestations of any
Art. 128 Art. 130
religion. (Revised Penal Code, Art. 132)
The public officer or The public officer or
employee is not employee is armed Qualifying circumstance
armed with judicial with a search Said crime is committed with violence or threats.
order (i.e., search warrant. (Revised (Id.)
warrant) (Revised Penal Code, Article
Penal Code, Article 130) Elements of Interruption of Religious Worship
128). 1. The offender is a public officer or
employee.
2. Religious ceremonies or manifestations of
Tariff and Customs Code any religion are about to take place or
The Supreme Court explained that persons having are going on.
police authority under Section 2203 of the Tariff 3. The offender prevents or disturbs the
and Customs Code may search land, inclosure, same. (Id.)
warehouse, store or building without a warrant,
except for a dwelling house. (People v Mago, 22 ARTICLE 133. OFFENDING THE RELIGIOUS
SCRA 857) FEELINGS

ARTICLE 131. PROHIBITION, INTERRUPTION, Act Punishable

AND DISSOLUTION OF PEACEFUL MEETINGS
Acts Punishable
1. The prohibiting or interrupting, by a
public officer or employee, without legal
ground, the holding of a peaceful
meeting, or by dissolving the same.
2. The hindering, by a public officer or
employee, of any person from joining any
lawful association or from attending any
of its meetings.
3. The prohibiting or hindering of any
person, by a public officer or employee,
from addressing, either alone or together
with others, any petition to the
authorities for the correction of abuses or
redress of grievances. (Revised Penal
Code, Art. 131)
Anyone who, in a place devoted to religious
worship or during the celebration of any religious
ceremony, shall perform acts notoriously
offensive to the feelings of the faithful. (Revised
Penal Code, Article 133)
Elements of Offending Religious Feelings
1. That the acts complained of were
performed:
a. In a place devoted to religious
worship, or
b. During the celebration of any
religious ceremony.
2. That the acts must be notoriously
offensive to the feelings of the faithful.
(Revised Penal Code, Art. 133; Celdran y
Pamintuan v. People, G.R. No. 220127
(Notice), [November 21, 2018]

Elements of prohibition, interruption, and “Acts notoriously offensive to the feelings of

dissolution of peaceful meetings the faithful”
1. The offender is a public officer or An act is said to be notoriously offensive to the
employee; and religious feelings of the faithful when a person
2. He performs any of the acts enumerated ridicules or makes light of anything constituting a
under Article 131. (Id.) religious dogma; works or scoffs at anything
devoted to religious ceremonies; plays with or
ARTICLE 132. INTERRUPTION OF RELIGIOUS damages or destroys any object of veneration by
WORSHIP the faithful.

Acts Punishable The mere act of causing the passage through the
1. The (a) preventing or (b) disturbing, churchyard belonging to the Church, of the
public officer or employee, the funeral of one who in life belonged to the Church

67
of Christ, neither offends nor ridicules the
religious feelings of those who belong to the
Roman Catholic Church.” (People v. Baes, G.R.
No. 46000, [May 25, 1939], 68 PHIL 203-210)
SPECIAL PENAL LAWS
1. Anti-Torture Act of 2009, Republic Act
No. 9745, [November 10, 2009]
a) Acts of Torture [Sec. 4]
Section 4. Acts of Torture. - For purposes of this
Act, torture shall include, but not be limited to,
the following:
(a) Physical torture is a form of treatment or
punishment inflicted by a person in authority
or agent of a person in authority upon
another in his/her custody that causes severe
pain, exhaustion, disability or dysfunction of
one or more parts of the body, such as:
(1) Systematic beating, headbanging,
punching, kicking, striking with truncheon
or rifle butt or other similar objects, and
jumping on the stomach;
(2) Food deprivation or forcible feeding with
spoiled food, animal or human excreta
and other stuff or substances not
normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically
heated rods, hot oil, acid; by the rubbing
of pepper or other chemical substances
on mucous membranes, or acids or spices
directly on the wound(s);
(5) The submersion of the head in water or
water polluted with excrement, urine,
vomit and/or blood until the brink of
suffocation;
(6) Being tied or forced to assume fixed and
stressful bodily position;
(7) Rape and sexual abuse, including the
insertion of foreign objects into the sex
organ or rectum, or electrical torture of
the genitals;
(8) Mutilation or amputation of the essential
parts of the body such as the genitalia,
ear, tongue, etc.;
68
(9) Dental torture or the forced extraction of
the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such
as sunlight and extreme cold;
(12) The use of plastic bag and other
materials placed over the head to the
point of asphyxiation;
(13) The use of psychoactive drugs to change
the perception, memory. alertness or will
of a person, such as:
(i) The administration or drugs to
induce confession and/or reduce
mental competency; or
(ii) The use of drugs to induce
extreme pain or certain
symptoms of a disease; and
(14) Other analogous acts of physical torture;
and
(b) "Mental/Psychological Torture" refers to acts
committed by a person in authority or agent
of a person in authority which are calculated
to affect or confuse the mind and/or
undermine a person's dignity and morale,
such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher
relative(s) with bodily harm, execution or
other wrongful acts;
(3) Confinement in solitary cells or secret
detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial",
public display or public humiliation of a
detainee or prisoner;
(6) Causing unscheduled transfer of a person
deprived of liberty from one place to
another, creating the belief that he/she
shall be summarily executed;
(7) Maltreating a member/s of a person's
family;
(8) Causing the torture sessions to be
witnessed by the person's family, relatives
or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the
person naked, parading him/her in public
places, shaving the victim's head or
putting marks on his/her body against
his/her will;
 (11) Deliberately prohibiting the victim to
communicate with any member of his/her
family; and
(12) Other analogous acts of
mental/psychological torture.
b) Who Are Criminally Liable [Sec. 13]
Section 13. Who are Criminally Liable.
1) Any person who actually participated Or
induced another in the commission of torture
or other cruel, inhuman and degrading
treatment or punishment or who cooperated
in the execution of the act of torture or other
cruel, inhuman and degrading treatment or
punishment by previous or simultaneous acts
shall be liable as principal
2) Any superior military, police or law
enforcement officer or senior government
official who issued an order to any lower
ranking personnel to commit torture for
whatever purpose shall be held equally liable
as principals.
3) The immediate commanding officer of the
unit concerned of the AFP or the immediate
senior public official of the PNP and other
law enforcement agencies shall be held liable
as a principal to the crime of torture or other
cruel or inhuman and degrading treatment or
punishment for any act or omission, or
negligence committed by him/her that shall
have led, assisted, abetted or allowed,
whether directly or indirectly, the commission
thereof by his/her subordinates. If he/she has
knowledge of or, owing to the circumstances
at the time, should have known that acts of
torture or other cruel, inhuman and
degrading treatment or punishment shall be
committed, is being committed, or has been
committed by his/her subordinates or by
others within his/her area of responsibility
and, despite such knowledge, did not take
preventive or corrective action either before,
during or immediately after its commission,
when he/she has the authority to prevent or
investigate allegations of torture or other
cruel, inhuman and degrading treatment or
punishment but failed to prevent or
investigate allegations of such act, whether
deliberately or due to negligence shall also
be liable as principals.
69
4) Any public officer or employee shall be
liable as an accessory if he/she has
knowledge that torture or other cruel,
inhuman and degrading treatment or
punishment is being committed and without
having participated therein, either as
principal or accomplice, takes part
subsequent to its commission in any of the
following manner:
a) By themselves profiting from or assisting
the offender to profit from the effects of
the act of torture or other cruel, inhuman
and degrading treatment or punishment;
b) By concealing the act of torture or other
cruel, inhuman and degrading treatment
or punishment and/or destroying the
effects or instruments thereof in order to
prevent its discovery; or(c) By harboring,
concealing or assisting m the escape of
the principal/s in the act of torture or
other cruel, inhuman and degrading
treatment or punishment: Provided, That
the accessory acts are done with the
abuse of the official's public functions.
C. CRIMES AGAINST PUBLIC ORDER (Arts.
134-160)
ARTICLE 134. REBELLION OR INSURRECTION –
HOW COMMITTED
Rebellion
An armed public uprising against the government.
By its very nature, rebellion is essentially a crime
of masses or multitudes involving crowd action,
which cannot be confined a priori within
predetermined bounds. (People v. Lovedioro, G.R.
No. 112235, November 29, 1995, citing Aquino, II
Revised Penal Code, 91 (1987) and People v.
Geronimo, G.R. No. L-8936, October 23, 1956,
100 Phil. 90)
Insurrection
A resistance, by unlawful means, to the operation
of some particular law, or to the constituted
authorities. (United States v. Dalmacio Lagnason,
G.R. No. 1582, March 28, 1904)
Elements of rebellion or insurrection
1. There be:
a. Public uprising, and
 b. Taking arms against the purpose of engaging in terrorism, or those
Government; proscribed under Sec. 26 of the Act or the United
2. The purpose of the uprising or movement Nations Security Council-designated terrorist
is either organization. (Sec. 3 (m), R.A. 11479, The
a. To remove from the allegiance to Anti-Terrorism Act of 2020.)
said Government or its laws:
i. The territory of the
Rebellion Treason
Philippines or any part
thereof; or The levying of war The levying of war
ii. any body of land, naval or against the Government against the Government
other armed forces; or during peace time for would constitute
b. To deprive the Chief Executive or any of the purposes treason when
Congress, wholly or partially, of mentioned in Article performed to aid the
any of their powers or 134 is rebellion. enemy. It would also
prerogatives. (Lagman v. constitute an
Medialdea, G.R. Nos. 231658, adherence to the
231771 & 231774, [July 4, 2017], enemy, giving him aid
812 PHIL 179-853) and comfort. (U.S. v.
Lagnason, 3 Phil. 472)
Actual Clash of Arms with Forces of
Government Rebellion always Treason may be
Although the law provides that rebellion is involves taking up arms committed by mere
committed by rising publicly and taking arms against the adherence to the
against the Government, an actual clash of arms Government; (See enemy giving him aid or
with the forces of the Government is not Lagman v. Medialdea, comfort. (Revised Penal
absolutely necessary. (Id. citing Reyes, The G.R. Nos. 231658, Code, Article 114)
Revised Penal Code Book Two, 18th Ed. 2012, p. 231771 & 231774, [July
86, citing People v. Cube, C.A. 46 O.G. 4412; 4, 2017], 812 PHIL
People v. Perez, C.A., G.R. No. 8186-R, June 30, 179-853)
1954)

ARTICLE 134-A. COUP — HOW COMMITTED (As

Purpose of Uprising
amended by RA 6968)
It must be shown, but not necessarily
accomplished. Without evidence to indicate the
Coup d’etat
motive or purpose of the accused, the crime does
A swift attack, accompanied by violence,
not constitute rebellion. It may constitute other
intimidation, threat, strategy or stealth, directed
crimes like sedition or kidnapping. (U.S. v.
against duly constituted authorities of the
Constantino 2 Phil. 693)
Republic of the Philippines, or any military camp
or installation, communications networks, public
Giving Aid and Comfort in Rebellion
utilities or other facilities needed for the exercise
Unlike in the crime of treason, the act of giving
and continued possession of power, singly or
comfort or moral aid is not criminal in the case of
simultaneously carried out anywhere in the
rebellion or insurrection, where the RPC
Philippines by any person or persons, belonging to
expressly declares that there must be a public
the military or police or holding any public office
uprising and the taking up of arms. Appellant is,
or employment, with or without civilian support
therefore, absolved from the charge. (Cariño v.
or participation, for the purpose of seizing or
People, 7 SCRA 900, supra.)
diminishing state power. (Art. 134-A, Chapter
One, Title Three, Book Two, Revised Penal Code,
Terrorist organizations, association or group of
as amended by R.A. 6968)
persons
Terrorist organization, association, or group of
Elements of Coup D’etat
persons shall refer to any entity organized for the

70
 1. The offender is a person or persons 6. When the rebellion, insurrection or coup
belonging to the military or police or d'etat shall be under the command of
holding any public office or employment; unknown leaders, any person who in fact
2. It is committed by means of a swift directed the others, spoke for them,
attack accompanied by violence, signed receipts and other documents
intimidation, threat, strategy or stealth; issued in their name, or performed
3. The attack is directed against duly similar acts, on behalf of the rebels, shall
constituted authorities of the Republic of be deemed a leader of such rebellion,
the Philippines, or any military camp or insurrection or coup d'etat. (Art. 135,
installation, communication networks, Chapter One, Title Three, Book Two,
public utilities or other facilities needed Revised Penal Code, as amended by R.A.
for the exercise and continued possession 6968)
of power;
4. The purpose of the attack is to seize or Persons Liable for Rebellion, Insurrection, or
diminish state power. (Id.) Coup D’etat
1. The leaders –
Civilian Participation a. Any person who:
The crime of coup d’etat may be committed with i. Promotes;
or without civilian participation. (Id.) ii. Maintains; or
iii. Heads a rebellion or
Note: A person who commits an act punishable as insurrection; or
coup d'etat including acts committed by private b. Any person who:
persons, thereby showing and creating condition i. Leads;
widespread and extraordinary fear and panic ii. Directs; or
among the populace in order to coerce the iii. dCommands others to
government to give in to an unlawful demand, undertake a coup d’etat;
shall be guilty of Terrorism. (R.A. No. 9372, Sec.
3) 2. The participants –
a. Any person who:
i. Participates; or
ARTICLE 135. PENALTY FOR REBELLION, ii. Executes the commands
INSURRECTION, OR COUP D’ETAT (As of others in rebellion, or
amended by RA 6968) insurrection;
b. Any person in the government
Acts Punishable service who:
1. Any person who promotes, maintains, or i. Participates; or
heads a rebellion or insurrection. ii. Executes directions or
2. Any person merely participating or commands of others in
executing the commands of others in a undertaking a
rebellion or insurrection. c. Any person not in the government
3. Any person who leads or in any manner service who:
directs or commands others to undertake i. Participates;
a coup d'etat. ii. Supports;
4. Any person in the government service iii. Finances;
who participates, or executes directions iv. Abets; or
or commands of others in undertaking a v. Aids in undertaking a
coup d'etat. coup d’etat; (Id.)
5. Any person not in the government service
who participates, or in any manner Unknown Leaders
supports,finances,abets or aids in When the rebellion, insurrection or coup d'etat
undertaking a coup d'etat shall be under the command of unknown leaders,
any person who in fact directed the others, spoke

71
for them, signed receipts and other documents
issued in their name, or performed similar acts,
on behalf of the rebels, shall be deemed a leader
of such rebellion, insurrection or coup d'etat.
(Id.)
Accused never took the oath of allegiance to,
or that they never recognized the Government
Such a defense would be nothing less than a
negation of the right of the Government to
maintain its existence and authority against a
certain class of the population. (U.S. v. Del
Rosario, 2 Phil. 127)
Those who killed persons in pursuance of the
movement to overthrow the government are
liable for rebellion only. (People v. Aquino, G.R.
No. L-13789, [June 30, 1960], 108 PHIL 814-821)
Complex Crime of Rebellion with Murder and
Other Common Crimes
One of the means by which rebellion may be
committed, in the words of Art. 135, is by
"engaging in war against the forces of the
government" and "committing serious violence" in
the prosecution of said “war."
These expressions imply everything that war
connotes, namely: resort to arms, requisition of
property and services, collection of taxes and
contributions, restraint of liberty, damage to
property, physical injuries and loss of life, xx x.
Being within the purview of "engaging in war" and
"committing serious violence," said resort to
arms, with the resulting impairment or
destruction of life and property, constitutes not
two or more offenses, but only one crime – that
of rebellion plain and simple.
Inasmuch as the acts specified in Art. 135
constitute one single crime, it follows necessarily
that said acts offer no occasion for the
application of Article 48, which requires
therefore the commission of, at least, two
crimes.
A mere participant in the rebellion, who is not a
public officer, should not be placed at a more
disadvantageous position. (People v. Hernandez,
et al., 99 Phil. 515)
72
Absorption in Rebellion
The crime of rebellion consists of many acts. It is
a vast movement of men and a complex net of
intrigues and plots.
Acts committed in furtherance of rebellion
though crimes in themselves are deemed
absorbed in one single crime of rebellion. (Enrile
v. Amin, G.R. No. 93335, September 13, 1990)
If the acquisition, possession, or use of loose
firearms is in furtherance of, or incident to, or in
connection with the crime of rebellion or
insurrection, or attempted coup d'etat, such
violation shall be absorbed as an element of the
crime of rebellion or insurrection. or attempted
coup d'etat. (Sec. 29, R.A. No. 10591)
Membership of an appellant in a rebel
organization, by itself, does not automatically
qualify his criminal acts as absorbed in the crime
of rebellion which carries a lighter penalty under
the law. The burden was on the appellant to
demonstrate conclusively that his criminal acts
were committed in furtherance of rebellion.
(People v. Lovedioro, 250 SCRA 389; People v.
Continente, et al., G.R. Nos. 100801-02, August
29, 2001).
Political offense doctrine
Under the political offense doctrine, "common
crimes, perpetrated in furtherance of a political
offense, are divested of their character as
'common' offenses and assume the political
complexion of the main crime of which they are
mere ingredients, and, consequently, cannot be
punished separately from the principal offense,
or complexed with the same, to justify the
imposition of a graver penalty."
Any ordinary act assumes a different nature by
being absorbed in the crime of rebellion. Thus,
when a killing is committed in furtherance of
rebellion, the killing is not homicide or murder,
Rather, the killing assumes the political
complexion of rebellion as its mere ingredient
and must be prosecuted and punished as rebellion
alone. (Saturnino C. Ocampo v. Hon. Ephrem S.
Abando, et al., G.R. No. 176830, February 11,
2014)
Political Crimes
Political crimes are those directly aimed against
the political order, as well as such common
crimes as may be committed to achieve a
political purpose.
The decisive factor is the intent or motive. If a
crime usually regarded as common, like
homicide, is perpetrated the purpose of removing
from the allegiance "to the Government territory
of the Philippine Islands or any part thereof,"
then the said offense becomes stripped of its
“common” complexion, inasmuch as, being part
and parcel of the crime of rebellion, the former
political character of the latter. (Id.)
ARTICLE 136. CONSPIRACY AND PROPOSAL TO
COMMIT COUP D’ETAT, REBELLION OR
INSURRECTION (As amended by RA 6968 and
RA 10951
Acts Punishable
1. Conspiracy to commit rebellion, and
2. Proposal to commit rebellion. (Art. 136,
Chapter One, Title Three, Book Two,
Revised Penal Code, as amended by R.A.
6968 and R.A. 10951)
Conspiracy to commit rebellion
When two or more persons come to an agreement
to rise publicly and take arms against the
Government for any of the purposes of rebellion
and decide to commit it. (Art. 134, Chapter One,
Title Three, Book Two, Revised Penal Code, as
amended by R.A. 6968 in relation to Art. 8, Book
One, Revised Penal Code)
Proposal to commit rebellion
When the person who has decided to rise publicly
and take arms against the Government for any of
the purposes of rebellion proposes its execution
to some other person or persons. (Art. 134,
Chapter One, Title Three, Book Two, Revised
Penal Code, as amended by R.A. 6968 in relation
to Art. 8, Book One, Revised Penal Code)
Merely agreeing and deciding to rise publicly
and take arms against the Government for the
purposes of rebellion or merely proposing the
commission of said acts already subject to
punishment
73
Persons merely agreeing and deciding among
themselves to rise publicly and take arms against
the Government for the purposes mentioned in
Article 134, without actually rising publicly and
taking arms against the Government, or those
merely proposing the commission of said acts to
other persons without actually performing those
overt acts under Article 134, are already subject
to punishment. (People v. Geronimo, 100 Phil. 90)
ARTICLE 137. DISLOYALTY OF PUBLIC OFFICERS
OR EMPLOYEES
Persons Liable
The offender here must be a public officer or
employee. (Art. 137, Chapter One, Title Three,
Book Two, Revised Penal Code)
Acts Punishable
1. By failing to resist a rebellion by all the
means in their power
2. By continuing to discharge the duties of
their offices under the control of the
rebels
3. By accepting appointment to office under
them. (Id.)
ARTICLE 138. INCITING TO REBELLION OR
INSURRECTION
Elements of Inciting to Rebellion or Insurrection
1. The offender does not take arms or is not
in open hostility against the Government
2. He incites others to the execution of any
of the acts of rebellion
3. The inciting is done by means of
speeches, proclamations, writings,
emblems, banners or other
representations tending to the same end.
(Art. 138, Chapter One, Title Three, Book
Two, Revised Penal Code)
“Shall incite others to the execution of any of
the acts specified in Article 134 of this Code”
It means that the offender shall incite others to
“rise publicly and take arms against the
Government” for any of the purposes of
rebellion. (Art. 137, Chapter One, Title Three,
Book Two, Revised Penal Code in relation to Art.
135, Chapter One, Title Three, Book Two, Revised
Penal Code, as amended by R.A. 6968)
Note: Article 134 of the Revised Penal Code Tumultuous
refers to “Rebellion or Insurrection” It is tumultuous if caused by more than three
persons who are armed or provided with the
means of violence. (Art. 153, par. 3, Chapter
Inciting Rebellion Proposal to Commit
Five, Title Three, Book Two, Revised Penal Code)
Rebellion

In both crimes, the offender includes another Sedition Rebellion

to commit rebellion. ()
In both, there must be public uprising
The person who is The person who
inciting needs not to proposes has decided It is sufficient that the There must be taking
be decided to commit to commit rebellion. public uprising is up of arms against the
rebellion. tumultuous Government

Act of inciting is done Persons who proposes The purpose of the The purpose is always
publicly. rebellion uses secret offenders may be political
means. political or social
(See Revised Penal Code, Articles 136 and 138)
Not necessarily Always against the
against the government
ARTICLE 139. SEDITION
government

Elements of Sedition (See Revised Penal Code, Articles 134 and 139)
1. The offenders rise:
a. Publicly; and Sedition Treason
b. Tumultuously;
2. They employ force, intimidation, or other In its more general In its more general
means outside of legal methods; sense, it is the raising sense, it is the
3. The offenders employ any of those means of commotions or violation by a subject
to attain any of the following objects: disturbances in the of his allegiance to his
a. To prevent the promulgation or State sovereign
execution of any law or the
(See Revised Penal Code, Articles 114 and 139)
holding of any popular election;
b. To prevent the government or any
Public uprising and an object of sedition must
public officer from freely
concur.
exercising its or his functions, or
The Philippine Law on the subject (Act No. 292)
prevent the execution of any
makes all persons guilty of sedition who rise
Administrative Order;
publicly and tumultuously in order to obtain by
c. To inflict any act of hate or
force or outside of legal methods any one of five
revenge upon the person or
objects, including that of inflicting any act of
property of any public officer or
hate or revenge upon the person or property of
employee;
any official or agent of the Insular Government or
d. To commit, for any political or
of a provincial or municipal government (People
social end, any act of hate or
v. Cabrera, G.R. No. L-17748, [March 4, 1922], 43
revenge against private persons
PHIL 64-81).
or any social class;
e. To despoil, for any political or
In sedition, it is immaterial if the objective be
social end, any person or the
completely attained.
government of all its property or
It is not necessary that there should be any
any part thereof. (Art. 139,
disturbance or breach of the peace in order that
Chapter One, Title Three, Book
the act may come under the sanction of the Penal
Two, Revised Penal Code)
Code. It is sufficient that it incites uprising or

74
produces a feeling incompatible with the
permanency of the government (People v.
Evangelista, G.R. No. 36275, [October 26, 1932],
57 PHIL 354-364).
GR: Common Crimes are NOT absorbed in
sedition. (People v. Hadji, G.R. No. L-12686,
[October 24, 1963], 118 PHIL 1089-1099)
XPN: However, sedition absorbs the use of
unlicensed firearms as an element thereof,
pursuant to RA 8294. (See RA 8294)
ARTICLE 140. PENALTY FOR SEDITION
Persons Liable
1. The leader of the sedition, and
2. Other persons participating in the
sedition. (Art. 140, Chapter One, Title
Three, Book Two, Revised Penal Code)
ARTICLE 141. CONSPIRACY TO COMMIT SEDITION
Elements of Conspiracy to Commit Sedition
1. Two (2) or more persons come to an
agreement and a decision to rise publicly
and tumultuously to attain any of the
objects of sedition;
2. They decide to commit it. (Art. 141,
Chapter One, Title Three, Book Two,
Revised Penal Code in relation to Art. 8,
Book One, Revised Penal Code)
No Proposal to Commit Sedition
There is no crime for the proposal to commit
sedition. Art. 141 punishes only conspiracy to
commit sedition.
Hence, a proposal to commit sedition is not
punishable. (Id.)
ARTICLE 142. INCITING TO SEDITION
Acts Punishable
1. Inciting others to commit sedition by
means of speeches, proclamations,
writings, emblems, cartoons, banners, or
other representations tending to the
same end;
2. Uttering seditious words or speeches
which tend to disturb the public peace;
75
3. Writing, publishing, or circulating
scurrilous libels against the Government
or any of its duly constituted authorities;
4. Knowingly concealing such evil practices.
(Art. 142, Chapter One, Title Three, Book
Two, Revised Penal Code)
Elements of First Act
1. The offender does not take direct part in
the crime of sedition;
2. He incites others to the accomplishment
of any of the acts which constitute
sedition; an
3. The inciting is done by means of
speeches, proclamations, writings,
emblems, cartoons, banners, or other
representations tending to the same end.
(Art. 142, Chapter One, Title Three, Book
Two, Revised Penal Code)
Acts Punishable under Second and Third Act:
1. They tend to disturb or obstruct any
lawful officer in executing the functions
of his office;
2. They tend to instigate others to cabal and
meet together for unlawful purposes;
3. They suggest or incite rebellious
conspiracies or riots; or
4. They lead or tend to stir up the people
against the lawful authorities or disturb
the peace of the community, and the
safety and order of the Government. (Art.
142, Chapter One, Title Three, Book Two,
Revised Penal Code)
Rules relative to seditious words:
1. Clear and Present Danger Rule — It is
required that there must be reasonable
ground to believe that the danger
apprehended is imminent and that the
evil to be prevented is a serious one.
● There must be the probability of
serious injury to the State.
(Cabansag v. Fernandez, G.R. No.
L-8974, [October 18, 1957], 102
PHIL 152-168)
2. Dangerous Tendency Rule — If the words
used tend to create a danger of public
uprising, then those words could be the
subject of a penal clause.
 ● There is inciting to sedition when
the words uttered or published
could easily produce disaffection
among the people and a state of
feeling in them incompatible with
a disposition to remain loyal to
the Government and obedient to
the laws.
● The dangerous tendency rule is
generally adopted in the
Philippines. (Id)
ARTICLE 143. ACTS TENDING TO PREVENT THE
MEETING OF CONGRESS AND SIMILAR BODIES
Elements of Acts Tending to Prevent the
Meeting of Congress and Similar Bodies
1. There be a projected or actual meeting
of Congress or any of its committees or
subcommittees, constitutional
commissions or committees or division
thereof, or of any provincial board or city
or municipal council or board.
2. The offender who may be any persons
prevents such meeting by force or fraud.
(Art. 143, Chapter Two, Section One,
Title Three, Book Two, Revised Penal
Code )
The Chief of Police and mayor who prevented
the meeting of the municipal council
The Supreme Court held that the two public
officers are liable under Art 143, when the defect
of the meeting is not manifest and requires an
investigation before its existence can be
determined. (People v. Alipit, G.R. No. 18853,
[August 22, 1922], 44 PHIL 910-916)
ARTICLE 144. DISTURBANCE OF PROCEEDINGS
Elements of Disturbance of Proceedings
1. There be a meeting of Congress or any of
its committees, constitutional
commissions or committees or divisions
thereof, or of any provincial board or city
or municipal council or board
2. The offender does any of the following
acts:
a. He disturbs any of such meetings
76
b. He behaves while in the presence
of any such bodies in such a
manner as to interrupt its
proceedings or to impair the
respect due it. (Art. 144, Chapter
Two, Section One, Title Three,
Book Two, Revised Penal Code)
Note: One who disturbs the proceedings may also
be punished for contempt. (Lopez v. De los Reyes,
G.R. No. 34361, [November 5, 1930], 55 PHIL
170-208.)
ARTICLE 145. VIOLATION OF PARLIAMENTARY
IMMUNITY
Acts Punishable
1. By using force, intimidation, threats, or
frauds to prevent any member of
Congress from:
a. Attending the meetings of
Congress or any of its committees
or subcommittees, constitutional
commissions or committees or
divisions thereof, or from
b. Expressing his opinions or
c. Casting his vote
2. Arresting or searching any member while
Congress is in session, except in cases
where such member has committed a
crime punishable under the Code by a
penalty higher than prision mayor. (Art.
145, Chapter Two, Section Two, Title
Three, Book Two, Revised Penal Code)
Elements of the First Act
1. That the offender uses force,
intimidation, threats, or fraud;
2. That the purpose of the offender is to
prevent any member of the National
Assembly from:
a. Attending the meetings of the
Assembly or of any of its
committees or constitutional
commissions, etc,; or
b. From expressing his opinions; or
c. From casting his vote. (Id.)
Elements of Second Act
1. The offender is a public officer or
employee
 2. He arrests or searches any member of
Congress;
3. The Congress, at the time of arrest or
search, is in regular or special session;
and
4. The member arrested or searched has not
committed a crime punishable under the
Code by a penalty higher than prision
mayor. (Id.)
“Session”
Session refers to the entire period from its initial
convening until its final adjournment. (See
Section 15, Article VI of the 1987 Constitution.)
“Meeting”
Shall be understood to include a gathering or
group, whether in a fixed place or moving. (Id.)
ARTICLE 147. ILLEGAL ASSOCIATIONS
Illegal Associations
Illegal associations are associations totally or
partially organized for:
1. The purpose of committing any of the
crimes punishable under the RPC, or
2. Some purpose contrary to public morals.
(Art. 147, Chapter Three, Title Three,
Book Two, Revised Penal Code)

ARTICLE 146. ILLEGAL ASSEMBLIES Persons Liable

1. Founders, directors, and president of
Acts Punishable association;
1. Any meeting attended by armed persons 2. Mere members of the association. (Id.)
for the purpose of committing any of the
crimes punishable under the RPC.
Illegal Assembly Illegal Association
2. Any meeting in which the audience,
whether armed or not, is incited to the It is not necessary It is not necessary
commission of the crime of treason, that there is an that there is an
rebellion or insurrection, sedition, or actual meeting or actual meeting.
assault upon a person in authority or his assembly of armed
agent. (Art. 146, Chapter Three, Title persons for the
Three, Book Two, Revised Penal Code) purpose specified in
Article 146.
Elements of First Act
1. There is a meeting, gathering or group of It is the meeting and It is the act of
persons, whether in a fixed place or attendance at such forming or organizing
moving; meeting that are and membership in
2. The meeting is attended by armed punished. the association that
persons; and are punished.
3. The purpose of the meeting is to commit
any of the crimes punishable under the The persons liable The persons liable
RPC. (Id.) are: are:
The organizers or The founders,
Elements of Second Act leaders of the directors and
1. There is a meeting, a gathering or group meetings; and the president; and the
of persons, whether in a fixed place or persons present at members.
moving; and the meeting.
2. The audience, whether armed or not, is
incited to the commission of the crime of Organized for More or less of some
treason, rebellion or insurrection, temporary purposes. duration and
sedition or direct assault. (id.) existence.
(See Revised Penal Code, Articles 146 and 147)
Persons Liable
1. Organizers or leaders of the meeting; and
2. Persons merely present at the meeting.
(Id.)

77
ARTICLE 148. DIRECT ASSAULTS
Direct assault
An offense committed by any person or persons
who, without a public uprising, shall employ force
or intimidation for the attainment of any of the
purposes enumerated in defining the crimes of
rebellion and sedition, or shall attack, employ
force or seriously intimidate or resist any person
in authority or any of his agents, while engaged in
the performance of official duties, or on occasion
of such performance. (Revised Penal Code, Article
148)
Direct Assault Ordinary Assaults
(i.e., physical
injuries)
Crime against public Crime against
order persons
Involves public Involves private
officers or individuals
employees
(See Revised Penal Code, Articles 148 and
263-266)
Two Ways of Committing 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 sedition and
rebellion.
2. Without public uprising, by attacking, by
employing force or seriously intimidating
or by seriously resisting any person in
authority or any of his agents , while
engaged in the performance of official
duties, or on the occasion of such
performance. (People v. Vibal, Jr. y
Uayan, G.R. No. 229678, [June 20, 2018]
citing Art. 148, Chapter Four, Title Three,
Book Two, Revised Penal Code)
sedition. (Art. 148, Chapter Four, Title
Three, Book Two, Revised Penal Code)
Elements of Second Form of Direct Assault
The elements of which are that:
1. There must be an attack, use of force, or
serious intimidation or resistance
2. Upon a person in authority or his agent;
3. The assault was made when the said
person was performing his duties or on
the occasion of such performance; and
4. The accused knew that the victim is a
person in authority or his agent.(People v.
Estonilo, Sr., G.R. No. 201565, [October
13, 2014], 745 PHIL 331-357).
“The accused knew that the victim is a person
in authority or his agent”
The accused must have the intention to offend,
injure or assault the offended party as a person in
authority or an agent of a person in authority.
(Id.)
Person in Authority (PA)
Any person directly vested with jurisdiction
(power or authority to govern and execute the
laws) whether as an individual or as a member of
some court or governmental corporation, board
or commission. (Art. 148, par. 1, Chapter Four,
Title Three, Book Two, Revised Penal Code)
Agent of Person in Authority (APA)
One who, by direct provision of law or by election
or by appointment by competent authority, is
charged with the maintenance of public order
and the protection and security of life and
property. (Art. 148, par. 2, Chapter Four, Title
Three, Book Two, Revised Penal Code)
Two Kinds of Direct assault of the Second Form
1. Simple Assault; and
2. Qualified Assault. (Art. 148, Chapter
Four, Title Three, Book Two, Revised
Penal Code)

Elements of the First Form of Direct Assault

Circumstances that Qualify Direct Assault
1. There is no public uprising
1. When committed with a weapon; or
2. The offender employs force or
2. Offender is a public officer or employee;
intimidation;
or
3. The aim of the offender is to attain any
3. Offender lays hands upon a person in
of the purposes of the crime of rebellion
authority. (Id.)
or any of the objects of the crime of

78
Complex Crime involving Direct Assault
1. If direct assault is committed, and as a
result, the PA or APA is killed — the crime
shall be the complex crime of Direct
Assault with Homicide or Murder, as the
case may be in consideration with Article
48 of the Revised Penal Code. (See People
v. Abalos, G.R. No. 88189, [July 9, 1996],
328 PHIL 24-38)
2. If direct assault is committed, and the PA
or APA suffers serious or less serious
physical injuries — The crime shall be a
complex crime or Direct Assault with
Serious or Less Serious Physical Injuries.
(See People v Bonotan 105 Phil 1349)
ARTICLE 149. INDIRECT ASSAULT
Elements of Indirect Assault
1. A person in authority or his agent is the
victim of any of the forms of direct
assault defined in Art. 148.
2. A person comes to the aid of such
authority or his agent.
3. The offender makes use of force or
intimidation upon such a person coming
to the aid of the authority or his agent.
(Art. 149, Chapter Four, Title Three, Book
Two, Revised Penal Code)
Note: Indirect assault can be committed only
when a direct assault is also committed. (Id.)
ARTICLE 150. DISOBEDIENCE TO SUMMONS
ISSUED BY THE CONGRESS, ITS COMMITTEES
OR SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSION, ITS
COMMITTEES, SUBCOMMITTEES OR DIVISIONS
Acts Punishable
1. Refusing, without legal excuse, to obey
summons of Congress, or any commission
or committee chairman or member
authorized to summon witnesses;
2. Refusing to be sworn or placed under
affirmation while before such legislative
or constitutional body or official;
3. Refusing to answer any legal inquiry or to
produce any books, papers, documents,
or records in his possession, when
required by them to do so in the exercise
of their functions;
79
4. Restraining another from attending as a
witness in such legislative or
constitutional body;
5. Inducing disobedience to summons or
refusal to be sworn by any such body or
official. (Art. 150, Chapter Four, Title
Three, Book Two, Revised Penal Code)
Note: The testimony of a person summoned must
be upon matters into which the legislature has
jurisdiction to inquire. (Arnault v. Nazareno, G.R.
No. L-3820, [July 18, 1950], 87 PHIL 29-77 citing
Killbourn vs. Thompson, 26 L. ed., 377.)
Self-Incrimination
The fact that the testimony of a witness may
tend to show that he has violated the law is not
sufficient to entitle him to claim the protection
of the constitutional provision against
self-incrimination, unless he is at the same time
liable to prosecution and punishment for such
violation. The witness cannot assert his privilege
by reason of some fanciful excuse, for protection
against an imaginary danger, or to secure
immunity to a third person." (3 Wharton's
Criminal Evidence, 11th ed., secs. 1135, 1136.)
(Arnault v. Nazareno, G.R. No. L-3820, [July 18,
1950], 87 PHIL 29-77)
ARTICLE 151. RESISTANCE AND DISOBEDIENCE
TO A PERSON IN AUTHORITY OR THE
AGENTS OF SUCH PERSON
Disobedience
The disobedience contemplated consists in the
failure or refusal to obey a direct order from the
person in authority or his agent. (U.S. v
Ramayrat, 22 Phil. 183).
Elements of Resistance and Serious
Disobedience
1. A person in authority or his agent is
engaged in the performance of official
duty or gives a lawful order to the
offender;
2. The offender resists or seriously disobeys
such person in authority or his agent; and
3. The act of the offender is not included in
the provisions of Arts. 148-150. (Art. 151,
Chapter Four, Title Three, Book Two,
Revised Penal Code)
Note: Before a person can be held guilty of the ARTICLE 152. PERSONS IN AUTHORITY AND
crime of resistance or disobedience to a person in AGENTS OF PERSONS IN AUTHORITY
authority or the agent of such person it must be
shown beyond reasonable doubt that the accused This Article, in contrast with the other Articles
knew that the person he disobeyed or resisted is this Title merely provides for definitions.
a person in authority or the agent of such person
who is actually engaged in the performance of his Persons in Authority
official duties. (Vytiaco v. Court of Appeals, G.R. 1. Municipal Mayor
Nos. L-20246-48, [April 24, 1967], 126 PHIL 48-59) 2. Division Superintendent of Schools
3. Public and Private School Teachers
Elements of Simple Disobedience 4. Teacher-Nurse
1. An APA is engaged in the performance of 5. President of Sanitary Division
official duty or gives a lawful order to the 6. Provincial Fiscal
offender; 7. Justice of Peace
2. The offender disobeys such APA; and 8. Municipal Councilor
3. Such disobedience is not of a serious 9. Barrio Captain and Barangay Chairman.
nature. (Id.) 10. Teachers,
11. Professors and
Direct Assault Resistance 12. Persons charged with the supervision of
public or duly recognized private schools,
The person in authority The person in authority colleges and universities, and
or his agent must be: or his agent must be in 13. Lawyers in the actual performance of
1. Engaged in the actual performance of their professional duties or on the
performance of duties. occasion of such performance (Revised
official duties; or Penal Code, Article 152, As amended by
2. Assaulted by PD No. 299, Sept. 19, 1973 and Batas
reason thereof. Pambansa Blg. 873, June 12, 1985).
Force employed Force employed
against APA is serious. against APA is not Agent of a Person in Authority
serious. A person who, by direct provision of law or by
election or by appointment by competent
Attack or Employment Attack or Employment authority, is charged with the maintenance of
of Force is deliberate of Force is not public order and the protection and security of
deliberate. life and property
Committed in any of Committed by:
the following ways: 1. Resisting; or Includes:
1. By attacking; 2. Seriously 1. Barrio councilman,
2. By employing disobeying a 2. Barrio policeman and
force; person in authority 3. Barangay leader and
3. By seriously or his agent. 4. Any person who comes to the aid of
intimidating; persons in authority, shall be deemed an
4. By seriously agent of a person in authority. (Id.)
resisting a person
in authority or his
agent
ARTICLE 153. TUMULTS AND OTHER
(See Revised Penal Code, Articles 148 and 151)
DISTURBANCE OF PUBLIC ORDERS;
TUMULTUOUS DISTURBANCE OR
INTERRUPTION LIABLE TO CAUSE
DISTURBANCE

80
Disturbance
Any person who shall cause any serious
disturbance in a public place, office, or
establishment, or shall interrupt or disturb public
performances, functions or gatherings, or
peaceful meetings, if the act is not included in
the provisions of Articles 131 and 132. (Revised
Penal Code, Article 153)
Outcry
It means to shout subversive or provocative words
tending to stir up the people to obtain by means
of force or violence any of the objects of
rebellion or sedition. (Id.)
Acts Punishable
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 of public order in
such place; and
5. Burying with pomp the body of a person
who has been legally executed. (Id.)
Circumstances that Qualify Disturbance or
Interruption
The penalty next higher in degree shall be
imposed upon persons causing any disturbance or
interruption of a tumultuous character. (id.)
Tumultuous
If the disturbance or interruption is caused by
more than three persons who are armed or
provided with means of violence.
Note: This is similar to the aggravating
circumstance of band, under Article 14(6). Said
provision says “Whenever more than three armed
malefactors shall have acted together in the
commission of an offense, it shall be deemed to
have been committed by a band.”
81
ARTICLE 154. UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL UTTERANCES
Acts Punishable
1. By publishing or causing to be published,
by means of printing, lithography or any
other means of publication, as news any
false news which may endanger the
public order, or cause damage to the
interest or credit of the State.
2. By encouraging disobedience to the law
or to the constituted authorities or by
praising, justifying or extolling any act
punished by law, by the same means or by
words, utterances or speeches.
3. By maliciously publishing or causing to be
published any official resolution or
document without proper authority, or
before they have been published
officially.
4. By printing, publishing or distributing (or
causing the same) books, pamphlets,
periodicals, or leaflets which do not bear
the real printer's name, or which are
classified as anonymous. (Revised Penal
Code, Article 154)
RA 248 prohibits and penalizes the reprinting,
reproduction or republication of government
publications and official documents without
previous authority. (See RA 248, Sections 1 and 3)
ARTICLE 155. ALARMS AND SCANDALS
Acts Punishable
1. Discharging any firearm, rocket,
firecracker, or other explosive within any
town or public place, calculated to cause
(which produces) alarm or danger.
2. Instigating or taking an active part in any
charivari or other disorderly meeting
offensive to another or prejudicial to
public tranquility.
3. Disturbing the public peace while
wandering about at night or while
engaged in any other nocturnal
amusements.
4. Causing any disturbance or scandal in
public places while intoxicated or
otherwise, provided Art. 153 is not
applicable. (Revised Penal Code, Article
155)
"Shall discharge any firearm"
This refers to the discharge of the firearm which
should not be aimed at any person because if it
were otherwise, then the act would fall under
Discharge of Firearms (Article 254) (See Revised
Penal Code, Articles 154 and 254)
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. (Reyes, The Revised
Penal Code, Book Two)
ARTICLE 156. DELIVERY OF PRISONERS FROM
JAILS
Acts Punishable
1. Any person who shall remove from any
jail or penal establishment any person
confined therein or shall help the escape
of such person, by means of violence,
intimidation, or bribery.
2. If the escape of the prisoner shall take
place outside of said establishments by
taking the guards by surprise (Revised
Penal Code, Article 156)
Elements of Delivery of Prisoners from Jails
1. There is a person confined in a jail or
penal establishment.
Note: Considering that the law does not
specifically states that the person confined needs
to have been convicted beyond reasonable doubt,
said persons also include detention prisoners.
2. The offender, who is any person:
a. Removes them from from any jail
or penal establishment, or
b. Helps the escape of such person.
(Id.)
Qualifying Circumstances
The use of violence, intimidation or bribery are
qualifying circumstances because it provides for a
higher penalty as compared to when the offender
uses other means. (Id.)
82
ARTICLE 157. EVASION OF SENTENCE SERVICE
Forms of Evasion of Service
1. By simply leaving or escaping from the
penal establishment under Article 157;
2. Failure to return within 48 hours after
having left the penal establishment
because of a calamity, conflagration or
mutiny and such calamity, conflagration
or mutiny has been announced as already
passed under Article 158.
3. Violating the condition of conditional
pardon under Article 159.
“Escape”
To get away, as by flight or other conscious
effort; to break away, get free, or get clear, from
or out of detention, danger, discomfort, or the
like; as to escape from prison. To issue from
confinement or enclosure of any sort; as gas
escapes from the mains. (People v. Abilong, G.R.
No. L-1960, November 26, 1948, citing Webster's
New International Dictionary)
Elements of Evasion of Service
1. The offender is a convict by final
judgment
2. He is serving his sentence which consists
in deprivation of liberty.
3. He evades the service of his sentence by
escaping during the term of his sentence.
(Revised Penal Code, Article 157)
Qualifying Circumstances
1. By means of unlawful entry,
2. By breaking doors, windows, gates, walls,
roofs, or floors, or
3. By using picklocks, false keys, deceit,
violence or intimidation, or
4. Through connivance with other convicts
or employees of the penal institution,
(Id.)
ARTICLE 158. EVASION OF SERVICE OF
SENTENCE ON THE OCCASION OF DISORDER,
CONFLAGRATIONS, EARTHQUAKES, OR
OTHER CALAMITIES
Elements of Evasion of Service of Sentence on
the Occasion of Disorder, Conflagrations,
Earthquakes, or other Calamities
1. The offender is a convict by final
judgment, who is confined in a penal
institution.
Note: It has to involve a convict by final
judgment, because there needs to first be final
judgment before sentence can be served or
evaded.
2. There is disorder, resulting from —
a. Conflagration
b. Earthquake
c. Explosion
d. Similar catastrophe or
e. Mutiny in which he has not
participated.
Mutiny
It is the unlawful resistance to a superior officer,
or the raising of commotions and disturbances on
board a ship against the authority of its
commander. (Reyes, The Revised Penal Code,
Criminal Law: Book Two, Articles 114-367, 2021
Edition citing Bouvier’s Law Dictionary)
3. 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. 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. (id.)
Increase in Penalty
The penalty is that the accused shall suffer an
increase of 1/5th of the time still remaining to
be served under the original sentence, not to
exceed six (6) months, if he shall fail to give
himself up to the authorities within forty-eight
hours following the issuance of a proclamation by
the Chief Executive announcing the passing away
of such calamity. (Id.)
83
Reduction in Service
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. (Id.)
A deduction of one-fifth of the period of his
sentence shall be granted to any prisoner who,
having evaded the service of his sentence under
the circumstances mentioned in Article 58 of this
Code, gives himself up to the authorities within
48 hours following the issuance of a proclamation
announcing the passing away of the calamity or
catastrophe to in said article. (Revised Penal
Code, Art. 98)
ARTICLE 159. OTHER CASES OF EVASION OF
SERVICE SENTENCE
Conditional pardon
A contract between the Chief Executive, who
grants the pardon, and the convict, who accepts
it. Since it is a contract, the pardoned convict is
bound to fulfill its conditions and accept all its
consequences, not as he chooses, but according
to its strict terms. (People vs. Pontillas, 65 Phil.
659)
Act Punishable
Violating the condition of conditional pardon by
the convict who, had been granted conditional
pardon by the Chief Executive
Elements of Violation of Conditional Pardon
1. The offender was a convict.
2. He was granted a conditional pardon by
the Chief Executive.
3. He violated any of the conditions of such
pardon. (Revised Penal Code, Article 159)
Effect when the penalty remitted by the
granting of such pardon be higher than six
years.
The convict shall then suffer the unexpired
portion of his original. (Revised Penal Code,
Article 159)
 Violation of Evasion of Service 1) Unlawful Acquisition, or Possession of
Conditional Pardon Firearms and Ammunition. (Penalty is
based on class of firearm and ammunition)
The felony involves There is no (See Section 28)
the mere violation of conditional pardon 2) Use of Loose Firearm in the Commission of
any of the conditions involved. What is a Crime.
indicated in the being punished is the
conditional pardon. escaping or evasion Aggravating Circumstance:
by the means (1) If the crime committed with the use of
provided under a loose firearm is penalized by the law
Articles 157 and 158 with a maximum penalty which is lower
(See Revised Penal Code, Articles 157-159) than that prescribed in the preceding
section for illegal possession of
firearm, the penalty for illegal
ARTICLE 160. COMMISSION OF ANOTHER CRIME possession of firearm shall be imposed
DURING SERVICE OF PENALTY IMPOSED FOR in lieu of the penalty for the crime
ANOTHER OFFENSE; PENALTY charged
(2) If the crime committed with the use of
Quasi-recidivism a loose firearm is penalized by the law
Quasi-recidivism is where a person, after having with a maximum penalty which is equal
been convicted by final judgment, shall commit a to that imposed under the preceding
new felony before beginning to serve such section for illegal possession of
sentence, or while serving the same. (Revised firearms, the penalty of prision mayor
Penal Code, Article 160) in its minimum period shall be imposed
in addition to the penalty for the crime
Note: Article 160 does not provide for a crime, punishable under the Revised Penal
but a special aggravating circumstance Code or other special laws of which
considering said provision states, “He shall be he/she is found guilty. (See Section 29)
punished by the maximum period of the penalty
prescribed by law for the new felony.” 3) Absence of Permit to Carry Outside of
Residence.
What are the elements of Article 160? 4) Engaging or Participating in arms Smuggling
1. The offender was already convicted by 5) Tampering, Obliteration or Alteration of
final judgment of one offense. Firearms Identification.
2. He committed a new felony before 6) Use of an Imitation Firearm.
beginning to serve such a sentence or 7) Planting of Evidence
while serving the same. (Id.) 8) Failure to Notify Lost or Stolen Firearm or
Light Weapon.
Note: The provision does not require that the 9) Illegal Transfer/Registration of Firearms.
crimes be embraced under the same Title, unlike
in Recidivism (Article 14[9])
Additional Pertinent Provisions
SPECIAL PENAL LAWS
SEC. 30. Liability of Juridical Person. – The
penalty of prision mayor in its minimum to prision
1. Comprehensive Firearms and mayor in its medium period shall be imposed
Ammunition Regulation Act, Republic upon the owner, president, manager, director or
Act No. 10591, [May 29, 2013] other responsible officer of/any public or private
firm, company, corporation or entity who shall
Summary of Punishable Acts under RA 10591: willfully or knowingly allow any of the firearms
owned by such firm, company, corporation or

