Criminal Law Book 2 1

San Beda College of Law
2011 CENTRALIZED BAR OPERATIONS
the Philippines;
TITLE ONE: (a Filipino citizen
CRIMES or an alien
AGAINST residing in the
NATIONA Philippines.)
L • Place of
SECURIT commission:
Y AND  Filipino
THE LAW Citizen:
OF anywher
NATIONS e (Art.2,
RPC)
Section One:  Alien:
Treason and only in
Espionage the
Philippin
es (EO
ARTICLE
44)
114
except in
TREASON
case of
conspira
Treason – a breach
cy
of allegiance to a
An alien
government,
owes
committed by a
permane
person who owes
nt
allegiance to it.
allegianc
e to his
Allegiance – the own
obligation of fidelity country,
and obedience which at the
the individual owes to same
the government time, a
under which he lives temporar
or to his sovereign, in y
return for the allegianc
protection he e to the
receives. Hence an country
alien residing in the where he
Philippines may be resides.
prosecuted for acts of
2. That there is a
treason due to the
war in which the
temporary allegiance
Philippines is
he owes to the
involved;
Philippine
• Treason is a
government.
war crime. It
remains
Elements of dormant until
treason: the
1. That the offender emergency
owes allegiance arises.
to the • But as soon
Government of as war starts,
CRIMINAL LAW BOOK
TWO
it is put into particular
effect (Laurel statute or to
vs. Misa, 77 repel a
Phil 865 particular
[1946]) officer. It is
not
3. That the offender necessary
either (modes of that those
committing): attempting to
a. Levies war overthrow the
against the government
government; by force of
or arms should
EXECUTIVE have the
COMMITTEE: apparent
b. Adheres to power to
the enemies, succeed in
giving them their design,
aid or in whole or in
comfort. part.
Ways of being Treason by Levying

committed: Rebellion
War
1. Levying war
The purpose of levying Such purpose is not
• It means that war is to help the necessary. (e.g. civil
(a) there is enemy. uprising)
an actual
assembling
of men (b) for Treason Sedition
the purpose
of executing Philippines must be at
a treasonable war with another Internal conflict
design by country
force.
Violation of Causing disturbances
• It is not oath of in one’s country
necessary allegiance
that there be
a formal
Adherence to the
declaration of
enemies, giving
the existence
them aid and
of a state of
comfort
war. Actual
• Requires
hostilities
BOTH
may
determine the
date of the
commencem
ent of war
(U.S. vs
Lagnason, 3
Phil 495)
• The levying
of war must
be with intent
to overthrow
the
government
not merely to
resist a
76
1. adherence to materially tends
the enemies, and to improve the
2. giving of aid or conduct of war of
comfort to them the enemy.
EZEKIEL JOSHUA VILLENA overall chairperson, MINISTER MOISES DU chairperson for academics, DJOANIVIE JOMARE
JUNASA chairperson for hotel operations, MARIE MICAELA STA. ANA vice-chairperson for operations, MIKHAIL MAVERICK
TUMACDER vice-chairperson for secretariat, JACKIE LOU LAMUG vice-chairperson for finance, DIANA JEAN TUAZON
vicechairperson for edp, JASSEN RALPH LEE vice-chairperson for logistics
SUBJECT COMMITTEE:
JO ANN MARIE O. CASIO subject chair, VENICE BUAGÑIN assistant subject chair, STEVEN MICHAEL D. GALA edp,
MARIONNE ROSABELL LACUNA book one, MARIS DONNA KWOK book two, MA. KATRINA RIVERA special penal laws
MEMBERS:
Karell Marie G. Lascano, Katrina Jorelle P. Villena, Clare Marie F. Ortega, Hera Aiza Marie A. Barona, Nicole Alora G. Julian ,
Rozzalle Gonzales, Sheena Antlan, Diana Jean De Castro, Beatrice Valerie S. Guillermo, Raynan Larosa, Kamille Deanne
Lagasca, Jose Angelo David
Note: Mere
adherence “Adherence to
without its enemy”
physical It means that there is
manifestation an intent to betray.
through the The accused
giving of aid or intellectually or
comfort is not emotionally favors
sufficient to the enemy and
constitute harbors sympathies
treason. Both or convictions
adherence and disloyal to his
the giving of aid country’s policy or
or comfort to the interest.
enemy must
concur. “Rendering aid or
comfort” It means
• The term an act which
“enemy” applies strengthens or tends
only to the to strengthen the
subjects of a enemy in the conduct
foreign power in of war against the
a state of hostility traitor’s country or
with the traitor’s any act which
country. It does weakens or tends to
not embrace weaken the power of
rebels in the traitor’s country to
insurrection resist or to attack the
against their own enemy.
country, for in
that case the • Extent of aid or
crime would be comfort - it must
rebellion. be a deed or
• The act physical activity
committed need and not merely a
not actually mental operation
strengthen the • Giving
enemy or be information to
successful. (People vs. Paar,
However, the act 86 Phil. 864), or
must be such commandeering
that it directly and foodstuffs
77
CRIMINAL LAW BOOK
TWO
(People vs. testimony on
Mangahas, 93 the overt
Phil 113) for the act. It is not
enemy is necessary
evidence of both that there be
adherence and corroboration
aid or comfort. between
• Being a Makapili them.
constitutes an
overt act of 2. Confession of
psychological guilt by the
comfort. It was accused in open
no different from court.
that of enlisting in
the invader's • Treason absorbs
army (People vs. crimes committed
Adriano, 78 Phil in furtherance
563 thereof. Treason
cannot be
Adherence may be complexed with
proved: other crimes.
1. By one witness; • Treason is a
2. From the nature CONTINUOUS
of the act itself; OFFENSE.
or All overt acts of
3. From the treason that the
circumstances accused has
surrounding the committed
act. constitute a
single offense.
Ways of proving • Defenses:
Treason (overt act):  Allowed:
1. Testimony of two Duress and
witnesses, at fear of
least, to the immediate
same overt act death;
(two-witness Obedience to
rule); or a de facto
• The government
testimonies (Mere
must refer to acceptance
the same act, of public
place and office and
moment of discharge of
time. official duties
• If the overt under the
act is enemy do not
separable, constitute per
two se the felony
witnesses of treason.
must also BUT when
testify to the position is
each part of policydetermi
the overt act. ning, the
• It is sufficient acceptance
that the of public
witnesses are office and the
uniform in discharge of
their official duties
78
constitute levy war against the
treason.) Government or to
 NOT allowed: adhere to the
Suspended enemies and to give
allegiance them aid or comfort,
(since and decide to commit
sovereignty is it (Arts. 8 and 114)
not
suspended in Proposal to commit
times of war, treason – committed
only the when in time of war a
exercise person has decided
thereof); to levy war against
Change in the Government or to
sovereignty; adhere to the
Loss of enemies and to give
citizenship. them aid or comfort,
proposes its
• There is no execution to some
treason thru other
negligence. The person or persons
overt act of giving (Arts. 8 and 114)
aid or comfort to
the enemy must • As a general rule,
be intentional. conspiracy and
• Circumstances proposal to
inherent in commit a felony
treason: is not punishable
treachery, abuse (Article 8), Art
of superior 115 is an
strength and exception as it
evident specifically
premeditation penalizes
• Circumstances conspiracy and
aggravating in proposal to
treason: commit treason.
ignominy, cruelty, • The two-witness
amount or rule does NOT
degree of aid, apply because
gravity of this is a separate
separate distinct and distinct
acts of treason offense.
• These felonies
ARTICLE are absorbed if
115 treason is
CONSPI actually
RACY & committed.
PROPO
SAL TO ARTICLE
COMMIT 116
TREAS MISPRISIO
ON N OF
TREASON
Conspiracy to
commit treason – Elements:
committed when in 1. That the offender
time of war, two or is a citizen of the
more persons come Philippines;
to an agreement to
79
CRIMINAL LAW BOOK
TWO
2. That he has ARTICLE
knowledge of any 117
conspiracy ESPIONAG
against the E
Government;
3. That the Espionage – the
conspiracy is one offense of gathering,
to commit transmitting, or
treason; losing information
4. That he conceals respecting the
or does not national defense
disclose and with intent or reason
make known the to believe that the
same as soon as information is to be
possible to the used to the injury of
proper authority. the Republic of the
Philippines or to the
• Art. 116 does advantage of a
NOT apply foreign nation.
when treason is
already Two ways of
committed and committing:
the accused 1. By entering,
does not report without authority,
its commission. a warship, fort,
• Art 116 is an or military or
EXCEPTION to naval
the rule that establishment or
mere silence reservation to
does not make obtain any
a person information, plan
criminally liable. or other data of
• The phrase confidential
“shall be nature relative
punished as an to the defense of
accessory to the the Philippines
crime of
treason,” Elements:
mentioned in a. That the
the provision, offender
does not mean enters any of
that the offender the places
is, legally mentioned
speaking, an therein;
accessory to the b. That he has
crime of treason no authority
because he is therefor;
already a c. That his
principal in the purpose is to
crime of obtain
misprision of information,
treason. It plans,
simply means photographs
that the penalty or other data
imposed is that of a
of an accessory confidential
to the crime of nature
treason. relative to
80
the defense representativ
of the e of a foreign
Philippines. nation.
 Offender must COMMONW

have the EALTH ACT
intention to NO. 616
obtain An Act to
information Punish
relative to the Espionage
defense of and
the Other
Philippines. Offenses
However, it is Against
not National
necessary Security
that the Acts
information is Penalized
actually
obtained. 1. Unlawfully
obtaining or
2. By disclosing to permitting to be
the obtained
representative of information
a foreign nation affecting national
the contents of defense
the articles, data
or information Ways of Violating
referred to in the Sec. 1:
preceding a. By going
paragraph, upon,
which he had in entering,
his possession flying over or
by reason of the otherwise
public office he obtaining
holds. information
concerning
Elements: any vessel,
a. That the aircraft, work
offender is a of defense or
public officer; other place
b. That he has connected
in his with the
possession national
the articles, defense or
data or any other
information place where
referred to in any vessels,
par. 1 of Art. aircrafts,
117, by arms,
reason of the munitions or
public office other
he holds; materials for
c. That he use in time of
discloses war are being
their made, or
contents to a stored, for
the purpose
of obtaining
81
CRIMINAL LAW BOOK
TWO
information negative,
respecting blueprint,
national plan, map
defense, with instrument,
intent to use appliance,
it to the injury document,
of the writing or
Philippines or note of
to the anything
advantage of connected
any foreign with the
nation. national
b. By copying, defense, for
taking, the same
making or purpose and
patenting or with like
inducing or intent as in
aiding par. A.
another to c. By receiving
copy, take, or obtaining
make or or agreeing
obtain any or attempting
sketch, or inducing or
photograph, aiding
photographic
another to receive or obtain from any
insubordination, disloyalty, mutiny or
sources any of those data mentioned
refusal of duty of any member of the in par.
B, code book or signal book, military, naval
or air forces of the knowing that it will be
obtained or Philippines.
disposed by any person contrary to the b.
By distributing any written or printed provisions
of this act. matter which advises, counsels, or
d. By communicating or transmitting, or urges
such insubordination, disloyalty, attempting to
communicate or transmit mutiny, or refusal of
duty. to any person not entitled to receive it, by
willfully retaining and failing to 4. Disloyal acts
or words in time of war deliver it on demand to
any officer or Ways of violating Sec. 4:
employee entitled to receive it, the a. By
willfully making or conveying false offender
being in possession of, reports or false
statements with intent having access to,
control over, or to interfere with the operations
or being entrusted with any of the data success
of the Armed Forces of the mentioned in par.
B, or code book or Philippines.
signal book. b. To promote the success of
its e. By permitting, through gross enemies, by
willfully causing or negligence, to be removed
from its attempting to cause insubordination,
proper place or custody or delivered to
disloyalty, mutiny or refusal of duty in anyone
in violation of his trust, or to be the Armed
Forces of the Philippines. lost, stolen,
abstracted or destroyed c. By willfully
82
obstructing the recruiting or any of the data
mentioned in par B, enlistment service.
code book or signal book, the offender
being entrusted with or having lawful 5.
Conspiracy to commit the preceding acts
possession or control of the same.
2. Unlawfully disclosing information affecting a.

Two or more persons conspire to national
defense violate the provisions of Sec. 1, 2, 3
Ways of violating Sec. 2:
a. By communicating, delivering or b. One or
more of such persons do any transmitting
or attempting or aiding or act to effect the
object of the inducing another to do it, to
any conspiracy. foreign government or any
faction or
party or military or naval force within a 6.
Harboring or concealing violators of the
foreign country, whether recognized or Act
unrecognized by the Philippines, or to any
representative, officer, employee,
Requisites: subject or citizen thereof, any
of the a. The offender knows that a person
has data mentioned in par. B of Sec. 1
committed or is about to commit an hereof,
code book or signal book. offense under
this Act;
b. In time of war, by collecting, recording, b.
The offender harbors or conceals such
publishing or communicating or person.
attempting to elicit any information with
respect to the movement, number, 7.
Making any photograph, sketch, picture,
description, condition, or disposition of
drawing, map or graphical representation
any of the armed forces, ships, of vital
military, naval and air installations aircraft,
or war materials of the or equipment as
defined by the Philippine Philippines, or
with respect to the President as requiring
protection against plans or conduct of any
military, naval the general dissemination of
information or air operations or with
respect to any relative thereto UNLESS he
obtains the works or measures undertaken
for the permission of the commanding
officer (or fortification or defense of any
place, or higher authority).of post, camp or
station any other information relating to the
concerned and promptly submits the public
defense, which might be useful product
obtained to the same to the enemy.
commanding officer (or higher authority).
3. Disloyal acts or words in time of peace 8.

Using or permitting or procuring the use
Ways of violating Sec. 3: of an aircraft for the
same purpose of
83
CRIMINAL LAW BOOK
TWO
a. By advising, counseling, urging or in
violating #7. any other manner by causing
9. Reproducing, publishing, selling, or
giving
away of Espionage Treason
uncensored
copies of Both are crimes not conditioned by the citizenship of
those the offender.
mentioned May be committed both Is committed only in time
under #7 in time of peace and in of war.
without the time of war.
permission
of the May be committed in Is limited to two ways of
many ways. committing the crime:
commandin
levying war, and
g officer (or adhering to the enemy
higher giving them aid or
authority. comfort
10. Destroying SECTION

or injuring or TWO:
attempting PROVOKING
to injure or WAR AND
destroy war DISLOYALTY IN
material CASE OF WAR
(when the
country is at ARTICLE 118
war) or INCITING TO
national WAR OR
defense GIVING
material, MOTIVES FOR
premises or REPRISALS
utilities
(even if the Elements:
country is 1. That the
not at war). offender
performs
11. Making or unlawful or
causing to unauthorized
be made in acts;
a defective 2. That such
manner, or acts provoke
attempting or give
to make or occasion for
cause to be a. A war
made in a involving or
defective liable to
manner, war involve the
material Philippin
(when the es or
country is at
b. Expose
war) or
Filipino
national
citizens to
defense
reprisals on
material
their persons
(even if the
and property.
country is
• Intention of
not at war).
the accused
is immaterial.
84
• This is authority
committed in (President or the
time of Chief of Staff of
peace. the AFP) for the
• Penalty is enforcement of
higher when neutrality.
the offender
is a public ARTICLE
officer or 120
employee. CORRES
PONDEN
Reprisal- is an CE WITH
act of self-help HOSTILE
on the part of the COUNTRY
injured state,
responding after Elements:
an unsatisfied 1. That it is made in
demand to an act time of war in
contrary to which the
international law Philippines is
on the part of the involved;
offending state 2. That the offender
(Naulilaa Incident makes
Arbitration, correspondence
Portuguese- with the:
German Arbitral a. Enemy
Tribunal, 1928) country or
ARTICLE 119 b. Territory
VIOLATION occupied by
OF the enemy
NEUTRALIT troops;
Y 3. That the
correspondence
Elements: is either:
1. That there is a a. Prohibited by
war in which the the
Philippines is not Government;
involved; or
2. That there is a b. Carried on in
regulation issued ciphers or
by a competent conventional
authority for the signs; or
purpose of c. If notice or
enforcing information
neutrality; be given
3. That the offender thereby
violates such which might
regulation. be useful to
the enemy.
Neutrality – the
condition of a nation Correspondence –
that in time of war communication by
takes no part in the means of letters; or it
dispute but continues may refer to the
peaceful dealings letters which pass
with the belligerents between those who
 There must be a have friendly or
regulation issued business relations.
by competent
85
CRIMINAL LAW BOOK
TWO
• Even if the attempts to
correspondence flee or go to
contains innocent the enemy
matters, if the country;
correspondence 4. That going to
has been the enemy
prohibited by the country is
government, it is prohibited by
punishable the
because of the competent
possibility that authority.
some information
useful to the • An alien
enemy might be resident may
revealed be guilty of
unwittingly. flight to
• Prohibition by the enemy
Government is country,
NOT essential because an
when the alien owes
correspondence allegiance to
is carried on in the
ciphers or useful Philippine
to the enemy. government
albeit
Circumstances temporary.
qualifying the • Mere
offense The attempt to
following must flee or go to
concur: enemy
1. That the notice country
or information consummate
might be useful s the crime.
to the enemy;
2. That the SECTION
offender THREE:
intended to aid PIRACY AND
the enemy. MUTINY ON
THE HIGH
ARTICLE 121 SEAS
FLIGHT TO
ENEMY’S ARTICLE 122
COUNTRY PIRACY IN
GENERAL
Elements: AND
1. That there is MUTINY
a war in ON THE HIGH
which the SEAS
Philippines is
involved; Piracy – it is
2. That the robbery or
offender forcible
owes depredation on
allegiance to the high seas,
the without lawful
Government; authority and
3. That the done with animo
offender furandi and in
86
the spirit and the cargo
intention of of said
universal vessel,
hostility. its
equipme
Two ways or nt or
modes of personal
committing belongin
piracy: gs of its
1. By attacking complem
or seizing a ent or
vessel on passeng
the high ers.
seas or in
Philippine High seas –
waters; waters which
2. By seizing in are beyond the
the vessel boundaries of
while on the the low-water
high seas or mark, although
in Philippine such waters
waters the may be in the
whole or part jurisdictional
of its cargo, limits of a
its foreign
equipment or government;
personal parts of the sea
belongings that are not
of its included in the
complement exclusive
or economic zone,
passengers. in the territorial
seas, or in the
Elements of internal waters
piracy: of a state, or in
1. That a vessel the archipelagic
is on the high waters of an
seas or on archipelagic
Philippine state (United
waters; Nations
2. That the Convention on
offenders are the Law of the
NOT Sea).
members of
its Philippine waters –
complement shall refer to all
or bodies of water, such
passengers as but not limited to
of the vessel; seas, gulfs, bays,
3. That the around, between and
offenders: connecting each of
a. Attack or the islands of the
seize the Philippine
vessel; Archipelago,
or irrespective of its
b. Seize depth, breadth,
the length or dimension,
whole or and all waters
part of belonging to the
87
CRIMINAL LAW BOOK
TWO
Philippines by
historic or legal title, Vessel – any vessel
including territorial or watercraft used for
sea, the sea-bed, the (a) transport of
insular shelves, and passengers and
other submarine cargo or (b) for
areas over which the fishing.
Philippines has
sovereignty and Piracy under
jurisdiction (Sec. 2, Piracy under RPC
PD 532
P.D. 532). Punishes piracy Punishes piracy
committed either in committed in Philippine
 Piracy is a crime Philippine waters or on waters only.
not against any the high seas.
particular state Piracy under
but against all Piracy under RPC
PD 532
mankind. It may Offenders: Offenders: any person
be punished in Nonpassengers or non- (may be a passenger,
the competent members of the crew, crew or a stranger).
tribunal of any in short, strangers to
country where the vessel.
the offender may
be found or into Aiding or
which he may be Abetting of
carried. Piracy
Any person who
Mutiny – the shall knowingly
unlawful resistance aid or abet piracy
to a superior, or the will be
raising of considered as an
commotions and accomplice in the
disturbances on commission of
board a ship against piracy and
the authority of its punished
commander. according to the
rules under the
Piracy under RPC RPC.
Place of commission: Either in Philippine waters or
on the high seas Requisites:
1. Knowingly
The persons who attack Mutiny is committed
aids by or
a vessel or seize its members of the
protects or
crew
cargo are strangers to passengers. pirates;
the vessels. 2. Acquires or
Intent to gain The offendersreceives
may only
is essential. property
intend to ignore the
ship’s officerstaken by such
or they
may be promptedpirates,
by aor in
desire to commit
anyplunder.
manner
derives any
PRESIDENTI benefit
AL DECREE therefrom;
NO. 532 3. Directly or
Anti-Piracy indirectly
and Anti- abets the
Highway commission
Robbery of piracy.
Law of 1974
88
ARTICLE 123 number
QUALIFIED of
PIRACY victims.
• Offender
Qualifying s are not
Circumstances: liable for
1. Whenever the
the offenders separate
have seized crimes of
the vessel by murder,
boarding or homicide
firing upon , physical
the same; injuries,
2. Whenever or rape.
the pirates
have Qualified
abandoned Mutiny: When
their victims the second or the
without third
means of circumstance
saving accompanies the
themselves; crime of mutiny
3. Whenever mentioned under
the crime is Art. 122, mutiny
accompanied is then qualified.
by murder, First
homicide, circumstance
physical may not qualify
injuries, or the crime of
rape. mutiny.
• The
“crimes” REPUBLIC ACT
mentione NO. 6235
d in the ANTI-
article HIJACKING
which LAW
are
qualified Meaning of
are “aircraft is in
piracy flight” - from the
and moment all
mutiny exterior doors are
on the closed following
high embarkation until
seas. the same doors
• Qualified are again opened
piracy is for
a disembarkation.
SPECIAL Acts Punished
COMPL 1. Usurping or
EX seizing control
CRIME of an aircraft of
punishab Philippine
le by registry while it
reclusión is in flight; or
perpetua compelling the
to death, pilots thereof to
regardles change its
s of the
89
CRIMINAL LAW BOOK
TWO
course or murder,
destination; homicide,
serious
Note: When the physical
aircraft is not in injuries or
flight, the rape. (Thus,
usurpation or such
seizure of the common
aircraft may crimes are
amount to considered
coercion or aggravating
threat. When circumstanc
death results, es only;
the crime is they are not
homicide or separated
murder, as the from or
case may be. complexed
with the
2. Usurping or crime of
seizing control hijacking)
of an aircraft of
foreign registry, 3. Carrying or
while within loading on
Philippine board an aircraft
territory, or operating as a
compelling the public utility
pilots thereof to passenger
land in any part aircraft in the
of Philippine Philippines
territory; flammable,
corrosive,
Aggravating explosive or
circumstances poisonous
to acts substances;
punished
under 1 and 2: 4. Loading,
a. When the shipping, or
offender has transporting on
fired upon board a cargo
the pilot, aircraft
member of operating as a
the crew, or public utility in
passenger the Philippines,
of the flammable,
aircraft; corrosive, or
b. When the poisonous
offender has substance if not
exploded or done in
attempted accordance with
to explode the rules and
any bomb regulations of
or the Air
explosive to Transportation
destroy the Office.
aircraft;
c. Whenever Note: There is no
the crime is attempted hijacking
accompanie since it is
d by punishable under a
90
special law and ARTICLE 124
attempted stage is ARBITRARY
not punishable DETENTION
under the said law.
Elements:
TITLE TWO: 1. That the
CRIMES offender is a
AGAINST THE public officer
FUNDAMENT or employee;
AL LAW OF 2. That he
THE STATE detains a
person;
All offenses in this 3. That the
Title are required to detention is
be committed by without legal
public officers except ground.
offending the
religious feelings. Detention – a
person is
CHAPTER ONE: detained when
ARBITRARY he is placed in
DETENTION confinement or
there is restraint
OR EXPULSION,
on his person.
VIOLATION OF
DWELLING,  Detention need
PROHIBITION, not involve
any physical
INTERRUPTION,
restraint.
AND
Psychologica
DISSOLUTION
l restraint is
OF PEACEFUL
sufficient. If
MEETING AND
the acts and
CRIMES
actuations of
AGAINST
the accused
RELIGIOUS
can produce
WORSHIP
such fear in
(ARTS.
the mind of
124-133) the victim
sufficient to
SECTION paralyze the
ON latter, to the
E: extent that
AR the victim is
BI compelled to
TR limit his own
AR actions and
Y movements
DE in
TE accordance
NT with the
IO wishes of the
N accused,
AN then the
D victim is, for
EX all intents
PU and
LSI purposes,
ON detained
against his
91
CRIMINAL LAW BOOK
TWO
will (Astorga have no legal
vs. People, grounds
G. R. No. therefor.
154130 Oct. • If the
1, 2003). detention is
perpetrated
Legal by other
groun public
ds for officers NOT
the vested with
detent authority or
ion of any private
perso individual,
ns: 1. the crime
The committed is
commi illegal
ssion detention
of a (Art. 267 or
crime 268).
2. Violent insanity • The
or other penalty for
ailment Arbitrary
requiring Detention
compulsory depends
confinement upon the
of the patient period of
in a detention
hospital involved. A
greater
Note: This is penalty is
list is not imposed if
exclusive so the period is
long as the longer.
ground is • Arrest
considered without a
legal (e.g. in warrant is the
contempt of usual cause
court, under of arbitrary
quarantine, detention.
or a foreigner The crime of
to be unlawful
deported). arrest is,
however,
• The public absorbed in
officer liable the crime of
for arbitrary arbitrary
detention detention.
must be
vested with Arrest without
authority to warrant – when
detain or LAWFUL:
order the 1. When, in his
detention of presence, the
persons person to be
accused of a arrested has
crime, but committed, is
when they actually
detain a committing, or is
person they attempting to
92
commit an confined while
offense; his case is
 “In his pending, or has
presence” – escaped while
when the being transferred
officer sees from one
the offense confinement to
being another. (Sec. 5,
committed, Rule 113,
although at a Revised Rules of
distance, or Criminal
hears the Procedure)
disturbance  It may
created be
thereby and committed
proceeds at through
once to the imprudence.
scene
thereof, or ARTICLE
when the 125
offense is DELAY IN THE
continuing or DELIVERY OF
has not been DETAINED
consummate PERSONS TO
d at the time THE PROPER
the arrest is JUDICIAL
made, the AUTHORITIES
offense is
said to be Elements:
committed in 1. That the offender
his presence. is a public officer
(U.S. vs. or employee;
Samonte, 16 2. That he has
Phil 516 detained a
[1910]) person for some
legal ground
2. When an offense (Sec. 5, Rule
has in fact just 113, Rules of
been committed, Court);
and he has 3. That he fails to
probable cause deliver such
to believe based person to the
on personal proper judicial
knowledge of authorities within:
facts and a. 12 hrs. for
circumstances offenses
that the person to punishable
be arrested has by light
committed it; penalties or
3. When the person their
to be arrested is equivalent.
a prisoner, has b. 18 hrs. for
escaped from a offenses
penal punishable
establishment, or by
place where he is correctional
serving final penalties or
judgment or their
temporarily equivalent.
93
CRIMINAL LAW BOOK
TWO
c. 36 hrs. for It is intended to
offenses prevent any
punishable abuse resulting
by afflictive from confining a
penalties or person without
their informing him of
equivalent. his offense and
without permitting
Circumstance him to go on bail.
s considered • A private
in individual
determining who makes a
liability of lawful arrest
officer must also
detaining a comply with
person requirements
beyond legal under Art.
period: 1. The 125. If he
means of fails to
communicatio comply, he is
n; liable for the
2. The hour of crime of
arrest; and ILLEGAL
3. Other DETENTION
circumstance under Art.
s such as the 267 or 268.
time of • The illegality
surrender of the
and the detention is
material not cured by
possibility of the filing of
the fiscal to information in
make the court.
investigation • Art. 125
and file in applies only
time the when the
necessary arrest is
information. made without
a warrant of
Meaning of arrest but
“proper judicial lawful. It
authorities” It does NOT
refers to the apply when
courts of justice the arrest is
or judges of said by virtue of a
courts vested warrant of
with judicial arrest, in
power to order which case
the temporary he can be
detention or detained
confinement of a indefinitely.
person charged He must,
with having however, be
committed a delivered
public offense. without
unnecessary
Reason for delay to the
Article 125 nearest
94
police station 3. By unduly
or jail. delaying the
• Person proceedings
arrested may upon any petition
request for a for the liberation
preliminary of such person.
investigation
but must sign Elements:
a waiver of 1. That the offender
Art. 125. is a public officer
or employee;
“Delivery to 2. That there is a
proper judicial or
authorities” It executive order
means filing of an for the release of
information a prisoner or
against the detention
person arrested prisoner, or that
with the there is a
corresponding proceeding upon
court or judge. It a petition for the
does not mean liberation of such
“physical person;
delivery”. 3. That the offender
without good
Art. 124 reason delays
either:
The detention is illegal
a. The service
from the beginning.
of the notice
of such order
to the
prisoner;
b. The
performance
of such
judicial or
executive
order for the
release of
ARTICLE the prisoner;
126 or
DELAYING c. The
RELEASE proceedings
upon a
Three acts petition for
punished: the release
1. By delaying the of such
performance of a person.
judicial or
executive order Note: Most likely to
for the release of be violated by
a prisoner; wardens or jailers.
2. By unduly
delaying the ARTICLE
service of the 127
notice of such EXPULSION
order to said
prisoner; Two acts punished:
95
CRIMINAL LAW BOOK
TWO
1. By expelling a owner
person from the thereof;
Philippines; 2. By searching
2. By compelling a papers or
person to other effects
change his found therein
residence. without the
previous
Elements: consent of
1. That the offender such owner;
is a public officer 3. By refusing
or employee; to leave the
2. That he expels premises,
any person from after having
the Philippines, surreptitiousl
or compels a y entered
person to change said dwelling
his residence; and after
3. That the offender having been
is not authorized required to
to do so by law. leave the
same.
Exception: (no
expulsion) in cases Common
of ejectment, elements:
expropriation or 1. That the
when the penalty of offender is
destierro is imposed. public officer
or employee;
• Only the 2. That he is not
President of the authorized by
Philippines is judicial order
authorized to to enter the
deport aliens dwelling and/
under the or to make a
Revised search for
Administrative papers and
Code. for other
• Only the court by effects.
a final judgment
can order a Qualifying
person to change circumstances:
residence 1. If committed
at nighttime;
SECTION TWO: 2. If any papers
VIOLATION OF or effects, not
DOMICILE constituting
evidence of a
ARTICLE 128 crime are not
VIOLATION OF returned
DOMICILE immediately
after a
Acts Punished search is
1. By entering made by the
any dwelling offender.
against the
will of the • The offender
must be a
public officer
96
or employee.
If he is a • Although the
private Code speaks
individual, of the owner
the crime of the
committed is premises, it
TRESPASS would be
TO sufficient if
DWELLING. the inhabitant
is the lawful
• In the first occupant
mode, lack of using the
consent premises as
would not his dwelling,
suffice as the although he
law requires is not the
that the owner
offender’s thereof.
entry must be
over the
owner’s “Against the will of
objection. owner”
It presupposes
In the second opposition or
mode, mere prohibition by the
lack of owner, WHETHER
consent is EXPRESS OR
sufficient. IMPLIED, and not
merely the absence
In the third of consent.
mode, what
is punished is ARTICLE
the refusal to 129
leave, the SEARCH
entry having WARRANTS
been made MALICIOUSLY
surreptitiously OBTAINED
. AND
ABUSE IN
• It is believed, THE
however, that SERVICE
if the OF THOSE
surreptitious LEGALLY
entry had OBTAINED
been made
through an Acts Punished:
opening not 1. Procuring a
intended for search warrant
that purpose, without just
the offender cause
would be
liable under Elements:
the first mode a. That the
since it is offender is a
entry over public officer
the implied or employee;
objection of
b. That he
the
procures a
inhabitant.
97
CRIMINAL LAW BOOK
TWO
search judge after
warrant; examination under
c. That there is oath or affirmation of
no just the complainant and
cause. the witnesses he
may produce, and
2. Exceeding his particularly
authority or by describing the place
using to be searched and
unnecessary the things to be
severity in seized which may be
executing a anywhere in the
search warrant Philippines. (Sec. 4,
legally procured Rule 126, Revised
Rules of Criminal
Elements: Procedure)
a. That the
offender is a Test of lack of just
public officer cause
or employee; Whether the affidavit
b. That he has filed in support of the
legally application for search
procured a warrant has been
search drawn in such a
warrant; manner that perjury
c. That he could be charged
exceeds his thereon and affiant
authority or can be held liable for
uses damages caused.
unnecessary • If the search
severity in warrant is
executing the secured
same. through a false
affidavit, the
Search warrant – is crime punished
an order in writing by this article
issued in the name of CANNOT be
the People of the complexed but
Philippines, signed will be a
by the judge and separate crime
directed to a peace from perjury
officer, commanding since the
him to search for penalty herein
personal property provided shall
described therein be IN
and bring it before ADDITION TO
the court. the penalty of
perjury.
Requisite for the • A search
issuance of search warrant shall
warrant be valid for ten
A search warrant (10) days from
shall not issue except its date.
upon probable cause
in connection with Instances when
one specific offense a warrantless
to be determined search and
personally by the seizure is valid
98
1. Consented or any person
searches; lawfully aiding
2. As an him when
incident to a unlawfully
lawful arrest; detained therein.
3. Searches of (Sec. 7, Rule
vessels and 126, Rules of
aircraft for Court)
violation of
immigration, ARTICLE 130
customs, and SEARCHI
drug laws; NG
4. Searches of DOMICIL
moving E
vehicles; WITHOU
5. Searches of T
automobiles WITNESSES
at borders or
constructive Elements:
borders; 1. That the
6. Where the offender is a
prohibited public officer
articles are in or employee;
"plain view"; 2. That he
7. Searches of searches the
buildings and domicile,
premises to papers or
enforce fire, other
sanitary, and belongings of
building any person;
regulations; 3. That he is
and armed with a
8. "stop and warrant;
frisk" 4. That the
operations. owner or any
(People v. member of
Lopez GR his family or
No. 181747 two witnesses
September residing in the
29, same locality
2008) are not
present.
Note: The officer,
if refused • The papers
admittance to the or other
place of directed belongings
search after must be in
giving notice of the dwelling
his purpose and of their owner
authority, may at the time
break open any the search is
outer or inner made.
door or window • Art. 130 does
of a house or any NOT apply to
part of a house or searches of
anything therein vehicles or
to execute the other means
warrant or of
liberate himself
99
CRIMINAL LAW BOOK
TWO
transportatio petition to the
n. authorities for the
• Search correction of
without abuses or
warrant redress of
under the grievances.
Tariff and
Customs Common elements:
Code does 1. That the offender
not include a is a public officer;
dwelling 2. That he performs
house. any of the acts
mentioned above
SECTION • Right to conduct

THREE: peaceful meeting
PROHIBITIO is not absolute. It
N, may be regulated
INTERRUPTION, by the police
AND power of the
DISSOLUTION state. However,
OF there is a legal
PEACEFUL ground to prohibit
MEETINGS when the danger
is imminent and
ARTICLE the evil to be
131 prevented is a
PROHIBITIO serious one.
N, • The offender
INTERRUPT must be a
ION, & stranger, and not
DISSOLUTION OF a participant. If
PEACEFUL the offender is a
MEETINGS participant, the
crime committed
Acts Punished: is unjust
1. Prohibiting, vexation.
interrupting or • Interrupting and
dissolving dissolving the
without legal meeting of
ground the municipal council
holding of a by a public officer
peaceful is a crime against
meeting; a legislative
2. Hindering any body, not
person from punished under
joining any lawful Art. 131 but
association or under. Art. 143
from attending and 144.
any of its • If the offender is
meetings; a private
3. Prohibiting or individual, the
hindering any crime is
person from disturbance of
addressing, public order
either alone or under Art. 153.
together with
others, any SECTION
FOUR:
100
CRIMES worship
AGAINST (not
RELIGIO necessar
US y that
WORSHI there is a
P religious
worship);
ARTICLE or
132 b. During
INTERRUPTION OF the
RELIGIOUS celebratio
WORSHIP n of any
religious
Elements: ceremony
1. That the offender ;
is a public officer 2. That the acts
or employee; must be
2. That religious notoriously
ceremonies or offensive to
manifestations of the feelings of
any religion are the faithful.
about to take
place or are Religious
going on; ceremonies –
3. That the offender are those
prevents or religious acts
disturbs the performed
same. outside of a
church, such as
• Qualified by procession and
violence or special prayers
threats for burying dead
• If the person
prohibition or
disturbance is “Acts
committed only notoriously
in a meeting or offensive to the
rally of a sect, feelings of the
it would be faithful”
punishable The acts must be
under Art.131. directed against
religious practice
ARTICLE 133 or dogma or ritual
OFFENDIN for the purpose of
G ridicule, as
RELIGIOUS mocking or
FEELINGS scoffing at or
attempting to
Elements: damage an
1. That the object of religious
acts veneration.
complained • May be
of were committed by
performed: a public
a. In a place officer or a
devoted private
to individual
religious • Offense of
feeling is
101
CRIMINAL LAW BOOK
TWO
judged from of
complainant’ land,
s point of nava
view. l or
• There must other
be deliberate arme
intent to hurt d
the feelings force
of the faithful s; or
b. Deprivin
TITLE THREE: g the
CRIMES AGAINST PUBLIC Chief
ORDER Executiv
e or
Congres
ARTICLE 134
s, wholly
REBELLION/ or
INSURRECTIO partially,
N of any of
their
Elements: powers
1. That there or
be: prerogati
a. Public ves.
uprising;
and • If the act is to
b. Taking deprive the
up of Judiciary of
arms its powers or
against prerogatives,
the the crime
governm committed is
ent. sedition.
2. For the Rebellion - more

purpose of: frequently used
a. Removin where the object of
g from the movement is to
the completely overthrow
allegianc and supersede the
e to said existing government.
Governm It is a crime of the
ent or its masses, of the
laws: multitude. It is a vast
i. The movement of men
territ and a complex
ory network of intrigues
of and plots. Purpose
the of the uprising must
Phili be shown, without
ppin evidence to indicate
es, the motive or
or purpose of the
any accused does not
part constitute rebellion. It
there may constitute other
of; or crimes like sedition
ii. Any or kidnapping.
body
102
Insurrection – more May be committed
commonly employed both during times of
in reference to a peace and war
movement which
seeks merely to
effect some change
of minor importance,
or to prevent the
exercise of Committed during a time
governmental of war.
authority with respect
to particular matters
or subjects.
Note: ACTUAL
CLASH with the
armed forces of the
Government is NOT
necessary to convict
the accused who is in Proof needed for conviction
conspiracy with Proved by showing 1. Testimony of 2
others actually taking the purpose of the witnesses, at least to
arms against the uprising; there must the same overt act; or
government. be proof beyond 2. Confession of accused
reasonable in open
doubt court
Rebellion
As purpose
to • Giving aid
1. To remove from Violation by a andsubjectcomfort
of
the allegiance to his allegiance is to his not
said gov't or the sovereign or criminal
to the in
laws the territory supreme authority of the
of the Phils. rebellion.
State. • Persons
Or any body of
land, naval or acting as
2. other armed couriers or
forces; spies for
To deprive the rebels are
Chief Executive guilty of
or Congress of
rebellion.
any of their
• Mere silence
powers.
regarding the
Manner of commission
presence of
1. Public uprising, 1. rebels
2. and despite
By taking arms 2. knowledge of
against the Gov't. a rebellion is
not
punishable.
Time of commission • Rebellion
cannot be
complexed
with, but
absorbs
other crimes
committed in
furtherance
of rebellious
movement.
103
CRIMINAL LAW BOOK
TWO
There is no 3. That the
complex attack is
crime of directed
rebellion with against duly
murder and constituted
other authorities of
common the Republic
crimes, of the
whether such Philippines or
crimes are any military
punishable camp, or
under a installation, or
special law or communicatio
general law n networks,
(RPC) public utilities
provided that or other
such crimes facilities
are needed for
committed in the exercise
furtherance and
or in continued
pursuance of possession of
the power;
movement to 4. That the
overthrow the purpose of
government. the attack is
(Ponce to seize or
Enrile v. diminish state
Amin, G. R. power.
No. 93335,
September • The crime of
13, 1990). coup d’etat
may be
ARTICLE 134-A committed
COUP D’ETAT with or
without
Elements of civilian
coup d’etat: participation.
1. That the • State Power
offender is a includes
person or power of the
persons President,
belonging to Legislative
military or and Judicial
police or Power,
holding any including
public office police power.
or • Under
employment; Section 3 of
2. That it is the Human
committed by Security Act
means of a of 2007 a
swift attack, person who
accompanied commits an
by violence, act
intimidation, punishable
threat, strategy, as coup d’
or stealth; etat including
acts
104
committed by Persons liable for
private rebellion,
persons, insurrection and/or
thereby coup d’etat:
sowing and • The leaders
creating a –
condition of  Any person
widespread who
and a. Promote
extraordinary s;
fear and b. Maintain
panic among s; or
the populace, c. Heads a
in order to rebellion
coerce the or
government insurrecti
to give in to on;
an unlawful or
demand shall  Any person
be guilty of who –
terrorism. a. Leads;
b. Directs;
Rebellion or
There must be a public c. Comman
uprising, more than ds others
one person is involved. to
Offenders: No undertak
qualifications. e a coup
d’etat;
• The
Purpose: To overthrow participants –
the government.  Any
person who
Essence: 1. Participa
Public tes; or
uprising and taking up 2. Execute
of arms against the s the
government. comman
ds of
others in
rebellion,
or
insurrecti
on;
 Any person
in the
ARTICLE government
135 service who
PENALTY 1. Participa
FOR tes; or
REBELLION 2. Execute
OR s
INSURRECTI direction
ON OR COUP s or
D’ETAT comman
ds of
105
CRIMINAL LAW BOOK
TWO
others in participant in
undertak the
ing a commission
coup of Rebellion.
d’etat; (People v.
Lava, 28
 Any person SCRA 72
not in the [1969])
government
service who Political Crimes
1. Participa – in contrast to
tes; common crimes,
2. Supports are those directly
; aimed against
3. Finances the political order,
; as well as such
4. Abets; or common crimes
5. Aids in as may be
undertak committed to
ing a achieve a
coup political purpose.
d’etat. The decisive
factor is the
Who shall be intent or motive.
deemed the
leader of the • Killing,
rebellion, robbing, etc.,
insurrection or for private
coup d’etat in purposes or
case he is profit, without
unknown? Any any political
person who in motivation,
fact: 1. Directed would be
the others, separately
2. Spoke for punished and
them, would not be
3. Signed absorbed in
receipts and the rebellion.
other (People vs.
documents Geronimo, et
issued in al., 100 Phil
their name, 90 [1956])
or
4. Performed ARTICLE 136
similar acts, CONSPI
on behalf of RACY &
the rebels. PROPO
SAL TO
• Being a mere COMMIT
assistant to a REBELLION,
principal, INSURRECTION
guilty of OR COUP D’
rebellion and ETAT
punishable
under the Two Crimes
second penalized
paragraph of under this
Art. 135 is a article: 1.
106
Conspiracy to LOY
commit EES
rebellion, and
2. Proposal to Acts Punished
commit rebellion. 1. Failing to resist a
rebellion by all
Conspiracy to means in their
commit power;
rebellion – when 2. Continuing to
two or more discharge the
persons come to duties of their
an agreement to office under the
rise publicly and control of the
take arms rebels;
against the 3. Accepting
Government for appointment to
any of the office under the
purposes of rebels.
rebellion and
decide to commit • The offender
it must be a public
officer or
Proposal to employee.
commit • The crime
rebellion – when presupposes the
the person who existence of
has decided to rebellion by
rise publicly and other persons;
take arms the offender
against the must not be in
Government for conspiracy with
any of the the rebels;
purposes of
otherwise, he
rebellion
himself will also
proposes its
be guilty of
execution to
rebellion.
some other
person or
persons ARTICLE
138
INCITING
 This is an
TO
instance
REBELLI
where the
ON/
law punishes
INSURRECTION
preparatory
acts.
Elements:
1. That the offender
ARTICLE 137
does not take up
DISL
arms or is not in
OYA
open hostility
LTY
against the
OF
Government;
PUB
2. That he incites
LIC
others to the
OFFI
execution of any
CER
of the acts of
S/ rebellion;
EMP
107
CRIMINAL LAW BOOK
TWO
3. That the inciting the
is done by promulga
means of tion or
speeches, execution
of any
proclamations, law or
writings, the
emblems, holding
banners of any
or other popular
representations election;
(SPWEBO) b. To
tending to the prevent
same end. the
governm
Proposal to Commit ent or
Rebellion any
In both crimes, the offender induces another public to
commit rebellion. officer
from
The person who It is not required that the
freely
proposes has decided to offender has decided to
exercisin
commit rebellion. commit rebellion.
g its or
The person who The act of inciting ishisdone
proposes the execution publicly. functions,
of the crime uses secret or
means. prevent
the be
Note: In both, the crime of rebellion should not
actually committed by the persons to whom executio
it is
proposed or who are incited. If they commit n of any
rebellion because of the proposal or inciting, the
Administr
proponent or the one inciting may become ativea
principal by inducement in the crime of rebellion.
Order;
c. To inflict
ARTICLE any act
139 of hate
SEDITION or
revenge
Elements: upon the
1. That the person or
offenders rise: property
a. Publicly; of any
and public
b. Tumultuo officer or
usly; employe
2. That they employ e;
force, d. To
intimidation, or commit,
other means for any
outside of legal political
methods; or social
3. That the end, any
offenders employ act of
any of those hate or
means to attain revenge
any of the against
following objects: private
a. To persons
prevent or any
108
social • Mere public
class; uprising for
e. To any of the
despoil, objective
for any mentioned in
political Art. 139 is
or social punishable.
end, any
person or Note: Common
the Crimes are NOT
governm absorbed in the
ent of all crime of sedition.
its
property General Rule:
or any Common Crimes
part are NOT
thereof. absorbed in
sedition.
Tumultuous – if
caused by more Exception:
than three However,
persons who are sedition absorbs
armed or the use of
provided with the unlicensed
means of firearms as an
violence element thereof,
pursuant to RA
Sedition 8294.
ARTICLE
In both, there must be public uprising.
140
It is sufficient that the PENALTY
public uprising is FOR
tumultuous. SEDITION
The purpose of the
offenders may Persons liable:
be
political or social. 1. The leader of the
sedition;
Not necessarily against 2. Other persons
the government
participating in
the sedition.
Sedition
ARTICLE
In its more general 141
sense, it is the raising of CONSPIRACY
commotions or
disturbances in the TO COMMIT
State. SEDITION
• Public • Only Conspiracy
uprising and to commit
an object of sedition is
sedition must punishable and
concur. not proposal to
• In sedition, it commit sedition.
is immaterial • There must be
if the an agreement
objective be both to attain an
completely object of sedition
attained. and to rise
109
CRIMINAL LAW BOOK
TWO
publicly and proclamations,
tumultuously. writings,
emblems,
ARTICLE cartoons,
142 banners, or other
INCITING TO representations
SEDITION tending to the
same end.
Acts Punished:
1. Inciting others to Acts nos. 2 & 3
commit sedition punishable when:
by means of 1. They tend to
speeches, disturb or
proclamations, obstruct any
writings, lawful officer in
emblems executing the
cartoons, functions of his
banners, or other office;
representations 2. They tend to
tending to the instigate others
same end; to cabal and
2. Uttering seditious meet together for
words or unlawful
speeches which purposes;
tend to disturb 3. They suggest or
the public peace; incite rebellious
3. Writing, conspiracies or
publishing, or riots or
circulating 4. They lead or tend
scurrilous libels to stir up the
against the people against
Government or the lawful
any of its duly authorities or
constituted disturb the peace
authorities. of the
4. Knowingly community, and
concealing such the safety and
evil practices. order of the
Government.
Scurrilous – means
vulgar, mean, foul
Elements of act no. Rules relative

