CRIMINAL LAW 2- NOTES

Alfreda C. Abis, MPA

Title 1. Crimes against national security and the law of the nations (Art. 114-123)
Title 2. Crimes against the fundamental laws of the state (Art. 124-133)
Title 3. Crimes against public officer (Art. 134-160)
Title 4. Crimes against public interest (Art. 161-189)
Title 5. Crimes relative to opium and other prohibited drugs (Art. 190-193)
Title 6. Crimes against public morals (Art. 195-202)
Title 7. Crimes committed by public officers (Art. 203-254)
Title 8. Crimes against persons (Art. 246-266D)
Title 9. Crimes against personal liberty and security (Art. 267-292)
Title 10. Crimes against property (Art. 293-332)
Title 11. Crimes against chastity (Art. 333-346)
Title 12. Crimes against the civil status of persons (Art. 347-352)
Title 13. Crimes against honor (Art. 253-364)
Title 14. Quasi offenses (Art. 365)
Title 15. Final Provisions (Art. 366-367)

Title 1: Crimes against national security and the law of the nations
Chapter 1. Crimes Against National Security

Title 2: Crimes against the fundamental laws of the state

Chapter 1. Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition, Interruption, and
Dissolution of Peaceful Meetings and Crimes Against Religious Worship

Title 3: Crimes against public officer

Chapter 1. Rebellion, Coup d’etat, Sedition, and Disloyalty
Chapter 2. Crimes Against Popular Representation
Chapter 3. Illegal Assemblies and Associations
Chapter 4. Assault Upon, and Resistance and Disobedience to, Persons in Authority and Their
Agents
Chapter 5. Public Disorders
Chapter 6. Evasion of Service of Sentence
Chapter 7. Commission of Another Crime During Service of Penalty Imposed for Another Previous
Offense

Title 4: Crimes against public interest

Chapter 1. Forgeries
Chapter 2. Other Falsities
Chapter 3. Frauds

Title 5: Crimes relative to opium and other prohibited drugs

Title 6: Crimes against public morals

Chapter 1. Gambling and Betting
Chapter 2. Offenses Against Decency and Good Customs

Title 7: Crimes committed by public officers

Chapter 1. Preliminary Provisions
Chapter 2. Malfeasance and Misfeasance in Office
Chapter 3. Frauds and Illegal Exactions and Transactions
Chapter 4. Malversation of Public Funds or Property
Chapter 5. Infidelity of Public Officers
Chapter 6. Other Offenses or Irregularities by Public Officers

Title 8: Crimes against persons

Chapter 1. Destruction of Life
Chapter 2. Physical Injuries

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Chapter 3. Rape

Title 9: Crimes against personal liberty and security

Chapter 1. Crimes Against Liberty
Chapter 2. Crimes Against Security
Chapter 3. Discovery and Revelation of Secrets

Title 10: Crimes against property

Chapter 1. Robbery in General
Chapter 2. Brigandage
Chapter 3. Theft
Chapter 4. Usurpation
Chapter 5. Culpable Insolvency
Chapter 6. Swindling and Other Deceits
Chapter 7. Chattel Mortgage
Chapter 8. Arson and Other Crimes Involving Destruction
Chapter 9. Malicious Mischief
Chapter 10. Exemption from Criminal Liability in Crimes Against Property

Title 11: Crimes against chastity

Chapter 1. Adultery and Concubinage
Chapter 2. Rape and Act of Lasciviousness
Chapter 3. Seduction, Corruption of Minors, and White Slave Trade
Chapter 4. Abduction
Chapter 5. Provisions Relative to the Preceding Chapters of Title Eleven

Title 12: Crimes against the civil status of persons

Chapter 1. Simulation of Births and Usurpation of Civil Status
Chapter 2. Illegal Marriages

Title 13: Crimes against honor

Chapter 1. Libel
Chapter 2. Incriminatory Machinations

Title 14: Quasi offenses

Chapter 1. Criminal Negligence

Title 15: Final Provisions

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Title 1: Crimes against national security and the law of the nations
Chapter 2. Crimes Against National Security
Section 1. Treason and Espionage
Article 114. Treason
Article 115. Conspiracy and proposal to commit treason
Article 116. Misprision of treason
Article 117. Espionage

Section 2. Provoking War and Disloyalty in Case of War

Article 118. Inciting to war or giving motives for reprisals
Article 119. Violation of neutrality
Article 120. Correspondence with hostile country
Article 121. Flight to enemy’s country