84
entity to be used by any person or persons found
guilty of violating the provisions of the preceding
section, or willfully or knowingly allow any of
them to use unregistered firearm or firearms
without any legal authority to be carried outside
of their residence in the course of their
employment.
SEC. 36. In Custodia Legis. – During the
pendency of any case filed in violation of this
Act, seized firearm, ammunition, or parts
thereof, machinery, tools or instruments shall
remain in the custody of the court. If the court
decides that it has no adequate means to safely
keep the same, the court shall issue an order to
turn over to the PNP Crime Laboratory such
firearm, ammunition, or parts thereof,
machinery, tools or instruments in its custody
during the pendency of the case and to produce
the same to the court when so ordered. No bond
shall be admitted for the release of the firearm,
ammunition or parts thereof, machinery, tool or
instrument. Any violation of this paragraph shall
be punishable by prision mayor in its minimum
period to prision mayor in its medium period.
SEC. 37. Confiscation and Forfeiture. – The
imposition of penalty for any violation of this Act
shall carry with it the accessory penalty of
confiscation and forfeiture of the firearm,
ammunition, or parts thereof, machinery, tool or
instrument in favor of the government which shall
be disposed of in accordance with law.
SEC. 38. Liability for Planting Evidence. – The
penalty of prision mayor in its maximum period
shall be imposed upon any person who shall
willfully and maliciously insert; place, and/or
attach, directly or indirectly, through any overt
or covert act, any firearm, or ammunition, or
parts thereof in the person, house, effects, or in
the immediate vicinity of an innocent individual
for the purpose of implicating or incriminating
the person, or imputing the commission of any
violation of the provisions of this Act to said
individual. If the person found guilty under this
paragraph is a public officer or employee, such
person shall suffer the penalty of reclusion
perpetua.
85
D. CRIMES AGAINST PUBLIC INTEREST
(Arts. 161-187)
SECTION 1: FORGING THE SEAL OF THE
GOVERNMENT OF THE PHILIPPINE ISLANDS, THE
SIGNATURE OR STAMP OF THE CHIEF
EXECUTIVE.
ARTICLE 161. COUNTERFEITING THE GREAT
SEAL OF THE GOVERNMENT OF THE
PHILIPPINES ISLANDS, FORGING THE
SIGNATURE OR STAMP OF THE CHIEF
EXECUTIVE
Great Seal of the Republic of the Philippines
The Great Seal of the Republic of the Philippines
is circular in form, with arms consisting of
paleways of two pieces, azure and gules; a chief
argent studded with three golden stars
equidistant from each other; in point of honor,
ovoid argent over the sun rayonnant with eight
minor and lesser rays; in sinister base gules, the
Lion Rampant of Spain; in dexter base azure, the
American eagle displayed proper; and surrounding
the whole is a double marginal circle within
which are the words "Republic of the Philippines."
(Sec. 18 of the Revised Administrative Code, as
amended by Com. Acts Nos. 602, 614, and 731)
Punishable Acts
1. Forging the great seal of the Government;
2. Forging the signature of the President; or
Note: Offense is not falsification of public
documents when in a Government document the
signature of the President is forged, considering
that Art. 161 specifically punishes said act.
3. Forging the stamp of the President.
(Revised Penal Code, Article 116)
ARTICLE 162. USING FORGED SIGNATURE OR
COUNTERFEIT SEALS OR STAMPS
Elements of Using Forged Signature or
Counterfeit Seals or Stamps
1. The Great Seal of the Republic was
counterfeited or the signature or stamp
of the Chief Executive was forged.
2. The offender knew of the counterfeiting
or forgery.
 3. He used a counterfeit seal or forged
signature or stamp. (Revised Penal Code,
Article 162)
Note: The offender under this article should not
be the forger. Otherwise, the accused will be
penalized under Article 161. (See Revised Penal
Code Articles 161 and 162)
SECTION TWO: COUNTERFEITING COINS
ARTICLE 163. MAKING AND IMPORTING AND
UTTERING FALSE COINS
Punishable Acts (Revised Penal Code, Article
163)
1. Counterfeiting — There is counterfeiting
if a spurious coin is made. (U.S. v. Basco,
G.R. No. 2747, [April 11, 1906], 6 PHIL
110-112)
2. Import — To import fake coins means to
bring them into port. The importation is
complete before entry at the Customs
House. (Reyes, The Revised Penal Code,
Book Two citing US v Lyman, 26 Fed.
Case. 1024)
3. Utter — To put (counterfeit money, for
example) into circulation. (Revised Penal
Code (1930), Articles 163-167)
Note: These terms also used in Articles 164, 166,
167
Elements of Making, Importing, and Uttering
False Coins
1. There be False or counterfeited coins;
2. The offender either made, imported or
uttered such coins; and
3. In the case of uttering such false or
counterfeited coins, he connived with the
counterfeiters or importers. (Revised
Penal Code, Article 163)
ARTICLE 164. MUTILATION OF COINS
What is mutilation of coins?
An offense committed by any person who shall
mutilate coins of the legal currency of the
Philippine Islands. (RA, Article 164)
86
It means to take off part of the metal either by
filing it or substituting it for another metal of
inferior quality. It is to diminish, by ingenious
means, the metal in the coin, thus diminishing its
intrinsic value (Reyes, The Revised Penal Code,
Book Two citing People v. Tin Ching Ting, G.R. No.
L-4620, January 30, 1952, unreported)
Acts Punishable
1. Mutilating coins of the legal currency,
with the intent to damage or to defraud
another; and
2. Importing or uttering such mutilated
coins, with the further requirement that
there must be connivance with the
mutilator or imported in case of the
uttering. (Revised Penal Code, Article
164).
Legal Tender
It is indispensable that the mutilated coin be of
legal tender. (Reyes, The Revised Penal Code,
Book Two citing People v. Tin Ching Ting, G.R. No.
L-4620, January 30, 1952, unreported)
It was ordered and decreed:
1. That it shall be unlawful for any person to
wilfully deface, mutilate, tear, burn or
destroy, in any manner whatsoever,
currency notes and coins issued by the
Central Bank of the Philippines; and
2. 2. That any person who shall violate this
Decree shall, upon conviction, be
punished by a fine of not more than
twenty thousand pesos and/or by
imprisonment of not more than five
years.
All laws, orders and regulations, or parts thereof,
inconsistent herewith are hereby modified or
repealed accordingly. (Prohibiting and Penalizing
the Defacement, etc. of Central Bank Notes and
Coins, Presidential Decree No. 247, [July 18,
1973])
ARTICLE 165. SELLING OF FALSE OR MUTILATED
COIN, WITHOUT CONNIVANCE
Acts Punishable
 1. Possession of coin, counterfeited or
mutilated by another with intent to utter
the same knowing that it is false or
mutilated;
2. Actually uttering such a false or
mutilated coin, knowing it to be false or
mutilated. (Revised Penal Code, Article
165)
Elements of First Act
1. Possession;
2. With intent to utter; and
3. Knowledge (Id.)
Legal Tender
Possession of or uttering a false coin does NOT
require that the counterfeited coin is legal
tender. But if the coin being uttered or possessed
with intent to utter is a mutilated coin, it must
be a legal tender coin, because of Art. 164 to
which Art. 165 is related (Reyes, The Revised
Penal Code, Book Two citing People v. Tin Ching
Ting, G.R. No. L-4620, January 30, 1952,
unreported)
Elements of Second Act
a. Actually uttering; and
b. Knowledge (Revised Penal Code, Article
165).
ARTICLE 166. FORGING TREASURY OR BANK
NOTES OR OTHER DOCUMENTS PAYABLE TO
BEARER; IMPORTING, AND UTTERING SUCH
FALSE OR FORGED NOTES AND DOCUMENTS
Acts Punishable
1. Forging or falsification of treasury or
bank notes on other documents payable
to bearer;
2. Importation of treasury or bank notes on
other documents payable to bearer; and
3. Uttering of treasury or bank notes on
other documents payable to bearer in
connivance with forgers or importers
(Revised Penal Code, Article 166)
Forging Treasury or Bank Notes or Other
Documents Payable to Bearer
It is committed by giving to treasury or bank note
or any instrument payable to bearer or to order
the appearance of a true and genuine document
(Revised Penal Code, Article 166)
87
How is Forgery Committed?
It is committed by:
1) Giving to a treasury or bank note or any
instrument, payable to bearer or order
mentioned therein, the appearance of a
true genuine document; or
2) Erasing, substituting, counterfeiting, or
altering by any means, the figures,
letters, words, or signs contained therein
(Revised Penal Code, Art. 169).
What may be forged or falsified under Article
166?
1. Treasury or bank notes;
2. Certificates; and
3. Other obligations and securities payable
to bearer (Revised Penal Code, Article
166).
ARTICLE 167. COUNTERFEITING, IMPORTING
AND UTTERING INSTRUMENTS PAYABLE TO
BEARER
Elements of Counterfeiting, Importing, and
Uttering Instruments Payable to Bearer
1. There be an instrument payable to order
or other document of credit not payable
to bearer;
2. The offender either forged, imported or
uttered such instrument; and
3. In case of uttering, he connived with the
importer (Revised Penal Code, Article
167).
ARTICLE 168. ILLEGAL POSSESSION AND USE OF
FALSE TREASURY OR BANK NOTES AND
OTHER INSTRUMENTS OF CREDIT
The elements of the crime charged [Illegal
possession and use of false treasury or bank
notes and other instruments of credit.] for
violation of said law are:
(1) That any treasury or bank note or
certificate or other obligation and
security payable to bearer, or any
instrument payable to order or other
document of credit not payable to bearer
is forged or falsified by another person;
(2) That the offender knows that any of the
said instruments is forged or falsified;
and
 (3) That he either used or possessed with
intent to use any of such forged or
falsified instruments. (Clemente y
Martinez v. People, G.R. No. 194367,
[June 15, 2011], 667 PHIL 515-526)
Possession must be with intent to use
Possession of false treasury or banknotes alone is
not a criminal offense. For it to constitute an
offense under Article 168 of the Penal Code, the
possession must be with intent to use said false
treasury or bank notes. (People v. Digoro, G.R.
No. L-22032, March 4, 1966).
ARTICLE 169. HOW FORGERY IS COMMITTED
Two ways of committing forgery under Article
169:
1. Giving to a treasury or bank note or any
instrument payable to bearer or to order
the appearance of a true and genuine
document; or
2. Erasing, substituting, counterfeiting, or
altering by any means the figures,
letters, words, or signatures contained
therein (RPC, Article 169)
SECTION FOUR: FALSIFICATION OF
LEGISLATURE, PUBLIC, COMMERCIAL, AND
PRIVATE DOCUMENTS AND WIRELESS
TELEGRAPH AND TELEPHONE MESSAGES
ARTICLE 170. FALSIFICATION OF LEGISLATIVE
DOCUMENTS
Elements of Falsification of Legislative
Documents
1. There be a bill, resolution or ordinance
enacted or approved or pending approval
by either
a. The House of Legislature or
b. Any provincial board or municipal
council;
2. The offender alters the same;
3. He has no proper authority therefor; and
4. The alteration changed the meaning of
the document (Revised Penal Code,
Article 170).
Punishable Act
Article 170 punishes any person who without
proper authority therefore alters any bill,
88
resolution, or ordinance. (Revised Penal Code,
Article 170)
ARTICLE 171. FALSIFICATION BY PUBLIC
OFFICER, EMPLOYEE OR NOTARY OR
ECCLESIASTIC MINISTER.
Elements of Falsification by Public Officer,
Employee, or Notary
1. The offender is a public officer,
employee, or notary public (REYES, Book
Two, supra at 245).
2. That he takes advantage of his official
position.
3. That he falsifies a document by
committing any of the following acts:
(1) Counterfeiting or imitating any
handwriting, signature or rubric.
(2) Causing it to appear that persons
have participated in any act or
proceeding when they did not in
fact so participate.
(3) Attributing to persons who have
participated in an act or
proceeding statements other than
those in fact made by them.
(4) Making untruthful statements in a
narration of facts;
(5) Altering true dates.
(6) Making any alteration or
intercalation in a genuine
document which changes its
meaning.
(7) Issuing in an authenticated form a
document purporting to be a copy
of an original document when no
such original exists, or including
in such copy a statement contrary
to, or different from, that of the
genuine original;
(8) Intercalating any instrument or
note relative to the issuance
thereof in a protocol, registry, or
official book. (Revised Penal
Code, Article 171)
Ecclesiastical Minister
The same penalty shall be imposed upon any
ecclesiastical minister who shall commit any of
the offenses enumerated in the preceding
paragraphs of this article, with respect to any
record or document of such character that its
falsification may affect the civil status of
persons. (Id., Last par.)
Paragraph 1: Counterfeiting or imitating
(feigning) any handwriting, signature or rubric.
Two Ways of Committing Falsification under this
Paragraph:
1) Counterfeiting — Imitating any
handwriting signature, or rubric; or
2) Imitation (Feigning) — Simulating a
signature, handwriting or rubric our of
one, which does not in fact exist. (Reyes,
The Revised Penal Code, Book Two)
Mere drawing up of a false document is not
sufficient to constitute the crime in question… It
is necessary that an attempt be made to imitate
the writing, signature, or mark of the person
whose name is signed. (US v. Paraiso, G.R. No. 91,
[November 13, 1901], 1 PHIL 66-68)
Paragraph 2: Causing it to appear that persons
have participated in any act or proceeding
when they did not in fact so participate.
Requisites
1. That the offender caused it to appear in a
document that a person/s participated in
an act or a proceeding; and
2. That such person/s did not in fact so
participate in the act or proceeding
(Reyes, The Revised Penal Code, Book
Two).
Paragraph 3: Attributing to persons who have
participated in an act or proceeding statements
other than those in fact made by them.
Requisites
1. That such a person or persons
participated in an act or proceeding;
2. That such person or persons made
statements in that act or proceeding; and
3. That the offender in making a document
attributed to such person or persons
statement other than those in fact made
by such person or persons (Id.)
Paragraph 4: Making untruthful statements in a
narration of facts;
89
Requisites of Fourth Act (Paragraph 4)
1. That the offender makes in a document
statements in a narration of facts.
2. That he has a legal obligation to disclose
the truth of the facts narrated by him;
3. That the facts narrated by the offender
are absolutely false; and
4. That the perversion or truth in the
narration of facts was made with the
wrongful intent of injuring a third person
(Id.).
Paragraph 5: Altering true dates.
There is falsification under this paragraph only
when the date mentioned in the document is
essential. Thus, the alteration must affect either
the veracity of the document or the effects
thereof. (People v. Reodica, G.R. No. 42557,
[December 7, 1935], 62 PHIL 567-569)
Paragraph 6: Making any alteration or
intercalation in a genuine document which
changes its meaning.
Requisites
1. That there be an alteration (change) or
intercalation (insertion) on a document.
2. That it was made on a genuine document
3. That the alteration/intercalation has
changed the meaning of the document.
4. That the change made the document
speak something false. (Reyes, The
Revised Penal Code, Book Two)
Paragraph 7: Issuing in an authenticated form a
document purporting to be a copy of an original
document when no such original exists, or
including in such copy a statement contrary to,
or different from, that of the genuine original;
Paragraph 8: Intercalating any instrument or
note relative to the issuance thereof in a
protocol, registry, or official book.
ARTICLE 172. FALSIFICATION BY PRIVATE
INDIVIDUAL AND USE OF FALSIFIED
DOCUMENTS.
Acts Punishable
1. Falsification of public, official, or
commercial document by a private
 individual (Revised Penal Code, Article 2. The falsification was committed on a
172, Paragraph 1) private document.
2. Falsification of private document by any 3. The falsification caused damage or was
person (Id., Paragraph 2); and committed with intent to cause damage
3. Use of Falsified documents (Id., to a third party. (Malabanan v.
Paragraph 3). Sandiganbayan, G.R. Nos. 186329,
186584-86 & 198598, [August 2, 2017],
815 PHIL 183-204)
Falsification by Falsification by
private persons of private persons of
Complex Crime of Estafa Through Falsification
public documents private documents
GR: Can be regarded as a complex crime, if the
(Par. 1) (Par. 2)
falsification of the commercial documents was
Committed by mere Committed not only used as a means for the commission of the crime
performance of any of by (1) the of estafa.
the acts of performance of any of
falsification the acts of XPN: Can be regarded as a complex crime, if the
enumerated in Art. falsification purpose was only for concealment (People v.
171. enumerated in Art. Benito, G.R. No. 36979, [November 23, 1932], 57
171; but it must PHIL 587-592).
likewise be shown
that (2) such act of Falsification has No Attempted or Frustrated
falsification was Stage
committed to the GR: Falsification is consummated the moment the
damage of a third genuine document is altered or the moment the
party or with intent to false document is executed (Reyes, The Revised
cause such damage. Penal Code, Book Two).

(People v. Po Giok To, G.R. No. L-7236, [April 30,
1955], 96 PHIL 913-920)
Elements of falsification of documents under
Paragraph 1
1. The offender is a private individual or a
public officer or employee who did not
take advantage of his official position;
2. The offender committed any of the acts
of falsification enumerated in Article 171;
and
3. The falsification was committed in a
public or official or commercial
document. (Malabanan v. Sandiganbayan,
G.R. Nos. 186329, 186584-86 & 198598,
[August 2, 2017], 815 PHIL 183-204 citing
Guillergan v. People, G.R. No. 185493,
[February 2, 2011], 656 PHIL 527-536).
Elements of falsification of documents under
Paragraph 2
1. The offender committed any of the acts
of falsification, except those in Article
171 (7).
XPN: There may be frustrated crime of
falsification, if the falsification is imperfect.
(Reyes, The Revised Penal Code, Book Two citing
II Cuello Calon, Codigo Penal, 10th Edition).
Types of Use of Falsified Documents (Par. 3)
1. By introducing in a judicial proceeding;
and
2. By using in any other transaction (Reyes,
The Revised Penal Code, Book Two).
Note: Under this paragraph, the offender shall be
punished with the penalty next lower degree
(Revised Penal Code, Article 172, Paragraph 3).
Elements of Use of Falsified Document by
Introducing in a Judicial Proceeding
1. That the offender knew that a document
was falsified by another person;
2. That the false document is embraced in
art. 171 or in any subdivisions nos. 1 and
2 of Art. 172.
3. That he introduced said document in
evidence in any judicial proceeding.

90
 (Reyes, The Revised Penal Code, Book
Two)
Elements of Use of Falsified Document by Using
in any Other Transaction
1. That the offender knew that a document
was falsified by another person.
2. That the false document is embraced in
Article 171 or in any of subdivisions nos. 1
and 2 of Article 172.
3. That he used such documents (not in
judicial proceedings).
4. That the use of the documents caused
damage to another or at least was used
with intent to cause such damage. (Id.)
ARTICLE 173. FALSIFICATION OF WIRELESS,
CABLE, TELEGRAPH AND TELEPHONE
MESSAGES, AND USE OF SAID FALSIFIED
MESSAGES.
Acts Punishable
1. Uttering fictitious wireless, telegraph or
telephone message;
2. Falsifying wireless, telegraph or
telephone message; and
3. Using such falsified message (Revised
Penal Code, Article 173).
Elements of Uttering Fictitious Wireless,
Telegraph, or Telephone Message or Falsifying
the Same
1. That the offender is an officer or
employee of the government or an officer
or employee of a private corporation,
engaged in the service of sending or
receiving wireless, cable or telephone
message.
2. That the offender commits any of the
following acts:
a. Uttering fictitious wireless,
cable, telegraph, or telephone
message, or
b. Falsifying wireless, cable,
telegraph, or telephone message
(Reyes, The Revised Penal Code,
Book Two).
Elements of Use of Falsified Messages
1. That the accused knew that wireless,
cable, telegraph, or telephone message
was falsified by any of the person
91
specified in the first paragraph of Article
173.
2. That the accused used such falsified
dispatch.
3. That the use of the falsified dispatch
resulted in the prejudice of a third party,
or that the use thereof was with intent to
cause such prejudice (Id.).
ARTICLE 174. FALSE MEDICAL CERTIFICATES,
FALSE CERTIFICATES OF MERITS OR SERVICE,
ETC.
Certificate
A "certified statement" or "a written declaration
legally authenticated" (Board of Election
Inspectors v. Piccio, G.R. No. L-1852, October 14,
1948)
Persons Liable
1. Physician or surgeon who, in connection
with the practice of his profession, issued
a false certificate.
Note: The crime here is False Medical
Certificate by a physician. (Reyes, The
Revised Penal Code, Book Two)
2. Public officer who issued a false
certificate of merit of service, good
conduct or similar circumstances.
Note: The crime here is False Certificate
of Merit or Service by a Public Officer.
(Id.).
3. Private individual who falsified a
certificate falling in the cases mentioned
in paragraphs 1 and 2 (Revised Penal
Code, Article 174).
Note: The crime here is either False
Medical Certificate by a Private Individual
or False Certificate of Merit or Service by
a Private Individual. (Reyes, The Revised
Penal Code, Book Two)
ARTICLE 175. USING FALSE CERTIFICATES
Elements of Using False Certificates
 1. That a physician or surgeon has issued a
false medical certificate, or a public
officer has issued a false certificate of
merit or service, good conduct, or similar
circumstances, or a private person had
falsified any of said certificates.
2. That the offender knew that the
certificate was false.
3. That he used the same (Reyes, The
Revised Penal Code, Book Two)
ARTICLE 176. MANUFACTURING AND
POSSESSION OF INSTRUMENTS OR IMPLEMENTS
FOR FALSIFICATION.
Acts punishable
1. Making or introducing into the Philippines
any stamps, dies or marks or other
instruments or implements for
counterfeiting or falsification.
2. Possessing with intent to use the
instruments or implements for
counterfeiting or falsification made in or
introduced into the Philippines by another
person (Revised Penal Code, Article 176).
CHAPTER TWO — OTHER FALSITIES
SECTION ONE: USURPATION OF AUTHORITY,
RANK, TITLE, AND IMPROPER USE OF
NAMES, UNIFORMS AND INSIGNIA
ARTICLE 177. USURPATION OF AUTHORITY OR
OFFICIAL FUNCTIONS.
Punishable Acts
1. By knowingly and falsely representing
oneself to be an officer, agent or
representative of any department or
agency of the Philippine government or
any foreign government.
2. By performing an act pertaining to any
person in authority or public officer of
the Philippine government or foreign
government under the pretense of such
official position, and without being
lawfully entitled to do so. (Revised Penal
Code, Article 177)
Note: Under this second punishable act,
it is essential that the offender should
92
have performed an act pertaining to a
person in authority or public officer, in
addition to the other requirements
(Reyes, The Revised Penal Code, Book
Two)
Persons that may be made liable
There is actually no reason to restrict the
operation of Article 177 to private individuals.
For one thing it applies to "any person"; and
where the law does not distinguish, we should not
distinguish. Furthermore, contrary to appellant's
assumption that Articles 238-241 of the Revised
Penal Code penalize all kinds of usurpation of
official functions by public officers, said articles
merely punish interference by officers of one of
the three departments of government
(legislative, executive and judicial) with the
functions of officials of another department. Said
articles do not cover usurpation of one officer or
employee of a given department of the powers of
another officer in the same department. (People
v. Hilvano, G.R. No. L-8583, [July 31, 1956], 99
PHIL 655-658)
ARTICLE 178. USING FICTITIOUS NAME AND
CONCEALING TRUE NAME.
Fictitious name
Any other name which a person publicly applies
to himself without authority of law is a fictitious
name. (Reyes, The Revised Penal Code, Book Two)
Note: The name of a person is what appears in
his birth certificate. The name of a person refers
to his first name, surname, and maternal name.
Any other name which a person publicly applies
to himself without authority of law is a fictitious
name.
Acts Punishable
1. Using fictitious name; and
2. Concealing true name.
Elements of Using Fictitious Name
1. That the offender uses a name other than
his real name;
2. That he uses that fictitious name publicly.
3. That the purpose of the offender is:
a. To conceal a crime,
 b. To evade the execution of a
judgment, or
c. To cause damage to public
interest (Revised Penal Code,
Article 178)
Director of Patents, G.R. No. L-20635, March 31,
1966)
SECTION TWO: FALSE TESTIMONY

Elements of Concealing True Name Punishable acts involving false testimony

1. That the offender conceals: False testimony against the defendants — An
a. His true name, and offense committed by any person who shall give
b. All other personal circumstances. false testimony against the defendant in any
2. That the purpose is only to conceal his criminal case. (RPC, Article 180)
identity (Reyes, The Revised Penal Code,
Book Two) False testimony favorable to the defendants — An
offense committed by any person who shall give
Fictitious Name Concealing True false testimony in favor of the defendant in a
Name criminal case. (RPC, Article 181)
False testimony in civil cases — An offense
Publicity must be Publicity is not committed by any person who gives false
present. necessary. testimony in a civil case. (Revised Penal Code,
Article 182)
The purpose is to The purpose is to
conceal a crime, to merely conceal Three (3) Forms of False Testimony under this
evade the execution identity. Section.
of a judgment, or to 1. False testimony in criminal cases (Articles
cause damage. 180-181);
2. False testimony in civil cases (Art 182);
(Reyes, The Revised Penal Code, Book Two)
and
3. False testimony in other cases (Art 183).
ARTICLE 179. ILLEGAL USE OF UNIFORMS OR
INSIGNIA.

ARTICLE 180. FALSE TESTIMONY AGAINST A

Elements of Illegal Use of Uniforms or Insignia
DEFENDANT.
1. The offender makes use of Insignia,
uniform, or dress;
Elements of False Testimony against a
2. The insignia, uniform, or dress pertains to
Defendant
an office not held by the offender or to a
1. There be a criminal proceeding;
class of persons of which he is not a
2. The offender testifies falsely under oath
member; and
against the defendant therein;
3. Said insignia, uniform, or dress is used
3. The offender who gives false testimony
Publicly and improperly (Revised Penal
knows that it is false; and
Code, Article 179).
4. The defendant against whom the false
testimony is given is either acquitted or
Colorable resemblance/imitation
convicted in a final judgment (People v.
Denotes such a close or ingenious imitation as to
Maneja; GR No. 47684, June 10, 1941).
be calculated to deceive ordinary persons, or
such a resemblance to the original as to deceive
an ordinary purchaser giving such attention as a
ARTICLE 181. FALSE TESTIMONY FAVORABLE TO
purchaser usually gives, as to cause him to
THE DEFENDANTS.
purchase the one supposing it to be the other.
(Societe des Produits Nestle v. Court of Appeals,
Need not benefit defendant
G.R. No. 112012, April 4, 2001, citing Etepha v.
The false testimony need not actually benefit the
defendant, there only needs an intention to favor

93
said defendant (See U.S. v. Adolfo, G.R. No. 4803,
[December 19, 1908], 12 PHIL 296-304).
ARTICLE 182. FALSE TESTIMONY IN CIVIL CASES
Civil Actions
One by which a party sues another for the
enforcement or protection of a right, or the
prevention or redress of a wrong. A civil action
may either be ordinary or special. Both are
governed by the rules for ordinary civil actions,
subject to the specific rules prescribed for a
special civil action. (1997 Rules of Civil
Procedure, Sec. 3(a), Rule 1)
Elements of False Testimony in Civil Cases
1. The testimony must be given in a civil
case.
2. The testimony must relate to the issues
presented in said case;
3. The testimony must be false;
4. The false testimony must be given by the
defendant knowing it to be false; and
5. The testimony must be malicious and
given with an intent to affect the issues
presented in said case (US v. Aragon, GR
no. 2709, December 28, 1905).
Applicability
Article 182 applies only to ordinary or special civil
actions and supplementary or ancillary
proceedings therein (US v. Gutierrez, GR No.
4750, January 19, 1909) and not to special
proceedings (Reyes, The Revised Penal Code,
Book Two).
ARTICLE 183. FALSE TESTIMONY IN OTHER
CASES AND PERJURY IN SOLEMN
AFFIRMATION.
Perjury
The willful and corrupt assertion of a falsehood
under oath or affirmation administered by
authority of law on a material matter. (Monfort III
v. Salvatierra, G.R. No. 168301, March 5, 2007,
citing Villanueva v. Secretary of Justice, G.R. No.
162187, November 18, 2005)
Ways of Committing Perjury
1. By falsely testifying under oath; and
2. By making a false affidavit (Revised Penal
Code, Article 183)
94
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;
4. That the sworn statement or affidavit
containing the falsity is required by law.
(Union Bank of the Philippines v. People, GR
No. 192565)
Oath
An outward pledge, given by the person taking it,
that his attestation or promise is made under an
immediate sense of his responsibility to God.
(People v. Bisda, G.R. No. 140895, July 17, 2003,
citing 2 Bouvier's Law Dictionary 248)
An act in which an individual on a single occasion:
(a) appears in person before the notary public;
(b) is personally known to the notary public or
identified by the notary public through
competent evidence of identity as defined by
these Rules; and (c) avows under penalty of law
to the whole truth of the contents of the
instrument or document. (2004 Rules on Notarial
Practice, July 6, 2004, sec. 2, rule II)
Affidavit
Voluntary declaration of facts written down and
sworn to by the declarant before an officer
authorized to administer oaths. (Villa-Ignacio v.
Gutierrez, G.R. No. 193092)
A written statement or declaration of facts that
are sworn or affirmed to be true. (Rule of
Procedure for Small Claims Cases, A.M. No.
08-8-7-SC, September 9, 2008, sec. 3(g))
Material matter
The main fact which was the subject of the
inquiry, or any circumstance which tends to prove
that fact, or any fact or circumstance which
tends to corroborate or strengthen the testimony
relative to the subject of the inquiry, or which
legitimately affects the credit of any witness who
testifies. (U.S. v. Estraña, G.R. No. 5751,
[September 6, 1910], 16 PHIL 520-534 citing In re
Franklin Country, 5 Ohio S. & C. Pl. Dec., 691)
ARTICLE 184 OFFERING FALSE TESTIMONY IN
EVIDENCE.
Elements of Offering False Testimony in
Evidence
1. The offender offered in evidence a False
witness or testimony;
2. The Offer was made in a judicial or
official proceeding; and
3. He Knew the witness or testimony was
false (Revised Penal Code, Article 184).
CHAPTER THREE — FRAUDS
SECTION ONE: MACHINATIONS, MONOPOLIES
AND COMBINATIONS
ARTICLE 185. MACHINATIONS IN PUBLIC
AUCTIONS
Acts Punishable
1. Soliciting any gift or promise as a
consideration for refraining from taking
part in the public auction; and
2. Attempting to cause bidders to stay away
from an auction by threats, gifts,
promises or any artifice (Revised Penal
Code, Article 185).
Elements of First Act
1. That there be a public auction;
2. That the accused solicited any gift or a
promise from any of the bidders;
3. That such gift or promise was the
consideration for his refraining from
taking part in that public auction; and
4. That the accused had the Intent to cause
the reduction of the price of the thing
auctioned (Id.).
Elements of Second Act
1. That there be a public auction;
2. That the accused attempted to cause the
buyers to stay away from that public
auction;
3. That it was done by threats, gifts,
promises or any other artifice; and
4. That the accused had the intent to cause
the reduction of the price of the thing
(Id.).
95
ARTICLE 186. MONOPOLIES AND COMBINATIONS
IN RESTRAINT OF TRADE
Article 186 of the RPC has been repealed by the
Philippine Competition Act: Provided, That
violations of Article 186 of the Revised Penal
Code committed before the effectivity of this
Act may continue to be prosecuted unless
1) The same have been barred by
prescription, and
2) Subject to the procedure under Section
31 of this Act; (Philippine Competition
Act, Republic Act No. 10667, [July 21,
2015], Section 55[a])
ARTICLE 187. IMPORTATION AND DISPOSITION
OF FALSELY MARKED ARTICLES OR
MERCHANDISE MADE OF GOLD, SILVER OR
OTHER PRECIOUS METALS OR THEIR ALLOYS
Articles or merchandise involved:
Those made of –
1. Gold,
2. Silver,
3. Other precious metals, or
4. Their alloys. (Revised Penal Code, Article
187)
Punishable Acts:
1. Import or
2. Sell or
3. Dispose of any article or merchandise
made of gold, silver, or other precious
metals, or their alloys, with stamps,
brands, or marks which fail to indicate
the actual fineness or quality of said
metals or alloys (Id.).
Note: Since the law uses the word “or,” it
connotes that any of the three (3) acts are
punishable.
Elements
1. That the offender imports, sells or
disposes any of those articles or
merchandise;
2. That the stamps, brands or marks of
those articles or merchandise fail to
indicate the actual fineness or quality of
said metal or alloy; and
3. That the offender knows that the stamps,
brands, or marks fail to indicate the
 actual fineness or quality of said metal or Schedules annexed to the 1971 Single
alloy (Id.). Convention on Psychotropic Substances as
enumerated in the attached annex which
is an integral part of this Act.
Article 187 Article 315 2(b)
4. Den, Dive or Resort – a place where any
The act punishable is The act punishable is dangerous drug and/or controlled
the importing, selling the altering the precursor and essential chemical is
or disposing falsely quality, fineness or administered, delivered, stored for illegal
marked articles or weight of anything purposes, distributed, sold or used in any
merchandise made of pertaining to his art form.
gold, silver or other or business executed 5. Dispense – any act of giving away, selling
precious metals or prior to or or distributing medicine or any dangerous
their alloys. simultaneously with drug with or without the use of
the commission of the prescription.
fraud 6. Drug Syndicate – any organized group of
two (2) or more persons forming or
(See Revised Penal Code, Articles 187 and 315 joining together with the intention of
2[b]) committing any offense prescribed under
this Act.
E. CRIMES RELATIVE TO OPIUM AND OTHER 7. Financier – any person who pays for,
PROHIBITED DRUGS raises or supplies money for, or
underwrites any of the illegal activities
prescribed under this Act.
1. COMPREHENSIVE DANGEROUS DRUGS ACT 8. Illegal Trafficking – the illegal cultivation,
OF 2002 [R.A. NO. 9165 AS AMENDED BY culture, delivery, administration,
R.A. NO. 10640; Section 21 of the dispensation, manufacture, sale, trading,
Implementing Rules and Regulations transportation, distribution, importation,
(IRR)] exportation and possession of any
dangerous drug and/or controlled
precursor and essential chemical.
Definitions
9. Manufacture – the production,
1. Administer — any act of introducing any
preparation, compounding or processing
dangerous drug into the body of any
of any dangerous drug and/or controlled
person, with or without his/her
precursor and essential chemical, either
knowledge, by injection, inhalation,
directly or indirectly or by extraction
ingestion or other means, or of
from substances of natural origin, or
committing any act of indispensable
independently by means of chemical
assistance to a person in administering a
synthesis or by a combination of
dangerous drug to himself/herself unless
extraction and chemical synthesis, and
administered by a duly licensed
shall include any packaging or
practitioner for purposes of medication.
repackaging of such substances, design or
2. Controlled Precursors and Essential
configuration of its form, or labeling or
Chemicals — include those listed in
relabeling of its container; except that
Tables I and II of the 1988 UN Convention
such terms do not include the
Against Illicit Traffic in Narcotic Drugs and
preparation, compounding, packaging or
Psychotropic Substances as enumerated
labeling of a drug or other substances by
in the attached annex, which is an
a duly authorized practitioner as an
integral part of this Act.
incident to his/her administration or
3. Dangerous Drugs — include those listed
dispensation of such drug or substance in
in the Schedules annexed to the 1961
the course of his/her professional
Single Convention on Narcotic Drugs, as
practice including research, teaching and
amended by the 1972 Protocol, and in the
chemical analysis of dangerous drugs or

96
 such substances that are not intended for
sale or for any other purpose.
10. 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.
11. Pusher – any person who sells, trades,
administers, dispenses, delivers or gives
away to another, on any terms
whatsoever, or distributes, dispatches in
transit or transports dangerous drugs or
who acts as a broker in any of such
transactions, in violation of this Act.
12. Sell – any act of giving away any
dangerous drug and/or controlled
precursor and essential chemical whether
for money or any other consideration.
13. Trading – transactions involving the illegal
trafficking of dangerous drugs and/or
controlled precursors and essential
chemicals using electronic devices such
as, but not limited to, text messages,
email, mobile or landlines, two-way
radios, internet, instant messengers and
chat rooms or acting as a broker in any of
such transactions whether for money or
any other consideration in violation of
this Act.
14. Use – any act of injecting, intravenously
or intramuscularly, of consuming, either
by chewing, smoking, sniffing, eating,
swallowing, drinking or otherwise
introducing into the physiological system
of the body, and of the dangerous drugs.
(R.A. 9165, Section 3, as amended)
Classification of Drugs
1. Dangerous Drugs; and
2. Controlled Precursors and Essential
Chemicals (CPEC). (R.A. 9165)
Acts Punishable
1. Importation of dangerous drugs and CPECs
(Section 4);
97
2. Sale, administration, delivery,
distribution and transportation of
dangerous drugs and CPECs (Section 5);
3. Maintenance of a den, dive or resort
(Section 6);
4. Employees or visitors of drug den (Section
70;
5. Manufacture of dangerous drugs and
CPECs (Section 8);
6. Illegal chemical diversion of CPECs
(Section 9)
7. Manufacture or delivery of equipment,
instrument, apparatus, and other
paraphernalia for dangerous drugs and
CPECs (Section 10)
8. Possession of dangerous drugs (Section
11)
9. Possession of equipment, instrument,
apparatus, and other paraphernalia for
dangerous drugs (Section 12);
10. Possession of dangerous drugs during
parties, social gatherings or meetings
(Section 13);
11. Possession of equipment, instrument,
apparatus, and other paraphernalia for
dangerous drugs during parties, social
gatherings or meetings (Section 14);
12. Use of dangerous drugs (Section 15);
13. Cultivation or culture of plants classified
as dangerous drugs or are sources thereof
(Section 16);
14. Maintenance and keeping of original
records of transactions on dangerous
drugs or CPECs (Section 17);
15. Unnecessary prescription of dangerous
drugs (Section 18); and
16. Unlawful prescription of dangerous drugs
(Section 19).
First Act — Importation of Dangerous Drugs
and/or Controlled Precursors and Essential
Chemicals.
Acts Punished
1. Any person, who, unless authorized by
law, shall import or bring into the
Philippines any dangerous drug,
regardless of the quantity and purity
involved, including any and all species of
opium poppy or any part thereof or
substances derived therefrom even for
floral, decorative and culinary purposes.
 2. Any person, who, unless authorized by
law, shall import any controlled precursor
and essential chemical.
3. Any person, who acts as a
"protector/coddler" of any violator of the
provisions under this Section.
Qualifying Circumstances
1. Upon any person, who shall import or
bring into the Philippines any dangerous
drug and/or controlled precursor and
essential chemical through the use of a
diplomatic passport, diplomatic facilities
or any other means involving his/her
official status intended to facilitate the
unlawful entry of the same
2. Upon any person, who organizes,
manages or acts as a "financier" of any of
the illegal activities prescribed in this
Section.
Elements of Importation
1. Accused imports or brings into the
Philippines any dangerous drug,
controlled precursor, and/or essential
chemical;
2. With no authority under the law to import
such.
Second Act — Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals.
Acts Punished
1. Any person, who, unless authorized by
law, shall sell, trade, administer,
dispense, deliver, give away to another,
distribute, dispatch in transit or transport
any dangerous drug, including any and all
species of opium poppy regardless of the
quantity and purity involved, or shall act
as a broker in any of such transactions.
2. Any person, who, unless authorized by
law, shall sell, trade, administer,
dispense, deliver, give away to another,
distribute, dispatch in transit or transport
any controlled precursor and essential
chemical, or shall act as a broker in such
transactions.
98
3. Any person, who acts as a
"protector/coddler" of any violator of the
provisions under this Section.
Qualifying Circumstances
1. Sale, trading, administration,
dispensation, delivery, distribution or
transportation of any dangerous drug
and/or controlled precursor and essential
chemical transpires within one hundred
(100) meters from the school.
2. Drug pushers who use minors or mentally
incapacitated individuals as runners,
couriers and messengers, or in any other
capacity directly connected to the
dangerous drugs and/or controlled
precursors and essential chemical trade.
3. Victim of the offense is a minor or a
mentally incapacitated individual, or
should a dangerous drug and/or a
controlled precursor and essential
chemical involved in any offense herein
provided be the proximate cause of death
of a victim.
4. Any person who organizes, manages or
acts as a "financier" of any of the illegal
activities prescribed in this Section
Elements of Sale or Disposition
1. The identity of the buyer and the seller;
2. The object of the sale and consideration;
and
3. The delivery of the thing sold and the
payment therefor.
Elements of Delivery
1. The accused passed on possession
dangerous drugs to another, personally or
otherwise by any means;
2. Such delivery is not authorized by law;
and
3. The accused knowingly made the
delivery.
Third Act — Maintenance of a den, dive or
resort
Acts Punished
1. Any person or group of persons who shall
maintain a den, dive or resort where any
dangerous drug is used or sold in any
form.
 2. Any person or group of persons who shall
maintain a den, dive, or resort where any
controlled precursor and essential
chemical is used or sold in any form.
Qualifying Circumstances
1. Dangerous drugs are administered,
delivered or sold to a minor who is
allowed to use the same in such a place.
2. Dangerous drug is the proximate cause of
the death of a person using the same in
such den, dive, or resort
3. Any person who organizes, manages or
acts as a "financier" of any of the illegal
activities prescribed in this Section.
4. Any person who acts as a 5. Any employment of a practitioner,
"protector/coddler" of any violator of the
provisions under this Section.
Elements of Maintenance
1. Accused maintains a den, dive, resort;
and
2. Dangerous drugs, controlled precursors,
and/or essential chemicals are used or
sold.
Fourth Act — Employees and Visitors of a Den,
Dive or Resort.
Persons Liable
1. Any employee of a den, dive or resort,
who is aware of the nature of the place
as such; and
2. Any person who, not being included in the
provisions of the next preceding,
paragraph, is aware of the nature of the
place as such and shall knowingly visit the
same
Elements of Employees and Visitors
1. Such person is either an employee or a
visitor of the den, dive, resort; and
2. He/ she is aware of the nature of the
place — If a visitor, he knowingly visits
the same.
Fifth Act — Manufacture of Dangerous Drugs
and/or Controlled Precursors and Essential
Chemicals.
The presence of any controlled precursor and
essential chemical or laboratory equipment in the
99
clandestine laboratory is a prima facie proof of
manufacture of any dangerous drug.
Qualifying Circumstances
1. Any phase of the manufacturing process
was conducted in the presence or with
the help of minor/s:
2. Any phase or manufacturing process was
established or undertaken within one
hundred (100) meters of a residential,
business, church or school premises;
3. Any clandestine laboratory was secured
or protected with booby traps;
4. Any clandestine laboratory was concealed
with legitimate business operations;
chemical engineer, public official or
foreigner.
6. Any person, who organizes, manages or
acts as a "financier" of any of the illegal
activities prescribed in this Section.
7. Any person, who acts as a
"protector/coddler" of any violator of the
provisions under this Section.
Sixth Act — Illegal Chemical Diversion of
Controlled Precursors and Essential Chemicals.
Elements of Illegal Chemical Diversion
1. Accused illegally diverts any controlled
precursor and/or essential chemical; and
2. Without authority under the law.
Seventh Act — Manufacture or Delivery of
Equipment, Instrument, Apparatus, and Other
Paraphernalia for Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals.
Acts Punished
1. Any person who shall deliver, possess with
intent to deliver, or manufacture with
intent to deliver equipment, instrument,
apparatus and other paraphernalia for
dangerous drugs, knowing, or under
circumstances where one reasonably
should know, that it will be used to plant,
propagate, cultivate, grow, harvest,
manufacture, compound, convert,
produce, process, prepare, test, analyze,
pack, repack, store, contain or conceal
any dangerous drug and/or controlled
precursor and essential chemical
 2. If such equipment, instrument, 7. 500 grams or more of marijuana;
apparatus, and other paraphernalia is and
used to inject, ingest, inhale or otherwise 8. 10 grams or more of other
introduce into the human body a dangerous drugs such as, but not
dangerous drug. limited to,
methylenedioxymethamphetamin
Elements of Manufacture or Delivery e (MDA) or "ecstasy",
1. Accused delivers / possesses with intent paramethoxyamphetamine (PMA),
to deliver / manufacture with intent to trimethoxyamphetamine (TMA),
deliver paraphernalia for dangerous lysergic acid diethylamide (LSD),
drugs. gamma hydroxyamphetamine
2. Such accused has knowledge or is under (GHB), and those similarly
circumstances where he/she should designed or newly introduced
reasonably know that it will be used to drugs and their derivatives,
plant, propagate, cultivate, grow, without having any therapeutic
harvest, manufacture, compound, value or if the quantity possessed
convert, produce, process, prepare, test, is far beyond therapeutic
analyze, pack, repack, store, contain or requirements, as determined and
conceal any dangerous drug and/or promulgated by the Board.
controlled precursor and essential
chemical. Ninth Act — Possession of Equipment,
Instrument, Apparatus and Other Paraphernalia
Qualifying Circumstance for Dangerous Drugs.
Any person, who uses a minor or a mentally
incapacitated individual to deliver such Acts Punished
equipment, instrument, apparatus and other 1. Any person, who, unless authorized by
paraphernalia for dangerous drugs. law, shall possess or have under his/her
control any equipment, instrument,
Eighth Act — Possession of Dangerous Drugs apparatus and other paraphernalia fit or
intended for smoking, consuming,
Elements of Illegal Possession of Drugs administering, injecting, ingesting, or
1. The accused was in possession of introducing any dangerous drug into the
prohibited drug; body: Provided, That in the case of
2. Such possession is not authorized by law; medical practitioners and various
and professionals who are required to carry
3. The accused freely and consciously such equipment, instrument, apparatus
possessed the prohibited drug. and other paraphernalia in the practice of
Qualifying Circumstances their profession, the Board shall prescribe
Any person, who, unless authorized by law, shall the necessary implementing guidelines
possess any dangerous drug in the following thereof.
quantities, regardless of the degree of purity 2. The possession of such equipment,
thereof: instrument, apparatus and other
1. 10 grams or more of opium; paraphernalia fit or intended for any of
2. 10 grams or more of morphine; the purposes enumerated in the
3. 10 grams or more of heroin; preceding paragraph shall be prima facie
4. 10 grams or more of cocaine or evidence that the possessor has smoked,
cocaine hydrochloride; consumed, administered to
5. 50 grams or more of himself/herself, injected, ingested or
methamphetamine hydrochloride used a dangerous drug and shall be
or "shabu"; presumed to have violated Section 15 of
6. 10 grams or more of marijuana this Act.
resin or marijuana resin oil;

100
Elements of Illegal Possession of Equipment,
Instrument, Apparatus, and Other Paraphernalia
for Dangerous Drugs
1. Possession or control by the accused of
any equipment, apparatus, or other
paraphernalia fit or intended for smoking,
consuming, administering, injecting,
ingesting or introducing any dangerous
drug into the body; and
2. Such possession is not authorized by law.
Tenth Act — Possession of Dangerous Drugs
During Parties, Social Gatherings or Meetings
Acts Punished
Any person found possessing any dangerous drug
during a party, or at a social gathering or
meeting, or in the proximate company of at least
two (2) persons, shall suffer the maximum
penalties in Section 11 regardless of the quantity
and purity of such dangerous drugs.
Eleventh Act — Possession of Equipment,
Instrument, Apparatus and Other Paraphernalia
for Dangerous Drugs During Parties, Social
Gatherings or Meetings.
Maximum penalty in Section 12 - Any person,
who shall possess or have under his/her control
any equipment, instrument, apparatus and other
paraphernalia fit or intended for smoking,
consuming, administering, injecting, ingesting, or
introducing any dangerous drug into the body,
during parties, social gatherings or meetings, or
in the proximate company of at least two (2)
persons.
Twelfth Act — Use of Dangerous Drugs
Elements of Dangerous Drugs
1. Accused is apprehended or arrested
2. He/ she tests positive for use of any
dangerous drug
Thirteenth Act — Cultivation or Culture of
Plants Classified as Dangerous Drugs or are
Sources Thereof.
Acts Punished
Any person, who shall plant, cultivate or culture
marijuana, opium poppy or any other plant
regardless of quantity, which is or may hereafter
101
be classified as a dangerous drug or as a source
from which any dangerous drug may be
manufactured or derived
Provided, That in the case of medical laboratories
and medical research centers which cultivate or
culture marijuana, opium poppy and other plants,
or materials of such dangerous drugs for medical
experiments and research purposes, or for the
creation of new types of medicine, the Board
shall prescribe the necessary implementing
guidelines for the proper cultivation, culture,
handling, experimentation and disposal of such
plants and materials.
The land or portions thereof and/or greenhouses
on which any of said plants is cultivated or
cultured shall be confiscated and escheated in
favor of the State
Unless the owner thereof can prove lack of
knowledge of such cultivation or culture despite
the exercise of due diligence
Qualifying Circumstance
Any person, who organizes, manages or acts as a
"financier" of any of the illegal activities
prescribed in this Section.
Fourteenth Act — Maintenance and Keeping of
Original Records of Transactions on Dangerous
Drugs and/or Controlled Precursors and
Essential Chemicals.
Acts Punished
Any practitioner, manufacturer, wholesaler,
importer, distributor, dealer or retailer who
violates or fails to comply with the maintenance
and keeping of the original records of
transactions on any dangerous drug and/or
controlled precursor and essential chemical
Elements of Maintenance and Keeping of
Original Records
1. Accused is a practitioner, manufacturer,
wholesaler, importer, distributor, dealer
or retailer; and
2. He/she violates or fails to comply with
maintaining original records of
transactions on any dangerous drug,
controlled precursor and/or essential
chemical.
Fifteenth Act — Unnecessary Prescription of
Dangerous Drugs
Acts Punished
Practitioner, who shall prescribe any dangerous
drug to any person whose physical or
physiological condition does not require the use
or in the dosage prescribed therein, as
determined by the Board in consultation with
recognized competent experts who are
authorized representatives of professional
organizations of practitioners, particularly those
who are involved in the care of persons with
severe pain.
Elements of Unnecessary Prescription
1. Accused is a practitioner;
2. He/she prescribes a dangerous drug to
any person; and
3. There is no need for such prescription
with regard to the physical or
physiological condition of such person.
Sixteenth Act — Unlawful Prescription of
Dangerous Drugs.
Any person, who, unless authorized by law, shall
make or issue a prescription or any other writing
purporting to be a prescription for any dangerous
drug.
Chain of Custody
1. Immediately after seizure and
confiscation, the apprehending officer
should conduct a physical inventory and
photograph the seized substances at the
place where search warrant is served or
in case of warrantless seizures, at the
nearest police station or nearest office of
the apprehending officer/team.
2. The physical inventory and photograph
taking should be made in the presence of
the following:
a. accused or the person/s from
whom such items were
confiscated and/or seized, or
his/her representative or counsel;
b. an elected public official; and
c. a representative of the National
ProsecutionService or the media.
3. The witnesses should sign copies of the
inventory and be given a copy thereof.
102
4. The seized substance should be placed in
a plastic container and the apprehending
officer should place his marking in the
container and seal the same with a seal,
e.g. adhesive tape, that cannot be
removed without leaving a tear on the
plastic container.
5. The marked evidence must then be
turned over by the apprehending officer
to the investigating officer.
6. The investigating officer must turn over
the marked evidence to the PDEA
Forensic Laboratory for examination
within 24 hours from confiscation.
7. After testing of the seized substance in
the crime laboratory, the forensic
chemist should put his own mark on the
plastic container and seal it again with a
new seal.
8. The forensic chemist should turn-over and
submit the marked illegal drug to the
court.
LAPSES IN PROCEDURE
Minor Lapses — Failure of the apprehending team
to strictly comply with the procedure laid out in
Section 21 of RA 9165 and its IRR does not ipso
facto render the seizure and custody over the
items as void and invalid. [People v. Lim, G.R. No.
223556, (2017)]
Two Conditions that Must be Complied with To
Justify a Minor Procedural Lapse
1. There is Justifiable ground for
noncompliance; and
2. The integrity and evidentiary value of the
seized items are properly Preserved. [id.]
Unjustified Failure to Comply Results to the
Acquittal of the Accused
Unjustified failure of the authorities to comply
with Sec. 21 raises reasonable doubt on the
authenticity of the corpus delicti. [People v. Gaa,
G.R. No. 222559, (2018)]
Rationale: Suffices to rebut the presumption of
regularity in the performance of official duties,
acquitting the accused from liability.
(IMPT) Section 21, R.A. 9165 as amended by
R.A. 10640
SEC. 21. Custody and Disposition of Confiscated,
Seized, and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled
Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory
Equipment. – The PDEA shall take charge and
have custody of all dangerous drugs, plant
sources of dangerous drugs, controlled precursors
and essential chemicals, as well as
instruments/paraphernalia and/or laboratory
equipment so confiscated, seized and/or
surrendered, for proper disposition in the
following manner:
1. The apprehending team having initial
custody and control of the dangerous
drugs, controlled precursors and essential
chemicals, instruments/paraphernalia
and/or laboratory equipment shall,
immediately after seizure and
confiscation, conduct a physical inventory
of the seized items and photograph the
same in the presence of the accused or
the person/s from whom such items were
confiscated and/or seized, or his/her
representative or counsel, with an
elected public official and a surrendered dangerous drugs, plant
representative of the National
Prosecution Service or the media who
shall be required to sign the copies of the
inventory and be given a copy thereof:
Provided, That the physical inventory and
photograph shall be conducted at the
place where the search warrant is served;
or at the nearest police station or at the
nearest office of the apprehending
officer/team, whichever is practicable, in
case of warrantless seizures: Provided,
finally, That noncompliance of these
requirements under justifiable grounds,
as long as the integrity and the
evidentiary value of the seized items are
properly preserved by the apprehending
officer/team, shall not render void and
invalid such seizures and custody over
said items.
2. Within twenty-four (24) hours upon
confiscation/seizure of dangerous drugs,
plant sources of dangerous drugs,
103
controlled precursors and essential
chemicals, as well as
instruments/paraphernalia and/or
laboratory equipment, the same shall be
submitted to the PDEA Forensic
Laboratory for a qualitative and
quantitative examination;
3. A certification of the forensic laboratory
examination results, which shall be done
by the forensic laboratory examiner, shall
be issued immediately upon the receipt
of the subject item/s: Provided, That
when the volume of dangerous drugs,
plant sources of dangerous drugs, and
controlled precursors and essential
chemicals does not allow the completion
of testing within the time frame, a partial
laboratory examination report shall be
provisionally issued stating therein the
quantities of dangerous drugs still to be
examined by the forensic laboratory:
Provided, however, That a final
certification shall be issued immediately
upon completion of the said examination
and certification;
4. After the filing of the criminal case, the
Court shall, within seventy-two (72)
hours, conduct an ocular inspection of
the confiscated, seized and/or
sources of dangerous drugs, and
controlled precursors and essential
chemicals, including the
instruments/paraphernalia and/or
laboratory equipment, and through the
PDEA shall within twenty-four (24) hours
thereafter proceed with the destruction
or burning of the same, in the presence
of the accused or the person/s from
whom such items were confiscated
and/or seized, or his/her representative
or counsel, a representative from the
media and the DOJ, civil society groups
and any elected public official. The Board
shall draw up the guidelines on the
manner of proper disposition and
destruction of such item/s which shall be
borne by the offender: Provided, That
those item/s of lawful commerce, as
determined by the Board, shall be
donated, used or recycled for legitimate
purposes: Provided, further, That a
 representative sample, duly weighed and and burning or destruction of
recorded is retained; seized/surrendered dangerous
5. The Board shall then issue a sworn drugs provided under this Section
certification as to the fact of destruction shall be implemented by the
or burning of the subject item/s which, DOH.
together with the representative
sample/s in the custody of the PDEA,
shall be submitted to the court having
jurisdiction over the case. In all
instances, the representative sample/s
shall be kept to a minimum quantity as F. CRIMES AGAINST PUBLIC MORALS
determined by the Board;
6. The alleged offender or his/her CHAPTER 2: OFFENSES AGAINST DECENCY AND
representative or counsel shall be GOOD CUSTOMS
allowed to personally observe all of the
above proceedings and his/her presence
ARTICLE 200. GRAVE SCANDAL
shall not constitute an admission of guilt.
In case the said offender or accused
Elements of Grave Scandal
refuses or fails to appoint a
1. That the offender performs an act or
representative after due notice in writing
acts;
to the accused or his/her counsel within
2. That such act or acts be highly scandalous
seventy-two (72) hours before the actual
as offending against decency or good
burning or destruction of the evidence in
customs;
question, the Secretary of Justice shall
3. That the highly scandalous conduct is not
appoint a member of the public attorney's
expressly falling within any article of the
office to represent the former;
RPC; and
7. After the promulgation and judgment in
4. That the act or acts complained of be
the criminal case wherein the
committed in a public place or within the
representative sample/s was presented as
public knowledge or view (Article 200,
evidence in court, the trial prosecutor
Revised Penal Code).
shall inform the Board of the final
termination of the case and, in turn, shall
Grave scandal
request the court for leave to turn over
Consists of acts which are offensive to decency
the said representative sample/s to the
and good customs which, having been committed
PDEA for proper disposition and
publicly, have given rise to public scandal to
destruction within twenty-four (24) hours
persons who have accidentally witnessed the
from receipt of the same; and
same (Id.).
8. Transitory Provision:
a. Within twenty-four (24) hours
Acts Punishable
from the effectivity of this Act,
1. The acts punishable by Article 200 are
dangerous drugs defined herein
those which by their publicity and
which are presently in possession
character can cause public scandal among
of law enforcement agencies
the person witnessing them, besides
shall, with leave of court, be
being contrary to morals and good
burned or destroyed, in the
customs (People vs. Dumlao, C.A., 380
presence of representatives of
O.G.3715).
the Court, DOJ, Department of
2. If the act or acts of the offender are
Health (DOH) and the
punished under another article of the
accused/and or his/her counsel,
RPC, Art. 200 is NOT applicable.
and,
3. The acts must be performed in a public
b. Pending the organization of the
place or within public knowledge or view
PDEA, the custody, disposition,