1: to seditious
1. That the offender words:
does not take • Clear and
direct part in the present
crime of sedition; danger rule
2. That he incites It is
others to the required
accomplishment that there
of any of the acts must be
which constitute reasonable
sedition; ground to
3. That the inciting believe that
is done by the danger
means of apprehende
speeches, d is
110
imminent itself would
and that the come into being
evil to be simultaneously
prevented is with the
a serious overthrow of the
one. There Government,
must be the when there
probability would be
of serious neither
injury to the prosecuting
State. officers nor
courts for the
• Dangerous enforcement of
tendency the law.
rule
There is CHAPTER TWO:
inciting to CRIMES
sedition AGAINST
when the POPULAR
words REPRESENTATI
uttered or ON
published (ARTS. 143-145)
could easily
produce
SECTION
disaffection
ONE: CRIMES
among the
AGAINST
people and
LEGISLATIV
a state of
E BODIES
feeling in
AND
them
SIMILAR
incompatibl
BODIES
e with a
disposition
to remain ARTICLE 143
loyal to the ACTS
Governmen TENDING TO
t and PREVENT
obedient to THE
the laws. MEETING OF
The THE
dangerous ASSEMBLY
tendency AND
rule is SIMILAR
generally BODIES
adopted in
the Elements:
Philippines. 1. That there
be a
Reasons why projected or
seditious actual
utterances are meeting of
prohibited: the National
If the State were Assembly or
compelled to any of its
wait until the committees
apprehended or
danger became subcommitt
certain, then its ees,
right to protect constitution
111
CRIMINAL LAW BOOK
TWO
al DISTURBANCE
commission OF
s or PROCEEDINGS
committees
or divisions Elements:
thereof, or 1. That there be a
of any meeting of
provincial Congress or any
board or city of its committees
or municipal or
council or subcommittees,
board; constitutional
commissions or
2. That the committees or
offender, divisions thereof,
who may be or any provincial
any person, board or city or
prevents municipal council
such or board;
meeting by 2. That the offender
force or does any of the
fraud. following acts:
 Force a. He disturbs
referred any of such
to here meetings;
is one b. He behaves
that while in the
produce presence of
s an any such
injury bodies in
on the such a
person manner as to
of interrupt its
another, proceedings
and or to impair
fraud the respect
involves due it.
falsificat
ion. • Complaint must
Thus, be filed by a
physical member of the
injuries legislative body.
and • Disturbance
falsificat created by a
ion will participant in the
be meeting is not
comple covered by Art.
xed as 144.
a • The same act
necess may be made the
ary basis for
means contempt since it
to is coercive in
commit nature while the
this crime under this
crime. Article is punitive.
ARTICLE SECTION
144 TWO:
112
VIOLATION is to prevent
OF any member
PARLIAME of Congress
NTARY from—
IMMUNITY i. Attendin
g the
ARTICLE meetings
145 of the
VIOLATION Congres
OF s or any
PARLIAMEN of its
TARY committe
IMMUNITY es or
constituti
Acts Punished onal
1. Using force, commiss
intimidation, ions,
threats, or etc.; or
frauds to ii. Expressi
prevent any ng his
member from opinions;
a. Attending or
the iii. Casting
meetings his vote.
of
Congress  The offender
or any of in Par. 1
its may be any
committe person.
es or
subcom 2. Arresting or
mittees, searching any
constituti member while
onal Congress is in
commissi session, except
ons or in cases where
committe such member
es or has committed
divisions a crime
thereof, punishable
or from under the Code
b. Expressi by a penalty
ng his higher than
opinions prision mayor.
or
c. Casting Elements:
his vote. a. That the
offender
Elements: is a
a. That the public
offender uses officer or
force, employe
intimidation, e;
threats or b. That he
fraud; arrests
or
b. That the searches
purpose of any
the offender
113
CRIMINAL LAW BOOK
TWO
member offenses
of punishable
Congress by a penalty
; less than
c. That the prision
Congress mayor.
, at the • It is not
time of necessary
arrest or that the
search, is member is
in regular actually
or prevented
special from
session; exercising
d. That the any of his
member functions. It
arrested is sufficient
or that
searched Congress is
has not in session.
committe
d a crime Note: Under Sec
punishabl 11, Art VI of the
e under 1987 Constitution
the Code “A senator or
by a Member of the
penalty House of
higher Representatives
than shall in all
prision offenses
mayor. punishable by
not more than six
Session - refers years
to the entire imprisonment, be
period from its privileged from
initial convening arrest while
until its final Congress is in
adjournment. session.” While
• Parliamentar Art 145 of the
y immunity RPC states
does not penalty higher
protect than prison
members of mayor. To be
Congress consistent with
from the Constitution,
responsibility the Constitution
before the should prevail
legislative over Article 145,
body itself. and the
• The 1987 Constitution says
Constitution “6 years”, not
exempts prision mayor.
member of
Congress CHAPTER
from arrest, THREE:
while the ILLEGAL
Congress is ASSEMBLIES
in session,
for all
114
AND persons are
ASSOCIATION armed.
S (ARTS. 146- • If none of the
147) persons
present in the
ARTICLE 146 meeting are
ILLEGAL armed, there
ASSEMBLIES is no crime of
Illegal
Forms of Illegal Assembly.
Assemblies:
1. Any meeting 2. Any meeting in
attended by which the
armed persons audience,
for the purpose whether armed
of committing or not, is incited
any of the to the
crimes commission of
punishable the crime of
under the treason,
Code rebellion or
insurrection,
Requisites: sedition, or
a. That there is assault upon a
a meeting, person in
gathering or authority
group of
persons, Requisites:
whether in a a. That there is
fixed place or a meeting, a
moving; gathering or
b. That the group of
meeting is persons,
attended by whether in a
armed fixed place or
persons; moving;
c. That the b. That the
purpose of audiences,
the meeting whether
is to commit armed or not,
any of the is incited to
crimes the
punishable commission
under the of the crime
Code. of treason,
rebellion or
• Not all the insurrection,
persons sedition or
present at direct
the meeting assault.
of the first
form of illegal  It is necessary
assembly that the
must be audience is
armed. It is actually
sufficient that incited. If in
at least 2 the meeting
the audience
115
CRIMINAL LAW BOOK
TWO
is incited to unlicensed. It
the only gives a
commission presumption
of rebellion if the firearm
or sedition, used is
the crimes unlicensed.
committed
are ILLEGAL A person invited to
ASSEMBLY give a speech in an
as regards illegal assembly or
the meeting and incites
organizers or the members of such
leaders or assembly is guilty of
persons inciting to sedition
merely only and not
present and punishable
INCITING under
TO illegal
REBELLION assembly.
OR
SEDITION ARTICLE 147
insofar as the ILLEGAL
one inciting ASSOCIATIONS
them is
concerned. Prohibited
associations:
Persons liable in Association
illegal assemblies: totally or partially
1. The organizers organized for:
or leaders of the 1. The purpose
meeting; of committing
2. Persons merely any of the
present at the crimes
meeting. punishable
under the
Presumptions: Code, or
If any person carries 2. Some
an unlicensed purpose
firearm, it is contrary to
presumed that: public
1. The purpose of morals.
the meeting
insofar as he is Public morals –
concerned is to refer to matters
commit acts which affect the
punishable under interest of society
the RPC, and and public
2. He is considered convenience
a leader or and is not limited
organizer of the to good customs
meeting.
 The law does Persons liable:
NOT 1. Founders,
distinguish directors, and
whether or president of
not the the
firearms are association
licensed or
116
2. Members of ARTICLE
the 152
association PERSONS IN
AUTHORITY &
AGENTS
Illegal Assembly OF
PERSONS
It is necessary that there IN
is an actual meeting or AUTHORIT
assembly of armed Y
persons for the purpose
specified in Art. 146.
It is the meeting and Agent of a
Public Officer Person in
attendance at such Person in
(PO) Authority (PA)
meeting that is Authority (APA)
punished.
Any person Any person Any person who,
who takes part directly vested by direct
in the with jurisdiction, provision of law
The persons liable are: performance whether as an or by election or
1. The organizers or of public individual or as a
leaders of the by appointment
functions in member of some by competent
meetings, and court or
the authority, is
2. The persons governmental
government. charged with the
present at the corporation,
meeting. maintenance of
board or
public order and
Organized for temporary commission.
the protection
purposes and security of
Held in connection with life and property.
crimes punishable under
the RPC  Any person who
comes to aid of a
person in
authority may be
considered as an
agent of a
person in
authority.
ARTICLE
148
DIRECT
ASSAULT
Two ways to
CHAPTER
commit:
FOUR:
1. Without public
ASSAULT
uprising, by
UPON, AND
employing force
RESISTANCE
or intimidation for
&
the attainment of
DISOBEDIENC
any of the
E TO,
purposes
PERSONS IN enumerated in
AUTHORITY defining the
AND THEIR crimes of sedition
AGENTS & rebellion
(ARTS. 148-
152) Elements:
117
CRIMINAL LAW BOOK
TWO
a. That the of such
offender performance
employs Elements:
force or a. That the
intimidati offender:
on; i. Mak
b. That the es
aim of an
the attac
offender k
is to (equ
attain ivale
any of nt to
the aggr
purposes essi
of the on),
crime of ii. Emp
rebellion loys
or any of forc
the e
objects (The
of the forc
crime of e
sedition; must
c. That be
there is serio
no public us
uprising. and
must
 Offended party be
need NOT of
BE a person such
in authority a
or his agent, char
he may be a acte
private r as
individual if to
the object is sho
to attain an w
object of cont
sedition. emp
t for
2. Without public auth
uprising, by ority
attacking, by (Gre
employing force gori
or seriously o).
intimidating or by How
seriously ever,
resisting any it is
person in impo
authority (PA) or rtant
any of his agents to
(APA), while dete
engaged in the rmin
performance of e
official duties, or whet
on the occasion her
the
118
victi resis
m is tanc
a PA e
or empl
APA oyed
. If by
the the
victi offe
m is nder
a must
PA, be
the serio
degr us
ee ( U.
of S.
forc vs
e Tabi
empl ana,
oyed 37
agai Phil
nst 515)
him .
is
imm iii. Mak
ateri es a
al as serio
the us
mer intim
e idati
layin on
g of (unl
han awfu
ds l
on coer
him cion,
is dure
suffi ss,
cient putti
( U. ng
S. som
vs eon
Gum e in
ban, fear,
39 exer
Phil tion
76). of
If an
the influ
victi ence
m is in
an the
APA mind
, the whic
viole h
nce, must
intim be
idati both
on, imm
or ediat
119
CRIMINAL LAW BOOK
TWO
e d in
and the
serio actu
us), al
or perf
iv. Mak orm
es a ance
serio of
us offici
resis al
tanc dutie
e (if s, or
not ii. That
serio he is
us, assa
crim ulted
e by
com reas
mitte on
d of
may the
be past
that perf
orm
und ance
er of
his
Artic offici
le al
dutie
151 s;
d. That the
or offender
resist knows
ance that the
and one he is
disob assaultin
edie g is a
nce); person in
b. That the authority
person or his
assaulte agent in
d is a the
person in exercise
authority of his
or his duties;
agent; e. That
c. That at there is
the time no public
of the uprising.
assault
the Considered
person in NOT in the
authority actual
or his performance of
agent: official duties:
i. Is 1. When the PA
eng or APA
age exceeds his
120
powers or authority, in
acts without applying Arts.
authority; 148 and 151.
2. Unnecessary • Evidence of
use of force motive of the
or violence; offender is
3. Descended to important when
matters which the person in
are private in authority or his
nature. agent who is
attacked or
Two kinds of seriously
direct intimidated is not
assault of in the actual
the second performance of
form: 1. his official duty.
Simple • Even when PA or
assault APA agrees to
2. Qualified fight, an attack
assault made by
accused
constitutes Direct
Assault, except
Direct assault is when the attack
qualified when: is made in lawful
1. Committed with a defense; the
weapon; character of a
person in
2. Offender is a
authority or
public officer or
agent is not laid
employee;
off at will but
3. Offender lays
attaches to him
hands upon a
until he ceases
person in
to be in office.
authority.
• If Direct Assault
is committed and
• Knowledge of
as a result the
the accused that
PA or APA is
the victim is a PA
killed, the crime
or APA is
shall be the
essential.  An complex crime of
“attack” is any Direct Assault
offensive or with Homicide or
antagonistic Murder as the
movement or case may be.
action of any • If Direct Assault
kind. is committed and
• Teachers, the PA or APA
professors, and suffers Serious
persons in or Less Serious
charge with the Physical Injuries,
supervision of the crime shall
public or duly be a complex
recognized crime or Direct
private schools, Assault with
colleges and Serious or Less
universities shall Serious Physical
be deemed Injuries.
persons in
121
CRIMINAL LAW BOOK
TWO
• The crime of only when a
slight physical direct assault
injuries is is also
absorbed in committed.
direct assault if • The offended
committed party in
against an APA. indirect
If committed assault may
against a PA, it be a private
will be person.
considered as a
separate offense. ARTICLE 150
• The crime of DISOBEDIENCE
direct assault is TO SUMMONS
not committed ISSUED BY THE
when the PA or NAT’L
APA is ASSEMBLY, ITS
suspended or COMMITTEES
under OR
suspension SUBCOMMITTE
when he is ES, BY THE
attacked. CONSTITUTION
• If the accused AL
was also acting COMMISSION,
in the ITS
performance of COMMITTEES,
his official duties, SUBCOMMITTE
crime committed E OR
may be coercion DIVISIONS
or physical
injuries. Acts punished:
1. Refusing,
ARTICLE without legal
149 excuse, to
INDIRECT obey
ASSAULT summons of
Congress, or
Elements: any
1. That a PA or an commission
APA is the victim or committee
of any of the chairman or
forms of direct member
assault defined in authorized to
Art. 148; summon
2. That a person witnesses;
comes to the aid 2. Refusing to
of the be sworn or
APA; placed under
3. That the offender affirmation
makes use of while before
force or such
intimidation upon legislative or
such person constitutional
coming to the aid body or
of the APA. official;
3. Refusing to
• Indirect answer any
assault can legal inquiry
be committed or to produce
122
any books, AGEN
papers, TS OF
documents, SUCH
or records in PERS
his ON
possession,
when Elements of
required by resistance &
them to do so serious
in the disobedience:
exercise of 1. That a PA or
their his APA is
functions; engaged in
4. Restraining the
another from performance
attending as of official
a witness in duty or gives
such a lawful
legislative or order to the
constitutional offender;
body; 2. That the
5. Inducing offender
disobedience resists or
to summons seriously
or refusal to disobeys
be sworn by such person
any such in authority or
body or his agent;
official. 3. That the act
of the
• The offender is
testimony of not included
a person in the
summoned provisions of
must be upon Arts. 148-
matters into 150.
which the
legislature Elements of
has simple
jurisdiction to disobedience:
inquire. 1. That an
• Any of the APA is
acts engaged
punished in the
herein may performance of
also official duty or
constitute gives a lawful
contempt. order to the
offender;
ARTICLE 151 2. That the offender
RESISTAN disobeys such
CE & APA;
DISOBEDIE 3. That such
NCE TO A disobedience is
PERSON not of a serious
IN nature.
AUTHOR
ITY OR
THE
123
CRIMINAL LAW BOOK
TWO
• The accused CHAPTER
must have FIVE: PUBLIC
knowledge that DISORDER
the person giving (ARTS. 153-
the order is a 156)
peace officer.
ARTICLE
Direct Assault 153
Distinguished TUMULTS &
from OTHER
Resistance or DISTURBANC
Serious ES
Disobedience OF PUBLIC
ORDER
Direct Assault
The PA or APA must be Only Actsinpunished:actual
engaged in 1. ofCausing
the performance duties. any
performance of official serious
duties or that he is disturbance
assaulted by reason in a public
thereof. place, office
Force employed Use of force isor
not so
is serious. serious. establishmen
t;
Attack or Employment of Attack or Employment of
Force is deliberate Force is not deliberate.
Note: If
Committed in any of Committeddisturbance
by resistingis
the following ways: 1. or seriously disobeying a
not serious in
By attacking, person in authority or his
2. By employing force, agent nature, alarms
3. By seriously and scandals
intimidating; under Article 155
4. By seriously resisting a is committed.
person in authority or
his agent 2. Interrupting
or disturbing
• The public
disobedience performance
contemplated s, functions
consists in the or
failure or refusal gatherings,
to obey a direct or peaceful
order from the meetings, if
authority or his the act is not
agent. included in
• In the crime of Arts. 131-
resistance and 132;
disobedience the
offender must 3. Making an
have knowledge outcry
that the person tending to
arresting is a incite
person in rebellion or
authority or an sedition in
agent of a person any meeting,
authority. association
or
public place;
124
Note: If display of a
outcry was burial
premeditated
to incite, the Inciting to Sedition or Public Disorder
crime Rebellion
committed is
inciting to The outcry or displaying The outcry is more or
rebellion or of emblems or placards less unconscious
sedition. should have been done outburst which, although
with the idea rebellious or seditious in
4. Displaying aforethought of inducing nature, is not
placards or his hearers or readers to intentionally calculated
emblems commit the crime of to induce others to
rebellion or sedition. commit rebellion or
which
sedition.
provoke a
disturbance At the outset, the At the outset, the
of public meeting is unlawful. meeting is lawful but
order in such becomes unlawful after
place; the outburst described
above.
5. Burying with
pomp the • The penalty
body of a next higher in
person who degree shall
has been be imposed
legally upon persons
executed. causing any
disturbance
• Serious or
disturbance interruption
must be of a
planned or tumultuous
intended. character.
• It is
tumultuous if
Outcry – to
caused by
shout
more than
spontaneously
three
subversive or
persons who
provocative
are armed or
words tending to
provided with
stir up the people
the means of
so as to obtain by
violence.
means of force or
However, this
violence any of
is only a
the objects of
presumption
rebellion or
juris tantum,
sedition. The
hence if the
outcry must be
disturbance
spontaneous,
is in fact
otherwise it
tumultuous it
would be the
is immaterial
same as inciting
that there are
to rebellion or
no such
sedition.
armed
persons.
Burying with
Conversely if
pomp the body
the gathering
of a person –
is not
ostentatious
125
CRIMINAL LAW BOOK
TWO
in fact • The offender
tumultuous, it must know
does not matter if that the news
there are such is false, to be
armed persons liable.
present on that
occasion. 2. Encouraging
• If the person disobedience to
who disturbs the law or to the
or interrupts constituted
the meeting authorities or by
or religious praising,
worship is a justifying or
public officer, extolling any act
he shall be punished by law,
liable under by the same
Art. 131 or means or by
132. words,
• Tumults and utterances or
other speeches;
disturbances • The act of
can be the offender
complexed of
with direct encouraging
assault if the disobedience
tumults and to the law or
disturbances the
of public authorities
order are punishable
directed to a under this
person in paragraph is
authority or different from
an agent of a inciting to
person in sedition
authority. which
requires that
ARTICLE the people
154 rise publicly.
UNLAWFUL
USE OF 3. Maliciously
MEANS OF publishing or
PUBLICATIO causing to be
N AND published any
UNLAWFUL official resolution
UTTERANCES or document
without authority,
Acts punished: or before they
1. Publishing or have been
causing to be published
published as officially;
news any false
news which may 4. Printing,
endanger the publishing or
public order, or distributing (or
cause damage to causing the
the interest or same) books,
credit of the pamphlets,
State; periodicals, or
leaflets which do
126
not bear the real different acts
printer’s name, or separately
which are punished
classified as under this
anonymous. Article and
Article 201
• Actual public on obscene
disorder or publications.
actual
damage to ARTICLE 155
the credit of ALARMS &
the state is SCANDALS
not
necessary. Acts punished:
The mere 1. Discharging
possibility of any firearm,
causing such rocket,
damage is firecracker,
sufficient. or other
explosive
• R.A. No. 248 within any
prohibits the town or
reprinting, public place,
reproduction which
or produces
republication alarm or
of danger
government
publications Note: The
and official discharge of
documents the firearm
without should not be
previous directed at a
authority. person.
• If the Otherwise,
printer/owner the offense
of the printing committed
establishmen would be
t took part in Discharge of
the Firearms
preparation under Article
and 254.
publication of • It is the
the libelous result, not the
writings he intent that
shall be liable counts. Act
under Art must produce
360. alarm or
danger as a
• If the consequence
publication is .
both obscene • The
and discharge
anonymous, may take
the offenses place within
cannot be one’s own
complexed home since
as they the law does
involve not
127
CRIMINAL LAW BOOK
TWO
distinguish as Charivari –
to where in includes a
town. medley of
• According to discordant
Viada, the voices, a mock
discharge of serenade of
firecrackers discordant noises
and rockets made on kettles,
during fiestas tin, horns, etc.
and festivals designed to
are not annoy or insult.
covered by • The reason
the law. for punishing
instigating or
2. Instigating or taking active
taking an part in
active part in charivari and
any charivari other
or other disorderly
disorderly meeting is to
meeting prevent more
offensive to serious
another or disorders.
prejudicial to
public
tranquility
ARTICLE
3. Disturbing 156
the public DELIVERING
peace while PRISONERS FROM
wandering JAIL
about at night
or while Elements:
engaged in 1. That there is a
any other person confined
nocturnal in a jail or penal
amusements establishment;
4. Causing any removes such
disturbance person, or helps
or scandal in the escape of
public places such person.
while
intoxicated or Committed in two
otherwise, ways:
provided Art. 1. By removing a
153 is not prisoner confined
applicable in jail or penal
institution – to
• If the take away a
disturbance person from
is of a confinement with
serious or without the
nature, the active
case will fall participation of
under Art. the person
153. released
128
2. By helping said parricide,
person to escape the act of
– furnish material taking the
means to place of the
facilitate escape prisoner in
• The prisoner prison is that
may be a of an
detention accessory
prisoner or under Art.
one 19, par. 3.
sentenced • If the
by virtue of a delivery of
final the prisoner
judgment. was
• This article committed
applies even through
if the bribery:
prisoner is in a. The
the hospital BRIBER
or asylum commits
when he is corruptio
removed or n of a
when the public
offender officer
helps his and
escape, deliverin
because it is g
considered prisoners
as an from jail.
extension of b. The
the penal JAILER,
institution. if a
• If the public
offender is a officer,
public officer commits
who is infidelity
actually and in the
presently in custody
custody or of
charge of prisoners
the prisoner, and
(e.g. a guard bribery.
on duty) he c. The
is liable for PRISON
infidelity in ER
the custody commits
of a evasion
prisoner. of
• But if the service
crime of
committed sentence
by the if he is
prisoner for already
which he is convicte
confined or d by final
serving judgment
sentence is .
treason,
murder, or Delivering Prisoners Infidelity in the
129
CRIMINAL LAW BOOK
TWO
from Jail Custody of gates, walls,
Prisoners roofs or
Offender: usuallyOffender: floors;
public
committed by an officer who3. hadBy the using
outsider. It may also prisoner in picklocks,
his
apply to an employee custody or chargefalse keys,
of the penal who was disguise,
in
establishment, connivance with the
deceit,
provided he does not prisoner in the latter’s
violence, or
have custody or charge escape intimidation;
of such person. 4. Through
Prisoner: May be a connivance
convict or a detainee with other
convicts or
CHAPTER SIX: employees of
EVASION OF the penal
SERVICE OF institution.
SENTENCE
(ARTS. 157-159) • The following
cannot
ARTICLE 157 commit
evasion of
EVASION OF
service of
SERVICE OF
sentence:
SENTENCE
a. Accused
who
Elements:
escapes
1. That the
during
offender is a
appeal or
convict by
a
final
detention
judgment;
prisoner
2. That he is
b. Minor
serving his
delinquen
sentence,
ts
which
c. Deportee
consists in
s
deprivation of
d. Persons
liberty;
convicted
3. That he
under
evades the
this
service of his
Article
sentence by
are
escaping
disqualifi
during the
ed from
term of his
the
sentence.
benefits
of the
Circumstances
Indetermi
qualifying the nate
offense: Sentence
1. By means of Law.
unlawful
entry (this
• Escape - flee
should be
from; to
“by scaling”); avoid; to get
2. By breaking out of the
doors, way, as to
windows, flee to avoid
130
arrest not
(Black’s participat
Law ed;
Dictionary, 3. That the
4th ed., p. offender
640) leaves the
penal
ARTICLE 158 institution
EVASION where he is
OF confined, on
SENTEN the occasion
CE ON of such
THE disorder or
OCCA during the
SION mutiny;
OF 4. That the
DISOR offender fails
DERS, to give
CONFLAG himself up to
RATIONS, the
EARTHQU authorities
AKES, within 48 hrs.
OR following the
OTH issuance of a
ER proclamation
CAL by the Chief
AMI Executive
TIES announcing
the passing
away of such
Elements:
calamity.
1. That the
offender is a
convict by • What is punished
final is not the leaving
judgment, of the penal
and is institution, but
confined in a the failure of the
penal convict to give
institution; himself up to the
authorities within
2. That there is
48 hours after
disorder,
the proclamation
resulting
announcing the
from:
passing away of
a. Conflagr
the calamity.
ation,
• If the offender
b. Earthqua
fails to give
ke,
himself up, he
c. Explosio
shall suffer an
n,
increase of 1/5 of
d. Similar
the time still
catastrop
remaining to be
he,
served under the
e. Mutiny
original
in
sentence, which
shall not exceed
which
6 months. If the
he
offender gives
has
himself up, he is
131
CRIMINAL LAW BOOK
TWO
entitled to a actually two
deduction of 1/5 views.
of his original
sentence. One expressed in
• “Mutiny” in this People v. Jose
article implies an which states that
organized it is not a distinct
unlawful crime, since the
resistance to a penalty is only
superior officer; a the
sedition; a revolt. recommitment of
(People vs. the convict to
Padilla, C.A., 46 serve the portion
O.G. 2151) of the sentence
• If one partakes in remitted by the
the mutiny, he pardon, hence it
will be liable for is only a
the offenses continuation of
which he the original case.
committed during
the mutiny The other view
whether or not he which is the more
returns. logical one is
expressed in
ARTICLE People v. Martin
159 which states that
OTHER since the code
CASES OF imposes a
EVASION specific penalty
OF of prision
SENTENCE correccional in its
(CONDITIONAL minimum period
PARDON) if the unserved
portion is less
Elements: than six years, it
1. That the offender is therefore a
was a convict; distinct crime.
2. That he was • A conditional
granted a pardon is a
conditional contract
pardon by the between the
Chief Executive; Chief
3. That he violated Executive
any of the who grants
conditions of the pardon
such pardon. and the
convict who
accepts it.
• Violation of
• Offender can
conditional
be arrested
pardon is a
and
distinct
reincarcerate
crime. (This
d without trial
is according
– in
to Reyes);
accordance
According to
with Sec.
Regalado,
64(I) of the
however,
Revised
there are
132
Administrativ Violation of Conditional Evasion of Service of
e Code. Pardon Sentence
• The condition
imposed Infringes the terms of the Defeats the purpose of
upon the contract the law.
prisoner that Does not affect public Disturbs public order
he should not order
commit
another CHAPTER
crime, SEVEN:
extends to COMMISSION
offenses OF
punishable
ANOTHER
by special
CRIME DURING
laws.
SERVICE OF
• Offender
PENALTY
must be
IMPOSED FOR
found guilty
ANOTHER
of the
PREVIOUS
subsequent
OFFENSE
offense
before he
can be ARTICLE 160
prosecuted COMMISSI
under Art ON OF
159. ANOTHER
• The court CRIME
cannot DURING
require the THE
convict to SERVICE
serve the OF
unexpired PENALTY
portion of the IMPOSED
original FOR
sentence if it ANOTHER
does not PREVIOUS
exceed six OFFENS
years, the E
remedy is left (QUASI-
to the RECIDIV
President ISM)
who has the
authority to Elements of
recommit him quasi-
to serve the recidivism:
unexpired 1. That the
portion of his offender was
original already
sentence. convicted by
• The period final
when convict judgment;
was at liberty 2. That he
is not committed a
deducted in new felony
case he is before
recommitted. beginning to
serve such
sentence or
133
CRIMINAL LAW BOOK
TWO
while serving when the
the same. accused does
not appeal
Who can be anymore.
pardoned • Quasi-recidivism
does not require
A quasi- that the offense
recidivist can for which the
be pardoned: convict is serving
1. At the age of and the new
70, if he shall felony committed
have already be embraced in
served out his the same title of
original the code. While
sentence in recidivism,
(and not a both the first and
habitual the second
criminal); or offenses must be
2. When he embraced in the
shall have same title of the
completed it code.
after reaching
the said age, TITLE FOUR:
unless by CRIMES
reason of his AGAINST
conduct or PUBLIC
other INTEREST
circumstance
s, he shall not CHAPTER
be worthy of ONE:
such FORGERIES
clemency.
• In reiteracion, the
SECTION 1:
offender against
FORGING THE
whom it is
SEAL OF THE
considered shall
GOVERNMENT
already have
OF THE
served out his
PHILIPPINE
sentence for the
prior offenses. ISLANDS, THE
SIGNATU
RE OR
Quasi-recidivism is a
STAMP
SPECIAL
OF THE
AGGRAVATING
CIRCUMSTANCE CHIEF
which cannot be EXECUTI
offset by ordinary VE.
mitigating
circumstances. ARTICLE
• First crime for 161
which the COUNTERF
offender is EITING
serving sentence SEAL OF
need not be a GOVERNMENT,
felony; but the SIGN
second crime ATUR
must be a felony. E
• Only considered AND
as final judgment STAM
134
P OF be the
PRES forger
IDEN otherwise
T the crime
committed
Acts Punished is forgery
1. Forging the Great under Art.
Seal of the 161.
Government of the • In using
Philippines; 2. the forged
Forging the signature signature
of the President; or stamp of
3. Forging the stamp the
of the President. President
 If the signature or forged
of the seal, the
President is participatio
forged, it is n of the
not offender is
falsification in effect
of public that of an
document, accessory.
but forging Although
the signature the general
of the Chief rule is that
Executive. he should
be
ARTICLE punished
162 by a
USE OF penalty two
FORGED (2) degrees
SIGNATURE lower,
, under
Article 162
COUNTERF
he is
EIT SEAL
punished
OR STAMP
by a
penalty
Elements:
only one
1. That the seal of
degree
the Republic was
lower.
counterfeited, or
the signature or
SECTION TWO:
stamp of the
COUNTERFEITI
Chief Executive
NG COINS
was forged by
another person;
ARTICLE 163
MAKING AND
knew of the
I
counterfeiting or
M
forgery;
P
3. That he used the
O
counterfeit seal
R
or forged
signature or TI
stamp. N
• The G
offender A
must NOT N
D
135
CRIMINAL LAW BOOK
TWO
U legal or genuine
T coin
T • There is
E counterfeiting
R when a
I spurious coin
N is made.
G There must
F be an
A imitation of
L the peculiar
S design of the
E particular
C coin.
O
I Uttering –
N means to pass
S counterfeited
coins
Elements: • Uttering
1. That there be includes
false or delivery or
counterfeited the act of
coins; giving them
2. That the away.
offender • It is uttered
either made, when it is
imported or paid even
uttered such though the
coins; utterer may
3. That in case not obtain the
of uttering gain he
such false or intended.
counterfeited
coins, he Kinds of coins
connived with the
the counterfeiting
counterfeiters of which is
or importers. punished:
1. Silver coins
• A coin is of the
false or Philippines or
counterfeited, coin of the
if it is forged Central Bank;
or if it is not 2. Coin of the
authorized by minor
the coinage of
Government the
as legal Philippines
tender, or the Central
regardless of Bank; 3. Coin
its intrinsic of the currency
value. of a foreign
country.
Counterfeiting – • Former
means the coins
imitation of a withdraw
n from
circulatio
136
n may 2. Importing or
be uttering such
counterf mutilated coins,
eited. with the further
• Pars. 1 requirement that
and 2 of there must be
Article connivance with
163 the mutilator or
mention importer in case
“coin” of uttering.
without
any  The coin must be
qualificati of legal tender or
ons. current coins of
• As the Philippines
regards and not of a
par. 3, foreign country.
the used
of the Mutilation – means
word to take off part of the
“currency metal either by filing
” is not it or substituting it for
correct another metal of
because inferior quality. It is to
the diminish by ingenious
Spanish means the metal in
text uses the coin, and thus
the word diminish its intrinsic
“moneda value.
” which
embrace ARTICLE
s not 165
only SELLING OF
those FALSE
that are OR
legal MUTILATE
tender D COIN,
but also WITHOUT
those out CONNIVA
of NCE
circulatio
n.
Acts Punished
ARTICLE
1. Possession of
164
coin,
MUTILATION OF counterfeited or
COINS- mutilated by
IMPORTATION another with
AND UTTERANCE intent to utter the
OF MUTILATED same knowing
COINS that it is false or
mutilated;
Acts punished 2. Actually uttering
1. Mutilating coins false or mutilated
of the legal coin, knowing it
currency, with to be false or
the intent to mutilated.
damage or to • It does NOT
defraud another; require that
137
CRIMINAL LAW BOOK
TWO
the false coin
is legal
tender.
• But if the coin SECTION
being uttered THREE:
or possessed FORGING
with intent to TREASURY
utter is a OR BANK
mutilated NOTES,
coin, it must OBLIGATIONS
be a legal AND
tender coin. SECURITIES;
• The IMPORTING
possession AND UTTERING
prohibited in FALSE OR
Article 165 is FORGED
possession in NOTES,
general, that OBLIGATIONS
is, not only AND
actual, SECURITIES
physical
possession ARTICLE 166
but also FORGING
constructive TREASURY
possession OR BANK
or the NOTES
subjection of OR OTHER
the thing to DOCUMENTS
one’s control, PAYABLE TO
otherwise BEARER
offenders AND
could easily UTTERING
evade the THE SAME
law by the
mere Acts penalized:
expedient of 1. Forging or
placing other falsification of
persons in treasury or
actual, bank notes or
physical other
possession documents
of the thing payable to
although bearer;
retaining
constructive Forging is
possession committed by
or actual giving to a
control treasury or
thereof. bank note or
(People vs. any
Andrada, 11 instrument
C.A. Rep. payable to
147) bearer or to
order the
appearance
of a true and
genuine
document;
138
and What may be
falsification is forged or
committed by falsified under
erasing, Article 166:
substituting, 1. Treasury or
counterfeiting bank notes;
, or altering 2. Certificates;
by any 3. Other
means, the obligations
figures, and
letters, securities,
words, or payable to
signs bearer.
contained
therein (Art. • The Code
169). punishes
forging or
2. Importation falsification of
of the same: bank notes
it means to and of
bring them documents of
into the credit
Philippines, payable to
which bearer and
presupposes issued by the
that the State more
obligations or severely than
notes are counterfeiting
forged or of coins
falsified in a because the
foreign first tends to
country. bring such
3. Uttering the documents
same in into discredit
connivance and produces
with forgers a lack of
or importers: confidence
it means on the part of
offering the holders of
obligations or the said
notes documents to
knowing the prejudice
them to be of the
false or interests of
forged, the society
whether such and the
offer is State.
accepted or Moreover, it
not, with a is easier to
representatio forge or
n, by words falsify such
or actions, certificates,
that they are notes, etc.
genuine and and the profit
with an intent derived
to defraud. therefrom is
greater and
the incentive
for its
139
CRIMINAL LAW BOOK
TWO
commission involve an
is more instrument
powerful. payable to
(U.S. vs. order or
Gardner 3 other
Phil 403). document of
• The credit not
falsification of payable to
Philippine bearer.
National
Bank (PNB) ARTICLE
checks is not 168
forgery under ILLEGAL
Art. 166 of POSSESSION
RPC but AND USE OF
falsification of FALSE TREASURY
commercial OR BANK
documents NOTES AND
under Art OTHER
172 in INSTRUMENTS
connection OF CREDIT
with Art. 171
of the Code. Elements:
1. That the treasury
ARTICLE or bank note or
167 certificate or
COUNTERFEITI other obligation
NG, and securities
IMPORTING payable to bearer
AND or any instrument
UTTERING payable to order
INSTRUMEN or other
T NOT document of
PAYABLE credit not
TO BEARER payable to bearer
is forged or
Elements: falsified by
1. That there be an another;
instrument 2. The offender
payable to order knows that any of
or other these
document of instruments is
credit NOT forged or
payable to falsified;
bearer; 3. That he performs
2. That the offender any of these
either forged, acts:
imported or a. Using any of
uttered such such forged
instrument; or falsified
3. That in case of instruments;
uttering he or
connived with the b. Possession
importer or with intent to
forger. use, any of
 Counterfeiting the forged or
under Art. falsified
167 must documents.
140
2. By erasing,
• Possession of substituting,
false treasury or or altering by
bank notes alone any means
is not a criminal the figures,
offense. For it to letters, words
constitute an or signatures
offense, contained
possession must therein.
be with intent to • PD 247
use said false penalize
treasury or bank s
notes. (People deface
vs. Digoro, G.R. ment,
No. mutilatio
L-22032, March n,
4, 1966) tearing,
burning
• The accused or
must have destroyi
knowledge of the ng of
forged character Central
of the note. Bank
notes
• A person in and
possession of coins.
falsified • It
document and
who makes use includes
of the same is
presumed to be falsificat
the material ion
author of and
falsification. counterf
eiting.
Forgery Falsification
As used in Art. 169 The commission of any
refers to the falsification of the eight (8) acts
ARTICLE 169
and counterfeiting of mentioned in Art. 171
HOW
treasury or bank notes on legislative (only the
FORGERY IS
or any instruments act of making
COMMMITTED payable to the bearer or alteration), public or
to order. official, commercial, or
How private documents, or
committed: wireless, or telegraph
1. By giving to messages.
treasury or
bank note or SECTION
any FOUR:
instrument FALSIFICATI
payable to ON OF
bearer or to LEGISLATIVE,
order the PUBLIC,
appearance COMMERCIAL
of a true and AND
genuine PRIVATE
document; DOCUMENTS
141
CRIMINAL LAW BOOK
TWO
AND falsificati
WIRELESS, on is
TELEGRAPH limited to
AND altering it
TELEPHONE which
MESSAGES changes
its
ARTICLE 170 meaning.
FALSIFICATION Hence,
OF other
LEGISLATIVE acts of
DOCUMENT falsificati
on, even
Elements: in
1. That there be legislativ
a bill, e
resolution or documen
ordinance ts, are
enacted by or punished
approved or either in
pending Art. 171
approval by or under
either House Art. 172.
of the • R.A. 248
Legislative or prohibits
any the
provincial reprinting
board or ,
municipal reproduc
council; tion or
2. The offender republica
alters the tion of
same; governm
3. That he has ent
no proper publicati
authority ons and
therefor; official
4. That documen
alteration ts
changed the without
meaning of previous
the authority.
document.
• The bill, ARTICLE
resolutio 171
n or FALSIFICATION BY
ordinanc PUBLIC OFFICER,
e must EMPLOYEE
be OR NOTARY
genuine. OR
• Offender ECCLESIAS
may be TICAL
private MINISTER
individual
or a Elements:
public 1. That the offender
officer. is a public officer,
• The act employee or
of notary public or
142
ecclesiastical 3. The offender
minister; falsifies a
 The document.
ecclesiastical
minister is Document – is any
liable under written statement by
this article if which a right is
he shall established or an
commit any obligation
of the acts of extinguished or by
falsification which a fact may be
with respect proven or affirmed.
to any record • The document
or document must be
of such complete or at
character least it must have
that its the appearance
falsification of a true and
may affect genuine
the civil document.
status of • The document
persons. must be of
2. That he takes apparent legal
advantage of his efficacy.
official position • In the 1st, 2nd,
when: 6th, 7th (second
a. He has the part) and 8th
duty to make mode of
or prepare or falsification, there
otherwise to must be a
intervene in GENUINE
the DOCUMENT.
preparation • In the other
of the paragraphs of
document Art. 171,
b. He has the falsification may
official be committed by
custody of simulating or
the document fabricating a
which he document.
falsifies
 If he did Different Modes of
not take Falsifying a
advantag Document:
e of his
official A. Counterfeiting
position, or
he would imitating
be guilty any
of handwriting,
falsificati signature or
on of rubric.
public
documen Requisites:
t by a 1. That there be
private an intent to
individua imitate or an
l under
Art. 172.
143
CRIMINAL LAW BOOK
TWO
attempt to attempt
imitate; whatsoe
2. The two ver by
signatures or the
handwriting, accused
the genuine to imitate
and the the
forged bear signature
some s of the
resemblance other
to each other. person
• If there is so
no
that they are entirely unlike the
colorable truth in the statements of
genuine signature, the accused the
accused. may be found guilty under the 
If the narration of facts is second mode of
falsifying a contained in an affidavit or a
document. statement required by law to
be sworn to, the crime committed is
B. Causing it to appear that persons have
perjury. participated in an act or proceeding
when they did not in fact so participate.
Altering true dates
Date must be essential.

Requisites:
The alteration of the date or dates in a
1. That the offender caused it to appear
document must affect either the in a
document that a person or veracity of the
document or the effects persons
participated in an act or thereof.
proceeding;
Alteration of dates in official receipts to
2. That such persons did not in fact so
prevent discovery of malversation is
participate in the act or proceeding.
falsification
• The imitation of the signature of the
offended party is not F. Making
alteration or intercalation in a
necessary in this mode of genuine
document which changes its
falsification. meaning.
C. Attributing to persons who

have Requisites:
participated in any act or proceeding 1.
That there be an alteration or statements
other than those in fact intercalation
(insertion) on a
made by them.
2. That it was made on a genuine Requisites:
document;
144
1. That persons participated in an act or  If
the document is not genuine, the
proceeding; crime of estafa is
committed.
2. That such person or persons made 3. That
the alteration and intercalation statements
in that act or proceeding; has changed the
meaning of the
3. That the offender in making a
document;
document, attributed to such person, 4.
That the change made the document
statements other than those in fact speak
something false.
made by such person.  Alteration which
speaks the truth is not falsification. The
idea of
D. Making untruthful statements in a
deception is inherent in the word
narration of facts. alteration — of
making the instrument speak
something which
Requisites: the parties did not intend it
to 1. That the offender makes in a speak.
document statements in a narration of
facts; G. Issuing in an authenticated
form a
2. That he has the legal obligation to
document purporting to be a copy of an
disclose the truth of the facts narrated
original document when no such by
him; original exist or including in such
a
3. That the facts narrated by the offender
copy a statement contrary to or are
absolutely false; different from that of
the genuine
4. That the perversion of truth in the original.
narration of facts was made with the 
CANNOT be committed by a private
wrongful intent of injuring a third individual
or by a notary or public person. officer who
DOES NOT take
• There must be narration of facts,
advantage of his official position.
not a conclusion of law.
Intent to gain or prejudice is not
145
CRIMINAL LAW BOOK
TWO
• Legal obligation means that there
necessary, because it is the interest of
is a law requiring the disclosure of the
community which is intended to be the
facts narrated. guaranteed by the strict
faithfulness of
• The facts must be absolutely the
officials charged with the false, the
crime of falsification is preparation and
preservation of the not violated if there
is some
acts in e who
which did not
they take
intervene advantag
. e of his
official
H. Intercalating position;
any b. That he
instrument committe
or note d any of
relative to the acts
the of
issuance in falsificati
a protocol, on
registry or enumera
official ted in
book. Art.171
(Pars.1-
ARTICLE 172 6);
FALSIFICATION c. That the
BY PRIVATE falsificati
INDIVIDUALS on was
AND USE OF committe
FALSIFIED d in a
DOCUMENTS public or
official or
Acts punished: commerc
1. Falsification ial
documen
of public,
t.
official or
commercial
document Public
by a private document –
a document
individual
created,
executed or
Elements:
issued by a
a. The
public official
offender
in response
is a
to the
private
exigencies of
individual
the public
or a
service, or in
public
the execution
officer or
of which a
employe
146
public official to a third
intervened party or
at least
Official the
document – falsificati
a document on was
which is committe
issued by a d with
public official the intent
in the to cause
exercise of damage.
the functions
of his office • Private
document
Commercial or
document – instrument
any executed
document by a
defined and private
regulated by person
the Code of without the
Commerce interventio
or any other n of a
commercial notary
laws public or
other
2. Falsification person
of private legally
document by authorized,
any person; by which
document
Elements: some
a. That the disposition
offender or
committe agreement
d any of is proved,
the acts evidenced
of or set forth.
falsificati • Mere
on falsification
except of private
those in document
par. 7, is not
enumera enough.
ted in Two things
Art.171; are
b. That the required:
falsificati i. He must
on was have
committe falsified
d in a the
private same;
documen ii. He must
t; have
c. That the perform
falsificati ed an
on indepen
caused dent act
damage which
147
CRIMINAL LAW BOOK
TWO
operates docume
to the nt was
prejudic falsified
e of third by
persons. another
• Damage person;
need not ii. That the
be false
material, docume
damage to nt was
one’s honor embrace
is included. d in Art.
• There is no 171 or in
crime of any
estafa subdivisi
through on No.1
falsification of or 2 of
a private Art. 172;
document iii. That he
because the introduc
immediate ed said
effect of docume
falsification of nt in
private evidenc
document is e in any
the same as judicial
that of estafa. proceedi
• Generally, ng.
falsification is  No damage
consummate is required.
d when the
genuine b. Use in
document is any
altered or the other
moment the transacti
false on
document is i. That the
executed. It offender
is immaterial knew
that the that the
offender did docume
not achieve nt was
his objective. falsified
by
3. Use of another
falsified person;
documents. ii. That the
false
Elements: docume
a. Introduc nt was
ing in a embrace
judicial d in Art.
proceedi 171 or in
ng any of
i. That the subdivisi
offender on No. 1
knew or 2 of
that the Art. 172;
148
iii. That he Falsification as
used a Means to
such Commit Estafa
docume Falsification of Falsification of
nt (not in Public/Official or Private Document
judicial Commercial Document
proceedi When committed as a Even when
ng); necessary means to committed as a
iv. That commit estafa, complex necessary means to
crime is committed commit estafa, the
the
crime is either estafa
use or falsification only,
of because in this type
the of falsification, an act
false independent of
docume falsification is
nt required to show
intent to defraud
caused
damage
to Falsification by
another Private
or at Individual vs.
least it Falsification of
was Public Officer
used Article 172 Article 171
with The prejudice to a third Prejudice to third person
intent to party is taken into is immaterial; what is
cause account so that if punished is the violation
damage. damage is not apparent, of public faith and the
or at least if with no perversion of truth
intent to cause it, the
Notes:
falsification is not
• If a person punishable
knowingly offers
in evidence a
ARTICLE 173
FALSE
FALSIFICATI
WITNESS OR
ON OF
TESTIMONY,
WIRELESS,
Article 184
CABLE,
should apply.
TELEGRAP
• If a person
H AND
makes, presents
TELEPHON
or uses any
E
record,
MESSAGES
document, paper
A
or object with
N
knowledge of its
D
falsity and with
intent to affect
the course or U
outcome of the S
investigation of, E
or official
proceedings IN O
CRIMINAL F
CASES, such
person is liable S
under PD 1829 A
I
D
149
CRIMINAL LAW BOOK
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F telephon
A e
L message
S ;
I b. That he
F commits
I any of
E the
D above
acts.
M
E 3. Using such
S falsified
S messages.
A  With
G respect
E to No. 3,
S the
offender
need not
Acts punished: be
1. Uttering connecte
fictitious d to the
wireless, governm
telegraph, or ent or to
telephone such
messages; corporati
2. Falsifying on.
wireless,
telegraph or Elements:
telephone a. That the
messages. accused
knew
Elements: that
a. That the wireless,
offender cable,
is an telegraph
officer or or
employe telephon
e of the e
governm message
ent or an was
officer or falsified
an by any
employe person
e of a specified
private in 1st
corporati paragrap
on, h of
engaged Art.173;
in the b. That the
service accused
of used
sending such
or falsified
receiving dispatch;
wireless, c. That the
cable or use of
the
150
falsified 3. Private individual
dispatch who falsified a
resulted certificate falling
in the in the classes
prejudice mentioned in
of a third Nos. 1 and 2.
party, or
that the Certificate – is any
use writing by which
thereof testimony is given
was with that a fact has or has
the intent not taken place. 
to cause The phrase “or
such similar
prejudice circumstances” in
. Article 174 does not
 Act No. 1851, seem to cover
Sec. 4, property, because the
punishes circumstance
private contemplated must
individuals be similar to “merit,”
who forge or “service,” or
alter “good conduct.”
telegram.
ARTICLE
SECTION FIVE: 175
FALSIFICATION USING
OF FALSE
MEDICAL CERTIFICAT
CERTIFICATES, ES
CERTIFICATES
OF MERIT OR Elements:
SERVICE AND 1. That a false
THE LIKE certificate
mentioned in the
ARTICLE preceding article
174 was issued;
FALSE MEDICAL 2. That the offender
CERTIFICATES, knew that the
FALSE certificate was
CERTIFICATE OF false;
MERIT OR 3. That he used the
SERVICE same.
Persons liable:  When the use
1. Physician or of the false
surgeon who, in certificates in
connection with the
the practice of preceding
profession issued article is
a false certificate; used in a
2. Public officer judicial
who issued a proceeding,
false certificate of Art. 175 will
merit or service, apply. The
good conduct or use of false
similar document in
circumstances; judicial
proceeding
151
CRIMINAL LAW BOOK
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under Art use the
172 is limited instruments
to those false or
documents implements
mentioned in for
Arts. 171 and counterfeiting
172. or
falsification
made in or
introduced
into the
Philippines
by another
person.
SECTION SIX:
MANUFACTURI • It is not
NG, necessary
IMPORTING that the
AND implements
POSSESSI confiscated
ON OF form a
INSTRUMENTS complete set
OR for
IMPLEMENTS counterfeiting
INTENDED , it being
FOR THE enough that
COMMISSIO they may be
N OF employed by
FALSIFICATIO themselves
N or together
with other
ARTICLE 176 implements
MANUFACTUR to commit the
ING AND crime of
counterfeiting
POSSESSION
or
OF
falsification.
INSTRUMENT
• Arts. 165 and
S AND
176 punish
IMPLEMENTS
not only
FOR
actual,
FALSIFICATION
physical
possession,
Acts punished: but also
1. Making or constructive
introducing possession
into the or the
Philippines subjection of
any stamps, the thing to
dies, marks, one’s control.
or other
instruments
CHAPTER TWO:
or
OTHER
implements
FALSITIES
for
(ARTS.
counterfeiting
; 177- 184)
2. Possession
with intent to
152
SECTION ONE: • It may be
USURPATION violated by a
OF public officer.
AUTHORITY, • It does not apply
RANK, TITLE to occupant
AND under color of
IMPROPER title.
USE OF • Republic Act No.
NAMES, 75 provides
UNIFORMS penalty for
AND INSIGNIA usurping
authority of
ARTICLE 177 diplomatic,
USURPATION consular or other
OF AUTHORITY official of a
OR OFFICIAL foreign
FUNCTIONS government in
addition to the
Two offenses penalty imposed
contemplated by the Revised
in Art. 177: Penal Code
1. Usurpation of • There must be a
authority positive, express,
2. Usurpation of and explicit
official representation on
functions the part of the
offender
How
committed: The acts performed
1. By knowingly must pertain to:
misrepresenti 1. The
ng oneself to Governm
be an officer, ent
agent or 2. To
representativ any
e of the person in
government, authority
whether 3. To any
local, public
national or officer
foreign;
2. By ARTICLE
performing 178
any act USING
pertaining to FICTITIOUS
a person in NAME AND
authority or CONCEALIN
public officer G TRUE
of the NAME
government
under the Elements: (using
pretense of fictitious name)
official 1. That the offender
position and uses a name
without other than his
authority. real name;
2. That he uses that
fictitious name
publicly;
153
CRIMINAL LAW BOOK
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3. That the purpose
of the offender is
—
a. To conceal a
crime; Using Fictitious Name Concealing True Name
b. To evade the
execution of Element of publicity must be Element of publicity is not
a judgment; present. necessary.
or
The purpose is either to The purpose is merely to
c. To cause
conceal a crime, to evade the conceal identity.
damage to execution of a judgment, or to
public cause damage.
interest.
 Damage must be
to public interest.
If damage is to
private interest,
the crime will be
Fictitious name –
estafa under Art.
any other name
315, 2(a).
which a person
publicly applies to
Elements:
himself without
(Concealing
authority of law
true name)
1. That the
offender
conceals:
a. his true
name,
b. all other
personal
circumstance
s; Using Usurpation Estafa Using
2. That the purpose Fictitious of Civil (par. Fictitious
is only to conceal Name (Art. Status 2a, Art. Name Under
178) (Art. 348) 315) P.D. 1829
his identity.
Purpose of Purpose Purpose Purpose of
the is to enjoy is publicly using a
offender is the rights fictitious name
to (a) arising to is to conceal a
conceal a from the defraud crime, evade
crime; (b) civil status third prosecution or
evade the of the persons the execution
execution person of a judgment
of a imperson or concealing
judgment; ated his true name
or (c) to and other
cause personal
damage to circumstances
public for the same
interest. purpose or
purposes
• The crimes
under this
Article may
be
complexed
with the
154
crime of shall apply
delivering for authority
prisoners therefor in
from jail, but proceedings
may not be like those
complexed legally
with evasion provided to
of service of obtain judicial
sentence. authority for
a change of
COMMO name.
NWEALTH • No person
ACT NO. shall be
142, as allowed to
amended by secure such
REPUBLIC judicial
ACT NO. authority for
6085 An Act more than
Regulating one alias. 
the Use of The petition
Aliases for an alias
shall set
General rule: No forth:
person shall use 1. The
any name person’s
different from the baptisma
one with which l and
he was family
registered at birth name
in the office of the and the
local civil registry, name
or with which he recorded
was registered in in the
the Bureau of civil
Immigration upon registry,
entry, or such if
substitute name different,
as may have his
been authorized immigran
by a competent t’s name,
court. if an
alien,
Exception: As and his
pseudonym pseudon
solely for literary, ym, if he
cinema, has such
television, radio names
or other other
entertainment than his
purposes and in original
athletic events or real
where the use of name,
pseudonym is a 2. The
normally reason
accepted or
practice. reasons
• Any person for the
desiring to use of
use an alias the
155
CRIMINAL LAW BOOK
TWO
desired private
alias. transaction or
• The judicial shall sign or
authority for execute any
the use of public or
alias, the private
Christian document
name and without
the alien’s stating or
immigrant affixing his
name shall real or
be recorded original name
in the proper and all
local civil names or
registry, and aliases or
no person pseudonym
shall use any he is or may
name or have been
names other authorized to
than his use.
original or
real name ARTICLE
unless the 179
same is or ILLEGAL USE OF
are duly UNIFORM OR
recorded in INSIGNIA
the proper
local civil Elements:
registry. 1. That the offender
• No person makes use of
having been insignia, uniform
baptized with or dress;
a name 2. That the insignia,
different from uniform or dress
that with pertains to an
which he was office not held by
registered at the offender or to
birth in a a class of person
local civil of which he is not
registry, or in a member; and
case of an 3. That said
alien, insignia, uniform
registered in or dress is used
the bureau of publicly and
immigration improperly.
upon entry,
or any • Wearing the
person who uniform of an
obtained imaginary office
judicial is NOT
authority to punishable. The
use an alias, office must
or who uses actually exist.
a • An EXACT
pseudonym, IMITATION of a
shall uniform or dress
represent is
himself in UNNECESSARY.
any public or
156
• Republic Act No. FALSE
493 punishes the TESTIMONY
wearing of AGAINST A
insignia, badge DEFENDANT
or emblem of
rank of the Elements:
members of the 1. That there be
Armed Forces of a criminal
the Philippines or proceeding;
Constabulary. 2. That the
• Republic Act No. offender
75 punishes the testifies
use of uniform, falsely under
decoration or oath against
regalia of a the
foreign defendant
State therein;
• Executive Order 3. That the
No.297 punishes offender
the illegal who gives
manufacture, false
sale, distribution testimony
and use of PNP knows that it
uniforms, is false;
insignias and  Good faith is a
other defense
accoutrements. 4. That the
defendant
SECTION TWO: against
FALSE TESTIMONY whom the
false
False testimony – is testimony is
committed by any given is
person who, being either
under oath, and acquitted or
required to testify as convicted in
to the truth of a a final
certain matter at a judgment.
hearing before a
competent authority, • Penalty
shall deny the truth depends
or say something upon the
contrary to it. sentence of
the
Three forms of defendant
false testimony against
1. False Testimony whom false
in Criminal testimony
Cases was given.
(Art. 180-181) • Defendant
2. False Testimony must be
in Civil Cases sentenced to
(Art. 182) at least a
3. False Testimony correctional
in other cases penalty or a
(Art. 183) fine, or must
be acquitted.
ARTICLE 180
157
CRIMINAL LAW BOOK
TWO
• The offender the acquittal
is liable even and it need
if his not benefit
testimony the
was not defendant.
considered • Conviction or
by court. The acquittal of
law intends defendant in
to punish the principal
mere giving case is not
of false necessary.
testimony. • False
• The testimony is
testimony punished not
must be because of
complete. the effect it
• Art. 180 actually
applies to produces but
Special because of
Penal Laws its tendency
because to favor or to
Special prejudice the
Penal Laws defendant.
follow the • A defendant
nomenclatur who falsely
e of the testifies in his
Revised own behalf in
Penal Code a criminal
case can
ARTICLE 181 only be guilty
FALSE of Art. 181
TE when he
ST voluntarily
IM goes upon
O the witness
NY stand and
FA falsely
VO imputes to
RA some other
BL person the
E commission
TO of a grave
TH offense. If he
E merely
DE denies the
FE commission
ND of the crime
AN or his
T participation
therein, he
• The false should not be
testimony in prosecuted
favor of the for false
defendant testimony.
need not (U.S.
directly vs. Soliman
influence the 36 Phil.5
decision of [1917])
158
• Testimony party prosecutes
must be another for the
complete. enforcement or
• Rectification protection of a
made right, or the
spontaneousl prevention or
y after redress or a
realizing the wrong and that
mistake is every other
not false remedy is a
testimony. special
ARTICLE proceeding
182 (People vs.
FALSE Hernandez 67
TESTIMONY O.G. 8330).
IN
CIVIL • The criminal
CASES action for false
testimony must
Elements: be suspended
1. That the when there is a
testimony must pending
be given in a civil determination of
case; the falsity of the
2. That the subject
testimony must testimonies of
relate to the private
issues presented respondents in
in said case; the civil case
3. That the (Ark Travel
testimony must Express vs.
be false; Judge Abrogar
4. That the false 410 SCRA 148
testimony must [2003]).
be given by the
defendant ARTICLE
knowing it to be 183
false; PERJURY
5. That the
testimony must Two ways of
be malicious and committing perjury:
given with an 1. By falsely
intent to affect testifying under
the issues oath;
presented in said 2. By making a
case. false affidavit.
• Falsely testifying
• Art. 182 is NOT under oath must
applicable when NOT be in a
the false judicial
testimony is proceeding.
given in special • Testimony must
proceedings. be complete.
Civil case – an Elements:

ordinary suit in a 1. That the accused
court of justice, made a
by which one
159
CRIMINAL LAW BOOK
TWO
statement under of any witness
oath or executed who testifies.
an affidavit upon
a material matter; Material – when
2. That the it is directed to
statement or prove a fact in
affidavit was issue.
made before a
competent officer Relevant – when
authorized to it tends in any
receive and reasonable
administer oath; degree to
3. That in that establish the
statement or probability or
affidavit, the improbability of a
accused made a fact in issue.
willful and
deliberate Pertinent – when
assertion of a it concerns
falsehood; collateral matters
4. That the sworn which make more
statement or or less probable
affidavit the proposition at
containing the issue.
falsity is required
by law. Oath – any form
of attestation by
which a person
Note: However, signifies that he
in People v. is bound in
Angangco (G.R. conscience to
No. L-47693, perform an act
Oct.12, 1943), faithfully and
the SC held that truthfully.
the statement
need not be Affidavit – a
required but that sworn statement
it was sufficient if in writing; a
it was declaration in
AUTHORIZED by writing, made
law to be made. upon oath before
an authorized
Material matter magistrate or
– is the main fact officer.
which is the • Art 183
subject of the governs in
inquiry or any false
circumstance testimony
which tends to given in
prove that fact or cases other
circumstance than those
which tends to punished in
corroborate or Arts 180-182,
strengthen the and in
testimony relative actions for
to the subject of perjury.
inquiry, or which • Good faith or
legitimately lack of
affects the credit malice is a
160
defense in does testify
perjury. under the
• There is no circumstances
perjury if rendering him
sworn guilty of perjury.
statement is • Subornation
not material of perjury is
to the NOT
principal expressly
matter under penalized in
investigation. the RPC, but
• There is no the direct
perjury induction of a
through person by
negligence or another to
imprudence. commit
• Two a perjury may be
contradictory punished under
sworn Art. 183 in
statements relation to Art. 17.
are not
sufficient to ARTICLE
convict of 184
perjury. The OFFERING
prosecution FALSE
must prove TESTIMONY
which of the IN
two EVIDENCE
statements is
false, and Elements:
must show 1. That the offender
that the offered in
statement to evidence a false
be false by witness or
other testimony;
evidence that 2. That he knew the
the witness or
contradictory testimony was
statement. false;
3. That the offer
Competent was made in a
person – a judicial or official
person who has proceeding.
a right to inquire
into the questions • Art. 184 does not
presented to apply when the
him upon matters offender induced
under his a witness to
jurisdiction testify falsely.
Art. 184 applies
Subornation of when the
perjury – is offender
committed by a knowingly
person who presented a false
knowingly and witness, and the
willfully procures latter testified
another to swear falsely.
falsely and he • Testimony must
witness suborned be complete
161
CRIMINAL LAW BOOK
TWO
• Penalty is that for the thing
false testimony if auctioned.
committed in a  Consummated
judicial by mere solicitation.
proceeding and
the penalty is 2. Attempting to
that for perjury if cause bidders to
committed in stay away from
other official an auction by
proceeding. threats, gifts,
promises or any
CHAPTER artifice.
THREE:
FRAUDS Elements:
(Arts. 185- a. That there be
189) a public
auction;
ARTICLE b. That the
185 accused
MACHINATIONS attempted to
IN PUBLIC cause the
AUCTIONS buyers to
stay away
Acts punishable: from that
1. Soliciting any gift public
or promise as a auction;
consideration for c. That it was
refraining from done by
taking part in the threats, gifts,
public auction; promises or
any other
Elements: artifice.
a. That there be d. That the
a public accused had
auction; the intent to
b. That the cause the
accused reduction of
solicited any the price of
gift or a the thing
promise from auctioned.
any of the  Consummated
bidders; by mere attempt.
c. That such gift
or promise ARTICLE 186
was the MONOPOLI
consideration ES AND
for his COMBINATI
refraining ONS
from taking IN RESTRAINT
part in that OF TRADE
public
auction. Acts
d. That the punishable:
accused had 1. Combination
the intent to or conspiracy
cause the to prevent
reduction of free
the price of
162
competition 3. Making
in market. transactions
prejudicial to
By entering lawful
into any commerce or
contract or to increase
agreement or the market
taking part in price of
any merchandise.
conspiracy or
combination T
in the form of h
a trust or e
otherwise, in
restraint of p
trade or e
commerce or r
to prevent by s
artificial o
means free n
competition
in the l
market. i
a
2. Monopoly to b
restrain free l
competition e
in market.
i
By s
monopolizing
any t
merchandise h
or object of e
trade or :
commerce,
or by a
combining .
with any
other person M
or persons to a
monopolize n
said u
merchandise f
or object in a
order to alter c
the prices t
thereof by u
spreading r
false rumors e
or making r
use of any ,
other artifice
to restrain b. Producer
free ,
competition c. Processo
in the r, or
market. d. Importer
of any
163
CRIMINAL LAW BOOK
TWO
merchan by a
dise or corporation
object or
of association,
commerc the president
e. and directors
or managers
The crime is are liable
committed by when they (1)
(1) knowingly
combining, permitted or
(2) (2) failed to
conspiring, or prevent the
(3) agreeing commission
with any of such
person. offenses.
The purpose ARTICLE

is (1) to 187
make IMPORTATION AND
transactions DISPOSITION OF
prejudicial to FALSELY
lawful MARKED
commerce, ARTICLES
or (2) to OR
increase the MERCHANDISE
market price MADE OF GOLD,
of any SILVER
merchandise OR OTHER
or object of P
commerce R
manufacture E
d, produced, CI
processed, O
assembled or U
imported into S
the M
Philippines. E
T
• Mere A
conspiracy L
or S
combination O
is punished. R
• If the offense T
affects any H
food EI
substance or R
other A
particles of L
prime L
necessity, it O
is sufficient Y
that initial S
steps are
taken. Articles or
• When merchandise
offense is involved:
committed
164
1. Gold REPUBLIC
, ACT NO.
2. Silv 8293
er, 3. Intellectual
Other Property
precious Code
metals,
or Intellectual
4. Their alloys. Property Rights
consists of:
Elements: 1. Copyright and
1. That the offender Related Rights;
imports, sells or 2. Trademarks and
disposes any of Service Marks;
those articles; 3. Geographic
2. That the stamps, Indications;
brands or marks 4. Industrial
of those articles Designs;
or merchandise 5. Patents;
fail to indicate the 6. Layout-Designs
actual fineness (Topographies) of
or quality of said Integrated
metal or alloy; Circuits; and
3. That the offender 7. Protection of
knows that the Undisclosed
stamps, brands, Information
or marks fail to
indicate the Technology transfer
actual fineness arrangements -
or quality of said contracts or
metal or alloy. agreements involving
a. Selling the the transfer of
misbranded systematic
articles is knowledge for the
NOT manufacture of a
necessary. product, the
b. Art. 187 does application of a
not apply to process, or rendering
the of a service including
manufacturer management
of contracts; and the
misbranded transfer, assignment
articles. The or licensing of all
manufacturer forms of intellectual
is liable for property rights,
Estafa under including licensing of
Art.315 computer software
subdivision except computer
2(b) of the software developed
Revised for mass market.
Penal Code.
Criminal action
Note: Arts. 188 for
and 189 repetition
have been of
REPEALED by the infringement
Intellectual Property  If infringement
Code. is repeated by
165
CRIMINAL LAW BOOK
TWO
the infringer or by goods that
anyone in involve an
connivance with infringement,
him after finality immediately
of the judgment after customs
of the court clearance of
against the such goods.
infringer, the 2. Pay to the
offenders shall, copyright
without prejudice proprietor or
to the institution his assigns
of a civil action or heirs such
for damages, be actual
criminally liable damages,
therefor.  “The including
making, using, legal costs
offering for sale, and other
selling, or expenses, as
importing a he may have
patented product incurred due
or a product to the
obtained directly infringement
or indirectly from as well as the
a patented profits the
process, or the infringer may
use of a patented have made
process without due to such
the authorization infringement,
of the patentee and in
constitutes proving
patent profits the
infringement.” plaintiff shall
be required
Remedies for to prove
infringement sales only
Any person and the
infringing a right defendant
protected under shall be
this law shall be required to
liable: prove every
1. To an element of
injunction cost which he
restraining claims, or, in
such lieu of actual
infringement. damages and
The court profits, such
may also damages
order the which to the
defendant to court shall
desist from appear to be
an just and shall
infringement, not be
among regarded as
others, to penalty.
prevent the 3. Deliver under
entry into the oath, for
channels of impounding
commerce of during the
imported pendency of
166
the action, acquittal in a
upon such criminal
terms and case.
conditions as • In an
the court may infringement
prescribe, action, the
sales court shall
invoices and also have the
other power to
documents order the
evidencing seizure and
sales, all impounding
articles and of any article
their which may
packaging serve as
alleged to evidence in
infringe a the court
copyright and proceedings.
implements (Sec. 28,
for making P.D. No. 49a)
them. • In
4. Deliver under determining
oath for the number
destruction of years of
without any imprisonment
compensatio and the
n all amount of
infringing fine, the court
copies or shall
devices, as consider the
well as all value of the
plates, infringing
molds, or materials that
other means the
for making defendant
such has produced
infringing or
copies as the manufacture
court may d and the
order. damage that
5. Such other the copyright
terms and owner has
conditions, suffered by
including the reason of the
payment of infringement.
moral and • Any person
exemplary who at the
damages, time when
which the copyright
court may subsists in a
deem proper, work has in
wise and his
equitable and possession
the an article
destruction of which he
infringing knows, or
copies of the ought to
work even in know, to be
the event of an infringing
167
CRIMINAL LAW BOOK
TWO
copy of the 1. Any person, who
work for the is selling his
purpose of: goods and gives
a. Selling, them the general
letting for appearance of
hire, or goods of another
by way manufacturer or
of trade dealer, either as
offering to the goods
or themselves or in
exposing the wrapping of
for sale, the packages in
or hire, which they are
the contained, or the
article; devices or words
b. Distributi thereon, or in any
ng the other feature of
article for their appearance,
purpose which would be
of trade, likely to influence
or for purchasers to
any other believe that the
purpose goods offered
to an are those of a
extent manufacturer or
that will dealer, other than
prejudice the actual
the rights manufacturer or
of the dealer, or who
copyright otherwise clothes
owner in the goods with
the work; such appearance
or as shall deceive
c. Trade the public and
exhibit of defraud another
the of his legitimate
article in trade, or any
public, subsequent
shall be vendor of such
guilty of goods or any
an agent of any
offense vendor engaged
and shall in selling such
be liable goods with a like
on purpose;
convictio 2. Any person who
n to by any artifice, or
imprison device, or who
ment and employs any
fine as other means
above calculated to
mentione induce the false
d. (Sec. belief that such
29, P.D. person is offering
No. the services of
49a) another who has
identified such
Unfair competition: services in the
168
mind of the to the origin,
public; or sponsorship,
3. Any person who or approval
shall make any of his or her
false statement goods,
in the course of services, or
trade or who commercial
shall commit any activities by
other act contrary another
to good faith of a person; or
nature calculated 2. In
to discredit the commercial
goods, business advertising or
or services of promotion,
another (Sec. misrepresent
168.3, s the nature,
Intellectual characteristic
Property Code). s, qualities,
or
False geographic
Designations of origin of his
Origin; False or her or
Description or another
Representation person's
Any person who, goods,
on or in services, or
connection with commercial
any goods or activities
services, or any (Sec. 160,
container for Intellectual
goods, uses in Property
commerce any Code).
word, term,
name, symbol, or • Liable to a
device, or any civil action for
combination damages and
thereof, or any injunction by
false designation any person
of origin, false or who believes
misleading that he or
description of she is or is
fact, or false or likely to be
misleading damaged by
representation of such act.
fact, which: • Independent
1. Is likely to of the civil
cause and
confusion, or administrativ
to cause e sanctions
mistake, or to imposed by
deceive as to law the
the affiliation, offender may
connection, also be
or criminally
association liable.
of such
person with REPUBLIC ACT
another NO. 455
person, or as
169
CRIMINAL LAW BOOK
TWO
Law on Comprehensive
Smuggling Dangerous Drugs
Act of
Acts 2002 (Repealing
punishable: RA
1. That the No.
merchandise 6425
must have ,
been othe
fraudulently rwis
or knowingly e
imported kno
contrary to wn
law; as
2. That the the
defendant if Dangerous
he is not the Drugs Act
importer of 1972)
himself, must
have Controlled
received, precursors and
concealed, essential chemicals
bought, sold (CP/EC) – include
or in any those listed in Tables
manner I and II of the 1988
facilitated the UN Convention
transportatio Against Illicit Traffic in
n, Narcotic Drugs and
concealment, Psychotropic
or sale of the Substances
merchandise
and that he Dangerous Drugs
must be (DD) – include those
shown to listed in the
have Schedules annexed
knowledge to the 1961 Single
that the Convention on
merchandise Narcotic Drugs, as
had been amended by the
illegally 1972 Protocol, and in
imported. the Schedules
annexed to the 1971
Single Convention on
Psychotropic
Substances
• Any person
TITLE FIVE: charged under
CRIMES any provision of
RELATED TO this Act
OPIUM AND regardless of the
OTHER imposable
PROHIBITED penalty shall
DRUGS NOT be allowed
to avail of the
provisions of
REPUBLIC
plea-bargaining.
ACT NO.
(Sec. 23)
9165
170
• Any person • If the violators
convicted for are government
drug trafficking or officials and
pushing under employees,
this Act, maximum
regardless of the penalties of the
penalty imposed unlawful act plus
by the Court, absolute
CANNOT avail of perpetual
the privilege disqualification
granted by the from any public
Probation Law office shall be
(PD No. 968, as imposed. (Sec
amended). (Sec. 28).
24) • In addition to the
• Notwithstanding penalties
the provisions of prescribed in the
the law to the unlawful act
contrary, a committed, any
positive finding alien who
for the use of violates such
dangerous drugs provisions of this
shall be a Act shall, after
QUALIFYING service of
AGGRAVATING sentence, be
CIRCUMSTANC deported
E in the immediately
commission of a without further
crime by an proceedings,
offender, and the unless death is
applicable the penalty. (Sec.
penalty provided 31)
for in the RPC
shall be Dangerous
applicable. (Sec. Drugs Test and
25) Record
• All proceeds and Requiremen
properties t (Article III)
derived from the The following
unlawful acts shall be
under this Act subjected to
shall be undergo drug
confiscated and testing:
forfeited in favor 1. Applicants for
of the State driver’s
(Sec. 20) license.
• PDEA shall take 2. Applicants for
charge and have firearm’s
custody of all license and
DD, CP/EC and for permit to
equipment/ carry
paraphernalia firearms
confiscated, outside of
seized or residence.
surrendered for  All
proper persons
disposition. (Sec. who by
21) the
nature of
171
CRIMINAL LAW BOOK
TWO
their pertinent
professio provision
n carry s of the
firearms Civil
shall Service
undergo Law.
drug 5. Officers and
testing. members of
3. Students the military,
of police and
secondary other law
and enforcement
tertiary agencies
schools. shall undergo
4. Officers and an annual
employees of mandatory
public and drug test.
private 6. All
offices candidates
(whether for public
domestic or office
overseas) whether
 Shall be appointed or
subjecte elected both
d to in the
undergo national or
a local
random government
drug test. shall undergo
Any a mandatory
officer or drug test.
employe (SEE NOTE
e found # 2)
positive
of use of Notes:
dangero 1. The testing
us drugs requirement
shall be is no longer
dealt required for
with those
administr charged
atively before the
which prosecutor’s
shall be office. The
a ground Court held
for that such
suspensi testing is
on or unconstitutio
terminati nal as it
on effectively
subject singles out its
to the subject and
provision seeks to
s of Art. violate his
282 of rights against
the selfincriminati
Labor on and
Code privacy. A
and person
172
accused of No. 157870,
an offense November 3,
does not 2008)
consent to  Those found to
such testing be positive
and neither for
does he dangerous
waive his drugs shall
right to be subjected
privacy to the
simply by provisions of
being a Sec. 15 (Use
person of
accused of a Dangerous
crime. (SJS Drugs),
v. DDB and which
PDEA, G.R. involves
No. 157870, rehabilitation
November 3, for a
2008) minimum
2. The Court period of 6
has also held months for
that the the first
testing offense, or
requirement imprisonment
as to national of 6 to 12
officials years for the
whose second
qualifications offense.
have been  The privilege of
expressly set suspended
in the sentence shall
Constitution, be availed of
such as the only ONCE by an
President, accused drug
Vice President, dependent who
Senators and is a first-time
Congressme offender over
n, is fifteen (15) years
unconstitutio of age at the time
nal. Where of the
the commission of
Constitution the violation of
has Section 15 (Use
expressly set of Dangerous
out the Drugs) but not
qualifications more than
, these are eighteen (18)
exclusive years of age at
and may not the time when
be judgment should
broadened be promulgated.
nor (Sec. 68)
circumscribe
d by Acts Punished:
legislative (For table of acts
fiat. (SJS v. punished see Annex
DDB and J)
PDEA, G.R.
173
CRIMINAL LAW BOOK
TWO
1. Importation of 9. Possession of
dangerous drugs equipment,
and/or controlled instrument,
precursors and apparatus and
essential other
chemicals. paraphernalia for
(Section 4) dangerous drugs.
2. Sale, trading, (Sec. 12)
administration, 10. Possession of
dispensation, dangerous drugs
delivery, during parties,
distribution and social gatherings
transportation of or meetings or in
dangerous drugs the proximate
and/or controlled company of at
precursors and least 2 persons.
essential (Sec. 13)
chemicals. 11. Possession of
(Section 5) equipment,
3. Maintenance of a instrument,
den, dive or apparatus and
resort. (Section other
6) paraphernalia for
4. Employment in dangerous drugs
and visiting a during parties,
den, dive or social gatherings
resort. (Section or meetings or in
7) the proximate
5. Manufacture of company of at
dangerous drugs least 2 persons.
and/or controlled (Sec. 14)
precursors and 12. Use of
essential dangerous drugs.
chemicals. (Sec. 15)
(Section 8) 13. Cultivation or
6. Illegal chemical culture of plants
diversion of classified as
controlled dangerous drugs
precursors and or are sources
essential thereof. (Sec.
chemicals. 16)
(Section 9) 14. Failure to
7. Manufacture or maintain and
delivery of keep records of
equipment, transactions on
instrument, dangerous drugs
apparatus and and/or controlled
other precursors and
paraphernalia for essential
dangerous drugs chemicals. (Sec.
and/or controlled 17)
precursors 15. Unnecessary
essential prescription of
chemicals. dangerous drugs.
(Sec. 10) (Sec. 18)
8. Possession of 16. Unlawful
dangerous drugs. prescription of
(Sec. 11) dangerous drugs.
(Sec. 19)
174
RA 9165.
Other Acts (Sec. 30)
Punished 6. Knowingly
Under RA 9165 consenting
1. Misappropriat to, tolerating,
ion, or authorizing
misapplicatio the use of a
n or failure to vehicle,
account vessel,
seized, aircraft,
confiscated equipment or
or other facility,
surrendered as an
DD, CP/EC instrument in
and plants the
which are importation,
sources of sale, trading,
DD, administratio
instruments, n,
paraphernali dispensation,
a or lab delivery,
equipment, distribution,
including transportatio
proceeds/ n or
properties manufacture
obtained of dangerous
from the drugs, or
unlawful act chemical
(Sec. 27). diversion if
2. Benefitting the same are
from the owned by or
proceeds of under the
trafficking of control or
dangerous supervision
drugs. (Sec. of the officers
27) of juridical
3. Receiving entities.
financial/mat (Sec. 30)
erial 7. Violating any
contributions rule or
from persons regulation
found guilty issued by the
of trafficking DDB
dangerous pursuant to
drugs. (Sec. RA 9165.
27) (Sec. 32)
4. Planting of 8. Issuance of a
dangerous false or
drugs, fraudulent
controlled dangerous
precursors or drug test
essential result. (Sec.
chemicals as 37)
evidence. 9. Violation of
(Sec. 29) the
5. Consenting confidentiality
or knowingly rule on
tolerating any records of
violation of drug
175
CRIMINAL LAW BOOK
TWO
dependents 3. Certification of
under the results of the
voluntary laboratory
submission. examination
(Sec. 72) within 24 hours
10. Failure or from the receipt
refusal to of the subject
appear as a items. When the
witness for volume of the
any violation subject does not
of this act. allow the
(Sec. 91) completion of the
11. Delay or examination
bungling in within 24 hours,
the handling a partial
of the laboratory report
prosecution shall be issued,
of drug with a final
related certification to
cases. (Sec. follow within the
92) next 24 hours.
4. Filing of the
Custody and criminal case in
Disposition of court.
Confiscated, 5. Ocular inspection
Seized, by the Court of
Surrendered the subject
Dangerous seized,
Drugs, confiscated or
Paraphernalia surrendered.
etc. (Sec. 21) 6. Within the next
1. Physical 24 hours, the
inventory and burning or
photograph the destroying of the
articles seized in items in the
the presence of presence of the
the accused, his accused or his
representative or counsel,
counsel, a representative
representative from the media,
from the media DOJ, civil
and the DOJ, society, and any
and any elected elected public
public official official.
who shall be 7. Sworn
required to sign certification of
the copies of the the burning or
inventory and be disposal is
given a copy issued by the
thereof. DDB.
2. Submit the article 8. Submission of
within 24 hours the sworn
to the PDEA certificate of
Forensic destruction or
Laboratory for a burning to the
qualitative court.
and quantitative 9. After
examination. promulgation of
judgment by the
176
court, the information
representative leading to the
sample, with whereabouts,
leave of court, identities, and
shall be turned arrests of any/ all
over to the PDEA of the syndicate
which shall members;
destroy the same 3. He willingly
within 24 hours testifies against
from its receipt. any of the
10. The DDB shall individuals;
be informed of 4. His testimony
the termination of has complied
the case. with the
following:
Note: Non- a. It is
compliance with the necessar
procedure outlined in y for the
Section 21(a), of convictio
Republic Act No. n of the
9165, shall not above
render void and persons;
invalid such seizures b. It is not
of and custody over yet in the
said items, for as possessi
long as the integrity on of the
and evidentiary value State;
of the seized items c. It can be
are properly substanti
preserved by the ally
apprehending corrobor
officers. (People v. ated in
Lopez GR his material
No. 181747 points;
September 29, 2008) d. The
witness
Requisites for has not
immunity from been
prosecution and convicte
punishment: (Sec. d of the
33) crime
1. The accused involving
should be moral
prosecuted for turpitude
violation of Sec. except
7, 11, 12, 14, 15, when
and 19 of the there is
said Act; no
2. Voluntarily gives evidence
information of available
any of these for his
acts: Sec. 4, 5, prosecuti
6, 8, 12, 13, and on other
16; violation of than the
any other testimon
provisions of the y of the
Act if committed witness;
by a syndicate e. The
including any witness
177
CRIMINAL LAW BOOK
TWO
shall 34) The immunity
strictly shall cease and
and the witness shall
faithfully be prosecuted or
comply cited for
without contempt.
delay
any Voluntary
condition submission of a
s/ drug dependent
undertaki to confinement,
ng treatment and
lawfully rehabilitation
imposed (Sec. 54)
by the • The drug
Sate; dependent
f. The may, by
witness himself/
does not herself or
appear through his/
to be the her parent,
most spouse,
guilty; guardian or
and relative within
g. There is the 4th
no direct degree of
evidence consanguinit
of y or affinity,
available apply to the
mistake Board or its
except duly
for the recognized
testimon representativ
y of the e, for
witness. treatment
and
Grounds for rehabilitation
termination of of the drug
immunity: (Sec. dependency
34) • Upon such
1. If the application,
testimony is the Board
false, shall bring
malicious, or forth the
may only matter to the
harass or Court which
prejudice the shall order
accused. that the
applicant be
2. Failure or
examined for
refusal to
drug
testify without
dependency.
just cause.
 If
3. Violating any
positive:
condition for
immunity. a. The
court
issue
Effect of
s an
termination of
order
immunity: (Sec.
178
for cent
reha er,
bilitat will
ion not
and pose
treat a
ment serio
to a us
cent dang
er for er to
not his/
less her
than famil
6 y or
mont com
hs; muni
or ty
b. May
be  Confine
plac ment in a
ed in center
the shall not
care exceed 1
of year,
DOH after
accr which
edite time the
d Court, as
physi well as
cian the
if board,
there shall be
’s no apprised
avail by the
able head of
cent the
er; or treatmen
c. Whe t and
n the rehab
drug center of
depe the
nden status of
t is said drug
unde depende
r 18 nt and
year determin
s e
old, whether
and further
first confinem
time ent will
offen be for
der, the
and welfare
non- of the
confi drug
nem depende
ent nt and
in a his/ her
179
CRIMINAL LAW BOOK
TWO
family or regulation to the
communi contrary, any
ty. person
determined and
Exemption from the found to be
Criminal Liability dependent on
under the Voluntary dangerous drugs
Submission shall, upon
Program petition by the
(Sec. 5): Board or any of
its authorized
Requisites: representative,
1. He/ she has be confined for
complied with the treatment and
rules and rehabilitation in
regulations of the any Center duly
center, the designated or
applicable rules accredited for the
and regulations purpose
of the Board, • Such petition
including the may be filed by
after-care and any person
follow-up authorized by the
program for at Board with the
least 18 months RTC of the
following province or city
temporary where such
discharge from person is found.
confinement in
the center Prescription of the
2. He/ she has offense charged
never been against a drug
charged or dependent under
convicted under the Compulsory
this Act Submission
3. He/ she has no Program (Sec. 63)
record of escape • It will not run
from a center during the time
that the drug
4. He/ she
dependent is
possesses no
under
serious danger to
confinement in a
himself/ herself,
Center or
his/ her family or
otherwise under
the community
the treatment
by his/ her
and rehabilitation
exemption from
program
criminal liability.
approved by
the Board
Compulsory
confinement of a
Suspension of
drug dependent
Sentence of a First-
who refuses to
Time
apply under the
voluntary Minor Offender
submission (Sec. 66)
program (Sec. 61): • Accused: over 15
years old at the
• Notwithstanding
time of violation
any law, rule and
of Sec. 11 of this
180
Act but not more • If the first time
than 18 years old minor offender
at the time when under suspended
the judgment sentence
should have complies with the
been rules and
promulgated regulations of the
after having been Board, the court,
found guilty of upon
said offense. recommendation
Suspension may of the Board,
be given subject shall discharge
to the following the accused and
conditions: dismiss all
 Has not proceedings.
been
previousl Dangerous
y Drugs Board
convicte and Philippine
d of Drug
violating Enforcement
any Agency (Article
provision IX)
of CDDA
of 2002, Dangerous
DDA of Drugs Board –
1972 , shall be the
RPC, or policy-making
any and strategy-
special formulating body
penal in the planning
laws and formulation
 Has not of policies and
been programs on
previousl drug prevention
y and control.
committe
d to a Philippine Drug
Center or Enforcement
to the Agency
care of a (PDEA)- shall
DOHaccr serve as the
edited implementing
physician arm of the Board,
; and and shall be
 Board responsible for
favorably the efficient and
recomme effective law
nds it enforcement of
all the provisions
Discharge After on any
Compliance dangerous drug
with and/or controlled
Conditions of precursor and
Suspended essential
Sentence of a chemical as
First-Time provided in the
Minor Offender Act.
(Sec. 67)
181
CRIMINAL LAW BOOK
TWO
 Among the PD 483 and
powers and 449 are
duties of the repealed
PDEA is to insofar as
prepare for they are
prosecution inconsistent
or cause the with PD
filing of 1602, which
appropriate provides for
criminal and stiffer
civil cases for penalties for
violation of violation of
all laws on the Gambling
dangerous Laws.
drugs,
controlled Gambling – is any
precursors game of chance or
and essential scheme, whether
chemicals, upon chance or skill,
and other wherein wagers
similar consisting of money,
controlled articles or value or
substances, representative of
and assist, value are at stake or
support and made.
coordinate
with other Under PD 1602, the
government following may be
agencies for held liable:
the proper 1. Any person
and effective taking part,
prosecution directly or
of the same. indirectly in any
(Sec. 84 [h]) illegal or
unauthorized
The PDEA shall activities or
be the lead games of
agency in the cockfighting,
investigation of jueteng, jai alai
any violation of or horse racing
RA No. 9165. to include bookie
(Sec. 86, last operations and
par.) game fixing,
numbers, bingo
TITLE SIX: and other forms
CRIMES of lotteries; cara
AGAINST y cruz, pompiang
PUBLIC and the like; 7-11
MORALS and any game
using dice; black
jack, lucky nine,
CHAPTER ONE: poker and its
GAMBLING derivatives,
AND BETTING monte, baccarat,
(ARTS. 195-199) cuajo,
pangguigue and
 Arts. 195-199 other card
and games; pak que,
provisions of high and low,
182
mahjong, domino permitting any
and other games form of gambling
using plastic tiles to be carried on
and the like; slot in a place which
machines, has a reputation
roulette, pinball of a gambling
and other place or that
mechanical prohibited
contraptions and gambling is
devices; doc frequently carried
racing, boat on therein, or in
racing, car racing a public or
and other forms government
of races; building or
basketball, barangay hall; or
boxing, maintainer or
volleyball, conductor the
bowling, above gambling
pingpong and schemes.
other forms of 3. A government
individual or official who is a
team contests to maintainer,
include game conductor or
fixing, point banker of the
shaving and gambling
other schemes, or the
machinations; player, promoter,
banking or referee, umpire,
percentage judge or coach in
game, or any case of game
other game or fixing, point
scheme, whether shaving and
upon chance or other
skill, wherein machinations.
wagers 4. Any person who
consisting of knowingly and
money, articles of without lawful
value or purpose in any
representative of hour of any day,
value are at possesses any
stake or made; lottery list, paper
or any person or other matter
knowingly containing
permitting any letters, figures,
form of gambling signs or symbols
previously pertaining to or in
enumerated to any manner used
be carried on in in the games of
an inhabited or jueteng, jai alai
uninhabited or horse racing
place or in any bookies and
building, vessel similar games of
or other means lotteries and
of transportation numbers which
owned or have taken place
controlled by or about to take
him. place.
2. Any person 5. Any barangay
knowingly official who, with
183
CRIMINAL LAW BOOK
TWO
knowledge of the game was
existence of the carried on in
gambling house an inhabited
or place in his or
jurisdiction fails uninhabited
to abate the place or in
same or take any building,
action in vessel or
connection other means
therewith. of
6. Any security transportatio
officer, security n;
guard, 2. That the
watchman, place,
private or house building,
detective of vessel or
hotels, villages, other means
buildings, of
enclosures and transportatio
the like which n is owned or
have the controlled by
reputation of a the offender
gambling place 3. That the
or where offender
gambling permitted the
activities are carrying on of
being held. such game,
knowing that
Elements of it is a
lottery: gambling
1. Consideratio game.
n;
2. Chance; ARTICLE 196
3. Prize or IMPORTATION
some SALE AND
advantage or POSSESSION
inequality in OF LOTTERY
amount or TICKETS OR
value which ADVERTISEME
is in the NTS
nature of a
prize. Acts punished
relative to
ARTICLE 195 lottery tickets
KNOWINGLY or
PERMITTING advertisements
GAMBLING TO :
BE CARRIED 1. By importing
ON IN A into the
PLACE Philippines
OWNED OR from any
CONTROLLED foreign place
BY THE or port any
OFFENDER lottery ticket
or
Elements: advertisemen
1. That a t.
gambling 2. By selling or
distributing
184
the same in shaving, game
connivance machination, in
with the connection with the
importer. games of basketball,
3. By volleyball, softball,
possessing, baseball; chess,
knowingly boxing bouts, “jai-
and with alai,” “pelota” and all
intent to use, other sports contests,
lottery tickets games or races; as
or well as betting
advertisemen therein except as
ts. may be authorized by
4. By selling or law (Sec. 2)
distributing
the same Definitions:
without 1. Betting – betting
connivance money or any
with the object or article
importer. of value or
representative of
 The value upon the
possession result of any
of any lottery game, races and
ticket or other sports
advertisemen contests
t is prima 2. Game-fixing –
facie any
evidence of arrangement,
an intent to combination,
sell, scheme or
distribute or agreement by
use the which the result
same. of any game,
races or sports
contests shall be
predicted and/or
PRESIDENTI known other than
AL DECREE on the basis of
NO. 483 the honest
Penalizing playing skill or
Betting, ability of the
Game-fixing players or
or participants
Point- 3. Point-shaving –
Shaving and any such
Machination arrangement,
s in combination,
Sport scheme, or
Contests agreement by
which the skill of
Note: This repealed ability of any
Article 197 (Betting in player or
Sports Contests) of participant in a
RPC. game, race or
sports contest to
make points or
Acts punishable:
scores shall be
Game-fixing, point-
limited
185
CRIMINAL LAW BOOK
TWO
deliberately in court. This
order to influence penalty shall also
the result thereof be imposed
in favor of one or when the
the other team, offenders
player or compose a
participant syndicate of five
therein or more persons.
4. Game • In case of any
machination – other offender;
any other he shall, upon
fraudulent, conviction, be
deceitful, unfair punished by
or dishonest prision
means, method, correccional in its
manner or medium period
practice and a fine of
employed for the 1,000 pesos with
purpose of subsidiary
influencing the imprisonment in
result of any case of
game, race or insolvency at the
sports discretion of the
contest (Sec 1) court.
• When the
Liability of offender is an
offenders: official or
• When the employee of any
offender is an government
official, such as office or agency
promoter, concerned with
referee, umpire, the enforcement
judge, or coach or administration
in the game, of laws and
race, sports regulations on
contests, or the sports the
manager or penalty provided
sponsor of any for in the
participating preceding
team, individual, paragraph shall
or player therein, be imposed. In
or participants or addition, he shall
players in such be disqualified
games, races, or from holding any
other sports public office or
contests, he employment for
shall, upon life. If he is an
conviction be alien, he may be
punished by deported.
prision (Section 3)
correccional in its
maximum period ARTICLE 198
and a fine of ILLEGAL
2,000 pesos with BETTING ON
subsidiary HORSE RACES
imprisonment in
case of Acts
insolvency, at the punishable in
discretion of the
186
illegal betting
on horse races: Modified by: PD
1. By betting on 449
horse races
during the Under PD 449,
periods not the following
allowed by may be held
law. liable:
2. By 1. Any person
maintaining who, directly
or employing or indirectly,
a totalizer or participates
other device in cockfights,
or scheme by betting
for betting on money or
races or other
realizing valuable
profit things in a
therefrom, day other
during the than those
periods not permitted by
allowed by law.
law. 2. Any person
Totalizer: a who, directly
machine for or indirectly,
registering and organizes
indicating the cockfights at
number and which bets
nature of bets are made in
made on horse a day other
races. than those
permitted by
Horse Races law.
are allowed 3. Any person
during: who, directly
1. Sundays not or indirectly,
reserved participates
2. 24 Saturdays in cockfights,
3. Legal by betting
Holidays money or
EXCEPT: other
a. Independ valuable
ence things at a
Day place other
b. Rizal than a
Day licensed
c. Registrat cockpit.
ion or 4. Any person
Voting who, directly
day or indirectly,
d. Holy organizes
Thursday cockfights at
e. Good which bets
Friday are made at
a place other
ARTICLE 199 than a
ILLEGAL licensed
COCKFIGHTIN cockpit.
G
187
CRIMINAL LAW BOOK
TWO
5. Owner, CHAPTER
manager or TWO:
lessee of the OFFENSES
cockpit who AGAINST
shall permit DECENCY
gambling of AND GOOD
any kind on CUSTOMS
the premises (ARTS. 200-
of the cockpit 202)
or place of
cockfighting ARTICLE
during 200
cockfights. GRAVE
SCANDAL
Cockfighting is
allowed during: Elements:
1. Sundays 1. That the offender
2. Legal Holidays performs an act
EXCEPT: or acts.
a. Rizal Day 2. That such act or
b. Independenc acts be highly
e Day scandalous as
c. National offending against
Heroes Day decency or good
d. Holy customs.
Thursday 3. That the highly
e. Good Friday scandalous
f. Election or conduct is not
Referendum expressly falling
Day within any article
g. During the of this Code.
Registration 4. That the act or
days for acts complained
election or of be committed
referendum in a public place
3. During local or within the
fiestas for not public
more than 3 knowledge or
days view.
4. During
provincial, city or Decency – means
municipal, proprietary of
agricultural, conduct; proper
commercial or observance of the
industrial fair, requirements of
carnival or modesty, good taste,
exposition for a etc.
similar period of
three days Customs –
established usage,
social conventions
carried on by
tradition and
enforced by social
disapproval of any
violation thereof
188
Grave scandal – public
consists of acts morals.
which are offensive 2. The
to decency and good authors
customs which, of
having committed obscene
publicly, have given literature,
rise to public scandal published
to persons who have with their
accidentally knowledge in
witnessed the same any form; the
editors
• If the act or publishing
acts of the such
offender are literature;
punished and the
under another owners,
article of the operating
Revised Penal the
Code, Art. 200 establishmen
is NOT t or selling
applicable. the same. 
• When the acts Mere
were possession is
performed in a not
private house punishable.
and seen by  The crime
one person, of illegal
the crime was publicati
not committed. on is
also
Grave Scandal committe
d when
Refers to moral scandal. the real
It does not necessarily printer’s
disturb public peace.
name is
However, it must be
not
committed within public
divulged.
view.
3. Those who,
in theaters,
ARTICLE 201
fairs,
IMMORAL
cinematograp
DOCTRINES,
hs or any
OBSCENE
other place,
PUBLICATI exhibit
ONS AND indecent or
EXHIBITION immoral
S, shows which
AND INDECENT are
SHOWS proscribed or
are contrary
Persons Liable: to morals,
1. Those who good
shall publicly customs,
expound or established
proclaim policies,
doctrines lawful orders,
openly and decrees and
contrary to edicts
189
CRIMINAL LAW BOOK
TWO
4. Those who Disposition of
shall sell, prohibited articles:
give away or The disposition of the
exhibit films, literature, films,
prints, prints, engravings,
engravings, sculptures, paintings
sculpture or or other materials
literature involved in violation
which are shall be governed by
offensive to the following rules:
morals 1. Upon conviction
of the offender –
 Publicity is to be forfeited in
required. favor of the
government to be
Morals – imply destroyed.
conformity with 2. Where the
the generally criminal case
accepted against the
standards of violator of the
goodness or decree results in
rightness in an acquittal – to
conduct or be forfeited in
character, favor of the
sometimes, government to be
specifically, to destroyed, after
sexual conduct forfeiture
proceedings
The Test of conducted by the
Obscenity chief
The test is constabulary.
whether the 3. The person
tendency of the aggrieved by the
matter charged forfeiture action
as obscene, is to of the Chief of
corrupt those Police may,
whose minds are within 15 days
open to such after his receipt
immoral of the copy of the
influences, and decision, appeal
into whose hands the matter to the
such a Secretary of the
publication may National Defense
fall and also for review. The
whether or not decision of the
such publication Secretary of the
or act shocks the National Defense
ordinary and shall be final and
common sense unappealable.
of men as an (Sec. 2, P.D.
indecency. 969)
Indecency – an Obscene
act against the publications and
good behavior indecent shows
and a just under RA 7610
delicacy Any person who shall
hire, employ, use,
persuade, induce or
190
coerce a child to himself to some
perform in obscene lawful calling;
exhibition and (Mendicant)
indecent shows, 2. Any person
whether live or in found loitering
video, pose, or model about public or
in obscene semipublic
publications or buildings or
pornographic places or
materials or to sell or tramping or
distribute the said wondering about
materials shall suffer the country or the
the penalty of prision streets without
mayor in its medium visible means of
period. support;
3. Any idle or
If the child used as a dissolute person
performer, subject or who lodges in
seller/ distributor is houses of ill
below twelve (12) fame; ruffians or
years of age, the pimps and those
penalty shall be who habitually
imposed in its associate with
maximum period. prostitutes;
(Vagrant)
Any ascendant, 4. Any person who,
guardian or person not being
entrusted in any included in the
capacity with care of provisions of
a child who shall other articles of
cause and/ or allow this Code, shall
such child to be be found loitering
employed or to in any inhabited
participate in an or uninhabited
obscene play, scene, place belonging
act, movie or show in to another
any other acts without any
covered by this lawful or
section shall suffer justifiable
the penalty of prision purpose.
mayor in its medium 5. Prostitutes
period.
Art. 202 is NOT
ARTICLE applicable to
202 minors Persons
VAGRANTS below eighteen
AND (18) years of age
PROSTITUT shall be exempt
ES from prosecution
for the crimes of
Persons Liable: vagrancy and
1. Any person prostitution under
having no Art. 202 of the
apparent means RPC, of
of subsistence, mendicancy
who has the under PD 1563,
physical ability to and sniffing of
work and who rugby under PD
neglects to apply 1619, such
191
CRIMINAL LAW BOOK
TWO
prosecution parks and
being bridges.
inconsistent with
the United TITLE SEVEN:
Nations CRIMES
Convention on COMMITED BY A
the Rights of the PUBLIC
Child: Provided, OFFICER
That said
persons shall
ARTICLE 203
undergo
WHO ARE
appropriate
PUBLIC
counseling and
OFFICERS
treatment
program. (Sec.
Requisites:
58, RA 9344
otherwise known To be a public
as the “Juvenile officer one must
Justice and be –
Welfare Act of 1. Taking part in
the
2006”)
performance
of public
Prostitutes – functions in
women who, for the
money or profit government,
habitually indulge or performing
in sexual in said
intercourse or Government
lascivious or in any of
conduct. its branches
public duties
Dissolutes- lax, as an
unrestrained, employee,
immoral agent or
subordinate
Ruffians- violent official, of
or lawless any rank or
individuals class; and
2. That his
Persons Liable authority to
under PD 1563 take part in
or the the
Mendicancy performance
Law: of public
• Mendicant functions or
himself to perform
• Any person public duties
who abets must be –
mendicancy a. By
by giving direct
alms directly provision of
to the law, or
mendicants, b. By
exploited popular
infants, and election, or
minors on c. By
public roads,
sidewalks, appointment
192
by KNOWIN
GLY
competent RENDERI
authority. NG
UNJUST
• The term “public JUDGMENT
officers”
embraces every Elements:
public servant 1. That the offender
from the highest is a judge;
to the lowest. For 2. That he renders
the purposes of a judgment in a
the RPC, it case submitted
obliterates the to him for
standard decision;
distinction in the 3. That the
law of public judgment is
officers between unjust;
“officer” and 4. That the judge
“employee.” knows that his
• Temporary judgment is
performance of unjust.
public functions
by a laborer Judgment – the final
makes him a consideration and
public officer determination of a
court of competent
CHAPTER TWO: jurisdiction upon the
MALFEASANCE matters submitted to
AND it, in an action or
MISFEASANCE proceeding
IN OFFICE
(ARTS. 204-212) Unjust judgment –
is one which is
SECTION ONE: contrary to
DERELICTION OF law, or is not
DUT supported by
Y evidence, or both
Misfeasance – Sources of unjust