Section 3. Piracy and Mutiny on the high seas or in the Philippine water
Article 122. Piracy in general and mutiny on the high seas or in
Philippine waters
Article 123. Qualified piracy

Title 2: Crimes against the fundamental laws of the state

Chapter 2. Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition, Interruption, and
Dissolution of Peaceful Meetings and Crimes Against Religious Worship
Section 1. Arbitrary Detention and Expulsion
Article 124. Arbitrary detention
Article 125. Delay in the delivery of detained persons to the proper
judicial authorities
Article 126. Delaying release
Article 127. Expulsion

Section 2. Violation of Domicile

Article 128. Violation of domicile
Article 129. Search warrants maliciously obtained, and abuse in the
service of those legally obtained
Article 130. Searching domicile without witness

Section 3. Prohibition, Interruption, and Dissolution of Peaceful Meetings

Article 131. Prohibition, interruption, and dissolution of peaceful
meetings

Section 4. Crimes against Religious Worship

Article 132. Interruption of religious worship
Article 133. Offending the religious feelings

Title 3: Crimes against public officer

Chapter 8. Rebellion, Coup d’etat, Sedition, and Disloyalty
Article 134. Rebellion or insurrection – how committed
Article 134-A. Coup d’etat – how committed
Article 135. Penalty for rebellion, insurrection or coup d’etat
Article 136. Conspiracy and proposal to commit coup d’etat,
rebellion or insurrection
Article 137. Disloyalty of public officers or employees
Article 138. Inciting to rebellion or insurrection
Article 139. Sedition – how committed
Article 140. Penalty for sedition
Article 141. Conspiracy to commit sedition
Article 142. Inciting to sedition

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Chapter 9. Crimes Against Popular Representation

Section 1. Crimes against legislative bodies and similar bodies
Article 143. Acts tending to prevent the meeting of the assembly
and similar bodies
Article 144. Disturbance of proceedings

Section 2. Violation of parliamentary immunity

Article 145. Violation of parliamentary immunity

Chapter 10. Illegal Assemblies and Associations

Article 146. Illegal assemblies
Article 147. Illegal associations

Chapter 11. Assault Upon, and Resistance and Disobedience to, Persons in Authority and Their
Agents
Article 148. Direct assaults
Article 149. Indirect assaults
Article 150. Disobedience to summons issued by the Congress, its
Committees or subcommittees, by the Constitutional
Commissions, its committees, subcommittees, or
divisions
Article 151. Resistance and disobedience to a person in authority or
the agents of such persons
Article 152. Persons in authority and agents of persons in authority
– who shall be deemed as such

Chapter 12. Public Disorders

Article 153. Tumults and other disturbance of public order –
tumultuous disturbance or interruption liable to cause
disturbance
Article 154. Unlawful use of means of publication and unlawful
utterance
Article 155. Alarms and scandals
Article 156. Delivering prisoners from jail

Chapter 13. Evasion of Service of Sentence

Article 157. Evasion of service of sentence
Article 158. Evasion of service of sentence on the occasion of
disorders, conflagrations, earthquakes, or other
calamities
Article 159. Other cases of evasion of service of sentence

Chapter 14. Commission of Another Crime During Service of Penalty Imposed for Another Previous
Offense
Article 160. Commission of another crime during service of penalty
imposed for another previous offense – penalty

Title 4: Crimes against public interest

Chapter 4. Forgeries
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
Philippine Islands, forging the signature or stamp of the
Chief Executive

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Article 162. Using forged signature or counterfeit seal or stamp

Section 2. Counterfeiting coins

Article 163. Making ang importing and uttering false coins
Article 164. Mutilation of coins – importation and utterance of
mutilated coins
Article 165. Selling of false or mutilated coin, without connivance

Section 3. Forging treasury of bank notes, obligations and securities; importing and
uttering false or forged notes, obligations and securities
Article 166. Forging treasury or bank notes or other documents
payable to bearer; importing, and uttering such false or
forged notes and documents
Article 167. Counterfeiting, importing, and uttering instruments not
payable to bearer
Article 168. Illegal possession and use of false treasury or bank
notes and other instruments of credit
Article 169. How forgery is committed