104
 (Page 433 on Reyes, The Revised Penal
Code, Criminal Law: Book Two, Article Note: Slight degree of obscenity not used for art's
153-162, 2021 Edition). sake but for commercial purposes fall under this
article. However, if such illustration with slight
degree of obscenity is used for art's sake, it is not
Public Place Private Place
punishable under this article. (People v. Go Pin,
In public places, When an act 97 Phil 418)
criminal liability offensive to decency
arises irrespective of is done in a private Purpose of Article 201 — The object of the law is
whether the immoral place, public view or to protect the morals of the public.
act is open to the public knowledge is
public view. In short, required. Test of Obscenity
public view is not The test is whether the tendency of the matter
required. charged as obscene, is to deprave or corrupt
those whose minds are open to such immoral
(See Page 438 on Reyes, The Revised Penal Code, influences, and into whose hands such a
Criminal Law: Book Two, Article 153-162, publication may fall and also whether or not such
2021 Edition) publication or act shocks the ordinary and
common sense of men as an indecency. (U.S. v.
ARTICLE 201. IMMORAL DOCTRINES, OBSCENE Kottinger, 45 Phil 352)
PUBLICATIONS AND EXHIBITIONS, AND
INDECENT SHOWS
Moral Indecency Obscene
Persons Liable
Implies It is an act Means
1. Those who shall publicly expound or
conformity against the something
proclaim doctrines openly contrary to
with the good offensive to
public morals.
generally behavior and chastity,
2. The authors of obscene literature,
accepted a just decency, or
published with their knowledge in any
standards of delicacy. delicacy
form; the editors publishing such
goodness or
literature; and the owners/operators of
righteousness
the establishment selling the same.
in conduct or
3. Those who, in theaters, fairs,
character.
cinematographs or any other place,
exhibit indecent or immoral plays,
scenes, acts or shows which are Possession
proscribed and shall include those which: Mere possession of obscene materials, without
a. Glorify criminals or condone intention to sell, exhibit, or give them away, is
crimes; not punishable under Article 201, considering the
b. Serve no other purpose but to purpose of the law is to prohibit the
satisfy the market for violence, dissemination of obscene materials to the public
lust or pornography; (Fernando vs. Court of Appeals, G.R. No. 169751,
c. Offend any race or religion; December 6, 2006).
d. Tend to abet traffic in and use of
prohibited drugs; an “Give away” in Paragraph 3
e. Are contrary to law, public order, ● What is punished by Article 201,
morals, good customs, paragraph 4 (par. 3, as amended), is the
established policies, lawful distribution of indecent literature, etc.,
orders, decrees and edicts. to many people and not merely the
4. Those who shall sell, give away or exhibit isolated, casual or occasional act of
films, prints, engravings, sculptures or giving such kind of literature to a single
literature which are offensive to morals. recipient.

105
 ● The 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 (Pages 437-438 on Reyes, The
Revised Penal Code, Criminal Law: Book
Two, Article 153-162, 2021 Edition).
Note: An isolated, casual or occasional act of
giving indecent literature to one person is not
punishable (Page 437 on Reyes, The Revised Penal
Code, Criminal Law: Book Two, Article 153-162,
2021 Edition).
Disposition of prohibited articles:
The disposition of the literature, films, prints,
engravings, sculptures, paintings or other
materials involved in the violation shall be
governed by the following rules:
1. Upon conviction of the offender – to be
forfeited in favor of the government to
be destroyed.
2. Where the criminal case against the
violator results in an acquittal – to be
forfeited in favor of the government to
be destroyed, after forfeiture
proceedings conducted by the chief
constabulary.
3. The person aggrieved by the forfeiture
action of the Chief of Police may, within
15 days after his receipt of the copy of
the decision, appeal the matter to the
Secretary of the National Defense for
review. The decision of the Secretary of
the National Defense shall be final and
unappealable (Sec. 2, P.D. 969).
ARTICLE 202. VAGRANTS AND PROSTITUTES
Note: Republic Act No. 10158 (2012)
decriminalized vagrancy.
Persons Liable
1. Any person having no apparent means of
subsistence, who has the physical ability
to work and who neglects to apply
himself to some lawful calling
(Mendicant).
2. Any person found loitering about public or
semipublic buildings or places or
106
tramping or wandering about the country
or the streets without visible means of
support.
3. Any idle or dissolute person who lodges in
houses of ill-fame; ruffians or pimps and
those who habitually associate with
prostitutes (Vagrant).
4. Any person who, not being included in the
provisions of other articles of this Code,
shall be found loitering in any inhabited
or uninhabited place belonging to another
without any lawful or justifiable purpose.
5. Prostitutes (Article 202, Revised Penal
Code)
Prostitutes
1. They are women who habitually indulges
in:
a. Sexual intercourse, or
b. Lascivious conduct.
2. For profit or money (Page 443 on Reyes,
The Revised Penal Code, Criminal Law:
Book Two, Article 153-162, 2021 Edition).
Note: An isolated sexual encounter for money
does not make a woman a prostitute. This is same
with a woman who had several intercourses with
different men but not for profit (Id.).
Art. 202 is NOT applicable to minors
Persons below eighteen (18) years of age shall be
exempt from prosecution for the crimes of
vagrancy and prostitution under Art. 202 of the
RPC, of mendicancy under PD 1563, and sniffing
of rugby under PD 1619, such prosecution being
inconsistent with the United Nations Convention
on the Rights of the Child (Page 442 on Reyes,
The Revised Penal Code, Criminal Law: Book Two,
Article 153-162, 2021 Edition).
Provided, That said persons shall undergo
appropriate counseling and treatment program.
(Sec. 58, RA 9344 otherwise known as the
“Juvenile Justice and Welfare Act of 2006”).

SPECIAL PENAL LAWS
1. Anti-Gambling Act (PD 1602, as amended
by RA 9287)
a) Definition of Terms [Sec. 2, RA 9287]
Sec. 2. Definition of Terms. - As used in this Act,
the following terms shall mean:
a) Illegal Numbers Game. - Any form illegal
gambling activity which uses numbers or
combinations thereof as factors in giving
out jackpots.
b) Jueteng. - An illegal numbers game that
involves the combination of thirty-seven
(37) numbers against thirty-seven (37)
numbers from number one (1) to thirty
seven (37) or the combination of
thirty-eight (38) numbers in some areas,
serving as a form of local lottery where
bets are placed and accepted per
combination, and its variants.
c) Masiao. - An illegal numbers game where
the winning combination is derived from
the results of the last game of Jai Alai or
the Special Llave portion or any result
thereof based on any fictitious Jai Alai
game consisting of ten (10) players pitted
against one another, and its variants.
d) Last Two. - An illegal numbers game
where the winning combination is derived
from the last two (2) numbers of the first
prize of the winning Sweepstakes ticket
which comes out during the weekly draw
of the Philippine Charity Sweepstakes
Office (PCSO), and its variants.
e) Bettor ("Mananaya", "Tayador" or
variants thereof). - Any person who
places bets for himself/herself or in
behalf of another person, or any person,
other than the personnel or staff of any
illegal numbers game operation.
f) Personnel or Staff of Illegal Numbers
Game Operation. - Any person, who acts
in the interest of the maintainer,
manager or operator, such as, but not
limited to, an accountant, cashier,
checker, guard, runner, table manager,
usher, watcher, or any other personnel
performing such similar functions in a
107
building structure, vessel, vehicle, or any
other place where an illegal numbers
game is operated or conducted.
g) Collector or Agent ("Cabo", "Cobrador",
"Coriador" or variants thereof). - Any
person who collects, solicits or produces
bets in behalf of his/her principal for any
illegal numbers game who is usually in
possession of gambling paraphernalia.
h) Coordinator, Controller or Supervisor
("Encargado" or variants thereof). - Any
person who exercises control and
supervision over the collector or agent.
i) Maintainer, Manager or Operator. - Any
person who maintains, manages or
operates any illegal number game in a
specific area from whom the coordinator,
controller or supervisor, and collector or
agent take orders.
j) Financiers or Capitalist. - Any person
who finances the operations of any illegal
numbers game.
k) Protector or Coddler. - Any person who
lends or provides protection, or receives
benefits in any manner in the operation
of any illegal numbers game.
b) Punishable Acts [Sec. 3, RA 9287]
Sec. 3. Punishable Acts. - Any person who
participates in any illegal numbers game shall
suffer the following penalties:
a) The penalty of imprisonment from thirty
(30) days to ninety (90) days, if such
person acts as a bettor;
b) The penalty of imprisonment from six (6)
years and one (1) day to eight (8) years,
if such person acts as a personnel or staff
of an illegal numbers game operation;
c) The same penalty shall likewise be
imposed to any person who allows his
vehicle, house, building or land to be
used in the operation of the illegal
numbers games.
d) The penalty of imprisonment from eight
(8) years and one (1) day to ten (10)
years, if such person acts as a collector or
agent;
e) The penalty of imprisonment from ten
(10) years and one (1) day to twelve (12)
years, if such person acts as a
coordinator, controller or supervisor;
 f) The penalty of imprisonment from twelve
(12) years and one (1) day to ten (10)
fourteen (14) years, if such person acts as
a maintainer, manager or operator; and
g) The penalty of imprisonment from
fourteen (14) years and one (1) day to
sixteen (16) years, if such person acts as
a financier or capitalist;
h) The penalty of imprisonment from sixteen
(16) years and one (1) day to twenty (20)
years, if such person acts as protector or
coddler.
G. CRIMES COMMITTED BY PUBLIC OFFICERS
(Arts. 203-245)
CHAPTER 1: PRELIMINARY PROVISIONS
ARTICLE 203. WHO ARE PUBLIC OFFICERS
Public officers
The term embraces every public servant from the
highest to the lowest.
The definition is quite comprehensive, embracing
as it does, every public servant from the highest
to the lowest. For the purposes of the Penal
Code, it obliterates the standard distinction in
the law of public officers between "officer" and
"employee." (Maniego v. People, 88 Phil. 494)
Requisites of Being a Public Officer
1. Taking part in the performance of public
functions in the Government, or
Performing in said Government or in any
of its branches public duties as an
employee, agent or subordinate official,
of any rank or class; and
2. That his authority to take part in the
performance of public functions or to
perform public duties must be:
a. By direct provision of the law, or
b. By popular election, or
c. By appointment by competent
authority. (Article 203, Revised
Penal Code)
Temporary performance — temporary
performance of public functions by a laborer is
sufficient to constitute a person as public officials
108
(Maniego v. People, 88 Phil. 494; People v.
Paloma, 40 O.G., Supp. 10, 2087)
CHAPTER 2: MALFEASANCE AND MISFEASANCE
IN OFFICE
SECTION ONE: DERELICTION OF DUTY
The crimes classified under malfeasance and
misfeasance in office are:
1. Knowingly rendering unjust judgment.
(Art. 204)
2. Rendering judgment through negligence.
(Art. 205)
3. Rendering unjust interlocutory order.
(Art. 206)
4. Malicious delay in the administration of
justice. (Art. 207)
5. Dereliction of duty in prosecution of
offenses. (Art. 208)
6. Betrayal of trust by an attorney or
solicitor revelation of secrets. (Art. 209)
7. Direct bribery. (Art. 210).
Direct Relation to Performance of Official
Duties
It is settled that misconduct, misfeasance, or
malfeasance warranting removal from office of an
officer, must have a direct relation to and be
connected with the performance of official
duties, amounting either to maladministration or
willful, intentional neglect and failure to
discharge the duties of the office (Sarigumba vs.
Pasok, 155 SCRA 646 [1987]). (Callejo, Jr. v.
Garcia, A.M. No. P-88-198 (Resolution), [February
25, 1992], 283 PHIL 411-417)
Misfeasance
It is the improper performance of some act which
might lawfully be done.(Reyes, Book Two, supra
at 446)
Malfeasance
It is the performance of some act which ought not
to be done.(Id. at 447)
Nonfeasance
It is the omission of some act which ought to be
performed. (Words & Phrases, Permanent Edition,
No. 27)
Art. 218 of the Revised Penal Code states that
Nonfeasance consists of the following elements:
1. that the offender is a public
officer, whether in the service or
separated therefrom;
2. that he must be an accountable
officer for public funds or
property;
3. that he is required by law or
regulation to render accounts to
the Commission on Audit, or to a
provincial auditor; and
4. that he fails to do so for a period
of two months after such
accounts should be rendered.
(Manlangit v. Sandiganbayan, G.R.
No. 158014, August 28, 2007)
ARTICLE 204. KNOWINGLY RENDERING UNJUST
JUDGMENT.
Elements of Knowingly Rendering Unjust
Judgment
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 his judgment
is unjust (Heirs of Yasin v. Felix, A.M. No.
RTJ-94-1167, December 4, 1995).
Judgment
It is the final consideration and determination of
a court of competent jurisdiction upon the
matters submitted to it, in an action or
proceeding. (Ruling Case Law, Vol. 15, p. 569,
cited in Gotamco v. Chan Seng, et al., 46 Phil.
542)
Unjust judgment
An unjust judgment is one which is contrary to
law, or is not supported by the evidence, or
both.(De la Cruz v. Concepcion, A.M. No.
RTJ-93-1062, August 25, 1994)
Source of Unjust Judgment.
1. Error;
2. Ill will or revenge; (Heirs of Yasin v. Felix,
A.M. No. RTJ-94-1167, December 4, 1995)
or
3. Bribery.
109
Bad faith is the ground of liability — It is well
settled that a judicial officer, when required to
exercise his judgment or discretion, is not
criminally liable for any error which he commits,
provided he acts in good faith.
Bad faith is therefore the ground of liability. If in
rendering judgment the judge fully knew that the
same was unjust in the sense aforesaid, then he
acted maliciously and must have been actuated
and prevailed upon by hatred, envy, revenge,
greed, or some other similar motive. The term
'knowingly' means sure knowledge, conscious and
deliberate intention to do an injustice. Mere
error therefore in the interpretation or
application of the law does not constitute the
crime. The nature of the administrative charge of
knowingly rendering an unjust judgment is the
same as the criminal charge. (Heirs of Yasin v.
Felix, A.M. No. RTJ-94-1167, December 4, 1995)
Evidence — It must be shown beyond doubt that
the judgment is unjust in the sense that is
contrary to law, or is not supported by the
evidence, and that the same was made with
conscious and deliberate intent to do an
injustice. (Sta. Maria v. Ubay, 87 SCRA 179)
Deliberate Intent to Perpetrate an Injustice
A charge of knowingly rendering an unjust
judgment constitutes a criminal offense. The
keyword in said offense is "knowingly." Thus, the
complainant must not only prove beyond
reasonable doubt that the judgment is patently
contrary to law or not supported by the evidence
but that it was also made with deliberate intent
to perpetrate an injustice. A judge's mere error in
the interpretation or application of the law per se
will not warrant the imposition of an
administrative sanction against him for no one is
infallible. Good faith and absence of malice,
corrupt motives or improper consideration are
sufficient defenses that will protect a judicial
officer from the charge of rendering an unjust
decision (Basa Air Base Savings & Loans
Association, Inc. v. Judge Gregorio G. Pimentel,
Jr.).
Not Applicable to Members of a Collegiate Court
Article 204 has no application to the members of
a collegiate court such as the Court or its
Divisions who reach their conclusions in
consultation and accordingly render their
collective judgment after due deliberation. (In
re: Wenceslao Laureta, G.R. No. 68635, March 12,
1987)
ARTICLE 205. JUDGMENT RENDERED THROUGH
NEGLIGENCE
Elements of Judgment Rendered through
Negligence
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 his inexcusable
negligence or ignorance. (Article 205,
Revised Penal Code)
How is a judgment manifestly unjust?
It is so manifestly contrary to law, that even a
person having a meager knowledge of the law
cannot doubt the injustice.
Mere error of judgment — It cannot serve as
basis for a charge of knowingly rendering an
unjust judgment, where there is no proof or even
allegation of bad faith, or ill motive, or improper
consideration. (Yaranon v. Judge Rubio, 66 SCRA
67)
Judicial declaration — before a civil or criminal
action against a judge for a violation of Art. 204
and 205 (knowingly rendering an unjust judgment
or order) can be entertained, there must first be
"a final and authoritative judicial declaration that
the decision or order in question is indeed
"unjust" (De Vera v. Pelayo, G.R. NO. 137354, July
6, 2000).
ARTICLE 206. UNJUST INTERLOCUTORY ORDER
Elements of Unjust Interlocutory Order
1. That the offender is a judge;
2. That he performs any of the following
acts:
a. Knowingly renders unjust
interlocutory order or decree; or
b. Renders a manifestly unjust
interlocutory order or decree
through inexcusable negligence or
110
ignorance (Article 206, Revised
Penal Code).
What is an interlocutory order?
It is an order which is issued by the court
between the commencement and the end of a
suit or action and which decides some point or
matter, but which, however, is not a final
decision of the matter in issue. (Bouvier's Law
Dictionary)
Test
Does it leave something to be done in the trial
court with respect to the merits of the case?
If it does = it is interlocutory;
If it does not = it is final. (Kapisanan ng mga
Manggagawa sa Maynila Railroad Company v. Yard
Crew Union, et al., 109 Phil. 1143, citing Moran's
Comments on the Rules of Court, 1952 Ed., Vol. I,
p. 41)
ARTICLE 207. MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE.
Elements of Malicious Delay in Administration of
Justice
1. That the offender is a judge;
2. That 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 the case (Article 207,
Revised Penal Code).
Mere delay without malice — without malice in
holding trials or rendering judgments does not
necessarily bring the judge within the operation
of this law (Id.).
ARTICLE 208. PROSECUTION OF OFFENSES;
NEGLIGENCE AND TOLERANCE
Acts Punishable
1. By maliciously refraining from instituting
prosecution against violators of the law.
2. By maliciously tolerating the commission
of offenses (Article 208, Revised Penal
Code).

Elements of Dereliction of Duty
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 to be
committed, he tolerates its commission.
3. That the offender acts with malice and
deliberate intent to favor the violator of
the law. (Reyes, Book Two, supra at 453)
Persons Liable
1. Officer of the law; and
2. Public officer.
Who are officers of the law?
They are those who, by reason of the position
held by them, are duty bound to cause the
prosecution and punishment of the offenders.
Duty to prosecute — There must be a duty on the
part of the public officer to prosecute or to move
the prosecution of the offender.
Crime must be proved before conviction for
dereliction — the crime committed by the
law-violator must be proved first. If the guilt of
the law-violator is not proved, the person
charged with dereliction of duty under this article
is not liable. (U.S. v. Mendoza, supra)
Liability of Public Officer
The principal in the crime of dereliction of duty
in the prosecution of offenses.
Such a public officer is not merely an accessory.
He is a principal in the crime defined and
penalized in Article 208. (Reyes, Book Two, supra
at 455)
ARTICLE 209. Betrayal of trust by an attorney
or solicitor.
Acts Punishable
1. By causing damage to his client, either:
111
a. By any malicious breach of
professional duty,
b. By inexcusable negligence or
ignorance.
2. By revealing any of the secrets of his
client learned by him in his professional
capacity.
3. By undertaking the defense of the
opposing party in the same case, without
the consent of his first client, after
having undertaken the defense of said
first client or after having received
confidential information from said client
(Article 209, Revised Penal Code).
Damage
Under the first act, when the attorney acts (1)
with malicious abuse of his employment or (2)
inexcusable negligence or ignorance, there must
be damage to his client. (Reyes, Book Two, supra
at 456)
Under the second act, damage is not necessary.
Client’s consent
If the client consents to the attorney's taking the
defense of the other party, there is no crime.
If the client seeks his lawyer's advice with respect
to a crime he committed, he is given the
protection of a virtual confessional seal which the
attorney-client privilege declares cannot be
broken by the attorney without the client's
consent (BOADO, supra at 597).
SECTION TWO: BRIBERY
ARTICLE 210. DIRECT BRIBERY.
Acts Punishable
1. 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.
2. 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.
 3. By agreeing to refrain, or by refraining,
from doing something which it is his
official duty to do, in consideration of
gift or promise. (Article 210, Revised
Penal Code)
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:
a. With a view to committing some
crime; or
b. In consideration of the execution
of an act which does not
constitute a crime, but the act
must be unjust; or
c. to refrain from doing something
which it is his official duty to do.
4. That the act which the offender agrees to
perform or which he executes be
connected with the performance of his
official duties. (Reyes, Book Two, supra at
458)
Who is a public officer?
The definition of "public officers" in Article 203 is
quite comprehensive, embracing as it does, every
public servant from the highest to the lowest. (Id.
at 458)
The temporary performance of public functions is
sufficient to constitute a person a public officer.
(Maniego v. People, 88 Phil. 494)
Gift or Present
Article 210 uses the phrase "in consideration of
any offer, promise," etc. Hence, a promise of gift
to a public officer who accepts such promise is
sufficient (Reyes, Book Two, supra at 459)
In case there is only an offer of gift or a promise
to give something, the offer or the promise must
be accepted by the public officer.(Id. at 459)
The thing offered or accepted may be money,
property, services or anything else of value. It
112
must be of some value, but any value is
sufficient. (Reyes, Book Two, supra at 460)
Direct bribery is a crime involving moral
turpitude
Moral turpitude can be inferred from the third
element. The fact that the offender agrees to
accept a promise or gift and deliberately commits
an unjust act or refrains from performing an
official duty in exchange for some favors, denotes
a malicious intent on the part of the offender to
renege on the duties which he owes his fellow
men and society in general. The fact that the
offender takes advantage of his office and
position is a betrayal of the trust reposed on him
by the public.
ARTICLE 211. INDIRECT BRIBERY.
Elements of Indirect Bribery
1. That the offender is a public officer.
2. That he accepts gifts.
3. That the said gifts are offered to him by
reason of his office (Article 211, Revised
Penal Code).
Mere physical receipt
Mere physical receipt unaccompanied by any
other sign, circumstance or act to show such
acceptance is not sufficient to lead the court to
conclude that the crime of indirect bribery has
been committed. To hold otherwise will
encourage unscrupulous individuals to frame up
public officers by simply putting within their
physical custody some gift, money or other
property. (Formilleza v. Sandiganbayan, 159 SCRA
1)
No Attempted or Frustrated Indirect Bribery
Because it is committed by accepting gifts
offered to the public officer by reason of his
office. Such that when there is no acceptance,
there will be no crime.
Direct bribery Indirect bribery
The public officer receives a gift.
 Act Punishable
There is an No such agreement
This article punishes the person who made the
agreement between exists.
offer or promise or gave the gift, even if the gift
the public officer and
was demanded by the public officer and the offer
the giver of the gift
was not made voluntarily prior to the said
or present.
demand by the public officer (Id.).
The offender agrees It is not necessary that
to perform or the officer should do
performs an act or any particular act or CHAPTER 3: FRAUDS AND ILLEGAL EXACTIONS
refrains from doing even promise to do an AND TRANSACTIONS
something, because act, as it is enough that
of the gift or he accepts gifts offered ARTICLE 213. FRAUDS AGAINST THE PUBLIC
promise. to him by reason of his TREASURY AND SIMILAR OFFENSES.
office. (cited in Pozar v.
Court of Appeals, 132 Acts Punishable
SCRA 729). 1. By entering into an agreement with any
interested party or speculator or making
(Reyes, Book Two, supra at 467) use of any other scheme, to default the
Government, in dealing with any person
with regards to furnishing supplies. the
ARTICLE 211 - A. QUALIFIED BRIBERY making of contracts, or the adjustment or
settlement of accounts relating to public
Elements of Qualified Bribery property or funds.
1. That the offender is a public officer 2. By demanding, directly or indirectly, the
entrusted with law enforcement. payment from or larger than those
2. That the offender refrains from arresting authorized by law, of taxes, licenses, fees
or prosecuting an offender who has and other imposts.
committed a crime punishable by 3. By failing voluntarily to issue a receipt, as
reclusion perpetua and/or death. provided by law, for any sum of money
3. That the Offender refrains from arresting collected by him officially, in the
or prosecuting the offender in collection of taxes, licenses, fees and
consideration of any promise, gift or other imposts.
present. 4. By collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or objects of a nature
ARTICLE 212. CORRUPTION OF PUBLIC different from that provided by law, in
OFFICIALS. collection of taxes, licenses, fees and
other imposts. (Article 213, Revised Penal
Elements of Corruption of Public Officials Code)
1. The offender makes to a public officer:
2. The offers or promises are made or the Elements of Fraud Against Public Treasury
gifts or presents given to a public officer, (Paragraph 1)
under circumstances that will make the 1. Offender is a public officer;
public officer liable for direct bribery or 2. He should have taken advantage of his
indirect bribery (Article 212, Revised office, that is, he intervened in the
Penal Code). transaction in his official capacity;
3. He entered into an agreement with any
Who is the offender? interested party or speculator or made
The giver of the gift or the offeror of the use of any other scheme with respect to:
promise. a. Furnishing of supplies;
b. The making of contracts; or

113
 c. The adjustment or settlement of
accounts relating to public
property or funds; and
4. The accused had intent to Defraud the
government. (Reyes, Book Two, Supra at
512)
Public officers must act in an official capacity —
The offender must have the duty as a public
officer to deal with any person.
Consummated by merely entering into an
agreement with any interested Party or
speculator or by merely making use of any other
scheme to defraud the Government.
It is not necessary that the Government is
actually defrauded by reason of the transaction.
It is sufficient that the public officer who acted in
his official capacity had the intent to defraud the
Government.
Elements of Illegal Exactions (Paragraphs 2-4)
1. 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:
a. Demanding directly, or indirectly,
the payment of sums different
from or larger than those
authorized by law;
b. Failing voluntarily to issue a
receipt, as provided by law, for
any sum of money collected by
him officially;
c. Collecting or receiving, directly
indirectly, by way of payment or
otherwise things or objects of a
nature different from that
provided by law. (Reyes, Book
Two, Supra at 513)
Issuance of receipt
The collecting officer must issue a receipt
otherwise it will constitute illegal extraction.
Article 213 provides that no payment of any
nature shall be received by a collecting officer
without immediately issuing an official receipt
thereof. (Ganaden v. Bolasco, 64 SCRA 50)
114
Officer or Employees of Bureau of Internal
Revenue or Bureau of Customs
Not covered by Article 213. The National Internal
Revenue Code or the Administrative Code will
govern. (Art. 213, par. 7, as amended by R.A. No.
10951)
ARTICLE 214. OTHER FRAUDS.
Elements of Other Frauds:
1. The offender is a public officer;
2. He takes advantage of his official
position; and;
3. He commits any of the frauds or deceit
enumerated in Arts. 315 to 318. (Article
214, Revised Penal Code)
Articles 315 to 318 Penalizes
1. Estafa;
2. Other forms of swindling;
3. Swindling a minor; and
4. Other deceits.
ARTICLE 215. PROHIBITED TRANSACTIONS.
Elements of Prohibited Transactions
1. The offender is an appointive public
officer;
2. He becomes interested, directly or
indirectly, in any transaction of exchange
or speculation;
3. The transaction takes place within the
territory subject to his jurisdiction; and
4. He becomes interested in the
transactions during his incumbency.
(Article 215, Revised Penal Code)
Transaction of Exchange or Speculation
It must be that the appointive officer has an
interest in any transaction of exchange or
speculation, such as buying and selling stocks,
commodities, land, etc., hoping to take
advantage of an expected rise and fall of price.
(Reyes, Book Two)
ARTICLE 216. POSSESSION OF PROHIBITED
INTEREST BY A PUBLIC OFFICER.
Persons Liable:
1. Public officer who, directly or indirectly,
become interested in any contract or
business in which it was his official duty
to intervene;
2. Experts, arbitrators and private
accountants who, in like manner, shall
take part in any conduct or transaction
connected with the estate or property in
appraisal, distribution or adjudication of
which they shall have acted; and
3. Guardians and executors with respect to
the property belonging to their wards or
estate. (Article 216, Revised Penal Code)
Actual fraud is not necessary — the act is
punished because of the possibility that fraud
may be committed or that the officer may place
his own interest above that of the government or
party which he represents.
Acts Punishable
1. By appropriating public funds or property;
2. By taking or misappropriating the same;
3. By consenting or through abandonment or
Negligence, permitting any other person
to take such public funds or property; and
4. By being otherwise guilty of the
misappropriation or malversation of such
funds or property. (Article 217, Revised
Penal Code)
Common Elements to All Acts of Malversation
under Article 217
1. Offender is a public officer;
2. He had the custody or control of funds or
property by reason of the duties of his
office;
3. Those funds or property were public
funds or property for which he was
accountable; and
4. He appropriated, took, misappropriated
or consented or through abandonment or
negligence, permitted another person to
take them.

Note: To become convicted for prohibited What is embezzlement?

interest, the intervention must be done by virtue Malversation is otherwise called embezzlement.
of public office in connection with his office, and The word embezzled in phrase or equal to the
not by personal capacity. (People v. Menses, C.A., total value of the property embezzled in the
40 O.G., Supp. 11, 134) penultimate paragraph of Art. 217. (Reyes, Book
Two, Supra at 523)
Prohibited Prohibited interest
What is negligence?
transactions
It is the omission to do something which a
Appointed officer Public officer reasonable man, guided by those considerations
which ordinarily regulate the conduct of human
Within territory No territory subject affairs, would do, or the doing of something
subject of his of his jurisdiction which a prudent man would do. (Leano v
jurisdiction Domingo, G.R. No. 84378, July 4, 1991)

When contract duty to intervene Who is an accountable officer?

necessary One who has custody or control of public property
by reason of the duties of his office (Sec. 101, PD
1445)
CHAPTER 4: MALVERSATION OF PUBLIC FUNDS
Any officer of the local government unit whose
OR PROPERTY
duty permits or requires the possession or custody
of local government funds shall be accountable
ARTICLE 217. MALVERSATION OF PUBLIC FUNDS
and responsible for the safekeeping thereof and
OR PROPERTY; PRESUMPTION OF
other local officers who, though not accountable
MALVERSATION.
by the nature of their duties, may likewise be
similarly held accountable and responsible for

115
local government funds through their Presumption of Malversation
participation in the use or application thereof” Article 217, as amended, no longer requires proof
(Sec. 340, Local Government Code) that the accused actually appropriated, took, or
misappropriated public funds or property.
Nature of the Duties Instead, a presumption, though disputable and
It is the nature of the duties, not relatively rebuttable, was installed that upon demand by
important name given to the office, which is the any duly authorized officer, the failure of a public
controlling factor in determining whether or not officer to have duly forthcoming ai public funds
the accused is an accountable public officer. or property — with which said officer is
(U.S. v Velasquez, 32 Phil. 157) accountable should be prima facie evidence that
he had put such missing fund, or properties to
personal use. When these circumstances are
Applicable to Private Persons present, a “presumption of law” arises that there
1. Acted in conspiracy with public officers. was malversation of Public funds or properties as
2. The private person is in-charge of decreed by Article 217 (Wa-acon v. People, G.R.
national, provincial or municipal funds, 164575, December 6, 2006).
revenues or property.
3. Accessories or accomplices of the public
Malversation Estafa Qualified
officer.
(Article 217) (Article 315) Theft (Article
4. Depositories or administrators of public
310)
funds or property
Can be committed by a public officer over
Penalty public funds, except for malversation, where it
Penalty for malversation is the same whether cannot be committed against private property
committed with malice or through negligence or except in property in legal custody.
imprudence.
The offender No No
Malversation through Dolo or Culpa must be accountability accountability
Malversation may be committed either through a accountable required. required.
positive act of misappropriation of public funds or of funds
property, or passively through negligence.
Taking of Taking of If the
To sustain a charge of malversation, there must public funds public funds is offender who
either be criminal intent or criminal negligence, is estafa if he has mere
and while the prevailing facts of a case may not malversation has acquired physical or
show that deceit attended the commission of the if the public juridical material
offense, it will not preclude the reception of officer is possession if it possession
evidence to prove the existence of negligence accountable and took it took the
because both are equally punishable under Art therefor. with abuse of property with
217 of the RPC. confidence or abuse of
deceit confidence.
Measure of Negligence
It is the standard of care commensurate with the
occasion that is required to be exhausted for a
ARTICLE 218. FAILURE OF ACCOUNTABLE
public officer not be liable for malversation.
OFFICERS TO RENDER ACCOUNTS.

Note: Good faith or lack of criminal intent is only

Elements of Failure of Accountable Officers to
a defense for malversation not committed
Render Accounts
through negligence.
1. The offender is a public officer, whether
in the service or separated therefrom;

116
 2. He must be an accountable officer for
public funds or property;
3. He is required by law or regulation to
render accounts to the Commission on
Audit, or to a provincial auditor; and
4. He fails to do so for a period of two
months after such accounts should be
rendered (Article 218, Revised Penal
Code)
Reason for Article 218
The law does not so much contemplate the
possibility of malversation as the need of
enforcing by a penal provision the performance of
the duty incumbent upon every public employee
who handles government funds to render an
account of all he receives or has in his charge by
reason of his employment. (U.S. v. Saberon, 19
Phil 391)
Demand for accounting is not necessary
Article 218 does not require that there be a
demand by the Commission on Audit or provincial
auditor that the public officer should render an
account.
It is sufficient that there is a law or regulation
requiring him to render an account.
Misappropriation is not necessary
It is not essential that there be misappropriation.
If there is misappropriation, he would be liable
also for malversation under Article 217.
Act of leaving
It must not be authorized or not permitted by
law.
ARTICLE 220. ILLEGAL USE OF PUBLIC FUNDS
OR PROPERTY (TECHNICAL MALVERSATION).
Elements of Illegal Use of Public Funds or
Property
1. Offender is a public officer;
2. There are public funds or property under
his administration;
3. Such funds or property has been
appropriated by law or ordinance; and
4. He applies the same to any public use
other than for which such fund or
property has been appropriated by law or
ordinance (Article 220, Revised Penal
Code)
Law Appropriating Public Funds for a Particular
Reason
There is no technical malversation if there is no
law or ordinance appropriating public funds or
property for a particular purpose.
Criminal Intent is Not an Element of Technical
Malversation
Intent is not an element for technical
malversation. The law punishes the act of
diverting public property earmarked by law or
ordinance for a particular public purpose to
another public purpose. (Ysidro v People, G.R.
No. 192330, November 14, 2012)

ARTICLE 219. FAILURE OF A RESPONSIBLE Technical Malversation

PUBLIC OFFICER TO RENDER ACCOUNTS Malversation (Article (Article 217)
BEFORE LEAVING THE COUNTRY. 220)

Elements of Failure to Render Accounts Before Offenders are accountable public officer
Leaving the Country
1. Offender is a public officer; Does not derive any In certain cases,
2. He must be an accountable for public personal gain or profits from the
funds or property; and profit. proceeds of the
3. He must have unlawfully left (or be at the crime.
point of leaving) the Philippines without
securing from the Commission on audit a The public fund or Public funds and
certificate showing that his accounts have property is applied property are applied
been finally settled. for personal use of

117
 for another public the offender or
use. another person.
Note: Savings are not within the scope of
technical malversation for these are public funds
not appropriated by law. [Abdulla v. People, G.R.
No. 150129 (2005)]
ARTICLE 221. FAILURE TO MAKE DELIVERY OF
PUBLIC FUNDS OR PROPERTY.
Acts Punishable
1. Failing to make payment by a public
officer who is under obligation to make
payment from government funds in his
hands or possession; and
2. Refusal to make delivery by a public
officer who has been ordered by
competent authority to deliver any
property in his custody or under his
administration (Article 221, Revised Penal
Code)
Elements of Failure to Make Payment
1. The public officer has government funds
in his possession;
2. He is under obligation to make payment
from such funds; and
3. He maliciously fails to make the payment.
ARTICLE 222. OFFICERS INCLUDED IN THE
PRECEDING PROVISIONS.
Reason for Article 222
It is to extend the provisions of the Code on
malversation to private individuals. (People v.
Escalante, C.A., 49 O.G. 4397)
Persons Liable
1. Private Individuals who, in any capacity
whatsoever, have charge of any national,
provincial or municipal funds, revenue or
property.
2. Administrator or depository of funds or
property attached, seized, or deposited
by public authority even if such property
belongs to a private individual (Article
222, Revised Penal Code).
118
Administrator and Depository
Includes sheriffs and receivers.
Does not include judicial administrators
appointed to administer the estate of a deceased
person.
Private property — is included, provided that it
is (i) attached, (2) seized, or (3) deposited by
public authority.
CHAPTER FIVE: INFIDELITY OF PUBLIC OFFICERS
SECTION ONE: INFIDELITY IN THE CUSTODY OF
PRISONERS
ARTICLE 223. CONNIVING WITH OR CONSENTING
TO EVASION.
Elements of Conniving with or Consenting to
Evasion
1. That the offender is a public officer.
2. That he had in his custody or charge a
prisoner, either detention prisoner or
prisoner by final judgment.
3. That such prisoner escaped from his
custody.
4. That he was in connivance with the
prisoner in the latter’s escape. (Article
223, Revised Penal Code)
Acts Punishable
1. Any public officer who shall consent to
the escape of the prisoner.
2. Connivance with the prisoner in his
escape. (Id.)
Classes of Prisoners Involved
1. Those sentenced by final judgment to any
penalty;
2. Those held only as detention prisoners for
any crime or violation of law or municipal
ordinance (Id.)
Who is a detention prisoner?
A detention prisoner is a person in legal custody,
arrested for, and charged with, some crime or
public offense.
Relaxation of imprisonment — There is real and
actual evasion of service of a sentence when the
custodian permits the prisoner to obtain a
relaxation of his imprisonment and to escape the
punishment of being deprived of his liberty, thus
making the penalty ineffectual, although the
convict may not have fled. (U.S. v. Bandino, 29
Phil 459)
What is Not Considered as Infidelity in Custody
Leniency, laxity, and release of a detention
prisoner who could not be delivered to judicial
authorities within the time fixed by law is not
infidelity in the custody of a prisoner [People v.
Lancanan, G.R. No. L-6805 (1954)].
ARTICLE 224. EVASION THROUGH NEGLIGENCE.
Elements of Evasion through Negligence
1. That the offender is a public officer.
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. (Article 224, Revised Penal
Code)
Note: Recapture of Prisoner will not result in
complete exculpation.
Act Punishable
What is punished in evasion through negligence is
such definite laxity as all but amounts to
deliberate non-performance of duty on the part
of the guard.
Not every negligence or distraction of a guard is
penalized; it is only that positive carelessness
that is short of deliberate non-performance of his
duties as guard that is the gravamen of the crime
of infidelity under Article 224. (People v. Reyes,
et. al., C.A., 59 O.G. 6664)
“If the evasion of the prisoner shall have taken
place”
Under Article 157, the prisoner must be a convict
by final judgment.
Liability of Escaping Prisoner
1. If the fugitive is serving sentence by
reason of final judgment, he is liable for
119
evasion of the service of the sentence
under Article 157.
2. If the fugitive is only a detention
prisoner, he does not incur criminal
liability.
ARTICLE 225. ESCAPE OF PRISONER UNDER THE
CUSTODY OF A PERSON NOT A PUBLIC OFFICER.
Elements of Escape of Prisoner
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, or
that the escape takes place through his
negligence. (Article 225, Revised Penal
Code)
Custody of Private Individual
Article 225 is not applicable if a private person
was the one who made the arrest and he
consented to the escape of the person arrested.
SECTION TWO: INFIDELITY IN THE CUSTODY OF
DOCUMENTS
ARTICLE 226. REMOVAL, CONCEALMENT, OR
DESTRUCTION OF DOCUMENTS.
Elements of Removal, Concealment, or
Destruction of Documents
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 damage, whether serious or not, to
a third party or to the public interest
should have been caused. (Article 226,
Revised Penal Code)
Officially entrusted with documents or papers
Only public officers who have been officially
entrusted with the documents or papers can be
held liable under Article 226.
Acts Punishable
1. By removing; or
2. By destroying; or
3. By concealing, documents or papers
officially entrusted to the offending
public officer. (Id.)
Intention of the Offender
1. To tamper with it; or
2. To profit by it; or
3. To commit an act constituting a breach of
trust in the official care thereof. (Reyes,
The Revised Penal Code, Book Two, p.
568)
Illicit purpose
To warrant a finding of guilt for the crime of
infidelity in the custody of documents, the act of
removal, as a mode of committing the offense,
should be coupled with criminal intent or illicit
purpose. (Manzanaris v. People, 127 SCRA 201)
Note: Infidelity in the custody of document by
destroying or concealing it does not require proof
of illicit purpose. (Reyes, The Revised Penal
Code, Book Two, p. 569)
Consummation of the Crime
The crime of removal of public document in
breach of official trust is consummated upon its
removal or secreting away from its usually place
in the office and after the offender had gone out
and locked the door, it being immaterial whether
he has or has not actually accomplished the illicit
purpose for which he removed said document.
(Kataniag v. People, 74 Phil. 45)
Existence of Fourth Element
1. Whenever serious damage is caused
thereby to a third party or to the public
interest.
2. Whenever the damage caused to a third
party or to the public interest is not
serious. (Reyes, The Revised Penal Code,
Book Two, p. 569)
ARTICLE 227. OFFICER BREAKING SEAL.
Elements of Officer Breaking Seal
1. That the offender is a public officer.
120
2. That he is charged with the custody of
papers or 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 227, Revised Penal
Code)
Damage or Intent to Cause Damage Not
Necessary
It is sufficient that the seal is broken, even if the
contents are not tampered with.
Article 227 does not require that there be
damage caused or that there be intent to cause
damage.
ARTICLE 228. OPENING OF CLOSED
DOCUMENTS.
Elements of Opening of Closed Documents
1. That the offender is a public officer.
2. That any closed papers, 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.
(Article 228, Revised Penal Code)
Custody
It means guarding or keeping; care.
Act Punishable
The offense would be breaking seal, and not the
crime of opening a closed document, because the
offender must be a public officer “not included in
the provisions of the next preceding article.”
Damage or Intent to Cause Damage Not
Necessary
Article 228 does not require that there be
damage or intent to cause damage.
SECTION THREE: REVELATION OF SECRETS
ARTICLE 229. REVELATION OF SECRETS BY AN
OFFICER.
Acts Punishable
 1. By revealing any secrets known to the
offending public officer by reason of his
official capacity.
2. By delivering wrongful papers or copies of
papers of which he may have charge and
which should not be published. (Article
229, Revised Penal Code)
Elements of First Act
1. That the offender is a public officer.
2. That he knows of a secret by reason of his
official capacity.
3. That he reveals such secret without
authority or justifiable reasons.
4. That damage, great or small, be caused
to the public interest. (Reyes, The
Revised Penal Code, Book Two, p. 574)
Secrets Must Affect Public Interest
If the secret revealed does not affect public
interest, the revelation would constitute no
crime at all.
Secrets of private persons — not included in the
contemplation of Article 229.
Elements of the Second Act
1. That the offender is a public officer.
2. That he has charge of papers.
3. That those papers should not be
published.
4. That he delivers those papers or copies
thereof to a third person.
5. That the delivery is wrongful.
6. That damage be caused to public
interest. (Reyes, The Revised Penal Code,
Book Two, p. 574)
“Charged”
The word “charge” means control or custody.
It seems that if the public officer is merely
entrusted with the papers but not with the
custody of the papers, he is not liable under this
provision. (Reyes, The Revised Penal Code, Book
Two, p. 575)
Damage is Essential
Article 229 provides a higher penalty, if the act
“shall have caused serious damage to the public
interest; otherwise,” a lesser penalty is imposed.
121
It would seem that material damage to a third
person is not necessary.
ARTICLE 230. PUBLIC OFFICER REVEALING
SECRETS OF A PRIVATE INDIVIDUAL.
Elements of Public Officer Revealing Secrets of
a Private Individual
1. That the offender is a public officer.
2. That he knows of the secrets of a private
individual by reason of his office.
3. That he reveals such secrets without
authority or justifiable reason. (Article
230, Revised Penal Code)
Offender is an Attorney-at-Law or a Solicitor
If the offender is an attorney-at-law or a solicitor
and he reveals the secrets of his client learned by
him in his professional capacity he is not liable
under Article 230, but under Article 209.
Damage is Not Necessary
It is not necessary that damage is suffered by the
private individual.
CHAPTER SIX: OTHER OFFENSES OR
IRREGULARITIES BY PUBLIC OFFICER
SECTION ONE — DISOBEDIENCE, REFUSAL OF
ASSISTANCE AND MALTREATMENT OF
PRISONERS
ARTICLE 231. OPEN DISOBEDIENCE.
Elements of Open Disobedience
1. That the offender is a judicial or
executive officer.
2. That there is a judgment, decision, or
order of a superior authority.
3. That such judgment, decision or order
was made within the scope of the
jurisdiction of the superior authority and
issued with all the legal formalities.
4. That the offender without any legal
justification openly refuses to execute
the said judgment, decision or order,
which he is duty bound to obey. (Article
231, Revised Penal Code)
What is open disobedience? (Reyes, The Revised Penal Code, Book Two, p.
Open disobedience is committed by any judicial 580)
or executive officer who shall openly refuse to
execute the judgment, decision, or order of any ARTICLE 234. REFUSAL TO DISCHARGE ELECTIVE
superior authority. OFFICE.