improper judgment:
performance of some 1. Error, or
act which might 2. Ill-will or revenge,
lawfully be done or
3. Bribery
Malfeasance – the
performance of some • There is no
act which ought not liability at all for a
to be done mere error in
good faith.
Nonfeasance – • There must be
omission of some act evidence that the
which judgment is
ought to be unjust for it
performed cannot be
presumed. The
ARTICLE Supreme Court
204 must have
193
CRIMINAL LAW BOOK
TWO
declared the ARTICLE 206
judgment as UNJUST
unjust in a INTERLOC
certiorari, UTORY
prohibition, or ORDER
administrative
proceeding. Elements:
1. That the
ARTICLE 205 offender is a
JUDGMEN judge;
T 2. That he
RENDERE performs any
D of the
THROUG following
H acts:
NEGLIGENCE a. Knowingl
y renders
Elements: unjust
1. That the interlocut
offender is a ory order
judge; or
2. That he decree,
renders a or
judgment in a b. Renders
case a
submitted to manifestl
him for y unjust
decision; interlocut
3. That the ory order
judgment is or
manifestly decree
unjust; through
4. That it is due inexcusa
to his ble
inexcusable negligen
negligence or ce or
ignorance. ignoranc
e.
“Manifestly
Unjust Interlocutory
Judgment” - It is order – an order
so manifestly which is issued
contrary to law, by the court
that even a between the
person having a commencement
meager and the end of a
knowledge of the suit or action and
law cannot which decides
doubt the some point or
injustice (Albert) matter, but which,
however, is not a
 Abuse of final decision of
discretion or the matter in
mere error of issue
judgment is
NOT Test: Does it
punishable. leave something
to be done in the
trial court with
194
respect to the committe
merits of the d
case? If it does, it through
is interlocutory; if gross
it does not, it is negligen
final. ce,
the crime
ARTICLE 207 committed is
MALI that under
CIOU RA 3019,
S Sec. 3(e).
DELA
Y IN ARTICLE
THE 208
ADMINI PROSECUTI
STRATI ON OF
ON OF OFFENSES;
JUSTIC NEGLIGENC
E E AND
TOLERANC
Elements: E
1. That the
offender is a Acts punished:
judge; 1. By maliciously
2. That there is refraining from
a proceeding instituting
in court. prosecution
3. That he against violators
delays the of the law;
administratio 2. By maliciously
n of justice; tolerating the
4. That the commission of a
delay is crime.
malicious,
that is, the Elements:
delay is 1. That the offender
caused by is a public officer
the judge who has a duty
with to cause the
deliberate prosecution of, or
intent to to prosecute
inflict offenses;
damage on 2. That knowing the
either party in commission of
the case. the crime, he
• Mere does not cause
delay the prosecution
without of the criminal or
malice is knowing that a
NOT a crime is about to
felony be committed he
under tolerates its
this commission; and
article. 3. That the offender
• If the acts with malice
delay is and deliberate
NOT intent to favor the
malicious
, but
195
CRIMINAL LAW BOOK
TWO
violator of the
law. Acts punished:
1. Causing
The guilt of the damage to
offender is a his client,
prejudicial question either:
to the liability of the a. By any
officer charged under malicious
this provision. breach of
professional
Who Can Be duty; or
Offenders in Art. b. Inexcusable
208? negligence or
1. Public officer ignorance
Officers of the • If no
prosecution damage
department, is
whose duty is to caused,
institute criminal attorney
proceedings may be
upon being held
informed administr
atively or
2. Officer of the civilly
law liable.
By reason of
position held by 2. Revealing
them are duty- any of the
bound to cause secrets of his
prosecution and client learned
punishment of by him in his
offenders. professional
capacity
Note: Any person • Damage
who solicits, accepts, is NOT
or agrees to accept necessar
any benefit in y.
consideration of
abstaining from, 3. Undertaking
discounting, or the defense
impeding the of the
prosecution of a opposing
criminal offender is party in the
liable under PD same case
1829. without the
consent of
ARTICLE his first client
209 after having
BETRAYAL undertaken
OF TRUST the defense
BY AN of said first
ATTORNEY client or after
OR having
SOLICITOR received
— confidential
REVELATIO information
N OF from said
SECRETS client
196
• If the consum
client mate the
consents crime.
to the Absent
attorney’ such
s taking acceptan
the ce, only
defense the
of the person
other making
party, the offer
there is or
no crime. promise
is liable
Procurador for
judicial – a Attempte
person who had d
some practical Corruption of a
knowledge of law Public Officer.
and procedure,
but not a lawyer, 2. By accepting
and was a gift in
permitted to consideration
represent a party of the
in a case before execution of
an inferior court an act which
does not
SECTION constitute a
TWO: crime, in
BRIBERY connection
ARTICLE 210 with the
DIRECT performance
BRIBERY of his official
duty.
Acts Punished • The gift
1. By agreeing must be
to perform, or accepted
by by the
performing in public
consideration officer.
of any offer, • The act
promise, gift must be
or present, unjust.
an act
constituting a 3. By agreeing
crime, in to refrain, or
connection by refraining,
with the from doing
performance something
of official which it is his
duties. official duty
• The to do, in
acceptan consideration
ce of the of a gift or
offer or promise.
promise • The third
is form of
enough direct
to bribery
197
CRIMINAL LAW BOOK
TWO
differs does not
from constitute a
prevaric crime, but the
acion in act must be
that in unjust; or
bribery, c. To refrain
the from doing
offender something
refrained which it is his
from official duty
doing his to do;
official 4. That the act
duty in which the
consider offender
ation of a agrees to
gift perform or
received which he
or executes be
promised connected with
. This the
element performance of
is not his official
necessar duties.
y in the
crime of • The provisions of
prevaric Art. 210 are
acion. made applicable
to assessors,
Elements of arbitrators,
direct bribery: appraisal and
1. That the claim
offender be a commissioners,
public officer; experts or any
2. That the other persons
offender performing public
accepts an duties. (Art. 210,
offer or a last par.)
promise or • For the purpose
receives a gift of punishing
or present by bribery, the
himself or temporary
through performance of
another; public functions
3. That such offer is sufficient to
or promise be constitute a
accepted, or person a public
gift or present officer.
received by the
public ARTICLE
officer – 211
a. With a view INDIRECT
to committing BRIBERY
some crime;
or Elements:
b. In 1. That the offender
consideration is a public officer;
of the 2. That he accepts
execution of gifts;
an act which
198
3. That the said and giver of
gifts are offered gift.
to him by reason • Receiving of
of his office. gifts by public
officials and
Direct Bribery employees,
and giving of
As to consideration
gifts by
In both crimes the public officer receivesprivate
gift.
persons, on
As to existence of agreementany
There is No occasion,
agreement including
between the Christmas is
public officer punishable.
and the giver of gift or
present. Note: PD 46
punishes:
As to necessity of the performance of the act
The offender agrees to 1. Any public
perform or performs an official or
act or refrains from employee
doing something, who
because of the gift or receives,
promise. directly or
indirectly;
and
2. Any private
• There is no person who
attempted or gives, or
frustrated offers to give:
indirect  Any gift,
bribery present
because it is or other
committed by valuable
accepting thing to
gifts offered any
to the public occasion
officer by , when
reason of his such gift,
office. If he present
does not or other
accept the valuable
gifts, he does thing is
not commit given by
the crime. If reason
he accepts of the
the gifts, it is former’s
consummate official
d. position,
• It is whether
considered the same
indirect is for
bribery even past
if there was a favors or
sort of an the giver
agreement hopes or
between expects
public officer to
receive a
199
CRIMINAL LAW BOOK
TWO
favor or reclusion
better perpetua, the
treatmen public officer
t in the is liable
future under Article
from the 208 and
public direct bribery.
official or
employe 3. That the
e offender
concerne refrains from
d in the arresting or
discharg prosecuting
e of his the offender
official in
functions consideration
of any
Included within promise, gift
the prohibition is or present.
the throwing of
parties or The guilt of the
entertainments in offender is a
honor of the prejudicial
official or question to the
employees or his liability of the
immediate officer charged
relatives. under this
provision.
ARTICLE 211-A
QUALIFIED ARTICLE 212
BRIBERY CORRUPTION
OF PUBLIC
Elements: OFFICIALS
1. That the
offender is a Elements:
public officer 1. That the
entrusted offender
with law makes, offers
enforcement; or promises or
2. That the gives gifts or
offender presents to a
refrains from public officer;
arresting or and
prosecuting 2. That the offers
an offender or promises
who has are made or
committed a the gifts or
crime presents given
punishable to a public
by reclusión officer, under
perpetua circumstances
and/or death; that will make
the public
Note: If the officer liable for
crime direct bribery
committed is or indirect
punishable bribery.
by a penalty
less than
200
• This article is not yet in the
concerned with possession
the liability of the of the State
person who shall d. Such
have made the information
offers or and
promises or testimony
given the gifts to can be
the public officer. corroborated
• The crime is on its
attempted if the material
offer, promise, points; and
gift or present e. The
was refused and informant or
consummated if witness has
accepted. not been
• PD 749 grants previously
immunity from convicted of
prosecution to a crime
givers of bribes involving
and other gifts moral
and to their turpitude.
accomplices if
they willingly REPUBLIC
testify against ACT NO.
public officers or 3019
employees in As amended by
bribery and other RA 3047, PD 77,
graft cases. For and BP
the immunity to 195 Anti-Graft and
be enjoyed, the Corrupt Practices
following Act
conditions must
concur: Section 2.
a. The Definition of Terms
information
must refer to Government – the
consummate national government,
d violations the local government,
of any of the the GOCCs and all
provisions of other
law, rules instrumentalities or
and agencies of the
regulations government
mentioned in
PD 749; Public officer –
b. The elective and
information appointive officials
and and employees,
testimony are permanent or
necessary for temporary, whether in
the the classified or
conviction of unclassified or
the accused exempt services
public officer; receiving
c. Such compensation, even
information nominal from the
and government.
testimony are
201
CRIMINAL LAW BOOK
TWO
persuaded,
“Receiving any gift” induced, or
- accepting directly or influenced to
indirectly a gift from a commit such
person other than a violation or
member of the public offense
officer's immediate
family, in behalf of Persons
himself or of any Liable:
member of his family a. Publi
or relative within the c officer who
fourth civil degree, persuades,
either by induces, or
consanguinity or influences
affinity, even on the another
occasion of a family public officer.
celebration or b. Publi
national festivity like c officer who
Christmas, if the is persuaded,
value of the gift is induced or
under the influenced.
circumstances
manifestly excessive. 2. Directly or
indirectly
Section 3. requesting or
Corrupt receiving any
Practices of gift, present,
Public share,
Officials: percentage,
The corrupt or benefit, for
practices herein himself or for
enumerated are any other
in addition to acts person, in
or omissions of connection
public officers with any
already penalized other
by existing law. contract or
1. Persuading, transaction
inducing or between the
influencing government
another and any
public officer other party,
to perform an wherein the
act public officer
constituting a in his official
violation of capacity has
rules and to intervene
regulations under the law
duly  The lack of
promulgated “demand” is
by competent immaterial.
authority or After all, Sec.
an offense in 3(b) of RA
connection 3019 uses
with the the word “or”
official duties between
of the latter, requesting
or allowing and
himself to be receiving.
202
 There must for whom the
be a clear public officer,
intention in any
on the manner or
part of capacity has
the public secured or
officer to obtained, or
take the will secure or
gift so obtain, any
offered government
and permit or
consider license, in
it as his consideration
or her for the help
own given or to be
property given,
from then without
on. Mere prejudice to
physical Sec. 13 of
receipt this Act.
unaccom
panied by 4. Accepting or
any other having any
sign, member of
circumsta his family
nce or act accept
to show employment
acceptan in a private
ce is not enterprise
sufficient which has
to lead pending
the court official
to business with
conclude him during
that the the pendency
crime has thereof or
been within 1 year
committe after his
d. termination.
(Peligrino
vs. 5. Causing any
People, undue injury
G.R. No. to any party,
136266, including the
August government,
31, 2001) or giving any
private party
3. Directly or any
indirectly unwarranted
requesting or benefits,
receiving any advantage or
gift, present preference in
or other the discharge
pecuniary or of his
material administrativ
benefit, for e or judicial
himself or for functions
another, from through
any person manifest
203
CRIMINAL LAW BOOK
TWO
partiality, act, not
evident bad inadvertently
faith or gross but willfully
inexcusable and
negligence. intentionally
This with a
provision conscious
shall apply to indifference
officers and to
employees of consequence
offices or s in so far as
Government other
corporations persons may
charged with be affected. It
the grant of is the
licenses or omission of
permits or that care
other which even
concessions inattentive
• To be held and
liable under thoughtless
said section, men never
the act of the fail to take on
accused their
which caused property.
undue injury (Alejandro v.
must have People, G.R.
been done No. 81031,
with manifest February 20,
partiality, 1989) In case
evident bad of public
faith or gross officials,
inexcusable there is gross
negligence. negligence
• If the act was when a
committed breach of
with malice, duty is
the crime flagrant and
committed palpable.
may be that (Quibal v.
under Article Sandiganbay
207 an, G. R. No.
(malicious 109991, May
delay in the 22, 1995).
administratio
n of justice) 6. Neglecting or
of the RPC. refusing,
• Gross after due
negligence - demand or
negligence request,
characterized without
by the want sufficient
of even slight justification,
care, acting to act within
or omitting to reasonable
act in a time on any
situation matter
where there pending
is a duty to before him
204
for the the
purpose of commis
obtaining, sion of
directly or the act
indirectly, as
from any defined
person by law
interested in and not
the matter the
some charact
pecuniary or er
material thereof
benefit or that
advantage, determi
or for the nes
purpose of whether
favoring his the
own interest provisio
or giving n has
undue been
advantage in violated.
favor of or
discriminatin 8. Directly or
g against any indirectly
other having
interested financial or
party. pecuniary
interest in
7. Entering on any
behalf of the business,
Government, contract or
into any transaction in
contract or connection
transaction with which he
manifestly intervenes or
and grossly takes part in
disadvantage his official
ous to the capacity, or
same, in which he is
whether or prohibited by
not the public the
officer Constitution
profited or or by law
will profit from having
thereby. any interest.
 It is not
necessa 9. Directly or
ry that indirectly
the becoming
public interested,
officer for personal
profited gain, or
or will having
profit material
from the interest in
contract any
or transaction or
transact act requiring
ion. It is the approval
205
CRIMINAL LAW BOOK
TWO
of a board, privilege or
panel or benefit in
group which favor of any
he is a person not
member; and qualified for
which or not legally
exercises entitled to
discretion in such license,
such permit,
approval, privilege or
even if he advantage,
votes against or of a mere
the same or representativ
does not e or dummy
participate in of one who is
the action of not qualified
the board, or entitled.
committee,
panel or 11. Divulging
group valuable
 Interest information of
for a confidential
persona character,
l gain acquired by
shall be his office or
presum by him on
ed account of
against his official
those position to
public unauthorized
officers persons, or
respons releasing
ible for such
the information in
approva advance of
l of its authorized
manifes date
tly  If damage
unlawful was
, caused,
inequita Article
ble, or 229
irregular (revelatio
transact n of
ions or secrets
acts by by an
the officer)
board, under
panel or the RPC
group to is
which committe
they d.
belong.
Section 4.
10. Knowingly Prohibition
approving or on
granting any Private
license, Individuals
permit,
206
1. Taking or indirectly, in
advantage of any business,
family or close transaction,
personal contract or
relation with application with
public official is the government.
punished
Exceptions to
Family the provisions:
relation- a. Any person
include the who prior to
spouse or the
relatives by assumption
consanguinit of office of
y or affinity in any of those
the third civil officials to
degree whom he is
related, has
Close personal been already
relation- include dealing with
close personal the
friendship, social government
and fraternal along the
connections, and same line of
professional business, nor
employment all to any
giving rise to transaction,
intimacy which contract or
assures free application
access to such already
public officer. existing or
pending at
2. Knowingly the time of
inducing or such
causing any assumption
public official to of public
commit any of office
the offenses b. Any
defined in application
Section 3 filed by him,
the approval
Section 5. of which is
Prohibition on not
certain relatives discretionary
• The spouse or on the part of
any relative, by the official or
consanguinity or officials
affinity, within the concerned
3RD CIVIL but depends
DEGREE, of the upon
President, the compliance
Vice-President, with the
Senate requisites
President, or the provided by
Speaker of the law, or rules
House of or regulations
Representatives issued
is prohibited to pursuant to
intervene directly law
207
CRIMINAL LAW BOOK
TWO
c. Any act approval to retain
lawfully his interest also
performed in violates this
an official section.
capacity or in
the exercise Section 8.
of a Prima facie
profession evidence of and
dismissal due
Section 6. to unexplained
Prohibition on wealth
Members of • A public official
Congress who has been
• Members of found to have
Congress during acquired during
their term are his incumbency,
prohibited to whether in his
acquire or name or the
receive any name of other
personal persons, an
pecuniary amount of
interest in any property and/or
specific business money manifestly
enterprise which out of proportion
will be directly to his salary and
and particularly to his lawful
favored or income (RA
benefited by any 1319)  Ground
law or resolution for forfeiture of
authored by unexplained
them. wealth
• The prohibition
shall also apply Section 11.
to any public Prescription of
officer who offenses
recommended • 15 years –
the initiation in prescriptive
Congress of the period of all
enactment or offenses under
adoption of any the Act
law or resolution
and acquires or Section 12.
receives any Termination of
such interest office
during his
incumbency.
No public
• The member of
officer is
Congress or
allowed to
other public
resign or retire:
officer, who,
1. Pending
having such
investigation,
interest prior to
criminal or
the approval of a
administrativ
law or resolution
e or
authored or
2. Pending a
recommended by
prosecution
him, continues
against him
for thirty days
after such
208
3. For any office/positio
offense n;
under the Act 3. By the illegal
or under the or fraudulent
provisions of conveyance
the RPC on or disposition
Bribery of assets
belonging to
Section 14. the
Exception government;
Unsolicited gifts 4. By obtaining,
or presents of receiving or
small or accepting,
insignificant directly or
value offered or indirectly, any
given as a mere shares of
ordinary token of stock, equity
gratitude of or any other
friendship form of
according to local interest or
custom or usage participation
including the
REPUBLIC ACT promise of
NO. 7080 future
ANTI-PLUNDER employment
ACT in any
business
Means or enterprise or
schemes to undertaking;
acquire ill- 5. By
gotten wealth: establishing
1. Through agricultural,
misappropriat industrial or
ion, commercial
conversion, monopolies
misuse or or other
malversation combinations
of public and/or
funds or raids implementing
on the public decrees and
treasury; orders
2. By receiving intended to
directly or benefit
indirectly, any particular
commission, persons or
gift, share, special
percentage interests;
or any other 6. By taking
form of undue
pecuniary advantage of
benefit from official
any person position,
and/or entity authority,
in connection relationship,
with any connection or
government influence to
contract/proje unjustly
ct or by enrich
reason of his
209
CRIMINAL LAW BOOK
TWO
himself or Perpetua to
themselves. Death
• Mitigating and
 These should be extenuating
committed by a circumstances
combination or shall be
through a series considered by
of acts. There the courts in the
should be at imposition of
least two acts penalty.
otherwise the
accused should Section 4. Rule of
be charged with Evidence
the particular • It is NOT
crime committed necessary to
and not with prove each and
plunder. A every criminal act
COMBINATION done. A pattern
means at least of overt or
two acts of a criminal acts
different category indicative of the
while a SERIES over-all unlawful
means at least scheme or
two acts of the conspiracy shall
same category be sufficient.
(Estrada vs.
Sandiganbayan, Section 6.
G.R. No. Prescription of
148560, Crimes
November 21, • The crime
2001). punishable under
this Act shall
Section 2. prescribe in 20
Definition of the years. However,
Crime of the right of the
Plunder; Penalties State to recover
properties
Plunder – a crime unlawfully
committed by any acquired by
public officer, by public officers
himself , or in from them or
connivance with his from their
family, relatives by nominees or
affinity or transferees shall
consanguinity, not be barred by
business associates, prescription or
subordinates or other laches or
persons, by estoppel.
amassing, • Plunder is a
accumulating or crime malum in
acquiring ill-gotten se because the
wealth in the constitutive
aggregate amount or crimes are mala
total value of at least in se. The
50 million pesos. elements of
• Penalty: mens rea must
Reclusion be proven in a
prosecution for
plunder. (Estrada
210
vs. By 2.
Sandiganbayan, demanding,
G.R. No. directly or
148560, indirectly, the
November 21, payment of
2001) sums
different from
or larger than
those
authorized by
CHAPTER THREE: FRAUDS AND law,ILLEGAL
in the
EXACTIONS AND TRANSACTIONS of
collection
(ARTS. 213-216) taxes,
reason of the transaction. It is sufficient
that the public officer who acted in his
official capacity had the intent to defraud
licenses,
ARTICLE 213 fees, and
FRAUD AGAINST other imposts
THE TREASURY 3. By failing
AND voluntarily to
SIMI issue a
LAR receipt, as
OF provided by
OFF law, for any
ENS sum of
ES money
collected by
Acts Punished him officially,
in the
1. By entering
collection of
into an
taxes,
agreement
licenses, fees
with any
and other
interested
imposts
party or
4. By collecting
speculator or
or receiving,
making use
directly or
of any other
indirectly, by
scheme, to
way of
defraud the
payment or
Government,
otherwise,
in dealing
things or
with any
objects of a
person with
nature
regard to
different from
furnishing
that provided
supplies, the
by law, in the
making of
collection of
contracts, or
the taxes, licenses,
adjustment or fees and other
settlement of imposts
accounts
relating to Elements of
public frauds against
property or public treasury
funds (Par. 1):
211
CRIMINAL LAW BOOK
TWO
1. That the contracts, or
offender be a the
public officer; adjustments
2. That he or settlement
should have of accounts
taken relating to
advantage of public
his office, property or
that is, he funds.
intervened in • This crime is
the consummate
transaction in d by merely
his official entering into
capacity; an
3. That he agreement
entered into with any
an interested
agreement party or
with any speculator or
interested by merely
party or making use
speculator or of a scheme
made use of to defraud
any other the
scheme with government.
regard to a. It is not
Furnishing necessary
supplies that the
b. The government
making is actually
of defrauded by
contracts the Government.
, or
c. The Elements of illegal
adjustme exactions (Pars. 2-
nt or 4):
settleme 1. The offender is a
nt of public officer
accounts entrusted with
relating the collection of
to public taxes, licenses,
property fees and other
or funds imposts;
4. That the 2. He is guilty of
accused had any of the
intent to following acts or
defraud the omissions:
Government. a. Demanding,
directly or
• The offender indirectly, the
must have payment of
the duty as sums
public officer different from
to deal with or larger than
any person those
with regard to authorized by
furnishing law; or
supplies, b. Failing
making of voluntarily to
212
issue a Administrative
receipt, as Code applies.
provided by
law , for any ARTICLE
sum of 214
money OTHER
collected by FRAUDS
him officially;
or Elements:
c. Collecting or 1. That the offender
receiving, is a public officer;
directly or 2. That he takes
indirectly, by advantage of his
way of official position;
payment or 3. That he commits
otherwise, any of the frauds
things or or deceits
objects of a enumerated in
nature Arts. 315 to 318
different from (estafa, other
that provided forms of
by law. swindling,
swindling a
• Mere demand for minor, and other
larger or different deceits).
amount is • The penalty
sufficient to under this article
consummate a is in addition to
crime. the penalties
• When there is prescribed in the
deceit in Articles violated.
demanding a • Not a crime but
greater fee than considered as a
those prescribed special
by law, the crime aggravating
committed is circumstance
estafa and not
illegal exaction.
• A tax collector
who collected a ARTICLE 215
sum larger than PROHIBITED
that authorized TRANSACTION
by law and spent S
the same is guilty
of illegal exaction Elements:
and
1. That the
malversation.
offender is an
• Officers or
appointive
employees of the
public officer;
Bureau of
Examples:
Internal Revenue
justices,
or Bureau of
judges or
Customs are not
fiscals,
covered by this
employees
article. The
engaged in
National Internal
the collection
Revenue Code
and
or the
administratio
213
CRIMINAL LAW BOOK
TWO
n of public investme
funds nt and is
2. That he not a
becomes violation
interested, of the
directly or article.
indirectly, in But
any buying
transaction of regularly
exchange or securitie
speculation; s for
3. That the resale is
transaction speculati
takes place on.
within the
territory ARTICLE 216
subject to his POSSE
jurisdiction; SSION
4. That he OF
becomes PROHIB
interested in ITED
the INTERES
transaction T BY A
during his PUBLIC
incumbency. OFFICER
• The
transacti Persons liable:
on must 1. Public officer
be one of who, directly
exchang or indirectly,
e or became
speculati interested in
on, such any contract
as or business
buying in which it
stocks was his
and official duty
selling to intervene.
stocks, 2. Experts,
commodi arbitrators,
ties, and private
land, accountants
etc., who, in like
hoping to manner, took
take part in any
advantag contract or
e of an transaction
expected connected
rise and with the
fall in estate or
price. property in
• Purchasi the appraisal,
ng of distribution or
stocks or adjudication
shares in of which they
a had acted.
company 3. Guardians
is simply and
an executors
214
with respect PRESUMPTI
to the ON OF
property MALVERSATIO
belonging to N
their wards or
the estate. Acts punished:
1. By appropriating
• Actual fraud public funds or
is NOT property.
necessary, 2. By taking or
the act is misappropriating
punished the same.
because of 3. By consenting, or
the possibility through
that fraud abandonment or
may be negligence,
committed or permitting any
that the other person to
officer may take such public
place his own funds or property.
interest 4. By being
above that of otherwise guilty
the of the
government misappropriation
or party or malversation
which he of such funds or
represents. property.
• Intervention
must be by Common elements:
virtue of 1. That the offender
public office be a public
held. The officer.
official who 2. That he had
intervenes in custody or
contracts control of funds
which have or property by
no reason of the
connection duties of his
with his office office
cannot 3. That those funds
commit the or property were
crime defined public funds or
under this property for
Article which he was
accountable
4. That he
CHAPTER FOUR: MALVERSATION OF
appropriated,
PUBLICFUNDS OR PROPERTY
took,
(ARTS. 217-222) misappropriated
or consented, or
ARTICLE through
217 abandonment or
MALVERSATION negligence,
OF PUBLIC FUNDS permitted
OR another person
PROPERTY to take them.
—
215
CRIMINAL LAW BOOK
TWO
Custody- means When demand is
guarding or keeping made to the
safe; accountable officer to
care account for the funds
and property and the
• Funds or same is not
property must be forthcoming, this
received in shall be a prima facie
official capacity. evidence that he has
Hence, if the put such missing
public officer had funds or property to
no authority to personal use.
receive the • The return of
money and he the funds
misappropriated malversed is
the same, the only
crime is estafa, mitigating,
not malversation. not
• The penalty for exempting
malversation is circumstance
the same .
whether • Demand is
committed with NOT
malice or through necessary in
negligence or malversation.
imprudence. Damage to
• Nature of the the
duties of the government
public officer, not is also not
the name of the necessary.
office, is
controlling. Malversation is
principally
Malversation may distinguished
be committed by from estafa by:
private individuals 1. The public or
in the following private
cases: character of
1. Those in the accused.
conspiracy with 2. The nature of
public officers the funds.
guilty of 3. The fact that
malversation conversion is
2. Those who are not required
accessory or in
accomplice to a malversation.
public officer 4. The rule that
3. Custodian of there is no
public funds or need of prior
property in demand in
whatever malversation.
capacity 5. The absence
4. Depositary or of a
administrator of requirement
public funds or of damage in
property malversation.
Presumption ARTICLE 218
216
FAILURE OF malversation
ACCOUNTABLE under Art.
OFFICER 217.
TO
REN ARTICLE 219
DER FAILURE
ACC OF
OUN RESPONSI
TS BLE
PUBLIC
Elements: OFFICER
1. That the TO
offender is a RENDER
public officer, ACCOUN
whether in TS
the service or BEFORE
separated LEAVING
therefrom. THE
2. That he must COUNTR
be an Y
accountable
officer for Elements:
public funds 1. That the
or property. offender is a
3. That he is public officer;
required by 2. That he must
law or be an
regulation to accountable
render officer for
accounts to public funds
the or property;
Commission 3. That he must
on have
Audit, or to a unlawfully left
provincial (or be on the
auditor. point of
4. That he fails leaving) the
to do so for a Philippines
period of two without
months after securing from
such the
accounts Commission
should be on Audit a
rendered. certificate
showing that
• Demand for his accounts
accounting is have been
NOT finally settled.
necessary.
• It is NOT ARTICLE
necessary 220
that there be ILLEGAL USE
misappropriat OF PUBLIC
ion. If there is FUNDS OR
misappropriat PROPERTY
ion, he would
be liable also Elements:
for
217
CRIMINAL LAW BOOK
TWO
1. That the offender who is under
is a public officer; obligation to
2. That there is a make such
public fund or payment from
property under Government
his funds in his
administration; possession.
3. That such public
fund or property Elements:
has been a. Public officer
appropriated by has
law or ordinance; government
4. That he applies funds in his
the same to a possession.
public use other b. He is under
than that for obligation to
which such funds make
or property has payment
been from such
appropriated by funds.
law or ordinance. c. He fails to
make the
 The crime under payment,
this Article is also maliciously.
referred to as
TECHNICAL 2. By refusing to
MALVERSATION make delivery by
. a public officer
who has been
Illegal Use of Public
ordered by
Funds or Property competent
authority to
The offenders are accountable public officers in both
deliver any
crimes.
property
The offender does not The offender in hisin custody
certain or
derive any personal gain cases profits
underfrom the his
or profit. proceeds of the crime.
administration
The public fund or The public ARTICLEfund 222or
property is applied to property isOFFICERS
applied to the
another public use. personal use and benefit I
of the offender or of N
another person. C
L
ARTICLE U
221 D
FAILURE TO MAKE E
DELIVER D
Y OF I
PUBLIC N
FUNDS
OR T
PROPER H
TY E
Acts Punished P
1. By failing to R
make payment E
by a public officer C
218
E PUBLIC
D OFFICE
I RS
N (ARTS.
G 223-
230)
P
R SECTION ONE:
O DISOBEDIENC
V E,
I REFUSAL OF
S ASSISTANCE,
I AND
O MALTREATME
N NT OF
S PRISONERS
ARTICLE 223
Private CONNIVING WITH
individuals who OR CONSENTING
may be liable TO
under Art. 217- EVASION
221:
1. Private Elements:
individuals 1. That the
who, in any offender is a
capacity public officer;
whatsoever, 2. That he had
have charge in his custody
of any or charge, a
national, prisoner,
provincial or either
municipal detention
funds, prisoner or
revenue or prisoner by
property final
2. Administrator judgment;
, depository 3. That such
of funds or prisoner
property escaped from
attached, his custody;
seized, or 4. That he was
deposited by in
public connivance
authority with the
even if such prisoner in
property the latter’s
belongs to a escape.
private
individual Classes of
(example: prisoner
sheriffs and involved:
receivers) 1. If the fugitive
has been
CHAPTER sentenced by
FIVE: final
INFIDE judgment to
LITY OF any penalty.
219
CRIMINAL LAW BOOK
TWO
2. If the fugitive deliberate non-
is held only performance of
as detention his duties as
prisoner for guard that is
any crime or the gravamen
violation of of the crime of
law or infidelity under
municipal Art. 224.
ordinance. • The fact that
the public
Leniency, laxity officer
and release of recaptured the
detention prisoner who
prisoner who had escaped
could not be from his
delivered to the custody does
judicial authority not afford
within the time complete
fixed by law, are exculpation.
not considered
infidelity in the Liability of
custody of escaping prisoner:
prisoners. 1. If the fugitive is
serving sentence
ARTICLE 224 by reason of final
EVASION judgment, he is
THROUGH liable for evasion
NEGLIGENCE of the service of
sentence under
Elements: Art. 157.
1. That the 2. If the fugitive is
offender is a only a detention
public officer; prisoner, he does
2. That he is not incur criminal
charged with liability.
the
conveyance ARTICLE
or custody of 225
a prisoner, ESCAPE OF
either PRISONER
detention UNDER THE
prisoner or CUSTODY
prisoner by OF A
final PERSON
judgment; NOT A
3. That such PUBLIC
prisoner OFFICER
escapes
through his Elements:
negligence. 1. That the offender
• Not every is a private
negligence or person;
distraction of a 2. That the
guard is conveyance or
penalized. It is custody of a
only that prisoner or
positive person under
carelessness
that is short of
220
arrest is confided checks,
to him; promissory
3. That the prisoner notes, and paper
or person under money.
arrest escapes;
4. That the offender 3. That the said
consents to the documents or
escape of the papers should
prisoner or have been
person under entrusted to such
arrest, or that the public officer by
escape takes reason of his
place through his office;
negligence.
4. That damage,
 Art. 225 is NOT whether serious
applicable if a or not, to a third
private person party or to the
was the one who public interest
made the arrest should have
and he been caused.
consented to the
escape of the • The
person he documen
arrested. t must be
complete
ARTICLE and one
226 by which
REMOVAL, a right
CONCEALM can be
ENT, OR establish
DESTRUCTI ed or an
ON OF obligatio
DOCUMENT n could
S be
extinguis
Elements: hed.
1. That the offender • The
be a public removal
officer; must be
for an
Note: If the illicit
offender is a purpose.
private individual, • The
estafa is crime of
committed if removal
there is damage of public
caused. If there documen
is no damage, t in
the crime is breach of
malicious official
mischief. trust is
2. That he removes, consum
conceals or mated
destroys upon its
documents or removal
papers;  or
“Papers” include secreting
away
221
CRIMINAL LAW BOOK
TWO
from its 2. That he is
usual charged with
place in the custody
the office of papers or
and after property;
the 3. That these
offender papers or
had gone property are
out and sealed by
locked proper
the door, authority;
it being 4. That he
immateri breaks the
al seals or
whether permits them
he has or to be broken.
has not
actually  Damage or
accompli intent to
shed the damage is
illicit not
purpose necessary.
for which
he ARTICLE 228
removed OPENING
said OF CLOSED
documen DOCUMENT
t. S
• Damage Elements:
in this
1. That the
article
offender is a
may
public officer.
consist in
2. That any
mere
closed
alarm to
papers,
the
documents,
public or
or objects are
in the
entrusted to
alienatio
his custody.
n of its
3. That he
confiden
opens or
ce in any
permits to be
branch of
opened said
the
closed
governm
papers,
ent
documents,
service.
or objects.
4. That he does
ARTICLE 227
not have the
OFFICER proper
BREAKING authority.
SEAL
• The closed
document
Elements: must be
1. That the entrusted to
offender is a the custody
public officer; of the
222
accused by 3. That he reveals
reason of his such secret
office. without authority
• If in opening or justifiable
closed reasons;
papers or 4. That damage,
objects, the great or small, be
public officer caused to public
broke the interest.
seal, the
offense • Sec 3 (k) of RA
would be 3019 is violated if
breaking seal there is no
under Art. damage caused
227 and not in revealing the
the crime of secret.
opening a • This article
closed punishes minor
document, official betrayals,
because the infidelities of little
offender consequence,
must be a affecting usually
public officer the
“not included administration of
in the justice, executive
preceding or official duties,
article.” or the general
ARTICLE interest of the
229 public order.
REVELATIO • Secrets must
N OF affect public
SECRETS interests, if not,
BY AN the revelation
OFFICER would constitute
no crime at all.
Acts punished: Elements of No. 2:
1. By revealing any 1. That the offender
secret known to is a public officer;
the offending 2. That he has
public officer by charge of papers;
reason of his 3. That
official capacity. those
2. By delivering papers
wrongfully should not
papers or copies be published;
of papers of 4. That he delivers
which he may those papers or
have charge and copies thereof to
which should not a third person;
be published. 5. That the delivery
is wrongful; and
Elements of No. 1: 6. That damage be
1. That the offender caused to public
is a public officer; interest
2. That he knows of
the secret by • “Charge” here
reason of his means control or
official capacity; custody. If the
public officer is
223
CRIMINAL LAW BOOK
TWO
merely entrusted 2. That he
with the papers knows of the
but not with the secrets of a
custody, he is not private
liable under this individual by
provision. reason of his
• Damage is an office;
element of the 3. That he
offenses defined reveals such
in Art. 229. A secrets
higher penalty is without
provided if authority or
serious damage justifiable
is caused reason.
otherwise a lower
penalty is • If the
imposed. This offender is a
indicates that the lawyer, the
lesser penalty crime under
refers to causing Article 209 is
damage which is committed.
not serious. • If the
offender is a
private
individual,
the crime
under Article
290 or 291 is
Revelation of Secrets committed.
by an Officer • Revelation to
one person is
necessary
The papers contain
and
secrets and therefore
should not be
sufficient, for
published, and the public
public officer having revelation is
charge thereof not required.
removes and delivers • It is NOT
them wrongfully to a necessary
third person. that damage
is suffered by
ARTICLE 230 the private
PUBLIC individual.
OFFICE The reason
R for this
REVEA provision is
LING to uphold
SECRETS faith and trust
OF in public
PRIVATE service.
INDIVIDU
AL CHAPTER SIX:
OTHER
Elements: OFFENSES OR
1. That the IRREGULARITIE
offender is a S BY PUBLIC
public officer; OFFICERS
224
(ARTS. 231-245) decision or
order was
SECTION ONE: made within
DISOBEDIENCE the scope of
, REFUSAL the
OF jurisdiction of
A the superior
S authority and
SI issued with
ST all legal
A formalities;
N 4. That the
C offender
E without any
A legal
N justification
D openly
M refuses to
A execute said
LT judgment,
decision or
R
order, which
E
he is duty
A
bound to
T
obey.
M
E
ARTICLE
N
232
T
DISOBEDIE
O
NCE TO
F
ORDER OF
P
RI SUPERIOR
S OFFICER
O WHEN SAID
N ORDER
E WAS
R SUSPENDE
S D BY
INFERIOR
OFFICER
ARTICLE 231
OPEN
DISOBEDIENC Elements:
E 1. That the offender
is a public officer;
Elements: 2. That an order is
issued by his
1. That the
superior for
offender is a
execution;
judicial or
3. That he has for
executive
any reason
officer;
suspended the
2. That there is
execution of such
a judgment,
order;
decision or
4. That his superior
order of a
disapproves the
superior
suspension of
authority;
the execution of
3. That such
the order;
judgment,
225
CRIMINAL LAW BOOK
TWO
5. That the offender popular election
disobeys his to a public office;
superior despite 2. That he refuses
the disapproval to be sworn in or
of the to discharge the
suspension. duties of said
office; and
 This article does 3. That there is no
NOT apply if the legal motive for
order of the such refusal to
superior is illegal. be sworn in or to
discharge the
ARTICLE duties of said
233 office.
REFUSAL
OF ARTICLE
ASSISTANC 235
E MALTREATM
ENT OF
Elements: PRISONERS
is a public officer. Elements:
2. That a competent 1. That the offender
authority is a public officer
demands from or employee;
the offender that 2. That he has
he lends his under his charge
cooperation a prisoner
towards the convicted by
administration of final judgment or
justice or other a detention
public service. prisoner;
3. That the offender 3. That he maltreats
fails to do so such prisoner in
maliciously. either of the
following
• There must be manners:
damage to the a. By
public interest or overdoin
to a third party. g himself
• If the offender is in the
a private correctio
individual, he n or
may be held handling
liable for of a
contempt. prisoner
or
ARTICLE detention
234 prisoner
REFUSAL TO under his
DISCHARGE charge
ELECTIVE either:
OFFICE i. by
the
Elements: impo
1. That the offender sitio
is elected by n of
puni
shm
226
ents caused.
not There is no
auth complex
orize crime of
d by maltreatment
the of prisoners
regul with serious
ation or less
s, or serious
ii. by physical
inflict injuries, as
ing defined in
such Art. 48.
puni
shm SECTION
ents TWO:
(thos ANTICIPATION,
e PROLONGATIO
auth N AND
orize ABANDONMEN
d) in T OF
a THE DUTIES
cruel AND
and POWERS OF
humi PUBLIC
liatin OFFICE
g
man ARTICLE 236
ner; ANTICIPATION
or OF DUTIES OF
b. By A PUBLIC
maltreati OFFICE
ng such
prisoner Elements:
to extort 1. That the
a offender is
confessi entitled to
on or to hold a public
obtain office or
some employment,
informati either by
on from election or
the appointment;
prisoner. 2. That the law
requires that
• The public he should
officer or first be sworn
employee in and/or
must have should first
actual charge give a bond;
of the 3. That he
prisoner. assumes the
performance
• Offender may of the duties
also be held and powers
liable for of such
physical office;
injuries or
damage
227
CRIMINAL LAW BOOK
TWO
4. That he has office to the
not taken his detriment of the
oath of office public service.
and/or given
the bond Qualifying
required by circumstance –
law. when the
abandonment of the
ARTICLE 237 office has for its
PROLONGING purpose to evade the
PERFORMANC discharge of the
E duties of preventing,
OF DUTIES prosecuting or
AND POWERS punishing any of the
crimes falling within
Elements: Title 1 and Chapter 1
1. That the Title 3 of Book 2 of
offender is this Code
holding a
public office; Negligence and
2. That the Abandonment of Tolerance in
period Office Prosecution of
provided by (Art. 238) Offenses
law, (Art. 208)
regulations or
Committed by any Committed only by public
special
public officer officers who have the
provisions for
duty to institute
holding such
prosecution for the
office, has punishment of violations
already of the law
expired;
3. That he The public officer The public officer does
continues to abandons his office not abandon his office
to evade the but he fails to prosecute
exercise the
discharge of his duty. an offense by dereliction
duties and
of duty or by malicious
powers of
tolerance of the
such office. commission of offenses.
ARTICLE 238
SECTION
ABANDONMEN THREE:
T OF OFFICE USURPATIO
N OF
Elements: POWERS AND
1. That the offender UNLAWFUL
is a public officer; APPOINTMENT
2. That he formally
resigns from his ARTICLE
position; 239
 There must be USURPATION OF
written or LEGISLATIVE
formal POWER
resignation
3. That his Elements:
resignation has 1. That the offender
not yet been is an executive
accepted; or judicial officer;
4. That he 2. That he:
abandons his
228
a. Makes n of any
general rules order or
or regulations decision
beyond the rendered
scope of his by any
authority or judge
b. Attempts to within his
repeal a law jurisdictio
or n.
c. Suspends the
execution ARTICLE 242
thereof. DISOBEYING
REQUEST FOR
ARTICLE DISQUALIFICA
240 TION
USURPATION OF
EXECUTIVE Elements:
FUNCTIONS 1. That the
offender is a
Elements: public officer;
1. That 2. That a
the proceeding is
offender pending
is a before such
judge; 2. public officer;
That he: 3. That there is
a. Assumes a a question
power brought
pertaining to before the
the executive proper
authorities; or authority
b. Obstructs the regarding his
executive jurisdiction,
authorities in which is not
the lawful yet decided;
exercise of 4. That he has
their powers. been lawfully
required to
ARTICLE 241 refrain from
USURPATION continuing
OF JUDICIAL the
FUNCTIONS proceeding;
5. That he
Elements: continues the
1. That the proceeding.
offender is an
officer of the ARTICLE 243
executive ORDE
branch of the RS OR
Government; REQU
2. That he: ESTS
a. Assumes BY
judicial EXECUT
powers; IVE
or OFFICE
b. Obstruct RS TO
s the ANY
executio
229
CRIMINAL LAW BOOK
TWO
JUDICIAL
AUTHORITY
SECTION
Elements: FOUR: ABUSES
1. That the AGAINST
offender is an CHASTITY
executive
officer; ARTICLE
2. That he 245
addresses ABUSES
any order AGAINST
or suggestion CHASTITY –
to any judicial PENALTIES
authority;
3. That the Ways of
order or committing
suggestion abuses
relates to any against
case or chastity:
business 1. By soliciting or
coming within making immoral
the exclusive or indecent
jurisdiction of advances to a
the courts of woman
justice. interested in the
matters pending
ARTICLE 244 before the
UNLAWFUL offending officer
APPOINTMENT for decision, or
S with respect to
which he is
Elements: required to
1. That the submit a report to
offender is a or consult with a
public officer; superior officer.
2. That he 2. By soliciting or
nominates or making immoral
appoints a or indecent
person to a advances to a
public office; woman under the
3. That such offender’s
person lacks custody.
the legal 3. By soliciting or
qualifications making immoral
therefor; or indecent
4. That the advances to the
offender wife, daughter,
knows that sister or relative
his nominee within the same
or appointee degree by affinity
lacks the of any person in
qualification the custody of
at the time he the offending
made the warden or officer.
nomination or
appointment. Elements:
is a public officer;
230
2. That he solicits unchaste and
or makes immoral to a
immoral or woman.
indecent • This crime is
advances to a consummated by
woman; mere proposal. If
3. That such the offender
woman must be succeeds in
— committing a
a. Interested in crime against
matters chastity, the
pending solicitation and
before the advances are
offender for considered
decision, or merely as
with respect preparatory acts.
to which he is • Proof of
required to solicitation is
submit a NOT necessary
report to or when there is
consult with a sexual
superior intercourse.
officer; or
b. Under the Note: See also RA
custody of 7877, the “Anti-
the offender Sexual Harrassment
who is a Act of 1995” which
warden or applies where the
other public accused demands,
officer requests or otherwise
directly requires any sexual
charged with favors from the victim
the care and in a work,
custody of education
prisoners or or
persons training-
under arrest; related environment.
or
c. The wife, TITLE EIGHT:
daughter, CRIMES
sister or AGAINST
relative within PERSONS
the same
degree by
SECTION
affinity of the
ONE:
person in the
PARRICIDE,
custody of
MURDER,
the offender.
HOMICIDE
• The mother of
ARTICLE 246
the person in the
PARRICIDE
custody of the
offender is NOT
included. Elements:
• Solicit means to 1. That a
propose person is
earnestly and killed;
persistently 2. That the
something deceased is
231
CRIMINAL LAW BOOK
TWO
killed by the wanted
accused; and to kill a
3. That the stranger
deceased is but by
the father, mistake
mother, or killed
child, his own
whether father,
legitimate or he will
illegitimate, be held
or a liable
legitimate for
other parricid
ascendant or e BUT
other Art. 49
descendant, will
or the apply
legitimate as
spouse, of regards
the accused. the
proper
Cases of penalty
parricide when to be
the penalty impose
shall NOT be d, that
reclusion is, the
perpetua to penalty
death: for the
1. Parricide lesser
through offense
negligence in its
(Art. 365). maximu
2. Parricide by m
mistake (Art. period.
249).  A
3. Parricide stranger
under who
exceptional coopera
circumstance tes and
s (Art. 247). takes
part in
• The child the
should not be commis
less than 3 sion of
days old; the
otherwise the crime of
crime is parricid
infanticide e is not
(Art. 255) guilty of
• Relationship parricid
of the e but
offender with only of
the victim is homicid
the essential e or
element of murder,
the crime. as the
Hence: case
 If a may be.
person The key
232
element 238, April 30,
in 1985)
parricid • Legitimacy
e is the need NOT be
relation alleged when
ship of the accused
the killed his
offender (1)father, (2)
with the mother or (3)
victim. child.
(People • However with
vs. respect to the
Dalag, other
G.R. ascendant,
No. descendant
129895 or spouse,
, April the
30, relationship
2003) MUST be
 The legitimate.
relation • An adopted
ship child is
betwee considered
n the as a
offender legitimate
and the child BUT
victim since the
must be relationship
alleged. is exclusive
between the
• The law does adopter and
NOT require the adopted
knowledge of child, killing
relationship, the parents
thus, a of the
person who adopter is not
killed another considered
not knowing parricide of
that the latter “other (legitimate)
was his son ascendants”.
will still be
held guilty of ARTICLE
parricide. 247
• The fact that DEATH OR
the husband PHYSICAL
only intended INJURIES
to maltreat INFLICTED
his wife does UNDER
not exempt EXCEPTION
him from AL
liability for CIRCUMSTA
resulting and NCES
more serious
crime Elements:
committed. 1. That a legally
(People vs. married person
Tomotorgo, or a parent
136 SCRA surprises his
spouse or his
233
CRIMINAL LAW BOOK
TWO
daughter, the charge the
latter under 18 defendant with
years of age and parricide
living with him, in and/or
the act of homicide, in
committing case death
sexual results, or of
intercourse with serious
another person; physical
2. That he or she injuries in other
kills any or both cases.
of them, or • For Art. 247 to
inflicts upon any apply, the
or both of them offender must
any serious prove that he
physical injury, in actually
the act or surprised his
immediately wife and (her
thereafter; and paramour) in
3. That he has not flagrante
promoted or delicto, and
facilitated the that he killed
prostitution of his the man during
wife or daughter, or immediately
or that he or she thereafter.
has not Evidence of the
consented to the victim’s
infidelity of promiscuity, is
others. inconsequentia
l to the killing.
• This article (People vs.
does NOT Puedan, G.R.
define and No. 139576,
penalize a September 2,
felony. It 2002)
provides for the • Sexual
imposition of intercourse
the penalty of does NOT
destierro rather include
than the preparatory
ordinary acts.
penalty for • “Immediately
parricide. thereafter” -
• The requisites the discovery,
of Art. 247 the escape, the
must be pursuit and the
established by killing must all
the evidence of form part of
the defense one continuous
and accused act (U.S. vs.
cannot enter Vargas, et al.,
into a 2 Phil 194).
conditional • The accused
plea of guilty must be a
and be legally married
sentenced with person.
destierro since • The parent
the prosecution need NOT be
will have to legitimate.
234
• Applicable only of a price,
when daughter reward or
is single. promise;
• The wife is 3. By means of
entitled to the inundation,
benefits of Art. fire, poison,
247 (People shipwreck,
vs. Corazon, stranding of
59 Phil 568). a vessel,
• No liability for derailment or
less serious or assault upon
slight physical a railroad,
injuries fall of an
suffered by airship, by
third persons means of
during the motor
commission of vehicles, or
the act under with the use
this article of any other
means
Justification for involving
Art. 247: The law great waste
considers the and ruin;
spouse or parent 4. On occasion
as acting in a of any
justified burst of calamities
passion. enumerated
in the
ARTICLE 248 preceding
MURDER paragraph, or
of an
Murder – earthquake,
unlawful killing of eruption of a
any person which volcano,
is not parricide or destructive
infanticide, cyclone,
provided that any epidemic, or
of the following any other
circumstances is public
present: calamity;
1. With 5. With evident
treachery, premeditatio
taking n; or
advantage of 6. With cruelty,
superior by
strength, with deliberately
the aid of and
armed men, inhumanly
or employs augmenting
means to the suffering
weaken the of the victim,
defense, or or outraging
of means or or scoffing at
persons to his person or
insure or corpse. (As
afford amended by
impunity; RA No.
2. In 7659)
consideration
235
CRIMINAL LAW BOOK
TWO
Elements: enumerated in
1. That a Art. 248 must be
person was alleged in the
killed; information.
2. That the
accused • Dismemberment
killed him; of a dead body is
3. That the one manner of
killing was outraging or
attended by scoffing at the
any of the corpse of the
qualifying victim and
circumstance qualifies the
s mentioned killing to murder
in Art. 248; (People vs.
and Guillermo, G.R.
4. That the No. 147786,
killing is not January 20,
parricide or 2004)
infanticide. • Outraging
(physical act) –
means to commit
Rules for the an extremely
application of the vicious or deeply
circumstances insulting act.
which qualify the • Scoffing (verbal
killing to murder: act) – means to
1. That murder will jeer, and implies
exist with only a showing of
one of the irreverence.
circumstances • If homicide or
described in Art. murder is
248. committed with
2. Where there are the use of an
more than one unlicensed
qualifying firearm, such use
circumstance of an unlicensed
present, only one firearm shall be
will qualify the considered as an
killing, with the aggravating
rest to be circumstance.
considered as (R.A. No. 8294,
generic Sec. 1)
aggravating • Treachery and
circumstances. Evident
3. That when the Premeditation
other are inherent in
circumstances murder by means
are absorbed or of Poison BUT
included in one the Use of
qualifying Poison is not
circumstance, inherent in
they cannot be murder. It only
considered as becomes
generic inherent if there
aggravating. is an intent to kill
4. That any of the and the poison is
qualifying used as a means
circumstances to kill.
236
Corpus Delicti-
ARTICLE actual
249 commission of
HOMICIDE the crime
charged and not
Homicide – The the body of the
unlawful killing of any person killed.
person, which is
neither parricide, Accidental
murder nor Homicide – is
infanticide. the death of a
• Intent to kill is person brought
conclusively about by a lawful
presumed when act performed
death results; with proper care
evidence of and skill and
intent to kill is without homicidal
important only in intent. E.g. death
attempted or in boxing bout.
frustrated There is NO
homicide. FELONY
• Intent to kill is committed in this
usually shown by case.
the kind of
weapon used In all crimes
and part of the against persons
body wounded. in which the
death of the
Elements: victim is an
1. That a person element of an
was killed; offense, there
2. That the accused must be
killed him without satisfactory
any justifying evidence of (1)
circumstance; the fact of death
3. That the accused and (2) the
had the intention identity of the
to kill, which is victim.
presumed; and
4. That the killing When there is no
was not attended way of
by any of the determining how
qualifying the attack was
circumstances of committed,
murder, or treachery cannot
by that of be considered
parricide or and the accused
infanticide. is guilty of
homicide only.
The use of an (People vs. Dela
unlicensed Cruz, G.R.
firearm is an No. 152176,
aggravating October 1, 2003)
circumstance in
homicide and is There is no such
NOT to be crime as
considered as a frustrated
separate offense. homicide through
imprudence.
237
CRIMINAL LAW BOOK
TWO
DEATH
ARTICLE 250 CAUSED IN A
PENALTY FOR TUMULTUOUS
FRUST AFFRAY
RATED
PARRI Elements:
CIDE, 1. That there be
MURD several
ER, OR persons;
HOMIC 2. That they did
IDE not compose
groups
• Courts may organized for
impose a the common
penalty two purpose of
degrees assaulting and
lower for attacking each
frustrated other
parricide, reciprocally,
murder or otherwise, they
homicide. may be held
• Courts may liable as co-
impose a conspirators;
penalty three 3. That these
degrees several
lower for persons
attempted quarreled and
parricide, assaulted one
murder or another in a
homicide. confused and
• This tumultuous
provision manner;
is 4. That someone
permissive was killed in
NOT the course of
MANDATOR the affray;
Y. 5. That it cannot
• An attempt be ascertained
on or who actually
conspiracy killed the
against the deceased; and
life of the 6. That the
Chief person or
Executive, persons who
member of inflicted serious
his family, physical
any member injuries or who
of his cabinet used violence
or members can be
of latter’s identified.
family is
punishable Persons liable:
by 1. The person or
death. (PD persons who
1110-A) inflicted the
serious physical
ARTICLE 251 injuries are liable.
2. If it is not known
who inflicted the
238
serious physical ARTICLE
injuries on the 252
deceased – ALL PHYSICAL
the persons who INJURIES
used violence INFLICTE
upon the person D IN A
of the victim are TUMULTU
liable, but with OUS
lesser liability. AFFRAY
Tumultuous affray – Elements:

a melee or free-for- 1. That there is a
all, where several tumultuous affray
persons not as referred to in
comprising definite or Art. 251;
identifiable groups 2. That a participant
attack one another in or some
a confused and participants
disorganized manner thereof suffer
resulting in the death serious physical
or injury of one or injuries or
some of them. physical injuries
• Tumultuous of a less serious
affray exists nature only;
when at least 3. That the person
four persons took responsible
part. therefor cannot
• When the quarrel be identified; and
is between a 4. That all those
distinct group of who appear to
individuals, one have used
of whom was violence upon
sufficiently the person of the
identified as the offended party
principal author are known.
of the killing, as
against a • Injured/victim
common, must be a
particular victim, participant in the
it is not a affray
"tumultuous • Only those who
affray" within the used violence
meaning of Art. are punished,
251 of the RPC. because if the
(People vs. one who caused
Unlagada, G.R. the physical
No. 141080, injuries is
September 17, known, he
2002) In such a will be liable
case, the crime for the
committed is physical
homicide under injuries
Art. 249. actually
• The victim may committed,
be a participant and not
or nonparticipant under this
thereof. article.
ARTICLE 253
239
CRIMINAL LAW BOOK
TWO
GIVING may be held
ASSISTANCE liable for
TO SUICIDE murder under
Art. 248
Acts punished: since
1. By assisting euthanasia is
another to not giving
commit suicide, assistance to
whether the suicide BUT
suicide is doing the
consummated killing
or himself.
not; • In
2. By lending his euthanasia,
assistance to the person
another to killed does
commit suicide not want to
to the extent of die.
doing the killing
himself. ARTICLE 254
DISCHARGE
• A person who OF FIREARMS
attempts to
commit Elements:
suicide is not 1. That the
criminally offender
liable even if discharges a
an innocent firearm
third person against or at
or property is another
hurt or person; and
damaged. 2. That the
• The penalty offender has
for giving no intention
assistance to to kill that
suicide if the person.
offender is
the father, • It is not
mother, child applicable to
or spouse of police
the one officers in the
committing performance
suicide is the of their
same since duties.
the law does • The
not PURPOSE of
distinguish. the offender
is only to
Euthanasia or intimidate or
“Mercy-Killing” frighten the
- is a practice of offended
painlessly putting party.
to death a person • If in the
suffering from discharge of
some incurable firearm, the
disease. offended
• A doctor who party is hit
resorted to and
euthanasia wounded,
240
there is a ABORTION
complex
crime of ARTICLE
discharge of 255
firearm with INFANTICID
serious or E
less serious
physical Infanticide – is the
injuries; BUT killing of any child
if only slight less than three days
physical of age, whether the
injuries were killer is the parent or
inflicted, grandparent, any
there is no other relative of the
complex child, or a stranger.
crime (BUT
two separate Elements:
crimes) since 1. That a child was
such physical killed;
injuries 2. That the
constitutes a deceased child
light felony. was less than
• The crime is three days (72
discharge of hours) of age;
firearm even and
if the gun 3. That the accused
was not killed the said
pointed at the child.
offended
party when it • No crime of
was fired, as infanticide is
long as it was committed if the
initially aimed child has been
by the dead or if,
accused at or although born
against alive, it could not
the offended sustain an
party. independent life
• If the firearm when it was
was not killed.
aimed • Father or mother
against or at or other
another legitimate
person, the ascendant who
crime kills a child less
committed is than three days
alarms and old – to suffer
scandals. penalty for
• No offense parricide.
for Illegal • Other person
discharge of who kills or who
firearms cooperates with
through the mother or
imprudence maternal
grandparent in
SECTION killing a child less
TWO: than three days
INFANTICID old will suffer the
E AND
241
CRIMINAL LAW BOOK
TWO
penalty for 3. By acting, with
murder. the consent of
• Only the mother the pregnant
and the maternal woman, by
grandparents of administering
the child are drugs or
entitled to the beverages.
mitigating
circumstance of Elements:
concealing the 1. That there is
dishonor. a pregnant
• The delinquent woman;
mother who 2. That violence
claims is exerted, or
concealing drugs or
dishonor must be beverages
of good administered,
character. or that the
• Treachery is accused
inherent in otherwise
infanticide. acts upon
such
ARTICLE pregnant
256 woman;
INTENTION 3. That as a
AL result of the
ABORTION use of
violence or
Intentional abortion drugs or
- willful killing of the beverages
fetus in the uterus or upon her, or
the violent expulsion any other act
of the fetus from the of the
maternal womb accused, the
which results in the fetus dies,
death of the fetus. either in the
womb or
Ways of after having
Committing been
Intentional expelled
Abortion therefrom;
1. By using any and
violence upon 4. That the
the person of the abortion is
pregnant woman; intended.
2. By acting,
without using Person liable in
violence and Intentional
without the Abortion:
consent of the 1. The person
woman (by who
administering intentionally
drugs or caused the
beverages upon abortion
such pregnant under Art.
woman without 256;
her 2. The pregnant
consent; and woman if she
consented
242
under Art. violence
258. intentionally
• As long as exerted, the
the fetus dies crime may
as a result of only be
the violence physical
used or the injuries.
drugs There is no
administered, crime of
the crime of frustrated
abortion unintentional
exists, even if abortion, in
the fetus is view of the
over or less lack of
than 6 intention to
months, or is cause an
full term. abortion.
• If the fetus • If there is no
could sustain intention to
an cause
independent abortion and
life (the fetus no violence,
must have an there is no
intrauterine abortion of
life of not any kind.
less than 7
months) after ARTICLE 257
its separation UNINTENTIONA
from the L ABORTION
maternal
womb, and it Elements:
is killed, the 1. That there is
crime is a pregnant
infanticide, woman;
not abortion. 2. That violence
• Fetus must is used upon
die in such
consummate pregnant
d abortion. If woman
it is without
intentional intending an
abortion and abortion;
the fetus 3. That the
does not die, violence is
it is frustrated intentionally
intentional exerted; and
abortion 4. That as a
when all the result of the
acts of violence, the
execution fetus dies,
have been either in the
performed by womb or
the offender. after having
• If the been
abortion is expelled
not intended therefrom.
and the fetus
does not die,
in spite of the
243
CRIMINAL LAW BOOK
TWO
• Violence refers to abortion are
actual physical committed.
force. • There is a
• CONFLICTING complex crime of
VIEWS: The homicide with
offender must unintentional
have known of abortion. (People
the woman’s v. Genoves, 33
pregnancy O.G. 2201).
(People v. • There is complex
Carnaso, C.A., crime of parricide
61 OG 3623) with abortion.
However, in US (People v.
v. Jeffrey (GR Villanueva, 242
No. 5597, March SCRA 47
5, 1910), it was [1995]).
ruled that
knowledge of ARTICLE
such pregnancy 258
was not ABORTION
necessary. PRACTICED
• In the case of BY THE
People vs. WOMAN
Salufrania (159 HERSELF
SCRA 401 OR HER
[1988]), the PARENTS
Supreme Court
ruled that despite Elements:
knowledge of the 1. That there is a
accused of his pregnant woman
wife’s pregnancy, who has suffered
the intent to an abortion;
cause the 2. That the abortion
abortion has not is intended; and
been sufficiently 3. That the abortion
established, thus, is caused by –
the accused is a. The pregnant
only liable for the woman
complex crime of herself;
parricide (for the b. Any other
death of wife) person, with
with unintentional her consent;
abortion (for the or
death of the fetus c. Any of her
in the mother’s parents, with
womb). her consent,
• If grave threats for the
were made to purpose of
cause abortion, a concealing
complex crime of her dishonor.
grave threats and
intentional
• Under a and c
abortion is
above, the
committed. If
woman is liable
light threats were
under Art. 258;
made, two
while the third
separate crimes
person under b is
of light threats
and intentional
244
liable under Art. intended or
256. was a result
• If the purpose is of a mistake,
other than to no crime is
conceal the committed.
woman’s • If the woman
dishonor, is not really
abortion by any pregnant, an
of her parents impossible
falls under Art. crime is
256. committed.
• Liability of the
pregnant woman As to
is mitigated if her PHARMACISTS,
(not including the the ELEMENTS
maternal are:
grandparents’) 1. That the
purpose is to offender is a
conceal her pharmacist;
dishonor. 2. That there is
ARTICLE 259 no proper
ABORTION prescription
PRACTICED from a
BY A physician;
PHYSICIAN and
OR MIDWIFE IN 3. That the
DISPENSING offender
OF dispenses
ABORTIVES any abortive.
Elements: • As to
1. That there is pharmacists,
a pregnant crime is
woman who consummate
has suffered d by
an abortion; dispensing
2. That the abortive
abortion is without
intended; proper
3. That the prescription
offender, who from a
must be a physician. It
physician or is not
midwife, necessary
causes, or that the
assists in abortive was
causing the actually
abortion; and used.
4. That said • It is
physician or immaterial
midwife takes that the
advantage of pharmacist
his or her knows that
scientific the abortive
knowledge or would be
skill. used for
abortion.
• If abortion Otherwise,
was not he shall be
245
CRIMINAL LAW BOOK
TWO
liable as an parties in the
accomplice in presence of two
the crime of or more seconds
abortion of lawful age on
should each side, who
abortion make the
result from selection of arms
the use and fix all other
thereof. conditions of the
fight.
SECTION
THREE: DUEL Seconds – the
persons who make
ARTICLE 260 the selection of the
RESPONSIBILI arms and fix the
TY OF other
PARTICIPANTS conditions of the fight
IN A DUEL
Self defense cannot
Acts punished: be invoked if there
1. By killing was a pre-concerted
one’s agreement to fight,
adversary in but if the attack was
a duel; made by the accused
2. By inflicting against his opponent
upon such before the appointed
adversary place and time, there
physical is an unlawful
injuries; and aggression, hence
3. By making a selfdefense can be
combat claimed.
although no
physical Note: If death
injuries have results, penalty is the
been same as that for
inflicted. homicide.
Persons liable: ARTICLE

1. The person 261
who killed or CHALLENGI
inflicted NG TO A
physical DUEL
injuries upon
his adversary Acts Punished
or both 1. By challenging
combatants another to a duel;
in any other 2. By inciting
case, as another to give or
principals. accept a
2. The seconds, challenge to a
as duel; and
accomplices. 3. By scoffing or
decrying another
Duel – a formal publicly for
or regular combat having refused to
previously accept a
concerted challenge to fight
between two a duel.
246
b. That the
Persons liable: mutilation is
1. Challenger caused
2. Instigators purposely
and
Note: A deliberately,
challenge that is, to
to fight, deprive the
without offended
contemplating a duel, party of some
is not challenging to essential
a duel. The person organ for
making the challenge reproduction.
must have in mind a Note:
formal combat to be Intentionally
concerted between depriving the
him and the one victim of the
challenged in the reproductive
presence of two or organ does
more seconds. not
necessarily
CHAPTER involve the
TWO: cutting off of
PHYSICAL the organ or
INJURIES any part
(ARTS. 262- thereof. It
266) suffices that
it is rendered
ARTICLE useless.
262
MUTILATIO 2. By intentionally
N making other
mutilation, that
Two kinds: is, by lopping
1. By intentionally or clipping off
mutilating any part of the
another by body of the
depriving him, offended party,
either totally or other than the
partially, of essential organ
some essential for
organ for reproduction,
reproduction to deprive him
(castration). of that part of
the body
Elements of the (mayhem).
first kind:
a. That there be • The law
castration, looks NOT
that is, only to the
mutilation of result but
organs also to the
necessary for intention or
generation, purpose of
such as the act.
penis or Mutilation is
ovarium; and always
intentional.
247
CRIMINAL LAW BOOK
TWO
• The intention Serious
of the physical
offender to injuries
deprive the 1. When the
victim of the injured
body part person
whether by becomes
castration or insane,
mayhem is imbecile,
essential and impotent or
must thus blind in
exist in either consequence
case. of the
• Cruelty, as physical
understood in injuries
Art 14 (21), is inflicted;
inherent in
mutilation 2. When the
and, in fact, injured
that is the person –
only felony a. Loses
where the the use
said of
circumstance speech
is an integral or the
part and is power to
absorbed hear or
therein. If the to smell,
victim dies, or loses
the crime is an eye, a
murder hand, a
qualified by foot, an
cruelty, but arm, or a
the offender leg;
may still b. Loses
claim and the use
prove that he of any
had no such
intention to member;
commit so or
grave a c. Becomes
wrong. incapacit
ated for
ARTICLE 263 the work
SERIOUS in which
PHYSICAL he was
INJURIES therefore
habituall
How y
committed: engaged,
1. By wounding; in
2. By beating; consequ
3. By ence of
assaulting; or the
4. By physical
administering injuries
injurious inflicted.
substance.
248
3. When the punished based
person on the gravity of
injured - the injuries
a. Becomes inflicted. What is
deforme penalized in the
d, or crime of physical
b. Loses injuries is the
any other result. Thus, it is
member always
of his consummated
body, or and cannot be
c. Loses committed in the
the use attempted or
thereof, frustrated stage.
or • If a robbery is
d. Becomes committed and
ill or the injured
incapacit person suffers
ated for that enumerated
the under numbers 3
performa and 4, the
nce of crime/s
the work committed is/are:
in which  Special
he complex
was crime of
habitually robbery with
engaged for serious
more than physical
90 days, in injuries – if
consequenc the injured
e of the person is not
physical responsible
injuries for the
inflicted. robbery.
 Separate
4. When the crimes of
injured robbery and
person serious
becomes ill physical
or injuries – if
incapacitated the injured
for labor for person is a
more than 30 robber.
days (but • There must be
must not be NO INTENT TO
more than 90 KILL; otherwise,
days), as a the crime would
result of the be attempted or
physical frustrated
injuries homicide,
inflicted. parricide or
 30 days < X ≤ murder, as the
90 days case maybe.
• Where the
• This crime is category of the
considered a offense of
formal crime serious physical
since it is injuries depends
249
CRIMINAL LAW BOOK
TWO
on the period of • The injury to
illness or cause
incapacity for deformity is
labor, there must one that
be evidence of cannot be
that length of replaced by
that period; nature.
otherwise, the • If the scar is
offense shall usually
only be slight covered by
physical injuries. the dress of
• Serious physical clothes, it
injuries may be would not be
committed by conspicuous
reckless and visible
imprudence or • Medical
by simple Attendance
imprudence or is not
negligence important in
under serious
Art. 365 in physical
relation to Art. injuries.
263.
• Impotence Paragraph 4
means inability speaks of
to copulate. incapacity for any
• Insanity means kind of labor.
loss of reason or
will; failure to Note:
determine right Hospitalization
from wrong; for more than 30
failure to days may mean
perceive things either illness or
as they are. incapacity for
• Lessening of labor for more
efficiency due to than 30 days.
injury is not
incapacity. Attempted or
Physical Injuries
Frustrated Homicide
In paragraphs 2 and The offender inflicts Attempted homicide may
3, the offended party physical injuries. be committed, even if no
must have a vocation physical injuries are
or work at the time of inflicted.
the injury.
Offender has no intent to The offender has an
kill the offended party. intent to kill the offended
Work includes party.
studies or
preparation for a
profession. Qualifying
Circumstances:
Requisites of 1. Offense
deformity: committed
against
1. Physical
persons
ugliness;
enumerated
2. Permanent
in the crime
and definite
of parricide.
abnormality; and 3.
2. With the
Must be conspicuous
attendance of
and visible.
250
circumstance means
which qualify introducing
the crime to into the body
murder. the
substance.
 HOWEVER, • It does not
the “qualified apply when
penalties” the physical
are NOT injuries that
applicable to result are
parents who less serious
inflict serious or light, they
physical will be
injuries upon treated under
their children Art 265 or
by excessive 266, as the
chastisement case may be.
.
ARTICLE
ARTICLE 264 265
ADMINISTERIN LESS SERIOUS
G INJURIOUS PHYSICAL
SUBSTANCE INJURIES
OR
BEVERAGES Elements:
1. The offended
Elements: party is
1. That the incapacitated for
offender labor for 10 days
inflicted upon or more but not
another any more than 30
serious days, or needs
physical attendance for
injury; the same period;
2. That it was and
done by  10 days ≤ X ≤
knowingly 30 days
administering 2. The physical
to him any injuries must not
injurious be those
substances described in the
or beverages preceding
or by taking articles.
advantage of
his weakness Qualified Less
of mind or Serious Physical
credulity; and Injuries:
3. That he had 1. A fine not
no intent to exceeding P500,
kill. in addition to
arresto mayor,
• It is frustrated shall be imposed
murder if for less serious
there was physical injuries
intent to kill. when:
• Administeri a. There is
ng injurious manifest
substance intent to
251
CRIMINAL LAW BOOK
TWO
insult or physical injuries
offend the sustained are
injured denominated as
person; or less serious.
b. There are • In the absence of
circumstance proof as to the
s adding period of the
ignominy to offended party’s
the offense. incapacity for
2. A higher penalty labor or of
is imposed when required medical
the victim is attendance,
either: offense
a. The committed is only
offender’s slight physical
parent, injuries.
ascendant,
guardian, ARTICLE
curator or 266
teacher; or SLIGHT
b. Persons of PHYSICAL
rank or INJURIES
persons in AND
authority, MALTREAT
provided the MENT
crime is not
direct Kinds:
assault. 1. Physical injuries
Physical Injuries which
No SPECIAL There is incapacitated
a SPECIAL the
INTENTION to clip off INTENTIONoffended
to clip offparty
some part of the body some part offrom one to
the body so nine
so as to deprive he days,
as to deprive orsuch
him of required
offended party of part. medical
such part attendance
during the same
The law includes 2 period;
subdivisions, to 2. Physical injuries
wit: which did not
1. The inability for prevent the
work; and offended party
2. The necessity for from engaging in
medical his habitual work
attendance or which did not
require medical
• Therefore, attendance; and
although the 3. Ill-treatment of
wound required another by deed
medical without causing
attendance for any injury.
only 2 days, yet,
if the injured • When there
party was is no
prevented from evidence of
attending to his actual injury,
ordinary labor for it is only
a period of 29 slight
days, the physical
injuries.
252
• Supervening Hazing – is an
event initiation rite or
converting practice as a
the crime into prerequisite for
serious admission into
physical membership in a
injuries after fraternity, sorority
the filing of or organization
the by placing the
information recruit, neophyte
for slight or applicant in
physical some
injuries can embarrassing or
still be the humiliating
subject of a situations such
new as forcing him to
charge do menial, silly,
foolish, and
If physical similar activities
injuries were or otherwise
inflicted with an subjecting him to
intent to insult or physical or
humiliate the psychological
injured person, suffering or injury.
the intent to insult
or humiliate shall Allowed
be: Initiation Rites
• Considered (Section 2)
as an Those that have
aggravating prior written
circumstance notice to the
of ignominy school authorities
in case of or head of
serious organization 7
physical days before the
injuries conduct of such
• Considered initiation. The
in increasing written notice
the penalty shall contain the
and following:
qualifying the 1. Period of the
crime in case initiation
of less activities
serious which shall
physical not exceed 3
injuries days
• Separate 2. Names of
crime of those to be
slander by subjected to
deed in case such
of slight activities
physical 3. Undertaking
injuries. that no
physical
ANTI-HAZING violence be
LAW employed by
(R.A. No. 8049) anybody
253
CRIMINAL LAW BOOK
TWO
What acts are consent to the
punishable: All hazing or have
acts so long as it actual knowledge
caused physical thereof, but failed
injuries at the to take any
very least. action to prevent
the same from
Persons liable: occurring.
1. Officers and 5. Officers, former
members of the officers or alumni
fraternity, sorority of the
or organization organization,
who actually group, fraternity
participated in or sorority shall
the infliction of be liable as
physical harm principals - if they
shall be liable as actually planned
principals – if the the hazing,
person subjected although not
to hazing suffers present when the
any physical acts constituting
injury or dies as the hazing were
a result thereof. committed.
2. Owner of the 6. Officers or
place where the members of the
hazing is organization,
conducted shall group, fraternity
be liable as an or sorority shall
accomplice – be liable as
when he has principals - if they
actual knowledge knowingly
of the hazing cooperated in
conducted carrying out the
therein but failed hazing by
to take any inducing the
action to prevent victim to be
the same from present thereat.
occurring. 7. The fraternity or
3. Parents shall be sorority’s adviser
liable as shall be liable as
principals – when principal - if he
they have actual was present
knowledge of the when the acts
hazing constituting the
conducted in the hazing were
home of one of committed and
the officers or failed to take any
members of the action to prevent
fraternity, sorority the same.
or organization,
but failed to • The presence of
prevent the “any person” (i.e.
same. whether or not
4. School member of the
authorities and fraternity/sorority)
faculty members during the hazing
shall be liable as is prima facie
accomplices - evidence of
when they participation
254
therein as a offender and the
principal offender can
UNLESS he either be a man
prevented the or a woman in
commission of the case of the
the prohibited insertion of any
acts. instrument or
• The mitigating object.
circumstance
that there was no How rape is
intention to committed:
commit so grave 1. By a man
a wrong shall who shall
NOT APPLY. have carnal
(Sec. 4, par. e, knowledge of
R.A. No. 8049) a woman
under any of
CHAPTER the following
THREE: circumstance
RAPE s:
(ARTS. a. Through
266-A – force,
266-B) threat or
intimidati
ARTICLE on;
266-A b. When
THE ANTI- the
RAPE LAW offended
(RA 8353) party is
deprived
of reason
Classification of
or
Rape
otherwis
1. Traditional Rape
e
under Art. 335-
unconsci
carnal knowledge
ous;
with a woman
c. By
against her will;
means of
in this case, the
fraudulen
offender is
t
always a man
machinat
and the offended
ions or
party is always a
grave
woman.
abuse of
2. Sexual Assault
authority;
under R.A. 8353-
d. When
this is
the
committed when
offended
the offender
party is
inserts his penis
under
to another
twelve
person’s mouth
(12)
or anal orifice or
years of
by inserting an
age or is
instrument or
demente
object into the
d, even
genital or anal
though
orifice of another
none of
person. The
the
255
CRIMINAL LAW BOOK
TWO
circumst ns
ances
mentione of
d above
be frau
present. dule
nt
Elements: mac
a. That the hinat
offender ion
is a man; or
b. That the grav
offender e
had abus
carnal e of
knowled auth
ge of a ority,
woman; or
c. That iv. Whe
such act n
is the
accompli wom
shed an is
under und
any of er
the 12
following year
circumst s of
ances: age
i. By or
usin dem
g ente
forc d.
e or
intim Notes: The
idati offender
on, must not
or have known
ii. Whe that the
n victim is
the demented,
wom otherwise
an is qualified rape
depr is committed.
ived
of Circumstanc
reas e (iv) does
on not only
or pertain to
othe chronological
rwis age but also
e to mental
unco age (People
nsci vs. Atento,
ous, 196 SCRA
or 357, 1991)
iii. By
2. By any
mea person who,
256
under any of inser
the ting
circumstance any
s mentioned instr
in paragraph ume
1 hereof, nt or
shall commit obje
an act of ct
sexual into
assault by the
inserting his genit
penis into al or
another anal
person’s orific
mouth or e of
anal orifice of anot
another her
person, or pers
any on.
instrument or c. That the
object, into act of
the genital or sexual
anal orifice of assault is
another accompli
person. shed
under
Elements: any of
a. That the the
offender circumst
commits ances
an act of enumera
sexual ted
assault; under
b. That the the first
act of act of
sexual committi
assault is ng rape.
committe
d by any • Under R.A. 8353,
of the the crime of rape
following can now be
means: committed by a
i. By male or a female.
inser • To be
ting CONSUMMATE
his D, it is not
peni essential that
s there be a
into complete
anot penetration of the
her female organ,
pers neither is it
on’s essential that
mou there be a
th or rupture of the
anal hymen.
orific  However,
e; ii. there must be
By sufficient and
257
CRIMINAL LAW BOOK
TWO
convincing December
proof that the 24, 2008)
penis indeed
touched the • There is NO
labias or slid crime of
into the FRUSTRATED
female organ, RAPE. The
and not slightest
merely penetration or
stroked the mere touching of
external the genitals
surface consummates
thereof, for the crime of rape.
the accused • There is
to be ATTEMPTED
convicted of RAPE when
consummate there is no
d rape. penetration of the
Absent of any female organ
showing of because not all
the slightest the acts of
penetration of execution were
the female performed.
organ, it can However, there
only be must be an
attempted intention to have
rape, if not carnal knowledge
acts of of the woman
lasciviousnes against her will.
s. (People vs. • Acknowledgment
Campuhan, of the
329 SCRA consummated
270 [2000]) act is not
 For a charge considered giving
for rape by of consent.
sexual • In Statutory
assault with Rape, the
the use of offender’s
one’s fingers knowledge of the
or any other victim’s age is
object to be IMMATERIAL.
consummate • Force employed
d, there against the victim
should be of rape need not
evidence of at be of such
least the character as
slightest could not be
penetration of resisted. It is
the sexual enough that the
organ and not force used is
merely a sufficient to
brush or consummate the
graze of its culprit’s purpose
surface. of copulating with
(People v. the victim.
Dela Cruz, • If the woman
GR No. contributed in
180501, some way to the
consummation of
258
the act, this may more glaring and
constitute an unfortunate
offense other situation of a
than rape. demented girl.
• Intimidation Example: 31 year
includes the old mental
moral kind. retardate with the
• Having sex with mental capacity
a deaf-mute is of a 5-year-old
not rape in the (People vs.
absence of proof Manlapaz, G.R.
that she is No. L-41819,
imbecile. Feb. 28, 1978).
• There is NO • Rape Shield
crime of rape if Rule - Character
liquor or drug is of the woman is
used to induce immaterial in
the victim’s rape. It is no
consent so as to defense that the
incite her passion woman is of
and it did not unchaste
deprive her of character,
her will power. provided the illicit
• When the girl is relations were
under 12 years of committed with
age, rape is force and
committed violence, etc.
although she • Rape may be
consented to the committed using
sexual act or the fingers under
even if the girl is the second act,
a prostitute. The but the
law does not ‘instrument or
consider that object’ other than
kind of consent the penis must
as voluntary, as be inserted into
the offended the genital or
party under 12 anal orifice of
years of age another person.
cannot have a (Obaña v. Hon.
will of her own. Soriano, G.R.
• If the offended No. 60353. Aug.
woman is below 21, 2001)
12 years of age, • A rape victim
it is always rape. cannot invoke
Her mental, and self-defense
not only the when he/she kills
chronological the rapist unless
age is there is a threat
considered. on his/her life.
Thus, it is still Unlike before
rape if the when rape is still
woman is 13 a crime against
years old with a chastity, the
mental capacity victim can invoke
of a 5 year old. self-defense
Furthermore, the under the same
amendatory law circumstance
has added the
259
CRIMINAL LAW BOOK
TWO
since honor is statement that
equated to life. the victim “is the
minor daughter”
ARTICLE 266-B of the offender is
QUALIFIED not enough. It is
RAPE essential that the
information must
Rape under state the exact
both acts of age of the victim
committing it is at the time of the
qualified by the commission of
following: the crime.
(People v.
Note: Rape is Baniguid, G.R.
punishable by No. 137714,
death if it falls Sept. 8, 2000)
under any of 4-14 • The
circumstances. relationship
1. When rape is of
committed with stepdaughter
the use of a and
deadly weapon stepfather
or by two or more presupposes
persons; a legitimate
2. When by reason relationship
or occasion of between the
rape, the victim victim’s
has become mother and
insane; the offender,
3. When the rape is i.e., they
attempted and a were married
homicide is after the
committed by marriage of
reason of or on the victim’s
the occasion of mother to her
rape (special father was
complex crime); dissolved.
4. When by reason (People vs.
of or on occasion Melendres,
of rape, homicide G.R.
is committed 133999-
(special complex 4001, Aug.
crime); 31, 2000).
5. When the victim
is under 18 years 6. When the victim
of age and the is under the
offender is a custody of the
parent, police or military
ascendant, step- authorities or any
parent, guardian, law enforcement
relative by or penal
consanguinity or institution;
affinity within the 7. When the rape is
third civil degree, committed in full
or the common view of the
law spouse of the spouse, parent,
parent of the or any of the
victim;  The children or other
relatives within
260
the third civil of the
degree of commission of
consanguinity; the crime;
8. When the victim 14. When the
is a religious offender knew of
engaged in the mental
legitimate disability,
religious vocation emotional
or calling and is disorder and/or
personally known physical disability
to be such by the of the offended
offender before party at the time
or at the time of of the
the commission commission of
of the crime; the crime.
9. When the victim • When the
is a child below 7 homicide is
years old; committed
10. When the NOT by
offender knows reason or on
that he is afflicted the occasion
with HIV/AIDS or of rape, there
any other is no special
sexually complex
transmissible crime of rape
disease and the with
virus or disease homicide.
is transmitted to • Moral
the ascendancy
victim; or influence,
11. When committed held to
by any member substitute for
of the AFP or the element
para-military of physical
units thereof of force or
the PNP or any intimidation.
law enforcement
agency or penal ARTICLE 266-C
institution, when EFFECT OF
the offender took PARDON
advantage of his
position to Effects of
facilitate the pardon:
commission of 1. The
the crime; subsequent
12. When by reason valid
or on the marriage
occasion of the between the
rape, the victim offender and
has suffered the offended
permanent party shall
physical extinguish:
mutilation or a. The criminal
disability; action or
13. When the b. The penalty
offender knew of already
the pregnancy of imposed.
the offended
party at the time
261
CRIMINAL LAW BOOK
TWO
2. The criminal liability,
subsequent its benefits
forgiveness cannot be
of the wife to extended to the
the legal acts committed
husband by the others of
shall which he is a co-
extinguish principal.
the criminal
action or the Prior to RA No.
penalty, 8353, a husband
PROVIDED cannot be guilty
that the of rape
crime shall committed upon
not be his wife because
extinguished of the
or the matrimonial
penalty shall consent which
not be she gave when
abated if the she assumed the
marriage is marriage
void ab initio. relation.
This is an However, under
exception to Art 266-C of RA
the rule that No. 8353, a
forgiveness husband may be
by the guilty of rape of
offended his wife if it is the
party shall legal husband
not who is the
extinguish offender.
the penal
action in ARTICLE 266-D
crimes PRESUMPTION
against S
person.
Evidence which
Since rape is now a may be
crime against accepted in the
persons, prosecution of
marriage rape:
extinguishes that 1. Any physical
penal action only overt act
as to the manifesting
principal, i.e. the resistance
husband, but not against the
as to the act of rape in
accomplices and any degree
accessories. from the
offended
The principle does party; or
not apply where 2. Where the
MULTIPLE offended
RAPE was party is so
committed situated as to
because while render
marriage with him/her
one defendant, incapable of
extinguishes the giving
262
his/her b. That it is
consent committed
simulating
public
TITLE NINE: authority; or
CRIMES c. That any
AGAINST serious
PERSONAL physical
LIBERTY AND injuries are
SECURITY inflicted upon
the person
kidnapped or
SECTION ONE:
detained or
ILLEGAL
threats to kill
DETENTION
him are
made; or
ARTICLE
d. That the
267
person
KIDNAPPIN
kidnapped or
G AND
detained is a
SERIOUS
minor,
ILLEGAL
female, or a
DETENTION
public officer
(People vs.
Elements: (PICK)
Mercado,
1. That the offender G.R. No. L-
is a private 65152,
individual who is August 30,
not any of the 1984).
parents of the
victim nor a
It is NOT necessary
female; (People
that the victim be
vs. Ponce G.R.
placed in an
No. 171653 April
enclosure. It may
24, 2007);
consist not only in
2. That he kidnaps
placing a person in
or detains
an enclosure but also
another, or in any
in detaining him or
other manner
depriving him in any
deprives the
manner of his liberty.
latter of his
• The original
liberty;
Spanish version
3. That the act of
of Article 267 of
detention or
the Revised
kidnapping must
Penal Code used
be illegal;
the term "lock
4. That in the up" (encarcerar)
commission of rather than
the offense, any "kidnap"
of the following (sequestrator or
circumstances is raptor) which
present: "includes not only
a. That the the imprisonment
kidnapping or of a person but
detention also the
lasts for more deprivation of his
than 3 days; liberty in
or whatever form
and for whatever
263
CRIMINAL LAW BOOK
TWO
length of time." deprivati
(People v. on of the
Baldogo G.R. victim’s
Nos. 128106-07 liberty
January 24, coupled
2003) with the
• The crime is intent of
committed when the
the offender left accused
the child in the to effect
house of another, it.
where the child (People
had freedom of v.
locomotion but Pavillare
not the freedom G.R. No.
to leave it at will 129970,
because of his April 5,
tender age. 2000)
(People v.  If the
Acosta, 60 O.G. person
6999) killed,
• The detention is tortured
illegal when not or rape is
ordered by not the
competent same
authority or not victim of
permitted by law. kidnappi
ng or
Qualifying detention
circumstances: , the
Death Penalty is crimes
imposed (KERT) may be
1. If the complex
purpose is to ed or be
extort consider
ransom; ed as
2. When the separate
victim is offenses.
killed or dies • The essential
a element or
consequence act which
of the makes the
detention; offense
3. When the kidnapping is
victim is the
raped; or deprivation of
4. When the an offended
victim is party’s liberty
subjected to under any of
torture or the four
dehumanizin circumstance
g act. s
 The enumerated.
essence • But when the
of the kidnapping or
crime of detention
kidnappi was
ng is the committed for
actual the purpose
264
of extorting is one crime
ransom, it is only of
not special
necessary complex
that one or crime of
any of such kidnapping
circumstance with homicide
s or murder, as
enumerated the case may
in the first be. However,
par. of Art. if the person
267 be killed is not
present. the kidnap
Actual victim, it shall
demand for be treated as
ransom is a separate
NOT crime of
necessary. homicide or
• Where the murder, as
person the case may
kidnapped is be.
killed in the • When the
course of the victim is a
detention, minor and
regardless of accused is
whether the any of the
killing was parents, the
purposely penalty is
sought or that provided
was merely for in Art.
an 271 par.2,
afterthought, RPC
the • Where there
kidnapping is no showing
and murder that the
or homicide accused
can no longer intended to
be deprive their
complexed victims of
under Art. 48 their liberty
nor be for some
treated as time and for
separate some
crimes but purpose, and
shall be there being
punished as no
a special appreciable
complex interval
crime under between
the last their being
paragraph of taken and
Art. 267, as their being
amended by shot from
RA 7659. which
• Regardless kidnapping
of the may be
number of inferred, the
the victims crimes
killed, there committed
265
CRIMINAL LAW BOOK
TWO
were murder demand
and for
frustrated ransom
murder and is only a
not the part of
complex the
crimes of diabolic
kidnapping scheme
with murder of the
and defenda
kidnapping nt to
with murder
frustrated the child,
murder. to
 There is conceal
no his body
kidnappi and then
ng with demand
murder, money
but only before
murder the
where a discover
3-year y of the
old child cadaver.
was (People
gagged, vs. Lora,
hidden in G.R.
a box No.49430.
where he March 30,
died and 1982)
ransom
asked. Illegal Detention Arbitrary Detention
The Committed by a private Committed by a public
demand individual who officer or employee who
for unlawfully detains a person without
ransom kidnaps, legal ground
did not detains or
convert otherwise
the deprives a person of
offense liberty.
into Crime is against Crime against the
kidnappi personal liberty and fundamental law of the
ng with security State
murder.
The Kidnapping with Rape Forcible Abduction with
defenda Rape
nt was Lewd design came after At the outset, there is
well the intent to kidnap the already lewd design.
aware victim.
that the It is a special complex It is a complex crime
child crime. under Article 48 since
would be forcible abduction is a
suffocate necessary means of
d to committing the crime of
death in rape.
a few If there is an attempted If there is an attempted
moments rape, it shall be rape, the crime
after she considered a separate committed is only
left. The crime. forcible abduction, the
266
former 3.being
Before an the
expression of institution
the lewd of
design. criminal
If there are multiple If there areproceedings
multiple
rapes, there is only one rapes, only against
one is him.
special complex crime complexed with forcible
of Kidnapping with abduction and the
When the victim
rest is
Rape. shall be considered
female, as the
separate crimes.
detention is
under Art 267;
ARTICLE voluntary release
268 is not mitigating
SLIGHT there.
ILLEGAL The same penalty of
DETENTION reclusion
temporal shall be
Elements: (PIKO) incurred by
1. That the offender anyone who shall
is a private furnish the place
individual; for the
2. That he kidnaps perpetration of
or detains the crime. His
another, or in any participation is
manner deprives raised to that of a
him of his liberty; real coprincipal.
3. That the act of If the crime is
kidnapping or under Article
detention is 267, he is a mere
illegal; accomplice
4. That the crime is unless there was
committed conspiracy.
without the
attendance of the ARTICLE 269
circumstances UNLAWFUL
enumerated in ARREST
Art. 267.
Elements:
Liability is (ADU)
mitigated when 1. That the
the following offender
circumstances arrests or
concur: (VOB) detains
1. Offender another
voluntarily person
releases the 2. That the
person so purpose of
kidnapped or the offender
detained is to deliver
within three him to the
days from the proper
commencem authorities
ent of the 3. That the
detention arrest or
2. Without detention is
having unauthorized
attained the by law or
purpose there is no
intended; reasonable
and
267
CRIMINAL LAW BOOK
TWO
ground SECTION TWO:
therefor. KIDNAPPING OF
MINORS
• The offender
is any ARTICLE
person, 270
whether a FAILURE TO
public officer RETURN A
or a private MINOR
individual.
However, the Elements: (EF)
public officer 1. That the offender
must not be is entrusted with
vested with the custody of a
the authority minor person
to arrest or (less than 18
detain a years old);
person or 2. That he
must not act deliberately fails
in his official to restore the
capacity. said minor to his
Otherwise, parents or
Art. 124 is guardian;
applicable
and not Art. • This may also be
269 committed by the
mother or father
Unlawful Arrest (Art. of the child.
269) When committed
by either parent,
Purpose of locking up or
penalty is only
detaining the victim is to
arresto mayor.
deliver him to the proper
authorities, and • Kidnapping and
develops to be unlawful. failure to return a
minor (Art. 270)
is necessarily
• No period of
included in
detention is
Kidnapping and
fixed by law
Serious Illegal
under Art.
Detention of
269 but the
Minor (Par. 4 of
motive of the
Art. 267), but
offender is
what
controlling.
differentiates
them are the
Delay in the Delivery following:
of
Detained Persons Art. 267 Art. 270
(Art. 125)
Offender is not Offender is entrusted
Detention is for some legal entrusted with the with the custody of the
ground custody of the victim minor
Committed by failing to Illegally detaining or What is punished is
deliver such person to the kidnapping the minor. the deliberate failure
proper judicial authority of the offender having
within a certain period the custody of the
minor to restore him to
his parents or
guardian
268
abandons the
ARTICLE home.
271
INDUCING A SECTION
MINOR TO THREE:
ABANDON HIS SLAVERY AND
HOME SERVITUDE
Elements: (LI) ARTICLE 272