Section 4. Falsification of legislative, public, commercial, and private documents,

and wireless, telegraph, and telephone messages
Article 170. Falsification of legislative documents
Article 171. Falsification by public officer, employee or notary or
ecclesiastical minister
Article 172. Falsification by private individuals and use of falsified
documents
Article 173. Falsification of wireless, cable, telegraph, and
telephone messages, and use of said falsified messages

Section 5. Falsification of medical certificates, certificates of merit or service, and

the like
Article 174. False medical certificates, false certificates of merit or
services, etc.
Article 175. Using false certificates

Section 6. Manufacturing, importing, and possession of instruments or implements

intended for the commission of falsification
Article 176. Manufacturing and possession of instruments or
implements for falsification

Chapter 5. Other Falsities

Section 1. Usurpation of authority, rank, title and improper use of names, uniforms,
and insignia
Article 177. Usurpation of authority or official functions
Article 178. Using fictitious name and concealing true name
Article 179. Illegal use of uniforms or insignia

Section 2. False testimony

Article 180. False testimony against a defendant
Article 181. False testimony favorable to the defendant
Article 182. False testimony in civil cases
Article 183. False testimony in other cases and perjury in solemn
affirmation
Article 184. Offering false testimony in evidence

Chapter 6. Frauds

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Section 1. Machinations, monopolies, and combinations

Article 185. Machinations in public auctions
Article 186. Monopolies and combinations in restraint of trade

Section 2. Frauds in commerce and industry

Article 187. Importation and disposition of falsely marked articles
or merchandise made of gold, silver or other precious
metals or their alloys
Article 188. Substituting and altering trademarks, tradenames, or
service marks
Article 189. Unfair competition, fraudulent registration of
tradename, trademarks, or service mark, fraudulent
designation of origin, and false description

Title 5: Crimes relative to opium and other prohibited drugs

Article 190-193. Repealed by RA 6425 also known as the “Dangerous
Drug Act of 1972 (Sec. 42), as amended by PD 1683 and further amended
by RA 7659

Title 6: Crimes against public morals

Chapter 3. Gambling and Betting
Article 195. What acts are punishable in gambling
Article 196. Importation, sale, and possession of lottery tickets or
advertisements
Article 197. Betting in sports contents
Article 198. Illegal betting on horse races
Article 199. Illegal cockfighting

Chapter 4. Offenses Against Decency and Good Customs

Article 200. Grave scandal
Article 201. Immoral doctrines, obscene publications and
exhibitions, and indecent shows
Article 202. Prostitutes, penalty

Title 7: Crimes committed by public officers

Chapter 7. Preliminary Provisions
Article 203. Who are public officers

Chapter 8. Malfeasance and Misfeasance in Office

Section 1. Dereliction of duty
Article 204. Knowingly rendering unjust judgement
Article 205. Judgement rendered through negligence
Article 206. Unjust interlocutory order
Article 207. Malicious delay in the administration of justice
Article 208. Prosecution of offenses; negligence and tolerance
Article 209. Betrayal of trust by an attorney or solicitor – revelation
of secrets

Section 2. Bribery
Article 210. Direct bribery
Article 211. Indirect bribery
Article 211-A. Qualified bribery
Article 212. Corruption of public officials

Chapter 9. Frauds and Illegal Exactions and Transactions

Article 213. Frauds against public treasury and similar offenses

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Article 214. Other frauds

Article 215. Prohibited transactions
Article 216. Possession of prohibited interest by public officer

Chapter 10. Malversation of Public Funds or Property

Article 217. Malversation of public funds or property – presumption
of malversation
Article 218. Failure of accountable officer to render accounts
Article 219. Failure of a responsible public officer to render
accounts before leaving the country
Article 220. Illegal use of public funds or property
Article 221. Failure to make delivery of public funds or property
Article 222. Officers included in the preceding provisions

Chapter 11. Infidelity of Public Officers

Section 1. Infidelity in the custody of prisoners
Article 223. Conniving with or consenting to evasion
Article 224. Evasion through negligence
Article 225. Escape of prisoner under the custody of a person not a
public officer

Section 2. Infidelity in the custody of documents

Article 226. Removal, concealment, or destruction of documents
Article 227. Officer breaking seal
Article 228. Opening of closed documents

Section 3. Revelation of secrets

Article 229. Revelation of secrets by an officer
Article 230. Public officer revealing secrets of private individual