ARTICLE 232. DISOBEDIENCE TO ORDER OF A Elements of Refusal to Discharge Elective Office

SUPERIOR OFFICER, WHEN SAID ORDER WAS 1. That the offender is elected by popular
SUSPENDED BY INFERIOR OFFICER. election to a public office.
2. That he refuses to be sworn in or to
Elements of Disobedience to Order of a discharge the duties of the said office.
Superior Officer 3. That there is no legal motive for such
1. That the offender is a public officer. refusal to be sworn in or to discharge the
2. That an order is issued by his superior for duties of said office (Article 234, Revised
execution. Penal Code).
3. That he has for any reason suspended the
execution of such order.
4. That his superior disapproves of the
suspension of the execution of the order. Not Applicable to Appointive Official
5. That the offender disobeys his superior Article 234 penalizes the refusal to discharge the
despite the disapproval of the suspension. duties of an elective office. Hence, refusal to
(Article 232, Revised Penal Code) discharge the duties of an appointive office is not
covered by this Article. (Reyes, The Revised Penal
Not Applicable if Order is Illegal Code, Book Two, p. 581)
If the order of the superior is illegal, the
subordinate has a legal right to refuse to execute ARTICLE 235. MALTREATMENT OF PRISONERS.
such order, for under the law, obedience to an
order which is illegal is not justified and the Elements of Maltreatment of Prisoners
subordinate who obeys such order may be held 1. That the offender is a public officer or
criminally liable. (Article 11, par. 6) employee.
2. That he has under his charge a prisoner or
ARTICLE 233. REFUSAL OF ASSISTANCE. detention prisoner.
3. That he maltreats such prisoner in either
Elements of Refusal of Assistance of the following manners:
1. That the offender is a public officer. a. By overdoing himself in the
2. That a competent authority demands correction or handling of a
from the offender that he lend his prisoner or detention prisoner
cooperation towards the administration under his charge either –
of justice or other public service. i. By the imposition of
3. That the offender fails to do so punishments not
maliciously (Article 233, Revised Penal authorized by the
Code). regulation, or
ii. By inflicting such
Note: The public officer must have the official punishments (those
duty to render assistance (Amurao, Commentaries authorized) in a cruel and
on Criminal Law, Revised Penal Code, Book Two, humiliating manner; or
Part One, p. 770). b. By maltreating such prisoner to
extort a confession or to obtain
Damage to Public Interest some information from the
It is essential that there must be damage to the prisoner (Article 235, Revised
public interest or to a third party, great or small. Penal Code)

122
Offended Party
1. A convict by final judgment; or
2. A detention prisoner. (Reyes, The Revised
Penal Code, Book Two, p. 583)
Maltreated before being booked and placed in
jail — If an arrested person is maltreated before
he is booked and placed in jail even for a
moment, the offender is liable for physical
injuries only (Reyes, The Revised Penal Code,
Book Two)
Note: Public officers must have direct custody
over the detention prisoner.
If the public officer is not the custodian of the
prisoner and he manhandles the latter - crime is
physical injuries (Id.).
Qualifying Circumstance
If the purpose of the crime is to extort a
confession or to obtain some information from
the prisoner (Amurao, Commentaries on Criminal
Law, Revised Penal Code, Book Two, Part One, p.
774)
No Complex Crime of Maltreatment of Prisoners
with Serious or Less Serious Physical Injuries
There is no complex crime of maltreatment of
prisoners with serious or less serious physical
injuries since Art. 235 states that the penalty
imposed under the article is “in addition to his
liability for the physical injuries or damage
caused.” (Reyes, The Revised Penal Code, Book
Two, p. 494)
SECTION TWO: ANTICIPATION, PROLONGATION,
AND ABANDONMENT OF THE DUTIES AND
POWERS OF PUBLIC OFFICE
ARTICLE 236. ANTICIPATION OF DUTIES OF A
PUBLIC OFFICER.
Elements of Anticipation of Duties
1. That the offender is entitled to hold a
public office or employment, either by
election or appointment.
2. That the law requires that he should first
be sworn in and/or should first give a
bond.
3. That he assumes the performance of the
duties and powers of such office.
123
4. That he has not taken his oath of office
and/or given the bond required by law
(Article 236, Revised Penal Code)
ARTICLE 237. PROLONGING PERFORMANCE OF
DUTIES AND POWERS.
Elements of Prolonging Performance of Duties
and Powers
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 (Article 237,
Revised Penal Code)
Person Liable
A public officer who has been suspended,
separated, declared overage, or dismissed cannot
continue to perform the duties of his office
(Reyes, The Revised Penal Code, Book Two)
ARTICLE 238. ABANDONMENT OF OFFICE OR
POSITION.
Elements of Abandonment of Officer or Position
1. That the offender is a public 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 (Article
238, Revised Penal Code)
Requisites of Resignation
1. Intention to relinquish a part of the term;
2. An act of relinquishment; and
3. An acceptance by the proper authority
(LRTA v. Salvaña, G.R. No. 192074, June
10, 2014).
Qualifying Circumstance
If the abandonment of the office has for its
purpose to evade the discharge of the duties of
preventing, prosecuting, or punishing any of the
crimes against national security and crimes
against public order (Amurao, Commentaries on
Criminal Law, Revised Penal Code, Book Two, Part ARTICLE 240. USURPATION OF EXECUTIVE
One, p. 796) FUNCTIONS.

Note: There must be a written or formal Elements of Usurpation of Executive Functions

resignation (Reyes, The Revised Penal Code, Book 1. That the offender is a judge.
Two) 2. That he (a) assumes power pertaining to
the executive authorities, or (b) obstructs
the executive authorities in the lawful
Abandonment of Negligence and
exercise of their powers (Article 240,
Office (Article 238) Tolerance in
Revised Penal Code)
Prosecution of
Offenses (Article
Note: Legislative officers are not liable for
208)
usurpation of powers (People v. Hilvano, 99 Phil,
Committed by any Committed only by 655)
public officer. public officers who
have the duty to ARTICLE 241. USURPATION OF JUDICIAL
institute prosecution FUNCTIONS.
for the punishment
of violations of the Elements of Judicial Functions
law. 1. That the offender is an officer of the
executive branch of the Government.
The public officer The public officer 2. That he (a) assumes judicial powers, or
abandons his office does not abandon his (b) obstructs the execution of any order
to evade the office but fails to or decision rendered by any judge within
discharge of his duty. prosecute an offense his jurisdiction (Article 241, Revised Penal
by dereliction of duty Code).
or by malicious
tolerance of the Articles 239 to 241
commission of Punishes interference by the officers of one of
offenses. the three departments of the government with
the functions of the officers of another
department. (People v. Hilvano, supra)

SECTION THREE — USURPATION OF POWERS AND

The purpose is to maintain the separation and
UNLAWFUL APPOINTMENTS
independence of the three departments of the
government and to keep the three branches
within the legitimate confines of their respective
ARTICLE 239. USURPATION OF LEGISLATIVE
jurisdictions and the officers thereof within the
POWERS.
scope of their lawful authority. (Angara v.
Electoral Commission, 63 Phil. 139)
Elements of Usurpation of Legislative Powers
1. That the offender is an executive or
ARTICLE 242. DISOBEYING REQUEST FOR
judicial officer.
DISQUALIFICATION.
2. That he (a) makes general rules or
regulations beyond the scope of his
Elements of Disobeying Requests for
authority, or (b) attempts to repeal a law,
Disqualification
or (c) suspends the execution thereof
1. That the offender is a public officer.
(Article 239, Revised Penal Code)
2. That a proceeding is pending before such
a public officer.
3. That there is a question brought before
the proper authority regarding his
jurisdiction, which is not yet decided.

124
 4. That he has been lawfully required to
refrain from continuing the proceeding.
5. That he continues the proceeding (Article
242, Revised Penal Code)
ARTICLE 243. ORDERS OR REQUESTS BY
EXECUTIVE OFFICERS TO ANY JUDICIAL
AUTHORITY.
Elements of Orders of Requests by Executive
Officers to Any Judicial Authority
1. The offender is an executive officer;
2. He addresses any order or suggestion to
any judicial authority;
3. The order or suggestion relates to any
case or business coming within the
exclusive jurisdiction of courts of justice
(Article 243, Revised Penal Code)
Reason for Article 243
The judicial branch is intended to be free and
secure from executive dictations. Courts cannot,
under their duty to their creator, the sovereign
power, permit themselves to be subordinated to
any person or official to which their creator did
not itself subordinate them. (Borromeo v. Mariano
, 41 Phil. 322)
Note: Legislative or judicial officers are not
liable for orders or requests by executive officers
to any judicial authority.
ARTICLE 244. UNLAWFUL APPOINTMENTS
What does “person lacking legal qualification”
mean?
There must be a law providing for the
qualifications of a person to be nominated or
appointed to a public office.
Elements of Unlawful Appointments
1. The offender is a public officer;
2. He nominates or appoints a person to a
public office;
3. Such person lacks the legal qualifications
therefor; and
4. The offender knows that his nominee or
appointee lacks the qualification at the
time he made the nomination or
125
appointment (Article 244, Revised Penal
Code)
Note: Mere recommendation is not punishable.
ARTICLE 245. ABUSE AGAINST CHASTITY.
Definition
Solicit
To propose earnestly and persistently something
unchaste and immoral to a woman
What are the acts punishable?
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.
2. By soliciting or making immoral or
indecent advances to a woman under the
offender's custody.
3. By soliciting or making immoral or
indecent 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 (Reyes,
The Revised Penal Code, Book Two).
Elements:
1. That the offender is a public officer;
2. That he solicits or makes immoral or
indecent advances to a woman;
3. That such woman must be —
a. interested in 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
b. under the custody of the offender
who is a warden or other public
officer directly charged with the
care and custody of prisoners or
persons under arrest; or
c. the wife, daughter, sister or
relative within the same degree
by affinity of the person in the
custody of the offender. (Id., p.
481)
Relatives of the person in custody
a the wife, daughter, sister or relative within the
same degree by affinity of the person in the
custody of the offender (women)
XPN: The mother of the person in the custody of
the offender is not included. (Id.)
Solicitation
GR: Mere solicitation is punishable; it is not
necessary that the woman yielded to the
proposal. There must be proof of solicitation
XPN: Proof of solicitation is not necessary when
there is sexual intercourse (U.S. vs. Morelos, 29
Phil. 572; Reyes, Book Two. p 482)
SPECIAL PENAL LAWS
1. R.A. 3019, THE ANTI-GRAFT AND
CORRUPT PRACTICES ACT, AS AMENDED
Section 2. Definition of terms. As used in this
Act, that term
(a) "Government" includes the national
government, the local governments, the
government-owned and
government-controlled corporations, and
all other instrumentalities or agencies of
the Republic of the Philippines and their
branches.
(b) "Public officer" includes elective and
appointive officials and employees,
permanent or temporary, whether in the
classified or unclassified or exempt
service receiving compensation, even
nominal, from the government as defined
in the preceding subparagraph.
(c) "Receiving any gift" includes the act of
accepting directly or indirectly a gift
from a person other than a member of
the public officer's immediate family, in
behalf of himself or of any member of his
family or relative within the fourth civil
degree, either by consanguinity or
affinity, even on the occasion of a family
126
celebration or national festivity like
Christmas, if the value of the gift is under
the circumstances manifestly excessive.
(d) "Person" includes natural and juridical
persons, unless the context indicates
otherwise.
Section 3. Corrupt practices of public officers. In
addition to acts or omissions of public officers
already penalized by existing law, the following
shall constitute corrupt practices of any public
officer and are hereby declared to be unlawful:
(a) Persuading, inducing or influencing
another public officer to perform an act
constituting a violation of rules and
regulations duly promulgated by
competent authority or an offense in
connection with the official duties of the
latter, or allowing himself to be
persuaded, induced, or influenced to
commit such violation or offense.
(b) Directly or indirectly requesting or
receiving any gift, present, share,
percentage, or benefit, for himself or for
any other person, in connection with any
contract or transaction between the
Government and any other part, wherein
the public officer in his official capacity
has to intervene under the law.
(c) Directly or indirectly requesting or
receiving any gift, present or other
pecuniary or material benefit, for himself
or for another, from any person for whom
the public officer, in any manner or
capacity, has secured or obtained, or will
secure or obtain, any Government permit
or license, in consideration for the help
given or to be given, without prejudice to
Section thirteen of this Act.
(d) Accepting or having any member of his
family accept employment in a private
enterprise which has pending official
business with him during the pendency
thereof or within one year after its
termination.
(e) Causing any undue injury to any party,
including the Government, or giving any
private party any unwarranted benefits,
advantage or preference in the discharge
of his official administrative or judicial
functions through manifest partiality,
 evident bad faith or gross inexcusable
negligence. This provision shall apply to
officers and employees of offices or
government corporations charged with
the grant of licenses or permits or other
concessions.
(f) Neglecting or refusing, after due demand
or request, without sufficient
justification, to act within a reasonable
time on any matter pending before him
for the purpose of obtaining, directly or
indirectly, from any person interested in
the matter some pecuniary or material
benefit or advantage, or for the purpose
of favoring his own interest or giving
undue advantage in favor of or
discriminating against any other
interested party.
(g) Entering, on behalf of the Government,
into any contract or transaction
manifestly and grossly disadvantageous to
the same, whether or not the public
officer profited or will profit thereby.
(h) Director or indirectly having financing or
pecuniary interest in any business,
contract or transaction in connection
with which he intervenes or takes part in
his official capacity, or in which he is
prohibited by the Constitution or by any
law from having any interest.
(i) Directly or indirectly becoming
interested, for personal gain, or having a
material interest in any transaction or act
requiring the approval of a board, panel
or group of which he is a member, and
which exercises discretion in such
approval, even if he votes against the
same or does not participate in the action
of the board, committee, panel or group.
Interest for personal gain shall be
presumed against those public officers
responsible for the approval of manifestly
unlawful, inequitable, or irregular
transaction or acts by the board, panel or
group to which they belong.
(j) Knowingly approving or granting any
license, permit, privilege or benefit in
favor of any person not qualified for or
not legally entitled to such license,
permit, privilege or advantage, or of a
127
mere representative or dummy of one
who is not so qualified or entitled.
(k) Divulging valuable information of a
confidential character, acquired by his
office or by him on account of his official
position to unauthorized persons, or
releasing such information in advance of
its authorized release date.
The person giving the gift, present,
share, percentage or benefit referred to
in subparagraphs (b) and (c); or offering
or giving to the public officer the
employment mentioned in subparagraph
(d); or urging the divulging or untimely
release of the confidential information
referred to in subparagraph (k) of this
section shall, together with the offending
public officer, be punished under Section
nine of this Act and shall be permanently
or temporarily disqualified in the
discretion of the Court, from transacting
business in any form with the
Government.
Section 4. Prohibition on private individuals.
(a) It shall be unlawful for any person having
family or close personal relation with any
public official to capitalize or exploit or
take advantage of such family or close
personal relation by directly or indirectly
requesting or receiving any present, gift
or material or pecuniary advantage from
any other person having some business,
transaction, application, request or
contract with the government, in which
such public official has to intervene.
Family relation shall include the spouse
or relatives by consanguinity or affinity in
the third civil degree. The word "close
personal relation" shall include close
personal friendship, social and fraternal
connections, and professional
employment all giving rise to intimacy
which assures free access to such public
officer.
(b) It shall be unlawful for any person
knowingly to induce or cause any public
official to commit any of the offenses
defined in Section 3 hereof.
Section 5. Prohibition on certain relatives. It the Republic of the Philippines by virtue
shall be unlawful for the spouse or for any of an appointment, election or contract.
relative, by consanguinity or affinity, within the (b) Government includes the National
third civil degree, of the President of the Government, and any of its subdivisions,
Philippines, the Vice-President of the Philippines, agencies or instrumentalities, including
the President of the Senate, or the Speaker of the government-owned or -controlled
House of Representatives, to intervene, directly corporations and their subsidiaries.
or indirectly, in any business, transaction, (c) Person includes any natural or juridical
contract or application with the Government: person, unless the context indicates
Provided, That this section shall not apply to any otherwise.
person who, prior to the assumption of office of (d) Ill-gotten wealth means any asset,
any of the above officials to whom he is related, property, business enterprise or material
has been already dealing with the Government possession of any person within the
along the same line of business, nor to any purview of Section Two (2) hereof,
transaction, contract or application already acquired by him directly or indirectly
existing or pending at the time of such through dummies, nominees, agents,
assumption of public office, nor to any subordinates and/or business associates
application filed by him the approval of which is by any combination or series of the
not discretionary on the part of the official or following means or similar schemes:
officials concerned but depends upon compliance 1. Through misappropriation,
with requisites provided by law, or rules or conversion, misuse, or
regulations issued pursuant to law, nor to any act malversation of public funds or
lawfully performed in an official capacity or in raids on the public treasury;
the exercise of a profession. 2. By receiving, directly or
indirectly, any commission, gift,
Section 14. Exception. Unsolicited gifts or share, percentage, kickbacks or
presents of small or insignificant value offered or any other form of pecuniary
given as a mere ordinary token of gratitude or benefit from any person and/or
friendship according to local customs or usage, entity in connection with any
shall be excepted from the provisions of this Act. government contract or project
or by reason of the office or
Nothing in this Act shall be interpreted to position of the public officer
prejudice or prohibit the practice of any concerned;
profession, lawful trade or occupation by any 3. By the illegal or fraudulent
private person or by any public officer who under conveyance or disposition of
the law may legitimately practice his profession, assets belonging to the National
trade or occupation, during his incumbency, Government or any of its
except where the practice of such profession, subdivisions, agencies or
trade or occupation involves conspiracy with any instrumentalities or
other person or public official to commit any of government-owned or -controlled
the violations penalized in this Act. corporations and their
subsidiaries;
4. By obtaining, receiving or
accepting directly or indirectly
2. ANTI-PLUNDER ACT, R.A. 7080, AS
any shares of stock, equity or any
AMENDED BY R.A. 7659
other form of interest or
Section 1. Definition of Terms - As used in this participation including promise of
Act, the term future employment in any
business enterprise or
(a) Public Officer means any person holding undertaking;
any public office in the Government of 5. By establishing agricultural,
industrial or commercial

128
 monopolies or other combinations
and/or implementation of
decrees and orders intended to
benefit particular persons or
special interests; or
6. By taking undue advantage of
official position, authority,
relationship, connection or
influence to unjustly enrich
himself or themselves at the
expense and to the damage and
prejudice of the Filipino people
and the Republic of the
Philippines.
Section 2. Definition of the Crime of Plunder;
Penalties. - Any public officer who, by himself or
in connivance with members of his family,
relatives by affinity or consanguinity, business
associates, subordinates or other persons,
amasses, accumulates or acquires ill-gotten
wealth through a combination or series of overt
criminal acts as described in Section 1 (d) hereof
in the aggregate amount or total value of at least
Fifty million pesos (P50,000,000.00) shall be
guilty of the crime of plunder and shall be
punished by reclusion perpetua to death. Any
person who participated with the said public
officer in the commission of an offense
contributing to the crime of plunder shall likewise
be punished for such offense. In the imposition of
penalties, the degree of participation and the
attendance of mitigating and extenuating
circumstances, as provided by the Revised Penal
Code, shall be considered by the court. The court
shall declare any and all ill-gotten wealth and
their interests and other incomes and assets
including the properties and shares of stocks
derived from the deposit or investment thereof
forfeited in favor of the State.
Section 4. Rule of Evidence
For purposes of establishing the crime of plunder,
it shall not be necessary to prove each and every
criminal act done by the accused in furtherance
of the scheme or conspiracy to amass,
accumulate or acquire ill-gotten wealth, it being
sufficient to establish beyond reasonable doubt a
pattern of overt or criminal acts indicative of the
overall unlawful scheme or conspiracy.
129
3. PROHIBITION OF CHILD MARRIAGE LAW
(R.A. 11596)
Section 4. Unlawful Acts. – The following are
declared unlawful and prohibited acts:
(a) Facilitation of Child Marriage. – Any person
who causes, fixes, facilitates, or arranges a child
marriage shall suffer the penalty of prision mayor
in its medium period and a fine of not less than
Forty thousand pesos (P40,000.00): Provided,
however, That should the perpetrator be an
ascendant, parent, adoptive parent, step parent,
or guardian of the child, the penalty shall be
prision mayor in its maximum period, or fine of
not less than Fifty thousand pesos (P50,000.00),
and perpetual loss of parental authority:
Provided, further, That any person who produces,
prints, issues and/or distributes fraudulent or
tampered documents such as birth certificates,
affidavits of delayed registration of birth and/or
foundling certificates for the purpose of
misrepresenting the age of a child to facilitate
child marriage or evade liability under this Act
shall be liable under this section, without
prejudice to liability under other laws: Provided,
finally, That if the perpetrator is a public officer,
he or she shall be dismissed from the service and
may be perpetually disqualified from holding
office, at the discretion of the courts;
(b) Solemnization of Child Marriage. – Any person
who performs or officiates a child marriage shall
suffer the penalty of prision mayor in its
maximum period and a fine of not less than Fifty
thousand pesos (P50,000.00): Provided, however,
That if the perpetrator is a public officer, he or
she shall be dismissed from the service and may
be perpetually disqualified from holding office, at
the discretion of the courts; and
(c) Cohabitation of an Adult with a Child Outside
Wedlock. – An adult partner who cohabits with a
child outside wedlock shall suffer the penalty of
prision mayor in its maximum period and a fine of
not less than Fifty thousand pesos (P50,000.00):
Provided, however, That if the perpetrator is a
public officer, he or she shall likewise be
dismissed from the service and may be
perpetually disqualified from holding office, at
the discretion of the courts: Provided, finally,
That this shall be without prejudice to higher
penalties that may be imposed in the Revised
Penal Code and other special laws.
H. CRIMES AGAINST PERSONS
CHAPTER 1: DESTRUCTION OF LIFE
SECTION 1: PARRICIDE, MURDER, HOMICIDE
ARTICLE 246. PARRICIDE.
Definitions
Relationship
1. Legitimate (except for parents and
children)
2. Relatives by blood (except for spouse)
3. In direct line (Boado, Notes and Cases on
the Revised Penal Code, p. 301)
Legitimate
1. Spouse – Any legally married person
a. Marriages among Muslims or
among members of the ethnic
cultural communities performed
in accordance with their customs,
rites or practices; to the
exclusion of common-law spouses
(Art. 33 , Family Code)
b. Annulment of marriage is not a
prejudicial question (Pimentel v.
Pimentel, GR No. 173060,
September 13, 2010)
Note: The Court held in a case where the first
marriage happened under the Civil Code, that the
parties are not required to obtain a judicial
declaration of absolute nullity of a void ab initio
first and subsequent marriages in order to raise it
as a defense in a bigamy case.
However, if the first marriage is merely voidable,
the accused cannot interpose an annulment
decree as a defense in the criminal prosecution
for bigamy since the voidable first marriage is
considered valid and subsisting when the second
marriage was contracted. The crime of bigamy,
therefore, is consummated when the second
marriage was celebrated during the subsistence
of the voidable first marriage. The same rule
applies if the second marriage is merely
130
considered as voidable. (Pulido v. People, G.R.
No. 220149, [July 27, 2021]) (Pulido v. People,
G.R. No. 220149, [July 27, 2021])
1. Children – blood-related children
born in wedlock; to the exclusion
of adopted children as to their
adoptive parents and in-laws
If the child killed is less than
three days old, the crime is
infanticide (Art. 255, Revised
Penal Code)
Illegitimate children
Embraces all children born out of wedlock;
includes (a) adulterine, (b) incestuous, and (c)
sacrilegious children (Reyes, Book Two, p. 485)
Ascendants, descendants
1. Should be read as “any other ascendant
or descendant” (proper translation from
Spanish text);
2. Includes only relatives by blood, to the
exclusion of adopted children as to their
adoptive parents’ direct ascendants and
in-laws (Reyes, Book Two, p. 507)
3. Excludes parents and children (because
they are expressly provided; proof of
legitimacy for these cases are not
required); (Reyes, The Revised Penal
Code, Book Two, p. 507)
Elements:
1. That a person is killed.
2. That the deceased is killed by the
accused.
3. That the deceased is the:
a. father, mother, or child, whether
legitimate or illegitimate, or
b. legitimate other ascendant or
other descendant, or
c. legitimate spouse of the accused.
(Article 246, Revised Penal Code;
People v. Antenero, G.R. No.
257271 (Notice), [March 14,
2022])
Note: Relationship of the offender with the
victim is an essential element.
Legitimate
GR: Relationships must be legitimate.
XPN: If the deceased is either the father, mother
or the child of the accused, relationship may be
legitimate or illegitimate, and proof of legitimacy
is not required (Reyes, The Revised Penal Code,
Book Two, p. 507)
In Direct Line and Relatives by Blood
GR: Only relatives by blood and in direct line, are
considered in parricide.
XPN: Spouse (Reyes, The Revised Penal Code,
Book Two, p. 507)
Note: Law does not require knowledge of the
relationship (Reyes, The Revised Penal Code,
Book Two, p. 508-509)
Proof of Marriage
GR: The best proof of the relationship between
the accused and the deceased is the marriage
certificate (People v. Cruz, 109 Phil. 288)
XPN: Oral evidence presented to prove the fact
of marriage is not objected to, the said evidence
may be considered by the court (Sec. 5 (bb), Rule
131)
● Basis: pursuant to the principle semper
praesumitur matrimonio (presumption of
validity of marriage) (People vs Majuri,
96 SCRA 472)
Commission
Parricide may be committed actively, by mistake
or by reckless imprudence.
Circumstances
● Relationship
○ Qualifying (from
homicide/murder to parricide) if
alleged in the information (Reyes,
The Revised Penal Code, Book
Two, P 486) ; essential element of
the crime (absorbed) (Reyes, The
Revised Penal Code, Book Two, p.
506)
○ Aggravating if not alleged in the
information (Reyes, The Revised
Penal Code, Book Two, p. 508)
131
● Other Qualifying circumstances:
Considered Generic aggravating
circumstance.
○ Once the circumstance of
relationship qualifies the crime to
parricide, all other qualifying
circumstances (e.g. those under
248, that would otherwise qualify
the crime as murder), would be
treated as generic aggravating
circumstance (Boado, Notes and
Cases on the Revised Penal Code)
● Mitigating: if committed by imprudence
○ Reckless imprudence: arresto
mayor in its maximum period to
prision correccional in its medium
period.
○ Simple imprudence/negligence:
arresto mayor in its medium and
maximum periods
Cases when a person who committed parricide
not to be punished with reclusion perpetua to
death:
1. When parricide is committed through
negligence. (Art. 365, Revised Penal
Code)
2. When it is committed by mistake. (Art.
249, Revised Penal Code)
3. When it is committed under exceptional
circumstances. (Art. 247, Revised Penal
Code)
Liability of strangers cooperating in parricide:
Homicide or murder as the case may be (Reyes,
The Revised Penal Code, Book Two, p. 509)
ARTICLE 247. DEATH OR PHYSICAL INJURIES
INFLICTED UNDER EXCEPTIONAL
CIRCUMSTANCES.
Definitions
Absolutory cause
Where the act committed is a crime but for
reasons of public policy and sentiment there is no
penalty imposed (People v. Talisic, 344 Phil. 51)
Spouse
Any legally married person (Reyes, Book Two, p.
510); includes those separated in fact (People v.
Oyanib, G.R. No. 130634-35, March 12, 2001)
Parent
Relationship may be legitimate or illegitimate
given that there was no distinction made by the
law (Reyes, Book Two, P. 489; Regalado, p. 560)
Surprise
“To come upon suddenly and unexpectedly”
(Reyes, Book Two, p. 489)
Sexual Intercourse
Vaginal penetration by the penis; does not
include preparatory acts (People v. Gonzales, GR
No. 46310, October 31, 1999)
Sexual intercourse encompasses a wide range of
sexual activities not limited to those involving
penetration, genitals, and opposite sexes.
Sexual intercourse is a sexual activity that is
participated in by at least two (2) individuals of
the same or opposite sex for purposes of attaining
erotic pleasure. It may be penetrative or simply
stimulative.
It may or may not involve persons of opposite
sexes. When forced, sexual intercourse
constitutes rape. (People v. Caoili, G.R. Nos.
196342 & 196848, August 8, 2017, 815 PHIL
839-954)
● Dissenting opinions:
○ But it is enough that the
circumstances show reasonably
that the carnal act is being
committed or has just been
committed (Concurring opinion of
Moran in People vs. Gonzales, 69
Phil. 66, citing U.S. vs. Alano, 32
Phil. 381; U.S. vs. Feliciano, 36
Phil. 753)
○ This interpretation (need to catch
in actual intercourse) is far from
being rational and certainly does
violence to the reason and
purpose of the law (Dissenting
opinion of Justice Laurel in
People v. Gonzales)
132
Immediately thereafter
The discovery, the escape, the pursuit and the
killing must all form part of one continuous act.
(U.S. vs. Vargas, et al., 2 Phil. 194)
The killing must be the direct by-product of the
accused's rage. (People vs. Abarca, 153 SCRA 735)
Sufficient continuity (US v. Alano, 32 Phil. 381)
Acts Punishable:
None.
Art. 247 does not define and penalize a felony.
The law, when the circumstances provided by this
article are present, considers the spouse or
parent as acting in a justified burst of passion
(People vs. Gonzales, 69 Phil. 66).
The penalty of destierro is not really intended as
a penalty but to remove the killer spouse from
the vicinity and to protect him or her from acts of
reprisal principally by relatives of the deceased
spouse. (People vs. Lauron, C.A., 57 O.G. 7367)
Art. 247 is an absolutory and exempting cause
(People v. Oyanib, G.R. No. 130634-35, March 12,
2001)
Requisites:
1. That a legally married person or a parent
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 (Reyes, The
Revised Penal Code, Book Two, p. 510)
Duty of the defense to establish the elements
The requisites of Art. 247 must be established by
the evidence of the defense, because the
prosecution will have to charge the defendant
with parricide and/or homicide, in case death
results; or serious physical injuries in the other
case. (Reyes, Book Two, p. 510)
Since Art. 247 does not charge a distinct crime,
the accused charged with killing his wife's
paramour, cannot enter into a conditional plea of
guilty and be sentenced immediately to destierro.
The court must receive evidence on the
circumstances surrounding the killing. (People vs.
Sabilul, 49 O.G. 2743)
Who are entitled to the benefits provided for in
Article 247?
GR: any legally married person or parent of a
daughter under 18 years of age, whose act of
inflicting death or serious physical injuries meets
the above elements.
XPN: Not applicable to person who consented to
the infidelity of spouse, or who facilitated the
prostitution of his wife or daughter (Article 247,
par. 4, Revised Penal Code)
Application when it comes to husband catching
the wife in intercourse
Art. 247 applies, in the case of a husband, only
when he surprises his wife in flagrant adultery.
Not applicable in cases when husband caught a
man having sexual intercourse with the former's
wife against her will. The wife was not
committing adultery, as she was not voluntarily
having sexual intercourse with the man. The
same is justifying. (People vs. Ammalun, C.A., 51
O.G. 6250)
Less serious or slight physical injuries
Justification is only for death and serious physical
injury
No criminal liability when less serious or slight
physical injuries are inflicted
Liability for physical injuries suffered by third
persons
The accused cannot be held liable for injuries
sustained by third persons as a result thereof.
(People vs. Abarca, supra)
Although as a rule, one committing an offense is
liable for all the consequences of his act, the rule
presupposes that the act done amounts to a
felony. (Art. 4, No. 1, Revised Penal Code).
133
Inflicting death under exceptional circumstances
is not murder.
When not applicable
When the accused did not see his spouse in the
act of sexual intercourse with another person.
(Reyes, The Revised Penal Code, Book Two, p.
607)
Note: The person claiming the benefits of Article
247 must surprise his spouse or daughter under 18
years old and living with him in the act of
committing sexual intercourse with another
person. (Reyes, The Revised Penal Code, Book
Two, p. 607)
ARTICLE 248. MURDER.
Definitions
Outraging
Commit an extremely vicious or deeply insulting
act
Scoffing
To jeer, and implies a showing of irreverence
Both must be directed at the corpse of the
victim; if the victim was still alive at the time the
“outraging/scoffing” was done, the same may be
cruelty (People vs. Lozada, G.R. No. L-47692,
June 4, 1943)
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 Art. 248.
4. The killing is not parricide or infanticide
(People v. Francisco, G.R. No. 216728,
June 04, 2018)
Qualifying 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
railroad, 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 any 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. [As amended by R.A.
No. 7659) (Article 248); People v. Amurao
y Guevarra, G.R. No. 241945 (Notice),
March 4, 2020]
● The qualifying circumstances of
murder, except "outraging or
scoffing at his person or corpse,"
are among those defined in Art.
14.
● Killing child of tender age is
murder because there is
treachery (People v. Valerio)
Rules for the application of the circumstances
which qualify the killing to murder:
1. That murder will exist with only one of
the circumstances described in Art. 248.
(U.S. vs. Labai, 17 Phil. 240); the others
must be considered as generic
aggravating (Reyes, Book Two, p. 518)
2. That when the other circumstances are
absorbed or included in one qualifying
circumstance, they cannot be considered
as generic aggravating (Reyes, The
Revised Penal Code, Book Two, p. 519)
3. That any of the qualifying circumstances
enumerated in Art. 248 must be alleged
in the information; if not alleged, it is
treated only as a generic aggravating
circumstance, and does not qualify the
crime to murder (Reyes, The Revised
Penal Code, Book Two, p. 519).
134
Person was killed
In murder, the victim must be killed to
consummate the crime. If the victim is not killed,
it is either attempted or frustrated murder.
Intent to Kill
GR: There must be intent to kill immediately
before or simultaneously with the infliction of
injuries.
Intent to kill is a specific intent which the
prosecution must prove by direct or
circumstantial evidence, while general criminal
intent is presumed from the commission of a
felony by dolo. (Rivera v. People, G.R. No.
166326, [January 25, 2006], 515 PHIL 824-836)
XPN: When attended by treachery (People vs.
Cagoco, 58 Phil. 530), and all other circumstances
provided for in Art. 248 (Reyes, Book Two, p.
518); the same is presumed when attended by
circumstances in Art. 248
Basis
Voluntariness in the circumstance (People vs.
Cagoco, 58 Phil. 530)
Art. 4, par.1 (Reyes, The Revised Penal Code,
Book Two, p. 496)
By means of fire
There should be an actual design to kill and that
the use of fire should be purposely adopted as a
means to that end. (Reyes, The Revised Penal
Code, Book Two, p. 618)
ARTICLE 249. HOMICIDE.
Definitions
Homicide
The unlawful killing of any person, which is
neither parricide, murder, nor infanticide (Article
249, Revised Penal Code).
Accidental Homicide
It is the death of a person brought about by a
lawful act performed with proper care and skill,
and without homicidal intent (e.g. boxing)
Foul blow resulting in death of the opponent may
either be homicide through negligence or
intentional homicide, depending on the intention
of the accused.
Corpus delicti
Means the actual commission of the crime
charged. (People vs. Madrid, 88 Phil. 1, cited in
People vs. Yee, C.A., 52 O.G. 4298); that a crime
was actually perpetrated, and does not refer to
the body of the murdered person. (People vs.
Bungay, G.R. No. L-18308, April 30, 1966, pp.
834-838)
In all crimes against persons in which the death
of the victim is an element of the offense, there
must be satisfactory evidence of (1) the fact of
death and (2) the identity of the victim.
Elements:
1. That a person was killed;
2. That the accused killed him without any
justifying circumstance;
3. That the accused had the 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.
● Killing must not be justified (Art.
11, RPC)
Intent to kill
GR: Intent to kill is conclusively presumed when
death resulted. No need for prosecution to prove
(U.S. vs. Gloria, 3 Phil. 333)
XPN: Evidence of intent to kill is important only
in attempted or frustrated homicide. In such
cases, intent to kill must be proved beyond
reasonable doubt.
If there is no intent to kill, If there is no intent to
kill on the part of the offender, he is liable for
physical injuries (Arts. 263-266) only. (Reyes,
Book Two, p. 525)
Intent is usually shown by the kind of weapon
used and the location and nature of the wound
(Reyes, Book Two, p. 525)
135
Person was killed
In homicide, the victim must be killed to
consummate the crime. If the victim is not killed,
it is either attempted or frustrated homicide.
No offense of frustrated homicide through
imprudence. The element of intent to kill in
frustrated homicide is incompatible with
negligence or imprudence. (People vs. Castillo, et
al., 76 Phil. 72)
What does "Without the attendance of any of
the circumstances enumerated in the next
preceding article" or of the qualifying
circumstance of parricide or infanticide mean?
May mean absence of the circumstances or
absence of clear proof of the same (Reyes, Book
Two, p. 526)
Aggravating Circumstances:
1. When the victim is under twelve (12)
years of age (RA 7610)
2. Use of unlicensed firearm
● In view of the amendments
introduced by Republic Act 8294
to Presidential Decree No. 1866,
separate prosecutions for
homicide and illegal possession
are no longer in order.
Proof required when the crime against persons
contain death as an element
1. There must be satisfactory evidence of
a. The fact of death; and
b. The identity of the victim
ARTICLE 250. PENALTY PARRICIDE, MURDER,
OR HOMICIDE.
GRs:
1. Courts may impose a penalty two degrees
lower for frustrated parricide, murder or
homicide.
2. Courts may impose a penalty three
degrees lower for attempted parricide,
murder or homicide.
XPN: An attempt on, or a conspiracy against, the
life of the Chief Executive, etc., is punishable by
death (PD No. 1110-A, Sec. 1)
ARTICLE 251. DEATH IN A TUMULTUOUS AFFRAY.
Definitions
Tumultuous Affray
A melee or free-for-all, where several persons
not comprising definite or identifiable groups
attack one another in a confused and
disorganized manner, resulting in the death or
injury of some of them (People v. Campa, GR No.
105391, February 28, 1994)
When disturbance is caused by at least four
people (Reyes, Book Two, p. 531)
There is no crime of death in a tumultuous affray
if the quarrel is between two (2) well-known
groups. (People vs. Corpus, 102 SCRA 674) .
There was no confusion in the aggression or the
defense. The aggressors helped one another to
inflict upon the deceased the fatal blow. The
quarrel here was between two well-known groups
of men. (U.S. vs. Tandoc, 40 Phil. 954)
Several
More than two but not very many
Tumultuous
The disturbance is caused by more than three
persons who are armed or are provided with
means of violence.
Victim
The person killed in the course of the affray need
not be one of the participants in the affray. The
victim may be a participant or non-participant in
the tumultuous affray. (Reyes, The Revised Penal
Code, Book Two, p. 532)
Elements:
1. That there be several persons.
2. That they did not compose groups
organized for the common purpose 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
the affray.
136
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 (Wacoy y Bitol
v. People, G.R. Nos. 213792 & 213886 ,
[June 22, 2015], 761 PHIL 570-581).
Persons Liable:
1. The person or persons who inflicted the
serious physical injuries are liable. (Art.
251, par. 1)
2. If it is not known who inflicted the
serious physical injuries on the deceased,
all the persons who used violence upon
the person of the victim are liable, but
with lesser liability. (Art. 251, par. 2)
Note: Those who used violence only, without
inflicting serious physical injuries, may be held
liable for the act or acts actually performed by
them. The serious physical injuries, if inflicted by
one of the participants, should not be the cause
of death of the deceased. (Reyes, The Revised
Penal Code, Book Two, p. 533)
If the one who inflicted the fatal wound is known,
the crime is not homicide in tumultuous affray. It
is a case of homicide under Art. 249 against the
one who inflicted the fatal wound. (Reyes, The
Revised Penal Code, Book Two, p. 532)
ARTICLE 252. PHYSICAL INJURIES INFLICTED IN
A TUMULTUOUS AFFRAY.
Elements:
1. That there is a tumultuous affray as
referred to in the preceding article.
2. That a participant or some participants
thereof suffer serious physical injuries or
physical injuries of a less serious nature
only.
3. That the person responsible therefore
cannot be identified.
4. That all those who appear to have used
violence upon the person of the offended
party are known. (People v. Julianda, Jr.,
G.R. No. 128886, [November 23, 2001],
422 PHIL 28-53)
Persons Liable Effect of Consummated and Non-Consummated
Only the one who used violence is liable (Art. Suicide
252, par. 1, Revised Penal Code) If the offender who lends assistance performs
acts to do the killing himself, and the suicide is
Person who inflicted injuries must not b e not consummated, the penalty of arresto mayor
identified, otherwise, they will be liable for the in its medium and maximum periods should not
physical injuries actually committed (Arts. 263, be imposed.
265 and 266), and not under this article.
The penalty of one or two degrees lower than
Comparison of Art. 251, par 2 and Art. 252 that provided for consummated suicide, where
the assistance of the offender consists in
Art. 251, par. 2 Art. 252
performing acts to do the killing himself, should
The victim may be The victim must be a be imposed, depending upon whether it is
anyone (includes participant in the frustrated or it is attempted suicide.
participants and tumultuous affray.
non-participants of the
tumultuous affray). ARTICLE 254. DISCHARGE OF FIREARMS.

The injuries must Only serious and less Elements:

result in the death of a serious physical 1. That the offender discharges a firearm
participant or injuries (no death). against or at another person.
non-participant. 2. That the offender has no intention to kill
that person (Carpio v. People, G.R. No.
211691, [April 28, 2021]).
Nature of injuries
Only serious physical injuries or physical injuries
When does it constitute a complex crime?
of a less serious nature are inflicted (Reyes, The
If in the illegal discharge of a firearm the
Revised Penal Code, Book Two, p. 534)
offended party is hit and wounded, there is a
complex crime of discharge of firearm with
Slight Physical Injuries are not included (Reyes,
physical injuries when the physical injuries
The Revised Penal Code, Book Two, p. 535)
constitute a light felony.

ARTICLE 253. GIVING ASSISTANCE TO SUICIDE. Physical Injuries Attempted or

Frustrated Homicide
Acts Punishable:
1. Assisting another to commit suicide, The offender has no The offender has
whether the suicide is consummated or intent to kill the intent to kill the
not; offended party (Etino offended party (Id.)
2. Lending his assistance to another to v. People, G.R. No.
commit suicide to the extend of doing the 206632, [February 14,
killing himself (Article 253, Revised Penal 2018]).
Code).
The offender inflicts Attempted homicide
physical injuries (Id.). may be committed
What is euthanasia?
even if no physical
It is the practice of painlessly putting to death a
injuries are inflicted.
person suffering from some incurable disease. In
this case, the person does not want to die.

137

1. Infanticide and abortion
ARTICLE 255. INFANTICIDE.
What is infanticide?
Infanticide may be defined as the killing of any
child less than three (3) days of age, whether the
killer is the parent or grandparent, any other
relative of the child, or a stranger (Art. 255,
RPC).
Elements:
1. That a child was killed.
2. That the deceased child was less than
three days (72 hours) of age.
3. That the accused killed the said child.
Note: No crime of infanticide is committed if the
child has been dead or if, although born alive, it
could not sustain an independent life when it was
killed. (U.S. v. Vedra 12 Phil. 96)
Who are entitled to the mitigating circumstance
of concealing the dishonor?
1. Mother
2. Maternal grandparents (Art. 255, par. 2,
RPC)
Note: The delinquent mother who allegedly did
the abortion to conceal dishonor must be of good
reputation and good morals.(Reyes, The Revised
Penal Code, Book Two, p. 642)
ARTICLE 256. INTENTIONAL ABORTION.
What is abortion?
Abortion is the violent expulsion of a fetus from
the maternal womb. If the fetus has been
delivered but it could not subsist by itself, it is
still a fetus and not a person. Thus, if it is killed,
the crime committed is abortion not infanticide
(People v. Paycana, Jr., G.R. No. 179035, [April
16, 2008], 574 PHIL 780-791).
Acts Punishable:
1. Using any violence upon the person of the
pregnant woman
2. Acting, but without using violence,
without the consent of the woman. (By
administering drugs or beverages upon
138
such pregnant woman without her
consent.)
3. Acting (by administering drugs or
beverages), with the consent of the
pregnant woman
Elements:
1. That there 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 result of the use of violence or
drugs or beverages upon her, or any other
act of the accused, the fetus dies, either
in the womb or after having been
expelled therefrom.
4. That the abortion is intended.
What is the distinction between infanticide and
abortion?
It is infanticide if the victim is already a person
less than three days old or 72 hours and is viable
or capable of living separately from the mother’s
womb. It is abortion if the victim is not viable but
remains to be a fetus (People v. Paycana, Jr.,
G.R. No. 179035, [April 16, 2008], 574 PHIL
780-791).
ARTICLE 257. UNINTENTIONAL ABORTION.
Elements:
1. That there is a pregnant woman
2. That violence is used upon such pregnant
woman without intending an abortion.
3. That the violence is intentionally
exerted.
4. That as a result of the violence that fetus
dies, either in the womb or after having
been expelled therefrom (Id.).
Unintentional Abortion through Negligence
Unintentional abortion may be committed
through negligence as it is enough that the use of
violence be voluntary
When does it constitute a complex crime?
If the pregnant woman was killed by violence by
her husband, the crime committed is the complex
crime of parricide with unintentional abortion
(People v. Robiños y Domingo, G.R. No. 138453,
[May 29, 2002], 432 PHIL 322-337).
ARTICLE 258. ABORTION PRACTICED BY THE
WOMAN HERSELF OR BY HER PARENTS.
Elements:
1. That there is a pregnant woman who has
suffered an abortion.
2. That the abortion is intended.
3. That the abortion is caused by
a. the pregnant woman herself
b. any other person, with her
consent, or
c. any of her parents, with her
consent for the purpose of
concealing her dishonor (Article
258, Revised Penal Code)
Acts Punishable:
1. Abortion committed by the woman upon
herself or by any other person with her
consent. (par.1)
2. Abortion by the woman upon herself to
conceal her dishonor. (par.2)
3. Abortion by any of the parents of the
woman with the latter’s consent to
conceal her dishonor. (par.2)
Mitigating Circumstances:
If the purpose of a pregnant woman is to conceal
her dishonor, the penalty is lower. (Art. 258, par.
2). The reason for the mitigated responsibility is
that when a woman becomes pregnant out of an
illicit relationship, excited and obfuscated by the
fear of her dishonor being made public, she
either practices abortion upon herself or consents
that any other person does so, to erase the traces
of her mistake.
No mitigation for parents of pregnant woman
even if the purpose is to conceal dishonor (Id. at
par. 3).
ARTICLE 259. ABORTION PRACTICE BY A
PHYSICIAN OR MIDWIFE AND DISPENSING OF
ABORTIVES.
Elements:
1. That there is a pregnant woman who has
suffered an abortion.
139
2. That the abortion is intended.
3. That the offender, who must be a
physician or midwife, causes, or assists in
causing, the abortion.
4. That said physician or midwife takes
advantage of his or her scientific
knowledge or skill (Article 259, Revised
Penal Code).
As to Pharmacists, the elements are:
1. That the offender is a pharmacist.
2. That there is no proper prescription from
a physician.
3. That the offender dispenses any abortive.
Penalties
The penalties provided for intentional abortion
shall be imposed in the maximum period upon the
physician or midwife (Id.).
The reason for the maximum penalty is that
physicians and midwives incur a heavier guilt in
making use of their knowledge for the destruction
of human life, where it should be used only for its
preservation.
As for the pharmacist, it is not necessary that he
knew that the abortive would be used to cause
abortion results. He is liable as accomplice.
2. Duel
ARTICLE 260. RESPONSIBILITY OF PARTICIPANTS
IN A DUEL.
What is duel?
It is a formal or regular combat previously
concerted between two parties in the presence of
two or more seconds of lawful age on each side,
who make the selection of arms and fix all the
other conditions of the fight.
A duel implies or means an agreement to fight
under determined conditions and with the
participation and intervention of seconds, who fix
such conditions; and the code has taken the same
into account and fixes the penalty therefor
according to the result of said duel. (United
States v. Navarro, G.R. No. 1878, March 9, 1907)
Acts Punished in Duel:
1. By killing one’s adversary in a duel.
 2. By inflicting upon such adversary physical
injuries.
3. By making a combat although no physical
injuries have been inflicted.
Persons Liable in Duel:
1. Principals - person who killed or inflicted
physical injuries upon his adversary, or
both combatants in any other cases
2. Accomplices - as seconds
ARTICLE 261. CHALLENGING TO A DUEL.
Acts Punishable:
1. Challenging another to a duel
2. Inciting another to give or accept a
challenge to a duel
3. Scoffing at or decrying another publicly
for having refused to accept a challenge
to fight a duel (Article 261, Revised Penal
Code)
Persons Liable:
1. Challenger
2. Instigators (Id.)
CHAPTER II. Physical Injuries
ARTICLE 262. MUTILATION.
What is mutilation?
It means the lopping or the clipping off of some
part of the body.
What are the kinds of mutilation?
1. Intentionally mutilating another by
depriving him, totally or partially, of
some essential organ for reproduction
(Art. 262, par. 1, RPC).
2. Intentionally making another mutilation,
i.e. lopping, 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 the body (Art.
262, par. 2, RPC)
Elements:
1. There be a castration i.e. mutilation of
organs necessary for generation
2. Mutilation is caused purposely and
deliberately (Aguirre v. Secretary, DOJ ,
G.R. No. 170723, [March 3, 2008], 571
PHIL 138-169)
140
3. Injured person –
a. Becomes deformed
b. Loses any other member of his
body
c. Loses the use thereof
d. Becomes ill or incapacitated for
the performance of the work in
which he had been habitually
engaged in for more than 90 days
4. Injured person becomes ill or
incapacitated for labor for more than 30
days (but not more than 90 days)
ARTICLE 263. SERIOUS PHYSICAL INJURIES.
How is the crime of serious physical injuries
committed?
1. by wounding
2. by beating
3. by assaulting (Art. 263), or
4. by administering injurious substance (Art.
264)
What are serious physical injuries?
1. When the injured person becomes insane,
imbecile, impotent, or blind in
consequence of the physical injuries
inflicted
2. When the injured person:
a. Loses the use of speech or the
power to hear or to smell, or
loses an eye, a hand, a foot, an
arm, or a leg, or
b. Loses the use of any such
member, or
c. Becomes incapacitated for the
work in which he was theretofore
habitually engaged, in
consequence of the physical
injuries inflicted
3. When the person injured:
a. Becomes deformed, or
b. Loses any other member of his
body, or
c. Loses the use thereof, or
d. Becomes ill or incapacitated for
the performance of the work in
which he was habitually engaged
for more than 90 days, in
consequence of the physical
injuries inflicted
 ○ Since the effect is the same: loss
4. When the injured person becomes ill or of power to procreate, the term
incapacitated for labor for more than 30 should include inability to
days (but most not be more than 90 copulate and sterility (Reyes, The
days), as a result of the physical injuries Revised Penal Code, Book Two)
inflicted. (Art. 263, RPC)
Paragraph 2: Injured person loses use of speech
What are the classes of serious physical or power to hear or smell or loses an eye,
injuries? hand, foot, arm, or leg, or loses use of any such
1. The consequences of the injuries inflicted member, or becomes incapacitated for work in
2. The nature and character of the wound which he was habitually engaged
inflicted ● It must be loss of power to hear of BOTH
3. The proper penalty (US vs.Santos, 17 Phil. EARS. If there is loss of power to hear of
87) one ear only, it is serious physical injuries
under paragraph 3 of Art. 263 (People vs.
Hernandez, 94 Phil. 49)
Physical Injuries Attempted or
Frustrated Homicide
Paragraph 3: Injured person becomes
deformed, or loses any other member of the
the offender has no the offender has body, or the use therefor, or becomes ill or
intent to kill the intent to kill the incapacitated for the performance of the work
offended party (Etino offended party (Id.) in which he was habitually engaged for more
v. People, G.R. No. than 90 days
206632, [February ● Deformity
14, 2018]) ○ It means physical ugliness,
permanent and definite
The offender inflicts Attempted homicide
abnormality. It must be
physical injuries (Id.) may be committed
conspicuous and visible.
even if no physical
○ It requires:
injuries are inflicted
■ physical ugliness
■ permanent and definite
abnormality, and
Difference between Physical Injuries and ■ conspicuous and visible
Mutilation (Reyes, The Revised Penal
Code, Book Two)
Physical Injuries Mutilation

No special intention There is a special Paragraph 4: Injured person becomes ill or

to clip off some part intention to clip off incapacitated for labor for more than 30 days
of the body so as to some part of the ● Paragraph 4 speaks of incapacity for any
deprive the offended body so as to deprive kind of labor (Reyes, The Revised Penal
party of such part. the offended party of Code, Book Two)
such part (Art. 262,
RPC). When is serious physical injuries qualified?
1. If the offense is committed against the
(Reyes, The Revised Penal Code, Book Two) persons enumerated in the article
defining the crime of parricide (Art. 246),
Paragraph 1: Injured person becomes insane, or
Imbecile, Impotent, or Blind 2. With the attendance of any of the
● Impotence circumstances mentioned in the article
○ Means inability to copulate defining the crime of murder (Art. 248)
○ Also has been used synonymously [Art. 263, par. 4, RPC]
with “sterility”

141
XPN: Serious physical injuries by excessive
chastisement by parents are NOT qualified (Id.).
ARTICLE 264. ADMINISTERING INJURIOUS
SUBSTANCES OR BEVERAGES.
What does weakness of mind or credulity
mean?
May take place in the case of witchcraft, philters,
magnetism, etc.
Elements:
1. That the offender inflicted upon another
any serious physical injury
2. That it was done by knowingly
administering to him any injurious
substances or beverages or by taking
advantage of his weakness of mind or
credulity
3. That he had no intent to kill (Reyes, The
Revised Penal Code, Book Two)
ARTICLE 265. LESS SERIOUS PHYSICAL INJURIES.
Elements:
1. That the offended party is incapacitated
for labor for 10 days or more (but not
more than 30 days), or needs medical
attendance for the same period of time;
and
2. That the physical injuries must not be
those described in the preceding articles
(Art. 265, RPC)
When is less serious physical injuries qualified?
1. A fine not exceeding P50,000, in addition
to arresto mayor, shall be imposed when
a. there is a manifest intent to
insult or offend the injured
person, or
b. there are circumstances adding
ignominy to the offense (Art. 265,
par. 1, RPC)
2. A higher penalty is imposed when the
victim is either
a. the offender's parents,
ascendants, guardians, curators,
or teachers, or
b. persons of rank or persons in
authority, provided the crime is
142
NOT direct assault (Art. 265, par.
2, RPC)
ARTICLE 266. SLIGHT PHYSICAL INJURIES AND
MALTREATMENT.
What are the 3 kinds of slight physical injuries?
1. Physical injuries which incapacitated the
offended party for labor from 1 to 9 days,
or required medical attendance during
the same period
2. Physical injuries which did NOT prevent
the offended party from engaging in his
habitual work or which did NOT require
medical attendance
3. Ill-treatment of another by deed without
causing any injury (Art. 266, RPC)
ARTICLE 266-A. RAPE.
a. Rape, When and How Committed
Paragraph 1: Rape by Sexual Intercourse
Elements:
1. The offender is a man;
2. The offender had carnal knowledge of the
woman;
3. Such act is accomplished under any of the
following circumstance:
a. By using force, threat or
intimidation; or
b. When the offended party is
deprived of reason or otherwise,
unconscious; or
c. By means of fraudulent
machination or grave abuse of
authority; or
d. When the offended party is under
12 years of age or is demented.
(Note: R.A. 11648 amended the
age to 16 years old) [People v.
Daet, G.R. No. 223152 (Notice),
January 19, 2018]
Paragraph 2: Rape through Sexual Assault
Elements:
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:
 a. By inserting his penis into another Consummated, Frustrated and Attempted Rape
person’s mouth or anal orifice; or
Consummated To consummate the crime of
b. By inserting any instrument or
Rape rape, complete or total
object into another person’s
penetration of
genital or anal orifice.
complainant’s private organ
3. That the act of sexual assault is
is not necessary; neither is
accomplished under any of the following
the rupture of the hymen
circumstances:
essential for the offense
a. By using force, threat or
(People vs. Dedace, GR No.
intimidation; or
132551, March 22, 2000).
b. When the offended party is
deprived of reason or otherwise
However, there must be
unconscious; or
sufficient and convincing
c. By means of fraudulent
proof that the penis indeed
machination or grave abuse of
touched the labias or slid
authority; or
into the female organ
d. When the woman is under 12
thereof, for the accused to
years of age or demented
be convicted of
[Ormilla v. Director, Bureau of
consummated rape. Absent
Corrections, G.R. No. 170497,
of any showing of the
January 22, 2007]
slightest penetration of the
female organ, it can only be
Note: R.A. 11648 amended the age to 16 years
attempted rape, if not acts
old) [People v. Daet, G.R. No. 223152 (Notice),
of lasciviousness (People vs.
January 19, 2018]
Campuhan, GR. No. 129433,
March 30, 2000).
Difference between the 2 Modes of committing
rape: Frustrated There is NO crime of
Rape by Sexual Rape through Sexual Rape frustrated rape (People v.
Intercourse Assault Orande y Chavez, G.R. Nos.
141724-27, [November 12,
The offender is The offender may be 2003]).
always a man a man or a woman
The slightest penetration or
The offended party is The offended party mere touching of the
always a woman may be a man or a genitals consummates the
woman crime of rape (People vs.
Sempior, GR No. 117691,
Rape is committed Rape is committed by
March 1, 2000).
through penile inserting the penis
penetration of the into another person’s Attempted There is no penetration of
vagina mouth or anal orifice Rape the female organ because
or any instrument or not all acts of execution
object into another were performed. However,
person’s genital or there must be an intention
anal orifice to have carnal knowledge of
the woman against her will
Penalty is higher Penalty is lower
(People vs. Orita, GR No.
(Reclusion Perpetua) (Prision mayor)
88724, April 03, 1990).