1. That a minor SLAVERY
(less than 18
years old) is Elements: (PE)
living in the 1. That the
home of his offender
parents or purchases,
guardian or the sells, kidnaps
person entrusted or detains a
with his custody; human being;
2. That the offender 2. That the
induces said purpose of
minor to abandon the offender
such home. is to enslave
such human
• Inducement must being.
be (a) actual, (b)
committed with Qualifying
criminal intent circumstance:
and (c) When the
determined by a purpose of the
will to cause offender is to
damage. assign the
• The crime offended party to
committed may some immoral
be exploitation of traffic.
minors • If the victim is
depending on the female, the
purpose of the crime
inducement. committed
• To induce means may be that
to influence; to under Article
prevail on; to 341 or white
move by slave trade.
persuasion; or to • The purpose
incite by motives. must be
• Father or mother determined, if
may commit the purpose
crimes under is to enslave
Arts. 270 & 271- the victim, it
where they are is slavery;
living separately otherwise, it
and the custody is kidnapping
of the minor or illegal
children has detention.
been given to
one of them ARTICLE 273
• It is not EXPLOITATION
necessary that OF CHILD
the minor LABOR
actually
269
CRIMINAL LAW BOOK
TWO
between the
Elements: offender and the
(RAR-age) offended party
1. That the must exist,
offender otherwise, the
retains a crime committed
minor in his is coercion.
service;
2. That it is Art. 273 Art. 274
against the
will of the Victim is a minor Does not distinguish
minor; whether the victim is a
minor or not
3. That it is
under pretext Minor is compelled to Debtor himself is the
of render services for the one compelled to work
reimbursing supposed debt of his for the offender.
himself of a parent or guardian.
debt incurred Service of minor is not Limited to household
by an limited to household and farm work.
ascendant, and farm work.
guardian or If in other capacities,
person crime committed may
entrusted be coercion.
with the
custody of CHAPTER
such minor. TWO: CRIMES
AGAINST
ARTICLE 274 SECURITY
SERVICES (ARTS. 275-
RENDERED 289)
UNDER
COMPULSION SECTION ONE:
IN PAYMENT ABANDONMEN
T OF
Elements: HELPLESS
(CAP) PERSONS
1. That the AND
offender EXPLOITATI
compels a ON OF
debtor to MINORS
work for him,
either as ARTICLE
household 275
servant or ABANDONMENT
farm laborer;
OF PERSONS IN
2. That it is DANGER AND
against the
ABANDONMENT
debtor’s will;
OF ONE’S OWN
3. That the
VICTIM
purpose is to
require or
Acts punished:
enforce the
1. By failing to
payment of a
render
debt.
assistance to any
person whom the
Note: Creditor-
offender finds in
Debtor
an uninhabited
relationship
place wounded
270
or in danger of determined
dying when he by possibility
can render such of person
assistance receiving
without detriment assistance
to himself, unless from another.
such omission The place
shall constitute a may still be
more serious considered
offense. uninhabited
in legal
Elements: contemplatio
(UWOF) n even if
a. The place is there are
uninhabited; many houses
b. The accused around but
found there a the possibility
person of receiving
wounded or assistance is
in danger of remote.
dying; • The child
c. The accused under seven
can render years of age
assistance must be
without found in an
detriment to unsafe place.
himself; • It is
d. The immaterial
accused that the
fails to offender did
render not know that
assistance. the child is
under seven
2. By failing to help years.
or render
assistance to ARTICLE 276
another whom ABANDONING
the offender has A MINOR
accidentally
wounded or Elements:
injured. (SCAN)
1. That the
3. By failing to offender has
deliver a child the custody
under seven of a child;
years of age 2. That the child
whom the is under
offender has seven years
found of age. 3.
abandoned, to That he
the authorities or abandons
to his family, or such child;
by failing to take 4. That he has no
him to a safe intent to kill
place. the child
when the
• “Uninhabited latter is
place” is abandoned.
271
CRIMINAL LAW BOOK
TWO
• If there is child) is
intent to kill committed.
and the child • The minor
dies, the should not
crime would leave his
be murder, home of his
parricide, or own free will.
infanticide,
as the case Circumstances
may be. If the Qualifying the
child does Offense: (DD)
not die, it is 1. When the
attempted or death of the
frustrated minor
murder, resulted from
parricide or such
infanticide, abandonmen
as the case t; or
may be. 2. If the life of
• Intent to kill the minor
cannot be was in
presumed danger
from the because of
death of the the
child. The abandonmen
ruling that t
intent to kill is
conclusively  The act must
presumed be conscious
from the and
death of the deliberate
victim of the such that the
crime is abandonmen
applicable t deprives the
only to child of the
crimes care and
against protection
persons, and from danger
not to crimes to his person.
against
security,
ARTICLE 277
particularly
ABANDONME
the crime of
NT OF MINOR
abandoning a
ENTRUSTED
minor under
WITH HIS CUSTODY;
Art. 176.
INDIFFERENC
• If the intent in
E OF
abandoning
PARENTS
the child is to
lose its civil
status, the Acts punished:
crime under 1. By delivering a
Article 347 minor to a
(concealment public
or institution or
abandonmen other persons
t of a without the
legitimate consent of the
one who
272
entrusted such 3. That his station
minor to the in life requires
care of the such education
offender or, in and his financial
the absence of condition permits
that one, it.
without the • Failure to give
consent of the education must
proper be due to
authorities. deliberate desire
2. By neglecting to evade such
his (offender’s) obligation.
children by not • The "neglect of
giving them the child" punished
education under Article
which their 59(4) of PD 603
station in life is also a crime
requires and (known as
financial "indifference of
condition parents")
permits. penalized under
the second
paragraph of
Elements of Article 277 of the
Abandonment of Revised Penal
Minor: Code. (De
1. That the offender Guzman v.
has charge of the Perez, et al. G.R.
rearing or No.
education of a 156013 July 25,
minor; 2006)
2. That he delivers
said minor to a Abandonment of
public institution Minor by Persons Abandonment of
or other persons; Entrusted with Minor
3. That the one who Custody (Art. 276)
entrusted such (Art. 277)
child to the The custody of the The custody of the
offender has not offender is specific, that offender is stated in
consented to is, the custody for the general
such act, or if the rearing or education of
one who the minor
entrusted such Minor is under 18 yrs. Minor is under 7 years of
child to the of age age
offender is
Minor is delivered to a Minor is abandoned in
absent, the
public institution or such a way as to
proper authorities
other person deprive him of the care
have not and protection that his
consented to it. tender years need
Elements of ARTICLE
Indifference of 278
Parents: (PNP) EXPLOITATI
1. That the offender ON OF
is a parent; MINORS
2. That he neglects
his children by
Prohibited Acts:
not giving them
education;
273
CRIMINAL LAW BOOK
TWO
1. Causing any following any
boy or girl calling
under 16 enumerated
years of age in paragraph
to perform two, or to any
any habitual
dangerous vagrant or
feat of beggar, the
balancing, offender
physical being an
strength, or ascendant,
contortion, guardian,
the offender teacher, or
being any person
person. entrusted in
2. Employing any capacity
children with the care
under 16 of such child.
years of age 5. Inducing any
who are not child under
children or 16 to
descendants abandon the
of the home of its
offender in ascendants,
exhibitions of guardians,
acrobat, curators or
gymnast, teachers to
rope-walker, follow any
diver, or wild person
animal tamer, engaged in
the offender any calling
being an mentioned in
acrobat, etc., paragraph
or circus two, or to
manager or accompany
engaged in a any habitual
similar vagrant or
calling. beggar, the
3. Employing offender
any being any
descendant person.
under 12
years of age • Must be of
in dangerous such nature
exhibitions as to
enumerated endanger the
in the next life or safety
preceding of the minor.
paragraph,
the offender Qualifying
being Circumstance:
engaged in Delivery of the
any of said child is made in
callings. consideration of
4. Delivering a any price,
child under compensation or
16 promise
gratuitously
to any person
274
Exploitation of Minors 2. That he enters
(Art 278, par. 5) the dwelling of
another;
3. That such
The purpose of entrance is
inducing the minor to
against the
abandon the home is to
latter’s will.
follow any person
engaged in any of the
callings mentioned Rational: To protect
and preserve by law
Victim is under 16 the privacy of one’s
years of age dwelling.
• R.A. 7610 Qualifying

punishes Circumstance: If
abuse, committed by means
exploitation of
and violence/intimidation.
discriminatio
n of minors
Simple Trespass to Qualified Trespass to
Dwelling Dwelling
ARTICLE 279
Offender enters the Offender enters the
ADDITIONAL dwelling of another and dwelling of another
PENALTIES the entrance is against against the latter’s will
FOR the latter’s will. and the offense is
OTHER committed by means of
OFFENSES violence or intimidation.
Imposition of the • “Dwelling place”

penalties means any
prescribed in the building or
preceding articles structure
(Art 275-278) exclusively
shall not prevent devoted for rest
the imposition and comfort. It is
upon the same not necessary
person of the that it be the
penalty provided permanent
for any other dwelling of the
felonies defined person.
and punished • Determining
under the Code. factor of whether
a building is a
SECTION TWO: dwelling depends
TRESPASS TO upon the use to
DWELLING which it is put.
• In general, all
ARTICLE members of a
280 household must
QUALIFIED be presumed to
TRESPASS TO have authority to
DWELLING extend an
invitation to enter
Elements: (PEA) the house.
1. That the offender • To commit
is a private trespass, the
person; entrance by the
accused should
be against the
275
CRIMINAL LAW BOOK
TWO
presumed/implie prior to or at the
d or express time of entrance.
prohibition of the • Prohibition is not
occupant. Lack necessary when
of permission violence or
does not amount intimidation is
to prohibition. employed by the
• There is an offender
implied (qualified
prohibition when trespass).
entrance is made • Violence/
through means Intimidation may
not intended for be the method by
ingress. which one may
• Rule: Whoever pass the
enters the threshold of the
dwelling of dwelling of
another at late another or the
hour of the night conduct
after the inmates immediately after
have retired and the entrance of
closed their the offender.
doors does so • Normally, all
against their will. trespassers have
Prohibition in this intention to
case is commit another
presumed. crime
• If a person was HOWEVER, if
killed after there is no overt
trespass by the act of crime
offender, the intended to be
following crimes done, what is
are committed: committed is
 If there was trespass to
no intent to dwelling.
kill when he • Trespass may be
entered - committed by the
separate owner of a
crimes of dwelling (i.e.
homicide or lessor enters the
murder and house leased to
qualified another against
trespass to the latter's will)
dwelling • If the offender is
 If there was a public officer or
intent to kill employee, the
when he crime committed
entered - the is violation of
crime of domicile.
homicide/mur
der with Cases to which
dwelling as the provision of
an this article is
aggravating NOT applicable:
circumstance 1. If the
entrance to
• Prohibition must another’s
be inexistence dwelling is
made for the
276
purpose of 1. That the
preventing offender
some serious enters the
harm to closed
himself, the premises or
occupants of the fenced
the dwelling estate of
or a third another
person. 2. That the
2. If the entrance is
purpose is to made while
render some either of
service to them is
humanity or uninhabited;
justice. 3. That the
3. If the place prohibition to
where enter be
entrance is manifest;
made is a 4. That the
café, tavern, trespasser
inn and other has not
public house, secured the
while the permission of
same are the owner or
open. the caretaker
thereof.
Note: A
person who Qualified Trespass Other Forms of
believes that to Trespass
a crime has Dwelling (Art. 281)
been (Art. 280)
committed
Offender is a private The offender is any
against him
person. person.
has every
right to go Offender Offender enters closed
after the enters a premises or fenced
dwelling house. estate.
culprit and
arrest him Place entered is Place entered is
without any inhabited. uninhabited.
warrant even
Act constituting the It is the entering the
if in the crime is entering the closed premises or the
process he dwelling against the fenced estate without
enters the will of the owner. securing the
house of permission of the
another owner or caretaker
against the thereof.
latter’s will.
Prohibition to enter is Prohibition to enter
(Sec. 6, Rule
express or implied. must be manifest.
113,
Rules of
Court) Premises – signifies
distinct and definite
locality. It may mean
ARTICLE 281
a room, shop,
OTHER FORMS
building or definite
OF TRESPASS
area, but in either
case, locality is fixed.
Elements:
(CUMN)
277
CRIMINAL LAW BOOK
TWO
SECTION 3. By threatening
THREE:
THREATS
AND
COERCION
ARTICLE Grave Threats Light Threats

282 Act threatened Act threatened does not
GRAVE amounts to a crime amount to a crime
THREATS
Acts punished: Threats Coercion

1. By threatening Intimidation is essential Intimidation or Violence
another with the is the essence of the
infliction upon his crime
person, honor, or Intimidation is Force or Violence must
property or that future and be imminent,
of his family of conditional. actual and
any wrong immediate.
amounting to a
crime and another with the
demanding infliction upon his
money or person, honor or
imposing any property or that
other condition of his family of
even though not any wrong
unlawful, and the amounting to a
offender attained crime, the threat
his purpose. not being subject
(with condition) to a condition.
2. By making such (without
threat without the condition)
offender attaining
his purpose.
(with condition;
Intimidation is directed Intimidation is directed
elements for this
against the victim or his against the victim only.
act are the same
family.
with the first
except that the
purpose is not Qualifying
Circumstance: If
attained.)
threat was made
in writing or
through a
middleman.
Elements of
Grave Threats
where the
offender
attained his
purpose:
(TCDA)
1. That the
offender
threatens
another
person with
the infliction
278
upon the be serious in
latter’s the sense
person, that it is
honor or deliberate
property, or and that the
upon that of offender
the latter’s persists in
family, of any the idea
wrong; involved in
2. That such his threats.
wrong • Intimidation
amounts to a (promise of
crime; future harm
3. That there is or injury) is
a demand for the essence
money or of the crime
that any • The crime of
other threats is
condition is consummate
imposed, d the
even though moment the
not unlawful; threat comes
4. That the to the
offender knowledge of
attains his the person
purpose. threatened.
• If there is
Elements of another
Grave Threats crime
NOT subject to actually
a condition: committed or
(TCN) the objective
1. That the of the
offender offender is
threatens another
another crime, and
person with the threat is
the infliction only a means
upon the to commit it
latter’s or a mere
person, incident to its
honor, or commission,
property, or the threat is
upon that of absorbed by
the latter’s the other
family, of any crime.
wrong. • If the threat
2. That such was made
wrong with the
amounts to a deliberate
crime. purpose of
3. That the creating in
threat is not the mind of
subject to a the person
condition. threatened
the belief that
• The third the threat
form of grave would be
threats must carried into
279
CRIMINAL LAW BOOK
TWO
effect, the 1. That the offender
crime makes a threat to
committed is commit a wrong;
grave threat, 2. That the wrong
and the does not
minor crime constitute a
which crime;
accompanied 3. That there is a
it should be demand for
disregarded. money or that
• When the other condition is
offender imposed even
demands the though not
money or unlawful;
property on 4. That the offender
the spot, the has attained his
crime is not purpose or, that
grave threats he has not
BUT robbery attained his
with purpose.
intimidation.
Note: Blackmailing
Note: may be punished
a. Threatening under Art. 283.
directly or
indirectly ARTICLE
another with 284
the infliction of BOND FOR
any wrong GOOD
upon his BEHAVIOR
person, honor
or property or When a person is
that of any required to give
immediate bail bond:
member or 1. When he
members of his threatens
family or; another under
b. Imposing a the
condition, circumstances
whether lawful mentioned in Art.
or 282.
unlawful. 2. When he
threatens
In order to prevent another under
such person from the
appearing in the circumstances
investigation of, or mentioned in Art.
official proceedings 283.
in, criminal cases is
punishable under PD
1829.
ARTICLE
283
LIGHT
THREATS
Elements: (TNDA/N)
280
Art. 35 Art. 284

Provides for bond to Provides for bond for
keep the peace good behavior
Not made applicable to Applicable only to
any particular case cases of grave threats
and light threats
It is a distinct penalty It is an additional
penalty
If the offender fails to If he shall fail to give
give the bond, he shall bail, he shall be
be detained for a sentenced to destierro
period not exceeding 6
months (if prosecuted
for grave/less grave
felony) or not
exceeding 30 days (if
prosecuted for light
felony)
ARTICLE 285  Where the

OTHER LIGHT threats are
THREATS directed to a
person who
Prohibited Acts: is absent and
(TOO) uttered in a
1. Threatening temporary fit
another with of anger, the
a weapon, or offense is
drawing such only other
weapon in a light threats.
quarrel,
unless it be Art. 285 Art. 282 and Art. 283
in lawful self-
defense. No demand for money. In certain cases,
2. Orally demand for money is
threatening material.
another, in No condition imposed. In certain cases,
the heat of imposed condition
anger, with is material.
some harm
Threat is not Threat is deliberate.
constituting a
deliberate.
crime,
without
persisting in ARTICLE 286
the idea GRAVE
involved in COERCION
his threat.
3. Orally Two Ways of
threatening Committing
to do another Grave
any harm not Coercion:
constituting a (PC)
felony. 1. By
preventing
281
CRIMINAL LAW BOOK
TWO
another by meetings,
means of expressing
violence, his opinions
threats or or casting his
intimidation, vote through
from doing the use of
something force or
not prohibited intimidation.
by law.
(Preventive) When
2. By COMPELLING is
compelling not considered
another, by Coercion:
means of • Under Art.
violence, 127: When a
threats or public officer
intimidation, compels a
to do person to
something change his
against his residence.
will, whether • Under Art.
it be right or 267: When a
wrong. person
(Compulsive) kidnaps his
debtor to
Preventive compel him
to pay.
The act prevented to
be done must not be Elements: (PCVN)
prohibited by law 1. That a person
prevented
another from
doing something
When not prohibited by
PREVENTING is law, or by
not considered compelling him
Coercion: to do something
• Under Art. against his will,
132: When a be it right or
public officer wrong;
prevents the 2. That the
ceremonies prevention or
of a religious compulsion be
group. effected by
• Under Art. violence, threats
143: When a or intimidation.
person 3. That the person
prevents the that restrained
meeting of a the will and
legislative liberty of another
assembly. has no right to do
• Under Art. so, or in other
145: When a words, that the
person restraint is not
prevents a made under
member of authority of law
Congress or in the exercise
from of any lawful
attending right.
282
party did not
When PRISION accede to the
MAYOR shall be purpose of
imposed: (VCP) the coercion.
1. If the coercion is
committed in ARTICLE 287
violation of the LIGHT
exercise of the COERCION
right of suffrage.
2. If the coercion is Elements:
committed to (CSVP)
compel another 1. That the
to perform any offender
religious act. must be a
3. If the coercion is creditor;
committed to 2. That he
prevent another seizes
from performing anything
any religious act. belonging to
Grave Coercion Unjust Vexation
The act of preventing The act was already

by force must be made done when the violence
at the time the offended was exerted.
party was doing or
about to do the act
prevented.
Grave Coercion Illegal Detention
Intent to deprive the Intent to deprive is

offended party of his present.
liberty is not clear (i.e.
may freely leave the
house but is compelled
to return).
Maltreatment of
Grave Coercion
Prisoners
If the offended party is If the offended party is
not a prisoner, a prisoner, extracting
extracting information information using force
using force or or intimidation is
intimidation is coercion. maltreatment.
• There is no his debtor;

grave 3. That the
coercion seizure of the
where the thing be
accused accomplishe
acted in good d by means
faith in the of violence or
performance a display of
of his duty. material force
• Coercion is producing
always intimidation;
consummate 4. That the
d even if the purpose of
offended the offender
283
CRIMINAL LAW BOOK
TWO
is to apply MERCHANDIS
the same to E & PAYMENT
the payment OF WAGES
of the debt. BY MEANS OF
TOKENS)
Unjust Vexation
(Art. 287, par. 2) Prohibited acts:
Includes any 1. Forcing or
human conduct compelling,
which although directly or
not productive of indirectly, or
some physical or knowingly
material harm permitting the
would, however, forcing or
unjustly annoy or compelling of
vex an innocent the laborer or
person. employee of
• In the offender to
determining purchase
whether the merchandise or
crime of commodities
unjust of any kind
vexation is from him
committed,
the offender's Elements:
act must have a. That the
caused offender is
annoyance, any
irritation, person,
vexation, agent or
torment, officer of
distress or any
disturbance association
to the mind of or
the person to corporation
whom it is .
directed. b. That he or
• It is such firm
distinguished or
from grave corporation
and light has
coercions by employed
the absence laborers or
of violence. employees
• Light coercion c. That he
will be unjust forces or
vexation compels,
when the directly or
element of indirectly,
violence is or
absent. knowingly
permits to
ARTICLE 288 be forced
OTHER or
SIMILAR compelled,
COERCIONS any of his
(COMPULSORY or its
PURCHASE OF laborers or
employees
284
to tokens or
purchase objects.
merchandi
se or  Inducing an
commoditie employee to give
s of any up any part of his
kind from wages by force,
him or from stealth,
said firm or intimidation,
corporation threat or by any
. other means is
unlawful under
2. Paying the Art. 116 of the
wages due his Labor Code, not
laborer or under the RPC.
employee by Wages shall be
means of paid in legal
tokens or tender and the
objects other use of tokens,
than the legal promissory
tender notes, vouchers,
currency of the coupons, or any
Philippines, other form
unless alleged to
expressly represent legal
requested by tender is
such laborer or absolutely
employee prohibited even
when expressly
Elements: requested by the
a. That the employee.
offender
pays the ARTICLE
wages due 289
a laborer or FORMATION
employee ,
employed MAINTENA
by him by NCE, &
means of PROHIBITION
tokens or OF
objects COMBINATION
b. That those OF
tokens or CAPITAL OR
objects are LAB
other than OR
the legal THR
tender OUG
currency of H
the VIOL
Philippines. ENC
c. That such E
employee OR
or laborer THR
does not EAT
expressly S
request
that he be Elements:
paid by
means of
285
CRIMINAL LAW BOOK
TWO
employs violence Elements:
or threats, in (PSID)
such a degree as 1. That the
to compel or offender is a
force the laborers private
or employers in individual or
the free and legal even a public
exercise of their officer not in
industry or work; the exercise
2. That the purpose of his official
is to organize, function;
maintain or 2. That he
prevent coalitions seizes the
of capital or papers or
laborers or letters of
lockout of another;
employers. 3. That the
purpose is to
• The act should discover the
not be a more secrets of
serious offense. such other
• Peaceful person;
picketing is 4. That the
allowed. When offender is
the picketers informed of
employ violence the contents
or if they make of the papers
threats, they or letters
shall be held seized.
liable for
coercion. Qualifying
• Preventing Circumstance:
employee from Offender reveals
joining any the contents of
registered labor such paper or
organization is letter of another
punished under to a third person.
the Labor Code, • Prejudice is
not under the not an
RPC. element of
this offense.
CHAPTER • There must
THREE: be taking
DISCOVERY possession
AND of papers or
REVELATION OF letters of
SECRETS another even
(ARTS. 290- for a short
292) time.
• If the
ARTICLE 290 purpose of
DISCOVERING seizure is to
SECRETS cause
THROUGH damage,
SEIZURE OF estafa is
CORRESPOND committed.
ENCE • If the
purpose is to
286
harass or Elements: (MLR)
annoy, the 1. That the offender
crime is is a manager,
unjust employee or
vexation. servant;
2. That he learns
Art. 230 the secrets of his
principal or
Public officer comes to
master in such
know the secret of any
capacity;
private individual by
reason of his office.
3. That he reveals
such secrets.
The secret is not
necessarily contained
 Damage is not
in papers or letters.
necessary.
ARTICLE
Reveals the secret
292
without justifiable
REVELATION OF
reason.
INDUSTRIAL
SECRETS
Act punished is the
revelation of secrets by
Elements: (MSRP)
the officer by reason of
his office.
is a person in
charge,
employee or
Article 290 NOT
workman of a
applicable to:
manufacturing or
1. Parents, industrial
guardians, or establishment;
persons
2. That the
entrusted
with the manufacturing/in
custody of dustrial
minors with establishment
respect to the has a secret of
papers or the industry
letters of the which the
children or offender has
minors learned; 3. That
placed under the offender
their care or reveals such
study; secrets; 4. That
2. Spouses with prejudice is
respect to the caused to the
papers or owner.
letters of
either of • Secrets must
them. relate to
manufacturing
ARTICLE process.
291 • Prejudice is an
REVEALING element in this
SECRETS offense
WITH
ABUSE OF
OFFICE
287
CRIMINAL LAW BOOK
TWO
TITLE TEN: force used upon
CRIMES AGAINST things.
PROPERTY
Personal
ARTICLE property
293 As long as the
WHO ARE personal property
GUILTY OF does not belong
ROBBERY to the accused
who has a valid
Robbery – is the claim thereover, it
taking of personal is immaterial
property belonging to whether said
another, with intent offender stole it
to gain, by means of from the owner, a
violence against, or mere possessor,
intimidation of any or even a thief of
person, or using the property.
force upon anything.
Unlawful taking
Classification of 1. Unlawful
Robbery: taking means
1. Robbery with appropriating
violence against, a thing
or intimidation of belonging to
persons (Arts. another and
294, 297 and placing it
298). under one's
2. Robbery by use control or
of force upon possession.
things (Arts. 2. Unlawful
299 and 302). taking is
COMPLETE:
Elements of a. Robbery
Robbery in with
general: violence
1. That there be against
personal or
property (bienes intimidati
muebles) on of
belonging to persons
another; —
2. That there offender
is has
unlawful already
taking the
(apoderamiento possessi
or asportacion) of on of the
that property; thing
3. That the taking even if
must be with he has
intent to gain no
(animus opportuni
lucrandi); ty to
4. That there is dispose
violence against of it.
or intimidation of b. Robbery
any person or with
force
288
upon intent to gain, he
things— cannot be held
the thing liable for robbery,
must be even if the
brought accused used
outside violence against
the or intimidation of
building person, or force
for upon things.
consum • Thus,
mated  If the
robbery property
to be turns out
committe to be the
d. offender’
s own
Intent to gain property,
Intent to gain is an
presumed from impossibl
the unlawful e crime
taking of is
personal property committe
d.
The elements of  If there
“personal was no
property intent to
belonging to gain,
another” and that estafa or
of “intent to gain” coercion
must concur. may be
• If the accused, committe
with intent to d.
gain, took from
another, personal Violence or
property which Intimidation
turned out to be • Violence or
his own property, intimidation must
the property not be present
belonging to BEFORE the
another, he taking of
cannot be held personal property
liable for robbery; is complete. But
even if in the when the
taking the violence results
accused used in homicide,
violence against rape, intentional
or intimidation of mutilation or any
person, or force of the serious
upon anything. physical injuries
• If he took penalized in Par.
personal property 1 and 2 of Art
from another, 263, the taking of
believing that it the personal
was his own property is
property, but in robbery
reality it complexed with
belonged to the any of those
offended party, crimes under Art.
there being no 294, even if the
289
CRIMINAL LAW BOOK
TWO
taking was there is no
already complete violence or
when the intimidation, but
violence was only force upon
used by the things, the taking
offender. is robbery only if
the force is used
• Art. 294 applies either to enter
only where the building or to
robbery with break doors,
violence against wardrobes,
or intimidation of chests, or any
persons takes other kind of
place without locked or sealed
entering an furniture or
inhabited house receptacle inside
under the the building or to
circumstances in force them open
Art. 299. When outside after
both taking the same
circumstances from the building.
are present, the
offense shall be • In the absence of
considered as a this element, the
complex crime crime committed
under Art. 48, is theft.
and the penalty
shall be for the • Intimidation does
graver offense in not need to be
the maximum physical since it
period. (Napolis can also be
v. CA, No. psychological.
L- 28865, Feb
28, 1972) • To determine the
number of
• If it is the owner robberies
who forcibly committed, check
takes the if all the elements
personalty from of robbery based
its lawful on the provisions
possessor, the of the different
crime is estafa means of
under Art. 316(3) committing the
since the former crime are
cannot commit present. If each
robbery on his case, the
own property elements of a
even if he uses certain kind of
violence or robbery are
intimidation. present, then it
constitutes one
• Whenever count of robbery
violence against already.
or intimidation of
any person is SECTION
used, the taking ONE:
of personal ROBBERY
property is WITH
always robbery. If
290
VIOLENCE (subdivision
AG 1 of Art. 263)
AI
NS 3. When by
T reason or on
OR occasion of
INT robbery, any
IMI of the
DA physical
TIO injuries
N penalized in
OF subdivision 2
PE of Art. 263 is
RS inflicted.
ON
S When the
person
ARTICLE injured -
294 a. Loses
ROBBERY the use
WITH of
VIOLENCE speech
AGAINST or the
OR power to
INTIMIDATIO hear or
N OF to smell,
PERSONS or loses
an eye, a
Acts Punished hand, a
under this Article: foot, an
1. (a) When by arm, or a
reason or on leg;
occasion of b. Loses
the robbery, the use
the crime of of any
homicide is such
committed; member;
(b) or when or
the robbery is c. Becomes
accompanied incapacit
by rape or ated for
intentional the work
mutilation or in which
arson. he was
therefore
2. When by habituall
reason or on y
occasion of engaged,
such robbery in
any of the consequ
physical ence of
injuries the
resulting in physical
insanity, injuries
imbecility, inflicted;
impotency or
blindness is 4. (a) If the
inflicted. violence or
intimidation
291
CRIMINAL LAW BOOK
TWO
employed in than 90
the days, in
commission consequ
of the ence of
robbery is the
carried to a physical
degree injuries
clearly inflicted.
unnecessary
for the When the
commission injured
of the crime; person
or (b) When becomes ill
in the course or
of its incapacitated
execution, for labor for
the offender more than 30
shall have days (but
inflicted upon must not be
ANY more than 90
PERSON days), as a
NOT result of the
RESPONSIB physical
LE FOR ITS injuries
COMMISSIO inflicted.
N physical
injuries 5. If the
covered by violence
subdivisions employed by
3 and 4 of the offender
Art. 263. does not
When the cause any of
person the serious
injured - a. physical
Becomes injuries
deformed, or defined in
b. Loses Art. 263, or if
any other the offender
member employs
of his intimidation
body, or only. (simple
c. Loses robbery)
the use
thereof, These offenses
or are known as
d. Becomes SPECIAL
ill or COMPLEX
incapacit CRIMES. Crimes
ated for defined under
the this article are
performa the following: 1.
nce of Robbery with
the work homicide
in which 2. Robbery with
he was rape
habituall 3. Robbery with
y intentional
engaged mutilation
for more
292
4. Robbery with take personal
arson property of
5. Robbery with the victim
serious arises as an
physical afterthought,
injuries where his
original intent
Robbery with was to kill, he
Homicide is guilty of
• The term two separate
“homicide” is crimes of
used in its homicide or
generic murder, as
sense and the case may
includes any be, and theft.
kind of killing, • The phrase
whether “by reason”
parricide or covers
murder or homicide
where committed
several before or
persons are after the
killed and the taking of
name of this personal
special property of
complex another, as
crime shall long as the
remain as motive of the
robbery with offender in
homicide. killing is to
The deprive the
qualifying victim of his
circumstance personal
(e.g. property
treachery in which is
murder) will sought to be
only become accomplishe
an d by
aggravating eliminating
circumstance an obstacle,
. killing a
• Homicide person after
may precede robbery to do
robbery or away with a
may occur witness or to
after robbery. defend the
What is possession
essential is of the stolen
that the property.
offender • There is
must have robbery with
intent to take homicide
personal even if the
property person killed
before the was a
killing. bystander
• Where the and not the
offender’s person
intention to robbed or
293
CRIMINAL LAW BOOK
TWO
even if it was • Robbery with
one of the rape does
offenders. not cover
The law does robbery with
not require attempted
the victim of rape since
the robbery what is
be also the provided by
victim of the RPC is a
homicide. special
• Robbery with complex
homicide crime of
exists even if robbery with
the death of rape.
the victim Robbery with
supervened attempted
by mere rape cannot
accident. It is be
sufficient that complexed
a homicide under Art. 48
resulted by since one
reason or on crime is not a
the occasion necessary
of the means of
robbery. committing
(People v. the other nor
Mangulabna can both be
n, 99 results of a
Phil. 992 single act.
[1956]) • All the
robbers may
Robbery with be held liable
Rape for robbery
• In robbery with rape
with rape, the even if not all
law uses the of them
phrase “when committed
the robbery the crime of
shall have rape based
been on the
accompanied concept of
by rape”. But conspiracy.
like in (People vs.
robbery with Balacanao,
homicide, the G.R. No.
offender 118133,
must have February 28,
the intent to 2003)
take the  Par 1 of
personal this
property article
belonging to also
another with applies
intent to gain, even if
and such the victim
intent must of the
precede the rape
rape. committe
d by the
294
accused In the case of
was robbery with
herself a arson, it is
member essential that the
of the robbery precedes
gang of the arson. There
robbers. must be an intent
to commit
Note: There is no robbery and no
crime of Robbery killing, rape or
with Multiple intentional
Homicide or mutilation should
Robbery with be committed in
Multiple Counts the course of the
of Rape. robbery, or else,
Although there arson will only be
be more than one considered an
instance of aggravating
homicide/murder circumstance of
or rape, they the crime actually
shall be committed.
considered as
embraced under Robbery with
one special Serious
complex crime of Physical
either Robbery Injuries
with Homicide or • Par 2 and
Robbery with par. 3 of this
Rape. article also
apply even
Neither shall the when the
additional rape/s serious
or homicide/s be physical
considered injuries
aggravating. referred to
Unless and until therein are
a law is passed inflicted upon
providing that the a corobber.
additional rape/s • Under the 4th
(or homicide/s) act
may be punishable,
considered clause A, the
aggravating, the violence
Court must need not
construe the result in
penal law in favor serious
of the offender as physical
no person may injuries. The
be brought within first clause in
its terms if he is Art 294 par 4
not clearly made requires only
so by the statute. that the
(People vs. violence be
Sultan, G. R. No. unnecessary
132470, April, for the
27, 2000). commission
of the crime.
Robbery with • To be
Arson considered
295
CRIMINAL LAW BOOK
TWO
as robbery robbery as
with physical an element
injuries, the thereof.
injuries
inflicted must • Violence or
be serious; intimidation
otherwise, may enter at
they shall be any time
absorbed in before the
the robbery. owner is
However, if finally
the less deprived of
serious or his property.
slight This is so
physical because
injuries were asportation is
committed a complex
after the fact, a whole
robbery was divisible into
consummate parts, a
d, that would series of
constitute a acts, in the
separate course of
offense. which
• Under clause personal
B, it is violence or
required that intimidation
the physical may be
injuries be injected.
inflicted in
the course Threats to Extort Robbery thru
of the Money Intimidation
execution of
Intimidation is Intimidation is
the robbery
conditional or future. actual and
and that any immediate.
of them was
inflicted upon Intimidation may be Intimidation is personal.
through an intermediary.
any person
not Intimidation may refer to Intimidation is directed
responsible person, honor or only to the person of the
for the property of the offended victim.
commission party or of his family.
of the The gain of the culprit is The gain of the culprit is
robbery not immediate. immediate.
Simple Robbery Robbery Bribery

• Par. 5 is
known as The victim is deprived of He parts with his
his money, property by money, in a sense,
simple
force or intimidation. voluntarily.
robbery
because they
only involve Robbery Grave Coercion
slight or less
With intent to gain No intent to gain
serious
physical
injuries, ARTICLE 295
which are ROBBERY
absorbed in WITH
the crime of PHYSICAL
296
INJURIES, offender shall
COMMITTED be punished
IN AN by the
UNINHABITE maximum
D period or the
PLACE BY A proper
BAND OR WITH penalties
THE USE prescribed in
OF FIREARM ON A Art. 294.
STREET, ROAD
OR This article
ALLEY provides five
special
Qualified aggravating
Robbery with circumstance
Violence s which,
Against or because they
Intimidation of impose the
Persons: penalty in the
Nos. 3, 4, and 5 maximum
of Article 294 if period and
committed: cannot be
offset by a
1. In an
generic
uninhabited
mitigating
place
circumstance
(despoblado)
, are also
; or
considered
2. By a band
as qualifying
(en cuadrilla);
circumstance
or
s.
3. By attacking
a moving
train, street Art. 294 Art. 300
car, motor
Despoblado and en Both must concur
vehicle, or
cuadrilla need not
airship; or
concur
4. By entering
the
passengers’ If the crime
compartment committed is
s in a train, or robbery with
in any homicide,
manner rape,
taking the mutilation or
passengers arson (Par.
by surprise in 1) or with
their physical
respective injuries under
conveyances subdivision 1
; or of Art. 263
5. On a street, (Par. 2),
road, despoblado
highway, or and cuadrilla
alley, and the will each be
intimidation is considered
made with only as a
use of generic
firearms, the aggravating
297
CRIMINAL LAW BOOK
TWO
circumstance committed by
. the band,
unless it be
ARTICLE 296 shown that
DEFINITION he attempted
OF A BAND to prevent
AND the same.
PENALTY
INCURRED BY Art. 296, just like
THE Art. 295, also
MEMBERS applies only
THEREOF to robbery
under pars.
Outline: 3, 4 and 5 of
1. When at Art. 294, and
least four not to
armed robbery with
malefactors homicide,
take part in rape,
the intentional
commission mutilation,
of a robbery, arson or the
it is deemed physical
committed by injuries in
a band. par. 1 of Art.
2. When any of 263.
the arms
used in the PD 1866
commission penalizes
of robbery is illegal
not licensed, possession
the penalty of firearm in
upon all addition to
malefactors criminal
shall be the liability for
maximum of robbery by a
the band.
correspondin
g penalty Under R.A.
provided by No. 8294, the
law without use of unlawful
prejudice to firearm in murder
the criminal and homicide is
liability for now considered
illegal not as a separate
possession crime but merely
of firearms. a special
3. Any member aggravating
by a band circumstance.
who was
present at Use of
the unlicensed
commission firearm by a
of a robbery band in the
by the band, commission
shall be of robbery
punished as with physical
principal of injuries
any assaults cannot be
298
offset by a Apduhan, Jr.,
generic G.R. No.
mitigating L-19491,
circumstance August 30,
. 1968)
Requisites for ARTICLE 297