Chapter 12. Other Offenses or Irregularities by Public Officers

Section 1. Disobedience, refusal of assistance, and maltreatment of prisoners
Article 231. Open disobedience
Article 232. Disobedience to order of superior officer, when said
order was suspended by inferior officer
Article 233. Refusal of assistance
Article 234. Refusal to discharge elective office
Article 235. Maltreatment of prisoners

Section 2. Anticipation, prolongation, and abandonment of the duties and powers of

public office
Article 236. Anticipation of duties of a public office
Article 237. Prolonging performance of duties and powers
Article 238. Abandonment of office or position

Section 3. Usurpation of powers and unlawful appointments

Article 239. Usurpation of legislative powers
Article 240. Usurpation of executive functions
Article 241. Usurpation of judicial functions
Article 242. Disobeying request for disqualification
Article 243. Orders or requests by executive officers to any judicial
authority
Article 244. Unlawful appointments

Section 4. Abuses against chastity

Article 245. Abuses against chastity - penalties

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Title 8: Crimes against persons

Chapter 4. Destruction of Life
Section 1. Parricide, murder, homicide
Article 246. Parricide
Article 247. Death or physical injuries inflicted under exceptional
circumstances
Article 248. Murder
Article 249. Homicide
Article 250. Penalty for frustrated parricide, murder, of homicide
Article 251. Death caused in a tumultuous affray
Article 252. Physical injuries inflicted in a tumultuous affray
Article 253. Giving assistance to suicide
Article 254. Discharge of firearms

Section 2. Infanticide and abortion

Article 255. Infanticide
Article 256. Intentional abortion
Article 267. Unintentional abortion
Article 268. Abortion practiced by the woman herself or by her
parents
Article 259. Abortion practiced by a physician or midwife and
dispensing of abortives

Section 3. Duel
Article 260. Responsibility of participants in a duel
Article 261. Challenging to a duel

Chapter 5. Physical Injuries

Article 262. Mutilation
Article 263. Serious physical injuries
Article 264. Administering injurious substances or beverages
Article 265. Less serious physical injuries
Article 266. Slight physical injuries and maltreatment

Chapter 6. Rape
Article 266-A. Rape, when and how committed
Article 266-B. penalties
Article 266-C. Effect of pardon
Article 266-D. presumptions

Title 9: Crimes against personal liberty and security

Chapter 4. Crimes Against Liberty
Section 1. Illegal detention
Article 267. Kidnapping and serious illegal detention
Article 268. Slight illegal detention
Article 269. Unlawful arrest

Section 2. Kidnapping of minors

Article 270. Kidnapping and failure to return a minor
Article 271. Inducing a minor to abandon his home

Section 3. Slavery and servitude

Article 272. Slavery
Article 273. Exploitation of child labor
Article 274. Services rendered under compulsion in payment of debt

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Chapter 5. Crimes Against Security

Section 1. Abandonment of helpless persons and exploitation of minors
Article 275. Abandonment of persons in danger and abandonment
of one’s own victim
Article 276. Abandoning a minor
Article 277. Abandonment of minor by person entrusted with his
custody; indifference of parents
Article 278. Exploitation of minors
Article 279. Additional penalties for other offenses

Section 2. Trespass of dwelling

Article 280. Qualified trespass to dwelling
Article 281. Other forms of trespass

Section 3. Threats and coercion

Article 282. Grave threats
Article 283. Light threats
Article 284. Bond for good behavior
Article 285. Other light threats
Article 286. Grave coercions
Article 287. Light coercions
Article 288. Other similar coercions – (compulsory purchase of
merchandise and payment of wages by means of
tokens)
Article 289. Formation, maintenance, and prohibition of
combination of capital or labor through violence or
threats

Chapter 6. Discovery and Revelation of Secrets

Article 290. Discovering secrets through seizure of correspondence
Article 291. Revealing of secrets with abuse of office
Article 292. Revelation of industrial secrets

Title 10: Crimes against property

Chapter 11. Robbery in General
Article 293. Who are guilty of robbery

Section 1. Robbery with violence against or intimidation of persons

Article 294. Robbery with violence against or intimidation of
persons – penalties
Article 295. Robbery with physical injuries, committed in an
uninhabited place and by a band, or with the use of
firearm on a street, road or alley
Article 296. Definition of a band and penalty incurred by the
numbers thereof
Article 297. Attempted and frustrated robbery committed under
certain circumstances
Article 298. Execution of deeds by means or violence or
intimidation