143
Note: When the touching of the vagina is without
intent to penetrate, acts of lasciviousness is
committed. (Boado, Notes and Cases on the
Revised Penal Code)
● In other words, "touching" of the female
organ will result in consummated rape if
the penis slid into or touched either labia
of the pudendum. Anything short of that
will only result in either attempted rape
or acts of lasciviousness. Significantly,
People v. Campuhan did not set a
demarcation line separating attempted
rape from acts of lasciviousness. The
difference lies in the intent of the
perpetrator deducible from his external
acts. Thus when the "touching" of the
vagina by the penis is coupled with the
intent to penetrate, attempted rape is
committed. Otherwise, it is merely acts
of lasciviousness (People v. Collado, G.R.
Nos. 135667-70 1 , [March 1, 2001]).
Note: In the crime of rape, complete or full
penetration of the complainant's private parts is
not necessary. Neither is the rupture of the
hymen essential. What is fundamental is that the
entrance, or at least, the introduction of the
male organ into the labia of the pudendum is
proved (People v. Castillo, G.R. No. 84310, [May
29, 1991], 274 PHIL 940-947)
When is rape a special complex crime?
1. When rape is attempted and homicide is
committed by reason of or on occasion
thereof [People v. Ramos, G.R. No.
L-34355, [July 30, 1979], 180 PHIL
597-603; Art. 266-B (paragraph 4)]
2. When by reason of or on the occasion of
consummated rape, homicide is
committed [Art. 335 of the RPC or Art.
266-B (par. 5)].
ARTICLE 266-B. PENALTIES.
Circumstances which would qualify the penalty
for rape from reclusion perpetua to death
(Note: only the penalty of reclusion perpetua
may be imposed under RA 9346):
144
1. When the rape is committed with the use
of a deadly weapon;
2. If the said rape is committed by two or
more persons;
3. When by reason or on the occasion of the
rape, the victim becomes insane;
4. When rape is attempted and homicide is
committed by reason or on occasion
thereof. (RPC, Art. 266-B as amended by
R.A. 8353)
Instances When Reclusion Perpetua is Imposed
Without Eligibility of Parole
When circumstances warranting the imposition of
the death penalty but the death penalty could
not be imposed because of RA 9346, the
qualification ‘without eligibility for parole’ shall
be used to qualify reclusion perpetua in order to
emphasize that the accused should have been
sentenced to death had it not been for RA No.
9346.
1. When the victim is under eighteen (18)
years of age and the offender is a parent,
ascendant, step-parent, guardian,
relative by consanguinity or affinity
within the third civil degree, or the
common-law spouse of the parent of the
victim;
2. When the victim is under the custody of
the police or military authorities or any
law enforcement or penal institution;
3. When the rape is committed in full view
of the spouse, parent, any of the children
or other relatives within the third civil
degree of consanguinity;
4. When the victim is a religious engaged in
legitimate religious vocation or calling
and is personally known to be such by
the offender before or at the time of the
commission of the crime;
5. When the victim is a child below seven
(7) years old;
6. When the offender knows that he is
afflicted with the Human
Immuno-Deficiency Virus (HIV)/Acquired
Immune Deficiency Syndrome (AIDS) or
any other sexually transmissible disease
and the virus or disease is transmitted to
the victim;
7. When committed by any member of the
Armed Forces of the Philippines or
para-military units thereof or the
 Philippine National Police or any law
enforcement agency or penal institution,
when the offender took advantage of his
position to facilitate the commission of
the crime;
8. When by reason or on the occasion of the
rape, the victim has suffered permanent
physical mutilation or disability;
9. When the offender knew of the pregnancy
of the offended party at the time of the
commission of the crime; and
10. When the offender knew of the mental
disability, emotional disorder and/or
physical handicap of the offended party
at the time of the commission of the
crime. (RPC, Art. 266-B as amended by
R.A. 8353)
What is the nature of the 10 circumstances in
Art. 266-B?
The circumstances introduced by RA 7659 and RA
8353 are in the nature of qualifying
circumstances. These are not ordinary
aggravating circumstances which merely increase
the period of penalty. Rather, these are special
qualifying circumstances which must be
specifically pleaded or alleged with certainty in
the information (People v. Dela Peña y Bordomeo,
G.R. Nos. 138358-59, [November 19, 2001], 421
PHIL 262-270); Otherwise, it is only simple rape
(People vs. Libo-on, GR. No. 136737, May 23,
2001)
Penalties to be imposed:
Prison mayor: if rape through sexual assault
under Art. 266-A(2) is committed
Prision mayor to Reclusion temporal: whenever
rape is committed with the use of deadly weapon
or by 2 or more persons
Reclusion temporal:
○ When by reason or on the occasion of the
rape, the victim becomes insane
○ If rape is committed with any of the 10
aggravating/qualifying circumstances
mentioned in Art. 266-B.
Reclusion Temporal to Reclusion Perpetua:
when rape is attempted and homicide is
committed by reason or on occasion thereof
145
Reclusion Perpetua: When by reason or on the
occasion of the rape, homicide is committed
(RPC, Art. 266-B as amended by R.A. 8353).
ARTICLE 266-B. EFFECT OF PARDON.
What is Marital Rape?
A man who penetrates his wife without her
consent or against her will commits sexual
violence upon her (Reyes, The Revised Penal
Code, Book Two)
What are the effects of pardon on the criminal
liability of the accused charged with the crime
of rape?
1. The subsequent valid marriage between
the offender and the offended party shall
extinguish the criminal action or the
penalty imposed.
2. The legal husband may be pardoned by
forgiveness of the wife provided that the
marriage is not void ab initio (Art. 266-C,
RPC, as amended by R.A. 8353).
ARTICLE 266-D. PRESUMPTIONS.
What evidence may be accepted in the
prosecution of rape?
1. Any physical overt act manifesting
resistance against the act of rape in any
degree from the offended party; or
2. Where the offended party is so situated
as to render him/her incapable of giving
consent (Art. 266-D, RPC, as amended by
R.A. 8353)
SPECIAL PENAL LAWS
1. ANTI-TRAFFICKING IN PERSONS ACT OF
2003 (R.A. 9208, AS AMENDED BY R.A.
11862)
SEC. 4. Acts of Trafficking in Persons. – It shall
be unlawful for any person, natural or juridical,
to commit by means of a threat, or use of force,
or other forms of coercion, or through abduction,
fraud, deception, abuse of power or of position,
or through taking advantage of the vulnerability
of the person, or by giving or receiving of
payment or benefit to obtain the consent of a
person having control over another person, any of
the following acts:
(a) To recruit, obtain, hire, provide, offer,
transport, transfer, maintain, harbor, or
receive a person by any means, including
those done under the pretext of domestic
or overseas employment or training or
apprenticeship, for the purpose of
prostitution, pornography, sexual abuse
or exploitation, production, creation, or
distribution of CSAEM or CSAM, forced
labor, slavery, involuntary servitude, or
debt bondage;
(b) To introduce or match for money, profit,
or material, economic or other
consideration, any person or, as provided
for under Republic Act No. 10906 or the
Anti-Mail Order Spouse Act, any Filipino
to a foreign national, for marriage for the
purpose of acquiring, buying, offering,
selling or trading him/her to engage in
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or
simulated, for the purpose of acquiring,
buying, offering, selling, or trading them
to engage in prostitution, pornography,
sexual exploitation, forced labor or
slavery, involuntary servitude or debt
bondage;
(d) To undertake or organize tours and travel
plans consisting of tourism packages or
activities for the purpose of utilizing and
offering persons for prostitution,
pornography or sexual exploitation;
(e) To maintain or hire a person to engage in
prostitution or pornography;
(f) To adopt or facilitate the adoption of
persons for the purpose of prostitution,
pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or
debt bondage;
(g) To adopt or facilitate the adoption of
persons with or without consideration for
the purpose of prostitution, pornography,
sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage, or
146
to facilitate illegal child adoptions or
child laundering, or for other exploitative
purposes;
(h) To recruit, hire, adopt, transport,
transfer, obtain, harbor, maintain,
provide, offer, receive, or abduct a
person, for the purpose of removal or
sale of organs of said person;
(i) To recruit, transport, obtain, transfer,
harbor, maintain, offer, hire, provide,
receive, or adopt a child to engage in
armed activities or participate. in
activities in the context of an armed
conflict in the Philippines or abroad;
(j) To recruit, transport, transfer, harbor,
obtain, maintain, offer, hire, provide, or
receive a person by means defined in
Section 3 of this Act for purposes of
forced labor, slavery, debt bondage and
involuntary servitude, including a
scheme, plan, or pattern intended to
cause the person either:
1. To believe that if the person did
not perform such labor or
services, he or she or another
person would suffer serious harm
or physical restraint; or
2. To abuse or threaten the use of
law or the legal processes;
(k) To recruit, transport, harbor, obtain,
transfer, maintain, hire, offer, provide,
adopt, or receive a child for purposes of
exploitation or trading them, including
the act of buying or selling a child, or
both for any consideration or for barter
for purposes of exploitation. Trafficking
for purposes of exploitation of children
shall include:
1. All forms of slavery or practices
similar to slavery, involuntary
servitude, debt bondage, and
forced labor, including
recruitment of children for use in
armed conflict;
2. The use, procuring or offering of
a child for prostitution, for the
production of CSAEM or CSAM, or
for pornographic performances;
3. The use, procuring or offering of
a child for the production and
trafficking of drugs; and
 4. The use, procuring or offering of
a child for illegal activities or
work which, by its nature or the
circumstances in which it is
carried out, is likely to harm their
health, safety or morals;
(l) To organize, provide financial support, or
direct other persons to commit the
offenses defined as acts of trafficking
under this Act; and
(m) To recruit, transport, obtain, transfer,
harbor, maintain, offer, hire, provide,
receive, or adopt a child for deployment
abroad as migrant worker.
Provided, That when the victim is a child, the
means to commit these unlawful acts as
enumerated in the first paragraph of this section
shall not be necessary: Provided, further, That in
the case of overseas domestic work, a ‘child’
means a person below twenty-four- (24) years
old.
SEC. 5. Acts that Promote Trafficking in
Persons. – The following acts which promote or
facilitate trafficking in persons shall be unlawful:
(a) To knowingly lease or sublease, use, or
allow to be used any house, building,
tourism enterprise, or any similar
establishment; or any vehicle or carrier
by land, sea, and air; or any of their
computer system or computer hardware,
other computer-related devices, or any of
their digital platform and application, for
the purpose of promoting trafficking in
persons;
(b) To produce, print and issue, or distribute
unissued, tampered, or fake passports,
birth certificates, affidavits of delayed
registration of births, foundling
certificates, travel clearances, counseling
certificates, registration stickers,
overseas employment certificates or
other certificates of any government
agency which issues these certificates,
decals, and such other markers as proof
of compliance with government
regulatory and pre-departure
requirements for the purpose of
promoting trafficking in persons;
147
(c) To advertise, publish, print, broadcast or
distribute, or cause the advertisement,
publication, printing, broadcasting or
distribution by any means, including the
use of information technology and the
internet, of any brochure, flyer, or any
propaganda material that promotes
trafficking in persons;
(d) To assist in the conduct of
misrepresentation or fraud for purposes
of facilitating the acquisition of
clearances and necessary exit documents
from government agencies that are
mandated to provide pre-departure
registration and services for departing
persons for the purpose of promoting
trafficking in persons;
(e) To facilitate, assist, or help in the exit
and entry of persons from/to the country
at international and local airports,
territorial boundaries and seaports,
knowing they ate not in possession of
required travel documents, or are in
possession of tampered, fake, or
fraudulently acquired travel documents,
for the purpose of promoting trafficking
in persons;
(f) To confiscate, conceal, or destroy the
passport, travel documents, or personal
documents or belongings of trafficked
persons in furtherance of trafficking or to
prevent them from leaving the country or
seeking redress from the government or
appropriate agencies; and
(g) To knowingly benefit from, financial or
otherwise, or make use of, the labor or
services of a person held to a condition of
involuntary servitude, forced labor, or
slavery.
(h) x x x;
(i) x x x;
(j) x x x;
(k) For internet intermediaries to knowingly
or by gross negligence allow their
internet infrastructure to be used for the
purpose of promoting trafficking in
persons;
(l) For internet cafes, kiosks, and hotspots,
including establishments offering Wi-Fi
access services to the public, to
knowingly or by gross negligence allow
 their facilities to be used for the purpose
of promoting trafficking in persons;
(m) For financial intermediaries, including
banks and credit card companies and
money transfer or remittance centers, to
knowingly or by gross negligence allow
their services, online platform and
applications, among others, to be used
for the purpose of promoting trafficking
in persons;
(n) To knowingly or by gross negligence
facilitate, assist, or help in the entry into
the country of persons who are convicted
sex offenders whether at international
and local airports, territorial boundaries,
and seaports for the purpose of
promoting trafficking in persons; or
(o) To arrange, facilitate, expedite, or cause
the introduction or encounter of persons
who are suspected or convicted sex
offenders in any jurisdiction, to a child.
The actual introduction or encounter
need not occur to be liable under this
provision. It is enough that there is a
deliberate attempt to cause the
introduction or encounter.
SEC. 6. Qualified Trafficking in Persons. –
Violations of Section 4 of this Act shall be
considered as qualified trafficking:
(a) When the trafficked person is a child:
Provided, That acts of online sexual abuse
and exploitation of children shall be
without prejudice to appropriate
investigation and prosecution under other
related laws;
(b) When the adoption is effected through
Republic Act No. 8043, otherwise known
as the "Inter-Country Adoption Act of
1995" and said adoption is for the purpose
of prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(c) When the crime is committed by a
syndicate, or in large scale. Trafficking is
deemed committed by a syndicate if
carried out by a group of three (3) or
more persons conspiring or confederating
with one another. It is deemed committed
in large scale if committed against three
148
(3) or more persons, individually or as a
group;
(d) When the offender is an ascendant,
parent, sibling, guardian or a person who
exercises authority over the trafficked
person or when the offense is committed
by a public officer or employee;
(e) When the trafficked person is recruited to
engage in prostitution with any member
of the military or law enforcement
agencies;
(f) When the offender is a member of the
military or law enforcement agencies;
and
(g) When by reason or on occasion of the act
of trafficking in persons, the offended
party dies, becomes insane, suffers
mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the
Acquired Immune Deficiency Syndrome
(AIDS);
(h) When the offender, commits one or more
acts of trafficking under Section 4 over a
period of at least sixty (60) days, whether
those days are continuous or not;
(i) When the offender, or through another,
directs or manages the actions of a victim
in carrying out the exploitative purpose
of trafficking;
(j) When the crime is committed during a
crisis, disaster, public health concern,
pandemic, a humanitarian conflict, or
emergency situation, or when the
trafficked person is a survivor of a
disaster or a human-induced conflict;
(k) When the trafficked person belongs to an
indigenous community or religious
minority and is considered a member of
the same;
(l) When the trafficked person is a person
with disability (PWD);
(m) When the crime has resulted in
pregnancy;
(n) When the trafficked person suffered
mental or emotional disorder as a result
of being victim of trafficking; or
(o) When the act is committed by or through
the use of ICT or any computer system.
 2. ANTI-VIOLENCE AGAINST WOMEN AND
THEIR CHILDREN ACT OF 2004 (R.A. 9262)
SECTION 3. Definition of Terms.- As used in this
Act,
(a) "Violence against women and their
children" refers to any act or a series of
acts committed by any person against a
woman who is his wife, former wife, or
against a woman with whom the person
has or had a sexual or dating relationship,
or with whom he has a common child, or
against her child whether legitimate or
illegitimate, within or without the family
abode, which result in or is likely to
result in physical, sexual, psychological
harm or suffering, or economic abuse
including threats of such acts, battery,
assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is
not limited to, the following acts:
A. "Physical Violence" refers to acts that
include bodily or physical harm;
B. "Sexual violence" refers to an act which is
sexual in nature, committed against a
woman or her child. It includes, but is not
limited to:
a. Rape, sexual harassment, acts of
lasciviousness, treating a woman
or her child as a sex object,
making demeaning and sexually
suggestive remarks, physically
attacking the sexual parts of the
victim's body, forcing her/him to
watch obscene publications and
indecent shows or forcing the
woman or her child to do
indecent acts and/or make films
thereof, forcing the wife and
mistress/lover to live in the
conjugal home or sleep together
in the same room with the
abuser;
b. Acts causing or attempting to
cause the victim to engage in any
sexual activity by force, threat of
force, physical or other harm or
threat of physical or other harm
or coercion;
149
c. Prostituting the woman or child.
C. "Psychological violence" refers to acts or
omissions causing or likely to cause
mental or emotional suffering of the
victim such as but not limited to
intimidation, harassment, stalking,
damage to property, public ridicule or
humiliation, repeated verbal abuse and
mental infidelity. It includes causing or
allowing the victim to witness the
physical, sexual or psychological abuse of
a member of the family to which the
victim belongs, or to witness pornography
in any form or to witness abusive injury
to pets or to unlawful or unwanted
deprivation of the right to custody and/or
visitation of common children.
D. "Economic abuse" refers to acts that make
or attempt to make a woman financially
dependent which includes, but is not
limited to the following:
1. Withdrawal of financial support
or preventing the victim from
engaging in any legitimate
profession, occupation, business
or activity, except in cases
wherein the other spouse/partner
objects on valid, serious and
moral grounds as defined in
Article 73 of the Family Code;
2. Deprivation or threat of
deprivation of financial resources
and the right to the use and
enjoyment of the conjugal,
community or property owned in
common;
3. Destroying household property;
4. Controlling the victims' own
money or properties or solely
controlling the conjugal money or
properties.
(b) "Battery" refers to an act of inflicting
physical harm upon the woman or her
child resulting to the physical and
psychological or emotional distress.
(c) "Battered Woman Syndrome" refers to a
scientifically defined pattern of
psychological and behavioral symptoms
found in women living in battering
 relationships as a result of cumulative
abuse.
(d) "Stalking" refers to an intentional act
committed by a person who, knowingly
and without lawful justification follows
the woman or her child or places the
woman or her child under surveillance
directly or indirectly or a combination
thereof.
(e) "Dating relationship" refers to a situation
wherein the parties live as husband and
wife without the benefit of marriage or
are romantically involved over time and
on a continuing basis during the course of
the relationship. A casual acquaintance or
ordinary socialization between two
individuals in a business or social context
is not a dating relationship.
(f) "Sexual relations" refers to a single sexual
act which may or may not result in the
bearing of a common child.
(g) Safe place or shelter" refers to any home
or institution maintained or managed by
the Department of Social Welfare and
Development (DSWD) or by any other
agency or voluntary organization
accredited by the DSWD for the purposes
of this Act or any other suitable place the
resident of which is willing temporarily to
receive the victim.
(h) "Children" refers to those below eighteen
(18) years of age or older but are
incapable of taking care of themselves as
defined under Republic Act No. 7610. As
used in this Act, it includes the biological
children of the victim and other children
under her care.
SECTION 5. Acts of Violence Against Women and
Their Children.- The crime of violence against
women and their children is committed through
any of the following acts:
(a) Causing physical harm to the woman or
her child;
(b) Threatening to cause the woman or her
child physical harm;
(c) Attempting to cause the woman or her
child physical harm;
(d) Placing the woman or her child in fear of
imminent physical harm;
150
(e) Attempting to compel or compelling the
woman or her child to engage in conduct
which the woman or her child has the
right to desist from or desist from
conduct which the woman or her child
has the right to engage in, or attempting
to restrict or restricting the woman's or
her child's freedom of movement or
conduct by force or threat of force,
physical or other harm or threat of
physical or other harm, or intimidation
directed against the woman or child. This
shall include, but not limited to, the
following acts committed with the
purpose or effect of controlling or
restricting the woman's or her child's
movement or conduct:
1. Threatening to deprive or
actually depriving the woman or
her child of custody to her/his
family;
2. Depriving or threatening to
deprive the woman or her
children of financial support
legally due her or her family, or
deliberately providing the
woman's children insufficient
financial support;
3. Depriving or threatening to
deprive the woman or her child of
a legal right;
4. Preventing the woman in
engaging in any legitimate
profession, occupation, business
or activity or controlling the
victim's own mon4ey or
properties, or solely controlling
the conjugal or common money,
or properties;
(f) Inflicting or threatening to inflict physical
harm on oneself for the purpose of
controlling her actions or decisions;
(g) Causing or attempting to cause the
woman or her child to engage in any
sexual activity which does not constitute
rape, by force or threat of force, physical
harm, or through intimidation directed
against the woman or her child or her/his
immediate family;
 (h) Engaging in purposeful, knowing, or
reckless conduct, personally or through
another, that alarms or causes substantial
emotional or psychological distress to the
woman or her child. This shall include,
but not be limited to, the following acts:
1. Stalking or following the woman
or her child in public or private
places;
2. Peering in the window or
lingering outside the residence of
the woman or her child;
3. Entering or remaining in the
dwelling or on the property of the
woman or her child against
her/his will;
4. Destroying the property and
personal belongings or inflicting
harm to animals or pets of the
woman or her child; and
5. Engaging in any form of
harassment or violence;
(i) Causing mental or emotional anguish,
public ridicule or humiliation to the
woman or her child, including, but not
limited to, repeated verbal and
emotional abuse, and denial of financial
support or custody of minor children of
access to the woman's child/children.
SECTION 8. Protection Orders.- A protection
order is an order issued under this act for the
purpose of preventing further acts of violence
against a woman or her child specified in Section
5 of this Act and granting other necessary relief.
The relief granted under a protection order
serves the purpose of safeguarding the victim
from further harm, minimizing any disruption in
the victim's daily life, and facilitating the
opportunity and ability of the victim to
independently regain control over her life. The
provisions of the protection order shall be
enforced by law enforcement agencies. The
protection orders that may be issued under this
Act are the barangay protection order (BPO),
temporary protection order (TPO) and permanent
protection order (PPO). The protection orders
that may be issued under this Act shall include
any, some or all of the following reliefs:
151
(a) Prohibition of the respondent from
threatening to commit or committing,
personally or through another, any of the
acts mentioned in Section 5 of this Act;
(b) Prohibition of the respondent from
harassing, annoying, telephoning,
contacting or otherwise communicating
with the petitioner, directly or indirectly;
(c) Removal and exclusion of the respondent
from the residence of the petitioner,
regardless of ownership of the residence,
either temporarily for the purpose of
protecting the petitioner, or permanently
where no property rights are violated,
and if respondent must remove personal
effects from the residence, the court
shall direct a law enforcement agent to
accompany the respondent has gathered
his things and escort respondent from the
residence;
(d) Directing the respondent to stay away
from petitioner and designated family or
household member at a distance specified
by the court, and to stay away from the
residence, school, place of employment,
or any specified place frequented by the
petitioner and any designated family or
household member;
(e) Directing lawful possession and use by
petitioner of an automobile and other
essential personal effects, regardless of
ownership, and directing the appropriate
law enforcement officer to accompany
the petitioner to the residence of the
parties to ensure that the petitioner is
safely restored to the possession of the
automobile and other essential personal
effects, or to supervise the petitioner's or
respondent's removal of personal
belongings;
(f) Granting a temporary or permanent
custody of a child/children to the
petitioner;
(g) Directing the respondent to provide
support to the woman and/or her child if
entitled to legal support. Notwithstanding
other laws to the contrary, the court shall
order an appropriate percentage of the
income or salary of the respondent to be
withheld regularly by the respondent's
employer for the same to be
automatically remitted directly to the
 woman. Failure to remit and/or withhold
or any delay in the remittance of support
to the woman and/or her child without
justifiable cause shall render the
respondent or his employer liable for
indirect contempt of court;
(h) Prohibition of the respondent from any
use or possession of any firearm or deadly
weapon and order him to surrender the
same to the court for appropriate
disposition by the court, including
revocation of license and disqualification
to apply for any license to use or possess
a firearm. If the offender is a law
enforcement agent, the court shall order
the offender to surrender his firearm and
shall direct the appropriate authority to
investigate on the offender and take
appropriate action on matter;
(i) Restitution for actual damages caused by
the violence inflicted, including, but not
limited to, property damage, medical
expenses, childcare expenses and loss of
income;
(j) Directing the DSWD or any appropriate
agency to provide petitioner may need;
and
(k) Provision of such other forms of relief as
the court deems necessary to protect and
provide for the safety of the petitioner
and any designated family or household
member, provided petitioner and any
designated family or household member
consents to such relief.
(l) Any of the reliefs provided under this
section shall be granted even in the
absence of a decree of legal separation or
annulment or declaration of absolute
nullity of marriage.
(m) The issuance of a BPO or the pendency of
an application for BPO shall not preclude
a petitioner from applying for, or the
court from granting a TPO or PPO.
SECTION 9. Who may file Petition for Protection
Orders. – A petition for protection order may be
filed by any of the following:
(a) The offended party;
(b) Parents or guardians of the offended
party;
152
(c) Ascendants, descendants or collateral
relatives within the fourth civil degree of
consanguinity or affinity;
(d) Officers or social workers of the DSWD or
social workers of local government units
(LGUs);
(e) police officers, preferably those in charge
of women and children's desks;
(f) Punong Barangay or Barangay Kagawad;
(g) lawyer, counselor, therapist or healthcare
provider of the petitioner;
(h) At least two (2) concerned responsible
citizens of the city or municipality where
the violence against women and their
children occurred and who has personal
knowledge of the offense committed.
SECTION 10. Where to Apply for a Protection
Order. – Applications for BPOs shall follow the
rules on venue under Section 409 of the Local
Government Code of 1991 and its implementing
rules and regulations. An application for a TPO or
PPO may be filed in the regional trial court,
metropolitan trial court, municipal trial court,
municipal circuit trial court with territorial
jurisdiction over the place of residence of the
petitioner: Provided, however, That if a family
court exists in the place of residence of the
petitioner, the application shall be filed with that
court.
SECTION 11. How to Apply for a Protection Order.
– The application for a protection order must be
in writing, signed and verified under oath by the
applicant. It may be filed as an independent
action or as incidental relief in any civil or
criminal case the subject matter or issues thereof
partakes of a violence as described in this Act. A
standard protection order application form,
written in English with translation to the major
local languages, shall be made available to
facilitate applications for protections order, and
shall contain, among other, the following
information:
(a) Names and addresses of petitioner and
respondent;
(b) Description of relationships between
petitioner and respondent;
(c) A statement of the circumstances of the
abuse;
 (d) Description of the reliefs requested by
petitioner as specified in Section 8
herein;
(e) Request for counsel and reasons for such;
(f) Request for waiver of application fees
until hearing; and
(g) An attestation that there is no pending
application for a protection order in
another court.
If the applicant is not the victim, the application
must be accompanied by an affidavit of the
applicant attesting to (a) the circumstances of
the abuse suffered by the victim and (b) the
circumstances of consent given by the victim for
the filling of the application. When disclosure of
the address of the victim will pose danger to her
life, it shall be so stated in the application. In
such a case, the applicant shall attest that the
victim is residing in the municipality or city over
which court has territorial jurisdiction, and shall
provide a mailing address for the purpose of
service processing.
An application for protection order filed with a
court shall be considered an application for both
a TPO and PPO.
Barangay officials and court personnel shall assist
applicants in the preparation of the application.
Law enforcement agents shall also extend
assistance in the application for protection orders
in cases brought to their attention.
SECTION 12. Enforceability of Protection Orders.
– All TPOs and PPOs issued under this Act shall be
enforceable anywhere in the Philippines and a
violation thereof shall be punishable with a fine
ranging from Five Thousand Pesos (P5,000.00) to
Fifty Thousand Pesos (P50,000.00) and/or
imprisonment of six (6) months.
SECTION 13. Legal Representation of Petitioners
for Protection Order. – If the woman or her child
requests in the applications for a protection order
for the appointment of counsel because of lack of
economic means to hire a counsel de parte, the
court shall immediately direct the Public
Attorney's Office (PAO) to represent the
petitioner in the hearing on the application. If
the PAO determines that the applicant can afford
to hire the services of a counsel de parte, it shall
facilitate the legal representation of the
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petitioner by a counsel de parte. The lack of
access to family or conjugal resources by the
applicant, such as when the same are controlled
by the perpetrator, shall qualify the petitioner to
legal representation by the PAO.
However, a private counsel offering free legal
service is not barred from representing the
petitioner.
SECTION 14. Barangay Protection Orders (BPOs);
Who May Issue and How. - Barangay Protection
Orders (BPOs) refer to the protection order issued
by the Punong Barangay ordering the perpetrator
to desist from committing acts under Section 5
(a) and (b) of this Act. A Punong Barangay who
receives applications for a BPO shall issue the
protection order to the applicant on the date of
filing after ex parte determination of the basis of
the application. If the Punong Barangay is
unavailable to act on the application for a BPO,
the application shall be acted upon by any
available Barangay Kagawad. If the BPO is issued
by a Barangay Kagawad the order must be
accompanied by an attestation by the Barangay
Kagawad that the Punong Barangay was
unavailable at the time for the issuance of the
BPO. BPOs shall be effective for fifteen (15) days.
Immediately after the issuance of an ex parte
BPO, the Punong Barangay or Barangay Kagawad
shall personally serve a copy of the same on the
respondent, or direct any barangay official to
effect his personal service.
The parties may be accompanied by a non-lawyer
advocate in any proceeding before the Punong
Barangay.
SECTION 15. Temporary Protection Orders. –
Temporary Protection Orders (TPOs) refers to the
protection order issued by the court on the date
of filing of the application after ex parte
determination that such order should be issued. A
court may grant in a TPO any, some or all of the
reliefs mentioned in this Act and shall be
effective for thirty (30) days. The court shall
schedule a hearing on the issuance of a PPO prior
to or on the date of the expiration of the TPO.
The court shall order the immediate personal
service of the TPO on the respondent by the court
sheriff who may obtain the assistance of law
enforcement agents for the service. The TPO
shall include notice of the date of the hearing on
the merits of the issuance of a PPO.
SECTION 16. Permanent Protection Orders. –
Permanent Protection Order (PPO) refers to a
protection order issued by the court after notice
and hearing.
Respondents' non-appearance despite proper
notice, or his lack of a lawyer, or the
non-availability of his lawyer shall not be a
ground for rescheduling or postponing the hearing
on the merits of the issuance of a PPO. If the
respondents appears without counsel on the date
of the hearing on the PPO, the court shall appoint
a lawyer for the respondent and immediately
proceed with the hearing. In case the respondent
fails to appear despite proper notice, the court
shall allow ex parte presentation of the evidence
by the applicant and render judgment on the
basis of the evidence presented. The court shall
allow the introduction of any history of abusive
conduct of a respondent even if the same was not
directed against the applicant or the person for
whom the applicant is made.
The court shall, to the extent possible, conduct
the hearing on the merits of the issuance of a
PPO in one (1) day. Where the court is unable to
conduct the hearing within one (1) day and the
TPO issued is due to expire, the court shall
continuously extend or renew the TPO for a
period of thirty (30) days at each particular time
until final judgment is issued. The extended or
renewed TPO may be modified by the court as
may be necessary or applicable to address the
needs of the applicant.
The court may grant any, some or all of the
reliefs specified in Section 8 hereof in a PPO. A
PPO shall be effective until revoked by a court
upon application of the person in whose favor the
order was issued. The court shall ensure
immediate personal service of the PPO on
respondent.
The court shall not deny the issuance of a
protection order on the basis of the lapse of time
between the act of violence and the filing of the
application.
Regardless of the conviction or acquittal of the
respondent, the Court must determine whether
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or not the PPO shall become final. Even in a
dismissal, a PPO shall be granted as long as there
is no clear showing that the act from which the
order might arise did not exist.
SECTION 26. Battered Woman Syndrome as a
Defense. – Victim-survivors who are found by the
courts to be suffering from battered woman
syndrome do not incur any criminal and civil
liability notwithstanding the absence of any of
the elements for justifying circumstances of
self-defense under the Revised Penal Code.
In the determination of the state of mind of the
woman who was suffering from battered woman
syndrome at the time of the commission of the
crime, the courts shall be assisted by expert
psychiatrists/ psychologists.
3. ANTI-CHILD PORNOGRAPHY ACT OF
2009 (R.A. 9775)
Section 3. Definition of Terms. -
(a) "Child" refers to a person below eighteen
(18) years of age or over, but is unable to
fully take care of himself/herself from
abuse, neglect, cruelty, exploitation or
discrimination because of a physical or
mental disability or condition.
For the purpose of this Act, a child shall also
refer to:
(1) A person regardless of age who is
presented, depicted or portrayed as a
child as defined herein; and
(2) Computer-generated, digitally or
manually crafted images or graphics of a
person who is represented or who is made
to appear to be a child as defined herein.
(b) "Child pornography" refers to any
representation, whether visual, audio, or
written combination thereof, by
electronic, mechanical, digital, optical,
magnetic or any other means, of child
engaged or involved in real or simulated
explicit sexual activities.
(c) "Explicit Sexual Activity" includes actual
or simulated -
(1) As to form:
(a) Sexual intercourse or
lascivious act including,
but not limited to,
contact involving genital
to genital, oral to genital,
anal to genital, or oral to
anal, whether between
persons of the same or
opposite sex;
(b) Bestiality;
(c) Masturbation;
(d) Sadistic or masochistic
abuse;
(e) Lascivious exhibition of
the genitals, buttocks,
breasts, pubic area
and/or anus; or
(f) Use of any object or
instrument for lascivious
acts
(d) "Internet address" refers to a website,
bulletin board service, internet chat room
or news group, or any other internet or
shared network protocol address.
(e) "Internet cafe or kiosk" refers to an
establishment that offers or proposes to
offer services to the public for the use of
its computer/s or computer system for
the purpose of accessing the internet,
computer games or related services.
(f) "Internet content host" refers to a person
who hosts or who proposes to host
internet content in the Philippines.
(g) "Internet service provider (ISP)" refers to
a person or entity that supplies or
proposes to supply, an internet carriage
service to the public.
(h) "Grooming" refers to the act of preparing
a child or someone who the offender
believes to be a child for sexual activity
or sexual relationship by communicating
any form of child pornography. It includes
online enticement or enticement through
any other means.
(i) "Luring" refers to the act of
communicating, by means of a computer
system, with a child or someone who the
offender believes to be a child for the
purpose of facilitating the commission of
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sexual activity or production of any form
of child pornography.(2) Bestiality;
(j) "Pandering" refers to the act of offering,
advertising, promoting, representing or
distributing through any means any
material or purported material that is
intended to cause another to believe that
the material or purported material
contains any form of child pornography,
regardless of the actual content of the
material or purported material.
(k) "Person" refers to any natural or juridical
entity.
Section 4. Unlawful or Prohibited Acts. - It shall
be unlawful for any person:
(a) To hire, employ, use, persuade, induce or
coerce a child to perform in the creation
or production of any form of child
pornography;
(b) To produce, direct, manufacture or
create any form of child pornography;
(c) To publish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or
import any form of child pornography;
(d) To possess any form of child pornography
with the intent to sell, distribute,
publish, or broadcast: Provided. That
possession of three (3) or more articles of
child pornography of the same form shall
be prima facie evidence of the intent to
sell, distribute, publish or broadcast;
(e) To knowingly, willfully and intentionally
provide a venue for the commission of
prohibited acts as, but not limited to,
dens, private rooms, cubicles, cinemas,
houses or in establishments purporting to
be a legitimate business;
(f) For film distributors, theaters and
telecommunication companies, by
themselves or in cooperation with other
entities, to distribute any form of child
pornography;
(g) For a parent, legal guardian or person
having custody or control of a child to
knowingly permit the child to engage,
participate or assist in any form of child
pornography;
(h) To engage in the luring or grooming of a
child;
 (i) To engage in pandering of any form of
child pornography;
(j) To willfully access any form of child
pornography;
(k) To conspire to commit any of the
prohibited acts stated in this section.
Conspiracy to commit any form of child
pornography shall be committed when
two (2) or more persons come to an
agreement concerning the commission of
any of the said prohibited acts and decide
to commit it; and
(l) To possess any form of child pornography.
4. SPECIAL PROTECTION OF CHILDREN
AGAINST ABUSE, EXPLOITATION, AND
DISCRIMINATION ACT (SECS. 3(A), 5 AND
10, R.A. NO. 7610)
Definition
Children
Person below eighteen (18) years of age; or
Those over but are unable to fully take care of
themselves or protect themselves from abuse,
neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or
condition. [R.A. 7610, Section 3(a)]
Children exploited in prostitution and other
sexual abuse
Children, whether male or female, who for
money, profit, or any other consideration or due
to the coercion or influence of any adult,
syndicate or group, indulge in sexual intercourse
or lascivious conduct (R.A. 7610, Section 5)
Acts Punishable under Section 5
1. Those who engage in or promote,
facilitate, or induce child prostitution
which include, but are not limited to, the
following:
a. Acting as a procurer of a child
prostitute;
b. Inducing a person to be a client
of a child prostitute by means of
written or oral advertisement or
other similar means;
c. Taking advantage of influence or
relationship to procure a child as
prostitute;
156
d. Threatening or using violence
towards a child to engage him as
a prostitute; or
e. Giving monetary consideration
goods or other pecuniary benefit
to a child with intent to engage
such child in prostitution.
2. Those who commit the act of sexual
intercourse or lascivious conduct with a
child exploited in prostitution or subject
to other sexual abuse; and
3. Those who derive profit or advantage
therefrom, whether as manager or owner
of the establishment where the
prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment
or establishment serving as a cover or
which engages in prostitution in addition
to the activity for which the license has
been issued to said establishment. (Id.)
First Act — Engage in or Promote, Facilitate, or
Induce Child Prostitution
Elements of First Act
1. The accused engages in, promotes,
facilitates, or induces child prostitution;
2. The act is done through, but not limited,
to the following: :
a. Acting as a procurer of a child
prostitute;
b. Inducing a person to be a client
of a child prostitute by means of
written or oral advertisement or
other similar means;
c. Taking advantage of influence or
relationship to procure a child as
prostitute;
d. Threatening or using violence
towards a child to engage him as
a prostitute; or
e. Giving monetary consideration
goods or other pecuniary benefit
to a child with intent to engage
such child in prostitution;
4. The child is exploited or intended to be
exploited in prostitution; and
5. The child, whether male or female, is
below 18 years of age. (People v. Dulay,
G.R. No. 193854, September 24, 2021)
Second Act — Commit the Act of Sexual
Intercourse or Lascivious Conduct with a Child
Exploited in Prostitution or Subject to Other
Sexual Abuse
Elements of Second Act
1. The accused commits the act of sexual
intercourse or lascivious conduct;
2. The act is performed with a child
exploited in prostitution or subject to
other sexual abuse; and
3. The child, whether male or female, is
below 18 years of age.
Victim is 12 Years of Age
● When the victim is under twelve (12)
years of age, the perpetrators shall be
prosecuted under Article 335, paragraph
3, for rape and Article 336 of Act No.
3815, as amended, the Revised Penal
Code, for rape or lascivious conduct, as
the case may be.
● The penalty for lascivious conduct when
the victim is under twelve (12) years of
age shall be reclusion temporal in its
medium period. [R.A. 7610, Section 5(b)]
Amended by Republic Act No. 116481
● Increased the age for determining
the commission of statutory rape
from twelve (12) years of age to
sixteen (16) years of age.
● Approved on March 4, 2022.
Acts Punishable under Section 6
Attempt to Commit Child Prostitution - There is
an attempt to commit child prostitution under
Section 5, paragraph (a) when any person who,
not being a relative of a child, is found alone with
the said child inside the room or cubicle of a
house, an inn, hotel, motel, pension house,
apartelle or other similar establishments, vessel,
vehicle or any other hidden or secluded area
under circumstances which would lead a
reasonable person to believe that the child is
about to be exploited in prostitution and other
sexual abuse.
There is also an attempt to commit child
prostitution, under paragraph (b) of Section 5
hereof when any person is receiving services from
157
a child in a sauna parlor or bath, massage clinic,
health club and other similar establishments.
Note: A penalty lower by two (2) degrees than
that prescribed for the consummated felony
under Section 5 of RA 7610 shall be imposed upon
the principals of the attempt to commit the
crime of child prostitution under this Act, or, in
the proper case, under the Revised Penal Code.
(Sec. 6, paragraph 2, RA 7610)
Act Punishable under Section 7
● Child Trafficking — Any person who shall
engage in trading and dealing with
children including, but not limited to, the
act of buying and selling of a child for
money, or for any consideration, or
barter, shall suffer the penalty of
reclusion temporal to reclusion perpetua.
The penalty shall be imposed in its
maximum period when the victim is under
sixteen (16) years of age. [as amended by
R.A. 11648]
Acts Punishable under Section 8
There is an Attempt to Commit Child Trafficking
when:
a. When a child travels alone to a foreign
country without valid reason therefor and
without clearance issued by the
Department of Social Welfare and
Development or written permit or
justification from the child's parents or
legal guardian;
b. When a pregnant mother executes an
affidavit of consent for adoption for a
consideration;
c. When a person, agency, establishment or
child-caring institution recruits women or
couples to bear children for the purpose
of child trafficking; or
d. When a doctor, hospital or clinic official
or employee, nurse, midwife, local civil
registrar or any other person simulates
birth for the purpose of child trafficking;
or;
e. When a person engages in the act of
finding children among low-income
families, hospitals, clinics, nurseries,
 day-care centers, or other child-during
institutions who can be offered for the
purpose of child trafficking. [R.A. 7610,
Section 8]
Note: A penalty lower two (2) degrees than that
prescribed for the consummated felony under
Section 7 shall be imposed upon the principals of
the attempt to commit child trafficking under
this Act.
Acts Punishable under Section 9
● Obscene Publications and Indecent Shows
- Any person who shall hire, employ, use,
persuade, induce, or coerce a child to
perform in obscene exhibitions and
indecent shows, whether live or in video,
or model in obscene publications or
pornographic materials, or to sell or
distribute the said materials shall suffer
the penalty of prision mayor in its
medium period. [as amended by R.A.
11648]
● "If the child used as a performer, subject,
or seller/distributor is under eighteen
(18) years of age, the penalty shall be
imposed in its maximum period.[as
amended by R.A. 11648]
● Any ascendant, guardian, or person
entrusted in any capacity with the care of
a child who shall cause and/or allow such
child to be employed or to participate in
an obscene play, scene, act, movie or
show or in any other acts covered by this
section shall suffer the penalty of prision
mayor in its medium period.
Acts Punishable under Section 10
1. Any person who shall commit any other
acts of child abuse, cruelty or
exploitation or to be responsible for other
conditions prejudicial to the child's
development including those covered by
Article 59 of Presidential Decree No. 603,
as amended, but not covered by the
Revised Penal Code, as amended;
2. Any person who shall keep or have in his
company a minor, twelve (12) years or
under or who in ten (10) years or more his
junior in any public or private place,
hotel, motel, beer joint, discotheque,
cabaret, pension house, sauna or massage
158
parlor, beach and/or other tourist resort
or similar places;
● Amended by RA No 116481.
3. Any person who shall induce, deliver or
offer a minor to any one prohibited by
this Act to keep or have in his company a
minor as provided in the preceding
paragraph;
4. Any person, owner, manager or one
entrusted with the operation of any
public or private place of
accommodation, whether for occupancy,
food, drink or otherwise, including
residential places, who allows any person
to take along with him to such place or
places any minor herein described;
5. Any person who shall use, coerce, force
or intimidate a street child or any other
child to:
a. Beg or use begging as a means of
living;
b. Act as conduit or middlemen in
drug trafficking or pushing; or
c. Conduct any illegal activities.
[R.A. 7610, Section 10]
Acts Punishable under Section 12
Employment of Children
Children below fifteen (15) years of age shall not
be employed except:
1. When a child works directly under the
sole responsibility of his/her parents or
legal guardian and where only members
of his/her family are employed: Provided,
however, That his/her employment
neither endangers his/her life, safety,
health, and morals, nor impairs his/her
normal development: Provided, further,
That the parent or legal guardian shall
provide the said child with the prescribed
primary and/or secondary education; or
2. Where a child's employment or
participation in public entertainment or
information through cinema, theater,
radio, television or other forms of media
is essential: Provided, That the
employment contract is concluded by the
child's parents or legal guardian, with the
express agreement of the child
concerned, if possible, and the approval
of the Department of Labor and
Employment: Provided, further, That the
 following requirements in all instances
are strictly complied with:
a. The employer shall ensure the
protection, health, safety, morals
and normal development of the
child;
b. The employer shall institute
measures to prevent the child's
exploitation or discrimination
taking into account the system
and level of remuneration, and
the duration and arrangement of
working time; and
c. The employer shall formulate and
implement, subject to the
approval and supervision of
competent authorities,
continuing program for training
and skills acquisition of the child.
In the above-exceptional cases where any such
child may be employed, the employer shall first
secure, before engaging such child a work permit
from the Department of Labor and Employment
which shall ensure observance of the above
requirements. [as amended by R.A. 9231]
5. PROHIBITION OF CHILD MARRIAGE LAW
(RA 11596)
a) Definition of Terms [Sec. 3]
Section 3. Definition of Terms. – As used in this
Act:
(a) Child refers to any human being under
eighteen (18) years of age, or any person
eighteen (18) years of age or over but who is
unable to fully take care and protect oneself
from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or
mental disability or condition;
(b) Child marriage refers to any marriage
entered into where one or both parties are
children as defined in the paragraph above,
and solemnized in civil or church
proceedings, or in any recognized traditional,
cultural or customary manner. It shall include
an informal union or cohabitation outside of
wedlock between an adult and a child, or
between children;
(c) Guardians refer to relatives or individuals
taking custody of a child in the absence of
the parents, or anyone to whom a child is
given or left for care or custody, whether
permanent or temporary; or persons
judicially appointed by a competent court as
guardians;
(d) Parents refer to biological parents or
adoptive parents; and
(e) Solemnizing officers refers to any person
authorized to officiate a marriage under
Executive Order No. 209, otherwise known as
“The Family Code of the Philippines,” or
recognized to celebrate marriages by reason
of religion, tradition, or customs.
a b) Unlawful Acts [Sec. 4]
Section 4. Unlawful Acts. – The following are
declared unlawful and prohibited acts:
(a) Facilitation of Child Marriage. – Any person
who causes, fixes, facilitates, or arranges a
child marriage shall suffer the penalty of
prision mayor in its medium period and a fine
of not less than Forty thousand pesos
(P40,000.00): Provided, however, That should
the perpetrator be an ascendant, parent,
adoptive parent, step parent, or guardian of
the child, the penalty shall be prision mayor
in its maximum period, or fine of not less
than Fifty thousand pesos (P50,000.00), and
perpetual loss of parental authority:
Provided, further, That any person who
produces, prints, issues and/or distributes
fraudulent or tampered documents such as
birth certificates, affidavits of delayed
registration of birth and/or foundling
certificates for the purpose of
misrepresenting the age of a child to
facilitate child marriage or evade liability
under this Act shall be liable under this
section, without prejudice to liability under
other laws: Provided, finally, That if the
perpetrator is a public officer, he or she shall
be dismissed from the service and may be
perpetually disqualified from holding office,
at the discretion of the courts;
(b) Solemnization of Child Marriage. – Any
person who performs or officiates a child
marriage shall suffer the penalty of prision
mayor in its maximum period and a fine of
not less than Fifty thousand pesos
159
 (P50,000.00): Provided, however, That if the
perpetrator is a public officer, he or she shall
be dismissed from the service and may be
perpetually disqualified from holding office,
at the discretion of the courts; and
(c) Cohabitation of an Adult with a Child
Outside Wedlock. – An adult partner who
cohabits with a child outside wedlock shall
suffer the penalty of prision mayor in its
maximum period and a fine of not less than
Fifty thousand pesos (P50,000.00): Provided,
however, That if the perpetrator is a public
officer, he or she shall likewise be dismissed
from the service and may be perpetually
disqualified from holding office, at the
discretion of the courts: Provided, finally,
That this shall be without prejudice to higher
penalties that may be imposed in the Revised
Penal Code and other special laws.
c) Public Crimes [Sec. 5]
Section 5. Public Crimes. – The foregoing
unlawful and prohibited acts are deemed public
crimes and be initiated by any concerned
individual.
6. AN ACT PROVIDING FOR STRONGER
PROTECTION AGAINST RAPE AND
SEXUAL EXPLOITATION AND ABUSE,
INCREASING THE AGE FOR DETERMINING
THE COMMISSION OF STATUTORY RAPE
(RA 11648)
a) Amendment on Rape [Sec. 1]
Section 1. Article 266-A (1)(d) of Act No. 3815,
otherwise known as "The Revised Penal Code," as
amended by Republic Act No. 8353 known as "The
Anti-Rape Law of 1997," is hereby further
amended to read as follows:
"Article 266-A. Rape; When and How Committed.
- Rape is committed:
"1) By a person who shall have carnal knowledge
of another person under any of the following
circumstances:
"x x x"
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d) When the offended party is under sixteen (16)
years of age or is demented, even though none of
the circumstances mentioned above be present:
Provided, That there shall be no criminal liability
on the part of a person having carnal knowledge
of another person sixteen (16) years of age when
the age difference between the parties is not
more than three (3) years, and the sexual act in
question is proven to be consensual, non-abusive,
and non-exploitative: Provided, further, That if
the victim is under thirteen (13) years of age, this
exception shall not apply.
"As used in this Act, non-abusive shall mean the
absence of undue influence, intimidation,
fraudulent machinations, coercion, threat,
physical, sexual, psychological, or mental injury
or maltreatment, either with intention or through
neglect, during the conduct of sexual activities
with the child victim.ℒαwρhi৷ On the other hand,
non-exploitative shall mean there is no actual or
attempted act or acts of unfairly taking
advantage of the child's position of vulnerability,
differential power, or trust during the conduct of
sexual activities."
b) Amendment on Qualified Seduction [Sec. 2]
Section 2. Articles 337 and 338 of Act No. 3815,
otherwise known as "The Revised Penal Code" are
hereby amended to read as follows:
"Article 337. Qualified seduction. - The seduction
of a minor, sixteen and over but under eighteen
years of age, committed by any person in public
authority, priest, home-servant, domestic,
guardian, teacher, or any person who, in any
capacity, shall be entrusted with the education or
custody of the minor seduced, shall be punished
by prision correccional in its minimum and
medium periods.
"The penalty next higher in degree shall be
imposed upon any person who shall seduce his
sister or descendant, whether or not she be a
virgin or over eighteen years of age.
"Under the provisions of this Chapter, seduction is
committed when the offender have carnal
knowledge of any of the persons and under the
circumstances described therein."