liability for the ATTEMPT
acts of other ED AND
members of FRUSTRA
the band: 1. TED
He was a ROBBERY
member of the COMMITTED
band; UNDER CERTAIN
2. He was CIRCUMSTANCES
present at
the Special
commission Complex Crime:
of a robbery When by reason
by that band; or on occasion of
3. The other an attempted or
members of frustrated
that band robbery, a
committed an homicide is
assault; committed.
4. He did not
attempt to
“Homicide” under
prevent the
this article is also
assault.
used in its
generic sense -
• Proof of to include any
conspiracy is other unlawful
not killing. However,
necessary if the killing
when four or legally
more armed constituted
persons murder or
committed parricide, the
robbery. offense will
• The continue to be
circumstance covered by Art.
that the 297 with the
robbery was technical name
committed by stated therein,
a band would but the penalty
only be shall be for
appreciated murder or
as an parricide
ordinary because Art. 297
aggravating states, “unless
circumstance the homicide
in Robbery (killing)
with committed shall
Homicide. No deserve a higher
such crime penalty under
as robbery this Code.”
with homicide
in band.
(People vs.
299
CRIMINAL LAW BOOK
TWO
The penalty is the on the
same whether occasion of
the robbery is the aborted
attempted or robbery but
frustrated. not employed
as a means
If homicide is not of committing
consummated, the latter,
the crimes of these will be
robbery and separate
attempted or crimes of
frustrated attempted or
homicide: 1. May frustrated
be complexed robbery and
(Article 48), or physical
2. Considered injuries.
as separate 3. If both killing
crimes, or and physical
3. Considered injuries were
as one crime, committed on
one that
absorbing the occasion, the
other. crime will be
penalized in
If physical accordance
injuries were with Art. 297
inflicted on the but the
victim, but no physical
intent to kill injuries will
was proved and be absorbed.
the victim did
not die, the  When the
liability of the offense
offender may committed is
be as follows: attempted or
1. If the frustrated
physical robbery with
injuries were serious
by reason of physical
the injuries, Art.
attempted or 48 is
frustrated applicable,
robbery as since the
the means felony would
for the fall neither
commission under Art
of the latter, 294 which
the injuries covers
are absorbed consummate
by the latter d robbery
and the crime with
shall only be homicide nor
attempted or under Art
frustrated 297 which
robbery. covers
2. If the attempted or
physical frustrated
injuries were robbery with
inflicted only homicide.
300
However, for Elements:
Art. 48 to (Subdivision A)
apply, 1. The offender
serious entered
physical a. an inhabited
injuries must house,
be employed b. a public
as a building or
necessary c. an edifice
means of devoted to
committing religious
robbery. worship
2. The entrance
ARTICLE 298 was effected
EXECUTION OF by any of the
DEEDS BY following
MEANS OF means:
VIOLENCE OR a. Through an
INTIMIDATION opening not
intended for
Elements: entrance or
1. That the egress;
offender has b. By breaking
intent to any wall,
defraud roof, floor,
another; door, or
2. That the window;
offender c. By using
compels him false keys,
to sign, picklocks or
execute, or similar tools;
deliver any or
public d. By using any
instrument or fictitious
document; name or
3. That the pretending
compulsion is the exercise
by means of of public
violence or authority.
intimidation. 3. That once
inside the
SECTION TWO: building, the
ROBBERY offender took
WITH THE USE personal
OF FORCE property
UPON THINGS belonging to
another with
ARTICLE 299 intent to gain
ROBBERY IN
AN INHABITED • Any of the four
HOUSE/ means described
PUBLIC in subdivision (a)
BUILDING OR of Art. 299 must
EDIFICE be resorted to by
DEVOTED TO the offender TO
WORSHIP ENTER a house,
not to get out.
• The wall broken
must be an
301
CRIMINAL LAW BOOK
TWO
outside wall, not circumstances
a wall between under which he
rooms in a house entered it.
or building,
because the 2. The offender
breaking of a wall takes personal
must be for the property
purpose of belonging to
entering. another with
• But if a room is intent to gain
occupied by a under any of the
person as his following
separate circumstances:
dwelling, the a. by the
breaking of the breaking of
room’s wall may internal doors,
give rise to wardrobes,
robbery. chests, or any
• False keys are other kind of
genuine keys sealed furniture
stolen from the or receptacle
owner or any b. by taking
keys other than such furniture or
those intended objects away to
by the owner for be broken open
use in the lock outside the place
forcibly opened of the robbery
by the offender.
• The false key or • Entrance into the
picklock must be building by any
used for entering means
the building. mentioned in
• The whole body subdivision (a) of
of the culprit Article 299 is not
must be inside required in
the building to robbery under
constitute subdivision (b) of
entering. the same article.
• Not every
physical force • The term door
exerted by the under this
offender is subdivision refers
covered by Art. only to doors lids
299, hence or opening
breaking store sheets
windows to steal of furniture or
something but other
without entry, is portable
only theft. receptacles-
NOT to
Elements: outside doors
(Subdivision B) of house or
1. Offender is inside building.
a dwelling house,
public building or • It is estafa or
edifice devoted theft, if the
to religious locked or sealed
worship, receptacle is not
regardless of the forced open in
302
the building inhabitants
where it is kept thereof shall
or taken temporarily be
therefrom to be absent therefrom
broken outside. when the robbery
is committed.
ARTICLE 300
ROBBER Dependencies
Y IN AN of an inhabited
UNINHABI house, public
TED building or
PLAC building
E AND dedicated to
BY A religious
BAND worship – all
interior courts,
Under this Article, corrals,
Robbery with warehouses,
Force Upon granaries or
Things is enclosed places
qualified when 1. Contiguous to
committed in an the building or
uninhabited edifice,
place AND by a 2. Having an
band, as interior
distinguished entrance
from Qualified connected
Robbery with therewith,
Violence or and
Intimidation of 3. Which form
Persons (Art. part of the
295) which is whole.
committed in an
uninhabited place Orchards and other
OR by a band. lands used for
cultivation or
ARTICLE 301 production are
WHAT IS AN not included in
INHABITED the terms of the
HOUSE, PUBLIC next preceding
BUILDING OR paragraph, even
BUILDING if closed,
DEDICATED contiguous to the
TO building and
RELIGIOUS having direct
WORSHIP connection
AND THEIR therewith.
DEPENDENCIE
S Public Building
– includes every
Inhabited House building owned
– means any by the
shelter, ship, or Government or
vessel belonging to a
constituting the private person
dwelling of one or not included,
more persons, used or rented by
even though the the Government,
although
303
CRIMINAL LAW BOOK
TWO
temporarily c. The
unoccupied by entrance
the same. was
effected
ARTICLE 302 through
ROBBERY IN AN the use
UNINHABITED of false
PLACE keys,
OR IN picklocks
A or other
PRIVA similar
TE tools;
BUILDI d. A door,
NG wardrobe
, chest,
Elements: or any
1. That the sealed or
offender closed
entered an furniture
uninhabited or
place or a receptacle
building was broken;
which was or
not a e. A closed
dwelling or sealed
house, not a receptacl
public e was
building, or removed,
not an edifice even if
devoted to the same
religious be
worship; broken
2. That any of open
the following elsewher
circumstance e;
s was 3. That with
present: intent to gain,
a. The the offender
entrance took
was therefrom
effected personal
through property
an belonging to
opening another.
not
intended • The only
for difference
entrance between Arts.
or 299 and 302 is
egress; that the use of
b. A wall, fictitious name or
roof, simulation of
floor, or public authority
outside can be used only
door or in Art. 299 which
window refers to
was inhabited
broken; buildings and not
in Art. 302 which
304
involves are the
uninhabited or immediate
other places. product of the
• While Art. 302 soil.
provides for
robbery in an The palay must be
“uninhabited kept by the
place,” it actually owner as
means an “seedling” or
uninhabited taken for that
house. purpose by the
robbers.
• When the
property taken is
a mail matter
during any of the ARTICLE 304
robbery defined POSSE
in Arts. 294, 295, SSION
297, 299, 300 & OF
302, the PICKLO
penalties next CKS
higher than those OR SIMILAR
provided in said TOOLS
articles shall be
imposed. Elements:
1. That the
• The taking of offender has
large cattle is in his
now punished possession
under P.D. No. picklocks or
533. similar tools;
2. That such
ARTICLE 303 picklocks or
ROBBERY OF similar tools
CEREALS, are specially
FRUITS, OR adopted to the
FIREWO commission of
OD IN robbery;
AN 3. That the
UNINHA offender does
BITED not have
PLACE lawful cause
OR for such
PRIVAT possession.
E
BUILDI  Actual use of
NG picklocks or
similar tools
Penalty is 1 degree is not
lower when necessary in
cereals, fruits, or illegal
firewood are possession
taken in robbery thereof.
with force upon
things. ARTICLE 305
FALSE KEYS
Cereals are
seedlings which Inclusions:
305
CRIMINAL LAW BOOK
TWO
1. Tools not each of the
mentioned in Islands of the
the next Philippine
preceding Archipelago,
article irrespective of its
2. Genuine depth, breadth,
keys stolen length or
from the dimension, and
owner all other waters
3. Any keys belonging to the
other than Philippines by
those historic or legal
intended by title, including
the owner for territorial sea, the
use in the sea-bed, the
lock forcibly insular shelves,
opened by and other
the offender. submarine areas
over which the
• A master key Philippines has
is a picklock sovereignty or
and its jurisdiction
possession is
punishable. Vessel – any
• A lost or vessel or
misplaced watercraft used
key found by for transport of
another and passengers and
not returned cargo from one
to its rightful place to another
owner is through
considered Philippine waters
as a genuine and includes all
key stolen kinds and types
from the of vessels or
owner. boats used in
fishing
CHAPTER TWO:
BRIGANDAGE Philippine highway
(ARTS. 306-307) – refer to any road,
street, passage,
PRESIDENTIAL highway and bridges
DECREE 532 or other parts
Modified Arts. thereof, or railway or
306 & 307 railroad within the
Philippines used by
Definition of persons, or vehicles,
Terms (Section or locomotives or
2) trains for the
movement or
circulation of persons
Philippine
or transportation of
waters – refer to
goods, articles, or
all bodies of
property or both
water, such as
but not limited to
seas, gulfs, bays Piracy – any attack
around, between upon or seizure of
and connecting any vessel, or the
taking away of the
306
whole or part thereof not only against
or its cargo, specific, intended
equipment, or the or perceived
personal belongings victims, but
of its complement or against any and
passengers, all prospective
irrespective of the victims.
value thereof, by
means of violence  Any person who
against or aids or protects
intimidation of highway robbers
persons or force or abets the
upon things commission of
committed by any highway robbery
person, including a or brigandage
passenger or shall be
member of the considered as an
complement of said ACCOMPLICE.
vessel, in Philippine
waters, shall be Punishable Acts
considered as piracy 1. Piracy (Section
and 3)
offenders shall be 2. Highway
considered as pirates robbery/briganda
ge (Section 3)
Highway 3. Aiding pirates or
robbery/brigandage highway robbers/
– seizure of any brigands or
person for ransom, abetting piracy or
extortion or other highway robbery/
unlawful purposes, or brigandage
the taking away of (Section 4)
the property of
another by means of
Brigandage
violence against or PD 532
(Art. 306, RPC)
intimidation of
persons or force Mere conspiracy to Mere formation of a
constitute the offense band for any purpose
upon things or other of brigandage is not indicated in the law is
unlawful means, punishable punishable
committed by any (presupposes that
person on any acts defined are
Philippine highway actually committed)
Offenders need not Offenders must be a
Elements: constitute a band. band of robbers
1. The robbery One person can
should take place commit the crime.
along the
Philippine ARTICLE 306
highway. BRIGANDAGE
2. The act of
robbery must be Elements:
indiscriminate. It
1. There be at
should not be an
least four
isolated case.
armed
3. The victim was
persons
not
2. They formed
predetermined.
a band of
The robbery
robbers
must be directed
307
CRIMINAL LAW BOOK
TWO
3. The purpose three armed
is any of the persons
following: forming a
a. To band of
commit robbers;
robbery 2. That the
in a purpose of
highway; the band is
or any of those
b. To enumerated
kidnap in Art. 306;
persons 3. That they
for the went upon
purpose the highway
of or roamed
extortion upon the
or to country for
obtain that purpose;
ransom; 4. That the
or accused is a
c. To attain member of
by such band.
means of
force or Brigandage Robbery in Band
violence
Purpose: commit Purpose:
any other
robbery in highway; or commit
purpose to kidnap person for robbery, not necessarily
ransom; or any other in highways
Presumption of purpose attained by
law as to force and violence
brigandage: All
Agreement is to Agreement is to commit
are presumed to commit several a particular robbery.
be highway robberies.
robbers or
Mere formation Actual commission of
brigands, if any
is punished. robbery is necessary.
of them carry
unlicensed
firearm. ARTICLE
 Brigandage 307
may be AIDING OR
committed ABETTING
without the A
use of BAND OF
firearms. The BRIGANDS
term “armed”
covers arms Elements:
and weapons 1. That there is a
in general, band of brigands;
not 2. That the offender
necessarily knows the band
firearms. to be of brigands;
The only things does any of the
to prove are: following acts:
1. That there is a. That he
an aids, abets,
organization or protects
of more than such band of
brigands;
308
b. That he personal
gives them property;
information 2. That said
on the property belongs
movements to another;
of the police 3. That the taking
or other be done with
peace intent to gain;
officers of 4. That the taking
the be done without
government; the consent of
or the owner;
c. That he 5. That the taking
acquires or be accomplished
receives without the use
property of violence
taken by against or
such intimidation of
brigands. persons or force
upon things.
 It shall be
presumed that Theft is likewise
the person committed by:
performing any 1. Any person
of the acts who, having
provided in this found lost
article has property,
performed them shall fail to
knowingly, unless deliver the
the contrary is same to
proven. the local
authorities or to
CHAPTER THREE: its owner;
THEFT (ARTS. 308-
311) It is necessary
to prove:
ARTICLE a. The time of
308 the seizure of
WHO ARE the thing;
LIABLE b. That it was a
FOR THEFT lost property
belonging to
Theft – is committed another; and
by any person who, c. That the
with intent to gain but accused
without violence or having had
intimidation of the
persons nor force opportunity to
upon things, shall return or
take the personal deliver the
property of another lost property
without the latter’s to its owner
consent. or to the local
authorities,
Elements: refrained
1. That there be from doing
taking of so.
309
CRIMINAL LAW BOOK
TWO
• The term is
“lost forbidden
property” or which
embraces belongs
loss by to
stealing. another;
• The finder in 2. That the
law can also offender
be held liable enters
for theft the
under this same;
paragraph. 3. That the
offender
2. Any person hunts or
who, after fishes
having upon the
maliciously same or
damaged the gathers
property of fruits,
another, shall cereals,
remove or or other
make use of forest or
the fruits or farm
object of the products
damage in the
caused by estate or
him; field; and
3. Any person 4. That the
who shall hunting
enter an or fishing
enclosed or
estate or a gathering
field where of
trespass is products
forbidden or is without
which the
belongs to consent
another and of the
without the owner.
consent of its
owner; shall • The fishing
hunt or fish referred to in
upon the this article is
same or shall not fishing in
gather fruits, the fishpond
cereals, or or fishery;
other forest otherwise it is
or farm qualified theft
products. under Art
310.
Elements: • Theft is not a
1. That continuing
there is offense.
an • What
enclosed distinguishes
estate or THEFT from
a field ROBBERY is
where that in theft
trespass the offender
310
does not use property stolen is
violence or not a constitutive
intimidation element of the
or does not crime of theft. It
enter a finds no support
house or or extension in
building Article 308,
through any whether as a
of the means descriptive or
specified in operative
Art. 299 or element of theft
Art. 302 in or as the mens
taking rea or actus reus
personal of the felony
property of (Valenzuela vs.
another with People of the
intent to gain. Philippines, G.
• In theft, the R. No. 160188,
phrase used June 21, 2007).
is “shall take
personal Theft is not
property of limited to an actual
another”, not finder of lost property
“shall take who does not return
away such or deposit it with the
property”. local authorities but
• In theft, it includes a policeman
suffices that to whom he
consent on entrusted it and who
the part of misappropriated the
the owner is same, as the latter is
lacking. In also a finder in law.
robbery, it is
necessary Theft of electricity is
that the also punishable
taking is under RA 7832,
against the the Anti-
will of the Electricity and
owner. Electric
Transmission
From the moment Lines/Materials
the offender Pilferage Act of
gained 1994.
possession of
the thing, even if ARTICLE 309
the culprit had no PENALTIES
opportunity to
dispose of the The basis of
same, the penalty in Theft
unlawful taking is is:
complete 1. The value of
(People vs. the thing
Salvilla, GR. No. stolen, and in
86163, April 26, some cases,
1990). 2. The value
and the
The ability of the nature of the
offender to freely property
dispose of the taken, or
311
CRIMINAL LAW BOOK
TWO
3. The vehicular
circumstance accident or
s or causes civil
that impelled disturbance
the culprit to
commit the Elements:
crime. 1. Taking of
personal
ARTICLE 310 property;
QUALIFIED 2. That the said
THEFT property
belongs to
There is another;
qualified theft 3. That the said
in the following taking be
instances: done with
1. If theft is intent to gain;
committed by 4. That it be
a domestic done without
servant the owner’s
2. If consent;
committed 5. That it be
with accomplishe
grave d without the
abuse of use of
confidence violence or
3. If the intimidation
property against
stolen is (a) persons, nor
motor of force upon
vehicle, (b) things;
mail matter 6. That it be
or (c) large done with
cattle grave abuse
4. If the of
property confidence.
stolen (People v.
consists of Puig, G.R.
coconuts Nos.
taken from 173654-765,
the premises August 28,
of plantation. 2008)
5. If the • Penalty for
property qualified theft
stolen is is two
taken from a degrees
fishpond or higher than
fishery that provided
6. If property is in Art. 309.
taken on the
occasion of
fire,
earthquake,
typhoon,
volcanic ANTI
eruption, or CARNAPPING
any other ACT of 1972
calamity, (R.A. 6539)
312
Carnapping - made
taking, with intent between
to gain, of motor homicide and
vehicle belonging murder.
to another
without the • If the motor
latter’s consent, vehicle was
or by means of not taken by
violence against the offender
or intimidation of but was
persons, or by delivered by
using force upon the owner or
things. the
possessor to
Motor Vehicle – the offender,
any vehicle which who
is motorized thereafter
using the streets misappropriat
which are public, ed the same,
not exclusively the crime is
for private use, either
comes within the qualified theft
concept of motor or estafa
vehicle. It
includes all Qualified Theft
vehicles only: If material
propelled by or physical
power, other than possession was
muscular power. given to the
offender
• If the
OWNER, Estafa only: If
DRIVER OR material plus
OCCUPANT juridical
of a possession were
carnapped given to the
vehicle is offender
killed or
raped in the CATTLE
course of the RUSTLING
commission LAW of 1974
of the (P.D. 533)
carnapping
or on the Cattle Rustling
occasion – is defined as
thereof, the the taking away
penalty of by means,
reclusion method or
perpetua to scheme, without
death shall the consent of
be imposed. the owner/raiser,
of any large
• Since Sec. cattle whether or
14 of RA not for profit or
6539 uses gain, or whether
the words “IS committed with or
KILLED,” no without violence
distinction against or
must be intimidation of
313
CRIMINAL LAW BOOK
TWO
persons or force fishery/aquatic
upon things. It products in
includes the Philippine waters
killing of large with the use of
cattle or taking it explosives,
as meat or hide obnoxious or
without the poisonous
consent of the substances or by
owner/raiser. the use of
electricity.
Large Cattle –
shall include the Dealing in
cow, carabao, illegally caught
horse, mule, ass, fish or
or other fishery/aquatic
domesticated products – any
member of the person who
bovine family. possesses or
Goats are not deals in, sells or
large cattle. in any manner
disposes of, for
Presumption of profit , any fish,
Cattle Rustling: fishery/aquatic
Failure to exhibit products which
the required have been
documents by illegally caught,
any person taken or
having in his gathered.
possession,
control, or “HIGHGRADI
custody of large NG” OR
cattle, upon THEFT OF
demand by GOLD
competent (P.D. 581)
authorities shall
be prima facie “Highgrading”
evidence that the or Theft of Gold
large cattle in his – the act of any
possession, person who shall
control and take gold-bearing
custody are the ores or rocks
fruits of the crime from a mining
of cattle rustling. claim or mining
camp or shall
LAW remove, collect
ON or gather gold-
ILLEGA bearing ores or
L rocks in place or
FISHIN shall extract or
G remove the gold;
(P.D. 534) from such ores or
rocks, or shall
Illegal Fishing – prepare and treat
the act of any such ores or
person to catch, rocks to recover
take or gather or or extract the
cause to be gold content
caught, taken or thereof, without
gathered fish or the consent of
314
the operator of should be
the mining claim. known to
him, to have
Presumption: been derived
Unauthorized from the
possession by proceeds of
any person said crime;
within a mining 3. Accused
claim or mining knows or
camp of gold- should have
bearing ores or known that
rocks or of gold said article,
extracted or item, object
removed from or anything of
such ores or value has
rocks shall be been derived
prima facie from the
evidence that proceeds of
they have been theft or
stolen from the robbery;
operator of a 4. Accused has
mining claim intent to gain
(Sec. 2). for himself or
another.
ANTI –
FENCING LAW Section 2.
( Definition of
P.D. 1612) Terms.
Elements:
1. Crime of Fencing – the
robbery or act of any person
theft has who, with intent
been to gain for
committed; himself or for
2. Accused, another, shall
who is not a buy, receive,
principal or possess, keep,
accomplice in acquire, conceal,
the sell, or dispose
commission of, or shall buy
of the crime and sell, or in any
of robbery or other manner
theft, buys, deal any article,
receives, item, object or
possesses, anything of value
keeps, which he knows,
acquires, or should be
conceals, known to him, to
sells, or have been
disposes of, derived from the
or shall buy proceeds of the
and sell, or in crime of robbery
any other or theft.
manner deal
any article, Section 5.
item, object Presumption of
or anything of Fencing.
value which • Mere
he knows, or possession
315
CRIMINAL LAW BOOK
TWO
of any good, • Fencing is
article, item, not a
object, or continuing
anything of offense. The
value which court of the
has been the place where
subject of fencing was
robbery or committed
thievery shall has
be prima jurisdiction
facie over the
evidence of case. The
fencing. place where
robbery or
Section 6. theft took
Clearance/Permit place is
to Sell Used/ insignificant.
Second Hand • An accessory
Articles. to the crime
• All stores, of robbery or
establishmen theft may
ts or entities also be held
dealing in the liable for
buy and sell fencing.
of any good,
article, item, PRESIDENTIAL
object or DECREE NO.
anything of 401
value shall, Penalizing the
before Unauthori
offering the zed
same for sale Installatio
to the public, n of
secure the Water,
necessary Electrical
clearance or or
permit from Telephon
the station e
commander Connections,
of the the Use of
Integrated Tampered
National Water or
Police in the Electrical
town or city Meters, and
where such other Acts
store, (March 1, 1974)
establishmen
t or entity is Acts punished:
located. 1. The use of
• Any person tampered
who fails to water or
secure the electrical
required meters to
clearance/per steal water or
mit shall also electricity;
be punished 2. The stealing
as a fence. or pilfering of
water and/or
Notes:
316
electrical QUALIFIED
meters, THEFT
electric (P.D. NO.
and/or 330)
telephone
wires; Any person, whether
3. Knowingly natural or juridical
possessing who directly or
stolen or indirectly cuts,
pilfered water gathers, removes, or
and/or smuggles timber, or
electrical other forest products,
meters and either from any of the
stolen public forest, forest
or pilfered electric reserves and other
and/or telephone kinds of public forest,
wires. whether under
license or lease, or
Theft of electricity from any privately
can also be owned forest land in
committed by any violation of existing
of the following laws, rules and
means: regulations shall be
1. Turning back the guilty of the crime of
dials of the qualified theft.
electric meter;
2. Fixing the electric P.D. NO. 705
meter in such a REVISING
manner that it will PRESIDENTIAL
not register the DECREE NO.
actual electric 389,
consumption; OTHERWIS
3. Under-reading of E KNOWN
electric AS THE
consumption; FORESTRY
and REFORM
4. Tightening screw CODE OF
or rotary blades THE
to slow down the PHILIPPINE
rotation of the S
same (People v.
Relova, No. L- Acts punished:
45129, March 6, 1. Cutting,
1987). gathering and/or
collecting timber
PENALIZING or other products
TIMBER without license
SMUGGLING OR from any forest
ILLEGAL land or timber
CUTTING from alienable
OF LOGS and disposable
FROM public lands or
PUBLIC from private
FORESTS lands shall be
AND guilty of qualified
FOREST theft under Art
RESERVES 309 and 310 of
AS the RPC;
317
CRIMINAL LAW BOOK
TWO
2. Entering and 5. Selling or offering
occupying or for sale any log,
possessing, or lumber, plywood
making kaingin or other
for his own manufactured
private use or for wood products in
others any forest the international
land without or domestic
authority or market, unless
destroying in any he complies with
manner such the grading rules
forest land or established or to
part thereof, or be established by
causing any the Government.
damage to the
timber stand and ARTICLE 311
other products THEFT OF
and forest THE
growths found PROPERT
therein; Y OF THE
3. Grazing or NATIONAL
causing to graze LIBRARY
without authority AND
livestock in forest NATIONAL
lands, grazing MUSEUM
lands and
alienable and Theft of
disposable lands property on
which have not National
as yet been Library and
disposed of in Museum has
accordance with a fixed
Public Land Act; penalty
4. Occupying for regardless of
any length of its value. But
time without if the crime is
permit any committed
portion of the with grave
national parks abuse of
system or confidence,
cutting, the penalty
destroying, for qualified
damaging, or theft shall be
removing timber imposed,
or any species of because Art
vegetation or 311 says
forest cover and “unless a
other natural higher
resources found penalty
therein or should be
mutilating, provided
defacing, or under the
destroying provisions of
objects of natural this Code.”
beauty or of
scenic value
within areas of
the natural park
system;
318
CHAPTER violence
FOUR: against or
USURPATION intimidation
(ARTS. 312-313) of persons.
2. By usurping
ARTICLE 312 any real
OCCUPATION OF rights in
REAL PROPERTY property
OR belonging to
USURPAT another by
ION OF means of
REAL violence
against or
RIGHTS
intimidation
IN
of persons.
PROPERTY
• There is only civil
liability, if there is
Elements:
no violence or
1. That the
intimidation in
offender
taking
takes
possession.
possession
• Art 312 does not
of any real
apply when the
property or
violence or
usurps any
intimidation took
real rights in
place
property;
subsequent to
2. That the real
the entry.
property or
Violence or
real rights
intimidation must
belong to
be the means
another;
used in
3. That violence
occupying real
against or
property or in
intimidation
usurping real
of persons is
rights and not in
used by the
retaining
offender in
possession.
occupying
• When there is no
real property
intent to gain,
or usurping
crime committed
real property
is coercion.
or usurping
• When there is no
real right in
violence or
property;
intimidation used
4. That there is
and there is no
intent to gain.
intent to gain, the
crime is only
Acts malicious
punishable mischief.
under Article • Art 312 only
312: provides a
1. By taking penalty of fine.
possession However, the
of any real offender shall
property also suffer the
belonging to penalty for acts
another by of violence
means of executed by him.
319
CRIMINAL LAW BOOK
TWO
Art. 48 on ALTERING
complex crimes BOUNDARIES OR
does not apply. LANDMARK
• Criminal action
for usurpation of Elements:
real property 1. That there be
does not bar a boundary marks
civil action for or monuments of
forcible entry towns, provinces,
• Republic Act No. or estates, or any
947 punishes other marks
entering or intended to
occupying of designate the
public agricultural boundaries of the
land including same;
public lands 2. That the offender
granted to private alters said
individuals. boundary marks.
• Squatters: As
defined under  Altering is
Urban understood in its
Development general and
and Housing Act, indefinite
they are: meaning. Any
1. Those who alteration is
have the enough to
capacity or constitute the
means to pay material element
rent or for of the crime.
legitimate
housing but
CHAPTER FIVE:
are squatting
CULPABLE
anyway.
INSOLVENCY
2. Those who
(ART. 314)
were
awarded lots
but sold or ARTICLE
lease them 314
out. FRAUDULE
3. Those who NT
are intruders INSOLVENC
of lands Y
reserved for
socialized Elements:
housing, 1. That the offender
preempting is a debtor, that
possession is, he has
by occupying obligations due
the same. and demandable;
2. That he
absconds with
Theft /Robbery
his property;
Personal property is 3. That there be
taken. prejudice to his
creditors.
ARTICLE
313 • Actual
prejudice is
required.
320
• Real property 1. Offended party
may be the being deprived of
subject his money or
matter of property as a
fraudulent result of the
insolvency defraudation; 2.
Disturbance in
Unlike in the property rights;
Insolvency Law, 3. Temporary
Art. 314 does not prejudice.
require for its
application that Note: Profit or
the criminal act gain must be
should have obtained by the
been committed accused
after the personally and
institution of mere negligence
insolvency in allowing
proceedings. another to benefit
from the
CHAPTER transaction is not
SIX: estafa.
SWINDLING
AND OTHER I. Estafa with
DECEITS Unfaithfulne
(ARTS. 315- ss or Abuse
318) of
Confidence
ARTICLE 315
SWINDLING/ A. Estafa with
ESTAFA unfaithfulness
(Article
Elements in 315,
general: No. 1-
1. That the A)
accused
defrauded Element
another by s:
abuse of 1. That
confidence, the
or by means offen
of der
deceit; has
2. That the an
damage or oner
prejudice ous
capable of oblig
pecuniary ation
estimation is to
caused to the deliv
offended er
party or third som
persons. ethin
g of
Damage or value
prejudice may ;
consist of: 2. That
he
321
CRIMINAL LAW BOOK
TWO
alter nt as
s its to
subst the
ance qualit
, y of
quan thing
tity to be
or deliv
qualit ered,
y; the
3. That deliv
dam ery
age of
or the
preju thing
dice not
capa acce
ble ptabl
of e to
pecu the
niary com
estim plain
ation ant is
is not estafa.
caus
ed to B. Estafa with
the abuse of
offen confidence
ded (Article 315
party No.1-B)
or
third Elements:
pers 1. That money,
ons. goods, or
• It is other
estaf personal
a property be
even received by
if the the offender
oblig in trust, or on
ation commission,
be or for
base administratio
d on n, or under
an any other
imm obligation
oral involving the
or duty to make
illega delivery of, or
l to return, the
oblig same;
ation 2. That there be
. misappropria
• Whe tion or
n conversion of
there such money
is no or property
agre by the
eme offender, or
322
denial on his 3. Material
part of such Possession
receipt; (MP) – The
3. That such actual
misappropriat physical
ion or possession
conversion or of personal
denial is to property,
the prejudice where the
of another; possessor
4. That there is cannot claim
demand a better right
made by the to such
offender property than
party to the that of its
offender. owner.
4. Juridical
Note: The Possession
second element (JP) – Is
shows three present when
ways in which the
estafa under this possession
paragraph be of the
committed: personal
1. Misappropriat property
ion the arises from a
thing lawful
received, causation,
2. Conversion contract or
of the thing agreement,
received, or express or
3. Denial of the implied,
receipt of the written or
thing unwritten or
received by virtue of a
provision of
Definition of Terms law.
1. Misappropri  In such a
ation (M) - case, the
the act of possess
taking or of the
something for property
one’s own has a
benefit better
2. Conversion right to it
- the act of than the
using or owner
disposing of and may
another’s set up
property as it his
was one’s possessi
own; thing on
has been thereof
devoted to a against
purpose or the latter
use other due to
than that the
agreed upon. lawful
transacti
323
CRIMINAL LAW BOOK
TWO
on
between 2. If the
them. offen
5. Ownership der
(O) – There has
is ownership been
of the given
personal Jurid
property ical
when there is Poss
no obligation essi
to return on
exactly the and
same Mate
property rial
given or lent Poss
to the essio
possessor. n of
the
Take pers
Note: onal
1. If the prop
offen erty
der and
has he
been Misa
given ppro
Mate priat
rial es
Poss the
essio sam
n of e, he
the is
pers liable
onal for
prop the
erty crim
and e of
he EST
Misa AFA.
ppro JP + MP + M =
priat Estafa
es
the 3. If the
sam pers
e, he on
is has
liable been
for given
the the
crim Own
e of ershi
THE p,
FT. Juridi
cal
MP + Poss
M = essio
Thef n,
t and
324
Mate examples
rial of
Poss obligation
essio s
n of involving
the the duty
pers to return
onal or make
prop delivery.
erty • The thing
and to be
he delivered
Misa or
ppro returned
priat by the
es offender
the must be
sam the very
e, he object
is which he
NOT received.
crimi • The
nally person
liable prejudice
and d need
incur not
s necessaril
only y be the
a owner of
CIVI the
L property.
LIAB
ILITY General
. Rule: There
must be a
O + formal
JP + demand on
MP the offender
+ M to comply
= with his
NO obligation
CRI before he
ME can be
charged with
• The estafa.
contracts
of Exceptions:
deposit, 1. When the
commoda offender’
tum, and s
lease, obligation
quasicont to comply
ract of is subject
solutio to a
indebiti period,
and trust and
receipt 2. When the
transactio accused
ns are cannot
325
CRIMINAL LAW BOOK
TWO
be pledged, estafa is
located committed.
despite
due If an object was
diligence. to be pledged,
but instead it was
Is Novation a sold, theft is
Ground to committed.
Extinguish
Criminal Estafa Malversation
Liability under Offenders are entrusted with funds or property
Estafa? Considered as continuing offenses
NO. The The funds or Usually public funds or
Novation of the property are property
contract or private
obligation AFTER Offender is a Offender who is usually a
criminal liability private individual public officer is
for Estafa has or even a public accountable for public
been INCURRED officer who is funds or
is NOT a ground not accountable property
to extinguish the for public funds
offender’s or property.
criminal liability. There is no Malversation can be
Novation is not estafa through committed through
negligence abandonment or
one of the negligence
grounds for the
Crime is
extinguishment of
committed by
criminal liability misappropriating
under Art. 89 of , converting or
the RPC. denying having
received money,
HOWEVER, goods, or other
where such personal
property Crime is committed
novation, occurs by appropriating
BEFORE the taking or
criminal liability misappropriating or
for Estafa has consenting, or
been incurred, through abandonment
that is when not or negligence,
all the elements permitting any other
person to take the
therefore are
public funds or
present, then no property
criminal liability
attaches.
Theft
The offender takes the C. Estafa by
The offender receives
thing without the the thing from the taking
owner’s consent offended party. undue
The offender acquires advanta
The offender acquires
only the material or also the juridical ge of
physical possession of possession of the the
the thing signatur
thing and the offender
misappropriates it e in
blank
Note: If an object (Article
was received to
be sold, but
instead it was
326
315, to do
No. 1- so;
C) 4. That
the
Element docu
s: ment
1. That so
the writte
pape n
r with creat
the es a
signa liabili
ture ty of,
of or
the caus
offen es
ded dam
party age
be in to
blank the
; offen
2. That ded
the party
offen or
ded any
party third
shoul pers
d on.
have
deliv Note: If
ered the
it to paper
the with the
offen signature
der; in blank
3. That is stolen
abov the crime
e the is
signa falsificati
ture on of
of docume
the nts by
offen making it
ded appear
party that he
a participat
docu ed in a
ment transacti
is on when
writte in fact he
n by did not.
the
offen II. Estafa by
der Means of Deceit
witho (Article 315,
ut No. 2)
auth
ority Elements:
327
CRIMINAL LAW BOOK
TWO
1. That there complaina
must be nt was
false aware of
pretense, the
fraudulent fictitious
act or nature of
fraudulent the
means; pretense.
2. That such • It is
false indispens
pretense, able that
act or the
fraudulent element
means of deceit,
must be consisting
made or in the
executed false
prior to or statement
simultane or
ously with fraudulent
the represent
commissi ation of
on of the
fraud. accused,
3. That the be made
offended prior to, or
party at least
must simultane
have ously
relied on with, the
the false delivery of
pretense, the thing
fraudulent by the
act, or complaina
fraudulent nt, it
means, being
that is, he essential
was that such
induced false
to part statement
with his or
money or fraudulent
property represent
because ation
of constitute
fraudulent s the very
means; cause or
4. That as a the only
result motive
thereof, which
the induces
offended the
party complaina
suffered nt to part
damage. with the
thing.
• There is
no deceit Ways of
if the commission:
328
A. Art. 315 undertaken by a
No. 2 (A): non-licensee or non-
1. By holder of authority.
using
a Any such non-
fictiti licensee or non-
ous holder of authority
nam who, for a fee, offers
e. and promises
2. By employment abroad
falsel to two or more
y persons shall be
prete deemed so engaged
ndin in illegal recruitment.
g to
poss Economic
ess Sabotage:
(a) power, 1. Illegal
(b) recruitment by
influence, syndicate –
(c) committed by a
qualificatio group of three
ns, (d) (3) or more
property, persons
(e) credit, conspiring or
(f) agency, confederating
(g) with one
business another.
or 2. Large Scale
imaginary Illegal
transactio Recruitment –
ns. committed
3. By means against three (3)
of other or more persons.
similar
deceits. • Penalty for
Illegal
ILLEGAL Recruitment
RECRUITM involving
ENT economic
Under the sabotage is
Migrant punishable by
Workers life
Act imprisonment
(R.A. No. and fine of
8042) P500,000 to
P1,000,000.
Illegal Recruitment • In People v.
– Any act of Calonzo
canvassing, (G.R. Nos.
enlisting, hiring, or 11515055,
procuring workers, Sept. 27,
including referring 1996), The
contract services, SC reiterated
promising or the rule that a
advertising for person
employment abroad, convicted for
whether for profit or illegal
not, when recruitment
329
CRIMINAL LAW BOOK
TWO
under the calumny in a
Labor Code, criminal
as amended, action for
can be either slander
convicted for or libel
estafa, under depending on
Art 315 (par. how he
2), if the recounted the
elements of supposed
the crime are bribery.
present. • However, the
crime
B. Art. committed is
315 corruption of
No. public officer
2 if the
(B) money was
By indeed given
alter
ing, D. Art. 315
the No. 2 (D)
qual
ity, Element
fine s:
nes 1. That
s or the
wei offen
ght der
of post
anyt date
hing d a
pert chec
aini k,
ng OR
to issue
his d a
busi chec
nes k in
s pay
ment
C. Art. of an
315 oblig
No. ation
2 2. That
(C) such
By pretending post
to have bribed datin
any g or
Government issui
employee ng a
• The accused, chec
by pretending k
to have was
bribed a done
government when
employee, the
can be held offen
further liable der
for such had
330
no d only a
fund civil
s in liability.
the • If the
bank check
, or was
his issued
fund by the
s debtor
depo only for
sited security
there of the
in creditor,
were as in the
not nature of
suffic promisso
ient ry notes
to but not to
cove be
r the encashe
amount of the d, no
check estafa
will be
• The involved.
issuance • Good
by the faith is a
offender defense
of the in a
check charge of
(whether estafa by
postdate postdatin
d or not), g or
prior to issuing a
or check.
simultan (People
eous v.
with the Villapand
transacti o, 56
on, must Phil 31)
be for • Estafa by
the issuing a
purpose bad
of check is
contracti a
ng the continuin
obligatio g offense
n, • There is
otherwis prima
e if the facie
check is evidence
issued in of deceit
payment when the
of a drawer
preexisti fails to
ng pay or
obligatio make
n, no arrange
estafa is ment for
committe payment
331
CRIMINAL LAW BOOK
TWO
three (3) subsequen
days tly
after dishonored
receiving by the
notice of drawee
dishonor. bank for
insufficienc
BOU y of funds
NCIN or credit, or
G would have
CHE been
CKS dishonored
LAW for the
(B.P. Blg. 22) same
reason had
Offenses not the
Punished under drawer,
BP 22: without any
A. Making or valid
Drawing and reason,
issuing a check ordered the
knowing at the bank to
time of issue stop
that he does payment.
not have
sufficient Requisites for
funds. Criminal
Liability under
Elements: BP 22
1. That a 1. A person
person makes,
makes or draws or
draws and issues a
issues any check as
check to payment for
apply on account or
account or for value.
for value. 2. That the
2. That the check was
person dishonored
knows that by the bank
at the time due to a lack
of issue he of funds,
does not insufficiency
have of funds or
sufficient account
funds or already
credit with closed.
the drawee 3. The payee or
bank for holder of
the such check
payment of gives a
such check written notice
upon its of dishonor
presentme and demand
nt for payment.
3. That the 4. That the
check is maker,
drawer or
332
issuer, after defense" against
receiving BP 22 The
such notice absence of a
and demand, notice of
refuses or dishonor
fails to pay necessarily
the value of deprives an
the check accused an
within FIVE opportunity to
BANKING preclude criminal
DAYS. prosecution.
Accordingly,
 It is not the procedural due
making, process clearly
drawing, or enjoins that a
issuance, nor notice of
the dishonor dishonor be
of the check actually served
which gives on the maker,
rise to a drawer or issuer
violation of of the check. He
BP 22, but has a right to
rather the demand that the
failure to notice of
make good dishonor be
the check actually sent to
within FIVE and received by
BANKING him to afford him
DAYS from the opportunity to
receipt of the avert prosecution
Notice of under B.P. 22.
Dishonor (Lina Lim Lao v.
and Demand People, G.R. No.
for Payment. 119178, June 20,
1997)
Take Note: While
the written notice B. Failing to
of dishonor and keep
demand is not an sufficient
element in the funds to cover
violation of BP the full amount
22, the failure to of the check.
give such notice
to the maker, Elements:
drawer or issuer 1. That a
of the bouncing person has
check is FATAL to sufficient
an action to hold funds with
the latter the drawee
criminally liable. bank when
he makes
The full payment or draws
of the amount and issues
appearing in the a check
check within five 2. That he
banking days fails to
from notice of keep
dishonor is a sufficient
"complete funds or
333
BP 22 Estafa
(RPC)
Endorser is not Endorse
CRIMINAL LAW BOOK liable r who
acted
TWO with
to maintain a credit to cover the full does not deceit
delete the penalty of amount if presented knowing
within a period of imprisonment, for should that the
check is
the judge 90 days from the date of worthles
appearing decide that imprisonment is the s will be
more thereon. appropriate penalty; the criminally
circular ought liable
3. That the check is dishonored by the not Malum prohibitum Malum in
to be a hindrance. drawee bank se
 Prosecution under BP 22 shall be Take Issuance of check is for value It is the
Note: The 90 day period stated without or on account means
prejudice to any liability for any above is NOT to
an element of the violation violation in the RPC. obtain
of BP 22 by failing to keep sufficient funds. the
valuable
As such, the maker, drawer or issuer of The fine
conside
under BP 22 is based on the the check is not
ration
discharged from his duty amount of the check from the
and is without to maintain a sufficient balance in payee
his regard to the amount of damage account for (debt is
a reasonable time even caused. not
beyond the 90 day period. A “reasonable preexisti
time” according to current banking practice The ng)
accused will be liable for the is 6 months or 180 Deceit and damage are not False
days, after which the dishonor of the check elements of the crime; the pretens
even if it was check becomes stale. issued in gravamen of the offense is the es or
payment of a preexisting legal obligation as issuance of the unfunded deceit
he issued that check and
Thus, where a check is presented damage
, or at
beyond check “to apply on account.” the
least
90 day period, but within 180 days
intent to
from the date indicated therein, and it is
cause
dishonored due to a failure to maintain a sufficient damage
balance, the maker, drawer or issuer shall still be , are
liable for violation of BP 22. (Wong v. CA, GR No. essentia
117857, l and
February 2, 2001). the false
pretens
Gravamen of BP 22 is the issuance of a es must
worthless or bum check. be prior
to or
Evidence of Knowledge of Insufficient simultan
Funds: eous
with the
 Refusal of drawee bank to pay the check due damage
to insufficiency of funds when presented caused
within 90 days from the date of the check The drawer is given Given 3
shall be prima facie knowledge of 5 days after receiving notice of days
insufficiency of funds, unless the drawer or dishonor within which to pay or after
maker pays the holder the amount due make arrangements for receivin
thereon or makes arrangements for the payment g notice
payment thereof by the drawee within five of
(5) banking days after receipt of notice that dishono
the check was dishonored. r
That
Under SC Administrative Circular 12- there
2000, as clarified by A.C. 132001: are no
Where the circumstances of both the funds or
offense and the offender clearly indicate there
are
good faith or a clear mistake of fact without
insuffici
ent
334 funds at
the time
of
issuanc
e
made within 90
days

taint of intelligence, the imposition of fine
alone should be considered as the more
appropriate penalty.
The Administrative Circular merely lays

down a RULE OF PREFERENCE in the
application of the penalties provided for in
B.P. 22. The circular
BP 22 payi
The maker or ng
drawer and issuer there
knows at the time of of,
issue that he does with
not have sufficient inten
fund in or credit with t to
the drawee bank for defra
the payment of the ud
check in full the
Mere issuance of a propr
check that is ietor
dishonored gives or
rise to the man
presumption of
knowledge of
ager
insufficiency of there
funds of
2. By
E. Art. 315, obtai
No. 2(E) ning
1. By credi
obtai t at
ning any
food, of
refre the
shm said
ent esta
or blish
acco ment
mmo s by
datio the
n at use
hotel of
, inn, any
resta false
urant prete
, nse
boar 3. By
ding aban
hous doni
e, ng or
lodgi surre
ng ptitio
hous usly
e or remo
apart ving
ment any
hous part
e of
witho his
ut bagg
335
CRIMINAL LAW BOOK
TWO
age a
from docu
any ment;
of 2. That
the decei
said t be
esta empl
blish oyed
ment to
after make
obtai him
ning sign
credi the
t, docu
food, ment;
refre 3. That
shm the
ent offen
or ded
acco party
mmo perso
datio nally
n signe
there d the
in, docu
witho ment;
ut 4. That
payi preju
ng dice
there be
for. caus
ed.
III. Estafa
Through the Note: If
Following offended
Means party
willingly
A. Estafa by signed
inducing the
another to documen
sign any t and
document there
(Article 315 was
No. 3A) deceit as
to the
Element character
s: or
1. That contents
the of the
offen documen
der t, the
induc crime
ed committe
the d is
offen falsificati
ded on. BUT
party where
to the
sign accused
336
made remo
represent ved,
ation as conc
to ealed
mislead or
the destr
complain oyed
ant as to any
the of
character them;
of the 3. That
documen the
ts, it is offen
consider der
ed had
estafa. intent
to
defra
B. Estafa by ud
resorting to anoth
some er.
fraudulent
practice to Infidelity in
insure Custody of Estafa (Art.
success in Document 315 C)
gambling (Art. 226)
(Article 315 Same manner of committing the crime
No. 3B) Offender is a public The offender is a
officer who is private individual or
C. Estafa by officially entrusted public officer who is
removing, with the document. not officially
concealing entrusted with the
or documents
destroying Intent to defraud is There is intent to
documents not necessary. defraud.
(Article 315
No. 3C)  If there is
no intent
Elements: to
1. That defraud,
there the
be crime
court committ
recor ed is
d, maliciou
office s
files, mischief.
docu
ment ARTICLE
s or 316
any OTHER
other FORMS OF
pape SWINDLIN
rs; G
2. That
the Persons liable:
offen 1. Any person
der who,
337
CRIMINAL LAW BOOK
TWO
pretending to crime is
be the owner estafa by
of any real means of
property, false
shall convey, pretenses
sell, under Article
encumber or 315 (2a).
mortgage the
same. 2. Any person
who, knowing
Elements: that real
a. That the property is
thing be encumbered,
immovable, shall dispose
such as a of the same,
parcel of although
land or a such
building; encumbrance
(property be not
must recorded.
actually
exist) Elements:
b. That the a. That the
offender thing
who is not disposed of
the owner be real
of said property.
property b. That the
should offender
represent knew that
that he is the real
the owner property
thereof; was
c. That the encumbere
offender d, whether
should the
have encumbran
executed ce is
an act of recorded or
ownership not.
(selling, (principle
leasing, of
encumberi constructiv
ng or e notice
mortgaging does not
the real apply)
property); c. That there
d. That the must be
act be express
made to representat
the ion by the
prejudice offender
of the owner that the
or a third real
person. property is
free from
Note: If the encumbran
thing is not ce.
existing, the
338
d. That the thereby
act of caused to
disposing the possessor
of the real or third person.
property be
made to Note: The
the crime will still
damage of be estafa
another. even if the
owner takes
Note: If the the
thing is a personalty
personalty, from the
Article 319 lawful
applies. possessor
under the
3. The owner of modes of
any personal taking in theft
property who or robbery
shall which latter
wrongfully crimes
take it from cannot be
its lawful committed by
possessor, to the owner on
the prejudice his property
of the latter (Regalado).
or any third
person. 4. Any person
who, to the
Elements: prejudice of
a. That the another, shall
offender is execute any
the owner fictitious
of personal contract.
property;
b. That said 5. Any person
personal who shall
property is accept any
in the compensatio
lawful n for services
possession not rendered
of another; or for labor
c. That the not
offender performed.
wrongfully  This act
takes it requires
from its fraud as
lawful an
possessor; essential
(if from element.
unlawful If there is
possessor, no fraud,
Article 429 it only
of the becomes
Civil solutio
Code indebiti,
applies) with the
d. That civil
prejudice is obligatio
339
CRIMINAL LAW BOOK
TWO
n to cancellatio
return n of his
the bond, or
wrong (3) before
payment. being
relieved
6. Any person from the
who shall obligation
sell, contracted
mortgage or by him.
encumber
real property ARTICLE
with which 317
the offender SWINDLIN
guaranteed G A MINOR
the fulfillment
of his Elements:
obligation as 1. That the
surety. offender takes
advantage of
Elements: the inexperience
a. That the or emotions or
offender is feelings of a
a surety in minor;
a bond 2. That he induces
given in a such minor to
criminal or assume an
civil action; obligation, or to
b. That he give release, or
guaranteed to execute a
the transfer of any
fulfillment property right;
of such 3. That the
obligation consideration is
with his some loan of
real money, credit,
property or or other
properties; personal
c. That he property; (if real
sells, property, Article
mortgages, 318 applies;
or, in any minor cannot
manner convey real
encumbers property without
said real judicial
property; authority)
d. That such 4. That the
sale, transaction is to
mortgage the detriment of
or such minor.
encumbran
ce is (1) ARTICLE
without 318
express OTHER
authority DECEITS
from the
court, or 1. By defrauding
(2) made or damaging
before the another by any
340
other deceit not funds (other
mentioned in than a
the preceding transfer
articles. originated
2. By interpreting solely by
dreams, by paper
making instrument);
forecasts telling
fortunes, by 2. Counterfeit
taking Access
advantage of Device - any
the credulity of access
the public in device that is
any other counterfeit,
manner, for fictitious,
profit or gain. altered, or
forged, or an
REPUBLIC identifiable
ACT NO. component
8484 of an access
ACCESS DEVICES device or
REGULATION ACT counterfeit
OF access
1998 device;
Definition of terms. 3. Unauthorize

For purposes of this d Access
Act, the terms: Device - any
1. Access access
Device - any device that is
card, plate, stolen, lost,
code, expired,
account revoked,
number, canceled,
electronic suspended,
serial or
number, obtained with
personal intent to
identification defraud;
number, or
other 4. Access
telecommuni Device
cations Fraudulently
service, Applied for -
equipment, any access
or device that
instrumental was applied
identifier, or for or issued
other means on account of
of account the use of
access that falsified
can be used document,
to obtain false
money, good, information,
services, or fictitious
any other identities and
thing of value addresses,
or to initiate a or any form
transfer of of false
341
CRIMINAL LAW BOOK
TWO
pretense or investigation
misrepresent fees, and
ation; other service
charges;
5. Consumer -
a natural 9. Open-end-
person; credit plan -
a consumer
6. Credit Card credit
- any card, extended on
plate, coupon an account
book, or pursuant to a
other credit plan under
device which:
existing for a The
the purpose creditor
of obtaining may
money, permit
goods, the
property, person to
labor or make
services or purchase
any thing of or obtain
value on loans,
credit; from time
to time,
7. Device directly
Making or from the
Altering creditor
Equipment - or
any indirectly
equipment, by use of
mechanism credit
or impression card, or
designed or other
primarily service;
used for b The
making or person
altering or has the
reencoding privilege
an access of paying
device or the
a counterfe balance;
it access or
device; c A finance
charge
8. Finance may be
Charges - compute
represent the d by the
amount to be creditor
paid by the from time
debtor to time
incident to on an
the extension unpaid
of credit such balance.
as interest or 10. Penalty
discounts, Charges -
collection such amount,
fees, credit in addition to
342
interest, fraudulently
imposed on applied for;
the credit 5. Possessing one
card holder or more
for non- counterfeit
payment of access devices
an account or access
within a devices
prescribed fraudulently
period; applied for;
6. Producing,
11. Produce - trafficking in,
includes having control or
design, alter, custody of, or
authenticate, possessing
duplicate or device-making or
assemble; altering
and equipment
without being in
12. Trafficking - the business or
transferring, employment,
or otherwise which lawfully
disposing of, deals with the
to another, or manufacture,
obtaining issuance, or
control of, distribution of
with intent to such equipment;
transfer or 7. Inducing,
dispose of. enticing,
permitting or in
Prohibited Acts any manner
(Section 9) allowing another,
The following for consideration
acts shall or otherwise to
constitute access produce, use,
device fraud and traffic in
are hereby counterfeit
declared to be access devices,
unlawful: unauthorized
1. Producing, access devices
using, trafficking or access
in one or more devices
counterfeit fraudulently
access devices; applied for;
2. Trafficking in one 8. Multiple
or more imprinting on
unauthorized more than one
access devices transaction
or access record, sales slip
devices or similar
fraudulently document,
applied for; thereby making it
3. Using, with intent appear that the
to defraud, an device holder
unauthorized has entered into
access device; a transaction
4. Using an access other than those
device which said
device holder
343
CRIMINAL LAW BOOK
TWO
had lawfully such as slips,
contracted for, or carbon paper, or
submitting, any other
without being an medium, on
affiliated which the access
merchant, an device is written,
order to collect printed,
from the issuer embossed, or
of the access otherwise
device, such indicated;
extra sales slip 12. Writing or
through an causing to be
affiliated written on sales
merchant who slips, approval
connives numbers from
therewith, or, the issuer of the
under false access device of
pretenses of the fact of
being an approval, where
affiliated in fact no such
merchant, approval was
present for given, or where,
collection such if given, what is
sales slips, and written is
similar deliberately
documents; different from the
9. Disclosing any approval actually
information given;
imprinted on the 13. Making any
access device, alteration,
such as, but not without the
limited to, the access device
account number holder's
or name or authority, of any
address of the amount or other
device holder, information
without the written on the
latter's authority sales slip;
or permission; 14. Effecting
10. Obtaining money transaction, with
or anything of one or more
value through access devices
the use of an issued to
access device, another person
with intent to or persons, to
defraud or with receive payment
intent to gain or any other
and fleeing thing of value;
thereafter; 15. Without the
11. Having in one's authorization of
possession, the issuer of the
without authority access device,
from the owner soliciting a
of the access person for the
device or the purpose of:
access device a. Offering an
company, an access
access device, device; or
or any material,
344
b. Selling keeps, acquires,
information conceals, sells,
regarding or or disposes of,
an shall buy and
application sell, or in any
to obtain an manner deal in
access any article, item,
device; or object or
16. Without the anything of value
authorization of which he knows
the credit card or should be
system member known to him, to
or its agent, have been
causing or acquired through
arranging for the use of
another person counterfeit
to present to the access device or
member or its an unauthorized
agent, for access device or
payment, one or an access device
more evidence known to him to
or records of have been
transactions fraudulently
made by credit applied for, shall
card. be considered as
• Conspira an accessory to
cy to an access device
commit Said person shall
access be prosecuted
device under this Act or
fraud. under the Anti-
(Section Fencing Law of
11) is 1979
punishab (Presidential
le under Decree No.
this 1612) whichever
code. imposes the
• Frustrate longer prison
d and term as penalty
attempte for the
d access consummated
device offense.
fraud
(Section Presumption and
12) is prima facie
also evidence of intent
punishab to defraud (Section
le. 14)
• The
Accessory to mere
access device possessi
fraud (Section on,
13) Any person control or
who, with intent custody
to gain for of:
himself or for a. An access
another, buy, device,
receives, without
possesses, permission
345
CRIMINAL LAW BOOK
TWO
of the owner that such
or without device or
any lawful equipment is
authority; intended to
b. A counterfeit be used to
access defraud.
device;
c. Access  A cardholder
device who
fraudulently abandons
applied for; or
d. Any device- surreptitiou
making or sly leaves
altering the place of
equipment employmen
by any t, business
person or
whose residence
business or stated in
employment his
does not application
lawfully deal or credit
with the card,
manufacture without
, issuance, informing
or the credit
distribution card
of access company of
device; the place
e. An access where he
device or could
medium on actually be
which an found, if at
access the time of
device is such
written, not abandonme
in the nt or
ordinary surreptitiou
course of s leaving,
the the
possessor's outstanding
trade or and unpaid
business; or balance is
f. A genuine past due for
access at least
device, not ninety (90)
in the name days and is
of the more than
possessor, Ten
or not in the thousand
ordinary pesos
course of (P10,000.0
the 0), shall be
possessor's prima facie
trade or presumed
business, to have
shall be used his
prima facie credit card
evidence
346
with intent 2. That the
to defraud. offender
knows
CHAPTER that such
SEVEN: property
CHATTEL is so
MORTGAGE mortgag
(ARTS. 319) ed;
3. That he
removes
ARTICLE
such
319
mortgag
REMOVAL,
ed
SALE OR
personal
PLEDGE OF
property
MORTGA
to any
GED
province
PROPER
or city
TY
other
than the
Acts punishable: one in
A. By knowingly which it
removing any was
personal located
property at the
mortgaged time of
under the the
Chattel executio
Mortgage Law n of the
to any mortgag
province or e;
city other than 4. That the
the one in removal
which it is is
located at the permane
time of nt;
execution of 5. That
the mortgage, there is
without the no
written written
consent of the consent
mortgagee or of
his executors, mortgag
administrators ee,
or assigns. executor
s,
Removal of administr
Mortgaged ators, or
Property assigns
Elements: to such
1. That removal.
personal
property • The
is removal
mortgag of the
ed under mortgag
Chattel ed
Mortgag personal
e Law; property
347
CRIMINAL LAW BOOK
TWO
must be Mortgage
coupled Law, without
with the consent of
intent to the mortgagee
defraud. written on the
back of the
• A third mortgage and
person, noted on the
other record thereof
than the in the office of
mortgag the register of
or, may deeds of the
be held province
liable where such
property is
• If the located.
mortgag
ee Sale or
elected Pledge of
to file a Mortgaged
suit for Property
collection Elements:
, not 1. Personal
foreclosu property
re, is
thereby pledged
abandoni under
ng the Chattel
mortgag Mortgag
e as e Law;
basis for 2. Offender,
relief, the who is
removal the
of the mortgag
property or, sells
is not a or
violation pledges
of par 1 the same
of Art property
319. or any
part
• Chattel thereof;
mortgag 3. No
e must consent
be valid of
and mortgag
subsistin ee
g. written
on the
B. By selling or back of
pledging the
personal mortgag
property e and
already noted on
pledged, or the
any part record
thereof, under thereof in
the terms of the
the Chattel Office of
348
the PD 1613-
Register AMENDING
of THE LAW ON
Deeds. ARSON
 Damage Kinds of Arson:

to the 1. Arson (Sec. 1,
mortgag PD No. 1613)
ee is not 2. Destructive arson
essential (Art. 320, as
. amended by RA
No. 7659)
3. Other cases of
arson (Sec. 3,
PD No.
1613)
Art. 319
Distinguished from Arson – when any
Estafa (Art. person burns or
316) by Disposing sets fire to the
of Encumbered property of another,
Property or his own property
under circumstance
Art. 319 which expose to
The property involved is The danger
property the life isor
involved
personal property. property
real property. of another.
(Sec. 1, PD
Selling or pledging of To constitute
personal 1613)that the real
property sufficient
already pledged or mortgaged be sold as
mortgaged is committed free, Destructive
even though the
by the mere failure to vendorArsonmay have
(Art. 320,
obtain the consent of the obtained
RPC)the consent
Burningof
mortgagee in writing, the mortgagee
of: in writing.
even if the offender 1. One (1) or
should inform the more
purchaser that the thing
buildings or
sold is mortgaged.
edifices,
The purpose of the law The purpose is to
consequent
is to protect the protect the purchaser,
mortgagee.
to one single
whether the first or the
second. act of
burning, or
as a result of
CHAPTER simultaneous
EIGHT: burnings,
ARSON committed on
AND several or
OTHER different
CRIMES occasions.
INVOLVING 2. Any building
DESTRUCTI of public or
ONS (ARTS. private
320-326B) ownership,
devoted to
ARTICLE the public in
320-326-B general or
REPEALE where people
D BY PD usually
1613 gather or
349
CRIMINAL LAW BOOK
TWO
congregate use,
for a definite entertainmen
purpose such t or leisure.
as, but not 4. Any building,
limited to, factory,
official warehouse
governmental installation
function or and any
business, appurtenanc
private es thereto,
transaction, which are
commerce, devoted to
trade the service of
workshop, public
meetings and utilities.
conferences, 5. Any building
or merely the burning
incidental to of which is
a definite for the
purpose such purpose of
as but not concealing or
limited to destroying
hotels, evidence of
motels, another
transient violation of
dwellings, law, or for the
public purpose of
conveyances concealing
or stops or bankruptcy or
terminals, defrauding
regardless of creditors or
whether the to collect
offender had from
knowledge insurance.
that there are
persons in There is also
said building Destructive
or edifice at Arson: (Art.
the time it is 320,
set on fire RPC)
and 1. When the
regardless arson is
also of committed by
whether the 2 or more
building is persons,
actually regardless of
inhabited or whether their
not. purpose is
3. Any train or merely to
locomotive, burn or
ship or destroy the
vessel, building or
airship or the burning
airplane, merely
devoted to constitutes
transportatio an overt act
n or in the
conveyance, commission
or for public of another
350
violation of cane mill, or
the law mill central.
2. When any 6. Any railway
person shall or bus
burn: Any station,
arsenal, airport,
shipyard, wharf, or
storehouse warehouse.
or military
powder or Special
fireworks Aggravating
factory, Circumstance
ordnance, on Arson (Sec.
storehouse, 4, PD 1613):
archives or 1. If committed
general with intent to
museum of gain.
the 2. If committed
Government. for the
In an benefit of
inhabited another.
place, any 3. If the
storehouse offender be
or factory of motivated by
inflammable spite or
or explosive hatred
materials. towards the
owner or
Other cases of occupant of
Arson: (Sec. 3, the property
PD 1613) burned.
Burning of: 4. If committed
1. Any building by a
used as syndicate -
offices of the planned or
Government carried out by
or any of its three or more
agencies. persons
2. Any inhabited Prima facie
house or evidence of Arson
dwelling. (Sec. 6, PD 1613):
3. Any industrial 1. If the fire
establishmen started
t, shipyard, simultaneously
oil, well or in more than
mine shaft, one part of the
platform or building or
tunnel. establishment.
4. Any 2. If substantial
plantation, amount of
farm, pasture flammable
land, growing substances or
crop or grain materials are
field, orchard, stored within
bamboo the building not
grove or of the offender
forest. nor for the
5. Any rice mill, household.
sugar mill,
351
CRIMINAL LAW BOOK
TWO
3. If gasoline, premises
kerosene, except in the
petroleum or ordinary course
other of business.
flammable or 7. If a demand for
combustible money or other
substances or valuable
materials consideration
soaked was made
therewith or before the fire
containers in exchange for
thereof, or any the desistance
mechanical, of the offender
electrical, or for the safety
chemical, or of the person or
electronic property of the
contrivance victim.
designed to
start a fire, or • Conspiracy to
ashes or traces commit arson is
of any of the punished. (Sec.
foregoing are 7, PD 1613)
found in the • The object of
ruins or arson including
premises of the the land on
burned building which it is
or property. situated shall be
4. If the building confiscated and
or property is escheated to the
insured for State. (Sec. 8,
substantially PD
more than its 1613)
actual value at
the time of the Attempted,
issuance of the frustrated or
policy. consummated
5. If during the arson:
lifetime of the 1. A person,
corresponding intending to
fire insurance burn a
more than two wooden
fires have structure,
occurred in the collects some
same or other rags, soaks
premises them in
owned or under gasoline and
the control of places them
the offender beside the
and /or insured. wooden wall
6. If shortly before of the
the fire, a building.
substantial When he is
portion of the about to light
effects insured a match to
and stored in a set fire to the
building or rags, he is
property had discovered
been withdrawn by another
from the
352
who chases but the
him away. fire was
• The put out
crime before
committe any part
d is of the
attempte building
d arson, was
because burned, it
the is
offender frustrate
commen d.
ces the • But if
commissi before
on of the the fire
crime was put
directly out, it
by overt had
acts burned a
(placing part of
the rags the
soaked building,
in it is
gasoline consum
beside mated.
the
wooden 2. Any charring
wall of of the wood
the of a building,
building whereby the
and fiber of the
lighting a wood is
match) destroyed, is
but he sufficient. It is
does not necessary
perform that the wood
all the should be
acts of ablazed.
executio • And the
n (the mere fact
setting of that a
fire to the building
rags) is
due to scorched
the or
timely discolore
interventi d by heat
on of is not
another sufficient
who to
chases constitut
away the e
offender. consum
• If that mated
person is arson.
able to
light or 3. Setting fire to
set fire to the contents
the rags of a building
353
CRIMINAL LAW BOOK
TWO
constitutes was
the burned)
consummate or
d crime of consum
setting fire of mated
a building, arson,
even if no never
part of the attempte
building was d.
burned. • There is
• The no
offense complex
is crime of
committe arson
d by a with
syndicat homicide
e if it is . The
planned crime of
or homicide
carried is
out by a absorbed
group of .
three or
more CHAPTER
persons. NINE:
• If a part MALICIOUS
of the MISCHIEF
building (ARTS. 327-
commen 331)
ces to
burn, the Malicious
crime is Mischief – is the
consum willful damaging
mated of another’s
arson, property for the
however sake of causing
small is damage due to
the hate, revenge or
portion other evil motive.
burned.
• When
ARTICLE 327
there is
MALICIOUS
fire, the
MISCHIEF
crime
committe
Elements:
d is
1. That the
either
offender
frustrate
deliberately
d (e.g.
caused
set fire to
damage to
the
the property
blankets
of another;
but fire
2. That such act
was put
does not
out
constitute
before
arson or
any part
other crimes
of the
building
354
involving is intent to
destruction; gain as
3. That the act when the
of damaging offender
another’s removes or
property be makes use
committed of the fruits
merely for or objects
the sake of of the
damaging it. damage.
• This third (Art 308, par
element 2)
presuppose
s that the ARTICLE 328
offender SPECIAL
acted due CASES
to hate, OF
revenge or MALICIO
other evil US
motive. MISCHIEF
This crime
cannot be 1. Causing
committed damage to
thru obstruct the
reckless performance
imprudence of public
or thru functions;
violence in 2. Using
the course poisonous or
of a fight. corrosive
• If there is substances;
no malice in 3. Spreading
causing the any infection
damage, or contagion
the among cattle;
obligation is 4. Causing
only civil. damage to
• Damage the property
means not of the
only loss National
but also a Museum or
diminution National
of what is a Library, or to
man’s own. any archive
Thus, or registry,
damage to waterworks,
another’s road,
house promenade,
includes or any other
defacing it. thing used in
• Malicious common by
mischief the public.
does not • These are
necessarily called
include qualified
moral malicious
turpitude. mischief.
• It is theft • The
when there mischief
355
CRIMINAL LAW BOOK
TWO
mentioned or other
in the first accident.
clause (no.
1) is to be Art. 330 does not
distinguishe apply when the
d from telegraph or
sedition telephone do not
(Art. 139), pertain to
in that the railways.
element of ARTICLE 331
public DESTROYING
uprising OR
and DAMAGING
tumultuous STATUES,
uprising is PUBLIC
not present MONUMENT
in this S OR
crime. PAINTINGS
ARTICLE 329 Persons liable:

OTHER 1. Any person
MISCHIEFS who shall
destroy or
Mischiefs not damage
included in the statues or
next preceding any other
article and are useful or
punished ornamental
according to the public
value of monuments.
damage 2. Any person
caused. who shall
destroy or
ARTICLE 330 damage any
DAMAGE useful or
AND ornamental
OBSTRU painting of a
CTION public nature.
TO
MEANS CHAPTER TEN:
OF EXEMPTION
COMM FROM
UNICAT CRIMINAL
ION LIABILITY IN
CRIMES
Person liable: AGAINST
Any person who PROPERTY
shall damage any (ART. 332)
railway, telegraph
or telephone
ARTICLE 332
lines.
PERSON
EXEMPT
Qualifying
FROM
circumstance:
CRIMINAL
Damage shall
LIABILITY
result in the
derailment of
cars, collision
356
Crimes any of the said
involved in the crime.
exemption:
1. Theft The exemption does
2. Swindling not apply to
3. Malicious strangers
mischief participating in
the commission
Persons of the crime.
exempted:
1. Spouses, The exemption does
ascendants not apply if the
and crimes of theft,
descendants, swindling and
or relatives malicious
by affinity on mischief are
the same complexed with
line. another crime.
2. The widowed
spouse with TITLE
respect to the ELEVEN:
property CRIMES
which AGAINST
belonged to CHASTITY
the deceased
spouse Crimes against
before the chastity are also
same shall referred to as
have passed private crimes, or
to the crimes which
possession cannot be
of another. prosecuted de
3. Brothers and officio, because
sisters and of the
brothers in requirement that
law and the prosecution
sisters in law, thereof be upon a
if living sworn written
together. complaint of the
4. Stepfather, offended party or
adopted certain persons
father, authorized by
natural law.
children,
concubine, The crimes
paramour against
included as chastity which
ascendants cannot be
by affinity. prosecuted de
officio are: a.
Also applies to Adultery (Art.
common-law 333)
spouses. b. Concubinage
No criminal liability (Art. 334)
but only civil c. Acts of
liability shall lasciviousnes
result from the s with or
commission of without
357
CRIMINAL LAW BOOK
TWO
consent 1. That the
(Arts. 336, woman is
339) married;
d. Seduction 2. That she has
whether sexual
qualified or intercourse
simple with a man
(Arts. 337, not her
338), and husband;
e. Abduction 3. That as
which may regards the
be forcible or man with
consented whom she
(Arts. 342, has sexual
343) intercourse,
he must
But corruption of know her to
minors (Art. be married.
340) and white • Adultery
slave trade is
(Art. 341) can committe
be prosecuted d even if
de officio. the
marriage
CHAPTER is
ONE: subsequ
ADULTER ently
Y AND declared
CONCUBI void.
NAGE • The
(ARTS. death of
333-334) the
paramou
r will not
ARTICLE 333
bar
ADULTERY
prosecuti
on
Who are liable?
against
1. The
the
married
unfaithful
woman
wife,
who
because
engages in
the
sexual
requirem
intercourse
ent that
with a man
both
not her
offenders
husband.
be
2. The man included
who, in the
knowing of complain
the t is
marriage of absolute
the woman, only
has sexual when the
intercourse offenders
with her. are alive.
• The
Elements: death of
358
the is merely
offended mitigatin
party will g.
not • A
terminate married
the man who
proceedi does not
ngs. know of
• Each the
occasion married
of sexual status of
intercour the
se woman
constitut may be
es a liable for
crime of concubin
adultery. age, if he
• The appears
criminal to be
liability is guilty of
mitigated any of
when the acts
adultery defined
is in Art.
334.
committe
d while Requirements
abandon of pardon:
ed by 1. Must come
before the
spouse institution of
the criminal
without prosecution;
justificati 2. Both
on offenders
• There is must be
no crime pardoned.
of
frustrate There is an
d implied pardon:
adultery. Act of intercourse
• Acquittal with offending
of one of spouse
the subsequent to
defendan the adulterous
ts will not conduct
automati
cally • When there
acquit is consent,
the other. whether
• Abandon implied or
ment expressed, of
without the husband,
justificati he cannot
on is not institute a
exemptin criminal
g complaint for
circumst adultery.
ance but
359
CRIMINAL LAW BOOK
TWO
• Under the woman
law there can who is
be no not his
accomplice in wife
the crime of (proof of
adultery, actual
although in sexual
fact there can relations
be such an not
accomplice. required
as long
Recrimination – as it can
husband’s illicit be
relationship does inferred);
not absolve but c. Cohabiti
may mitigate ng with
wife’s liability for her in
adultery. any other
place (as
ARTICLE 334 husband
CONCUBINAGE and
wife);
Who are liable? 3. As regards to
1. The married the woman,
man she must
2. The woman know him to
who knew be married.
that the man
was married. • Conjugal
dwelling
Elements: means the
1. That the man home of the
must be husband and
married; wife even if
2. That he the wife
committed happens to
any of the be
following temporarily
acts: absent on
a. Keeping any account.
a
mistress • Scandalous
in the circumstance
conjugal s are not
dwelling necessary to
(mistress make a
must live husband
therein guilty of
as such); concubinage
b. Having by keeping a
sexual mistress in
intercour the conjugal
se under dwelling.
scandalo
us
circumst Scandal
ances consists in any
with a reprehensible
word or deed
360
that offends effective Oct.
public 22, 1997.
conscience, Provisions on
redounds to the Rape are found
detriment of the in Arts. 266-A
feelings of to 266-D under
honest persons, Crimes Against
and gives Persons.
occasion to the
neighbor’s CHAPTER
spiritual TWO:
damage or ruin. ACTS OF
LASCIVIO
Cohabit means USNESS
to dwell (ART. 336)
together, in the
manner of ARTICLE
husband and 336
wife, for some ACTS OF
period of time, LASCIVIO
as USNESS
distinguished
from occasional Elements:
transient 1. That the offender
interviews for commits any act
unlawful of lasciviousness
intercourse. or lewdness;
2. That the act of
• Adultery is lasciviousness is
more committed
severely against a person
punished of either sex;
than 3. That it is done
concubinage. under any of the
following
Reason: circumstances:
Because a. By using
adultery makes force or
possible the intimidation
introduction of b. When the
another man’s offended
blood into the party is
family so that deprived of
the offended reason or
husband may otherwise
have another unconscious
man’s son c. By means of
bearing his fraudulent
(husband’s) machination
name and or grave
receiving abuse of
support from authority
him. d. When the
offended
Art. 335 has party is under
been repealed 12
by RA No. 8353
(Anti-Rape Law
of 1997)
361
CRIMINAL LAW BOOK
TWO
years of age tal
or is circumstan
demented. ces.
• There can
• The crime be no
is unjust attempted
vexation in and
the frustrated
absence of acts of
any of the lasciviousn
above- ess.
mentioned • In People v.
circumstan Jalosjos
ces (GR No.
(circumstan 132876279
ces of , Nov. 16,
rape). 2001), the
SC adopted
Attempted Rape Acts the of
Lasciviousnessdefinition of
“lascivious
The acts performed by There is no intent to
conduct” in
offender clearly have sexual intercourse.
indicate that his
Sec. 32,
purpose was to lie with Art. XIII of
the offended woman, it the
is attempted. Implementi
ng Rules
Attempted Rape
and
Regulation
The lascivious acts are s of RA
but the preparatory 7610,
acts to the commission
which
of rape.
reads as
Manner of commission is the same.
follows:

The performance of lascivious character is“The
common to both. intentio
nal
• What touchin
constitutes g,
lewd or either
lascivious directly
conduct or
must be through
determined clothin
from the g, of
circumstan the
ces of each genitali
case. The a,
presence or anus,
absence of groin,
the lewd breast,
designs is inner
inferred thigh or
from the buttock
nature of s; or
the acts the
themselves introdu
and the ction of
environmen any
362
object
into the ARTICLE 337
genitali QUALIFIED
a, anus SEDUCTION
or
mouth Two classes:
of any 1. Seducti
person, on of a
whethe virgin
r of the over 12
same years
or and
opposit under
e sex, 18
with an years
intent of age
to by
abuse, person
humilia s who
te, abuse
harass, their
degrad authorit
e, or y or the
arouse confide
or nce
gratify repose
the d.
sexual 2. Seducti
desire on of a
of any sister
person; by her
bestialit brother
y, or
mastur descen
bation, dant by
lascivio her
us ascend
exhibiti ant,
on of regardl
the ess of
genital her age
s or and
pubic reputati
area of a on.
person.”
Elements:
CHAPTER 1. That the
THREE: offended
SEDUCTION, party is a
CORRUPTION virgin;
OF 2. She must be
MINORS, over 12 and
AND under 18
WHITE years of age;
SLAVE 3. That the
TRADE offender had
(ARTS. sexual
337-341) intercourse
with her;
363
CRIMINAL LAW BOOK
TWO
4. That there is b. Ascendant
abuse of who
authority, seduced
confidence or his
relationship descendant
on the part of c. A “domestic”
the offender. is different
from a house
Virgin – refers to a servant, it
woman of chaste means any
character or a person living
woman of good under the
reputation. Virginity same roof as
in this sense does a member of
NOT mean physical the same
virginity. household,
 Virginity is and includes
presumed if the boarders or
woman is house-guests
unmarried and of but not
good reputation. transients or
visitors.
The following are d. The fact that
the OFFENDERS: the girl gave
1. Those who her consent
abused their to the sexual
authority: intercourse is
a. Persons in no defense.
public In the same
authority way, lack of
b. Guardian consent of
c. Teacher the girl is not
d. Person who, an element of
in any the offense.
capacity, is e. The
entrusted seduction of
with the a sister or
education or descendant
custody of is known as
the woman incest.
seduced Virginity of
the sister or
2. Those who descendant
abused is not
confidence required
reposed in them: and she
a. Priest may be
b. House over 18
servant years of
c. Domestic age.
Relationshi
3. Those who p must be
abused their by
relationship: consanguin
ity. The
a. Brother who
relationship
seduced his
need not
sister
be
legitimate.
364
ARTICLE ARTICLE 339

338 ACTS OF
SIMPLE LASCIVIOUS
SEDUCTIO NESS WITH
N THE
CONSENT OF
Elements: THE
1. That the OFFENDED
offended party is PARTY
over 12 and
under 18 years of Elements:
age; 1. That the
2. That she must be offender
of good commits acts
reputation, single of
or widow; lasciviousnes
3. That the offender s or
has sexual lewdness;
intercourse with 2. That the acts
her; are
4. That it is committed
committed by upon a
means of deceit. woman who
is a virgin or
• Deceit single or a
generally widow of
takes the good
form of reputation,
unfulfilled under 18
promise of years of age
marriage. but over 12
• It is not years, or a
required in sister or
simple descendant
seduction regardless of
that the her
victim be a reputation or
virgin. age;
• The gist of 3. That the
qualified offender
seduction is accomplishes
the abuse of the acts by
authority, abuse of
confidence, authority,
or confidence,
relationship relationship
as the means or deceit.
of committing
the crime. In Art. 336 Art. 339
simple The acts are committed The acts of
seduction, it under circumstances lasciviousness are
is the use of which, had there been committed under the
deceit. But in carnal knowledge, circumstances which,
both kinds of would amount to rape had there been carnal
seduction, knowledge, would
there must amount to either
be sexual qualified seduction or
intercourse. simple seduction
365
CRIMINAL LAW BOOK
TWO
The offended party is a
female or a male Prohibited acts:
Demanding,
Both treat of acts of lasciviousness
requesting, or
otherwise requiring
 There is an any sexual favor
oversight in from the other,
the law regardless of
where the whether the
victim is demand, request,
exactly 12 or requirement is
years of age. accepted by the
If the victim object of the act.
is below 12,
the crime will ARTICLE
be rape, or 340
unconsented CORRUPTI
acts of ON OF
lasciviousnes MINORS
s or forcible (AS
abduction. AMENDED
Hence Art. BY BP 92)
339 stating
“over 12 Prohibited acts –
years of age” to promote or
should be facilitate the
construed as prostitution or
twelve years corruption of
of age and persons under age
over, thus to satisfy the lust of
construing another.
the doubt in • Under age
favor of the means under 18
accused. years of age.
• The victim must
ANTI-SEXUAL be of good
HARRASMENT reputation and
ACT not a prostitute or
(R.A. No. 7877) corrupted
person.
Persons • It is not
penalized: necessary that
Employer, the unchaste
employee, acts shall have
manager, been done since
supervisor, what is being
teacher, punished is mere
professor, act of promotion
instructor, coach, or facilitation.
trainor, or any
other person Special Protection
having authority, of Children
influence, or Against Child
moral Abuse Act (R.A.
ascendancy over 7610) – Child
another in a prostitution and
work, education attempt to commit
or training-related child prostitution
environment.
366
are punished under d. Threatenin
this Act. g or using
violence
Sec. 5. Child towards a
Prostitution and child to
other Sexual engage
Abuse – Children him/her as
whether male or a
female, who for prostitute;
money, profit or e. Giving
other consideration monetary
or due to the considerati
coercion or on, goods
influence of any or other
adult syndicate or pecuniary
group, indulge in benefit to a
sexual intercourse child with
or lascivious the intent to
conduct are engage
deemed to be such child
children exploited in
in prostitution and prostitution.
other sexual abuse.
2. Those who
Persons liable: commit the act of
1. Those who sexual
engage in or intercourse or
promote, lascivious
facilitate or conduct with a
induce child child exploited in
prostitution which prostitution or
include, but are subjected to
not limited to the other sexual
following: abuse.
a. Acting as a
procurer of 3. Those who
a child derive profit or
prostitute; advantage
b. Inducing a therefrom,
person to whether as
be a client manager or
of a child owner of the
prostitute establishment
by means where the
of written or prostitution takes
oral place, or of the
advertisem sauna, disco,
ents or bar, resort, place
other of entertainment
similar or establishment
means; serving as a
c. Taking cover or which
advantage engages in
of influence prostitution in
or addition to the
relationship activity for which
to procure the license has
a child as a been issued to
prostitute; said
367
CRIMINAL LAW BOOK
TWO
establishment. sexual
(Sec 5, RA abuse.
7610) • There is also
an attempt to
Note: There commit child
is also a prostitution,
crime of under
attempted paragraph
child (b) of Section
prostitution 5 hereof
under Sec 5 when any
pars. 1 and 2 person is
of RA 7610. receiving
(Sec 6, RA services from
7610). a child in a
sauna parlor
• There is an or bath,
attempt to massage
commit child clinic, health
prostitution club and
under other similar
Section 5, establishmen
paragraph (a) ts.
hereof when
any person ARTICLE 341
who, not WHITE SLAVE
being a TRADE
relative of a
child, is Prohibited acts:
found alone 1. Engaging in
with the said the business
child inside of
the room or prostitution;
cubicle of a 2. Profiting by
house, an prostitution;
inn, hotel, 3. Enlisting the
motel, services of
pension women for
house, the purpose
apartelle or of
other similar prostitution.
establishmen
ts, vessel, Corruption of Minors White Slave Trade
vehicle or
any other It is Minority need not be
hidden or essential involved
secluded that victims are
area under minors
circumstance May have victims of Limited only to females
s which either sex
would lead a May not necessarily be Generally for profit
reasonable for profit
person to
Committed by a single Generally committed
believe that act habitually
the child is
about to be
• The first two
exploited in
modes require
prostitution
the element of
and other
368
profit and 1. That the
habituality. In person
the third abducted is a
mode, the woman;
profit motive is regardless of
not required. her age, civil
(Regalado) status, or
• White slave reputation;
trade may be 2. That the
with or without abduction is
the consent of against her
the woman, will; 3. That
while slavery the abduction
for the is with lewd
purpose of design.
assigning the
woman to Grave Coercion/
immoral traffic Forcible Abduction
Kidnapping
(Art. 272) is
With Lewd design No lewd design
committed
against her There is no deprivation There is deprivation of
will. of liberty. liberty.
CHAPTER • Conviction of
FOUR: acts of
ABDUCTION lasciviousness
ARTS. 342- is not a bar to
343 conviction of
forcible
abduction
Abduction – is
• Attempted
meant the taking
Rape is
away of a woman
absorbed by
from her house or
Forcible
the place where
Abduction as
she may be for the
the former
purpose of carrying
constitutes the
her to another
element of lewd
place with intent to
design.
marry or corrupt
• If girl is under
her.
12 – crime is
ALWAYS
Two Kinds of
FORCIBLE
Abduction:
ABDUCTION
1. Forcible even if she
abduction (Art. voluntarily goes
342) with her
2. Consented abductor.
abduction (Art. • Sexual
343) intercourse is
not necessary
ARTICLE in forcible
342 abduction. The
FORCIBLE intent to seduce
ABDUCTI the girl is
ON sufficient.
Elements: ARTICLE
343
369
CRIMINAL LAW BOOK
TWO
CONSENT G
ED CHAPTERS
ABDUCTI OF TITLE
ON ELEVEN
(ARTS. 344-
Elements: 346)
1. That the
offended party A
must be a virgin; R
2. That she must be T
over 12 and I
under 18 years if C
age; L
3. That the taking E
away of the
offended party 3
must be with her 4
consent, after 4
solicitation or
cajolery from the PROSECUTI
offender; ON OF THE
4. That the taking CRIMES OF
away of the ADULTERY,
offended party CONCUBINAGE
must be with , SEDUCTION,
lewd designs. ABDUCTIO
N,
Crimes against RA
Chastity where PE
age and AN
reputation of D
the victim are AC
immaterial: TS
1. Acts of OF
lasciviousnes LA
s against the SCI
will of the VIO
offended US
party or
NE
against a
SS
sister or
descendant.
2. Qualified 1. Adultery
Seduction and
of
concubin
sister or
age
descendant.
must
3. Forcible
be
Abduction.
prosecut
ed upon
CHAPTER the
FIVE: complain
PROVISION t signed
S by the
RELATING offended
TO THE spouse
PRECEDIN (and in
the
370
absence refuses
of an to file
express either
or of the
implied next
pardon). succee
2. Seductio ding
n, person
abductio s may
n and file:
acts of a. Either of
lasciviou the
sness parents
must be b. Either of
prosecut the
ed upon grandpar
the ents
complain whether
t signed paternal
by (and or
in the maternal
absence side
of an c. Legal or
express judicial
pardon) guardian
offended s
party – d. The
i. Even State, as
if a parens
mino patriae
r when the
ii. If offended
party
of dies or
becomes
legal incapacit
ated
age before
she
and could file
the
not complain
inca t and she
pacit has no
ated, known
only parents,
she grandpar
can ents or
file guardian
com s.
plain
t • Pursua
nt to
If a R.A.
minor No.
or 8353,
incapac rape is
itated now a
and crime
371
CRIMINAL LAW BOOK
TWO
against concubinag
persons e
, which must come
may be before the
prosecu institution
ted de of the
officio. criminal
• In action and
adultery both
and offenders
concubi must be
nage, pardoned
the by the
offende offended
d party party if said
must pardon is to
institute be
the effective.
criminal  Pardon in
prosecu seduction
tion must also
against come
both before the
the institution of
guilty the criminal
parties, action.
if they  Condonatio
are n is not
alive. pardon in
• The concubinag
right to e or
file the adultery –
action any
granted subsequent
to the act of the
parent, offender
grandp showing
arent or that there
guardia was no
n shall repentance
be will not bar
exclusiv the
e of all prosecution
other of the
persons offense.
and
shall be • Pardon
exercis by the
ed offende
succes d party
sively in who is
the a minor
order must
provide have
d by the
law. concurr
 Pardon in ence of
adultery parents
and –
372
except Persons who are
when guilty of rape,
the seduction or
offende abduction shall
d party also be sentenced:
has no 1. To indemnify the
parents offended woman;
. 2. To acknowledge
• Marriag the offspring,
e of the EXCEPT:
offende a. In adultery
r with and
the concubinage
offende since only a
d party natural child
in may be
seducti acknowledge
on, d
abducti b. Where either
on and the offended
acts of party or the
lascivio accused is
usness married
extingui c. When
shes paternity
criminal cannot be
action determined
or as in multiple
remits rape
the d. Other
penalty instances
already where the
impose law should
d, and it prevent the
benefits offender from
the co- doing so;
principa
ls, support the offspring.
accomp
lices Note: Under the
and Family Code,
access children are
ories. In classified as only
rape, it either legitimate or
extends illegitimate, with no
only as further positive act
to the required from the
principa parent, as the law
l. itself provides the
child’s status.
ARTICLE Natural children
345 under the Civil
CIVIL LIABILITY Code fall within the
OF PERSONS classification of
GUILTY OF illegitimate children
CRIMES under the Family
AGAINST Code.
CHASTITY
373
CRIMINAL LAW BOOK
TWO
 Art. 176 of the against
Family Code chastity
confers (EXCEPT
parental adultery and
authority over concubinage
illegitimate where there
children on the can be no
mother and accomplices
provides their or
entitlement to accessories),
support in shall be
conformity with punished as
the Family principals.
Code. • In addition,
ARTICLE 346 teachers or
LIABILITY OF persons
ASCENDANTS, entrusted
GUARDIANS, with
TEACHERS, OR education
OTHER PERSONS and guidance
ENTRUSTED WITH of the youth
THE CUSTODY OF are penalized
THE OFFENDED with
PARTY disqualificatio
n.
Persons who • Furthermore,
cooperate as all those
accomplices but falling within
are punished as the terms of
principals in rape, this article
seduction, shall be
abduction, acts of punished
lasciviousness, with special
acts of disqualificatio
lasciviousness n from the
with the consent office of
of the offended guardian.
party, corruption
of minors, white TITLE
slave trade: TWELVE:
1. Ascendants, CRIMES
2. Guardians, AGAISNT THE
3. Curators, CIVIL STATUS
teachers, OF PERSONS
and
4. Any person, CHAPTER ONE:
who SIMULATION
cooperates OF BIRTHS
as AND
accomplice USURPATION
with abuse OF CIVIL
of authority STATUS
or
confidential
ARTICLE 347
relationship.
SIMULATION
• Persons who
OF BIRTHS,
act as
SUBSTITUTION
accomplices
OF ONE CHILD
in crimes
374
FOR pretending
ANOTHER, parents own.
CONCEALMENT OR • The
ABANDONMENT simulation
OF A LEGITIMATE which is a
CHILD crime is that
which alters
Acts punished: the civil
1. Simulation of status of
births; person.
2. Substitution • The woman
of one child who
for another; simulates
and birth and the
3. Concealing one who
or furnishes the
abandoning child are both
any liable as
legitimate principals.
child with
intent to The unlawful sale
cause such of the child by its
child to lose father was held to
its civil be not punishable
status. under this Code
• Object of the (US vs. Capillo et.
crime under al., 30 Phil 349).
Art. 347 is Now, it is
the creation punishable under
of false or the PD 603, with its
causing of Art. 59(3) which
the loss of imposes 2-6
civil status. months
• Simulation of imprisonment
births take and/or P500.00
place when fine. Furthermore,
the woman if the accused shall
pretends to engage in trading
be pregnant and dealing with
when in fact children, including
she is not, the act of buying
and on the and selling of child,
day of the that crime of child
supposed trafficking is
delivery, punished with
takes the reclusión temporal
child of to reclusión
another as perpetua under
her own. Sec 7, R.A. No.
• The 7610.
operative act
in the In the third way of
simulation is committing this
the crime, three
registration of requisites must be
the child in present, namely:
the registry of 1. The child must
births as the be legitimate;
375
CRIMINAL LAW BOOK
TWO
2. The offender is to defraud
conceals or offended
abandons such parties and
child; and heirs.
3. The offender has
the intent to It is absolutely
cause such child necessary in
to lose its civil order to
status. constitute this
crime that the
Note: Abandoning intent of the
means to leave a offender is to
child in a public enjoy the rights
place where other arising from the
people may find civil status of
the child. the person
impersonated.
Art. 276 Otherwise, the
(Abandoning case will only
Minor) be a violation of
distinguished from Art. 178 for
Art. 347 using a fictitious
Art. 276 name, or as
Crime against security. estafathe civil
Crime against under
Art
status of a 315.
person.
The offender must be The offender is any
the one who has the person. Example,
custody of the child. where the
The purpose of the The intent of such
offender is to avoid the usurpation is
obligation of rearing child to lose itsmerely
civil to
and caring for the status. enjoy or use
child. the usurped
civil rights,
ARTICLE as by using
348 another’s
USURPATI license or
ON OF getting a
CIVIL cedula in
STATUS another’s
name, to
 Usurping the civil avoid military
status of service or to
another is get a
committed by passport, it
assuming the would not be
filiation, or the punishable
parental or under this
conjugal rights article (II
of another with Cuello
intent to enjoy Calon,
the rights Codigo
arising from Penal, 10th
the civil status edition, p.
of the latter. 670). The
 Crime is offender
qualified if could be
the purpose liable for
using
376
fictitious marriage has
name (Art. all the
178) or essential
estafa if he requisites for
intended to validity.
defraud third
persons (Art. • First
315), or marriage
possibly must be
perjury or valid. If it is
falsification void or
depending voidable,
on the acts bigamy may
he performed still be
in connection committed if
with his there is no
intended judicial
offense. declaration of
nullity or
CHAPTER annulment of
TWO: ILLEGAL the first
MARRIAGES marriage.
(ARTS. 349- • Bigamy is a
352) public crime,
thus, its
ARTICLE 349 prosecution
BIGAMY may be
initiated by
Elements: anyone.
1. That the • A person
offender is convicted of
legally bigamy may
married; still be
2. That the prosecuted
marriage has for
not been concubinage.
dissolved or, • The death of
in case the the first
spouse is spouse
absent the during the
absent pendency of
spouse could the bigamy
not yet be case does
presumed not
dead extinguish
according to the crime,
the Civil because
Code; when the
3. That he accused
contracts a married the
second second
marriage or spouse the
subsequent first marriage
marriage; was still
and subsisting.
4. That the • The second
second or spouse who
subsequent knew of the
first marriage
377
CRIMINAL LAW BOOK
TWO
is an 1. That the offender
accomplice, contracted
as well as the marriage
person who 2. That he knew at
vouched for the time that
the capacity a. The
of either of requirements
the of the law
contracting were not
parties. complied
• The with; or
prescriptive b. The marriage
period for the was in
crime of disregard of
bigamy does a
not legal
commence impediment.
from the
commission • The offender
thereof but must not be
from the time guilty of
of its bigamy.
discovery by QUALIFYING
the CIRCUMSTAN
complainant CE: if either of
spouse. the contracting
While, it may parties obtains
be conceded the consent of
that the the other by
bigamous means of
marriage was violence,
celebrated intimidation or
publicly in fraud.
church and
recorded in • Conviction of a
the Office of violation of Art.
the Civil 350 involves
Registrar, the moral turpitude.
rule on The respondent
constructive is disqualified
notice from being
cannot admitted into
apply. the bar.
(Regalado,
Criminal Law ARTICLE
Conspectus). 351
PREMATU
ARTICLE RE
350 MARRIAG
MARRIAGE ES
CONTRACTED
AGAINST Persons liable:
PROVISIO 1. A widow who
NS OF married within
LAWS 301 days from
(Illegal the date of the
Marriage) death of her
husband, or
Elements:
378
before having doubtful paternity,
delivered if she the woman will not
is pregnant at be liable thereunder
the time of his if: (a) she has
death. already delivered;
2. A woman and (b) she has
whose conclusive proof
marriage that she was not
having been pregnant by her
annulled or first spouse since
dissolved, he was
married before permanently sterile
delivery or (People vs.
before Masinsin, CA, 49
expiration of OG 3908).
the period of ARTICLE 352
301 days after PERFORMANC
the date of E OF ILLEGAL
legal MARRIAGES
separation.
• Priests or
• Period may be ministers of
disregarded if any religious
the first denomination
husband was or sect, or civil
impotent or authorities
sterile or if the who shall
woman was perform or
pregnant authorize any
before the legal marriage
death of the ceremony
first husband shall be
and gave birth punished
within the said under the
period. Marriage Law.
• The period of
301 day is • Art. 352
important only presuppose
in cases that the priest
where the or minister or
woman is not civil authority
pregnant, or is authorized
does not know to solemnize
that she is marriages. If
pregnant at the accused is
the time she not authorized
becomes a to solemnize
widow. If she marriage and
is pregnant at he performs
the time she an illegal
becomes a marriage
widow, the ceremony, he
prohibition is is liable under
good only up Art. 177
to delivery. (usurpation of
authority or
Since the purpose public
of this article is to function).
avoid cases of
379
CRIMINAL LAW BOOK
TWO
The solemnizing omission,
officer of any of condition,
the foregoing status or
illegal marriages circumstance
who performs or ;
authorizes the 2. That the
same, despite his imputation
knowledge of the must be
illegality, shall be made
punishable under publicly;
Sec. 39 of Act 3. That it must
No. 3613. be malicious;
4. That the
TITLE imputation
THIRTEEN: must be
CRIMES directed at a
AGAINST natural
HONOR person or a
juridical
person, or
CHAPTER
one who is
ONE: LIBEL
dead;
(ARTS. 353-
5. That the
362)
imputation
must tend to
SECTION ONE cause the
DEFINITIONS, dishonor,
FORMS, AND discredit, or
PUNISHMENT contempt of
OF THIS the person
CRIME defamed.
AR Test of
T defamatory
I imputation: A
C charge is
L sufficient if the
E words are
calculated to
3 induce the
5 hearers to
3 suppose and
understand that
L the person
I against whom
B they were uttered
E was guilty of
L certain offenses,
or are sufficient
to impeach the
Elements: honesty, virtue or
1. That, there reputation, or to
must be an hold him up to
imputation of public ridicule.
a crime, or a
vice or
defect, real Notes:
or imaginary,
or any act,
380
• The meaning of the
of the writer defamatory
is immaterial matter to some
• If criminal third person or
intention is persons. Thus,
imputed sending a letter
against containing
another, it is defamatory
not words against
considered another to a
libelous third person is
• An sufficient
expression of publication.
opinion by
one affected 2 types of
by the act of malice:
another and 1. Malice in
based on fact –
actual fact is shown by
not libelous. proof of ill-
will, hatred,
Imputation may or purpose
cover: to injure;
1. Crime also known
allegedly as
committed by EXPRESS
the offended MALICE.
party; 2. Malice in
2. Vice or law –
defect, real presumed to
or imaginary, be malicious
of the from the
offended defamatory
party; imputation
3. Any act, even if it is
omission, true; proof is
condition, not required
status of, or because it is
circumstance presumed to
s relating to exist from
the offended the
party defamatory
imputation.
Dishonor –
means disgrace, When the
shame, ignominy communication
is
Discredit – PRIVILEGED,
means loss of malice is not
credit or presumed from
reputation; the defamatory
disesteem. words. Malice
(in fact) must
Contempt – be proved.
means state of
being despised. Guidelines
Publication: is when several
the persons are
communication defamed:
381
CRIMINAL LAW BOOK
TWO
1. If the embracin
defamation g as to
is made on apply to
different every
occasions or individual
by in that
independent group or
acts, there class so
are as many that each
crimes of individual
libel as there therein
are persons can
directly prove
addressed that the
with such defamato
statements ry
or directly statemen
referred to. t
2. If the specifical
defamation ly pointed
is made on to him,
a single he can
occasion: bring his
a. Where action
the same separatel
was y.
directed c. If several
at a class identifiabl
or group e victims
of are
numerou libeled in
s a single
persons article,
in there are
general as many
terms crimes of
only libel as
without there are
any persons
particular defamed.
person
being ARTICLE 354
directly REQUIREMENT
addresse FOR
d, there PUBLICITY
is no
victim Every
identified Defamatory
or Imputation is
identifiabl Presumed to be
e, hence Malicious, Even
no if it be True.
actionabl
e libel. The
b. If the PRESUMPTION
statemen is rebutted if it
t is so is shown by the
sweeping accused that –
or all
382
1. The proceedings,
defamatory or of any
imputation other act
is true, in performed by
case the public
law allows officers in the
proof of the exercise of
truth of the their
imputation functions.
(see Art.
361); Requisites of
2. It is the first kind of
published privileged
with good communication
intention; :
3. There is 1. That the
justifiable person who
motive for made the
making it. communicati
on had a
MALICE is not legal, moral
presumed in or social duty
the following to make the
cases involving communicati
qualifiedly on, or, at
privileged least, he had
communication an interest to
: be upheld;
1. Private 2. That the
communicati communicati
on made by on is
any person to addressed to
another in an officer or
the a board, or
performance superior,
of any legal, having some
moral or interest or
social duty. duty in the
2. A fair and matter;
true report, 3. That the
made in good statements in
faith, without the
any communicati
comments or on are made
remarks, of in good faith.
any judicial,
legislative, or  The defense of
other privileged
proceedings communicati
which are not on will be
of over come if
confidential it is shown
nature or of that (1) the
any defendant
statement, acted with
report, or malice in
speech fact, or (2)
delivered in there is no
said reasonable
383
CRIMINAL LAW BOOK
TWO
ground for members
believing the thereof, as an
charge to be implementation
true. of their
parliamentary
Requisites of immunity.
the second kind • Statements
of privileged made in judicial
communication proceedings
: are privileged
1. That it is fair and but only if
true report of a pertinent or
judicial, relevant to the
legislative, or case involved.
other official
proceedings THE ANTI-
which are not of WIRE
a confidential TAPPING
nature, or of a ACT
statement, report (R.A. No.
or speech 4200)
delivered in said
proceedings, or Unlawful acts by
of any other act any person or
performed by a participant, not
public officer in authorized by all
the exercise of the parties to any
his functions; private
2. That it is made in communication or
good faith; spoken word:
3. That it is without 1. To tap any wire
any comments or or cable.
remarks. 2. To use any other
device or
• Therefore, arrangement to
qualified secretly
privileged overhear,
communication intercept or
s must be record such
made with communication
malice and bad by using a device
faith in order to known as
be actionable. dictaphone,
• An absolutely dictagraph,
privileged detectaphone,
communication walkie-talkie or
is not tape-recorder.
actionable even 3. To knowingly
if made in bad possess any
faith. tape/wire or disc
Specifically record of any
recognized in communication
the Constitution or spoken word
as absolutely or copies thereof.
privileged are 4. To replay the
statements same for any
made in official person or
proceedings of persons.
Congress by
384
5. To communicate Defamation
the contents through amplifier
thereof, verbally system is slander
or in writing. not libel.
6. To furnish
transcriptions If defamatory
thereof, whether remarks are
complete or made in the heat
partial. of passion which
culminated in a
Exception: threat, the
When a derogatory
peace statements will
officer is not constitute an
authorized by written independent
order from the court. crime of libel but
a part of the
Any recording, more serious
communication or crime of threats.
spoken word
obtained in violation Administrative
of the provisions of Circular No. 08-
this Act – 2008, issued on
INADMISSIBLE IN January 25,
EVIDENCE in any 2008, laid down a
judicial, quasi- rule of
judicial or preference for
administrative the imposition of
hearing or a fine only rather
investigation. than
imprisonment in
ARTICLE libel cases. The
355 Administrative
LIBEL BY Circular provides
MEANS that:
OF 1. It does not
WRITINGS remove
OR imprisonment
SIMILAR as an
MEANS alternative
penalty for
Committed by the crime of
means of: libel under
1. Writing Article 355 of
2. Printing the Revised
Penal Code;
3. Lithography
2. The Judges
4. Engraving
may, in the
5. Radio
exercise of
6. Phonograph
sound
7. Painting
discretion,
8. Theatrical
and taking
exhibition
into
9. Cinematogra
consideration
phic
the peculiar
10. Or any circumstance
similar s of each
means case,
determine
385
CRIMINAL LAW BOOK
TWO
whether the A
imposition of C
a fine alone O
would best M
serve the PE
interests of NS
justice or AT
whether IO
forbearing to N
impose
imprisonment Acts punished:
would 1. Threatening
depreciate another to
the publish a libel
seriousness concerning
of the him, or his
offense, work parents,
violence on spouse, child
the social or other
order, or members of
otherwise be the family.
contrary to 2. Offering to
the prevent the
imperatives publication of
of justice; such libel for
3. Should only a compensatio
fine be n or money
imposed and consideration
the accused
be unable to • This is also
pay the fine, known as
there is no blackmail. Art.
legal 283 regarding
obstacle to light threats is
the another form of
application of blackmail.
the Revised • Blackmail may
Penal Code be defined as
provisions on any lawful
subsidiary extortion of
imprisonment money by
. threats of
accusation or
ARTICLE 356 exposure.
THREATENING • It is essential
TO PUBLISH that the threat
AND OFFER to publish, or to
TO PREVENT offer to prevent
SU the publication
C of libel must be
H for a
PU compensation
BL or money
IC consideration,
AT in order it may
IO be penalized
N under this
FO article.
R
386
• Blackmail is article prohibits,
possible in the and punishes
following any violation
crimes: thereof.
a. Light • The Gag Law
threats. (Art prohibits the
283) publication of
b. Threatening cases relating
to publish, to adultery,
or offering to divorce,
prevent the legitimacy of
publication children, etc.
of, a libel for
compensatio Under Republic Act
n. (Art 356) No. 1477:
A newspaper reporter
ARTICLE cannot be compelled
357 to reveal the source
PROHIBITED of the news report he
PUBLICATION OF made, unless the
ACTS court or a House or
REFERRE committee of
D TO IN Congress finds that
THE such revelation is
COURSE demanded by the
OF security of the state.
OFFICIAL
PROCEEDI ARTICLE
NGS 358
SLANDER
Elements: (oral
1. That the offender defamatio
is a reporter, n)
editor or
manager of a Kinds:
newspaper, daily 1. Simple slander
or magazine; 2. Grave slander,
2. He publishes when it is of a
facts connected serious and
with the private insulting nature
life of another;
3. Such facts are Factors that
offensive to the determine the
honor, virtue and gravity of the
reputation of said oral
person. defamation: 1.
Expressions
• This article is used;
referred to as 2. Personal
the Gag Law relations of the
because while accused and the
a report of an offended party;
official 3. Circumstances
proceeding is surrounding the
allowed, it gags case;
those who 4. Social standing
would publish and position of
therein facts the offended
which this party.
387
CRIMINAL LAW BOOK
TWO
 The slander 3. That such act
need not be cast
heard by the dishonor,
offended discredit, or
party contempt
upon the
Notes: Gossiping offended
is considered as party.
oral defamation if If there is no
a defamatory fact intent to
is imputed or dishonor the
intriguing against offended
honor if there is party, the
no imputation. crime is
maltreatment
Self-defense in by deed
slander may only under Article
be invoked if his 266.
reply is made in
good faith, Slander by
without malice, is deed is of two
not necessarily kinds:
defamatory to his 1. Simple
assailant and is slander by
necessary for his deed,
explanation or 2. Grave
defense. slander by
deed, that is,
ARTICLE 359 which is of a
SLANDER BY serious
DEED nature.
Slander by  Common Element

Deed– is a crime of Slander by
committed by deed and
performing any Unjust
act which casts Vexation:
dishonor, Irritation or
discredit or Annoyance;
contempt upon without any other
another person. concurring factor,
it is only Unjust
Elements: Vexation; if the
1. That the purpose is to
offender shame or
performs any humiliate,
act not Slander by deed.
included in
any other SECTION
crime against TWO:
honor; GENERAL
2. That such act PROVISIONS
is performed
in the ARTICLE 360
presence of PERSONS
other RESPONSIB
persons; LE FOR
LIBEL
388
in a charge for
1. The person Libel:
who 1. When the act
publishes, or omission
exhibits or imputed
causes the constitutes a
publication or crime
exhibition of regardless of
any whether the
defamation in offended party
writing or is a private
similar individual or a
means. public officer.
2. The author 2. When the
or editor of a offended party
book or is a
pamphlet. Government
3. The editor or employee,
business even if the
manager of a imputation
daily does not
newspaper constitute a
magazine or crime, provided
serial it is related to
publication. the discharge
4. The owner of of his official
the printing duties.
plant which
publishes a  The proof of truth
libelous of the
article with accusation
his consent cannot be
and all other based upon
persons who mere hearsay,
in any way rumors or
participate in suspicion. It
or have must be
connection positive, direct
with its evidence upon
publication. which a definite
finding may be
An independent made by the
civil action may be court.
filed
simultaneously or Defense in
separately in the Defamation:
same RTC where 1. It appears that
the criminal action the matters
was filed and vice charged as
versa. libelous is true;
2. It was published
ARTICLE with good
361 motives; AND
PROOF OF 3. For a justifiable
TRUTH end.
When proof of the

truth is admissible
389
CRIMINAL LAW BOOK
TWO
Incriminating Incriminating
Innocent Perjury by Making
Innocent
Persons False Accusation
Persons
Offender does not avail Limited to the act of Giving of false

himself of written or planting evidence and statement under oath
spoken word in the like in order to or making a false
besmirching the incriminate an innocent affidavit, imputing to
victim’s reputation. person. the person the
commission of a crime.
It is It is committed when
ARTICLE committed the imputation was
362 by performing falsely made before an
LIBELOUS an act by which the officer.
REMARKS offender
directly incriminates or
Libelous remarks imputes to an innocent
or comments person the commission
of a crime.
connected with the
matter privileged
under the ARTICLE 364
provisions of Art. INTRIGUI
354, if made with NG
malice, shall not AGAINST
exempt the author HONOR
thereof nor the
editor or managing Committed by
editor of a any person who
newspaper from shall make any
criminal liability. intrigue which
has for its
CHAPTER principal purpose
TWO: to blemish the
INCRIMINAT honor or
ORY reputation of
MACHINATI another.
ONS (ART.
363-364) This refers to
such intrigues
against a
ARTICLE
person’s honor or
363
reputation which
INCRIMINATING
are not otherwise
INNOCENT
punished under
PERSONS
other articles of
the code. It
Elements:
differs from
defamation in
performs an act;
that it consists of
2. That by such act tricky or secret
he directly plots and may be
incriminates or committed
imputes to an without using
innocent person written or spoken
the commission words which are
of a crime; defamatory
3. That such act
does not
Intriguing Against
constitute perjury Defamation
Honor
390
Source of derogatory imprudence or
statements cannot be simple
determined imprudence or
Consists of some tricky negligence;
and secret plot 4. By causing
through simple
Passes such
imprudence or
utterances
without
negligence
subscribing to the truth some wrong
of the remarks which, if done
maliciously,
would have
TITLE
constituted a
FOURTEEN:
light felony
QUASI-
OFFENSES
Imprudence Negligence
SOLE They are not crimes. They merely determine a

CHAPTER: lower degree of criminal liability. They are means of
CRIMINAL committing a crime.
NEGLIGENCE Deficiency of action Deficiency of perception
(ART. 365) Failure in precaution Failure in advertence
To avoid wrongful acts: To avoid wrongful acts:
ARTICLE 365 one must take the paying proper attention
IMPRUDEN necessary precaution and using due diligence
CE AND once they are foreseen in foreseeing them
NEGLIGEN
CE Reckless
Imprudence –
Four ways of consists in
committing voluntarily but
quasi- offenses without malice,
under Art 365: doing or failing to
1. By committing do an act from
through which material
reckless damage results by
imprudence reason of
any act which, inexcusable lack of
had it been precaution on the
intentional, part of the person
would performing or failing
constitute a to perform such act,
grave or taking into
less grave felony consideration his
or light felony; employment or
2. By committing occupation, degree
through simple of intelligence,
imprudence or physical condition
negligence an and other
act which would circumstances
otherwise regarding persons,
constitute a time and place.
grave or less
serious felony; Elements:
3. By causing 1. That the offender
damage to the does or fails to
property of do an act.
another through
reckless
391
CRIMINAL LAW BOOK
TWO
2. That the doing of lack of
or the failure to precaution
do that act is displayed in
voluntary. those cases in
3. That it be without which the
malice. damage
4. That material impending to be
damage results. caused is not
5. That there is immediate nor
inexcusable lack the danger
of precaution on clearly manifest.
the part of the
person Elements:
performing or 1. That there is
failing to perform lack of
such act taking precaution
into on the part
consideration – of the
a. Employment offender.
or 2. That the
occupation. damage
b. Degree of impending to
intelligence, be caused is
physical not
condition. immediate
and nor the
c. Other danger
circumstance clearly
s regarding manifest.
persons, time
and place. Art. 64 relative to
mitigating and
Test of aggravating
negligence: Would circumstances
a prudent man, in is not applicable
the position of the to crimes
person to whom committed
negligence is through
attributed, foresee negligence.
harm to the person
injured as a The defense of
reasonable contributory
consequence of the negligence does
course about to be not apply in
pursued? If so, the criminal cases
law imposes a duty through
on the actor to reckless
refrain from that imprudence
course or to take since one
precaution against cannot allege
its mischievous negligence of
results, and the another to
failure to do so evade the
constitutes effects of one’s
negligence. own negligence.
Simple The penalties

Imprudence – provided for in
consists in the Article 365 are
392
NOT applicable property as
when: a
1. The penalty consequenc
provided for e of
the offense reckless or
is equal to simple
or lower imprudence.
than those
provided in Doctrine of Last
the first two Clear Chance:
paragraphs The contributory
of Art 365 negligence of
2. By the party injured
imprudence will not defeat
or the action if it be
negligence, shown that the
and with accused might,
violation of by the exercise
the of reasonable
Automobile care and
Law, the prudence, have
death of a avoided the
person shall consequences
be caused. of the
negligence of
Qualifying the injured party.
Circumstance:
Failing to lend help. Emergency
It raises the penalty Rule:
one degree higher. An automobile
driver who, by
Except: Sec. 55 the negligence of
of RA 4136, the another and not
driver can leave by his own
his vehicle negligence, is
without aiding suddenly placed
the victims if: 1. in an emergency
He is in and compelled to
imminent act instantly to
danger of being avoid a collision
harmed, or injury is not
2. He wants to guilty of
report to the negligence if he
nearest makes such a
officer of the choice which a
law, or person of
3. He desires ordinary
to summon a prudence placed
physician or in such a position
a nurse for might make even
medical though he did not
assistance to make the wisest
the injured. choice.
 There must be
injury to
person or
damage to
393
CRIMINAL LAW BOOK
TWO
394

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San Beda College of Law

2011 CENTRALIZED BAR OPERATIONS

Ways of being Treason by Levying

 Offender must COMMONW

2. Unlawfully disclosing information affecting a.

3. Disloyal acts or words in time of peace 8.

10. Destroying SECTION

SECTION • Right to conduct

2. For the Rebellion - more

Elements of act no. Rules relative

Date must be essential.

C. Attributing to persons who

Civil case – an Elements:

The purpose ARTICLE

Misfeasance – Sources of unjust

Presumption ARTICLE 218

Tumultuous affray – Elements:

Persons liable: ARTICLE

Elements: (LI) ARTICLE 272

• R.A. 7610 Qualifying

Imposition of the • “Dwelling place”

ARTICLE Grave Threats Light Threats

Acts punished: Threats Coercion

Art. 35 Art. 284

ARTICLE 285  Where the

Grave Coercion Unjust Vexation

The act of preventing The act was already

Grave Coercion Illegal Detention

Intent to deprive the Intent to deprive is

• There is no his debtor;

Simple Robbery Robbery Bribery

Requisites for ARTICLE 297

San Beda College of Law

The Administrative Circular merely lays

Definition of terms. 3. Unauthorize

 Damage Kinds of Arson:

ARTICLE 329 Persons liable:

ARTICLE ARTICLE 339

Slander by  Common Element

When proof of the

Offender does not avail Limited to the act of Giving of false

SOLE They are not crimes. They merely determine a

Simple The penalties

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