Section 2. Robbery by the use of force upon things

Article 299. Robbery in an inhabited house or public building or
edifice devoted to worship
Article 300. Robbery in an uninhabited and by a band
Article 301. What is an inhabited house, public building, or building

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dedicated to religious worship and their dependencies

Article 302. Robbery in an uninhabited place or in a private
building
Article 303. Robbery of cereals, fruit, or firewood in an uninhabited
place or private building
Article 304. Possession of picklock or similar tools
Article 305. False keys

Chapter 12. Brigandage

Article 306. Who are brigands – penalty
Article 307. Aiding and abetting a band of brigands

Chapter 13. Theft

Article 308. Who are liable for theft
Article 309. Penalties
Article 310. Qualified theft
Article 311. Theft of a property of the national library and national
museum

Chapter 14. Usurpation

Article 312. Occupation of real property or usurpation of real rights
in property
Article 313. Altering boundaries or landmarks

Chapter 15. Culpable Insolvency

Article 314. Fraudulent insolvency

Chapter 16. Swindling and Other Deceits

Article 315. Swindling (estafa)
Article 316. Other forms of swindling
Article 317. Swindling a minor
Article 318. Other deceits

Chapter 17. Chattel Mortgage

Article 319. Removal, sale or pledge of mortgaged property

Chapter 18. Arson and Other Crimes Involving Destruction

Article 320. Destructive arson
Article 321. Other forms of arson
Article 322. Cases of arson not included in the preceding articles
Article 323. Arson of property of small value
Article 324. Crimes involving destruction
Article 325. Burning one’s own property as means to commit
arson
Article 326. Setting fire to property exclusively owned by the
offender
Article 326-A. In cases where death resulted as a consequence of
arson
Article 326-B. Prima facie evidence of arson

Chapter 19. Malicious Mischief

Article 327. Who are liable for malicious mischief
Article 328. Special cases of malicious mischief
Article 329. Other mischief
Article 330. Damage and obstruction to means of communication
Article 331. Destroying or damaging statues, public monuments, or

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paintings

Chapter 20. Exemption from Criminal Liability in Crimes Against Property

Article 332. Persons exempt from criminal liability

Title 11: Crimes against chastity

Chapter 6. Adultery and Concubinage
Article 333. Who are guilty of adultery
Article 334. Concubinage

Chapter 7. Rape and Act of Lasciviousness

Article 335. When and how rape is committed
Article 336. Acts of lasciviousness

Chapter 8. Seduction, Corruption of Minors, and White Slave Trade

Article 337. Qualified seduction
Article 338. Simple seduction
Article 339. Acts of lasciviousness with the consent of the offended
party
Article 340. Corruption of minors
Article 341. White slave trade

Chapter 9. Abduction
Article 342. Forcible abduction
Article 343. Consented abduction

Chapter 10. Provisions Relative to the Preceding Chapters of Title Eleven

Article 344. Prosecution of the crimes of adultery, concubinage,
seduction, abduction, rape and acts of lasciviousness
Article 345. Civil liability of persons guilty of crimes against
chastity
Article 346. Liability of ascendants, guardians, teachers, or other
persons entrusted with the custody of the offended
party

Title 12: Crimes against the civil status of persons

Chapter 3. Simulation of Births and Usurpation of Civil Status
Article 347. Simulation of births, substitution of one child for
another, and concealment or abandonment of a
legitimate child
Article 348. Usurpation of civil status

Chapter 4. Illegal Marriages

Article 349. Bigamy
Article 350. Marriage contracted against provisions of laws
Article 351. Premature marriages
Article 352. Performance of illegal marriage ceremony

Title 13: Crimes against honor

Chapter 3. Libel
Section 1. Definition, forms, and punishment of the crime
Article 353. Definition of libel
Article 354. Requirement for publicity
Article 355. Libel by means of writings or similar means
Article 356. Threatening to publish and offer to prevent such
publication for a compensation

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Article 357. Prohibited publication of acts referred to in the course

of official proceedings
Article 358. Slander
Article 359. Slander by deed

Section 2. General provisions

Article 360. Persons responsible
Article 361. Proof of the truth
Article 362. Libelous remarks

Chapter 4. Incriminatory Machinations

Article 363. Incriminating innocent person
Article 364. Intriguing against honor

Title 14: Quasi offenses

Chapter 2. Criminal Negligence
Article 365. Imprudence and negligence

Title 15: Final Provisions

Article 366. Application of laws enacted prior to this Code
Article 367. Repealing clause

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