"Article 338. Simple seduction. - The seduction of
a minor, sixteen and over but under eighteen
years of age, committed by means of deceit, shall
be punished by arresto mayor."
I. CRIMES AGAINST PERSONAL LIBERTY AND
SECURITY (Arts. 267-292)
ARTICLE 267. KIDNAPPING AND SERIOUS
ILLEGAL DETENTION.
Elements:
1. That the offender is a private individual
2. That he kidnaps or detains another, or in
any other 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:
a. That the kidnapping or detention
lasts for more than 3 days
b. That it is committed simulating
public authority
c. That any serious physical injuries
are inflicted upon the person
kidnapped or detained or threats
to kill him are made, or
d. That the person kidnapped or
detained is a minor, female, or a
public officer (People vs.
Mercado, 131 SCRA 501)
Note: The essential element of kidnapping is the
deprivation of the offended party’s liberty under
any of the four instances enumerated. [People v.
Suarez, G.R. No. L-27352 (1969)]; (Reyes, Book
Two, p. 733)
It is not necessary that the victim be placed in
an enclosure
Kidnaping may consist not only in placing a person
in an enclosure but also in detaining him or
depriving him in any manner of his liberty (People
v. Crisostomo, G.R. No. 19034, February 17,
1923).
161
Lack of Consent is a Fundamental Element
The involuntariness of the seizure and detention
is the very essence of the crime. Although the
victim may have initially consented to go with the
offender to a place, but the victim is thereafter
prevented, with the use of force, from leaving
the place where he was brought to with his
consent and is detained against his will, the
offender is still guilty of kidnapping and serious
illegal detention. [People v. Pickrell, G.R. No.
120409 (2003)]
Special Complex Crime of Kidnapping with
Murder
Prior to December 31, 1993 (Effectivity of RA
7659)
Rule: where the kidnapped victim was
subsequently killed, the crime would either be a
complex crime of kidnapping with murder
(Revised Penal Code, Article 267) under Art. 48 or
2 separate crimes of kidnapping and murder
● Kidnapping with Murder: Where the
accused kidnapped the victim for the
purpose of killing him (People vs. Delim,
GR. No. 142773, January 28, 2003)
● 2 separate crimes of Kidnapping and
Murder: On the other hand, where the
victim was kidnapped not for the purpose
of killing him but was subsequently slain
as an afterthought, two (2) separate
crimes of kidnapping and murder were
committed (People v. Ramos, G.R. No.
118570, [October 12, 1998], 358 PHIL
261-288)
Upon effectivity of RA 7659
When the victim is killed or dies as a
consequence of the detention, or is raped, or is
subjected to torture or dehumanizing acts, the
maximum penalty shall be imposed.
Where the person kidnapped is killed in the
course of the detention, regardless of whether
the killing was purposely sought or was merely an
afterthought, the kidnapping and murder or
homicide can no longer be complexed under Art.
48, nor be treated as separate crimes, but shall
be punished as a special complex crime (People
vs. Ramos, GR No. 118570, Oct. 12, 1998)
When maximum of the penalty is imposed:
rapes be considered
1. If the purpose of kidnapping or detention
committed as separate
is to extort ransom;
crimes.
2. When the victim is killed or dies as a
consequence of the detention; (Reyes, The Revised Penal Code, Book Two;
3. When the victim is raped; Amurao, Commentaries on Criminal Law, Revised
4. When the victim is subjected to torture Penal Code, Book Two, Part Two)
or dehumanizing acts. (Art. 267, RPC as
amended by R.A. 7659)

Kidnapping with Rape and Forcible Abduction

with Rape; Distinguished Illegal Detention vs. Arbitrary detention

Kidnapping Forcible Illegal Arbitrary

with Rape Abduction Detention Detention
with Rape; (Articles (Article 124)
267-268)
As to Taking of At the outset,
presence of victim was there is As to who Private Public Officer
lewd designs without lewd already lewd may commit Individual
designs designs
As to Unlawfully Detains a
As to nature It is a special It is a manner of kidnaps, person
of complex complex complex commission detains, or without legal
crime crime crime under otherwise ground
Art. 48 since deprives a
forcible person of
abduction is a liberty
necessary
means of As to nature Crime against Crime against
committing of the crime personal the
the crime of liberty and fundamental
rape security law of the
State
As to effect Attempted The crime
of attempted rape shall be committed is
rape considered a only forcible
separate abduction, ARTICLE 268. SLIGHT ILLEGAL DETENTION.
crime the
attempted Elements:
rape being an 1. Offender is a private person
expression of 2. He kidnaps or detains another or in any
the lewd other manner deprives him of his
design. liberty/furnished place for the
perpetuation of the crime
As to effect There is only If there are
3. That the act of detention or kidnapping
of multiple 1 special multiple
must be illegal
rapes complex rapes, only
4. That the crime is committed without the
crime of one is
attendant of any of the circumstances
kidnapping complexed
enumerated in Art 267
with rape, with forcible
regardless of abduction and
the number of the rest shall

162
Privileged Mitigating Circumstances: Revised Rules of Criminal Procedure, and the
If the offender: purpose is to deliver the person arrested to the
1. Voluntarily releases the person so proper authorities, he is liable under Article 269
kidnapped or detained within 3 days from of the Revised Penal Code (Reyes, Revised Penal
the commencement of the detention Code, Book Two)
2. Without having attained the purpose
intended and If the arrest is for the purpose of delivering the
3. Before the institution of criminal person arrested to the proper authorities, but it
proceedings against him is done without any reasonable ground or any of
the circumstances for a valid warrantless arrest,
Note: Liability of Person Furnishing the Place - the arresting persons become liable for unlawful
The liability of one who furnishes the place where arrest under Article 269. (Lagman v. Medialdea,
the offended party is being held captive is that of G.R. Nos. 231658, 231771 & 231774, [July 4,
a principal and not of an accomplice. 2017], 812 PHIL 179-853)
When shall the penalty of reclusion temporal be
imposed?
1. Any private individual who shall commit
Unlawful arrest Illegal detention
the crimes described in the next
(Article 124)
preceding article
2. Without the attendance of any of the If the purpose of In any other case,
circumstances enumerated therein. locking up or the detention will
3. Anyone who shall furnish the place for detaining the victim render the culprit
the perpetration of the crime (Lagman v. is to deliver him to liable for other
Medialdea, G.R. Nos. 231658, 231771 & the proper illegal detention
231774, [July 4, 2017], 812 PHIL authorities, and it
179-853.) develops that the
detention is
ARTICLE 269. UNLAWFUL ARREST. unlawful, then the
offense committed is
Elements: unlawful arrest.
1. That the offender arrests or detains
another person;
2. That the arrest or detention is to deliver
the person to the proper authorities; and Delay in the delivery Unlawful arrest
3. that the arrest or detention is not of detained persons
authorized by law or that there is no (Art. 125)
reasonable ground to. (Duropan v. People,
G.R. No. 230825, June 10, 2020) The detention is for The detention is not
some legal ground. authorized by law.
Notes:
● The offender can be either a public The crime is It is committed by
officer or a private individual (Sec. 6, committed by failing making an arrest not
Rule 113 of the Revised Rules of Criminal to deliver such authorized by law.
Procedure) person to the proper
judicial authority
Note: Under Section 6, Rule 113 of the Revised within a certain
Rules of Criminal Procedure, a private person may period of time
arrest an individual without warrant under the
circumstances when public officers can make
arrest. If the private person makes an arrest
without reasonable ground therefor, because it is
not in accordance with Sec. 6, Rule 113 of the

163
 SECTION 2: KIDNAPPING OF MINORS SECTION 3: SLAVERY AND SERVITUDE

ARTICLE 270. KIDNAPPING AND FAILURE TO ARTICLE 272. SLAVERY.

RETURN A MINOR.
Elements:
Elements: 1. That the offender purchases, sells,
1. That the offender is entrusted with the kidnaps or detains a human being.
custody of a minor person (whether over 2. That the purpose of the offender is to
or under 7 but less than 18 years old) enslave such human being (U.S. vs.
2. That he deliberately fails to restore the Cabanag, 8 Phil. 64).
said minor to his parents
Qualifying circumstance:
● If the purpose of the offender is to assign
Kidnapping and Kidnapping and
the offended party to some immoral
Serious Illegal Failure to Return a
traffic (prostitution), the penalty is
Detention (Art. 267) Minor
higher
The offender is not The offender is
entrusted with the entrusted with the Kidnapping or illegal Slavery
custody of the victim custody of the minor detention
(People v. Bernardo y
Tambien, G.R. No. If the purpose is If the purpose is to
144316, [March 11, other than enslaving enslave the victim.
2002], 428 PHIL the victim.
769-777).

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 a minor to
abandon such home
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.

Requisites of Inducement
Inducement must be:
1. Actual;
2. Committed with criminal Intent; and
3. Determined by a will to cause Damage.
When is a lower penalty imposed?
● If the person committing the crime shall
be the father or the mother, the penalty
of arresto mayor or a fine not exceeding
P40,000, or both shall be imposed
(Revised Penal Code, Art. 271, paragraph
2).
ARTICLE 274. SERVICES RENDERED UNDER
COMPULSION IN PAYMENT OF DEBT.
Elements:
1. That the offender compels a debtor to
work for him, either as 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.
Note:
In this article, no distinction is made whether the
offended is a minor or an adult.

164
 CHAPTER 2: CRIMES AGAINST SECURITY
SECTION 1: ABANDONMENT OF HELPLESS
PERSONS AND EXPLOITATION OF MINORS
ARTICLE 275. ABANDONMENT OF PERSON IN
DANGER AND ABANDONMENT OF ONE’S OWN
VICTIM.
Acts punishable:
1. By failing to render assistance to any
person whom the offender finds in an
inhabited 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. By failing to help or render assistance to
another whom the offender has
accidentally wounded or injured
3. By failing to deliver a child, under 7 years
of age whom the offender has found
abandoned, to the authorities or to his
family, or by failing to take him to a safe
place (Revised Penal Code, Article 275).
Elements of the first act:
1. That place is not inhabited.
2. The accused found there a person
wounded or in danger of dying.
3. The accused can render assistance
without detriment to himself
4. The accused fails to render assistance.
ARTICLE 276. ABANDONING A MINOR.
Elements:
1. That the offender has the custody of a
child
2. That the child is under seven years of age
3. That he abandons such child.
4. That he has no intent to kill the child
when the latter is abandoned.
Abandonment — Permanent, conscious and
deliberate abandonment is required.
Abandonment is not the momentary leaving of a
child but is a deprivation of care and protection
from danger to his person. [People v. Bandian,
G.R. No. 45186 (1936)
165
Qualifying circumstances:
1. When the death of the minor resulted
from such abandonment;
2. If the life of the minor was in danger
because of the abandonment (Revised
Penal Code, Art. 276, paragraph 2).
ARTICLE 277. ABANDONMENT OF MINOR BY
PERSON ENTRUSTED WITH HIS CUSTODY;
INDIFFERENCE OF PARENTS.
Acts punished
1. By delivering a minor to a public
institution or other persons w/o consent
of the one who entrusted such minor to
the care of the offender or, in the
absence of that one, without the consent
of the proper authorities
2. By neglecting his (offender’s) children by
not giving them education which their
station in life requires and financial
condition permits (Revised Penal Code,
Article 277).
Elements of abandonment of minor by one
charged with the rearing or education of said
minor:
1. That the offender has been charged with
the rearing or education of a minor (U.S.
vs. Payog, 1 Phil 185).
2. That he delivers said minor to a public
institution or other persons.
3. That the one who entrusted such child to
the offender has not consented to such
act, or if the one who entrusted such
child to the offender is absent; the
proper authorities have not consented to
it.
Abandonment of Minor by Person Entrusted
with Custody
Abandonment of Abandonment of
Minor by Person Minor
Entrusted with
Custody
The custody of the The custody of the
offender is specific - offender is stated in
custody for the general
 to accompany any habitual vagrant or
rearing or education
beggar, the offender being any person
of the minor

The minor is under The minor is under 7 Exploitation of Inducing a Minor to

21 years of age years of age Minors (Art. 278, Abandon his Home
(Note: This was par. 5) (Art. 271)
reduced to 18 years
of age by R.A. No. The purpose of There is no such
6809) inducing the minor to purpose
abandon the home is
(See Revised Penal Code, Articles 276 and 277)
to follow any person
engaged in any of the
Elements of indifference of parents:
callings of being an
1. That the offender is a parent.
acrobat, gymnast,
2. That he neglects his children by not
rope-walker, diver,
giving them education.
wild-animal tamer or
3. That his station in life requires such
circus manager, or to
education and his financial condition
accompany any
permits it.
habitual vagrant or
beggar
ARTICLE 278. EXPLOITATION OF MINORS.
The victim is a minor The victim is a minor
Acts punished:
under 16 years of age under 21 years of age
1. By causing any boy or girl under 16 years
(Note: The age of
of age to perform any dangerous feat of
majority was reduced
balancing, physical strength or
to18 years of age by
contortion, the offender being any person
R.A. No. 6809)
2. By employing children under 16 years of
age who are not the children or
descendants of the offender in Qualifying circumstance:
exhibitions of acrobat, gymnast, ● If the delivery of the child to any person
rope-walker, diver, or wild-animal tamer following any of the callings of acrobat,
or circus manager or engaged in a similar gymnast, rope-walker, diver, wild-animal
calling tamer or circus manager, or to any
3. By employing any descendant under 12 habitual vagrant or beggar is made in
years of age in dangerous exhibitions consideration of any price, compensation,
enumerated in the next preceding or promise.
paragraph, the offender being engaged in
any of said callings Other Effects if Offender is Convicted:
4. By delivering a child under 16 years of 1. Guardian or Curator – shall be removed as
age gratuitously to any person following such.
any of the callings enumerated in par. 2 2. Parents – may be deprived of their
or to any habitual vagrant or beggar, the parental authority, temporarily or
offender being an ascendant, guardian, perpetually, at the court’s discretion [Art.
teacher or person entrusted in any 278, RPC].
capacity with the care of such child
5. By inducing any child under 16 years of ARTICLE 279. ADDITIONAL PENALTIES FOR
age to abandon the home of its OTHER OFFENSES.
ascendants; guardians, curators or ● The imposition of the penalties under the
teachers to follow any person engaged in preceding articles is not a bar to the
any of the callings mentioned in par 2 or imposition upon the same person of the

166
 penalty provided for any other felonies 3. That the prohibition to enter be
under the RPC. manifest.
4. That the trespasser has not secured the
ARTICLE 280. QUALIFIED TRESPASS TO permission of the owner or the caretaker
DWELLING. thereof.

Definition:
Trespass to Dwelling Other Forms of
● Dwelling place - any building or
Trespass (Article
structure exclusively devoted for rest and
281)
comfort, as distinguished from places
devoted to business, offices, etc. The offender is a The offender is any
private person person
Elements:
1. That the offender is a private person. The offender enters The offender enters
2. That he enters the dwelling of another. a dwelling house closed premises or
3. That such entrance is against the latter’s fenced estate
will. (Reyes, The Revised Penal Code
Criminal Law. Book 2) The place entered is The place entered is
inhabited uninhabited
Qualifying circumstance:
● If the offense was committed by means of The act constituting The act constituting
violence or intimidation (Revised Penal the crime is entering the crime is entering
Code, Article 280, Paragraph 2) the dwelling against the closed premises
the will of the owner or the fenced estate
without securing the
Cases where the provisions of this article are permission of the
not applicable: owner or caretaker
1. If the entrance to another’s dwelling is thereof.
made for the purpose of preventing some
serious harm to himself, the occupants of The prohibition to The prohibition to
the dwelling or a third person enter is express or enter must be
2. If the purpose is to render some service implied manifest
to humanity or justice
3. If the place where entrance is made is a SECTION 3: THREATS and COERCIONS
cafe, tavern, nn, and other public houses,
while the same are open. (Article 280, ARTICLE 282. GRAVE THREATS.
last paragraph)
Acts punishable:
ARTICLE 281. OTHER FORMS OF TRESPASS 1. By threatening another with the infliction
upon his person, honor or property that
Definition: of his family of any wrong amounting to a
● Premises - signifies distinct and definite crime and demanding money or imposing
locality. It may mean a room, shop, any other condition, even though not
building, or definite area, but in either unlawful and the offender attained his
case, locality is fixed. purpose (Note: threat is with condition)
2. By making such threat without the
Elements: offender attaining his purpose
1. That the offender enters the closed 3. By threatening another with the infliction
premises or the fenced estate of another. upon his person, honor or property or
2. That the entrance is made while either of that of his family of any wrong amounting
them is uninhabited. to a crime, the threat not being subject

167
 to a condition (Note: threat is without
condition)
Elements of the first act:
1. That the offender threatens another
person with the infliction upon the
latter’s person, honor or property, or
upon that of the latter’s family, of any
wrong.
2. That such wrong amounts to a crime.
3. That there is a demand for money or that
any other condition is imposed, even
though not unlawful.
4. That the offender attains his purpose.
Qualifying circumstance:
● If the threat is made in writing or through
a middleman, the penalty is to be
imposed in its maximum period (Revised
Penal Code(1)).
Elements of the third act:
1. That the offender threatens another
person with the infliction upon the
latter’s person, honor or property, or
upon that of the latter’s family, of any
wrong.
2. That such wrong amounts to a crime.
3. That the threat is not subject to a
condition.
ARTICLE 283. LIGHT THREATS.
Elements:
1. That the offender makes a threat to
commit a wrong.
2. That the wrong does not constitute a
crime.
3. That there is a demand for money or that
other condition is imposed, even though
not unlawful
4. That the offender has attained his
purpose or, that he has not attained his
purpose
ARTICLE 284. BOND FOR GOOD BEHAVIOR.
Definitions:
● Bond for good behavior means the posting
of bond on the part of the accused in
order to guarantee that he will not
molest the offended party. It is in the
nature of an additional penalty.
168
● Bond to keep peace under Article 35 is
applicable to all cases and is treated as a
distinct penalty. If the sentenced prisoner
fails to give the bond, he shall be
detained for a period not exceeding six
months if the crime for which he was
convicted is classified as grave felony or
for a period not exceeding thirty days if
convicted for a light felony.
Cases where a person may be required to give
bail not to molest another:
1. When he threatens another under the
circumstances mentioned in Article 282
2. When he threatens another under the
circumstances mentioned in Article 283
When is bond for good behavior applied?
● The law imposes the penalty of bond for
good behavior only in case of grave and
light threats. If the offender can not post
the bond, he will be banished by way of
destierro to prevent him from carrying
out his threat.
ARTICLE 285. OTHER LIGHT THREATS.
Acts punishable:
1. By threatening another with a weapon, or
by drawing such weapon in a quarrel,
unless it be in lawful self-defense
2. By orally threatening another, In the heat
of anger, with some harm constituting a
crime, without persisting in the idea
involved in the threat. Subsequent acts
did not persist.
3. By orally threatening another any harm
not constituting a felony (Revised Penal
Code, Article 285).
Two acts punished in par. 1:
1. Threatening another with a weapon, even
if there is no quarrel
2. Drawing a weapon in a quarrel, which is
not in lawful self-defense.
ARTICLE 286. GRAVE COERCIONS.
Acts punishable
 1. Preventing another, by means of violence,
threats or intimidation, from doing
something not prohibited by law;
2. Compelling another, by means of
violence, threats or intimidation, to do
something against his will, whether it be
right or wrong.
Elements
1. That a person prevented another from
doing something OR not to do something
against his will, be it right or wrong;
2. That the prevention or compulsion be
effected by violence, either by material
force or such a display of it as would
produce intimidation and control over the
will of the offended party.
3. That the person that restrained the will
and liberty by another had not the
authority of law or the right to do so, or,
in other words, that the restraint shall
not be made under authority of law or in
the exercise of any lawful right (People v.
Arnado, G.R. Nos. 250100-02, [March 21,
2022]).
ARTICLE 287. LIGHT COERCIONS.
Paragraph 1 - 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.
Paragraph 2 - Any Other Coercions /Unjust
Vexations
Definitions:
● Unjust vexation - Exists even without the
element of restraint or compulsion for
the reason that the term is broad enough
to include any human conduct which,
although not productive of some physical
169
or material harm, would unjustly annoy
or irritate an innocent person. (Baleros,
Jr. v. People, G.R. No. 138033, January
30, 2007, citing Aquino, Revised Penal
Code, 1997 ed., Vol. III, p. 81)
● Grave coercion - under the first
paragraph by the absence of violence.
● Light coercion - In unjust vexation, any
act committed without violence, but
which unjustifiably annoys or vexes an
innocent person amounts to light
coercion.
ARTICLE 288. OTHER SIMILAR COERCIONS.
Acts Punishable:
1. Forcing or compelling, directly or
indirectly, or knowingly permitting the
forcing or compelling of the laborer or
employee of the offender to purchase
merchandise of commodities of any kind
from him;
2. Paying the wages due his laborer or
employee by means of tokens or object
other than the legal tender currency of
the Philippines, unless expressly
requested by such laborer or employee.
Elements of the first act:
1. That the offender is any person, agent or
officer of any association or corporation.
2. That he or such firm or corporation has
employed laborers or employees.
3. That he forces or compels, directly or
indirectly, or knowingly permits to be
forced or compelled, any of his or its
laborers or employees to purchase
merchandise or commodities of any kind
from his or from said firm or corporation.
Elements of the second act:
1. That the offender pays the wages due a
laborer or employee employed by him by
means of tokens or objects.
2. That those tokens or objects are other
than the legal tender currency to the
Philippines.
3. That such employee or laborer does not
expressly request that he be paid by
means of tokens or objects.
ARTICLE 289. FORMATION, MAINTENANCE, AND
PROHIBITION OF COMBINATION OF CAPITAL OR
LABOR THROUGH VIOLENCE OR THREATS.
Elements:
1. That the offender employs violence or
threats, in such a degree as to compel or
force the laborers or employers in the
free and legal exercise of their industry
or work
2. That the purpose is to organize, maintain
or prevent coalitions of capital or labor,
strike of laborers or lockout of
employees.
The act should not be a more serious
offense.
CHAPTER 3: DISCOVERY AND REVELATION OF
SECRETS
ARTICLE 290. DISCOVERING SECRETS THROUGH
SEIZURE OF CORRESPONDENCE.
Definitions:
● Seize - to place in the control of
someone a thing or to give him the
possession thereof and accordingly, it is
not necessary that in the act, there
should be force or violence
Elements:
1. That the offender is a private individual
or even a public officer not in the
exercise of his official function
2. That he seizes the papers or letters of
another.
3. That the purpose is to discover the
secrets of such another person.
4. That offender is informed of the contents
or the papers or letters seized (Reyes,
The Revised Penal Code, Book Two).
Persons Not Covered by Art. 290
● Provision is not applicable to parents,
guardians, or persons entrusted with the
custody of minors placed under their care
or custody, and to the spouses with
respect to the papers or letters of either
of them (Revised Penal Code, Article 290,
Paragraph 3).
170
Qualifying circumstance:
● When the offender reveals the contents
of such paper or letters of another to a
third person, the penalty is higher (Id.,
Paragraph 2).
ARTICLE 291. REVEALING SECRETS WITH ABUSE
OF OFFICE.
Acts Punishable:
1. The offender learned of the secret in the
course of his employment. He is enjoying
a confidential relation with the employer
or master as he should respect the
privacy of matters personal to the latter.
2. An employee, manager or servant who
came to know of the secret of his master
or principal in such capacity and reveals
the same shall also be liable regardless of
whether or not the principal has suffered
damages
3. If the matter pertains to the business of
the employer or master, damage is
necessary and the agent, employee or
servant shall always be liable.
Elements:
1. That the offender is a manager, employee
or servant.
2. That he learns the secrets of his principal
or master in such capacity.
3. That he reveals such secrets.
Note: Damage is Immaterial - An employee,
manager, or servant who reveals the secret of his
master or principal shall be liable regardless of
the damage suffered by the principal or master.
ARTICLE 292. REVELATION OF INDUSTRIAL
SECRETS.
Revelation of Industrial Secret
● An offense committed by a person in
charge, employee or workman of any
manufacturing or industrial establishment
who, to the prejudice of the owner
thereof, shall reveal the secrets of the
industry of the latter. (Act No. 3815,
Revised Penal Code (1930), Art. 292)
Elements:
1. That the offender is a person in charge,
employee or workman of a manufacturing
or industrial establishment.
2. That the manufacturing or industrial
establishment has a secret of the industry
which the offender has learned.
3. That the offender reveals such secrets.
4. That the prejudice is caused to the
owner. (Reyes, The Revised Penal Code,
Book Two)
Notes:
1. Secrets must relate to manufacturing
processes (Id.)
2. The revelation of the secret might be
made even after the employee or
workman had ceased to be connected
with the establishment.
SPECIAL PENAL LAWS
1. CYBERCRIME PREVENTION ACT OF 2012
(R.A. NO. 10175)
Definitions
Computer
Refers to an electronic, magnetic, optical,
electrochemical, or other data processing or
communications device, or grouping of such
devices, capable of performing logical,
arithmetic, routing, or storage functions and
which includes any storage facility or equipment
or communications facility or equipment directly
related to or operating in conjunction with such
device. It covers any type of computer device
including devices with data processing
capabilities like mobile phones, smart phones,
computer networks and other devices connected
to the internet.
Without Right
Refers to either: (i) conduct undertaken without
or in excess of authority; or (ii) conduct not
covered by established legal defenses, excuses,
court orders, justifications, or relevant principles
under the law.
171
Cyber
Refers to a computer or a computer network, the
electronic medium in which online
communication takes place.
Critical Infrastructure
Refers to the computer systems, and/or
networks, whether physical or virtual, and/or the
computer programs, computer data and/or traffic
data so vital to this country that the incapacity or
destruction of or interference with such system
and assets would have a debilitating impact on
security, national or economic security, national
public health and safety, or any combination of
those matters.
Cybersecurity
Refers to the collection of tools, policies, risk
management approaches, actions, training, best
practices, assurance and technologies that can be
used to protect the cyber environment and
organization and user’s assets.
Database
Refers to a representation of information,
knowledge, facts, concepts, or instructions which
are being prepared, processed or stored or have
been prepared, processed or stored in a
formalized manner and which are intended for
use in a computer system.
Service Provider
Refers to:
1. Any public or private entity that provides
to users of its service the ability to
communicate by means of a computer
system; and
2. Any other entity that processes or stores
computer data on behalf of such
communication service or users of such
service. (R.A. 10175, Section 3)
a) Cybercrime Offenses [Sec. 4]
Acts Punished Under Section 4
1. Offenses against the confidentiality,
integrity, and availability of computer
data and systems;
a. Illegal access;
b. Illegal interception;
c. Data interference;
d. System interference;
e. Misuse of devices.
f. Cyber-squatting;
 2. Computer-related Offenses
a. Computer-related forgery;
b. Computer-related fraud; and
c. Computer-related identity theft.
3. Content-related Offenses; and
a. Cybersex;
b. Child pornography;
c. Unsolicited commercial
communications;
d. Libel. (R.A. 10175, Section 4)
First Act — Offenses Against the Confidentiality,
Integrity, and Availability of Computer Data and
Systems [Section 4(a)];
Elements of Illegal Access
1. Access to the whole or any part of a
computer system; and
2. Without right.
Elements of Illegal Interception
1. Interception by technical means;
2. Of any non-public transmission of
computer data to, from, or within a
computer system including
electromagnetic emissions from
computer system carrying such computer
data; and
3. Without right.
Elements of Data Interference
1. The intentional or reckless alteration,
damaging, deletion or deterioration of
computer data, electronic document, or
electronic data message;
a. Including the introduction or
transmission of viruses.
2. Without right.
Elements of System Interference
1. The intentional alteration or reckless
hindering or interference with the
functioning of a computer or computer
network;
2. By inputting, transmitting, damaging,
deleting, deteriorating, altering or
suppressing computer data or program,
electronic document, or electronic data
message; and
a. Including the introduction or
transmission of viruses
3. Without right or authority.
Acts Punished by Misuse of Devices
1. Use, production, sale, procurement,
importation, distribution, or otherwise
making available a device, computer
program, computer password, access
code, or similar data for cybercrime
commission; and
2. Possession of any item mentioned above
for cybercrime commission
Elements of the First Act
1. The use, production, sale,
procurement, importation,
distribution, or otherwise making
available of:
a. A device, including a
computer program,
designed or adapted
primarily; or
b. A computer password,
access code, or similar
data by which the whole
or any part of a computer
system is capable of
a being accessed.
2. For the purpose of committing
any of the offenses under this
Act; and
3. Without right
Elements of the Second Act
a. Possession of a device, computer
program, computer password,
access code, or similar data; and
b. With intent to use said devices
for committing any of the
offenses under this Act.
Elements of Cyber-Squatting
1. The acquisition of a domain name over
the internet;
2. In bad faith; and
3. To profit, mislead, destroy reputation,
and deprive others from registering the
same, if such a domain name is:
a. Similar, identical, or confusingly
similar to an existing trademark
registered with the appropriate
government agency at the time of
the domain name registration.
172
 b. Identical or in any way similar
with the name of a person other
than the registrant, in case of a
personal name; and
c. Acquired without right or with
intellectual property interests in
it.
Second Act — Computer-related Offenses
[Section 4(b)];
Acts Punished by Computer-related Forgery
1. Inputting, altering, or deleting of
computer resulting to inauthentic data
with intent for it to be viewed as
authentic, regardless whether or not the
data is directly readable and intelligible;
and
2. Knowingly using computer data that is a
product of computer-related forgery.
Elements of the First Act
1. The input, alteration, or deletion
of any computer data;
2. Resulting to inauthentic data;
3. With intent for it to be
considered or acted upon for
legal purposes as if it were
authentic; and
● Regardless whether the
data is directly readable
and intelligible
4. Without right.
Elements of the Second Act
1. Knowingly using computer data.
2. Such computer data is the
product of computer-related
forgery; and
3. For perpetuating a fraudulent or
dishonest design.
Elements of Computer-related Fraud
1. Unauthorized input, alteration, or
deletion of computer data or program or
interference in the functioning of a
computer system;
2. Causing damage; and
3. With fraudulent intent.
173
● If no damage is caused, the penalty
imposable shall be one (1) degree
lower.
Elements of Computer-related Identity Theft
1. Acquisition, use, misuse, transfer,
possession, alteration or deletion of
identifying information belonging to
another, whether natural or juridical;
2. With intent; and
3. Without right.
● If no damage has yet been caused,
the penalty imposable shall be one
(1) degree lower.
Third Act — Content-related Offenses [Section
4(c)];
Elements of Cybersex
1. The willful engagement, maintenance,
control, or operation, directly or
indirectly, of any lascivious exhibition of
sexual organs or sexual activity;
2. With the aid of a computer system; and
3. For favor or consideration.
Elements of Child Pornography
1. An unlawful or prohibited act punishable
under the Anti-Child Pornography Act of
2009 is committed; and
2. Such act is done through a computer
system
● Penalty to be imposed shall be (1)
one degree higher than that
provided for under Anti-Child
Pornography Act of 2009.
Elements of Libel
1. The unlawful or prohibited acts of libel as
defined in Article 355 of the Revised
Penal Code, as amended, is committed.
2. Such act/s is/are done through a
computer system or any other similar
means
Elements of Article 355
1. There must be an imputation of a
crime, or of a vice or defect, real
or imaginary, or any act,
omission, status or circumstance;
2. Imputation was made publicly;
3. Imputation was malicious
 4. Imputation was directed to:
a. Natural; or
b. Juridical person; or
c. One who is Dead.
5. The imputation must Tend to
cause dishonor, discredit, or
contempt of the offended party
b) Other Offenses [Sec. 5]
Acts Punished under Section 5
1. Aiding or abetting in the commission of
cybercrime; and
2. Attempt in the commission of
cybercrime. (R.A. 10175, Section 5)
First Act — Aiding or Abetting in the
Commission of Cybercrime [R.A. 10175, Section
5(a)]
Acts Punished by Aiding or Abetting
1. Any person who willfully abets in the
commission of any of the offenses in this
Act shall be held liable; or
2. Any person who willfully aids in the
commission of any of the offenses in this
Act shall be held liable.
● Disini jurisprudence: This
provision is unconstitutional with
respect to:
○ Sec. 4(c)(2) on Child
Pornography; and
○ Sec. 4(c)(3) on Online
Libel
Second Act — Attempt in the Commission of
Cybercrime [R.A. 10175, Section 5(b)] — Any
person who willfully attempts to commit any of
the offenses in this Act shall be held liable.
Application of Cybercrime Prevention Act to
the RPC and Other Special Laws
All crimes defined and penalized by the RPC, as
amended, and special laws, if committed by,
through and with the use of the information and
communications technologies shall be covered by
the relevant provisions of this Act.
Provided that the penalty to be imposed shall be
one (1) degree higher than that provided for by
the RPC, as amended, and special laws, as the
case may be. (R.A. 10175, Section 6).
174
J. CRIMES AGAINST PROPERTY (Articles
293-332)
CHAPTER 1: ROBBERY IN GENERAL
ARTICLE 293. WHO ARE GUILTY OF ROBBERY.
Definitions:
Robbery
The taking or personal property belonging to
another, with intent to gain, by means of violence
against, or intimidation of any person, or using
force upon anything
Belonging to another
Person from whom property was taken need not
be the owner, legal possession is sufficient
Carnapping
Taking, with intent to gain, of a motor vehicle
belonging to another without the latter’s consent,
or by means of violence against or intimidation of
persons, or by using force upon things.
Motor vehicle
Any vehicle propelled by any power other than
muscular power using the public highways, except
road rollers, trolley cars, street sweepers,
sprinklers, lawn mowers, bulldozers, graders,
forklifts, amphibian trucks, if not used on public
highways; vehicles which run only on rails or
tracks; and tractors, trailers and traction engines
of all kinds used exclusively for agricultural
purposes. Trailers having any number of wheels,
when propelled or intended to be propelled by
attachment to a motor vehicle, shall be classified
as a separate motor vehicle with no power rating.
Classification of robbery:
1. Robbery with violence or intimidation
2. Robbery with force upon things
Elements of robbery in general:
1. That there be personal property
belonging to another.
2. That there is unlawful taking of that
property.
3. That the taking must be with intent to
gain, and
 4. That there is violence against or robbery is carried to a degree clearly
intimidation of any person, or force upon unnecessary for the commission of the
anything. crime
6. When in the course of its execution, the
Qualified carnapping: offender shall have inflicted upon any
Qualified carnapping or carnapping in an person not responsible for the commission
aggravated form - to prove the special complex of the robbery any of the physical injuries
crime of carnapping with homicide, there must in consequence of which the person
be proof not only of the essential elements of injured becomes deformed or loses any
carnapping but also that it was the original other member of his body or loses the use
criminal design of the culprit and the killing was thereof or becomes iil or incapacitated
perpetrated in the course of the commission of for the performance of the work in which
the carnapping or on the occasion thereof. he is habitually engaged for more than 90
days or the person injured becomes ill or
SECTION 1: ROBBERY WITH VIOLENCE AGAINST incapacitated for labor for more than 30
OR INTIMIDATION OF PERSONS days
7. If the violence employed by the offender
ARTICLE 294. ROBBERY WITH VIOLENCE does not cause any of the serious physical
AGAINST OR INTIMIDATION OF PERSON. injuries defined in Article 263, or if the
offender employs intimidation only.
Definitions:
Homicide - understood in its generic sense as to
include parricide and murder Elements of robbery with unnecessary violence
“By reason or on occasion of the robbery” - and intimidation (par. 4):
means that the homicide or serious physical 1. That any of the physical injuries defined
injuries must be committed in the course or in par. 3 and 4 of Article 263 was inflicted
because of the robbery. Otherwise, they shall be in the course of the robbery; and
separate offenses (People v. Torres, G.R. No. 2. That any of them was inflicted upon any
130661, June 27, 2011) person not responsible for the commission
of robbery.
Acts Punishable:
1. When by reason or on occasion of the
Robbery Threats to extort
robbery (taking of personal property
money
belonging to another with intent to gain),
the crime of homicide is committed The intimidation is The intimidation is
2. When the robbery is accompanied with actual and condition or future,
rape or intentional mutilation or arson immediate that is, not
3. When by reason or on occasion of such immediate
robbery, any of the physical injuries
resulting in insanity, imbecility, The intimidation is The intimidation may
impotency or blindness is inflicted personal be through an
4. When by reason or on occasion of intermediary
robbery, any of the physical injuries
resulting into the loss of the use of of The intimidation is The intimidation may
speech or the power to hear or to smell, directed only to the refer to the person,
or the loss of an eye, a hand, a foot, an person of the victim honor, or property of
arm, or a leg or the loss of the use of any the offended party or
such member or incapacity for the work that of his family
in which the injured person is therefore
habitually engaged is inflicted
5. If the violence or intimidation is
employed in the commission of the

175
 What is essential is that there be a direct
Robbery with Grave coercion
and intimate relation/connection
violence
between the robbery and killing, provided
There is violence use by the offender that the taking is not merely an
afterthought (People v. Salazar, G.R. No.
There is intent to Intent to gain is not 99355, August 11, 1997)
gain present
There is Robbery with Homicide even if:
1. The killing is done to suppress evidence,
Robbery Bribery as long as the robbery is “the reason” of
the homicide (People vs. Madrid, G.R. No.
The transaction is The transaction is L3023, (1951))
neither voluntary nor mutual and 2. The death of a person supervened by
mutual, but is voluntary. mere accident [People vs. Mangulabnan,
consummated by the G.R. No. L-8919, (1956)]
use of force or 3. The person killed was a bystander and not
intimidation. the person robbed [People vs. Barut, G.R.
No. 179943, (2009)
The victim is He parts with his
deprived of his money or property in
money or property by a sense voluntarily. ARTICLE 295. QUALIFIED ROBBERY WITH
force or intimidation. VIOLENCE OR INTIMIDATION.

When is robbery with violence or intimidation

Special Complex Crimes Under Art. 294:
Robbery must be the Main Purpose
A conviction for robbery with homicide requires
certitude that the robbery was the main purpose
and objective of the criminals and that the killing
was merely incidental, resulting merely by reason
or on the occasion of the robbery. (People vs.
Salazar, G.R. No. 99355, (1997))
Absorption of Other Felonies Committed
All the felonies committed by reason of or on the
occasion of the robbery (e.g., rape, intentional
mutilation, etc.) are integrated into one and
indivisible felony of robbery with homicide .
When Not Complexed
In the following instances, there will be two
separate crimes of homicide or murder and
robbery:
1. When homicide was not committed by
reason of or on occasion of the robbery
2. When intent to take was merely an
afterthought; such as when the idea of
taking the personal property of another
with intent to gain came to the mind of
the offender after he had killed the
victim. However, homicide may precede
robbery or may occur after the robbery.
of persons qualified?
If any of the offenses defined in subdivisions 3, 4
and 5 of Art 294 is committed:
1. In an uninhabited place
2. By a band
3. By attacking a moving train, street car,
motor vehicle or airship
4. By entering the passenger’s
compartments in a train, or in any
manner taking the passengers thereof by
surprise in the respective conveyances
5. On a street, road, highway or alley and
the intimidation is made with the use of
firearms, the offender shall be punished
by the max period of the proper penalties
prescribed in art 294
ARTICLE 296. ROBBERY BY A BAND.
Definition
Band
Consists of at least four armed malefactors
organized with the intention of carrying out any
unlawful design. Their participation in the
commission of the crime must be actual.

176
The offender must be principal by direct
participation, so that, a principal by inducement
cannot be convicted of this crime where the
aggravating circumstance of the band shall be
appreciated against him, since the law requires
as a condition to its commission the actual
participation of the offender in the execution of
the crime.
Note: Conspiracy is presumed when robbery is
committed by a band (Manangan v. People, G.R.
No. 218570, November 22, 2017).
Acts Punishable:
1. When at least four armed malefactors
take part in the commission of a robbery,
it is deemed committed by a band
2. When any of the arms used in the
commission of robbery is not licensed
3. Any member of a band who was not
present at the commission of a robbery
by a band, shall be punished as principal
of any of the assaults committed by the
band, unless it be shown that he
attempted to prevent the same
Elements:
1. He was a member of the band
2. He was present at the commission of a
robbery by that band
3. Other members of the band committed
an assault
4. He did not attempt to prevent the assault
ARTICLE 297. ATTEMPTED OR FRUSTRATED
ROBBERY WITH HOMICIDE.
Definition:
Homicide
The unlawful killing_of any person, which is
neither parricide, murder or infanticide.
Act Punishable:
When by reason or on occasion of an attempted
or frustrated robbery a homicide is committed
Special Complex Crime:
Robbery with homicide and attempted or
frustrated robbery with homicide are special
complex crimes governed by the special
provisions Articles 294 and 297.
177
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 of
violence or intimidation.
Note: Art 298 is not applicable if the document is
void. [page 726, Reyes, Book 2]
SECTION 2: ROBBERY BY THE USE OF FORCE
UPON THINGS
Two kinds of robbery upon things:
1. Robbery in an inhabited house or public
building or edifice devoted to religious
worship
2. Robbery in uninhabited place or in a
private building
ARTICLE 299. ROBBERY IN AN INHABITED HOUSE
OR PUBLIC BUILDING OR EDIFICE DEVOTED TO
WORSHIP.
Definitions:
1. Inhabited house – any shelter, ship or
vessel constituting the dwelling of one or
more person even though temporarily
absent – dependencies, courts, corals,
barns, etc.
2. Force upon things - the offender must
have entered the premises where the
robbery was committed. If no entry was
effected, even though force may have
been employed actually in the taking of
the property from within the premises,
the crime will only be theft
3. Public buildings – every building owned,
rented or used by the government
(though owned by private persons) though
temporarily vacant
4. False keys – genuine keys stolen from the
owner or any keys other than those
intended by the owner for use in the lock
 5. Picklocks – Equipments that are specially
made or adopted for commission of
robbery
Elements Of Robbery With Force Upon Things
Under Subdivision A:
1. That the offender entered
a. an inhabited house, or
b. public buildings, or
c. edifice devoted to religious
worship
2. That the entrance was effected by any of
the following means:
a. Through an opening not intended
for entrance or egress.
b. By breaking any wall, roof, or
floor or breaking any door or
window.
c. By using false keys, picklocks or
similar tools or.
d. By using any fictitious name or
pretending to exercise public
authority.
3. Once inside the building, the offender
took personal property belonging to
another with intent to gain.
Elements of Robbery With Force Upon Things
Under Subdivision B:
1. That the offender is inside a dwelling
house, public building, or edifice devoted
to religious worship, regardless of the
circumstances under which he entered it
2. That the offender takes personal property
belonging to another, with intent to gain,
under any of the following circumstances:
a. By the breaking of doors,
wardrobes, chests, or any other
kind of locked or sealed furniture
or receptacle; or
b. By taking such furniture or object
away to be broken ir forced open
outside the place of the robbery
Rules:
1. Offender must "enter the house or
building in which the robbery is
committed." The whole body must enter
the building or house. Thus, if the
offender merely inserted his hand
through an opening in the wall or used a
pole through the window to get the
178
clothes inside the room, while the
offender remained outside the house or
building, the crime committed is theft,
not robbery. (REYES, Book 2)
2. There must be an intention to take
personal property. If there is no evidence
to show that the intention of the accused
was to commit robbery upon entering the
building. The crime committed is
attempted trespass to dwelling under Art.
280 (2), RPC [People v. Tayag, G.R.
L-40512, (1934)]
3. Means enumerated must be used to enter
the house. It does not refer to the
method used to exit, nor to open a trunk
in the house [U.S. vs. Macamay, G.R. No.
11952, (1917)
ARTICLE 300. ROBBERY IN AN UNINHABITED
PLACE AND BY A BAND.
Acts punishable:
1. Where robbery with violence against or
intimidation of persons is committed by a
band or in an uninhabited place, the
crime becomes qualified.
2. The two qualifications (uninhabited place
and by a band) must concur.
3. The place is considered uninhabited when
it is not used as a dwelling. It may refer
to a building or a house which is not used
as a dwelling.
a. If a house is inhabited and its
owners or occupants temporarily
leave the place to take a short
vacation in another place, their
casual absence will not make the
place or house uninhabited. (U. S.
vs. Ventura, 39 Phil. 523)
ARTICLE 301. WHAT IS AN INHABITED HOUSE,
PUBLIC BUILDING OR BUILDING DEDICATED TO
RELIGIOUS WORSHIP AND THEIR DEPENDENCIES.
Definitions
Inhabited house
Any shelter, sheep, or vessel constituting the
dwelling of one or more persons even though the
inhabitants thereof are temporarily absent
therefrom when the robbery was committed.
A ship is covered by the term “inhabited house”.
(US. v. Rey, 8 Phil 500)
Dependencies
All interior courts, corrals, warehouses, granaries
or enclosed places contiguous to the building or
edifice, having an interior entrance connected
therewith, and which form part of the whole
Note: Orchards and lands used for cultivation -
not dependencies
Three requisites:
1. Must be contiguous to the building;
2. Must have an interior entrance connected
therewith;
3. Must form part of the whole.
ARTICLE 302. ROBBERY IS AN UNINHABITED
PLACE OR IN A PRIVATE BUILDING.
Definition
Building
Includes any kind of structure used for storage or
safekeeping of personal property, ex. freight car
and warehouse. [U.S. vs. Magsino, G.R. No. 1339,
(1903)]
Elements:
1. That the offender entered an uninhabited
place or a building which was not a
dwelling house, not a public building, or
not an edifice devoted to religious
worship.
2. That any of the following circumstances
was present:
a. The entrance was effected
through an opening not intended
for entrance or egress;
b. A wall, roof, floor, or outside
door or window was broken;
c. The entrance was effected
through the use of false keys
picklocks or other similar tools;
d. A door, wardrobe, chest, or any
sealed or closed furniture or
receptacle was broken; or
e. A closed or sealed receptacle was
removed, even if the same be
broken open elsewhere.
179
3. That with intent to gain, the offender
took therefrom personal property
belonging to another.
Notes:
● The "uninhabited place" mentioned in Art.
302 is a building, because paragraphs
Nos. 1 and 3 speak of "entrance," which
necessarily refers to a building. [REYES,
Book 2]
● Breaking padlock is use of force upon
things.
ARTICLE 303. ROBBERY OF CEREALS, FRUITS,
OR FIREWOOD IN AN UNINHABITED PLACE OR
PRIVATE BUILDING
Notes:
● The penalty is one degree lower when it
is only cereals, fruits, or firewood stolen.
● It must be noted that this provision only
applies when force upon things is used. If
there is violence against or intimidation
of persons, the proper provision is Article
294.
● Cereals are defined as seedlings, palay.
ARTICLE 304. POSSESSION OF PICKLOCKS OR
SIMILAR TOOLS.
Elements:
1. The offender has in possession picklocks
or similar tools.
2. These tools must be especially adopted to
the commission of the robbery.
3. The offender does not have a lawful
cause for possession of these items.
Note: If the person who makes such tools is a
locksmith, the penalty is higher.
ARTICLE 305. FALSE KEYS.
Definition
"False keys" are 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.
Lost or Misplaced key - A lost or misplaced key
The purpose of the The purpose of the
found by another and not returned to its rightful
offenders is any of the offenders is only to
owner is considered as a false key stolen from the
following: (1) to commit robbery, not
owner [Regalado]
commit robbery in the necessarily on the
highway; or (2) to highway.
Notes:
kidnap persons for the
● Possession of false keys here not
purpose of extortion or
punishable
to obtain ransom; or
● If the original key was entrusted, then
(3) for any other
not punishable under this article as it is
purpose to be attained
not a picklock or similar tool.
by means of force and
violence

The purpose of If the purpose is only a

CHAPTER 2: BRIGANDAGE brigandage is particular robbery, the
indiscriminate highway crime is only robbery,
ARTICLE 306. BRIGANDAGE. robbery. or robbery in band if
there are at least four
Definition armed participants.
Brigandage
More than three armed persons who form a band The mere formation of It is necessary to prove
of robbers for the purpose of committing robbery a band for any of the that the band actually
in the highway or kidnapping persons for the purposes mentioned in committed robbery, as
purpose of extortion or to obtain ransom, or for the iaw is sufficient, as a mere conspiracy to
any other purpose to be attained by means of it would not be commit robbery is not
force and violence. necessary to show that punishable.
the band actually
Elements of brigandage: committed robbery in
1. There are least four armed persons; the highway, etc.
2. They formed a band of robbers;
3. The purpose is any of the following:
a. To commit robbery in the
ARTICLE 307. AIDING AND ABETTING A BAND OF
highway;
BRIGANDS.
b. To kidnap persons for the purpose
of extortion or to obtain ransom;
Elements:
or
1. There is a band of brigands.
c. To attain by means of force and
2. The offender knows the band to be of
violence any other purpose.
brigands.
3. The offender does any of these acts:
Notes:
a. In any manner aids, abets, or
● They must be a band of robbers
protects the brigands
● Presumption: all are presumed highway
b. Gives them information of the
robbery or brigands if any of them carries
movements of police or other
unlicensed firearms.
peace officers of the govt
○ The term “armed” covers any
c. He acquires or receives property
other firearm.
taken by such brigands.

Brigandage Robbery in a band

The offenders form a band of robbers.

180
 CHAPTER 3: THEFT
ARTICLE 308. WHO ARE LIABLE FOR THEFT.
Definition
Theft
Committed by any person with intent to gain but
without violence against or intimidation of
persons nor force upon things, shall take personal
property of another without the latter’s consent.
Lost property
Embraces loss by stealing. A finder who fails
deliberately to return the thing lost may be
considered more blameworthy if the loss was by
stealing than through some other means. (People
v. Rodrigo, G.R. No. 18507, March 31, 1966)
Persons Liable:
1. Those who
a. With intent to gain
b. But without violence against or
intimidation of persons nor force
upon things
c. Take
d. Personal property
e. Of another
f. Without the latter’s consent
2. Those who
a. Having found lost property
b. Fail to deliver the same to the
local authorities
3. Those who
a. Maliciously damages the property
of another
b. Remove or make use of the fruits
or objects of the damage caused
by them
4. Those who
a. Entered an inclosed estate or a
field
b. Where trespass is forbidden or
which belongs to another without
the consent of the owner
c. Hunt, fish, cereals or other forest
or farm products
Elements of theft:
1. Taking of personal property
2. Property belongs to another
3. Done with an intent to gain
4. Done without the consent of the owner
181
5. Taking is done without violence or
intimidation of persons or force upon
things.
Elements of hunting, fishing, or gathering
fruits, etc. in an enclosed estate (Par. 3):
1. There is an enclosed estate or a field
where trespass is forbidden or which
belongs to another
2. The offender enters the same
3. The offender hunts or fishes upon the
same or gathers fruits, cereals or forest
or farm products in the estate or field.
4. The hunting or fishing or gathering of
products is without the consent of the
owner.
ARTICLE 309. PENALTIES OF THEFT.
Basis of the penalty in theft:
1. The value of the thing stolen
2. The value and also the nature of the
property taken
3. The circumstances or causes that
impelled the culprit to commit the crime
ARTICLE 310. QUALIFIED THEFT.
Elements:
1. That there is taking of personal property
2. That the said property belongs to another
3. That the said taking be done with intent
to gain
4. That it be done without the owner’s
consent
5. That it be accomplished without the use
of violence or intimidation against
persons, nor of force upon things
6. That it be done with grave abuse of
confidence
Qualifying circumstances
1. Committed by domestic servant
2. With grave abuse of confidence
3. Property stolen is:
a. motor vehicle
b. mail matter
c. large cattle
d. coconut from plantation
e. fish from fishpond or fishery
 4. On occasion of fire, earthquake, typhoon,
volcanic eruption, or any other calamity,
vehicular accident or civil disturbance
ARTICLE 311. THEFT OF PROPERTY OF THE
NATIONAL LIBRARY AND NATIONAL MUSEUM.
Acts Punishable
● Theft of any property of the National
Library or National Museum
GR: Penalty is fixed without regard to the value
of the property of the National Library or
National Museum. [Revised Penal Code, Article
311]
XPN: If the crime is committed with grave abuse
of confidence, the penalty for qualified theft
shall be imposed, because Art. 311 says: "unless a
higher penalty should be provided under other
provisions of this Code."
CHAPTER 4: USURPATION
ARTICLE 312. OCCUPATION OF REAL PROPERTY
OR USURPATION OF REAL RIGHTS IN PROPERTY.
Acts Punishable:
1. Taking possession of any real property
belonging to another by means of
violence against or intimidation of
persons
2. Usurping any real rights in property
belonging to another by means of
violence against or intimidation of
persons.
Elements:
1. That the offender takes possession of any
real property or usurps any real rights in
property.
2. That the real property or real rights
belong to another.
3. That violence against or intimidation of
persons is used by the offender in
occupying real property or usurpation of
real rights in property.
4. That there is intent to gain.
182
Rules on Violence or Intimidation
1. Violence or intimidation must be the
means used in occupying real property.
Art. 312 does not apply when the
violence or intimidation took place
subsequent to the entry into the
property. [REYES, Book 2]
2. If there is no violence or intimidation —
There is only civil liability.
ARTICLE 313. ALTERING BOUNDARIES OR
LANDMARKS.
Definition
Alter
Has a general and indefinite meaning. Any
alteration of boundary marks is enough to
constitute the material element of the crime.
Destruction of a stone monument or taking it to
another place, or removing a fence, is altering.
Elements:
1. That there be boundary marks or
monuments of towns, provinces, or
estates, or any other marks intended to
designate the boundaries of the same.
2. That the offender alters said boundary
marks.
CHAPTER 5: CULPABLE INSOLVENCY
ARTICLE 314. FRAUDULENT INSOLVENCY.
Elements:
1. Offender is a debtor and he has
obligations due and payable
2. He absconds his property
3. There is prejudice to his creditors
● Contemplates the transfer of
disposing of the offender’s property
to keep it out of reach of his
creditors resulting in the
non-enforcement of a writ of
execution (Dee v. People, G.R. No.
136785, September 27, 2000)
Note: Real Property May be Involved.
Note: "Abscond" does not require that the debtor
should depart and physically conceal his property.
Hence, real property could be the subject matter
of fraudulent insolvency. [People vs. Chong Chuy 2. There be misappropriation or conversion
Limgobo, G.R. 20995,(1923)] of the property by the offender, or denial
of receipt on his part
Note:
a. By misappropriating the thing
CHAPTER 6: SWINDLING AND OTHER DECEITS received
b. By converting the thing received
ARTICLE 315. SWINDLING (ESTAFA). c. By denying that the thing was
received
ESTAFA IN GENERAL 3. That such misappropriation or conversion
Elements of Estafa in General is to the prejudice of another
1. Accused defrauded another by 4. That there is demand made by the
a. Abuse of confidence offended party to the offender
b. Means of deceit
2. The damage or prejudice is capable of 1C. ESTAFA BY TAKING UNDUE
pecuniary estimation ADVANTAGE OF SIGNATURE IN BLANK

Three ways of committing estafa: Elements of Estafa by Taking Undue Advantage

1. With unfaithfulness or abuse of of the Signature in Blank
confidence 1. The paper with signature if the offended
2. By means of false pretenses or fraudulent party be in blank
acts 2. The offended party should have delivered
3. Through fraudulent means it to the offender
3. The above the signature of the offended
A. ESTAFA WITH UNFAITHFULNESS OR party a document is written by the
ABUSE OF CONFIDENCE (par. 1) offender without authority to do so.
4. That the document so written creates a
1A. ESTAFA WITH UNFAITHFULNESS liability of, or causes damages to the
(under par. 1A) offended party or third person.
B. ESTAFA BY MEANS OF DECEIT (par. 2)
Elements of Estafa with Unfaithfulness under
1A Elements of Estafa by means of deceit
1. Offender has an onerous obligation to 1. That there must be a false pretense or
deliver something of value. fraudulent means must be made or
2. That he alters its substance, quantity, or executed prior to or
quality. 2. That such false pretense, fraudulent act
3. There is damage or prejudice caused to or fraudulent means must be made or
another. executed prior to or simultaneously with
the commission of the fraud.
1B. ESTAFA WITH ABUSE OF 3. That the offended party must have relied
CONFIDENCE (under par. 1B) on the false pretense, fraudulent act, or
fraudulent means, that is, he was induced
Elements of Estafa with Abuse of Confidence to part with his money or property
under 1B because of the false pretense, fraudulent
1. That money, goods, other personal act, or fraudulent means.
property be received by the offender in 4. That as a result thereof, the offended
trust, or on commission, or for party suffered damage.
administration, or under any other
obligation involving the duty to make 2A. ESTAFA BY MEANS OF FALSE
delivery of, or to return, the same PRETENSES

183
Acts punished under estafa by means of false
pretenses under 2a:
1. By using a fictitious name
2. By falsely pretending to possess
a. Power
b. Influence
c. Qualifications
d. Property
e. Credit
f. Agency
g. Business or imaginary transactions
3. By means of other similar deceits.
2B. ESTAFA BY ALTERING QUALITY,
FINENESS, OR WEIGHT OF ANYTHING
PERTAINING TO ART OR HIS BUSINESS
2C. ESTAFA BY BRIBERY OF
GOVERNMENT OFFICIALS
Note: This is committed by any person who would
ask for money from another for the alleged
purpose of bribing a government employee, when
in truth and in fact the offender intended to
convert the money to his own personal benefit.
2D. ESTAFA BY POSTDATING A CHECK
Elements of Estafa by Postdating a Check under
2D
1. The offender postdated a check, or issued
a check in payment of an obligation.
2. Such postdating or issuing was done when
the offender had no funds in the bank, or
his funds deposited therein were not
sufficient to cover the amount of the
check.
2E. ESTAFA BY OBTAINING FOOD OR
ACCOMMODATION AT A HOTEL
Three ways to commit estafa by obtaining food
or accommodation at a hotel:
1. By obtaining food, refreshment or
accommodation at a hotel, inn, or
restaurant, boarding house, lodging
house, or apartment house, without
paying therefor, with intent to defraud
the proprietor or manager thereof.
184
2. By obtaining credit at any of the said
establishments by the use of false
pretenses
3. By abandoning or surreptitiously removing
any part of his baggage from any of the
said establishment after obtaining credit,
food, refreshment or accommodation
therein, without paying therefor.
D. ESTAFA THROUGH FRAUDULENT MEANS (par
3)
3A. ESTAFA BY INDUCEMENT TO SIGN A
DOCUMENT
Elements of Estafa by inducement to sign a
document under 3A
1. That the offender induced the offended
party to sign a document.
2. That deceit was employed to make him
sign the document.
3. That the offended party personally signed
the document.
4. That prejudice is caused.
3B. ESTAFA BY FRAUDULENT PRACTICE
IN GAMBLING
3C. ESTAFA BY REMOVING, CONCEALING,
OR DESTROYING DOCUMENTS
Elements of Estafa by removing, concealing, or
destroying documents under 3C
1. There be court record, office files,
documents or any other papers
2. That the offender removed, concealed,
or destroyed any of them
3. With an intent to defraud another
ARTICLE 316 - OTHER FORMS OF SWINDLING
Acts punishable:
1. By conveying, selling, encumbering, or
mortaging any real property, pretending
to be the owner of the same.
2. By disposing of real property as free from
encumbrance, although such
encumbrance be not recorded.
 3. By wrongfully taking by the owner his
personal property from its lawful
possessor.
4. By executing any fictitious contract to
the prejudice of another
5. By accepting any compensation for
services not rendered for labor not
performed.
6. By selling, mortgaging or encumbering
real property or properties with which
the offender guaranteed fulfillment of his
obligation as surety.
ELEMENTS OF NO. 1 - Estafa by representation
of ownership of real property
1. It must be an immovable thing.
2. That the offender who is not the owner
represents that he is the owner of the
same.
3. That the offender executed some acts of
ownership.
4. That the act made was done to the
prejudice of the owner or a third person.
ELEMENTS OF NO. 2 - Estafa by disposing an
encumbered property
1. The thing disposed of is real property.
2. The offender knew that the real property
was encumbered, even if its
encumbrance was not recorded.
3. That there must be express
representation by the offender that the
real property is free from encumbrance.
4. That the act of disposing the real
property be made to the damage of
another.
ELEMENTS OF NO. 3 - Estafa by taking from
lawful possessor
1. The offender is the owner of the property
2. The said property is in the lawful
possession of another
3. The offender wrongfully takes it from the
lawful possessor
4. That prejudice is caused to the lawful
possessor or third person.
Notes for No. 5
● This kind of estafa requires fraud. It is an
important element. If there is no fraud, it
becomes payment not owing, known as
solutio indebiti under the Civil Code.
185
● What constitutes estafa under this
paragraph is the malicious failure to
return the compensation wrongfully
received.
ELEMENTS OF NO. 6 - Estafa by encumbering a
property in a bond or surety
1. The offender is a surety in a bond given
in a criminal or civil action
2. That he guaranteed the fulfillment of
such obligation with his real property or
properties.
3. That he sells, mortgages, or in any other
manner, encumbers said real property.
4. That such sale, mortgage, encumbrance
is
a. Without express authority from
the court
b. Made before the cancellation of
his bond
c. Before being relieved from the
obligation contracted by him
Syndicated Estafa
Elements of syndicated estafa
1. That estafa or other forms of swindling as
defined in Art 315 and Art316 of RPC is
committed
2. That estafa of swindling committed by a
syndicate of five or more persons
3. That defraudation results in the
misappropriation of monies contributed
by stockholders, or members of rural
banks, cooperative, farmers’ association
or of funds solicited by corporations or
associations from the general public.
ARTICLE 317. SWINDLING A MINOR.
Elements:
1. That the offender takes advantage of the
inexperience or emotions or feelings of
the minor
2. That he induces the minor to:
a. Assume an obligation
b. To give release
c. To execute a transfer of any
property right
3. That the consideration is
a. Some loan of money
b. Credit
 c. Other personal property
4. That the transaction is to the detriment
of such minor
Note: Actual proof of deceit or misrepresentation
is not essential, as it is sufficient that the
offender takes advantage of the inexperience or
emotions of the minor. [REYES, Book 2]
ARTICLE 318. OTHER DECEITS.
Acts Punishable
1) By defrauding or damaging another by
any other deceit not mentioned in the
preceding articles.
2) By interpreting dreams, by making
forecasts, by telling fortunes, or by
taking advantage of the credulity of the
public in any other similar manner, for
profit or gain. (Revised Penal Code,
Article 318)
CHAPTER 7: CHATTEL MORTGAGE
ARTICLE 319. REMOVAL, SALE OR PLEDGE OR
MORTGAGED PROPERTY.
Acts Punishable
1. Any person who shall knowingly remove
any personal property mortgaged under
the Chattel Mortgage Law to any province
or city other than the one in which it was
located at the time of the execution of
the mortgage, without the written
consent of the mortgagee of his
executors, administrators, or assigns.
2. Any mortgagor who shall sell or pledge
personal property already pledged, or any
part thereof, under the terms of the
Chattel Mortgage Law, without the
consent of the mortgagee written on the
back of the mortgage and noted on the
record thereof in the office of the
register of deeds of the province where
such property is located. (Revised Penal
Code, Article 319)
Elements of knowingly removing mortgaged
personal property (first act):
186
1. That personal property is mortgaged
under the Chattel Mortgage Law.
2. That the offender knows that such
property is so mortgaged.
3. That he removes such mortgaged personal
property to any province or city other
than the one in which it was located at
the time of the execution of the
mortgage.
4. That the removal is permanent.
5. That there is no written consent of the
mortgagee or his executors,
administrators or assigns to such removal.
(Revised Penal Code, Article 319)
Elements of selling or pledging personal
property already pledged (second act):
1. That personal property is already pledged
under the terms of the Chattel Mortgage
Law.
2. That the offender, who is the mortgagor
of such property, sells or pledges the
same or any part thereof.
3. That there is no consent of the
mortgagee written on the back of the
mortgage and noted on the record
thereof in the office of the register of
deeds. (Revised Penal Code, Article 319)
CHAPTER 8: ARSON AND OTHER CRIMES
INVOLVING DESTRUCTION
Note: Articles 320 to 326-B are repealed or
amended by P.D. No. 1613. The laws on arson in
force today are P.D. No. 1613 and Article 320, as
amended by R.A. No. 7659. The provisions of P.D.
No. 1613 which are inconsistent with R.A. No.
7659 (such as Sec. 2 of P.D. No. 1613) are deemed
repealed.
ARTICLE 320. DESTRUCTIVE ARSON.
Definition
1. Arson - malicious destruction of property
by fire (People v. Laygo, G.R. No. 126351,
February 18, 2000)
2. Destructive Arson — contemplates the
malicious burning of structures, both
public and private, hotels, buildings,
 edifices, trains, vessels, aircraft,
factories and other military, government
or commercial establishments by any
person or group of persons which is
punishable by reclusion perpetua to death
(Buebos v. People, G.R. No. 163938,
March 28, 2008).
Kinds of Arson
1. Simple Arson (Sec. 1, P.D. No. 1613)
2. Destructive Arson (Art. 320, as amended
by R.A. No. 7659)
3. Other cases of arson (Sec. 3, P.D. No.
1613) (Reyes, The Revised Penal Code,
Book Two)
PD 1613. Amending the Law on Arson
Section 1. – Any person who burns or sets fire
to the property of another shall be punished by
prision mayor.
The same penalty shall be imposed when a
person sets fire to his own property under
circumstances which expose to danger the life
or property of another.
Section 2. – Destructive Arson. - The penalty of
reclusion temporal in its maximum period to
reclusion perpetua shall be imposed if the
property burned is any of the following:
1. Any ammunition factory and other
establishment Where explosives,
inflammable or combustible materials
are stored
2. Any archive, museum, whether public
or private, or any edifice devoted to
culture, education or social services.
3. Any church or place of worship or other
building where people usually
assemble.
4. Any train, airplane or any aircraft,
vessel or watercraft, or conveyance for
transportation of persons or property.
5. Any building where evidence is kept for
use in any legislative, judicial,
administrative or other official
proceeding.
6. Any hospital, hotel, dormitory, lodging
house, housing tenement, shopping
center, public or private market,
187
theater or movie house or any similar
place or building.
7. Any building, whether used as a
dwelling or not, situated in a populated
or congested area.
Section 3. – Other Cases of Arson. - The
penalty of reclusion temporal to reclusion
perpetua shall be imposed if the property
burned is any of the following:
1. Any building used as offices of the
government or any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard,
oil well or mine shaft, platform or
tunnel;
4. Any plantation, farm, pasture land,
growing crop, grain field, orchard,
bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill or
mill central; and
6. Any railway or bus station, airport,
wharf or warehouse.
Section 4. – Special Aggravating Circumstances
in Arson - The penalty in any case of arson shall
be imposed in its maximum period:
1. If committed with intent to gain;
2. If committed for the benefit of
another;
3. If the offender is motivated by spite or
hatred towards the owner or occupant
of the property burned;
4. If committed by a syndicate.
The offense is committed by a
syndicate if it is planned or carried out
by a group of three (3) or more
persons.
Section 5. – Where Death Results from Arson -
If by reason of or on the occasion of arson
death results, the penalty of Reclusion
perpetua to death shall be imposed.
Section 6. – Prima Facie Evidence of Arson -
Any of the following circumstances shall
constitute prima facie evidence of arson:
1. If the fire started simultaneously in
more than one part of the building or
establishment.
 2. If substantial amount of flammable Code and all laws, executive orders, rules and
substances or materials are stored regulations, or parts thereof, inconsistent with
within the building not necessary in the the provisions of this Decree are hereby
business of the offender nor for repealed or amended accordingly.
household use.
3. Gasoline, kerosene, petroleum or other Section 10. – Effectivity. — This Decree shall
flammable or combustible substances take effect immediately upon publication
or materials soaked therewith or thereof at least once in a newspaper of general
containers, thereof, or any mechanical, circulation.
electrical, chemical, or electronic
contrivance designed to start a fire, or Done in the City of Manila this 7th day of March
ashes or traces of any of the foregoing nineteen hundred and seventy nine.
are found in the ruins or premises of
the burned building or property.
4. If the building or property is insured for
CHAPTER 9: MALICIOUS MISCHIEF
substantially more than its actual value
at the time of the issuance of the
ARTICLE 327. WHO ARE LIABLE FOR MALICIOUS
policy.
MISCHIEF.
5. If during the lifetime of the
corresponding fire insurance policy
Definition
more than two fires have occurred in
Malicious mischief
the same or other premises owned or
The willful damaging of another’s property for
under the control of the offender
the sake of causing damage due to hate, revenge
and/or insured.
or other evil motive.
6. If shortly before the fire a substantial
portion of the effects insured and
Damage
stored in building or property had been
Not only loss but also diminution of what is a
withdrawn from the premises except in
man’s own
the ordinary course of business.
Elements
7. If a demand for money or other
1. That the offender deliberately caused
valuable consideration was made
damage to the property of another.
before the fire in exchange for the
2. That such act does not constitute arson or
desistance of the offender or for the
other crimes involving destruction.
safety of other person or property of
3. That the act of damaging another’s
the victim.
property be committed merely for the
sake of damaging it (Reyes, The Revised
Section 7. – Conspiracy to Commit Arson. —
Penal Code, Book Two).
Conspiracy to commit arson shall be punished
by prision mayor in its minimum period.
Note: This third element presupposes that the
offended acted due to hate, revenge or other evil
Section 8. – Confiscation of Object of Arson. —
motive. (Valeroso v. People, G.R. No. 149718,
The building which is the object of arson
September 29, 2003)
including the land on which it is situated shall
be confiscated and escheated to the State,
XPN: Malicious mischief embraces those attempts
unless the owner thereof can prove that he has
against another’s property inspired by hatred or a
no participation in nor knowledge of such arson
desire for revenge and sometimes by mere
despite the exercise of due diligence on his
pleasure of destroying (People v. Siddayao, C.A.,
part.
53 O.G. 8163)

Section 9. – Repealing Clause. — The provisions

of Articles 320 to 326-B of the Revised Penal

188
No Malicious Mischief in the following cases:
1. If there is no malice in causing the
damage - the obligation to repair or pay
for damages is only civil.
2. If there is intent to gain – crime
committed is Theft. (Reyes, The Revised
Penal Code, Book Two)
Note: “Damage” Includes not only loss but also
diminution of what a person owns. Thus, damage
to another's house includes defacing it.
ARTICLE 328. SPECIAL CASES OF MALICIOUS
MISCHIEF.
Acts Punishable
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, promenade, or any other thing used
in common by the public. (Revised Penal
Code, Article 328)
ARTICLE 329. OTHER MISCHIEFS.
Definition
Mischiefs
Not included in the next preceding article and are
punished according to the value of damage
caused. (Revised Penal Code, Article 329)
ARTICLE 330. DAMAGE AND OBSTRUCTION TO
MEANS OF COMMUNICATION.
Persons Liable:
● Any person who shall damage any railway,
telegraph or telephone lines. (Revised
Penal Code, Article 330(Par. 1))
Qualifying Circumstance:
● Damage shall result in the derailment of
cars, collision, or other accident (Revised
Penal Code, Article 330, Par. 2)
189
ARTICLE 331. DESTROYING OR DAMAGING
STATUES, PUBLIC MONUMENTS OR PAINTINGS.
Persons Liable:
1. Any person who shall destroy or damage
statues or any other useful or ornamental
public monuments; and
2. Any person who shall destroy or damage
any useful or ornamental painting of a
public nature. (Revised Penal Code,
Article 331)
CHAPTER 10: EXEMPTION FROM CRIMINAL
LIABILITY IN CRIMES AGAINST PROPERTY
ART 332 - PERSONS EXEMPT FROM CRIMINAL
LIABILITY
Persons Exempt:
1. Spouses, ascendants, 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 been
passed into the possession of another;
and
3. Brothers and sisters and brothers-in-law
and sisters-in-law, if living together
(Revised Penal Code, Article 332, Pars.
2-4)
Crimes Involved:
1. Theft
2. Swindling (Estafa)
3. Malicious Mischief (Id., Par. 1)
Rules
1. Article 332 applies to common law
spouses
2. Siblings and siblings-in-law must be living
together at the time of the commission of
the crime (Revised Penal Code, Article
332)

SPECIAL PENAL LAWS
1. ANTI-FENCING LAW OF 1979 (SECS. 2 TO
6, P.D. NO. 1612)
a) Fencing
(1) Definition [Sec. 2]
Definition of Terms
1. Fencing - the act of any person who, with
intent to gain for himself or for another,
shall buy, receive, possess, keep, acquire,
conceal, sell or dispose of, or shall buy
and sell, or in any other manner deal in
any article, item, object or anything of
value which he knows, or should be
known to him, to have been derived from
the proceeds of the crime of robbery or
theft.
2. Fence - any person, firm, association,
corporation or partnership or other
organization who/which commits the act
of fencing. (P.D. No. 1612, Section 2)
Elements of Fencing
1. The crime of robbery or theft has been
committed.
2. The accused, who is not a principal or
accomplice in the commission of the
crime of robbery or theft, buys, receives,
possesses, keeps, acquires, conceals, sells
or disposes, or buys and sells, or in any
manner deals in any article, item, object,
or anything of value, which is derived
from the proceeds of the said crime.
3. The accused knows or should have known
that the said article, item, object, or
anything of value has been derived from
the proceeds of the crime of robbery or
theft,
4. There is, on the part of the accused,
intent to gain for himself or another.
Penalties
If the value of the property involved is:
a. 12,000+ to 22,000 - Prison Mayor;
i. If the value of the property
exceeds 22,000, additional 1 year
every 10,000;
ii. Total penalty shall not exceed 20
years.
190
b. 6,000 to 12,000 - Prison Correctional
minimum and medium period;
c. 200 to 6,000 - Prison Correctional in its
minimum and medium period;
d. 50 to 200 - Arresto Mayor in its medium
to Prision Correccional in its minimum;
e. 5 to 50 - Arresto Mayor in its medium
period; and
f. 5 - Arresto Mayor in its minimum. (P.D.
No. 1612, Section 3)
If the fence is a juridical person (a partnership,
firm, corporation, or association), the following
are liable:
1. President
2. Manager
3. Any officer thereof who knows or should
have known the commission of the
offense. P.D. No. 1612, Section 4)
(2) Presumption in the crime of fencing
Mere possession of any good, article, item,
object, or anything of value which has been the
subject of robbery or thievery shall be prima
facie evidence of fencing. (P.D. No. 1612, Section
5)
Rules on selling secondhand articles:
1. All stores, establishments or entities
dealing in the buy and sell of any good,
article, item, object or anything of value
obtained from an unlicensed dealer or
supplier thereof, shall before offering the
same for sale to the public, secure the
necessary clearance or permit from the
station commander of the Integrated
National Police in the town or city where
such store, establishment or entity is
located.
2. The Chief of Constabulary/Director
General, Integrated National Police shall
promulgate such rules and regulations to
carry out the provisions of this section.
3. Any person who fails to secure the
clearance or permit required by this
section or who violates any of the
provisions of the rules and regulations
promulgated thereunder shall upon
conviction be punished as a fence.
(Reyes, The Revised Penal Code, Criminal
 Law: Book Two, Articles 114-367, 2021
Edition, pp. 953-958)
b) Exception
(1) With Clearance or Permit to Sell [Sec. 6]
Section 6. Clearance/Permit to Sell/Used Second
Hand Articles. For purposes of this Act, all stores,
establishments or entities dealing in the buy and
sell of any good, article item, object of anything
of value obtained from an unlicensed dealer or
supplier thereof, shall before offering the same
for sale to the public, secure the necessary
clearance or permit from the station commander
of the Integrated National Police in the town or
city where such store, establishment or entity is
located. The Chief of Constabulary/Director
General, Integrated National Police shall
promulgate such rules and regulations to carry
out the provisions of this section. Any person who
fails to secure the clearance or permit required
by this section or who violates any of the
provisions of the rules and regulations
promulgated thereunder shall upon conviction be
punished as a fence.
K. CRIMES AGAINST CHASTITY (Arts.
333-334, 336-346)
Chapter 1: Adultery and Concubinage
ARTICLE 333. WHO ARE GUILTY OF ADULTERY.
Elements:
1. That the woman is married;
2. That she has sexual intercourse with a
man not her husband;
3. That she regards the man with whom she
has sexual intercourse, he must know her
to be married (Revised Penal Code,
Article 333, Par. 1)
Notes:
● The offended party must be legally
married to the offender at the time of
the criminal case.
● For a man, to be guilty of adultery, he
must have the knowledge of the marriage
status of the woman. (Reyes, The Revised
Penal Code, Book Two)
191
● If the marriage is subsequently declared
void from the beginning, there is no
adultery. (Pulido v. People, G.R. No.
220149, July 27, 2021)
Effect of Pardon:
Article 344 requires that -
1. The pardon must come before the
institution of the criminal prosecution;
and
2. Both the offenders must be pardoned by
the offended party. (Reyes, The Revised
Penal Code, Book Two)
Mitigating Circumstances:
● The Criminal liability is mitigated when
adultery is committed while being
abandoned by her husband without
justification. (Revised Penal Code, Art.
333, par.3)
The Supreme Court ruled that when the husband
is believed to be dead, the wife’s act of giving
herself up to the man who lent a helping hand
during such time of want and need is considered
a mitigating circumstance. (People v. Alberto, CA
47 OG 2438)
When applicable, both defendants shall be
entitled to mitigating circumstances. (Reyes, The
Revised Penal Code, Book Two)
ARTICLE 334. CONCUBINAGE.
Definition:
● Mistress - a woman who is taken by the
accused into the conjugal dwelling as a
concubine
● Cohabit - The term cohabit means to
dwell together, in the manner of husband
or wife, for some period of time as
distinguished from occasional, transient
interviews for unlawful intercourse.
(People v. Pitoc, G.R. No. 18513,
September 18, 1922)
Three ways of committing the crime of
concubinage:
1. By keeping a mistress in the conjugal
dwelling; or
 2. By having sexual intercourse, under
scandalous circumstances, with a woman
who is not his wife; or
3. By cohabiting with her in any other place.
(People v. Pitoc, G.R. No. 18513 (1922)
Elements:
1. That the man must be married.
2. That he committed any of the following
acts:
a. Keeping a mistress in the conjugal
dwelling
b. Having sexual intercourse under
scandalous circumstances with a
woman who is not his wife;
c. Cohabiting with her in any other
place
3. That as regards the woman, she must
know him to be married (Reyes, The
Revised Penal Code, Book Two)
CHAPTER 2: RAPES AND ACTS OF
LASCIVIOUSENSS
ART 335. WHEN AND HOW RAPE IS COMMITTED
(REPEALED BY RA. 8353)
ARTICLE 336. ACTS OF LASCIVIOUSNESS.
Definitions:
1. Lewd - obscene, lustful, indecent,
lecherous. It signifies the form of
immorality which relation to moral
impurity; or that which is carried on a
wanton manner (People v. Dominador
Ladra, G.R. No. 221443, July 17, 2017)
2. Lascivious conduct - the intentional
touching, either directly or through
clothing, of the genitalia, anus, groin,
breast, inner thigh, or buttocks, or the
introduction of any object into the
genitalia, anus, or mouth, of any person,
whether of the same or opposite sex wih
an intent to abuse, humiliate, harass,
degrade, or arouse and gratify the sexual
desire of any person, bestiality,
masturbation, lascivious exhibition of the
genitals or pubic area of a person.
(Ataday v. People, G.R. No. 240145,
September 14, 2020)
192
Elements:
1. The offender commits any act of
lasciviousness or lewdness
2. The act of lasciviousness is committed
against a person of either sex; and
3. It is done under any of the following
circumstances:
a. By using force or intimidation;
b. When the offended party is
deprived of reason or otherwise
unconscious;
c. By means of fraudulent
machination or grave abuse of
authority; or
d. When the offended party is under
12 years of age or demented
(People v. XXX, G.R. No. 251865,
September 14, 2021)
Note: No Frustrated or Attempted Acts
Lasciviousness. There can be no attempted and
frustrated acts of lasciviousness. (Reyes, The
Revised Penal Code, Book Two)
The crime of consummated rape absorbs acts of
lasciviousness. (Dulla v. CA and Ortega, G.R. No
123164, February 18, 2000)
Differences from attempted rape:
1. If the acts performed by the offender
clearly indicate that his purpose was to
lie with the woman, it is attempted or
frustrated rape
2. In the case of attempted rape, the
lascivious acts are but preparatory acts to
the commission of rape; where as, in the
other, the lascivious acts are themselves
the final objective sought by the
offender. (Id.)
RA No. 7610 (Special Protection of Children
Against Abuse, Exploitation and Discrimination
Act)
When performed on a child below 18 years of
age, exploited in prostitution or subjected to
other sexual abuse. (Bangayan v. People, G.R. No.
235610, September 16, 2020)
Elements of Lascivious Conduct under RA No.
7610
The following elements of sexual abuse under
Sec. 5 (b) of RA 7610 must be proven in addition
to the elements of acts of lasciviousness: [SE-18]
1. Accused commits the act of Sexual
intercourse or lascivious conduct.
2. Said act is performed with a child
Exploited in prostitution or subjected to
other sexual abuse.
3. Child, whether male or female, is below
18 years of age. (People v. Caoili Alias
"Boy Tagalog", G.R. No. 196848, August 8,
2017)
Note: Sweetheart defense is Inapplicable for
purposes of sexual intercourse and lascivious
conduct in child abuse cases under RA 7610. A
child exploited in prostitution or subjected to
other sexual abuse cannot validly give consent to
sexual intercourse with another person.
Chapter 3: SEDUCTION, CORRUPTION OF
MINORS, AND WHITE SLAVE TRADE
ARTICLE 337. QUALIFIED SEDUCTION.
Definitions
1. Seduction - enticing a woman to unlawful
sexual intercourse by promise of marriage
or other means of persuasion without
force.
2. Qualified seduction - The acts would not
be punished were it not for the character
of the person committing the same, on
account of the excess of power or abuse
of confidence of which the offender
availed himself
3. Domestic - a person usually living under
the same roof, pertaining to the same
house. (People v. Alvarez, G.R. No.
L-34644, January 17, 1974)
Two classes of qualified seduction:
1. Seduction of a virgin minor, 16 and over
but 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 by her ascendant, regardless
of her age and reputation (Revised Penal
193
Code, Article 337, as amended by RA
11648)
Elements of qualified seduction of a virgin:
1. The offended party is a virgin;
2. She must be a minor, 16 and over but
under 18 (as amended by R.A. 11648)
3. The offender has sexual intercourse with
her; and
4. There is abuse of authority, confidence,
or relation on the part of the offender.
(Id.)
Who could be offenders?
1. Those who abused their authority:
a. Person in Public Authority
b. Guardian
c. Teacher
d. Person who, in any capacity, is
entrusted with the education or
custody of the woman seduced.
2. Those who abused confidence reposed in
them:
a. Priest
b. House Servant
c. Domestic (living under the same
roof)
3. Those who abused their relationship
a. Brother who seduced his sister
b. Ascendant who seduced his
descendant. (Id.)
ARTICLE 338. SIMPLE SEDUCTION.
Elements:
1. That the offended party is a minor, 16
and over but under 18 years of age (as
amended by R.A. 11648)
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.
(Art. 338, RPC)
Deceit generally takes the form of unfulfilled
promise of marriage and this promise need not
immediately precede the carnal act. (People
v.Iman, 62 Phil 92)
Note: Promise of marriage by a married man is
not a deceit, if the woman knew him to be
married. [REYES, Book 2]
ARTICLE 339 - ACTS OF LASCIVIOUSNESS WITH
THE CONSENT OF THE OFFENDED PARTY
Elements:
1. That the offender commits acts of
lasciviousness or lewdness
2. That the acts are committed upon a
woman who is a virgin or single widow of
good reputation, under 18 years of age
but over 12 years or a sister or
descendant regardless of her reputation
or age.
3. That the offender accomplishes the acts
by abuse of authority, confidence,
relationship, or deceit. (People v.
Alvarez, G.R. No. L-34644, January 17,
1974)
ARTICLE 340. CORRUPTION OF MINORS.
Punishable Acts:
● Promoting or facilitating the prostitution
or corruption of persons under age to
satisfy the lust of another. (Revised Penal
Code, Article 340).
Elements of Child Prostitution under Section
5(a) of R.A. 7610:
1. The accused engages in, promotes,
facilitates or induces child prostitution;
2. The act is done through, but not limited
to, the following, means:
a. Acting as a procurer of a child
prostitute
b. Inducing a person to be a client
of a child prostitute by means of
written or oral advertisement or
other similar means;
c. Taking advantage of influence or
relationship to procure a child
prostitute;
d. Threatening or using violence
towards a child to engage him as
a prostitute; or
e. Giving monetary consideration,
goods, or other pecuniary benefit
to a child with the intent to
engage such child in prostitution;
3. The child is exploited in prostitution
194
4. The child, whether male or female, is
below 18 years of age.
ARTICLE 341. WHITE SLAVE TRADE.
Punishable Acts:
1. Engaging in the business of prostitution
2. Profiting by prostitution; and
3. Enlisting the services of women for the
purpose of prostitution (Revised Penal
Code, Article 341).
Chapter 4: ABDUCTION
ARTICLE 342. FORCIBLE ABDUCTION.
Definition
Abduction
The taking away of a woman from her house or
the place where she may be for the purpose of
carrying her to another place with intent to
marry or to corrupt her (libidinis causa). (People
v. Crisostomo, G.R. No. L-19034, February 17,
1923, citing Viada)
Elements
1. That the person abducted is a woman
regardless of her ages; civil status, or
reputation
2. That the abduction is against her will,
and
3. That the abduction is with lewd design
(Revised Penal Code, Article 342).
Note: If the female abducted is under 12, the
crime is forcible abduction, even if she
voluntarily goes with her abductor.
ARTICLE 342- FORCIBLE ABDUCTION
ARTICLE 342- ARTICLE 286- GRAVE
FORCIBLE COERCION/ ART267-
ABDUCTION KIDNAPPING
Existence of Lewd design
With lewd design Without lewd design

Deprivation of Liberty
There is deprivation There is NO
of liberty deprivation of liberty
Elements:
1. The abductor has carnal knowledge of the
abducted women .
2. By using force or intimidation
3. When the women is deprived of reason or
other unconscious or
4. When the women is under 12 years of age
or is demented. (People vs Domingo, GR
NO. 225743, June 7, 2011)
Crime against chastity where age and
reputation of victim is immaterial
1. Rape
2. Act of lasciviousness against the will or
without the consent of the offended
party
3. Qualified seduction of a sister or
descendant;
4. Forcible abduction (Id.)
ARTICLE 343. CONSENTED ABDUCTION.
Elements:
1. That the offended party must be a virgin
2. That she must be over 12 years and under
18 years of age;
3. That the taking away of the offended
party must be with her consent after
solicitation of cajolery; and
4. That the taking away of the offended
party must be with lewd designs (Revised
Penal Code, Article 343)
Note: When there was no solicitation or cajolery
and no deceit and the girl voluntarily went with
the man, there is no crime committed even if
they had sexual intercourse. (People v. Caoili
alias "Boy Tagalog", G.R. No. 196342, August 8,
2017)
Complex Crime of Consented Abduction with
Rape
When a 15-year-old girl was induced by the
accused to leave her home and later was forcibly
violated by him, the accused is guilty of the
195
complex crime of consented abduction with rape.
(People v. Labis, G.R. No. 225743, June 7, 2017)
CHAPTER 5: PROVISIONS RELATION TO THE
PRECEDING CHAPTER OF TITLE ELEVEN
ARTICLE 344. PROSECUTION OF THE CRIMES OF
ADULTERY, CONCUBINMATE, SEDUCTION,
ABDUCTION, RAPE AND ACTS OF
LASCIVIOUSNES.
Rules in prosecuting the following crimes
1. Adultery and concubinage must be
prosecuted upon the complaint signed by
the offended spouse (and in the absence
of an express or implied pardon)
2. Seduction, abduction and acts of
lasciviousness must be prosecuted upon
the complaint signed by -
a. Offended party
b. Her parents
c. Grandparents
d. Guardians in the order in which
they are named above (People v.
Guzman, G.R. No. 185843, March
3, 2010)
Note: If a minor or incapacitated and refuses to
file either of the next succeeding person may file
1. Either parents:
2. Either of the grandparents whether
paternal or maternal
3. Legal or judicial guardians
4. The state, as parens patriae when the
offended party dies or become
incapacitated before she could file the
complaint and she has no known parents,
grandparents or guardians. (RULES OF
COURT, Rule 110, Sec.5)
ARTICLE 345. CIVIL LIABILITY OF PERSONS
GUILTY OF CRIMES AGAINST CHASTITY.
Seduction or Abduction:
1. To indemnify the offended woman
2. To acknowledge offspring, unless the law
should prevent him from doing so
a. In adultery and concubinage since
only an illegitimate child may be
acknowledged
b. Where either the offended party
of the accused is married
 c. When paternity cannot be
determined as in multiple rape; Definitions
and 1. "Broadcast" means to make public, by any
d. Other instances where the law means, a visual image with the intent
should prevent the offender from that it be viewed by a person or persons.
doing so; 2. "Capture" with respect to an image,
3. In every case to support the offspring means to videotape, photograph, film,
(Revised Penal Code, Article 345) record by any means, or broadcast.
3. "Female breast" means any portion of the
female breast.
ARTICLE 346. LIABILITY OF ASCENDANTS, 4. "Photo or video voyeurism" means the
GUARDIANS, TEACHER, OR OTHER PERSONAS act of taking photo or video coverage of a
ENTRUSTED WITH THE CUSTODY OF THE person or group of persons performing
OFFENDED PARTY. sexual act or any similar activity or of
capturing an image of the private area of
Persons who cooperate as accomplices but are a person or persons without the latter's
punished as principals in seduction, abduction, consent, under circumstances in which
acts of lasciviousness, acts of lasciviousness with such person/s has/have a reasonable
the consent of the offended party, corruption of expectation of privacy, or the act of
minors, white slave trade: selling, copying, reproducing,
1. Ascendants broadcasting, sharing, showing or
2. Guardians exhibiting the photo or video coverage or
3. Curators recordings of such sexual act or similar
4. Teachers: and activity through VCD/DVD, internet,
5. Any person, who cooperates as an cellular phones and similar means or
accomplice with abuse of authority or device without the written consent of the
confidential relationship. (Revised Penal person/s involved, notwithstanding that
Code, Article 346) consent to record or take photo or video
coverage of same was given by such
“Crimes embraced in chapters 2, 3, and 4 of person's.
this title” 5. "Private area of a person" means the
1. Rape naked or undergarment clad genitals,
2. Acts of lasciviousness public area, buttocks or female breast of
3. Qualified seduction an individual.
4. Simple seduction 6. "Under circumstances in which a person
5. Acts of lasciviousness with the consent of has a reasonable expectation of privacy"
the offended party means believe that he/she could disrobe
6. Corruption of minors in privacy, without being concerned that
7. White slave trade an image or a private area of the person
8. Forcible abduction was being captured; or circumstances in
9. Consented abduction (Reyes, The Revised which a reasonable person would believe
Penal Code, Book Two) that a private area of the person would
not be visible to the public, regardless of
SPECIAL PENAL LAWS whether that person is in a public or
private place

1. ANTI-PHOTO AND VIDEO VOYEURISM ACT b) Prohibited Acts [Sec. 4]

OF 2009 (SECS. 3 AND 4,R.A. NO. 9995)
Prohibited acts:
1. To take photo or video coverage of a
a) Definition of Terms [Sec. 3]
person or group of persons performing
sexual act or any similar activity or to

196
 capture an image of the private area of a
person/s such as the naked or
undergarment clad genitals, public area,
buttocks or female breast without the
consent of the person/s involved and
under circumstances in which the
person/s has/have a reasonable
expectation of privacy;
2. To copy or reproduce, or to cause to be
copied or reproduced, such photo or
video or recording of sexual act or any
similar activity with or without
consideration;
3. To sell or distribute, or cause to be sold
or distributed, such photo or video or
recording of sexual act, whether it be the
original copy or reproduction thereof; or
4. To publish or broadcast, or cause to be
published or broadcast, whether in print
or broadcast media, or show or exhibit
the photo or video coverage or recordings
of such sexual act or any similar activity
through VCD/DVD, internet, cellular
phones and other similar means or
device.
Note: The prohibition under paragraphs 2, 3 and
4 shall apply notwithstanding that consent to
record or take photo or video coverage of the
same was given by such person/s. Any person who
violates this provision shall be liable for photo or
video voyeurism as defined herein.
XPN: It is not unlawful or punishable for any
peace officer, who is authorized by a written
order of the court, to use the record or any copy
thereof as evidence in any civil, criminal
investigation or trial of the crime of photo or
video voyeurism: PROVIDED, That such written
order shall only be issued or granted upon:
1. Written application and
2. The examination under oath or
affirmation of the applicant and the
witnesses he/she; and
3. Upon showing that there are reasonable
grounds to believe that photo or video
voyeurism has been committed or is
about to be committed, and
4. That the evidence to be obtained is
essential to the conviction of any person
for, or to the solution or prevention of
such, crime. (Section 6 of the same act)
197
2. SPECIAL PROTECTION OF CHILDREN
AGAINST CHILD ABUSE, EXPLOITATION,
AND DISCRIMINATION ACT (RA 7610, as
amended)
a) Child Prostitution and Other Acts of Abuse
[Sec. 5, RA 7610, as amended by RA 11648]
Section 5. Child Prostitution and Other Sexual
Abuse. – Children, whether male or female, who
for money, profit, or any other consideration or
due to the coercion or influence of any adult,
syndicate or group, indulge in sexual intercourse
or lascivious conduct, are deemed to be children
exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its
medium period to reclusion perpetua shall be
imposed upon the following:
(a) Those who engage in or promote,
facilitate or induce child prostitution
which include, but are not limited to, the
following:
(1) Acting as a procurer of a child
prostitute;
(2) Inducing a person to be a client
of a child prostitute by means of
written or oral advertisements or
other similar means;
(3) Taking advantage of influence or
relationship to procure a child as
prostitute;
(4) Threatening or using violence
towards a child to engage him as
a prostitute; or
(5) Giving monetary consideration
goods or other pecuniary benefit
to a child with intent to engage
such child in prostitution.
(b) Those who commit the act of sexual
intercourse or lascivious conduct with a
child exploited in prostitution or
subjected to other sexual abuse:
Provided, That when the victim is under
sixteen (16) years of age, the
perpetrators shall be prosecuted under
Article 335, paragraph 2, for rape and
Article 336 of Act No. 3815, as amended,
otherwise known as "The Revised Penal
Code", for rape, or lascivious conduct, as
 the case may be: Provided, That the
penalty for lascivious conduct when the
victim is under sixteen (16) years of age
shall be reclusion perpetua in its medium
period; and
(c) Those who derive profit or advantage
therefrom, whether as manager or owner
of the establishment where the
(1) Comparison of Prosecution for Acts of Lasciviousness Under Art. 366, RPC, and RA 7610, as
amended
RA 7610
Conviction for such crime requires the concurrence
of the following elements:
(a) That the offender commits any act of
lasciviousness or lewdness;
(b) That it is done under any of the following
circumstances:
(i) Through force, threat, or intimidation,
(ii) When the offended party is deprived of
reason or otherwise unconscious,
(iii) By means of fraudulent machination or
grave abuse of authority, and
(iv) When the offended party is under twelve
(12) years of age or is demented, even
though none of the circumstances
mentioned above be present; and
(c) That the offended party is another person of
either sex.
(People v. Ladra, G.R. No. 221443, [July 17, 2017], 813 PHIL 862-877)
L. CRIMES AGAINST THE CIVIL STATUS OF
PERSONS (Arts. 347-352)
ARTICLE 347. SIMULATION OF BIRTHS,
SUBSTITUTION OF ONE CHILD FOR ANOTHER,
AND CONCEALMENT OF ABANDONMENT OF A
LEGITIMATE CHILD.
Definition
Simulation of birth
The tampering of the civil registry making it
appear in the birth records that a certain child
was born to a person who is not his/her biological
mother, causing such child to lose his/her true
identity and status. (RA No. 8552, Domestic
Adoption Act of 1998, sec. 3(j))
198
prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment
or establishment serving as a cover or
which engages in prostitution in addition
to the activity for which the license has
been issued to said establishment.
RPC, Article 366
Before an accused can be held criminally liable for
lascivious conduct under Section 5 (b) of RA 7610,
the requisites of the crime of Acts of
Lasciviousness as penalized under Article 336 of
the RPC above-enumerated must be met in
addition to the requisites for sexual abuse under
Section 5 (b) of RA 7610, as follows:
(1) The accused commits the act of sexual
intercourse or lascivious conduct;
(2) The said act is performed with a child
exploited in prostitution or subjected to other
sexual abuse; and
(3) That the child, whether male or female, is
below 18 years of age.
Acts Punishable
1. Simulation of births;
2. Substitution of one child for another;
3. Concealing or abandoning any legitimate
child with intent to cause such child to
lose its civil status. (Revised Penal Code,
Article 347)
Persons responsible:
1. Woman who simulates birth and the one
who furnishes the child
2. A physician or surgeon or public officer,
who cooperates in the execution of any of
these crimes, is also liable if he acts in
violation of the duties of his profession or
office. (Id., Par. 3)
In concealing or abandoning any legitimate
child, three requisites must be present.
Namely:
1. The child must be legitimate
2. The offender conceals or abandons such
child;
3. The offender has the intent to cause such
a child to lose its civil status. (Reyes, The
Revised Penal Code, Book Two)
ARTICLE 348. USURPATION OF CIVIL STATUS
Definition:
Civil status
Includes one's public station, or the rights, duties,
capacities and incapacities which determine a
person to a given class. It seems that the term
"civil status" includes one's profession. (Reyes,
The Revised Penal Code, Book Two)
Act punishable:
● When a person represents himself to be
another and assumes the filiation or the
parental or conjugal rights of such
another person. (Reyes, The Revised
Penal Code, Book Two)
Note: The crime is qualified if the purpose is to
defraud the offended party or his heirs (Revised
Penal Code, Art. 348).
ARTICLE 349. BIGAMY.
Elements:
1. Offender has been legally married;
2. The marriage has not been legally
dissolved or, in case his or her spouse is
absent, the absent spouse could not yet
be presumed dead according to the Civil
Code;
3. That he contracts a second or subsequent
marriage;
4. The second or subsequent marriage has
all the essential requisites for validity.
(Capili v. People and Capili, G.R. No.
183805, July 3, 2013)
One convicted of bigamy may also be prosecuted
for concubinage as both are distinct offenses. The
first is an offense against civil status, which may
199
be prosecuted at the instance of the state; the
second is an offense against chastity, and may be
prosecuted only at the instance of the offended
party. (Id.)
Persons Liable as Accomplices
If they have knowledge of the first marriage, the
following are liable as accomplices:
1. Second Spouse; and
2. Witness who falsely vouches for the
capacity of the contracting parties.
ARTICLE 350. ILLEGAL MARRIAGE
Elements
1. Offender contracted marriage;
2. That he knew at the time that -
a. The requirements of the law were
not complied with; or
b. The marriage was in disregard of
a legal impediment
Qualifying circumstances
● If either of the contracting parties
obtains the consent of the other by
means of violence, intimidation or fraud.
ARTICLE 351. PREMATURE MARRIAGE.
Note: Repealed by Republic Act No. 10655, An
Act Repealing the Crime of Premature Marriage
Persons liable
1. A widow who is married within 301 days
from the date of the death of her
husband, or before having delivered if
she is pregnant at the time of his death;
2. A woman who, her marriage having been
annulled or dissolved, married before her
delivery or before the expiration of the
period of 301 days after the date of the
legal separation.
ARTICLE 352. PERFORMANCE OF ILLEGAL
MARRIAGE
● Priests or ministers of any religious
denomination or sect or civil authorities
who perform or authorize any illegal
marriage ceremony shall be punished;
under marriage law.
Elements
1. Offender is Authorized to solemnize
marriages
2. He Performs or authorizes any illegal
marriage ceremony
Persons Liable
The following can be held liable for performing or
authorizing any illegal marriage ceremony:
1. Priests or ministers of any religious
denomination or sect, or
2. Civil authorities (Revised Penal Code,
Article 352)
Note: If the offender is not so authorized to
solemnize marriages, he is liable under Art 177,
Usurpation of Authority (See Revised Penal Code,
Article 177)
M. CRIMES AGAINST HONOR (Arts. 353-364)
CHAPTER 1: LIBEL
ARTICLE 353. DEFINITION OF LIBEL
Libel
A public and malicious imputation of a crime, or
of a vice or defect, 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. (Revised
Penal Code, Art. 353)
Elements of Libel:
1. Imputation of a discreditable act or
condition to another;
2. Publication of the imputation;
3. Identity of the person defamed; and
4. Existence of malice. (Guingguing v. Court
of Appeals, G.R. No. 128959, 2005)
Seditious Libel
A person took pictures of himself pretending to
have committed suicide, and then sending copies
of the same to several newspapers and weeklies
of general circulation, attached with a supposed
suicide note calling the government as one of
crooks and dishonest persons infested with Nazis
and Fascists, was held liable for the crime of
200
Seditious libel under Art. 142 not Art. 353 of the
Revised Penal Code. [Espuelas y Mendoza v.
People, G.R. No. L-2990, [December 17, 1951)]
Defamation
The offense of injuring a person's character, fame
or reputation through false and malicious
statements. It is that which tends to injure
reputation or to diminish the esteem, respect,
good will or confidence in the plaintiff or to
excite derogatory feelings or opinions about the
plaintiff. It is the publication of anything which is
injurious to the good name or reputation of
another or tends to bring him into disrepute.
[Yuchengco v. Manila Chronicle Publishing Corp.,
G.R. No. 184315, (2009)]
Identification of Offended Party Required
To maintain a libel suit, it is essential that the
victim be identifiable, although it is not
necessary that he be named. [Corpus vs.
Cuarderno, Sr., G.R. No. L-16969, (1966)]
When defamatory Statements are addressed to
a Number of People
GR: Defamatory remarks directed at a group of
persons is not actionable.
XPNs:
1. Statements are sweeping or all-embracing
as to apply to every individual in that
group or class;
2. Sufficiently specific so that each victim
to be identifiable. [Newsweek vs. IAC,
G.R. No. L-63559, (1986)]
3. If the utterance is made against a number
of people, designated by their common
surname, not separately mentioned, then
there is only one offense. [People vs.
Aquinoc, 35 OG 8844, (1966)]
4. Imputation tends to cause Dishonor,
Discredit or Contempt of the person
defamed. (Revised Penal Code, Article
353)
Publication in libel
The making known of the defamatory matter,
after it has been written, to some person other
than the person of whom it is written. If the
statement is sent straight to a person of whom it
is written there is no publication of it. (Alonzo v.
Court of Appeals, G.R. No. 110088, (1995)]

Sending a Letter is Sufficient Publication
GR: Writing a letter to another person other than
the person defamed is sufficient to constitute
publication [Orfanel vs. People, G.R. No. L-26877,
(1969)]
XPN: Sending a letter in a sealed envelope
through a messenger, is not publication. [Lopez
vs. Delgado, G.R. No. L3499, (1907)]
The imputation may cover:
1. Crime allegedly committed by the
offended party;
2. Vice or defect, real or imaginary of the
offended party; or
3. Any act, omission, condition, status of, or
circumstance relating to the offended
party.
ARTICLE 354. REQUIREMENT FOR PUBLICITY.
Definition:
● Official proceedings - refer to the
proceedings of the three Departments of
the Government, namely: (1) Judiciary;
(2) Legislative; and (3) Executive.
Kinds of privileged communication
1. Absolutely privileged - not actionable
even if the actor has acted in bad faith
2. Qualifiedly privileged - not actionable
unless made with malice or bad faith
although contains defamatory
imputations
Elements of privileged communication under
par. 1, Art 354:
A private communication made by any person to
another is a privileged communication when the
following are present:
1. That the person who made the
communication had a legal, moral, or
social duty to make the communication,
or at least he had an interest to be
upheld.
2. That the communication is addressed to
an officer or a board, or superior having
some interest or duty in the matter
201
3. That the statements in the
communication are made in good faith
without malice (in fact)
Elements of Fair and true report of official
proceedings under par. 2, Art. 354:
1. That it is a fair and true report of a
judicial, legislative, or other official
proceedings which are not of confidential
nature, or of a statement, report or
speech delivered in said proceedings, or
of any other act performed by a public
officer in the exercise of his functions;
2. That it is made in good faith; and
3. That it is without any comments or
remarks.
GR: Every defamatory imputation is presumed
malicious, even if it be true, if no good intention
and justifiable motive for making it is shown.
However, the presumption of malice is rebutted,
if it is shown by the accused that:
● Defamatory imputation is true, in case
the law allows proof of the truth of the
imputation
● It is published with good intention
● There is a justifiable motive for making it
XPNs:
1. a private communication made by any
person to another in the performance of
any legal, moral or social duty; and
2. a fair and true report, made in good
faith, without any comments or remarks,
of any judicial, legislative or other
official proceedings which are not of
confidential nature, or of any statement,
report or speech delivered in said
proceedings, or of any other act
performed by public officers in the
exercise of their functions. (Tulfo v.
People, G.R. No. 237620, 2021)
Hence, the serious accusation of petitioner Tulfo
et al., on GMA-7 of stealing a video coverage and
broadcasting it on national television is an
imputation of the crime of Libel and is presumed
malicious. [Tulfo v. People, G.R. No. 237620,
(2021)]
Doctrine of Fair Comment
Fair commentaries on matters of public interest
are privileged and constitute a valid defense in
an action for libel or slander. The doctrine of fair
comment means that while in general every
discreditable imputation publicly made is deemed
false, because every man is presumed innocent
until his guilt is judicially proved, and every false
imputation is deemed, malicious, nevertheless,
when the discreditable imputation is directed
against a public person in his public capacity, it is
not necessarily actionable.
In order that such discreditable imputation to a
public official may be actionable, it must either
be a false allegation of fact or a comment based
on a false supposition. If the comment is an
expression of opinion, based on established facts,
then it is immaterial that the opinion happens to
be mistaken, as long as it might reasonably be
inferred from the facts. [Borjal v. Court of
Appeals, G.R. No. 126466, [January 14, 1999)]
Malice in fact
It is the rivalry or ill-feeling existing at the date
of the publication. It is the intention to injure the
reputation of the offended party, motivated by
hate or revenge. It may proved or shown by:
1. Extrinsic evidence that the defendant
bore a grudge against the offended party
2. That there was a rivalry or ill-feeling
between them which existed at the date
of the publication of the defamatory
imputation
3. That the defendant had an intention to
injure the reputation of the offended
party as shown by the words used and the
circumstances attending the publication
of the defamatory imputation.
ARTICLE 355. LIBEL BY MEANS OF WRITINGS OR
SIMILAR MEANS.
The means by which libel may be committed:
1. Writing
2. Printing
3. Lithography
4. Engraving
5. Radio
6. Phonograph
7. Painting
8. Theatrical exhibitions
9. Cinematographic exhibitions
202
10. Any similar means - includes defamation
in a television
The means by which libel may be committed:
● The word "radio" used in said Art. 355,
should be considered in relation to the
terms with which it is associated, all of
which have a common characteristic,
namely, their permanent nature as a
means of publication. Thus, defaming
through an amplifier constitutes the
crime of oral defamation or Slander under
Art. 358. (People vs. Santiago, G.R. No.
L-17763)
● The medium of television is also under
the general provision "or any similar
means." [Movie and Television Review and
Classification Board v. ABC Development
Corp., G.R. No. 212670, (2022)]
ARTICLE 356. THREATENING TO PUBLISH LIBEL
AND OFFER TO PREVENT SUCH PUBLICATION
FOR A COMPENSATION.
Definition
Blackmail
Any unlawful extortion of money by threats of
accusation or exposure.
Punishable acts:
1. By threatening another to publish a libel
concerning him, his parents, spouse, child
or other members of his family
2. By offering to prevent the publication of
such libel for compensation or money
consideration
Felonies where blackmail possible:
1. Light threats. (Art. 283)
2. Threatening to publish, or offering to
prevent the publication of, a libel for
compensation. (Art. 356)
ARTICLE 357. PROHIBITED PUBLICATION OF
ACTS REFERRED TO IN THE COURSE OF OFFICIAL
PROCEEDINGS.
Elements
 1. That the offender is a reporter, editor or
manager of a newspaper, daily or
magazine.
2. That he publishes facts connected with
the private life of another
3. That such facts are offensive to the
honor, virtue and reputation of said
person.
This article requires two things to constitute a
violation of the prohibition:
1. That the article published contains facts
connected with the private life of an
individual; and
2. That such facts are offensive to the
honor, virtue and reputation of said
person.
ARTICLE 358. SLANDER/ORAL DEFAMATION.
Slander
Slander is libel committed by oral means. It is
defined as the speaking of base and defamatory
words which tend to prejudice another in his
reputation, office, trade, business or means of
livelihood. [Villanueva v. People, G.R. No. 160351
(2006)]
Elements of Slander
1. There must be an imputation of a crime,
or of a vice or defect, real or imaginary,
or any act, omission, condition, status, or
circumstance;
2. The imputation must be made publicly;
3. It must be malicious;
4. The imputation must be directed at a
natural or juridical person, or one who is
dead;
5. The imputation must tend to cause the
dishonor, discredit or contempt of the
person defamed. (De Leon v. People, G.R.
No. 212623, January 11, 2016)
Factors that determine the gravity of the
offense
1. Expressions used
2. Personal relations of the accused and the
offended party
3. Circumstances surrounding the case
4. Social standing and position of the victim
Note: “Putang ina mo” is a common expression.
Itexpress anger or displeasure. It is seldom, if
ever, taken in its literal sense. [Reyes vs. People,
G.R. No. L-21528 (1969)]
ARTICLE 359. SLANDER BY DEED.
Definition:
Slander by deed
A crime against honor which is committed by
performing any act which casts dishonor,
discredit, or contempt upon another person. (Art.
359, RPC)
Elements
1. That the offender performs any act not
included in any other crime against honor
2. Such act is performed in the presence of
other person or persons
3. Such act casts dishonor, discredit or
contempt upon the offended party.
Slander by deed is of two kinds:
1. Simple slander by deed
2. Grave slander by deed, that is, which is
of a serious nature
Seriousness of slander depends on:
1. Social standing of the offended party
2. Circumstances surrounding the act
3. The occasion
Unjust Slander by Acts of
Vexation deed lasciviousness

Kinds of oral defamation Irritation or Irritation or Irritation or

1. Grave Slander - defamation is of a serious annoyance; annoyance annoyance and
and insulting nature anything that and attendant any of the 3
2. Simple Slander - light insult or annoys or publicity and circumstances
defamation. irritates dishonor or provided in At.
Ex.: words uttered in the heat of anger without contempt. 335 on rape.
justification.

203
ARTICLE 360. PERSONS RESPONSIBLE.
Person responsible for libel (Art. 360)
1. Person who publishes, exhibits or causes
the publication or exhibition of any
defamation in writing or similar means
2. The editor of the book or pamphlet
3. The editor or business manager of a daily
newspaper magazine or serial publication
4. The owner of the printing plant.
Venue of criminal and civil action for damages
in cases of written defamation:
1. Where the libelous article is printed and
published
2. Where any of the offended parties
actually resides at the time of the
commission of the offense
3. Where one of the offended parties is a
public officer
a. If his office is in the CIty if
Manila, with the RTC of Manila.
Otherwise, with the RTC of the
city/province where he held
office at the time of the offense.
b. Or the city/province where the
article was 1st published.
4. Where one of the offended parties is a
private individual with the RTC of the
province/city where he actually resides
at the time of the crime or where the
article was printed or first published.
ARTICLE 361. PROOF OF THE TRUTH.
Proof of truth is admissible when (Art. 361):
1. The act or omission imputed constitutes a
crime regardless of whether the offended
party is a private individual or a public
officer
2. The offended party is a government
employee, even if the act or omission
imputed does not constitute a crime,
provided, it is related to the discharge of
his official duties.
Requisites for acquittal from a libel charge
1. It appears that the matter charged as
libelous is true.
2. It was published with good motives and
for a justifiable end. (Art. 361, RPC)
204
Three requisites of defense in defamation:
1. If it appears that the matter charged as
libelous is true .
2. It was published with good motives.
3. For justifiable ends
ARTICLE 362. LIBELOUS REMARKS.
Acts punishable
Libelous remarks or comments on privileged
matters (under Art. 354), if made with malice in
face, wil not exempt the author and editor
Persons liable
Author/editor of publication who distorts,
mutilates or discolors official proceedings
reported by him, or add comments thereon to
cast aspersion on character of parties concerned
is guilty of libel
CHAPTER 2: INCRIMINATORY MACHINATIONS
ARTICLE 363. INCRIMINATING INNOCENT
PERSON.
Definition
Incriminating innocent person
Any person who, by an act not constituting
perjury, shall directly incriminate or impute to an
innocent person the commission of a crime.
Elements:
1. That the offender performs an act;
2. That by such act he directly incriminates
or imputes to an innocent person the
commission of a crime; and
3. That such act does not constitute perjury.
[Campanano, Jr. v. Datuin, G.R. No.
172142, (2007)]
Note: Article 363 does not, however, contemplate
the idea of malicious prosecution — someone
prosecuting or instigating a criminal charge in
court. 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. [Campanano, Jr. v.
Datuin, G.R. No. 172142, (2007)]
2 kinds of incriminating an innocent person
information cannot pinpointed and
1. Making a statement which constitutes:
be determined and definitely
a. Defamation, or
the defendant determined and
b. Perjury (if made under oath and
borrows the same & defendant, adopting
is false); and
without subscribing as his own the
2. Planting Evidence
to the truth thereof, information he has
passes it to others obtained, passes the
INCRIMINATING AN PERJURY BY MAKING same to another for
INNOCENT FALSE ACCUSATION the purpose of
causing dishonor to
Performs act to Imputation falsely complainant’s
directly incriminate made before an reputation
or impute officer
commission of crime

Act of planting False statement or SPECIAL PENAL LAWS

evidence affidavit made under
oath
1. Cybercrime Prevention Act of 2012 (RA
Penalty is Arresto Penalty is Arresto 10175)
Mayor Mayor max to Prison
Correccional min
a) Libel [Sec. 4 (c)(4)]
ARTICLE 364. INTRIGUING AGAINST HONOR.
SEC. 4. Cybercrime Offenses. — The following
How committed: acts constitute the offense of cybercrime
● This felony is committed by any person punishable under this Act:
who shall make any intrigue which has for
its principal purpose to blemish the honor (c) Content-related Offenses:
or reputation of another person. It is
committed by saying to others an (4) Libel. — The unlawful or prohibited acts of
unattributable thing, that if it is said to libel as defined in Article 355 of the Revised
the person himself, slander is committed. Penal Code, as amended, committed through a
computer system or any other similar means
INTRIGUING AGAINST INCRIMINATING AN which may be devised in the future.
HONOR INNOCENT PERSON

The offender resorts The offender

to performs an act by N. QUASI-OFFENSES (Article 365)
an intrigue for the which he directly
purpose of incriminates or
blemishing the honor imputes to an ARTICLE 365. IMPRUDENCE AND NEGLIGENCE.
or reputation of innocent person the
another person. commission of a Definition:
crime. 1. Imprudence - connotes a deficiency of
action. It implies a failure in precaution
or a failure to take the necessary
INTRIGUING AGAINST SLANDER precaution once the danger or peril
HONOR becomes foreseen. (Tabao y Perez v.
People, G.R. No. 187246, July 20, 2011)
The source or author The source of 2. Negligence - indicates a deficiency of
of the derogatory information can be perception. A mere lack of prevision in a

205
 situation where either the threatened
harm is not immediate or the danger not
openly visible. (Carillo v. People, G.R. No.
86890, January 21, 1994)
3. 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. (Tabao y Perez v. People, G.R.
No. 187246, July 20, 2011)
4. Simple imprudence - 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 manifest. (Art. 365, RPC)
What is being punished?
In intentional crimes, the act itself is punished; in
negligence or imprudence, what is principally
penalized is the mental attitude or condition
behind the act, the dangerous recklessness, lack
of care or foresight, the imprudencia punible.
(Sevilla v. People, G.R. No. 194390, 2014)
Ways of committing quasi-offenses:
1. By committing through reckless
imprudence any act which, had it been
intentional, would constitute a,grave or
less grave felony or light felony;
2. By committing through simple
imprudence or negligence an act which
would otherwise constitute a grave or a
less serious felony;
3. By causing damage to the property of
another through reckless imprudence or
simple imprudence or negligence; or
4. By causing through simple imprudence or
negligence some wrong which, if done
maliciously, would have constituted a
light felony.
Elements of Reckless Imprudence
1. That the offender does or fails to do an
act
206
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. There is inexcusable lack of precaution
on the part of the offender, taking into
consideration:
a. his employment or occupation,
b. degree of intelligence, physical
condition, and
c. other circumstances regarding
persons, time and place (Ofracio
v. People, G.R. No. 221981, 2020)
Elements of Simple Imprudence or Negligence
1. That there is lack of precaution on the
part of the offender; and
2. That the damage impending to be caused
is not immediate or the danger is not
clearly manifest. (Gaid v. People, G.R.
No. 171636, (2009))
There must be injury to person/s or damage to
property as a result of the imprudence.
The standard test in determining whether a
person is negligent in doing an act whereby injury
or damage results to the person or property of
another is this: could a prudent man, in the
position of the person to whom negligence is
attributed, foresee harm to the person injured as
a reasonable consequence of the course actually
pursued? If so, the law imposes a duty on the
actor to refrain from that course or to take
precautions to guard against its mischievous
results, and the failure to do so constitutes
negligence. Reasonable foresight of harm,
followed by the ignoring of the admonition born
of this provision, is always necessary before
negligence can be held to exist. (id.)
Proper designation of the felony
Much of the confusion has arisen from the
common use of such descriptive phrase as
“homicide through reckless imprudence", and the
like; when the strict technical sense is, more
accurately, “reckless imprudence resulting in
homicide”; or “simple imprudence causing
damages to property”.
There is a need, therefore, to rectify the
designation of the offense without disturbing the
imposed penalty for the guidance of bench and
bar in strict adherence to precedent. Thus, the
proper designation of the felony should be
reckless imprudence resulting to falsification of
public documents and not falsification of public
documents through reckless imprudence. [Sevilla
v. People, G.R. No. 194390, (2014)]
OTHER SPECIAL PENAL LAWS
1. ANTI-CHILD PORNOGRAPHY ACT OF
2009 (SECS. 3[A-C], 4 AND 5, R.A. NO.
9775)
Definition of terms:
1. Child - refers to a:
a. person below eighteen (18) years
of age;
b. A person over eighteen (18) years
of age but is unable to fully take
care of himself/herself from
abuse, neglect, cruelty,
exploitation or discrimination
because of a physical or mental
disability or condition;
c. A person regardless of age who is
presented, depicted or portrayed
as a child as defined herein; or
d. A computer-generated, digitally
or manually crafted images or
graphics of a person who is
represented or who is made to
appear to be a child as defined
herein. (R.A No. 9775, Sec 3 [a])
2. Child pornography - refers to any
representation, whether visual, audio, or
written combination thereof, by
electronic, mechanical, digital, optical,
magnetic or any other means, of child
engaged or involved in real or simulated
explicit sexual activities.
3. “Explicit Sexual Activity" includes actual
or simulated. As to form, it includes:
a. sexual intercourse or lascivious
act including, but not limited to,
contact involving genital to
genital, oral to genital, anal to
genital, or oral to anal, whether
between persons of the same or
opposite sex;
207
b. Bestiality or sexual relations
between a human being and a
lower animal;
c. Masturbation;
d. Sadistic or masochistic abuse;
e. Lascivious exhibition of the
genitals, buttocks, breasts, pubic
area and/or anus; or
f. Use of any object or instrument
for lascivious acts;
Acts Punishable
1. To hire, employ, use, persuade, induce or
coerce a child to perform in the creation
or production of any form of child
pornography;
2. To produce, direct, manufacture or
create any form of child pornography;
3. To publish offer, transmit, sell, distribute,
broadcast, advertise, promote, export or
import any form of child pornography;
4. To possess any form of child pornography
with the intent to sell, distribute,
publish, or broadcast: Provided. That
possession of three (3) or more articles of
child pornography of the same form shall
be prima facie evidence of the intent to
sell, distribute, publish or broadcast;
5. To knowingly, willfully and intentionally
provide a venue for the commission of
prohibited acts as, but not limited to,
dens, private rooms, cubicles, cinemas,
houses or in establishments purporting to
be a legitimate business;
6. For film distributors, theaters and
telecommunication companies, by
themselves or in cooperation with other
entities, to distribute any form of child
pornography;
7. For a parent, legal guardian or person
having custody or control of a child to
knowingly permit the child to engage,
participate or assist in any form of child
pornography;
8. To engage in the luring or grooming of a
child;
9. To engage in pandering of any form of
child pornography;
10. To willfully access any form of child
pornography;
11. To conspire to commit any of the
prohibited acts stated in this section.
 Conspiracy to commit any form of child
pornography shall be committed when
two (2) or more persons come to an
agreement concerning the commission of
any of the said prohibited acts and decide
to commit it; and
12. To possess any form of child pornography.
(R.A No. 9775, Section 4)
What is syndicated child pornography?
● The crime of child pornography is deemed
committed by a syndicate if carried out
by a group of three (3) or more persons
conspiring or confederating with one
another and shall be punished under
Section 15(a) of this Act. (Sec. 5); (R.A
No. 9775, Sec 5)
Difference between Section 4(k) and Section 5
Section 4(k) Section 5
Conspiracy of 2 or When the crime of
more persons to child pornography is
commit any of the committed by 3 or
prohibited acts under more persons
Section 4. conspiring or
confederating with
(Mere Conspiracy) one another.
2. ANTI-HAZING ACT OF 2018 (R.A. NO.
8049, AS AMENDED BY R.A. NO. 11053)
Definition of terms:
1. Hazing — refers to any act that results in
physical or psychological suffering, harm,
or injury inflicted on a recruit, neophyte,
applicant, or member as part of an
initiation rite or practice made as a
prerequisite for admission or a any kind shall be committed by anybody
requirement for continuing membership
in a fraternity, sorority, or organization.
This shall also include any activity,
intentionally made or otherwise, by one
person alone or acting with others, that
tends to humiliate or embarrass,
degrade, abuse, or endanger, by requiring
a recruit, neophyte, applicant, or
member to do menial, silly, or foolish
tasks.
208
2. Initiation or Initiation Rites — refer to
ceremonies, practices, rituals, or other
acts, whether formal or informal, that a
person must perform or take part in order
to be accepted into a fraternity, sorority,
or organization as a full-fledged member.
It includes ceremonies, practices, rituals,
and other acts in all stages of
membership in a fraternity, sorority, or
organization.
3. Organization — refers to an organized
body of people which includes, but is not
limited to, any club, association, group,
fraternity, and sorority. This term shall
include the Armed Forces of the
Philippines (AFP), the Philippine National
Police (PNP), the Philippine Military
Academy (PMA), the Philippine National
Police Academy (PNPA), and other similar
uniformed service learning institutions.
4. Schools — refer to colleges, universities,
and all other educational institutions.
(R.A. 8049, Section 2, as amended)
Which initiation rites are allowed?
Only initiation rites or practices that do not
constitute hazing shall be allowed: Provided that:
1. A written application to conduct the
same shall be made to the punong
barangay in the barangay or municipal or
city mayor in the municipality or city
where the community-based fraternity,
sorority, or organization is based, not
later than seven (7) days prior to the
schedules initiation date;
2. The written initiation shall indicate the
place and date of the initiation rites and
the names of the recruits, neophytes, or
applicants to be initiated;
3. Such written application shall further
contain an undertaking that no harm or
during the initiation rites;
4. A medical certificate of the recruit,
neophyte, or applicant must be attached
to the application to ensure fitness to
undergo initiation when it involves
physical activity not failing under the
definition of hazing as used in this Act;
5. The initiation rites shall not last more
than three (3) days;
 6. The application shall contain the names
of the incumbent officers of the
community-based fraternity, sorority, or
organization and any person or persons
who will take charge in the conduct of
initiation rites;
7. The application shall be under oath with
a declaration that it has been posted on
the official bulletin board of the barangay
hall or the municipal or city hall where
the community-based fraternity, sorority
or organization is based, and the bulletin
board of the office of the
community-based fraternity, sorority or
organization; and
8. The application shall be posted from the
time of submission of the written notice
to the punong barangay or municipal or
city mayor and shall only be removed
from its posting three (3) days after the
conduct of the initiation rites. (R.A No.
11053, Section 10)
Prohibitions on Hazing:
1. All forms of hazing shall be prohibited in
fraternities, sororities, and organizations
in schools, including citizens' military
training and citizens' army training.
2. This prohibition shall likewise apply to all
other fraternities, sororities, and
organizations that are not school-based,
such as community-based and other
similar fraternities, sororities, and
organizations. (R.A No. 11053, Section 3)
this provision apply to any customary
athletic events or other similar contests
or competitions or any activity or conduct
that furthers a legal and legitimate
objective, subject to prior submission of
a medical clearance or certificate.
3. In no case shall hazing be made a
requirement for employment in any
business or corporation. (R.A No. 11053,
Section 3)
Acts Punishable
1. Sodomy;
2. Hiding or concealing, hampering or
obstructing the investigation of violation
of the law;
3. intimidating, threatening, forcing, or
employing, or administering any form of
vexation against another for the purpose
of recruitment in joining or promoting a
particular fraternity, sorority or
organization;
4. Failure of the school to send
representatives and hazing was
committed during the initiation rites
approved by the school; and
5. Failure to motu proprio investigate and
take an active role to ascertain the
factual events to determine the sanctions
to be imposed on the violators, or provide
assistance to police authorities. (Boado,
Notes and Cases on Special Penal Laws,
2019, pp. 352)

XPNs: Elements of Hazing

a. The physical, mental, and psychological 1. There is an initiation rite or practice as a
testing and training procedures and prerequisite for admission into
practices to determine and enhance the membership in a fraternity, sorority or
physical, mental, and psychological organization;
fitness of prospective regular members of 2. The presence of a "recruit, neophyte or
the AFP and the PNP as approved by the applicant" of a fraternity; and
Secretary of National Defense and the 3. The recruit, neophyte or applicant was
National Police Commission, duly placed in some embarrassing or
recommended by the Chief of Staff of the humiliating situations such as forcing him
AFP and the Director General of the PNP, to do menial, silly, foolish and other
shall not be considered as hazing for similar tasks or activities or otherwise
purposes of this Act. subjecting him to physical or
b. Similar procedures and practices psychological suffering or injury.
approved by the respective heads of (Bartolome y Ilagan v. People, G.R. No.
other uniformed learning institutions as 227951, June 28, 2021)
to their prospective members, nor shall

209
What is prima facie evidence of hazing?
The presence of any person, even if such person
is not a member of the fraternity, sorority or
organization, during the hazing is evidence of
participation therein as principal unless he
prevented the commission of the acts punishable
or promptly reported the same to the law
enforcement authorities if he can do so without
peril to his person or family. (R.A No. 11053, Sec.
14 )
Note: Any person charged under this Act shall not
be entitled to the mitigating circumstances that
there was no intention to commit so grave a
wrong. (Boado, Notes and Cases on Special Penal
Laws, 2019, pp. 339)
Other Persons who may be liable:
1. The owner or lessee of the place where
hazing is conducted shall be liable as
principal, when such owner or lessee has
actual knowledge of the hazing
conducted therein but
a. failed to take any action to
prevent the same from occurring;
OR
b. failed to promptly report the
same to the law enforcement
authorities if they can do so
without peril to their person or
their family.
2. The parents shall be held liable as
principals if the hazing is held in the
home of one of the officers or members
of the fraternity, sorority, or
organization, when they have actual
knowledge of the hazing conducted
therein but
a. failed to take any action to
prevent the same from occurring;
OR
b. failed to promptly report the
same to the law enforcement
authorities if they can do so
without peril to their person or
their family. (R.A No.11053, Sec.
14)
210
3. ANTI-MONEY LAUNDERING ACT OF 2001
(R.A. NO. 9160)
Definition of terms (Sec. 3, R.A. 9160, as
amended)
Money Laundering
A crime whereby the proceeds of unlawful
activities specified in the law are transacted or
attempted to be transacted to make them appear
to have originated from legitimate resources
(Boado, Notes and Cases on Special Penal Laws,
p. 851).
Unlawful activities (or predicate crimes) - the
offenses which generate dirty money (Boado,
Notes and Cases on Special Penal Laws, p. 851).
Covered Persons (Natural or Juridical)
1. All those supervised and regulated by BSP,
including banks, non-banks, quasi-banks,
trust entities, foreign exchange dealers,
pawnshops, money changers, remittance
and transfer companies, and other
similar entities and all other persons and
their subsidiaries and affiliates ;
2. All those supervised and regulated by the
Insurance Commission (IC), including
insurance companies, pre-need
companies;
3. All those supervised and regulated by the
Securities and Exchange Commission
(SEC), including
a. securities dealers, brokers,
salesmen, investment houses and
other similar persons managing
securities or rendering services as
investment agent, advisor, or
consultant,
b. mutual funds, closed-end
investment companies, common
trust funds, and other similar
persons, and
c. other entities administering or
otherwise dealing in currency,
commodities or financial
derivatives based thereon,
valuable objects, cash substitutes
and other similar monetary
instruments or property
 4. Jewelry dealers in precious metals, for
transactions in excess of P1,000,000;
5. Jewelry dealers in precious stones, who,
as a business, trade in precious stones,
for transactions in excess of P1,000,000;
6. Company service providers which, as a
business, provide any of the following
services to third parties:
a. Acting as a formation agent of
juridical persons;
b. Activating as (or arranging for
another person to act as) a
director or corporate secretary of
a company, a partner of a
partnership, or a similar position
in a relation to other juridical
persons;
c. Providing a registered office,
business address or
accommodation, correspondence
or administrative address for a
company, a partnership or any
other legal person or
arrangement; and
d. Acting as (or arranging for
another person to act as) a
nominee shareholder for another
person.
7. Persons who provide any of the following
services:
a. Managing of client money,
securities, or other assets;
b. Management of bank, savings or
securities accounts;
c. Organization of contributions for
the reaction, operation, or
management of companies; and
d. Creation, operation or
management of juridical persons
or arrangements, and buying and
selling business entities.
Notwithstanding the foregoing, the term covered
persons shall exclude lawyers and accountants
acting independent legal professionals in relation
to information concerning their clients or where
disclosure of information would compromise
client confidences or the attorney-client
relationship: Provided, that these lawyers and
accountants are authorized to practice in the
Philippines and shall continue to be subject to
the provisions of their respective codes of
211
conduct and/or professional responsibility or any
of its amendments (Sec. 1, R.A. No. 10365
amending Sec. 3(a), R.A. No 9160).
8. Casinos, including internet and ship-based
casinos, with respect to their casino cash
transactions related to the gaming
operations (Sec. 1, R.A. No. 10927
amending R.A. No 9160).
Covered Transaction - It is a transaction in cash
or other equivalent monetary instrument
involving a total amount in excess of Five
hundred thousand pesos (₱500,000.00) within one
(1) banking day; for covered persons under
Section 3(a)(8), a single casino transaction
involving an amount in excess of Five million
pesos (₱5,000,000.00) or its equivalent in any
other currency. (Sec. 2, R.A. No. 10927 amending
R.A. No 9160).
Suspicious Transaction - transactions with
covered institutions, regardless of the amount
involved, where any of the following
circumstances exist:
1. There is no underlying legal or trade
obligation, purpose or economic
justification;
2. The client is not properly identified;
3. The amount involved is not
commensurate with the business or
financial capacity of the client;
4. The client’s transaction is structured in
order to avoid being the subject of
reporting requirements under this act;
5. Taking into account all known
circumstances, it may be perceived that
the client’s transaction is structured in
order to avoid being the subject of
reporting requirements under the Act;
6. Any circumstance relating to the
transaction which is observed to deviate
from the profile of client and/or the
client’s past transactions with the
covered institutions;
7. The transaction is in any way related to
any unlawful activity or offense under
this Act that is about to be, is being or
has been committed; or
8. Any transaction that is similar or
analogous to any of the foregoing (Sec. 2,
R.A. 9194 amending R.A. No 9160).
Casino - Refers to a business authorized by the 21. Violation of Philippine Fisheries Code;
appropriate government agency to engage in 22. Violation of Philippine Mining Act;
gaming operations: 23. Violation of Wildlife Resources
1. ‘Internet-based casinos’ shall refer a Conservation and Protection Act;
casinos in which persons participate by 24. Violation of National Caves and Caves
the use of remote communication Resources Management Protection Act;
facilities such as, but not limited to, 25. Carnapping;
internet, telephone, television, radio or 26. Illegal/unlawful possession, manufacture,
any other kind of electronic or other dealing in, acquisition or disposition of
technology for facilitating firearms, ammunition or explosives
communication; and (subject to provisions of R. A. No. 10591);
2. ‘Ship-based casino’ shall refer to casinos, 27. Fencing;
the operation of which is undertaken on 28. Violation of Migrant Workers and Overseas
board a vessel, ship, boat or any other Filipino Act;
water-based craft wholly or partly 29. Violation of Intellectual Property Code;
intended for gambling; 30. Violation of Anti-Photo and Video
Voyeurism;
Casino Cash Transaction - refers to transactions 31. Child pornography;
involving the receipt of cash by a casino paid by 32. Child abuse, exploitation and
or on behalf of a customer, or transactions discrimination
involving the payout of cash by a casino to a 33. Securities fraud; and
customer or to any person in his/her behalf (Sec. 34. Felonies or offenses of a similar nature
3, R.A. No. 10927 amending R.A. No 9160). punishable under the penal laws of other
countries (Sec. 2, R.A. No. 10365
Unlawful activities under Anti-Money amending Sec. 3(i), R.A. No 9160).
Laundering Act of 2001
Any act or omission or series or combination
thereof involving or having relation to the Money Laundering offenses (Sec. 4, as
following: amended)
1. Kidnapping for ransom;
2. Drug offenses; Malicious
3. Graft and corrupt practices; 1. Money laundering is committed by any
4. Plunder; person who, knowing that any monetary
5. Robbery and extortion; instrument or property represents,
6. Jueteng and masiao; involves, or relates to the proceeds of
7. Piracy on the high seas; any unlawful activity:
8. Qualified theft; a. transacts said monetary
9. Swindling; instrument or property;
10. Smuggling; b. converts, transfers, disposes of,
11. Electronic commerce crimes; moves, acquires, possesses or
12. Hijacking , destructive arson and murder; uses said monetary instrument or
13. Terrorism and conspiracy to commit property;
terrorism; c. conceals or disguises the true
14. Financing terrorism; nature, source, location,
15. Bribery; disposition, movement or
16. Frauds and illegal exactions and ownership of or rights with
transactions; respect to said monetary
17. Malversation of public funds and instrument or property;
property; d. attempts or conspires to commit
18. Forgeries and counterfeiting; money laundering offenses
19. Human trafficking; referred to in paragraphs (a), (b)
20. Violation of Revised Forestry Code; or (c);

212
 e. aids, abets, assists in or counsels
the commission of the money
laundering offenses referred to in
paragraphs (a), (b) or (c) above;
and
f. performs or fails to perform any
act as a result of which he
facilitates the offense of money
laundering referred to in
paragraphs (a), (b) or (c) above
2. Money laundering is also committed by
any covered person who, knowing that a
covered or suspicious transaction is
required under this Act to be reported to
the Anti-Money Laundering Council
(AMLC), fails to do so (Sec. 4, R.A. No.
10365 amending Sec. 4, R.A. No 9160).
Malicious Reporting
Any person who, with malice, or in bad faith,
reports or files a completely unwarranted or false
information relative to money laundering
transaction against any person
If the offender is a juridical person, the court
may suspend or revoke its license.
If the offender is an alien, he shall, in addition to
the penalties herein prescribed, be deported
without further proceedings after serving the
penalties herein prescribed.
If the offender is a public official or employee, he
shall, in addition to the penalties prescribed (R.
A. No. 9160, Sec. 14(c), as amended by R.A. No.
9194, Sec. 9).
Prosecution (Sec. 6)
Under the AMLA, a person can be prosecuted and
punished for both the underlying unlawful activity
and the money laundering offense, and the
proceeds thereof can be confiscated or forfeited
in favor of the government.
The RTC shall have jurisdiction to try money
laundering cases committed by private
individuals, and public officers not covered by
the jurisdiction of the Sandiganbayan (Rule 5(A),
2016 Revised Implementing Rules and Regulations
of Republic of Act No. 9160, as amended,
hereinafter 2016 Revised IRR) The Sandiganbayan
shall have jurisdiction to try money laundering
cases committed by public offices under its
213
jurisdiction, and private persons who are in the
conspiracy with such public officers (Rule 5(B),
2016 IRR).
Note: Criminal record is not an element of the
crime of money laundering. In fact, it is not
necessary to be held liable for this crime that the
unlawful activity was committed by the money
launderer himself; what is important is that the
accused knows that the money are proceeds of
unlawful activity and despite such knowledge he
transacts them thereby making them appears that
the same originates from a legitimate source (III
CAMPANILLA, Special Penal Laws (2010), p. 176)
[hereinafter III CAMPANILLA, SPL).
Effect of the Bank Deposit Secrecy Laws on The
Implementation of AMLA (Sec. 9)
When reposting covered or suspicious transactions
to the Anti-Money Laundering Council, covered
institutions and their officers and employees are
not deemed to have violated the bank deposit
secrecy laws.
However, they are strictly prohibited from
discussing such transactions to any manner or by
any means. The violation of confidentiality makes
them criminally liable.
Provisional Remedies
1. Freeze Order (R. A. No. 9160, Sec. 10, as
further amended by R.A. No. 10365)
Upon a verified ex parte petition by the
AMLC and after determination that
probable cause exists that any monetary
instrument or property is in any way
related to an unlawful activity as defined
in Section 3(i) hereof, the Court of
Appeals may issue a freeze order which
shall be effective immediately, and which
shall not exceed six (6) months depending
upon the circumstances of the case:
Provided, That if there is no case filed
against a person whose account has been
frozen within the period determined by
the court, the freeze order shall be
deemed ipso facto lifted: Provided,
further, That this new rule shall not apply
to pending cases in the courts. In any
case, the court should act on the petition
to freeze within twenty-four (24) hours
 from filing of the petition. If the
application is filed a day before a non
working day, the computation of the
twenty-four (24)-hour period shall
exclude the nonworking days.
2. Bank inquiry order (R. A. No. 9160, Sec.
11, as further amended by R.A. No.
10167)
The AMLC may inquire into or examine
any particular deposit or investment,
including related accounts, with any
banking institution or non-bank financial
institution upon order of any competent
court based on an ex parte application in
cases of violations of this Act, when it has
been established that there is probable
cause that the deposits or investments,
including related accounts involved, are
related to an unlawful activity as defined
in Section 3(i) hereof or a money
laundering offense under Section 4
hereof; except that no court order shall
be required in cases involving activities
defined in Section 3(i)(1), (2), and (12)
hereof, and felonies or offenses of a
nature similar to those mentioned in
Section 3(i)(1), (2), and (12), which are
Punishable under the penal laws of other
countries, and terrorism and conspiracy
to commit terrorism as defined and
penalized under Republic Act No. 9372.
Section 11 allows AMLC to inquire into
bank accounts without having Section 11
also allows the AMLC to inquire into bank
accounts without having to obtain a
judicial order in cases where there is
probable cause that the deposits or
investments are related to kidnapping for
ransom, certain violations of the
Comprehensive Dangerous Drugs Act of
2002, hijacking and other violations under
R.A. No. 6235, destructive arson and
murder. (Subido Pagante Certeza Mendoza
and Binal Law Offices v. The Court of
Appeals, G.R. No. 216914, December 06,
2016)
214
4. ANTI-WIRE TAPPING ACT (SECS. 1 TO 4,
R.A. NO. 4200)
A. Short Title & Effectivity Date
Short Title: Anti-Wire Tapping Law
(Republic Act No. 4200)
Effectivity Date: June 19, 1965
B. Punishable Acts (Secs. 1-2)
It shall be unlawful for any person:
1. Not being authorized by all the
parties to any private
communication or spoken word,
to tap any wire or cable, or by
using any other device, or
arrangement, to secretly
overhear, intercept, or record
such communication or spoken
word by using a device commonly
known as a dictaphone,
dictagraph, walkie-talkie, or tape
recorder, or however otherwise
described (Sec. 1, Par. 1);
Note: The phrase "private
communication" includes "private
conversations". The law prohibits
recording or intercepting private
communications. Therefore,
recording of "public
communication" or
communication involving public
interest such as proceeding
before the Lupon Tagapamayapa
inside the Barangay Hall is not a
violation of the law (Ramirez v CA
G.R. No. 93833, September 28,
1995).
2. Be a participant or not in the act
or acts penalized in the next
preceding sentence, to knowingly
possess any tape record, wire
record, disc record, or any other
such record, or copies thereof, of
any communication or spoken
word secured either before or
after the effective date of this
Act in the manner prohibited by
this law; or to replay the same
for any other person or persons;
 or to communicate the contents
thereof, either verbally or in
writing, or to furnish
transcriptions thereof, whether
complete or partial, to any other
person; and
Note: The use of such record or
any copies thereof as evidence in
any civil, criminal investigation or
trial of offenses mentioned in
Sec. 3 hereof, shall not be
covered by this prohibition (Sec.
1, Par. 2).
3. Willfully or knowingly does or
who shall aid, permit, or cause to
be done any of the acts declared
to be unlawful in the preceding
section or who violates the
provisions of the following section
or of any order issued thereunder,
or aids, permits, or causes such
violation (Sec. 2).
Note: Sec. 1 of R.A. No. 4200
clearly and unequivocally makes
it illegal for any person, not
authorized by all the parties to
any private communication to
secretly record such
communication by means of a
tape recorder. The law makes no
distinction as to whether the
party sought to be penalized by
the statute ought to be a party
other than or different from
those involved in the private
communication. Consequently,
even a person privy to a
communication who records his
private conversation with another
without the knowledge of the
latter will qualify as a violator
under this provision of R.A. 4200.
(Ramirez v. Court of Appeals,
G.R. No. 93833, September 28,
1995).
C. Exceptions (Sec. 3)
Nothing in this Act shall render it
unlawful or punishable for any peace
215
officer, who is authorized by a written
order of the Court, to execute any of the
acts declared to be unlawful in cases
involving the crimes of:
1. Treason;
2. Espionage;
3. Mutiny in the high seas;
4. Provoking war and disloyalty in
case of war;
5. Piracy;
6. Kidnapping;
7. Rebellion, conspiracy and
proposal to commit rebellion,
inciting to rebellion;
8. Violations of C.A. 616, punishing
espionage and other offenses
against national security; and
9. Sedition, conspiracy to commit
sedition, inciting to sedition.
D. Written Order (Sec. 3)
The written order shall only be issued or
granted:
1. Upon written application and the
examination under oath or
affirmation of the applicant and
the witnesses he may produce;
2. That there are reasonable
grounds to believe. that any of
the crimes enumerated
hereinabove has been committed
or is being committed or is about
to be committed;
Note: In cases involving the
offenses of rebellion, conspiracy
and proposal to commit rebellion,
inciting to rebellion, sedition,
conspiracy to commit sedition,
and inciting to sedition, such
authority shall be granted only
upon prior proof that a rebellion
or acts of sedition, as the case
may be, have actually been or
are being committed.
3. That there are reasonable
grounds to believe that evidence
will be obtained essential to the
conviction of any person for, or to
the solution of, or to the
 prevention of, any of such
crimes; and
4. That there are no other means
readily available for obtaining
such evidence (Sec. 3, Par. 1).
The written order of the Court shall
specify:
1. The identity of the person or
persons whose communications,
conversations, discussions, or
spoken words are to be
overheard, intercepted, or
recorded and, in the case of
telegraphic or telephonic
communications, the telegraph
line or the telephone number
involved and its location;
2. The identity of the peace officer
authorized to overhear, intercept,
or record the communications,
conversations, discussions, or
spoken words;
3. The offense or offenses
committed or sought to be
prevented; and
4. The period of the authorization
(Sec. 3, Par. 2).
Note: The authorization shall be
effective for the period specified
in the order which shall not
exceed 60 days from the date of
issuance of the order, unless
extended or renewed by the
court upon being satisfied that
such extension or renewal is in
the public interest.
E. Deposit of authorized recordings (Sec.
3)
All recordings made under court
authorization shall, within 48 hours after
the expiration of the period fixed in the
order, be deposited with the court in a
sealed envelope or sealed package, and
shall be accompanied by an affidavit of
the peace officer granted such authority
stating the number of recordings made,
the dates and times covered by each
recording, the number of tapes, discs, or
records included in the deposit, and
certifying that no duplicates or copies of
216
the whole or any part thereof have been
made, or if made, that all such duplicates
or copies are included in the envelope or
package with the court. The envelope or
package so deposited shall not be granted
except upon motion, with due notice and
opportunity to be heard to the persons
whose conversation communications have
been recorded (Sec. 3, Par. 3).
Note: An extension telephone cannot be placed
in the same category as a dictaphone, dictograph
or the other devices enumerated in Section 1 of
RA No. 4200 as the use thereof cannot be
considered as "tapping" the wire or cable of a
telephone line. Hence, the phrase "device or
arrangement" in Section 1 of RA No. 4200,
although not exclusive to that enumerated
therein, should be construed to comprehend
instruments of the same or similar nature, that is,
instruments the use of which would be
tantamount to tapping the main line of a
telephone. It refers to instruments whose
installation or presence cannot be presumed by
the party or parties being overheard because, by
their very nature, they are not of common usage
and their purpose is precisely for tapping,
intercepting or recording a telephone
conversation. [Gaanan v. Intermediate Appellate
Court, G.R. No. L-69809, 1986]
F. Inadmissibility (Sec. 4)
Any communication or spoken word, or
the existence, contents, substance,
purport, effect, or meaning of the same
or any part thereof, or any information
therein contained, obtained or secured
by. any person in violation· of this Act
shall not be admissible in evidence in any
judicial, quasi-judicial, legislative or
administrative hearing or investigation.
5. BOUNCING CHECKS LAW (B.P. BLG. 22)
Punishable acts
1. Making or drawing and issuing a check
knowing at the time of issue that he does
not have sufficient funds (Sec. 1 Par. 1)
 Elements:
a. That a person makes or draws and
issues any check.
b. That the check is made or drawn
and issued to apply on account or
for value.
c. That the person knows that at the
time of issue he does not have
sufficient funds in or credit with
the drawee bank for the payment
of such check upon its
presentment, and
d. That the check is subsequently
dishonored by the drawee bank
for insufficiency of funds or
credit or would have been
dishonored for the same reason
had not the drawer, without any
valid reason, ordered the bank to
stop payment.
2. Failing to keep sufficient funds or to
maintain credit to cover the full amount
of the check when presented to the
drawee bank within 90 days. (Sec. 1 Par.
2)
Elements:
1. That a person has sufficient funds
with the drawee bank when he
makes or draws and issues a
check;
2. That he fails to keep sufficient
funds or to maintain a credit to
cover the full amount if
presented within a period of 90
days from the date appearing
thereon.
3. That the check is dishonored by
the drawee bank
4. After receiving such written
notice and demand, refuses or
fails to pay the value of the check
within five banking days.
The 5, 90, and 180 day periods
● 5 banking days - the maker or issuer
must make arrangements to make good
the check to escape criminal liability for
issuing a rubber check;
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● 90 days - he must maintain sufficient
funds within this period to destroy the
prima facie presumption of knowledge of
insufficiency of funds to back up the
check;
● 180 days - payee must deposit or encash
the check otherwise the check becomes
stale or valueless, hence no criminal
action can arise therefrom. Only civil
liability remains. (Wong v CA GR No.
117857 February 2, 2001)
6. NEW ANTI-CARNAPPING ACT OF 2016
(SECS. 3 TO 4, R.A. NO. 10883)
Definition
Carnapping
The taking, with intent to gain, of a motor
vehicle belonging to another without the latter’s
consent, or by means of violence against or
intimidation of persons, or by using force upon
things. (R.A. 10883, Section 3)
Elements:
1. That there is an actual taking of the
vehicle.
2. That the offender intends to gain from
the taking of the vehicle.
3. That the vehicle belongs to a person
other than the offender himself.
4. That the taking is without the consent of
the owner thereof; or that the taking was
committed by means of violence against
or intimidation of persons, or by using
force upon things (People v. Garcia, G.R.
No. 138470, April 1, 2003)
Acts Punishable and their Penalties under
Section 3
1. Carnapping is committed without
violence against or intimidation of
persons, or force upon things —
Imprisonment for not less than twenty
(20) years and one (1) day but not more
than thirty (30) years;
2. Carnapping is committed by means of
violence against or intimidation of
persons, or force upon things —
Imprisonment for not less than thirty (30)
years and one (1) day but not more than
forty (40) years; and
 3. When the owner, driver, or occupant of
the carnapped motor vehicle is killed or
raped in the commission of the
carnapping — penalty of life
imprisonment. (Id.)
Denial of Bail
1. When the crime of carnapping is
committed by criminal groups, gangs or
syndicates or by means of violence or
intimidation of any person or persons or
force upon things; or
2. When the owner, driver, passenger or
occupant of the carnapped vehicle is
killed or raped in the course of the
carnapping.
Any person charged with carnapping or
when any of the aforementioned
conditions is present, the subject accused
shall be denied bail when the evidence of
guilt is strong. (Id.)
7. SWINDLING BY SYNDICATE (P.D. NO.
1689)
Aggravating Circumstance
Any person or persons who shall commit estafa or
other forms of swindling as defined in Article 315
and 316 of the Revised Penal Code, as amended,
shall be punished by life imprisonment to death if
the swindling (estafa) is committed by a
syndicate consisting of five or more persons
formed with the intention of carrying out the
unlawful or illegal act, transaction, enterprise or
scheme, and the defraudation results in the
misappropriation of money contributed by
stockholders, or members of rural banks,
cooperative, "samahang nayon(s)", or farmers
association, or of funds solicited by
corporations/associations from the general
public. (Sec. 1, P.D. No. 1689)

Act Punishable and its Penalty under Section 4

Conceals Carnapping — imprisonment of six (6)
years up to twelve (12) years and a fine equal to
the amount of the acquisition cost of the motor
vehicle, motor vehicle engine, or any other part
involved in the violation. (R.A. 10883, Section 4)

Offender is a Juridical Person

The penalty herein provided shall be imposed on
its president, secretary, and/or members of the
board of directors or any of its officers and
employees who may have directly participated in
the violation. (Id.)

Additional Penalties of Public Official or

Employee
1. Directly commits the unlawful acts
defined in this Act; or
2. Guilty of gross negligence of duty; or
3. Connives with or permits the commission
of any of the said unlawful acts.
● Shall be (a) dismissed from the service,
and his/her benefits forfeited and shall
be (b) permanently disqualified from
holding public office. (Id.)

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